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Council PKT 03-03-1998 Special/Regular - .. I City of Federal Way City Council Meeting AGENDA COUNCILMEMBERS 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 March 3, 1998 I I. II. III. I. II. III. a. b. IV. ** V. a. b. c. ..-,¡ - AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall March 3, 1998 ***** .... 'W"" . - ;~1 ,.~.'tf\ n.m. CALL MEETING TO ORDER FINANCEÆCONOMIC DEVELOPMENT /REGIONAL AFFAIRS COMMITTEE & COUNCIL OF WHOLE Bud2"et Policy Review ADJOURNMENT Rp.ø'l1lar .. .. - 7~OO D.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENT A TIONS SPIRIT A ward/Month of March Civil Service Commission Introductions/Certificates CITIZEN COMMENT (3 minute limit per person) CONSENT AGENDA Minutes/Janua(}' 9, 1998 Special Meeting & Februa(}' 17, 1998 Regular Meeting Council Bill #190/ Adopting Development Regulations & Concomitant Agreement! Enchanted Park Annexation/Enactment Ordinance Council Bill #1911Enchanted Park Annexation/Enactment Ordinance over please. . . - I . d. e. f. g. h. VI. a. b. VII. VIII. IX. X. Interlocal Agreements/Cities of Des Moines, Kent, Auburn, Pacific, Milton & Edgewood/Lakehaven Assumption' , Lake Grove Ballfield Renovation PrQject A~ptance Mark Twain Ballfield Renovation PrQject Accq)tance Youth Commission Work Plan Parks & Recreation Commission Work Plan CITY COUNCIL BUSINESS 1998 Right-of-Way Landscape Contract Bid Award District Court Districting Committee Appointment CITY MANAGER REPORT CITY COUNCIL REPORTS EXECUTIVE SESSION Litigation/Pursuant to RCW 42.30. 11O(1)(i) ADJOURNMENT ee PLFASE COMPLETE PINK SLIP & PRESENT TO THE DEPUTY CITY CLF..RK PRIOR TO SPEAKING Citizens may addrcas the> C~ Council at this 1Îmð. Wbcn recognized by the> Mayor, plulC> come> forward to the> podium, adjust microphooe> to prop« bcigbt, and state> your name> and addre>as for the> record. PLFASE LIMIT YOUR REMARKS TO THREE ß) MINUTES. Citizens may COIlUIICÐt on individualqeøda items at timca during lilY regularly achcdu1e>d City Council moctiog, prior to Council discUisiOll, ThC>lC> items include>, but are> not limite>d to, OrdÎnlllCC>l, Re>ao1utiOlllllld Council BUline>ss ÍIIUCI. ThC>IC> comment tÎlDe>s are> in additiOll to the> Citizen Comment at the> beginning of C>lCh regularly sche>du1e>d meeting. MEETING DATE: March 3,1998 ITEM#;dL- (~ J- ..................................................................................................................................................................""""""""""""""""""""""""""""""""""""" """" 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 - 2 sets - City Council Special MeetinglRetreat - January 9, 1998 - City Council Regular Meeting - February 17, 1998 ......................................................"""""""""""""""""""""""""""...................................................................................................................... .................. SUMMARYIBACKGROUND: Written minutes required by the Revised Code of Washington (RCW) ......................................................."""""""""""""""""""""""""""""".................................................................................................................. ............... CITY COUNCIL COMMITTEE RECOMMENDATION: Approval of minutes as presented. ...................................................................................................,................................................................................................... ............................................. . .~I~. ~ ~~ ~~ ~.~~~ ~~~~ ~ ~~~: ~~~~: ~~ 0 ~ ~u ~~~.: ~~~~~~~ ~.~..... Ii/,ßfi.ð I ~.......... APPROVED FOR INCLUSION IN COUNCIL dfÞ PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLEDIDEFERREDINO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\agenda.bil DRAFT FEDERAL WAY CITY COUNCIL City Council Special MeetinglRetreat Port Ludlow Conference Center 9483 Oak Bay Road January 9, 1998 10:00 a.m. - 5:00 p.m. MINUTES I. CALL MEETING TO ORDER Mayor Ron Gintz opened the special meeting/retreat of the Federal Way City Council at 10:00 a.m., at the Port Ludlow Conference Center, Port Ludlow, W A. City Council present: Mayor Ron Gintz, Deputy Mayor Michael Park, Councilmembers Mary Gates, Phil Watkins, Jack Dovey, Jeanne Burbidge and Linda Kochmar. City staff present: City Manager Ken Nyberg, City Attorney Londi Lindell and all City Department Directors. II. INTRODUCTIONS The meeting was facilitated by Dr. Michael Pendleton. III. WORKING TOGETHER - WHAT ARE THE NORMS? -City Council Rules IV. COMMUNICATIONS V. 1999/2000 Budget VI. 1998 Budget Revisions Councilmember Kochmar MOVED APPROVAL TO ALLOCATE $38,775 FROM THE CITY MANAGER CONTINGENCY FUND TO FUND HUMAN SERVICES PROJECTS AND IMPLEMENT AGENCY CONTRACTS; second by Councilmember Burbidge. The motion carried as follows: City Council Special Meeting/Retreat Minutes - Page 2 Gates Park Watkins Kochmar yes no no yes Dovey Gintz Burbidge VII. CODES & PERMITTING VIII. COUNCIL COMMITTEE ASSIGNMENTS yes yes yes Deputy Mayor Park MOVED APPROVAL OF COMMITTEE APPOINTMENTS AS FOLLOWS: FinancelEconomic Development/Regional Affairs Committee Chair Mary Gates Members Jeanne Burbidge & Linda Kochmar Land Use/Transportation Committee Chair Phil Watkins Members Jeanne Burbidge & Mary Gates Parks, Recreation, Human Services & Public Safety Committee Chair Jack Dovey Members Jeanne Burbidge & Linda Kochmar The motion was seconded 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 APPOINT COUNCILMEMBER WATKINS TO THE AIRPORT COMMUNITIES COALITION COMMITTEE AND LINDA KOCHMAR TO BE APPOINTED AS ALTERNATE; second by Councilmember Dovey. The motion carried as follows: Gates Park Watkins Kochmar yes yes yes yes Dovey Gintz Burbidge yes yes yes .' City Council Special Meeting/Retreat Minutes - Page 3 IX. ADJOURNMENT Adjourning the City Council retreat until tomorrow at 8:30 a.m., Mayor Gintz adjourned the session at 5:25 p.m. Robert H. Baker Deputy City Clerk DRAFT FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall February 17, 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, Jeanne Burbidge, Jack Dovey, Linda Kochmar and Phil Watkins. City staff present: City Manager Ken Nyberg, Deputy City Manager Philip Keightley, City Attorney Londi Lindell, City Clerk Chris Green and Deputy City Clerk Bob Baker. Mayor Gintz announced the excused absence of Councilmember Mary Gates. II. PLEDGE OF ALLEGIANCE Councilmember Kochmar led the flag salute. III. PRESENTATIONS a. Arts Commissioner Introduction/Certificate A Certificate of Appointment was presented to Nancy Cole by Councilmember Burbidge. Mayor Gintz noted the presentation was fitting as Ms. Cole fills the vacancy created by Ms. Burbidge when elected to the Council. b. Human Services Commissioner Introductions/Certificates Councilmember Dovey presented Certificates of Appointment to Dianne Garren-Cook, Ken Johnson and Eric Olsen. Richard Bye, alternate, was not present. CITY COUNCIL REGULAR MEETING MINUTES - 2/17/98 - PAGE 2 IV. CITIZEN COMMENT Alison Corrigan, Chamber President/CEO, strongly endorsed the RTA's complete analysis of alternative sites for the planned transit center and parking structure in the downtown core and trame. The Chamber is concerned that siting the transit center and parking garage at the 320th Park & Ride facility will lessen the economic impact due to the development constraint imposed by 1-5 and the surrounding area. Finally, she encouraged the RTA and King County Transit to look at interim parking solutions at the 320th and 272nd Park & Ride to facilitate current use of transit. Joann Piquette announced the Knutzen Family Theatre Fund project was nearing its end. She announced a Big Band Dance Fundraiser scheduled on February 28, at 8:00 p.m., with music performed by the Swing Reunion Orchestra. Evelyn Castellar spoke in support of the big band dance and stated King County Executive Ron Sims and the Mayor of Milton will attend. She encouraged Mayor Gintz to join them and have a dance competition. Alan McEachern, King County Arts Commissioner spoke in support of the big band dance and announced the availability of 1998 facilities grant funds for the Knutzen Family Theatre, in the amount of $100,000.00. He noted special thanks are due, in part, to Ron Sims and Peter von Reichbauer. V. CONSENT AGENDA a. b. c. d. MinuteslFebruary 3. 1998 Regular Meeting Nextel Communications Lease Agreement!Sacajawea Park ACC Interlocal Amendment SWM Capital Facilities Plan Update 1996-99 Housing & Community Development Plan BP A Trail Corridor Phase II Acceptance & Retainage Release 1997 Asphalt Overlay Project Acceptance & Retainage Release 1997 Sidewalk Replacement Project Acceptance & Retainage Release Military Rd So.lSo. 284m St. to So. 288m St. Project Acceptance & Retainage Release Resolution/Support of Test Program - Modifications to SeaTac Airport/So. Departure Route/APPROVED RESOLUTION #98-266 e. f. g. h. 1. J. Councilmember Dovey pulled consent agenda item b. .' CITY COUNCIL REGULAR MEETING MINUTES - 2/17/98 - PAGE 3 Deputy Mayor Park MOVED APPROVAL OF CONSENT AGENDA ITEMS A., C, D, E, F, G, H, I AND J AS PRESENTED; second by Councilmember Kachmar. The motion carried as follows: Gates Park Watkins Kachmar excused absence yes yes yes Dovey Gintz Burbidge yes yes yes Item B: Nextel Communications Lease Agreement/Sacajawea Park Councilmember Dovey pulled this item to discuss a proposed amendment to a motion which was approved by the Parks, Recreation, Human Services and Public Safety Committee. The proposed amendment was to delete a portion of what was approved at the aforementioned meeting. Councilmember Dovey MOVED APPROVAL OF CONSENT AGENDA ITEM B, AS PRESENTED TO COUNCIL FROM COMMITTEE, WITH THE DELETION OF LANGUAGE WHICH PROVIDES "ALL REVENUES RECEIVED FROM THE LEASE ARE TO BE RECEIPTED INTO THE PARKS AND RECREATION DEPARTMENT BUDGET AND NOT THE GENERAL FUND"; second by Councilmember Kochmar. Nextel Representative Lynda Coile was present and ready to answer any questions from the Council. There were no questions. The motion carried as presented: Gates Park Watkins Kochmar excused absence yes yes yes Dovey Gintz Burbidge yes yes yes VI. PUBLIC HEARING Enchanted Park Annexation & Concomitant Development Agreement a. Staff Presentation Mayor Gintz called the public hearing to order to consider the annexation of Enchanted Park Concomitant Development Agreement - Office Park 4 (OP-4); Development Regulations and acceptance of 60% Annexation Petition. Mayor Gintz explained the process required by Washington State law and the Federal Way City Code as they relate to this hearing. He announced any person may participate in the process by providing CITY COUNCIL REGULAR MEETING MINUTES - 2/17/98 - PAGE 4 written/oral presentation to Council, or by way of appearing through a representative. Mayor Gintz opened the public hearing at 7:20 p.m. Greg Moore, Director of Community Development Services, introduced himself. He relayed staff discussions with Enchanted Park began in 1993. In 1995 the City Council accepted a 10% petition and authorized circulation of a 60% petition. Said petition included Brittany Lanes and Regency Woods subdivisions. It was also in 1995, Council authorized a pre-annexation concomitant development agreement that would be prepared and effective upon annexation. The recommendation before Council is supported by City staff and Enchanted Park ownership. There have been improvements beyond King County requirements. Enchanted Parks has met with home owners association and have offered conditions beyond what City requires. Mr. Moore believes this agreement recognizes the unique characteristics of this land use and is a balanced and fair approach for the City, park and home owners in the area. Senior Planner Margaret Clark presented introductory comments and higWighted major points of the concomitant agreement and made a staff recommendation. Since the public hearing on November 13, 1997, the details of the concomitant agreement have been refined between City staff and applicant. They are now in agreement with the details. The agreement addresses all questions raised by Council, Planning Commission and citizens at said public hearing. Ms. Clark relayed the Enchanted Park annexation area is approximately 66 acres in size and includes the following property: approximately 65 acres owned by Enchanted Park, Inc., approximately one acre between I~5 and Milton Road, and Milton Road. The concomitant development agreement covers only the property owned by Enchanted Parks, Inc. The annexation area does not include South 369th Street or 19th Way South. As part of the annexation, Council will also be considering the adoption of the Office Park 4 (OP-4) development regulations which will govern all property within the annexation area. OP-4 development regulations would implement the OP-4 zoning which was adopted for the Enchanted Park Annexation area as part of the August 1, 1996, adoption of the City Zoning Map. Parcel Q is designated Neighborhood Business and Parcel V, the southern 11.47 acres, is designated Residential with allowance for 4 dwelling units per acre. The OP-4 development regulations set out standards which any new use or expansion of an existing use must meet and the concomitant development agreement sets out additional standards which only apply to that property under Enchanted Park ownership. CITY COUNCIL REGULAR MEETING MINUTES - 2/17/98 - PAGE 5 The Office Park 4 development regulations use the existing City Office Park 4 zone as a basis and proposes to add other uses such as Regional Commercial Recreational facilities, hotels and general or specialty retail. The regulations include a process of review for all uses. In general, administrative review, i.e., director's approval will be used for any expansion, relocation or new regional commercial recreational uses proposed for the existing Enchanted ParkIWild Waves area. Only height limits (35 ft.) for the Department of Transportation property is addressed within the OP-4 development regulations. Height limits for the Enchanted Parks property is addressed as part of the concomitant agreement As it relates to signs, Ms. Clark noted that 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. Regarding the concomitant development agreement, Ms. Clark made verbal notes relative to the following items which may be reviewed in Exhibit 5 to the staff report prepared for this meeting: the concomitant would not regulate artificially-created wetlands such as the wetland on Parcel V, height restrictions, noise, parking, parking lot landscaping, perimeter landscaping, taxes and traffic. In terms of fiscal analysis, Ms. Clark relayed a comparison of the costs versus revenues associated with annexing Enchanted Park was prepared. This analysis covered the time period 1998 though 2003. The comparison shows that for the first six years, revenues will exceed expenditures and in the year 2003, expenditures will exceed revenues by approximately $1200. These figures are subject to change if the park expands its operation with new construction, or if property taxes or sales taxes increase or if surface water management fees increase based on new impervious surfaces Before concluding, two questions which arose at the November 13 Public Hearing were responded to. In response to the question as to whether there were eagles on parcel Q -- no evidence of eagle nests were found; and as to the concern about parking on So. 369th Street -- King County engineers have been working with the residents on restricting parking on the south side of So. 369th Street. In conclusion, Ms. Clark noted all decisional criteria based on City Code requirements have been met and made the following recommendations: 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; 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 and make a motion to move the ordinance approving the annexation to second reading. b. Citizen Comment Tom Miller passed. CITY COUNCIL REGULAR MEETING MINUTES - 2/17/98 - PAGE 6 Eric Davies, a Brittany Lane resident, spoke of concern with the 35' height allowance. He also spoke of the buffer type required and suggested the use of Douglas Fir trees as they are quick growing. And finally, he would hope the off-duty officers' presence would continue. Debra Coates urged Council support this item. Elaine Mansoor, Chairman of the Board for the Chamber of Commerce, supports the FAA's test of an alternative flight pattern for commercial aircraft departing south from SeaTac airport. She stated the Chamber endorsed the annexation in question. Mark Clirehugh spoke in support of the annexation of Enchanted Park. He said Jeff & LeeAnn Stock are citizens of good character and their business would be a fine addition to the City. Jeff Stock stated this agreement has been 5 years in the planning. He stated the home owners co- authored the document and there is a majority which are accepting of the Park and want it to do well. He looks forward to an amicable relationship. He addressed the height requirements, non-loss of . parking stalls and stated safety is # 1 to their customers at the park. Jerry Hellis, Attorney for Mr. Stock, had nothing to offer. c. Council Deliberation Councilmember Watkins sought procedural clarification. Councilmember Kochmar asked questions with regard to Parcels Q & V. She then asked questions relative to proposed zoning. She has a problem with Parcel Q and the impact it would have on the neighborhood and the road. Although she believes the annexation would be a plus to the City, her concern is how the cost would impact the City in the future. Councilmember Park asked if, in reality, Parcel Q would be a good place to build a hotel. Ms. Clark stated it probably wouldn't be a good place, but would not make such a determination with reviewing any proposed plans. Councilmember Watkins asked about Parcel V. He said current zoning in King County is residential. He asked if it was multi-family or single family. Mr. Clark stated it is R-4 and allows single family, town houses and multi-family. He then sought clarification on the parking situation within the concomitant. Councilmember Kochmar stated the comprehensive plan was drawn in accordance with the Growth Management Act. A rezone of the parcels would not be in accordance with the plan and would be inconsistent. She doesn't believe government should be inflexible, but if the plan is in place, you CITY COUNCIL REGULAR MEETING MINUTES - 2/17/98 - PAGE 7 cause more problems by violating that trust which you developed when you put the plan together. After reviewing the items at hand, she wonders if others share her concerns. Further, she stated the traffic question was not adequately addressed. She said the basic issue here is trust with the community. She is in support of referring this item to the Land UselTransportation Committee for full review. Mr. Moore made a point of clarification to Councilmember Kochmar's statement. He said the plan is, indeed, consistent with the comprehensive plan for that area adopted by Council. In response to another question from Councilmember Kochmar, he noted the concomitant agreement goes "with the property" even if it is sold. Councilmember Dovey objects to referring this item back to committee. Time and effort have been put into the project. He said we have enough information to make a decision. He is in support of the annexation. Councilmember Watkins quoted from Comprehensive Plan Policy LUP 27 & Policy LUP 48 as well as the narrative for Community Business. He asked that considering what they are really approving in the near-term, (an amusement park); and in the long term, (a 160,000 sq. ft. shopping center and hotel), how staff squares that with the policies quoted. Mr. Moore stated that if the area were vacant, the question on use would arise; however, it is developed, and thus consistent with the policy. Mr. Moore also relayed some retail would be appropriate. Jeff Stock responded the trust of the community should not be in question. He negotiated in good faith, a purchase agreement for a piece of property near the park and worked with the neighbors. As a citizen he feels the staff worked extremely hard on this project. Mr. Hellis stated King County zoning and Federal Way zoning are being confused. He said Federal Way has already comprehensively planned the piece of property in question. Confusion occurs when referring back to King County zoning. Councilmember Park is in favor of the annexation and stated it has been a collaborative effort by all involved. With that he MOVED APPROVAL TO ACCEPT THE RESOLUTION AS PRESENTED; second by Councilmember Burbidge. Discussion took place regarding wetlands, artificially created wetlands, height requirements, parking stalls and tax issues. Councilmember Burbidge stated they've had enough time for review and is in favor as this will enhance the City and provide us with substantial benefit. .' CITY COUNCa REGULAR MEETING MINUTES - 2/17/98 - PAGE 8 Mayor Gintz closed the public hearing at 8:40 p.m. d. The motion carried as follows: Gates Park Watkins Kochmar Resolution/Accepting 60% Annexation Petition APPROVED RESOLUTION #98-267 excused absence yes yes yes Dovey Gintz Burbidge yes yes yes VII. INTRODUCTION ORDINANCES a. Council Bill #190/ Adopting Development Regulations & Concomitant Development Agreement AN ORDINANCE OF THE CITY OF FEDERAL WAY, W ASIDNGTON, ADOPTING ZONING DEVELOPMENT REGULA nONS APPLICABLE TO PROPERTY ZONES OP-4 AND LOCATED BETWEEN SR 161 (ENCHANTED PARKWAY), INTERSTATE 5, MILTON ROAD SOUTH, SOUTH 369m STREET, AND 19m WAY SOUTH; AND APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONCOMITANT DEVELOPMENT AGREEMENT. Council Bill #190 was read into the record by Deputy City Clerk Bob Baker. Councilmember Dovey MOVED TO FORWARD COUNCIL BILL #190 TO SECOND READINGÆNACTMENT ON MARCH 3, 1998; second by Deputy Mayor Park. Councilmember Kochmar MOVED TO AMEND THE MAIN MOTION BY REFERRING THE ITEM TO COMMITTEE PRIOR TO SECOND READING OF COUNCIL BILL #190; second by Councilmember Watkins. Debate on the amendment ensued. Councilmember Dovey strongly opposed the amendment. The motion to amend failed as follows: Gates Park Watkins Kochmar excused absence no yes yes Dovey Gintz Burbidge no no no CITY COUNCIL REGULAR MEETING MINUTES - 2/17/98 - PAGE 9 The main motion carried as follows: Gates Park Watkins Kochmar excused absence yes no no Dovey Gintz Burbidge yes yes yes b. Council Bill #191Ænchanted Park Annexation AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, ANNEXING APPROXIMATELY 65 ACRES LOCATED BETWEEN SR 161 (ENCHANTED P ARKW A Y), INTERSTATE 5, MIL TON ROAD SOUTH, souœ 369111 STREET, AND 19111 WAY SOUTH. Council Bill # 191 was read into the record by Deputy City Clerk Bob Baker. Councilmember Dovey MOVED TO FORWARD COUNCIL BILL #191 TO SECOND READINGÆNACTMENT ON MARCH 3, 1998; second by Deputy Mayor Park. The motion carried as follows: Gates Park Watkins Kochmar excused absence yes no no Dovey Gintz Burbidge VIII. CITY COUNCIL BUSINESS a. Council Committee Appointments yes yes yes Committee appointments were announced by Mayor Gintz. See attachment for listing. Councilmember Watkins MOVED APPROVAL OF THE COUNCIL COMMITTEE APPOINTMENTS AS PRESENTED; second by Councilmember Dovey. The motion carried as follows: Gates Park Watkins Kochmar excused absence yes yes yes Dovey Gintz Burbidge yes yes yes CITY COUNCIL REGULAR MEETING MINUTES - 2/17/98 - PAGE 10 b. Economic Development Update After a briefpresentation from Debra Coates, including the review ofa draft organizational chart, this item was referred to the Finance Committee, without a vote, for consideration at their March 3 meeting. Councilmember Kochmar asked Ms. Coates for a spreadsheet including timelines for completion of specific goals and/or duties. Thereafter, a recommendation to full council. IX. CITY MANAGER REPORT Mr. Nyberg reported the concerns of George Lee (2/3/98 Council Meeting) have been addressed and remedies will take place within 24 months. Mr. Nyberg has requested Chief Wood make a short report following the first full year of operationsat the conclusion of this report. City Manager Nyberg requested an executive session under RCW 42.30.II0(I)(i), Potential Litigation and stated action may occur. Chief Wood reported the department handled 57,600 calls for service last year; made almost 700 presentations to various groups in the community and the overall index rate is down 11 % for the year. He is happy four crimes out of the 8-Crime (violent crime category) index are down 27.8%. A summary of response times shows our officers respond in a better than average manner. A presence of an active, visible patrol force have provided for over 70,000 public contacts over the last year. This increases public awareness and contributes to a reduced crime rate. Each Councilmember took time to say thank you to Chief Wood on behalf of his officers, the department staff and the work done on a daily basis. Councilmember Watkins thanked Ed Swan for the efforts he's made in the neighborhoods as well. x. CITY COUNCIL REPORTS Councilmember Dovey noted a Parks, Recreation, Public Safety & Human Services Committee scheduled for February 23, at 12:00 p.m. Councilmember Watkins noted a March 2, 5: 3 0 p. m., Land U selTransportation Committee meeting, wherein they'll discuss the sensitive areas code amendments. Councilmember Burbidge attended a Suburban Cities meeting last week and heard a presentation on the Endangered Species Act. She's also attended her first Regional Water Quality meeting. CITY COUNCIL REGULAR MEETING MINUTES - 2/17/98 - PAGE 11 Councilmember Kochmar attended a Parks Commission meeting wherein they discussed an off-leash dog park. She has asked King County Councilmember Peter von Reichbauer if King County could provide a park for this type of thing. Deputy Mayor Park reported his attendance at a Private Industry CounciVSuburban Cities Joint Executive Board meeting last week. At 9:28 p.m., Mayor Gintz recessed the regular meeting for Council to go into executive session. XI. EXECUTIVE SESSION (Added Item) LitigationlPursuant to RCW 42.30.1100)(i) At 9:48 p.m., Deputy City Manager Keightley announced another: 10 minutes were necessary. At 9:55 p.m., Mayor Gintz reconvened the regular meeting. Councilmember Dovey MOVED APPROV AL OF A RESOLUTION IMPOSING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING AND DEVELOPMENT PERMITS, AND BUSINESS LICENSES, FOR ADULT ENTERTAINMENT AND ADULT RETAIL USES; second by Councilmember Burbidge. Councilmember Watkins asked the length of the moratorium, if approved. City Attorney Londi Lindell stated it is a 6-month moratorium; and pursuant to State law there will be a public hearing, before the Council, within 60 days at which time people have an opportunity to comment. The motion carried as follows: Gates Park Watkins Kochmar excused absence yes yes yes Dovey Gintz Burbidge yes yes yes XII. ADJO URNMENT Having no other business to come before the Council, the meeting was adjourned at 9:57 p.m. Robert H. Baker Deputy City Clerk 1m-ITRIT ~ CITY OF FEDERAL WAY 1998 CITY COUNCIL COMMITTEE APPOINTMENTS 0 FINANCE/ECONOMIC DEVELOPMENTIREGIONAL AFFAIRS COMMI'ITEE Chair: Mary Gates 4th Tuesday - 5:15 p.m. Members: Jeanne Burbidge Administration Conference Room Linda Kochmar Staff: Iwen Wang & Marj Currie-Hicks 0 LAND USElrRANSPORTATION COMMITTEE Chair: Phil Watkins 1 ot & 3rd Monday - 5:30 p.m. Members: Jeanne Burbidge Council Chambers Mary Gates Staff: GTeg Moore & Sandy Lyle 0 PARKSIRECREATION/HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Chair: Jack Dovey 2nd & 4th Monday - 12:00 p.m. Members: Jeanne Burbidge Council Chambers Linda Kochmar Staff: Jenny Schroder & Sue Floyd 0 SOUTH KING COUNTY AREA TRANSPORTATION BOARD (SCATBd) Jeanne Burbidge 3rd Tuesday - 9:00 - 11 :00 a.m. Cary Roe (Alternate) WSDOT Maint., Kent Staff: Cary Roe 0 LAKEHA VEN/CITY LIAISON COMMI'ITEE Ron Gintz Quarterly - 3rd Tuesday - 7:30 a.m. Phil Watkins Administration Conference Room Staff: Philip Keightley & Pat Briggs SCHOOL/CITY LIAISON COMMI'ITEE Ron Gintz Quarterly - 2nd Monday - 7:30 a.m. Mike Park Administration Conference Room Staff: Ken Nyberg & Philip Keightley 0 0 AIRPORT CITIES COALITION (ACC) COMMITTEE Phil Watkins 151& 3rd Wednesday - 6:00 p.m. Linda Kochmar (Alternate) Normandy Park City Hall Staff: GTeg Fewins 0 EMS FINANCE PLANNING TASK FORCE Jim Hamilton (2-15-98 to 12-31-98) k:\clerk\cmte98.wpd (Rev. 02-26-98) MEETING DATE: ha~1- 3; I qC¡,j- ITEM#:lL ~) """""""""""""""""""""""""""""""""""""""""""""""...................................................................................................................................................... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: ENCHANTED PARK ANNEXATION - Development Regulations for the Office ... ~.~.~.~..l9..~~.~J..?;9..~.~...~ ..çg.~ ~Q.~!.~.~ ntP..! .~.~.~ Q P..~~~.t ~ 9 ~~ ~.~~~ ~........ ............. ........ ...... ......... ................................. ...... ....... CATEGORY: BUDGET IMPACT: CONSENT X ORDINANCE BUSINESS HEARING FYI _RESOLUTION STAFF REPORT PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ """""""""""""""""""""""""""""""""""""""""""""""""""""......................m................................................................................................................. 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 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 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 ~ ~.~ A~~!? ~ ~p. ~.~~ ~ .~!?~ ~~.~ ~~.. ~.~ . ~. P. ~ ~ ~.~~. ~~~$. . ~.~ . ~~ ..~~~~ ~.~~ . ~!?Y. ~! ~ p. ~~~~. .~8!:~~~~ ~'.. . .. . ...... . . .. .. .. ...... .. ....... .... CITY COUNOL COMMITTEE RECOMMENDATION: Make a motion to move the ordinance establishing the . . . ~.~.~ ~ ~.~P..~!?!?~. E!? ~.~~.~~. .~ '?~. .~.~ . 9..~ ~!? .~ .~~.~. . (Q ~ ~.~. ~.~~!? ). .~~ . ~~~~~~ ~~.~. ~~~ ~ ~gp'.~.~.~~. . ~ S!.~~~~~ . ~~ . ~!?£.~~.~. ~~~~ $.: . . . . . . OTYMANAGERRECOMMENDATION: tLi,I"r- c'\-"- " '" J."'"".,_: ' ," 'rl. '. .......... .............................. ...... ............................ ...... """""""""""""'> +...... .........,.... .......... ~.... ................. "'~'Jf.;;;)" ,}['";¡J:~;"""""""""""" ............... APPROVED FOR INCLUSION IN COUNOL PACKET: l¡JtI ,.', (BELOW TO BE COMPLETED BY CI1Y CLERK'S OFFICE) COUNOL ACTION: APPROVED DENIED T ABLEDIDEFERREDINO ACTION COUNOL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # 17 c~ ;I/O /7f DRAFT ,~ - -l \...¡' _cl Y ORDINANCB NO. AN ORDINANCB 01' HB CITY COUNCIL 01' THB CITY 01' I'EDERAL WAY, WASHINGTON, ADOPTING ZONING DEVELOPMENT REGULATIONS APPLICABLE TO PROPERTY ZONED OP-4 AND LOCATBD BBTWEEN SR 161 (ENCHANTED PARKWAY), INTERSTATE 5, MILTON ROAD SOUTH, SOUTH 369TH STREET, AND 19TH WAY SOUTH; AND APPROVING AND AUTHORIZING THE CITY KANAGER TO EXECUTE A CONCOMITANT DEVELOPMENT AGREBKENT. 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 71.56 acres of property contiguous to the eastern boundary of the city of Federal Way; and WHEREAS, on March 21, 1995, the City Council authorized the preparation of a Petition for Annexation, requiring the preparation of a proposed zoning regulation and requiring the assumption of a pro rata proportion of existing City indebtedness by the area to be annexed; and WHEREAS, on November 21, 1995, the City Council adopted Ordinance No. 95-248, which adopted the city's GMA Comprehensive Plan and designated the property owned by Enchanted Parks, Inc. as commercial/Recreation; and ORD # , 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 (UFWCC"»; 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 concomi tant development agreement (UCDA") 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 (UDNS" ) 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. submitted its Petition for Annexation of the property legally described in Exhibit A hereto. As certified by the Federal Way city Clerk, the Petition contained the signatures of the owners of at least sixty (60%) of the assessed valuation of the property proposed for annexation; WHEREAS, on February 17, 1998, more than thirty days after the November 13, 1997 public hearing as required by RCW 35A.14.340 and FWCC 19-104(h}, the city Council held a second public hearing, after public notice as required by law, on the adoption of zoning regulations for the subject property; and WHEREAS, on February 17, 1998, the City Council also held a public hearing, after public notice required by law, on the proposed CDA between the City and Enchanted Parks, Inc., and on the proposed annexation of the subject property; and WHEREAS, on February 17, 1998, the City Council adopted Resolution No. 98-267, 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. Findinqs. 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 "acknowledges the unique recreational opportunity associated with the Enchanted Park property. Annexation of the park will provide the city with an unique recreational asset. The Park is located in the city's potential annexation area in a location where urban services are adequately provided..." E. Entering into the CDA to allow for the annexation of Enchanted Park will provide benefits to the City of Federal Way by securing property along the critical transportation corridor of 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 Development Agreement. The City Council hereby authorizes the City Manager to enter into the Concomitant Development Agreement attached as Exhibit B hereto, and to take all further and necessary action required by the CDA. Section 5. Filing. The City Manager and/or his designee " is directed to file forthwith a copy of this Ordinance, duly certified as a true and correct copy, with the King County Auditor, pursuant to RCW 35A.14.340. Section 6. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is ORD # , 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, LONDI 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. Irt ( A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM 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. 5-0 / 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 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 ~ 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", EXP1~ 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\lcgal\ l630304.doc /0/ /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) 838-71 04 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' ~ ; 0 <400 800 0 V)~ Q:".1: C/J!{' :: ~ CD h ESM inc. . eM. (lO(o.c.l.IIIO \U!I!"f. 0() 0t0(t! """",1(11 aJ&IlIC roo 720 So. J46th Street FEDERAL WAY. WASHINGTON 9600J PHONE (253) 636-6113 PARCEL OWNERSHIP CD ENC~T:m. PARKS INC. <3) ENCHANTED PARKS INC. 0 ENCHANTED PARKS, INC. eD ENCHANTED PARKS INC. @ KING COUNTY 0 W.S.D.O.T. CD ~ "7<,,- 1)~~ 0 '5-Q. 1::> y "b"% 'to :.>. c;...c.J'l"..o "5-' o~ ---v. ~1"-.'a ,../-:;::.~ o:.<ò>:£. .../~ ~ POINT OF BEGINNING Q) r- JOB NO. 153-03-950':'006 DRAWING NAME: 16J\OJ\EXH-ANNP DATE: 02-06-98 DRAWN. CAFjRJ.B. SHEET 1 OF 1 EXHIBIT B (please refer to attachment 1 of the staff report) EXHIBIT 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 17, 1998 7 :00 P. M. CITY COUNCIL CHAMBERS FEDERAL WAY CITY HALL - 33530 FIRST WAY SOUTH (253-661-4111 ) Report Prepared by: Margaret H. Clark, AICP, Senior Planner Section TABLE OF CONTENTS Page Attachments I. II. III. IV. v. VI. VII. VIII. IX. X. XI. XII. XIII. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 Introduction ........................................,...................1 ReasonforAction .......................................................1 HistoryandBackground ..................................................1 Generallnformation......................................................3 General Description ..................................................,...4 Environmental Determination ..............................................5 Existing Zoning and Comprehensive Plan Designations. . . . . . . . . . . . . . . . . . . . . . . . . . 5 Proposed Concomitant Development Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Proposed Development Regulations for the OP-4 Zone. . . . . . . . . . . . . . . . . . . . . . . . . II Costs and Revenues to the City Associated with Annexing Enchanted Park. . . . . . . . . 14 Decisional Criteria ........................................,.............19 Findings ................................................,.............11 Staff Recommendation.................................... ...............25 Enchanted Park Annexation Staff Report Page i ATTACHMENT 1 A TT ACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 ATTACHMENT 5 A TT ACHMENT 6 ATTACHMENT 7 i\ TTACH\IE\:T 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-I 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 19-104 - Pre- annexation concomitant agreement provides strong language about the intent of a pre- annexation development agreement, thereafter in this staff report to be referred to as concomitant development agreement. FWCC Section 19-104 states that the intent of a concomitant development agreement is to create a process to promote diversity and creativity in site design and to protect and enhance natural and community features. The concomitant development agreement and the accompanying Office Park 4 (OP-4) development regulations prepared for Enchanted Park responds to and meets the intent of this section by providing for the continued use and expansion of a unique regional business while improving the drainage situation; protecting environmental features; providing for adequate level of review relative to the proposed use and location of such use; addressing any potential impacts associated with the operation of the park, such as noise, glare, and lighting; and providing adequate, and in some instances improved, perimeter buffering than what presently exists today. In addition. a new parking lot is proposed to provide for future parking needs. Furthermore, during the March 1995 public meeting on the ten percent petition requesting annexation to the City of Federal Way, the City Council gave direction that a concomitant development agreement should be utilized for the annexation. Based on the history and actions proposed in the concomitant development agreement, staff recommends approval of the concomitant development agreement and OP-4 development regulations for Enchanted Park. II. REASON FOR ACTION Both Washington State law and the City of Federal Way Annexation Ordinance require the city to hold public hearings on proposed annexations and annexation zoning regulations. When a concomitant development zoning agreement is used in an annexation, as is the case with the Enchanted Park Annexation, pursuant to FWCC Section 19-104, Pre-annexation concomitant agreement, and state law combined, there is a requirement for one public hearing to be held by the City Council on the concomitant development agreement and annexation and two public hearings to be held at least thirty days apart on the proposed zoning development regulations. The tirst of the two required public hearings on the proposed development zoning regulations was held on November 13. 1997. During that hearing, certain questions were brought up by the City Council, Planning Commission, and members of the public. Enchanted Park Annexation Staff Report Page 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) hy resolution and direct staff to submit a Notice of Intent 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) (Attacllment 2) and approving the concomitant development agreement (Attachment 1) to second reading, followed by a motion to move the ordinance approving the annexation to second reading. This staff report addresses both the proposed development regulations (Attachment 2) for the OP-4 zoning classification imposed on the property with the adoption of the City of Federal Way Official Zoning Map effective August I, 1996, and the proposed concomitant development agreement (Attachment 1). It also includes a fiscal component which analyzes the anticipated revenues and expenditures associated with annexing the property (Section X of this Staff Report). .' III. HISTORY AND BACKGROUND In February of 1995, the City of Federal Way received a ten percent petition to annex certain property. The area within the ten percent petition is generally bounded by SR 161 (Enchanted Parkway), Interstate 5, and the existing City of Milton limits (Attachment 6). On March 21, 1995, the City Council held a public meeting at which the council accepted the ten percent annexation petition and authorized circulation of the 60 percent petition. At that meeting, it was decided that a concomitant development agreement would be utilized for the Enchanted Park property. During the comprehensive plan adoption process, all properties covered by the ten percent petition were given permanent comprehensive plan designations and as part of the adoption of the August 1, 1996 City of Federal Way Zoning Map, the properties were pre-zoned. The Enchanted Park property was pre-zoned Office Park 4 (OP-4) and the remainder or 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 OPA zoning classification. A 60 percent petition received on October Enchanted Park Annexation Staff Repol1 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: Rcp,'cscntative: 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 9810 1-2925 (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 ResidentiallR-4 (4 dwelling units per acre) Pre-zoned Office Park 4 (01'-4) on August 1, 1996 Commercia! Outside of Centers, Neighborhood Business Center. and Urban Residential 4-12 dwelling units per acre Enchanted Park Annexation Pagt.' 3 Staff Report 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 horn South 369th Street to the Milton RoadlEnchanted 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 tì'om 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 Quantify - The existing developed area presently drains to Mud Lake .' Enchanted Park Annexation Staff Report Page 4 fì'om where the discharge is pumped southerly downstream across the undeveloped 11.47 acre site proposed for the parking lot expansion. The runoff drains into an existing wetland south of South 369th Street and then into the detention pond for Regency Woods. Runoff associated with the development oj' 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-I of Attachment I). ii) Water Quality - Mud Lake presently acts as a wet pond for the approximate 47 acres which drain to it. Oil/water separators are in use on all existing outfall pipes to Mud Lake. In addition, appropriate water quality source control measures will be installed through out the existing site as part of the development of Phase I parking. Since Phase I parking will drain to Mud Lake. no further improvements for water quality are proposed for development of the Phase I parking. As part of the review and approval of any additional phases of parking, appropriate water quality facilities in accordance with state and local standards will apply. VI. ENVIRONMENTAL DETERMINATION Annexation is an exempt action under the State Environmental Policy Act (SEP A) (RCW 43.21 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 ofNonsignitìcance (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 I, 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 B. 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 ('ollnty Code Section 2 J A. 04. J J 0 states that the purpose of the RB zone is to provide for the broadest mix of comparison retail, wholesale, service, and recreation/cultural uses with compatible storage and fabrication uses, serving regional market areas, and offering significant employment opportunities. In generaL under the King County code, permitted uses include grocery stores. general and speciality retail, residential as part of a mixed use development. hotels and motels, theaters, amusement and recreation areas, amusement parks. conference centers, and general and professional office use. ii) Neighborhood Business Zone - The 8.92 acre eastern portion located in the northwest quadrant of SR 161 and South 366th Street, is designated Neighborhood Business and is part of the Regency Woods Planned Unit Development (PUD). The parcel includes a wetland which may limit the potential size of any retail uses. Based on King County Zoning Code Section 2 J A. 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/ 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. 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 'v"cre not prepared for the OP-4 zone. Enchanted Park Annexation Staff Repol1 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/i)!' its \valer park. Annexation of the park will provide the city with an unique recreational asse/. The Park is located in the City's potential annexation area in a location where urhan 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 llexibility 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 \vithin the city. The provisions of the Enchanted Park concomitant development agreement have been worked out between the applicant and staff, subject to city council approval. It is intended to address the unique nature of the site by providing development regulations which would allow continued use and expansion of existing and similar uses while at the same time preserving the environmental features of the site. The proposed OP-4 development regulations are intended to govern development of all property zoned OP-4, whereas the concomitant development agreement applies only to that property under Enchanted Park and ownership. It does not cover Milton Road, or the approximately 0.64 acres between I- S and Milton Road owned by WSDOT. For that property under Enchanted Park ownership, the concomitant development agreement and the proposed development regulations for the OP-4 zone are intended to be used together. The OP-4 development regulations are described in Section IX of this staff report. The following describes the major points of the proposed concomitant development agreement for Enchanted Park: A. Em'ironmentally 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 J J). The artiticially-created wetland located on Parcel V is also exempted from regulation as an environmentally sensitive area. The reason for this exemption is because the wetland was created artificially as a result of pumping of excess water from Mud Lake during the winter months over approximately the last ten years. In addition. the artificially created wetland is less than 4,800 square feet in size and would be classified as a Class III wetland type, the lowest functional classification by King County. Any environmental functions that it may be presently fulfilling would be provided by a proposed detention pond to be constructed in approximately the same location. All other environmentally sensitive areas that may be included within the annexation area will be regulated pursuant to FWCC Article XIV Environmentally Sensitive Areas, as may hereafter be amended. B. Height - Height restrictions for any new development are set for property covered under the concomitant development agreement. The maximum allowable height for the WSDOT parcel is set out in the development regulations as 35 feet. As proposed, the Enchanted Park property is divided into three areas, Area 1,2, and 3 (Exhibit E ofAtt([chment J). 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 1. It also extends 300 feet from the property line adjacent to Enchanted Parkway, however, it would include all of Parcel Q. The base height ofregional 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 oCthe 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 OPA 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~ Nonconfòrmance, 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 Exhihit J of Attachment 1, hours of operation are restricted from 9:30 a.m. to 10:00 p.m.. seven days per week, and for property north of that dividing line from 9:30 a.m. to 1 :00 a.m., seven days per week. In addition, not exceeding 15 times per year, the park would be allowed to be open all night for special events such as graduation parties. However, no outdoor music audible to surrounding residential property would be allowed after 10:00 p.m., and furthermore, Enchanted Park would be required to comply with all city ordinances related to noise. glare, and lighting. Last, if required by the Director of Community Development Services, Enchanted Park must make modifications to address noise and lighting impacts on adjacent residential use. F. Baseline Parking - Enchanted Park would retain a minimum of 1,755 parking stalls. which exist on the site today. If any stalls are removed due to relocation of rides. the Enchanted Park Annexation Staff Report Page 9 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]] to serve any new non- regional commercial recreational uses. .' G. Signs - Except for the 75 foot tall sign located adjacent to 1-5 and Milton Road. all signs are either in compliance or will be brought into compliance by the year 2000 as required by the sign code. The proposed OP-4 development regulations include a provision which would allow one regional high profile freestanding sign up to 75 feet in height and 1 ,300 square feet in area. Such a sign must be located near a regional transportation system such as 1-5, and be located at least 300 feet from any area zoned residential along SR 161. South 369th Street, and 19th Way South, H. Drainage - As part of the concomitant development agreement, a drainage study was prepared which addresses future improvements to the Enchanted Park drainage, Please refer to the description under Section V.C of this staff report. Implementation of the recommendations in the drainage study, including construction of the oversized detention pond, will provide for water quality and accommodate runoff from the site, while improving the functioning of the downstream wetland located within Regency Woods. I. .\'e\l' 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 tì'om 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 till 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. 1. 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 HI 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 Staff Report Page 10 Enchanted Park Annexation to be installed along South 369th Street as part of the Phase I parking is a 28 foot wide Type I buffer on top of a ten foot high berm. The landscaping proposed to be installed with the Phase II parking is a 20 foot Type I buffer along the remainder of South 369th and 19th Way South. As discussed during Subsection VI.H, perimeter landscaping will be installed at the time that the site is cleared. The interior lot landscaping willl11eet Federal Way code requirements. K. Perimeter Landscaping - Other perimeter landscaping will be ten foot wide Type I I I landscaping which conforms to the Federal Way requirements installed in threc phases as shown on Exhibit G of Attachment 1. L. Tax Matters - The concomitant development agreement proposes language which. to the extent authorized by law, would prohibit Federal Way from imposing an admissions tax on Enchanted Park for 12 months following notice to Enchanted Park of the proposed tax. This language is being proposed because Enchanted Park has its tickets prepared well in advance of the season, and Enchanted Park would like the opportunity to change ticket prices in response to admissions tax. M. Amendment - Minor amendments to the concomitant development agreement would be approved by the Director of Community Development Services and major amendments would have to be approved by the City Council subject to Process VI (Legislative) approval. IX. PROPOSED DEVELOPMENT REGULATIONS FOR THE OP-4 ZONE A. Description of Proposed Regulations The proposed development regulations for the OP-4 zone are included both as Attachment 2 and Exhibit C of Attachment 1. The proposed development regulations set up development standards upon which new development within the OP-4 zone would be based. The following describes the major points of the proposed OP-4 zone. i) It uses the existing Office Park (OP) zone as a basis for permitted uses and development standards and proposes to add the following permitted uses: a) Regional Commercial Facility. As defined within the proposed OP-4 development regulations, this means a use operated for profit, with private facilities, equipment and/or services, both indoor and outdoor for entertainment and recreational purposes which includes the following uses: 1. Large and small scale amusement rides. 2. Roller coasters. Enchanted Park Annexation Staff Report Page I ¡ i i) .., j. Aquatic park facilities. Swimming pools. Accessory video and movie facilities. Petting zoos. Other similar uses. 4. 5. 6. 7. 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- ì 53, 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. 1) Caretaker Residence. g) Accessory Uses such as: I. Warehousing and distributing, secondary to permitted primary uses provided such use does not exceed twenty-five percent (25%) of the permitted use. 2. Outdoor Storage. 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 parki ng lot sales. 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 PattI: I 2 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 tì'om 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 Enchanted Park Annexation Staff Report Page 13 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 Neighhorhood Business (NB) by King County is proposed to allow a larger variety of commercial uses with the OP-4 zoning than presently allowed under King County. The location of the wetland on this parcel (Exhibit J of Attachment 1) will provide a buffer between future development activities and the residential area to the east. In addition, any development proposed for this parcel would be required to 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 property. x. COSTS AND REVENUES TO THE CITY ASSOCIATED WITH ANNEXING ENCHANTED PARK A. Introduction The following variables shown in Tables 1 and 2 are criteria used to measure the financial impact of annexing the Enchanted Park area to the City of Federal Way. The period evaluated is between the years 1998 and 2003. Table 3 shows the anticipated operating revenues and Table 4 shows the anticipated operating expenditures. As demonstrated in these tables and in Section VIII.B, Summar)', there will be net operating revenues resulting from the annexation of Enchanted Park unti I 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 $3,681,900 Housing Units 27,527 ] Cable Users 19,880 0 Center Line Miles 223.21 0.5 Traffic Signals 48 o No. Park Acres Needed based on 10.9 acres! 1 000 population LOS N/A o TABLE 2 1997 City Levy Rate/$I ,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) Safes 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 shO\vn in Table 3. Enchanted Park Annexation Staff Report Page I 5 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 surtàce. As additional impervious area is developed, these fees would be subject to change. These fees are shown in Table 3. v) S/(J[e 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 Proj ected Projections d Property $5,960 $6,181 $6,409 $6,646 $6,892 $7,147 1.037 Tax (0.156% of assessed valuation) Sales Tax $44,500 $45,835 $47,211 $48,627 $50,086 $51,588 1.030 (lU!5°;, of taxable amount) Utility Taxes Gas $81,611 $4,203 $4,329 $4,459 $4,953 $4,730 $4,872 1.030 Electric $134,680 $6,936 $7,144 $7,358 $7,579 $7,807 $8,041 1.030 Garbage $21,825 $1,124 $1,158 $1,192 $1,228 $1,265 $1,303 1.030 Telephone $47,080 $2,425 $2,497 $2,572 $2,649 $2,729 $2,811 1.030 Cellular $12,596 $649 $668 $688 $709 $730 $752 1.030 SWM $33,087 $33,087 $33,087 $33,087 $33.087 $33,087 Fees** Total $98,884 $100,900 $102,997 $105,119 $107.326 $109.602 Revenues ** 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 OPERATING EXPENDITURES ASSOCIATED WITH ANNEXING ENCHANTED PARK 1998 1999 2000 2001 2002 2003 Growth projecled Projected Projected Projected Projected Projected Rate Municipal Court $59 $61 $63 $65 $67 $69 10]0 Services Civil Legal Services $26 $27 $27 $28 $29 $30 1.030 Community $130 $134 $138 $142 $147 $151 I.O]() De\clopl1lcnt 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 $8] ,250 $84,550 $87,880 $91,395 $95.051 $98,853 1.040 FTE)*** Administrative $799 $823 $848 $873 $900 $927 1030 Services Street/Traffic Systems $4,944 $5,092 $5,245 $5,402 $5,565 $5,73] 1.030 Surface Water $2,78] $2,864 $2,950 $3,039 $3,130 $3,224 1.030 Management Total Expenditures $91,151 $95, II] $98,809 $102.652 $106,645 $110,795 *** Based on 3 FTE for 5 months, annualized to 1.25 FTE. Assumes $55,000 salary/benetïts plus $10,000 other M & 0 costs per FTE 1. Operating Expenditures Anticipated as a Result of Annexing Enchanted Park i) Municipal Court Services, Civil Legal Service, Community Development, & Administrative Services - Operating expenses associated with these services are based on population and a set formula used by the City of Federal Way Management Services. As shown in Table 4, these expenditures are relatively mInor. ii) Parks and Recreation - The City of Federal Way's adopted Parks, Recreation. and Open Space Plan has developed a standard of 10.9 acres of parks and open space per 1,000 population. The proposed annexation will increase the city's population by four, therefore, this annexation will not pose immediate park operation costs for maintenance and/or acquisition to maintain the city's level of service for parks. recreation. and open space. Enchanted Park Annexation Staff Report Page 17 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 ÍÌ"om family-oriented. Presently, Enchanted Park utilizes off-duty King County deputies to work at the park, and this situation is expected to continue. The Public Safety Department did have a concern about response time to the park due to the limited access via the Enchanted Parkway bridge to the park. v) Street/Traffic Systems - The only right of way included within the Enchanted Park annexation is 0.5 miles of Milton Road extending from the Milton Road/ Enchanted Parkway intersection to South 369th Street. Milton Road is a two- lane street with narrow unpaved shoulders and open ditch storm drainage. Milton Road is presently used by trucks from Lloyd's Sand and Gravel Pit to get from the gravel pit to 1-5. Milton Road was overlaid by King County in 1992. The Pavement Management System scores Milton Road between 70 and 90 out of 100. Based on these scores, the road is anticipated to last another six to eight years based on existing traffic loads. The only operating costs related to street and traffic associated with the annexed portion of Milton Road would be for road sweeping, shoulder restoration, mowing, patching, street channelization, and signage. These costs are shown in Table 4. vi) Surface Wafer Management - The only anticipated costs associated with annexing the Enchanted Park site is associated with maintenance of the open storm water ditches on either side of Milton Road. Associated maintenance include mowing, grading, debris removal, and pesticide application. These costs are shown in Table 4. Enchanted Park Annexation Staff Report Page 18 ß. 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. Concomilonf Development Agreement Pursuant to FWCC Section 19-104(d), the applicant has met with a committee of city representatives to discuss both the concomitant development agreement and the proposed development regulations for the OP-4 zone. The result of these meetings is the recommendation being brought forward by the Director of Community Development Services to the City Council. In addition, pursuant to FWCC Sect ion 19-104(g), the recommendation of the Director of Community Development Services to the City Council is guided by the following criteria: iht) The proposed pre-annexation concomitant agreement shall have a beneficial effect upon the community and users of the development which would not normally be achieved by traditional application of city zoning districts and shall not be detrimental to existing or potential surrounding land uses as defined by the Comprehensive Plan. Enchanted Park is a unique use which has a regional customer base. The existing FWCC development regulations did not anticipate such a use. The concomitant development agreement has been drafted to allow the continuance of the existing use with opportunity for growth and expansion while taking into account surrounding land uses and zoning. Furthermore. the November 21, 1995 City of Federal Way Comprehensive Plan designated the Enchanted Park annexation area as Commercial/Recreation. As stated on page II-16 of said plan. "The Commercial Recreation designation acknowledges rhe unique recrc(/rirl/1a/ opportunity associated with the Enchanted Park property. Enchanted Park is (/17 indoor/outdoor amusement facility most notedfor its water park. Annexoriol1 of the park will provide the city with an unique recreational asset. The pork is located in the City's potential annexation area in a location where urhctn services are adequately provided..... " h) Benefits m~ty include, hut are not limited to, the securing of annexation of properties: Enchanted Park Annexation Staff Report 1\1),l\.' I C) . Located on critical transportation corridors; Of historical significance; Of environmental significance; Or to preserve an existing significant land use or community. .' . . . The benefit of annexing Enchanted Park is to allow for the continued use of an existing significant land use which has existed for over 15 years adjacent to city boundaries. By annexing the area, the city will be able to work with the property owner in ensuring that the operation and continued existence of the park conforms to city regulations and complements surrounding land uses. ii) Unusual environmental features of the site shall be preserved, maintained, and incorporated into the design to benefit the development in the community. The concomitant development agreement and the development regulations include language for both the protection and continued use of Mud Lake as an important park amenity. Artificially-created wetlands are exempted, however. all other environmentally sensitive areas must conform to FWCC Article XIV, Environmentally Sensitive Areas. 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 II-16 of said plan, "The Commercial Recreation designalion acknmlledges the unique recreational opportunity associated 1vith the Enchanted Park property. Enchanted Park is an indoor!ouldoor 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 potentia! annexation area in a location where urban services are adequalely .d d " provl e..... Enchantç:d 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 RegulationsjÒr the Offìce 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 thc 60 percent petition was given a designation of Commercial/Recreation. As stated on page II-16 of said plan, "The Commercial Recreation designation acknowledges the unique recreational opportunity associated with the Enchanted Park property. Enchanted Park is an indoor/outdoor amusement jàcility most notedfor its water park. Annexation of the park H.,ill provide the city with an unique recreational asset. The park is located in the City 's Imtel1tia! 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 allo'v\' 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 revic\v 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::; I 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 ., -'. 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 -I (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 19-1 03(h)(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 lIse. 7. The concomitant development agreement has been drafted to allow the continuance of the existing use with opportunity for growth and expansion while taking into account surrounding land uses and zoning. 8. The City of Federal Way Comprehensive Plan, at page II-16, states that Enchanted Park's Commercial Recreation designation, "... acknowledges the unique recreational opportunity associated with the Enchanted Park property. AnneX(/lion o[the park will provide the city with an unique recreational asset. The park is located in the City's potential annexation area in (/ loc(/tion \I'h('r(' IIrhcl/1 .Ien'ial .' Staff Report Page 22 Enchanted Park Annexation ore odeqZ/(/lelyprovided... " 9. Entering into the concomitant development agreement to allow for the annexation or Enchanted Park will provide benefits to the City of Federal Way by securing property along the critical transportation corridor of 1-5 and SR 161 (Enchanted Parkway). ] O. Entering into the concomitant development agreement to allow for the annexation nr Enchanted Park will provide benefits to the City of Federal Way by allo\ving continuation of an existing significant land use which has existed for over ten years adjacent to city boundaries. I I. 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 fì'om any potential adverse impacts. ] 2. The concomitant development agreement and the development regulations include language for both the protection and continued use of Mud Lake as an important park amenity, and for protection of wetlands and sensitive areas on Parcel Q. 13. The concomitant development agreement provides for areas of openness because it provides that the south 11.47 acres will be developed into a parking lot. The design of this parking lot has provided ample buffers and landscaping, and will incorporate an existing low spot into a detention pond with perimeter vegetation. 14. The concomitant development agreement and development regulations are consistent with the Comprehensive Plan. The plan designates the property Commercial! Recreational, and the concomitant development agreement and OP-4 development regulations allow for the continuation of the Enchanted Park regional commercial recreation use. 15. The concomitant development agreement and development regulations promote diversity and creativity in site design; protect and enhance natural and community features; and encourage unique developments that combine a mixture of uses because they: I) set forth parameters for continuation of the unique Enchanted Park regional commercial recreational use; 2) provide for future commercial. retail. and office use of the property: and 3) protect natural features such the wetlands on Parcel Q. 16. Entering into the concomitant development agreement and adopting development regulations for property zoned OP-4, bears a substantial relation to the public health. Enchanted Park Annexation Staff Report Pag\..' '::3 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 fì'om association with the location of Enchanted Parle Enchanted Park Annexation Staff Report Page 24 XIII. STAFF RECOMMENDATION After consideration of the statI report and recommendation, and at the conclusion of the public hearing, if the City Council finds that all criteria outlined in FWCC Section /9- JO3(b)(5) and Section J9-JO4 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. ì !\'lake 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. ., .). Make a motion to move the ordinance approving the annexation to second reading. Pursuant to the requirements of FWCC Section J 9-/ 04(g)(2), staff recommends that the City Council accept the 60 percent petition and direct staff to tile a Notice of Intent 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: ar,~.o.-J ~ Approved by Gregory D. Moore, AICP '# () Director of Community Development Services: _é' .flt!Ì'1j J ~ ,. . 0 (J Date: February 11, 1998 711 Tirzi ,D,CHTI'DW,ST,\FFRPT CCJlFebrllary 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 I:\ENCHTEDW\CONCOMAG.CC/February II. 1998 TABLE OF CONTENTS 1. Definitions .......................................................3 2. Petition for Annexation .............................................3 3. Establishment of Planning and Zoning .................................4 3.1. Comprehensive Plan ...............................................4 3.2. Zoning '................................................,........4 3.2.1. Permitted Uses ....................................................4 3.2.2. DevelopmentRegulations ...........................................4 3.3. EnvironmentallySensitiveAreas......................................4 3.3.1. MudLake........................................................4 3.3.2. ParkingLotExpansionArea .........................................5 3.3.3. ParcelQ ................................................,........5 3.4. HeightRestrictions.................................................5 3.5. RetaiISales.......................................................6 3.6. StreetVacation....................................................6 4. Conformity of Existing Uses and Development Within the Developed Area. . . . 6 4.1. I-lours 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. . . . . . . . . . . . . . . . . . . . . . R 4.2.5. PerimeterLandscaping.............................................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. Trame .................................................,.......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. . . . . . . . . ] 3 R.2. AmusementRides ................................................13 R.3. ParkingLotExpansion.............................................13 l). ComplianeewithOtherCodes .......................................14 ]0. TaxMatters .....................................................]4 ]1. ObligationtoAnnex...............................................14 11.1. Failure of Condition..................................... ..........14 11.2. Withdrawal......................................................]5 12. Genera!Provisions................................................15 Concomitant Development Agreement "~X()hill'ì(,I-~ I!\;(ìl)' DOC 1IJ()/9R page i ofii 12.l. 12.2. ] 2.3. 12.4. 12.5. 12.6. 12.7. 12.8. 12.9. 12.10. 13. 14. 15. 16. GoverningLaw ..................................................15 Binding on Successors: Assignment ..................................15 Recording.......................................................15 NoSeverability ..................................................15 Authority .......................................................16 Term of Agreement ...............................................16 Anlendment .....................................................16 Exhibits """""""""""""""""""""""""""..16 Headings """"""""""""""""""""""""""".16 Integration ......................................................17 Indemnification ..................................................17 Compliance .....................................................17 Police Power ....................................................17 EffectiveDate ...................................................17 .' LIST OF EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F 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 page ii ofii Concomitant Development Agreement u2X()(,() 15361.2 LNGI5'.DOC 1/30/98 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-.21 0 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 pr~perty 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]. 1996, of the City of Federal Way designates the property OP-4. Concom itant Development Agreement #2XO60 15361-2 LNGI5'DOC 1/30/98 A'n'ACHMENT -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 NonSignificance 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 of time set forth in the Concomitant Development Agreement to be approved by the City Council. The Federal Way City Council has directed that zoning and development regulations for the Enchanted Park Property be designed so as to permit the continued operation and development of the Enchanted Park Property in accordance with its existing use, with limited expansion and modification of that use allowed, so long as certain operations on the Property are brought into compliance with City Codes, as outlined by the terms 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: ATTACHMENT 1 Concomitant Development Agreement #2¡¡O60 15361.2 LNGI51.1)OC 1/30/98 page 2 of 19 AGREEMENTS 1. DEFINITIONS F or 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. Î "Enchanted Park Annexation" shall mean the proposed annexation of the Enchanted Park Property and the King County-owned property legally described in the . \nnexation 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 protìt with private facilities, equipment and/or services, both indoor and outdoor for entertainment and recreational purposes, including large- and small-scale amusement rides, roller coasters, aquatic park facilities, swimming pools, accessory video and movie facilities, petting zoos, and other similar uses. Such a use shall be of a scale or offer unique recreational opportunities so as to provide recreational services of a regional nature. The use of such area may be limited to private membership or may be open to the public upon payment of a fee. 6. "Zoning Code" shall mean Chapter 22 of the Federal Way City Code. 2. PETITION FOR ANNEXATION The parties understand that Enchanted Park has filed a petition for annexation with the City conditioned on obtaining a Concomitant Development Agreement adopted by the City Council. The parties agree that no notice of intent to annex or annexation action may be tìled 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 1, 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 Concom ¡tant Development Agreement ":'X()(,() 1'i3(,I-:' I.NGI5'DOC 1/30/98 A ITACHMENr - 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 19-100(b) and the City of Federal Way's Comprehensive Plan. 3.2. Zoning If the petition for annexation is approved by the City, and BRB review is not invoked, or in the alternative, 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 ora 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 Dè\èlopment Agreement #2XOhO 1~3hl-2 IN(jI~I()OC 1/301'lX 1 page 4 of 19 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 :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 of75' for hotels' 35' base height, maximum of 55' for all other uses' Area Number Regional Commercial Recreational Facility Uses 35' 3 125' 55' base height, maximum of 70', for office use' 55' base height, maximum of 75' for hotels S 35' base height, maximum of 55' for all other uses' I f 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. Concom itant Development Agreement #2XO(,O 1:'361-2 I.NGI5'.DOC 1/30/98 A TT 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 UBe. 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 .I) 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 Concom ¡tant Development Agreement #2806015361-2 LNG I 5'DOC 1/30/98 1\. 'H .l\. C HMENr 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. ".2. Improvements -1.2. J Parking The parking areas and vehicle loading areas indicated on the parking plan attached as EXHIBIT 0 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. -1.2.2. 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. I f the ne\\ use displaces any baseline parking stalls, those stalls shall also be replaced. .:t. 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 #2XO(,O 15361-2 I.NGI5'DOC 1/30/98 AHACHMFNf 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 III/ Project Approval for Phases I and II of the parking lot expansion shall be effective for seven (7) years from the date of approval. Drainage Improvements Part I Drainage Improvements - These improvements consist of construction of pumping modifications necessary to operate Mud Lake as proposed in the Drainage System Evaluation 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 Concol11 ¡tant Development Agreement ~2X()6() 15361-2 I.NGI5'.DOC 1/30/98 A 1:r A C I=IMEN1' - Page 8 of 19 1 page 8 of 19 overnow pipe. These requirements will allow the pumped discharge tì'om 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 ot' 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 simi 1m 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 bet'ore 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 Parr 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. Phase I Parking - The first phase of the parking lot expansion will drain into !\I1ud 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 tì'om the Phase 1 parking area may be stored on the site, as shown on a Grading plan approved 1 ¡\ ~ 1:r it C I:IMENT Page 9 of 19 page 9 of 19 Concomitant Development Agreement #2806l) 15361-2 LNGI5'DOC 1/30/98 by the City, provided the stockpiled material does not exceed] 5,000 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 of 212,782 cubic feet. Phase 11 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 a/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 II in two steps, the first step would include the construction of only a portion of the parking lot and the construction of the oversized detention pond/wet pond, with the remainder of the site being hydro seeded 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 TT ACHMENT Page 10 of 19 1 Concomitant Development Agreement ;J2XO(,O 15361-2 LNG I 5' DOC 1/30/98 page 10 of 19 -/2. 5 Perimerer 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. Landscapin?; 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-l, 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 fàilure 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 \\ith the stated compliance date, and posts bonds for 1.2 times the value of the work. A TT A CHMENT Page 11 of 19 1 Concomitant Development Agreement "2~(J(,(J 1:i1('1-2 IN(iI:iIl)OC 11.10f')X pagellofl9 -1.2.7. OUldoor Uses .' Such Regional Commercial Recreational Facility uses as Enchanted Park does now or may hereafter conduct outdoors on the Enchanted Park Property under this Agreement are permissible outdoor uses. 4.2.8. Access The access and driveway locations on the Enchanted Park Property existing as of the date hereof, as shown on the access plan marked as EXHIBIT H attached hereto, arc hereby acknowledged by the City and no changes to such improvements for the existing uses will be required by the City. This does not supersede the jurisdiction of the Washington State Department of Transportation regarding the driveway onto Enchanted Parkway from the Enchanted Park Property. Direct vehicle access to South 369th Street shall be prohibited so long as the Enchanted Park Property is utilized as an Amusement Park. 4.2.9. Lighting The lighting of the Enchanted Park Property existing as of the date hereof, as shown on the lighting plan attached hereto as EXHIBIT I, is hereby acknowledged by the City and no changes to such improvements for the existing uses will be required by the City. 4.3. Traffic As of the date of this Agreement, the parties agree that the traffic generated by the uses and activities on the Enchanted Park Property is as set forth in EXHIBIT K, attached herein and incorporated herein. In the review of any future expansion of the water slide park and amusement park uses on the Property, the City shall recognize an occupant- to-vehicle ratio 01'2.5 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, Concolll ¡tant Development Agreement #2806015361-2 LNGI51.DOC 1/30/98 AJ:fÞ..C~ 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 consti tute full ofT-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, è'\cept, if applicable, electrical and tenant improvement permits. Any such activities will not require existing structures to be moditìed to comply with the F-'WCc' except to the extent necessary to comply with emergency service access, tìre 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.T, Enchanted Park, ~hall be entitled, from time to time and at its discretion, to move existing or add Concomitant Development Agreement "1S(J(,(J 1~3('1-2 IN(il~I[)()C ¡nONS ..A IT A C HMENT 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-l 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 F or 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 1 Page f40I19 page 14 of 19 Concom ¡tant Development Agreement 1i2X()(,(J I:iJc,I-2 I.N(jI:iIDOC 1/30/lJR . . t t .2. Withdrawal Although Federal Way agrees to hold an annexation hearing as provided in Section 2. nothing in this Agreement obligates Federal Way to adopt a final annexation ordinance annexing any portion of the annexation area nor to adopt this Agreement. but if Federal Way does not do so prior to July I, 1998, then Enchanted Park may withdraw from this Agreement as provided in this Agreement. Upon Federal Way's adoption of the Annexation Ordinance and approval of this Agreement by both parties, this Agreement shall be binding upon Federal Way and Enchanted Park. Nothing in this Agreement shall prevent the annexation of the Enchanted Park Property by Federal Way, upon proper fulfillment by Federal Way of all petition and election procedures in accordance with State lav,:. 12. GENERAL PROVISIONS 12.1. Governing Law This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. 12.2. Binding on Successors; Assignment This Agreement is intended to protect the value of the Enchanted Park Property, as well as the public health, safety, and welfare of the City of Federal Way, and the benefits and burdens inuring to the Property and the City as a result of this Agreement shall run with the land and shall be binding upon Enchanted Park, its heirs, successors, and assigns and upon the City Federal Way, for the term of this Agreement. This Agreement and its benefits or burden shall be assignable by Enchanted Park, and to the extent a successor or assign assumes the obligations of Enchanted Park under this Agreement, Enchanted Park shall have no further liability or obligations under this Agreement. 12.3. Recording This Agreement or memorandum hereof shall be recorded against the Enchanted Park Property as a covenant running with the land and shall be binding upon Enchanted Park, its successors and assigns. If this Agreement is terminated, Federal Way will execute appropriate documents to so indicate. t 2A. No Scverabilit). 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 1IACllMENJ 1 Page 15 of 19 (oncom itant Development Agreement #2XOI>O 1531>1-2 LN(jIS'DOC 1/30/98 page 15 of 19 Agreement shall thereafter be rendered voidable at the option of either party, which option shall be exercised in writing no later than ten (10) business days after the court determination or thereafter shall be deemed waived. Provided, that no such determination 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 tùlly set forth. 12.9. Headings A TT ACHMENT Page 16 of 19 1 Concomitant Development Agreement #2X()6() 15361-2 LN(jI5'.DOC 1/3()/9X page 16 0 f 1 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 ~1Î!ure 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. ATTACHMENT Page 17 of 19 1 Concolll ¡tant Development Agreement #2XO60 15361-2 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 TT ACHMENT Page 18 of 19 1 Concomitant Development Agreement #2XO60 15361-2 LNGI51DOC 1/30/98 page 18 of 19 STATE 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. CJi\l::i\; L.'i\;DER MY HA~D AND OFFICIAL SEAL this - day of , 1998. Printed Name NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires A TT ACHMENT Page 19 of 19 I Concomitant Development Agreement #2RO60 15361-2 LNGI5t.DOC 1/30/98 page 19 of 19 EXHlbl r A ESM inc. It .' ( A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM 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. 5-0 I Kit Comer Road South I SR 161) to the northwesterly margin of 19th Way South as shown on said plat; THENCE southwesterly along said northwesterly margin to the northerly margin of South 369th Street as shown on the plat of "Regency Woods Division 2" according to the plat thereof 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 4S 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". EXP1P.ES THENCE southeasterly along said southwesterly margin to the POINT OF BEGINNING. Written by: c.A.F. Checked by: R.I. W. \\esm\sys\wrd-proc\lcgal\ 1630304.doc /0/ /7/17 720 South 348th Street. Federal Way, Washington 98 Federal Way (206) 838-6113 . Tacoma (206)927-0619 . Seattle (206) 623-S911 . Fax: (206) 838-7104 EXH~~""'W" A I,.. . I " , . H: .,'J:J :, ".--.-- PÂ,4<>,¡'_.'.'~.., ,', u -, , \.:.:1 ~n'~--~ . ~ EXHIBIT "B" TO ACCOMPANY LEGAL DESCRIPTION FOR ANNEXATION A PORTION OF SECTIONS 28, 29, .32 AND .3.3, TWP, 21 N" RGE, 4 E., W.M" PARCEL OWNERSHIP KING COUNTY, WASHINGTON n SCALE: 1" = 400' ~ I 0 400 800 0 :: ~ CD Ir),f? Q:"l: Ú"J!{' h I] ESM inc. . CM (""'(10<;. (NOD 9J"{Y. MC) PO:I.{CI """11(" roI'U1IC filii 720 So .348th Street FEDERAL WAY, WASHINGTON 9800.3 PHONE (25.3) 8.38-611.3 CD ENCHANTED' PARKS INC. eD ENCHANIED PARKS INC. 0 ENCHANTED PARKS. INc. CD ENCHANTED PARKS INC. 0 KING COUNTY 0 W.S.D.O.T. CD ~ 1"«'. -;o'{),'t- <? '>-q. 0 "Z-y. 'ßO~ C;:..ú'~ ,>-' o--() --yo: ~1-~ /¿.~ ð'CO~ :j-p 1<; -p POINT OF BEGINNING CD JOB NO. 163-03-950-006 DRAWING NAME. 163\03\EXH-ANNP DATE' 02-06-98 DRAWN CAF/RJ B SHEET 1 OF 1 EXHlbl r A ESM inc. A CIVIL ENGINEERING, LAND SURVEY, AND PROJECT MANAGEMENT CONSULTING FIRM [It ( 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 "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\lcgal\ 1630304 doc /0/ /7/17 720 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 "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 CD V)~ Q:-.1: C/J!{' ;? ~ CD Exu~nn-w: It. rrn H :.'j:J I: .....l'\ PA--~'..¡'-~.' .~, ~ . ~ ;, ,~~ "<-.1 6, '.'=' B [I ESM inc. 'IM (>0((l1li;. """ 9.J!\f!. .., PII\lC! """""01 coo.tllC roo 720 So. J48!h sr,..! FEDERAL WAY. WASHINGTON 98003 PHONE. (25J) 838-6113 PARCEL OWNERSHIP CD ENCfWlTED PARKS INC. 0 ENCHANTED PARKS INC. ø ENCHANTED PARKS, [Nc. eD ENCfWlTED PARKS INC. @ KING COUNTY 0 W.S.D.O.T. CD ~ "«'. 1'J'fì,~ o->-Q ~ y 't'% 'b. :;..\ ~ú'~ ->-"-' o~ -->".. ~fo~ "'_;;"/~ 6"ò~ :/1). ~ -p POINT OF BEGINNING Q) JOB NO. 163-03-950:"006 DRAWING NAME: 163\03\EXH-ANNP DATE: 02-06-98 DRAWN CAF./R.J.B SHEET 1 OF 1 'j ____m,_' ---~ l~j ¡;i---- j ~ - I ., ! . ,"'1 'I' :," '..~(#';..::ì~\..~...~.f-it~f~~~l¿r,:~.='.~:/;).") , : ¡ ¡ i If i \-[-!\ \J~ ~ '\\\~v9i,.;";" "", c-' -1_,~:~--=-\.:J ! Ii! \.,' ~ \L..~'¡Mi.~¡\.\..\~\'t~,:I' .,,'. -- ~"l'./ ¡ 1 l III' ~ \'\'\~ ~ ~"d,\ '~J); . ~>< if II ' ¡ ('~II J . <- ~ '~~:- . ¡¡ ~~t . :~l- ~,' --¡Ii I i II l__'_'_h_'=_- ~ ~ i \\\\ °f;i) -- /¡;~/// - Ir~'j':=~~~, lm~ ~ ~ I*~~S;~ l . / /--~~ :~ ,~l/II? 1/ ~ "\, \(\1 \ 'Ç . I \~ -\--"'"~- ~~' L;~->j,jj / 1/- '\~tj. \\ ~ \~';.'.-' :']JJ7:?!-./// , ¡ 'o", '\ . .~\ ! .-/ljl 'I Ii ~ .'.. '¡i. 'I '\\t>.~! ;'¡'rr\ .' / .t/.tf'f"rj¡ ii/.:' ~oo. !¡P:¡¡ Ii 1IiID'iII! I, I f1:~.\\r .~'i ~, 1./ , ~. '<\JI4.!: J 1/;:;';/1, :' f ilf! ~ ~ ¡f¡~¡¡ '\: .. I - 1';: \¡I) \ 1,_/:___---"" (J:; .', --~"""-'I/f¡'i æ"j'7:5 Ii 00::;) '!;!'¡!i I,ll! ~.'ç:_) ""',)\\-.,'r[f:---~;1~--j-J'-~J. ~.' 11' I,f,iíf ~~ ~!I! flf;' '1---' ~ í I;. . .' t /,~' l=-' '~~Yí!~;~::'ß~h' .J." ,I. 'J! ¡"I ~ i:i!h~,~l ., ~ ~' "f~\ :1'\ \,t I /. ',¡ ":1, \, /;l,~. " ~~,("--'+/ '---'/Ifß\\" - ,I < í 1FMI' f-//¡$ c£) , " ~~"rrí,~, ",i ~"',:~~,'!~-~,7ì, ' " " /:"'!,,!,¿~ (J,¡,l/ '\.I~il;~ fll../J£i~~J,'\ "" //;; " I ¡if", h) /1 W Líi\Jit-='ri(~- -¿\ It / ~ \ .:!í~~ IW~{'~ ~(f>\~¡'~¡ í ~""; /¡l p , ' 1"¡>~,'_-1j/t::i---l~~,1-_t- /-~~~-~--1\',,! / l' J ,,"I:' r ;! "-\{ U¡-j-4) Vii --,:--,-- '\" "i ~, (,/1/ >< n ~\~L 'I !~\:;,r,~ ~Jm¡' /4 w ¡ \\ , '-"'",\"~t~~,:.qg~,;~J,<¡tI,;?i,\~l!I~//,,,>,,;,',l,:,,} Û D \\\ -T/!iìr/ìi: I~J"~~--~"~j.J,,' ~ lHr/, '1-/,/// ~ \\ '\ / l~,~'\~, \ g.-: \, -, Li BJ/ '; // .. , n I--n~~, ,\\\ \ I,~.","\,,\,¡ ( \ ¡I,I,,' II ' -1"~'~\ / ,,- I ': \". /¡l /it ~ :; ff-:.I ,/ ^ ",.... i '\\,~ \ , ,:\ ¡ ~/ /, '/' 6: ;, _u_u_, n', ' \ - " ",\" 'I, i,,' 2 .' 1 ' ,I "'\:' I .. \: 'r::, ,,¿ /;/,i <: ,,~~ ':; "!I: ii' .. ""/y' 'J',' ~.'1} /,1 '- "I ,,/'" .,',~' ¡ ,I; "i¡;~"~>//' ! T ' i :~ '<"':', \ >//>: ',' \~, 1~ v \:, .~ . :~ '\ I; !} Z'~ I. ~'ž !,¡ ~5 "'z ~w / EXHIBIT '3 PAGE--.LOF --1 EXHIBIT C Office Park Zone (OP-4) Development Regulations 1. PURPOSE AND OBJECTIVES These Otììce 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 Agreemetít, these OP-4 Zone provisions shall prevail. After the effective date of a Concomitant Dlvelopment Agreement, any change in FWCC referenced in any Concomitant Development Agreement shall not be deemed to modify this Zone except as otherwise provided in the Concomitant Development Agreement. B. Reference herein to the "FWCC" shall refer to Chapters 18, 20, 21 and 22 of the Federal Way City Code. Reference herein to the "Director" shall refer to the City's Director of the Department of Community Services or designee. 3. USES PERMITTED A. In addition to the uses allowed in the Office Park Zone of the FWCC, the following principal uses are permitted outright: 1. Regional Commercial Recreational Facility as defined herein; 2. Hotel on a parcel not to exceed five (5) acres and as regulated by Sec. 22-757 Exhibit C Office Park Zone (OP-4) Development Regulations page I of4 EXHIBIT C PAGE I OF ~ 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. 13. 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: I. Warehousing and distributing, secondary to permitted primary uses provided such use does not exceed twenty-five percent (25%) of the permitted use; 2. Outdoor storage; and 3. Any other use determined by the Director to be compatible with the above accessory or permitted uses pursuant to Section 22-946 of the FWCc. D. Temporary Uses. The following temporary uses may be conducted in this Zone and are exempt from the requirement of Article X, Chapter 22 of the FWCC: Temporary use in this Zone shall include seasonal retail sale of agricultural products such as vegetables, fruit, or flower stands; community festivals; outdoor sales of recreational vehicles; boat shows; or other parking lot sales, provided each temporary use exists for no more than seventy-five (75) days in every three hundred (300) days. Exhibit C Otììce Park Zone (OP-4) Development Regulations page 2 of 4 EXHIBIT C. PAGE ;¡ OF ~ 4. GENERAL DEVELOPMENT STANDARDS AND REVIEW PROCEDURES A. Except for Regional Commercial Recreational Facilities, the development standards and review procedures for all uses, except as otherwise set forth in a Concomitant Development Agreement pursuant to Federal Way City Code (FWCC) 19-104, shall conform with those identified by the corresponding use in the FWCC Office Park Zone as appropriate. In the event a non Regional Commercial Recreational Facility use permitted in the OP-4 zone is not permitted in the FWCC Office Park Zone, then those development standards and review procedures identified for the specific use in the first zone where the use is allowed, shall apply, except as otherwise set forth in this Agreement; provided, however, that Process II, Article V, Chapter 22, of the FWCC shall be applied to all such uses. For Regional Recreational Facilities within the developed area as shown on EXHIBIT J, Chapter 22, of the FWCC, Article IV.A, Process 1 - Director's Approval, shall be utilized for all such proposed uses. For all other Regional Recreational Facilities, Process II, Article V, Chapter 22 of the FWCC shall govern. B. The height restriction for property zoned OP-4 shall be thirty-five (35) feet unless otherwise established by a Concomitant Development Agreement pursuant to Federal Way City Code (FWCC) 19-104 between the City of Federal Way and the Property Owner. C. Any proposed new development, requiring a development permit, approval of a plan and a landscaping plan, shall submit such plans in compliance with the requirement of the FWCc. except as otherwise set forth in a Concomitant Development Agreement pursuant to Federal Way City Code (FWCC) 19-104: 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. ENVIRONMENTALLY SENSITIVE AREAS A. Any portion of property zoned OP-4 which is classified as environmentally sensiti\e Exhibit C Office Park Zone (01'-4) Developmcnt 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 Codc. 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 protìle. 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 tìfty 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. I I""IIITIJ\\'T,\IIIBITC CC"Fch".^,y" I""R page 4 of 4 bhibitC Office Park Zone (OP-4) Development Regulations EXHIBIT~..._. PAGEAOF4 .S' -'< ~ Õ I § ¡ = .S' ;;; ~. 8 ~ ~ ~ N '" N EXHIBIT -3> PAGE-L_OF J =-~ " ~ :c Q. 6 ~ ~ î ~ ~ I j i1 ]1 i ~ ~ ~ :5 " ~ ~ ,-: ~ ~ ~ 1'~ 0 0 0 u .n .q ~~ ê~ ~ c;: ! ~ :~ H ;:~ H - "' , ¡i ~^ '~ ~ ~. E~E §~ ~ ~'~.¡¡ ~ : E~E1E'¡; !~ r t~ .2 "' "' '^ '~ ~ ,~ -¥,t ii ~ ~ ~ E .~ ~ ,-" <' ,.' ...-" "," . ,," ~ ;:: ,^ ~ '~ t E ~ E§ ~ ;; , ~ .¡¡ ~ : Ë~qq f]I£H ~ * ¡;- "' "' ~ '~ '~ :~ .. ,.., cr: LU (1' '.r: N 'or: ILl 0: q ~I~ 0: <1: ,-------- .~:~ "~ <:~ ~ \\'---~--~' EXHIBIT ~ PAG E-L. Of , ">0;;> "'. "" l_!!~?'.. ~ -, . .. ;,/., '" "", " "', " , .... . '... """ , ',¡,~I"",",i'~,'.',,: .\ ( . .'.~'I' '~:"\.."I~..""'f"!, . . '. '. ' I.... ,", " \ . /~. , , ' ~ '~ I . ,;. \ ' . "'" , :.' ¡; :....::.!.J.:.,~~':...' ,:..:,: I ' " ".'. " , , . . " " ' ", : ; I ~ .:';~ : .'! , , õ - 0 0 '" Q I II ~~ \I <:I: 1[",1\ ~- ¡dIP: L .-:r: j; II¡! I UJ 0: ';I!/I 1,9) ..-r: 1\ I' 1,1 r U) J Ii ~-- 0 1- ~ CL f- ({) UJ UJ Cl: 1- f- (J) I I ~ >< lU W :r: i¡> ~ .., ~ ,', g ---- I: VI ::iVl ;j ;~ ~~>-~ ::J~ßg ".."VI "ð~~ ~&-3 ~ ~~~ g~~~ -1 ~ UJ F- 0 (j " ~~ ~ ~ ~I' " IU - . ;{. (~ 'l" ~t V ~ Q VI> , 7, 0' ~ '~:ì ~ ",.0 O" .¡ K ~ ~ 8: fL Ol',), ,. .; [) n:l ~ 0' ~! \" 'ó'V - '- ~ ~ '~ié.~ .l ,l"", \J v.." (" ~¡ ~ ::' " ------------- EXHIBIT F + Drainage Improvements - Water Quality Analysis (Summary - Full text is available at City Hall) #7300915361-2 lKCIOI!.DOC 11/03/97 t:,X H I B 1Tr.-..- PAGE ToF2J ---. -.- ......, """ "'..1..1' "'L..L'" L..J'" ""... ""..1..1 '-, ,'-', ,..... , "_V, H' ""'"' .....,'-'-' I HUe. u.:; 1 1 ] ] Drainage System Analysis Revised October 1,1997 Page 1 . 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 ! 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 Nonh, 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 e~ception of the south parking lot, which flows from south to nonh. 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 every tWo weeks) during the winter months to draw down the lake level to the point where a rainfall event does not cause the lake to overtop its banks. The water has been pumped to the south, across an undeveloped parcel betWeen the existing Wild Waves parking lot and South 369th Street. which drains across an existing wetland and into the detention pond for the Regency Woods Plat. ] ] ] The Enchanted 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 pennanent solution developed to solve the identified stOrage capacity problems. The proposed solution must then be approved by the City of Federal Way for annexation consideration. If the proposed solution is approved, construction of the improvements will be completed to bring the site into compliance with current 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. EXH~BIT L,,~-.,.. .. PAGE , OF1L NOV-03-1997 11:33 253 661 8099 98% P.02 ../ ...,"', ".1.1' ] ] ] ] ] ] ] ] ] ] ] ] ] J NOV-03-1997 .. L ..L.J L.J.)-OOJ.-OU;:¡;:¡ c..~"",r1f-\~ ¡ c..J.J r~K;:¡ ~c..v I""'I-\ot.. t:J.:I Drainage System Analysis Revised October I, 1997 Page 2 4. Develop time/volume relationships of Mud Lake for the 100 year design storm 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 determine whether it can accommodate the proposed pumping scheme without modification, or whether it can be modified to hold additional volume without an increase in peak flow to Hylebos Creek. Perform field topographic survey of existing wetland area to allow hydraulic analysis of stormwater which would back-up from the Regency Woods detention pond if the water surface elevation is allowed to raise. Perform analysis of stonnwater as it flows through the inventOried Class 1 wetland and into the detention pond to detenninc whether it creates a potential impact to the wetland. B-twelve Associates will perfonn 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 affect property and water courses downstream of the discharge site. 5. 6. 7. 8. 9. GENERAL Il"lFORMA TION Hydraulic Method of Analysis Analysis of the site was conducted using the King County Runoff Time Series (KCRTS, 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 [he analysis. Stonn events modeled included the 2-year, 10-year, 2S-year, and the 100-year storms. The project location per Figure 111-4 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: I. Analyze Enchanted Parks/Regency Woods drainage basin for existing conditions after the original Regency Woods development, but without [he pumping of storm water from Mud lake. This will be used as a basis to determine the effects of existing and proposed pumping conditions on the wetland. EXHIBIT E P AGE -1 0 h~~it--- 11: 34 98% p V1, 253 551 8099 ~~/U..;)IJ.;¡.JI ~L.."-;) "-;).;)-OOJ.-OU:I:I t:.1'Il...ni-ll'll t:.u rH""';;;¡ t:.^t:.1... rH'-'t. 1:)'+ ] ] Drainage System Analysis Revised October I, 1997 Page 3 EXHIBIT ~ - P AG E ~ 0iiJ--- ] ] 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 determine 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 stormwater 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 Lake 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 storm events within the detention pond as well as the release rates out of the control structure at the outlet end of the detention pond. Part of the analysis will include a downstream capacity analysis (downstream of the control structure) for all three conditions defined in the scope of analysis above. ] ] ] There is an existing flap gate separating the wetland and the Regency Woods detention pond. A comprehensive analysis of this flap gate is quite difficult. As agreed per the City of Federal Way letter dated December 9, 1996, (exhibit D) 8C), a "bounded" approach to this 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 (he wetland and the Regency Woods detention pond. At that point, outflow is ] I NOIJ-03-1997 11:34 253 661 8099 98% P.04 --,--,---, ~........ ~~. ~_JJ ~"~,.~.,'~~ . ~""'"' ~,"-'" I HI.JL. u..; 1 , Drainage System Analysis Revised October 1, 1997 Page 4 1 1 calculated as a weir overtopping into the detention pond. The lower limit is to model the flap gate 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 [he 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. ] 1 1 ] ] ] J ANAL YSIS Basin A~sis Ple~~ refer to the attached basin maps in Appendix D for reference to each of the sub-basins. Basin 1 The total Basin 1 is tbat area which drains into Mud Lake. It is the total of sub-basins 1 A, 1 B, 1 C and 10. Buin IA Basin] A 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 South, it is assumed that mitigation for water quantity and water quality will be required. ] ] ] ] J ] ] J Impervious Interstate S 720 If x 2S feet of pavement (14. lane with shoulder) = 18,000 sq. ft. Milton Road 2) 00 If X 22 feet of street width = 46.200 sq. ft. less 500 If x 11 feet of crowned pavement section near the hi point and southerly;;;; 5500 sq. ft. Total impervious::: 18,000 + 46,200 - 5500 = 58,700 sq. ft.;;;; 1.35 Acres Pervious 2900 If x 70 feet wide a 203,000 sq. ft. ::: 4,66 Acres Basin IB Basin 1 B is the property limits of Enchanted Parks (not including the recently purchased Enchanted Woods P.U.D. property). This entire sub-basin drains into Mud Lake. There is a basin break near the east boundary. but for a conservative analysis the entire property is calculated within this sub-basin. -~ÅHIBIT Fa :)4G~--5-0F ~ NOV-03-1997 11:35 253 661 8099 97% P.05 J..J../tJ.;j/.L??' .LL:¿::J ¿::J.j-bbl. -t:H:;J';'; tN~HANltU ~AKK~ tXt~ I-'A(;il:. 06 Drainage System Analysis Revised October I. 1997 Page 5 I EXHIBIT Fa PAGE~OF & ,-- Existin~ Conditions The site of Enchanted ViIlagelWild 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 the requirementS of KCRTS. Developed Conditions Enchanted Parks is proposing to redevelop certain areas within the site. Proposed new facilities include a hotel; restaurant and conference facility, office building; and indoor family fun center (see attached Appendix 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 0.10 100/0.10 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 of impervious) 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 IC Basin IC is the western portion of the Enchanted Woods P.U.D. that cuITently drains toward Mud Lake. Existing Conditions The sub-basin consists of approximately 3.50 acres (381 feet by 400 feet) of till forest. NDU-ø3-1997 11:35 253 661 8'2199 97% P.ø6 ] ] J J' J .J ~J -..1 :] -J J l l .J ~ 1) c =-~ ... ] -.I .L.L' U.J, .L:J:J ( .LL.L~ L~.:I-OO.l.-OU;¡;¡ t:.1'ivMI-1I'; I t:.V rl-1KK;:) t:.^l:.1... r'A\;>t:. Drainage System Analysi5 Revised October 1, 1997 Page 6 Developed Conditions The sub-basin will consist of approximately 3.50 acres of impervious and approximately 0.52 acres of till grass. These areas are per the Wild Waves parking lot Phase I engineering plans by ESM dated September, 1997. Basia ID Basin I D is that portion of Regency Woods Div. I near the eastern boundary of Enchanted Parks that currently drains toward Mud lake. The sub--basin, when developed, would probably be diverted easterly; however, for our analysis, it will be included in the Mud Lake basin. This sub. basin consists of approximately 0.50 acres (half of 550 lineal feet by 80 feet wide) of till forest. BuiD 2 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 1I. 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 I C 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 IC 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 Enchanted 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. I~~~~}t H I B I T --E PìAGE--1-0f-ZL NOV-03-1997 11:36 253 6618099 P.07 97% tit ] ] ] ] ] ] ] ] ] ] ] ] ] ) I ../U.J/.;;};;}I ....:..,;;¡ ,;;J..J-OO"-O(J;;};;} t:.NI...Mi-\l'iIt:.U ,i-\KK~ t:.,x,t:.\... I-'A(;il:. ~8 Drainage System Analysis Revised October I, 1997 Page 7 Basib 3A Basin 3A is a ponion of Regency Woods, Division 2. Per the Enchanted Parks P.U.D. calculations, SWM Variance L93VO091, 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 3.5.2B of the King County Surface Water Design Manual updated November 1992, the percentage impervious is 47. Therefore, the basin consists of approximately 5.39 acres (47% impervious of 11.46 acre site) of impervious and 6.07 acres (11.46 acre site less 5.39 acres of impervious) of till grass. Basla 3D Basin 3B is a portion of Regency Woods, Division 1. Per the Enchanted Woods P.U.D. calculations, SWM Variance L93VO091, 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 3.5.2B of the King County Surface Water Design Manual updated November 1.992, the percentage impervious is 36. Therefore, the basin consists of approximately 5.S3 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 'T' within the Regency Woods development. It consists of approximaIcly 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 considered more wetland than open body ofw3ter, 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(HIBIT ~ , /:\ G E --'- 0 F2..L " NQV-03-1997 97% 11:36 253661 8099 P.08 --,vv,.J~' ....,.., ........... .......,JJ L..."'-"'~"'L...'-"~""-'L.../"-'-' rl-\\;11:. CD Drainage System Analysis Revised October 1, 1997 Page 8 One Outlet Reservoir Routing File Stage Elevation Discharge Storage Penn-Area (Ft) (Ft.) (CFS) (Cu-Ft) (Sq-Ft) 0.00 209.99 0.000 O. 108425 (a) 0.01 210.00(b) 1.110 (c) 997. 108514. 2.01 212.00 1.110 (c) 230534. 121023. 3.00 212.99 1.110 (c) 352619. 125614. 3.01 213.00(d) 2.220 (c) 353875. 125630. 4.01 214.00 2.220 (c) 481439. 129497. 8.01 21B.00(e) 2.220 (c) 1000433. 130000. (f) 209.99 Ft. : Base Reservoir Elevation 10000.00 MinuteslInch: Average Penn-Rate (a) Interpolated betWeen elevation 208.0 (with area 90,718) and 210.0. (b) Per field observation by ESM staff and City of Federal Way staff on July 18,1997, the existing pump currently starts at elevation of 210.0 (+/-). (c) Note per the pump curves, the flow was approximately 1.11 cfs. (see exhibit 020). 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 information to determine 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): EXH I B IT -L------.-- PAGE~OF_.2.L NOV-03-1997 11:37 253661 8099 97% P.09 ...~~/.~~' .L.L...J L...J..J '-'OJ. ,-,UoJoJ L..I',-" )H, I L...... I H""';:¡ ~'-' r-i-\\;1t,. It:J ] ] ] ] ] ] ] ] ] ] Drainage System Analysis Revised October I, 1997 Page 9 r One Outlet Reservoir Routing File Stage Elevation Discharge Storage Penn-Area (Ft) (Ft.) (CFS) (Cu-Ft) (Sq.Ft) 0.00 207.99 0.000 O. 90622. (a) 0.01 208.00(c) 0.750 (b) 907. 90118. 2.01 210.00 0.750 (b) 200139. 1O8S 14. 4.01 212.00 0.750 (b) 429676. 121023. 4.51 212.50 0.150 (b) 491144. 124847. 5.01 213.00 0.750 (b) 553763. 125630. 6.01 214.00 (d) 0.750 (b) 681327. 129497. 10.01 218.00 (e) 0.750 (b) 1200321. 130000.(f) 207.99 Ft : Base Reservoir Elevation 10000.00 MinuteslInch: Average Penn-Rate. ] ] ] ) I (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 (0 existing pumping conditions (elevation 208.0 rather than elevation 210.0). (d) Water surf,¡.ce 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. *Note that zero infiltration was again used for analysis. EXHIBIT -.F PAGEJ40F ~--_.. r;- NOU-03-1997 11:37 253 661 8099 97% P.10 ] , ] ] ] ] ] ] ) , I I I I "- "-, ,,-', "- .1.1 , ...,....; L;:)':¡-OOl.-OtJ:J:J tN~M~NltU ~AKK~ t^~~ t-'A(;¡t. 11 Drainage System Analysis Revised October I, 1997 Page 10 PUD Site Developed Conditions Based on the preliminary design plans by ESM for the Wild Waves parking lot expansion plans (see exhibit G3) and computer analysis, the future detention pond for the POD site was detennined to have the following characteristics: (One Outlet Reservoir Routing File) Stage Elevation Discharge Storage Penn-Area (Ft) (CFS) (CV-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 121389. 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 MinuteslInch : Average Penn-Rate a). The goal is to match the existing 100 year flow from the PUD site plus O.Scfs increase due to the Enchanted Parks developed conditions. b). For calculation of how the orifices were sized & discharge detennined, refer to appendix G4. c). There is 53,666 Ft3 of storage available below elevation 224 that is reserved for water quality requirementS (wetpond) for the POD site, Refer to Appendix 02 for a requirement of 3 1.810 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 IS" diameter riser overflow elevation will be at 236.6. g). The top of the benn 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, EXHIBIT J PAGEJLOF~~_. NOU-03-1997 11:37 97% 253 661 8099 P.ll I I I ] ] I ] ] ] ] ] ] ] ] ] ] ] ] ) J. J.I U.:JI J. JJ I J.~.~;:¡ '<::;:¡':¡-OOJ.-otJ;);) ~N~M~I~U ~AKK~ ~X~~ Drainage System Analysis Revised October 1, 1997 Page 11 Proposed Temporary Conditions Based on the namral detention area already existing on the POD site (see exhibit OS) & a proposed control manhole to be constructed with Phase 1 of the Wild Waves parking lot expansion. the proposed temporary detention Pond for the POD 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 0.610(c) 88770. 33048. 10.00 228 0.860 182,608 60790. 12.00 230(b) 1.060 328,633 85235. 218.00 Ft : Base Reservoir Elevation 10000.0 MinuteslInch : Average Penn-Rate 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 cona-ol manhole will be kept intact &. only the first orifice will be replaced (1.94" rather than 4"). b). The second orifice will be constructed at elevation 232 & will be 3.11" to match the design of the future detention pond. c). The orifice equation of Q=CA (2gh)0.5 where C=0.62 A=0.O873 feet and ~32.2 was. used to calculate the discharge. Please see exhibit 06. EXHIBIT 1? P AGE JAO F _aR NQU-03-1997 11:38 253 661 8099 97% PAGE 12 " P.12 ¡¡/U~/!~~{ ¡L:¿~ ¿~j-bbJ.-t;jI::J~~ I I I ] ] J ] ] ] J ] ] ] ] ] J ] ] , Drainage System Analysis Revised October I, 1997 Page 12 Wetland ~N~MANI~U ~HKK~ ~~~ t-'A\.JI:. Ij 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 File) Stage Elevation Discharge (Ft~ (Ft) (CFS) 0.00 213 .00(a) 0.000 1.00 2 J 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 Minutesl1nch: 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" culvert exiting the wetland. See Appendix D. bw/d:=1. There is no backwater effect from the detention pond assumed. (c) hw/d ""2 (d) hw/d;;;3 (e) hw/d=4 With Weir Overflow (Flapgate Closed) (One Outlet Reservoir Routing File) Stage Elevation Discharge (Ft) (Ft) (CFS) 0.00 213.00(a) 0.000 1.00 2J4.00 0.000 2.00 215.00 0.000 3.00 216.00 0.000 3.99 216.99 0.000 4.00 217.00 6.400 (a) 213.0 Ft: Base Reservoir Elevation 10000.0 MinuteslInch: Average Penn-Rate NOU-03-1997 11:38 253 661 8099 Storage (Cu-Ft) o. 39235. 107624. 187071. 275500.(c) 276712. Penn-Area (Sq-Ft) 15898. 62572. 74205. 84689. 93697. 94593. ¡EXHIBIT r: iPAGEA.OF2.. 97% P.13 --'~~'~JJ' "-oJoJ """, """"" ...."'-',.....".........,.....,,,--'....,"-'-' ....u~ J.'" Drainage System Analysis Revised October 1, 1997 Page 13 L (a) Discharge would only occur at top elevation 217.00. Q=2I3L(2gH3)0.5,where t>r:IO' and H=0.25'. Therefore, Q=6.4 217.00. (b) Interpolated betWeen elevation 216.00 and 217.00. (c) Estimated. Weir fonnula: cfs at elevation Detention Pond Based upon the Engineering Calculations from the Enchanted Woods P.U.D., SWM Variance No. L93VO091 dated October 10, 1993, the detention pond volumes and the orifice schedule of the outlet structure were provided. From this infonnation, a discharge rate at respective elevations was calculated (see exhibit DI4A, B &. C). From this infonnation. it was 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 21S.00 1.260 3.00 216.00 (b) 1.660 4.00 217.fO (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 narrative in the downstream analysis. . (b) Design water surface for 25 year stonn with 5 year release rate ( c) Overflow elevation of control manhole Combination Wetland and DeteDtloD 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 -, PAGE.14-0F ~, NDV-03-1997 11:39 253 6618099 97% P.14 ......¡ U-'¡ ....).)1 ... '-. -'.) .:.;')')-OO.l.-OtJ:J:J ] J Drainage System Analysis Rev ised 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 Minutesnnch: Average Perm-Rate ] ) I I Alternatives for Mud Lake Increased Storage Alternative t:.1'Il,.,r1t-\I'i I t:.lJ rl-lKl';:) I:.^I:.I... ¡-'!-lot:. I::JL Storage (Cu-Ft) O. 109210. 275217. 457966. 656357. Penn-Area (Sq-Ft) 60998. 157422. 174580. 190939. 205843. The storage volume of Mud Lake could be increased by increasing the height of the bank and walls, but the height needed to provide adequate storage for design stann conditions is beyond what could be accomplished with reasonable and cost effective construction methods. In addition, raising the water surface elevation of the lake could have adverse impacts 011 the wetlands associated with it. Because construction of vertical walls is not practical, other alternatives such as dredging the 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 borrom, thus creating the additional storage below the existing bank elevation. This alternative would produce approximately 56,000 cubic yards of excavated material which would require disposal. It would also require e:\:tensive 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 [enn 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 runoffvolumes. NOV-03-1997 253 6618099 11:47 EXHIBIT F PAG ElL OF --2..L 98% P.02 I ß U ] ] ] I I J. J.I tJ.:J1 J. :J:J I J.'<'..:J:J ¿;).j-bb.L-bU';j";j ~N~HANI~U ~A~K~ ~^~~ Drainage System Analysis Revised October I, 1997 Page 15 EXHIBIT1_1.'~-' PAGE11LOF: & 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 2 J 0.0) 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 ofthe flow and elevation comparisons for the 100 year events. Comparison of 100- Year FlowslStage - Mud Lake Aoalysis Flow(cfs) Elevation( feet) Existing Conditions With Existing Pumping 1.11/2.22 File name: exout Developed Conditions With Developed Pumping 0.75 File name: devout 4.17' (EI. 214.J6) 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 rum on at elevation 208.0 and not go above elevation 218.0. Please note the existing basin release rate is approximately 1.11 cfs for the existing pump (without the release rate from a second rental pump). The pumping is currently turned on at elevation 210.0 (plus or minus). This maximum rate of 0.75 cfs should be used as the required pumping rate for pump selection and system design where the nonnal water surface elevation is 208.0. A slightly smaller pump could be used, however, this would reduce the effective freeboard. and would flood the water slide pools and the electrical handholes in the asphalt walkway area on the west side of the lake. The water level for Mud Lake would be allowed to rise to itS historic level (212.0) during the period from April l to October 1. This will allow the wetland plants to survive and grow during this period, and also provide habitat for the ducks which nest on the island during their nesting period. Downstream Analysis Runoff which is pumped from Mud lake will be directed toward the south, where it wi1\ 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 stann events, and acts as a detention pond whenever the f1apgato 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 cfs with inlet control. Please refer to Appendix B I, page I and 2. NOV-03-1997 253 661 8099 98% 11:47 I-'A(j~ 1::13 " P.03 J , ] ] ] ] ] ] ] ] ] ] ] il ¡-¡ ~ ù Ù D 0 --,--,-~~. i--'-' uu... uU.J.J Drainage System Analysis Revised October I, 1997 Page 16 L"'-'nMI' CLi rHr<.I'.':> C^C'-' r'1-\~t. 1:j4 The detention pond southerly of the wetland is the storage facility for Division [ and Division II of the Regency Woods development. Downstream of the detention pond outlet structure is an IS" cmp (see exhibit D 15) stonn line going all of the way to Hy1ebos CJ'(:ek. There is no additional flow entering this line beyond the outlet strUctUre of the detention pond. Per exhibit D21, 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" crop. 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. PUD Site The analysis is based on the four conditions as presented below: Comparison of 2-year Flows/Stage-PUD site Existing Conditions without existing pumping File Name: 2-tsf Existing Conditions with existing pumping File Name: lex.2 Developed Conditions with developed pumping File Name: pudesouusf Temporary Conditions with developed pumping File Name: pudexout.tsf ComparUon of 10-year Flows/Stage-PUD site ExiSting Conditions without existing pumping File Name: 2-tsf Existing Conditions with existing pumping File Name: leû Developed Conditions with developed pumping File Name: pudesouttsf Temporary Conditions with developed pumping File Name: pudexouttsf NOlJ-03-1997 11:48 253 661 8099 Flow (ds) Elevation (feet) 0.221 1.33 0,795 11.08 0.775 9.32 Flow (cfs) Elevation (feet). 0.385 2.55 0.904 12.20 0.852 9.93 EXH~BIT 1 PA.GE___I_'70F 2.1 98% P.04 J' J ] ] ] ] ] ] ] ] ] ] ) , I --,--(-~~' ..."" vv... vv-'-' 1...1 "~I ""'" 1 ,-U 1 ,"""".;0 ~^¡;,.'-' rl-\\.:It:. ():J Drainage System Analysis Revised Oc[Ober I, 1997 Page I 7 Comparison of l00-year Flows/Stage-PUD site Flow (cfs) Elevation (feer) Existing Conditions without existing pumping File Name: 2-tSf Existing Conditions with existing pumping file Name: lex2 Developed Conditions with developed pumping File Name: pudesout.tSf Temporary Conditions with developed pumping. File Name: pudexouttsf 0.642 2.86 0.938 12.54 0.854 9.95 Additional mitigation for the Enchanted Park Development as well as the Wild Waves parking lot expansion (both Phase I and II) is being provided on the POD 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 POD site. This is an oversize of 440%. When comparing the release of 0.938 cfs for the IOO-year srorm event for the developed conditions with developed pumping and the existing tOO-year flow from the POD 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 1 OO-year storm eventS. The developed condition with developed pumping also provide 0.66 feet (IOO-year elevation = 12.54 + 224 = 236.54) 0.66 feet of freeboard from the laO-year stonn event and 1.0 (IO-year elevation = 12.20 + 224 >= 236.2) 1.0 feet offreeboard for the I o.-year storm event. Please see the engineering plans in exhibit G2 showing a top of berm freeboard elevation of 237.20. ' [n the temporary conditions with developed pumping from Enchanted Parks (developed conditions for both Enchanted Parks and Wild Waves parking lot-Phase I and Phase II not yet constructed) a temporary 4" orifice will be placed at elevation 224, which is the permanent ~ elevation &; location of proposed control manhole at the completion of Phase II of the Wild Waves parking lot expansion. As noted in the above analysis, the temporary conditions release lower release rates than the developed conditions, so no further downstream analysis is necessary. Also note, the 100-year elevation of the pond for the temporary conditions is 9.95 + 218 = 227.95 and the 100-year elevation of the pond for the developed conditions is 12.54 = 224 == 236.54. For the temporary conditions, elevation 227.95 is easily maintained in the existing low spor of the PUD site (Refer to exhibit G5). ~e:XH I BIT P. P AGE J1 0 F2.-R--.. .. NOV-03-1'3'37 11:48 25366180'3'3 97% P.05 .. , I . . I 0 D 9 Q ] ] J J I --.--.---' ......... ""~ ",,-- ,-",-"......",-...- I"""""" '-""-'-' rHUc. (,)0 Drainage System Analysis Revised October I, 1991 Page 18 Wetland Since it was agre~d that mitigation measures for the wetland 'will 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 even[ since the pumping out of Mud Lake starts earlier. Therefore, analysis of the wetland becomes an elevation analysis for the two year event The difference of stage elevation for the existing pumping conditions (combined facility) for the two-year event (2.46 feet) ØJ1d, as shown in the tables below, the stage elevation for the developed pumping conditions for the two-year event (1.81 feet) is an improvement, over existing conditions. Even when considering the difference of the stage elevation for the existing pumping conditions (combined facility) due to the IOO-year event, the stage is 4.61 feet for the existing pumping conditions and 3.05 feet for the developed pumping conditions. Therefore, in the developed condition, the water surface in the wetland is at a lower elevation than in the exjsting 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 ofrhe flow and elevation comparison for the tWO year eventS: CompamOD of 2-year Flows/Stage - Wetland Analysis Separate Detention rood and Wetland.. (with weir overflow - n:.¡pgate closed) [worst case scenario) Wetland Existing conditions without existing pumping File name: f23cwet Existing conditions with existing pumping File name: flex2wct Developed conditions with developed pumping File name: fldev2we Flow (cfs) 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 . \WIl.JlIBIT ' 'C')~b.' ... .r\(GE1~OF.JI_. NOV-03-1997 11:49 253 661 8099 '38% P.06 ] J J J ] ] ] J 1 --.--,-~_. ~~~ ~~- ~~JJ ..., "-" 'M' , ......., M"""" t:.^t:.v t'A\':)t. tj/ Drainage System Analysis Revised October I, 1997 Page 19 l Separate Detcotioll Pond aDd WetlandU(with orifice outlct.flap gate open) Existing conditions without existing pumping File Name: 23cwct Existing conditions with existing pumping File Name: 1 ex2wet Developed conditions with developed pumping File Name: Idev2wet Flow (cfs Elevation (feet) 0.211 0.10 1.3\ 0.60 0.788 0.36 Combined DeteDtioD Pond lad WetleodU(with 12" equalizer pipe) {probable 5cellario} Existing conditions without existing pumping File name: tote . Existing conditions with existing pumping File name: totexpc Developed conditions with developed pumping File name: totdevpc Compamon of 100 year Flows/Stage - WetJl&nd Analysis Flow (cfs) Elevation (feet) 0.996 1.20 1.44 2.46 1.20 1.81 Separate DetellfÌoD Pond and Wedandu (witb weir overflow. ß2p¡ate closed) (worst case SCCOSMO) Wetland Existing conditions without existing pumping File name: f23cwet Existing conditions with existing pumping File name: flex2wet Developed conditions with developed pumping File name: fldev2we Detention Pond Regency Woods through detention pond File name: 3abdrd NOV-03-1997 11:49 253661 8099 Flow (cfs) Elevation (feet) 0.90 3.99 3.46 4.00 1.41 3.99 1.51 2.63 ;EXHIBIT t: ,P A G E~ 0 [i~-'~2.~_t.~ 97% P.07 11 J J ] J ] Ii J ] ] J ] ] ....¡ V..J¡ ...).), .......;):;¡ L:::>.j-bbl-bO'j'j ~N~HANI~U ~AKK~ cXtC PAGE 08 Drainage System Analysis Revised October I 1997 Page 20 Separate Detention Pond and Wetland" (with orifice outlet - flap gate oJH!!1) Existing conditions without existing pumping File name: 23cwet Existing conditions with existing pumping File name; lex.2wet 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 Detention Pond aDd Wetland**(with 12" equalizer pipe) [probable scenario) Existing conditions without e)(isting 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 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 stann events reaches 3.99', the weir is able to handle the storm events by overflowing the berm 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 (0 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 I 0 years. Any impacts to Wetland "An from this diversion of surface water have already occufTed. Wetland "A" appears to have been altered from its NOIJ-03-1997 11:50 253 661 8099 ~XHIBIT j PAGE--'2LOF ~ 97% P.08 .. j j j J ] J ~ ~ ] ] ] ] ) I I --- --- -_JJ ~,.~..~,.~..., ,~",.... ...,.,'-'- rl-l~c:. t:)';; Drainage System Analysis Revised October Jt 1997 Page 21 ,,:f\ 'af 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 chemistry and depth of inundation at this time." Ðeteation Pond This analysis is based on using KCRTS and modeling the IO-year design stonns, which is the current City of Federal Way Standards for the Hylebos Creek basin. Since the original detention pond was sized using a different method, a modeling of the existing plat development was perfonned using the KCRTS model. As demonstrated in the wetland analysis 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 me correct scenario. Following is a summary of the flow and elevation comparisons for IO-year eventS. Comparison of lo.-year Flows/Stage - Deteation Pond Analysis Separate Deteatioa Pond and Wedand (with orifice outlet-flap gate open) (worst cast scenario] Existing condition without existing pumping File Name: 23exout Existing condition with existing pumping File Name: lex23rd Existing conditions with developed pumping File Name: Idev23rd Flow(cfs) Elevation(feet) 1.39 2.32 2.19 4.27 1.72 3.15 Combined Detention Pond and Wetland (with 12" equalizer pipe) [probable scenario] 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 EXHIBIT F PAGE 2'1 OF..2.--L NQU-03-1997 11:51 253 661 8093 97% P.09 MJ !J1 ID 31 rn ] I I I I I ( I I --,~~/.~~, .....-..- """... """"'"' '-"-"""'.,.'-~ ,n"""" '-,"--~ .... Drainage System Analysis Revised October I, 1997 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 correct 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 e"isting conditions without existing pumping. When considering the difference of the stage elevation for the existing pumping conditions for the 1 O-year event, the stage is 3.63 feet fur 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 performed by ESM, October 1996, the invert out of the detention pond is at elevation 212.51 rather than 213.00 and the control manhole overflow is 216.28 rather than 217.0 (see exhibit D 18 A & B). In essence the height to the control manhole overflow is 3.77 feet rather than 4.0 feet. Given this infonnation, the staging of 2.61 feet for the developed pumping conditions does not put the detention pond into an overflow situation for a 10 year design stonn. Therefore, all elrntions are maintained below the 3.77 feet of active storage for the I O-year design stonn, and the functionality of the Regency Woods Detention Pond remains intact for the 100year 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 storm, a comparison of the 25 year flows/stage is also presented: Following is a summary of the flow and elevation comparisons for 25-year events. Comparison of 2S-year Flows/Stage - DereotioD Pood Analysis Separate Detention Pond and Wetland (with orifice outlet-flap gate open) (wont case see.Daria) Existing condition without existing pumping File Name: 23exout Existing condition with existing pumping File Name: lex23rd Existing conditions with developed pumping File Name: 1 dev23rd Flow(cfs) Elevation(feet) 1.62 2.90 2.70 5.47 1.89 3.54 ~j{tijBIT t: :~AGF.~~F .22---...- NOlJ-03-1997 253 661 81399 97% P.W 11 :51 ..,~~,.~~' ~ww wV. VV~~ -"~"~.,._~,~.,,'...,....,......'-' , ....""'L. J.J. J ] ] J1 ] JI ] T J ] J( .OJ ]! ~ Drainage System Analysis Revised October 1, 1997 Page 23 1- Combined Detention Pond and 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) 1.34 2.19 2.22 4.33 l.53 2.67 As shown in the table above, the 2S year elevation is 2.19 feet for the existing conditions without existing pumping. When considering the difference ofthe stage elevation for the existing pumping conditions for the 2S.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 ~ put the detention pond into an overflow sj~tion for a 25-year design stonn, and the functionality of the Regency Woods pond remains intact for the 2S-year design storm, even with the proposed pumped discharge for the developed condition from Mud Lake. " CompamOD or lOO-year Flow5lStage - Detention Pond ADaJ}'si, ]1 " To check the adequacy of the emergency overflow elevation for the existing detention pond, a 1 OO-year analysis is provided below. ~ ~ ij Separate Detention Pond and Wetland (with orifice outlet-flap gate open) (worst can scenario) 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) Elevarion(feet) 1. 71 3.12 2.87 5.88 2.05 3.92 1;:' )(HIBIT-.F ,:'.i.\.GE~OF 21_- NOU-Ø3-1997 11:52 253 661 8099 97% P.ll J J J J J ] )" ] J 1. 1. I ~ ~ i j - . ! .- J..J../ U..J/ J. .J-" J.......).;J L...J..) uUJ.. uu.).) '-""" 'M" ,'-v, ...... ",,-' ,-n'-'-' I HUL J.L. Drainage System Analys,~ Revised October I, 1997 Page 24 Combined Detention Pond aad 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 storm. 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 1 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 storm, and can be handled by the existing coonol structure. In fact, the developed condition would improve the existing pumping condition significatly. A field visit to the Regency Woods detention pond was made at 10:00 3.m. on Thursday, January 2. 1997 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 1rn::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 storm 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. 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 1 DO-year design storms without the need for any increase in the discharge flow rate from the Regency Woods detention pond. The IO-y~ar storm event is not Utilizing the one eXHIBIT1 ~, , --"-"~ --- ~"A """ ¡;- -2S?" . - ø2L-"-"" ~ ,~~.;,- i(",~""';,, " ... "", ~~_l,: '0 . . . " " NOU-03-1997 ---..--.-.. ., - - " ,- . 97% P.12 11:52 253 661 8099 J' J J J --- --- ---- Col ''In..... ~ I Cou r 1-11".";:> Co^COI.. t-'A\.JI:. 13 Drainage System Analysis Revised October t, t 997 Page 25 l. foor of freeboard which would be the current design criteria for the City of Federal Way if a new development 3ppticnrion was m:lde föl' l¡i~ :lite. Per the as-built plans on file with King County (attached in AoDendix 0). th... nlltl,., ni th.. M""MI NOV-03-1997 11:53 253661 8Ø99 P.13 EXHIBIT ~ PAGE~OF-Z. "&....\....c:.IVEO 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~r:;~ 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 trom the entire Enchanted ParkslWild Waves site, with the exception of the future phase 2 parking lot which will have it's own wet pond (calculations are attached). The results were determined using the requirements trom the 1996 King County Drainage Manual, and show that the required wet pond storage volume must be at least 212,782 cubic feet. . Using field survey information for Mud Lake. the actual dead storage volume of the Lake below the proposed minimum water surface elevation of 208.0 was determined to be 457,965 cubic feet. The volume of the pond above the maximum allowable depth of 8 feet is 402,876 cubic feet, which is 1.89 times the required volume. In addition to the required wet pond volume, other recommended or required design features trom the 1996 King Couney Surface Water Design Manual are met for Mud Lake with the proposed stormwater pumped system improvements, as follows: . A flow length to width ratio greater than 3 to I minimum is desirable. The actual length to width ratio of Mud Lake is approximately 3.6 to I. The flow length to width ratio for the main inlet from the south end of the park, including the entire south parking lot, is approximately 3.5 to I. The flow length from the north inlet to the lake, which carries flows from the Enchanted Village area and trom the roller coaster area, is approximareiy 150 feet if meaiured . directly, but because the inlet is offset trom the pump intake, the actual flow distance is significantly longer due to the circulation route of the inlet flow, and most likely exceeds a 3 to I effective length to width ratio. . The wet pond portion of the combined detention and wet pond shall consist of tWo cells. In effect, the entire Mud Lake will act as the flfSt 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 -r Mr. Jeff Pratt. P.E. October 27, 1997 Page 2 of 2 . 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. I[you have any questions, please contact me. /'21£ / , / ' 2/ .~ STEVEN D. KITTERMAN, P.E. Senior Project Manager ..¡. attachments cc: Jerome L. Hillis - Hillis Clark Martin & Peterson documcntll6JO31~a EXHIBIT_,€c,"c. PAGEn(" ~.a' .' ~ ' 9 I ~ i n :i ~ ui .. 'l:JiJ~ 111\'11 "o."",:ou,',o.,:v,C,'" ~ ",0....:,,;,,]"" :F' : . ' , N'f1d 3.1JS NO\SNVdX3 .1.01 Ii>NI)\\JVd S3^VM 011M ; .. "co"" ['°']]"0."1\'."""'.""" (00" "~~~:~H~':',:':,;:]~~~ -,---""-~.....~-'_. 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EXH I B 11 -L- PAGE--' ()~~' " -- - """""'1IOUNIWIY-ENCHAHTm-1 '3 "".~;:,~f' c:J ~ - J;// ¥a:¿===-C--==- ,=::-, \, 0,' - ,:/ "" 0 0 0 0 0 /'> -_c.-- ,..,", "Q,"-~',,~,,:--,----,/, V \::; , -' - - -,' ,'", ~ 1) R.. ):> It G» m~ , ~:":,I~'~¡r~ ' .ß.ililJ4!l~II: r-- --::(: "", .."" ,/ "---', _/ , . .~:=; - ~ , ~.,'Qi(:? '- (-, ,J . ~ . I ;. 7 '..../ I }' _~(I -'lJ \ (':" J' ""-, -? ;'.'.:' , ; ¡- .. C~'~=.¡ "'- --Z7 )':.~"::--""" LOCATIONS IN ALL AREAS ARE APPROXIMATE AND ARE HOT INTENDED TO UMIT mE LOCATION OF SUCH USES ENCHANTED PARKS ~XATlœ ENC><ANTED PARKS. INC. }ó201 ENC><ANTED PARKWAY SO.JT>< FEDERAL WAY. UJA "\8ØØ} (g~~.~~?it J lDEVfElOPM fEU\!] 1 ACT~V~T~ES "'='.Cl, MR TODD ~C><)\N 1206J&ól.eøØð I -~C::'::'~'=';;= """"-;: - -=- -=. ~ ::;-- - ::;;:- --::::: --: 'E=-:' --= EXHIBIT« - .. .. ~ Christopher Brown (!f Associales 879 Qainier Avenue No. ðuile A-201 Qcnlon. \Y/ A 98055-1380 (206) 772-1188 Fax 772-4321 Mr. Jeff stock Enchanted Parks 31919 1st Avenue S. Suite 100 Federal Way, WA 98003 August 26, 1994 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 site. However, with "employees" and "acres" as independent variables the data could then apply to any similar facility. Further, since you know your ticket sales by day-of-week and month-of-year you can also estimate traffic demands by ratio. If you have any questions, please call. Yours truly, tfQl~ jjh/CVB encl. EXHIBIT ~--,. PAG E , OF.I ) l '--' Traffic t:ngineers 65 Transporlation Planners EXHIBiT !( .. .... .... .. .... ..' . . . . . .. . .. .. . , . . . .'. . . .. .'. .. .. ..' . . .............. ....""" .-. ............... ... .. . . Enchanted Parks Traffic Volumes . .. Daily Volumes 2,360 Saturday Sunday 8/13/94 8/14/94 2,563 1,929 .. Period Friday 8/12/94 . .. . .. . . Peak Hour Traffic Volume (Site) .... .. . AM Peak Hour (11 :OO-Noon) (in) (out) . .. PM Peak Hour (7:00-8:00) (in) (out) 513 523 135 123 111 138 520 662 408 77 .. .. . . .. . . 51 510 .. ... .. . .. ... Peak Hour Traffic (Adjacent Street) .... .. ..... .. . .... AM 7:00-9:00 (in) (out) 27 22 NA NA NA NA . . ... ..... ..' . . .... PM 4:00-6:00 (in) (out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ote: Occupant to vehicle ratio = 2.5 EXH I B IT -'-._.~.__. PAGE~OF_5_..__. ) ~ Christopher Brown (çf Associales 879 Rainier Avenue N.. Suite A-'201 Renton. W A 98055-1380 (206) 77'2-1188 Encharl~ðd Village Friday's Traffic Volumes 600 500 (j) 400 (l) E ::J 0 > 300 () ~ ro '- ~ 200 100 0 6:007:008:009:001 0:00 1 :OQ 2:001 :002:003:004:005:006:007:008:00 (am) TIME (pm) '. 1- Inbound ~ Outbound I .. --.... . J :V) , :' ~ ( ......' ;0 '-, w ø ~ Enchanted Village Saturday's Traffic Volumes 700 600 500 \. If) <1) E :J 400 .0 > () ~ 300 (\) \... r- 200 100 0 7:00 8:00 9:0010:0011 :002:001 :00 2:00 3:00 4:00B:00 6:00 7:00 8:00 (am) TIME (pm) , 1- Inbound ~ Outbound I 1tJ. I'~~ ! L , --- ..,;J Enchanled Village Sunday's Traffic Volumes 600 500 (j) 400 Q) E ::J 0 > 300 () ,- ~ (1j I- ~ 200 100 0 6:007:008:009:001 0:001 :002:001 :00 2:003:00 4:005:006:00 7:008:00 (am) TIME (pm) 1- Inbound ~ Outbound I -" ..-' A r ", ~ J ,U EXHIBIT L , -"'" B-twelve Associates, Inc. EN CHANTED PARKS CITY OF FEDERAL WAY WETLAND ANALYSIS REPORT ;~.\ ! PREPARED FOR , MR. JEFF STOCK ENCHANTED PARKS, INC., 3 60 1 ENCHANTED P ARKW A Y SOUTH FEDERAL WAY, WASHINGTON 98003 J , BY , B-TWELVE ASSOCIATES INC. 1103 WEST MRRKRR. STREET, SUITE C KENT, WASHINGTON 98032 APRIL 20, 1995 (JOB #95-108) EXH I e ~f'"'~ La ~.,-- --, '-, , PAGE._' ~'1 1103 West Meeker Street, Suite C . Kent, WA 98032-5751 . (206) 859-0515 . Fax (206) 852-4732 ~ -i -<S 1 J 1 1 ó -~ J I I ~ J . - J I I ') J I J ., 1 J L¡ L:J ~ J B-twelve Associates, Inc. EXHIBIT. L PAGE 21" -- ENCHANTED PARKS CITY OF FEDERAL WAY WEILAND ANALYSIS REPORT 2.1 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 "An, also known as "Hylebos. Creek 34". 2.0 METHODOWGY Ed Sewall of B-twelve Associates, Inc. marked wetland edges on February 10, 1995. A combination of field indicators, including vegetation, soils, topography, and hydrology were used to detennine 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 ESM Inc. (see Exhibit B- site plan). Wetlands on the site were identified using methodology described in the Federal Manuol for Iden1ifying and Delineating Jurisdictional Wetlands (Federal Interagency Committee for Wetland Delineation, 1989). This is the methodology currently recognized by the City of Federal Way for wetland detenninations 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 Delinea1i.on Manuol (Environmental Laboratory, 1987) - The 1989 Federal Manual requires the use of the three parameter approach in identifying and delineating wetlands. These parameters are a predominance of hydrophytic vegetation, 1103 West Meeker Street, Suite C . Kent, WA 98032-5751 . (206) 859-0515 . Fax (206) 852-4732 --- 1 '1 "l ,- 1 1 , -.Å ] J J I':) J) J I ~ 1 1 -' i J l i -.i f J (-) 0 ,À.J -~ 1 J Enchmued ParkslFederal Way/Job#95-108 B-rwelve AssociaJes, Inc. April20,1995 Page,page EXHIBIT-L PAGEJ(21 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 status 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 detennined by using the Munsell Soil Color Charts; iron oxide mottles; hydrogen sulfide odor and/or other indicators. Wetland hydrology Í5 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 evallUltion for Enchanted Village/Wild 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 "AN would slowly flow through the wetland to the south where it meets a berm. Water within Wetland" A" then discharges into the Regency Woods detention pond. The culvert from , Wetland" 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 fanned in glacial deposits below conifers. Both wetlands on-site ("Hylebos Creek 26" & "Hy1ebos Creek 34 ") are mapped as containing the Seattle Muck (Sk) soil series. The Seattle Muck soil serjes is made up of very poorly drained organic soils derived from sedge material. These soil UnIts are typically found within depressions and valleys in the glacial till plain. The Seattle Muck soils are listed as a "hydric" soils according to the publication Hydric Soils of the United States (USDA NTCHS Pub No.1491, 1991). 1 i i - ! 1 1 j I I I """"', .". } , 1 -~ I I , I ! ....J I I 1 I I ....J If) )..J j EnclwnJed Parkr/Fed.eral Wcry/Job#95-108 B-rwdw: ArsociaJes, Inc. April 2O, 1995 Page, page EXHIBIT ~.., P A G E-f- 0 f27, 3.1.3 Wetland Inventories According to the National Wetlands Inventory (NWI) map for the site, a single wetL:md (Mud Lake) is depicted on the site (see Exhibit C). This wetland is mapped as containing both emergent and aquatic bed wetland classes. According to the King County Wetlands InvenJory, Vol. 3 South 1990 (King County 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 inventoried (see Exhibit E). This wetland is located within the Regency Woods subdivision and is inv~ntoried as a Class 1 wetL:md according to the King County criteria due to its bog characteristics. ' 3.2 Wetland Observations \ Our field observations confinned 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 vegetation persists on the southern end of the wetland. Cattail (Typha lotifalia), reed- canary grass (Phalaris arundinacea), willows (Sala spp.) and hardhack (Spirea douglasiž) 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 stormwater 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. This pumping technique has been an on-going operation for approximately the last 10 years. According to the US Fish and Wildlife wetland classification methods (Cowardin et al. 1979), this wetland contains the following wetland classes; PEM1G (palustrine, emergent, persistent, intennittently exposed) and PSSIG (palustrine, scrub-shrub, broad leaved deciduous, intennittently exposed) and POWH (palustrine, open water, pennanently flooded). 3.2.2 Wetland "A" - "Hylebos Creek 34" Wetland" A" is located along the south fill slope for South 369th Way within the Regency V(oods subdivision and is approximately 1.5 acres in size. A culvert under South 369th Way dIscharges stormwater 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 benD and enters a vegetated detention pond. This pond has been designed to back up into Wetland" À" as described in Section 3.2. -.. i ,! ..i ., \ '-, i J I l , ì ,J I I I ...- ".. I ,-; :_J I , e . : t' . ) " )J EnchanJed ParkslFederal Way/Job#95-J08 B-rwelve AssociaJe.s, Inc. April 2O, 1995 P i age, page -,' EXHIBIT 4-, PAGEiO~'c~_~7 Wetland" A" has been inventoried and described by King County as a "bog". The inventory sheet for this 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 (Sphagnum spp.), Labrador tea (Ledwn groenlandicum), bog laurel (Kalmia occždentalis) and cranberry (Vaccžnium oxycoccos) has been greatly reduced. CuITently, only a small area (approximately 4,OOOft2 in size) located in the center of the wetland retains this 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 obnupta) in some areas and mixes of manna grass (Glyceria spp), fueweed (Epilobium angusdfolium), water parsley (Oenan.rhe , sannentosa) and cattail (Typha lan/alia) in the wettest portions of the wetland. Western crabapple (Pyrusfusca}, willows (Saiix spp), alder (Alnus ruhra), cascara (Rhamnus purshiana) and hardhack (Spirea Muglasiz) are present in the scrub-shrub and forest plant communities throughout the wetland. The exception to this 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 ~co,"munity. ' Hydrologic inputs to this wetland appear to be direct precipitation and overland flow in addition to stormwater flows through a culvert into the wetland. Hydrologic outputs from this wetland consist of evapotranspiration and flow out of the south-end culvert. ' " According to the US Fish and Wildlife wetland classification methods (Cowardin et aI. 1979), this wetland contains the following wetland classes; PEMIE (palustrine; emergent, persistent, seasonally floodèd/saturated) and PSS1E (palustrine, scrub-shrub, broad leaved deciduous, seasonally flooded/Saturated) and PSS3B (palustrine, scrub-shrub, broad leaved evergreen, saturated) and PFOlC (palustrine, forested, broad leaved deciduous, seasonally flooded). 4.0 FUNCTIONS AND VALUES 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 stonnwater; water quality improvement; hydrological support and various cultural values. Each function can be scored high (3), moderate (2) or low (1). The mean of these scores gives an overall rating for functions and values for a wetland. Re~ults of the RAJpert analysis indicates that Mud Lake has a low overall function and value ratmg. This low rating is expected due to the total isolation by development and bulkheading of tile 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. ] "l \ , -' I 1 .., f .J I I I --- , 1 , l '~J I I 1 1 J I ( , \ J I /-, - ~ ¡..J . ¡ ~ Enchanted ParkslFederal WayIJobIl95-108 B-rwelve Associates, Inc. April 2O, 1995 Page, page EXHIBIT La P AGE -' 0 F .a ~1-' ----~-.- 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 paneling 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 occun-ed. Wetland" A II appears to have been altered from its 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" 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 II are defined by lots, roads and the detention pond. ' In addition to the City of Federal Way wetland regulations previously described for wetlands and streams, certain activities (filling and dredging) within "waters of the United States" may fall under the jurisdiction of the US Army Corps of Engineers (ACOE). The ACOE regulates all discharges 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 Pennit process. However, the Corps has requested that all consultants refrain from making recommendations as to whether a wetland is isolated, headwaters or adjacent. These detenninations can <?nly be made by the 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 - thc? ~ederal manuals (1987 & 1989). Depending on the history, drainage modifications and eXlstmg conditions, NRCS may detennine that some wetlands are considered "fanned :ve~ands", "fanned wetla.r;.d pastu~es" or "prior converted croplands". Areas detennined 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 detemúnations can only be made by the Corps and the NRCS. As previously noted, the City of Federal Way regulates ':'! 1 1 , \ i J 1 1 -, , j I I I J --) i ,--' I f 1 . J f f f ! I /') <, \ l} . ,I Enchanted ParkrlFederal WayIJobIt95-108 B-rwelve AssociaIes, Inc. ,April.20,1995 Page. page . , jurisdictional wetlands according to the 1989 Federal Manual. The City Code does not specifically exclude "prior converted croplands" from regulation. Therefore, the City of Federal Way may continue to regulate wetlands that are not regulated by the Corps. , '. , , , If you have any questions regarding this r~rt, please call us at (206) 859-0515. Sincerely, B-tWelve Associates, Inc. .4?" ~ Ed Sewall Senio~ Wetlands Ecologist Füc: Edm I œw A..doc . EXHIBIT ~, PAGE---'-Oi~ 2" ) , -, 1 f 1 ., I J 1 1 ; .J I I I )" J ' ".~ , ¡ 1 . j I" ~'} l) Endz.anred ParkslFederal Wcry/Job#95-108 B-twelve AssociaIes, Inc. April 2O, 1995 Page 7 " REFERENCES . . 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 and Wildlife Service, FWS/OBS-79-31, . Washington, D. C. Enviro~mental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1. U. S. Army Corps of Engineers Waterways Experiment Station, Vicksburg, :Mississippi. Federal Interagency ComTIÚttee 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 of our understanding. Amer. Water Res. Assoc., Minn. MN. 674 pp. Hitchcock, C. and A. Cronquist. 1976. Flora of the Pacific Northwest. University of. Washington Press, Seattle, Washington. . King County 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., Jf. 1988. National List of Plant Species that Occur in Wetlands: Northwest (Region 9). 1988." U. S. Fish' and Wildlife Service, Inland Freshwater Ecology Section, St. Petersburg, Florida. Reppert, RT., Sigleo, W., Stakhiv, E., MessI11an, L and C.D. Meyers. 1979. Wetland Values: Concepts and Methods for Wetland Evaluation. USACOE Institute for Water Resources Res. Rpt. 79-RI 1000p. Steward, A. , L Dennis, and H. Gilkey. 1963. Aquatic Plants of the Pacific Northwest. Oregon State University Press, Corvallis, Oregon. U.S.D.A. Soil Conservation Service. 1988. Soil Taxonomy. Robert E. Krieger Publishing Company, Malabar, Florida- fXHIBf,¡ ---,'/- PAGEJ .('a'.,.. ;1 :-1 -, J , : . " .J 1 1 " j ] I I ~~ , -- ) '? 4 .,.J I I J J ) ] ¡ ("'\ 1) ..¡ ) NORTH ~ EXHIBIT A ~ Vi~ FS > « s 3m " , ~ with pcrmWioa gn.ntal by THOMAS BROS.. MAPS. This map is copyri&htal by mOMAS BROS. MAPS. II u unlawful IX) C1:1f11 or rcproduc:e ill or any pan thereof. w!Icthc:r for pcnoa:ù \UC or =I.e, without pc:miuion. B-twe.lve Associates, Inc. Ecological Systems Design dt Management 1103 W. Medc.a' SL. Suite. C lú:nt. WA 98032 (206) 85~5l5 Fa.x (206) 852-4732 Job#.. ~/ð8, J Drawn by: /Þ.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, TOWNSHIP 21 N., RANGE 4 E., W.M. - ~. ~ EXHIBIT B: ¡ -." ~ ~:;.. I I ~ '" ~~".~~ . l~ '" ~, ' --, --r-~:;: ....... :!, ,! ....... ~~~ ~ :: ',',' r- : \ ( x '" ~ x / ~ "< ~ '- ~ ~ ; , -- ~ '~/ Õ ~ x,... [ ;; ,,' > :;:~./ ~>'J ~ ~', ;.~ I> - ~~ F. ¿ ~ // '~"', ~ ~'., ; ~\ ~ t - - - ~ ,IS. ./ (~ -",\---------- ~x~,~ ',~,', .-J: \, ' ::: ~ - --.I / ~\ ~N" '. """ ~ , \, ~\ ~ r // ~,x '~, " -....-. ", ,. ~ \ II:..">"'.,.~ ,v, \\\~\ ~ ~-------¡ -; ~\~":-,,, r ~ ,'a . '¡ " \ ~-" > - / ~ x \ ~ \ ,C:: ~\\\:;\, \,~' 8 / I \~ Z '~ --:; :!, '. ~~ ~I\\ -, '. \ - -..;:~, ~\\,I= \~. ,,'.1 \ ~ . \ ~ ~!' ;"'" \,1" , I ~ - > , ,r 01 i I \ ' ~/~ '2 , ~'\ ;:; \ " ' r¡;; ìJ -""':s ìl'~ ',' ~ I \ : \ ~','IJ w.a :~ L,. ,\ ~ ............... I : WETLAND "A" : ¡ 1/,' ;' - W ~~ \ '\ " " ~_I (mEEDS CREEK ~4) :,' ~'! / % 1'" ~ I , " ('~, ,/ = ;:; / ----1, /;' ;:; >< '-' ~ ",' , / /",l,. ,., :,\\\'" ' ~,:! ,/ :s,// ,/r///;, ~ ~"-:I :! ',,:! ~ ~, . ~ / /' /' ;¿-- / / ~w ~ ~ ~, ~:., x , > ///, - n- . 'ij:', ", ~~, \ ~ : -------r. r ;/'--,--" / / ~,' L.I... '\ '" "', '" "','--., r -"-'" ',::: ;:¡ ~;;//" n ','," '- ~""" ',~ 3 ~~ ¥ ' ',- "',- ........... "- ", - (,t > ~ /'.' >: "', "'" ....... ~"", ~ ¿ ~ /.:;; . " " ,,"-.., "" ¿ "" ~~ ~ ",', '" /' ~ "', "~" """'" ~ > ./ ~ ",. >" ", ;: ~./ ,,~ ........... ;; :. ,"," > ~ "t ~ " ~ ~ --- .'~ -=..- , L ~ ----<' . ............. .. - "t :: 8.t...I.. A1>oci.t.., Ine. 0 ~ ~ EcotoljCoJ Sy"em, Oui&n « Man,cemen, 110) W, 101..." 5,.. 5."" C . K,.. WA 910)2 ;0: ,1O6\1)9-<I!I) F"t:O6\ 111-'1)1 E ~ 0 ~ NORTH .) '" ;J ã - In Î! I ¡ I ENCHANTED PARKS \I ESM Inc, : I ¡ t , ' ;, ""--""--~' -- . 1 , , ¡ ENCHANTED PARKS - '400- ... AV("'" '0., owc. . j , . t "'Ot..... WAY. ""'"'"CION '000' . . ¡ r í ¡ ,.... COUHtY WET\.NID TOPDGRAGHICAl w.P ."""""'Of< ..0Nt, (>°" 0"-"" ~--- I }O "0 }O 00 ENCHANTED PARKS CITY OF FEDERAL WAY, WA SCALE: 1" . 4()' CONTou=I NTEFlV AL . r DA TIM: KCA.3. loblt: '(S-/OB DaIe: -1"2</,'" Drawn by: hf'ç Scale: /""'+0' Revised: _Checked by:- " (""" 0.""" . . I \ -', r',<~ \.. -.-: .~ 1 "' .. \ J , ..., ¡ :1 I I I ~ '. . ì .j I I . NORTH ~ i- I ,r) ) .'. -' II EXHIBIT C: ~ Job#: 9S-/P8 Dafe:3-/5-95" Drawn by: ¿,k.5 Scale: ,y,-<:. Revised: Checked ,by: ENCHANTED PARKS CITY OF FEDERAL WAY, WA ."! 0"1 """; if 1 1 I -- 1 I 1 I .. .,j I 1 '.1 ... i 1 1 ì - ~~XHlBrT D : ".. . . } .,- < f....- J: . ~ '." ,,"c,. ':"~ -::'5.$. -.. _.~. "!; - ~- Scale: 1" = 500' N-< Photo Date: 05/01/80 'WETLAND: Hylebos Creek 26 coMMUNI 1Y pLAN AREA: Federal Way BASIN OR DRAINAGE: Puget Sound LOCATION (S,T,R): SW-SW 28, 21N, 4£ ACREAGE: 2.1 CLASSIFICATION: SENSITIVE AREA 1v1AP#: 6 Fish & Wildlife Service Common Name PAB4 Palustrine Aquatic Bed Floating- leaved (YeHow Pond Lily) Palustrine Open Water Open Water POW Open Water EXHIBIT '- P AGE .Li-«~A'a' ~. W,ù""d boundari" sbown "" ,ppCO'"""" F",u", fidd studi" J o",,"'<y to "'~mn tho "tu'¡ d,lio",;on of the weùand according to the Fed.£ral Manual for Id.£ntifying and Delineating Jr.uisdictional Wetlands. ... i ,', r ì liTE: '!J .., i :1 OBSERVE~ SPECIES (refer to Appendix 1): l -. Trees: AR PT . . , I , -J Shrubs: MD SX SD Herbs: NP OS PH PP TL UM j 1 Sedges/Grasses/Ferns: AX Birds: MA RB MW SS . Mammals : Fish: --, i I ..;3 Other: BF J HYDROLOGY: I I Inlet: Type: Condition: Outlet: Type: None. Condition: Not observed. - .:) Òutflow enters: None. <) Water movement through wetland: Observed water quality in wetland: I ~XHIBIT D . .. Hylebos Creelc 26 .: ) SIGNIFICANT HABITAT FEATURES: Severa11ogs mixed with floating aquatic beds. 1 ~GENERAL OBSERVATIONS: Mud Lake. Some freeway noise. ~TLAND RATING (see Introduction for criteria): 2 I 1 .J J (-') ()~: j EXHIBIT I.. P AGE 13- C~ ;~~.~~~ ¡ Species listed arc only those observed during field vis.Ïts. Further field studies arc necessary to obtain a complete list- including rare, threatened, and/or endangered species. J -' j 1 1 i - 1 I I I J J .. ; , , 1'-). " ")HE: /") <) ~~~ J I " :r Ni Photo Date:: 05/01/80 Scale: I" = 500' Inventory Date: 06/10/81 WETLAND: Hylebos Creek 34 CO MMUNI1Y PLAN AREA: Federal Way BASIN OR DRAINAGE: Puget Sound LOCATION (S,T~): NW-NW 33, 21N, 4E ACREAGE: 1.4 CLASSIFICATION: SENSITIVE AREA MAP#: 6 Fish & Wildlife Service Common Name PSS3 Palustrine Scrub-Shrub Broad- leaved Evergreen (Labrador Tea) Palustrine Scrub-Shrub Broad- leaved Deciduous (Red Alder) Bog PSSI Bog '.'~"~fU'B -~~-j'\~n IT .. ,:JAG E Æ G J~~¡i-.- Wetl:wd boundaries shown are approximate. Further field studies are: necessary to confmn the actual delineation of the wetland aceürding to the Federal Manual for Identifying and Delineating Jurisdictional Wetlands. 1 1 OBSERVED SPECIES (refer to Appendix 1): "t I f Trees: PM AR rp Shrubs: GS KG LL RP SX SD VG VP ! i .l Herbs: I 1 SedgesfGrassesjFerns: PX Birds:YW Mammals: Fish: ""\ 1 Other: I HYDROLOGY: I I Inlet: Type: Condition: Outlet: Type: None. Condition: Not observed. . .1'") Outflow enters: NcI1e.. . . i..J Water movement through wetland: . . I Observed water quality in wetland: I SIGNIFICANT HABITAT FEATURES: , \ ; GENERAL OBSERVATIONS: Hylebos Creclc 34 .' Well developed bog containing high Sphagnum hummock with dense Cranberry. Some freeway noise impacts. " I WETLAND RATING (see Introduction for criteria): 1 (d) , 1- f~.~l . ~ ..(J EXHIBIT. '- P A G"E.15-- ¿~~ ".-'..12- } Speåes listed are only those observed during field visits. Further fic:ld studies are neœssary to obtain a complc:tc list including rare, thrc::.atened., and/or endangered speåes. :, 1 :J: .. I , < . /-) /) ) .., NORTH Ö EXHIBIT F: Soils Map ". " ' -è'"': . .~ ~ ~w . '-." I EXHUfjjT L I -B-.twelve Associates, Inc. P AGE I.., 0 Fa.. Ecological Systems Design & Management ~..J)03 W. Mccker'SL. Suite. C . Kent. WA 98032 (206) 859-0515 Fax (206) 852-4732 Job# : C?S-/o8 Drawn by: ¿:J¿5 Revised: Date: 3-/3-9S"" Scale: ~#-<- Checked by: ENCHANTED PARKS CITY OF FEDERAL WAY, WA '4 . 1 2 -, .- J 1 -~ ] I ] - ~") : .J I ~ 1 1 J i ) l I J J ("", .) " "" -t ,. 1 ¡ NORTH ~ L " ,2..7~- .::t:;',j;,;.:' ,f.;' .~:i?ijr,'r::f{ ..' '" . '.'.. ~~~~;:~f~~it~:"~:In~ s ~ Ulldetec'miued Ecological Systems Design & Management a- 3 1103 W. Meeker St.. SuilC. C Kent. WA 9&032 (2ú6) 859-0515 Fax (206) 852-4732 Ut ,eI r ~ ..... . . . . . --- Job#: fS7'O8 Drawn by: fk.5 Revised: Dale: 3-/3-?S' Scale: ,v'þ~ Checked, by: ENCHANTED PARKS CITY OF FEl)ERAL WAY, WA ~ 1 .-f j , . . j 1 -: ! .J I I I /) I .. '\ 'J I I 1 J I I ; I -' 1 /) f ") .. FUNCTIONAL CHARACTERISTIC (Rep'pert et al. 1979) Project: £ct.AJf<J ?--kJ Wetland: /11v'¡ LA/1¿ Date: 3-22-4S"" NA TURAL BIOLOGICAL FUNCTIONS Food Chain Production 1. Net Primary Productivity - 10....- 0) 2. Mode of Detrital Transport - /00../ ()) 3. Food Chain Support - /out/) k"=- I Generalized and Specialized Habitat This characteristic is evaluated primarily by completion of Habitat Evaluation Checklist 0 VVt~ r-..f;t---'7 /4 .../ (I) ><=-/ AOUATIC STUDY AREAS. SANCTUARIES OR REFUGES This area is not used as an aquo.tic study area, sanctUary or wildlife refuge. HYDROLOGIC SUPPORT FUNCTION II 1. Hydrologic periodicity - /,6 /~s.+r':4 /ø'-J Ó) ,~,I... r< 2. Location or elevation within wetland system - I!.dJq/ ;.....-(1) x-I SHORELINE PROTECTION 1. Vegetation characteristics .... A. Type of wetland vegetation - S~b~ 1.....(1) B. Density of vegetation (%) b7"/p /"'~ /]) x=, 2. Areal extent - /", >-./ Ó) ><-4 3. Fetch - /..- '-' (v 4. Cultural development - ., t vt1:¡ "'j A 6) ;x== /,. ~ STORAGE FOR STORM AND FLOOD WATERS 1. Flood storage factor - S -"20 ~ of ,,",,~r--sU ,.o.¿, (7) 2. Flood retardation factor - 0---'" ~/" /4 .....,(v )< -> /,;;- E} ~H¡ ¡ - L ',. PAG '8 . .._...~) , . j 1 i -. I -, j 1 1 -., ; .1 I I I /- '\ J , ,) I I 1 , J I I , ! J j .~ '-~ £Ç~c~-v'¡'(d ,/J -- ks /'v1v) J-...kL NATURAL GROUNDWATER RECHARGE 1. Groundwater recharge area (% of total watershed) - J-" '-" (!) x.::=- \ WATER PURlFICATION FUNCTION 1. Wetland Type A. Hydroperiod - f../~)v.."-<. /".....0) 'K" .::::- I B. Vegetation density - 2<>-S"8 ro' Iu..-Ið) , 2. Areal Relations A. Total area - ¿ ."'..ur'¡ 1.,....-(1) B. Proportion of open water - » ?-5"'"'1.. Iv d.1) C. Proportion of total water volume through system - ~ ¡,~6 ) D. ~ day BCD luddlil~ ~ x== I.?- 3. Geographic and Other Location Factors /-;) A. Frost free period - > ~S?:> /., ~ j....; '-.0 B. Area not strategically located with respect to waste sources or other water supply intakes - b,,1...... "'.'" -¡?"..,.¡- I. "'~ --- r:;- ...-.., v x - l. >< .:- J, -:¡- CULTURAL VALDES COMMERCIAL FISHERIES /1/4- RENEWABLE RESOURCES AND AGRICULTURE /l/ A- RECREATION X =7- AESTHETICS X=-( HISTORICAL OR ARCHEOLOGICAL IMPORTANCE /1/17- HABITAT FOR RARE, RESTRICTED OR RELIC FLORA OR FAUNA >< ==- I OTHER CONSIDERATIONS SUMMAR Y AND CONCLUSIONS ov~ J) r",.)¡;...,¡ ::- /')7- /ow ~XHI~Yï~: ~ t:. l" ..-......-¡--:- PAGE 14;~' :~.__..~2- ~ t .. 'I ~ J ] 1 ! --' J I I '-') :.) I j 1 J j ] J J ~) "J J I J , F1JNCTIONAL CHARACTERISTIC (Reppert et al. 1979) Proj ect: E,~~¿;t.J{) I'~lfr Wetland: JI., k /)(IJ 3 Lf - ?-¡d1_) 'it "Date: 3':22-'~ NA TURAL BIOLOGICAL FUNCTIONS Food Chain Production 1. Net Primary Productivity - /" ¡,.J (/) 2. Mode of Detrital Transport - /,-./(;) 3. Food Chain Support - ".,.) (z) x;- /. 3 Generalized and Specialized Habitat This characteristic is evaluated primarily by completion of Habitat Evaluation Checklist (/ v vr ,..,U /ì; h-) /0 o.J - .......,.,.~..... ~ AOUATIC STUDY AREAS. SANCTUARIES OR REFUGES This area is not used as an aquatic study area, sanctuary or wildlife refuge. HYDROLOGIC SUPPORT FUNCTION 1. Hydrologic periodicity - b"'J /ø..., (I) 2. Location or elevation within wetland system - 1'.!o/~,I.,,'¿ (;) x==- /.0 SHORELINE PROTECTION 1. Vegetation characteristics A. Type of wetland vegetation - B. Density of vegetation (%) 2. Areal extent - 3. Fetch - 4. Cultural development - ¡VA STORAGE FOR STORM AND FLOOD WATERS 1. Flood storage factor - ..( 5%, "f" <--"o+.v<t:W 10 ",C\) 2. Flood retardation factor - >3ð P), J..:,~ 6\ >:=2.0 EXHIB" .- ~_,L-_-.-- PAGE-'O ,.,,- '11 1 J -. 1 - .~ J 1 : .J I J I /'- .. ." } '\~) I 3 ., , j I J 1 J J "j r") 1" ~- " i I .J I £ '" .::i;1!:::z4 "" '..:.; -Ivtt:J;q hA A ks II ~ b I /\-(/ A-./ C c;....,- -L-, t 05 I NATURAL GROUNDWATER RECHARGE 1. Groundwater recharge area (% of total watershed) - >¿-::o WATER PURIFICATION FUNCTION 1. Wetland Type A. Hydroperiod - /(11../ (J) ¡.",t..!3> ")<=7.,0 B. Vegetation density -~:<. 2. Areal Relations A. Total area - /,4.., l.s"-J (J) ) B. Proportion of open water - h'1hÚ C. Proportion of total water volume through system - >5õ"A ;",:.ó) -Ð. 9{, MY DCD loaJ~_Hg- x'=;- 2,3 3. Geographic and Other Location Factors A. Frost free period - ~2::;?;J .,.I~.; .I..;L...6) B. Area not strategically located with respect to waste sources or other water supply intakes - 1.J,- ----- c.F ---;::-/""-+ (2.) ;X=2,.~ ~~3 CULTURAL VALDES COMMERCIAL FISHERŒS /?//l- . .. RENEW ABLE RESOURCES AND AGRICULTURE /vl}- RECREATION L,w - "'""w,y~ x-=-I,:; AESTHETI cs hi; ~ x-=- ~ HISTORICAL OR ARCHEOLOGICAL IMPORTANCE /V-4 HABITAT FOR RARE, RESTRICTED OR RELIC FLORA OR FAUNA 811 h -;;-3 OTHER CONSIDERATIONS SUMMARY AND CONCLUSIONS ~ dI r,.1Í~ 7 -::::- /.?S / 1"1'"1 " þ~ EXH¡----""-' . -L-_- PAG: :21 ,.,-- . i ~ - . --¡ j 1 ¡ ., 1 I I r' J \) I I ì -' I I ¡ ; /':') 'J '-... - J ROUTINE WETLAND DETERMINATION DATA FORM . (Federal Manunlfor Identifying and Delineating JurisdictWncl WetImlds, January 1989) B-TWEL VE ASSOCIATES, me. Project: E~AJld p~ Jobl/: '15'-/08 Investigator. Ed Sewall Date: 2.-/0-CfS- Jurisdiction: ¡::-~.. I ~'" State: /#11 Sample Point #: DP# ! Wetland: , Atypical areas analysis: ¡V'o Problem areas analysis: ¡V'o VEGETATION Dominant plant species 1. ~..../..A-_,,\ /"1..VVZúJ); , 2. o~,..,/..,..,... ("£"<AS,..ç.,....-.-r 3. (;.ø""If7..?.... st-....//",...., 4. /'o'..-rhd..--. ",",v,.-,:¡'vr- 5. / 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Indicator F-¥- U ,F~u /"" /H. v FA£.t./ Coverage % Stratum T S .s H % of species OBL, F ACYl and/or F AC: Comments: 0 Hydrophytic vegetarian criteria mer: Yes ~Marcinal SOILS Mapped Soil Series: D~th(O in) ~in. ~in. -~. 1Il. Indicators present:_histosol,_hÏstic epipedon,_sulfidic odor,_aquic moisture regime,_reducing conditions, ~l~yin~,_~n~retions-,::--~ surfi~ial organic content..,-o,rganic streaking,_mottling Hydnc solI cruena met:~ BasIS: NO / ~,,):c< Tl:Jd Comments: A-/kw",,~ Matrix color / DY (2.. z 'Z- / Oy(Z .3 On Hydric Soils list?: Yes ~ Mottle color Drainage Oass: /11 V.J:D Tex '....-FF c;:.,.....rt:II- <'~... " HYDROLOGX . In~dated:-Y&;P Depth of Standing water. Saturated:.xÆ) Depth to saturated soil: Ind¡c:¡tors present:_inundated,_satUr:ited upper 12. ,_water marlcs,_drift lines,_sediment deposits _drainage pattems,_Oxidiz.ed rhizo~eres,_water stained leaves Wetland hydrology criteria mer: Yes iN Basis: #(i ;:""/'-'II-hr.s Comments: SUMMARy OF ~ Hydrop~ytic vege~on:~\ Hydric soi1s:-TIß) ...,._~~d hydrology: Y&b Data pOll1t lTU!ers tk criteria of a jurisdiaionol werland?:~ COMMENTS: L , --.._- -.¡-' h.lo: .,¡doW9.ooc E» PA( 2~ -. i -;a , t \ ----- ; J 1 1 J I I I ".--'- . ) ,) I I 1 I J I I 1 J ~ ¡ £ r'-", .. ) , ,) -- -' I I J ROUTINE WETLAND DETERMINATION DATA FORM , (Federal Manunlfor Identifying and Delineating Jurisdictional Wetlands, January 1989) B-TWEL VE ASSOCIATES, me. Project: Ev~,....¡¡..~j ¡:' --Lt r Jurisdiction: t=~..1 \tJ~ A typical areas analysis : ~ ð Problem areas analysis: ,vi> JoM: Cf-1-/:J4 Investigator. Ed Sewall State: h/~ Sample Point #: DP# "2.. Date: z:: - /0 - .,. => Wetland: Æ- VEGETATION Dominant plant species 1. fl//"V.J N b..--., 2. /"rII><,;"'V-f I^-;Ó-'¡:"/'", 3. I"Arf"..c :>'""..,v(J+""", 4. ' 5. 6. 7. 8. 9. 10. 11. 12. 13. 14, 15. % of species GBL, FÀCW and/or FAC: Comments: Stratum - J ...,- ;I- Indicator F~ Fñ<.u ()ßL Cüverage % Hydrophytic vegetarion criJeria met: Yes No Marcinal SOILS Mapped Soil Series: .9-:. rf ~ f\1 '" ( IL Depth(O in) Matrix color Æin. -~. -~. In. Indicators present:~sol,_histic epipedon,~sul:fidic odor,...:-aquic moisture regime,_reducing conditions, Hy~~t:1ïÍ ~':ïc;e:~~~~Nf; ~t~ orgEþ~~n¡nt,_organic streak:ing,_mottling Comments: On Hydric Soils Iist?~ No Drainage Class: V Þ.D Mottle color Texture + ..:-;' br (~ p ¿,,; I HYDROLÇGY ,,/ .~. Inundated:CY2t:I: Depth of Standing water. -1- Satura~ Depth to saturated soil: Sv r+: ~ Indicators present:_inundated,_saturated upper 12. ,_water marks,_drift lines,_sediment deposits _drainage pattems,_Oxirl~SPheres,_water stained leaves Werltmd hydrology criteria es No Basis: Comments: SUMMARY OF ~ Hydrophytic vegetarion:tQ::N Hydric soils&t; Wetland hydrology~ Dcua poim meers tM criteria of ajurisdicrional wetland?: Yes No COMMENTS: \ .. " EXj-.--'- ...' PAC 2 3 La , . "'-' c< .2'- hi., "",-...9AOQ ~ 1 1 1 , J I I I .r~) ! c ì . ...../ I I , ! 1 J i I , ! ~ ì 1 J "') , ) ROUTINE WETLAND DETERMINATION DATA FORM (Federal Manual/or Identifying and Delineating Jurisdiäiorwl Wetlo.nds, January 1989) B-1WEL VB ASSOCIATES, me. r:=-. I. ~d ~ Job#: 'l5-/0A Investigator. Ed Sewall Date: Z. -/0 -crS- Project: r. Jurisdiction: /ÿ-þ(f / ~. State: ÞVI1 Sample Point #: DP#3 Wetland; Atypical areas analysis: ,,~ >--\+V> Ix,;..... n",....~ ,;.-IJ ~'I'.... ,'-I"l.A~, ~f/.., 1=.,. I~;- ~Yrev-..J' Pro b I e m areas analysis: '"y-, / / VEGETATION D 0 minan t P I an t spec:i es 1. ?k/~/S o.;v,..,,/.;"";' a-. 2. .s""....,"'v~"..! f"'.Q'-"'O$<c"" 3. r:<vbv-S c1":; co hr- 4. 5. 6. 7. 8. 9. 10. II. 12. 13. 14. 15. Indicator / FÆévv FÆCv F.ïie r) Stratum h'- .s ..) Coverage % 9'ó of species OBL, F ACW" and/or F AC: Comments: HydropJrytic vegeraIion criJeria mer: ye@ Marcinal 33 SOILS ) Mapped Soil Series: 4/k",'VI' Depth(O in) Matrix color ~in. I D 'f /2- 3/7- -In. -~. -In. Indica.tors present:_histosol,_histic epipedon,_sulfidic odor,_aquic moisture regime,_reducing conditions, ---2leying ,_concretions , ~ surficial organic content,_organic streak:ing,_mottling Hydricsoilaireriamer: Yes Basis: ./'-",1 ,".-/......h'f Comments: On Hydric Soils List?: Yes~ Drainage Class: /"-'1 wI> Mottle color Texture!, A /V'ð--./¿ o,r"ý~ s~ /aç,^1 ¡" / HYDROLQßY ". h Inund.a.ted:tmi Depth of Standing water: /2 Saturated:cYfN Depth to saturated soil: ~ J r -- c....( Indicators presenc_inundated,_saeura.ted upper 12. ,_water marks,_drift lines,_sedim.ent deposits _drainage patterns,_oxidiz.ed ~SPheres,_water stained leaves Werlo.nd hydrology aireria mer: No Basis: Comments: SUMMAR Y 0 F CRITER.IA /' Hydrophytic vegeta.tion:~ Hydric soils: YfÑ) W~d hydrology:~ Data poirzr nu:ets IIu! cri1eria of a jurirdicrional. wei'Gnd?: Y~ COM1\1ENTS: Wt;f/...-,/ 70", .. i J- """" ..-!- " .> ;....: ""'""""II"",,, E}f- PA .L_- "~ -...1L 211 1 l I " J ] 1 i .3 J I I /"', t '-3 I I J I I 1 j r-'\ ,) , / J J ROUTINE WETLAND DETERMINATION DATA FORM . (Federal Manualfor Identifying and DelineaJ:ing Jurisdictional Wetlands, January 1989) B-TWEL VB ASSOCIATES, INe. Project: &d.-IrP/ ,P--I< Job#: éf5"-¡ðB Investigator-. Ed Sewall Date: Z--ID -<:¡ S- Jurisdiction: Æ1b~,.1 w.. ¡ State: wA Sample Point #: DP#4 Wetland: Atypical areas analysis: 'to,-! ""'~ ".... ¡"""",,,U;! I;" 6' #V'"~... ,¡:;.--"'"' AvÂ /40. Ju. Problem areas analysis: #0' , VEGETATION Dominant plant species 1. AI,,~ r-J.O r~ 2. s^"'" Q..-( <-(! """ c.t Mo J 0... 3. f.vbvJ I... (",-, ..~-S 4. V,..+-..:.c.. ';"'ðl'::'~ 5. 6. 7. 8. 9. 10. II. 12. 13. 14. 15. ..s Indicator PA-c.. l=.,4-c<J ¡::-rCU F~~ Coverage % S tra nun " ..s /--- . % of species GBL, F ACW and/or F AC: Comments: 5"0 Hydroplrytic vegetation cri!eria met: Yes No ~ SOILS Mapped Soil Series: Depth(O in} 'K~. -~. -~. -In. Indicators present:_histosol,_histic epipedon,_sulfidic odor,_aquic moisture regime,_reducing conditions, ---zleying,_concretions,_high surficial organic content, organic streaking,_mottling HydricsoiI criteria mer: Yes ~ Basis: I\J' i....).-C':::h:.r.J' Comments: ;}/L,-v,p J Matrix color 2,SY 4/.3 On Hydric Soils List?: Yes 6V;> Drainage Class: /t1 k/D Mottle color Texnu;e $" ,..,..d .. 1# ... I'V\ HYDROLO~ In~dated: Y Depth of Standing water: Sawrated:tÎhi Depth to saturated soil: S; v rh.. cJ.... Indlca~rs present:_inundated,_sat1.1rated upper 12" ,_water marks,_drift lines,_sediment deposits _dramage patterns,_oxidized ~SPheres,- water stained leaves WeIland hydrology cri!eria mer Y No Basis: Comments: SUMMAR Y 0 F CRITERIA Hydrop~ytic vegetarion: YfN-; Hydric soils:~ DaIa pomr meers flu! criteria of a jurisdic:ional WeIland?: COMMENTS: }1", k~ ) c-. .. ,.AI-V\ ,~ ",;L~... W~d hydrology(Ÿni Yes~ Øor~-Ç.¿.-..1L.... '" (( I/"'~/ ¡::-r-,;...-.... ...- r. ",'-</1 i ",rr 2- .J c- ~I ç , pv-{') """'"1. I , / u.L -2' Sr:-'¡ -, -, "::;r.' pt ~5 hie: oaI~9.4OC ~ -. -:í ~ 1 f j 1 i I f f ,...-, J ~-) ROUTINE WETLAND DETERMINATION DATA FORM (Federal Manuclfor Identifying and Delineating Jurisdidional Wetlands, January 1989) B-TWEL VE ASSOCIATES, me. Project: E~U Y--k JaM: Q5-/oP; In v es ti gato r. Ed Sewall Date: 2-/Q -CfS- Jurisdiction: ~#'l "-~ State: WI'!- Sample PoinZ~ DP# 6" Wetland: A typ i c:al a.rca.s analysis: ~1. ;.., Jr..; 10.... d r-t, h /ú. /:.. ¿,:::...., h".{ {ÿ;)"" r<Lcv,J+ p........(1I-'" Problem areas analysis: ' ,v:., '/ I ' - VEGET A nON D 0 II1ÍruI.n t P J an t species 1. 11'/""./../ iV tv.... 2. 0,......1..,..,.... ("..AAs,f;,.......,', 3. ..s¿".... b,,('t.-.!' ¡-., CI~'" 4. ¡)),.,("",;¡ """"0"-"1,:,,,,,,('('&0.. 5. l/,.. hI"'" d<',ð( <:. 6. ¿¿vh".! v,-~.;,<--...s 7. 8. 9. 10. 11. 12. 13. 14. 15. S era !!Un I ..5 5 /-r 17 H Indicator Þ+-Z Fr+c oJ F/"-.c.u .FAc L../ ¡= ¡Ct- c::. FÆ-c U Coverage % % of species GBL. FACW and/or FAC: CDmments: )"0 Hydrapfryric vegetaIion cri1eria mer: Yes No ~ SOILS Mapped Soil Series: Deptb(O in) (, in. ) 8"" in. _tn. _tn, .. Indicators present:_hÎstosol,_histic epipedon,_sulfidic odor,_aqwc moisture regime,_reducing conditions. ~leying,~concrerions, ~ surfici.aI organic content,_organic streak:ing,_mottling Hydric soil criteria mer: Yes N Basis: ,vo ,;..."f.é- C::.?J í Comments: 4v~",....s CCA/c,-.,.f,;,..J ... f- eN d!.yíL, HYDROL 0 G,x In~daLcd:...J::1tl Depth of Standing water. Saturated:~ Depth to saturated soil: Indlca~rs present:_inundated,_sa.tl.J.Iated upper 12' ,_water marks,- drift lines,_sediment deposits _dr:unage patterns,_Oxidized ri1i.z.o~,_water stained leaves . WeIi£lnd hydrology criteria mer: Yes Basis: ,....,0 /"~"L"""'4;........J- Comments: ,1!kwo",) Matrix color / ð '( [2.. 2./z.. /DYí2. ~ On Hydric Soils List?: Y es ~ Drainage Class: Mottle color Texture S ......,¿. I~ ""-' 5' -...,..t ~ f", ....... I'-1J../V SUMMAR Y a F CRITERIA Hydrophytic vegetation: YrN ~ Hydric soils: YMJ We$p.d hydrology' y{jf DaIa pain! ~ers flu! criteria of ajurudicrional ~?: Yes (N<v . ~ C 0 MI\1ENT S : '\ ) / - .....: "';"""'9""", ...L. .,,- EX~~ PAt' ...-. ."." 2' c. ¡ -, 1 -, 1 1 I ; .-' ] I I /' I . f ... , ~ -7 I I oJ i I .J , .. 1 j ,-~ { f I . .~ ) J ROUTIN"E WETLAND DETERMINATION DATA FORM (Federal iWanunlfor ldemifying and Delineating Jurisdictiorwl Wetlands, ]anuo.ry 1989) B-1WEL VB ASSOCIATES, me. Project: E^,c.J......,.'¡'~d J?-..-k. JohU: 95,/08 Investigator. Ed SewaU Date: Z -/0 -'95" Jurisdiction: Fd.Þv./ .v'....", State: t.-/A 7;le Point #: DP# r;. Wetland: Atypical an:.as analysis: '-'It)", w... Ibj ðV-P<" I./T:J f'r>1.i OV-""" /1,d'A /J /0 vCN- J Pro b Ie m areas analysis: ;.v c) - VEGETATION Do~tp~t~ies . 1. SI7¡rt'#; ./01/<1"-$':' 2. 'S ð løvVv~ ./ oIeAn=. ----"'-<' 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 13. 14. 15. Stratum 5 I-' Indicator F A-C. ¡,v ,ct4- c - Coverage % ... Hydrophyric vegeration crireria ~ No MarcinaI % of species GBL, FACW and/or F AC: Comments: /vò SOILS Mapped Soil Series: Depth(O in) ..ß:... in. LLin. -:n° _Ln. Indicators present:_histosol,_histic epipedon,_S1.Ùfidic odor,_aquic moiscure regime,_reducing conditions, ~1~Ying.'~7on~etions,_~ surfi~iaI organic conten~_o.rganic streaking,_mottling Hydnc solI cnrena mer: Yes. BasIs: ,;V 0 n-,.r,r-..~ cr Comments: c.""""cr~-f'.----S-':;7'- 8.,.."'" ~~ . -I;; 0/ -? i:z.""'" t1-...-í ¡ ~I "... '7:>,- / HYDROLO~ In~dated: y/N Depth of Standing water. Saturated:~ Depth to saturated soil: IndIcators p ent:_inundated,_satura.ted upper 12" ,_water IriãIks,_drift lines,_sediment deposits - d raina g e patte IDS , - 0 xi diz.ed ri:lizo SBh,e res , - w a te r s cain ed I eave;> Werland hydrology crireria mer: Yes No} Basis: /Vð i~¡I,-!'..,h.-r-.J Comments: 4/ciu '-"'~ c:P Matrix colqr /"112- 7..../1 /0 /¡2.. 4/2 On Hydric Soils List?: Yes t9 Mottle color Drainage Class: It1 W]) Te~turel . .s -----, / ,:., c..-, - SUMMAR Y 0 F CR.ITI;R!Ä Hydrophytic vegetacion:(Yili Hydric soils: yrFtt Y W~N d hydrology: ~ Dara pail!! meers rhe crireria of ajurisdiaional w~?: ~ COMMENTS: EXc,..n:t'i" . ',:' , L B4G ~ . a;l".2L: . h..: "",.......,11.000 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 OPA 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; } Hotel on a parcel not to exceed five (5) acres and as regulated by Sec. 22-757 Exhibit C Oftïce Park Zone (OP-4) Development Regulations page I of 4 ATTACHMENT 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. ß. 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. bhibitC Office Park Zone (OP-4) Development Regulations A TT ACHMENT 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 identi tied by the corresponding use in the FWCC Ot1ìce 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 : 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. ENVIRONMENTALLY SENSITIVE AREAS A. Any portion of property zoned OP-4 which is classified as environmentally sensitive Exhibit C Office Park Zone (OP-4) Development Regulations page 3 o( '-I A TT ACHMENT Page 3 of 4 2 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 surtàce 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 22-160 I, a Regional Commercial Recreational Facility may have no more than one regional, high profile, freestanding sign as defined in this Section of the OP-4 Zone. Such a sign shall be in lieu of, not in addition to, one of the two high profile signs that might otherwise be allowed under FWCC Section 22-160 I. A regional, high profile, freestanding sign shall be allowed only in connection with Regional Commercial Recreational Facility use, and shall be removed at such time when more than fifty percent (50%) of the square footage of the area devoted to such existing uses as shown on 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 TT ACHMENT Page 4 of 4 2 11.'ClIIT.D\\'FX/llBllCCCiFcbruarvIO.I'J98 Exhibit C Office Park Zone (OP-4) Development Regulations page 4 of 4 A TT ACHMENT 3 PAGE 1 of 12 ATTACHMENT 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 suffìx 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 21 A. 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 -- Lands'caping requires a ten foot wide Type 1II buffer when an Ot1ìce Park (OP) 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 II 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 ATTACHMENT 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/Physica! 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 lì'ol11 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 ATTACHMENT 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 convel1ed to uses other than Regional Commercial Recreational Facility uses. Upon removal of a regional, high-profile, freestanding sign, FWCC See/ion 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 A TT ACHMENT 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 I '/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 Pol icy Act (SEPA). As stated under Section A.2. of this attachment, city stall. the applicant's biologist and the City's biologist all visited the site. There \\',IS IlO evidence of any raptor habitat nor were any raptors sighted. 5 A TT A CHMENT 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 22-156'" or FWCC, Article XVII -- 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 tàmily lots, five multi-tàmily 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 of parking lot on Parcel V (i) (ii) (i ii) (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 ban-ier. The installation of the proposed landscaping and berm 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 Washington Energy Code. 2. Potential Impacts associated with hours of operation ( i) Extending hours of operations will allow the noise to go longer, parldng problems stay longer and attract older children who may cause problems. Please refer to response under Section A.8 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 A.8 of this attachment. (Hi) 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 A.2 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 Nonsignificance (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 al1ificially-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 A CHMENT 3 PAGE 9 of 12 .t. Concerns with proposed land use and zoning (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. Furthermore, 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 A.I 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 ATTACHMENT 3 PAGE 10 of 12 (vii) Is the proposed zoning more restrictive in terms of what 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. 04.11 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. 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 21 A. 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. I n 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 Residenfial/R--I (four dwelling units per acre) by King County. Based on King Colin!)' 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. 6. Concerns about traf]ìc (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. 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 of this 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 ATTACHMENT 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 ofthe ElS 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 $10,000 per impacted residence, therefore, WSDOT has determined that noise mitigation would be cost prohibitive in this instance. No noise attenuation walls are proposed adjacent to Enchanted Park or the residential property to the south. The WSDOT contact is Bill Elliott at (360) 357-2738. C. RESPONSES TO COMMENT LETTERS. 1. November 18, 1997 Correspondence from Sally Robinson Please refer to response under BA.vii of this attachment. 2. December 1, 1997 Correspondencefrom George Cltianlllloll This letter did not specifically have questions to which a response was requested. It included certain statements which by inclusion is being made part of the record. 1:\ENCHTEDW\ATTACHMI.WPD/February 11, 1998 12 EXHIBIT 1 of A TT ACHMENl , ~. B-C-P .....-.,. ~" B'C" f S '" " ;:;p B'C { 9-<: MI'CP ,- / I / 1<$.1 S(XX) MP-p KS-~ RSISÛ()(' P S-E S-E-P . . 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I, I'Æ'-trl'/ .. r^"tie ;@ , I-( '~~,:-' //~.-" \\ I / I / .- -" TR09Cr / - 'C' ,-~' ,0...", "..., ~",IfÞ! > ~E' sc,,"':' E.'::-' .;,., E - ,"'°'" ,.,r,~,,"~' '~'L.ë,,: °0.; 0< 0'.." ,"l~ ",'.'" ",<,on"O ", '7~"""'" EXHIBIT a of A TT ACHMENT 3 November 18, 1997 P hil Watkins Federal Way City CoULcil Fax # 253-661-4024 Dear Mr. Watkins, I attended the City Council meeting that was held on November 13th regarding the annexation and re-zoning ofWlld WaveslEnchanted 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 Wdd 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 parking 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.s is asking for is in part a re- zoning tÌ'om residential to office park, and as the zoning now stands they would not be able to build absolutely ìî}tbing, at Ms. Clark implied in her presentation. !fyou 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 Mary 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~~~ Sally Robinson 37115 17th Ave. S. Federal Way, Wa. 980(.:3 Home # 253-874-2569 Work # 206-284-7617 ATTACHMENT Page-l of 4 4 ATTACHMENT Page 2 of 4 4 ê "'I ~ ~ Å ~ EXHIBIT ~ PAGE I OF I " CD d l'.n~ ~ Q d r e..s \ ,h.., ~ <cL <AJ I ¡(, ;.., "\ I Lov(ì-++. ! RECEIVED BY r,nMM\ INITY DEVELOPMENT DEPÂRT~I;:'r ;';F ~ : 1ŸY' D ~, :.. L :'/1 Pi" ::!. , j '~J<~j7 : ::.1', ~EURGE CHIAMULON .;~-' 'I. ':,! 17TH /\\)E!'JLIE; '3CJUTH FEDERAL WAY, WA. 98003 (?::)~:::; :::,E., J-2203 "["(", . '...' : CITY OF FEDERAL WAY "~!i~ F.:Gi\ RET CL ,\RI< :::::EN I (]R ?Lf-\NNEF: 3~530 1ST WAY SOUTH r~JERAL WAY, WA. 98003 ,::::::; ,:. .::;¡:::, 1-' 1. 11 SUBJ: ENCHANTED PARK ANNEXATION, NOVEMBER ~3 PUBLIC HEARING DE.;\F ¡'j;\Rt,C3RET T HOPE CITY OFFICIALS WERE IMPRESSED WITH THE NUMBERS OF PEOPLE ATTENDING THE MEETING. I FEEL THE UNDERLYING CURRRENT OF ¡'1:';l',;U~;T Ii::. "';E~~Y CLEAF:. I HOF'E CITIZr;'I\¡ COi\¡[:E~~I'.JS F'RCJt'1PT COUNCIL :'~F¡'1F;' ii/::: i\ND F'L/1Nr,j'~ NG [:DI'11'1 I:3 I Oi.: i'1Fi'1;:¡F F:~; TC:: 'v' I SIT THE P nOPO'3ED ANNEXATION SITE IF THEY HAVEN'T ALREADY. DURING THE SUMMARY DF CALLS ANf ~ETTERS TO THE CITY COUNCI~, I FE"~ AT LEAST ONE CALL WAS MISREPRESENTED. I VOICED CONCERNS ADOU LEAV~NG TREE'S TO STAND ALONE AS THET WOULD FALL, WHAT WAS NOT MENTIONED WAS COMMENTS ABOUT ~EAVING GROUPS OF TREE'S ~, ~3;'EC:"=C =.CiC/,-:-:;ONS; FOR COVERING. ~LLY UNDERSTAND PROCEDURES WERE FOLLOWED IN THE PREPARION JF THE ANNEXATION REPDRT. RECOMMENDATIONS WERE MADE FROM THE BL,\C:: ,:\i'LD ',lJ:lITE :JF IT ALL, E:Ur TCJ !vi,¿,!!y' U:::FT (. Lor OF GRAY t¡PEA. MARGARET OLARK EXPLAINED AWAY NEARLY ALL OF THE CONCERNS OF THOSE WHC EITHER CALLED, WROTE OR VISITED. IN PRE~ARING THESE ANNEXA-ION 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 DURING THE BUSY TIMES AND HEAvyrRAFFIC? MARGARET CLARK Ii,Ul:.J,'-r:.:D i::::-iE \,<mULD BE LOC:W I 1\ C) /;TTrii:: ::.F:EA ~:;om\¡. ALTHOUGH 'HIS '::(.,'-~ I~=:; ,ê\¡'j E><I~;TING Of.,iE,:-I Z;Ji.IE,=¡ :<,![TH ALL THE °EC;:r:::: A~:.QW NO SC MANY POSSIBILITIES TO ME IS APPALLING. THIS AREA IS A CON JESTED ONE ~T BEST. LAST NIGHT I HEARD FOR TU:.: ; , Ie.- Fr H :~:; T T T 1'1 E f:' HOTEL COULD DE ßU I L -¡' U¡\~DE:: THIS ZONING. THIS WOULD CREATE A FURTHER BURDEN ON THE TWO ENTRY'S TO THESE DIVISIONS. THIS WAS AN OPPORTUNITY TO CHANGE THAT. SUE:- A TT A CHMENT Page 3 of 4 4 I TRUST INCOME GENE~ATED 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 '3,<\\' THE P¡.\RI< IS Po\i~:T Ii: T:E ::::~TY. n-:I:3 PCL3ITIDI'I ¡"lP..Y COi"lE ,:\T /\ 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 HOAD DURING ENCHANTED ?ARK HOURS OF OPERATION. THE FRONTAGE ROAD ( MILTON ROAD) WOULD BE WITHIN nlE /1NNEX/\TIDN.. I H,ê;,"/E HF(,¡:;':D >:CTiili..jG ¡::..DOUT THIS F)[II;,T DF Uf?:;)E;:~ TCi DATE FROM ANYONE IN THL CITY. PUBLIC WORK INDICATED THESE POINTS OF ORDEr.: l.'.JCJL:LD BE DEl..T ~IJTTI.: i\i:TE~-;: THE /\r\I~.jE/,<~;,TICif\! -i¡'¡f?DL,[3H ¡'.¡EIR EXISTING TRUCK ROUTE POLICY'S. (,LJ IfH I 1\1 THE ¡:',<\S"I TWC YEARS LLOYDS SAND AND Gf~,:\'v'EL.. REDL_.I::::;-¡-ED t'1UTHCiRI Z/\TIUN TCi O:::;Er.j UP THE :::;CJur-i END (JF ::. '3TH L"y c3UI.";':-!-.: FCJI~ THEIR TRUCK TRAFFIC. TO MY KNOW_EDGE IT WAS DISAPPRCVE~ B\/ !<,:- ><C; C::OU:.j-;y. THE f~OUTEr:iE'~)E TF?UCi_r:c: T,:.¡<E l'JOU!_D BE -:HFCUC3r: p, ¡:E~3;i;)E:\j-:-/i,- AREA, WITH A TOT LOT LCCATED, ~HERE TrlE ROAD WOULD ACCESS 19T~~ ';Jf'-:-.Y :;O~JTH. DURIr..iC; !3U~:;./ -!-I:':(::~:; _ifi-::E ~:;:jr<t.1F:¡=! -;-!-!E:3::: -i-;:; ;::.~"'.:. C:::Fr; T:JF't..: Di\! 3E,':HH i\t..!D j.'~' .ii':,\;" -, :<.::::~:; .T"¡:~:: :-E/~,,',';. ,.__:-?'::: -¡-:.-IE jJf.'\liV. THE DV..!!'JER u:::-: ,,' , ,- :C' ,- HF t':::;; C" :::-( '~ ,'..-.: (~; .::c':-- . . - ,-', :r -,.,,-', ";.-iBOR. :.~:CJ~..;'.:;E!?NI>j;: :,1;:: T:'-~"". ,t:,:?U:...JND-'-:-iE :::'(.,:::'1< :" -.-',-' , ,- '~'-', >'!CJULD SUC3ESlu HI~; I';"~ T i':¡ L_::,\i'!l: .- ::L>: -:,\¡.E ;--¡¡-:-:::'".."" -.0- _:r- ,,:;~ F' .-. '-', -,' ; /iF~Ei\'3 Dr.; Do";':: :.. -- , ,- ,- , ,. ,...' --, - ,- ,,',-".-.'.. ---' ¡ , H;-' i":/,:::iE P/:.,F:T Dr: -,-' ¡, , i"--;"--- ,>c. ,-,- -.,. ',!.L " ; ::=¡;i AGb F<E:'1ENT) . ONE GEi\r!LE!,,!Ef..j B¡:;:r::¡:.-'CJ¡:-: U? :H': ;!E~3TI:-'E3 E;;;C3l.:~::i=; ,::::n\¡ -"-:E EJ<::-- ,:::.CY,-, OF THE PARK. THIS WAS A FIRSl FOR ALL CONCERNED. IRRESPECTIVE OF THE PROS POSED 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 O~ THIS MATTER FOR THEIR REVEIW.. RESPECTFULLY YOURS ~--~1:"ltl 1"",:,',--1."" I_,,-,~I-;'._L_!...'.,. ATTACHMENT Page 4 of 4 4 PETITION FOR ANNEXATION TO THE CITY OF FEDERAL WAY TO: HONORABLE MA YOR AND CITY COUNCIL OF THE CITY OF FEDERAL WAY 33530 FIRST WAY SOUTH FEDERAL WA Y, WASHINGTON 98003 Council Members: Pursuant to RCW 35A. 14. 120-. I 50, 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 9 th.- day of February, 1998. A TT A CHMENT Page 1 of 5 (print name) 5 i l./ Pelilion For AnnexalÌon #7146315361-2 IJ5301'.DOC 2/06/98 page / of / 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' ~ 0 400 800 (3) /rJ~ Q:-.1: C/J.j" CD h A IT ACHMENT Page 2 of 5 5 [I] ESM inc. , eM. (0(110(;. UI'O 'IPoff. J) I'INCI _101 rom1lC"", 720 So 348!h 51'..! FEDERAL WAY. WASHINGTON 98003 PHONE (253) 838-6113 PARCEL OWNERSHIP CD ENC~EO' PARKS INC. CÐ ENCI-W4TEO PARKS INC. 0 ENCHANTED PARKS, INc. 0 ENCHANTED PARKS INC. @ KING COVN1'I' 0 W.S.O.O.T. CD ~ ,,~ .,:> '{þ~ O,>-q, ~ 'k'Y.. \f\O~ ~<J'«'. ;..>,0 ~°.o1J -J7. 'ip1ò'a- ....-:;:..~ o:.'O>:L ..-'1'1 'k .,:> POINI OF BEGINNING CD JOB NO. 16.3-0.3-950:"006 DRAWING NAME' 163\O3\EXH-ANNP DATE: 02-06-98 DRAWN. C.A.F/R.J.B. SHEE:T 1 OF 1 A TT ACHMENT Page 3 of 5 EYH" ~¡T ^ ,\ IDI f\ 5 IJL 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 AA'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 "2" of "Regency Woods Division I" according to the plat thereof recorded in Volume 154 of Plats, Pages 81 through 97, inclusive, Records of King County, Washington; THENCE southeasterly along the northeasterly line of said parcel, said line being coincident with the southwesterly margin of Enchanted Parkway (AKA SSH No. 5-D / 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; THENCE southeasterly along said southwesterly margin to the POINT OF BEGINNING. See attached Exhibit "B". ) Written by: c.A.F. Checked by: R.J. W. \\esm\sys\wrd-proc\legaI\1630304.doc /0//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 " 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 1 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 ... 721265-2350 Fairfield Developments, Inc. 583,300.00 None 583,300.00 j 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 TT A CHMENT Page 4 of 5 5 ) EXHIBIT C #71917 15361-3 UHPOl'.DOC 10/24/97 [GOd '0 t>Ø¡W£:8 t>t>:S¡ L661-£:è-1JO I ~ .,,"'~--......-=-- § .,. g- ~+--~ ~ ~ ATTACHMENT - Page 5 of 5 5 I J ! § ~ . ! 8 ~ : .; d ~ 0 J x. r:i sp - ~ ~"8 ~! 5h en! ~g~ w~ ~êl . ) ~ ~ I4J Z )-:1 < ,.,~ -'::J' ~:J ~t ...0 D t:: CD - ::r: ~ ) ... -. --- PROPOSED 'ANNEXATION AREA ') ANNEXATION AREA BOUNDARY ..... - I - SCALE: 1" = 750' ú) ~N N (í) D --1 CL Ul w > « , I co N N " E ~ / 1¡¡!g In "","'STI'Iß'1I"'\ en =tl~ r.I ~ ¡;¡ n I . , City of gliltoffi is .' ) s ~e c-:p V\'?- 'J\' ~~~\j <t>ò 1".."" :::"\',":,,: ~:. " --'~-:i ;--, : ,--~' \ , ": " ,\ I I ,-- -- .. _._~ -- - I " . . ~ II> ui :( -6 ~ Five Mile Lake \ /' SE () rJ ~Q;: ~ ~ i>:! ~ - - - - - - - - - - - - -, ---"1 --------- '\ II"~'!!L ~CII County .. ' ~ /-/--~ 1- Milton ---------- KIng County --------¡-- PIerce County A IT I CHMEjT 7 // »~ --- -- %17¿ " £Ø"d --=--- - ...,.,.-- ¡-"" I7Ø W3£8 l.66t-£è-l::xJ I7I7:S, -.- f i i 1 i ~ . t h! 0 ~ ~:¡:;¡ C i .~ - ~ ~-8 I 5 ~ !:! ~j R~~ æ! ~ê¡ IIIIm '( ATTACHMENT 8 ~ ~--+--~ ¡ ~ UJ a:: ~ z cQ w.... (/)< Ox a.UJ oz ( ~ ~ w z )-:1 ~~1 t: -'2 ~::J ~t ~U ( "'..," ~----~. - I I I I I I I sW 320th St (/J u¡ ., > « .. ~ 08 09 11 I I I I , I I I I I SW3 --1---------- I I I I I I I I f der ~ :¡: .~ õ OJ 0. 0) 0) a: (/J I I I I 6th St I 24 I I I I I I I I I I I I I I I ----~---------------- I I 1 19 ~ '" ~ , (/J , Q) , ~ '\;---.. " N 30 If) ., ~ ~ ~'" ." .'- _.. , , ~?>~ i\: Pa \ ~ ~ PlERCECOUNfY A IT ACHMENT 9 KING COUNTY . Densities sh- - Unincorporated Activity Center CJ Industrial density lost frc COMPREHENSIVE additional den: - Community Business Center - Forestry clustering and PLAN - CJ (du = dwellinç Neighborhood Business Center Agriculture The 11aps in the Kin LAND USE MAP - Commercial Outside of Centers - Mining appet1dices and this inton"¡tlon system. 1995 - Urban Plan Development - Greenbelt/Urban Separator de(>d:ed on this m.. the ¡ppropri¡ts ¡¡¡ð - r,::;:;: i insiDe front pocket ( Township 21 Range 4 Urban Residential> 12du/ac . King County Owned GrDrt~ M¡naQemer CJ Open Space/Recreation or zcrung InQumes. Urban Residential 4-12du/ac * EnV1roomental Serv Includes Comprehensive CJ - Other Parks/Wilderness This 11¡P is mtende Plan Land Use changes Urban Residentialldu/ac * CJ to show accurate m \':,'...1 Incorporated City ¡ugh Ordinance #12065 Rural City Urban Growth Area Muckleshoot Reservation (LJecember 1995) CJ New Rural City /\/ Urban Growth 8 E)ŒI . Urban Growth Area Area Boundary - Rural Town /,/ Forest Production M 0.6 0.8 1 .+. BI Rural Neighborhood District Boundary 0 0.2 1,1 !""""'ooooò CJ Agricultural Production Rural Residentialldu/2.5-lOac District Boundary MilES . I I I I I I I I sW 320th St .,.. ., OLUO'" " > <t E 08 11 11 II) \4 : .t:. ;~"": I' I " 'f der en en a: II) I I I I SW 3 6th St -------- 4 24 I I I I I I I I I I I I I I 1-,-- --- ------- ---- I I I 19 ~ " ~ , II) " ~ ,---~ " N 25 , '-, '\'-" '~6~ St ~~ ~o ~ ~" " \ '- " ---- rib " ~)~ "\, " 30 II) " ~ .! 31 "<":h ~t '. A IT ACHMENT 1 p; KING COUNTY ZONING CLASSIFICATION IDU = Dwelling Unit) THIS MAP S ZONING ATLAS CJ A-10 - Agricultural, CJ R-B - Residential, FOR EACH P one DU per 10 acres eight DU per acre THIS MAP DOES I Township 21 Range 4 - A-35 - Agricultural, CJ R-12 - Residential, CONDITIONS. SU one DU per 35 acres 12 DU per acre DISTRICT OVERL TO MANY PROPE Includes zoning changes - F - Forest - R-18 - Residential, THIS MAP IS AGI through Ordinance #12535 - M - Mineral 18 DU per acre OFFICIAL ZDNIN<: - NN I~ONSISTE (December 1996) c=J RA-2.5 - Rural Area, R-24 - Residential, ESTABLISHING Tl one DU per 5 acres. 24 DU per acre All PROPERTY ~ I~'~,~I RA-5 - Rural Area, - R-48 - Residential, DISPLAYED ON 11 48 DU per acre DEPARTMENT OF one DU per 5 acres rE~600 136 - 10:,";':" I NB - Neighborhood Business LE NE 296- \-- RA-10 - Rural Area, one DU per 10 acres - CB - Community Business THE IS PR GEt .C INf c=J UR - Urban Reserve. - RB - Regional Business ARE "'- - ..J\BLE F 8 one DU per 5 acres - 0 - Office . lor one DO per, ZSWI+ c=J R-1 - Residential, ~ Kee 21A 120 one DU per acre IiiïiiIJ I - Industrial c=J R-4 - Residential, CJ Incorporated City 0 0.2 0.4 0.6 0.8 1 w' four DU per acre ~ Muckleshoot Reservation ~ CJ R-6 - Residential, /V Urban Growth ~ FEB-04-1998 15:06 FROM ',2 ASSOC, ATêS TO 2536614024 P.01 . . - (!) RECEIVED APR 2 4 1997 IGng Count" Department of" Development and Environmental Senica 3f,¡)() - 13Gtb Place SoUÙ1c3øt Bcllc:vuc, Wa~h¡n~UII 9000&-1400 ~ B-twelve Assóclates. rno. April 23, 1997 PtlOIU ¡¡ f;ãx-¡-- -' Phone II Fax' Ms. SuIaD Bwaemeim 1103 WeäMeebr Strel,'t, Suue C Kent, W A 98032-5751 RE: F.nchuad ~'WJÍd Waves; Pre-application # A96MO215 Dear Sue, Per your request, I have rmewed ~he doa.unents you forwarded to me Rgarding the current çll1sWcation, ofMt.1d Lúy ~S 1'1. (~ 2 wetland. As outlined in your letter, the owners of the Encbant(~1 ~,rk/W~.ti..~ Y,;/"1wea PfI}fj"'irty would iike to have the designHion char-üed t-:- reflcctthe '~f:!.~ ~ltdit pn:-: æ\O V8e of the open water component of\he lake as a stormwater management &.ci:..,-. If the rl>.~ueat~ modiñcations were made, oulya ~ ~and aud a 25 f~t. buffer .;;¡..~Uï!å i.~ within. - T2-; lWæO ';... ~ regulated by the Sensitive Areas code. T~1e remalUder of the lah~:md the g area would therefore be unenc:umbf:rred and Cl)W~ be manipu!!!ted to ~ore effective deal with the existing flooàing problems. In )\H.¡¡ h~el', you point out that this is not only approp~ but also consistent with how King County has regulated Mud Lake in recent permit applications your client has received. In an attempt to respond to your request, I reviewed the inventory information on Mud La1œ from the 1988 Wet1andlnventory. I also locked at aerial pbotographa to establish the timeline of deve1opmmt of th~ art".a surrounding the lake. AB you state in letter, the clearing adj~t to ~.¡ake_òega.ri. bE.~r,e the origi!lally mvel1lOry of this feature wtich was comp:\Jted in .1981: . f!,ince th~t t.1 n~ the site It.¡! been intensely developed with extensive impervious nu:mœ Md i.l.vk relatedimprov~c:nts immediately adjacent to the lake. With a retaining w¡ U .arounð ã~'s entlî ¿; perimeter, the lake really has the appearance of a large stonnwater IIWwgtmel!t &ciJity. King County has in fåct reviewed and approved these improver:Y'.4:U through sc.'Veral commercial permits and appears to have never imposed the wetland p..'Qtection mndards specified by the Sensitive Areas code. Application oftheae standard1l now would not preserve any existing habitat or buffer vegetation and therefore seems Ìn.appmpriate. Bucd. upon my rmcw of the information submitted. and my site visit, I eoDeW' with your assessment of the site and agree that Mud Lake is more appropriately managed as a lake or stonnwater managemerlt facility.without the encumbrances of the wetland designation. Although Mud Lake is ~¡(rently : ,~Æ¡,;d as a wetland, KC~tA-24.080 provide$ a . llAW ATTACHMENT - 11 Page 1 of 2 @ ".';.'i.'" fEB-04-1998 15:06 FROM B12 f=¡SSOClf=¡lES IU ¿;:)')OOJ."'~~'" r.",,"'- Sue BUI'gemei~ April 23, 1991 Page 2 . mechaniIm for DDES stúf to resolve diaaepanciea between on IÍte conditions aDd the inventory doaJlDeI1tI. In SUf J1 ~ it is the site specific COnditioDl that govern. KiJ;1g County baa made a DWDber of such adjustmenta in cue& inYolviDg LakeJ and other large open water feamres. In fact there it an Administrative Interpretation that excludes lakes wbic:h have intensely developed sbore1inea ftOID reguJation u wetlands. It is my opinion that Mud Lake dearly fall. into this category aDd therefore shouJ4 not be regulated as a wet1aDd. Toward that en~ 1 will take the steps necessary to officially remove the . de¡;~(,h fi..Ohldrl.. featun= in the Wetland inventory and in the County's GIS system. & you point out in your letter, however, the island would still be col1lidered a wetland. That bem¡ the cues you sbouId complete the atÞtbed Notice on Title doculDCl1ta to reflect the preseaœ of this feature. To insure that our records are comp~ please forward a copy of the recorded doa.unenu to me once that proœu has been completed. If you have,any questiona or I can be of further asaistançe, pleaae contact me at 296-7242. Sinœrely, " on Hansen, Senior Ecologist Site Development SeMœa Anachments cç: George Homing. 'GIS Manager. Administrative Services Diviúon Randy Sandin, S\Ar.~ Engineer, Site Development Services LaUra Cäsey, l~ Senior &Ologi~ Ecology Unit, SDS ATTACHMENT - Page 2 of 2 11 - Olrl:J . ,.. TOmL P.02 MEETING DATE: had,-- 3) /91 cf ITEM# =rr- (~) """""""""""""""""""""""""""""""""""""""""""""'"....................................................................................................................................................... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: ENCHANTED PARK ANNEXATION ....................................................................................................................................................................................................... ............................................. CATEGORY: BUDGET IMPACT: _CONSENT _X_ORDINANCE _BUSINESS HEARING FYI _RESOLUTION STAFF REPORT _PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ....................................................................................""""""""""""""""""""""""""""""""""""""""'"......................................................................... .... ... ~ ITA ~NI~:... ~ ~.~.~~P.~.~.~.~ .A~~~~~~~ }..~~~~.. U.~. ~~.~~~~~~~.Q~.~.~~~:............. ...................................... 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 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 . . . ~.~. ~~..9. ~ ~.~ A~~ ~ ~ ~p.~~~! .~.~ ~~~~ ~~.. ~~.~. P.~~ ~.~ ~. ~~~~. ~.~. ~~ ..~.~~~.~~ ~! . ~~.Y. ~! ~P.~~~ ~ ..~æ:~~~~!:.. .... .. ...... . ... .. .. . .. . . . . .. .. .. .. . OTY COUNOL COMMITTEE RECOMMENDATION: Make a motion to move the ordinance approving the ... ~~~~~.~~~ .~.~. ~~~~~ .~~~~g:...... ........................ ............................................................. ........ .................... .......................................... ...................... QIY. ~,~.Ç~.It..~ÇQ~~^I!Q N ;ik,tf. .~~~ :.:i: ~.,::'.::::~~~~.~tQd:::: :' ~' m APPROVED FOR INCLUSION IN COUNOL PACKET: dl í6 (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNOL ACTION: _APPROVED DENIED - T ABLEDIDEFERRED/NO ACfION COUNOL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # /9/ :J.//7/9? ANNEXORD . DR AFT :J. -.:21- 9 ~ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OP THE CITY OP PEDERAL WAY, WASHINGTON, ANNEXING APPROXIKATEL Y 71.56 ACRES LOCATED BETWEEN SR 161 (ENCHANTED PARKWAY), INTERSTATE 5, KILTON 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 certif ied by the ci ty Clerk, filed a Notice of Intention to Petition for Annexation to the City of Federal Way approximately 71.56 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 City Council adopted Resolution No. 98-267, 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, required by Resolution No. 98-267; and as 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 71.56 acres lying between SR 161 (Enchanted Parkway) , Interstate 5, Milton Road South, South 369th Street ("Annexed Property"), and 19th Way South, as legally described and depicted in Exhibit 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 Re9Ulations. The zoning development regulations as adopted by Ordinance No. 98- shall take effect as of the effective date of this Ordinance. Section 4. 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 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 (UBRB")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. ORD # , 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 PROJECT MANAGEMENT CONSULTING FIRM Irt 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: BEGfNNING at the northeasterly comer of Parcel "l" 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 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 a.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". EXJ>t A£S THENCE southeasterly along said southwesterly margin to the POINT OF BEGfNNING. Written by: c.A.F. Checked by: R.J.W. \\esm\sys\wrd.proc\kgal\ 1630304.doc /0/ /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 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 (3) rr¡f! (}¡Ji Q ~ ~ CD h EXH~~~T.._~ PArt".,., ~"'~."--'-i 7. I ,.,. . .> \.:..'1 if.... '~=' ~ II ESM inc. ICIIl [-¡,ooa!l.llll'f.""N(tI I'IOIŒI(It cømllC 1111 720 So. J48th Street F"EOERAL WAY. WASHINGTON 98003 PHONE (25J) 8J8-61 1 J PARCEL OWNERSHIP CD ENC~D' PARKS INC. 0 ENCHANTED PARKS INC. 0 ENCHANTED PARKS, INC. eD ENCHANTED PARKS INC. 0 KING COUNTY @ W.5.D.O.T. CD ~ 1'<". .,:¡~-t, 0"5-Q. '1b ... 'bYt. 'ß. :A ~ú'~ '5-"-' O~ --1".. ~1','a ""...¿'I~ 6' c.O~ :J-":¡ ~ -p POINI OF BEGINNING 0 JOB NO. 163-03-950':'006 DRAWING NAME. 16J\OJ\EXH-ANNP DATE: 02-06-98 DRAWN. CAF.jRJ.B SHEET 1 OF 1 MEETING DATE: March 3, 1998 ITEM# JZ: ~~ """"" ..... ............ """""'" ............... """"" ............ ..............".............. ..........................,.................. ............................ ....., ................... ........... ...... ...................... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: INTERLOCAL AGREEMENTS WITH DES MOINES, KENT, AUBURN, PACIFIC, MILTON and EDGEWOOD RE: LAKEHA VEN ASSUMPTION """""""""""".""".""""'. '."."""""" ...............................,.......... ........ .....................-.......................................".......... ..................................."... ........ """"""" CATEGORY: BUDGET IMPACT: ~CONSENT ~. ORDINANCE _BUSINESS _HEARING FYI _RESOLUTION _STAFF REPORT _PROCLAMATION STUDY SESSION - OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ""'" ......,.. ............... ,,""""""'."""""""""""""""""""""""...".""""""'..""""""""..""""""""""""""""""""."""""'" ...............,........... ..............m...... """" ATTACHMENTS: Proposed Interlocal Agreements Between the Cities of Des Moines, Kent, Auburn, Pacific, Milton and Edgewood and Federal Way Concerning Assumption and ""'.m..""" ........ .......... .... ..............!?~.~.~9.~~.~~9.~..9.f.~~~~~Y.~!?:.!!~~~.P.~~~.~~.........."""""""""""" ........ ""'" ................. ......... .... ...................... SUMMARYIBACKGROUND: Pursuant to Section 11 of Ordinance No. 97-302 passed 10/21/97 providing for the assmnption and dissolution of the Lakehaven Utility District ("LUD"), the City Attorney was directed to prepare Interlocal Agreements to be entered into between the City and its neighboring jurisdictions. The attached Interlocals provide for the continuation of water and sewer service to these abutting jurisdictions. Consistent with the City Council's Ordinance, the Interlocals also prohibit a utility tax on water and sewer service and provide that no surcharge will be assessed on non-City residents solely due to their residency. The Des Moines Interlocal covers the Redondo Treatment Plant which is located within Des Moines, and accordingly, contains unique language regarding the City's construction of capital improvements in the City of Des Moines. The Des Moines Interlocal authorizes the Des Moines City Council to approve such capital .. . ~~ P.~.I.1. ~.~~..~. .~.~~~.~.~..~ f. ~.~ 9g 1.Q9.Q? .~~ ~~..~P.PE~Y.~. ~~~..~~~. ~. ~~~.~~~.!Y...~ ~~!~:... """""'" . ...... .. . .......... "" m . ..... .. ......... . """" CITY COUNOL COMMI'ITEE RECOMMENDATION: FinancelEconomic Development/Regional Affairs .. . ç.~ ~ ~.~. ~~Y !.~~~~. ~ ~. !~9.~~~~~. ~ P P. !~Y.~. .~. .~.~~.~.~~.~Y.. ~~.f ~~ .~.( ~~..~~~.~. ~ !~! ~.~~~.~.:... .. .. m. m.."', ....... . .. m.. .. ..... ... ~~:~~ ~~~~~~~=~ ~~~~ ~~ ..~~~. ~=.~~IT?~~~ .~~.~.~~~. ~~~~~:.~~~.~. ~~~~~=~~ ~~~~..... APPROVED FOR INCLUSION IN COUNOL PACKET: d}JJb (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNOL ACTION: _APPROVED _DENIED - T ABLEDIDEFERRED/NO ACTION COUNOL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # K:\LAKEHA VE.302CC.AGN " - After recording, return to: DRAFT C__iJ- ~ -ge, Londi K. lindell Federal Way City Attorney 33530 1st Way South Federal Way, WA 98003 INTERWCAL AGREEMENT BETWEEN THE CITIES OF KENT AND FEDERAL WAY CONCERNING ASSUMPTION AND DISSOLUTION OF LAKEHA YEN UTILITY DISTRICT This Interlocal Agreement ("Agreement") is made and entered into this - day of March, 1998, by and between the City of Kent, Washington, a non-charter code municipal corporation ("Kent") and City of Federal Way, Washington, a non-charter code municipal corporation ("Federal Way"). Kent and Federal Way are referred to collectively as the "parties". RECITALS 1. Pursuant to the Growth Management Act, RCW 36.70A.ll0, cities are the appropriate local government entity to provide urban services such as water and sewer service; and 2. Pursuant to King County Countywide Planning Policy FW-13, "within the Urban Area, as time and conditions warrant, cities should assume local urban services provided by special purpose districts"; and 3. The area within the Lakehaven Utility is located within an "Urban Area" as defined by the King County Comprehensive Plan; and 4. Pursuant to RCW 35. 13A.O30, whenever sixty percent (60%) of the area or sixty percent (60%) of the assessed valuation of real property within a special purpose district such as a water and sewer district is included within a city, that city may assume the ownership, operation, and control of that portion of the district not contained within the boundaries of another city; and 5. Pursuant to RCW 35. 13A.O6O, a city assuming that portion of a water and sewer district contained within another city may enter into an Interlocal agreement with that city, to assume responsibility for operation and maintenance of the district's property, facilities and equipment within the other city; \. Interlocal Agreement Between Cities of Kent and Federal Way Concerning Lakehaven AssumptionIDissolution Page 2 6. The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for interlocal cooperation and agreements between municipal corporations; and 7. The Federal Way City Council adopted Ordinance No. 97-302 on October 21, 1997, directing its staff to prepare Notices of Intent to Assume and Dissolve the Lakehaven Utility District ("District"), and to file said Notices with the King and Pierce County Boundary Review Boards; and 8. Said Notices were filed with the King and Pierce County Boundary Review Boards on November 4, 1997 and November 10, 1997, respectively. 9. As part of the assumption/dissolution of the District, Federal Way and Kent desire that Federal Way retain ownership and control of the District property and facilities currently within the City of Kent until such time as Kent assumes responsibility for providing sewer services to its citizens, at which time Kent would be responsible for installing, at its expense, a master meter or appropriate facilities to separate/regulate the two systems; and 10. Kent agrees that the assumption/dissolution is appropriate under RCW 35.13A, RCW 36.70A, and RCW 36.93; and 11. Federal Way agrees to provide sewer service to ratepayers within Kent at a reasonable rate, with no surcharge or tax attributable to Kent residents solely due to their residency; and 12. Kent and Federal Way have determined that it would be in the best interests of the citizens if the parties were to enter into an Interlocal Agreement setting forth their rights, duties and responsibilities with respect to Federal Way's ownership, operation and maintenance of property, facilities and equipment owned by the District prior to dissolution and located within the corporate boundaries of Kent; NOW, THEREFORE, for and in consideration of the agreements contained herein, the parties hereto agree as follows: Interlocal Agreement Between Cities of Kent and Federal Way Concerning Lakehaven AssumptionIDissolution Page 3 AGRREMENT 1. Existin& District A&reements. Federal Way shall, upon the effective date of assumption of the Lakehaven Utility District ("District"), assume all rights and responsibilities of the District with respect to any Interlocal agreements or contracts between the City of Kent and the District. Federal Way shall perform the terms of any such agreement or contract in the same manner as the District would be required to perform if Federal Way had not assumed the District. 2. Federal Way Facilities. Upon the effective date of Federal Way's assumption and/or dissolution of the District, Federal Way shall have full legal title and ownership of all the District facilities, and the real property associated with them, located within the Kent corporate boundaries, including, without limitation the following: a. 81 sewer lines, including: 2 8-inch ductile iron sewer lines, for a total length of 45.20 feet; 1 8-inch concrete sewer line, for a total length of 299.37 feet; 1 6-inch PVC sewer line, for a total length of 71.83 feet; and 77 8-inch PVC sewer lines, for a total length of 15,119.98 feet. b. 76 sewer manholes, including: 1 48-inch drop manhole; 1 48-inch overbuilt manhole; 72 48-inch standard manholes; and 2 wetwell manholes. 3. Kent Facilities. Kent may, at some later date, and after a reasonable notice to Federal Way, request that Federal Way transfer full legal title and ownership of the District facilities described in Paragraph 2 above, and the real property associated with them, to Kent. Federal Way shall transfer full legal title and ownership to Kent within a reasonable period of time following execution of an agreement allocating responsibility for the indebtedness and depreciated capital costs, if any, of the facilities (or improvements to them) to be transferred. Kent will install a master meter or appropriate facilities to separate/regulate the two systems at its expense prior to such transfer of facilities. 4. Maintenance/Operation and Indebtedness. The City of Federal Way shall, upon the effective date of Federal Way's assumption and/or dissolution of the District, be responsible Interlocal Agreement Between Cities of Kent and Federal Way Concerning Lakehaven AssumptionIDissolution Page 4 for the operation, maintenance, permitting, taxes, and contractual or bonded indebtedness associated with the facilities and property described in Paragraph 2 above. Federal Way's responsibility under this paragraph shall not be deemed to affect the requirement that the parties agree on an allocation of capital costs and indebtedness prior to transfer of ownership as set forth in Paragraph 3 above. 5. Continued Provision of Service. Federal Way shall, upon the effective date of Federal Way's assumption and/or dissolution of the District, provide sewer service to ratepayers residing in Kent at a reasonable rate that is uniform for the same class of customer or service. The rate shall be based on the cost of providing service, which shall be determined according to, among other things, the costs of maintenance, operation and repair of the system, the costs of any special indebtedness bonds or warrants, the location of various customers and the difference, if any, in cost of maintenance, operation, repair, and replacement of system parts, the different character service being furnished, capital contributions made to the system, including but not limited to assessments, and any other matters which present a reasonable difference as a ground for distinction. Federal Way shall not impose a surcharge upon Kent ratepayers in excess of any surcharge upon any other ratepayers being served by Federal Way, unless the costs of providing service as determined according to this paragraph reasonably warrant imposition of the surcharge. 6. General Provisions. 6.1 This Agreement may be amended at any time by the mutual written consent of the parties. 6.2 This Agreement shall take effect immediately and shall continue in effect until terminated. 6.3. Neither party may assign this Agreement without the written consent of the other party . 6.4. Each party shall be responsible for the consequences of any negligent or wrongful act or failure to act on the part of itself, its elected official, agents, volunteers and employees. Neither party assumes responsibility to the other party for the consequences of an act or admission of any person, firm or corporation not a party to this Agreement. 6.5. Any provision of this Agreement which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions or affecting the validity of enforcement to such provisions. Interlocal Agreement Between Cities of Kent and Federal Way Concerning Lakehaven Assumption/Dissolution Page 5 6.6. The parties stipulate that the following persons shall be the contact person for their respective jurisdiction. a. City of Kent: J, Brent McFall, or his/her successor in interest Director of Operations 220 - 4th Avenue South Kent, W A 98032 (253) 859-3357 Fax: (253) 813-2067 b. City of Federal Way: Kenneth E. Nyberg, or his successor in interest City Manager 33530 1st Way S. Federal Way, W A 98003 (253) 661-4013 Fax: (253) 661-4024 6.7. A copy of this Agreement shall be filed with the City Clerk of the Cities of Kent and Federal Way, and the County Recorder for the County of King. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. CITY OF KENT CITY OF FEDERAL WAY BY: BY: Jim White Mayor Kenneth E. Nyberg City Manager Date: Date: Interlocal Agreement Between Cities of Kent and Federal Way Concerning Lakehaven AssumptionIDissoluüon Page 6 Approved as to Form for City of Kent: Roger Lubovich, City Attorney A TIEST: This - day of , 1998. Brenda Jacober Kent City Clerk K: \lakcbav~\intcrlcl.frm 2-18-98 Approved as to Form for City of Federal Way: Londi K. Lindell, City Attorney ATIEST: This day of , 1998. N. Christine Green, CMC Federal Way City Clerk -_..,--"....,. .-",-. , \. .,.. . DRAFT Q. - d- 5 -c¡~ After recording, return to: Londi K. Lindell Federal Way City Attorney 33530 1st Way S. Federal Way, WA 98003 INTERLO C AL AGREEMENT BETWEEN THE CITIES OF AUBURN AND FEDERAL WAY CONCERNING ASSUMPTION AND DISSOLUTION OF LAKEHA YEN UTILITY DISTRICT This Agreement is made and entered into this day of , 1998, by and between the City of Auburn, Washington, a non-charter code municipal corporation ("Auburn") and City of Federal Way, Washington, a non-charter code municipal corporation ("Federal Way"). Auburn and Federal Way are referred to collectively as the "parties". RECITALS 1. Pursuant to the Growth Management Act, RCW 36.70A.IlO, cities are the appropriate local government entity to provide urban services such as water and sewer service; and 2. Pursuant to King County Countywide Planning Policy FW-13, "within the Urban Area, as time and conditions warrant, cities should assume local urban services provided by special purpose districts"; and 3. The area within the Lakehaven Utility is located within an "Urban Area" as defined by the King County Comprehensive Plan; and 4. Pursuant to RCW 35. 13A.030, whenever sixty percent (60%) of the area or sixty percent (60%) of the assessed valuation of real property within a special purpose district such as a water and sewer district is included within a city, that city may assume the ownership, operation, and control of that portion of the district not contained within the boundaries of another city; and 5. Pursuant to RCW 35. 13A.O6O, a city assuming that portion of a water and sewer district not contained within another city may enter into an inter local agreement with another city in which a portion of the to-be-assumed special purpose district is located, to assume responsibility for operation and maintenance of the district's property, facilities and equipment within the other city; Interlocal Agreement Between Cities or Auburn and Federal Way Concerning Lakehaven AssumptionIDissolution Page 2 " 6. The Interloca1 Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for interloca1 cooperation and agreements between municipal corporations; and 7. The Federal Way City Council adopted Ordinance No. 97-302 on October 21, 1997, directing its staff to prepare Notices of Intent to Assume and Dissolve the Lakehaven Utility District ("District"), and to file said Notices with the King and Pierce County Boundary Review Boards; and; 8. Said Notices were filed with the King and Pierce County Boundary Review Boards on November 4, 1997 and November 10, 1997, respectively. 9. As part of the assumption/dissolution of the District, Federal Way and Auburn desire to preserve ownership and control of the District property and facilities currently within the City of Auburn until such time as Auburn assumes responsibility for providing water and/or sewer services to its citizens at which time Auburn would be responsible for installing, at its expense, a master meter; and 10. Auburn and Federal Way agree that mutual cooperation between the two cities is in the best interest of their citizens, and that the assumption/dissolution of the District is appropriate under RCW 35.13A, RCW 36.70A, and RCW 36,93; and 11. Federal Way agrees to provide water and sewer service to Auburn ratepayers at a reasonable rate, with no surcharge or tax attributable to Auburn residents solely due to their residency; and 12. Auburn and Federal Way have determined that it would be in the best interests of the citizens if the parties were to enter into an Interloca1 Agreement setting forth their rights, duties and responsibilities with respect to Federal Way's ownership, operation and maintenance of property, facilities and equipment owned by the District prior to dissolution and located within the corporate boundaries of Auburn; NOW, THEREFORE, for and in consideration of the agreements contained herein, the parties hereto agree as follows: Interlocal Agreement Between Cities of Auburn and Federal Way Concerning Lakehaven AssumptionIDissolution Page 3 AGRRRMENT 1. Existin¡ District A¡reements. Federal Way shall, upon the effective date of assumption of the Lakehaven Utility District ("District"), assume all rights and responsibilities of the District with respect to any interlocal agreements or contracts between the City of Auburn and the District. Federal Way shall perform the terms of any such agreement or contract in the same manner as the District would be required to perform if the City had not assumed the District. 2. Federal Way Facilities. Upon the effective date of Federal Way's assumption and/or dissolution of the District, Federal Way shall be entitled to full legal title and ownership of all the District facilities, and the real property associated with them, located within the Auburn corporate boundaries and its PAA, including, without limitation the following: a. 2 water storage tanks (S. 305th Street Tanks A & B) b. Transmission Mains including: 1521.5 ft. - 18" Dr or CI along 51st Ave. S. 1728.02 ft. - 16" DI or CI, and 465.53 ft. - 16" AC pipe, along S. 304th St., 52nd Ave. S., S. 305th St, and 56th Ave. S. into S. 305th St. tanks A&B c. Other transmission lines and mains; d. 94 Blowoff Assemblies; e. 157 Hydrant Assemblies; f. 5 PRY Vaults; g. lO-inch and under sewer mains; and h. 2 sewer siphon lines. 3. Auburn Facilities. Auburn may at some future date, and after reasonable notice to Federal Way, request the City of Federal Way to transfer full legal title and ownership of the District facilities "c" through "h" listed in Paragraph 2 above, and the real property associated Interlocal Agreement Between Cities or Auburn and Federal Way Concerning Lakehaven AssumptionIDissolution Page 4 with them, to Auburn. Federal Way shall transfer full legal title and ownership to Auburn within a reasonable period of time following execution of an agreement allocating responsibility for the capital cost, bonded indebtedness and operation and maintenance of any facilities (or improvements to them) to be transferred. 4. Maintenance/Operation and Indebtedness. The City of Federal Way shall, upon the effective date of Federal Way's assumption of the District, be responsible for the operation, maintenance, permitting, taxes, and contractual or bonded indebtedness associated with the facilities and property allocated in Paragraph 2 above. Federal Way's responsibility under this paragraph shall not be deemed to affect the requirement that the parties agree on an allocation of capital costs prior to transfer of ownership as set forth in Paragraph 3 above. 5. Continued Provision of Service. Federal Way shall, upon the effective date of Federal Way's assumption and/or dissolution of the District, provide water and sewer service to former District ratepayers residing in Auburn or in Auburn's P AA at a reasonable rate that is uniform for the same class of customer or service. The rate shall be based on the cost of providing service, which shall be determined according to, among other things, the costs of maintenance, operation and repair of the system, the costs of any special indebtedness bonds or warrants, the location of various customers and the difference, if any, in cost of maintenance, operation, repair, and replacement of system parts, the different character service being furnished, capital contributions made to the system, including but not limited to assessments, and any other matters which present a reasonable difference as a ground for distinction. Federal Way shall not impose a surcharge upon Auburn ratepayers in excess of any surcharge upon any other ratepayers being served by Federal Way, unless the costs of providing service as determined according to this paragraph reasonably warrant imposition of the surcharge. " 6. General Provisions. 6.1 This Agreement may be amended at any time by the mutual written consent of the parties. 6.2 This Agreement shall take effect immediately and shall continue in effect until terminated . 6.3, Neither party may assign this Agreement without the written consent of the other party . 6.4. Each party shall be responsible for the consequences of any negligent or wrongful act or failure to act on the part of itself, its elected official, agents, volunteers and Interlocal Agreement Between Cities of Auburn and Federal Way Concerning Lakehaven AssumptionJDissolution Page 5 employees. Neither party assumes responsibility to the other party for the consequences of an act or admission of any person, firm or corporation not a party to this Agreement. 6.5. Any provision of this Agreement which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions or affecting the validity of enforcement to such provisions. 6.6. The parties stipulate that the following persons shall be the contact person for their respective jurisdiction. a. City of Auburn: Charles A. Booth, or his successor in interest Mayor 25 West Main Street Auburn, WA 98001-4998 (253) 931-3000 FAX (253) 931-3053 b. City of Federal Way: Kenneth E. Nyberg, or his successor in interest City Manager 33530 1st Way S. Federal Way, W A 98003 (253) 661-4013/Fax: (253) 661-4024 6.7. A copy of this Agreement shall be filed with the City Clerk of the Cities of Auburn and Federal Way, and the County Recorder for the County of King. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. Interlocal Agreement Between Cities of Auburn and Federal Way Concerning Lakehaven Assumption/Dissolution Page 6 CITY OFAUBURN BY: Charles A. Booth Mayor Date: Approved as to Form for City of Auburn: Michael J. Reynolds, City Attorney A ITEST: This - day of , 1998. Dani Daskam Auburn City Clerk K: \Lakeb.av~ \inte>rlcl. aub 2-24-98 CITY OF FEDERAL WAY BY: Kenneth E. Nyberg City Manager Date: Approved as to Form for City of Federal Way: Londi K. Lindell, City Attorney ATTEST: This day of , 1998. N. Christine Green, CMC Federal Way City Clerk " DRAFT d4d5 -CfD After recording, return to: Landi K. Lindell Federal Way City Attorney 33530 1st Way South Federal Way, WA 98003 INTERW C AL AGREEMENT BETWEEN THE CITIES OF PACIFIC AND FEDERAL WAY CONCERNING ASSUMPTION AND DISSOLUTION OF LAKEHA VEN UTILITY DISTRICT This Interlocal Agreement ("Agreement") is made and entered into this - day of , 1998, by and between the City of Pacific, Washington, a non-charter code municipal corporation ("Pacific") and City of Federal Way, Washington, a non-charter code municipal corporation ("Federal Way"). Pacific and Federal Way are referred to collectively as the "parties". RECITALS 1. Pursuant to the Growth Management Act, RCW 36.70A.ll0, cities are the appropriate local government entity to provide urban services such as water and sewer service; and 2. Pursuant to King County Countywide Planning Policy FW-13, "within the Urban Area, as time and conditions warrant, cities should assume local urban services provided by special purpose districts"; and 3. The area within the Lakehaven Utility is located within an "Urban Area" as defined by the King County Comprehensive Plan; and 4. Pursuant to RCW 35. 13A.030, whenever sixty percent (60%) of the area or sixty percent (60%) of the assessed valuation of real property within a special purpose district such as a water and sewer district is included within a city, that city may assume the ownership, operation, and control of that portion of the district not contained within the boundaries of another city; and 5. Pursuant to RCW 35.13A.O6O, a city assuming that portion of a water and sewer district contained within another city may enter into an Interlocal agreement with that city, to assume responsibility for operation and maintenance of the district's property, facilities and equipment within the other city; Interlocal Agreement Between Cities of Pacific and Federal Way Concerning Lakehaven AssumptionIDissolution Page 2 6. The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for interlocal cooperation and agreements between municipal corporations; and 7. The Federal Way City Council adopted Ordinance No. 97-302 on October 21, 1997, directing its staff to prepare Notices of Intent to Assume and Dissolve the Lakehaven Utility District ("District"), and to file said Notices with the King and Pierce County Boundary Review Boards; and 8. Said Notices were filed with the King and Pierce County Boundary Review Boards on November 4, 1997 and November 10, 1997, respectively. 9. As part of the assumption/dissolution of the District, Federal Way and Pacific desire to preserve ownership and control of the District property and facilities currently within the City of Pacific until such time as Pacific assumes responsibility for providing water or sewer services to its citizens at which time Pacific would be responsible for installing, at its expense, a master meter or appropriate facilities to separate/regulate the two systems; and 10. Pacific agrees that the assumption/dissolution is appropriate under RCW 35.13A, RCW 36.70A, and RCW 36.93; and 11. Federal Way agrees to provide water service to Pacific ratepayers at a reasonable rate, with no surcharge or tax attributable to Pacific residents solely due to their residency; and 12. Pacific and Federal Way have determined that it would be in the best interests of the citizens if the parties were to enter into an Interlocal Agreement setting forth their rights, duties and responsibilities with respect to Federal Way's ownership, operation and maintenance of property, facilities and equipment owned by the District prior to dissolution and located within the corporate boundaries of Pacific; NOW, THEREFORE, for and in consideration of the agreements contained herein, the parties hereto agree as follows: Interlocal Agreement Between Cities of Pacific and Federal Way Concerning Lakehaven AssumptionIDissolution Page 3 AGREEMENT 1. Existin~ District A~reements. Federal Way shall, upon the effective date of assumption of the Lakehaven Utility District ("District"), assume all rights and responsibilities of the District with respect to any Interlocal agreements or contracts between the City of Pacific and the District. Federal Way shall perform the terms of any such agreement or contract in the sam~ manner as the District would be required to perform if the City had not assumed the District. 2. Federal Way Facilities. Upon the effective date of Federal Way's assumption and/or dissolution of the District, Federal Way shall have full legal title and ownership of all the District facilities, and the real property associated with them, located within the Pacific corporate boundaries and its PAA, including, without limitation the following: a. Transmission mains including: 1734.61 ft. - 12 inch DI, CI or AC pipe connecting wells #22 & 22A to Military Road 359.63 ft. - 10 inch DI, CI pipe along Military Road; and b. 2 Wells including Well #22 & 22A. c. Other mains including: 141 - 6 inch and under AC water mains 55 - 8 inch AC water mains 6 - 12 inch AC water mains 10 - 6 inch and under PVC water mains 15 - 8 inch PVC water mains 4 - 8 inch DI or CT water mains 26 - 12 inch PVC water mains 5 - 6 inch and under DI or CT water mains 34 - 8 inch DI or CT water mains 1 - 10 inch DI or CT water main 8 - 12 inch DI or CT water mains 3 - unknown water mains (less those described in Paragraph 2.a above). (29,155.94 ft) (12,222.23 ft) (1,808.07 ft) (1,397,95 ft) (3,414,83 ft) (696.39 ft) (5,443.95 ft) (639.83 ft) (8,376.51 ft) (316.98 ft) (1,323.15 ft) (625.32 ft) Interlocal Agreement Between Cities of Pacific and Federal Way Concerning Lakehaven AssumptionIDissolution Page 4 d. Sewer lines, including: 1 - 12 inch Ductile Iron 12 - 8 inch PVC 11 - 12 Inch PVC (100.94 it) (2,430.08 it) (2,065.33 it) e. 22 Standard 48-lnch manholes 3. Pacific Facilities. Pacific may at some later date, and after a reasonable notice to Federal Way, request that Federal Way transfer full legal title and ownership of the District facilities described in Paragraph 2.c - 2.e above, and the real property associated with them, to Pacific. Federal Way shall transfer full legal title and ownership to Pacific within a reasonable period of time following execution of an agreement allocating responsibility for indebtedness and depreciated capital costs, if any, of any facilities (or improvements to them) to be transferred. Pacific will install a master meter, or appropriate facilities to separate/regulate the two systems, at its expense prior to such transfer of facilities. 4. Maintenance/Operation and Indebtedness. The City of Federal Way shall, upon the effective date of Federal Way's assumption and/or dissolution of the District, be responsible for the operation, maintenance, permitting, taxes, and contractual or bonded indebtedness associated with the facilities and property described in Paragraph 2 above. Federal Way's responsibility under this paragraph shall not be deemed to affect the requirement that the parties agree on an allocation of capital costs prior to transfer of ownership as set forth in Paragraph 3 above. 5. Continued Provision of Service. Federal Way shall, upon the effective date of Federal Way's assumption and/or dissolution of the District, provide water service to ratepayers residing in Pacific at a reasonable rate that is uniform for the same class of customer or service. The rate shall be based on the cost of providing service, which shall be determined according to, among other things, the costs of maintenance, operation and repair of the system, the costs of any special indebtedness bonds or warrants, the location of various customers and the difference, if any, in cost of maintenance, operation, repair, and replacement of system parts, the different character service being furnished, capital contributions made to the system, including but not limited to assessments, and any other matters which present a reasonable difference as a ground for distinction. Federal Way shall not impose a surcharge upon Pacific ratepayers in excess of any surcharge upon any other ratepayers being served by Federal Way, unless the costs of providing service as determined according to this paragraph reasonably warrant imposition of the surcharge. Interlocal Agreement Between Cities of Pacific and Federal Way Concerning Lakehaven AssumptionIDissolution Page 5 6. General Provisions. 6.1 This Agreement may be amended at any time by the mutual written consent of the parties. 6.2 This Agreement shall take effect immediately and shall continue in effect until terminated. 6.3. Neither party may assign this Agreement without the written consent of the other party . 6.4. Each party shall be responsible for the consequences of any negligent or wrongful act or failure to act on the part of itself, its elected official, agents, volunteers and employees. Neither party assumes responsibility to the other party for the consequences of an act or admission of any person, firm or corporation not a party to this Agreement. 6.5. Any provision of this Agreement which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions or affecting the validity of enforcement to such provisions. 6.6. The parties stipulate that the following persons shall be the contact person for their respective jurisdiction. a. City of Pacific: Debra Jorgensen or her successor in interest Mayor 100 3rd S.E. (p.O. Box 250) Pacific, W A 98047-0250 (253) 833-2856 FAX (253) 939-6026 b. City of Federal Way: Kenneth E. Nyberg, or his successor in interest City Manager 33530 Ist Way S. Federal Way, W A 98003 (253) 661-4013/Fax: (253) 661-4024 Interlocal Agreement Between Cities of Pacific and Federal Way Concerning Lakehaven AssumptionIDissolution Page 6 6.7. A copy of this Agreement shall be filed with the City Clerk of the Cities of Pacific and Federal Way, and the County Recorder for the County of King. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. CITY OF PACIFIC BY: Debra Jorgensen Mayor Date: Approved as to Form for City of Pacific: Rod Kaseguma, City Attorney ATTEST: This - day of ,1998. Julie King Pacific City Clerk K: \l.akcbave>\inœrlcl.pac 2-24-98 CITY OF FEDERAL WAY BY: Kenneth E. Nyberg City Manager Date: Approved as to Form for City of Federal Way: Londi K. Lindell, City Attorney A TIEST: This day of , 1998. N. Christine Green, CMC Federal Way City Clerk DR AFT ¿)~d5-C¡B After recording, return to: Londi K. Lindell Federal Way City Attorney 33530 1st Way South Federal Way, WA 98003 INTERWCAL AGREEMENT BETWEEN THE CITIES OF MILTON AND FEDERAL WAY CONCERNING ASSUMPTION AND DISSOLUTION OF LAKEHA YEN UTILITY DISTRICT This Agreement is made and entered into this - day , 1998, by and between the City of Milton, Washington, a non-charter code municipal corporation ("Milton") and City of Federal Way, Washington, a non-charter code municipal corporation ("Federal Way"). Milton and Federal Way are referred to collectively as the "parties". RECITALS 1. Pursuant to the Growth Management Act, RCW 36.70A.ll0, cities are the appropriate local government entity to provide urban services such as water and sewer service; and 2. Pursuant to King County Countywide Planning Policy FW-13, "within the Urban Area, as time and conditions warrant, cities should assume local urban services provided by special purpose districts"; and 3. The area within the Lakehaven Utility is located within an "Urban Area" as defined by the King County Comprehensive Plan; and 4. Pursuant to RCW 35. 13A.O30, whenever sixty percent (60%) of the area or sixty percent (60%) of the assessed valuation of real property within a special purpose district such as a water and sewer district is included within a city, that city may assume the ownership, operation, and control of that portion of the district not contained within the boundaries of another city; and 5. Pursuant to RCW 35. 13A.O6O, a city assuming that portion of a water and sewer district contained within another city may enter into an interlocal agreement with that city to assume responsibility for operation and maintenance of the district's property, facilities and equipment within the other city; Interlocal Agreement Between Cities of Milton and Federal Way Concerning Lakehaven AssumptionIDissolution Page 2 6. The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for interlocal cooperation and agreements between municipal corporations; and 7. The Federal Way City Council adopted Ordinance No. 97-302 on October 21, 1997, directing its staff to prepare Notices of Intent to Assume and Dissolve the Lakehaven Utility District ("District"), and to file said Notices with the King and Pierce County Boundary Review Boards; and; 8. Said Notices were filed with the King and Pierce County Boundary Review Boards on November 4, 1997 and November 10, 1997, respectively. 9. As part of the assumption/dissolution of the District, Federal Way and Milton desire to preserve ownership and control of the District property and facilities currently within the City of Milton until such time as Milton assumes responsibility for providing water and/or sewer services to its citizens at which time Milton would be responsible for installing, at its expense, a master meter or other facilities necessary to allocate costs of services among the parties; and 10. Milton and Federal Way agree that mutual cooperation between the two cities is in the best interest of their citizens, and that the assumption/dissolution of the District is appropriate under RCW 35.13A, RCW 36.70A, and RCW 36.93; and 11. Federal Way agrees to provide water and sewer service to Milton ratepayers at a reasonable rate, with no surcharge or tax attributable to Milton residents solely due to their residency; and 12. Milton and Federal Way have determined that it would be in the best interests of the citizens if the parties were to enter into an Interlocal Agreement setting forth their rights, duties and responsibilities with respect to Federal Way's ownership, operation and maintenance of property, facilities and equipment owned by the District prior to dissolution and located within the corporate boundaries of Milton; NOW, THEREFORE, for and in consideration of the agreements contained herein, the parties hereto agree as follows: Interlocal Agreement Between Cities of Milton and Federal Way Concerning Lakehaven AssumptionIDissolution Page 3 AGREEMENT 1. Existin~ District A~reements. Federal Way shall, upon the effective date of assumption of the Lakehaven Utility District ("District"), assume all rights and responsibilities of the District with respect to any interlocal agreements or contracts between the City of Milton and the District. Federal Way shall perform the terms of any such agreement or contract in the same manner as the District would be required to perform if the City had not assumed the District. 2. Federal Way Facilities. Upon the effective date of Federal Way's assumption and/or dissolution of the District, Federal Way shall be entitled to full legal title and ownership of all the District facilities, and the real property associated with them, located within Milton's corporate boundaries and its PAA, including, without limitation the following: a. Transmission Mains including: 2047.11 ft. - 10" DI, cr or AC pipe connecting Military Road and Enchanted Pkwy 659,73 ft. - 6" AC pipe connecting Enchanted Pkwy and 28th Ave. S. b. Other mains including: 6 - 6 inch and under AC water mains 2 - 6 inch and under Dr or CT water mains 8 - 8 inch Dr or CT water mains 9 - 6 inch and under AC water mains 3 - 8 inch AC water mains 1 - 10 inch AC water main 2 - 12 inch AC water mains 8 - 6 inch and under PVC water mains 12- 6 inch and under Dr or CT water mains 93- 8 inch Dr or CT water mains 10- 10 inch Dr or CT water mains 2 - 12 inch DI or CT water mains 4 - unknown water mains less the mains described in Paragraph 2.a above. (1,223.23 ft) (135.52 ft) (870.14 ft) (705.54 ft) (156.14 ft) (43.33 ft) (348.13 ft) (838.42 ft) (814.48 ft) (7,856.56 ft) (2,116.72 ft) (546.20 ft) (1,191.54 ft) Interlocai Agreement Between Cities of Milton and Federal Way Concerning Lakeba ven Assumption/Dissolution Page 4 " c. 17 Blowoff Assemblies; and d. 29 Hydrant Assemblies; and e. 1 PRY Vault (pRV # 33) f. Sewer lines, including: 12 - 15 inch concrete 7 - 18 inch concrete 7 - 8 inch PVC 4 - 12 inch PVC 1 - siphon line 5 - 8 inch ductile iron 5 - 12 inch ductile iron 3 - 8 inch concrete 10 - 12 inch concrete 7 - 15 inch concrete 50 - 8 inch PVC 7 - 12 inch PVC 3 - siphon lines (2,528.44 ft ) (1,820.05 ft) (2,078.69 ft) (657.63 ft) (14.96 ft) (420.87 ft) (706.58 ft) (487.34 ft) (2,312.95 ft) (1,693.30 ft) (9,121.92 ft) (1,240.10 ft) (158.77 ft) g. Sewer facilities including: 96 standard 48-inch manholes 2 standard manholes larger than 48 inches 4 - 48-inch drop manholes 6 - 48-inch overbuilt manholes 3. Milton Facilities. Milton may at some later date, and after a reasonable notice to Federal Way, request the City of Federal Way to transfer full legal title and ownership of all of the District facilities described in Paragraphs 2.b - 2.g, and the real property associated with them, to Milton. Federal Way shall transfer full legal title and ownership to Milton within a reasonable period of time following execution of an agreement allocating responsibility for the indebtedness and capital cost, if any, of any facilities (or improvements to them) to be transferred. 4. Maintenance/Operation and Indebtedness. The City of Federal Way shall, upon the effective date of Federal Way's assumption of the District, be responsible for the operation, Interlocal Agreement Between Cities of Milton and Federal Way Concerning Lakebaven AssumptionIDissolution Page 5 maintenance, permitting, taxes, and contractual or bonded indebtedness associated with the facilities and property allocated in Paragraph 2 above. Federal Way's responsibility under this paragraph shall not be deemed to affect the requirement that the parties agree on an allocation of capital costs prior to transfer of ownership as set forth in Paragraph 3 above. 5. Continued Provision of Service. Federal Way shall, upon the effective date of Fede:-al Way's assumption and/or dissolution of the District, and until the transfer of facilities under Paragraph 2 above, provide water and sewer service to former District ratepayers residing in Milton or in Milton's PAA at a reasonable rate that is uniform for the same class of customer or service. The rate shall be based on the cost of providing service, which shall be determined according to, among other things, the costs of maintenance, operation and repair of the system, the costs of any special indebtedness bonds or warrants, the location of various customers and the difference, if any, in cost of maintenance, operation, repair, and replacement of system parts, the different character service being furnished, capital contributions made to the system, including but not limited to assessments, and any other matters which present a reasonable difference as a ground for distinction. Federal Way shall not impose a surcharge upon Milton ratepayers in excess of any surcharge upon any other ratepayers being served by Federal Way, unless the costs of providing service as determined according to this paragraph reasonably warrant imposition of the surcharge. 6. General Provisions. 6.1 This Agreement may be amended at any time by the mutual written consent of the parties. 6.2 This Agreement shall take effect immediately and shall continue in effect until terminated. 6.3. Neither party may assign this Agreement without the written consent of the other party . 6.4. Each party shall be responsible for the consequences of any negligent or wrongful act or failure to act on the part of itself, its elected official, agents, volunteers and employees. Neither party assumes responsibility to the other party for the consequences of an act or admission of any person, firm or corporation not a party to this Agreement. 6.5. Any provision of this Agreement which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions or affecting the validity of enforcement to such provisions. Interlocal Agreement Between Cities of Milton and Federal Way Concerning Lakehaven AssumptionIDissolution Page 6 6.6. The parties stipulate that the following persons shall be the contact person for their respective jurisdiction. . a. City of Milton: John Williams, or his successor in interest Mayor 1000 Laurel Street Milton, W A 98354 (253) 922-8733 FAX (253) 922-2385 b. City of Federal Way: Kenneth E. Nyberg, or his successor in interest City Manager 33530 1st Way S. Federal Way, W A 98003 (253) 661-4013/Fax: (253) 661-4024 6.7. A copy of this Agreement shall be filed with the City Clerk of the Cities of Milton and Federal Way, and the County Recorder for the County of King. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. CITY OF MILTON CITY OF FEDERAL WAY BY: BY: John Williams Mayor Kenneth E. Nyberg City Manager Date: Date: " Interlocal Agreement Between Cities of Milton and Federal Way Concerning Lakehaven Assumption/Dissolution Page 7 Approved as to Form for City of Milton: Gordon Scraggins, City Attorney ATIEST: This_dayof , 1998. Deborah Crosier Milton City Clerk K: \lakcbave>\inte>r1c1.mU 2-20-98 Approved as to Form for City of Federal Way: Londi K. Lindell, City Attorney ATTEST: This day of , 1998. N. Christine Green, CMC Federal Way City Clerk DRAFT óì-9B -9S After recording, return to: Londi K, Lindell Federal Way City Attorney 33530 - 1st Way S. Federal Way, W A 98003 INTERLOCAL AGREEMENT BETWEEN THE CITIES OF EDGEWOOD AND FEDERAL WAY CONCERNING ASSUMPfION AND DISSOLUTION OF LAKEHA VEN UTILITY DISTRICT This Interlocal Agreement (.. Agreement") is made and entered into this day of , 1998, by and between the City of Edgewood, Washington, a non-charter code municipal corporation ("Edgewood") and City of Federal Way, Washington, a non-charter code municipal corporation ("Federal Way"). Edgewood and Federal Way are referred to collectively as the "parties". RECIT A I-'L~ 1. Pursuant to the Growth Management Act, RCW 36.70A.ll0, cities are the appropriate local government entity to provide urban services such as water and sewer service; and 2. Pursuant to King County Countywide Planning Policy FW-13, "within the Urban Area, as time and conditions warrant, cities should assume local urban services provided by special purpose districts"; and 3. The area within the Lakehaven Utility is located within an "Urban Area" as derIDed by the King County Comprehensive Plan; and 4. Pursuant to RCW 35. 13A.O30, whenever sixty percent (60%) of the area or sixty percent (60%) of the assessed valuation of real property within a special purpose district such as a water and sewer district is included within a city, that city may assume the ownership, operation, and control of that portion of the district not contained within the boundaries of another city; and 5. Pursuant to RCW 35. 13A.O6O, a city assuming that portion of a water and sewer district not contained within another city may enter into an Interlocal agreement with another city in which a portion of the to-be-assumed special purpose district is located, to assume Interlocal Agreement Between Cities of Edgewood and Federal Way Concerning Lakehaven AssumptionIDissolution Page 2 responsibility for operation and maintenance of the district's property, facilities and equipment within the other city; 6. The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for interlocal cooperation and agreements between municipal corporations; and 7. The Federal Way City Council adopted Ordinance No. 97-302 on October 21, 1997, directing its staff to prepare Notices of Intent to Assume and Dissolve the Lakehaven Utility District ("District"), and to file said Notices with the King and Pierce County Boundary Review Boards; and . 8. Said Notices were filed with the King and Pierce County Boundary Review Boards on November 4, 1997 and November 10, 1997, respectively. 9. As part of the assumption/dissolution of the District, Federal Way and Edgewood desire to preserve ownership and control of the District property and facilities currently within the City of Edgewood until such time as Edgewood assumes responsibility for providing water services to its citizens at which time Edgewood would be responsible for installing, at its expense, a master meter or appropriate facilities to separate/regulate the two systems; and 10. Edgewood and Federal Way agree that mutual cooperation between the two cities is in the best interest of their citizens, and that the assumption/dissolution of the District is appropriate under RCW 35.13A, RCW 36.70A, and RCW 36.93; and 11. Federal Way agrees to provide water service to Edgewood ratepayers at a reasonable rate, with no surcharge or tax attributable to Edgewood residents solely due to their residency; and 12. Edgewood and Federal Way have determined that it would be in the best interests of the citizens if the parties were to enter into an Interlocal Agreement setting forth their rights, duties and responsibilities with respect to Federal Way's ownership, operation and maintenance of property, facilities and equipment owned by the District prior to dissolution and located within the corporate boundaries of Edgewood; NOW, THEREFORE, for and in consideration of the agreements contained herein, the parties hereto agree as follows: Interlocal Agreement Between Cities of Edgewood and Federal Way Concerning Lakehaven Assumption/Dissolution Page 3 Interlocal Agreement Between Cities of Edgewood and Federal Way Concerning Lakehaven AssumptionIDissolution Page 4 AGREEMRNT 1. Existin~ District A~reements. Federal Way shall, upon the effective date of assumption of the Lakehaven Utility District ("District"), assume all rights and responsibilities of the District with respect to any Interloca1 agreements or contracts between the City of Edgewood and the District. Federal Way shall perform the terms of any such agreement or contract in the same manner as the District would be required to perform if the City had not assumed the District. 2. Federal Way Facilities. Upon the effective date of Federal Way's assumption and/or dissolution of the District, Federal Way shall have full legal title and ownership of all the District facilities, and the real property associated with them, located within the Edgewood corporate boundaries, including, without limitation the following: a. All water mains including: 4 6-inch and under AC Water Main 4 8-inch AC Water Mains 1 12-inch AC Water Mains 1 6-inch and under PVC Water Main; (417.12 feet in length) (310.75 feet in length) (25.50 feet in length) (183.51 feet in length) b. 2 Blowoff Assemblies; and c. 8 Hydrant Assemblies. 3. Ed~ewood Facilities. Edgewood may at some later date, and after a reasonable notice to Federal Way, request that Federal Way transfer full legal title and ownership of all of the above described District facilities, and the real property associated with them, to Edgewood. Federal Way shall transfer full legal title and ownership to Edgewood within a reasonable period of time following execution of an agreement allocating responsibility for the depreciated capital costs of any facilities (or improvements to them) to be transferred. Edgewood will install a master meter, or appropriate facilities to separate/regulate the two systems, at its expense prior to such transfer of facilities. 4. Maintenance/Operation and Indebtedness. The City of Federal Way shall, upon the effective date of Federal Way's assumption and/or dissolution of the District, be responsible for the operation, maintenance, permitting, taxes, and contractual or bonded indebtedness associated with the facilities and property described in Paragraph 2 above. Federal Way's responsibility under this paragraph shall not be deemed to affect the requirement that the parties . Interlocai Agreement Between Cities of Edgewood and Federal Way Concerning Lakehaven Assumption/Dissolution Page 5 agree on an allocation of capital costs prior to transfer of ownership as set forth in Paragraph 3 above. 5. Continued Provision of Service. Federal Way shall, upon the effective date of Federal Way's assumption and/or dissolution of the District, provide water service to ratepayers residing in Edgewood at a reasonable rate that is uniform for the same class of customer or service. The rate shall be based on the cost of providing service, which shall be determined according to, among other things, the costs of maintenance, operation and repair of the system, the costs of any special indebtedness bonds or warrants, the location of various customers and the difference, if any, in cost of maintenance, operation, repair, and replacement of system parts, the different character service being furnished, capital contributions made to the system, including but not limited to assessments, and any other matters which present a reasonable difference as a ground for distinction. Federal Way shall not impose a surcharge upon Edgewood ratepayers in excess of any surcharge upon any other ratepayers being served by Federal Way, unless the costs of providing service as determined according to this paragraph reasonably warrant imposition of the surcharge. 6. General Provisions. 6.1 This Agreement may be amended at any time by the mutual written consent of the parties. 6.2 This Agreement shall take effect immediately and shall continue in effect until terminated. 6.3, Neither party may assign this Agreement without the written consent of the other party. 6.4. Each party shall be responsible for the consequences of any negligent or wrongful act or failure to act on the part of itself, its elected official, agents, volunteers and employees. Neither party assumes responsibility to the other party for the consequences of an act or admission of any person, firm or corporation not a party to this Agreement. 6.5. Any provision of this Agreement which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions or affecting the validity of enforcement to such provisions. " Interlocal Agreement Between Cities of Edgewood and Federal Way Concerning Lakeha yen Assumption/Dissolution Page 6 6.6. The parties stipulate that the following persons shall be the contact person for their respective jurisdiction. a. City of Edgewood: Stephen L. Anderson, or his successor in interest City Manager 10319 8th St. E. Edgewood, W A 98372 (253) 952-3299 FAX (253) 952-3537 b. City of Federal Way: Kenneth E. Nyberg, or his successor in interest City Manager 33530 1st Way S. Federal Way, WA 98003 (253) 661-4013/Fax: (253) 661-4024 6.7. A copy of this Agreement shall be filed with the City Clerk of the Cities of Edgewood and Federal Way, and the County Recorder for the County of King. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. CITY OF Edgewood CITY OF FEDERAL WAY BY: BY: Stephen L. Anderson City Manager Kenneth E. Nyberg City Manager Date: Date: . .1 Interlocal Agreement Between Cities of Edgewood and Federal Way Concerning Lakehaven Assumption/Dissolution Page 7 Approved as to Form for City of Edgewood: Lisa Marshall, City Attorney A ITEST: This - day of , 1998. Approved as to Form for City of Federal Way: Londi K. Lindell, City Attorney AITEST: This day of , 1998. Nacelle J. Heuslein Edgewood City Clerk K: \lakcbave>\intulcl.e>dc 2-24-98 N. Christine Green, CMC Federal Way City Clerk ~2/2S/98 WED 11:~1 FAX 206 87~ 6540 CITY OF DES MOI""'~ 206870 6540 ~ uu"' Draft Interlocal Agreement Between Cities of Des Moines aDd Federal Way Concerning Lalœhaven Assumption/Dissolution Page 1 02/25/98 - 11:06 AM DRAFT ] ;}- d5-: After recording, return to: INTERLOCAL AGREEMENT BETWEEN THE CITIES OF DES MOINES AND FEDERAL WAY CONCERNING ASSUMPTION AND DISSOLUTION OF LAKEHA YEN UTILITY DISTRICT This A~ent is made øH.1 e:1~~I;(Ì into this_._dayof . 1998, by and between the City of Des Moiues. ,,\fasbingtcns a. non-charter code municipal corporation ("Des Moines") and City of Fcdel"~ Way, WI,-')hington, a non-charter code municipal corporation (IIFederaJ Way"). Des Moines and Federal Way are referred to collectively as the "parties". ~ 1. Pursuant to the Growth Management Act, RCW 36.70A.110, cities are the appropriate local government entity to provide urban services such as water and sewer service; and 2. Pursuant to King County Countywide Planning Policy FW-13, "Cities are the appropriate provider ofloca] urban 'Servi~es to Urban Areas either directly or by contract," and "within the Urban Area, as tÌl7'1..t: and conditiOns warrax.t, cities should assume local ~an services provided by special purpose ¡[¡st'.~~ts" .:~d 3. Pursuant t\) RCW 35,:~3A.Ij,?": whenever sixty percent (60%) of the area or sjxty percent (60%) of the 8'j:S~S~ valua.tiOf> of,-~a1 prop~within a special purpose district such as a water and sewer disLr~ct is included within a city, that city may assume the ownership, operation, and control ofthat portioll of~11(; distJi"t not contaíned within the boundaries of another city; and 4. Pursuant to RCW 3S.13A.O60, a city assuming that portion of a water and sewer district not contained within another city may enter into an interlocal agreement with another city 02/25/8~ W~V 11:Jl rAA ~uo a/v O~~U \,.J.J.J. vc """oJ "'V.l. c:::~ !;:(IQ b::>41a Draft Interlocal Agreement BetWeen Cities of Des Moines and Federal Way Concerning Lakehaven AssumpdonIDissolution Page 2 " 02/25/98 - 11:06 AM in which a portion of the to-1»assumed special purpose district is located, to assume respvnsibility fot" operation and maintenance of the district's property, facilities and equipment within the other city; 5. The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for intcrloca1 cooperation and agreements between municipal corporations; and 6. ThcFcdcral Way City Council adopted QrdinVlC'.e No. 97-302 on October 21,1997, directing its staff to prepare Notices of Intent to Assume and Dissolve the Lakchaven Utility District ("District"), and to file said Notices with the King and Pierce County Boundaty Review Boards; and; 7. As part of the us'lI1lptí!Þnldissolution of the District, Federal WayandL>es Moines wish for Federal Way to assume responsibí1ity tel' operation and msPnten.Bt'lcc of District property and facilities currently within the City of DC5 Moines (including specifically but not limited to the Redondo Sewage TretJ:11ent Plant) umil such time as Des Moines wishes to obtain ownership of some or all of that property and facilities and begin providing water or sewer services to its citizens; and 8. Des Moines and Federal Way a.grcc that mutual cooperation between the two cities is in the best interests of their citizens, and that the assumption/dissolution of the District, is appropriate under RCW 3S.13A, RCW 36.70A, and RCW 36.93; and 9. Des Moines' cooperation is contingent upon Federal Way's agreement to relinquish ownership, operation and maint.enance I)fDistrict property and facilities located within Des Moines and its Potential Annexation Area ("P AA"), as set forth in the Interlocal Agreement between Federal Way and Des Moines dated December 16. 1996 or as it may be amended; and upon Federal Way's agreement to provide, prior to relinquishing ownership, operation and maintet'JA1"ce of such facilities, water and sewer service to Des Moines ratt:payers at a reasonable rate, with no surcharge or tax attributable to Des McÌJ'l..s residents solely d~ to their residency; and 10. Des Moines and Federal V,lay have detemùned that it is in the best interests of the çiti2eD1 of both cities to enter into an Interlocal Agreement as an expression of Des Moines' cooperation with Federal Way in its assumption of the District, and to set forth the cities' rights, duties and responsibilities with respect to Federal Way's ownership, operation and maintenance of property, facilities and equipment located within the corporate boundaries of Des Moines and its P AA~ 02125/88 WED ll:J~ r.u. lOt) ð/U t)Ö)4U \,.J.J.J. ur UJ;.,J "-LV'" ~~ I;;('" 0::>"'" Draft Interloca1 Agreement BetweeJ1t, Cities of Des Moines and Feo.deral Way Conurnin& LakehaveD AssumptiolVDis,olutiDD Page 3 02125/98 - 11 :06 AM NOW, THEREFORE, for and in consideration of the mutual agreements contained herein, the parties hereto agree as follows: ~GREEMENT 1. Existing Disttict Agrb;.>ments. Federal Way shall, upon the effective-. date of assumption andlor dissolution oftbe l"akehaven Utility District ("District"), asswne a11 rights and responsibilities of the District with re~pect to any interlocal agreements or contracts betWeen the City of Des Moines and the District. Federal Way shall perfolm the terms of any such agreement or contract in the same manner 9S the District would be required to perform if the City had not assumed and dissolved the District. 2. Federal Way FacUitie~, Jpon the effective date of Federal Way's assumption and/or dissolution of the District, Des Múi'les agrees that Federal Way shall be entitled to full legal title and ownership of all District asset,;, facilities, and real property associated with them, located within the City of Des Moine.s and its P AA, includíng but not limited to the following: a. Redondo Sewage Treatment Plant; b. Sewage Lift Sratio1l No.7; and c. ~ewage Lift Station No.8. d. Sewa&,." tift StúÎ(:n No, 6~ e. Sewage Lift Staticn No. 30; f. Sewer mains, collection and distribution lines, and any other infrastructure associated with the Redondo ~;cwage 1'r.:t",;Jt ment Plant, Sewage Lift Station Nos. 6, 7, 8 and 30, and located within Des Moin~' I:'orpor~.' ';} t.,f Jundaries Ci' Des Moir.es' Potential Annexaton Area ("PAA') as set forth in the Inlc}r!o(...'.J! }\~eement dated Dc.cember 16, 1996 or as maybe c..mended. ¡. 16th'Avenue water Tanks "An and "B"; and h. Watcr 'mains, wstribution lines, meters and any other infrastructure associated with the 16th Avetlue W~ltfT Tanks "An and "B" and located within Des Moines' 02/25/98 WED 11:J~ rAÃ ~u~ ð/U O~~U \'.1..1..1. v. o¿."J .IOu... C::::1Ob i:I(1Q ~IQ Draft IPterloul Agreemeøt BetWeen , Cities of Des MoiDes and Federal Way Concerning Lakebs.yen AlsumptioDlDissolution Page 4 02/25/98 - 11:06 AM corporate boundaries or Des Moines' Potential Annexation Area (UP AAU) as set forth in the Interlocal Agreement dated December 16. 1996 or as may be amended. 3. MaintenancelQperation and Indebtedness. Federal Way shall be responsible for the operation, maintenance, pennittíng, taxes and contractual or bonded indebtedness associated with the facilities and property allocated. in Paragraphs 2 above, 4. Continued rro~sion of Service. Federal Way shall, upon the effective date of Federal Way's assumption aDdIor dissolution of the District, provide water and sewer service to fonner District ratepayers residing in Des Moines or in Des Moines' P AA at a reasonable rate that is uniform for the same class. of customer or service. The rate shall be based on the cost of providing service, which shall be deœnnined according to, among other things. the costs of maintenance, operation and repair of the system, the costs of any special indebtedness bonds or warrants, the location of various customers and the diffi:rcnce, if any, in cost of maintenance, operation, repair, and replacement of system parts, the different character service being furnished, capital contributions made to the system, including but not limited to assessments, provision fOT reasonable operational reserves for the facilities described in Paragraph 2, and any other matters which present a reasonable dûferenc~ as t' ground for distinction. Federal Way agrees to consult with Des Moines and discem Des Mobles . position, before increasing rates to ratepayers residing in Des Moines or Des Moines' P AA. F edera1 Way shall not impose a surcharge upon Des Moines ratepayers in excess of any surcharge. upon any other ratepayers being served by Federal WaY1 unless the costs of providing savice as determined according to this paragraph reasonØ>ly wammt imposition of the surcharge. Federal Way sball not impose a utility tax upon ratepayers in Des Moines or Des Moines' P AA. The parties recognize that the Lakehaven Utility District has represented that the CUJTeIlt surcharge applied to Des Moines residents served by the utility will expire on or before December 31, 1998, However, in the event such surcharge remains in place upon the effective date ofFedcral Way's assumption of the district, Federal Way expressly agrees to waive and/or extinguish such surcharge at no cost to the City of Des Moines or its residents. 5. Capital ImDrovemen~ To the extent authorized by law, Federal Way agrees to submit to plans for capital and m3:.~or¡ltiÙn mance improvements to the facilities listed in Paragraph 2, and wrwse projected cost is Wl;;:ata ~ .'.all ~200,OOO, to the Des Moines City Council for i';s review and approval; except Federcl Way H~ed not submit plans for Des Moines approval for any improvements or maintenance'requirtd tc>ensurccompliance with state of federal requirements. Federal Way will include with the plans a proposed funding mechanism and anticipated debt repayment schedule, if any. Des Moines agtees to review and convey itS decision to Federal Way within 30 days of receiving plans for the proposed capital improvements, and agrees that its approval shall not be unreasonably withheld; e.g., Des Moines shall not disapprove a proposed .' 02/Z~/~ð W~V 11:JJ tAA ,UO OIU Ov~V "'......... v. ""'oJ ...~.. ~~C O(~ 0";"""" Draft Interlocal Agreement Betweew:r.. Cities of Des Moines and F~del'al \\' ¡y' Conœming Lakehaven AssumptionIDwollition Page 5 02125/98 - 11:06AM capital improvement because of the type of proposed funding mechanism~ Federal Way shall not construct a proposed capital or major maintenance improvement subject to this paragraph until it has received Des Moines's approval. Nothing in this paragraph shall be construed to limit or extend Des Moines authority under applicable law, including but not limited to the State Environmental Policy Act, RCW 43.2J C or the Shoreline Management Act, RCW 98.58. 6. Transfer of (~iVJ.lmmp. ,Operati.QJJlMaintenance. andJrovisìon ot Service Obli2ations. AB consideratìqnfor the (;ity of Des Moines' cooperation with Federal Way's effort to Assume and Dissolve the I..akehaven Utility District, and within 180 days ofreœipt of written notice from Des Moines delivered to contact person set forth in Paragraph 8.6 below, Federal Way shall transfer, via quit claim deed. ownership of some or all of those assets, facilities and real property specified in Paragraph 2 above as identified by Des Moines in the written notice. The transfer shall be at no cost to the City of Des Moines, except that, upon transfer of ownership, Des Moines agrees to assume all of the obligations ofParagrapbs 3, 4, and 5 above with respect to the facilities and property transferred pursuFJlt to this Paragraph. This means that, with respect to facilities and property transferred, Des Moines shall, among other things: 6.1 be responsible for the operation. maintenance, pem1Ìtting, and payment of taxes and contractual or bonded indebtedne~s that benefits or is associated with the facilities and property, or any capiœl or major maintenance improvements thereto, at the time of the transfer. Specifically, if there Ue outstanding general obligation bonds issued by Federal Way associated withtà.cilities and property to be 1ransferred, Des Moines shall extinguish such bonds prior to the effective date of transfer to Federal Way. If there are revenue bonds, Federal Way and Des Moines shall enter into a supplemental agreement prior to the effective date of the trailsfer pràyiding for the mechanism for Des Moines' payment of the associated revenue bonded indebtedness. Such mechanisms may include, but are not limited to, issuance of new revenue bonds by Des Moines to extinguish bonds issued by Federal Way, or the pledging and payment by Des Moines to Federal Way of the revenues received from customers served by the transferred facilities. Des Moines also agrees that any revenues it receives ftom ratepayers residing in Federal Way or its P AA shall be used to satisfy indebtedness associated with the facilities in Paragraph 2, and not for any other facilities. . 6.2. provide water and sewer sèrvice to ratepayers residing in Federal Way or in Federal Way's P AA at a reasonable ratb th!Ù is 11IÚÍorm for the same class of customer or service. The rate gha11 be based on the cost of providing service, which shall be detcnnined according to, among ,other thinj¡s. the costs of maintenance. operation and repair of the system, the costs of any special indebtedness bonds or warrants, the location of various O~/~~/~~ WLU ii:~~ rAA 'UO O/U O~~V ~... ...... vr U,w.,) "'v" c:::~ 1;j(1Q b::>,+1Q Draft Interloeal A&J'eementBetween Cities of Des Moines and Federal Way CoDcernin& Lakehaven Assumpti°uIDiasolution Page 6 01125/98 - 11:06 AM customers and the difterenc(', if any, in cost of maintenance, operation, repair, and replacement of syst;cm parts. the; different cbar~'ter service being furnished, capital contributions made to the syst~m, including but not limited to assessments, provision for reasonable operational resQ'V(;~~ for the facilities described in Paragraph 2, and my other matters which present a reasonable difference as a ground for distinction. Prior to the effective date of the tr~fer, Des, Moines and Federal Way shall enter into a supplemental agreement allocating ,W.sts of ~tment and c:ollection, and providing for reimbursement to Federal Way of thèc;osts of In.~lU1œ and operation of the collection system located within the CityofFedcra1 Way or its PAA and discharging to the Redondo STP. 6.3. consult with Fcdcral Way and disccm Federal Way's position, before increasing rates to ratepayers residing in Federal Way or Federal Way's P AA. 6.4. Not impose a surcbæge upon Federal Way ratepayers in excess of any surcharge upon any other ratepayers being s~ry:d by Des Moines, unless the costs of providing service as determined according iO \ his ! I.:n:..,;taph L'ea:3or.~bly WaITa1t imposition of the suTcharge. Des Meines agrees 11(1\: 'iO j~P') ~e .l utility tax upon ratepayers residing in F edera { Way or Federal Way's PAA. . . 6.5. To the extent iluthorizcdby law, Deg Moines agrees to submit to plans for capital and major maintenanœ improvements to the facilities listed in Paragraph 2, and whose projected cost is greatI.'.2' tlw1 $1.00,000, to the City ofFedera1 Way fur review and approval. Des Moines will include with the plans a proposed funding mechSln1~m and anticipated debt repayment schedule, if any. Federal Way agrees to review and convey its decision to Des Moines within 30 days of receiving plans for the proposed capital improvements, and agrees that its approval shall not be unreasonably withheld; e.g., Federal Way shall not disapprove a proposed capital improvement because of the type of proposed funding mechanism. Des MoiDCs shall not constTuct a proposed capital improvement until it has received Federal Wu)l~ al'PI"f)öf?J. I 7. Expression of MuOla CoQllert'r?21.1 In consideratior, tt.;; FèC.eral Wa;1's .:.é,lfeement to ?rov<.de for future tra..."'lsfer, Des Moines agrees that this Inted(/.,; 11 Agl'{'cment 1~1l1 serve as 1(5 official expression of mutual cooperation with the City ofFedera1 Wa}+. it~ efto)t to assmrm and dissolve the Lakehaven Utility DistriCt. Accordingly, the City of D~ Moines exprenly authorizes and approves the filing of this Agreement, including but not. limited to ... specific expression of mutual cooperation as set forth herein, before the Washington State Boundary Review Board for King County, the King County Superior Court, or any other entity with review or approval authority over the U~/~~/~O "~U ~~.v, r4A ,uu ~U Uy~V "... "'. ......"...". c:::.~o or~ 0,,)'"+"" Draft Interlow A&reement ßetwee~ Cities of Des Moines and Fe~ral "'ay Concerning Lakehaven AssJlmptionlÞissoJutiOD Page 7' 0%125/98 .. 11 :06 AM assumptioI1/dissolution. To the extent any entity has review or approval authority over the transfer of facilities to Des Moines a$ provided for in Paragraph 6 above, Fcdcra1 Way agrees to express its mutual cooperation with Des Moj1)~.s i" accomplishing such transfer in writing to that entity. 8. General Provision~. , , ." 8,1 This Agreeme~tmayb~~unendedat :any time by the mutual written consent of the parties. 8.2 This Agreement shall take. effect immediately and shall continue in effect until terminated by mutual agreement of the parties. 8.3. Neither party may assign this Agreement without the written consent of the other party. 8.4. Bach party smll be res::ow.ible for the consequences of any negligent or wrongful act or failure to act en the part of itself: its elected official, agents, volunteers and employees. NeithQ1' party assumes œsponsibility to the other party for the consequences of an act or admission of any person, finn or corporation not a party to this Agreement. r v 8.S. Any provision oftbis Agreement which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or lack of enforceability, without-invalidating the remaining provisions or aftecting the validity of enforcement to such provisions. 8.6. The following persons shall be the contact person for their respective jurisdiction. a. City of Des Moines; Robert L. Olander; ~r his <;uccessor in in', :rest City Managèr ' 21630 llthS:"'" Des MC'IDes. WA 981~8 (206) b 18-45 95/F ax: (;!OS) 870-6540 b. City of Federal \Vay: Kenneth E. Nyberg, orllis su~essor in interest 02125/98 WED 11:J4 bU ¡':UO O/u Oi)oilJ \...1..1..1. v. U¡;'J ...v~ '::;\Ob tI ( IQ b:>'+1Q ,,\ Draft Interloeal Agreement 'B~tween ' Cities of Des Moines and Federal Vi ày Concerning Lakeha~eD AssamptioDlDissolutioD Page 8 02/25/98 - 11:06 AM City Manager 33530 1st Way S. Federal Way, WA 98003 (253) 661-40l3/Fax: (253) 661-4024 8.7. A copy of this,Agrectl\cnt shall be filed with the City Clerk of the Cities of Des Moines and Federal Way, and tÞ.c County Recorder for the County of King. 8.8 The parties shall negotiate in good faith any supplemental agreements necessary to effectuate the terms of this Agreement or to continue to facilitate the sound operation and maintenance of the Redondo STP and the sewage collection system it serves. Notwithstanding anything to the contrary in Paragraph 6, the obligation to transfer ownership of any property or facilities to Des Moines shallllOt be triggered until all necessary supplemental agreements have been mutually agreed upon wd etet".~ ttJ 1)y the parli~. 9. Dispute Resolution Proceóli:e.~.. 9.1 9.2 If. within 180 days of Des Moines' official notice of its intent to assume ownersbip, ope1'aûon and control of some or all of the assets, facilities and reat property specified in Paragraph 2, the parties are unable to mutually agree on any n~sry supplemental agreement(s) related to the transfer of ownership of such propmyor facilities, or if a dispute arises ftom or relates to this Agreement or the breach thereof and if the dispute cannot be resolved through direct discussions, the parties agree to endeavor first to settle tbe disp\'\tein an amicable manner by mediation adm1n;stered by a mediatoi' 'ooder' the American Arbitration Association's Rules before resorting to arbitration. The mediator may be selected by agreemmt of the parties or throuih the American Arbitration Association. ".'.' ,,'. "'\' ,"" Following mediation, or a written agreement by the parties to expressly waive the mediation process, any unresolved controversy or claim arising ftom or relating to this Agreement or breach thereof shall be settled through arbitration which shan be conducted under the American Arbitration Associationls Arbitration Rules. The arbitrator may be selected by agreement of the parties or through the American Arbitration Association. All fees and expenses for mediation or arbitration services shall be borne by the parties equally. However, each party shall bear the expense of its U~/~~/~ð n~ ~~.ù~ råA ~uu ~v Vú~v "...... "'. .,-- --. c..""c cr"" C..>"-t"-' Draft Interlocal Agreement Between Cities of Des Momes and Federal Way CoøœrniDg Lakehaven AssumptionIDislolutioD Page 9 01/15/98 - 11:06 AM own eòunsel, ~ltpPrt.s) 'witnesses, and preparation and presentation of evid=nce. 9.3 All questions related to this Agreement shall be resolved under Ùle laws of the Stàw of Washington. In the event that either party deems it necessary to institute legal action arising ftom this Agreement, such action shall be instituted in the King County Superior Court. The parties each consent to the personal jurisdiction o(such court. E~cept as otherwise provided by law, it is expressly understood that neither party can institute any legal action against the other based on this Agreement until the parties have exhaust:d the arbitration procedures required by the previous paragraph. IN WITNESS WHER F..OF' the parties bve hereunto placed their hand and seals on the day and year indicated. CITY OF DES MOINES CITY OF FEDERAL WAY BY: BY: Robert 1. Olander City Manager Kenneth E. Nyberg City Manager Date: --- Date: Approved as to Form for City of Des Moines: Approved as to Fonn for City of Fedet'al Way: Gary N. Mclean, City Attorney Landi K. Lindell, City Attorney 02/25/98 WED 11:35 FAX 206 870 6540 CITY OF DES MOI'~- 206 870 654Ø ~ uJ.J. Draft Interlocal Agreement Between Cities of Des Moines and Federal Way Concerning LakehaveD AsswnptioDlDinolution Page 10 ,. 02/25/98 - 11:06 AM A'ITEST: This_dayof .,. .1998. ATI'EST: This day of . 1998. Denis Staab Des Moines City Clerk N. Christine Green. CMC Federal Way City Clerk K: I.IaIa:bavolinLcr 1;3. ~ MEETING DATE: March 3,1998 ITEM# 7(~) """""""""""""""""""""""""""....,.............,...............................................................................................................,.......................,................. .................. CITY OF FEDERAL WAY City Council AGENDA ITEM ... § Y..~!~ ç !,;...¥. ~ ~.~ ~..A ~ .~. ~ p !.~~ ~ .~.~.~ ~~..ç ~~Y.~..~~J~.~~.~.~..~~ ~~.Y..~ !~.~~.. r..~~ J~.~.~.. ....."........... CA TEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT _PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ...........................,.............................................................,..............................................................".............................................. ..............."........................... A TT ACHMENTS: Parks, Recreation, Human Services and Public Safety CmUlcil Committee action fonn dated February ...........................,..........................~.?~..~?~~:...................................................................,.................................................................. ...........,............................ SUMMARYIBACKGROUND: On May 20, 1997, the City Council awarded the Lake Grove Ballfield Renovation project to Ohana Nursery for $183,699.45. The project scope involved the reconstruction and upgrading of the existing sports field at Lake Grove Elementary School. The project included two 200 foot basebalVsoftball fields with an overlapping youth field, underground drainage and iITigation system, new backstops and dugouts, new warning track fencing and installation of a new retaining wall. The City selected to upgrade the field seeding to sod field installation. The final project amount of $207 ,662.38. The budgeted amount ... ~~~. ~.~~9...Q99:... I~~ .p.~~L<?~~. \~. ~~~ p. !~!~..~~. ~~.~. P.?~g~~:..... .......,...... ........................"............................................. ........ ........ ......... .......,............ CITY COUNCIL COMMITTEE RECOMMENDATION: On FebruaIy 23, 1998, the Parks, Recreation, Human Services and Public Safety Council Committee passed a motion to approve acceptance of the construction contract with ... 9.~~.l!. ~, ~ o/.~~ry. r ~~. ~~~. .~.~~. .9.~gy'~. !?.~~~fl~~q.~~~Q~ !l.~~~.~.p'~.<?j~.L... ......... ........,... ....... .....,......... ..... ................,.... ........ ..., ................. ........... CITY MANAGER RECOMMENDATION: Fkœ-tvt æ o£(Þ,"",- Nt'vr-:æo^?, EeõYj~f (~ k-fl<? 6w,1J"( O'>-i(~.?'¿4 R.c ", ~1¿,' ~ " 'tt£ .', <:LL<-J4-..: Î2/ " I I) v,: ~, .........~~~~..r:Y.:~!...~~...~~...".:...~~......::-::...~::~~....:.~.....~~~~==.~...................................L~...,....,:.~I 1'J........ APPROVED FOR INCLUSION IN COUNCIL PACKET: (/Jj) (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERRED/NO ACfION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # Item SA CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Subject: February 17, 1998 Jon Jainga, Park Planning and Development Manage~ Final Acceptance for the Lake Grove Ballfield Renovation Date: From: Back2round: On May 20, 1997, the Federal Way City Council awarded the Lake Grove Ballfield renovation project to Ohana Nursery for $183,669.45. The project scope involved the reconstruction and upgrading of the existing sports field at Lake Grove Elementary School. The project included two 200 foot basebalVsoftball fields, with an overlapping youth soccer field, underground drainage and irrigation systems, new back stops and dugouts, new warning track fencing, and installation of a new retaining wall. The City selected to upgrade the field seeding to sod field installation. The final project amount was $207,662.38. The budgeted amount was $240,000. The project is complete and within budget. " Committee Recommendation: Motion to approve acceptance of the construction contract with Ohana Nursery for the Lake Grove ballfield renovation project. APPROVAL OF COMMITTEE REPORT: -- ,,'" d~ . II" c.L.-..v--J ommittee Member Committee Member MEETING DATE: March 3,1998 ITEM# X (i- ) ....................................................................................................................................................................................................... ............................................. CITY OF FEDERAL WAY City Council AGENDA ITEM ... ~ Y.~.!~ ç.!.;...¥ ~.~.~ ~..A ~ .~. ~ p ~.~ ~~.~!~~E.~...!~.~~~..¥..~.~.~~. .!.~ P.!". ~Y.~.~.~.~.!..~.!". ~ J~ .~.!. ....... ""'" ...... CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ """"""""""""""""""""""""""".........................................................................................................,.................................................................. .................. A TT ACHMENTS: Parks, Recreation, Human Services and Public Safety Council Committee action fonn dated February "'.'..'....,.."""""""""."."""""""",~.?!..~~.?~:........................................................................................................................................................ ...................... SUMMARYfBACKGROUND:. On August 1, 1995, the City Council approved the 1995 CDBG reallocation ofHany S. Truman High School ballfield project to the Mark Twain field improvement project. This approved $144,348 from the CDBG reallocation. Buckley Nursery was awarded the bid for $134,294.20. Buckley Nursery's scope of work included installing an underground irrigation system, retaining wall, new subsurface soil mix, and coordination of the installation of sod through community volunteers. The project also improved the accessibility to the field. The project is complete and within budget. The fmal project amount if ... ~.!. ~ ~ ...~? ~:.~ Q. .~!l.~.! ~. ~!l.~~~. ~~. ~ !:l.~ g~~~~. .~~~~. ~f t~~.~ !~.~~:. ..IÞ:~.p'~~j.~!.~.~.~.~~~. ~!l..f.~P.~~. .~.~....!.~.?~:................... .................. ...... CITY COUNCIL COMMITTEE RECOMMENDATION: On February 23, 1998, the Parks, Recreation, Human Services and Public Safety Council Committee passed a motion to approve acceptance of the construction contract with ... ~ ~~~.l.~y'. ~ ~~~ry. f'?t .~~~..M ~~..I ~ ~.~.! ~.~.~~. .~P..~~.~~~~~~ .PEC?j ~~:........... ............ ............ ......... ....... ....................... ................ ....................... CITY !\tANAGER RECOMMENDATION: {t;aM' 1fl ~"¿} N~o:"';)- C<.,.",rv~.A~ 1....:.. ~t1d.~TL---.~v';", zo.) ... fh,:: Ç!&!!~'.. ~~~f~.~.~::.~.:::t.. bY.~: ~... ~?.. ~:~~~~:::... .~~... ~~~.~.~...~. ~=~:~.'~~~~. ~=......... .R£.4.. .~/{g~'1 APPROVED FOR INCLUSION IN COUNOL PACKET: &f) (BELOW TO BE COMPLETED BY CIIT CLERK'S OFFICE) COUNCIL ACfION: _APPROVED DENIED - T ABLEDfDEFERRED/NO ACfION COUNOL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # Item 5B CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: From: February 17, 1998 Jon Jainga, Park Planning and Development Managerp Final Acceptance Mark Twain Field Improvement 97-111 Subject: Backa=round: On August 1, 1995, the Federal Way City Council approved the 1995 CDBG reallocation of Harry S. Truman High School ballfield project to the Mark Twain Field Improvement project. This approved $144,348 from the CDBG reallocation. Buckley Nursery was the lowest responsible, responsive contractor and was awarded the bid for $134,294.20. Buckley Nursery's scope of work included installing an underground irrigation system, retaining wall, new subsurface soil mix, and coordinated the installation of sod through community volunteers. The project also improved the accessibility to the field. The project is complete and within budget. The final project amount is 134,294.20 and is under the budgeted amount of 144,348. The project was accepted on February 13, 1998. Committee Recommendation: Motion to approve acceptance of the construction contract with Buckley Nursery for the Mark Twain ballfield renovation project. APPROVAL .OFCOMMITTEEREPORT: ~~ ..... mittee Member Committee Member G:\CLERK\CMTE.REC 3/11/96 MEETING DATE: March 3,1998 ITEM# ~ ) """""""""""""""""""""""""""'"""""""""""""""""""""""""""""""""""""'.""""""""""""""""""""""""""""'"............................................"........ CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 1998 Youth Commission Work Plan """"""""""""""""""""""""""""""""""""""""""""""""""""""""""'."'""""'.""""""'.""""""""""""""""""""""""""""............................."............ CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE _BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ """"""""""""""""""""""""""'"""""""""""""""""""""""""""""'""""""""".""""""""""""""""""""""""""""""'""""""""'.""""""""""""""""" ATTACHMENTS: Parks, Recreation, Hwnan Services and Public Safety Council Committee action form dated February 17. 1998. """""""""""""""""""""""""""""""""""""""""""""""""""""""""".............................................................................................................................,.. SUMMARYIBACKGROUND:. The Youth Commission approved their work plan at their February 12 meeting. Theplan includes the following projects: Youth Forum; Federal Way High School mural; used book drive; Youth Recognition Night; Battle of the Bands' and lay'out/desiPTl of the web Pa¡re(s\ .....................?........... ...............>T..-..................... ...><..~.I............................................................"""""""""""""""""""""""""""""""""""""""""""""""" CITY COUNCIL COMMITTEE RECOMMENDATION: On February 23, 1998, the Parks, Recreation, Human Services and Public Safety Council Committee passed a motion to approve the 1998 Youth Commission work plan and ...f ~~.~T~.!!?. ~~.~. ç!? ~~!~..f <?~.. ~P.P ~~~.~!:....................................... ................., ..................,... """"'" ................".......... """"""" ........... """"""."""""'" OTY MANAGER RECOMMENDATION: ~~ 1'1'1 "I ~ (,~v.~.,;", ~ 'Mti );',:.~:ð ~" 7¡¡~"Xú.,. """"""""""""""""""""""""""'""""""""""""""""""""""""'."""""'"...............................................................................~...........~.........!-;l......... APPROVED FOR INCLUSION IN COUNOL PACKET: é!JJÞ-.I (BELOW TO BE COMPLETED BY CIIT CLERK'S OFFICE) COUNCIL ACTION: _APPROVED DENIED - T ABLEDIDEFERREDfNO ACfION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # Item SF CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: From: Subject: February 17, 1998 Kurt Reuter, Athletics and Specialized Services Manage$" Parks, Recreation and Cultural Services Department ;. 1998 Youth Commission Work Plan Background: The City of Federal Way Youth Commission approved this proposed work plan for 1998 at their February 12 meeting. It is submitted for Committee approval. The plan includes the following projects: 1. 2. 3. 4. 5. 6. Youth Forum Federal Way High School Mural Used Book Drive Youth Recognition Night Battle of the Bands (held the Friday night before Family Fest) Web Page(s) layout!design Committee Recommendation: 1. Approve the 1998 work plan as proposed by the Commission and forward to full Council for approval on March 2, 1998. OVAL OF COMMI'ITEE REPORT: . .~ - . ",--' .,:-----..- ,'-"'~_..- - mmittee Memb Committee Member MEETING DATE: March 3, 1998 ITEM# 12= Ch) """""""""""""""""""""""""""""""""""""""""""""""""""""""..................................................................................................................................... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 1998 Parks and Recreation Commission Work Plan .....................................................................................................................""""""'.""".'."""""""'."""""""""""""""""""""""""""""""""'."""""""""" CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ .............................,.....................................................................................................""""""""""""""""""""""""""""""""""""""""""""........................ . A TTACHMENTS: Parks, Recreation, Hwnan Services and Public Safety Council Committee action form dated February ......................................................~.~.~..~.?~~:.................................................................................................................................... .......................................... SUMMARYIBACKGROUND:. At the Parks and Recreation Commission February 5,1998 meeting, amotion was made to approve the following 1998 work plan: Celebration Park Skate Park Wedgewood Neighborhood Park Off-Leash Park The off-leash park work item was included in the plan to replace the Adopt-a-Park program, which was completed and fOlwarded to staff. ....................................................................................................................................................................................................... ............................................. CITY COUNCIL COMMITTEE RECOMMENDATION: On February 23, 1998, the Parks, Recreation, Human Services and Public Safety Council Committee passed a motion to approve the Parks and Recreation Commission's ...~~~.i.~.<?~..~.~.~~..~~~J.<..P.~~:...................................................................................""""""""""""""""""""""""""""""""""""'".................................... ... f; ;~~ ;~~~~ ~~. ~~~~ ~~~ ~~~~!~~~~. ~~~.~~~=:..~~. ~~. ~ :~..=~. Jæ4~~ ð ~~~.~~. ~~~.~~~~...... APPROVED FOR INCLUSION IN COUNCIL PACKET: (fffJ (BELOW TO BE COMPLETED BY CIIT CLERK'S OFFICE) COUNCIL ACfION: APPROVED DENIED T ABLEDIDEFERRED/NO ACfION COUNOL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # Item 5H CITY OF FEDERAL WAY CITY CO UN CIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: February 12, 1998 David Wilbrecht, Deputy Director rff Parks, Recreation and Cultural Se..J¡ces Department From: Subject: 1998 Work Plan Background: A group of citizens approached the Park and Recreation Commission last February 1997, requesting an off-leash dog park. During the meeting the Commission approved a motion to request the Council to include the item in the Commission's 1997 work plan. The Commission also asked the group to collect additional information to better understand the request. During the April Parks and Recreation Committee meeting, committee members reviewed the off- leash dog park request as an information item from the Parks Commission. During the June Parks and Recreation Council Committee, the committee reviewed the Commission's work plan and revised the work to included the following items: Celebration Park, Adopt-a-Park and Skate Park. The Committee indicated the off-leash dog park would be added to the Commission's work plan when another item of the Commission work plan was completed. The Commission has completed the Adopt-a-Park information and will forward their final draft to Council in March. At the Commission's February 1998 meeting, the off-leash dog park group presented information about other off leash parks in the region, and requested the Commission include the work in their work plan. The Commission reviewed the request relative to other work plan items and moved to recommend to the Parks, Recreation, Human Services and Public Safety Council Committee that the 1998 work plan be restructured to include the following work areas. The first is Celebration Park. This work includes policy and procedures and funding activities. The second is citizen oversight for three projects: skate park, Wedgewood Neighborhood Park and off- leash park. Committee Recommendation: 1. Approve the revised 1998 work plan as proposed by the Commission and forward to full Council for approval on March 2, 1998. Approve the 1998 work plan as amended by the Committee and forward to full Council for approval on March 2, 1998. 2 APPROVAL OF COMMITTEE REPORT: Option No,-L- .' C Committee Member MEETING DATE: March 3,1998 ITEM# ~. V<-J ........................................................................................................................................................................................".............. ............................................ CITY OF FEDERAL WAY City Council AGENDA ITEM ....~ Y.~~. ç.!.;... .. . .~.~ ~ .~~ . ~ f..~ ~ ~.! ~ ~.~..!.l.!g ~~ . ~ f. .~~Y.. !::~~~~ ~~.~ ~~~~~~~~~.. çl!. ~~~~~........ ... ........ . ................. ................ CATEGORY: BUDGET IMPACT: CONSENT _ORDINANCE _X BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ .............................................................................................."""""""",.""""""",..."""",.""""""""",.""""",.""."""""",.................................................. .... ATTACHMENTS: October 13, 1997 memorandum to the Land Use and Transportation Committee ....................... .............. ............ ....~ ~.Y.~.~~.~~.~.! }.~.~? q~. ç~.~.~~.~..~g~!:l.~~)~......................... .................. ............. ........................... ............. SUMMARYIBACKGROUND: On February 17, 1998 the following bids were received for the 1998 Right of Way Landscape Maintenance Contract: Myers Master Lawn Care Whirlwind Services, Inc. Engineer's Estimate $ 99,892.30 $109,673.32 $ 95,000.00 The proposal from the low bidder, Myers Master Lawn Care, includes $91,204.30 for the base landscaping services on identified major arterials and $8,688.00 for additional landscaping services for arterial streets not specifically indentified in the contract. The available 1998 budget for this contract is $95,000.00. To be within budget, the additional hours in the contract for work on streets other than the major arterials identified in the bid document has been reduced ftom 400 hours to 155 hours per year. At the November 5, 1997 meeting, the City Council approved authorizing staff to bid the 1998 Right of Way Landscape Maintenance Contract, and present bid results and recommendation directly to the City Council for award. Staff recommends awarding the project to the low bidder, Myers Master Lawn Care, in the amount of $91,204.30 for base services, and approving Staff to authorize additional work up to the budgeted amount of ...~.~?!.qQg.:......................................................................................................................................................................"""""""",,""""""""" """"""""'". CITY COUNCIL COMMITTEE RECOMMENDATION: Award the 1998 Right of Way Landscape Maintenance Contract to the low bidder, Myers Master Lawn Care, in the amount of$91,204.30, approving $3,795.70 for additional work to be determined by Staff, for a total amount of$95,000, and authorize the City .. .~.é!i.~.é!i.g~~..!?..~~~~.~.~~.. ~.~~.~g.~~~~~~:..................... ....... ......... ................ ... ... ... ........... .................. ............ ....... ................. ........... ............ ....... ......... ... CITY MANAGER RECOMMENDATION: ~-v-c ~";;:i\fT'C(- ¿~-1 (u.u~v~' n/) ¡;;;'Y\'v~~:.¿zû.? ì--e(CYW~c'-~( .............................................................................................................................................................::.................................~'...ð. .~«.............. APPROVED FOR INCLUSION IN COUNCIL PACKET: ~/ (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 # pw K:\COUNCll..\AGDBII.LS\1998\LANDA WO. WPD ~ c. . ' DATE: October 13, 1997 TO: Phil Watkins, Chair Land U selTransportation Committee ~r FROM: Ken Miller, Street Systems Manager SUBJECT: 1998 Right of Way Landscape Maintenance Contract Background Upon incorporation, the City's Public Works Department contracted with King County for landscape maintenance services. In 1993, the Parks Department contracted with a private contractor for right of way landscape maintenance services and in late 1993, the Public Works Department assumed management of the contract. In 1994, Vadis Northwest was the low bidder for the work and the contract term was extended for one year through 1995. In 1996, Myer's Master Lawncare was low bidder and the contract was extended through 1997. The contract for right of way landscape maintenance pertains to maintenance of arterial streets only, and includes So 312th Street, So 320th Street, So 288th Street, So 348th Street, So 336th Street, SW 320th Street, 21st Ave SW, 1st Ave So, 1st Way So, and Library Lane (see attached map). Action Based upon the work perfonned under the previous contracts, staff is recommending revising the scope of work and rebidding the contract. The revisions include adjusting the frequency of mowing seasonally in certain locations, and increasing the limits of So 348th Street that are maintained to include the median/landscape strip next to the truck stop. We anticipate bidding the contract in January, 1998 and bringing the results to Council in February for award. Recommendation Staff recommends forwarding the following to the November 4, 1997 City Council meeting on the consent agenda: 1) Authorize City staff to publicly bid the 1998 Right of Way Landscape Maintenance Contract; If bids received are within budget, present results directly to the City Council for award. 2) KM:jg attacluncnt k:\lutc\981andsc.mcm - -- --- ....- ......----..- ....- _...- -...- _....----- .........- ...... -..- -.---- -..- -..- -...-..- -..-.---------- -- -..-----.- -- ---.----.-- -- --- --.. -.- -'- .---- -- -.... -- .. I . (j------ t - 1 998 LANDSCAPE MAINTENANCE CONTRACT ~ ~. PROPOSCD COHJ'IUC7" JI'A/HTUHCD ST/M'Cl'S ----$ 288TH $T -- JOTH AI-!" S TO SR 99 ----S 312TH ST - SR 99 TO 1ST AVf' S ----1ST A I-!" S - S .J50TH ST TO S 312TH ST ----S 3JôTH ST - SR 99 TO 1ST A Vf' S ----21ST AI-!" SW" SW 35ôTH TO SW 312TH ST ----SW 32OTH ST.. SR 99 TO 47TH AI-!" SW ----$ 348TH ST - SR 99 TO HOYT RO ----SW 342NO ST (LIBRARY LN) .. MEDIAN ----SW.J$6TH ST - 1ST AI-!" S TO 21ST AI-!" SW ~ SEATTLE PUCET SOUND /~ PU YALL UP TACOAIA \ " MEETING DATE: November 5, 1997 ITEM# /'/ ( ,."'..'..'..""'...'-"""."""""'.'..""'..'.'.".""'.".""""""".'.'."'.'.""..........-..",.............--"'.".""_.'."~ï.".".~"'- - ............................................ . I . CITY OF FEDERAL WAY City Council AGENDA ITEM I SUBJECT: 1998 Right of Way úuulscape Maintenance Contract /'/ -.. ....... ... .... ..-... ....... .......-- ....... ......, ....... .n..... ...". ....... ........ .,.... .-..... .----.. ..--.-...... . ..... """"'.'.""""".."" .".. ...,,",...... ..... ............... /' CATEGORY: BUDGET CT: // "'--..--,"'--' Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION 0 THER ..., ".'."."'.".""" .............. .'.'.'..'."'. .............. ....... .............. ....... .............. ....... ..'.".".'.""'.-.-"""'.-"'m ."" ".""'.'.'.'.'.'..'.".'" ..... ..... ............ ...... ..... ..... '.'.. ATTACHMENTS: Memorandum to the October 20, 1997 meeting of the Land Use and Transportation Committee and project location map . . ." ..... ... ..... ....m...... ...... ".,."".."" .... ....,..... ..... ....................... .-.............. ... ""-",,,. .......... .,...... ........ ....,.................. ................. ..,.................. ... ................ SUMMARY/BACKGROUND: Staff recommends revising the scope of work and rebidding the landscape maintenance contract for 1998. Revisions include adjusting thç. frequency of mowing and associated work seasonally in certain areas, and increasing the limits forÿaintenance on South 348th ... ~. ~ ~ ~.. ~ ~. . ~ ~ ~ ~ ~:.. ~~. . ~ ~.~ ~ ~ .. ~ ~ ~.~... ~.~ P... ~ ~~! ..~~..~ ~. !~:~...~.~ ~ p. :.......... ......... ... ...... .. ... .. . . ... ., " . . ... . . . . .. ... .. ... . ......... . . on . CITY COUNCIL COMMITTEE RECOMMENDATION: At its October 20, 1997 meeting, the Land Use and Transportation Committee approved forwarding the following staff recommendations to the November 5, 1997 City Council: 1. Authorizing staff to publicly bid the 1998 Right of Way Landscape Maintenance contract; 2. If the bids received are within budget, present results directly to the City Council for award. . "~.~"~¡G~"~CÕ~¡;;Õ~~."".;~~.~:.~~~"'~~'~::~::':¡¡.'L~"'~~..Z.~."7(.' '::::l:'~'~~'.'~" .,........... "" ... ................ ......,. ....... . ........., ................ ..,.......... ......... ........ .... ......,............ ......,.... ..... ...... ..... '_m ........ ...."............. ..l~it .d. ~.... ........ ........ APPROVED FOR INCLUSION IN COUNCIL PACKET: (/ìjt (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED D ENIED T ABLEDIDEFERREDINO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION #) k: \couoc iI\ac db ilia \ 9 81andac . cc MEETING DATE: March 3,1998 ITEM# ~ {l-J ...............................................................,............................................"""""""""""""""""""""""""""""'".................................................,.......... ............... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: DISTRICT COURT DISTRICTING COMMITTEE ....................................................................................................................................................................................................... ............................................. CATEGORY: BUDGET IMPACT: CONSENT _ORDINANCE _X_BUSINESS HEARING FYI _RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ............................................................................................................................................."......................................................... ............................................ A TTACHMENTS: Memo from Deputy City Manager Keightley to Mayor Gintz dated February 20, 1998, with attachments. """""""""""""""""""""""""""............................................................................................................................................................................ .................. SUMMARYIBACKGROUND: The King County Council recently passed Motion 10402 calling for the convening of the district court districting committee. They have requested Mayor Gintz name a representative for membership. Mayor Gintz has selected and will appoint the Honorable Robert Stead, Federal Way District Court Judge, to serve as the city's representative on the districting committee. ....................................................................................................................................................................................................... ...................,......................,.. CITY COUNCIL COMMITTEE RECOMMENDATION: nJa ......................................................................................................................,................................................................................ ............................................. ~~==;~~~:~ :::: =~~~: ~ :~~:~i:t ~: :~:: ::::~ð¡¡::::::~~: ~: :¡:r;:ngm APPROVED FOR INCLUSION IN COUNCIL PACKET: my (BELOW TO BE COlvfPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERRED/NO ACTION COUNCIL BILL # 1 st Reading Enactment Reading ORDINANCE # RESOLUTION # DATE: 20 February 1998 TO: Mayor Ron Gintz Philip D. Keightley, Deputy City ManagerJ];tv FROM SUBJECT: District Court Districting Committee I spoke to Judge Stead, as you requested, to ask as to whether he would be willing to fli1 the position you are requested by King County to appoint to the District Court Districting Committee, which is to consider adjustments to the county's electoral precincts boundaries. He said he would be happy to serve on the committee on behalf of the City. You can make the appointment at the March 3, 1998 City Council meeting. The committee's fIrst meeting is March 5. Attachments c: Judge Stead City Manager City Clerk City Attorney ." RECEIVED FEB 1 7 1998 CITY CLERKS OFFIC CITY OF FEDERAL WJ LARRY GOSSETT Metropolitan King County Council District Ten February 13,1998 Mayor Ron Gintz City of Federal Way 33530 First Way S. Federal WdY, WA 98003-6210 Dear Mayor Gintz: The King County Council recently passed Motion 10402, calling for the convening of the district court districting committee, for the purpose of amending the districting plan to adjust the King County district court electoral district boundaries, pursuant to the Revised Code of Washington, Chapter 3.38. Please find enclosed a copy of Motion 10402. The districting plan contains the boundaries of each electoral district of district court. These electoral districts consist of county voting precincts, which will be adjusted in the spring of this year. The districting plan must be amended to reflect the proposed electoral precinct boundary adjustments and provide that no city is located in more than one electoral district of district court. The districting committee must approve amendments to the districting plan and submit such al11endl11enb to the Council for adoption. . I respectfully request that pursuant to state law, you as the Mayor of the City of Federal Way, name a representative for membership in the districting committee. The committee will meet, to amend the districting plan to adjust the district court electoral district boundaries, on Thursday, March 5, 1998 at 3 :30 in the Southwest Conference Room on the 12th floor of the King County Courthouse. Please find enclosed the agenda for this meeting. Thank you for your assistance. If you have any questions, please feel free to contact me or Nina Rivkin, Council staff, at 296-1713. Sincerely, ~2t~~1r Law, Justice and Human Services Committee Enclosures e~~ ~¥' Room 1200, King County Courthouse. 516 Third Avenue, Seattle, WA 98104-3272 (206)296-1010 FAX (206)296-0198 TTYfTOO (206)296-1024 Internet: larry.gossettCå metrokc.gov ~ @ / January 28, 1998 Dt. Ct. Oistricting Comm. (NR) clerk 1/29/98 JANE HAGUE Introduced by: Larry Gossett Proposed No.: 98-074 1 2 3 4 5 6 7 8 MOTION NO. 10 40;2 A MOTION calling for the meeting of the district court districting committee for the purpose of amending the districting plan to adjust the King County district court electoral district boundaries. . WHEREAS, the district court districting plan contains the boundaries of each electoral 9 district of district court, pursuant to state law, and 10 WHEREAS, state law also provides that a city sh~l not lie in more than one electoral 11 district, and 12 WHEREAS, the boundaries of each electoral district of district court consist of county 13 voting precincts, and 14 WHEREAS, proposed revisions to the county voting precincts shall be submitted to 15 the council for approval no later than May 1 st, and 16 WHEREAS, the records and elections division shall submit to the council concurrently 17 with any proposed revisions to voting precincts,. proposed revisions to the King County 18 district court electoral district boundaries which result from the proposed voting precinct 19 revisions, and 20 WHEREAS, the districting plan, containing the boundaries of each electoral district of 21 district court, must be amended to reflect the electoral district boundary adjustments and 22 provide that no city is located within more than one electoral district of district court, and 23 WHEREAS, state law provides that the district court districting committee may meet , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: 20 21 22 23 24 25 26 27 ~O402~ for the purpose of amending the districting plan at any time on call of the county legislative authority; I NOW, THEREFORE, BE IT MOVED by the Council of King County: The district courtdistricting committee is hereby called to meet for the purpose of amending the districting plan to adjust the King County district court electoral district boundaries which result from proposed voting precinct revisions and which provide that no city is located in more than one electoral district of district court. ~ PASSED by a vote of ~ to 2- this q -t¿vday ofcÇ.-t" b/f {¡¡fit. y, 1998. KING COUNTY COUNCIL KING COUNTY, WASHINGTON ~ Clerk of the Council Attachments: 2 DISTRICT COURT DISTRICTING COMMITTEE MEETING Thursday, March 5,1998 - 3:30 p.m. King County Council Chambers AGENDA I. Call to Order 2. Introduction and Election of Chair (Larry Gossett, Metropolitan KingCounty Council) 3. Electoral District Boundary Changes (Bob Bruce, Superintendent of Elections, and Harry Sanders, Geographic Infonnation Supervisor - King County Department of Records and Elections)