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Res 97-253 RESOLUTION NO. 97-253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON AMENDING THAT CERTAIN CONCOMITANT AGREEMENT RELATING TO THE ZONING OF THAT CERTAIN PARCEL OF PROPERTY COMMONLY KNOWN AS CAMPUS HIGHLANDS TOWN HOME PROPERTY (PARCEL 7), RECORDED UNDER AUDITOR'S NUMBER 900305118. WHEREAS, on February 27,1990, a Concomitant Agreement, hereinafter referred to as "Agreement," was entered into by the City of Federal Way, Polygon 2000, Inc., and The Quadrant Corporation, establishing the zoning and methods of resolving potential disagreements with respect to vesting rights and the applicability of King County or City of Federal Way regulations, with regard to the property legally described in the attached Exhibit A and located on the south side of Campus Drive, immediately west of the Bonneville Power Administration power line easement at approximately 7th Way Southwest ("Campus Highlands" or "Parcel 7" herein); and WHEREAS, the Agreement was amended in 1993 by Resolution 93-144; and WHEREAS, The Quadrant Corporation ("Owner") owns Parcel 7 and proposes to convey the property to Jack McClurg and JGL Land trust, ("Developers"), who have applied for land use approval to allow the Federal Way Golf Learning Center which includes an approximately 10,000 square foot golf center with pro shop, deli, administrative offices, a two-level 100-tee driving range, a 4,500-square-foot putting green, putting courses and an 8-10 station batting cage with on-site parking areas; and WHEREAS, upon completion of the conveyance of the subject property, the Developers will become the "Owner" for purposes of this Agreement; and WHEREAS, pursuant to the modification provisions of the Agreement, the Owner and Developers submitted the appropriate application and accompanying materials on February 2, 1996, to modify the two Concomitant Agreements which includes the original Agreement and Resolution No. 93-144 to allow the construction of the Federal Way Golf Learning Center; and WHEREAS, the Owner and Developers request is summarized as follows: 1. Rezone Parcel 7 from Multifamily Residential, RM 3600 to RM 3600-1. (C(Q)~Y 2. Amend Section 2(B) of the Agreement to reduce the required buffer adjoining the single-family-zoned property from 100 feet of Type I to 40 feet of Type I landscaping. 3. Amend Section 2(D) of the Agreement to eliminate the requirement to widen Campus Drive for the entire length of the property and construct a left-hand turn lane. 4. Amend Section 2(E) of the Agreement to allow poles supporting the driving range protective netting up to 100 feet in height and building height of all other structures on the site is limited to 50 feet. 5. Amend Section 2 to allow the construction of the Federal Way Golf Learning Center as described in paragraph 1 of this document. 6. Adding the following new subsections to Section 2 of the Agreement, which provide additional development standards for the proposed project: A. The uses and site shall be developed substantially in accordance with the approved site plan. B. The signage standards of the Federal Way City Code, Section 22-1600, Table 2 (Recreation), shall apply to the proposed project. Directional signs as provided in Section 22-1599 of the Federal Way City Code shall be allowed. C. The following landscape buffers shall apply: (1) 100-foot landscape buffer of Type II landscaping along the length of the subject property fronting on Southwest Campus Drive east of the proposed driveway for the development and adjacent to the proposed golf driving range area as depicted on the attached site plan; and (2) 50-foot landscape buffer of Type II landscaping along Southwest Campus Drive west of the proposed driveway for the development adjacent to the proposed golf putting courses, as depicted on the attached site plan. D. A 25-foot landscape buffer of Type I landscaping shall be provided along the easterly property line abutting the Bonneville Power Administration power line easement. E. The proposed development shall comply with the provisions of Article XIX, Federal Way City Code, Community Design Guidelines. 7. Amend Section 3 of the Agreement to eliminate the requirement for dedication of 2 right-of-way necessary for the extension of 10th Avenue SouthwesU344th Street Southwest. WHEREAS, Section 8 of the Agreement and Section 5 of Resolution No. 93-144 allows for the amending of the Agreement in the same manner as a quasi-judicial project rezone in accordance with Section 22~296 of the Federal Way City Code (FWCC); and WHEREAS, Section 22-296 of the Federal Way City Code requires that quasi-judicial project rezones be reviewed under Process III, which requires the Hearing Examiner to issue a recommendation to the City Council, who will then make the final determination; and WHEREAS, pursuant to Process III Review, FWCC 22-482, the Federal Way Land Use Hearing Examiner held a public hearing on this request to amend the Agreement on February 18, 1997 and all public notice having been duly given pursuant to FWCC 22480; and WHEREAS, the requirements of the State Environmental Policy Act were met by the City of Federal Way by issuing a Mitigated Determination of Non-Significance for the proposed project on November 20, 1996; and WHEREAS, following the public hearing, the Federal Way Land Use Hearing Examiner submitted to the appropriate City Council committee his recommendation to conditionally approve the proposed amendments to the Agreement; and WHEREAS, the Federal Way City Council's Transportation and Land Use Committee, on April 7, 1997, having considered the recommendation of the Federal Way Laud Use Hearing Examiner, has moved to forward the Examiner's recommendation to the full Council. Now, THEREFORE, THE CITY COUNCIL OF FEDERAL WAY, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to Federal Way City Code Section 22-302, the City Council has considered the application, and after full consideration of the entire matter on the record before the Hearing Examiner, including the Examiner's Recommendation, the City Council hereby adopts by reference the Findings, Conclusions, and Recommendation of the Federal Way Land Use Hearing Examiner, attached as Exhibit B and incorporated by 3 reference herein. Section 2. In addition to the Findings, Conclusions, and Recommendation of the Federal Way Land Use Hearing Examiner, as adopted by the City Council in Section 1 above, the City Council hereby finds that the proposed rezone to allow the Federal Way Golf Learning Center is consistent with the public interest. The proposed Golf Learning Center is consistent with surrounding uses of land, including the Saghalie City Park and Junior High School, the Weyerhaeuser/King County Aquatic Center, and the Federal Way Little League complex, all of which involve recreational use by the general public. Likewise, the proposed Federal Way Golf Learning Center would be developed on a large, 22.5 acre site, consistent with the nearby Saghalie Park and School (25.5 acres), the Aquatic Center (11 acres) and the Little League complex (21.4 acres). Section 3. Based upon the Findings, Conclusions, and Recommendation of the Federal Way Land Use Hearing Examiner, as adopted by the City Council in Section 1 above, the City Council hereby APPROVES the Application to Amend Concomitant Agreements for Campus Highlands, Parcel 7, City of Federal Way file UPR96-0023 and Federal Way Land Use Hearing Examiner file FWHE#97 -02, SUBJECT TO the conditions contained in the Examiner's Recommendation and incorporated into this agreement in Exhibit B attached hereto, and SUBJECT TO the Sections 4-16 below. Section 4. Conditions of Approval. The following conditions of approval shall apply to the proposed Federal Way Golf Learning Center project: 1. The required buffer adjoining the single-family-zoned property shall be 40 feet of Type I landscaping. 2. The poles supporting the driving range protective netting shall be limited to 100 feet in height. Height of all other structures on the site is limited to 50 feet. 3. The uses and site shall be developed substantially in accordance with the approved site plan. 4. The signage standards of the Federal Way City Code, Section 22-1600, Table 2 (Recreation), shall apply to the proposed project. Directional signs as provided in Section 22-1599 of the Federal Way City Code shall be allowed. 5. The following landscape buffers shall be provided along the frontage on 4 Southwest Campus Drive: A. A 100-foot landscape buffer of Type II landscaping along the length of the subject property fronting on Southwest Campus Drive east of the proposed driveway for the development and adjacent to the proposed golf driving range area as depicted on the attached site plan. B. A 50-foot landscape buffer of Type II landscaping along Southwest Campus Drive west of the proposed driveway for the development adjacent to the proposed golf putting courses as depicted on the attached site plan. 6. A 25-foot landscape buffer of Type I landscaping shall be provided along the easterly property line abutting the Bonneville Power Administration power line easement. 7. The proposed development shall comply with the provisions of Article XIX, Federal Way City Code, Community Design Guidelines. 8. Condition 3 of the Agreement as shown below, shall not apply to the proposed Federal Way Golf Learning Center project: The Owners shall agree to set aside and dedicate to the City the necessary right- of-way corridor as established by the Federal Way City Council, subsequent to the date of incorporation, for the extension of 10th Avenue S.W./344th right-of- way corridor. The City Council shall agree to use its best efforts to complete the corridor route designation on or before April 3, 1990, but not later than May 1, 1990. The right-of-way for the route thus established shall be dedicated by Owners to the City prior to the issuance of building permits on either parcelS or 7. In addition, as provided in Resolution Number 93-144, the Owners and Developers are not required to contribute to the capital construction costs of an extension of 10th Avenue Southwest. 9. The Developers' request to delete condition 2 D of the Agreement is approved; provided, that in lieu of condition 2 D of the Agreement, the following conditions shall apply: A. The Owners and Developers shall dedicate to the City of Federal Way the 5 northern 5 feet along Parcel 7's entire Campus Drive frontage to facilitate future widening of Campus Drive and construction of a center left hand turn lane; and B. The Developer shall pay a pro rata share of the future Campus Drive widening project described in Section 4, paragraph 9.A above. Based on the Transportation Impact Analysis submitted by the Developers, the Developers shall be responsible for 1.8% of the estimated project cost of $2.6 million. The Developers' pro rata share ($46,800) shall be paid prior to the issuãnce of any development permits for the project described herein. Section 5. Abandonment of Application or Termination of Use. In the event that the Developers: (1) abandon the Federal Way Golf Learning Center (application numbers SEP96-O019, UPR96-O023, and SPR96-0020) for any reason; or (2) cease using the site as provided in Application Numbers SEP 96-0019, UPR 96-0023, SPR 96-0020, accompanying site plan(s) and this Resolution for any reason, the Agreement as modified herein shall be terminated, the zoning of the Campus Highlands Parcel 7 returned to RM 3600, and the Agreement as modified by Resolution 93-144 shall once again be in effect. Section 6. Permit ProcessinG. The City of Federal Way agrees to process any permit applications required as a condition precedent to approval of construction of the project. Section 7. Aareement Subiect to Code and SEPA. All building and occupancy permits, applied for or issued, shall be subject to the terms, conditions, and limitations of this Agreement, the November 20, 1996, Mitigated Determination of Non-Significance, and the applicable ordinances and codes of the City of Federal Way. Section 8. Owner Aareement. The Owner hereby acknowledges by its signature below that the City of Federal Way has not coerced the Owner; that, in fact, the Owner has offered to have the terms of the Agreement as modified herein imposed upon them and the subject property; that the Owner agrees to and is willing to abide by the terms of said Agreement as modified herein; and that the Owner further agrees that the conditions adopted in Sections 4 through 16 are necessary for the benefit of the public health, safety, and welfare of the community. Section 9. Liability. Liability for breach of any of the conditions of this Agreement shall be borne by the Owner of Parcel 7 at the time of breach (including at the time of any 6 continuing breach) and/or any entity who assists, aids, abets, or in any way encourages any breach. If The Quadrant Corporation conveys title of Parcel 7 to McClurg and/or JGL Land Trust, the City will not seek to enforce any conditions of this Agreement against The Quadrant Corporation following that conveyance so long as The Quadrant Corporation is not the Owner at the time of any breach or nonperformance of conditions of this Agreement, The Quadrant Corporation does not manage, direct, or control the affairs of JGL Land Trust, McClurg, or any other entity owning Parcel 7, and so long as The Quadrant Company does not assist, aid, abet or encourage the commission of any breach or nonperformance. Section 10. Soecific Performance. Damages are not an adequate remedy for breach of any of the conditions contained herein, and that the City is entitled to compel specific performance of these conditions as well as to receive damages for their violation. The Owner shall pay all costs and attorney fees expended or incurred by the City in enforcing the conditions contained herein, or in seeking damages for their violation. Section 11. Covenant. The conditions set forth in Sections 4 through 10 above shall inure to the benefit of and be binding upon the Owner, their respective successors in interest, assigns, heirs, personal representatives, guardians, administrators, successors, executors, directors, officers, agents, representatives, employees, and insurers, and upon any and all purchasers or lessees of any interest in the real property described herein. The benefits and burdens upon the Owner and the City created by this Resolution shall be and do create a covenant upon and shall run with and be appurtenant to the property described herein, benefiting the City of Federal Way. At the Owners' expense, this Resolution shall be recorded with the King County Department of Records and Elections with respect to the property described herein, and shall be included in all future instruments conveying any interest in said property. Section 12. Conditions Integral. The conditions of approval of the Federal Way Golf Learning Center application are all integral to each other with respect to the City Council finding that the public use and interest will be served by the approval of the application and modifications contained therein. Should any court having jurisdiction of the subject matter declare any of the conditions invalid, then, in said event, the approved application and 7 modifications granted in this Resolution shall be deemed void, and the Federal Way Golf Learning Center application shall be remanded to the Federal Way Land Use Hearing Examiner to review the impacts of the invalidation of any condition or conditions and to conduct such additional proceedings as are necessary to assure that the amended plan makes appropriate provisions for the public health, safety, and general welfare and applicable City ordinances, rules, and regulations and forward such recommendation to the City Council for further action. Section 13. Severabilitv. If any section, sentence, clause, or phrase of this Resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Resolution. Section 14. Future Amendments. Future amendments to the Agreement shall be processed by the filing of an application therefor, which shall be considered and heard in the same manner as a quasi-judicial rezone of property. Such action shall not release the Owner from any obligation assumed pursuant to the Agreement as currently amended, unless or until any future amendment has been approved by the City of Federal Way. Section 15. SiGnature. The Owner herein shall execute an acknowledgment of the terms of this Resolution, acknowledging the modification of the existing Agreement. Section 16. Effect of Resolution. This Resolution constitutes the entire decision with respect to City of Federal Way File No. UPR96-0023 and Federal Way land Use Hearing Examiner File No. FWHE#97-O2, and shall supersede and replace the amendments made by Resolution 93-144. Section 17. Effective Date. This Resolution shall be effective upon passage by the Federal Way City Council AND upon the signatures of the Owner as provided in Section 15 above. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS J!:!!!:....DAYOF~, 1997. 8 CITY OF FEDERAL WAY .~;[¿I:-¿/ (Lsf) MAYOR, MAHLON "SKIP" PRIEST THE TERMS OF THIS RESOLUTION ARE HEREBY AGREED TO AND ACKNOWLEDGED AS AMENDING THE CONCOMITANT AGREEMENT FOR CAMPUS HIGHLANDS TOWN HOMES. JGL Land Trust THE QUADRANT CORPORATION 9M~ tÝle:: R T;tl':~ '" ATTEST: ~ .0~;{~A~ CITY CLERK, CHRISTINE GREEN ApPROVED AS TO FORM: '-.// ;%('" ,---'------ CITY ATTORNEY, LaNDI LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: 05-13-97 05-20-97 RESOLUTION NO. 97-253 CONCOM2WPD 9 . I u; 0 [') 0 0 0" ç c EYJn8jT.__~ PAGE~ OF -Lei .' .EXHIBIT A PARCEL 7 ., . . .. ,¡ -. Cú . TIIOSE PORTIONS OF.' TilE NORTIIEAST ONE-QU1\RTER OF TilE IIOI1.TIIWEST . ONE-QU1\I1.TER J\ND TilE SOUTIIEAST ONE-QU1\l1.TER OF THE IWI1.THWEST . OIŒ-QU1\I1.TEI1. ALL IN SECTION 19, TOWNSH:¡:P 21 NOI1.TII, RANGE' 4 'EMT, H.M.,' IN KING,COUNTY, HASlIINGTOH', Si\ID PORTIONS BEING HORE P1\I1.TICUL1\RLY DESCRIBED AS'FOLLOWS:' . ,t. -' : 'COMI1EHCING ÄT TilE WEST~ ONE-QUlillTER CORNER QF Si\ID SECTION 19; TIIENCE ALONG TilE EAST/WEST CENTERLINÉ OF.' SAID SECTION 19 SBB.SBI22"E 12B2.94 FEET TO TilE SOUTHWEST CORNER 'OF TilE . SOUTHEAST .ONE-QU~TER -OF SAID NORTlrHEST ONE-QUARTER/, TIIENCE ALqNG TilE WEST\LINE THEREOF N01.l3'12"E 202.S5 FEET TO TilE NORTHWESTERLY," LINÈ OF THAT CERTAIn EASEMENT GIU\NTED TO THE\: UNITED STATES' OF !\MERICA FOR ELECTRICAL T~::;MISŠION LINES BY DOCUMENTS RECORDED UNDER RECORDING NUMBERS 'S034341, " S029SBO 11110' S027474; ',RECORDS OF SAID COUNTY {iliD TliE TRUE' POINT OF ,BEGINNING; . " . TIIENCE CONTINUING 1\LONG SAID WEST LInE AND TilE WEST LINE OF . SAID NORTHEAST. ONE-QUARTER "OF SAID NORTHWEST ONE-QU1\RTER . N01.13112"E 1-S02.B3 FEET TO 'A POINT 'ON.THE SOUTHERLY MARGIN OF THE Ll\NDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER BSO1170665; RECORDS OF SAID COUNTY, SAID POINT' BEING " . on 11. .CURVE CONCAVE TO THE lWRTlIEAST MVING 11.. RADIUS OF B42.00 FEET AND TO WHICH POINT 11. MDIAL LINE' BEARS S47"11142"WI . THENCE ALONG SAID MARGIN SOUTlIEASTERLY 111m EASTERLY BOlo 22 FEET 1\LONG SAID CURVE TJiROUGH 1\ CENTR1\L 1\NGLE OF 54.31'16" TO THE BEGINNING o't-,,1\.' REVERSE CURVE CONCAVE TO THE SOUTHWEST HAVING 11. MDIUS OF 618. 00 FEE~ (11. MDIAL LINE THROUGH SAID BEGINNING BEARS NO7"19'34"W) 1 'THENCE CONTINUInG ALONGS1\ID MARGIN EASTERLY 1\ND SOUTlIEASTERLY 647 .3B 'FEET 1\LONG SAID CURVE THROUGH 1\ CENTRAL 1\NGLE OF 60. 01111"TO SAID NORTIIWESTERLY LINE OF THAT CERTAIN EASEMENT' GR1\NTED . TO TlIE UNITED STATES OF lIMERIC1\., 'FOR ELECTRICAL TIU\NSHISSIOH LINES' BY DOCUI1EtlTS RECORDED UNDER RECORDING IIUMBERS 503<\341, 5029580, 1\ND 5027474, RECORDS OF Si\ID COUNTY ¡ THEnCE ALONG SAID IIORTHWESTEnLY LIIIE S52.58'4<\I1H 1662.66 FEET TO TIlE TRUE POIIIT OF BEGIIHlING \ \ CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: FEDERAL WAY GOLF LEARNING CENTER FWHE#97-02 UPR96-0023, SEP96-0019, SPR96-0020 PROCESS III I. SUMMARY OF APPLICATION The proposed project consists of the construction of a golfleaming center which incorporates a number ofusC?s. These uses include a golf center with a pro shop of approximately 10,000 square feet, deli. adffiiÌ1istration offices, a 100 tee driving range, a pratice putting green, an 18 hold putting course and an 8 to lO station batting cage. II. PROCEDURAL INFORMATION Hearing Date: February 12, 1997 Decision Date: April 4, 1997 At the hearing the following presented testimony and evidence: ( 1. Greg McCormick, City of Federal Way 2. Jack McClurg, applicant 1. Allen Bowman, Vice President of Polygon 4. Rick Perez, City of Federal Way Traffic Engineer At the hearing the following exhibits were admitted as part of the official record of these proceedings: I. Staff Report with all attachments 5. Letter with attachments from Bob Sterbank, Assistant City Attorney, dated March 27,1997 III. FINDINGS I. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. ~¡I' 1¡J If . '.. .~. .- ...".~ ( Federal Way Golf Learning Center April 4, 1997 Page 2 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit" I" and incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in a 22.47 acre, triangular shaped parcel of property within the City of Federal Way. Southwest Campus Drive abuts the parcel on the north and the Bonneville Power Administration (BPA) power line easement abuts the hypotenuse on the southeast. To the east of the site across Southwest Campus Drive and the BP A easement, are the King County Aquatic Center and Panther Lake Park. Immediately northeast of the site are Saghalie Junior High School and Saghalie Park. Abutting the site on the west is undeveloped property classified as Multi-Family Residential (RM 2,400) and single family residential (RS.7.2). To the north of the site across Southwest Campus Drive is the multi family project of Glen Park. 5. A review of the site plan reveals that a single access is provided from Southwest Campus Drive opposite the entrance to the Glen Park multi-family housing project. The northwest comer of the site, adjacent to Southwest Campus Drive, is proposed for improvement with an 18 hole putting range, 54 parking stalls, and batting cages. The golf driving range is located adjacent to the BP A easement with the tees aligned in a northeast/southwest direction parallel to said easement. A golf center (pro shop) and 164 parking stalls are located southwest of the tees in the comer of the site. Significant trees are located around the perimeter of the site and will be preserved. The applicant proposes to install driving range protective netting up to 100 feet in height to protect adjacent properties iTom errant golf balls, and will limit the building height of all other structures to 50 feet. 6. Upon incorporation of the City of Federal Way on February 28, 1990, the previous owner of the property (Quadrant Corporation) and the City executed a Concomitant Agreement which classified the parcel as Multi-Family Residential (RM-3600) and authorized constrUction of233 townhouse/condominium attached housing units. Said agreement also authorized the property owners or their successors and assigns to request a zone reclassification pursuant to the Process III procedure set forth in the Federal Way City Code (FWCC). The RM 3600 classification as defined in the Concomitant Agreement does not authorize the proposed use. Pursuant to the City's determination, the applicant is requesting a zone reclassification to RM 3600-1 which, if granted, will specifically authorize the driving range, putting course, and batting cages. 7. Prior to obtaining a zone reclassification the applicant must establish that the request satisfies the criteria set forth in Section 22-299 FWCC. Findings on each criteria are hereby made \, Federal Way Golf Learning Center April 4, 1997 Page 3 as follows: A. B.... The proposed zone reclassification is in the best interest of the residents of the City. While many parcels witlún the City are available for development into single family and mult- family housing areas, few parcels are appropriate for recreational uses, especially golf driving ranges. Such is evidenced by the fact that the City has only one private golf course (Twin Lakes), no public golf facilities, and no golf driving ranges. This project will provide residents with a needed and presently unavailable recreational opportunity. The proposed zone reclassification is appropriate because conditions in the immediate vicinity of the property have so significantly changed since the property was originally zoned RM 3600, that a rezone is within the public interest. The Campus Drive corridor initially began developing as a medium to high density residential corridor. However, in the area of the project Campus Drive has developed into a significant recreational center to include the King County/Weyerhaeuser Aquatic Center, Panther Lake Park, Saghalie Park, and the BPA bicycle/walking trail. Saghalie Park combined with Saghalie Junior High School provides several ball fields, soccer fields, tennis courts, basketball court, and a walking trial. Development of this parcel will complement existing recreational opportunities by providing a totally different, yet consistent form of recreation. Prior to obtaining a zone reclassification the applicant must also establish that the request satisfies the criteria set forth in Section 22-302 FWCC. Findings on each criteria are hereby made as follows: 8. A. B. C. D. The project meets the criteria contained in Section 22.299 FWCC as set forth above. The proposed project complies with Chapter 22 FWCC in all respects. The Concomitant Agreement is proposed for amendment to implement appropriate development standards to ensure mitigation of impacts on surrounding properties. The site plan is designed to minimize all adverse impacts of the development on properties in the immediate vicinity. Major impacts addressed by the City include aesthetics and lighting. Mitigating measures set forth in the MONS and conditions of approval hereinafter require limited hours of operation, compliance with the FWCC lighting and glare requirements, and traffic mitigation. The replica of the project shows the buffering between. the driving range and nearby residential projects, and establishes that lighting impacts will be completely mitigated. The site plan is designed to minimize impacts upon public services and utilities. The ( ( ( Federal Way Golf Learning Center April 4, 1997 Page 4 driving range and accessory uses will require typical public services and utilities, all of which are available. Furthermore, development of the site into a multi. family complex in accordance with the present zone classification would require substantially more of such facilities and services. Prior to obtaining a zone reclassification, the applicant must establish that the request satisfies the criteria set forth in the Process III review procedure in Section 22.476 et. seq., FWCC. Said procedure authorizes the Hearing Examiner to recommend approval or disapproval of the zone classification request to the Federal Way City Council based upon whether or not, in the E~iner' s opinion, the request satisfies the criteria set forth in section 22-490 (d) FWCc. Findings on each criteria set forth therein are hereby made as follows: 9. A. B. 10. The project is consistent with the City of Federal Way Comprehensive Plan. The project implements policy 1UP-15 of the Comprehensive Plan as it adequately protects residential areas from the impact of non-residential uses, which in this case is the golf driving range. The project also implements policy TP-S as it protects neighborhoods from traffic impacts. TIús site will generate virtually no traffic during the a.m. peak period, and experiences it's most significant use on the weekends. During the week, the major use of the site occurs from noon to 4:00 p.m., non-peak traffic periods. While the 1995 Comprehensive Plan designates the property as multi-family residential, such is based upon the Concomitant Agreement which the applicant is proposing to amend pursuant to the procedure and criteria set forth therein. Furthermore, this project will provide a needed recreational opportunity for residents of both nearby multi-family projects and the City as a whole, and is complementary with the area. C. The project is consistent with the applicable provisions of the FWCC and will be subject to the terms and conditions of the Amended Concomitant Agreement. D. The proposed driving range and accessory uses are consistent with the public health, safety, and welfare. Potential adverse impacts were identified and mitigated during the environmental review, and the recreational opportunity will further the health, safety, and welfare of City residents. At the public hearing, Allen Bowman, Polygon 2000 Inc., appeared in support of the project, but opposed the proposed changes to the ConcomitBnt Agreement. He stated that the original Concomitant Agreement covered parcels S and 7 which the City always treated together. The present development is proposed for parcel 7 and the amendment to the Concomitant Agreement with eliminate the requirement that parcel 7 participate in the cost of extending 12. 13. \ \. Federal Way Golf Learning Center April 4, 1997 Page 5 lO'h Ave. SW. The Examiner left the record open for the City Attorney to respond to Polygon's concerns. The City Attorney responded by letter dated March 27,1997, which included a number of attachments. 11. In 1990 the Federal Way City Council adopted separate concomitant agreements for parcel 7 and parcelS. At that time the Quadrant Corporation owned both parcels outright and Polygon held options to purchase said parcels. At some point Polygon exercised its option and closed its purchase of parcel 5 wlúch meant that Polygon owned parcel 5 and Quadrant owned parcel 7. In July, 1991, Polygon sold the majority of parcel 5 (now known as parcel 5A) to the City, which along with the Federal Way School District, developed said parcel into a junior high school and City parle Polygon retained ownership of the remainder of parcel 5 which was known as parcel5B. The history of both concomitant agreements and amendments thereto demonstrates that the City has treated the parcels separately when warranted by separate ownership. Separate concomitant agreements were adopted for the separate parcels. Resolution 93-128 was adopted to remove parcel 5A from coverage under the Concomitant Agreement for parcel 5 upon its purchase by the City. The only time the two parcels (5 and 7) were treated together was in Resolution 93-144 wherein Polygon applied to develop parcels 5 and 7 together. The City's action in processing Quadrant's application for development of parcel 7 Independent of any action by Polygon concerning parcel 5B is correct and consistent with previous actions. (' The City is correctly interpreting the Concomitant Agreement for parcel 7 by not requiring said parcel to contribute to the capital cost of improving lOth Ave. SW. The original Concomitant Agreement for parcel 7 provided: The Owners shall agree to set aside and dedicate to the City the necessary right-of-way corridor as established by the Federal Way City CounciLfor the extension of 10th Ave. SW., 344th right-of-way corridor.... The right-of-way for the route thus established shall be dedicated by Owners to the City prior to the issuance of building permits on either parcels 5 or 7 (paragraph 3]. This requirement covered dedication of right-of-way and not payment of capital construction costs. Resolution No. 93.144 made it clear that improvement of lOth Ave. SW would be triggered by development of parcel 5 and that responsibility for capital construction costs would be borne by parcel 5 and owners of property adjacent to the IO'h Ave. S W extension. Said resolution eliminated any responsibility for parcel 7 to contribute to the cost of lOth Ave. SW improvements. Paragraph 2D of the 1990 Concomitant Agreement for parcel 7 requires that the owner widen Campus Drive along the property frontage prior to the issuance of occupancy permits. A ( ( ( Federal Way Golf Learning Center April 4, 1997 Page 6 similar provision is included in the 1990 Concomitant Agreement for parcelS. The City is proposing to modify the Concomitant Agreement and clarify that Quadrant is responsible for widening Campus Drive only along the westernmost 400 feet or so feet of its property, and that it is not required to widen Campus Drive or construct a left turn lane along the frontage of parcel 5. City staff has concluded that a left turn lane is not necessary to mitigate traffic impacts flowing from the project, but that widening Campus Drive will mitigate traffic impacts. The amendment to the Concomitant Agreement requires Quadrant to dedicate five feet of additional right-of-way along the frontage with parcel 7 to facilitate the City's widening of said road. Quadrant will pay its prorata share of the widening project which is calculated at $46,800.00 IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The request for a zone reclassification and amendment to the Concomitant Agreement satisfies the criteria set forth in Sections 22-302,22-299, and 22-490 of the Federal Way City Code and therefore should be approved by the Federal Way City Council, subject to the following condition: Hours of operation shall be limited to from 7:00 a.m. to 11 :00 p.m., seven days per week; provided, however, that the driving range, putting course, and batting cages shall close to the public no later than 10:00 p.m. The applicant shall diminish the lighting during the last hour to that necessary to collect golf balls and perform maintenance to thefacility. RECOMMENDATION: It is hereby recommended to the City Council ofthc City of Federal Way that the request for a zone reclassification and amendment to the Concomitant Agreement be approved subject to the condition contained in the conclusions above. DATED THIS ~ DA ~~ ~ STEPHEN K. CAUSSEAUX, JR Hearing Examiner L '. TRANSMITTED this 4ch day of April, 1997, to the following: APPLICANT: Jack McClurg Golf Enterprises 16300 Mill Creek Blvd. #204 Mill Creek, WA 98012 Allen Bowman Polygon Management 4030 Lake Washington Blvd. NE #208 Kirkland, W A 98052 Ben Conwell Quadrant P.O. Box 130 Bellevue, W A 98009 City of Federal Way clo Bob Baker 335301" Way S. Federal Way, WA 98003 City of Federal Way c/o Bob Sterback 33530 I" Way S. Federal Way, WA 98003 '- ( ( RIGHTS TO RECONSIDERATION AND CHALLENGE ( THE BELOW STATED RIGHTS TO RECONSIDERATION AND APPEAL AND DESIGNED TO PROVIDE NOTICE OF TIME LIMITS AND A GENERAL OUTLINE OF PROCEDURES. THE SPECIFIC REQUIREMENTS FOR' REQUEST FOR RECONSIDERATION ARE FOUND IN SECTION 22-488 OF THE FEDERAL WAY CITY CODE. THE SPECIFIC REQUIREMENTS FOR CHALLENGES TO THE HEARING EXAMINER'S RECOMMENDATION ARE FOUND IN SECTION 22-489 OF THE FEDERAL WAY CITY CODE. CLARIFICATION OF THE RIGHTS TO RECONSIDERATION AND CHALLENGE AND THE NAMES AND ADDRESSES OF PERSONS WHO HAVE A RIGHT TO CHALLENGE MAY BE OBTAINED FROM THE CITY CLERK OF THE CITY OF FEDERAL WAY. RECONSIDERATION Any person who has a right to challenge a recommendation of the Hearing Examiner under the Federal Way City Code may request the Hearing Examiner to recon~ider any aspect of his or her recommendation by delivering a written request for reconsideration to the Department of C9mmunity Dev~lopment within seven (7) calendar days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration shall specify in the request what aspect of the recommendation he or she wishes to have reconsidered and the reason for the request. The person requesting the reconsideration shall within seven (7) calendar days following issuance of the recommendation, mail or personally deliver a copy of the request for reconsideration along with a notice of the right to file a written response to the " request to those persons who have a right to challenge under Federal Way City Code. Proof of such mailing or personal delivery shall be made by an affidavit attached to the request for reconsideration at the time of delivering the request to the Department of Community Development. The notice shall state that such response must be received by the Department of Community Development within seven (7) calendar days following the filing of the request with the department. Any person filing a response to a response to the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to challenge under the Federal Way City Code. Proof of such distribution by mail or personal delivery shall be made by affidavit attached to the response delivered to the Department of Community Development. ( Within ten (10) working days after expiration of the reconsideration period, the Hearing Examiner shall notify the persons who have a right to challenge under the Federal Way Zoning - Code, whether or not the recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or she concludes that there is substantial merit in the request. The process of reconsideration will be in accordance with Section 22- 488 of the Federal Way City Code. CHALLENGE: The recommendation of the Hearing Examiner may be challenged by any person who is to receive a copy of that recommendation. The challenge, in the form of a letter of challenge, must be delivered ( to the Department of Community Development within fourteen (14) calendar days after the issuance of the Hearing Examiner's recommendation or, if a request for reconsideration is filed, then within fourteen (14) calendar days of either the recommendation of the Hearing Examiner denying the request for reconsideration or the reconsidered recommendation. The letter of challenge must contain a clear reference to the matter being challenged and a statement of the specific factual findings and conclusions of the Hearing Examiner disputed by the person filing the challenge. The person filing the challenge shall include, with the lette~ of challenge, the fee established by the City. The challenge will not be accepted unless it is accompanied by the required fee. The person challenging the recommendation shall within said fourteen (14) calendar day period mail or personally deliver a copy of the letter of challenge along with a notice of the right to file a written response to the challenge to those persons who have the right to f.ile a challenge under Section 22-489 of the Federal Way City Code. The notice shall state that such response must be received by the Department of Community Development within five (5) working days following the filing of the written challenge with the department. Any person filing a response to the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to challenge under Section 22-489 of the Federal Way City Code. Proof of such distribution by mail or \. personal delivery shall be made by affidavit attached to the response delivered to the Department of Community Development. The recommendation of the Hearing Examiner may be challenged whether or not there was a request to reconsider the Hearing Examiner's recommendation. Any challenge of the Hearing Examiner's recommendation will be heard by the Federal Way City Council. ( � �, CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES Report to the FEDERAL WAY HEARING EXAMINER Federal Way Golf Learning Center� City of Federal Way File Numbers SEP 96-0019, UPR 96-0023, SPR 96-0020 PUBLIC HEARING - FEBRUARY 18, 1997 2:00 P.M. CITY COUNCIL CHAMBERS FEDERAL WAY CITY HALL 33530 1 ST WAY SOUTH (206) 661-4000 Report prepared by: Gregory J. McCormick, AICP December 20, 1996 � TABLE OF CONTENTS SECTION �, .. . _ . I PROJECT SUMMARY : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 il GENERAL INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Iil HISTORY AND BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 IV SEPA THRESHOLD DETERMINATION . . . . . . . . . . . . . . . . . . . . . . . . 5 V. AGENCIES CONTACTED BY FEDERAL WAY . . . . . . . . . . . . . . . . . . 6 VI. AREA CHARACTERISTICS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,6r 7 VII. HEARING EXAMINER DECISlONAL CRITERIA . . . . . . . . . . . . . . . . . . ,� 7 VIIL FINDINGS OF FACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,� {r IX. RECOMMENDATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,�-1r 12 X. EXHIBITS ............................................... �I'13 A. PROJECT SITE PLAN B. VICINITY MAP C. CONCOMITANT AGREEMENT � D. EXISTING AMENDMENTS - RESOLUTION 93-144 E. PROPOSED CONCOMITANT AGREEMENT AMENDMENTS F. FINDINGS FOR SITE PLAN APPROVAL � � 1. PROJECT SUMMARY � The proposed project consists of the construction of a golf learning center which incorporates a number of uses. These uses include a golf center with a pro shop of approximately 10,000 square feet, deli, administration offices, a 100 tee driving range, a practice putting green, an 18 hole putting course and an 8 to 10 station batting cage. On site parking will be provided for the proposed uses. The project is lacated on the south side of Campus Drive, west of the Bonnevilfe Power Administration (BPA) power line easement at approximately 7th Way Southwest:� The subject property is covered bya concomitant agreement that was put into effect upon incorporation of Federal Way on February 28, 1990. The concomitant agreement zoned the site multifamily residential and provided for the construction of 233 townhouse/condominium type housing units. This agreement contains a modification provision which utilizes the quasi judicial rezone process or Process III contained in the Federal Way City Code (FWCC), Article VIII. In addition to amending the agreement, the city attorney's office has determined that given the use is not allowed under the existing RM 3600 zoning district, the subject property must be rezoned. It is the attorney's office opinion that this use cannot be allowed through adding the use through the concomitant agreement. Therefore, staff is recommending that through the concomitant agreement a RM 3600-1 zone be established to allow for the proposed golf driving range facility. In 1993, the property owners requested an amendment to the original concomitant (see Exhibit D- Resolution 93-144). Resolution 93-144 addressed both the subject property and Parcel 5, which is wned by Quadrant as well. This amendment is discussed in more detail in Section 111 below �5 The applicant is requesting modification of a number of sections of the original Concomitant Agreement. The following is a summary of the requested modifications: Amend Section 2(B) of the Agreement to reduce the required buffer adjoining the single family zoned property from 100 feet of Type I to 40 feet of Type t landscaping. 2. Amend Section 2(D) of the Agreement to eliminate the requirement to widen Campus Drive for the entire length of the property and construct a left hand tum lane. 3. Amend Section 2(E) of the Agreement to allow poles supporting the driving range protective netting up to 100 feet in height and building height of all other struetures on the site is limited 50 feet. 4. Amend Section 2 to allow the construction of the Federal Way Golf Learning � � Center as described in paragraph 1 of this document. 5. Amend Section 3 of the Agreement to eliminate the requirement for dedication of right-of-way necessary for the extension of 10th Avenue Southwest/344th Street Southwest. 6. Staff is recommending that the following subsections be added to Section 2 of the Agreement, which provide additional development standards for the proposed project: A. The uses and site shall be developed substantially in accordance with the approved site plan. B. The signage standards c�f Section 22-1600, FWCC Table 2 (Recreation) shall apply to the proposed project. Directional signs as provided in Section 22-1599, FWCC shall be allowed. C. A 100 foot landscape buffer of Type II landscaping along the length of the subject property fronting on Southwest Campus Drive, east of the proposed driveway for the development and adjacent to the proposed golf driving range area as depicted on the attached site plan. A 50 foot landscape buffer of Type II landscaping along Southwest Campus Drive west of the proposed driveway for the development adjacent to the proposed golf putting courses as depicted on the attached site plan. D. A 25 foot landscape buffer of Type III landscaping along the easterly property line abutting the BPA power line easement. E. The proposed development shall comply with the provisions of Article XIX, FWCC, Community Design Guidelines. City staff performed a preliminary site plan review of the project in conjunction with the rezone%oncomitant agreement amendment process and have found it in compliance with applicable sections of the code. However, at the conclusion of the rezoning/amendment process staff will complete the site p�an review in light of any additional conditions or mitigation that are imposed during the course the public hearing process. II. GENERAL INFORMATION Location: South side of Campus Dr�ive immediately west of the BPA power line easement at approximately 7th Way Southwest. Applicant: Mr. Jack McClurg Golf Enterprises 16300 Mill Creek Blvd., #204 Mill Creek, Washington 98012 4 � Contact: Mr. Jack McClurg Golf Enterprises � 16300 Mill Creek Bivd., #204 Mill Creek, Washington 98012 Phone: (206) 742-9467 Owner: Quadrant Corporation Representative: Benjamin D. Quadrant Plaza, Suite 500 N. E. 8th at 112th Post Office Box 130 Bellevue, Washington 98009 Zoning: Comprehensive Plan Designation: Acreage: S-T-R � Conwell, Assistant Vice President RM-3600, Multifamily Residential Multifamily Approximately 22.5 acres Northwest quarter 19-21-04 Sewage Disposal: Lakehaven Utility District Water Supply: Lakehaven Utility District Fire District: King County Fire District #39 III. HISTORY AND BACKGROUND When the City of Federal Way incorporated on February 28, 1990, the City entered into a concomitant agreement for the subject property (vicinity map attached as Exhibit B). This agreement insured the property owners that the zoning for the property upon incorporation would be Multi Family Residential, RM 3600 which was consistent with the King County zoning on the property at the time. The agreement further stipulated conditions related to review of a building permit that was pending in King County at the time, landscape buffers, street improvements on Campus Drive, building heights, housing densities, phasing of development, commitment by the property owners that the housing units being constructed be a townhouse/condominium type of housing, and dedication of right of way for the extension of 10th Avenue. The concomitant agreement provides a process for amending the agreement by the owners. The agreement requires the owners to file application and the request be 5 • � processed by using the same process as a quasi judicial rezone request (Process III, Article VIII, FWCC). The City processed a request to amend the agreement in 1993 (Exhibit E) which resulted in a number of amendments to agreement being adopted through Resolution 93-144. The following summarizes amendments made by Resolution 93-144: 1. Provide a 24 month extension of the 3 year timeframe stipulated in the original concomitant. 2. Clarify the original concomitant condition related to 10th Avenue Southwest. 3. Define "proportional share" related to traffic impact of development. 4. Add a definition of "proceeding� to the concomitant. 5. Modify the reqt�ired buffers for parcel 5 and 7 in the areas that are contiguous to the single family zoned parcels. On February 12, 1996 the city received a Master Land Use Application from Quadrant and the developer requesting site plan approval and modification of the concomitant agreement for construction of the proposed golf park facility. IV. ENVIRONMENTAL THRESHOLD DETERMINATION The proposal to construct the golf center, putting greens, batting cage and associated off- street parking was reviewed with respect to requirements of the State Environmental Policy Act (SEPA). The proposed project exceeded the thresholds established in the Washington Administrative Code (WAC) 197-11-800 Categorical Exemptions. An environmental chedclist for the project was submitted to the city for review on June 28, 1996. Studies including a geotechnical report, wetland reconnaissance report and a traffic impact analysis were completed and submitted in conjunction with the checklist. A mitigated determination of nonsignificance was issued on the project and published on November 20, 1996. The fifteen day comment period on the MDNS ended on December 5, 1996. The fourteen day appeal period on the MDNS ended on December 19, 1996. No comments were received or appeals filed on the proposed project's MDNS. V. AGENCIES CONTACTED BY FEDERAL WAY As part of the review by City of Federal Way staff, site visits were conducted and the proposal was circulated to the Federal Way Community Development Review Committee (CDRC) consisting of the following agencies and city departments: � � � City of Federal Way Public Works Department Q City of Federal Way Building Division � King County Fire District #39 � Lakehaven Utility District VI. AREA CHARACTERISTICS � As noted previously, the site of the proposed golf learning facility is located on the south side of Campus Drive abutting the BPA power line easement on the west at approximately 7th Way Southeast. The site is currently vacant and the full range of urban services are available to the property. Current land uses in the vicinity include: O West: O North: O East/South: Undeveloped, land zoned Multi Family Residential - RM 2400 on the north one-third and Single Family Residential - RS 7.2 on the southerly two-thirds. Multi family residential, zoned Multi Family Residential - RM 2400. BPA power line easement, beyond the BPA easement single family residential zoned Single Family Residential - RS 7.2. Other major land uses in the vicinity include the King County/Weyerhaeuser Aquatic Center and the Federal Way Little League Baseball facility to the east/northeast and Saghalie Junior High and City Park to the west. VII. HEARING EXAMINER DECISIONAL CRITERIA As noted earlier in this report, the existing concomitant agreement on the subject property allows for modification of the agreement subject to the process used for rezoning of property. The process used for a quasi�udicial rezone or a zoning reclassification of land within the city is Process III review. This type of rezone is subject to finro sets of decisional criteria in the FWCC. The �rst set of decision criteria is contained in Section 22-302, Article III, FWCC. The second set of decisional criteria are contained in Section 22-490(d) of Article VIII, FWCC which contains Process Ilt procedures. The following are the decisional criteria related to this application followed by a staff response: Section 22-302 Criteria: Criterion 1: The criteria set forth in Section 22-299 are met: Section 22-299 criteria: 1. The proposed rezone is in the best inter+est of the residents of #he city; and 7 � � 2. The proposed rezone is appropriate because either.• a. Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given it present zoning and that, under those changed conditions, a rezone is within the public interest; or b. The rezone will correct a zone classification or zone boundary that was inappropriate when established. Staff Response: A communitys quality of fife is often related in part, to the recreation opportunities available to its residents. At the present time, Federal Way has one private golf course (Twin Lakes) and no public golf facilities. The nearest public golf facilities are those located in north Tacoma at the Northshore Golf Club. The proposed golf park project would provide Federal Way residents a recreational service that is presently not readily available to them. In the 1980's the Campus Drive corridor developed primarily as a medium to high density residential corridor. In recent years, however, this corridor from 1 st Avenue South to 21 st Avenue Southwest has developed as a recreation corridor. The King County/Weyerhaeuser Aquatic Center was constructed to host swimming and diving events during the 1990 Goodwill Games. This facility has subsequently become a venue for other major local, regional, state and national swimming and diving competitions. Construction is now underway for an expansion of this facility. The expansion includes a 5,000 square foot conference facility and redevelopment of the onsite parking. A second major facility recently constructed in this corridor is the Saghalie Junior High/City Park which is located a short distance to the west of the proposed golf facility. The Saghalie project was a joint venture between the City of Federal Way and fhe Federal Way School District which combined a junior high school with a major city park. This facility provides the community with several ball fields, soccer fields, tennis courts, basketball court and a walking trail. Other facilities in this corridor include the Federal Way Little League Baseball ' complex, Panther Lake and the BPA power line easement. Panther Lake is a regional stormwater detention facility. The Federal Way Parks Department has included improvements to the Panther Lake area in the City's Comprehensive Parks & Recreation Plan. These improvements include the development of passive park space such as interpretive trails that connect to the BPA trail system. Phase II of the BPA trail will extend from 1 st Avenue South to Campus Drive. Currently, the trail system runs from 324th/11 th Avenue to 1 st Avenue South. Constru�tion is estimated to begin later this year. 8 • � Criterion 2: The proposed project complies with this chapter in all respects. Staff Response: This project is somewhat unique in that many of the development standards wili be designated through the addendum to the concomitant agreement. Staff has applied development standards that were deemed appropriate given the proposed uses ori the site and the surrounding uses in the area. Criterion 3: The site plan of the proposed project is designed to minimize all adverse impacts on the developed properties in the immediate vicinity of the subject P►�Pe�'Y• Staff Response: Two major concerns staff had regarding the proposed development were the potential aesthetic impacts of the golf driving range on the surrounding area and the potential impacts of the lighting necessary for a facility such as this. City staff has worked closely with the applicant to address these concerns during the environmental review process on this project. As a result of this process, either the project was modified or mitigating conditions were included in the MDNS to address the lighting and aesthetic issues. � The applicant, as part of preliminary work on the project, held finro public meetings on the proposed project at Saghalie Junior High. The first meeting was held in September 1996 when the applicant mailed notices of the meeting to all of the property owners in the Campus Highlands a�ea. Approximately 100 people attended this meeting to discuss the project with the appficant. The second meeting was held in November 1996. The applicant mailed out approximately 1,100 notices of the meeting to property owners within 1,000 feet of the project. Approximately 30 people attended this meeting at which, the applicant discussed the project using the 3 dimensional scale model that will be used during the public hearing before the Examiner. The applicant has indicated that a he has received positive comments related to the project and broad based support from the surrounding property owners. Criterion 4: The site p/an is designed to minimize impacts upon public services and utilities. Staff Response: The site will not be intensely developed in terms of a development that requires an extraordinary amount of utilities or public services. The site will require typical � • � services and utilities such as power, water, sanitary sewer, storm sewer, telephone, etc. and is not anticipated to have an adverse affect on these utilities or services. Section 22-490(d) criteria: Criterion 1: It is consistent with the comprehensive p/an. Staff Response: In 1995 the City of Federal Way adopted a Comprehensive Plan that complied with the mandates of the Washington State Growth Management Act (GMA). GMA requires that chapters or elements on land use, transportation, capital facilities, ho�asing and utilities be included in a community's comprehensive plan. GMA also allows optional elements to be included in the plan. The following goals and policies of the comprehensive ptan apply to the proposed project: LUP-15 Protect residential areas from impact of adjacent non-resider�tial uses. TP-5 Protect neighborhoods from traffic impacts. � NEP-30 The city should restrict the rate and quantity of surFace water runoff to predevelopment levels for all new development and redevelopment. Staff Response: Through the SEPA mitigation process and through conditions proposed in the concomitant agreement, this project is consistent with the specific comprehensive plan policies listed above. Additionally, the proposed project is consistent with the intent of the Capital Facilities chapter of the Comprehensive Plan in that the additional recreational uses provided by this project will be included in the City's inventory of parks and recreation facilities. This will help the City maintain the level of service for Federal Way residents related to recreational facilities. - Criterion 2: !t is consistent with all applicable provisions of the chapter, including fhose adopted by reference from the comprehensive plan. Staff Response: As noted above, this proposal is somewhat out of the ordinary in that it is subject to the terms and conditions of the concomitant agreement which will establish many of the development standards to which the proposed project would be subject #o. The project will be required to comply with the provisions of the concomitant and any applicable provisions of the FWCC. 10 � � Criterion 3: It is consistent with the public health, safety and welfare. Staff Response: The proposed project is not detrimental to the public health, safety or welfare. Potential adverse impacts were identified and mitigated during the environmenta) review of this proposal. Further, given the project will provide a recreational opportunity to the community that is currently not available locally, the project would enhance the public health, safety and welfare of the residents of Federal Way by adding to the community's quality of life by providing these additional recreation facilities. VIII. FINDINGS OF FACT Staff provides the following Findings of Fact as they relate to the proposed project: 1. The subject property is covered by a concomitant agreement that became effective on February 28, 1990, the date of incorporation of the City of Federal Way. 2. The original concomitant agreement was modified in 1993 by Resolution 93-144 which amended some of the conditions of the original agreement. 3. The subject property is located on the south side of Campus Drive, immediately west of the BPA power line easement at approximately 7th Way South. 4. Ttye concomitant agreement established the existing zoning of the property which is Multi-Family Residential, RM-3600, conditions related to the review of a building permit application that was pending in King County, landscape buffers, improvements to Campus Drive, building heights, dwelling unit density, phasing of the project and a requirement that the units built on the site would be a townhouse/condominium-type housing unit. 5. Land uses and zoning designations of surrounding properties include: A. West: Undeveloped, land zoned Multi Family Residential - RM 2400 on the north one:third and Single Family Residential - RS 7.2 on the southerly two- thirds. B. North: Multi family residential, zoned Multi Family Residential - RM 2400. C. East/South: BPA power line easement, beyond the BPA easement single family residences zoned Single Family Residential - RS 7.2. 6. The City's 1995 Comprehensive Plan Map designates the subject property as Multi- Family ResidentiaL 11 � • 7. The concomitant agreement includes a process through which the property owners can request the agreement be amended. The amendment process stipulated in the agreement is the City's quasi judicial� rezone process (Process III, Article VIII, FWCC). 8. Pursuant to the requirements of the FWCC, on February 12, 1996, the Owners and Applicant submitted to the City a Master Land Use Application requesting modification of the concomitant agreement and site plan approval to allow the construction of the proposed golf learning center. 9. The City issued a Mitigated Determination of Nonsignificance on the proposal on November 20, 1996. The appeal and comment period on the threshotd determination ended on December 19, 1996. The City did not receive written comment and no appeals were filed on the project. 10. Quasi judicial rezone applications are subject to finro sets of decisional criteria contained in sections 22-302 and 22-490, FWCC. The proposed project is consistent with and meets the decisional criteria of the above �noted FWCC sections. 11. The use is proposed on a site which fronts on Campus Drive Southwest. This section of Campus Drive, from 1 st Avenue South to 21 st Avenue Southwest, has developed over the past several years as a recreational corridor. Major recreation uses in this vicinity include the King County Aquatic Center, Saghalie Junior High School/City Park, Federal Way Little League complex and the southern terminus of the BPA Trail, Phase II project. IX. RECOMMENDATION The proposed Golf Leaming Center will comply with the FWCC, applicable sections of the Federal Way Comprehensive Plan and any other applicable city regulations. Based on the findings for this proposal staff recommends that the proposed concomitant agreement addendum, which includes the rezoning of the subject property to RM 3600-1, be approved. X. 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IIRCHITECTURE LANDSCAPE AftGiITECTURE AW PL�MNING 130 AlDOVER PAI�f EA5T SUITE 301 SfATtLE� M 9bIEE � � �� FAX 206 43I 79Q0 � � � i� Ip � lIJ6SGVC MOIIIRT m�ii' w 61E8 L ALLNlG AW IIaYN R GQ18� kU roeart K aFVelau - � z Z � W i J � � .� p � Ij : � } � �� < � li 3 � as , oZ �� i �o � � srrr rryr -rrerurwurr- nt ,� .- nea Wr M�11 F !! YR 09[ 1-1,-M MOi I fFM P> ' I• �� ,�.,,, � � i �� .I L./1/D7CJ� 1'L/JI �IIA.DMN 6lVAT1011S I . �I�EX I�� EXHIBIT B VICINITY MAP Subject property West Campus • EXHIBIT C • CONCOMITANT AGREEMENT � . _ �\ �� 0072.15012 - � JDW/naa . 02/26/90 ' R:02/27/90 CONCOMITANT AGREEMENT RELATING TO THE ZONING OF THAT CERTAIN PARCEL OF PROPERTY CO�ONLY RNOWN A3 THE CAMPII3 HIGHLAND TOWNHOME PROPERTY (PARCEL 7) WHEgEAS, the City of Federal Way, Washington, a noncharter optional municipal code city incorporated under the laws of the State of Washington, has authority to enact laws and enter into agreements to promote the public health, safety and general welfare of its citizens and thereby control the use and development of property within its jurisdiction; and WfIEREAS, the City Council of the newly incorporate^. City of Federal Way is in the process of adopting initial zon�r�g for � property located within the city limits of the City, and WHEFtEAS, the undersigned, the Owners of the above referred-to property initiated discussions with the City C�uncil with respect to entering into this Agreement for the pur�ose oi attempting to amicably resolve any potential disagreements with respect to issues of vested rights and applicability of King County or City of Federal Way regulatians as a r2sult of the incorporation of the City of Federal Way during the pendency of owners permit applications before Ring County, and WHEREAS, the Owners warrant to the City af Federal Way that they are the owners of the real property hereinafter described and have the full power to enter into this Agreement, NOW, THEREFORE, upon the property hereinafter described being �� zoned RM 3600 as provic�ed in the new Official Zoning Map and the �� JDW00757X .� � - 1 - _ ,� �� : :. , � =:.�, '�->.- i' �� ; Zoning Code for the City of Federal Way, both of which shall be effective February 28, 1990, Owners do hereby covenant and agree as follows: � 1. In the event the zoning of the subject property, .commonly known as the Campus Highland Townhome property and more particularly described in Exhibit A attached hereto and incorporated in full by this reference, is zoned in accordance with the Official Zoning Map and the Zoning Code for the City of �Federal Way under a classification as identified on said Zoning Map and in said Zoning Code as RM 3600, to be effective as of February 28, I990, then this Agreement shall be in full force and effect. 2. Upon such zoning designation being placed on the � subject property, the following conditions shall apply: A. The building permit currently pending under King County File C8902294 shall comply with and be reviewed in accordance with the City of Federal Way codes adopted as of February 28, 1990. B. A 100 foot Type I landscape buffer shall be provided, adjoining the single family zoning. C. A minimum 60 foot building setback shall be provided along the frontage of both parcel 5 and parcel 7, as depicted in Exhibit B attached hereto and incorporated in full by this reference, of the property along Campus Drive. D. Campus Drive, along the entire Zength of the subject property and parcel 5, shall be widened, in accordance � with then applicable City standards, to allow for a ceriter turn JDW00757X - 2 - �' �\ � lane. This improvement shall be constructed and completed prior ) to the issuance of occupancy permits for the first phase of t�e � project. Provided, however, in the event that the roadway widening cannot be completed prior to the time of occupancy on phase one qf the project, and such delays haye not been caused or contributed to by owners a�d are beyond owners' control, then, owners may apply to the City for authorization to post a bond in accordance with the applicable provisions of the Federal Way Zoning Code to assure the construction of the requirzd improvements and, upon the approval and the posting of a bond in compliance with the City codes, occupancy permits may be iss;:ed provided all other terms and conditions of this Agreement and a?1 of the applicable provisions of the Federal Way codes hzve � otherwise been fully complied with. E. Building height shall not excead 30 fe�t a�cve average building elevations calculated from finished grade =cr the subjeet property in compliance with the provisions of tae Federal Way Zoning Code. F. The maximum density that might other+��se � mathematically be ca3cula�ed for the subject property shall be reduced f=om 273 units to 233 units. Owners acknowledge t_'�at fewer than 233 units may, in fact, be allowed on the subject. property as a result of ineeting the requirements of the ne�a Federal Way Zoning Code and related ordinances of the City that are and shall be applicable to this development. G. The project shall be phased so that no more � than 100 units are developed and occupied in the first phase, JDW00757X - 3 - � �, which is the first year (1990), and an additional 100 units in , the second phase being the second year (1991), and the balance of . the units to be developed in the third phase anticipated to be ; the third year (1992). Owners may develop 200 units for each of ' the first�and second years in any combination on parcels 5 and 7 ` (i.e., in the first year Owners may develop 150 units on parcel 5 and 50 on parcel 7). • x. Owners have represented and hereby commit that all units shall be townhouse/condominium type of units which , shall be sold in a condominium format. � 3. The Owners shall agree to set aside and dedicate to the City the necessary right-of-way corridor as established by the Federal Way City Council, subsequent to the date of 1 incorporation, for the extension of lOth Avenue S. W./344th 1 right-of-way c�rridor. The City Council shall agree to use its best efforts to complete the corridor route designation on or before April 3, 1990, but not later than May 1, 1990. The right- of-way for the route thus established shall be dedicated by Owners to the City prior to the issuance of building permits bn either parcel 5 or 7. . 4. This Concomitant Agreement shall be operative upon the incorporation of the City of Federal Way, to wit: 12:01 a.m., Feb=uary 28, 1990. In the event the City of Federal Way adopts a Comprehensive Plan and/or Zoning Map or Land Use Code, as it ; affects the subject property, which is substantially different ; from the Code upon which the City Council will be conducting a � hearing on February 27, 1990, then the Owners shall have the JDW00757X ' 4 - i� � right to request termination of this Agreement. This election to ) request termiriation must be made by Owners within thirty (30) days from the date of the adoption of the Code, which is contemplated to be the night of February 27, 1990. In the event that the request to terminate this Agreement is made and termination occurs, the City of Federal Way shall have the right to amend the zoning of the subject.property which may include the placing of a single family residential classification thereon. 5. The City of Federal Way agrees to cooperate with the Owners in the processing of the necessary permits and applications required as a condition precedent to approval of construction of the project. � 6. Owners state that it is their intent to pr�vide � sufficient information to enable the City of Federal Way to issue , a mitigated DNS for the project for the subject property Hnich shall incorporate the conditions of this Agreement. Ow understand that the SEPA determinations are a matter cf a separate procesding and are not a part of this Concomitant Agreement. 7. The Owners hereby acknowledge that the City of Federal Way has not coerced the Owners, and in fact, the Owners have offered to have the terms of this Agreement imposed upon them and the subject property, and the Owners are willing to abide by the terms of said Agreement, and the Owners further agree that the terms herein are drafted for the benefit of the public health, safety and welfare of the community. '� 8. This Agreement may be amended by the Owners by JDW00757X - 5 ' � � filing an application therefore, which shall be considered and .� heard in the same manner as a rezone of property. Such action shall not release the Owners from any obligations assumed under this Agreement, unless and until, such amendment has been approved by the City. . 9. This Agreement is specifically enforceable by the City in equity, and the City ma� institute and prosecute any proceedings at law or in equity to enforce the provisions of this . Agreement. The Owners further agree to pay all of the City's costs, including reasonable attorneys fees expended by the City in obtaining enforcement proceedings. 10. Nothing in this Agreement shall be coristrued as preventing the City of Federal Way from enforcing or exercising � its police powers. 11. This Agreement shall be binding upon all of the Owners of the real property herein described and their heirs, successors in interest and assigns, and this Agreement shall run with the land described herein. Provided, however, if Owners have not proceeded with the project within three years of February 28, 1990, or otherwise allow any building or other permits or approvals to expire within said three years, then the City of Federal Way may proceed to rezone the property not withstanding any other terms of this Agreement to the contrary. 12. At Owners' expense, this Agreement shall be recorded with the Ring County Department of Records and Elections, and the terms and conditions hereof shall constitute a > covenant running with the land. All building, occupancy and use JDW00757X - 6 - � \ � � permits hereafter- applied for or issued shall be subj ect to the terms, conditions and limitations of this Agreement and the applicable ordinances and codes of Federal Way. Nothing herein shall be construed as requiring or vbligating the City to issue any buildinq, occupancy or conditional use or other permit. r`r"� f� � 19 9 0 . DATED this �_ • day of � �, POLYGON 2000, Inc. (Owner) QUADRANT CORPORATION (Owner) By : �_�� BY � �'�/ O Title: J�- :� �: Title: Pn�oY !i'rcQ res� ATTEST/AUTHENTICATED: � rt��:�i¢�.�� ,l . %%/�GZ� CITY CLERK, DELd�RES MEAD CITY OF FEDERAL WAY �LT.F LOCRE INTERIM CIT MANAGER STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) _ I certify that I know or have satisfacto�y ev�dence that �e�� ' �°"" � signed this instrument, cn oat:: stated that �� was authorized to execute the instrument and acknowledged it as the ��u� V�c J % °J jr�"�of POLYGON 2 0 00 , Inc . tc be the free and voluntary act of such party for the uses and � purposes mentioned in this instrument. � DATED this ��day of � , 1990. �- NOT PUBLIC � \ My mmission expires: � O • _ � � � i JDW00757X — � — �� STATE OF WASHINGTON ) . - ) ss: COUNTY OF RING ) � I certify that Z know or have sati.sfactory evidence that ��«' � �� e ��- signed thtiis instrument, on oath stated that � e- was authorized to execute the instrument and acknowledged it as the -�P�Jay^ l/tt2 �i�os'Jclo,�,� of QIIADRANT CORPORATION to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. � DATED this �7 day of �"� , 1990. NOTAR�BLIC ' My c ission expires: � � � JDW00757X - 8 - ) � . � ' ' , EXHIBIT A PARCEL 7 ' • \ : , ,. �.. • • • ' , ' ' ' ' ' • •' �. . . . •: ' • ' , , . .. . • TIIOS� PORTIONS OF � TIIE NOFi'rI1EAST ONE-QU7IRTER �F TIiE HORTiiWEST ' ONE-QU�TER 1�ND TIiE SOUT�iE11ST ONE-QU1�FtTER OF T�iE NORTfiWEST •. oNE-QURRTER 1�LL IN sECTSON 19 , ToWNSFi�P 21 NoFtT�i � RANGE � 4 'E1lST, W.M.,' IN KING COUNTY, WASIiINGTON; S�ID PORTIONS BEING � . MOItE P11�TICUI�tLY DESCItIBED AS ' FOLLOW3 : � • . - �: � • . , COMMENCING ,�iT TIiE WEST. ONE-QUILATER CORNER OF 811ID SECTION 19 ; T�iENCE ALONG TFiE E�1ST/WEST CENTERLINE OF' S11ID _ S$CTION 19 ' S88' 58 � 22"E 1282. 94 FEET TO TIiE SOUTIiWEST CORNER ' OF TIIE , SOUTIiEAST ONE-QU7IRTER �OF SAID NORT�iWEST ONE-QUIIRTER f' TIiENCE ALQNG TIiE WEST =LINE TIiEREOF NO1' 13 t 12"E 202. 55 FEET TO T11E N�ATIiWESTERLY;; LINE OF T�i1�T CERT7IIN EASEMENT GFtANTED TO TIiE i� UNITED ST1iTE5 ' aF'� 1LMERICA FOR ELECTRICIIL TFtANSMI55ION . I�INES BY DOCUMENTS TtECORDED UNDER RECORDING NUMBERS �5034341, 5029580 1�2tD • 5aZ7474 ;•. AECORDS OF SAID COUNTY 11ND �'fiE TRpE ' � . POINT OF .BEGI2TNING; . • • ' • TIiENCE CONTINUING ALONG SAID WEST LINE 11ND TFiE WEST LINE OF • 81iID NORTIiEAST • ONE-QUILRTER "OF SAID NaRTIiWEST ONE-QUI�RTER • NOl' 13 � 12"E '�.50Z . 8 3 FEET TO 'A POINT 'ON . THE SOUTHERLY MARGIN , OF TIIE I,A..rTDS DESCRIBED IN DEED RECORDED UNDER RECORDING , NUMBER 850117066�, RECORDS OF SAID COUNTY, S11ID POINT' BEING ' ON A CURVE CONCAVE TO TIiE NORTIiE�1.ST H1IVING 11. R�iDIUS OF 842.00 FEET I►ND TO W�ilCfi P�INT A R1IDIAL LINE � BEILRS S4?' 11 � d2 "W f • � . . TIiENCE ALONG SAID M�,RGIN SOUTIiEASTERLY 11ND E1ISTERLY 801.22 . FEET �LONG S11ID CURVE T�IAOUGti � 1L CENTR2IL 1�NGZ�E OF 54 • 31' 16" TD T�iE HEGINNING OF •. A REVERSE CURVE CONCI�VE TO TIiE SOUT�iWEST . IIAVING 71 �21�DIUS OF 616..00 FEET (A Ft,11D?.l1L LINE THAOUG�i SAID BEGINNING B�ARS N07'19'34"W)j � - ' T2iEtiCE CONTINUI2�G 11I�ONG �S1�ID MARGIN EASTERLY . ANO SOUT1iEASTERLY 647 . 3 8� FEET ALONG SAID CURVE THA�UGII A CENTRI�L ANGLE OF 60 • Ol' 11"TO S1�TD NORTIiWESTERLY LINE OF TIiAT CERTI�IN ERSEMENT � GRIINTED TO T�IE UPtITED STATES OF A.MERICA 'FOR ELECTItIC1,I, T�NSMISSION LINES ; BY DOCUMENT3 RECORDED UNDER ItECORDING NUMBERS 503A341� 5a29580, APTD 5027474, RECORDS OF • SAID COUNTY; � TfiENCE ALONG SAID NORTIiWESTERLY LINE S5Z•58�44"W 1662.66 FEET • TO TIIE TItU� pp=2iT �DF B�GINNING "- . l : 0 0 u 0 � !W 720TN ! ;� `r��-i � 3 ; i ��.. l�1��1 Dblrlat � s....� . � ouu+c� � ls��.lWest Campus a planned community 01�1r1�� } ; { � ww�Fe•�.r� � .� r�ca i � 'ci r z�,.,.�. c�.� } .. ♦• ' ""`� � ~ �' �:1.. lH��N .;.• � :�: S�w�lrl�wll� » :1• D�11ee�� a � ; , �� '•• � �� rt �� ..�►,� �� . r ��c.. � .-�! ; �. . ( � YWtMbwW� � l�MN o .� a . ' 'c: ; - -r � oi.u�.i 1 � . ... 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Y�yf Oa0 :Y'at —._� � ee ��. �a � �' � � � �\ � . � �\ °. • ;� \� � ,• � � < ; � \�, �rw wM�e • 3 ,� � � _`�� _..' . _ '_ . ' �w[s�aa . . `►I.: � . � � � . � ,�� 0 '� �' b . i�� . "� •,� , .� a � � � rao►a�w � � � � � .� — I� J/ . / � � � �. Pr��-- 7 � . I � c"',�� ,..1J � �..� E. (�( l�f�.:% /�.)C1l (��"1`2'1' CJ F `l�('�'� �c� aJ ro�►� � ��q�r,��r � EXHIBIT D � EXISTING AMENDMENTS - RESOLUTION 93-144 � � .; � � RESOLUTION NO. 93-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMFNDING THAT CERTAIN CONCOMITANT AGREEMENT RELATING TO THE ZONING OF�`THAT CERTAIN PARCEL OF PROPERTY COMMONLY�� KNOWN AS CAMPUS CREST PROPERTY (PARCEL 5) RECORDED UNDER AUDITOR'S NUMBER . 9003051119, AND AMENDING THAT CONCOMITANT . AGREEMENT RELATING TO THE ZONING OF THAT CERTAIN PARCEL �OF PROPERTY COMMONLY KNOWN AS THE CAMPETS HIGHLAND TOWNHOME PROPERTY (PARCEL 7), RECORDED UNDER AUDITOR�'S NUMBER 900305118; _ AFFIRMING�IN PART AND DENYING IN PART THE HEARING EXAMINER'S RECOMMENDATION IN FILE ,#UPR92Q017. WHEREAS, on February 27, 1990, Concomitant.Agreements were entered into by the City of Federal Way and Polygon 2000, Inc., and the Quadrant Corporation, establishing the zoning and methods of resolving potential disagreements with respect to l� ' vesting rights, as well as the applicability of King County or City of Federal Way regulations with regard to two parcels of property, legally described in Exhibit A attached hereto. Polygon 2000, Inc., and Quadrant Corporation own Campus Crest (parcel 5) ("Campus Crest") and• Campus Highlands Townhomes (parcel. 7) ("Campus Highlands");. referred to as "subject properties". These parcels. lpcated south of Southwest Campus Drive, opposite the introduction � of Tenth Avenue Southwest and the Glen Park at West Campus Deve-lopment; and � WHEREAS, in 1991, the City purchased approximately 16 acres of Campus Crest parcel 5 for the purpose of developinq a community park in conjunction with the construction of a junior � RES ,� 93-144 - PAGE 1 � � �� . high school by the Federal Way School District. This 16 acres � consisted of parcel A of parcel 5. The City�Counc�I ot th4 City o! Federal W�ty;;,.,,Sanuar-y._��I.9, 1993, amended tha Concomitant Agreemenl� .�z�;: - - for parcel 5 by deletinq parcel A fro�. said agseeme�t, which returned it to the original zone classification of RM2400. T�.it..�, t�►zvts°��"�tt�er �a�i:�• ��e�t� for parcel B of - � W ��= •--�-- --� - ... . Pa�ae.�-:� 5�, and� � WHEREAS, the applicant owner is requesting to amend two Concomitant Agreements relating to Campus Crest (parcel B of parcel 5) and Campus Iiighland Townhomes (parcel 7), (hereinafter "Concomitants"); and � wfiEREAS, the Application for Amendment is summarized as follows: � Reauest A: 1. Amend Paragraph 11 to allow 24 months following resolution of the issues surrounding the alignment of lOth Avenue South to proceed with development of project. 2. Clarify the agreement to address the funding for the construction of lOth Avenue Southwest. 3. Define "Proportional Share'� as used in the agreements for the purpose of calculating the development traffic impact. 4. Adding a new subsection to Paragraph 11 0� the Concomitant Agreements, which will define "proceeding" as the filing of a completed billing application for Phase I of the development. RES ,� 93-144 - PAGE 2 . ,� � Recruest B: 1. Modify condition 2B to reduce the required ` 100 foot Type I Buffer for the portions of parcel 5 and 7 adjoining single family zoning to 60 feet. As�part of this request, the applicant proposes to add language requirinq the construction of a solid board fence along property lines of which parcels 5 and 7 which abut single family zone property; and WHEREAS, the Request to Amend the Concomitant Agreements must be processed in the same manner as a quasi-judicial project rezone in accordance with section 22-296 of the Federal Way City Code; and WHEREAS, quasi-judicial rezones are subject to process III review., Federal Way Zoning Code ("FWZC'�) Section 22-476 which requires the Hearing Examiner to issue a recommendation to the City Council, who will then make the final determination; and WHEREAS, pursuant to Process III Review, Federal Way Zoning Code 22-482, the Hearing Examiner held a public hearing on � this Request to Amend the Concomitant Agreements on April 13, 1993, and all public notice having been duly given pursuant to Federal Way Zoning Code 22-480; and WHEREAS, following the public hearing, the Hearing Examiner submitted to the appropriate Council committee his recommendation to approve the proposed Amendments to the Concomitant Agreements; and wHEREAS, Federal Way Land Use Conunittee on May 11, having . considered the recommendation of the Hearing Examiner, has moved to RES � 93-144 - PAGE 3 . • � forward the Examiner's recommendation to the full Council; NOW � THEREFORE � THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Adop�ion of Hearina Examiner Findinas. Pursuant to Federal Way Zoning Code Section 22-302, the City Council has considered � the application, and after full consideration of the entire matter on the record before the Hearing Examiner, including the Examiner's Recommendation, the City Council hereby adopts by reference the Findings of the Federal Way Land Use Hearing Examiner as contained in the Examiner's Recommendation on Amendment to the Concomitant Agreements, Section III, which document is attached hereto as Exhibit B, and incorporated herein by reference, with the clarif ication that the f indings are adopted solely to the extent they relate to that portion of the applications approved herein. SECTION 2. Criteria to Rezone. The City Council adopts by reference the Findings of Specifie Criteria which an applicant must meet in order to obtain a quasi-judicial project related rezone pursuant to Federal Way Zoning Code Section 22-302 (referencing Section 22-299) as contained in the Examiner's Recommendation on Amendment to the Concomitants, Finding Number 7, (A), (B), and (C), with the clarification that the findings are adopted solely to the extent they relate to that portion of the applications approved herein. RES ,� 93-144 - PAGE 4 . , � � SECTION 3. Council Findincrs on Request A(1). The Council � finds that the application to amend the Concomitant Agreements for Campus Crest, parcel B of parcel 5, and Campus Highlands, parcel 7, with respect to Request A(1) to amend paragraph 11 of the Concomitants to allow the applicants 24 months following resolution of issues surrounding the alignment of lOth Avenue South to proceed with the development proposal pursuant to the terms of the Concomitant are �� ::_'`��i�'�e�`:��td�� he � C3�y,'`and as such, do not meet the criteria set forth in Section 22- of the Federal Way City Code. Compliance with this criteria is a condition precedent to approval of this portion of the application, and accordingly, this portion of the application must be denied. The Council finds that the approval of this condition would grant ta applicants a"guaranteed" zoning designation for this property. While the Council has no present intentions to consider a rezone of the subject property, the City must comply with the provisions of the Growth Management Act. Compliance will require adoption of a comprehensive plan from which will flow zoning designations consistent with the adopted comprehensive plan designations. � Any grant of a guaranteed zoning designation for a specified term of years may hinder any future potential of the City Council to adopt zoning designations determined to be in the best interest of the residents of the City. RES ,� 93-144 - PAGE 5 . � � ---- � In addition, in 1990, the City of Federal Way adopted an Interim Comprehensive Plan. The Interim Comprehensive Plan states� that it is a"statement of the conumunity's desires and goals for the future development of the City and provides the framework for a continuinq planninq process that will beqin with the adoption of this plan." Council further finds that any guaranteed zoning designation would be adverse to the City's ability to exercise its goal of carrying out a"continuing planning process." . Finally, the Interim Comprehensive Plan Framework Policy IV, as adopted by the City Council, states that the purpose of the Federal Way Comprehensive Plan is to "provide a process for continuous updatinq and amendment of the Plan and its implementinq plans and regulations." Accordingly, the City Council finds that any grant of a guaranteed zoning designation for a term of years would not be consistent with the Comprehensive Plan Framework Policy to provide for continuous updating and amendment of the Plan and its implementing plans and regulations. SECTION 4. Application AAnroval. The Application to Amend the Concomitant Agreements for, Campus Crest, parcel B of parcel 5, and Campus Highlands, parcel 7, Federal Way File No. UPR-92-0017, is approved with respect to the following provisions: Request�A: 2. Clarify the agreement to address the funding for the construction of lOth Avenue Southwest. 3. Define "Proportional Share" as used in the agreements for the purpose of calculating the development traffic impact. RES # 93-144 - PAGE 6 . �- �' 4. Adding a new subsection to Paragraph 11 of �. - the Concomitant Agreements, which will define "proceeding" as the filing of a completed building application fo'r Phase I of the development. Recruest B: 1. Modify condition 28 to reduce the required 10o foot Type I Buffer for the portions of parcel 5 and 7 adjoininq single family zoning to 60 feet. Construction of a solid board fence along property lines of which parcels 5 and 7 which abut single family zone property will also be required. , The application to amend the Concomitant Agreement is denied with respect to Request A(1) to amend paragraph 11 to allow 24 months following resolution of the issues surrounding the alignment of lOth Avenue South to proceed with development of the project. Council approval of the application shall be evidenced by the adoption of this resolution, and shall permit the applicant herein to develop the subject properties, pursuant to the Concomitant Agreements, as amended hereby. SECTION 5. Future Amendments. Future amendments to the Concomitant Agreements shall be processed by the filing of an� application therefore, which shall be considered and heard in the same manner�as a rezone of property. Such action shall not release owners from any obligation assumed pursuant to the Concomitant Agreement as currently amended, unless or until any future amendment has been approved by the City. SECTION 6. Recording of Resolution. At applicant's expense, this Resolution shall be recorded with the King County RES ,$` 93-144 - PAGE 7 0 . � � Department of Records and Elections, and the terms and conditions �, herein shall constitute a covenant running with the land.� Al1 building, occupancy and use permits hereafter applied for or issued shall be subject to the terms, conditions, and limitation of this Amendment to the Concomitant Agreements, and the extent not modified herein, the original Concomitant Agreements for the subject property, and the applicable ordinances and codes of the City of Federal Way. Nothing herein shall be construed as requiring or obligating the City to issue any buildinq, occupancy, or conditional use or other permit. SECTION ?. Siqnature. The applicants herein shall execute an acknowledgement of the terms of this resolution, acknowledging the modification to the existing Concomitant Aqreements, provided, however, signature of the applicants are not required for this modification to be effective. SECTION 8. Severability Clause. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. SECTION 9. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, thi.s 15th day of June , 1993. RES # 93-144 - PAGE 8 .. , � i � � CITY OF FEDERAL WAY MAYOR, ROBERT STEAD TFiE TERMS OF THIS RESOLUTION ARE ACKNOWLEDGED AS AMENDING CONCOMITANT AGREEMENTS FOR CAI�US CREST (PARCEL B OF PARCEL 5) , AND CAMPUS HIGH�ANDS (PARCEL 7). POLYGON APARTMENT PARTNERS By Title , MAUREEN M.�WANEY, ( PROV D AS TO FORM: CITY ATTORNEY, CAROLYN A. LAKE FILED WITH THE .CITY CLERK: June 9, I993 PASSED BY THE CITY COUNCIL: June 15, 1993 RESOLUTION NO. 93-144 I:�LAUCATHLEFRII2FS0\CAMPUSCR RES ,� 93-144 - PAGE 9 � EXHIBIT E � PROPOSED CONCOMITANT AGREEMENT AMENDMENTS �J CITY OF�� L � �� A�. March 27, 1997 33530 1ST WAY SOUTH Mr. Stephen K. Causseaux, Jr. Federal Way Hearing Examiner 902 South lOth Street Tacoma, WA 98405 C� (206) 661-4000 FEDERAL WAY, WA 98003-6210 (206) 661-4034 Re: UPR No. 96-0023; SEP No. 96-0019, and SPR No. 96-0020 Dear Mr. Causseaua: At the Public Hearing on 'l�esday, Febn�ary 18, 1997, concerning the above-referenced applications, you asked for clarification from the City concerning the basis for processing an application for an amendment to the concomitant Agreemeat for Parcel 7 of the Campus Highlands while not taking any action with respect to the concomitant Agreement concerning Parcel SB of Campus Highlands. In particular, we unde�stand that a concern was raised by Polygon 2000, Inc. concerning whether the City could or should waive what Polygon claimed were pra�acisting requireme,nts for Qua�drant to beaz, along with Polygon, the responsibility to: (1) construct the extension of lOth Avenue S.W.; and (2) widen Campus Drive along the entire frontage of Parcels 5 and 7. The City's response follows. As we understand that the record of the proccecling has been held ope,� for our response, we request that this letter and its attachments be included as exhibits and be made part of the record in this matter, referenced above. The City does not object if the Examiner wishes to leave the record open for an additional period to allow the applicant and/or Polygon to respond. - �.r• - : �� .�� Yt The City's action in amending only the Concomitant Agreement for Parcel7 is correct. Unless the City were to i�eceive a joint application for development of both ParcelSB and Parcel7, the City has no legal option but to process an application for amendment of the concomitant agreement with respect to Parcel7 as separate from anything affecting Parc�15B. The two parcels are under separate owne�ship and, as such, can be developed separately, including any necessary common project-spacific zoning changes or concomitant agreement amendments. For example, as owner of Pazcel 7, the Quadrant Corporation could request a variance to allow proposed developme,nt on Pazce17. The City would be legally required to consider that application on its merits, without respact to whether a similar application had been made with respect to ParcelSB. And, if the City were to grant such a variance, doing so would not necessarily entitle the owner of Parcel SB to a similar variance just because the two parcels were originally zoned by virtue of � Mr. Stephen K. Causseawc, Jr. March 27, 1997 Page 2 � U a concomitant agreement. Similazly, the City is required to process and evaluate the Quadrant Corporation's request for an amendment to the concomitant Agreement u�d�II�IIt of whether the owner of ParcelSB has requested any concomitant Agreement amendments, and the City's dec;ision on the Quadrant Corporation's appliration dces not neoessarily entitle the owner of Pazcel SB to any particular result: applications for the individual parcels must be evaluated on their respective merits, if any. The histo�y of the concomitant Agreeme,nts with respect to each p�arcel supports this conclusion. In 1990, the City Council adopted separate concomitant Agreements for Pazce17 and Parcel 5. i At that time, the Quadrant Corporation owned parcels 5 and 7 outright, and Polygon 2000, Inc. held options to purchase. Polygon submitted a site plan review application (SPR 90-0003) in July 1990 for Parcel7, and filed a site plan review application for Parcel5 in August, 1990 (SPR 90- 0222). Polygon then proc;eeded with efforts to develop both parcels, by undertaking traffic analysis, site planning, PreliminarY engineering and architscture, geotechnical studies, and storm water analysis. At some point, Polygon exercised its option and closed its purchase of Pazce15. In July, 1991, Polygon sold the majority of Pazce15 (now known as ParcelSA) to the City of Federal Way for $1.4 million. The City proceeded to submit plans for development of a junior high school and city park (92-OOOlUPR). As part of these plans, the City applied for an amendment to the Concomitant Agreement for Parcel5 to remove ParcelSA from the coverage of the Agreement. Polygon opposed the requested amendment, claiming that the City was not entitled to seek am�dment of the c�oomitant "without the concurrence of the other i�arkies to the Agreement." See Letter dated Decembea' 8, 1992 from Polygon Vice Preside,nt Richard A. Pitt to Federal Hearing Examiner at 2(capy attached). The Examiner rejected Polygon's protest, and recommended approvai of the City's application and amendment to the Concomitant Agreement. On January 19, 1993, the City Council approved Resolution 93-128, which amended the Concomit�nt Agreeme�t and approved the City's request. Polygon did not appeal or in any way challenge Resolution 93-128. Instead, Polygon proceeded with its development plans for both parcels; however, it apparently could not complete them in the time frame called for by its option agreement with Quadrant. In December 1992, Polygon approached the C'ity conceming its own amendmea�t to the Concomitant Agreements for both Paroels 5 and 7, to raduce landscaping buffer requirements and to clarify the requirement for improvement of an extension of lOth Avenue. Polygon also asked the City to confirm in writing that Polygon's delay in developing Pazcels 5 and 7 was not Polygon's fault, 'See Concomitant Agreement Relating to the Zoning of That Certain Parcel of Property Known As the Campus Highlands Town Home Property (Parcel 'n, dated February 27, 1990; Concomitant Agreement Relating to the Zoning of That Certain Pazcel of Property Commonly Known as the Campus Crest Properiy (Parcel5), dated February 27, 1990 (Copies attached). � Mr. Stephen K. Causseaux, Jr. March 27, 1997 Page 3 • but ra.ther was due to the need to wait for the City to complete its study of alignment options for the lOth Avenue extensian. Polygon also aslaed the City to agree not to initiate any further rezone of Pazcels 5 or 7 unti124 months after the City had resolved the alignment issues surmunding extension of lOth Avenue. See Letter dated December 3, 1992 from Polygon Senior Vive President Gary A. Young to Kenneth E. Nyberg at 2(copy attached). The City did not provide the confirmation Polygon requested concerning delay, but did provide a letter of understanding confirming City staff's agreement to amendment of the Concomitant Agreements to provide Polygon an additiona124 months following resolution of lOth Aveuue alignment issues, before the City would consider rezoning the property. The letter also clarified that the lOth Avenue S.W. impmvem�t requirements would be Polygon's responsibility, by tying improvements to development bv Po y.gon: In addition, the Concomitants should be clarified to state that in the event of n� d�velovm - by Po�gon� Po yg on a�*�c tc� c�nstr�ct lOtih_ AvenLe, or, as its sole option, contribute its proportional share of the cost of the construction of lOth Avenue, provided that the first monies paid shall be used, or Polygon shall receive credit towazd its proportional share, in an amount equal to the cost to construct the minimum road necessary to access the Polygon development .... "Proportional share", as used within the Concomitants, is defined to be: praportional share based upon the formula currently used by the City to calculate development traffic impact, with a furthes� clarification that at a minimum, � �arlies contribLtin�n��mm�ortio al chare woLd cb�tit�itP Polygon P�rcpl S�nd �iacen �1�y owners ('n 1� ing he itvl; provided however, if lOth Avenue when oonstructed benefits solely Polygon Parcel5 i.e. (Existing solely as an access road to Polygon Parcel 5 development), the City shall not contribute any dollars toward construction, but would agree to dedicate that one-half portion of the right- of-way needed for proper intersection alignment. Letter dat�d December 14, 1992 from Assistant City Manager Kenneth Nyberg to Polygon Seauor Vice President Gary A. Young at 2(copy attached) (emphasis added). Thereafter, Polygon applied for an amendment to both of the Concomitant Agreements. Its applications contained two parts, "Request A" and "Request B." Request A included the various items agreed upon and memorialized in Mr. Nyberg's December 14, 1992 letter to Gary A. Young, while Request B dealt with the reduction in landscape buffers between the sites and existing single family zoning. See Staff Report, dated April 13, 1993, UPR 92-0017, at 3(copy attached). The Hearing Examiner recommended that the Council approved the changes "as requested." Hearing Examine� Recommendation, File No. UPR 92-0014, Hearing Examiner File No. 93-3 (copy attached) at 5, Paragraph V. � Mr. Stephen K. Causseau�c, Jr. Mazch 27, 1997 Page 4 � Whe,n the matte� was presented to the Council in June, 1993, the Council approved the majority of Polygon's request, including its request to amend the Concomitant Agreements to clarify that improvem�t of lOth Av�ue would be i+equired only when Polygon began developme�t of Parcel 5, and that a proportional share of the lOth Avenue improveme,nt costs would be contributed by , Polygon Pazce15[A] and the owners of other property adjaaent to the lOth Avenue extension including the City (unless the lOth Avenue ext,e�►sion served only Polygon's Parcel5, in which case the City was not obligated to pay). See Resolution 93-144 at 6. Because the City was moving forward with planning required under the Growth Management Act, RCW 36.70A and foresaw a potential nced to rezone either or both parcels, the Council rejected Polygon's request for an additiona124 months of time before any rezoning. See Resolution 93-144, adopted June 15, 1993, at 5-7, Sections 3-4 (copy attached). Thereafter, Polygon chose not to eacercise its option to purchase Parce17, leaving the Quadrant Corporation as the sole owner of Parcel7. Thus, the history of the Concomitant Agreements, and amendme,nts to them, demonstrates that the City has trea.ted the parcels sep2�rately, when warranted by separate ownership. Sepatate. ooncomitant agreements were adopted for the separate parcels. Subsequently, Resolution 93-128 was adopted, to remove ParcelSA from coverage under the Concomitant Agreement for Pazcel 5. The only time the two were treated together was in Resolution 93-144, which occurred in the context of Polygon's applications to develop both properties, together. The City's actions in processing the Quadrant Corporation's application for Parcel 7 independent of any action by Polygon concerning Pazcel SB is correct, and consistent with its prior actions. IJe : �� . �o� . - n - i The City is also correctly refraining �from requiring the Quadrant Corporation to improve, or contribute to the capital costs of improving, lOth Ave,nue S.W. The original, 1990 Concomitant Agreement for Parcel ? provided that: The Owners shall agrae to sez aside and dedicate to the City the necessary right-of- way corridor as established by the Federal way City Council ... for the eztension of lOth Avenue S.W. 344th right-of-way ooaidor. ....The right�f-way for the rout� thus established shall be dedicated by Owners to the City prior to the issuance of building permits on either parcel5 or 7. Parcel 7 Concomitant Agreement at 4, Paragraph 3. As discussed above, this rec�uirement — z Presumably, Polygon did not exe�+cise its option to purchase Parcel7 because, without the additional time from the City, it would not be able to develop the property within the scope of its option with Quadrant and without risk thax the property would be rezoned to a single family designation during adoption of the Comprehensive Plan. ❑ Mr. Stephen K. Causseaux, Jr. March 27, 199? Page 5 • which covered only dedication of right-of-way, not payment of capital c�nstruction costs -- was subsequenfly clarified by Resolution No. 93-144, to make clear that improvement of lOth Avenue S.W. would be triggered by development 1��gs�n, and that responsibility for capital constru�tion costs would be borne by Po ygon Parcel_� and owners of property adjacent to the lOth Ave,nue S.W. �ctension. Resolution No. 93-144 thus eliminatsd any contractual requirement arising from the 1990 Concomitant Agreement that the owner of Pazce17 contribute to the costs of lOth Avenue S.W. Further, the Quadrant Corporation cannot dedicate any right-of-way for the lOth Avenue ext�.si�, because it does not own properiy adjacent to the proposed extension. �us, ihe proposed am�dm�t to Conc;omitant A�em�t before you (attached) properly clarifies that Quadrant is not required to dedicate property for the right-of-way for lOth Avenue S.W. 1. � �• � .,,� �, - The 1990 Concomitant Agreements for Parcel7 required that: Campus Drive, along the entire length of the subject property and parcel5, shall be widened, in accordance with then applicable City standards, to allow for a center turn lane. This improvemea�t shall be oonstructed and completed prior to the issuance of oocupancy permits for the first phase of the pmject. ...[The] owners may apply to the City for authorization to post a bond in accordance with the applicable provisions of the Federal way Zoning Code to assure the constcuction of the required improvements and, upon the approval and the posting of a bond in compliance with the City oodes, oocuP��Y P�� may be issued proved all other terms and conditions of this Agreement and all of the applicable provisions of the Federal Way codes have otherwise been fully complied with. 1990 Concomitant Agr�ement, Parcel '7, at 3, Paragraph 2.D. A similar provision was included in the 1990 Concomitant Agreement for Parcel5, requiririg widening of Campus Drive along "the entire length of the subject property and parcel7. ..." 1990 Concomitant Agreement, Parcel 5, at 2, Paragraph 2.D. This paragraph, which assumed that Pazcels 5 and 7 would be developed by the same e,ntity, was not affected by either Resolution No. 93-128 or Resolution No. 93-144. The proposed Concomitant Agreement Amendments, attached to the Staff Report as Exhibit E, state at Section 4 that the "requirement to widen Campus Drive for the entire length of the properly and construct a left-hand turn lane" "shall not apply to the proposed Federai Way Golf Learning Center project." In the course of reviewing the Concomitants to respond to the Examiner's request, City staff realized that the proposed language was somewhat ambiguous (because the existing left lane extends along a portion of the property but not "its entire length"), and that some additionai confusion might arise given that the 1990 Concomitant requires the owner of Paroel 7 to also widen Campus Drive along Parcel5. Consequenfly, the City intended to revise the language contained in page 5, Section 4 Concomitant Agreement Amendments, to , � • Mr. Stephen K. Causseaux, Jr. March 27, 1997 Page 6 clarify that the Quadrant Corporation is responsible for widening Campus Drive Qn13t along the westernmost 400 or so feet of its property, and to state that Quadrant is not required to widcn Campus Drive or construct a left-turn lane along Parcel5. After further review, however, City staff concluded that exte,nsion of the left turn lane is not ne�ressary to mitigate traffic impa�cts flowing from the proposed project but that instead, widening Campus Drive itself will mitigate traffic impacts. Upon further discussions with Quadrant, staff have revised the Amendment tio Conoomitant A�t to reflect �►at Quadrant will dedicate five feet of additional right-of-way along Parcel7, to fa�cilitate the City's widening of Campus Drive. This project is incorporated in the City's Transportation Improvement Program ("TIP"). The revised Amendment to Concomitant Agreement (attached) also reflects that Quadrant will also pay its pro rata share of the TIP project, which is calculated at 1.8 % of $2.6 million, or $46, 800.00. �� We hope that the foregoing satisfactorily answers die Examiner's questions. Again, the City does not object to leaving the record open so that Polygon or Quadrant may respond to this letter. Very truly yours, �'��;�� C� � Bob C. Sterbank Assistant City Attorney BCS:mjm Encs. ca� -�� . �l►�` , ,�5� Ben Conwell, Quadrant CW / enc �.) Alan Bowman, Polygon (w/encl. ) x:�.� 3 The revised Concomitant Agreement Ame,ndme�ts also include the substituted liability language agreed to by the applicant and the City. Because of publication deadlines, the City was unable to include this language in the original proposed amendme�t submitted to the Examiner, but did discuss the language as part of City staff's presentation during the public hearing. The revised language can be found at page 6, Section 9 of the enclosed, revised Concomitant Agreements.