ORD 05-499
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ORDINANCE NO. 05-499
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ADOPTING FINDINGS
AND CONCLUSIONS AND A WORK PLAN REGARDING
THE INTERIM OFFICIAL ZONING CONTROLS ADOPTED
ON .JUNE 7, 2005 (AMENDING ORDINANCE NUMBER 05-
493).
WHEREAS, the City of Federal Way adopted interim regulations pursuant to RCW
35A.63.220 on June 7, 2005 in the form of Ordinance No. 05-493, restricting single-story single
tenant buildings in excess of 75,000 square feet, single-story multi-tenant buildings in excess of
10,000 square feet, driveMthrough businesses, casinos, card rooms, non-banking check cashing
businesses, thrift stores, pawn shops, retail establishments primarily selling groceries, produce,
hardware, garden and related items in the City Center Core and a portion of the City Center Frame
bounded on the north by South 31ih Street, bounded on the west by Pacific Highway South,
bounded on the east by Interstate 5, and bounded on the south by South 3241h Street (the "Restricted
Area"); and
WHEREAS, the Federal Way City Council held a public hearing within sixty (60)
days of the passage of Ordinance No. 05-493 as required by RCW 35A.63.220; and
WHEREAS, after reviewing the City staff report and receiving public testimony at the
public hearing, the City Council determined to adopt Findings and Conclusions and approve a Work
Plan for the effective period ofthe interim official zoning controls as required by RCW 35A.63.220;
NOW, THEREFORE, TIlE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORD #05-499, PAGE 1
ORI GINAL
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Section 1. Public Hearing. Pursuant to RCW 35A.63 .220, a public hearing was held
on August 2, 2005 for the purpose of allowing public comment and discussion, adopting Findings
and Conclusions, adopting a Work Plan, and developing regulations to address the purposes of this
Ordinance and Ordinance No. 05-493, as requircd by RCW 35A.63.220. At the public hearing, City
staff prcsented a staff report and the public had an opporttmity to testify.
Section 2. Adoption of Findings and Conclusions. Bascd on City staff's presentation,
the public testimony, and Council deliberation, the City COlmeil hereby adopts the analysis contained
in thc City stafI report attached to this Ordinance as Exhibit A and hereby incorporatcd by this
reference, as well as, thc Findings and Conclusions attaehcd to this Ordinance as Exhibit nand
hereby incorporated by this reference as justification for its actions in adopting this Ordinance and
Ordinance No. 05-493, as required by RCW 35A.63.220
Section 3. Adoption of Work Plan. In accordance with 35A.63.220, City staff has
developed a Work Plan for adopting amendments to the Federal Way City Code to address zoning in
the Restricted Area. The City Council hereby adopts thc Work Plan attach cd to this Ordinancc as
Exhibit C and hereby incorporated by this referencc.
Section 4. Severability. The provisions of this ordinance are declared separate and
sevcrable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis
ordinance or the invalidity of the application thereofto any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstmIees.
Section 5. Ratification. Any act consistent with the authority mId prior to the
eflective date of this ordinmlce is hereby ratified and affirmed.
ORD #05-499, PAGE 2
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Section 7. Effective Date. This ordinance shall bc effective five days aftcrits
passage, approval and publication as provided by law.
PASSED by the City Council of the City of Federal Way this 6th day of Sept. 2005.
CITY OF FEDERAL WAY
~~
ATTEST:
CI-~N~ST!t'" Cl~EH. CMC
1W1t~1"\. CITY C~ / JAS 0:.1 (..<t-~I:A
APPROVED AS TO FORM:
cP?:lC(, ~
CI Y ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 8/2/2005
PASSED ny THE CITY COUNCIL: 9/6/2005
PUBLISHED: 9/10/2005
EFFECTIVE DATE: 9/15/2005
ORDINANCE NO. 05-499
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ORD # 05-499 ,PAGE 3
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EXHIBIT A
STAFF REpORT
The interim zoning ordinmlce applies to all of the City Center Core mId a portion of the City
Center Frame. The purpose of the Ordinance is to give the City the opportunity to finish the
downtown Planned Action SEP A and the Leland Study and implement recommendations before
additional private investment is made that is inconsistent with the Comprehensive Plml.
This ordinat~ec agp.l~es to the ar.ea west of Pa~ifie Highway, cast ?f the freeway, north of .3241\
and south of 312 . I hese areas mcludc the entue property zoned elty center core and a p01110n of
the City Center frame also included in the Planned Action SEP A.
Why is this an Arca of Focus for the City?
The State's Growth Management Act and the King County Planning Policies require thc City to
achicve a certain level of urban density. In addition, our city center was designated one of a
dozen UrbmI Ccnters within the County. A high concentration of jobs and housing are plmmed
for Urban Centcrs across the County. The City of Federal Way has housing and job targets that
we are expected to aehievc within the next 20 years. Through our Comprehensive Plan we have
adopted a stratcgy that places the highest density of the city's housing and jobs in this core and
frame area. The amount of private investment in the downtown area has not met our
expectations, nor the goals of the Comprehensive Plan.
What is the City Doine: About It'!
The City has invested approximately 45 million dollars of public money in storm water and
street infrastructure to benefit this area to prepare for future development.
The City has adopted a tax incentive ordinmlce to attract housing in the downtown.
The City is in the process of finishing a Planned Action SEP A Draft EIS for this area. The result
of this action will be to project the development capacity lor the next several years and identify
the mitigation necessary to achieve this buildout. Ultimately, this tool will assist dcvelopers with
an expedited permit process if their project is consistent with the vision of the Comprehensive
Plan. The Draft EIS is projected to be completed this summer.
Recently, the City hired the Leland Group to study the downtown area and give thc city guidance
about the market potential for this area. Their final recommendations will also be completed this
summer, but the preliminary findings show that attracting a lifcstyle center in the city center is
realistic under the right conditions.
Why adovt the Interim Zonine: Ordinancc'!
The City of Federal Way's city center is at a crucial point. The City has a great potential and
there is new development interest in the area. Both the Planned Action SEP A and the Leland
Inlerim Zoning Conlrol Ordinance ..- Exhibit A Page I
Statl Report
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Study have identified Zoning Code issues that will need to be rectified in order to achieve the
City's vision for the downtown. This is a crucial time when the decisions that are made for the
downtown may impact the future development potential for this area. For this reason, mI interim
zoning ordinance is proposed to give the City some time to complete our study and EIS and
identify code changes that need to be made and prevent actions that will hinder the city's ability
to make progress towards our goals.
Thc interim ordinance temporarily prohibits one story strip mall type developmcnt, uses that
encourage a sea of parking, and uses that may be detrimental to the future vision of the City.
Specifically, new one-story single tenants in excess of 75,000 square feet and ncw one-story
multi-tenant buildings of 10,000 square feet arc not allowed for the duration of this temporary
ordinance. In addition the following uses are not allowed if a building or land use permit is
required: drive through businesses, casinos, card rooms, check cashing businesses, thrift storcs,
pawn shops, retail establishments selling primarily groceries and retail establishments primarily
selling hardware and garden related items.
This ordinance is not intended to impact any person or property owner that alrcady has a
complete application in our development process and therefore exempts those applications from
this ordinance. If the City continues to permit uses and new construction that is contrary to the
Comprehensivc Plan prior to making permanent changes, then we will create additional non-
conforming structures and businesses. The down side to thc City is that we may have uses with
long term agreements that are inconsistent with our vision and may discourage development that
does meet our goals. The down side to the business owner is that once a non-confc.mning use is
created it may be difficult to obtain financing and the Code does not permit expansion of that
use.
State law providcs the interim zoning ordinance as a tool that cities can use to temporarily
address concerns. The cities of Redmond, Tacoma, Des Moines and Kirklmld have used this
method to address concerns in their cities. State law specifically provides three things: 1) allows
cities to enact interim regulations first, 2) requires a public hearing within 60 days of enactment
and if adopted, lasts (-) months with the option of extending another (-) months if nccessary.
Next Steps
City staff has preparcd a timeline for amcnding the zoning code with permanent changes before
the end of the year. We have hired a pImming consultant that has provided us with a list of
specific sections of the Code that need attention. In the next two weeks we will he mceting with
stakeholders for feedback. We propose to have the changes go to the Planning Commission
starting in September.
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I.nterim Zoning Control Ordinance - Exhibit A Page 2
Staff Report
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EXHIBIT B
ST A TEMENT OF FINDINGS AND CONCLUSIONS
FINDJNGS
1. The City of Fcderal Way has the legal authority to adopt interim regulations pursuant to
RCW 35A.63.220.
2. The City of Federal Way is a diverse suburban South King County community with
approximately 86,000 rcsidents. A portion of the City involves commercial business, and
industrial land uses, with the majority of the City being residential in nature. There is,
however, no defined "downtown" or "city ecnter" to serve as a f()cal point for city identity,
business and commerce, and cultural, entertainmcnt, retail, and public and private service
facilities. The Council finds that such a city center would be greatly in the public's interest.
3. Thc Puget Sound Regional Council has f()fecast significant cmployment and population
growth for the region in which the City is located, over the coming several decades, based
on trcnds of cxpanding business in the Puget Sound area. In accordance with thc Growth
Management Act, the City must take actions that will cause future growth to differ from
past trcnds.
4. In addition to its 86,000 residents, visitors to the City include pcople from neighboring
communities. Many people drive through Federal Way on their way to more distant places,
others come specifically for the businesses, activities and anIenities of the City. Pacific
I-lighway South (SR-99) and SR 18 arc major traffic routes passing through Fcderal Way.
A major freeway, 1-5, abuts the easterly boundary of the City. Many auto-oriented
businesscs are loeatcd along SR-99 and draw customers from people who use these routes.
People from neighboring communities visitthe City for such amenities as the Federal Way
Commons, Steel Lake Park, and Celebration Park, and more will be expected after the
completion of the City's ncw Community Center.
5. The Countywide Planning Policies and Vision 2020 emphasize the designation of "Urban
Centers" in major employment centers throughout the Puget Sound Region. There is a
concentration of employment and commercial activities within Federal Way, which makes
the City a significant and desirable place within which to focus future employment growth,
transit linkages, recreational, and residential opportunities. The City of Federal Way
Comprehensive Plan has designated a section of the City as an "Urban Center," as ratified
by King County's Ci-rowth Management Planning Council.
6. One of the major objectives of designating an Urban Center is to create a development area
that has employment and residential densities large enough to be served by a high capacity
trmIsit system and diverse enough to result in an inviting and vibrmIt urban environment. In
order to accomplish these objectives, it is important that the City's future commercial and
housing development be concentrated within the urban center.
Inlerirn Zoning Control Ordinance - Exhibit B Page I
Statement of Findings and Conclusions
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7. Most cities in Washington have a recognizable downtown or city center, which typically
serves as a focal point within each city, and provides a sense of community identity and
civic pride. ]'hey may include retail and commercial establishments, parking facilities,
trmIsit facilities, condominiums and multi-family housing, government buildings, parks,
open spaces, and provisions for vehicular and pedestrian circulation. A City Center may be
smaller in size than an "urban center". A City Center area, however, often is the focal point
of the larger Urban Center.
S. In order for the City Center area of the City's Urban Center to evolvc into a true town
center or central business district, as contemplated by the City's comprehensive plml, it will
be necessary to produce a number of fundamental changes in its form and appearance.
Developers, whether private or public, choose to invest in an area when they are confident
that the level of quality and economic return of their projects will bc matched and
reinforced by other projects. It is, therefore, appropriate to encourage a uniformly high
level of quality and compatibility, which, in turn, will act as a catalyst for further
development and improvement by the private sector.
9. The Federal Way City Council envisions a City Center Core and City Center f'rame, as set
forth in Chapter 2 of the Comprehensive Plan, ineluding multi-story structures with mixed
use of retail, office and residential uses as outlined in Goal LUG6 and Policies LUP38 ::-md
LUP39.
10. A Federal Way City Center Core and City Center Frmne would be promoted by adoption of
zoning code amendments that encourage mixed ImId uses densities and concentration,
pcdestrimI amenities and connections, relationships to transit systems, urban design
qualities, rclationship to surroillIdings, perimeter and internal circulation and parking, and
relocation of low intensity, auto oriented uses.
11. The Federal Way City Council has taken steps to pursue the development of the City
Center by commissioning a downtown market study but The Leland Group (the "Leland
Study") and a downtown Environmental Impact Study in association with a SEP A Planned
Action (the "Planned Action EIS").
12. The initial results of the Leland Study were presented on May 17, 2005, indicating that
there is a market for mixed use of retail, office and residential in the City of Federal Way.
13. The Lel<:-md Group presented its initial recommended redevelopment strategies to the City
Council on July 19,2005.
14. It is anticipated that the Planned Action EIS draft will be issued by the end of 2005. The
Final Environmental Impact Study and Planned Action Ordinance will set forth capacity
and mitigation requirements for redevelopment in the Restricted Area.
15. The Federal Way City Council finds that many private restrictions on real property within
the Restricted Area are counter to the Comprehensive Plan.
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Inlerim Zoning Conlrol Ordinance - Exhibit B Page 2
Statemenl of Findings and Conclusions
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16. The Federal Way City Council further finds that allowing land uses and developments that
fail to fulfill the City Center vision of the Comprehensive Plan would cause substantial
detriment to the accomplishment of that adopted vision.
17. The Federal Way City Council has determined that it is in the best interest of the City to
prevent major investment and/or vesting of rights associated with land uses and
developments that conflict with the Comprehensive Plan in order to allow the City to
carefully and thoroughly plan for, and provide appropriate development regulations.
18. The Federal Way City Council has determined that there is a need for interim restrictions
on single-story single tenant buildings in excess of 75,000 square feet, single-story multi-
tenant buildings in excess of 10,000 square feet, drive-through businesses, casinos, card
rooms, non Mbanking check cashing businesses, thrift stores, pawn shops, rctail
establishments primarily selling groceries, produce, hardware, garden and related items.
19. The Federal Way City Council finds that the interim zoning is needed due to the pending
Leland Study, the pending Planned Action EIS, and the continued land use and
development activity that is counter to the City Council's vision for the City Center.
20. The City Council held a Public Hearing August 2, 2005, took testimony, admitted evidence
into the record, and considered the matter fully.
21. All appropriate procedures were followed in accordance with the requirements of the
FWCC mld applicable law.
22. All appropriate notices wcre delivered in accordance with the requirements of the FWCC
and applicable law.
23. The Staff Report sets forth general findings, applicablc policies and provisions in the
matter and is hereby incorporated in its entirety, without limitation, by this rcfcrencc.
24. Any Conclusion that should be a Finding is hereby adopted as a Finding.
CONCLUSIONS
25. The Federal Way City Council has determined that City staff should review and evaluate
(1) the Leland Study with rceommended stratcgies, (2) the Planned Action SEP A, (3)
private restrictions on real property, (4) ways to achieve greater dcnsity in downtown; (5)
ways to encourage housing, office mId multi-story development, (6) ways to improve sales
and property tax revenue; (7) ways to maximize pedestrian opportunities, and (8) protection
of the public health, safety mId wclfare.
26. The purposes of the interim zoning arc to: (a) comply with the Growth Management Act
(GMA), King County Countywide Planning Policies, and the City of Federal Way
Comprehensive Plan (the "Comprehensive Plan"); (b) evaluate the Leland Study results
and recommended redevelopment strategies; (c) completc the Planned Action SEPA; (d)
lnlerim Zoning Conlrol Ordinance - Exhibit B Pagc 3
Statcment or Findings and Conclusions
. .
plan for and implement appropriate development regulations for the Restricted Are;:l in
response to the Leland Study, recommended strategies, and Planned Action SEP A; (e)
prevent major investment and/or vesting of rights counter to the Comprehensive Plan <md
the City's intent to carefully and thoroughly plan for, and provide appropriate development
regulations; (f) review and evaluate the impacts of private restrictions on real property that
arc counter to the Comprehensive Plan; (g) study ways to achieve greater density in
downtown; (h) encourage housing, office mId multi-story development in the downtown;
(i) maximize pedestrian opportunities in the downtown; and Cj) protect the public health,
safety and welfare.
27. The provisions of the interim zoning shall apply to thc Restricted Area.
28. The interim zoning prohibits new land use or building permit applications for single-story
single tenant buildings in excess of 75,000 square feet, single-story multi-tenant buildings
in excess of 10,000 square feet, drive-through businesses, casinos, card rooms, non-
banking check cashing businesses, thrift stores, pawn shops, rctail establishments primarily
selling groceries, produce, and relatcd items, or retail establishments primarily sclling
hardware, garden and related items within the Restricted Area. 'I'he Department of
Community Development Services shall not process any application that does not meet the
requirements of the interim zoning. The City Manager or designee shall have authority to
make writtcn determinations as to the applicability of this section.
29. The interim zoning specifically exempts Vestcd Applications, as defined in Ordinance No.
05-493, permits or approvals that are required for upkeep, repair, or maintenance of
existing buildings and properties, or work mandated by the City to maintain public health
and safety. The City Manager or designee shall have authority to make written
determinations as to the applicability of this section.
30. All Vested Applications, as defined in Ordinance No. 05-493, shall continuc to be
processcd according to the Federal Way City Code and land use rcgulations in effect on the
date of vesting. An application will bc legally vested for purposes of this Ordinance and
Ordinmlce No. 05-493 when it is deemed complete by the Director of Community
Development. The City Manager or designee shall have authority to make written
determinations as to the applicability ofthis section.
31. The City Council has adopted a Work Plan for the Restricted Area consistent with the
Comprehcnsive Plan, the Leland Study, the Planned Action SEP A draft, and the purpose
and intent of the interim zoning ordinmlce, which was presented to the City Council at the
Public Hearing on August 2, 2005.
32. The City Council has directed the City Manager to develop regulations for the Restricted
Area consistent with the Work Plan, the Comprehensive Plan, thc Leland Study, the
Planned Action SEP A, and the purpose and intent of this ordinance, which shall be
presented to thc City Council and/or the Planning Commission at the earliest possible datc
after the Public Hearing. The City Manager was encouraged to seek informal input from
Inlerim Zoning Control Ordinance - Exhibit B Page 4
Statcment of Findings and Conclusions
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residents, businesses, city staff and other interested members of the public in developing
these regulations.
33. Any Finding that should be a Conclusion is hereby adopted as a Conclusion.
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EXHIBIT C
WORK PLAN
Tentative Work Plan for Downtown Zoning Ordinance
I. June -July 8-Prepare scope of work and contract (if needed) with Faith Lumsden.
(Doherty)
2. July 8-18- Consultant to prepare draft code obstacle report. Report delivered on July 181h.
( consul tmIt)
3. July 18- LUTC amend Plmming Commission work program and update on the plan.
(McClung)
4. July 18-July 22-Staffreview and feedback to the consultant July 22. (Doherty, Fewins,
McClung, Barker)
5. August 1- Preliminary feedback to LUTC (Doherty & McClung)
6. August 2- Hearing on Interim Zoning Ordinance (McClung & Doherty)
7. August 8- Final report back from consultant.
8. August 8~August 16th_ Meet with Chamber or other interested stakeholders. (Doherty)
9. August 16-September 8- Draft Ordinance ( Michaelson) (15 working days)
10. Septcmber 9-15 - Staff review draft ordinance (Law, Moseley, Doherty, Fewins,
McClung, Barker)
11. Septcmber 9-15 - Start Planning Commission Staff Report (Michaleson)
12. September 1-9- Prepare SEP A checklist -Barker
13. Issuc SEP A 9/14- Conlen
14. September 15-17 Prcpare final ordinance.(Michaelson)
15. September 18-27- Preparc final statI report to Planning Commission.(Michaelson)
16. September 19- Prepare Notice to Paper on PC Hearing (McClung & Piety)
17. Post and mail Public Notice for PC Hearing (Piety & Intern)
18. September 21- Planning Commission Workshop- (Michaelson, Doherty, McClung)
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Interim Zoning Conlrol Ordinance - Exhibit C Page I
Work Plan
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19. September 28- PC Staff Report Mailed (Piety)
20. October 5 & October 19- Planning Commission Hearings (191h only if needed)
(Michaelson, Doherty, McClungO
21. October 20-28- Prepare PC Findings & ["UTC memo (Michaelson)
22. November 7 & 21- LUTC (Council as Whole) (November 28 special meeting if needed)
23. November 29- Prepare Council Agenda Sheet - (Michaelson)
24. December 6- first reading at Council. Extend moratorium if needed.
25. December 19- second reading
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Inlerim Zoning Control Ordinance - Exhibit C Pagc 2
Work Plan