ORD 05-513
ORDINANCE NO. 05 --5(~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING
RESTRICTIONS OF AND EXTENDING THE EFFECTIVE
PERIOD OF THE INTERIM OFFICIAL ZONING CONTROLS
ADOPTED ON JUNE 7, 2005 AND DECLARING AN
EMERGENCY (AMENDING ORDINANCE NUMBERS 05-493
AND 05-499).
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, drive-through 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 31zth Street, bounded on the west by Pacific Highway South,
bounded on the east by Interstate 5, and bounded on the south by South 324th Street (the "Restricted
Area"), which are scheduled to expire on December 7,2005;
WHEREAS, the Federal Way City Council held a public hearing within sixty (60)
days ofthe passage of Ordinance No. 05-493 as required by RCW 35A.63.220;
WHEREAS, after reviewing the City staff report and receiving public testimony at the
public hearing, the City Council adopted Findings and Conclusions and approved a Work Plan for
the effective period of the Interim Official Zoning Controls in the form of Ordinance No. 05-499, as
required by RCW 35A.63.220;
ORD # 0:;513 , PAGE I
WHEREAS, staff is not recommending the prohibition of grocery or hardware stores
in the new proposed Code Amendments, and Council finds that these uses should be allowed during
the remainder of the effective period ofthe Interim Zoning Controls;
WHEREAS, in accordance with the Work Plan, staff worked with the public to
receive its input and prepared a draft set of Code Amendments for the City Center, and the Planning
Commission commenced a public hearing to consider those Code Amendments on November 16,
2005;
WHEREAS, at the November 16, 2005 Planning Commission public hearing, the
staff presented its proposed Code Amendments, the public had an opportunity to comment, and the
Commission began a discussion on the proposed amendments and continued the hearing for further
discussion until December 7, 2005;
WHEREAS, the Planning Commission stated in its public meeting on November 16,
2005 that it needed 30 additional days to review the proposed Code Amendments that will replace
the Interim Zoning Controls adopted on June 7, 2005;
WHEREAS, the next regular meeting of the City Council was December 6,2005, and
the Planning Commission public hearing will be closed no earlier than December 7, 2005;
WHEREAS, the Federal Way City Council held a public hearing on December 6,
2005 to consider extension ofthe Official Interim Zoning Controls as required by RCW 35A.63.220
before the expiration of December 7, 2005;
WHEREAS, after reviewing the City staff report and receiving public testimony at the
public hearing, the City Council determined to adopt Findings to extend the effective period ofthe
interim official zoning controls as required by RCW 35A.63.220;
ORD #05" 5/3 , PAGE 2
WHEREAS, RCW 35A.63.220 provides for extensions in six-month increments only;
WHEREAS, the intent of the Council is to allow for an extension shorter than what is
allowed by statute, and, therefore, although statute requires an extension until June 7, 2006,
Council's direction to staff and the Planning Commission is that the Planning Commission's
recommendation on the proposed City Center Code Amendments is to be presented to Council by the
February 20,2005 City Council meeting; and
WHEREAS, the potential adverse impacts on the public health, property, safety and
welfare of the City and its citizens, if the Interim Zoning Controls were allowed to lapse prior to
having permanent City Center Code Amendments in effect, justify the declaration of an emergency
by the City Council to extend the Interim Zoning Controls to allow the Planning Commission the
opportunity to make its recommendation on the proposed Code Amendments;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Public Hearing. Pursuant to RCW 35A.63.220, a public hearing was held
on December 6, 2005 for the purpose of allowing public comment and discussion and adopting
Findings as required by RCW 35A.63.220. At the public hearing, City staff presented a staff report
and the public had an opportunity to testify.
Section 2. Findings. Based on the Planning Commission's statement at its November
16,2005 public meeting, City staff's presentation, the public testimony, and Council deliberation,
and to protect the health, safety, and welfare of the citizens of the City of Federal Way, the City
Council hereby adopts the previous Findings and Conclusions made in Ordinance No. 05-499 and
the staff report attached hereto as Exhibit A and finds that substantial steps have been made by staff
ORD # 05.$'/3 , PAGE 3
to comply with the Work Plan adopted in Ordinance No. 05-499, that the Planning Commission
requires approximately 30 additional days to come to a decision regarding the proposed City Center
Code Amendments, and the Council will require time to discuss the recommendation received from
the Planning Commission, thereby justifying the adoption of this Ordinance, which extends the
effective period of the interim official zoning controls, which were created by Ordinance Nos. 05-
493 and 05-499. Additionally, Council finds that grocery and hardware store uses should be allowed
during the remainder of the effective period of the Interim Zoning Controls, because staff is not
recommending a prohibition of those uses in the City Center in the proposed Code Amendments.
Section 3. Amendment of Restrictions. The application restrictions set out in Section
4 of Ordinance No. 05-493 are hereby amended so that new land use or building permit applications
submitted by retail establishments primarily selling groceries, produce, and related items, or retail
establishments primarily selling hardware, garden and related items within the Restricted Area shall
be accepted by the City upon the effective date of this Ordinance.
Section 4. Extension of Effective Period. The effective period ofthe Interim Official
Zoning Controls created by Ordinance Nos. 05-493 and 05-499 is hereby extended for a maximum 6-
month period to June 7,2006 pursuant to RCW 35A.63.220. The Council shall terminate the Interim
Official Zoning Controls created on June 7, 2005 as soon as the City Center Code Amendments as
approved by the City Council become effective.
Section 5. Severability. The provisions ofthis ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
ORD # [},5; . <:;r 5 , PAGE 4
circumstances.
Section 6. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 7. Declaration of Emergency - Effective Date. For the reasons set forth
above, and to promote the objectives stated herein, the City Council finds that a public emergency
exists, necessitating that this ordinance take effect immediately upon its passage by a majority plus
one ofthe whole membership of the Council in order to protect the public health safety, property and
general welfare. This ordinance shall take effect and be in force immediately upon passage by the
City Council
PASSED by the City Council of the City of Federal Way this ~day of December
2005.
CITY OF FEDERAL WAY
ATTEST:
APPROVED AS TO FORM:
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CITY ATTORNEY, PATRICIA A. RICHARDSON
ORD #~5---~ /3 , PAGE 5
FILED WTI1I THE CITY CLERK: I ~oJ
PASSED BY THE CITY COUNCIL: I (p( 05'"
PUBLISHED: / df I D/ bS' .
EFFECTWEDATE: li/",,!t.))
ORDINANCE NO. [J Stil3
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ORD # 05--::'/.3 , PAGE 6
Exhibit A
STAFF REPORT
Background: The City Council adopted an interim zoning ordinance on June 7, 2005 for a
period of six months in order to give the City time to complete some on-going studies of the City
center and adopt some permanent zoning changes in a portion of the City's center core and
frame, The Ordinance restricted new single story 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, and retail
establishments primarily selling groceries, produce hardware, garden and related items. The area
impacted is the City Center Core and the portion of the frame bounded on the north by S 31ih
Street, bounded on the west by Pacific Highway South, bounded on the east by Interstate 5, and
bounded on the south by South 324th Street.
Progress: Since this time the city has taken the following actions regarding this issue:
1. Hired an independent Planning Professional to review the Codes and provide an opinion
regarding obstacles to achieving the city's vision for the downtown through the code
requirements.
2. Completed the Leland Report which provided guidance for code change
recommendations.
3. Conducted a public hearing at the City Council within 60 days of the original Ordinance
date.
4. Met with the Chamber of Commerce a number of times to explain the changes
recommended.
5. Met with property owners individually per their request.
6. Invited all property owners and interested parties to a meeting to explain interim
ordinance and proposed changes.
7. Completed a workshop on the proposed changes with the Planning Commission on
October 19, 2005.
8. Started a public hearing at the Planning Commission on November 16,2005. This
hearing has been continued to December 7, 2005,
Work Left to Do: The Planning Commission will likely finish their hearing on the proposed
code amendments at their meeting on December ih. Once this is completed the recommendation
will be forwarded to the Land Use & Transportation Committee (LUTC) for review and
recommendation. The LUTC will forward a recommendation to the full council for adoption and
first and second readings of the Ordinance.
Staff Recommendation: Continue the Interim Zoning Ordinance for a maximum of 6 months
and discontinue once the new regulations have been reviewed and approved by the full council.
ORD # O~'SI3 , PAGE 7