Res 04-419
RESOLUTION NO. 04- 419
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, W ASIDNGTON, DISAPPROVING THE PROPOSED
TEXT AMENDMENTS TO THE FEDERAL WAY COMPREHENSIVE
PLAN AND FEDERAL WAY CITY CODE CHAPTER 22 (ZONING) TO
ADD A FREEWAY COMMERCIAL ZONING CLASSIFICATION.
WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July, 1996,
which significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); and
WHEREAS, FWCC Section 22-520 provides that the City Council shall review City-
initiated changes to the text of the comprehensive plan concurrently with docketed
comprehensive plan amendment requests and may review City-initiated changes to the text of
FWCC Chapter 22 (Zoning) from time to time at the City Council's discretion; and
WHEREAS, FWCC Section 22-528 provides for amendments to the text of FWCC
Chapter 22 if: the City finds that a proposed amendment is consistent with the applicable
provisions of the comprehensive plan; the proposed amendment bears a substantial relation to
public health, safety, or welfare; and the proposed amendment is in the best interest of the
residents of the City; and
WHEREAS, the City's SEP A Responsible Official issued a Determination of
Nonsignificance on the proposed Freeway Commercial zoning classification on February 18,
2004; and
WHEREAS, the Planning Commission conducted a duly-noticed public hearing on the
proposed code amendments on March 17, 2004, continued its public hearing to April 7, 2004,
held its deliberations on April 21, 2004, and forwarded a recommendation of approval to the City
Council; and
WHEREAS, the Land Useffransportation Committee (LUTe) of the Federal Way City
Council considered the code amendments relating to a new Freeway Commercial zoning
classification on May 3, 2004, and May 24, 2004, and forwarded a recommendation to table it to
the City Council; and
WHEREAS, the City Council considered the LUTC's recommendation relating to the
proposed Freeway Commercial code amendments on June 1, 2004, and gave staff direction to
prepare a resolution disapproving the proposed Freeway Commercial zoning classification for
action by the City Council on July 20, 2004.
Res.04-41~age 1
ORIGINAL
Now, THEREFORE, the City Council of the City of Federal Way does hereby resolve as
follows:
Section 1. Findings. After full and careful consideration, the City Council of the City of
Federal Way makes the following findings:
A. Amendments to FWCC Chapter 22 to add a new zoning classification of Freeway
Commercial will not result in any incentives for development due to the limited uses proposed to
be allowed in this zone;
B. Amendments to FWCC Chapter 22 to add a new zoning classification of Freeway
Commercial is not needed since the existing Community Business zoning classification allows all
of the uses proposed to be allowed in the Freeway Commercial zone;
C. Amendments to FWCC Chapter 22 to add a new zoning classification of Freeway
Commercial would result in properties having to go through a lengthy comprehensive plan
amendment process in order to obtain this designation;
D. Vacant land meeting the criteria for designation as Freeway Commercial are located
adjacent to residentially zoned areas; therefore, amendments to FWCC Chapter 22 to add a new
zoning classification of Freeway Commercial will not protect residential areas from impacts of
adjacent non-residential uses;
E. Amendments to FWCC Chapter 22 to add a new zoning classification of Freeway
Commercial will not protect and will adversely affect the public health, safety, or welfare; and
F. Amendments to FWCC Chapter 22 to add a new zoning classification of Freeway
Commercial is inconsistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide
for and promote the health, safety, and welfare, and are not in the best interest of the general
public because they will provide the potential to detract from existing commercial areas.
Section 2. Conclusions.
Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in
Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to
the decisional criteria applicable to the proposal:
I. The proposed FWCC text amendments are inconsistent with the following provisions
of the comprehensive plan:
Diversify the economic base by encouraging higher paying white collar and
technical jobs while preserving and enhancing the strong retail base.
Strengthen the City Center as the City's focal point for commercial and community
activities.
LUP15
Protect residential areas from impacts of adjacent non-residential uses.
04-419
Res. # -' Page 2
LUP39
Encourage auto-oriented large bulk retailers to locate in the South 34Sth
Street Community Business area.
2. The proposed amendments are inconsistent with the criteria set forth in FWCC
Section 22-528 because they are inconsistent with the applicable provisions of the
comprehensive plan; do not bear a substantial relation to public health, safety, or
welfare; and are not in the best interest of the residents of the City.
Section 3. Amendment. In light of the Findings of Fact and Conclusions of Law contained
in Sections 1 and 2 above, the City Council declines to adopt the proposed Freeway Commercial
zoning classification and declines to adopt language in the comprehensive plan to support this
classification.
Section 4. Severability. The prOVISIons of this resolution are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, Or portion of
this resolution, or the invalidity of the application thereof to any person or circumstance, shall not
affect the validity of the remainder of the resolution, or the validity of its application to any other
persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
ADOPTED by the City Council of the City of Federal Way at a regular meeting of the City
Council on the 20th day of Jul v , 2004.
~.#~
ayor, Dean McColgan ~
APPROVED AS TO FORM:
_vC~(¡, ~
City Attorney, Patricia A. Richardson
Res.Q4-41,~age 3
FILED WITH THE CITY CLERIC
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
RESOLUTION No.:
06/29/04
07/20/04
n/a
07/20/04
04-419
Res. 94-41,chge 4
1:\DOCUMEN1\Freeway Commercial Zoning DistJict\City Council\O60404 Resolution.doc