ORD 05-490
ORDINANCE NO. 05-490
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S GROWTH
MANAGEMENT ACT COMPREHENSIVE PLAN, APPROVING A CHANGE IN
COMPREHENSIVE PLAN DESIGNA TION AND ZONING OF APPROXIMA TEL Y
46 ACRES LOCATED SOUTH OF SOUTH 336TH STREET AND WEST OF PACIFIC
HIGHWAY SOUTH }'ROM BUSINESS PARK (BP) TO COMMUNITY BUSINESS
(BC) AND MULTI-FAMILY (RM 2400), BASED ON SPECIFIC CONDITIONS
(AMENDING ORDINANCE NO'S. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405, 03-
442, 04-460, 04-461, 04-462).
WHEREAS, the Growth Management Act of 1990, as amended, (Chapter 36.70A RCW or "GMA")
requircs the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a
land use map), housing element, capital facilities plan element, utilities element, and transportation clement
(including transportation system mapls]); and
WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations
implementing its comprehensive plan; and
WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the
"Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the
Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on
December 23,1998, September 14, 2000, November I, 20CH, March 27, 2003, and July 20,2004; and
WHEREAS, the City may consider Plan and development regulation amendments pursuant to Article
IX, Chapter 22 of the Federal Way City Code (FWCC); and
WHEREAS, under RCW 3ó.70A.130, the Plan and development regulations are subject to continuing
review and evaluation, but the Plan may be amended no more than one time per year; and
WHEREAS, the Council shall be considering three separate actions to amend the comprehensive plan,
all of which will be acted upon simultaneously in ordcr to comply with RCW 36.70A.130; and
WHEREAS, these actions include Ordinance No. 05~492, amendments to Chapter 5, "Housing," of the
Federal Way COInprehensive Plan; and
ORD #05-490, PAGE 1
OR I GINAL
WHEREAS, these actions include Ordinance No. 05-491, approving a change in comprehensive plan
designation and zoning of 4.03 acres located nOlth of South 31th Street and east of 1st Avcnue South from
Professional Office (PO) to Neighborhood Business (BN), bascd on specific conditions as contaÎncd in
Ordinance No. 05-491; and
WHEREAS, these actions include Ordinance No. 05-490, approving a change in colllprehensivc plan
designation and zoning of approximately 46 acres located south of South 336th Street and west of Pacific
Highway South from Business Park (BP) to Community Business (BC) and Multi-Family (RM 2400), based
on specific conditions as contained in Ordinance No. 05-490; and
WHEREAS, as a result of this action, approximately 19 acres east of a dividing line would be designated
Community Business (BC) and approximatcly 27 acres west of a dividing line would be designated Multi-
Family (RM 2400); the dividing line described as a line extending southwards from the South 3361h Street
right-of-way, said line which follows the eastern buffer of Wetland No.2 as shown in the Settlement
Agreement and Covenant recorded under Recording No. 9704211043 to a point approximately 351 feet north
of the south property line of Parcel No. 202104-9004, at which point said line follows the middle of the 13th
Place South extended right-of-way to thc south property linc of Parcel No. 202104-9004; and
WHEREAS, in April 1999, the City of Federal Way accepted a request from four property owners
(Campus Gateway, Merlino, Chase WN Trust, and Wright) to change the comprehensive plan and zoning of
approximately 42 acres located south of South 336(11 Street and west of Pacific Highway South, thereafter
known as the Kitts Comer request; and
WHEREAS, in June 1999, the City Council determined that the request should be analyzed futthcr and
added the Kitts Corner LLC, Nelson, Carson, Jones, and Slisco parcels to the Campus Gateway, Merlino,
Chase WN Trust, and Wright properties for a total of 46.12 acres; and
WHEREAS, in July 2001, the City's SEPA Responsible Official issued a Determination of
Nonsignificance on the 2001 comprehensive plan amendments, which included Kitts Corner; and
ORD #05-490, PAGE 2
WHEREAS, in August 2001, the applicant withdrew the request for a Multi-Family colllprehcnsive plan
designation and RM zoning for the area west of the on-site wetland (Wctland No.2 as shown in the Seulelllent
Agreement and Covenant recorded under Recording No. 9704211043); and
WHEREAS, in September 200 I, the applicant submitted a new application for a comprehensive plan
designation of Multi-Family and zoning of RM 2400 for the area west of Wetland No.2; and
WHEREAS, in November 2001, the City of Federal Way's Land Use/Transportation Committee gave
direction that a development agreement and development plan be prepared for Kitts Corner, east of Wetland
No.2; and
WHEREAS, in March 2003, per Ordinance No. 03-442, the City of Federal Way adopted a
comprehensive plan designation and zoning of Multi-Family and RM 2400 for the area west of Wetland No.2,
based on it being included in the overall Kitts Corner development agreement and development plan; and
WHEREAS, in September 2004, the applicant submitted an application for approval of a development
agreement and development plan for Kitts Corner; and
WHEREAS, in March 2005, a SEPA Addendum was issued for Kitts Corner; and
WHEREAS, in March 2005, the City informed the applicant that they were initiating a legislative
comprehensive plan amendment and conditional rezone; and
WHEREAS, the proposed Kitts Corner legislative comprehensive plan amendments and eonditional
rezone address all of the goals and requirements set forth in the GMA; and
WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council
committees, and full City Council has received, discussed, and considered the testimony, written comments,
and material from the public, as follows:
I . On September 19, 200 I, the City's Planning Commission considered the Kitts Corner request for
a comprehensive plan designation of Community Business and zoning of BC, based on a
development agreement for the area east of Wetland No.2;
ORD #05A90, PAGE 3
2. On November 6 and November 20,2002, the City's Planning Commission considered the Kitts
Comer request for a comprehensive plan designation of Multi-Farnily and zoning of RM 2400 for
the area wcst of Wetland No.2, based on its inclusion in the development agreement and
development plan to be prepared for the site;
3. On May 2, 2005, the Land Use/Transportation Committee of the Federal Way City Council
considered the request to change the comprehensive plan designation and zoning of approximately
46 acres located south of South 33óth Street and west of Pacific Highway South from Business
Park (BP) to Community Business (BC) and Multi-Family (RM 2400), with approximately 18
acres located east of thel31h Place South extended right-of-way to be designated Colllmunity
Business (BC) and approximately 28 acres located west of the 13ll1 Place South extended right-of-
way to be designated Multi-Family (RM 2400), based on conditions recommended by stafr,
following which it recommended adoption of the staff recommendations;
4. On May 17, 2005, the full City Council considered the request to change the comprehensive plan
designation and zoning of approximately 46 acres located south of South 336tl1 Street and west of
Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi-Family
(RM 2400). At that time based on a request by the applicant, the Council considercd a modified
request to allow approximately 19 acres located east of a line extending southwards from thc
South 3361h Street right-of-way, said line following the eastern buffer of Wetland No.2 as shown
in the Settlement Agreement and Covenant recorded under Recording No. 9704211043 to a point
approximately 351 feet north of the south property line of Parcel No. 202104-9004, at which point
said I ine follows the Illiddle of the 13'h Place South extended right-of-way to the south property
line of Parcel No. 202104-9004 to be designated Community Business (BC) and approximately 27
acres located west of this line to be designated Multi-Family (RM 2400); and
5. On .Tune 7,2005, the full City Council again considered the matter at its meeting; and
WHEREAS, the City Council desires to approve the change in comprehensive plan designation and
zoning of approximately 46 acres located south of South 336'11 Street and west of Pacific Highway South from
Business Park (BP) to Community Business (BC) and Multi-Family (RM 2400), based on specific conditions
as contained in Section 2 of this ordinance.
Now, THEREFORE, the City Council oftbe City of Federal Way, Washington, does hereby ordain as
follows:
URD #05-490, PAGE 4
Section I. Findings.
A.
The proposed amendments to the colllprehensive plan map, as set forth in Exhibit A attached
hereto, to change the comprehensive plan designation and zoning of approximately 46 acres located south of
South 336tl1 Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC)
and Multi-Family (RM 2400), based on conditions of approval set forth in Section 2 below will allow
development of the site in response to market conditions and the Council's vision for development of the site,
while providing for transportation facilities to serve the site and improving circulation in the vicinity, and
therefore bears a substantial relationship to public health, safety, and welfare; are in the best interest of the
residents of the City; and are consistent with the requirements of RCW 36.70A, the King County Countywide
Planning Policies, and the unamended portion of the Plan.
B.
The proposed amendments to the comprehensive plan map, as set forth in Exhibit ^ attached
hereto, arecompatiblc with adjacent land uses and will not negatively affect open space, streams, lakes, or
wetlands, or the physical environment in general. They will allow for growth and development consistent with
the Plan's overall vision and with the Plan's land use element household and job projections, and wi II allow
reasonable use of property subject to constraints necessary to protect environmentally sensitive areas. They
therefore bear a substantial relationship to public health, safety, and welfare; are in the best interest of the
residents of the City; and are consistent with the requirements ofRCW 36.70A, the King County Countywide
Planning Policies, and the unamended portion of the Plan.
c.
The proposed amendments to the Zoning Map, set forth in Exhibit B attached hereto, are
consistent with the applicable provisions of the comprehensive plan and the comprehensive plan land use map
proposed to be amended in Section :1 below, bear a substantial relation to public health, safety, and welfare,
and are in the best interest of the residents of the City.
Section 2. Conditions of ApÇ>roval. The request to change the comprehensive plan designation and
zoning of approximately 46 acres located south of South 336th Street and west of Pacific Highway South 1i"Orl1
ORD #05-490, PAGE 5
Business Park (Bp) to Community Business (BC) and Multi-Family (RM 2400), with approximately 19 acres
to be designated Community Business (BC) and approximately 27 acres to be designated Multi-Family (RM
2400), shall be approved based on the following conditions:
1.
Prior to construction of any new buildings, a single Master Plan for the entire Multi-
Family (RM 2400) and Community Business (BC) zoned site shall be submitted to and approved by the City.
Application for critical area intrusions as applicable is also required in conjunction with master plan review. A
project action State Environmental Policy Act (SEPA) revicw shall also be conducted in conjunction with
Illaster plan and critical area review. Subsequent to Master Plan approval, building design and minor
modifications to the site plan shall be reviewed via a Process II, Site Plan Review. For the purposes of thc
Master Plan, the subject site is comprised ofthe following parcels: 2021 04-90ó9, 202104-9070, 202104-9001,
202 I 04-9090, 202 I 04-9086, 202104-9080, 202104-9072, and 202104-9004.
2.
The Master Plan shall be developed with a cohesive and integrated design that
promotes the following:
a.
Pedestrian scale, and pedestrian orientation and massing of buildings.
Site-wide pedestrian connectivity.
b.
c.
Building massing shall be designed to avoid large expanses of parking arcas adjacent
to and/or visible from the public right-of-ways. On-site parking shall not be allowed between buildings and
public right-or-ways, except the Director of Community Development Services may approve one double-
loaded parking row between a building and right-of-way due to extenuating circumstances.
d.
The appearance of strip eommercial development shall be minimized by breaking
large linear buildings into numerous smaller buildings.
e.
The commercial portion of the site may include a maximum of two primary anchor
buildings. The individual anchor buildings are permitted a maximum 50,000 square feet of building footprint,
and the total gross tloor area of all anchors shall not exceed 100,000 square feet of gross floor area. Anchor
facades shall not exceed a width to depth ratio of 1.5: 1.
r.
Non-anchor buildings should not exceed J 0,000 square feet of building footprint. The
Director of Community Development Services may approve a maximum of two, non-anchor buildings in
excess of 10,000 square feet of building footprint, up to a maximum of 20,000 square feet of building
footprint each, when the applicant demonstrates the following:
(i)
The additional square footage is necessary to aeeolllmodatc the needs of a specific
tenant.
ORD #05-490, PAGE (,
(ii) The facades of the structure include significant structural modulation equal to at least
ten percent of the length ofthe subject façade.
(iii) The overall design of the building is consistent with the pedestrian scale and integrated
design of the overall site.
(iv) Non-anchor facades shall not exceed a width to depth ratio or 2: 1.
g.
Primary commercial building entries shall be clearly visible and recognizable from the
public right-of-ways; or active building facades, including windows and pedestrian scale design amenities such
as screening, plazas, or art features such as trellises, artwork, murals, landscaping, or combinations thereof,
shall be rcquired fronting the right-of-way.
h.
On-street parallel parking is encouraged where feasible.
A minimum offive percent of the gross land area ofthe commercial pOltion of thc site
J.
shall be pedestrian-oriented open space. There shall be one prilllary pedestrian gathering focal point, and
additional supporting pedestrian-oriented gathering locations distributed proportionally throughout the
commercial portion of the site. Open space areas and plazas shall include seating, landscaping, art,
ornamentation, pedestrian scale lighting, water features, and outdoor dining.
J.
Vehicular service stations are not permitted. Fuel pump stations are only permitted
when accessory to an anchor tenant. Any approved fuel pump station shall not be oriented to the public right-
of-way, and shall not exceed two fuel islands with a total of up to eight vehicular fueling positions.
3.
Development of the site shall include design, construction, and dedication of the
following public roadways in accordance with appropriate FWCC street sections:
a. 13th Place South from South 336th Street to the south property line;
b. South 340th Street from Pacific Highway South to the intersection of 13111 Place South
extended;
c. A roadway connecting from South 33óth Street through the residential arca, connecting
to 13t1\ Place South extended.
These public roadways arc necessary to serve the proposed development and shall be
constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate significant
adverse environmental impacts may be required as determined through the SEP A process and will be applied
to any proposed project in the future.
a. Prior to occupancy of any residential building on the site, South 340tll Street from
Pacific Highway South to the intersection of 13th Place South extended, and the roadway within the residential
area connecting to South 336tl! Street, shall bc constructed to meet all applicable standards. Traffic calming
OKD #05-490, PAGE 7
devices such as speed humps, speed tables, traffic circles, chicanes, curb extensions, signs, pavement markings,
or other calming devices as approved by the Public Works Director shall be incorporated within the residential
roadway. Signal modifications at Pacific Highway South and South 340th Street intersection may be required to
provide safe access.
Alternatively, the developer may construct the extension of 13th Place South from South 33óth
Street to its intersection with the proposed residential road as a traffic circle. This would eliminate the need for
the construction of South 340th Street from Pacific Highway South to the interseetion of 13th Place South
extended, and the segment of 13th Place South between South 340th Street and the intersection ofthe residential
roadway (traffic circle).
b. Prior to occupancy of any commercial building, 13th Place South from South 336lh
Street to the south property line, and South 340th Street from Pacific Highway South to the intcrscction of 13th
Place South extended, shall be constructed to all applicable standards. A new traffic signal (South 33óth Street
& 131h Place South) and/or signal modifications (Pacific Highway South & South 340th Street) Illay be required
as determined through the SEP A process.
4.
5.
All new public streets shall include traffic calming features.
Uses other than multi-unit housing and day care facilities that are othclwisc permitted
in the RM zone are not allowed.
6. The multi-family portion of the site, west of Wetland No.2, shall be accessed from
one location along South 336tl1 Street and shall include a public roadway connecting through the residential
area, across the existing berm of Wetland No.2, and connecting to 13th Place South extended.
7.
No more than one anchor building, or a maximum of 75,000 square feet of
commercial building area, may receive a Certificate of Occupancy on the site without the prior construction of
a minimum of 75 residential units.
8.
The residential area shall be designed to minimize reception of potential noise impacts
from adjacent nonresidential uses.
Section 3.
Comprehensive Plan Amendments Adoption.
The 1995 City of Federal Way
Comprehensive Plan, as thereafter amended in 1998,2000,2001,2003, and 2004, copies of which are on file
with the Office of the City Clerk, hereby are and shall be amended as set forth in Exhibit A attached hereto.
Section 4. Amendment Authority. The adoption of Plan amendmentsin Section 3 above is pursuant
to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to FWCC Section 22-541.
ORD #05-490, PAGE 8
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity
of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the
ordinance, or the validity of its application to other persons or circumstances.
Section 6. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, as thereafter
amended in 1998, 2000, 200 I, 2003, and 2004 shall remain in force and effect until the amendments thereto
become operative upon the effective date of this ordinance.
Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affinned.
Section 8. Effective Date. This ordinance shall take effect and be in force five (5) days from and after
its passage, approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
June ,2005.
7th
day of
; ,/"
'v"
Mayor, Dean McColgan
City Clerk, N. Christine Grecn, CMC
APPROVED AS TO FORM:
bzt~
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
5/31/2005
6/7 /2005
6/11/2005
6/16/2005
05-490
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
1:\2004 Comprehensive Plan\2004 Update\City Couneil\2nd Reading of Ordinanee\Kitts Comer Adoption Ordinance.doc/5/3112005 3:31 PM
ORD# 05-~, PAGE 9
EXHIBIT A
TO
ADOPTION ORDINANCE
Omni
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Forum I
IP
--------------------------
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BP
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This boundary is a line extending southwards from the
S. 336th Street r-o-w, said line, which follows the eastern
buffer of Wetland No.2 as shown in \he Settlement
Agreement and Covenant recorded under Recording No.
9704211043 to a point approximately 351 feet north ofthe
south property line of Parcel No. 202104-9004, at which
point it will follow the middle of the 13th PI S. extended r-o-w
to the south property line of Parcel No. 202104-9004.
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-- BC
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BC
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Parkway
Center
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BC
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(Approved Change
from OP to OC~
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13;104 1C2~~.1
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.....
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BP
City of Federal Way
Zoning
2004 Site
Specific Request:
.'1 Kitts Corner
Legend
[:J Zoning
Wetlands (1998 City Survey)
*Rezone from
BP to BC and RM2400
subject to conditions.
Approved per Ordinance
No. 05-490
C\
N 0
250
500
1 Feet
A Fëd.eral Way
This map is accompanied by no warranties
and is simply a graphic representation.
EXHIBIT B
TO
ADOPTION ORDINANCE
QJ
...
..
...
~
Office Park
Pi'l:r~w¡¡,y
Ce'1:er
-
.-_:~S 3a-!ÌI~_.s.J
Community
Business
(Approved Change
from B/lSiness
Park to
Communit!
Business',
2~¿ lOt ~c~ iO,,",.
-SJ~~ ,'¡Be
"""
.~
.~
"I\ç.le Re;¡ardina ComDrehensive Plan Boundary:
This ooL1dary is a line extending southwards from the
S. 336111 Street r-o-w, said line, which follows the eastem
buf'er of Wetland No.2 as shown in the Settlement
Agree<nent and Covenant recorded under Recording No.
97C42',1 a43 to a point approximately 351 feet north of the
s:;Llh ;:rcperty line of Parcel No. 202104-9004, at which
p:;d i: will follow the middle of the 13th PI S. extended r-o-w
10 It-a south property line of Parcel No. 202104-9004.
l~!' <I.
~;.,.'
0011__--1 City of Federal Way
Comprehensive Plan
2004 Site
Specific Request:
Kitts Corner
Wetlands (1998 City Survey)
*Comprehensive Plan
Amendment from Business
Park to Community
Business and Multi-Family
subject to conditions.
Approved per Ordinance
No. 05-490
250 500
, 'Feet
Afèderal War
This map is accompanied by no warranties
and is simply a graphic representation.