ORD 05-491
ORDINANCE NO. 05-491
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 DESIGNATION AND ZONING OF 4.03 ACRES
LOCATED NORTH OF SOUTH 312TH STREET AND EAST OF 1ST A VENUE
SOUTH FROM PROFESSIONAL OFFICE (PO) TO NEIGHBORHOOD
BUSINESS (BN), 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")
requires 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 element
(including transportation system map[s]); 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 1, 2001, 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 36.70A.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 wm be acted upon simultaneously in order 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 Comprehensive Plan; and
ORD #05-491, PAGE 1
ORt GINAL
WHEREAS, these actions include Ordinance No. 05-490, approving a change in comprehensive 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, these actions include Ordinance No. 05-491, approving a change in comprehensive plan
designation and zoning of 4.03 acres located north of South 312th Street and east of 1 st A venue South from
Professional Office (PO) to Neighborhood Business (BN), based on specific conditions as contained in
Section 2 below; and
WHEREAS, in September 2003, the City of Federal Way accepted a request from Paul Benton on
behalf of the Puget Center Partnership to change the comprehensive plan designation and zoning of 4.03 acres
located north of South 31 th Street and east of 1 st A venue South from Professional Office (PO) to
Neighborhood Business (BN); and
WHEREAS, in February 2005, the City's SEPA Responsible Official issued a Determination of
Nonsignificance on the 2004 comprehensive plan amendments, which included the Puget Center Partnership
request; 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:
1. The City's Planning Commission held a public hearing on the Puget Center Partnership request
on March 23, 2005, after which it recommended approval oft/1e comprehensive plan amendment
and rezone from Professional Office (PO) to Neighborhood Business (BN), based on a five to one
(5-1) vote on condition that a deed restriction be placed on the property;
2. The Land U sefTransportation Committee of the Federal Way City Council considered the request
on April 18, 2005 and May 2,2005, following which it recommended approval of the request
based on the conditions of approval in Section 2 below; and
ORD #05-491, PAGE 2
3. The full City Council considered the matter at its meetings on May 17,2005, and June 7,2005;
and
WHEREAS, the City Council desires to approve the change in comprehensive plan designation and
zoning of 4.03 our acres located north of South 312th Street and east of 1 st A venue South from Professional
Office (PO) to Neighborhood Business (BN), based on specific conditions as contained in Section 2 below.
Now, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as
follows:
Section 1. Findin!!s.
A. The proposed amendment to the comprehensive plan map, as set forth in Exhibit A attached
hereto, to change the comprehensive plan designation and zoning of 4.03 acres located north of South 312th
Street and east of 1 st A venue South from Professional Office (PO) to Neighborhood Business (BN), based on
conditions of approval set forth in Section 2 below, wm allow development which is compatible with the
surrounding neighborhood, including adjacent single-family uses, provide convenient goods and services at a
pedestrian and neighborhood scale close to adjacent residential uses, and provide for transportation facilities to
serve the site, and therefore bears a substantial relationship to public health, safety, and welfare; is in the best
interest of the residents of the City; and is consistent with the requirements ofRCW 36.70A, the King County
Countywide Planning Policies, and the unamended portion of the Plan.
B. The proposed amendment to the comprehensive plan map, as set forth in Exhibit A attached
hereto, is compatible with adjacent land uses and will not negatively affect open space, streams, lakes, or
wetlands, or the physical environment in general. The amendment 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 will allow reasonable use of property subject to constraints necessary to protect environmentally sensitive
areas. The amendment, therefore, bears a substantial relationship to public health, safety, and welfare; is in the
best interest of the residents of the City; and is consistent with the requirements of RCW 36.70A, the King
County Countywide Planning Policies, and the unamended portion of the Plan.
ORD #05-491, PAGE 3
C. The proposed amendment to the Zoning Map, set forth in Exhibit B attached hereto, is consistent
with the applicable provisions of the comprehensive plan and the comprehensive plan land use map proposed
to be amended in Section 3 below, bears a substantial relation to public health, safety, and welfare, and is in the
best interest of the residents of the City.
Section 2. Conditions of ADDroval.
1.
The following uses shall be prohibited:
Car wash
Vehicle service station
Vehicle repair
Bar, tavern, or cocktail lounge
Fast food restaurant with drive-through facilities
Group home
2.
The approved site plan for any allowable development on the site shall meet the following
requirements:
a. Landscaping shall be provided along the northern and eastern property lines to
adequately buffer on-site uses from adjacent residential uses and at the minimum must comply
with FWCC Section 22-1566.
b. Existing vegetation must be retained to the maximum extent possible as demonstrated
on a tree retention plan ~eeting the requirements of FWCC Section 22-1568.
c. To the maximum extent possible, buildings shall be constructed adjacent to the street
right-of-way with parking located behind the buildings.
Section 3.
ComDrehensive 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 Authoritv. The adoption of Plan amendments in Section 3 above is pursuant
to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to FWCC Section 22-541.
Section 5. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the app1ication 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.
ORD #05-491, PAGE 4
Section 6. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, as thereafter
amended in 1998,2000, 2001,2003, 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 affirmed.
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
/
City lcrk, N. Christine Green, CMC
ApPROVED AS TO FORM:
/ ~ú. ~
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
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
05-491
1:12004 Comprehensive Plan12004 UpdatclCity Council12nd Reading ofOrdinance\Pugct Center Partnership Adoption Ordinance 2.doc/5/3112005 3:44
PM
ORD #05-491
, PAGE 5
EXHIBIT A
TO
ADOPTION ORDINANCE
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City of Federal Way
Comprehensive Plan
2004 Site
Specific Req uest:
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subject to conditions.
Approved per Ordinance
No, 05 - 491
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This map is accompanied by no warranties,
and is simply a graphic representation,
EXHIBIT B
TO
ADOPTION ORDINANCE
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City of Federal Way
Zoning
2004 Site
Specific Req uest:
Puget Center
Partnership
Legend
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PO to BN
subject to conditions.
Approved per Ordinance
No. 05 - 491
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0 125 250
, I Feet
This map is accompanied by no warranties,
and is simply a graphic representation,