ORD 05-493
ORDINANCE NO. 05-493
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ADOPTING IMMEDIATE
OFFICIAL ZONING CONTROLS IN THE CITY CENTER
CORE AND A PORTION OF THE CITY CENTER FRAME
BOUNDED ON THE NORTH BY SOUTH 312TH STREET,
BOUNDED ON THE WEST BY PACIFIC HIGHWAY SOIJTII,
BOUNDED ON THE EAST BY INTERST ATE 5, AND
BOUNDED ON THE SOUTH BY THE CITY CENTER CORE,
RESTRICTING ACCEJ)T ANCE OF APPLICATIONS FOR
BUILDING AND OTHER LAND USE APPROVALS FOR
SINGLE-STORY SINGLE TENANT BUILDINGS IN EXCESS
OF 75,000 SQUARE FEET, SINGLE-STORY MUL TI- 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, PRODIJCE,
HARDW ARE, GARDEN AND RELA TEn ITEMS, TO BE
EFFECTIVE FOR A PERIOD OF SIX MONTHS, SETTING A
DATE FOR A PUBLIC HEARING ON THE INTERIM
ZONING CONTROLS AND RESTRICTIONS, PROVIDING
EXCEPTIONS, ESTABLISHING A WORK PLAN, AND
DECLARING AN EMERGENCY.
WlIEREAS, the City of Federal Way has the authority to adopt interim regulations
pursuant to RCW 35A.63.220; and
WHEREAS, the Federal Way City Council envisions a City Center Core éU1d City
Center Frame, as set forth in the Comprehensive Plan, including multi-story structures with mixed
use of retail, office and residential uses, and substantial detriment to this vision would be caused by
allowing contrary land uses and development; and
ORIGINAL
ORD #05-493, PAGE 1
WHEREAS, 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 1 0,000 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; and
WHEREAS, the Federal Way City Council finds that the enactment ofthis ordinance
constitutes an emergency due to the pending downtown market study by The Leland Group (the
"Leland Study"), the pending downtown Environmental Impact Study (the "Planned Action SEP A"),
the rapidly changing use of land and buildings, and lack of new economic investment in the City
Center Core and a portion of the City Center Frame bounded on the north by 31 ih Street, bounded
on the west by Pacific Highway South, bounded on the east by Interstate 5, and bounded on the
South by the City Center Core (the "Restricted Area"); and
WHEREAS, the initial results ofthe Leland Study were prescntedon May 17,2005,
indicating that there is a market for mixed use of retail, office and residential in the City of Federal
Way; and
WHEREAS, recommended redevelopment strategies the City may desire to
implement will be presented by the Leland Group later in 2005; and
WHEREAS, it is anticipated that thc Planned Action SEP A draft will be issued
during the Summer of 2005 and will set forth capacity and mitigation requiremcnts fÒr
redevelopment in the Restricted Area; and
WHEREAS, private restrictions on real property within the Restricted Area are
counter to the Comprehensive Plan; and
ORD #05-493, PAGE 2
WHEREAS, 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 that conflict with the
Comprehensive Plan and the City's intent to carefully and thoroughly plan for, and provide
appropriate development regulations; and
WHEREAS, the Federal Way City Council has determined that City stall should
review and evaluate (1) the Leland Study with recommended strategies, (2) the Planned Action
SEP A, (3) private restrictions on real property, (4) ways to achieve greater density in downtown; (5)
ways to encourage housing, office and multi-story development, (6) ways to maximize pedestrian
opportunities, and (7) protection of the public health, safety and welfare; and
WHEREAS, as required by RCW 35A.63.220, the Federal Way City Council will
hold a public hearing within sixty (60) days of the passage of this ordinance to consider Staff s
progress on a Work Plan; and
WHEREAS, the potential adverse impacts on the public health, property, safety and
welfare of the City and its citizens, as discussed above, justify the declaration of an emergency;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Purpose. The purposes of this ordinance are 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) complete the Planned Action SEP A; (d) plan for and
implement appropriate development regulations for the Restricted Area in response to the Leland
Study, recommended strategies, and Planned Action SEPA; (e) prevent major investment and/or
ORD #05-493, PAGE 3
vesting of rights in conflict with the Comprehensive Plan and the City's intent to carefully mId
thoroughly plan for, and provide appropriate development regulations; (f) review and evaluate the
impacts of private restrictions on real property that are counter to the Comprehensive Phm; (g) study
ways to achieve greater density in downtown; (h) encourage housing, otliee and multi-story
development in the downtown; (i) maximize pedestrian opportunities in the downtown; and CD
protect the public health, safety and welfare.
Section 2. Duration. The interim zoning controls and restriction on acceptance of
certain applications shall be in effect until December 7, 2005, unless extended by the City Council
pursuant to State law.
Section 3. Restricted Area. The provisions of this ordinance shall apply to the City
Center Core and a portion of the City Center Frame bounded on the north by South 31 ih Street,
bounded on the west by Pacific Highway South, bounded on the east by Interstate 5, mId bounded on
the South by the City Center Core (the "Restricted Area").
Section 4. Applications Restricted. From and after the effective date of this
ordinance and through December 7,2005, no new land use or building pemlit 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, retail establishments primarily selling grocerics,
produce, and related items, or retail establishments primarily selling hardware, garden and related
items within the Restricted Area shall be accepted by the City. The Department of Community
Development Services shall not process any application that does not meet the requirements of this
ORD #05-493, PAGE 4
ordinance. The City Manager or designee shall have authority to make written determinations as to
the applicability of this section.
Section 5. Exemptions. This ordinance specifically exempts Vested Applications,
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.
Section 6. Vested Applications. All vested applications shall continue to he
processed according to the Federal Way City Code and land use regulations in eŒect on the date of
vesting, An application will be legally vested for purposes of this Ordinance 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 of this section.
Section 7. Work Plan/Direction to Staff. This ordinance is intended as an interim
control to contain development in the Restricted Area until the City can more fully study the Leland
Study, recommended redevelopment strategies, complete the Planned Action SEPA and achieve the
purposes and intent of this ordinance. The City Council hereby directs the City Manager to develop
a work plan for the Restricted Area consistent with the Comprehensive Plan, the Leland Study, the
Planned Action SEP A draft, and the purpose and intent ofthis ordinance, which shall be presented to
the City Council at the Public Hearing by August 6, 2005. The City Council hereby directs the City
Manager to develop regulations for the Restricted Area consistent with the Work Plan, the
Comprehensive Plan, the Leland Study, the Planned Action SEP A, and the purpose and intent of this
ordinance which shall be presented to the City Council and/or the Planning Commission at the
ORD #05-493, PAGE 5
earliest possible date after the Public Hearing. The City Manager is encouraged to seek informal
input from residents, businesses, city staff and other interested members of the public.
Section 8. Public Hearing. Pursuant to RCW 3SA.63.220, a public hearing will be
held for the purpose of adopting findings and conclusions in support of the provisions of this
ordinance, adopting a work plan, and developing regulations to address the purposes of this
ordinance by August 6, 2005 as required by RCW 3SA.63.220.
Section 9. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis
ordinance or the invalidity ofthe 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 10. 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 of the 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.
June
PASSED by the City Council of the City of Federal Way this
, 2002-.
7th
day of
F FEDERAL WAY
ORD # 05-493
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ATTEST:
/
CIT CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~ ;t;/-.. ~<
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No. 05-493
6/7 /2005
6/7 /2005
6/11/2005
6/7 /2005
K:\Ordin\2005\1nlerim Zoning Control opt I
ORD # 05-493
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