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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 , PAGE 6 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 , PAGE 7