ORD 07-552
CITY OF FEDERAL WAY
ORDINANCE NO. 07- h5~
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING ORDINANCE NO. 07-547
ESTABLISHING THE CITY CENTER PLANNED ACTION
PURSUANT TO RCW 43.21.031 AND PROVIDING FOR
CODIFICATION. (Amending Ordinance No. 07-547)
WHEREAS, the Federal Way City Council enacted Ordinance No. 07-547 on
2/20/07, establishing the City Center Planned Action, pursuant to RCW 43.21.031; and
WHEREAS, Section 3.C establishes "Planned Action Qualifications" that specify
what types and maximum" size of development proposals to which the Planned Action
Ordinance shall be applicable; and
WHEREAS, demolition of existing buildings and/or parking facilities was not
expressly identified but was contemplated in the Planned Action Environmental Impact
Statement and was intended to qualify as Planned Action projects.
WHEREAS, in order for ease of use and to further public awareness of the
planned action it has been determined the ordinance needs to be codified,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 Ordinance No. 07-547 shall be amended and codified as a new section
added to Chapter 18, Article II, ENVIRONMENTAL POLICY, Division 3, Categorical
Exemptions and Threshold Determinations, of the Federal Way City Code to read as
follows:
18-83 City Center Planned Action
!!}8eetio81 Purpose. The City of Federal Way declares that the purpose of this
ordinance is to:
A. Combine environmental analysis with land use planning; and
Ordinance No. 07 -~d--
Page 1
B. Set forth a procedure designating certain project actions in a portion of the City
Center sub-area as "planned actions" consistent with state law 43.21 C.03l RCW,
and
C. Streamline and expedite the land use permit review process by relying on
completed and existing environmental analysis for the Planned Action area; and
D. Apply the Federal Way City Code together with the mitigation framework in
Section 3 of this Ordinance for the purpose of processing planned action
development applications.
1!USeetio82. Findings. The City of Federal Way finds that:
A. The City of Federal Way is required to prepare and implement plans in
accordance with the provisions of the Growth Management Act, Chapter 36.70A
RCW.
B. The City of Federal Way has adopted a comprehensive plan and City Center sub-
area plan in compliance with the GMA.
C. The City Center Planned Action Environmental Impact Statement identifies and
addresses all significant environmental impacts associated with the proposed
planned action as defined in Section 3 of this Ordinance; and
D. The mitigation measures contained in Exhibit B of this Ordinance, together with
applicable City development standards, are adequate to mitigate the significant
adverse environmental impacts of planned action development as defined in
Subsection 3.C of this Ordinance.
E. The expedited permit review procedures as set forth in this Ordinance are and will
be a benefit to the public, protect the environment, and enhance economic
development; and
F. Opportunities for public involvement and review have been provided, and
comments considered as part of preparation of the Draft and Final Planned Action
Environmental Impact Statement.
~Seetio8 3. Procedures and Criteria for Evaluating and Determining Projects as
Planned Actions.
A. Planned Action Site. The Planned Action designation shall a~ply to the
approximately 200 acre site generally bounded by South 31 i Street on the north,
South 324th Street on the south, Pacific Highway South on the west and 23rd
A venue South on the east and shown in Exhibit A.
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B. Environmental Document. A planned .action designation for a site-specific
application shall be based .on the environmental analysis contained in the City
C~nter Planned Action Environmental Impact Statement (EIS) completed by the
City on September 8, 2006. "EIS" means the City Center Planned Action
Environmental Impact Statement composed of the Draft EIS (June 2006) and the
Final EIS (September 2006). The Mitigation Document (Exhibit B) is based upon
the analysis of the EIS. The Mitigation Document, together with applicable City
codes, ordinances and standards shall provide the framework for the decision by
the City to impose conditions on a planned action project.
C. Planned Action Qualifications.
I. Land Uses. The following uses are the primary uses analyzed in the EIS.
i. Retail goods and services
11. Office
111. Lodging
IV. Residential
v. Civic
VI. Structured parking
2. Development Thresholds. The Planned Action designation applies to
future development proposals that cumulatively do not exceed the
Development Envelope established by the EIS, as shown in the City
Center Summary Development table below:
C' C
o
T bl
s
Ity enter ummary eve opment a e
Uses Development Envelope
Retail 750,000 sf
Office 350,000 sf
Lodging 600 rooms
Residential 750 units
Civic 500,000
Structured Parkinq 750 stalls
The Planned Action designation also applies to demolition of existing
buildings and/or parking facilities.
If proposed plans significantly change the location of uses in a manner that
would alter the environmental determinations of the EIS, additional SEP A
review may be required. Additional environmental review may be
conducted as an addendum or supplement to the Planned Action EIS.
Shifting the total build-out of development among uses may be permitted
so long as the total build-out does not exceed the aggregate amount of
Ordinance No. 07-55 d-
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development, trip generation and parking thresholds reviewed in the EIS
and so long as the impacts of that development have been identified and
mitigated in the EIS and Mitigation Document.
3. The project is located within the Planned Action Area.
4. Transportation
1. Vehicle Trip Ranges. The ranges of vehicle trips reviewed in the
EIS are as follows:
PI d ArT' Th h Id b 2009
anne cion rip res 0 s )y
Time Period Total Trips
AM Peak Hour 1,220
Saturday Peak Hour 2,816
PM Peak Hour 2,727
Planned Action Trip Thresholds 2010-2014
Time Period Total Trips
AM Peak Hour 919-1,073
Saturday Peak Hour 2,537-2,552
. PM Peak Hour 2,360-2,370
The EIS conducted quantitative analysis on a per-intersection basis of impacts and
mitigation through 2009 (or the equivalent time, based on the cumulative totals of
projected vehicle trips). EIS analysis of201O-2014 vehicle trips was performed more
qualitatively and may require additional environmental review to quantitatively
analyze potential transportation impacts and mitigation measures, as determined by
the SEPA Official, in consultation with the Public Works Director.
11. Trip Threshold. Proposed development that would result in a
cumulative total of trips that exceeds the maximum trip levels
shown above would not quaIify as a Planned Action.
111. Public Works Discretion. The Public Works Director shall have
discretion to determine incremental and total trip generation,
consistent with the Institute of Traffic Engineers (ITE) General
Manual (latest ed.), for each Planned Action project permit
application proposed under this Planned Action.
5. Elements of the Environment Analyzed in the EIS. A project that would
result in a significant change in impacts to any of the elements of the
environment identified in the EIS would not qualify as a Planned Action.
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6. Time Horizon. The Planned Action designation is intended to be
applicable until all development shown in the City Center Summary
Development Table (Subsection 3.C.2) is constructed or until 2014,
whichever occurs first. In addition, should environmental conditions
significantly change from those analyzed in the EIS, the City's SEPA
Official may determine that the Planned Action designation is no longer
applicable unless additional, supplementary environmental review is
conducted, regardless of the date.
D. Planned Action Review Criteria
I. Uses and activities described in the EIS, subject to the qualifications
described in Section 3.C and the mitigation measures.in Exhibit B, may be
designated planned actions pursuant to 43.21C.031 RCW.
2. The SEP A Official or designee is authorized to designate a project
application as a Planned Action pursuant to RCW 43.21 C.031 (2)(a), if the
project meets all of the following conditions:
a) The project is not otherwise exempt from SEP A;
b) The project is consistent with the City of Federal Way
Comprehensive Plan adopted under RCW 36.70A; and
c) The project is subsequent to or is implementing a project which
has had its significant adverse environmental impacts that have
been adequately identified in the EIS; and
d) The project falls within the Planned Action qualifications
identified in Section 3.C of this Ordinance; and
e) The SEPA Official has determined that the project's adverse
impacts are able to be mitigated through the application and/or
inclusion of mitigation measures detailed in the Mitigation
Document in Exhibit B, as well as other applicable City, county,
state, and federal requirements and conditions, which together
constitute sufficient mitigation for the significant environmental,
impacts associated with the proposed project; and
'f) The proposed project complies with all applicable local, county,
state, and federal regulations, and where appropriate, the proposed
project complies with needed variances or modifications or other
special permits have been identified; and
g) The proposed project is not an essential public facility.
Ordinance No. 07-~
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E. Effect of Planned Action
I. Upon designation by the SEP A Official that the development proposal
within the Planned Action Area qualifies as a Planned Action pursuant to
this Ordinance and WAC 197-11-172, the project shall not be subject to a
SEP A threshold determination, an environmental impact statement (EIS),
SEP A appeal or any other additional review under SEP A.
2. Being designated as a Planned Action or Planned Action Project means
that a proposed project has been reviewed in accordance with this
Ordinance and found to be consistent with the development parameters
and environmental analysis included in the EIS.
3. ,Planned Action projects will not be subject to further procedural review
under SEP A. However, as stated under 3.D.2(f) above, in order to qualify
as planned actions, these projects will have incorporated mitigating
measures identified in the City Center Planned Action EIS, as outlined in
this document and the attached Exhibit B, which are designed to mitigate
environmental impacts resulting from the project proposal. Additionally,
projects will be subject to applicable City, state and federal regulatory
requirements. The Planned Action designation shall not exempt a project
from meeting the City's code and ordinance requirements apart from the
SEPA process.
F. Planned Action Permit Process. The Director of Community Development
Services or designee shall review projects and determine whether they meet the
criteria as Planned Actions under applicable state, federal, and local laws,
regulations, codes and ordinances. The review procedure shall consist, at a
minimum, of the following:
1. Development applications will meet the requirements of Federal Way City
Code Chapters 5, 13, 15, 16, 18, 19 and 22. Applications shall be made on
forms provided by the City and shall include a Planned Action Checklist
or such other project review forms provided by the Community
Development, Building, and Public Works departments. The checklist
may be incorporated into the form of an application.
2. The Director of Community Development Services will determine
whether the application is complete as provided in Federal Way City Code
Chapter 22-33.
3. After the City receives and reviews a complete application, the SEP A
Official shall determine, utilizing the criteria and procedures contained in
Section J.D and WAC 197-11-172, whether the project qualifies as a
Planned Action. If the project does qualify as a Planned Action, the
Director of Community Development Services shall notify the applicant,
Ordinance No. 07-55d-
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and the project shall proceed in accordance with the appropriate permit
procedures, except that no additional SEP A review, threshold
determination or EIS will be required.
_ 4. For projects that qualify as Planned Actions, public notice shall be
provided as specified in FWCC 18.76 (c).
5. If a project is determined not to be a Planned Action, the Director of
Community Development Services shall notify the applicant and prescribe
a SEP A review procedure consistent with the City SEP A procedures and
state laws. The notice to the applicant shall describe the elements of the
application that result in disqualification as a Planned Action.
6. Projects disqualified as a Planned Action may use or incorporate relevant
elements of the environmental review analysis in the EIS prepared for the
Planned Action, as well as other environmental review documents to assist
in meeting SEP A requirements. The SEP A Official may choose to limit
the scope of the SEP A review to those issues and environmental impacts
not previously addressed in the EIS.
@Seetio8 4 Planned Action Area Monitoring. The City Center Planned Action
Ordinance section shall be reviewed periodically by the Director of Community
Development Services to determine its continuing validity with respect to the
environmental conditions ofthe project area and vicinity and applicability of planned
action requirements, including a review prior to the end of 2009 to ensure continued
applicability of the transportation analysis and impacts. Based upon this review, this
Ordinance section may be amended as needed, and another review period may be
specified.
{tlSeetio8 5 Conflict. In the event of a conflict between this the Ordinance section or
any mitigation measures imposed pursuant thereto and any ordinance or regulation of the
City, the provisions of this Ordinance section shall control.
SECTION 3. Severability. Should any section, sentence, clause or phrase of this
ordinance or the amendments to the Federal Way Municipal Code adopted ht?reby should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any
other section, sentence, clause or phrase of this ordinance.
Ordinance No, 07-55;)....
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SECTION 4. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
SECTION 4. Effective Date. This ordinance shall be in full force and effect five
(5) days from and after its passage and publication as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the
City Council on the 3'rd day of ~/ ' 2007.
ApPROVED:
~~
.~ Mayor, Mike P
ATTEST:
ApPROVED AS TO FORM:
~ ~~.~~
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK: 3/13/07
I .
PASSED BYTHECITY COUNCIL: 1/:/07
PUBLISHED: 1/7 ~ 7
EFFECTIVE DATE: 1(;;;07
ORDfNANCE No: 07 -55d-.-
Ordinance No. 07- 55a....
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