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Council PKT 07-03-2007 Regular ,~ Federal Way City Council Regular Meeting AGENDA COUNCILMEMBERS MIKE PARK, MAYOR Jeanne Burbidge Jack Dovey Eric Faison Jim Ferrell Linda Kochmar Dean McColgan CITY MANAGER NEAL BEETS, CITY MANAGER OFFICE OF THE CITY CLERK LAURAK.HATHAWAY,CMC . Archive AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall July 3, 2007 - 7 :00 PM (www.cityoffederalway.com) ***** 1. MEETING CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. City Manager - Introduction of New Employees b. City Manager -'Emerging Issues: . Fireworks Policy Update - Police Chief Brian Wilson 4. CITIZEN COMMENT PLEASE COMPLETE THE P1NK SUP & PRESENT TO THE C1TY CLERK PUOR TO SPEAK1NG. Citizens may address City Council at this time. When recognized by the Mayor, please come fOlWard to the podium and state your name for the record. PLEASE L1M1T YOUR REMARKS TO THREE M1NUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are othelWise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: Approval of the June 19,2007 Regular Meeting Minutes b. Enactment Ordinance - Council Bill #438 - Comprehensive Plan Amendments - (full texts of the proposed Ordinance/Exhibits were presented to the Council at the June 19, 2007City Council Meeting and is available in the City Clerk's Office for review. Council moved to second reading/enactment as presented). c. Enactment Ordinance - Council Bill #439 - Zoning Text Amendments for the BPICE and BC Zones - (full texts of the proposed Ordinance/Exhibits were presented to the Council at the June 19, 2007City Council Meeting and is available in the City Clerk's Office for review. Council moved to second reading/enactment as presented). 6. COUNCIL REPORTS 7. CITY MANAGER REPORT 8. ADJOURNMENT .. THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA .. COUNCIL MEETING DATE: July 3, 2007 ' ITEM #: 5-a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should Council approve the draft minutes of the June 19,2007 regular meeting? COMMITTEE: Not Applicable MEETING DATE: Not Applicable CATEGORY: ~ Consent o City Council Business ~~AFF REpORT By: Not Applicable Attachments: Draft meeting minutes of the June 19,2007 regular meeting. Options Considered: o Ordinance o Resolution o o Public Hearing Other DEPT:NotApplicabk 1. Approve the minutes as presented. 2. Amend the minutes as necessary. ST AFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY MANAGER ApPROVAL: N/A Committee DIRECTOR ApPROVAL: N/A N/A Committee Council COMMITTEE RECOMMENDATION: Not Applicable PROPOSED COUNCIL MOTION: "I move approval of the meeting minutes of the June 19, 2007 regular meeting. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BD-L # 1ST reading Enactment reading ORDINANCE # RESOLUTION # 1 FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall June 19, 2007 - 7:00 PM MINUTES 1, MEETING CALL TO ORDER Mayor Park called the meeting to order at 7:04 PM. Councilmembers Burbidge, Dovey, Faison, Kochmar, McColgan and Deputy Mayor Ferrell present. 2. PLEDGE OF ALLEGIANCE Councilmember Kochmar led the flag salute. 3. PRESENTATIONS a. Certificate of Appreciation - Patrick Briggs Mayor Park presented a Certificate of Appreciation to Patrick Briggs, Executive Assistant, for his seventeen years of service to the City of Federal Way. Mr. Briggs thanked the Council and staff. Councilmembers individually thankedMr. Briggs for his professionalism, warmth and support over the years. b. Swearing-in Ceremony for New Officers Police Chief Brian Wilson introduced Officer Sandra Templeton who has been promoted to Lieutenant. City Clerk Laura Hathaway then swore in new officers JeffVanderbear and Richard Adams. C. Presentation - Diversity Commission Certificates of Appointment Councilmember Burbidge announced the appointment of Grace Rawthsthome and John Hwang to the Diversity Commission. Both will serve full terms to May 31,2010. d. Presentation - Human Services Commission Certificate of Appointment Councilmember Burbidge announced the appointment of Christopher Anderson to the Human Service Commission. Mr. Anderson will fill an unexpired term to January 31,2009. e. Presentation - Independent Salary Commission Certificates of Appointment Mayor Park presented a Certificate of Appointment to Donald Dennis to the Independent Salary Commission and announced the reappointment of Gloria Elliot. Both will serve full terms to February 28,2011. f. Proclamation - Relay for Life Cancer Walk Councilmember Kochmar presented a Proclamation proclaiming July 14 and 15,2007 as Federal Way Relay for Life Cancer Walk Days to Dick Mayer, Event Chair. Mr. Mayer invited all citizens to participate in the two-day event at Federal Way Stadium to raise money for a cure for cancer. ~ g. City Manager - Emerging Issues: . "Transit Now" Update Senior Traffic Engineer Rick Perez updated the Council on the project which was approved by voters in November 2006. Mr. Perez stated the project features four elements: Core Routes, Rapid Ride, Service Expansion, and Partnership Programs. Mr. Perez reviewed each element and their impacts to the City of Federal Way. He asked Council for direction in pursuing anyofthe Partnership Program proposals and stated the City must respond with a letter of interest by July 3, 2007. Proposals are due October 1,2007. COUNCIL DIRECTION: Council directed staff to' review the materials at the July 2, 2007 Land Useffransportation Committee and allow the committee to determine if the City should send a letter of interest. Staff need not return to the full Council. . Public Works Project Updates Marwan Salloum, Street Systems Manager, announced a paving project in the vicinity ofSR 161 and Highway 18 for two consecutive Fridays: June 22, 2007 and June 29, 2007. Parts of that intersection win be closed on each Friday from 10 PM to Saturday at lOAM. . A WC Award of Excellence for Domestic Violence Legislation Police Chief Brian Wilson briefed the citizens on an Award of Excellence received by the City at the Association of Washington Cities Conference in June for its recent domestic violence legislation adopted by the City. He congratulated staff members Cathy Williams and Michelle Landon for their efforts in the legislation. h. Introduction of New Employees City Manager Neal Beets stated 11 of the 18 officers authorized by Proposition 1 have been hired. They will be sworn in at upcoming meetings. 4. CITIZEN COMMENT H. David Kaplan - stated that after further review, he does not believe that partnering with the School District on the maintenance building is a good idea, He endorses a maintenance building at Celebration Park but would like to see the design and landscaping plans first. He also thanked Patrick Briggs for his service over the years. Carroll Clemens - spoke in support of the Performing Arts Center Feasibility Study. Barbara Napier - spoke in support of the proposed Comprehensive Plan Amendments. Marie Sciacqua - spoke in support of a maintenance building at Celebration Park and read a letter from the Historical Society's president. Joanne Piquette - spoke in support of the Performing Arts Center Feasibility Study. Robert Pearson - spoke in reference to a garbage disposal problem in his neighborhood and asked what could be done about it. Assistant City Manager Cary Roe will follow up on the matter as it is a Code Enforcement issue. Jim Prval - brought forth a compliant against the Public Safety Department claiming lack of response regarding a traffic accident. Chief Wilson will respond, 3 Barbara Reid - supports a partnership with the School District regarding a maintenance building. She would also like to see a graphic design/landscaping plan before any decision is made. 5. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: Approval of the June 5th Special and Regular Meeting Minutes - Approved b. Enactment Ordinance - Creation of a Revenue Development Area and Use of a Local Infrastructure Financing Tool -Approved - Ordinance 07-555 c. Enactment Ordinance - Council Bill #437 - Amendments to the Conditions of Zoning Approval for the Village at Federal Way - Approved Ordinance 07-556 d. Bid Award - S. 308th Street Stormwater Facility Modifications Project - Approved e. Supplemental Funding for Joe's Creek Salmon Habitat Restoration Project - Approved f. Amendment to Interlocal Agreement with King County for Conservation Futures Levy Funding -Approved g. Interlocal Cooperative Agreement with Valley Special Response Team - Approved h. Interlocal Cooperative Agreement to form the Regional Automated Information Network- Approved 1. Sixth Amendment to the Commons at Federal Way for Police Services - Approved J. Bid Approval for Police Department Lockers - Approved k. Performing Arts Center Feasibility Study and Business Plan - Approved MOTION: Deputy Mayor Ferrell moved approval of the Consent Agenda as presented. Councilmember Kochmar second. The motion carried 7-0. 6. INTRODUCTION ORDINANCES a. Council Bill #438 -Comprehensive Plan Amendments AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S COMPREHENSIVE PLAN, APPROVING THE TEXT AND MAP AMENDMENTS TO CHAPTER ONE - INTRODUCTION, CHAPTER TWO - LAND USE, CHAPTER FOUR - ECONOMIC DEVELOPMENT, CHAPTER SIX - CAPITAL FACILITIES, AND CHAPTER SEVEN - CITY CENTER; APPROVING MAP CHANGES TO CHAPTER THREE - TRANSPORTATION, CHAPTER EIGHT - POTENTIAL ANNEXATION AREA, CHAPTER NINE- NATURAL ENVIRONMENT,- AND CHAPTER 10 - PRIVATE UTILITIES; APPROVING A CITY- INITIATED AMENDMENT TO THE COMPREHENSIVE PLAN MAP AND ZONING MAP RELATED TO CHANGING THE BOUNDARIES OF THE BUSINESS PARK (BP)/COMMERCIAL ENTERPRISE (CE) AND COMMUNITY BUSINESS (Be) ZONING DISTRICTS; APPROVING A CITY-INITIATED . AMENDMENT TO CHANGE THE COMPREHENSIVE PLAN AND ZONING DESIGNATION OF MITCHELL PLACE; AND APPROVING CITIZEN-INITIATED REQUESTS FOR CHANGES IN COMPREHENSIVE PLAN DESIGNATIONS AND ZONING FOR SEVEN SITES (AMENDING ORDINANCE NO'S. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405, 03-442, 04-460, 04-461, 04-462, 05- 490,05-491,05-492). MOTION: Councilmember Dovey moved to fOlWard to a second reading/enactment on July 3,2007. Councilmember McColgan second. The motion carried 7-0. 4 b. Council Bill #439 - Zoning Text Amendments for the BPICE and BC Zones AN ORDINANCE OF THE CITY COUNCILOF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ZONING; FOR PURPOSES OF IMPLEMENTING THE 2006 COMPREHENSIVE PLAN GOALS AND POLICIES RELATIVE TO THE COMMERCIAL ENTERPRISE (CE) ZONE; COMMUNITY BUSINESS (Be) ZONE; AND OTHER AMENDMENTS; INCLUDING REPEALING THE TITLE AND DEVELOPMENT REGULATIONS FOR ARTICLE XI, DIVISION 10, "BUSINESS PARK (BP)", AND REPLACING IT WITH "COMMERCIAL ENTERPRISE (CE)" AND RELATED DEVELOPMENT REGULATIONS INCLUDING PERMITTED USES, REVIEW PROCESSES, HEIGHT, SETBACKS, LOT SIZE, AND OTHER BUILDING . AND SITE DESIGN STANDARDS; INCREASING HEIGHT FOR HOTEL/MOTEL USES IN CE, BC, AND CITY CENTER FRAME (CC-F); AMENDING ALLOWED USES AND DEVELOPMENT STANDARDS IN BC, INCLUDING INCREASED HEIGHT AND DENSITY, AND REDUCED OPEN SPACE STANDARDS, FOR MIXED-USE RESIDENTIAL; AMENDING THE PROCESS AND DECISION CRTIERIA FOR ADMINISTRATIVE HEIGHT MODIFICATIONS; AMENDING REQURIED PARKING FOR MEDlCAL/DENT AL OFFICES IN ALL ZONES ALLOWING SUCH USES; AND OTHER RELATED AND MISCELLANEOUS AMENDMENTS. MOTION: Councilmember McColgan moved to forward to second reading/enactment on July 3, 2007. Councilmember Kochmar second. Councilmember Dovey recused himself from the vote. The motion passed 6-0 with one recused. 7. COUNCIL REPORTS Councilmember Faison reported the next Finance, Economic Development, Regional Affairs Committee Meeting is scheduled for July 3,2007 at 5:00 PM. Councilmember Dovey reported the next Land Useffransportation Committee Meeting is scheduled for July 2; 2007. Councilmember Burbidge reported the next Parks, Recreation, Human Services/Public Safety Committee is scheduled for July 10, 2007 at 6:00 PM. She also congratulated all graduates of the Advancing Leadership Program and updated the CounciVpublic on upcoming community events. Councilmember Kochmar thanked Dick Mayer for his efforts with the Relay for Life and for his participation in Lakehaven Utility District's Water Conservation Poster Contest. She also announced that the new movie theater at the Commons is scheduled to open July 3,2007. 8. CITY MANAGER REPORT City Manager Neal Beets announced the Annexation Outreach Meeting Schedule for the potential annexation area; reminded the public that fireworks are illegal in the City of Federal Way and if they would like to see a fireworks display, to attend the Red, White and Blues Festival on July 4th at Celebration Park. Mr. Beets stated extra patrols will be out on the holiday enforcing the fireworks ban. Mr. Beets announced the Council will adjourn to executive session expected to last approximately 20 minutes with no action. Council adjourned to Executive Session at 8:56 PM. 5 9. EXECUTIVE SESSION a. Potential Litigation pursuant to RCW 42.30.110(1)(i) b. Property Acquisition pursuant to RCW 42.30.110(1)(b) Councilmember Dovey recused himself from Executive Session item b at 9: 14 PM. Council reconvened from Executive Session at 9: 17 PM. 10. ADJOURNMENT Mayor Park adjourned the regular meeting at 9: 18 PM. 6 ATTEST: Laura K. Hathaway, City Clerk , J ( 3/ a" COUNCIL MEETING DATE~19,'2007 ITEM #: 5b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2006 Comprehensive Plan Amendments POLlCY QUESTlON: Should the City approve the text and map amendments to Chapter One - Introduction, Chapter Two -- Land Use. Chapter Four - Economic Development, Chapter Six - Capital Facilities. and Chapter Seven -- City Center; map changes to Chapter Three - Transportation, Chapter Eight - Potential Annexation Area, Chapter Nine - Natural Environment, and Chapter 10- Private Utilities; city-initiated amendments to the comprehensive plan map and zoning map related to changing the boundaries of the Business Park (SP)/Commercial Enterprise (CE) and Community Business (BC) comprehensive plan and zoning designations; city-initiated amendment to change the comprehensive plan and zoning designation of Mitchell Place; and citizen-initiated requests for changes to comprehensive plan designations and zoning for seven sites? COMMITTEE: LUTC MEETlNG DATE: May 21, 2007 an.d . JUi1& ifl .2.()07 CATEGORY: o Consent o City Council Business [8J Ordinance o Resolution o Public Hearing o Other DEPT: Community Development ~.!~~~ ~_~9R'!'_~_~:..~~l!i_~~_~!~~~E..M~!.1f~E<::.~.!:!.:._~lCl~!s__~I~.~__... -- --------- .--- - -~-- -- ~ --- ---!. ~- - --------- - ---- Federal Way adopted its comprehensive plan in November 1995 and amended the plan in December 1998, September 2000, November 200 I, March 2003, July 2004, and June 2005. Pursuant to RCW 36.70A.130, the Growth Management Act (GMA) limits plan updates to no more than once per year, except under certain circumstances. The Planning Commission conducted public hearings on March 14, 2007, March 21,2007, and April 18, 2007, at the close of which they recommended to the council approval of the following amendments: I) Amendments to the text and maps of the comprehensive plan (Exhibit A of the draft Adoption Ordinance); 2) Amendments to the comprehensive plan m~p and zoning map boundaries of the BP/CE and BC zoning districts (Exhibit B of the draft Adoption Ordinance); 3) Approval of the city-initiated change to the comprehensive plan and zoning designation for Mitchell Place (Exhibit C of the draft Adoption Ordinance); 4} Approval of six (Request #1 - Quadrant, Request #2 - Trimble, Request #3 - Gramor, Request #4 -Washington Memorial Park, Request #5 - Taylor, and Request #7 - Waller Road IV Associates) (Exhibit D of the draft Adoption Ordinance)l of the seven citizen-initiated requests for changes to the comprehensive plan and zoning designations. The Lifeway Church (Request #6) request moves forward with no recommendation because a majority vote of the entire membership (four ofseveri members) is necessary for a recommendation of Planning Commission Approval and only three of the four present members voted to recommend approval. The recommended changes to the text and maps Qf the comprehensive plan (Exhibit A of the draft Adoption Ordinance) are shown as strikethrough (deletions) and underline (new) text. __._._..__..._..__._~_.._.__._._...._.._........._..'M'"._..._...._..........._ ._..............__......_.._____....................._..._....._.._._. .....~ ....... .......___...___m.__....._....__._..__..._..__..__.........__.__------. ..--.-....---.-.........--...--....---.-. .........._.._......~...........__......__....-_...._--_.__.- I All seven citizen-initiated requests are included as Exhibit D to the draft Adoption Ordinance. This Exhibit will be modified after the City Council's final action. 7 I / I ; ; Attachments: 1) Draft Adoption Ordinance with Exhibits A, B, C, and D; 2) Minutes of March 14, 2007, March 21, 2007, and April 18, 2007, Planning Commission Public Hearings (Please note that due to their bulk, the staff reports for these public hearings are not included in the 'City Council packet, but are available in the City Council Conference Room). Options Considered: t) Adopt the Planning Commission recommended amendments as shown in Exhibits A, B, C, and D to the Draft Adoption Ordinance; 2) Adopt the Planning Commission recommended amendments as further amended by the LUTC; 3) Do not adopt the amendments. --_......_...._...__.._~._.__..__._._-_._.__._-----_._._-._.__.._._._...._._..._-~_..._._-.-.....__._.-...._._._....-....--.....-..--...-.-----------.-.-----,..-.--.---.-....,- ..-........--..........- ......-.-.--...--.....--..--..----....____._______..____.......H"'___." ST AFF RECOMMENDATION: Staff recommends Council approve option # ~; adopt the Planning Commission recommended amendments as shown in Exhibits A, B, C, and D to the Draft Adoption Ordinance. CITY MANAGER ApPROVAL: \W~ to Co ncil DIRECTOR 'APPROVAL: ~ ~ to Committee To Council COMMITTEE RECOMMENDATION: Forward the r No a(~fiOYl. -hLk ..' td- 5/21/01 me." , (, / ean McColgan, L- PROPOSED OUNCIL MOTION: HI move approval of the LUTC's recommendation to approve the 2006 Comprehensive Plan Amendments, which are at/ached as Exhibits A. B, C, and ~~ the Adoftion Ordinance. " . .. (#7-1 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # -il~ . Ir/07 f o T ABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 K:\Margaret\2006 Comprehensive Plan AmendmenlS\LUTC\Agenda BilLdoc 8 ORDINANCE NO. 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 THE TEXT AND MAP AMENDMENTS TO CHAPTER ONE - INTRODUCTION, CHAPTER TWO - LAND USE, CHAPTER FOUR - ECONOMIC DEVELOPMENT, CHAPTER SIX - CAPITAL FACILITIES, AND CHAPTER SEVEN - CITY CENTER; APPROVING MAP CHANGES TO CHAPTER THREE - TRANSPORTATION, CHAPTER EIGHT - POTENTIAL ANNEXATION AREA, CHAPTER NINE- NATURAL ENVIRONMENT, AND CHAPTER 10 - PRIVATE UTILITIES; APPROVING A CITY-INITIATED AMENDMENT TO THE COMPREHENSIVE PLAN MAP AND ZONING MAP RELATED TO CHANGING THE BOUNDARIES OF THE BUSINESS PARK (BP)/COMMERCIAL ENTERPRISE (CE) AND COMMUNITY BUSINESS (BC) ZONING DISTRICTS; APPROVING A CITY- INITIATED AMENDMENT TO CHANGE THE COMPREHENSIVE PLAN AND ZONING DESIGNATION OF MITCHELL PLACE; AND APPROVING CITIZEN- INITIATED REQUESTS FOR CHANGES IN COMPREHENSIVE PLAN DESIGNATIONS AND ZONING FOR SEVEN SITES (AMENDING ORDINANCE NO'S. 90-43, 95-248, 96-270, 98-330, 00-372, 01-405, 03-442, 04-460, 04-461, 04-462, 05-490,05-491, 05-492). 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, economic development 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, July 20,2004, and June 16, 2005; 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 ORD# ,PAGE 1 9 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 amendments to the text and maps of the comprehensive plan; city-initiated amendments to the comprehensive plan map and zoning map boundaries of the Business Park (BP)I Commercial Enterprise (CE) and Community Business (Bq zoning districts; a city-initiated change to the comprehensive plan and zoning designation of Mitchell Place; and seven citizen-initiated requests (Request #1 - Quadrant, Request #2 - Trimble, Request #3 - Gramor, Request #4 - Washington Memorial Park, Request #5 - Taylor, Request #6 - Lifeway Church, and Request #7 - Waller Road N Associates) for changes to the comprehensive plan and zoning designations; and WHEREAS, in February 2007, the City's SEPA Responsible Official issued a Determination of Nonsignificance on the 2006 comprehensive plan amendments; 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 public hearings on March 14,2007, March 21, 2007, and April 18, 2007, at the close of which they recommended to the council approval of the following amendments: 1) Amendments to the text and maps of the comprehensive plan; 2) The city- initiated amendments to the comprehensive plan map and zoning map boundaries of the 't3P/CE and BC zoning districts; 3) The city-initiated amendments to the comprehensive plan and zoning designation for Mitchell Place; 4) Six of seven citizen-initiated requests (Request # 1 - Quadrant, Request #2 - Trimble, Request #3 - Gramor, Request #4 - Washington Memorial Park, Request #5 - Taylor, and Request #7 - Waller Road IV Associates) for amendments to the comprehensive plan and zoning designations; 2. The Land Use/Transportation Committee of the Federal Way City Council considered the comprehensive plan amendments on May 21, 2007, and June 4, 2007 following which it recommended approval of the Planning Commission's recommendations with an amendment to include the Lifeway Church request; and 3. The full City Council considered the matter at its meetings on June 19,2007, and July 3,2007; ORD# , PAGE 2 10 and WHEREAS, the City Council desires to approve the: 1) Amendments to the text and maps of the comprehensive plan; 2) City-initiated amendments to the comprehensive plan map and zoning map boundaries of the BPICE and BC zoning districts; 3) City-initiated amendment to the comprehensive plan and zoning designation of Mitchell Place; 4) Seven citizen-initiated requests (Request #1 - Quadrant, Request #2 - Trimble, Request #3 - Gramor, Request #4 - Washington Memorial Park, Request #5 - Taylor, Request #6- Lifeway Church, and Request #7 - Waller Road IV Associates) for changes to the comprehensive plan and zoning designations. Now, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as follows: Section 1. Findings. A. The proposed amendments to the comprehensive plan map and comprehensive plan text, as set forth in Exhibits A, B, C, and D, attached hereto, are consistent with the Council vision for the City of Federal Way, will allow development which is compatible with the surrounding neighborhoods, 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 sites, and 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. B. The proposed amendments to the comprehensive plan map and comprehensive plan text, as set forth in Exhibits A, B, C, and D, attached hereto, are compatible with adjacent land uses and will not negatively affect open space, streams, lakes, or wetlands, or the physical environment in general. The amendments 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 amendments, therefore, bear a substantial ORD# , PAGE 3 11 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. C. The proposed amendments to the Zoning Map, set forth in Exhibits B, C, and 0, 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 3 below, bear a substantial relation to public health, safety, and welfare, and are in the best interest of the residents of the City. Section 3. Comprehensive Plan Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998,2000,2001,2003,2004, and 2005, copies of which are on file with the Office ofthe City Clerk, hereby are and shall be amended as set forth in Exhibits A, B, C, and 0, attached hereto. Section 4. Amendment Authority. 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 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 1998,2000,2001,2003,2004, and 2005 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. ORD# , PAGE 4 12 PASSED by the City Council of the City of Federal Way this ,2007. CITY OF FEDERAL WAY Mayor, Michael Park A TrEST: . City Clerk, Laura Hathaway ApPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERIC PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: K:\Margaret\2006 Comprehensive Plan Amendments\City Council\061907 Meeting\Adoption Ordinance.docl6/8/2007 ORD# , PAGE 5 13 day . of ~7 13 '7 COUNCIL MEETING DATE: June I~ D ITEM ff. C- -.-------..-----.-.-..--..------.~.--.---.----.--.-..--..- .-.--..------.-.---..---------.-..-.-----.-.--.-.-----.----.-.-.-.-..--.-.~5 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: (File No. 06-105688-00-UP) Proposed amendments to the text of Federal Way City Code (FWCC) Chapter 22, "Zoning," including Article VI, Division 7, "Community Business (BC)"; Division 10, "Business Park (BP)/"Commercial Enterprise"(CE); and other related codes. Key changes include allowing a broad mix of retail, office and commercial uses in the new CE zone, in addition to industrial and other uses previously allowed in the BP zone; while, pursuant to LUTC direction, allowing mixed-use residential/commercial as a transitional buffer adjacent to the existing single family-zoned residential neighborhood located south of South 356th Street; emphasizing mixed-use residential and related compatible uses in BC by increasing height and density requirements; redirecting intense uses such as bulk retail, truck stops, and adult entertainment, from BC to CE; restricting industrial uses on property that adjoins a low or medium density residential zone; increasing height for motelslhotels in BC, CE, and correspondingly, in CC-F; amending parking for medicalldental offices; and other amendments. POLICY QUESTION: Should the City approve text amendments to Chapter 22, "Zoning", regarding the Commercial Enterprise (CE)/previous Business Park (BP) and Community Business (Be) zoning districts, and other related codes, in order to implement and support the relate.d comprehensive plan goals and policies as s.etforth in the 2006 comprehensive plan amendments (File No. 05-103609-00-UP) and the attached Draft Adoption Ordinance? COMMITTEE: Land UsefTransportation Committee (LUTC) CATEGORY: D Consent D City Council Business MEETING DATE: May 21, 2007 ~ Ordinance D Resolution D D Public Hearing Other .~TAFF REPOR~JJY: ~~niorfl~~~L~9..!L~ic~~elson, ~~CP _____________..__~E~_~: C~~~_~ni!?' D~~elop~~~__ The principal purpose of the proposed zoning amendments (and related comprehensive plan amendments) is to address City Council direction to make the Business Park (BP) zone more responsive to market conditions favoring retail and other commercial development. The proposed amendments are consistent with the approach reviewed and preferred by the LUTC at their November 20, 2006 meeting. The Planning Commission conducted public hearings on the proposal on March 14,2007, March 21,2007, and April 17, 2007. Following the hearing, the commissioners supported all aspects of the proposal, except not allowing any residential use in the CE zone, and three of the four commissioners present voted to recommend adoption. However, the motion failed by one vote, because the code requires a unanimous vote of the entire membership, or four votes, to pass an adoption recommendation. The commissioners also discussed, but did not concur on a modification to allow mixed-use residential in portions of the CE zone. Therefore, the proposal as recommended by staff was forwarded to LUTC without the planning commission's formal recommendation. See the staff memorandum and other attachments for additional information. .--.----.------------------.-----..--------.----.----------..-------.---.-.-..-.----.--..--,---...--..-----.---- Attachments: May 21,2007 Staff Memorandum to LUTC; Adoption Ordinance; Proposed text Amendments; Planning Commission Staff Report; Letters Submitted; Minutes of the Planning Commission hearings; and Draft Minutes of the May 21, 2007 LUTC meeting. 00c.1.0. 15 Options Considered: I) Adopt the proposal as recommended by staff and attached as Exhibit A to the Adoption Ordinance; 2) Adopt the proposal with modifications by the LUTe; and 3) Do not adopt the amendments. STAFF RECOMMENDA nON: Staff recommends Option # I: ,Adopt the proposal as recommended by staff and attached as Exhibit A to the Adoption Ordinance. O-me1i.JJ.-ld- .-/-r; Ivlf!i<<..dv mix-ed-Use. M.SiclefliaJ.. r u flef'ltU1 . .,(Jr/.;:hN1C"A f crn{U,turV ttpprv',,'/J-{ of ft,K:/ Cb11t...prt.J1ulS/V'L-- rlallv. CITY MANAGER ApPROVAL: 'J.\. DIRECTOR ApPROVAL: ~ ~ . to Committee To Council COMMITTEE RECOMMENDATION: Forward the Ordinance to full Council on as a . 4[...-ttbl/Y'C/, (~-'\ for approval. Dean McColgan, Member PROP ED LUTC MonON: HI move to recommend approval of the staff recommendation to approve the zoning code text amendments, which are attached as Exhibit A to the Adoption Ordinance. .. "*,,, COUNCIL ACTION: o APPROVED o DENIED (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ~01 ~ As a procedural matter, based on Councilmember Dovey recusing himself from voting on amendments related to the Community Business (BC) zoning district, the following two motions should be made and voted on separately: 1) "MOVE TO RECOMMEND APPROVAL OF THE PROPOSED ZONING CODE TEXT AMENDMENTS, ATIACHED AS EXHIBIT A TO THE ADOPTION ORDINANCE, EXCLUDING THE BC-RELATED AMENDMENTS. " (Vote by all Council Members) and 2) "MOVE TO RECOMMEND APPROVAL OF THE BC-RELA TED CODE AMENDMENTS AS SET FORTH IN EXHIBIT A TO THE ADOPTION ORDINANCE." (Vote by all Council Members except Council Member Dovey) 16 CITY OF FEDERAL WAY ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING TEXT AMENDMENTS TO THE FEDERAL WAY CITY CODE, CHAPTER 22, "ZONING," FOR PURPOSES OF IMPLEMENTING THE 2006 COMPREHENSIVE PLAN GOALS AND POLICIES RELATIVE TO THE COMMERCIAL ENTERPRISE (CE) ZONE; COMMUNITY BUSINESS (BC) ZONE; AND OTHER AMENDMENTS; INCLUDING REPEALING THE TITLE AND DEVELOPMENT REGULATIONS FOR ARTICLE XI, DIVISION 10, "BUSINESS PARK (BP)", AND REPLACING IT WITH "COMMERCIAL ENTERPRISE (CE)" AND RELATED DEVELOPMENT REGULATIONS, INCLUDING PERMITTED USES, REVIEW PROCESSES, HEIGHT, SETBACKS, LOT SIZE, AND OTHER BUILDING AND SITE DESIGN STANDARDS; INCREASING HEIGHT FOR HOTEL/MOTEL USES IN CE, BC AND CITY CENTER-FRAME (CC-F); AMENDING ALLOWED USES AND CERTAIN DEVELOPMENT STANDARDS IN BC, INCLUDING INCREASED HEIGHT AND DENSITY, AND REDUCED OPEN SPACE STANDARDS, FOR MIXED-USE RESIDENTIAL; AMENDING THE PROCESS AND DECISION CRITERIA FOR ADMINISTRATIVE HEIGHT MODIFICATIONS; AMENDING REQUIRED PARKING FOR MEDICAL/DENTAL OFFICES IN ALL ZONES ALLOWING SUCH USES; AND OTHER RELATED AND MISCELLANEOUS AMENDMENTS; AFFECTING ARTICLE 1, SEe. 22-1, "DEFINITIONS"; ARTICLE IV, "NONCONFORMANCES"; ARTICLE XI, DIV. 7 "COMMUNITY BUSINESS"; DIV. 8, "CITY CENTER-CORE AND CITY CENTER-FRAME"; ARTICLE X, "TEMPORARY USES"; ARTICLE XI, "DISTRICT REGULATIONS"; ARTICLE XIll, "SUPPLEMENTARY DISTRICT REGULATIONS"; ARTICLE XVI,. "IMPROVEMENTS"; ARTICLE XVII, "LANDSCAPING"; AND ARTICLE XIX, "COMMUNITY DESIGN GUIDELINES". WHEREAS, amendments to the Federal Way City Code (FWCC) text are authorized pursuant to FWCC Section 22-216 pursuant to Process VI review; and WHEREAS, the City of Federal Way City Council has considered the proposed text amendments to the FWCC, attached hereto as Exhibit A and incorporated by this reference, ("Proposal") affecting the use and development regulations and standards for the Business Park (BP)/Commercial Enterprise (CE), Community Business (BC), City Center-Core (CC-C) and City Center Frame (CC-F) zoning districts, and medical/dental office parking for all zoning districts where such uses are permitted, and other related zoning text amendments; City File No. 06-I05688-00-UP 17 WHEREAS, the Federal Way City Council, pursuant to FWCC Section 22-517, having determined the Proposal to be worthy of legislative consideration, referred the Proposal to the Federal Way Planning Commission for its review and recommendation; and WHEREAS, an environmental Determination of Non significance (DNS) was issued for the Proposal on February 20, 2007, and no comments or appeals were received and the DNS was finalized on March 19,2007; and WHEREAS, the Federal Way Planning Commission, having considered the Proposal at Public Hearings on March 14, 2007; March 21, 2007; and April 19, 2007; pursuant to FWCC Section 22-534, and all public notice having been given pursuant to FWCC Section 22-521; and WHEREAS, following the public hearing, the Planning Commission forwarded the Proposal to the City Council without recommendation by majority vote of the full membership as required by code; and WHEREAS, the City Council Federal Way Land Useffransportation Committee, on May 21,2007, considered the Proposal and moved to forward a recommendation of approval to the full City Council, with modifications to the text amendments (and related comprehensive plan amendments) in order to allow mjxed-use residentiallcommercial as a transitional use and buffer along the established single family-zoned residential neighborhood located south of South 356th Street, between Pacific Highway South and 16th Avenue South, in the CE zone; and WHEREAS, the City Council considered the Proposal at its June 19, 2007, and July 3rd, 2007 meetings; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the Proposal: A. The 2006 Federal Way Comprehensive Plan (FWCP) establishes the vision, goals, and policies for the "Commercial Enterprise" (CE) designation, replacing the former "Business Park" (BP) City File No. 06.105688-QO-UP 2 18 designation, and envisioning CE as an area intended to "...capture the demand for a diverse mix of industrial, office, and retail sales and services, arranged in well integrated, high quality developments. . ." with residential use envisioned only as mixed-use residentiallcommercial development where it appropriately serve as a transitional use and buffer along single-family zoned residential neighborhoods; B. The 2006 Federal Way Comprehensive Plan (FWCP) updates the vision, goals, and policies for the "Community Business (BC)" designation, in order to "allow a broad mix of uses, including general, specialty, and service retail; commercial; office, mixed use residential; compatible light manufacturing, and supportive uses"... in.. .low-rise to mid-rise, high quality development that includes a vibrant and compatible mix of well integrated and designed pedestrian-oriented and auto-oriented uses;" C. The Proposal will implement the 2006 Federal Way Comprehensive Plan (FWCP) in the City's zoning ordinance relative to the Commercial Enterprise (CE) and Community Business (BC) zoning districts, and related development regulations, by allowing or encouraging uses and development that foster or promote the applicable goals and policies, and by disallowing or discouraging those that do not; D. The Proposal will implement FWCP goals and policies for the CE zone by continuing to allow industrial uses at appropriate locations within the CE zone and other appropriate uses previously allowed in BP; while integrating a broad mix of retail sales, services, office, commercial, and other compatible uses, such as gas stations, car washes, and day care facilities; and certain intensive uses whose impacts are more compatible in CE (than in BC), including bulk retail, trucks stops, transfer stations, adult entertainment, and gambling uses; and by allowin~ residential use only as mixed-use residentiallcommercial on properties that adjoin the existing single family-zoned residential neighborhood south of South 356th Street, between Pacific Highway South and 16th A venue South, where it will serve as a transitional residential use co-located with commercial opportunities as envisioned for the CE zone; E. The Proposal will help implement FWCP goals and policies for the BC zone by generally maintaining the existing mIX of allowed uses, while further emphasizing mixed-use commerciallresidential development through increased height and density and reduced open space City File No. 06-I05688-00-UP 3 19 requirements for such uses; by allowing compatible, small-scale, retail-oriented manufacturing; and by ceasing to allow intensive uses such as truck stops, transfer stations, bulk retail, adult entertainment, and gambling, which are incompatible in areas characterized by residential and pedestrian scale uses; F. The Proposal will address concerns raised by the development community that a minor increase in allowed height for motels/hotels in the CE and BC zones is necessary in order to facilitate such development; while a related height increase for hotels in the City Center-Frame will retain a competitive height advantage to help ensure taller hotels in the City Center as contemplated by the FWCP; G. Establishing a different and higher parking ratio for medicalldental offices, than for general offices, will address on a city-wide basis, the consistent, higher parking demand for such uses, and will improve marketability by ensuring adequate customer parking; H. Proposed amendments related to site and building design standards, such as minimum lot size, setbacks, community design guidelines, landscaping, outdoor storage, and height modification decision criteria, will update and clarify zoning regulations and help ensure integration and compatibility between uses and the quality of the built environment; and 1. Proposed minor amendments, such as relaxing the height modification review process, clarifying or simplifying text where possible, correcting errors, codifying previous interpretations, anQ reformatting, will improve the efficiency of the zoning code and the development review process; Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed amendments are consistent with, and substantially implement, the following key goals and policies contained in the updated 2006 Federal Way Comprehensive Plan: LUG 1 Improve the appearance and function of the built environment. LUP4 Maximize efficiency of the development review process. LUP 11 Support the continuation of a strong residential community. LUP 13 Distribute park and recreational opportunities equitably throughout the City. Gty File No. 06-105688-00-UP 4 20 LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUP 15 Protect residential areas from impacts of adjacent non-residential uses. LUG4 Provide a wide range of housing types and densities commensurate with the community's needs and preferences. LUP25 Encourage the establishment of street patterns and amenities that encourage walking, bicycling, and transit use. LUP28 Provide for a mix of commercial and residential in commercial areas and in limited, appropriate locations in commercial enterprise areas. LUP29' Use Community Design Guidelines to promote common open space, public art, and plazas in commercial and office developments. LUP30 Ensure compatibility between non-residential developments and residential zones by regulating height, scale, setbacks, and buffers. LUP31 Use Community Design Guidelines to encourage quality design and pedestrian and vehicle circulation in office, commercial, and commercial enterprise developments. LUP 32 Use Community Design Guidelines to encourage commercial development to locate along street edge (where deemed appropriate) to provide pedestrian street access. Provide pedestrian access between developments and to transit stations. LUG5 Develop a quality commercial enterprise environment characterized by a viable, vibrant, and attractive mix of commercial, retail, office, industrial, and supportive services; including mixed-use residentiallcommercial as a transitional use at appropriate locations; and utilize locational and design criteria to ensure compatibility between uses. LUP30 Encourage compatibility between mixed-use developments and residential zones by regulating height, scale, setbacks, and buffers. LUP35 Allow a broad and range of commercial, retail, office, industrial, and supportive uses to meet the needs of workers and consumers, in well integrated, well functioning, high quality developments. LUP36 Require development to be compatible and well integrated into its surroundings and adjacent zones through site and building design and development standards that reduce or eliminate land use conflicts, nuisance impacts, or critical areas impacts; ensure project aesthetics; promote sharing of public facilities and services, and improve vehicular and pedestrian traffic flow and safety, including access control and off-street interconnectivity between adjoining properties where feasible. City File No. 06-105688-00-UP 5 21 LUP37 Allow general and specialty retail uses that serve the needs of people employed or residing in the local area, as well as "destination" retail and wholesale businesses that may serve a broader consumer base vis-a-vis the area's convenient access to Interstate 5 and Highway 18. LUP38 Allow mixed-use residential/commercial as a transitional use adjacent to the established single family-zoned residential neighborhood located south of South 356th Street between Pacific Highway South and 16th Avenue South. LUP39 Do not allow heavY industrial uses on properties that adjoin a low or medium density reside~tial zone. LUG6 Transform Community Business areas into vital, attractive areas with a mix of uses that appeals to pedestrians, motorists, and residents, and enhance the community's image. LUP40 Encourage transformation of the Pacific Highway (SR-99) Comm!Jnity Business corridors into quality retail/commercial mixed use areas, designed to integrate auto, pedestrian, and transit circulation, and to improve traffic flow and safety, including access control and off-street interconnectivity between adjoining . properties where feasible. Continue to utilize Community Design Guidelines to ensure quality site and building design and functional and aesthetic compatibility between uses. Integration of pedestrian amenities and open space into retail and office development should also be encouraged. LUP41 Encourage a range of pedestrian-oriented retail, while continuing to accommodate auto-oriented retail, and provide supportive uses to meet the needs of residents and employees in the area. EDG 1 The City will emphasize redevelopment that transforms the City from a suburban bedroom community to a full-service community with an urban core. EDG2 The City will encourage concentration of non-residential development into four prImary areas: -High-density mixed-use development in the City Center (3 12th and 320th, SR-99 to 1-5) -A mix of commercial, office, retail, and light industrial development in the area around 348th and SR-99 and around the I-5/SR 18 interchanges -High-quality office park development, including corporate headquarters, continued in and around West Campus -High-quality office development, including corporate headquarters in a park-like campus setting east ofI-5 . EDP 14 The City will continue to utilize design guidelines to enhance the urban environment to retain and attract businesses and residents. City File No. 06-105688-QO-UP 6 22 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare; The proposed FWCC text amendments will improve the market responsiveness of the Business Park/Commercial Enterprise zone; increase development opportunities for various uses including mixed-use commerciallresidential in Community Business; retail sales, services, offices and related uses in BP/CE; and hotels-motels in CE and BC; ensure integration and compatibility of uses through site and building design standards; protect residential uses and zones from incompatible uses; and implement the 2006 comprehensive plan amendments; which will have a direct relationship to public health, safety, and welfare. And 3. The proposed amendments are in the best interest of the residents of the city. The proposed FWCC text amendments will help revitalize the Business Park/Commercial Enterprise area of the City by expanding the mix of allowed uses allowed in CE, beyond . those previously allowed in BP, in order to implement the updated vision for this area of the City; by adding a range of retail, office and commercial uses, for which there is ongoing high demand, to the mix of industrial uses, for which there is ongoing low demand. It will also promote co-location of housing with commercial development at appropriate locations; expand support services in employment areas; increase pedestrian uses and amenities; and improve the quality and function of the built environment; which is in the best interest of the residents of the City. Section 3. Amendment. The City Council hereby amends FWCC Chapter 22 as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph,' subdivision, section, or portion of the 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 any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after 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 day of ,2007. Oly File No. 06.105688-QO-UP 7 23 APPROVED Mayor, Michael Park ATTEST: City Clerk, Laura Hathaway, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: City File No. 06-10S688.00-UP 8 24