ORD 07-556
ORDINANCE NO. 01. SS C,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, ADOPTING AMENDMENTS TO ORDINANCE 05-490
RELATING TO THE CONDITIONS OF ZONING APPROVAL FOR KITTS
CORNER (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, Ordinance No. 05-490 approved 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 said ordinance; and
WHEREAS, as a result of this action, approximately 19 acres east of a dividing line would be designated
Community Business (BC) and approximately 27 acres west of a dividing line would be designated Multi-
Family (RM 2400); the dividing line described as a line extending southwards from the South 3361h Street
right-of-way, said line which follows the eastern buffer of Wetland No.2 as shown in the Settlement
Agreement and Covenant recorded under Recording No. 9704211043 to a point approximately 351 feet north
ORD # ()7-55~ ,PAGE I
of the south property line of Parcel No. 202104-9004, at which point said line follows the middle of the 13th
Place South extended right-of-way to the south property line of Parcel No. 202104-9004; and
WHEREAS, in March 2007, the City of Federal Way received a request to amend the conditions of
zoning approval of the approximately 19 acres of that portion of site zoned Community Business; and
WHEREAS, in July 2001, the City's SEPA Responsible Official issued a Determination of
Nonsignificance on the 2001 comprehel"lsive plan amendments, which included Kitts Corner; and
WHEREAS, in March 2005, a SEP A Addendum was issued for Kitts Corner now known as the Village
at Federal Way; and
WHEREAS, the applicant has submitted an application for a Master Plan for the site; and
WHEREAS, any potential impacts associated with the amendments to the conditions of zoning approval
would be analyzed through the SEP A process for the Master Plan;
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. On May 2, 2007, the City's Planning Commission considered the request for a change in the
conditions of zoning approval for the 19 BC-zoned parcels located east of Wetland No.2;
2. On May 21, 2007, the Land Use/Transportation Committee of the Federal Way City Council
considered the request, based on conditions recommended by the Planning Commission,
following which it recommended adoption of the Planning Commission's recommendations with
one amendment to require the anchor facades to not exceed a width to depth ratio of 1.25: I;
3. On June 5, 2007, the full City Council considered the request for a change in the conditions of
zoning approval for the 19 BC-zoned parcels located east of Wetland No.2 at which time it
adopted the Planning Commission's recommendation as amended by the Land/Use Transportation
Committee.;
WHEREAS, the City Council desires to approve the request for a change in the conditions of zoning
approval for the 19 BC-zoned parcels located east of Wetland No.2, based on the amended conditions as
contained in Section 2 of this ordinance.
ORD # 07-55(,.. , PAGE 2
NOw, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as
follows:
Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way
finds that the proposed amendments to the conditions of zoning approval will protect and will not adversely
affect the public health, safety, or welfare.
Section 2. Conclusions. Pursuant to FWCC Section 22-526, 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 for adoption of the amendments to the conditions of zoning approval for the Village at
Federal Way:
A. The proposed amendments, as set forth in Section 3 below, would conform to the conditions of
zoning approval by providing development that is similar in design to that originally envisioned and are
consistent with the comprehensive plan because they will facilitate convenient residentially scaled shopping for
residential areas and housing in the City's commercial areas.
B. The proposed amendments to the conditions of zoning approval, as set forth in Section 3
below, will allow development of the site in response to market conditions and the Council's vision for
development of the site, while providing for transportation facilities to serve the site and improving circulation
in the vicinity, and therefore bears a substantial relationship to public health, safety, and welfare and are
consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the
Comprehensive Plan.
C. The proposed amendments to the conditions of zoning approval, as set forth in Section 3
below, are in the best interest of the residents of the City because they are consistent with, and substantially
implement, the following comprehensive plan goal and policy by allowing development of the site as a
commerciaV residential mixed-use development in a village setting:
LUG6 Transform Community Business areas into vital, attractive, mixed-use areas that
appeal to pedestrians and motorists and enhance the community's image.
ORD # {J/-S5(P ,PAGE 3
LUP39 Encourage transformation of Pacific Highway (SR-99) Community Business
corridor into a quality mixed-use retail area. Retail development along the corridor,
exclusive of the City Center, should be designed to integrate auto, pedestrian, and transit
circulation. Integration of public amenities and open space into retail and office
development should also be encouraged.
Section 3. Conditions of Approval. The request to change the 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), with approximately 19 acres
to be designated Community Business (BC) and approximately 27 acres to be designated Multi-Family (RM
2400), shall be approved based on the following conditions, as amended:
I. Prior to construction of any new buildings, a single Master Plan for the entire Multi-
Family (RM 2400) and Community Business (BC) zoned site shall be submitted to and approved by the City.
Application for critical area intrusions as applicable is also required in conj unction with master plan review. A
project action State Environmental Policy Act (SEP A) review shall also be conducted in conjunction with
master plan and critical area review. Subsequent to Master Plan approval, building design and minor
modifications to the site plan shall be reviewed via a Process II, Site Plan Review. For the purposes of the
Master Plan, the subject site is comprised of the follo\ving parcels: 202104-9069, 202104-9070, 202104-900 I,
202104-9090, 202104-9086, 202104-9080, 202104-9072, and 202104-9004.
2. The Master Plan shall be developed with a cohesive and integrated design that
promotes the following:
a. Pedestrian scale, and pedestrian orientation and massing of buildings.
b. Site-wide pedestrian connectivity.
c. Building massing shall be designed to avoid large expanses of parking areas adjacent
to and/or visible from the public right-of-ways. On-site parking shall not be allowed between buildings and
public right-of-ways, except the Director of Community Development Services may approve one double-
loaded parking row between a building and right-of-way due to extenuating circumstances.
d. The appearance of strip commercial development shall be minimized by breaking
large linear buildings into numerous smaller buildings.
e. The commercial portion of the site may include a maximum of two primary anchor
buildings. The indi'/idual anchor buildings are permitted a maximum 50,000 square feet of building footprint,
ORD# 07-5S~, PAGE 4
and the total gross floor area of all anchors shall not €)(ceed 100,000 square feet of gross floor area. These
anchors shall not exceed 140,000 square feetof gross floor area, excluding integrated structured parking. The
maximum footprint of anyone anchor shall not exceed 80,000 square feet. Anchor facades shall not exceed a
width to depth ratio of H4 1.25: 1.
f. Non anchor buildings should not exceed 10,000 square feet of building footprint.
Commercial mixed use buildings should not exceed 30,000 square feet of building footprint (excluding
integrated structured parking) and shall not exceed a width to depth ratio of 1.5: 1.
g. Commercial! residential mixed use buildings should not exceed 12,000 square feet of
building footprint (excluding integrated structured parking) and shall not exceed a width to depth ratio of2: 1.
h. Non-anchor, non-mixed use buildings should not exceed 10,000 square feet of
building footprint. The Director of Community Development Services may approve a maximum of two, non-
anchor, non-mixed use buildings in excess of 10,000 square feet, up to a maximum of20,000 square feet each,
when the applicant demonstrates the following:
(i) The additional square footage is necessary to accommodate the needs of a specific
tenant.
(ii) The facades of the structure include significant structural modulation equal to at
least ten percent of the length of the subject fa<;:ade.
(iii) The overall design of the building is consistent with the pedestrian scale and
integrated design of the overall site.
(iv) Non-anchor, non-mixed use facades shall not exceed a width to depth ratio of 2: 1.
g,. 1. Primary commercial building entries shall be clearly visible and recognizable from the
public right-of-ways; or active building facades, including windows and pedestrian scale design amenities such
as screening, plazas, or art features such as trelli.ses, artwork, murals, landscaping or combinations thereof,
shall be required fronting the right-of-way.
fr.. i On-street parallel parking is encouraged where feasible.
+:- k. A minimum of five percent of the gross land area ofthe commercial portion of the site
shall be pedestrian oriented open space. There shall be one primary pedestrian gathering focal point, and
additional supporting pedestrian oriented gathering locations distributed proportionally throughout the
commercial portion of the site. Open space areas and plazas shall include seating, landscaping, art,
ornamentation, pedestrian scale lighting, water features, and outdoor dining.
f.1 Vehicular service stations are not permitted. Fuel pump stations are only permitted
when accessory to an anchor tenant. Any approved fuel pump station shall not be oriented to the public right-
ORD #07~ S)'l. , PAGE 5
of-way, and shall not exceed two fuel islands with a total of up to eight vehicular fueling positions.
3. Development of the site shall include desi!:,'Tl, construction, and dedication of the
following public roadways in accordance with appropriate FWCC street sections:
a. 13 th Place South from South 336th Street to the south property line;
b. South 340th Street from Pacific Highway South to the intersection of 131h Place South
extended;
c. A roadway connecting from South 3361h Street through the residential area, connecting
to 13th Place South extended.
These public roadways are necessary to serve the proposed development and shall be
constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate significant
adverse environmental impacts may be required as determined through the SEP A process and will be applied
to any proposed project in the future.
a. Prior to occupancy of any residential building on the site, South 340th Street from
Pacific Highway South to the intersection of 131h Place South extended, and the roadway \vithin the residential
area connecting to South 336th Street, shall be constructed to meet all applicable standards. Traffic calming
devices such as speed humps, speed tables, traffic circles, chicanes, curb extensions, signs, pavement markings,
or other calming devices as approved by the Public Works Director shall be incorporated within the residential
roadway. Signal modifications at Pacific Highway South and South 3400. Street intersection may be required to
provide safe access.
Alternatively, the developer may construct the'extension of 130. Place South from South 33601
Street to its intersection with the proposed residential road as a traffic circle. This would eliminate the need for
the const~uction of South 340th Street from Pacific Highway South to the intersection of 13th Place South
extended, and the segment of 131h Place South between South 340th Street and the intersection ofthe residential
roadway (traffic circle).
b. Prior to occupancy of a,ny commercial building, 131h Place South from South 3361h
Street to the south property line, and South 340th Street from Pacific Highway South to the intersection of 13lh
Place South extended, shall be constructed to all applicable standards. A new traffic signal (South 336th Street
& 131h Place South) and/or signal modifications (Pacific Highway South & South 340th Street) may be required
as determined through the SEP A process.
4. All new public streets shall include traffic calming features.
5. Uses other than multi-unit housing and day care facilities that are otherwise permitted
in the RM zone are not allowed.
Orw # 07-'55?-, PAGE 6
6. The multi-family portion of the site, west of Wetland No.2, shall be accessed from
one location along South 336111 Street and shall include a public roadway connecting through the residential
area, across the existing berm of Wetland No.2, and connecting to 13th Place South extended.
7. No more than one anchor building, or a maximum of~ 80,000 square feet of
commercial building area, may receive a Certificate of Occupancy on the site without the prior construction of
a minimum of 75 residential units.
8. The residential area shall be designed to minimize reception of potential noise impacts
from adjacent nonresidential uses.
Section 4. 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
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 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 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 11 +L- day of
~ L ~ ,2007.
CITY OF FEDERA: ~ .. /
~/~~c;6
Mayor, Michael ~ '
ApPROVED AS TO FORM:
f~a. ~
City Attorney, Patricia A. Richardson
ORD#V7"sS(b, PAGE 7
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO:
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I:\Kitts Comer\City Council\Revised Adoption Ordinance.doc/6/7/2007
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