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ORD 08-581 ORDINANCE NO. 08-581 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO ORDINANCE 07-556, AMENDING ORDINANCE 05-490, RELATING TO THE CONDITIONS OF ZONING APPROVAL FOR FEDERAL WAY VILLAGE (aka 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, 07-556). 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 that 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, June 16, 2005, and July 3, 2007; and WHEREAS, Ordinance No. 05-490 approved a change in comprehensive plan designation and zoning of approximately 46 acres located south of South 336lh 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 336lh 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 Ord # 08-581 , Page I File #08-102234-OO-UP I Doc.l.D. 45651 approximately 351 feet north 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, the applicant submitted an application for a Master Plan for the Federal Way Village site in January 2007; and WHEREAS, in March 2007, the City of Federal Way received a request to amend the conditions of I zoning approval of the approximately 19 acres of that portion of site zoned Community Business; and WHEREAS, in June 2007, the City Council of the City of Federal Way adopted Ordinance 07-556 that amended the conditions of approval of the approximately 19 acres of that portion of the site zoned Community Business; and WHEREAS, in February 2008, the City's SEPA Responsible Official issued a Mitigated Determination of Nonsignificance on the Federal Way Village Master Plan that considered phased implementation of the required public roadway network; and WHEREAS, in May 2008, the City of Federal Way received a request to further amend the conditions of zoning approval to allow for the phased construction of required public right-of-way within the site consistent with phased construction of the proposed zero-lot line townhouse subdivision and mixed use commercial portions of the site; 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. On June 18, 2008, the City's Planning Commission considered the request for a change in the conditions of zoning approval to allow for phased construction of required public right-of-way within the Federal Way Village site. 2. On July 7, 2008, the Land UselTransportation Committee of the Federal Way City Council considered the request, based on recommendation by the Planning Commission, following which it recommended adoption of the Planning Commission's recommendations. Ord # 08-58] , Page 2 File #08-102234-00-UP I Doc. 1.0. 45651 3. On July 15, 2008, the full City Council considered the request for a change in the conditions of zoning approval to allow for phased construction of required public right-of-way within the Federal Way Village site at which time it adopted the Planning Commission's recommendation as forwarded by the LandlUse Transportation Committee. WHEREAS, the City Council desires to approve the request for a change in the conditions of zoning approval for the construction of required public right-of-way within the Federal Way Village site based on the amended conditions as contained in Section 3 of this ordinance. 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 for construction of public right-of-way identical in design to that originally envisioned and consistent with the comprehensive plan because right-of-way segments will be constructed in phases consistent with the phasing of overall site development. B. The proposed amendments to the conditions of zoning approval, as set forth in Section 3 below, will allow development of the site in phases to better respond 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. Ord # 08-581 , Page 3 File #08-1 02234-00-UP I Doc. I.D. 45651 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 in phases as a commercia V 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. LUP40 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 336lh 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: 1. 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 conjunction 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 following parcels: 202104-9069, 202104-9070, 202104-9001, 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 Ord # 08-581 , Page 4 File #08-102234-00-UP I Doc. LD. 45651 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. These anchors shall not exceed 140,000 square feet of 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 1.25: 1. f. 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: I. 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 of 2:1. 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 of 20,000 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 of2: 1. 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 trellises, artwork, murals, landscaping or combinations thereof, shall be required fronting the right-of-way. J. On-street parallel parking is encouraged where feasible. k. A minimum of five percent of the gross land area of the 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. Ord # OR-'iR 1 , Page 5 File #08-102234-OO-UP I Doc. LD. 45651 I. 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-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 design, construction, and dedication of the following public roadways in accordance with appropriate FWCC street sections: a. 13th Place South from South 336th Street to the south property line; b. South 340th Street from Pacific Highway South to the intersection of 13lh Place South extended; c. A roadway connecting from South 336th 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. &.- Prior to occupancy of any residential building on the site, South 310th Street from Pacific High\vay South to the intersection of 13th Place South extended, and the road'.va)' within the residential area connecting to South 33611t Street, shall be constructed to meet all applicable standards. Traffic calming devices such as speed humps, speed tables, traffic circles, chicanes, curb extensions, signs, pa'/cmcnt markings, or other calming de'lices as approvod by the Public Works Director shall be incorporated 'Nithin the residential roadvlay. Signal modifications at Pacific High'Nay South and South J4()th Street intersection may be rcquired to provide saf~ access. Alternatively, the developer may construct the extension of 13th Place South from South 33611t Street to its iatersection "'lith the proposed residential road as a traffic circle. This '.vould eliminate the need for the construction of South 310th Street from Pacific Highway South to the interscction of 13th Place South extended, and the segment of 13th Place South behveen South 310th Street and the intersection of the residential road'Nay (traffic circle). a. Prior to occupancy of any residential building on lots 1-34, the segment of Roadway A from the southern lot line of Lot 34 northward to South 336th Street, as set forth in Exhibit A attached hereto, shall be constructed to meet all applicable standards, including a temporary cul-de-sac if necessary. 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. b. Prior to occupancy of any residential building on lots 35-95, South 340th Street from Pacific Highway South to the intersection of 13th Place South extended, and Road C from the intersection of 13th Ord # 08-581 , Page 6 File #08-102234-OO-UP I Doc. 1.0.45651 Place South extended westward to the intersection with Road, A, as set forth in Exhibit B attached hereto, shall be constructed to meet all applicable standards. In addition, the segment of Road A from the southern lot line of Lot 34 southward to the intersection with Road B shall be constructed to meet all applicable standards, including a temporary cul-de-sac if necessary. 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 roadways. Signal modifications at Pacific Highwav South and South 340lh Street intersection shall be required to provide safe access. &: Prior to occupancy of afty commercial building, 13th Place South from South 336th Street to the south property line, and South 310th Street from Pacific High'll'ay South to the ifltersectioR of 13th Place South extended, shall be constructed to all applicable standards. ,A. new traffic sigflal (South 336th Streot & 13th Place South) and/or sigflal modifications (Pacific Highway South & South 310th Street) may be required as determined through the SEPA process. c. The Public Works Director shall review and approve the construction phasing for the required street infrastructure associated with the commercial phase of development. Improvements required include: 13lh Place South, from South 336lh Street to the south property line; South 340th Street, from Pacific Highway to the intersection of 13lh Place South extended (to all applicable standards); and modifications to the signal at the intersection of South 340lh Street and Pacific Highway South (SR 99). 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. 6. The multi-family portion of the site, west of Wetland No.2, shall be accessed from one location along South 336lh 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 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. Ord # 08-581 , Page 7 File #08-102234-OO-UP I Doc. 1.0.45651 Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section ~ 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6.,. 7. Effective Date. This ordinance shall take effect and be in force five (5) days [rom and after its passage, approval, and publication, as provided by law. PASSED J)y' the City Council of the City of Federal Way this ~U~ ,2008. 5# day of ~ROVED AS TO FORM: tf()iVO, ~ City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: 7/08/08 PASSED BY THE CITY COUNCIL: 8/05/08 PUBLISHED: EFFECTIVE DATE: ORDINANCE No: 8/09/08 R/14/0R 08-581 Ord # 08-SRl , Page 8 File #08-102234-00-UP I Doc. LD. 45651 , . _ --. ,I! 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