ORD 10-645ORDINANCE NO.10-645
AN ORDINANCE of the City of Federal Way, Washington, relating
to the expansion of size of health clubs in the Neighborhood Business
(BN) zone; amending FWRC 19.215.020, "Entertainment".
(Amending Ordinance No.'s 06-515, 03-450, 97-291. 96-270, 93-170,
and 90-43)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and
federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to
chapter 19.35 FWRC; and
WHEREAS, it is in the public interest for the City Council to adopt a new code
amendment to allow for the expansion of the size limitations on Health Club facilities within the
BN zone within the City of Federal Way; and
WHEREAS, this code amendment was a part of the 2009 Planning Commission Work
Program; and
WHEREAS, FWRC 19.215.020 currently restricts the size of health clubs to 25,000
square feet within Neighborhood Business (BN) zones throughout the city; and
WHEREAS, the City is proposing to remove square foot limitations for health clubs only
for those parcels in the BN zone located in the vicinity of 21 Avenue SW and SW Campus
Drive; and
Ordinance No.10-645 Page 1 of 7
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly
issued for the Proposal on December 5, 2009, and no comments or appeals were received and the
DNS was finalized on January 5, 2010; and
WHEREA�, the Planning Commission conducted a duly noticed public hearing on these
code amendments on January 6, 2010; and forwarded a recommendation of approval of staff
recommended Option #2, which removes the square foot limitations for health clubs only for
those parcels in the BN zone located in the vicinity of 21 Avenue SW and SW Campus drive, to
the City Council; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council
considered these code amendments on February l, 2010, and recommended adoption of the text
amendments as recommended by the Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findin�s. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and
will benefit the City as a whole by satisfying a growing need to occupy large vacant buildings in
the BN zone with compatible uses that can not be reasonably reduced in size to accommodate the
zoning restrictions placed on commercial buildings in this zone.
(b) These code amendments comply with Chapter 36.70A RCW, Growth
Management.
(c) These code amendments are consistent with the intent and purpose of Title 19
FWRC and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
Ordinance No.10-645 Page 2 of 7
(d) These code amendments bear a substantial relationship to, and will protect and
not adversely affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the
FWRC.
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and
based upon the recitals and 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 proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
LUGl Improve the appearance and function of the built environment.
LUPl Use residential design performance standards to maintain neighborhood
character and ensure compatibility with surrounding uses.
LUP44 Encourage neighborhood retail and personal services to locate at appropriate
locations where local economic demand and design solutions demonstrate
compatibility with the neighborhood.
LUP49 In designating new or expanding existing Neighborhood Business centers, the
adjacent zoning and land use shall be carefully considered. New Neighborhood
Business centers are most appropriately located adjacent to multiple family and
high-density single-family residential areas.
LUP6 Conduct regular reviews of development regulations to determine how to
improve upon the permit review process.
EDP7 In order to encourage efficient and desired development and redevelopment of
existing land designated and zoned for various types of commercial uses, when
considering proposals for comprehensive plan amendments and rezones to
commercial designations and from one commercial designation to another, the
City will consider development trends in commercially zoned areas, market
demand for various types of commercial land, and amount of vacant commercial
land.
EDP10 The City will work with the private sector to actively encourage the retention and
expansion of existing businesses, as well as bring in new development,
businesses, and jobs to the community.
Ordinance No.10-645 Page 3 of 7
EDP18 The City will periodically monitor local and regional trends to be able to adjust
plans, policies, and programs.
EDP19 The City will actively work with representative groups of business and property
owners, including the Federal Way Chamber and other local business
associations, to enhance citywide and subarea improvements and planning.
(b) The proposed FWRC amendment bears a substantial relationship to the public
health, safety, and welfare because it provides for more recreational activities contributing to the
public health and welfare of surrounding neighborhoods and the city as a whole. Additionally the
amendment affords the ability for the re-use of larger vacant building which would otherwise be
a draw for graffiti, vandalism, and various other public nuisances which would be detrimental to
the safety of neighborhoods within the general vicinity.
(c) The proposed amendment is in the best interest of the public and the residents of
the City of Federal Way because it would provide the opportunity for more possible uses of
larger existing vacant buildings and allow for more recreational activities.
Section 3. Chapter 19.215.020 Use Zone Chart "Entertainment" of the Federal Way
Revised Code is hereby amended to add new language to read as follows:
Ordinance No.10-645 Page 4 of 7
19.215.020 Entertainment.
The followin uses shall be ermitted in the nei hborhood business BN zone sub'ect to the re ations and notes set forth in this secrion:
USE ZONE CHART
z DIItECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
� Minimums
F N Re uired Yazds y
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USE �� •S w � � x� r�� a" SPECIAL REGULATIONS AND NOTES
Private lodge Process None 0 ft. 10 ft. 10 ft. 35 ft. above 1 for each l. Gross floor area of this use may not exceed: 7,500 sq. ft. for restaurants; 5,000 sq. ft. for fast food restaurants;
or club fI See notes 3 and 9 average 100 sq. ft. of 10,000 sq. ft. for private club or lodge; 25,000 sq. ft. for health clubs or retail establishment providing� entertainment,
See building gross floor recreational, or cultural services or activities. Health club uses located in the BN zoned viciniry of 21 T Ave SW and
Art gallery note 7 elevation area for SW Campus Drive mav exceed the 25.000 square foot maximum.
restaurants; 2. For retail establishment providing entertainment, recreational, or cultural services or activities, the uses must be
Restaurant or See note 3 contained within a building. No outdoor uses are permitted.
tavern 1 for each 80 3. If any portion of a structure on the subject pmperty is within 100 8. of a residenrial zone, then that portion of the
sq. ft. for fast structure shall not exceed 30 ft. above average buitding elevation and the structure shall be set back a minimum of
Fast food food 20 ft. from the property line of the residential zone.
restaurants restaurant; 4. The hours of operation of these uses may be limited to reduce impacts on nearby residenrial areas.
5. Access to and from drive-through facilities must be approved by the public works deparhnent. Drive-through
Heatth club Otherwise facilities must be designed so that vehicles will not block traffic in the street while waiting in line and will not
determined unreasonably interfere with on-site traffic flow.
Rerail , on a case-by- 6. Fast food restaurants must provide one outdoor waste receptacle for every eight parking spaces.
establishment case basis 7. No maximum lot coverage is established. Instead, the buildable area will be deternuned by other site development
providing
entertainment, requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc.
recreational, or 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC.
cultura� services 9. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
or acavities 10. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
11. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject
property.
12. Gambling uses are not permitted as principal or accessory uses in this zone as of February 7, 2006. Any such
pre-existing use shall not resume activity if said use ceased for the consecuNve 12-month period immediately
preceding February 7, 2006. Any such use exisNng on February 7, 2006, shall be discontinued at such time as the
use ceases fro any consecurive 12-manth period.
Trocess I, II, III and IV are describec! in
Cbapter 19.55 FWRC, For other information about pazking aud parking areas, sec Chapter 19.130 FWRC.
hapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively. For details of what may exceed tLis 6eight limit, see FWRC 19.110.050 et seq.
For details regarding required yards, see FWRC 19.125.160 et seq.
Ordinance No.10-645 Page S of 7
Section 4._Severabilitv. 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 any
other persons or circumstances.
Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not 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 7. 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 this 2 day of March, 2010.
CITY OF FEDERAL WAY
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Ordinance No.10-645 Page 6 of 7
APPROVED AS TO FORM:
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CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
2-9-2010
3-2-2010
3-6-2010
3-11-2010
10-645
Ordinance No.10-645 Page 7 of 7