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ORD 13-736ORDINANCE NO. 13-736 AN ORDINANCE of the City of Federal Way, Washington, relating to amendments to the city's comprehensive plan, comprehensive plan map, and zoning map. (Amending ordinance no's. 90-43, 95-248, 96-270, 9&330, 00-372, Ol- 405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, OS-492, 07-558, 09-614,10- 671 and 11-683.) WHEREAS, the Growth Management Act (GMA) 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, park and recreation 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 a 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 December23, 1998, September 14, 2000, November 1, 2001, March 27, 2003, July 20, 2004, June 16, 2005, July 16, 2007, June 11, 2009, October 28, 2010, and January 27, 2011; and WHEREAS, the city may consider Plan and development regulation amendments pursuant to Process VI, under Title 19 ("Zoning and Development Code") of the Federal Way Revised Code (F WRC) Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and 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 has considered amendments to the text of the comprehensive plan, the comprehensiveplan map, and the zoning map, specifically,the text of Chapter 1- Introduction, and Chapter 2- Land Use, related to Urban Agricultur� and two citizen-initiated requests (Request # 1- Hoit Request, and Request #2 -Barrett/LindbergRequest) for changes to the comprehensive plan and zoning map designations; and Ordinance No. 13-736 Page 1 of 16 WHEREAS, on October 5, 2012, the city's SEPA Responsible Official issued a Determination of Nonsignificance on the 2012 Comprehensive Plan Amendments; and WHEREAS, the city's Planning Commission held a public hearing on November 7, 2012, at the close of which they recommendedto the Council approval of the following amendments: l) amendments to the text of Chapter 1— Introduction, and Chapter 2— Land Use; and 2) approval of the two citizen-initiated requests (Request # 1— Hoit, and Request #2 — Barrett/Lindlierg� for changes to the comprehensive plan and zoning map designations and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered the comprehensive plan amendments on December 3, 2012, following which it recommended approval of the Planning Commission's recommendations; and WHEREAS, the City Council, through its staff, Planning Commission, and City Council committee, received, discussed, and considered the testimony, written comments, and material from the public, and considered the matter at its City Council meetings onTanuary 2, 2012, and January 15, 2013; and WHEREAS, the City Council desires to approve the: 1) amendments to the text of the comprehensive plan; and 2) two citizen-initiated requests for changes to the comprehensive plan and zoning map designations; NOW, "THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. (a) The proposed amendmentsto the comprehensiveplan maps and comprehensiveplan text, as set forth in Eachibits A-C, attached hereto, are consistentwith the Council vision for the City of Federal Way; will allow developmentwhich is compatible with the surrounding neighborhoods, including adjacent single-family uses; will establish goals and policies necessary for the adoption of future code amendments, which would allow urban agricuhure where appropriate; will increase accessibilityto locally grown foods for all segments of the population; will provide economic benefts for residents; 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 of RC W 36.70A, the King County Countywide Planning Policies, and the un-amended portion of Ordinance No. 13-736 Page 2 of 16 the Plan. (b) The proposed amendmentsto the comprehensiveplan maps and comprehensive plan text, as set forth in Exhibits A-C, attached hereto, 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 targets, and will allow reasonable use of property subject to constraints necessary to protect environmentally sensitive areas. The amendments, 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 of RC W 36.70A, the King County Countywide Planning Policies, and the u�ramended portion of the Plan. (c) The proposed amendments to the zoning map, set forth in Exhibits B and C attached hereto, are consistentwith the applicable provisions of the comprehensiveplan and the comprehensive plan land use map proposed to be amended in Section 2 below, bear a substantial relation tq�ublic health, safety, and welfare, and are in the best interest of the public and the residents of thacity: (d) The proposed amendments have complied with the appropriate process under state law and the FWRC. Section 2 Com�rehensive Plan Comprehensive Plan M�s and Zonin�Map Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafteramended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, ZO10, and 2011, copies of which are on file with the Office of the City Clerk, the comprehensive plan map, and the zoningmap are amended as set forth in Exhibits B and C attached hereto. Section 3. Amendment Authoritv. The adoption of plan and map amendments in Section 2 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to Chapter 19.80 FWRC. 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 other persons or circumstances. Ordinance No. 13-736 Page 3 of 16 Section 5. Savin�s Clause. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010, and 2011 shall remain in full force and effectuntil these amendments become operative upon the effective date of this ordinance. Section 6. Ratifcation 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 take effect and be in force five (5) days after passage and publication, as providsd by law. PASSED by the City Councilof the City of Federal Way this LSth day ofJanuary, 2013. CITY OF FEDERAL WAY MAYOR, S PRIEST ATTEST: CITY CLERK; CAROL M NEILLY, C C APPROVED AS TO FORM: G�i�. CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 12-24-2012 PASSED BY TI-IE CITY COLJNCIL: O1-15-2013 PUBLISHED: O 1-18-2013 EFFECTIVE DATE: 01-23-2013 ORDINANCE NO.: 13-736 Ordinance No. 13-736 Page 4 of 16 Exh i b it A Proposed Amendments to Chapter 1 - Introduction and Chapter 2 - land Use (Only those pages with proposed amended language have been included) � CHAPTER ONE - INTRODUCTION ....................................... Federal Way's Future Vision Federal Way's challenge for the future is to protect what the community believes is most important, while meeting the state's growth management goals. T'he following paragraphs describe what Federal Way will look like in the year 2022, and beyond, if it balances these gravth management mandates with the needs and desires of Federal Way citizens.Federal Way is a great place to live, work, and play because of its: Government For and By the People. All governmental entities reflect the caxdo attitude of Federal Way citizerv and partner with them to provide quality services, often through volunteerism. Governmental entities reflect the community's values of diversity, innovation, and participation. Together, the community and its neighborhoods have built a sense of identityand ownership for Federal Way and its future. Fiscally conservative, innovative financial and management (contracting model) strategies, along with economic growth, have allowed the community to enjoy a moderate tax rate, with bond issues approved to support major projects. The community vision has maintained a focus and continuity for staffand fiscal resources on the defned vision. Responsible Growtlz The community realized that some level of growth in all segments of the community (economic, populatioq housing, etc.) was inevitable, and chose to channel that growth into very specific development goals. The overall character of the community has remained much as it was 20 years ago. Infrastructure has been developed concurrently with growth, preservingthe community's quality of life. Development goals have fostered the preservation of a primarily residential community and open natural areas, with concentrated urban development in the City's Center. An increase in the number of corporate headquarters, �nexation of the Potential Annexation Areas (PAA), and build out of available singlafamily sites, at competitive prices, has accommodated Federal Way's population target. Some new multipl�amily development is concentrated in the City Center/99 corridorarea, primarily through downtown condominiums. This pedestrian friendly, mult�use City Center, with multtstory and underground parking facilities works well for many. Federal Way citizens enjoy the pedestrian plazas of the City Center. Statewide planning goal #6 states, "Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions." The City supports preservation of private property rights; however, property rights must be balanced with the health, safety, and general welfare of the community. Economic Vitaliry. Strategically located in the Pacific Rim, between SeaTac Airport and the Port of Tacoma, Federal Way provides jobs asan international and regional retail and employment center. Federal Way is also home to several corporate headquarters located in FWCP—ChapterOne, Introduction East and West Campus. Companies choose Federal Way for its sense of neighborhood identity, mix of housing stock, proximity tonatural resources (mountains, oceans, and waterways), and safety. The growth in the corporate headquarters segment of the economy has netted economic spinoffs for Federal Way's small business community, as small business provides support services for thecorporate park companies. Growth in the small business economy has generated some redevelopment of previously large retail warehouse facilities to accommodate office, retail, and light manufacturing. Quality jobs have boosted disposable income, supportingexpansion of Federal Way's retail and commercial sectors. The resulting enhancements to the community's tax base have helped to support a high quality of community life. Efficient Traffrc Systerra Federal Way's transportation system links neighborhoods wit the City Center, and Federal Way with other communities in the Puget Sound region. Concentrated economic growth in East and West Campus and the City Center has allowed mass transit to connect Federal Way's economic core with the economic and leisure hubef Puget Sound communities. Concentrated growth has allowed the community to maintain the infrastructure in outlying areas, focusing new infrastructure in the City's Center. Youth have found the transportation system easy and safe to use in getting to sckiol. Safety, Infrastructure, and Utilities This issue has been addressed at the neighborhood level, where community�based policing philosophies and citizen efforts to create a sense of neighborhood with real and perceived safety are most effective. A pr6essional and compassionate law enforcement force communicates clearly with the community's diverse populations and business community, providing a visible community presence, as well as acceptable emergency call response times. Improvements in safety havbeen a cornerstone for the community's economic and residential growth. The utility and fire districts share this community vision and have targeted their efforts and resources to continue to provide effective and efficient delivery of water, sewer, telel�one, television, power, and frre services. Increased coordination between these districts and the City, and these districts and their regional counte�parts, has ensured adequate service expansion to make the community's development vision a reality. Caringfor Our (hvn: Governmental and social service agencies work in concert to provide a caring and safe environment for all Federal Way citizens. Evaiimproving educational institutions, public and private, serve all interests and ages throughout the commuity. Neighborhoods have joined with the schools in their area to improve student achievement, school facilities, and resources. Strong educational institutions and the leadership of the Federal Way School District, Highline Community College, and DeVry Uniersity have contributed to the community's economic growth, providing a trained work force and quality education for the families of employees who locate here. The City has been the catalyst for creating a onestop shopping center for human services, withprograms at all levels of government requiring greater participation from clients in improving their individual situations. Quality Culture, Environment, and Play. Parks, trails, sports,urban agriculture, and cultural arts facilities cater to the activelifestyle of Federal Way citizens. By partnering with the Federal Way School District and other agencies, the community has developed a long range plan for facilities, parks, and services, which is yielding more and better facilities, K:ICLERK1Agenda BiIIs12013101152013�ORD Comp Plan Amendmentw Exhibits.doc �-� FWCP—ChapterOne, Introduction and joint facility itilization than any one agency could provide alone. A performing and cultural arts center has been built, although it will require operating subsidies for its first eight years. The Federal Way area is blessed with a bounty of natural beauty and sceneryThis bounty includes dramatic vistas of Mt. Rainier; numerous lakes, streams, and wetlands; the pastoral setting in the Spring Valley area; and views of Puget Sound and Vashon Island from the saltwater ridge. The City is committed to preserving this vast �tural resource for the citizens and future citizens of Federal Way. Regional Player. Finally, Federal Way institutions and citizens are regional partners and participants in the economic, political, and cultural life of Puget Sound. This participation has yielded funding opportunities for community facilities, including housing and human services. Other regional efforts have safeguarded the community against outside impacts that detract from our community's quality of life. Regional participation has cr�d the seas with sister city relationships which are supported by Federal Way citizens. These relationships have had significant cultural, educationa(, and economic benefits for the community. This vision will not be easily achieved. It will require difficult choices. In order to grow gracefully, and remain a healthy and desirable community, tomorrow's higher density growth areas must be accompanied by improved amenities for urban life. More resources will be required to maintain the high quality of life we currently enjoy, thanks to our parks, streets, and other public services. A combined effort of the public sector, neighborhood groups, businesses, schools, and individual citizens will be required. The early and continuing cooperation and collaboration of these groups in this process will ensure this vision will be realized. K:ICLERKIAgenda BiIIs12013101152013�ORD Comp Plan Amendmentw Exhibits.doc 1-8 CHAPTER TWO - LAND USE 2.0 INTRODUCTION Through the CityShape and Vision process, the community produced a general concept of what the City should look ard function like in the future. This general concept was used to form the basis of the Land Use chapter. The Land Use chapter serves as the foundation of the Federal Way Comprehensive Plan(FWCP) by providing a framework for Federal Way's future developmentand by setting forth policy direction for Federal Way's current and future land uses. Development of land, according to adopted policies and land use designations discussed in this chapter, should result in an appropriate balance of services, employment�nd housing. The land use policies are supplemented by a Comprehensive Plan Designations Map�Iap II-1, maps are located at the end of the chapter) that provides a visual illustration of the proposed physical distribution and location of various land usesThis map allocates a supply of land for such uses as services, employment, parks, open space, and housing to meet future demand. 2.1 THE LAND USE CONCEPT Federal Way's existing land use pattern (the physical location of uses) exists as a result of development administered by King County until 1990 and subsequent development under Federal Way's jurisdiction. As shown inMap II-2 (Generalized Existing Land Use) and Figure II-1 (Percent Gross Land Area By Existing Land Use), in September 2006, 43 percent of Federal Way's gross land area was developed as singlefamily development, ten percent as multipla�family development, and 13 percent for office, retail, and manufacturing uses. Updates to the FWCP will not substantially modify this land use pattern. What will change is how various pieces of the land use pattern interact to achieve common land use goals. Figure II-2 depicts the land use concept. The land use concept should result in the following: • Transformation of the retail core into an intensely d�eloped City Center that is the focus of civic activity which provides a sustainable balance of jobs and housing; • Preservation and enhancement of existing residential neighborhoods; • Creation of a network of parks and open space areasand urban a�ricultural sites; • Promotion of healthv and active lifes le o�portunities for all residents. FWCP—ChapterTwo, Land Use 2.7 CITYWIDE POLICIES Citywide policies apply to all FWCP designations. These general policies are intended to maintain the quality of the livingand working environment and ensure that the interests, economy, and welfare of the community are considered. Policies LUP9 Designate and zone land to provide for Federal Way's share of regionally adopted demand forecasts for residential, commercial, ancindustrial uses for the next 20 years. LUP10 Support a diverse community comprised of neighborhoods that provide a range of housing options; a vibrant City Center; well designed and functioning commercial areas; and distinctive neighborhood retail areas. LUPll Support the continuation of a strong residential community. LUP12 Evaluate household and employment forecasts on a periodic basis to ensure that (and use policies based on previous assumptions are current. LUP13 Distribute park, urban a�ricultural sites, and recreational opportunities equitably throughout the City. 2.8.5 Healthv Food Access: Urban Agriculture_ PurAOSe Land use and transportation have a stron�influence in promotin�Lhea(thy and active lifestyles. Healthy foodresources such as farmers markets, community gardens, pea patches and urban farms provide public health economic social and environmental benefts for the communitv. Urban agriculture in Federal Wa�su�ports and encoura�es healthy and active lifestv� throu�h a wide ran�e of activities such as raising cuttivation �rocessing, marketing, and distribution of food in urban areas. Urban agriculture also provides opportunities for community buildin� and encoura�es social interaction for Federal Way's di�e population In addition urban agriculture activities can contribute to the local economv bv K:ICLERMAgerxla BiIIs12013101152013�ORD Comp Plan Amendment w Exhibits.doc II-10 FWCP—ChapterTwo, Land Use providin�opportunities for residents to start and grow businesses such as urban farms and cotta eg food processin� These policies are intended to increase �cess to healthy food choices for all Federal Wav residents. Urban Agriculture in Federai Way m;.����:�:�.. ;, ��.���, ,< _:v.;.0 � �ommunity � School � Home Pea- gardens gardens gardens � patches Goal �:a.. _.s �w-�.. ��:�.;�.:,� -::�R« .. . _;: ����:��.� -��� .�.Mw�,� �`� cottage � � Urban � � Farmers '� CSA drop- ' farms + Farmstands � markets t food '� off sites processing LUG9 Provide access to healthy_food resource�or all residents through opportunities for urban a�ricultural activities such a�armers markets, farmstands, communitv sup�orted agricultzre (CSA)� drop-o�fsites communit�gardens pea patches school �ardens home�ardens and urban farms. Policies LUP51 Establish development re�ulations that allow for health�food resources as a permitted use and provide for orrsite sale and delivery �healthy foods, on public and private property, where appropriate. Goal LUG10 Encoura�e and su�port farrrters market o�portunities that are accessible to all residents. Policies LUP53 Establish development re�ulations that allow for farmers markets aa �ermitted use on public and�rivat�roperty where ap�ro�riate. � Community-supported agriculture (CSA) is a food production and distribution system that directly connects farmers and consumers. Consumers buy "shares" in a farm's harvest in advance. The term "CSA" is also used to refer to an individual farm's CSA program. K:ICLERK1Agenda BiIIs1201310115201310RD Comp Plan Amendment w Exhibits.doc II-11 FWCP—ChapterTwo, Land Use LUP54 Encoura�e farmers market to acce�t public beneftts such as food stamp electronic benefit cards senior farmer market vouchers and Women, Infant, Children (WIC benefits. LUP55 Coordinate with local and re�ional or�anizations to promote local farmers markets. Goal LUG11 Promote urban a�riculture activities thro�h existin� and new programminQ and partnerships. Policies LUP56 Encourage and sup�ort the use of�ublic lands for �rban a�ricultural activities by establishin� criteria for assessing suitable sites. LUP57 Where ap�ropriate sup�ort join�use a�reements for publicly or privately owned sites for uses such as urban farms community sardens and pea atp ches• LUP58 Consider development incentives �rants and other funding sources to sup�ort develo�ment of urban a�riculture sites and �ro�ramming. K:iCLERK1Agenda BiIIs12013101152013�ORD Comp Plan Amendment w Exhibits.doc II-12 Exhibit 6 Site-Specific Request #1 Hoit �ity �f F�ed�ral 1Nay �o�� Site Specifi c Request� for �ompreh�nsive Plan and �oning De�ignatian �hang�s H�It �ite �pecific Re�quest #1 Exhibit L�gend �ite �pecific Request Buildings �tre.�ets Stre�r11S �Ciljl SUtY�Y� We�tl�nds (1998 City Survey) � 7_oning Boundary* Note: An astierix ('j ruext Lo a mning desi�►ation indicates the property is go�uemed by a devebpm�ent apreerneryt � �� � 0 25� 54D Feet cir; or F�� �r�l 1�V��r Ttcs map is aacampar�ued by tea warranties, and � smply a grdphic re�x�es�ntation. Exhibit C Site-Specific Request #2 Barrett/Lindberg 2012 �it� of F�ed�ral �lay �o� � Site Specifi � Requ�sts for Comprehensiv� Plar� ar�d Zoning Desi�nati�an �Ch�nges �arr�tt 1 Lir�db�rg Sit� �pecific Requ�st #� Exhibit Leg�end Site Sp�cific Request Wetlands (1998 City SurveY) � Zoning Baundary: Buildin�s �treets NoOe: An abterix ('j n�xt ta a mning desi�aban indica�s the property is govemed by a d�uebpment agreement ti �`� 0 25�D 5�0 N Feet cirr ar Fe�er�l �Va�r n�i5 �►,ap is a�mpanea by na,�rarr�ties, and is smply a graphic repesentation.