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ORD 13-745ORDINANCE NO. 13-745 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, 98-330, 00-372, Ol- 405, 03-442, 04-460, 04-461, 04-462, 05-490, OS-491, OS-492, 07-558, 09-614, 10- 671, 11-683, and 13-736.) 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 WI-�REAS, 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 December 23, 1998, September 14, 2000, November 1, 2001, March 27, 2003, July 20, 2004, June 16, 2005, July 16, 2007, June 1 l, 2009, October 28, 2010, January 27, 2011, and January 23, 2013; 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 (FWRC), 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 comprehensive plan map and the zoning map specifically in relationship to three citizen-initiated requests, Request # 1-Federal Way High School, Request #2 -Lakeside Professional Building, and Request #3 - Summers, for changes to the comprehensive plan and zoning map designations; and Ordinance No. 13-745 Page 1 of 8 WHEREAS, on May 10, 2013, the city's SEPA Responsible Official issued a Determination of Nonsignificance on the 2013 Comprehensive Plan Amendments; and WHEREAS, the city's Planning Commission held a public hearing on June 24, 2013, at the close of which they recommended to the Council approval of the three citizen-initiated requests, Request # 1—Federal Way High School, Request #2 —Lakeside Professional Building, and Request #3 — Summers, 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 co�prehensive plan amendments on July 1, 2013, following which it recommended approval ofthe 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 on July 17, 2013, and August 6, 2013; and WHEREAS, the City Council desires to approve the three citizen-initiated requests for changes to the comprehensive plan and zoning map designations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHII�TGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. (a) The proposed amendments to the comprehensive plan map as set forth in Exhibit A, 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; 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 RCW 36.70A, the King County Countywide Planning Policies, and the un- amended portion of the Plan. (b) The proposed amendments to the comprehensive plan map as set forth in Eachibit A, attached hereto, will not negatively affect open space, streams, lakes, or wetlands, or the physical environment in general. The Ordinance No. 13-745 Page 2 of 8 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 properiy 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 RCW 36.70A, the King County Countywide Planning Policies, and the un- amended portion of the Plan. (c) The proposed amendments to the zoning map, set forth in Exhibit A 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 2 below, bear a substantial relation to public health, safety, and welfare, and are in the best interest of the public and the residents of the city. (d) The proposed amendments have complied with the appropriate process under state law and the FWRC. Section 2. Comnrehensive Plan, Com�rehensive Plan Maps, and Zoning Map Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010, 201 l, and 2013, copies of which are on file with the Office of the City Clerk, the comprehensive plan map, and the zoning map are amended as set forth in Exhibit A 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. 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, 2011, and 2013 shall remain in full force and effect until these amendments become operative upon the effective date of this ordinance. Ordinance No. 13-745 Page 3 of 8 Section 6. Rat�cation. 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 provided by law. PASSED by the City Council of the City of Federal Way this 6`�' day of August 2013. CITY OF FEDERAL WAY � � I��� " . � . �. ,�. ATTEST: CITY CLERK, CARO MCNE Y, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO.: 07-09-2013 08-06-2013 08-09-2013 08-14-2013 13-745 � K:\Comprehensive P1an�2013 Comprehensive P1an�I.UTC�Adoption Ordinance.doc Ordinance No. 13-745 Page 4 of 8 Exhibit A Ordinance No. 13-745 Page S of 8 City �af Federaf 1l�lay Zo� � Site Specific Requests for Camprehensive Plan and Zaning De�ignation Changes Fe�ieral Way H�gh S�haol Site �pecific f�equest #1 Exhibit Legend Site S�ecific Request Buildings Streets strea�,�s (e;ry surveyl W�tl�nds (1998 City Surveyj � �orung Boundary' Nate: An asberix (') ruext fio a mning desig►a�tion indicale�s dtie prnperty is 8o�eme� b3► a dev�ebpment ag►eemerrt � � Q 2�0 54D N ---• Feet nn� nr _ Fe�ieral �Il�y rn5 maP is a�r�a�ed by no,rarrarroes, and a smplY a 9raphic r�epresenta6on. �ity af F�deral Way 20� � SI�E SPEGIfIC F�@�1J25t5 for C4mprehensive Plan and Zaning Design�tion Ch�nges La�keview Prafessional Building Site Sp�ecific Request #2 Exhibit Leg�end Site Specific Request V4'eti�nds �1998 Cit�r Surueyj � �andng Boundaryt Buildings Streets Nobe: An asterix (') n¢xt m a mninp desig�auon indicaies the property is pauemea try a devebpment aQiegnent ��5 � � 0 12� �0 Feet cirr or Fe�l eral Wa� �tS/Rap 15 3CC0(fl�ft4'd � fW NfdfTalYhi25, and is sinplY a 9raphic nepceser►tabon. �ity af Federai 1Na�y �o�a Site Specific Requests for Comprehensiv� Plan �nd ZQning Designatian Changes �umrners Site �p�ecific R�quest #3 Exhibit Leg�end Site S�ecifi� Request We�tlands (1998 City Surv�yj Q Zo�ning Boundary' Buildings Str$ets Nabe= An asterix (') r�ext tio a mninp de�si�tabon indicas�s the properiy is govEmed by a de�u�eloprnent aQr�n�rrt � � 0 123 250 Feet urv or Fed�ral U�ay Ths map is accacryxaned by rw wartar�Ges, and �s sinply a graphic nepreser►tabon.