ORD 14-768ORDINANCE NO. 14 -768
AN ORDINANCE of the City of Federal Way, Washington, imposing
a six month moratorium on the expansion or creation of a retail
establishment providing entertainment, recreational or cultural
services or activities within the City Center Core (CC -C) and City
Center Frame (CC -F) and setting a date for a public hearing.
WHEREAS, the zoning for the City Center Core (CC -C) and City Center Frame (CC -F)
contains an entertainment use category for "retail establishment providing entertainment,
recreational or cultural services or activities "; and
WHEREAS, Council desires to review uses that fall within this zoning use category to
determine whether they are appropriate for the type of development the City envisions for the
City Center Core and Frame; and
WHEREAS, the City desires to maintain the status quo while this zoning use category is
reviewed; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt a
moratorium; and
WHEREAS, the adoption of this moratorium is exempt from the requirements of a
threshold determination under the State Environmental Policy Act; and
WHEREAS, the desire to maintain the status quo and the potential adverse impacts on
the public health, property, safety and welfare of the City and its citizens if this Ordinance does
not take effect immediately, justify the declaration of an emergency and the designation of this
ordinance as a public emergency ordinance necessary for the protection of public health, public
safety, public property or the public peace by the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 14 -768 Page I of 3
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings of fact:
(a) The forgoing whereas provisions are adopted as findings of fact.
(b) A moratorium is necessary to provide the City with sufficient time to review
certain uses that are allowed in the City Center Core and Frame.
uses.
(c) A moratorium is necessary to preserve the status quo while the City reviews these
Section 2. Moratorium Established. No expansion of a current use or creation of a new
use that falls within FWRC 19.225.040 and 19.230.030 as a retail establishment providing
entertainment, recreational or cultural services or activities shall be allowed in the City Center
Core or Frame for the duration of this moratorium.
Section 3. Duration of Moratorium. This moratorium shall be in effect for six months
from the effective date of this ordinance.
Section 4. Public Hearing. A public hearing for this moratorium will be held on June 17,
2014, at the regularly scheduled City Council Meeting.
Section 5. Planning Commission Work Program. The PIanning Commission Work
Program is amended to add code amendments related to retail establishments providing
entertainment, recreational or cultural services or activities within the City Center Core and
Frame as a high priority.
Section 6. 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 any
other persons or circumstances.
Ordinance No. 14 -768 Page 2 of 3
Section 7. 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 8. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 9. Effective Date. By unanimous consent, the Council finds that this moratorium
is for a public emergency and needed for the immediate support of City governments and is not
subject to initiative or referendum pursuant to FWRC 1.30. This ordinance shall take effect and
be in full force upon adoption.
PASSED by the City Council of the City of Federal Way this 3`d day of June, 2014.
CITY OF FEDERAL WAY
WRRELL ,
ATTEST:
APPROVED AS TO FORM:
INTERIM ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK: 6 -3 -2014
PASSED BY THE CITY COUNCIL: 6 -3 -2014
PUBLISHED: 6 -6 -2014
EFFECTIVE DATE: 6 -3 -2014
ORDINANCE NO.: 14 -768
Ordinance No. 14 -768 Page 3 of 3