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RES 15-693 - Denying Youngspring LLC Request for Amendment to Comp Plan RESOLUTION NO. #15-693 A RESOLUTION of the City of Federal Way,Washington,denying the Youngspring LLC request for an amendment to the text of the City's Comprehensive Plan. 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 which includes a land use element(including a land use map),housing element,capital facilities plan element,utilities element, economic development element,transportation element(including transportation system maps),and a parks and recreation element; 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 WHEREAS,the Federal Way City Council 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;and June 16,2005;July 16,2007;June 11,2009;October 28,2010; January 27, 2011; January 23, 2013; and August 14, 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 Resolution No. 15-693 Page 1 of 4 WHEREAS, as part of the periodic major update to the Federal Way Comprehensive Plan ("2015 Comprehensive Plan Amendments"),the Council has considered a citizen-initiated request for an amendment to the text of the Federal Way Comprehensive Plan, Chapter 2,Land Use, from Youngspring LLC ("Proposed Amendment"); and WHEREAS,on May 1,2015,the City's SEPA Responsible Official issued a Determination of Nonsignificance on the 2015 Comprehensive Plan Amendments including the Proposed Amendment; and WHEREAS, the City's Planning Commission held a public hearing on May 20, 2015, considered the Proposed Amendment, and recommended denial of the same; and WHEREAS,the Land Use and Transportation Committee of the Federal Way City Council considered the Proposed Amendment on June 1, 2015, and recommended denial of the same; and o J same;p > WHEREAS, the City Council, through its staff, Planning Commission, and Land Use and Transportation Committee, received, discussed, and considered the testimony, written comments, and material from the public, and considered the Proposed Amendment at its City Council meeting on June 16, 2015; and WHEREAS, the City Council desires to deny the request by Youngspring LLC for an amendment to the text of the Federal Way Comprehensive Plan, Chapter 2, Land Use. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. (a)The Proposed Amendment to allow senior housing(including assisted living and nursing homes) in the Commercial Enterprise ("CE") zone is not consistent with the vision for the CE Resolution No. 15-693 Page 2 of 4 designation in the City's Comprehensive Plan and the City's overall economic development goals. The proposed amendment would allow development that may be incompatible with the surrounding land uses, as many of the allowed uses in the CE zone involve high volume truck and industrial traffic. Uses in the CE zone also involve early morning and 24 hour operation,noise,and potential odors. (b) The area presently lacks sidewalks on many roads; therefore, it is not suitable for pedestrian or wheelchair use(Pacific Highway South is planned to be widened with sidewalks and street trees, beginning in late Summer/Fall of 2015 with construction expected to be completed in 2018. In addition, South 352nd Street will be improved with sidewalks on both sides from Pacific Highway South to 16th Avenue South, in the Fall of 2015). (c) Transit service is limited, except on major roads. (d) There are no park facilities in the zone. (e) Allowing residential uses in this environment may result in conflict and complaints between existing industrial and newly allowed residential uses;therefore,the Proposed Amendment does not bear a substantial relationship to public health, safety, and welfare; and is not in the best interest of the residents of the City. Section 2. Severability.If any section,sentence,clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of Resolution No. 15-693 Page 3 of 4 scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4.Ratification.Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5.Effective Date.This Resolution shall be effective immediately upon passage by the Federal Way City Council. PASSED by the City Council of the City of Federal Way this 16th day of June, 2015. CITY OF FEDERAL WAY 4.9 ,- ,i A., ►,A OR, JIM FERRELL ATTEST: i 1 �M r a) C I OF I RK, STEPHANIE COUR ', CMC APPROVED AS TO FORM: Ay‘ !f, //f f for CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: 06/11/2015 PASSED BY THE CITY COUNCIL: 06/16/2015 RESOLUTION NO.: 15-693 Resolution No. 15-693 Page 4 of 4