RES 15-698 - Demonstrating Completion of 2015 Growth Management Act Periodic UpdateRESOLUTION NO. 15 -698
A RESOLUTION of the City Council of the City of Federal Way,
Washington, demonstrating completion of the 2015 Growth
Management Act Periodic Update.
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, RCW 36.70A.130(4) required the City of Federal Way, a "fully planning" city
within King County, to update its comprehensive plan and development regulations, including its
policies and regulations designating and protecting critical areas in order to comply with the
requirements of Chapter 36.70A RCW by June 30, 2015; and
WHEREAS, updates can be done on a continuing basis, but must be done in a deliberate
manner every eight years according to a schedule established by RCW 36.70A.130(4); and
WHEREAS, the deliberate GMA Update process includes four basic steps: (1) establishment
of a public participation program that identifies procedures and schedules for the review, evaluation,
and possible revision process; (2) review of relevant plans and regulations; (3) analysis of need for
revisions; and (4) adoption of an appropriate resolution and /or amendments; 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
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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; June 16, 2005; July 16, 2007; June 11, 2009; October 28, 2010;
January 27, 2011; January 23, 2013; August 14, 2013; and July 29, 2015; and
WHEREAS, as part of its annual comprehensive plan and development regulations update,
the City has established a public participation program, which consists of a docket program,
notification of citizens interested in applying for amendments to the comprehensive plan and
development regulations; publishing notices in the paper, and posting notices on all official notice
boards; and
WHEREAS, as part of the Periodic Update, the City established a public participation
program, which started with a March 19, 2014 Open House hosted by the Planning Commission; and
WHEREAS, a Comprehensive Plan Update Web Page and a Critical Areas Update Web Page
were created; and
WHEREAS, an Interested Parties List, and a Notify Me list were created for both the
Comprehensive Plan Update and the Critical Areas Ordinance Update; and
WHEREAS, on -line surveys were created to solicit public input on both the Comprehensive
Plan Update and the Critical Areas Ordinance Update; and
WHEREAS, as each chapter of the comprehensive plan was updated, it was presented to the
Planning Commission at a study session (July 2, 2014; September 17, 2014; October 15, 2014;
November 19, 2014; December 17, 2014; January 21, 2015, February 4, 2015; March 18, 2015; April
15, 2015; and May 6, 2015); the chapter was posted on the Web Page; and interested parties were
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notified; and
WHEREAS, a stakeholders group consisting of community representatives was created for
the Critical Areas Ordinance Update; and
WHEREAS, the Planning Commission conducted two study sessions on the critical area
amendments on March 4, 2015 and April 15, 2015; and
WHEREAS, as part of the Periodic Update, staff reviewed the Department of Commerce
Comprehensive Plan and Development Regulations Update Checklists, and the Puget Sound
Regional Council's Update Checklist; and
WHEREAS, staff determined that Chapter 1, Introduction; Chapter 2, Land Use; Chapter 3,
Transportation; Chapter 4, Economic Development; Chapter 5, Housing; Chapter 6, Capital
Facilities; Chapter 7, City Center; Chapter 8, Potential Annexation Area; Chapter 9, Natural
Environment; and Chapter 10, Private Utilities of the Federal Way Comprehensive Plan and the
Critical Areas Ordinance must be updated to comply with the requirements of Chapter 36.70A
RCW, VISION 2040, and the Countywide Planning Policies; and
WHEREAS, the City has not considered amendments to Chapter 11, Shoreline Master
Program, or Chapter 12, Twin Lakes Commercial District Subarea Plan, because these chapters were
adopted in 2011 and 2012 respectively, and no updates were necessary to comply with Chapter
36.70A RCW, VISION 2040, and the Countywide Planning Policies; and
WHEREAS, the Department of Commerce Development Regulations Update Checklist
required a city located adjacent to I -5, I -90, I -405, or SR 520 to adopt regulations that allow electric
vehicle infrastructure as a use in all areas except those zoned for residential or resource use, or
critical areas; and
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WHEREAS, staff found that although the City has not adopted specific regulations to allow
electric vehicle infrastructure, the City allows Level 1 and 2 charging stations in all zones, Level
charging stations as accessory to all non - residential uses, and by interpretation allows battery
exchange stations in all zones where vehicle service stations, car wash, vehicle service, or vehicle
repair are presently allowed, which are the majority of the non - residential zones; and
WHEREAS, staff determined that no additional changes were needed to the development
regulations; and
WHEREAS, between March 2014 and May 2015, staff updated Chapters 1 through 10 of the
Federal; Way Comprehensive Plan and updated the Critical Areas Ordinance consistent with the
requirements of Chapter 36.70A RCW, VISION 2040, and the Countywide Planning Policies; and
WHEREAS, on May 20, 2015, the City of Federal Way Planning Commission held public
hearings on the proposed revisions to the Federal Way Comprehensive Plan and Critical Areas
Ordinance in order to receive public comments, at the close of which it recommended to the Council
approval of Chapters 1 through 10 of the Federal Way Comprehensive Plan and of the Critical Areas
Ordinance; and
WHEREAS, the Land Use /Transportation Committee of the Federal Way City Council
considered the amendments to the Critical Areas Ordinance on June 1, 2015, and recommended
adoption of the text amendments as recommended by the Planning Commission; and
WHEREAS, the Land Use /Transportation Committee of the Federal Way City Council
considered the 2015 Federal Way Comprehensive Plan amendments on June 1 and 8, 2015, and
recommended approval of Chapters 1 through 10 of the Federal Way Comprehensive Plan as
modified by them; and
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WHEREAS, the City Council, through its staff, Planning Commission, and Land
Use /Transportation Committee, received, discussed, and considered the testimony, written
comments, and material from the public, and considered the proposed revisions to the Federal Way
Comprehensive Plan and Critical Areas Ordinance at its City Council meeting on June 16, 2015, at
the end of which the City Council moved to adopt the following ordinances:
1. Ordinance No. 15 -796, AN ORDINANCE of the City of Federal Way, Washington, relating
to amendments to the Federal Way Comprehensive Plan, amending Chapters 1 through 10 of
the Federal Way Comprehensive Plan (Amending Ordinance Nos. 90 -43, 95 -248, 96 -270,
98 -330, 00 -372, 01 -405, 03 -442, 04 -460, 04 -461, 04 -462, 05 -490, 05 -491, 05 -492, 07 -558,
09 -614, 10 -671, 11 -683, 13 -736, and 13 -745); and
2. Ordinance No. 15 -797, AN ORDINANCE of the City of Federal Way, Washington, relating
to environmentally critical areas (Amending Ordinance Nos. 90 -40, 90 -43, 90 -79, 91 -105,
91 -123, 93 -192, 97 -291, 99 -353, 04 -468, 07 -554, 08 -585, 09 -593, 09 -594, 09 -605, 09 -607,
09 -610, 12 -711, 12 -713, 13 -754, 14 -771, and 14 -778); and
3. Ordinance No. 15 -798, AN ORDINANCE of the City of Federal Way, Washington, relating
to amendments to the Federal Way Comprehensive Plan, amending the Federal Way
Comprehensive Plan, approving changes in Comprehensive Plan Designations and Zoning of
Site Specific Rezone No. 1 - 4.63 acres located at 36027 and 36005 6th Avenue SW from
Single - Family Medium Density Residential (RS15.0) to Single - Family High Density
Residential (RS9.6); Site Specific Rezone No. 2 -1.82 acres, located at 33061 15th Avenue
South and 1411 South 330th Street from Office Park (OP) to Community Business (BC); Site
Specific Rezone No. 3 - 0.18 acres, located at 1443 South 308th Street from Multiple Family
(RM1800) to Community Business (BC); and Site Specific Rezone No. 4 - 1.97 acres
located at 32020 1st Avenue South from Professional Office (PO) to Office Park (OP)
(Amending Ordinance Nos. 90 -43, 95 -248, 96 -270, 98 -330, 00 -372, 01 -405, 03 -442, 04 -460,
04 -461, 04 -462, 05 -490, 05 -491, 05 -492, 07 -558, 09 -614, 10 -671, 11 -683, 13 -736, and 13-
745).
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Compliance
A. The City of Federal Way comprehensive plan and development regulations, as set forth in
Ordinance Numbers 15 -796 and 15 -798, previously transmitted to the Washington State Department
of Commerce on July 28, 2015, and Ordinance Number 15 -797 transmitted on August 25, 2015, are
in substantial compliance with applicable law, including Chapter 36.70A and Chapter 43.21C RCW
and has been prepared with appropriate public participation and has complied with Process VI
review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC, the City of Federal Way's process
to amend the comprehensive plan and development regulations.
B. The City will continue to update its comprehensive plan and development regulations
annually.
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
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.
Resolution No. 15 -698 Page 6 of 7
Section 5. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this 17th day of November, 2015.
CITY OF FEDERAL WAY
ATTEST:
C Y LERK, STEPHANIE URTNEY, CMC
APPROVED AS TO FORM:
CITY AT ► • ' EY, AMY JO PEARSALL
FILED WITH THE CITY CLERK: 11/13/2015
PASSED BY THE CITY COUNCIL: 11/17/2015
RESOLUTION NO.: 15 -698
Resolution No. 15 -698
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