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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 Resolution No. 15 -698 Page 1 of 7 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 Resolution No. 15 -698 Page 2 of 7 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 Resolution No. 15 -698 Page 3 of 7 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 Resolution No. 15 -698 Page 4 of 7 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). Resolution No. 15 -698 Page 5 of 7 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 Page 7 of 7