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ORD 18-843ORDINANCE NO. 18-843 AN ORDINANCE of the City of Federal Way, Washington, relating to amendments to the Federal Way Comprehensive Plan, Comprehensive Plan Map, and Zoning Map; amending the Federal Way Comprehensive Plan, Comprehensive Plan Map, and Zoning Map; and approving Site Specific Request No. 1 - Puget Center Property, Site Specific Request No. 2 - Campbell, and Site Specific Request No. 3 - Dematteis/Gabrielson Property. (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, 13-745, 15- 796, and 15-798) 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 that 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 comprehensive plan 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 Federal Way Comprehensive Plan, Comprehensive Plan 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, the City may consider Plan and development regulation amendments pursuant to Ordinance No. 18-843 Page 1 of 15 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 Federal Way City Council has considered amendments to the Federal Way Comprehensive Plan, Comprehensive Plan Map, and Zoning Map, specifically in relation to the following three citizen -initiated requests: (1) Parcels 082104-9074, 082104-9076, and 082104-9167, 4.03 acres located north of South 312th Street and east of 1st Avenue South, from Neighborhood Business (BN) to Single Family High -Density Residential and Single Family (RS 7.2, one unit per 7,200 square feet) ("Site Specific Request No. 1") (Exhibit A); (2) Parcel 322104-9059, 5.0 acres located at 610 South 376th Street, from Single Family Low Density Residential and Suburban Estates (SE, one unit per five acres) to Single Family Medium Density Residential and Single Family (RS 35.0, one unit per 35,000 square feet) ("Site Specific Request No. 2") (Exhibit B); and (3) Parcels 132103-9002, 132103-9091, and 132103-9036, 2.3 acres located at 2200 SW 320th Street, 32009 21st Avenue SW, and 32011 21st Avenue SW, from Professional Office (PO) to Single Family High Density and Single Family (RS 5.0, one unit per 5,000 square feet) ("Site Specific Request No. 3") (Exhibit C); and WHEREAS, in September 2015, the City of Federal Way accepted a request from Puget Center Property for Site Specific Request No. 1; and WHEREAS, in August 2016, the City of Federal Way accepted a request from Mike and Kelly Campbell for Site Specific Request No. 2; and Ordinance No. 18-843 Page 2 of 15 WHEREAS, in September 2015, the City of Federal Way accepted a request from Mark Freitas for Site Specific Request No. 3; and WHEREAS, on October 6, 2017, the City's SEPA Responsible Official issued a Determination of Nonsignificance on Site Specific Request No. 1, Site Specific Request No. 2, and Site Specific Request No. 3; and WHEREAS, the City's Planning Commission held a public hearing on October 25, 2017, at the close of which it recommended to the City Council approval of Site Specific Request No. 1, Site Specific Request No. 2, and Site Specific Request No. 3; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered Site Specific Request No. 1, Site Specific Request No. 2, and Site Specific Request No. 3 on December 4, 2017, and recommended approval of the same; and WHEREAS, the City Council, through its staff, Planning Commission, and Land Use/ Transportation Committee, received, discussed, and considered the matter at its City Council meeting on January 2, 2018; and WHEREAS, the City Council desires to approve the change in comprehensive plan designation and zoning of Site Specific Request No. 1, Site Specific Request No. 2, and Site Specific Request No. 3. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. (a) Site Specific Request No. 1 — Proposed amendment to the Comprehensive Plan Map to change the comprehensive plan and zoning designation of 4.03 acres, located north of South 312th Street and east of 1st Avenue South, from Neighborhood Business (BN) to Single Family High - Ordinance No. 18-843 Page 3 of 15 Density Residential and Single Family (RS 7.2, one unit per 7,200 square feet) (Exhibit A). (i) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, Site Specific Request No. 1, attached hereto, is consistent with the following goals of the Federal Way Comprehensive Plan: Housing Goal (HG) 1 Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character; Land Use Goal (LUG) 1 Create an attractive, welcoming and functional built environment; Land Use Goal (LUG) 3 Preserve and protect Federal Way's single -family neighborhoods; and (ii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, Site Specific Request No. 1, attached hereto, is consistent with language in the Federal Way Comprehensive Plan's Land Use element, which states that "The demand for and development of single -family housing is expected to continue for the foreseeable future. Single -family development will occur as in-fill development of vacant lots scattered throughout existing neighborhoods and as subdivisions on vacant tracts of land"; and (iii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, Site Specific Request No. 1, attached hereto, is consistent with the GMA goal to "Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner"; and (iv) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, Site Specific Request No. 1, attached hereto, is consistent with the goal of the King County Countywide Planning Policies for growth to occur in a compact, centers-focused pattern that uses land and infrastructure efficiently; and Ordinance No. 18-843 Page 4 of 15 (v) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, Site Specific Request No. 1, attached hereto, is consistent with the ("PSRC") goal of Vision 2040 to focus growth within already urbanized areas to create walkable, compact, and transit - oriented communities that maintain unique local character; and (vi) The proposed amendment to the Comprehensive Plan Map as set forth in Exhibit A, Site Specific Request No. 1, attached hereto, will not negatively affect open space, streams, lakes, wetlands, or the physical environment; and (vii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, Site Specific Request No. 1, attached hereto, is consistent with the Council vision for the City of Federal Way, and will allow development that is compatible with the surrounding land uses; and (viii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, Site Specific Request No. 1, attached hereto, will allow for growth and development consistent with the Federal Way Comprehensive Plan's overall vision and with the Federal Way Comprehensive Plan's land use element, household and job projections, and will allow reasonable use of property subject to constraints necessary to protect environmentally sensitive areas; and (ix) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, Site Specific Request No. 1, attached hereto, bears a substantial relationship to the public health, safety, and welfare; is in the best interest of the residents of the City; and is consistent with the requirements of Chapter 36.70A RCW, VISION 2040, and the King County Countywide Planning Policies; and (x) The proposed amendment to the Zoning Map, set forth in Exhibit A, Site Specific Request No. 1, attached hereto, is consistent with the applicable provisions of the Federal Ordinance No. 18-843 Page 5 of 15 Way Comprehensive Plan and the Comprehensive Plan Map proposed to be amended in Section 2 below, bears a substantial relation to public health, safety, and welfare, and is in the best interest of the public and the residents of the City; and (xi) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, Site Specific Request No. 1, attached hereto, has complied with the appropriate process under state law and the FWRC. (b) Site Specific Request No. 2 — Proposed amendment to the Comprehensive Plan Map to change the comprehensive plan and zoning designation of 5.0 acres, located at 610 South 376th Street, from Single Family Low Density Residential and Suburban Estates (SE, one unit per five acres) to Single Family Medium Density Residential and Single Family (RS 35.0, one unit per 35,000 square feet) (Exhibit B). (i) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit B, Site Specific Request No. 2, attached hereto, is consistent with the following goals of the Federal Way Comprehensive Plan: Housing Goal (HG) 1 Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character; Land Use Goal (LUG) 1 Create an attractive, welcoming and functional built environment; Land Use Goal (LUG) 3 Preserve and protect Federal Way's single-family neighborhoods; and (ii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit B, Site Specific Request No. 2, attached hereto, is consistent with the language in the Federal Way Comprehensive Plan's land use element, which states, "The demand for and development of single-family housing is expected to continue for the foreseeable future. Single-family development Ordinance No. 18-843 Page 6 of 15 will occur as in -fill development of vacant lots scattered throughout existing neighborhoods and as subdivisions on vacant tracts of land"; and (iii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit B, Site Specific Request No. 2, attached hereto, is consistent with the GMA goal to "Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner"; and (iv) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit B, Site Specific Request No. 2, attached hereto, is consistent with the goal of the King County Countywide Planning Policies for growth to occur in a compact, centers -focused pattern that uses land and infrastructure efficiently; and (v) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit B, Site Specific Request No. 2, attached hereto, is consistent with the ("PSRC") goal of Vision 2040 to focus growth within already urbanized areas to create walkable, compact, and transit - oriented communities that maintain unique local character; and (vi) The proposed amendment to the Comprehensive Plan Map as set forth in Exhibit B, Site Specific Request No. 2, attached hereto, will not negatively affect open space, streams, lakes, or wetlands, or the physical environment; and (vii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit B, Site Specific Request No. 2, attached hereto, is consistent with the City Council vision for the City of Federal Way, and will allow development that is compatible with the surrounding land uses; and (viii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit B, Site Specific Request No. 2, attached hereto, will allow for growth and development Ordinance No. 18-843 Page 7 of 15 consistent with the Federal Way Comprehensive Plan's overall vision and with the Federal Way Comprehensive Plan's land use element, household and job projections, and will allow reasonable use of property subject to constraints necessary to protect environmentally sensitive areas; and (ix) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit B, Site Specific Request No. 2, attached hereto, bears a substantial relationship to the public health, safety, and welfare; is in the best interest of the residents of the City; and is consistent with the requirements of Chapter 36.70A RCW, VISION 2040, and the King County Countywide Planning Policies; and (x) The proposed amendment to the Zoning Map, set forth in Exhibit B, Site Specific Request No. 2, attached hereto, is consistent with the applicable provisions of the Federal Way Comprehensive Plan and the Comprehensive Plan Map proposed to be amended in Section 2 below, bears a substantial relation to public health, safety, and welfare, and is in the best interest of the public and the residents of the City; and (xi) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit B, Site Specific Request No. 2, attached hereto, has complied with the appropriate process under state law and the FWRC. (c) Site Specific Request No. 3 — Proposed amendment to the Comprehensive Plan Map to change the comprehensive plan and zoning designation of 2.3 acres, located at 2200 SW 320th Street, 32009 21st Avenue SW, and 32011 21st Avenue SW from Professional Office (PO) to Single Family High Density and Single Family (RS 5.0, one unit per 5,000 square feet) (Exhibit C): (i) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit C, Site Specific Request No. 3, attached hereto, is consistent with the following goals of the Federal Way Comprehensive Plan: Ordinance No. 18-843 Page 8 of 15 Housing Goal (HG) 1 Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character; Land Use Goal (LUG) 1 Create an attractive, welcoming and functional built environment; Land Use Goal (LUG) 3 Preserve and protect Federal Way's single-family neighborhoods; and (ii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit C, Site Specific Request No. 3, attached hereto, is consistent with the language in the Federal Way Comprehensive Plan's land use element, which states, "The demand for and development of single-family housing is expected to continue for the foreseeable future. Single-family development will occur as in -fill development of vacant lots scattered throughout existing neighborhoods and as subdivisions on vacant tracts of land"; and (iii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit C, Site Specific Request No. 3, attached hereto, is consistent with the GMA goal to "Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner"; and (iv) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit C, Site Specific Request No. 3, attached hereto, is consistent with the goal of the King County Countywide Planning Policies for growth to occur in a compact, centers -focused pattern that uses land and infrastructure efficiently; and (v) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit C, Site Specific Request No. 3, attached hereto, is consistent with the ("PSRC") goal of Vision 2040 to focus growth within already urbanized areas to create walkable, compact, and transit - Ordinance No. 18-843 Page 9 of 15 oriented communities that maintain unique local character; and (vi) The proposed amendment to the Comprehensive Plan Map as set forth in Exhibit C, Site Specific Request No. 3, attached hereto, will not negatively affect open space, streams, lakes, wetlands, or the physical environment; and (vii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit C, Site Specific Request No. 3, attached hereto, is consistent with the City Council vision for the City of Federal Way, and will allow development that is compatible with the surrounding land uses; and (viii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit C, Site Specific Request No. 3, attached hereto, will allow for growth and development consistent with the Federal Way Comprehensive Plan's overall vision and with the Federal Way Comprehensive Plan's land use element, household and job projections, and will allow reasonable use of property subject to constraints necessary to protect environmentally sensitive areas; and (ix) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit C, Site Specific Request No. 3, attached hereto, bears a substantial relationship to the public health, safety, and welfare; is in the best interest of the residents of the City; and is consistent with the requirements of Chapter 36.70A RCW, VISION 2040, and the King County Countywide Planning Policies; and (x) The proposed amendment to the Zoning Map, as set forth in Exhibit C, Site Specific Request No. 3, attached hereto, is consistent with the applicable provisions of the Federal Way Comprehensive Plan and the Comprehensive Plan Map proposed to be amended in Section 2 below, bears a substantial relation to public health, safety, and welfare, and is in the best interest of the public and the residents of the City; and Ordinance No. 18-843 Page 10 of 15 (xi) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit C, Site Specific Request No. 3, attached hereto, has complied with the appropriate process under state law and the FWRC. Section 2. Comprehensive Plan Map and Zoning Map Amendments Adoption. The 1995 Federal Way Comprehensive Plan, Comprehensive Plan Map, and the 1996 Zoning Map as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010, 2011, 2013, and 2015, copies of which are on file with the Office of the City Clerk, are amended as set forth in Exhibits A, B, and C, attached hereto. Section 3. Amendment Authority. 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. 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 other persons or circumstances. Section 5. Savings Clause. The 1995 Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010, 2011, 2013, and 2015, shall remain in full force and effect until these amendments become operative upon the effective date of this ordinance. Section 6. 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. Ordinance No. 18-843 Page 11 of 15 Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall take effect and be in force five days after passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 16th day of January, 2018. CITY OF FEDERAL WAY: ATTEST: ANIE COURTNEY, APPROVED AS TO FORM: C, CITY CLERK J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 12/22/2017 PASSED BY THE CITY COUNCIL: 01/16/2018 PUBLISHED: 01/19/2018 EFFECTIVE DATE: 01/26/2018 ORDINANCE NO.: 18-843 Ordinance No. 18-843 Page 12 of 15 Ordinance No. 18-843 Page 13 of 15 d\ProlectstSSR Complan120161Maps\Revised_10_3_2 Y I rn -- -------.- A 73 cn . chi c?1 O N 0 o N cp co (1) a> m�CD y N O 7 CP C4 (D T 3 r O 0 L /l N C� (D N Z.Q ca y v < `D CDE13- 0 7 O T 3 O 3 0 (D N t zT 0 3 m N. K p� N 0 (0 0 3 ON (D 0. '< (n = CD rD Tc `D z z 0 (D 0 < (D (D rnv> cr n_ o `.< N D) a (D (I) ^. (D (p O N = 3 '4- 0 0 COcu CD 4 3 m (o CD (Aanuns Ain) ) sweaj;s 0) N CO C CL O (0 N ;senbay oW eds a;is I— CP CD cm r -F m Q. V) -v 0 Ik g 4 v)a•-, hp O C � 1 CO CD o will CD 1:11 CP CD CD cD =i! 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