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ORD 21-907ORDINANCE NO.21-907 AN ORDINANCE of the City of Federal Way, Washington, amending the Federal Way Comprehensive Plan, Comprehensive Plan Map, and Zoning Map, and approving a citizen initiated Comprehensive Plan Map and Zoning Map amendment and legislative rezone of 5.48 acres located East of Pacific Hwy and South of the Redondo Heights Park and Ride, parcels 720480-0172, 720480-0174 and 720480-0165 from High Density Residential (RS 7.2) to Multiple Family (MF 1800). (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, 15-798, 18-843 and 19-866) 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 park 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 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, 2018, January 27, 2011, January 23, 2013, August 14, 2013, July 29, 2015, and January 26, 2018, and April 2, 2019; and Ordinance No. 21-907 Page I of 10 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 WHEREAS, the Council has considered amendments to the text of the comprehensive plan, comprehensive plan map, and zoning map, specifically in relation to the boundaries of the Residential Single Family (RS-7.2) zoning districts and a citizen -initiated change in the comprehensive plan and the zoning designations of parcels 720480-0172, 720480-0174, and 720480- 0165 from High Density Residential/(RS 7.2) classifications to Multiple Family/(MF 1800) classifications (Exhibit A); and WHEREAS, on March 13, 2020, the City's SEPA Responsible Official issued a Determination of Nonsignificance on the comprehensive plan and rezone amendments of parcels 720480-0172, 720480-0174 and 720480-0165; and WHEREAS, in September 2015, the City of Federal Way accepted a request from Puget Center Property for Site Specific Request No. l; and WHEREAS, the City's Planning Commission held a public hearing on December 2, 2020, at the close of which they recommended to the council approval of the following amendments: 1) Change Comprehensive Plan map of parcels 720480-0172, 720480-0174 and 720480-0165 from a High -Density Residential classification to a Residential Multifamily classification; 2) Rezone parcels Ordinance No. 21-907 Page 2 of 10 720480-0172, 720480-0174, and 720480-0165 from a Residential Single Family (RS-7.2) zone to a Residential Multifamily (RM 1800) zone; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered the comprehensive plan amendments on October 20, 2020, following which it recommended approval of the Planning Commission's recommendations; and WHEREAS, the City Council, through its staff, Planning Commission, City Council committees, received, discussed, and considered the testimony, written comments, and material from the public, and considered the matter at its City Council meeting on October 6, 2020 and WHEREAS, the City Council desires to approve the: 1) Amendments to the text of the comprehensive plan; 2) Amendments to the comprehensive plan map and zoning map boundaries of the RS 7.2 and the RM 1800 zoning districts; 3) Approval of the citizen -initiated request for changes to the comprehensive plan and zoning designations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. (a) Regarding the site -specific request to amend to the Comprehensive Plan Map and zoning designation of 5.48 acres, located east of Pacific Highway and south of the Redondo Heights Park and Ride on 276th Street from High -Density Residential (zone RS 7.2, one unit per 7,200 square feet) to Multiple Family (zone RM 1800, one unit per 1800 square feet) (Exhibit A): (i) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, attached hereto, is consistent with the following goals of the Federal Way Comprehensive Plan: Ordinance No. 21-907 Page 3 of 10 Overall Housing Goal: Preserve, protect, and enhance Federal Way's existing high - quality residential neighborhoods and promote a variety of opportunities to meet the housing needs of all residents of the community and region. 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; Housing Policy 2 Amend development regulations to accommodate a diverse range of housing forms that are compatible with neighborhood character and create an effective transition between the City Center, business areas, and residential neighborhoods. Housing Goal 5 Develop a range of affordable housing opportunities for low- income households consistent with the CWPPs and the needs of the community. Housing Policy 22 As required by the CWPPs, maintain sufficient land supply and adequate zoning within the City to accommodate those types of housing consistent with the City's affordable housing targets Land Use Goal 4 Provide a wide range of housing types and densities commensurate with market demand, adopted housing targets, and the community's needs and preferences Land Use Policy 8 Designate and zone land to provide for Federal Way's share of regionally adopted demand forecasts for residential, commercial, and industrial uses for the next 20 years. Ordinance No. 21-907 Page 4 of 10 Land Use Policy 21 Support multi -family development with transportation and capital facilities improvements. Land Use Policy 22 Multi -family residential development should be designed to provide privacy and common open space. Variations in facades and rooflines should be used to add character and interest to multiple - family developments. Land Use Policy 23 Encourage the establishment of street patterns and amenities that encourage walking, bicycling, and transit use. (ii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, is consistent with language in the Federal Way Comprehensive Plan's Land Use element, which states that "The multi -family residential land use designation represents an opportunity to provide a range of housing types to accommodate anticipated residential growth. The increase in population, aging population, increasing diversity, decline in average family size, and high cost of single-family homes have created heavy demand for new housing types"; and (iii) The proposed amendment to the Comprehensive Plan Map, as set forth in Exhibit A, 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, is consistent with the goal of the King County Countywide Planning Policies for Ordinance No. 21-907 Page 5 of 10 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 A, is consistent with the Puget Sound Regional Council ("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, 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, 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, asset forth in Exhibit A, 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, bears a substantial relationship to the public health, safety, and welfare; is in the best interest of the public and the residents of the City; and is consistent with the Ordinance No. 21-907 Page 6 of 10 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, is consistent with the applicable provisions of the Federal Way Comprehensive Plan, 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, attached hereto, has complied with the appropriate process under state law and the FWRC. Section 2. Comprehensive Plan, Coml2rehensive Plan Maps, and Zoning Map Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2008, 2009, 2010, 2011, 2013, 2015, 2017, and 2018, copies of which are on file with the Office of the City Clerk, the comprehensive plan maps, and zoning map are amended as set forth in Exhibit A, 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. Ordinance No. 21-907 Page 7 of 10 Section 5. Savi»gs Clause. The 1995 Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2008, 2009, 2010, 2011, 2013, 2015, 2017 and 2018 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. 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 19th day of January, 2021. [signatures to follow] Ordinance No. 21-907 Page 8 of 10 CITY OF FEDERAL WAY: LL, MAYOR ATTEST: 4&hlwfi-"44�1 E HANIE COURT , CMC, CITY CLERK APPROVED AS TO FORM: eafl'- CA J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 12/09/2020 PASSED BY THE CITY COUNCIL: 01/19/2021 PUBLISHED: 01 /22/2021 EFFECTIVE DATE: 01/27/2021 ORDINANCE NO.: 21-907 Ordinance No. 21-907 Page 9 of 10 PL S fA � N • • iR2STF{ � x r • IBTH AV16TH — AV S S��T W PACIFIC ►j �' ' S ic i n o a o <<= v 0 a P-4 ;C o p� as d a ;� ~�� A x R IC 3 0 y T o 0 HIV � N 20TH PL 5 �ji9� r S q 3 00 o N Co 5 Rd s ' ISoz ti 22ND AyS N 3 O c ^� Uflz r o 0 oDo o M CL CD N n K m 2 (D r•F CD CD0� 3 N -0 ycD� m �10 v 3 � n (a CDa ^may �Cx (D �D �',y o Cr 6 ? O N (D (/� (gyp N C• r-F o m ..;! c >^' O N * �' . ^ v� o � _ 'G (D (D 11 n-0C TI O U) 3 :D N 7 lG ( CD D VI U3 y Ordinance No 21-907 0 O-Page 10 of 10