Ord 93-173
ORDINANCE NO.
93-173
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING THE
FEDERAL WAY ZONING CODE, ORDINANCE 90-43, BY
AMENDING SECTIONS 22-752 TO ALLOW TIRE STORES
AS A PERMITTED USE IN THE BC ZONE.
WHEREAS, amendments to the Federal Way Zoning Code text
are authorized pursuant to Federal Way Zoning Code §22-276 and §22-
516; and
WHEREAS,
the
City
of
Federal
Way
City
Council
has
considered a proposed change to the Federal Way Zoning Code to
allow tire stores to be located in the City Center ("CC")
zone
("Proposal"); and
WHEREAS,
the
Federal
Way
City
Council,
pursuant
to
Federal Way Zoning Code §22-517, having determined the proposal to
be worthy of legislative consideration, referred the proposal to
the Planning Commission for its review and recommendation; and
WHEREAS, the Planning Commission, having considered the
proposal at a public hearing on March 17,1993, pursuant to Federal
Way Zoning Code §22-523, and all public notice having been duly
given pursuant to Federal Way Zoning Code §22-521; and
WHEREAS,
following the public hearing,
the Planning
commission submitted to the appropriate Council Committee
its
recommendation against a proposed zoning text amendment to allow
tire stores in the City Center
("CC")
Zone and in favor of a
ORD. NO.
93-173
, PAGE 1
COpy
proposed zoning text amendment to allow .tire stores as a permitted
use in the Community Business
Council Committee; and
(IIBC")
Zone to the appropriate
WHEREAS, the Federal Way Land Use Council Committee on
April 13,
1993,
considered the recommendation of the Planning
Commission
and
has
moved
to
forward
the
Planning
Commission
recommendation to full Council; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
Findinqs.
The city Council of the City of
Federal Way makes the following findings with respect to these
amendments:
1.
The city of Federal Way Comprehensive Plan is clear
that the City Center zone is intended for pedestrian
oriented use that contributes to cultural recreation and
social activities.
Tire centers are entirely geared to
providing auto services and as such attract increased
traffic into the City Center zone.
This being the case,
the CC zone is an inappropriate location for retail tire
centers.
2.
Declining to allow tire stores to be a permitted use
in the CC zone perpetuates the developing character of
the
City Center zone as
a high density,
pedestrian
oriented area, served by transient.
ORD. NO.
93-173
, PAGE 2
ORD. NO.
3.
Retail tire centers are by nature auto oriented,
characterized by a high number of vehicle movements
throughout the day and by a need for a large parking area
to accommodate vehicles that are waiting to be worked or
picked up.
In appearance they are generally dominated by
a one or two floor workshop with large bay doors on the
front elevation, high impact and bold advertising in or
surrounded by parking areas.
To this extent, they have
much in common with auto repair shops.
4.
The Comprehensive Plan describes the purpose and
intent of the City Center zoning classification with the
following statement:
"The city Center is the economic center of the City
providing services to a sub-regional population
base. It is intended to be a compact pedestrian
oriented shopping and employment district that
provides a variety of urban activities and
services. As a focal point for cultural,
recreational and social activities, the City Center
should be safe, attractive and convenient. Uses in
this district should meet high standards for design
and appearance."
5.
city
Tire centers do not enter into this description of
Center
Tire
centers
uses.
clearly
not
are
pedestrian
oriented,
nor do
they
attract
pedestrian
customers and because of frequent vehicular movements are
inappropriate uses in a pedestrian area.
6.
The
zoning
Comprehensive
Plan
City
Center
classification also states that city Center uses must
contribute to the Center "a focal point for cultural
recreation and social activities."
93-173
, PAGE 3
7.
Tire centers are not normally associated with City
Center-type uses nor because of their appearance
in
generation of traffic, can they satisfactorily locate
next to such City Center uses without detracting from
townscape quality.
8.
The more appropriate Code amendment would be to
allow tire centers in MP zones consistent with the Code
relating to auto body repair and paint shops.
This is
true because tire centers and auto body repair and paint
shops are very similar in character.
Tire retail centers
are appropriate in the same location as auto body repair
and
paint
shops.
Therefore,
a
more
appropriate
alternative would be to amend the Code to allow retail
tire centers as a permitted use in BC zones.
9.
To allow tire stores as a permitted use in the BC
zones expands the range of site opportunities for tire
stores.
section 2.
Conclusions.
Pursuant to Federal Way Zoning
Code §22-277 and based upon the Findings, the Federal Way city
Council makes the following Conclusions of Law with respect to the
Decisional Criteria necessary for this amendment:
1.
The
proposed
amendment
is
consistent
with
the
Comprehensive Plan in that:
The
comprehensive
plan
does
not
specifically
discuss
the
community
business
designation.
ORD. NO.
93-173
, PAGE 4
ORD. NO.
However,
it
a
does
acknowledge
heirarchy
of
business centers ranging from neighborhood scale
business centers serving a local population of up
to 5,000 people, and the city center which provides
retail goods and services to the entire city and
surrounding areas.
The zoning code also reflects
the
council's
intent
hierarchy
to
have
of
a
business centers in the fact that it includes a
Neighborhood
Business
(NB,
a
Community
zone
Business zone (BC) and a City Center zone (CC).
In
addition, the permitted uses in the cc zone are
considerably more intense than those permitted in
the NB
Finally,
their July 2,
at
zone.
1991
meeting,
City Council
the
found that
community
business centers are intended for use by the entire
community
just
not
for
local
neighborhoods.
Moreover, the types of land uses permitted in the
BC
(specifically
establishments
retail
zone
providing vehicle sales, service and repair)
are
similar
to
compatible
and
with
tire
stores.
Conversely,
the types of uses permitted in the
other two business zones are not similar to or
compatible with tire stores.
For these reasons,
tire stores in the BC zone are consistent with the
intent of the comprehensive plan.
93-173
, PAGE 5
2.
The proposal bears a substantial relation to the
public health, safety and welfare in that:
Tire stores in the BC zone are similar to and
compatible with other uses permitted in the BC zone
and will not adversely impact the public health,
safety and welfare.
3.
The
proposal
is
in
the
best
interest
of
the
residents of the City in that:
Permitting tire stores in the BC zone will allow
residents to obtain needed goods and services in
their local communities without having to travel
long distances across town thereby reducing traffic
congestion and the need for additional arterial
capacity.
section 3.
Amendment.
Federal Way Zoning Code §22-752
is
amended
as
set
out
in
Exhibit
A,
attached
hereto
and
incorporated by reference, to allow tire stores as a permitted use
in a BC zone.
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
ORD. NO.
93-173
, PAGE 6
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
Section 5.
Effective Date.
This ordinance shall be
effective thirty (30) days after passage, as provided by law.
PASSED by the city council of the City of Federal Way
this
4th
day of
Kav
, 1993.
CITY OF FEDERAL WAY
~~7,~
MAYOR, ROBERT STEAD
M. SWANEY, CMC
APPROVED AS TO FO :
~LYN
A. LAKE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: Kay 11, 1993
EFFECTIVE DATE: June 3, 1993
ORDINANCE NO. 93-173
April14,1993
Hay 4,1993
Kaúú",rlardinltires.bc
CIlID. NO.
93-173
, PAGE 7
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