Ord 99-334
ORDINANCE NO. 99-334
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, REZONING A PORTION OF AN
APPROXIMATELY 15 ACRE SITE GENERALLY LOCATED BETWEEN
SOUTH 282ND AND SOUTH 284TH STREETS, WEST OF MILITARY
ROAD, WITHIN THE CITY OF FEDERAL WAY, FROM SINGLE
FAMILY RESIDENTIAL (RS 9.6) TO SINGLE-FAMILY RESIDENTIAL
(RS 7.2), (REZ92-0003).
WHEREAS, the applicant, Schneider Homes, Inc. has a possessory ownership interest in three
parcels of property comprising approximately 15 acres, located on the west side of Military Road
immediately south of its intersection with Star Lake Road and Interstate 5 oyerpass; and
WHEREAS, the northern approximately 26.5 acres of the property is known as Heritage Woods
Division 1, recorded in the records of King County in Volume 179, Pages 76-83, is presently
zoned RS 7.2; and
WHEREAS, approximately seven acres ofthe tota115 acres of Heritage Woods Division 2,
City of Federal Way File No. SUB98-0003 is presently zoned RS 7.2, while the eastern
approximately eight acres are presently zoned RS 9.6; and
WHEREAS, the applicant is requesting a zoning change (application No. REZ92-0003) for the
eastern eight acres, and is additionally requesting to subdivide Heritage Woods Division 2 into 66
single-family residentia110ts (a portion of the subdiyision commonly known as Heritage Woods),
pursuant to Federal Way Application Nos. SUB91-0001, SUB92-0005 and SUB98-0003; and
WHEREAS, the property to be rezoned in Heritage Woods Division 2 (Division 2 Property) is
legally described as:
That portion of Tracts G, H, & J, Heritage Woods Division 1, according to the
Plat thereof recorded in Volume 179 of Plats, Pages 76 through 83, inclusive, and
located in the NE, SE, and SW 1/4's of Section 33, Township 22N, Range 4E,
W.M. in King County, Washington.
WHEREAS, the applicant in 1992 applied for a project rezone, wherein the City evaluated the
applicant's specific development proposal for the subject property as part of the decision on the
Ordinance No. 99-334
Page 1
rezone; and
WHEREAS, pursuant to Federal Way City Code Section 22-296, a project related rezone is
processed according to Process V described in Section 22-476 of the Code; and
WHEREAS, after all proper notice requirements, a public hearing was held on the specific
rezone and Preliminary Plat Application on June I, 1992; and
WHEREAS, the City of Federal Way Hearing Examiner, having heard public testimony and
reviewed all written comments and evidence presented, issued a recommendation on Rezone and
Preliminary Plat Application on June 16, 1992; and
WHEREAS, the Hearing Examiner recommended that the request for rezone classification
fl-om RS 9.6 to RS 7.2 (application No. REZ92-0003) and the preliminary plat approyal for
Heritage Woods, Federal Way Preliminary Plat Application Nos. SUB91-0001 and SUB92-0005
be approved subject to the conditions contained in the Recommendation on Rezone and
Preliminary Plat Application; and
WHEREAS, Heritage Woods Division 2 has been constructed and financially guaranteed in
compliance with the preliminary plat approval, and Chapter 20 of the Federal Way City Code; and
WHEREAS, the City Council, on October 20, 1992, preliminarily approved the project related
rezone pursuant to the Intent to Rezone in Federal Way City Council Resolution 92-122;
Now, THEREFORE,
THE CITY COUNCIL OF TIIE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS:
Section I Criteria to Rezone The City council makes the following Findings of Fact
pursuant to Federal Way City Code Section 22-489(e):
1. The project related rezone is in the best interests of the residents of the Cit' The
applicant is developing the site in accordance with all City codes and regulations. Also, the
applicant is buffering existing adjoining developments, protecting and restoring sensitive areas,
and providing walkways to ensure safe access to schools.
2.
The orQPosed rezone is ij)prQpriate because the rezone will colTect a classification or
zone boundalV that was il1l\P.prooriate when established The site is located within the suburban
residential land use classification of the applicable comprehensive plan. Both RS 7.2 and RS 9.6
Ordinance No. 99-334 Page 2
single family zones are allowable within this classification. The properties adjoining the south and
west, and Division 1 to the north are currently zoned RS 7.2. Division 2 is split zoned, with
approximately 45 percent being zoned RS 7.2. The RS 9.6 properties are generally located along
the eastern portion of the site. The requested zone classification would allow comparable density
and development standards throughout the entire site.
3.
The proiect related rezone is consistent with the Federal Wav City Code in all
respects. The City's Community Development Review Committee has reviewed the proposal in
relation to all zoning code requirements and regulations. As proposed and recommended by City
staff, the Heritage Woods Division 2 final plat and rezone complies with all applicable codes and
regulations.
4.
The site nlan of the proposed proiect is desi~ned to minimize all adverse impacts on
developed properties in the immediate yiciniW of the subiect property The potential for adverse
impacts resulting ITom the proposed development was considered through the environmental
review process. Measures to minimize or eliminate identified adverse impacts were required
through that process.
5. The site is designed to minimize impacts upon public services and utilities. In
conjunction with required off site improvements, streets and utilities within this area are adequate
to serve the development. No impacts to public services have been identified.
Section 2 Findin!!:s of Fact. The City Council of the City of Federal Way adopts the Findings
of Fact contained in the Hearing Examiner's June 16, 1992, Recommendation on Rezone and
Preliminary Plat Application, attached hereto as Exhibit A and incorporated herein by this
reference.
The applicant has Constructed and financially guaranteed Heritage Woods Division 2 in
conformance with the Intent to Rezone in Resolution 92-122, and the preliminary plat approval.
Section 3 Rezone. The Heritage Woods Division 2 (Division 2 Property) is located generally
between South 282nd and 284th Streets, west of Military Road, and within the City of Federal
Way is hereby rezoned ITom Single-Family Residential (RS 9.6) to Single-Family Residential(RS
7.2), and subject to those conditions contained in the October 2, 1992, Decision of the Hearing
Examiner on Reconsideration attached hereto as Exhibit B and incorporated herein by this
reference.
Ordinance No. 99-334
Page 3
Section 4 Severabili*, If any section, sentence, clause, or phrase ofthis ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such inYaiidity or
unconstitutionality shall not affect the validity or constitutionality of any section, sentence, clause,
or phrase of this ordinance.
Section 5 Effective Date This ordinance shall be effective five days after passage and
publication of an approved summary consisting of the title hereto.
PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY this
16th
day of
February
,1999.
CITY OF FEDERAL WAY
. 4Ar~~
/;/ ~;¿~G~
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~ (.~) ~~~/fr:,:
CITY ArrORNEY, LONDI K. LINDELL
FILED WITIf THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DArn:
ORDINANCE No.:
2/ 1/99
2/ 16/99
.2/19/99
2/24/99
99-114
LoIPRMSYSIDOCUMI!NI\SUB" _00. 03IORD INANe. DOC
Ordinance No. 99-334
Page 4