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Ord 01-405 ORDINANCE NO. 01-405 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN AND ADOPTING AMENDMENTS TO THE CITY'S ZONING MAP. 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), a housing element, a capital facilities plan element, a utilities element and a transportation element (including transportation system map[s]); and WHEREAS, the GMA also requires the City of Federal Way to adoptdevelopmentregulations implementing its Comprehensive Plan; and WHEREAS, the Federal Way City Council adopted its Comprehensive Plan with 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 and zoning map on December 23,1998, and September 14,2000; and WHEREAS, under RCW 36.70A.I30, 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 City may consider Plan and development regulation amendments pursuant to Article IX, Chapter 22 of the Federal Way City Code (FWCC); and ORD # 01-405 ,PAGEl t~tP1f WHEREAS, in September2000, the City of Federal Way accepted applications for site-specific changes to the Plan's land use map and the City's zoning map, and considered amendments to the Plan's land use map and the City's zoning map; and WHEREAS, on July 4, 2001, the City SEPA Responsible Official issued a Determination of Nonsignificance on the proposed site-specific changes to the Plan's land use map and the City's zoning map; and WHEREAS, the proposed site-specific changes to the Plan's land use map and the City's zoning map address all of the goals and requirements set forth in the Growth Management Act; and WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council committees, and full City Council has received, discussed, and considered the testimony, written comments, and material from the public, as follows: I. The City's Planning Commission considered the requests for site-specific changes to the Plan's land use map and the City's zoning map, and considered the proposed amendments, at public hearings held on July 18,2001, and September 19, 2001, following which it approved and recommended adoption of certain of the requested site-specific map changes and denial of others; 2. The Land Use and Transportation Committee of the Federal Way City Council considered the requested site-specific changes to the Plan's land use map and the City's zoning map on October I, 2001, following which it recommended adoption of certain of the requested site-specific map changes and denial of others; and ORD # 01-405 , PAGE 2 3. The full City Council considered the matter at its meetings on October 16, 2001, and November 6, 2001; and WHEREAS, the City Council desires to adopt certain of the requested site-specific changes to the Plan's land use map and the City's zoning map. Now, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as follows: Section 1. Findings. A. The proposed amendments to the Comprehensive Plan land use map, set forth in Exhibit A attached hereto, are compatible with adjacent land uses and surrounding neighborhoods, and will not negatively affect open space, streams, lakes or wetlands, or the physical environment in general. They will allow for growth and development consistent with the Plan's overall vision and with the Plan's land use element household and job projections, and/or will allow reasonable use of property subject to constraints necessary to protect environmentally sensitive areas. They therefore bear a substantial relationship to public health, safety, and welfare, are in the best interest of the residents of the City, and are consistent with the requirements ofRCW 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Plan. B. The proposed amendments to the Zoning Map set forth in Exhibit A attached hereto, are consistent with the applicable provisions of the Comprehensive Plan and the Comprehensive Plan land use map proposed to be amended in Section 2 below, bear a substantial relation to public health, safety, and welfare, and are in the best interest of the residents of the City. ORD# 01-405 , PAGE 3 Section 2. Comprehensive Plan Map Amendments Adoptiolt The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998 and 2000, including its land use element map, copies of which are on file with the Office of the City Clerk, hereby are and shall be amended as set forth in Exhibit A attached hereto. A copy of Exhibit A is on file with the Office of the City Clerk and are hereby incorporated by this reference as if set forth in full. Section 3. Zoning Map Amendments Adoption. The 1996 City of Federal Way Official Zoning Map, as thereafter amended in 1998 and 2000, is hereby amended as set forth in Exhibit A, a copy of which is on file with the Office of the City Clerk and which documents are hereby incorporated by this reference as if set forth in full. Section 4. Amendment Authority. The adoption of Plan amendments in Sections 2 and 3 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to FWCC Section 22-541. Section 5. 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 6. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, and 1996 Zoning Map, as thereafter amended in 1998 and 2000, shall remain in force and effecí until the amendments thereto become operative upon the effective date of this ordinance. ORD # 01-405 , PAGE 4 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 (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this November ,2001. 6th day of CITY OF FEDERAL WAY ~~ Mayor, Mike P . ~ Ci~c~f1l4M~~ ApPROVED AS TO FORM: ~~~ City Attorney, Bob C. Sterbank FILED WITH THE CITY CLERK: 10/09/01 PASSEDBY~HECiTYCOUNCIL: 11/06/01 PUBLISHED: 11/10/01 EFFECTIVE DATE: 11/15/01 ORDINANCE No. 01-405 I:\OICOMPPLANlCity CouncillAdoption Ordinance.doclIO/09I20012:27 PM ORD # 01-405 , PAGE 5 CITY OF FEDERAL WAY MEMORANDUM October 9,2001 To: Mayor and City Council Members VIA: David ~anager Kathy McClung, Director of Community Development Services ~ Margaret H. Clark, AICP, Senior Planner ~ FROM: SUBJECT: 2000 Comprehensive Plan Update - Land Useffransportation Committee Recommendation on Site-Specific Requests #1, 2, 5, 7, and 8 MEETING DATE: October 16,2001 A. BACKGROUND The Land Use Transportation Committee (LUTC) discussed the Planning Commission's recommendation during a public meeting on October 1, 200 I. The LUTC concurred with the Planning Commission'srecommendationto approve Requests #1 (Goodwin), 2 (Nguyen), 7 (Smith), and 8 (Hanson) and deny Request #5 (Chong Nam Vi). At that meeting, the LUTC made a motion to forward the comprehensive plan amendments to the full Council for first reading on October 16, 2001. The following section, RECOMMENDATION, summarizes the five site-specific requests, giving the recommendation on each. B. RECOMMENDATION SITE SPECIFIC REQUEST #1 - GOODWIN DENTAL CLINIC File#: Parcel: Location: CPA99-0011 332204-9109 North of288'" Street and east of Pacific Highway (Page 2, Exhibit A oiB) 0.48 acres DBM Consulting Engineers on behalf of the owners of the Goodwin Dental Clinic Thomas Goodwin & Carl Jacobsen (Goodwin Dental Clinic) Size: Applicant: Owner: EXHIBIT A PAGE-LOF -4- Request: Request to change the comprehensive plan designation and zoning from Multifamily and RM 1800 (one unit per 1,800 square feet) to Community Business and BC zoning Staff Recommendation: Approve the request Planning Commission Recommendation: Approve the request LUTC Recommendation: Approve the request SITE SPECIFIC REQUEST #2 - JOHN NGUYEN File Number: Parcel: Location: Size: Applicant: Owner: Request: 00-104891-00 UP 082104-9138 South of South 308"' Street and west of 14"' Avenue South (Page 3. ExhibitA ofB) 0.71 acres/31,050 square feet John Nguyen Same Request to change the comprehensive plan designation and zoning of the Lake Apartments from Professional Office (PO) to Multifamily and RM 1800 (one unit per 1,800 square feet) Staff Recommendation: Approve the request Planning Commission Recommendation: Approve the request LUTC Recommendation: Approve the request SITE SPECIFIC REQUEST #5 - CHONG NAM YI File Number: Parcel: Location: Size: Applicant: Agent: 00-104875-00 UP 202104-9121; 202014-9170; 202104-9171; 202104-9172; 202104-9167; 02104-9168; 202104-9125 & 202104-9169 North of South 344"' Street and west of Pacific Highway South (Page 5. Exhibit A ofB) . 5.17 acres Chong Nam Yi Harry Horan Page 2 EXHH3UT A PAGE-2..0F 4-- Owners: Request: Please refer to the following table Parcel # Owner Acres 202104-9121 Chong Nam Yi 1.43 202104-9170 James Mackmer 0.68 202104-9171 Abt Towing 0.34 202104-9172 Abt Towing 0.34 202104-9167 James Mackmer 0.76 202104-9168 Safe- T-Grate Inc. 0.38 202104-9125 Richard L. Degroot 0.38 202104-9169 H.L. Frease 0.86 Total 5.17 Request to change the comprehensive plan designation and zoning from Business Park (BP) to Community Business (Be) . Recommendation: Do not approve the request Planning Commission Recommendation: Do not approve the request LUTC Recommendation: Do not approve the request SITE SPECIFIC REQUEST #7 - JOHN SMITH File Number: Parcel: Location: Size: Applicant: Agent: Owner: Request: 00-]0444]-00 UP 726]20-0060 East of 33" Place South in East Campus (Page 6, Exhibit A of B) 3.1 acres John Smith HaITy Horan Rachel Smith Request to change the comprehensive plan designation and zoning from Single Family High Density Residential and RS 9.6 to Office Park (OP) Staff Recommendation: Approve the request Planning Commission Recommendation: Approve the request LUTC Recommendation: Approve the request SITE SPECIFIC REQUEST #8 - RICHARD HANSON File Number: Parcel: Location: Size: Applicant: 00-104224-00 UP 302104-9033 South of proposed Silverwood Subdivision, west of9ili Avenue SW (Page 7, Exhibit A of B) 15.46 acres Richard Hanson Page 3 E~P'~-~~CWT -Â PhGE-3-0F ~ Agent: Owner: Request: De-En Lang, Subdivision Management Richard Hanson Request to change the comprehensive plan designation and zoning from Single Family Medium Density Residential/RS 15.0 to Single Family High Density Residential/RS 9.6 Staff Recommendation: Approve the request Planning Commission Recommendation: Approve the request. LUTC Recommendation: Approve the request c. COUNCIL ACTION Pursuant to FWCC Section 22-541, after consideration of the Planning Commission report, and at its discretion holding its own public hearing, the City Council shall by majority vote of its total membership choose one of the following options: I. Approve the proposal by ordinance; 2. Modify and approve the proposal by ordinance; 3. Disapprove the proposal by resolution; or 4. Refer the proposal back to the Planning Commission for further proceedings. If this occurs, the City Council shall specify the time within which the Planning Commission shall report to the City Council on the proposal. Attached: Exhibit B - September 25,2001, Memorandum to the Land Use/Transportation Committee Exhibit A ofB - Composite Map and Maps of Each Request Exhibit C - September 25,2001 Staff Report to the LUTC (Please note that Exhibits 1-4 to the September 25,2001, Staff Report are available in the Council Conference Room). 1:IOICOMPPLANlCity CouneilllO1601 Cove< Memo to CCdodlO/0912001 3:02 PM Page 4 ~':\...~-~. ~ P'..J-r À. (: L .=,1, II PAGE-LJ-°F~ R~ 11800 ¡ì ~ if) BC1 N,~,p>h ...-"",., """." """'P"'" ~",""""M M'Y. 4 ""c>Y"'t'...'W'YUk"~"~"""""'~""~Y' BC RM1800 BC c¡j LÙ > « I ~ RM1800 (!j u.j ~ r I- 00 ~ Propo$ed De$ignation: Comprehensive Plan: cömrhÜt1itYBl.Isíness Zohing: Be 00 0 ",100 "" 200 F ut ^ ~- ....,¡;¡¡¡¡ W. N City of Federal Way Comprehensive Plan 2001 SITE SPECIFIC REQUESTS FOR COMPREHENSIVE PLAN DESIGNATION CHANGES Goodwin Dental Cli n ic Site Specific Request #1 Key: Steep Slopes Wetlands ""'" » ~ GJ ": m' \).:) ~ c ~IP #1 Map Prlnted.June 22,2001 ¡ffi...~.. ~EB~ l- I i c City of Federal Way BC! Comprehensive Plan 2001 SITE SPECIFIC REQUESTS FOR COMPREHENSIVE PLAN DESIGNATION CHANGES Proposed Designation: .çgrrjp'reh,eòsivêPlàll: MiJlti'1'áit1îly Zoning: RM1800 PO. 00 S..3.12TH ST. <rJ S.312TH ST, <rJ .. . 00 '00 '00 200 FO.t ^ ~~- ~ ~ N . ...,.. '"un'" 9'.p'."~""'""'~" ~'" ~""",~.""",,..~'.m"m'. . John Nguyen Site Specific Request #2 Key: Steep Slopes Wetlands #2 Map P rlnted..Juno 22, 2001 "'UM'I "to- " .Y .", G) -: (T' w 0 "3/ I -A . ì ÓOtentkm Pond ,0; I Be '-~I (g) . .;<: ::t: .~ Existing Designation: . Comprehensive Plan: Business Park .zoning: BP '~:t(;)po13.,e.d De!:lignation: è¡(omptéhèn.sIVè,PIa:n: .þöm'inuníty.i3.O$tr1.e$$ Zonitfg: BC. 2 N'¡',""'" 'p "."""'odlb"" ... 9"Ph~" ~p~"""'M o"r, ",J O'r oIF>'"" W'r. ""'0."","""'/0" "",mr. w 0 00' 100 tOO .200 root - - " , S, 341 ST S' 81 City of Federal Way Comprehensive Plan 2001 SITE SPECIFIC REQUESTS FOR COMPREHENSIVE PLAN DESIGNATION CHAN'GES Chong Nam Vi Site Specific Request #5 Key: ¡¡¡ø Steep Slopes . Wetlands ~~ G) .:: rr~ I~ ( I~(' #5 ! W~YiJrh$iJuser i Worldj Héedquefters , , t '1 ¡ '\ { r~ ~ t ::t" ~hffi .~'~ 01> '11!h -Þ\ "n'* , CP~1* Exi§~ing DåsigÏ1a:~ioÏ1: C"ompreheri give Plait: SlhglèFàmily High Dènšify Zoning: RS9.6 ""..-; "", ..p,-"",....<."""..... .,.ph""~p,u.".II" ",,. "'< e"",.."., W",,","o wm."'Yu/o """""r. City of Federal Way Comprehensive Plan 2001 SITE SPECIFIC REQUESTS FOR COMPREHENSIVE PLAN DESIGNATION CHANGES John S,mith RS9.' Site Specific Request #7 .,; ¡¡ 3: '" ~ .J\! x' '" ~ ~ cl.' -,-'ò #--" '~~.:: 00 100 "L..:" ,..1 D Key: Steep Slopes Wetlands :g~ r". . 7" ~, '" rJ'í' I~ 1 C ï y !-ll #7 ..._~..,..,.., ,.....MA'" , j RS9l6 Proposed Designation: .61 Comprehensive Plan: Single FamilY, HighbénsitY Zèr'1ing: RS9,6 '\ .'. 00 0 00 '00 '00. 200 ,.,,^ P"oo'"..1 - W City of Federal Way Comprehensive Plan 2001 SITE SPECIFIC REQUESTS FOR COMPREHENSIVE PLAN DESIGNATION CHANGES Richard Hanson Site Specific Request #8 Key: Steep Slopes Wetlands '"U ." :Þ- .~ r"', -:- ~V '" JTí" ~ c çr #8 u_- "..",.. -, 0.._. AA ~A'