ORD 14-779ORDINANCE NO. 14 -779
AN ORDINANCE of the City of Federal Way, Washington, relating
to the City Center Planned Action established pursuant to RCW
43.21C.440; and amending FWRC 14.15.130. (Amending Ordinance
Nos. 10 -659, 07 -552, and 07 -547)
WHEREAS, the City Council enacted Ordinance No 07 -547 on February 20, 2007, establishing
the City Center Planned Action, pursuant to RCW 43.21C.031; and
WHEREAS, maintaining and extending the SEPA Planned Action for the City Center Planned
Action area with appropriate standards and procedures will help achieve permit processing efficiency and
promote environmental quality; and
WHEREAS, a short-term extension of the designated development timeframe for a period of nine
(9) months is proposed. During that time the city plans on conducting a detailed transportation analysis,
as part of a plan to subsequently extend the EIS for a longer period of time.
WHEREAS, on November 17, 2014, the city issued Addendum #4 to the City Center Planned
Action EIS to extend the end timeframe of development for which the Planned Action Ordinance applies,
from 2014 to September 30, 2015; and
WHEREAS, the city distributed copies of the Addendum to the recipients of the City Center
Planned Action Final EIS; and
WHEREAS, the timeline modification does not alter assumptions contained within the City
Center Planned Action EIS with regard to traffic impacts or other environmental impacts; and
WHEREAS, proposed development within the City Center Planned Action is subject to the
mitigation measures identified by the Planned Action EIS;
WHEREAS, the Finance /Economic Development/Regional Affairs Committee (FEDRAC) of the
Federal Way City Council considered these code amendments on November 25, 2014 and recommended
adoption of the text amendments as recommended by staff.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
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Section 1. Chapter 14.15.130 of the FWRC is hereby amended to read as follows:
14.15.130 City center planned action.
(1) Purpose. The city of Federal Way declares that the purpose of this section is to:
(a) Combine environmental analysis with land use planning; and
(b) Set forth a procedure designating certain project actions in a portion of the city center subarea as
"planned actions" consistent with state law RCW 43.21C.034-440; and
(c) Streamline and expedite the land use permit review process by relying on completed and
existing environmental analysis for the planned action area; and
(d) Apply the Federal Way Revised Code together with the mitigation framework in subsection (3)
of this section for the purpose of processing planned action development applications.
(2) Findings. The city of Federal Way finds that:
(a) The city of Federal Way is required to prepare and implement plans in accordance with the
provisions of the Growth Management Act, Chapter 36.70A RCW;
(b) The city of Federal Way has adopted a comprehensive plan and city center subarea plan in
compliance with the GMA;
(c) The city center planned action environmental impact statement identifies and addresses all
significant environmental impacts associated with the proposed planned action as defined in
subsection (3) of this section;
(d) The mitigation measures contained in Exhibit B of Ordinance 07 -547, together with applicable
city development standards, are adequate to mitigate the significant adverse environmental impacts
of planned action development as defined in subsection (3)(c) of this section;
(e) The expedited permit review procedures as set forth in this section are and will be a benefit to
the public, protect the environment, and enhance economic development; and
(f) Opportunities for public involvement and review have been provided, and comments considered
as part of preparation of the draft and final planned action environmental impact statement.
(3) Procedures and criteria for evaluating and determining projects as planned actions.
(a) Planned action site. The planned action designation shall apply to the approximately 200 -acre
site generally bounded by South 312th Street on the north, South 324th Street on the south, Pacific
Highway South on the west and 23rd Avenue South on the east and shown in Exhibit A of
Ordinance 07 -547.
(b) Environmental document. A planned action designation for a site - specific application shall be
based on the environmental analysis contained in the city center planned action environmental
impact statement (EIS) completed by the city on September 8, 2006. "EIS" means the city center
planned action environmental impact statement composed of the draft EIS (June 2006) and the final
EIS (September 2006). The mitigation document (Exhibit B of Ordinance 07 -547) is based upon
the analysis of the EIS. The mitigation document, together with applicable city codes, ordinances
Ordinance No. 14 -779 Page 2 of 7
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and standards, shall provide the framework for the decision by the city to impose conditions on a
planned action project.
(c) Planned action qualifications.
(i) Land uses. The following uses are the primary uses analyzed in the EIS.
(A) Retail goods and services.
(B) Office.
(C) Lodging.
(D) Residential.
(E) Civic.
(F) Structured parking.
(ii) Development thresholds. The planned action designation applies to future development
proposals that cumulatively do not exceed the development envelope established by the EIS,
as shown in the city center summary development table below:
City Center Summary Development Table
Uses
Development
Envelope
Retail
750,000 sf
Office
350,000 sf
Lodging
600 rooms
Residential
750 units
Civic
500,000 sf
Structured Parking
750 stalls
The planned action designation also applies to demolition of existing buildings and /or parking
facilities.
If proposed plans significantly change the location of uses in a manner that would alter the
environmental determinations of the EIS, additional SEPA review may be required.
Additional environmental review may be conducted as an addendum or supplement to the
planned action EIS.
Shifting the total build -out of development among uses may be permitted so long as the total
build -out does not exceed the aggregate amount of development, trip generation and parking
thresholds reviewed in the EIS and so long as the impacts of that development have been
identified and mitigated in the EIS and mitigation document.
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(iii) The project is located within the planned action area.
(iv) Transportation.
(A) Vehicle trip ranges. The ranges of vehicle trips reviewed in the EIS are as follows:
Planned Action Trip Thresholds by 2009
Time Period
Total Trips
AM Peak Hour
1,220
Saturday Peak Hour
2,816
PM Peak Hour
2,727
Planned Action Trip Thresholds 2010 — 2014
Time Period
Total Trips
AM Peak Hour
919-1,073
Saturday Peak Hour
2,537 — 2,552
PM Peak Hour
2,360 — 2,370
The EIS conducted quantitative analysis on a per- intersection basis of impacts and
mitigation through 2009 (or the equivalent time, based on the cumulative totals of
projected vehicle trips). EIS analysis of 2010 — 2014 vehicle trips was performed more
qualitatively and may require additional environmental review to quantitatively analyze
potential transportation impacts and mitigation measures, as determined by the SEPA
official, in consultation with the public works director.
(B) Trip threshold. Proposed development that would result in a cumulative total of trips
that exceeds the maximum trip levels shown above would not qualify as a planned
action.
(C) Public works discretion. The public works director shall have discretion to
determine incremental and total trip generation, consistent with the Institute of Traffic
Engineers (ITE) General Manual (latest ed.), for each planned action project permit
application proposed under this planned action.
(v) Elements of the environment analyzed in the EIS. A project that would result in a
significant change in impacts to any of the elements of the environment identified in the EIS
would not qualify as a planned action.
(vi) Time horizon. The planned action designation is intended to be applicable until all
development shown in the city center summary development table (subsection (3)(c)(ii) of
this section) is constructed or until 2014 September 30, 2015, whichever occurs first. In
addition, should environmental conditions significantly change from those analyzed in the
EIS, the city's SEPA official may determine that the planned action designation is no longer
applicable unless additional, supplementary environmental review is conducted, regardless of
the date.
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(d) Planned action review criteria.
(i) Uses and activities described in the EIS, subject to the qualifications described in
subsection (3)(c) of this section and the mitigation measures in Exhibit B of Ordinance 07-
547, may be designated planned actions pursuant to RCW 43.21C.03-�440.
(ii) The SEPA official or designee is authorized to designate a project application as a planned
action pursuant to RCW 43.21C.031(2)(x)440, if the project meets all of the following
conditions:
(A) The project is not otherwise exempt from SEPA; and
(B) The project is consistent with the city of Federal Way Comprehensive Plan adopted
under Chapter 36.70A RCW; and
(C) The project is subsequent to or is implementing a project which has had its
significant adverse environmental impacts that have been adequately identified in the
EIS; and
(D) The project falls within the planned action qualifications identified in subsection
(3)(c) of this section; and
(E) The SEPA official has determined that the project's adverse impacts are able to be
mitigated through the application and /or inclusion of mitigation measures detailed in the
mitigation document in Exhibit B of Ordinance 07 -547, as well as other applicable city,
county, state, and federal requirements and conditions, which together constitute
sufficient mitigation for the significant environmental impacts associated with the .
proposed project; and
(F) The proposed project complies with all applicable local, county, state, and federal
regulations, and, where appropriate, the proposed project complies with needed
variances or modifications or other special permits have been identified; and
(G) The proposed project is not an essential public facility.
(e) Effect ofplanned action.
(i) Upon designation by the SEPA official that the development proposal within the planned
action area qualifies as a planned action pursuant to this section and WAC 197 -11 -172, the
project shall not be subject to a SEPA threshold determination, an environmental impact
statement (EIS), SEPA appeal or any other additional review under SEPA.
(ii) Being designated as a planned action or planned action project means that a proposed
project has been reviewed in accordance with this section and found to be consistent with the
development parameters and environmental analysis included in the EIS.
(iii) Planned action projects will not be subject to further procedural review under SEPA.
However, as stated under subsection (3)(d)(ii)(F) of this section, in order to qualify as planned
actions, these projects will have incorporated mitigating measures identified in the city center
planned action EIS, as outlined in this document and Exhibit B (attached to Ordinance 07-
547), which are designed to mitigate environmental impacts resulting from the project
Ordinance No. 14 -779 Page 5 of 7
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proposal. Additionally, projects will be subject to applicable city, state and federal regulatory
requirements. The planned action designation shall not exempt a project from meeting the
city's code and ordinance requirements apart from the SEPA process.
(f) Planned action permit process. The director of community development services or designee
shall review projects and determine whether they meet the criteria as planned actions under
applicable state, federal, and local laws, regulations, codes and ordinances. The review procedure
shall consist, at a minimum, of the following:
(i) Development applications will meet the requirements of FWRC Titles 4, 8, 11 (Division
III), 13, 14, 15 and 19 and Chapter 1.35 FWRC. Applications shall be made on forms
provided by the city and shall include a planned action checklist or such other project review
forms provided by the community development, building, and public works departments. The
checklist may be incorporated into the form of an application.
(ii) The director of community development services will determine whether the application is
complete as provided in FWRC 19.15.040.
(iii) After the city receives and reviews a complete application, the SEPA official shall
determine, utilizing the criteria and procedures contained in subsection (3)(d) of this section
and WAC 197 -11 -172, whether the project qualifies as a planned action. If the project does
qualify as a planned action, the director of community development services shall notify the
applicant, and the project shall proceed in accordance with the appropriate permit procedures,
except that no additional SEPA review, threshold determination or EIS will be required.
(iv) For projects that qualify as planned actions, public notice shall be provided as specified in
FWRC 14.15.060(3).
(v) If a project is determined not to be a planned action, the director of community
development services shall notify the applicant and prescribe a SEPA review procedure
consistent with the city SEPA procedures and state laws. The notice to the applicant shall
describe the elements of the application that result in disqualification as a planned action.
(vi) Projects disqualified as a planned action may use or incorporate relevant elements of the
environmental review analysis in the EIS prepared for the planned action, as well as other
environmental review documents to assist in meeting SEPA requirements. The SEPA official
may choose to limit the scope of the SEPA review to those issues and environmental impacts
not previously addressed in the EIS.
(4) Planned action area monitoring. The city center planned action section shall be reviewed periodically
by the director of community development services to determine its continuing validity with respect to the
environmental conditions of the project area and vicinity and applicability of planned action requirements,
ineludin .., review p fie.. to the end „r2nnn to ensure continued applicability of the transportation analysis
and impacts. Based upon this review, this section may be amended as needed, and another review period
may be specified.
(5) Conflict. In the event of a conflict between this section or any mitigation measures imposed pursuant
thereto and any ordinance or regulation of the city, the provisions of this section shall control.
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Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of
this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this chapter or its
application to any other person or situation. The City Council of the City of Federal Way hereby declares
that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
Section 3. 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 4. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and
after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 2nd day of December, 2014.
CITY-OF FEDERAL WAY
FERRELL
ATTEST:
hnh li AA / o
ni -" r i —K / I V, A — / 0, IYA
C Y C ERK, STEPHANIE CO T EY, CMC
APP OVED AST ORM:
CITY AT EY, AMY JO PEARSALL
FILED WITH THE CITY CLERK: 11 -24 -2014
PASSED BY THE CITY COUNCIL: 12 -02 -2014
PUBLISHED: 12 -05 -2014
EFFECTIVE DATE: 12 -10 -2014
ORDINANCE NO.: 14 -779
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