Ord 00-375
CITY OF FEDERAL WAY
ORDINANCE NO. 00 - 375
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING CHAPTER 18 (ENVIRONMENTAL
PROTECTION), CHAPTER 19 (pLANNING AND DEVELOPMENT),
CHAPTER 20 (SUBDIVISIONS), AND CHAPTER 22 (lONING) OF THE
FEDERAL WAY MUNICIPAL CODE PERTAINING TO REVIEW
PROCESSES FOR LAND USE APPLICATIONS
WHEREAS, the City of Federal Way adopted Ordinance No. 97-291 in April, 1997,
which significantly revised the Federal Way City Code to bring environmental and land use
review processes into confonnance with HB 1724, the Regulatory Refonn Act of 1995 (RCW
36.70B); and,
WHEREAS, because of the broad scope and scale of the Federal Way City Code text
revisions resulting from Ordinance No. 97-291, several references to environmental and land use
review processes were not revised; and,
WHEREAS, the codification of Ordinance No. 97-291 and other ordinances resulted in
unintentional errors in the text of the Federal Way City Code;
WHEREAS, the City of Federal Way finds that the Land Use Review Processes Federal
Way City Code (FWCC) Text Amendments Ordinance involves exclusively land use and
subdivision procedures, will not contain substantive standards respecting use or modification of
the environment, and is categorically exempt from the provisions of the State Environmental
Policy Act (SEPA), pursuant to FWCC 18-71; and,
WHEREAS, the City of Federal Way finds that the Land Use Review Processes Federal
Way City Code (FWCC) Text Amendments Ordinance will implement and is consistent with the
Federal Way Comprehensive Plan; and,
WHEREAS, the Planning Commission conducted a duly noticed public hearing on the
Land Use Review Processes Federal Way City Code (FWCC) Text Amendments Ordinance and
forwarded a recommendation of approval to the City Council; and,
WHEREAS, the Land Use Transportation Committee of the Federal Way City Council
considered the Land Use Review Processes Federal Vfay City Code (FWCC) Text Amendments
Ordinance on August 7, 2000, following which it rec&mmended adoption of the text
amendments;
ORDINANCE NO. 00 -375, PAGE I
(C(Q)tPlf
WHEREAS, the City Council finds that the Land Use Review Processes Federal Way
City Code (FWCC) Text Amendments Ordinance is consistent with the intent and purpose of the
Regulatory Refonn Act of 1995 (RCW 36.70B).
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, IN
REGULAR SESSION, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The purpose of this Ordinance is to amend the Federal Way City Code to
satisfy the following basic needs:
A.
To provide appropriate review processes for decisions regulating subdivision and
development applications; and,
B.
To be consistent with and implement the Regulatory Refonn Act of 1995 (RCW
36.70B).
Section 2. Section 18-167 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 18-167. Conditional uses.
(a) Conditional use permits are allowed to provide greater flexibility in varying the
application of the use regulations of the shoreline master program in a manner which will be
consistent with the policies ofRCW ch. 90.28, particularly where denial of the application would
thwart the policies of the Shoreline Management Act.
(b) When a conditional use is requested, the substantial development permit and the
conditional use shall be reviewed under the provisions of process ¥!Yo section 22-4+é 43 let
seq., and the sity GBlIßsil hearing examiner shall be the final approval authority.
(c) Conditional uses have unique and special characteristics which require a special
degree of control to make the uses compatible with other existing or permitted uses in the same
environment, and to assure that the use is in the public interest. In authorizing a conditional use
pennit, special conditions may be attached to the permit by the sit}' SBUBsii hearing examiner to
prevent undesirable effects or mitigate environmental impacts of the proposed use.
(d) Conditional use pennits shall be authorizeù only when they are consistent with the
following criteria: I .
1
The proposed use is consistent with the policies ofRCW 90.58.020 and the
policies of the master program;
(1)
ORDINANCE NO. 00 -375. PAGE 2
(2)
(3)
The use will not interfere with nonnal public use of surface waters;
The use will cause no unreasonable adverse effects on the shoreline or
surrounding properties or uses, and is compatible with other pennitted uses in the
area;
(4)
(5)
The public interest will suffer no substantial detrimental effect;
Consideration has been given to cumulative impact of additional request for like
actions in the area.
(e) Other uses not set forth in the shoreline master program may be authorized
through a conditional use permit.ifthe applicant can demonstrate that extraordinary
circumstances preclude reasonable use of the property; however, uses specifically prohibited by
the master program may not be authorized.
Section 3. Section 19-100 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 19-100. Annexation-Comprehensive plan designation.
Whenever the council shall determine that the best interests and general welfare of the
city would be served by annexing territory, the plarming manager director of community
development shall cause an examination to be made of the comprehensive plan of the city.
(a) Outdated or no comprehensive plan. If the plan."lÌng manager director of
community development determines there is no comprehensive plan designation, or if the
comprehensive plan designation is not current for the area of the proposed or recently annexed
area, the plan.:nng manager director of community development will cause an application to be
made for amendment of the comprehensive plan pursuant to Federal Way City Code Section 22-
;w} 516.
(b) Current comprehensive plan. If the plan.."ling manager director of community
development determines that a current comprehensive plan exists for the proposed or recently
annexed area, the planniBg ßl8Bager director of community development will cause an
application to be filed for an initial zoning designation according to that process described in
Federal Way Code Section 19-103.
Section 4. Section 19-103 of the Federal Way City Code is hereby amended to read as
follows:
\
Sec. 19-103. Annexation-Initial zone classification.
ORDINANCE NO. 00 -375. PAGE 3
(a) Planning commission recommendation. Upon application by the ¡Hæming
æaaaget' director of community development and upon completion of all applicable SEP A
review, the city's planning commission shall hold at least one public hearing to consider the
initial zoning for the area of the proposed or recently annexed area. The planning commission
public hearing shall constitute the first of the two public hearings required pursuant to RCW
35A.l4.340. The council shall hold the second public hearing as set forth in FWCC 19-
103(b)(2).
(2)
(3)
(4)
(5)
(6)
(1)
Notice. A notice of the time, place, and purpose of the hearing shall be as
described in Federal Way City Code Section 22~ 532 and, in addition, shall be
published in a newspaper of general circulation in the city and in the area to be
annexed at least ten days prior to the hearing.
Staff report. The pl8llÐing maaagçr director of community development or hislher
designee shall prepare a staff report as described in Federal Way Zoning Code
Section 22~ 533.
Public hearing. The planning commission shall hold a public hearing on each
application, which shall be open to the public. The planning commission shall
make a complete electric sound recording of each public hearing.
Public comments and participation at the hearing. Any person may participate in
the public hearing in either or both of the following ways:
(i)
By submitting written comments to the planníng commission either by
delivering these comments to the planning manager's director of
community development's office prior to the hearing or by giving these
directly to the planning commission at the hearing.
(ii)
By appearing in person or through a representative at the hearing and
making oral comments directly to the planning commission. The planning
commission may reasonably limit the extent of oral comments to facilitate
the orderly and timely conduct of the hearing.
Continuation of the hearing. The planning commission may continue the hearing
if, for any reason, they are unable to hear all of the public comments on the matter
or if the planning commission determines that they need more infonnation on the
matter. If during the hearing, the planning commission announces the time and
place of the next hearing on the matter and a notice thereof is posted on the door
of the hearing room, no further notice of the hearing need be given.
Recommendation by the planning commission.
(i)
Generally. After considering all 'ofthe information and comments
submitted on the matter and following the public hearing, the planning
commission shall issue a written recommendation to the city council.
ORDINANCE NO. 00 -375, PAGE 4
(ii)
(iii)
(iv)
(v)
(vi)
(b)
Timing. Unless a longer period is agreed to by the applicant, the planning
commission must issue the recommendation within ten working days after
the close of the public hearing.
Decisional criteria. The planning commission shall use the criteria listed
in FWCC Section 19-103(b)(5).
Conditions and restrictions. The planning commission shall include in the
written recommendation any conditions and restrictions that the planning
commission determines are reasonably necessary to eliminate or minimize
any undesirable effects of granting the application.
Contents. .The planning commission shall include the following in the
written recommendation to city council.
(A)
A statement of facts presented to the planning commission that
supports its recommendation, including any conditions and
restrictions that are recommended.
(B)
A statement of the planning commission's conclusions based on
those facts.
(C)
A statement of the criteria used by the planning commission in
making the recommendation.
(D)
The date of issuance of the recommendation and summary of the
rights, as established in this article, of the applicant and others to
request reconsideration and to challenge the recommendation of
the planning commission.
Distribution of written recommendation. The planning manager shall
distribute copies of the recommendation of the planning commission
within two working days after the planning commission's written
recommendation is issued, a copy will be sent to the applicant, to each
person who submitted written or oral testimony to the planning
commission and to each person who specifically requested it.
Council action. Upon receipt of the recommendation of the planning commission for the
initial zoning of the area recently annexed or proposed to be annexed, and at least 30 days
following the planning commission public hearing on the matter, the council shall hold a
public hearing on the application.
(I)
,"
Notice. A notice of the time, place, anI! purpose of the hearing shall be as I
described in Federal Way City Code Section 22~ 532 and, in addition, shall be
ORDINANCE NO. 00 -375. PAGE 5
(2)
(3)
(4)
(5)
published in a newspaper of general circulation in the city and in the area
proposed to be or recently annexed at least ten days prior to the hearing.
Public hearing. The council shall hold its own public hearing on each application,
which shall be open to the public. The council shall make a complete electric
sound recording of the public hearing.
Public comments and participation at the hearing. Any person may participate in
the public hearing in either or both of the following ways:
(i)
(ii)
By submitting written comments to the council either by delivering these
comments to the city clerk's office prior to the hearing or by giving these
directly to the council at the hearing.
By appearing in person or through a representative at the hearing and
making oral comments directly to the council. The council may reasonably
limit the extent of oral comments to facilitate the orderly and timely
conduct of the hearing.
Continuation a/the hearing. The council may continue the hearing if, for any
reason, they are unable to hear all of the public comments on the matter or if the
council determines that they need more information on the matter. If during the
hearing, the council announces the time and place of the next hearing on the
matter and a notice thereof is posted on the door of the hearing room, no further
notice of the hearing need be given. .
Decisional criteria. The city council shall approve the recommended zoning
classification if:
(i)
(ii)
(iii)
It is consistent with the comprehensive plan;
It is consistent with all applicable provisions of the chapter, including
those adopted by reference from the comprehensive plan;
It is consistent with the public, health, safety and welfare.
(6) Decision. After consideration of the entire matter before the record of the
planning commission, and at the close of the public hearing on the matter, the city
council shall, by ordinance approved by a majority of the total membership, adopt
. an ordinance establishing the initial zoning designation for the area.
(c)
Effectiveness. The ordinance adopting the initial zor,e classification shall be effective 30
days after its passage and publication if the area affected by the ordinance has been
annexed to the city; or if the affected area has bot yet been annexed to the city, shall be
effective upon annexation of the area into the city. The city clerk shall file a certified
copy of the ordinance and any accompanying maps or plats with the county auditor.
ORDINANCE NO. 00 -375, PAGE 6
(d)
Judicial review. The action of the city may be reviewed for illegal, corrupt, or arbitrary
and capricious action in the county Superior Court. The petition for review must be filed
within 14 days after the date of the hearing at which the council acted to pass the written
ordinance.
Section 5. A new Section 20-22 of the Federal Way City Code is hereby added to read as
follows:
Sec. 20-22. Application cancellation.
If an applicant for a boundary line adjustment, lot line elimination. binding site plan.
short subdivision plat, preliminary plat. final plat. alteration of plat. or vacation of subdivision
fails to provide additional information to the city within 180 days of being notified by mail that
such information is requested. the application shall be deemed null and void and the city shall
have no duty to process. review. or issue any decision with respect to such an application.
Section 6. Section 20-90 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 20-90. Notice.
(a) Content. The director of community development services shall within 14 days of
issuing a letter of completeness on the proposal, prepare a notice of application containing the
following information:
(I)
(2)
The name of the applicant and, if applicable, the project name. The date of
application, date of the notice of completion for the application, and the date of
the notice of application.
The street address of the subject property or, if this is not available, a locational
description in nonlegal language. Except for notice published in the newspaper of
general circulation in the city, the notice must also include a vicinity map that
identifies the subject property.
(3) The citation of the provision of this chapter describing the requested decision and
to the extent known by the city, any other permits which are not included in the
. application.
(4)
(5)
A brief description of the requested decision, a list of the project permits included
in the application and, if applicable, a list of any studies requested under RCW
36.70A.440. I
A statement of the availability of the official file.
ORDINANCE NO. 00 -375, PAGE 7
(8)
(9)
(b)
(6)
A statement of the right of any person to submit written comments to the director I
of community development services regarding the application within 15 days of
the date of the notice.
(7)
A statement that only persons who submit written comments to the director of
community development services or specifically requests a copy of the original
decision may appeal the director's decision.
The identification of existing environmental documents that evaluate the proposed
project and the location where the application and any studies can be reviewed.
A statement of the preliminary determination, if one has been made at the time of
notice, of those development regulations that will be used for project mitigation
and of consistency as provided in RCW 36.70B.040.
Distribution. Within 14 days of issuance of the letter of completeness, and at least 14
calendar days before the deadline for submitting comments, the director of community
development services shall distribute this notice as follows:
(I)
(2)
(3)
A copy of the notice will be published in a newspaper of general circulation of the
city.
At least three copies of the notice will be conspicuously posted on or near the
subject property. Of these, at least one will be posted on or adjacent to every
public right-of-way providing primary vehicular access to any property that abuts
the subject property.
A copy of the notice will be posted on each of the official notification boards of
the city and public libraries located within the city.
Section 7. Section 20-105 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 20-105. Departmental action.
(a) The application for a short subdivision shall be reviewed for compliance with
section 20-2, and design criteria and development standards set forth in sections 20-151 through
20-157 and .20-178 through 20-187, other applicable ordinances or regulations of the city, and
RCW ch. 58.17.
(b) Any action by the department of community development services relative to the
application shall contain the following information, vthere applicable:
(I)
Improvements required as conditions of approval of the short subdivision.
ORDINANCE NO. 00 -375. PAGE 8
(2)
Review comments and requirements of reviewing agencies.
(3)
Reasons for denial of the short subdivision, if applicable.
(c) A short plat may not be recorded until it has been certified by the director of
public works that all improvements required as a condition of approval have been substantially
completed in accordance with section 20-W+ 108. Such certification shall appear on the face of
the short plat.
(d) No final short plat shall be approved until the department of community
development services has made a formal written finding that the proposed short subdivision is in
conformity with applicable zoning ordinances or other land use controls and that the plat
encompasses good planning features and provisions for safe walking conditions such as
sidewalks for students who walk to and from school.
( e) Every short plat of a subdivision or short subdivision to be recorded must contain
a certificate giving full and correct description of the lands divided as they appear on the plat,
along with a statement that the subdivision has been made with the consent of the owner and all
affected owners.
(1)
(2)
For those short plats subject to dedication, a notarized written instrument
containing subject dedication to the public must be signed by all parties having
ownership interest in the land subdivided. This notarized dedication must be
placed on the face of the recorded short plat or the written instrument along with a
title report confIrming title oflands described shall be recorded as part of the short
plat.
An offer of dedication may include a waiver of right of direct access to any street
from any property if acceptable by the city. Roads not dedicated to the public
must clearly be marked on the face of the plat. Any dedication, donation, or grant
as shown on the face of the plat shall be considered for all intents and purposes, as
a quitclaim deed.
(f) A drainage release shall be provided releasing the city for claims for injury or
damage resulting from the storm drainage system to be installed, ifany, and indemnify the city
from any claims brought by downstream owners based on the operation, failure to operate,
improper design, or improper construction.
Section 8. Section 20-118 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 20-118. Notice of application.
"
1
ORDINANCE NO. 00 -375. PAGE 9
(a) Contents. Within 14 days of the letter of completeness being issued, the director
of community development services shall prepare and publish a notice of application within the
local newspaper of general circulation. The notice of application shall contain the following:
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(I)
The name of the applicant and, if applicable, the project name.
(2)
The street address of the subject property or, if this is not available, a locational
description in nonlegal language. Except for notice published in the newspaper of
general circulation in the city, the notice must also include a vicinity map that
identifies the subject property.
The citation of the provision of this chapter describing the applied-for decision
and, to the extent known by the city, any other permits which are not included in
the application. .
A brief description of the requested decision.
A list of the project permits included in the application and, if applicable, a list of
all required studies submitted with the application.
The date of application, the date of the notice of completion of the application,
and the date of the notice of the application.
A statement that notification of the public hearing date will occur approximately
15 days prior to the scheduled hearing date. '
A statement of the availability of the official file.
A statement of the right of any person to submit written comments to the hearing
examiner and appear at the public hearing of the hearing examiner to give
comments orally.
A statement that only persons who submit written or oral comments to the hearing I
examiner may ehal!eage ~the recommendation of the hearing examiner.
The identification of existing environmental documents that evaluate the proposed
project and the location where the application and any studies can be reviewed.
A statement of the preliminary determination, if one has been made at the time of
notice, of those development regulations that will be used for project mitigation
and of consistency as provided in RCW 36.70B.040.
(b) Distribution. The director of community development services shall distribute this
notice as follows: \
ORDINANCE NO. 00 -375. PAGE 10
(I)
(2)
(3)
(4)
(5)
(6)
(7)
A copy will be sent to the persons receiving the property tax statements for all
property within 300 feet of each boundary of the subject property.
If the owner of the property which is proposed to be subdivided owns another
parcel, or parcels, of property which lie adjacent to the property proposed to be
subdivided, notice of application shall be given to owners of property located
within 300 feet of any portion of the boundaries of such adjacently located parcels
of property owned by the owner of the property proposed to be subdivided.
A copy shall be mailed to appropriate city or county officials if the proposed plat
lies within one mile of an adjoining city or county boundary.
A copy shall be mailed to all agencies or private companies who received copies
of the preliminary plat pursuant to section 20-109.
Notice shall be mailed to the state department of transportation if the proposed
plat abuts a state highway.
A copy will be published in the official daily newspaper of the city.
A copy will be posted on each of the official notification boards of the city and at
public libraries within the city.
(c) Public notification sign. The applicant shall erect at least one public notification
sign, which complies with standards developed by the department of community development
services. This sign shall be located on or near the subject property facing the right-of-way or
vehicle access easement or tract providing direct vehicle access to subject property. The director
of community development services may require the placement of additional public notice signs
on or near the subject property ifhe or she determines that this is appropriate to provide notice to
the public.
(d) Timing. The public notification sign or signs must be in place at least 14 calendar
days after the letter of completeness has been issued, and removed within seven calendar days
after the [mal decision of the city on the matter.
Section 9. A new Section 22-32.2 of the Federal Way City Code is hereby added to read
as follows:
Sec. 22-32.2, Review processes for improvements and additions to developed sites.
Improvements anc:Jor additions to existing developed sites shall be subject to land use
review processes as follows:
\
ORDINANCE NO. 00 -375, PAGE 11
(a) Process I Improvements and/or additions to an existing developed site that are
exempt from SEP A shall be processed using Process I provided the improvements and/or
additions do not exceed any of the following thresholds:
(1)
(2)
There is no change of use.
There is no reduction in the amount of required landscaping. buffering. open
space. or public areas.
(3)
(4)
There is no material change or reduction in the amount of required parking.
There is no material change in the location of utilities. easements. or pedestrian
connections.
(5)
There is no material change to the approved architectural design.
(6)
There is no additional adverse impacts to sensitive areas or significant trees.
(b) Process II Improvements and/or additions to an existing developed site that are
exempt from SEP A and exceed the thresholds provided above in section 22-32.2(a) shall be
processed using Process II.
(c) Improvements not exempt from SEPA. Improvements and/or additions to an
existing developed site that are not exempt from SEP A shall be processed consistent with the
required review process as identified in the applicable use zone chart.
Section 10. A new Chapter 22, Article IV.A of the Federal Way City Code is hereby
added to read as follows:
ARTICLE IV.A. INTERPRETATIONS
Sec. 22-345. Generally.
A decision by the director of community development as to the meaning. application or intent of
any development regulation in this chapter is known as an interpretation. An interpretation may
be requested in writing by any person or may be initiated by the director of community
development. This article establishes the procedure and criteria that the city will use in deciding
upon a written request to interpret the provisions of this chapter and in issuing any other written
interpretation of this chapter. The interpretation of the provisions of a concomitant agreement
will be treated as an interpretation of this chapter. Any appeals of an interpretation by the
director of community development under this article may be appealed to the city's hearing
examiner as provided for in this article.
Sec. 22-346. Purpose.
ORDINANCE NO. 00 -375. PAGE 12
An interpretation of the provisions of this chapter clarifies conflicting or ambilWous wording, or
the scope or intent of the provisions of this chapter. An interpretation of the provisions of this
chapter may not be used to amend this chapter.
Sec. 22-347. Applications.
(a) Who may apply. Any person. personally or through an agent, may make
application for an interpretation.
(b) How to apply. The applicant shall file a completed master land use application
along with a written description which at a minimum clearly states: I) the interpretation
requested; 2) the applicable Federal Way City Code section(s) which the applicant requests the
director to interpret; and 3) relevant information and arguments which support the requested
interpretation.
(c) Fee. With the application. the applicant shall submit the fee established by the
city. The application shall not be accepted unless it is accompanied by the required fee.
(d) Director authority. The director of community development services may modify
the submittal requirements as deemed appropriate.
(e) RoutinJ! of application. An application for an interpretation shall be routed to the
director of community development services. The director may route for comment an application
for an interpretation to other staff members or departments.
Sec. 22-348. Interpretations.
The director of community development services may. acting on his or her own initiative
or in response to an inquiry. issue interpretations of any of the provisions of this chapter.
(a) Applicability. A Code interpretation requested by a person other than the project
proponent or property owner must be requested prior to the date of expiration of any applicable
administrative appeal period for a land use decision on the application to which the request
relates. Any Code interpretation requested after the applicable administrative appeal period shall
not affect an issued permit or decision.
(b)
(1)
Criteria. The director shall base an interpretation on:
The defined or the common meaning. as applicable. of the words in the provision;
(2)
(3)
The general purpose of the provision as expressed in the provision; and
The 10sl:Ícal or likelv meanin¡¡ of the provision viewed in relation to the
comprehensive plan, this chapter. the II'ederal Way City Code as a whole. or other
plans and studies prepared or adopted by the city.
ORDINANCE NO. 00 -375, PAGE 13
(c) TiminJ!:. The director of community development shall mail a written respOnse to
any person filing a written request to interpret the provisions of this chapter within 28 dayS of
having received that request.
(d)
chapter.
Effect. An interpretation of this chapter will be enforced as if it is part of this
(e) Interpretation file and availability. The director of community development shall
maintain an interpretation file that contains all interpretations of this chapter that are in effect.
The interpretation file shall be available for public inspection and copying in the department of
community development services during regular business hours.
(0 Time limitation. An interpretation of the provisions of this chapter remains in
effect until rescinded in writing by the director of community development or until the subject
text of this chapter has been amended consistent with section 22-216.
Sec. 22-349. Notice.
(a) Applicability. Interpretations issued by the director of community development
that are related to a land use or subdivision application shall be incorporated into the director's
decision on the application and be subject to applicable notice provisions for the decision.
Interpretations issued by the director of community development that are not related to a land use
or subdivision application shall be subject to the notice provisions under this section.
(b) Contents. The director of community development shall prepare a notice of each
interpretation that is not related to a land use or subdivision application, containing the following
information:
(1)
(2)
(3)
(4)
(5)
(6)
The citation, if any, of the provision(s) of the FWCC that is the subject of the
along with a brief description of the subject provision(s).
A summary statement of the interpretation of the affected provision.
The date of the interpretation.
A statement of the availability of the official file.
A summary of the rights, as established in this article, of any person to submit an
appeal of the interpretation.
The deadline for filing appeals of the interpretation
c Distribution. U on issuance of the int
development shall distribute this notice of the interpr
retation the director of communi
tion as follows:
ORDINANCE NO. 00 -375. PAGE 14
(1)
A copy of the notice of the interpretation shall be published in the official
newspaper of the city.
(2)
A copy of the notice will be pOsted on each of the official notification boards of
the city and public libraries located within the city.
Sec. 22-350. Appeals.
(a) Any person who is aggrieved by an interpretation issued by the director of
community development services may appeal that interpretation within 14 dayS of the date of
interpretation.
(b) The appellant must file a letter of appeal indicating how the interpretation affects
his or her property and presenting any relevant arguments or information on the correctness of
the interpretation. The applicant shall include appeals fees as established by the city. The appeal
will not be accepted unless it is accompanied by the required fee.
(c) An appeal of an interpretation of this chapter will be reviewed and decided upon
using process IV.
(d) If the interpretation of the director of community development services is
modified, the director shall:
(1)
Place the modifYing decision in the interpretation file: and
(2)
Change or remove. as appropriate. the interpretation that was modified.
Section 10. Chapter 22, Article IV.A of the Federal Way City Code is hereby amended
to read as follows:
ARTICLE IV.A B. PROCESS I - DIRECTOR'S APPROVAL
Sec. 22-351. Generally.
Various places of this chapter indicate that certain developments, activities, Q! uses er
Íßt0rpFetatiBllS are permitted only if approved using process 1. Under process I, the director of
community development services, is authorized to make administrative decisions aaà
iRterpretatiøns based on certain criteria as set forth in this article or chapter. Any process I
application l).ot categorically exempt from the State Environmental Policy Act, RCW 43.21C,
shall be reviewed pursuant to the procedural requirements of process III of this chapter. Any
appeals of the director's decision un<ler this article may be appealed to the city's hearing
examiner as provided for in this article.
Sec. 22-351. Purpose of review.
ORDINANCE NO. 00 -375, PAGE 15
Process I has the following purposes:
(1)
To review a proposal for compliance with the provisions of this chapter and all
other applicable law.
(2)
To ensure that the health, safety, and welfare of the citizens of the city is
preserved.
(3)
To provide an expedient and reasonable land use review process for
administrative decisions and interpretations of this chapter.
Sec. 22-353. Applications.
(a) Who may apply. Any person, personally or through an agent, may make
application for a process I land use decision.
(b) How to apply. The applicant shall file a completed master land use application.
Accompanying the application shall be a written response to the decisional criteria as set forth in
this chapter for a particular use or activity, and information required by section 22-32. Fe¡:
admiaistrative iROO¡:pretatiaRs the 3flpliQaRt shall tile a sampleted master land use applisatiaR
aleRg with a wl'itteR dessFiptÏaR whish at a minimwB slearly states: 1) the iatl!Fpretatiea
r-l!E uested; 2) the 3flplisable Pedeæl W.ay City Cade seGtiea(s) '.'lhiQh the applisant reE uests the
direGter ta iRterpr-et; and J) relevaRt iRfGlmatiaa and ar.guæeRts whiQh suppeR the r-eE uested
ÏRtç¡:pretatiaB.
(c) Fee. With the application, the applicant shall submit the fee established by the
city. The application shall not be accepted unless it is accompanied by the required fee.
(d) Director authority. The director of community development services may modify
the submittal requirements as deemed appropriate.
( e) Routing of application. An application for an administrative decision er
iBte¡:pretatieR shall be routed to the director of community development services. The director
may route for comment an application to other staff members or departments.
See. 11 JS4. IBterpretati9Rs.
The dir.ester af semmlHlity de'.'elapæent servises may, aGtillg aR his er her awll iBitiative
ar ill ¡:espeooe te aD iRE UÏly, issue ÌBti!l'f!retatiaBS afany afthe prayisiaRs afthis shapter.
(a)
CrileFia. The ærester shall ease an iRte£fll'etatiall all:
(1)
The defiBed ar the Qaßlffiall meaÐing, as applisable, afthe wards in the
pr-e'.<ÍsiaB; \
(2)
The geBBI'al pW"flase afthe pre'lÏsiaR as e*flressed iR the pra,..isiell; and
ORDINANCE NO. 00 -375. PAGE 16
(J)
The lagisaler likely meaning afthe p£evisiaR '.<Íe'NeEl iR FelatiaR ta the
compreheRBi'¡e fIlaR, this chapter, the Federal Way City Cede as a "<Bale,
ar ather plans and studies pAlpar-ed ar adapted by the G~'.
(b)
EfftGt. :\n intt!l'f!retatieR af this shapter will be eRferGed as if it is part af this
~
(c)
.4Wlilabilit;},. All iRterpretatiaRB afthis shapter, ar-e æ.'ailaIJle fer public iBBpeGtiaR
and se¡¡yiRg iR the departæ8!lt af sem_i~' de"elapmeat servises during regular
büsiRess helll'S.
Sec. 22~354. Notice of administrative decision.
The director of community development services shall mail in a timely manner a copy of
his or her decision to the applicant and any person who submitted comments on the application,
and any person who has requested a copy.
Sec. 22..JS(;355. Appeals.
(a) Who may appeal. The applicant and Å!!!!y person who received notice of the
administrative decision under section 22~ 354 and any persaR wha is aggFÍe'led by an
iaterpretatieR issued by the dir-eGter af selIUHüÐÍty de'ielapm8!lt servises may appeal that
iatçrpretatiaR ar the administrative decision '1I<ithia 14 days af the date af desisiaR ar
interpr-etatiaR. .
(b) The awellant IBüSt file a lettçr ef !!Weal iRdicating hew the intçrpretatieR ar
administrative àeGisiaR affests Iris ar her pr-eperty and pr-eseRtiRg ~' relevant argumems ar
infeImatiaR aR the sarrestRess afthe interprçtatieR. The !!Wlisant shall iIwlude !!Weals fees as
esta9lislled by the si~'. The aweal '.vill Rat be aestlpted lJlÙess it is asGampanied by the r-ell\lÍred
foo-.
(b) How and when to appeal. The appeal, in the form of a letter of appeal. must be
delivered to the department of community development services within 14 calendar dayS after
issuance of the administrative decision. The letter of appeal must contain:
(I)
(2)
(3)
A statement identifying the administrative decision being appealed. along with a
copy of the administrative decision;
A statement of the alleged errors in the administrative decision. including
identification of specific factual findings and conclusions of the director of
community development services disputed by the person filing the appeal; and
The appellant's name, address. telephohe number and fax number. and any other
information to facilitate communications with the appellant.
ORDINANCE NO. 00 -375, PAGE 17
(s) ¡'.n appealaf an administmti"e desisiaR or iRterpretatioR afthis çàapter will he
rlwie\ved and deGided UflaR IISiRg fIl'ÐsesB IV.
(c) Fees. The person filing the appeal shall include, with the letter of appeal, the
appeal fee as established by the city. The appeal will not be accepted unless it is accompanied by
the required fee.
(d) If the inteFprmtian af the direGtor af soßllBW1Î.ty develapment serviGes is
modified, the direstor vhall:
(1)
(2)
P1aGe ilie madifying deGivian in the inteFpœtatian file; and
Change ar œmaye, as appropriate, the iRti!Fflr-etation that was madified.
(d) Avvealvrocess. Appeals of an administrative decision will be reviewed and
decided upon using process IV.
Section 11. Section 22-389 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 22-389. Applications.
(a)
(b)
(c)
(d)
Who may apply. Any person may, personally or through an agent, apply for a decision
regarding property he or she owns. .
How to apply. The applicant shall file a completed application in the department of
community development services on the form provided by the department. The applicant
shall also provide all information or material that is specified in the provision of this
chapter that describes the decision applied for, all information specified in section 22~
33, and any additional information or material that the director of community
development services determines is reasonably necessary for a decision on the matter.
Fee. With the application, the applicant shall submit the fee established by the city. The
application will not be accepted unless it is accompanied by the required fee.
Completeness.
(I)
Within 28 calendar days of receiving an application, the city must determine
whether the application is complete. The city will apply &eGtieBs section 22-33
and 22 388 to determine completeness. If the city deems the application to be
complete, a letter of completeness must be issued prior to the 28-day deadline. If
the city determines the application to be incomplete, the city shall notify the
applicant of what needs to be submitteD for a complete application. In this written
determination, the city shall also identify, to the extent known to the city, the
other agencies of local, state, or federal government that may have jurisdiction
ORDINANCE NO. 00 -375. PAGE 18
(e)
over some aspect of the proposed development activity. An application shall be
deemed complete under this section if the city does not provide a written
determination to the applicant as required in this paragraph.
(2)
Within 14 days after an applicant has submitted the additional information
identified by the city as being necessary for a complete application, the city shall
notify the applicant whether the application is complete or whether additional
information is necessary.
Additional information. A determination of completeness shall not preclude the city from
requesting additional information or studies, either at the time of the letter of
completeness or subsequently, if new information is required or substantial changes in
the proposed action occur.
Section 12. Section 22-396 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 22-396. Effect of the decision.
The applieant may not ¡¡ngage in any aGt¡"¡~' basell an the lIeaisian IIRtiI the thifd
working lIay after the time ta appeal has expiælI. If the lIesisian is appealelI, the ap¡¡lisant may
nat eRgage in any astivity basell on the lIesision until the thir-à werking lIay after the sity issoos a
finalliesision on the matter. If the lIeGisioR af the lIiæGter of saHlHlllllÌty developml3ßt ser'liaes is
nat appealed, that lIesisien is the fi."1aIlieGision afthe si~'. .
Decisions under this section shall become final subject to the following:
(a)
(b)
An applicant or other party of record who may be aggrieved by the decision may
appeal the decision within 14 dayS of the issuance of the decision by the director
of community development consistent with the provisions of section 22-397 et
seq. If a written notice of appeal is received within the appeal period. the decision
shall be referred to the hearing examiner and shall not become final until the
appeal process is complete and the city issues a final decision. Upon issuance of
the final decision, the applicant may engage in activity based on the decision.
provided applicable permits have been approved.
If no appeal is submitted within the 14 calendar day appeal period. the
preliminary approval shall become final on the first calendar day following the
expiration of the appeal period. Upon the decision becoming final, the applicant
may engage in activity based on the decision. provided applicable permits have
been approved.
\'
Section 13. Section 22-434 of the Federal Way City Code is hereby amended to read as
follows:
ORDINANCE NO. 00 -375. PAGE 19
Sec. 22-434. Applications.
(a) Who may apply. Any person may, personally or through an agent, apply for a
decision regarding property he or she owns.
(b) How to apply. The applicant shall file the following information with the
department of community development services:
(1)
(2)
(3)
(4)
(5)
(6)
A completed application, with supporting affidavits, on forms provided by the
department of community development services.
Two sets (three if compliance with the State Environmental Policy Act is
required) of stamped envelopes with address labels obtained from the county,
within the prior six months, containing the names and addresses of the persons
receiving the property tax statements for properties within 300 feet of each
boundary of the subject property.
A copy of the county assessor's map identifying the properties specified in
subsection (b)(2) of this section.
Any information or material that is specified in the provision of this chapter that
describes the applied-for decision.
All information required by section 22~ 33.
Any additional information or material that the director of community
development services determines is reasonably necessary for a decision on the
matter.
(c) Fee. With the application, the applicant shall submit the fee established by the
city. The application will not be accepted unless it is accompanied by the required fee.
(d)
(1)
Completeness.
Within 28 calendar days of receiving an application, the city must determine
whether the application is complete. The city will apply sestieß& section 22~ 33
aRa 22 1J3(b) to determine completeness. If the city deems the application to be
complete, a letter of completeness must be issued prior to the 28-day deadline. If
the city determines the application to be incomplete, the city shall notify the
applicant of what needs to be submitted for a complete application prior to the 28-
day deadline. In this written determination, the city shall also identify, to the
extent known to the city, the other agencies ofloca1, state, or federal government
that may have jurisdiction over some dspect of the proposed development activity.
An application shall be deemed complete under this section if the city does not
provide a written determination to the applicant as required in this paragraph,
ORDINANCE NO. 00 -375, PAGE 20
(2)
Within 14 days after an applicant has submitted the additional information
identified by the city as being necessary for a complete application, the city shall
notify the applicant whether the application is complete or whether additional
information is necessary.
(e) Additional information. A determination of completeness shall not preclude the
city from requesting additional information or studies, either at the time of the Letter of
Completeness or subsequently, if new information is required or substantial changes in the
proposed action occur.
Section 14. Section 22-438 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 22-438. Community design gnidelines.
(a) Applicability. All commercial, office, industrial, institutional, and multi-family
development applications are subject to the requirements of article XIX, community design
guidelines. Applications for remodeling and expansion of an existing developments shall meet
only those provisions of this article that are determined by the director of community
development services to be reasonably related and applicable to the area of expansion or
remodeling.
(b) Directors decision. Within ten working days after the deadline for submitting
comments and after considering all of the information and comments submitted on the
application, the director of community development services shall issue a written decision.
(c) Decisional criteria. The director of community development services shall use the
criteria listed in the provision of this chapter describing the requested decision in deciding upon
the application. In addition, the director of community development services may approve the
application only if:
(I)
(2)
(3)
It is consistent with the site design standards set forth for all zoning districts in
section 22-1634;
It is consistent with applicable supplemental guidelines set forth in section 22-
1638; and
For development applications for remodeling or expansion of an existing
development, it is consistent with those provisions of article XIX, community
design guidelines, identified by the director of community development services
as being applicable;
\
(d) Conditions and restrictions. The director of community development services
shall include in the written decision any conditions and restrictions that he or she determines are
ORDINANCE NO. 00 -375. PAGE 21
reasonably necessary to eliminate or minimize any undesirable effects of granting the
application. Any conditions and restrictions that are included become part of the decision.
(e) Contents. The director of community development services shall include the
following in the written decision:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
A statement granting, modifying and granting, or denying the application.
Any conditions and restrictions that are imposed.
A statement of facts presented to the director of community development services
that support the decision, including any conditions and restrictions that are
imposed.
A statement of the director's conclusions based on those facts.
A statement of the criteria used by the director of community development
services in making the decision.
The date of the decision.
A summary of the rights, as established in this article, of the applicant, and others
to appeal the decision and/or conditions of the director of community
development services.
The identification of existing environmental documents that evaluate the proposed
project and the location where the application and any studies can be reviewed.
A statement of the preliminary determination, if one has been made at the time of
notice, of those development regulations that will be used for project mitigation
and of consistency as provided in RCW 36.70B.040.
(f) Distribution ofwritten decision. The written decision of the director of
community development services is issued, it shall be distributed as follows:
(1)
(2)
(3)
A copy will be mailed to the applicant.
A copy will be mailed to each person who submitted written comments or
information to the director of community development services.
A copy will be mailed to any person who has specifically requested it.
(4) A copy will be mailed to the King County Assessor.
\
(g) Effect of the decision. The applicant may not engage in any activity based on the
decision until the third working day after the time to appeal has expired. If the decision is
ORDINANCE NO. 00 -375. PAGE 22
appealed, the applicant may not engage in any activity based on the decision until the third
working day after the city issues a final decision on the matter. If the decision of the director of
community development services is not appealed, that decision is the final decision of the city.
(2)
(3)
(4)
(5)
(6)
(h)
(1)
Appeals.
Who may appeal. The decision and/or conditions of the director of community
development services related to the community design guidelines may be
appealed by any person who is to receive a copy of that decision under section 22-
4J.7 438(t).
How and when to appeal. The appeal, in the form of a letter of appeal, must be
delivered to the department of community development services within 14
calendar days after issuance of the decision of the director of community
development services. The letter of appeal must contain:
a.
A statement identifying the matter being appealed, along with a copy of
the decision;
b.
A statement of the alleged errors in the director's decision, including
specific factual findings and conclusions of the director of community
development services disputed by the person filing the appeal; and
c.
The appellant's name, address, telephone number and fax number, and any
other information to facilitate communicating with the appellant.
Fees. The person filing the appeal shall include, with the letter of appeal, the fee
as established by the city. The appeal will not be accepted unless it is
accompanied by the required fee.
Jurisdiction. Appeals of the decision of the director of community development
services will be heard by the hearing examiner.
Appeal hearing timing. An appeal of a decision of the director of community
development services will be heard on the same date as the public hearing for the
application being processed pursuant to this section.
Notice of appeal hearing. The notice of the appeal hearing shall be included in the
notice of public hearing for the application being processed pursuant to this
section. The notice of appeal hearing shall include:
a.
The file number and a brief description of the matter being appealed;
b.
A statement of the scope ofthelappeal, including a summary of the alleged
errors in the director's decision, including specific factual findings and
conclusions -disputed in the letter of appeal;
ORDINANCE NO. 00 -375 . PAGE 23
c.
The date, time, and place of the public hearing on the appeal;
d.
A statement of who may participate in the appeal; and
e.
A statement of how to participate in the appeal.
(7)
The provisions of sections 22-399 through 22-406 shall apply to appeals filed
under this section.
Section 15. Section 22-446 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 22-446. Effect of the decision.
The appliGant may Det engage in any aGti"i~' based aD the deeiniaD Wltil the tlùrd
WÐFking day after the time te appeal has I!Kpir~d, If the èeeisian is appealed, the applisaat may
Bet engage in any aGtivity based an the dedsien YßtiI the tlùrd '::eFYdng day after the sÏt3' issues a
final desisieD en the matter. If the deGisiaD af the diFestar af sa_unity de'.<elapmeRt servises is
net appealed, that desisian is the final deGisi9n afthe sity.
Decisions under this section shall become final subject to the following:
(a)
(b)
An applicant or other party of record who may be agj¡;rieved by the decision may
appeal the decision within 14 dayS of the issuance of the decision by the director
of community development consistent with the provisions of section 22-397 et
seq. If a written notice of appeal is received within the appeal period. the decision
shall be referred to the hearing examiner and shall not become final until the
appeal process is complete and the city issues a final decision. Upon issuance of
the final decision. the applicant may engage in activity based on the decision.
provided applicable permits have been approved.
If no appeal is submitted within the 14 calendar day appeal period, the
preliminary approval shall become [mal on the first calendar day following the
expiration of the appeal period. Upon the decision becoming final. the applicant
may engage in activity based on the decision. provided applicable permits have
been approved.
Section 16. Section 22-478 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 22-478. Applications.
\
ORDINANCE NO. 00 -375 ,PAGE 24
(a) Who may apply. Any person may, personally or through an agent, apply for a
decision regarding property he or she owns.
(b) How to apply. The applicant shall file the following information with the
department of community development services:
(2)
(3)
(4)
(5)
(6)
(7)
(I)
A completed application, with supporting affidavits, on forms provided by the
department of community development services;
Two sets of stamped envelopes, and a list of the same, labeled with the name and
address of all current owners of real property, as shown in the records of the
county assessor for the subject property, within 300 feet of each boundary of the
subject property;
A copy of the county assessor's map identifying the properties specified in
subsection (b)(2) of this section;
A vicinity map showing the subject property with enough information to locate
the property within the larger area;
Any information or material that is specified in the provision of this chapter that
describes the applied-for decision;
All information specified in section 22~ 33; and
Any additional information or material that the director of community
development services determines is reasonably necessary for a decision on the
matter.
(c) Fee. With the application the applicant shall submit the fee established by the
city. The application will not be accepted unless it is accompanied by the required fee and meets
the requirements of section 22-32 and this section relating to what constitutes a complete
application.
"
1
ORDINANCE NO. 00 -375 . PAGE 25
Section 17. Section 22-725 of the Federal Way City Code is hereby amended to read as follows:
See. 22-725. MuIti-uBH Multiple unit housing.
The following ùses shaIl be pennitted in the neighborhood business (EN) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
US DIRECTIONS, FlRST,""¡ down to find.... . THEN, '0"'" foc REGULATIONS
E REG
ULA MINIMUMS
110 REQUIR REQUIRED YARDS ZONE
ED
~ NS REVIE HEIGHT Of REQUIRED BN
PARKING
~ W LOT SIZE FRON SIDE RE S1RUCTIJRE SPACES
PROCES T ("""') AR
s
SPECIAL REGULATIONS AND NOTES
MooIIi-uaK Proœss None s.me as th... S""'e asth... L7J>C'unit. 1. nns...m." not be lóoa1ed on the ground ð""'nf.......... The ground fl"",ofthe ""'otme most 00""'" one '"
MDIdnle unit n _ons foc ground ..guloti"", moro other oseí!} oillowedin IIdszone.
housing. ð"",osc. f", ground 2. The subj.... property most am..... ..least 3,600 sq. ft. of lot """"., dwelling unit '" one """ f",CVC>y 12 dwelling
(.--..¡ Seenotes4&7. ðoor.... units.
~ 3. Secdon 22.946 ct oeq. am"'" ..gulotions .....,ding home _on. ood oth.. -os, focilides and "","'des
Stacked usocioted with lids ....
dwelling 4. Ifooyportion of.""'otme on the suhjectpropertyi.within 100 feet ofa single f...ily resid<nâ"¡ zone, then that
units.) portion of the ........ shoill not meed 30 feet above ....... building el"""'on and the "nu""", shoill be oct hock .
- minintum of 20 feet £tom the property line of the residential zone.
S. No m_um lot """..... i. estsbUshed. lnsœod, the hWldahle.... will be de-inod by oth.. .ite development
_ents, i.e.. "'QOired buff.... pmIdng lot landsoopin.. - """ f",i!idos, cto.
6. f", c:ommunity design guidelines that "",Iy to the project, see Artiole XIX.
7. f",loodsooping.........,ents that IIpply to the project, see Artiole xvn.
g. f",sign.........,entsthatllpplytotheprojeot,seeArtiolexvm.
9. Ref.. to So:. 22.946 ct oeq. to detennine what other provi.ions ofthi. ohap>..m.y "",Iy '0 the subj.... property.
Proœss~n.moodIV...deson"bedin Ti I L f",othe"nfonnotionohoutparldngandparldng...... see 122.1376 ctoeq.
1§22.3116-22-411,
22-431-22-160. f",detaiIJ ofwhatm." exoeed thi, hdght limit. see I 22.1046 ct. seq.
22-476-22-49g ....,.œvely. I
f",detailJoeganIing"'QOiredy-, see I 22.1131 ctseq.
ORDINANCE NO. 00 -375. PAGE 26
Section 18. Section 22-751 of the Federal Way City Code is hereby amended to read as follows:
Sec. 22-751. Office/retail.
The following uses shaIl be permitted in the community business (Be) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
USE
RE DIRECI10NS, FIRST, - down to find... . .
GU MINIMUMS
LA REQUIRED
TI YARDS
ON~~
S PROCESS
.TIJEN",",ssf",REGULATIONS
Q
MAXIMUM I REQUIRED
WTSIZEIFR ISID HEIGHTOf PARKING
ON E RE STRUC1UR SPACES
T ~)AR E
ZONE
BC
SPECIAL REGULA nONS AND NOTES
Offi.....
Process n INone
Possible Process ill
O' ~ ~ 13~ obove OffiOðTeWI'
average I f", "",b
Seen...."". buildmg 300 sq. ft. of
elevarino. ....,U...
Seennt..!.. una.
,.
Mi,ed u.."
Deœnnmed
noacaxeby
caxe!wi,.
I. If approved duoogh Procex, m. the height ofa........ may ""coed]S' xbove 'venose buil<ling elevarion to a maximum of '~, if all
of the foUowmg criteria... met
a. Thoad<litiooal heighti, n_to accmnmodatc the partiad..... """Iuctod io the buddmg; and
b. The..bject_""'notadjoina...ldenti~ "",e; and
,. Eaoh - yaM-g the.- is inaeued I" fa< eaob I" the ........ meeds 3~ above ovenIge buildm, el_on; ODd
d. The inaeased height w;U nnt blook views dmgoated by the oomp<ehensive p!an; and I
e. The inaeued height i,_t with goa¡' "pnHci..ro.the una of the ",bject- u mablixhedbythe oompebenaveplan.
2. The following ..""m..... apply to veteri>wy om"" ooIy'
a. May only tteat small anim~, on the "'¡¡ject property.
b. May nnt indude noWde nw 0' other outside faoiliti.. r.. the animal,.
,. Tho ate m""be dmgoed on thatnoi.. &om this... will nntbe aodibleoffthe ..bjectpropert)'. b""'ona _floate'o dU, effect
agoed by om ......"" engin.., and filed with the devol_en, permit appHoation.
3. Asaembly '" mODufactore of goods on the ..bjeot property is permitted ooIy if,
a. The......blya<_of"""" i, ,Iearly """"""to OD~lowed..."",duotedon the ",bject property ODd i, ,""",y..lated 10 ODd
dependent on this ~Iowed ...;
b. The ......bled '" manof""""" goods... available fa< """"sse and "",ovol &om the subject - ODd an fa<"¡e ooIy to..wl
""""axon; and
,. There... no outwanl appeann.. a< impoots from the ......bly a< man_.
- ",biectnrooertvi,oermittedoolvif,
to an ~Iowed ... onnduç!ed on th....bject'
and';'
>elated to ODd
Retail mabliohment ..lIing
-", produoe and ,elated
item,; "'" ODd penon~ ....
produots; boob; liquor.
banIwano; gæden and ..Iated
item" houoebold """" and
fumishmgs; 'lodUng. variety,
home eI_,," "","",g"...,,;
a< wab of art. .
Seeoote I.
Retail mablislunent orovidm.
baoIån. and >elated finan,i~
..moos.
fContinued on next oaaeJ
Process ~ n. ill and IV ... d=ribed in
1122.386-22-411,
22-431-22-460.
22-476-22-4" ,."..œvely.
ODd an ro.,.¡, ooIv to ..wI
,en!. Drive-throu2h facilities 10"" be
no> -.....bly inteñ... with on....e-'
f",other infannmon about podång and podång...... see 1 22-1376.. oeq.
fa<deWl, ofwhatmay exoeed dU, heiglrtlimit. see 1 22.1046.. oeq-
fa<detaile <eganling...,Wmt yanb, see 122.1131 "oeq.
ORDINANCE NO. 00 - 375. PAGE 27
See. 22-751. Office/retaiL (Continued)
The following uses shall be pennitted in the community business (Be) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
USE
HE DIRECTIo.NS, FIRST, «ad dowD to find.... . TIIEN. """" fa< REGULATIONS
GU MINIMUMS
LA REQUIRED
11 YARDS
ON REQUIRED
S :~s
MAXIMUM REQUIRED
LOTSIZEIFR I SID 1 HEIGfITOF PARKING
ON E RE STRUCIUR SPACES
T ~jAR E
ZONE
BC
~
---
-.. 1-
~...m
SPECIAL REGULA nONS AND NOTES
"'--"'---"' ~ ~ 1 If..... ,dllw ......, ..l11.",h",h"f....,......, nod"'".. ....",.n"'.,lno,.,....""'-'ff1',;foJl
- ~ .f".",n.....,.;,........... I
~.1OUiIdiOø ~ .1 ,..dd'"",.lh"",.H.. ".."" ,....,.....Ib,.,""..I" ",.dv-,~I.Ib"";;.ø:o.d "I
oJ-. ~ b 1 ",.,j"""f-" d... ".dj",-id..ooJ".".od
-...... ..... ,'"h....,I..d,.......bo....Ib""',.....¡.m- ..H"'""H.......,........,,""'.h,.. .....b "d'."lr.o,.,..d
.. d1 ,,',.....'db"øh,.n""b',I'i...d..¡..."db¡Ib......h..,I,.I..;..d
~ ,~.I...",.d',""i",.,¡-..., "".,oJ,..""",...." ,...,f",..bj",....,.,..,",kll,h"""Ib",...,.........IRO
~ '~f,n,io,..W"" "..1",--.;.."",.......
~ ."".I,........,n.. ,I",,'b, ,j,"........,
--.. h"".""",d.....ld,",., ,1b.."..","',II'"."',Ib".I..oJ,
,110..1" "",'i..od .Ib.. ,1.."v..IIH, .. in ",' ",h,W"""j",....,.,.h..od,.""""f,"""tIú..w,,,
....d'" """""'Ø'-"..dchd 'lblb,' ,I,. '._1"..".....
¡ '....b~ ......,..,......f"""..Ib'.,j"'r""", ',.-'. ',.1, I~
. 1 " ....hl, .. ...,.."-.. I, "'" """'"'1 " .. 0'1, ,d so ".d.- d ,. Ib, ,j",.......,..d;, Mot', ..I",d ,. ..dl
'... d..,..."...n.. ,h.,;
I ' -p,......bhd.. - ',....;.. '.... ...'10".., "'_. so..d -, .1 60..", "'J'" p-.r-" ROd... "'"oJ""" ,,_n
1-
,.,1 ,""""".""""""""""""6o""""""",.....f......
'So If... ""'"on .. wi""" 100 f.., of. ..,;deorioJ "",e th.. that ""'"on of the -- "'oJl.ot
the-shall be "'bock """""om of20 f..,ñom the """""""oe of the
. Outdoor UK. actmtv " "..... Is...ouIatedbv Sec. 22-1113. 1
7. No ..aorimum 101 """""e Is establlJhe<i. Iostead. the IMldable area will be de>enn"'ed bv other site _loom.., reauitem..... i.e.. I
....,;red buffers. -.. 1011.._.. surface water faeIIln... etc. I
8. Fa<"""""uoitv """.. ouidellires that """'V to the tXQlect. ""ArtIcle XIX.
9. Fa<'~""""".._....that"""'vtolhe..,;ect. ""Artlclexvn.
10. For si.._-that """'v to the..,;ect. ""Artlclexvm.
II. Refer to Sec. 946et.... to""""'ewhatothcrorovisi....ofthisclwrtermavanolvtolhe sub;.."""""", BOd thetXQieet. I
12. Other -. .... may be aooroved bv the Dlreeta< of Commuoitv Dewl......, SeMces If the orooosed ... Is determined to be
consIsteol - adooIed com_", Dl.m oolici.. fa< this -.
""";1 ...," '..... ..0...
",'oR", r~'" ,d ..laI.d
Õ""" .........dr'""'.oJ ,...
....~ all, '"I~; ',"'~
,-.... . or' u,d..I...d
'-';""'~."",...d
~-,... .",1 1101... -..;">.
,...",.. - .""""",."",;
~
~.
RetaIl establlsbm.., orovidln.
laondrv dry cl""""'s beau"""d
barl>er ";oIeo...,,, a<"'oe
repo;, -....
Other -. Dol soecifica1lv lIsted
"'this ""'e. "'.""12.
Process ~ n. m ..01 IV ... descnòed In
1122-386-22-411,
22-431-22-4«).
22-476-22-498.......,.;vely.
1
I
I ~Fa<othcrlofunnarionabootparlåD'aodparlcioø""" "" I 22-1376 et seq.
Fa< detWofwhat_exoeed dris baøht limit, -122-104<1 et seq.
Fa< details reøanIIns requlredyardo, -122-1131 etseq.
ORDINANCE NO. 00 - 375, PAGE 28
Section 19. Section 22-826 of the Federal Way City Code is hereby amended to read as follows:
Sec. 22-826. Office/retail.
The following uses shall be pennitted in the office park (OP) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
US DIRECTIONS: FIRST,"" down to find we. . TIIEN, ""'" fo.- REGUlATIONS
E REG
ULA MINIMUMS
no REQUIR REQ IRED YARDS ZONE
~ NS ED REQUIRED
REVIE IlEIGHTOF PARKING OP
~ w WT SIZE FRON SIDE RE S1RUCIURE SPACES
PROCES T (oacb) AR
S
SPECIAL REGUI,.A nONS AND NOTES
Offi",we. -'OS None 2~ 2~ 2~ SS' obove Offi""" I. If approved througb J'roceg Ill. the beight of """0'" m.,. exoeed 55' .hove .vernge buiJ,"". ele".;on to.
IT SeeomelO. 35' 20' 20" """ """1:1f,,, m","",umof70', if~lofthe following criteria ""mct:
Rct.n P...¡ble bui"tin. ...".300.,. .. The oddition~ b¿gbl ¡. nee......,. '0 acoommodate the ,,"",cui.. we condu<ted in the boil,""g. "'"
ootobtisbment m 50' 2~ 2~ elevation. ft.g""O.... b. The ..bject property doe. n", "'join a ...idωal zooe; ond
pmvi'"". See ouea. o. Eaoh '"'luUed yanI abuttm.!be ""'.... ¡. in......d I' f", eacl> ,. the ""'.... ex","",'" 21: above ovemge
banking and note. I Seeno...2"'!2. Seen..., I '" building elevation; ond
mlate<! "'3. 3. M.cd we" d. The in........ b¿gbl will n", block view, dmgnated by !be oompmh""ive plan; and
financial Detennincd e. The in""uedb¿gbl ¡. """¡.'e," with .oai. "'poli¿e. f",the omaofthe..bjectproperty..emblitbcd by the
oeM"". on a.... by oompmbemive plan.
.... b..i.. 2. Fronlyanl...back: 25' if en",. " visible from R.O.W. and liont faoade ¡, 15% gI...; 35' iflan""",," buff" and
RecaU ""oo of """"-Iàci1¡tioo",, located in the ñonlyanl;", 5~ ifparkin.and drivin...... "" located in theñontyanl.
groceåao, 3. Ifanypomon nfa_onthe..bjectpmperty ¡.witbin 100 feetoh...identi~ ""'e, then th" pomonofthe
produ", and ""'= """ nm exoeed 30 feet obove avernge building elevxtion.
mlate<! ¡tenu. 4. Offi", we m.,. inelude ..,..".." womb"", _, .~.. ",...-vi", f.dtiti.. and ......bly of pmpam<! m"eri~., wlUcl>
See note'. facilities ond ......bly..... utilize DO mom than 20% of the gross floor oma.
5. The ..bjcct property m... be ""igocd.. that ony ""ck parking, loading and maneuvering.....;..... whom noi..
Retail genentin. ou..roo..... and activiti.. may occur, and ven" and....ilM fe"""" "" I....cd.. "'.. po,",ble from any
""",lisbm.... ....dential zooe.
pmvi,"". 6. May nm cooduct any activity ",we on the ..bject property th" involve, the mI.... of toxic ",noxious...... fum.. '"
offi", odon,
""",Ii... 7. Ou>doo< we, activity and ....... " mgulate<! by Sec. 22-1113.
printing and
duplicating. (Contin"" on next page)
Proceø ~ IT. m and IY "" dexribod in L--. ---J F",oth" information about parkin. and parking....... -122-1376 ct '"'I.
1122-386-22-411,
22-431-22-460, Fo.- detail. nfwbat m.,. exceed "'" height limit. "'122-1046 et. '"'I.
22-476-22-4.. ""J>CCÛvely.
F",detail. mgantin8-""" yanIs. _122-1131 ct '"'1.
'----
.Cr... refereDees-Rczoning of this district to be conducted under the quasijudicial =Ding pro<:<:dure, § 21-296 ctseq.; the provisions regarding project-related quasijudicial rezoning
are applicable to the
=ning of this district, § 21-298(b); supplementary district regulations applicable to certain districtreguJations, § 22-946.. seq.
ORDINANCE NO. 00 - 375, PAGE 29
See. 22-826. Office/retail. (Continued)
The following uses shall be pennitted in the office park (OP) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
US DIRECrJONS: FIRST, """ down to find use. . . TIffiN, oemss fa< REGULATIONS
E REG
ULA MINIMUMS
no ~UIR REQUIRED YARDS ZONE
~ NS REVIE JlEIGIITOF ~~ OP
~ ;;"OCES LOT SIZE ~ON ~.':) ~ STRUCTIJRE SPACES
s
SPECIAL REGULATIONS AND NOTES
8. Aoce" toood from drive-tluuush faciHH.. m"" be """"""" by >h, pubHe wo<ks dep-",.. Drive-throush ""illHos
m"" be dm..od.. >hatvolriel.. will ootblook Irnffie m >h,...... wbiI, w,;rln8 m Im,..d will not _ably
mtcñ...wi>h"".,;telrnffieOow. ,
9. The cl>y may approve>h....... if >hey meet !be followin8 ""'nria:
a. They "'" dearly """'<wy to ..d "'ppon;ve of otb" .... '" >he subj'" property allowed m !IUs wo,; ood
b. By>h";,I...,;""..deonfi"",,,.on, >hey ""'princlpally"¡,,,ted'o >h,otb"allowed"", "" >he ",bjoet-
..d >h,,;, employees..d not to >h,..."'¡ publie;..d
e.Itia_le to ...eipate >hat >heno will be a demood fa<>h....... from >heotb"all<>wedbwin....."" >he "'bjoet
property a< >h";,"'pl",,... ond >hat >h... uaea will be priueipally""" by >h... otb" allowod bwom..... a<>h",
employees.
10. No maximwn lot eoverase is O>tab11Jlted.lnsteod, >he bwldable smo will be detennmod by otb" s¡te <level_en,
<eqUimnen... 1.e., ...,..uod buff.... parlcing lot landseapm.. suñaen wate< facili.os. ole.
11. Fa<commum>y dm.. guidelinos >hat apply to >heproj.... sen Artiele XIX.
12. Fm landseaplng RqWmnents !bat apply to !be proj.... sen Artiele XVU.
13. Fa< si.. <eqUimn"",!bat apply to !be project, sen Artid, XVIIl
~- 14. Re("toSeeHon 22-94601.... to detmninewlud otbe<pn,,;sions of this _msy spplyto >h, subj.., property.
Process ~n. mood IV "",deseribedm 11 I L Fa<otb"mfmmaHon sbootparlcingOOdparlång""""sen ¡ 22-1316 01....
II 22-386-22-411,
22-431-22-460. Fa<detallsofwbatmay..eeedthishnlgbtlumt.sen¡22-I046et.seq.
22-476-22-498 "'J>OOÛve!y. I
Fmdetails "ganHngtequited y""'- sen ¡ 22-1131 01 seq.
.Croø references-Rezoning of this distric1 to be conduc1ed under the quasijudicial rezoning procedu", § 22-296 et seq.; the provisions "garding projec1-relaled quasijudicial rezoning...
applicable to the
rezoning of this district, § 22-298(b); supplementary distric1 regulations applicable to certain distric1 regulations, § 22-946 et seq.
ORDINANCE NO. 00 - 375, PAGE 30
Section 20. Section 22-1047 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 22-1047. Exceptions.
The following are excepted from the height limitations of this chapter:
(1)
(2)
(3)
For detached dwelling units:
a.
Vents and chimneys may exceed the maximum height limit.
b.
Rod, wire, dish and other antennas, other than as specified in subsection
(3) of this section, may be placed above the maximum height if approved
using process 1. The city will approve the application if:
1.
Views across the subject property are not substantially impaired;
and
2.
The antenna must be placed above the roofline in order to function
properly.
Except as specified in subsections (I) and (2) of this section:
a.
Rooftop appurtenances may exceed the applicable height limitation by a
maximum of four feet, if the area of all appurtenances and screening does
not exceed ten percent of the total area of the building footprint. These
appurtenances must be located in such a way as to minimize view
blockage.
b.
Appurtenances that do not meet the standards of subsection (2)a. of this
section may be permitted if the director of community development
determines that, based on accurate graphic representations provided by the
applicant, views from adjacent properties will not be significantly
affected.
c.
Any appurtenance, other than chimneys and antennas, must be screened
from all streets and nearby properties. See section 22-960 for requirements
pertaining to rooftop screening.
A radio tower and antenna structure for use by a noncommercial, licensed
amateur operator may be approved through process I III, if the city determines
that:
a.
The radio tower and antenna s~ctures is placed to minimize its visibility
from adjoining properties, while still permitting effective operation;
ORDINANCE NO. 00 - 375, PAGE 31
b.
The radio tower and antenna structure does not extend higher than
reasonably necessary to operate effectively; and
c.
The use of the antenna will not materially interfere with radio and
television reception on nearby properties.
In making its decision on the application, the city shall take into consideration the
strong federal interest in promoting amateur communications and the rules
adopted by the Federal Communications Commission regulating such facilities.
If the city approves the radio tower and antenna structure, it may impose
limitations to mitigate or eliminate any adverse impacts. This may include, but is
not limited to, requiring the use of a telescoping antenna, which would only be
extended during limited periods when the antenna is in use.
Section 21. Section 22-1068 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 22-1068. Class I home occupation.
(a) A Class 1 home occupation is permitted if it meets all of the following
requirements:
(1)
(2)
(3)
(4)
(5)
(6)
It is carried on exclusively by a family member who resides in the dwelling unit;
It has no outside storage, exterior indication or outside activity;
It uses no heavy equipment, power tools or power sources not common to a
residence;
It has no pickup or delivery by commercial vehicles;
It does not include more than four persons per day coming to the subject property
for goods or services;
It creates no noise, dust, glare, vibration, odor, smoke or other impact adverse to a
residential area.
(b) A Class I home occupation which does not meet the requirements of subsection
(a) above may be approved using process II III, if:
(1)
It will not harm the character of the sUlT9unding neighborhood;
\
ORDINANCE NO. 00 - 375. PAGE 32
(2)
It will not include outdoor storage and/or operation of building materials,
machinery, commercial vehicles or tools, that will be visible or audible from or
have an effect on other properties;
(3)
It does not create a condition which injures or endangers the comfort, repose,
health or safety of persons.
Section 22. Section 22-1069 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 22-1069. Class II home occupation.
A family child care homt1, an in-home child care home occupation, is permitted if it
meets all of the following requirements:
(I)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The use must be operated as part of a principal residential use of the subject
property by a resident of the subject property.
This use must be licensed to provide in-home child care services by the state
department of social and health services.
Lot size, building size, setbacks, and lot coverage conform to those applicable to I
the zoning district. If the lot is legal, nonconforming, it may be approved through
a process I III review. .
Not more than two persons not a resident of the dwelling unit may work for the
Class II home occupation at anyone time.
One off-street parking space is provided for each nonresident or nonfarnily
member employee in addition to the spaces required by the zoning district for the
residential use. The residential driveway is acceptable for this purpose.
The city may require an on-site passenger loading area, depending on the number
and nature of the attendees and the extent and nature of existing street
improvements. If located on a major arterial street, an off-street dropoff/pickup
area must be provided.
In residential zones, no exterior alterations are allowed to accommodate the Class
II home occupation, including signage. Only those interior alterations customary
to residential use shall be made.
The applicant shall provide documentat~on that residents living immediately
adjacent to the proposal have been notified of the proposal or the applicant may
provide stamped and addressed envelopes of the residents living immediately
adjacent to the proposal and the city will notify the neighbors.
ORDINANCE NO. 00 - 375, PAGE 33
(9)
In addition to satisfying conditions (1) through (8) above, a family child care
home may also be required to meet the following conditions:
a.
Hour of operation and maximum number of attendees may be limited by
the city to reduce impacts on nearby residential uses.
b.
A six-foot sight-obscuring fence or vegetation may be required by the city
if it is determined that the proposal adversely affects neighbors.
c.
Additional traffic information or mitigation measures may be required if
the community development director or public works director determines
that the proposal may adversely affect intersections or streets in the area.
Section 23. Section 22-1094 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 22-1094. Discretionary approval.
(a) Generally. A land surface modification that does not meet the requirements of
section 22-1093 may be approved through process I III.
(b) Required information. In addition to the application material required in process I,
section 22-386 et seq., the applicant must submit the following:
(1)
(2)
(3)
(4)
(5)
A recent survey of the subject property.
A map showing the limits of the proposed land surface modification; the location
of utilities, easements, right-of-way improvements and any area regulated under
section 22-1221 et seq. that is on or within 400 feet of any area to be disturbed by
the proposed land surface modification.
A tree retention plan.
An erosion control/construction phase stormwater control plan.
A soils report which contains sufficient information to determine the potential
impacts of the proposed land surface modification, as well as proposed measures
to reduce or eliminate these impacts, all as determined by the city.
(c) Decisional criteria. The city may approve the proposed land surface modification
if it complies with the following criteria:
(1)
\
Except as allowed under this chapter, it will not alter or adversely affect streams,
lakes, wetlands or significant trees, either on or off the subject property.
ORDINANCE NO. 00 - 375. PAGE 34
(2)
It will not violate any express policy of the city.
(3)
It meets at least one of the following criteria:
a.
It is necessary to correct an erosion or drainage problem on an
undeveloped site.
b.
It is necessary to create new utility or access corridors.
c.
Other unusual circumstances exist which make it reasonable to permit land
surface modification in advance of the issuance of a development permit,
subdivision or short subdivision approval or shoreline substantial
development permit.
Section 24. Section 22-1133 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 22-1133. Structures and improvements.
No improvement or structure may be in a required yard except as follows:
(I)
(2)
(3)
(4)
(5) .
(6)
A driveway and/or parking area subject to the standards of section 22-1135.
Any improvement or structure, other than a driveway and/or parking area, that is
not more than four inches above finished grade may be anywhere in a required
setback yard.
An improvement or structure, that is not more than 18 inches above fmished grade
may extend not more than five feet into a required yard.
Chimneys, bay windows, greenhouse windows, eaves, awnings and similar
elements of a structure that customarily extend beyond the exterior walls of a
structure may extend up to 18 inches into any required yard. The total horizontal
dimension of the elements that extend into a required yard, excluding eaves, may
not exceed 25 percent of the length of the facade of the structure from which the
elements extend.
Fences and railings not over six feet in height may be located in required yards
subject to the fence regulations contained within this article.
Rockeries and retaining walls may be located in required yards if:
\
a. The rockery or retaining wall is not being used as a direct structural
support fora major improvement; and
ORDINANCE NO. 00 - 375. PAGE 35
(7)
(8)
(9)
b.
The rockery or retaining wall is reasonably necessary to provide support to
a cut or slope.
Signs may be located in required yards subject to provisions of section 22-1596 et
seq.
Covered walkways, no more than eight feet wide and ten feet above finished
grade and open along the sides, are permitted in required yards in commercial,
office and industrial zones.
In low and medium density residential zones, the applicant may, through process I I
III, request approval to locate a storage shed in a required yard, except a required
front yard. The city may approve the application if:
a.
The proposed structure is no more than eight feet high above finished
grade;
b.
The maximum length of the facade of the proposed structure parallel to
each property line, from which the required yard is not provided, shall not
exceed ten feet;
c.
The proposed structure contains no more than 120 square feet in total area;
d.
No reasonable altemative location exists on the subject property due to
special circumstances regarding the size, shape, topography or location of
the subject property or the location for legally constructed preexisting
improvements ofthe subject property; and
e.
Permitting the intrusion onto the required yard will not create a material,
negative impact on the character of nearby residential uses.
Section 25. Section 22-1177 of the Federal Way City Code is hereby amended to read as
follows:
Sec. 22-1177. Exceptions.
(a) A vehicle of any size may be parked on any lot in the city for not more than 48
hours for the exclusive purpose ofloading or unloading the vehicle.
(b) The city may, using process II III, approve a request to park or store a vehicle or
boat of any size on a lot in a residential zone if:
(1)
\
The parking or storage of the vehicle or boat will not be detrimental to the
character of the neighborhood;
ORDINANCE NO. 00 - 375, PAGE 36
(2)
The property abutting the subject property will not be impacted by the parking or
storage;
(3)
(4)
The placement of the vehicle or boat will not create a potential fire hazard; and
The parking or storage is clearly accessory to a residential use on the subject
property and the vehicle or boat is operated by a resident of the subject property.
Section 26. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity or unconstitutionality 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 effect the. validity of the remainder of the ordinance, or the validity of its
application to other persons or circumstances.
Section 27. Effective Date. This ordinance shall take effect and be in force five (5) days
after its passage, approval, and publication, as provided by law.
ORDINANCE NO. 00 - 375. PAGE 37
PASSED by the City Council of the City ofFederal Way at a regular meeting of the City
Council on the --3....- day of Or.TOBRR , 2000.
APPROVED:
~
~Õ-><. .../ /~¿
AYOR,MIKEP.. /
é
ATTEST:
?::-l~(jJ~~~
APPROVED AS TO FORM:
~ c.-#~
INTERIM CITY ATTORNEY, ROBERT C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
9/28/00
10/03/00
10/07/00
10/12/00
00-375
1:\2000 Code AmendmentsIMiscell811eous Code AmendmentsIDraft Or4in811ce.docllO/4/oo I: 13 PM
ORDINANCE NO. 00 - 375, PAGE 38