Ord 01-399
CITY OF FEDERAL WAY
ORDINANCE NO. 01 -399
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING)
OF THE FEDERAL WAY MUNICIPAL CODE RELATING TO CODE
INTERPRETATIONS AND PROCESS I APPEALS; CLARIFICATIONS
TO PROVISIONS RELATING TO LAND USE APPLICATION NOTICES;
SITING EMERGENCY PREPAREDNESS CONTAINERS ON PRIMARY
AND SECONDARY SCHOOL SITES; SENIOR HOUSING; AND
PERSONAL WIRELESS SERVICE FACILITIES (PWSF)
WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July, 1996, which
significantly revised the Federal Way City Code (FWCC), Chapter 22 (Zoning).
WHEREAS, the City of Federal Way fmds that the amendments to FWCC, Chapter 22
(Zoning), relating to Code Interpretations and Process I appeals; Clarifications to Provisions Relating
to Land Use Application Notices; Siting Emergency Preparedness Containers on Primary and
Secondary School Sites; Senior Housing; and Personal Wireless Service Facilities (PWSFs) will
provide for improved review processes.
WHEREAS, the City of Federal Way finds that the code amendments relating to Code
Interpretations and Process 1 appeals; Clarifications to Provisions Relating to Land Use Application
Notices; Siting Emergency Preparedness Containers on Primary and Secondary School Sites; Senior
Housing; and Personal Wireless Service Facilities (PWSFs) will implement and are consistent with the
Federal Way Comprehensive Plan; and
ORD # 01-399
,PAGE I
t~[PY
WHEREAS, the City's SEPA Responsible Official issued a Detennination of Nonsignificance on
the code amendments relating to Code Interpretations and Process I appeals; Clarifications to Provisions
Relating to Land Use Application Notices; Siting Emergency Preparedness Containers on Primary and
Secondary School Sites; Senior Housing; and Personal Wireless Service Facilities (PWSFs) on May 23,
2001; and
WHEREAS, the Planning Conunission conducted duly a noticed public hearing on the code
amendments relating to Code Interpretations and Process I appeals; Clarifications to Provisions
Relating to Land Use Application Notices; Siting Emergency Preparedness Containers on Primary and
Secondary School Sites; Senior Housing; and Personal Wireless Service Facilities (PWSFs) on June 20,
2001, and forwarded a reconunendation of approval to the City Council; and
WHEREAS, the Land Use Transportation Conunittee of the Federal Way City Council
considered the code amendments relating to Code Interpretations and Process I appeals; Clarifications
to Provisions Relating to Land Use Application Notices; Siting Emergency Preparedness Containers on
Primary and Secondary School Sites; Senior Housing; and Personal Wireless Service Facilities
(PWSFs) on July 2, 2001, following which it reconunended adoption of the text amendments.
WHEREAS, the City Council finds that the code amendments relating to Code Interpretations
and Process I appeals; Clarifications to Provisions Relating to Land Use Application Notices; Siting
Emergency Preparedness Containers on Primary and Secondary School Sites; Senior Housing; and
Personal Wireless Service Facilities (PWSFs) are consistent with the intent and purpose of FWCC,
Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public.
ORD#(JI-399-,.PAG&2 -
"
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES
HEREBY ORDAIN AS FOLLOWS:
Section I. Findings. After full and careful consideration, the City Council of the City of Federal
Way finds that the proposed code amendments will protect and will not adversely affect the public health,
safety, or welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law
with respect to the decisional criteria necessary for the adoption of the proposal:
1.
The proposed FWCC text amendments are consistent with, and substantially implement, the
following Comprehensive Plan goals and policies:
LUGi
improve the appearance and function of the built environment.
PUG2
Work with private utility companies to allow them to provide service in a
way that balances cost-effectiveness with environmental protection,
aesthetic impact, public safety, and public health.
PUPi
The City's right-of-way permitting process should not unnecessarily
delay the expansion or improvement of the utility network.
LUP4
Maximize efficiency of the development review process.
LUP6
Conduct regular reviews of development regulations to determine how to
improve upon the permit review process.
2.
The proposed amendments relating to Code Interpretations and Process I Appeals, Land Use
Application Notices, and Senior Housing bear a substantial relationship to public health,
safety, or welfare because they will result in improved review processes, by providing
consistency between requirements and standards and clarification for those using the code.
The code amendments relating to Emergency Preparedness Containers bear a substantial
relationship to public health, safety, or welfare because they will provide for emergency
supplies for schools in event of a disaster. The code amendments pertaining to the location
and siting of Personal Wireless Service Facilities (PWSFs) will provide certainty to the
ORD#01-399
,PAGE3
process for providing PWSF services, resulting in improved services to consumers, while
limiting the potential for negative visual impacts due to excessive height of structures.
and
3.
The proposed amendments are in the best interest of the residents of the city because they
will clarify code provisions related to code interpretations and Process I appeals; clarify code
provisions for land use application notices; provide for the siting of emergency preparedness
supplies within containers on school sites for the use and benefit of the surrounding residents;
clarify code provisions for senior housing; and provide for the expansion of the PWSF
system within the City, providing wireless service to the City's residents while limiting the
potential for negative visual impacts due to excessive height of structures. These amendments
will provide certainty and consistency to the review process while protecting surrounding
properties, which is in the best interest of the City's residents.
Section 3. Amendment. FWCC, Chapter 22 is amended as set forth in the attached Exhibit A.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
ORD # 01-399
, PAGE 4
PASSED by the City Council of the City of Federal Way at a regular meeting of the City
Council on the --1.!L day of
AUlmst
, 2001.
ApPROVED:
~~~~ ,/2 4-
MAYOR, MIKEP /'
ATTEST:
'?1:., ~~~
ApPROVED AS TO FORM:
~c~~
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERIC
PASSED BY THE CITY COUNCIL:
07/10/01
08/07/01
08/11/01
08/16/01
01-399
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No.:
[:\2001 Code AmendmentslPhase II MiscelianeouslLUTCIOrdinance.DOC/06l27/2001 II: 13 AM
ORD #01-399
,PAGE 5
EXHIBIT A
I.Uool Cod. Am."'m~u\PhM.1I MI.œIlMw",ILUrac",. Am~'m~U '" LUTCDOCILM' pci"", 07/1012001955 AM
22-348 Interpretations.
The director of community development services may, acting on his or her own initiative or
in response to an a written inquiry, in the format outlined in Sec. 22-347, issue interpretations of
any of the provisions of this chapter.
22-350 Appeals.
(c) An appeal of an interpretation of this chapter will be reviewed and decided upon using
prOC6SS IV the process for appeals outlined in Chapter 22, Article VI (Process III - Project
Approval).
22-355 Appeals.
(d) Appeal process. Appeals of an administrative decision will be reviewed and decided upon
using proC6SS IV the process for appeals outlined in Chapter 22, Article VI (Process III - Project
Approval).
E""'~ "",,"","~ Å
Ph '-" '- -.l. <-I F ~
LUool C<>d, Am"dm",.IPhu, II Mi,œll"~,\LUTC\C,,d, Am"dm",. ~ LUTC.DOClLuI primod 0711012001 9.55 AM
22-392 Notice.
(a) Content.
(4) 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 IIfIGer RC\F 3é.70.^..440.
Note: RCW 36. 70A.440 has been replaced with RCW 36. 70B.O70 - this new section doesn't
specifically reference any studies, but merely provides that a local government may request
additional information or studies at the time of notice. The reference to state law is unnecessary.
22-436 Notice.
(a) Contents.
(I) Notice of application.
d. A brief description of the requested decision and a list of the project permits included
in the application and, if applicable, a list of any studies requested unGer RCW 3é.70,^.,440.
Note: RCW 36. 70A.440 has been replaced with RCW 36. 70B.O70 - this new section doesn't
specifically reference any studies, but merely provides that a local government may request
addilional i'!formation or studies at the time of notice. The reference to state law is unnecessary.
E""" ""............... A
Pj.\'-,-~JF "
L~OOI Codo Am"dm,,"IPhuo" M"',"'"oo",ILUTc\CodoAm"dm,," ,"LUTCDOelL", p"""'07/IOI2001 '55 AM
Emergency Preparedness Containers.
A note will be added to all Use Zone Charts allowing schools to allew locate containers on-site for
the storage of emergency preparedness supplies as an accessory use. Containers may not be located in
any required yard. CgRtaiR@rs must b@ SÐf@@R@d'[rem adjaÐ@Rt prep8rti@s by a [,,'@ fugt "'id@ strip gf
Typ@ III laRdsÐapiRg. Landscaping may be required by the director of community development services
to screen the installation if the proposed location will be visible from a public right-of-way and/or
neighboring properties. Siting is subject to review and approval under Process I (Site Plan Review)
unless proposed as a component of another project; in which case the siting of the container will be
reviewed as part of the overall development proposal and subject to the underlying review process.
Note: This provision would be added to FWCC Sections 22-605 (schools in the SE zone); 22-
639 (schools in the RS zone); 22-674 (schools in the RM zone); 22-697 (schools in the PO zone);
22-724 (schools in the BN zone); 22-755 (schools in the BC zone); 22-799 (schools in the CC-C
zone); 22-812 (schools in the CC-F zone); and, 22-829 (schools in the OP zone).
E"'"" ""~"- A
PA,-,,--3- ""¡I= ~
L~OOI Coo, Am",dm,""IPhti, 11 '1i'"II."~"'\LUTaCOO, Am,"dmmu '" LUTCDOCfLtil pO",," 1I'i1O12001 0.55 AM
Sec. 22-640. Senior citizen or sSpecial needs housing. (Continued)
The following uses shall be permitted in the single family residential (RS) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . .. THEN, across for REGULA nONS
Minimums I Maximums
Required Yards
'"
z
0
¡:
:s
;;;
USE ¡;¡
0:
"
0
'00:
H
~~
Ñ
Vi
.3
~
u
"
t
ð
u
:3
~ "
H
:i!Æ
0
il
'0'"
.~ 1:'
n
ZONE
RS
Æ
"
'0
Vi
æ
~
SPECIAL REGULA nONS AND NOTES
-
b. Locating limited commercial uses on tlie subject property is clearly reasonable considering the size of the subject property,
the location of the sobject property and access to the subject property.
c. Any adverse impacts or undesirable effects of locating retail establishments on the subject property can be eliminated or
significantly reduced through conditions imposed as part of the approval.
d. The retail establishments will be under common management with the residential uses on the subject property.
e. The city may approve the following limited retail establishments under this section: (I) Grocery stores containing no more
than 3,000 sq. ft.; (2) Pharmacies; (3) Clothing cleaners; (4) Beauty andlor barber shops; (5) Banks, excluding drive-in facilities;
(6) Travel agents; (7) Restaurants, excluding fast food restaurants; (8) Arts and craft supply stores; (9) Flower and gift shops.
5. No façade of any structure may exceed 120 ft. in length. In addition, any façade of a structure that exceeds 50 ft. in length most
be modulated as follows:
a. The minimum depth of the modulation is three ft.
b. The minimum width of the modulation is four ft.
c. The maximum width of the modulation is 35 ft.
6. Ifany portion of a structure on thesubject property is within 100 ft. of a low density use, then either:
a. The height of that structure shall not exceed IS ft. above average building elevation; or
b. The façade of that portion of the structure parallel to the low density use shall not exceed 50 ft. in length.
7. Refer to § 22-946 et seq. to detennine what other provisions of this chapter may apply to the subject property.
8. Maximum lot coverage is as follows:
a. In RS 3S.0 = SO%.
b.lnRSIS.0=50%.
c.ln RS9.6=60%.
d.ln RS 7.2 =60%.
e. In RS 5.0 = 60%.
9. Refer to Article XVII, Landscaping, for appropriate requirements.
10. For sign requirements that apply to the project, see Article XVIII.
II. For community design guidelines that apply to the project, see Article XIX.
L For other infonnation about parking and parking areas, see § 22-1376 et seq.
Process I, II, III and IV described in
§§22-3SI-22-3S'6,
22-361-22-370,
22-386-22-411
22-431 - 22-460 respectivelv.
I
For details of what may exceed this height limit, see § 22-1046 et seq.
For details regarding required yards, see § 22-1131 etseq.
(Ord. No. 90-43, § 2(20.4S), 2-27-90; Ord. No. 93-170, § 7(Exh. B). 4-20-93; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-333, § 3,1-19-99)
'~OOt Cod, Am'"dm,.."IPhæ, II Mi""',"oo",ILUTClC..d, Am,"dm,.." '" LUTCPOCJLæ' p,'""d 0711&2001 955 AM
22-966
Personal Wireless Service Facilities (pWSF).
(5) Appropriate public rights-ai-way. For the purposes of this section, appropriate
public rights-of-way shall be defined as including those public rights-of-way with functional
street classifications of principal arterial, minor arterial, and principal collector. A PWSF may
be located on existing structures in appropriate public rights-of-way. Structures proposed for
location of PWSF's shall be separated by at least 330 linear feet. Within any residential zone,
neighborhood business (BN) zone, or professional office (PO) zone, there shall be no more
than one PWSF located on a? ~xisting structure. Exioting stnlotllres i~ a~:~a~~~ P:~~
nght5 af "'ay shall Rat B. elIgiBle far sllBmlttal af a liS. PH!G80S applIGatI aG t af a
PWSF far an. ~'.ar Ham tn. <lat. afth. Gampl.tisn sf GsnstnlGtisn ar alt.r-ation. Location of a
PWSF on an existing structure in an appropriate public right-of-way shall require a right-of-
way permit in addition to the required use process approval.
The preferred order of functional street classifications for this category of sites is as
follows:
Principal Arterial
Minor Arterial
Principal Collector
If the PWSF is proposed to be located in an appropriate public right-of-way and the
surrounding uses or zoning are not the same, that portion of the right-of-way with the most
intensive use and/or zoning shall be the preferred location.
If the PWSF is proposed to be located in an appropriate public right-of-way and
surrounding uses or zoning are the same, the preferred location shall be that portion of the
right-of-way with the least adverse visual impacts.
22-967
Development standards.
The following development standards shall be followed in the design, siting, and
construction of a personal wireless service facility....
(2) PWSFs located on structures within appropriate public rights-ai-way. These
facilities shall conform to the following development standards:
a. The PWSF shall consist only of the following types offacilities:
I. A microcell or a minor facility; or
2. A PWSF that exceeds the minor facility thresholds for number of antennas,
dimensions, and/or area, but creates no more adverse impacts than a minor facility, as
determined by the director of community development services, subject to meeting all
of the following standards:
F"I"'" ";,"","-
[~')O c"" Am'"'m""IPhu, II M;",II~-\LUTC\C"", Am'"'m'"" " LUTCDOCIlu< pO",,' 07/1012001 955 AM
A
f-r., -S -:~
-'----.
i. The facility shall not create substantially more adverse visual impact than
a minor facility; and
ii. The equipment cabinet for the PWSF shall meet all requirements of
subsections (5) and (6) of this section; and
iii. The maximum size of the PWSF panels and number of antennas shall be
determined by the director of community development services, based on the
specific project location, surrounding environment, and potential visual impacts,
The maximum size of antennas to be located on existing structures in a public
right-of-way shall be two feet in diameter for parabolic antennas, eight feet in
height for panel antennas, and 15 feet in height for whip antennas; and
iv. The PWSF shall comply with all other applicable standards of the Federal
Way City Code.
b. The combined antennas may extend up to the minimum necessary height to meet
safety clearances required bv the operator of the existing structure, but not exceed 15 feet
above the existing structure,.plus the height of the proposed antennas as specified in Section
22-967(2)(a)(2)(iii). The maximum allowable height of the new structure with the PWSF
antennas shall be detennined by the director of community development services, depending
upon the antenna type, design, location on the structure, and the proposed method of
attachment. An existing structure can be increased in height only once per 12-month period.
Any structure, whether a new or replacement structure, located in a public right-of-wav must
be similar in tenDS of size (except height), shape, color, material, and location to the existing
and surrounding structures, as detennined by the director of community development
services. This distaRGe may B@ iRGr@aced B~' the miRimllm ReGeScary additieRal height te
meet the safety GlearaRGes re¡¡lIir@d by th@ efJ@r-ater eftb@ existiRg struGtllr@. The antenna
extension may be pennitted regardless of whether the existing structure is in confonnance
with the maximum height of the underlying zone as outlined in the use zone charts, Article
Xl of this chapter, District Regulations.
22-970
Application requirements.
(a)(lO) Oth@r infermatien as deemed RGG@Ssary by the CemmllRity D@HGlefJmGnt
~. The city may require the applicant, at the applicant's expense, to provide any
additional infonnation, mapping, studies, materials, inspections, or reviews that are reasonably
necessary to implement this article and to require that such infonnation, studies, mapping,
materials, inspections, and reviews be reviewed by a qualified professional under contract to
the city, also at the applicant's expense.
E~~r "- ---- A
PAL,-~QF ~
IUOOI C"",Amffidm_\Ph~, II Mi~"""ffi",\LUTC\C"d'Am"dm""'oLUTC DOm~, ",¡""d omw,ool 955 AM