ORD 23-955 - Relating to Community Business (BC) ZoneORDINANCE NO.23-955
AN ORDINANCE of the City of Federal Way, Washington, relating to
height of minor and supporting structures for school uses in the
Community Business (BC) zoning district; amending FWRC
19.220.040 (Amending Ordinance Nos. 90-43, 93-170, 96-270, 97-291,
01-385, 01-399, 03-443, 07-559, 08-585, 09-604, 09-605, 11-700, and 12-
735).
WHEREAS, the City of Federal Way ("City") recognizes the need to periodically modify
Title 19 of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order
to conform to state and federal law, codify administrative practices, clarify and update land use
and zoning regulations as deemed necessary, and improve the efficiency of the regulations and the
development review process; and
WHEREAS, the Washington Growth Management Act requires that development
regulations be subject to continuing evaluation and review; and
WHEREAS, the City has initiated a code amendment to add a provision to the school use
zoning chart in the Community Business (BC) zoning district, Federal Way Revised Code (FWRC)
19.220.040; and
WHEREAS, State agencies received 60-day notice of the proposed amendment on
September 22, 2022; and
WHEREAS, this ordinance, containing an amendment to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to
Chapter 19.35 FWRC; and
WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly
issued for the proposed code amendment on September 2, 2022, no comments were received and
Ordinance No. 23-955 Page I of 9
the DNS was finalized on October 7, 2022, and no appeals were filed and the appeal period has
expired; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on this code amendment on December 7, 2022; and forwarded a recommendation of approval to
the City Council; and
WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council
considered this code amendment on March 6, 2023, and recommended adoption of the text
amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendment.
(a) The recitals set forth above are hereby adopted and restated as findings of fact.
(b) This code amendment is in the best interest of the residents of the City and will
benefit the City as a whole by allowing opportunity to increase height for minor and supporting
structures for school use in the Community Business (BC) zone, consistent with other zoning
districts: Suburban Estate (SE); Single -Family Residential (RS); Multifamily Residential (RM);
City Center Frame (CC-F); and City Center Core (CC-C). Schools and their associated facilities
are used by many segments of the community for various activities in addition to school related
uses. The amendment ensures conformance with state law, protecting public health and safety.
(c) This code amendment complies with Chapter 36.70A RCW, Growth Management.
Ordinance No. 23-955 Page 2 of 9
(d) This code amendment is consistent with the intent and purpose of its title under
FWRC and will implement and is consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
(e) This code amendment bears a substantial relationship to, and will protect and not
adversely affect, the public health, safety, and welfare.
FWRC.
(f) This code amendment has followed the proper procedure required under the
Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and
based upon the recitals and 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 proposed amendment:
(a) The proposed FWRC amendment is consistent with, and substantially implements,
the following Federal Way Comprehensive Plan goals and policies:
LUP1 Use development standards and design guidelines to maintain
neighborhood character and ensure compatibility with surrounding
uses.
LUP 26 Provide for a mix of commercial and residential uses in most commercial
areas.
LUP 29 Ensure compatibility between non-residential developments and
residential zones by regulating height, scale, setbacks, and buffers.
(b) The proposed FWRC amendment bears a substantial relationship to the public
health, safety, and welfare because the amendment would allow greater flexibility in
designing and siting of minor and supporting structures for school uses. The impacts of
Ordinance No. 23-955 Page 3 of 9
these facilities can be reduced by allowing fewer, but taller structures. School uses serve
a large and diverse segment of the population and this amendment would be consistent
with potential height increase allowances for similar uses in other zoning districts
throughout the City.
(c) The proposed amendment is in the best interest of the public and the residents of the
City of Federal Way because it is consistent with existing FWRC code provisions which
allow opportunity to increase height for minor and supporting structures for school uses in
the following zones: SE; RS; RM; CC-F and CC-C, and is consistent with potential height
increases allowed for public park use in all zoning districts in the City. This amendment
extends that opportunity to school uses in the BC zone. Schools and their associated
facilities are used by many segments of the community for various activities in addition to
school related uses. For these reasons, the proposed amendment will be in the best interest
of the residents of the city.
Ordinance No. 23-955 Page 4 of 9
Section 3. FWRC 19.220.040 is hereby amended to read as follows:
19.220.040 Schools — Day care facilities, commercial — Animal Kennels.
The following uses shall be permitted in the community business (BC) 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 REGULATIONS
Minimums
Required Yards
Required
Height of
Required
Review
Process
LotTFront
Size
Rear
Structure
Parking Spaces
USE REGULATIONS
h)
SPECIAL REGULATIONS AND NOTES
� b
Schools; business,
Process
None
20
0 ft.
0 ft.
55 ft.
High school: 1 for
1. Building height may not exceed 30 ft. AABE when located within 100 ft. of a
vocational, or trade
II or,
ft.
above
each employee and
residential zone.
schools
with
average
1 for each 10
2. Except for gyms, if approved by the director of community development services, the
SEPA,
Except 20
building
students
height of a structure may exceed 35 ft. above average building elevation (AABE) to a
Day care facilities,
Process
ft. along
elevation
maximum of 55 ft. AABE, if all of the following criteria are met:
commercial
III
residential
(AABE)
Elementary/Middle:
a. The additional height is necessary to accommodate the structural, equipment, or
zones
for gyms if
1 for each employee
operational needs of the use conducted in the building, and/or all ground floor spaces
Animal kennels or
Outdoor uses for
located
have a minimum floor -to -ceiling height of 13 ft. and a minimum depth of 15 ft.;
animal care facilities
animals, such as
100 ft. or
BusinessNocational
b. Height complies with note 1;
more from
/Trade: 1 for each
c. Height over 35 ft. is set back from nonresidential zones by one ft. for each one ft.
open-air
kennels, runs,
an
employee and 0.5
of height over 35 ft.; and
training yards, or
adjacent
for each student
d. Rooflines are designed to avoid a predominantly flat and featureless appearance
show facilities,
residential
through variations in roof height, forms, angles, and materials.
shall set back
zone
Day care: 1 for each
3. For any structure, including gyms, an increase in height above 35 ft. shall not block
from
ft. from any
300 sq. ft. of gross
views designated by the comprehensive plan.
property line
pr
35 ft.
floor area
4. Day care facilities must contain an outdoor play area with at least 75 sq. ft. for each
above
child using the area at any one time. This play area must be completely enclosed by a
See notes 2, 4,
average
Kennel and care
solid fence or other screen at least six ft. in height. Play equipment and structured play
8 and 11
building
facilities:
areas must be set back at least five ft. from each property line.
elevation
1 for each 300 sq. ft.
5. Day care facilities, animal kennels, or animal care facilities may include accessory
(AABE),
of gross floor area
living facilities as defined by FWRC 19.05.010.
to 55 ft.
6. Day care facilities and schools must comply with the requirements of the State
AABE, for
Department of Social and Health Services and/or the State Superintendent of Public
all other
Instruction.
structures
7. All activities pertaining to schools, business or vocational schools, or trade schools,
such as auto repair or other uses that may impact adjacent properties, must take place
See notes
within an enclosed building.
1 — 3
8. Animal kennels and animal care facilities must be designed so that the maximum
permissible noise levels from outdoor runs and other open areas comply with the
provisions of FWRC 7.10.050, and such outdoor areas shall be screened from adjacent
properties by 10 ft. of Type III landscaping, as defined by Chapter 19.125 FWRC, or
greater buffer as required therein.
Ordinance No. 23-955 Page 5 of 9
Process I, ll, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
9. No maximum lot coverage is established. Instead, the buildable area will be
determined by other site development requirements, i.e., required buffers, parking lot
landscaping, surface water facilities, etc.
10. For community design guidelines that apply to the project, see
Chapter 19.115 FWRC.
11. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
12. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
(Continued on next page)
For other information about parking and parking areas, see Chapter 19.130 FWRC.
For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
For details regarding required yards, see FWRC 19.125.160 et seq.
19.220.040 Schools — Day care facilities, commercial — Animal Kennels. (continued)
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
LotlFront
Size
Required Yards
USE REGULATIONS
� b
Required
Review
Process
Height of
Structure
Required
Parking Spaces
SPECIAL REGULATIONS AND NOTES
Rear
13. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may
apply to the subject property.
14. Schools may locate containers on site for the storage of emergency preparedness
supplies as an accessory use. Containers may not be located in any required yard.
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,
director's approval, 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.
15. Site design, including the location of parking and passenger loading areas, shall be
designed to reduce impacts on nearby residential areas.
16. Minor and supporting structures constructed as a functional requirement of schools
may exceed the applicable height limitation; provided, that the Director determines that
such structures will not significantly impact adjacent properties.
Ordinance No. 23-955 Page 6 of 9
SE ZONE CHART
IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Reauired Yards
I lHeight of Required
Review Lot Side Structure Parking Spaces
Process Size Front Rear
USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES
d a
For other information about parking and parking areas, see Chapter 19.130 FWRC.
For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
For details regarding required yards, see FWRC 19.125.160 et seq.
[ordinance to continue on next page]
Ordinance No. 23-955 Page 7 of 9
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. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 7. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way this 4th day of April, 2023.
[signature page to follow]
Ordinance No. 23-955 Page 8 of 9
CITY OF FEDERAL WAY:
ATTEST:
S�AAIANIE COURTNEY(�C, CITY CLERK
APPROVED AS TO FORM:
1..1�
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
03/15/2023
04/04/2023
04/07/2023
04/12/2023
23-955
MAYOR
Ordinance No. 23-955 Page 9 of 9