ORD 23-961- Incorporating View Protection Zoning OverlayORDINANCE NO.23-961
AN ORDINANCE of the City of Federal Way, Washington, relating to
incorporating view protection as a zoning overlay affecting limited
properties in the City Center core (CC-C) and City Center frame (CC-
F) zones; amending FWRC 19.05.150, 19.190.010, 19.190.020,
19.190.060; and adding a new Chapter 19.245 FWRC, including section
19.245.010 (Amending Ordinance Nos. 90-43, 96-270, 07-559, 08-583,
08-585, 09-593, 09-597, 09-610, 12-727, 20-898).
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 code amendments to add a provision to incorporate view
protection for limited properties in the City Center core (CC-C) and City Center frame (CC-F)
zones; and
WHEREAS, State agencies received 60-day notice of the proposed amendments on
January 25, 2023 (ID 2023-S-4737); and
WHEREAS, this ordinance, containing amendments 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 amendments on January 27, 2023, no comments were received and
Ordinance No. 23-961 Page 1 of 12
the DNS was finalized on February 17, 2023, and no appeals were filed and the appeal period has
expired; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on March 15, 2023; and, forwarded a recommendation of approval,
incorporating a legal way to define the view of Mt. Rainier to the City Council; and
WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council
considered these code amendments on June 5, 2023, and recommended adoption of the text
amendments and zoning map 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 amendments.
(a) The recitals set forth above are hereby adopted and restated as findings of fact.
(b) These code amendments are in the best interest of the residents of the City and will
benefit the City as a whole by limiting the height of buildings that would block the natural view
of Mount Rainier from Town Square Park and the Performing Arts and Events Center (PAEC).
By limiting building heights for a portion of the City Center, the natural views of Mount Rainier
will be available to residents, employees, and visitors from downtown public spaces.
(c) These code amendments comply with Chapter 36.70A RCW, Growth Management.
(d) These code amendments are 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.
Ordinance No. 23-961 1Page 2 of 12
(e) These code amendments bear a substantial relationship to, and will protect and not
adversely affect, the public health, safety, and welfare.
FWRC.
(f) These code amendments have followed the proper procedures 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 amendments:
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
CCG20 Consider protecting views from civic buildings and uses, such as the Performing
Arts and Events Center, for the enjoyment of citizens.
CCP43 Consider providing incentives, and/or adopt regulations, for view protection of
scenic vistas.
LUP1 Use development standards and design guidelines to maintain neighborhood
character and ensure compatibility with surrounding uses.
(b) The proposed FWRC amendments bear a substantial relationship to the public
health, safety, and welfare because the amendments provide provisions in the code to preserve
views of Mt. Rainier from established public spaces in the City's downtown. The proposed code
amendments are specific in both the intended scope of view to preserve and from what vantage
points. The natural view of Mount Rainier is considered a public asset, as determined in the City's
Comprehensive Plan.
Ordinance No. 23-961 Page 3 of 12
(c) The proposed amendments are in the best interest of the public and the residents of
the City of Federal Way because they are intended to limit the height of buildings that would block
the natural view of Mount Rainier from Town Square Park and the PAEC. By limiting building
heights for a portion of the City Center, the natural views of Mount Rainier will be available to
residents from downtown public spaces. For these reasons, the proposed amendments will be in the
best interest of the residents of the city.
Section 3. FWRC 19.05.150 is hereby amended to read as follows:
"Occupant" means a person that legally occupies a structure or property.
"Office use " means a place of employment providing services other than production, distribution,
sale or repair of goods or commodities, and includes but is not limited to: medical, dental or other
health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar
professional services; management, administrative, secretarial, marketing, advertising, personnel
or other similar personnel services; sales offices where no inventories or goods are available on
the premises; real estate, insurance, travel agent, loan companies, brokerage or other similar
services. The following uses are specifically excluded from the definition of "office": banks,
savings and loan companies and similar financial institutions.
"Office zones" mean the PO, OP and CP-I zoning districts.
"On -site hazardous waste treatment and storage facilities" means facilities which treat and store
hazardous wastes generated on the same property or geographically contiguous properties, which
may be divided by public or private right-of-way if the entrance and exit between the properties is
at a crossroads intersection and access is by crossing as opposed to going along the right-of-way.
"Open house " means an event held at a specific location, that is open to the public, and where the
event holder remains in attendance during the event.
Ordinance No. 23-961 Page 4 of 12
"Open record hearing" means a hearing that creates the city's record'of decision for an application
or appeal through testimony and submission of evidence and information, under procedures
prescribed by the city's hearing examiner or the city council. An open record hearing may be held
prior to the city's decision on an application, or as part of an appeal.
"Open space " means an area of land that is valued for natural processes and wildlife, for
agricultural production, for active and passive recreation, and/or for providing other public
benefits. In certain cases, open space may refer to both outdoor and indoor spaces that provide
active or passive recreational amenities for a development's occupants or users.
"Open space, common, " means open space which is normally utilized by the occupants of a
building or property.
"Open space, private, " means open space, the use of which is normally limited to the occupants
of a single dwelling.
"Open space, public, " means open space owned by a public agency and maintained by it for the
use and enjoyment of the general public.
"Ordinary high water mark" means, on lakes, streams and tidal waters, that mark found by
examining the bed, banks, or shore and ascertaining where the presence and action of waters are
so common and usual, and so long continued in ordinary years, as to mark upon the soil or land a
character distinct from that of the abutting uplands with respect to vegetation. Where the ordinary
high water mark cannot be found by mark, the ordinary high water mark shall be the line of mean
high tide for salt water and the line of mean high water for fresh water. In any stream where neither
mark nor mean high water can be found, the channel bank shall be substituted. In braided channels
and alluvial fans, the ordinary high water mark or substitute shall be located so as to include the
entire stream feature.
Ordinance No. 23-961 Page 5 of 12
"Outdoor" means not contained within a building.
"Outdoor storage " means any material or item (including vehicles) being stored for or awaiting
sale, lease, processing or repair and not enclosed within a building.
"Outdoor storage containers" means new or used prefabricated metal or steel enclosures used for
the accessory storage of supplies, equipment, inventory, goods, commodities, or construction -
related materials; or temporary offices for active construction sites; designed without an axle or
wheels; and capable of being mounted on a chassis or bogie for movement by truck, trailer, railcar,
or ship. This definition includes, but is not limited to, cargo, shipping, and freight containers; and
excludes typical residential accessory buildings or structures such as garages and storage sheds;
garbage and recycling containers; containers mounted on a truck or in some stage of transport;
structures used or designed to be used as living facilities; and portable moving containers as
defined in this chapter. See FWRC 19.125.180 and 19.125.190.
"Overlays" means zoning overlay areas. See FWRC 19.190 and 19.245.
"Owner" means, in reference to real property, the person or persons holding fee title to the
property as well as the purchaser or purchasers under any real estate contract involving, the real
property.
Section 4. Chapter 19.190 FWRC is hereby amended to read as follows:
Chapter 19.190 General Zoning and Overlay Regulations
Section 5. FWRC 19.190.010 is hereby amended to read as follows:
19.190.010 Categories enumerated.
The city is divided into the following zoning classification categories with the abbreviations
shown:
Ordinance No. 23-961 Page 6 of 12
Zoning Category
(1) Suburban estate
zones
(2) Single-family
residential zones
(3) Multifamily
residential zones
(4)
Professional office
zones
(5)
Neighborhood
business zones
(6)
Community business
zones
(7)
City center core and
city center frame
zones
(8)
Office park zones
(9)
Commercial
enterprise zones
(10) Planned areas
(11) Corporate park
zones
Symbol
SE
RS (followed by a
designation indicating
minimum lot size per
dwelling unit)
RM (followed by a
designation indicating
minimum lot size per
dwelling unit)
PO
BN
BC
CC-C and CC-F
OP (OP-1 — OP-4)
CE
PA (followed by a
designation indicating
which planned area)
CP-1
The city contains the followingoverlay categories with the abbreviations shown:
Overlay Cateavry Symbol
(1) Mount Rainier view VP
protection
Section 6. FWRC 19.190.020 is hereby amended to read as follows:
19.190.020 Zoning and overlay boundary interpretation.
(1) Following property lines. Where a zone or overlay boundary is indicated as approximately
following a property line, the property line is the zone boundary.
Ordinance No. 23-961 Page 7 of 12
(2) Following streets. Where a zone or overlay boundary is indicated as following a street, the
midpoint of the street is the zone boundary.
(3) Other cases. Where a zone or overlay boundary is not indicated to follow a property line or
street, the boundary line is as drawn, based on the scale shown on the zoning map.
(4) Puget Sound. Where a zone or overlay abuts upon or extends into Puget Sound, the zone or
averlay boundary extends into Puget Sound to the full limit and territorial extent of the police
power, jurisdiction and control of the city.
(5) Classification of vacated rights -of -way. Where a right-of-way is vacated, the area comprising
the vacated right-of-way will acquire the zone classification of the property to which it reverts,
along with any applicable overlays.
Section 7. FWRC 19.190.060 is hereby amended to read as follows:
19.190.060 Application of zoning regulations.
Except as otherwise provided in this title:
(1) No building or part thereof or other structure shall be erected, altered, added to, or enlarged,
nor shall any land, building, structure, or premises be used, designated, or intended to be used for
any purpose or in any manner other than is included among the uses listed in this title as permitted
in the district in which such building, land, or premises is located.
(2) No building or part thereof or structure shall be erected, reconstructed, or structurally altered
to exceed in height the limit designated in this title for the district in which such building is located.
(3) No building or part thereof or structure shall be erected, nor shall any existing building be
altered, enlarged, or rebuilt or moved into any district, nor shall any open space be encroached
upon or reduced in any manner, except in conformity to the yard, building site area, and building
Ordinance No. 23-961 Page 8 of 12
location regulations designated in this title for the district in which such building or open space is
located.
(4) No yard or other open space provided about any building for the purpose of complying with
provisions of this title shall be considered as providing a yard or open space for any other building,
and no yard or other open space on one building lot shall be considered as providing a yard or open
space for a building on any other building lot.
(5) Except as expressly allowed in 19.30 FWRC, no building or part thereof or structure shall be
erected, reconstructed. or structurally altered to be inconsistent with the Iimitations or provisions
provided by any overlays as provided for in 19.245 FWRC.
Section 8. A new Chapter 19.245 "Overlays" is hereby added to Division VI Zoning
Regulations to read as follows:
19.245.010 Mount Rainier view protection overlay.
(1) AM icabilitt. Properties within the Mount Rainier view protection overlay are illustrated on
the City of Federal Way Zoning Map.
2 Dieu+ protection. Buildings and structures on properties within the Mount Rainier view
protection overlay shall not impact views of the polygon delineated below, as viewed from three
vantage points: the plaza adjacent to the southeast corner of the Federal WE Performing Arts &
Event Center(Latitude 47.318964 Longitude -122.30728 : between the benches on the south side
of the Federal Way Performing Arts & Event Center (Latitude 47.31890, Longitude-122.30755).
and the center of the plaza east of the Federal Way Performing Arts & Event Center (Latitude
47.31910, Longitude-122.30618). all at a height of 5 feet above the finished surface.
Ordinance No. 23-961 Page 9 of 12
(3) View studL All new, reconstructed, or structurally altered buildings must submit a view study
as part of the applicable city review process demonstrating the new. reconstructed, or structurally
altered building will not impact views of the polygon in FWRC 19.245.010. The view modeled
shall be from the location identified in the preceding subsection. include Mount Rainier as the
destination, and depict all new, reconstructed, or structurally altered buildings to enable clear
identification of the impact, if any, on the protected view. polygon.
Section 9. Zonis Maly amendment. The Official Zoning Map is amended as provided in
Exhibit A.
Section 10. 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 11. 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.
Ordinance No. 23-961 Page 10 of 72
Section 12. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 13. 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 5th day of July, 2023.
CITY OF FEDERAL WAY:
JIM RRELL, YOR
ATTEST:
J.
SpftANIE COURTNEY C C, CITY CLERK
APPROVED AS TO FORM:
"C
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 06/14/2023
PASSED BY THE CITY COUNCIL: 07/05/2023
PUBLISHED: 07/14/2023
EFFECTIVE DATE: 07/19/2023
ORDINANCE NO.: 23-961
Ordinance No. 23-961 Page 11 of 12
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Ordinance No. 23-961 Page 12 of 12