ORD 09-608
CITY OF FEDERAL WAY
ORDINANCE NO. 09-608
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASIDNGTON, AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22,
ARTICLE XIII, "SUPPLEMENTARY DISTRICT REGULATIONS," SECTION 22-
1006 RELATED TO DEVELOPMENT ACTIVITIES AND HEAVY EQUIPMENT
OPERATIONS (AMENDING ORDINANCE NOS. 90-43 AND 99-341).
WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22, Article XIII,
"Supplementary District Regulations," in order to allow the Director of Community Development
Services to grant revocable permission to engage in development activities and heavy equipment
operations during the nighttime and early morning hours of weekends and holidays meets the intent of
Chapter 36.70A RCW, Growth Management; and
WHEREAS, the City of Federal Way finds that the proposed code amendments allowing the Director
to grant such permission are consistent with the Federal Way Comprehensive Plan; and
WHEREAS, the City Council finds that the proposed code amendments 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; and
WHEREAS, the City's SEP A Responsible Official issued a Determination of Nonsignificance on the
proposed code amendments on September 17,2008; and
WHEREAS, the amendments comply with the required Process VI review, pursuant to FWCC Section
22-216; and
WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council
Committee, and full City Council has received, discussed, and considered the testimony, written
comments, and material from the public as follows:
1. The City's Planning Commission conducted a duly noticed public hearing on the proposed
amendments on October 15, 2008, and forwarded no recommendation to the Land Use/
Transportation Committee;
2. The Land Use/Transportation Committee of the Federal Way City Council considered the
proposed amendments on November 3, 2008, at which time the LUTC remanded the proposed
amendments back to the Planning Commission for further deliberation;
3. The City's Planning Commission conducted a duly noticed public hearing on the proposed
amendments on February 18,2009, and forwarded a recommendation to approve the amendments
to the Land Use/Transportation Committee;
Ordinance No. 09-608
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4. The Land Use/Transportation Committee of the Federal Way City Council considered the
proposed amendments on March 2, 2009, and forwarded a recommendation of approval to the
City Council.
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way
finds that the proposed amendments will protect and 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 proposed amendments:
A. The proposed amendments are consistent with the Federal Way Comprehensive Plan (FWCP):
Goals PUG-l - Work with private utility companies to allow them to provide full and timely
service that meets the needs of the City's residents and businesses, both present and future; PUG-
2 - 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; TG-2 - Provide a safe, efficient, convenient, and financially sustainable transportation
system with sufficient capacity to move people, goods, and services at an acceptable level of
service, and the City shall develop and adopt policies for the construction, reconstruction,
maintenance, and preservation of new and existing facilities; and Policy LUP-6 - Conduct regular
review of development regulations to determine how to improve upon the permit review process.
B. The proposed amendments bear a relationship to the public health, safety, and welfare as the
amendment will decrease the overall time needed to complete construction projects and allows
the Director to revoke permission to work if the conditions of approval are not met.
C. The proposed amendments are in the best interest of the residents of the City as the amendment
will shorten overall constructions times and provide additional hours of "off-peak" construction
that will not adversely affect traffic patterns throughout the City.
Section 3. Amendment. FWCC Chapter 22 "Zoning," Article XIII, "Supplementary District
Regulations," 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.
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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 ofthe City of Federal Way at a regular meeting of the City Council on
the 7th day of April, 2009.
ATTEST:
APPROVED AS TO FORM:
{;~a. ~
CIty Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK: 3-10-2009
PASSED BY THE CITY COUNCIL: 4-7-2009
PUBLISHED: 4-11-2009
EFFECTIVE DATE: 4-16-2009
ORDINANCE No: 09-608
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EXHIBIT A
Federal Way City Code (FWCC)
Chapter 22 "Zoning"
Article XIII, "Supplementary"
Division 3. Development Activities and Heavy Equipment
22-1006. Limitations. Ree:ulation of work hours.
(a) Gcncr-al. Work hours permitted. Development activities and heavy equipment operations are
permitted between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday, and between 9:00 a.m. and
8:00 p.m. Saturday, and are not permitted on Sundays or holidays observed bv the city, unless otherwise
allowed under subsection (b) of this section. It is a violation of this chapterte engage in any develepmen-t
acti'lity or to operate any heavy equipment between the hours of 8:00 }3m.. and 7:00 a.m. weekdays, and
8:00 p.m. Friday trn-ough 9:00 a.m. Saturday. No developm.ent aetiyity or use afheavy equipment may
oeeoc after 8:00 p.rn. Saturday, or at any time on Sundays or holidays observed by the eity.
(b) Exception~. The director of community development may grant revocable, written permission to
engage in a development activity or to operate heavy equipment other than permitted in subsection (a) of
this section, in accordance with the following: bet'Neen the hours of 8:00 }3.m. and 7:00 a.m. on Maflday
trn-ough Friday and 8:00 p.m. Friday trn-ough 9:00 a.m. Saturday, aT from 9:00 a.m. to 8:00 p.m. en
Sundays or halidays observed by the eity if this 'l.ill not interfere with any resideB.-tial1:1se pertnitted in the
130ne in whieh it is located. (Ord. No. 90-43, S 2(115.25), 2-27-90; Ord. No. 99-341, S 3, 5-4-99)
(1 ) Anv exception must be requested by advance written request to the director, including a
description of the sr>ecific exceptiones) requested; proposed temporary construction mitigation measures
for any related impacts such as traffic, noise, and glare; and an analysis of how the request meets the
following criteria:
a. The work will not result in substantial adverse impacts to surrounding properties.
b. The exception is necessary to avoid undue delay ofproiect completion and/or long-term
inconvenience or disruption to the public.
(c) Notice. Unless waived, modified, or exempted by the director under subsections (d) or (e),
applicants granted an exception under subsection (b) shall mail written notice, at least seven (7) calendar
davs in advance of the approved work. to owners and occupants of property located within 300 feet of
proiect boundaries; and post one or more notice boards on the proiect site, as determined bv the director.
Such notice shall include the approved construction hours, general description of construction activities,
summary of mitigation measures accepted by the director, and two 24-hour proiect contacts for the
duration of the proiect.
(d) Waiver of notice. The director may waive or modify the requirements of subsection (c), based on
proiect location, scope, scale, or alternative comparable notification methods, and/or other reasonable
considerations.
(e) Emergencv exemption. Proiects deemed bv the director to be necessary to ensure the immediate
safety, health, or welfare of the community, or individuals of the community. or to restore property to a
safe condition following a natural or manmade disaster or other emergencv, are exempt from the
provisions of this section.
(f) Revocations. The director may revoke or modify any exception approved under this section
based on verified complaints that the development activity or heavy equipment operation does not
meet the terms of the approved exception, or if the activity creates some unanticipated and
verifiable adverse effect.
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