ORD 09-625
ORDINANCE NO. 09-625
AN ORDINANCE of the City of Federal Way, Washington, relating
to land use application vesting; amending FWRC 19.15.045.
(Amending Ordinance Numbers 09-594 and 90-43)
WHEREAS, the 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 zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
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, the severe downturn in the local, regional, and national housing markets,
reduced demand for new housing, tightening credit market, and difficulty in obtaining the
financing necessary to complete a project, have resulted in a situation where developers of new
housing, subdivisions, and commercial projects are unable to finalize development proposals or
obtain land use approval in a timely manner which, in the case of commercial projects, may
adversely impact project vesting; and
WHEREAS, vesting is a term that signifies the point at which a project is guaranteed the
codes upon which a project must be designed and processed; and
WHEREAS, FWRC Title 19 currently provides for vesting of Process I, II, III, and IV
land use applications at the time the land use decision is issued, or alternatively, when a complete
building permit application is submitted; and
Ordinance No. 09-625
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WHEREAS, in today's economic climate and dismal development market, a developer
may not be financially able to submit a complete building permit application or may be
interested in extending review and approval processes in order to have a market for their project,
while preserving the code provisions under which the project was designed and developed; and
WHEREAS, significant financial impacts to a developer and to financial institutions and
other investors which have provided financing in support of a development proposal can occur
when code provisions are changed before land use decisions are issued; and
WHEREAS, establishing an earlier vesting date for land use applications would make
Process I, II, III, and IV vesting milestones consistent with subdivision provisions and would
provide the developer with the certainty that code requirements will not change after an
application is determined to be complete; and
WHEREAS, vesting rights would not be considered to be waivable, pursuant to the
Vested Rights Doctrine; and
WHEREAS, the proposed regulations are categorically exempt from environmental
review under the State Environmental Policy Act (SEP A) pursuant to WAC 197-11-800(20); and
WHEREAS, the draft staff report was electronically forwarded on July 1, 2009, to
stakeholders and interested citizens for review and comment, which resulted in one comment
letter submitted by Sam Pace with the SeattlelKing County Realtors; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on the code amendments on July 22, 2009; and forwarded a recommendation of approval to the
City Council; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council
considered these code amendments on August 3, 2009, and recommended adoption of the
amendments.
Ordinance No. 09-625
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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 code amendments are in the best interest of the residents of the City and will
benefit the city as a whole by providing consistency with adopted subdivision vesting provisions
and providing certainty in the development permitting processes.
(b) The code amendments comply with Chapter 36.70A RCW, Growth Management.
(c) The code amendments are consistent with the intent and purpose of Title 19
FWRC and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
(d) The code amendments bear a substantial relationship to, and will protect and not
adversely affect, the public health, safety, and welfare.
(e) The code amendments have followed the proper procedure required under the
FWRC.
Section 2. Conclusions. Pursuant to chapter 19.35 FWRC, and based upon the recitals
and the findings set forth in Section l, 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:
LUG2 Develop an efficient and timely development review process based on a
public/private partnership.
LUP4 Maximize efficiency of the development review process.
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EDPl5 The City will continue to implement a streamlined permlttmg process
consistent with state and federal regulations to reduce the up front costs of
locating businesses in the City.
EDP18 The City will periodically monitor local and regional trends to be able to adjust
plans, policies, and programs.
HP9 Maximize efficiency in the City's development review process and ensure that
unnecessary time delays and expenses are eliminated. Continue to provide
streamlined permitting processes for development that is consistent with the
FWCP and FWCC, and that has no adve!se impacts.
HPll Continue to assist developers with housing proposals at the earliest possible
opportunity, including preapplication meetings to produce projects that can be
reviewed quickly and maximize their ability to receive permits.
(b) The proposed FWRC amendments bear a substantial relationship to the public
health, safety, and welfare because they clarify and refine various related codes in order to
increase the efficiency of the development review process.
(c) The proposed amendments are in the best interest of the public and the residents
of the City of Federal Way as they provide for certainty in the development review process,
which results in continued development within the City, thus aiding the local economy.
Section 3. FWRC 19.15.045 is hereby amended to read as follows:
19.15.045 Completeness of applications.
(1) Within 28 calendar days of receiving an application, the city shall determine
whether the application is complete, with reference to FWRC 19.15.040. Prior to the 28-
day deadline, a letter of completeness shall be issued indicatinl! the date the application
is deemed complete. if the city deems the application to be complete, or, 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 over some aspect of the proposed
development activity. j\n application may be deemed complete under this section even if
the city does not provide a written determination to the applicant as required.
(2) If an application was found incomplete and an applicant submits additional
information, the city shall notify the applicant in writinl! within l4 days the date
whether the application is deemed complete or whether further additional information is
necessary.
(3) 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
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(3) 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 if there are substantial
changes in the proposed action.
(4) VestinJ!. A proposed Use Process I. II. III. or IV application shall vest to and
be considered under the zoninl! code and other land use control ordinances. in effect
on the land at the time a fully completed application for Use Process I. II. III. or IV
has been submitted to the city. In the event that the application is deemed
incomplete. the Use Process I. II. III. or IV application shall vest to those codes in
effect on the date that all requested supplemental or specific information is
submitted. A complete application shall be defined as set forth in FWRC 19.15.040
and based on requirements in related handouts. Vested ril!hts shall not be waivable
pursuant to the Vested Ril!hts Doctrine.
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 15 day of September 2009.
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ATTEST:
LLY, CMC
APPROVED AS TO FORM:
tJ~U.~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: 09-l9-2009
EFFECTIVE DATE: 09-24-2009
ORDINANCE NO.: 09-625
08-25-2009
09-15-2009
Ordinance No. 09-625
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