ORD 10-652ORDINANCE NO. 10 -652
AN ORDINANCE of the City of Federal Way, Washington, relating to
appraisals; amending FWRC 16.15.010, 16.15.010(2)(g), 18.55.060(2),
19.30.080(1)(b), 19.30.090(1)0, 19.30.100(9)(c)(ii), 19.30.120(1)(g), 19.30.120(2)(c),
19.30.130(2), 19.30.130(3), 19.30.160(2)(b), 19.30.200(1), and 19.135.030(1)(a).
(Amending Ordinance Nos. 09 -595, 07 -554, 06 -515, 05 -486, 04 -468, 02420, 02-
419, 02 -417, 02414, 01 -398, 00 -363, 99 -357, 99 -352, 98 -330, 98 -309, 97 -307, 97-
291, 95 -235, 92 -144, 92 -135, 91 -113, 90 -43, and 90 -41)
WHEREAS, the City recognizes the need to periodically modify Title 16 "Surface Water
Management," Title 18 "Subdivisions," and Title 19 "Zoning and Development Code," of the Federal
Way Revised Code (FWRC) in order to conform to state and federal law; codify administrative practices;
clarify and update surface water management, subdivisions, and 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 16, Title 18, and Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC,
pursuant to chapter 19.35 FWRC; and
WHEREAS, it is in the public interest for the City Council to adopt new amendments for the
FWRC which establishes consistent development regulations for who is authorized to conduct an
appraisal within the City of Federal Way; and
WHEREAS, it is in the public interest for the City Council to adopt new amendments for the
FWRC which removes the requirement for a MAI appraisal and source acceptable to the city, but
maintains a professional standard that requires appraisals be conducted by a state certified real estate
appraiser; and
WHEREAS, it is in the public interest for the City Council to adopt new amendments for the
FWRC which removes unnecessary second appraisal requirements; and
Ordinance No. 10 -652 Page 1 of 9
WHEREAS, an Environmental Threshold Determination was not necessary as the amendments
are related solely to governmental procedures and therefore, categorically exempt from the State
Environmental Policy Act; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these
code amendments on February 17, 2010, and forwarded a recommendation of approval; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council
considered these code amendments on March 1, 2010, and recommended adoption of the text
amendments as recommended by the Planning Commission;
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) These code amendments are in the best interest of the residents of the City and will benefit
the City as a whole by providing a consistent and unambiguous requirement for those persons eligible to
conduct an appraisal.
(b) These code amendments comply with Chapter 36.70A RCW, Growth Management.
(c) These code amendments are consistent with the intent and purpose of Title 16, Title 18, and
Title 19 of the FWRC and will implement and are consistent with the applicable provisions of the Federal
Way Comprehensive Plan.
(d) These code amendments bear a substantial relationship to, and will protect and not adversely
affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the FWRC.
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
Ordinance No. 10 -652 Page 2 of 9
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:
LUP4 — Maximizes efficiency of the development review process.
LUP6 — Conduct regular reviews of the development regulations to determine how to
improve upon the permit review process.
(b) The proposed FWRC amendments bear a substantial relationship to the public health, safety,
and welfare because they provide a consistent appraisal requirement and maintain professional standards
for those who conduct such appraisals.
(c) The proposed amendments are in the best interest of the public and the residents of the City
of Federal Way because they require appraisals submitted to the city to be prepared by state - certified
appraisers.
Section 3 . FWRC 16.15.010 is hereby amended to read as follows:
The following activities are subject to the provisions of this title, Umess exempted below:
Section 4 . FWRC 16.15.010(2)(g) is hereby amended to read as follows:
Redevelopment other than normal maintenance or other than tenant improvements, but including
any increase in gross floor area, in any one consecutive 12 -month period which exceeds 50 percent of the
assessed or appraised value (v4iiehev °M is greater of the structure or improvement being redeveloped..
The appraisal shall be conducted by a state - certified real estate appraiser or
Section 5 . FWRC 18.55.060(2) is hereby amended to read as follows:
All residential subdivisions, except for cottage housing, and zero lot line townhouse development,
shall be required to provide open space in the amount of 15 percent of the gross land area of the
subdivision site. Open space requirements for zero lot line townhouse development are found in FWRC
19.205.010 and open space requirements for cottage housing are found in FWRC 19.250.070 and
19.250.080. Except for subdivisions created under FWRC 18.55.040, and small lot detached development
created under FWRC 18.25.030, a fee -in -lieu payment may be made to satisfy open space requirements at
Ordinance No. 10 -652 Page 3 of 9
the discretion of the parks director after consideration of the city's overall park plan, quality, location, and
service area of the open space that would otherwise be provided within the project. If the city determines
that the location, quality, or extent of the required project open space, particularly on smaller plats, short
plats, or other divisions of land, would not fulfill the intent or purpose of useful common open space, a
payment of an equivalent fee -in -lieu of the required project open space shall be paid.
The fee -in -lieu of open space shall be calculated on 15 percent of the most recent assessed value of the
property. In the absence of an assessment, the market value shall be based on an appraisal conducted by a
state - certified
real estate ap r aiser If the applicant offers to pay money in lieu of open space, and if the city accepts the
offer, the amount shall be determined based upon the square footage of open space which otherwise
would have been required to be provided, times the then current market value per square foot of similarly
situated property. For lots within an existing subdivision, where open space was already dedicated or a
fee -in -lieu paid, the percent of open space required will be the difference between the open space
dedicated prior and 15 percent. Any fees collected shall be utilized within the park comprehensive plan
planning area that the subject property falls within, unless the applicant by voluntary agreement directs
the expenditures of such fees in a different planning area. Open space created through small lot detached
development shall be protected from further subdivision or development by covenants filed and recorded
with the final plat of the subdivision. All usable open space must be readily identifiable with the
development and easily accessible by the residents. Usable open space should be the central focus and an
amenity for the project.
Section 6 . FWRC 19.30.080(1)(b) is hereby amended to read as follows:
Other than as specified in subsection (1)(a) of this section, the applicant is making changes or
alterations or doing work, other than normal maintenance, in any one consecutive 12 -month period to any
structure that houses or supports the nonconforming use and the fair market value of that change,
alteration or work exceeds 15 percent of the assessed or appraised value of that structure. The applise—n-t-
may
^ae an ^^' of the ^t ueb -e A--� thea subject r pptty. The appraisal must be from a seume
state - certified real estate appraiser.
valuafien appears to be inappr-opr4ate. if an appraisal is pr-eN4ded by the appheant or- required by the eity
the l o f the t a „mot^ sh be „^e,l.
Ordinance No. 10 -652 Page 4 of 9
Section 7 . FWRC 19.30.090(1)(f) is hereby amended to read as follows:
The applicant is making any alteration or changes or doing any work, other than normal
maintenance, tenant improvements, or minor additions noted in subsection (1)(c)(iv) of this section, in
any one consecutive 12 -month period to an improvement that is nonconforming and the fair market value
of the alteration, change or other work exceeds 50 percent of the assessed or appraised value of that
improvement. . The appraisal must be from a
state - certified real estate appraiser. The air-°~t~- ...w r°~ ° the ^ he `~
..rr. u.vu- — 1'. ....v.. v) ...- ......t.t.- -.. »..- ..- -- . -l-_ ..J -- -- - --.,,
the i ^r^ of the two amen +^ shall be rise In the event this subsection is triggered with respect to a
single -tenant or single- occupant site, the applicant shall meet all development regulations applicable to
the property. In the event this subsection is triggered with respect to a site occupied by multiple tenants or
uses, the applicant shall comply with those development regulations applicable to the geographic portion
of the site on which the alteration, change or improvement is proposed. For purposes of this determining
value under this section, improvements required pursuant to this section (nonconforming development),
FWRC 19.30.110 (when public improvements must be installed), 19.30.120 (nonconforming water
quality improvements) and 19.135.030 (when public improvements must be installed) shall not be
counted towards the 50 percent threshold which would trigger application of this subsection.
Section 8 . FWRC 19.30.100(9)(c)(ii) is hereby amended to read as follows:
(ii) The applicant is making any changes, alterations, or performs work other than normal
maintenance or other than tenant improvements to any structure or improvement that houses or supports
the use with which the nonconforming sign is associated, and the fair market value of those changes,
alterations, or other work, in any one consecutive 12 -month period, exceeds 75 percent of the assessed or
appraised value of that structure or improvement as detem4ned =by the King Geunty assessef. The
„ heart m pr - ev 4de a n s of the stmet e ~ °^ * . The appraisal must be from a 8AL�8@
that is aeeeptable to the state - certified real estate appraiser The diFeet m r-eqt the ^ „ hem4�°
,
the larger- of the two amounts shall be used. For purposes of determining value under this subsection,
improvements required pursuant to FWRC 19.30.090 (nonconforming development) and/or 19.30.110
(street/sidewalk improvements) shall not be counted towards the 75 percent threshold, which would
trigger application of this subsection.
Ordinance No. 10 -652 Page 5 of 9
Section 9 . FWRC 19.30.120(1)(g) is hereby amended to read as follows:
Redevelopment, other than normal maintenance or other than the tenant improvements, but
including any increase in gross floor area, in any one consecutive 12 -month period which exceeds 50
percent of the assessed or appraised value (whichever is greater) of the structure or improvement being
redeveloped. . The appraisal must be from a
seume aeeeptable to the state - certified general appraiser The publie w eiks a " - eetef may °
appheant to provide an appraisal from a seeend seufee aeeeptAle to the eity if the assessed valuati
red by t he eity t he gF°°*°-- of the twe afnetmts sha be tis °a. For purposes of determining value
under this section, improvements required pursuant to FWRC 19.30.090 (nonconforming development),
FWRC 19.30.110 (street/sidewalk improvements), this section (nonconforming water quality
improvements) and FWRC 19.135.030 (street/sidewalk improvements) shall not be counted towards the
50 percent threshold which would trigger application of this subsection;
Section 10 . FWRC 19.30.120(2)(c) is hereby amended to read as follows:
Calculation of redevelopment value. For purposes of calculating the value of redevelopment in
order to apply subsection (2)(a) of this section, the public works director shall consider the cost of the
proposed redevelopment as a percentage of the assessed or appraised value of all
structures on the subject property. if an appraisal is used it must be =°a by an * ` T
meept ble to the eity, and paid fef md subirA#ed- by- the -app t The appraisal must be from a state
certified real estate appraiser.
Section 11 . FWRC 19.30.130(2) is hereby amended to read as follows:
Other than as specified in subsection (1) of this section, the nonconforming use or density must
be corrected if the applicant is making changes, alterations or doing other work, other than normal
maintenance, in any 12 -month period to any structure on the subject property containing multi -unit
housing (attached and/or stacked dwelling units) and fair market value of these changes, alterations or
other work exceeds 50 percent of the assessed or appraised value of that multi -unit structure. The
„heart TM provide an appraisal of the improvement The appraisal must be from a
aee eStable to the e4y state - certified real estate appraiser. The eewmitmiW deve h"'merA di teF "" _
of the two .....etmts shall be used Changes, alterations, additions or other work is subject to all applicable
requirements of this Code including but not limited to provisions related to critical areas (FWRC Title 19,
Ordinance No. 10 -652 Page 6 of 9
Division V), off - street parking (Chapter 19.130 FWRC), improvements (Chapter 19.135 FWRC), and
landscaping (Chapter 19.125 FWRC).
Section 12 . FWRC 19.30.130(3) is hereby amended to read as follows:
Other than as specified in subsection (1) of this section, the nonconforming use or density must
be corrected if the applicant is making changes, alterations, adding improvements or doing other work
other than normal maintenance, in any 36 -month period, on the subject property containing a single-
family use and fair market value of these changes, alterations, additions or other work exceeds 75 percent
of the assessed or appraised value of that single - family structure. Changes, alterations, additions or other
work must comply with all bulk, dimensional and other development requirements for a single - family
detached dwelling located in the RS 7.2 zone (FWRC 19.200.010). The appheant may pr-e Ad° ^~
the appheant of mqoir-ed by the eity, the lafger- ef the two amounts shall be The appraisal must be
from a state certified real estate appraiser. Changes, alterations, additions or other work is subject to all
applicable requirements of this Code including but not limited to provisions related to critical areas
(FWRC Title 19, Division V), off - street parking (Chapter 19.130 FWRC), improvements (Chapter 19.135
FWRC), and landscaping (Chapter 19.125 FWRC).
Section 13 . FWRC 19.30.160(2)(b) is hereby amended to read as follows:
The applicant is making any alterations or changes or doing any work, other than tenant
improvements and the fair market value of the alteration, change or other work, in any one consecutive
12- month period, does not exceed 75 percent of the assessed or appraised value of the improvement. The
pheafA may ide an sal of the improvements The appraisal must be from a setwee Omt is
aeeeptable to the eit-y state - certified real estate appraiser The eeffhmuaity development se es dir ^"
valuation appears to be inappr-epr-ime. if an appraisal areeptable to the raity is pr-e-Aded by the appheanA ef
°a by the eity the larger of th two ameufAs shall be used. For purposes of determining value under
this subsection, improvements required pursuant to FWRC 19.30.090 (nonconforming development) and/
or 19.30.110 (street /sidewalk improvements) shall not be counted towards the 75 percent threshold which
would trigger application of this subsection; and
Ordinance No. 10 -652 Page 7 of 9
Section 14 . FWRC 19.30.200(1) is hereby amended to read as follows:
The cost of reconstructing the damaged improvement does not exceed 75 percent of the assessed
or appraised value of that improvement prior to the damage; except that no cost limit applies to the
reconstruction of damaged improvements in the city center core and frame, and the director may require
minor upgrades to the rebuilt improvements that are intended to achieve a greater level of compliance
with the site and design guidelines in this title; and provided, that the upgrades are reasonably related to
the improvement(s) and proportional to the reconstruction costs.
of the ; o ent w-hieh has been damag The appraisal must be from a soufoe that is aeraeptable to
the —ei state - certified real estate appraiser The eenwaunity develepmei:A dir-eeter may mgt4e- he
be inappr-epFiate. If an appraisal is pr-eiidedby the appheant of r-eqt4ed by the eity, the larger- of the
Section 15 . FWRC 19.135.030(i)(a) is hereby amended to read as follows:
The applicant need not comply with the provisions of this chapter if the proposed improvements
in any 12 -month period do not exceed 25 percent of the assessed or appraised value (based on an lW
appraisal conducted by a state - certified real estate appraiser provided by the applicant) of all structures
and land combined on the subject property, whichever is greater, except that if the subject property is
equal to or greater than 100,000 square feet in size, the land value shall not be included in the assessed or
appraised value used to determine the 25 percent. If the 25 percent threshold is exceeded, public
improvements will be required under FWRC 19.135.040 to the extent they are commensurate with the
impacts of the development, as determined by the director.
Section 16. 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 17. 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. 10 -652 Page 8 of 9
Section 18. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 19. 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 6 day of April, 2010.
CITY OF FEDERAL WAY
AY R, LINDA K CHMAR
ATTEST:
& Igkmpf) -
CITY CLERK, CARD MCNE , CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 3 -9 -2010
PASSED BY THE CITY COUNCIL: 4 -6 -2010
PUBLISHED: 4 -10 -2010
EFFECTIVE DATE: 4 -15 -2010
ORDINANCE NO.: 10 -652
Ordinance No. 10 -652 Page 9 of 9