ORD 10-673ORDINANCE NO. 10-673
AN ORDINANCE of the City of Federal Way, Washington, relating
to clarifying the complete application and review standards of the
zoning and development code; amending FWRC 19.15.045 and
FWRC 19.15.030. (Amending Ordinance Nos. 09-625, 09-594, 07-573
and 00-375)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way
Revised Code (FWRC), "Zoning and Development Code," in arder 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 1935
FWRC; and
WHEREAS, it is in the public interest for the City Council to adopt language that clarifies which
applications are subject to completeness review standards within the City of Federal Way; and
WHEREAS, the amendment reflects that Process I, II, III, and N land use processes are subject
to completeness standards; and
WHEREAS, the amendment documents that completeness review for Process I and Process II
applications is conducted `over the counter' and is expedited so that an applicant can receive a"notice of
completeness" at intake; and
WHEREAS, completeness review for Process III and N applications occurs during Development
Review Committee (DRC) deliberations which are scheduled within 28 days of application submittal; and
WHEREAS, in order to maintain consistent definitions and terms throughout the FWRC, a
"housekeeping" amendment to replace the term "sensitive" areas with the term "critical" areas and
eliminate reference to the term "significant trees" in FWRC 19.15.030(1)(fl is proposed; and
Ordinance No. 10-673 Page 1 of 5
WHEREAS, the Proposal is categarically exerript from environmental review under the State
Environmental PolicyAct (SEPA) pursuant to WAC 197-11-800(20); and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these
code amendments on August 25, 2010, and farwarded 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 September 20, 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 clarifying what projects are subject to completeness review and removing
inconsistent language.
(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 19 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 �ndings 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:
Ordinance No. 10-673 Page 2 of S
(a) The proposed FWRC amendments are consistent with, and substantially implement, the
following Federal Way Comprehensive Plan goals and policies:
LUP4 Maximize efficiency of the development review process.
EDPIS The City will continue to implement a streamlined permitting process consistent with
state and federal regulations to reduce the upfront costs of locating businesses in the
City.
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 adverse impacts.
(b) The proposed FWRC amendment bears a substantial relationship to the public health,
safety, and welfare because it clarifies that projects are subject to complete application standards,
provides certainty to an applicant, and increases the efficiency of the development review processes.
(c) The proposed amendment is in the best interest of the public and the residents of the City
of Federal Way because clarity in the application process 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) Use Process I and Use Process II. At the time of intake of a complete use process I or
use process II a�plication a notice of completeness as referenced in FWRC 19.15.040 shall be
provided to the applicant. This notice shall indicate the date the a�plication is deemed complete.
If the city determines that the use process I or use process II application is incomplete, the City
shall notif t�pplicant of what needs to be submitted for a complete use process I or use
process II a�plication. �x'�+'�� ' � '� '�"":rvri-cvci'v'iri�-airuppii^cuci^oiz� iii��:�
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+�.o ,.�; ,,. „�..,,�„+.,00a� +,,,�o ,,,.,r;��oa � �o,o ��; „�� ., In the notice of
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application, if required, *'��� «�-�'*°� a°+°- 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.
(2) Use Process III or Use Process IV. Within 28 calendar days of receiving an
application for use process III or use process N the city shall determine whether the a�plication
Ordinance No. 10-673 Page 3 of 5
is complete as referenced in FWRC 19.15.040. If found to be complete, prior to the 28-dav
deadline a letter of completeness shall be issued indicating the date the use process III or use
process N application is deemed complete. If the city determines the application to be
incomplete �rior to the 28-dav deadline the city shall notify the applicant of what needs to be
submitted for a complete use process III or use process IV application. In this written
determination the city sha11 also identify to the extent known to the city, the other agencies of
local state or federal government that ma over some aspect of the proposed
development activit� If the use process III ar use process N� application was found
incomplete and an applicant submits additional information, the city shall notify the applicant in
writing within 14 days, the date 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 completeness
or subsequently, if new information is required or if there are substantial changes in the proposed
action.
(4) Vesting. A proposed use process I, II, III, or N application shall vest to and be
considered under the zoning 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 N has been submitted to the
city. In the event that the application is deemed incomplete, the use process I, II, III, or N
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 rights shall not be waivable
pursuant to the vested rights doctrine.
Section 4. FWRC 19.15.030 is hereby amended to read as follows:
19.15.030 Review processes for improvements and additions to developed sites.
Improvements and/or additions to existing developed sites shall be subject to land use review
processes as follows:
(1) Process I. Improvements and/ar additions to an existing developed site that are exempt
from SEPA shall be processed using process I, provided the improvements and/or additions do
not exceed any of the following thresholds:
(a) There is no change of use.
(b) There is no reduction in the amount of required landscaping, buffering, open space,
ar public areas.
(c) There is no material change or reduction in the amount of required parking.
(d) There is no material change in the location of utilities, easements, or pedestrian
connections.
(e) There is no material change to the approved architectural design.
(fl There are no additional adverse impacts to ��� critical areas_ ^r �����'���+'�-°°°.
(2) Process II. Improvements and/or additions to an existing developed site that are exempt
from SEPA and exceed the thresholds in subsection (1) of this section shall be processed using
process II.
(3) Improvements not exempt from SEPA. Improvements and/or additions to an existing
developed site that are not exempt from SEPA shall be processed under process III, unless
process N is indicated by the applicable use zone chart in which case process N shall be used.
Ordinance No. 10-673 Page 4 of 5
Section 5. 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 ardinance, or the validity of its application to any other persons or circumstances.
Section 6. 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 7. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 8. 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 19th day of October, 2010.
CITY OF FEDERAL WAY
J��-�-�-.
MA OR, LINDA OCHMAR
ATTEST:
CITY CLERK, CAROL CNEI LY, CMC
APPROVED AS TO FORM:
`���• 7��.�.�.�.
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 9-28-2010
COLTNCIL BILL NO. 553
PASSED BY THE CITY COIJNCIL: 10-19-2010
PUBLISHED: 10-23-2010
EFFECTIVE DATE: 10-28-2010
ORDINANCE NO.: 10-673
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