ORD 11-701ORDINANCE NO.11-701
AN ORDINANCE of the City of Federal Way, Washington, relating
to seating capacity of restaurants in the Office Park Zone; amending
FWRC 19.235.020. (Amending Ordinance Nos. 90-43, 93-170, 96-270,
and 97-291,)
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, it is in the public interest for the City Council to amend the FWRC related to maximum
seating capacity for restaurants in the Office Park Zone within the City of Federal Way; and
WHEREAS, removing the 50-person maximum seating capacity for restaurants should result in a
more responsive environment to market conditions, and;
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the
Proposal on May 28, 2011, and no comments or appeals were received and the DNS was �nalized on
June 27, 2011; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code
amendments on June 15, 2011, and forwarded a recommendation of approval to the Land Use
Transportation Committee; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered
these code amendments on July 18, 2011, and recommended adoption of the text amendments as
recommended by the Planning Commission.
OrdinanceNo. 11-701 page 1 oj5
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Findin�s. 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 because they would delete a maximum 50-person seating capacity for restaurants in the
Office Park Zone, which should result in the number of seats being responsive to the market rather than
being artificially capped.
(b) These code amendments comply with Chapter 36.70A RCW, Growth Management.
(c) T'hese 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
(FWCP).
(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 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
FWCP goals ad policies:
LUP6 Conduct regular reviews of development regulations to determine how to
improve upon the permit review process.
EDG6 The City will encourage and support existing businesses to remain and/or expand
their facilities within Federal Way. �
EDP10 The City will work with the private sector to actively encourage the retention and
expansion of existing businesses, as well as bring in new development,
businesses, and jobs to the community.
Ordinance No. 11-701 Page 2 oj5
EDP18 The City will periodically monitor local and regional trends to be able to adjust
plans, policies, and programs.
(b)The proposed FWRC amendments should further the public welfare by removing an
arbitrary limitation on seating capacity and leaving the decision on the size of individual restaurants up to
the needs of the surrounding commercial development.
(c) The proposed amendments are in the best interest of the public and the residents of the City of
Federal Way because they will provide flexibility in the seating capacity of restaurants, thus,
encouraging economic development and reducing the vacancy rate in this zone.
Ordinance No. 11-701 Page 3 of S
Section 3. FWRC, 19.235.020 "Entertainment — Commercial recreation," is hereby amended to read as follows:
19.235.020 Entertainment — Commercial recreation.
Che followin .uses shall be ermitted in the office ark OP zone sub'ect to the re larions and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ..._ THEN, across for REGULATIONS
y Minimums
0 y Re uired Yards �
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rr V V
0
s
a
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USE
o� � a � w � � x� � a SPECIAL REGULATIONS AND NOTES
Restaurant Process II None 25 ft. 20 ft. 20 ft. 35 ft. above Restaurant: 1. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to
�k-sea�i�g 35 ft. 20 ft. 20 ft. average 1 far every a maximum of 55 ft., if all of the following criteria are met:
es�ss�+--f'eF Possible See 50 ft. 20 ft. 20 ft. building 100 sq. ft. a. The additional height is necessary to accommodate the particular use conducted in the building; and
ne-t�efe-�a�t Process notes 3 See notes 2, 7 and 8 elevation gross floor b. The subject property does not adjoin a residential zone; and
39-�se»s III and 5 area c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft.
See notes 1 above average building elevation; and
Commerciat and 4 Recreation: d. The increased height will not block views designated by the comprehensive plan; and
recreation Determined e. The increased height is consistent with goals and policies for the area of the subject property as established
facility on a case-by- by the comprehensive plan.
case basis 2. Front yard setback: 25 ft. if entry is visible from R.O.W. and front facade is 15% glass; 35 R. if landscape buffer
and stormwater facilities are located in the front yard; or 50 ft. if parking and driving areas are located in front
yard.
3. The subjeck property must be designed so that any truck parking, loading and maneuvering areas; areas where
noise generating outdoor uses and activities may occur; and ve�ts and similaz features are located as far as possible
from any residential zone.
4. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion of the
strucNre shall not exceed 30 8. above average building elevation.
5. No maximum lot coverage is established. Instead, the buildable area will be detercr»ned by other site
develo}5ment requirements, i.e., required buffers, parking lot landscaping, surface water facitities, etc.
6. For community design guidelines that apply to the project, see Chapter 19.115 FWRC.
7. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
8. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
9: Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject
property.
Process I, II, III and N are described in For other information about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq.
Ordinance No. 11-701 Page 4 of 5
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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 correctio�s 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 priar 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 20th day of September, 2011.
CITY OF FEDERAL WAY
�
MAYOR, PRIEST
ATTEST:
.
CITY CLERK, CAROL CNEILL , CMC
APPR ED AS TO FORM:
C Y ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 8/30/2011
PASSED BY THE CITY COUNCIL: 9/20/2011
PUBLISHED: 9/24/2011
EFFECTIVE DATE: 9/29/2011
ORDINANCE NO.: 11-701
Ordinance No. 11-701 Page S of S
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