ORD 11-706ORDINANCE NO. 11-706
AN ORDINANCE of the City of Federal Way, Washington, relating
to types of accessory uses and status of convention centers in the
Office Park Zone; amending FWRC 19.235.010, 19.235.020 and
19.235.030. (Amending Ordinance Nos. 90-43, 93-170, 96-270, 97-291,
00-375 and 07-559)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal A'ay 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 accessory
uses and convention centers as a principal use in the Office Park Zone wiYhin the City of Federal Way;
and
WHEREAS, limiting types of accessory uses in the Office Park Zone may hamper efficient use of
buildings and discourage economic development; and
WHEREAS, the existing FWRC definition of "accessory use" adequately addresses its intent; and
WHEREAS, stand alone convention centers are an appropriate use in the Office Park Zone; 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 finalized 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
Ordinance No. 11-706 Page 1 of 8
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered
these code amendments on July 18, 2011, and tabled the text amendments for consideration at a future
date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. FindinQS. 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 allow reuse of existing buildings by lifting the restriction on types of
allowable accessory uses; and allow convention centers as a principal use, which should create new jobs,
and encourage economic development.
(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
(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 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 FWRC amendments are consistent with, and substantially implement, the following
FWCP goals and policies:
LUP3 Use design and performance standards to create attractive and desirable
commercial and office developments.
Ordinance No. 11-706 Page 2 of 8
LUP6 Conduct regular reviews of development regulations to determine how to
improve upon the permit review process.
LUP35 Allow a broad range of commercial, retail, office, industrial, and supportive uses
to meet the needs of workers and consumers, in well integrated, well functioning,
high quality developments.
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.
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 allowing flexibility
for the establishment of accessory uses in the Office Park Zone, thereby encouraging businesses that may
have a need to combine uses that complement or depend on each other. Convention centers are
compatible with office uses, and may be more likely to be constructed as a stand-alone facility to serve
surrounding uses rather than as an accessory use.
(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 for the establishment of accessory uses and
convention centers in the Office Park Zone; thus, reducing the vacancy rate in this zone and
encouraging economic development.
Ordinance No. 11-706 Page 3 of 8
Section 3. FWRC 19.235.010 "Office/retail," is hereby amended to read as follows:
19.235.010 Office/retail.
The followin� uses shall be
�
� y
~ U
� O
a b °^
p � 3
� c >
USE � � �
DIRECTIONS
use
Retail
establishment
providing
banking and
related
financial
services
itetai�saaes-s�
�
�
�eiate�ite»as
in the office park (OP) zone subject to the
USE ZONE CHART
to find use ... THEN, across for REGULATIONS
and notes set forth in this secrion:
Z �1V L'
�
U
N v
�
� w iTi �
Process II None 25 ft. 20 ft. 20 ft.
Possible 35 ft. 20 ft. 20 ft.
III See 50 ft. 20 ft. 20 ft.
note 10 Except 20 ft. atong
See notes residential zones for
1 �� side and rear yards
See notes 2 and �
o �'
��
x�
55 ft.
above
average
building
elevarion
d
N
� OP
�
Op
rG a
office and
retail: 1 for
each 300 sq.
ft. gross floor
area
See notes
1 and 3 Medical and
dental office:
1 for each
225 sq. R. of
Qross floor
Mixed Uses:
Determined
on a case-by-
case basis
office supplies,
printing and
duplicating
Process I, II, III and N are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respec6vely.
SPECIAL REGULATIONS AND NOTES
1. If approved through process III, the height of a structure may exceed 55 ft. above average building elevati�
to a maximum of 70 ft., if all of the following criteria are met:
a. The additional height is necessary to accommodate the particular use conducted in the building; and
b. The subject property dces not adjoin a residential zone; and
c. Each required yard abutting the structure is increased one ft. far each one ft. the structure exceeds 55 ft.
above average building elevation; and
d. The increased height will not block views designated by the comprehensive plan; and
e. The increased height is consistent with goals and policies for the area of the subject property as
established by the comprehensive plan.
2. Front yard setback 25 ft. if entry is visible from R.O.W. and front facade is IS% glass; 35 ft. if landscape
buffer and stormwater facilities are located in the front yard; or 50 ft. if parking and driving areas are located
in the front yard.
3. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion
of the structure shall not exceed 30 ft. above average building elevation.
4. ccessory
, ° . uses may be
a The placement orientarion design and other site desi�n and architectural features of the proposed
pronerty as an office park.
b The exterior appearance of that�ortion of the buildin hg ousingthe accessory uses will be comparable to
the exterior appearance of other buildings on the subject nronertv.
5. The subject property must be designed so that any truck parking, loading and maneuvering areas; areas
where noise generating outdoor uses and activities may occur, and vents and similar features are located as far
as possible from any residential zone.
6. May not conduct any activity or use on the subject property that involves the release of toxic or noxious
gases, fumes or odors.
For other informa6on about pazking and parking areas, see Chapter 19.130 FWRC.
For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
For details regarding required yazds, see FWRC 19.125.160 et seq.
Ordinance No. 11-706 Page 4 of 8
Rev I/10 LU
19.235.010 Office/retail. (Continued)
Che followin uses shall be ernutted 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
v� Minimums
p `� Re uired Yards ; 7
y (j I�JO�
~ Y i�
F ` °' OP
a �a °" °� � ° '�-' � �eu
� .� 3 � ;� ' .� G
7 .� h '� U 7 •...
USE � �� ,g w � � x� � a SPECIAL REGULATIONS AND NOTES
7. Outdoor use, activity and storage is regulated by FWRC 19.125.170.
8. Access to and from drive-through facilities must be approved by the public works department. Drive-through
facilities must be designed so that vehicles will not block traffic in the street while waiting in line and will not
unreasonably interfere with on-site traffic flow.
-1-9: 9. No maximum lot coverage is established. Instead, the buildable area will be determined by other site
development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc.
�-�-10. For community design guidelines that apply to the project, see Chapter 19.115 FWRC.
� 11. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
�3: 12 For sign requirements that apply to the project, see Chapter 19.140 FWRC..
�-4. 13. 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 IV are descn'bed in For other information about parking and parking areas, see Chapter 19.130 FWRC.
Cliapter 19.55 FWRC,
Ct�apter 19.60 FWRC,
Ct�apter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19J0 FWRC respec6vely. For details regarding required yards, see FWRC 19.125.160 et seq.
Ordinance No. 11-706 Page S of 8
� Rev I/10 LU
Section 4. FWRC. 19.235.030 "Limited commercial," is hereby amended to read as follows:
19.235.030 Limited commercial.
The followin uses shall be ernutted in the office ark OP zone sub'ect to the re lations and notes set forth in this section:
, USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
� Minimums ,
0 N Re uired Yards � ZO �
� U �
o �
°' OP
� �' 3 N � � � �' �
G� �o.•� � a � � '�ao " 9 :Y
USE
� a� .� w � � x� a a SPECIAL REGULATIONS AND NOTES
Commercial or Process II None 25 ft. 20 ft. 20 ft. 35 ft. above 1 far every 1. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to a
industrial 35 ft. 20 ft. 20 ft. average 500 sq. ft. maximum of 55 ft., if all of the following criteria are met:
photography, Possible See 50 ft. 20 ft. 20 ft. building gross floor a. The additional height is necessary to accommodate the particular use conducted in the building; and
cinematography Prceess note 7 See notes 2 and 9 elevation area, unless b. The subject property does not adjoin a residential zone; and
or video III use c. Each required yard abutting the structure is increased one ft. far each one ft. the structure exceeds 35 ft. above
production, See notes 1 includes average building elevation; and
broadcast studio See note and 3 accessory d. The increased height will not block views designated by the comprehensive plan; and
1 uses, then e. The increased height is consistent with goals and policies for the area of the subject property as established by
Newspaper determined the comprehensive plan.
printing plant on a case- 2. Front yard setback: 25 ft. if entry is visible From R.O.W. and front facade is 15% glass; 35 ft. if landscape buffer
by-case and stormwater facilities are located in the front yard; or 50 ft. if parking and driving areas are located in the front
Research basis yard.
development and 3. If any portion of a structure on the property is within 100 ft. of a residential zone, then that portion of the structure
testing facilities, shall not exceed 30 ft. above average building elevation.
including 4. May not conduct any activity or use on the subject property that involves the release of toxic or noxious gases,
electronics fumes or odors.
technologies and
dentallabs (Continued)
Process I, II, III and IV 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 detaiis of what may exceed this height limik see FWRC 19.110.050 et seq.
Chapter 19J0 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq.
Ordinance No. 11-706 Page 6 of 8
Rev I!10 LU
19.235.030 Limited commercial. (Continued)
he followin uses shall be ernutted in the office ark (OP zone sub'ect to the re larions and notes set forth in this secrion:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
� Minimums
� y Re uired Yards � ZO �
." g �
0
a
d � � w � OP
� °��' N � � � °��' c
� � .�
USE � �� S w � � pC � x a SPECIAL REGULATIONS AND NOTES
��� g. Accessory uses may be allowed subject to the
� following criteria:
^,.•� .
�5 b: a. The placement, orientation, design and other site design and architectural features of the proposed building and
site plan demonstrate that this use will not detract from the principa] .character of the subject property as an office park.
ConvenNon, � b. The exterior appearance of the warehouse facility will be comparable to the exterior appearance of other
conference, buildings on the subject property.
and trade • •
centers �6. The subject property is designed so that truck parking, loading and maneuvering azeas; areas where noise
assss�a�i�k generaring outdoor uses and activities may occur; and vents and similar features are located as far as possible from any
�ef residential zone.
� . , .
•• 4 liT'CRr� . . . .
7. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development
� requirements, i.e., required buffers, parking lot landscaping, surface water facilities, eta
8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC.
9. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
10. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
11. 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 IV 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 respec6vely. For details regazding required yards, see FWRC 19.125.160 et seq.
Ordinance No. 11-706 Page 7 of 8
Rev �/10 LU
Section 5. Severabilitv. 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 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 1 st day of November, 2011.
CITY OF FEDERAL WAY
�
MAYOR, KIP PRIEST
A'TTEST:
1 .
CITY CLERK, CARO M LY, CMC
APPR VED AS TO FORM:
L'a�"' �
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 10/11/2011.
PASSED BY THE CITY COUNCIL: 11/1/2011
PUBLISHED: 11/5/2011
EFFECTNE DATE: 11/10/2011
ORDINANCE NO.: 11-706
Ordinance No. 11-706 Page 8 of 8