ORD 12-727ORDINANCE NO. 12-727
AN ORDINANCE of the City of Federal Way, Washington, relating
to open space standards for multi-unit housing in the City Center-
Core and City Center-Frame zoning districts; amending FWRC
19.05.150, 19.100.070, 19.115, 19.225.070 and 19.230.060 (Amending
Ordinance Nos. 10-658, 09-610, 09-593, 08-585, 08-583, 07-554, 06-542,
06-515, 02-424, 97-291, 96-270, 93-170, 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, it is in the public interest for the City Council to amend the FWRC related to
open space for multi-unit housing in the City Center; and
WHEREAS, recent proposals for multi-unit, mixed use development have had difficulty
meeting the current open space standards; and
WHEREAS, reducing the minimum requirement for open space will help encourage urban-
scale mixed use development; and
WHEREAS, design guidelines will address the quality of the required open space; and
WHEREAS, a fee-in-lieu option provides for additional flexibility in meeting open space
requirements; and
Ordinance No. 12-727 Page 1 of 16
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued
for the Proposal on July 6, 2012, and no comments or appeals were received and the DNS was
finalized on August 3, 2012; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on these
code amendments on July 18, 2012, and forwarded a recommendation of approval to the City
Council; and
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 reducing the current open space standard to an amount that is
more in line with urban, mixed use development will help encourage the type of development
envisioned for the city center.
(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 Federad 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 requirecl 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
Ordinance No. 12-727 Pctge 2 of I6
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:
EDG4 The City will channel further residential growth into existing
multi-family and commercial-zoned areas, with a particular goal of encouraging
residential development in the City Center.
EDP6 The City will develop zoning, permitting, and potential financial
incentives that encourage prioritized development consistent with comprehensive
and subarea plans and orderly phased growth.
EDP14 The City will continue to utilize design guidelines to enhance the
urban environment to retain and attract businesses and residents.
HP8 Consider the economic impact of all development regulations on
the cost of housing.
HG3 Develop a Comprehensive Plan and zoning code that provide
flexibility to produce innovative housing solutions, do not burden the cost of
housing development and maintenance, and diversify the range of housing types
available in the City.
CCG7 Encourage housing opportunities in mixed residentiaUcommercial
settings. Promote housing opportunities close to employment.
CCG13 Focus new growth, with resultant increasing demands for
infrastructure and transportation in the City Center, specifically the core area.
Allow for higher intensity uses for efficient use of land.
Ordinance No. 12-727 Page 3 of 16
CCP3 Continue to support land use regulations that allow the higher
intensity development expected over the next 15 to 30 years.
CCP8 Provide incentives to encourage residential development in the
City Center core area.
CCP10 Continue to develop land use regulations that encourage the frame
area to accommodate higher-density residential uses accompanied by
residentially oriented retail and service uses.
(b)The proposed FWRC text amendments bear a relationship to the public health, safety,
and welfare because the text amendments retain the requirement for on-site open space for multi-unit
development within the city center. While the amount of open space is proposed to be reduced, this
reduction better relates to the type of residential units that will likely be developed within the urban core
setting.
(c) The proposed FWRC text amendments are in the best interest of the residents of the City
because the reduction in on-site open space required for multi-unit housing in the city center will
remove an existing barrier to construction of residential development within the city center,
thereby more readily accommodating future population growth in the city center. Additional
residents in the city center will help support the local businesses and cultural attractions that the
city wants to attract and retain.
Ordinance No. 12-727 Page 4 of 16
Section 3. FWRC 19.225.070 is hereby amended to read as follows:
19.225.070 Multi-unit housing.
The followin uses shall be ermitted in the ci center care (CC-C) zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
z DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
� Minimums
�' Re uired Yazds y
d � ZONE
,, " �
� U
►�7 O ca
a
".� a � U o � .� � CGC
CL � 3 N ?� ° =c
.� ; � � � � � U .�X
usE �� -°a w � r� x� r� a SPECIAL REGULATIONS AND NOTES
Multi-unit Process II None Multi-unit 70 ft. or Multi-unit 1. The city may, using process III, modify required yard, height, lot coverage, and other site design and dimensional
housing housing: same as 200-ft. housing: requirements for a proposed development that meets the following criteria:
(stacked Possible these regulations 1.7 per unit a. The proposed development will be consistent with the adopted comprehensive plan policies for this zone; and
dwelling Process for ground floor See notes b. The proposed development will be consistent with the applicable design guidelines; and
units) III use 1 and 5 See note 16 c. The street, utilities, and other infrastructure in the azea aze adequate to support the proposed development.
Senior citizen or 2. Chapter 19.265 FWRC contains regulations regarding home occupations and other accessories, facilities and activities
Senior citizen See note special needs Mixed use associated with this use.
or special 1 housin : development, 3. No setback is required adjacent to rights-of-way for senior citizen and special needs housing, when publicly visible
needs 20 ft. 5 ft. 5 ft. senior citizen streetscape amenities, as defined in Chapter 19.-1-�-5 05190 FWRC, are located along the right-of-way; the siting and
housing See notes 1, 3, and special design of which shall be approved by the director.
(stacked and 9 needs 4. Multi-unit housing and accessory residential uses may be located on the ground floor of a structure only as follows: (a)
dwelling housing: ground level space that spans at least 80% of the length of the principal commercial fa�ade, as determined by the
units) Determined director, is occupied with one or more other uses(s) allowed in this zone; and (b) ground level space that spans at least
on a case-by- 60% of the length of all other street-facing facades is occupied with one or more other use(s) allowed in this zone; and
case basis (c) all ground level nonresidential space(s) have a minimum floor-to-ceiling height of 13 ft. and an average depth of 30
ft., but in no case less than 15 ft. However, stacked senior citizen or special needs housing may stand alone.
5. Building height may be increased from the permitted outright height of 70 ft. to 200 ft. in exchange for providing
publicly visible streetscape amenities, as defined in Chapter �3 19.05.190 FWRC, along the right-of-way; the siting
and design of which shall be approved by the director.
6. The subject property must provide r�sF�a�ienal usable open space in a total amount equal to at least �9A 100 sq. ft. per
dwelling unit and may include private onen spaces such as yazds, patios, and balconies, as well as common onen spaces
areas such as Ip azas• playgrounds, recreation rooms, rooftop tercaces, p patches, pools, active lobbies, and atriums. tl+ry
'A
minimum of 25% of the usable open space provided must be common open space. All eligible usable open space shall
also meet the requirements specified in FWRC 19.115.115. A fee-in-lieu payment may be utilized for up to 50% of the
usable open space as specified in FWRC 19115.11 5.
Continued
Process I, II, III and N aze described in For other information about parkin� 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 Iimit, 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. 12-727 Page S of 16
19.225.070 Multi-unit housing. (Continued)
USE ZONE C�IART
z DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
p Minimums
F Re uired Yards
� � � ZONE
�
" ° a CC-C
z �°" � � � � ��'
3 N „ � = c
' 7 .4: C/] _ � y. �pp U ' 7 . .
USE �� •°a w 'v�': r� x�n � a�., SPECIAL REGULATIONS AND NOTES
7. No m�imum lot coverage is established. Instead, the buildable area wiil be determined by other site development
requirements, i.e., required buffers, pazking lot landscaping, surface water facilities, eta
8. For communiry 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 19140 FWRC.
11. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property.
12. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC.
13. Single-story buildings may not exceed a total ground floor area of 16,000 gross sq. ft., unless approved under the
provisions of FWRC 19.110.080, or approved by the director for minor additions such as entry structures, lobbies, seating
or dining azeas, bay windows, and similar features; provided that such addition(s) shall not exceed I,000 sq. ft. per
building in any one consecutive 12-month period
14. No more than 16,000 sq. ft. of new single-story construction may occur on a subject property, excluding increases
approved under the provisions of FWRC 19.110.080 and minor additions approved by the director under note 13.
15. Multiple-story buildings are not subject to notes 13 and 14; provided that each floor contains at least 75% of the gross
sq. ft. of the floor below it and contains a principal use(s) permitted in this zone.
16. Required parking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c), and (d).
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 19J0 FWRC respectively. For details regazding required yazds, see FWRC 19.125.160 et seq.
Ordinance No. 12-727 Page 6 of 16
Section 4. FWRC 19.230.060 is hereby amended to read as follows:
19.230.060 Multi-unit housing.
The followin uses shall be ermitted in the ci center frame (CC-F) zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
v� Minimums
z �' Re uired Yards N
° o � ZONE
.a �° °" °' " ° °: .° `� CC—F
� °= 3 N V � °= °°
C7 a.�� �' � a� � �" a.�
USE a n; ,n,°3 a° w � � x�n rx w SPECIAL REGULATIONS AND NOTES
Multi-unit ProCess II None Multi-unit housing: 70 ft. Multi-Unit 1. The city may, using process III, modify required height, yazd, landscape and other site design and dimensional requirements for a
housing Same as these or housing: pioposed development that meets the following criteria:
(stacked Possible requirements for 85 ft. 1.7 per uttit a. The proposed development will be consistent with the adopted comprehensive plan policies for this zone; and
dwelling units) Process round floor use b. The proposed development will be consistent with the applicable design guidelines; and
III Senior Citizen or See nOtes See note 17 c. The streef utilities and other infrastructure in the area are adequate to suppoR the proposed development.
2. Multi-unit housing and accessory residential uses may be located on the �ound floor of a structure only as follows: (a) ground level
Senior Citizen special needs 1, 4, and space that spans at least 60 percent of the length of die principal commercial fapade, as detennined by the director, is occupied with one
and SpeCial See note housing: 5 Mixed use or more other uses(s) allowed in this zone; and (b) ground level space that spans at least 40 percent of the length of all other street-facing
needs housing 1 2Q $, 5 ft. 5 ft. development, facades is occupied with one or more other use(s) allowed in diis zone; and (c) all ground level nonresiden[ial space(s) have a minimum
(StaCked $ee nOt05 1, 5, 8, 1nd S6nior CitiZen floorvto-ceiling height of 13 ft. and an average depth of 30 ft., but in no case less than 15 ft. Stacked senior citizen or special needs
dwelling units) 10 and special ��ousing may stand alone.
needs 3. FWRC 19.265.010 et. seq., contains regulations regarding home occupations and odier accessories, facilities and activities associated
with this use.
houSing: 4. Building heigl5t may be increased from the petmitted outright height of 70 ft. to 85 ft. in exchange for providing publicly visible
Determined streetscape amenities, as defined in Chapter k9,-1-a3 19.05.190 FWRC, along the right-of-way; the siting and design of which shall be
on a Case-by- approved by the director.
Case basls 5. Stn�ctures on property that adjoins a residential zone shall be set back a minimum of 20 ft. from d�e property line adjacent to the
residential zone. The height of structures shall not exceed 30 ft. above average building elevation when located between 20 ft. and 40 ft.
from the adjacent residentially-zoned property line, and shall not exceed 40 ft. above average building elevation when located between
40 ft. and 100 ft. from such property line.
6. The subject property must provide resfeatieea� usable open space in a total amount equal to at least �89 100 sq. ft. per dwelling unit
and may include private o�en spaces such as yards, patios, and balwnies, as well as common open spaces areas such as ln azas•
playgrounds, recreation rooms, rooftop terraces, p_patches. pools, active lobbies, and atriums.
. A minimam of 25% of the usable open soace nrovided must
be common open space. All eli¢ible usable open space shall also meet the reouirements scecified in FWRC 19 115.115 A fee-in-lieu
ontion is available for up to50% of the usable ocen space as specified in FWRC 19 115 115.
Continued
Process I, II, III and IV are described in For other information about parking and parking areas, Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC, For details of what ma exceed this hei ht limit, see FWRC 19.110.050 et se
Chapter 19.65 FWRC, For details regarding r quired yards, see FWRC 19.125.160 et seq. 9
Chapter 19.70 FWRC respectively.
Ordinance No. 12-727 Page 7 of 16
19.230.060 Multi-unit housing. (Continued)
The followin uses shall be ermitted in the ci center frame (CC-F zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
r� Minimums
p`� Re uired Yards N
H o � ZONE
� � a
� � °' „ � o � b � CC-F
3 N v � °?
U �a,•� `n a v ro ao � �a,�
USE a y a a° w � c� x�n w a SPECIAL REGULATIONS AND NOTES
7. No maximum lot coverage is established. Instead, the buildable azea will be determined by other site development requirements; i.e., buffers,
parking bt landscaping surface water facilities, etc.
8. No setback is required adjacent to rights-of-way for senior citizen and special needs housing, when publicly visible streetscape amenities, as
defined in Chapter 19.115 FWRC, are located along the right-of-way; the siting and design of which shall be approved by the director.
9. For community design guidelines that apply to the project, see FWRC 19.115 FWRC.
10. For landscaping requirements that apply for the project, see Chapter 19.125 FWRC.
11. For si� requirements that apply to the project, see FWRC 19.140 FWRC.
12. Refer to FWRC 19265A10 et seq. to determine what other provisions of this chapter may apply to the subject property.
13. For provisions that relate to the keeping of animals, see FWRC 19.260A10 et seq.
14. Single-story buildings may not exceed a btal ground floor azea of 16,000 gross sq. ft., unless approved under the provisions of FWRC
19.110.08Q or approved by the direc[or for minor additions such as entry structures, lobbies, seating or dining areas, bay windows, and similar
features; provided that such addition(s) shall not exceed 1,000 sq. ft. per building in any one consecutive 12-month period.
15. No more than 16,000 sq. ft. of new single-story constnwtion may occur on a subject property, increases approved under the provisions of
FWRC 19110.080 and minor additions approved by the director under note 14, above.
16. Multiple-story buildings are not subject ro notes 14 and I 5, above; provided that each floor contains at least 75 percent of the gross sq. ft. of the
floor below it and contains a principal use(s) pennitted in this zone.
17. Required pazking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c), and (d).
Process I, II, III and N aze described in For other information about pazking 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 regazding required yards, see FWRC 19.125.160 et seq.
Ordinance No. 12-727 Page 8 of 16
Section 5. FWRC 19.115 is hereby amended to add a new section to read as follows:
19.115.115 Desi�n criteria for residential usable onen space and fee-in-lieu option.
The following_�uidelines a�ply to residential usable open space that is developed pursuant to FWRC
19.225.070 and 19.230.060.
�) COMMON OPEN SPACE: All common open space proposed under this section shall meet the
definition of "open space, common" as set forth in this title and all of the followin� criteria:
�a) In order to be credited toward total residential usable open space, common open space must be
a minimum of 225 sq. ft. and have a minimum dimension of 15 ft. The inclusion of additional conti uous
open space areas that have smaller dimensions, but enhance the use and enjovment of the overall lar�er
s�ace, mav be credited toward the overall minimum usable open space requirement subject to director
�provaL
(b) Indoor common areas such as recreation/warkout rooms, swimmin� pools, and atg hering
spaces that meet the criteria of this section mav be counted as common open space subject to the criteria
in this section.
(c) The common open space shall be readily visible and accessible from structure(s) with entries
to residential units.
(d) The common open space shall not be located on a�halt or r�avel pavement, or be adjacent to
unscreened parkin� lots, chain-link fences, or blank walls, and may not be used for parkin , lg oadin� or
vehicular access. .
(e) Pedestrian access wavs shall only be counted as common open space when the pedestrian path
or walkway traverses a common open space that is 15 ft. or wider.
�fl The common open space shall be sufficiently desi�ned and appointed to serve as a major focal
point and athering�lace. Common open spaces shall include a significant number of pedestrian-oriented
features, furnishings and amenities ty�ically found in plazas and recreational open space, such as seating or
Ordinance No. 12-727 Page 9 of 16
sittin� walls li�hting weather protection special paving landscaping, and trash receptacles. In addition,
the common open space s) should provide one or more si�nificant visual or functional amenities such as a
water feature fireplace and/or artwark and should allow for active uses such as physical exercise,
children's play area athering area far roup social events, and p-�atch or other gardenin a�vitv.
�2) PRIVATE OPEN SPACE: In order to be credited toward total residential usable open space,
�rivate open space must be a minimum of 48 sq. ft. and have a minimum dimension of 6 ft.
�3) PUBLICLY ACCESSIBLE OPEN SPACE: Publiclv accessible open spaces provided on site
mav be credited toward the minimum residential usable open�ace requirement, as lon� as the open
s�ace is directly accessible to and available to residents for their use. Only the �ortion of the public open
space directly accessible to and available to residents for their use may be credited toward the residential
usable open space rec�uirement.
�4) FEE-IN-LIEU OPTION: A fee-in-lieu pavment may be made to satisfv up to 50% of the
residential usable open space requirement for the develo�ment of public parks and recreation
improvements. Fee-in-lieu acceptance shall be at the discretion of the Parks Director after consideration
of the citv's overall park plan and the quality location and usabilit�of the open space that would
otherwise be provided on the project site. If the city determines that a fee-in-lieu is appropriate, a payment
of an equivalent fee-in-lieu of the required open space shall be made.
The fee-in-lieu of open space shall be calculated based on the most recent assessed value of the
subiect propert,y or an a�raisal conducted bv a state-certified real estate a�praiser. If the ap,plicant offers
to pav fee 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 that otherwise would have been rec�uired to be provided,
multiplied by the then-current market value per square foot of the propertv. Bv choosin� the fee-in-lieu
�tion the a�plicant agrees that the citv will not be restricted to usin� the fees in the park comprehensive
planning area that the subject propertv falls within and that they mav be used for park and recreation
improvements in an, o�park comprehensive �lanning areas that serve the Citv Center-Core and Citv
Center-Frame zoned areas. See also FWRC 19.100.070.
Ordinance No. 12-727 Page 10 of 16
Section 6. FWRC 19.100.070 is hereby amended to read as follows:
19.100.070 Timing of fee payments.
Various sections of this Code require payment of fees to mitigate direct impacts of the development
approval. Notwithstanding those fees eligible for deferment pursuant to subsections (1)(b) 1 c and
(3)(b) of this section, the �following describes when such fees shall be calculated and paid:
(1) Open space fee-in-lieu.
(a) As provided in FWRC 18.55.060 and 19.115.115, a z4 fee-in_lieu of open space may be made
to satisfy open space requirements at the discretion of the parks director and shall be calculated and paid
at the time of plat recording for residential land divisions, or prior to buildin�permit issuance for
multifamilv developments in the citvi center-core and city center-frame zoning districts, unless deferred as
noted below. The fee shall be calculated based upon the square footage of open space which otherwise
would have been required to be provided multiplied by the subject property's assessed or appraised value.
(b) For those residential land divisions vested prior to July 2, 2015, open space fees-in-lieu may
be deferred, but shall be paid no later than the closing of sale of each individual house or five years from
deferment of the fee, whichever is earlier. Covenants prepared by the city shall be recorded at the
applicant's expense on each lot at the time of plat recording to enforce payment of deferred fees. The fee
shall be calculated at the time of plat recording and divided equally among all newly created lots. The fee
shall be calculated based upon the square footage of open space which otherwise would have been
required to be provided multiplied by the subject properly's assessed or appraised value. As consideration
for the ability to defer open space fee-in-lieu payments beyond plat recording, the applicant agrees to
waive the right to interest and/or a refund if payment is not expended within five years of collection.
(c) For multifamily developments in the citvi center-core and city center-frame, open space fees-
in-lieu may be deferred, but shall be paid no later than the completion of construction and prior to receipt
of certificate of occupanc ��/a�proval to occu�y for each floor or each buildin�if phased, or five vears
from the recordin� of the deferment covenants, whichever is earlier. Covenants prepared bv the ci shall
Ordinance No. 12-727 Page 11 of 16
be recorded at the applicant's expense prior to buildin� permit issuance, to enforce payment of deferred
fees. The fee shall be calculated at the time of recording of the covenants and shall be divided equally
among all residential units within the proiect. The fee shall be calculated based upon the square foota�e of
�en space that otherwise would have been required to be provided multiplied bv the subject propert ��'s
assessed or ap�raised value. As consideration for the ability to defer open space fee-in-lieu payments
bevond building_permit issuance the applicant a�rees to waive the right to interest and/or a refund if
pavment is not expended within iive years of collection.
{2) Regional stormwater facility fee-in-lieu. Developments may be able to utilize stormwater detention
in one of the city's regional stormwater facilities based on an area fee-in-lieu established by the city. Fees
are used for construction cost recovery and shall be paid at the time of plat recording for residential land
divisions and priar to building permit issuance far commercial and multifamily developments.
(3) Transportation impactfee. Unless the use of an independent fee calculation has been approved, or
unless a development agreement entered into pursuant to RCW 36.70B.170 provided otherwise, the fee
shall be calculated and paid per the following:
(a) For residential land divisions, fees shall be calculated and paid at the time of plat recording.
For unplatted single-family residential lots, commercial and multifamily developments, fees shall be
calculated based on the impact fee schedule in effect at the time a completed building permit application
is filed and paid prior to permit issuance. For a change in use for which no building permit is required, the
fee shall be calculated and paid based on the impact fee schedule in effect on the date of an approved
change of use.
(b) For residential land div,isions and unplatted single-family residential lots, the transportation
impact fee may be deferred, but shall be paid no later than the closing of sale of each individual house.
Covenants prepared by the city to enforce payment of the deferred fees shall be recorded at the
applicant's expense on each lot at the time of plat recording for residential land divisions and prior to
building permit issuance for unplatted single-family residential lots. The fee shall be calculated based on
the impact fee schedule in effect on the date of payment of the impact fee.
Ordinance No. 12-727 Page 12 of 16
Section 7. FWRC 19.05.150 is hereby amended to read as follows:
19.05.150 O definitions.
"Occupant" means a person that legally occupies a structure or property.
"Offzce use" means a place of employment providing services other than production, distribution, sale
or repair of goods or commodities, and includes but is not limited to: medical, dental or other health care;
veterinary, accounting, legal, architectural, engineering, consulting or other similar professional services;
management, administrative, secretarial, marketing, advertising, personnel.ar other similar personnel
services; sales offices where no inventories or goods are available on the premises; real estate, insurance,
travel agent, loan companies, brokerage or other similar services. The following uses are specifically
excluded from the definition of "office": banks, savings and loan companies and similar financial
institutions.
"Offzce zones" mean the PO, OP and CP-1 zoning districts.
"O�cial notification boards of the ciry" means the bulletin boards in the public areas of City Hall and
other public locations as designated by city council.
"On-site hazardous waste treatment and storage facilities " means facilities which treat and store
hazardous wastes generated on the same property or geographically contiguous properties, which may be
divided by public or private right-of-way if the entrance and exit between the properties is at a crossroads
intersection and access is by crossing as opposed to going along the right-of-way.
"Open house" means an event held at a specifc location, that is open to the public, and where the
event holder remains in attendance during the event.
"Open record hearing" means a hearing that creates the city's record of decision for an application or
appeal through testimony and submission of evidence and information, under procedures prescribed by
the city's hearing examiner or the city council. An open record hearing may be held prior to the eity's
decision on an application, or as part of an appeal.
Ordinance No. 12-727 Page 13 of 16
"Open space " , ,
. means an area of land that is valued for natural
processes and wildlife, for a�ricultural production, for active and �assive recreation, and/or for providinQ
other public benefits. In certain cases, open space mav refer to both outdoor and indoor spaces that
provide active or passive recreational amenities for a development's occupants or users.
"Open space, common," means open space which is normally utilized by the occupants of a building, or
ro e
"Open space, private," means eet�e� open space, the use of which is normally limited to the
occupants of a single dwelling
"Open space, public," means open space owned by a public agency and maintained by it for the use
and enjoyment of the general public.
"Ordinary high water mark" means, on lakes, streams and tidal waters, that mark found by examining
the bed, banks, or shore and ascertaining where the presence and action of waters are so common and
usual, and so long continued in ordinary years, as to mark upon the soil or land a character distinct from
that of the abutting uplands with respect to vegetation. Where the ordinary high water mark cannot be
found by mark, the ordinary high water mark shall be the line of inean higher high tide for salt water and
the line of inean high water for fresh water. In any stream where neither mark nor mean high water can be
found, the channel bank shall be substituted. In braided channels and alluvial fans, the ordinary high
water mark or substitute shall be located so as to include the entire stream feature.
"Outdoor" means not contained within a building.
"Outdoor storage " means any material or item (including vehicles), being stored for or awaiting sale,
lease, processing or repair and not enclosed within a building.
"Outdoor storage containers " means new or used prefabricated metal or steel enclosures used for the
accessory storage of supplies, equipment, inventory, goods, commodities, or construction-related
materials; or temporary offices for active construction sites; designed without an aa�le or wheels; and
capable of being mounted on a chassis or bogie far movement by truck, trailer, railcar, or ship. This
Ordinance No. 12-727 Page 14 of 16
definition includes, but is not limited to, cargo, shipping, and freight containers; and excludes typical
residential accessory buildings or structures such as garages and storage sl�eds; garbage and recycling
containers; containers mounted on a truck or in some stage of transport; structures used or designed to be
used as living facilities, and portable moving containers as defined in this chapter. See FWRC 19.125.180
and 19.125.190.
"Owner" means, in reference to real property, the person or persons holding fee title to the property as
well as the purchaser or purchasers under any real estate contract involving the real property.
Section 8. Severabilitv. The provisions of this ordinance are declared separate anci 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 9. 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 8. Ratification. Any act consistent with the authority andprior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 9. 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 18`h day of September, 2012.
CITY OF FEDERAL WAY
r �
MAYOR, KIP PRIEST
Ordinance No. 12-727 Page I S of 16
ATTEST:
C Y CLERK, C RO MCNE LY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 8/2$/2012
PASSED BY THE CITY COLJNCIL: 9/18/2012
PUBLISHED: 9/21 /2012
EFFECTIVE DATE: 9/26/2012
ORDINANCE NO.: 12-727
Ordinance No. 12-727 Page 16 of 16