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ORD 13-750ORDINANCE NO. 13 -750 AN ORDINANCE of the City of Federal Way, Washington, relating to an amendment to the administration section FWRC 19.115.020 of the Federal Way Zoning and Development. (Amending Ordinance Nos. 09- 604, 07 -554, 06 -515, 03 -443, 01 -382, 99 -333, 97 -291 and 96 -271.) 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 adopt amended development regulations related to: allowing additional flexibility in the administration of the Community Design Guidelines section of the Federal Way Zoning and Development Code; and WHEREAS, the proposed amendments would modify FWRC 19.115.020 regarding the administration procedures of the Community Design Guidelines; and WHEREAS, the proposed action is categorically exempt from State Environmental Policy Act (SEPA) threshold determination and EIS requirements pursuant to WAC 197 -11- 800(19); and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on this code amendment on September 18, 2013, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use /Transportation Committee (LUTC) of the Federal Way City Council considered these code amendments on October 7, 2013, 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 allowing the design guidelines to be implemented more as traditional guidelines rather than standards. Guidelines are intended to outline best practices, and should be implemented with Ordinance No. 13 -750 Page 1 of 4 flexibility, rather than act as rigid standards. The proposed code amendments would allow greater flexibility in administering the community design guidelines for all land uses and developments that are subject to the code. The proposed code amendments would allow for increased creativity for building and site designers, and would allow departures from specific and numeric standards of the community design guidelines. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management Act. (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 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 Federal Way Comprehensive Plan goals and policies: EDG -6 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. EDPI S 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. LUG] Improve the appearance and function of the built environment. LUPI Use residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses. L UP2 Use design and performance standards to achieve a greater range of housing options in multiple family designations. L UP3 Use design and performance standards to create attractive and desirable commercial and office developments. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because the amendments would allow greater flexibility in designing and siting of various Ordinance No. 13 -750 Page 2 of 4 types of land uses and development, while maintaining and protecting property values and enhancing the general appearance of the City. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because the proposed amendments would allow greater flexibility in administration of the community design guidelines, and the proposed amendments will support economic development in the City by allowing increased creativity in building and site design, while enhancing the general appearance of the City. Section 3. FWRC 19.115.020 is hereby amended to read as follows: 19.115.020 Administration. Applications subject to community design guidelines and crime prevention through environmental design (CPTED) shall be processed as a component of the governing land use process, and the Director shall have the authority to approve, modify, or deny proposals under that process. Unlike development standards in the zoning code, this chapter contains guidelines that are intended to serve as performance objectives for developing the he appropriate siting and design solution for each development on each unique site. Decisions under this chapter will consider proposals on the basis of individual merit and will encourage creative design alternatives in order to achieve the stated purpose and objectives of this chapter. To further such creative design alternatives, and in recognition of site- specific opportunities and constraints, decisions under this chapter m4y allow for departure from M specific or numeric provisions contained in these guidelines, provided the end result is consistent with the purpose statement of this chapter. Decisions under this chapter are appealable using the appeal procedures of the applicable land use process. 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 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 6. Ratification. Any act consistent with the authority and prior 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. Ordinance No: 13 -750 Page 3 of 4 PASSED by the City Council of the City of Federal Way this 5th day of November, 2013. CITY OF FEDERAL WAY MAYOR, SKAP PRIEST ATTEST: CITY CLERK, CAROL MCNFIVLY, CMC APPROVED AS TO FORM: 62� -fir. CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 10/8/2013 PASSED BY THE CITY COUNCIL: 11/05/2013 PUBLISHED: 11/08/2013 EFFECTIVE DATE: 11/13/2013 ORDINANCE NO.: 13 -750 Ordinance No. 13 -750 Page 4 of 4