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
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