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ORD 16-812• • ORDINANCE NO. 16 -812 AN ORDINANCE of the City of Federal Way, Washington, relating to variances; amending FWRC 19.45.010 and 19.45.020; and adding a new section to Chapter 19.45 FWRC. (Amending Ordinance Nos. 90- 43 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 adopt a new administrative variance procedure for proposals that do not exceed 25 percent of the measurable zoning standard within the City of Federal Way; and WHEREAS, the proposed amendments provide an efficient and timely decision making process; and WHEREAS, the proposed amendments relate to governmental procedures containing no substantive standards respecting use or modification of the environment; therefore, the proposed amendments are categorically exempt from environmental threshold determination requirements delineated in WAC 197 -11- 800(19); and Ordinance No. 16 -812 Page 1 of 5 • • WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on October 7, 2015, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use /Transportation Committee of the Federal Way City Council considered these code amendments on November 2, 2015 and requested staff include provisions for a second notice period prior to issuing an administrative variance decision; and WHEREAS, the Land Use /Transportation Committee of the Federal Way City Council considered these code amendments on December 7, 2015, and recommended adoption of the text amendments. 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 making the variance process more efficient. (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. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. Ordinance No. 16 -812 Page 2 of 5 • • (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: LUG2 Develop an efficient and timely development review process based on a public /private partnership. LUP4 Maximize efficiency of the development review process. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. EDP2 Periodically monitor local and regional trends to be able to adjust plans, policies, and programs. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it provides timely decision - making for applicants who may have unique hardships in developing a particular property. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it streamlines decision - making and reduces costs for applicants and the city. Ordinance No. 16 -812 Page 3 of 5 • • Section 3. FWRC 19.45.010 is hereby amended to read as follows: 19.45.010 Procedure generally. The city will use process IV, Chapter 19.70 FWRC, to review and decide upon an application for a variance.-, with the exception of an administrative variance pursuant to FWRC 19.45.015 in which case the city will use process III, Chapter 19.65 FWRC. Section 4. Chapter 19.45 of the Federal Way Revised Code is hereby amended to add a new section "Administrative variance" to read as follows: 19.45.015 Administrative variance (1) Scope. The community development director may grant a variance that does not exceed 25 percent of the measurable standard. (2) Additional notice. A notice of impending decision shall be issued with content items and distribution methods set forth in FWRC 19.65.070 at least 15 -days prior to the director's decision. Section 5. FWRC 19.45.020 is hereby amended to read as follows: 19.45.020 Application information. In addition to the application materials required in Chapter 19.65 FWRC or Chapter 19.70 FWRC, the applicant shall submit a completed application on the form provided by the community development department, along with all of the information listed on that form. Section 6. 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 7. 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. Ordinance No. 16 -812 Page 4 of 5 Section 8. Ratification. Any act consistent with the authority and prior 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 19th day of January, 2016. CITY OF FEDERAL WAY ATTEST: LERK, STEPHANI APPROVED AS TO FORM: TNEY, CMC CITY AT17jONEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: 12/30/2015 PASSED BY THE CITY COUNCIL: 01/19/2016 PUBLISHED: 01/22/2016 EFFECTIVE DATE: 01/27/2016 ORDINANCE NO.: #16-812 Ordinance No. 16 -812 Page 5 of 5