ORD 16-812 - Relating to Variances• •
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
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(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
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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.
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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
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