ORD 18-844 - Amending Various Sections of Title 19ORDINANCE NO. 18-844
AN ORDINANCE of the City of Federal Way, Washington, relating
to updating and clarifying, Title 19 FWRC, the Zoning and
Development Code; amending FWRC 19.05.020, 19.05.040, 19.05.130,
19.05.230, 19.110.020, 19.125.030, 19.125.040, 19.125.070, 19.125.180,
19.135.100, 19.135.130, and 19.200.010; and adding new sections to
Chapters 19.195, 19.215, 19.220, 19.225, 19.230, and 19.240 FWRC.
(Amending Ordinance Nos. 90-43, 93-170; 96-270; 97-291; 98-309; 98-
330; 02-424; 06-533; 07-045; 07-545 07-554; 07-559; 7-573; 08-585; 09-
593; 09-605; 09-610; 09-630; 10-678; 14-778; 15-797; and 17-834)
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 new and amended
development regulations in Title 19 FWRC to allow breweries, distilleries, wineries, micro -
breweries, micro -distilleries, and micro -wineries within the City of Federal Way; and
WHEREAS, certain section of Title 19 FWRC are inconsistent and confusing, which has
created problems in the administration of some sections of the zoning code, which necessitates
amendments to clarify the regulations; and
WHEREAS, incorrect references and statements exist within Title 19 FWRC that conflict
with other sections of the FWRC administered by various City departments; and
Ordinance No. 18-844 Page 1 of 40
WHEREAS, the Planning Commission conducted public discussion of these code
amendments on August 2, 2017; and
WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly
issued for the Proposal on August 11, 2017, and no comments or appeals were received and the
DNS was finalized on September 15, 2017; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on September 20, 2017 and forwarded a recommendation of approval
with modification to the City Council as follows:
(1) To amend FWRC 19.110.020(2)(a) and (c) by eliminating the language of these two
sections to comply with surface water requirements;
(2) To amend FWRC 19.125.030(2) by removing the requirement that only licensed
certified landscape architects are allowed to complete landscape plans;
(3) To amend FWRC 19.125.040(28) to clarify that landscaping is required between
buildings and property lot lines where buildings do not meet lot lines;
(4) To amend FWRC 19.125.170(5) and FWRC 19.125.180(1) to provide accurate code
references;
(5) To amend FWRC 19.135.100(2) and 19.135.130(2) to clarify which development
standards apply to improvements required under Chapter 19.135 FWRC;
(6) To amend FWRC 19.200.010 to clarify side yard requirements in the Single -Family
Residential (RS) zone;
(7) To amend Chapter 19.220 FWRC by adding a use table allowing public utilities
within the Community Business (BC) zone;
(8) To amend Chapter 19.220 FWRC by adding a use table allowing public utilities
within the Commercial Enterprise (CE) zone; and
Ordinance No. 18-844 Page 2 01'40
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on November 15, 2017 and forwarded a recommendation of approval
to the City Council with modification to the City Code as follows:
(1) To amend FWRC 19.05.130 to add a definition for "micro -brewery, micro -distillery,
and micro -winery";
(2) To amend Chapter 19.125 FWRC to allow micro -breweries, micro -distilleries, and
micro -wineries with the Suburban Estates (SE) zone;
(3) To amend Chapter 19.215 FWRC by adding a use table allowing micro -breweries,
micro -distilleries, and micro -wineries within the Neighborhood Business (BN) zone;
(4) To amend Chapter 19.220 FWRC by adding a use table allowing micro -breweries,
micro -distilleries, and micro -wineries within the Community Business (BC) zone;
(5) To amend Chapter 19.225 FWRC by adding a use table allowing micro -breweries,
micro -distilleries, and micro -wineries within the City Center Core (CC -C) zone;
(6) To amend Chapter 19.230 FWRC by adding a use table allowing micro -breweries,
micro -distilleries, and micro -wineries within the City Center Frame (CC -F) zone;
(7) To amend Chapter 19.240 FWRC by adding a use table allowing micro -breweries,
micro -distilleries, and micro -wineries within the Commercial Enterprise (CE) zone; and
WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council
considered these code amendments on February 5, 2018, and recommended adoption of the text
amendments as recommended by the Planning Commission with further modifications as
follows:
(1) To amend FWRC 19.05.020 to add a definition for "brewery";
(2) To amend FWRC 19.05.040 to add a definition for "distillery";
(3) To amend FWRC 19.05.230 to add a definition for "winery"; and
Ordinance No. 18-844 Page 3 of 40
(4) To eliminate production caps in all commercial zones, Neighborhood Business (BN),
Community Business (BC), City Center Core (CC -C), City Center Frame (CC -F), and
Commercial Enterprise (CE) by removing the prefix "micro" from those zone use
charts, while retaining the production caps in the Suburban Estates (SE) zone;
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 clarifying items within the Code to reduce the need for
interpretation by correcting issues within the Code, and by offering economic opportunities
within the City that currently do not exist.
(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.
(e) These code amendments have followed the proper procedure required under the
Federal Way Revised Code.
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. 18-844 Page 4 of 40
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.
LUPE: Conduct regular reviews of development regulations to determine how to improve
upon the permit review process.
MPP-Ec-5: Foster a supportive environment for business startups, small businesses, and
locally owned businesses to help them continue to prosper.
EC -6: Foster the retention and development of those businesses and industries that export
their goods and services outside the region.
LUP36: Require development to be compatible and well integrated into its surroundings
and adjacent zones through site and building design and development standards that
reduce or eliminate land use conflicts and nuisance impacts; ensure project aesthetics;
promote sharing of public facilities and services; and improve vehicular and pedestrian
traffic flow and safety, including access control and off-street interconnectivity between
adjoining properties where feasible.
(b) The proposed FWRC amendments bear a substantial relationship to the public
health, safety, and welfare because they provide implementing clarifications to a number of
sections of Title 19 FWRC, and the amendments also offer economic incentive for a new and
creative use within the City, which is compatible with surrounding environments and uses, to
potentially increase tourism in the City.
(c) The proposed amendments are in the best interest of the public and the residents
of the City of Federal Way because they clarify a number of ambiguous regulations to allow for
consistent interpretation and application of the FWRC.
(d) The amendments create opportunities for small businesses, which may increase
the economic base of the City.
Ordinance No. 18-844 Page 5 of 40
Section 3. FWRC 19.05.020 is hereby amended to read as follows:
19.05.020 B definitions.
"Backfill" means material placed into an excavated area, pit, trench or behind a constructed
retaining wall or foundation.
"Balloon" means an inflatable device, generally composed of a thin layer of latex or Mylar,
into which a gas (typically helium) is inserted in order to cause it to rise or float in the
atmosphere. (See also "inflatable advertising device.")
"Best available science" means current scientific information used in the process to
designate, protect, or restore critical areas, that is derived from a valid scientific process as
defined by WAC 365-195-900 through 365-195-925.
"Best management practices (BMPs) " means those practices which provide the best
available and reasonable physical, structural, managerial, or behavioral activity to reduce or
eliminate pollutant loads and/or concentrations leaving a site.
"Brewery" means an establishment primarily engaged in the production of beer, ale, and/or
other malt or brewed beverages, including all of the equipment and materials required for such
production, and may include accessory uses such as tours of the brewery, sales, and/or on-site
consumption, e.g., a tasting room.
"Buffer" means an area that is contiguous to and protects a critical area that is required for
the continued maintenance, functioning, and/or structural stability of a critical area.
"Building" means any structure having a roof supported by columns or walls and intended
for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or
materials of any kind.
"Building segment" means that portion of a terraced building on a sloping site which has a
separate roof line or finished floor elevation with a grade change of at least four feet.
Ordinance No. 18-844 Page 6 of 40
"Bulkhead" means a wall or embankment used for retaining earth.
"Business or vocational school" means a post -secondary institution that offers instruction in
business principles and practices that will enhance one's ability to perform in a business setting,
i.e., secretarial, accounting, purchasing, computer programming or usage, or training in fields
such as health services, restaurant management, real estate, beautician training, or professional
training or continuing education in these or similar fields.
Section 4. FWRC 19.05.040 is hereby amended to read as follows:
19.05.040 D definitions.
"Day care facility, commercial" means the temporary, nonresidential care of persons on a
recurring basis. See FWRC Title 19, Division VI, Zoning Regulations.
"Dedication" means the deliberate appropriation of land by its owner for public use or
purpose, reserving no other rights than those that are compatible with the full exercise and
enjoyment of the public uses or purposes to which the property has been devoted.
"Deleterious substance" includes, but is not limited to, chemical and microbial substances
that are classified as hazardous materials under this section, "hazardous materials," whether the
substances are in usable or waste condition, that have the potential to pose a significant
groundwater hazard, or for which monitoring requirements of treatment -based standards are
enforced under Chapter 246-290 WAC.
"Development" means any human activity consisting of any construction, expansion,
reduction, demolition, or exterior alteration of a building or structure; any use, or change in use,
of a building or structure; any human -caused change to land whether at, above, or below ground
or water level; and any use, or change in use, of land whether at, above, or below ground or
water level. Development includes, but is not limited to, any activity that requires a permit or
approval under zoning ordinances, subdivision ordinances, building code ordinances, critical
Ordinance No. 18-844 Page 7 of 40
areas ordinances, all portions of a shoreline master program, surface water ordinances, planned
unit development ordinances, binding site plan ordinances, and development agreements;
including but not limited to any activity that requires a building permit, grading permit, shoreline
substantial development permit, conditional use permit, special use permit, zoning variance or
reclassification, subdivision, short subdivision, urban planned development, binding site plan,
site development, or right-of-way use permit. Development also includes, but is not limited to,
filling, grading, paving, dredging, excavation, mining, drilling, bulkheading; driving of piling;
placing of obstructions to any right of public use; and the storage of equipment or materials.
"Development regulation" means controls placed on development or land use, but does not
include decisions to approve a project permit application even though they may be expressed in a
resolution or ordinance.
"Diameter at breast height (dbh) " means the diameter of a tree trunk as measured at four and
one-half feet above the ground surface.
"Director" means the director of the department of community development, also known as
the department of community development services, unless the context indicates otherwise.
"Distillery" means an establishment primarily engaged in the production of distilled spirits,
including all of the equipment and materials required for such production, and may include
accessory uses such as tours of the distillery, sales, and/or on-site consumption, e.g., a tasting
room.
"Domestic animal" means an animal which can be and is customarily kept or raised in a
home or on a farm.
"Dredging" means removal of earth and other materials from a body of water, a watercourse,
or a wetland.
Ordinance No. 18-844 Page 8 of 40
"Dredging spoils" means the earth and other materials removed from a body of water, a
watercourse, or a wetland by dredging.
"Driveway" means an area of the subject property designed to provide vehicular access to a
parking area or structure located on the subject property.
"Dry land" means the area of the subject property landward of the high water line.
"Dwelling unit" means one or more rooms in a structure or structures, excluding mobile
homes and outdoor storage containers and similar structures used or designed to be used as living
facilities, providing complete, independent living facilities exclusively for one family, including
permanent provisions for living, sleeping, cooking and sanitation. A factory -built home or
manufactured home is considered a dwelling unit under this title only if it meets the standards
and criteria of a designated manufactured home established in RCW 35A.63.145. There are the
following 10 types of dwelling units:
(1) "Dwelling unit, attached" means a dwelling unit that has one or more vertical walls in
common with or attached to one or more other dwelling units or other uses and does not have
other dwelling units or other uses above or below it.
(2) "Dwelling unit, detached" means a dwelling unit that is not attached or physically
connected to any other dwelling unit or other use.
(3) "Dwelling unit, efficiency" means a small one -room unit, which includes all living and
cooking areas with a separate bathroom.
(4) "Dwelling unit, stacked" means a dwelling unit that has one or more horizontal walls in
common with or attached to one or more other dwelling units or other uses and may have one or
more vertical walls in common with or adjacent to one or more other dwelling units or other
uses.
Ordinance No. 18-844 Page 9 of 40
(5) "Dwelling unit, multifamily" means a building containing two or more dwelling units,
which are either attached or stacked. See definition of "dwelling unit, townhouse."
(6) "Dwelling unit, senior citizen housing" means housing available for the exclusive
occupancy of persons over 55 years of age.
(7) "Dwelling unit, small lot detached" means detached residential dwelling units developed
on multifamily -zoned property. Each unit is located on its own fee -simple lot. One of the
dwelling unit's sides may rest on a lot line (zero lot line) when certain site development
conditions are met.
(8) "Dwelling unit, studio" means a one -room unit, which includes all living and cooking
areas with a separate bathroom. Studios may have a wide open living space, and are typically
larger than an "efficiency apartment." Studio apartments can contain a loft.
(9) "Dwelling unit, townhouse" means a type of attached multifamily dwelling in a row of at
least two such units in which each unit has its own front and rear access to the outside, no unit is
located over another unit, and each unit is separated from any other unit by one or more vertical
common fire-resistant walls.
(10) "Dwelling unit, zero lot line townhouse" means attached residential dwelling units with
common (or "party") walls. Each unit is located on a lot in such a manner that one or more of the
dwelling's sides rest on a lot line. Each unit has its own entrance opening to the outdoors (to the
street, alley, or private tract) and, typically, each house is a complete entity with its own utility
connections. Although most townhouses have no side yards, they have front and rear yards. The
land on which the townhouse is built, and any yard, is owned in fee simple.
Section 5. FWRC 19.05.130 is hereby amended to read as follows:
Ordinance No. 18-844 Page 10 of 40
19.05.130 M definitions.
"Maintenance," for signs, means the cleaning, painting, and minor repair of a sign in a
manner that does not alter the basic design, size, height, or structure of the sign.
"Manufactured home" means a factory -built structure transportable in one or more sections
which is built on a permanent chassis and designed to be a dwelling with or without a permanent
foundation when connected to required utilities. A manufactured home shall be built to comply
with the National Manufactured Home Construction and Safety Standards Act of 1974
(regulations effective June 15, 1976).
"Manufacturing and production" means the mechanical or chemical transformation of
materials or substances into new products, including the assembling of component parts, the
creation of products, and the blending of materials, such as oils, plastics, resins, or liquors.
Manufacturing and production is divided into the following categories:
(1) "Manufacturing and production, general, " means establishments typically
manufacturing and producing for the wholesale market.
(2) "Manufacturing and production, limited," means retail establishments engaged in the
small-scale manufacture, production, and on-site sales of custom goods and products. These uses
are distinguished from "manufacturing and production, general," by a predominant use of hand
tools or domestic mechanical equipment, limited number of employees, limited sales volume,
limited truck deliveries, little or no outdoor storage, typical retail hours of operation, and an
obvious retail storefront with a public entrance that is in scale with the overall building and
oriented to the right-of-way. This category includes uses such as ceramic studios; candle -making
shops; custom jewelry manufacturing; woodworking and cabinet making; manufacturing of
specialized orthopedic appliances such as artificial limbs or braces; manufacturing of dental
appliances such as bridges, dentures, and crowns; production of goods from finished materials
Ordinance No. 18-844 Page 11 of 40
such as wood, metal, paper, glass, leather, and textiles; and production of specialized food
products such as caterers, bakeries, candy stores, microbreweries, and beverage bottlers.
"Maximum lot coverage" means the maximum percentage of the surface of the subject
property that may be covered with materials which will not allow for the percolation of water
into the underlying soils. See FWRC 19.110.020 et seq. for further details.
"Mean sea level" means the level of Puget Sound at zero tide as established by the U.S.
Army Corps of Engineers.
"Medium density zones" mean the following zones: RS 15.0, RS 35.0 and comparable zones
in other jurisdictions.
"Micro -brewery," "micro -distillery," or "micro -winery" means a small-scale "brewery"
limited to production of less than 3,750 beer barrels per year (115,000 gallons), small-scale
"distillery" limited to production of less than 7,600 9 -liter cases per year (65,000 liters), or small-
scale "winery" limited to production of less than 3,000 cases_per year (495 gallons), respectively.
"Microcell" means a wireless communication facility consisting of an antenna that is either:
(1) Four feet in height and with an area of not more than 580 square inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet high.
"Minor facility" means a wireless communication facility consisting of up to three antennas,
each of which is either:
(1) Four feet in height and with an area of not more than 580 inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet in
length.
A minor facility includes any associated equipment cabinet that is six feet or less in height
and no more than 48 square feet in floor area.
Ordinance No. 18-844 Page 12 of 40
"Mixed-use building" means a building containing two or more different principal permitted
uses, as determined by the director, and which occupy separate tenant spaces.
"Moorage facility" means a pier, dock, buoy or other structure providing docking or
moorage space for waterborne pleasure craft.
"Multiple -story building" means a building containing two or more floors of active permitted
use(s), and each upper floor area, excluding any storage, mechanical, and other similar
accessory, nonactive areas, contains at least 33 percent of the ground floor area.
"Multi -tenant complex" means a complex containing two or more uses or businesses.
"Multi -use complex" means all of the following: a group of separate buildings operating
under a common name or management; or a single building containing multiple uses where there
are specific exterior entranceways for individual uses; or a group of uses on separate but
adjoining properties that request treatment as a multi -use complex.
"Mural" means a design or representation that is painted or drawn on the exterior surface of
a structure and that does not advertise a business, product, service, or activity.
Section 6. FWRC 19.05.230 is hereby amended to read as follows:
19.05.230 W definitions.
"Water feature" means a fountain, cascade, stream water, water wall, water sculpture, or
reflection pond. The purpose is to serve as a focal point for pedestrian activity.
"Water park" means an amusement park that features water play areas, such as water slides,
splash pads, spraygrounds (water playgrounds), lazy rivers, or other recreational bathing,
swimming, and barefooting environments. Accessory water features at parks and plazas are not
included in the definition of "water park."
Ordinance No. 18-844 Page 13 of 40
"Waterward" means toward the body of water.
"Well" means a hole or shaft sunk into the earth to tap an underground supply of water.
"Wellfield " means an area containing two or more wells with overlapping zones of
contribution that supply a public water system.
"Wellhead" means the top of the shaft of a well or similar water extraction facility from
which potable water is extracted.
"Wellhead capture zone" means an area in which groundwater is calculated to travel to a
pumping well. Capture zones are usually defined according to the time that it takes for water
within a particular zone to travel to a well. Calculated capture zones usually only approximate
actual capture zones as a result of assumptions required to conduct the calculation.
"Wellhead protection area (WHPA) " means the surface and subsurface area surrounding a
well or wellfield that supplies a public water system through which contaminants are likely to
pass and eventually reach the water well(s) as designated under the Federal Clean Water Act.
"Wetland" or "wetlands" means areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do
not include those artificial wetlands intentionally created from nonwetland sites, including, but
not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created
after July 1, 1990, that were unintentionally created as a result of the construction of a road,
street, or highway. Wetlands may include those artificial wetlands intentionally created from
nonwetland areas to mitigate conversion of wetlands.
"Wholesale trade" means a commercial establishment which sells to retail establishments.
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"Winery" means an establishment primarily engaged in the production of wine, including all
of the equipment and materials required for such production, and may include accessory uses
such as tours of the winery, sales, and/or on-site consumption, e.g., a tasting room.
Section 7. FWRC 19.110.020 is hereby amended to read as follows:
19.110.020 Calculating lot coverage.
(1) General. Except as specified in subsection (2) of this section, the area of all structures,
pavement and any other impervious surface on the subject property will be calculated as a
percentage of total lot area, exclusive of the area of any recorded access easements, in
determining compliance with maximum lot coverage required in this title. If the subject property
contains more than one use, the maximum lot coverage requirements for the predominant use
will apply to the entire development.
(2) Exceptions. The following shall be excepted from the provisions of this section:
proposed if the deck is constructed with gaps between the boards and if there is a pervious
surface below the deck.
(ba) A vehicular access easement, private tract, or that portion of a private driveway located
within the "flag pole" or "access panhandle" part of the lot will not be used or considered in
determining compliance with the maximum lot coverage requirement of this title.
(c) One half of the arca covered with grass gra pa'crs-w-ill be considered as impervious
surface in determining compliance with the maximumlet coverage requirement of this title.
Section 8. FWRC 19.125.030 is hereby amended to read as follows:
19.125.030 Landscape plan approval.
(1) No permit shall be issued to erect, construct or undertake any development project
without prior approval of a landscape plan by the department of community development.
Ordinance No. 18-844 Page 15 of 40
(2) Required landscape plans for all projects shall be prepared by a Washington State
licensed landscape architect persons qualified pursuant to FWRC 19.125.035(1)(a).
Section 9. FWRC 19.125.040 is hereby amended to read as follows:
(1) All portions of a lot not used for buildings, future buildings, parking, storage or accessory
uses, and proposed landscaped areas shall be retained in a "native" or predeveloped state. The
department of community development may allow or require supplemental plantings in these
areas, pursuant to the provisions of this title.
(2) All outside storage areas shall be fully screened by Type I landscaping a minimum of five
feet in width, as described in FWRC 19.125.050(1), unless determined by the community
development review committee (CDRC) that such screening is not necessary because stored
materials are not visually obtrusive.
(3) Slopes in areas that have been landscaped with lawn shall generally be a 3:1 ratio or less,
length to height, to assist in maintenance and to allow irrigation systems to function efficiently.
In other areas of plantings, a slope of up to a 2:1 ratio, length to height, may be used if
acceptable to the public works director, upon review of a geotechnical/soils study submitted by
an applicant to ensure soil slope integrity.
Figure 1 — FWRC 19.125.040(4)
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(4) All trash enclosures shall be screened from abutting properties and/or public rights-of-
way by a 100 percent sight-obscuring fence or wall and appropriate landscape screen.
(5) Type III landscaping, defined in FWRC 19.125.050(3), shall be placed outside of sight-
obscuring fences abutting public rights-of-way and/or easements unless determined by the
director of community development that such arrangement would be detrimental to the stated
purpose of this article.
(6) With the exception of lawn areas, at least 25 percent of new landscaping materials (i.e.,
plants, trees, and groundcovers) shall consist of drought-tolerant species. All developments are
encouraged to include native Pacific Northwest and drought-tolerant plant materials for all
projects.
(7) Deciduous trees shall have a caliper of at least 1.5 inches at the time of planting measured
4.5 feet above the root ball or root structure.
(8) Evergreen trees shall be a minimum six feet in height (measured from tree top to the
ground) at the time of planting.
(9) Shrubs shall be a minimum 12 to 24 inches in height (measured from top of shrub to the
ground) at the time of planting based on the following:
(a) Small shrubs — 12 inches.
(b) Medium shrubs — 18 inches.
(c) Large shrubs — 24 inches.
(10) Groundcovers shall be planted and spaced, using a triangular planting arrangement, to
result in total coverage of a landscaped area within three years.
(11) Areas planted with grass/lawn shall:
(a) Constitute no more than 75 percent of landscaped areas, provided, there shall be an
exception for biofiltration swales; and
Ordinance No. 18-844 Page 17 of 40
(b) Be a minimum of five feet wide at the smallest dimension.
(12) Grass and required landscaping areas shall contain at least four inches of topsoil at finish
grade.
(13) Existing clay or sandy soils shall be augmented with an organic supplement.
(14) Landscape areas shall be covered with at least two inches of mulch to minimize
evaporation where plant materials will cover and three inches of mulch over bare soil.
(15) In order to reduce irrigation requirements, design principles using xeriscape techniques
are encouraged. In meeting water conservation goals, and to deliver appropriate amounts of
water necessary to maintain planted vegetation, species that are not drought tolerant should be
grouped together and have irrigation systems, and be separated from any other irrigation system
provided for drought -tolerant species.
(16) Mulch shall be used in conjunction with landscaping in all planting areas to meet
xeriscaping goals, assist vegetative growth and maintenance or to visually compliment plant
material. Mulches include organic materials such as wood chips and shredded bark.
Nonvegetative material shall not be an allowable substitute for plant material.
(17) All development shall comply with Ceity of Federal Way street tree requirements. (See
the City of Federal Way Right -of -Way Vegetation Standards and Specifications Manual.)
(18) Landscaping proposed to be located within or adjacent to utility easements shall be
reviewed by the respective utility agency(ies).
(19) Landscaping and fencing shall not violate the sight distance safety requirements at street
intersections and points of ingress/egress for the development.
(20) All tree types shall be spaced appropriate for the compatibility of the planting area and
the canopy and root characteristics of the tree.
(21) All permanent lawn or sod areas shall have permanent irrigation systems.
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(22) Screening of blank building walls. Building walls which are uninterrupted by window,
door, or other architectural feature(s) listed in Chapter 19.115 FWRC, Community Design
Guidelines, FWRC 19.115.060(3)(b), that are 240 square feet or greater in area, and not located
on a property line, shall be screened by landscaping. Such planting shall include trees, shrubs and
groundcover appropriate for the area proposed.
(23) Foundation landscaping is encouraged for all developments to reduce the scale, bulk and
height of structures.
(24) All loading areas shall be fully screened from public right-of-way or nonindustrial/
manufacturing uses with Type I landscaping.
Figure 2 — FWRC 19.125.040(23)
(25) Use of products made from post -consumer waste is encouraged whenever possible.
(26) Soil in parking lot landscaped areas must be noncompacted to a depth of 18 inches prior
to planting of any shrubs, trees, or groundcovers.
(27) Landscaping shall not be required along interior lot lines within a development where
parking is being shared.
(28) Landscaping is not required along perimeter lot lines abutting rights-of-way where the
building is constructed so that the building's side(s) rest directly on the lot line and no required
yards apply can be provided pursuant to Division VI, Zoning Regulations. Landscaping along the
Ordinance No. 18-844 Page 19 of 40
perimeter lot lines abutting rights-of-way shall be required pursuant to Division VI, Zoning
Regulations, where the building is constructed so that the building's side(s) do not rest directly
on the lot line.
Section 10. FWRC 19.125.170 is hereby amended to read as follows:
19.125.170 Commercial and industrial uses.
(1) Generally. Subject to process I and the following requirements, the commercial and
industrial uses that are permitted on a site under this title may be conducted out-of-doors unless
otherwise regulated or prohibited by this title.
(2) Site plan. The applicant shall submit, for approval to the department of community
development, a site plan drawn to scale showing and describing the following items:
(a) Locations and dimensions of all buildings, structures and fences on the subject property.
(b) Locations and dimensions of all parking and driving areas on the subject property.
(c) Locations and dimensions of all existing and proposed outdoor use, activity, or storage
areas and related buildings or structures on the subject property.
(d) Locations and description of all existing and proposed landscaping on the subject
property.
(e) The nature of the outdoor use, activity, storage area or related building or structure,
including a detailed description of all items proposed to be stored outdoors.
(f) The intended duration of the outdoor use, activity or storage.
(3) Specific use and development requirements. The city will administratively review and
either approve or deny any application for outdoor use, activity, or storage based on the
following standards:
(a) All outdoor use, activity and storage areas must comply with required buffers for the
primary use.
Ordinance No. 18-844
Page 20 of 40
(b) A minimum six -foot -high solid screening fence, wall, or other appropriate architectural
screening, surrounded by five feet of Type I landscaping as defined by FWRC 19.125.050(1), or
combination of architectural and landscape features, approved by the director of community
development services is required around the outside edges of the area devoted to the outdoor use,
activity or storage area, unless determined by the director that such screening is not necessary
because the use or stored materials are not visually obtrusive. Proposed architectural and
landscape screening methods shall be consistent with Chapter 19.115 FWRC, Community
Design Guidelines, and Article I of this chapter (Landscaping).
(c) Outdoor use, activity or storage areas located adjoining residential zones or permitted
residential uses may not be located in the required yards adjoining the residential use or zone.
(d) The height of uncontained items stored outdoors shall not exceed six feet above finished
grade, unless the director approves a different height limitation after considering the zoning of
the site and the surrounding properties and the extent to which the location or methods of
screening the items minimizes visibility from adjacent streets and properties, and the items are
not visually obtrusive and do not detract from the aesthetic quality of the overall development.
(e) The outdoor use, activity or storage area may not inhibit safe vehicular and pedestrian
movement to, from and on the subject property.
(4) Exceptions to outdoor use, activity or storage. The following outdoor uses and activities,
when located in commercial and industrial -commercial zones, are exempt from the requirement
of subsections (2) and (3) of this section; provided, that the use, activity or storage shall not
inhibit safe vehicular and pedestrian movement to, from and on the subject property:
(a) Outdoor Christmas tree lots if these uses will not operate more than 30 days in any year.
Ordinance No. 18-844 Page 21 of 40
(b) Outdoor amusement rides, carnivals and circuses and parking lot sales which are
accessory to the indoor sale of the same goods and services if these uses will not operate more
than seven days in any six-month period.
(c) Outdoor dining and refreshment areas, including espresso carts.
(d) Outdoor display of vehicles for sale or lease; provided, that the display area complies
with all other applicable requirements of this chapter.
(e) Year-round outdoor sales and storage of lawn and garden stock, which are accessory to
the indoor sale of the same goods and services; provided, that the use does not include outdoor
play equipment, storage sheds, furniture or mechanical equipment.
(f) Outdoor accessory sales area(s) adjacent to the entrance of the primary structure, if such
area is fully covered by a pedestrian -height awning, canopy, roof overhang, or similar feature,
that is permanently attached to the primary structure; and all of the following criteria are met: (i)
the area maintains a five -foot -wide unobstructed pedestrian pathway to the building entrance,
and in no way blocks any required ingress/egress; (ii) sale items are displayed only during
normal business hours; (iii) no coin-operated vending machines or similar items are displayed;
(iv) the area complies with subsections (3)(a), (c) and (e) of this section; and (v) the area
complies with all fire, building, and zoning requirements.
(5) Gross floor area. For the purpose of this title, an outdoor use, activity or storage area will
be used in calculating the gross floor area of a use or development if this area will be used for
outdoor use, activity or storage for at least two months out of every year, excluding the uses
listed under subsection (4) of this section and the following uses: temporary trailers, buildings
and structures listed in FWRC 19.275.44.0-080; portable moving containers listed in FWRC
19.275.4-20-090; and outdoor storage containers used to store emergency preparedness supplies
or related materials if approved under FWRC 19.125.180.
Ordinance No. 18-844 Page 22 of 40
(6) Improvements. If the outdoor use, activity or storage is located on an unimproved area of
the site, the underlying ground must be improved as required by the departments of public works
and community development.
(7) Modification. The applicant may request a modification of the requirements of subsection
(3) of this section. This request will be reviewed and decided upon under process II. The city
may approve the modification if:
(a) The modification will not create a greater impact on any nearby residential use than
would be created without the modification.
(b) The modification will not detract from the character of any use.
(c) The modification will not be injurious to public health, safety or welfare.
Section 11. FWRC 19.125.180 is hereby amended to read as follows:
19.125.180 Regulation of outdoor storage containers for permanent accessory storage.
(1) Allowed uses and zones. If approved under this section, outdoor storage containers may
be used as permanent accessory storage in conjunction with any allowed principal use in any
nonresidential zone. In residential zones they may be used as permanent accessory storage only
in conjunction with institutional or quasi-public uses, and not with any other permitted use(s).
Outdoor storage container(s) may in no case be the principal structure or use of a property. Refer
to FWRC 19.275.110 080 and 19.275.x0-090 for regulations related to the temporary use of
outdoor storage containers and portable moving containers in residential and nonresidential
zones.
(2) Review process. Requests to place accessory outdoor storage containers on a permanent
basis are subject to process I (director's approval), unless the container(s) is part of a
development project that requires a different review process, in which case it shall be reviewed
in conjunction with that project and process.
Ordinance No. 18-844 Page 23 .01'40
(3) Design criteria. Permanent outdoor storage containers are subject to FWRC
19.125.170(1) through (3) and (5) through (7), and the following criteria:
(a) Containers shall be placed to minimize visibility from surrounding streets, pedestrian
areas, and properties; and shall not be located between the principal building and front property
line.
(b) Containers shall not be stacked.
(c) Containers shall not be refrigerated, or used or designed to be used for office, sales, or
other habitable space.
(d) Containers shall be painted to match adjacent building(s) or improvements.
(e) No loose material shall be stacked on or near a container unless approved under all
applicable provisions of this chapter.
(f) Containers shall be screened in accordance with FWRC 19.125.170(3)(b). In reviewing
proposed screening methods, the director will consider the zoning of the site and surrounding
properties; location of the container and visibility from adjacent streets and properties; existing
and proposed landscaping; and the physical condition of the container; provided, that containers
located on or adjoining a residentially zoned property shall receive 100 percent sight -obscuring
screening.
(g) The director may limit the number and/or size of containers on a site if necessary to
minimize visual or operational impacts to the site or surrounding properties.
(h) The director may waive or modify the screening and/or placement criteria of this section
as necessary to accommodate the storage of emergency preparedness supplies or other materials
related to the public health, safety, and welfare, when used in conjunction with institutional and
quasi -public uses.
Ordinance No. 18-844 Page 24 of 40
Section 12. FWRC 19.135.100 is hereby amended to read as follows:
19.135.100 Exceptions.
The following provisions of this article shall apply:
(1) A vehicular access easement or tract (ingress/egress and utilities easement) may be
permitted subject to the conditions established in the Ceity of Federal Way public works
development standards.
(2) If the vehicular access easement or tract does not have adequate width for the installation
of the improvements required by this chapter, the public works director shall determine the
nature and extent of the improvements to be installed in the vehicular access easement or tract on
a case-by-case basis.
or asphalt surface at least 20 feet in width. Pervious paving techniques may be used on private
roads where feasible, as authorized by the public works director and in accordance with FWRC
Title 16, Surface Water Management.
(3) Streetlights are required at the intersection of a vehicular access easement or tract and a
right-of-way, but not at any other location within the vehicular access easement or tract, unless
specifically required by the public works director.
(4) Notwithstanding any other provision in this chapter, vehicular access easements and
tracts must comply with applicable standards of the serving fire district.
Ordinance No. 18-844 Page 25 of 40
Section 13. FWRC 19.135.130 is hereby amended to read as follows:
19.135.130 Construction standards and specifications.
(1) Generally. The public works director shall prepare and make available for distribution
administrative standards and specifications for right-of-way construction and construction of
ingress/egress and utilities easements and alleys based on current and generally accepted
engineering practices. The standards shall include specifications and/or drawings for rights-of-
way cross-sections, safety railings and guardrails, appurtenances within the street, surfacing
requirements, illumination, trench backfill and restoration, drainage, utilities, construction
materials, survey monuments and other related construction elements.
(2) Current standards. The construction standards specified in the current edition of the
Federal Way Development Standards administered by the Department of Public Workscounty
road standards will apply, except where indicated otherwise in FWRC 19.135.140 through
19.135.250. Where there arc conflicts, the FWRC shall supersede King County standards. Where
no city standards exist to address a road situation, the King County Road Standards shall apply.
(3) Enforcement. The standards and specifications adopted or incorporated under this section
shall have the full force as if set forth in this title.
Ordinance No. 18-844 Page 26 of 40
Section 14. Chapter 19.195 FWRC is hereby amended to add section 19.195.080 to read as follows:
lations and notes set forth in this secti
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Chapter 19.70 FWRC respectively.
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USE ZONE CHART
DIRECTIONS: FIRST, read down to find use. THEN, across for REGULATIONS.
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1. Minimum lot size per dwelling unit is as follows:
a. In RS 35.0 zones, the minimum lot size is 35,000 sq. ft.
b. In RS 15.0 zones, the minimum lot size is 15,000 sq. ft.
c. In RS 9.6 zones, the minimum lot size is 9,600 sq. ft.
d. In RS 7.2 zones, the minimum lot size is 7,200 sq. ft.
e. In RS 5.0 zones, the minimum lot size is 5,000 sq. ft.
2. With the exception of CHDs, not more than one dwelling unit may be located
on the subject property regardless of the size of the subject property.
3. Side yard setback is 5 ft. for a comer lot side yard for that portion of the lot
net -adjacent to the street is 10 ft.
4. Chapter 19.265 FWRC contains regulations regarding home occupations and
other accessories, facilities and activities associated with this use.
5. Refer to Chapter 19.265 FWRC to determine what other provisions of this title
may apply to the subject property.
6. Maximum lot coverage is as follows:
a. In RS 35.0 = 50%.
b. In RS 15.0 = 50%.
c. In RS 9.6 = 60%.
d. In RS 7.2=60%.
e. In RS 5.0 = 60%.
f. See FWRC 19.110.020(2)(b) for calculation of lot coverage for flag lots.
7. CHDs are allowed in the RS 7.2 and 5.0 zoning classifications.
8. CHDs are permitted as a subdivision or short subdivision with each dwelling
unit on its own lot of record, or as a condominium development with all dwelling
units owned separately but on an individual lot of record.
9. See Chapter 19.250 FWRC for full range of development regulations
applicable to CHDs. If provisions of this use zone chart conflict with provisions
of Chapter 19.250 FWRC, the provisions of Chapter 19.250 FWRC shall control.
10. Refer to Chapter 19.125, Outdoors, Yards, and Landscaping, for appropriate
requirements.
11. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
12. For provisions that relate to the keeping of animals, see
Chapter 19.260 FWRC.
SPECIAL REG
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Ordinance No. 18-844
Section 16. Chapter 19.215 FWRC is hereby amended to add section 19.215.015 to read as follows:
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Ordinance No. 18-844
• REGULATIONS.
ECIAL REGULATIONS AND NOTES
1. If approved by the Director of Community Development, the height of a structure
may exceed 35 ft. above average building elevation (AABE), to a maximum of 55 ft.
AABE, which shall not exceed four floors for new structures, if all of the followin.
criteria are met:
(a) The additional height is necessary to accommodate the structural, equipment
or operational needs of the use conducted in the building, and/or all ground floor
spaces have a minimum floor -to -ceiling height of 13 ft. and a minimum depth of 15
ft. .
(b) Height complies with note 2, below.
(c) Height over 35 ft. is set back from non-residential zones by one ft. for each
one ft. of height over 35 ft. with a 20 foot yard setback at 55 ft. height; and
(d) Roof lines are designed to avoid a predominantly flat and featureless
appearance through variations in roof height, forms, angles, and materials.
2. Building height may not exceed 30 ft. AABE for new structures when located
within 100 ft. of a residential zone.
3. Outdoor use, activity, and storage are regulated by FWRC 19.125.170.
4. No maximum lot coverage is established. Instead, the buildable area will be
determined by other site development requirements, e.g., required buffers, parking lot
landscaping, surface water facilities, etc.
5. For community design guidelines that apply to the project, see Chapter 19.115
FWRC.
6. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
7. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
8. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter
may apply to the subject property and the project.
For other information about parking and parking areas, see Chapter 19.130 FWRC.
For details of what may exceed this height limit, see FWRC 19.1 10.050 et seq.
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Ordinance No. 18-844
Section 17. Chapter 19.220 FWRC is hereby amended to add sections 19.220.015 and 19.220.115 to read as follows:
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Ordinance No. 18-844
ATIONS.
SPECIAL REGULATIONS ANI) NOTES
1. If approved by the Director of Community Development, the height of a structure
may exceed 35 ft. above average building elevation (AABE), to a maximum of 55 ft.
AABE, which shall not exceed four floors for new structures, if all of the following
criteria are met:
(a) The additional height is necessary to accommodate the structural, equipment, or
operational needs of the use conducted in the building, and/or all ground floor spaces
have a minimum floor -to -ceiling height of 13 ft. and a minimum depth of 15 ft. -
(b) Height complies with note 2, below.
(c) Height over 35 ft. is set back from non-residential zones by one ft. for each one ft.
of height over 35 ft. with a 20 foot yard setback at 55 ft. height; and
(d) Roof lines are designed to avoid a predominantly flat and featureless appearance
through variations in roof height, forms, angles, and materials.
2. Building height may not exceed 30 ft. AABE when located within 100 ft. of a
residential zone.
3. Outdoor use, activity, and storage are regulated by FWRC 19.125.170.
4. No maximum lot coverage is established. Instead, the buildable area will be
determined by other site development requirements, e.g., required buffers, parking lot
landscaping, surface water facilities, etc.
5. For community design guidelines that apply to the proiect, see Chapter 19.115 FWRC.
6. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
7. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
8. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter
may apply to the subject property and the project.
For other information about parking and parking areas, see Chapter 19.130 FWRC.
Fnr Aetailc of what max/ Pr PPP(' this hriaht limit CPP FWRC 1Q 1 111 till Pt ern
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Chapter 19.60 FWRC.
Chapter 19.65 FWRC
Chapter 19.70 FWRC respectively.
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Ordinance No. 18-844
EGULATIONS.
SPECIAL Kt UL,A11U1NS AND NOTES
1. If approved through process III, the height of a structure may exceed 35 ft.
above average building elevation. if all of the following criteria are met:
a. The subject property does not adjoin a residential zone; and
b. Each required yard abutting the structure is increased one ft. for each one ft.
the structure exceeds 35 ft. above average building elevation; and
c. The increased height will not block views designated by the comprehensive
plan; and
d. The increased height is consistent with goals and policies for the area of the
subject property as established by the comprehensive plan.
2. If any portion of a structure on the subject property is within 100 ft. of a
residential zone. then that portion of the structure shall not exceed 30 ft. above
average building elevation and the structure shall be set back a minimum of 20 ft.
from the property line of the residential zone.
3. May be permitted only if locating this use in the immediate area of the subiect
property is necessary to permit effective service to the area to be served.
4. No maximum lot coverage is established. Instead. the buildable area will be
determined by other site development requirements. i.e., required buffers. parking
lot landscaping. surface water facilities. etc.
5. For community design guidelines that apply to the project, see Chapter 19.115
FWRC.
6. For landscaping requirements that apply to the project. see Chapter 19.125
FWRC.
7. For sign requirements that apply to the project. see Chapter 19.140 FWRC.
8. Refer to Chapter 19.265 FWRC to determine what other provisions of this
chapter mayapply to the subject property.
For other information about parking and parking areas. see Chapter 19.130 FWRC.
Fnr details of what may exceed thic heioht limit see FWRC 19 1111 OSO et sen
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Ordinance No. 18-844
Section 18. Chapter 19.225 FWRC is hereby amended to add section 19.225.015 to read as follows:
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Page 33 of 40
Ordinance No. 18-844
Section 19. Chapter 19.230 FWRC is hereby amended by adding section 19.230.015 to read as follows:
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Page 34 of 40
Ordinance No. 18-844
Dr REGULATIONS.
SPECIAL REGULATIONS AND NOTES
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Page 34 of 40
Ordinance No. 18-844
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Ordinance No. 18-844
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Page 37 of 40
Ordinance No. 18-844
Section 21. 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 22. 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 23. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 24. 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 6th day of March, 2018.
[Signature Page Follows]
Ordinance No. 18-844 Page 39 of 40
ATTEST:
ANIE COURTNEY, C
APPROVED AS TO FORM:
arz a,Ce_
CITY OF FEDERAL WAY:
ITY CLERK
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 02/14/2018
PASSED BY THE CITY COUNCIL: 03/06/2018
PUBLISHED: 03/09/2018
EFFECTIVE DATE: 03/14/2018
ORDINANCE NO.: 18-844
Ordinance No. 18-844 Page 40 of 40