Planning Commission PKT 03-21-2018City of Federal Way
PLANNING COMMISSION
March 21, 2018 City Hall
6:30 p.m. Council Chambers
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
March 7, 2018
4. AUDIENCE COMMENT — UNRELATED TO COMMISSION BUSINESS
5. ADMINISTRATIVE REPORT
6. COMMISSION BUSINESS
• Continued Discussion on the Docket Process and Possible Code
Amendments to Implement—Announcement of Public Hearing
• Discussion on Self -Storage Moratorium and Beginning Efforts to Address
Council Requests
7. ADDITIONAL BUSINESS
8. ADJOURN
Commissioners
Wayne Carlson, Chair
Tom Medhurst
Lawson Bronson, Vice -Chair
Hope Elder
Dawn Meader McCausland
Tim O Neil
Diana Noble-Gulliford
Anthony Murrietta, Alternate
Dale Couture, Alternate
KAPIanning Commission\2018\Agenda\Agenda 03-21-18.doc
City Staff
Robert "Doc" Hansen, Planning Manager
Margaret Clark, Principal Planner
E Tina Piety, Administrative Assistant
253-835-2601
www.ci(yoffederalway.com
CITY OF FEDERAL WAY
PLANNING COMMISSION
March 7, 2018 City Hall
6:30 p.m. City Council Chambers
MEETING MINUTES
Commissioners present: Wayne Carlson, Lawson Bronson, Tom Medhurst, Hope Elder, Diana Noble-
Gulliford, Tim O'Neil, Anthony Murrietta, and Dale Couture. Commissioners absent: Dawn Meader
McCausland (ex). City Staff present: Planning Manager Robert "Doc" Hansen, Principal Planner
Margaret Clark, Senior Planner Dave Van De Weghe, Deputy City Attorney Mark Orthmann, and
Administrative Assistant Tina Piety.
CALL TO ORDER
Chair Carlson called the meeting to order at 6:30 P.M.
APPROVAL OF MINUTES
The minutes of February 21, 2018, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Planning Manager Hansen commented that he has enough items to keep the Commission busy for the
entire year. He asked Commissioners to provide him with any dates they know they will not be available
during the coming year. He anticipates discussing self -storage units at the next meeting and holding a
hearing for the proposed docket process amendments on April 41h.
COMMISSION BUSINESS
Historic Preservation Inter -Local Agreement and Timeline for Completion
Senior Planner Van De Weghe delivered the staff presentation. This is for informational purposes. Now
that the City has been added to King County's ordinance on historical preservation, the City needs to
adopt an interlocal with King County to start the process (anticipate adoption in April). The City will
appoint a Landmarks Commission member to the King County Landmarks Commission. This
Commissioner will be appointed using the City's process (position will be advertised and the City
Council will hold interviews and select the Commissioner). He commented that the City Council and
King County have implemented the Federal Way specific regulations as recommended by the Planning
Commission. (One in specific is that no property may be nominated as an historic landmark without the
property owner's consent.) The City will collect the application fee and will send the application to King
County for determination and oversight of Federal Way's historical landmarks program.
KAPlanning Commission\2016Weeting Summary 03-07-18.doc
Planning Commission Minutes Page 2 March 7, 2018
Continued Discussion on the Docket Process
Planning Manager Hansen delivered the staff presentation. He went over each of the proposed
amendments. He noted that some of them are for clarification purposes and are not necessarily needed for
the docket process. He stated that the amendments that state that proposals will be, "...determine through
Council business in March of each year," will be changed to state "...during the first quarter." Discussion
was held regarding the noticing for the proposed informational meeting. Commissioner Noble-Gulliford
expressed concern that most citizens will not know what is meant by Title 19 and encouraged staff to
include language in the notice that will make the topic more understandable to everyone. Chair Carlson
and Vice -Chair Bronson suggested the words "and evaluation" be added to the end of the sentence at
19.80.080(1). Staff requested Commissioners review the proposed amendments to ascertain that all of the
Commissioners' concerns are addressed.
ADDITIONAL BUSINESS
None
ADJOURN
The meeting adjourned at 7:10 P.M.
KAPIanning Commission\2016Weeting Summary 03-07-18.doc
Draft Proposed Code Amendments for Amended Docket Procedure
19.80.030 Docket.
The department shall maintain a docket of all proposals to amend the comprehensive plan or development
regulations submitted by any interested persons, the mayor, department of community development, planning
commission, or city council.
19.80.040 Compliance with State Environmental Policy Act.
The State Environmental Policy Act applies to some of the decisions that will be made using this chapter. The
director shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act
and with state regulations and city ordinances issued under authority of the State Environmental Policy Act.
(Ord. No. 09-594, § 134, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-519.)
19.80.050 City council review.
(1) Docketed proposals. The city council shall review docketed proposals concurrently, on an annual basis and
consistent with RCW 36.70A.130(2). As part of such annual review, the council shall review docketed
proposals received prior to September 30th of the previous calendar year-, and determine through council
business in the first quarter of each year, those items to be heard by the planning commission for annual
docket. Docketed proposals submitted after September 30th shall be considered during the following annual
review.
(2) Other amendments. The city -initiated amendments of the comprehensive plan shall be reviewed
concurrently with docketed proposals. The city council may also review or amend the comprehensive plan:
(a) If an emergency exists, which is defined as an issue of community -wide significance that promotes
the public health, safety, and general welfare,-
(b)
elfare;
(b) To resolve an appeal of a comprehensive plan filed with a growth management hearings board or
with the court;
Draft Proposed Amendments to FWRC 19.80 for Docket Process
March 21, 2018
(c) To adopt or amend a shoreline master program under the procedures set forth in Chapter 90.58 RCW;
(d) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and
designations applicable to the subarea;
(e) The amendment of the capital facilities element of the comprehensive plan that occurs concurrently
with the adoption or amendment of the city budget. The city council will hold the public hearing on this
matter rather than the planning commission; and
(f) In other circumstances as provided for by RCW 36.70A.130(2)(a).
The city council may review city -initiated changes to development regulations or to the city's zoning map
concurrently with the docketed proposals or at the council's discretion.
(3) Additional information. The city council may request, through the mayor, that the department or any other
department of the city provide any information or material on a proposal(s), consistent with FWRC 19.80.160.
19.80.070 Application.
(1) Who may apply. Any person may, personally or through an agent, apply for a site-specific comprehensive
plan designation change with respect to property he or she owns. In addition, the mayor, department of
community development, planning commission, city council, or any person may, personally or through an
agent, request amendments to the comprehensive plan or development regulations.
(2) How to apply. AR applisaaf A person or private party seeking a change in comprehensive plan designation
and/or zoning for a specific parcel, or a change to the development regulations must complete an application
form prepared by the city. An applicant
spesifis paFGel shall also file the information specified in FWRC 19.15.035 with the department.
(3) The director shall have the authority to waive any of the requirements of this section if, in the director's
discretion, such information is not relevant or would not be useful to consideration of the proposed amendment
(4) Fee. There is no fee for this initial appliGatiOR. After the PFiE)FitiZatieR PFGGess, appliGatieRS te be GGRsider
during the amendment ^ OGess shall sao-mmitthe foo established by +h_ Gity. Fees for prioritizing docketed
proposals, amending development regulations, and amending the comprehensive plan are set forth in the fee
schedule.
Draft Proposed Amendments to FWRC 19.80 for Docket Process
March 21, 2018 2
19.80.080 Prioritizing docketed proposals.
(1) Within a city council meeting held in the
first quarter of each year -the city council will select those docketed proposals it
wishes to further consider for adoption and for staff to resear further research.
(2) The city council s4a4l-may consider the following criteria in selecting the docketed
proposals to be considered during the upcoming cycle:
(a) Whether the same area or issue was studied during the last amendment process and _ _ conditions
have significantly changed so as to make the requested change within the public interest.
(b) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan.
(c) Whether the proposed amendment meets existing state and local laws, including the Growth
Management Act.
(d) In the case of text amendments or other amendments to goals and policies, whether the request
benefits the city as a whole versus a selected group.
(3) If the request meets the criteria set forth in subsections (2)(a) through (d) of this section, it shaWMay be
further evaluated according to the following criteria:
(a) Whether the proposed amendment can be incorporated into planned or active projects.
(b) Amount of analysis necessary to reach a recommendation on the request. If a large scale study is
required, a request may have to be delayed until the following year due to work loads, staffing levels,
ets.
(c) Volume of requests received. A large volume of requests may necessitate that some requests be
reviewed in a subsequent year.
(d) The 9. rder of -at which the requests was received.
(4) Based on its review of the docketed proposals according to the criteria in subsections (2) and (3) of this
section, the council shall determine which docketed proposals shalt _ _ be further considered for adoption, and
Draft Proposed Amendments to FWRC 19.80 for Docket Process
March 21, 2018
shall forward those requests to the planning commission for its review through public hearing and to make
recommendation to the council.
(5) The council's decision to consider a docketed proposal shall not constitute a decision or recommendation
that the proposal should be adopted nor does it preclude later council action to add or delete an amendment for
consideration.
19.80.090 Preapplications required.
All applicants seeking an amendment to comprehensive land use designations of the official comprehensive
plan map (site-specific requests) must apply for a preapplication conference with the city's development review
committee (GDRC).
19.80.140 Factors to be considered in a comprehensive plan amendment.
The city may consider, but is not limited to, the following factors when considering a proposed amendment to
the comprehensive plan:
(1) The effect upon the physical environment.
(2) The effect on open space, streams, and lakes.
(3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods.
(4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks,
recreation, and schools.
(5) The benefit to the neighborhood, city, and region.
(6) The quantity and location of land planned for the proposed land use type and density and the demand for
such land.
(7) The current and projected population density in the area.
(8) The effect upon other aspects of the comprehensive plan.
Draft Proposed Amendments to FWRC 19.80 for Docket Process
March 21, 2018
In order to encourage efficient and desired development and redevelopment of existing land designated and
zoned for various types of commercial uses, when considering proposals for comprehensive plan amendments
and rezones from one commercial designation to another, the city will consider development trends in
commercially zones areas, market demand for various types of commercial land, and amount of vacant
commercial land.
For site-specific comprehensive plan amendments or rezones, the following provisions
shall also apply.
1) The proposed comprehensive plan amendment is appropriate because either
(a) Conditions in the immediate vicinity of the subject property have so significantly changed
since the property was given its present zoning that under those changed conditions a rezone
is within the public interest; or
(b) The rezone will correct a zone classification or zone boundary that was inappropriate when
established.
2) It is consistent with the goals and policies of the comprehensive plan; and
3) It is constent with all applicable provisions of FWRC Title 19.
19.80.160 Official file.
(1) Contents. The director shall compile an official file containing all information and materials relevant to t#e
any proposal to amend the comprehensive plan or development regulations and to the city's consideration of
t#e such proposal.
(2) Availability. The official file is a public record. It is available for inspection and copying in the department of
community development during regular business hours.
19.80.170 Notice.
Notice provisions under this section shall be fellewed observed for
the public meeting and the hearing held by the
Draft Proposed Amendments to FWRC 19.80 for Docket Process
March 21, 2018
planning commission. These notices, as well as other required notices related to the proposal, may be done
concurrently.
(1) Contents. The director shall prepare a notice of each proposal, for which a public meeting or public hearing
will be held, containing the following information:
(a) The citation, if any, of the provision that would be changed by the proposal along with a brief
description of that provision.
(b) A statement of how the proposal would change the affected provision.
(c) A statement of what areas, comprehensive plan designations, zones, or locations will be directly
affected or changed by the proposal.
(d) The date, time, and place of the public meeting or hearing.
(e) A statement of the availability of the official file.
(f) A statement of the right of any person to submit written comments to the planning commission and to
appear at the public meeting or public hearing of the planning commission to give comments orally.
(2) Distribution. The director shall distribute this notice at least 14 calendar days before the public meeting and
at least 14 calendar days before the public hearing following the procedures of FWRC 19.80.060. In addition,
the procedures of FWRC 19.75.060 shall be followed for site-specific requests regarding notification of adjacent
property owners posting of the site.
(Ord. No. 09-594, § 141, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-532.)
19.80.180 Staff report.
(1) General. The director shall prepare a staff report for the planning commission containing:
(a) An analysis of the proposal and a recommendation on the proposal; and
(b) Any other information the director determines is necessary for consideration of the proposal,
consistent with FWRC 19.80.110, 19.80.130, 19.80.140, and 19.80.150. For site-specific comprehensive
plan amendments, the provisions of FWRC 19.75.130(3) shall also apply.
Draft Proposed Amendments to FWRC 19.80 for Docket Process
March 21. 2018
(2) Distribution. The director shall distribute the staff report as follows:
(a) A copy will be sent to each member of the planning commission prior to the hearing.
(b) A copy will be sent promptly to any person requesting it.
19.80.190 Public hearing and Public Meeting.
(1) Generally. The planning commission shall hold public hearings and public meeting on each proposal,
consistent with FWRC 19.80.200, unless the city council elects to hold its own hearings on the proposal, in
which case planning commission review pursuant to this chapter shall not be required. The planning
commission will hold its hearing for the docket items in the fourth quarter of each year.
(2) Public Meeting. For purposes of allowing public discussion before a public hearing the Planning
Commission
(2) Open to public. The hearings of the planning commission are open to the public.
(3) Pursuant to FWRC 19.85.150, when a development agreement and plan have been prepared, the city
council shall hold a public hearing.
(4) Effect. Except as provided in subsection (1) of this section, the hearing of the planning commission is the
hearing for city council. City council need not hold another hearing on the proposal.
(Ord. No. 09-594, § 143, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-534.)
19.80.230 Continuation of the hearing.
The planning commission may, for any reason, continue the hearing on the proposal. If, during the hearing, the
planning commission announces the time and place of the next public hearing on the proposal and a notice
thereof is posted on the door of the hearing room, no further notice of that hearing need be given.
(2) Modification of proposal. The planning commission may modify the proposal in any way and to any degree
prior to recommending the proposal to city council for adoption.
A proposal is not fundamentally modified if:
Draft Proposed Amendments to FWRC 19.80 for Docket Process
March 21. 2018
(a) An environmental impact statement has been prepared under Chapter 43.21 C RCW for the proposal
and the proposed change is within the range of alternatives considered in the environmental impact
statement;
(b) The proposed change is within the scope of the alternatives available for public comment; or
(c) The proposed change only corrects typographical errors, corrects cross-references, makes address
or name changes, or clarifies language of a proposal without changing its effect.
19.80.260 City council action.
(1) General. Within 90 days of receipt of the planning commission report by the mayor, the city council shall
consider the proposal along with a draft ordinance prepared by the city attorney.
(2) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria listed in
the provisions of this title describing the proposal.
(3) City council action. After consideration of the planning commission report and, at its discretion, holding its
own public hearing on the proposal, the city council shall by majority vote of its total membership:
(a) Approve the proposal by adopting an appropriate ordinance;
(b) Modify and approve the proposal by adopting an appropriate ordinance. If the council chooses to
modify an amendment to the comprehensive plan or a development regulation, and the change is
proposed after the opportunity for review and comment has passed, an opportunity for review and
comment on the proposed change shall be provided before council on the proposed change unless.-
(i)
nless:
(i) An environmental impact statement has been prepared for the pending resolution or ordinance
and the proposed change is within the range of alternatives considered in the environmental
impact statement;
(ii) The proposed change is within the scope of the alternatives available for public comment;
(iii) The proposed change only corrects typographical errors, corrects cross-references, makes
address or name changes, or clarifies language of a proposed ordinance or resolution without
changing its effect;
Draft Proposed Amendments to FWRC 19.80 for Docket Process
March 21.2018
(iv) The proposed change is to a resolution or ordinance making a capital budget decision that is
consistent with the comprehensive plan; or
(v) The proposed change is to a resolution or ordinance enacting a moratorium or interim control
and the council schedules a public hearing on the adopted moratorium or interim control within at
least 60 days of its adoption, and the council adopts findings of fact before or immediately after this
public hearing;
(c) Disapprove the proposal by resolution; or
(d) Refer the proposal back to the planning commission for further proceedings. If this occurs, the city
council shall specify reasons for the request for consideration and the new, previously unprovided
information which creates the need for further review. the t?rne : 4h;^ which thela i
p..,,
(e) If the city council determines that a development agreement should be prepared for a site-specific
request, the city council shall recommend further analysis based on Chapter 19.85 FWRC, Development
Agreements.
19.80.270 Transmittal to state.
At least 60 days prior to final action being taken by the city council,
the State
Department of Commerce and other interested affected local and
state agencies, the county and surrounding jurisdictions shall be provided with a copy of the proposed
amendments during the public review period in order to initiate the 60 -day comment period per RCW
36.70A.106. All other parties previously notified shall be again notified that the draft amendments of the
comprehensive plan are available on request on a cost recovery basis.
No later than 10 days after adoption of the comprehensive plan, a copy of the adopted comprehensive plan
shall be forwarded to 9GB the Department of Commerce and others who submitted written comments on the
draft comprehensive plan.
Draft Proposed Amendments to FWRC 19.80 for Docket Process
March 21. 2018
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
3/21/2018
TO:
Planning Commission
FROM:
Doc Hansen, Planning Manager
Dave Van De Weghe, Senior Planner
SUBJECT:
Self -Storage Moratorium
BACKGROUND
From 2016 to 2017, the city received 10 proposals for new self -storage facilities. If all the proposed
facilities are completed, the number of self -storage businesses in the city will double. And the number of
storage units per capita would triple by 2020, far outpacing projected population growth.
On September 5, 2017, City Council adopted a moratorium on new self -storage facilities in response to
the recent influx of applications. Council directed staff to study the local growth of self -storage business
and review development regulations to ensure they meet the intent of the Comprehensive Plan.
It has been brought to the staff's attention that the number of storage units within an area relates to the
amount of available storage square footage per household. Research shows that the amount of storage
space is not reaching a saturation point until there is 11 to 12 sq. ft. of storage space per household in a
three mile radius from a given storage site. In 2016, Federal Way's number was approximately six sq. ft.
per household, thereby explaining the rapid increase in self -storage activity.
Staff is looking at potential code amendments to ensure self -storage businesses locate in appropriate
areas, are held to higher design standards than currently required, are compatible with surrounding
environments and meeting design objectives and policies of the Comprehensive Plan..
CURRENT STANDARDS
Federal Way Revised Code (FWRC) defines self-service storage facilities as "a structure or group of
structures for the storage of personal property where individual stalls or lockers are rented out to different
tenants for storage" (FWRC 19.05.190). Self -storage facilities are permitted via Use Process II and III
(administrative approval) in three zoning districts:
Neighborhood Business (BN): "Intended to provide convenient goods (e.g., groceries and
hardware) and services (e.g., dry cleaners, dentist, bank) at a pedestrian and neighborhood scale
close to adjacent residential uses" (Federal Way Comprehensive Plan, 2015).
Community Business (BC): "Allows a broad mix of uses, including general, specialty, and
service retail; commercial; office; commercial/residential mixed-use; and supportive uses. This
designation envisions mid -rise (three to seven stories), high quality developments containing a
vibrant and compatible mix of well integrated and designed pedestrian -oriented and auto -oriented
uses" (Federal Way Comprehensive Plan, 2015).
• Commercial Enterprise (CE): "Primarily intended to capture the demand for a diverse mix of
industrial, office, and retail sales and services, arrayed in well integrated, high quality
developments. Housing is not contemplated for this designation" (Federal Way Comprehensive
Plan, 2015).
Self -storage businesses are large-scale and auto -centric; they can conflict with the stated purpose of the
BN zoning district. Self -storage often aligns more closely to the purposes of the BC and CE districts.
For self -storage facilities, FWRC currently requires building fagade modulation, entrances oriented
toward the right-of-way, pedestrian pathways, landscaping and Crime Prevention through Environmental
Design. Self -storage building height is limited to 35 ft. in the BN zone, and 55 ft. in the BC and CE
zones.
INITIAL STAFF RECOMMENDATIONS
Staff has examined self -storage regulations from other jurisdictions, both within and outside the Puget
Sound Region. The following code revisions should be considered in order to better meet land use goals
from the Federal Way Comprehensive Plan:
1. Examine the prohibition of self -storage in the Neighborhood Business (BN) zoning district.
2. Adopt the following design standards for self -storage in the Community Business (BC) and
Commercial Enterprise (CE) zoning districts:
a. Self-service storage facilities are permitted only within multistory structures designed to
emulate multifamily or office buildings.
b. The ground floor transparency requirements of the commercial districts design guidelines
shall also apply to each floor above the ground floor of a self-service storage facility
building that is visible from a street or from a residentially zoned area.
c. Roof Line Variation is required for any roof lines which exceed fifty (50) feet in length.
Roof line variation shall be achieved using one (1) or more of the following methods:
i. Vertical offset ridge line; or
ii. Horizontal offset ridge line; or
iii. Variations of roof pitch
d. The maximum building length is one hundred fifty (150) linear feet, regardless of
modulation, for any facade located within fifty (50) feet of and facing a residential zoned
property or designated major street.
e. All storage units shall gain access from the interior of the building(s) or site — no unit
doors may face the street or be visible from off the property.
f. Fencing: Low -maintenance material with articulation and/or prominent posts at intervals
no greater than twenty-five (25) feet. Chain link fencing is not permitted.
3. Possibly require Process IV (hearing examiner) review if more stringent design standards are not
adopted.
2
ATTACHMENTS
A. Projected self -storage units chart
B. Map of existing and proposed self -storage facilities in Federal Way
C. Tables of existing and proposed self -storage facilities in Federal Way
D. Applicable Comprehensive Plan policies
E. Ordinance 17-838 — 12 -month moratorium on self -storage facilities
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CITY OF FEDERAL WAY 2015 COMPREHENSIVE PLAN
POLICIES RELATED TO SELF -STORAGE MORATORIUM
LAND USE POLICIES
LUP3 Use design guidelines and performance standards to create attractive and desirable commercial,
office and commercial/residential mixed-use developments.
LUP 9 Support a diverse community comprised of neighborhoods that provide a range of housing
options; a vibrant City Center; well designed and functioning mixed-use, commercial and office areas;
and distinctive neighborhood retail areas.
LUP 14 Protect residential areas from impacts of adjacent non-residential uses
LUP 24 Provide employment and business opportunities by allocating adequate land for commercial,
office, and industrial development.
LUP 39 Encourage transformation of the Pacific Highway (SR -99) Community Business corridors into
quality retail/commercial mixed use areas, designed to integrate auto, pedestrian, and transit
circulation, and to improve traffic flow and safety, including access control and off-street
interconnectivity between adjoining properties where feasible. Continue to utilize Community Design
Guidelines to ensure quality site and building design and functional and aesthetic compatibility between
uses. Integration of pedestrian amenities and open space into retail and office development should also
be encouraged.
LUP 43 Encourage neighborhood retail and personal services to locate at appropriate locations where
local economic demand and design solutions demonstrate compatibility with the neighborhood.
Moratorium Applicability:
• Self -storage facilities are inconsistent with mixed-use development.
• Self -storage facilities are inappropriate uses near residential development.
• The newest self -storage facilities serve a regional market. Businesses that serve local
neighborhoods are more appropriate (in BN and BC zones).
ECONOMIC DEVELOPMENT POLICIES
EDP2 Periodically monitor local and regional trends to be able to adjust plans, policies, and programs.
EDPS Promote the continued diversification and sustainability of the local economy and expand
employment opportunities for residents.
EDP6 Provide a better balance between housing and jobs by increasing the number of jobs within the
City relative to the number of households.
DV 8/17/2017
EDP7 Diversify the economic base by encouraging higher paying white collar and technical jobs while
preserving and enhancing the strong retail base.
EDP8 Promote the redevelopment of existing underdeveloped areas as a means to sustain the economy
and provide jobs.
EDP13 Support existing industrial employers and addition of new industrial employers that contribute to
the diversity of the City's employment base and support other industries in the City.
Moratorium Applicability:
• Self -storage facilities employ very few people relative to the vast amount of land they occupy.
• Retail and office uses (in BN and BC zones) and industrial uses (in CE zone) would generate more
jobs with better wages.
NATURAL ENVIRONMENT POLICIES
NEP20 The City should establish land use and building controls to use stormwater infiltration such as low
impact development and green stormwater infrastructure techniques wherever feasible, and to
minimize the amount of impervious surface created by development.
Moratorium Applicability:
• Self -storage facilities are typically large developments, adding considerable impervious surface
area.
DV 8/17/2017
ORDINANCE NO. 17-838
AN ORDINANCE of the City of Federal Way, Washington, imposing a
12 -month moratorium on the expansion or creation of self-service
storage facilities, including without limitation the City's acceptance,
processing, and approval of land use and building permit applications in
the Neighborhood Business, Community Business, and Commercial
Enterprise zoning districts within the City, setting forth preliminary
supportive findings, amending the Planning Commission Work
Program, setting a date for a public hearing, establishing a work plan;
declaring an emergency, and providing for an immediate effective date.
WHEREAS, the Neighborhood Business ("BN"), Community Business (`BC"), and
Commercial Enterprise ("CE") zoning districts allow the development and operation of self-service
storage facilities; and
WHEREAS, applications for (and interest in) the development of self-service storage
facilities within the past year would almost triple the number of existing self -storage units; and
WHEREAS, Council desires to review the potential impact of this rapid influx of self -storage
units upon the City of Federal Way, and to review the existing development regulations related to
self-service storage facilities to determine whether current zoning and development regulations are
adequate to implement the vision, goals, and policies within the adopted Comprehensive Plan; and
WHEREAS, the City desires to maintain the status quo while these development regulations
are reviewed; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City Council to adopt a
moratorium for a period of up to 12 months without notice and public hearing provided that the City
holds a public hearing within 60 days after the adoption of this Ordinance and establish a work plan
for related studies; and
WHEREAS, the adoption of this moratorium is exempt from the requirements of a threshold
Ordinance No. 17-838 Page 1 of 5
determination under the State Environmental Policy Act; and
WHEREAS, the desire to maintain the status quo and the potential adverse impacts on the
public health, property, safety and welfare of the City and its citizens if this Ordinance does not take
effect immediately, justify the declaration of an emergency and the designation of this ordinance as a
public emergency ordinance necessary for the protection of public health, public safety, public
property, or the public peace by the City Council; and
WHEREAS, Council finds that the enactment of this Ordinance constitutes an emergency due
to the need to immediately prevent the community detriment that would occur by allowing further
self-service storage facility development proposals to vest under the current land use regulations; and
WHEREAS, Council finds that conditions exist to warrant a finding of a state of emergency
in order to have the moratorium take effect immediately upon a single reading and passage of this
ordinance; and
WHEREAS, RCW 35A.12.130 permits an ordinance to become effective immediately but
requires that it must be passed by a majority plus one of the whole membership of the Council to
have such an effect.
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 of fact:
(a) The forgoing whereas provisions are adopted as findings of fact.
(b) Federal Way Revised Code Section 19.05.190 sets forth the definition of a self-
service storage facility.
Ordinance No. 17-838 Page 2 of 5
(c) The number of self-service storage units within the City of Federal Way currently
equals 4,731 or 0.13 units per household.
(d) Within the past year, applications for creation of new self-service storage facilities
and pre -applications for development of self-service storage facilities have increased dramatically.
(e) The number of self-service storage facility units could increase by close to two
hundred percent (200%) to almost 14,000 units, or 0.37 units per household, based on the
applications and pre -applications received by the City.
(f) Such facilities may be providing service to non-residents who pay no charge to the
City for provision of protective services.
(g) The potential rapid establishment of such facilities may not fulfill the vision, goals,
and policies of the Comprehensive Plan adopted by the City.
(h) A moratorium is necessary to provide the City with sufficient time to review
development regulations and design guidelines for self-service storage facilities to ensure that they
meet the intent of the Comprehensive Plan.
(i) A moratorium is necessary to preserve the status quo while the City reviews these
regulations.
Section 2. Moratorium Established. A temporary development moratorium is hereby imposed
upon self-service storage facilities throughout the City's BN, BC, and CE zones. No expansion of a
current self-service storage facility use or creation of a new self-service storage facility use shall be
allowed in the BN, BC, and CE zones for the duration of this moratorium; however, nothing herein
shall be construed as applying to or otherwise interfering with, in contravention of state law, any
vested rights that have accrued from specific, complete project permit applications that were
Ordinance No. 17-838 Page 3 of 5
submitted to the City prior to the effective date of this moratorium. This moratorium also applies to
the City's acceptance, processing, or approval of any applications for building permits and land use
permits, including without limitation, development permits, special use permits, variances, and other
development permits or approvals for self-service storage facilities in the BN, BC, and CE zones
received after the effective date of this moratorium.
Section 3. Duration of Moratorium. This moratorium shall be in effect for 12 months from
the effective date of this ordinance.
Section 4. Public Hearing. A public hearing for this moratorium will be held on October 17,
2017, at the regularly scheduled City Council Meeting.
Section 5. Work Plan. Staff is directed to develop a work plan for studies related to this
moratorium and potential amendments to the Federal Way Revised Code.
Section 6. Planning Commission Work Program. The Planning Commission Work Program
is amended to add code amendments related to self-service storage facilities within the BN, BC, and
CE zones.
Section 7. 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 8. 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
Ordinance No. 17-838 Page 4 of 5
references thereto.
Section 9. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 10. Effective Date. The Council finds that this moratorium is for a public emergency,
necessary for the protection of public health, public safety, public property, or the public peace, and
for the immediate support of City government, and is not subject to initiative or referendum pursuant
to Chapter 1.30 FWRC. This ordinance shall take effect and be in full force immediately upon
adoption.
PASSED by the City Council of the City of Federal Way this 5th day of September, 2017.
CITY OF FEDERAL WAY:
r—
M ER ELL, MAYOR
ATTEST:
IL'duutall 0
ST2MhNIE COURTNEY, CM C TY CLERK
APPROVED AS TO FORM:
N UP "-..0-, a
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 09/05/2017
PASSED BY THE CITY COUNCIL: 09/05/2017
PUBLISHED: 09/08/2017
EFFECTIVE DATE: 09/05/2017
ORDINANCE NO.: 17-838
Ordinance No. 17-838 Page 5 of 5