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ORD 18-852ORDINANCE NO. 18-852 AN ORDINANCE of the City of Federal Way, Washington, relating to the annual Comprehensive Plan and development regulation amendment procedure; and amending FWRC 19.80.050, 19.80.070, 19.80.080, 19.80.090, 19.80.170, 19.80.180, 19.80.260, and 19.80.270. (Amending Ordinance Nos. 11-684, 10-669, 09-594, 02-426, and 99-337) 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 amend the process for amending the Comprehensive Plan and development regulations; and WHEREAS, the existing amendment process for the review of the Comprehensive Plan and development regulations, known as the annual docketing procedure per WAC 365-196-640, is ongoing and continuous; and WHEREAS, interested parties submit applications requesting amendments to the Comprehensive Plan and development regulations throughout each year; and WHEREAS, under the existing process, the City Council holds a public hearing to determine and prioritize which requested amendments will be considered during the annual docketing procedure; and Ordinance No. 18-852 Page 1 of 12 WHEREAS, this prioritization process does not require a public hearing under state law; and WHEREAS, holding a public hearing to determine and prioritize which requested amendments will be further researched and evaluated by staff (for consideration by the City Council) requires significant staff resources; and WHEREAS, replacing the public hearing to prioritize requested amendments with a regular or special City Council meeting will not reduce the number of opportunities for the public to participate in the docketing and amendment process; and WHEREAS, these amendments clarify and streamline the process to provide greater transparency for applicants and flexibility for staff charged with reviewing and evaluating proposed amendments; and WHEREAS, the Planning Commission discussed these code amendments at regularly scheduled open public meetings on January 17, February 7, February 21, March 7, and March 21, 2018; and WHEREAS, the action is exempt from SEPA per WAC 197-11.800(19)(a); and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on April 4, 2018; and forwarded a recommendation of approval; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these code amendments on May 7, 2018 and recommended adoption of the text amendments as recommended by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 18-852 Page 2 of 12 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 improving the process for future amendments to the City's Comprehensive Plan and implementing development regulations by allowing continuous public input to decide those items to be considered by Council in its annual docketing procedure without expending resources to prepare for a public hearing to determine which items will be further reviewed. (b) These code amendments comply with Title 36.70A RCW and Chapter 365-196 WAC, 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 FWRC. Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: Ordinance No. 18-852 Page 3 of 12 • LUG2 Develop an efficient and timely development review process based on a public/private partnership. • LUP4 Maximize efficiency of the development review process. • LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it reduces the amount of resources necessary to amend the Comprehensive Plan and development regulations by not requiring the City to prepare for a public hearing to determine which items proposed will be considered through its annual review of the Comprehensive Plan. (c) The elimination of the public hearing will not limit the number of opportunities for public input on amendments to the Comprehensive Plan and development regulations. (d) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it simplifies and clarifies the amendment process and provides staff greater flexibility to review and evaluate proposed amendments. Section 3. Chapter 19.80.050 of the Federal Way Revised Code is hereby amended to read as follows: (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 and prioritize docketed proposals received prior to September 30th of the previous calendar year according to FWRC 19.80.080. 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: Ordinance No. 18-852 Page 4 of 12 (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) To resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court; (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. Section 4. FWRC 19.80.070 is hereby amended to read as follows: (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, any person may, personally or through an agent, request amendments to the comprehensive plan or development regulations. Ordinance No. 18-852 Page 5 of 12 (2) How to apply. An applicant must complete an application form prepared by the city. An applicant seeking a change in comprehensive plan designation and zoning for a specific parcel 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. • - - - - - - - - - • The fees required under this chapter shall be as provided in the city's fee schedule in effect at the time of application. Section 5. FWRC 19.80.080 is hereby amended to read as follows: (1) After September 30th but pPrior to adopting any docketed proposals, the city council shall hold a public hearingcouncil meeting and will select those docketed proposals it wishes to further consider for adoption and for staff to research and evaluate further. (2) The city council shall consider the following criteria following a public hearing 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. Ordinance No. 18-852 Page 6 of 12 (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 shall 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, ete and other operational factors as determined by the director. (c) Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. (d) Order of requests 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 shall will be further considered for adoption, and shall forward those requests to the planning commission for its review and recommendation to 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. Section 6. FWRC 19.80.090 is hereby amended to read as follows: All applicants seeking an amendment to comprehensive land use designations of the official comprehensive plan (site-specific requests) must apply for a preapplication conference with the city's development review committee (SDRC). Ordinance No. 18-852 Page 7 of 12 Section 7. FWRC 19.80.170 is hereby amended to read as follows: Notice provisions under this section shall be followed for both the public hearing the city council meeting during which all the docketed proposals are reviewed and prioritized by the city council as well as the public hearings held by the planning commission and/or city council. (1) Contents. The director shall prepare a notice of each proposal, for which a 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 meeting or public 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 hearing of the planning commission and/or city council to give comments orally. (2) Distribution. The director shall distribute this notice at least 14 calendar days before the city council's docket prioritization meeting and all 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. Ordinance No. 18-852 Page 8 of 12 Section 8. FWRC 19.80.180 is hereby amended to read as follows: (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. (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. Section 9. FWRC 19.80.260 is hereby amended to read as follows: (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 Ordinance No. 18-852 Page 9 of 12 opportunity for review and comment on the proposed change shall be provided before council on the proposed change unless: (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; (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 the reasons the city council is referring the proposal back to the planning commission. - - . - - •- • - back to the city council on the proposal. Ordinance No. 18-852 Page 10 of 12 (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. Section 10. FWRC 19.80.270 is hereby amended to read as follows: At least 60 days prior to final action being taken by the city council, but not prior to the close of the planning commission public hear -jug and transmittal- of planning commission recommendation to the LUTC, the State Office of Community Development (OCD) Department of Commerce jurisdictions shall be provided with a copy of the amendments in order to initiate the 60 -day comment period per RCW 36.70A.106. - • - - - _ notified that the draft amendments of the cemprehcrzc plan arc 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 OCDthe State Department of Commerce and others who submitted written comments on the draft comprehensive plan. Section 11. 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 12. 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 Ordinance No. 18-852 Page 11 of 12 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 13. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 14. 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 5th day of June, 2018. CITY OF FEDERAL WAY: ATTEST: ‘042FE LL, MAYOR ANIE COURTNEY,C, CITY CLERK APPROVED AS TO FORM: 0.,e4 J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 05/09/2018 PASSED BY THE CITY COUNCIL: 06/05/2018 PUBLISHED: 06/08/2018 EFFECTIVE DATE: 06/13/2018 ORDINANCE NO.: 18-852 Ordinance No. 18-852 Page 12 of 12