ORD 18-852 - Relating to Docket Process (Annual Comp Plan & Development Regulations)ORDINANCE 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