2021-11-17 Planning Commission PacketCity of Federal Way
PLANNING COMMISSION
November 17, 2021, 6:30 p.m. City Council Chambers
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
a. Planning Commission Meeting of October 20, 2021
4. PUBLIC COMMENT
5. COMMISSION BUSINESS
a. Discussion of Proposed Code Amendments
6. STAFF BUSINESS
a. Manager’s Report
7. NEXT MEETING
a. December 1, 2021, 6:30 p.m.
8. ADJOURNMENT
Notice: Pursuant to Governor Inslee’s Proclamation 20-28, the Mayor and City Council encourage you to use
one of the following ways to participate in the meeting remotely if you are unable to attend in person.
• Join here https://cityoffederalway.zoom.us/j/92039948345?pwd=b3RBOGdQeUw5ZEFQSi8rblhlZ0hRQT09;
• Zoom meeting code 920 3994 8345 and passcode 431768
• Call in and listen to the live meeting 888-788-0099 or 253-215-8782
• Public Comment may be submitted via email here, or sign up to provide live comments here
City of Federal Way
PLANNING COMMISSION
October 20, 2021
6:30 p.m. via Zoom Videoconference
MEETING MINUTES
Commissioners present: Lawson Bronson, Tim O’Neil, Wayne Carlson, Diana Noble-Gulliford, Hope
Elder, Jae So, Eric Olsen, and Anna Patrick. Commissioners absent: Tom Medhurst (excused).
City Staff present: Director Brian Davis, Planning Manager Keith Niven, Senior Planner James Rogers,
Associate Planner Chaney Skadsen, City Attorney Kent van Alstyne, and Administration & Permit Center
Supervisor Kari Cimmer.
Call to Order
Chair Bronson called the meeting to order at 6:35 p.M.
MINUTES
The October 6, 2021, minutes were approved as presented.
PUBLIC COMMENT
None
COMMISSION BUSINESS
Planning Manager Niven presented information the master work program/schedule. Discussed outreach
ideas 2024 – 2044 vision of the City and details what work can we anticipate.
October 20 Commission meeting will discuss beginning stages to the periodic update of the Comprehensive
Plan. Looking over the next year and a half the work program, the anticipated tasks, and how involved the
planning commission would like to be. It is significant work.
Niven discussed the draft participation plan approved by the mayor includes an ad hoc committee to meet
monthly. Need to create a list of stakeholders and determine how to get their input. Staff suggests several
options: Putting together task forces (Climate, City Center, and South Station); Proposing a focal point of a
webpage and email address; also, Surveys, Open Houses, Pop Up events, Community Walks are outreach
avenues. Human Services and Diversity Commissions are interested in including chapters in the comp plan.
Perhaps having joint commission meetings so ideas and challenges can we discussed. Half day workshops
can be hosted and broken out into smaller groups. Staff can attend quarterly LUTC meeting to keep them
updated. SEPA will need to be done and will likely begin in later 2023. Planning Manager Niven shows
recommendations and fields questions from Commission.
Commissioner Noble-Gulliford, Commissioner Carlson, Planning Manager Niven, and Senior Planner
Rogers discussed how the Parks Recreational and Open Space Plan and future updates can be incorporated
into the Comprehensive Plan.
Commissioner O’Neill expressed concern over the possible locations for the Tacoma Dome Link Extension
Station in south Federal Way and how SEPA can address non-motorized transportation; walkability is a
concern for him and wants to know how we will get it. Planning Manager Niven indicated that walkability
will be addressed in the comp plan updates. He continued that there are two types of SEPA – project and
planned action. The state will look to see what the impacts will be due to the comp plan updates and if
remediation will need to occur. Commissioner Noble-Gulliford and Senior Planner Rogers discussed
parking, transit-oriented development, and big-box uses continuing in the area.
The Commission discussed the possibility of rezones or zone text amendments on important properties,
such as those in the City Center zones, as a result of the update. Commissioner O’Neill asked to participate
if a special subcommittee is created.
Commissioner Noble-Gulliford noted that Amazon is building a warehouse in Fife and some of Amazon’s
developers are looking for properties to purchase and build. May be more opportunities to building
employment options. Feels ST isn’t always open to listening to City input and wants to keep our options
open.
Planning Manager Niven referenced a 1995 arts and culture plan and wanted to bring this subject up as
Commissioner Noble-Gulliford is interested in arts/equity/safety/culture chapter.
Commissioner Carlson moved that the City Council approved the public participation plan for the
Comprehensive Plan update. Commissioner O’Neill seconded. Motion carried unanimously.
MANAGER REPORT
Planning Manager Niven covered items that were discussed by City Council on Tuesday night.
Approved HAP: To apply for a grant and to implement the downtown option (Item 1).
Approved housing plan; working to give first draft to LUTC.
Tabled the code amendment previously brought to the Planning Commission regarding transit
stations until January 2022.
During the next few months, part of the work for Commission is 15 proposed code amendments to review
and recommend to City Council.
NEXT MEETING
Chair Bronson wanted to thank staff for all of their hard work, especially knowing the City’s staffing
levels.
ADJOURNMENT
Chair Bronson called for adjournment; Commissioner O’Neill seconded.
The meeting adjourned at 7:42 p.m.
K:\PLN Long Range Planning\Planning Commission\Agendas, Minutes\2021\Meeting Summary 10-20-21.doc
Date: November 8, 2021
To: Planning Commission
From: Brian Davis, Director of Community Development
Keith Niven, AICP, CEcD, Planning Manager
Subject: 2021 Various Proposed Code Amendments: Files: 21-103626-UP, 21-103627-SE
I. FINANCIAL IMPACTS
There is no financial impact to the City for this proposed code update. This is a non-project
proposal.
II. BACKGROUND
From time to time, there are needs to update the city’s codes due to changes to the RCWs,
court decisions, interpretations, and outdated codes. There are 14 proposed amendments
being considered for 2021: SEPA noticing; Final Plat approval; Plat alterations approval;
Comprehensive Plan docket process and noticing; allowing convalescent centers in all MF
zones; changes to Planning Commission; non-substantive housekeeping items; allowing
electrified fencing in CE zone; removing requirement for ADU parking proximate to transit;
clarifying height for accessory structures; clarifying when an ADU permit is required;
increasing the SEPA flexible exemptions; clarifying code for unrelated persons; and, adding
an approval criteria for boundary line adjustments.
III. PROPOSED CODE AMENDMENTS
The package of 2021 proposed code amendments represent: 1) incorporation of
administrative interpretations; 2) permit processing improvements; 3) compliance with
recently-adopted state legislation; and, 4) response to requests from businesses. There are 14
topical amendments, some requiring multiple code revisions. The purpose for each of the
proposed amendments is summarized below.
1. SEPA Noticing (FWRC 14.10.040)
Purpose for Proposed Code Amendment: Noticing at the libraries requires additional staff
work and there is no guarantee library staff will post the notices or that library patrons will
stop to look at a city notice. The proposed code amendment seeks to replace the noticing
at the library with noticing on the City’s webpage. Noticing at libraries is not customary for
other cities in King County and the city’s website provides a more effective method for
providing notice in addition to property posting, posting at City Hall, noticing in the
newspaper, and providing notice to interested parties and agencies. This proposed
amendment affects administrative procedures and is not intended to change the
substance of the current regulations.
Department of Community Development
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-2607
www.cityoffederalway.com
Jim Ferrell, Mayor
2. Final Plat (FWRC 18.40.050)
Purpose for Proposed Code Amendment: In March 2017, the legislature passed SB 5674.
The Bill amended RCW 58.17.100, 58.17.170, and 58.17.190. The legislation allows
cities, towns, and counties to delegate final plat approval to “…an established planning
commission or agency, or to such other administrative personnel…”. The approval of a
final plat is a ministerial (of, relating to, or being a mandatory act or duty admitting of no
personal discretion or judgment in its performance) task ensuring the final plat is in
compliance with the approved preliminary plat; its approval conditions; and, that all
required improvements have been constructed or guaranteed. The proposed code
amendment would reassign final plat authority from the City Council to the Director of
Community Development. This proposed amendment affects administrative procedures
and is not intended to change the substance of the current regulations. This proposed
process change would improve the processing time for final plats significantly and would
reduce overtime pay for staff to prepare for and attend evening meetings where,
historically, the City Council has never denied final plat approval.
Snohomish and Spokane counties and the cities of Auburn, Renton, Kent, Tukwila,
Kirkland and Yakima have all made similar code changes.
3. Plat Alteration (FWRC 18.45.040, 18.45.050, 18.45.060, and 18.45.070)
Purpose for Proposed Code Amendment: A plat alteration is processed when a property
owner desires to “alter” an approved subdivision after the final plat is approved and
recorded. Common examples of plat alterations are re-subdivision of a parcel in an
existing plat; and, the extinguishment of easements within an existing plat. Given a plat
alteration is a revision to the preliminary plat; the decision should be made by the decision-
maker for preliminary plats, the hearing examiner. Currently, the code gives the decision
authority for plat alterations to the City Council. This proposed amendment recommends
making the hearing examiner the decision maker for plat alterations and affects
administrative procedures. It is not intended to change the substance of the current
regulations. This proposed amendment would transfer that decision to the City’s Hearing
Examiner improving the processing time for these types of requests.
The cities of Kent, Auburn, and Kirkland send their plat alterations to the Hearing
Examiner for decision. The cities of Bellevue and Snoqualmie allow the director to be the
decision maker.
4. Docket Process (FWRC 19.80.050, 19.80.080) and Noticing (FWRC 19.80.170)
Purpose for Proposed Code Amendment: The current noticing requirement for the council
meeting where the annual docketed proposed Comprehensive Plan Amendments and
development regulation amendments are prioritized, creates a false expectation for an
opportunity for engagement for the community. At this step, there has been no staff
evaluation conducted of the proposal other than evaluation of the criteria located in FWRC
19.80.080(2) and (3). The selection process is not a decision, as stated in FWRC
19.80.080(5). The committee meeting and council meeting will remain publicly-noticed
meetings, however, the proposal would for these meetings only, eliminate the added
noticing of property posting for parcel-specific requests and noticing in the newspaper;
and, replace this opportunity with a pre-meeting held by the Planning Commission. The
noticing requirements for the public hearing will remain unchanged. This proposed
amendment affects administrative procedures and is not intended to change the
substance of the current regulations.
5. Convalescent Centers (FWRC 19.205.090)
Purpose for Proposed Code Amendment: Convalescent centers are defined in FWRC
19.05.030 as “…an inpatient facility, excluding facilities defined as hospitals, for patients
who are recovering from an illness or who are receiving care for chronic conditions;
mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or
drug treatment and may include assisted living facilities.” These facilities are currently
allowed in the RM 1800 zone, but not the other RM zones. The proposed amendment
would allow nursing homes in the RM 2400 and RM 3600 zones.
6. Planning Commission (FWRC 2.90.020, 2.90.030)
Purpose for Proposed Code Amendment: To restructure the current code language to be
more consistent with that of other City Boards/Commissions; and, to allow the Commission
alternates to explicitly state that alternates will serve as full members in an absence of a
quorum of full members for the purpose of meeting quorum requirements.
7. Non-substantive housekeeping items (FWRC 19.55.010, 19.60.010, 19.65.010,
19.70.010, 19.70.100, 19.70.120, 19.200.180, 19.260.055, 19.260.060,
19.115.090, and 19.125.060)
Purpose for Proposed Code Amendment: The proposed amendments represent various
proposed code revisions aimed at cleaning up typos, incorrect references, improve clarity,
and to incorporate administrative interpretations. None of the proposed revisions are
intended to constitute a change of substance to current regulations.
8. Electric fences (FWRC 19.125.130)
Purpose for Proposed Code Amendment: The Mayor and City Council asked that this be
added to the code in order to provide additional security measures to businesses facing
increasing incidents of theft.
9. ADU parking (FWRC 19.200.180, 19.05.130)
Purpose for Proposed Code Amendment: To make the FWRC consistent with the
provisions of RCW 36.70A.698(1) including a definition for “Major Transit stop”.
10. Height for Accessory Structures (FWRC 19.265.010, 19.05.010)
Purpose for Proposed Code Amendment: Clarify the intent of the code that “smaller” does
not equate to “shorter” and replacing “subordinate” and “incidental”.
11. ADU Permit (FWRC 19.265.020, 19.05.190, 19.05.010, 19.05.040, 19.195.180,
19.200.180)
Purpose for Proposed Code Amendment: The current code definitions for dwelling unit
and accessory dwelling unit create some ambiguity on whether a land use permit is
needed for a residential expansion on an already built-upon lot. More specifically, Planning
and Code Enforcement staff have had to determine when a building addition is, or is not,
an ADU. The issue arises when the owner seeks to build an addition onto (or within) their
existing home that has permanent provisions for living, sleeping, cooking, and sanitation,
but does not consider the proposed addition an ADU. The proposed amendment clarifies
the code for when an ADU permit is necessary.
12. SEPA Categorical Exemptions (FWRC 14.15.030)
Purpose for Proposed Code Amendment: The latest legislation to increase the exemption
thresholds for SEPA (SHB 2673) took effect in June 2020. WAC 197-11-800 (Categorical
Exemptions) identifies flexible thresholds that local jurisdictions can choose to adopt,
provided protection and mitigation for environmental impacts have been adequately
addressed. The amendment consists of two distinct proposed changes: 1) increases to
existing exemptions for single-family, multi-family, commercial, parking, and earth
movement; and, 2) new exemptions contemplated by SHB 2673 for infill development.
The infill provisions would be limited to the City Center. While the SEPA thresholds for
exemptions would increase (reducing state-mandated noticing), there would be added
public noticing requirements locally and provisions addressing traffic, soil contamination,
and archaeology.
13. Unrelated Persons (FWRC 19.05.060)
Purpose of Proposed Code Amendment: Section 6 of ESSB 5235 states “…a code city
may not regulate or limit the number of unrelated persons that may occupy a household
or dwelling unit.” The proposed amendment seeks to align the FWRC with state law.
14. Boundary line Adjustments (FWRC 18.10.010)
Purpose for Proposed Code Amendment: To clarify that the Boundary Line Adjustment
process is not intended to negate requirements otherwise contained in city code.
IV. SEPA - Determination of Nonsignificance (DNS)
The city’s Responsible Official has determined that this non-project proposal does not have
a probable significant adverse impact on the environment, and an Environmental Impact
Statement (EIS) is not required under RCW 43.21C.030(2)(c). The DNS was issued on
November 5, 2021.
V. PUBLIC NOTICE AND PUBLIC COMMENT
The proposed code amendments to development regulations and the text of Title 19 FWRC, is
currently under public review in compliance with Process VI review, Chapter FWRC 19.80,
pursuant to Chapter FWRC 19.35.
Notice of DNS was posted in the Federal Way Mirror on Friday November 5, 2021 starting
the 14-day public comment period, which ends on November 19, 2021. To date, the City has
received one request for additional information from the Puyallup Tribe.
Public hearing regarding this proposal will be held on December 1, 2021 and January 19,
2022. Notice will be posted at least 14 days in advance of the hearing date.
VI. REASON FOR PLANNING COMMISSION ACTION
FWRC Title 19, “Zoning and Development Code,” Chapter 19.80, “Process VI Review,”
establishes a process and criteria for development regulation amendments. Consistent with
Process VI review, the role of the Planning Commission is as follows:
1. To review and evaluate the proposed development regulation amendments.
2. To determine whether the proposed development regulation amendment meets
the criteria provided by FWRC 19.80.130 (item VII below).
3. To forward a recommendation to City Council regarding adoption of the
proposed development regulation amendment.
VII. DECISIONAL CRITERIA
FWRC 19.80.130 provides three criteria for development regulation amendments. The
following section analyzes the compliance of the proposed amendments with the criteria
provided by FWRC 19.80.130. The City may amend the text of the FWRC only if it finds that:
1. The proposed amendment is consistent with the applicable provisions of the
comprehensive plan.
SEPA Noticing:
LUG2 Develop an efficient and timely development review process based on a public/private
partnership.
Final Plat approval:
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.
EDP10 Continue to implement a streamlined permitting process consistent with state and federal
regulations to reduce the upfront costs of locating businesses or redeveloping businesses in
the City.
Plat alteration:
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.
EDP10 Continue to implement a streamlined permitting process consistent with state and federal
regulations to reduce the upfront costs of locating businesses or redeveloping businesses in
the City.
Docket process and noticing:
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.
Convalescent Centers:
HP2 Amend development regulations to accommodate a diverse range of housing forms that are
compatible with neighborhood character and create an effective transition between the City
Center, business areas, and residential neighborhoods.
HG3 Develop a zoning code that provides flexibility to produce innovative housing solutions, does
not burden the cost of housing development and maintenance, and diversifies the range of
housing types available in the city.
HP14 Review zoning, subdivision, and development regulations to ensure that they further housing
policies, facilitate infill development, and don’t create unintended barriers.
HP20 Periodically review and update development regulations to incorporate opportunities for new
housing types.
HP39 Periodically review the FWRC and remove any regulatory barriers to locating special needs
housing and emergency and transitional housing within the City as required by the federal Fair
Housing Act, to avoid over-concentration, and to ensure uniform distribution throughout all
residential and mixed-use zones.
Planning Commission:
LUG2 Develop an efficient and timely development review process based on a public/private
partnership.
LUP4 Maximize efficiency of the development review process.
Non-substantive housekeeping items:
NEP13 The City will strive to enforce regulations and procedures on a consistent and equitable
basis.
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.
Electric fences:
EDP2 Periodically monitor local and regional trends to be able to adjust plans, policies, and
programs.
EDG2 Help attract, expand, and retain businesses, jobs, and investments that provide employment
and enhance income opportunities for Federal Way residents.
EDP5 Promote the continued diversification and sustainability of the local economy and expand
employment opportunities for residents.
EDP11 Continue to pursue aggressive public safety programs designed to protect residents,
businesses, and their investments.
ADU parking:
LUP4 Maximize efficiency of the development review process.
EDP1 Cooperate with the federal, state, and region’s public jurisdictions and private entities on
matters of individual interest including: economic, social and environmental issues.
Height for accessory structures:
LUG2 Develop an efficient and timely development review process based on a public/private
partnership.
ADU permit:
LUG2 Develop an efficient and timely development review process based on a public/private
partnership.
SEPA Categorical Exemptions:
NEG1 To preserve the City’s natural systems, in order to protect public health, safety, and welfare,
and to maintain the integrity of the natural environment.
NEP4 The City will continue to work with internal departments, state and regional agencies,
neighboring jurisdictions, and tribes to protect environmentally critical areas and the City’s
natural environment.
NEP7 Implement and periodically update environmentally critical area regulations consistent with
Best Available Science while also taking into consideration the City’s obligation to meet urban-
level densities and other requirements under the Growth Management Act (GMA).
NEP9 The City will continue to encourage utilization of the soil safety program and Model
Remedies Guidance for properties impacted by the Tacoma Smelter Plume.
NEG2 Balance the protection of environmentally critical areas with the rights of property owners.
NEP12 The City should review future amendments to the environmentally critical areas regulations
to ensure that new provisions do not unreasonably hinder private property rights.
NEP14 Environmentally critical area regulations should provide clear direction to property owners
and applicants.
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.
EDP10 Continue to implement a streamlined permitting process consistent with state and federal
regulations to reduce the upfront costs of locating businesses or redeveloping businesses in
the City.
Unrelated persons:
LUG2 Develop an efficient and timely development review process based on a public/private
partnership.
EDP1 Cooperate with the federal, state, and region’s public jurisdictions and private entities on
matters of individual interest including: economic, social, and environmental issues.
Boundary Line Adjustment:
LUG2 Develop an efficient and timely development review process based on a public/private
partnership.
HP6 If allowed by applicable law, development inside and outside the City should be required to
provide their fair share of onsite and offsite improvements.
2. The proposed amendment bears a substantial relationship to public health, safety, or
welfare.
SEPA Noticing: the proposed code amendment will improve visibility of public noticing for
SEPA decisions.
Final Plat approval: the proposed code amendments will improve permitting efficiencies.
Plat alteration: the proposed code amendments will improve efficiencies and increase
predictability in sending the proposal to the Hearing Examiner.
Docket process and noticing: the proposed code amendments will improve the process and
give the public a better opportunity to engage in the conversation before it is sent to the
City Council.
Convalescent Centers: the proposed code amendment will allow for convalescent centers to
occur in 2 additional zones.
Planning Commission: the proposed code amendments will improve the likelihood that the
Commission can reach a quorum and will improve the recruitment process for Commission
alternates.
Non-substantive housekeeping items: the proposed code amendments will improve clarity and
predictability of the code.
Electric fences: the proposed code amendment will improve property safety for some property
owners.
ADU parking: the proposed code amendments are needed to bring the city code into
compliance with state law.
Height for accessory structures: the proposed code amendment improves clarity of the code.
ADU permit: the proposed code amendments will offer more clarity to the code as to when an
ADU permit is required. By increasing code clarity, the public welfare is improved as there
are less chances for neighbors to disagree on this issue.
SEPA Categorical Exemptions: although the proposed code amendments increase the
amount of development that is allowed before SEPA is triggered, the proposed code
including noticing requirements, traffic requirement, archaeological requirements, and
potential soil remediation requirements.
Unrelated persons: the proposed code amendment is needed to bring the city code into
compliance with state law.
Boundary Line Adjustment: the proposed code amendments will ensure that platting
requirements are not avoided through the boundary line adjustment process.
3. The proposed amendment is in the best interest of the residents of the city.
SEPA Noticing: Changing the noticing to the city webpage rather than the libraries will likely
result in more people being able to find the SEPA decisions issued by the city.
Final Plat approval: moving final plat approval from City Council to Community Development
Director will improve the efficiencies of permit review, allowing lots to be ready for
construction quicker and decreasing city expenditure on processing.
Plat alteration: moving plat alteration from the City Council to the Hearing Examiner will
improve the efficiencies of permit review, allowing lots to be ready for construction quicker
and decreasing city expenditure on processing.
Docket process and noticing: this proposed code amendment would move the first
consideration of a proposed comprehensive plan amendment from the council committee
to the Planning Commission. This would increase the transparency of this process and
allow residents a better opportunity to engage with the proposal before it reaches the City
Council.
Convalescent Centers: the proposed code amendment would allow convalescent centers in all
multi-family zones (it is currently limited to RM 1800 only). By increasing the allowance to
RM 2400 and RM 3600, the City will have additional places for these facilities to be built.
Planning Commission: the proposed code amendment allows alternate members to vote,
when needed to meet quorum requirements. This proposed change will increase the
responsibilities for alternate members and may make these positions easier to recruit.
Non-substantive housekeeping items: this proposed code amendment consists of 11
proposals. All of the proposals contained in this item are geared toward clarifying the
existing code and making it easier for residents to be able to read the code and predict the
outcome.
Electric fences: by allowing electrified fencing for certain uses in the Commercial Enterprise
zone and for government facilities, the city will be allowing some property owners to
increase security measures on their properties; and, might be an incentive for some
businesses looking for sites in Federal Way. Increasing security and incenting businesses
to locate in Federal Way are benefits to existing residents.
ADU parking: the proposed code amendment aligns the city code with state legislation. By
providing consistency with state law, the residents of Federal Way benefit in decreased
litigation expenses and increased code predictability.
Height for accessory structures: the proposed code amendment clarifies vague code thereby
improving predictability for property owners and ensuring that planning staff are treating
similar applicant consistently.
ADU permit: the proposed code amendment clarifies vague code thereby improving
requirements for property owners and reducing the potential for neighbor conflict.
SEPA Categorical Exemptions: the proposed code amendments increase the projects that are
exempt from SEPA review. The result of these proposed code amendments will be to
make the permitting process more efficient. As part of the proposed amendments, a
provision for noticing has been included to ensure applications still receive public notice
and specific notes relating to traffic review, archaeology, and soil contamination has been
provided.
Unrelated persons: the proposed code amendment aligns the city code with state legislation.
By providing consistency with state law, the residents of Federal Way benefit in decreased
litigation expenses and increased code predictability.
Boundary Line Adjustment: the proposed code amendment corrects a potential gap in current
code language that could result in putting the burden on the City for property owner
improvements such as street dedications or improvements.
VIII. PLANNING COMMISSION ACTION
The Mayor recommends adopting the proposed code amendments as shown in Exhibit 1.
Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the
following actions regarding the proposed amendments:
1. Recommend to City Council adoption of the FWRC amendments as proposed;
2. Modify the proposed FWRC amendments and recommend to City Council adoption of
the FWRC amendments as modified;
3. Recommend to City Council that the proposed FWRC amendments not be adopted; or
4. Forward the proposed FWRC amendments to City Council without a recommendation.
List of Exhibits
Exhibit 1 Proposed Code Amendments
Exhibit 1: Redline code provisions
2021 FWRC Titles 2/14/18/19 Proposed Code Amendments
1. SEPA Noticing - Libraries
2. Final Plat
3. Plat Alteration
4. Docket Process & Noticing
5. Convalescent Centers
6. Planning Commission
7. Non-substantive housekeeping items
8. Electric fences
9. ADU parking
10. Height for Accessory Structures
11. ADU Permit
12. SEPA Categorical Exemptions
13. Unrelated persons
14. Boundary Line Adjustment
1. SEPA Noticing
14.10.040 Public notice.
(3) Notice of a threshold determination or environmental impact statement hearing on nonproject
proposals shall be published in a newspaper of general circulation in the city, mailed to
interested parties or agencies who have registered with the city, and posted in the City Hall and
library.on the city webpage.
2. Final Plat
18.40.050 Approval and filing.
(1) Following approval of the construction of required improvements, and/or appropriate bonding
pursuant to this section, the final plat shall be reviewed in accordance with FWRC 19.55 as a Process I
- Director’s Approvalthe director of community development services shall forward the final plat to
the city council for approval. . After the deadline for submitting comments and after considering all
of the information and comments submitted on the matter, the director of community development
services shall issue a written decision within the time lines set out in FWRC 18.30.060.
(2) The city council, in a public meetingdirector, shall make written findings that the final plat is in
substantial conformance to the preliminary plat and is in conformity with applicable zoning
ordinances or other land use controls; that all conditions of the hearing examiner and/or city council
have been satisfied; that the public use and interest shall be served by the establishment of the
subdivision and dedication by determining if appropriate provisions are made for, but not limited to,
the public health, safety, general welfare, open spaces, drainageways, streets and roads, alleys, other
public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds,
schools and school grounds and shall consider all other relevant facts, including sidewalks and other
planning features that assure safe walking conditions for students who walk to and from school; that
all required improvements have been made and maintenance bonds or other security for such
improvements have been submitted and accepted; that all taxes and assessments owing on the
property being subdivided have been paid. If the city councildirector makes such findings, then the
plat shall be approved for recording. Dedication of land to any public body, provision of public
improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through
82.02.090 may be required as a condition of subdivision approval. Dedications shall be clearly shown
on the final plat.
(3) The approved and signed final plat, together with all legal instruments pertaining thereto as
required herein, shall be recorded in the county department of elections and records with the
appropriate county office within 30 days of approval or the plat decision shall become null and void.
A recorded and certified copy on any standard material acceptable to the city shall be returned to
the city and kept with the city’s records. by the city. One reproducible copy shall be furnished to the
city. One paper copy shall be filed with the county assessor. All fees for such recording shall be paid
by the applicant. A copy of the documents stamped with the recording number shall be forwarded to
the county department of assessments for assessment purposes. Final plats shall be recorded
consistent with Chapter 58.09 RCW.
3. Plat Alteration
18.45.040 Process for review and notice of public hearing.
(1) Upon confirmation by the director of community development services that the plat alteration
application is complete and that all pertinent requirements to the environmental policy, FWRC
Title 14, have been fulfilled, the application shall be processed and reviewed following the
procedures defined in Chapter 18.35 FWRC.
(2) Notice of the hearing shall be pursuant to the provisions of Chapter 19.70.060 (Notice).mailed to
the appropriate city or county officials if the proposed plat alteration lies within one mile of the
adjoining city or county boundary, and to all agencies or private companies pursuant to
FWRC 18.45.030(1). Additionally, notice shall be mailed to the State Department of Transportation if
the plat proposed to be altered abuts a state highway.
(3) All notices required in this section shall clearly describe in layperson’s terms the nature of the
request, the location of the proposal, the date, time and location of the hearing, and address and
telephone number where additional information may be obtained relative to the application.
18.45.050 Report to hearing examiner – Review.
(1) No less than seven days prior to the date of the public hearing, the department of community
development services shall submit to the hearing examiner a written report summarizing the
application for plat alteration. The report shall contain, in addition to the requirements in
Chapter 18.35 FWRC, the following information:
(a) A notice of availability from the Lakehaven utility district and/or city of Tacoma public
utilities department or other applicable utility department, as appropriate.
(b) If the subdivision is to contain a septic system, a letter from the county department of
public health regarding the adequacy and safety of such a system.
(c) All communications from other agencies or individuals relating to the application which
were received in time to be included in the report to the hearing examiner.
(d) A list of recommendations from the department of community development services,
department of public works, and other appropriate departments relating to alterations or
conditions of plat approval.
(e) A copy of the declaration of nonsignificance, mitigated declaration of nonsignificance, or
draft environmental impact statement and final environmental impact statement, as applicable,
along with a list of any required mitigation measures issued by the responsible official, if
required.
(2) The hearing examiner shall review the application for plat alteration for compliance with
FWRC 18.05.020 (Purpose), and the following selected design criteria:
(a) FWRC 18.55.010 – Land division design;
(b) FWRC 18.55.020 – Lot design;
(c) FWRC 18.55.030 – Density;
(d) FWRC 18.55.060 – Open space and recreation;
(e) FWRC 18.55.070 – Pedestrian and bicycle access.
(3) The hearing examiner shall also review the application for plat alteration for compliance with the
following development standards:
(a) FWRC 18.60.010 – Street improvements and dedication of rights-of-way and/or easements;
(b) FWRC 18.60.020 – Density regulations;
(c) FWRC 18.60.050 – Streets and rights-of-way;
(d) FWRC 18.60.060 – Water;
(e) FWRC 18.60.070 – Sewer disposal;
(f) FWRC 18.60.080 – Storm drainage;
(g) FWRC 18.60.090 – Other utilities;
(h) FWRC 18.60.100 – Street lighting; provided, however, that the application of
FWRC 18.60.100 shall apply only to new roadways proposed as a result of the alteration to the
plat;
(i) FWRC 18.60.120 – Monuments.
(4) The hearing examiner shall also review the application for plat alteration for compliance with any
other applicable ordinances or regulations of the city and Chapter 58.17 RCW.
(5) If any land within the alteration is part of an assessment district, any outstanding assessment shall
be equitably divided and levied against the remaining lots, parcels, tracts, or be levied equitably on
the lots resulting from the alteration. Easements established by dedication are property rights that
cannot be extinguished or altered without the approval of the easement owner or owners, unless the
subdivision or other document creating the dedicated easement provides for an alternative method
or methods to extinguish or alter the easement.
18.45.060 City councilHearing examiner review, action.
City councilHearing examiner review will be limited toof hearing examinerthe criteria listed in this
chapter, recommendations on applications for plat alterations shall be limited to the record of the
hearing examinerwritten comments received prior to the hearing, oral comments received at the
public meetinghearing (so long as such comments do not raise new issues or information not
contained in the examiner’s record) and the hearing examiner’sstaff report.
18.45.070 Effect – Duration of approval.
(1) Approval of the altered plat by the city councilhearing examiner shall constitute conditional
acceptance of subdivision layout and design and shall include all conditions, restrictions and other
requirements adopted by the council as part of plat alteration approval. City councilHearing
examiner approval of a plat alteration shall not constitute approval for land clearing or grading,
vegetation removal, or any other activities which otherwise require permits from the city.
(2) Prior to construction of improvements pursuant to altered plat approval, engineering drawings
for public improvements shall be submitted for review and approval to the department of public
works and the Lakehaven utility district and/or city of Tacoma public utilities department, as
appropriate. No permits to begin construction or site work shall be granted until final approval of all
utility plans, including storm drainage, the payment of all pertinent fees, and the submittal of
performance securities as may be required.
(3) Conditional approval of the altered plat shall expire five years from the date of city councilhearing
examiner approval, unless the applicant requests an extension from the hearing examinerdirector.
The request for extension must be submitted to the department of community development services
at least 60 days prior to the expiration date of the conditional plat alteration.
(4) The department of community development services shall schedule and advertise a public
hearing in accordance with FWRC 18.35.100. In considering whether to grant the extension, the
hearing examinerdirector shall consider the following in the public hearing:
(a) Whether substantial progress has been made toward completion of the approved
alterations to the plat, or the initial phase of the plat, if the conditional approval of the plat
alteration included phasing.
(b) Whether conditions in the vicinity of the altered lots have changed to a sufficient degree
since initial approval to warrant reconsideration of the altered plat.
(5) The hearing examinerdirector may grant a one-year extension of the conditional approval of the
plat alteration, or may allow division of the altered plat into separate phases, each with an expiration
date and no further opportunity for extension.
4. Docket Process & Noticing
19.80.050 City council review.
(1) Docketed proposals, planning commission recommendation. Prior to city council review, the
planning commission shall review the docket at a public meeting and shall forward a
recommendation to the city council on the prioritized docket.
(2) Docketed proposals, city council. 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 and shall fully consider the recommendation on the
docketed items rendered by the planning commission. Docketed proposals submitted after
September 30th shall be considered during the following annual review.
(23) 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) 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.
(34) 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.
19.80.080 Prioritizing docketed proposals.
(1) Prior to adopting any docketed proposals, the city councilplanning commission shall hold a
council public meeting and will recommend to the city council select those docketed proposals it
wishes to further consider for adoption and for staff to research and evaluate further.
(2) The city councilplanning commission shall 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 theis
consistent with the Planning Goals of the Growth Management Act RCW 36.70A.020.
(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, and other operational factors as determined by the directorEvaluation of the
proposal can be reasonably reviewed as part of the annual amendment process and the city
has staffing resources available to accomplish this review.
(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 the planning commission’sits review of the docketed proposals according to the criteria
in subsections (2) and (3) of this section and the recommendation provided, the council shall
determine which docketed proposals will be further considered for adoption, and shall forward those
requests selected proposals 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.
19.80.170 Notice.
Notice provisions under this section shall be followed for the city councilplanning commission
meeting during which 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’splanning commission’s docket prioritization meeting and at least 14 calendar days before all
public hearings 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.
5. Convalescent Centers – Nursing Homes
19.205.090 Convalescent centers – Nursing homes.
The following uses shall be permitted in the multifamily residential (RM) zone subject to the
regulations and notes set forth in this section:
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums Maximums
Required
Parking
Spaces
Lot
Size
Required Yards
Lot
Coverage
Height of
Structure Front Side
(each) Rear
Convalescent center
or nursing home.
This use permitted
only in RM 1.8
zones
Process
IV
7,200
sq. ft.
20
ft.
5 ft. 5
ft.
70% 35 ft.
above
average
building
elevation
See note
3
1 for each
3 beds
and 1 for
each 2
employees
6. Planning Commission
2.90.020 Membership and Appointment.
The planning commission shall consist of seven members who are residents or property owners in
the city with interest in land use and planning issues and a commitment to the planned development
of the community. Planning commission members shall serve without compensation.
2.90.030 Appointment.
The planning commission shall be appointed by city council. Each member shall serve a term of four
years. The city council shall annually appoint new members to fill the expiring terms on the planning
commission. Planning commission members may be reappointed as many consecutive times as city
council deems appropriate. If, for any reason, a vacancy occurs during the term of a planning
commission member, the city council shall appoint a new member to fill the unexpired term of that
planning commission member. The city council may remove a planning commission member at any
time if the city council determines that the planning commission member is not fulfilling his or her
responsibilities to the satisfaction of city council. All members of the planning commission shall serve
until their successors are duly appointed by city council. The city council may also appoint alternate
planning commission members as the need arises, consistent with RCW 35A.63.020.
(1) The planning commission shall consist of up to seven members and three alternate members
appointed by the city council. An alternate member may serve as a voting member when a full
member of the commission is not otherwise present and as outlined in the commission Rules of
Procedure.
(2) The planning commission shall serve without compensation.
(3) Each member shall serve a term of four years except that the first commissioners and alternates
shall be appointed for different terms as follows: three commissioners and one alternate to serve for
a period of one year, three commissioners and one alternate to serve for a period of two years, three
commissioners and one alternate to serve for a period of three years. The city council shall annually
appoint new members to fill the expiring terms on the senior advisory commission. If, for any reason,
a vacancy occurs during the term of a planning commission member or alternate, the city council
shall appoint a new member to fill the unexpired term. The city council may remove a planning
commission member or alternate at any time if the city council determines that member is not
fulfilling his or her responsibilities to the satisfaction of city council.
(4) All members of the commission may be reappointed as many consecutive times as city council
deems appropriate and shall serve until their successors are duly appointed by city council.
(5) Persons appointed to serve on the commission shall reside within the incorporated city limits with
interest in land use and planning issues and a commitment to the planned development of the
community.
7. Non-Substantive Housekeeping Items
19.55.010 Process I generally.
Various places in the Code indicate that certain developments, activities, or uses are permitted only if
approved using process I. This chapter describes process I. Any process I application not categorically
exempt from the State Environmental Policy Act, Chapter 43.21C RCW, shall be reviewed pursuant to
process III of this title. Under process I, the director is authorized to make administrative decisions
based on certain criteria as set forth in this chapter or title. Any appeals of the director’s decision will
be decided by the hearing examiner after an appeal public hearing.
19.60.010 Process II generally.
Various places in the Code indicate that certain developments, activities or uses are permitted only if
approved using process II. This chapter describes process II.
All commercial, office and industrial development applications subject to the provisions of this
chapter, including applications for remodeling and expansion of an existing use, shall also meet the
requirements of Chapter 19.115 FWRC, Community Design Guidelines. Process II applications are
exempt from the procedural requirements set forth in
RCW 36.70B.060 and 36.70B.110 through 36.70B.130. Any process II application not categorically
exempt from the State Environmental Policy Act, Chapter 43.21C RCW, shall be reviewed pursuant to
process III of this title. If the development, activity, or use that requires approval through process II is
part of a proposal that also requires approval through process IV, the entire proposal will be decided
upon using process IV, if the director determines that this will result in more efficient decision
making.
Under process II, the director will is authorized to make the initial land use decision and the decision
on the community design guidelines. Any appeals of either the director’s decision will be decided by
the hearing examiner after an publicappeal hearing.
19.65.010 Process III generally.
Various places in the Code indicate that certain developments, activities or uses are permitted only if
approved using process III. This chapter describes process III.
All commercial, office, industrial, institutional, and multifamily development applications subject to
the provisions of this chapter, including applications for remodeling and expansion of an existing
use, shall also meet the requirements of Chapter 19.115 FWRC, Community Design Guidelines. If the
development, activity, or use that requires approval through process III is part of a proposal that also
requires approval through process IV, the entire proposal will be decided upon using process IV, if
the director determines that this will result in more efficient decision making.
Under process III, the director will is authorized to make the initial land use decision and the decision
on the community design guidelines based on written comments and information. Any appeals of
either the director’s decision will be decided by the hearing examiner after an appeal public hearing.
19.70.010 Administration.
Various places in the Code indicate that certain developments, activities or uses are permitted only if
approved using process IV. Certain appeals of agency decisions are also governed by process IV. This
chapter describes process IV.
All development applications subject to this process and also subject to the requirements of
Chapter 19.115 FWRC, Community Design Guidelines, shall first comply with process III as to those
requirements, and then proceed with process IV as to any other required review. Any appeal of the
director’s decision as to community design guidelines pursuant to this section shall be decided at the
same time as and in conjunction with the process IV review.All applications for commercial, office,
industrial, institutional, and multi-family residential development, including applications for
remodeling and expansion of an existing use, shall meet the requirements of Chapter 19.115 FWRC,
Community Design Guidelines. If the development, use or activity that requires approval through
process II or III is part of a proposal that also requires approval through process IV, the entire
proposal will be decided upon using process IV, if the director determines that will result in more
efficient decision making.
Under process IV the hearing examiner will make the final decision following a public hearing.
19.70.120 Burden of proof.
The applicant has the responsibility of persuading the hearing examiner by a preponderance of the
evidence that, under the provisions of this chapter, the applicant is entitled to the requested
decision. The hearing examiner may take notice of (1) any judicially cognizable facts, (2) technical or
scientific facts within the agency’s specialized knowledge, and (3) codes or standards that have been
adopted by an agency of the United States, of this state or of another state, or by a nationally
recognized organization or association. The hearing examiner shall give great deference to the
agency’s interpretation of its own properly promulgated regulations, recommendation on
community design guidelines (19.115 FWRC), matters within its expertise, and procedural
determinations.
19.70.100 Public hHearing.
(1) Generally. The hearing examiner shall hold a hearing on each application that is open to the
public. The hearing examiner shall make a complete electronic sound recording of each public
hearing.
(2) Participation. Any person may participate in a public hearing under this process, except those
involving agency decision appeals. Only those persons entitledparties to the appeal may participate
in the appeal hearing. Participation in a public hearing is accomplished through either or both of the
following ways:
(a) By submitting written comments to the hearing examiner, either by delivering these
comments to the department prior to the hearing or by giving these directly to the hearing
examiner at the hearing.
(b) By appearing in person, or through a representative, at the hearing and making oral
comments directly to the hearing examiner. The hearing examiner may reasonably limit the
extent of oral comments to facilitate the orderly and timely conduct of the hearing.
(3) Continuation. The hearing examiner may continue the hearing if, for any reason, he or she is
unable to hear all of the public comments on the matter or if the hearing examiner determines that
he or she needs more information on the matter. If, during the hearing, the hearing examiner
announces the time and place of the next hearing on the matter and a notice thereof is posted on
the door of the hearing room, no further notice of that hearing need be given.
19.200.180 Accessory dwelling units.
The following uses shall be permitted in the single-family residential (RS
SPECIAL REGULATIONS AND NOTES
2. Only one ADU may be created per subject property. The ADU, accessory structures and the
primary dwelling unit together shall not exceed the maximum lot coverage prescribed in
FWRC 19.200.010, 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)(ba) for calculation of lot coverage for flag lots.
19.260.055 Chickens and ducks.
This section allows limited numbers of chickens and ducks for residential lots containing less than
35,000 square feet subject to the following regulations:
(1) Number of animals permitted. Any combination of four chickens and/or ducks may be kept on
lots up to 34,999 square feet. Regulations associated with small domestic animals set forth in
FWRC 19.260.060 apply to lots 35,000 square feet and greater.
(2) Pens, structures and enclosures. A suitable pen, structure or enclosure to house the animals shall
be provided per designs approved by the director and maintained in a clean condition at all times.
All pens, structures and enclosures shall be set back a minimum of 10 feet from side and rear
property lines and are not permitted in the area between the primary dwelling unit and the front
property line.
(3) Roosters. Roosters are not permitted within the city except for those lots zoned suburban estate.
Roosters kept prior to the adoption of this section shall be removed from the property no later than
June 30, 2011.
(4) Modification. Modifications to the enclosure design standards may be granted by the director if
one of the following criteria is met:
(a) The proposed modification will produce a design equal or superior to that which would result
from adherence to the adopted standard; or
(b) Each of the following requirements is met:
(i) The proposed modification is needed to accommodate particular breeds of chickens or ducks; and
(ii) The proposed modification results in an aesthetic appearance equivalent to the adopted
standards.
19.260.060 Small domestic animals.
Small domestic animals, as that term is defined in this chapter, may be kept on the subject property
subject to the following regulations:
(1) Minimum lot size. The subject property must be at least 35,000 square feet in area.
(2) Maximum number of animals. No more than 20 small domestic animals may be kept on a lot
containing 35,000 square feet of area. With the exception of chickens and ducks, one additional small
domestic animal is permitted for each additional 500 square feet of lot area. In addition, offspring
from one female are permitted at any time, until those offspring are able to live independently.
(3) Pens, structures and enclosures. The applicant shall provide a suitable pen, structure or enclosure
to house the animals and must maintain this structure, pen or enclosure in a clean condition at all
times. Enclosures for chickens and ducks shall be provided per designs approved by the director.
Modification to design standards may be granted pursuant to FWRC 19.260.055(4). All pens,
structures and enclosures must be set back at least 40 feet from each property line.
(4) Limitations under certain circumstances. The city may limit the number of animals allowed to less
than the maximum stated in this section if this is reasonably necessary to protect nearby uses or the
city considering the following factors:
(a) The proximity of the animals to dwelling units both on and off the subject property.
(b) The lot size and isolation of the subject property.
(c) The compatibility with surrounding uses.
(d) Potential noise, pollution and other impacts.
19.115.090 District guidelines.
In addition to the foregoing development guidelines, the following supplemental guidelines apply to
individual zoning districts:
(2) Office park (OP), corporate park (CP), and commercial enterprise (CE).
(a) Surface parking may be located behind the building, to the side(s) of the building, or
adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-
way maximizes pedestrian access and circulation pursuant to FWRC 19.115.050(4).
(b) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way.
(c) Building entrances shall be architecturally emphasized and shall incorporate transparent
glass.
(d) Ground floor entrances to retail sales or services shall incorporate plaza features or
furnishings, and/or streetscape amenities, in a context-sensitive amount and combination,
considering the scale of the retail use(s) and entrance(s) to the overall building or
development, and the proximity and accessibility from the building to other existing plaza or
streetscape features.
(e) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way or
pedestrian area.
(f) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not
screened by Type I landscaping as defined in Chapter 19.125 FWRC, shall utilize vinyl-coated
mesh, powder-coated poles, dark color(s), and architectural element(s) such as pole caps
and/or decorative grid pattern.
19.125.060 Landscaping requirements by zoning district.
(8) Office Park, OP; and Corporate Park, CP-1.
(a) Type III landscaping 10 feet in width shall be provided along all property lines abutting
public rights-of-way and access easements.
(b) Type I landscaping 15 feet in width shall be provided along the perimeter of property
abutting a residential zoning district.
(c) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except
as noted in subsections (8)(a) and (b) of this section.
8. Electric Fencing
19.125.130 Electrified fences.
Electrified fences are not permitted in the city, except to contain large domestic animalsas allowed by
this Chapter. All electric fences and appliances, equipment and materials used in connection with an
electrified fence must be listed or labeled by a qualified testing agency and shall be installed in
accordance with manufacturer’s specifications. All electric fences shall be posted with permanent
signs, which are a minimum of 36 square inches in area, at intervals of 15 feet along the fence stating
that the fence is electrified. The permitted location of and standards for electrified fences is as
follows:
(1) Electrified fences separating agricultural uses may be located anywhere on the subject property,
including on the property line.
(2) Limited to the uses in the Commercial Enterprise (CE) zone: Manufacturing and production,
general; Warehouse – Distribution – Storage facilities – Truck stops – Automotive emissions testing
facilities; Hazardous waste treatment and storage, Chemical manufacturing – Gravel batch plant –
Transfer station; Vehicle, boat, equipment, and outdoor storage container sales, rental, service, repair
– Self-service storage – Tow and taxi lots; Public utility; and, Government facilities, public parks,
public transit shelter.
(3) For all zones, in addition to that permitted in (2), allowed for all Governmental facility uses.
(4) Other than as stated in subsection (1) of this section, an electrified fence must meet the following
requirements, or equivalent standards, as determined by the director:
(a) be located at least 18 6 inches inside of another wood fence or solid wall at least 6 feet in
height, if the electrified fence is within 20 feet of any property line.;
(b) be no taller than ten (10) feet in height;
(c) be constructed or installed in conformance with industry standards;
(c) energized not to exceed 12 volts DC; and,
(d) provides safe access for emergency responders.
9. ADU parking
19.195.180 Accessory dwelling units.
The following uses shall be permitted in the suburban estate (SE) zone subject to the regulations
and notes set forth in this section:
19.200.180 Accessory dwelling units.
The following uses shall be permitted in the single-family residential (RS) zone subject to the
regulations and notes set forth in this section:
19.05.130 M definitions.
“Major transit stop” means a stop on a high capacity transportation system ; commuter rail stops;
stops on rail or fixed guideway systems, including transitways; stops on bus rapid transit routes or
routes that run on high occupancy vehicle lanes; or, stops for a bus or other transit mode providing
actual fixed route service at intervals of at least fifteen minutes for at least five hours during the peak
hours of operation on weekdays.
10. Height for Accessory Structures
19.265.010 Accessory uses, buildings, and structures.
(1) Generally. As limited by this section, accessory uses, buildings, and structures normally associated
with a permitted use, building, or structure are permitted as part of that use, building, or structure.
Accessory uses, buildings, or structures must be clearly secondary to the permitted principal uses,
buildings, or structures.
(2) Authority of director. The director of community development services is authorized to determine
if a particular accessory use, building, or structure is normally associated with, clearly secondary to,
and actually accessory to the particular permitted principal use, building, or structure.
(3) Accessory building height and size limits. The height of accessory buildings and structures will be
limited to not be taller than the primary building or structure regardless of the height allowed by the
zone. Both the total gross floor area and footprint of an accessory building must be less than the
total gross floor area and footprint of the principal building on the subject property, respectively.
(4) Exceptions and limitations. Where more specific limitations and regulations apply under this title
to particular accessory uses or structures, those limitations and regulations supersede the general
statements in subsection (1) of this section.
19.05.010 A definitions.
“Accessory” means a use or structure which is smaller (less gross square footage) and no taller that
subordinate and incidental in size, scale, design, or purpose to the principal use or structure on the
subject property, and supports the principal use or structure without displacing or dominating it. See
FWRC 19.265.010.
11. ADU Permitting
19.265.020 Accessory dwelling units.
(1) Purpose. In order to provide affordable housing to the citizens of Federal Way and in order to
comply with the Growth Management Act and the Washington State Housing Policy Act, this section
permits accessory dwelling units (“ADU”) which comply with the conditions set forth in this Code.
(2) Definitions. Any words, terms or phrases used in this section and which are not otherwise defined
shall have the meanings set forth in Chapter 19.05 FWRC.
(3) Permit requirements. Owners desiring to constructing and/or operateing an ADU shall be required
to apply for and obtain an ADU permit from the department of community development services,
comply with all the special regulations set forth in FWRC 19.195.180 and 19.200.180, comply with all
other applicable law, obtain all other necessary permits and pay all fees in connection with such
construction or operation. The application shall be accompanied by the appropriate application fee
as established by the city’s adopted fee schedule. The department of community development
services may issue a certificate of ADU compliance on the basis of inspection(s) of the ADU, and may
require corrections as appropriate under the Uniform Building Code and other applicable codes or
laws. In the event the ADU does not comply with such applicable laws, the department of community
development shall deny the ADU application unless the ADU is exempt pursuant to subsection (4) of
this section.
(4) Exemption/nonconformance. No ADU permit is required for legal nonconforming ADUs which are
permitted pursuant to FWRC 19.30.140, Nonconformance.
(5) Enforcement. ADUs not complying with the provisions of this section within 12 months of the
effective date of adoption of the ordinance codified in this section and/or ADUs not constituting a
legal nonconforming ADU pursuant to FWRC 19.30.140 are subject to the enforcement provisions of
Chapter 19.10 FWRC regarding enforcement of Code violations and are subject to all other
enforcement remedies available to the city by applicable law, including, without limitation, the
requirement for the property owner to immediately abate or discontinue such ADUs.
19.05.190 S definitions.
“Single housekeeping unit” means a person, a group of not more than three persons, or a group of
persons connected through blood, marriage or other legal relationships by not more than four
degrees of affinity or consanguinity including persons under legal guardianship. Any limitation on
the number of residents resulting from this definition shall not be applied to the extent it would
prevent the city from making reasonable accommodations to disabled persons in order to afford
such persons equal opportunity to use and enjoy a dwelling as required by the Federal Fair Housing
Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that
it would cause a residential structure occupied by persons with handicaps, as defined in the Federal
Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure
occupied by other related or unrelated individuals.
19.05.010 A definitions.
“Accessory dwelling unit (ADU)” means either a freestanding detached structure, excluding outdoor
storage containers and similar structures used or designed to be used as living facilities, or an
attached part of a structure which is accessory to the main or primary dwelling unit located on the
subject property, providing complete, independent living facilities exclusively for one single
housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation. See
FWRC 19.265.020. ADUs include:
(1) “ADU, attached” means an accessory dwelling unit that has one or more vertical and/or horizontal
walls in common with or attached to the primary dwelling unit.
(2) “ADU, detached” means a freestanding accessory dwelling unit that is not attached or physically
connected to the primary dwelling unit.
19.05.040 D definitions.
“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 1012 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.
(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, special needs housing” means housing not specifically defined by this title, and
which will be processed under the classification most closely related to the proposed use, as
determined by the director.
(9) “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.
(10) “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.
(11) “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.
(12) “Dwelling unit, Accessory dwelling unit (ADU)” means either a freestanding detached structure,
excluding outdoor storage containers, and similar structures used or designed to be used as living
facilities, or an attached part of a structure which is accessory to the main or primary dwelling unit
located on the subject property, providing complete, independent living facilities, including
permanent provisions for living, sleeping, cooking and sanitation. An ADU does not constitute a
second dwelling unit. See FWRC 19.265.020. ADUs include:
(1) “ADU, attached” means an accessory dwelling unit that has one or more vertical and/or horizontal
walls in common with or attached to the primary dwelling unit; and, is separate from the main
dwelling either having no interior connections or having an interior connection that is securable.
(2) “ADU, detached” means a freestanding accessory dwelling unit that is not attached or physically
connected to the primary dwelling unit.
19.195.180 Accessory dwelling units.
The following uses shall be permitted in the suburban estate (SE) zone subject to the
regulations and notes set forth in this section:
19.200.180 Accessory dwelling units.
The following uses shall be permitted in the single-family residential (RS) zone subject to the
regulations and notes set forth in this section:
12. SEPA Exemptions
14.15.030 Categorical exemptions – Flexible thresholds.
(1) The city establishes the following exempt levels for minor new construction defined in WAC 197-
11-800(1)(bd) based on local conditions:
(a) For residential structures, up to 2030 single-family dwelling units and up to 60 multi-family
dwelling units.
(b) For agricultural structures covering up to 10,000 square feet.
(c) For office, commercial, recreational, service or storage buildings up to 12,00030,000 square
feet gross floor area, and up to 4090 parking spaces.
(d) For parking lots up to 4090 parking spaces.
(e) For landfills and excavations up to 5001,000 cubic yards.
(f) For new residential or mixed-use development, limited to the City Center, as designated in
Chapter 7 of the Federal Way Comprehensive Plan, that is consistent with the goals, policies,
density, and intensity of use called for in the Comprehensive Plan.
(g) For new commercial development up to 65,000 square feet gross floor area, excluding any
space used for retail purposes, limited to the City Center, as designated in Chapter 7 of the
Federal Way Comprehensive Plan, that is consistent with the goals, policies, and Cultural
resources. The following mitigation measures shall apply to infill exemption proposals:
(2) For any project considered exempt under the infill provisions of subsection (f) or (g), the following
provisions apply:
(a) exempted projects must meet all development standards of 19.225 (City Center Core) or
19.230 (City Center Frame), as applicable
(b) exempted projects still must comply with:
(i) 19.90 FWRC (Transportation Concurrency Management)
(ii) 19.91 FWRC (Transportation Impact Fees)
(iii) 19.95 FWRC (School Impact Fees)
(iv) 19.96 FWRC (Surface and Stormwater Utility System Development Charges)
(3) For any project considered exempt under the Flexible thresholds, the following shall apply:
(a) In addition to the requirements of Section (2)(b), the City may require a TIA (Traffic Impact
Analysis) as part of the Use Process and project mitigations may be required.
(b) In the event that a future development project is proposed in a location mapped as being
under the influence of the Tacoma Asarco smelter plume, the city shall require that prior to the
issuance of a grading permit or building permit, the applicant shall submit a soil sampling and
cleanup report per the Washington State Department of Ecology Tacoma Smelter Plume
Model Remedies Guidance. If soil contaminants are found to be elevated per the guidance, the
applicant shall remedy the soils per the guidance as a component of the grading permit and
then submit a written approval of cleanup (No Further Action) from the Department of Ecology
following completion of the grading activities. The No Further Action document shall be
submitted to the City of Federal Way Department of Community Development prior to
issuance of any Certificate of Occupancy
(c) In the event that a future development project is proposed on or immediately surrounding
a site containing a known archaeological resource, as defined in Chapter 27.53 RCW, the
potential impacts on the archaeological resource shall be considered; and, if needed, a study
conducted by a professional archaeologist shall be required to be conducted at the applicant’s
expense to determine whether the proposed development project would materially impact the
archaeological resource.
(d) If the impacts on archaeological resources cannot be avoided, the city shall require that the
applicant obtain all appropriate permits consistent with state and federal laws and that any
required archaeological studies are completed before permitting any project that would
disturb archaeological resource(s). Under Chapter 27.53 RCW, a permit must be obtained from
the Department of Archaeology and Historic Preservation (DAHP) prior to disturbing a known
archaeological resource or site. The avoidance of archaeological resources through selection of
project alternatives and changes in design of project features in the specific area of the
affected resource(s) would eliminate the need for measuring or mitigating impacts.
(e) Developers and property owners shall immediately stop work and notify the city, DAHP and
affected tribes if archaeological resources are uncovered during excavation. Following such
notification, the city may require implementation of subsections (F)(1) and (F)(2) of this section.
(f) If impacts cannot be avoided on a historic resource that is determined eligible for listing on
either state or national historic registers, the applicant shall consult with DAHP regarding
mitigation options and shall provide documentation of consultation to the city.
(g) To include DAHP in the review of historic properties within the infill exemption area, the city
will notify the State Historic Preservation Officer (SHPO) regarding proposals involving eligible
or designated historic properties through the evaluation of proposals consistent with Chapter
12.01 KCC. density, and intensity of use called for in the Comprehensive Plan.
(42) Whenever the city establishes new exempt levels under this section, it shall send them to the
State Department of Ecology as required by WAC 197-11-800(1)(c).
(5) For all projects greater than 20 multifamily residential units or 12,000 square feet of non-
residential square footage, the Noticing provisions of of 19.65.070 FWRC will be applied.
13. Unrelated Persons
19.05.060 F definitions.
“Family” means an individual; a group of not more than five individuals; or two or more individuals
related by not more than four degrees of affinity or consanguinity, including persons under legal
guardianship. Any limitation on the number of residents resulting from this definition shall not be
applied to the extent it would prevent the city from making reasonable accommodations to disabled
persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by
the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied
to the extent that it would cause a residential structure occupied by persons with handicaps, as
defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar
residential structure occupied by other related or unrelated individuals. any number of individuals
living together as a single household.
14. Boundary Line Adjustment
18.10.010 Scope.
(1) Boundary line adjustments shall be a minor alteration in the location of lot boundaries on existing
lots. Such alteration shall not increase the number of lots nor diminish in size open space or other
protected environments.
(2) Such alteration shall not diminish the size of any lot so as to result in a lot of less square footage
than prescribed in the zoning regulations.
(3) Such alteration shall not result in the reduction of setbacks or site coverage to less than
prescribed by the zoning regulations.
(4) All lots resulting from the boundary line alteration shall be in conformance with the design
standards of this title.
(5) The boundary line adjustment does not adversely affect storm drainage, water supply, existing or future
sanitary sewage disposal, access easements for vehicles, utilities and fire protection or circumvent
improvement requirements that would be associated with a replat or other new land division approval or an
obligation to pay latecomer fees.