04-19-2022 Annual 2021 Proposed Code AmendmentsAnnual 2021 Proposed Code Amendments
City Council
19 April 2022
CITY OF
Federal Way
Policy Question:
Should the City Council amend Titles 14 (Environmental Policy), 18
(Subdivisions), and 19 (Zoning and Development) to improve clarity,
improve permitting efficiencies, make the City Code more consistent
with recent changes in state law; modify the SEPA flexible thresholds;
and, add a provision for electrified fencing in portions of the
Commercial Enterprise (CE) zone?
CITY OF
Federal Way
Schedule
May 2022:
CITY OF
Federal Way
Council adoption
12 Topical Amendments
1. SEPA Noticing
2. Final Plat Approval (under separate Ordinance)
I Plat Alterations (under separate Ordinance)
4. Comprehensive Plan docket process and noticing
5. Housekeeping items
6. Electrified fencing
7. ADU parking
8. Height for accessory structures
9. ADU Definition clarification
10. SEPA flexible exemptions
11. Unrelated persons
12. Boundary Line Adjustment
CITY OF
Federal Way
Planning Commission Recommendation:
Following a Public Hearing & deliberations:
Approval of the proposed code amendments as
presented.
CITY OF
Federal Way
1. SEPA Noticing
Current Code: SEPA notice includes property posting, posting at City Hall, notice in the
Mirror, notice to interested parties and agencies, notice to owners within 300 feet.
Noticing of the SEPA decision adds notice at the public libraries.
Proposal: exchange libraries for City website.
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. 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. This proposed amendment affects administrative procedures and is
not intended to change the substance of the current regulations.
Commission concern raised: difficulty in accessing information on city
webpages
CITY OF
Federal Way
2. Comp Plan Docket
Current Code: The 1st public discussion opportunity for a proposed Comprehensive Plan
amendment is at LUTC
Proposal: Make the 1st public discussion opportunity the Planning Commission & move
noticing to this meeting
Purpose for Proposed Code Amendment: 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 Planning Commission will afford the opportunity for the community to engage in
a dialogue about proposed amendments prior to them coming to the Council. 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.
CITY OF
Federal Way
3. Housekeeping Items
Current Code: various revisions to 11 sections
Proposal: Clean up code inconsistencies and outdated terms
Purpose for the Proposed code Amendments: 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.
Included:
■ Roosters [19.260.055(3)]
■ Chickens & Ducks [19.260.060(3)]
■ Remove references to Corporate Park (CP) zone [19.115.090(2)]
CITY OF
Federal Way
4. Electrified fencing
Current Code: only permitted to contain large, domestic animals
Proposal: Allow for certain uses in the CE zone & all Government facilities
Purpose of the Proposed Code Amendment: The Mayor and City Council leadership
asked that this be added to the code in order to provide additional security measures
to businesses and city facilities facing increasing incidents of theft.
CITY OF
Federal Way
5. ADU parking
Current Code: Requires 1 parking space for ADUs
Proposal: Remove requirement for parking when ADU is within % mile of major transit
stop. Add definition for "Major Transit Stop"
Purpose for the Proposed Code Amendment: to make the FWRC consistent with the
provisions of RCW 36.70A.698(1), including a definition for "Major Transit stop".
Commission concern raised: can we see map of major transit stops;
and, add limitations from RCW 36.70A.698(2)
CITY OF
Federal Way
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CITY OF
Federal Way
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Map of major
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13. The director may require the provision of 1 off-street parking space for an accessory dwelling unit located
within one -quarter mile of a major transit stop if the director has determined the accessory dwelling unit is located
in an area without access to available street parking capacity within 800 feet of the property.
6. Height for accessory structures
Current Code: floor area and footprint must be less
Proposal: must be not taller than and less square footage
Purpose for the Proposed Code Amendment: Improves clarity.
CITY OF
Federal Way
7. ADU Definition
Current Code: ... providing complet independen living facilities...
Proposal: detached, or attached with no interior connection or interior connection is
securable
Purpose for the 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. 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.
Commission concern raised: could some examples be provided?
CITY OF
Federal Way
Is this an ADU or just an addition?
Is this an ADU or just an addition?
Is this an ADU or just an addition?
CITY OF
Federal Way
Scenario 1:
No access to existing house
Yes
Scenario 2:
Open access to existing
house
3 examples
No
Scenario 3:
Securable (locking) access to
existing house
Yes
8. SEPA flexible thresholds
Current code
Proposal
Proposed Noticing Threshold
Single -Family
20
30
Multi -Family
0
60
1-60 units
Commercial
12,000 sf
30,000 sf
12,001-30,000 sf
Parking
40 spaces
90 spaces
Dirt Movement
500 yd3
1,000 yd3
The latest legislation to increase the exemption thresholds for SEPA (SHB 2673) took
effect in June 2020 (although SIB 5818 may soon increase these thresholds even more).
Commission concern raised: how does this affect public noticing of
new projects?
LUTC concern: Multi -family should always require noticing.
CITY OF
Federal Way
9. Unrelated persons (definition for Family)
Current Code: No more than 5
Proposal: one or more individuals regardless of relatedness living in a residential structure, so long as the
individuals are the functional equivalent of a related family. Whether a particular group of individuals living in a
residential structure is the functional equivalent of a related family is based on the following criteria:
(1) Whether the individuals act as separate roomers;
(2) Whether the individuals include minor, dependent children regularly residing in the household;
(3) Whether expenses for food, rent or ownership costs, utilities, and other household expenses are shared;
(4) Whether use of furniture and appliances is shared;
(5) Whether the individual's relationship constitutes a permanent living arrangement, or is instead a framework for transient living;
(6) Whether occupants maintain a stable composition that does not change for year to year, or within the year;
(7) Whether the individuals are part of a society, fraternity, sorority, lodge, organization, or other group of students or other individuals
where the common living arrangement or basis for the establishment of the common living arrangement is temporary; and,
(8) Whether there are any other factors reasonably related to whether or not the group of individuals is the functional equivalent of a
family
Purpose for the 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.
Commission concern raised: the proposed revised definition would not preclude a
CITY OF ` home to be used as a de facto hotel or boarding house.
Federal Way
10. Boundary Line Adjustment
Current Code: 3 criteria under scope: cannot create extra lot, cannot make a lot too
small for zoning, and cannot reduce property setbacks or exceed lot coverage.
Proposal: add the following to 18.10.010 Scope:
(4) Such alteration shall not adversely affect storm drainage, water supply, existing or future
sanitary sewage disposal, and access easements for vehicles, utilities, and ire protection.
(5) Such alteration shall not circumvent city code requirements associated with a land division
approval, or an obligation to pay latecomer fees.
Purpose of the Proposed Code Amendment: To clarify that the Boundary Line
Adjustment process is not intended to negate requirements otherwise contained in city
code.
CITY OF
Federal Way
Options Considered:
1. Adopt the proposed ordinance.
2. Do not adopt the proposed ordinance and provide direction to
staff.
Questions?
CITY OF
Federal Way