Ord 93-190
ORDINANCE NO.
93-190
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING THE
FEDERAL WAY CITY CODE TO ADD A NEW ARTICLE III
ENTITLED "ANNEXATION," PROVIDING FOR THE
PROCEDURE FOR ADOPTION OF INTERIM ZONING AND
COMPREHENSIVE PLAN DESIGNATIONS, AND INITIAL
ZONE AND COMPREHENSIVE PLAN CLASSIFICATIONS
FOR PROPERTY LIKELY TO BE ANNEXED AND/OR
RECENTLY ANNEXED TO THE CITY AND ESTABLISHING
A PROCEDURE OF CITY PARTICIPATION IN PRE-
ANNEXATION CONCOMITANT AGREEMENTS.
WHEREAS, it is within the interest of the public health,
safety and welfare to provide a procedure to insure that the
initial zoning of annexed territories is in conformance with city
goals, policies and plans; and
WHEREAS, Chapter 35A.14 RCW authorizes a process for
annexation by code cities; and
WHEREAS, RCW 35A.l4.330 authorized the legislative body
of a code city to prepare proposed zoning regulations to be
effective upon the annexation of any area which might reasonably be
expected to be annexed by the code city at any future time; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1.
Amendment.
Chapter 19 of the Federal Way
Code is hereby amended to provide for a new Article III entitled
"Annexation" as follows:
19-46 - 19-99.
Reserved.
ORD. #
93-190
, Page 1
COpy I
19-100.
Annexation
ComDrehensive
Plan
Desianation.
Whenever the Council shall determine that the best interests
and aenera1 welfare of the city would be served bY annexing
territory. the Plannina Manaaer shall cause an examination to
be made of the Comprehensive Plan of the city.
1&
Outdated or No ComDrehensive Plan.
If the Planninq
Manaaer
determines
there
is
no
Comprehensive
Plan
desianation. or if the ComDrehensive Plan desianation is
not current for the area of the proposed or recentlv
annexed
area.
the
Planninq
Manaqer
will
cause
an
application to be made for amendment of the Comprehensive
Plan pursuant to Federal Wav city Code Section 22-236.
l!ù.
CUrrent ComDrehensive Plan.
If the Plannina Manaqer
determines that a current Comprehensive Plan exists for
the proposed or recentlv annexed area.
the Planninq
Manaqer will cause an application to be filed for an
initial zonina desianation accordinq to that process
described in Federal Way Code 19-103.
19-101.
Annexation - rnterim ComDrehensive Plan Desianation.
1&
Established bY Council.
Upon annexation of property and
in the absence of a pre-established Comprehensive Plan
desiqnation therefor. the city Council shall. within the
annexation ordinance. establish an interim classification
for the property on the City's official Comprehensive
Plan map.
The Interim Comprehensive Plan desianation
ORD. # 93-190
, Page 2
shall consist of one of the followinq. at the election of
the council:
ill
Urban Residential Zone.
Property.
includincr all
annexed property not otherwise classified on the
official Comprehensive Plan map. may be classified
as urban residential and shall be croverned bv the
provisions applicable to that Comprehensive Plan
desicrnation as defined in Federal Way Comorehensiye
.ill.
Plan.
Retained Comorehensive Plan Desianation.
The area
annexed to the City shall retain the Comorehensive
Plan
classification
of
its
former
iurisdiction
until
amended bv the city.
To effectuate the
retained
Comorehensive
Plan
desicrnation
as
the
Interim Comprehensive Plan desicrnation.
the city
council shall adopt bv reference the applicable
county comprehensive plan orovisions pursuant to
RCW 35A.13.180.
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Term of Comorehensive Plan Desicrnation.
The Interim
Comprehensive Plan desiqnation shall be
in place no
loncrer
than
12
months
unless
otherwise
provided
by
ordinance.
For all prooerty classified bY an Interim
Comprehensive Plan desiqnation.
the Planninq Manaqer
shall
commence
all
steps
necessary
to
establish
an
initial Comprehensive Plan classification pursuant to the
ORD. # 93-190
, Page 3
procedure described in Federal Way citv Code Section 19-
100(a).
19-102.
Annexation - Interim Zone.
1.äl
Established bY Council.
UDon annexation of property and
in the absence of a pre-established zoninq desiqnation
therefor. the Citv Council shall. within the annexation
ordinance. establish an interim classification for the
property on the city's official zoninq map.
The Interim
Zone shall be consistent with the areas' Comprehensive
Plan
desiqnation
or
Interim
ComDrehensive
Plan
desiqnation and shall be of one of the followinq. at the
election of the Council:
ill
RS-9600 (Residential Sinq1e-fami1Y) Zone. Propertv.
includinq
classified
all
annexed
property
not
otherwise
on
the
official
zoninq map.
may be
classified as RS-9600 zone and shall be qoverned bY
the provisions applicable to that zoninq district
as defined in Federal Wav Zoninq Code Section 22-
631. et seq.: or
ill
Retained Zone.
The area annexed to the citv shall
retain
the
zoninq classification of
its
former
iurisdiction
until
amended
bY
the
city.
To
effectuate the retained zone as the interim zone.
the city Council shall adopt bY reference.
the
applicable county comprehensive plan and
zoninq
provisions pursuant to RCW 35A.13.180.
ORD. #
93-190
, Page 4
1!ù.
Term of Interim Zonina.
The Interim zone shall be in
place no lonqer than l2 months unless otherwise provided
by ordinance.
For all propertv classified in the interim
zone.
the Planninq Manaqer shall commence all
steps
necessary
to
establish
an
official
initial
zoninq
classification pursuant to the procedure described in
Federal Way Citv Code Sections 19-101 and 19-102.
Annexation - Initial Zone Classification.
19-103
l.9.l
Plannina Commission Recommendation.
Upon application bY
the
Planninq
Manaqer
and
upon
completion
of
all
applicable SEPA review. the citv's Planninq Commission
shall hold at least one public hearinq to consider the.
initial zoninq for the area of the proposed or recently
annexed area.
The P1anninq Commission public hearinq
shall constitute the first of the two public hearinqs
reQuired pursuant to RCW 35A.14.340.
The Council shall
hold the second public hearina as set forth in FWCC 19-
l03(b)(2).
ill
Notice.
A notice of the time. place. and purpose
of the hearinq shall be as described in Federal Way
citv
Code
22-521
and.
in
addition.
shall
be
published in a newspaper of aeneral circulation in
the city and in the area to be annexed at least ten
days prior to the hearinq.
ORD. #
93-190
, Page 5
.ill.
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ill
ORD. # 93-190
staff ReDort.
The Planninq Manaaer shall prepare a
staff Report as described in Federal Way Zoning
Code 22-522.
Public Hearina.
The Planninq Commission shall hold
a public hearina on each apPlication. which shall
be ODento the Dublic.
The Plannina Commission
shall make a complete electric sound recordina of
each public hearina.
Public Comments and ParticiDation At the Hearina.
Anv person may participate in the public hearina in
either or both of the followina ways:
.lil
submittinq
BY
written
comments
to
the
Planninq
commission
either
bv deliverinq
these comments to the Plannina Manaqer' s
office prior to the hearina or by qivinq
these directlv to the Plannina Commission at
the hearina.
1.lil
appearina
By
in
throuah
person
or
a
representative at the hearina and makinq
oral
directlY
comments
to
the
Plannina
Commission.
The Planninq Commission may
reasonablY limit the extent of oral comments
to facilitate the orderlY and timelY conduct
of the hearinq.
continuation
of
Hearina.
the
The
Planninq
Commission may continue the hearina if.
for anv
, Page 6
ORD. #
.ill
93-190
reason, they are unable to hear all of the public
comments
on
the
or
matter
if
the
Planninq
commission
determines
that
they
need
more
information on the matter.
If durina the hearina.
the Plannina Commission
announces
the
time
and
place of the next hearina on the matter and a
notice thereof is posted on the door of the hearinq
room,
aiven.
no further notice of the hearinq need be
ill
Recommendation by the Plannina Commission.
.ü..ü
(iii)
il.Y.l
GenerallY.
After considerinq all of the
information and comments submitted on the
matter and followinq the public hearinq, the
Plannina Commission shall issue a written
recommendation to the city Council.
Timina.
Unless a lonqer period is aqreed to
by the applicant.
the Planninq Commission
must
issue the recommendation within ten
workinq days after the close of the public
hearina.
Decisional
criteria.
The
Plannina
commission shall use the criteria listed in
FWCC section 19-103 (b) (5).
Conditions and Restrictions.
The Planninq
commission
include
in
the
written
shall
recommendation
conditions
and
anv
, Page 7
ORD. #
93-190
iY.l.
restrictions that the Planninq Commission
determines
are
reasonably
to
necessary
eliminate
or
minimize
undesirable
anv
effects of qrantinq the application.
include
Contents.
The Planninq Commission shall
the
followina
in
the
written
recommendation to City Council:
1&
lID.
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, Page 8
A statement of facts presented to the
Plannina commission that supports its
recommendation.
includinq
any
conditions and restrictions that are
recommended.
A
statement
Planninq
of
the
commission's conclusions based on those
facts.
A statement of the criteria used bv the
Plannina
commission
in
makina
the
recommendation.
The
issuance
the
date
of
of
recommendation
and
of
the
summary
riqhts. as established in this article.
of the applicant and others to request
reconsideration and to challenae the
recommendation
the
Planninq
of
commission.
1.Yil
Distribution of Written Recommendation.
The
P1anninq Manaqer shall distribute copies of
the
recommendation
of
the
P1annina
Commission within two workina days after the
Planninq Commission I s written recommendation
is
issued.
a
COpy will
be
sent
to
the
applicant.
to
each
person
who
submitted
written or oral testimony to the Planninq
commission
and
to
each
person
who
specificallY requested it.
1.!ù.
Council Action.
Upon receipt of the recommendation of
the Plannina Commission for the initial zonina of the
area recently annexed or proposed to be annexed. and at
least thirty days
followinq the Plannina Commission
public hearinq on the matter. the Council shall hold a
public hearinq on the application.
1.!.l
Notice.
A notice of the time. place. and purpose
of the hearinq shall be as described in Federal Wav
city
Code
22-521
and.
in
addition.
shall
be
published in a newspaper of aeneral circulation in
the city and in the area proposed to be or recentlv
annexed at least ten days prior to the hearinq.
ill
Public Hearinq.
The Council shall hold its own
public hearina on each application. which shall be
open to the public.
The Council
shall make a
ORD. #
93-190
, Page 9
ORD. #
ill
ill.
93-190
complete electric sound recordinq of the Dub1ic
hearinq.
Public Comments and Participation At the Hearina.
Any Derson may particiDate in the public hearina in
either or both of the followinq wavs:
lil.
submittinq
Bv
written
comments
to
the
Council either bY deliverinq these comments
to the city Clerk's office prior to the
hearina or bY aivinq these directlY to the
Council at the hearinq.
.ü..U
appearinq
in
BY
throuqh
person
or
a
representative at the hearinq and makinq
oral comments directlY to the Council.
The
Council may reasonably limit the extent of
oral comments to facilitate the orderlv and
timely conduct of the hearinq.
continuation of
Hearina.
the
Council
The
may
continue the hearinq if. for any reason. they are
unable to hear all of the public comments on the
matter or if the Council determines that they need
more information on the matter.
If durina the
hearinq. the Council announces the time and place
of the next hearinq on the matter and a notice
thereof is posted on the door of the hearinq room.
no further notice of the hearinq need be aiven.
, Page 10
.Œl
Decisional
Criteria.
The
citv
Council
shall
approve the recommended zoninq classification on
if:
ill It is consistent with the Comprehensive
Plan:
ilil. It is consistent with all applicable
provisions of the chapter. inc1udinq those
adopted by reference from the Comprehensive
Plan:
(iii)
It is consistent with the public. health.
safety and welfare.
1.2.l.
Decision.
After consideration of the entire matter
before the record of the Planninq Commission, and
at the close of the public hearinq on the matter.
the citv Council shall. bv ordinance approved bv a
maiority
of
thå
total
membership,
adopt
an
ordinance
establishina
the
initial
zonina
desiqnation for the area.
l.çl
Effectiveness.
The ordinance adoptinq the initial zone
classification shall be effective thirty davs after its
passaqe and publication if the area affected bY the
ordinance has
been
annexed to the
City:
or
if
the
affected area has not yet been annexed to the city. shall
be effective upon annexation of the area into the city.
The
city
Clerk
shall
file
a
certified
COpy
of
the
ORD. #
93-190
, Page 11
1Ql
19-104.
1&
1.Ql
ORD. #
ordinance and any accompanyinq maps or plats with the
Countv Auditor.
Judicial Review.
The action of the city mav be reviewed
for il1eqal. corrupt. or arbitrary and capricious action
in the County suDerior Court.
The Petition for Review
must be filed within fourteen days after the date of the
hearinq at which the Council acted to Dass the written
ordinance.
Pre-annexation Concomitant Aqreement.
PurDose.
The intent of a pre-annexation concomitant
aqreement is to create a process to Dromote diversity and
creativity in site desiqn and to protect and enhance
natural and community features.
The process is provided
to encouraqe unique develoDments that mav combine a
mixture of residentiaL commerciaL office and industrial
uses.
Bv usinq flexibility in the provisions of a Dre-
annexation
concomitant
this
process
will
aqreement.
promote developments that will benefit the citizens that
live and/or work within the city.
ADDlication
DescriDtion.
General
Process
The
application process includes an informal review process.
state Environmental policv Act compliance. review bv the
ci tv's Lonq-Ranqe Planninq Division and Annexation Review
Committee ("Committee") and public hearinqs before the
city Council.
93-190
, Page 12
l.çl
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III
1.gl
ORD. #
Committee
Defined.
city.s
The
Annexation
Review
Committee shall consist of at a minimum:
city Manaqer.
Plannina Manaaer.
Public Works
Director.
Development
Services Manaaer. Parks Director and city Attorney.
Xnformal
Review
Process.
applicant
An
shall
meet
informallY with the Committee to discuss anv proposed
pre-annexation concomitant aqreement.
The purpose of the
meetina is to develoD a proDosal that will meet the needs
of the applicant and the ob;ectives of the city as
defined in this ordinance.
SEPA.
The State Environmental Policy Act reau1ations.
and city SEPA requirements shall be completed prior to
formal review bY the Lonq-Ranqe Planninq Division and the
Committee.
Concomitant Review. After informal review and completion
of the SEPA process. the proposals shall next be reviewed
bY the
City's
the
Planninq
Division
Lonq-Ranqe
and
Committee.
Recommendation to citv Council.
The Planninq Manaqer
shall prepare a recommendation to the city Council on the
proposed
pre-annexation
concomitant
aqreement.
which
recommendation shall
incorDorate the comments of the
committee.
.ill
Decisional criteria.
The recommendation shall be
quided bY the fo1lowinq criteria:
93-190
, Page 13
ORD. #
93-190
ill
1...i..U
(Hi)
(a)
The proposed ore-annexation concomitant
aqreement shall have a beneficial
effect
uPon
the
users
community
and
of
the
development
which
would
not
normally
be
achieved bv traditional application of Citv
zonina districts and shall not be
detrimental to existinq or potential
surroundina land uses as defined bY the
Comprehensive Plan.
(b)
Benefits
include.
but
mav
are
not
limited to. the securina of annexation of
DroDerties:
.:.
located
on
critical
transDortation
corridors:
.:.
of historical sianificance:
.:.
of environmental sianificance:
.:.
or to oreserve an existina sianificant
land use or community.
Unusual environmental features of the site
shall
be
maintained
preserved.
and
incorporated into the desiqn to benefit the
development in the cornrnunitv.
The
proposed
pre-annexation
concomitant
shall provide for areas of openness by usinq
techniques such as clusterinq. separation of
, Page 14
ill
ORD. # 93-190
.liYl
1.Yl
Content.
buildinq qroups.
and use of well-desiqned
open space and/or landscapinq.
It
is
Comprehensive
consistent
with
the
Plan.
It is consistent with the public health.
safety and welfare.
The
recommendation
Council
to
shall
include any conditions or restrictions that the
commi ttee determines are reasonabl v necessarv to
eliminate or minimize any undesirable effects of
approvinq
the
pre-annexation
concomitant
include:
application.
In addition. the recommendation shall
ill
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.ti.iil
1iY1.
1.Yl
A
statement
approval.
recommendinq
modification or denial of the application.
Any
conditions
are
restrictions
that
or
imposed.
The identification of the existinq Federal
Way Boninq desicmation most comÞatible to
the
terms
concomitant.
which the
of
the
concomitant shall overlay.
A
statement
the
of
facts
that
support
decision.
inc1udinq
conditions
and
any
restrictions that are imposed.
A
statement of
on
conclusions
the
based
those facts.
, Page 15
1.Yil
A statement of the criteria used in makinq
the recommendation.
(vii)
The date of the recommendation.
1hl.
Council Action.
Council action shall be as described in
Federal Way Zoninq Code Section 19-103(b). (c) and (d).
section 2.
Severability.
If any section, subsection,
clause or phrase of the sections herein are for any reason held to
be invalid or unconstitutional, such invalidity or unconstitution-
ality shall not affect the validity or constitutionality of the
remaining portions of the chapter.
Section 3.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
Section 4.
Effective Date.
This ordinance shall be
effective
thirty
(30)
days
after
passage
and
publication
as
provided by law.
PASSED by the city Council of the city of Federal Way
this
9th
day of
November
, 1993.
FEDERAL WAY
)¡¿~
ORD. #
93-190
, Page 16
APPROVED AS TO FORM:
CI~'M'ORN~LYN A.
LAKE
FILED WITH THE CITY CLERK: October 13, 1993
PASSED BY THE CITY COUNCIL: November 9, 1993
PUBLISHED: November 13, 1993
EFFECTIVE DATE: December 9, 1993
ORDINANCE NO. 93-190
MAR YKlO RD IPREANNEX . 0 RD
ORD. #
93-190
, Page 17