Ord 97-295
ORDINANCE NO. 97-295
AN ORDINANCE OF THE CllY COUNCIL OF THE CllY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22
OF THE FEDERAL WAY ZONING CODE, PERTAINING TO- -
LAND USE AND ZONING, ADOPTING A NEW DEFINITION,
REVIEW PROCEDURES, AND SITING CRITERIA FOR
ESSENTIAL PUBLIC FACILITIES, AS REQUIRED BY THE
GROWTH MANAGEMENT ACT, RCW 36.70, AND THE
FEDERAL WAY COMPREHENSIVE PLAN.
A.
The Growth Management Act (WAC 365-195 sections 365-195) and the
Federal Way Comprehensiye Plan (LUP5O) requires that the City establish a definition
and review process for proposed essential public facilities; and
B.
Amendments to the Federal Way City Code (FWCC) text are authorized
pursuant to FWCC Sections 22-216 and 22-217 pursuant to Process IV review; and
C.
The Federal Way City Council has considered proposed chan¡;¡es to the
FWCC relating to establishing a definition for essential public facilities, creating a review
process and siting criteria for essential public facilities; and
D.
The Federal Way City Council, pursuant to FWCC 22-517, having
determined the proposed changes to be worthy of legislative consideration, referred the
proposed changes to the Federal Way Planning Commission for its review and
recommendation; and
E.
The City of Federal Way SEPA responsible official has issued a
Determination of Non-significance on these code amendments; and
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F.
The public was given opportunities to comment on the proposed code
amendments during the Planning Commission review; and
G.
The Federal Way Planning Commission, having considered the proposed
code amendments at a public hearing during 1997 on April 2, pursuant toFWCC Section
22-523, and all public notices having been duly given pursuant to FWCC Section 22-521;
and
H.
Following the public hearings, the Planning Commission submitted to the
land Use and Transportation Committee of the City Council its recommendation in favor
of proposed zoning text amendments affecting various sections of the FWCC as noted
previously; and
I.
The Federal Way land Use and Transportation City Council Committee met
on April 21, 1997 to consider the recommendation of the Planning Commission and has
moved to forward the proposed code amendments, with modifications to the full City
Council; and
J.
There was sufficient opportunity for the public to comment on the Proposal;
NOW, THEREFORE,
THE CITY COUNCil OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOllOWS:
Section 1. FindinQs. After full and careful consideration, the City Council of the
City of Federal Way makes the following findings with respect to the Proposal and the
proposed amendments to the Federal Way City Code ("FWCC"):
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1.
The Washington State enacted the Growth Management Act which requires
the siting of essential public facilities under RCW 36.70A; and
2.
The City of Federal Way's Comprehensive Plan contains the policy
statement, LUP50, "Amend the City Code to include a list of locally deflAed essential
public facilities and an appropriate land use review process" ; and
3.
Class I facilities of a state, regional or county wide nature may be difficult
to site and generally unpopular; and
4.
Class II facilities are local in nature and have been reviewed within the last
two years in the group home code amendments and the 1724 code amendments;
5.
The Federal Way SEPA responsible official issued a Determination of Non-
significance on March 9, 1997 on this code amendment; and
6.
The proposed code amendments would not adversely affect the public
health, safety or welfare; and
7.
The Planning Commission, following notice thereof as required by RCW
35A.63.070, held public hearings on the proposed code amendments and has considered
the testimony, written comments, and material from the public by and through said
hearings.
Section 2. Conclusions. Pursuant to FWCC Section 22-217 and based upon
the Findings set forth in Section 1, the Federal Way City Council makes the following
Conclusions of Law with respect to the decisional criteria necessary for the adoption of
the Proposal:
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1.
The proposed code amendments are consistent with the following
Comprehensive Plan policy:
LUP50-Amend the City Code to include a list of locally defined essential
public facilities and an appropriate land use process.
2.
The proposed code amendments bear a substantial relationship to the
public health, safety and welfare because it addresses concerns for the
public health, safety, and welfare by establishing a definition, siting criteria,
and review process fOr essential public facilities that are consistent with
state law and reflect a reasoned balance between the rights of property
owners and the broader community interest.
Section 3. Amendments. The Federal Way Zoning Code, Chapter 22, is
amended as follows:
Section 22-1 Definitions
Essential Dublic facility is anv facility or conveyance which has the followina
attributes:
1. It is typically difficult to site due to unusual site requirements andlor sianificant
public opposition:
2. It is necessary component of a system. network or proaram which proyides a
public service or aood:
3. It is owned or operated by a unit of local or state aoyernment. private. or
nonprofit oraanization under contract with or receivina aovernment fundina. or private
firms subiect to a public service obliaation:
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4. It meets a aeneral and/or specific cateaorv for facility types or indiYidual
facilities listed below in Class I and Class II essential public facilities.
a. Class I: Facilities of a County. Reaional or State-wide Nature
Those essential public facilities intended to serve a populatiorT base that
extends sianificantly beyond the boundaries of the City and which may
include seyerallocal jurisdictions or a sianificant share of the Puaet Sound
reaional population. Such facilities may include. but are not limited to. the
followina:
1. State or reaional education facilities (except minor branch facilities)
a. Research facilities
b. Uniyersity branch campuses
c. Community Colleae
2. State or reaional transportation facilities
a. Liaht and/or standard rail lines
b. Commuter terminals
c. Transit centers
d. Park and Ride Lots in residential zones
3. State or reaional correctional facilities
4. Solid waste handline facilities{ arae scale)
a. Transfer station
b. Recyclina center
5. Sewaae treatment plants
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6. Power Plants
b. Class II: Facilities of a Local Nature. Those essential public facilities that are
intended to meet the service needs of the local community. In any cases local
facilities are characterized by proyidina some type of in-patient care-. assistance.
or monitorino. Such facilities may include. but are not limited to the followina:
1. Substance abuse facilities
2. Mental health facilities
3. Group Homes/Special Need Housina
4. Local schools
a. Elementarv school
b. Middle school
c. Hiah School
5. Social service transitional housina
a. Domestic violence shelter
b. Homeless shelter
c. Work-release
Sec. 22-946.1 Essential Public Facilities
(a) Generally. The review and sitina of essential public facilities shall conform
to the followina:
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1,.
Class 1 facilities shall be reviewed under Process IV. Hearinas Examiner
Decision. Project review shall also include those special provisions outlined in
part b of this Section.
L.
Class II facilities shall be reyiewed under the zonina provisions and
processes found in their respective zonina districts. UNLESS thev are found to
be exempt under the Federal Fair Housina Act. in which case such exemption
does not implv an exemption'from applicable buildina or structural standards.
!Ql
Site evaluation criteria. The followina criteria will be utilized in eyaluatinq
sitina proposals made bv sponsorinq aaencies or oraanizations seekina to site
Class I essential public facilitv in Federal Wav. These criteria encompass an
evaluation of reaional and/or local need and local site suitabilitv for the
proposed facilitv. Findinas concernina the proposal's conformance with each
criteria shall be included in the documentation of anv Citv decision relative to
the proiect.
1. Demonstration of Need. Proiect must establish the need for their proposed
facilitv. Included in the analvsis of need should be the proiected service
population. an inventory of existina and planned comparable facilities. and an
assessment of demand for this tvpe of essential public facilitv.
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97-295
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2. Relationship of Service Area to Population. The facility should service a
share of Federal Way's population within the City. The proposed site should
also be in a location that reasonably serves its over-all service area population.
3. Minimum Site Requirements. Project sponsors shall submit documentation
showino the minimum site requirement needs for the facility. Site requirements
may be determined bv any or all of the followinq parameters: minimum size of
the facility. access. necessarv on-site support facilities. topoqraphv. qeoloqv
and soils. and mitiqation requirements. The sponsor shall also identify any
future expansions of the facility.
4. Alternative Site Selection. The sponsor shall document whether any
alternative site have been identified that meet the minimum site requirements
of the facility. VVhere a proposal involves expansion of an existinq site. the
documentation should indicate why relocation of the facility to another site
would be infeasible.
5. Concentration of Essential Public Facilities. In considerinq a proposal. the
City shall examine the overall concentration of these facilities within the City to
avoid placino undue burden on any one neiqhborhood.
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6. Public Participation. Sponsors shall conduct local out reach efforts with early
notification to prospective neiQhbors to inform them about the project and to
enaaQe local residents in site planninQ and mitiaation desiQn prior to the
initiation of formal hearinos.
7. Proposed Impact MitiQation. the proposal must include adequate and
appropriate mitiaation measures for the impacted area and neiqhborhood.
Mitiqation measures mav include. but are not limited to natural features that
mav serve as buffers. other site desiQn elements used in the development plan.
and/or operational or other proQrammatic measures contained in the proposal.
The proposed measures should be adequate to substantiallv reduce or
compensate for anticipated adverse impacts on the local environment.
Section 4. Severabilitv. The provisions of this ordinance are declared separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance or the invalidity of the application thereof to any
person or circumstance, shall not affect the validity of the remainder of the ordinance,
or the validity of its application to other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force
five (5) days from the time of its final passage, as provided by law.
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day
PASSED by the City Council of the City of Federal Way this )D-tI;:.
of J1(Átr
I
, 1997.
CITY OF FEDERAL WAY
/~aÁ(2§
MAYOR, MAHLON S. PRIEST
~2æ<JL ~
CI CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
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¿./~í~OO:r-íEy, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
04-29-97
PASSED BY THE CITY COUNCIL: 05-20-97
PUBLISHED:
05-24-97
EFFECTIVE DATE:
ORDINANCE NO.
05-25-97
97-295
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