Ord 99-337
ORDINANCE NO. 99-337
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, ADOPTING AMENDMENTS TO DEVELOPMENT
REGULATIONS CONTAINED IN CHAPTER 22 OF THE FEDERAL
WAY CITY CODE.
WHEREAS, the Growth Management Act of 1990, as amended, (Chapter 36.70A
RCW or "GMA") requires the City of Federal Way to adopt a comprehensive plan ("Plan") which
includes a land use element (including a land use map), a housing element, a capital facilities plan
element, a utilities element and a transportation element (including transportation system map(s));
and
WHEREAS, the GMA also requires the City of Federal Way to adopt development
regulations implementing and amending its Comprehensive Plan; and
WHEREAS, under RCW 36.70A.130, the Plan and development regulations are
subject to continuing review and evaluation, but the Plan may be amended no more than one time
per year; and
WHEREAS, the City considers Plan and deyelopment regulation amendments
pursuant to Article IX, Chapter 22 of the Federal Way City Code ("FWCC"); and
WHEREAS, the City wishes to clarify and amend procedures provided in the FWCC
for amendments to its Plan and development regulations; and
WHEREAS, the City of Federa! Way, through its staff, Planning Commission, City
Council committees, and full City Council has received, discussed and considered the testimony,
written comments and material from the public concerning Plan and development regulation
ORD#
99-337
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amendment procedures as follows:
I. The City's Planning Commission considered the proposed Plan and development
regulation amendment procedures, at a public hearing held on December 2, 1998, following which
it approved and recommended adoption of certain Plan and deyelopment regulation amendment
procedures;
2. The Land Use and Transportation Committee of the Federal Way City Council met
on January 4, 1999 and February I, 1999 to consider the recommendation of the Planning
Commission and amendments thereto, and to take public comment.
The Land Use and
Transportation Committee then moved the Plan and development regulation amendment procedures,
with amendments, to the full Council with a recommendation that the Council adopt them; and
3. The full City Council considered the matter at its meetings on February 16, 1999
and March 2. 1999; and
WHEREAS, the City Council desires to adopt the recommended Plan and
deyelopment regulation amendment procedures;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section I. Findings
After full and careful consideration, the City Council of the
City of Federal Way makes the following findings:
A. The proposed amendments to the Plan and development regulations amendment
procedures as set forth in Exhibit A hereto, bear a substantial relationship to public health, safety,
and welfare, are in the best interests of the residents of the City, and are consistent with the
requirements of RCW 36.70A, and the applicable portions of the comprehensive plan.
ORD # 99-337
,PAGE 2
B. The proposed amendments to the Plan and development regulations amendment
procedures, as set forth in Exhibit A shall provide for an orderly and predictable process to be
followed in the annual comprehensiye plan and development regulation amendment process.
Section 2. Deyelopment Re\,!ulations Amendments AdoDtion. The development
regulations of the City of Federal Way, specifically, Chapter 22 of the FWCC, are hereby amended
as set forth in Exhibit A, a copy of which is on file with the Office of the City Clerk and which
documents are hereby incorporated by this reference as if set forth in full.
Section 3. Amendment Authority. The adoption of development regulation
amendments in Sections I and 2 aboye is pursuant to the authority granted by Chapters 36.70A and
35A.63 RCW, and pursuant to FWCC 22-537.
Section 4. Severability. The provisions of this ordinance are declared separate and
seyerable. The inyalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the inyalidity 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. Savin!1:s Clause. Chapter 22 of the Federal Way City Code, shall remain
in force and effect until the amendments thereto become operatiye upon the effectiye date of this
ordinance.
Section 6. Ratification. Any act consistent with the authority and prior to the
effectiye date of this ordinance is hereby ratified and affmned.
Section 7. Effective Date. This ordinance shall take effect and be in force fiye (5)
days from and after its passage, approval, and publication, as provided by law.
ORD # 99-337
,PAGE 3
PASSED by the City Council of the City of Federal Way this
2nd
MaTch
,1999.
CITY OF FEDERAL WAY
~
MA YOR:RONALD L. ~
'It Ûtik~~
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~ ~ONDI K.'LIN~L
FILED WITH THE CITY CLERK: 2/15/99
PASSED BY THE CITY COUNCIL: 3/2/99
PUBLISHED: 3/6/99
EFFECTIVE DATE: 3/11/99
ORDINANCE NO. 99-337
',IAMNDPROCIORDINNCE.2
ORD # 99-337
,PAGE 4
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ARTICLE IX. PROCESS VI REVIEW*
*Cross reference(s)--Requirements for drainage review, 21-
87; power and jurisdiction of the planning commission, 22-59;
amendments to the zoning regulations to be processed under the
process VI procedure, 22-216; amendments to the comprehen'sive
plan to be processed through process VI review procedures, 22-
236; comprehensive plan, 22-236 et seq.; legislative rezoning,
22 et seq.; amendments, 22 et seq.; legislative
rezoning of certain districts to be under process VI review,
22-276.
Sec. 22-516. Purpose.
Various places in this chapter indicate that certain
proposals. to amend the zoning map through a legislative rezone,
amend the text of this chapter, or amend the comprehensive plan
must be reviewed and decided upon using process VI. This article
describes process VI.
(Ord. No. 90-43, 2(160.05), 2-27-90; Ord. No. 91-112,
1(160.05), 12-3-91; Ord. No. 97-291, 3, 4-1-97)
Sec. 22-517. Initiation of proposals.
A proposal that will be reviewed using this article may be
initiated by the city council council committee, or requested
by the planning commission, city staff, or any interested person,
including applicants, citizens, hearing examiners, and staff of
other agencies.
(Ord. No. 90-43, 2(160.10), 2-27-90; Ord. No. 91-112,
1(160.10), 12-3-91; Ord. No. 97-291, 3, 4-1-97)
Cross reference(s)--City council, 2-26 et seq.; planning
commission, 22-56 et seq.
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Sec. 22-518 Docket
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8ee.—�–T1-8– Sec 22-519. Compliance with State Environmental
Policy Act.
The State Environmental Policy Act applies to some of the
decisions that will be made using this article. The director of
community development.services shall evaluate each proposal and,
where applicable, comply with the State Environmental Policy Act
and with state regulations and city ordinances issued under
authority of the State Environmental Policy Act.
(Ord. No. 90-43, 2(160.15), 2-27-90; Ord. No. 91-112,
1(160.15), 12-3-91; Ord. No. 97-291, 3, 4-1-97)
8e�°•�"'�i-9– Sec 22-520. City council review.
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�n�Rx�eal of the comFrehensive plan or amendments thereto or in
�rher circumGrances as provided for b,y RCW 36 70A 130(2)(al
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The city council may request, throuqh the City Manager, that
the department of community development services or any other
department of the city provide any information or material on the
proposal(s), consistent with section 22-531.
(Ord. No. 90-43, 2(160.20), 2-27-90; Ord. No. 91-112,
1(160.20), 12-3-91; Ord. No. 97-291, 3, 4-1-97)
Cross reference(s)--City council, 2-26.
(Ord. No. 90-43, 2(140.25), 2-27-90; Ord. No. 97-291, 3, 4-1-
97)
Sec 22-521 �iming of Filing• Notice
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Sec. 22-522. Application.
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Sec 22-523 Criteria for prioritizinQ vlan amendment requests
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B. The City Council shall consider the following criteria
following a nublic hearing in selectinq the comprehensive plan
amendments to be considered during the upcoming cycle:
Whether the proposed amendment is consistent with
the overall vision of the com�rehensive lp an
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v�1,�mP of req�ests received. A�arge volume of
requests may necessitate that some rec�xests be
reviewed in a subsequent year.
�Z Order of reaues�s received.
D. Based on its review of requests according to the
criteria in Paragraphs B and C above, the Council shall determine
which reguests shall be further consiciered for adoption, and
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shall forward those r q�PGts to the planning commiGG�nn for its
review and recommend�t�on
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Sec 22-524 Preapplications rec�ired
�e�-�r.''-��'r�.'�-5. Sec. 22-525 Legislative rezones.
A legislative rezone is a rezone that meets the following
criteria:
a. It is initiated by the city; and
C b. It includes a large number of properties which would be
similarly affected by the proposed rezone.
All other rezones not meeting the above criteria are treated as
quasijudicial rezones and are reviewed and decided upon using
process V.
(Ord. No. 90-43, 2(130.10), 2-27-90; Ord. No. 97-291, 3, 4-1-
97)
�e Sec. 22-526 Criteria for approving a legislative
rezone.
The city may decide to approve a legislative rezone only if
it finds that:
(1) The proposal is consistent with the comprehensive plan;
(2) The proposal bears a substantial relation to public
health, safety, or welfare; and
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(3) The proposal is in the best interest of the residents
of the city.
(Ord. No. 90-43, 2(130.20), 2-27-90; Ord. No. 97-291, 3, 4-1-
97�
�e� Sec. 22-527 Map change.
If the city approves a legislative rezone it will give
effect to this decision by making the necessary amendment to the
zoning map of the city.
(Ord. No. 90-43, 2(130.25), 2-27-90; Ord. No. 97-291, 3, 4-1-
97)
�e': �ec. 22-528. Zoning text amendment criteria.
The city may amend the text of this chapter only if it finds
that:
(1) The proposed amendment is consistent with the
C applicable provisions of the comprehensive plan;
(2) The proposed amendment bears a substantial relation to
public health, safety, or welfare; and
(3) The proposed amendment is in the best interest of the
residents of the city.
(Ord. No. 90-43, 2(135.15), 2-27-90; Ord. No. 97-291, 3, 4-1-
97)
�'.c- Sec. 22-529. Factors to be considered in a
comprehensive plan amendment.
The city may consider, but is not limited to, the following
factors when considering a proposed amendment to the
comprehensive plan:
(1) The effect upon the physical environment.
(2) The effect on open space, streams, and lakes.
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(3) The compatibility with and impact on adjacent land uses
and surrounding neighborhoods.
(4) The adequacy of and impact on community facilities
including utilities, roads, public transportation,
parks, recreation, and schools.
(5) The benefit to the neighborhood, city, and region.
(6) The quantity and location of land planned for the
proposed land use type and density and the demand for
such land.
(7) The current and projected population density in the
area.
(8) The effect upon other aspects of the comprehensive
plan.
•i•_-
(Ord. No. 90-43, 2(140.15), 2-27-90; Ord. No. 97-291, 3, 4-1-
97)
�e�-�.'�-5L-3. Sec. 22-530. Criteria €or amending the comprehensive
plan.
The city may amend the comprehensive plan only if it finds
that:
(1) The proposed amendment bears a substantial relationship
to public health, safety, or welfare; and
(2) The proposed amendment is in the best interest of the
residents of the city.
(3) The proposed amendment is consistent with the
requirements of RCW 36.70A and with the portion of the
city's adopted plan not affected by the amendment.
(Ord. No. 90-43, 2(140.20), 2-27-90; Ord. No. 97-291, 3, 4-1-
97)
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DP����'��- Sec. 22-531 Official file.
(a) Contents. The director of community development services
shall compile an official file containing all information and
materials relevant to the proposal and to the city's
consideration of the proposal.
(b) Availability. The official file is a public record. It
is available for inspection and copying in the department of
community development during regular business hours.
l
(Ord. No. 90-43, 2(160.25), 2-27-90; Ord. No. 91-112,
1(160.25), 12-3-91; Ord. No. 97-291, 3, 4-1-97)
De°. Sec 22-532. Notice.
Notice provisions under this section shall be followed for
both the public hearing during which all requests for changes to
the zoning map, zoning text, and the comprehensive plan are
prioritized, as well as the public hearing held on individual
requests.
(a) Contents. The director of community development
services shall prepare a notice of each proposal, for
which a public hearing will be held, containing the
following information:
(1) The citation, if any, of the provision that would
be changed by the proposal along with a brief
description of that provision.
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(2) A statement of how the proposal would change the
affected provision.
(3) A statement of what areas, zones, or locations
will be directly affected or changed by the
proposal.
(4) The date, time, and place of the public hearing.
(5) A statemer�t of the availability of the official
file.
(6) A statement of the right o£ any person to submit
written comments to the planning commission and to
appear at the public hearing of the planning
commission to give comments orally.
(b) Distribution. The director of community development
services shall distribute this notice at least 14
calendar days before the public hearing
followina the }�rocedLres of Se 22-521 In addir;on
C the procedures of S in 22-481 shall be fol ow �7 for
site reguests regardincL nqtifi�ar;nn of
adiacent �roperty owners posting of the site
'Ti e---v�--��9 �pua=i�sr�a—i�-�-- i�--
(Ord. No. 90-43, 2(160.30), 2-27-90; Ord. No. 91-112,
1(160.30), 12-3-91; Ord. No. 97-291, 3, 4-1-97)
e �ec. 22-533. Staff report.
(a) General. The director of community development services
shall prepare a staff report containing:
(1) An analysis of the proposal and a recommendation on the
proposal; and
(2) Any other information the director of community
10 EXH1��
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t. development services determines is necessary for
consideration of the proposal, consistent with section
i�T 22-529.
(b) Distribution. The director of community development
services shall distribute the staff report as follows:
(1) A copy will be sent to each member of the planning
commission prior to the hearing.
(2) A copy will be sent promptly to any person reguesting
it.
(Ord. No. 90-43, 2(160.30), 2-27-90; Ord. No. 91-112,
1(160.30), 12-3-91; Ord. No. 97-291, 3, 4-1-97)
�ee--�--53-0— Sec. 22-534. Public hearing.
(a) Generally. The planning commission shall hold public
hearings on each proposal, consistent with section Z�= �2-535,
unless the city counc�l el r to hold its own hearings on the
pronosal, in which case �lanninq commission review pursLant to
this art?�1P shall not be rec�uired.
(b) Open to public. The hearings of the planning commission
are open to the public.
(c) Effect. Exce as �rovided in subsection (a) above the
hearing of the planning commission is the hearing for city
council. City council need not hold another hearing on the
proposal.
(Ord. No. 90-43, 2(160.40?, 2-27-90; Ord. No. 91-112,
1(160.40), 12-3-91; Ord. No. 97-291, 3, 4-1-97)
6-e°.��-3�- �ec. 22-535. Material to be considered.
(a) Generally. Except as specified in subsections (b) and
(c) of this section, the planning commission and city council may
consider any pertinent information or materials in reviewing and
deciding upon a proposal under this article.
(b) Exclusion. Except as specified in subsection (e) of this
11 EXHIB�1° A
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section, the city may not consider a specific site plan or
project in reviewing and deciding upon a proposal under this
process.
(c) Exception for environmental information. If a proposal
that will be decided upon using this article is part of a
specific project, the city may consider all information
pertaining to SEPA environmental review and submitted under
section "�Q 22-519 in deciding upon that proposal.
(Ord. No. 90-43, 2(160.45), 2-27-90; Ord. No. 91-112,
1(160.45), 12-3-91; Ord. No. 97-291, 3, 4-1-97)
e�. Sec 22-536. Electronic sound recordings.
The planning commission shall make a complete electronic
sound recording of each public hearing.
(Ord. No. 90-43, 2(160.50), 2-27-90; Ord. No. 91-112,
1(160.50), 12-3-91; Ord. No. 97-291, 3, 4-1-97�
�e��^.�T, Sec. 22-537. Public co�ent and participation at the
hearing.
Any interested person may participate in the public hearing
in either or both of the following ways:
(1) By submitting written comments to the planning
commission either by delivering these comments to the
department of community development services prior to
the hearing or by giving them directly to the planning
commission at the hearing.
(2) By appearing in person, or through a representative, at
the hearing and making oral comments. The planning
commission may reasonably limit the extent of oral
comments to facilitate the orderly and timely conduct
of the hearing.
(Ord. No. 90-43, 2(160.55), 2-27-90; O`rd. No. 91-112,
1(160.55), 12-3-91; Ord. No. 97-291, 3, 4-1-97)
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12 PAG E l�
C DCG: Ti L' �i. Sec. 22-538 Continuation of the hearing.
The planning commission may, for any reason, continue the
hearing on the proposal. If, during the hearing, the planning
commission announces the time and place of the next public
hearing on the proposal and a notice thereof is posted on the
door of the hearing room, no further notice of that hearing need
be given.
(Ord. No. 90-43, 2(160.60), 2-27-90; Ord. No. 91-112,
1(160.60), 12-3-91; Ord. No. 97-291, 3, 4-1-97)
&e°.�-� �ec. 22-539. Planning commission--Recommendation.
(a) Generally. Following the public hearing, the planning
commission shall consider the proposal in light of the decisional
criteria in sections z'-�-r 22-526 or 528 or �-�-5 530, and
take one of the following actions:
(1) If the planning commission determines that the proposal
should be adopted, it may, by a majority vote of the
C entire membership, recommend that eity council adopt
the proposal.
(2) If the planning commission determines that the proposal
should not be adopted, it may, by a majority vote of
the members present, recommend that city council not
adopt the proposal.
(3) If the planning commission is unable to take either of
the actions specified in subsection (a)(1) or (a)(2) of
this section, the proposal will be sent to city council
with the notation that the planning commission makes no
recommendation.
(b) Modification of proposal. The planning commission may
modify the proposal in any way and to any degree prior to
recommending the proposal to city council for adoption. If the
planning commission fundamentally modifies the proposal, the
planning commission shall hold a new public hearing on the
proposal as modified prior to recommending the proposal to city
council for action.
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(Ord. No. 90-43, 2(160.65), 2-27-90; Ord. No. 91-112,
1(160.65), 12-3-91; Ord. No. 97-291, 3, 4-1-97)
e�z'�--53-G— Sec. 22-540. Same--Report to city council.
(a) Generally. The director of community development
services shall prepare a planning commission report on the
proposal containing a copy of the proposal, along with any
explanatory information,.and the planning commission
recommendation, if any, on the proposal.
(b) Transmittal to city council. The director of community
development services shall transmit the planning commission
report to the city manager for consideration by city council.
(c)Distribution. The director of community development
services shall promptly send a copy of the planning commission
report to any person requesting it.
(Ord. No. 90-43, 2(160.70), 2-27-90; Ord. No.. 31-112,
1(160.70), 12-3-91; Ord. No. 97-291, 3, 4-1-97)
6e�z�--3'�: Sec. 22-541. City council action.
(a) General. Within 60 days of receipt of the planning
commission report by the city manager, the city council shall
consider the proposal along with a draft ordinance prepared by
the city attorney, appropriate to enact or adopt the proposal.
(b) Decisional criteria. In deciding upon the proposal, the
city council shall use the decisional criteria listed in the
provisions of this chapter describing the proposal.
(c) City council action. After consideration of the planning
commission report and, at its discretion, holding its own public
hearing on the proposal, the city council shall by majority vote
of its total membership:
(1) Approve the proposal by adopting an appropriate
ordinance;
(2) Modify and approve the proposal by adopting an
appropriate ordinance;
14 EXHIBBT
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(3) Disapprove the proposal by resolution; or
(4) Refer the proposal back to the planning commission for
further proceedings. If this occurs, the city council
shall specify the time within which the planning
commission shall report back to the city council on the
proposal.
(Ord. No. 90-43, 2(160.75), 2-27-90; Ord. No. 91-112,
1(160.75), 12-3-91; Ord. No. 97-291, 3, 4-1-97)
�ec 22-542 Transmittal to State
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n e ��c. 22-543. Appeals.
The action of the city in granting, modifying or denying an
amendment to this chapter or to the comprehensive plan may be
reviewed by the Central Puget Sound Growth Management Hearings
Board pursuant to RCW 36.70A.
(Ord. No. 97-291, 3, 4-1-97)
Secs. ��--�.�4� 22-544-22-545 Reserved.
I:\AMNDPROC\PROC6LTC.4/February 10, 1999
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ARTICLE I. IN GENERAL
Sec. 22-1. Definitions.
The following words, terms and phrases, when used in this
chapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different
meaning:
Day care facility shall mean the temporary, nonresidential
care of persons in a residence or other structure on a regular,
recurring basis.
Dedication shall mean the deliberate appropriation of land
by its owner for public use or purpose, reserving no other rights
C than those that are compatible with the full exercise and
enjoyment of the public uses or purpose to which the property has
been devoted.
Development activity shall mean any work, condition or
activity which requires a permit or approval under this chapter
or the city's building code.
Development permit shall mean any permit or approval under
this chapter or the city's building code that must be obtained
before initiating a use or development activity.
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�ocket (verb) shall mean t� record with the department a
suagested chanQe to the comprehensive plan
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ARTICLE VIII. PROCESS V REVIEW QUASI-JUDICIAL REZONES*
Sec. 22-478. Applications.
(a) Who may apply. Any person may, personally or through an
agent, apply for a decision regarding property he or she owns.
(b)•How to apply. The applicant shall file the following
information with the department of community development
services:
(1) A completed application, with supporting affidavits, on
forms provided by the department of community
development services;
(2) Two sets of stamped envelopes, and a list of the same,
labeled with the name and address of all current owners
of real property, as shown in the records of the county
assessor for the subject property, within 300 feet of
each boundary of the subject property;
(3) A copy of the county assessor's map identifying the
properties specified in subsection (b)(2? of this
section;
(4) A vicinity map showing the subject property with enough
information to locate the property within the larger
area;
(5) Any information or material that is specified in the
provision of this chapter that describes the applied-
for decision;
(6) Al1 information specified in section 22-32; and
(7) Any additional information or material that the
director of community develo.pment services determines
1 EXHIBIT
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is reasonably necessary for a decision on the matter.
(c) Fee. With the application the applicant shall submit the
fee established by the city. The application will not be accepted
unless it is accompanied by the required fee and meets the
requirements of section 22-32 and this section.relating to what
constitutes a complete application.
(Ord. No. 97-291, 3, 4-1-97)
Sec. 22-481. Notice.
(a) Contents. The director of community development services
shall prepare a notice of each application containing the
following information:
(1) The name of the applicant, the projeet name (if
applicable), the date of application, and the date of
the notice of application.
(2) The street address of the subject property or, if this
is not available, a locational deseription in nonlegal
language. Except for notice published in the newspaper
of general circulation in the city, the notice must
also include a vicinity map that identifies the subject
property.
(3) The citation of the provision of this chapter
describing the requested decision and to the extent
known by the city, any other permits which are not
included in the application.
(4) A brief description of the requested decision, a list
of the project permits included in the application,
and, if applicable, a list of any studies requested
under RCW 36.70A.440.
(5) The date, time, and place of the public hearing.
(6) A statement of the availability of the official file.
(7) A statement of the right of _any person to submit
2 EXI-IIF3o`� l�
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written or oral comments to the hearing examiner
regarding the application.
(8) A statement that only persons who submit comments to
the hearing examiner or specifically request a copy of
the original decision may appeal the hearing examiner's
decision.
(9) The identification of existing environmental documents
that evaluate the proposed project and the location
where the application and any studies can be reviewed.
(10) A statement of the preliminary determination, if one
has been made at the time of notice, of those
development regulations that will be used for project
mitigation.
(b) Distribution. The director of community development
services shall distribute this notice at least 14 calendar days
before the public hearing as follows:
(1) A copy will be sent to the persons receiving the
property tax statements for all property within 300
feet of each boundary of the subject property.
(2) A copy will be published in the newspaper of general
circulation in the city.
(3) A copy will be posted on each of the official
notification boards of the city.
(c) Public notification sign. The applicant shall erect at
least one public notification sign which complies with standards
developed by the department of community development'services.
This sign shall be located on or near the subject property facing
the right-of-way or vehicle access easement or tract providing
direct vehicle access to the subject property. The director of
community development services may require the placement of
additional public notice signs on or near the subject property if
he or she determines that this is appropriate to provide notice
to the public.
(d) Timing. The public notificati.on sign or signs must be in
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place at least ten calendar days before the public hearing and
removed within seven calendar days after the final decision of
the city on the matter.
(Ord. No. 97-291, 3, 4-1-97)
Sec. 22-488. Recommnendation by the hearing examiner.
(c) Decisional criteria. The hearing examiner shall use the
I I�
following criteria for quasi judicial rezones:
(1) The city may approve an application for a quasi-
judicial nonproject rezone only if it finds that:
a. The proposed rezone is in the best interest of the
residents of the city; and
b. The proposed rezone is appropriate because either:
i. Conditions in the immediate vicinity of the
C subject property have so significantly
changed since the property was given its
present zoning and that, under those changed
conditions, a rezone is within the public
interest; or
ii. The rezone will correct a zone classification
or zone boundary that was inappropriate when
established.
c. It is consistent with the comprehensive plan;
d. It is consistent with all applicable provisions of
the chapter, including those adopted by reference
from the comprehensive plan; and
e. It is consistent with the public health, safety,
and welfare.
EXHIBIT A
pA�E.�t�F
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CITY OF FEDERAL WAY
Procedures for Amendment of Comprehensive Plan
February 9, 1999
A. INTRODUCTION
The City of Federal Way presently does not have a formal procedure for considering annua(
amendments to its adopted comprehensive plan. Therefore, the City Council directed staffto
prepare a code amendment to set up a process. This report is organized in two parts. The first
part lays out the authority under state law for the annual comprehensive plan amendment process
and the second part summarizes the proposed amendment process for the City of Eederal Way. In
general, the process is based on procedures which were used in the most recent update with some
minor changes proposed to bring the process into compliance with state law.
B. BACKGROUND/AUTHORITY FOR PROCESS
I. AUTHORITY
RCW 36.70A.130(2)(a) has set up the following requirements for each county and city
planning under the Growth Management Act (GMA)
Proposed revisions or amendments to the comprehensive plan must be
considered by the City Council no more than once per year except under the
following circumstances:
(i) The initial adoption of a subarea plan;
(ii) The adoption or amendment of a shoreline master program;
(iii) The amendment of the capital facilities element of a comprehensive plan
that occurs concunently with the adoption or amendment of a county or
city budget;
(iv) In the case of an emergency;
(v) To resolve an appeal of a comprehensive plan filed with a growth
management hearings board or with the court.
As part of the yearly update, all proposals shall be considered by the governing
body concurrently so that the cumulative effect of the various proposals may be
ascertained
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IL DOCKETING PROCESS
RCW 36 70A.470. Project Review Amendment Suggeslion Procedure Definitions.
gives authority for the docketing process.
Docketing means compiling and maintaining a list of suggested changes to the
comprehensive plan or development regulations in a manner that will ensure such
suggested changes will be considered by the county or city and will be available for
review by the public.
This code section states that if during project review, a county or city planning under the
GMA identifies deficiencies in plans or regulations, the identified deficiencies shall be
docketed for possible future plan or development regulations. Therefore, each county or
city planning under the GMA is required to include in its development regulations a
procedure for any interested person, including applicants, citizens hearing examiners,
and staff of other agencies, to suggest plan or development regulations.l'he suggested
amendments shall be docketed and considered on at least an annual basis consistent with
the provisions of RCW 36.70A.130.'
Deficiency in a comprehensive.plan or development regulations refers to the absence of
required or potentially desirable contents of a comprehensive plan or development
regulation.
III. PUBLIC PARTICIPATION FO FMEN'T�
RCW 36.70A.130(2)(a) requires each county and city planning under the Growth
Management Act (GMA) to establish and publicize a public participation program
identifying procedures on the process to amend or revise the adopted comprehensive
plan.
RCW 36.70A.140 Comprehensive Plans --Ensure Public Participation, requires each
county or city planning under GMA to establish and broadly disseminate to the public a
public participation program identifying procedures providing for early and continuous
public participation in the development and amendment of comprehensive land use plans
and development regulations implementing such plans. The adopted procedures shall
provide for broad dissemination of proposals and alternatives, opportunity for written
comments, public meetings after effective notice, provision for open discussion,
communication programs, information services, and consideration of and response to
pub(ic comments.
RCW 36.70A.03S Public Participation Notice Provisions, requires reasonable notice of
�RCW 36.70A.130(2) states that the comprehensive plan shall be updaied no more than oace per year
except under certain circumstances. However. RCW 36.70A.470 requires the comprehensive plan to be updated on
at least a yearly basis to address requests or concerns that are docketed. The latter wou(d pertain to such changes as
requests for comprehensive plan redesignations from applicants or other changes to the comprehensive plan
originating from outside of the City.
2 EXHIBII°
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any proposed revisions or amendments to the comprehensive plan be given to property
owners and other affected and interested individuals, tribes, government agencies,
businesses, and organizations. Examples of reasonable notice include:
I. Posting the property for site-specific proposals;
2. Publishing notice in a newspaper of general circulation in the county, city, or
general area where the proposal is located or that will be affected by the
proposal;
3. Notifying public or private groups with known interest in a certain proposal or in
the type of proposal being considered;
4. Placing notices in appropriate regional, neighborhood, ethnic, or trade journals;
and
5. Publishing notice in agency newsletters or sending notice to agency maiting
lists, including general lists or lists for specific proposals or subject areas.
[f the City Council chooses to consider a change to an amendment to a comprehensive
plan after the opportunity for review and comment has passed under the City's
procedures, an opportunity for review and comment on the proposed change shall be
provided before the City Council votes on the proposed change.
t� An additional opportunity for public review and comment is not required if:
1. An environmental impact statement (EIS) has been prepared for the pending
resolution or ordinance and the proposed change is within the range of
alternatives considered in the EIS;
2. The proposed change is within the scope of the alternatives available for public
comment;
3. The proposed change only corrects typographical errors, corrects cross-
references, makes address or name changes, or clarifies (anguage of a proposed
ordinance or resolution without changing its effect;
4. The proposed change is to a resolution or ordinance making a capital budget
decision pursuant to the adopted comprehensive plan.
T'he proposed change is to a resolution or ordinance enacting a moratorium or
interim controL
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C. SUMMARY OF PROPOSED AMENDMENT PROCESS
GENERAL
The Procedures for Amendment of the Comprehensive Plan shall be added to Article IX.
Process VI Review.
Proposed amendments to the comprehensive plan shai) be accompanied by any
development regulations or amendments to development regulations necessary to
implement the proposed amendments.
II. PUBLIC PARTICIPATION REOUIREMENTS
Pursuant to RCW 36.70A.03.i. Public Par[icipation Notice Provisions, the City shall
create and maintain a list of parties, agencies, organizations, and adjacent jurisdictions
with an interest or who may be affected by changes to the comprehensive plan.
Pursuant to RCW 36.70A.470. Project Review Amerrdment Suggestion Procedure
Definitions, the City shall prepare a docket form to be used for any interested person,
including applicants, citizens, planning commission, city staff and staff of other
agencies to submit proposed changes to the comprehensive plan. Docket forms may be
submitted at any time of the year; fiowever, those forms requesting changes to the
comprehensive plan and submitted after September 30 of each year will not be
considered until the following year (see betow). Docket forms shall specify application
requirements.
IV. DEADLINE FOR SUBMITTING REO 1FSTS FOR AMENDMENTS TO THE
COMPREHENSIVE PLAN
The deadline for submitting requests for amendments to the comprehensive plan shall be
September 30th of every calendar year.
V. HOW TO PROPOSE AN AMEND NT
Sixty days prior to September 30, the City shall notify all parties who submitted docket
forms since the last amendment cycle.Z Notice shall also be given as follows:
Public Notice notifying the public that the amendment process has be?un shall
be published in the City's official newspaper.
2. Notice shall be posted on the official city public notice boards.
'For calendar year 1999 only, there will also be an update with an Apri130th deadline for comprehensive
plan amendment requests.
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3• A copy of the notice shall be mailed to other local newspapers.
4• All agencies, organizations, and adjacent jurisdictions with an interest, and all
persons, who in the judgement of the Director of Community Deve(opment
Services may be directly affected by changes to the comprehensive plan shall be
sent a copy of the notice. [n determining who may be affected by comprehensive
plan changes, the Director may rely on written correspondence indicating an
interest and received after September 30 of the previous year.'
VI. SITE SPECIFIC REQUESTS
Site-specific requests for amendment of comprehensive plan.designations or for
preannexation comprehensive plan designation and zoning must meet the application
requirements of FWCC, Section 22-478.°
VII. SELECTION PROCEDURE
After the deadline for accepting requests, the City shall prepare a summary of all
requests to be presented to the City Council for determination of which requests should
be considered during the upcoming amendment process.
The City Council shall, in a public hearing, consider the following criteria in selecting
the comprehensive plan amendments to be addressed during the upcoming cycle:
Whether the same area or issue was studied during the last amendment process
and conditions in the immediate vicinity have significantly changed so as to
make the requested change within the public interest.
2. Whether the proposed amendment is consistent with the overall vision of the
comprehensive plan.
3. Whether the proposed amendment meets existing state and local laws, including
the Growth Management Act.
4. In the case of text amendments or other amendments to goals or policies,
whether the request benefits the City as a whole versus a selected group.
3 In the case of the April 30, 1999 update, the City will rety on correspondence or other contact received
since the 1998 comprehensive plan update or other requests received too late to be considered during that update.
4 Applications for pre-anneration comprehensive plan designation and zonin� will only be accepted if ihe
City has accepted a 10 percent petition on the annexation request.
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[f the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to
the following criteria:
Whether the proposed amendment can be incorporated into planned or active
projects.
2. 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, etc.
3. Volume of requests received. A large volume of requests may necessitate that
some requests be reviewed in a subsequent year.
4. Order of requests received.
Based on its review of requests according to the above criteria, the Councit shall determine
which requests shatl be further considered for adoption, and shall forward those requests to the
planning commission for its review and recommendation.
VIII. REVIEW OF PROPOS AMENDMENTS
1. After a decision is made on the comprehensive plan amendments to be
considered in the upcoming cycle, the City shatl notify all applicants as to the
status of their request for consideration.
2. Pre-application Conference All applicants seeking an amendment to
comprehensive land use designations of the official comprehensive plan (site-
specific requests) must apply for a pre-apptication conference with the City's
Development Review Committee (CDRC). Pre-applications cost $300, which is
a non-refundable fee, but which will be credited to the formal comprehensive
plan amendment fee of $564 plus S56 per acre. There is no fee for pre-
annexation comprehensive plan designation and zoning.
At the pre-application conference, the City will discuss the proposed
amendment's consistency with applicable city poticies and comprehensive ptan
goals and policies.
After the pre-apptication conference is completed, if the applicant decides to
pursue the comprehensive plan amendment, the remaining portion of the
comprehensive plan amendment fee must be paid.
3. State Environmental Policy Act (SEPA Review) The City will prepare a SEPA
determioation.
4. Public Hearing by Planning Comn:ission After the SEPA process has been
completed, a staff report, summarizing the proposed changes to the
comprehensive plan witl be forwarded to the planning commission for a public
6 EXHIB�°�'
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hearing. The Planning Commission public hearing shall be noticed pursuant to
FWCC, Sec�ion 22-528. Notice (as amended under C.V above to meet the public
participation requirements of RCW36.70A.03S). In addition, the sites will be
posted for the site-specific requests and property owners within 300 feet shal) be
notified. For site specific requests, the decisional criteria in FWCC, Section 22-
-�88(c) shall apply.
5. Review a»d Recommendation by the LUTC After the close of the Planning
Commission public hearing, the Planning Commission's recommendation and
findings shall be forwarded to the LUTC for their review and recommendation to
the City CounciL
6. Action by Ciry Counci! After the LUTC has compteted their review, their
recommendation will be forwarded to the full Counci( for their consideration at a
public meeting.
7. Transmittal to the State At least 60 days prior to final action being taken by
the City Council, but not prior to the close of the planning comrriission public
hearing and transmittal of planning commission recommendation to the LUTC,
the Washington State Department of Community, Trade and Economic
Development (DCTED) and other interested affected local and state agencies,
King County and surrounding jurisdictions shatl be provided with a�opy of the
amendments in order to initiate the 60-day comment period. Atl other parties
previously notified shall be again notified that the draft amendments of the
comprehensive plan are availabte on request on a cost recovery basis.
No later than 10 days after adoption of the comprehensive plan, a copy of the
adopted comprehensive plan shall be forwarded to DCTED and those agencies
who provided written comments on the draft comprehensive plan for an
additional 60 day comment period.
IX. NEW DEFINITION�
"Docket" (noun) means the list of suggested changes to the comprehensive plan
maintained by the Community Development Services Department.
"Docket" (verb) means to record with the department a suggested change to the
comprehensive plan.
I:�AMNDPROC�AMNDPROC.CGFebruary 10, 1999
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