Ord 02-414
CITY OF FEDERAL WAY
ORDINANCE NO. - 02-414
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22
(ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO ADDRESS
FRONT AGE IMPROVEMENTS
WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly
revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); and
WHEREAS, the City of Federal Way finds that the amendments to FWCC Chapter 22 (Zoning). to
modify standards relating to frontage improvements will provide an incentive to redevelop properties; and
WHEREAS, the City of Federal Way finds that the code amendments relating to frontage
improvements will implement and are consistent with the Federal Way Comprehensive Plan; and
WHEREAS, the City's State Environmental Policy Act (SEP A) Responsible Official issued a
Determination of Non significance on the code amendments relating to frontage improvements on October
13,2001; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code
amendments relating to frontage improvements on December 5, 200 I, and forwarded a recommendation
of ap!l>roval to the City Council; and
WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered the
code ~mendments relating to frontage improvements on January 7, 2002, following which it
recommended adoption of the text amendments; and
WHEREAS, the City Council finds that the code amendments relating to frontage improvements are
consistent with the intent and purpose ofFWCC Chapter 22 (Zoning) to proVIde for and promote the
health, safety, and welfare of the general public.
Oed No. - . Page]
102-414
.!Ädi~~-"~A.
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Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section I. Findings. After full and careful consideration, the City Council of the City of Federal
Way finds that the proposed code amendments will protect and will not adversely affect the public health,
safely, or welfare.
Section 2. Conclusions.
Pursuant to FWCC Sections 22-216 and 22-528, and based upon the
Findings set forth in Section I, the Federal Way City Council makes the following Conclusions of Law
with 'respect to the decisional criteria necessary for the adoption of the proposal:
1.
The proposed FWCC text amendments are consistent with, and substantially implement,
the following Federal Way Comprehensive Plan goals and policies:
LUG 1 Improve the appearance and Junction oj the built environment.
LUP 6 Conduct regular reviews oj development regulations to determine how
to improve upon the development review process.
2.
The proposed amendment bears a substantial relationship to public health, safety, or
welfare because they will result in incentives for redevelopment and restoration of
existing development,
AND
3.
The proposed amendment is in the best interest of the residents of the City because they
may result in increased redevelopment of existing properties resulting in increased
efficiency and effectiveness of City resources.
Section 3. Amendment. FWCC, Chapter 22 is amended as set forth in the attached Exhibit A.
Section 4. Severability. 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 any other persons or circumstances.
Oed No. ' , Page 2
1102-414
Section 5. Ratification. Any act consistent with the authority and prior to the enectivc date of this
ordinance is hereby ratified and affirmed.
Section 6. Effective Date.
This ordinance shall be effective five (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
the -Iii£. day of rc.JrI..Ld-F L/
(
,2002.
ApPROVED:
~rn:!~
ATTIìST:
c~cr~ ~
ApPROVED AS TO FORM:
~t~~
City Attorney, Bob C. Sterbank
FILED WITH THE CiTY CLERK:
PASSED BY THE CITY COUNCIL:
01/29/02
02/19/02
PUBLISHED:
EFFECTIVE DATE:
01/71/0?
02l2R/O?
02-414
ORDINANCE No:
Oed NiIÙ-4'1~gc 3
ATTACHMENT A
DRAFT PROPOSED CODE REVISIONS
Article XVI.
IMPROVEMENTS
Sections:
Division 1. Generally
22-1471 Special regulations in designated areas.
22-1472 Official right-of-way map adopted.
22-1473 When public improvements must be installed.
22-1474 Required public improvements.
22-1475 Additional improvements.
22-1476 Traffic control devices and signing.
22-1477 Modifications, deferments and waivers.
22-1478 Bonds.
22-1479 - 22-1495 Reserved.
DIVISION I. GENERALLY
22-1471 Special regulations in designated areas.
Ift~e city council has approved a public improvements master plan or special design guidelines
for ~ particular area that includes a right-of-way, the master plan or other guidelines will be filed
witl~ the city clerk and will govern the improvements to be provided by developments that abut
that right-of-way. (Ord. No. 90-43, § 2(110.10), 2-27-90; Ord. No. 98-330, § 3, 12-15-98)
22-~472 Official right-of-way map adopted.
The public works director shall produce and keep current an official right-of-way classification
map that classifies each of the improved and proposed rights-of-way, other than alleys, based on
the classification standards contained within FWCC 22-1524 and 22-1525 and the objectives the
comprehensive plan. This right-of-way classification map, as adopted and amended from time to
time, shall have the full force as if its provisions were fully set forth within this chapter. (Ord.
No. 90-43, § 2(110.15), 2-27-90; Ord. No. 98-330, § 3, 12-15-98)
22-1473 When public improvements must be installed.
(1) The term ]rontage improvements ': as used in this section shall refer to the construction,
reconstruction or repair of thefollowing facilities along the filII abutting public street frontage
ofpmperfy (USn
(a)
The applicant shall provide the improvements required by this article if the applicant
engages in any activity which requires a development permit except for the following
City ?f Federal Way
DrafrCode Revisions
(I) The applicant need not comply with the provisions of this article if the proposed (a) The
applicant shall provide the improvements required by this article if the applicant improvements
in any 12-month period do not exceed 25 percent of the assessed or appraised value (based on an
MAl appraisal provided by the applicant) of all structures and land combined on the subject
property, whicl1ever is greater, except that if the subiect property is equal to or greater than
100 000 square feet in size the land value shall not be included in the assessed or appraised
value used to determine the 25 percent.
(2) The applicant need not comply with the provisions of this article if, within the immediately
preceding four years, public improvements were installed as part of any subdivision or
discretionary land use approval under this or any prior zoning code,
(3) The applicant need not comply with the provisions of this article if the proposal is to locate a
personal wireless services facility (PWSF) on the subject property,
(4) The applicant need not comply with the provisions of this article if the proposal is for facade
implrovements only. In addition. the cost of improvements required by Article XIX. Community
Deslign Guidelines shall not be included in the total cost of improvements measured over a 12-
moIlth period pursuant to Section 22-1473(a)(1).
(5) Tenant improvements unless the proposed improvements add additional floor area.
(6) ¡fthe required improvement is part ofa larger proiect that has been scheduled for
construction in the citv's adopted six-year transportation improvement program the public works
direFtor may permit the applicant to fulfill the applicant's obligation under this section by paying
to tile city the pro rata share of the costs of the required improvements attributable to the
development ofthe subiect property as. determined by the public works director. For purposes
of determining the applicant's pro rata share funds received by the City from any federal state.
or loeal grant for the proiect shall be excluded from the total cost of the planned six-year
transportation improvement.
(b) Right-of-way adjacent to and within subdivision and short subdivisions must be dedicated
and improved consistent with the requirements of this article, unless different requirements are
imposed by the city as part of the subdivision or short subdivision approval. (Ord. No. 90-43, §
2( 11020),2-27-90, Ord, No, 98-330, § 3,12-15-98; Ord, No, 00-363, § 15. 1-4-00)
22-1474
Required public improvements.
(a) Generally The development standards portion ofFWCC 22-1523 through 22-1528 establish
the improvements that must be installed, based on the classification of the various rights-of-
way witl1ill tile city The applicant shall, consistent with the provisions of this article, install
all improvements established ill FWCC 22-1523 througl1 22-1528 along the frontage of each
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right-of-way, other than alleys, that abuts and traverses the subject property, commensurate
with the impacts of the development. At a minimum, improvements shall be required on the
abutting side of the right-of-way and a 10-foot lane on the side of the right-of-way opposite
the frontage.
(b) Additional dimensions and improvements. The applicant may increase the dimensions of any
required improvement or install additional improvements within the right-of-way with the
written consent of the public works director.
(c) Authority to require dedication. Ifa right-of-way abutting the subject property has inadequate
width based on the requirements in FWCC 22- I 523 through 22-1528, the applicant shall
dedicate a portion of the subject property parallel to the right-of-way and equal in width to
the difference between the present right-of-way width and the width required by FWCC 22-
1523 through 22-1528 for that right-of-way. The public works director may waive additional
dedication or may permit dedication ofa lessor amount of the subject property for additional
right-of-way width if
(I) It is likely to anticipate that, within the near future, the private property across the
right-of-way will be required to dedicate property for public right-of-way; or
(2) The reduction in tile required right-of-way width will nonetheless provide adequate
room for all improvements, infrastructure and functions within the right-of-way. For
the purpose of determining the rough proportionality of right-of-way dedication to the
development's impacts, the city may require up to 300 square feet of right-of-way
dedication per average daily trip generated by the development. All dedications under
this subsection shall be by conveyance through a statutory warranty deed.
(d) Partial right-of-way improvements. Where a right-of-way abutting the subject property does
not, even after dedications required under subsection (c) of this section, contain adequate
width to install all of the improvements required within that right-of-way under this article,
the applicant shall install improvements within the right-of-way which will provide a safe
and efficient right-of-way and which will facilitate completion of all right-of-way
improvements required in this article at a later date. The specific extent and nature of
improvements, where full right-of-way width is not available, will be determined by the
public works director on a case-by-case basis
(e) Easements. The public works director may require the applicant to grant such easements
Over, under and across the subject property as are reasonably necessary or appropriate under
the circumstances, including but not limited to easements for the following:
(1) Pedestrian access and sidewalks
(2) Street lighting
(3) Trat11c control devices
(Ord. No. 90-43, § 2(1 10.25), 2-27-90; Ord. No. 98"330, § 3,12-15-98)
City ør Federal Way
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22-1475
Additional improvements.
The city may require the applicant to pave or install additional improvements within rights-of-
way, either abutting or not abutting the subject property. This may include traffic signals,
channelizations, turn lanes, and other improvements necessary or appropriate to improve traffic
circulation and safety, the need for which is directly attributable to development of the subject
property. Where appropriate, the public works director may permit the applicant to fulfill the
applicant's obligation under this section by paying to the city the pro rata share of the costs of the
required improvements attributable to development of the subject property, as determined by the
public works director. The city may also require the applicant to provide traffic studies and other
data describing the traffic impacts of the proposed development, the need for improvements
under this section, and the reasonable pro rata share of the costs of these improvements to be
borne by the applicant (Ord. No. 90-43, § 2(110.30), 2-27-90; Ord. No 98-330, § 3, 12-15-98)
22-1476
Traffic control devices and signing.
All traffic control devices and pavement markings shall conform to the Manual on Uniform
Traffic Control Devices (M.u.T.c.D.) as adopted, from time to time, by the State Department Of
Tramsportation. (Ord. No. 90-43, § 2(110.55), 2-27-90; Ord. No. 98-330, § 3, 12-15-98)
22-]477
Modifications, deferments and waivers.
The,public works director may modify, defer or waive the requirements of this article only after
con$ideration of a written request for the following reasons:
(1) The improvement as required would not be harmonious with existing street
improvements, would not function properly or safely or would not be advantageous to
the neigl1borhood or city as a whole.
(2) Unusual topographic or physical conditions preclude the construction of the
improvements as required.
(3) Proper vertical or horizontal alignments cannot be determined because the existing
streets do not have correct alignments.
(4) The required improvement is part ofa larger project that has been scheduled for
construction in the city's adopted six-year transportation improvement program.
(Ord No. 90-43, § 2(110.60), 2-27-90; Ord. No. 98-330, § 3, 12-15-98)
22-1478
Bonds.
The city may require or permit a bond under FWCC 22-146 et seq to insure compíiance with
any of the requirements of this article. (Ord No. 90-43, § 2(11065),2-27-90; Ord. No. 98-330, §
22-1479 - 22-1495 Reserved.
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City QI" Fcderal Way
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