Ord 02-417
ORDINANCE NO. #02-417
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 FRONTAGE IMPROVEMENTS (AMENDING
ORDINANCE NO. 02-414)
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 Council adopted Ordinance No. 02-414 on February 19, 2002, amending
FWCC Chapter 22 relating to fTontage improvements; and
WHEREAS, typographical errors were made in Ordinance No. 02-414, and the City Council wishes
to correct the mistakes by adopting a corrected version of Ordinance No. 02-414; and
WHEREAS, the City Council finds that the code amendment is consistent with intent and purpose of
FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare ofthe general
public;
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section I. Amendment. FWCC, Chapter 22, Section 1473 is amended as set forth in the attached
Exhibit A.
Section 2. 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.
Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affinned.
Ord Nc:#02-417. Page I
Section 4. 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 -1!khday of
Marrb
,2002.
ArrEST:
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APPROVED:
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APPROVED AS TO FORM:
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City Attomey, Bob C. Sterbank
FILED WITH THE CITY CLERK: 03/12/02
PASSED BY THE CITY COUNCIL: 03/19/02
PUJilLISHED: 03/23/02
EFFECTIVE DATE:
ORDINANCE No:
03/28/02
02-417
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Ord No02-417 , Page 2
ATTACHMENT A
DRAFT: PROPOSED CODE REVISIONS
Article XVI.
IMPROVEMENTS
Sections:
Division I. 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.
DMSION 1. GENERALLY
22-1471 Special regulations in designated areas.
¡fthe city council has approved a public improvements master plan or special design guiaelines
far a particular area that includes a right-of-way, the master plan or other guidelines will be filed
with 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)
22-1472 Official right-or-way map adopted.
The publie 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.
(liThe tcnn 'ji-,m:a,r..'c improl'c:1'WI1IS" tiS ll.';cd in this sect.iÐ:l shal! rcfà te :he co:l.\'::'lIcIÙm,
:Tcf)l1sln:,':io;¡ or :'e~'f6I-k+wfflg/m.'i!mes a!o:¡g the/iLl! ,:h::lti¡¡¿; ìJ1/hlic s::'cetþ-II:¡I::ge
o/propcr/)" {USn
(a)
The applieant shall provide the improvements required by this article if the applicant
engages in any activity which requires a development pem1Ît except for the following:
City of Federat Way
Draft Code Revisions
(I) The applicant need not comply with the provisions of this article if the proposed fa-)
rile apfJlicant sAall fJro...ide tAe impro\'cmeHts required by t~1is article iftRe 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, whichever is greater, except
that if the subject 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 pereent.
(2) The applicant need not eomply with the provisions of this article if, within the
immediately preceding four years, publie 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
façade improvements only. In addition, the cost of improvements required by Article
XIX, Community Design Guidelines, shall not be included in the total cost of
improvements measured over a 12-month period pursuant to Section 22-1473(a)(I).
(5) Tenant improvements, unless the proposed improvements add additional floor area.
(6) If the required improvement is part of a larger project that has been scheduled for
construction in the city's adopted six-year transportation improvement program, 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 the development of the subject 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 local grant for the project
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 eonsistent 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(110.20),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-oi~
way within the city. The applicant shall, consistent with the provisions of this article, install
all improvements established in FWCC 22-1523 through 22- I 528 along the frontage of each
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
City of Federat Way
Draft Code Revisions
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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 eonsent of the public works director.
(c) Authority to require dedication. If a right-of-way abutting the subject property has inadequate
width based on the requirements in FWCC 22- 1523 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 publie works director may waive additional
dedication or may permit dedication of a 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-o~-way; or
(2) The reduction in the required right-of-way width will nonetheless provide adequate
room for all improvements, inftastructure 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 dedicatior.s 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 whieh 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 neeessary or appropriate under
the cireumstances, including but not limited to easements for the following:
( I) Pedestrian aecess and sidewalks.
(2) Street lighting.
(3) Traffic control devices.
(Ord. No. 90-43, § 2(110.25),2-27-90; Ord. No. 98-330. § 3, 12-15-98)
City of' 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 traffie
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(1 10.30),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
Transportation. (Ord. No. 90-43, § 2(110.55),2-27-90; Ord. No. 98-330, § 3, 12-15-98)
22.1477
Modifications, deferments and waivers.
The publie works director may modify, defer or waive the requirements of this article only after
consideration 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 neighborhood 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 .of a larger projeet that has been scheduled for
eonstruction 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 FW'CC 22-146 et seq. to insure eompliance with
any of the requirements of this article. (Ord. No. 90-43, § 2(1 10.65).2-27-90; Ord. No. 98-330, §
22-1479 - 22-1495 Reserved.
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