Ord 02-424
CITY OF FEDERAL WAY
ORDJNANCE NO. 02-,424
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY. WASHINGTON, AMENDING CHAPTER 22
(ZONING) OF THE FEDERAL WAY MUNICIPAL CODE RELATING
TO DEFINITIONS OF RESIDENTIAL DENSITIES; CLARIFICATIONS
TO PROVISIONS RELATING TO THE KEEPING OF ANIMALS;
CORRECTION TO THE DEFINmON OF AFFORDABLE HOUSING;
AND, EXPANSION OF THE CRITERIA FOR QUASI-JUDICIAL
PROJECT-RELATED REZONES
WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in Jilly 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), relating to
Definitions of Residential Densities; Clarifications to Provisions Relating to the Keeping of Animals; Correction to
the Definition of Affordable Housing; and Expansion of the Criteria for Quasi-Judicial Project-Related Rezones will
provide for improved review processes; and
WHEREAS, the City of Federal Way finds that the code amendments to FWCC, Chapter 22 (Zoning),
relating to Definitions of Residential Densities; Clarifications to Provisions Relating to the Keeping of Animals;
Correction to the Definition of Affordable Housing; and Expansion of the Criteria for Quasi-Judicial Project-Related
Rezones are consistent with the Federal Way Comprehensive Plan; and
WHEREAS, the City of Federal Way' SEPA Responsible Official issued a Determination of
Nonsignificance on the code amendments to FWCC, Chapter 22 (Zoning), relating to Definitions of Residential
Densities; Clarifications to Provisions Relating to the Keeping of Animals; Correction to the Definition of
Affordable Housing; and Expansion of the Criteria for Quasi-Judicial Project-Related Rezones on May 15,2002;
and
WHEREAS, the Planning Commission conducted a dilly noticed public hearing on the code amendments
relating to Definitions of Residential Densities; Clarifications to Provisions Relating to the Keeping of Animals;
Correction to the Definition of Affordable Housing; and Expansion of the Criteria for Quasi-Judicial Project-Related
Rezones on Jilly 17,2002, and forwarded a recommendation of approval to the City Council; and
WHEREAS, the Land Use and Transportation Committee of the Federal Way City Council considered the
code amendments retating to Definitions of Residential Densities; Clarifications to Provisions Relating to the
:::-~:: ,,"-'00"" IXfi'¡'oo or _"'0 110"" 00' E_oo ofllit'ij 1P> ìf
Judicial Project-Related Rezones on August 5, 2002, following which it recommended adoption of the text
amendments; and
WHEREAS, the Federal Way City Council considered the code amendmeuts relating to Definitions of
Residential Densities; Clarifications to Provisions Relating to the Keeping of Animals; Correction to the Definition
of Affordable Housing; and Expansion of the Criteria for Quasi-Judicial Project-Related Rezones on August 20,
2002; and
WHEREAS, the City Council finds that the code amendments relating to Definitions of Residential
Densities; Clarifications to Provisions Relating to the Keeping of Animals; Correction to the Definition of
Affordable Housing; and Expansion of the Criteria for Quasi-Judicial Project-Related Rezones are consistent with
the intent and purposes ofFWCC, Chapter 22 (Zoning), to provide for and promote the health, safety, and welfare of
the general public.
Now, THEREFORE, TIffi CITY COUNCIL OF TIffi CITY OF FEDERAL WAY, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
Section I. Findin~s. 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, safety, or
wetfare.
Section 2. Conclusions. Pursuant to FWCC Section 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 for adoption of the proposal:
I. The proposed FWCC text amendments are consistent with, and substantially implement, the
following Comprehensive Plan goals and policies:
LUN
Maximize efficiency of the development review process.
LUP6 Conduct regular reviews of development regulations to determine how to
improve upon the permit review process.
2.
The proposed amendments relating to Definitions of Residential Densities; Clarifications to
Provisions Relating to the Keeping of Animals; Correction to the Definition of Affordable
Housing; and Expansion of the Criteria for Quasi-Judicial Project-Related Rezones bear a
substantial relationship to public health, safety, or welfare because they will result in improved
review processes, by providing consistency between reqnirements and standards and clarification
for those using the code.
And
Ord ~4, Page 2
3.
The proposed amendments are in the best interest of the residents of the City becanse they will
clarify code provisions related to defilritions of residential densities; clarify provisions relating to
the keeping of animals; correct the definition of affordable honsing; and expand the criteria for
quasi-jndicial project-related rezones. These amendments will provide certainty and consistency
to the review process while protecting surrounding properties, which is in the best interest of the
City's residents.
Section 3. Amendment. FWCC, Chapter 22, is amended as set forth in the attached Exhibit A, Exhibit B,
Exhibit C, and Exhibit D.
Section 4. Severabititv.
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 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 be effective five (5) days after passage and publication as
provided by law.
PASSED by the City Councit of Federal Way at a regular meeting of the City Council on the /~;r:;f.,day
of~,,2002
APPROVED:
F~
~ (14' r~
/ <-
City Jerk, N. Christine GreeM
APPROVED AS TO FORM:
~~ C? ~./__.".
Interim City Attorney, Patricia A. Richardson
FILED WITH THE CiTY CLERIC
PASSED BY THE CiTY COUNCIL:
RI7/0?
9/17/07
PuBLISHED:
EFFECTtVE DATE:
9/25/02
9/30/02
02-42 4
ORDINANCE No:
F;te #O2-1O1991-00-UP/Doc ID 19852
Ord #02-424, Page 3
EXHIDIT A
22-t
Definitions.
High den.i/} I "s¡danlia! wse meaBG attaehed or staeked d..elling HniW on a Sllbjeet pro Jerty '¡.)úeh ooHtains at
teast t ,g()Q squa<e feet of tat ar"" Jer dwelling unit "ut nat ma.. than 2,399 s<¡Hare feet aftot area Jer "'."elling unit
High dansity residential zones means the following zones: RM 3.6. RM 2.4, RM 1.8. RS 5.0. RS 7.2 RS 9.6.
and comparable zones in other jurisdictions.
Low density use means a detached dwelling unit on a subject property that contains at least 7,2QQ square feet
five acres.
Low density zone means the following zones: SE, RS 3S.Q, RS IS.g. RS 9.6, RS 7.2 and comparable zones in
other jurisdictions.
}Jedi.m de,.s;/} .sa meaHG detached, attaelted or staol¡cd "'.velling 1HIÌt5 an a Sllbjeet pra JoFt) ..hieh contains at
lea¡;t 3,6g() Gqllare feet aflot lIfea Jer d.. elliHg IHÚt "lit nat mo.. than 7,199 sqll81'e feet oftat ar<Ja Jer d\'. elling unit.
Medium density zones means the following zones: RS S.g, RM 3.6, RS 15.0. RS 35.0. and comparable zones in
other jurisdictions.
Ord 1()2-424, Page 4
EXHmlT B
22-981 Application of division.
This division establishes special regulations that govern the keeping of animals in any zone where a dwelling unit is
pennilted. The keenina of animals is nermilted in anv zone where a dwellina unit is oermilted. subject to the
nrovisions of this division. However, any provision of this division that is inconsistent with a specific provision
applicable to suburban estate zones does not apply in suburban estate zones. (Ord. No. 90-43, § 2(115.20(1», 2-27-
90)
Add the below note to the following use zone charts:
22-596 - SE; Detached DU
22-613 - SE; Accessory DU
22-631 - RS; Detached DU
22-632 - RS; Attached DU
22-634 - RS; Manufactured Home Parks
22-648 - RS; Accessory DU
22-666 - RM; Detached DU
22-667 - RM; Attached, Detached, Stacked DU
22-668 - RM; Manufactured Home Parks
22-669 - RM; Senior Citizen Housing
22-725 - BN; Multiple-Unit Housing
22-756 -BC; Multi-Unit Housing
22-797 - CC-C; Multi-Unit Housing
22-809 - CC-F; Multi-Unit Housing
22-869 - BP; Senior Citizen Housing
For nrovisions that retate to the keenina of animals see ~ 22-981 et sea.
(See following page for example of application of provision within the use zone chan, 22-596 - SE; Detached DU)
Ord #()2-424, Page 5
Division 2. Suburban Estate (SE)
22-596 Detached dwelling unit.
The following uses shall be pennitted in the suburban estate (SE) zone subject to the regulations and notes set forth in this section:
OJ nONs: FIRST, read down to find use... THEN, across for REGULATIONS
~ Minimums I Maximums
¡:: I Required Yards I
j
::>
~
10ft. 110% 135ft. 12per
above dwe¡¡;ng
average urnt
building
elevation.
USE ZONE CHART
USE
~
:d
&'~
~O¡
~
~
f
8
.3
!
~
¡¡¡
~ E
-t~
~Æ
å
.3
]
Detached
dwelling
unit
None
Saer" 130 II. 110 ft.
"'ooe" I, II. III ond IV "e d~cribed in
§§22.351-22-356,
22.361 - 22.370
22.386-22411,
22-431 - 22-460. re'peotively
l
I
ZONE
[
]~
&~
~..
SE
SPECIAL REGULATIONS AND NOTES
I. Not more than one dwelling unit may be located on the subject property regardles, ofth"ize of the subject
property.
2. Section 22-946 et seq. conbins regulations regarding home occupations and other ac=ories, faciliti" and
activities associated with !hi, we.
3. Refer to § 22-946 et seq. to determine what other provisions of !his chapter may apply to the ,ubject property.
4. Refer to Artide XVII, Lan<bcaping, for appropriate requirements.
5. For ,ign requirements that apply to the project, see Artide XVIII.
16. For orovi,ions that relate to the keeoin.ofanimaIuee ~ 22-98t et seQ.
L .. . ",--
F...other infonnsoon sbout ",kin¡ and "'..;,~ ore... ~e § 22.1376 et~q
(Ord. No. 90-43, § 2(15.10) 2.27.90:Ord. No. 93.170, §7(Exh. B). 4-20-93:Ord No. 97.291, § 3,4-1.97)
F...details ofwh,t"")' oxceed \hi, height tinri, ~e § 22.1046 et ~q
Fo<dotail,regordingrequiredyords.see§22.ll3Iet"'l.
Ord # 02-424Page 6
EXHIBIT C
22-976 Affordable housing regulations.
(a) Purpose. To provide affordable housing to the citizens of Federal Way and to comply
with the Growth Management Act and the county-wide planning policies for King County.
(b) Affordable housing defined. "Affordable housing" means dwelling units that are offered
for sale or rent at a rate that is affordable to those individuals and families having incomes that
are 80 percent or below the median county income~ as establisHed in tHe eoHßÌ) 'J.~de planning
peIi€ies-.
Ord #02-424, Page 7
EXHIBIT D
22-488 Recommendation by the hearing examiner.
(a) Generally. After considering all of the infonnation and comments submitted on the matter, the
hearing examiner shall issue a written recommendation to the city council.
(b) Timing. Unless a longer period is agreed to by the applicant, the hearing examiner must issue the
recommendation within 10 working days after the close of the public hearing.
(c) Decisional criteria. The hearing examiner shall use the following criteria for quasi-judicial
rezones:
(I) 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 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
The rezone will correct a zone classification or zone boundary that was inappropriate when
established;
2.
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.
(2) The city may approve an application for a quasi-judicial project related rezone only if it finds that:
a. The criteria in subsection (c)(I) of this section are met; and
b. The proposed project complies with this chapter in all respects; and
c. The site plan of the proposed project is designed to minimize all adverse impacts on the
developed properties in the immediate vicinity of the subject property; and
d. The site plan is designed to minimize impacts upon the public services and utilities.
e. The rezone has merit and value for the community as a whole.
(d) Conditions and restrictions. The hearing examiner shall..
Ord # 02-42~Page 8