Ord 02-426
CITY OF FEDERAL WAY
ORDINANCE NO. 02 -426
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY
CITY CODE TO DEVELOP A PROCESS TO REVIEW DEVELOPMENT
AGREEMENTS AND RELATED CODE AMENDMENTS TO CONSOLIDATE
PUBLIC HEARINGS
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);
WHEREAS, the City of Federal Way finds that the amendments to FWCC Chapter 22 (Zoning) to
develop a process to review development agreements and related code amendment to consolidate public
hearings will provide for improved review processes;
WHEREAS, the City of Federal Way finds that the code amendments to develop a process to
review development agreements and related code amendment to consolidate public hearings will
implement and are consistent with the Federal Way Comprehensive Plan;
WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code
amendments on September 4, 2002, and forwarded a recommendation of approval to the City Council;
WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered
the code. amendments to develop a process to review development agreements and related code
amendments to consolidate public hearings on September 16, 2002, following which it recommended
adoption of the text amendments; and
WHEREAS, the City Council finds that the code amendments relating to developing a process to
review development agreements and related code amendment to consolidate public hearings are
consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the
health, safety, and welfare of the general public.
Ord No. 02 426, Page t
(ff~tif~~i ~ ~
~ \\W fi" F".
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,
safety, 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:
I.
The proposed FWCC text amendments are consistent with, and substantially implement, the
following Comprehensive Plan goals and policies:
LUGI Improve the appearance andfunction of the built environment.
LUP 6 Conduct regular reviews of 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 would allow development agreements to be utilized in cases of a comprehensive
plan amendment and an associated rezone where the project is larger in scope and has
potentially larger impacts than nonnal, or where certain restrictions may be desired to be placed
on the proposal.
and
3.
The proposed amendment is in the best interest of the residents of the city because they will
supplement existing review processes and clarify how development agreements should be
processed by adopting a formal process for reviewing development agreements.
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.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affinned.
Ord No. 02 - 42.(iPage 2
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 --15.t!:l day of
October
,2002.
ApPROVED:
~~(f
ATTEST:
APPROVED AS TO FORM:
~~TT~CIA A. RlCHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
9/-¿4/02
10/15/02
10/19/0;:'
PUBLISHED:
EFFECTIVE DATE:
10/24/02
02..426
ORDINANCE No:
1:\2002 Code Amendments\Devetopment Agreements\LUTC\091602 Ordinance.doc09118/2002 2:14 PM
Ord No. 02426, Page 3
Article IX.
PROCESS VI REVIEW'
Sections:
22-516 Purpose.
22-517 Initiation of proposals.
22-518 Docket.
22-519 Compliance with State Environmental Policy Act.
22-520 City council review.
22-521 Timing offiliug - Notice.
22-522 Application.
22-523 Criteria for prioritizing plan amendment requests.
22-524 Preapplications required.
22-525 Legislative rezones.
22-526 Criteria for approving a legislative rezone.
22-527 Map chauge.
22-528 Zoning text amendment criteria.
22-529 Factors to be considered in a comprehensive piau amendment.
22-530 Criteria for amending the comprehensive plan.
22-531 Official file.
22-532 Notice.
22-533 Staff report.
22-534 Public hearing.
22-535 Material to be considered;
22-536 Electrouic sound recordings.
22-537 Public comment and participation at the hearing.
22-538 Continuation ofthe hearing.
22-539 Plauning commission - Recommendation.
22-540 Planning commission - Report to city council.
22-541 City council action,
22-542 Transmittal to state.
22-543 Appeals.
22-544, 22-545 Reserved.
.Editor's note - Ord. No. 99-337, § 2, adopted March 2, 1999, repealed Article IX, §§ 22-516 - 22-538 in its entirety
and enacted a new Article IX, §§ 22-516 - 22-543. Follßer Article IX pertwned to similar material and derived from
Ord. Nos. 90-43, §§ 2(130.10,130.20,130.25,135.15,140.15,140.20,140.25, 160.05, 160.10, 160.15, 160.20, t60.25,
160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Feb. 27, 1990: Ord. No. 91-112, §
1(160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted
Dec. 3, 1991; and fTom Ord. No. 97-291, § 3, adopted April I, 1997.
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.
99-337, § 2, 3-2-99)
22-517 Initiation of proposals.
A proposal that will be reviewed using this article may be initiated by the city councilor
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. 99-337, § 2,
3-2-99)
«:)2002 Code Publishing Co. Page t
EXHIBIT ~ / /
22-518 Docket.
The department of community development services shall maintain a docket of all changes to
the comprehensive plan or development regulations and proposed by interested persons
(including development applicants, citizens, hearing examiners, and/or other agencies and staff).
(Ord. No. 99-337, § 2, 3-2-99)
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. 99-337, §
2, 3-2-99)
22-520 City council review.
(a) Docketed amendment requests. The city council shall review all requests docketed with
the department of community development services concurrently, on an annual basis and
consistent with RCW 36.70A.130(2). As part of such annual review, the council shall review all
requests received prior to September 30th of the calendar year. Requests submitted after
September 30th shall be considered during the following annual review. In additian, for salendar
year 1999 anly, the sit 0' sa\lnsil shall re'¡iew all reE¡\leats resei'¡ed prier ta Þ pril 3()th, and "hall
Gansider and ast \lpan thase ameadments dllriag 1999.
(b) Other amendments. The city council shall review city-initiated changes to the text of the
comprehensive plan concurrently with docketed amendment requests. The city council may also
review or amend the comprehensive plan whenever an emergency exists, to resolve an appeal of
the comprehensive plan or amendments thereto, or in other circumstances as provided for by
RCW 36.70A.130(2)(a).
The city council may also review city-initiated changes to the text of this chapter or to the
city's zoning map from time to time at the council's discretion.
(c) Additional infonnation. The city council may request, through the city manager, that the
department of community development services or any other department of the city provide any
infonnation or material on the proposal(s), consistent with FWCC 22-531. (Ord. No. 99-337, § 2, 3-
2-99)
22-521 Timing of filing - Notice.
Sixty days prior to September 30th in each calendar year, the city shall notifY all persons who
submitted docket fonns after September 30th of the previous calendar year. In 1999 anly, é() days
prier ta .^.pFiI 39th, the sit)' shall natif)' all persons '.'-hose samprehensi\'e plan amendment
reE¡\lests were not sonaidered dllring the 1998 amendment prosess. Notice shall also be given as
follows:
(1) Public notice notifYing the public that the amendment process has begun shall be
published in the city's official newspaper.
(2) Notice shall be posted on the official city public notice boards.
(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 jmlgement judgment of the director of community development services may
be directly affected by changes to the comprehensive plan or development regulations shall be
sent a copy of the notice. In detennining who may be affected by changes to the comprehensive
plan GbaRges or development regulations, the director may rely on written correspondence
indicating an interest and received after September 30th of the previous year. (Ord. No. 99-337, § 2,
3-2-99)
"'2002 Code Publishing Co. Page 2
22-522 Application.
(a) Who may apply. Any person may, personally or through an agent, apply for a site-specific
comprehensive plan designation change with respect to property he or she owns. In addition, any
person may, personally or through an agent, request changes to the text of the comprehensive
plan or development regulations codified in this chapter.
(b) How to apply. An applicant must complete a--Øooket an application form prepared by the
city. An applicant seeking a site speciflG plan or zoning designation change in comprehensive
plan designation and zoning for a specific parcel shall also file the information specified in
FWCC 22-478 with the department of community development services.
(c) The director of community development services shall have the authority to waive any of
the requirements of this section, if in the director's discretion, such information is not relevant or
would not be useful to consideration of the proposed amendment.
(d) Fee. There is no fee for this initial application. After the prioritization process,
applications to be considered during the amendment process shall submit the fee established by
the city. (Ord. No. 99-337, § 2, 3-2-99)
22-523 Criteria for prioritizing plan amendment requests.
(a) After September 30th but prior to adopting any åeGketOO amendment requests, the city
council shall hold a public hearing and select those docketed amendment requests it wishes staff
to coasider for adoption. Ia ]999 only, selection shall ocellr after April 3()'", ¡')\It prier to adoptioa
ef docketed ameadments research further.
(b) The city council shall consider the following criteria following a public hearing in
selecting the comprehensive plan amendments or development regulations to be considered
during the upcoming cycle:
(I) Whether the same area or issue was studied during the last amendment process and
conditions in the immediate ,¡ieiait)' 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 and policies, whether
the request benefits the city as a whole versus a selected group.
(c) If the request meets the criteria set forth in subsections (b)(I) through (b)(4) of this
section, it shall be further evaluated according to the following criteria:
(I) 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 reviéwed in a subsequent year.
(4) Order ofrequests received.
(d) Based on its review of requests according to the criteria in subsections (b) and (c) of this
section, the council shall determine which requests shall be further considered for adoption, and
shall forward those requests to the planning commission for its review and recommendation.
(e) The council's decision to consider a proposed amendment shall not constitute a decision
or recommendation that the proposed amendment should be adopted nor does it preclude later
council action to add or delete an amendment for consideration. (Ord. No. 99-337, § 2, 3-2-99)
<1:>2002 Code Publishing Co. Page 3
22-524 Preapplications reqnired.
All applicants seeking an amendment to comprehensive land use designations of the official
comprehensive plan (site-specific requests) must apply for a preapplication conference with the
city's development review committee (CORe). (Ord. No. 99-337, § 2, 3-2-99)
22-525 Legislative rezones.
A legislative rezone is a rezone that meets the following criteria:
(I) It is initiated by the city; and
(2) 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 quasi-judicial rezones and are
reviewed and decided upon using process V. (Ord. No. 99-337, § 2, 3-2-99)
22-526 Criteria for approving a legislative rezone.
The city may decide to approve a legislative rezone only if it finds that:
(I) The proposal is consistent with the comprehensive plan;
(2) The proposal bears a substantial relation to public health, safety, or welfare; and
(3) The proposal is in the best interest of the residents of the city. (Ord. No. 99-337, § 2, 3-
2-99)
22-527 Map change.
If the city approves a legislative rezone, or a change in a comprehensive plan map
designation, it will give effect to this decision by making the necessary amendment to the zoning
map of the city. (Ord. No. 99-337, § 2, 3-2-99)
22-528 Zoning text amendment criteria.
The city may amend the text of this chapter only if it finds that:
(I) The proposed amendment is consistent with the 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.
99-337, § 2, 3-2-99)
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:
(I) The effect upon the physical environment.
(2) The effect on open space, streams, and lakes.
(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.
In order to encourage efficient and desired development and redevelopment of existing land
designated and zoned for various types of commercial uses, when considering proposals for
q;:¡2002 Code Publishing Co. Page 4
comprehensive plan amendments and rezones from one commercial designation to another. the
city will consider development trends in commercially zoned area. market demand for various
types of commercial land, and amount of vacant commercial land.
For site-specific comprehensive plan amendments, the provisions of FWCC 22-488(c) shall
also apply. (Ord. No. 99-337, § 2, 3-2-99)
22-530 Criteria for amending the comprehensive plan.
The city may amend the comprehensive plan only if it finds that:
(I) 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 Chapter 36.70A
RCW and with the portion of the city's adopted plan not affected by the amendment. (Ord. No. 99-
337, § 2, 3-2-99)
22-531 Official file.
(a) Contents. The director of community development services shall compile an official file
containing all infonnation 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. (Ord. No. 99-337, § 2,
3-2-99)
22-532 Notice.
Notice provisions under this section shall be followed for both the public hearing during
which all requests for changes to the comprehensive plan map designation, zoning map, i!ÐBÏßg
teJ<t,-<md text of the comprehensive plan. and text of the development regulations are prioritized
by the city council, as well as the public hearing held on indi'¡idlJal reE lIests by the planning
commission.
(I) 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 infonnation:
a. The citation, if any, of the provision that would be changed by the proposal along
with a brief description of that provision.
b. A statement of how the proposal would change the affected provision.
c. A statement of what areas, comprehensive plan designations, zones, or locations
will be directly affected or changed by the proposal.
d. The date, time, and place of the public hearing.
e. A statement of the availability of the official file.
f. A statement of the right of 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.
(2) Distribution. The director of community development services shall distribute this
notice at least 14 calendar days before the public hearing following the procedures of FWCC 22-
52I. In addition, the procedures of FWCC 22-481 shall be followed for site-specific requests
regarding notification of adjacent property owners posting of the site. (Ord. No. 99-337, § 2, 3-2-99)
22-533 Staff report.
(a) General. The director of community development services shall prepare a staff report
containing:
(I) An analysis of the proposal and a recommendation on the proposal; and
(2) Any other infonnation the director of community development services detennines is
necessary for consideration of the proposal, consistent with FWCC ~ 22-526. 22-528. 22-
<1:>2002 Code Publishing Co. Page 5
529, and 22-530. For site-specific comprehensive plan amendments, the provisions ofFWCC 22-
488(c) shall also apply.
(b) Distribution. The director of community development services shall distribute the staff
report as follows:
(I) 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 requesting it. (Ord. No. 99-337, § 2, 3-2-99)
22-534 Public bearing.
(a) Generally. The planning commission shall hold public hearings on each proposal,
consistent with FWCC 22-535, unless the city council elects to hold its own hearings on the
proposal, in which case planning commission review pursuant to this article shall not be required.
(b) Open to public. The hearings of the planning commission are open to the public.
(c) Pursuant to FWCC 22-015, when a development agreement and plan have been prepared,
the city council shall hold a public hearing.
W @ Effect. Except as provided in subsection (a) and (c) of this section, the hearing of the
planning commission is the hearing for city council. City council need not hold another hearing
on the proposal. (Ord. No. 99-337, § 2, 3-2-99)
22-535 Material to be considered.
(a) Generally. Except as specified in subsections (b), aaà (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 (c) and (d) of this section, the city may not
consider a specific site plan or project in reviewing and deciding upon a proposal under this
process.
(c) In the case of development agreements. the director of community development services
may require the applicant to submit any additional information or material that is reasonably
necessarY for a decision on the matter, including a site development plan associated with a site-
specific request.
W @ Exception for environment 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 SEP A
environmental review and submitted under FWCC 22-519 in deciding upon that proposal. (Ord.
No. 99-337, § 2, 3-2-99)
22-536 Electronic sound recordings.
The planning commission shall make a complete electronic sound recording of each public
hearing. (Ord. No. 99-337, § 2, 3-2-99)
22-537 Public comment and participation at tbe bearing.
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. 99-337, § 2, 3-2-99)
22-538 Continuation oftbe hearing.
The planning commission may, for any reason, continue the hearing on the proposal. If,
during the hearing, the pJanning 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. 99-337, § 2, 3-2-99)
«:>2002 Code Publishing C9. Page 6
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 FWCC 22 521, 22 523 or 22 525, 22-526, 22-528,
22-529,22-530, and 22-488(c), and take one of the following actions:
(I) If the planning commission determines that the proposal should be adopted, it may, by
a majority vote of the entire membership, recommend that city 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)(I) 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 degre~ 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. (Ord. No. 99-337, § 2, 3-2-99)
22-540 Planning commission - 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. COrd. No. 99-337, § 2, 3-2-99)
22-541 City council action.
(a) General. Within 60 days of receipt ofthe 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:
(I) Approve the proposal by adopting an appropriate ordinance;
(2) ModifY and approve the proposal by adopting an appropriate ordinance;
(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. 99-337, § 2, 3-2-99)
(5) If the city council determines that a development agreement shall be prepared for a
site-specific request. the city council shall recommend further analysis based on Article **,
Development Agreements.
22-542 Transmittal to state.
At least 60 days prior to final action being taken by the city council, but not prior to the close
of the planning commission public hearing and transmittal of planning commission
recommendation to the LUTC, the State DepartmeHt Office of Community Trade and B.oHomi.
Development (~ OCD) and other interested affected local and state agencies, the county
and surrounding jurisdictions shall be provided with a copy of the amendments in order to initiate
@2002 Code Publishing Co. Page 7
the 60-day comment period. All other parties previously notified shall be again notified that the
draft amendments of the comprehensive plan are available 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 ~ OCD and others who submitted written
comments on the draft comprehensive plan. COrd. No. 99-337, § 2, 3-2-99)
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 Chapter 36.70A RCW. (Ord. No. 99-337, § 2, 3-2-99)
22-544, 22-545 Reserved.
1:\2002 Code AmendmentslDevetopmeot Agreements\City Council\FinaJ Process VI.docl09123/2002 2:26 PM
<\:>2002 Code Publishing Co. Page 8
This entire section of the code is new; therefore, it has not been underlined.
Article **
DEVELOPMENT AGREEMENTS
Sections:
22-001 Purpose.
22-002 Authority.
22-003 Content of development agreement.
22-004 Initiation of proposals.
22-005 Preparation of development agreement.
22-006 Applications.
22-007 Official file.
22-008 Preapplications required.
22-009 Compliance with State Environmental Policy Act.
22-010 Development plan.
22-011 Timing of public hearings.
22-012 Factors to be considered in review of a development agreement.
22-013 Notice.
22-014 Staff report.
22-015 Public hearing and city council action.
22-016 Notice of final decision.
22-017 Judicial review.
22-018 Term of agreement
22-019 Recording.
22-020 Amendment of development agreement.
22-021 Minor modification of development plan.
22-001 Purpose.
Development agreements associated with a comprehensive plan designation and related zoning
change may be used at the city council's discretion. Development agreements are to be used where the
project is larger in scope and has potentially larger impacts than normal, or where the city council may
desire to place certain restrictions on the proposal. The intent of a development agreement is not to waive
requirements normally associated with a proposed use.
22-002 Authority.
Pursuant to RCW 36. 70B.170, the city may enter into a development agreement with a person having
ownership or control of real property within its jurisdiction as part of a comprehensive plan amendment
and associated rezone. The execution of a development agreement is a proper exercise of city police
power and contract authority. A development agreement may obligate a party to fund or provide services,
infrastructure, or other facilities. A development agreement shall reserve authority to impose new or
different regulations to the extent required by serious threat to public health and safety.
22-003 Content of development agreement.
(a) A development agreement must set forth the development standards and other provisions that
Article ..
Page I
Devetopment Agreements
apply to and govern and vest the development, use, and mitigation of the development of the real property
for the duration specified in the agreement. A development agreement shall be consistent with applicable
City of Federal Way development regulations.
(b) For the purpose of this section, "development standards" may include, but is not limited to:
(I) Project elements such as pennitted uses, residential densities, and non-residential densities
and intensities or building sizes;
(2) The amount and payment of impact fees imposed or agreed to in accordance with any
applicable provisions of state law, any reimbursement provisions, other financial contributions by the
property owner, inspections fees, or dedications;
(3) Mitigation measures, development conditions, and other requirements under Chapter 43.21C
RCW. Design standards such as maximum heights, setbacks, drainage, and water quality requirements,
landscaping, and other development features;
(4) Affordable housing;
(5) Parks and open space preservation;
(6) Phasing;
(7) Review procedures and standards for implementing decisions;
(8) A build-out or vesting period for applicable standards; and
(9) Any other appropriate development requirement or procedure.
22-004 Initiation of proposals.
A proposal that will be reviewed using this article may be initiated by city councilor council
committee, or requested by the planning commission, city staff, or applicant.
22-005 Preparation of development agreement.
(a) Based on council direction, and subsequent to action taken pursuant to Section 22-54 I (cX5), after
consultation with the applicant, the city shall detennine the parameters of the development agreement in
accordance with Section 22-003, Content of Development Agreement.
(b) The applicant prepares a development plan that is consistent with the parameters of the
development agreement. The development plan may vary in the amount of detail to be included,
depending on city council direction identified in Section 22-54 I (c)(5). Ifa development plan is required, it
shall accompany the development agreement for review and action by the city council.
22-006 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 infonnation with the department of
community development services:
(I) A completed application, with supporting affidavits, on fonDS 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 infonnation to locate the property
within the larger area;
(5) Any infonnation or material that is specified in the provision ofthis chapter that describes the
applied-for decision;
Article ..
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Development Agreements
(6) All information specified in FWCC 22-33. The detail to be included in the development plan
is based on the council's direction identified in Section 22-54 I (c)(5) and shall be related to the nature and
scope of the project and its potential impacts; and
(7) Any additional information or material that the director of community development services
determines 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 FWCC
22-33 and this section relating to what constitutes a complete application.
22-007 Official file.
(a) Contents. The city shall compile an official file on the application containing the following:
(1) All application materials submitted by the applicant.
(2) The staff report.
(3) All written comments received on the matter.
(4) The electronic recording of the city council on the matter.
(5) The decision on the development agreement by the city council.
(6) Any other information relevant to the matter.
(b) Availability. The official file is a public record. It is available for inspection and copying in the
department of community development services during regular business hours.
22-008 Preapplications required.
All applicants seeking approval of a development agreement related to an amendment to
comprehensive land use designations of the official comprehensive plan (site-specific requests) must
apply for a preapplication conference with the city's development review committee (CDRC).
22-009 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. Any appeal of the threshold
determination must be consolidated with any appeal of the administrative decision on Community Design
Guidelines and with any hearing on an application for Process IV approval.
22-010 Development plan.
Any development plan accompanying the development agreement shall be subject to Notice
requirements of FWCC 22-392 through 22-394. The application shall not be determined to be complete
until a draft development agreement has been prepared and a development plan conforming to the
parameters of the development agreement and meeting all pertinent requirements has been submitted. The
development plan shall also be reviewed pursuant to the Community Design Guidelines requirements of
FWCC 22-395 through 22-406 except that an appeal of the Hearing Examiner's decision on the appeal of
an administrative decision on the Community Design Guidelines shall be heard by the city council based
on the procedures of FWCC 22-446 through 22-455 at the same time that the city council conducts a
public hearing on the development agreement and development plan pursuant to FWCC 22-015.
22-011 Timing of public hearings.
Any requests associated with the project-specific development plan requiring a public hearing by the
Hearing Examiner shall be heard by the Hearing Examiner prior to the public hearing by the city council
on the development agreement and development plan. The Hearing Examiner's review shall follow the
provisions of FWCC Article VII. Process IV Review - Hearing Examiner's Decision and shall be limited
to that particular aspect under his or her purview and shall not extend to either the development
agreement or development plan.
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Devetopment Agreements
22-012 Factors to be considered in review of a development agreement.
The city may consider, but is not limited to, the following factors when considering a development
agreement:
(a) Compatibility with and impact on adjacent land uses and surrounding neighborhoods;
(b) Adequacy of and impact on community facilities including utilities. roads, public transportation,
parks, recreation, and schools;
(c) Potential benefits of the proposal to the community; and
(d) Effect upon other aspects ofthe comprehensive plan.
22-013 Notice.
Notice provisions under this section shall be followed for the public hearing held by the city council.
(a) Contents. The director of community development services shall prepare a notice of the
proposal, for which a public hearing will be held, containing the following information:
(I) Description of purpose of hearing;
(2) The name of the applicant and the project name (if applicable).
(3) A statement of what comprehensive plan and zoning designation will be directly affected or
changed by the proposal.
(4) The street address of the subject property or, if this is not available, a description of the
location of the proposal in non-legal 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.
(5) The date, time, and place of the public hearing.
(6) A statement ofthe availability of the official file.
(7) A statement of the right of any person to submit written comments to the council and to
appear at the public hearing of the council to give comments orally.
(8) A statement that only persons who previously submitted comments to the planning
commission or city council during the comprehensive plan amendment process or at this time,
participates in the public hearing on the development agreement by submitting written comments to
the city council or by participating in the public hearing or specifically requested a copy of the city
council's decision on the development agreement and plan may appeal the city council'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.
(b) Distribution. The director of community development services shall distribute this notice at least
14 calendar days before the public hearing as follows:
(I) 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.
(I) Timing. The applicant shall be responsible for installing the public notification sign or signs at
least 10 calendar days before the public hearing and removing them within seven calendar days after the
final decision of the city on the matter.
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Development Agreements
22-014 Staff report.
(a) Contents. The director of community development services shall prepare a staff report for the
public hearing by the city council containing the following infonnation:
(1) All pertinent application materials.
(2) All comments regarding the matter received by the department of community development
services prior to distribution of the staff report.
(3) An analysis of the application under the relevant provisions of this chapter and the
comprehensive plan.
(4) A statement of the facts found by the director of community development services and the
conclusions drawn from those facts.
(5) A recommendation on the matter.
(b) Distribution. At least seven calendar days before the hearing, the director of community
development services shall distribute the staff report as follows:
(I) A copy will be sent to the members of the city council.
(2) A copy will be sent to the applicant.
(3) A copy will be sent to each person who has specifically requested it.
22-015 Public hearing and city council action.
(a) Generally. The city council shall consider the application for approval of the development
agreement and development plan in a public hearing. If there are any appeals on the Hearing Examiner's
decision of an appeal of a threshold detennination or his or her decision on an appeal of community
design guidelines, or an appeal of the Hearing Examiner's decision on a Process IV request, these appeals
shall be heard in a closed record appeal hearing, as defined in RCW 36.70B.020(1) at the same time as the
public hearing on the development agreement and development plan
(b) City council decision on appeals. In making a decision on the appeals, the Council shall follow the
procedures of FWCC 22-451 through 22-455.
(c) Scope of review of development agreement and development plans. The city council shall
consider the request for approval of the development agreement and plan based on the decisional criteria
listed in the provisions of this chapter describing the proposal.
(d) City council action. After consideration of the entire matter, the city council shall, by action
approved by a majority ofthe total membership, take one ofthe following actions:
(1) The city council has the option to:
a. Grant the application as proposed; or modifY and grant the application. In either case, it
shall give effect to this decision by adopting an ordinance, which approves the change in
comprehensive plan designation and zoning based on the approved development agreement and
development plan.
b. Deny the application. The city council shall give effect to a denial by adopting a resolution
pursuant to subsection (c) of this section.
c. Findings of fact and conclusions. The city council shall include in the ordinance or
resolution:
I. A statement of the facts that support the decision, including any conditions and
restrictions that are imposed; and
2. The city council's conclusions based on those facts.
(e) Effect. The decision of city council on an application for change in comprehensive plan
designation and zoning based on the approved development agreement and development plan is the final
decision of the city.
22-016 Notice of final decision.
(a) General. Following the final decision by the city council, the director of community development
services shall prepare a notice of the city's final decision on the application.
(b) Distribution. After the city council's decision is made, the director of community development
Article ..
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Devetopment Agreements
services shall distribute a copy of the notice of the final decision as follows:
(I) A copy will be mailed to the applicant.
(2) A copy will be mailed to any person who submitted written or oral comments to the city
council.
(3) A copy will be mailed to each person who has specifically requested it.
(4) A copy will be mailed to the King County assessor.
22-017 Judicial review.
Pursuant to RCW 36.70B.200, the action of the city in granting or denying an application under this
article may be reviewed pursuant to Chapter 36.70C RCW in King County superior court. The land use
petition must be filed within 21 calendar days after the final land use decision of the city.
22-018 Term of agreement.
Unless amended or terminated, a development agreement is enforceable during its term by a party to
the agreement. A development agreement and the development standards in the agreement govern during
the term of the agreement, or for all or part of build out period specified in the agreement, and may not be
subject to an amendment to a zoning ordinance or development standard or regulation adopted after the
effective date of the agreement. A permit or approval issued by the city after the execution of the
development agreement must be consistent with the development agreement.
22-019 Recording.
A development agreement shall be recorded with the King County Department of Records. During
the term of the development agreement, the agreement is binding on the parties and their successors.
22-020 Amendment of development agreement.
Amendments to the terms of the development agreement shall be done only by a written instrument
executed by all parties pursuant to the procedures of this article, or as may be amended. The city will
process and decide upon an application for an amendment as if it were an application for a new
development agreement.
22-021 Minor modification of development plan.
The Director of Community Development Services may approve minor modifications to the
development plan on a case-by-case basis using process III described in FWCC 22-386 through 22-411.
Criteria for approving minor modifications include but are not limited to the following guidelines:
(I) Modifications shall conform to the terms of the development agreement;
(2) The change will not result in reducing the total landscaped area, buffer areas, or the amount of
open space on the project;
(3) The change will not result in increasing the residential density or gross floor area of the
project;
(4) The change will not reduce any required yard;
(5) The change will not result in any increase in height of any structure;
(6) The change will not result in a change in the location of any access point to the project;
(7) The change will not increase any adverse impacts or undesirable effects of the project; and
(8) The change in no way significantly alters the project.
Any modification to the development plan not deemed to be minor, shall be considered major and
shall be decided upon as if it were an application for a new development agreement.
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Article *'
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Development Agreements
22-671 Churches, etc.
The following uses shall be pennitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section:
~ DIRECTIONS: FIRST, read down 10 find use. .. THEN, across for REGULATIONS
0 Minimums Maximums
§ ~ Required Yards
;0 8
C e
~ ~~
'3.2
I~
USE
Church,
synagogue
or uther
place of
religious
wo"hip
~
¡;;
.§
:=
~
~
~
"
¡;;
a
~
~
~
u
.§
'ë; ~
.EiB
l~
'¡!
e
"'
Process 17,200 130 ft. 130 ft. 130ft. 175%
N sq. ft. See notes 2 and 5
See
note 1
pro,,"t.U,m"'dlvorede"'ribedinT
' , 22-351 e 22.356,
22-361 e22-370
22-386 e22-411,
22-431 e 22-460, ""pectively.
InRM3~6
and 2.4
zones, 30 ft.
above
average
building
elevation. In
RMI.8
zones, 35 ft.
above
average
building
elevation.
See note 4
I
~
"tJ-
~ "
H
"..
USE ZONE CHART
ZONE
RM
SPECIAL REGULATIONS AND NOTES
A
transportation
management
plan (TMP)
shall be
submitted as
part of the
application.
The TMP shall
address the
following:
traffic control.
parking
demand and
management,
and traffic
movement 10
the adjacent
streetsyslem.
-C::::-FO"ther ¡nfonn,tion ,bout porking ",d porking ore", see ' 22.1376 et ..q.
I. If the subject property, along with any contiguous aiea intended for future 'use for the religious activities or related
purposes, is more than five acres, the use must obtain a master plan approved through process IY. The master plan must
show the ultimate development of the site including all buildings, parking and circulation areas, other major
improvements and buffers. For proposals also reouiring a development agreement, the citv council's public hearing on a
development agreement shall take the place of the public hearing for master plan approval bv the hearing examiner.
2. The subject property may contain a rectory or similar dwelling unit for use by the religious leader of the congregation.
If this is a detached dwelling unit, its setbacks are as established for detached dwelling units in the zone.
3. The subject property must be adjacent to a collector or arterial rigbt-of-way.
4. If any portion ora structure on the subject property is located less than 100 ft. from an adjacent low density zone, then
either:
a. The height of thai portion of the Structure shall not exceed 15 ft. above average building elevation; or
b. The facade of that portion of the structure parallel to the low density zone shall not exceed 50 ft. in length.
5. Parking may be located within required side and rear yards, but not closer than 15 ft. to any property line.
6. Refer to § 22-946 et seq. 10 determine what other provisions of this chapter may apply to the subject property.
7. Refer to Article XVII, Landscaping, for appropriate requirements.
8. For sign requirements that apply to the project, see Article XVIII.
9. For community design guidelines that apply to the project, see Article XIX.
For details ofwhntm,y oxeeedthis height limi< see , 22-IO46etseq.
For details regnrdingrequired yor"',see , 22-1131 et..q.
(Onl. No. 90-43, , 2(2S.35),2-27-90: 0nI. No. 93-170, ' 7(Exh. B), 4-20.93; Ord. No. 97-291, ' 3,4-t-97; Ord. No. 99-333, ' 3, 1-19-99; Ord. No. Ot-38S §3,4.3'()I)
1:12002 Code Amendments\Development AgreementslCily CoUDc¡¡lFinni So< 22-671.docl0912312002 2:46 PM