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Ord 90-077 ORDINANCE NO. 90-77 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY ZONING CODE §115.75.3 (ORDINANCE NO. 90-43), RELATING TO LAND SURFACE MODIFICATIONS¡ PROHIBITING SPECULATIVE GRADING AS AN OUTRIGHT PERMITTED USE. WHEREAS, amendments to the Federal Way Zoning Code text are authorized pursuant to Federal Way Zoning Code §135 and §160¡ and WHEREAS, Federal Way Zoning Code §135.15 contains the criteria for amending zoning Code text¡ and WHEREAS, a threshold review of this proposal was considered by the Federal Way City Council on August 13, 1990, pursuant to Federal Way Zoning Code §160.20¡ and WHEREAS, the Federal Way city council, having determined the proposal to be meritorious, referred the proposal to the Planning commission for its review and recommendation¡ and WHEREAS, the Planning Commission having considered the proposal at a public hearing on October 17, 1990, and all public notice having duly been given, pursuant to Federal Way Zoning Code §160.30 and §160.40¡ and WHEREAS, following the public hearing, the Planning commission having determined that the proposed zoning text amendment should be adopted and having submitted this recommendation to the Council¡ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: COP'f section 1. The Findings of Fact of the Federal Way Planning Commission pertaining to this amendment are adopted by reference in totality by the Federal Way City Council. section 2. Pursuant to Federal Way Zoning Code §135.15 and §160.75.2 and based upon the above Findings,. the Federal Way city Council makes the following Conclusions of Law: A. The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan, as the proposed text amendment precludes speculative grading and delays the adverse impacts of a Land Surface Modification until such time as development-specific mitigations to adverse impacts can be determined and required for the site. B. The proposed amendment bears a substantial relation to public health, safety or welfare, as the proposed text amendment will aid in the maintenance of natural vegetation, sensitive areas and groundwater exchange for the maximum length of time, and until negative grading impacts can be tailored for a specific development proposal. C. The proposed amendment is in the best interest of the residents of the City, as the proposed text amendment will delay grading of a site until it is diverted to a specific development, thereby assisting in protecting the existing natural environment functions and values. Section 3. The Federal Way zoning Code §115.75.3 is amended as follows: -2- 115.75 '1. Land Use Modification General - The applicant shall comply with this section with respect to all land surface modifications. 2. Nature of Fill Materials - All materials used as fill must be non-dissolving and non-decomposing. Fill materials must not contain organic or inorganic material that would be detrimental to water quality or existing habitat or create any other significant adverse impacts to the environment. 3. Permitted outriqht - A land surface modification is permitted only if it: a. has been approved as part of a valid development permit (except qradinq permits issued under Chapter 70 of the Uniform Buildinq Code), subdivision, or substantial development permit; b. is for cemetery graves; c. is in a right-of-way and authorized in writing by the Director of the Department of Public Works; d. is for mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where a permit has been issued by the State of Washington, Department of Natural Resources; e. is for exploratory excavations under the direction of a professional engineer licensed in the state of Washington, provided that the extent of the land surface modification does not exceed the minimum necessary to obtain the desired information; f. is for normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right- of-way; g. is for excavations for utility service connections to serve existing and/or new structures and is outside any area that is within the jurisdiction of Chapter 80 of this Code; -3- h. j. k. m. is for actions which must be undertaken immediately, or wi thin a time too short to allow for compliance with the permit requirements of Paragraph 4 of this Section, to avoid an imminent threat to public health or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of serious environmental degradation. This determination will be made by the Planning Official; i. is for the removal of overhanging vegetation and fire hazards or for removal of blackberry vines or dead, dangerous or diseased trees when authorized by the Building Official; is for placement of fill on land owned or controlled by the city; is an integral part of an ongoing agricultural or horticultural use on the subject property; 1. is conducted on property which contains a detached dwelling unit and which, because of the size of the property or the location of the dwelling unit, cannot be further subdivided or divided; or complies with all of the following criteria: 1) The subject property contains a permanent building or an active use. 2) The Land Surface Modification will not change the points where the storm water or groundwater enters or exits the subject property; and will not change the quality, quantity, or velocity of storm water or groundwater. The Land Surface Modification is outside any area that is within the jurisdiction of Chapter 80 of this Code. 3) 4) In anyone year period, not more than 100 cubic yards of fill material is deposited on, excavated and removed from or moved from place to place on the subject property. If the subject property is larger than one acre, the limit is one hundred cubic yards within each acre. -4- 4. 5) 6) 7) No trees defined as significant trees will be removed and no vegetation will be removèd if that vegetation was required to be retained by or through any development permit issued under this Code or any prior Zoning Code. If the subject property is 2 acres or larger and has 20% or more of its area covered with native vegetation, the land surface modification will not remove more than 20% of that native vegetation. The limitations of this paragraph 3.m.6) apply to all land surface modification on the subject property over time. The Land Surface Modification will not result in more than a two foot increase or one foot decrease in the average elevation of the subj ect property, computed using the elevation of the midpoint of each property line. Discretionarv Approval General - A land surface modification .that does not meet the requirements of paragraph 3 of this section may be approved through Process I. a. b. Reauired Information In addition to the application material required in Chapter 145 of this Code, the applicant must submit the following: 1} 2) A recent survey of the subject property. A map showing the limits of the proposed land surface modification; the location of utilities, easements, right-of-way improvements and any area regulated under Chapter 80 of this Code that is on or within 400 feet of any area to be disturbed by the proposed land surface modification. 3) 4) A tree retention plan. An erosion control/construction storm water control plan. phase -5- 5) ~ soils report which contains sufficient information to determine the potential impacts of the proposed land surface modification, as well as proposed measures to reduce or eliminate these impacts, all as determined by the City. c. Decisional criteria - The city may approve the proposed land surface modification if it complies with the following criteria: 1) Except as allowed under this Code, it will not alter or adversely affect streams, lakes, wetlands or significant trees, either on or off the subject property. 2) It will not violate any express policy of the city. 3) It meets at least one of the following criteria: a) It is necessary to correct an erosion or drainage problem on an undeveloped site. b) It is necessary to create utility or access corridors. new c) other unusual circumstances exist which make it reasonable to permit land surface modification in advance of the issuance of a development permit, subdivision or short subdivision approval or shoreline substantial development permit. 5. Tree and Plant Restoration If, during the land surface modification, any tree required to be retained or planted is damaged or destroyed, the applicant shall plant a tree of the same species at least 5 inches in diameter, as measured 6 inches about the top of the root ball if deciduous and at least 17 feet high if coniferous, in the immediate vicinity of the damaged or destroyed tree. The ci ty may require the applicant to removed the damaged or destroyed tree. -6- In addition, if the land surface modification destroys ground cover or shrubbery, the applicant shall hydroseed the bare soil and plant shrubs at least 24 inches in height in the immediate vicinity of the damaged or destroyed vegetation. 6. Bonds - The City may require the following bonds for any land surface modification approved by or under this section: a. A performance bond to guarantee that the land surface modification will conform to City standards and requirements. A maintenance bond for the stability of the work and the preservation of vegetation. b. section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. section 5. Severabilitv. 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 other persons or circumst ances. section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication of an approved summary of this ordinance. -7- PASSED by the City Council of the City of Federal Way this 11th day of December , 1990. ~~ MAYOR, DEBRA ERTEL SWANEY, CMC FILED WITH THE CITY CLERK: December 10, 1990 PASSED BY THE CITY COUNCIL: December 11, 1990 PUBLISHED: December 14, 1990 EFFECTIVE DATE: December 19, 1990 ORDINANCE NO. 90-77 90L130 -8-