Ord 01-381
ORDINANCE NO. 01-381
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 OF
THE FEDERAL WAY ZONING CODE AND CHAPTER 20, THE
FEDERAL WAY SUBDIVISION CODE, ADOPTING SPECIFIC
AMENDMENTS, AND ADDING NEW REGULATIONS FOR
CLUSTER SUBDIVISIONS.
A.
Amendments to the Federal Way City Code (FWCC) text are authorized
pursuant to FWCC Section 22-216 pursuant to Process VI review; and
B.
The Federal Way City Council has considered proposed changes to the
FWCC regarding cluster subdivisions; and
C.
The Federal Way City Council, pursuant to FWCC 22-517, having
determined the Proposal to be worthy of legislative consideration, referred the Proposal to
the Federal Way Planning Commission as a priority item for its review and
recommendation; and
D.
The Federal Way Planning Commission, having considered the Proposal at
public hearings during 2000 on September 20, and October 4, pursuant to FWCC Section
22-523, and all public notices having been duly given pursuant to FWCC Section 22-528;
and
E.
The public was given opportunities to comment on the Proposal during the
Planning Commission review; and
ORD #01-381 , PAGE 1
t~[PY
F.
The City of Federal Way SEPA responsible official issued a Declaration of
Nonsignificance on September 8, 2000; and
G.
Following the public hearings, the Planning Commission submitted to the
Land Use and Transportation Committee of the City Council its recommendation in favor of
proposed zoning text amendments adding sections to the FWCC as noted previously; and
H.
The Federal Way Land Use and Transportation City Council Committee met
on November 6, 2000, to consider the recommendation of the Planning Commission; and
has moved to forward the Proposal, with amendments, to the full City Council; and
I.
There was sufficient opportunity for the public to comment on the Proposal;
Now, THEREFORE, THE CITY COUNCil OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN As FOllOWS:
Section 1. Findinas. After full and careful consideration, the City Council of the City
of Federal Way makes the following findings with respect to the Proposal and the
proposed amendments to the Federal Way City Code ("FWCC"):
1.
The Federal Way City Council adopted the Federal Way Comprehensive
Plan in order to comply with the state's Growth Management Act; and
2.
The Federal Way Comprehensive Plan contains policies that call for a variety
of housing types, protection of single family neighborhoods and encourage open space;
and
ORD #01-381 , PAGE 2
3.
The Federal Way SEPA responsible official has issued a Declaration of
Nonsignificance on September 8, 2000; and
4.
The proposed code amendments would not adversely affect the public
health, safety, or welfare; and
5.
The Planning Commission, following notice thereof as required by RCW
35A.63.070, held public hearings on the proposed regulatory amendments and has
considered the testimony, written comments, and material from the public by and through
said hearings.
Section 2. Conclusions. Pursuant to FWCC Section 22-216 and based upon the
Findings set forth in Section 1, 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.
LUG 3
LUP 1
LUP 10
LUG 1
LUG 3.1
The Proposal is consistent with the following Comprehensive Plan goals and
policies contained in the Land Use and Housing chapter
Preserve and protect Federal Way's single-family neighborhoods.
Develop residential design performance standards to maintain neighborhood
character and ensure compatibility with surrounding uses.
Support a diverse community comprised of neighborhoods which provide a
range of housing options; a vibrant City Center, well designed and functioning
commercial areas; and distinctive neighborhood retail areas.
Improve the appearance and function of the built environment.
Provide wide range of housing densities and types in the single family
designated areas.
ORD #01-381 , PAGE 3
LUP 16
LUP 18
LUP 19
LUP 20
HG 1
HP16
HP27
Revise existing land use regulations to provide for innovation and flexibility in
the design of new single-family developments and in-fill.
Encourage the development of parks and the dedication of open space in
and adjacent to residential areas to preserve the natural setting of Federal
Way.
Consider special development techniques (e.g. accessol}' dwelling units, zero
lot lines, lot size averaging, and planned unit developments) in single-family
areas, provided they result in residential development consistent with the
quality and character of existing neighborhoods.
Preserve site characteristics that enhance residential development (trees,
watercourses, vistas, and similar features) using site planning techniques
such as clustering, planned unit developments, and lot size averaging.
Preserve and protect the quality of existing residential neighborhoods and
require new development to be of a scale and design that is compatible with
existing neighborhood character.
Consider reducing minimum lot sizes to allow construction of smaller.
Detached single-family houses on smaller lots.
Encourage new residential development to achieve maximum allowable
density based on net building area.
Section 3. Amendment. The Federal Way Subdivision Code, Chapter 20, and
Zoning Code, Chapter 22, is amended to provide as set forth in Attachment A and by this
reference is incorporated herein.
Section 4. 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 circumstances.
ORD #01-381 , PAGE 4
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 take effect and be in force five (5)
days from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this
T~nn~ry , 200dl.
16th
day of
CITY OF FEDERAL WAY
~~~#~
MAYOR, MICHAEL PA .
)ilJL~ vJ~
CITY CLERK, N. CHRISTINE GREEN, CMC
ApPROVED As To FORM:
---&J1-- e. ~
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK: 12/12/00
PASSED BY THE CITY COUNCIL: 01/16/01
PUBLISHED:Ol/20/01
EFFECTIVE DATE: 01/21/01
ORDINANCE No. 01-381
ORD# 01-1Rl
, PAGE 5
Attachment "A"
Chapter 20 Subdivision Code
Sec. 20-153. Density
(a)
All lots in conventional subdivisions shall meet the density and nùnimum lot
size requirements of chapter 22. Calculation of density in subdivisions shall
not include streets or vehicle access easements.
Lots created in cluster subdivisions may be below the minimum lot size
requirements of chapter 22, Zoning, provided the total number ofIots created
does not exceed the number which would be permitted in a conventional
subdivision on a site of the same total area, after reservation of required open
space. The total number ofIots permitted will be calculated by subtracting the
required open space 15 percent and subtracting 20 percent for streets from the
gross land available, then dividing by the minimum lot size of the underlying
zoning district.
(b)
Sec. 20-154. Cluster Subdivisions
PUI:pose - The pUl:pose of cluster subdivisions is to orovide desil!D flexibility sensitivity
to the surroundinlZ environment and innovation consistent with the site and the
Comprehensive Plan' promote compatibility with housing on adiacent prooerties through
lot size and design' oromote affordable housing' oromote reduction ofimpervious
surface' and oromote usable ooen soace.
(a)
(b)
(c)
(d)
(e)
lH erder te flr-omete OfleR SflllGe aRd the flreteGtiaR ef Ratura! features SliGh as
trees aRd ,yetlands, a.nd ether eR liranmeRtaily sensiti"le ar-ella, lata may be
redHeed ia size a.nd fllaeed ia elHstefs aR the site. The gross land area available
for cluster subdivisions must be a minimum of two acres.
Lots created in a cluster subdivision may be reduced in size below the
minimum required in chapter 22, up to one-half of the size of the underlying
zoning requirement, but in no case smaller than ~ 5000 square feet per lot,
provided that minimum setback requirements are met. This provision cannot
be used together with section 22-0967(d)(I) (affordable housing bonus).
When the cluster subdivision abuts an established sinlrle familv use or zoned
neilZhborhood the lots in the oroposed develooment immediately adiacent
shall be no less than the neighboring lot size. or the underlvinlZ zOninlZ
minimum lot size minus 10 percent whichever is smaller.
Cluster lots may not be created on slopes of 15 percent or greater. Slopes are
to be measured in their natural state.
aDen space.
Cluster Subdivisions Amendments
Page 1
Attaclunent A
Will
(e)
(g)
W 1. Open space created by through cluster subdivisions shall be protected
ITOm further subdivision or development by covenants filed and
recorded with the final plat ofthe subdivision.
Anv subdivision created by this section must orovide all open soace
on-site and it must be all usable exceot uo to five oercent can be
buffer.
All usable open space must be readilv identifiable with the
development and easilv accessible by the residents. Usable open soace
should be the central focus and an amenity for the project.
Cluster subdivisions can be constructed with zero-lot lines under the following
conditions: previded that lie more than two llnitS may share a Dommell wall.
1. No more than two units shall share a common wall.
2. Zero-lot line cannot occur in zones ofRS 9.6 or greater.
3. Each dwelline unit shall be built to respect orivacv ofabuttine homes.
4. Zero-lot line develooment cannot exceed 10 percent ofthe lots
proposed unless it is in a multi-family zone.
5. Each unit shall be intended for owner occuoancv.
f.ß)' sllbà¡"'~siell ereated by this seetiell H!\Ist praviàe all epell spooe all site
IIßd it mllst all be IIsalJle.
Cluster lots are not elil!:Ìble for accessory dwelline units under Section 22-613
or 22-648.
2.
3.
Approval Criteria - The innovative or beneficial overall Quality of the proposed
development shall be demonstrated by the followine criteria:
(a)
(b)
(c)
(d)
(e)
The subdivision orovides innovative development otherwise not allowed but
which promotes the eoals of the comprehensive plan for architectural
compatibility with sinele farnilv housine on adjacent properties.
The subdivision results in common ooen soace at least 10 percent of the gross
land area. which is identified with the development and easily accessible to
residents.
Cluster lots immediatelv adjacent to existing neighborhoods have incorporated
desien elements through lot size and architecture to be compatible as
approved by the community development services director.
The cluster subdivision will not result in destruction or damaee to natural
scenic. or historic features.
Each dwelling unit shall meet the desil!D standards in the FWCC Community
Design Guidelines for cluster subdivisions.
Cluster Subdivisions Amendments
Page 2
Attachment A
Chapter 22 Zoning
Article XIX. Community Design Guidelines
Sec. 22-1640. Desilm for cluster residential subdivision lots
(b)
(c)
(d)
(a)
GaralZes shall be provided for all residential lots exceot if the lot is in a multi-
familv zone.
Front entrywavs should be the orominent feature of the home. Attached
garalZes should not compose more than 40 percent of the front facade of the a
single family home if the lZarage doors are flush with the front facade or will
be setback a minimum offive feet from the rest of the fTont facade. Detached
garalZes should also be setback a minimum offive feet from the facade.
If lZaralZe access is provided from alleys. the front vard setback can be reduced
to 15 feet.
Each dwelling unit shall be intended for owner occupancy.
t\DOCUMEJ<I\Ct~'" Sobd"",;oMIS"","""o,, C"d, 2 d""""t printod Ot/t9nOOI 3044 PM
Cluster Subdivisions Amendments
Page 3
Attachment A
Sec. 22-613. Accessory dwelling units.
The foIlowing uses shaIl be permitted in the suburban estate (SE) zone subject to the regulations and Dotes set forth in this section:
USE ZONE CHART
DIRECTIONS FIRST."'" down to fmd =.. THEN.""'MfocREGULATIONS
MINIMUMS I MAXIMUMS
REQUIRED Y AIDS
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SPECIAL REGULATIONS AND NOTES
"'=""Ydwoll.,. 1""'='llsoono«130
unit(ADU)in,ingJo I
fonily=idon",
10
10 ISoono«/30"""'o Isoo no« 5.
2. .vcngo
building
olmtion
I. An - dwell.,.unit (ADU) ""'I moct tho dofonition ontlinod inSootion 22-1. Minion.nIot'¡"f", ADUa"""""
upon tho mininuun lot ,¡,., CO< the oxiotin¡primæy dwnll.,.unit" ...forth in Sootion 22-596. Tho mininuun lot ~",fian
22-596 ¡, 5 """'.
2. Only"", ADU _be....ted P" ""'joct property. Tho ADU "'" tho primæy dwell'" unit together """not=-l tho
""""""""Iot_""",,bod in Sootion 22-596. 'I
3. An ADU ""'I beœ.;!O'Odao tho~ to tho d,"""",,_lyfo..ibl~ tho """"""",of tho building """"" thotor.
",,",e-fonily ""donee. The ""'ign "'" ,i", of", ADU ""'!be primæy dwelIingunit ""'I oonfonn 10 "'I """"""10
It"""",, in !be mnin& building, pI_'" el""'", meohoni", fue. beaItb, "'" ony other oppli"""" """" .".quUedCO<
ony now """""""on. All ADU'a ond primmy dwell'" unita aba11 "'" meet tho mininuun - of!be Unif"",,_'
Code. Certiñoation by _ate utility provid<tta of availability of aufficiont water. aewor andI", aepûo aomoea to tho I
propooed ADU. muat be "",,"dcd .. part of the opplioation.
4. Refer to Miole XVII. I.andacapin& CO< -..., ~
5. Standanlparlcing~ta... oetfortbunderSootion22-63l. Boyondthoaeno¡uUemonta, one additional ofparlcing
"""'m¡uUedCO<",ADU.
6. Sootion22-94600ntainJ-""""'_homo oocupaú"'" ondother_uaea.faoilitioa""'ootivitioa
uaociated with thiauao. Homo oocupaú"",... not "'lowed in",ADU
7. ADU"nay be """"" through tho onttanoc 10 tho - dwnlIingunit.. through ",additional onttanoc on tho ~do '"
,." of tho ""donee. Only one - ¡, "'lowed on tho ftont of tho =ideeoo.
8. The property"""". -""de in"""'tho primmydwelIingunito< ADUf..6montba ",owe ofoaoh """""'yoM,'
",d at no time ..oeivc =,.. other oompenaation f", tho """"-ooeupied unil
9. AnADU """ oontainbotwnen 300-800 aq. It. but ""'I notoxoecd4O% of tho aq. It of tho primmy dwellingunil The
unit ""'I hove no ""'" than two bodrooma.
10. No owethan"", ",,",ehouaekoepingunit- """""" ",ADU
II. Applioation fo< '" ADU ponnit """ be made 10 the Dopc1n=t of Community De.elopment SoMoea in """"""'"
with the ponnit proeedu= adopted by tho Departmon~ ond ""'I inoIudc al- ofopplioatioofiom thoowno(a)aIaôq¡tboI
!be ~a) ""'I """"""one of the dwell'" unita on tho ¡><enUaea, exoept fo< bona rule I<rnponry obaeeooa,I1raix"""""
.. m... of tho """""'yoM. An ADU opplioation ""'1.110 be filed". deed....,;",on with tho KingCoonty I)epartm<tt
ofRoœnla ond Eleoti"", 10 indioate tho,....".. of",ADU. tho <OqUimnont ofownor""""""",. ondothor_f..
nuúntainingtho unit" _bod in thia oode. Canoel"'ion of",ADU'a .......tion _be ~bytho""'fiIiq¡'l
. 10'" with the Department of Community De.elopmon! SeM'" f.. =onIing " tho Doportmeot """"""" ondE1edi-
"may""""".=ultof",onroroomontootion.
12. Fo<,ignno¡uUemontatbot "PPlyto tho project, = MioleXVITI.
13 ADU....on.toenmttedonoluatenuhdivUion Iota undet Ieotion 20-1541.)
L F..otherinfonnationoboutparlcingondparlcing...... =§ 22-1376 "Ie<¡.
-=1. n. !II",d IV d""'bodin
§§ 22-38&--22411.
22431-22-460.
2247&--22498 teapeotively.
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FOtdctai~ ofwbat_exoeod thiah"gbtlimi~ = § 22-1046.. Ie<¡.
F..dctai~""""",,"teqUÜ'od_...§22-1I31 "Ie<¡.
(Ord. No. 95-245, § 3(c). 11-21-95; Ord. No. 97-291, § 3, 4-1-97)
nDOCUMEN1\Clmlo< SubdMai~\Sootion 22~I3.doo/Lu'priuted 011"12001 "'4 PM
See. 22-648. Accessory dwelling units (continued).
USE ZONE CHART
DIRECTIONS FIRST. ",.ldowntofmd""... THEN. "'"'" f",REGULATIONS
MINIMUMS I MAXIMUMS
REQUlREOYARDS
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§§ 22-386-22-411.
22-431-22-460.
22-476-22-498 =poctiv,Iy.
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(Ord.No.95-245,§3(d),11-21-95;Ord.No.97-291, §3,4-1-97)
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llDOCUMEN1\Cr...., S"bdi,;,;",,\Soction 22-648.dodLut print<d 01/1912001 4<>2 PM
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ZONE
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SPECIAL REGULATIONS AND NOTES
11. AppIi"'ion f", ~ ADU pomUt,¡wi bo mod, to tho Doportmont ofCommintity
DovcIopmont S«Vi", in """"""'œ with th, pomUt proœd"", odopt<d by tho Doportmon, """
,¡wI ind""" ,1- of"",Ii""onúom tho ownot{,),tatingthot th, own",,) "'di occupy on< of
th, dwoninginti" on th, pmni",. oxœptf",bon,fido lempotOty ,b"""". f""òxmontlo '"
m=ofth, ooIondot_.AnADU "",Ii""on,¡wl ""bofi!od " """'",,",,"on withth,
King eo""ty Doportmont of~ """ EI,,"o", to iruli",.. tho "'~ of~ADU, th,
t<quUomont of own" """",""" ond otb" """",," fo< maintaining tho unit " "","bod in tIUo
oodo. """,n,tion of ~ ADU', _ion may bo "",,"pli""" by th, own" filing ,1- with
th, Doportmont of Comnnmity DovcIopmont 8«Vi", f", =ding " th, Doportmont of R""""
ondEI",¡"".",_""""",.=u1tofonouf_""'""
12. Fo< '¡",'oquImnont. that 'PP1y to tho projoct, ",Mid, XVIll.
13 ADU""not=ittcdond"""",bdi",ioniotaund,,""'ion20-154I,'
L FOIo"", inf~ation aboutpatking ond paricing "'... '" § 22-1376" ~q.
FOI dotail, of what.",. _od flU, h,ightlinti,~, § 22-1046" "'1.
Fo,dotail,_tO..ú""y""". ""§ 22-1131 ""'1.