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Ord 02-414 CITY OF FEDERAL WAY ORDINANCE NO. - 02-414 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO ADDRESS FRONT AGE IMPROVEMENTS WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); and WHEREAS, the City of Federal Way finds that the amendments to FWCC Chapter 22 (Zoning). to modify standards relating to frontage improvements will provide an incentive to redevelop properties; and WHEREAS, the City of Federal Way finds that the code amendments relating to frontage improvements will implement and are consistent with the Federal Way Comprehensive Plan; and WHEREAS, the City's State Environmental Policy Act (SEP A) Responsible Official issued a Determination of Non significance on the code amendments relating to frontage improvements on October 13,2001; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code amendments relating to frontage improvements on December 5, 200 I, and forwarded a recommendation of ap!l>roval to the City Council; and WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered the code ~mendments relating to frontage improvements on January 7, 2002, following which it recommended adoption of the text amendments; and WHEREAS, the City Council finds that the code amendments relating to frontage improvements are consistent with the intent and purpose ofFWCC Chapter 22 (Zoning) to proVIde for and promote the health, safety, and welfare of the general public. Oed No. - . Page] 102-414 .!Ädi~~-"~A. ~~~J 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, safely, 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: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUG 1 Improve the appearance and Junction oj the built environment. LUP 6 Conduct regular reviews oj 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 will result in incentives for redevelopment and restoration of existing development, AND 3. The proposed amendment is in the best interest of the residents of the City because they may result in increased redevelopment of existing properties resulting in increased efficiency and effectiveness of City resources. 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. Oed No. ' , Page 2 1102-414 Section 5. Ratification. Any act consistent with the authority and prior to the enectivc 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 Council of the City of Federal Way at a regular meeting of the City Council on the -Iii£. day of rc.JrI..Ld-F L/ ( ,2002. ApPROVED: ~rn:!~ ATTIìST: c~cr~ ~ ApPROVED AS TO FORM: ~t~~ City Attorney, Bob C. Sterbank FILED WITH THE CiTY CLERK: PASSED BY THE CITY COUNCIL: 01/29/02 02/19/02 PUBLISHED: EFFECTIVE DATE: 01/71/0? 02l2R/O? 02-414 ORDINANCE No: Oed NiIÙ-4'1~gc 3 ATTACHMENT A DRAFT PROPOSED CODE REVISIONS Article XVI. IMPROVEMENTS Sections: Division 1. Generally 22-1471 Special regulations in designated areas. 22-1472 Official right-of-way map adopted. 22-1473 When public improvements must be installed. 22-1474 Required public improvements. 22-1475 Additional improvements. 22-1476 Traffic control devices and signing. 22-1477 Modifications, deferments and waivers. 22-1478 Bonds. 22-1479 - 22-1495 Reserved. DIVISION I. GENERALLY 22-1471 Special regulations in designated areas. Ift~e city council has approved a public improvements master plan or special design guidelines for ~ particular area that includes a right-of-way, the master plan or other guidelines will be filed witl~ the city clerk and will govern the improvements to be provided by developments that abut that right-of-way. (Ord. No. 90-43, § 2(110.10), 2-27-90; Ord. No. 98-330, § 3, 12-15-98) 22-~472 Official right-of-way map adopted. The public works director shall produce and keep current an official right-of-way classification map that classifies each of the improved and proposed rights-of-way, other than alleys, based on the classification standards contained within FWCC 22-1524 and 22-1525 and the objectives the comprehensive plan. This right-of-way classification map, as adopted and amended from time to time, shall have the full force as if its provisions were fully set forth within this chapter. (Ord. No. 90-43, § 2(110.15), 2-27-90; Ord. No. 98-330, § 3, 12-15-98) 22-1473 When public improvements must be installed. (1) The term ]rontage improvements ': as used in this section shall refer to the construction, reconstruction or repair of thefollowing facilities along the filII abutting public street frontage ofpmperfy (USn (a) The applicant shall provide the improvements required by this article if the applicant engages in any activity which requires a development permit except for the following City ?f Federal Way DrafrCode Revisions (I) The applicant need not comply with the provisions of this article if the proposed (a) The applicant shall provide the improvements required by this article if the applicant improvements in any 12-month period do not exceed 25 percent of the assessed or appraised value (based on an MAl appraisal provided by the applicant) of all structures and land combined on the subject property, whicl1ever is greater, except that if the subiect property is equal to or greater than 100 000 square feet in size the land value shall not be included in the assessed or appraised value used to determine the 25 percent. (2) The applicant need not comply with the provisions of this article if, within the immediately preceding four years, public improvements were installed as part of any subdivision or discretionary land use approval under this or any prior zoning code, (3) The applicant need not comply with the provisions of this article if the proposal is to locate a personal wireless services facility (PWSF) on the subject property, (4) The applicant need not comply with the provisions of this article if the proposal is for facade implrovements only. In addition. the cost of improvements required by Article XIX. Community Deslign Guidelines shall not be included in the total cost of improvements measured over a 12- moIlth period pursuant to Section 22-1473(a)(1). (5) Tenant improvements unless the proposed improvements add additional floor area. (6) ¡fthe required improvement is part ofa larger proiect that has been scheduled for construction in the citv's adopted six-year transportation improvement program the public works direFtor may permit the applicant to fulfill the applicant's obligation under this section by paying to tile city the pro rata share of the costs of the required improvements attributable to the development ofthe subiect property as. determined by the public works director. For purposes of determining the applicant's pro rata share funds received by the City from any federal state. or loeal grant for the proiect shall be excluded from the total cost of the planned six-year transportation improvement. (b) Right-of-way adjacent to and within subdivision and short subdivisions must be dedicated and improved consistent with the requirements of this article, unless different requirements are imposed by the city as part of the subdivision or short subdivision approval. (Ord. No. 90-43, § 2( 11020),2-27-90, Ord, No, 98-330, § 3,12-15-98; Ord, No, 00-363, § 15. 1-4-00) 22-1474 Required public improvements. (a) Generally The development standards portion ofFWCC 22-1523 through 22-1528 establish the improvements that must be installed, based on the classification of the various rights-of- way witl1ill tile city The applicant shall, consistent with the provisions of this article, install all improvements established ill FWCC 22-1523 througl1 22-1528 along the frontage of each City Qf Fcderal IVa) D~lftCode Rc,'iSiOIlS 2 right-of-way, other than alleys, that abuts and traverses the subject property, commensurate with the impacts of the development. At a minimum, improvements shall be required on the abutting side of the right-of-way and a 10-foot lane on the side of the right-of-way opposite the frontage. (b) Additional dimensions and improvements. The applicant may increase the dimensions of any required improvement or install additional improvements within the right-of-way with the written consent of the public works director. (c) Authority to require dedication. Ifa right-of-way abutting the subject property has inadequate width based on the requirements in FWCC 22- I 523 through 22-1528, the applicant shall dedicate a portion of the subject property parallel to the right-of-way and equal in width to the difference between the present right-of-way width and the width required by FWCC 22- 1523 through 22-1528 for that right-of-way. The public works director may waive additional dedication or may permit dedication ofa lessor amount of the subject property for additional right-of-way width if (I) It is likely to anticipate that, within the near future, the private property across the right-of-way will be required to dedicate property for public right-of-way; or (2) The reduction in tile required right-of-way width will nonetheless provide adequate room for all improvements, infrastructure and functions within the right-of-way. For the purpose of determining the rough proportionality of right-of-way dedication to the development's impacts, the city may require up to 300 square feet of right-of-way dedication per average daily trip generated by the development. All dedications under this subsection shall be by conveyance through a statutory warranty deed. (d) Partial right-of-way improvements. Where a right-of-way abutting the subject property does not, even after dedications required under subsection (c) of this section, contain adequate width to install all of the improvements required within that right-of-way under this article, the applicant shall install improvements within the right-of-way which will provide a safe and efficient right-of-way and which will facilitate completion of all right-of-way improvements required in this article at a later date. The specific extent and nature of improvements, where full right-of-way width is not available, will be determined by the public works director on a case-by-case basis (e) Easements. The public works director may require the applicant to grant such easements Over, under and across the subject property as are reasonably necessary or appropriate under the circumstances, including but not limited to easements for the following: (1) Pedestrian access and sidewalks (2) Street lighting (3) Trat11c control devices (Ord. No. 90-43, § 2(1 10.25), 2-27-90; Ord. No. 98"330, § 3,12-15-98) City ør Federal Way Draft Code Rel'isions 22-1475 Additional improvements. The city may require the applicant to pave or install additional improvements within rights-of- way, either abutting or not abutting the subject property. This may include traffic signals, channelizations, turn lanes, and other improvements necessary or appropriate to improve traffic circulation and safety, the need for which is directly attributable to development of the subject property. Where appropriate, the public works director may permit the applicant to fulfill the applicant's obligation under this section by paying to the city the pro rata share of the costs of the required improvements attributable to development of the subject property, as determined by the public works director. The city may also require the applicant to provide traffic studies and other data describing the traffic impacts of the proposed development, the need for improvements under this section, and the reasonable pro rata share of the costs of these improvements to be borne by the applicant (Ord. No. 90-43, § 2(110.30), 2-27-90; Ord. No 98-330, § 3, 12-15-98) 22-1476 Traffic control devices and signing. All traffic control devices and pavement markings shall conform to the Manual on Uniform Traffic Control Devices (M.u.T.c.D.) as adopted, from time to time, by the State Department Of Tramsportation. (Ord. No. 90-43, § 2(110.55), 2-27-90; Ord. No. 98-330, § 3, 12-15-98) 22-]477 Modifications, deferments and waivers. The,public works director may modify, defer or waive the requirements of this article only after con$ideration of a written request for the following reasons: (1) The improvement as required would not be harmonious with existing street improvements, would not function properly or safely or would not be advantageous to the neigl1borhood or city as a whole. (2) Unusual topographic or physical conditions preclude the construction of the improvements as required. (3) Proper vertical or horizontal alignments cannot be determined because the existing streets do not have correct alignments. (4) The required improvement is part ofa larger project that has been scheduled for construction in the city's adopted six-year transportation improvement program. (Ord No. 90-43, § 2(110.60), 2-27-90; Ord. No. 98-330, § 3, 12-15-98) 22-1478 Bonds. The city may require or permit a bond under FWCC 22-146 et seq to insure compíiance with any of the requirements of this article. (Ord No. 90-43, § 2(11065),2-27-90; Ord. No. 98-330, § 22-1479 - 22-1495 Reserved. City of Federal Way Draft Code Re\.¡sIOIlS 4 City QI" Fcderal Way DmftCodc Revisions