ORD 23-962 - Relating to ADUs (Amending Title 18)ORDINANCE NO.23-962
AN ORDINANCE of the City of Federal Way, Washington, relating to
accessory dwelling units; amending FWRC 18.55.040, (Amending
Ordinance Nos. 90-41, 97-291, 98-309, 98-330, 01-381, 07-554, and 09-
610)
WHEREAS, the City of Federal Way ("City") recognizes the need to periodically modify
Title 18 (Subdivisions) of the Federal Way Revised Code ("FWRC"), in order to conform to state
and federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process; and
WHEREAS, Washington State is experiencing a housing affordability crisis; and
WHEREAS, the housing supply in Federal Way falls short of meeting the current and future
housing demand; and
WHEREAS, accessible housing options with convenient living arrangements that allow
family members or other persons to provide care and support without resulting in displacement or
relocation for persons with disabilities, multigenerational households, and seniors desiring to age in
place are very limited; and
WHEREAS, the City adopted a Housing Action Plan ("HAP") in October, 2021, which
provides a strategic road map of actions the City can take to encourage housing production, and
expand housing choices for residents of all income levels; and
WHEREAS, strategy #4 of the HAP is to encourage accessory dwelling unit ("ADU")
production; and
WHEREAS, the Washington Growth Management Act requires that development regulations
be subject to continuing evaluation and review; and;
Ordinance No. 23-962 Page 1 of 8
WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly
issued for the proposed various code amendments on March 24, 2023, the DNS was finalized on
April 7, 2023, no appeals were filed and the appeal period expired on April 28, 2023; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on
these code amendments on May 17, 2023, and forwarded a recommendation of approval to the City
Council; and
WHEREAS, the Land Use & Transportation Committee of the City Council of the City of
Federal Way considered these code amendments on June 5, 2023, and recommended adoption of the
proposed code amendments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) The recitals set forth above are hereby adopted and restated as findings of fact.
(b) These code amendments are in the best interest of the residents of the City and will
benefit the City as a whole by ensuring conformance with state law, protecting public health and
safety, and clarifying items within the Code resulting in less need for interpretation.
(c) These code amendments comply with Chapter 36.70A RCW, Growth Management.
(d) These code amendments are consistent with the intent and purpose of Title 18 under
FWRC and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
Ordinance No. 23-962 Page 2 of 8
(e) These code amendments bear a substantial relationship to, and will protect and not
adversely affect, the public health, safety, and welfare.
(f) These code amendments have followed the proper procedure required under the FWRC.
Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and
based upon the recitals and 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 adoption of the
proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially implement, the
following Federal Way Comprehensive Plan goals and policies:
HG3 Develop a zoning code that provides flexibility to produce innovative housing
solutions, does not burden the cost of housing development and maintenance,
and diversifies the range of housing types available in the City.
HG4 Proactively plan for and respond to trends in housing demand.
HG7 Develop a range of housing opportunities that meet the requirements of
people with special housing needs, including the elderly, mentally ill, victims
of domestic abuse, and persons with physical and/or developmental
disabilities.
HP3 Continue to allow accessory housing units within single-family
neighborhoods in a way that protects residential character, maintains specific
design standards, and complies with all applicable laws. Review accessory
housing regulations and, if necessary, revise any regulation that
inappropriately limits their development.
Ordinance No. 23-962 Page 3 of 8
HP9 Continue to provide streamlined permitting processes for development that is
consistent with the FWCP and FWRC, and that has minimum adverse
impacts.
HP14 Review zoning, subdivision, and development regulations to ensure that they
further housing policies, facilitate infill development and do not create
unintended barriers.
HP20 Periodically review and update development regulations to incorporate
opportunities for new housing types.
(b) The proposed FWRC amendments bear a substantial relationship to the public health,
safety, and welfare because they encourage the production of housing and expand housing choices in
the City of Federal Way at a time when the increasing demand for housing is unmet.
(c) The proposed amendments are in the best interest of the public and the residents of the
City of Federal Way because they will remove regulatory barriers, reduce the cost, and expedite the
permit review process for ADUs.
Section 3. FWRC 18.55.040 is hereby amended to read as follows:
18.55.040 Cluster Subdivisions.
(1) Purpose. The term "cluster subdivision" applies to both long and short subdivisions. The purpose
of cluster subdivisions is to provide design flexibility, sensitivity to the surrounding environment,
and innovation consistent with the site and the comprehensive plan; promote compatibility with
housing on adjacent properties through lot size and design; promote affordable housing; promote
reduction of impervious surface; promote usable open space; and promote the retention of native
vegetation.
Ordinance No. 23-962 Page 4 of 8
(2) Standards.
(a) The gross land area available for cluster subdivisions must be a minimum of two acres.
(b) Lots created in a cluster subdivision may be reduced in size below the minimum required in
FWRC Title 19, up to one-half of the size of the underlying zoning requirement, but in no case
smaller than 5,000 square feet, per lot; provided, that minimum setback requirements are met.
This provision cannot be used together with FWRC 19.110.010(4)(a) (affordable housing
bonus).
(c) When the cluster subdivision abuts a single-family zoned neighborhood, the lots in the
proposed development immediately adjacent shall be no less than the neighboring lot size, or
the underlying zoning minimum lot size minus 10 percent, whichever is smaller.
(d) Refer to FWRC 19.120.110 for additional development standards for sites with slopes of 15
percent or greater.
(e) Open space.
(i) Open space created through cluster subdivisions shall be protected from further
subdivision or development by covenants filed and recorded with the final plat of the
subdivision.
(ii) Any subdivision created by this section must provide all open space on -site and it
must be all usable except up to five percent can be buffer.
(iii) All usable open space must be readily identifiable with the development and easily
accessible by the residents. Usable open space should be the central focus and an amenity
for the project.
(f) Cluster subdivisions can be constructed with zero lot lines under the following conditions:
Ordinance No. 23-962 Page 5 of 8
(i) No more than two units shall share a common wall.
(ii) Zero lot line cannot occur in zones of RS 9.6 or greater.
(iii) Each dwelling unit shall be built to respect privacy of abutting homes.
(iv) Zero lot line development cannot exceed 10 percent of the lots proposed unless it is
in a multifamily zone.
(v) Each unit shall be intended for owner occupancy.
(g) Cluster- lots are not efigible f6f aeeessaFy dwelling units tinder FN�RC 19.105. 180 e
(3) Approval criteria. The innovative or beneficial overall quality of the proposed development shall
be demonstrated by the following criteria:
(a) The subdivision provides innovative development, otherwise not allowed, but which
promotes the goals of the comprehensive plan for architectural compatibility with single-family
housing on adjacent properties.
(b) The subdivision results in 15 percent common open space of which at least 10 percent of
the gross land area must be usable on -site open space, which is identified with the development
and easily accessible to residents.
(c) Native tree retention in accordance with FWRC 19.120.1 30 et seq.
(d) Cluster lots immediately adjacent to existing neighborhoods have incorporated design
elements through lot size and architecture to be compatible as approved by the community
development services director.
(e) The cluster subdivision will not result in destruction or damage to natural, scenic, or
historic features.
Ordinance No. 23-962 Page 6 of 8
(f) Each dwelling unit shall meet the design standards in the FWRC community design
guidelines for cluster subdivisions.
Section 4. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase
of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this ordinance
or its application to any other person or situation. The City Council of the City of Federal Way
hereby declares that it would have adopted this ordinance and each section, subsection, sentence,
clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section b. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 7. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 5th day of July, 2023.
[signatures to follow]
Ordinance No. 23-962 Page 7 of 8
CITY OF FEDERAL WAY:
�56Ekktl,L, MAYOR
ATTEST:
luti
St2MANIE COURTNEY, dyj, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
06/ 14/2023
07/05/2023
07/14/2023
08/13/2023
23-962
Ordinance No. 23-962 Page 8 of 8