ORD 06-533ORDINANCE NO. 06 -533
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ESTABLISHING A SELECTION
PROCESS FOR COTTAGE HOUSING DEMONSTRATION
PROJECTS, ESTABLISHING A MAXIMUM OF TWO
DEMONSTRATION PROJECTS AND ESTABLISHING ZONING
REGULATIONS CONSISTING OF A NEW ARTICLE OF THE
ZONING CODE, TITLED "COTTAGE AND COMPACT SINGLE
FAMILY HOUSING" AND AMENDING FEDERAL WAY CITY CODE
(FWCC) ARTICLE I, SECTION 22 -1 TO ADD A DEFINITION OF
`COTTAGE HOUSING DEVELOPMENT', AND ARTICLE XI,
SECTION 22 -631 AND 22 -666 TO ALLOW COTTAGE HOUSING IN
THE RS 7.2, RS 5.0 AND RM ZONING CLASSIFICATIONS
(AMENDING ORDINANCE Nos. 90 -43, 90 -51, 91 -87, 91 -92, 91 -100,
91 -105, 91 -113, 93 -170, 94 -223, 95 -245, 96 -269, 96 -270, 97 -295, 97-
296, 97 -300, 97 -307, 99 -337, 99 -348, 99 -353, 99 -357, 00 -363, 01 -385,
02 -424, 03 -443, 04 -457, 04 -468)
WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the
"Plan ") on November 21, 1995, and adopted development regulations and a zoning map implementing the
Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map
on December 23, 1998, September 14, 2000, November 1, 2001, March 27, 2003, and July 20, 2004; and
WHEREAS, the city's comprehensive plan calls for development of innovative and flexible land
use regulations to allow infill development and diverse housing types and specifically calls for
consideration of cottage housing; and
WHEREAS, the Growth Management Act and the King County Countywide
Planning Policies encourage provision of a wide range of housing types to meet the needs of the full range
of households size and income levels within the region; and
WHEREAS, amendments to the Federal Way City Code (FWCC) text are authorized pursuant to
FWCC Section 22 -216 pursuant to Process VI review; and
WHEREAS, the City of Federal Way City Council has considered the proposed amendments to the
FWCC, to allow cottage housing developments, including Compact Single Family dwelling units, in the
RS 7.2, RS 5.0 and RM zoning classifications, attached hereto as Exhibit 1 and incorporated by this
reference, ( "Proposal "); and
WHEREAS, the Federal Way City Council, pursuant to FWCC Section 22 -517, having determined
the Proposal to be worthy of legislative consideration, referred the Proposal to the Federal Way Planning
Commission for its review and recommendation; and
WHEREAS, an environmental Determination of Nonsignificance (DNS) was issued for the
proposal on May 13, 2006 and no comments or appeals were received and the DNS was finalized on June
12`", 2006; and
WHEREAS, the proposal was sent to state agencies for review as required by the Growth
Management Act on May 16, 2006 and the state agency review period expired on July 14, 2006; and
WHEREAS, the Federal Way Planning Commission having considered the Proposal at a study
session meeting on September 21, 2005 and a public hearing on June 21, 2006, pursuant to FWCC
Section 22 -534, and all public notice having been given pursuant to FWCC Section 22 -521; and
WHEREAS, following the public hearing, Planning Commission submitted to the City Council
Land Use/Transportation committee its recommendation that the City Council adopt the Proposal as
recommended by staff; and
WHEREAS, the City Council Land Use /Transportation Committee, on July 17, 2006 considered
the recommendation of the Planning Commission and requested the draft ordinance be modified to
regulate cottage housing as demonstration projects; and
WHEREAS, the City Council Land Use /Transportation Committee, on August 7, 2006 moved the
proposal forward to the full City Council without a recommendation; and
WHEREAS, the City Council considered the proposed ordinance and code amendments at its
September 5, 2006 meeting and reduced the number of demonstration projects from four to two;
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. The City council of the City of Federal Way makes the following findings
with respect to the Proposal:
A. The best interests and general welfare of the City of Federal Way would be served by
amending the zoning code to allow demonstration cottage housing developments in specified zoning
classifications because:
1. Cottage and Compact Single Family housing provide more - affordable single-
family ownership opportunities for small families than housing options currently available within the city;
and
2. Cottage and Compact Single Family housing provide a type of housing that is
desirable to a growing demographic of small families, but which is currently unavailable within the city;
and
3. Cottage housing developments provide high - quality functional open space in
residential areas; and
4. Cottage housing developments encourage neighborhood interaction and safety
through design; and
5. Cottage housing development standards are designed to ensure compatibility
with neighboring single - family land uses and developments; and
6. Cottage housing developments further the goals of the Growth Management Act
by meeting urban density objectives and providing opportunities for infill development.
B. Demand for cottage housing has been high in recently built projects in north and east
King County. Property owners in Federal Way and builders in the community have contacted staff and
expressed an interest in cottage housing developments over the past year.
C. Adoption of the zoning amendments will help implement the goals and policies of the
housing chapter of the comprehensive plan by allowing opportunities for innovative infill housing
projects, while ensuring that new housing types implement measures to achieve compatibility with
surrounding development.
Section 2. Conclusions. Pursuant to FWCC Sections 22 -216 and 22 -528, 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 adoption of the proposal:
1. The proposed amendments are consistent with, and substantially implement, the
following comprehensive plan goals and policies:
HG1 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
HPI High - density housing projects, with the exception of senior housing, will not
be permitted in existing single-family neighborhoods. More moderate densities such
as cottage housing will be considered.
HG2 Involve the community in the development of new housing to a degree that is
consistent with the scale of impact on surrounding neighborhoods.
HG3 Develop a Comprehensive Plan and zoning code that provide flexibility to
produce innovative housing solutions, do not burden the cost of housing
development and maintenance and diversify the range of housing types available in
the City.
HP13 Continue to use design guidelines to ensure that new infill developments
have aesthetic appeal and blend into surrounding development.
HP15 Review zoning, subdivision and development regulations to ensure that they
further housing policies and don't create unintended barriers. This is ofparticular
importance for small lot and cottage housing developments. In order to facilitate
small lot and cottage housing developments, it is particularly important to revise, as
necessary, the subdivision and development regulations that govern their
development.
HP16 As appropriate, reduce minimum lot sizes to allow construction of smaller,
detached single-family houses on smaller lots.
HP17 Increase capacity and encourage greater diversity of housing types and
costs for both infill and new development through various methods, such as
inclusionary zoning, density bonuses, transfer of development rights, cluster
housing, cottage housing, garden housing, duplexes and low to moderate density
housing types.
HP19 Increase the amount of undeveloped open spaces in both infill and new
development parcels, by expanding the use of cluster development and allowing
housing techniques such as lot averaging and zero lot line standards.
HP20 Establish administrative procedures to permit innovative housing designs
and techniques, provided they are of high standard and consistent with the FWCP.
HP21 Continue to provide incentives such as density bonuses for multi family
housing, and expand the types of incentives offered to encourage new developments
to include affordable housing.
HP22 Periodically review and update development regulations to incorporate
opportunities for new housing types.
HP27 Ensure that any new affordable housing required by the City remains
affordable through some tool approved by the City, such as recording a lien on the
property. In the case of homeownership projects, the lien can be structured as a
deferred second mortgage to the homebuyer, due upon sale if the subsequent buyer
does not meet the income eligibility standards.
2. The proposed text amendment bears a substantial relationship to the public health,
safety or welfare because it allows a type of housing that is currently lacking in the south
King County marketplace. The amendment would result in an increase in housing supply
and diversity, which would benefit public welfare. The amendment would result in safe and
community oriented project designs, which would benefit public health and safety.
3. The proposed text amendment is in the best interest of the residents of the city
because it facilitates increased housing choice and opportunities, while implementing
measures necessary to ensure compatibility with surrounding development. The
amendments would result in creation of high - quality functional open space in residential
areas. The amendment would result in safe, attractive community- oriented projects that
allow more efficient delivery of public services. The proposed amendment provides
opportunities for property owners to develop infill type lots.
Section 3. Demonstration Projects. The City Council has determined that it is in the public's
interest to allow only a limited number of cottage housing developments as demonstration projects.
The city shall limit the number of cottage housing demonstration projects to a maximum of two.
Demonstration projects will be selected, at the Director of Community Development's discretion,
using the selection guidelines detailed below in section 4. After the second demonstration project
has been approved and at least 50 percent of the dwelling units constructed and approved for
occupancy by the city building division, the code amendments adopted in Section 5 below may
remain in place with no demonstration project requirement. If, however, Council determines, based
on evaluation 'of the demonstration projects, that the code amendments are not in the public's best
interest, Council may amend or repeal the cottage housing code provisions.
Section 4. Selection Criteria. The City shall use a competitive selection process to determine which
cottage housing developments shall move forward through the permitting process. The City may approve
up to two cottage housing developments pursuant to this ordinance. Applications for cottage housing
developments shall be submitted and docketed on a schedule determined by the Director of Community
Development. Applicants shall hold a community meeting to gather input and suggestions from the
neighborhood. Mailed notice shall be provided to property owners within 300 feet of the subject
property. City staff shall attend the meeting. Applicants shall then have an opportunity to consider
comments received and, if appropriate, modify their proposal in response to neighborhood concerns. The
Director of Community Development shall have the discretion to determine which applications, if any,
will be selected to be submitted as formal applications based on the code, input from the community
meeting and the following criteria:
(a) Consistency with the purpose of the article as specified in the purpose section of the
code.
(b) Demonstration that the project has been designed with sensitivity to adjacent properties
and that impacts with regard to parking, building height, building bulk, lot coverage,
setbacks, screening, open space and aesthetics associated with the proposed project are
substantially equivalent to impacts expected to be associated with development of
conventional housing on the subject property.
(c) Demonstration that the project will result in a highly attractive environment, which
incorporates a high level of quality throughout the development, including but not
limited to the following areas:
1. Architectural design
2. Building materials
3. Open space
4. Parking
The Director may limit the project's density to less than twice the number of conventional single- family
dwelling units that would otherwise be permitted, but not less than 1.75 the number of conventional
single - family dwelling units, if necessary to ensure compatibility with surrounding development. The
Director may select, select with modifications or deny an application. The decision by the Director of
Community Development selecting cottage housing developments to advance to the formal submittal
phase shall be in writing and shall be the final decision of the city.
Section 5. Amendment. The City Council hereby amends FWCC Chapter 22 as set forth in the
attached Exhibit A.
Section 6. 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 other persons or circumstances.
Section 7. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 8. Effective Date. This ordinance shall take effect and be in force five (5) days from and
after its passage, approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this .1q day of
��, 2006.
CITY OF FEDERAL WAY
ayor, Michae �f __
ATTES :
Ci erk, Laur athaway, C
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO:
8/31/06
9/19/06
9/23/06
9/28/06
06 -533
Article XII.
COTTAGE AND COMPACT SINGLE FAMILY HOUSING
Sections:
22 -xxxx
Purpose
22 -xxxx
Applicability
22 -xxxx
Development Standards
22 -xxxx
Modifications
22 -xxxx Purpose.
The purpose of this Article is to: (1) provide housing types that are responsive to changing
household demographics (e.g., retirees, small families, single parent households, single person
households, dual -owner households); (2) provide opportunities for more - affordable housing within single -
family neighborhoods; (3) encourage creation of functional usable open space in residential communities;
(4) promote neighborhood interaction and safety through design; (5) ensure compatibility with
neighboring uses; and (6) provide opportunities for infill development consistent with goals of the
Growth Management Act.
22 -xxxx Applicability.
Other articles of this chapter shall be applicable to Cottage and Compact Single.Family (CSF)
Housing Developments, which collectively, are referred to as Cottage Housing Developments (CHDs).
Where a conflict arises the provisions of this article shall control. CHDs are permitted in the RS 5.0 and
7.2 zones and all RM zones.
22 -xxxx Development Standards.
CHDs shall be subject to the following development standards.
(a) Cottage Housing Development Size.
(1) CHDs are not permitted on sites less than .75 acres in size (a site may be composed of
more than one contiguous lot).
(2) CHDs shall contain clusters consisting of a minimum of 4 dwelling units and a maximum
of 16 units. In RS 5.0 and 7.2 zones, no more than 12 dwelling units are permitted in a
CHD, unless additional dwelling units are permitted subject to subsection (m) below. A
CHD may be integrated into a larger conventional subdivision. Maximum number of
dwelling units is not limited in the RM zoning classifications.
(b) Locational Criteria.
(1) A CHD in an RS zone shall be separated from another CHD by a minimum of 660 feet
measured between the closest points of the subject properties.
(c) Calculation of Cottage and Compact Single Family Units
(1) The following steps shall be utilized to determine the number of cottage and CSF units
permitted on a given site:
(a) In the RS zones the applicant shall submit a proforma site plan showing the number
of conventional dwelling units that would be permitted by the underlying zoning
classification.
(b) The number calculated in subsection (c)(1)(a) above shall be multiplied by two.
Fractional numbers of .5 or greater shall be rounded up. Fractional numbers less
than .5 shall be rounded down. The resulting number is the number of Dwelling
units permitted on the site, subject to the maximum identified in subsection (a)(2)
above.
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(c) In the RM zones one dwelling unit is permitted for each 2,500 square feet of lot area
based on gross lot size.
(d) CSF units shall not exceed 35% of total dwelling units regardless of the zone.
Fractional numbers of .5 or greater shall be rounded up. Fractional numbers less
than .5 shall be rounded down.
(d) Cottage and Compact Single Family Unit Size.
(1) Cottage floor area shall be between 800 and 1,100 square feet.
(2) CSF unit floor area shall be between 1,100 and 1,300 square feet.
(3) Floor area is the area within the surrounding exterior walls, but excluding space where
the floor to ceiling height is less than six feet. Floor area does not include covered
porches. The Director of Community Development shall use appropriate discretion,
consistent with the intent of this Article in determining area to be counted in the
calculation of maximum square footage.
(e) Common Open Space.
(1) A minimum of 500 square feet of common open space shall be provided per dwelling
unit.
(2) Common open space within a CHD shall be a minimum of 3,000 square feet in size,
regardless of number of dwelling units.
(3) No dimension of a common open space area used to satisfy the minimum square footage
requirement shall be less than 10 -feet, unless part of a pathway or trail.
(4) In subdivisions and short subdivisions, common open space shall be located in a separate
tract or tracts.
(5) Required common open space shall be divided into no more than two separate areas per
cluster of dwelling units.
(6) Common open space shall be improved for passive or active recreational use. Examples
may include, but are not limited to courtyards, orchards, landscaped picnic areas or
gardens. Common open space shall include amenities such as seating, landscaping, trails,
gazebos, barbeque facilities, covered shelters or water features. Surface water
management facilities shall not be located in a common open space area.
69 Private open space.
Each dwelling unit shall provide a minimum of 400 square feet of private front yard space.
(1) Examples include lawn area, courtyards and patios.
(2) No dimension of a private open space area used to satisfy the minimum square footage
requirement shall be less than 9 -feet.
(g) Site Design.
(1) A minimum of 75 percent of dwelling units shall abut the common open space.
(2) Common open spaces shall have dwelling units abutting at least two sides.
(3) Lots in CHDs are not required to abut a public street right -of -way.
(4) Siting of dwelling units or common open space in areas with slopes exceeding 15 percent
is not encouraged. Dwelling units shall not be placed in such areas if extensive use of
retaining walls is necessary to create building pads, or open space areas.
(h) Design Standards.
(1) Dwelling Units shall have a minimum 6:12 roof pitch. Up to 35 percent of roof area may
have a slope not less than 4:12. Portions of a roof with a pitch less than 6:12 shall be
limited to architectural features such as dormers, porch roofs and shed roofs.
(2) Each dwelling unit abutting a public right -of -way (not including alleys) shall have a
primary entry and covered porch a minimum of 80 square feet in size, oriented towards
the public right -of -way. If abutting more than one public right -of -way, the applicant,
with city input, shall determine which right -of -way the entrance and covered porch shall
be oriented towards.
EXHtBtT. �rh
EXHIBIT ,-
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2
(3) Each dwelling unit shall have an entry and covered porch oriented towards the common
open space. If subject to (h)(2) above, this may be a secondary entrance with covered
porch, a minimum of 50 square feet in size. If not subject to (h)(2) above this shall be a
primary entrance with covered porch, a minimum of 80 square feet in size.
(4) Covered porches shall be a minimum of 6 feet deep.
(5) Dwelling units shall not have the appearance of "tall- skinny houses ". As a guideline,
dwelling units should not appear to exceed a ratio of one to one (ridge height to width) as
viewed from off -site.
(6) Dwelling units shall not include attached garages unless the garage abuts an alley or
shared parking lot. The first 200 square feet of attached garage space shall not be
counted towards maximum dwelling unit size allowance.
(7) Detached garages and carports associated with individual dwelling units shall not exceed
500 square feet in size (detached garages or carports shall not count towards maximum
cottage or CSF unit size allowance).
(i) Parking.
(1) A minimum of 1.8 parking spaces per cottage and 2 parking spaces per CSF unit shall be
provided for the entire development. Fifteen percent of total required spaces shall be
designated for guests.
(2) All or a portion of new on- street parking provided as a component of the development
may be counted towards minimum parking requirements if the Director of Community
Development finds that such parking configuration will result in adequate parking for the
CHD.
(3) Garages and carports shall have a minimum 6:12 roof pitch.
(4) No more than 50 percent of covered parking spaces may be carports.
(5) Garage doors shall not be oriented towards a public right -of -way with the exception of an
alley.
(6) No shared garage or carport may exceed 800 square feet in size.
(7) Garages and carports shall not be located between the common open space and the
dwelling units.
(8) Surface parking lots shall be broken into sub lots of no more than 8 parking spaces. Sub
lots shall be separated by landscaped bulb -outs a minimum of 12 -feet in width.
(9) Parking in the form of garages, carports or surface lots may occupy no more than 40
percent of site frontage on a public right -of -way, except in the case of an alley, in which
case no restriction applies. On- street parking is permitted along the entire frontage.
(IO)Surface parking lots shall be setback 15 -feet from front property lines and 10 -feet from
external side and rear property lines.
(I I)Surface parking lots of more than 2 spaces, visible from a public right -of -way (not
including alleys) or adjacent single - family uses or zones shall be screened by landscaping
and/or architectural features pursuant to FWCC 22- 1567(e).
6) Height. Dwelling units shall not exceed 18 feet in height, as defined in FWCC 22 -1, "height
of structure" and in no case shall the ridge of the roof exceed 24 feet from average building
elevation.
(k) Setbacks and Building Separation. Dwelling units shall have 15 -foot front and 5 -foot side
and rear yard setback requirements. Dwelling units shall be separated by a minimum of 10-
feet, not including projections, as identified in FWCC 22- 1133(4). Dwelling units and
accessory buildings shall be separated by six feet. Dwelling units not abutting or oriented
towards a right -of -way shall have a front yard oriented towards the common open space. The
Director of Community Development may use appropriate discretion, consistent with the
intent of this Article, in determining orientation of yards in CHDs.
EXHIBIT
PAGE > OF PAGE L OP i
(l) Lot Coverage. Lot coverage in CHDs shall not exceed 60 percent of gross site area. Lot
coverage shall be calculated for the overall CHD, not for individual lots. Paved components
of common open space areas and walkways shall not be counted in lot coverage calculations.
(m) Affordable Housing Bonus in RS Zoning Classifications. In the RS zones, CHDs that include
affordable units may exceed the base level of 12 dwelling units up to a total of 16 dwelling
units (assuming adequate overall lot size). One half of all dwelling units over the base level
of 12 must be affordable (for example, a total of four additional dwelling units may be
permitted if two of these are affordable).
(1) Affordable cottages shall be sold at a price which is affordable for a 2- person household
with an annual income equal to or less than 80 percent of median income. Affordable
CSF units shall be sold at a price which is affordable to a 3- person household with an
annual income equal to or less than 80 percent of median income. The Director of
Community Development shall prepare administrative guidelines for calculation of sale
price and determination of income eligibility.
(2) Affordable dwelling units shall have the same appearance and utilize the same exterior
materials as market rate dwelling units and shall be dispersed throughout the CHD.
(3) A deed, covenant or title restriction shall be recorded on the deed/title of affordable
dwelling units. The restriction shall effectively maintain the units as affordable for a
period of not less than 15 years from initial occupancy. The restriction shall be in a form
acceptable to the Director of Community Development
(n) Common Area Maintenance. CHDs shall be required to implement a mechanism, acceptable
to the Director of Community Development, to ensure the continued care and maintenance of
CHD common areas. A typical example would be creation of a home owner's association or
condominium association with authority and funding necessary to maintain the common
areas.
(o) General Provisions.
(1) CHDs in the RS zones are permitted as subdivisions, short subdivisions or condominium
developments. CHDs in the RM zones are permitted as subdivisions, short subdivisions,
condominium developments or multi- family developments.
(2) A community building, not exceeding 2,000 square feet, may be provided for the
residents of the CHD. Roof pitch, architecture, materials and colors shall be similar to
that of the dwelling units within the CHD.
(3) An existing single - family home incorporated into a CHD, that does not meet the
requirements of this article is permitted to remain on a site developed for cottage and
CSF housing. Modifications or additions to the structure not consistent with the
provisions of this Article shall not be permitted.
(4) Accessory Dwelling Units are not permitted in CHDs.
(5) CHDs may not utilize the cluster subdivision provisions of FWCC Chapter 20.
(6) For those CHDs processed as formal or short subdivisions, all development standards of
this article shall be reviewed by the Director of Community Development as a component
of the preliminary plat or short plat review process. For all other CHDs the development
standards of this article shall be reviewed as a component of process III or IV review (see
use zone charts for required review process). In either case this shall include review of
conceptual building elevations.
22 -xxxx Modifications.
Applicants may request modifications to the open space, site design, design standards, setbacks
and parking provisions of this article. The Director of Community Development may modify the above
referenced provisions of this article if all of the following apply:
(a) The site is constrained due to unusual shape, topography, easements or critical areas.
(b) The modification is consistent with the purpose of the article as stated in FWCC 22 -xxxx.
EXHIBIT._.., t�?r?anrc✓ EXHIBIT 4
PAGE -OF PAGE i z OF 4
(c) The modification will not result in a project that is less compatible with neighboring land
uses.
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Amend FWCC 22 -1 to add the following definition:
Cottage Housing• Development (CHD) means residential development consisting of clusters of
between 4 and 16 detached dwelling units, that include cottages and may include Compact Single_
Family units and meet the following criteria:
(1) Dwelling units are limited to a maximum square footage and
(2) Dwelling units are grouped around a common open space; and
(3) Developments meet a set of design criteria not applicable to typical single- family
developments as stipulated in Article XII of this Chapter.
File #05- 104945 / Doc. I.D. 36417
EXHIBIT �' a r,� EXHIBIT
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