Loading...
ORD 10-674ORDINANCE NO. 10-674 AN ORDINANCE of the City of Federal Way, Washington, relating to residential off-street parking; amending FWRC 19.05.140; amending FWRC 19130 Article VII; and repealing FWRC 19130.230. (Amending Ordinance Nos. 09-610, 09-607, 09-595, 09- 593, 08-585, 07-573, 04-457, 00-375, 99-341, and 90-43) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," 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, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to clarify appropriate residential off-street parking surface materials within the City of Federal Way; and WHEREAS, the proposed amendments would remove the undefined term of approved impervious surface and replace with driveway or parking pad; and WHEREAS, the proposed amendments would remove the large lot exemption and provide equitable regulation; and WHEREAS, non-substantive changes would consolidate similar code sections and eliminate redundancies; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on June 30, 2010, and no comments or appeals were received and the DNS was finalized on July 28, 2010; and Ordinance No. 10-674 Page 1 of 6 WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on July 21, 2010; and forwarded a recommendation of approval with modification to the City Council as follows: pervious asphalt and pervious concrete as examples for alternative surfaces that may be granted a modification from the director; WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on August 2, 2010, and September 20, 2010, and recommended adoption of the text amendments as recommended by the Planning Commission with further modifications as follows: (1) gravel, pavers and LID methods are parking pad options that do not require a modification and are allowed outright; and (2) grass is an acceptable parking pad surface material except in front yards. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section l. Findin�s. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by clarifying existing policies and intent. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. Orclinance No. 10-674 Page 2 of 6 (e) 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 the 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: LUG1 Improve the appearance and function of the built environment. LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUP14Maintain and protect the character of existing and future single-family neighborhoods through strict enforcement of the City's land use regulations. HP4 Maintain a strong code enforcement progam to protect residential areas from illegal land use activities. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare as it will remove ambiguity regarding what is and what is not considered appropriate vehicle storage. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way as it provides clarity to an existing code provision, aesthetic value to residential areas, and equity among all single-family property owners. Section 3. FWRC 19.05.140 is hereby amended to read as follows: 19.05.140 N definitions. "Native vegetation" includes native, undisturbed areas or rehabilitation of previously disturbed areas that consist of trees, plants, forest litter, and understory indigenous to the Pacific . Northwest or near natives that are suitable for the Pacific Northwest climate. Invasive species, such as Himalayan Blackberry or Scotch Broom, are not native species. Ordinance No. 10-674 Page 3 of 6 "Natural features" means physical characteristics of the subject property that are not manmade. "Natural materials " means materials chemically unaltered from their natural state. "Natural surveillance" means easy observation of buildings, spaces, and activities by people passing, living, working, or recreating nearby. "Nonconformance " means any use, structure, lot, condition, activity or any other feature or element of private or public property or the use or utilization of private or public property that does not conform to any of the provisions of this title or that was not approved by the city of Federal Way through the appropriate decision-making process required under this title. "Nonliving groundcover" means gravel, chipped bark or similar nonpolluting material through which water can freely percolate to the soil beneath. "Nonmotorized vehicles " include but are not limited to travel and camp trailers, utilitY trailers, truck campers, and boat or vehicle transport trailers. "Normal maintenance" includes interior and exterior repairs and incidental alterations. "Normal maintenance and repair" includes, but is not limited to, painting, roof repair and replacement, plumbing, wiring. and electrical systems, mechanical equipment replacement and weatherization. "Incidental alterations" includes, but is not limited to, construction of nonbearing walls or partitions. "Notice of determination " for sign regulations means the determination that the city issues as to whether a sign conforms to this title and other sections of this Code. "Nuisance vegetation " shall mean any tree or vegetation that, in the opinion of the city or an expert approved by the city (such as, but not limited to, a professional forester, certified arborist, or landscape architect), is an invasive variety, is an allergen, or due to its location is causing or is likely to cause damage to a permanent structure, or other economic ar environmental harm or harm to human, animal, or plant health that cannot be mitigated without removal of the tree or vegetation. "Nursing home" means the same as "convalescent center." Section 4. FWRC Chapter 19.130 Article V is hereby repealed in its entirety. . . � . . �- • - - � - - - - � - - - � - - . ... _ _ _ - Ordinance No. 10-674 Page 4 of 6 Section 5. FWRC Chapter 19.130 Article VII is hereby amended to read as follows: Article VII. r'��m°r�;�' �'°'�;�,°�, D°�-°^+;^^^' �'°'�;�,°�, � �^^+" Residential Parkin� and Vehicle Stara�e Section 6. Chapter 19.130 Article VII of the Federal Way Revised Code is hereby amended to add a new section Purpose and intent to read as follows: 19.130.245 Purpose and intent The purpose of this article is to establish standards for parking and storage of vehicles for residential zones and uses. These standards are intended to protect property values bv reducin� visual blight caused by vehicle storage and to provide reasonable size limitations for storage of commercial and recreational vehicles. Section 7. Chapter 19.130 Article VII of the Federal Way Revised Code is hereby amended to add a new section Parking and storage of motor vehicles and nonmotorized vehicles to read as follows: 19.130.246 Parking and stora�e of motor vehicles and nonmotorized vehicles (1) All motor vehicle and nonmotorized vehicle �arkin� and storage for residential uses containing either detached or attached dwellings shall be in a garage, carport, drivewav, or a parkin�pad except for recreational vehicles to be used as a temporarv dwellin� as specified in FWRC 19.130.290(1Lparkingpad shall accommodate the size of the vehicle and be composed of asphalt, cement rg avel pavers or LID methods (pervious asphalt, pervious concrete etc.). Grass shall be an acce tp able parking�ad surface except in the area located between the �rimary dwelling unit and the front property line, and except as limited bv FWRC 19.130.240. (2) An�garage, carport or parking�ad shall have direct driveway access. �3) All vehicles considerediunked wrecked dismantled, or inoperable must be stored in a completelv enclosed buildin� Section 8. 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 any other persons or circumstances. Section 9. 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 Ordinance No. 10-674 Page S of 6 scrivener/clerical errors, references, ardinance numbering, section/subsection numbers and any referencesthereto. Section 10. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 11. 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 this 19th day of October, 2010. CITY OF FEDERAL WAY AT'I'EST: / � A� �� \ �. � — �s �. � .. � , CITY CLERK, CA OL M NEILLY, CMC APPROVED AS TO FORM: �� CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 9-28-2010 COLTNCIL BILL NO. 554 PASSED BY THE CITY COiJNCIL: 10-19-2010 PUBLISHED: 10-23-2010 EFFECTIVE DATE: 10-28-2010 ORDINANCE NO.: 10-674 Ordinance No. 10-674 Page 6 of 6