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ORD 20-899 ORDINANCE NO. 20-899 AN ORDINANCE of the City of Federal Way, Washington, relating to updating the zoning and development code; amending FWRC 19.250.030; repealing 19.250.150 (Amending Ordinance No. 06-533 and repealing Ordinance No. 08-580) 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 amend development regulations in Title 19.250 FWRC and Ordinance 08-580 to encourage middle-income housing development in the City of Federal Way providing opportunities for single family housing without requiring relatively large amounts of property; and WHEREAS, Ordinance 08-580 classifies cottage housing as "demonstration projects" and limits such projects to three throughout the City of Federal Way thereby limiting the potential of cottage housing; and WHEREAS, 19.250.030 currently demonstrates that a cottage housing development can support a project up to sixteen units and be compatible with surrounding single-family development; and Ordinance No. 20-899 Page 1 of 6 WHEREAS, a recent study conducted by ECONorthwest shows a need for homes available for families making over eighty percent (80%) of the established Area Median Income (AMI) in the City of Federal Way; and WHEREAS, Chapter 19.250.030(1)(b) FWRC inhibits the total number of needed medium income housing units that may be provided in one development; and WHEREAS, increased costs for building single-family units have prevented the development of new single-family units for families earning less than eighty percent (80%) AMI; and WHEREAS, the Planning Commission conducted public discussion of these code amendments on September 2, 2020; and WHEREAS, an Environmental Determination of Non-significance (DNS) was properly issued for the Proposal on August 21, 2020 and no comments or appeals were received and the DNS was finalized on September 25, 2020; and WHEREAS, the Planning Commission properly conducted duly noticed public hearing on these code amendments on September 16, 2020 and forwarded a recommendation of approval to the City Council as follows: (1) To amend FWRC 19.250.030(1)(b) by eliminating the language in this section requiring that two of the units in a sixteen-unit development be affordable per FWRC 19.250.150; (2) To amend FWRC 19.250.150 by eliminating the language of "affordable housing bonus in RS zoning classifications;" Ordinance No. 20-899 Page 2 of 6 (3) To amend Ordinance 08-580 so cottage housing is not considered a demonstration project and such development is not limited to three such projects in the City of Federal Way; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these proposed code amendments on October 5, 2020, and recommended adoption of the text amendments as recommended by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: SectionIT 1. Findiiigs. 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 providing needed single-family housing within the City of Federal Way. (b) These code and ordinance amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code and ordinance 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 and ordinance amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code and ordinance amendments have followed the proper procedure required under the Federal Way Revised Code. Ordinance No. 20-899 Page 3 of 6 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: (1) HP8 - Consider the economic impact of all development regulations on the cost of housing. (2) 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. (3) HG4 - Proactively plan for and respond to trends in housing demand. (4) HP 14 - Review zoning, subdivision, and development regulations to ensure that they further housing policies, facilitate infill development and don't create unintended barriers. (5) HP20 -Periodically review and update development regulations to incorporate opportunities for new housing types. (6) LUG3.1 - Provide a wide range of housing densities and types in the single- family designated areas. (b) . The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they provide clarification and improve processing of land use actions. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because it encourages more moderate sized and priced housing for middle income home buyers. Ordinance No. 20-899 Page 4 of 6 Section 3. FWRC 19.250.030 is hereby amended to read as follows: CHDs shall be subject to the following development standards in FWRC 19.250.030 through 19.250.170. (1) Cottage housing development size. (a) CHDs are not permitted on sites less than .75 acres in size (a site may be composed of more than one contiguous lot). (b) CHDs shall contain clusters consisting of a minimum of four dwelling units and a maximum of 16 unitsAff4SS ....l..21.. a�ittld h "r.r— rte„Ufl4es,s... dd, 1 clwll ° ape .,, ;. �ubw C19 � 10 A CHD may be integrated into a larger conventional subdivision. Maximum number of dwelling units is not limited in the RM zoning classifications. Section 4. FWRC 19.250.150 is hereby repealed in its entirety. Section -5. T eni,onstrat an(] limitation qf This ordinance repeals any limitation on the number of cottage housing developments permitted within the City of Federal Way as provided in Section 1 and Section 2 of Ordinance 08-580. Section 6. vejability. 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 �7. Corr etioris. 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. 20-899 Page 5 of 6 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 9 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 4th day of November, 2020. CITY Of FEDERAL WAY: .dll I:1..,, MAYOR ATTEST: S���F-"" l'1 .ANS1I, COUT TNEY, ,,M(,, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY AT TORNEY FILED WITH THE CITY CLERK: 10/14/2020 PASSED BY THE CITY COUNCIL: 11/04/2020 ...................... PUBLISHED: 1 1/06/2020 EFFECTIVE DATE: 11/11/2020 ORDINANCE NO.: 20-899 Ordinance No. 20-899 Page 6 of 6