Ord 90-077
ORDINANCE NO.
90-77
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
AMENDING FEDERAL WAY ZONING CODE §115.75.3 (ORDINANCE
NO. 90-43), RELATING TO LAND SURFACE MODIFICATIONS¡
PROHIBITING SPECULATIVE GRADING AS AN OUTRIGHT
PERMITTED USE.
WHEREAS, amendments to the Federal Way Zoning Code text
are authorized pursuant to Federal Way Zoning Code §135 and §160¡
and
WHEREAS, Federal Way Zoning Code §135.15 contains the
criteria for amending zoning Code text¡ and
WHEREAS,
a
threshold
review
of
this
proposal
was
considered by the Federal Way City Council on August 13, 1990,
pursuant to Federal Way Zoning Code §160.20¡ and
WHEREAS, the Federal Way city council, having determined
the proposal to be meritorious,
referred the proposal to the
Planning commission for its review and recommendation¡ and
WHEREAS, the Planning Commission having considered the
proposal at a public hearing on October 17, 1990, and all public
notice having duly been given, pursuant to Federal Way Zoning Code
§160.30 and §160.40¡ and
WHEREAS,
following the public hearing,
the Planning
commission
having
determined
that
the
proposed
zoning
text
amendment
should
be
adopted
and
having
submitted
this
recommendation to the Council¡ NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
COP'f
section 1.
The Findings of Fact of the Federal Way
Planning Commission pertaining to this amendment are adopted by
reference in totality by the Federal Way City Council.
section 2.
Pursuant
to
Federal
Way
Zoning
Code
§135.15 and §160.75.2
and based upon the above Findings,. the
Federal Way city Council makes the following Conclusions of Law:
A.
The
proposed
amendment
is
consistent
with
the
applicable provisions of the Comprehensive Plan, as the proposed
text amendment precludes speculative grading and delays the adverse
impacts
of
a
Land
Surface
Modification
until
such
time
as
development-specific
mitigations
to
adverse
impacts
can
be
determined and required for the site.
B.
The proposed amendment bears a substantial relation
to public health, safety or welfare, as the proposed text amendment
will aid in the maintenance of natural vegetation, sensitive areas
and groundwater exchange for the maximum length of time, and until
negative grading impacts can be tailored for a specific development
proposal.
C.
The proposed amendment is in the best interest of
the residents of the City, as the proposed text amendment will
delay grading of
a
site until
it
is diverted to a
specific
development, thereby assisting in protecting the existing natural
environment functions and values.
Section 3.
The Federal Way zoning Code §115.75.3
is amended as follows:
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115.75
'1.
Land Use Modification
General - The applicant shall comply with this
section with respect to all land surface
modifications.
2.
Nature of Fill Materials - All materials used as
fill must be non-dissolving and non-decomposing.
Fill materials must not contain organic or
inorganic material that would be detrimental to
water quality or existing habitat or create any
other significant adverse impacts to the
environment.
3.
Permitted outriqht - A land surface modification is
permitted only if it:
a.
has been approved as part of a valid
development permit (except qradinq permits
issued under Chapter 70 of the Uniform
Buildinq Code), subdivision, or substantial
development permit;
b.
is for cemetery graves;
c.
is in a right-of-way and authorized in writing
by the Director of the Department of Public
Works;
d.
is for mining, quarrying, excavating,
processing, stockpiling of rock, sand, gravel,
aggregate or clay where a permit has been
issued by the State of Washington, Department
of Natural Resources;
e.
is for exploratory excavations under the
direction of a professional engineer licensed
in the state of Washington, provided that the
extent of the land surface modification does
not exceed the minimum necessary to obtain the
desired information;
f.
is for normal maintenance and repair of the
facilities of a common carrier by rail in
interstate commerce within its existing right-
of-way;
g.
is for excavations for utility service
connections to serve existing and/or new
structures and is outside any area that is
within the jurisdiction of Chapter 80 of this
Code;
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h.
j.
k.
m.
is for actions which must be undertaken
immediately, or wi thin a time too short to
allow for compliance with the permit
requirements of Paragraph 4 of this Section,
to avoid an imminent threat to public health
or safety; to prevent an imminent danger to
public or private property; or to prevent an
imminent threat of serious environmental
degradation. This determination will be made
by the Planning Official;
i.
is for the removal of overhanging vegetation
and fire hazards or for removal of blackberry
vines or dead, dangerous or diseased trees
when authorized by the Building Official;
is for placement of fill on land owned or
controlled by the city;
is an integral part of an ongoing agricultural
or horticultural use on the subject property;
1.
is conducted on property which contains a
detached dwelling unit and which, because of
the size of the property or the location of
the dwelling unit, cannot be further
subdivided or divided; or
complies with all of the following criteria:
1)
The subject property contains a permanent
building or an active use.
2)
The Land Surface Modification will not
change the points where the storm water
or groundwater enters or exits the
subject property; and will not change the
quality, quantity, or velocity of storm
water or groundwater.
The Land Surface Modification is outside
any area that is within the jurisdiction
of Chapter 80 of this Code.
3)
4)
In anyone year period, not more than 100
cubic yards of fill material is deposited
on, excavated and removed from or moved
from place to place on the subject
property. If the subject property is
larger than one acre, the limit is one
hundred cubic yards within each acre.
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4.
5)
6)
7)
No trees defined as significant trees
will be removed and no vegetation will be
removèd if that vegetation was required
to be retained by or through any
development permit issued under this Code
or any prior Zoning Code.
If the subject property is 2 acres or
larger and has 20% or more of its area
covered with native vegetation, the land
surface modification will not remove more
than 20% of that native vegetation. The
limitations of this paragraph 3.m.6)
apply to all land surface modification on
the subject property over time.
The Land Surface Modification will not
result in more than a two foot increase
or one foot decrease in the average
elevation of the subj ect property,
computed using the elevation of the
midpoint of each property line.
Discretionarv Approval
General - A land surface modification .that
does not meet the requirements of paragraph 3
of this section may be approved through
Process I.
a.
b.
Reauired Information In addition to the
application material required in Chapter 145
of this Code, the applicant must submit the
following:
1}
2)
A recent survey of the subject property.
A map showing the limits of the proposed
land surface modification; the location
of utilities, easements, right-of-way
improvements and any area regulated under
Chapter 80 of this Code that is on or
within 400 feet of any area to be
disturbed by the proposed land surface
modification.
3)
4)
A tree retention plan.
An erosion control/construction
storm water control plan.
phase
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5)
~ soils report which contains sufficient
information to determine the potential
impacts of the proposed land surface
modification, as well as proposed
measures to reduce or eliminate these
impacts, all as determined by the City.
c.
Decisional criteria - The city may approve the
proposed land surface modification if it
complies with the following criteria:
1)
Except as allowed under this Code, it
will not alter or adversely affect
streams, lakes, wetlands or significant
trees, either on or off the subject
property.
2)
It will not violate any express policy of
the city.
3)
It meets at least one of the following
criteria:
a)
It is necessary to correct an
erosion or drainage problem on an
undeveloped site.
b)
It is necessary to create
utility or access corridors.
new
c)
other unusual circumstances exist
which make it reasonable to permit
land surface modification in advance
of the issuance of a development
permit, subdivision or short
subdivision approval or shoreline
substantial development permit.
5.
Tree and Plant Restoration
If, during the land surface modification, any tree
required to be retained or planted is
damaged or destroyed, the applicant shall
plant a tree of the same species at least
5 inches in diameter, as measured 6
inches about the top of the root ball if
deciduous and at least 17 feet high if
coniferous, in the immediate vicinity of
the damaged or destroyed tree. The ci ty
may require the applicant to removed the
damaged or destroyed tree.
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In addition, if the land surface modification
destroys ground cover or shrubbery, the applicant
shall hydroseed the bare soil and plant shrubs at
least 24 inches in height in the immediate vicinity
of the damaged or destroyed vegetation.
6.
Bonds - The City may require the following bonds
for any land surface modification approved by or
under this section:
a.
A performance bond to guarantee that the land
surface modification will conform to City
standards and requirements.
A maintenance bond for the stability of the
work and the preservation of vegetation.
b.
section 4.
Ratification.
Any act consistent with
the authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
section 5.
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
other persons or circumst ances.
section 6.
Effective Date.
This ordinance shall be
effective
five
(5)
days
after passage
and publication
of
an
approved summary of this ordinance.
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PASSED by the City Council of the City of Federal Way
this
11th
day of
December
, 1990.
~~
MAYOR, DEBRA ERTEL
SWANEY, CMC
FILED WITH THE CITY CLERK: December 10, 1990
PASSED BY THE CITY COUNCIL: December 11, 1990
PUBLISHED: December 14, 1990
EFFECTIVE DATE: December 19, 1990
ORDINANCE NO. 90-77
90L130
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