Ord 90-039
0072.150~~
JDW/naa
02/20/90
ORDINANCE NO.
90-39
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, PROVIDING FOR MITIGATION OF IMPACTS
AS A DIRECT RESULT OF DEVELOPMENT ACTIVITY;
DECLARING AN EMERGENCY AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the city Council of the city of Federal Way,
Washington,
has determined that direct impacts as a result of
developmental activity must be mitigated, "and
WHEREAS,
it
is
in
the
interests
of
the
City,
its
citizens and those involved in developmental activity to have
available as broad an array of potential methods of mitigation of
direct impacts as possible, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
section
1.
There
is
hereby
adopted
into
the
ordinances of the city of Federal Way, a new Chapter 22 entitled
Methods to Mitiaate Development Impacts, as set forth in Exhibit
A
attached
hereto
and
hereby
incorporated
in
full
by
this
reference.
section
2.
If
any
section,
sentence,
clause
or
phrase
of
this
ordinance
should
be
held
to
be
invalid
or
unconstitutional
by
a
court
of
competent
jurisdiction,
such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
JDWOO7440
-1-
COpy
Section 3.
The city council of the city of Federal Way,
Washington, declares that it is necessary for the public health,
safety and general welfare that this ordinance be i~ effect as of
the
date
of
incorporation to
assure that
direct
impacts
of
developmental activity are, in fact, mitigated.
The failure to
have these rules in effect as of the date of incorporation could
result and has a strong likelihood of resulting in substantial
detriment
to
the public
health,
safety
and general
welfare.
Therefore,
the city Council. declares that an emergency exists
necessitating that these regulations be in full force and effect
as of 12:01 a.m., February 28, 1990.
PASSED by a majority of not less than five (5) members
of the city council of the city of Federal way this 27th day of
February, 1990.
CITY OF FEDERAL WAY
11 L/YI /L; {1þ
MAYOR, DEBRA ERTEL
ATTEST/AUTHENTICATED:
&iðUAb o. ~.Lld~
CITY CLERK, DELORES Þ>.. MEAD
APPROVED AS TO FORM:
::c¡r;. c~
FILED WITH THE CITY CLERK: February 21, 1990
PASSED BY THE CITY COUNCIL: February 27, 1990
PUBLISHED: March 2, 1990
EFFECTIVE DATE: February 28, 1990
ORDINANCE NO. 90-39
JDWO07440
-2-
Page 1.
Page 3.
Page 4.
CITY OF FEDERAL WAY
COPt
MErHODS TO MITIGATE DEVELOPMENT IMPACTS ORDINANCE
ERRATA
February 27, 1990
Line 1, Change "CHAPTER" to "í1TLE".
Section 22.60.20 (E), first sentence, delete word "Provided".
Section 22.60.20 (F), first sentence, delete word
"Further".
1
TITLE 22 METHODS TO MITIGATE DEVELOPMENT IMPACTS
22.10
Pur:pose
It is the purpose of this section to provide alternatives for prospective
developers of land within the City to mitigate the direct impacts that have
been specifically identified by the City as a consequence of proposed
development, and to make provisions for, including but not limited to, the
public health, safety and general welfare, for open spaces, drainage ways,
streets, alleys, other public ways, water supplies, sanitary wastes, parks,
playgrounds, and sites for schools and school grounds.
22.20
Definition of Development
For purposes of this chapter, the term "development" shall include, but not
be limited to, subdivisions, short subdivisions, binding site plans and any other
Development Activity defined by the Zoning Code.
22.30
Determination of Direct Impact
Before any development is given the required approval or is permitted to
proceed, the official or body charged with deciding whether such approval
should be given shall determine direct impacts, if any, that are a consequence
of the proposed development and which require mitigation, considering, but
not limited to, the following factors:
.10
Pre development versus postdevelopment need for services such as city
streets, sewers, water supplies, drainage facilities, parks, playgrounds,
recreational facilities, schools, police services, fire services, and other
municipal facilities or services;
.20
Likelihood that a direct impact of a proposed development would
require mitigation due to the cumulative effect of such impact when
aggregated with the similar impacts of future development in the
immediate vicinity of the proposed development;
.30
Size, number, condition and proximity of existing facilities to be
affected by the proposed development;
22.40
22.50
~
.40
Nature and quantity of capital improvements reasonably necessary to
mitigate specific direct impacts identified as a consequence of the
proposed development;
.50
Likelihood that the users of the proposed development will benefit
from any mitigating capital improvements or programs;
.60
Any significant adverse environmental impacts of the proposed
development identified in the process of complying with the
Environmental Policy Ordinance or the State Environmental Policy
Act;
.70
Consistency with the City's Comprehensive Plan and any of its
subparts;
.80
Likelihood of City growth by annexation into areas immediately
adjacent to the proposed development;
.90
Appropriateness of financing necessary capital improvements by means
of local improvement districts;
.100
Whether the designated capital improvement furthers the public health,
safety or general welfare; and
.110
Any other facts deemed by the City to be relevant.
Costs
The cost of any investigations, analysis or reports necessary for a
determination of direct impact shall be borne by the applicant.
Mitigation of Direct Impacts
The official or body charged with granting the necessary approval for a
proposed development shall review an applicant's proposal for mitigating any
identified direct impacts and determine whether such proposal is an
acceptable mitigation measure considering the cost and land requirements of
the required improvement and the extent to which the necessity for the
improvement is attnòutable to the direct impacts of the proposed
development. No official or body shall approve a development unless
provisions have been made to mitigate identified direct impacts that are
consequences of such development.
J
22.60
Methods of Miti~ation
.10
.20
The methods of mitigating identified direct impacts required as a
condition of any development approval may include, but are not
limited to, dedication of land to any public body, off-site
improvements, on-site improvements, and other capital or non-capital
methods that may effectively reduce direct impacts.
In lieu of a dedication of land or to mitigate a direct impact that has
been identified as a consequence of a proposed development, the City
may approve a voluntary payment agreement with the developer,
provided no such agreement shall be required as a condition of
approval, and shall be subject to the following provisions:
A
The official or body approving development must find
that the money offered will mitigate or is a satisfactory
alternative to mitigate the identified direct impact.
B.
The payment shall be held in a reserve account and may
only be expended to fund a capital improvement or
program agreed upon by the parties to mitigate the
identified direct impact.
c.
The payment shall be expended in all cases with in five
years of collection, unless otherwise agreed to by the
developer.
D.
Any payment not expended within five years of collection
shall be refunded to the property owners of record at
the time of the refund with interest at the rate earned
in the City's reserve account applicable at the time of
refund. If the payment is not expended within five years
due to delay attributable to the developer, the payment
shall be refunded without interest.
E.
Property owners entitled to a refund and/or interest
under the provisions of this chapter may voluntarily and
in writing waive their right to a refund for specified
period of time in the interest of providing the designated
capital improvement or other capital improvement or
. program identified by the property owner, and acceptable
to the City.
.30
.4
F.
The developer may voluntarily and in writing waive on
behalf of the developer and subsequent purcÌ).asers, the
right to interest and or a refund in order to facilitate
completion of an improvement. Under no condition shall
such a waiver be required as a condition of approval.
Such waiver shall be recorded with the county where the
property is situated and shall be binding on subsequent
owners.
The developer or applicant may choose to pay a fee in lieu of
reservation of all or portions of open space areas required. If the
applicant offers to pay money in lieu of open space and if the City .
accepts the offer, the amount shall be detennined based upon the
square footage of open space which otherwise would have been
required to be provided times the then current market value per
square foot of similarly situated property.