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Ord 97-306 ,.. ORDINANCE NO. 97-306 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 OF THE FEDERAL WAY ZONING CODE, REPEALING SPECIFIC PROVISIONS AND ADDING NEW REGULATIONS FOR THE INCLUSION OF AFFORDABLE' HOUSING IN RESIDENTIAL DEVELOPMENTS. A. Amendments to the Federal Way City Code (FWCC) text are authorized pursuant to Process VI review, according to FWCC Sections 22-216 and 22-516-530; B. The Federal Way City Council has considered proposed changes to the FWCC regarding specific zoning regulations; and C. The Federal Way City Council, pursuant to FWCC 22-519, 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 D. The City of Federal Way SEPA responsible official has issued a Declaration of Nonsignificance on August 30, 1997; and E. The public was given opportunities to comment on the Proposal during the Planning Commission review; and F. The Federal Way Planning Commission, having considered the Proposal at a public hearing during 1997 on October 1 pursuant to FWCC Section 22-530, and all public notices having been duly given pursuant to FWCC Section 22-528; and G. Following the public hearings, the Planning Commission submitted to the Land Use and Transportation Committee of the City Council its recommendation in favor ORD # 97-306 , PAGE 1 (Ç;(ö)~ìf of proposed zoning text amendments repealing and adding sections to the FWCC as noted; and H. The Federal Way land Use and Transportation City Council Committee met on November 3, 1997 to consider the recommendation of the Planning Com,mission and has moved to forward the Proposal, with amendments, to the full City Council; and I. There was sufficient opportunity for the public to comment on the Proposal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOllOWS: Section 1. Findinas. After full and careful consideration, the City Council of the City of Federal Way makes the following findings with respect to the Proposal and the proposed amendments to the Federal Way City Code ("FWCC"): 1. The Federal Way City Council adopted the Federal Way Comprehensive Plan in order to comply with the state's Growth Management Act; and 2. The Federal Way Comprehensive Plan contains policies that call for the provision of affordable housing to all segments of the population; and 4. The Federal Way SEPA Responsible Official has issued a Declaration of Nonsignificance on August 30, 1997; and 5. The proposed code amendments would not adversely affect the public health, safety or welfare; and ORD # 97-306 , PAGE 2 6. The Planning Commission, following notice thereof as required by RCW 35A.63.070, held work sessions and public hearings on the proposed regulatory amendments and has considered the testimony, written comments, and material from the public by and through said hearings. Section 2. Conclusions. Pursuant to FWCC Section 22-217 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 the adoption of the Proposal: 1. and policies: C. The Proposal is consistent with the fòllowing Comprehensive Plan goals A. HP23 Require a portion of new households on sites of significant size tbe affordable to low income households. Ensure that affordable housing is not concentrated in particular neighborhoods by setting a percentage limit to the number of affordable housing units that can be included in new housing developments. B. HP24 Ensure that any new affordable housing remains affordable. HP29 Consider delaying, deferring, or exempting affordable housing from development fees, concurrence requirements, payment of impact fees, off-site mitigation, and oth«;¡r development expenses that do not compromise environmental protection or public health, safety and welfare, or constitute a nuisance. D. HP38 Foster and support services that are not concentrated in particular neighborhoods by setting a percentage limit to the number of affordable housing units that can be included in new housing developments. The Proposal bears a substantial relationship to the public health, 2. safety and welfare because it implements policies aimed at increasing housing ORD # 97-306 , PAGE 3 diversity and affordability. Section 3. Amendment. The Federal Way Zoning Code, Chapter 22, is amended to provide as set forth in Attachment A which is attached and by this reference is incorporated herein. Section 4. 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 yalidity of its application to other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this ~ of ~, 1997 day CITY OF FEDERAL WAY :Ø:~Á-,/'¿ y MAYOR, MAHLON S. PRIEST ATTEST: ~~,~~ /""" I CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: ORD # 97-306 , PAGE 4 ~L~NDI ~ LlN;ELL FILED WITH THE CITY CLERK: 11-11-97 PASSED BY THE CITY COUNCIL: 12-02-97 PUBLISHED: 12-06-97 EFFECTIVE DATE: 12-07-97 ORDINANCE NO. 97-306 ORD # 97-306 , PAGE 5 [9at9 ON nI/IlI ~~: £T NOP¡ L6/0T/n ATTACHMENT A AR'1'XCLE XI:. DISTRICT REGULA'1'XONS DIVISION 3. SINGLE FAMILY RESIDENTIAL (RSI Repeal: Section 22-633. Accessory hardship dwelling urlit. DIVISION 9. OFFICE PARK (OP) Repeal: Special Regulation #4 in Section 22-831. CeavaleseeBt CeRtC1!'S, N1:I.J!'eiB§ Heme!:!, Hospitals.,.. Section 22-836. Convalescent Centers, Nursing Homes. (see attached use chart) ARTICLE XXXX. SUPPLEMENTARY DIS'1'RXC'1' REGULATrONS DIVISION 1. GENERALLY Section 22-966. Affordable housing regulations. l~) Purpose. To provide affordable housing to the citizens of Federal Way and to comply with the Growth Management Act and the Countywide Planning Policies for King County, (b) Affordable housing defined. "Affordable housing" means dwelling units that are offered for sale or rent at a rate that is affordable to those individuals and families having incomes that are 80% or below the median county income as established in the Countywide Planning Policies. (cl Multiple family developments. New multiple family or mixed use proj~cts involving 25 dwelling units or more are required to provide affordable dwelling units as part o~. the Eroject. At least 2 dwelling units or 5% of the total number of proposed units, whichever is greater, shall be affordable. frojects including affordable dwelling units may exceed the maximum allowed number of dwelling units as follows: (1) One bonus market rate unit for each affordable unit in~~~ded in the project; up to 10% above the maximum number of dwelling units allowed in the underlying zoning district. 90 'd ;>;> . c r wm ""-nT "'" [9at9 ON XH/UI ..:1:1 NOJII L6/0IlH (1) Those lots in a new single family subdivision which are ~roposed to contain affordable dwelling units ma~ be reduced in area by up to 20% of the minimum lot size of the ~nderlYi~~ zoning district; provided that the overall number of dwelling ~~~ts in t~e subdivision may not exceed 10% of the maximum number of units allowed in the underlying zoning district. (e) Duration. An agreement in a form approved by the C~ must be recorded with King County Department of Rec~rds and Elections requiring affordable dwelling units which are provided under the provisions of this section to remain as affordable housing for the life of the project. This agreement shall be a covenant running with the land, binding on the assigns, heirs and successors of the applicant. LO'd GG:EI NO¡'¡ L6-01-^ON See. 22-836. Convalescent Centers, Nursing Homes. The following uses shall be pemñtted in the office park (OP) zone subject to the regulations and notes set forth in this section: DIRECTIONS: FIR3T, reoddown Iofind...... 'I1!BN, ""'" f<rRBOULATIONS MINIMUMS USE 0 ~ ~ ~ i:> § ~ Non,. 25' 2U IS' 2U 5U 2U 2U lIS""""'"",.., I~on 2U b"Hdmg """';o~ 0 ,.,..",......, 2U S~N""'I"5. ""i.S~Soo. 22-1376 "'eo¡. RBQUIREDYARDS ~ ê m~ I~ § ~g: ~~ ::II:! [I} ~ ~ ~ æ- ~ - I:! Conycl""", ~'U"'. nun;"" ham", Sitopl...,.,,;ow. Pouibl, I'roc= L S~Notol. S~Noto4. S~Notos2&8. ,,",,=LH""'m~d=ibodin §§22-J86-22-411. 22-411-22-460. 22-476-22-498 ":'P"'iffiy. si. PI"" Roviow I. d=ibod m §§ 22-361-22-169 1 l (Ord. No. 96-270, § 5, 7-2-96) USE ZONE CHART ô ~ U I:!.. ~ ~ !!PECIAL REGULATIONS AND NOTES I. If''''''''''IInqb'''''' I. Ihohoi¡ht of O_-"""'¡ 35""""'.....,.. bui1dmg""""""1 to o.........ofSS',H'oIl oflhofol!oMoa<:ritoria..- . L Thoodditlonolhoigbtio_Io_lhopclioubt..."""""""inlhobui1dio&.""" b Thooubjoct_doos...odjoinonoidoolW"""""", ,. Rooh m¡uitodyvd """'"'" Ibo - io _1'fa:_I'1ho - """"" 35' """" ....... buildmg """""'" """ ~ Tho......... hoight will"" bIodc "", da;pIod by Iho ~ pho; """ ,. Tho -hei¡b, io """"""'with..,.,. "polio;a fa: Iho ...of"'" ""'joct - u, r;:.~by~ ~~'blo1hxnR.O.W."'_f""'iolS"aJw; 35' H'~I 'b>If.......... """ fodlitia I........ in Iho -yon!; a: '" H'paIdng'" driW>I..... ..I-.d in ~::~....x." thio",,_includo _mw Ala fooilitl" whiohutili2o no """"..... S"! oflho_floor...ofthiJ- ~ Tho doj... - ""'" bo daianod '" that "'I1Nok podång. I"""" md ............... ceu; .... ."'..,,"""~ outdoor.... """ o:tMtl" -....... wi ""'" md .imilorf...... ..I-.d u f"upouibl,&an"'l...idootW-. I S. If"'lport;onof,-onlho ""'joctpropaty io within lOOfoctofo<aidontiolzooe. """that portion of"'" - _... """'" 30 foct abovo....... huiIdin¡¡ 01"","", 6. No.........iot_io_liobod.lmteod,lhobuildob1,....willbodotonoinodbyotho<oito dovoI_............... i.,.. "'uizod buff"", paIdng 1..1an<boopio& Nñ... """ fod1itl... oto. 7. For community dai." ..,;doIina that apply 10 Iho projoct, ... Mol, XIX :: ~: :;:~ ..::. ':" rx':;:' ':~ = XVIl I 1~_IoSoo.22-946""'l. todotemUootlbolotho<"'""'""" ofthiJ ch.opIŒ_OPPIyIo"",oubjoct ¡xoporty. LP<rotl1oo:inf.".".;""oboutpaldngondpaldng""""'!22-1J16""'l' FordoWb of_- oxooodthiJhoigbtJ;m;,...! 22-1046 ""'l. PordoWb.-msroquitodyanlo,...! 22-1131 ""'I.