Ord 98-309
ORDINANCE NO. 98-309
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY. WASHINGTON, AMENDING CHAPTER 20
OF THE FEDERAL WAY SUBDIVISION CODE, ADOPTING'
SPECIFIC AMENDMENTS AND ADDING NEW
REGULATIONS FOR CLUSTER 'SUBDIVISIONS.
A.
WHEREAS amendments to the Federal Way City Code (FWCC) text are
authorized pursuant to FWCC Sections 22-216 and 22-217 pursuant to Process IV
review; and
B.
WHEREAS the Federal Way City Council has considered proposed changes
to the FWCC regarding specific subdivision regulations; and
C.
WHEREAS the Federal Way City Council, pursuant to FWCC 22-517, having
. .
determined the Proposal to be worthy of legislative consideration, referred the Proposal
to the Federal Way Planning Commission as a priority item for its review and
recommendation; and
D.
WHEREAS the Federal Way Planning Commission, having considered the
Proposal at public hearings during 1997 on June 4, June 18, and August 20 pursuant to
FWCC Section 22-523, and all public notices having been duly given pursuant to FWCC
Section 22-521; and
E.
WHEREAS the public was given opportunities to comment on the Proposal
during the Planning Commission review; and
ORD # 98-309
, PAGE 1
töff2>Y
F.
WHEREAS the City of Federal Way SEPA responsible official has issued a
Determination of Nonsignificance on April 27, 1997; and
G.
WHEREAS following the public hearings, the Planning Commission submitted
to the land Use and Transportation Committee of the City Council its recommendation
in favor of proposed subdivision code amendments, adding sections to the FWCC as
noted previously; and
H.
WHEREAS the Federal Way land Use and Transportation City Council
Committee met on October 20th, November 3rd and 17th, and December 1st, 1997 to
consider the recommendation of the Planning Commission and has moved to forward the
Proposal, with amendments, to the full City Council; and
I.
WHEREAS there was sufficient opportunity for the public to comment on the
Proposal; NOW, THEREFORE,
THE CITY COUNCIL OF THEëlTY 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
amending of subdivision regulations to promote innovative and flexible standards in the
ORD # 98-309
, PAGE 2
design and development of new residential subdivisions; and
3.
The Federal Way SEPA responsible official has issued a Determination of
Nonsignificance on April 27, 1997; and
4.
The proposed code amendments would not adversely affect the public
health, safety, or welfare; and
5.
The Planning Commission, following notice thereof as required by RCW
35A.63.070, held 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.
The Proposal is consistent with the following Comprehensive Plan goals
and policies:
LUP16 Revise existing land use regulations to provide for
innovation and flexibility in the design of new single family
developments and in-fill.
LUP19 Consider special development techniques (e.g. accessory
dwelling units, zero lot lines, lot size averaging, and planned unit
developments) in single family areas provided they result in
residential development consistent with the quality and character of
existing neighborhoods.
ORD # 98-309
, PAGE 3
LUP20 Preserve site characteristics that enhance residential
development (trees, watercourses, vistas, and similar features) using
site planning techniques such as clustering, planned unit
developments, and lot size averaging.
,
HP14 Amend development regulations to .encourage superior
design and a greater diversity of housing types and costs through
such techniques as incentives, inclusionary zoning, planned unit
developments, density bonuses, and transfer of development rights.
HP15 Consider zero lot line standards within planned unit
developments to create higher density single-'family neighborhoods
with large open space areas.
2.
The Proposal bears a substantial relationship to the public health, safety
and welfare because it implements policies aimed at increasing housing diversity
and availability, neighborhood identity and promotes site sensitive development
to protect the environment and neigtmorhood character.
Section 3. Amendment. The Federal Way City Code, Chapter 20, 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 validity of its application
to other persons or circumstances.
ORD # 98-309
, PAGE 4
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 sh~1I take effect and be in force five
(5) days from the time of its final passage, as provided by law.
r PASSED by the City Coooo' of the C'y of Fed",,'Way thl,
of Aft, 1998. .
CITY OF FEDERAL WAY
(tJ;
0
day
~#é~/2-C~
~E(S~
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~~.~,~~~)~:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
12-09-97
PASSED BY THE CITY COUNCIL: 01-06-98
PUBLISHED:
01-10-98
EFFECTIVE DATE:
01-11-98
ORDINANCE NO.
98-309
ORD # 98-309
, PAGE 5
ATTACHMENT A
Article I.
In General
Sec. 20-1.
Definitions
Binding site plan shall mean a plan drawn to scale processed in
accordance with the provisions of this chapter and RCW~8.17.
Binding site plans are divisions of land for sale or around lease
for commercial er-.L industrial. manufactured-home carks. and
condominium uses.
Article II Plats
DIVISION 4. BINDING SITE PLANS.
----------
*Cross reference(s)--site plan review procedure, §22-361 et
seq.
State law reference(s)--Binding site plans, RCW 58.17.035.
----------
Sec. 20-61. Subdivisions requiring binding site plan.
Division of any land for sale or lease which is classified
for commercial, business, office.-or industrial development, ~
which is to be develoced as condominiums or manufactured home
~ shall be required to obtain an approved binding site plan in
accordance with this and other ordinances of the city.
Sec. 20-68. Alteration of bindinq site Dlan.
Alteration of an accroved bindina site clan
same crocess and requirements set forth in this
accroval of a bindina site clan.
shall follow the
division for the
Sec. 20-108.5. Alteration and vacation of short Dlats.
(a) Alteration of an accroved short clat shall follow the same
review crocess used to create a short clat as set forth in Sec.
20-81: EXCEPT that when an alteration involves a cublic
dedication. the alteration shall be crocessed as crovided in
Division 9.
(b) Vacation of an accroved short clat shall follow the crocess
established as follows: EXCEPT that. when a vacation involves a
cublic dedication. the vacation shall be crocessed as crovided in
Division 9.
(1) A preapplication conference between the proponent and
citv staff to discuss the circumstances and reasons for
the vacation as set forth in Sec. 20-82.
(2)
Review of the short subdivision vacation application to
determine whether or not the application is complete and
acceptable for filinq. An application for vacation shall
include the followinq:
(a) An application for approval of a short subdivision
vacation shall be made to the department of community
development services upon forms furnished bv the city.
Applications shall be made bv the owner or owners of the
parcel or parcels of all property encompassed by the
application or bv a dulY authorized aqent. The owner or
owners of all parcels to be included must ioin in or be
represented in the application.
Ib) The application shall include seven prints of the
approved short subdivision and be accompanied bY a
statement settinq forth the reasons for vacation.
Approval. approval with conditions. or denial of the
short subdivision vacation by the director of the
department of community development services.
Filinq of the short subdivision vacation in the office
of the county division of records and elections.
(3)
(4)
Division 6. Preliminary Plat
Seo.20-110. General procedure
(8) Preliminary plat certificate not less
from a licensed title insurance companv.
i2l Additional information as required at
the director of community development services.
than 90 days old
the discretion of
Division 9.
Vacation of Subdivisions
Sec. 20-148. Plat vacation application.
When any person is interested in the vacation of anv subdivision
that person shall submit an application to request the vacation
to the city.
(a) Siqnatories. The application shall contain the
siqnatures of the maioritv of those persons havinq an ownership
interest of lots. tracts. parcels. sites or division in the
subiect subdivision or a portion to be vacated. If the
subdivision is subiect to restrictive covenants which were filed
at the time of approval of the subdivision. and the ~pplication
2
for alteration would result in the violation of a covenant. the
application shall contain an aareement sianed bv all parties
subiect to the covenants providina that the parties aaree to
terminate or alter the relevant covenants to accomplish the
purpose of the vacation of the subdivision or portion thereof.
(b) Completed application defined. A completed aDPlication
shall be as reauired for preliminary plats. pursuant to FWCC
section 20-113. -
Sec. 20-148.2. Acceptance of application. routina.
(a) Upon submittal of a completed application for vacation of
plat. the department of community development services shall
transmit at least one copv of the application for vacation for
review and recommendation to each of the followina:
(1)
Public works department:
(2) Lakehaven utilitv District and/or citv of Tacoma
Public Uti1itv Department and/or other utility district.
as appropriate:
(3)
Federal Wav Fire Department:
(4) County department of public health. if septic systems
are proposed for sewaae disposal:
(5)
Federal Way School Dis~ict #210:
(6)
Buildina division: and
(7) Other individuals or iurisdictions as deemed
appropriate bv the director.
(b) An application for plat vacation shall not be accepted for
filina for the purpose of official processina until the director
of community development services determines that the applicant
has paid all fees and submitted all documents and information as
reauired herein to permit a full public hearina on the merits of
the application: and
Sec. 20-148.4. Process for review and notice of p~lic hearina.
(a) Upon confirmation bv the director of community development
services that the plat vacation application is complete the
application shall be processed and reviewed fo110wina the
procedures defined in section 20-115 et sea.
(b) Notice of the hearina shall be mailed to the appropriate city
or county officials if the proposed plat vacation lies within one
mile of the adioinina citv or county boundary. and to all
aaencies or private companies pursuant to section 20-148.2(a)
herein.
3
(c) All notices required in this section shall clearlv describe
in layperson's terms the nature of the reauest. the location of
the proposal. the date. time and location of the hearina. and
address and telephone number where additional information mav be
obtained relative to the application.
Sec. 20-148.6. ReDort to hearina examiner: review.
(a) No less than seven davs prior to the date of the public
hearina. the department of communitv development services shall
submit to the hearina examiner a written report summarizina the
application for plat vacation. The report shall contain. in
addition to the reauirements in section 20-111. et sea.. the
followina information:
(1) All communications from other aaencies or individuals
relatina to the application which were received in time to
be included in the report to the hearina examiner.
A list of recommendations from the depa~ment of
communitv development services. department of public
works. and other appropriate departments relatinq to plat
vacation approval.
(b) The hearina examiner shall review the application in
accordance with the procedures stipulated in Article VII. Process
IV Review.
(2)
Sec. 20-148.8. city council review. action.
city council review of hearina eXãminer'recommendations on
applications for plat alterations shall be limited to the record
of the hearina examiner. oral comments received at the public
meetina (so lona as such comments do not raise.new issues or
information not contained in the examiner's record) and the
hearina examiner's report.
ARTICLE III. DESIGN CRITERIA*
Sec. 20-153. Density.
(b) Lots created in under Section 20-154 may be below minimum lot
size requirements of chapter 22, provided the total number of
lots created does not exceed the number which would be permitted
in a conventional subdivision on a site of the same total area,
after reservation of required open space. The total number of
lots permitted will be calculated bY subtractina the reauired
open space (15%) and subtractina 20% for streets from the aross
land available. then dividina by the minimum lot size of the
underlvina zonina district.
Sec 20-154. Cluster subdivision.
(a) In order to promote open space and the protection of natural
features such as trees, wetlands, and other environmentallv
sensitive areas. lots may be reduced in size and placed in
clusters on the site. The aross land area available for cluster
4
subdivisions must be a minimum of two acres.
(b) Lots created in a cluster subdivision may be reduced in size
below the minimum required in chapter 22, UP to 1/2 of the size
of the underlvina zonina requirement but in no case smaller than
3600 sauare feet. per lot. provided that minimum-yapà ðftè setback
requirements are met except as allowed for in (d) below. This
provision cannot be used toaether with Section 22-967 (d) 1
(affordable housina bonus). BHilài8~ setB~eltli8e8 fer eaeh let
shall Be 8h8\:8 88 the faee 8f a Bluster suBàivisi88 plat.
(c) Open space created by cluster subdivisions shall be protected
from further subdivision or development by covenants filed and
recorded with the final plat of the subdivision.
(d) Cluster subdivisions can be constructed with zero-lot lines.
provided that no more than two units mav share a common wall.
(e) Anv subdivision created bv this section must provide all open
space on-site and it must all be usable.
Sec. 20-155. Open Space and recreation.
(b) All residential subdivisions shall be required to provide
open space in the amount of 15 percent of the gross land area of
the subdivision site, 8F if the site is five aeres sr less i8
siBe, appliea8ts may eee]( alter8ative methsàs af previài8~ the
re~aireà epe8 spaee as permitteàJBy seetie8 19 41 et se~., if
aeeeptable te the eitYi Except for subdivisions created under
section 20-154. a fee-in-lieu paYment may be made to satisfY open
space requirements at the discretion of the parks director after
consideration of the city's overall park plan. quality. location.
and service area of the open space that would otherwise be
provided within the proiect. The fee-in-lieu of open space shall
be calculated on fifteen percent (15%) of the most recent
assessed value of the property. In the absence of an assessment.
the market value shall be based on an appraisal conducted by a
MAI certified appraiser or another professional appraiser
approved bv the parks director. And except for lots within an
existina subdivision. where open space was alreadY dedicated or a
fee in lieu paid. the percent of open space required will be the
difference between the open space dedicated prior and 15%. Any
fees collected shall be utilized within the park comprehensive
plan plannina area that the subiect propertv falls within. unless
the applicant bY voluntary aareement directs the expenditures of
such fees in a different plannina area.
(c) Any combination of open space types may be used to
accomplish the total area required to be reserved as follows:
Open Space % of Gross Land
Category Area
Usable 10% minimum
Conservation No maximum or minimum'
5
~.
~
Buffer
Constrained
2% maximum
2% maximum
An administrative alteration of the ODen SDace cateaorv Dercentaae
requirements within the above cateaories may be made by the ;;arks
director on a case-bv-case basis. but in no case shall the combination
of cateaories total less than 15% unless otherwise Drovided for in
section 20. Review and aDDroval of such- cases shall be based on the
followina considerations:
1. The chanae in Dercentaae requirements would result
in a suDerior ODen SDace Dlan than could be accomDlished
under the standard Dercentaae requirements.
2. The availabilitv and tYDeS of ODen SDace located
within the immediate area.
3. The Dresence on-site of environmental features that
are unique rare or of local imDortance.
4. The oDDortunities for the Dreservation of
sianificant views and creation of Dublic access to Doints
of interest.
5. The relationshiD of the DroDosed ODen SDaCeS to the
City's Dark Dlan.
CHAPTER 22
Zoning
Article XIII. Supplementary District Regulations
Division 1. Generally
Sec. 22-955. calculating lot coverage. ,
(a) General. Except as specified in subsection (b) of this
section, the area of all structures, pavement and any other
impervious surface on the subject property will be calculated as
a percentage of total lot area. exclusive of the area of anv
recorded access easements. in determining compliance with maximum
lot coverage required in this chapter. If the subject property
contains more than one use, the maximum lot coverage requirements
for the predominant use will apply to the entire development.
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