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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. 6