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Res 00-332 RESOLUTION NO. OO-..nz. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIDNGTON, ADOPTING FINDINGS OF FACT AND CONTINUING A MORATORIUM ON THE ACCEPTANCE AND ISSUANCE OF CLUSTER SUBDIVISION APPLICATIONS AND APPROVALS UTILIZING OR RELYING UPON FEDERAL WAY CITY CODE SECTIONS 20-152(d), 20-153(b), AND/OR 20-154. WHEREAS, RCW 36.70A.090 encourages but does not require the use of "innovative land use management techniques, including, but not limited to, density bonuses, cluster housing, planned unit developments, and the transfer of development rights" in a city's comprehensive plan; and WHEREAS, the City of Federal Way Comprehensive Plan contains the twin goals (Land Use Goals 3 and 3.1) of preserving and protecting Federal Way's single-family neighborhoods, while providing a wide range of housing densities and types in the single-family designated areas; and WHEREAS, these goals are implemented by Policies LUPI4, 19 and 20, which call for the City to maintain and protect the character of existing and future single-family neighborhoods through strict enforcement of the City's land use regulations, while considering 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 Res. No. 00-332, Page I rc(Q)~V the quality and character of existing neighborhoods, and while preserving site characteristics using site planning techniques such as clustering, planned unit developments, and lot size averaging; and WHEREAS, in Ordinance No. 98-330, adopted December 15, 1998, the Federal Way City Council adopted procedures for the use and approval of cluster subdivisions; and WHEREAS, these provisions are codified at Federal Way City Code ("FWCC") Sections 20-1 52(d), 20-l53(b), and 20-154; and WHEREAS, the City has, to date, approved only one (1) application, and is processing four (4) applications, utilizing or seeking to utilize the cluster subdivision code provisions, and therefore the City has not had an opportunity to study the results of implementation of the cluster subdivision code provisions; and WHEREAS, it appears that the City could, in the near future, receive additional applications seeking approval of cluster subdivisions, particularly in the area east of 21" Avenue SW, in the vicinity of Saghalie Junior High School; WHEREAS, members of the public have raised concerns about impacts arising from approval of the cluster subdivision code provisions, including issues of the adequate distance between residential structures, minimum lot size, and the buffering of more dense cluster subdivisions from other, existing, less dense residential uses; and WHEREAS, the City of Federal Way values the utility of innovative land use management techniques such as clustering, but believes that its land development process and citizens would be best served if cluster subdivisions were designed so as to fully address public health, safety, welfare and/or aesthetic concerns; and Res. No. 00-.1JZ., Page 2 WHEREAS, the City needs to review its codes and ordinances in a comprehensive fashion to determine whether stated concerns have been adequately addressed in existing cluster subdivision provisions, or whether additional amendments are necessary or desirable; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize cities to adopt moratoria provided a public hearing is held within sixty (60) days of adoption; and WHEREAS, on July 18, 2000 the Federal Way City Council adopted Resolution No. 00-320, containing a moratorium barring the acceptance or approval of any subdivision application relying upon cluster subdivision provisions of the FWCC, including but not limited to FWCC Sections 20-152(d), 20-153(b) and/or 20-154, until any necessary code revisions are complete and have been adopted by the Federal Way City Council; and WHEREAS, since the adoption of the moratorium, City staff have worked diligently to prepare draft code amendments to address cluster subdivisions; and WHEREAS, through research of cluster subdivisions adopted by other cities, City staff have identified alternative ways to ensure better transition and compatibility of cluster lot sizes with the lot sizes of existing neighborhoods; design specific cluster subdivision elements; calculate densities; and promote or restrict cluster development; and WHEREAS, on August 16, 2000, City staff held a public meeting, to hear public comments from interested citizens concerning existing FWCC cluster subdivisions; and WHEREAS, over thirty (30) people attended the August 16 meeting, and expressed concerns over density, change of neighborhood character, crime and environmental protection; and WHEREAS, on September 1,2000 a threshold environmental determination was issued on possible code amendments pursuant to the State Environmental Policy Act, RCW 43.21 C, Res. No. 00-..1l~ Page 3 and Chapter 18 of the FWCC. There was a thirty (30) day public comment and appeal period on this decision, and no code amendments could be made until after expiration of the comment I appeal period; and WHEREAS, on September 5, 2000, and within sixty (60) days of July 18, 2000, the Federal Way City Council held a public hearing concerning the moratorium adopted in Resolution No. 00-320, and adopted Resolution No. 00-321 continuing the moratorium until December 31,2000; and WHEREAS, to provide sufficient opportunities for public input, and for Council consideration, FWCC Sections 22-516 - 22-538 set forth a process for conSideration of amendments to the FWCC that includes at least one public hearing before the Federal Way Planning Commission, consideration of draft amendments by the City Council Land Use and Transportation Committee ("LUTC") and a subsequent recommendation to the full Council by that Committee, and two readings of the draft amendments before the Federal Way City Council; and WHEREAS, a public hearing on potential code amendments was held before the Planning Commission on September 20 and October 4, 2000; and WHEREAS, the Land Use and Transportation Committee considered the Planning Commission's recommendation during its regular meetings on November 6 and November 20, 2000, and conducted a tour of cluster subdivisions in the south Puget Sound area; and WHEREAS, the LUTC has not completed its review of the Planning Commission's recommendation, and is scheduled to continue such consideration at its December 4, 2000 meeting; and Res. No. 00- 332, Page 4 WHEREAS, following completion of ihe LUTC's review, and recommendation to the full City Council, a first and second reading of any proposed amendments to the Federal Way City Code are required; and WHEREAS, the time remaining in the moratorium adopted in Resolution No. 00- 320 will not permit completion of the LUTC's review and nor consideration or adoption of proposed amendments by the full City Council; WHEREAS, the Council should therefore continue the moratorium for an additional thirty (30) days, until January 31, 2001, to allow for full consideration of any amendments to the FWCC pertaining to cluster subdivisions; and WHEREAS, the Council should adopt Findings of Fact to this effect pursuant to RCW 36.70A.390 and RCW 35A.63.220: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings of Fact. The recitals set forth above, along with the recitals set forth in Resolution Nos. 00-320 and 00-321, are incorporated as if fully set forth herein, and are adopted as and shall serve as Findings of Fact. Section 2. Continuation of Moratorium. The Federal Way City Council hereby declares that the moratorium adopted in Resolution No. 00-320, and continued in Resolution No. 00-321, is hereby continued for a period not to exceed thirty (30) days, until January 31, 2001. Therefore, during the pendency of the continuation of the moratorium, the City shall not accept or approve any subdivision application utilizing or relying upon the cluster subdivision provisions of the FWCC, including but not limited to FWCC Sections 20-152(d), 20-153(b) and/or 20-154. Res. No. 00-332, Page 5 In addition, the City shall not process any subdivision application utilizing or relying upon the cluster subdivision provisions identified above and submitted after the effective date of Resolution No. 00-320; said effective date being July 18, 2000. Section 3. Other Sections Not Affected. During the pendency of the continuation of the moratorium, Sections 2-3 and 5-9 of Resolution No. 00-320 shall remain in full force and effect. Section 4. Severability. If any section, sentence, clause or phrase of this Resolution 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 Resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this Resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this 5'" day of December, 2000. CITY OF FEDERAL WAY /~ --/~ /2/ AYOR,MIKEr,~ / ( Res. No. 00- 33~ Page 6 APPROVED AS TO FORM: '~~~ CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: 11/28/00 PASSED BY THE CITY COUNCIL: 12/05/00 RESOLUTION NO. 00- 332 K: \RESOle Instenn oreont.doe Res. No. 00- 3n Page 7