Res 00-320
RESOLUTION NO. 00- 320
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, IMPOSING A
MORATORIUM ON THE ACCEPT ANCEAND 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 36.70A090 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
(Goals LUG3 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 polices 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
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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 20-152(d), 20-153(b), and 20-154; and
WHEREAS, the City has, to date, approved only I application, and is processing 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 subdívision 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 of21" 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. OO-~ 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, the City should impose 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 20-1 52(d), 20-1 53(b) and/or 20-154, until any necessary code
revisions are complete and have been adopted by the Federal Way City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY
RESOLVES AS FOLLOWS:
Section I. Moratorium.
The Federal Way City Council hereby declares a
moratorium upon the acceptance or approval of 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-I53(b) and/or 20-154. In addition, the Federal Way City Council hereby declares a
moratorium upon the processing of any subdivision application utilizing or relying upon the cluster
subdivision provisions identified above and submitted after the effective date of this resolution.
Section 2. ExemDtions. This moratorium shall not apply to:
A. The processing of or approval of cluster subdivision applications submitted prior
to the effective date of this resolution; or
B. Subdivisions which are not cluster subdivisions but the processing or approval
of which relies in part upon FWCC Sections 20-1 52(d).
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Section 3.
Duration. This moratorium shall be in effect for ninety (90) days
following the effective date of this resolution, and shall expire at midnight on Monday, October 16,
2000, unless extended by the City Council.
Section 4. Public Hearing. Pursuant to RCW 36.70A.390, the City Council shall
hold a public hearing on this moratorium within sixty (60) days of its adoption, on Tuesday,
September 5, 2000. Immediately after the public hearing, the City Council shall adopt findings of
fact on the subject of this moratorium, and either justify its continued imposition or cancel the
moratorium.
Section 5. Staff Direction. City staff and the Planning Commission are-directed to
work with interested City residents and property developersto determine the impacts and appropriate
use and location of cluster subdivisions, and draft and forward to the City Council any appropriate
code amendments. Specifically, the 2000 Planning Commission work program is hereby amended
to permit the Commission's consideration, as expeditiously as possible, of any code amendments
proposed by staff.
Section 6.
Recitals Incomorated. The recitals set forth on pages 1-3 of this
Resolution are incorporated as if fully set forth herein and shall serve as Findings of Fact.
Section 7. Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid òr 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 8. Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Res. No. 00-320, Page 4
Section 9. 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 18th day of July, 2000.
CITY OF FEDERAL WAY
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MAYOR, 'I '
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CITY LEkK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
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INTERIM CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK: 07/18/00
PASSED BY THE CITY COUNCIL: 07/18/00
RESOLUTION NO. 00- 320
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