Res 00-321
RESOLUTION NO. 00-321
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, W ASHINGTON,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 residentialdevelopmentconsistentwith
Res. No. 00-321, Page I
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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 20-1 52(d), 20-153(b), and 20-154; and
WHEREAS, the City has, to date, approved only one (I) 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 of21" AvenueSW,
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-JlL, 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
staffhave 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
Res. No. 00-321, Page 3
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
WHEREAS, on September I, 2000 a threshold environmental determination was
issued on possible code amendments pursuant to the State Environmental Policy Act, RCW
43.21C, and Chapter 18 of the FWCC. There is a thirty (30) day public comment and appeal
period on this decision, and code amendments cannot be made until after this time period has
elapsed; 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 subsequentrecommendationto 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 is scheduled for the
Planning Commission on September 20'" 2000, and the earliest dates LUTC and the City Council
could consider potential code amendments would be October 2 by LUTC and the full Council on
October 17 and November 7; and
WHEREAS, the time remaining in the moratorium adopted in Resolution No. 00-
320 will not permit environmental review and implementation of the schedule called for by
Sections 22-516 - 22-538;
Res. No. 00-321, Page 4
WHEREAS, the Council should therefore continue the moratorium for an additional
seventy-seven (77) days, until December 31, 2000, 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 I. Findings of Fact. The recitals set forth above, along with the recitals set
forth in Resolution No. 00-320, 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 ninety (90) day moratorium adopted in Resolution No. 00-320, is hereby
continued for a period not to exceed seventy-seven (77) days, until December 31, 2000.
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 20-1 52(d), 20-153(b) and/or 20-154. 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.
Res. No. 00-.3£!, Page 5
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 ofthis 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 5th day of September, 2000.
CITY OF FEDERAL WAY
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MAYOR,MI PA /
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APPROVED AS TO FORM:
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INTERIM CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK: 08/30/00
PASSED BY THE CITY COUNCIL: 09/05/00
RESOLUTION NO. OO-~
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