2024 08 August 21 Planning Commission PacketPLANNING COMMISSION
REGULAR MEETING AGENDA
City Hall – Council Chambers
August 21, 2024 – 5:00 p.m.
1.CALL MEETING TO ORDER
2.ROLL CALL
3.APPROVAL OF MINUTES
Planning Commission Meeting Minutes of August 7, 2024
4.PUBLIC COMMENT
None scheduled
5.COMMISSION BUSINESS
a.Electric Vehicle Code Amendment Briefing
b.Project Permits and Local Project Code Amendment Briefing
6.STAFF BUSINESS
Manager’s Report
7.NEXT MEETING
September 4, 2024 5:00pm – Regular Meeting
8.ADJOURNMENT
Planning Commission meetings are held in-person.
To request accommodation to attend or to provide public comment virtually, please contact Samantha Homan at
253-835-2601 or samantha.homan@federalwaywa.gov, no later than 5:00 p.m. on August 20, 2024.
Commissioners City Staff
Tom Medhurst, Chair Keith Niven, Community Development Director
Vickie Chynoweth, Vice Chair Samantha Homan, Office Manager
Diana Noble-Gulliford www.federalwaywa.gov
Lawson Bronson
Tim O’Neil
Anna Patrick
Jae So
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PLANNING COMMISSION
Meeting Agenda Table of Contents
City Hall – Council Chambers
August 21, 2024 – 5:00 p.m.
1.Planning Commission Minutes August 7, 2024… page 3
2.Commission Business Item A: Electric Vehicle Code Amendment Briefing
a.Staff Memo… page 6
b.Text Updates… page 7
3.Commission Business Item B: Senate Bill 5290 Public Hearing
a.Staff Memo….page 28
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PLANNING COMMISSION
REGULAR MEETING AGENDA
City Hall – Council Chambers
August 7, 2024 – 5:00 p.m.
1. CALL MEETING TO ORDER
Vice Chair Chynoweth called the meeting to order at 5:00pm
2. ROLL CALL
Commissioners Present: Anna Patrick, Diana Noble-Gulliford, Lawson Bronson, Tim O’Neil,
Vickie Chynoweth
Excused: Tom Medhurst, Jae So
City Staff Present: Community Development Director Keith Niven, Planning Manager Holly
Bosak, Special Projects Planner Lucy Sloman, Senior Planner Evan Lewis, Senior Planner
Becky Chapin, City Attorney Kent van Alstyne, Office Manager Samantha Homan
3. APPROVAL OF MINUTES
Planning Commission Meeting Minutes of July 17, 2024
Commissioner Bronson moves to approve the minutes as written
Second by Commissioner O’Neil
Motion passes 5-0
4. PUBLIC COMMENT
None scheduled
5. COMMISSION BUSINESS
a) Draft South Station Approval Public Hearing (*it was clarified by legal at the meeting this
discussion was not a public hearing)
Special projects planner Lucy Sloman presented on the South Station Subarea Plan. The South
Station Subarea Plan provides the roadmap for the area's transformation into a new dynamic, transit-
oriented hub by planning for housing, employment opportunities, recreational spaces, regional transit
service, and a host of amenities. The Subarea Plan is being adopted in coordination with the City of
Federal Way 2024 Periodic Update to the Comprehensive Plan, currently underway, and to comply
with King County’s requirements for the area’s candidate designation as a Countywide Growth
Center (CGC). The Subarea planning effort began in 2019 and included broad, targeted, and
intentional community engagement. This multi-layered public involvement effort guided the Subarea
planning process, focusing on gathering insight into community desires and aspirations, which then
led to drafting of this Subarea Plan. It included:
• Interviews with property owners, stakeholders, agency partners such as the County and
School District and staff
• Framing City South, a community engagement open house and survey
• Townhall public meeting at Todd Beamer High School
• Project website to disseminate information to the public, collect public comments, and serve
as a
platform for a survey
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• A Stakeholder Group that provided feedback on various aspects of the plan; served as a
conduit for community’s interests and values; and both acted as a sounding board for ideas
and brought
additional perspectives for consideration. Additionally, the stakeholder group took two mobile
tours of existing Sound Transit light rail stations and transit-oriented development projects in
the region
• Planning Commission meetings, presentations, input
Anticipated timeline is presentation to LUTC in September with Council 1st reading in October.
Public Comment was provided by Todd Jarvis, president of DBM Contractors, which has 12 acres
in the South Station Area. He is looking to see how the City is going to interact with current
property owners in the TOD/South Station Area regarding possible changes of use and
displacement.
Public Comment was provided by Peter Townsend who has a business on 310th and 99, he
asked the Commissioners why they didn’t have more in depth questions regarding the South
Station. Chair Chynoweth responded stating that the Planning Commission has discussed this
topic for over the last two years and in depth questions were not necessary at this briefing.
Commissioner Chynoweth motions to recommend the City Council adopt the subarea plan
Second by Commissioner Patrick
Motion passes 3-2
Commissioner Noble-Gulliford - No
Commissioner Bronson- No
Commissioner O’Neil- Yes
Commissioner Chynoweth- Yes
Commissioner Patrick- Yes
b) Annual/Biannual Code Clarifications, Cleanups, Corrections & Consistency Amendments
Public Hearing
Vice Chair Chynoweth opened the Public Hearing at 6:24pm
Senior Planner Evan Lewis presented on the proposed code amendments to Title 14, 15, 18, and
19, commonly referenced as “snowball.” The purpose for theses amendments is to correct errors,
comply with state law, improve clarity and reduce ambiguity, and improve consistency. Next steps
include presenting to LUTC in September and 1st Council reading in late September.
Commissioner O’Neil moved to recommend moving forward to LUTC
Second by Commissioner Noble-Gulliford
Motion Passes 5-0
Vice Chair Chynoweth closes the Public Hearing at 7:07pm
c) Permanent Supportive Housing Code Amendment Briefing
Senior Planner Becky Chapin presented on the Permanent Supportive Housing code
amendments. The City needs to be in compliance with the GMA to ensure it will have capacity for
all PSH units required in the next 20 years. The City had made a proposed estimate of the
number of PSH units required and underestimated the number allocated by King County. The
City needs to be able to accommodate 946 PSH units in the next 20 years. The proposed code
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amendments options included lowering the separation distance requirements, increasing the
density caps in certain zones, and a combination of both. There was much deliberation and the
Commissioners were not thrilled with any of the 3 solutions provided and did not make a
recommendation to staff.
6. STAFF BUSINESS
Invitation to Special Meeting 8/13/2024
Manager’s Report
Planning Manager Holly Bosak invited the Planning Commissioners to the Special Meeting
next Tuesday, 8/13/2024. She also shared that the Sound Transit OMF Development
Agreement went to LUTC this past week, and a Development Agreement for the Christian
Faith Center is in the works.
7. NEXT MEETING
August 21, 2024 5:00pm – Regular Meeting
8. ADJOURNMENT
Commissioner O’Neil moved to adjourn the meeting
Second by Commissioner Noble-Gulliford
Motion Passes 5-0
Meeting adjourned at 8:18pm
ATTEST: APPROVED BY COMMISSION:
_______________________________________ _____________
SAMANTHA HOMAN, OFFICE MANAGER DATE
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MEMORANDUM
DATE: August 14, 2024
TO: Federal Way Planning Commission
FROM: Andrew Leon, Senior Planner
SUBJECT: Electric Vehicle Code Amendment – Briefing
OBJECTIVE
Provide an opportunity for Planning Commission to discuss and give input on a proposed code amendment
establishing regulations for electric vehicle infrastructure that is planned to come to a public hearing on
October 2, 2024.
BACKGROUND
The Washington State Legislature passed legislation in 2009 (SSHB 1481) requiring jurisdictions near
major transportation corridors (including Federal Way) to allow electric vehicle infrastructure in all
nonresidential zones by 2011. Further legislation was passed in 2019 (E3SHB 1257) and 2021 (E2SHB
1287) to require electric vehicle infrastructure for most new buildings that provide on-site parking.
The Federal Way Revised Code (FWRC) does not currently have standards regarding electric vehicle
infrastructure. This has led to a lack of clarity on how to administer and permit electric vehicle
infrastructure throughout the city. This amendment includes the following updates to Title 19 of the
FWRC:
•Addition of definitions in Chapter 19.05 FWRC relevant to electric vehicles and electric vehicle
charging infrastructure, as well as a revision to the definition for “vehicle service station” to allow
for alternative fuels.
•Updates to several land use tables in Chapters 19.215, 19.220, 19.230, and 19.240 FWRC to
allow electric charging infrastructure to be established as a primary use in zones where vehicle
service stations are allowed (Neighborhood Business, Community Business, City Center Frame,
and Commercial Enterprise).
•Addition of a new chapter, Chapter 19.295 FWRC, that establishes development regulations for
electric vehicle parking spaces and electric vehicle charging infrastructure as both a primary and
an accessory use.
NEXT STEPS
1) Planning Commission hearing proposed date of October 2, 2024.
2)LUTC October 7, 2024
3)Council first reading October/November 2024; Adoption November 2024
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
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19.05.020 B definitions.
…
“Battery charging station” means an electrical component assembly, or cluster of component
assemblies, designed specifically to charge batteries within electric vehicles, which meets or exceeds any
standards, codes, and regulations set forth in Chapters 19.27 and 19.28 RCW, and which is consistent
with rules adopted under RCW 19.27.540 and 19.28.281.
“Battery exchange station” means a fully automated facility that will enable an electric vehicle with an
interchangeable battery to enter a drive lane and exchange the depleted battery with a fully charged
battery through a fully automated process, which meets or exceeds any standards, codes, and
regulations set forth by Chapters 19.27 and 19.28 RCW, and which is consistent with rules adopted
under RCW 19.27.540 and 19.28.281.
…
19.05.050 E definitions.
…
“Electric vehicle (EV)” means a vehicle that operates, either partially or exclusively, on electrical energy
from the grid, or an off-board source, that is stored on-board for motive purpose.
“Electric vehicle charging infrastructure” means structures, machinery, and equipment necessary and
integral to support an electric vehicle, including battery charging stations, rapid charging stations, and
battery exchange stations.
“Electric vehicle parking space” means a marked parking space that identifies the use of the parking
space to be exclusively for the parking of an electric vehicle and that provides an electric vehicle parked
in the space with electric vehicle charging infrastructure.
…
19.05.180 R definitions.
“Rapid charging station” means an industrial grade electrical outlet that allows for faster recharging of
electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes,
and regulations set forth in Chapters 19.27 and 19.28 RCW, and which is consistent with rules adopted
under RCW 19.27.540 and 19.28.281.
…
19.05.220 V definitions.
“Vehicle service station” means a commercial use supplying petroleum products automotive fuels, e.g.,
gasoline, diesel fuel, hydrogen fuel, etc., and automotive oils that are for immediate use in a vehicle.
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…
19.215.030 Vehicle service stations.
The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations
and notes set forth in this section:
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Height of
Structure
Required
Parking
Spaces
SPECIAL REGULATIONS AND
NOTES
Lot
Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
Vehicle service station or
car wash
Electric vehicle charging
infrastructure as a
primary use or battery
charging station
Retail establishment
providing vehicle service
or repair
See note 5
Process
II
None
See
note
8
40
ft.
10 ft. 15
ft.
35 ft.
above
average
building
elevation
See note
7
1 for
each 300
sq. ft. of
gross
floor
area,
excluding
areas
under
pump
island
canopies
1. Gas pump Fuel pump
islands, canopies and covers
may not be closer than 25 ft.
to any property line. Outdoor
parking and service areas may
not be closer than 10 ft. to any
property line. If gas pumps a
fuel pump island is on the side
or rear and station includes
mini-mart, front yard setback
is zero ft.
2. The hours of operation of
these uses may be limited to
reduce impacts on nearby
residential areas.
3. May not be more than one
vehicle service station at any
intersection.
4. Vehicle body and chassis
repair and painting is not
permitted in this zone.
5. All service and repair
activities must take place
within an enclosed building.
Vehicle storage areas shall be
fully screened pursuant to
FWRC 19.125.200.
6. Bay doors associated with a
vehicle service station, or a
retail establishment providing
vehicle service or repair, may
See notes 1, 7
and 110
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USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Height of
Structure
Required
Parking
Spaces
SPECIAL REGULATIONS AND
NOTES
Lot
Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
not front on a public right-of-
way.
7. If any portion of a structure
on the subject property is
within 100 ft. of a residential
zone, then that portion of the
structure shall not exceed 30
ft. above average building
elevation and the structure
shall be set back a minimum
of 20 ft. from the property line
of the residential zone.
8. No maximum lot coverage
is established. Instead, the
buildable area will be
determined by other site
development requirements,
i.e., required buffers, parking
lot landscaping, surface water
facilities, etc.
9. A battery exchange station
shall provide a queuing lane
capable of accommodating at
least three vehicles.
910. For community design
guidelines that apply to the
project, see
Chapter 19.115 FWRC.
110. For landscaping
requirements that apply to the
project, see
Chapter 19.125 FWRC.
121. For sign requirements
that apply to the project, see
Chapter 19.140 FWRC.
132. Refer to
Chapter 19.265 FWRC to
determine what other
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USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Height of
Structure
Required
Parking
Spaces
SPECIAL REGULATIONS AND
NOTES
Lot
Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
provisions of this title may
apply to the subject property.
For other information about
parking and parking areas, see
Chapter 19.130 FWRC.
For details of what may
exceed this height limit, see
FWRC 19.110.050 et seq.
For details regarding required
yards, see
FWRC 19.125.160 et seq.
Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively.
(Ord. No. 12-735, § 4(Exh. A), 12-4-12; Ord. No. 05-506, § 3, 10-18-05; Ord. No. 97-291, § 3, 4-1-97; Ord.
No. 96-270, § 5, 7-2-96; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(40.30), 2-27-90. Code
2001 § 22-723.)
…
19.220.030 Vehicle and equipment sales, service, repair, rental – Self-service storage facilities.
The following uses shall be permitted in the community business (BC) zone subject to the regulations
and notes set forth in this section:
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USE
REGULATION
S
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Require
d
Review
Process
Minimums
Height
of
Structur
e
Required
Parking
Spaces
SPECIAL REGULATIONS
AND NOTES
Lot
Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
Vehicle service sta
tion or car wash
Electric vehicle
Charging
infrastructure as a
primary use or
battery charging
station
Retail
establishment
providing vehicle,
boat, or tire sales,
service, repair,
rental, and/or
painting,
passenger vehicle
rental including
moving trucks
Merchandise and
equipment rental
facilities, excluding
heavy equipment
rental
Tow or taxi lots
(Continued on
next page)
Proces
s II or,
with
SEPA,
Proces
s III
None Vehicle service stati
on, tow or taxi lots;
storage facilities:
35 ft.
above
average
building
elevatio
n
(AABE)
to 55 ft.
AABE
See
notes 1
and 2
1 for each
300 sq. ft.
of gross
floor area
excluding
areas
under
pump
island
canopies
Storage
facilities:
1 for each
300 sq. ft.
of the
facility’s
office
gross
floor area
Tow or
taxi lots:
Determin
ed on a
case-by-
case basis
1. If approved by the
director of community
development services,
the height of a
structure may exceed
35 ft. above average
building elevation
(AABE) to a maximum
of 55 ft. AABE, if all of
the following criteria
are met:
a. The additional
height is necessary to
accommodate the
structural, equipment,
or operational needs of
the use conducted in
the building, and/or all
ground floor spaces
have a minimum floor-
to-ceiling height of 13
ft. and a minimum
depth of 15 ft.;
b. Height complies
with note 2, below;
c. Height over 35 ft.
is set back from
nonresidential zones by
one ft. for each one ft.
of height over 35 ft.;
and
d. Rooflines are
designed to avoid a
predominantly flat and
featureless appearance
through variations in
roof height, forms,
angles, and materials.
40 ft. 15 ft. 15
ft.
Merchandise and
equipment rental
facilities:
20 ft. 10 ft. 10
ft.
Retail sales/service:
20 ft. 0 ft. 0 ft.
Except side and rear
yards along
residential zones
shall be 20 ft. (all
uses)
See notes 4, 87, and
132
11 of 29
USE
REGULATION
S
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Require
d
Review
Process
Minimums
Height
of
Structur
e
Required
Parking
Spaces
SPECIAL REGULATIONS
AND NOTES
Lot
Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
2. Building height may
not exceed 30 ft. AABE
when located within
100 ft. of a residential
zone.
3. May not be more
than two
vehicle service stations
at any intersection.
4. Gas pump Fuel pump
islands, canopies and
covers over fuel pump
islands may not be
closer than 25 ft. to any
property line. Outdoor
parking and service
areas may not be closer
than 10 ft. to any
property line. If gas
pump a fuel pump
island is on the side or
rear and station
includes mini-mart,
front yard setback is
zero ft.
5.
Vehicle service stations
may include
commercial vehicle
fueling facilities only
when:
a. The facilities
constitute a secondary
use and not the
primary use of the site;
b. The facilities are
located to the rear of
12 of 29
USE
REGULATION
S
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Require
d
Review
Process
Minimums
Height
of
Structur
e
Required
Parking
Spaces
SPECIAL REGULATIONS
AND NOTES
Lot
Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
the principally
permitted structure;
c. The design and
appearance of the
facilities are similar to
the principal facilities
on the site; and
d. No overnight
parking areas or
sleeping
accommodations are
provided on the site.
(Continued on next
page)
For other information
about parking and
parking areas, see
Chapter 19.130 FWRC.
For details of what may
exceed this height limit,
see
FWRC 19.110.050 et
seq.
For details regarding
required yards, see
FWRC 19.125.160 et
seq.
19.220.030 Vehicle and equipment sales, service, repair, rental – Self-service storage facilities.
(Continued)
13 of 29
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Height of
Structure
Required
Parking
Spaces
SPECIAL REGULATIONS AND NOTES
Lot
Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
Self-service storage
facilities; storage of
recreational
vehicles
6. A battery exchange station shall
provide a queuing lane capable of
accommodating at least three vehicles.
76. Auto and boat body repair and/or
painting may be permitted under this
section only if:
a. Building layout and design
mitigates impact of dust, fumes, noise,
glare, odor, or any other discharge on
neighboring uses and natural systems;
protects neighboring uses and natural
systems from accidental spillage,
leakage, or discharge of hazardous
material and pollutants;
b. All operations, service, painting
and repair must be conducted within
enclosed buildings.
87. Except for principal sales lots,
outdoor storage areas shall be located
to the rear and/or side(s) of the
principally permitted structure.
98. No maximum lot coverage is
established. Instead, the buildable area
will be determined by other site
development requirements, i.e.,
required buffers, parking lot
landscaping, surface water facilities,
etc.
109. Exterior storage of recreational
vehicles is permitted only when it
collocates with a self-service storage
facility.
110. Self-service storage facilities may
include one accessory living facility.
121. For community design guidelines
that apply to the project, see
Chapter 19.115 FWRC.
14 of 29
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Height of
Structure
Required
Parking
Spaces
SPECIAL REGULATIONS AND NOTES
Lot
Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
132. For landscaping requirements that
apply to the project, see
Chapter 19.125 FWRC.
143. For sign requirements that apply
to the project, see
Chapter 19.140 FWRC.
154. Refer to Chapter 19.265 FWRC to
determine what other provisions of this
title may apply to the subject property.
For other information about parking
and parking areas, see
Chapter 19.130 FWRC.
For details of what may exceed this
height limit, see FWRC 19.110.050 et
seq.
For details regarding required yards,
see FWRC 19.125.160 et seq.
Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively.
(Ord. No. 12-735, § 4(Exh. A), 12-4-12; Ord. No. 12-724, § 9(Exh. A), 6-5-12; Ord. No. 07-559, § 3(Exh. A),
7-3-07; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 96-270, § 5, 7-2-96; Ord. No.
93-170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(45.10), 2-27-90. Formerly 22-754. Code 2001 § 22-753.)
…
19.230.040 Vehicle service station.
The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and
notes set forth in this section:
15 of 29
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Height of
Structure
Required
Parking
Spaces
SPECIAL REGULATIONS AND
NOTES
Lot Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
Vehicle service station
or
car wash
Electric vehicle
charging infrastructure
as a primary use or
battery charging
station
Process
II
Possible
Process
III
See
note 1
22,500 40
ft.
15 ft. 15
ft.
35 ft.
above
average
building
elevation
See
notes 1
and 6
1 for
each 300
sq. ft. of
gross
floor
area,
excluding
areas
under
pump
island
canopies
1. The city may, using process
III, modify required yard,
height, landscape and buffer
and other site design and
dimensional requirements for
a proposed development that
meets the following criteria:
a. The proposed
development will be
consistent with the adopted
comprehensive plan policies
for this zone; and
b. The proposed
development will be
consistent with applicable
design guidelines; and
c. The street utilities and
other infrastructure in the
area are adequate to support
the proposed development.
2. This use may not include
any of the following:
a. Vehicle or boat collision
repair;
b. Vehicle chassis repair;
c. Vehicle or boat painting.
3. Gas pump Fuel pump
islands may extend 25 ft. into
the required front yard.
Canopies and covers over gas
pump fuel pump islands may
not be closer than 25 ft. to
any property line. Outdoor
parking and service areas
may not be closer than 10 ft.
to any property line. If gas
pump a fuel pump island is
on the side or rear and
See notes 1, 6
and 110
16 of 29
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Height of
Structure
Required
Parking
Spaces
SPECIAL REGULATIONS AND
NOTES
Lot Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
station includes mini-mart,
setback is zero ft. for front
yard.
4. All service and repair
activities, other than those
service activities that typically
take place at gas pump fuel
pump islands, must take
place within an enclosed
building.
5. May not be more than two
vehicle service station at any
intersection.
6. Structures on property that
adjoins a residential zone
shall be set back a minimum
of 20 ft. from the property
line adjacent to the
residential zone. The height
of structures shall not exceed
30 ft. above average building
elevation when located
between 20 ft. and 40 ft.
from the adjacent
residentially zoned property
line, and shall not exceed 40
ft. above average building
elevation when located
between 40 ft. and 100 ft.
from such property line.
7. Outdoor use, activity and
storage is regulated by
FWRC 19.125.170.
8. No maximum lot coverage
is established. Instead, the
buildable area will be
determined by other site
development requirements,
17 of 29
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Height of
Structure
Required
Parking
Spaces
SPECIAL REGULATIONS AND
NOTES
Lot Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
i.e., required buffers, parking
lot landscaping, surface
water facilities, etc.
(Continued on next page)
For other information about
parking and parking areas,
see Chapter 19.130 FWRC.
For details of what may
exceed this height limit, see
FWRC 19.110.050 et seq.
For details regarding required
yards, see
FWRC 19.125.160 et seq.
Process I, II, III and IV are described in Chapter 19.55 FWRC,
Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively.
19.230.040 Vehicle service station. (Continued)
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Height of
Structure
Required
Parking
Spaces
SPECIAL REGULATIONS AND NOTES
Lot
Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
9. A battery exchange station shall
provide a queuing lane capable of
accommodating at least three vehicles.
109. For community design guidelines
that apply to the project, see
Chapter 19.115 FWRC.
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USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Height of
Structure
Required
Parking
Spaces
SPECIAL REGULATIONS AND NOTES
Lot
Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
110. For landscaping requirements that
apply to the project, see
Chapter 19.125 FWRC.
121. For sign requirements that apply
to the project, see
Chapter 19.140 FWRC.
132. Refer to Chapter 19.265 FWRC to
determine what other provisions of this
title may apply to the subject property.
143. Single-story buildings may not
exceed a total ground floor area of
16,000 gross sq. ft., unless approved
under the provisions of
FWRC 19.110.080, or approved by the
director for minor additions such as
entry structures, lobbies, seating or
dining areas, bay windows, and similar
features; provided, that such addition(s)
shall not exceed 1,000 sq. ft. per
building in any one consecutive 12-
month period.
154. No more than 16,000 sq. ft. of new
single-story construction may occur on
a subject property, excluding increases
approved under the provisions of
FWRC 19.110.080 and minor additions
approved by the director under note
143.
165. Multiple-story buildings are not
subject to notes 13 and 14; provided,
that each floor contains at least 75
percent of the gross sq. ft. of the floor
below it and contains a principal use(s)
permitted in this zone.
Process I, II, III and IV are described in Chapter 19.55 FWRC,
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USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Height of
Structure
Required
Parking
Spaces
SPECIAL REGULATIONS AND NOTES
Lot
Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
Chapter 19.60 FWRC, Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For other information about parking
and parking areas, see
Chapter 19.130 FWRC.
For details of what may exceed this
height limit, see FWRC 19.110.050 et
seq.
For details regarding required yards,
see FWRC 19.125.160 et seq.
(Ord. No. 12-735, § 4(Exh. A), 12-4-12; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 97-291, § 3, 4-1-97; Ord.
No. 96-270, § 5, 7-2-96. Code 2001 § 22-807.)
…
19.240.050 Vehicle, boat, equipment, and outdoor storage container sales, rental, service, repair – Self-
service storage – Tow and taxi lots.
The following uses shall be permitted in the commercial enterprise (CE) zone subject to the regulations
and notes set forth in this section:
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Maximum
Height of
Structure(s)
Required
Parking
Spaces
SPECIAL REGULATIONS AND
NOTES
Lot
Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
Sales, rental, or
leasing facilities for
vehicles, trucks,
boats, trailers,
motorcycles,
Process
II or,
with
SEPA,
None Sales, rental,
and leasing
facilities:
40 ft.
above
average
building
elevation
1 for every
300 sq. ft.
of gross
floor area,
excluding
1. Minimum side and rear
yards for sales, rental, and
leasing facilities shall be 20 ft.
along residential zones and 10
ft. along all other zones; for all 20
ft.
See note
1
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USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Maximum
Height of
Structure(s)
Required
Parking
Spaces
SPECIAL REGULATIONS AND
NOTES
Lot
Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
equipment, outdoor
storage containers,
and portable moving
containers
Mechanical repair,
body repair, painting,
or related services for
vehicles, trucks,
boats, trailers,
motorcycles, and
equipment
Vehicle service station
or car wash
Electric vehicle
charging
infrastructure as a
primary use or
battery charging
station
Self service storage
facilities
Tow and taxi lots
Process
III
All others: (AABE) to
55 ft.
AABE
See note 2
areas under
pump
island
canopies
Storage
facilities: 1
for each
300 sq. ft.
of the
facility’s
office gross
floor area
Tow and
taxi lots:
Determined
on a case-
by-case
basis
other uses, side and rear yards
shall be 20 ft. along residential
zones and 15 ft. along other
zones.
2. If approved by the director
of community development
services, the height of a
structure may exceed 40 ft.
above average building
elevation (AABE), to a
maximum of 55 ft. AABE, if all
of the following criteria are
met:
a. The increased height is
necessary to accommodate
the structural, equipment, or
operational needs of the use
conducted in the building,
and/or all ground floor spaces
have a minimum floor-to-
ceiling height of 13 ft. and a
minimum depth of 15 ft.;
b. Height complies with
note 3;
c. Height over 40 ft. is set
back from nonresidential
zones by one additional ft. for
each one ft. of height over 40
ft.; and
d. Rooflines are designed to
avoid a predominantly flat and
featureless appearance
through variations in roof
height, forms, angles, and
materials.
3. Building height may not
exceed 30 ft. AABE when
20
ft.
See
note
4
See note
1
See notes 4, 5
and 176
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USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Maximum
Height of
Structure(s)
Required
Parking
Spaces
SPECIAL REGULATIONS AND
NOTES
Lot
Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
located within 100 ft. of a
residential zone.
4. If a
vehicle service station includes
a mini-mart in the front yard,
with a street-oriented
entrance, and gas pump fuel
pump island(s) are at the rear
and/or side(s) of the mini-
mart, then the minimum front
yard setback is the same as
the perimeter landscape
buffer required by
Chapter 19.125 FWRC.
5. Gas pump Fuel pump
islands, canopies, and covers
over fuel pump islands may
not be located closer than 20
ft. to any property line.
6. No more than two
vehicle service stations may
be located at the same
intersection.
7. A battery exchange station
shall provide a queuing lane
capable of accommodating at
least three vehicles.
87. No use or activity may be
conducted that involves the
release of toxins, noxious
gases, smoke, fumes, dust,
odors, or other discharge on
neighboring uses and natural
systems.
98. These uses shall cause no
inherent and recurring
generated noise or vibration
that is perceptible without
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USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Maximum
Height of
Structure(s)
Required
Parking
Spaces
SPECIAL REGULATIONS AND
NOTES
Lot
Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
instruments at any point along
a property line, except
transportation and delivery
operations typically and
customarily associated with
the use; and provided, that
such operations are not
audible from a residential
zone on a regular or recurring
basis.
109. Except for principal sales
lots, outdoor storage areas
shall be located to the rear
and/or side(s) of the
principally permitted
structure. Outdoor storage
yards for the sale or rental of
outdoor storage containers or
portable moving containers
may not be located between
the principal building and the
front property line and must
be fenced and screened in
accordance with
FWRC 19.125.170, and the
stored containers may not be
stacked.
(Continued on next page)
For other information about
parking and parking areas, see
Chapter 19.130 FWRC.
Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
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USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Maximum
Height of
Structure(s)
Required
Parking
Spaces
SPECIAL REGULATIONS AND
NOTES
Lot
Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
For details of what may
exceed this height limit, see
FWRC 19.110.050 et seq.
For details regarding required
yards, see
FWRC 19.125.160 et seq.
19.240.050 Vehicle, boat, equipment, and outdoor storage container sales, rental, service, repair – Self-
service storage – Tow and taxi lots. (Continued)
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Maximum
Height of
Structure(s)
Required
Parking
Spaces
SPECIAL REGULATIONS AND NOTES
Lot
Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
110. Mechanical repair, body
repair, and painting shall be
conducted completely within
enclosed building(s).
121. Self-service storage facilities
may include one accessory living
facility.
132. The subject property must be
designed so that truck parking,
loading, and maneuvering areas;
areas where noise generating
outdoor uses, storage, and
activities may occur; or vents and
similar features are located as far
as possible from any residential
zone, conforming residential use,
natural systems, and public rights-
of-way.
24 of 29
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Maximum
Height of
Structure(s)
Required
Parking
Spaces
SPECIAL REGULATIONS AND NOTES
Lot
Size
Required Yards
Front Side
(each) Rear ⇩ ⇨
143. No maximum lot coverage
applies. Instead, the buildable
area will be determined by other
site development regulations, i.e.,
required yards, landscaping,
surface water facilities, etc.
154. For regulations pertaining to
outdoor use, activity, and storage,
refer to FWRC 19.125.170.
165. For community design
guidelines that apply to the
project, see
Chapter 19.115 FWRC.
176. For landscaping
requirements that apply to the
project, see
Chapter 19.125 FWRC.
187. For sign requirements that
apply to the project, see
Chapter 19.140 FWRC.
198. For other provisions of this
title that may apply to the subject
property, see
Chapter 19.265 FWRC
For other information about
parking and parking areas, see
Chapter 19.130 FWRC.
For details of what may exceed
this height limit, see
FWRC 19.110.050 et seq.
For details regarding required
yards, see FWRC 19.125.160 et
seq.
Process I, II, III and IV are described in Chapter 19.55 FWRC,
Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively.
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(Ord. No. 12-735, § 4(Exh. A), 12-4-12; Ord. No. 12-724, § 9(Exh. A), 6-5-12; Ord. No. 08-585, § 3(Exh. A),
11-4-08; Ord. No. 07-559, § 3(Exh. A), 7-3-07. Code 2001 § 22-865.)
…
Chapter 19.295 Electric Vehicle Charging Infrastructure
19.295.010 Purpose.
The purpose of this chapter is to allow electric vehicle charging infrastructure to be established as an
accessory use to any non-single-family residential use and as a primary use in zones where it is
consistent with other nearby uses, while also allowing electric vehicle charging infrastructure to be
installed at single-family residences for the personal use of residents.
19.295.020 Electric vehicle parking.
(1) Electric vehicle parking spaces are reserved for electric vehicles to park while they are charging.
(2) Electric vehicles may be parked in any space designated for public parking, subject to the restrictions
that would apply to any other vehicle that would park in that space.
19.295.030 Electric vehicle charging infrastructure.
(1) Electric vehicle charging infrastructure as a primary use is allowed as set forth in the land use tables
in Chapters 19.195 through 19.240 FWRC.
(2) Electric vehicle charging infrastructure as an accessory use.
(a) Electric vehicle charging infrastructure is allowed as an accessory use within the parking area of
any non-single-family residential use subject to the standards of this section.
(b) If the installation of electric vehicle charging infrastructure as an accessory use requires review
under any provision of this title, the installation shall be reviewed as a part of that use process.
Otherwise, installation of electric vehicle infrastructure as an accessory use shall be reviewed as
a part of required building permits.
(3) Minimum parking requirements. An electric vehicle parking space may be included in the calculation
for minimum required parking spaces that are required pursuant to other provisions of the code.
(4) Location and design criteria. The provision of electric vehicle parking spaces will vary based on the
design of the parking lot(s) of the principal use. The following required and additional design criteria
are provided in recognition of various parking lot layout options:
(a) Each electric vehicle parking space shall be posted with signage indicating the space is only for
electric vehicle charging purposes.
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(b) Electric vehicle charging infrastructure shall include signage that discloses all charges, fees, and
costs associated with a charging session at the point of sale and prior to the initiation of a
charging session in accordance with RCW 19.94.560.
(c) Electric vehicle charging infrastructure equipment shall be maintained in all respects, including
the functioning of the charging equipment. A phone number or other contact information shall
be provided on the electric vehicle charging infrastructure equipment for reporting when the
equipment is not functioning or if other problems are encountered.
(d) Electric vehicle charging infrastructure shall include information on the electric vehicle charging
infrastructure, identifying voltage and amperage levels and any time of use, fees, or safety
information to the greatest extent feasible.
(e) Where electric vehicle charging infrastructure is provided adjacent to a pedestrian circulation
area, such as sidewalk or accessible route to the building entrance, it shall be located so as not
to interfere with accessibility requirements and will not disturb or replace site landscaping
required by Chapter 19.120 FWRC.
(f) Where electric vehicle charging infrastructure equipment is installed, adequate site lighting shall
exist, unless charging is for daytime purposes only.
19.295.040 Single-family residential.
Electric vehicle charging infrastructure may be an accessory use to a single-family dwelling unit subject
to the standards in this section.
(1) Electric vehicle charging infrastructure accessory to a single-family residential dwelling unit shall be
for the personal use of the residents living in the dwelling or any accessory dwelling unit.
(2) Electric vehicle charging infrastructure accessory to a single-family residential dwelling unit shall not
be used for commercial purposes except as follows:
(a) Vehicles used for a business that meets the home occupation standards listed in Chapter 19.270
FWRC.
(b) A commercial vehicle parked on site that meets the standards of FWRC 19.130.250 and that is
primarily operated by a resident of the subject property.
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MEMORANDUM
DATE: August 21, 2024
TO: Federal Way Planning Commission
FROM: Holly Bosak, Planning Manager
SUBJECT: Project Permits and Local Project Review Code Amendment – Briefing
OBJECTIVE
Provide an opportunity for Planning Commission to discuss and provide input on a proposed code
amendment that will increase the transparency of the project permit process and the timeline allotted for
city staff to make a final decision on project proposals, proposed for a public hearing in October.
BACKGROUND
The Washington State Legislature first brought SB 5290 forward in January of 2023, identifying that changes
in transparency of project review appeared to be needed at the local level to improve permitting timelines and
predictability of the review process.
Assessment and necessary updates to permitting fee schedule as well as the overall project permit review
process to incorporate consolidated review.
Assessment and necessary updates for timelines of local project permit review are required for all GMA-
planning jurisdictions. The legislature has outlined expected timelines for specific types of local project permit
reviews associated with RCW 36.70B.110, as outlined below:
•Projects that do not require public notice must have a final decision issued within 65 days.
•Projects that require public notice must have a final decision issued within 100 days.
•Projects that require both a notice followed by a public hearing must have a final decision issued
within 170 days.
New timelines will apply for associated projects, after January 1, 2025 and timelines associated begin with
the determination of completeness (RCW 36.70B.070).
The City of Federal Way Revised Code (FWRC) already addresses many of the Bills requirements and
therefore minimal code updates are necessary. The City already offers consolidated review and has assessed
permit review fees. In addition, the timeline currently codified within Chapter 19.15 FWRC refers to a 120-
days, referencing RCW 36.70B.080.
The proposal is brought before the Planning Commission is to revise and amend portions of the Federal Way
Revised Code, including Title 18 and Title 19 to ensure the code language and requirements for consolidation
of local project permit review as well as timelines and predictability align with the intent of SB 5290.
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
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Code amendments to include change to language within the following sections:
•Chapter 18.05 Subdivisions
•Chapter 18.10 Boundary Line Adjustments
•Chapter 18.15 Lot Line Eliminations
•Chapter 18.20 Binding Site Plans
•Chapter 19.15 Permits and Review Process
•Chapter 19.65 Process III – Project Review
•Chapter 19.70 Process IV – Hearing Examiner
•Chapter 19.256 Wireless Communication Facilities
This response is informed by MRSC and Washington State Department of Commerce guidance
regarding SB 5290.
The City’s current code language calls out a 120-day review timeline for some types of projects. The
proposed amendments would clarify a broader range of permit review types and categories as well as the
timeline for a final decision associated with each of those types.
Potential Amendments include:
1)Amend the current code to include a broader range of timelines for all applicable project permit review
types aligned with state recommendations.
2)Adjust current permit project categories and allow a 170-day review timeline as allowed under state law.
3)Other adjustment to timeline and permit types as aligns with state low
NEXT STEPS
1) Planning Commission public hearing proposed for October 2, 2024
2) Presented to LUTC on October 7, 2024
3) First reading to City Council in October or November, 2024
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