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01-17-2023 Council Packet - RegularCITY OF �. Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall - Council Chambers* January 17, 2023 - 6:30 p.m. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CEREMONIAL SWEARING -IN • Promotional Swearing -In of Lt. Jeffrey Mundell — Mayor Ferrell and Chief Hwang 4. MAYOR'S EMERGING ISSUES AND REPORT • Update on the Stevenson Motel — City Administrator Brian Davis • Update on Shopping Cart Ordinance — City Administrator Brian Davis • State of the City Address at the Performing Arts & Event Center — February 16; doors open at 5:30 p.m. • City Council Annual Retreat at Dumas Bay Centre — Saturday, January 21; doors open at 8:00 a.m. • Recent Events in the Community: Mayor's Address to the Chamber of Commerce (1/4); MLK Jr. Community Event and Food Drive (1/14) • Recognition of FUSION Cold Weather Shelter 5. PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. City Council Rules of Procedure prohibit any personal, impertinent, threatening or slanderous remarks during public comment. The Mayor may interrupt comments that continue too long or violate the rules of conduct. No speaker may convey or donate their time for speaking to another speaker. The Mayor has the authority to preserve order at all meetings of the Council, and to cause the removal of any person from the meeting for being disorderly. All individual comments are limited to 3 minutes each. 6. PRESENTATIONS a. Legislative Update — Steve McNey, Intergovernmental & Public Affairs Officer 7. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. 'Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Deputy Mayor & Regional Committees Report • Council President Report 8. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval, all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: January 3, 2023 Regular and Special Meeting Minutes b. Acceptance of Transportation Grants c. Valley Narcotics Enforcement Team (VNET)/ U.S. Department of Justice, Drug Enforcement Administration (DEA) High -Intensity Drug Trafficking Area (HIDTA) Task Force Agreements d. Lease Agreement between Bali Road, LLC and the City of Federal Way for the Downtown Police Substation e. Global Kitchen DBA Kav Catering - New Contract Caterino Services f. RESOLUTION: Authorizing the Allocation of Funds in Accordance with the 2022 South King Housing and Homelessness Partners (SKHHP) Housing Capital Fund 4 Parks & Recreation Commission 2023 Annual Work Plan h. Diversity Commission 2023 Annual Work Plan 9. COUNCIL BUSINESS a. Discussion on AWC Housing Solutions Workgroup Recommendations b. Confirmation of City Council Executive Assistant - Amy Glandon 10. ORDINANCES First Reading a. Council Bill #840/2022 Various Code Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO VARIOUS AMENDMENTS TO TITLES 18 (SUBDIVISIONS) AND 19 (ZONING AND DEVELOPMENT; AMENDING FWRC 18.10.030, 19.05.010, 19.70.060, 19.70.150, 19.75.060, 19.80.140, 19.110.010, 19.115.050, 19.115.090, 19.125.160, 19.130.020, 19.145.410, 19.145.440, 19.195.015, 19.200.020, 19.200.045, 19.200.100, 19.205.010, 19.205.040, 19.205.070, 19.205.080, 19.215.050, 19.215.070, 19.215.150, 19.220.050, 19.220.080, 19.220.100, 19.220.105, 19.225.055, 19.225.070, 19.225.075, 19.230.055, 19.230.060, 19.230.065, 19.240.085, 19.240.095 (Amending Ordinance Nos. 90-40, 90- 41, 90-43, 90-631, 92-133, 93-170, 95-245, 96-270, 96-271, 97-291, 99-333, 99-337, 00-375, 01-381, 01-382, 02-424, 02-426, 03-443, 04-468, 05-506, 06-515, 07-545, 07- 554, 07-559, 07-573, 08-585, 09-593, 09-604, 09-605, 09-594, 09-610, 09-631, 10- 651,10-669, 10-678, 11-681, 11-700, 12-713, 13-754, 14-760, 14-778, 15-797, 15-804, 17-834, 18-850, 18-852, 18-844, 20-898, 21-921 and 22-932.) The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. 'Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 Staff Report Public Comment — 3 minutes each b. Council Bill #841/Creation of a City Clerk Department AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE CREATION OF A CITY CLERK DEPARTMENT; REMOVING FWRC 2.11.030; AND ADDING NEW SECTION 2.19 TO TITLE 2. (Amending Ordinance Nos. 14-766 and 10-666). Staff Report Public Comment — 3 minutes each Second Reading/Enactment c. Council Bill #835/Ordinance: Establishing a Procurement Standard related to Compost Products used in Government -Funded Projects and Maintenance (per HB1799 Organics Management Law) AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO PROCUREMENT OF COMPOST PRODUCTS. d. Council Bill #836/Ordinance: Chapter 8.43 Establishing Weight and Load Regulations within the City AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO WEIGHT AND LOAD REGULATIONS; AMENDING FWRC 8.40.030 DESIGNATED VEHICLE ROUTES; AND ADDING A NEW CHAPTER 8.43 FWRC, WEIGHT AND LOAD REGULATIONS, INCLUDING SECTIONS 8.43.010,8.43.020, AND 8.43.030. (Amending Ordinance Nos. 00-365,91-103, and Resolution No. 09-539). e. Council Bill #837/Ordinance: Planning Commission Code Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE CITY PLANNING COMMISSION; AMENDING FWRC 2.90.020 AND REPEALING FWRC 2.90.030. (Amending Ordinance Nos. 90-43 and 96-272.) f. Council Bill #839/Ordinance: Creation of a Human Resources Department AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE CREATION OF A HUMAN RESOURCES DEPARTMENT; AMENDING FWRC 2.11.040; AND ADDING NEW SECTION 2.18 TO TITLE 2. (Amending Ordinance Nos. 14-766 and 10-666). 11. COUNCIL REPORTS 12. ADJOURNMENT The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalwaV.com. *Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 COUNCIL MEETING DATE: January 17, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES ITEM #: POLICY QUESTION: Should the City Council approve the draft minutes for the January 3, 2023 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Attachments: January 3, 2023 Regular Meeting Draft Minutes January 3, 2023 Special Meeting Draft Minutes Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date N/A CITY CLERK APPROVAL: ( I &) i Council maa initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # DRAFT CITY OF Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers January 3, 2023 — 6:30 p.m. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:35 p.m. City officials in attendance: Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, and Councilmember Jack Dovey. Councilmember Erica Norton and Councilmember Jack Walsh participated remotely via zoom. Mayor Ferrell excused Councilmember Hoang Tran. City staff in attendance: City Administrator Brian Davis, City Attorney Ryan Call, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. MAYOR'S KEY TO THE CITY — BOB ROEGNER Mayor Ferrell presented the Key to the City to Bob Roegner praising him for his dedication to local government, the community, and his passion for local politics. The Mayor highlighted Mr. Roegner's efforts over the last fifteen years and noted this recognition is on behalf of a grateful community. Chamber CEO Rebecca Martin, State Representative Kristine Reeves, Sound Publishing Publisher Rudi Alcott, and former Federal Way Mayor and Councilmember Mike Park all provided their praises and thanked him for his service and for the impact he has had on the community. At 6:51 p.m. Mayor Ferrell announced the Council would take a brief recess for a reception to honor Bob Roegner. The Mayor reconvened the meeting at 7:02 p.m. 4. MAYOR'S EMERGING ISSUES AND REPORT Mayor Ferrell announced the State of the City Address to be held at 6:00 p.m. Thursday, February 16 at the Performing Arts and Event Center and invited all to attend; doors open at 5:30 p.m. He reported the City Council Annual Retreat will be held at Dumas Bay Centre on Saturday, January 21 beginning at 8:00 a.m. The event is open to the public and will center on downtown Federal Way City Council Regular Minutes Page 1 of 8 January 3, 2023 DRAFT development discussions. The Martin Luther King Jr. Community Event and Food Drive will be January 14 at the Performing Arts & Event Center beginning at 11:00 a.m. The community is invited to attend and participate. He announced he will be addressing the Chamber of Commerce on January 4 at the Performing Arts and Event Center, and noted his office is working on details for an upcoming Sister City trip to Donghae, Korea and Hachinohe, Japan in 2023. Mayor Ferrell was pleased to introduce new employees: Economic Development Director Tanja Carter and Emergency Manager Kevin Pelley. 5. PUBLIC COMMENT Alex Milsten spoke regarding Portugal and what he believes is a potential solution to drug crime. Portugal's approach includes decriminalization of minor drug possession and voluntary treatment programs. Geoffrey Tancredi addressed subsidized housing in Federal Way and expressed a desire to see these King County housing programs offer better pathways to home ownership, such as rent -to -own opportunities. Susan Strong requested that an update on the new shopping cart regulations and enforcement. Mayor Ferrell asked City Administrator Brian Davis to present a report at the next Council meeting on the status Shopping Cart regulations and enforcement. 6. PRESENTATIONS a. Proclamation: Korean American Day in Washington Council President Kochmar and Deputy Mayor Honda read and presented the proclamation acknowledging January 13 as Korean American Day to former Mayor Mike Park. Mr. Park thanked the Mayor and Council for the proclamation and introduced individuals from the Federal Way Korean Community who are with him to accept the proclamation in honor of Korean American Day. 7. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Councilmember Walsh noted the next meeting will be January 10 in Council Chambers. Land Use/Transportation Committee (LUTC): Councilmember Dovey reported the January meeting was rescheduled due to the holiday and will be held next Monday, January 9 at 5:00 p.m. Finance, Economic Development, Regional Affairs Committee (FEDRAC): no report Federal Way City Council Regular Minutes Page 2 of 8 January 3, 2023 DRAFT Lodging Tax Advisory Committee (LTAC): Councilmember Assefa-Dawson noted the next meeting is Wednesday, January 14. She thanked City Administrator Brian Davis and Finance Director Steve Groom for assisting the Committee as new Economic Development Director was hired; she looks forward to working with Ms. Carter. Deputy Mayor & Regional Committees Report: Deputy Mayor Honda provided information on the Council Retreat which will be held on Saturday, January 21 beginning at 8:00 a.m. The retreat agenda includes discussion on Council Rules of Procedure and Downtown Development; the public is encouraged to attend. Council President Report: Council President Kochmar welcomed the new Emergency Manager and is excited for the Ms. Carter to work on the downtown vision. She invited everyone to the retreat and cautioned anyone who is ill to please stay home. 8. CONSENT AGENDA a. Minutes: December 6, 2022 Regular and Special Meeting b. S 288th St Road Diet — 85% Design Status Report (Phase 1 and 2) and Bid Authorization (Phase 1) c. SW Dash Point Rd & 47 Ave SW Compact Roundabout - Request for Additional Funds d. Pacific Highway Non -Motorized Corridor — 85% Design Report e. Citywide Pedestrian Safety Improvements - 85% Design Status Report and Authorization to Bid f. 2020-2021 Neighborhood Traffic Safety (NTS) Program - Project Acceptance g. Military Road S Preservation Project - 85% Design Status Report and Authorization to Bid h. 21st Ave S & S 320th Street Signalization and Pedestrian Improvements - 85% Design Report Demolition of Former Target Building — Authorization to Bid COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL ITEMS A THROUGH I ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER Dovey. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran excused Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmemberpovey yes Councilmember Norton yes 9. COUNCIL BUSINESS a. Confirmation of Community Development Director— Keith Niven City Administrator Brian Davis provided background and experience for the Mayor's appointment of Keith Niven as Community Development Director. Mayor Ferrell was pleased to offer this appointment with Mr. Niven's long history of experience in planning and economic development over the last 20-years. Federal Way City Council Regular Minutes Page 3 of 8 January 3, 2023 111IRA 29 Council noted their support of Mr. Niven and look forward to working with him in this new role. COUNCIL PRESIDENT KOCHMAR MOVED TO CONFIRM THE MAYOR'S APPOINTMENT OF KEITH NIVEN AS THE COMMUNITY DEVELOPMENT DIRECTOR; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes b. Arts Commission Appointment COUNCILMEMBER ASSEFA-DAWSON MOVED MEMBER OF THE ARTS COMMISSION WITH SECOND BY COUNCIL PRESIDENT KOCHMAR. Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes TO APPOINT KENNY BYRNE AS A VOTING A TERM TO EXPIRE DECEMBER 31, 2025; The motion passed unanimously 6-0 as follows: Council President Kochmar yes Councilmember Tran excused Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes c. Human Services Commission Appointments COUNCILMEMBER ASSEFA-DAWSON MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE HUMAN SERVICES COMMISSION: BETTY TAYLOR, KATHY SCANLON, AND VIVIAN ALEXANDER AS VOTING MEMBERS WITH TERMS TO EXPIRE JANUARY 31, 2026; AND ELIZABETH HUGHES AS AN ALTERNATE MEMBER WITH A TERM TO EXPIRE JANUARY 31, 2024; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously 6-0 as follows: Council President Kochmar yes Councilmember Tran excused Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes d. Senior Advisory Commission Appointments DEPUTY MAYOR HONDA MOVED TO APPOINTMENT DEBBIE HARVEY TO THE SENIOR ADVISORY COMMISSION WITH A TERM TO EXPIRE ON AUGUST 31, 2025; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes 10. ORDINANCES Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes First Reading a. Council Bill #835/Ordinance: Establishing a Procurement Standard related to Compost Products used in Government -Funded Protects and Maintenance (per HB1799 Organics Management Law) AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON Federal Way City Council Regular Minutes Page 4 of 8 January 3, 2023 DRAFT RELATING TO PROCUREMENT OF COMPOST PRODUCTS. Public Works Education and Outreach Supervisor Colleen Minion provided information on House Bill 1799 which passed in 2022. The proposed ordinance before Council addresses the regulations and requirements adopted by the state regarding efforts to reduce methane emissions by diverting organics from landfills. In addition to the new requirements, the city must also comply with reporting every two years. The Council thanked Ms. Minion for her presentation. No public comment was received. The City Clerk read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JANUARY 17, 2023 REGULAR COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes Council Bill #836/Ordinance: Chapter 8.43 Establishing Weight and Load Regulations within the City AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO WEIGHT AND LOAD REGULATIONS; AMENDING FWRC 8.40.030 DESIGNATED VEHICLE ROUTES; AND ADDING A NEW CHAPTER 8.43 FWRC, WEIGHT AND LOAD REGULATIONS, INCLUDING SECTIONS 8.43.010,8.43.020, AND 8.43.030. (Amending Ordinance Nos. 00-365,91-103, and Resolution No. 09-539). Public Works Development Services Manager Cole Elliott provided information on the proposed ordinance which establishes weight and load regulations in the city. He noted the city has experienced an increase in oversized and overweight loads traveling through the city in recent years. The Council thanked Mr. Elliott for the presentation and asked clarifying questions regarding the process and regulations. No public comments were received. The City Clerk read the ordinance title into the record. COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JANUARY 17, 2023 REGULAR COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes Federal Way City Council Regular Minutes January 3, 2023 Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes Page 5 of 8 DRAFT c. Council Bill #837/Ordinance: Planning Commission Code Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE CITY PLANNING COMMISSION; AMENDING FWRC 2.90.020 AND REPEALING FWRC 2.90.030. (Amending Ordinance Nos. 90-43 and 96-272.) Community Development Director Keith Niven provided a report on the proposed code amendment relating to the Planning Commission. The two substantial changes include allowing alternates to serve as a voting member in order to meet quorum, and to change the resident requirement from property owners to only residents. Council thanked Mr. Niven for the presentation and asked clarifying questions regarding changing the alternate role for the Commission and how the alternate would be selected to fill the role. City Attorney Ryan Call stated his office is currently working on a code amendment to more standardize the Commissions which would also include a similar change to alternate roles. Council continued to debate this issue and City Attorney Call stated the overall update to other Commissions would happen in early 2023. COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JANUARY 17, 2023 REGULAR COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY DEPUTY MAYOR HONDA. The motion passed unanimously 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes d. Council Bill #838/Ordinance: Iconic Sign Code Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO ICONIC SIGNS; AMENDING FWRC 19.05.190, AND ADDING A NEW SECTION FWRC 19.140.135 (Amending Ordinance Nos. 08-585, 09- 593, 09-605, 09-610, 12-713, 14-778, 15-797, 20-898, 21-921, 22-932) Community Development Director Keith Niven provided a report on the proposed code amendment relating to creating an iconic sign provision for the City Center area. He noted this proposal is in response to the city's Comprehensive Plan which includes goals to create an identifiable sense of a downtown or urban center with distinct and unique building types and special features. Mr. Niven provided the criteria that would be required prior to approval of an iconic sign which includes the business being regionally significant, the sign being appropriately scaled with the building, and meeting the goals and/or policies of the comprehensive plan. Council thanked Mr. Niven for the presentation and debated the merits of allowing signs outside of the current sign code, which was drastically reworked many years ago. Council expressed concerns with once again allowing pole signs, and the limited number of businesses that would meet twenty-year regionally significant criteria. It was suggested the iconic signs be redirected towards signs that would mark downtown public spaces or areas rather than businesses. Federal Way City Council Regular Minutes Page 6 of 8 January 3, 2023 DRAFT In addition to the discussion on the signs themselves, Council requested additional information on the approval process and suggested the process include public input. COUNCIL PRESIDENT KOCHMAR MOVED TO SEND THIS ORDINANCE BACK TO THE LAND USE/TRANSPORTATION COMMITTEE FOR FURTHER EVALUATION; DEPUTY MAYOR HONDA SECOND. Councilmember Dovey questioned if there was a timeline needed for this proposal. City Administrator Brian Davis responded and requested additional direction for staff to research, prior to future discussions. Mayor Ferrell asked to include Economic Development Director Tanja Carter in the discussion, as the iconic sign code is meant to be a playmaker for the downtown and create a destination and not just a pass -through community. The motion passed unanimously 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes e. Council Bill #839/Ordinance: Creation of a Human Resources Department AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE CREATION OF A HUMAN RESOURCES DEPARTMENT; AMENDING FWRC 2.11.040; AND ADDING NEW SECTION 2.18 TO TITLE 2. (Amending Ordinance Nos. 14-766 and 10-666). City Administrator Brian Davis noted this ordinance is to create a Human Resources Department which is responsible for many important functions including recruitment and hiring, labor relations, insurance and retirement management, and employee training and development. He noted the intention is for the Council to authorize the creation of the department at which time the current Manager Vanessa Audett would be appointed as the Human Resource Director. Mayor Ferrell clarified there is no budget impact as Ms. Audett's salary currently reflects a Director level. Council requested other divisions be evaluated and referenced the previous transition of the IT Department last year. No public comment was received. The City Clerk read the ordinance title into the record. COUNCIL PRESIDENT KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE JANUARY 17, 2023 REGULAR COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton yes Federal Way City Council Regular Minutes January 3, 2023 Councilmember Tran excused Councilmember Walsh yes Councilmember Dovey yes Page 7 of 8 DRAFT 11. COUNCIL REPORTS Councilmember Assefa-Dawson is looking forward to a great 2023 for the council, the city, and the community. Councilmember Norton wished everyone a happy new year and reported she will be back in -person at the next Council meeting. Councilmember Walsh wished everyone a happy new year. Councilmember Dovey wished a happy new year and is glad to see the changes in staff and looks forward to working with them. Deputy Mayor Honda thanked Public Works, Police and Fire Department staff who worked to keep the roads clear and safe during the recent unprecedented and dangerous ice storm. She provided information regarding King County being one of fifteen counties selected nationwide for a Health and Wellness Study, which will shape national policies and programs. She reported the Board of Health will hold its first meeting of the year in two weeks with the new expanded members from the community. She extended a Happy New Year from Councilmember Tran. Council President Kochmar thanked all those who donated over the holidays and acknowledged the assistance the city provided to the Multi -Service Center. She thanked Council Executive Assistant Amy Glandon for coordinating the staff donations to the senior living facility. She thanked the police officers for the difficult issues they deal with, especially over this last holiday. She thanked her colleagues on the Council for working together and is looking forward to a new year. Mayor Ferrell shared a story about his experience with the ice storm. Deputy Mayor Honda thanked FUSION and Community Services Manager Sarah Bridgeford for their assistance in housing the homeless; Council President Kochmar thanked the Multi -Service Center for their assistance as well. 12. EXECUTIVE SESSION GelleGtiye Bargaining pursuant to RGW 42 30 14ni4vh) _ canceled- no longer needed 13. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 8:46 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 8 of 8 January 3, 2023 CITY of DRAFT Federal Way CITY COUNCIL SPECIAL MEETING MINUTES City Hall — Council Chambers January 3, 2023 — 5:00 p.m. 1. CALL MEETING TO ORDER Council President Kochmar called the meeting to order at 5:00 p.m. City officials in attendance: Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, and Councilmember Jack Dovey. Councilmember Erica Norton and Councilmember Jack Walsh participated remotely via zoom. Council President Kochmar excused Councilmember Hoang Tran. City staff in attendance: City Attorney Ryan Call, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Council President Kochmar led the flag salute. 3. COMMISSION INTERVIEWS The City council interviewed two applicants for the Senior Advisory Commission, one applicant for the Arts Commission, and four applicants for the Human Services Commission. 4. EXECUTIVE SESSION At 5:45 p.m. Council President Kochmar announced the Council was recessing to executive session. City Attorney Ryan Call announced for the purpose of executive session included discussing Collective Bargaining Pursuant to RCW 42.30.140(4)(b) and to Evaluate Qualifications of an Applicant for Public Employment pursuant to RCW 42.30.110(1)(g) for approximately twenty (20) minutes. 5. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 6:11 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 1 of 1 January 3, 2023 COUNCIL MEETING DATE: January 17, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO ACCEPT TRANSPORTATION GRANT POLICY QUESTION: Should City Council authorize acceptance of transportation grant funding? COMMITTEE: Land Use and Transportation MEETING DATE: January 9, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E., Cin Traffic Engineer DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Approve acceptance of the transportation grant award. 2. Do not approved acceptance of the grant and provide direction to staff. MAYOR'S REC:OM1I;yIENgA;QON: Option 1. MAYOR APPROVAL:"I.i.i.1VIDat.4 IRECTORAPPROVAL: une I IntttaUDat I mtiaMata t&73 COMMITTEE RECOMMENDATION: I move to forward the proposed acceptance of the transportation grant to the January 17, 2023 consent agenda for approval. rr i Yell V 1 a ZOoI-rl A 00VI Ve,(-2coryl 'Jack Davey. Committee Chair JacWWalsh, o ee Aember Hoan_... ran. Committee Member PROPOSED COUNCIL MOTION: "I move COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED- 4/2019 of the proposed acceptance of the transportation grant. " COUNCIL BILL # First reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 9, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Rick Perez, P.E., City Traffic Engineer SUBJECT: Acceptance of Transportation Grant Financial Impacts: The cost to the City for Citywide RRFB Upgrades was included within the approved budget under the Public Works CIP Project 36235. In accordance with the approved budget, this item is funded by a grant from the Transportation Improvement Board's new Active Transportation Program in the amount of $353,000 and $153,000 in fuel tax revenue. Upon completion of the Citywide RRFB Upgrades, future costs will be $1,000 per year due to ongoing costs associated with operations and maintenance. Background Information: As part of the City's ongoing program for pedestrian safety improvements, staff identified two locations that would be most viable under the Transportation Improvement Board's new Active Transportation Program, consistent with the City'sl6cal Safety Plan and the Council -adopted prioritization criteria for crosswalk improvements using Rectangular Rapid Flashing Beacons. The two sites selected are 1 st Way S north of S 340th Street, and Weyerhaeuser Way S south of S 344th Way. City Council authorized submittal of the grant application on July 19, 2022. The Transportation Improvement Board has awarded this project $353,000. If accepted, design is proposed to be completed in 2024 and construction to occur in 2025. A summary of the grant funding is as follows: Project (Funding Phase) Estimated Grant Fund Required City Years of Grant Project Cost Amount Match Eg enditure Citywide RRFB Upgrades (Design, Construction) Active Transportation (State) 1 $503,000 1 $353,000 1 $153,000 I 2024-2025 Rev 6/2019 CHAPTER THREE TRANSPORTATION 3.0 Introduction 1 3.1 Policy Background 2 State Policies 2 Regional Policies 2 3.2 The Transportation Concept 3 How Do People Travel? 5 3.3 Transportation Vision and Goals 7 3.4 Existing Conditions 15 Street and Highway System 15 Non -Motorized 27 Transit 31 Freight and Goods 36 Transportation System Management (TSM) 37 3.5 Future Transportation Vision 41 Introduction to the Layered Network 42 Future Travel .42 Transportation Level of Service 44 Project Prioritization 44 Modal Networks 46 Regional Growth Center Mode Share Goal 50 High -Occupancy Vehicle (HOV) 50 Non -Motorized 50 Transit 57 Freight and Goods 59 Transportation System Management 61 3.6 Near -Term and Long -Terns Projects 3.7 Financing and hnplemen Financing Estimates of Revenue 63 70 7170 7372 Future Revenues for Transportation Capital Projects 7574 Transit Funding 7675 MAPS MapIII-1, Overview Map...................................................................................4 Map III-2, Travel Patterns from Residential Areas in the Federal Way PlanningArea.................................................................................6 Map III-3, Functional Classification of Existing and Planned Streets and Highways......................................................................................17 Map III-4, Cross Section Application by Street...........................................19 Map III-5, WSDOT Access Management Classification on State Highways......................................................................................21 Map III-6, City of Federal Way Management Access Classifications ...... 22 Map III-7, Existing and Planned Traffic Signals.........................................24 Map III-8, 2014 Traffic Volumes.....................................................................25 Map III-9, 2014 Weekday PM Peak Congested Streets and Intersections.................................................................................28 Map III-10, Existing Bicycle Facilities............................................................30 Map III-11, Existing Pedestrian Facilities.....................................................32 Map III-12, Through Truck Route Plan.........................................................38 Map III-13, 2040 Weekday PM Peak Congested Streets and Intersections.................................................................................49 Map III-14, Walking and Bicyling Priority Areas........................................53 Map III-15, Planned Pedestrian Facilities.....................................................55 Map III-16, Planned Bicycle Facilities...........................................................56 Map III-17, Transit Priority Corridors...........................................................58 Map III-18, 2016-2021 Transportation Improvement Plan .........................65 Map III-19, 2016-2040 Capital Improvement Plan.......................................71 Appendix III -A. Street Design Guidelines Appendix III-B. Transportation System Management Summaries Appendix III-C. Concurrency Management System Appendix III-D. ITS Master Plan ATC Advanced Traffic Controller ADA Americans with Disabilities Act BPA Bonneville Power Administration CIP Capital Improvement Program CMS Changeable Message Signs CCTV Closed Circuit Television Cameras CTR Commute Trip Reduction , DART Dial -A -Ride Transit EMS Extinguishable Message Signs FHWA Federal Highway Administration FWCP Federal Way Comprehensive Plan GMA Growth Management Act HOV High -Occupancy Vehicles HAR Highway Advisory Radio METRO King County Metro Transit LOS Level of Service MMLOS Multi -Modal Level of Service PSRC Puget Sound Regional Council RIMS Ramp Metering Systems RCW Revised Code of Washington RWIS Roadway Weather Information Systems SOV Single -Occupant Vehicle SEPA State Environmental Protection Act SR State Route TMS Traffic Monitoring Station TDM Transportation Demand Management TIP Transportation Improvement Program TSM Transportation Systems Management VMT Vehicle Miles Travelled v/c Vehicle -to -Capacity WAC Washington Administrative Code WSDOT Washington State Department of Transportation FWCP - Chapter Three, Transportation The transportation chapter of the Federal Way Comprehensive Plan (FWCP) establishes a framework for providing a future transportation system (facilities and services) that supports anticipated land use described in Chapter 2. This chapter focuses on actions and investments needed to create and manage the transportation infrastructure and services to accommodate future growth assumptions. The City of Federal Way continues to enhance the vibrancy of its community for living, working, and playing. The new public facilities, trails, and roadway investments contribute toward a vibrant downtown that the City will continue to enhance. This transportation chapter will guide efforts to enhance mobility and safety for all modes of travel in Federal Way through 2040. The process of providing a transportation system involves numerous agencies at the local, state, and national levels. The cycle of providing a system involves planning, change approval, funding, implementing, operating, maintenance, monitoring, and administering the elements of the system. Also, some of the transportation system is provided by other agencies, such as King County Metro Transit (METRO), Sound Transit, Pierce Transit, and the Washington State Department of Transportation (WSDOT). Where possible, the City partners with these agencies to improve mobility and safety. Welcome to City of Federal Way Sign at South 320rh Street/ 1-5 Interchange (off -ramp) looking east Revised 2015 III-1 FWCP - Chapter Three, Transportation State and county transportation policies provide a statutory framework for the development of City land use policies. It is important to consider state and county level policies when developing the transportation element because they can help guide the development of transportation supportive policy and investment. State Policies The Growth Management Act (GMA) states that, "...a lack of common goals expressing the public's interest in conservation and the wise use of our lands pose a threat to the environment, sustainable economic development, and the health, safety, and high quality of life enjoyed by residents of this state" (RCW 36.70A.010). The GMA provides a framework for content and adoption of local comprehensive plans. The GMA provides 13 goals to be, "...used exclusively for the purpose of guiding development of comprehensive plans and development regulations." A number of the GMA goals pertain to transportation. They are as follows: • Transportation — Encourage efficient multi -modal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. • Open Space and Recreation — Retain open space, enhance recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks and recreational facilities. • Environment — Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. • Public Facilities and Services — Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards. Regional Policies The Puget Sound Regional Council's (PSRC) VISION 2040 and the 2012 King County Countywide Policies, both required by the GMA, provide a regional framework to achieve the goals of the GMA. VISION 2040 is the long-range growth management, economic, and transportation strategy for the central Puget Sound region encompassing King, Kitsap, Pierce, and Snohomish counties adopted by the PSRC in 2008. VISION 2040's Transportation Strategy provides a framework for long-range transportation planning by emphasizing transportation investments that offer greater mobility options, alternatives to driving alone, and lower transportation -related energy consumption. Revised 2015 I11-2 FWCP - Chapter Three, Transportation The 2012 King County Countywide Policies address changes to the GMA since its initial adoption in 1990 and reflect the regional direction established in VISION 2040. The countywide polices provide a framework for both King County and its respective cities, such as Federal Way. Adherence to these countywide policies ensures that city plans are consistent with one another. These policies address issues such as the designation of urban growth areas, land use, affordable housing, provision of urban services for future development, transportation, and contiguous and orderly development. In addition, the King County Countywide Policies call for minimizing air pollution and greenhouse gas emissions through supporting mass transit, encouraging non -motorized modes of travel, and reducing trip lengths. Policies contained in this comprehensive plan have been prepared to implement VISION 2040 and the King County Countywide Policies as they apply to the City. This chapter must be consistent with both VISION 2040 and the King County Countywide Policies. By implementing the goals in Section 3.3, the Transportation Chapter is consistent with VISION 2040 and the 2012 King County Countywide Policies direction. �3.2 THE TRANSPORTATION CONCEPT Federal Way is primarily situated between Puget Sound and Interstate-5; see Map III-1 (Overview Map). State Route 99 (SR 99), a Highway of Statewide Significance, parallels 1-5 through the eastern part of the City. The connections of SR 18, a major east -west corridor and Highway of Statewide Significance, with SR 99, SR 161, and I-5 are closely spaced within the City. These routes experience traffic congestion regularly. Traffic incidents occurring along these routes greatly impact transportation conditions for people traveling within the City and connecting between Tacoma, Des Moines, Seattle, and communities to the east. In this regional context, the City coordinates its transportation planning with a variety of jurisdictions, including the State of Washington, Puget Sound Regional Council, King County, and neighboring communities. The City of Federal Way's existing transportation network accommodates many modes of travel, including walking, bicycling, public transit, and driving. In Federal Way, the predominant mode of travel is the private automobile, which will continue to play a principal role in the City's transportation. However, shorter trip lengths are becoming more common and the total miles people are traveling in vehicles is declining. These two factors affect how people choose to travel, such'as by walking, by bicycling, by transit, or by vehicle. To achieve City and regional goals, emphasis will be placed on providing integrated and balanced mobility opportunities for all modes. The transportation concept is intended to facilitate the.following: Revised 2015 III-3 FWCP - Chapter Three, Transportation city of Map III -1 Federal Way Overview Map Comprehensive Plan W� "`" OL.&.!dVw.M� Ekes Kent Moines J kq 5=Md C� D � ' s� s M Federal � Ra 'Nay. � S 3"o st m 4? SW 3yyh M rap _ ss sI PAA. \ _t. n 'fY Ault FFdEIBI S z 3zah st n n !ISW C-A $33WD 5t m � } < 4' o < G Tacoma� p A 4 �ql MYN r' Sw S5m & q PAA Legend q O City Lirnits Potential Annexation Axea r Streets A berial � Collector � Freeway % Milton M Local Edgewood Transportation Bernent CITY 01 z Federal Way M l?>tis map is intended �r use Scow as a graphical representation a The City of Federal Way makes :4aewbr1A4 Updr.tT. —b.0.ulgrP.ri0' —d ®Mks no warranty as to it-. aoeilraGy- Revised 2015 III-4 FWCP - Chapter Three, Transportation • Promotion of high -occupancy vehicles (HOV) use such as trains, buses, carpools, and vanpools; • Incorporation of high -capacity transit such as bus rapid transit, light -rail, and commuter rail; • Expanded bicycle and pedestrian facilities; • Maximizing existing infrastructure through transportation system management strategies. How Do People Travel? Travel patterns in the Federal Way planning area are shown on Map III-2 (Travel Patterns from Residential Areas in the Federal Way Planning Area) . Travel patterns generally follow the hierarchy of roadways; people use neighborhood roads to connect to major collector and arterials. The regional facilities of I-5, SR 99, SR 18, SR 161, and Military Road are the predominant facilities used between Federal Way and neighboring cities. Travel to work in Federal Way is dominated by the single -occupant vehicle (SOV), which accounts for roughly 75 percent of work trips within the City, according to the American Community Survey. About ten percent of work trips are made by carpoolers. Transit has seen a significant increase in commute trips since the 1990s, doubling to about seven percent of work trips. Biking and walking modes account for approximately three percent of work trips, while the remaining five percent of work trips is comprised of telecommuters. Wynstone neighborhood at SW Campus Drive and 12`" Avenue SW Intersection Revised 2015 III-5 FWCP - Chapter Three, Transportation Map III - 2 wwalftNA2015 eft d Fed Yrl city Of Travel Patterns from Residential Areas 223" .s Federal Way �fM� . Comprehensive Plan in the Federal Way Planning Area Legend O City Limits Potential Annexation Area W Traffic from Residential Areas Des � [ Kent .t_.:L•��. 111. n—_ J Aqpr - ^, � • flot L� E�1� rQ +IN wd Iirl�ftlp��1'�i at �F'= � ° �• 1�•� "��;Fw�'=fir' � � � }- ,�•-,� IS y� II t 11��rrn �� J �r�� i� t� �� iF� f� L �' •r. fi,.70 a fr 111i90r1a a. ►010, Pacific '� v MIItOn �r Edgew6W Fife Transportation FJernent CITY 01 Federal Way This map is;ntereded for use 14 as a graphical representation. a as r The City of Fedend Way makes ,+ W Q,� :r. .,+.rrir-�• ter. n� Niles rro sty as to its accuracy. Revised 2015 FWCP — Chapter Three, Transportation 13.3 TRANSPORTATION VISION AND GOALS It is proposed that the City adopt the following goals and policies with respect to transportation facility improvements that allow it to maintain options into the future, especially with respect to transit enhancements. This may result in a conservative approach to highway improvements that might slow the rate of progress in the area of non -drive alone mode use. Goal 1 TG1 Maintain mobility through a safe, balanced, and integrated transportation system. Policies TP1.1 Reduce reliance on drive alone trips by prioritizing and implementing supportive local -level transit, high occupancy vehicle (HOV), and non - motorized improvements. TP1.2 Develop a transportation system that achieves the following level of service (LOS) metrics: o Signalized Intersection outside of City Center will experience a 1.2 vehicle -to -capacity (v/c) ratio or lower o Unsignalized Intersection outside of City Center will experience a 1.0 vehicle -to -capacity (v/c) ratio or lower o The City Center area will experience an average l .l vehicle -to -capacity (v/c) ratio or less. o Facility completeness as described in the following pedestrian, bicycling, and transit priority areas level of service tables. Pedestrian Priority Area Level of Service Pedestrian facility as indicated in the Street Design Guidelines 1 I Provides a lower -level facility than recommended in the Street Design Guidelines No pedestrian facility provided Bicycle Priority Area Level of Service Bicycle facility as indicted in Street Design Guidelines Provides a lower -level facility than recommended in the Street Design Guidelines _ I No bicycle facility provided I Revised 2015 III-7 FWCP — Chapter Three, Transportation Transit Priority Corridor Level of Service aos) • More than 80% of transit stops meet amenity minimum Sidewalks and pedestrian crossing All day frequent service; adequate parking at park -and - opportunities serving stops provisions rides and stations More than 60% of transit stops Sidewalks and pedestrian crossing Peak period service; meet amenity minimum opportunities serving some stops insufficient parking at park - provisions and -rides and stations Less than 60% of transit stops General lack of sidewalks and • meet amenity minimum pedestrian crossing opportunities N/A provisions The street Design Guidelines are provided in Appendix III -A. "Amenities include bus stop shelter, bench, flag post, and/or concrete waiting area; these amenities are determined based on the number of people using a transit stop as defined by a transit agency. +Consider the adequacy of parking provided at park -and -rides and transit stations' TP1.3 Identify the improvements and strategies needed to fully implement the City's Layered Network and meet the level -of -service requirements for transportation. TP1A Allow improvements to vehicle throughput only where they enhance traffic and pedestrian safety, improve high capacity transit and HOV facilities, or reduce air pollution. TP1.5 Enhance mobility using the existing footprint of the roadway and technological advancements. When widening roadways, impacts to non -motorized users and transit vehicles and passengers should be minimized. TP1.6 Employ traffic calming measures in neighborhoods through context sensitive design where traffic volumes and speeds consistently exceed reasonable levels and as set forth in the adopted Neighborhood Traffic Safety Program. TP1.7 Improve safety on residential streets by: o Reducing street widths while maintaining on -street parking. o Increasing separation between sidewalks and streets. o Reducing design speeds to discourage speeding. o Limiting the length of straight streets to discourage speeding. o Other actions approved by Public Works. TP1.8 Use Access Management improvements to reduce crash rates and extend capacity of major arterials. TP1.9 Public Works will develop incident response timing plans for major arterials. TP1.10 Coordinate with transit agencies to provide convenient non -motorized access to transit facilities. Revised 2015 III-8 FWCP - Chapter Three, Transportation TP1.11 Develop code requirements and a designated truck route system that accommodates the needs of the private sector and residents, and provides a « balance between movement needs and quality of life. TP1.12 Discourage the use of road facilities by vehicles carrying hazardous materials and those with weight, size, or other characteristics that would be injurious to people and property in the City. TP1.13 Identify transportation programs and strategies for security and emergency responses. TP1.14 Develop and maintain a Layered Network that provides connectivity and recognizes that not all streets provide the same quality of travel experience. Classify streets as Freeway, Principal Arterial, Minor Arterial, Principal Collector, Minor Collector, or Local Street. Ensure that the Layered Network continues to provide for all varieties of street uses including: regional mobility and cross-town trips; commuting; shopping and recreational travel; property and business access; and parking, regardless of mode. TP1.15 Continue to enhance the City's Layered Network by using the following methods: o Require dedication of rights -of -way as a condition for development when the need for such rights -of -way is linked to the development or where shown on the Future Roadway Network; o Request donations of rights -of -way to the public; o Purchase rights -of -way in accordance with state laws and procedures; and o Acquire development rights and easements from property owners. Goal 2 TG2 Be fiscally and environmentally sustainable. Policies TP2.1 Establish a funding program that prioritizes the most critical non -motorized improvements first. TP2.2 Develop a program to create portions of the non -motorized system through public -private partnerships. TP2.3 Prioritize transportation projects considering concurrency, safety, multimodal enhancements, environmental impacts, and cost effectiveness. Revised 2015 III-9 FWCP - Chapter Three, Transportation TP2.4 Assure cost-effective maintenance of transportation facilities under the City's jurisdiction, including non -motorized facilities. TP2.5 Leverage state and federal funds for transportation improvements. TP2.6 The maintenance and preservation of existing travel infrastructure shall take precedence over major street improvement projects that expand system capacity. TP2.7 Strategically use public and private investment to complement the multi -modal vision of the plan, including "matching" improvements to supplement the efforts of other agencies to provide HOV and transit facilities. TP2.8 Capacity enhancements will be constructed where lower cost improvements cannot correct deficiencies; these capacity enhancements will be developed to be as competitive as possible for obtaining grants. TP2.9 Develop clean transportation programs and facilities, including actions to reduce pollution and greenhouse gas emissions from transportation. TP2.10 Identify stable and predictable funding sources for maintaining and preserving existing transportation facilities and services. Goal 3 TG3 Enhance community health, livability, and transportation by providing a connected system of pedestrian, bicycle, and transit ways that are integrated into a coordinated regional network. Policies TP3.1 Through subarea planning, with the cooperation of transit service providers, work to make transit part of each neighborhood through appropriate design, service types, and public involvement. This system should provide convenient connections from city neighborhood activity centers to the regional transportation system. TP3.2 Prepare, promote, and provide for an enhanced, high -capacity, regional transit system, maintaining area residents' mobility and travel options. The regional transit system should assist in attaining air quality standards. TP3.3 Acquire or preserve rights -of -way for high -capacity transit whenever possible, such as development applications, in advance of their need. Make accommodations for any improvements, whether public or private, to provide for future high -capacity transit needs without major redevelopment. Revised 2015 III-10 FWCP - Chapter Three, Transportation TP3.4 Foster phased improvements that expand transit services in time to meet the demand for these services. TP3.5 Work with transit agencies to ensure amenities such as shelters, benches, bicycle racks, lighting, and information kiosks are incorporated in the design and improvement of appropriate transit facilities. TP3.6 Support transit commuter options (e.g., subscription buses, special commuter services, local shuttles). TP3.7 Promote extension of fixed guideway facilities to the regional airport as an effective means of resolving congestion problems that affect City residents and businesses. TP3.8 Encourage non -motorized improvements that minimize the need for residents to use motorized modes by extending the existing non -motorized system and providing: Access to activity centers and schools; Linkage to transit, park & ride lots, and school bus networks; Completion of planned pedestrian/jogging or bicycle trails; Designating a network of streets that can safely and efficiently accommodate bicycles; and 5. Extend sidewalks to all streets. TP3.9 Facilitate a safe school walking routes program, and, where possible, make capital budget decisions that support such a system. TP3.10 Provide a one -mile grid of bicycle facilities connecting major activity centers, recreational facilities, and schools. TP3.11 Incorporate pedestrian and bicycle features as design elements in the City Center as reflected in the FWCP Vision and City Center Street Design Guidelines. TP3.12 Include sufficient area in rights -of -way for bike lanes, sidewalks, and landscaped medians to provide separation from motorized traffic. Use landscaped medians to separate opposing traffic when safety and aesthetic purposes dictate the need. TP3.13 Acquire access paths between existing developments, cut -de -sacs, public facilities, business areas, and transit followed by trail construction to improve Revised 2015 III-11 FWCP - Chapter Three, Transportation non -motorized circulation. Require the same for all new developments or redevelopments. TP3.14 Requiring developers to mitigate the impact of the development on the City's transportation system by constructing bike lanes, trails, and sidewalks where they would interface with the existing system to the extent allowed by law. TP3.15 Develop access management standards to minimize the number of curb cuts on arterials to improve pedestrian and vehicle safety. TP3.16 Emphasize the enforcement of laws that reduce pedestrian, cyclist, and vehicle conflict. TP3.17 Coordinate development of the non -motorized system with surrounding jurisdictions and regional system extensions. TP3.18 Incorporate environmental factors into transportation decision -making, including attention to human health and safety. Goal 4 TG4 Support the City's land use vision and plan. Policies TP4.1 Integrate land use and transportation plan decisions to support the land use vision and plan. TP4.2 Enhance traffic circulation and access with closer spacing of through streets, where feasible, and limiting the area to be served by a single access point commensurate with planned density. TP4.3 Determine street classifications by balancing travel needs with changing right- of-way uses and neighborhood character. TP4.4 Protect existing and acquire future right-of-way consistent with functional classification cross-section (transit, rail, bike, and pedestrian) needs. TP4.5 Require developments to dedicate right-of-way as needed for development commensurate with the impacts of the development. At a minimum, setback limits shall be used to assure that buildings are not placed within the right-of- way requirements for planned transportation facilities. Right-of-way dedication shall be commensurate with a development's impact to the existing and planned transportation system. Revised 2015 III-12 FWCP - Chapter Three, Transportation TP4.6 Design arterials to fit with the planned character of areas (context sensitive design) they pass through. TP4.7 Enhance the viability of regional and local transit service by establishing design standards for streets that move transit, pedestrian, and cyclists in the City Center. TP4.8 Monitor growth in population and employment in relation to the land use and growth assumptions of the Transportation Chapter. Reassess the Land Use and Transportation Chapters as needed to ensure that planned improvements will address the potential impacts of growth. Goal 5 TG5 Develop and implement transportation systems management strategies and programs that contribute to the overall effectiveness of the multimodal transportation system. Policies TP5.1 Reduce auto dependency, especially drive -alone trips, by employing and promoting the application of programs enhance mobility and assist in achievement of the land use vision. TP5.2 Use transportation demand management to help achieve an appropriate arterial level of service that balances the City's goals for residents, consumers, employers, and employees. TP5.3 Support transportation demand management programs that can be shown to be cost-effective in achieving plan goals. Allow residents and employers discretion to choose the Transportation Demand Management (TDM) methods they wish to employ. TP5.4 Encourage employers to institute complementing Transportation System Management (TSM) actions to those undertaken by the City. TP5.5 Support the achievement of City and regional mode split goals through assisting all Commute Trip Reduction (CTR) affected and voluntary employers in the Federal Way planning area to achieve the CTR Act travel reduction goals and target. TP5.6 Develop coordinated TDM strategies with regional representatives and other adjacent communities. Revised 2015 III-13 FWCP - Chapter Three, Transportation TP5.7 Incentivize public/private programs that stimulate transit, car, and van pool use. TP5.8 Encourage the provision of a robust transportation alternative rich environment so that all members of the community, including those with transportation disadvantages, have viable travel options or alternatives. TP5.9 Prioritize development of HOV and transit priority lanes, and prioritizing transit and HOV movements at traffic signals. TP5.10 Continue to implement traffic signal coordination projects as the primary component of a TSM program. As funds permit, monitoring of traffic operations will be carried out to assure efficient timing of traffic signals. TP5.11 Public Works will maintain a mechanism for public comments and requests related to traffic monitoring and other areas for proposed transportation enhancements. TP5.12 Develop a regular data collection and monitoring program. Goal 6 TG6 Be an active partner by coordinating with a broad range of groups to help meet Federal Way's transportation goals. Policies TP6.1 Implement federal, state, and countywide planning policies. TP6.2 Coordinate transportation improvement programs with appropriate state, regional, and local agencies. TP6.3 Public Works shall coordinate with neighboring jurisdictions to develop a fair and consistent means of addressing the impacts of growth and development between jurisdictions without undue administrative burdens. TP6.4 The City will continue to cooperate with regional and local transit providers to develop facilities that make transit a more attractive option. TP6.5 Work with the transit agencies, WSDOT, King County, and other partners, in applying for funding for HOV improvements that complement transit and non - transit HOV facilities and park & rides within Federal Way. Revised 2015 III-14 FWCP - Chapter Three, Transportation TP6.6 Coordinate with other agencies and stakeholders to pursue funding for pedestrian and bicycle amenities. TP6.7 Support regional transportation projects that are appropriately designed and will preserve the movement of people and goods on I-5 and state routes. TP6.8 Involve major generators of area freight and goods movement in discussions to identify their needs and priorities as part of improvement programming; including access to regional marine facilities. TP6.9 Coordinate with local business organizations, and provide feedback to local business organizations on international and regional transportation issues and on transport needs and opportunities related to all modes of transportation. This section provides a summary of the existing transportation conditions in Federal Way. These existing conditions provide a base to create the future transportation vision for the City. Street and Highway System Federal Way is served by a network of publicly maintained streets and highways connecting local communities and urban centers in the Puget Sound region, as shown in Map III-1 (Overview Map). There are two major freeways, which are Highways of Statewide Significance, in Federal Way: • Interstate 5 (I-5) is five lanes in each direction, with a posted speed limit of 60 mph. This freeway serves as the main north/south freeway for regional travel in western Washington. ■ State Route 18 (SR l 8) is two lanes in each direction, with a posted speed limit of 60 mph. This freeway acts as an east/west alternative to I-90, connecting to I-90 east of Issaquah and serving the communities of Auburn, eastern Kent, Covington, and Maple Valley. Other primary roadways serve major activity centers within Federal Way, including commercial activities in the South 320`' Street corridor between Pacific Highway South (SR 99) and I-5 (the City Center), commercial developments along Pacific Highway South at South 348th Street and Enchanted Parkway South, and several smaller commercial centers located within various residential areas. The roadway system also serves concentrations of office uses located within the City Center, West Campus, and the former Weyerhaeuser Headquarters/East Campus area. The roadway system within Revised 2015 III-15 FWCP - Chapter Three, Transportation the City connects to the surrounding regional transportation network, which provides access to other major activity centers including: Seattle, SeaTac Airport, Tacoma, the Port of Tacoma, Kent, and Auburn. Functional Classification of Streets Public streets are classified according to their functions related to mobility and land access. These functional classifications help facilitate planning for access and circulation, standardization of road designs, and provision of a hierarchy for roadway funding. The types of functional classifications established within Federal Way include (also see Map III-3 [Functional Classification of Existing and Planned Streets and Highways] and Table III-1 [Characteristics of Functional Classification of Streets]): • Freeway: A multi -lane, high speed, high capacity roadway intended exclusively for motorized traffic with all access controlled by interchanges and road crossings separated by bridges. • Principal Arterial: A roadway connecting major community centers and facilities, often constructed with partial limitations on access and minimum direct access to abutting land uses. • Minor Arterial: A roadway connecting centers and facilities within the community and serving some through traffic while providing greater access to abutting properties. • Collector: A roadway connecting two or more neighborhoods or commercial areas, while also providing a high degree of property access within a localized area. Collectors have been separated into principal and minor designations according to the degree of travel between areas and the expected traffic volumes. • Local Street: All other roadways not otherwise classified, providing direct access to abutting land uses and serving as feeders to facilities with higher functional classifications. ■ Designation of roadway functional classification is an integral part of managing street use and land development. The classification of streets is necessary for receipt of state and federal highway funds. It is important to coordinate roadway classification with anticipated land use change and to apply a consistent approach to the designation of facilities. This ensures that roadways are sized correctly and provide the appropriate level of pedestrian and bicycle accommodation to support the surrounding land use. This also helps reduce the likelihood of long-term capacity problems. Source: City of Federal Way Revised 2015 III-16 FWCP - Chapter Three, Transportation Map III - 3 ys0 Apt A'! faYr/ LCity of = Federal Way Functional Classification of Existing Comprehensive Plan and Planned Streets and Highways Des Kent Moines Feder I °- Way - �'4 7 a Y A Y Tacoma _ FAA F Legend l' _ City Limits t 1 Potential Annexation Area a Streets and Highways A �% Interstate Principal Arterial - Minor Arterial Principal Collector � Milton } nr Minor Collector Edgewood � Flte Transportation Element C1-Y OF Federal Way This map is intended for use sok: as a graphical representation a n 1 The Cety c f Federal Way makes ® mile no warranty as to its accuracy - Revised 2015 III-17 FWCP — Chapter Three, Transportation Table III-1 Characteristics of Functional Classification of Streets Eli N Interstate/Freeways' 4+ (varies) Varies 60m h 30.000+ Principal Arterial' 2 to 7 68' to 124' 35-50m h 5.000+ Minor Arterial' 2 to 5 68' to 106' 30-40m h 5.000-35.000 Principal Collector4 2 to 5 68' to 100' 25-35m h 5.000-25 000 Minor Collectors 1 2 to 3 60' to 80' 25-35m h 1,000-5,000 Local Street6 1 2 361to 66' 25-35m h up to 1,000 l Limited access, state junsdicuon. 2. Connects subregional activity centers and communities. 3 Provides major movement capacity; collecting neighborhood and business traffic to higher level arterials. 4. Connections between neighborhood or commercial areas. Design consideration for trucks. 5. Channels local traffic to principal collectors or arterials. Design for buses per METRO standards 6 Primary function is access to abutting land use. Through traffic can be discouraged by use of traffic control devices. 7. The exact cross -sections and standards for a particular street within the community will be established through the City's development standards. Map III-4 (Cross -Section Application by Street) illustrates which cross-section would be used for each arterial and collector within the community. Since the City does not plan local street networks, the applicable street cross-section for local streets will be established through the City's development review process, which is ongoing. Access Management Classification Access management is the regulation of intersection and driveway spacing along a corridor and is intended to enhance safety and preserve capacity of roadways. Roadway crash rates are related to the spacing of turning conflicts. By reducing the number of driveways and turning movements through shared access to multiple parcels, and restricting turning movements in congested areas, the safety and efficiency of the City's streets can be maintained. This improvement also reduces the number of conflict zones for all vehicles, pedestrians, and bicycles. Access is one of the major factors influencing functional classification. Generally, higher classifications (interstates or freeways) serve a limited access function, while lower classifications (local roads, cul-de-sac streets) serve a local access function. The State of Washington approved legislation requiring that access onto state facilities be granted by permit and that such access conform to an access management classification system (Revised Code of Washington [RCW] 47.50). WSDOT put into place two administrative codes. The first identifies the administrative process (including permit fees for issuing access permits on state facilities), and the second defines the access classification system (Washington Administrative Code [WAC] 468.51 and 468.52, respectively). A summary of the access classifications from WAC 468.52 is provided in Table I11-2 (Washingt6n State Access Classification System Chapter 468.52 WAC). The criteria used to define the classification system included functional classification, adjacent land use (existing and proposed), speeds, setting (urban or rural), and traffic volumes. Revised 2015 III-18 FWCP - Chapter Three, Transportation City �f Federal Way Comprehensive Plan Map III - Cross Section Application by Street,;;�,,,wWrt LM uo aae &.. l7H d r.�r /may S$ L7ratr Y'fS.�i Rh T,n 6 r.�r ft". W% boa Des Kent m0i Es ecie E i ry P T ut. `Y Legend 141 - Planned Street Sections 3 S A. \-/ K 1! n.A.a l `-' B L - : C M`- E �r E P I �1 r�F iv G a / H R I /V S Milton J �T Edgew'ood Fife Transportation Element nrr br Far use Federal Way _- This map i al representation as a graphical representation p a= 1 The City a.` Federal Way makes %;;6miaMles no warranty as to is accuracy. Revised 2015 III-19 FWCP — Chapter Three, Transportation The authority to permit access to state facilities lies with the state in unincorporated areas and with the cities in incorporated areas. All state routes within the City are classified, with the exception of SR 18 and I-5, which are limited access facilities and -not subject to the access classification system. Table I11-2 Washington State Access Classification System Chapter 468.52 WAC (7-14-94) Posted SpeedMediani Typical Planned Plannedik. ftmLaeWifftkIiu i Restrictive, 1320 feet. High speed/volume, long trips serving: I interstate, interregional, intercity travel. Service 50 to 55 where multi- 1.0 mi One per to abutting land subordinate to service of major lane is parcel traffic movements. warranted. Medium to high speeds/volumes, medium to Urban: 35 Restrictive, 660 feet. 2 long trips serving: interregional, intercity, intra- to 50 where multi- 0.5 mi One per city travel. Service to abutting land subordinate Rural: 45 lane is parcel. to service of traffic movement. to 55 warranted. Restrictive Moderate speeds/volumes, short trips serving: Urban: 30 where multi- Rural: 0.5 mi intercity, intra-city, intercommunity travel. to 40 lane is Urban: 0.5 mi/ 3 Balance between land access and mobility. Used Rural: 45 warranted. Two- less with signal 350 feet where land use is less than maximum build out, to 55 way left -turn progression but development potential is high. lane may be analysis. utilized. Moderate speeds/volumes, short trips serving: Rural: 0.5 mi intercity, intra-city, intercommunity travel. Urban: 30 Restrictive if Urban: 0.5 mi/ 4 Balance between land access and mobility. Used to 35 average daily less with signal 250 feet where level of development is more intensive Rural: 35 traffic volumes and major land use changes less likely than to 45 exceed 25,000. progression analysis. class 3. Low to moderate speeds, moderate to high 0.25 mi/less 5 volumes, primarily short trips in intra-city and 25-35 Non-restrictive with signal 125 feet intra-community travel. Service of land access progression dominant function. analysis. Note: This table is for summary purposes only and is not included in the WAC. Source: WSDOT *See text of the WAC for exceptions. Table III-3 (City of Federal Way Access Management Standards) illustrates the City's adopted access classification system. The primary purpose of access management is to improve safety; therefore, higher access classifications are triggered either by crash rates or lane configurations that are less safe at higher volumes. Similarly, access spacing standards are the most restrictive for turning movements with the highest potential for crashes. Map III-5 (WSDOT Access Management Classification on State Highways) indicates WSDOT's access classification on state highways in Federal Way. Map III-6 (City of Federal Way Access Management Classifications) indicates the access classifications within the City. These access standards would be implemented as part of review of land development, as an element of street improvement projects, and to ameliorate locations with high crash rates as a part of traffic safety maintenance. Revised 2015 II1-20 FWCP - Chapter Three, Transportation City Of Federal Way Comprehensive Plan Map ill - 5 WSDOT Access Management Classification on State Highways UwOb�•PGWQ vE' d Fir Idw ` A- 6 Legend Des; Kent O City Limits dW Class 4 Motnes, Potential Annexation Area OW Limited Access 4 � � _ SI88�Si � a Federal Way a 312eh M Way its 3e PAA ■ 32M. se SW yttrh It _VM St Aut � f /� •ramr � , �r Ply SW C4%o� 33um =_ � e < r Tacoma s S.34ian W,.- r a Mr SW 3-1am sk PAA i= ' c v Milton Edgewood F-[! Transportatron Element CISY (jl map is intended for use Federal Way BMWThis as a graphical representation. a a = The City of Federal Way mattes _�. waru..�ees+r�av��ot►�x+_o��, ®tA ies no warranty as to As aixuraay_ Revised 2015 III-21 FWCP - Chapter Three, Transportation City Of Federal Way Comprehensive Plan Map III - 6 WIrOdlAprE20.. Oly d F,rrr V" City of Federal Way Access ` b ,aim: Management Classifications Des Kent Main PkmSmwd ya FedeFaI -way Fiat! n Au Fwaa usay s M �1 C Tacoma k " O MY �q PAA Legend 0 CO Limits r 0 Potential Annexation Area dV Class 1 Class 2� -w Class 3 Milion Class 4 Edgewood Tranrspoitabon FlemeW a;IrY VI Federal lady _ This map is intended for use SCOW: " as a graphical representation. u u E The City of Federa9 Way makes , my �perar .�arararQr�w�ro+r cam, ,, , � Miles no warranty as to its accuracy - Revised 2015 III-22 FWCP — Chapter Three, Transportation Table III-3 City of Federal Way Access Management Standards *Does not apply to Single -Family Residential uses. **Greater spacing may be required in order to minimize conflicts with queued traffic ***If the existing efficiency is less than the standard, new traffic signals may not reduce the existing efficiency. a) Raised Medians will be required if any of the following conditions are met: 1) There are more than two through traffic lanes in each direction on the street being accessed. 2) The street being accessed has a crash rate over 10 crashes per million vehicle miles, and currently has a two-way left -turn lane. b) Two-way left -turn lanes will be required if the street being accessed has a crash rate over 10 crashes per million vehicle miles, and currently does not have a left -tam lane Street Standards As the transportation system evolves, periodic review and changes to the Federal Way Revised Code (FWRC), subdivision code, and street standards are necessary. Street standards within City code convey the vision of the comprehensive plan in greater detail. Similar to the classification map, they guide the development process activities. For example, components of the subdivision code can require certain types of street standards (e.g. widths, parking, etc.) to support designated transit compatible development. Street design standards show preferred cross sections for each arterial and street segment. Traffic Signal Locations Map III-7 (Existing and Planned Traffic Signals) shows the locations of signalized intersections in Federal Way. Currently, signals are maintained and operated by the City under a contract with King County. The ability to coordinate signals and update signal timing plans throughout Federal Way is important to achieve the maximum operating efficiency (move the greatest number of people, freight, and goods) of 'roadways. Currently, traffic signal timing plans can be adjusted from the traffic control center for most intersections in the City. Traffic Volumes Map III-8 (2014 Traff c Volumes) shows the average weekday traffic volumes on selected arterials. Major arterials such as SR 99, SR161, 348' Street, 320' Street, and access points to I-5 carry the most vehicles in the City. Federal Way's busiest arterial, SR 18 between 16' Avenue and the northbound on -ramp of I-5, carries more than 68,000 Revised 2015 III-23 FWCP - Chapter Three, Transportation 21M Obl Mc 20x5 City of Map III-7 GMT"" Y axrs W A— b Compehensive Plan Exisitng and Planned Traffic Signals ,° ° Des Kent Manes Pwir ,sound � l Federal Way � r •—tA i27L^ _L i try 4' � y Tacoma Legend s . O City Limits �. t Potential Annexation Area Traffic Signals Existing Traffic Signal 4 Fire Signal y�r� Planned Traffic Signal ¢ Existing Pedestrian Signal Communication L nes Proposed Communication Lines Existing Communication Lines C) Fide 4 s Z'9 • w P"$Vad W P7A PY It- >d M&P PA A L/ 8 t. Milton Edgewood Transportation Element (Pry gar '00;:N Federal Way arc This reap is intended for use as a graphical representation. a as The City of Federal Way makes Mies no warranty as to its accuracy - Revised 2015 III-24 FWCP - Chapter Three, Transportation I • City of Map III - $ ��•�. l7y d f.�dYry an Federal Way N b.AU w•gaum Comprehensive Plan 2014 Traffic Volumes r Rao SourdiY t 'S t6by =• N h� Legend PA A City Limits - l „ O Potential Annexation Area " -- d � Weekday ADT Volumes , 1.000 - 5.000 Y ti 4f• ri y 5,001 - 15.0D0 S4fFD 15,001 - 25.D00¢ 25.001 - 35.000 F IV 35.001 - 45,000 at —w' More than 45.000 CITY 01 Federal Way N :lw�sir�'�l.R'�im�obporW�J•ml�_7K7c5f1rtod aMies Revised 2015 Federal WAY PA Transportation Element This map is intended for use as a graphical representation The City of Federal Way makes no warranty as to its accuracy - III-25 FWCP - Chapter Three, Transportation vehicles per day. In addition, several segments on SR 99 and the segment between SR 99 and I-5 on South 320`h Street, carry between 35,000 and 45,000 vehicles per day. According to the Federal Highway Administration (FHWA), annual vehicle miles travelled (VMT) peaked in year 2007 with a total of over 3 trillion vehicle miles traveled nationwide. Since then, annual vehicle miles travelled has exhibited a downward trend. This downward trend is the result of a number of factors including the "Millennial" generation seemingly be less inclined to drive or own automobiles, higher costs of automobile ownership, healthier lifestyle choices, mixed -use and compact development, and more. Also, the number of people who choose alternative transport modes such as transit, walking, or bicycling over driving is increasing. These trends, if continued, will have an impact on the development of future projections for the way people could choose to travel necessary to plan for the future. High -Occupancy Vehicle Facilities High Occupancy Vehicle (HOV) facilities are typically roadway lanes dedicated to vehicles with two or more people per vehicle and include motorcycles. HOV facilities are viewed at the regional, state, and federal levels as essential to meet public travel demand needs because they are capable of moving more people than general purpose travel lanes. Also, HOV facilities provide vital accessibility to developing urban centers in the Puget Sound Region. HOV lanes are provided on I-5 within Federal Way. Locally, the objective of providing HOV lanes in Federal Way is to improve traffic safety and circulation, and support the use of transit, carpools, and right -turn movements. HOV lanes are provided on 3481h Street, SR 99, and on 3201h Street. South 320rh Street Looking East Revised 2015 I11-26 FWCP - Chapter Three, Transportation Existing Street Deficiencies Congested intersections result in people experiencing an increased delay to travel through the intersection. They are typically larger intersections with high vehicle demand and have longer crossing times for pedestrians. Congested intersections in Federal Way are located predominately in the City Center area and along SR 99. East/west routes that experience high levels of vehicle demand include South 320`' Street and Campus Drive/ South 3481" Street. To determine where intersection deficiencies exist today, the existing traffic volumes and roadway network is compared to the level of service policy (TP 1.2), which defines the volume -to -capacity ratios at signalized and unsignalized intersections in the City. Map III-9 (2014 Weekday PMPeak Congested Streets and Intersection) illustrates the results of this analysis. Traffic Safety When considering transportation improvements, enhancements to traffic safety must be considered. Collision information for the past five years is reviewed for intersections and street segments to determine areas that could benefit from safety enhancements. Some collisions in Federal Way are related to congestion; congested roadways can increase user frustration and result in riskier maneuvers. Common risky maneuvers include running a red light at a traffic signal, darting across a busy roadway, rapid lane changes, and speeding. Many collisions in neighborhoods are related to speeding, but also to poor sight distance at unsignalized intersections. The development of the Future Transportation Vision and Near -Term and Long -Term Projects considers areas with safety issues. Non -Motorized The City developed a stand-alone Bicycle and Pedestrian Master Plan, adopted in March 2012, which establishes a vision for a connected network of bicycle and pedestrian facilities throughout Federal Way. The Plan sets an important foundation to continue the City's success in securing transportation project and program funding. It also establishes an overview of the current status of walking and biking facilities, including barriers and opportunities, and gauges citizen opinion about walking and biking preferences. The City's overall goal is to set the stage for the City's long-term vision of a safe, accessible, and connected bicycle and pedestrian network. The bicycling and walking goals will guide the City as it moves forward with plan implementation and include: Revised 2015 III-27 FWCP - Chapter Three, Transportation CAY Of Fe ComprehensW Plan Map III - 9 UODft Cyr d l�r'Ny 2014 Weekday PM Peak Congested Streets and Intersections Des Ker:i Moires C 1 Pwa ".�Ly W vt r �edef�l M } way y� - FadmW W2ESnSs WA PA A •'.•� -- - AEJ `N� AI %k1i�3 12 s n Jr n w - Tacoma + 5W IS51.5 PA A Legend� O City Limits Potential Annexation Area Congested Streets Milton Long Queues / Congested Corridor _ (--) EageWoCd U2 it {fe Tiarssportafon E L+tY U1 Federal Way This map is intended for use acre: " as a graphical represartation. a as The City of Federall Way makes N lly�ir�' ti1f�P'.ifa.yyha�ryl•Y.F�Coryal�IRal �hiles no sty as ID its accuracy - Revised 2015 III-28 FWCP - Chapter Three, Transportation • Bicycle and Pedestrian Network and Support Facilities • Safety, Security, and Equity • Transportation and Land Use • Education and Awareness • Maintenance and Operations The Plan is consistent with state policies such as GMA and the Safe Routes to School program. Additionally, the development of the Plan is crucial for the City to position itself favorably in the competitive transportation funding program. In the process of developing the Plan, the City coordinated with two regional agencies—PSRC and King County. The existing built environment of Federal Way is characterized by conventional suburban style development featuring curvilinear streets, cul-de-sacs, and limited through -street connections. This lack of connectivity poses a challenge in developing a safe and convenient network of bicycling and pedestrian facilities. Bicycle Conditions Currently, there are approximately 27 miles of bicycle facilities in Federal Way (summarized in Map III-10 [Existing Bicycle Facilities]), which are all either paved trails, bike lanes, or wide shoulders. These facilities consist of the shared -use Bonneville Power Administration (BPA) Trail, bike lanes, and wide shoulders. A challenge in the City is that many potential cyclists do not feel comfortable riding on or crossing high - volume, high-speed roadways, such as SR 99. Bonneville Power Administration (BPA) Trail Midblock Pedestrian Crossing on SW 356", Street Revised 2015 III-29 FWCP - Chapter Three, Transportation Lyy d Fir W City of Map III - 10 W` °� wa VY.V Federal Way � V: MM Comprehensive Plan Existing Bicycle Facilities �Wo Days Kent Moro s Age Sound Q. Federal i� Way �ll'11 t. Wry f� PA sss --t 1 '..N Fedv� < s 9ley v c- 3 „ Tacoma S.ZWL 4q _7 PA A Legend 5, 0 City Limitsf`�. p Potential Annexation Area 11.1 Existing Bicycle Facility Paved Trail Bike Lane I Wide Shoulder C) F EcIgewood Transportaton Flemerg Federal � This map is intended for use as a graphical representation - a u S The City of Federal Way makes �•+■Q+a►n+�.._F-- hies no warranty as Bo its accuracy. Revised. 2015 III-30 FWCP - Chapter Three, Transportation Pedestrian Conditions Most of the City's 247 miles of pedestrian facilities are sidewalks. Other facilities include the Bonneville Power Administration (BPA) Trail and recreational trails through park facilities as illustrated in Map 111-11 (Existing Pedestrian Facilities). While most of the arterial roadways have sidewalk facilities, some residential and minor roadways may not have facilities. Federal Way's pedestrian network provides a greater level of connectivity to retail centers than the current bicycle network, although many residents do not find walking to retail centers a pleasant experience due to the high volume and high speeds of traffic on arterial corridors. Also, the State of Washington permits the use of sidewalks by bicyclists unless prohibited in the City. Currently, Federal Way has restrictions for bicycles on sidewalks in the City Center area. Public Input and Preferences Public input was considered in the development of the proposed bicycle and pedestrian facility networks and also informed the development of goals and objectives. The following results were collected: • When trips are less than one mile, residents are more likely to walk. • People are more apt to bike than walk if a trip is between one and five miles. • Most residents will drive once trips exceed one mile. • People who walk in general do so more frequently than those who bike. ■ Most people walk or bike for exercise, followed by shopping or errands for walkers and work commute for cyclists. • The lack of facilities and/or their condition are the primary detractors for people walking and biking more. Transit Public transit service is provided to area residents by a combination of fixed -route, express, dial -a -ride, and subscription bus services. King County METRO serves the City directly, while Pierce Transit buses provide connections from the Park & Ride lot on I-5 at South 320" and Federal Way Transit Center to Tacoma and Puyallup. Sound Transit serves the Federal Way and Star Lake Park & Ride lots with regional express buses between SeaTac and Tacoma, and between Federal Way and Puyallup, and a feeder route from Northeast Tacoma. Amenities supporting transit patronage include Park & Ride lots and waiting -area shelters. The Federal Way School District and King County's Multi - Service Center also provide special, local area bus services. Revised 2015 I11-31 FWCP - Chapter Three, Transportation City of Map III - 11 Federal Way Comprehensive Plan Existing Pedestrian Facilities Wi Ob. Apt M'5 OW & Fft V" =Moa- S=MMA-m trio Des Kent Moines nil PWfif Swrd Federal jj '.X Way PAA IT Aut X Tacoma PA A Legend City Limits Potential Annexation Area Paved Trails r Milton ^v Sidewalk Edgewood RansportaftonEtement Carr srF Federal Way This map is intended for use as a graphical representation - a a-5 f The City of Federal Way makes no warranty a:5 ID its accuracy_ Revised 2015 111-32 FWCP - Chapter Three, Transportation Federal Way Transit Center Locally and nationally, public transit services, ranging from local buses to regional rail, are witnessing increased attention. Despite declining transit ridership in the late 1980s and early 90s, these services are being viewed at the regional, state, and federal levels as essential to meet public travel needs. Many people with low incomes or special mobility needs depend on transit. The City of Federal Way supports the provision of viable transit services as a component in a multimodal transportation system. Coupled with carpooling and van pooling, improved transit service is viewed by the City as essential to providing area residents with mobility options in the future. Unlike road services however, the City is constrained by state law and federal regulations in its ability to provide these alternatives. The City's involvement with the provision of transit services is indirect —through such efforts as supportive land use planning (to generate sufficient transit patronage) and roadway design features (to accommodate transit and other high occupancy vehicles). The City's planning process has focused on development of a transit -supportive environment, including improved pedestrian and bicycle access to transit. Public Works projects anticipate enhanced regular route, local bus service, and the future implementation of a regional light rail system. Expansion of regional transit and HOV systems is critical to the achievement of Vision 2040, which guides the regional Metropolitan Transportation Plan. Federal Way's vision, which includes a City Center with surrounding commercial and residential land uses, is enhanced by both an improved regional bus system and a rail system. Local circulation routes will also be essential. The Federal Way plan has been structured with primary emphasis on locations that can become transit centers. In the interim, transit centers will be focused at Park & Ride lots. Revised 2015 III-33 FWCP - Chapter Three, Transportation Revised 2015 In Federal Way there are 24 regular and express service routes that provide nearly 250 bus trips to, within, and through Federal Way each day. In total, about 3,000 to 3,500 person trips are made by regular, express, and Dial -A -Ride service each day. About one percent of all daily (and three percent of peak hour) Federal Way trips are made by transit, which is comparable to other suburban areas. The majority of service is provided to Park & Ride facilities where more than half of Federal Way's transit riders access transit. Routes into the neighborhoods of the City are oriented to the higher density areas where there is lower auto ownership and greater reliance on transit. Under a demonstration project, METRO instituted Dial -A -Ride Transit (DART) service to portions of the City in 1992. Today, DART service follows a semi -fixed routing with service provided to patrons who do not live or work on fixed routes. Local Transit Service Development Most transit service to and from Federal Way is oriented toward downtown Seattle. Historic, radial expansion of the system from the downtown is one reason for this. More significant is that density, congestion, and parking costs have kept transit competitive in the downtown Seattle market. While transit routes exist within Federal Way neighborhoods, the existing street layout, with its many cul-de-sacs and dead-end streets, is not always conducive to transit use. Buses cannot run along every residential street. They usually operate on collector and arterial streets; thus, residents often have to walk several blocks to reach a route. Research has shown that when potential patrons have to walk over three miles, many will not use transit. Because of the distance between residences and bus stops, and frequent express -type service to Park & Ride lots, many transit users travel to the three Federal Way lots near I-5. However, these lots are nearly always at capacity. Efforts to expand their capacity by both METRO and WSDOT have been hampered by the relatively high cost of land to provide for expansion. WSDOT constructed a new 600-space Park & Ride lot at 21't SW at SW 34411 Street, and METRO constructed another Park & Ride lot at Pacific Highway South and South 276' Street. Sound Transit constructing a City Center Transit Center with a 1,200 stall parking structure, connecting to an HOV direct access ramp to 1-5 via South 317`h Street. In considering future land use and transportation alternatives for the City, a balance must be sought between creating transit compatible land uses and providing system access from Park & Ride facilities and stations. III-34 FWCP - Chapter Three, Transportation Regional Transit System In November 1996, voters within areas of King, Pierce, and Snohomish Counties approved funding for a Regional Transit System, including light rail, commuter rail, and regional express bus services. Vision 2040 and the Metropolitan Transportation Plan "Destination 2030," adopted by the Puget Sound Regional Council (PSRC), and the Countywide Planning Policies for King County call for a high capacity transit (HCT) system linking urban centers and supported by other travel modes. HCT is defined as various types of transit systems operating on an enhanced facility (such as fixed guideway, dedicated right-of-way, priority lane, or freeway/express facility) that is designed to carry a large number of riders at higher speeds than conventional transit. HCT may include a mix of commuter rail, light rail, express bus services and facilities, and/or other high capacity transit technologies, plus other associated transit improvements that tie local/regional transit services to each other and to other travel centers. Today, King County Metro's RapidRide A -line provides frequent bus service between Tukwila International Boulevard Station and the Federal Way Transit Center generally along International Boulevard and Pacific Highway (SR 99). The City worked closely with METRO on the development of supportive capital infrastructure, such as transit lanes, transit signal priority, and stations. Federal Way is also coordinating with Sound Transit in the development of HCT alternatives to extend the regional light rail system south from the City of SeaTac to Federal Way and eventually Tacoma. The Federal Way Link Extension project will extend light rail from an Angle Lake Station at South 200`h Street in SeaTac to Kent/Des Moines by 2023. The planning and environmental process will develop a shovel -ready plan for extending light rail to the Federal Way Transit Center as additional funding is secured. Implementing the regional transit system will require an array of City efforts in the coming decades. Priorities include City participation in detailed system design, preservation of right-of-way, and station area planning, along with other needs to be identified as the system progresses. Dial -A -Ride Transit (DART) As noted above, this service was introduced by METRO in 1992. Dial -A -Ride service is demand activated by the users. Users originally phoned in and van service was provided within two hours. Unlike regular route service, only the area being served was defined, not the routes. The service has since been modified to operate with semi -fixed routes, which due in part to greater schedule reliability, has Dial -A -Ride Transit (DART) dramatically increased ridership. Should ridership continue to improve, regular fixed route service may soon be attainable. Revised 2015 III-35 FWCP - Chapter Three, Transportation Paratransit Service In addition to the service program for general-purpose travel, METRO has embarked on a significant program to improve services for persons who cannot use regular route bus service. This program has been developed to meet the requirements of the Americans with Disabilities Act (ADA) of 1990. It provides high quality public transportation service to eligible customers. People with limited resources who are either 65 or older or who have disabilities may qualify for Paratransit. Called ACCESS Transportation, Paratransit service currently provides door-to-door transportation Monday through Friday. Monthly and annual pass stickers are available as well. Key elements to METRO's Paratransit Plan are the provision of: • Supplemental service in Western King County within 3/4 of a mile on either side of regular route service; • Next -day reservations up to 14 days in advance, with trips scheduled seven days a week; ■ Fares held to the same level as one -zone regular bus fares; and • Scheduled service to be the same as the near -by, regular routes. Freight and Goods Decisions that impact the street and highway system can impact the movement of freight and goods. This can affect the economic competitiveness of local and regional businesses. Today, Federal Way depends on trucks and motorized vehicles for deliveries. The City's development standards help assure the provision of adequate on -site facilities for freight delivery such as loading docks; loading zones; the width, frequency, and location of driveways; the turning radius at intersections for curbs; and pavement standards to carry heavy vehicles such as trucks and buses. Other City actions include the restriction of over -sized vehicles on roads and bridges that cannot support heavy vehicle weights or size, and the designation of truck routes. Many of these actions are echoed by regional and state activities. Local Level Needs and Opportunities Federal Way displays a unique set of circumstances for freight and goods movement. While extensive truck and rail oriented development has not taken place in Federal Way, freight and goods movement, primarily by trucks passing through the City, impacts roadway operations. Situated between the major urban centers of Tacoma and Seattle, the Federal Way planning area has four primary arterials carrying freight traffic including: Revised 2015 III-36 FWCP - Chapter Three, Transportation Military Road, the original arterial through the city, is designed to accommodate heavier freight and goods vehicles. This road no longer carries large numbers of pass -through truck traffic, but provides local access for truck deliveries to established neighborhoods. Highway 99 was used as a primary truck route through the area until the interstate system was developed in the 1960s and 70s. Today, SR 99 provides a distribution function, mostly for delivery purposes, but also affording access to regional facilities such as the US Postal facility just west of Pacific Highway near South 336" Street. SR 99 also provides truck freight an alternate route to I-5. Today, the major roadways for freight and goods movement into and through the area are provided by I-5 and SR 18. As the regional economy has grown, the volume of truck traffic along these highways has increased. Today, the highest concentration of regional truck traffic passes through Federal Way's section of the I-5 corridor. Within the City, continued growth of local truck traffic is anticipated. Densification of the urban core, along SR 99 and South 3201h, as well as the South 3481h corridor, will lead to increased truck trips. Street design standards and road classifications adopted under this plan will assure that new and rehabilitated facilities are built to appropriate standards. These efforts are coordinated with the City of Federal Way Truck Route Plan as illustrated in Map 111--12 (City of Federal Way Truck Route Plan), which depicts existing and proposed truck routes. Transportation System Management (TSM) Transportation Systems Management (TSM) focuses on maximizing use of the existing systems travel capacity. The concept was first originated in the mid- 1970s by the U.S. Department of Transportation. Since that time, it has been applied by a host of different ways in cities and metropolitan areas around the country. More recently, the 1991 Federal Transportation Act (ISTEA) expanded the vision of TSM, introducing the term Congestion Management Systems. The focus of TSM is to identify ways to manage the transportation system (usually streets and highways, from a local agency perspective) to maximize the carrying capacity of existing facilities. TSM activities can include new construction, but they typically modify an existing facility. These activities can be grouped into the following categories: • Geometric Improvements • Access Management • Signalization Improvements • Capacity Enhancements Revised 2015 III-37 FWCP - Chapter Three, Transportation CdY of Federal Way ComprehensNe Plan Map III - 12 Through Truck Route Plan N" Ob, " 20%5 Lft d F.2.d Vft Dhftftl � ft A— it P.&rA NM wwk 2SS-064M d Des Kent MOML Aga Sourd ri Federa Federal - ANT Way Way WAY sw "Orri a 5C AEA I. z Z Y 9 124th. �;l u aft 7- Tacoma z A4 A Legend City Urnits "%4 Potential Annexation Area Truck Routes Proposed Routes Milton Existing Routes Edgewood Fife Transportation ElemeW rsrr of Federal Way -W This map is intended ibr use as a graphic -al representation 0 0-5 1 The City of Federad Way makes -mpMGFVO"A*ft�Md I M999;;;;;R maers no warranty as to its accuracy. Revised 2015 111-38 FWCP - Chapter Three, Transportation Not all TSM strategies are appropriate for a city to undertake. The more popular and successful ones are listed in Table III-4 (TSM Strategies Applicable to Federal Way). Table III-4 TSM Strategies Applicable to Federal Way w or one Geometric Improvements -Channelization ✓ -Bus Turnouts ✓ -Exclusive Turn Lanes ✓ -Intersection Widening ✓ Signalization Improvements -New Signals ✓ -Signal Removal ✓ -Coordination ✓ -Timing/Phasing Optimization ✓ -Monitoring Access Management -Turn Prohibitions ✓ -Restrictive Mediums ✓ -Driveway Consolidations/Removal ✓ -Signing Capacity Enhancements -Arterial Frontage Roads ✓ -Railroad Over -Crossings ✓ -Intersection Grade Separation ✓ Intelligent Transportation Systems Intelligent Transportation Systems is a combination of field devices and communication systems designed to help manage congestion, enhance safety, and inform travelers of multiple travel options. Examples of Intelligent Transportation Systems active in the Federal Way area include: • Closed Circuit Television (CCTV) Cameras • Changeable Message Signs (CMS) • Ramp Metering Systems (RMS) • Traffic Monitoring Station (TMS) • Highway Advisory Radio (HAR) & Extinguishable Message Signs (EMS) • Roadway weather Information Systems (RWIS) • Fiber Optic (FO) Systems • Advanced Traffic Controller (ATC) An Intelligent Traveler Systems Plan, similar to an Intelligent Transportation Systems plan, was developed for the State of Washington. Directed by WSDOT, it established a framework for implementation of a variety of projects. Appendix III-B (Transportation System Management Summaries), Table B-1 summarizes the main categories of Revised 2015 - III-39 FWCP - Chapter Three, Transportation Intelligent Traveler System applications, their relative applicability in Federal Way, and the degree of impact each might have on the City's vision and plan. Transportation Demand Management (TDM) Transportation Demand Management (TDM) refers to activities that help people use the transportation system more efficiently. The Puget Sound Regional Council's VISION 2040 requires the identification of transportation system management and demand management programs and strategies. Appendix III-B, Table B-2 summarizes the various transportation demand management alternatives by their functional grouping and potential effectiveness, implementation difficulties, and expected cost effectiveness. Fortunately, several of the more effective options are within the purview of the City. While many of these TDM strategies will need to be implemented and managed by the private sector, Federal Way can provide the infrastructure needed to support such strategies, such as transit and HOV lanes, and expanded bicycle and pedestrian networks. PSRC's Vision 2040 identified basic strategies that overlap with those presented in Appendix III-B. These strategies include: • Telecommuting Programs • Parking Management and Pricing • Flexible Work • Shuttle Services • Ridesharing Programs ■ Traveler Information, Public Relations, and Marketing Commute Trip Reduction Federal Way is required by the state to provide a Commute Trip Reduction (CTR) plan. This plan applies to employers with more than 100 employees. It provides a framework for reducing the proportions of drive alone commute trips and vehicle miles traveled per employee by affected employers in the City's jurisdiction, major employment installations, and other areas designated by the City with local major employers to customize strategies and programs to most effectively reduce the number of drive -alone trips employees make. Federal Way currently has 11 worksites affected by the CTR law. Figure III-1 summarizes the existing mode split for these employers based on their reporting. Revised 2015 III-40 FWCP - Chapter Three, Transportation CTR AFFECTED WORKSITES MODE SPLIT DRIVE CARPOOL/ BIKE OTHER ALONE VANPOOL/ MOTORCYCLE BUS WALK TELECOMMUTE 5Q Q 79 O 13.7% 2.6% 2.5% 0.3% 0.3% 1.6% Figure III-1. Existing (2014) Mode Split for CTR Employers 1.3.5 FUTURE TRANSPORTATION VISION Federal Way envisions a future transportation system that serves all users and modes of travel by offering a safe and robust network of walkways, bicycle facilities, intersections, and roadways. This chapter describes Federal Way's vision for its future transportation network and the infrastructure improvements that will get the City there. As identified in this plan, most of the improvements are focused on the development of a `layered' transportation network, which focuses less on providing vehicular capacity and more on accommodating all modes of travel. While some of the roadway improvements are needed to meet the City's vehicular level of service (LOS) standard, many of the future improvements could focus on providing safer and more complete facilities for walking, bicycling, and riding transit in order to improve access and mobility for all road users. This section provides a summary of the layered network, a system for prioritizing modal travel by corridor; the process for predicting future travel demand; how level of service, a measurement of the adequacy of a facility, is evaluated for all modes; and the process employed to prioritize projects. Revised 2015 II1-41 FWCP - Chapter Three, Transportation Introduction to the Layered Network It can be a challenge for a single roadway to meet the demands and expectations of all modes at any given time. This is also generally not desirable from a user or a planning perspective. In response to this challenge, the City of Federal Way has adopted a layered network approach that focuses on how the City's transportation network can function as a system to meet the needs of all users. In such a system, individual travel modes are prioritized on different facilities throughout the overall network. Figure 111--2 illustrates the concept of a layered network. The City will implement this layered network through a system of roadway cross -sections that define each street's user priorities and associated infrastructure needs, see Appendix 111-A (Street Design Standards). The City also coordinates recommendations from the Bicycle and Pedestrian Master Plan with roadway projects. Future Travel Travel can be described in terms of the purpose of the trip and the trip beginning and end points. Federal Way exhibits a wide variety of travel purposes. Trips cover all modes of travel such as walking, bicycling, driving, and taking transit. Figure III-2. Layered Network Concept To help predict future travel, transportation professionals develop models that are typically city specific, but coordinated with the regional vision and model. The models were used to estimate existing and future traffic volumes within the Federal Way planning area. The model can also be used to estimate demands for various modes of travel, including auto, carpool, and transit. There is a fairly consistent relationship between the number of trips produced each day and the density of residential dwelling units. Depending on the density of the area and other factors, it is possible to forecast the total number of trips produced in an area. In a similar fashion, employment densities can be used to forecast person trips attracted to an Revised 2015 III-42 FWCP - Chapter Three, Transportation area. Each parcel of land generates traffic based on its type of use and intensity of development. The evening peak hour is a modeling standard, since it usually is when the highest demand occurs. The Growth Management Act (GMA) requires that the Transportation Chapter supports the land uses envisioned in the comprehensive plan. Thus, an important component of the work was forecasting how the future land uses envisioned in the City, as well as regional growth, would influence demand on Federal Way's transportation network. The following is a description of the travel demand modeling process: • The Modeling Tool: As a part of the update, Federal Way created a city -focused travel model adapted from the latest version of the Puget Sound Regional Council (PSRC) Trip -Based Travel Model. This model forecasted traffic volumes during the evening commute hour (highest volume hour between 4pm and 6pm) along many of Federal Way's key streets and intersections. This tool provides a reasonable foundation developing year 2019 and 2040 forecasts, as the underlying land use assumptions have been updated to match the land use forecasts for the current comprehensive plan. ■ Estimate Land Use Growth in the City: As a part of the comprehensive plan update, the City is planning for expected growth in housing units and employment over the next 25 years through 2040. Based on growth estimates from PSRC and review by City staff, Federal Way is preparing for almost 44,000 housing units, more than 106,000 people, and almost 50,000 workers (including the planning analysis area) by 2040. The City*then allocates the growth throughout Federal Way based on adopted zoning, observed development patterns, and other City policies. ■ Capture Regional Growth Patterns: Other communities throughout the region are going through this very same process, based on direction from PSRC. Because travel does not stop at a jurisdiction's borders, it is important to capture how regional growth could influence travel patterns on Federal Way's streets. One of the primary advantages of basing the Federal Way model on the PSRC Trip -Based Travel Model is that all regional growth assumptions are naturally consistent with PSRC estimates. • Translating Land Uses into Trips: The next step is evaluating how the City and regional growth assumptions described above translate into walking, biking, transit, and auto trips. The travel model represents the number of housing units and employees in spatial units called traffic analysis zones (TAZs). TAZs can be as small as a few street blocks to as large as an entire neighborhood. They provide a simplified means to represent trip making rather than modeling individual parcels. The travel model estimates trips generated from each traffic analysis zones (both inside and outside of the City) using established relationships between different land use types with trip making. These trips are then assigned onto the roadway network to estimate how much traffic would be on each street during the evening commute hour. Revised 2015 III43 FWCP - Chapter Three, Transportation • Model Refinements: The final step is refining the forecasts based on reality checks that the travel model may not capture. In this case, travel patterns were refined to reflect existing driver preferences, including recognizing the relative attractiveness of principal and minor arterials over minor collector and local residential streets with significant traffic calming features. Transportation Level of Service Transportation level of service (LOS) is a qualitative measure used to evaluate the quality of public infrastructure. Cities have historically measured transportation level of service based on the experience of drivers, in terms of vehicle speed, traffic density, or how long vehicles wait at an intersection. As shown in the Figure III-3 from Planning Urban Roadway Systems (Institute of Transportation Engineers, 2011), transportation level of service does not have to be limited to the experience of just vehicles. This Transportation Chapter considers the transportation level (quality) of service for walking, biking, and taking transit in Federal Way. Refer to Appendix III-C (Concurrency Management System) for additional information. Figure III-3 Example Modal Level of Services Automobile - Transit Level of Service 170 Quality of Service F More frequent service, stops, and amenities +No delay at intersections. +Attracts riders who choose �= transit over other modes OD .• �-•11 ... ••••• •f�.,n CID'C'"' t:"''rr V IL'± W Kzic.uopnand amrmtfe: Longer delays at intersections. Limited or no service. 4 -Fewer stops and amenities Project Prioritization ®Bicycle Quality of Service +Complete system for all types f users. t+onflicts Good condition, few stops, and with autos cycwsoF.varir.:� f D jhle tP 1rdp teary *• 6"i rrat'ons More gaps in system -More stop -Pos and auto conflicts or pavement imv Pedestrian Quality of Service +Complete system +E.YSM1 t0 Cf055 +Improved Comfort An alkstuarriy wm ftkr CID nr wort oldreen_sai <s alb: Gaps, n cysts m Poor pavement Less invlttng Project Prioritization is part of the process associated with implementing projects in the order most needed. Because the total estimated cost of all identified network improvements is substantial, it is unrealistic to expect that all of the improvements will be implemented in the near term. Therefore, it is important to establish a strategy for moving Revised 2015 III-44 FWCP - Chapter Three, Transportation forward. The project prioritization process is a tactical effort to determine the sequence of events to meet strategic goals, as summarized in the Transportation Improvement Program (TIP). To assist City staff, elected officials, and citizens in making potentially difficult near -term decisions, this plan uses a modal focus to evaluate project prioritization and then links each project back to Federal Way's transportation goals. The process for prioritization is described below. Project Prioritization Step One: Layered Network All projects are considered as part of the layered network and ranked. This reduces double - counting for level of service improvements and for meeting concurrency, and ensures that the appropriate project modal elements are being considered. The equally -weighted project prioritization measures used to prioritize projects are summarized as follows: ■ Concurrency Requirement: The project is needed to maintain the proposed multimodal level of service and/or concurrency. Projects that provide improvements for more than one mode would receive higher scores. This includes projects along walking, bicycling, and transit priority areas, and improving roadway conditions. ■ Level of Service Improvement: The project reduces vehicle delay or enhances the quality of the facility (modal specific) based on the adopted level of service standards. Projects that provide the improvements described in the street standard guidelines would receive higher scores. • Safety: The project enhances a safety concern. Projects that enhance safety would receive higher scores. • Severity: The project enhances a safety concern with a history of severe collisions. Locations with severe or increased severity collisions would receive higher scores. • System Efficiency: The project includes transportation system management elements, including those described in the Intelligent Transportation Systems (ITS) plan. Projects that improve the travel of non -drive -alone trips, including transit, would receive higher scores. • Ease of Implementation: The project is evaluated using engineering judgment to consider the likely scope elements of the project, such as right-of-way acquisition, overall project cost, and sensitive areas impacts. Projects that are easier to` implement or have multi jurisdictional support would receive higher scores. • Community Support: The project has been identified as having community support. Projects that exhibit positive community support would achieve higher scores. • Freight: The project would have an impact on an identified freight route. Projects that enhance freight travel would receive higher scores. Step Two: Achieving Goals After each ranked project list is created, projects are evaluated by their relationship to the six overarching transportation goals based on a weighting completed by City staff. Projects that meet more goals would achieve higher scores. Revised 2015 III-45 FWCP - Chapter Three, Transportation Project Prioritization Step Three: Cost/Benefit A cost/benefit weighting is used to related how well a project performs as part of the layered network and achieves the citywide transportation goals related to the anticipated cost to Federal Way of the project. Projects with a good benefit/cost ratio would receive higher scores. Process for Modal Integration The Bicycle and Pedestrian Master Plan provides the framework for the walking and bicycling sections and were considered in developing the Transportation Improvement Plan (near -term) and Capital Improvement Program (long-term). To refine the project prioritization, it is recommended that the "Priority Route" selection criteria be employed. The Priority Route selection criteria would assist in determining the routes with the most need and/or potential benefit of walking or bicycling Bonneville Power Administration (BPA) Trait facility improvement. Priority Routes are also used as part of the multimodal level of service. The following criteria for identifying priority walking and bicycling routes were proposed in the Bicycling and Pedestrian Master Plan: • Suitable for bicycling/walking without improvements • Closes critical gap • Provides/enhances Safe Route to School connection • Collision locations ■ Service immediate safety need • Serves key origins and destinations • Geographic distribution • Right -of -Way available and/or suitable • Interface with other transportation modes Modal Networks The transportation vision for Federal Way is a multi -modal, integrated transportation system where the focus is on user choice and safety. Still, system needs and future projects are best understood at the modal level. This section summarizes the future transportation vision and establishes multimodal level of service standards and Revised 2015 III-46 FWCP - Chapter Three, Transportation concurrency framework for roadways, walking, bicycling, and transit. During the prioritization process, projects were identified that contained multi -modal elements. Street and Highway System Nearly every street in Federal Way's roadway network is used by residents and workers at some point each day to access their homes, jobs, and other destinations. Many of these streets are local streets and do not see significant traffic volumes throughout the day. Similarly, goods movement and delivery vehicles use some corridors frequently while other streets see only the occasional local delivery. Urban areas, such as Federal Way's City Center, benefit from level of service policies that offer flexibility to balance the level of vehicle congestion with pedestrian, bicycle, and transit access. Also, the level of congestion experienced in Federal Way is greatly impacted by state facilities. The level of service policy proposed for the Street and Highway System recognizes this impact to local congestion by adopting an area -wide level of service standard. See Appendix III-D (Transportation System Management) for additional information. To address future roadway needs, Federal Way has adopted the following level of service policy that sets the following standards for the street and highway system: Signalized intersections outside of City Center will experience a 1.2 vehicle -to - capacity (v/c) ratio or lower Unsignalized intersections outside of City Center will experience a 1.0 vehicle -to - capacity (v/c) ratio or lower ■ The City Center area will experience an average of 1.1 vehicle -to -capacity (v/c) ratio or less. The above standards were used to develop the future roadway improvements, which have been incorporated into the City's Street Design Guidelines (see Appendix III -A). The proposed cross-section for each of Federal Way's streets and types of motorized and non - motorized space improvements are provided. These cross -sections will guide future investments in streetscape and layered network objectives. Future State Actions The City's transportation plan is in compliance with the WSDOT's direction and vision. The transportation plan for Federal Way relies on the state in the following action areas: • HOV system completion on I-5 and other freeways. • Implementation of the State System Plan. This plan identifies, in priority order, the need for maintenance, preservation, safety, economic initiatives, environmental retrofit, and mobility (capacity) improvements. The latter may not be fully funded and may therefore affect the implementation of the following WSDOT projects: Revised 2015 III-47 FWCP - Chapter Three, Transportation ■ HOV access improvements, primarily I-5 medians. * Interchange improvements for 1-5 from SR 18 to SR 161. ■ SR 509 extension from Burien along the western and southern sections of SeaTac Airport south to I-5. The SR 509 extension north from Tacoma to the new SR 167 connection on I-5 at Fife. • Continued improvements to monitoring, with possible provision of information systems regarding travel conditions. • Right-of-way acquisition for rail and the above improvements before construction. • The addition of park and ride lots and added capacity for existing ones. • SR 18 improvements east of SR 99 • Advanced vehicle identification (AVI) on SR 99 to provide transit priority. Map 111-13 illustrates roadway locations that do not meet Federal Way's level of service policy. Traffic Safety When considering transportation improvements, enhancements to traffic safety must be considered. Collision information for the past five years is reviewed for intersections and street segments to determine areas that could benefit from safety enhancements. These safety issues can be addressed by implementing the following measures: ■ Identify high collision locations on an annual basis, and identify projects to enhance safety at these locations. • Implement access management measures to reduce turning conflicts in high collision corridors • Enforce intersection sight distance standards to remove vision obstructions on the corners of intersections and at driveways. • Where supported in residential areas, install traffic calming measures. • Educate the public through project open houses and press releases on safety benefits of transportation projects. • Increase enforcement of traffic laws, particularly laws pertaining to behaviors that cause the most severe and highest frequency of crashes. Revised 2015 III-48 FWCP - Chapter Three, Transportation c of Federal Way Comprehensive Plan Map III - 13 2040 Weekday PM Peak Congested Streets and Intersections U. ='° ,Sry d F�yr 11M """° Des Kent Moines S A* � Federal Way n way o-y �h W 312en 5i ate.. PA A �d sy3„n Arg Y/cL—,} 5w 32W, rz �— 8 92 r 1 Au my y'fa i1Nn k 1°1 � ~ \1 `-- �_— 'i ,` • to Tacoma :I i 6W 3Q67p 9L . _ . Legend City Limits * O Potential Annexation Area C_i Federal Way City Center F Congested Corridor Milton • Congested Intersections Fife Edgewood Transportation Flemerit {3I V tll Federal Way M This map is intended for use as a graphical representation. a n s The City of Federal Way makes Mies r►o warranty as to its accuracy - Revised 2015 I11-49 FWCP - Chapter Three, Transportation Regional Growth Center Mode Share Goal For its regional growth centers (RGCs), Federal Way is required to develop mode split targets that align with the policy goals of planning these areas to be more compact and accessible for walking, biking, and transit modes. The following is a summary of and envisioned future mode split targets for commute trips within Federal Way's City Center Regional Growth Center. • SOV — 70% • HOV— 13% • Walk and Bike — 4% • Transit — 13% The non-SOV mode shares reflect the City's goal of accommodating travel by all modes and prioritizing transportation investments within the RGC. These mode share goals also informed the travel modeling performed for this plan to ensure that transportation infrastructure investments align with forecasted travel demand. High -Occupancy Vehicle (HOV) HOV enhancements within the Federal Way planning area will consist of signal priority treatments, exclusive lanes, increased park and ride opportunities, and other improvements to be identified as demand increases. These latter improvements can include separate (preferential) access lanes or roadways. This means utilizing HOV lanes on highways and arterial streets wherever practical, if transit and car pool movements can be enhanced, and optimizing the occupancy rate to move the most people possible. Non -Motorized As part of the Bicycling and Pedestrian Master Plan, several analysis corridors were developed based on previously proposed facilities, public input, and staff input. The analysis assessed appropriate treatments and preferred bicycle facility types along City roadways. The analysis identified opportunities to incorporate bike lanes into certain existing roadways, but found that there are few opportunities to retrofit roadways to include bicycle lanes. A multi -modal level of service (MMLOS) analysis was conducted to examine the link and intersection conditions along existing roadways. This analysis helped stakeholders and City staff make decisions based on how roadway configurations affect all users. The results suggest that while the levels of service vary throughout the City, streets at locations with high traffic volumes, higher traffic speeds, and little separation between pedestrians/cyclists and vehicles scored relatively poorly. Revised 2015 III-50 FWCP - Chapter Three, Transportation In addition, a potential for walking and biking analysis was conducted based on land use characteristics, density of development, and access to transit. The results suggest that the City Center, the Twin Lakes Commercial District Subarea, and their surrounding areas have the greatest potential for active transportation. Improved walking and biking conditions will improve transportation choices, safety, and mobility for citizens who do not have access to a car. It may also have an overall benefit to residents' health. Priority Walking and Bicycling Areas The priority walking and bicycling areas were developed using a potential for active transportation analysis. This includes any method of travel that is human -powered, but most commonly refers to walking and bicycling. The potential for active transportation is commonly measured by considering land use characteristics, density of development, and access to transit. A "heat map" was created by allocating points using the criteria: school, live, work, shop, play, equity, and transit. Map III-14 (Priority Walking and Bicycling Areas) will be used for determining where -investments in bicycling and pedestrian facilities will likely result in the greatest increase in active transportation in Federal Way. Areas that have the greatest potential for active transportation include the City Center, Twin Lakes Commercial District Subarea, and their surrounding areas. Additionally, investment in bicycle and pedestrian facilities in these areas can support economic development by making these areas more attractive to pedestrians and bicyclists and complementary to mixed use infill development. These "Priority Areas" are also used as part of the multimodal level of service. Walking Pedestrian facilities proposed are largely new sidewalk sections. The location of the proposed new sidewalk sections was largely influenced by information the Federal Way School District maintains on recommended walking routes to elementary schools and priority walking and bicycling areas. During citizen engagement, many people commented on the desire to have more sidewalks in their neighborhood specifically related to access to neighborhood schools. Establishing safe and convenient walking routes enables more children to walk to school which improves student health and potentially saves the School District transportation costs where bus routes can sometimes be reduced when safety deficiencies are corrected. A more complete pedestrian network also can support Federal Way's business centers. With better sidewalk connections, residents who live close to business centers may choose to make more trips by foot. Once a person gets in a car, it is easier to decide to drive far away for that cup of coffee or small errand. Making it easier and more pleasant to walk encourages more localized shopping decisions in a community and supports economic development. Revised 2015 III-51 FWCP — Chapter Three, Transportation Building on the Walking and Bicycling Priority Areas (see Map III-14), Table III-5 (Pedestrian Priority Area Level of Services) establishes the level of service standard for pedestrian facilities around the City. The best level of service for walking, indicated in the green row, would provide the proposed facilities exactly as shown, or with greater separation, in the Street Design Rectangular Rapid Flashing Beacon Guidelines (Appendix HTA). The yellow level of service, which meets the basic needs for safe walking around the City, requires sidewalks or shoulders protected by raised curbs on one side of all the streets called out along Pedestrian Priority Areas. Incomplete or missing pedestrian facilities along Pedestrian Priority Areas would fall into the red category and not satisfy the City's level of service for walking. In addition to the presence of pedestrian facilities along a corridor, the City also emphasizes the importance of safe pedestrian crossings. Particularly downtown, at busier transit stops, and within half -mile of schools, the City is looking to provide enhanced crossings at regular intervals. The City has installed Rectangular Rapid Flashing Beacons (RRFBs) at midblock locations to improve pedestrian crossing throughout the City. Table III-S Pedestrian Priority Area Level of Service (LOS) 0 1 Pedestrian facility as indicated in the Street Design Guidelines Provides a lower -level facility than recommended in the Street Design Guidelines - I No pedestrian facility provided I Bicycling The proposed bicycle facilities consist of a variety of facility types that are dependent on the existing configuration and function of the City's roadways. Where possible, bike lanes are proposed, but these popular solutions are limited in Federal Way where there are few cross-town connections and lots of competition for pavement width with virtually all motor vehicle traffic being necessarily funneled into these few corridors. Revised 2015 III-52 FWCP - Chapter Three, Transportation Map III - 14��.: City of Federal Way Walking and Bicycling Comprehensive Plan Priority Areas Des Kent Manes Z, •r Ptzw n r sMIAS.. i - ��• Federal � °= :wayl ,� � _ JIYIIt�n3t .•. -- ufr,i,� ?Jtlt 37N 30M 4 iW �h It "1F�4 _ •"�I I� - � " . AEI wit l:'iV. MINN X :•. f k • T 40 Tacoma \\ _ iceAWr y 1 -- Legend City Limits ^66, M Potential Annexation Area^ f� Active Transportation Potential . f High Potential s Low Potential Ml1ton r Ci Edgewood z Transportation Element crrr ar Federal WayThis map is intended for use pie: " as a graphical representation. a u E The City of Federal Way makes ®Mieq no warranty as to dts accuracy_ Revised 2015 III-53 FWCP - Chapter Three, Transportation Building on the Walking and Bicycling Priority Areas (see Map III-14), Table III-6 (Bicycling Priority Area Level of Services) establishes the level of service standard for bicycling facilities around the City. The best level of service for bicycling, indicated in the green row, would provide the proposed facilities exactly as shown, or with greater separation, in the Street Design Guidelines (Appendix III -A). The yellow level of service requires some sort of bicycle infrastructure on streets called out along Bicycling Priority Areas. At a minimum, these facilities would be signed bike routes. Incomplete or missing bicycle facilities along Bicycling Priority Areas would fall into the red category and not satisfy the City's level of service for bicycling. Table III-6 Bicycle Priority Area Level of Service (LOS) Proposed Facility Networks Maps III-15 and III-16 summarize the future bicycle and pedestrian facilities, respectively. The following pedestrian and bicycle facility types are proposed. • Bike Boulevard (also called Greenways): Low -volume and low -speed (typically residential) streets that have been optimized for bicycle travel. Bicycle Boulevard treatments can be applied at several different intensities. • Shared Use Path/Trail: These provide a desirable facility and recreational trips, particularly for novice riders and for cyclists of all skill levels preferring separation from traffic. Shared use paths generally provide new travel opportunities. ■ Shared Lane Marking: Also called "sharrows," shared lane markings are pavement markings used to indicate shared space for bicyclists and motorist on low volume streets that do not have room for bike lanes. • Wide Shoulder: Typically found in less -dense areas, shoulder zones are paved roadways with striped shoulders wide enough for pedestrian and bicycle travel. • Bike Lane: Marked space along a length of roadway designated with paint for the exclusive use by bicyclists. If there is space available, some bike lanes can be buffered with a wider (a minimum two -foot) pavement marking. ■ Enhanced Shared Sidewalk: Shared bicycle and pedestrian facility adjacent to, but separated from, the roadway. Designed to function similar to a shared use path. Revised 2015 III-54 FWCP - Chapter Three, Transportation City of Map III -15 Federal Way Comprehensive Plan Planned Pedestrian Facilities WW Chbt fps VY ! W� "` �+�ri•96M2 Des Kent Moines... 4 PWW sma deral, l - �' ay , � � 8 ,Oath g � 6'W 3i22hSt atxtt at War P f Vol' . sw 32flth S! Srr'�.ch =1 r � �2em x . A[r i•aaa�l '� �s b3elh i� ;six Tarr' i#oiQ $ 33O1D. 9t f m Q � � t Tacoma r3 n t ROW � t aw asset i � q W f Legend 0 City Limits � Potential Annexation Area, Planned Trail - Milton Planned Sidewalk _ ,` "� Edgewood Fife Transportation FlernarR [IrY :'. 4k Federai Way w This map is intended for use �. as a Ph� ra ical reP resenta6m. 9 a a-s The City of Federai Way makes :ts�+d-1m�a LP 7mmhatsfY�Mm_M�!_P�ma ® hies rto warranty as to its accuracy - Revised 2015 III-55 FWCP - Chapter Three, Transportation City o Map III -1 fi Federal Way Comprehensive Plan Planned Bicycle Facilities GydR.i/MM 018 DrVft �Mwe= Des Kent Mores y 4 f MIL Federal ay Q Au ti r y s 0 �ym 4. Tacoma S PA A Legend - City urrids Potential Annexation Area i Planned Bicycle Facility Paved Trail Bike Lane Bike Botdevard� Shared Lane Mark .nes Milton Er>tmced Shared Sidewak rrarsponafion Element CIrY �� Ask,.,Federal flay N -this snap is intended for use �� as a graphical representation. n u E I The City of Federal Way makes Wes no warranty as to its acmiracy- Revised 2015 III-56 FWCP — Chapter Three, Transportation Sidewalk Infill/Repair: Completing sidewalk gaps greatly improves pedestrian connectivity by providing a continuous, barrier -free walkway easily accessible for all users. • Accessway: Simple connectors provide direct routes between residential, retail, and office areas. Citizens indicated the greatest preference for facilities separated from vehicles or having clearly designated pavement area exclusively for bikes. However, the opportunities for designated bicycle lanes and separate shared use facilities are limited or expensive. As a result, bicycle boulevards are a key element of building a complete bicycle network in Federal Way. Due to limited resources, the development of the walking and bicycling network will require further review and establishment of priorities for the near term. The following 2011 planning level estimate costs were developed to help determine the relative scale of investment that will be necessary to implement all of the identified facilities. A summary of projects costs to complete the walking and bicycling layered network, per the Bicycling and Pedestrian Master Plan, is presented in Table III-7 (Non -Motorized Improvement Costs). Table III-7 Non -Motorized Improvement Costs 7idewalkNetwork $62 million for facilities on 61 miles roadwa a rox. 320,000 linear feet) twork $21 million for facilities on 16 miles (84,000 linear feet Bicycle Network $57 million for facilities on 71 miles of roadway 374,000 linear feet) Crossing Modifications $4 million for modifications at 21 intersections along 320th and 348th/Cam us Drive. Transit While the City itself does not operate transit, corridors that are welcoming to transit and have appropriate supportive amenities can encourage residents and employees to use transit. This could lead to additional service hours from transit providers such as King County METRO, Pierce Transit, and Sound Transit. The Transit Priority Corridors identifies the corridors that the City should focus their efforts on and is shown in Map III47 (Transit Priority Corridors). The City can enhance transit use by offering: • Street lighting • Safe routes for accessing transit stops • Transportation System Management approaches to enhance transit speed and reliability Revised 2015 I11-57 FWCP - Chapter Three, Transportation City of Map III -17S Federal Way iority Corridors Comprehensive Plan Ti it Pr Des Kent Moines PWW Sofmd r• � XU41 s_ � 9 � n "federal s Way i 53priA 5t o , --,N—rWAY SW'+IabSt .. Qault:St A P.4AA �y iFedEUpl way 51y 32M Se _ ttM S:iO[n Zt 3 1iU W SQ ' - Aul ==inn = a n 4d^*t'xwr 5W. 333ELL 5t firr mn — Likes PAR Tacoma_ , 53L7C1 r BW3%A3t T PA + Legend = City Limits O Potential Annexation Area Transit Priority Network Milton Fife Edgewabd Trarrsportabon Element ctrr ai Federal Way This map is intended for use as a representation. graphical reP u 5 The City of Federal Way mattes know Wes no warr,�nc is to cs Revised 2015 III-58 FWCP — Chapter Three, Transportation Federal Way's transit level of service is based on the passenger amenities provided at transit stops along Transit Priority Corridors. The transit level of service is determined using a transit agencies policy for the types of passenger amenities provided at transit stops based on the number of passengers accessing the stop. Where more than one transit agency accesses a transit stop, the highest level of amenity provision should be considered the standard. Optionally, the level of service for transit priority corridors could be expanded to consider pedestrian access and the quality of transit service. The City can achieve the green level of service standard by having over 80% of transit stops meeting amenity minimum provided along transit priority corridors. The yellow standard, which the City will adopt as its minimum target, can be achieved with more than 60% of transit stops meeting minimum amenity provisions. Transit Priority Corridors with less than 60% of transit stops meeting the minimum amenity provision would fall into the red category and not satisfy the City's level of service for transit. Federal Way's measurement of transit level of service is summarized in Table III-8 (Transit Priority Corridor Level of Service). At the time of this update, Pierce Transit, King County METRO, and Sound Transit are undergoing updates of their long range plans. Table 111-8 Transit Priority Corridor Level of Service (LOS) s a•. , s , More than 80% of Sidewalks and pedestrian All day frequent service; transit stops meet crossing•opportunities adequate parking at park -and - amenity minimum serving stops rides and stations provisions More than 60% of Sidewalks and pedestrian Peak period service; insufficient transit stops meet crossing opportunities parking at park -and -rides and amenity minimum serving some stops stations provisions • Less than 60% of transit stops meet amenity General lack of sidewalks and pedestrian crossing N/A minimum provisions opportunities *Amenities include bus stop shelter, bench, flag post, and/or concrete waiting area; these amenities are determined based on the number of people using a transit stop as defined by a transit agency +Consider the adequacy of parking provided at park -and -rides and transit stations Freight and Goods With the enhancement of neighborhood centers, truck deliveries may increase as - consumer activity shifts to these areas. While localized neighborhood intrusion is unlikely, isolated cases can be managed using traffic calming techniques. Where pavement, bridge, and neighborhood traffic management systems, or planned land uses indicate that roadways cannot handle truck traffic, designated truck routes will be adopted to protect existing investments and assure continued quality of life. Revised 2015 III-59 FWCP - Chapter Three, Transportation To accomplish effective planning and management of freight and goods movement in the area, traffic monitoring (volume counts) will include vehicle classification, allowing the patterns of use to be better understood. Another technique that can be employed to assure adequate consideration of truck needs is the involvement of those industries and businesses generating the traffic in roundtable discussions. Regional Activities The only trucking center in Federal Way is Ernie's Center on SR 99 at South 330`' Street. This facility caters to the movement of freight and goods by offering fuel. Looking toward the future, several regional road projects may affect freight and goods movement through the area. Improvements along I-5, which will make truck traffic more efficient, include truck -climbing lanes in the Southcenter area. At present, there are major points of delay for peak hour traffic. Trucks arriving on I-5 and on SR 18 just east of I-5 from SR 167 have problems since they are not able to approach the hill climb at posted speed and delay other travelers. Perhaps one of the most significant regional improvements is the enhanced connection of SR 167 with I-5 at Fife and into the Port of Tacoma. The current industrial development in the area of the Port of Tacoma masks the growing importance of the Green River Valley, both as a transportation corridor and as a generator of freight and goods movement. Increasing accessibility to the SR 167 corridor will provide an alternate route for truck based freight and goods movement. SR 509 is being studied for consideration of an extension, tying back to I-5 at South 210" Street. This route will open an alternate route to the Port of Seattle's international freight facilities, as well as to provide access to the airport industrial complex. To the extent that this new route's design considers impacts to I-5, SR 99, and local street system in Federal Way, it provides great benefit to Federal Way. Other long range actions that will affect freight and goods movement in this north/south corridor include Intelligent Traveler Service (ITS) --with improved (truck) vehicle identification, and commuter rail service in the Green River Valley. ITS features will be incorporated into the "high tech" I-5 corridor being designed under the WSDOT's Venture Program. Advanced communication systems will allow better detection of slow -downs, accidents, and even hazardous vehicles moving through Federal Way, which certainly affect the City's local residents traveling these regional facilities. To the extent that commuter rail service in the Green River Valley can avoid impacting freight and goods movement, it is viewed as a positive step in the direction of providing high capacity transit to the south end of the region. Care must be taken to avoid forcing a shift in cargo carrying capacity from rail to truck in the south county corridor. Highway commuter needs warrant keeping this "traffic" on rails. Consistent with the requirements set at the federal level, PSRC and WSDOT are focusing increased efforts towards understanding freight and goods movement and identifying solutions to problems faced by local, regional, state, and international shippers. Using Revised 2015 III-60 FWCP - Chapter Three, Transportation studies by the Port of Seattle and WSDOT, PSRC and the Economic Development Council have established a Freight Mobility Roundtable. The Roundtable brings together key carriers, producers, and consumers, as well as nationally recognized consultants on the topic. This effort is seen as setting the pace for other areas around the country. The Roundtable efforts will be linked with a series of other efforts by the Regional Council, including: ■ Building a commodities flow database; • Identifying current and future problem areas that inhibit or restrict the effective movement of freight and goods; • Recommending road, intermodal, and other system improvements to address these problems, while meeting federal and state Clean Air Act strictures; and • Developing planning guidelines for use at the local level. The benefits of supporting these regional activities will be maintenance of accessibility for City residents and businesses. Transportation System Management Transportation Systems Management (TSM) focuses on maximizing use of the existing systems travel capacity. Its focus is to identify ways to manage the transportation system (usually streets and highways, from a local agency perspective) to maximize the carrying capacity of existing facilities. Federal Way outlines their approach for futures transportation system management in their Intelligent Transportation Systems (ITS) plan. These plans define the application of technology to address transportation problems such as congestion, safety, and mobility. As outlined in the ITS Plan, the City has an ever-expanding communication network with plans to create a robust Traffic Management Center (TMC) and a secondary Satellite Management Center. The plan provides a framework to complete gaps in the communication network, install traffic monitoring capabilities, increase staff resources, and increase collaboration with the following entities: • WSDOT • King County ■ Transit Agencies (King County METRO, Peirce Transit, Sound Transit) ■ Adjacent Cities • Valley Communications ("ValleyCom") ■ Participants of the City of Federal Way Emergency Operations Center As the ITS program grows to include more technology and extended interagency coordination, the Federal Way Public Works Department that oversees and operates these projects will periodically update the ITS Master Plan, included in Appendix HI-D, and Revised 2015 III-61 FWCP - Chapter Three, Transportation evaluate changing needs and technology. The plan documents current needs and provides a strategic plan for completing proposed ITS projects and programs. Commute Trip Reduction (CTR) Plan The City's Commute Trip Reduction (CTR) plan and Transportation Demand Management (TDM) strategies should be updated to reflect new legislation and to be aligned with PSRC's Regional Transportation Demand Management (TDM) Action Plan. The goal of the Federal Way CTR plan is to increase non drive -alone trips in the 2019-2020 timeframe to 24.4% and reduce vehicle miles traveled by approximately 11% and greenhouse gas emissions (GHG) by approximately 22% among major work sites. Building upon the success of the existing commute trip reduction program, the City strives to meet the goals of the plan for the future by working in partnership and coordination with other agencies and employers. Commute Trip Reduction (CTR) Recommendations The following recommendations are made for Commute Trip Reduction (CTR): 1. Encourage voluntary expansion of the CTR Program to employers of less than 100 employees as funding allows. The encouragement by employers may be as diverse as subsidized bus passes, car pool space priority, bike racks, shower facilities, van pools, car pool information access, telecommuting, variable work hours, etc. 2. Facilitate enhancements to the HOV System. This may include the acquisition of property for HOV lanes, construction of arterial HOV lanes on City arterials and state highways, and priority treatments for buses at traffic signals. At the very least, opportunities to support improved access to the state system of HOV lanes should be identified and supported. 3. Increase density of land uses and encourage a mix of uses to locate near bus routes, park and ride lots, and transit centers through the adoption of the FWRC and its supporting zoning. This policy is vital to the creation of a regional bus and rail system and will also be an effective way to reduce traffic congestion and air pollution. 4. Enhanced pedestrian and bicycle access and security in the City Center, neighborhood shopping areas, and multifamily nodes. 5. Improve pedestrian and bicycle access to bus routes and transit centers. This can be a requirement of subdivision development and redevelopment. The City may need to acquire easements and construct trail connections. Development incentives could be granted for providing such amenities that are pedestrian, bike, and transit friendly. 6. While bicycle, pedestrian, and bus transit services and facilities may be desirable for other reasons; they should not be looked on as highly cost-effective strategies to the exclusion of those actions listed above. Revised 2015 III-62 FWCP - Chapter Three, Transportation 3.6 NEAR -TERM AND LONG-TERM PROJECTS This chapter presents the Transportation Improvement Plan (near -term) and Capital Improvement Program (long-term) which forms the basis of this Transportation Chapter. Collectively, they add up to over $ 1 billion in transportation projects to be constructed over the next few decades. For planning purposes, the near -term Transportation Improvement Plan (TIP) represents years 0 to 6 (2016-2021) and is financially constrained to only those projects that could realistically receive funding over the next six years. It is unlikely that all of the projects on the six year list would receive funding because they total over $257 million. Projects included on the Six -Year Project List are considered community priorities that the City would move forward in the near -term should funds become available. The TIP counts on strong coordination with other agencies to help finance needed improvements on the state highway system, facilities in adjacent jurisdictions, along with expanded transit services provided by METRO. These projects provide a starting point for the City in developing its financial constrained Six -Year TIP, which is updated every year and is developed based on more updated knowledge related to project feasibility and funding availability. The long-term Capital Improvement Program (CIP) list (7-20+ years) reaches out to and potentially beyond the 2040 year time horizon and represents important projects that tend not to have identified funding, or are only necessary to address future growth. The TIP and CIP were developed to create a transportation system that realizes Federal Way's ultimate transportation goals: • Goal 1: Maintain mobility through a safe, balanced, and integrated transportation system. ■ Goal 2: Be fiscally and environmentally sustainable. • Goal 3: Enhance community health, livability, and transportation by providing a connected system of pedestrian, bicycle, and transit ways that are integrated into a coordinated regional network. • Goal 4: Support the City's land use vision and plan. • Goal 5: Develop and implement transportation systems management strategies and programs that contribute to the overall effectiveness of the multimodal transportation system. Goal 6: Be an active partner by coordinating with a broad range of groups to help meet Federal Way's transportation goals. With these goals in mind, as well as completing the layered network, the respective project lists were developed. Revised 2015 III-63 FWCP — Chapter Three, Transportation The Six -Year Project List, Table III-9 (Transportation Improvement Plan — 2016 to 2021) seeks to maintain concurrency, focus on projects that provide the most benefit to Federal Way residents, and leverage outside funds to the maximum extent possible. Map III-18 (Transportation Improvement Plan 2016 — 2021) displays the locations of these projects in Federal Way. None of these projects conflict with the goals listed above. It is recognized that the availability of outside funds is not always predictable. As a result, any of the projects on the near term list are high priority projects that the City would consider moving forward should funding become available. Table III-9 Transportation Improvement Plan (TIP) — 2016 to 2021 Capital Projects - _ Description Update environmental documentation for modified la Citv Center Access Phase 1 access at S 320d' St & S 3241h St Tsui AV 2,500 lb Citv Center Access Phase 2 Add HOV lanes on S 3201h St, realign ramps in SE quadrant 132,109 2 10' Ave SW P, SW Campus Dr Add SB right -turn lane 1 229 3 SW 3441h St: 121 Ave SW - 2 1 " Ave SW Extend 3 lane principal collector with bike lanes, sidewalks illumination 10.164 4 1,' Ave S A, S 328'h St Install raised median, improve access at 328'h 1.897 5 S 320" St (c, 20'h Ave S Add 2"d left -turn lanes EB, WB 2.856 6 SR 99 S 3121h St Add 2"d left -turn lane NB 6.708 7 S 3041h St (&, 28'h Ave S Add NB right -turn lane, signal 2,371 8 S 352"d St: SR 99 - SR 161 Extend 3 lane principal collector and signal at SR-99 5,619 9 SW 32011 St (@. 211 Ave SW Add 2"d WB left -turn lane, Interconnect to 261h Ave SW 6,169 10 SW 320'h St (d 47'h Ave SW Install traffic signal 569 11 S 3121h St (a) 28" Ave S Add SB right -turn lane 771 12 SW 336" Wy / SW 3401' St: 2611 PI SW - Hoyt Rd Widen to 5 lanes, add signal at 26`h PI SW 21.821 13 S 3561h St: SR 99 - SR 161 Widen to 5 lanes, bike lanes, sidewalks, illumination 6,112 14 S 3561h St (a) SR 161 Add 2nd NB Left to SR 161 - support phase of Triangle Project 4.100 15 S 320" St & 19 Ave S Add EBL, WBL, WBR, NBT, SBR; widen to 5 lanes N to 3161 or Alternative Measure 10.460 16 S 3441h Wy & Weyerhaeuser Wy S Roundabout 1.763 17 SR 99 HOV Lanes Phase 5: S 3401h St - S 3561h St Add HOV lanes, install raised median; roundabout at 34011 St. turn lanes at 348'h 17.600 18 Citywide Traffic signal modifications 914 19 S 2881h St: Military Rd S — I-5 Overlay 637 20 S 3241h St: SR 99 — S 322"d St Overlay 871 21 161h Ave S: S 344" St —S 348'h St Add SB auxiliary lane 6.105 22 itywide Implement Adaptive Traffic Control Svstem 1,000 �•I-I �'� *Costs in 2016 and representi of dollars. Revised 2015 III-64 FWCP - Chapter Three, Transportation Map III - 18 MW O.W AP12 39R! Fftw Vft City Of Otr ce can Mft 5 2016-2021 �m Federal Way Fb.W Vgo= Comprehensive Plan Transportation Improvement Plan Des Kent Mokies, 0 RqW saved d- federal federal y Wa 2 Way PIA oot -W 32M, S! 5 let _I;r Aut � NY V) Tacoma lay PA A Legend City Limits Potential Annexation Area 0 Street Improvements Couridor Improvement F Non -Motorized lffpmvement Milton overlay Improvement 0 Edge" 0 Fife p Transportafion Ekynent 4 ciryui Federal Way -` This map is interKied for use N as a graphical representation. 0-5 1 The City of FederEd Way makes W, tW®Wes no warranty as to its accuracy - Revised 2015 111-65 FWCP - Chapter Three, Transportation Table III-9 (Continued) ID 23 Non-Moterized Location- S 314d' Si: 201' Ave S — 23'd Ave S Capital Projects Description Install sidewalks, ADA ramps, curbs & gutter, pedestrian improvements 3,345 24 V Ave S: S 292"d St — S 3121h St Shoulder improvements 3,770 25 S 3361h St: SR 99 — 20d' Ave S Install sidewalk on north side 639 26 2 V Ave S: S 3161h St — S 3201h St Install sidewalk on west side 1,356 27 SR 509: llch PI S — 161h Ave S Install sidewalk on south side 1,500 28 Citywide Pedestrian Safety Install mid -block crossing treatments 640 29 201h Ave S & S 316`h St Install sidewalk on east and south sides 395 letorized Capital Prej TOTAL CAPITAL PR The full list of projects that the City would like to complete during the 20 year planning horizon (including the six year projects) are shown in Table III-10 (Capital Improvement Program — 2016 to 2040) and illustrated in Map III-19 (Capital Improvement Plan). While all of these projects would help complete the layered network and realize the City's transportation vision, many are deemed to be longer -term. Table III-]0 Capital Improvement Program (CIP) — 2016 to 2040 .T Capital Project List 95-17 SR 99: S 3401' St - S 3561h St: Construct HOV lanes, install raised median; roundabout at 3401' St. turn lanes na, 3481h 07) 17.600 97-01 SW 3361h Wv / SW 3401h St: 26" PI SW - Hoyt Rd SW: Signal Coordination 283 92-18b SR 161 @ S 356d' St: Add NB left -turn lane, EB right-tum.lane, or install roundabout(141 4.100 92-18a S 35611 St: SR 99 - SR 161: Widen to 5 lane, bike lanes, sidewalks (13) 6.112 16-22 S 352"d St: SR 99 - SR 161. Extend 3 lane principal collector and signal at SR-99 (8) 5.619 16-23 Citywide: Traffic signal modifications (18) 914 16-24 Citywide: Implement Adaptive Traffic Control System (22) 1.000 16-25 101 Ave S: S 344' St - S 3481h St: Add SB auxiliary lane (21) 6.105 16-19 1n Ave S 0, S 3281 St: Install raised median, improve access at 3281h 4 1.897 16-20 S 320d' St (cry. 201h Ave S: Add 2"d left -tam lanes EB, WB (5) 2.856 16-21 Citywide Pedestrian Safety: Install mid -block crossing treatments 28 640 16-26 S 304d' St na. 28d' Ave S: Add NB right -turn lane, signal (7) 2.371 Revised 2015 III-66 FWCP - Chapter Three, Transportation Table 111-10 Capital Improvement Program (CIP) — 2016 to 2040 r 1 94-1 Ob SR 509: 9" PI S - 1611 Ave S: Widen to 5 lanes signal at 0 PI S 8.794 07-06 151 Ave S A SW 30111 St: Install signal or roundabout 404 16-11 81h Ave S a S 3201' St: Add left -turn lanes NB, SB 485 16-13 S 3241 St Interchange: Extend 5-lane minor arterial to 32"d Ave S 134,587 07-07 1' Ave S (cil S 308d' St: Install signal or roundabout 404 07-04 Military Rd S S 2961h Pl: Install si nal or roundabout 404 16-18 16" Ave S A S 34151 PI: Add signal 404 16-01 SR 99 (a� S 2881h St: Add NB right -turn lane 452 98-32 1311 PI S: S 330" St - S 33211 St: Extend 3 lane collector 4,797 94-24 14" Ave S: S 312" St - S 31611 St: Ring Road extension 5,472 93-08 S 316" St: SR 99 - 1 Ph PI S: Ring Road extension 8,291 01-05 SR 99 S 312d' St: Add 2"d NB left -turn lane (6) 6,708 07-22 161h Ave S: SR 99 - SR 18: Add HOV lanes 22,384 02-01 City Center Access (Phases 1 and 2): S 3201 St @ I-5 Bridge Widening: Add HOV lanes through interchange, reconstruct SE quadrant of interchange to realign ramps (l a & lb) 134.609 10-01 S 373`d St nn. SR99: Add Signal or roundabout or two-way left -turn lane 482 05-03 Weyerhaeuser Wy S Q S 344d' W : Install roundabout (16) 1.763 05-01 SR 509 (a 41h Ave S: Install roundabout 1.009 07-03 30th Ave S (d S 288'h St: Install si al or roundabout 404 98-1 Oc 10d' Ave SW na SW Campus Dr: Add SB right -turn lane 2) 1.229 16-09 SR 99 a, S 312'h St: Add 2nd left -turn lane EB, WB, and WB ri ht-tum lane 1.696 02-04 SR 18 (a). SR 161: Add Yd thru lane NB, SB. Yd left -turn lane NB, SB 12,210 98-07 SW 3361, v / SW 340d' St: 261h PI SW - Hovt Rd SW: Widen to 5 lanes (12) 21.821 98-15 Military Rd S: S 2881h St - S 304' St: Widen to 5 lanes 23,450 07-01 S Star Lake Rd (a, 25' Dr S: Install signal or roundabout 404 16-02 Military Rd S @ S 2881h St: Add 2"d left -turn lanes and right -turn lanes eastbound and westbound 2.326 98-10a SW 3441h St: 12" Ave SW - 2Is' Ave SW: Extend 3-lane principal collector with I bike lanes, sidewalks (3) 10.164 99-02 S 3201h St @ I" Ave S: Add 2" d left lanes all legs, WB, SB right -turn lane, widen 151 Ave S to 5 lanes to S 3161' St (15) 1 OA60 98-01 S 3041' St SR 99: Add left -turn lanes on 3041' 1.454 10-01 S Star Lake Rd: (cD Military Rd S: Add right -turn lane on S Star Lake Rd 401 16-15 16-16 SR 99 @ S 324' St: Add 2"d left -turn lanes NB, SB, and NB right -turn lane 2155 Ave SW @ SW 336" St: Add 2"d left -turn lanes NB, SB, and SB right -turn lane 3,052 3,052 00-12 S 3081' St: 141h Ave S - 181h Ave S: Widen to 3 lanes 3,198 Revised 2015 III-67 FWCP — Chapter Three, Transportation Table III-10 Capital Improvement Program (CIP) — 2016 to 2040 16-17 S 3361 St: SR 99 - 201 Ave S: Widen to 5 lanes, add 2`11 left -turn lanes EB, WB (a� SR 99 3,721 98-34 2111 Ave SW @ SW 3201h St: Add WB left -turn lane, interconnect to 261 Ave SW 9 6,169 92-22 V Ave S: S 34811 St - S 3561h St: Widen to 5 lanes, add 2"d SB right -turn lane @ 356th 7,213 93-09 1" Ave S: S 3661h St - SR 99: Extend 2-lane road, signal or roundabout at SR 99 7,550 98-05 S 324" St: SR 99 - 231d Ave S: Widen to 5 lanes 10,552 92-20 4711 Ave SW @ SW 32011 St: Signalize 10) 569 95-07 S 2881h St: I9th Ave S - Military Rd S: Widen to 5 lanes 12,364 93-07c 2151 Ave SW: SW 3441h St - SW 3561h St: Widen to 5 lanes, add 2nd SB right -turn lane 3561h 21639 92-14 Military Rd S: S Star Lake Rd - S 288th St Widen to 5 lanes, sidewalks, and illumination 35,456 16-10 23`d Ave S: S 3161h St - S 3171h St: Add NB lane 678 16-12 I ph Pl S (a, S 3201h St: Add 2"d NB left -turn lane 678 00-02 28" Ave S @ S 31211 St: Add SB right -turn lane 11 771 07-14 23,d Ave S , S 320" St: Add SB left -turn lane, NB thru and right -turn lanes 8,705 98-13 SW 3441h St & 351h Ave SW: 215t Ave SW - SW 340th Street: Bike lanes, sidewalks 12,360 10-01 Military Rd S , Camelot: Roundabout 1.392 O1-03 SR 509 P, 261h PI SW: Add WB left -turn lane 1,017 07-05 Military Rd S g S 2981h St: Install signal or roundabout 404 14-01 Weyerhaeuser Wy S: S 3361h St - 33td PI S: Widen to 5 lanes 2,826 92-23 S 3041h St: SR 99 - 281h Ave S: Widen to 3 lanes 11.513 16-03 SR 509 (d, SW 30151 St: Add WB right -turn lane 226 16-14 S 324" St: I I1h PI S - SR 99: Widen to 5 lanes 1,809 07-12 61h Ave SW A SW 3201h St: Install signal or roundabout 404 07-18 Military Rd S 4, S 3281h St: Install signal or roundabout 404 92-06b S 356th St: 1st Ave S - SR 99: Widen to 5 lanes 16,416 98-20 S 3121h St: P Ave S - 141 Ave S: Widen to 5 lanes 28,726 07-20 SW Campus Dr: 151 Ave S - 21" Ave SW: Add HOV lanes 63.956 16-07 SR 509 SW 3121h St: Add 2"d WB left -turn lane 904 93-12 SR 509 , 471h Ave SW: Install roundabout 1,009 05-04 S 312" St a, 18" Ave S: Install signal 404 98-17 S Star Lake Rd: S 272"d St - Military Rd S: Widen to 3 lanes (see 10-1) for intersection improvement 9,327 98-39 1' Ave S: SW 301n St - SW 3121h St: Widen to 3 lanes 11,725 98-24 Hovt Rd SW: SW 320th St - SW 340" St: Widen to 3 lanes 12,059 93-07a 2151 Ave SW: SW 312" St - SW 320" St: Widen to 5 lanes 12,364 Revised 2015 III-68 FWCP - Chapter Three, Transportation Table III-10 Capital Improvement Program (CIP) — 2016 to 2040 Project Number Project Description SR 509 A SW 308" St: Install roundabout Cost (2016 F 1,346 16-04 16-05 SR 509 , SW 3061h SU12'h Ave SW: Install roundabout 1,346 16-06 SR 509 16'h Ave SW: Install roundabout 1,346 16-08 81h Ave SW (cry SW 3121h St: Install roundabout 1,346 94-11 S 308'h St: 5" PI S - 81h Ave S: Extend 2-lane street 1,938 07-13 SR 99 S 3201h St: Add NB right -turn lane 2,883 98-23 47" Ave SW: SR 509 - SW 3181h St: Widen to 3 lanes 5,034 98-14 S 2881 St: Military Rd S - I-5: Widen to 5 lanes 11,541 94-10a SR 509: 1'' Ave S - 91h PI S: Widen to 3 lanes 15,634 94-17 SR 509: is' Ave S - 161h Ave SW: Widen to 3 lanes 29,846 05-02 City Center Couplet: S 3161h SUS 324'h St: 111 P1 S - 23'd Ave S: Restripe for clockwise couplet 808 07-02 SR 99 (a, S 288" St: Add EB left -turn lane 1,131 07-15 251h Ave S A S 3201h St: Add 2nd EB left -turn lane, NB right -turn lane 13,001 98-18 28" Ave S: S 304t' St - S 31711 St: Widen to 3 lanes 16,416 98-57 SR 509: 301h Ave SW - 47`h Ave SW: Widen to 3 lanes 18,760 98-58 SR 509: 471 Ave SW - West City Limits: Widen to 3 lanes 23,450 07-19 15' W S (a S 3361h St: Add 2nd SB left -turn lane 7.365 98-30 1011 Ave SW , SW 3341h St: Signalization or roundabout 404 11-01 2111 Ave S Q, S 3201h St: Install signal 404 98-26 S 3201h St n. 51h Ave S: Signalization 404 00-07 S 3481h St a. 91h Ave S: Add 2"d SB left -turn lane 2,326 92-12 41h Ave S: S 3121h St - S 316'h Pl: improve vertical alignment 3,1978 95-02 S 3121h St: 23,d Ave S - 281 Ave S: Widen to 3 lanes 7,461 98-31 SW 3561h St na 131h Wy SW/14t' Ave SW: Si nalization 404 07-16 Military Rd S na. S 3201h St: Add 2"d NB left -turn lane 5.620 98-29 SW 3201h St A 11'h Ave SW: Si nalization 404 14-02 SR 509 (4, 30'h Ave SW: Install roundabout 1.009 98-28 SW 320" St n, Th Ave SW: Signalization 404 98-19 S 308'h St: 81 Ave S - 14'h Ave S: Install curb, gutter, sidewalks 5,330 92-11 SW Campus Dr: V Ave S - 7d' Wy SW: Widen lanes/sidewalk 2,073 00-16 SR 99 (a) S ring Valley Montessori School: Add NB left -turn lane 6.977 95-20 Military Rd S: S 3201h St - SR 18: Widen to 3 lanes 38,373 Revised 2015 III-69 FWCP - Chapter Three, Transportation -- - 00-06b S 3141' St: 20' Ave S - 23,d Ave S: Add sidewalks and street lights (23) 2.665 98-41 1" Ave S: S 292"d St - S 3121 St: Shoulder improvement (24) 3.770 16-30 S 336" St: SR 99 - 201' Ave S: Add sidewalk north side (25) 639 16-29 219 Ave S: S 31611 St - S 3201' St: Install sidewalk on west side (26) 1.356 16-27 SR 509: 1 Ph PI S - 161' Ave S: Install sidewalk on south side (27) 1.500 16-28 201h Ave S & S 3161' St: I nstall sidewalk on east and south sides (29) 395 98-39 9t' Ave S: S 332"d St - S 3481" St, Widen for Bike Lanes 15.634 98-42 S Park & Ride Trail: SR99 a 352"1 - S 3481" .a 9'": Extend -frail 1,493 22-01 S 319'" PI: PVI: 41'.n S - 21 " Ave S: Install sidewalk on south side 750 22-02 BPA Trail Extension: Celebration Park- Federal Way TninNit Cenlix Install multi -use 7, 000 path on north sidc of S 324" Sirret and twst side of 23`d Ave S 22-03 SR 99: S 3361" St - S 3591" St: Install buffered bike lanes 10.000 22-04 SR 99 ul S 3481" St: Non-mownzrd ,afet� im roN nnrnls 200 22-05 SR 18 (a) SR 161: Non -motorized safety improvements 200 22-06 SR 161 a S 352nd St: Non -motorized safety improvements 200 22-07 SR if 1 a SR IS Wetitbuurid Itarn s: Non -motorized sale 200 22-08 SR 161: SR 18 - Milton Rd S: Construct buffered bike lanes 5.000 22-09 S 3591" St Stairway: Construct titsirna umncctin , S _ �W" St d5d S1t 161 2.500 22-10 S 3591" St: SR 99 - 16d' Ave S: Construct sidewalks 4,000 22-11 16d' Ave S: S 3591" St - S 364' St: Construct sidcwalk ❑n east ide 1.000 22-12 Milton Rd S: `R 161 - S 3691" St: Construct sidewalk and bike lane on west side 1,500 22-13 North Fork West Hvlebos Trail: S 359" St- 81' Ave S: Construct trail and boardwalk 1.000 22-14 S 3601" St Or, I-5: Construct noti-motorized crossiiio 1-5 6 000 i d Provision of transportation facilities and services requires the timing of new projects to meet the needs of the community. At the same time, existing facilities must be maintained and the public's investment protected, maximizing the life of the infrastructure. The purpose of this section is to describe various strategies available to the City to implement the preferred transportation and land use plan. Revised 2015 III-70 FWCP - Chapter Three, Transportation The preferred plan proposes a balanced investment among modes of travel, providing mobility options and increasing the commitment to travel by transit, ridesharing, bicyclists, and pedestrians. The implementation plan for Federal Way focuses on the next six -year time period within which to forecast needs and to identify reliable options for transportation funding. Financing The purpose of a transportation financing strategy is to develop an adequate and equitable funding program to implement transportation improvements in a timely manner. Without adequate funding the transportation plan cannot be implemented in an efficient and cost- effective manner. The financing program recognizes various user groups and modes. Revised 2015 III-71 FWCP - Chapter Three, Transportation �ezo.. City of Map III - 19 W � "" Federal Way � w vow= Comprehensive Plan 2016-2040 Capital Improvement Plan �.r.W— Des Kent Moines PWa sand tFeder al , M ay ®M � w war �t to .. PAA Ilm '® @ .Aut C�. M Tacoma S <3A&n r 0 MY PA Legend \ x^ (� City Urnit3 O Potential Annexation Area ^ Street Improvements - p dV Corridor InVrovertrent Non -Motorized Improvement Milton Intersection Improvement Fite Edgewood � Federal Way n os Transportabon FlemerR This map is intended for use as a graphical representation. The City of Federal Way makes no warranty as to its accuracy. Revised 2015 III-72 FWCP — Chapter Three, Transportation Funding sources are not fixed and require annual review and reprogramming. Where non - City funds are sought, the City's projects may be competing for limited funds. Without attention to financing requirements, the operation, maintenance, and expansion of the transportation system will not occur in a timely fashion. Estimates of Revenue The last five years (2009 to 2014) of financial revenues were reviewed. Table III-11 presents annual revenue estimates for six existing sources of revenue for transportation capital improvements for the City of Federal Way. Each source of revenue has a low estimate, a high estimate, and the average of the two. It should be noted that the City has been successful to attaining state and federal grants, with roughly two-thirds of revenue from these sources. Table III-H Estimates of Specific Revenue by Sources 2015-2040 ($ Millions) l�. l . Federal Grants — Annual Average 1.2 2.5 1.9 2. State Grants - Annual Average 1.4 2.9 2.2 3. Motor Vehicle Fuel Tax 0.2 0.4 0.3 4. Road/Street Maintenance 0.2 0.4 0.3 5. Traffic Mitigation 0.2 0.4 0.3 6. Transfer from Other Sources such as Real Estate Excise Tax and Community Development Block Grants 1.1 2.3 1.7 The estimate of each of the existing revenue sources listed in Table III-H is described below in Existing Revenues for Transportation Capital Projects, with existing revenue sources numbered 1 through 6. Existing Revenues for Transportation Capital Projects Federal Grants —Annual Average (net of Committed Grants) The estimate is based on the annual average of $2.5 million of federal grants received by the City since 2009.The low estimate of $1.2 million is based on 50 percent of the historical average, while a high estimate of $2.5 million is based on 100 percent of the historical average. The average of these values is $1.9 million. Revised 2015 III-73 FWCP - Chapter Three, Transportation 2. State Grants —Annual Average (net of Committed Grants) The estimate is based on the annual average of $2.7 million of state grants received by the'City since 2009. The low estimate of $1.4 million is based on 50 percent of the historical average, while a high estimate of $2.9 million is based on 100 percent of the historical average. The average of these values is $2.2 million. 3. Motor Vehicle Fuel Tax The Street Fund was established to account for the receipt and disbursement of state levied unrestricted motor vehicle fuel taxes, which must be accounted for in a separate fund. The Street Fund is used primarily for ongoing operating and maintenance expenses of the street system. However, the City transfers a portion of the Street Fund money to the City's Capital Improvement Program (CIP) for transportation projects. The estimate is based on the annual average of $311,000 received by the City since 2009. A low estimate of $155,000 is based on 50 percent of the historical average. The high estimate of $311,000 is based on 100 percent of the historical average. The average of these values is $233,000. 4. Road and Street Maintenance The Street Fund funds ongoing operations and maintenance of the Federal Way street system. Since 2009, an annual average of $371,000 has been allocated from this fund. A low estimate of $186,000 is based on 50 percent of the historical average. The high estimate of $371,000 is based on 100 percent of the historical average. The average of these values is $278,000. 5. Traffic Mitigation Federal Way assesses traffic impact mitigations for new developments through a combination of impact fees for system -level improvements and SEPA traffic mitigation for site -specific impacts. The City has collected an annual average of $432,000 in traffic mitigation fees since 2009. Prior to 2010 the City also collected SEPA-based mitigation fees for system -level improvements. When impact fees were adopted, the SEPA mitigation was limited to site -specific impacts. A low estimate of $216,000 is based on 50 percent of the historical average. The high estimate of $432,000 is based on 100 percent of the historical average. The average of these values is $324,000. 6. Transfer from Other Sources Federal Way also uses funds from other sources, such as real estate excise taxes (BEET) and community block grants, to fund many types of infrastructure improvements, including transportation projects. This estimate is based on an average of $2.3 million transferred from other sources since 2009. A low estimate of $1.1 million is based on 50 percent of the historical average. The high estimate of $2.3 million is based on 100 percent of the historical average. The average of these values is $1.7 million. Revised 2015 III-74 FWCP — Chapter Three, Transportation Future Revenues for Transportation Capital Projects A key GMA planning requirement is the concept of fiscal restraint in transportation planning. A fiscally, constrained transportation element must first allow for operation and maintenance of existing facilities, and then capital improvements. To introduce fiscal constraint into the plan, an inventory of revenues and costs was undertaken to identify funds that are likely to be available for capital construction and operations. The proposed transportation element for Federal Way contains a variety of projects that would cost approximately $850 million over 25 years. Table 111-12 summarizes the costs of the major types of transportation investments by type. The transportation element focuses on capital projects that will help the City achieve its mobility goals. The plan also includes ongoing pavement maintenance to ensure that the roadway network is kept in good condition. Table III-12 Costs of Federal Way Transportation Element (25+ years) Project Type Intersections Traffic signals and roundabouts Total Cost ($ 4-6 Streets Street extensions and widenings 20-25 Multimodal Projects Sidewalks, trails, bike lanes, and downtown investments 14-16 Maintenance Overlay and pavement repair, lighting, signal operations, snow removal 15-20 *Costs denoted in millions It is worthwhile to note that average annual funding for transportation (including maintenance) in the City of Federal Way has averaged around $9 million in recent years. Revenues include those from outside sources and grants, general city funds, real estate excise taxes, impact fees, and gas tax receipts. The City aggressively pursues federal and state funding sources for transportation projects in order to maximize the use of City funds to maintain City streets and fund improvements to streets that would not fare well in grant -funding selection criteria. Based on the data in Table 111-11 (Estimates of Specific Revenue by Sources 2015-2040 [$ Millions]) the City's existing revenue sources could generate between $110 and $220 million over the next 25 years. The comparison of revenues to costs indicates that the City will need to carefully prioritize its projects, since not all of the transportation needs are likely to be affordable with existing revenue sources during the 25-year period. If this occurs, the City has several options: Revised 2015 III-75 FWCP - Chapter Three, Transportation Increase the amount of revenue from existing sources, including impact fees, real estate excise taxes, transportation benefit district, or increased general fund revenues. Adopt new sources of revenue: o Proceeds from general obligation bonds o Creation of Local Improvement Districts o Reciprocal impact fees with adjacent jurisdictions o Business license fee per employee o The City can explore the feasibility and likely revenue amounts from these or other sources as the plan is implemented over the next several years. • Lower the level of service standard, and therefore reduce the need for some transportation improvements. Note that the City could also weigh changing the land use element to reduce the amount of development planned (and thus reduce the need for additional public facilities). However, overflow from congested freeways would be likely to congest City arterials regardless. Transit Funding Operating funding for transit services primarily comes from local (regional) sales tax revenues, farebox revenues and in the case of Sound Transit, a Motor Vehicle Excise Tax. Capital funding primarily comes from federal grants. METRO bus service is allocated to three subareas of King County, the East, South, and West (Seattle/north suburban) subareas. The West subarea has 63 percent of the bus service. Due to the 2008 recession, METRO modified criteria for allocating transit service, and Federal Way had somewhat less service cuts than many cities in the South subarea. The current economic recovery allowed King County to stave off further planned service reductions, and is developing a long range plan to build support for a new revenue package. Revised 2015 I1I-76 Map Date: December 2022 City of Federal Way City of Map GIS Division 33325 Sth Ave S Federal Way Federal Way, WA98003 Comprehensive Plan Cross Section Application by Street 2wwwetyoffederalway.com Pl gel Sound r� M Whit Legend \v A ^v G L R �rI B 14 H M ^. S C I 0 '�. T D v J P E %. K Q CITY OF Federal Way Centered on Opportunity R:%staceyc\PMProjects\ComplanUpdates%CrossSeclion aprx Scale: N 0 05 1 Miles boll P.A.A Transportation Element This map is intended for use as a graphical representation. The City of Federal Way makes no warranty as to its accuracy. City of Map III m 15 Federal Way Comprehensive Plan Proposed Pedestrian Facilities Puget Sound P� S W n aS�� a' Tacoma Y �4 0 0] L� SW 320th St U) rn a N N S Ca>n b 0, SVV 356th St w z 3 .c 0 �Q 20 Legend 0 City Limits CD Potential Annexation Area 4 Non -Motorized Safety Improvement Intersection /V Planned Trail Planned Sidewalk CITY OF ..__Federal Way Centered on Opportunity R:\staceyc\PW\Projects\ComplanUpdates\Prop_Ped_Fac.mxd Map Date: December 2022 City of Federal Way GIs Division 33325 8th Ave S Federal Way, WA 98003 253-835-7000 www.cityoffederalway- com Des Kent Moines S 272nd St <'d, f di. P P." �0 �9 C2 -0 tY S 288th St a' or t � I I_ S 304th St .y 5 > I t2th St Federal Way PA I a r sf th S I x• o S 324t _- In u f i it, S 336th St U > I h Q , > a s3 tnst > a � Way PA A Scale: 0 05 1 Miles U) d— > r m / N ; Y Milton Edgewood Transportation Element aThis map is intended for use as a graphical representation. The City of Federal Way makes no warranty as to its accuracy. City of Federal Way Comprehensive Plan Pugel Sound Map III - 16 Proposed Bicycle Facilities Federal WayR L& Way 1 W� acoma Legend z City Limits Potential Annexation Area Planned Bicycle Facility Bike Boulevard��a© Bike Lane nor Enhanced Shared Sidewalk l'. Paved Trail Shared Lane Markings ,Lzl��& CITY OF Federal Way Centered on Opportunity R:\staceyc\P\MProtects\ComplanUpdates\Prop_BikeFac\Prop_BikeFac aprx Map Date: December 2022 City of Federal Way GIS Division 33325 8th Ave S Federal Way, WA 98003 253-835-7000 www.cityoffederalway.com des I' Kent I Moines/,/ P P. A. Federal Way P.A-A. 9WA�F,A, RF w Milton Scale: N 0 0.5 1 Miles Transportation Element This map is intended for use as a graphical representation. The City of Federal Way makes no warranty as to its accuracy. Map III Map Date: December 2022 City of Federal Way Cityof GIS Division Federal Way3ederal3325 ay, W Federal Way, WA 96003 Comprehensive Plan 2016-2440 Capital improvement Plan www.ci5_7000 ww. cityoffederalway cam Porirry Puget Sound R'^' Federal ,a,mnl n ay m M. 0 W 312tVfM J\MM 11W 320th St ®0 w 320thm®Federal < Waym Tacoma on 10 4 0 sW 39 a't w z Legend City Limits Potential Annexation Area >P` Street Improvements Corridor Improvement Non -Motorized Improvement • Intersection Improvement CZ Fife CITY OF Federal Way Centered on Opportunity R:\staceyc\PW\Projects\ComplanUpdates\2016_2040CIP mxd S 348th Des Moines S U U 47, U) th SL \ h Kent _-_-_...----- - M i S 288th St I { I I i Federal Way j PA.A I Auld th st 1y/ r L _ m` Federal _® Way P. A A I 1� > 9r .0 N Milton p 0 Edgewood Transportation Element This map is intended for use Scale: N as a graphical representation. 0 D.s 1 The City of Federal Way makes Miles no warranty as to its accuracy. COUNCIL MEETING DATE: January 17, 2023 ITEM #: 8C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: VALLEY NARCOTICS ENFORCEMENT TEAM (VNET) / U.S. DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA) HIGH -INTENSITY DRUG TRAFFICKING AREA (HIDTA) TASK FORCE AGREEMENTS. POLICY QUESTION: Should the City of Federal Way /Federal Way Police Department enter into an Agreement with the U.S. Department of Justice, Drug Enforcement Administration to continue efforts to stop the trafficking of narcotics and dangerous drugs in South King County? COMMITTEE: PRHS&PSC MEETING DATE: Jan. 10, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other - STAFF REPORT BY: CHIEF ANDY HWANG DEPT: Police Department Attachments: 1. PRHS&PSC Staff Memo 2. Drug Enforcement Administration MOU 3. HIDTA State and Local Task Force Agreement 4. U.S. Department of Justice — Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements Options Considered: 1. Accept the DEA MOU, HIDTA State & Local Agreement & Certifications. 2. Reiect the DEA MOU, HIDTA State & Local Agreement & Certifications and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: 17 1 y 121 DIRECTOR APPROVAL: C� mm ec ouncil //�—r Imhal / COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreements to the January 17, 2023 Council consent agenda for approval. " Ir Committee Member Committee Member PR OSED COUNCIL MOTION: "I move approval of this Drug Enforcement Administration MOU, HIDTA eentent and Certifications between the City of Federal Way /Federal Way Police Department and the U.S. Department of Justice, Drug Enforcement Administration, and authorize the Chief of Police to execute said Agreements. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: January 10, 2023 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Valley Narcotics Enforcement Team (VNET) / U.S. Department of Justice, Drug Enforcement Administration (DEA) HIDTA Task Force Agreements Narcotics and dangerous drugs have a detrimental effect on the health and well-being of not only the citizens in Federal Way, but people throughout Washington state and beyond. The US Department of Justice and Drug Enforcement Administration (DEA) formed a local Task Force, Valley Narcotics Enforcement Team (VNET), to help stop the trafficking of narcotics and dangerous drugs. VNET was established to create and maintain amulti-jurisdictional team to effectively investigate and enforce the laws relating to controlled substances. The Federal Way Police Department (FWPD) assigned a Commissioned Officer to the DEA Task Force on February 8, 2010, and entered into an Agreement with the State and Local HIDTA for the reimbursement of overtime for the Officer. The attached agreements are a continuation of our efforts to control the trafficking of drugs and must be signed in order to participate in the Task Force. Once signed they will be effective October 1, 2022 through September 30, 2026. Drug Enforcement Administration Asset Forfeiture Sharing Memorandum of Understanding This agreement is made this 1 st day of October, 2022, between the United States Department of Justice, Drug Enforcement Administration Enforcement (hereinafter "DEA"), and the Federal Way Police Department (hereinafter "FWPD"). 1. The police agencies participating in the Seattle Enforcement Group D-22 Task Force, hereby agree to the following terms and conditions of this Memorandum of Understanding ("MOU") governing the Task Force's equitable sharing requests and participation in the United States Department of Justice ("DOJ') Equitable Sharing Program: The following are the Task Force Participants and their contribution to the Task Force: Participating Agency Contribution Auburn Police Department 1 Task Force Officer Federal Way Police Department 1 Task Force Officer Kent Police Department 1 Task Force Officer Renton Police Department 1 Task Force Officer Seattle Police Department 1 Task Force Officer Tukwila Police Department 1 Task Force Officer Washington State Patrol 1 Task Force Officer 2. Participants acknowledge that equitable sharing is at the discretion of the Attorney General and not guaranteed in any case. Participants acknowledge that sharing will not be awarded in a case if victims have not been fully compensated. State, local, or federal government entities can be considered victims. Equitable sharing among the Task Force members shall be based upon the following pre -arranged percentages: DEA shall receive 20% Valley Narcotics Enforcement Team 80% 3. Participants understand that if a non-MOU member receives an equitable share based upon their contribution, then the MOU Participants' shares shall be reduced proportionately (e.g., if non-MOU agency C receives 10% based upon their contribution, then the MOU Participants' pre -arranged percentages shall be based upon 90% of the full amount available for sharing). 4. Participants further understand that additional adjustments may be necessary so to ensure that DEA (DOJ) receives a minimum of 20%. 5. Participants further understand that the federal decision -makers on each equitable sharing request retain discretion to modify percentages as deemed appropriate based on the facts and circumstances in each case. For the Drug Enforcement Administration: Date: Jacob D. Galvan Acting, Special Agent in Charge -Seattle Field Division For the Federal Way Police Department: Date: Andy Hwang Chief of Police HIDTA STATE AND LOCAL TASK FORCE AGREEMENT FEDERAL WAY POLICE DEPARTMENT This agreement is made this 1 st day of October 2022, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the Federal Way Police Department ORI#WA0173600 (hereinafter "parent agency"). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 USC § 873. Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the Greater King County area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Washington, the parties hereto agree to the following: 1 The Seattle HIDTA D-22 Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Greater King County area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the task force's activities will result in effective prosecution before the courts of the United States and the State of Washington. 2 To accomplish the objectives of the Seattle HIDTA D-22 Task Force, the parent agency agrees to detail one (1) experienced officer(s) to the Seattle HIDTA D-22 Task Force for a period of not less than two years. During this period of assignment, the parent agency officers will be under the direct supervision and control of DEA supervisory personnel assigned to the task force. 3 The parent agency officers assigned to the task force shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the task force. 4 The parent agency officers assigned to the task force shall be deputized as task force officers pursuant to 21 USC § 878. 5 To accomplish the objectives of the Seattle HIDTA D-22 Task Force, DEA will assign three (3) Special Agents to the task force. The parties to this agreement understand that financial reimbursement to participating organizations is subject to the budgeting, administrative and managerial decisions of the HIDTA Executive Board as well as the availability of HIDTA funding (from whatever source). Subject to this planning and budgeting guidance, the HIDTA will provide funding to support the activities of Federal Special Agents, Task Force Officers, and other specified employees (if any). This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training and other support items. 6 During the period of assignment to the Seattle HIDTA D-22 Task Force, the parent agency will remain responsible for establishing the salaries and benefits, including overtime, of the parent agency officers assigned to the task force and for making all payments due them. HIDTA will, subject to availability of annually appropriated funds, reimburse the Valley Narcotics Enforcement Team "VNET" for overtime payments incurred by its Task Force Officers in an amount not to exceed a sum equivalent to 25% of the salary of a GS-12, Step 1 of the general pay scale for the rest of the United States. The parent agency will bill overtime as it is performed and no later than 60 days after the end of the quarter in which the overtime is performed. The invoice will identify each investigator who incurred overtime for the tasking during the invoiced period, the number of overtime hours incurred, the hourly regular and overtime rates in effect for each investigator, and the total cost for the invoiced period. Note: Task Force Officer's overtime "Shall not include any costs for benefits, such as retirement, FICA, and other expenses. " 7 In no event will the parent agency charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8 The parent agency shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts. 9 The parent agency shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The parent agency shall maintain all such reports and records until all audits and examinations are completed and resolved or for a period of six (6) years after termination of this agreement, whichever is later. 10 The parent agency shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11 The parent agency agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, suspension and Other Responsibility Matters; and drug -Free Workplace Requirements. The parent agency acknowledges that this agreement will not take effect and no federal funds will be awarded until the completed certification is received. 12 When issuing statements, press releases requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or part with federal money, the parent agency shall clearly state: (1) percentage of the total cost of the program or project which will be financed with federal money and (2) the dollar amount of federal funds for the program or project. 13 Vehicles may be provided by the parent agency or furnished by DEA subject to the availability and approval of HIDTA funding for vehicle leases. DEA may request that HIDTA fund installation and removal of mobile radios in task force vehicles and reimburse the parent agency for fuel, maintenance, and repair attributable to use of the vehicles for task force purposes. Accidents involving vehicles while in use for task force purposes shall be reported and investigated in accordance with the procedures of DEA and the parent agency. 14. While on duty and acting on task force business, the parent agency officers assigned to the HIDTA task force shall be subject to all DEA and federal government rules, regulations and procedures governing the use of OGV's for home to work transportation and for personal business. The parties acknowledge and understand that the United States of America is liable for the wrongful actions or inactions of Federal employees, including those Federally deputized as Task Force Officers, who are acting within the scope of their employment under the Federal Torts Claim Act (2 8 U.S.0 §§ 2671 — 2680). This may extend to representation of the covered employee if in the best interests of the United States (28 C.F.R. § 50.15(a)(2)). A state or local employee participating in the Task Force may concurrently or separately be covered for the purposes of liability by their employer. 15. This agreement shall be effective from the date of the last signature of a party and will continue in effect until September 30, 2026. This agreement may be terminated by either party on 30 days advance written notice. Federal funding of the HIDTA Task Force is subject to the availability of annual appropriated funds for each federal fiscal year (October 1 through September 30 of the next year). Billing for all outstanding obligations must be received by DEA within 60 days of the end of each fiscal year or within 60 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by the parent agency during the term of this agreement on a fiscal year basis, subject to the availability of funds. For the Drug Enforcement Administration: Jacob D. Galvan Acting, Special Agent in Charge Seattle Field Division For the Federal Way Police Department: Andy Hwang Chief of Police Date Date U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Department and Suspension (Nonprocurement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING t��n 55 As e ui d b 13 T'tle 31 of. the U.S. Code, an t uner I�s transaction; v o anon o e ela o �aTon Itrus u II c (Fedora! .State, oir local) a�tiosf or trtin es caramiss on f $ a omen e ❑ Impfer�iene(d g �p p�u $t?6,9f as aeefine�t is Z�}� fa s�aterr�ibnts�vfrcretc❑elving s❑eiruction' rty recors, mg �ase eaytaantmer�if paiRWRI e app a No Federa[ a ro riat funds have been aid or will be did, by or on behalf ofthe undersi nod, to any person f9r influer�cin or attempting to influence an fficer or er�foee n+ a anc C�yj Are T�❑t present) Indi t d f. r or th rwis criminal or civill �rla ed p a overt nrfal ntit ?e oral fate or cal wi o)mf #hssla an + oRN oAnNs(enuume�a�tl iH paragfa� �l ) o Is ce Ica on; and a Member v Congress, an o icer or emp oy e o v grq s, r an em Iv �e of a M bar of Congress in connection with the makin of an Feee al rant the entering into of any amendment, a1 modification�of eany Federal gra tad ebopereative �d Have not within a F ear enod a eding thi ap li atio SerminaVen�gT8 o liee#Mus a�n ns ecdera€. Alta e, er oloca� agreement; 8. Who the a❑plic i una le to c rtify to an f the stat�me t�s in th15 c� f Icastion, a or s�ie shall atytaca an to this b f an �{ i�ds other than Federal a r rlated fund have ben Pilo �encillrib o idert o an rson f❑v Ipniencln ❑ra e ie a on a 'a a "' loyey of exp ana Ion app ica ion. a em s' at� or e��7 o, je."d a er o an res i c ne tiv[t �Is eaera u rr�rtati fan�ra n he ��e� isclosere a ' Leo�abying DR�Is WQR, PL�AI BRAN I HEK riAN I IVIDUALS) ivifies, in accordance with i s Ingtruc ions; pp�� re uir d b eCC r�u Frre W r llaacce '` t of 1988, and de ine�ea e 8 a i ParRt � 5ectlons 5151b' nd %"i8fs, as 11 re u5ir� that the nsla auaeae vfa this car- c T _ e Lder id�Tne s awards a tn c ppl rats Sh�� ee ea gri, snivsuea cC0CLjim Ct9�yaon❑rtRr IR sub n drug tree wolr�Cplace by: that it will or will continue to provide a P that the ec nsessloe Pr ae P ib� ashlnoreaoCfe stamt iss e%t nio$tit eoleflagrain"s �lRIDN, AND OTHER WNG4N emp�ayees for vi❑fatioh oT such prohibition: ts reengslildAgo a b� Ixeome toe tt2�n5 C �P S' 6a�e#de o �� a art 7,'�>� clion '�7 `�� A. The applicant certifies that it and its principals: (a) Are not present) debarred, suspended, prvpos f f debar- �nent declaI-�d Ine�i ibie, sentenced t❑ a qlenia ❑1¢ Federal benef is by a State orgFederal court, or voluntarilyexcluded from covered transactions by any Federal deparment or agency; kb?ormsemlp) e% abo°utgoing drug -tree awareness program to (1) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; ta3s'sisiaYnce ilable msugprogra;arc�unseling, rehabilitation, and employee uSe v oga iolns occutrnngvin hem�vorkep�a eon employees for drug t t� ((c Ma n it a re r me it that each em to ee to a en ed i bden ,e riote�th n a hhra a ra{ ef d �eced�er�d a dap l�c t$on fe dob ttanceo t� rant be given c�py of he stgaaameni ❑ r e ren q re y paragraph�a�; o r commis on of ra a cr l0 rise In c❑nr ectian wlei votamrng, a empoEg ? ogfain, ❑r porminga tthh � of i�� th�ef, asmFcdY�i$r Ition otfempi�oymena unc�err e grantt,, ra ra e oy wl - OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2 {�otify he ern io e . in wtri i of his ,or her convi tion for a 300 5th Ave, Suite 1300 f�i ilaflan o a crimiin dr .g s# u� ocaurrin , tp the workplace no Seattle, WA 98104 1a er an lve calen ar s a er suc con is ion; e Not Fn the a e c I writin with' tendar days after e i�+r Lice t �� Su� Pra ap . ��) °romh an er> pee Check r- f there are workplace on file that are not identified r s race vi a Pura no is o . uc co vi i .n, ere. astpt�aier#��v�c e{re(eos�voti� M11d r� �n 5ec�ion 67 630 rf the r �ukationsovdes.that ahgan�ee tp,at%�� Wa �nm n 1fO �'aefiske shall Incua a theden Ificaboii a 5(at ma ale to a an ce,�i' f a a in ac a er J ff 1 num 6X%r each a ected gran Tor y aC° ��n a h.jj''c'F�Fi o lc� ie rnc�f ales anhdeg to pegen i°es may e c ❑ use # ormice TP(.. 91 Ta 'n one. of the. followi acti ns, withi 30 lend r resYpec°i to any iemoloyee weho ga rcan �jaeregrap� (d)(� wi Check r- if the State has elected to complete OJP Form 4061 /7. L1� Taking a �ro�ri to �� fsolneE . action agLn?s# suc n E re ii��men of the Rehachitita ne c o t��Jc/3, a amend�d�: °��e GRANTEES WHO ARE INDIVIDUALS) {21 Requirin such empl eh� o pate s�Eatisfactorily ' a dru iAns re�e by Ike �u Fre WkV�la�rteFA t of a1n9 8, and akuus aes an ede ale a Eao�o o a ea ha a�w en orcerr$len a I a �� a ect'iaris 5 and bg�l.�g ees, as or Other aporoprlate agency; As a o dition f he gr t 1 ertify that I will not enme e in (g) Making a good faith effort to continue to maintain a drug- free he unla rfu manu re, gist?ibul Jon1 dni ns'n , osS s o rkp1ace through implementation of paragraphs (a), (b), (c), (d), r use atw a antroe substance in coniion �t�activiy wih e, and (f).re grant; anr� $The Tanta ma insert m tie ace.provided below the site B. If convinced of a criminal drug offense resulting, from ) f YEtge er orm nce of work�ne m connection with the violation occurri�p ctur{ng th� candpd[ of n rant aetivtty, will ec�c gram: report {he convicFion, in writ rig Within 1� ca ndpr da s of the onvict on to: De artm ntt of Jpstice Office ofJ tice. I'M rams, Pla of Performance (Street address, city, country, state, zip TTN: Control �esk, °633 Indiana avenue, fJ.., Washigngton, cariceej ❑Z' 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Federal Way Police Department 33325 8th Ave S Federal Way, WA 98003 2. Application Number and/or Project Name DEA Seattle Field Division 4. Typed Name and Title of Authorized Representative Andy Hwang, Chief of Police 3. Grantee IRSNendor Number 5. Signature 6. Date COUNCIL MEETING DATE: January 17, 2023 ITEM #: V d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Lease agreement between Balli Road, LLC and the City of Federal Way for the Downtown Police Substation POLICY QUESTION: Should the City of Federal Way renew a lease agreement with Balli Road, LLC for the Federal Way Police Department (FWPD) Downtown Substation and increase rent to $3,700 per month? COMMITTEE: PRHSPSC MEETING DATE: January 10, 2023 CATEGORY: ® Consent ❑ Ordinance [] Public Hearing ❑ City Council Business ❑ Resolution Q Other STAFF REPORT BY: Kyle Sumpter, Deputy Chief of Police DEPT: Police Attachments: 1. Staff Report 2. Updated Lease Agreement Options Considered: 1. Approve the proposed lease agreement and maintain the Downtown Substation through December 31, 2024. 2. Do not approve proposed lease agreement and provide direction to staff. MAYOR's RECOMMENDATION: Option 1. MAYOR APPROVAL: I� S _ DIRECTOR APPROVAL: ,'�/g/��2L C©mmi cc `�oanci ��— fnitialYDafE lnitiaWatc Imhal/Date COMMITTEE RECOMMENDATION: I move to forward the proposed lease agreement to the January 17, 2023 consent agenda for approval. Committee Chair Committeq Member Committee Member PROP16SED COUNCIL MOTION: I move to approve the proposed lease agreement between Balli Road, LLC and the City, of Federal Way for the FWPD Downtown Substation, and authorize the Mayor to execute said agreement. (BELOR TO BE COMPLETER B I' CITY CLERK 'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 10, 2023 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Lease Agreement between Balli Road, LLC and the City of Federal Way for the Downtown Police Substation Financial Impacts: Balli Road, LLC will charge the City $3,700 per month to continue renting the Downtown Police Substation, beginning January 1, 2023, an increase from $3,000 per month. Utilities are included, so there are no additional costs. Background Information: Since 2015 there has been an agreement between Balli Road, LLC and the City for use of office space, identified as the Federal Way Police Department Downtown Substation. This space is used primarily by the Traffic Section, as well as other officers for various police -related matters. Balli Road, LLC will provide secure office space, which includes designated parking for police vehicles. FWPD officers will use the space for administrative tasks and, when available, provide assistance with law enforcement issues arising at or near the Transit Center. The term of the proposed agreement is from January 1, 2023 through December 31, 2024. If the agreement is not approved, the current agreement would expire on December 31, 2022 and FWPD will promptly move out of the facility. LEASE AGREEMENT BETWEEN BALLI ROAD, LLC AND THE CITY OF FEDERAL WAY THIS AGREEMENT ("Agreement") made on the date indicated by the signatures below, by and between BALLI ROAD, LLC, a Washington limited liability company hereinafter referred to as "Lessor", and the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington hereinafter referred to as "Lessee." WHEREAS, Lessor is the owner of certain real property that includes office space containing fixtures and equipment located at 31620 23rd Ave S, Suite 102, Federal Way, Washington 98003 (the "Property"); and WHEREAS, the City's Police Department has been using office space at the Property as a downtown substation; and WHEREAS, Lessee believes that the property will continue to be sufficient to accommodate a downtown substation within the existing retail space within the Property; and WHEREAS, Lessor has agreed to permit Lessee to continue to use the Property for such police office use subject to certain conditions; and WHEREAS, Lessee desires to continue to use the Property, subject to the terms and conditions provided for herein. NOW THEREFORE, for good and valuable consideration, the receipt of which are hereby acknowledged and the terms of which are hereinafter outlined, the parties agree as follows: 1. Lessor hereby grants to Lessee a temporary, non -perpetual license (the "Lease") to occupy and use a portion of the Property for use as a substation of the Federal Way Police Department. Lessee's use of the Property shall be in compliance with any and all conditions of any applicable permits, licenses and other governmental and regulatory approvals and in compliance 1 with all applicable laws, statutes, and governmental rules and regulations. This Lease will be used by Lessee and its employees, agents, and representatives, subject to all the terms and conditions of this Agreement. 2. Lessee shall pay Lessor rent in the amount of three thousand, seven hundred and NO/100 Dollars ($3,700.00) on a monthly basis commencing January 1, 2023. 3. Lessor shall be responsible for all electric utilities associated with the lighting, heating, and/or air conditioning of the Property during the term of this Agreement. 4. Lessor hereby grants to Lessee the non-exclusive right and privilege to enter on the Property for the purposes set out herein. Lessee's use of the Property shall be conducted in a manner whereby it will not preclude or interfere with Lessor's use of the Property and/or any adjacent property. In addition, Lessee agrees that the retail space will be available to Lessor with 24 hours' notice to Lessee for the purpose of showing the space to potential renters. 5. The Property may be used by Lessee solely for the purpose described in paragraph 1 herein, during the License Term which shall be limited to the days commencing January 1, 2023 and ending on December 31, 2024. 6. Lessee agrees that it shall use the Property for only the stated purposes and no other purpose. Lessee shall be solely responsible for undertaking the activities on the Property in a safe, secure and careful manner without waste or damage to the Property or improvements thereon. Lessee will not be a nuisance or menace to other tenants in the Building and shall not in any way interfere with the quiet enjoyment of such other tenants. Additionally, Lessee shall clean up and remove any debris created by such activities prior to the termination of the Term of this License. Lessee hereby acknowledges and agrees that It has inspected the Property and examined all conditions thereon relative to Lessee's use thereof, and that Lessor makes no, and expressly P) disclaims, any warranty or representation as to the condition of Property, its safety or suitability for Lessee's intended activities, or as to any improvements thereon, whether express, implied or arising by operation of law, including, without limitation, any warranty of fitness for any particular purposes. 7. Notwithstanding anything contained herein to the contrary, either party may terminate this agreement early for any reason with thirty (30) days' notice to the other party. On early termination of the License granted by this Agreement, as well as on the natural termination of this License on December 31, 2024, Lessee shall quietly and peaceably surrender the Lessor's Property in a manner that fully complies with all applicable state, federal, or local statute, regulation or ordinance and will leave the Lessor's Property in as good condition as such Property was in at the time of Lessee's entry on the Property under this Agreement. Furthermore, the terms of this Agreement that would, by their nature, survive termination, including, without limitation, the terms that govern Lessee's removal obligations and Lessee's indemnification obligations, as well as this survival provision, will survive termination or expiration of this Agreement. 8. Lessee agrees to defend and to indemnify and hold Lessor, its parent, subsidiaries, affiliates, and Its and their officers, directors, shareholders, agents, employees, and representatives harmless from and against any and all losses, costs, claims, damages, and liabilities, including reasonable attorney's fees, court costs, and fees of expert witnesses, arising from Lessee's use of the Property as a police substation and from any of Lessee's police activities conducted on the Property. Lessor is responsible for maintaining the Property, including common areas, in a safe condition and Lessee's indemnification does not cover Lessor's legal duties as a landlord and property owner. 3 9. During the Term hereof, Lessee shall have in full force and effect commercial general liability insurance or its equivalent through self-insurance or participation in municipal insurance pool with respect to Lessee's use of the Property and the activities and operations of Lessee on the Property, with a limit for bodily injury, death, property damage and personal injury of not less than One Million and NO/Dollars ($1,000,000.00) per occurrence. Two Million and NO/Dollar ($2,000,000) general aggregate. A certificate of insurance or evidence of participation in a municipal insurance pool shall be delivered to Lessor evidencing the coverage required herein prior to commencing any activity on the Property. 10. Lessee may not assign its rights hereunder without first obtaining Lessor's approval, which may be granted or withheld in Lessor's sole discretion. 11. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. No alteration, modification, amendment, or waiver hereto shall be valid unless evidenced by a writing signed by both parties hereto. 12. Lessee shall not permit the roads or any driveways, sidewalks or other rights -of -way adjacent to the Property to be obstructed or disturbed in connection with the use of the Property. 13. All notices, demands, or requests required or permitted to be given under this Agreement shall be hand -delivered or sent by mail, return receipt requested and addressed to the parties as follows: LESSOR: Balli Road, LLC c/o Power Property Consultants, Inc. 31620 23rd Ave S #218 Federal Way, WA 98003 Attn: John Hunt Tel: 253-214-2122 4 LESSEE: Federal Way Police Department Attention: Deputy Chief Kyle Sumpter 33325 8th Ave S Federal Way, WA 98003 Tel. 253-835-6712 14. The failure of either party to this Agreement to insist upon the performance of any of the items and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 15. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 16. This Agreement may be executed in one (1) or more counterparts, all of which taken together shall constitute one (1) instrument and constitutes the entire Agreement between the parties as to the subject matter herein described. 17. Lessee has inspected the Property and accepts the space in its current state "as -is." Lessee, at Lessee's sole cost, will be responsible for any improvements, repairs and maintenance in the Property during their tenancy. 18. Lessee, at Lessee's sole cost, may install signage. Lessor will review and approve signage and proposed location prior to signage installation. At the end of the tenancy, whether by natural or early termination, Lessee, at Lessee's sole cost, will have the signage removed and the impacted area returned to its condition prior to signage installation. 5 19. Lessee is granted a non-exclusive license to use the designated parking areas for police vehicles. Lessor reserves the right at any time to grant similar non-exclusive use to other tenants, to promulgate rules and regulations relating to the use of such parking areas, including reasonable restrictions on parking by tenants and lessor. The Parties agree that two parking stalls, the selection of which is to be mutually agreed upon by the Lessor and the Lessee, will be designated as police use only. These stalls will be located for maximum visibility to the adjacent streets and transit center and may have a marked patrol' car present at certain times to deter criminal activity. Any and all costs associated with markings or signage for these designated spaces will be borne by the Lessee. IN WITNESS WHEREOF, Lessor and Lessee have executed this agreement as of the date indicated below. [signature page to follow] LESSEE: CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: LESSOR: BALLI ROAD, LLC Patrick Rhodes STATE OF WASHINGTON ) ss. COUNTY OF } ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me , to me known to be the of Balli Road, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this day of Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires VA COUNCIL MEETING DATE: January 17, 2023 ITEM #:$� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: GLOBAL KITCHEN DBA KAY CATERING — NEW CONTRACT FOR CATERING SERVICES POLICY QUESTION: SHOULD COUNCIL APPROVE THE CATERING SERVICES CONTRACT? COMMITTEE: PRHSPSC MEETING DATE: JANUARY 10, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DAVID CLEMONS DEPT: —Parks Attachments: 1. Staff Report 2. Catering Agreement for Dumas Bay Centre Catering Services Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option I MAYOR APPROVAL: f f HtECTOR APPROVAL: co no/ oun ' Init I(Datc Initial0; Initial/bate COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the January 17, 2023 Regular Council Meeting consent agenda for approval. " mittee Chair Committee Member Committee Member PROPOED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to execs a said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 10, 2023 TO: City Council Members VIA: John Hutton, Parks Director FROM: David Clemons, —Dumas Bay Manager SUBJECT: Global Kitchen dba Kay Catering — New Contract for Catering Services Financial Impacts: This contract will have no financial impact on the City. Dumas Bay Centre, under rental client's direction, will order catering services from caterer. Dumas Bay Centre will collect associated payment from rental customers and then pay caterer for those specified services. Payment will be made monthly for all collective services rendered the previous month. Background Information: Dumas Bay Centre is currently contracting with Kay Catering for catering services. This agreement will replace the existing agreement. This new contract allows for Dumas Bay Centre to become the client of Kay Catering rather than our customers. In creating this change, we regain control over the ordering process and all associated communication. This will allow Dumas Bay Centre to provide better customer service to our clients by delivering a smoother booking process and a business model our customers are more familiar with. We will also be able to better monitor the catering service and provide improved and more focused feedback to Kay Catering. Rev. 7/18 CITY of CITY HALL Federal 1111ay 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederetway.. com GOODS AND SERVICES AGREEMENT FOR DUMAS BAY CENTRE CATERING SERVICES This Goods and Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Global Kitchen LLC dba Kay Catering, a Washington limited liability corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: GLOBAL KITCHEN LLC dba KAY CATERING: I CITY OF FEDERAL WAY: Kay Kim 8034 36" Ave NE Seattle, WA 98115 206-229-5297 (telephone) com The Parties agree as follows: David Clemons 33325 8th Ave. S. Federal Way, WA 98003-6325 253-835-2002 (telephone) david.clemons cit offedf 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2023 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. This agreement supersedes the previous agreement (AG 22-049) and will become effective as of January 1, 2023. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by GOODS AND SERVICES AGREEMENT - 1 - 7/2021 CITY OF .� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crryoffederatway com the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit `B," attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit `B," the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Pa ment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. GOODS AND SERVICES AGREEMENT - 2 - 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www ciryoffederalway. com 4.4 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 Cit • Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection GOODS AND SERVICES AGREEMENT - 3 - 7/2021 CITY OF ��. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www clryoffederalway com with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $2,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review GOODS AND SERVICES AGREEMENT - 4 - 7/2021 CITY OF CITY HALL Ak Fe d e ra f Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safe . Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives GOODS AND SERVICES AGREEMENT - 5 - 7/2021 CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crryoffederatway.. com against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Intel retation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assigment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence in this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict GOODS AND SERVICES AGREEMENT - 6 - 7/2021 4S CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www alyoffederalway com performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] GOODS AND SERVICES AGREEMENT - 7 - 7/2021 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cltyoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: GLOBAL KITCHEN LLC dba KAY CATERING: By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ss. COUNTY OF ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this day of Notary's signature Notary's printed name 20 Notary Public in and for the State of Washington. My commission expires GOODS AND SERVICES AGREEMENT - 8 - 7/2021 CITY OF L Federal Way EXHIBIT "A" SERVICES CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay com 1. The Contractor shall provide exclusive catering services for the Dumas Bay Centre consisting of the following: a. Designate an on -site manager for each meal service and provide their name and contact information at least two business days prior to each event's start date. i. The on -site manager will be responsible for supervising all Contractor's on -site employees, agents and/or sub -contractors working at each event. b. Ensure that employees, agents, or subcontractors arrive with all equipment, merchandise and supplies needed to fully perform the services desired by the Dumas Bay Centre. Following each event which Contractor provides services, ensure that equipment, merchandise and supplies are removed from Contractor's authorized locations, and that all unsold merchandise is disposed of in a manner that is separately agreed upon by Contractor and the Dumas Bay Centre Manager. Upon receipt of notice from the City of any reasonable and significant objection to any of Contractor's employees, including Contractor's representatives, the use of such employee in connection with this Agreement shall be discontinued and a suitable person shall be promptly substituted; provided however, that the City's right to require replacement of any Contractor employee, and Contractor's obligation to comply with any such request, shall be subject to restrictions imposed upon Contractor by any federal, state or local statute, law, code, regulation or ordinance or by any collective bargaining agreement or other contract affecting such employee. c. Coordinate with the Dumas Bay Centre Manager or designated representative, the exact serving location for each meal service. d. Ensure Contractor and its representatives only serve products or services authorized by the Dumas Bay Centre. e. Marketing and public relations materials involving Contractor related to the Contractor's activities or business at the Dumas Bay Centre must be approved by the City of Federal Way. 2. Pricing. All pricing of food, beverage, and any other product as set forth in Exhibit "D" must be competitive and must be approved in writing by the City. Contractor may not change any menu pricing, including associated' service fees, without City's prior written consent and amendment to original contract. Consent may be withheld for any reason. 3. Products. All food, beverage or other products offered for sale by the Contractor to the public shall be approved in writing by the City prior to distribution or sale of any such products. Contractor shall comply with any reasonable requests made by the City to either add or eliminate certain types of food, beverage or other products. 4. Customer Service. Contractor and all of its employees, agents, or representatives shall provide the highest quality of customer service and shall treat all clients with courtesy and respect. Contractor shall honor all reasonable requests for refunds including requests from clients that are dissatisfied with any food, beverage or other product sold by Contractor. 5. Employee appearance. All of Contractor's employees, agents, and representatives shall have a neat, professional personal appearance and those who come in direct contact with the public shall wear clothing or identification distinguishing them as employees of Contractor. 6. Employee Training. Contractor shall provide training for its employees, agents, or representatives for the development of the skills and techniques necessary to perform its obligations under this Agreement including but not limited to promoting customer service, produce and service presentation, cleanliness, GOODS AND SERVICES AGREEMENT - 9 - 7/2021 CITY OF .� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com positive attitude, and promoting the City Parks and Recreation Department's philosophy and policy. 7. Staffing. Contractor shall plan its staffing in advance and anticipate to the best of its ability based on information provided by the Dumas Bay Centre Manager, designated representative, and banquet and event order form. Whenever possible, Contractor should ensure staff arrive a minimum of two hours prior to the serving time of each meal as indicated by the banquet and event order. In the event the City determines that Contractor is not adequately staffing catering events, it may notify Contractor of that fact and Contractor shall immediately increase its staffing to meet the City's recommendation. 8. Internal Catering. Catering requested directly by the City and its departments shall be provided using pricing contained in Exhibit "D" and any associated taxes. The City and its departments will not be subject to paying gratuity or any other service fees. 9. Catering Kitchen Equipment: a. Alterations. Contractor shall be allowed to bring in mobile equipment, but shall not make any permanent alterations, additions, or improvements to the Dumas Bay Centre kitchen or the catering kitchen equipment without the City's prior written consent, which consent may be withheld for any reason. In the event the City consents to the making of any alterations, additions, or improvements to the Dumas Bay Centre kitchen or to the catering kitchen equipment, the same shall be made at Contractor's sole cost and expense, and in the event such alterations, additions, or improvements are made to a structure, building, or other improvement attached to the real property, the same will become a part of the real property and be surrendered to the City upon the termination of the Agreement. The City has no obligation to alter, remodel, improve, repair, decorate, or paint the Dumas Bay Centre kitchen; provided, however, that the City will provide dry storage shelving reasonably acceptable to Contractor's storage of miscellaneous products. b. Maintenance. The City shall, at its sole cost and expense, maintain the Dumas Bay Centre kitchen and the catering kitchen equipment and the surrounding real property in good condition and repair. The Contractor, during its use and at its sole cost and expense, shall maintain the Dumas Bay Centre kitchen and the catering kitchen equipment in a neat, clean, and sanitary condition and removing all garbage, trash, or other debris on a regular basis. c. Damage. If the Dumas Bay Centre kitchen, catering kitchen equipment, or any part thereof are damaged by any cause other than the sole negligence of the City, its employees, or agents, due to the actions or inaction of the Contractor, Contractor shall, at its sole cost and expense, restore the Dumas Bay Centre kitchen and catering kitchen equipment to a condition equivalent to or better than the condition immediately prior to such damage; provided, however, that Contractor shall not be responsible for such restoration when any damage to the Dumas Bay Centre kitchen, catering kitchen equipment or any part hereof is not the fault of or caused by the action or inaction of the Contractor. d. City Reimbursement. In the event Contractor fails to repair the Dumas Bay Centre kitchen or the catering kitchen equipment, the City may, but in no event is the City obligated to, remove the catering kitchen equipment or perform the maintenance or repair and the Contractor shall, upon demand, immediately pay the City the reasonable costs and expenses of such removal, maintenance, and/or repair. e. Compliance with laws. Contractor shall comply with and perform the Work in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended, including but not limited to the following: i. Federal, state and local health, safety and licensing laws relating to the sale of concession goods; ii. City code provisions requiring any person or entity doing business in the City to obtain a business registration; and GOODS AND SERVICES AGREEMENT - 10 - 7/2021 CITY OF CITY HALL Federal Way Feder Avenue South Federal Way, WA 98003-6325 --(253)-835-7000 www. cityoffederaWay com iii. City Parks and Recreation Department policies, including but not limited to, its concession policy. GOODS AND SERVICES AGREEMENT - 11 - 7/2021 CITY OF CITY HALL 4 33325Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay com EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed one hundred twenty thousand and NO/100 Dollars ($150,000.00) and Washington State sales tax equal to fifteen thousand one hundred fifty and NO/100 Dollars ($15,150.00) for a total of one hundred sixty-five thousand one hundred fifty and NO/100 Dollars ($165,150.00). 2. Method of Compensation: The Dumas Bay Centre will submit catering food service orders directly to Contractor. Dumas Bay Centre will collect payment for catering orders directly from each rental client and pay Contractor a collective total for all rentals utilizing Contractor's services for each individual calendar month. Contractor will provide a monthly itemized invoice showing rental details including group name, dates of service and menu selection to the Dumas Bay Centre by the 5th of the following month. The Dumas Bay Centre Manager or designated representative will review and approve the invoice, cross-checking with associated banquet and event order forms submitted to Contractor. Payment will be issued via check on the 15th of the month by the City's finance department. Should Contractor provide an invoice later than the 5t}' of each month, the City cannot guarantee payment will be made on the 15th. In such case, payment will be issued on the following check run. GOODS AND SERVICES AGREEMENT - 12 - 7/2021 CITY OF CITY HALL 4SFederal Way Feder 8tn Avenue South Federal Way, WA 98003-6325 (253-)-835-7.000 www. ci"ffederahvey_ coin EXHIBIT "C" INSURANCE CERTIFICATE GOODS AND SERVICES AGREEMENT - 13 - 7/2021 COUNCIL MEETING DATE: January 17, 2023 ITEM #: V f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: AUTHORIZING THE ALLOCATION OF FUNDS IN ACCORDANCE WITH THE 2022 SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHHP) HOUSING CAPITAL FUND RECOMMENDATION POLICY QUESTION: Should City Council approve the proposed 2022 SKHHP Housing Capital Fund recommendation? COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: January 10, 2023 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Sarah Bridgeford, Community Services Manager DEPT: Community Development Attachments: 1. Staff Report 2. Resolution Options Considered: 1. Approve the proposed resolution. 2. Do not approve proposed resolution and provide direction to staff. MAYOR'S RECOMMENDAJION: Option 1. MAYOR APPROVAL: % DIRECTOR APPROVAL:,/ C.om iittcc ouT Initial Date lnitial:'Da Initial. Da COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the January 17, 2023 consent agenda for approval. Committee Chair Committee Member Member Committee Member 1YROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READaVG (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 5, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Brian Davis, City Administrator Sarah Bridgeford, Community Services Manager SIV SUBJECT: Resolution: Authorizing the Allocation of Funds in Accordance with the 2022 South King Housing and Homelessness Partners (SKHHP) Housing Capital Fund Recommendation Financial lm acts: The cost to the City for 2022 SKHHP Housing Capital Fund was included within the approved budget. In accordance with the approved budget, this item is funded by sales tax collected under RCW 82.14.540, which are solely for the purpose of affordable housing. Upon completion of the projects funded, future costs will be minimal and due to ongoing costs associated with monitoring and compliance of projects. Background Information: SKHHP was created in 2019 through an interlocal agreement (Establishing ILA) of city governments and King County to address housing needs in South King County. SKHHP currently has eleven participating member jurisdictions. In 2019, RCW 82.14.540 became law allowing jurisdictions to enact a sales tax for the purpose of affordable housing; the sales tax is a recapture of a portion of taxes collected and does not raise the sales tax. The City enacted the tax and subsequently, in February 2021, City Council authorized the Interlocal Agreement for the Purpose of Pooling Sales Tax Receipts with SKHHP (Pooling ILA). The Pooling ILA and the Establishing ILA established a capital fund, set parameters for the process for the selection of awards involving pooled funds, and determined the approval process. Pursuant to the ILAs, the SKHHP Executive Board is to provide recommendations to member councils for funding. Council approval is needed to authorize the allocation of funds. This is the first of what will be an annual process with SKHHP and participating member jurisdictions. Pursuant to the ILA, the SKHHP Executive Board identified funding guidelines for the first round of funding in 2022 and established the SKHHP Advisory Board. The Advisory Board subsequently provided recommendations to the Executive Board on which projects Rev. 7/18 to fund. After careful deliberation, the SKHHP Executive Board concurred with the recommendation of the SKHHP Advisory Board and recommends funding $1,093,308 for two projects, as described in the SKHHP Executive Board funding recommendations memo dated December 16, 2022. Habitat for Humanity of Seattle -King and Kittitas Counties (Habitat for Humanity) Burien: Habitat for Humanity is requesting grant funds in the amount of $300,000 from SKHHP for a homeownership project located in Burien. The proposed project is phase one of two phases of a new development that will result in forty affordable condominiums. Phase one consists of the construction of twenty townhomes for households earning up to 50% of the area median income (AMI). The project proposal is to provide permanent affordability through a land trust administered by Habitat for Humanity and sold with an individual ground lease that allows Habitat the right of first option to purchase the home upon resale with a set 1.5% appreciation calculation in the lease agreement. Standard conditions will apply and the funding will be in the form of a secured grant with no repayment, so long as affordability and target population are maintained. A covenant will be recorded ensuring affordability for at least 50 years. Mercy Housing Northwest (Mercy Housing)— Burien Family Housing: Mercy Housing is requesting funds in the amount of $1,093,308 for an 89 unit multifamily mixed income affordable housing development in Burien. The project proposal is for households with mixed incomes from 0-30%, 30-50%, and up to 60% of the area median income with set aside for households with a disability and homeless households. Standard conditions will apply and the funding will be a deferred, contingent, forgivable loan. A covenant will be recorded ensuring affordability for at least 50 years. SKHHP Executive Board Recommendations: The SKHHP Executive Board is requesting City of Federal Way funding of $233,944.95 for the following recommended projects: 1. $50,371.84 for Habitat for Humanity of Seattle -King and Kittitas Counties — Burien a. City of Federal Way funds represent 16.8% of SKHHP funds proposed for this project. b. City of Federal Way funds represent 0.6% of the total development costs. 2. $183,573.11 for Mercy Housing Northwest — Burien Family Housing a. City of Federal Way funds represent 16.8% of SKHHP funds proposed for this project. b. City of Federal Way funds represent 0.4% of the total development costs. Rev. 7/18 As outlined in the Executive Board memo, sales tax credit receipts in the amount of $243,141 have already been contributed to the SKHHP Housing Capital Fund. With Council approval, these funds may be allocated to the projects recommended by the SKHHP Executive Board. Detailed descriptions of the projects, funding requests, rationale, and recommended conditions of funding for projects by the SKHHP Executive Board are included in Exhibit 1. Recommendation: The recommendation is to approve the proposed 2022 SKHHP Housing Capital Fund Allocations of City of Federal Way funds in the amount of $233,944.95. Rev. 7/18 RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, authorizing the expenditure of $233,944.95 in funds contributed by the City and held by Homelessness Partners (SKHHP). WHEREAS, effective January 1, 2019, the City of Federal Way entered into Interlocal Agreement AG19-019 with neighboring cities located in south King County to form South King Housing and Homelessness Partners (SKHHP) to help coordinate the efforts of south King County cities to provide affordable housing; and WHEREAS, effective March 1, 2021, the City of Federal Way entered into Interlocal Agreement AG21-044 for the purposes of pooling sales tax receipts with SKHHP to administer funds through the SKHHP Housing Capital Funds; and WHEREAS, the SKHHP Executive Board has recommended that the City of Federal Way participate in the funding of certain affordable housing projects and programs hereinafter described; and WHEREAS, the SKHHP Executive Board has developed a number of recommended conditions to ensure that the City's affordable housing funds are used for their intende&purpose and that projects maintain their affordability over time; and WHEREAS, pursuant to the SKHHP formation interlocal agreement each legislative body participating in funding a project or program through the SKHHP Housing Capital Fund must authorize the application of a specific amount of the City funds contributed to the SKHHP Housing Capital Fund; and WHEREAS, the City Council will authorize the use of $233,944.95 of the funds contributed Resolution No. 23- Page I of 14 to the SKHHP Housing Capital Fund as designated below to finance the projects recommended by the SKHHP Executive Board. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Pursuant to the Interlocal Agreement, the City Council authorizes the duly - appointed administering agency of SKHHP to use $233,944.95 of funds contributed by the city pursuant to the SKHHP interlocal agreements as outlined in exhibit A. Section 2. The agreements entered into pursuant to Section 1 of this resolution shall include terms and conditions to ensure that the City's funds are used for their intended purpose and that the projects maintain affordability overtime. Section 3. 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 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. 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. Resolution No. 23- Page 2 of 14 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 20 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 23- Page 3 of 14 EXHIBIT A SKmm: South King Housing and Homelessness Partners TO: City of Auburn Council Members City of Burien Council Members City of Des Moines Council Members City of Federal Way Council Members FROM: SKHHP Executive Board DATE: December 16, 2022 Memorandum City of Kent Council Members City of Normandy Park Council Members City of Renton Council Members City of Tukwila Council Members RE: 2022 SKHHP Housing Capital Fund Recommendation OVERVIEW The 2022 SKHHP Housing Capital Fund was the first funding round made possible by the pooling of resources from SKHHP member jurisdictions. SKHHP received three applications representing requests for just under $2.4 million in local funds to develop 135 units of affordable housing. After careful deliberation, the SKHHP Executive Board concurred with the recommendations of the SKHHP Advisory Board, and is recommending funding $1,393,308 for two projects. These recommendations advance projects that meet urgent local priorities, including mixed income workforce housing, permanent supportive housing, and affordable homeownership. As rents and home sale prices continue to rise in our region, so does the need for affordable housing. Your investment in the SKHHP Housing Capital, leveraged with millions of dollars from other sources, will provide this much needed housing to hundreds of underserved members of our community. The following is a description of the applications received, the Executive Board recommendation and rationale, and proposed contract conditions for the proposals recommended for funding at this time. Also enclosed is the proposed funding sources and an economic summary of the projects recommended for funding. ATTACHMENTS: 1. Proposed funding sources 2. Project economic summaries Page 1 of 11 Resolution No. 23 = (Exhibit A) Page 4 of 14 1. HABITAT FOR HUMANITY SEATTLE-KING AND KITTITAS COUNTIES Funding request: Advisory Board recommendation: PROJECT SUMMARY $300,000 (secured grant) $300,000 (secured grant) See attached proposed funding sources for distribution of City funds Habitat for Humanity is requesting grant funds in the amount of $300,000 for a homeownership project located in Burien. The proposed project is phase I of II of a new development that will result in 40 affordable condominiums. Phase I consists of the construction of 20 three bedroom townhomes, 1.5 bath houses for households earning up to 50% of area median income (AMI). The project proposal is to provide permanent affordability through a land trust administered by Habitat and sold with an individual ground lease that allows Habitat the right of first option to purchase the home upon resale with a set 1.5% appreciation calculation in the lease agreement. As part of Habitat's homeownership model, homebuyers are required to put in 250 hours of sweat equity. The project also requires a Condominium Owners Association (COA) comprised of residents. The COA will address property issues and guidelines established in the land lease. Through the COA, reserves are established for the repair and maintenance of the buildings and to address ongoing landscape and maintenance. The reserve fund will be managed by the COA and funded through a monthly fee that is part of the overall housing costs and included in the 33% housing to household income ratio provided to homebuyers. FUNDING RATIONALE The Executive Board supports the intent of this application for the following reasons: The project was approved for participation in the City of Burien affordable housing demonstration program. • The project strongly aligns with SKHHP Housing Capital Fund priorities including: providing homeownership opportunities, collaboration with local community - based organizations, direct experience and connection to populations they are proposing to serve, and advancing racial equity. The project schedule indicates construction to begin in 2022 and certificate of occupancies issued in 2024. • The site has convenient access to transit, shopping, and services. Page 2 of 11 Resolution No. 23 =_ (Exhibit A) Page 5 of 14 • The project provides significant financial leverage of other sources. PROPOSED CONDITIONS Standard conditions (apply to all projects) 1. The Agency shall provide revised development and operating budgets based upon actual funding commitments, which must be approved by SKHHP staff. If the Agency is unable to adhere to the budgets, SKHHP staff must be immediately notified and new budget(s) shall be submitted by the Agency for SKHHP staff approval. SKHHP staff shall not unreasonably withhold its approval to revised budget(s), so long as such new budget(s) do not materially adversely change the Project. This shall be a continuing obligation of the Agency. Failure to adhere to the budgets, either original or as amended may result in withdrawal of SKHHP's commitment of funds. 2. The Agency shall submit evidence of funding commitments from all proposed public and private funding sources. In the event commitment of funds identified in the application cannot be secured in the time frame identified in the application, the Agency shall immediately notify SKHHP staff, and describe the actions it will undertake to secure alternative funding and the timing of those actions subject to SKHHP staff review and approval. 3. Funds shall be used by Agency toward specific project costs as included in funding agreement and consistent with RCW 82.14.540. Funds may not be used for any other purpose unless SKHHP staff has given written authorization for the alternate use. If after the completion of the project there are budget line items with unexpended balances, SKHHP and other public funders shall approve adjustments to the project capital sources, including potential reductions in public fund loan balances. 4. Agency shall evaluate and consider the maximization of sustainability features such as in efficient building envelope, heat pumps and propose a plan for the maximization of sustainability. 5. In the event federal funds are used, and to the extent applicable, federal guidelines must be met, including but not limited to: contractor solicitation, bidding and selection; wage rates; and federal laws and regulations. 6. The Agency shall maintain documentation of any necessary land use approvals, permits, and licenses required by the jurisdiction in which the project is located. 7. The Agency shall submit monitoring quarterly reports through completion of the project, and annually thereafter, and shall submit a final budget upon project completion. If applicable, Agency shall submit initial tenant information as required by SKHHP. Page 3 of 11 Resolution No. 23- (Exhibit A) Page 6 of 14 8. Agency shall maintain the project in good and habitable condition for the duration of period of affordability. Special conditions Funds will be in the form of a secured grant with no repayment, so long as affordability and target population are maintained. 2. A covenant is recorded ensuring affordability for at least 50 years, with size and affordability distribution per the following table. Limited changes to the matrix may be considered based on reasonable justification as approved by SKHHP staff. Affordability 3 bedroom Total 60% 20 20 Total 20 20 Page 4 of 11 Resolution No. 23- _ (Exhibit A) Page 7 of 14 2. MERCY HOUSING NORTHWEST — BURIEN FAMILY HOUSING Funding request: Executive Board recommendation: PROJECT SUMMARY $1,093,308 $1,093,308 (forgivable loan) See attached proposed funding sources for distribution of City funds Mercy Housing Northwest is requesting funds in the amount of $1,093,308 for an 89 unit multifamily mixed income affordable rental housing development in Burien. The project proposal is to provide a mix of 1- 2- and 3-bedroom apartments, for households with mixed incomes from 0-30%, 30-50%, and up to 60% of area median income, and set asides for households with a disability and homeless households. The proposed project is a partnership with Mary's Place. Mary's Place and Mercy Housing Northwest entered into a memorandum of understanding indicating Mary's Place's intent to subdivide the property and donate an approximate 2 acre portion to Mercy Housing Northwest for the proposed multifamily development. FUNDING RATIONALE The Executive Board supports the intent of this application for the following reasons: • The project aligns with Burien's Comprehensive Plan land use designation and has two routes for zoning approval — an applicant pursued site specific rezone or a City initiated area wide rezone as part of the Ambaum Corridor plan, both are currently underway. • The project strongly aligns with SKHHP Housing Capital Fund priorities including: collaboration with local community -based organizations, direct experience and connection to populations they are proposing to serve, meeting the needs of those and available to those most disproportionately impacted by housing costs, advancing racial equity. • The project has the opportunity to deliver mixed income housing on a significant scale in a location with access to transit and other amenities. • The project is part of a partnership with Mary's Place which will create significant shelter and services. • The project includes over half (54%) of the houses to be family -sized 2 and 3 bedroom units. • The project serves special needs population through a set aside for households with a disability and formerly homeless households. • The site has convenient access to transit, shopping, and services. Page 5 of 11 Resolution No. 23 =_ (Exhibit A) Page 8 of 14 • The project is expected to provide significant financial leverage of other sources. PROPOSED CONDITIONS Standard conditions (apply to all projects) 1. The Agency shall provide revised development and operating budgets based upon actual funding commitments, which must be approved by SKHHP staff. If the Agency is unable to adhere to the budgets, SKHHP staff must be immediately notified and new budget(s) shall be submitted by the Agency for SKHHP staff approval. SKHHP staff shall not unreasonably withhold its approval to revised budget(s), so long as such new budget(s) do not materially adversely change the Project. This shall be a continuing obligation of the Agency. Failure to adhere to the budgets, either original or as amended may result in withdrawal of SKHHP's commitment of funds. 2. The Agency shall submit evidence of funding commitments from all proposed public and private funding sources. In the event commitment of funds identified in the application cannot be secured in the time frame identified in the application, the Agency shall immediately notify SKHHP, and describe the actions it will undertake to secure alternative funding and the timing of those actions subject to SKHHP staff review and approval. 3. Funds shall be used by Agency toward specific project costs as included in funding agreement and consistent with RCW 82.14.540. Funds may not be used for any other purpose unless SKHHP staff has given written authorization for the alternate use. If after the completion of the project there are budget line items with unexpended balances, SKHHP and other public funders shall approve adjustments to the project capital sources, including potential reductions in public fund loan balances. 4. Agency shall evaluate and consider the maximization of sustainability features such as in efficient building envelope, heat pumps and propose a plan for the maximization of sustainability. 5. In the event federal funds are used, and to the extent applicable, federal guidelines must be met, including but not limited to: contractor solicitation, bidding and selection; wage rates; and federal laws and regulations. 6. The Agency shall maintain documentation of any necessary land use approvals and permits required by the jurisdiction in which the project is located. 7. The Agency shall submit monitoring quarterly reports through completion of the project, and annually thereafter, and shall submit a final budget upon project completion. If applicable, Agency shall submit initial tenant information as required by SKHHP. Page 6 of 11 Resolution No. 23 =_ (Exhibit A) Page 9 of 14 8. Agency shall maintain the project in good and habitable condition for the duration of period of affordability. SPECIAL CONDITIONS 1. Funds will be in the form of a deferred, contingent, forgivable loan. Loan terms will account for various factors, including loan terms from other fund sources and available cash flow. Final loan terms shall be determined prior to release of funds and must be approved by SKHHP Staff. 2. A covenant is recorded ensuring affordability for at least 50 years, with size and affordability distribution per the following table. Limited changes to the matrix may be considered based on reasonable justification as approved by SKHHP staff. If the project is unsuccessful in securing Housing Choice Vouchers, the project may shift an allocation of units set aside at 30% AM to either 50% or 60% AMI. Affordability Total 30% 35 30-50% 28 60% 26 Total 89 3. The net developer fee shall be established at the time of finalizing the Contract Budget. Net developer fee is defined as that portion of the developer fee paid out of capital funding sources and does not include the deferred portion which is paid out of cash flow from operations after being placed in service. 4. SKHHP staff shall review and approve the services budget and services plan for consistency with application. 5. Timeframe for funding commitment. The funding commitment continues for thirty- six (36) months from the date of Council approval and shall expire thereafter if all conditions are not satisfied. An extension may be requested to SKHHP staff no later than sixty (60) days prior to the expiration date. At that time, the Agency will provide a status report on progress to date and expected schedule for start of construction and project completion. The SKHHP Executive Board will consider a twelve-month extension only on the basis of documented, meaningful progress in bringing the project to readiness or completion. At a minimum, the Agency will demonstrate that all capital funding has been secured or is likely to be secured within a reasonable period of time. 6. The project will contain a 20% set aside for households with a disability, and 40% set aside for homeless households, unless otherwise approved by SKHHP staff. Page 7 of 11 Resolution No. 23- _ (Exhibit A) Page 10 of 14 3. ECOTHRIVE — BURIEN Funding request: $700,000 - $1,000,000 Executive Board recommendation: $0 PROJECT SUMMARY OVERVIEW EcoThrive is requesting grant funds in the amount of $700,000 - $1,000,000 for a homeownership project located in Burien. The project proposal is to provide permanent affordability through a limited -equity cooperative formed by homeowners as well as a community land trust that holds the land in trust. The proposed project is the new construction of 26 houses ranging in size from 350 square feet to 650 square feet for households earning between 30 and 50% of area median income (AMI). The property currently consists of a single family residential house that is uninhabitable. The property is currently zoned single family residential that allows for 6 dwelling units per acre. EcoThrive has submitted an application for the City of Burien's affordable housing demonstration program that would allow for a greater density of housing than is currently allowed on the property. Estimated approval for the affordable housing demonstration program is March of 2023. FUNDING RATIONALE The Executive Board supports the concept of the EcoThrive housing proposal but does not recommend funding at this time. The Executive Board would welcome an application in the next funding round. This would provide an opportunity for EcoThrive to address the issues identified below: • Further develop the plan for operational support of the limited equity cooperative and other supportive services. • Further develop and identify the plan for qualifying households for home loans. • Sweat equity at 10 hours per month in perpetuity may be a significant challenge for some households. • Obtain approval for City of Burien Affordable Housing Demonstration Program or pursuit of other land use changes that support the development proposal. • Include development cost estimate that helps establish soundness of development budget. • Further development of building design, parking, and conformance with zoning requirements, • Further develop plan for engaging, connecting, and working with households proposing to serve. Page 8 of 11 Resolution No. 23- (Exhibit A) Page 11 of 14 ATTACHMENT 1: Proposed Funding Sources Jurisdiction Total contributed to SKHHP Housing Capital Fund Habitat for Humanity - Burien Mercy Housing Northwest - Burien Family Housing Unallocated Auburn $305,338 $63,257.27 $230,532.27 $11,548.46 Burien $146,350 $30,319.52 $110,495.25 $5,535.23 Des Moines $51,777 $10,726.71 $39,091.99 $1,958.30 Federal Way $243,141 $50,371.84 $183,573.11 $9,196.05 Kent $330,312 $68,431.17 $249,387.81 $12,493.02 Normandy $2,863 $593.13 $2,161.58 $108.29 Park Renton $337,320 $69,883.02 $254,678.90. $12,758.08 Tukwila $30,976 $6,417.34 $23,387.09 $1,171.57 Total $1,448,077 $300,000 $1,093,308 $54,769 Page 9 of 11 Resolution No. 23- (Exhibit A) Page 12 of 14 ATTACHMENT 2: Project Economic Summaries Applicant: Habitat for Humanity Seattle -King and Kittitas Counties Project Name: Burien Location: Project Description: New development of 20 homeownership condominium units Financing Sources: Funding source Proposed Amount Status SKHHP $300,000 Applied Housing Trust Fund $1,125,000 Committed King County HOME $1,547,282 Committed Fund for Humanity (developer) $4,860,994 CHIP $568,S00 Committed TOTAL $8,401,776. Development Budget: Proposed use Amount Per Unit Land acquisition Soft costs Development costs $1,020,000 $51,000 $20,713 $414,250 $6,734,026 $336,701 Other development costs $233,500 T $11,675 TOTAL $8,401,776 $420,089 Page 10 of 11 Resolution No. 23 =_ (Exhibit A) Page 13 of 14 Applicant Project Name: Location: Mercy Housing Northwest Burien Family Housing Project Description: New development of 89 unit mixed -income rental housing Financing Sources: Funding source Proposed Amount Status SKHHP Land donation $1,093,308 Applied $1,750,000 Committed Bank loan $10,390,926 4% LIHTC equity $161S23,298 To apply in 2024 Deferred developer fee $2,018,987 State Housing Trust Fund $5,000,006, To apply 2023 Amazon grant $5,000,000 Applied King County $4;900,000 Applied Mercy loan fund (developer) $750,000 TOTAL $47,426,519 Development Budget Proposed use Amount Per Unit Land acquisition (donation) $1,750,000 $19,663 Soft costs $5,974,879 $67,134 Construction costs $36,540,135 $410,563 Other development costs $3,161,000 $35517 TOTAL $47,426,519 1 $532:882 Page 11 of 11 Resolution No. 23- (Exhibit A) Page 14 of 14 COUNCIL MEETING DATE: January 17, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PARKS & RECREATION COMMISSION 2023 WORK PLAN POLICY QUESTION: Should the City Council approve the 2023 Parks & Recreation Commission Work Plan? COMMITTEE: PRHSPS MEETING DATE: January 10, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason H. Gerwen, Parks Deputy Director DEPT: Parks & Recreation Attachments: 1. Staff Report 2. Parks & Recreation Commission 2023 Work Plan Options Considered: 1. Approve the proposed 2023 Parks & Recreation Commission Work Plan. 2. Do not approve proposed 2023 Parks & Recreation Commission Work Plan and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: nee InI16 DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the proposed approval of the 2023 Parks & Recreation Commission Work Plan to the January 17, 2023 consent agenda for approval. Chair Committee Member Committee Member PROPOSt-lb COUNCIL MOTION: "I move approval of the proposed 2023 Parks & Recreation Commission Work Plan. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: 11 /8/2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jason H. Gerwen, Parks Department SUBJECT: Parks & Recreation Commission 2023 Work Plan Financial Impacts: There are no financial impacts related to approving the 2023 Parks Commission Work Plan. Background Information: At the November Parks & Recreation Commission meeting, commissioners discussed and approved moving forward the proposed 2023 Parks Commission Work Plan for City Council approval. Rev. 7/18 CITY OF Federal Way Parks & Recreation Commission 2023 Work Plan Project Summary/Objectives Commission Tasks 1. Tour park playgrounds When Status Annual Playground Improvement of playground equipment in 2. Monitor and participate in playground Equipment Replacement existing parks appropriate for the replacements. (Next up: Alderbrook, nd th 2 _ 4 qtr. neighborhood Celebration and Heritage Woods) 3. Prioritization of Funds Support volunteer events in City Parks in 1. Identify and sponsor scheduled - ?4/PAD PAD 3? 2023 Volunteer Events conjunction with Parks Appreciation Day volunteer's activities. 2. Recruit volunteers Others (PAD) in April. 3. Volunteer at events To Be Serve Day in Oct. 4. Booth @ RWB Festival Determined (TBD) Steel Lake Shop - Informational updates 1. Provide input as needed during process As needed, Replacement 2. Design & SEPA review 1St-4tn qtr. 1. Review current plan Park, Recreation, Open Continue work on new plan so the department 2. Host public meetings/Open Houses to gather information/feedback _ st to 1 4 qtr. Space Plan is eligible for grant funding 3. Participate in process, review drafts 4. Forward recommended plan to council 1. Participate in process to develop the scope of the Master Plan process. Master Plan - Brooklake CC Master Plan Brooklake Property 2. Host public meetings/open houses to 1st _ 3rd gather information/feedback 3. Participate in process, review drafts 4. Forward recommended plan to council 1. Participate in process to develop the scope of the Master Plan process. Master Plan - Steel Lake Master Plan Steel Lake Park Property 2. Host public meetings/open houses to 1St _ 3rd Park gather information/feedback 3. Participate in process, review drafts 4. Forward recommended plan to council Inform and solicit commission on Recreation/Events Update programming and events side of department. Provide input as needed during process 1st & 3rd Identify and prioritize parks trail repairs. Root Trail Repairs 1. Identify all trails in need of repairs 2. Prioritize order of needed repairs 2nd-4tn qtr_ damaged trails are a priority 3. Identify or secure funding I I COUNCIL MEETING DATE: January 17, 2023 ITEM #: 8h . . .... .... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2023 DIVERSITY COMMISSION ANNUAL WORK PLAN POLICY QUESTION: Should the City Council approve the 2023 Diversity Commission Annual Work Plan? COMMITTEE: PRHSPSC MEETING DATE: January 10, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kia McGlone DEPT: Mayor's Office Attachments: 1. Staff Report 2.2023 Diversity Commission Annual Work Plan Options Considered: 1. Approve the proposed 2023 Diversity Commission Annual Work Plan. 2. Do not approve proposed 2023 Diversity Commission Annual Work Plan and provide direction to staff. MAYOR'S RECOMMENDATION: ODtion 1. MAYOR APPROVAL: Initial/Date Initial/Date DIRECTOR APPROVAL: 9J COMMITTEE RECOMMENDATION: I move to forward the proposed 2023 Diversity Commission Annual Work Plan to the January I7th, 2023 consent agenda for approval. ommittee Chair Committee Member Committee Member PROPOKI) COUNCIL MOTION: "I move approval of the proposed 2023 Diversity Commission Annual Work Plan. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 10, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Kia McGlone, Diversity, Equity, Inclusion Analyst SUBJECT: 2023 Diversity Commission Annual Work Plan Financial Impacts: The cost to the City for the Diversity Commission was included within the approved budget under the Community Development Budget. In accordance with the approved budget, this item is funded by the General Fund. Upon completion of the 2023 Diversity Commission Annual Work Plan future costs will be minimal. All future costs will be covered with existing staffing. Background Information: The 2023 Diversity Commission Annual Work Plan was drafted at the October 12, 2022 Commission meeting, and subsequently approved at November 9, 2022 Commission meeting. The plan outlines specific goals and activities that the Commission intends to focus their efforts on for 2023. There are multiple community engagement events that the Diversity Commission plans and executes each year, including: Flavor of Federal Way, the Dr. Martin Luther King, Jr. Event, and partnering with Federal Way Public Schools and community members. The Dr King Jr. event will also be combined with the annual food and clothing drive, and presentation of the Representative Roger Freeman Award. The Diversity Commission plays an active role in community engagement and will hold community forums and partner with other City commissions and community -based organizations to support all residents of Federal Way while at the same time collaborating with City leadership so City resources are accessible and equitably shared with all communities. This Annual Work Plan is an outline of the Diversity Commission's planned efforts and goals for 2023. Rev. 7/18 City of Federal Way Diversity Commission City of Federal Way Diversity Commission 2023 Work Plan Diversity Commission 12023 Work Plan I Page 1 of 4 Terminology D.E.I.A. Diversity: Differences of culture that may include race, gender, identity, ethnicity, neu ro -specificity, nationality, social -economic status, language, level of ability, generation, belief system, lived experience, and/or political perspective. ` Equity: The quality of being fair, impartial and just. Ensuring processes are fair and accessible for everyone. Understanding that everyone does not have same starting points of advantage. Inclusion: Encouraging a welcoming culture for a diverse array of voices. The act of making a person or thing part of a group or collection. Accessibility: The quality and the ability to enter or be .reached. The practice of making information, activities, structures, and/or environments sensible, meaningful, and usable for as many people as possible. OUR MISSION: To enrich the lives of all people who live, work and play in Federal Way by advising and guiding city government with an equity lens on policies, procedures, practices and current/emerging issues. To assist our diverse communities be active participants in all City's decision -making processes so City resources do not have a disparate impact on any particular community. COMMUNITY COMMITTMENT: To partner and serve as conduit to the community for City leadership with the goal to help remove barriers and increase accessibility to City services for our diverse populations. To collaborate with City leadership to eliminate all forms of discrimination intentional or non -intentional and help diverse communities be an active part of city growth. The Diversity Commission is dedicated to helping Federal Way become a city where all people feel a sense of belonging and where there is equitable access to information and opportunities for all. 2023 Work Plan ONE-YEAR STRATEGIC OBJECTIVES: The City of Federal Way Diversity Commission shall: Engage with Federal Way residents and businesses through community listening tours with intentions to build knowledge about local and regional D.E.I.A. issues and partner with city leadership to create solutions to remedy these challenges. Commission will partner with City leadership/staff to develop equity grocessltool kit to increase equitable outcomes for all residents and stakeholders for City of Federal Way. Diversity Commission 12023 Work Plan I Page 2 of 4 City of Federal Way Diversity Commission 2023 Work Plan Action Steps 1) Serving as advisory group to City Government and staff. The Diversity Commission will: a) Present at least quarterly at City Council meetings community needs (i.e. education, community safety, social services, etc.) and collaborate to provide solutions for community support. (* Invite leadership to D.C. meetings minimum quarterly. b) Collaborate with City elected officials and staff regarding city programs/services to promote D.E.I.A. for all community members. c) Partner with other commissions, community organizations/members to increase civic engagement to promote inclusion and help increase diverse workforce representation and diverse leadership opportunities. 2) Each Diversity Commissioner is responsible for: a) Actively participating in community outreach/engagement with communities that have been historically marginalized/vulnerable communities and/or experiencing most barriers to City services/programs. (i.e. Seniors, disabled, Veterans, Limited English Proficient, Homeless, etc.) b) Participating/contributing to planning subcommittees to share work load. c) Rotate attendance at City Council meetings/other public meetings and proactively share opportunities to promote D.E.I.A. in City processes. d) In the event of overlapping goals, the Diversity Commission will work collaboratively with other offices, agencies, and commissions of the City of Federal Way. 3) The Diversity Commission will collaborate with City elected officials and staff to develop an equity process/tool kit to increase D.E.I.A. working with diverse communities regarding city projects, programs and services. a) This process will ensure community members that are most negatively impacted by city actions be included/informed and actively engaged throughout the decision -making process. This workplan is organic and does not represent the full scope of opportunities the Diversity Commission can undertake. The Diversity Commission reserves the right to call special meetings to address certain community issues that may impact the City of Federal Way. The Diversity Commission may include opportunities to discuss current local, state, and federal issues around D.E.I.A. Diversity Commission 12023 Work Plan I Page 3 of 4 City of Federal Way Diversity Commission 2023 Annual Diversity Commission Projectsllnvestments (' Projects may alter due to community needs.) Conduct community listening tours in order to be informed of changing community needs and share data with City leadership. • Co -create equity process/tool kit for City -departments to help increase D.E.I.A. for all residents and stakeholders. Sponsor/host City of Federal Way annual Dr. Martin Luther King Celebration. • Commissioners will participate in/share professional development opportunities to support City growth and support innovation. • Analyze budget with equity lens to support community events as needed. Participate with City Comprehensive Plan creation to promote D.E.I.A for all community members and stakeholders. Subcommittees The Diversity Commission uses subcommittees to carry out shared commitments that are community driven and sponsored by City of Federal Way. Subcommittees may be either ad hoc or ongoing. - Subcommittees that have existed in the past, include: a) Community Engagement/Community Listening Tours b) Flavor of Federal Way c) Diversity Equity Inclusion Accessibility Training d) Dr. Martin Luther King event (Partnering with community groups and Federal Way Public Schools) e) Annual Food/Clothing Drive f) Representative Roger Freeman Award g) Retreat Planning h) Community Safety i) Calendar Setting j) Intra-Commission Partnerships k) Resource Link 1) Racial Equity Tool Kit m) Book Drive (Read out Loud) n) Equity in Education The Diversity Commission may use any of the subcommittees above or add additional subcommittees per shared commission goals to increase D.E. I.A. per City Code Chapter 2.65 Diversity Commission 12023 Work Plan I Page 4 of 4 COUNCIL MEETING DATE: January 17, 2023 ITEM #: / a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AWC HOUSING SOLUTIONS WORKGROUP RECOMMENDATIONS POLICY QUESTION: Should the City provide written comments in response to the Association of Washington Cities Housing Solutions Workgroup Recommendations? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Keith Niven, CD Director DEPT: Community Development Attachments: 1. Staff Report 2. SCA Attachment 1 Options Considered: 1. Authorize the Mayor to draft and send Sound Cities a letter outlining the City's concerns with the proposed Recommendations. 2. Remand to LUTC to provide additional discussion and direction. 3. Do not pursue additional actions. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: �� 1/1 Initial COMMITTEE RECOMMENDATION: N/A 'l l f'>' , DIRECTOR APPROVAL: KP M 3M 23 Ca it Initial Datc Initial/Date Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—11/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: 11 January 2023 TO: City Council VIA: Jim Ferrell, Mayor FROM: Keith Niven, CD Director SUBJECT: SCA Housing Solutions Workgroup Recommendations Financial Impacts: This in an informational item only. Background Information: Over the second half of 2022, staff from AWC worked through a facilitated process with a Housing Solutions Workgroup to develop a set of proactive housing solutions to help address the pressing need for more affordable and available housing in our communities. Members of the workgroup brought together a broad selection of city perspectives to develop policy proposals to present to the Legislature in 2023. The goals of the workgroup included: ■ Identifying policy solutions that cities broadly support that will result in creating more housing availability and affordability; ■ Ensuring proposals are scoped to the true size of the challenge and the true barriers; ■ Demonstrating cities' commitment to identifying solutions to impact housing availability and affordability; and, ■ Identifying areas of middle ground to inform AWC's approach to developing a package and advocacy strategy for 2023. Additional background information is contained in Attachment 1. Summary & Evaluation: 1. The following represents the recommendations and staff s response: a. No maximum density allowed within 'h mile walking distance of rapid transit (rail -based and bus rapid transit), if 20% of units are affordable at 80% of AMI or below for fifty years. Staff response: removing density limits removes the City's ability to control building scale and massing. For Federal Way, we have discussed and have proposed code amendments (2023) setting both minimum densities and maximum densities for the zone surrounding our northern light rail station and existing transit center. It is our belief that establishing reasonable minimum and maximum densities for residential development will help the City both achieve its housing target; and, guide the redevelopment of the City Center toward a human -scaled downtown. b. Cities may set minimum density and higher affordability standards. Staff response: This offers no legislative authority or mandate that does not exist already, and does not require comment from the City. Rev. 6/2020 Page 2 c. Cities may otherwise regulate through local development standards including height and envelope limitations. Staff response: This offers no legislative authority or mandate that does not exist already, and does not require comment from the City. d. Cities must allow at least three units per residential lot, in any configuration, by permitted use within'/ mile walking distance from schools and community parks. ADUs and DADUs count as a unit each. Cities may otherwise regulate through local development standards. Staff response: the impacts to this proposed recommendation would require analysis by staff, which has not been completed. e. If no rapid transit exists in a city, city must allow at least three units per lot within a 1/ mile walking distance of arterials. Staff response: N/A f. Individual lots can be excluded with a documented finding of an infrastructure deficiency. Staff response: this recommendation is connected to recommendation "d" above. This would allow for excluding portions of the City with lack of water, sewer, stormwater, or street improvements. If "d" above is adopted, this recommendation should be supported. g. 75% of residential lots in a city must allow at least three units per lot, in any configuration, by permitted use. Cities may otherwise regulate through local development standards. Staff response: the impacts to this proposed recommendation would require analysis by staff, which has not been completed. h. Exempt all residential development from SEPA if the development intensity is consistent with what is planned for in the comprehensive plan. Staff response: this would allow for quicker permitting. The City just approved larger thresholds for projects to be exempt from SEPA in an attempt to streamline permitting. i. Eliminate external design review boards and only allow administrative review of design standards. External design review boards include community volunteer based advisory boards. Staff response: N/A — the City does not have an external design review board. j. Provide state funding assistance for voluntary code audits and to develop more online and streamlined permitting systems. Staff response: no concerns. k. Support changes to the state building code to facilitate middle housing (eg. apply the residential building code up to six units). Staff response: this item is currently being discussed by WABO (WA Association of Building Officials). Any concerns would be from a Building Code perspective, not land use. 2. As discussed at the December 6, 2022 City Council meeting, one of the City's top 2023 legislative priorities is: Maintain the Ability of Local Government to Plan for Growth As defined, this priority states "The City of Federal Way has not sought to limit growth generally or the construction of new and affordable housing, but has invested considerable time and effort, through deliberate processes that involve extensive public participation, to plan for smart growth. Instead of proposing to mandate zoning standards from Olympia, the state should look to provide incentives to cities which would promote higher densities and leave local zoning decisions with city elected officials." Staff response: many of these recommendations are contrary to this legislative priority. Briefing on AWC Housing Solutions Group Process Identify policy solutions that cities broadly support that will result in creating more housing availability and affordability. ,S/ Ensure proposals are scoped to the true size of the challenge and the true barriers Demonstrate cities commitment to identifying solutions to impact housing availability Iffil and affordability. Identify areas of middle ground to inform AWC's approach to develop a package and advocacy strategy for 2023. Solutions Group Members BRIM LUCAS ARAM LINGOIN CARL FLOREA SENIOR PLANNER DEPUTY CITY MANAGER MAYOR CHENEY, DISTRICT 1 Pasco, D Ida 2 LEAVENVVIOm, DisRic-r 3 LEONM BAM ANGEIA BIRNEY EMIL Km -NrT!r DEVaOPMENr DIRECTOR MAYOR PL4ruWG aitEC3oR OLYMPIA, DwRicT 6 REDhIGNL>, DISTRICT 7 BELLME, DISTRICT B EOM FINES DAN STRAUSS ROB PUTAANSUU COUNOLMEMBER COUNCf MEMBER MAYOR TACOMA, Disrlcr 10 SEATTLE, DISTRICT 11 PbRTORCFiARD, DISTRICT 12 STEVE STUART TY STOBER CITY MANAGER MAYOR PRO TEM RIDGEFIELD, DISTRI< 5 VANCOUVER, D19RICT 5 Dow MATsumoto-WRIGHr BETSY WILKERSON MAYOR COUNO LMEMBER MMINTLAKE TERRACE, D STRICT 8 SPOKANE, DISTRICT 9 AUAN EICBM RYAN WALTERS MAYOR COUNCILMEMBER TuKwILA, DISTRICT 13 ANACORTES, D STRK71 d SCA PIC December 14. 2022 1 Attchrnent 6 B 30 What have we seen in the housing market? • Declining share of detached housing being built for nearly 20 years • More multifamily being built than single family for first time ever • Increasing rent levels, increased home sale prices • Increasing cost of new construction for both rentals and home ownership over time • Limited availability of residential construction workforce to meet need SCA PIC December 14, 2022 1 Attchment 6.B 31 State action on land use and housing in the last 5 years 2017 • SB 5254 — Adequacy of buildable lands and zoning in UGA; funding for low-income/homeless housing 2019 • HB 1219 — REET 2 for affordable housing and homelessness • HB 1377 — Increased density requirement for religious property • HB 1406 — Encouraging investments in affordable and supportive housing (sales tax credit) • HB 1923 — Incentivized increasing urban residential building capacity (i.e. density); parking reductions near transit for low-income housing 2020 • HB 2950— MFTE extension • SB 6617 — ADU parking restrictions • HB 2343 — Extended and expanded HB 1923; adding parking restrictions near transit for market rate multifamily housing • HB 1590 — Councilmanic sales and use tax for housing 2021 • HB 1220 — Zoning mandate for shelters and supportive housing; expanded GMA Housing Element requirements for increased density, low-income housing, barriers/gaps, and displacement evaluation (unfunded) • SB 5287 — M FTE reform 2022 • ■ SB 5818 — SEPA exemptions for 32 HB 2673 —SEPA exemption for infilkcA Pic December 14, 2022 1 Attchment 6.B development capacity increases and more City adopted recent revenue tools nn _:.:__ (HB 1406 & HB 1590) HB 1923 & HB 2343 - Incentivized increasing urban residential building capacity and parking restrictions near transit (2019 & 2020) These bills encouraged cities to adopt new development regulations to increase density and to adopt housing action plans by offering up to $100,000 in planning funds City received Housing Action Plan grants -7-1 -:&:-- How have cities responded? SCA PIC December 14, 2022 1 Attchment 6 B 34 City actions taken in the last year (67 cities reporting) Created (-ing) HAP Reduced infill barriers Partnered to provide land/resources for spec. projects New housing types in single family zones 45% 28% Implement HAP 27% Funded project(s) with local funds -- — - — — - 21% Streamlined/expedited dev. review I : _ _ 4- Ti M - 19% Lowered or waived fees . - — - - - — 15% 31% 39% 0 5 10 15 20 25 30 SCA PIC December 14, 2022 1 Attchment 6.6 35 Themes that guided our discussions: • Cities play an important role in promoting housing development, particularly in terms of development authority and permitting, and infrastructure provision. Increasingly accessing revenue tools. Cities want everyone to do their part, but flexibility on how. • Cities do not build housing and d,o not fully control when and where building occurs. • Any successful package of proposals that will meaningfully improve our housing availability and affordability must involve more than just zoned capacity and supply-side trickle -down solutions. • There is a need for significantly more investment in housing for people at income levels that the market cannot and will never serve. SCA PIC December 14, 2022 1 Attchment 6 B 36 Why won't market -only solutions work? The housing need is greatest at the lowest income levels 'Snohomish County Projected Countyusride Needs Based on User Inputs Scenario: PSRC Vision 2°5°"°°" 50.804c 0.10090 100.120%, 1104f.t Total that will not be built by Totd e•30% 7040% Total Futwe Housing 12044) Bowline Housing Supply (20201 475,513 317,348 48,915 10,998 65,483 42,985 83,979 67,180 76,233 65,821 62,562 49,788 135,002 83,835 the private market (0-50% Net Now Housing Noedod (2020-2044) 158,165 37,917 32A" 16,799 13,672 16,034 51,247 King County Projected Countywide Needs Based on User Inputs AM I) and requires s u bs i dy- Scanario: PSRC Vision 2050 (2044) - - 80-100% 100-120% 120%+ just in the Puget Sound Total 0.30% 30-50% 50-80% Total Future Housing (2044) 1,290,335 172.833 141,775 178,759 196.918 137,179 462,871 Baseline Housing Supply (2020) 960,951 30,381 91,505 155,214 181,009 119,133 375,709 Region: Net New Housing Needed (2020-2044) 329,384 13�t,t •7 50,27n 23,544 15,909 10,046 07,162 Pierce County Projected Countywide Needs Based on User Inputs Scenario:PSRC Vision '(2094' oao% 30•50% SO.80% 80.100% 100-120 120 + 316,946 units by 2044. Tawi Total Fuane Housing (2044$ 493,590 43,171 59,76` 133,822 82,744 55,499 118,587 Bos*lint Housing Supply 12020) 355,799 1 G.1 2- 36,7 3d 112,533 72,435 46,088 77,878 oo Not New Housing Ndod (2020-2044) 137,791 _ . - ... _ _ - ❑ 21,290 10,308 9,411 40,709 Kitsap County Projected Countywide Needs Based on User Inputs Scenario: PSRC Vision 2030 (20") Total 0-30% 30-50% 50-80% BO-100% 100-120% 120%+ Total Future Housing (2044) 145,250 14,435 17,275 38,462 21,688 14,393 38,997 Baseline Housing Supply (2020) 110,914 1,237 11,737 33,907 19,338 12,078 29,617 Net New Housing Needed (2020.2044) 34,336 1061". 4,555 2,351 2,314 9,381 PIC Dec ember 14, 2022 1 Attchment 6.13 Source: Draft allocations from HB 1220 37 Package components: Zoning around transit • Maximize density around regional transit assets. No maximum density in residential areas within % mile walking distance of rapid transit if 20% of units are affordable at 80% of AMI for 50 years. Cities may set minimum density and higher affordability standards. • Cities may otherwise regulate through local development standards including height and envelope limitations. • Cities over 20,000 without rapid transit: City must allow at least three units on every lot within % mile walking distance of arterials. 38 Package components: Zoning around community assets (Cities over 20,000) • Maximize utilization of community amenities (Choose A or B). • A. Cities must allow three units per lot within % mile walking distance around schools and community parks. City can otherwise regulate through development standards. Individual lots can be excluded with a documented infrastructure deficiency ■ • B. 75% of residential lots in a city must allow at least three units per lot, in any configuration, by permitted use. Cities may otherwise regulate through local development standards. SCA PIC December 14, 2022 1 Attchment 6.13 39 Package components: Regulatory streamlining ° Exempt residential development from SEPA if consistent with comprehensive plans • Eliminate external design review boards but allow administrative review of design standards. • Provide state funding assistance for voluntary code audits and to develop more online and streamlined permitting systems. Changes to the state building code to facilitate middle housing 40 Package components: Infrastructure Funding Infrastructure investments to support housing • Restore revenues to the Public Works Assistance Account to ensure infrastructure funding for capacity increases is available. Enhance Connecting Housing and Infrastructure Program 41 Package components: Direct Housing Funding Increase funding for low-income housing by at least $1 billion per year. Building on historic recent investments. • Provide new .25% councilmanic local option REET that can be used to fund affordable rentals, affordable home ownership, and infrastructure to support housing. Allow cities to convert local REET taxes to "progressive tiers" mirroring the state. • Provide additional flexibility for use of lodging taxes for affordable housing. • Increase funding for cities to plan for housing and density increases. SCA PIC December 14, 2022 1 Attchment 6 B 42 COUNCIL MEETING DATE: January 17, 2023 ITEM #: J b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CONFIRMATION OF CITY COUNCIL EXECUTIVE ASSISTANT — Amy GLANDON POLICY QUESTION: Should. the City Council confirm the Mayor's appointment of Amy Glandon as full-time City Council Executive Assistant? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian Davis, City Administrator DEPT: Mayor's Office Per FWRC 2.08.050, the position of City Council Executive Assistant "shall be filled by appointment by the mayor and confirmation by a majority of the city council_" Options: l . Approve the Mayor's appointment of Amy Glandon as full-time City Council Executive Assistant 2. Do not approve the Mayor's appointment MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A Committee Inittat'Dalc COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAL: ,Q°i1i~,a am Wtial/Date PROPOSED COUNCIL MOTION: "I move to confirm the Mayor's appointment of Amy Glandon as full-time City Council Executive Assistant. " (BELO R' TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPR*VED COUNCIL BILL # 0 DENIED First reading 0 TABLED(DEFERRED/NO ACTION Enactment reading 0 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED—11/2020 RESOLUTION # COUNCIL MEETING DATE: January 17, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2022 VARIOUS CODE AMENDMENTS ITEM #: 10a POLICY QUESTION: Should the City Council approve various code amendments to Title 18 "Subdivisions" and Title 19 "Zoning and Development Regulations" relating to boundary line adjustment submittal, hearing notices, affordable housing definition, community design guidelines, residential setbacks, off-street parking minimums, corrections to wetland buffer width, and a correction to multi -family zone chart heading. COMMITTEE: Land Use & Transportation Committee MEETING DATE: January 9, 2022 CATEGORY: ❑ Consent ❑ City Council Business STAFF REPORT BY: Natalie Kamieniecki Attachments: 1. Staff Report 2. Ordinance Options Considered: ® Ordinance ❑ Public Hearing ❑ Resolution ❑ Other DEPT: CD 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: 't DIRECTOR APPROVAL: Cuu iunc Co ; I Initial/Date Initial'D. Initial+Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 17, 2023. _ 00aved \1i0_ 2aom_ _ e a �Committee Chair omI ittee Member lZbmmittee Member PROPOSED COUNCIL MOTION(S): i / FIRST READING OF ORDINANCE JANUARY 17, 2023: "1 move to forward the proposed ordinance to the FEBRUARY 7, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE FEBRUARY 7, 2023: "1 move approval of the proposed ordinance. " 1BELOa-TO 8E COMPLETED $Y CfT N CLERKIS OFFICE? COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 11/2019 RESOLUTION # CB# 840 CITY OF FEDERAL WAY MEMORANDUM DATE: LUTC January 9, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor Keith Niven, Interim Community Development Director KP FROM: Natalie Kamieniecki, Associate Planner SUBJECT: 2022 Various Code Amendments I. Financial Impacts: There are no costs to the City for adopting the proposed code amendments; all time spent implementing the permitting aspects of the ordinance will be subsumed by existing staff. II. Background Planning staff propose code amendments annually. These minor code amendments are aimed at helping to ensure streamlined permitting process, provide flexibility on design, clarity on applicable development standards, correct minor errors, and update definitions. III. Proposed Code Amendments (Summary) This section provides a summary of the proposed code amendments. The complete proposed zoning code text is enclosed within the draft Ordinance. 1. Boundary Line Adjustment Application Submittal Requirements: Proposed code change aims to provide greater consistency within Title 18 Subdivisions for minimum application information necessary in order to conduct project review. This change would be an effort to increase continuity throughout the chapters and streamline permit submittals. 2. Hearina Notice Recluirements: Proposed code amendment establishes a distinction between a "public hearing" and an "appeal hearing." The proposed code amendments further that effort by removing appeal hearing content from the public hearing notice provisions, as there are already separate appeal hearing notice provisions. Further clarification is provided on who should receive appeal hearing notices, and that the Hearing Examiner's decision is due within 10 days after both appeal and public hearings. 3. Process VI Council Rezone Criteria: Clarification of the decisional criteria for site specific quasi-judicial comprehensive plan amendments and rezone applications to be consistent with administrative procedures. Rev- 6/2020 January 9, 2023 Land Use and Transportation Committee 2022 Various Code Amendments Page 2 4. Affordable Housing Definitions: Update data source for affordable housing from the median county income to Area Median Income (AMI). AMI data is updated on a more frequent basis and provides a more accurate assessment for affordable housing determination. Strike inapplicable code section FWRC19.110.010 (5). 5. Communit_N, Design Guidelines: Remove outdated site design element "phone booth". Correction within the district guidelines section for non-residential uses in residential zones. Correction to FWRC 19.115.090 (4) for "non-residential uses" to be directed to the correct "non-residential" design guideline elements. 6. Structures and Improvements: With a marked rise in overall temperatures, the city has seen increased interest in adding air conditioning units either to existing homes or new construction within the side and rear setback area. The proposed code amendment would allow for (1) residential heating, air conditioner, emergency generator or similar mechanical unit to be located within a side or rear setback in the single-family residential zone. 7. Off Street Parking Minimums: Update to be consistent with RCW 36.70A.620. Insert as a footnote within the applicable zone charts referencing new section with new parking minimum standards. Development subject to the parking minimums would need to be within '/4 mile of a transit stop that meets a prescribed level of service and frequency at the transit stop. The Director would be able to require additional parking if it is determined there is insufficient on -street parking in the vicinity. 8. Wetland Review: Correct the distance in which a critical areas wetland report is required from 225 feet to 300 feet in order to be consistent with maximum potential buffer widths in FWRC 19.145.420. This measure is consistent with Best Available Science. In addition, clarify what part of the wetland buffer can be reduced. Specify wetland buffer intrusion reductions as width, area outer perimeter. 9. Correction to Multi-Famil3l Proposed code amendment is a correction to the zone chart heading. This code amendment does not change any regulation and is a correction only. IV. PROCEDURAL SUMMARY 9/16/22: Public Notice of SEPA Decision published and posted (website) 9/16/22: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 9//22: End of SEPA Comment Period 10/21 /22: End of SEPA Appeal Period 11/2/22: Planning Commission Public Hearing 12/5/22: LUTC Council Committee January 9, 2023 1/3/23: City Council I" Reading January 17, 2023 1/17/23: City Council 2nd Reading February 7, 2023 January 9, 2023 Land Use and Transportation Committee 2022 Various Code Amendments Page 3 V. PUBLIC COMMENTS The City received public comment regarding amendment for (1) single-family mechanical unit to be allowed within either the side or rear setback. Public Comment is included as Attachment 1 to this staff report and summarized below: Public Comment expresses concerns regarding noise of air conditioning units when placed within the side yard setback. Questions on how noise complaints will be handled and how noise effects special needs disabilities. VI. PLANNING COMMISSION PUBLIC HEARING The Planning Commission conducted a Public Hearing on November 2, 2022 the Planning Commission received a staff presentation from Community Development staff and public comments regarding the proposal. Following Commission discussion and deliberations, the Planning Commission recommended approval of the proposed code amendments. The vote was unanimous. VII. FWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The city may amend the text of the FWRC only if it finds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan. The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) policies and goals: LUG2 Develop an efficient and timely development review process based on a public/ private partnership. LUP4 Maximize efficiency of the development review process. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. LUP15 Revise existing land use regulations to provide for innovation and flexibility in the design of new single-family developments and in -fill 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. The proposed amendments serve to reduce need for staff interpretation, correct errors in code, streamline permit processes and bring code into compliance with state regulations and therefore bear a substantial relationship to public health, safety and welfare. 3. The proposed amendments are in the best interest of the residents of the city. The proposed FWRC text amendments allow the City to correct minor errors and incorporate new standards to allow for streamlined permit submittals, correction of minor text errors and provide consistent standards for determining applicability of development standards. VIII. STAFF RECUAiuENDATION Subject to Planning Commission Recommendation, based on the above staff analysis and decisional criteria; staff recommends that the proposed amendments to FWRC Title 19, January 9, 2023 Land Use and Transportation Committee 2022 Various Code Amendments Page 4 "Zoning and Development Code," and FWRC Title 18 "Subdivisions", be recommended for approval to the City Council. January 9, 2023 Land Use and Transportation Committee 2022 Various Code Amendments Page 5 ATTACHMENTS Attachment 1— Public Comment January 9, 2023 Land Use and Transportation Committee 2022 Various Code Amendments Page 6 Attachment 1 Natalie Kamieniecki From: Greg L Sent: Wed nes ay, ep ern er_ To: Natalie Kamieniecki Subject: Comments about setbacks amendment [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. "Allowance for 1 residential mechanical unit ... to be ...no closer than 2 ft from the side of the property" is a very worrisome idea. It's mean that neighbour a/c unit can be running 7 ft from my windows and fireplace to increase more noise and disturbed my peace and family rest. "The noise generated by these HVAC units increased due to the echo effect as the noise bounces off each home"'. -City of Auburn (mis16-0009) "As the condenser units produce a continuous , steady sound while operating, the owner will most likely locate the unit as far as possible from his or her bedroom or outdoor living area..." -City of Seattle(smc 23.44.014.12) How will the city handle noise complaints? What if the unit is placed next to an adjacent homeowner window(s) or gas fireplace with venting exhaust outdoors (through the wall)? What consideration has been given to those who are noise sensitive through disability? How will the city insure the installations location produces the least noise impact for adjacent locations and not for the optional benefit of the installer? If a variable location or builders hookup is available but not used? For narrow and small residential lots during emergencies how will individuals or first responders access the setback area if block by mechanical unit? Would they have to climb over the unit? Or trespassing onto the adjacent lot(if not fenced Will this be for new equipment going forward or retroactive? If retroactive,why are non -code and non -permitted installment being rewarded? What kind of protection and support my family can received from constant noise and resonant hum that will increased by not my choice? Cities such as Seattle, Auburn, Tacoma and others prohibit mechanical units within SETBACK for noise and safety reasons; the Clty of Federal Way should keep existing law for sake of my family and city residents. Resident of Federal Way January 9, 2023 Land Use and Transportation Committee 2022 Various Code Amendments Page 7 . Natalie Kamieniecki w From: Gregory L. Sent: Friday, September 30, 2022 1:09 PM To: Natalie Kamieniecki; COUNCIL Subject: Public comment for 2022 code amendments [side & rear setbacks] [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Hello Natalie, Please add the following letter to the public comments section for proposed 2022 code amendments, and please confirm email was received successfully. Thank you and have a great weekend, Greg Hello City Council and Mayor, I am writing to urge reconsideration of allowing mechanical units, such as Air Conditioning ("A/C") units, within the existing 5-foot side set back rules. Allowing for placement up to 2 feet from the property line will increase noise complaints and decrease safety. We all desire for our home to be a quiet, peaceful, and a relaxing place for ourselves, our children, and grandchildren. As housing has become less affordable residential lots have gradually gotten smaller and narrower. This has placed homes closer together. My family and I live in such a community. We live with our disabled son. Homes are 10 feet apart from neighbors on each side. They're very close together. Many homes in our community have existing A/C units which have been placed in the rear of the home, per code requirements. We personally do not have an A/C unit because we, and our disabled son, value quietness. Over a year ago one of our neighbors installed an A/C unit within the side setback. Not per code, no permits, and no passed permit to this day. The neighbor on the opposite side of our home has had an A/C unit on the rear of their home( where trees grow and open space) and it's a night and day difference between the two. The A/C unit installed within side setback (homes being 10 feet apart) is a significant disturbance for my family. It disturbs our lives, our valued quietness, rest and even sleep. Noise, hum, running fan can be heard throughout the house, walls, and windows. We have multiple windows next to this A/C unit. We also have a gas fireplace with an outdoor exhaust [hole] through the wall. January 9, 2023 Land Use and Transportation Committee 2022 Various Code Amendments Page 8 Since our community has homes very close together [10 feet apart] the noise generated from HVAC increases due to an echo effect as the noise bounces off each home in the confined space. Worst yet a builder HVAC hookup was available in the rear of the home. By decreasing the side setback rules this will incentivize individuals to place units furthest away from their outdoor entertainment area and bedrooms at the expense of adjacent homes, as were experiencing. This additionally creates a safety hazard for communities. For communities where homes are very close together during daily use how would one access the side setback area if an HVAC was placed there? Would two feet be sufficient for moving front/back? How would this impact first responders during emergency situations? My family and I humbly ask those involved in the decision process to reconsider how the changes will impact families in the city, including vulnerable individuals such as my disabled son who is noise sensitive. If an adjacent neighbor put a large A/C unit several feet from your own living room or bedroom? Please, keep the 5-foot side setback area open. Thank you, Greg Laivrentyev ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to various amendments to Titles 18 (Subdivisions) and 19 (Zoning and Development; amending FWRC 18.10.030, 19.05.010, 19.70.060, 19.70.150, 19.75.060, 19.80.140, 19.110.010, 19.115.050, 19.115.090, 19.125.160, 19.130.020, 19.145.410, 19.145.440, 19.195.015, 19.200.020, 19.200.045, 19.200.100, 19.205.010, 19.205.040, 19.205.070, 19.205.080, 19.215.050, 19.215.070, 19.215.150, 19.220.050, 19.220.080, 19.220.100, 19.220.105, 19.225.055, 19.225.070, 19.225.075, 19.230.055, 19.230.060, 19.230.065, 19.240.085, 19.240.095 (Amending Ordinance Nos. 90-40, 90-41, 90-43, 90-631, 92-133, 93-170, 95-245, 96-270, 96-271, 97-291, 99-333, 99-337, 00-375, 01-381, 01-382, 02-424, 02-426, 03-443, 04- 468, 05-506, 06-515, 07-545, 07-554, 07-559, 07-573, 08-585, 09-593, 09-604, 09-605, 09-594, 09-610, 09-631, 10-651,10-669, 10-678, 11-681, 11-700, 12-713, 13-754, 14-760, 14-778, 15- 797, 15-804, 17-834, 18-850, 18-852, 18-844, 20-898, 21-921 and 22-932.) WHEREAS, the City recognizes the need to periodically modify Titles 18 (Subdivisions) and 19 (Zoning and Development Code) of the Federal Way Revised Code ("FWRC"), in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, the Washington Growth Management Act requires that development regulations be subject to continuing evaluation and review; and WHEREAS, the city has identified miscellaneous issues of clarity and consistency, opportunities for permitting efficiencies, and compliance issues with newly passed and/or amended State laws and regulations that this ordinance seeks to remedy; and WHEREAS, State agencies received a 60-day notice of the proposed amendments on September 27, 2022; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 18 and 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and Ordinance No. 23- Page I of 170 WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the proposed various code amendments on September 16, 2022, two public comment letters from one individual were received. The DNS was finalized on September 30, 2022; and no appeals were filed and the appeal period expired on October 21, 2022; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on November 2, 2022, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use & Transportation Committee of the City Council of the City of Federal Way considered these code amendments on December 5, 2022, and recommended adoption of the proposed various text amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The recitals set forth above are hereby adopted and restated as finding of fact. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by ensuring conformance with state law, protecting public health and safety, and clarifying items within the Code resulting in less need for interpretation. (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. (d) These code amendments are consistent with the intent and purpose of their respective titles under FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. Ordinance No. 23- Page 2 of 170 (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. FWRC. (f) These code amendments have followed the proper procedure required under the Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and 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 proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUG2 Develop an efficient and timely development review process based on a public/ private partnership. LUN Maximize efficiency of the development review process. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. LUP15 Revise existing land use regulations to provide for innovation and flexibility in the design of new single-family developments and in -fill (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they will offer increased efficiencies for permit applicants, clarify ambiguities in the current code thereby reducing the need for staff interpretations, and make the FWRC consistent with recently approved changes to state law. Ordinance No. 23- Page 3 of 170 (c) The proposed amendments are in the best interest of the public and the residents of the City because they promote permit efficiency resulting in more consistency and predictability for the public. Section 3. FWRC 18.10.030 is hereby amended to read as follows: 18.10.030 Applications. Applications for boundary line adjustments shall at minimum provide the information contained within City of Federal Way Department of Community Development Bulletin No. 038, Boundary Line Adjustment Submittal Requirements. The submittal requirements are not intended to determine if an application conforms to city of Federal Way codes. They are used only to determine if all required materials have been submitted. A code -related review will occur after a complete application has been submitted. The director may waive any sections determined to be not reasonably necessary. be sttbmitted to the depai4meat of eemmidnity area,(2) The existing lot lines show-11 in dashed fines and the feet,of eaeh of the lots; Ri!!!R-'.f!*!!!ZG!!!lJ.S!/.�f!!ll��J.. Section 4. FWRC 19.05.010 is hereby amended to read as follows: Ordinance No. 23- Page 4 of 170 19.05.010 A definitions. "Abandoned" means knowing relinquishment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" includes but is not limited to circumstances involving tax forfeiture, bankruptcy, or foreclosure. "Abandoned personal wireless service facility" means a WSF that meets the following: (1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or (2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or (3) The antenna has been relocated at a point less than 80 percent of the height of the support structure; or (4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. "Accessory" means a use or structure which is subordinate and incidental to the principal use or structure on the subject property, and supports the principal use or structure without displacing or dominating it. A structure is only accessory within the meaning of this definition when it has less gross square footage and its height is equal to or less than the height of the principal structure on the subject property. See FWRC 19.265.010. "Accessory living facility" means an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee's family, or for the business owner/operator and that person's family. Ordinance No. 23- Page 5 of 170 "Active uses" means uses that by their very nature generate activity, and thus opportunities for natural surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc. "Adjoining" means property that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is 100 feet or more from a low density zone is not considered to be adjoining that zone. "Administrator" for the purpose of sign regulations means the director or his/her designated representative. "Adult entertainment, activity, retail, or use" shall mean all of the following: (1) "Adult theater" shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (defined below) for observation by patrons therein and which excludes minors by virtue of age. (2) "Adult entertainment" shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined in FWRC 19.05.190) and which establishment excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in FWRC 12.10.010. (3) "Panorama " and 'peepshow " shall mean as defined in FWRC 12.10.010. (4) "Adult retail" shall mean a retail establishment which, for money or any other form of consideration, either: (a) Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult -oriented merchandise; or Ordinance No. 23- Page 6 of 170 (b) Provides, as its substantial stock -in -trade, for the sale, exchange, rental, loan, trade, transfer, and/or viewing or use, off the premises, any adult -oriented merchandise. Activities and uses defined as "adult entertainment, activity, retail, or use" are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. "Adult family home" means a residential home for which a person is licensed to provide personal care, special care, room, and board to more than one, but not more than six, adults who are not related by blood or marriage to the person or persons providing the services. The number of residents in an adult family home may be no more than the total of the residents being provided services, plus a family that includes at least one service provider. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. § 3604(f)(3)(b). This definition shall not be applied to the extent that would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.105.080. "Adult -oriented merchandise" shall mean any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or "specified sexual activities" (defined in FWRC 19.05.190). "Agricultural use" means any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. See definition of "urban agriculture." Ordinance No. 23- Page 7 of 170 "Air rights " means the right to control the use of the space above the surface of the ground. "AKART" means "all known, available and reasonable methods of prevention, control and treatment," and is the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a point or nonpoint discharge. See also "best management practices." "Alluvium " means soil deposits transported by surface waters. Animal Care Facility. See definition of "animal kennel." "Animal kennel" means any structure or premises in which animals are boarded (including day care) or bred for a fee or compensation. Animal kennels may also offer grooming, training, sales of ancillary items, and related activities. "Antique" or "collectible" means any article which, because of age, rarity, or historical significance, has a monetary value greater than its original value, or which has an age recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise. "Applicant" means a person who, whether personally or through an agent, seeks, requests, or applies for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC); a person who is the owner of property subject to this title, and a person who is engaged, whether personally or through an agent, in development activity. "Applicant" includes both the principal and any agent. "Aquifer" means a geological formation that is capable of yielding a usable amount of fresh water to a well or spring. Ordinance No. 23- Page 8 of 170 "Arcade " means a linear pedestrian walkway that abuts and runs along the facade of a building. It is covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its open side. There may be habitable space above the arcade. "Architectural embellishments for sign regulations" means the aesthetic elements of the structure that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. "Area Median Income (AMI)" means the Metropolitan Statistical Area median income adjusted for household size as defined by the United States Department of Housing and Urban Development. "Average building elevation (ABE) " means the average of the highest and lowest existing or proposed elevations, whichever is lowest, taken at the base of the exterior walls of the structure, or it means five feet above the lowest of the existing or proposed elevations, whichever is lowest. ABE is the elevation from which building height is measured. A�CW4E UuW r Heigh, E&west Reference "ghest Eeunion jdatum (ASE) EexaVon "Average slope" means the average grade of land within each land area representing a distinct topographical change. Ordinance No. 23- Page 9 of 170 "Awning" means a nonrigid, roof -like cover that projects from a building as a shelter, but that does not project above the adjacent parapet or roof of a supporting building. Section 5. FWRC 19.70.060 is hereby amended to read as follows: 19.70.060 Notice. (1) Contents. The director shall prepare the following notices as applicable: (a) Notice of application. A notice of application shall contain: (i) The name of the applicant and, if applicable, the project name and file number. (ii) The date of application, the notice of completion, and the notice of application. (iii) The street address of the subject property or, if this is not available, a description of the location of the property in nonlegal language. Except for notices published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (iv) A brief description of the requested decision, including a citation to the provision of this title governing the request, a list of the project permits included in the application and, if applicable, a list of any studies requested. To the extent known by the city, the notice shall include any other permits which are not included in the application. (v) A statement of the availability of the official file. (vi) A statement of the right of any person to submit written comments to city staff or the hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally. Ordinance No. 23- Page 10 of 170 (vii) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (viii) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.040. (b) Notice of public hearing. In addition to the information specified in the notice of application, the notice of public hearing shall include the following: (i) The date, time, and place of the public hearing. (ii) A statement of the right of any person to submit written comments to the hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally and the right to request a copy of the decision once made. (c) Notice of agency decision appeal. A notice of an agency decision appeal shall contain: (i) The file number and a brief description of the matter being appealed. (ii) A statement of the scope of the appeal, including a summary of the errors alleged and specific factual findings and conclusions disputed in the letter of appeal. (iii) The date, time, and place of theie hearing on the appeal. (iv) A statement of who may participate in the appeal. (v) A statement of how to participate in the appeal. (2) Distribution. The director of community development—,,�s shall distribute these notices as follows: Ordinance No. 23- Page 11 of 170 (a) Notice of application. Within 14 calendar days of issuing the letter of completeness, the director shall distribute the notice of application as follows: (i) A copy of the notice of application will be published in a newspaper of general circulation in the city; (ii) At least three copies of the notice of application will be conspicuously posted on or near the subject property. Of these, at least one will be posted on or adjacent to every public right-of-way providing primary vehicular access to any property that abuts the subject property; (iii) A copy of the notice will be posted on the city website; (iv) A copy will be mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (b) Notice of public hearing. The director shall distribute the notice of public hearing at least 14 calendar days before the hearing in the same manner as the notice of application except no posting needs to be done on or near the subject property. (c) Agency decision appeals. Distribution of notices involving an agency decision appeal shall occur at least 10 calendar days before the hearing on the appeal, and shall be mailed to the parties to the appeal.o,,e per -son entitled t the deeision. No fi fft er- distribution (3) Public notification sign. Except for in agency decision appeals, the applicant shall erect at least one public notification sign which complies with standards developed by the department within 14 calendar days of the issuance of the letter of completeness. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director may require the placement of Ordinance No. 23- Page 12 of 170 additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. The sign shall be removed within seven calendar days after the final decision of the city on the matter. Section 6. FWRC 19.70.150 is hereby amended to read as follows: 19.70.150 Hearing examiner's decision. (1) General. After considering all of the information and comments submitted on the matter, the hearing examiner shall issue a written decision. In an agency decision appeal, the examiner shall affirm, reverse, or modify the decision being appealed based on the hearing examiner's findings and conclusions. Subsections (3), (4) and (5) of this section do not apply to agency decision appeals. (2) Timing. (a) Unless a longer period is agreed to by the applicant, the hearing examiner shall issue the decision within 10 working days after the close of theie hearing. (b) The hearing examiner will endeavor to issue his or her decision on the land use and design components of the process IV project permit approval within 120 days of the issuance of the letter of completeness issued pursuant to FWRC 19.15.045, except that the following periods shall not be included in the calculation of the 120-day period: (i) Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional required information. In these instances, the period excluded from the 120-day calculation shall begin on the date the city notifies the applicant of the need for additional information and run until the earlier of the date the city determines whether the additional information satisfies the request for information or 14 days after the date the information has been provided to Ordinance No. 23- Page 13 of 170 the city. If the city determines that the information submitted by the applicant under this subsection is insufficient, it shall notify the applicant of the deficiencies and the procedures under this subsection shall apply as if a new request for studies had been made. (ii) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21 C RCW. (iii) Any period for administrative appeals of the SEPA threshold determination; provided, that the time period for consideration of such appeals shall not exceed 90 days for an open record appeal hearing. The parties to an appeal may agree to extend the 90-day period. (iv) Any extension of time mutually agreed upon by the applicant and the city. The 120-day time period does not apply if a project permit application under this chapter requires an amendment to the comprehensive plan or this title; requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200, or if a project permit application under this chapter is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under FWRC 19.15.045. If the hearing examiner is unable to issue his or her decision on the land use or design review components of a process IV project permit application as provided in this subsection, the city shall provide written notice of this fact to the applicant. The notice shall include a statement of reasons why the decision has not been issued within the 120-day period, and an estimated date for issuance of the notice of final decision. Ordinance No. 23- Page 14 of 170 (3) Decision criteria. The hearing examiner shall use the criteria listed in the provisions of this title describing the requested decision in deciding upon the application. In addition, the hearing examiner may approve the application only if. (a) It is consistent with the comprehensive plan; (b) It is consistent with all applicable provisions of this title and all other applicable laws; (c) It is consistent with the public health, safety and welfare; (d) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; (e) The proposed access to the subject property is at the optimal location and configuration for access; and (f) Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated. (4) Conditions and restrictions. The hearing examiner shall include in the written decision any conditions and restrictions that the examiner determines are reasonably necessary to eliminate or minimize any undesirable effects of granting the application. Any conditions and restrictions that are imposed become part of the decision. (5) Contents. The hearing examiner shall include the following in the examiner's written decision: (a) A statement granting, modifying and granting or denying the application. (b) Any conditions and restrictions that are imposed. (c) A statement of facts presented to him or her that support the decision, including any conditions and restrictions that are imposed. (d) A statement of the hearing examiner's conclusions based on those facts. Ordinance No. 23- Page 15 of 170 (e) A statement of the criteria used by the hearing examiner in making the decision. (f) The date of issuance of the decision and a summary of the rights, as established in this chapter, of the applicant and others to appeal the decision of the hearing examiner. (g) A statement of any threshold determination made under the State Environmental Policy Act, Chapter 43.21C RCW. (h) A statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. (6) Distribution of written decision. Within five working days after the hearing examiner's written decision is issued, the director shall distribute the decision as follows: (a) A copy will be mailed to the applicant and the appellant. (b) A copy will be mailed to each person who submitted written or oral testimony to the hearing examiner. (c) A copy will be mailed to any person who has specifically requested it. (d) A copy will be mailed to the King County assessor. Section 7. FWRC 19.75.060 is hereby amended to read as follows: 19.75.060 Notice. (1) Contents. The director shall prepare a notice of application containing the following information: (a) The name of the applicant and, if applicable, the project name. (b) The date of application, the notice of completion, and the notice of application. (c) The street address of the subject property or, if this is not available, a description of the location of the property in nonlegal language. Except for notice published in a newspaper Ordinance No. 23- Page 16 of 170 of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (d) A brief description of the requested decision, including a citation to the provision of this title governing the request, a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70A.440. To the extent known by the city, the notice shall include any other permits which are not included in the application. (e) The date, time, and place of the public hearing. (f) A statement of the availability of the official file. (g) A statement of the right of any person to submit written or oral comments to the hearing examiner regarding the application. (h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (i) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation. (2) Distribution. The director shall distribute this notice at least 14 calendar days before the public hearing as follows: (a) A copy will be sent to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (b) A copy will be published in the newspaper of general circulation in the city. (c) A copy will be posted on eaeh ofthe offleial . etifieatio beard of the city website. (3) Public notification sign. The applicant shall erect at least one public notification sign which complies with standards developed by the department at least 10 calendar days before the public Ordinance No. 23- Page 17 of 170 hearing. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. The sign shall be removed within seven calendar days after the final decision of the city on the matter. Section 8. FWRC 19.80.140 is hereby amended to read as follows: 19.80.140 Factors to be considered in a comprehensive plan amendment. The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan: (1) The effect upon the physical environment. (2) The effect on open space, streams, and lakes. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. (5) The benefit to the neighborhood, city, and region. (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. (7) The current and projected population density in the area. (8) The effect upon other aspects of the comprehensive plan. In order to encourage efficient and desired development and redevelopment of existing land designated and zoned for various types of commercial uses, when considering proposals for comprehensive plan amendments and rezones from one commercial designation to another, the Ordinance No. 23- Page 18 of 170 city will consider development trends in commercially zones areas, market demand for various types of commercial land, and amount of vacant commercial land. For site -specific comprehensive plan amendments, the provisions of FWRC 19.75.130(3)(aa,) shall also apply. Section 9. FWRC 19.110.010 is hereby amended to read as follows: 19.110.010 Affordable housing regulations. (1) Purpose. To provide affordable housing to the citizens of Federal Way and to comply with the Growth Management Act and the county -wide planning policies for King County. (2) Affordable housing defined. "Owner -occupied affordable housing" means dwelling units that are offered for sale at a rate that is affordable to those individuals and families having incomes that are 80 percent or below the ...,edia, ,.,trot. ineemeArea Median Income (AMI). "Rental affordable housing" means dwelling units that are offered for rent at a rate that is affordable to those individuals and families having incomes that are 50 percent or below the media, ,.,.,,� ineemeArea Median Income (AMI). (3) Multiple family developments; senior citizen housing; assisted living facilities; townhouse development; zero -lot line townhouse development; mixed -use projects; and cottage housing in multifamily zones. New projects involving 25 dwelling units or more are required to provide affordable dwelling units as part of the project. At least two dwelling units or five percent of the total number of proposed units, whichever is greater, shall be affordable. Projects including affordable dwelling units may exceed the maximum allowed number of dwelling units as follows: Ordinance No. 23- Page 19 of 170 (a) One bonus market rate unit for each affordable unit included in the project; up to 10 percent above the maximum number of dwelling units allowed in the underlying zoning district. (4) Single-family developments. New single-family developments in the RS-35, RS-15, RS-9.6, and RS-7.2 zoning districts have the option of providing affordable dwelling units as part of the project. Projects including affordable dwelling units may reduce minimum lot size as follows: (a) Those lots in a new single-family conventional subdivision or short subdivision which are proposed to contain affordable dwelling units may be reduced in area by up to 20 percent of the minimum lot size of the underlying zoning district; provided, that the overall number of dwelling units in the subdivision may not exceed 10 percent of the maximum number of units allowed in the underlying zoning district. (65) Duration. An agreement in a form approved by the city must be recorded with King County department of elections and records requiring affordable dwelling units which are provided under the provisions of this section to remain as affordable housing for the life of the project. This agreement shall be a covenant running with the land, binding on the assigns, heirs and successors of the applicant. Section 10. FWRC 19.115.050 is hereby amended to read as follows: 19.115.050 Site design — All zoning districts. (1) General criteria. Ordinance No. 23- Page 20 of 170 (a) Natural amenities such as views, significant or unique trees, or groupings of trees, creeks, riparian corridors, and similar features unique to the site should be incorporated into the design. (b) Pedestrian areas and amenities should be incorporated in the overall site design. Pedestrian areas include but are not limited to outdoor plazas, arcades, courtyards, seating areas, and amphitheaters. Pedestrian amenities include but are not limited to outdoor benches, tables and other furniture, balconies, gazebos, transparent glass at the ground floor, and landscaping. (c) Pedestrian areas should be easily seen, accessible, and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture, and solar exposure. (d) Project designers shall strive for overall design continuity by using similar elements throughout the project such as architectural style and features, materials, colors, and textures. (e) Place physical features, activities, and people in visible locations to maximize the ability to be seen, and therefore, discourage crime. For example, place cafes and food kiosks in parks to increase natural surveillance by park users, and place laundry facilities near play equipment in multiple -family residential development. Avoid barriers, such as tall or overgrown landscaping or outbuildings, where they make it difficult to observe activity. (f) Provide access control by utilizing physical barriers such as bollards, fences, doorways, etc., or by security hardware such as locks, chains, and alarms. Where appropriate, utilize Ordinance No. 23- Page 21 of 170 security guards. All of these methods result in increased effort to commit a crime and, therefore, reduce the potential for it to happen. (g) Design buildings and utilize site design that reflects ownership. For example, fences, paving, art, signs, good maintenance, and landscaping are some physical ways to express ownership. Identifying intruders is much easier in a well-defined space. An area that looks protected gives the impression that greater effort is required to commit a crime. A cared -for environment can also reduce fear of crime. Areas that are run down and the subject of graffiti and vandalism are generally more intimidating than areas that do not display such characteristics. (2) Surface parking lots. (a) Site and landscape design for parking lots are subject to the requirements of Chapter 19.125 FWRC. (b) Vehicle turning movements shall be minimized. Parking aisles without loop access are discouraged. Parking and vehicle circulation areas shall be clearly delineated using directional signage. (c) Driveways shall be located to be visible from the right-of-way but not impede pedestrian circulation on -site or to adjoining properties. Driveways should be shared with adjacent properties to minimize the number of driveways and curb cuts. (d) Multi -tenant developments with large surface parking lots adjacent to a right-of-way are encouraged to incorporate retail pads against the right-of-way to help break up the large areas of pavement. (e) See FWRC 19.115.090 for supplemental guidelines. (3) Parking structures (includes parking floors located within commercial buildings). Ordinance No. 23- Page 22 of 170 (a) The bulk (or mass) of a parking structure as seen from the right-of-way should be minimized by placing its short dimension along the street edge. The parking structure should include active uses such as retail, offices or other commercial uses at the ground level and/or along the street frontage. (b) Parking structures which are part of new development shall be architecturally consistent with exterior architectural elements of the primary structure, including rooflines, facade design, and finish materials. (c) Parking structures should incorporate methods of articulation and accessory elements, pursuant to FWRC 19.115.060(3)(b), on facades located above ground level. (d) Buildings built over parking should not appear to "float" over the parking area, but should be linked with ground level uses or screening. Parking at grade under a building is discouraged unless the parking area is completely enclosed within the building or wholly screened with walls and/or landscaped berms. (e) Top deck lighting on multi -level parking structures shall be architecturally integrated with the building, and screened to control impacts to off -site uses. Exposed fluorescent light fixtures are not permitted. (f) Parking structures and vehicle entrances should be designed to minimize views into the garage interior from surrounding streets. Methods to help minimize such views may include, but are not limited to, landscaping, planters, and decorative grilles and screens. (g) Security grilles for parking structures shall be architecturally consistent with and integrated with the overall design. Chain -link fencing is not permitted for garage security fencing. (h) See FWRC 19.115.090(3)(d) for supplemental guidelines. Ordinance No. 23- Page 23 of 170 (4) Pedestrian circulation and public spaces. (a) Primary entrances to buildings, except for zero lot line townhouse development and attached dwelling units oriented around an internal courtyard, should be clearly visible or recognizable from the right-of-way. Pedestrian pathways from rights -of -way and bus stops to primary entrances, from parking lots to primary entrances, and pedestrian areas, shall be accessible and should be clearly delineated. (b) Pedestrian pathways and pedestrian areas should be delineated by separate paved routes using a variation in paved texture and color, and protected from abutting vehicle circulation areas with landscaping. Approved methods of delineation include: stone, brick or granite pavers; exposed aggregate; or stamped and colored concrete. Paint striping on asphalt as a method of delineation is not encouraged. Ordinance No. 23- Page 24 of 170 Nd*2trkar, paowayc lrcprn R.0W. Figure 1 - FWRC 19.115,050(4) Pvda#lriarf Crsnnerriana Figure 2 - FWRC 19.115.0 41 (c) Pedestrian connections should be provided between properties to establish pedestrian links to adjacent buildings, parking, pedestrian areas and public rights -of -way. (d) Bicycle racks should be provided for all commercial developments. (e) Outdoor furniture, fixtures, and streetscape elements, such as lighting, freestanding signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone beedis-, fencing, etc., should be incorporated into the site design. (f) See FWRC 19.115.090 for supplemental guidelines. OYdinaru.e 1Yu. z-Y- I "XC /., UJ 1 / U (5) Landscaping. Refer to Chapter 19.125 FWRC for specific landscaping requirements and for definitions of landscaping types referenced throughout this chapter. (6) Commercial service and institutional facilities. Refer to FWRC 19.125.150 and 19.125.040 for requirements related to garbage and recycling receptacles, placement and screening. (a) Commercial services relating to loading, storage, trash and recycling should be located in such a manner as to optimize public circulation and minimize visibility into such facilities. Service yards shall comply with the following: (i) Service yards and loading areas shall be designed and located for easy access by service vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a nuisance for adjacent property owners. (ii) Trash and recycling receptacles shall include covers to prevent odor and wind- blown litter. (iii) Service yard walls, enclosures, and similar accessory site elements shall be consistent with the primary building(s) relative to architecture, materials and colors. (iv) Chain -link fencing shall not be used where visible from public streets, on -site major drive aisles, adjacent residential uses, or pedestrian areas. Barbed or razor wire shall not be used. Ordinance No. 23- Page 26 of 170 Trash arrtiJ s mge areas Figure 3 - FWRC 19.11S.D5D(6) :4W1IM++R111111rlpEII ■un+r■+ L.oaamg arras Figure 4 - FWRC 19.115.D5D(6) (b) Site utilities shall comply with the following: (i) Building utility equipment such as electrical panels and junction boxes should be located in an interior utility room. (ii) Site utilities including transformers, fire standpipes and engineered retention ponds (except biofiltration swales) should not be the dominant element of the front Ordinance A landscape area. When these must be located in a front yard, they shall be either undergrounded or screened by walls and/or Type I landscaping, and shall not obstruct views of tenant common spaces, public open spaces, monument signs, and/or driveways. (7) Miscellaneous site elements. (a) Lighting shall comply with the following: (i) Lighting levels shall not spill onto adjacent properties pursuant to FWRC 19.105.030(3). (ii) Lighting shall be provided in all loading, storage, and circulation areas, but shall incorporate cut-off shields to prevent off -site glare. (iii) Lighting standards shall not reduce the amount of landscaping required for the project by Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping. (b) Drive -through facilities, such as banks, cleaners, fast food, drug stores and service stations, etc., shall comply with the following: (i) Drive -through windows and stacking lanes are not encouraged along facades of buildings that face a right-of-way. If they are permitted in such a location, then they shall be visually screened from such street by Type III landscaping and/or architectural element, or combination thereof; provided, such elements reflect the primary building and provide appropriate screening. (ii) The stacking lane shall be physically separated from the parking lot, sidewalk, and pedestrian areas by Type III landscaping and/or architectural element, or combination thereof; provided, such elements reflect the primary building and provide appropriate separation. Painted lanes are not sufficient. Ordinance No. 23- Page 28 of 170 (iii) Drive -through speakers shall not be audible off -site. (iv) A bypass/escape lane is recommended for all drive -through facilities. (v) See FWRC 19.115.090(4) for supplemental guidelines. Section 11. FWRC 19.115.090 is hereby amended to read as follows: 19.115.090 District guidelines. In addition to the foregoing development guidelines, the following supplemental guidelines apply to individual zoning districts: (1) Professional office (PO), neighborhood business (BN), and community business (BC). (a) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right- of-way maximizes pedestrian access and circulation pursuant to FWRC 19.115.050(4). (b) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and shall incorporate windows and other methods of articulation. (c) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. (d) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context -sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and access to other existing plaza or streetscape features. (e) Ground -level mirrored or reflective glass is not allowed adjacent to a public right-of- way or pedestrian area. (f) If utilized, chain -link fences visible from public rights -of -way or adjacent properties, and not screened by Type I landscaping as defined by Chapter 19.125 FWRC, shall utilize Ordinance No. 23- Page 29 of 170 vinyl -coated mesh, powder -coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. For residential uses only: (g) Landscaped yards shall be provided between building(s) and public street(s). Parking lots should be beside or behind buildings that front upon streets. (h) Parking lots should be broken up into rows containing no more than 10 adjacent stalls, separated by planting areas. (i) Pedestrian walkways (minimum six feet wide) shall be provided between the interior of the project and the public sidewalk. 0) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields. Figure 16 - FWRC 19.115.090(1) (k) Principal entries to buildings shall be highlighted with plaza or garden areas containing planting, lighting, seating, trellises and other features. Such areas shall be located and designed so windows overlook them. Ordinance No. 23- Page 30 of 170 Figure 17 - FWRC 19.115.090(7) (1) Common recreational spaces shall be located and arranged so that windows overlook them. Figure 18 - FWRC 19.115.990(l) (m) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent to them so those exterior portions of the site are controlled by individual households. Ordinance No. 23- Page 31 of 170 Figure 19 - FWRC 19.11S,09GM (n) All new buildings, including accessory buildings such as carports and garages in PO and BN zones only, shall appear to have a roof pitch ranging from at least 4:12 to a maximum of 12:12. Figure 20 - FWRC 19.115.090(7) (o) Carports and garages in front yards should be discouraged. (p) Building facades that exceed 120 feet in length and are visible from an adjacent residential zone, right-of-way, public park, or recreation area shall incorporate a significant structural modulation (offset). The minimum depth of the modulation shall be approximately equal to 10 percent of the total length of the subject facade and the minimum width shall be approximately twice the minimum depth. The modulation shall be integral to the building structure from base to roofline. Ordinance No. 23- Page 32 of 170 (q) Buildings should be designed to have a distinct base, middle and top. The base (typically the first floor) should contain the greatest number of architectural elements such as windows, materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison, may be simple. (Note: single -story buildings have no middle.) The top should avoid the appearance of a flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc. Figure 21 - FWRC 19.115.090(1) (r) Residential design features, including but not limited to entry porches, projecting window bays, balconies or decks, individual windows (rather than strip windows), offsets and cascading or stepped roof forms, shall be incorporated into all buildings. Window openings shall have visible trim material or painted detailing that resembles trim. (s) Subsection (1)(n) of this section shall apply to self-service storage facilities. (2) Office park (OP) and commercial enterprise (CE). (a) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right- of-way maximizes pedestrian access and circulation pursuant to FWRC 19.115.050(4). (b) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way. Ordinance No. 23- Page 33 of 170 (c) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. (d) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context -sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and accessibility from the building to other existing plaza or streetscape features. (e) Ground -level mirrored or reflective glass is not allowed adjacent to a public right-of- way or pedestrian area. (f) If utilized, chain -link fences visible from public rights -of -way or adjacent properties, and not screened by Type I landscaping as defined in Chapter 19.125 FWRC, shall utilize vinyl -coated mesh, powder -coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. For non -single-family residential uses only: (g) Subsections (1)(g) through (r) of this section shall apply. (3) City center core (CC-C) and city center frame (CC-F). (a) The city center core and frame contain transitional forms of development with surface parking areas. However, as new development or redevelopment occurs, the visual dominance of surface parking areas shall be eliminated or reduced. Therefore, parking shall be located behind building(s), with building(s) located between rights -of -way and the parking area(s), or in structured parking, and any parking located along a right-of-way is subject to the following criteria: Ordinance No. 23- Page 34 of 170 (i) In the city center core, surface parking and driving areas may not occupy more than 25 percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the director. (ii) In the city center frame, surface parking and driving areas may not occupy more than 40 percent of the project's linear frontage along principal pedestrian right(s)-of- way, as determined by the director. (iii) A greater amount of parking and driving area than is specified in subsections (3)(a)(i) and (ii) of this section may be located along other rights -of -way; provided, that the parking is not the predominant use along such right-of-way, as determined by the director. (b) Principal entrance facades shall front on, face, or be clearly recognizable from the right- of-way, and/or from the principal pedestrian right-of-way, as determined by the director, for projects exposed to more than one right-of-way. (c) Building facades shall incorporate a combination of facade treatment options as listed in FWRC 19.115.060(2) and (3)(b), to a degree that is appropriate to the building size, scale, design, and site context, and according to the following guidelines: (i) Principal facades containing a major entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, shall incorporate a variety of pedestrian -oriented architectural treatments, including distinctive and prominent entrance features; transparent glass such as windows, doors, or window displays in and adjacent to major entrances; structural modulation where appropriate to break down building bulk and scale; modulated rooflines, forms, and heights; architectural articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and Ordinance No. 23- Page 35 of 170 streetscape amenities. At least 40 percent of any ground level principal facade located along a right-of-way must contain transparent glass. Landscaping shall be used to define and highlight building entrances, plazas, windows, walkways, and open space, and may include container gardens, wall and window planters, hanging baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping should not block views to the building or across the site. Foundation landscaping may be used to enhance but not replace architectural treatments. (ii) Secondary facades not containing a major building entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, may incorporate facade treatments that are less pedestrian -oriented than in subsection (3)(c)(i) of this section, such as a combination of structural modulation, architectural articulation, and foundation landscaping. (iii) Principal facades of single -story buildings with more than 16,000 square feet of gross ground floor area shall emphasize facade treatments that reduce the overall appearance of bulk and achieve a human scale. This may be accomplished through such design techniques as a series of distinctive entrance modules or "storefronts" framed by projecting, offset rooflines, and/or a major pedestrian plaza adjacent to the entrance. (d) Pedestrian pathways shall be provided from rights -of -way, bus stops, parking areas, and any pedestrian plazas and public space to primary building entrances. Where a use fronts more than one right-of-way, pedestrian access shall be provided from both rights -of -way, or from the right-of-way nearest to the principal building entrance. Multiple -tenant complexes shall provide pedestrian walkways connecting all major business entrances on Ordinance No. 23- Page 36 of 170 the site. Pedestrian pathways shall be clearly delineated by separate paved routes using a variation in color and texture, and shall be integrated with the landscape plan. Principal cross -site pedestrian pathways shall have a minimum clear width of six feet in the city center frame, and a minimum clear width of eight feet in the city center core, and shall be protected from abutting parking and vehicular circulation areas with landscaping. (e) Drive -through facilities and stacking lanes shall not be located along, or in conjunction with, a building facade that faces or is clearly visible from a right-of-way, public sidewalk, or pedestrian plaza. Such facilities shall be located along other, secondary facades, as determined by the director, and shall meet the separation, screening, and design standards listed in FWRC 19.115.050(7)(b)(ii), (iii), and (iv). (f) Above -grade parking structures with a ground level facade visible from a right-of-way shall incorporate any combination of the following elements at the ground level: (i) Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal frontage along the right-of-way; or (ii) A 15-foot-wide strip of Type III landscaping along the base of the facade; or (iii) A decorative grille or screen that conceals interior parking areas from the right-of- way. (g) Facades of parking structures shall be articulated above the ground level pursuant to FWRC 19.115.060(3)(a). (h) When curtain wall glass and steel systems are used to enclose a building, the glazing panels shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian area. (i) Chain -link fences shall not be allowed. Barbed or razor wire shall not be used. Ordinance No. 23- Page 37 of 170 (j) For residential uses, subsections (1)(g) through (j), (1), (m), (o), (q), and (r) of this section shall apply. (4) For all residential zones. (a) Nonresidential uses. Subsections (1)(g) through (k)La) through (D and (a) *'wough (r' (p) through (q) of this section shall apply. (b) Non -single-family residential uses except for zero lot line townhouse residential uses and attached dwelling units. Subsections (1)(g) through (r) of this section shall apply. (c) Zero lot line townhouse residential uses and attached dwelling units. Subsections (1)0), (1) through (o), and (r) of this section shall apply. Section 12. FWRC 19.125.160 is hereby amended to read as follows: 19.125.160 Structures and improvements. No improvement or structure may be in a required yard except as follows: (1) A driveway and/or parking area subject to the standards of FWRC 19.130.240. (2) Any improvement or structure, other than a driveway and/or parking area, that is not more than four inches above finished grade may be anywhere in a required setback yard. (3) An improvement or structure that is not more than 18 inches above finished grade may extend not more than five feet into a required yard. (4) Chimneys, bay windows, greenhouse windows, eaves, awnings and similar elements of a structure that customarily extend beyond the exterior walls of a structure may extend up to 18 inches into any required yard. The total horizontal dimension of the elements that extend into a required yard, excluding eaves, may not exceed 25 percent of the length of the facade of the structure from which the elements extend. Ordinance No. 23- Page 38 of 170 (5) Fences and railings not over six feet in height may be located in required yards subject to the fence regulations contained within this chapter. (6) Rockeries and retaining walls may be located in required yards if: (a) The rockery or retaining wall is not being used as a direct structural support for a major improvement; (b) The rockery or retaining wall is reasonably necessary to provide support to a cut, fill, or slope; and (c) The rockery or retaining wall also meets the requirements of FWRC 19.120.120 et seq. (7) Signs may be located in required yards subject to provisions of Chapter 19.140 FWRC. (8) Covered walkways, no more than eight feet wide and 10 feet above finished grade and open along the sides, are permitted in required yards in commercial, office and industrial zones. (9) In low and medium density residential zones, the applicant may, through process III, request approval to locate a storage shed in a required yard, except a required front yard. The city may approve the application if: (a) The proposed structure is no more than eight feet high above finished grade; (b) The maximum length of the facade of the proposed structure parallel to each property line, from which the required yard is not provided, shall not exceed 10 feet; (c) The proposed structure contains no more than 120 square feet in total area; (d) No reasonable alternative location exists on the subject property due to special circumstances regarding the size, shape, topography or location of the subject property or the location for legally constructed pre-existing improvements of the subject property; and (e) Permitting the intrusion onto the required yard will not create a material, negative impact on the character of nearby residential uses. Ordinance No. 23- Page 39 of 170 (10) Construction -related outdoor storage containers may be temporarily placed in the required front yard of a single-family residential lot if approved under FWRC 19.275.44-0080, and portable moving containers may be temporarily placed in the required front yard of any lot if approved under FWRC 19.275.428090. (11) In single-family residential zones one mechanical unit (heat pump, air conditioner, emergency generator, or similar unit) associated with the onsite residence in a side or rear yard. Section 13. FWRC 19.130.020 is hereby amended to read as follows: 19.130.020 Number of spaces — Minimum. (1) Generally. Except as provided in subsection (3) of this section, the number of parking spaces required by Chapters 19.195 through 19.240 FWRC for any particular use is the minimum number of parking spaces required for that use, and the applicant shall provide at least that number of spaces. (2) Guest parking for residential uses. For residential uses, the city may require guest parking spaces in excess of the required parking spaces, if there is inadequate guest parking on the subject property. (3) The number of parking spaces required by this Code for a particular use may be reduced only when the use for which the parking is required: (a) Provides shared parking in accordance with FWRC 19.130.120; (b) Is located in the CC-C or CC-F zones and is accompanied by a traffic demand management plan which, as a condition of project approval, the applicant shall implement. In such an instance, the director may approve reduction of the required number of parking spaces by up to 20 percent. Transportation demand management options which can be considered by the director include, but are not limited to, the following: Ordinance No. 23- Page 40 of 170 (i) Private vanpool operation; (ii) Transit/vanpool fare subsidy; (iii) Preferential parking for carpools/vanpools; (iv) Flexible work -hour schedule; (v) Participation in a ride -matching program; or (vi) Bicycle parking facilities; (c) Is located in the CC-C or CC-F zones, is adjacent to a public street right-of-way classified to allow on -street parking and the applicant makes a one-time contribution to a city fund established strictly to fund development of on -street parking. The amount of the contribution will be based on a per stall cost established by the city, and the required number of stalls may be reduced on a one -for -one basis according to the amount of the contribution paid; (d) Provides a parking study in accordance with FWRC 19.130.080(2). (4) The number of parking spaces required by this Code for a particular use shall be reduced, as needed, to be consistent with the following: (a) For all housing units constructed after July 1, 2019, that are affordable to very low- income or extremely low-income individuals and that are located within one -quarter mile of a transit stop that receives transit service at least two times Der hour for twelve or more hours per day, no more than one parking space per bedroom or .75 space per unit shall be required, unless the unit is located in an area that the director determines has a lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on -street parking infeasible for the unit. Ordinance No. 23- Page 41 of 170 (b) For housing units constructed after July 1, 2019, that are specifically for seniors or people with disabilities and that are located within one -quarter mile of a transit stop that receives transit service at least four times per hour for twelve or more hours per day, no parking shall be required except for staff and visitors. unless the unit is located in an area that the director determines has a lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on -street parking infeasible for the unit. (c) For market rate multifamily housing units constructed after July 1, 2019, that are located within one -quarter mile of a transit stop that receives transit service from at least one route that provides service at least four times per hour for twelve or more hours per day, no more than one parking space per bedroom or .75 space unless the unit is located in an area that the director determines has a lack of access to street parking_ capacity, physical space impediments, or other reasons supported by evidence that would make on -street parking infeasible for the unit. Section 14. FWRC 19.145.410 is hereby amended to read as follows: 19.145.410 Wetland identification and delineation. (1) Generally. Identification of wetlands and delineation of their boundaries pursuant to this chapter shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplements. All areas within the city meeting the wetland designation criteria are hereby designated critical areas and are subject to the provisions of this chapter. Wetland delineations are valid for five years; after such date the city shall determine whether a revision or additional assessment is necessary. Ordinance No. 23- Page 42 of 170 (2) Evaluation. If the city determines that a wetland may exist on or within 22-5-300 feet of the subject property, the director may require the applicant to submit a wetland report prepared by a qualified professional. The written report and the accompanying plan sheets shall contain the following information: (a) Critical area report information identified in FWRC 19.145.080. (b) Identification of all local, state, and/or federal wetland related permit(s) required for the proposal. (c) Documentation of fieldwork, including field data sheets, rating system forms, and baseline hydrologic data. (d) Description of the methodologies used to conduct the wetland delineations, rating system forms, or impact analyses, including references. (e) Identification and characterization of all wetlands and buffers on and within 2-25 300 feet of the subject property. For off -site areas with limited or no access, estimate conditions using best available information. (f) Provide the following for each wetland identified on and/or within 272-5 300 feet of the subject property. Acreage estimates, classifications, and ratings shall be based on entire wetland complexes, not only the portion present on the subject property: (i) Wetland rating and score for each function; (ii) Required buffers; (iii) Hydrogeomorphic classification; (iv) Wetland acreage; (v) Cowardin classification of vegetation communities; (vi) Habitat elements; Ordinance No. 23- Page 43 of 170 (vii) Soil conditions based on site assessment and/or soil survey information; and (viii) To the extent possible, hydrologic information such as location and condition of inlet/ outlets, estimated water depths within the wetland, and estimated hydroperiod patterns based on visual cues (e.g., algal mats, drift lines, and flood debris). (g) An evaluation of the functions of the wetland and adjacent buffer. Include reference for the method used and data sheets. Section 15. FWRC 19.145.440 is hereby amended to read as follows: 19.145.440 Development within wetland buffers. (1) Generally. Except as allowed in this section, no development or improvement may be located within a wetland buffer. (2) Trails. The director may provide written approval for passive pedestrian recreation facilities designed in accordance with an approved critical area report and the following standards: (a) Trails are composed of pervious surfaces no more than five feet in width. Raised boardwalks and wildlife viewing structures composed of non -treated pilings may also be considered; (b) Trails are generally located parallel to the perimeter of the wetland and within the outer 25 percent of the buffer; and (c) Trails shall avoid the removal of mature trees. (3) Stormwater management facilities. The director may provide written approval for stormwater management facilities limited to stormwater dispersion outfalls and bioswales within the outer 25 percent of the buffer of category III and IV wetlands if the location of such facilities will not degrade the functions or values of the wetland. Ordinance No. 23- Page 44 of 170 (4) Permanently altered buffer. The director may provide written approval for a buffer reduction when existing conditions are such that portions of the required buffer exist in a permanently altered state (e.g., roadways, paved parking lots, and permanent structures) and do not provide any buffer function. The buffer may be reduced up to the area where the altered conditions exist. (5) Buffer averaging. The city will review and decide upon buffer averaging using process III in Chapter 19.65 FWRC, based on the following criteria that shall be added to the critical areas report: (a) The total area of the buffer after averaging is equal to the area required without averaging; (b) The buffer is increased adjacent to the higher functioning area of habitat or more sensitive portion of the wetland and decreased adjacent to the lower functioning or less sensitive portion; (c) The buffer at its narrowest point is not reduced to less than 75 percent of the required width; and (d) Unless authorized in writing by a consenting neighboring property owner, the averaging will remain on the subject property. (6) Buffer reduction with enhancement. Buffers widths may be reduced by up to 25 percent on a case -by -case basis if the project includes a buffer enhancement plan that clearly substantiates that an enhanced buffer will improve and provide additional protection of wetland functions and values. Buffer reductions may not be used in combination with buffer averaging. The city will review and decide upon buffer reductions using process III in Chapter 19.65 FWRC, based on the following criteria: (a) It will not adversely affect water quality; Ordinance No. 23- Page 45 of 170 (b) It will not adversely affect the existing quality of the wetland or buffer wildlife habitat; (c) It will not adversely affect drainage or stormwater retention capabilities; (d) It will not lead to unstable earth conditions nor create erosion hazards; (e) It will not be materially detrimental to any other property or the city as a whole; and (f) All exposed areas are stabilized with native vegetation, as appropriate. A buffer enhancement plan, prepared by a qualified professional, shall be incorporated into the critical area report. The plan shall assess the habitat, water quality, stormwater retention, groundwater recharge, and erosion protection functions of the existing buffer; assess the effects of the proposed modification on those functions; and address the six approval criteria of this section. (7) Buffer increases. The director shall require increased buffer widths, on a case -by -case basis, when a larger buffer is necessary to protect functions, values or hazards based on site -specific conditions. This determination shall be supported by appropriate documentation showing that additional buffer width is reasonably related to protection of the functions and values of the wetland, and/or protection of public health, safety and welfare. Such determination shall be attached as permit conditions. The determination must include but not be limited to the following criteria: (a) The wetland contains habitat for species listed as threatened, endangered, candidate, sensitive, monitored, or documented priority species or habitats by state or federal agencies, and additional buffer is necessary to maintain viable functional habitat; (b) The adjacent land is susceptible to severe erosion, and erosion control measures will not effectively prevent adverse wetland impacts; or (c) The adjacent land has minimal vegetative cover or slopes greater than 30 percent. Ordinance No. 23- Page 46 of 170 Section 16. FWRC 19.195.015 is hereby amended to read as follows: I19.195.015 Permanent supportive housing and transitional housing. The following uses shall be permitted in the suburban estate (SE) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS (each) b Permanent Process 5 30 20 20 10% 30 ft. See 1. Any proposed permanent supportive housing or transitional housing supportive housing III acres ft. ft. ft. above notes 9, facility with more than two units, or which brings the total number of and transitional average a+4GI-10 permanent supportive housing or transitional housing units on the housing building and 11. property to more than three units, must be distanced at least one and elevation one-third miles (7,040 ft.) from any property with more than three units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 10 residences located within a single structure per lot. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The housing will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. S. The housing will operate under a written community engagement Ordinance No. 23- Page 47 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Process Lot Size Front Side (each) Rea r Lot Coverag e Height of Stru ctu re Parking Spaces SPECIAL REGULATIONS AND NOTES b plan, approved by the governing agency, board, or official, which must address, at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 10. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 11. Minimum residential parking requirements subject to FWRC 19.130.120(4). (Continued on next page) Ordinance No. 23- Page 48 of 170 USE REGULATIO 4 b USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review LotTFrontRearjCoverage Lot Height of Parking Process Size Structure SpacesSPECIAL REGULATIONS AND NOTES 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. 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. 1 19.195.015 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS (each) b 12.. The housing will operate under a written operational plan that will include, at a minimum, the following: Ordinance No. 23- Page 49 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS (each) Structure Structure b a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on - site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. Ordinance No. 23- Page 50 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS (each) Structure Structure b f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 13. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC. Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.65 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 17. FWRC 19.200.020 is hereby amended to read as follows: Ordinance No. 23- Page 51 of 170 I19.200.020 Zero lot line townhouse and townhouse (attached) dwelling units. The following uses shall be permitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Front Side (each) Rear Coverage Structure Spaces USE REGULATIONS SPECIAL REGULATIONS AND NOTES b Attached dwelling Process III 10,000 sq. 20 ft. for 5 ft. for 5 ft. for 60% 30 ft. 2 per 1. These uses may be permitted only if units for ft. with at attached attached attached above dwelling they meet the following criteria: attached least 5,000 dwelling dwelling dwelling average unit, see a. The site is designed to be dwelling sq. ft. per units units units building note 13. compatible with any nearby low Zero lot line units unit for elevation density uses. townhouse attached 20 ft. or 10 0 ft., 5 ft., 5 ft. or 20 b. The site is designed to preserve attached dwelling Subdivision dwelling ft. for zero 10 ft. for ft. for zero See note 5 larger aggregations of open space units review for units lot line zero lot lot line for zero lot than would development of the zero lot townhouse line townhouse line subject property with detached These uses are line See note 2 development townhouse dwelling townhouse dwelling units. allowed only in RS townhouse for zero lot dwelling units dwelling c. The scale of development on the 5.0 zones dwelling line See note 4 units units subject property is compatible with units townhouse See note 4 any nearby low density uses. dwelling See note 4 2. Minimum site area for zero lot line units townhouse development shall be 10,000 sq. ft. 3. Each building shall consist of a minimum of two units and a maximum of eight units in each grouping. Ordinance No. 23- Page 52 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Front Side (each) Rear Coverage Structure Spaces USE REGULATIONS SPECIAL REGULATIONS AND NOTES b 4. For zero lot line townhouse development, the following shall apply: a. Each dwelling unit must be located on its own lot of record. b. Minimum front yard setback is 20 ft. when parking/garage is located in the front of the townhouse. Otherwise, minimum front yard setback is 10 ft. There are no required side yards between attached units. c. For a group of two to six attached units, the required side yard is five ft. d. For more than six attached units, the required side yard is 10 ft. e. Minimum rear yard setback is five ft., except that minimum rear yard setback is 20 ft. from the property line for garages that are accessed via an alley or drive aisle. 5. Two off-street parking spaces including one garage shall be provided for each zero lot line townhouse unit. 6. The subject property must contain Ordinance No. 23- Page 53 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Front Side (each) Rear Coverage Structure Spaces USE REGULATIONS SPECIAL REGULATIONS AND NOTES b at least 400 sq. ft. of open space per dwelling unit. This includes a minimum of 200 sq. ft. of private open space for each unit and the remainder as usable common open space. Private open space may include yards, patios, and balconies. Type III landscaping 10 ft. in width shall be provided along all arterial rights -of - way. Said landscaping shall be in a separate tract and shall be credited to the common open space requirement. At least 10 percent of the public open space must be developed and maintained with children's play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case the open space shall be developed with age - appropriate equipment. If the subject property contains four or more units, this required public open space must be in one or more pieces, each having both a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50 Ordinance No. 23- Page 54 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Process Lot Size Front Side (each) Rear Lot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES b percent of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 7. Chapter 19.265 FWRC contains regulations regarding home occupations and other accessories, facilities and activities associated with this use. 8. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 9. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 10. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 11. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 12. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 13. Minimum residential parking Ordinance No. 23- Page 55 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Front Side (each) Rear Coverage Structure Spaces USE REGULATIONS SPECIAL REGULATIONS AND NOTES b requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 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. Section 18. FWRC 19.200.045 is hereby amended to read as follows: I19.200.045 Permanent supportive housing and transitional housing. The following uses shall be permitted in the single-family residential (IRS) zone subject to the regulations and notes set forth in this section: Ordinance No. 23- Page 56 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES IG b Permanent Process See 20 10 20 See 30 ft. See 1. Minimum lot size is as follows: supportive housing III note ft. ft. ft. note 9 above notes 11, a. In RS 35.0 zones, the minimum lot size is 35,000 sq. ft. and transitional 1 average aPA-12 b. In RS 15.0 zones, the minimum lot size is 15,000 sq. ft. housing building and 15. c. In RS 9.6 zones, the minimum lot size is 9,600 sq. ft. elevation d. In RS 7.2 zones, the minimum lot size is 7,200 sq. ft. e. In RS 5.0 zones, the minimum lot size is 5,000 sq. ft. 2. Any proposed permanent supportive housing or transitional housing facility with more than two units, or which brings the total number of permanent supportive housing or transitional housing units on the property to more than three units, must be distanced at least one and one-third miles (7,040 ft.) from any property with more than three units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 3. There shall be no more than six residences located within a single structure per lot. 4. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. S. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to Ordinance No. 23- Page 57 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see Chapter 19.70 FWRC. FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. I19.200.045 Permanent supportive housing and transitional housing. (Continued) SE ZONE CHART REGULATIONSIDIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Ordinance No. 23- Page 58 of 170 Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE (each) Structure SPECIAL REGULATIONS AND NOTES b 9. Maximum lot coverage is as follows: a. In RS 35.0 = 50%. b. In RS 15.0 = 50%. c. In RS 9.6 = 60%. d. In RS 7.2 = 60%. e. In RS 5.0 = 60%. f. See FWRC 19.110.020(2) for calculation of lot coverage for flag lots. 10. The subject property must contain at least 400 sq. ft. of open space per dwelling unit. This includes a minimum of 200 sq. ft. of private open space for each unit and the remainder as usable common open space. Private open space may include yards, patios, and balconies. Type III landscaping 10 ft. in width shall be provided along all arterial rights -of - way. Said landscaping shall be in a separate tract and shall be credited to the common open space requirement. At least 10% of the public open space must be developed and maintained with children's play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case the open space shall be developed with age - appropriate equipment. If the subject property contains four or more units, this required public open space must be in one or more pieces, each having both a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50% of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 11. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two Ordinance No. 23- Page 59 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b employees 12. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.70 FWRC. seq. For details regarding required yards, see FWRC 19.125.160 et seq. I19.200.045 Permanent supportive housing and transitional housing. (Continued) SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IRequiredl Minimums I Maximums Required REGULATIONS Review Lot I Required Yards Lot lHeight IParking Ordinance No. 23- Page 60 of 170 USE b Process Size Front SideRear (each) Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES 13. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on -site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. Ordinance No. 23- Page 61 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 14. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC. 15. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.65 FWRC. seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. N Section 19. FWRC 19.200.100 is hereby amended to read as follows: Ordinance No. 23- Page 62 of 170 I19.200.100 Senior citizen or special needs housing. The following uses shall be permitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES 4 b Senior citizen or Process As 20 5 ft. 5 See 30 ft. Senior 1. Minimum lot size for this use is as follows: special needs IV established ft. ft. note 9 above housing: a. In RS 35.0 zones, the minimum lot size is 35,000 sq. ft. housing (stacked on the average 1 for b. In RS 15.0 zones, the minimum lot size is 15,000 sq. ft. dwelling units) zoning See notes 2, 5 building each c. In RS 9.6 zones, the minimum lot size is 9,600 sq. ft. map. and 10 elevation. dwelling d. In RS 7.2 zones, the minimum lot size is 7,200 sq. ft. unit e. In RS 5.0 zones, the minimum lot size is 5,000 sq. ft. See notes See note 2. If any portion of a structure is adjacent to a single-family 1 and 5 5 Special residential zone, then the structure shall be set back a minimum needs of 20 ft. from the property line of the residential zone. housing: 3. All buildings must be gabled with pitched roofs. 0.5 for 4. The city may permit this use if it meets the following criteria: each unit. a. The subject property is situated in close proximity to, and has convenient access to, public transportation, shopping, See note health care providers and other services and facilities frequently 17 and utilized by the intended residents of the subject property. 18. b. The proposed development will not create unreasonable impacts on traffic, public utilities and services or on nearby residential. 5. The city will determine the number of dwelling units or occupancy rooms or suites permitted in the proposed Ordinance No. 23- Page 63 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Side USE REGULATIONS Front (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES 4 b Process I, II, III and IV are described in Chapter 19.55 FWRC, Ordinance No. 23- development and may permit or require modification of the required yard, lot coverage, height, landscaping and other similar dimensional and site design requirements based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of any facilities within these units, rooms or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design and other design features of the proposed development. 6. The city may approve the limited commercial establishments listed in subsection (6)(c) of this section on the first floor, if all of the following criteria are satisfied: a. Locating limited commercial uses on the subject property is clearly reasonable considering the size of the subject property, the location of the subject property and access to the subject property. (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. Page 64 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Side USE REGULATIONS Front (each) Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES 4 b Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 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. 1 19.200.100 Senior citizen or special needs housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b b. Any adverse impacts or undesirable effects of locating retail establishments on the subject property can be eliminated or significantly reduced through conditions imposed as part of the approval. c. The city may approve the following limited retail establishments under this section: (1) Grocery stores containing no more than 3,000 sq. ft.; (2) Pharmacies; (3) Clothing cleaners; (4) Beauty and/or barber shops; Ordinance No. 23- Page 65 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b (5) Banks, excluding drive-in facilities; (6) Travel agents; (7) Restaurants, including fast food restaurants; (8) Arts and craft supply stores; (9) Flower and gift shops. 7. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 8. Chapter 19.270 FWRC contains regulations regarding home occupations. 9. Maximum lot coverage is as follows: a. In RS 35.0 = 50 percent. b. In RS 15.0 = 50 percent. c. In RS 9.6 = 60 percent. d. In RS 7.2 = 60 percent. e. In RS 5.0 = 60 percent. 10. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 11. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 12. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 13. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 14. For affordable housing requirements, see FWRC 19.110.010. 15. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include common open spaces such as plazas, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. All eligible usable open Ordinance No. 23- Page 66 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu option is available for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 16. Any common open space requirements for senior housing or special needs housing may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. 17. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 18. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.65 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 20. FWRC 19.205.010 is hereby amended to read as follows: Ordinance No. 23- Page 67 of 170 I19.205.010 Zero lot line townhouse and townhouse (attached) dwelling units. The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Height parking Process Lot Size Lot Width Front Side (each) Rear Lot Coverage of S aces P SPECIAL USE REGULATIONS Structure REGULATIONS AND b NOTES Attached dwelling Process II 7,200 sq. 20 ft. for 20 ft. for 5 ft. for 5 ft. for No max. lot 35 ft. 2.0 per 1. The allowable units for ft. for individual attached attached attached coverage is unit, see density is as follows: attached attached lots within a dwelling dwelling dwelling established. note 13. a. In RM 3.6 zones, dwelling dwelling zero lot line units units units The 12 units per acre. Zero lot line units units with townhouse buildable See note 5 b. In RM 2.4 zones, townhouse a density development 20 ft. or 10 10 ft., 5 ft., 5 ft. or 20 area will be for zero lot 18 units per acre. dwelling units Subdivision established ft. for zero 0 ft. for ft. for zero determined line c. In RM 1.8 zones, review for on the lot line zero lot lot line by other site townhouse 24 units per acre. zero lot zoning townhouse line townhouse development dwelling 2. Minimum site area line map dwelling townhouse dwelling requirements units for zero lot line townhouse units dwelling units townhouse dwelling See notes units development shall be units 1, 2 and 4 See note 4 See note 4 7,200 sq. ft. See note 4 3. Each building shall consist of a minimum of two units and a maximum of eight units in each grouping. 4. For zero lot line Ordinance No. 23- Page 68 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Height Parking Process Lot Size Lot Width Front Side (each) Rear Lot Coverage of S aces p SPECIAL USE REGULATIONS Structure REGULATIONS AND b NOTES townhouse development, the following shall apply: a. The minimum lot size shall be at least 2,250 sq. ft. in the RM 3.6 zone and 1,500 sq. ft. in the RM 2.4 and RM 1.8 zones. b. Each dwelling unit must be located on its own lot of record. c. Minimum front yard setback is 20 ft. when parking/garage is located in the front of the townhouse. Otherwise, minimum front yard setback is 10 ft. There are no required side yards between attached units. d. For a group of two to six attached Ordinance No. 23- Page 69 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Height Parking Process Lot Size Lot Width Front Side (each) Rear Lot Coverage of S aces p SPECIAL USE REGULATIONS Structure REGULATIONS AND b NOTES units, the required side yard is five ft. e. For more than six attached units, the required side yard is 10 ft. f. Minimum rear yard setback is five ft., except that minimum rear yard setback is 20 ft. from the property line for garages that are accessed via an alley or drive aisle. 5. Two off-street parking spaces, including one garage, shall be provided for each zero lot line townhouse unit. (Continued on next page) Ordinance No. 23- Page 70 of 170 SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Reauired Yards Required Review Process Lot Size Lot Width USE REGULATIONS Front Side (each) Rear 4 b 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. Maximums quired Height Parking Lot Coverage of Spaces SPECIAL cture REGULATIONS AND NOTES 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. I19.205.010 Zero lot line townhouse and townhouse (attached) dwelling units. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Required Minimums I Maximums Required REGULATIONS Review Lot Lot I Required Yards I Lot jHeightParking Ordinance No. 23- Page 71 of 170 USE b Process Size Width Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES 6. The subject property must contain at least 400 sq. ft. of open space per dwelling unit. This includes a minimum of 200 sq. ft. of private open space for each unit and the remainder as usable common open space. Private open space may include yards, patios, and balconies. Type III landscaping 10 ft. in width shall be provided along all arterial rights -of -way. Said landscaping shall be in a separate tract and shall be credited to the common open space requirement. At least 10 percent of the public open space must be developed and maintained with children's play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case the open space shall be developed with age -appropriate equipment. If the subject property contains four or more units, this required public open space must be in one or more pieces, each having both a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50 percent of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 7. Chapter 19.265 FWRC contains regulations regarding home occupations and other accessories, facilities and activities associated with this use. Accessory dwelling units are not permitted in either a townhouse or zero lot line townhouse development. 8. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 10. For community design guidelines that apply to the Ordinance No. 23- Page 72 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Lot Height parking Process Size Width Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b project, see Chapter 19.115 FWRC. 11. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 12. For affordable housing requirements, see FWRC 19.110.010. 13. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, Chapter 19.55 FWRC, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see Chapter 19.70 FWRC respectively. FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. Section 21. FWRC 19.205.040 is hereby amended to read as follows: Ordinance No. 23- Page 73 of 170 I19.205.040 Multifamily dwelling units. The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Multifamily dwelling Process 7,200 sq. 20 5 ft. 5 60 In RM 3.6 See 1. The minimum amount of lot area per dwelling unit is as units (stacked II ft. with a ft. ft. percent and 2.4 notes follows: dwelling units) density as in RM zones, 30 13,E a. In RM 3.6 zones, the subject property must contain at least established See notes 5 3.6 ft. above 14 and 3,600 sq. ft. of lot area per dwelling unit. on the and 8 zone. 70 average 15. b. In RM 2.4 zones, the subject property must contain at least zoning percent building 2,400 sq. ft. of lot area per dwelling unit. map in RM elevation. c. In RM 1.8 zones, the subject property must contain at least 2.4 zone In RM 1.8 1,800 sq. ft. of lot area per dwelling unit. See note 1 and 1.8 zones, 35 2. All buildings must be gabled with pitched roofs. zone ft. above 3. The subject property must contain at least 400 sq. ft. per average dwelling unit of usable open space usable for many activities and building may include common open spaces such as plazas, recreation elevation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space See note provided must be common open space. Private open space such 5 as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 square feet and has a minimum dimension of six feet. At least 10 percent of this required open space must be developed and maintained with children's play equipment. If the Ordinance No. 23- Page 74 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b subject property contains four or more units, this required open space must be in one or more pieces each having a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50 percent of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 4. If located along an arterial or collector and is visible from the right-of-way, up to 50 percent of the total length of the ground floor facade of all buildings facing a right-of-way may be developed with commercial uses allowed by office/retail use zone chart, FWRC 19.215.010, or entertainment use zone chart, FWRC 19.215.020. The commercial ground floor uses may occupy up to a maximum depth of 15 ft. and a minimum interior height of 13 ft. of commercial space for any single tenant. 5. If any portion of a structure on the subject property is within 100 ft. of a single-family 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. 6. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings, and structures. Accessory dwelling units are not permitted. 7. Chapter 19.270 FWRC contains regulations regarding home occupations. 8. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. Ordinance No. 23- Page 75 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Height of Parking Process Lot Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see Chapter 19.70 FWRC respectively. FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.205.040 Multifamily dwelling units. (Continued) SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS KequirE REGULATIONS Review Minimums I Maximums lRequired Required Yards Lot lHeight of Parking Ordinance No. 23- Page 76 of 170 Process Size Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES Front Side Rear USE (each) b 10. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 11. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 12. For affordable housing requirements, see FWRC 19.110.010. 13. Parking spaces shall be provided as follows: Efficiency dwelling units — 1.0 per unit Studio dwelling units — 1.25 per unit One bedroom dwelling units — 1.5 per unit Dwelling units with two bedrooms or more — 2.0 per unit. 14. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 15. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see Chapter 19.70 FWRC respectively. FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. No. 17 Section 22. FWRC 19.205.070 is hereby amended to read as follows: Ordinance No. 23- Page 77 of 170 I19.205.070 Senior citizen or special needs housing. The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Senior citizen Process 7,200 20 5 ft. 5 60 In RM 3.6 Senior 1. All buildings must be gabled with pitched roofs. housing or special II sq. ft. ft. ft. percent and 2.4 citizen 2. The city will determine the number of dwelling units or occupancy needs housing zones, 30 housing: rooms or suites in the proposed development and may permit or (stacked dwelling See See notes 2, 4and See ft. above 1 for require modification of the required yard, lot coverage, height, units) note 7 note 2 average each landscaping, and other similar dimensional and site design 2 building unit requirements based on the following criteria: elevation. a. The specific nature of the occupancy and the persons that will be In RM 1.8 Special housed in the proposed development. zones, 35 needs b. The size of the dwelling units or occupancy rooms, or suites and ft. above housing: the specific configuration of and facilities within these units, rooms or average 0.5 for suites. building each c. The impacts on nearby residential uses of the proposed elevation unit development. d. The architecture, site design and other design features of the See See proposed development. notes 2 note 14 3. The city may approve the limited commercial establishments listed in and 4 and 15. subsection (3)(c) of this section, if all of the following criteria are satisfied: a. Locating limited commercial uses on the subject property is clearly reasonable considering the site of the subject property, the location of Ordinance No. 23- Page 78 of 170 USE REGULATIO 4 b USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Reauired Yards Required Review Lot Process Size Front Side (eac 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. Required Height of Parking rage Structure Spaces PECIAL REGULATIONS AND NOTES the subject property and access to the subject property. b. Any adverse impacts or undesirable effects of locating retail establishments on the subject property can be eliminated or significantly reduced through conditions imposed as part of the approval. c. The city may approve the following limited retail establishments under this section: (1) Grocery stores containing no more than 3,000 sq. ft. (2) Pharmacies. (3) Clothing cleaners. (4) Beauty and/or barber shops. (5) Banks, excluding drive-in facilities. (6) Travel agents. (7) Restaurants, including fast food restaurants. (8) Arts and craft supply stores. (9) Flower and gift shops. (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 Ordinance No. 23- Page 79 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.205.070 Senior citizen housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b 4. If any portion of a structure on the subject property is within 100 ft. of a single-family 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. 5. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 6. Chapter 19.270 FWRC contains regulations regarding home occupations. Ordinance No. 23- Page 80 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Front Side (each) Rear USE REGULATIONS Required Review Process Lot Size Lot Coverage Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES b 7. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 8. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 9. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 10. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 11. For affordable housing requirements, see FWRC 19.110.010. 12. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include common open spaces such as plazas, play grounds, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu option is available for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 13. Any common open space requirements for senior housing or special needs housing may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. 14. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 15. Minimum residential parking requirements subject to FWRC 19.130.120(4). Ordinance No. 23- Page 81 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Reauired Yards Required Review Lot USE REGULATIONS Process Size Fro IG b 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. Lot ide .. Rear Coy eight tru Required Parking Spaces Section 23. FWRC 19.205.080 is hereby amended to read as follows: PECIAL REGULATIONS AND NOTES 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. 19.205.080 Permanent supportive housing and transitional housing. The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: Ordinance No. 23- Page 82 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES 4 b Permanent Process 7,200 20 5 ft. 5 60% In RM 3.6 See 1. Any proposed permanent supportive housing or transitional housing supportive housing III sq. ft. ft. ft. and 2.4 notes facility with more than two units, or which brings the total number of and transitional zones, 30 10, a -Rd permanent supportive housing or transitional housing units on the housing See ft. above 11 and property to more than three units, must be distanced at least one and note average 14. one-third miles (7,040 ft.) from any property with more than three units 2 building of permanent supportive housing and/or transitional housing, as elevation. measured from the nearest points of each such property. In RM 1.8 2. There shall be no more than 50 residences located within a single zones, 35 facility or complex; and the minimum amount of lot area per dwelling is ft. above as follows: average a. In RM 3.6 zones, the subject property must contain at least 3,600 building sq. ft. of lot area per dwelling. elevation b. In RM 2.4 zones, the subject property must contain at least 2,400 sq. ft. of lot area per dwelling. c. In RM 1.8 zones, the subject property must contain at least 1,800 sq. ft. of lot area per dwelling. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The housing will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must Ordinance No. 23- Page 83 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b address, at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see Chapter 19.70 FWRC respectively. FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23- Page 84 of 170 I19.205.080 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b 9. The subject property must contain at least 400 sq. ft. per dwelling unit of usable open space usable for many activities and may include common open spaces such as plazas, recreation rooms, rooftop terraces, P- patches, pools, active lobbies, and atriums. A minimum of 25% of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 sq. ft. and has a minimum dimension of six ft. At least 10% of this required open space must be developed and maintained with children's play equipment. If the subject property contains four or more units, this required open space must be in one or more pieces each having a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50% of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 10. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 11. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). Ordinance No. 23- Page 85 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b 12. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.70 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. I19.205.080 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART REGULATIONS DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Ordinance No. 23- Page 86 of 170 Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking USE Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES b c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on - site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 13. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC. 14. Minimum residential parking requirements subject to FWRC Ordinance No. 23- Page 87 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.70 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 24. FWRC 19.215.050 is hereby amended to read as follows: I19.215.050 Multifamily dwelling units. The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS REGULATIONSIRequiredl Minimums lHeight of lRequired Ordinance No. 23- Page 88 of 170 USE 4 b Review Process Lot Size Required Front Yards Side (each) Rear Structure Parking Spaces SPECIAL REGULATIONS AND NOTES Multifamily dwelling Process None Same as these Same as See 1. All buildings must be gabled with pitched roofs. units (stacked II regulations for these notes 2. This use may be located on the ground floor of the structure if the dwelling units) ground floor regulations 15 —47 ground floor contains one or more of the commercial uses allowed by use for ground � office/retail use zone chart, FWRC 19.215.010, or entertainment use zone floor use chart, FWRC 19.215.020. See notes 4, 5 3. The commercial ground floor uses must occupy at least 50 percent of and 10 See note 5 the total length of the ground floor facade of all buildings facing a right- of-way. The commercial ground floor uses must also occupy a minimum depth of 15 ft. and a minimum interior height of 13 ft. of commercial space for any single tenant. 4. The subject property must contain at least 2,400 sq. ft. of lot area per dwelling unit or one acre for every 18 dwelling units. 5. If any portion of a structure on the subject property is within 100 ft. of a single-family 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. 6. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, e.g., required buffers, parking lot landscaping, surface water facilities, among others. 7. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 8. Chapter 19.270 FWRC contains regulations regarding home occupations. 9. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 10. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 11. For sign requirements that apply to the project, see Chapter 19.140 FWRC. Ordinance No. 23- Page 89 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 12. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 13. For affordable housing requirements, see FWRC 19.110.010. 14. The subject property must provide usable open space in a total amount equal to at least 150 sq. ft. per dwelling unit and may include common open space such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the director deems appropriate. A minimum of 25 percent of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 square feet and has a minimum dimension of six feet. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.65 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23- Page 90 of 170 I19.215.050 Multifamily dwelling units. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 15. Parking spaces shall be provided as follows: Efficiency dwelling units — 1.0 per unit One bedroom dwelling units — 1.5 per unit Studio dwelling units — 1.25 per unit Dwelling units with two bedrooms or more — 2.0 per unit. 16. Dwelling unit parking stalls are in addition to required parking for all nonresidential ground floor uses. 17. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 18. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23- Page 91 of 170 Section 25. FWRC 19.215.070 is hereby amended to read as follows: I19.215.070 Permanent supportive housing and transitional housing. The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b Permanent Process See 20 5 ft. 5 None See See 1. Any proposed permanent supportive housing or transitional housing supportive housing III note ft. ft. note 8 notes facility with more than two units, or which brings the total number of and transitional 2 10, a -Rd permanent supportive housing or transitional housing units on the housing 11 and property to more than three units, must be distanced at least one and 14. one-third miles (7,040 ft.) from any property with more than three units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 50 residences located within a single facility or complex; and the subject property must contain at least 2,400 sq. ft. of lot area per dwelling or one acre for every 18 units. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The housing will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. Ordinance No. 23- Page 92 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height parking USE REGULATIONS Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES b 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 8. If any portion of the structure is within 100 ft. of a single-family 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. 9. The subject property must provide usable open space in a total amount equal to at least 150 sq. ft. per dwelling unit and may include common open space such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the director deems appropriate. A minimum of 25% of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 sq. ft. and has a minimum dimension of six ft. (Continued on next page) Ordinance No. 23- Page 93 of 170 SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Reauired Yards Required Review Lot Process Size Front Side USE REGULATIONS (ead 4 b 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. Req u i red leight f parking Spaces tructure PECIAL REGULATIONS AND NOTES 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. 1 19.215.070 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b 10. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Ordinance No. 23- Page 94 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 11. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 12. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on - site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a Ordinance No. 23- Page 95 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 13. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC. 14. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.65 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23- Page 96 of 170 IN Section 26. FWRC 19.215.150 is hereby amended to read as follows: I19.215.150 Senior citizen or special needs housing. The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximum Required Yards Required Required Review Lot Height of Parking Process Size Front Side Rear Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS (each) b Senior citizen or Process None Senior housing 35 ft. Senior 1. All buildings must be gabled with pitched roofs. special needs II or, or special needs citizen 2. Commercial uses allowed in this zone may be permitted on the housing (stacked with housing: same See note housing: ground floor of stacked senior citizen or special needs housing with a dwelling units) SEPA, as these 3 1 for minimum floor -to -ceiling height of 13 ft. Process requirements each 3. If any portion of a structure on the subject property is within 100 ft. of III for ground floor unit a single-family residential zone, then that portion of the structure shall use not exceed 30 ft. above average building elevation and the structure Special shall be set back a minimum of 20 ft. from the property line of the Stand-alone needs residential zone. senior citizen or housing: 4. The subject property must provide usable open space in a total special needs 0.5 for amount equal to at least 100 sq. ft. per dwelling unit and may include housing: each common open spaces such as plazas, recreation rooms, rooftop terraces, 20 1 5 ft. 1 5 ft. unit p-patches, pools, active lobbies, and atriums. All eligible usable open Ordinance No. 23- Page 97 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximum Required Yards Required Required Review Lot Height of Parking Process Size Front Side Rear Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS (each) b space shall also meet the requirements specified in FWRC 19.115.115. A ft. See note fee -in -lieu payment may be utilized for up to 50 percent of the usable See notes 3 and 14 and open space as specified in FWRC 19.115.115. 8 15. 5. Any common open space requirements for senior housing or special needs housing may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. 6. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements; e.g., required buffers, parking lot landscaping, surface water facilities, among others. 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 8. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 10. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 11. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 12. Chapter 19.270 FWRC contains regulations regarding home occupations. 13. For affordable housing requirements, see FWRC 19.110.010. 14. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). Ordinance No. 23- Page 98 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximum Required Yards Required Required Review Lot Height of Parking Process Size Front Side Rear Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS (each) b 15. Minimum residential parking requirements subject to FWRC 19.130.120 (4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 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. 17-834, § 15, 5-16-17.) Section 27. FWRC 19.220.050 is hereby amended to read as follows: I 19.220.050 Multifamily dwelling units. The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section: SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS REGULATIONSIRequiredl Minimums lHeight of lRequired Ordinance No. 23- Page 99 of 170 USE 4 b Review Process Lot Size Required Front Yards Side (each) Rear Structure Parking Spaces SPECIAL REGULATIONS AND NOTES Multifamily dwelling Process None Same as these 65 ft. See notes 1. All nonresidential ground floor spaces must have a minimum floor -to -ceiling units (stacked II or, regulations for above 5 — 8, and height of 13 ft. and a minimum depth of 15 ft. dwelling units) with ground floor average 18. 2. Building height may not exceed 30 ft. above average building elevation for SEPA, use except 20 building the portion of the building located within 100 ft. from a single-family residential Process ft. abutting elevation zone. III single-family (ABE) 3. All buildings except for related parking structures up to 65 ft. in height (six residential stories), must be gabled with pitched roofs, unless the building is taller than 35 zones See note ft. (three stories) with a rooftop that contributes to the multifamily open space See notes 2 2 requirements. and 14 4. Multi -unit housing and accessory living facilities may be located on the ground floor of a structure only as follows: (a) ground level space that spans at least 60 percent of the total length of the principal commercial facade of all buildings, as determined by the director, is occupied with one or more other use(s) allowed in this zone; and (b) ground level space that spans at least 40 percent of the total length of all other street -facing facades of all buildings is occupied with one or more other use(s) allowed in this zone. Parking in conjunction with other uses allowed in this zone may also be located on the ground floor of the structure if non -visible from the right-of-way or public areas. 5. For 100 dwelling units or more on a subject property, 25 percent of parking shall be underground or on the first floor within the building footprint, except for visitor parking, which can be surface parking. 6. Parking spaces shall be provided as follows: Efficiency dwelling units — 1.0 per unit Studio dwelling units — 1.25 per unit One bedroom dwelling units — 1.5 per unit Dwelling units with two bedrooms or more — 2.0 per unit. 7. Dwelling unit parking stalls are in addition to required parking for all nonresidential ground floor uses. Ordinance No. 23- Page 100 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 8. Alternatively, applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 9. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 10. Chapter 19.270 FWRC contains regulations regarding home occupations. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. I19.220.050 Multifamily dwelling units. (Continued) SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Requiredl Minimums lHeight Required REGULATIONS Review Lot I Required Yards lof Parking Ordinance No. 23- Page 101 of 170 Process Size Structure Spaces SPECIAL REGULATIONS AND NOTES Front Side Rear USE (each) b 11. The subject property must provide usable open space in a total amount equal to at least 150 sq. ft. per dwelling unit, and may include private spaces such as yards, patios, and balconies, as well as common areas such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the director deems appropriate. A minimum of 25 percent of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 square feet and has a minimum dimension of six feet. 12. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, e.g., required buffers, parking lot landscaping, surface water facilities, among others. 13. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 14. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 15. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 16. For affordable housing requirements, see FWRC 19.110.010. 17. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC 18.. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC, For details regarding required yards, see FWRC 19.125.160 et seq. Chapter 19.70 FWRC respectively. Ordinance No. 23- Page 102 of 170 Section 28. FWRC 19.220.080 is hereby amended to read as follows: I19.220.080 Senior citizen or special needs housing. The following uses shall be permitted in the community business (BQ zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES 4 b Senior citizen or Process None Senior housing 65 ft. Senior 1. All buildings, except for related parking structures up to 65 ft. in height (six special needs housing II or, or special above citizen stories), must be gabled with pitched roofs, unless the building is taller than 35 (stacked dwelling with needs housing: average housing: ft. (three stories) with a rooftop that contributes to the multifamily open space units) SEPA, same as these building 1 for requirements. Process requirements elevation each 2. If any portion of a structure on the subject property is within 100 ft. of a III for ground (ABE) unit single-family residential zone, then that portion of the structure shall not floor use exceed 30 ft. above average building elevation, and the structure shall be set See note Special back a minimum of 20 ft. from the property line of the single-family residential Stand-alone 2 needs zone. senior citizen housing: 3. Commercial uses allowed in this zone may be permitted on the ground floor or special 0.5 per of stacked senior citizen or special needs housing with a minimum floor -to - needs housing each ceiling height of 13 ft. 20 5 ft. 5 unit 4. For 100 units or more on a subject property, 25 percent of parking shall be ft. ft. underground, or on the first floor within the building footprint, except for Ordinance No. 23- Page 103 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear S p aces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b See visitor parking, which can be surface parking. See notes 2 and 12 notes 4 5. Alternatively, applicant may choose to submit a parking study in accordance aPA-5 with FWRC 19.130.080(2). and 16. 6. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 7. Chapter 19.270 FWRC contains regulations regarding home occupations. 8. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include common open spaces such as plazas, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu payment may be utilized for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 9. Any common open space requirements for senior housing or special needs housing may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. 10. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, e.g., required buffers, parking lot landscaping, surface water facilities, among others. 11. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 12. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 13. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 14. For affordable housing requirements, see FWRC 19.110.010. Ordinance No. 23- Page 104 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear S p aces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 15. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 16. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 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. Section 29. FWRC 19.220.100 is hereby amended to read as follows: I19.220.100 Permanent supportive housing and transitional housing. The following uses shall be permitted in the community business (BQ zone subject to the regulations and notes set forth in this section: USE ZONE CHART REGULATIONSIDIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Ordinance No. 23- Page 105 of 170 Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE (each) SPECIAL REGULATIONS AND NOTES b Permanent Process None 0/20 10/20 10/20 None 55 ft. See 1. Any proposed permanent supportive housing or transitional supportive housing III above notes housing facility with more than two units, or which brings the total and transitional average 14, aR4 number of permanent supportive housing or transitional housing housing building 15 and units on the property to more than three units, must be distanced at elevation 18. least one and one-third miles (7,040 ft.) from any property with more (ABE) than three units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each See such property. notes 9 2. There shall be no more than 50 residences located within a single and 10 facility or complex. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, Ordinance No. 23- Page 106 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Process Lot Size Front Side (each) Rear Lot Coverage Height of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES b for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Building height may not exceed 30 ft. above average building elevation for the portion of the building located within 100 ft. from a single-family residential zone. 10. All buildings, except for related parking structures up to 65 ft. in height (six stories), must be gabled with pitched roofs, unless the building is taller than 35 ft. (three stories) with a rooftop that contributes to the multifamily open space requirements. 11. Housing and accessory living facilities may be located on the ground floor only as follows: (a) ground level space that spans at least 60% of the total length of the principal commercial facade of all buildings, as determined by the director, is occupied with one or more other use(s) allowed in this zone; and (b) ground level space that spans at least 40% of the total length of all other street -facing facades of all buildings is occupied with one or more other use(s) allowed in this zone. Parking in conjunction with other uses allowed in this zone may also be located on the ground floor of the structure if nonvisible from the right-of-way or public areas. (Continued on next page) Ordinance No. 23- Page 107 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 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. 19.220.100 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b 12. All nonresidential ground floor spaces must have a minimum floor -to - ceiling height of 13 ft. and a minimum depth of 15 ft. 13. The subject property must provide usable open space in a total amount equal to at least 150 sq. ft. per dwelling unit, and may include Ordinance No. 23- Page 108 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b private spaces such as yards, patios, and balconies, as well as common areas such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the director deems appropriate. A minimum of 25% of the usable open space provided must be common open space. Private open space such as a patio, porch, balcony, or yard may be credited toward total residential usable open space, if such private open space is a minimum of 48 sq. ft. and has a minimum dimension of six ft. 14. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 15. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 16. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff; Ordinance No. 23- Page 109 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking USE REGULATIONS Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES b ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on - site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.65 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23- Page 110 of 170 I19.220.100 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Required Yards Required Review Lot Lot Process Size Front Side Rear Coy USE REGULATIONS (each) b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Ordinance No. 23- Required eight parking F Spaces PECIAL REGULATIONS AND NOTES d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 17. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC. 18. Minimum residential parking requirements subject to FWRC 19.130.120(4). For other information about parking and parking areas, see Chapter 19.130 FWRC. Page 111 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Reauired Yards Required Review Lot Process Size Front Side USE REGULATIONS IG b Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Required Lot Height Parking Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES Section 29. FWRC 19.220.105 is hereby amended to read as follows: 19.220.105 Emergency housing and shelter. 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. The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Required Height of Review Lot Side Structure Parking Process Size Front Rear Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES 4 b Emergency housing Process None 5 ft. See notes 45 ft. See 1. Minimum side and rear yards shall be 20 ft. adjacent to residential zones and Ordinance No. 23- Page 112 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces p USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES IG b and shelter III 1 and 2 above notes five ft. adjacent to all other zones. average 13, a� 2. The city may permit these uses only if: — Except 20 building 14 and a. The proposed emergency housing and shelter is distanced at least 1,000 ft. along elevation 17. from: s single- ngle- (AABE) to i. Any other emergency housing and shelter; or family 55 ft. ii. Public schools; residential AABE As measured from the nearest points of each such property. zones b. The facility and program secure and maintain all licenses and/or approvals See note 10 See as required by the state. notes 6 c. The property is situated proximate to, and has convenient access to, public and 7 transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The program will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (i) how the facility will engage with the community; (ii) how the facility will respond to community complaints or concerns; and (iii) who is the point of Ordinance No. 23- Page 113 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces p USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 3. The city will determine the maximum number of residents and the number of dwelling units or occupancy rooms or suites permitted in a stand-alone development based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these units, rooms, or suites. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23- Page 114 of 170 I19.220.105 Emergency housing and shelter. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, and other design features of the proposed development. 4. A minimum of one unit and no more than five percent of the total dwelling units in a mixed -use development may be social services transitional housing. 5. Floor area requirements, minimum sleeping areas, and bathroom facilities will be determined on a case -by -case basis. 6. If approved by the director of community development, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, 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 also complies with note 7; 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. 7. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single-family 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, Ordinance No. 23- Page 115 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces p USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b parking lot landscaping, surface water facilities, etc. 9. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 10. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 11. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 12. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 13. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23- Page 116 of 170 I19.220.105 Emergency housing and shelter. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 14. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 15. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on -site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing Ordinance No. 23- Page 117 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces p USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 16. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC, unless operated as a result of inclement weather, natural disaster, or similar event. 17. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23- Page 118 of 170 Section 30. FWRC 19.225.055 is hereby amended to read as follows: I 19.225.055 Emergency housing and shelter. The following uses shall be permitted in the city center core (CC-Q zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required USE REGULATIONS Review Process Lot Size Front Side (each) Rear of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES b Emergency housing Process None 20 5 ft. 70 ft. See 1. Minimum side and rear yards shall be 20 ft. along residential zones and five ft. and shelter III ft. or notes 11, along all other zones. 200 ft. a-R4 12 2. The city may permit these uses only if: and 15. a. The proposed emergency housing and shelter is distanced at least 1,000 ft. See from: note 5 i. Any other emergency housing and shelter; or ii. Public schools; As measured from the nearest points of each such property. b. The facility and program secure and maintain all licenses and/or approvals as required by the state. c. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The program will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are Ordinance No. 23- Page 119 of 170 SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Yards Required IHeight Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES IG b 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. responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (i) how the facility will engage with the community; (ii) how the facility will respond to community complaints or concerns; and (iii) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. (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. Ordinance No. 23- Page 120 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 19.225.055 Emergency housing and shelter. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 3. The city will determine the maximum number of residents and the number of dwelling units or occupancy rooms or suites permitted in a stand-alone development based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these units, rooms, or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, and other design features of the proposed development. 4. Floor area requirements, minimum sleeping areas, and bathroom facilities will Ordinance No. 23- Page 121 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required USE REGULATIONS Review Process Lot Size Front Side (each) Rear of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES b be determined on a case -by -case basis. S. Building height may be increased from the permitted outright height of 70 ft. to 200 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of-way; the siting and design of which shall be approved by the director. 6. 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. 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 8. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 10. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 11. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 12. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). (Continued on next page) Ordinance No. 23- Page 122 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Reauired Yards Required Review Lot Process Size USE REGULATION 4 b 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. Height Required of Parking Side Rear Structure Spaces (each) ECIAL REGULATIONS AND NOTES IFor 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. 19.225.055 Emergency housing and shelter. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 13. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior Ordinance No. 23- Page 123 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on -site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 14. All facilities are required to be licensed pursuant to the provisions of Ordinance No. 23- Page 124 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Chapter 12.35 FWRC, unless operated as a result of inclement weather, natural disaster, or similar event. 15. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Section 31. FWRC 19.225.070 is hereby amended to read as follows: Ordinance No. 23- Page 125 of 170 I19.225.070 Multifamily dwelling units, senior citizen, or special needs housing. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Multifamily dwelling Process None Multifamily 70 ft. Multifamily 1. The city may, using process III, modify required yard, height, lot coverage, units (stacked II dwelling units, or dwelling and other site design and dimensional requirements for a proposed dwelling units) Possible senior housing, 200 ft. units: 1 per development that meets the following criteria: Process or special unit if a. The proposed development will be consistent with the adopted Senior citizen or III needs housing: See underground comprehensive plan policies for this zone; and special needs same as these notes 1 or in b. The proposed development will be consistent with the applicable housing (stacked See regulations for and 7 structured design guidelines; and dwelling units) note 1 ground floor parking or c. The street, utilities, and other infrastructure in the area are adequate to use 1.7 per unit support the proposed development. if surface 2. No setback is required adjacent to rights -of -way for senior citizen and Stand-alone parking special needs housing, when publicly visible street-scape amenities, as senior citizen defined in FWRC 19.05.190, are located along the right-of-way; the siting or special See notes 21 and design of which shall be approved by the director. needs housing: _ 2-425. 3. The entire ground floor must be utilized with retail space(s) with a 20 5 ft. 5 minimum floor -to -ceiling height of 13 ft. ft. ft. Senior 4. Retail uses allowed in this zone may be permitted on the ground floor of citizen stacked senior citizen or special needs housing with a minimum floor -to - See notes 1, 2 housing: 1 ceiling height of 13 ft. and 12 for each unit 5. Primary building entries to residential, retail, or parking must face an arterial street with no multifamily residential ground -floor parking visible Ordinance No. 23- Page 126 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required USE REGULATIONS Review Process Lot Size Front Side (each) Rear of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES b Special from arterial streets. needs 6. All buildings, except for related parking structures up to 65 ft. in height (six housing: 0.5 stories), must be gabled with pitched roofs, unless the building is taller than for each unit 35 ft. (three stories) with a rooftop that contributes to the multifamily open space requirements. 7. Building height may be increased from the permitted outright height of 70 ft. to 200 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of-way; the siting and design of which shall be approved by the director. 8. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private open spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee - in -lieu payment may be utilized for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 9. Any common open space requirements for senior housing or special needs housing may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. (Continued on next page) Ordinance No. 23- Page 127 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES 4 b Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 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. 19.225.070 Mult:_unit housing. Multifamily dwelling units, senior citizen, or special needs housing (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 10. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, e.g., required buffers, parking Ordinance No. 23- Page 128 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b lot landscaping, surface water facilities, among others. 11. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 12. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 13. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 14. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 15. Chapter 19.270 FWRC contains regulations regarding home occupations. 16. For affordable housing requirements, see FWRC 19.110.010. 17. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 18. 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. 19. 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 18. 20. Multiple -story buildings are not subject to notes 18 and 19; provided, that each floor contains at least 75 percent of the gross sq. ft. of the floor below it and contains a retail use(s). 21. Parking may be provided underground or above ground in structured parking or may be permitted as surface parking. 22. Dwelling unit parking stalls are in addition to required parking for all nonresidential ground floor uses. Ordinance No. 23- Page 129 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 23. Surface parking areas for multifamily development must be located so that they are not visible from arterials or pedestrian oriented walkways. When determined by the community development director or designee that such requirement is not feasible, surface parking may be screened from public view by a compact evergreen hedge, a solid wall or fence, or in a manner approved by the community development director or designee. 24. Required parking may be reduced under the provisions of FWRC 19.130.020(3) (a), (b), (c), and (d). 25. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23- Page 130 of 170 Section 32. FWRC 19.225.075 is hereby amended to read as follows: I19.225.075 Permanent supportive housing and transitional housing. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES 4 b Permanent Process None 10 ft. None 70 ft. or See 1. Any proposed permanent supportive housing or transitional housing supportive housing III 200 ft. notes facility with more than two units, or which brings the total number of and transitional 16, aPA permanent supportive housing or transitional housing units on the housing See 17 and property to more than three units, must be distanced at least one and notes 20. one-third miles (7,040 ft.) from any property with more than three units 11 and of permanent supportive housing and/or transitional housing, as 12 measured from the nearest points of each such property. 2. There shall be no more than 110 residences located within a single facility or complex. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. Ordinance No. 23- Page 131 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking USE REGULATIONS Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES b 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Where the building is located near a right-of-way, the ground floor must consist of nonresidential space(s) with a minimum floor -to -ceiling height of 13 ft.; or residential spaces that contribute an active presence to the streetscape. 10. Primary building entries to residential, retail, or parking must face an arterial street with no multifamily residential ground floor parking visible from arterial streets. 11. All buildings, except for related parking structures up to 65 ft. in height (six stories), must be gabled with pitched roofs, unless the building is taller than 35 ft. (three stories) with a rooftop that contributes to the multifamily open space requirements. 12. Building height may be increased from the permitted outright height Ordinance No. 23- Page 132 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b of 70 ft. to 200 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of-way; the siting and design of which shall be approved by the director. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.65 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. I19.225.075 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Required Minimums I Maximums Required REGULATIONS Review Lot I Required Yards Lot Height Parking Ordinance No. 23- Page 133 of 170 USE b Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES 13. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private open spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, P-patches, pools, active lobbies, and atriums. A minimum of 25% of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu payment may be utilized for up to 50% of the usable open space as specified in FWRC 19.115.115. 14. Any common open space requirements may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. 15. Surface parking areas must be located so that they are not visible from arterials or pedestrian -oriented walkways. When determined by the director or designee that such requirement is not feasible, surface parking may be screened from public view by a compact evergreen hedge, a solid wall or fence, or in a manner approved by the community development director or designee. 16. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 17. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 18. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, Ordinance No. 23- Page 134 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.65 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. I19.225.075 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS lRequiredl Minimums I Maximums Required REGULATIONS Review Lot I Required Yards Lot lHeight Parking Ordinance No. 23- Page 135 of 170 USE b Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on - site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 19. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC. 20. Minimum residential parking requirements subject to FWRC 19.130.120(4). Ordinance No. 23- Page 136 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Reauired Yards Required Review Lot USE REGULATIONS Process Size Fro 4 b 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. Required ide Lot of fight Parking �achl Rear Coverage Structure Spaces Section 33. FWRC 19.230.055. is hereby amended to read as follows: 19.230.055 Emergency housing and shelter. PECIAL REGULATIONS AND NOTES 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. 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: Ordinance No. 23- Page 137 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces p USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Emergency housing Process None 5 ft. See notes 45 ft. See 1. Minimum side and rear yards shall be 20 ft. along residential zones and five and shelter III 1 and 2 above notes 11, ft. along all other zones. average a�12 2. The city may permit these uses only if: See note 8 building and 15. a. The proposed emergency housing and shelter is distanced at least 1,000 elevation ft. from: (AABE) i. Any other emergency housing and shelter; or to 55 ft. ii. Public schools; AABE As measured from the nearest points of each such property. b. The facility and program secure and maintain all licenses and/or approvals See as required by the state. notes 4 c. The property is situated proximate to, and has convenient access to, public and 5 transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The program will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (1) how the facility will engage with the community; (2) how the Ordinance No. 23- Page 138 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height of Required Review Lot Side Structure Parking Process Size Front Rear Spaces p USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b facility will respond to community complaints or concerns; and (3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. I19.230.055 Emergency housing and shelter. (Continued) SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Requiredl Minimums lHeight Required REGULATIONS Review Lot I Required Yards lof Parking Ordinance No. 23- Page 139 of 170 USE b Process Size Front SideRear (each) Structure Spaces SPECIAL REGULATIONS AND NOTES 3. The city will determine the maximum number of residents and the number of dwelling units or occupancy rooms or suites permitted in a stand-alone development based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these units, rooms, or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, and other design features of the proposed development. 4. If approved by the director of community development, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, 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 also complies with note 5; c. Height over 40 ft. is set back from all residential 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. 5. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single-family residential zone. 6. 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. 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 8. For landscaping requirements that apply to the project, see Ordinance No. 23- Page 140 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Chapter 19.125 FWRC. 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 10. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. I19.230.055 Emergency housing and shelter. (Continued) SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IRequiredl Minimums lHeight Required REGULATIONS Review Lot I Required Yards lof Parking Ordinance No. 23- Page 141 of 170 USE b Process Size Front SideRear (each) Structure Spaces SPECIAL REGULATIONS AND NOTES 11. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 12. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 13. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on -site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall Ordinance No. 23- Page 142 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 14. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC, unless operated as a result of inclement weather, natural disaster, or similar event. 15. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Section 34. FWRC 19.230.060. is hereby amended to read as follows: Ordinance No. 23- Page 143 of 170 I19.230.060 Multifamily dwelling units, senior citizen, or special needs housing. 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: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Multifamily dwelling Process None Multifamily 70 ft. Multifamily 1. The city may, using process III, modify required height, yard, landscape units (stacked II dwelling units, or dwelling and other site design and dimensional requirements for a proposed dwelling units) Possible senior housing, 85 ft. units: 1 per development that meets the following criteria: Process or special unit if a. The proposed development will be consistent with the adopted Senior citizen or III needs housing: See underground comprehensive plan policies for this zone; and special needs Same as these notes 1, or in b. The proposed development will be consistent with applicable design housing (stacked See requirements 5 and 6 structured guidelines; and dwelling units) note 1 for ground parking or c. The street utilities and other infrastructure in the area are adequate to floor use 1.7 per unit support the proposed development. if surface 2. All buildings, except for related parking structures up to 65 ft. in height (six Stand-alone parking stories), must be gabled with pitched roofs, unless the building is taller than senior citizen 35 ft. (three stories) with a rooftop that contributes to the multifamily open or special See notes 21 space requirements. needs housing: _ 2-.2-24. 3. Multi -unit housing and accessory living facilities may be located on the 20 5 ft. 5 ground floor of a structure only as follows: (a) ground level space that spans ft. ft. Senior at least 60 percent of the total length of the principal commercial facade of citizen all buildings, as determined by the director, is occupied with one or more See notes 1, 6, housing: 1 other use(s) allowed in this zone; and (b) ground level space of all buildings 10, and 12 for each unit that span at least 40 percent of the length of any other street -facing facades is occupied with one or more other use(s) allowed in this zone; and (c) all Ordinance No. 23- Page 144 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Special ground level nonresidential space(s) have a minimum floor -to -ceiling height needs of 13 ft. and an average depth of 30 ft., but in no case less than 15 ft. housing: 4. Commercial uses allowed in this zone may be permitted on the ground 0.5 for each floor of stacked senior citizen or special needs housing with a minimum unit floor -to -ceiling height of 13 ft. 5. Building height may be increased from the permitted outright height of 70 ft. to 85 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of-way; the siting and design of which shall be approved by the director. 6. Structures on property that adjoins a single-family residential zone shall be set back a minimum of 20 ft. from the property line adjacent to the single- family residential zone. The height of structures shall not exceed 30 ft. above average building elevation when located within 100 ft. from such property line. 7. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. A minimum of 25 percent of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu option is available for up to 50 percent of the usable open space as specified in FWRC 19.115.115. (Continued on next page) Ordinance No. 23- Page 145 of 170 SE ZONE CHART IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Reauired Yards Required Height Required Review Lot of Parking USE REGULATIONS (each) Process Size Front Side Rear Structure Spaces 4 b 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. SPECIAL REGULATIONS AND NOTES 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. 1 19.230.060 Multifamily dwelling units, senior citizen, or special needs housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 8. Any common open space requirements for senior housing or special needs housing may be reduced at the discretion of the director, if an open space study Ordinance No. 23- Page 146 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b documents that less common open space will be adequate to serve the needs of the residents. 9. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, e.g., buffers, parking lot landscaping, surface water facilities, among others. 10. No setback is required adjacent to rights -of -way for senior citizen and special needs housing, when publicly visible streetscape amenities, as defined in FWRC 19.05.190, are located along the right-of-way, the siting and design of which shall be approved by the director. 11. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 12. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 13. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 14. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 15. Chapter 19.270 FWRC contains regulations regarding home occupations. 16. For affordable housing requirements, see FWRC 19.110.010. 17. For provisions that relate to the keeping of animals, see FWRC 19.260.010 et seq. 18. 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. 19. No more than 16,000 sq. ft. of new single -story construction may occur on a Ordinance No. 23- Page 147 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Height Required Review Lot of Parking Process Size Front Side Rear Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b subject property, excluding increases approved under the provisions of FWRC 19.110.080 and minor additions approved by the director under note 18, above. 20. Multiple -story buildings are not subject to notes 18 and 19, above; 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. 21. Parking may be provided underground or above ground in structured parking or may be permitted as surface parking. 22. Dwelling unit parking stalls are in addition to required parking for all nonresidential ground floor uses. 23. Required parking may be reduced under the provisions of FWRC 19.130.020(3) (a), (b), (c), and (d). 24. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23- Page 148 of 170 Section 35. FWRC 19.230.065. is hereby amended to read as follows: I19.230.065 Permanent supportive housing and transitional housing. 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: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES 4 b Permanent Process None 10 ft. None 70 ft. or See 1. Any proposed permanent supportive housing or transitional housing supportive housing III 85 ft. notes facility with more than two units, or which brings the total number of and transitional 15, aPA permanent supportive housing or transitional housing units on the housing See 16 and property to more than three units, must be distanced at least one and notes 9 19. one-third miles (7,040 ft.) from any property with more than three units and 10 of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 110 residences located within a single facility or complex. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. Ordinance No. 23- Page 149 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking USE REGULATIONS Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES b 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Building height may be increased from the permitted outright height of 70 ft. to 85 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of-way; the siting and design of which shall be approved by the director. 10. Structures on property that adjoins a single-family residential zone shall be set back a minimum of 20 ft. from the property line adjacent to the single-family residential zone. The height of structures shall not exceed 30 ft. above average building elevation when located within 100 ft. from such property line, unless the project proposes utilizing an existing building. 11. All buildings, except for related parking structures up to 65 ft. in height (six stories), must be gabled with pitched roofs, unless the Ordinance No. 23- Page I50 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b building is taller than 35 ft. (three stories) with a rooftop that contributes to the multifamily open space requirements. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.70 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.230.065 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS IRequiredl Minimums I Maximums Required REGULATIONS Review Lot I Required Yards Lot lHeight Parking Ordinance No. 23- Page 151 of 170 USE b Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES 12. Where the building is located near a right-of-way, the ground floor must consist of nonresidential space(s) with a minimum floor -to -ceiling height of 13 ft.; or residential spaces that have been designed to contribute to an active presence to the streetscape. 13. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, P-patches, pools, active lobbies, and atriums. A minimum of 25% of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu option is available for up to 50% of the usable open space as specified in FWRC 19.115.115. 14. Any common open space requirements may be reduced at the discretion of the director, if an open space study documents that less common open space will be adequate to serve the needs of the residents. 15. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 16. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 17. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the Ordinance No. 23- Page 152 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b subject site to services and schools must be provided to residents. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 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. I19.230.065 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Required Yards Required Review Lot Lot Height parking USE REGULATIONS Process Size Front Side Rear Coverage of Spaces (each) Structure SPECIAL REGULATIONS AND NOTES Ordinance No. 23- Page 153 of 170 Process I, II, III and IV are described in Chapter 19.55 FWRC, c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff; ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on - site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 18. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC. 19. Minimum residential parking requirements subject to FWRC 19.130.120(4). For other information about parking and parking areas, see Chapter 19.130 FWRC. Ordinance No. 23- Page 154 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Reauired Yards Required Review Lot USE REGULATIONS Process Size Fro 4 b Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Required ide Lot of fight Parking �achl Rear Coverage Structure Spaces Section 36. FWRC 19.240.085. is hereby amended to read as follows: PECIAL REGULATIONS AND NOTES 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. I19.240.085 Permanent supportive housing and transitional housing. The following uses shall be permitted in the commercial enterprise (CE) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Ordinance No. 23- Page 155 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Permanent Process None 5 ft. See note None 45 ft. See 1. Any proposed permanent supportive housing or transitional housing supportive housing III 12 above notes facility with more than two units, or which brings the total number of and transitional average 13, a -Rd permanent supportive housing or transitional housing units on the housing building 14 and property to more than three units, must be distanced at least one and elevation 17. one-third miles (7,040 ft.) from any property with more than three units (AABE) of permanent supportive housing and/or transitional housing, as to 55 ft. measured from the nearest points of each such property. AABE 2. There shall be no more than 110 residences located within a single and four facility or complex. floors 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other See services and facilities frequently utilized by the residents of the notes 9 property. and 10 4. The facility or complex will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. S. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. Ordinance No. 23- Page 156 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Reauired Yards Required Review Lot USE REGULATIONS Process Size Fro 4 b Process I, II, III and IV are described in Chapter 19.55 FWRC, Ordinance No. 23- Required ide Lot Height of Parking , Rear Coverage Structure Spaces ECIAL REGULATIONS AND NOTES 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. If approved by the director, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, 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 10; c. Height over 40 ft. is set back from all residential 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. (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. Page 157 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Reauired Yards Required Review Lot USE REGULATIONS Process Size Fro 4 b Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Required ide Lot Height of Parking , Rear Coverage Structure Spaces ECIAL REGULATIONS AND NOTES 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. 19.240.085 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height parking Process Size Front Side Rear Coverage Spaces USE REGULATIONS (each) Structure Structure SPECIAL REGULATIONS AND NOTES b 10. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single-family residential zone. 11. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop Ordinance No. 23- Page 158 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage of Spaces USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES b terraces, P-patches, pools, active lobbies, and atriums. A minimum of 25% of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu option is available for up to 50% of the usable open space as specified in FWRC 19.115.115. 12. Minimum side and rear yards shall be 20 ft. adjacent to single-family residential zones and five ft. adjacent to all other zones. 13. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 14. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). 15. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; Ordinance No. 23- Page 159 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking USE REGULATIONS Process Size Front Side (each) Rear Coverage of Structure Spaces SPECIAL REGULATIONS AND NOTES b iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on - site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.65 FWRC respectively. seq. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 23- Page 160 of 170 I19.240.085 Permanent supportive housing and transitional housing. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Required Yards Required Review Lot Lot Process Size Front Side Rear Coy USE REGULATIONS (each) b Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Ordinance No. 23- Required eight parking F Spaces PECIAL REGULATIONS AND NOTES d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 16. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC. 17. Minimum residential parking requirements subject to FWRC 19.130.120(4). For other information about parking and parking areas, see Chapter 19.130 FWRC. Page 161 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums I Maximums Reauired Yards Required Review Lot USE REGULATIONS Process Size Fro IG b Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Required ide Lot of fight Parking �achl Rear Coverage Structure Spaces Section 37. FWRC 19.240.095. is hereby amended to read as follows: 19.240.095 Emergency housing and shelter. PECIAL REGULATIONS AND NOTES 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. The following uses shall be permitted in the commercial enterprise (CE) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Maximum Required Review Lot Height of Parking Process Size Front Side Rear Structure(s) Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Emergency housing Process None 5 ft. See notes 45 ft. See 1. Minimum side and rear yards shall be 20 ft. adjacent to single-family Ordinance No. 23- Page 162 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Maximum Required Review Lot Height of Parking Process Size Front Side Rear Structure(s) Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b and shelter III 1 and 2 above notes residential zones and five ft. adjacent to all other zones. average 10, a - Rd 2. The city may permit this use only if: See note 3 building 11 and a. The proposed emergency housing and shelter is distanced at least 1,000 elevation 14. ft. from: (AABE) to i. Any other emergency housing and shelter; or 55 ft. ii. Public schools; AABE As measured from the nearest points of each such property. b. The facility and program secure and maintain all licenses and/or See notes approvals as required by the state. 3 and 4 c. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. d. The facility will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (i) how the facility will engage with the community; (ii) how the facility will respond to community complaints or concerns; and (iii) who is the Ordinance No. 23- Page 163 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Maximum Required Review Lot Height of Parking Process Size Front Side Rear Structure(s) Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. I19.240.095 Emergency housing and shelter. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Requiredl Minimums IMaximum IRequirE REGULATIONS Review ILot I Required Yards jHeight of IParking Ordinance No. 23- Page 164 of 170 USE b Process Size Front Side (each) Rear Structure(s) Spaces SPECIAL REGULATIONS AND NOTES 3. If approved by the director, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, 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 also complies with note 4; 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. 4. Building height may not exceed 30 ft. AABE when located within 100 ft. of a single-family residential zone. 5. 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. 6. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 7. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 8. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 9. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 10. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Dwelling units with two bedrooms or more — 2.0 per unit + one per two employees Ordinance No. 23- Page 165 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Maximum Required Review Lot Height of Parking Process Size Front Side Rear Structure(s) Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b 11. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2). (Continued on next page) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. 19.240.095 Emergency housing and shelter. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Requiredl Minimums IMaximum IRequirE REGULATIONS Review Lot I Required Yards lHeight of IParking Ordinance No. 23- Page 166 of 170 USE b Process Size Front Side (each) Rear Structure(s) Spaces SPECIAL REGULATIONS AND NOTES 12. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.18 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior, and the on -site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the Ordinance No. 23- Page 167 of 170 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Maximum Required Review Lot Height of Parking Process Size Front Side Rear Structure(s) Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b participant to resolve any outstanding warrants with applicable legal authorities. 13. All facilities are required to be licensed pursuant to the provisions of Chapter 12.35 FWRC, unless operated as a result of inclement weather, natural disaster, or similar event. 14. Minimum residential parking requirements subject to FWRC 19.130.120(4). Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.65 FWRC respectively. 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. Ordinance No. 23- Page 168 of 170 Section 38. Severability. 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 any other persons or circumstances. Section 39. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 40. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 41. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of , 20 [signature to follow] Ordinance No. 23- Page 169 of 170 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 170 of 170 COUNCIL MEETING DATE: January 17, 2023 ITEM #: 10b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: CREATION OF A CITY CLERK DEPARTMENT POLICY QUESTION: Should the City Council create a City Clerk Department as recommended by the Mayor? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian Davis, City Administrator DEPT: Mayor's Office Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A i % c DIRECTOR APPROVAL: % //0 Committee Co cd Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (JAN 17): "I move to forward the proposed ordinance to the January 17, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (FEB 7): "I move approval of the proposed ordinance. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # CB# 841 ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: January 9, 2023 TO: City Council VIA: Jim Ferrell, Mayor FROM: Brian Davis, City Administrator SUBJECT: Creation of a City Clerk Department Currently, the City Clerk's Office serves as the primary point of contact for the public and staff regarding the city's legislative action and official information. They provide the link between the community and elected officials in an effort to enhance public participation in the municipal process, provide transparency and access to essential public records, and ensure continuity for the city of Federal Way by recording and retaining historical and contemporary legislative action. Mayor Ferrell recommends adoption of the proposed ordinance which would create a city clerk department. The job title and description of City Clerk would not change, and compensation would continue to be based on city clerk positions in comparable cities. There is no budgetary impact to the proposal. Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the creation of a City Clerk Department; removing FWRC 2.11.030; and adding new section 2.19 to Title 2. (Amending Ordinance Nos. 14-766 and 10-666). WHEREAS, the Mayor has recommended, and the City Council concurs, that the City should establish a City Clerk Department; and WHEREAS, the Federal Way Revised Code should be modified to reflect this change; and WHEREAS, the City Council seeks to define the functions of this new department and the qualifications of its director; and WHEREAS the City Clerk is a statutory position required by State law and shall have all of the powers granted and duties imposed by authority of the laws of the state of Washington and ordinances of the City now existing or subsequently adopted. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 2.11.030 is hereby deleted in its entirety. Section 2. Title 2 of the Federal Way Revised Code is hereby amended to add a new Chapter 2.19 to read as follows: 2.19.010 Creation of department. There is hereby created a city department known as the city clerk department. The_dMartment shall provide and manage those services and duties required of a city clerk under state lave, manage the ci 's records s y stem, administer the Public Records Act and policies related to ci records maintain and update information about the cily. council. and council -appointed Ordinance No. 23- Page 1 of 4 commissions and committees, prepare and ensure timely publication of public notices, and serve as election official programs. 2.18.020 Ci clerk department director — Appointment and confirmation. There is hereby created the position of city clerk department director, also to be known as the city clerk. The city clerk department director shall be appointed by the mayor, subject to confinmation by a majority of the city council. 2.18.030 City clerk — Duties. The city clerk shall have all of the powers granted and duties imposed by authority of the laws of the state of Washington and ordinances of the City now existing or subsequently adopted, including: serving as the clerk of the council, overseeing the administration of all city council meetings including agenda development, publication. production of _official minutes of the proceedings thereof ensuring the safekeeping and organization of official records including the original roll of ordinances, original contracts, deeds and certificates related to city -owned ro ert• attesting to official acts of the Mayor, certifing copies of original records, and producing them in accordance with the city's fee schedule; accepting legal service on behalf of the City during normal office hours pursuant to state law: acting as the city's designated public records officer to ensure the proper processing of reguests for public records in accordance with state law and the city's public records policy: the timely posting of legal and public notices; coordinating. local elections and eity council opointnient processes: and coordinating administrative hearings of the ciiy's hearing examiner. 2.18.040 City clerk director — Oualifications. The city clerk director shall Have any combination of education, professional clerk's association Ordinance No. 23- Page 2 of 4 certification and experience equivalent to a bachelor's degree in public administration or related field, along with increasingly responsible relevant management experience. Section 3. Severabiti Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. 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 shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. 2023. PASSED by the City Council of the City of Federal Way this day of January, [signatures to follow] Ordinance No. 23- Page 3 of 4 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 4 of 4 COUNCIL MEETING DATE: January 3, 2023 CITY COUNCIL AGENDA BILL ITEM #: 1 Oc SUBJECT: ORDINANCE: COMPOST PROCUREMENT PER HB 1799 (ORGANICS MANAGEMENT LAW) POLICY QUESTION: Should the City Council adopt an ordinance to establish procurement standard, reporting, and outreach related to compost products used in government -funded projects and maintenance? COMMITTEE: Land Use and Transportation MEETING DATE: Dec. 5, 2022 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Colleen M l Publ-ic Education and Outreach Sunv. DEPT: Public Works Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: Ca t -3 Com uce [nitiaMate In DIRECTOR APPROVAL: ImtiaUDaze COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 3, 2023. mittee Chair JaA'kaIsh, Vommittee Member PROPOSED COUNCIL MOTIONS: ittee Member FIRST READING OF ORDINANCE ANI_!An 3, 2023): "I move to forward the proposed ordinance to the January 17, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (JANUARY 17, 2023): "1 move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) _ COUNCIL ACTION:] ❑ APPROVED COUNCIL BILL # CO dJ�r ❑ DENIED First reading ' VTABLED/DEFERRED/NOACTION Enactment reading MOVED TO SECO\ D READING (ordinances only) ORDINANCE # REVISED— 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Colleen Minion, Education and Outreach Superviso,F5�3r'O SUBJECT: Ordinance: Compost Procurement per HB 1799 (Organics Management Law) Financial Impacts: The cost to the City for adoption of this Ordinance will be nominal. Procurement of compost products resulting from State Law requirements will be included in ongoing maintenance or in applicable project -specific developments, as has occurred over time. Required reporting will be streamlined to minimize impacts to staff time. Required education and outreach will be funded by ongoing solid waste and recycling grants, and will dovetail with related outreach. Background Information: In 2022, the Washington state legislature passed House Bill 1799, more broadly known as the Organics Management Law, which is Chapter 180, Laws of Washington 2022, which included a requirement for larger cities to adopt a compost procurement ordinance. The attached draft ordinance is intended to meet requirements established by this Law. The ordinance: A. Sets definitions along with compost quality and source specifications, including reasonable exceptions (price, quality, availability, etc.) B. Establishes that compost procurement is to be considered as part of specified government funded projects, including: 1. Landscaping projects; 2. Construction and postconstruction soil amendments; 3. Applications to prevent erosion, filter stormwater runoff, promote vegetative growth, or improve the stability and longevity of roadways; and 4. Low -impact development and green infrastructure to filter pollutants or to keep water onsite or both. C. Provides a priority for purchasing certified compost products from local sources that meet quality standards. D. Requires biennial compost purchasing reporting to the State. Rev 6/2020 December 5, 2022 Land Use and Transportation Committee Ordinance: Compost Procurement per HB 1799 Page 2 E. Requires education and outreach to residents to highlight the benefits of compost use in City operations. Broad cr Impacts of the Organics Manazement Law: Adoption of this Ordinance is a relatively minor component of the Organics Management Law. This legislation sets a goal of a reducing landfilling of organic waste by 75% by 2030. To achieve this, the Organics Management Law addresses many other topics related to compost, food waste prevention, and trash hauling. In addition to encouraging compost procurement by local governments, the Law focuses on: • Updating compostable packaging specifications as well as compostable foodservice ware standards • Setting penalties and a reporting process for specific violations of the Law • Encouraging farm composting practices as well as use of compost products in farming • Establishing a statewide agency "The Center for Sustainable Food Management" promoting food waste reduction and reducing disposal of organic materials in landfills • Updating Good Samaritan Laws regarding food donation and increasing edible food diversion into feeding programs, and • Mandatory compostables collection services for businesses Mandatory compostables collections will be phased -in, starting with larger waste generators. Businesses that generate over eight cubic yards of organic material waste per week must participate in compost collection starting in 2024, with smaller waste generators following suit in 2025 and 2026 (subject to Washington Department of Ecology ruling regarding "reasonable" cost). Public Works will dedicate grant funding and outreach resources to help businesses come into compliance with the new requirements. Public Works will also determine if amendments are required to our existing solid waste and recycling services contract with Waste Management, but the current contract does establish rates for cart -based compostable collections for commercial customers. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to procurement of compost products. WHEREAS, in 2022, Washington state enacted House Bill 1799, Chapter 180, Laws of 2022 ("Organics Management Law"), which included a requirement for cities to adopt a compost procurement ordinance; and WHEREAS, use of compost products supports waste reduction and climate protection policies established in the 2019 Comprehensive Solid Waste Management Plan which was approved and adopted by the City via Resolution 19-771; and WHEREAS, the City will endeavor to procure high -quality compost products for use in City - funded projects and maintenance, as appropriate for specific project needs, and will track and report on compost procurement in accordance with the Organics Management Law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Compost Defined. For the purposes of this ordinance, unless the context clearly requires otherwise, "compost" means a product created with "composted material" as defined in RCW 70A.205.015(3). "Compost" includes, but is not limited to, one hundred percent finished compost or blends that include compost as a primary ingredient. Mulch is "compost" if it contains a minimum of sixty percent composted material. Section 2. Planning and Use Requirements. Before issuance of a solicitation for bids or proposals for partially or fully government -funded projects, the City shall identify whether compost can be utilized. In the event that compost can be utilized, the City shall specify purchase of compost Ordinance No. 22-. Page 1 of 5 for use in the project. The City shall plan for the use of compost in any of the following categories that are applicable to the City's operations and respective project types: 1. Landscaping projects; 2. Construction and postconstruction soil amendments; 3. Applications to prevent erosion, filter stormwater runoff, promote vegetative growth, or improve the stability and longevity of roadways; and 4. Low -impact development and green infrastructure to filter pollutants or keep water onsite or both. Section 3. Exceptions. The City is not required to use compost products if: 1. Compost products are not available within a reasonable time; 2. Compost products that are available do not comply with existing purchasing standards; 3. Compost products that are available do not comply with federal, state, or local health, quality, and safety standards, and/or cannot be guaranteed or warrantied by the producer to be free of weeds and/or weed seed; or 4. Compost purchase prices are not reasonable or competitive. Section 4. Purchasing Priority. Departments shall give priority to purchasing compost products from companies that: 1. Produce compost products locally; 2. Are certified by the United States Composting Council or an equivalent nationally recognized organization; and Ordinance No. 22- Page 2 of 5 3. Produce compost products that are derived from municipal solid waste compost programs and meet quality standards comparable to standards adopted by the Washington State Department of Transportation or adopted by rule by the Washington State Department of Ecology. Section 5. Reporting. City Departments that use compost shall report the following information to the Public Works Director or designee by December 1 of each year: 1. The volume and cost of compost purchased by that Department in that year; and 2. The source or sources of the compost purchased by that Department in that year. The Public Works Department is responsible for compiling and submitting a report to the Washington State Department of Ecology by December 31, 2024, and each December 31 of even - numbered years thereafter, with the following information: 1. The total tons of organic material diverted each year; 2. The volume and cost of compost purchased in that reporting period by the City; and 3. The source or sources of the compost purchased by the City pursuant to this Ordinance in that reporting period. Section 6. Education. The Public Works Department shall develop strategies to inform residents about the value of compost and how compost is used in City operations. These strategies shall align with regional outreach programs included in the Comprehensive Solid Waste Management Plan. Section 7. Seyerabiliiy. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way Ordinance No. 22- Page 3 of 5 hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY Ordinance No. 22- Page 4 of 5 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 22- Page 5 of 5 COUNCIL MEETING DATE: January 3, 2023 ITEM #: 10d- .... ... .. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 8.43 WEIGHT AND LOAD REGULATIONS POLICY QUESTION: Should an ordinance be adopted amending Federal Way Revised Code Chapter 8.40.030 and adding new Chapter 8.43 establishing weight and load restrictions within the city? COMMITTEE: LUTC MEETING DATE: December 5, 2022 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cole Elliott, P.E., Development Services DEPT: Public Works Manager Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMEND. ION: Option 1. MAYOR APPROVAL: Coma tce 4 Initial/Date DIRECTOR APPROVAL: � lt y— C lnitial/Dote COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 3, 2023. J� Co mitte Chair-e'm`M'itte6 Member Committe&Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE JANI .AR1 3, 2023: "I move to forward the proposed ordinance to the January 17, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE JANUARY 17, 2023: "I move approval of the proposed ordinance. " (BELOW TO BECOMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED TABLED/DEFERRED/NO ACTION MOVED TO SECOND READING (ordinances only) COUNCIL BILL # First reading Enactment reading ORDINANCE # REVISED— 11/2019 RESOLUTION # 01-b3-2o23 CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Cole Elliott, P.E., Development Services SUBJECT: Ordinance 8.43 Weight and Load Regulations Financial Impacts: The revenue to the City for Ordinance 8.43 Weight and Load Regulations will be an annually adjusted right-of-way permit fee and will be credited to the Public Works, budget line 101. Background Information: The City has experienced a marked increase in the daily travel of oversized and overweight vehicle loads over recent years. Many of these loads do not travel on the City's designated truck routes which increases the wear and damage upon those streets. In an effort to work cooperatively with the haulers to minimize the wear and damage upon City streets and infrastructure, to assess the risk, to determine any damage and to establish the legally responsible party the Ordinance is proposed. Currently, the Federal Way Revised Code (FWRC) does not detail the mechanism for obtaining a special oversized or overweight load permit and does not provide an enforcement provision for failure to obtain a permit. Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Weight and Load Regulations; amending FWRC 8.40.030 Designated vehicle routes; and adding a new Chapter 8.43 FWRC, Weight and Load Regulations, including sections 8.43.010, 8.43.020, and 8.43.030. (Amending Ordinance Nos. 00-365, 91-103, and Resolution No. 09-539). WHEREAS under Chapter 8.40 of Federal Way Revised Code ("FWRC"), the City of Federal Way ("City") has designated certain truck haul routes within the City, and restricted all other streets within the City to allow only vehicles under 30,000 pounds gross weight, with certain exceptions for local deliveries; and WHEREAS the City has experienced a marked increase in the daily travel of oversized and overweight vehicle loads over recent years; and WHEREAS many of these oversized and overweight vehicle loads do not travel along the City's designated truck haul routes; and WHEREAS the City desires to minimize the wear and damage upon the City streets and infrastructure by haulers planning and assessing proposed routes; and WHEREAS the City desires to work cooperatively with haulers and assess risk and damage upon the legally responsible party; and WHEREAS under Chapter 46.44 RCW, cities are authorized, with respect to public highways under their jurisdiction, to require and authorize a special permit for operation of vehicles exceeding the statutory size, weight, and/or load maximums established in said chapter; and WHEREAS the FWRC does not currently detail the mechanism for obtaining such a special permit, or the associated provisions, standards, and enforcement with respect to such special permit; Ordinance No. 22- Page 1 of 5 "T:1 WHEREAS the City desires to explicitly codify the special permit requirement and all associated provisions, standards, and enforcement, in order to provide clarity to regulated haulers and to improve permitting consistency and efficiency. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 8.40.030 is hereby amended as follows: (1) The public works director shall erect, or cause to be erected and maintained, signs designating the following public highway, streets and thoroughfares within the city as vehicle routes for all vehicles rated in excess of 30,000 pounds gross weight (gw) as defined by RCW 46.16.111, which is adopted by this reference: (a) State Route 5, Interstate Highway 5; (b) State Route 18, State Route 99 to State Route 5; (c) State Route 99, Pacific Highway South; (d) State Route 161, Enchanted Parkway; (e) State Route 509, Dash Point Road; (f) South 320th Street, State Route 99 to State Route 5; (g) 16th Avenue South, State Route 99 to State Route 18; (h) Milton Road South, State Route 161 to South 369th Street; (i) South 356th Street, State Route 99 to State Route 161. (2) All other streets within the limits of the city shall be restricted to allow only vehicles rated under 30,000 pounds gross weight, except as provided for in FWRC 8.40.040. or as authorized by special Ordinance No. 22- Page 2 of 5 permit under Chapter 8.43 FWRC. Section 2. Chapter 8.43, Weight and Load Regulations, of the Federal Way Revised Code is hereby added to Title 8, Traffic and Vehicles, to read as follows: 8.43.010 Purpose. The purpose of this cha after is to establish a special permit requirement pursuant to RCW 46.44.090 for oversized or overweight loads in the City. with associated provisions, standards, and enforcement. 8.43.020 Special permits for oversize or overweiLyht movements. (1) Pei-mit required. No vehicle of a size, weight, or load exceeding the restrictions set forth in RCW 46.44.020, 46.44.030, 46.44.034, or 46.44.041. as the same now exist or may hereafter be amended. may operate or move upon city streets without a special permit as provided in this section. In addition, and clot by way of limitation, no vehicle rated in excess of 30,000 pounds gxoss weight may operate or move upon city streets without a special permit as provided in this section unless such vehicle is operating and movie exclusively on designated truck routes pursuant to FWRC 8.40.030(l), or is exempt from the designated truck route restriction under FWRC 8.40.040(D (2) Application. issuance. compliance. The public works director. may, upon written application. issue a special permit electronically or in writing authorizing the applicant tooperate or move upon such city streets as the public works director deems suitable and capable of withstanding such increased load without undue injury to the street_ The applicant shall comply with all rules, regulations, terms and conditions of the special permit. (3) License required No special permit for an overweight vehicle or combination of vehicles shall be issued to any vehicle or combination of vehicles unless such vehicle or combination or vehicles is Ordinance No. 22- Page 3 of 5 licensed for the maximum grass weight allowed by law. (4) Fees. Special permit fees, including any associated route inspection fees prior to and/or after haul, shall be assessed and collected by the city as set forth in the applicable section of the current fee schedule. 5 5uspension or revocation o ermit. If the public works director determines that a vehicle or a combination of vehicles is operating in violation of the conditions of a permit issued under this chapter, the public works director may suspend or revoke the permit in writing for a period not to exceed one year. The permit holder may file a request for review of the public director's decision to suspend or revoke the permit in writing on the form provided by the city within 14 calendar days of the public works director's written notice of the suspension or revocation. The failure to timely file such a request shall constitute a final bar to later seek such review. No administrative fee will be imposed for the request, and the director of public works shall issue their determination in writing. 8.43.030 State statutes adopted. RCW 46.44.095 and RCW 46.44.105, as the same now exist or are hereinafter _amended, are adopted by reference. Section 3. Severabitity. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. 22- Page 4 of 5 Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. 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 shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 22- Page 5 of 5 COUNCIL MEETING DATE: January 3, 2023 ITEM #: 10e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: PLANNING COMMISSION CODE AMENDMENT POLICY QUESTION: Should the City Council amend Chapter 2.90 of the FWRC to allow alternates of the Planning Commission to serve as full members when needed to meet quorum requirements? COMMITTEE: Land Use & Transportation CATEGORY: ❑ Consent ❑ City Council Business STAFF REPORT BV: Keith Niven Attachments: 1. Staff Report 2. Ordinance MEETING DATE: Dec 5, 2022 ® Ordinance ❑ Public Hearing ❑ Resolution ❑ Other DEPT: CD Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDION: Option 1. MAYOR APPROVAL: Inival.Date ' / J -In DIRECTOR APPROVAL: BD 1 1/28/22 Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on 11312023 mittee Chair Jaekl als .Committee Member l-loane Tran, Committev Member PROPOSED COUNCIL MOTION(S): / FIRST READING OF ORDINANCE (1 /3/23): "1 move to forward approval of the proposed ordinance to the January 17, 2023 Council Meeting for enactment. " SECOND READING OF ORDINANCE (1/17/23): "1 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) _ COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # CKW ❑ DENIED First reading 0( -03-Zd ❑TABLEDIDEFERRED/NO ACTION Enactment reading V►IOI ED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2022 RESOLUTION 4 CITY OF FEDERAL WAY MEMORANDUM DATE: December 5, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Brian Davis, CD Director Keith Niven, Planning Manager SUBJECT: Planning Commission Code Amendment Financial Impacts: There are no costs to the City for adopting the proposed code amendments. Background Information: The proposed code amendments for the Planning Commission were initially included in the 2021 various code amendment package. Following the hearing at the Planning Commission on the 2021 proposed code amendments, the amendments relating to the Planning Commission were not forwarded to the City Council for their consideration. The reason for this action was that it was believed there would be a near -term larger effort to revise all codes relating to the City's Commissions in an attempt to render them more consistent with each other. However, that work effort has not moved forward over the past year. Because of the pending Periodic Update of the City's Comprehensive Plan as well as other time - sensitive work, it is imperative for the Planning Commission to be able to hold their meetings. Therefore, it is recommended these code amendments move ahead at this time, and any changes to render the Planning Commission code consistent with an overall revision of all codes relating to City Commission can be implemented at the time.such an overall revision occurs. Proposed Code Amendments (Purpose): The proposed amendments to Title 2 are intended to improve the ability of the Commission to be able to make quorum requirements. Procedural Summarv: The procedure followed for making this amendment is shown below: 08/31 /21: 60-day Notice of proposed changes to development regulations sent to Commerce 11/05/21: Public Notice of SEPA Decision published and posted (website) 11/05/21: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 11/17/21: Planning Commission Briefing 11/19/21: End of SEPA Comment Period 12/01/21: Public Hearing 12/10/21: End of SEPA Appeal Period 01/19/22: Public Hearing Continuation 12/5/22: December 5, 2022 1/3/23: City Council 1st Reading Rev 6/2020 December 5, 2022 Land Use and Transportation Committee Planning Commission Code Amendments Page 2 1/17/23: City Council 2nd Reading Planning Commission Recommendation: The Planning Commission conducted Public Hearings on December 1, 2021, and January 19, 2022. Following extensive public input and Commission discussion and deliberations, consistent with 19.80.240(1)(c), the Planning Commission forwarded the proposed code changes to the City Council with a recommendation for approval. Options for Decision_ After consideration of the proposal and the Mayor's recommendation regarding the proposed amendments, the Council may: 1. Adopt the ordinance; or 2. Do not adopt the ordinance and provide direction to staff. Mayor's Recommendation: Based on the recommendation from the Planning Commission, and the above analysis and decision criteria, the Mayor recommends that the proposed amendments to Title 2 FWRC relating to the Planning Commission be approved. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the City Planning Commission; amending FWRC 2.90.020, and repealing FWRC 2.90.030. (Amending Ordinance Nos. 90-43 and 96- 272) WHEREAS, the City recognizes the need to periodically modify various Titles of the Federal Way Revised Code ("FWRC") in order to conform to state and federal law, codify administrative practices, clarify and update regulations as deemed necessary, and improve the operation of City processes; and WHEREAS, the City has established a Planning Commission pursuant to Chapter 2.90 FWRC, and consistent with Chapter 35.63 RCW; and WHEREAS, the jurisdiction, powers and authority of the Planning Commission are established in Chapter 19.80 FWRC; and WHEREAS, the Planning Commission's ability to meet quorum requirements is important to the performance of its duties, including the efficient review of certain planning activities; and WHEREAS, this ordinance, contains amendments to the Planning Commission membership designed to facilitate the Planning Commission's ability to meet quorum requirements and therefore improve meeting predictability and overall commission efficiency; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on this code amendment on December 1, 2021, and January 19, 2022; and thereafter forwarded a recommendation of approval to the City Council; and Ordinance No. 23- Page I of 4 WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered this code amendment on December 5, 2022, and recommended adoption of the code amendment as recommended by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. 2.90.020 FWRC is hereby amended to read as follows: 2.90.020 Membership and Appointment. ( 1) The planning commission shall consist of up to seven members and three alternate members appointed by the city council. An alternate member mqy serve as a full member of the planning commission to meet quorum requirements for voting holding a meeting. or holding a hearing_ 2 The planning commission shall serve without compensation. Q) Each member and alternate member shall _serve a term of four years. The city council shall annually appoint new members to fill the expiring terms on the planning commission. If, for any reason, a vacancy occurs during the term of a planning commission member or alternate member, the city council shall appoint a new member or alternate member to fill the unexpired term. The city council may remove a planning commission member or alternate member at any_ time if the city council detennines that member or alternate member is not ffilfilling his or her responsibilities to the satisfaction of city council, Ordinance No. 23- Page 2 of 4 (4) All members and alternate members of the planning commission maybe reappointed as many consecutive times as cily council deems appropriate and may serve until their successors are duly appointed by city council. (5) Persons appointed to serve on the planning commission shall reside within the incorporated city limits, and have an interest in land use and planning issues and a commitment to the planned development of the community. Section 2. FWRC 2.90.030 is hereby repealed in its entirety. Section 3. Severability. 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 any other persons or circumstances. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. 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 shall be effective thirty (30) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 2023. Ordinance No. 23- Page 3 of 4 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 4 of 4 COUNCIL MEETING DATE: January 3, 2023 ITEM #:—nf CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: CREATION OF A HUMAN RESOURCES DEPARTMENT POLICY QUESTION: Should the City Council create a Human Resources Department as recommended by the Mayor? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian Davis. City Administrator DEPT: Mayor's Office Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A DIRECTOR APPROVAL: Committee Uaunc Initial/Date Initial/Date Initial/ ate COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (JAN 3): "J move to forward the proposed ordinance to the January 17, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (JAN 17): "1 move approval of the proposed ordinance. (BELOW TO BE COMPLETED B Y CITY CLERK'S OFFICE) COUNCIL ACTION: n ❑ APPROVED COUNCIL BILL # -_If I � �„ ❑ DENIED First reading 01- ,b-nZ13 ❑/ TABLED/DEFERRED/NO ACTION Enactment reading iB SIOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # j CITY OF FEDERAL WAY MEMORANDUM DATE: January 3, 2023 TO: City Council VIA: Jim Ferrell, Mayor FROM: Brian Davis, City Administrator SUBJECT: Creation of a Human Resources Department Currently, the Human Resources Division is responsible for the recruitment and selection of job candidates, employee and labor relations including contract negotiations, classification and compensation, employee recognition and reward, employee benefits, insurance administration and retirement plans, training and development, investigations and discipline, worker's compensation, unemployment, leave and disability, and safety and wellness, in accordance and compliance with state and federal law. Additionally, salary and benefits for the Human Resources Manager is based on the recent compensation study with comparable cities that have human resources departments. Mayor Ferrell therefore recommends the creation of a human resources department. The Human Resources Manager would become the Human Resources Director -- upon Council confirmation -- but with no change in compensation. Effectively, the Human Resources Division would become the Human Resources Department with no budgetary impact. Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to the creation of a Human Resources Department; amending FWRC 2.11.040; and adding new section 2.18 to Title 2. (Amending Ordinance Nos. 14-766 and 10-666). WHEREAS, the Mayor has recommended, and the City Council concurs, that the City should establish a Human Resources Department; and WHEREAS, the Federal Way Revised Code should be modified to reflect this change; and WHEREAS, the City Council seeks to define the functions of this new department and the qualifications of its director. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 2.11.040 is hereby amended to read as follows: 2.11.040 Other divisions. The mayor's office shall oversee the following divisions: hufnan feseufees and emergency management services. Section 2. Title 2 of the Federal Way Revised Code is hereby amended to add a new Chapter 2.18 to read as follows: 2.18.010 Creation of department There is hereby created a city department known as the human resources department. The department shall provide and manage the development and administration of comprehensive human resources programs and services. 2.18.020 Human resources director — Anpointment and confirmation. Ordinance No. 23- Page 1 of 3 Rev 2/19 There is hereby created the position of human resources director. The human resources director shall be appointed by the mayor, subject to confirmation by a majority of the city council. 2.18.030 Human resources director — Duties. The human resources director shall plan, organize, and direct the citywide comprehensive human resource programs, services, policies and procedures. Including, but not limited to. recruitment and selection, employee and labor relations, classification and compensation, employee recognition and reward, employee benefits, health and life insurance administration and retirement plans, training and development, investigations and discipline, worker's compensation, unemployment, leave and disability, and safety and wellness. in accordance and compliance with state and federal law. 2.18.040 Human resources director — Oualiftcations. The human resources director shall have any combination of education and experience equivalent to a bachelor's degree in human resources or related field, along with increasingly responsible relevant management experience, including significant experience managing human resource: programs, services, and staff. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. 23- Page 2 of 3 Rev 2/19 Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. 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 shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of January, 2023. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 3 of 3 Rev 2/19