02-07-2023 Council Packet - RegularCITY OF
�. Fe deral Way
Centered on Opportunity
CITY COUNCIL
REGULAR MEETING AGENDA
City Hall — Council Chambers*
February 7, 2023 — 6:30 p.m.
CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. MAYOR'S EMERGING ISSUES AND REPORT
• State of the City Address at the Performing Arts & Event Center — Thursday, February 16,
doors open at 5:30 p.m.
• City Council Annual Retreat Report (1/21)
• Testimony on HB1363, regarding police pursuits (2/1)
• Recent Events: Kiwanis presentation (1/18), St. Vincent de Paul School `Read Aloud Day'
with 4t" graders (1 /31); Federal Way Memorial Field Groundbreaking Ceremony (2/1);
Multi -Service Center Groundbreaking & Commencement Ceremony for Silver Shadows
Apartments (2/1); Gun Buy -Back Program (2/4).
4. 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.
5. PRESENTATIONS
a. Proclamation: Black History Month — February 2023
6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS
• Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)
• Land Use/Transportation Committee (LUTC)
• Finance, Economic Development Regional Affairs Committee (FEDRAC)
• Lodging Tax Advisory Committee (LTAC)
• Deputy Mayor & Regional Committees Report
• Council President Report
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
7. 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 17, 2023 Regular Meeting; January 21, 2023 Council Retreat
Summary
8. COUNCIL BUSINESS
a. Assessment Lien for Abatement at 30601 1 -1 Place SW
b. Purchase of a New Drum Mulcher Head for SWM
c. Purchase of a New Truck and Trailer for the Shopping Cart Program
d. Authorization to ADDIV for Port of Seattle Grant
9. ORDINANCES
Second Reading/Enactment
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.)
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).
10. COUNCIL REPORTS
11. EXECUTIVE SESSION
• Property Acquisition Pursuant to RCW 42.30.110(1)(b)
• Pending/Potential Litigation Pursuant to RCW 42.30.110(1)(i)
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.citvoffederalway.com.
*Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163
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Federal Way
PROCLAMATION
"Black History Month"
WHEREAS, the first Black History Month was celebrated in 1926 and serves to acknowledge
the fullness of African American history and cu'[ture; and
WHEREAS, Black History Month honors the valuable and lasting contributions of African
Americans to our community, state, and nation, with exceptional success in all aspects of
society including business, education, politics, science, sport, community organizing, and the
arts; and
WHEREAS, throughout history, African Americans and people of African descent have
demonstrated profound moral courage and resilience through the ongoing struggle for
equality and opportunity; and
WHEREAS, all Americans should reflect and seek to increase knowledge and insight
regarding the issues of diversity, equity, and inclusion; and
WHEREAS, the Association for the Study of African American Life and History (ASAALH)
has selected "Black Resistance" as the theme for Black History Month 2023; and
WHEREAS, all Americans should continue to crusade for the elimination of barriers to
equality, racial discrimination, injustice, and generational poverty; and
WHEREAS, the City of Federal Way believes in the equality of all people and supports efforts
towards a more equitable society in effort to live up to the creed of our nation, that we are all
created equal; and
WHEREAS, equality is not sameness, it is equivalent value; and
NOW, THEREFORE, we the undersigned Mayor and City Council of the City of Federal
Way, do hereby proclaim February 2023 as Black History. Month in the City of Federal Way,
and encourage the people of our city to join together to support African -American owned
businesses, expand knowledge and understanding of equality, and celebrate the enduring and
rich history of African Americans.
SIGNED, this 7th day of February, 2023.
FEDERAL TVA YAL41 GRAND CITYCOU UL
'i,F,r4re11/MTyc5r Lipda Kochmar, Council President
sus n Han I
a, Deputy Mayor Ly i Assefa-aawso ilmember
Efira,k6 n, Councilmm r Hoang V. Tran, Councilmember
1 t alsh, Councilmember Vovey, Co calm mher
COUNCIL MEETING DATE: January 17, 2023 ITEM # 74:!
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should the City Council approve the draft minutes for the January 17, 2023 Regular and
January 21 Council Retreat Summary Minutes?
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 17, 2023 Regular Meeting Draft Minutes
January 21, 2023 Council Retreat Summary Minutes
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL:
Committee Council Ini[ia I/Date
Initial/Date 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 BYCITYCLERK'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
CITY COUNCIL
REGULAR MEETING MINUTES
City Hall — Council Chambers*
January 17, 2023 — 6:30 p.m.
CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 6:32 p.m.
2 4
City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor
Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton,
Councilmember Hoang Tran, Councilmember Jack Dovey, and Councilmember Jack Walsh.
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. CEREMONIAL SWEARING -IN
• Promotional Swearing -In of Lt. Jeffrey Mundell
Chief Hwang introduced Lt. Mundell and his family, and shared his background with
the department and prior military service. Chief Hwang noted the department is lucky
to have him and he was please to make this promotion. Mayor Ferrell administered
the Oath of Office and congratulated Lt. Mundell.
4. MAYOR'S EMERGING ISSUES AND REPORT
Update on Stevenson Motel
City Administrator Brian Davis noted in response to House Bill 1220, the city enacted
licensing regulations for permanent supportive housing and emergency shelters which
follows a Land Use Process III. The city recently received an application from Catholic
Community Services for temporary use of the Stevenson Motel for emergency shelter with
22 rooms. He overviewed the list of limitations and requirements for licensing
Council asked clarifying questions regarding the exclusion of private schools and daycares
from the required 1000-foot buffer from a shelter location. Administrator Davis stated the
city is unable to include so many limitations that it becomes a de facto ban.
Council also requested updated information on the Red Lion Shelter project. Mayor Ferrell
Federal Way City Council Regular Minutes Page 1 of 10
January 17, 2023
noted the King County Red Lion shelter has stalled; Administrator Davis confirmed the city
has not yet received an application for a permit.
Update on Shopping Cart Ordinance
City Administrator Brian Davis provided an update on the preliminary procedures set up for
processing shopping cart violations with the Police Department and Code Compliance
Officers. He outlined the process which documents the specific items to be stored at an
offsite facility. Individuals are notified the city will not store items of value including cash,
medication, jewelry or electronic devices. A Notice of Infraction (NOI) will be issued which
is then used to claim the belongings within 60-days.
He outlined safety measures enacted to protect staff and acknowledged this is an ongoing
conversation are expected to evolve and expand as the program moves forward; he also
provided a list of supplies which have been ordered.
Council thanked Administrator Davis for the report and asked questions relating to staffing
levels, the storage facility location, and if direct notification has been sent to retailers
regarding these new regulations.
State of the City Address
Mayor Ferrell noted his annual State of the City Address will be held at the Performing Arts
& Event Center on Thursday, February 16; doors open at 5:30 p.m. He is pleased this event
is returning to in -person for the first time since 2020.
City Council Annual Retreat
Mayor Ferrell stated the Council will be holding their annual retreat at Dumas Bay Centre
on Saturday, January 21; doors open at 8:00 a.m. The topic of the meeting will largely be
centered on downtown redevelopment. Citizens are encouraged to attend.
Recent Events in the Community
Mayor Ferrell reported on his recent address to the Chamber of Commerce on January 4;
and the successful MLK Jr. Community Event and Food Drive held at the Performing Arts
and Event Center on January 14.
Mayor Ferrell invited Diversity Commission Chair Trenise Rogers and Diversity
Commissioners to provide a report on the event; he believes this was the most well -
attended Martin Luther King Jr. event to date.
Diversity Commission Chair Rogers publicly thanked DEI Coordinator Kia McGlone for all
her work with the commission and specifically for her tremendous work on bringing this
event to life. Ms. McGlone was proud and thankful for the event; Councilmembers also
thanked Ms. McGlone for her work on this impactful event.
Recognition of FUSION Cold Weather Shelter
Mayor Ferrell acknowledged FUSION for their activation of the cold weather shelter which
served many unhoused individuals. Community Services Manager Sarah Bridgeford
introduced FUSION Program Manager and Housing and Employment Case Manager who
were pleased to serve the community and are thankful for the partnership with the city. Ms.
Federal Way City Council Regular Minutes Page 2 of 10
January 17, 2023
Bridgeford also thanked FUSION CEO David Harrison and city staff Patti Spaulding-Klewin
for their work and coordination.
5. PUBLIC COMMENT
Ken Blevens advocated for more drug addiction facilities, stating that this would help to remedy
the homelessness issue.
Cheryl Hurst addressed the joint operations facility for parks and public works, stating that they
deserve a new facility but questioned if there is anywhere else besides the Steel Lake Annex.
She also noted that homelessness and drug addiction is a regional problem urged the city to
work with surrounding cities to create a program to help these issues.
Lana Bostic thanked the Mayor and Police Chief Hwang for the February 4 Gun Buy -Back
Event. She also provided an update on the Senior Commission's essential item drive that
supported Avalon Care Center this past year, and was very thankful for and complementary of
the MILK Jr. Day Event.
Geoffrey Tancredi has been using the SeeClickFix app to report encampments, graffiti and
other issues to the City sharing his desire for a clean city.
Anna Patrick shared about some of the struggles that businesses are facing within the City and
asked for increased direction for businesses on when to call 911.
Craig Patrick promoted the upcoming St. Patrick's Day holiday and the St. Vincent's Fish Fry.
He also addressed homelessness and asked if there is a limit to the number of shelters allowed
in Federal Way.
Roxy Sleeper raised awareness of an international organization that partners with US
government in the areas of global land use, population and climate.
Susan Strong thanked the Council for the shopping cart ordinance and expressed concern
about the increasing number of carts at the Day Center.
Betty Tavlor shared about the recent Open Public Meetings Act (OPMA) training that she
attended as a part of the Human Services Commission. She critiqued the way the information
was presented.
7rzah Idahosa expressed a desire to see money allocated to prevention programs instead of
used to punish people who are homeless and drug addicted. She said people are going to jail
for crimes of poverty but crime is different than being poor.
Suzanne Vargo shared that according to a grant that was provided to help develop Steel Lake,
the City is prevented from changing the Steel Lake Annex to an operations facility. She shared
additional details laid out in the grant agreement.
City Administrator, Brian Davis, provided an update on the status of the Operations and
Maintenance Facility. The council approved a due diligence phase of studying the property,
this includes looking at all deed restrictions to determine if the location is feasible. The
analysis should be completed late spring or early summer.
Federal Way City Council Regular Minutes Page 3 of 10
January 17, 2023
6. PRESENTATIONS
a. Legislative Update
City Administrator Brian Davis provided a brief update on State and Federal Legislative
Priorities which include public safety, transportation, and housing. He reported the city
meets regularly with the federal lobbyist and provided more specific information regarding
Senate and House hearings.
Council thanked Administrator Davis for the update, and requested information on
opportunities to provide testimony at state hearings.
7. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)
Councilmember Walsh noted the Committee met January 10 and forwarded items to this
Council Meeting for final approval; the next meeting will be February 14.
Land Use/Transportation Committee (LUTC) — Councilmember Dovey noted the
upcoming LUTC meeting will be February 6 where topics of interest will include signs and
park impact fees.
Finance, Economic Development Regional Affairs Committee (FEDRAC) —
Councilmember Tran noted the Committee did not meet in December and the next meeting
would be January 24 at 5:00 p.m. in Council Chambers.
Lodging Tax Advisory Committee (LTAC) — Councilmember Assefa-Dawson reported on
a successful meeting with the new Economic Development Director. The next meeting will
be February 8 at 10:00 a.m. She further provided a regional update on the Highline Forum
which will be hosted at City Hall on January 25.
Deputy Mayor & Regional Committees Report — Deputy Mayor Honda provided an
update on various regional meetings she participated in including the PIC meeting where
King County Regional Homelessness Authority 5-year plan was discussed. She reported
on attending the South County Area Transportation Board meeting and noted AWC Action
dates are approaching in February.
Council President Report- Council President Kochmar asked for a report from the Day
Center on their activities and programs. She reported on a community request to create
more programs and activities for teens in the city. She reported on ongoing positive
conversations with the School Board.
8. CONSENT AGENDA
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 Kay Catering — New Contract Catering Services
Federal Way City Council Regular Minutes Page 4 of 10
January 17, 2023
f. RESOLUTION: Authorizing the Allocation of Funds in Accordance with the 2022 South
King Housing and Homelessness Partners (SKHHP) Housing Capital
Fund/APPROVED RESOLUTION NO. 23-836
g s 9 ReaFeatmen r.,.,..mis-i-n 0023 o., 1-al ► erk Plan —pulled and approved
separately
h. Diversity Commission 2023 Annual Work Plan —pulled and addressed separately
Deputy Mayor Honda pulled item g/Parks & Recreation Commission 2023 Annual Work Plan.
Councilmember Walsh pulled item h/Diversity Commission 2023 Annual Work Plan.
COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A
THROUGH F; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed
unanimously as follows:
Council President Kochmar yes Councilmember Tran yes
Deputy Mayor Honda yes Councilmember Walsh yes
CouncilmemberAssefa-Dawson yes Councilmember Dovey yes
Councilmember Norton yes
(Pulled item) g/Parks & Recreation Commission 2023 Annual Work Plan:
Deputy Mayor Honda was pleased to see Master Plans included for both Brooklake and Steel Lake
properties; her desire is to bring attention to and actively save historical properties. Parks Director
Hutton will keep Council updated on progress.
DEPUTY MAYOR HONDA MOVED APPROVAL OF PARKS AND RECREATION COMMISSION
2023 ANNUAL WORK PLAN; COUNCIL PRESIDENT KOCHMAR SECOND. The motion passed
unanimously as follows:
Council President Kochmar yes Councilmember Tran yes
Deputy Mayor Honda yes Councilmember Walsh yes
CouncilmemberAssefa-Dawson yes Councilmember Dovey yes
Councilmember Norton yes
(Pulled item) h/Diversity Commission 2023 Annual Work Plan:
Councilmember Walsh thanked the Diversity Commission for the work plan and requested timelines
be added to the plan similar to other Commission plans. He suggested it go back to the Commission
to add those specifics. Councilmembers referenced a similar conversation at the Committee meeting
and the desire to be consistent and standardize the Commissions.
COUNCILMEMBER WALSH MOVED TO SEND THE DIVERSITY COMMISSION WORK PLAN
BACK TO THE COMMISSOIN TO PROVIDE A TIMELINE; COUNCILMEMBER DOVEY SECOND.
The motion passed unanimously as follows:
Council President Kochmar yes
Deputy Mayor Honda yes
CouncilmemberAssefa-Dawson yes
Councilmember Norton yes
Councilmember Tran yes
Councilmember Walsh yes
Councilmember Dovey yes
Federal Way City Council Regular Minutes
January 17, 2023
Page 5 of 10
9. COUNCIL BUSINESS
a. Discussion on AWC Housing Solutions Workgroup Recommendations
Community Development Director Keith Niven provided information on the stated goals of
the AWC Housing Solutions Workgroup (HSW). He provided further detail into four of the
recommendations that he believes could impact the city the greatest. These include:
• No maximum density allowed within a half mile walking distance of rapid transit, if
20% of units are affordable at 80% of area median income (AMI) or below for fifty
years;
• 75% of residential lots must allow at least three units per lot;
• Individual lots can be excluded with a documented finding of an infrastructure
deficiency; and
• Support of changes to the state building code to facilitate middle housing.
Councilmembers shared concern for regulations which would strip cities of the ability to
retain or create any unique characteristics or ability to control their own development
standards. Councilmember Assefa-Dawson shared her concern that setting the threshold
at 80% AMI is serving those that could possibly afford homeownership and not 30% or 60%
AMI.
Councilmembers continued to discuss and ask questions of Director Niven and shared
concern regarding possible further state action of local mandates. Mayor Ferrell agreed and
will contact the city lobbyist to connect with the state delegation. Councilmembers noted
many neighboring jurisdictions are equally concerned and requested a representative from
the -HSW attend an upcoming LUTC meeting to provide further information.
Councilmembers supported preparing a letter of concern to AWC and reemphasize support
for local control. City Attorney Ryan Call cautioned against serial decision -making where
each Councilmember individually reviews and provides input to a collective letter. Mayor
Ferrell offered to send a letter on the Council's behalf and outline the- concerns stated at
this meeting.
COUNCIL PRESIDENT KOCHMAR MOVED TO AUTHORIZE THE MAYOR SEND A LETTER ON
BEHALF OF THE COUNCIL TO AWC IN ACCORDANCE WITH THE CONCERNS STATED AT
THIS MEETING; COUNCILMEMBER WALSH SECOND. The motion passed unanimously as follows:
Council President Kochmar
yes Councilmember Tran yes
Deputy Mayor Honda
yes Councilmember Walsh yes
Councilmember Assefa-Dawson
yes Councilmemberpovey yes
Councilmember Norton
yes
b. Confirmation of City Council Executive Assistant
DEPUTY MAYOR HONDA MOVED TO CONFIRM AMY GLANDON AS CITY COUNCIL
EXECUTIVE ASSISTANT; SECOND BY COUNCILMEMBER NORTON. The motion passed
unanimously as follows:
Council President Kochmar yes Councilmember Tran yes
Deputy Mayor Honda yes Councilmember Walsh yes
CouncilmemberAssefa-Dawson yes Councilmember Dovey yes
Councilmember Norton yes
Federal Way City Council Regular Minutes Page 6 of 10
January 17, 2023
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.)
Associate Planner Natalie Kamieniecki provided a presentation outlining various
code amendments. Planning Commission held a public hearing on November 22,
2022 and all items were forwarded to the Land Use Transportation Committee on
January 9, 2023. She noted the comment and appeal period have passed; no
appeals were filed.
The following issues are addressed in this update: application submittal
requirements for boundary line adjustments; hearing notice requirements; Process
VI council rezone criteria; affordable housing definitions; Community Design
Guidelines; structures and improvements; off-street parking minimums; wetland
review; and correction to multi -family zone chart heading.
Council thanked Ms. Kamieniecki for the report. No public comment was provided.
City Clerk Stephanie Courtney read ordinance title into the record.
COUNCILMEMBER DOVEY MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
FEBRUARY 7, 2023 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND
BY COUNCILMEMBER WALSH The motion passed unanimously as follows:
Council President Kochmar yes Councilmember Tran yes
Deputy Mayor Honda yes Councilmember Walsh yes
CouncilmemberAssefa-Dawson yes Councilmember Dovey yes
Councilmember Norton yes
b. Council Bill #8411Creation 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).
City Administrator Brian Davis stated at the direction of the Mayor and Council, staff
brought forward an ordinance to create a City Clerk Department. 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. In addition, they provide the
link between the community and elected .officials in effort to enhance public
Federal Way City Council Regular Minutes Page 7 of 10
January 17, 2023
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.
No public comment was provided.
City Clerk Stephanie Courtney read ordinance title into the record.
COUNCIL PRESIDENT KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO
THE FEBRUARY 7, 2023 COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows:
Council President Kochmar
yes Councilmember Tran yes
Deputy Mayor Honda
yes Councilmember Walsh yes
CouncilmemberAssefa-Dawson
yes Councilmemberpovey yes
Councilmember Norton
yes
Second Reading/Enactment
a. Council Bill #835/Ordinance: Establishinq a Procurement Standard related to
Compost Products used in Government -Funded Protects and Maintenance
(per HB1799 Drganics Management Law)/APPROVED ORDINANCE NO. 23-945
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON RELATING TO
PROCUREMENT OF COMPOST PRODUCTS.
City Clerk Stephanie Courtney read ordinance title into the record_
COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND
BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows:
Council President Kochmar
yes Councilmember Tran yes
Deputy Mayor Honda
yes Councilmember Walsh yes
CouncilmemberAssefa-Dawson
yes Councilmemberpovey yes
Councilmember Norton
yes
b. Council Bill #836/Ordinance: Chapter 8.43 Establishinq Weiqht and Load
Regulations within the CiyIAPPROVED ORDINANCE NO. 23-946
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).
City Clerk Stephanie Courtney read ordinance title into the record.
COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND
BY COUNCILMEMBER WALSH. The motion passed unanimously as follows:
Council President Kochmar yes Councilmember Tran yes
Deputy Mayor Honda yes Councilmember Walsh yes
CouncilmemberAssefa-Dawson yes Councilmemberpovey yes
Councilmember Norton yes
c. Council Bill #837/Ordinance: Planninq Commission Code
Amendments/APPROVED ORDINANCE NO. 23-947
Federal Way City Council Regular Minutes Page 8 of 10
January 17, 2023
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.)
City Clerk Stephanie Courtney read ordinance title into the record.
COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND
BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows:
Council President Kochmar yes Councilmember Tran yes
Deputy Mayor Honda yes Councilmember Walsh yes
Councilmember Assefa-Dawson yes Councilmemberpovey yes
Councilmember Norton yes
d. Council Bill #839/Ordinance: Creation of a Human Resources
❑epartmen-VAPPROVED ORDINANCE NO. 23-948
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 Clerk Stephanie Courtney read ordinance title into the record.
COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE PROPOSED ORDINANCE;
SECOND BY COUNCILMEMBER ASSFA-DAWSON. The motion passed unanimously as follows:
Council President Kochmar
yes Councilmember Tran yes
Deputy Mayor Honda
yes Councilmember Walsh yes
CouncilmemberAssefa-Dawson
yes Councilmemberpovey yes
Councilmember Norton
yes
11. COUNCIL REPORTS
Councilmember Dovey promoted the Marine Hills Swim Club 60th Anniversary Celebration planned
for May noting a specific date has not yet been set. He also referenced a portion of the ordinance
approved related to the Planning Commission which allows alternate commissioners voting
opportunities in the absence of a quorum. He looks forward to this being implemented in other
commissions as well.
Councilmember Walsh shared that while he has some disagreements with the Federal Way Public
Schools, he is excited to support their Incubator Program. This program has been developed to help
students interested in becoming entrepreneurs gain experience and knowledge.
Councilmember Tran provided no report and wished everyone a happy Lunar New Year. He indicated
this celebration will take place on January 22 and is the most important celebration of the year to his
Vietnamese culture and others as well.
Councilmember Norton provided no report.
Councilmember Assefa-Dawson provided no report thanking staff and the Diversity Commission for
the Martin Luther King Junior celebration. She acknowledged the great talent shared at the event and
shared her hope for more opportunities for these talents to be shared.
Federal Way City Council Regular Minutes Page 9 of 10
January 17, 2023
Deputy Mayor Honda also thanked the Diversity Commission for their program on Saturday and
acknowledged the amount of work behind the scenes to make it a success. The Soroptimists are
hosting a food drive for the Senior Center. It is scheduled for February 4 through 27 and is the second
year as a drive-thru donation at the South King County Tool Library.
Council President Kochmar reminded all in attendance about the City Council Retreat on Saturday,
January 21 to begin at 8:00 a.m. She noted they will be discussing the future of Federal Way and
encouraged attendance.
12. ADJOURNMENT
There being nothing further on the agenda; the regular meeting was adjourned at 9:33 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Regular Minutes Page 10 of 10
January 17, 2023
CIT
vz:k�
Federal Way
CITY COUNCIL
2023 Annual Council Retreat
Special Meeting Summary
Dumas Bay Centre
January 21, 2023 — 8:30 a.m.
1. Call to Order
Mayor Ferrell called the meeting to order at 8:40 a.m.
City officials in attendance: Mayor Jim Ferrell, 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.
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. Welcome & Introductions
Mayor Ferrell, Council President Kochmar, and Deputy Mayor Honda welcomed all attendees.
Mayor Ferrell excused Councilmember Hoang Tran.
4. Review of Council Rules of Procedure
City Attorney Ryan Call led a discussion on Council Rules of Procedures. The discussion
centered on in -person attendance at City Council and Committee meetings along with small
housekeeping items. After much debate Council did not reach consensus on bringing forward
a rule modification.
5. Morning Break
The Council did not take a morning break.
Federal Way City Council Retreat Summary Page 1 of 4
January 21, 2023
6. Downtown Federal Way
a. Envisioning Downtown
Mayor Ferrell introduced Senior Planner Chaney Skadsen. Ms. Skadsen
provided insight on the changing downtown landscape and demographic from a
past of single-family homes with a centralized mall to a more urban setting with
lifestyle amenities.
Ms. Skadsen highlighted the progress and steps taken to date. She noted they
will be reviewing proposals in 2023 for what the TC3 area could become with the
desire to create an iconic destination. Council thanked Ms. Skadsen for the
presentation and her work on the Ad -Hoc Committee; they also provided
feedback on elements they would like to see in the downtown.
Mayor Ferrell noted due to Council running ahead of schedule they will likely
re -order the presentations to allow for the consultants to present after the lunch
break.
b. Catalyzing Investment
Economic Development Director Tanja Carter provided information on the
economics of downtown development including how it works, who the players
are and the timing.
She discussed with Council some of the new businesses locating in Federal
Way; Mayor Ferrell added insight on why these businesses chose Federal Way.
Ms. Carter noted she is working to build relationships with the Chamber of
Commerce and business community to better understand what we currently
have and what our visions are.
At 10:32 a.m. Mayor Ferrell announced the Council would take a brief recess. The meeting
was reconvened at 1.0:51 a.m.
7. 320th Dip Update
Public Works Director EJ Walsh provided information on the potential of dipping South
320th Street with an at grade crossing to the mall property to create a pedestrian -
friendly downtown connection. Mr. Walsh noted the consultant will be looking at the key
components and logistics including stormwater drainage issues, large powerlines, fiber,
and telephone wires which run under the north side of street. Director Walsh expects
the final report will be presented to Council in the third quarter of 2024.
Council thanked Director Walsh for the information and asked for periodic updates,
specifically if the consultant uncovers an issue which would make the dip improbable.
Councilmembers inquired about a pedestrian crossing bridge as an alternative; Mr.
Walsh noted the alternative pedestrian crossing is already incorporated into the project
scope of work.
Federal Way City Council Retreat Summary Page 2 of 4
January 21, 2023
8. Code Amendments
Community Development Director Keith Niven briefed Council on the current
challenges and future opportunities to redefine parking, minimum and maximum
density, delineating downtown, architectural standards, and view protections from the
Performing Arts and Event Center (PAEC) or the future civic plaza through code
amendments.
Council thanked Director Niven and asked clarifying questions and provided feedback
on elements they would like to see incorporated in the downtown. He provided a
possible timeline and highlighted the procedural steps and timing required for noticing
code amendments.
9. Lunch Break
At 11:56 a.m. Mayor Ferrell announced the Council would be recessing for a lunch break.
The meeting was reconvened at 12:41 p.m.
10. Downtown Federal Way - Tax Increment District
a.
TIF 101
b.
Discussion of RCW & WA Examples
c.
Proposed Tax Increment Area
d.
Increment Forecast
e.
Proposed Project List
f.
Funding Mechanics
g.
Adoption Process
h.
Questions & Answers
Nick Popenuk, President of Tiberius Solutions, provided his background and
experience with urban renewal projects and specifically with Tax Increment Districts.
He noted Tax Increment Financing (TIF) allows local governments to invest in public
infrastructure and other improvements up -front and pay for those investments later.
It is a value revenue tool that uses taxes on future gains to pay for new infrastructure
improvements.
Mr. Popenuk explained the intent of this mechanism is for the improvement to
enhance the value of existing properties which increases tax revenue and
encourages new development. He also clarified that during the time period, all
incremental real estate tax revenues above the base rate at the time the district is
established would flow into the TIF.
He outlined the steps for adoption which include setting a boundary, list of public
improvements, anticipated private development, a finance plan, and economic.and
community impacts. Examples were provided from the Port of Vancouver and the
City of Kirkland. Council thanked Mr. Popenuk for the information and asked
clarifying questions on identifying projects.
Senior Planner Chaney Skadsen led a discussion on identifying the tax increment
area. Ideally the area would include parcels most likely to redevelop in the 25-year
Federal Way City Council Retreat Summary Page 3 of 4
January 21, 2023
timeframe along with publicly owned property such as the TC3 property and Sound
Transit parcels. Council provided feedback and asked clarifying questions of Ms.
Chaney.
Community Development Director Keith Niven discussed the timing and
requirements before this process can move forward. He also noted the city will need
to determine and prioritize the list of projects.
Finance Director Steve Groom provided information on the financial considerations
of Tax Increment Financing (TIF) which is restricted to revenues for public
improvements within the identified area; agencies would continue to receive
revenues on frozen value. The TIF revenue estimate shows all agencies benefit
greatly at the end of the 25-year term. Director Groom noted the debt capacity and
budgeting the debt service is the only limiting factor. He concluded with the risk
summary and the policy questions which need to be addressed.
Council thanked staff and the consultants for the thorough presentations and asked
various questions regarding how this would affect partners such as the fire
department and if those impacts could be mitigated. Timing was also addressed to
which Director Niven noted staff is seeking Council input and direction as action
taken prior to June would allow this program to begin in 2024; after that date would
push year one to 2025.
Mayor Ferrell and Council discussed the need to get this right and consensus was
to wait until after June.
11. Afternoon Break — No afternoon break was taken.
12. 320t" Dip Update — This item was presented earlier in the meeting.
13. Code Amendments — This item was presented earlier in the meeting.
14. Closing remarks
Mayor and Council thanked staff and consultants for the informative presentations and for the
work on putting this retreat together.
15. Adjournment
There being nothing further on the agenda; the special meeting was adjourned at 2:32 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council
Federal Way City Council Retreat Summary Page 4 of 4
January 21, 2023
. . .................... 8a
COUNCIL MEETING DATE: February 07, 2023 ITEM 4:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ASSESSMENT LIEN FOR ABATEMENT AT 30601 1ST PL SW, FEDERAL WAY, WA 98023
POLICY QUESTION: Should the City Council approve staff to place an assessment lien on the property located
at 30601 1st PL SW, Federal Way, WA 98023 in the amount of $5,845.95 for abatement costs incurred during
clean-up of nuisance conditions on the property?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Christina Dunlap, Code Enforcement DEPT: Community Development
Officer
Attachments: 1. Staff Report
Options Considered:
1. Approve the proposed assessment lien on the Pelkey property in the amount of
$5,845.95.
2. Revise the amount and approve placement of assessment lien on property.
3. Do not approve proposed assessment lien on the Pelkey property and provide
direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL:
Initial/Date
COMMITTEE RECOMMENDATION: NA
DIRECTOR APPROVAL:
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed assessment lien on the Pelkey property in
the amount of $5,845.95. "
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 4
CITY OF FEDERAL WAY
MEMORANDUM
DATE: 1 / 13/2023
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Keith Niven, Community Development Director
Christina Dunlap, Code Enforcement Officer
SUBJECT: Pelkey Property Assessment Lien
FINANCIAL IMPACTS:
On October 14, 2022 the Community Development Code Compliance Division abated the
Pelkey property located at 30601 1 st PI SW. Bio Decon Solutions, LLC was selected as the
contractor for the project and the total cost incurred by the City was $5,845.95. The City
would benefit greatly in recovering the costs incurred as a result of the abatement.
BACKGROUND INFORMATION:
Shirley Pelkey's (deceased) property has a long history of documented, repeated code
violations dating back to 2017. Documented complaints included exterior junk, storage
of building materials, vehicles and equipment, generators, motors, scrap metal, lawn
equipment, trailers, pallet stacks and dilapidated structures in the back yard.
Although records show numerous attempts by the City to obtain code compliance, the
property has a cyclical history of refusal to comply with code violation orders issued. The
City has investigated and attempted to enforce city public nuisance provisions related to
unfit premises, and provisions of the Development Code, Title 13 and 19 under FWRC.
ABATEMENT:
In the most recent case, No. 22-103788, a Notice of Violation ("NOV") and Order to
Correct was filed on September 16th, 2022 for Mrs. Pelkey's property. Code enforcement
made numerous attempts to contact Mrs. Pelkey's estate to discuss long-term solutions to
keep and maintain compliance. All of the conversations unfortunately have not resulted
in any clean-up of the property.
On October 14, 2022, Bio Decon Solutions, LLC completed the abatement of Mrs.
Pelkey's property and brought it into compliance with city code. The City of Federal
Way was invoiced in the amount of $4,123.25, a copy of which is attached to this report.
Page I 1
See break down of the invoice below:
$2,450.00
Biohazard labor
$1,025.00
Dump fees
$220.00
Supplies
$50.00
Sharps Disposal
$378.25
10.1% WA Sales Tax
$4,123.25
Total Billing from Bio Decon Solutions, LLC
In addition to the above billing from Bio Decon Solutions, LLC, Mrs. Pelkey's estate
received a $1,722.70 penalty which included city administrative fees and personnel costs.
The invoice to Mrs. Pelkey's estate for the cost of abatement and the penalties totaled
$5,845.95. The City of Federal Way Finance Department sent an invoice to Mrs. Pelkey's
estate via certified mail on 11/08/2022. To date, Mrs. Pelkey's estate has made no attempt
to pay the City.
Per FWRC 1.15.080, the City may seek reimbursement for the costs of the abatement by
placing an assessment lien on the property.
It should be noted that Mrs. Pelkey's property was abated previously in April of 2020 and
October of 2021. The overall cost of both abatements was just under $31,000 and an
assessment lien was imposed upon the property.
PROCEDURE:
Pursuant to FWRC 1.15.080 4(a), a copy of the report and a notice of the time and date
when the report shall be heard by the City Council must be served on the person
responsible for payment at least five days prior to the hearing before the City Council.
The City properly served Mrs. Pelkey's estate prior to the abatement.
CITY COUNCIL ACTION:
Pursuant to FWRC 1.15.080 4(b), the City Council shall review the report and such other
information on the matter as it receives and deems relevant at the hearing. The City
Council shall confirm or revise the amounts in the report, authorize collection of that
amount or, in the case of a debt owed by a property owner, authorize placement of an
assessment lien on the property as provided herein.
MAYORS RECOMMENDATION:
Mrs. Pelkey's estate was advised prior to the abatement that an invoice would be sent for
the cleanup costs and the estate would be responsible for paying them. As mentioned
previously, Mrs. Pelkey's estate was also provided the invoice via certified mail and
given 30 days to make payment to the City. Based on the record, staff believes the
charges incurred are just, reasonable and should not be reduced. Therefore, the Mayor
recommends the City Council authorize these costs as an assessment lien against the
Page 12
properties to ensure payment through the tax system.
COUNCIL OPTIONS:
1. Approve the proposed assessment lien on the Pelkey property in the amount of
$5,845.95.
2. Revise the amount and approve placement of an assessment lien on the property.
3. Do not approve proposed assessment lien on the Pelkey property and provide
direction to staff.
PageI3
Bio Decon Solutions, LLC
Contractor # BIODEDS873KS
1907 96th Ave Ct E
Edgewood , WA 98371
(253)320-8657
www.biodeconsolutions.com
scott@biodeconsolutions.com
�nvo�ce #3061
Invoiced Date: Oct 19, 2022
Due Date: Nov 2, 2022
Status: Invoiced
Bill To
City of Federal Way
(253) 278-6441
Notes
30601 1st PI SW, Federal Way, WA
*Removal and disposal of all items and trash in the yard and under the covered driveway excluding vehicles.
Items
Unit Price
Amount
Biohazard Labor
2450.00
2450.00
Dump fees
1025.00
1025.00
Supplies
220.00
220.00
Sharps disposal
50.00
50.00
Subtotal
$
3,745.00
Taxable (10.1%)
$
3,745.00
Tax Due (10.1%)
$
378.25 ,
Total
$
4,123.25
Amount Paid
$
0.00
Amount Due
$
4,123.25,
Net 30 payment for businesses and government agencies.
COUNCIL MEETING DATE: February 7, 2023
ITEM #:
we
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Purchase of a drum mulcher head for SWM
POLICY QUESTION: Should the City Council authorize the purchase of a drum mulcher head for Surface Water
Management using funds from the Surface Water Utility — Small CIP Fund?
JK
COMMITTEE: FEDRAC MEETING DATE: 24,
CATEGORY:
'I Consent ❑ Ordinance ❑ Public Hearing
City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: EJ Walsh, PE Public Works Director` DEPT: Public Works
Attachments:
1. FEDRAC memo dated January 24, 2023
Options Considered:
1. Authorize staff to proceed with the purchase of a drum mulcher head using Surface Water Utility — Small
CIP Funds.
2. Do not authorize staff to proceed with the purchase of a drum mulcher head using Surface Water Utility
— Small CIP Funds and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
OF
MAYOR APPROVAL: C& 3 , DIRECTOR APPROVAL:
m WC nei I ial/Date
Initial ate iniliaflftto
COMMITTEE RECOMMENDATION:
mar ampeal.
w1k-
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the purchase of a drum mulcher head
using Surface Water Utility — Small CIP Funds.
(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 — 1/2022
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
January 24, 2023
TO:
FEDRAC Committee
VIA:
Jim Ferrell, Mayor
FROM:
EJ Walsh, P.E., Public Works Director
SUBJECT:
Purchase of a drum mulcher head for S M
FINANCIAL IMPACTS:
This is proposed to be purchased using funds from the Surface Water Utility — Small CIP Fund.
The proposed cost is $60,000, inclusive of taxes.
BACKGROUND:
The Surface Water Operations staff routinely clears brush and small trees from surface water facilities,
conservation properties, and other City properties as part of routine maintennace operations.
This work has been typically done using hand tools and chainsaws, which removes the growth above ground,
but not the root systems, causing the plants to grow back. In conversations with the Department of Ecology
during their inspections, as well as conversations with other cities, a common recommendation to remove
both the above ground growth and the root material is the utilization of a drum mulcher head.
This attachment is compatable with equipment that the City already owns and in discussions and
demonstration from the vendor will reduce the amount of time required for most clearing operations.
A compatable drum mulcher head is available through State Contract.
M69
COUNCIL MEETING DATE: February 7, 2023 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Purchase of a new truck and trailer for the Shopping Cart Program
POLICY QUESTION: Should the City Council authorize the purchase of a new truck and trailer for the Shopping
Cart Program using previously approved program budget funds?
ev
COMMITTEE: FEDRAC MEETING DATE:
CATEGORY:
Consent ❑ Ordinance ❑ Public Hearing
City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: EJ Walsh PE Public Works Director DEPT: Public Works
- — — _.,,_.._.._................. _ - -
Attachments:
1. FEDRAC memo dated January 24, 2023
Options Considered:
1. Authorize staff to proceed with the purchase of a new truck and trailer for the Shopping Cart program
using previously approved program budget funds.
2. Do not authorize staff to proceed with the purchase of a new truck and trailer for the Shopping Cart
program us��reviousl approved program budget funds and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: DIRECTOR APPROVAL: 2� ILi J 2.az3
mi c Cu •il Lui�alll7atc
lnitiail n[r IniEin I)at
COMMITTEE RECOMMENDATION: I
Age;'aerrer 1.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the purchase of a new truck and
trailer for the Shopping Cart program using previously approved program budget funds.
(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 — 1/2022 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: January 24, 2023
TO: FEDRAC Committee
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Director
SUBJECT: Purchase of a new truck and trailer fort the Shopping Cart Program
FINANCIAL IMPACTS:
This is proposed to be purchased using approved program budget funds within the 2023 budget.
The proposed total cost is anticipated to be $83,951.
BACKGROUND:
In 2022, the City Council authorized the creation of a Shopping Cart Program and approved a corresponding
program budget for the 2023-2024 bienium. As part of the presented program first year's budget expenses a
truck and trailer where included.
Within the approved budget documents, the program budget was summarized and the truck and trailer were
not explicitly identified. The purchasing requirements for vehicles and equipment requires specific
authorization prior to expansion of the City fleet.
The presented program budget included $73,322 for an upffitted truck and $10,629 for an upfitted trailer.
Both the truck and trailer are intended to be purchased through one of the approved Purchasing Contracts.
8d
COUNCIL MEETING DATE: February 7, 2023 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2023 PORT OF SEATTLE ANNUAL ECONOMIC DEVELOPMENT GRANT
POLICY QUESTION: Should the City Council authorize staff to apply for the 2023 Port of Seattle Economic
Development Partnership Program Grant?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Tanja Carter DEPT: Economic Development
Attachments: 1. Staff Report
2.2023 Economic Development Partnership Program City Application
Options Considered:
1. Approve the proposed application for the 2023 Port of Seattle Economic
Development Partnership Program Grant.
2. Do not approve the application.
MAYOR'S RECOMMEND ION: Option 1.
MAYOR APPROVAL: DIRECTOR APPROVAL: TC 2/1/23
om ict a it InitiaMate
Initi• i7a loitial•'Da
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed application for the 2023 Port of Seattle
Economic Development Partnership Program Grant. "
(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: February 7, 2023
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Tanja Carter, Economic Development Director
SUBJECT: 2023 Port of Seattle Annual Economic Development Grant
Financial Impacts:
The Port of Seattle Economic Development Grant is a matching grant — the cost to the City
will be $30,000 to avail of the total $60,000 grant funding available. The matching
requirement is included within the Economic Development budget for 2023 and is comprised
of $15,000 in salaries and wages, and $15,000 in consulting services. In the next budget
amendment, the $60,000 grant will need to be appropriated by Council.
Overview
The Port of Seattle Economic Development Partnership Program is a cooperative economic
development grant program to help support local and regional economic development
initiatives across King County.
How much funding is available?
Based on a per -capita calculation, King County cities (except Seattle) may each receive up to
$60,000 based on the city's population. Federal Way is eligible for $60,000. The grant
program requires Federal Way to contribute a 50 percent match of dollars / in -kind resources.
In -kind resources (i.e. staff time) can only be used for up to 25 percent of the grant award
amount. For example, a grant for $60,000 in Port funds would require the City to commit
$30,000 additionally as a combination of matching dollars and/or in -kind resources. Of that
$30,000, up to $15,000 could be applied toward the match requirement as in -kind resources.
What will the funding be used for?
The Economic Development Department plans to use the funds for the following programs:
1) Outreach A Survey
a. Business outreach to up to 500 businesses in Federal Way where participation
in a simple anonymous baseline business survey will be requested. The goal
is to analyze the survey results and subsequently provide a data driven pilot
business support program tailored to the stated business needs.
b. Additionally, repeating the same survey annually will highlight any
changes/improvements in the business climate year over year; which provides
a better picture of business growth and resiliency.
Rev. 7/18
2) Business Retention Resiliency .Pilot Prograns
a. The intention of the survey is to understand the most common and immediate
business needs. The balance of funds will be used to execute a small business
retention pilot program to be determined based on the survey results analysis.
How long does the grant program run?
The program will begin after the City signs the grant contract with the Port of Seattle and run
approximately nine months.
Rev. 7/18
Port
of Seattle
Port of Seattle
Century Agenda
2023 Economic Development Partnership Program
City Application
City: City of Federal Way
Federal Tax Number: 91-1462550
Contact Name:
Tanja Carter
Title:
Economic Development Director
Telephone:
206-445-2706
Email:
tanja.carter@cityoffederalway.com
Address:
33325 8th Ave S
City, State, Zip:
Federal Way, WA 98003
Alternate Contact:
Anna Lieck
Alternate Telephone:
253-835-2601
Alternate Email:
anna.lieck@cityoffederalway.com
Declaration: 1 HEREBY CERTIFY THAT THE INF RMAT1O GIVEN /N THIS APPLICATION
TO THE PORT OF SEATTLE IS TRUE AND ACart
;r,
T E EST OF MY KNOWLEDGE.
Signature of Responsible Official: Print or Type Name and Title: Taonomic Development Director
Date: 1 /31 /23
Deadline: The orouram application must be submitted electronically to the Port of Seattle h
Friday. February 17. 2023 by 3:00 pm. Please submit a Microsoft Word copy and PDF copy of the
application to: e-submittals- urch ortseattle.or
Page 1 of 4
Program Application — 2023 Port of Seattle Economic Development Partnership Program
Project Description and Budget
1. Project Description and Need: Summarize the project(s) you plan to implement and explain
how project(s) address COVID-19 economic issues in your city. Include a brief description of
the project goal(s) and summary of COVID-19 economic impacts being addressed.
This project will further several economic recovery goals the City of Federal Way
("City") has while supporting business retention, expansion and recovery efforts:
PROJECT 1: OUTREACH & SURVEY
• During COVID-19 outreach, it came to light that business contact data in many
cases is inaccurate or contacts are out of date. This made it difficult to reliably
contact and inform businesses of COVID-19 resources. Future outreach is
also necessary for various City driven projects to inform businesses of any
related issues; which is valuable to minimize impacts to normal business.
• In addition, connecting with businesses will enable the City to anonymously
survey business sentiment as a baseline this year and use this feedback as
reference in future business sentiment surveys.
2. PROJECT 2: BRE PILOT
• Finally, the remaining grant funding after outreach will be used to implement
a small pilot program identified during the outreach as being valuable for
business retention & expansion (BRE).
2. Project Scope of Work: Outline project title or components, project start and end dates,
project goals, project deliverables, and metrics (measurable outcomes) using the table
below.
The focus of this year's grant application is to support the development of a Federal Way
Business Retention, Expansion & Recovery Program (BRE).
The BRE program has three goals:
1. To build a business contact list,
2. To anonymously survey these businesses on retention & recovery needs,
3. To connect businesses with customers/services/resources to support business recovery
and resiliency.
The BRE Program scope of work will include some or all of the following:
1. Project 1: Outreach & survey
The City will identify up to 500 licensed businesses in Federal Way to conduct
an anonymous three question outreach survey. The City will identify a regional
call center specialized in this type of outreach. The call center should prioritize
hiring employees with a mobility or physical disability, veterans or similar. The
goal is to repeat the anonymous survey annually to measure business sentiment
within the city.
2. Project 2: BRE Pilot Program
Page 2 of 4
Program Application — 2023 Port of Seattle Economic Development Partnership Program
• The responses of businesses will be analyzed and a small pilot BRE program
will be launched as a result of the business feedback received. The program
will be monitored, analyzed and updated/upgraded based on the metrics
observed.
Deliverables for this project will be:
1. Development of a BRE pilot program to address identified business
needs. This could include but is not limited to workforce development,
business financing, marketing support or technical assistance
programs.
2. Continued updating and development of up to date business information
(accurate contact etc... )
• Contact business owners and
managers
• Gather up-to-date business
information & make resource
referrals for small businesses to
services like the SBDC & Chamber
of Commerce
• Provide better information and
understanding for local leaders of the
business climate.
• Identify business's needs and
opportunities
• Discover and help businesses solve
problems and challenges
• Outreach using mail/call/mail
completed by June 2023
• BRE pilot program launched
by November 2023
• Final report to Port of Seattle
November 2023
• Development of BRE pilot program to
address identified business needs
• Report on outreach & anonymous
survey results & data
• Number of businesses with updated
contact & business information
3. Connection to Port of Seattle interests: Explain how your project benefits the Port of
Seattle and ties to the Port's business interests?
The Federal Way outreach and pilot BRR Program has the objective of assisting small
businesses in business recovery, which directly aligns with one of the Port's stated
economic development responsibilities of: "...sustaining and creating family -wage jobs
by supporting small businesses..." (Port Economic Development website). The Federal
Way pilot BRR Program also benefits the Century Agenda objective to: "Use our influence
as an institution to promote small business growth and workforce development."
4. Project Budget: Identify each project budget category, total funds (including the monetary
value of in -kind resources), Port of Seattle funds and City monetary and in -kind matching
Page 3 of 4
Program Application — 2023 Port of Seattle Economic Development Partnership Program
funds. Include the total funds from each column in the second to last row. Include the
percentage contributions to the Port of Seattle's contribution in the last row. This table is
used in the agreement between the Port of Seattle and each city.
Project 1:
Outreach & Survey
Project 2:
BRE Pilot Program
Total Funds:
Percentage
contribution to
Port Funds*:
Small Business $30000 I $7500 I $7500 I $45,000
Assistance
Small Business $30000 $7500 I $7500 I $45,000
Assistance
$60,000 I $15,000 $15,000
100% f 25% 25% 1 $90,000
*City monetary and in -kind matching funds must add up to at least 50 percent of the Port of
Seattle funds awarded. In -kind resources can only be used for up to 25 percent of the grant
award amount. See program guidelines for more details.
5. Collaboration with partners: Please identify any community organizations (chamber of
commerce, neighborhood associations, Small Business Development Centers, SCORE,
Greater Seattle Partners, etc.) you plan to work with to complete all or part of your
project(s)?
The City will collaborate with the Chamber of Commerce as needed during the progression of the
project and program.
6. Use of consultants or contractors: If you plan to use consultants or contractors to
complete all or part of the project, please identify the firm or type of firm you plan to hire for
this project.
The City will collaborate with a call center for the outreach. The City will also collaborate with the Small
Business Development Center (SBDC) at Highline College on resource sharing and business assistance
efforts. Other partnerships and collaborations will also be explored based on the type of BRE pilot project
determined after the anonymous business survey is completed and analyzed.
Page 4 of 4
Program Application — 2023 Port of Seattle Economic Development Partnership Program
9a
COUNCIL MEETING DATE: January 17, 2023 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2022 VARIOUS CODE AMENDMENTS
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 ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Natalie Kamieniecki DEPT: CD
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: (�z7■ 1 h; ;n,),T
ECTOR APPROVAL:Co iit4;c Caurtcd Initial/Date
nittallD InitialMate
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 17,
2023.
Committee Chair am ittee Member omrnittee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE JANUARY 17, 2023: "I 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: "I move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
[J APPROVED
COUNCIL BILL #
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED— I1/2019
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: LUTC January 9, 2023
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor �,,1
Keith Niven, Interim Community Development Director's"'
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. Bou ndary Line Ad'ustment Application Submittal Rea uirements: 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. Hearing Notice Requirements: 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. Community 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 Im rovements: 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 1/4 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.
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 -Family: 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 1st 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. STAFFRECOMMENDATION
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'1'ransportation 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: Wednes ay, . ep em 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
P
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 City 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
From: Gregory L.
Sent: Friday, September 3Q 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 Lavrentyev
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 1 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.
(f) These code amendments have followed the proper procedure required under the
FWRC.
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.
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
(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 subfnitted to the depa meat of . ,
v itiiii will ��ity
development sef r� ' y e +' 11 . thine � asaglie-t plat and-sh ll 1 d +1 . felle r1
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(3) Thee new a shown
("I-) The on the lots and the distance 0, eaeh f+om both
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 1110.010.
(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 (AMA) " 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.
Alow e
Suildir
Heigty
Lowest ReL ren ae "Ohest
E3axmion datum (APE) 9euation
"Average slope" means the average grade of land within each land area representing a distinct
topographical change.
Ordinance No. 23- Page 9 of 170
"Atiiming" 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 S. 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:
(1) 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 the publie 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—se� 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 a eal. '� o„t;ti .a '`��''� '' '`� ;, ", �ti�«;='':,'�..H is
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(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 G. 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 theme 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 ] 9. 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 36.7.OA.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 4') JI C 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.
(1) 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 each of the offlei l natifleation beap 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..1 s0(3)La�
shall also apply.
SectiGil 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 Median Income {AM[). "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 medianzaaflty
ineopaeArea Median Income (AMI).
(3)Multfple-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.
9
(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 19.1 15.0()0 for supplemental guidelines.
(3) Parking structures (includes parking floors located ii4thin 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.I 15A)OQ(3)(d) for supplemental guidelines.
Ordinance No. 23- Page 23 qJ 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
Pddastrlars pathways kom R.O.W.
Figure 1 - FWRC 19.115.050(4)
Padeittion connections
Figure 2 - FWRC 19.11 S.OSO(4)
(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 t~4h&.- fencing, etc., should be incorporated into the site
design.
(f) See FWRC i Q. i I 5,01)0 for supplemental guidelines.
Ordi uttuu IVV. LJ- l use LJ vJ J i v
(5) Landscaping. Refer to Chapter 19..1.25 FWRC for specific landscaping requirements and for
definitions of landscaping types referenced throughout this chapter.
(6) Coinnzercial 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 and storage areas
Figure 3 - FWRC 19.115.050(6)
I_aaarng areas
Figure 4 - FWRC 19.115.050(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.
(11) 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 10.105.0 30(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 pennitted 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 19.115.09()(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 19.1 15.050(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 11).1 '5 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 19,11(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(1)
(1) Common recreational spaces shall be located and arranged so that windows overlook them.
Figure 18 - FWRC 19.1 IS-09G(1)
(in) 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 19.115.090(1)
(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(1)
(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 19.115.094(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) Of park (OP) and conrrrrercial 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 19.1 15.050(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
(1) 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 I 9.115.050(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 14.1 15.060(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.
(1) Chain -link fences shall not be allowed. Barbed or razor wire shall not be used.
Ordinance No. 23- Page 37 of 170
0) For residential uses, subsections (1)(g) through 0), (1), (in), (o), (q), and (r) of this
section shall apply.
(4) For all residential zones.
(a) Nonresidential uses. Subsections (1)'�•' through ''-'[a) tivougit L) and (ii` through
(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 1.9.120.120 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 19.275.44-0090, and
portable moving containers may be temporarily placed in the required front yard of any lot if
approved under FWRC 19.275.47N.090.
(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) Hs. 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 I130.120-
(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
(1) 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 per hour for twelve
or more hours per day, no more than one larking 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 parkin-g capacity, h sical 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 feast one route that provides service at least four times per hour for twelve
or more hours per day, no more than one parkin space space per bedroom or .75 space
per unit, 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 2-2-5-300 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 22-5 300
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 22-5 300 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) Stornilvater 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:
19.195.015 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
Side
Lot
Height of
Parking
SPECIAL REGULATIONS AND NOTES
Process
Size
Front
Rear
Coverage
Structure
Spaces
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
a4d-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.
5. 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)
Rear
Lot
Coverage
Height of
Structure
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 ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums I Maximums
Required Yards
equired Required
eview Lot Lot Height of Parking
rocess Size Front Side Rear Coveraae Structure Spaces
USE REGULATION
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.
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
RearCaverageof
Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
(each)
Structure
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
Height
Required
Review
Process
Lot
Size
Front
Side
Rear
Lot
Coverage
of
Parking
Spaces
SPECIAL REGULATIONS AND NOTES
USE REGULATIONS
(each)
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
SE ZONE CHART
IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums I Maximums
Required Yards
uirea
iew Lot
:ess Size Front Side
USE REGULATIO
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
eight Parking
F Spaces SPECIAL REGULATIONS AND NOTES
:ructure
Section 17. FWRC 19.200.020 is hereby amended to read as follows:
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.
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 51 of 170
1 19.200.020 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
USE REGULATIONS
Review
Process
Lot Size
Front
Side (each)
Rear
Lot
Coverage
Height of
Structure
Parking
Spaces
SPECIAL REGULATIONS AND NOTES
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 Size Lot Height of Parking
USE REGULATIProcess ONS Front Side (each) Rear Coverage Structure Spaces
SPECIAL REGULATIONS AND NOTES
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.
Section 18. FWRC 19.200.045 is hereby amended to read as follows:
19.200.045 Permanent supportive housing and transitional housing.
requirements subject to FWRC
19.130.120(4).
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 single-family residential (RS) 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
� 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.
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
Ordinance No. 23- Page 57 of 170
SE ZONE CHART
IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums Maximums
Required Yards
ui
Process
USE REGULATIO
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.
Required
Height of parking
verage Structure Spaces
PECIAL REGULATIONS AND NOTES
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)
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 19.200.045 Permanent supportive housing and transitional housing. (Continued)
IUSE ZONE CHART
REGULATIONS DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Ordinance No. 237 - Page 58 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
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
SE ZONE CHART
IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums Maximums
Reauired Yards
Required Height Required
Review Lot Lot Parking
Process Size Front Side Rear Coverage °f Spaces
USE REGULATIONS (each) Structure
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.
PECIAL REGULATIONS AND NOTES
employees
12. Alternatively, an applicant may choose to submit a parking study in
accordance with FWRC 19.130.080(2).
(Continued on next page)
For other information about parking and parking areas, see
Chapter 19.130 FWRC.
For details of what may exceed this height limit, see FWRC 19.110.050 et
seq.
For details regarding required yards, see FWRC 19.125.160 et seq.
19.200.045 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 jLot lHeightParking
Ordinance No. 23- Page 60 of 170
USE
b
Process
Size
Front
Side
(each)
Rear
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
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.
(Ord. N
Section 19. FWRC 19.200.100 is hereby amended to read as follows:
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 marking requirements subject to FWRC
19.130.120(4).
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 62 of 170
19.200.100 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
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
Front Rear Coverage Structure Spaces
USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES
U
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
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.
Ordinance No. 23- Page 64 of 170
SE ZONE CHART
IRECTiONS: FIRST, read down to find use, THEN, across for REGULATIONS
Minimums Maximums
Required Yards
Process Lot Size
USE REGULATIONS
b
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
Required
Lot Height of Parking
ront Side 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.
19.200.100 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
(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 REGULATION
� b
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . THEN, across for REGULATIONS
Minimums I Maximums
Reauired Yardsl I
equired
eview Lot
rocess Size Front Side
(each)
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
Lot of Parking
r Coverag Structure Spaces
Section 20. FWRC 19.205.010 is hereby amended to read as follows:
SPECIAL REGULATIONS AND NOTES
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).
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 67 of 170
19.205.010 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
Spaces
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
Spaces
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
Height
Required
Review
Process
Lot Size
Lot Width
Front
Side (each)
Rear
Lot Coverage
of
Parking
Spaces
SPECIAL
USE REGULATIONS
Structure
REGULATIONS AND
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
Required Yards
eauired
Process Lot Size Lot Width
USE REGULATIONS ' ront Side (each)
� 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
Required
Height Pai_kr.ig
Lot Coverage of Spaces SPECIAL
Structure 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.
19.205.010 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 I Minimums Maximums Required
REGULATIONS Review Lot I Lot Required Yards Lot IHeight Parking
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
Height Review Lot Lot Lot g
Process Size Width Front Side Rear Coverage of Parkin 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,
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
Section 21. FWRC 19.205.040 is hereby amended to read as follows:
Ordinance No. 23- Page 73 of 170
i
19.205.040 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
>=ront(each
Side
Rear
Coverage
Structure
Spaces
USE REGULATIONS
}
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,-a�
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 Side
USE REGULATIONS Front (each) Rear Coverage Structure Spaces
SPECIAL REGULATIONS AND NOTES
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.
19.205.040 Multifamily dwelling units. (Continued)
9. For sign requirements that apply to the project, see
Chapter 19.140 FWRC.
(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.
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Requiredl Minimums Maximums Required
REGULATIONS Review Lot Required Yards ,L of Height o 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
I
19.205.070 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
11
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, 4
See
ft. above
1 for
require modification of the required yard, lot coverage, height,
units)
note
and 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
SE ZONE CHART
IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums Maximums
Required Yards
ui
Process (Size
USE REGULATION
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
Lot Height of Parking
side Rear Coverage Structure Spaces
each)
ECIAL 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
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
USE REGULATIONS
Required
Review
Process
Lot
Size
Front
Side
(each)
Rear
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
E ZONE CHART
ZECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums I Maximums
Required Yards
Required
Review Lot
Process Size Front 51de Rear
USE REGULATIONS (each)
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
Lot of Parking
Coveraqe Spaces
Section 23. FWRC 19.205.080 is hereby amended to read as follows:
ECIAL 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.
j 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
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+�d
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
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 (eacl
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
Height of Parking
age Structure Spaces
ECIAL REGULATIONS AND NOTES
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)
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 84 of 170
19.205.080 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 REGULATION
b
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums Maximums
Required Yards
equired
eview Lot
rocess Size Front Side Rear
(each)
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
Lot Height Parking
Coverage Spaces
Structure
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.
(Continued on next page)
For other information about parking and parking areas, see
Chapter 19.130 FWRC.
For details of what may exceed this height limit, see FWRC 19.110.050 et
seq.
For details regarding required yards, see FWRC 19.125.160 et seq.
19.205.080 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 REGULATIO
� b
SE ZONE CHART
IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums Maximums
Reauired Yards
Required
Review Lot
Process Size Front Side
(each
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
Lot of fight Parking
Coverage Structure Spaces
Section 24. FWRC 19.215.050 is hereby amended to read as follows:
19.215.050 Multifamily dwelling units.
PECIAL REGULATIONS AND NOTES
19.130.120(4).
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.
a
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
REGULATIONS Required Minimums Height of Required
Ordinance No. 23- Page 88 of 170
USE
4 b
Review
Process
Lot
Size
Required Yards
Side
Front Rear
(each)
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 — 4-7
ground floor contains one or more of the commercial uses allowed by
use
for ground
4-9-.
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
SE ZONE CHART
IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Required
Review Lot
Process Size
USE REGULATIO
Minimums
Required Yard
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 of Require
Structure Parking
e I1] Rear Spaces
c
PECIAL REGULATIONS AND NOTES
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)
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 90 of 170
19.215.050 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 requir_ernents 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 91 of 170
Section 25. FWRC 19.215.070 is hereby amended to read as follows:
1 19.215.070 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
ruc
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
°f
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
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 53.de Rear Coverage °f Spaces
USE REGULATIONS (each) Structure 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.
19.215.070 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 Height Required
Review Lot Lot Parking
Process Size Front Side Rear Coverage °f Spaces
USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES
b
Ordinance No. 23-
10. Parking spaces shall be provided as follows:
Efficiency units — 1.0 per unit + one per two employees
Page 94 of 170
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Maximums
Required
Yards
Required
Height
Required
Review
Lot
Side
Lot
of
parkin 9
USE REGULATIONS
Process
Size
Front
(each)
Rear
Coverage
Structure
Spaces
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
SE ZONE CHART
IRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS
Minimums Maximums
Required Yards
Required Height Required
Review Lot Lot Parking
USE REGULATIONS {each) Structure
Process Size Front Side Rear Coverage of Spaces
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.
PECIAL REGULATIONS AND NOTES
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).
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.OSO et
seq.
For details regarding required yards, see FWRC 19.125.160 et seq.
Ordinance No. 23- Page 96 of 170
R
Section 26. FWRC 19.215.150 is hereby amended to read as follows:
19.215.150 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
5 ft. I 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.
I
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.
S. 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
SE ZONE CHART
IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums Maximum
Required Yards
uired Required
ew Lot Height of Parking
:ess Size rFrontFS"e. Rear Structure Spaces
USE REGULATIO
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.
(Ord. No. 17-834, § 15, 5-16-17.)
PECIAL REGULATIONS AND NOTES
15. Minimum residential parking requirements sub ect to FWRC
19.130.120 (4).
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.
Section 27. FWRC 19.220.050 is hereby amended to read as follows:
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:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
REGULATIONS Required I Minimums lHeight of Required
Ordinance No. 23- Page 99 of 170
USE
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.
4. Multi -unit housing and accessory living facilities may be located on the
and 14
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 Parking
Side Structure Spaces
Process Size Front Rear p
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 L
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.
1 19.220.050 Multifamily dwelling units. (Continued)
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Requiredl Minimums lHeight Required
REGULATIONS Review ILot 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,
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 102 of 170
Section 28. FWRC 19.220.080 is hereby amended to read as follows:
19.220.080 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
p
USE REGULATIONS
(each)
SPECIAL REGULATIONS AND NOTES
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
Front
Side
(each)
Rear
USE REGULATIONS
Required
Review
Process
Lot
Size
Height of
Structure
Required
Parking
Spaces
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 REGULAT
� b
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Reauired Yards
equired
eview Lot
rocess 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.
G
Height of Required
Structure
Parking
PECIAL REGULATIONS AND NOTES
15. For provisions that relate to the keeping of animals, see
Chapter 19.260 FWRC.
16. Minimum residential parking re uirements subject to FWRC 19.130.120 4 .
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.
Section 29. FWRC 19.220.100 is hereby amended to read as follows:
19.220.100 Permanent supportive housing and transitional housing.
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
REGULATIONS DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Ordinance No. 23-
Page 105 of] 70
Minimums
Maximums
Required
Yards
I
Required
Required
Review
Lot
Lot
Height of
Parking
Process
Size
Front
Side
Rear
Coverage
Stru ctu re
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, a4�4
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
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.
19.220.100 Permanent supportive housing and transitional housing. (Continued)
USE REGULATION
b
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums Maximums
Required Yards I I I
equired
eview Lot
rocess Size Front Side
(each
Required
Lot of fight parking
r Coverage �} Spaces
ECIAL REGULATIONS AND NOTES
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] 70
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
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
Process Size Front Side Rear Coverage of Spaces
USE REGULATIONS (each) Structure 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.
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)
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 110 of 170
19.220.100 Permanent supportive housing and transitional housing. (Continued)
USE REGULATION
b
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums Maximums
Required Yards
equired Required
Height eview Lot Lot g
rocess Size Front Side Rear Coverage of Parkin Spaces
(each) Structure
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Ordinance No. 23-
ECIAL 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 re uirements 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 Maximums
Required Yards
Required Height Required
Review Lot Side Lot Parking
Process Size Front Rear Coverage n Spaces
USE REGULATIONS (each) Structure SPECIAL REGULATIONS AND NOTES
b
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 19.220.105 is hereby amended to read as follows:
19.220.105 Emergency housing and shelter.
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 Height of Required
Review Lot Parking
Side Structure Spaces
Process Size Front Rear p
USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES
b
Emergency housing Process None 5 ft. I 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
b
and shelter
III
1 and 2
above
notes
five ft. adjacent to all other zones.
average
13, a444
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:
single-
sngle-
(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
SE ZONE CHART
IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Reauired Yards
Required Height of Required
Review Lot Side Structure Parking
.USE REGULATIONS
Process Size Front (each) Rear Spaces
� 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.
ECIAL REGULATIONS AND NOTES
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)
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 114 of 170
9.220.105 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
USE REGULATIONS
Process
Size
Front
(each]
Rear
Spaces
p
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
USE REGULATIONS
Process
Size
Front
(each)
Rear
Spaces
p
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 19.130 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.
Ordinance No. 23- Page 116 of 170
19.220.105 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
P
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
SE ZONE CHART
IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards
equired
eview Lot
rocess Si7P Frnn4 Side
USE REGULATION
� 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.
eight of Required
ru ctu re
Parking
Spaces
PECIAL REGULATIONS AND NOTES
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).
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 118 of 170
Section 30. FWRC 19.225.055 is hereby amended to read as follows:
1 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.
a446 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
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
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)
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.
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
1 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
U
be determined on a case -by -case basis.
5. 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 — 1.2S 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
SE ZONE CHART
IREC.TIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Reauired Yards I F7
Required Height Required
Review Lot of Parking
Process Size Frnnt Side Rear Structure Spaces
USE REGULATI❑
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.
PECIAL 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
USE REGULATIONS
Review
Process
Lot
Size
Front
(each}
(each)
Rear
of
Structure
Parking
Spaces
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
USE REGULATIONS
Review
Process
Lot
Size
Front
Side
(each}
Rear
of
Structure
Parking
Spaces
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 residentialparking requirements subiect to FWRC 19,130.1 Z0(4).
For other information about parking and parking areas, see Chapter 19.130 FWRC.
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
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.
Section 31. FWRC 19.225.070 is hereby amended to read as follows:
Ordinance No. 23- Page 125 of 170
i
1 19.225.070 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
or special
defined in FWRC 19.05.190, are located along the right-of-way; the siting
needs housing:
See notes 21
and design of which shall be approved by the director.
_ 2425.
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
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 Multi -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
USE REGULATIONS
Review
Process
Lot
Size
Front
Side
(each)
Rear
of
Structure
Parking
Spaces
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 l2arking requirements subiect to FWRC 19.13 .12 .4 .
Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 1935 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
65 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:
19.225.075 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
FearCoverage°f
Spaces
USE REGULATIONS
(each)
Structure
SPECIAL REGULATIONS AND NOTES
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,a4�4
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
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.
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
SE ZONE CHART
IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums T Maximums
Required Yards
Required Height Required
Review Lot Lot of Parking
USE REGULATIONS (each) St
Process Size Front Side Rear Coverage Structure Spaces
� 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.
ECIAL REGULATIONS AND NOTES
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)
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.
19.225.075 Permanent supportive housing and transitional housing. (Continued)
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Requ iredl Minimums I Maximums Required
REGULATIONS Review Lot Required Yards Lot Height IParking
Ordinance No. 23- Page 133 of 170
USE
b
process
Size
Front
Side
(each)
Rea r
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
SE ZONE CHART
IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums Maximums
Reauired Yards
Required Height Required
Review Lot Lot of Parking
USE REGULATIONS (each) St
Process Size Front Side Rear Coverage Structure Spaces
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.
PECIAL REGULATIONS AND NOTES
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)
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.
19.225.075 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 135 of 170
USE
b
Process
Size
Front
SideRear
(each)
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
SE ZONE CHART
IRECTIONS: 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
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.
Section 33. FWRC 19.230.055. is hereby amended to read as follows:
1 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
a444-12
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 Parking
Side Structure Spaces
Process Size Front Rear P
USE REGULATIONS [each}
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
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)
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 19.230.055 Emergency housing and shelter. (Continued)
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Required Minimums Height Required
REGULATIONS Review Lot Required Yarjof Parking
Ordinance No. 23- Page 139 of 170
USE
� b
Process
Size
Front
Side
(each)
Rear
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
SE ZONE CHART
IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums I F
I I Reauired Yardsl F
Required Height Required
Review Lot of Parking
USE REGULATIONS (each)
Process Size Front Side Rear Structure Spaces
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.
PECIAL REGULATIONS AND NOTES
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)
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 19.230.055 Emergency housing and shelter. (Continued)
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS
Required Minimums Height Required
REGULATIONS Review ILot I Required Yards of Parking
Ordinance No. 23- Page 141 of 170
USE
b
Process
Size
Front
Side
(each)
Rear
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,
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.
Section 34. FWRC 19.230.060. is hereby amended to read as follows:
Ordinance No. 23- Page 143 of 170
i
j 19.230.060 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
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
needs housing:
See notes 21
space requirements.
—24-24.
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
USE REGULATIONS
Review
Process
Lot
Size
Front
Side
(each]
Rear
of
Structure
Parking
Spaces
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
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards
Required Height Required
Review Lot of Parking
USE REGULATIONS (each)
Process Size Front Side Rear Structure Spaces
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.
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
Structure
S
aces(each)Rear p
USE REGULATIONS
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
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.
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 FW�2C 19.130.120(.4).
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 148 of 170
Section 35. FWRC 19.230.065. is hereby amended to read as follows:
19.230.065 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
tot
Lot
Height
Parking
Process
Size
Front
Side
Rear
Coverage
of
Spaces
USE REGULATIONS
(each)
Structure
SPECIAL REGULATIONS AND NOTES
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, a444
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
Process
Size
Front
Side
Rear
Coverage
of
Spaces
USE REGULATIONS
(each]
Structure
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 150 of 170
SE ZONE CHART
IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums I Maximums
Reauired Yards
eq u i red
eview Lot
rocess Sipe Frnnt
Side
USE REGULATION
b
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 1970 FWRC respectively.
Required
Height Parking
verage of Spaces
Structure
ECIAL REGULATIONS AND NOTES
building is taller than 35 ft. (three stories) with a rooftop that contributes
to the multifamily open space requirements.
(Continued on next page)
For other information about parking and parking areas, see
Chapter 19.130 FWRC.
For details of what may exceed this height limit, see FWRC 19.110.050 et
seq.
For details regarding required yards, see FWRC 19.125.160 et seq.
19.230.065 Permanent supportive housing and transitional housing. (Continued)
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS
Required Minimums Maximums Required
REGULATIONS Review Lot I Required Yards Lot Height 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 19.115.11 S. 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 19.65 FWRC respectively. I 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.
19.230.065 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
Process Size Front Side Rear Coverage °f Spaces
USE REGULATION5 (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 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
J3 =:>
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 36. FWRC 19.240.085. is hereby amended to read as follows:
19.240.085 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
Req u i red 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, and
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.
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.
Ordinance No. 23- Page 156 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
Chapter 19.55 FWRC,
Ordinance No. 23-
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
SE ZONE CHART
IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums I Maximums
Required Yards
u i red
Hrocess Siz
USE REGULATIONS
b
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
Required
Height of Parking
age Structure Spaces
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.
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
Front
Side
(each)
Rear
USE REGULATIONS
Required
Review
Process
Lot
Size
Lot
Coverage
Height
of
Structure
Required
Parking
Spaces
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)
)
ruc
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
Process
Size
Front
Side
Rear
Coverage
of
Spaces
USE REGULATIONS
(each)
Structure
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,
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 160 of 170
19.240.085 Permanent supportive housing and transitional housing. (Continued)
SE ZONE CHART
IRECTIONS: 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
f USE REGULATIONS (each) Structure
I � b
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Ordinance No. 23-
ECIAL 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 Maximums
Required Yards
Required Required
Review Lot Lot Height parking
Process Size Front Side Rear Coverage Structure
Spaces
USE REGULATIONS (each] Structure SPECIAL REGULATIONS AND NOTES
b
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 37. FWRC 19.240.095. is hereby amended to read as follows:
19.240.095 Emergency housing and shelter.
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
USE REGULATIONS
Process
Size
Front
Side
(each]
Rear
Structure(s)
Spaces
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 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
1 and 2
above
notes
residential zones and five ft. adjacent to all other zones.
average
10, a46
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
SE ZONE CHART
IRECTIONS: FIRST, read down to find use .. _ THEN, across for REGULATIONS
Minimums
Reauired Yards
Required Maximum Required
Review Lot Height of Parking
Process Size Front Side Rear Structure(s) Spaces
USE REGULATIONS (each)
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.
ECIAL REGULATIONS AND NOTES
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.
1
I 19.240.095 Emergency housing and shelter. (Continued)
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Required Minimums Maximum Required
REGULATIONS Review Lot I Required Yards Height of Parking
Ordinance No. 23- Page 164 of 170
USE
b
Process
Size
FrontSi
.
(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
SE ZONE CHART
IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Reauired Yards
Required Maximum Required
Review Lot Height of Parking
Process Size Front Side Rear Structure(s) Spaces
USE REGULATIONS (each)
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.
FECAL REGULATIONS AND NOTES
11. Alternatively, an applicant may choose to submit a parking study in
accordance with FWRC 19.130.080(2).
(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.
f
1 19.240.095 Emergency housing and shelter. (Continued)
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS
Required Minimums Maximum Required
REGULATIONS Review Lot I Required Yards Height of Parking
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
SE ZONE CHART
IRECTIONS: 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 REGULATION
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.
ECIAL REGULATIONS AND NOTES
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).
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 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:
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
9b
COUNCIL MEETING DATE: January 17, 2023 ITEM #:
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 ZZ
) b a
Committee C:o cil
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: N/A
DIRECTOR APPROVAL: //0122
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (JAN 17): "1 move to forward the proposed ordinance to the January 17,
2023 Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE (FEB 7): "1 move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) 11
11ACTION: APPROVEDCOUNCIL BILL # Owl q 5
❑ DENIED First reading 01-17 _21O 5
❑ 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 department
shall provide and manage those services and duties required of a city clerk under state law,
manage the city's records system. administer the Public Records Act and policies related to city
records maintain and uj2date information about the city. council and council -appointed
Ordinance No. 23-. Page I of 4
commissions and committees, prepare and ensure tilnely publication of public notices, and serve
as election official programs,
2.18.020 City 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 confirmation
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 b�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 ofall _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
property; attesting to official acts of the Mayor; certifing copies of original records, and
producing them in accordance with the ciiy's fee schedule; accepting legal service on behalf of
the City during nonnal office hours pursuant to state law; acting as the city's designated public
records officer to ensure the proper processing of requests 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 city council appointment processes; and coordinating
administrative hearings of the city's hearing examiner.
2.18.040 City clerk director_- Qualifications.
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, alonja with increasingly responsible relevant management ex erience.
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.
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 S. 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