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03-15-2023 Planning Commission Agenda Packet - Updated PLANNING COMMISSION PUBLIC HEARING AGENDA City Hall – Council Chambers March 15, 2023 – 6:00 p.m. 1. CALL MEETING TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES Planning Commission Meeting of March 1, 2023 4. PUBLIC COMMENT (Non-Hearing) 5. COMMISSION BUSINESS a. Public Hearing – Proposed Code Amendments – View Protection b. Public Hearing – Proposed Code Amendments – Changes to the Community Business (BC), City Center Frame (CC-F), and City Center Core (CC-C) zones to facilitate the production of housing c. Park Impact Fee Briefing 6. STAFF BUSINESS Manager’s Report 7. NEXT MEETING April 5, 2023 5:00 p.m. – Regular Meeting 8. ADJOURNMENT Planning Commission meetings are held in-person. To request accommodation to attend or to provide public comment virtually, please contact Kari Cimmer at 253-835-2629 or karic@cityoffederalway.com, no later than 5:00 p.m. on Tuesday, March 14, 2023. Commissioners City Staff Lawson Bronson, Chair Keith Niven, Planning Manager Vickie Chynoweth, Vice Chair Kari Cimmer, Admin & Permit Diana Noble-Gulliford Center Supervisor Tom Medhurst www.cityoffederalway.com Tim O’Neil 253-835-2629 Anna Patrick Jae So Hope Elder, Alternate Page 1 of 55 Planning Commission Minutes March 1, 2023 PLANNING COMMISSION MINUTES City Hall – Council Chambers March 1, 2023 – 6:00 p.m. 1. CALL MEETING TO ORDER Chair Bronson called the meeting to order at 6:02 pm. 2. APPROVAL OF MINUTES February 15, 2023 minutes are approved as corrected. Two corrections noted: Page 3, Paragraph 6 should read “Mr. Niven presented” Page 3, Paragraph 10 should read “concerns with east/west focuses” Commissioner O’Neil moved the minutes be approved as corrected; Commission Noble- Gulliford seconded; Motion passed 5-0 3. ROLL CALL Commissioners Present: Diana Noble-Gulliford, Lawson Bronson, Anna Patrick, Vickie Chynoweth, Tim O’Neil, Tom Medhurst (excused), Jae So (not present) City Staff Present: Community Development Director Keith Niven, City Attorney Kent van Alstyne, Admin & Permit Center Supervisor Kari Cimmer 4. PUBLIC COMMENT No public comment. 5. COMMISSION BUSINESS Proposed Code Amendment – View Protection Community Development Director Keith Niven opened with a PowerPoint presentation of the View Protection proposed amendments as outlined in the agenda packet. Proposed Code Amendment – Changes to the Community Business (BC), City Center Frame (CC-F), and City Center Core (CC-C) zones to facilitate the production of housing Mr. Niven opened his Code Changes amendment PowerPoint presentation and covered the nine points outlined in the agenda packet. 6. MANAGER REPORT Director Niven proposed to the Commissioners to move the Planning Commission start time to 5:00 p.m. The new 5:00 p.m. start time will officially begin at the April 1, 2023 meeting. Commissioner O’Neil moved to change the Planning Commission meeting from 6:30 p.m. to 5:00 p.m.; Commissioner Noble-Gulliford seconded. Motion passed 5 – 0. Director Niven provided a PowerPoint presentation on the five developer proposals for the TC-3 / PAEC site and answers for the Commission’s questions. Page 2 of 55 Planning Commission Minutes March 1, 2023 7. NEXT MEETING March 15, 2023; 6:00 p.m. – Public Hearing 8. ADJOURNMENT Commissioner O’Neil moved that the meeting be adjourned. Commissioner Patrick seconded. Meeting adjourned at 8:07 p.m. ATTEST: APPROVED BY COMMISSION: _______________________________________ ______________________ KARI CIMMER, ADMIN & PERMIT CENTER SUPERVISOR DATE Page 3 of 55 Memo | 1 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-7000 www.cityoffederalway.com Jim Ferrell, Mayor MEMORANDUM DATE: 7 March 2023 TO: Federal Way Planning Commission FROM: Keith Niven, Director SUBJECT: Proposed code amendments to Title 19 for 1) View Protection; and, 2) Housing Action Plan implementation (HAPI) study conducted by Heartland, LLC. BACKGROUND The City is moving two sets of code amendments ahead of the rest of the 2023 annual code amendments (due to the Planning Commission in late summer/early fall) due to their perceived urgency. These proposed code amendments are discussed separately below: View Protection The City’s Comprehensive Plan includes language aimed at protecting views in the City Center area. Specifically, the following excerpts are from the Comprehensive Plan: • Adopt strategies to protect views such as Mount Rainier, especially for civic uses and public parks. CCG20 Consider protecting views from civic buildings and uses, such as the Performing Arts and Events Center, for the enjoyment of citizens. CCP43 Consider providing incentives, and/or adopt regulations, for view protection of scenic vistas. The proposed code amendments implement the intent of this Comprehensive Plan text. HAPI (Heartland) Code Amendments Heartland was hired by the City to look at existing codes and policies that might be limiting housing production within the City. Heartland presented to the Planning Commission in January and to the Land Use & Transportation Committee in February. Based on their existing conditions evaluation and gap analysis, Heartland recommended nine actions to address issues they found. These recommendations may be summarized as: 1. Expand the Multi Family Tax Exemption (FWRC 3.30.030) to the Community Business (BC) zone; 2. Reduce the amount of ground floor non-residential space that is required; 3. Increase building height within 100 feet of single family for the BC zone; 4. Reduce the parking requirement for the BC zone; 5. Make consistent the open space requirement and allow for a fee-in-lieu of option; 6. Allow stormwater to be placed in vaults within the BC zone; 7. Provide predictability for school impact fees; Page 4 of 55 Memo | 2 8. Remove the City’s inclusionary requirement; and, 9. Remove the restrictions on building form. PROPOSED CODE AMENDMENTS See Attachments 1 & 2. PROCEDURAL SUMMARY View Protection: 1/27/23: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) (23-100430-SE) 2/3/23: Public Notice of SEPA Decision published in Federal Way Mirror and posted (website) 2/17/23: End of SEPA Comment Period 3/10/23: End of SEPA Appeal Period 3/15/23: Planning Commission Public Hearing 4/3/23: LUTC Council Committee (anticipated date) 4/21/23: City Council 1st Reading (anticipated date) 5/2/23: City Council 2nd Reading (anticipated date) HAPI Code Amendments: 2/17/23: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 2/17/23: Public Notice of SEPA Decision published in Federal Way Mirror and posted (website) 3/3/23: End of SEPA Comment Period 3/24/23: End of SEPA Appeal Period 3/15/23: Planning Commission Public Hearing 4/3/23: LUTC Council Committee (anticipated date) 4/21/23: City Council 1st Reading (anticipated date) 5/2/23: City Council 2nd Reading (anticipated date) PUBLIC COMMENT The City received no public comments relating to these proposed amendments. BASIS FOR PLANNING COMMISSION DECISION FWRC Section 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning code text amendment with the criteria in FWRC 19.80.130. The city may amend the text of the FWRC only if it finds that: View Protection 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan; Staff Response: The proposed FWRC text amendment is consistent with the following Federal Way Comprehensive Plan (FWCP) text: “Adopt strategies to protect views such as Mount Rainier, especially for civic uses and public parks.” CCG20 Consider protecting views from civic buildings and uses, such as the Performing Arts and Events Center, for the enjoyment of citizens. CCP43 Consider providing incentives, and/or adopt regulations, for view protection of scenic vistas. Page 5 of 55 Memo | 3 LUP1 Use development standards and design guidelines to maintain neighborhood character and ensure compatibility with surrounding uses. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare; and Staff Response: The proposed FWRC text amendments preserves views of Mt. Rainier from established public spaces in the City’s downtown. The proposed code amendment is specific in both the intended view (of what) to preserve and from what vantage points. The natural view of Mount Rainier is considered a public asset, as determined in the City’s Comprehensive Plan. 3. The proposed amendment is in the best interest of the residents of the city. Staff Response: The proposed amendments are intended to limit the height of buildings that would block the natural view of Mount Rainier from Town Square Park and the PAEC. By limiting building heights for a portion of the City Center, the natural views of Mount Rainier will be available to residents from downtown public spaces. HAPI Code Amendments 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan; Staff Response: The proposed FWRC text amendment is consistent with the following Federal Way Comprehensive Plan (FWCP) policies: LUP 29 Ensure compatibility between non-residential developments and residential zones by regulating height, scale, setbacks, and buffers. HP2 Amend development regulations to accommodate a diverse range of housing forms that are compatible with neighborhood character and create an effective transition between the City Center, business areas, and residential neighborhoods. HP8 Consider the economic impact of all development regulations on the cost of housing. HG3 Develop a zoning code that provides flexibility to produce innovative housing solutions, does not burden the cost of housing development and maintenance, and diversifies the range of housing types available in the City. HG4 Proactively plan for and respond to trends in housing demand. HP14 Review zoning, subdivision, and development regulations to ensure that they further housing policies, facilitate infill development and don’t create unintended barriers. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare; and Staff Response: The proposed code amendments are intended to result in the construction of more housing units in the City. Prior to drafting the proposed amendments, the City hired a consultant (Heartland, LLC) to evaluate existing policies and code language. In addition, the consultant reached out to developers and property owners prior to developing recommendations for the City’s consideration. The proposed amendments have considered the recommendations from the consultant and are believed to result in the increased production of housing thereby adding to the public health, safety, and welfare of the community. Page 6 of 55 Memo | 4 3. The proposed amendment is in the best interest of the residents of the city. Staff Response: The proposed FWRC text amendments remove many of the barriers to the production of housing in the BC, CC-F, and CC-C zones identified by the City’s consultant (Heartland, LLC). By updating the City code to be more in-step with current market factors, the City should see more housing built within its jurisdiction. This added production is in the best interest of the residents of the City as there is currently a housing shortage both in the City and the region. As stated in the HAP: “Housing availability is an urgent and growing challenge in Federal Way. Two out of every five households are struggling to manage the cost of housing. The lack of supply and resulting cost pressure is contributing to the displacement of long-term Federal Way residents, a process that can uproot lives and undermine the social fabric and support structure for many residents.” (HAP, pg i) STAFF RECOMMENDATION Subject to public comment and Commission deliberation, based on the above staff analysis and decisional criteria; staff recommends that the proposed amendments (Attachments 1 and 2) to FWRC Title 19, “Zoning and Development Code,” be recommended for approval to the Land Use & Transportation Committee (LUTC) and City Council. Page 7 of 55 Memo | 5 Attachment 1 – View Protection Page 8 of 55 Memo | 6 Page 9 of 55 Memo | 7 Page 10 of 55 Memo | 8 Page 11 of 55 Memo | 9 Page 12 of 55 Memo | 10 Page 13 of 55 Memo | 11 Page 14 of 55 Memo | 12 Page 15 of 55 Memo | 13 Attachment 2 – HAPI Code Note: City staff and staff from FWPS are still working thru exact details of this proposed code amendment Page 16 of 55 Memo | 14 Page 17 of 55 Memo | 15 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 REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ Multifamily dwelling units (stacked dwelling units) Process II or, with SEPA, Process III None Same as these regulations for ground floor use except 20 ft. abutting single-family residential zones 65 ft. above average building elevation (ABE) See note 2 See notes 54 – 87 Inclusionary units: 0 for each unit 1. All nonresidential ground floor spaces must have a minimum floor-to-ceiling height of 13 ft. and a minimum depth of 15 ft. 2. 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. 3. 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. 43. Multi-unit housing and accessory living facilities may be located on the ground floor of a structure project only as follows: (a)if the ground level space that spans at least 60 40 percent of the total length of the buildings adjacent (not behind another building) to the principal commercial facade of all buildingscommercial property frontage, as determined by the director, is occupied with one or more See notes 2 and 134 Page 18 of 55 Memo | 16 USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ other permitted use(s) open to the public as 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. 45. 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. 56. 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. 67. Dwelling unit parking stalls are in addition to required parking for all nonresidential ground floor uses. 78. Alternatively, applicant may choose to submit a parking Page 19 of 55 Memo | 17 USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ study in accordance with FWRC 19.130.080(2). 89. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 910. Chapter 19.270 FWRC contains regulations regarding home occupations. (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 19.220.050 Multifamily dwelling units. (Continued) USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ Page 20 of 55 Memo | 18 USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ 101. 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. 112. 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. 123. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 134. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 145. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 156. For affordable housing requirements, see FWRC 19.110.010. 167. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. Page 21 of 55 Memo | 19 USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ 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. 19.230.060 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 REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ Multifamily dwelling units (stacked dwelling units) Senior citizen or special needs housing (stacked dwelling units) Process II Possible Process III See note 1 None Multifamily dwelling units, senior housing, or special needs housing: Same as these requirements for ground floor use 70 ft. or 85 ft. See notes 1, 53 and 46 Multifamily dwelling units: 1 per unit if underground or in structured parking or 1.7 per unit if surface parking 1. The city may, using process III, modify required height, yard, landscape and other site design and dimensional requirements for a proposed development that meets the following criteria: a. The proposed development will be consistent with the adopted Stand-alone senior citizen Page 22 of 55 Memo | 20 USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ or special needs housing: See notes 2116 – 2318 Senior citizen housing: 1 for each unit Special needs housing: 0.5 for each unit Inclusionary units: 0 for each unit comprehensive plan policies for this zone; and b. The proposed development will be consistent with applicable design guidelines; and c. The street utilities and other infrastructure in the area are adequate to support the proposed development. 2. 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. 23. Multi-unit housing and accessory living facilities may be located on the ground floor of a structure project only as follows: (a) if the ground level space that spans at least 60 40 percent of the total length of the buildings adjacent (not behind another building) to the principal commercial facade of all buildingsproperty frontage, as determined by the director, is occupied with one or more otherpermitted use(s) as allowed in this zone; and (b) ground level space of all buildings 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 ground level 20 ft. 5 ft. 5 ft. See notes 1, 64, 108, and 120 Page 23 of 55 Memo | 21 USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ nonresidential space(s) have a minimum floor-to-ceiling height of 13 ft. and an average depth of 30 ft., but in no case less than 15 ft. 4. Commercial uses allowed in this zone may be permitted on the ground floor of stacked senior citizen or special needs housing with a minimum floor- to-ceiling height of 13 ft. 53. 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. 46. 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. 57. 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, Page 24 of 55 Memo | 22 USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ 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) For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 19.230.060 Multifamily dwelling units, senior citizen, or special needs housing. (Continued) Page 25 of 55 Memo | 23 USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ 86. 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. 79. 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. 810. 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. 911. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 1012. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 1113. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 1214. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 1315. Chapter 19.270 FWRC contains regulations regarding home occupations. 1416. For affordable housing requirements, see FWRC 19.110.010. Page 26 of 55 Memo | 24 USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ 1517. 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 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. 2116. Parking may be provided underground or above ground in structured parking or may be permitted as surface parking. 2217. Dwelling unit parking stalls are in addition to required parking for all nonresidential ground floor uses. 2318. Required parking may be reduced under the provisions of FWRC 19.130.020(3) (a), (b), (c), and (d). Process I, II, III and IV are described in Page 27 of 55 Memo | 25 USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ Chapter 19.55 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. 19.225.070 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 REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ Multifamily dwelling units (stacked dwelling units) Senior citizen or special needs housing (stacked dwelling units) Process II Possible Process III See note 1 None Multifamily dwelling units, senior housing, or special needs housing: same as these regulations for ground floor use 70 ft. or 200 ft. See notes 1 and 7 Multifamily dwelling units: 1 per unit if underground or in structured parking or 1.7 per unit 1. The city may, using process III, modify required yard, height, lot coverage, and other site design and dimensional requirements for a proposed development that meets the following criteria: a. The proposed development will be consistent Page 28 of 55 Memo | 26 USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ Stand-alone senior citizen or special needs housing: if surface parking See notes 2117 – 240 Senior citizen housing: 1 for each unit Special needs housing: 0.5 for each unit Inclusionary units: 0 for each unit with the adopted comprehensive plan policies for this zone; and b. The proposed development will be consistent with the applicable design guidelines; and c. The street, utilities, and other infrastructure in the area are adequate to support the proposed development. 2. No setback is required adjacent to rights-of-way for senior citizen and special needs housing, when publicly visible street-scape 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. 3. The entire ground floor must be utilized with retail space(s) with a minimum floor-to- ceiling height of 13 ftA minimum of 25% of the ground floor of all buildings must be comprised of non- residential permitted uses open to the public. Where any portion of the project site is located adjacent to the intersection of 2 streets, the ground floor space, and for a minimum distance of 50 feet in both directions from the street intersection, shall be limited to non-residential uses consisting of Entertainment or Retail uses. 4. Retail uses allowed in this zone may be permitted on the 20 ft. 5 ft. 5 ft. See notes 1, 2 and 120 Page 29 of 55 Memo | 27 USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ ground floor of stacked senior citizen or special needs housing with a minimum floor- to-ceiling height of 13 ft. 54. Primary building entries to residential, retail, or parking must face an arterial street with no multifamily residential ground-floor parking visible from arterial streets. 56. 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. 67. 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. 78. 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 Page 30 of 55 Memo | 28 USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ 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. 89. 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) For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 19.225.070 Multi-unit housing. (Continued) Page 31 of 55 Memo | 29 USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ 910. 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. 101. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 112. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 123. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 134. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 145. Chapter 19.270 FWRC contains regulations regarding home occupations. 156. For affordable housing requirements, see FWRC 19.110.010. 167. 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. Page 32 of 55 Memo | 30 USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ 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). 2117. Parking may be provided underground or above ground in structured parking or may be permitted as surface parking. 2218. Dwelling unit parking stalls are in addition to required parking for all nonresidential ground floor uses. 2319. 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. 2420. Required parking may be reduced under the provisions of FWRC 19.130.020(3) (a), (b), (c), and (d). 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, Page 33 of 55 Memo | 31 USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Height of Structure Required Parking Spaces SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear ⇩ ⇨ Chapter 19.65 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. Page 34 of 55 M E M O R A N D U M DATE: March 15, 2023 TO: Federal Way Planning Commission FROM: Evan Lewis, Associate Planner; evan.lewis@cityoffederalway.com; 253-835-2646 SUBJECT: Parks Impact Fee Code Update and Comprehensive Plan Amendment BACKGROUND The City of Federal Way Parks & Recreation Department proposes to establish a parks impact fee (PIF) to help fund parks projects that are necessary to serve and mitigate impacts from future growth in the City. A background document is attached which describes the proposed PIF methodology. Adoption of the parks impact fee involves the following two processes: 1) Amending the Capital Facilities Chapter of Federal Way’s Comprehensive Plan (Comp Plan), and the Federal Way Parks, Recreation and Open Space (PROS) Plan (which is adopted by reference in the Comp Plan Capital Facilities Chapter), to: a. Include the PIF as a parks funding mechanism to be charged for future residential and commercial development, based on the City’s most recently adopted growth targets and projects in the City’s Parks Capital Improvement Plan; and, b. In the PROS plan, identify 1) the addition of a new park or expansion of existing park(s) downtown Federal Way, and 2) the addition of an approximately 4-acre park in south Federal Way in the South Station subarea planning area, between approximately S 348th St. and S 364th St/S 364th Way, west of I-5 (approximate South Station planning boundaries are found at www.engagefw.com/southstation). Specific Downtown and South Station new park locations are to be determined. 2) Amend Title 19 (Zoning and Development) of Federal Way Revised Code to include the Parks Impact Fee, including a new Parks Impact Fee chapter similar to existing zoning code chapters for other types of impact fees. SEPA: A SEPA Determination of Non-Significance (DNS) was issued for the proposed PIF zoning code amendment on 2/24/23, and for the related Comp Plan amendment on 3/3/23. HEARINGS: Per FWRC 19.80, the PIF code amendment public hearing would be held by the Planning Commission. The PIF Comp Plan amendment hearing would be held by City Council if, as is intended, the amendment is to the Capital Facilities chapter and occurs concurrently with a city budget amendment. PIF KEY DATES LOOK-AHEAD 1) 4/5/23: PIF code amendment hearing held by Planning Commission 2) 4/11/23: PIF Comp Plan amendment Council PRHSPS Committee review 3) 4/18/23: PIF Comp Plan amendment combined Council hearing/1st reading (if forwarded from PRHSPS) 4) 5/1/23: PIF code amendment Council LUTC review 5) 5/16/23: PIF code amendment Council 1st reading (if forwarded from LUTC) ATTACHMENTS A. PIF methodology overview from FCS Group 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-7000 www.cityoffederalway.com Jim Ferrell, Mayor Page 35 of 55 |Memorandum Firm Headquarters Locations page 1 Redmond Town Center Washington | 425.867.1802 7525 166th Ave NE, Ste D-215 Oregon | 503.841.6543 Redmond, Washington 98052 Colorado | 719.284.9168 PARKS IMPACT FEE BACKGROUND The City of Federal Way (City) wishes to adopt a parks impact fee to help recover the costs of providing parks services to growth in an equitable manner. Impact fees have a specific definition and associated constraints in the state of Washington. Impact fees are allowed under RCW 82.02.050 through 82.02.110 and are permitted for: ⚫ Public streets and roads , ⚫ Publicly owned parks, open space, and recreation fa cilities , ⚫ School facilities , and ⚫ Fire protection facilities . The diagram below summarizes the basic outline of an impact fee calculation. ⚫ The eligible cost of capacity in existing facilities is the cost of existing park facilities that will serve growth. For a parks impact fee , determining the capacity in the existing system available for growth starts with determining the amount of existing parks facilities that are required for existing users , commonly measured in park acres . One method for doing so first calculates the system’s level -of-service after completion of the capital facilities plan. By applying that level -of- service target to the current population, the City can determine if it’s currently meeting its level - of-service target. If the City has more park facilities (such as park acres) than needed based on its level-of-service target, the cost of such facilities can be included in the existing facilities component of the impact fee. ⚫ The eligible portion of capacity increasing projects is the cost of future projects that will serve growth. Some projects are intended to only serve growth, some projects do not serve to increase the capacity of the City’s park system, and some serve the City’s current and future populations. Determining how projects fall into each category can again be done with a level -of-service calculation to estimate how many park acres (for example) are needed to serve growth given the Page 36 of 55 2/21/2023 City of Federal Way FCS GROUP Memorandum Parks Impact Fee Methodology page 2 City’s level -of-service target. Other projects that do not add a measurable number of parks facilities may still be eligible if they will serve both existing and future users. ⚫ The growth in system demand is the anticipated growth in the City’s population. However, as residents are not the only users of the City’s park system, employees of businesses within will be included as well, at a separate rate that reflects the parks demand characteristics of commercial developments. Finally, summing the existing facilities component with the future facilities component gives the fully calculated impact fee. Page 37 of 55 M E M O R A N D U M DATE: March 15, 2023 TO: Federal Way Planning Commission FROM: John Hutton, Parks Director & Jason H. Gerwen, Deputy Parks Director SUBJECT: Parks Impact Fee Background Background: Unlike the majority of cities in King County, Federal Way does not currently have a parks impact fee; a funding mechanism that state law allows cities to adopt to help pay for new or expanded parks capital facilities. According to the Municipal Research Services Center (MRSC), park impact fees must be used for “publicly owned parks, open space, and recreation facilities” that are addressed by a capital facility plan element of a comprehensive plan adopted under the Growth Management Act (GMA). See RCW 82.02.050(4) and RCW 82.02.090(7). Read the following MRSC article for additional background on impact fees: https://mrsc.org/explore-topics/planning/land-use-administration/impact-fees. The Federal Way Parks Department has sought a parks impact fee for more than a decade. Given both existing parks capital facilities and increased demand related to Federal Way’s new growth targets of appx. 11,000 new households and 20,000 new jobs by 2044, a parks impact fee is an important funding mechanism to establish right now on the front-end of this growth to ensure that park improvements that serve this growth are reliably funded. Federal Way’s Parks, Recreation, and Open Space (PROS) plan, which is currently adopted by reference as part of the Comprehensive Plan’s Capital Facilities Chapter, includes a policy to, “Prepare an impact fee analysis to determine the feasibility of using an impact fee system for park development and facilities improvements.” Consistent with this PROS Plan Policy D.2, on 8/15/2022 the Parks Department entered into a Professional Services Agreement with the Financial Consulting Solutions Group (FCS Group) to study and provide policy analysis, technical analysis, and policy solutions for the potential of applying park impact fees to residential and non-residential developments. The FCS Group is still working on initial parks impact fee amounts and revenue projections. At this time the City is looking at adopting park impact fees for both residential and commercial developments since both residents and employees can directly benefit from nearby parks and recreational facilities. 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-7000 www.cityoffederalway.com Jim Ferrell, Mayor Page 38 of 55 Page 39 of 55 Page 40 of 55 Page 41 of 55 M E M O R A N D U M DATE: March 15, 2023 TO: Federal Way Planning Commission FROM: Evan Lewis, Associate Planner; evan.lewis@cityoffederalway.com; 253-835-2646 SUBJECT: Follow-up on Planning Commission request from 2/15/23 meeting At its 2/15/2023 meeting, the Planning Commission requested more information about assumptions in the travel demand forecast model that Public Works staff uses to inform the Transportation Chapter and transportation capital projects. A slide deck is attached from Public Works Traffic Division staff which provides a high-level overview of the Travel demand model. The following two additional resources are provided from the Puget Sound Regional Council (PSRC) which describe the model and its assumptions: 1) Puget Sound 4K Model Documentation (link goes to a PSRC web page) 2) PSRC Model User’s Guide (link goes to 3/15/23 Planning Commission files page) If you would like additional information about the travel demand forecast model, contact Senior Transportation Planning Engineer Sarady Long at Sarady.Long@cityoffederalway.com or 253- 835-2743. Attachments 1) Travel Demand Model Overview Slides (from Federal Way Traffic Division Staff; presented a few years ago) 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-7000 www.cityoffederalway.com Jim Ferrell, Mayor Page 42 of 55 3/8/2023 1 3/8/2023 1 Introduction to Travel Demand Forecast Model Public Works Department Traffic Division 2 City of Federal Way Census Data Page 43 of 55 3/8/2023 2 3 Understanding Travel Demand Model Sarady Rick What is Travel Demand Forecast Model? A computer program/model that runs mathematical equations using input data to replicate and predict travel choices that individuals make. Where are people traveling to and from What routes and modes are they choosing to get there Planning Software: Emme, TransCAD, Cube, Visum 4 Page 44 of 55 3/8/2023 3 What is it use for? The Model provides information on how much traffic will be on our roadways in the future based on specified land use data. Guide the development of Long and Short Range Transportation Plans such as CIP and TIP. Assess traffic impact of development project on our transportation system. Scenario analyses….(What ifs…street extension, widening project, land use changes). Model provides information for us to make informed decisions. 5 How do we set up a travel model? What do you want in the model? 6 Page 45 of 55 3/8/2023 4 Two Models Base Year Model (2018 Existing) Forecast Year Model (2040 Future) 7 How do we set up a travel model? Divide the City into smaller subareas - Traffic Analysis Zones (TAZs). 8 Page 46 of 55 3/8/2023 5 Data Socioeconomic: Population – HH_Pop and Tot_Pop Households / Dwelling Units – Tot_HH, and HH by Income Levels, Auto Ownership School Enrollment Employment - Jobs break down by NAICS Sector, Manufacturing, Retail, FIRES, Education, Govt., etc.) Transportation Network: Rodway and Transit Networks - Facility Type, Lanes, Capacity, Free-Flow Speed, Traffic volume, Transit lines, etc. 9 Data Sources 10 Census Data – US Census Public Use Micro data (PUMS), US Census Standard Files, Census Transportation Planning Package (CTPP) Buildable Land Survey County Subdivision and Planning Data Comprehensive Plans Employment Services Department (ESD) Household Travel Survey - Trip Generation, distribution, mode choice, and time of day model Traffic Counts Page 47 of 55 3/8/2023 6 Land Use Data Table 11 Model Roadway Network 12 Page 48 of 55 3/8/2023 7 4-step Model Process 13 Trip Generation - How many trips? Trip Distribution - Where do the trips go? Mode Choices - Which travel modes do they use? Trip Assignment - By which route/path? Trip Generation (1st Step) 14 •Trip Productions and Trip Attractions –By Traffic Analysis Zone –By Trip Purpose (Home-based Work, Home-Based Shopping, Non-Home-Based, Home-School, Home-Other) –Total Productions and Attractions must be balanced Page 49 of 55 3/8/2023 8 Trip Distribution (2nd Step) 15 •How many trips between each zone –# trips produced at productions zone –# trips attracted at attraction zone –Impedance between zone Trip Distribution - Gravity Model 16 Page 50 of 55 3/8/2023 9 Trip Distribution: Trip Matrix 17 Mode Choice (3rd Step) 18 •Which travel mode will be used? –Auto (SOV, HOV2, HOV3+, etc) –Transit (bus, rail) –Non-Motorized (walk, bike) Page 51 of 55 3/8/2023 10 Trip Assignment (4th Step) 19 •From Step 1 – 3, we know how many trips there are, where they are going and the mode they are using. The last is the path they will take. •Several assignments methods Types: –All-or-nothing –Stochastic –Capacity Restraint –Equilibrium Trip Assignment (4th Step) 20 •The Path a Trip will likely take between two zones is based on: –Travel Time or Friction –Congestion (Volume Delay Function) –Turn Penalties & Prohibitions Page 52 of 55 3/8/2023 11 Trip Assignment Outputs 21 •Link volumes and speeds by time of day •Turning movements at intersections •Link V/C Ratio - Congestions Model PM Peak Link Volume Plot 22 Page 53 of 55 3/8/2023 12 Turning Movements at Intersection 23 Validation and Model Error 24 –Based Year Model Validation: Check the model output results against available screenline traffic counts and adjust until model results fall within an acceptable range of error. –Future Year Model: Check future year traffic projection for reasonableness. Page 54 of 55 3/8/2023 13 Questions? 25 Page 55 of 55