05-03-2023 Planning Commission Agenda Packet
PLANNING COMMISSION REGULAR MEETING AGENDA City Hall – Council Chambers May 3, 2023 – 5:00 p.m.
1. CALL MEETING TO ORDER 2. ROLL CALL
3. APPROVAL OF MINUTES
Planning Commission Meeting of April 5, 2023
4. PUBLIC COMMENT (Non-Hearing) 5. COMMISSION BUSINESS a. Memorandum- Residential Open Space Codes Updates Briefing
b. Memorandum- HAP Strategy #2 (Accessory Dwelling Unit)
6. STAFF BUSINESS
Manager’s Report
7. NEXT MEETING May 17, 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 Samantha Homan at 253-835-2601 or samantha.homan@cityoffederalway.com, no later than 5:00 p.m. on Tuesday, May 2, 2023.
Commissioners City Staff Lawson Bronson, Chair Keith Niven, Community Development Director Vickie Chynoweth, Vice Chair Samantha Homan, Office Manager Diana Noble-Gulliford www.cityoffederalway.com Tom Medhurst Tim O’Neil Anna Patrick Jae So Sanyu Tushabe, Alternate
Planning Commission Minutes April 5, 2023
PLANNING COMMISSION MINUTES City Hall – Council Chambers April 5, 2023 – 5:00 p.m.
1. CALL MEETING TO ORDER
Chair Bronson called the meeting to order at 5:00 pm. 2. APPROVAL OF MINUTES Commissioner Patrick moved the March 15, 2023 minutes be approved as presented; Second by Commissioner O’Neil; Motion passed 4-0 3. ROLL CALL Commissioners Present: Diana Noble-Gulliford, Anna Patrick, Tim O’Neil, Lawson Bronson, Jae So (not present) Commissioners. Excused: Tom Medhurst, Vickie Chynoweth
City Staff Present: City Administrator Brian Davis, Deputy Parks Director Jason Gerwen, City Attorney Kent van Alstyne, Associate Planner Evan Lewis, Senior Development Specialist Kari Cimmer 4. PUBLIC COMMENT
No public comment. 5. COMMISSION BUSINESS Public Hearing – Park Impact Fee Code Amendment Associate Planner Evan Lewis opened with a PowerPoint presentation of the Parks Impact Fee
proposed code amendments as outlined in the agenda packet. Mr. Lewis introduced John Ghilarducci of FCS Group, who went into details about the methodology of implementing the proposed fee. After Commission deliberations, Commissioner O’Neil moved to accept Option A “if the
planning commission determines that the proposal should be adopted, it may, by a majority
vote of the entire membership, recommend that City Council adopt the proposal”; Second by Commissioner Noble-Gulliford; Motion passed: 4-0. The vote was as follows: Commission Chair Bronson Yes Commissioner Noble-Gulliford Yes Commissioner O’Neil Yes Commissioner Patrick Yes
Commissioner O’Neil moved to close the hearing; Second by Commissioner Noble-Gulliford Vote: 4-0. The vote was as follows: Commission Chair Bronson Yes Commissioner Noble-Gulliford Yes Commissioner O’Neil Yes Commissioner Patrick Yes
Planning Commission ‘Rules of Procedure’ document was presented by City Attorney van
Page 2 of 10
Planning Commission Minutes April 5, 2023
Alstyne. The ‘Rules of Procedure’ document needs to formalize changes to the Meetings and Quorum sections.
Section II-C will change the meeting time to convene at 5:00 p.m. and adjourn by 9:00 p.m.
Sections IV-B and IV-C is updated to read: B. In the absence of a quorum of regular members, the Chair shall select an alternate (or
alternates, if necessary) to serve as temporary regular members. The Chair shall, at his or her
discretion, select which alternate or alternates will be elevated temporarily to regular members. C. In the absence of a quorum, all agenda items not disposed of in accordance with these rules and procedures shall be continued to the next regular commission meeting.
Commissioner O’Neil moved to update the Planning Commission ‘Rules of Procedure’ as discussed; Second by Commissioner Noble-Gulliford. Motion passed: 4-0. The vote was as follows: Commission Chair Bronson Yes Commissioner Noble-Gulliford Yes
Commissioner O’Neil Yes Commissioner Patrick Yes
Chair Bronson requested that a copy of the ‘Rules of Procedure’ and other pertinent documents be given to the Commissioners at the start of every calendar year.
6. MANAGER REPORT
Mr. Lewis presented a training opportunity for the Commissioners on May 18, 2023. Details will be emailed to all Commissioners on Thursday.
7. NEXT MEETING
April 19, 2023; 5:00 p.m. – Public Hearing 8. ADJOURNMENT Commissioner O’Neil moved that the meeting be adjourned; Second by Commissioner Noble-
Gulliford. Motion passed 4-0.
Meeting adjourned at 6:40 p.m.
ATTEST: APPROVED BY COMMISSION:
_______________________________________ _____________ KARI CIMMER, SENIOR DEVELOPMENT SPECIALIST DATE
Page 3 of 10
M E M O R A N D U M
DATE: May 3, 2023
TO: Federal Way Planning Commission
FROM: Evan Lewis, Senior Planner; evan.lewis@cityoffederalway.com; 253-835-2646
SUBJECT: Residential Open Space Code Updates Briefing – Part 1
Objective:
The Federal Way Planning Division is working on updates to Federal Way’s residential open space
requirements which:
1) Improve the consistency of open space definitions and requirements between housing types and
zones;
2) Clarify aspects of Federal Way’s residential open space requirements that create ambiguity and
confusion;
3) Implement Housing Action Plan (HAPI) recommendations related to residential open space; and
4) Update the method for calculating open space for subdivisions which would provide a consistent
open space calculation method between single family and multifamily.
This memo, and related slides that will be presented at the 5/3/23 Planning Commission meeting, are part one
of a two-part Planning Commission briefing on upcoming open space code updates. Draft code updates are
still being refined and are expected to be shared during the second briefing on this topic.
Context:
Federal Way, like many cities, currently requires both single-family and multifamily developments to provide
on-site open space that may be commonly owned and maintained among residents or, in some cases, dedicated
to the City. Below are a few visual examples of open space commonly required:
Residential Open Space Examples: Two examples on the left are from Z-Homes in Issaquah (image from MRSC); example on
the right is from a subdivision in Federal Way (image from Google Street View)
With some exceptions and within certain limits, when open space is not provided developers can request to
pay a fee in lieu of providing the open space. Such fee in lieu requests are reviewed and either approved or
disapproved by the Federal Way Parks Department.
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
Page 4 of 10
2
Most residential open space requirements are found in the following sections of Federal Way Revised Code:
1) Title 18 Subdivisions code; specifically FWRC 18.55 on subdivision design criteria.
2) Title 19 Zoning code; specifically use charts for multifamily residential uses within the Suburban
Estate (SE) zone (FWRC 19.195), Single-Family Residential (RS) zones (FWRC 19.200), Multifamily
Residential (RM) zones (FWRC 19.205), Neighborhood Business (BN) zones (19.215), Community
Business (BC) zones (FWRC 19.220), City Center Core (CC-C) zone (FWRC 19.225), City Center
Frame (CC-F) zone (FWRC 19.230), and Commercial Enterprise (CE) zone (FWRC 19.240).
Title 18 - Subdivisions
For residential subdivisions under Title 18, open space is required in the amount of 15 percent of the gross
land area of the subdivision site based on the following percentage breakdown:
Existing Title 18 Residential Open Space Requirement
Open Space Category % of Gross Land Area
Usable 10% minimum
Conservation No maximum or minimum
Buffer 2% maximum
Constrained 2% maximum
Title 19 - Zoning
Residential open space requirements associated with other residential uses, as specified in FWRC Title 19 Use
Charts, are primarily based on a certain square footage of open space per unit and subject to more prescriptive
requirements or guidelines defining that open space.
Code Updates Overview
Type of Update Explanation
Definition updates:
1) Clarify the meaning of
certain existing
definitions like ‘usable’
and ‘common’ open
space.
2) Differentiate between
‘active’ vs ‘passive’
usable open space.
3) Combine several existing
definitions into one, more
all-encompassing
definition of
‘encumbered’ open space.
Current open space definitions create ambiguities and possibly unintended
loopholes during development reviews. They do not sufficiently
differentiate between different types of ‘usable’ open space or identify
specific examples of what can be considered ‘usable’ open space. The code
updates address these issues and clarify definitions in the approximate
hierarchy and relationships shown below.
Calculation method
Change method of calculating
open space for subdivisions.
The method of calculating residential open space will be based on square
feet per unit, rather than as a percent of the total site area. This will make
the method of calculating required open space consistent between single
family subdivisions and multifamily.
Revise some Fee in Lieu of
Open Space processes
The method of calculating fees in lieu of open space may be updated
consistent with updates to the methods for calculating required open space.
The process for requesting and reviewing fee in lieu requests may also be
updated.
Page 5 of 10
3
Type of Update Explanation
Improve consistency of open
space requirements among
multifamily uses
Some multifamily uses are subject to different open space amounts and
requirements among different zones. For example, stacked multifamily
housing in the RM zone requires a minimum of 400 sq. ft. per unit of
usable open space, while stacked multifamily in the BN zone requires 150
sq. ft. of usable per unit. The proposed code updates will increase the
consistency of open space requirements for like-uses by zone.
Expand a 50% fee-in-lieu-of
common open space option,
currently allowed for a
small set of uses and zones,
to the BC zone
FWRC 19.115.115(4) currently allows the following: “A fee-in-lieu
payment may be made to satisfy up to 50 percent of the residential usable
open space requirement for the development of public parks and recreation
improvements.” This option is currently available to senior housing or
special needs housing in the RS, RM, BN, BC, CC-C and CC-F zones and
to multifamily housing in the CC-C and CC-F zones.
Expanding this option to the BC zone would be consistent with Housing
Action Plan Implementation recommendations.
Other possible changes Staff is considering other possible residential open space updates that
would be included among those described above at the 2nd briefing on this
topic.
Next Steps
1. SEPA Environmental Determination: 5/12/23
2. Briefing #2 for Planning Commission: 5/17/23
3. (if needed) Briefing #3 for Planning Commission: 6/7/23
4. Public Hearing: 6/21/23
Additional resources
1. MRSC article that provides an overview of some of the benefits, challenges and lessons learned
specific to multifamily open space: https://mrsc.org/stay-informed/mrsc-insight/archives/providing-for-
usable-open-space-for-multifamily-de. Some of the concepts may be relevant to both single family and
multifamily. This article is from 2012 so some of the examples from other cities may be out of date.
Page 6 of 10
1
DATE: April 26, 2023
TO: Planning Commission
FROM: Chaney Skadsen, Senior Planner Keith Niven, Community Development Director
SUBJECT: HAP Strategy #2 – Proposed ADU Code Amendments
PRESENTATION OBJECTIVE
1. Provide the Planning Commission an additional briefing on proposed code amendments addressing Accessory Dwelling Unit (ADU) ahead of the May 17th Public Hearing
2. Solicit feedback and input specifically on: a. Maximum size for an attached ADU b. Additional driveway width BACKGROUND Housing choice and housing affordability continue to be one the greatest challenges facing the Puget
Sound region. Rising demand continues to outpace supply and often does not result in the typology,
size, and price desired by existing and future residents.
In October 2021, the City Council approved the city’s Housing Action Plan which provides a
strategic road map for actions to encourage housing production, greater housing diversity, and
expand housing choices. The HAP identified 4 housing objectives and 8 strategies stated below:
Housing Objectives:
1. Promote new housing development that expands housing choices and is inclusive to community needs.
2. Encourage homeownership opportunities and support equitable housing outcomes.
3. Plan for continued growth and ensure that the built environment promotes
community development, and increases the quality of life for Federal Way’s existing
and future residents.
4. Preserve existing affordable housing stock to prevent displacement pressure.
Housing Strategies: 1. Promote a dense, walkable, mixed-use City Center as a complete neighborhood.
2. Promote mixed use, walkable, subareas and neighborhood centers. 3. Increase diversity in housing choice through expanding missing middle development
opportunities. 4. Encourage Accessory Dwelling Unit production
5. Ensure that financial and regulatory incentives for mixed-income housing are effective. 6. Review school impact fees on multifamily housing.
MEMORANDUM Community Development Department
Page 7 of 10
2
Implementation
- Modify zoning and development regulations to remove potential barriers to ADU production
- Streamline permitting to promote ADU production
BACKGROUND
ADUs are small living spaces that share a parcel with an existing or concurrently-built house (the
primary dwelling unit). ADUs come in many configurations such as; attached located in the
basement, attic, garage conversion, or detached backyard cottage or garage apartment, that are not
connected to a house. ADUs provide an accessible housing opportunity for intergenerational
households, aging populations, people with disabilities, as well as, other household forms through
the unique opportunity to create an independent living space added to an existing lot.
Accessory dwelling units are increasingly popular particularly among property owners. Frequently
the applicants for ADUs are the property owners themselves and often lack familiarity with local
permitting and are not involved in the commercial development or construction industry.
PLANNING COMMISSION FOLLOW-UP ADU PERMITING COSTS There are a number of costs associated with the construction of a new ADU or conversion of an existing space or structure into an ADU, such as material, labor, permitting, infrastructure, etc. The costs within the City of Federal Way’s control are the fees charged for permitting, such as the ADU permit, building permit, and school impact fees. The price of the building permit is calculated based on the estimated project valuation value of the improvement and may include plumbing, mechanical, and electrical permit fees. ADUs are also charged the single-family school impact fee. The school impact fees for single-family is currently $0, but was recently $7,221 in 2019. Over the last 5 years on average, school impact fees were the largest portion of fee Permit Cost ADU Example 1 Premanufactured ADU AU Permit 2021 SF Permit 2022
ADU Example 2 Detached ADU AU Permit 2021 SF Permit 2022
ADU Example 3 Detached ADU AU Permit 2021 SF Permit 2021
ADU Permit $548 $548 $548 Building Permit $846 $3,562 $2,654 School Impact Fee $1,845 $1,845 $3,243 Total $3,239 $5,955 $6,445
Page 8 of 10
3
Since the City of Federal Way is not a full-service city, there are some services required for an ADU that are not permitted by the City, such as sewer and water connection. Additionally, there are peer cities that charge ADUs park impact fees, fire impact fees, and transportation impact fees that applicants in Federal Way are not charged.
SUMMARY OF PROPOSED CHANGES Streamline permitting process
1. FWRC 19.15.020 Exemptions Exempt ADUs from land use review, allowing applicants to go straight to building permit. Reduce cost for ADU production 2. FWRC 19.95.060 Exemptions and credit Exempt ADUs from school impact fees and remove ADU permit review
Remove regulatory barriers
3. FWRC 18.55.040 Cluster Subdivisions & FWRC 19.250.170 General provisions.
Allow ADU in Cluster Subdivisions in Single Family Zones
4. FWRC 19.05.010 A definitions.
Amend the definition of Accessory to clarify that ADUs can be taller than the primary dwelling unit
5. FWRC 9.130.240 Driveways and parking areas.
Make it easier for applicants to meet the parking requirement by adding flexibility and increasing the area in which a car is allowed to be parked within the front yard
6. FWRC 19.195.180 ADUs in the Suburban Estates Zone FWRC 19.200.180 ADUs in Single-Family Zones
Exempt legally nonconforming lot from meeting minimum lot size. Allow home occupations within an ADU. Remove owner occupancy requirement. Increase maximum size up to 1,000
or one floor area 7. FWRC 19.270.030 Home occupations
Allow home occupations within an ADU
ATTACHMENTS
Adopted School Impact Fees 2001-2023 PROPOSED SCHEDULE 5/17 Planning Commission Public Hearing
6/5 LUTC Presentation
6/20 City Council First Reading
7/5 City Council Second
Reading
Page 9 of 10
City of Federal Way Adopted School Impact Fee
Single Family
Impact Fee
Multi-Family
Impact Fee
2023 $0 $0
2022 $1,845 $15,073
2021 $3,243 $16,003
2020 $5,035 $20,768
2019 $7,221 $19,454
2018 $6,842 $20,043
2017 $3,198 $8,386
2016 $2,899 $9,273
2015 $5,171 $1,834
2014 $4,464 $1,562
2013 $4,014 $1,381
2012 $4,014 $1,253
2011 $4,014 $2,172
2010 $3,832 $2,114
2009 $4,017 $1,733
2008 $3,883 $1,647
2007 $3,018 $856
2006 $3,393 $895
2005 $2,868 $905
2004 $3,269 $940
2003 $3,894 $1,094
2002 $2,616 $896
2001 $2,710 $830
Page 10 of 10