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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