05-01-2023 LUTC PacketcIry or
Federal Way
Land Use & Transportation (LUTC)
Council Committee Regular Meeting Agenda
May 1, 2023 City Hall
5:00 p.m. Council Chambers*
The City Council may amend this regular meeting agenda and act on items not currently listed. Regular Meetings
are recorded and televised live on Government Access Channel 21. To view meetings online,
agenda materials, and access public comment sign-up options, please visit www.cityoffederalway.com.
*Remote attendance options available via Zoom meeting code: 809 975 640 and passcode: 595617
1. CALL TO ORDER
2. PUBLIC COMMENT
3. COMMITTEE BUSINESS
Topic Title/Description
A. Approval of Minutes April 3, 2023
B. Limited License Agreement with the City of Kent
C. RESOLUTION: Setting a Public Hearing Date for the
2024-29 Transportation Improvement Program
D. Pacific Hwy S Non -Motorized Corridor Phase 1 —
Authorization to Bid
E. ORDINANCE: Park Impact Fee
F. ORDINANCE: Housing Action Plan Implementation Code
Amendments
G. Progress Update on Sound Transit Projects in Federal
Way
Presenter(s) Page Action Council Date
or Info
2 Action N/A
Cole
5
Action
05/16/23
Consent
Perez
9
Action
5/16/23
Consent
Cole
13
Action
5/16/23
Consent
Gerwen
17
Action
5/16/23
Ordinance
Niven
56
Action
5/16/23
Ordinance
Walsh 95 Info Only N/A
4. OTHER
5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be June 5, 2023 at 5:00 p.m.
6. ADJOURNMENT
Committee Members City Staff
Jack Dovey, Chair EJ Walsh, P.E., Public Works Director
Jack Walsh, Member Sara Gilchrist Administrative Assistant H
Hoang Tran, Member (253) 835-2700
City of Federal Way
City Council
Land Use & Transportation Committee
April 3, 2023 City Hall
5:00 p.m. Council Chambers
MEETING SUMMARY
Committee Members in Attendance: Committee Chair Jack Dovey, Council Member Hoang Tran, and
Council Member Jack Walsh.
Other Councilmembers in Attendance: Council President Linda Kochmar, and Deputy Mayor Susan
Honda.
Staff in Attendance: City Administrator Brian Davis, Assistant City Attorney Kent Van Alstyne, Public
Works Director El Walsh, Community Development Director Keith Niven, City Traffic Engineer Rick Perez,
Sound Transit Liaison Kent Smith, Surface Water Quality Program Supervisor Kevin Du, Senior Traffic
Engineer Kathy Davis, Senior Planner Evan Lewis, and Administrative Assistant II Sara Gilchrist.
1. CALL TO ORDER: Chair Dovey called the meeting to order at 5:00 PM
2. PUBLIC COMMENT: Trent Mummery spoke on the Development Agreement for item E.
Chair Dovey granted the request to allow public comments until later in the meeting, during
agenda item D. The following public comments were given at that time: Sally McClean, and
Ian Morrison spoke on School Impact Fees. Clifford Cawthor spoke on affordable housing.
3. COMMITTEE BUSINESS:
Topic Title/Description
A. Approval of Minutes: March 6, 2023
Committee approved the March 6, 2023 LUTC minutes.
• Moved: Walsh
• Seconded: Tran
• Passed: 3-0 unanimously
B. RESOLUTION: Intent to Renew the Steel Lake Management District (SLMD) Number 1
and Setting of a Public Hearing Date of June 6, 2023
Surface Water Quality Specialist Dan Sternkopf presented the SLMD Resolution for approval,
including background information. Questions and discussion followed.
Committee forwarded Option #1 (Authorization to proceed) to the April 18, 2023 Consent
Agenda for approval.
Moved: Tran
Seconded: Walsh
Passed: 3-0 unanimously
Committee Members
Jack Dovey, Chair
Hoang V. Tran, Member
Jack Walsh, Member
City Staff
EJ Walsh, P.E., Public Works Director
Sara Gilchrist, Administrative Assistant II
(253) 835-2706
C. Pollution Prevention Assistance Partnership — Authorization to Apply for Interagency
Agreement
Surface Water Quality Program Supervisor Kevin Du presented the Pollution Prevention Assistance
Partnership for authorization, including background information. Questions and discussion followed.
Committee forwarded Option #1 (Authorization to proceed) to the April 18, 2023 Consent
Agenda for approval.
• Moved: Walsh
• Seconded: Tran
• Passed: 3-0 unanimously
D. ORDINANCE: Housing Action Plan Implementation (HAPI) Code Amendments
Senior Planer Evan Lewis presented the HAPI Ordinance Amendments for approval, including
background information. Questions and discussion followed.
The Committee tabled the HAPI ordinance amendments to the May 1, 2023 LUTC meeting
for further discussion.
• Moved: Walsh
• Seconded: Tran
• Passed: 3-0 unanimously
E. TC-3 Letter of Intent to Award and Initiation of Development Agreement
City Administrator Brian Davis presented on behalf of Keith Niven for the TC-3 Letter of Intent to
Award and Initiation of Development Agreement for approval, including background information.
Questions and discussion followed.
Committee forwarded Option #1 (Authorization to proceed) to the April 18, 2023 Business
Agenda for approval.
• Moved: Tran
• Seconded: Walsh
• Passed: 3-0 unanimously
21st Ave S and S 320t' Signalization and Pedestrian Improvements Authorization to Ad
Sound Transit Liaison Kent Smith presented the 215t Ave S and S 320th Signalization and Pedestrian
Improvements Authorization to Ad for approval, including background information. Questions and
discussion followed.
Committee forwarded Option #1 (Authorization to proceed) to the April 18, 2023 Consent
Agenda for approval.
• Moved: Walsh
• Seconded: Tran
• Passed: 3-0 unanimously
Committee Members City Staff
Jack Dovey, Chair EJ Walsh, P.E., Public Works Director
Hoang V. Tran, Member Sara Gilchrist, Administrative Assistant II
Jack Walsh, Member (253) 835-2706
G. Authorization to Accept Conservation Futures Tax Levy (CFT) Grant
Sound Transit Liaison Kent Smith presented the CFT Grant for acceptance, including background
information. Questions and discussion followed.
Committee forwarded Option #1 (Authorization to proceed) to the April 18, 2023 Consent
Agenda for approval.
• Moved: Tran
• Seconded: Walsh
• Passed: 3-0 unanimously
H. Dish Wireless L.L.C. Site Lease Agreement — Lakota Park
Assistant City Attorney Kent Van Alstyne presented the Dish Wireless L.L.C. Site Lease Agreement for
approval, including background information. Questions and discussion followed.
Committee forwarded Option #1 (Authorization to proceed) to the April 18, 2023 Consent
Agenda for approval.
• Moved: Walsh
• Seconded: Tran
• Passed: 3-0 unanimously
I. 376th Road Study Findings
City Traffic Engineer Rick Perez reported on the 376th St Road Study Findings, including background
information. Questions and discussion followed.
J. Progress Update on Sound Transit Projects in Federal Way
Sound Transit Liaison Kent Smith reported on current activities regarding Sound Transit projects,
including background information. Questions and discussion followed.
4. OTHER: Question on the Park Impact Fees, and School Impact Fees progress.
5. FUTURE MEETINGS/AGENDA ITEMS:
6. The next LUTC meeting will be held May 1, 2023 at 5:00 p.m. in City Hall Council Chambers
and via Zoom.
7. ADJOURNMENT: The meeting was adjourned at 06:56 p.m.
Attest:
Sara Gilchrist, Administrative Assistant II
Approved by Committee:
Date
Committee Members
Jack Dovey, Chair
Hoang V. Tran, Member
Jack Walsh, Member
City Staff
EJ Walsh, P.E., Public Works Director
Sara Gilchrist, Administrative Assistant II
(253) 835-2706
COUNCIL MEETING DATE: May 16, 2023 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: LIMITED LICENSE AGREEMENT WITH THE CITY OF KENT
POLICY QUESTION:
Should the Council authorize entering into a limited license agreement with the City of Kent to provide conduits
for the city of Federal Way's fiber optic network?
COMMITTEE: LUTC MEETING DATE: May 1, 2023
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: John Cole, EIT �l DEPT: Public Works/Engineering
Attachments: 1. LUTC Memorandum dated May 1, 2023
2. Limited License between the City of Kent and the City of Federal Way
3. Exhibit A — Legal Description of Licensed Area
4. Exhibit B — Map of Licensed Area
Options Considered:
1. Approve the proposed agreement.
2. Do not approve the proposed agreement and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: 2 DIRECTOR APPROVAL: � N 1'43h3
Committee C6uncir Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option I to the May 16, 2023 consent agenda for
approval.
Jack Dove , Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to
execute said agreement. "
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: May 1, 2023
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, PE, Public Works Director-4^"r
John Cole, EIT, Civil Engineer /Z �--P
SUBJECT: Limited License Agreement with the City of Kent
Financial Impacts:
The Limited License Agreement between the City of Kent and the City of Federal Way will be a
no cost agreement. The cost associated with this agreement are covered under the Fiber Loop
Project and was included within the approved Capital Transportation Budget (Fund 306, Project
239) and is funded by Sound Transit Mitigation Fees. Upon completion of the Limited License
between the City of Kent and the City of Federal Way, future costs associated with the Fiber
Loop Project will be operations and maintenance which are anticipated to be relatively minor
covered by the Information Technology budget, except for instances where the fiber optic system
is significantly damaged.
Background Infurmation:
This Limited License between the City of Kent and the City of Federal Way will allow the
connection on S 272°d"St, between S Star Lake Road and Pacific Highway S of the Fiber Loop
Project. A portion of this path will be the sharing of a 3-inch conduit provided to the City of
Kent by Sound Transit, the remainder will be access to City of Kent's right-of-way to install two
City of Federal Way 3-inch conduits. In exchange for use of right-of-way and a portion of City
of Kent's conduit, the City of Federal Way will install and supply one empty 3-inch conduit for
the City of Kent's use.
Funding:
This is a no cost agreement between the City of Federal Way and City of Kent.
Rev. 6/2020
Exhibit A
THE NORTH 50 FEET OF THE EAST 1,186 FEET OF THE WEST 2,133 FEET OF SECTION
33, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON,
LYING WITHIN THE CITY OF KENT CORPORATE LIMITS AS ESTABLISHED UNDER CITY
OF KENT ORDINANCE NO. 3351.
ALSO, THE SOUTH 30 FEET OF THE EAST 1,186 FEET OF THE WEST 2,133 FEET OF
SECTION 28, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON.
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COUNCIL MEETING DATE.. May 16. 2023 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: RESOLUTION: SETTING A PUBLIC HEARING DATE FOR THE 2024-29 TRANSPORTATION
IMPROVEMENT PROGRAM
POLICY QUESTION: Should City Council pass a resolution setting a public hearing on June 20, 2023, for the
adoption of the 2024-29 Transportation Improvement Program?
COMMITTEE: Land Use and Transportation
MEETING DATE: May 1, 2023
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ® Resolution ❑ Other
STAFF REPORT BY: Rick Perez.,.P.E., CityTraffic En weer � DEPT: Public Works
.__ _......._.__..........._........._._..�__...._....__
Attachments: 1. Staff Report
2. Resolution
Options Considered:
1. Approve proposed resolution.
2. Do not approved proposed resolution and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: DIRECTOR APPROVAL:
Comm ce Council Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the May 16, 2023 consent
agenda for approval.
Jack Dove , Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED— 1/2022
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: May 1, 2023
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Directoe4�
Rick Perez, P.E., City Traffic Engineer
SUBJECT: Resolution: Setting a Public Hearing Date for the 2024-29 Transportation
Improvement Program
Financial Impacts:
None.
Background Information:
In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of
Washington, the City of Federal Way adopted its original Transportation Improvement Program
(TIP) on July 23, 1991. The City is also required to adopt a revised TIP on an annual basis to
reflect the City's current and future street and arterial needs.
The City is required to hold a minimum of one public hearing on the revised plans. Staff proposes
that this occur at the June 20, 2023 City Council meeting. Once the revised plans have been
adopted by Resolution, a copy of the respective plans must be filed with the Washington State
Secretary of Transportation and the Washington State Transportation Improvement Board. The
proposed resolution sets the public hearing date for the June 20, 2023 City Council meeting. The
TIP will also be presented to the Land Use and Transportation Committee on June 5, 2023.
Rev. 6/2020
RESOLUTION NO.
A RESOLUTION of the City of Federal Way, Washington, setting a
Public Hearing date of Tuesday, June 20, 2023 for adoption of a revised
Six -Year Transportation Improvement Program.
WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the City
Council of the City of Federal Way must adopt a revised and extended Six -Year Transportation
Improvement Program ("TIP") annually; and
TIP.
WHEREAS, a public hearing must be held prior to the adoption of the revised and extended
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Public Hearin. A public hearing shall be held on the 2024-29 Federal Way
Transportation Improvement Program at 7:00 p.m. on Tuesday, June 20, 2023, at the Federal Way
City Hall Council Chambers.
Section 2. Severabil . If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Resolution No. 23- Page 1 of 2
Rev 1/22
Section 4. Ratification. Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 20 .
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No. 23-
Page 2 of 2
Rev 1 /22
COUNCIL MEETING DATE: May 16, 2023 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PACIFIC Hwy S NON -MOTORIZED CORRIDOR PHASE 1— AUTHORIZATION TO BID
POLICY QUESTION: Should the City Council authorize staff to advertise the Pacific Hwy S Non -Motorized
Corridor Phase 1 project and return to LUTC and Council for bid award, further reports, and authorization?
COMMITTEE: Land Use and Transportation MEETING DATE: May 1, 2023
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑; "/Resolution El Other
STAFF REPORT BY: John Cole, Civil Engineer `Z DEPT: Public Works
Attachments: 1. LUTC Memo dated May 1, 2023
2. Vicinity Map
Options Considered:
1. Authorize staff to advertise the Pacific Hwy S Non -Motorized Corridor Phase 1 project and
return to LUTC and Council for bid award, further reports and authorization.
2. Do not authorize staff to proceed with this project and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the May 1.6, 2023 City Council
consent agenda for approval.
MAYOR APPROVAL: DIRECTOR APPROVAL:t [��3
comnlittee Council Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the May 16, 2023 City Council consent agenda
for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to advertise the Pacific Hwy S Non -Motorized
Corridor Phase 1 project and to return to L UTC and Council for bid award, further reports and authorization "
BELOW TO BE COMPLETED BY CITY CLERKS OFFICE
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 4/2019 RESOLUTION #
CITY OF FEDERAL. WAY
MEMORANDUM
DATE:
May 1, 2023
TO:
Land Use & Transportation Committee
VIA:
Jim Ferrell, Mayor
EJ Walsh, P.E., Public Works Director
FROM:
John Cole, Civil Engineer A �z
SUBJECT: Pacific Hwy S Non -Motorized Corridor Phase 1 — Authorization to Bid
Financial Impacts:
The cost to the City for Pacific Hwy S Non -Motorized Corridor project was included within the
approved budget under the Public Works Department, budget line 36219. In accordance with the
approved budget, this item is funded by federal STPUL grant, two federal CMAQ grants, a
WSDOT Safe Routes to School grant, Traffic Impact fees and REET funds. Upon completion of
the Pacific Hwy S Non -Motorized Corridor Phase 1, ongoing costs associated with operations and
maintenance will be performed and funded through streets maintenance. Funding requirements
for operations and maintenance of infrastructure is reviewed and adjusted as required during the
budget process.
Background Information:
This project provides a non -motorized shared -use path along the Pacific Highway S corridor, with
Phase 1 extending from S 304th Street to S Dash Point Road. The Phase 1 improvements will
include pathway surfacing, minor grading, storm water infrastructure, and illumination. The
project will be constructed in two phases.
The following provides a brief synopsis of the progress on this project to date. Currently the
project design is approximately 95% complete, which includes the following completed tasks:
• Project Design to 95%
■ WSDOT Coordination
• Community Engagement
• NEPA/SEPA Approval
Ongoing tasks include
• Final Contract Specifications
■ Project Design to 100%
• Complete Right of Way acquisition
Rev. 6/2019
May 1, 2023
Land Use and Transportation Committee
Pac Hwy Non -Motorized Corridor — Phase 1
Page 2
P1.06ect Costs:_
Estimated Expenditures
Design
Right of Way
Construction
Construction Contingency
Construction Mgmt and Inspection
Construction Total
Total Estimated Expenditures
Available Funding
Grant (Federal — STPUL)
Grant (Federal — CMAQ)
Grant (Federal — SRTS)
Real Estate Excise Tax
Fuel Tax
Mitigation/Traffic Impact Fees
Phase 1
$470,000
$100,000
$1,920,500
$288,000
$376,500
$2.585.000
$3,155,000
$275,000
$100,000
$1,835,000
$345,000
$200,000
S400,000
$3,155,000
Phase 1 of the project is expected to go out to bid Spring 2023 after completion' of the Right of
Way acquisition. Phase 2 construction is currently scheduled for 2026. Staff will return to Council
for award of Phase 1 and for future approvals for Phase 2.
® Project Location
Parcels
COUNCIL MEETING DATE: May 16, 2023
ITEM #: -
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: PARK IMPACT FEE
POLICY QUESTION: Should the City Council authorize the implementation of a Park Impact Fee?
COMMITTEE: LUTC
MEETING DATE: May 1, 2023
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jason Gerwen, Parks Deputy Director DEPT: Parks & Recreation
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:
Cammittix
Initial/Date
23 F �DIRECTORAPPROVAL�
Corns LS_" Instia]IIJ -
Initial/Date Acr►
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on May 16, 2023.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE MAY 16, 2023: "I move to forward the proposed ordinance to the .Tune 6,
2023, Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE MAY 6, 2023: "I move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 11/2019 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: 5/l/2023
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: John Hutton, Parks Director & Jason H. Gerwen, Deputy Parks Director
SUBJECT: Ordinance: Park Impact Fee
Financial Impacts:
The revenue to the City generated by implementing a Park Impact Fee will be variable and
will be credited to the Parks Department, creating a new budget line. There is no cost to the
City to receive these funds.
Bachuound Information:
The City of Federal Way Parks Department proposes to establish a Park Impact Fee ("PIF")
to help fund parks projects that are necessary to serve and mitigate impacts from future
growth in the City. In order to facilitate the creation of a PIF, the proposed Ordinance amends
Title 19 (Zoning and Development) of Federal Way Revised Code to include a new Park
Impact Fee chapter similar to existing zoning code chapters pertaining to other types of
impact fees (Transportation and School impact fees).
The Parks Department believes that adoption of a PIF is in the best interest of the citizens of
Federal Way because the Parks Department has historically been underfunded resulting in the
City falling behind in new development and expansion of parks, open space, and recreation
capital facilities. Without a PIF, tax payers will continue to unfairly bear the -burden of
additional demand on the Parks system as a result of growth and development. As a result,
the Parks Department is in need of a dedicated funding source to ensure the Parks
Department can provide system improvements which will have a positive effect on the
community for generations.
In order to form the basis for determining and calculating an appropriate PIF in the City, the
Parks Department entered into a Professional Services Agreement with the Financial
Consulting Solutions Group ("FCS Group") in August, 2022, to study and provide policy
analysis, technical analysis, and policy solutions for the implementation of a park impact fee
on residential and non-residential developments.
FCS Group's scope of services included multiple tasks. Tasks started with policy analysis to
identify policy options available to the City. Technical analysis included: estimating existing
and future customer base, eligible cost of existing projects, eligible cost of planned projects,
Rev. 7/18
calculating an impact fee schedule and funding plan. Additionally, FCS Group supported
staff in developing the draft ordinance and draft report. They are tasked with delivering a
final report once we have gone through the City Council process.
This non -project action has been through State Environmental Policy Act ("SEPA") review
which was issued on February 24, 2023 as a procedural action that contains no substantive
changes respecting the use or modification of the environment. The SEPA comment period
closed on March 10, 2023, with no comments received. The SEPA appeal process ended on
March 31, 2023 with no comments received.
The Planning Commission conducted a duly noticed public hearing on these code
amendments on April 5, 2023. The City received two comments via letter that were entered
as part of the record of said hearing. The hearing concluded with the Planning Commission
voting unanimously to forward the proposed Park Impact Fee ordinance to City Council with
a recommendation of adoption.
The Land Use & Transportation Committee of the City Council will review these code
amendments on May 1, 2023.
A draft report dated March 29, 2023 is attached which describes in detail the proposed PIF
policy methodology and technical analysis.
Rev. 7/18
ORDINANCE NO.23-
AN ORDINANCE of the City of Federal Way, Washington, relating to
the establishment of a Park Impact Fee; adding a new Chapter 19.92 to
Title 19 of the Federal Way Revised Code, including sections 19.92.010,
19.92.020, 19.92.030, 19.92.040, 19.92.050, 19.92.060, 19.92.070,
19.92.080, 19.92.090, 19.92.100, 19.92.110, 19.92.120, 19.92.130,
19.92.140,19.92.150, and 19.92.160.
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code ("FWRC"), "Zoning and Development Code," 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 City Council finds that new growth and development in the City will
create additional demand and need for public facilities; and
WHEREAS, the City is authorized by Chapter 82.02 RCW to require new growth and
development within the City to pay a proportionate share of the cost of new facilities to serve such
new development activity through the assessment of impact fees; and
WHEREAS, the impact fees assessed pursuant to Chapter 82.02 RCW must be based upon
a showing that new growth and development creates additional demand and need for public
facilities, that the impact fees do not exceed a proportionate share of the costs of such additional
public facilities, and that the fees are spent for facilities reasonably related to the new growth and
development; and
WHEREAS, the City is authorized by Chapter 82.02 RCW to also impose impact fees for
system improvement costs previously incurred by the City to the extent that new growth and
development will be served by the previously constructed improvements; and
Ordinance No. 23- Page 1 of 36
Rev 1 /22
WHEREAS, RCW 82.02.090(7) specifically authorizes cities to assess impact fees for
publicly owned parks, open space, and recreation facilities; and
WHEREAS, impact fees may be collected and spent only for system improvements that
are included within the capital facilities element of the City Comprehensive Plan; and
WHEREAS, the City has adopted a list of parks, recreation, and open space capital
facilities in the Parks, Recreation, and Open Space Plan ("PROS Plan"); and
WHEREAS, the PROS Plan is adopted by reference into the capital facilities element of
the Comprehensive Plan; and
WHEREAS, the Parks Department has historically been underfunded resulting in the City
falling behind in new development and expansion of parks, open space, and recreation capital
facilities; and
WHEREAS, the Parks Department is therefore in need of a dedicated funding source to
ensure the Parks Department can provide system improvements which will have a positive effect
on the community for generations; and
WHEREAS, without a park impact fee, the tax payers would unfairly bear the burden of
additional demand on the Parks system as a result of future growth and development; and
WHEREAS, the City has conducted extensive research and analysis documenting the
impact of new growth and development on public parks, open space, and recreation facilities, and
has prepared a Park Impact Fee Study (on file with the Federal Way Parks Department and attached
as Exhibit A to this Ordinance) that incorporates policy and technical analysis regarding the need
for and calculation of a park impact fee; and
WHEREAS, the Park Impact Fee Study utilizes a methodology for calculating park impact
Ordinance No. 23- Page 2 of 36
Rev 1 /22
fees which fulfills all of the requirements of RCW 82.02.060(1); and
WHEREAS, this Ordinance contains provisions which fully comply with the requirements
of RCW 82.02.060(5)—(7); and
WHEREAS, based on the Park Impact Fee Study and other relevant information, the
Council has determined that the City is composed of a single service area for purposes of assessing
transportation impact fees consistent with RCW 82.02.060(9); and
WHEREAS, the Park Impact Fee Study recommended the implementation of a park impact
fee; and
WHEREAS, the Council finds that it is in the public interest, and consistent with the intent
and purposes of the Growth Management Act, RCW 36.70A, for the City to adopt park impact
fees which are uniform to the greatest extent practicable; and
WHEREAS, this non -project action has been through SEPA review as a procedural action
that contains no substantive changes respecting the use or modification of the environment and
closed on March 10, 2023, with no comments or appeals received; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on this
code amendment on April 5, 2023, and voted unanimously to forward the Park Impact Fee code
amendments to the City Council without modification; and
WHEREAS, the Land Use & Transportation Committee of the City Council of the City of
Federal Way reviewed this code amendment on May 1, 2023; and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to
FWRC 19.35.010.
Ordinance No. 23- Page 3 of 36
Rev 1 /22
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 amendment.
(a) The recitals set forth above are hereby adopted and restated as findings of fact.
This code amendment is in the best interest of the residents of the City because it will
provide the Parks Department with a dedicated funding source which will help ensure the Parks
Department can provide system improvements to benefit new development and will benefit the
City as a whole by ensuring sufficient public parks, recreation, and open space facilities are
available for the citizens of the City.
(b) This code amendment complies with Chapter 36.70A RCW, Growth Management.
(c) This code amendment is consistent with the intent and purpose of its title under
FWRC and will implement and is consistent with the applicable provisions of the Federal Way
Comprehensive Plan as described in Section 2 below.
(d) This code amendment bears a substantial relationship to, and will protect and not
adversely affect, the public health, safety, and welfare.
(e) This code amendment has followed the proper procedures 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 amendment:
Ordinance No. 23- Page 4 of 36
Rev 1 /22
(a) The proposed FWRC amendment is consistent with, and substantially implement,
the following Federal Way Comprehensive Plan goals and policies:
Capital Facilities Goal 4: Provide adequate funding for capital facilities in Federal Way to
ensure the FWCP vision and goals are implemented.
Capital Facilities Policy 25: Pursue funding strategies that require new growth and development
to pay its fair share of the cost of facilities that are required to
maintain adopted level of service standards. One such strategy that
should be implemented in the near term is an impact fee program for
parks.
Capital Facilities Policy 27: Use the following available contingency strategies should the City
be faced with capital facility funding shortfalls:
Increase revenues by selling general obligation bonds,
enacting utility taxes, imposing impact fees, and/or
raising property tax levy rates.
City Center Policy 11: Provide adequate funding for capital facilities in Federal Way to
ensure the FWCP vision and goals are implemented
City .Center Goal 16: Develop civic and cultural facilities in addition to a public space
and park system within the City Center to meet the needs of
residents, employees, and visitors. These facilities and spaces
should connect to the Citywide and regional system of public
spaces, parks, and trails.
PROS Plan Goal D.1; Policy D.2: Prepare an impact fee analysis to determine the feasibility of using
Ordinance No. 23- Page 5 of 36
Rev 1/22
an impact fee system for park development and facilities
improvements.
(b) The proposed FWRC amendment bears a substantial relationship to the public
health, safety, and welfare because the amendment provides provisions in the code to ensure
sufficient public parks, recreation, and open space facilities are available for the citizens of the
City, and such facilities benefit the public health, safety, and welfare.
(c) The proposed amendment is in the best interest of the public and the residents of
the City of Federal Way as it will provide the Parks Department with a dedicated funding source
which will help ensure the Parks Department can provide system improvements to benefit new
development and will benefit the City as a whole by ensuring sufficient public parks, recreation,
and open space facilities are available for the citizens of the City.
Section 3. A new Chapter 19.92 is hereby added to Title 19, "Zoning and Development
Code," to read as follows:
Chapter 19.92 Part: Impact Fees
19.92.010 Title.
This cha ter shall be hereinafter known as the cily of Federal Way Park Im act Fee (PE .
19.92.020 Purpose and intent.
The purpose and intent of this chapter is for the collection of impact fees for public parks. open
space, and recreation facilities and providing for certain other matters in connection therewith.
19.92.030 Findings and authority.
The cily council of the city of Federal Way hereby finds and determines that development
activities includinj4 but not limited to new residential commercial retail office and industrial
Ordinance No. 23- Page 6 of 36
Rev 1/22
development, in the efty of Federal Way will create additional demand and need for public facilities
in the city, and the council finds that such new gLowth and development should RU a proportionate
share of the cost of new facilities needed to serve the new growth and development. The city of
Federal Way has conducted extensive research and analysis documenting the procedures for
measuring the impact of new developments on public facilities has pKMared the "Park Im act Fee
Study", City of Federal Way" dated Ma , 2023 "PIF study"). and incoKporates that PIF study into
this title by this reference. The PIF study utilizes a methodoloav for calculating impact fees that
fulfills all of the re uirements of RCW 82.02.060(l). A copy of the PIF study shall be kept on file
with the city clerk and is available to the public for review. Thereforepursuant to Chapter 82.02
RCW, the council adopts this cha ter to assess im act fees for p4blicly owned parks, open space,
and recreation facilities. The pLovisions of this cha ter shall be liberally construed in order to cga
out the VuMoses of the council in establishing the impact fee proglam.
19.92.040 Definitions.
The following words and terms shall have the following meanings for the puKposes of this chapter,
unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined
pursuant to RCW 82.02.090, or given their usual and customary meaningw
"A licant" means a person who applies for a building pennit under Chapter 19.20 FWRC and
who is the owner of the subject ro erty or the authorized agent of the property owner.
"Building_ permit" means an official document or certification which is issued by the building
official and which authorizes the construction alteration enlargement, conversion reconstruction
remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure.
"Capital facilities plan" means the capital facilities element of the cit 's com rehensive lan
Ordinance No. 23- Page 7 of 36
Rev 1/22
adopted pursuant to Cha ter 3 G.70A RC W and such plan as amended.
"Council" means the city council of the city of Federal Way.
"Development activi " means an work condition or activi which re uires a permit or a roval
under the city's subdivision. zoning. or building code. Exempt pennits are set forth in FWRC
19.92.100.
"Development a roval " means anwritten authorization from the cityof Federal Waywhich
authorizes the commencement of a development activity or use.
"Encumber" means to reserve set aside or otherwise earmark the j2ark im act fees in order to pay
for commitments contractual obligations, or other liabilities incurred fors stem improvements.
"Fee a er" means a person, corporation, partnership, an incorporated association or an other
similar entity, or department or bureau of any governmental entity or municipal corporation
commencing a development activily which creates the demand for additional s stem
improvements and which requires the issuance of a building permit or a permit for a change of
use. Feepaver includes an applicant for a park impact fee credit.
" Im act fee schedule" means the table of impact fees to be char ed er unit of development
computed by the formula adopted under this cha ter indicating the standard fee amount per
dwelling unit or per commercial development that shall be paid as a condition of development
within the city.
"Independent fee calculation " means the park impact fee calculation prepared by a fee a er to
support the assessment of a park impact fee other than by the use of the rate study, or the
calculations prepared by the Parks Director where none of the fee categories or fee amounts in the
fee schedule accurately describe or capture the impacts of the development activity on public
Ordinance No. 23- Page 8 of 36
Rev 1 /22
facilities.
"Owner" means the ow-ner of record of real property. although when real propeity is being
purchased under a real estate contract the purchaser shall be considered the owner of the real
property if the contract is recorded.
"PIF studv" means the "Park Impact Fee Study. Chy of Federal Way," dated May. 2023 and
attached to the ordinance codified in this cha ter. and as hereafter amended.
"Permit for thane o use " or "than e of use permit" means an official document which is issued
by the cily which authorizes a change of use of an existing building or structure or land.
"Project iM rovements" means site improvements and facilities that are planned and designed to
provide service fora particular develn gent project. are necessga for the use and convenience of
the occupants or users of the project. and are not system im rovements. No improvement or facili
included in a capital facilities -plan adopted by the council shall be considered a project
improvement.
"Public acilities" for pMoses of this chapter, means the followin ca ital facilities owned or
operated by the cily of Federal Way or other governmental entities: parks, open space, trails or
recreational facilities.
"S stern im rovements ", for pugoses of this chapter, means public park facilities that are included
in the city of Federal Wa 's capital facilities plan. and such plan as amended. and are designed to
provide service to the communily at large, in contrast to project im rovements.
"Park" means public parks, open space, trails recreation facilities and related appurtenances.
"Park impact fee " means a payment of money imposed by the city of Federal Way on develn ment
activiy pursuant to this cha ter as a condition of granting development approval. Park impact fee
Ordinance No. 23- Page 9 of 36
Rev 1/22
does not include a reasonable permit fee an application fee the administrative fee for collecting
and handlin impact fees or the cost of reviewing independent fee calculations.
"Park impact fee accounts " means the separate accounting structures within the cit 's
established accounts. which structures shall identify separately earmarked funds and which shall
be established for the park inact fees that are collected. The accounts shall comply with the
requirements of RCW 82.02.070.
19.92.050 Park impact fee methodolog.
(1) The impact fee calculation is based on the PIF study attached to the ordinance codified in this
cha ter and by this reference fully inch rated herein. The actual park impact fee imposed shall
be as set forth in the park impact fee section of the current fee schedule as adopted by council.
2 Each development shall mitigate its im acts on the ci 's parks facilities by pgyment of a fee
that is based on the type of land use of the development and proportionate to the cost of the parks
facili im rovements necessM to serve the needs of Vowth. For residential development, the fee
amount is based on number and tyl2c of dwelling units' for commercial development, the fee is
based on land use and square footage of the development.
19.92.060 Assessment of impact fees.
1 The city shall collect park impact fees from applicants seeking development a royals from
the cily for qpy development activily in the city for which building ernits are required, consistent
with the provisions of this cha ter.
(2) When a park impact fee applies to a change o�permit. the park impact fee shall be assessed
for the land use categoa of the new use under the PIF stud . less any park im act fee that would
have been assessed for the prior use under the PIF study. For pMoses of this rovision a change
Ordinance No. 23- Page 10 of 36
Rev 1 /22
of use should be reviewed based on the land use categoa provided in the PIF study that best
ca tares the broader use of the Rroperty under development.
3 For mixed use developments. ark impact fees shall be assessed for the proportionate share of
each land use based on the applicable measurement PIF stud .
4 Park impact fees shall be determined at the time of building permit or change of use pgrnit
issuance using the park impact fees then in effect. Park impact fees shall be paid before the building
permit or change of use permit is issued by the cily.
19.92.070 Inds endent fee calculations.
1 If in the judgment of the Parks Director, none of the fee categories or fee amounts set forth in
the fee schedule accurately describes or ca tures the im acts of a new develo ment on parks. the
Parks Department ma conduct independent fee calculations and the Parks Director mgy impose
alternative fees on a specific development based on those calculations. The alternative fees and the
calculations shall be set forth in writing and sent to the fee a er. Pursuant to RCW 82.02.060
where unusual circumstances are identified by the Parks Director, the standard fee may be adjusted
inspecific cases to ensure that impact fees are im osed fairl .
2 There is a rebuttable presumption that the calculations set forth in the PIF stud are valid. In
calculating the fee imposed on a particular development, the cjjy shall pennit consideration of
studies and data submitted by a fee a er in order to adjust the amount of the fee. The fee a er
shall submit an independent fee calculation study to the Parks Director, who shall review the stud
to determine that the study:
a Is based on acce ted impact fee assessment RLqctices and methodologies,
Uses acceptable data sources and the data used is comparable with the uses and
Ordinance No. 23- Page 11 of 36
Rev 1 /22
intensities planned for the proposed development activity;
c Complies with the applicable state laws governing im act fees;
d Is prepared and documented by professionals who are mutually agreeable to the cit
and the fee a er and who are qualified in their respective fields,• and
e Shows the basis upon which the independent fee calculation was made.
3 In reviewing the study, the Parks Director may require the fee a er to submit additional or
different documentation. If an acceptable study is presented, the Parks Director mgy adjust the fee
for the particular development activi . The Parks Director shall consider the documentation
submitted by the Wlicant, but is not re wired to accept such documentation that the Parks Director
reasonably deems to be inaccurate or unreliable.
A fee a er requesting an adjustment or indej2endent fee calculation aay Raythe im act fees
imposed by this cha ter in order to obtain a building permit while the cily determines whether to
partiatly reimburse the fee a er by making an adjustment or by accepting the inde endent fee
calculation.
5 Any fee a er submitting an inde endent fee calculation will be required to pu a fee to cover
the cost of reviewing the independent fee calculation. The fee required by the cily for conductin
the review of the independent fee calculation shall be set by council resolution and shall be aid
by the feepaver prior to issuance of the Parks Director's determination.
19.92.080 Exemptions.
1 The park impact fees are generated from the formula for calculating the fees set forth in this
chapter. The amount of the impact fees is determined by the information contained in the adopted
ark and open space plan, park project list and related documents as appended to the cit 's
Ordinance No. 23- Page 12 of 36
Rev 1/22
comprehensive plan. All development activity located within the city shall be charged a park
impact fee rovided that the following exemptions a 1 .
(2) The following shall be exempt from parks impact fees:
a Replacement of a structure with a new structure having the same use at the same site,
and with the same gross floor area, when such replacement is within 12 months of demolition or
destruction of the previous structure.
b Alteration expansion, or remodeling of an existing residential dwelling or structure
where no new units are created and the use is not changed.
(c) Demolition of existing_ structures.
d Moving an existin structure within the city from one site to another.
e A development permit for a change of use that has less im act than the existing use.
Minor changes in tenancies that are consistent with the general character of the included
structure building, or previous use.
3 The Community Development Director shall be authorized to determine whether a particular
development activily falls within an exem tion identified in this section. Determinations of the
Community Development Director shall be subject to the appeals procedures set forth in FWRC
19.92.150.
19.92.090 Credits.
1 A fee a er can reguest that a credit or credits for pgk5 and recreation impact fees be awarded
to them for parks and recreation improvement projects provided by the fee a er in excess of the
standard requirements for the fee a er's development ifthe land improvements, and/or the facili
constructed are identified as parks and recreation Ustem improvements that provide pgracily to
Ordinance No. 23- Page 13 of 36
Rev 1/22
serve new rowth in the ca ital facilities lan. or the Parks Director, at their discretion. makes the
finding that such land, im rovements. and/or facilities would serve the parks and recreation goals
and objectives of the ca ital facilities plan.
2 For each request for a credit or credits the Parks Director shall determine the value of dedicated
land by using available documentation or selecting an appraiser from a list of independent
appraisers maintained by the Parks Department to determine the value of the land being dedicated.
The value of im rovements will be determined through documentation submitted hy the fee a er.
3 The fee a er shall pqy the cost of the a raisal and shall deposit on account the estimated cost
of the appraisal as determined by the city at the time the feepap yer requests consideration for a
credit.
4 After receiving the appraisal. the Parks Director shall pMvide the a licant with a letter or
certificate setti nrig forth the dollar amount of the credit. the reason for the credit. where a licable,
the legal descri Lion of the site donated and the legal description or other ad uate description of
the project or develo gent to which the credit ma be a lied. The applicant must sign and date a
duplicate copy of such letter or certificate indicatin their agreement to the terms of the letter or
certificate and return such signed document to the Parks Director before the impact fee credit will
be awarded. The failure of the applicant to sigg, date. and return such document within 60 days
shall nullify the credit.
5 Any claim for credit must be made no later than the time of application for a buildigg pennit.
Any claim not so made shall be deemed waived.
(6) Determinations made by the Parks Director pursuant to this section shall be subject to the
appeals procedures set forth in FWRC 19.92.150.
Ordinance No. 23- Page 14 of 36
Rev 1 /22
7 Pursuant to and consistent with the r uirements of RCW 82.02.060 the fee rate in the fee
schedule has been reasonably adjusted for other revenue sources which are earmarked for or
proratable to, funding parks and recreation facilities.
19.92.100 Establishment of park impact fee accounts.
I Park impact fee receipts shall be earmarked specifically and deposited in one or more special,
interest -bearing accounts.
2 The city shall establish one or more separate park impact fee accounts for the fees collected
pursuant to this cha ter. Funds withdrawn from the account or accounts must be used in accordance
with the provisions of this chapter and applicable state law. Interest earned on the fees shall be
retained in the account(s) and expended for the ppooses for which the park impact fees were
collected.
3 On an annual basis the Finance Director shall provide a re ort to the council on the p
ark imp act
fee account showing the source and amount of all moves collected earned or received and the
arks and recreations stem improvements that were financed in whole or in part b impact fees.
4 Impact fees shall be expended or encumbered within 10 years of receipt, unless the council
identifies in written fmdin s an extraordinary and compelling reason or reasons for the dela .
19.92.110 Administrative guidelines.
The Parks and Communi Development Directors are hereby authorized to ado t internal
guidelines for the administration of park impact fees which include the adoption of procedural
rules.
19.92.120 Refunds.
1 If the cily fails to ex end or encumber the park impact fees within 10 years of the date the fees
Ordinance No. 23- Page 15 of 36
Rev 1 /22
were paid, unless extraordinM or coMelling reasons are established pursuant to FWRC
19.92.130the current owner of the pLopedy on which park impact fees have been paid mqy receive
a refund of such fees. In determining whether park impact fees have been expended or encumbered.
ark impact fees shall be considered expended or encumbered on a first in first out basis.
2 The city shall notify potential claimants by first class mail deposited with the United States
Postal Service at the last known address of such claimants. A potential claimant must be the current
owner of record of the real roe against which the park impact fee was assessed.
3 Owners seeking a refund of park impact fees must submit a written request for a refund of the
fees to the Parks Director within one year of the date the right to claim the refund arises or the date
that notice is given, whichever is later.
4 ALay park im act fees for which no a lication for a refund has been made within this one -ye
period shall be retained by the city and expended on the system improvements for which the were
collected.
5 Refunds of park impact fees or offsets ggainst subsequent park impact fees under this section
shall include any interest earned on the pgLk im act fees by the city.
G When the city seeks to terminate any or all components of the park im ct fee program,all
unexpended or unencumbered funds from any terminated component or components includin
interest earned shall be refunded pursuant to this section. Upon the finding that an or all fee
re uirements are to be terminated the cjV shall place notice of such termination and the
availability of refunds in a news a er of general circulation at least two times and shall noti all
potential claimants by first class mail at the last known address of the claimant. All funds available
for refund shall be retained fora period of one year. At the end of one ycar, agy remaining funds
Ordinance No. 23- Page 16 of 36
Rev 1/22
shall be retained by the cily, but must be ex ended for the public facilities for which the park
impact fees were collected. This notice re uirement shall not Mly if there are no unex nded or
unencumbered balances within the account or accounts being terminated.
7 The cay shall also refund to the current owner of property for which park impact fees have
been Raid, all park impact fees paid including interest earned on the park impact fees if the
development activity for which the park impact fees were imposed did not occur: provided,
however, that if the city has expended or encumbered the park impact fees in good faith prior to
the a lication for a refund the Parks Director aay decline to provide the refund. If within a
period of three years, the same or subse went owner of the roe roceeds with the same or
substantially similar development activily, the owner can petition the Parks Director for an offset
in the amount of the fee originally paid and not refunded. The petitioner must pLovide receipts of
ark impact fees pLeviously paid for a development activily of the same or substantially similar
nature on the same real propgn or some portion thereof. Determinations of the Parks Director
shall be in writing and shall be subject to the a eals procedures set forth in FWRC 19.92.150.
19.92.130 Use of nark impact fees.
1 Pursuant to this chapter ark impact fees shall be used for parks and recreation facilities that
will reasonably benefit growth and development, and only for park facilities addressed by the cat 's
ca ital facilities element of the comprehensive plan.
2 Park impact fees shall not be used to make up deficiencies in 61y facilities serving an existing
development.
(3) Park impact fees shall not be used for maintenance and operations, including personnel.
(4) Park impact fees may be used for but not limited to land acquisition, site improvements,
Ordinance No. 23- Page 17 of 36
Rev 1 /22
engineering and architectural services, pennitting, financin administrative expenses, lannin
mitigation costs capital a ui ment pertaining to parks facilities and any other expenses which can
be cgpitaliaed.
5 Park im act fees mAy also be used to recou public improvement costs incurred by the city to
the extent that gowth and development will be served by the previously constructed improvement.
5 In the event bonds or similar debt instruments are or have been issued for parks facili
improvements, park impact fees mgy be used to pgy the principal and interest on such bonds.
19.92.140 Administrative fees.
1 For each pgjjk impact fee im osed there shall be charged an administrative fee the amount of
which shall be set by council resolution. The administrative fee shall be deposited into an
administrative fee account within the park im act fee accounts . Administrative fees shall be used
to defray the ci 's actual costs associated with the assessment and collection acid update of the
ark impact fees. An administrative fee is not refundable or creditable.
2 The administrative fee shall be paid by the fee a er at the same time as the park impact fee.
19.92.150 Appeals.
1 The applicant may pg!y the park impact fees under protest pending meal to avoid delays in
the issuance of building ernits or change of usepen-nits. No a eal shall be permitted until the
impact fees at issue have been paid.
2 Requests for review regarding the im act fees im osed on an develop
meat activity ma be
filed only by the a licant for the development activi1y at issue.
3 The applicant must first file a request for review regarding impact fees with the Parks Director,
as provided herein:
Ordinance No. 23- Page 18 of 36
Rev 1/22
jai The request shall be in,"Titing on the form provided by the city;
(b) The request for review by the Parks Director shall be filed within 14 calendar days after
the a licant's pMment of the impact fee at issue. The failure to timely file such a request shall
constitute a final bar to later seek such review;
c No administrative fee will be imposed for the request for review by the director; and
Ld] The Parks Director shall issue his/her determination in writing_
4 Determinations of the Parks Director with respect to the applicability4pplicability of the impact fees to a
iven develo ment activiV, the availabilily or value of a credit or the Parks Director's decision
concerning the independent fee calculation which is authorized in FWRC 19.92.070 or any other
determination which the Parks Director is authorized to make pursuant to this chapter. m!qy be
a ealed by the applicant or owner using the same process as the underlying development permit
application or process I of this title if there is no underlyingunderlyLng development permit, substituting the
Parks Director for the Cpmmqajjy Development Director. The a ealin the form of a letter of
appeal, must be delivered to the Parks Department within 14 calendar days after issuance of the
decision of the Parks Director. In those cases where the proposed development activily may require
a public hearing under the authority of other chapters of this code the hearings may be combined.
For exam le if the underlying development permit a lication is a prelimigM plat,the Weal
shall be heard at the preliminM plat public hearing.
19.92.160 Existing authority unimpaired.
Nothina in this chanter shall preclude the city from requirinp- the feepayer or the proponent of a
development activi to mitigate adverse environmental inacts of a specific development
pursuant to the State Environmental Policy Act Chapter 43.21 C RCW based on the environmental
Ordinance No. 23- Page 19 of 36
Rev 1/22
documents accompanying the underlying development approval process, and/or Chu ter 58.17
RCW, governing plats and subdivisions,• provided, that the exercise of this authority is consistent
with Chapters 43.21 C and 82.02 RCW.
Section 4. 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 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 7. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
2023.
Ordinance No. 23- Page 20 of 36
Rev 1/22
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 21 of 36
Rev 1 /22
FEXHIBIT A
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City of Federal Way
This entire report is made of readily
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wire binding and the front and back cover,
which are made from post -consumer
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pact Fee Study
Draft Report
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Washington
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Redmond, WA 98052
425.867,1802
Oregon
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Lake Oswego, OR 97035
503.841.6543
Colorado
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Boulder, CO 80301-9998
719.284.9168
p'�`�Jr.PGS�CG II �.COi�
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Solutions -Oriented Consulting
City of Federal Way
March 2023
Park Impact Fee Study
page ii
TABLE OF CONTENTS
Tableof Contents ................. ................................ ....,...................... ............. ....................... ii
SectionI. Introduction ............. ...... , ......................,.........................,.............,.._.......................1
I.A. Policy........................................................................................................................................1
I.B. Calculation Overview....................................................................................................................1
SectionII. PIF Analysis ....................... ..,..................,........ ........,.... .......................... .,... ..........
II.A. Growth...................................................................................................... ............
II.B. Future Facilities Fee...............................................................................................
II.C. Existing Facilities Fee.................................................................................................
II.D. Calculated PIF..........................................................................................................
SectionIII Implementation ....... ...... ................................................. ,..................................... ..
II I.A. Indexing...............................................................................................................
III.B. Comparisons.........................................................................................................
Appendix A: Infill Project List ............... ............................. ,...... ,.,..,...., ........................................
114-2
l l 4-2
11-�2
1243
$�> FCS GROUP
City of Federal Way
March 2023
Section I.
Park Impact Fee Study
page 1
Introduction
The City of Federal Way (City) is looking to implement a parks impact fee (PIF) to provide partial
funding for the capital needs of its parks system. In 2022, the City engaged FCS GROUP to calculate
a PIF based on recent growth estimates, its parks project lists, and inventory data. The following
sections provide the policy background upon which the PIF is based, as well as a general overview
of the PIF calculation. The rest of the report details the specific data inputs and results of the PIF
calculation.
I.A. POLICY
Park impact fees are enabled by state statutes, authorized by local ordinance, and constrained by the
United States Constitution.
.A.l . State Statutes
Impact fees are authorized by state law in RCW 82.02.050 through 82.02.110. By law, revenue from
park impact fees shall be used for park system improvements that will reasonably benefit new
development. The money may not be used to address system deficiencies, or maintenance and repair
costs. The fees cannot exceed new development's proportionate share of the improvement costs, and
the revenue may be spent only for the public facilities which are addressed by the capital facilities
plan element of an adopted comprehensive land use plan. Impact fee revenue must be spent within
ten years after collection. In addition, the City cannot depend entirely on impact fees to fund capital
costs; there must be some amount of funding from other local sources.
I.A.2. Local Ordinance
The City of Federal Way is implementing code updates to support the PIF calculated in this report.
I.A.3. United States Constitution
The United States Supreme Court has determined that impact fees and other exactions that comply
with state and/or local law may still violate the United States Constitution if they are not
proportionate to the impact of the development. The PIF calculated in this report are designed to
meet such constitutional and statutory requirements.
I.B. CALCULATION OVERVIEW
In general, impact fees are calculated by adding an existing facilities fee component and a future
facilities fee component —both with potential adjustments. Each component is calculated by dividing
the eligible cost by growth in units of demand. The unit of demand becomes the basis of the charge.
The diagram below summarizes the basic outline of an impact fee calculation, and more detail is
provided in the following bullets.
•:; F C S GROUP
City of Federal Way
March 2023
Eligiblecostof
* Eligiblecostof
capacity
planned capacity
in existing
increasing
facilities
facilities
•
T
•
Growth in system
Growth in system
capacity
capacity
Park Impact Fee Study
page 2
• 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 costs of such available 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
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.
�> FCS CROUP
City of Federal Way
March 2023
Section II.
Park Impact Fee Study
page 3
PIF Analysis
This section provides the detailed calculations of the maximum allowable PIF in the City of Federal
Way.
II.A. GROWTH
The calculation of projected growth begins with defining the units by which current and future
demand will be measured. Then, using the best available data, we quantify the current level of
demand and estimate a future level of demand. The difference between the current level and the
future level is the growth in demand that will serve as the denominator in the PIF calculations.
II.A.1. Unit of Measurement
A good unit of measurement allows an agency to quantify the incremental demand of development or
redevelopment that creates additional demand for park facilities. A more precise unit of measurement
allows an agency to distinguish different levels of demand added by different kinds of development
or redevelopment.
II.A.I.a Options
For parks impact fees, demand that can be attributed to individual developments is usually measured
in the number of people who will occupy a development. For residential developments, the number of
occupants means the number of residents. We use data from the U. S. Census Bureau to estimate the
number of residents for different kinds of dwelling units. For non-residential developments, the
number of occupants means the number of employees. We use industry data to estimate the number
employees per square foot for different kinds of non-residential developments.
When an agency chooses to impose a PIF on both residential and non-residential developments, the
demand of one additional resident must be carefully distinguished from the demand of one additional
employee. This is usually accomplished by the calculation of a residential equivalent. One resident is
equal to one residential equivalent, and one employee is typically less than one residential equivalent.
Non-residential developments are a source of demand for parks facilities in Federal Way, and the City
is intending to charge PIFs for both residential and non-residential developments using residential
equivalents as the unit of growth.
II.A.2. Demand Adjustment for Non -Residential Users
To charge PIFs to both residential and non-residential developments, we must estimate both (1) how
much availability non-residential occupants (i.e., employees) have to use parks facilities and (2) how
that availability differs from residential occupants (i.e., residents).
The calculation begins with the most recent counts for population and employment in Federal Way.
As shown in Exhibit 2.1 below, in 2019 (the most recent year for which both population and
1;>FCS GROUP
City of Federal Way
March 2023
Park Impact Fee Study
page 4
employment data were available), 98,911 residents lived in Federal Way, and 28,063 employees
worked in Federal Way. Of these, 4,320 people both lived and worked in Federal Way.
Exhibit 2.1— 2019 Population and Employment in Federal Way
Source: U.S. Census Bureau, OnTheMap Application, 2019
Inflow/Outflow analysis (employment); 2019 PROS Plan, Figure 2.2
Next, we estimate the number of hours per week that each category of person would be available
to use the parks facilities in Federal Way. Exhibit 2.2 below shows an estimate of maximum
availability. It assumes that 8 hours each day are used for sleeping for all residents of the City. For
those who are not working, the remaining 16 hours of each day are available for use of the parks
system, giving a total of 112 hours per week of parks system availability. For workers, 8 hours of
each day are assumed to be spent at work, which leaves the remaining 8 hours per weekday
available for residential use of the parks system. In'addition, workers have 16 hours of residential
demand each weekend day, for a total of 72 hours per week of residential demand. During work, 1
hour is assumed to be available for workers to use the parks system, giving 5 hours per week of
non-residential demand. These estimates are not of actual use, but maximum availability.
Exhibit 2.2 — Demand Estimates by Category of Parks User
Source: FCS GROUP.
Source: FCS GROUP.
When the hours of availability above are multiplied by the counts presented earlier, we can
determine the relative demand of residents and employees. As shown in Exhibit 2.3 below, the
parks demand of one employee is equivalent to the parks demand of about 0.05 residents. To put it
•�; FCS GROUP
City of Federal Way
March 2023
Park Impact Fee Study
page 5
another way, the parks demand of about 19.05 employees is equivalent to the parks demand of one
resident.
Exhibit 2.3 — Total Hours per Week of Park Availability
Source: Previous tables
II.A.3. Growth in Demand
The current (2023) demand for parks facilities is 106,586 residential equivalents. That number is
the sum of 105,022 residents (based on the PROS Plan) and 1,564 residential equivalents for
29,797 employees.
During the forecast period from 2023 to 2044, the residential population is expected to grow by
20,669 residents. If total residential equivalents remain proportionate to the residential
population, then residential equivalents will grow by 21,909 to a total of 128,495 residential
equivalents. Therefore, 21,909 residential equivalents will be the denominator for the PIF
calculations later in this report.
Exhibit 2.4 below summarizes these calculations:
Exhibit 2.4 — Growth in Demand
Population
98,911
105,022
125,691
20,669 16.44%
Employees
28,063
29,797
53,412
23,615 44.21%
Residential -equivalent employees
1,473
1,564
2,804
1,240 44.21%
Residential equivalents
100,384
106,586
128,495
21,909 17.05%
Source: PROS Plan, Figure 2.2 (population); Census Bureau, OnTheMap (primary employees
Inflow/Outflow analysis); City staff (2044 population and employee estimates)
I.B. FUTURE FACILITIES FEE
The future facilities fee is the eligible cost of planned projects per unit of growth that such
projects will serve. Since we have already calculated growth (denominator) above, we will focus
here on the future facilities fee cost basis (numerator).
FCS GROUP
City of Federal Way
March 2023
11.13.1. Eligibility
Park Impact Fee Study
page 6
A project's eligible cost is the product of its total cost and its eligibility percentage. The
eligibility percentage represents the portion of the project that creates capacity for future users.
For park impact fees, eligibility is often determined by a level -of -service analysis that quantifies
the park facilities that are needed for growth (and are therefore eligible to be included in the
future facilities cost basis). Park facilities can be measured by sorting them into categories such
as neighborhood, community, or open space, or by considering their respective units of
measurement (e.g., acres). Further, in either approach, the current or future level of service may
be targeted. These two separate choices create four distinct and equally defensible ways of
calculating the eligibility percentage of each project.
Each method will be examined in the sections below.
II.B.I .a Current Level of Service (By Category and by Unit of Measurement)
Determining PIF eligibility for parks projects using the current level of service requires
determining the quantity of parks facilities needed to maintain the current level of service. Any
projects that add facilities in excess of that quantity are ineligible.
The City has five relevant parks categories for determining its level of service by category. These
are shown in the upper panel of the first column in Exhibit 2.5. Each category receives its own
level of service. Using community parks as an example, the City currently has 486.94 acres of
community parks. Using the 2023 population discussed above, this implies that there is 4.64
acres of community parks per 1,000 residents. The parks project list, when completed, will add
7.00 acres of community parks. Based on the 2044 population and the current level of service,
70.32 additional acres of community parks are needed. So, all the additional park acres can be
used to accommodate growth, and therefore are eligible for inclusion in the parks impact fee.
The same line of reasoning is used to develop the eligibility percentages for other parks
categories. Calculating eligibility using level of service by unit of measurement (e.g., acres,
miles), instead of by park type, also follows the same approach. The eligibility percentage for
each parks category or unit of measurement is shown in the last column of Exhibit 2.5.
Source. 2019 PROS Plan Table 3.1, City staff
4m-'4FCS GROUP
City of Federal Way Park Impact Fee Study
March 2023 page 7
II.B.I .b Future Level of Service (By Category and Unit of Measurement)
To determine PIF eligibility using the future level of service, the proposed additional quantity of
planned parks facilities is added to the current quantity of parks facilities. Using the future
population, a future level of service is then calculated. That level of service is compared to the
current parks system to determine if any deficiencies exist against the current population. Only
the portions of parks projects that do not cure existing deficiencies are considered eligible for the
future facilities fee cost basis under this method.
As in the previous section, calculating PIF eligibility based on future level of service can be done
both when measuring parks facilities by category and when measuring by unit of measurement.
Exhibit 2.6 below outlines both methods using the future level of service. Using community
parks as an example again, the City currently has 486.94 acres of community parks. The parks
project list, when completed, will add 7.00 acres of community parks. This results in a future
level of service of 4.11 acres of community parks per 1,000 residents in 2044. If that level of
service was applied to the 2023 population, a minimum of 431.61 acres would be needed.
However, there are already 486.94 acres of community parks. So, the additional acres added by
the project list are not needed for existing users, and therefore 100 percent are includable in the
future facilities fee.
The same approach is used to develop the eligibility percentages for other parks categories.
Calculating eligibility using level of service by unit of measurement (e.g., acres, miles), instead
of by park type, follows the same logic. The eligibility percentage for each parks category or unit
of measurement is shown in the "Eligibility" column of Exhibit 2.6 below.
Exhibit 2.6 - Elieibi]W under the Future Level of Service
By Category:
Community Park
Acres
486.94
4.64
7.00
4.11
431.61
100.00%
55.33
Neighborhood Park
Acres
108.05
1.03
0.00
0.90
94.42
0.00•O0
13.63
Open Space
Acres
436.16
4.15
0.00
3.63
381.12
0.001%
55.04
Special Use Facilities
Number
6.00
0.06
0.00
0.05
5.24
0.00%
0.76
Trait
Miles
12.07
0.11
0.00
0.10
10.55
0.000/0
1.52
By Unit of Measurement:
Park or Natural Area Acres 1031.15 9.82 7.00 8.64 907.15 100.00% 124.00
Special Use Facility Number 6.00 0.06 0.00 0.05 5.24 0.00•D 0.76
Trall Miles 12.07 0.11 0.00 0.10 10.55 0.00'D 1.52
Source: 2019 PROS Plan Table 3.1, City staff
The final column of Exhibit 2.6 shows the reimbursable quantity of each park category and unit
of measurement. The quantity of such park facilities exceeds the existing needs of the park
system when measuring by the future level of service, and as such, can be used to provide
capacity for future users. Since those facilities will benefit future users, a share of their cost can
be included in the existing facilities cost basis.
II.B.2. Expansion Projects
The first of the City's two project lists includes projects that will expand the inventory of the
parks system and are therefore subject to the eligibility calculations described above. The total
cost of these projects is $16.5 million, and eligibility is based on the level -of -service calculation
chosen. These projects are summarized in Exhibit 2.7 below. The eligibility percentage and
eligible cost columns assume the future -by -unit approach to level of service.
+:; FCS GROUP
City of Federal Way
March 2023
Exhibit 2.7 — Expansion Projects
Source: City staff
II.13.3. Infill List
Park Impact Fee Study
page 8
The second of the City's two project lists includes projects that will not expand the inventory of
the parks system by adding acres but that will nevertheless add capacity for future users by
adding amenities. The project list is shown in Appendix A and has a total cost of $44.3 million.
Each project is assigned one of two eligibility percentages: zero percent if the project is for repair
or replacement of existing assets and 17.05 percent if the project adds new amenities. That 17.05
percent represents the share of total future users made up of new users (in 2044), and assigning a
project that percent recognizes that existing and future users are expected to share new amenities
in existing parks proportionately, The total eligible cost of the infill list is approximately $6.0
million.
I.B.4. Calculated Future Facilities Fee Cost Basis
After determining the costs dedicated to expanding capacity, the future facilities fee cost basis is
calculated by multiplying those costs by their respective eligibility percentages. As discussed
above, eligibility for capacity -expanding costs on the project list were determined through level -
of -service calculations, and projects on the infill list were assigned either 0 or 17.05 percent. As
all methods of determining level -of -service result in the same eligibility percentages, the future
facilities cost basis is $22.5 million under all scenarios.
II.C. EXISTING FACILITIES FEE
The existing facilities fee is the eligible cost of the park facilities available for future users per
unit of growth that such facilities will serve. Growth was calculated in Section II.A and Exhibit
2.6 shows the quantity of facilities available for inclusion in the existing facilities fee. The
remaining piece of the fee calculation is the original cost of eligible park facilities.
II.C.I . Existing Facilities Fee Cost Basis
The City provided records for historical expenditures on its parks system going back to 1991,
which are totaled by category and unit of measurement in the fourth column of Exhibit 2.10
below. Dividing those historical expenditures by the quantity of park acres and trail miles yields
a calculation of investment per unit. By multiplying that investment per unit by the number of
eligible units shown in Exhibit 2.6, the eligible cost of those park facilities is calculated to be
approximately $2.6 million when measuring by category and approximately $3.8 million when
measuring by unit of measurement. However, an adjustment must be made for growth's share of
•:+ FCS GROUP
City of Federal Way Park Impact Fee Study
March 2023 page 9
outstanding debt related to that investment. Such an adjustment is necessary to make sure that
growth isn't paying twice for the same capacity; once in the PIF, and once through property
taxes. Growth's share of outstanding principal is estimated to be $2.3 million, and so the total
eligible amount is either $306,635 or $1.5 million depending on the method used for determining
level of service.
Exhibit 2.10 - Existine Facilities Fee Cost Basis
y Category:
Community Park
Acres
$ 24,293
55.33 $
1,344,081
Neighborhood Park
Acres
15,345
13.63
209,224
Open Space
Acres
1,294
55.04
71,215
Special Use Facilities
Number
1,253,616
0.76
949,121
Trail
Miles
-
1.52
-
Total
$
2,573,641 $ 2,267,006 $
Unit of
Park or Natural Area Acres $ 22,668 124.00 $ 2,810,829
Special Use Facility Number 1,253,616 0.76 949,121
Trail Miles - 1.52 -
Total $ 3,759,949 $
Source: City staff (historical investment oustonding debt); previous tables
306,635
ILD. CALCULATED PIF
This section combines the eligible cost from the future facilities fee cost basis and the existing
facilities fee cost basis. Exhibit 2.11 below summarizes the PIF calculation for all four measures
of level of service.
Exhibit 2.11- Calculated PIF
❑st Basis:
Future Facilities
Existing Facilities
Total Cost Basis
in Residential Equivalents
Future Facilities Fee per Residential Equivalent
Existing Facilities Fee per Residential Equivalent
Total Parks Impact Fee per Residential Equivalent
Residents per
$ 22,474,278 $ 22,474,278 $ 22,474,278 $ 22,474,278
- 306,635 - 1,492,943
$ 22,474,278 $ 22,780,913 $ 22,474,278 $ 23,967,221
21,909 21,909 21,909 21,909
$ 1,026 $ 1,026 $ 1,026 $ 1,026
- 14 68
$ 1,026 $ 1,040 $ 1,026 $ 1,094
Fee Schedule:
Dwelling Unit
Single-family dwelling unit
2.94 $
3,021 $
3,062 $
3,021 $
3,222
Multi -family dwelling unit
2.41
2,471
2,505
2,471
2,635
Manufactured home dwelling unit
2.75
2,817
2,855
2,817
3,004
Accessory dwelling unit
1.00
1,026
1,040
1,026
1,094
Employee
0.05
54
55
54
57
Source: Census Bureau, 2020American Community Survey, Tables B25024 and B25033 (residents per dwelling unit); previous
tables
,° FCS GROUP
City of Federal Way Park Impact Fee Study
March 2023 page 10
As shown above, the maximum allowable PIF is $1,094 per residential equivalent under the
future level of service by unit of measurement. The resulting PIF is $3,222 for a single-family
dwelling unit based on an estimated 2.94 residents per dwelling unit, $2,635 for a multi -family
dwelling unit based on an estimated 2.41 residents per dwelling unit, and $3,004 for a mobile
home dwelling unit based on an estimated 2.75 residents per dwelling unit. A conservative
estimate of 1.00 resident per accessory dwelling unit (ADU) was made, yielding a PIF of $1,094
per ADU.
The rate per employee is $57 based on the equivalency calculated in Section II.A. The non-
residential PIF can be charged using an estimate of employee density per 1,000 square feet.
Exhibit 2.12 below provides a schedule for the non-residential PIF for all four level -of -service
calculations based on employee density estimates from the Portland Metro regional government.
Exhibit 2.12 - Calculated Non-residential PIF
Ag., Fish & Forest Services; Constr.; Mining
1-19
590
1.695
$ 91.29 $
92.53
$ 91.29 $
97.35
Food & Kindred Projects
20
630
1.587
85.49
86.66
85.49
91.17
Textile &Apparel
22,23
930
1.075
57.91
58.70
57.91
61.76
Lumber&Wood
24
640
1.563
84.16
85.31
84.16
89.75
Furniture; Clay, Stone &Glass; Misc.
25, 32, 39
760
1.316
70.87
71.84
70.87
75.58
Paper&Allied
26
1,600
0.625
33.66
34.12
33.66
35.90
Printing, Publishing & Allied
27
450
2.222
119.69
121.32
119.69
127.64
Chemicals, Petroleum, Rubber, Leather
28-31
720
1.389
74.81
75.83
74.81
79.78
Primary & Fabricated Metals
33,34
420
2.381
128.24
129.99
128.24
136.76
Machinery Equipment
35
300
3.333
179.53
181.98
179.53
191.46
Electrical Machinery, Equipment
36,38
400
2.500
134.65
136.49
134.65
143.60
Transportation Equipment
37
700
1.429
76.94
77.99
76.94
82.05
TCPU--Transportation and Warehousing
40-42, 44, 45, 47
3,290
0.304
16.37
16.59
16.37
17.46
TCPU--Communications and Public Utilities
43, 46, 48, 49
460
2.174
117.09
118.69
117.09
124.87
'Wholesale Trade
50,51
1,390
0.719
38.75
39.28
38.75
41.32
Retail Trade
52-59
470
2.128
114.60
116.16
114.60
122.21
Finance, Insurance & Real Estate
60-68
370
2.703
145.57
147.56
145.57
155.24
Non -Health Services
70-79
770
1.299
69.95
70.90
69.95
74.60
Health Services
80
350
2.857
153.89
155.99
153.89
164.11
Educational, Social, Membership Services
81-89
740
1.351
72.78
73.78
72.78
77.62
Government
90-99
530
1.887
101.62
103.01
101.62
108.37
Source: Metro,"1999 Employment Density Study, " Table 4
¢>FCSG
City of Federal Way Park Impact Fee Study
March 2023 page 11
Section III. Implementation
This section addresses practical aspects of implementing PIFs and provides comparisons to other
jurisdictions.
III.A. INDEXING
We recommend that the City index its charges to the Engineering News Record Construction
Cost Index for the City of Seattle and adjust its charges annually.
III.B. COMPARISONS
Exhibit 3.1 below shows a comparison of PIFs calculated for single-family homes for some
relevant jurisdictions.
Exhibit 3.1— PIF Comparisons
Issaquah
$10,533
Ki rkJ WO
$6,822
5amrrta igh'
$6,739
Redmond
$5,884
Shoreilive.
$5,227
Auburn
$3,500 -
Renton
$3,276 0
Federal Way (Proposed)
$3,222 M
Everett**
$3,180
Source: FCS GROUP Survey, 312712023
*SFR Single-family residence
**Assumes a three -bedroom house
pa4 FCS GROUP
City of Federal Way
March 2023
A: Infill Pi-o f ect List
Adelaide
Formalize picnic areas/install picnic shelters (2)
Alderbrook Park
Playground Replacement
Alderdale park
Playground Replacement
BPA
Add a fitness trail and equipment
SPA
Repair asphalt trai I
SPA
Install monument sign
SPA
Install directional signage/wayfinding
Brooklake
Demo Hall & Green Storage Buildings
Brooklake
Electrical upgrades
Brooklake
Facility/Feasibility Assessment - MasterPlan
Cedar Grove Park
Playground Replacement
Celehration
Convert To Artificial Turf
Celebration
Sand based turf replacement
Celebration
Replace field fence
Celebration park
Playground Replacement
City Hall
add ADA door control @ Court Entry
City Hall
Card control replacement/upgrade
City Hall
Carpet replacement
City Hall
City Hall Water Heaters (5)
City Hall
Court bench refurbish
City Hall
Elevator
City Hall
HVAC
City Hall
Reception Counters - replace Formica
City Hall
Roof replacement
City Hall
Security Fence Around Entire P/E Parcel/Lot
City Hall
Sidewalk ADA upgrades
Coronado Park
Playground Replacement
Fisher Pond
Prepare master plan
Fisher Pond
Install picnic shelter
Fisher Pond
Decommission on -site well
French Lake
Develop/Install Shelter
FWCC
Exercise Equipment (full replace)
FWCC
Locker Rooms/Cabanas Restoration
FWCC
Replace Pool WaterSlide/Play Equipment
FWCC
Re -plaster Lap Pool
FWCC
Pool/slide repairs
FWCC
Replace pool and play equipment
FWCC
Outdoor areas
Heritage Woods park Playground Replacement
Lake Grove Park
Playground Replacement
Lakota
Parking Lot Replacement
Lakota
Upgrade soccer field to artificial turf
Lakota
Upgrade running track to rubber
Lakota
Upgrade field lighting
Lakota
Upgrade restrooms and Increase parking
Park Impact Fee Study
page 12
2033
167,000
17.05%
28,474
2023
150,000
17.05%
25,575
2027
150,000
17.05%
25,575
2026
143,000
17.05%
24,382
2030-2040
-
0.00%
-
2028
7,000
17.05%
1,194
2030
12,000
17.05%
2,046
2023
$ 8,000
0.00% $
-
2023
20,000
17.05%
3,410
2023
4,000
17.05%
682
2031
175,000
17.05%
29,838
2032
11,500,000
17.05%
1,960,793
2026
500,000
17.05%
85,251
2035
119,000
0.00%
2024
450,000
17.05%
76,726
2023
60,000
17.05%
10,230
2027
125,000
17.05%
21,313
2027
250,000
0.00%
2028
75,000
0.00%
2025
8,500
0.00%
2024
185,000
0.00%
2025
400,000
0.00%
2026
10,000
0.00%
2026
500,000
0.00%
-
2024
75,000
17.05%
12,788
2023-2027
240,000
0.00%
-
2028
150,000
17.05%
25,575
2028
12,000
17.05%
2,046
2030
83,000
17.05%
14,152
2030
12,000
0.00%
-
2028
60,000
17.05%
10,230
2026
150,000
0.00%
-
2023
250,000
0.00%
2023
1,200,000
0.00%
2027
40Q000
0.00%
2023
298,000
0.00%
2023
60,000
0.00%
-
2033
119,000
17.05%
20,290
2029
175,000
17.05%
29,838
2032
200,000
17.05%
34,101
2023
170,000
0.00%
-
2021
1,489,000
17.05%
253,879
2021
238,000
17.05%
40,580
2032
893,000
17.05%
152,259
2032
953,0W
17.05%
ISZ489
(continued next page)
��4� F C S G 0 UP
City of Federal Way
March 2023
Laurelwood
Laurelwood
Laurelwood
Madrona Park
Mirror Lake
Monument Signs
Olympic View
Olympic View
Olympic View
Olympic View Park
Palisades
Palisades
Palisades Park
Sacajawea
Sacajawea
Sacajawea
Sacajawea
Sacajawea
Sacajawea
Sacajawea
Sacajawea
Sacajawea
Safety & Security
Safety & Security
Saghalie
Saghalie
Saghalie
Saghalie
Saghalie
Saghalie
Steel Lake
Steel Lake
Steel Lake
Steel Lake Annex
Steel Lake Annex
Steel Lake Park
Steel Lake Park
Steel Lake Shop
Steel Lake Shop
Steel Lake Shop
Steel Lake Shop
Steel Lake Shop
Steel Lake Shop
Town Square
Town Square
Town Square
Town Square
WayfindingSigns
Wedgewood
West Hylebos
West Hylebos
West Hylebos
West Hylebos
Wildwood
Wildwood
Prepare master plan
202
Perform master plan improvements
2027-2037
Install 1/2 basketball court
2031
Playground Replacement
2031
Replace and improve playground
2021
Complete sign implementation program
2023-2033
Formalize 1oe's Creek social trail
203!
Improve neighborhood entrances (6)
203!
Install 1/2 basketball court
2031
Playground Replacement
202
Repair/replace asphalt basketball court
2021
Install picnic shelter
2031
Playground Replacement
2021
Artificial turf replacement - SAC
2021
Natural Turf Replacement (ballfields)
202:
Renovate Ballfield Drainage
202,
Replace Rubber running track
202,
Tennis Court Replacement
202
Wood Pole Replacement
202!
Replace water service line
2022
New restroom - sewer lift station
203!
Install picnicshelter
2031
Parking lot lighting improvements (LED) at Sacaji
2022
Install security cameras in parking lots at Scajawi
201
Artificial turf, replacement- Soccer Field
203:
Tennis Court Renovation/Resurface
202!
Replace Rubber runningtrack
2023-2032
Install artificial turf on football field
203!
Renovate basketball courts
2021
Overlay parking lot
2021
Develop a master plan
2031
Instal new shelters (Sites 2-5)
2028-2033
Re -pipe annex and beach house restrooms
2021
Artificial Turf Replacement- Karl Grosch
203:
Parking Lot Repairs
202,
Artificial turf- Site #5
203:
Dock Replacement
202"
New Maintenance Shop (Parks Share, 33%)
203:
Shop - Backup power generator
202
Shop - Electrical Service - new panel
202,
Shop Roof
2021
Storage House - New Garage Doors
202,
Storage House Roof
202,
Install shade covers
202
Install 2nd shelter
2031
Band shell
2021
Veteran memorial
202
Implementation of wayfindingsignage program
2030-2040
Park Impact Fee Study
page 13
36,000
60,000
175,000
143,000
48,000
36,000
60,000
125,000
6,000
83,000
200,000
700,000
300,000
50,000
340,000
200,000
150,000
18,000
89,000
83,000
600,000
40,000
505,000
1,429,000
71,000
48,000
149,000
292,000
238,000
700,000
10,000
1,300,000
1,250,000
11, 666, 667
40,000
7,500
75,000
7,000
20,000
89,000
83,000
Replace and improve playground
2019
167,000
Renovate caretaker access road
2033
12,000
Make parking lots repairs
2025
48,000
Expand parking lot -
2033
149,000
Replace maintenance garage
2030
89,000
Repair asphalt trail
2026
12,000
Upgrade park fixture
2035
12,000
Total
$ 44,256,667
Source: 2019 PROS Plan Table 7.2, City staff
17.05%
17.05%
17.05%
17.05%
17.05%
17.05%
17.05%
17.05%
17.05%
17.05%
0.00%
17.05%
17.05%
0.00%
0.00%
0.00%
0.00%
0.001%
0.00•%
0.00%
17.05%
17.05%
17.05%
17.05%
0.00%
0.00•%
17.05%
17.05%
0.00%
0.001%
17.05%
17.05%
0.00%
0.00%
0.00•�
17.05%
0.001%
17.05%
17.05%
17.05%
17.05%
17.05%
17.05%
17.05%
17.05%
17.05%
17.05%
17.05%
17.05%
0.00%
0.00•�
17.05%
0.00%
0.00%
17.05%
6,138
10, 230
29,838
24,382
8,184
6,138
10,230
21,313
14,152
34,101
15,175
14,152
86,104
243,649
25,405
49,787
221,654
1,989,200
6,820
1,279
12,788
1,194
3,410
15,175
14,152
28,474
25,405
2,046
$ 5,974,278
COUNCIL MEETING DATE May 16, 2023
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: HOUSING ACTION PLAN IMPLEMENTATION CODE AMENDMENTS
POLICY QUESTION: Should the City Council adopt various amendments to Title 19 FWRC that are responsive
to the study conducted by Heartland, LLC as part of implementation of the Housing Action Plan?
COMMITTEE: Land Use & Transportation
MEETING DATE: May 1, 2023
CATEGORY:
❑ Consent ® Ordinance ® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Keith Nivenw DEPT: CD
Attachments: 1. Staff Report
2. Ordinance
Options Considered:
1. Adopt the proposed ordinance and set the public hearing.
2. Do not adopt the proposed ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: DIRECTOR APPROVAL: W2/28/23
�x�`{v't (2�
Comm ttce Council Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance for Public Hearing and First
Reading on May 16, 2023.
Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (5/16/23): "I move to forward approval of the proposed ordinance to the
June 6, 2023, Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE (6/6/23): "I move approval of the proposed ordinance. "
(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: March 13, 2023 (April 24, 2023)
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Keith Niven, CD Director
SUBJECT: HAPI code amendments (updated)
Financial Impacts:
There are no costs to the City for adopting the proposed code amendments.
Background Information:
In late 2022, Heartland, LLC was hired by the City to evaluate 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 of 2023.
Based on their existing conditions evaluation and gap analysis, Heartland recommended 9 actions
to address issues they found. These recommendations included:
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;
8. Remove the City's inclusionary requirement; and,
9. Remove the restrictions on building form.
Staff Response
1. Proposed under separate Ordinance (Title 3).
2. Proposed revisions are included.
3. Not supported at this time. Study this further as part of the update to the City's Housing
Chapter of the Comprehensive Plan (2024).
4. Not supported. The code currently allows for a parking reduction with a technical analysis.
No added revisions are warranted.
5. No revisions are proposed at this time. Staff are reviewing open space requirements as part
of a stand-alone code amendment (2023).
6. Supported — not a code revision, but a revision to PW development standards.
7. Proposed revisions are included.
8. Not supported.
9. Proposed revisions are included.
Procedural Summary:
2/17/23: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental
Rev. 6/2020
March 6, 2023
Land Use and Transportation Committee
HAPI Code Amendment
Page 2
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 1 st Reading (anticipated date)
5/2/23: City Council 2nd Reading (anticipated date)
Planning Commission Recommendation:
The Planning Commission conducted a Public Hearing on March 15, 2023. There were no public
comments regarding these proposed code amendments. Following Commission discussion and
deliberations, consistent with 19.80.240(1)(c), the Planning Commission forwarded the proposed
code amendments to the City Council with a recommendation for apnroval incorporating
additional clarifications on the proposed revisions relating to ground floor non-residential
re uirements and school impact fees relating to increasinC7 predictability to the school district while
preserving City Center incentives.
Decision Criteria:
FWRC Chapter 19.80.130 provides criteria for zoning text amendment. The following section
analyzes compliance of the proposed zoning text amendment with the criteria provided by this
chapter. The City may amend the text of the FWRC only if it finds that:
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.
March 6, 2023
Land Use and Transportation Committee
HAPI Code Amendment
Page 3
HP 14 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.
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)
Update (April 24, 2023)
The Agenda Bill and draft Ordinance was held in committee. Staff were asked to consider
comments provided by the school district and developer representatives. In addition, the City
received public comment that the proposed 25% ground floor retail space still represented too
much to be supported by current market conditions.
School hnpact Fees
Public comments from the school district sought an amendment to the proposed code to allow for
an increase in school impact fees for projects that generated a higher rate of students.
Staff Response: Given the school district does not have data on student generation rates broken
out by size of multifamily unit, an amendment was included to allow for increased collection in
the City Center and Community Business zones for units larger than 2 bedrooms.
Comments from developers' representatives indicated a desire for greater predictability in
planning for school impact fees given the permitting process could take in excess of 2 years.
March 6, 2023
Land Use and Transportation Committee
HAPI Code Amendment
Page 4
Staff Response: The recommendation from Heartland is to increase predictability and to increase
housing production in the City Center and Community Business areas. To be responsive, the
updated proposal is to cap the impact fees in the City Center and Community Business areas at
$0. In addition, the caps for the rest of the City were adjusted to be the average, minus the years
where the impact fees exceeded $15,000/unit. This resulted in the fees being set at $3,604 for
single family and $2,222 for multifamily. And, the annual inflator was capped at 5%.
Ground floor retail for the CC-C zone
The City received a comment from a developer looking to acquire property in the City Center.
They have drafted plans for development and have expressed concern over the required 25%
ground floor retail space.
Staff Response: The current code requires 100% of the ground floor to be non-residential space.
Staff suggested a significant reduction to 25%. In looking at the proposed buildings to be built
by OneTrent on the TC-3 property, staff believe 15% to be better supported by the market. The
Ordinance reflects this additional revision.
ORDINANCE NO.23-
AN ORDINANCE of the City of Federal Way, Washington, relating to
incorporating code amendments to the Community Business (BC), City
Center core (CC-C) and City Center frame (CC-F) zones to boost
housing production; amending FWRC 19.95.020, 19.95.030,19.95.040,
19.95.050, 19.110.010, 19.220.050, 19.225.070, and 19.230.060; adding
new sections FWRC 19.95.045,19.95.047, and 19.95.057; and repealing
FWRC 19.95.065. (Amending Ordinance Nos. 90-43, 93-170, 95-249,
96-270, 97-291, 97-293, 97-306, 02-424, 06-515, 06-542, 07-554, 07-559,
08-585, 09-600,10-678, 12-727,12-735, 14-757, 16-822, 17-834).
WHEREAS, the City of Federal Way ("City") recognizes the need to periodically modify
Title 19 of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order
to conform to state and federal law, codify administrative practices, clarify and update land use
and 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 initiated code amendments intended to increase the production
of housing in the Community Business (BC), City Center core (CC-C) and City Center frame (CC-
F) zones; and
WHEREAS, State agencies received 60-day notice of the proposed amendments on
February 13, 2023 (ID 2023-S-4785); and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to
Chapter 19.35 FWRC; and
WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly
issued for the proposed code amendments on February 17, 2023, no comments were received and
Ordinance No. 23- Page I of 24
the DNS was finalized on March 3, 2023, and no appeals were filed and the appeal period has
expired; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on March 15, 2023; and, forwarded a recommendation of approval to
the City Council incorporating additional clarifications to the proposed revisions relating to ground
floor non-residential requirements and increasing predictability for the school district while
preserving City Center incentives; and
WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council
considered these code amendments on April 3, 2023, and recommended adoption of the text
amendments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findin s. 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 findings 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 removing many of the barriers to the production of housing in the
BC, CC-C, and CC-F 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 anticipates seeing 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.
(c) These code amendments comply with Chapter 36.70A RCW, Growth Management.
Ordinance No. 23- Page 2 of 24
(d) These code amendments are consistent with the intent and purpose of its title under
FWRC and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
(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. ConcIusions. 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:
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.
Ordinance No. 23- Page 3 of 24
HP14 Review zoning, subdivision, and development regulations to ensure that they further
housing policies, facilitate infill development and don't create unintended barriers.
(b)� The proposed FWRC amendments bear a substantial relationship to the public
health, safety, and welfare because the 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.
(c) The proposed amendments are in the best interest of the public and the residents of
the City of Federal Way as the proposed FWRC text amendments remove many of the barriers to
the production of housing in the BC, CC-C, and CC-F 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 Housing Action Plan ("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)
Section 3. FWRC 19.95.020 is hereby amended to read as follows:
19.95.020 Definitions.
Ordinance No. 23- Page 4 of 24
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. To the extent they do not conflict with this section, the definitions in RCW 82.02.090
are adopted and apply throughout this chapter unless the context clearly requires otherwise. Terms
not defined here or in RCW 82.02.090 are defined according to FWRC 1.05.020.
"Capital facilities plan" means the district's capital facilities plan adopted by the school board
consisting of:
(1) A forecast of future needs for school facilities based on the district's enrollment projections;
(2) The long-range construction and capital improvements projects of the district;
(3) The schools under construction or expansion;
(4) The proposed locations and capacities of expanded or new school facilities;
(5) At least a six -year financing plan component, updated as necessary to maintain at least a six -
year forecast period, for financing needed school facilities within projected funding levels, and
identifying sources of financing for such purposes, including bond issues authorized by the voters
and projected bond issues not yet authorized by the voters;
(6) Any other long-range projects planned by the district; and
(7) A recommended impact fee amount per dwelling
unit type.
"Classrooms" means educational facilities of the district required to house students for its basic
educational program. Specialized facilities as identified by the district, including but not limited
to gymnasiums, cafeterias, libraries, administrative offices, and child care centers, are not
classrooms.
"Construction cost per student" means the estimated cost of construction of a permanent school
facility in the district for the grade span of school to be provided, as a function of the district's
Ordinance No. 23- Page 5 of 24
design standard per grade span and taking into account the requirements of students with special
needs.
"Design standard" means the space required, by grade span and taking into account the
requirements of students with special needs, which is needed in order to fulfill the educational
goals of the district as identified in the district's capital facilities plan.
"Developer", means the person or entity who owns or holds purchase options or other development
control over property for which development activity is proposed.
"Development activity" means any residential construction or expansion of a building, structure or
use, any change in use of a building or structure, or any change in the use of land that creates
additional demand for school facilities.
"District" means the Federal Way School District No. 210, King County, Washington.
"Elderly" means a person aged 62 or older.
"Encumbered" means to reserve, set aside, or otherwise earmark the impact fees in order to pay
for commitments, contractual obligations, or other liabilities incurred for public facilities.
"Grade span" means the categories into which a district groups its grade of students, i.e.,
elementary school, middle or junior high school, and high school.
"Interlocal agreement" means the interlocal agreement by and between the city and the district as
authorized in FWRC 19.95.090.
"Permanent facilities" means the facilities of the district with a fixed foundation which are not
relocatable facilities.
Ordinance No. 23- Page 6 of 24
"Relocatable facility" means any factory -built structure, transportable in one or more sections, that
is designed to be used as an education space and is needed to prevent the overbuilding of school
facilities, to meet the needs of service areas within the district, or to cover the gap between the
time that families move into new residential developments and the date that construction is
completed on permanent school facilities.
"Relocatable facilities cost per student" means the estimated cost of purchasing and siting a
relocatable facility in the district for the grade span of school to be provided, as a function of the
district's design standard per grade span and taking into account the requirements of students with
special needs.
"Site cost per student" means the estimated cost of a site in the district for the grade span of school
to be provided, as a function of the district's design standard per grade span and taking into account
the requirements of students with special needs. .
"Standard of service" means the standard adopted by the district which identifies the program year,
the class size by grade span and taking into account the requirements of students with special
needs, the number of classrooms, the types of facilities the district believes will best serve its
student population, and other factors as identified by the district. The district's standard of service
shall not be adjusted for any portion of the classrooms housed in relocatable facilities which are
used as transitional facilities or for any specialized facilities housed in relocatable facilities. Except
as otherwise defined by the school board pursuant to a board resolution, "transitional facilities"
shall mean those facilities that are used to cover the time required for the construction of permanent
facilities called for in the capital facilities plan, where the district has the necessary financial
commitments in place to complete the permanent -facilities.
Ordinance No. 23- Page 7 of 24
"Student factor" means the number derived by the district to describe how many students of each
grade span are expected to be generated by a dwelling unit. Student factors shall be based on
district records of average actual student generation rates for new developments constructed over
a period of not more than five years prior to the date of the fee calculation, unless such information
is not available in the district, in which case data from adjacent districts, districts with similar
demographics, or county -wide averages may be used. Student factors must be separately
determined for single-family and multifamily dwelling units, and for grade spans.
Section 4. FWRC 19.95.030 is hereby amended to read as follows:
19.95.030 Impact fee program elements.
(1) Impact fees will be assessed on all residential development activity in the city based on the
provisions of this chapter FWRC 1995.050.
(2),The impact fee imposed shall be reasonably related to the impact caused by the development
and shall not exceed a proportionate share of the cost of system improvements that are reasonably
related to the development.
(3) The recommended impact fee imposed shall be based on a take in4a eelm;,.:,a.,vati..n the capital
facilities plan developed by the district and approved by the school board, and adopted by ~ems miee
Section 5. FWRC 19.95.040 is hereby amended to read as follows:
19.95.040 hAtia�Recommended flee calculations.
(1) The ala•ecommended impact fees calculation for the district shall be ^based on the
formula set forth in Exhibit A attached to the ordinance codified in this chapter. A copy of the fee
calculation formula shall be kept on file with this ordinance in the office of the Federal Way city
clerk. Such formula shall take into account the following: The capital facilities needs of the district
Ordinance No. 23- Page 8 of 24
as identified in the capital facilities plan, the district's student generation rates for single-family and
multifamily dwelling units, the school site and school construction costs per student per grade level,
the district's standard of service, and the relocatable facilities cost per student per grade level.
(2) Separate fees shall be calculated for single-family and multifamily dwelling units, and separate
student generation rates must be determined by the district for each type of dwelling unit. For
purposes of this chapter, manufactured homes and st -uet three ' c`dei+ti ' of its '
"1l"L.] VI
less -shall be treated as single-family dwelling units and duplexes .,.~••ewres eonta:r:.,n fflane�
thfee r-esi ei4i ' unit shall be treated as multifamily dwelling units.
(3) The it+4ia4--recommended fee calculations shall be made on a district -wide basis to assure
maximum utilization of all school facilities in the district currently used for instructional purposes.
Impact fees shall be calculated annually and set forth in a -the city fee schedule
eeune-i4-pursuant to FWRC 19.95.100 and 19.95.110.
(4) The formula in Exhibit A provides a credit for the anticipated tax contributions that would be
made by the development based on historical levels of voter support for bond issue in the district,
which historical levels shall be determined by the district.
(5) The formula also provides for a credit for school sites or facilities actually provided by a
developer which the district finds to be acceptable as provided for in FWRC 19.95.060.
Section 6. FWRC 19.95.050 is hereby amended to read as follows:
19.95.050 Assessment of .impact fees.
(1) The city shall collect school impact fees in the amounts specified in the fee schedule
adopted by city council, from any applicant seeking development approval from the city where
such development activity requires the issuance of a residential building permit or a manufactured
home permit.
Ordinance No. 23- Page 9 of 24
(2) For all applications for single-family, multifamily residential building permits, and
manufactured home permits, the total amount of the impact fees shall be assessed and collected
from the applicant when the building permit is issued, using the fee schedule then in effect.
Irrespective of the date that the application for a building permit or manufactured home permit was
submitted, no permit shall be issued until the required school impact fees set forth in the fee
schedule have been paid, except as authorized under FWRC 19.95.055.
Section 7. 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. "Otivner-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 county income. "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 median county income.
(3) Nfultiple 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 10 of 24
(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.
Affordable dwelling units required under the provisions of this subsection in the BC. CC-F. and
CC-C zones shall be exempt from parking space requirements.
(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.
(5) Provisions for affordable housing for cottage housing development in single-family residential
zones are set forth in Chapter 19.250 FWRC.
(6) 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 8. FWRC 19.220.050 is hereby amended to read as follows:
19.220.050 Multifamily dwelling units
Ordinance No. 23- Page 11 of 24
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
ZONE
Required Yards
USE REGULATIONS
Required
Review
Process
Lot
Size
Height of
:Structure
(Required
(Parking
ces
aces 5
pa
BC
SPECIAL REGULATIONS AND
NOTES
Front
Side
(each)
Rear
Multifamily
Process
None
Same as these
65 ft.
See notes
1. All nonresidential ground
dwelling units
II or,
regulations for
above
-54 - 97
floor spaces must have a
(stacked dwelling
with
ground floor
average
minimum floor -to -ceiling
units)
SEPA,
use except 20
building
Affordable
height of 13 ft. and a
dwelling
Process
ft. abutting
elevation
minimum depth of 15 ft.
III
single-family
(ABE)
units: 0
2. Building height may not
residential
for each
exceed 30 ft. above average
zones
See note
unit
building elevation for the
See notes 2
and a-413
2
portion of the building
located within 100 ft. from a
single-family residential
zone.
i All hr gilding&-e n�t_fr
-n-r�P-c-rv-�
rnl �rsd
str6 u;,e-s
parking
a
up to 6S ft in height (six
rnnfc nlecc
with
pitched
the b it taller rh-An --
uilydiRg -+--cr*arrr,+
f+ rrnriecl w4h a
(threw
rr. CrrTT'c���c`_r''ry�rrrc�ry
r,nft„n rl at rnn*rih44ec to
�� mIriF�mil.r nnc.n
irorvan+r
43. Multi -unit housing and
accessory living facilities
may be located on the
ground floor of a s+re
buildings on the subject
property only as f^'lawr,: (a
if ground floorle*L4 space
that spans at least 6940
percent of the total length
of the buildings adjacent t_a
the nrmRdpal rnmme*c4
f-.��.la r.i sl1 hilrlinnc
rcrcvac
Ordinance No. 23- Page 12 of 24
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
ZONE
Required Yards
Required
iHeight of
Required
IBC
Review
Lot
Side
'Structure
Parking
USE REGULATIONS
Process
Size
Front
{each)
Rear
S p aces
'SPECIAL REGULATIONS AND
NOTES
b
&ubj_a4rrimary vehicular
access, as determined by
the director, is occupied
with one or more other
permitted use(s) that is
open to the ub L .a&
prr yrrc'rl cv--n-r-cs'r*1'corn.'�v7
rnl,rn�r� t-mcrnc
at Inart Afl n - n rnf
Spans
the tot -.I I ...nth of " othe+
str ear far@rles of all
-faring
with
buildings is
err= pied
nne nor nmOCe Q#I`r .�cqT 1,
�Iln.r.nrl in o 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.
-54. 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.
655. 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
Ordinance No. 23- Page 13 of 24
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards ZONE
Required Height of Required BC
Review Lot Parking
Side Structure USE REGULATIONS ,S
Process Size (Front (each) aces Rear p 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.
Dwelling units with two
bedrooms or more - 2.0 per
unit.
76. Dwelling unit parking
stalls are in addition to
required parking for all
nonresidential ground floor
uses.
97. Alternatively, applicant
may choose to submit a
parking study in accordance
with FWRC 19.130.080(2).
-98. Chapter 19.265 FWRC
contains regulations
regarding accessory uses,
buildings and structures.
Accessory dwelling units are
not permitted.
4-99. 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.
1 19.220.050 Multifamily dwelling units. (Continued)
Ordinance No. 23- Page 14 of 24
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS
Minimums
ZONE
Required Yards
Required
Height of
Required
B
Review
Lot
Side
Structure
Parking
USE REGULATIONS
Process
:Size
Frontt(each)
(each)
Rear
Spaces
SPECIAL REGULATIONS AND
NOTES
b
4410. 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.
4-211. 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.
4-312. For community design
guidelines that apply to the
project, see
Chapter 19.115 FWRC.
4-413. Refer to
Chapter 19.125 FWRC, Outdoors,
Yards, and Landscaping, for
appropriate requirements.
Ordinance No. 23- Page 15 of 24
USE REGULATION
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS
Minimums
Required Yardsl ZONE
quiredi IHeight
view JLot I StructL
)cess Size (Front Side Rear
ileach)
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.
equired BC
arking
paces SPECIAL REGULATIONS AND
NOTES
4-514. For sign requirements that
apply to the project, see
Chapter 19.140 FWRC.
4615. For affordable housing
requirements, see
FWRC 19.110.010.
4716. For provisions that relate to
the keeping of animals, see
Chapter 19.260 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.
Section 9. FWRC 19.225.070 is hereby amended to read as follows:
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:
Ordinance No. 23- Page 16 of 24
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use. THEN, across for REGULATIONS
Minimums
Required Yards
7ANE
Required
Height of
Required
C�-C
Review
Lot
Side
Parking
USE REGULATIONS
Process
'Size
Front Rear
(each)
Spaces Spaces
SPECIAL REGULATIONS
AND NOTES
� b
Multifamily
Process
None
Multifamily
70 ft.
Multifamily
1. The city may, using
dwelling units
II
dwelling units,
or
dwelling
process III, modify
(stacked dwelling
Possible
senior housing,
200 ft.
units: 1 per
required yard, height, lot
units)
Process
or special
unit if
coverage, and other site
III
needs housing:
See
underground
design and dimensional
Senior citizen or
same as these
notes 1
or in
requirements for a
special needs
See
regulations for
and
structured
proposed development
housing (stacked
note 1
ground floor
parking or
that meets the following
dwelling units)
use
1.7 per unit if
criteria:
surface
a. The proposed
Stand-alone
parking
development will be
senior citizen
consistent with the
or special
See notes
adopted comprehensive
needs housing:
2416 - 2419
plan policies for this zone;
20
5 ft.
5
and
ft.
ft.
Senior
b. The proposed
citizen
development will be
See notes 1, 2
housing: 1
consistent with the
and10
for each unit
applicable design
guidelines; and
Special
c. The street, utilities,
needs
and other infrastructure
housing: 0.5
in the area are adequate
for each unit
to support the proposed
development.
Affordable
2. No setback is required
dwelling
adjacent to rights -of -way
units: 0 for
for senior citizen and
each unit
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 Theo tiro fleer
ground
my st be i itilimrl niith
Ordinance No. 23- Page 17 of 24
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use _ .: THEN, across for REGULATIONS
Minimums
7ANE
Required Yards
USE REGULATIONS
Required
Review
Process
Lot
Size
Height of
Structure
RequiredC-C
iParking
,S
Spaces
SPECIAL REGULATIONS
AND NOTES
Front
'Side
(each)
Rear
b
retail space(s) with a
A4!Aimum flrjGr- �oij_'
-rT'T6
height of 13 # A
minimum of 1 25 of-e
ground floor must be
comprised sed of non-
residential uses open t
he public. Where an
portion of the subject
P—roperty is locate
adjacent to the _
intersection of multi
streets, the ground floor
space for a di5tarrce of SQ
feet from the nearest
point of the subject
property to any such
street intersection, shall
be limited to
Entertainment or Detail
uses- Ground floor space
limited to entertainment
or retail uses under the
preceding sentence mau
taunt toward the 125
non-residential use
requirement under this
note.
A Dor�il cec aflniw0Pd in
.a�at.+iarr�v-rsT
this Znne may he
on fhz crr Q
pe;-�rE
flrnnr of st:;c-kp l ceninr
special needs
cat*zen er
hn61SORgWith a m4AiM4—.
floor _ta_rnili ." �io�ght of
ti 3 t.
-54. Primary building
entries to residential,
retail, or parking must
Ordinance No. 23- Page 18 of 24
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
ZONE
Required Yards
USE REGULATIONS
b
Required
Review
Process
Lot
Size
Height of
Structure
Required
Parking
S p aces
CC—�
SPECIAL REGULATIONS
AND NOTES
face an arterial street
Front
Side
(each}
Rear
with no multifamily
residential ground -floor
parking visible from
arterial streets.
C. All exrmept for
related parking strn v-ti fires
--
to 65 ft in height (sex
Up
Nha hi iilrf'in is t�llnr thin
c�crarrm��--cr-rcr+�
35 ft (three stories) with
W414&4nU44ami n�
snare r e q ii rem entc
-75. 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.
96. 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,
Ordinance No. 23- Page 19 of 24
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards 7ANE
Required Height of Required
Review Lot Parking
USE REGULATIONS (each) aces
Side Structures Process Size Front Rear P 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.
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.
-97. 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,
Ordinance No. 23- Page 20 of 24
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards 7.oNE
Required Height of Required
Review Lot parking
Side Structure S aces
Process Size Front Rear p SPECIAL REGULATIONS
USE REGULATIONS (each)
,AND NOTES
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. (Continued)
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
ZONE
Required Yards
Required
(Height of
(Required-C
Review
Lot
Side
Structure,
(Parking
�
USE REGULATIONS
Process
Size
Front
(each)
Rear
Spaces
SPECIAL REGULATIONS AND
NOTES
4-08. 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.
449. For community design
guidelines that apply to the
project, see
Chapter 19.115 FWRC.
a-210. Refer to
Chapter 19.125 FWRC, Outdoors,
Yards, and Landscaping, for
appropriate requirements.
-1411. For sign requirements that
apply to the project, see
Chapter 19.140 FWRC.
Ordinance No. 23- Page 21 of 24
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use, THEN, across for REGULATIONS
USE REGULATIONS
b
Required
Review
Process
Minimums
(Height of
Structure
Required-C
Parking
aces S
p
ZONE
SPECIAL REGULATIONS AND
NOTES
Lot
Size
Required Yards
Front
Side
(each)
Rear
4-412. Chapter 19.265 FWRC
contains regulations regarding
accessory uses, buildings and
structures. Accessory dwelling
units are not permitted.
4-1513. Chapter 19.270 FWRC
contains regulations regarding
home occupations.
4-614. For affordable housing
requirements, see
FWRC 19.110.010.
4-715. For provisions that relate to
the keeping of animals, see
Chapter 19.260 FWRC.
14 Cinnle_ctnr-,1 iii iifrd i. n.¢c mom,. nn,t
vroorl s rnt�l orniinr{. fJnnr �rnu
L'R1�L
4 6,990 gross cn ft., ulrn r�
of
prn,.erl , 4nrfer the nrsviicinnr of
�irectnr for minrsr�
ac nnrnr ctri-cwFnc in hhioc
b
warn-c.a-a�. re.rrvb ,
ca Ting nr rlininv ere �c 1-, �..
T
w. and cimil-r-e;X-si
err
that such additinnClAI]
nrvv
r
&h ll t non rrt fr nnT
b gilding in aRy Gnn_rnncnri itive
17_mnnth period
nn,wr rzons4 w;tion
singla_sinry
Ia rt nrnncrThy
may accu-
nvrli Arlin¢ intro irnr �nnrn.rnrl
inrinr the ptQyir'npc of
vrrc 1.-r-c.-r��rvr�-�vrrsvT
rmlpl ' IQ 7.11_LLSSLIl aprd minor
s rl rl iti r.ps �pprp,.orl h.. rho_
rlirertnr ''Ad pntn 9 S2
vrr orr-e--Pote4r.
S-a--e
RG)t. ram, ,�h�',nrr k,� nnric 1 S2 anLi_'1_LL•
prn.ri rierl that �t n�rh Plant rnntRinr
d
�rr_r.-i e , ucr�--rvvrzv�cc-+-ram
lei t 7C percent of the gross
at
Ordinance No. 23- Page 22 of 24
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards ZON1E
uired
iew 'Lot Height
Side Structu
cess Size Front . Rear
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.
equired
arking
paces SPECIAL REGULATIONS AND
NOTES
cn ft G 4e Flnr.r helnt�i,�fF �
ce-ntainc a retail u se(s)
2416. 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.
2-318. 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.
2- 19. 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.
For details of what may exceed
this height limit, see
FWRC 19.110.050 et seq.
Ordinance No. 23- Page 23 of 24
USE ZONE CHART '
DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS
Minimums
Required Yards ZONE
Required Height of Required
Review Lot Parking
USE REGULATIONS [each] $
Side Structure
Process Size Front Rear paces SPECIAL REGULATIONS AND
NOTES
� b
For details regarding required
yards, see FWRC 19.125.160 et
seq.
Section 10. FWRC 19.230.060 is hereby amended to read as follows:
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
ZONE
Required Yards
Required
Height of
(Required
Review
Lot
Side
Structure,
(Parking
USE REGULATIONS
Process
Size
Front
(each)
Rear
paces
,SPECIAL REGULATIONS
.AND NOTES
b
Multifamily
Process
None
Multifamily
70 ft.,
Multifamily
1. The city may, using
dwelling units
II
dwelling units,
or
dwelling
process III, modify
(stacked dwelling
Possible
senior housing,
85 ft.
units: 1 per
required height, yard,
units)
Process
or special
unit if
landscape and other site
III
needs housing:
See
underground
design and dimensional
Senior citizen or
Same as these
notes 1,
or in
requirements for a
special needs
See
requirements
63 and
structured
proposed development
housing (stacked
note 1
for ground
64
parking or
that meets the following
dwelling units)
floor use
1.7 per unit if
criteria:
surface
a. The proposed
Stand-alone
parking
development will be
senior citizen
consistent with the
or special
See notes
adopted comprehensive
needs housing:
2416 - 2318
plan policies for this zone;
20
5 ft.
5
and
ft.
ft.
Ordinance No. 23- Page 24 of 24
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS
Minimums
ZONE
Required Yards
USE REGULATIONS
b
Required
Review
Process
Lot
Size
Height of
Structure
Required
Parking
S p
Senior
SPECIAL REGULATIONS
AND NOTES
b. The proposed
Front
Side
(each)aces
Rear
See notes -47
6-,4. 8, and 10,
citizen
development will be
a 1:2
housing: 1
consistent with applicable
for each unit
design guidelines; and
c. The street utilities
Special
and other infrastructure
needs
in the area are adequate
housing:
to support the proposed
0.5 for each
development.
unit
2 All buildings, exGept fnr
ctrsso ros
roSSted
Affordable
paFkiRg
up to GC {r in helgl;t (slv
dwelling
sta s), must be ga �
units: 0 for
ss
each unit
35 stories) with
he
-2. Multi -unit housing
and accessory living
facilities may be located
on the ground floor of a
s t r-pe-buildmZs on the
subject property only as
ff.,ll, 4if ground
floorlevei space that
spans at least 6940
percent of the total length
of the buildings adiacent
to the dal
44aGa4 s r F�
buildings c �ubf&r_`prinafy
vehicular access, as
determined by the
director, is occupied with
one or more other
permitted use(s) that is
open to the public.a-s
Ordinance No. 23- Page 25 bf 24
USE ZONE
CHART
DIRECTIONS:
FIRST,
read down to
find use..
, THEN, across
for REGULATIONS
Minimums
ZONE
Required Yards
USE REGULATIONS
b
Required
Review
Process
Lot
'Size
Height of
Structure
Required
Parking
S p aces
SPECIAL REGULATIONS
.AND NOTES
�Ilnw.ed in this ZORe ..edti
Front
Side
(each}
Rear
cmvT�'p-�-i'Trrr�-cvTn r
/hl greURd level snare
that spaRS at le -act 40
ap�rr�C nt�nf trho F..r���
Fof all ether Street_far'ng
ith GAL
in thine. 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.
4 ('emmerri;;l i qps;
�Ilnumri in t�i� Bona mw
he Permitted OR the
finer of ct_rLerJ
ground
senior citizen er Special
n nti rJ c.�ni_ir � n n
.r. finnr_tn_rc.iling
MWMIU
height of 4 3 ft.
63. 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.
64. Structures on
property that adjoins a
Ordinance No. 23- Page 26 of 24
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use.. . THEN, across for REGULATIONS
Minimums
ZONE
Required Yards
Required
Height of
Required-F
Review
Lot
Side
Structure
Parking
USE REGULATIONS
Process
Size
Front
(each)
Rear
5 paces
SPECIAL REGULATIONS
AND NOTES
b
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.
-75. 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
Ordinance No. 23- Page 27 of 24
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS
Minimums
Required Yards ZONE
Required Height of Required
Review Lot Side Structure S ace Parking
USE REGULATIONS {each]
Process Size Front Rear P SPECIAL REGULATIONS
b AND NOTES
specified in
FWRC 19.115.115.
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.
(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.
19.230.060 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
7ANE
Required Yards
Required
Height of
(Required
Review
Lot
Side
Structure,5
(Parking
USE REGULATIONS
Process
Sire
Front
(each)
Rear
aces
Spaces
SPECIAL REGULATIONS AND
NOTES
b
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
Ordinance No. 23- Page 28 of 24
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
ZONE
Required Yards
Required
Height of
Required-F
(Review
Lot
'Side
:Structure
Parking
USE REGULATIONS
(Process
Size
Front
i(each)
Rear
Spaces
SPECIAL REGULATIONS AND
(NOTES
b
documents that less common
open space will be adequate to
serve the needs of the residents.
-7. 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.
4-08. 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.
149. For community design
guidelines that apply to the
project, see
Chapter 19.115 FWRC.
-1-210. Refer to
Chapter 19.125 FWRC, Outdoors,
Yards, and Landscaping, for
appropriate requirements.
1311. For sign requirements that
apply to the project, see
Chapter 19.140 FWRC.
4-412. Chapter 19.265 FWRC
contains regulations regarding
accessory uses, buildings and
structures. Accessory dwelling
units are not permitted.
4-513. Chapter 19.270 FWRC
contains regulations regarding
home occupations.
Ordinance No. 23- Page 29 of 24
'USE ZONE CHART
DIRECTIONS: FIRST, read down to find use.. . THEN, across for REGULATIONS
USE REGULATIONS
b
Required
Review
Process
Minimums
lHeight of
'Structure
Required
Parking
S p aces
ZONE
SPECIAL REGULATIONS AND
(NOTES
Lot
Size
Required Yards
Front
Side
{each}
Rear
4-614. For affordable housing
requirements, see
FWRC 19.110.010.
4L715. For provisions that relate to
the keeping of animals, see
FWRC 19.260.010 et seq.
14 Sinnlc_story b not
nvrnori a total. aresi tnfl floor �rau
coca-v-
of 116,009 rrrnrr rn ft., i inlosc
the nrnyiciancnf
approved under
PNIRC i. Q_'l 111_052 C1 nr annrn�rorl %te
ed
firpro y
thp dinactpr For minnr ddr,inn.
rh „try stri Gturnr lobbies,
-seRting nr diningire hie■
T
h*@idtt rU Gh additirtn(c)
Provided,
tcc ��
17_mnnth neried
W ri nrrle_cte Fy ran.tri arm 44
rr'*ca
burls .riinn inrr ezuigA
i nrler the nr9„i.innc of
CIAmr 10 11 Cl Q8Q pd minnr
)CI A iltiple story buiie'4Rg-s am
R9trr�t ert•� _rnAnttic 1 9-aAd ,
aim- provided, fI•»Gh floor,
rnn+zinc �t lo�ct 7�. ne---rnnt of the
rr�--�-�--rcry-.c-.sR
p�
rr.•ncc rn ft of thn flapr__helnut it
�nrl rn nt�inr a nrinrin�l i icc�lcl
z.n�7
nermitto rd in this 7nne
2416. Parking may be provided
underground or above ground in
structured parking or may be
permitted as surface parking.
Ordinance No. 23- Page 30 of 24
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards ZONE
Required Height of Required C-F
Review Lot Parking
Side Structure USE REGULATIONS S Process 'Size Front {each} aces Rear p 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.
2-217. Dwelling unit parking stalls
are in addition to required
parking for all nonresidential
ground floor uses.
2- 18. 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.
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 11. A new section FWRC 19.95.045 is hereby added to Chapter 19.95 FWRC to
read as follows:
19.95.045 Impact fee maximum.
1 For evelo ments in the CC-C. CC-F. an$or BC zones.:
notwithstanding the initial -recommended fee calculation under FWRC 19.95.040. the 4
impact fee assessed under FWRC 19.95.040 for sStudio, one 4--bedroom, and 2-two bedroom
dwelling units in the development may not exceed S0.
Ordinance No. 23- Page 31 of 24
rircu. .x�43 x4..M
Nd..ti: f� .,,:I.• f?esideiitial Units�i `✓--
For develo tments outside
the CC-C. CC-F. and BC zones. notwithstanding the i-n-i-"recommended fee calculation Linder
FWRC 19.95.040. the dim act fee assessed under FWRC 19.95.040 may not exceed:
a $3.604.00 per single-family dwelling unit; or
b $2.222.00 per irtultifain ily dwelling unit.
3 The impact fee maximum established in the MONJOLIS subsectionFWRC 19.95.045 2 shall
shall -be—increased annually by 5% starting on August I.2024, by a ma.•:.,.,ffn of ^% . the -saw
Section 12. A new section FWRC 19.95.047 is hereby added to Chapter 19.95 FWRC to
read as follows:
19.95.047 Council discretion in adopting impact fee.
As provided in FWRC 19.95.040 and 19.95.045. the impact fee adopted b • city council in the fee
schedule shall be - based on the merecommended fee calculation, and no higher than
the im act fee maximum. The city council may. at its discretion. impose a lesser impact fee than
the ;„recommended fee calculation amount and/or impact fee maximum.
Ordinance No. 23- Page 32 of 24
Section 13. A new section FWRC 19.95.057 is hereby added to Chapter 19.95 FWRC to
read as follows:
19.95.057 Administrative fees.
1 For each im act fee iml2osed, there shall be charged an administrative.fee for the administration
of the school impact fee program in the amount specified in the city fee schedule. The
administrative fee shall be deposited into an administrative fee account within the school impact
fee fund provided for in FWRC 19.95.080. Administrative fees shall be used only to defray the
cost incurred by the city in performing actions related to implementation of this cha ter and update
of the school impact fee program. The administrative fee is not creditable or refundable.
The administrative fee shall be paid by the a licant at the same time as the impact fee.
Section 14. FWRC 19.95.065 is hereby repealed in its entirety.
Section 15. Severabilit . 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 16. 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 17. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Ordinance No. 23- Page 33 of 24
Section 18. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way this day of
2023.
ATTEST:
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 23- Page 34 of 24
COUNCIL MEETING DATE: N/A
ITEM #: G
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PROGRESS UPDATE ON SOUND TRANSIT PROJECTS IN FEDERAL WAY
POLICY QUESTION: None.
COMMITTEE: Lane Use and Transportation Committee
MEETING DATE: May 1, 2023
CATEGORY:
❑ Consent ❑ Ordinance
❑ Public Hearing
❑ City Council Business ❑ Resolution
® Other
Ken[ ^:L.-w
STAFF REPORT BY: Kent Smith P.E. Sound Transit Liaison smith
DEPT: Public Works
Attachments: 1. Staff Report
Options Considered: N/A
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: �y,[LC/�7r`3] N/A DIRECTOR APPROVAL: ?�
Commlt[e�� Council
Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: N/A
Jack Dove , Committee Chair Jack Walsh, Committee Member
Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: N/A
(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: May 1, 2023
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
EJ Walsh, P.E., Public Works Director-'*'
FROM: Kent Smith P.E., Sound Transit Liaison smhn
SUBJECT: Progress Update on Sound Transit Projects in Federal Way
Financial Impacts
None.
Backzround Information:
Staff will present the monthly progress update on the Sound Transit projects in the City of Federal
Way. Updates for this month include:
Federal Way Link Extension:
• New electrical connections, communication equipment, and water connections across 23`d
Ave S near S 317th St are ongoing.
• Steelwork and associated support systems for the Federal Way Station is ongoing.
■ Landscaping, stormwater installation, noise wall construction, systems ductwork, concrete
plinths, OCS foundations, sub ballast installation and MSE wall construction is ongoing
along the corridor.
• Rail delivery and installation has begun in a few locations along the corridor.
• Prep work to construct the new concrete road for 23`d Ave S and S 3171h St is ongoing with
removal of existing wall adjacent to 23`d Ave S and installation of new storm pipe and
structures.
• Concrete work for the new garage extension is ongoing with deck and column pours.
• Work continues to construct traction power substations with foundation and utility work.
OMF South:
• No updates since last LUTC meeting.
Tacoma Dome Link Extension:
• No updates since the last LUTC meeting.
Rev. 6/2020