05-16-2023 Council Packet - RegularCITY OF
�. Fe deral Way
Centered on Opportunity
CITY COUNCIL
REGULAR MEETING AGENDA
City Hall — Council Chambers*
May 16, 2023 — 6:30 p.m.
CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. MAYOR'S EMERGING ISSUES AND REPORT
• Recent Community Events: I'm Hooked Outdoor Experience at Steel Lake (5/6); Senior Health
and Resource Fair (5/11); Opening Day for the Farmer's Market (5/13)
• Upcoming Community Events: Touch -A -Truck Event at Wild Waves on Saturday, May 20;
Marine Hills Swim & Tennis Club Parade on Saturday, May 20; MSC's Spring Into Action Dinner
& Auction on Saturday, May 20 at the Hyatt Regency Lake Washington; South King County
Athlete Fund Breakfast, Saturday, June 3 at Emerald Downs; and Federal Way Arts Explosion
Gallery on Saturday, June 3 at the Performing Arts & Event Center
4. PUBLIC COMMENT
RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for
election or promotion of, or opposition to, any ballot proposition during the public comment. City Council Rules
of Procedure prohibit any personal, impertinent, threatening or slanderous remarks during public comment.
The Mayor may interrupt comments that continue too long or violate the rules of conduct. No speaker may convey
or donate their time for speaking to another speaker. The Mayor has the authority to preserve order at all meetings
of the Council, and to cause the removal of any person from the meeting for being disorderly. All individual
comments are limited to 3 minutes each.
5. PRESENTATIONS
a. Proclamation: Affordable Housing Week - May 7-13
b. Proclamation: Public Works Week - Mav 21-27
c. Proclamation: Mental Health Month — May 2023
d. Hanwoori Garden and Korean Pavilion Update — Ray Robinson
6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS
• Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)
• Land Use/Transportation Committee (LUTC)
• Finance, Economic Development Regional Affairs Committee (FEDRAC)
• Lodging Tax Advisory Committee (LTAC)
The City Council may amend this regular meeting agenda and take action on items not currently listed.
Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online,
agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com.
*Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163
• Deputy Mayor & Regional Committees Report
• Council President Report
7. CONSENT AGENDA
Items listed below have been previously reviewed in their entirety by a Council Committee of three members
and brought before full Council for approval; all items are enacted by one motion. Individual items may be
removed by a Councilmember for separate discussion and subsequent motion.
a. Minutes: May 2, 2023 Regular and Special Meeting Minutes
b. Limited License Agreement with the City of Kent
c. Resolution: Setting a Public Hearing Date for the 2024-29 Transportation Improvement
Program for June 20, 2023
d. Pacific Highway S Non -Motorized Corridor Phase 1 — Authorization to Bid
e. Washington Auto Theft Prevention Authority 2023-2025 Auto Theft Program Grant on
behalf of Puget Sound Auto Theft Task Force
f. MacDonald Miller HVAC Maintenance Agreement Amendment No. 2
8. PUBLIC HEARING
a. Amendments to the City Comprehensive Plan and Parks, Recreation Open Space Plan
(PROS Plan) *
• Staff Report: Evan Lewis, Associate Planner
• Public Comment — 3 minutes each
*Action on this item will occur at Agenda Item 10 — Ordinances.
b. Park Impact Fee Zoning Code Amendment*
Staff Report: Jason Gerwen, Dep Parks Director
Public Comment — 3 minutes each
*Action on this item will occur at Agenda Item 10 — Ordinances.
c. Housing Action Plan Implementation Code Amendments*
• Staff Report: Keith Niven, Community Development Director
• Public Comment — 3 minutes each
*Action on this item will occur at Agenda Item 10 — Ordinances.
d. 2023/2024 Biennial Budget Amendment*
Staff Report: Steve Groom, Finance Director
Public Comment — 3 minutes each
*Action on this item will occur at Agenda Item 10 — Ordinances.
9 COUNCIL BUSINESS
a. Diversity Commission Appointments
b. Youth Commission Appointment
c. Arts Commission Appointment
The City Council may amend this regular meeting agenda and take action on items not currently listed.
Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online,
agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com.
*Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163
10, ORDINANCES
First Reading
a. Council Bill #848/Ordinance: Amendments to the City Comprehensive Plan and
Parks, Recreation Open Space Plan (PROS Plan)
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE
PARKS, RECREATION AND OPEN SPACE PLAN AND THE FEDERAL WAY
COMPREHENSIVE PLAN CHAPTER 6, CAPITAL FACILITIES, TO INCORPORATE TWO
NEW FUTURE PARKS AND TO FACILITATE ESTABLISHMENT OF A PARK IMPACT
FEE. (Amending Ordinance Nos. 90-43, 95-248, 96-270, 98-330, 00-372,01-405, 03-442,
4-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736,
13-745, 15-796, 15-798, 18-843, 19-866, 21-907, 22-938, AND 23-954)
Staff Report presented during the Public Hearing
Public Comment - 3 minutes each
b. Council Bill #849/Ordinance: Park Impact Fee Zoning Code Amendment
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.
• Staff Report presented during the Public Hearing
• Public Comment - 3 minutes each
c. Council Bill #850/Ordinance: Housing Action Plan Implementation Code
Amendments
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).
• Staff Report presented during the Public Hearing
• Public Comment - 3 minutes each
d. Council Bill #851/Ordinance: 2023/2024 Biennial Budget Adjustment
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON AN ORDINANCE
OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE
2023-2024 BIENNIAL BUDGET. (Amending Ordinance No. 22-941)
• Staff Report presented during the Public Hearing
• Public Comment - 3 minutes each
The City Council may amend this regular meeting agenda and take action on items not currently listed.
Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online,
agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com.
*Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163
Second Reading/Enactment
e. Council Bill: #847: Ordinance Relating to Misdemeanor Possession of Controlled
Substances; Adding New Section 6.1.130 to Chapter 6.10 FWRC
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
MISDEMEANOR POSSESSION OF CONTROLLED SUBSTANCES; ADDING NEW
SECTION 6.10.130 TO CHAPTER 6.10 FWRC.
11. COUNCIL REPORTS
12. EXECUTIVE SESSION
• Collective Bargaining Pursuant to RCW 42.30.140(4)(b)
13. ADJOURNMENT
The City Council may amend this regular meeting agenda and take action on items not currently listed.
Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online,
agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com.
*Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163
Federal Way
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PROCLAMATION
"Affordable Housing Week"
WHEREAS, all people should have access to safe, healthy, and affordable homes within
communities that provide opportunity; and
WHEREAS, the COVID-19 pandemic has exacerbated many existing financial
constraints for low— and moderate -income households; and
WHEREAS, everyone benefits from affordable housing, including the people who
reside in these properties, their neighbors, businesses, employers, and the community
as a whole; and
WHEREAS, people, organizations, and communities throughout King County are
utilizing local Affordable Housing Week activities to raise public awareness of the need
for full community participation; and
WHEREAS, the City of Federal Way firmly commits itself to ensuring that our
community's recovery from the crises at hand is equitable, and that all people in
Federal Way live with dignity in safe, healthy, and affordable homes; and
NOW, THEREFORE, we the undersigned Mayor and City Councilmembers of the
City of Federal Way, do hereby proclaim May 7th through May 13th, 2023 as
AFFORDABLE HOUSING WEEK, and call upon all citizens to encourage
opportunities for affordable housing in Federal Way.
SIGNED, this 16th day of May, 2023.
FEDERAL WAYMAYOR AND CITY COUNCIL
Jim Ferrell, Mayor
wyl—
____Susan Nonda, D,puty Mayor
Councilmember
Linda Kochmar, Council President
Ly Assefa-paws -no
auncilmemher
-Hoanci Vrran, Councilmember
1 k Dove Co ncilmember
CITY OF
Federal Way
PROCLAMATION
"National Public Works Week"
WHEREAS, public works professionals focus on infrastructure, facilities, and services
of vital importance to sustainable and resilient communities and public health within
the City of Federal Way; and
WHEREAS, public works services include rebuilding, improving, and protecting our
community's transportation, water supply, water treatment and solid waste systems,
and public buildings; and could not be accomplished without the dedicated efforts of
public works professionals including engineers, managers, and employees with both
the private and public sector; and
WHEREAS, the year 2023 marks the 63rd annual National Public Works Week
sponsored by the American Public Works Association and Canadian Public Works
Association; and
WHEREAS, the theme for this year is Connecting the World Through Public Works
throughout the Nation; and
NOW, THEREFORE, we, the undersigned Mayor and City Councilmembers of the
City of Federal Way, do hereby proclaim May 21st through May 27th, 2023 to be
NATIONAL PUBLIC WORKS WEEK, and call upon the City of Federal Way to pay
tribute to the substantial contributions of the public works professionals in our com-
munity.
SIGNED, this 16th day of May, 2023.
FEDERAL WAYMAYOR AND CITY COUNCIL
10.1i Nor
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Honda, Qepury Mayor
Councilmember
Walsh, Councilmember
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Linda Kochmar, Council President
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LJOVL—
d a Assefa-1 ❑uncilmember
Hoang V. ran, Councilmember
lack Davey ou ❑lmember
CITY OF
� k Federal Way
PROCLAMATION
"Mental Health Awareness Month"
WHEREAS, mental health is essential to everyone's overall health and
well-being; and
WHEREAS, half of the population will experience some type of mental
health challenge in the course of their lifetimes; and
WHEREAS, prevention is an effective way to reduce the burden of mental
health conditions; and
WHEREAS, every person can make a difference in helping end the silence
and stigma that for too long has surrounded mental illness by promoting
mental wellness and support efforts; and
NOW, THEREFORE, we the undersigned Mayor and City
Councilmembers of the City of Federal Way, do hereby proclaim May
2023 as MENTAL HEALTH AWARENESS MONTH, and call upon the
community to increase awareness and understanding of the importance of
mental health and access to supportive services.
SIGNED, this 16th day of May, 2023.
FEDERAL WAYMAYORAND CITY COUNCIL
(:; '0�
r
im Ferrell, Mayor
`Susan Honda, Deputy Mayor
Councilmember
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Linda Kochmar Council President
Ly ' Assefa-D on, ounc'slmemfoer
HoarLd V. Tran, Councilmember
J c c avey, quj
ilmember
COUNCIL MEETING DATE: May 16, 2023 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should the City Council approve the draft minutes for the May 2, 2023 Regular and
Special Meetings?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: City Clerk
Attachments:
May 2, 2023 Regular Meeting Draft Minutes
May 2, 2023 Special Meeting Draft Minutes
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A
N/A DIRECTOR APPROVAL:
Committee Council 111i9 ialil)aie
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: N/A
N/A N/A N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 4/2019 RESOLUTION #
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Federal Way
CITY COUNCIL
REGULAR MEETING MINUTES
City Hall — Council Chambers
May 2, 2023 — 6:30 p.m.
1. CALL MEETING TO ORDER
Council President Kochmar called the meeting to order at 6:32 p.m.
City officials in attendance: Council President Linda Kochmar, Deputy Mayor Susan Honda,
Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton (remote), Councilmember
Hoang Tran, and Councilmember Jack Walsh.
City staff in attendance: City Administrator Brian Davis, City Attorney Ryan Call and City Clerk
Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Council President Kochmar led the flag salute.
Council President Kochmar announced Councilmember Norton was participating remotely, and
excused Mayor Ferrell and Councilmember Dovey.
3. EMERGING ISSUES AND REPORT
Statement from Mayor Ferrell:
Council President Kochmar read a prepared statement from the Mayor. In light of the
legislature's failure to act on drug possession laws ("Blake -fix") by the end of the regular
session, Mayor Ferrell urged Council to support Council Bill #847, which creates a local law
establishing it a gross misdemeanor to 'knowingly' possess a controlled substance. The
statement further reported on the success of the recent trip to the Sister Cities of Hachinohe,
Japan and Donghae, South Korea. He shared that unfortunately, he contracted COVID-19
at the end of the trip and is following protocols to remain in Japan under quarantine; he
expects to return on Thursday, May 4.
Sister City Trip Reports:
Councilmembers Walsh, Tran, and Assefa-Dawson each shared their impressions and
take-aways from the Sister City trip. Councilmembers were impressed by their pristine parks
and lack of litter or graffiti; the Japanese and Korean cultures teach and value respect for
elders, environment, and the community. Councilmembers acknowledged and thanked
those who assisted with the trip planning and the Federal Way Korean Association for their
financial support; the hospitality and graciousness from both cities were unmatched and
unbelievably accommodating.
Introduction of new Communications Officer:
City Administrator Brian Davis introduced new Communications Officer David Solano, and
provided his background and prior experience. Council welcomed Mr. Solano to the city.
Federal Way City Council Regular Minutes Page 1 of 6
May 2, 2023
Recent Community Events:
Policy Advisory Bill Vadino reported on recent events including the Grand Re -opening &
Ribbon Cutting for Hampton Inn & Suites on April 19, and the Mayor's attendance at the
Ribbon Cutting for New Grocery Outlet Bargain Market on April 20 at the former Met Market
location. He reported on the Parks Appreciation Day held on Saturday, April 22, thanking
Deputy Parks Director Jason Gerwen and staff for their coordination. The Earth Day
Community Litter Clean -Up Event at Panther Lake Elementary was also held on Saturday,
April 22 and was well attended.
Upcoming Community Events:
Policy Advisor Bill Vadino further noted upcoming community events including the National
Day of Prayer on Thursday, May 4; I'm Hooked Outdoor Experience at Steel Lake on
Saturday, May 6; Senior Health and Resource Fair at the PAEC on Thursday, May 11;
Opening Day for the Farmer's Market on Saturday, May 13 at The Commons; and the
Touch -A -Truck Event on Saturday, May 20 at the new location of Wild Waves.
4. PUBLIC COMMENT
Cheryl Hurst provided an update on the March of Diapers Drive sharing the Federal Way
community provided 12,633 diapers and 4,575 wipes out of the total of 412,019 diapers and
137,125 wipes collected. She presented the City a plaque in gratitude.
Jan Molinaro, Mayor of Enumclaw, invited the councilmembers who are not currently
participating with the Sound Cities Association (SCA) to attend their upcoming networking event
on May 31.
Geoffrey Tancredi reminisced on his time in the Army serving in South Korea. He spoke about
the areas near the Home and Home Department store (former Top Foods) and behind the
Dollar Tree noting they have been deteriorating and requesting they be cleaned up.
Susan Strong witnessed a store manager having to confront two individuals who were camping
beside a retail store, blocking the emergency exit. She encouraged council to get better control
of the drug problem in Federal Way.
Mychal Trawick expressed concerns about safety in Federal Way and shared how his
neighborhood has been impacted.
Dr. Mohammed Saeed, 44-year resident, shared his disappointment with increased crime in
Federal Way. His neighborhood and his friends have seen an increase in crime in their
neighborhoods the last few years.
Chief of Police Andy Hwang shared the city has approved hiring thirteen additional officers
and a lot of the challenges the communities are facing are the result of policies made at a
state level.
Anna Patrick stated concerns around House Bill 1110 including the increase of middle housing
in areas traditionally dedicated to single-family detached housing. She is worried this will
jeopardize the City's tax base.
Kevin Morris asked for an update on the pool upgrades at the Community Center.
Deputy Park Director Jason Gerwen provided an update on unforeseen delays to the project
such as structural damage that was discovered along with permitting delays.
Federal Way City Council Regular Minutes Page 2 of 6
May 2, 2023
Carolyn Hoover shared about her experience at a recent salmon release at the Hylebos Creek.
While there she became concerned about the care of the waterways and highlighted the need to
protect this environment.
Lana Bostic promoted the upcoming Senior Health and Resource Fair being held at the Performing
Arts and Event Center on Thursday, May 11 from 10:00 a.m. to 2:00 p.m. hosted by the Senior
Advisory Commission.
Natalie Ries expressed a desire to see an ordinance within the City to prevent habitual animal
abusers from being able to continually obtain and own animals.
Ken Blevens advocated for attendance at city council meetings to take a stand as residents and
work to implement change in the City.
Betty Tabor addressed the_ Special Council Meeting that took place before the Regular Meeting
where code amendments for board and commissions where discussed. She felt that Commissions
should have been invited to attend that meeting.
City Attorney Ryan Call clarified that the content will be presented to council at a regular
meeting in June.
Jeremy Winzer shared his experience working with youth and hoped they could experience the
Sister City relationship. He noted he has encountered issues with trying to find a gym for his youth
program due to his felony background.
Keegan _Provo believes tow companies are over charging for services and urged the City to take
action to regulate tow company's charges.
Dara Mandaville expressed frustration with the Sister Cities trip and that the City chose to fund that
trip over addressing some other issues in Federal Way. She also followed up on the drug treatment
plan presented at the February 7, 2023 Special Meeting.
Bob Drake shared his support for the drug addicted city homeless program that was presented at
the February 7 Special Meeting. He believes Council should be receiving Eyes on Crime Federal
Way complaint emails, but noted they have not received a response.
5. PRESENTATIONS
a. Mayoral Proclamation: Neurofibromatosis Awareness Month — May 2023
On behalf of Mayor Ferrell, Council President Kochmar read and presented the
proclamation to Stephen Vacanti who accepted on behalf of his family, specifically his
sister Ashley. He provided insight into the effects of neurofibromatosis in effort to raise
awareness; he shared his hope for a cure.
b. Proclamation: Older American's Month — May 2023
Councilmember Assefa-Dawson read and presented the proclamation to the Senior
Advisory Commissioners. Chair Lana Bostic thanked the Council and noted their pride
in serving the senior community; she encouraged attendance at the first Senior Health
and Wellness Fair on Thursday, May 11 at the Performing Arts and Event Center.
c. Proclamation: Asian American and Pacific Islander Heritage Month — May 2023
Federal Way City Council Regular Minutes Page 3 of 6
May 2, 2023
Councilmember Tran read and presented the proclamation to community partner Sania
"Sonny" Leuelu. Mr. Leuelu thanked the Council and provided information on the
importance of establishing connections and breaking down the communication barriers
for first -generation families. He invited the Council and community to the Island Bowl on
May 27 at Saghalie Park; this is an opportunity to share the Pacific Island culture and
build relationships.
d. Proclamation: Police Week — May 14-20
Deputy Mayor Honda read and presented the proclamation to Chief of Police Andy
Hwang. Chief Hwang extended his appreciation for the level of support from Council as
policy -makers; he also acknowledged the sacrifice the officers make every day for this
community.
e. King County Regional Homelessness Authority (KCRHA) Update
Community Services Manager Sarah Bridgeford introduced Nigel Herbig,
Intergovernmental Relationships Manager; Alexis Mercedes Rink, Director of Sub -
Regional Planning and Equitable Engagement; and Abby Anderson, South King County
Sub -Regional Planning Specialist. Ms. Mercedes Rink and Ms. Anderson provided
background and information on the King County Regional Homelessness Authority 5-
year plan and the entities progress to date.
Ms. Anderson provided information on the scope and scale of homelessness; the
current state of the homelessness system and how it is functioning; and how success is
measured to reach the goal of bringing unsheltered people inside as quickly as possible
to prevent death and further harm.
Council thanked Ms. Anderson and Ms. Mercedes Rink for the information and
presentation asking clarifying questions regarding the health care needs data, which
identify 31 % of homeless individuals experience a mental health disorder; and 37%
having a substance abuse disorder. Additional questions were asked regarding the
definition of "accidental death"; the location of the identified emergency beds in South
King County; the annual cost per housed person; and the status of the "Point in Time
Count".
Ms. Anderson and Ms. Mercedes Rink agreed to follow-up with answers to the questions
they were unable to address during the presentation.
6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)
Councilmember Walsh reported the next committee meeting is May 9 at 5:00 p.m. He thanked
everyone who participated in the Parks Appreciation event last Saturday, and extended praise
to local student and American Idol contestant lam Tongi, who continues to do well.
Land Use/Transportation Committee (LUTC)
No report provided.
Finance, Economic Development Regional Affairs Committee (FEDRAC)
Councilmember Tran noted three items on the Consent Agenda were forwarded from
committee to Council for approval. He thanked Councilmember Dovey for Chairing the
FEDRAC Committee while he was out of the county. The next meeting is May 23 at 5:00 p.m.
Lodging Tax Advisory Committee (LTAC)
Councilmember Assefa-Dawson reported the next meeting is Wednesday, May 10 at 10:00
Federal Way City Council Regular Minutes Page 4 of 6
May 2, 2023
a.m. where they will be discussing the grant application for future programs and projects.
Deputy Mayor & Regional Committees Report
Deputy Mayor Honda noted the AWC conference registration is open and encouraged Council
attendance. She reported on various regional committees including the PIC meeting and the
numerous agenda items. She thanked everyone who attended Parks Appreciation Day and
noted their commitment to keeping the parks healthy, and reported on other community events
on the same day including the Little League Opening Day. She extended praise to lam Tongi
on his continued success on American Idol.
Council President Report
Council President Kochmar also extended praise to lam Tongi and his family; she is proud to
have a young person on the national stage who is talking about values and honoring his family.
She reported on her attendance along with Deputy Mayor and Councilmember Assefa-Dawson
to the United Stated Global Leadership Coalition, hosted by Congressman Adam Smith which
discussed implications of climate change. She is concerned with the alarming rate of fentanyl
deaths.
7. CONSENT AGENDA
a. Minutes: April 18, 2023 Regular and Special Meeting Minutes
b. Monthly Financial Report - March 2023
c. AP Vouchers 3/16/2023 — 4/15/2023 & Payroll Vouchers 03/01 /2023 — 03/31 /2023
d. Surplus of Community Development Vehicle #83260
COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF THE CONSENT AGENDA ITEMS A
THROUGH D; SECOND BY COUNCILMEMBER WALSH. The motion passed 6-0 as follows:
Council President Kochmar
yes Councilmember Tran yes
Deputy Mayor Honda
yes Councilmember Walsh yes
CouncilmemberAssefa-Dawson
yes Councilmemberpovey excused
Councilmember Norton
yes
8. ORDINANCES
First Reading
a. Council Bill: #847: Ordinance Relating to Misdemeanor Possession of Controlled
Substances; Adding New Section 6.1.130 to Chapter 6.10 FWRC
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
MISDEMEANOR POSSESSION OF CONTROLLED SUBSTANCES; ADDING NEW
SECTION 6.10.130 TO CHAPTER 6.10 FWRC.
City Attorney Ryan Call provided background on the Washington Supreme Court
decision that invalidated certain state law provisions that made it a felony to possess
specific controlled substances as the statute did not require the state to prove
knowledge. In light of this ruling the State Legislature passed a temporary measure
which focused on treatment options and referral requirements making criminal
enforcement extremely difficult; this law sunsets on July 1, 2023.
Attorney Call further noted if the state fails to pass a new statewide law it functionally
legalizes the possession of narcotics and other destructive drugs. The proposed
local fix is to enact an ordinance that makes knowingly possessing a controlled
substance a gross misdemeanor. The new ordinance would be enforced by the
Federal Way Police Department and prosecuted in the Federal Way Municipal
Federal Way City Council Regular Minutes Page 5 of 6
May 2, 2023
Court. The language of the ordinance is identical to the original RCW with the
addition of the word "knowingly".
The City Attorney stated the Mayor strongly recommends the city does not allow a
gap with this protective measure, even though there is a strong likelihood of the
state passing a new law that would preempt local ordinances.
Councilmembers thanked City Attorney Call and asked clarifying questions
regarding the difference between misdemeanor and gross misdemeanor. Council
also stated strong opinions on taking immediate action and encouraged the
community to contact the state representatives on this issue.
Public Comment:
Alex Milsten spoke to the crime and drug use he sees in the city. He does not feel this
ordinance will be effective and encouraged the Council to look for a better solution such as
the Portugal model.
Ken Blevens questioned data presented earlier in the meeting by KCRHA regarding drug
addiction and homelessness; he noted his support for this ordinance and thanked Council
for working together and taking -action.
Anna Patrick thanked Council for questions raised earlier in the meeting during the KCRHA
presentation. She would like to see a feasibility study done to identify the path towards
treatment.
City Clerk Stephanie Courtney read the ordinance title
COUNCIL PRESIDENT KOCHMAR MOVED TO FORWARD THE PROPOSED ORDINANCE TO
THE MAY 16, 2023 COUNCIL MEETING FOR THE SECOND READING AND ENACTMENT.
SECOND BY COUNCILMEMBER WALSH. The motion passed 6-0 as follows:
Council President Kochmar yes
Deputy Mayor Honda yes
CouncilmemberAssefa-Dawson yes
Councilmember Norton yes
9. COUNCIL REPORTS
No reports were provided.
10. ADJOURNMENT
Councilmember Tran yes
Councilmember Walsh yes
Councilmember Dovey excused
There being nothing further on the agenda; the regular meeting was adjourned at 9:39 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council
Federal Way City Council Regular Minutes Page 6 of 6
May 2, 2023
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4::� Federal Way
CITY COUNCIL
SPECIAL MEETING MINUTES
City Hall — Council Chambers
May 2, 2023 — 5:00 p.m.
1. CALL MEETING TO ORDER
Council President Kochmar called the meeting to order at 5:03 p.m.
City officials in attendance: Council President Linda Kochmar, Deputy Mayor Susan Honda,
Councilmember Lydia Assefa-Dawson, Councilmember Hoang Tran, and Councilmember
Jack Walsh.
Council President Kochmar announced Councilmember Erica Norton was attending
remotely; Councilmember Jack Dovey is excused.
City staff in attendance: City Administrator Brian Davis, City Attorney Ryan Call and City'
Clerk Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Council President Kochmar led the flag salute.
3. STUDY SESSION
a. Various Code Amendments — City Volunteer Boards and Commissions
Assistant City Attorney Joanna Eide provided an overview of the proposed code changes
to the city volunteer boards and commissions sections of the revised code in an effort to
make the standards more uniform. She provided the list of statutory Commissions which
are guided by the RCW's and the Council created Commissions which help inform the
decision -making process.
Ms. Eide noted the general changes proposed including the consolidation and
reorganization of sections, updated titles, and consistency of language. Additionally, the
Commission purpose and goal statements were updated; roles were clarified; and new
sections regarding civility and decorum were added. Language regarding quorum and
membership levels was also adjusted to reflect current practices and consistency.
Assistant City Attorney Eide further provided a specific report on each Commission code
section to highlight additional modifications outside of the previously discussed general
updates.
Federal Way City Council Special Minutes Page 1 of 2
May 2, 2023
Council thanked Ms. Eide for the work on this project and the thorough presentation nothing
their support for more consistency in the Boards and Commission. Clarifying questions were
asked regarding calculating quorums, youth recognition, and regulations specifically
relating to the Lodging Tax Advisory Committee.
4. ADJOURNMENT
There being nothing further on the agenda; the special meeting was adjourned at 5:43 p.m.
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Special Minutes Page 2 of 2
May 2, 2023
N
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 % - 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: (, Z DIRECTOR APPROVAL: 'e.� y1*z9"h3
Committee c6unciT Initial/Date
Initial/Date initial/Date
COMMITTEE RECOMMENDATION: I move to forward Option I to the May 16, 2023 consent agenda for
approval._
Chair :Fa1 Com ittee Member �o rla ty Tran. Committee Member
PROPOSED COUNCIL MOTION: "I m 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 on!})
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, PE, Public Works Direetor`�`�
FROM: John Cole, EIT, Civil Engineer
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.
I3ackaround Informations:
This Limited License between the City of Kent and the City of Federal Way will allow the
connection on S 272" 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.
MURDway,
Luxur'y Seattlt� Tovri Car
• ",ARS74P at'272.1rild
avd htpi riaticiial
- ilal Food t-,Ai-kel
The
#d
Iwo
sh--p Connect to TS
cabinet
S 272nd St'
p a I t.cl,
s i S
I if
Exhibit
B
;;I
i�
,9")77nri -qt
Q I?
Ird"'a
7c
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. City Traffic Engineer 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: "Lillcl 46 DIRECTOR APPROVAL: YynilSAL3,
Comm tec 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. ^
Chair J Wa- is -o mittee Member Ifoan2 Tran, Committee Member
PROPOSED COUNCIL MOTION: "I mou416rpproval 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 Directo�
Rick Perez, P.E., City Traffic Engineer 7�'
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, adopting an
extended and revised Transportation Improvement Program for 2024-
29, and directing the same to be filed with the Washington State
Secretary of Transportation and the Transportation Improvement
Board. (Amending Resolution Nos. 91-67, 92-117, 93-155, 94-186, 95-
210, 96-236, 97-258, 98-273, 99-299, 00-316, 01-343, 02-365, 03-391, 04-
433, 05-451, 06-481, 07-503, 08-732, 09-550, 10-558, 11-609, 12-622, 13-
640, 14-666, 15-692, 16-706, 17-721, 18-733, 18-738,19-761, 20-792, 20-
802, 21-811, and 22-830).
WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the Federal
Way City Council adopted an original Transportation Improvement Program ("TIP") on July 23,
1991 (Resolution No. 91-67); and
WHEREAS, the Federal Way City Council updated a TIP annually thereafter; and
WHEREAS, the Federal Way City Council held a public hearing on the TIP on June 20,
2023, in compliance with the requirements of State laws; and
WHEREAS, the City Council has determined current and future City street and arterial
needs, and based upon these findings has prepared a revised and extended TIP for the ensuing six
calendar years; and
WHEREAS, pursuant to Chapters 35.77 and 47.26 RCW, the City Council is required
annually to revise and adopt an extended TIP; and
WHEREAS, the City's SEPA Responsible Official has adopted the Determination of Non -
Significance ("DNS"), Federal Way File 23-101915-00-SE, issued for the City's 2024-29 TIP, which
includes the extended and revised projects contained in the TIP adopted herein; and
Resolution No. 23- Page I of 3
WHEREAS, adoption of the City's 2024-29 TIP DNS reflects the fact that there will be no
significant adverse environmental impacts as a result of adoption or implementation of the extended
and revised TIP adopted herein.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Program Adopted. The extended and revised Transportation Improvement
Program for the City of Federal Way, copies of which are attached hereto as Exhibits A and B and
incorporated herein by this reference, which sets forth the City's transportation project locations,
types of improvements, and the estimated costs thereof, is hereby approved and adopted for the
ensuing six (6) calendar years (2024-29 inclusive).
Section 2. Filingof f Program. Pursuant to Chapter 35.77 RCW, the City Clerk is hereby
authorized and directed to file a copy of this Resolution, together with Exhibits A and B, with the
Washington State Secretary of Transportation and the Washington State Transportation Improvement
Section 3. Severability. 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 4. 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
Resolution No. 23- Page 2 of 3
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Section 6. 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
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No. 23- Page 3 of 3
. .... 7d
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 ❑ Other
STAFF REPORT BY: John Cole, Civil Engineer _ 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: ';LaC DIRECTOR APPROVAL: 010
Cone uro Council InitsuUDate
Wival/Date lnilialMate
fO,MNYTTEE
EC I tME*ATION: I move to forward Option 1 to the May 16, 2023 City Council consent agenda
r yroval.
Committee Chair
A1D��C N eA y L o_, 7 i7off)
oC� mMember
PROPOSED COUNCIL MOTION: "I move 6 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 CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED - 4/2019
RESOLUTION #
CITY OF FEDERAL. WAY
MEMORANDUM
DATE: May 1, 2023
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Public Works Director
John Cole, Civil Engineer /l
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
Proiect 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
$400,000
$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
0 Parcels
COUNCIL MEETING DATE: May 16, 2023
7e
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Washington Auto Theft Prevention Authority 2023-2025 Auto Theft Grant Program general grant
application and acceptance on behalf of the Puget Sound Auto Theft Task Force,
POLICY QUESTION: Should the Federal Way Police Department submit the Washington Auto Theft Prevention
Authority (WATPA) Grant Application on behalf of the Puget Sound Auto Theft Task Force (PSATT) and
accept the Grant if awarded?
COMMITTEE: PRHS&PSC MEETING DATE: May 9, 2023
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Chief Andy Hwang DEPT: PD
Attachments: 1. Staff Report
2. WATPA 2023-2025 Auto Theft Grant Program General Grant Application
Options Considered: 1. Approve the WATPA grant application and accept the grant if awarded
2. Do not approve the application and grant and provide direction to staff
MAYOR'S RECOMMENDATION: Option #1
MAYOR APPROVAL -Rol,
44 DIRECTOR APPROVAL: �9
oee Gamei r�-3 Initial ate
I»iC.,oF nitial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed grant application and acceptance if awarded
on behalf of PSATT to the May 16, 2023, consent agenda for approval.
A commirte V�Ieem e� r Committee Member
PRAIjOSED COUNCIL MOTION: "I move approval of subu-naing the proposed grant application and authorize
tl1khief of Police to accept and sign said grant if awarded.
(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 — 12/2017 RESOLUTION 4
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: May 9, 2023
TO: Parks, Recreation, Human Services, and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy Hwang, Chief of Police
SUBJECT: WATPA 2023-2025 Auto Theft Grant Program grant application and acceptance on
behalf of the Puget Sound Auto Theft Task Force
Financial Impacts:
The Puget Sound Auto Theft Task Force (PSATT) is operated through Washington Auto Theft
Prevention Authority (WATPA) Grant awards, and expenses for PSATT-related activities are
reimbursed monthly. Federal Way is the lead agency for PSATT and handles the financial
processing for the Task Force and would be applying and accepting this grant on behalf and for
the benefit of PSATT. This item will have no direct financial impact on the City of Federal Way
other than by its reimbursement for PSATT related activities should the grant be awarded to
PSATT.
BackL,round Information:
PSATT, formed in 2017, is a multi jurisdictional team focused on investigating and enforcing
laws relating to auto theft. Federal Way has been a member of the Task Force since its creation.
The Task Force provides coordinated and efficient use of personnel, equipment, budgeted funds,
and training to investigate and aid in the prosecution of prolific or organized auto theft crimes.
The City of Federal Way, through the Police Department, continues to serve as the Lead
Administrative Agency, which is responsible for proper accounting procedures, reports, and
statistics. As staffing allows, the Federal Way Police Department will continue to assign at least
one commissioned employee to the PSATT Task Force.
This 2023-2025 Auto Theft Program general grant application seeks a grant award from WATPA
on behalf of PSATT to provide continued funding for personnel, public relations material,
training, and technology/equipment. This funding will support the continued operation and
coordinated efforts of the Task Force.
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS
3060 Willamette Drive NE Lacey, WA 98516 — Phone: (360) 292-7900 — Fax: (360) 292-7269 — Website: http://watpa.waspe.org
Michael Painter, WATPA Executive Director
, Prey rating an -iv auto diefi in the State 1,Fashin .o '
Auto Theft Grant Program
General Grant Application
Funding Period. July 1, 2023 — June 30, 2025
The Washington Auto Theft Prevention Authority (WATPA) is soliciting Washington Law Enforcement Agencies to apply
for grant awards that address auto theft in their communities. During this grant application period, the Washington State
legislature is in session and therefore has not approved a final allocation for 2023-25 funding period. However, WATPA is
advancing this solicitation in anticipation that the funding allocation will remain at a level consistent with recent grant
cycles. The following is information that will assist prospective agencies with the application process.
Grant Application Requirements:
1. Grant applications must be submitted by 12:00 p.m., April 1, 2023.
2. Incomplete applications will be disqualified.
Direct inquiries and application process questions to Rachelle Harwood at 360 486 2380, or email
at rharwood was c.or .
Grant Application and Award Timeline
March 1, 2023
Grant application period opens for prospective applicants.
April 1, 2023
Grant applications close.
April 5, 2023
Proposals submitted to WATPA Board members for review.
April 21, 2023
Deadline for scheduling presentations to the WATPA Board.
May 2, 2023
Presentations to WATPA Board by applicants'.
TBD2
Final decisions on funding by WATPA Board.
TBD2
Notice and agreements to successful applicants.
' Applicants will be provided up to 15 minutes to present their Grant application to the WATPA Board. Appointments will be taken
on a first come, first served, basis and must be scheduled with Rachelle Harwood prior to April 21, 2023 at 3:00 p.m.
2 Dependent on timing of funding approval by the legislature and governor's office.
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
Grant Proiect Minimum Criteria
To be considered for funding, a proposed grant project must clearly focus on Auto Theft enforcement, investigation,
prosecution, education or prevention. Applications must include all criteria identified in the Program narrative and:
1. Must address a problem that is clearly identified and. should have a design where the activities and goals are
realistic and attainable.
2. Projects involving regional law enforcement activities, or engagement with multiple agencies on an auto theft
related project under a task force umbrella, will be given funding priority. Where possible, demonstrated work or
information sharing with other WATPA funded task forces, entities or assets will be given the highest priority.
3. Task forces and multi -agency joint operations will be required to operate with a full-time supervisor; and, before
funding commences produce an operations manual that covers activities of unit members including (at minimum):
i. Informant Handling
ii. Undercover operations
iii. Quarterly auditing of investigative funds
iv. High risk operations
4. Projects working independent of a task force or multi -agency operations or and with individual components (one
FTE or less) will receive low funding priority and must clearly explain how they will defend a claim of supplanting
funds.
5. Grant proposals for equipment will not be considered at this time. If additional funding allocations are
approved by the legislature, a secondary grant solicitation for equipment may be published by WATPA later in
2023 or early 2024.
6. All grant applicants must be prepared to provide backup documentation to WATPA that supports all projected
cost estimates contained in this application. Estimates or projections that cannot be supported through
documented historical spending, current contracts or agreements will not be funded.
7. All WATPA approved FTEs should be co -located in the same building and dedicate 100% of their time to WATPA
funded and approved activities. Departures from this requirement will receive low funding priority.
8. All grant recipients must sign a non -supplanting declaration before funding is authorized.
9. All proposals must have a clearly defined public awareness component_ and strategy that incorporates the
use of the WATPA logo/brand. Absence of a strategy will result in the application not being considered.
10. No more than 2% of the total' personnel costs will be eligible for overtime reimbursement. Grant applicants will be
required to specify what the overtime will be used for and define the expected outcome. Re -allocation of other line
items into overtime will not be considered during the grant period.
11. All WATPA grant recipients will be required to provide semi-annual reports due no later than the 15th day of
December and June using reporting criteria identified by WATPA.
WATPA-General Grant Application: 7/l/2023 — 6/30/2025 2
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
12. Any changes of scope or funding of approved WATPA grant line items must be pre -approved by the WATPA
Executive Director to maintain eligibility for funding.
13. All budget changes must be pre -approved by the WATPA Executive Director to be eligible for reimbursement.
14. Grant applications will not be considered if the applicant fails to comply with grant application instructions and
requirements.
15. All funding decisions, including continuation of funding, made by the WATPA Board are final.
16. Additional Grant guidance is available on the WATPA web site as the WATPA Policy and Procedure Guide to
Auto Theft Prevention Grants at www.WaAutoiheftPreventionAuthoriLy.orq.
WATPA-General Grant Application: 7/l/2023 — 6/30/2025
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
PROBLEM STATEMENT
Washington State is ranked 3rd behind California and Texas for the most auto thefts in the nation, but closely trailed by
Florida. Holding the title for being a top 3 State for the most vehicles stolen in 2022 is greatly concerning. These other
states have significantly more population than Washington State which pushes us even higher in the per capita numbers.
This marks a 31 % increase since 2019. The Seattle/Tacoma/Bellevue region is ranked the 7th highest metropolitan area
for thefts in the nation. Pierce and King Counties were the largest victims, accounting for 58% of all auto thefts statewide.
Auto theft is a serious problem that affects individuals, businesses and communities, bringing with it a significant financial
burden. There is an even greater burden on underserved communities where the loss of a vehicle can cost someone their
livelihood, reduce access to services and create an inability to replace a stolen and/or significantly damaged vehicle if it
is recovered.
This is the situation facing Washington State today and shows the need for a structured approach to combat it. That
approach is multi -jurisdictional, regional task forces. These task forces, such as the Puget Sound Auto Theft Task Force
(PSATT), have the ability to investigate complex cases which span several jurisdictions unlike individual police agencies.
PSATT covers the area encompassing south King County and all of Pierce County. The PSATT is currently comprised of
a supervisor and six detectives from regional participating agencies who are funded through WAPTA. As of January 1,
2023, Washington State Patrol pulled their resources back to their own agency and no longer participates in any auto theft
task force in the state.
Since its inception, the PSATT has shown the ability to investigate the most complex cases, allowing strong cases to be
built for prosecution. This has led to the arrest of prolific auto thieves who are creating the greatest impact to the auto
theft epidemic we face today. The PSATT uses innovative technology, surveillance techniques, and plate reading/data
capture devices to be more efficient, safer, and stay one step ahead of the auto thieves.
At this time, one of the fasting growing issues in auto theft is the large increase of offenders being juveniles. This, coupled
with adult offenders, has both groups targeting vulnerable to theft vehicles that has driven numbers up regionally. These
vulnerable vehicles are stolen and used to commit other crimes such as robberies, drive by shootings, shoplifts and
ramming into buildings to commit burglaries. These types of investigations are problematic for single agencies, but ideal
for the auto theft task force due to multi -jurisdictions, complexity and an ability to dedicate the needed resources to
targeting these poly -crime operations.
WATPA-General Grant Application: 7/1/2023 — 6/30/2025 4
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
HISTORICAL
PSATT was formed during the 2017-2019 WATPA grant by combining the PATROL (South King County) and ACE
(Pierce County) WATPA task forces with the Pierce County WSP auto theft group. This broadened the jurisdiction and
ability of the new task force to better address the auto theft problem in the region. PSATT has had a large impact on the
auto theft problems by taking on the organized and complex investigations which cross city, county, and even state
jurisdictions. The population of the area PSATT covers is over 1.5 million people. Statistics specific to PSATT for the
last three years include:
2020 415 ($6.16M) recoveries/value 139 arrests
2021 459 ($7.93M) recoveries/value 176 arrests
2022 476 ($8.76M) recoveries/value 160 arrests
During the 2021-2023 grant cycle, the PSATT scheduled multiple emphasis events within our jurisdictional area. We
worked effectively with multiple agencies to recover several vehicles and arrests several offenders. The PSATT provided
auto theft related training and report writing tips to police agencies in the region to aid in stronger cases to lead to more
convictions. We made concentrated and concerted efforts to increase our public awareness/education outreach. We
succeeded by using social media, radio ads, newly developed brochures, signs, banners and local media personalities to
get our messages out. The PSATT detectives participated in community events such as the Washington State Fair and
Renton's Battle of the Badges. We also facilitated the distribution of over 2000 steering wheel lock/ wheel lock anti -theft
devices. PSATT maintains a Tips hotline which regularly provides information that leads to recoveries and arrests. While
this is a great start, we still have a lot of work to get done better informing the public.
PROPOSED PROJECT ACTIVITIES
The goals for this grant cycle will be to continue and improve on the performance of the PSATT. The PSATT will continue
to liaison with various agencies to handle the prolific and complex auto theft investigations throughout the region. As in
years past, the PSATT expects to have a noticeable impact on the auto theft problem in the South King -Pierce region.
Due to the gap created by the pulling back of WSP assets, the PSATT plans to increase WATPA funded detectives to 7
and to add a crime analyst. Personnel will maintain their expertise by attending applicable training and then passing it on
to other police agencies by conducting training regionally. The input of a Crime Analyst will assist with proficiency in being
able to better identify trends and criminals in a faster and more concise fashion.
WATPA-General Grant Application: 7/l/2023 — 6/30/2025 5
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
EVALUATIONIASSESSMENT
The Task Force has one Supervisor who oversees all of the Detectives activity and ensures proper productivity while
working in a goal oriented and cohesive manner. The Task Force also has one Commander who oversees the Supervisor,
the PSATT budget, and approves all operation plans and major investigations. The PSATT collects data on personnel
activities and prepares a monthly report and quarterly written report. The PSATT executive board meets quarterly and
reviews the budget, personnel items and Task Force activity/progression. The executive board is chaired by the FWPD
Chief and consists of command level personnel from participating agencies.
Vehicle Theft Data
2020
2021
2022
Number of Stolen Vehicles *
8,360
11,290
16,310
Number of Recovered Vehicles
Number of Auto Theft related Arrests "
7,555
10,562
15,332
1,041
1,385
1,896
License Plate Readers Data
2020
2021
2022
Number of ALPR Systems ***
Number of Shifts deployed
Number of Vehicles Recovered
Number of Arrests
1
1
1
24/7
24/7
24/7
4
46
9
53
4
8
*Includes all Pierce County and the following King County Cities: Algona, Auburn, Des Moines, Federal Way, Kent,
Pacific, Renton and Tukwila
**Includes all Pierce County and the following King County Cities: Auburn, Federal Way, Kent, Renton and Tukwila
***ALPR attached to surveillance cameras deployed in the field that run 24 hours a day, 7 days a week
WATPA-General Grant Application: 7/l/2023 — 6/30/2025 6
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
Grant Summary
Supplement/Continuation of existing grant M New program/project`❑
Grant Agency: Name of Agency: Federal Way Police Department
Mailing Address: 33325 8 Ave S, Suite 101
Federal Way, WA 98003
Project Title: Puget Sound Auto Theft Task Force
Multiple Agency Request ® Single Agency Request ❑
Double click on table to access embedded Excel worksheet.
Please provide the total grant funding requested
(specific category funding detail in body of application)
AGENCY Funds
WATPA Funds
GRAND TOTAL
FersonneVEmployee Expenses
Fringe Benefits
$ 74,590.00
$ 19,400.00
$ 6,500.00
$
$
$
$
2,140,945.00
829,543.00
59,500.00
179,280.00
$
- $
$
$
2,215,535.00
848,943.00
66,000.00
179,280.00
Overtime
Consultants/Contracts
Travel Training
$ -
$
40,000.00
$
40,000.00
Equipment/Technology
Other(Investigative Fund/Office Sup
$ -
$
-
$
-
$ -
$ 7,000.00
$
7,000.00
Prosecution/Courts
$ -
$
-
$
-
Public Aw areness/Education
$ -
$
35,600.00
$
35,600.00
Total
$ 100,490.00
$
3,291,868.00
$
3,392,358.00
To the best of my knowledge and belief, all data in this application is true and correct. The document has been duly
authorized by the chief executive of the applicant and the applicant will comply with the attached assurances and the
terms of the grant contract.
Name of Authorized Official: Andy Hwang Date : 3 3.o/Z 3
Signature of Authorized Official: d _4 7.- XL- Title: Chief Phone: 253-835-6701
WATPA-General Grant Application: 7/1/2023 — 6/30/2025 7
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
Applicant Contact Information
For the purposes of administering a grant, WATPA requires that three persons be designated to the positions of Authorized
Official, Project Director and Financial Officer. The Project Director and the Financial Officer may not be the same person;
however, under extenuating circumstances one person may otherwise fill two positions.
APPLICANT AGENCY: Federal Way Police Department
PROJECT TITLE: Puget Sound Auto Theft Task Force
Project Manager
Financial Officer/Grant Administrator
Andy Gildehaus
David Liang
FIRST NAME LAST NAME
FIRST NAME LAST NAME
Lieutenant
Financial Analyst
Title/Position
Title/Position
9401 Lakewood Drive SW
33325 8th Ave So, Suite 101
Mailing Address (Street or P. O. Box)
Mailing Address (Street or P. O. Box)
Lakewood WA 98499
Federal Way WA 98003
City State Zip
City State Zip
253-830-5018 253-830-5069
253-835-2524 253-835-6739
Telephone Fax
Telephone Fax
agildehaus@cityoflakewood.us
David.liang@cityoffederalway.com
E-mail
E-mail
Authorized Official
The Authorized Official is the Chief Executive Officer, or designee of the Agency.
Andy Hwang
FIRST NAME LAST NAME
Chief of Police Federal Way Police Department
Title/Position
33325 8th Avenue So
Mailing Address (Street or P. O. Box)
Federal Way
WA 98003
City State Zip
253-835-6701
253-835-6739
Telephone Fax
Andy.hwang@cityoffederalway.com
WATPA-General Grant Application: 7/1/2023 — 6/30/2025 8
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
Grant Application Questionnaire
1. Will Grant Funds supplant current funding available for vehicle theft deterrence?
Yes !❑ No
See non -supplanting declaration.
2. Does your Agency report crime statistics to the Washington Association of Sheriffs and Police
Chiefs' Uniform Crime Report/National Incident Based Reporting System?
Yes ® No❑
3. Has your agency or any other agency represented in this grant application ever had a grant
from either the Federal or State government terminated?
Yes',❑ No
4. Other information (limit the following to the primary grant applicant's agency only):
Population of Jurisdiction: 103,000
Number of Officers (FTEs) assigned full time in vehicle theft investigations not
funded by WATPA: 2
5. If a task force or joint operation, do you have a separate unit or task force policy/procedure manual
that applies to all members?
Yes ® No ❑
If no, please explain.
WATPA-General Grant Application: 7/1/2023 — 6/30/2025 9
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
Budget Detail and Narrative
Double click on table to access embedded Excel worksheet.
Title or Position
Rate/Hour
WATPA Funds
Agency Funds
(if any)
Total
A.
TF Supervisor
$62.91
$278,000.00
$278,000.00
B.
TF Detective (7)
$63.66
$1,853,705.00
$1,853,705.00
C.
TF Com mander
$79.61
$61,000.00
$61,000.00
F.
Crime Analyst*
$38.50
$22,680.00
$22,680.00
G.
Financial Analyst
$37.75
$13,590.00
$13,590.00
Total Personnel
$282.43i
$2,154,385.001
$74,590.00
$2,228,975.00
B. Fringe Benefits
Description of Benefits Cost WATPA Funds Agency Funds
(if any)
Total
A.
TF Supervisor Benefits Pkg
$97,300.00
$97,300.00
$97,300.00
B.
TF Detective (7) Benefits Pkg
$724,305.00
$724,305.00
IF
$724,305.00
C.
Other Employee Benefits Pkg
$19,400.00
$19,400.00
$19,400.00
D.
Crime Analyst*
$7,938.00
$7,938.00
$7,9.38.00
G.
$0.00
Total Personnel
1 $848,943.001
$829,543.00
$19,400.00
$848,943.00
WATPA Funds Agency Funds Total
Total Employee Costs $849,225.43 $2,983,928.00 $93,990.00 $3,077,918.00
*12.5% (5 hours/week)
Personnel Narrative
Personnel salaries were provided by agencies who have personnel on PSATT and based on labor contracts currently
in place. "In kind" agency funds count for the WSP part of PSATT and also include the Task Force Commander, along
with a Financial Analyst and Crime Analyst time at 20 hours per month for the 24 month grant cycle.
Fringe Benefits Narrative
Personnel Fringe Benefits were provided by agencies who have personnel on PSATT and based on labor contracts
currently in place. "In kind" agency funds count for the WSP part of PSATT and also include the Task Force
Commander, along with a Financial Analyst and Crime Analyst time at 20 hours per month for the 24 month grant
cycle.
WATPA-General Grant Application: 7/l/2023 — 6/30/2025 10
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
Consu Itants/Contracts
Description of Services WATPA Agency Funds Funds Total WATPA
Approved
Rent - Auburn Facility $144,000.00' $144,000.00
Internet/Cable Services $9,040.00 $9,040.00
Verizon $13,440.00, $13,440.00
Rekor $4,800.00 $4,800.00
Covert Tracker Licenses $8,000.00 $8,000.00
$0.00
$0.00
Total Consultants/Contracts $179,280.00 $0.00. $179,280.00 $0.00
C. Consultants/Contracts Describe the anticipated use of any contracted or consultant services. Describe
basis for the cost of each line item. Professional services (such as consultants, interpreters, trainers etc.)
should be described by the type of service, number of hours, rate per hour, and travel costs, if any. (150
words max)
The Verizon expenses cover all SIM cards embedded in our cameras that allow for wireless communication
with our server. The Rekor expenses allow for ALPR services on any camera that is deployed.
WATPA-General Grant Application: 7/l/2023 — 6/30/2025 11
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
D. Travel/Training (specify and use continuation page if necessary)
Purpose
Destination WATPA
Funds
Agency
Funds
Total
A.
IAATI Conference 2023
Hawaii
$6,000.00
$6,000.00
B.
TEEL Tech Vehicle Forensics
Victoria, BC
Coeur D'Alene
$12,000.00
$12,000.00
C.
WSNIA Conference
$8,000.001
$8,000.00
D.
IAATI Conference 2024
TBD
$6,000.00
$6,000.00
E.
WSNIA Conference 2024
Coeur D'Alene
$8,000.00
$8,000.00
F.
$0.00
G.
$0.00
Total Travel/Training
$40,000.00
$0.00
$40,000.00
D. Specify explain how travel costs were calculated (example: purpose, number of participants, number
of days/nights, costs for lodging/per diem, transportation, parking, etc. (100 words max)
See below explanation.
Travel/Training Narrative: Identify the desired training opportunities applied for in order
of priority and specifically explain how the training is necessary specify how it will enhance existing
operations. (150 words max)
#1 Teel Tech's Advanced Vehicle Forensics allows detectives to build on skills and techniques from BERLA
training. This training allows for in-depth look at a recovered vehicle's activities while it was stolen. This
usually leads to additional crimes solved and charges filed. Costs: registration, 5 nights of lodging and 5 days
of per diem. Two Detectives Fall 2023
#2 The IAATI conferences are specifically geared to auto theft/crimes investigators. They provide best
investigative practices, current trends, networking opportunities, and technology updates. Costs: registration,
airfare, 5 nights of lodging, 5 days of per diem, and some transportation costs (Uber/Taxi) Two Detectives per
year, Fall 2023 & Fall 2024
#3 WSNIA conferences are geared towards narcotics investigations, but provide training and best practices in
undercover operations, surveillance techniques, informant development, legal updates, technology updates and
networking opportunities. Costs: registration, 4 nights of lodging and 4 days of per diem. Four Detectives
per year Spring 2024 & Spring 2025.
WATPA-General Grant Application: 7/1/2023 — 6/30/2025 12
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
E. Equipment/Technology
�
quipment Name or Descriptid
1
Qty WATPA
Funds
Agency
Funds
Total
A.
1
$0.00
B.
C.
$0.00
$0.00
D.
E.
$0.00
$0.00
F.
$0.00
G.
$0.00
Total Equipment
$0.00
$0.00
$0.00
E. Equipment Narrative: Specifically identify the equipment applied for in order of priority. Explain how funding for
equipment will enhance existing operations (200 words max).
WATPA-General Grant Application: 7/1/2023 — 6/30/2025 13
WASHINGTON AUTO THEFT PREVENTION AUTHORITY
F. Prosecution/Court (any
additional costs other than personnel and fringe benefits. Those
expenses should be included in Section A -Personnel)
Description
WATPA
Funds
Agency
Funds
Total
A,
$0.00
B.
$0.00
C.
$0.00
D.
$0.00
$0.00
$0.00
$0.00
E.
F.
G.
Total Prosecution/Courts
$0.00
$0.00
$0.00
F. Prosecution/Court Narrative
Describe expected activities and how it relates to project goals. Explain if prosecution request is new or an
existing request. (150 words max)
WATPA-General Grant Application: 7/l/2023 — 6/30/2025 14
COUNCIL MEETING DATE: May 16, 2023
ITEM #:
7f
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: MACDONALD MILLER HVAC MAINTENANCE AGREEMENT, AMENDMENT NO. 2
POLICY QUESTION: Should the Council authorize an amendment to the MacDonald -Miller HVAC
Maintenance Agreement for Federal Way City Hall and Community Center to increase compensation to meet
new prevailing wage rates?
COMMITTEE: PRHSPS MEETING DATE: May 9, 2023
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jason H. Gerwen — Parks Deputy Director DEPT: Parks
Attachments: 1. Staff Report
2. Maintenance Agreement Amendment No. 2
Options Considered:
1. Approve the proposed agreement amendment.
2. Do not approve the proposed agreement amendment and provide direction to staff.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: �42(, 431tlZ42 DIRECTOR APPROVAL:
Committee Council Initia"Dase AGYIrJ
Initial/Date Initial/Date 1
COMMITTEE RECOMMENDATION: "I move to forward the proposed agreement amendment to the May 16, 2023,
consent agenda for approval. "
(
- t� l.' � �• C�Y'i G.G.. I�IO,r�
Committee Chair eTommittee mbelr Committee Member
PR Pt)SED COUNCIL MOTION: "I move approval of the proposed agreement amendment, and authorize the
Mnvor to execute said amendment. "
(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: 5/16/2023
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Jason H. Gerwen, Parks Department
SUBJECT: MacDonald Miller HVAC Maintenance Agreement, Amendment No. 2
Background Information:
State law, in chapter 39.12 RCW requires local government contractors and subcontractors to
pay prevailing wage rates to all workers for all public works and maintenance contracts,
regardless of the dollar value of the contract.
The City was contacted by MacDonald Miller regarding the increase in prevailing wages that
occurred since the current maintenance agreement was executed and requested the agreement
be amended to reflect those changes. As the City is required to follow Chapter 39.12 RCW,
we request the City Council approve and authorize the Mayor execute a contract amendment
to meet this obligation.
Financial 1 niya.cts:
The cost to the City for HVAC Maintenance at Federal Way City Hall and the Federal Way
Community Center was included within the approved budget under the Parks Department, budget
lines 505-1100-331-518-30-480 & 111-7200-351-575-51-480. However, the cost increase to this
item due to the increase in prevailing wages will result in a slight amount that is not covered by
the amount provided in the approved budget for both locations (City Hall: $4,729.90/year;
FWCC: $4,214.63/year).
Current Agreement: $496,473.10
Amendment addition to Agreement: $193.567.56
Amended Total Contract Value: $690,004.66
Rev. 7/18
Err of CITY HALL
Fe d e ra i Way Sth Avenue South
l Way, WA 98003-6325
(253) 835-7000
www cityol%deralway. com
AMENDMENT NO.2
TO
MAINTENANCE AGREEMENT
FOR
HVAC SERVICE
This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and MacDonald -Miller Facility Solutions, Inc., a Washington limited liability company
("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the
Parties, agree to amend the original Agreement for HVAC Service ("Agreement") dated effective April 12, 2019, as
amended by Amendment No.1, as follows:
1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit B-2, attached hereto and incorporated by this reference. The Contractor
agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the
negotiated rate(s) for the Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely
responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and
payment of this Agreement.
2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract.
[Signature page follows]
AMENDMENT - 1 - 3/2017
CITY OF
Federal way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederahvay com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY:
Jim Ferrell, Mayor
DATE:
MACDONALD-MILLER FACILITY SOLUTIONS INC.:
By: -
Printed Name:
Title:
Date:
STATE OF WASHINGTON )
ss.
COUNTY OF )
ATTEST:
Stephanie Courtney, CMC, City Clerk
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
On this day personally appeared before me , to me known to be the
of MacDonald -Miller Facility Solutions, Inc. that executed the foregoing instrument,
and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for
the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument.
GIVEN my hand and official seal this day of
2023.
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
AMENDMENT
-2-
3/2017
CITY OF CITY HALL
Fe d e ra I Way Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway. com
EXHIBIT B-2
ADDITIONAL COMPENSATION
1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount
not to exceed One Hundred Fifty -One Thousand Six Hundred Forty -Eight and No/100 Dollars ($151,648.00)
and Washington State sales tax equal to Forty -One Thousand Nine Hundred Nineteen and 56/100 Dollars
($41,919.56) for a total of One Hundred Ninety -Three Thousand Five Hundred Sixty -Seven and 56/100 Dollars
($193,567.56). The total amount payable to Contractor pursuant to the original Agreement, all previous
Amendments, and this Amendment shall be an amount not to exceed Six Hundred Ninety Thousand Four and
66/100 Dollars ($690,004.66).
2. Method of Compensation:
Hourly Rate
In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount
calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below:
Method of Compensation: Payment by the City for the services will only be made after the services have been
performed, an itemized billing statement is submitted in the form specified by the City and approved by the
appropriate City representative, which shall specifically set forth the services performed, the name of the person
performing such services, and the hourly labor charge rate for such person. Payment shall be made on a
monthly basis, thirty (30) days after receipt of such billing statement.
Hourly rates not to exceed:
• Extra repair hourly rate up to 8 hrs: $179 per hour
• Overtime Saturday rate: $268.50 per hour
• Overtime Sunday rate: $358.00 per hour
City Hall Comprehensive service rate at $40,091 + 4,049.70 tax = $44,145.70 yr.
FWCC Comprehensive service rate at $35,728 + 3,608.53 tax = $39,336.53 yr.
Unforeseen repairs or excluded parts and labor are extra, and charged at above hourly rates.
AMENDMENT - 3 - 3/2017
COUNCIL MEETING DATE: May 16, 2023
ITEM #:
0
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PUBLIC HEARING REGARDING AMENDMENTS TO THE CITY COMPREHENSIVE PLAN AND PARKS,
RECREATION, AND OPEN SPACE PLAN
POLICY QUESTION: Should the City Council approve amendments to the Federal Way Comprehensive Plan
and Parks, Recreation, and Open Space Plan to facilitate establishment of a Park Impact Fee?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Evan Lewis. Senior Planner
DEPT: CD
Background: The City of Federal Way Parks Department has requested an amendment to the City's
Comprehensive Plan to facilitate the establishment of a Park Impact Fee, amend the Parks Capital Improvement
Plan to include two future new or expanded parks that will be necessary to serve expected future growth, and to
update the list of other parks capital improvement projects. The proposed amendment includes text amendments
to the Comprehensive Plan Chapter 6 ("Capital Facilities") and the Parks, Recreation and Open Space ("PROS")
plan which is incorporated by reference as part of the Capital Facilities Chapter. This public hearing is being held
pursuant to FWRC 19.80.050(3) which allows for comprehensive plan amendments outside of the annual
amendment process when the amendment is done concurrently with the adoption or amendment of a City budget.
This proposal is being considered concurrently with a mid -year City budget amendment.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N1A
S
Committee � ' Cl)unril '
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: N/A
DIRECTOR APPROVAL: 1W LD
lnitiallDatc
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S): 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 #
we
COUNCIL MEETING DATE: 5/16/2023 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PUBLIC HEARING REGARDING THE ADOPTION AND IMPLEMENTATION OF PARK IMPACT FEES
INTO TITLE 19 OF FWRC.
POLICY QUESTION: N/A
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jason H. Gerwen, Parks Deputy Director DEPT: Parks Department
Attachments: 1. Staff Report
2. Park Impact Fee Study — May lo, 2023
Background: This public hearing is being held regarding the adoption and implementation of Park
Impact Fees (pursuant to Title 19 FWRC). This is to ensure adequate parks, recreation and open space
facilities are available to serve new growth and development.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A S'�D'�'3 DIRECTOR APPROVAL:
Committee
Initial/Date
Ttrf l
Initial/Date
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member 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 - 4/2019 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: 5/10/2023
TO: City Council Members
VIA:
Jim Ferrell, Mayor
FROM:
John Hutton, Parks Director & Jason H. Gerwen, Deputy Parks Director\�
SUBJECT: Public Hearing: Park Impact Fees
Backaround Information:
There are two adjustments to the previous draft ordinance regarding the implementation and
adoption of Park Impact Fees pursuant to Title 19 FWRC.
1. Parks Impact Fees associated with commercial developments, they will be
implemented at $0 until 2030 at which time the fee can be reevaluated.
2. Park Impact Fees will be calculated at time of application for a two-year period.
An updated final report dated May 10, 2023, is attached which describes in detail the
proposed PIF policy methodology and technical analysis.
Rev. 7/18
City of Federal Way
This entire report is made of readily
recyclable materials, including the bronze
wire binding and the front and back cover,
which are made from post -consumer
recycled plastic bottles.
LV
ipact Fee Study
Final Report
May 10, 2023
Washington
7525 1661h Avenue NE, Ste. D215
Redmond, WA 98052
425.867.1802
Oregon
5335 Meadows Road, Ste 330
Lake Oswego, OR 97035
503.841.6543
Colorado
PO Box 19114
Boulder, CO 80301-9998
719.284.9168
www.fcsgroup.com
❖ FCS GROUP
Solutions -Oriented Consulting
City of Federal Way Park Impact Fee Study
May 2023 page ii
TABLE OF CONTENTS
Table of Contents...............................................................
SectionI.
Introduction ........ ........... ....... ........ .................................................................
:........... ................. 1
I.A.
Policy........................................................................................................................................1
I.B.
Calculation Overview.. .................................... ........... .•----•..........................................................1
SectionII
PIF Analysis........ ................................................................................................................3
II.A.
Growth.......................................................................................
............ ........................3
II.B.
Future Facilities Fee.....................................................................................................................6
II.C.
Existing Facilities Fee....................................•----..........................................................................9
II.D.
Calculated PIF......................•-•---•----------................................................
......................... 10
Section III.
Implementation.......... ............ . .
.. . . . . . .. .... .......12
III.A.
Indexing...................................................... .............. .............................................................12
III.B.
Funding Plan............................................................................................................................12
III.C.
Comparisons............................................................................................................................12
AppendixA: Infill Project List ...... ..... ......... ............... ............. ................... .....—...... ..... .-..... .............. ............. 14
•:;> FCS GROUP
City of Federal Way
May 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 City provides
parks and recreation services for all residents in its boundaries, and the City's park planning efforts
extend throughout the same boundaries. Given the City-wide planning and provision of parks
services, as well as the City's relatively limited geographic scope, the City park system is a single
service area for the purposes of the PIF study. The following sections provide the policy background
upon which the PIF is based, as well as a general overview of the PIT 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.
I.A.1 . 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.
.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.
*:;> FCS GROUP
City of Federal Way
May 2023
Park Impact Fee Study
page 2
The diagram below summarizes the basic outline of an impact fee calculation, and more detail is
provided in the following bullets.
Eligiblecost of
capacity
in existing
facilities
Wf a
Growth in system
capacity —4
Eligiblecostof
plannedcapacity
+increasing
I ,�..
facilifies
aJ
Growth in system
capac'dy
per unit of
capacity
&— �A
• 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.
•*-4FCS GROUP
City of Federal Way
May 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.I . 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
employment data were available), 96,526 residents lived in Federal Way, according to the Census
�:;> FCS GROUP
City of Federal Way Park Impact Fee Study
May 2023 page 4
Bureau's American Community Survey. Also, according to the Census Bureau, 28,063 employees
worked in Federal Way for their primary occupation. 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); U.S. Census Bureau, 2019
American Community Survey 5-year estimates, Table B01003 (population)
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.
-:;. FCS GROUP
City of Federal Way Park Impact Fee Study
May 2023 page 5
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 another way, the
parks demand of about 18.96 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 103,385 residential equivalents. That number is the
sum of 101,534 residents and 1,851 residential equivalents for 35,092 employees according to the
Puget Sound Research Council (PSRC). Note that these 2019 population and employment estimates
differ from the Census Bureau estimates. This is acceptable because the 2019 Census Bureau data is
used only to determine the residential equivalency factor.
During the forecast period from 2023 to 2044, the residential population is expected to grow by
21,808 residents. If total residential equivalents remain proportionate to the residential population,
then residential equivalents will grow by 22,774 to a total of 126,159 residential equivalents.
Therefore, 22,774 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
Source: Puget Sound Research Council (population and employee estimates); Previous tables (resindetial-
equivalent employee factor)
•:;> FC5 GROUP
City of Federal Way Park Impact Fee Study
May 2023 page 6
II.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).
11.13.1. Eligibility
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 4.80 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, 63.67 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.
•:;>FCS GROUP
City of Federal Way
May 2023
Exhibit 2.5 — Eligibility under the Current Level of Service
Source: 2019 PROS Plan Table 3.1, City staff
Park Impact Fee Study
page 7
il.B.l .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
4.30 acres of community parks per 1,000 residents in 2044. If that level of service was applied to the
2023 population, a minimum of 436.82 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.
FCS GROUP
City of Federal Way
May 2023
Exhibit 2.6 — Eligibility under the Future Level of Service
Source: 2019 PROS Plan Table 3.1, City staff
Park Impact Fee Study
page 8
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.
I.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.
Exhibit 2.7 — Expansion Projects
Source: City staff
II.B.3. Infill List
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 18.05 percent if the project adds new amenities. That 18.05 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 $6.3 million.
•.; FC5 GROUP
City of Federal Way Park Impact Fee Study
May 2023 page 9
II.13.4. 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 18.05 percent. As all methods of
determining level -of -service result in the same eligibility percentages, the future facilities cost basis
is $22.8 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
$2.3 million when measuring by category and approximately $3.4 million when measuring by unit of
measurement. However, an adjustment must be made for growth's share of 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 $2.4 million, and so the total eligible amount is either $0 or $1.0 million
depending on the method used for determining level of service.
Exhibit 2.10 — Existing Facilities Fee Cost Basis
By Category:
Community Park
Acres
$
24,293
50.12
$ 1,217,495
Neighborhood Park
Acres
15,345
12.49
191,732
Open Space
Acres
1,294
50.44
65,262
Special Use Facilities
Number
1,253,616
0.69
869,772
Trail
Miles
-
1.40
-
Total
$ 2,344,261 $ 2,400,184 $
By Unit of Measurement:
Park or Natural Area Acres $ 22,668 113.05 $ 2,562,570
Special Use Facility Number 1,253,616 0.69 869,772
Trail Miles - 1.40 -
Total $ 3,432,341 $ 2,400,184 $
Source: City staff (historical investment oustanding debt); previous tables
:> FCS CROUP
City of Federal Way Park Impact Fee Study
May 2023 page 10
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.
Cost Basis:
Future Facilities
Existing Facilities
Total Cost Basis
Growth in Residential Equivalents
Exhibit 2.11— Calculated PIF
$ 22, 825, 243 $ 22, 825, 243 $ 22, 825, 243 $ 22, 825, 243
- - - 1,032,158
$ 22,825,243 $ 22,825,243 $ 22,825,243 $ 23,857,401
22,774 22,774 22,774 22,774
Future Facilities Fee per Residential Equivalent
$
1,002 $
1,002 $
1,002 $
1,002
Existing Facilities Fee per Residential Equivalent
-
-
-
45
Total Parks Impact Fee per Residential Equivalent
$
1,002 $
1,002 $
1,002 $
1,048
Residential
Fee Schedule:
Equivalents
Dwelling Unit
2.71 $
2,716 $
2,716 $
2,716 $
2,839
Employee
0.05
53
53
53
55
Source: Census Bureau, 2021 American Community Survey, Tables B25024 and B25033 (residents per dwelling unit); previous
tables
As shown above, the maximum allowable PIF is $1,048 per residential equivalent under the future
level of service by unit of measurement. The resulting PIF is $2,839 for a residential dwelling unit,
based on an average occupancy of 2.71 residents per Census data.
The rate per employee is $55 based on the equivalency calculated in Section H.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.
FCS [_t�i Cj [_ P
City of Federal Way
May 2023
Exhibit 2.12 - Calculated Non-residential PIF
IG
Park Impact Fee Study
page 11
Industry .-
S.F. per
.. -- per
-
per 111
(Sir) Employe,
111 S.F.
per 1,000 per
111
10
Ag., Fish & Forest Services; Constr.; Mining
1-19
590
1.695
$ 89.58 $
89.58
$ 89.58 $
93.63
Food & Kindred Projects
20
630
1.587
83.89
83.89
83.89
87.69
Textile &Apparel
22,23
930
1.075
56.83
56.83
56.83
59.40
Lumber&Wood
24
640
1.563
82.58
82.58
82.58
86.32
Furniture; Clay, Stone &Glass; Misc.
25, 32, 39
760
1.316
69.54
69.54
69.54
72.69
Paper&Allied
26
1,600
0.625
33.03
33.03
33.03
34.53
Printing, Publishing&Allied
27
450
2.222
117.45
117.45
117.45
122.76
Chemicals, Petroleum, Rubber, Leather
28-31
720
1.389
73.41
73.41
73.41
76.73
Primary & Fabricated Metals
33,34
420
2.381
125.84
125.84
125.94
131.53
Machinery Equipment
35
300
3.333
176.18
176.18
176.18
184.14
Electrical Machinery, Equipment
36,38
400
2.500
132.13
132.13
132.13
138.11
Transportation Equipment
37
700
1.429
75.50
75.50
75.50
78.92
TCPU-Transportation and Warehousing
40-42, 44, 45, 47
3,290
0.304
16.06
16.06
16.06
16.79
TCPU-Communications and Public Utilities
43, 46, 48, 49
460
2.174
114.90
114.90
114.90
120.09
Wholesale Trade
50,51
1,390
0.719
38.02
38.02
38.02
39.74
Retail Trade
52-59
470
2.128
112.45
112.45
112.45
117.54
Finance, Insurance & Real Estate
60-68
370
2.703
142.85
142.85
142.85
149.31
Non -Health Services
70-79
770
1.299
68.64
68.64
68.64
71.74
Health Services
80
350
2.857
151.01
151.01
151.01
157.84
Educational, Social, Membership Services
81-89
740
1.351
71.42
71.42
71.42
74.65
Government
90-99
530
1.887
99.72
99.72
99.72
104.23
Source: Metro,"1999 Employment Density Study, " Table 4
+ FICS G 1 OU1
City of Federal Way Park Impact Fee Study
May 2023 page 12
Section III. IMPLEMENTATION
This section addresses practical aspects of implementing PIFs and provides comparisons to other
jurisdictions.
II.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. FUNDING PLAN
Even if the City implements the parks impact fees calculated previously, impact fee revenues will not
be sufficient to fund the project list. An additional $36.9 million will need to be raised from other,
non -impact fee, sources. This is shown in Exhibit 3.1.
Exhibit 3.1— Funding Plan
Resources
Beginning Fund Balance
$
-
Impact Fee Revenue
23,857,401
Other Heeded Revenue
36,899,266
$
60,756,667
Total Resources.
Requirements
Project List (Total Cost)
$
60,756,667
Ending Fund Balance
-
$
60,756,667
Total Requirements:
III.C. COMPARISONS
Exhibit 3.2 below shows a comparison of PIFs calculated for single-family homes for some relevant
jurisdictions.
•:;> FCS GROUP
City of Federal Way
May 2023
Exhibit 3.2 — PIF Comparisons
Issaquah
$10,533.
Kirkland
$6,822 _M
Sammamish
$6,739
Redmond
$5,884
Shoreline
$5,227
Kent
$3, 904
Auburn
$3,500
Renton
$3,276
Eve rett**
$3,180
Federal Way (Proposed)
$2,839
Source: FCS GROUP Survey, 312712023
*SFR = Single family residence
**Assumes a three -bedroom house
Park Impact Fee Study
page 13
**4FCS GROUP
City of Federal Way
May 2023
Park Impact Fee Study
page 14
APPENDIX A: INFILL PROJECT LIST
Adelaide
Formalize picnic areas/install picnic shelters (2)
2033
$ 167,000
18.05% $
30,147
Alderbrook Park
Playground Replacement
2023
150,000
18.05%
27,078
Alderdale park
Playground Replacement
2027
150,000
18.05%
27,078
BPA
Add a fitness trail and equipment
2026
143,000
18.05%
25,814
BPA
Repair asphalt trail
2030-2040
-
0.00%
-
BPA
Install monument sign
2028
7,000
18.05%
1,264
BPA
Install directional signage/wayfinding
2030
12,000
18.05%
2,166
Brooklake
Demo Hall & Green Storage Buildings
2023
8,000
0.00%
-
Brooklake
Electrical upgrades
2023
20,000
18.05%
3,610
Brooklake
Facility/Feasibility Assessment- MasterPlan
2023
4,000
18.05%
722
Cedar Grove Park
Playground Replacement
2031
175,000
18.05%
31,591
Celebration
Convert To Artificial Turf
2032
11,500,000
18.05%
2,075,971
Celebration
Sand based turf replacement
2026
500,000
18.05%
90,260
Celebration
Replace field fence
2035
119,000
0.00%
-
Celebration park
Playground Replacement
2024
450,000
18.05%
81,234
City Hall
add ADA door control @ Court Entry
2023
60,000
18.05%
10,831
City Hall
Card control replacement/upgrade
2027
125,000
18.05%
22,565
City Hall
Carpet replacement
2027
250,000
0.00%
City Hall
City Hall Water Heaters (5)
2028
75,000
0.00%
-
City Hall
Court bench refurbish
2025
8,500
0.00%
City Hall
Elevator
2024
185,000
0.00%
City Hall
HVAC
2025
400,000
0.00%
City Hall
Reception Counters - replace Formica
2026
10,000
0.00%
City Hall
Roof replacement
2026
500,000
0.00%
-
City Hall
Security Fence Around Entire P/E Parcel/Lot
2024
75,000
18.05%
13,539
City Hall
Sidewalk ADA upgrades
2023-2027
240,000
0.00%
-
Coronado Park
Playground Replacement
2028
150,000
18.05%
27,078
Fisher Pond
Prepare master plan
2028
12,000
18.05%
2,166
Fisher Pond
Install picnic shelter
2030
83,000
18.05%
14,983
Fisher Pond
Decommission on -site well
2030
12,000
0.00%
French Lake
Develop/Install Shelter
2028
60,000
18.05%
10,831
FWCC
Exercise Equipment (full replace)
2026
150,000
0.00%
-
FWCC
Locker Rooms/Cabanas Restoration
2023
250,000
0.00%
FWCC
Replace Pool Water Slide/Play Equipment
2023
1,200,000
0.00%
FWCC
Re -plaster Lap Pool
2027
400,000
0.00%
FWCC
Pool/slide repairs
2023
298,000
0.00%
FWCC
Replace pool and play equipment
2023
60,000
0.00%
-
FWCC
Outdoor areas
2033
119,000
18.05%
21,482
Heritage Woods park Playground Replacement
2029
175,000
18.05%
31,591
Lake Grove Park
Playground Replacement
2032
200,000
18.05%
36,104
Lakota
Parking Lot Replacement
2023
170,000
0.00%
-
Lakota
Upgrade soccerfield to artificial turf
2021
1,489,000
18.05%
268,793
Lakota
Upgrade running track to rubber
2021
238,000
18.05%
42,964
Lakota
Upgrade field lighting
2032
893,000
18.05%
161,204
Lakota
Upgrade restrooms and increase parking
2032
953,000
18.05%
172,035
(continued next page)
•:;> FCS GROUP
City of Federal Way
May 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
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
Wayfinding Signs
Wedgewood
West Hylebos
West Hylebos
West Hylebos
West Hylebos
Wildwood
Wildwood
Prepare master plan
202
Perform master plan improvements
2027-20T
Install 1/2 basketball court
2031
Playground Replacement
2031
Replace and improve playground
2021
Complete sign implementation program
2023-2031
Formalize Joe'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
2021
Replace Rubber running track
202,
Tennis Court Replacement
202
Wood Pole Replacement
202!
Replace water service line
2021
New restroom - sewer lift station
203!
Install picnicshelter
2031
Parking lot lighting improvements (LED) at5acaji
2021
Install security cameras in parking lots at Scajaw(
2021
Artificial turf replacement-SoccerField
203:
Tennis Court Renovation/Resurface
202!
Replace Rubber runningtrack
2023-203:
Install artificial turf on football field
203!
Renovate basketball courts
2021
Overlay parking lot
2021
Develop a master plan
203:
Instal new shelters (Sites 2-5)
2028-201
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
20N
Band shell
2021
Veteran memorial
202
Implementation of wayfinding signage program 2030-2040
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
S 44.256,667
Source: 2019 PROS Plan Table 7.2, City staff
Park Impact Fee Study
page 15
18.05%
18.05%
18.05%
18.05%
18.05%
18.05%
18.05%
18.05%
18.05%
18.05%
0.00%
18.05%
18.05%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
18.05%
18.05%
18.05%
18.05%
0.00%
0.00%
18.05%
18.05%
0.00%
0.00%
18.05%
18.05%
0.00%
0.00%
0.00%
18.05%
0.00%
18.05%
18.05%
18.05%
18.05%
18.05%
18.05%
18.05%
18.05%
18.05%
18.05%
18.05%
18.05%
0.00%
0.00%
18.05%
0.00%
0.00%
18.05%
CI
6,499
10,831
31,591
25,814
8,665
6,499
10,831
22,565
14,983
36,104
16,066
14,983
91,162
257,962
26,897
52,712
234,675
2,106,058
7,221
1,354
13,539
1,264
3,610
16,066
14,983
30,147
26,897
2,166
fC5 �_7[� U 1 4 F
COUNCH. MEETING DATE: Mav 16, 2023
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: PUBLIC HEARING REGARDING THE ADOPTION OF VARIOUS CODE AMENDMENTS TO TITLE 19
FWRC TO INCREASE RESIDENTIAL CAPACITY AS A PART OF IMPLEMENTING THE HOUSING ACTION PLAN.
POLICY QUESTION: N/A
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Keith Niven 41(
DEPT: Community Development
Attachments: Staff Report
Background: This public hearing is being held regarding the adoption of various code amendments to
Title 19 FWRC to increase residential capacity as a part of implementing the Housing Action Plan. The
HAPI Code Amendments ordinance will be brought before Council for consideration and action during
the "Ordinances" agenda item at this meeting.
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL: N/A
DIRECTOR APPROVAL:
Committee 1% 0 Cbunri ' Initial Date
Initial/Date Initial I7, e
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member. Committee Member
PROPOSED COUNCIL MOTION: N/A
Z3
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL
ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
First reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
- 4/2019
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
March 13, 2023 (April 24, 2023)
TO:
Land Use & Transportation Committee
VIA:
Jim Ferrell, Mayor
FROM:
Keith Niven, CD Director 04a
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
May 10, 2023
Land Use and Transpmtation 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)
Planninjj 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 approval incomoratin:e
additional clarifications on the proposed revisions relating to ground floor non-residential
requirements and school impact fees relating to increasing 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.
May 10, 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 & May 10, 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 Impact 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.
May 10, 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 for units that are 2 bedroom and smaller. In addition, the caps for the rest of the City and for
larger units in these zones 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%, or ENR, whichever is less. Finally,
proposed language was added to vest the fees at time of complete land use permit submittal for a
period of 2 years.
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.
Inclusionary requirement
Staff proposed removing the parking requirement for the inclusionary units as a way to be
responsive to the recommendations from Heartland. At LUTC, the Committee expressed
concern over the long-term cost of this program to developers.
Staff Response: Staff need additional direction from the City Council to propose additional edits
to this section.
COUNCIL MEETING DATE: May 16, 2023 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PUBLIC HEARING: 2023/2024 BIENNIAL BUDGET ADJUSTMENT
POLICY QUESTION: N/A
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ® Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT. BY: Steve Groom, Finance Director DEPT: Finance
Attachments: N/A
Background: Hearing consistent with notice for budget amendment per RCW 35A.34.130
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A
Coimnittee • CAncil
Initial/Date lepr hitial/Dale
DIRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member 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 — 11/2019 RESOLUTION #
COUNCIL MEETING DATE: May 16, 2022
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: DIVERSITY COMMISSION APPOINTMENTS
POLICY QUESTION: Should the City Council appoint members to the Diversity Commission?
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: City Clerk
Background: The Diversity Commission is comprised of nine (9) voting members and one (1) alternate who are
appointed by the City Council to serve three-year terms (per FWRC 2.65.030).
There are currently three (3) vacant voting positions and five (5) applications were received in response to the City
Clerk's recruitment process.
At their May 16, 2022 Special Meeting the Council interviewed two (2) applicants seeking reappointment (Tracy
Myers and Lisa Wallace) and three (3) new applicants (Chika Onyejiaka, Ismael Mosqueda, and Ron Walker)
seeking appointment to the Diversity Commission.
Options Considered:
1. Appoint the following applicants to the Diversity Commission with terms as follows:
Pos
Name
Type Position
Term Expires
7.
1.
Voting Member
05/31/2026
8.
2. , uri-ently lr'i<i 1't
Voting Member
05/31/2026
9.
3.
Voting Member
05/31/2026
2. Direct the City Clerk to advertise for additional applicants.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A
N/A CITY CLERK APPROVAL:
Committee Council
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: N/A
Initial/Date
PROPOSED COUNCIL MOTION: "I move the following appointments to the Diversity Commission... "
(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 — 12/2016
RESOLUTION #
we
COUNCIL MEETING DATE: May 16, 2023 ITEM 4:
....... .......
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: YOUTH COMMISSION APPOINTMENT
POLICY QUESTION: Should the City Council appoint a member to the Youth Commission?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney, CityClerk DEPT: City Clerk
Background:
The Youth Commission is comprised of twelve voting and three (3) alternate members who are appointed by the
City Council to serve two-year terms (per FWRC 2.60.040). Members may include freshman through seniors who
attend high school within the city limits, attend a high school that is part of the Federal Way School District
(FWSD), or reside within the city limits.
There is one (1) vacant voting and three (3) vacant alternate positions due to term expirations. One application was
received in response to the City Clerk's recruitment process.
At their May 16, 2023 Special Meeting the City Council interviewed one new applicant, Satinder Singh Grewel.
Options Considered:
1. Appoint Satinder Singh Grewel to the Youth Commission as a voting member for a term to expire August
31, 2025.
2. Direct the City Clerk to advertise for additional applicants.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL: �I
Committee Council InitiallDatc
Initial/Date InililIMAic
PROPOSED COUNCIL MOTION: "I move to appoint Satinder Singh Grewel to the Youth Commission as a voting
member for a term to expire August 31, 2025. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 11T reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 4/2019 RESOLUTION #
9c
COUNCIL MEETING DATE: May 16, 2023 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ARTS COMMISSION APPOINTMENT
POLICY QUESTION: Should the City Council appoint a member to the Arts Commission?
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney, City Clerk
Background:
DEPT: City Clerk
The Arts Commission is comprised of nine (9) voting and two (2) alternate members who are appointed by the
City Council to serve three-year terms (per FWRC 2.50.030).
There are currently two (2) vacant voting positions and two (2) alternate positions due to term expirations and
previous council appointments. One (1) application was received in response to the City Clerk's recruitment
process.
At their May 16, 2023 Special Meeting the City Council interviewed one new applicant, Joseph Clark.
Options Considered:
1. Appoint Joseph Clark to the Arts Commission as a voting member for a term to expire December 31,
2026.
2. Direct the City Clerk to advertise for additional applicants.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: q wb
Committee Council InivatlMate
Initial/Date Initial/Date
PROPOSED COUNCIL MOTION: "I move to appoint Joseph Clark to the Arts Commission as a voting member
for a term expiring December 31, 2023. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 4/2019 RESOLUTION #
10a
COUNCIL MEETING DATE: May 16, 2023 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: AMENDMENTS TO THE CITY COMPREHENSIVE PLAN AND PARKS, RECREATION,
AND OPEN SPACE PLAN
POLICY QUESTION: Should the City Council approve amendments to the Federal Way Comprehensive Plan
and Parks, Recreation, and Open Space Plan to facilitate establishment of a Park Impact Fee?
COMMITTEE: FEDRAC MEETING DATE: April 25, 2023
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Evan Lewis DEPT: CD
Attachments: 1. Staff Report
2. Ordinance
3. Exhibits `A', `B', and `C'
Options Considered:
1. Adopt the proposed ordinance.
2. Do not adopt the proposed ordinance and provide direction to staff.
MAYOR'S RECOMMENDATION: Opt�pn 1.
MAYOR APPROVAL:
DIRECTOR APPROVAL p [ k Z-3j
until �� Initial/Date
inilad.'Drde
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to a Public Hearing and First
Reading on May 11p2023. * j
i ee ia>r Member -
PROPOSED COUNCIL MOTION(S):
FIRST READING AND PUBLIC HEARING ON ORDINANCE (MAY 16, 2023): "1 move to forward the proposed
ordinance to the .Tune 6, 2023 Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE (JUNE 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 on!})
ORDINANCE #
REVISED— 1/2022
RESOLUTION #
V / A
CITY OF
Federal Way
STAFF REPORT
May 16, 2023
TO: Federal Way City Council
FROM: Evan Lewis, Senior Planner r 49L--
SUBJECT: Further amendments to the City Comprehensive Plan and Parks, Recreation and
Open Space Plan to facilitate establishment of a Park Impact Fee (PIF)
MEETING DATE: May 16, 2023
The following changes were made to the Comprehensive Plan Capital Facilities Chapter and Parks,
Recreation and Open Space (PROS) Plan after the April 25, 2023 FEDRAC meeting:
1) Capital Project lists in both the Capital Facilities Chapter and PROS Plan were updated to show a
"PIF Eligibility" percentage and a resulting "PIF-Eligible Cost" that are consistent with changes
made to the updated Park Impact Fee Study.
2) On pg. 110 of the amended PROS plan, a statement about the area where mitigation fees may be
spent was removed to be consistent with the Park Impact Fee Study and with the related
(separate) ordinance that would establish a new Park Impact Fee chapter of the zoning code.
Complete and additional information about this comprehensive plan ordinance is found within the staff
report provided for the 4/25/23 FEDRAC meeting and which is carried forward with this agenda packet as
reference.
07Y OF 4441.�&
Federal Way
STAFF REPORT
April 25, 2023
TO: Finance, Economic Development, Regional Affairs Committee (FEDRAC)
FROM: Evan Lewis, Associate Planner
SUBJECT: Amendments to the City Comprehensive Plan and Parks, Recreation and Open
Space Plan
MEETING DATE: April 25, 2023
I. BACKGROUND
The City of Federal Way Parks Department has requested an amendment to the City's
Comprehensive Plan to facilitate the establishment of a Park Impact Fee, amend the Parks Capital
Improvement Plan to include two future new or expanded parks that will be necessary to serve
expected future growth, and to update the list of other parks capital improvement projects. The
proposed amendment includes text amendments to the Comprehensive Plan Chapter 6 ("Capital
Facilities") and the Parks, Recreation and Open Space ("PROS") plan which is incorporated by
reference as part of the Capital Facilities Chapter.
Pursuant to RCW 36.70A.130(5)(a), the City of Federal Way must update its Comprehensive Plan
every ten years. The deadline for the next major update is December 31, 2024. Federal Way
Revised Code ("FWRC") 19.80.050 specifies an annual process for considering comprehensive
plan amendments, and generally such amendments may only be considered once per year.
However, FWRC 19.80.050(3) and state law allow for comprehensive plan amendments outside
of the annual process under certain scenarios, including amendments to the capital facilities
element of the comprehensive plan when done concurrently with the adoption or amendment to
the City budget. This proposal is being considered concurrently with a mid -year City budget
amendment.
Establishing the Park Impact fee will require a separate code amendment that will be considered
and brought to Council as a separate ordinance.
II. REASON FOR CITY COUNCIL ACTION
FWRC Chapter 19.80, "Council Rezones," establishes a process and criteria for comprehensive
plan amendments. Consistent with Process VI review for comprehensive plan capital facilities
chapter amendments done concurrently with a city budget amendment, the role of the City
Council is to:
1. Consider staff s review and recommendation on the proposed comprehensive plan
amendment;
2. Conduct a public hearing on the proposed comprehensive plan amendment;
3. Determine whether the proposed comprehensive plan amendment meets the criteria
provided by FWRC 19.80.140 and 19.80.150; and
4. Either approve, approve with modifications, or disapprove the proposed
amendment.
III. PROCEDURAL SUMMARY
Comprehensive Plan Amendment Process
March 31, 2023 Issuance of Determination of Nonsignificance pursuant to the State
Environmental Policy Act (SEPA)
March 17, 2023 End of SEPA Comment Period
April 7, 2023 End of SEPA Appeal Period
April 25, 2023 FEDRAC Meeting
May 16, 2023 Joint Public Hearing/ Ist Reading by City Council
June 6, 2023 City Council Second Reading (tentative; date of 2nd reading will be
based on the date of the budget amendment)
V. Comprehensive Plan Amendment
A. Capital Facilities Chapter Update
Amend text in Section 6.5 Parks and Recreation to align with the most recently adopted
PROS plan (Exhibit B).
B. PROS Plan Amendment (incorporated by reference within Capital Facilities chapter)
Amend text under Potential Funding Sources and in the Capital Improvement Plan
to facilitate the establishment of a park impact fee, to include two new parks, and
their cost estimates, in the capital facilities list, and to update the list of other parks
capital improvement projects. One new or expanded park would be located in
Federal Way's Downtown and the other in the South Station subarea planning area
somewhere between approximately S 348th St. and S 364th St/S 364th Way, west
of I-5 (approximate South Station planning are boundaries are found at
www.engap-efw.com/southstation). Specific Downtown and South Station new park
locations are to be determined.
VI. Public Comments Received
One public comment was received on the SEPA environmental determination; attached as
`Exhibit C'. The comment was from Tacoma Water and included information that, if applicable
for any given park location, would be more relevant at the time that specific future parks projects
are being reviewed. Any comments received in response to the public hearing notice will be
included in materials presented at the public hearing.
Staff Report to FEDRAC Committee Page 2
April 25, 2023
V111. COMPLIANCE WITH FWRC 19.80.140 - FWRC 19.80.140, Factors to be Considered in
a Comprehensive Plan Amendment — The city may consider, but is not limited to, the following
factors when considering a proposed amendment to the comprehensive plan.
(1) The effect upon the physical environment.
The proposal's effect on the physical environment is undetermined but there's little
reason to expect anything other than a neutral to net positive environmental impact from
a park impact fee, new and/or expanded parks, and other parks improvements detailed in
the updated Parks capital projects list. Such impacts would be known and reviewed
associated with future parks projects that are supported through funding made available
through park impact fees.
(2) The effect on open space, streams, and lakes.
The proposal's effect on open space, streams, and lakes is undetermined but there's little
reason to expect anything other than a neutral to net positive environmental impact. Such
impacts would be known and reviewed associated with future parks projects that are
supported through funding made available through park impact fees.
(3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods.
The proposal's impact on land use compatibility will be better known associated with
future parks projects. However, it's expected funding from a park impact fee would
support park space that is necessary to serve the City's expected growth; therefore there
is likely a net positive impact as it supports a public amenity serving adjacent land uses.
(4) The adequacy of and impact on community facilities including utilities, roads, public
transportation, parks, recreation, and schools.
The proposal would help fund park space necessary to serve expected growth and
therefore would likely have a net positive impact on community facilities. Parks
themselves are community facilities.
(5) The benefit to the neighborhood, city, and region.
The proposal would help fund park space necessary to serve expected growth and
therefore would likely have a net positive impact on neighborhoods, the city and region.
Parks are public amenities serving adjacent neighborhoods and the City and region as a
whole.
(6) The quantity and location of land planned for the proposed land use type and density and
the demand for such land.
The proposal would help fund an amount of park space necessary to serve expected
growth and therefore would likely have a net positive impact in this regard.
(7) The current and projected population density in the area.
The proposal would help fund an amount of park space necessary to serve Federal Way's
growing population; the impact of future park space on an area's population density can't
Staff Report to FEDRAC Committee Page 3
April 25, 2023
be determined at this time, however as population densities generally increase in the City,
sufficient park space becomes more important to serve that increased density.
(8) The effect upon other aspects of the comprehensive plan.
A park impact fee, as proposed, would be consistent with other comprehensive plan
chapters.
IX. COMPLIANCE WITH FWMC 19.80.150 - Criteria for Amending the Comprehensive Plan
— The city may amend the comprehensive plan only if it finds that:
(1) The proposed amendment bears a substantial relationship to public health, safety, or
welfare;
A park impact fee, and factoring two new parks into a capital facilities plan, would
support park space that is necessary to serve the City's expected future growth; adequate
park space is an important factor in supporting public health and welfare.
(2) The proposed amendment is in the best interest of the residents of the city.
A park impact fee, factoring two new parks into a capital facilities plan, and the other
parks capital improvement project list updates proposed would support park space that is
necessary to serve the City's expected future growth. Ensuring the necessary public
facilities and public amenities are sufficiently funded is in the best interest of the city's
residents.
(3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW
and with the portion of the city's adopted plan not affected by the amendments.
The comprehensive plan amendment under consideration is consistent with the following
goals of RCW Chapter 36.70A.020 of the Growth Management Act (GMA). The
following goals are not listed in order of priority and shall be used exclusively for the
purpose of guiding the development of comprehensive plans and development regulations:
• Capital Facilities Chapter Goal 4: Provide adequate funding for capital
facilities in Federal Way to ensure the FWCP vision and goals are implemented
o Policy CFP25: 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.
o Policy CFP27. Use the following available contingency strategies
should the City be, faced with capital. facilityfunding shortfalls:
Increase revenues by selling general obligation bonds, enacting
utility taxes, imposing impactfees, and/or raisingproperty tax
levy rates.
• City Center Goal 12; Policy CCP11: 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
Staff Report to FEDRAC Committee Page 4
April 25, 2023
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 ofpublic spaces, parks, and trails.
• PROS Plan Goal D.1; Policy D.2: Prepare an impact fee analysis to determine
the feasibility of using an impact fee system for park development and facilities
improvements.
X. Recommendation to City Council. Staff recommends that City Council approves the proposed
comprehensive plan amendment.
XI. FEDRAC COMMITTEE
The FEDRAC Committee may take the following actions regarding each proposed comprehensive
plan amendment request:
1. Recommend to City Council adoption of the proposed comprehensive plan amendment as
proposed; or
2. Modify the proposed comprehensive plan amendment and recommend to City Council
adoption of the amendment, as modified.
3. Recommend to City Council that the proposed comprehensive plan amendment not be
adopted.
Exhibits
`A' Amendment to Capital Facilities Chapter of Comprehensive Plan
• `B' Amendment to PROS Plan (incorporated by reference in Capital Facilities Chapter)
• `C' Public Comment
Staff Report to FEDRAC Committee Page 5
April 25, 2023
ORDINANCE NO. 23-
AN ORDINANCE of the City of Federal Way, Washington, amending the
Parks, Recreation and Open Space Plan and the Federal Way Comprehensive
Plan Chapter 6, Capital Facilities, to incorporate two new future parks and to
facilitate establishment of a Park Impact Fee (Amending Ordinance Nos. 90-
43, 95-248, 96-270, 98-330, 00-372,01-405, 03-442, 04-460, 04-461, 04-462, 05-
490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-
798, 18-843, 19-866, 21-907, 22-938, and 23-954)
WHEREAS, the Growth Management Act of 1990 as amended (Chapter 36.70A RCW or
"GMA"), requires the City of Federal Way ("City") to adopt a comprehensive plan including a
land use element and land use map, a housing element, a capital facilities plan, a utilities element,
and a transportation element and transportation system map(s); and
WHEREAS, the GMA also requires the City to adopt development regulations
implementing its comprehensive plan; and
WHEREAS, the Federal Way City Council adopted its comprehensive plan and land use
map (the "Comprehensive Plan") on November 21, 1995, and adopted development regulations
and a zoning map implementing the Comprehensive Plan on July 2, 1996; and subsequently
amended the comprehensive plan, land use map, and zoning map on December 23, 1998,
September 14, 2000, November 1, 2001, March 27, 2003, July 20, 2004, and June 16, 2005, July
16, 2007, June 11, 2009, October 28, 2010, January 27, 2011, January 23, 2013, August 14, 2013,
July 29, 2015, January 26, 2018, April 2, 2019, January 19, 2021, October 12, 2022, and April 12,
2023; and
WHEREAS, pursuant to Federal Way Revised Code ("FWRC") Chapter 19.35, the City
reviews Comprehensive Plan amendments under Chapter 19.80 FWRC, Process VI; and
WHEREAS, under RCW 36.70A.130, the Comprehensive Plan and development
Ordinance No. 23- Page 1 of 25
regulations are subject to continuing review and evaluation, but the Comprehensive Plan may
generally be amended only once on an annual basis; and
WHEREAS, the Comprehensive Plan may be amended more than once per year under
certain circumstances described in RCW 36.70A.130(2)(a) and FWRC 19.80.050(3); and
WHEREAS, under RCW 36.70A.130(2)(a) and FWRC 19.80.050(3), the Comprehensive
Plan may be amended outside the annual update when such amendment is to the capital facilities
element and occurs concurrently with city budget adoption or amendment; and
WHEREAS, under FWRC 19.80.050(3)(e) the City Council shall hold the public hearing
on an amendment to the Comprehensive Plan capital facilities element that falls outside the annual
update process and occurs concurrently with a budget amendment; and
WHEREAS, this amendment to the Comprehensive Plan is an amendment to the capital
facilities element and is occurring concurrently with city budget amendment; and
WHEREAS, the City adopted a Parks, Recreation, and Open Space Plan ("PROS Plan")
on December 3, 1991, and subsequently amended the PROS Plan on November 21, 1995;
September 14, 2000; June 29, 2006; January, 2013; and May 21, 2019; and
WHEREAS, the PROS Plan is adopted by reference into the capital facilities element of
the Comprehensive Plan; and
WHEREAS, the PROS Plan and capital facilities element are consistent with the GMA as
they contain the following components: (a) an inventory showing the location and capacity of
existing capital facilities; (b) a forecast of future needs per capital facility; (c) the location and
capacity of proposed new or expanded capital facilities; and (d) a six -year capital improvement
plan identifying sources of public money to fund these improvements; and
WHEREAS, the City is in the process of establishing a park impact fee; and
Ordinance No. 23- Page 2 of 25
WHEREAS, the City desires to add two new future parks to the list of proposed new or
expanded capital facilities in the PROS Plan and Comprehensive Plan; and
WHEREAS, the City also desires to amend the PROS Plan and Comprehensive Plan to
specifically enumerate which capital facilities, or portions thereof, are eligible for funding through
the newly established park impact fee; and
WHEREAS, Washington State Department of Commerce received 60-day notice of the
proposal on March 3, 2023 (ID 2023-S-4841); and
WHEREAS, on March 31, 2023, the City's SEPA Responsible Official issued a
Determination of Nonsignificance (DNS) for this proposal; and
WHEREAS, one written public comment was received on this proposal; and
WHEREAS, the SEPA Determination was not timely appealed; and
WHEREAS, the City Council held a public hearing on this proposal on May 16, 2023; and
WHEREAS, the City Council desires to adopt the proposed Comprehensive Plan and
PROS Plan Amendments, as proposed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings and Conclusions.
(a) The proposed Comprehensive Plan and PROS Plan amendments, as set forth in
Exhibits `A' and `B', attached hereto, are consistent with the Council vision for the City of Federal
Way; will support the establishment and maintenance of parks that are necessary to serve expected
future growth; and therefore, bear a substantial relationship to public health, safety, and welfare;
are in the best interest of the residents of the City; and are consistent with the requirements of
RCW 36.70A, King County Countywide Planning Policies and the unamended portion of the
Ordinance No. 23- Page 3 of 25
Comprehensive Plan. Specifically, the proposed Comprehensive Plan and PROS Plan amendments
are consistent with the following 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; Prepare an impact fee analysis to determine the feasibility of
Policy D.2:
using an impact fee system for park development and facilities
Ordinance No. 23- Page 4 of 25
improvements.
(b) The proposed amendments have complied with the appropriate process under state law
and the FWRC.
Section 2. Comprehensive Plan Amendments Ado tion. The 1995 City of Federal Way
Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009,
2010, 2011, 2013, 2015, 2018, 2019, 2021, 2022, and 2023, copies of which are on file with the
Office of the City Clerk, is amended as set forth in Exhibit A, attached hereto.
Section 3. Parks. Recreation, and Open Space Plan Amendments Adoption. The 1991
Parks, Recreation, and Open Space Plan, as thereafter amended in 1995, 2000, 2006, 2013, and
2019, copies of which are on file with the Office of the City Clerk, is amended as set forth in
Exhibit B, attached hereto.
Section 4. Amendment Authority. The adoption of the Comprehensive Plan amendments
above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to
Chapter 19.80 FWRC.
Section 5. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 6. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, as
thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010, 2011, 2013, 2015,
2018, 2019, 2021, 2022, and 2023 shall remain in full force and effect until this amendment
become operative upon the effective date of this ordinance.
Ordinance No. 23- Page 5 of 25
Section 7. 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 8. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 9. Effective Date. This ordinance shall take effect and be in force 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
P1
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 6 of 25
FWCP - Chapter Six, Capital Facilities
Exhibit A
The GMA requires that local jurisdictions prepare a transportation chapter as part of the
comprehensive plan. The GMA also authorizes jurisdictions to assess impact fees for
transportation system improvements that are necessary to accommodate the traffic created
by the new development. In order to assess impact fees, the capital facilities plan must
include the list of transportation improvements and associated costs that necessitate the
impact fees. Discussion related to Transportation -related capital facilities can be found in
FWCP Chapter 3, "Transportation."
Inventory of Existing Facilities
The City of Federal Way adopted the first Park, Recreation, and Open Space
Comprehensive Plan in December of 1991. The City updated the plan in 1995, 2000,
2006, 2012, and 2019. This plan, which is now called the Parks, Recreation, and Open
Space Plan, is incorporated by reference. The planning area is based only on the City
limits of Federal Way, although the Potential Annexation Area (PAA) is inventoried and
discussed. As in previous plans, the Parks Plan has been subdivided into subareas, referred
to as Parks Plan Planning Areas (Map VI-3), for purposes of long-range planning.
The 2019 Parks Plan updated the inventory to include new parks and properties added to
the City's system. In addition to City -owned parks and open space, the Parks Plan also
lists school district, state, and county facilities, as well as private recreation facilities.
Map VI-4 depicts the location of major parks and open space within the Federal Way
planning area. Table VI-2 summarizes this inventory as of 2019.
Table VI-2
Summary of Existing City Park and Recreation Areas
Developed Park Land
Categories
Acres
19 Neighborhood Parks
108.05
15 Community Parks
489.70
2 Regional Parks
255.45
12.07 mi Trails Acreage
22.58
6 Community Facilities
12.85
Total Developed Acreage
888.63
Open Space Acreage
436.16
Total Park Acres
1324.79
When the City incorporated in 1990, there were approximately eight acres of parkland
available per 1,000 population in Federal Way. Since that time, the City has purchased
additional property and developed new facilities. These include the Lake Killarney Open
Space Park, Heritage Woods Neighborhood Park, Wedgewood Neighborhood Park, BPA
Revised 2023 VI-9
FWCP - Chapter Six, Capital Facilities
Exhibit A
Trail I, II, and 1II, Madrona Park, Cedar Grove Park, Laurelwood Neighborhood Park,
Brighton Park Open Space, Town Square Park, Klahanee Lake Community Senior
Center, Dumas Bay Centre, Celebration Park, Steel Lake Annex facilities, the
Community Center, and the Brooklake Community Center. In 2004, Washington State
Parks transferred West Hylebos Wetlands Park to the City. King County has also
transferred several properties to the City since incorporation. These parks and facilities
are described in greater detail in the Parks Plan.
In addition to acquiring and developing new facilities, the City has taken administrative
actions to take advantage of other available public recreational facilities. The City entered
into interlocal agreements with the School District to jointly operate and maintain school
recreational facilities. As a result, the City jointly operates and maintains a major
community park in conjunction with Saghalie Middle School. Also, the City has
agreements to provide recreational programs and schedule play fields at several
elementary schools, in addition to middle schools. These facilities are now formally
available nights and weekends, year around for use by local residents. As of 2019, the
City was providing 13.46 acres of park land per 1,000 population. For purposes of parks
planning, the recommended LOS standard in the City's Parks Plan and this Capital
Facilities chapter is 10.9 acres of City owned parkland per 1,000 population.
The City currently provides 1324.79 acres of parkland, which the City maintains and
operates. Of the total 1324.79 acres, 888.63 acres are developed for recreational use areas
and 436.16 acres are undeveloped.
Washington State Parks has a regional park facility partially within the City limits, which
residents often use. Dash Point State Park is 398 acres in size, 230 acres of which are
located within the City. Dash Point State Park provides a regional (statewide) recreation
use for camping, swimming, picnicking, walking trails, and beachfront. The state park
land is not included in the City's LOS because the state owns, operates, and maintains
this facility.
Forecast of Future Needs
The 2019 Parks Plan states that the inventory of public park and open space land will be
adequate to serve both the current and future projected population within the City and
PAA. However, much of this acreage is un-programmed, undeveloped open space. The
primary deficiency, both now and projected, is in improved trails.
The 2019 Parks Plan makes recommendations based on five Core Values identified
through an extensive planning process. Five of these relate to capital facilities and include:
Core Value #1: Improve Existing Facilities and Provide for Multiple Functions in Parks
Core Value #2: Create Community Gathering Places and Destinations
Core Value #3: Retain and Improve Open Spaces
Core Value #4: Develop a Walking and Biking Community
Core Value #5: Provide a Balance of Services for a Diverse Population
Capital facilities that respond to these Core Values have been incorporated into the Six -
Year CIP. The major efforts planned are shown in Table VI-3.
Revised 2023 VI-10
FWCP - Chapter Six, Capital Facilities
Exhibit A
Locations & Capacities of Future Facilities
Map VI-4 indicates the location of the parks, recreation facilities, and open space subareas
the City will need to maintain the adopted LOS. The Parks Plan breaks the planning area
into subareas and addresses future facilities at the subarea level. For more details about the
type, sizes, and cost of these new facilities, please refer to the 2019 Parks Plan. Map VI-4A
shows potential locations of public spaces in the City Center.
Finance Plan
Table VI-3 (Parks Capital Improvements Plan, 2019-2024) describes the proposed parks
projects that will be needed together with cost estimates programmed by year. Table VI-3
also identifies the revenues that will be available during the same time period to finance
these new facilities. Potential funding sources include the City's General Fund, the Parks
Capital Fund, the Real Estate Excise Tax (BEET), Grants, and Developer Mitigation
Fees. Please refer to Chapter 7, "Implementation," of the City of Federal Way Parks,
Recreation, and Open Space Plan for information on the finance plan.
The City biennially updates its Parks & Recreation Capital Improvement Plan. These
updates reflect new project priorities, eliminate projects that have been completed, and
add new projects to the program.
Significant community investments have been made since incorporation to implement the
community's vision for Federal Way. In addition to the investments in the surface water,
transportation, and parks areas, the City also acquired and improved a basic set of
community facilities to house City operations and provide space for community
gatherings and recreation.
The City acquired Dumas Bay Centre (a conference and retreat facility) in 1993. Strong
local support in community recreation and arts activities translated into the City
Council's adoption of a 2% For the Arts ordinance to provide funding for arts in public
places in 1994, and the construction of the 234-seat Knutzen Family Theatre in 1998.
City all which consolidates most City
administrative offices, Police, and the Municipal
Court in one facility, was acquired in 2003.
The City began construction of a new 72,000 square
foot Community Center in the fall of 2005.
Construction was completed in early 2007. The
facility houses Recreation and Cultural Services staff,
and includes athletic and community facilities
suitable for a wide variety of events and programs.
Source: City of Federal Way
Revised 2023 VI-11
FWCP - Chapter Six, Capital Facilities
Table VI-3
Parks Capital Improvements Plan
Estimated Funding Sources
Funding Sources
Real Estate Excise Tax
Misc. Transfers
Grants/Anticipated
Mitigation Funds Received
General Fund
Capital Project Fund
Bonds/Levies
Reserve Fund
Dumas Bay Centre Fund
Impact Fees
Table VI-3.1— Parks Infill List
Exhibit A::]
PIF
PIF-Eligible
Location
Type
Year
Cost
Eligibility
Cost
Formalize picnic
areas/install picnic
Adelaide
shelters (2)
2033
$167,000
18.05%
$30,147
Alderbrook
Playground
Park
Replacement
2023
$150,000
18.05%
$27,078
Alderdale
Playground
park
Replacement
2027
$150,000
18.05%
$27,078
Add a fitness trail and
BPA
equipment
2026
2030-2040
$143,000
18.05%
$25,814
BPA
Repair asphalt trail
0.00%
-
Install monument
BPA
sign
2028
$7,000
18.05%
$1,264
Install directional
BPA
signage/wayfinding
2030
$12,000
18.05%
$2,166
Demo Hall & Green
Brooklake
Storage Buildings
2023
$8,000
0.00%
Brooklake
Electrical upgrades
2023
$20,000
18.05%
$3,610
Facility/Feasibility
Assessment - Master
Brooklake
Plan
2023
$4,000
18.05%
$722
Cedar Grove
Playground
Park
Replacement
2031
$175,000
18.05%
$31,591
Convert To Artificial
Celebration Turf
2032
$11,500,000
18.05%
$2,075,971
Revised 2023 VI-12
FWCP - Chapter Six, Capital Facilities
Exhibit A
PIF
PIF-Eligible
Location
Type
Year
Cost
Eligibility
Cost
Celebration
Sand based turf
replacement
2026 $500,000
2035 $119,000
18.05%
$90,260
Celebration
Replace field fence
0.00%
-
Celebration
Playground
park
Replacement
2024 $450,000
18.05% $81,234
add ADA door control
City Hall
@ Court Entry
2023
$60,000
18.05% $10,831
Card control
City Hall
replacement/upgrade
2027
$125,000
18.05% $22,565
City Hall
Carpet replacement
2027
$250,000
0.00%
-
City Hall Water
City Hall
Heaters (5)
2028
$75,000
0.00%
-
City Hall
Court bench refurbish
2025
$8,500
0.00%
-
City Hall Elevator
2024
$185,000
0.00%
-
City Hall HVAC
2025
$400,000
0.00%
-
Reception Counters -
City Hall replace Formica
2026
$10,000
0.00%
-
City Hall
Roof replacement
2026
$500,000
0.00%
-
Security Fence
Around Entire P/E
City Hall
Parcel/Lot
2024
$75,000
18.05%
$13,539
Sidewalk ADA
City Hall
upgrades
2023-2027
$240,000
0.00%
-
Coronado
Playground
Park
Replacement
2028
$150,000
18.05%
$27,078
Fisher Pond
Prepare master plan
Install picnic shelter
2028
$12,000
18.05% $2,166
Fisher Pond
2030
$83,000
18.05%
$14,983
Decommission on -site
Fisher Pond well
2030
$12,000
0.00%
-
Develop/Install
French Lake_ Shelter
2028
$60,000
18.05%
$10,831
10.00%
Exercise Equipment
FWCC (full replace)
2026
$150,000
-
Locker
Rooms/Cabanas
FWCC Restoration
2023
$250,000 0.00%
Revised 2023 VI-13
FWCP - Chapter Six, Capital Facilities
Exhibit A
PIF
PIF-Eligible
Location
Type Year
Cost
Eligibility
Cost
Replace Pool Water
FWCC
Slide/Play Equipment 2023
$1,200,000
0.00%
-
FWCC
Re -plaster Lap Pool
2027
$400,000
0.00%
-
FWCC
Pool/slide repairs
2023 $298,000
0.00%
-
Replace pool and play
equipment
Outdoor areas
2023 $60,000
2033 $119,000
0.00%
-
FWCC
FWCC
18.05%
$21,482
Heritage
Playground
Woods park
Replacement
2029
$175,000
18.05%
$31,591
Lake Grove
Playground
Park
Replacement
2032
$200,000
18.05%
$36,104
Parking Lot
Lakota
Replacement
2023
$170,000
0.00%
-
Upgrade soccer field
Lakota
to artificial turf
2021
$1,489,000
18.05%
$268,793
Upgrade running
Lakota
track to rubber
2021
$238,000
18.05%
$42,964
_
Lakota
I
Upgrade field lighting
2032
$893,000
18.05%
$161,204
Upgrade restrooms
Lakota
and increase parking
2032
$953,000
18.05%
$172,035
i
Laurelwood
Prepare master plan
2025
$36,000
18.05%
$6,499
Perform master plan
i Laurelwood
improvements
Install 1/2 basketball
2027-2037 -
18.05%
-
Laurelwood
court
2030
$60,000
18.05%
$10,831
Madrona Playground
I
Park Replacement
2030
$175,000
18.05%
$31,591
Replace and improve
Mirror Lake 1 playground
2020
$143,000
18.05%
$25,814
Complete sign
Monument
implementation
Signs
2023-2033
$48,00.0
18.05%
$8,665
Olympic
_program
Formalize Joe's Creek
View
social trail
2035
-
18.05%
Improve
Olympic
neighborhood
View
entrances (6)
2035
$36,000
18.05%
$6,499
Olympic
Install 1/2 basketball
View
court
2030
$60,000
18.05%
$10,831
Revised 2023 VI-14
FWCP - Chapter Six, Capital Facilities
Exhibit A
PIF
PIF-Eligible
Location
Type
Year
Cost
Eligibility
Cost
Olympic
Playground
_
View Park
Replacement
2025
$125,000
18.05%
$22,565
Repair/replace
asphalt basketball
Palisades
court
2028
2030
$6,000
0.00%
-
$14,983
Palisades
Install picnic shelter
$83,000
18.05%
Palisades
Playground
Park
Replacement _
Artificial turf
2026
$200,000
18.05%
$36,104
Sacajawea
replacement - SAC
2026
$700,000
0.00%
-
Natural Turf
Replacement
Sacajawea
(ballfields)
2023
$300,000
0.00%
-
Renovate Ballfield
Sacajawea
Drainage
2024
$50,000
0.00%
-
Replace Rubber
Sacajawea
running track
2024
$340,000
0.00%
Tennis Court
Sacajawea
Replacement
2025
$200,000
0.00%
Wood Pole
Sacajawea
Replacement
2029
$150,000
0.00%
-
Replace water service
Sacajawea
line
2028
$18,000
0.00%
-
New restroom -
`$16,066
Sacajawea
sewer lift station
2035
$89,000
18.05%
Sacajawea
Install picnic shelter
2030
$83,000
18.05%
$14,983
Parking lot lighting
improvements (LED)
at Sacajawea Park,
Saghalie Park, Steel
Safety & Lake Park, and Steel
Security Lake Annex 2028
-
18.05%
-
install security
cameras in parking
lots at Sacajawea
Park, Saghalie Park,
Safety & Steel Lake Park, and
Security Steel Lake Annex_ 2028
-
18.05%
-
Artificial turf
replacement - Soccer
Saghalie Field 2032
$600,000
0.00%
-
Tennis Court
Saghalie I Renovation/Resurface 2025
$40,000
0.00%
-
Revised 2023
VI-15
FWCP - Chapter Six, Capital Facilities
PIF
Location Type Year Cost Eligibility
Replace Rubber
Saghalie running track 2023-2032 $505,000 18.05%
Install artificial turf on
Saghalie football field 2035 $1,429,000 18.05%
Renovate basketball
Saghalie courts 2026 $71,000 0.00%
Saghalie _ Overlay parking lot 2028 $48,000 0.00%
Develop a master
Steel Lake plan 2033 $149,000 18.05%
Install new shelters
Steel Lake (Sites 2-5) 2028-2033 1 $292,000 18.05%
Exhibit A
PIF-Eligible
Cost
$91,162
$257,962
$26,897
$52,712
Re -pipe annex and
beach house
Steel Lake
restrooms
2026
$238,000
0.00%
-
Artificial Turf
Steel Lake
Replacement - Karl
Annex
Grosch
2032
$700,000
0.00%
-
Steel Lake
Annex
Parking Lot Repairs
2024 $10,000
0.00%
-
Steel Lake
Park
Artificial turf - Site #5
2032 $1,300;000
18.05%
$234,675
Steel Lake
Park
Dock Replacement
2027 $1,250,000
0.00%
-
New Maintenance
Steel Lake
Shop (Parks Share,
Shop
33%)
2032 $11,666,667
18.05%
$2,106,058
Steel Lake
Shop - Backup power
Shop
generator
2025
$40,000
18.05%
$7,221
Shop - Electrical
Steel Lake
Shop
Service - new panel
2024
$7,500
18.05%
$1,354
Steel Lake
Shop I Shop Roof
2026
$75,000
18.05%
$13,539
Steel Lake
Storage House - New
Shop
Garage Doors
2024
$7,000
18.05%
$1,264
Steel Lake
Shop
Storage House Roof
2024
$20,000
18.05%
$3,610
Town
Square Install shade covers
2025
$89,000
18.05%
$16,066
Town
Square
Install 2nd shelter
2030
$83,000
18.05%
$14,983
Town
Square
Band shell
2028
-
18.05%
-
Revised 2023 VI-16
FWCP - Chapter Six, Capital Facilities
Exhibit A
PIF
PIF-Eligible
Location
Type
Year
Cost
Eligibility
Cost
Town
Square
Veteran memorial
2025
18.05%
-
Implementation of
Wayfinding
wayfinding signage
Signs
program
2030-2040
18.05%
-
Replace and improve
Wedgewood
playground
2019 $167,000
18.05%
$30,147
Renovate caretaker
West
Hylebos
access road
Make parking lots
2033
$12,000
0.00%
-
West
Hylebos
repairs
2025
$48,000
0.00%
-
West
Hylebos
Expand parking lot
2033 $149,000
18.05%
$26,897
West
Replace maintenance
Hylebos
garage
2030 $89,000
0.00%
-
Wildwood
Repair asphalt trail
2026
$12,000
0.00%
-
Wildwood
Upgrade park fixture
2035
$12,000
18.05%
$2,166
Total
$44,256,667
$6,325,243
Table VI-3.2 — Parks Expansion List
Downtown
Park
Expansion
South Light
Rail Station
Park
PIF
Year Cost Eligibility PIF-Eligible Cost
Community 2027- $
Park 2031 $ 5,500,000 ` 100% 5,500,.000
I
Community 2027-
Park 2031 11,000,000. 100% 11,000,000
Total $ 16,500,000 $ 16,500,000
Revised 2023 VI-17
Exhibit B
Potential Funding Sources
This section provides an overview of potential funding sources to fund projects identified
in this chapter. All funding sources discussed below will be considered when determining a
budget for a project. A combination of several sources is typically used to fund projects.
City General Fund
General Funds from the City are allocated to the Parks, Recreation, and Cultural Services
Department.
Capital Project Fund - Parks
The Capital Project Fund provides for the acquisition or construction of park facilities except
for those facilities financed by proprietary and trust funds. The major source of revenue for
this Fund is general obligation bond proceeds, grants from other agencies, local taxes and
contributions from other funds. All park costs associated with acquisitions, improvements,
issuance of bonds, and other costs shall be paid by this Fund. This funding source is tied to
the City's 2-year budget cycle.
Meal Estate Excise Tax (REET)
As a city planning under the Washington State Growth Management Act, Federal Way
receives REET funds which are generally used for capital projects as described under state
law. A REET is derived from a modest tax on the sales of real property within the City. As of
January 1, 2018, the City's REET rate was 0.5 percent.'
voter -approved Bonds/Levies
Voter -approved General obligation bonds can be used for acquisition or development and
are typically repaid through an annual property tax levy through the maturity period of the
bonds. General obligation bonds typically mature in 15 to 20 years.
Councilmanic Bonds
Bonds issued by the City Council. This type of bond does not require citizen vote but must
be paid out of the City's annual operating budget.
Developer Mitigation Fees
These are fees imposed by the City for park land acquisition and development. This is a
funding source derived from mitigation monies required through SEPA (State
Environmental Protection Act) environmental review of development projects located within
the City. For example, residential subdivisions are required to provide open space for 15 percent
of the gross land area of the subdivision. Many developers provide a fee to the City in -lieu of
constructing parks.
Grants
The City pursues a number of grant funding sources to augment funding available for
capital projects.
'Washington State Department of Revenue, https://dor.wa.gov/legacy/Docs/forms/ReaIEstExcsTx/
Real EstExTxRates.pdf
Federal Way Parks, Recreation and Open Space Plan _ �
Exhibit B
One of the primary sources of State grant funding is through the Recreation and
Conservation Office (RCO). RCO administers several grant programs for recreation and
habitat conservation purposes including:
Aquatic Lands Enhancement Account (ALEA)
• Boating Facilities Program (BFP)
• Boating Infrastructure Grant Program (BIG)
• Estuary and Salmon Restoration Program (ESRP)
• Farmland Preservation
• Forestland Preservation
• Firearms and Archery Range Recreation Program (FARR)
• Family Forest Fish Passage Program (FFFPP)
• Land and Water Conservation Fund (LWCF)
• Marine Shoreline Protection (MSP)
• No Child Left Inside (NCLI)
• Non -highway and Off -Road Vehicle Activities Program (NOVA)
• Puget Sound Acquisition and Restoration Fund (PSAR)
• Recreational Trails Program (RTP)
• Salmon Recovery
• Washington Wildlife and Recreation Program (WWRP)
• Youth Athletic Facilities (YAF)
Annexations/Transfers
The City's Potential Annexation Area (PAA) east of 1-5 has several park facilities that would
likely become part of the Federal Way park and open space system when this area is
annexed to the City.
rain ana i rails Keserve Fund
The purpose of the Path and Trails Reserve Fund is to accumulate unexpended proceeds of the
motor vehicle fuel tax receipts, which are legally restricted to the construction, and
maintenance of paths and trails within City street rights -of -way. This fund must transfer
such accumulated receipts back to a street construction/maintenance-oriented fund when
specific projects have been defined.
Ili i rn?c Raai rinntro Gi inA
Established as an Enterprise Fund, this fund specifically accounts for the revenues and
expenses related to the acquisition, capital improvements, maintenance and operations of the
Dumas Bay Centre and Knutzen Family Theatre. The intent of the fund is to recover, primarily
through user charges, the costs (expenses, depreciation) of providing services to the general
public on a continuing basis.
Impact Fees
Federal Way Parks, Recreation and Open Space Plan
Exhibit C
In 2023, the City adopted a Park Impact Fee. Consistent with state law, the Park Impact Fee
will be imposed for system improvements that are reasonably related to the new
development, will not exceed a proportionate share of the costs of system improvements
that are reasonably related to the new development, and will be used for system
improvements that will reasonably benefit the new development.
Park Acquisition,, Deveiop ent and Renovation
At times unexpected opportunities occur to purchase land or develop a project that has
not been identified in this plan or listed in the Capital Improvements Plan. In those
circumstances, the following criteria may be used to evaluate the property or project as an
aid in decision -making. Staff may assess the situation using these criteria, identify potential
funding sources, and present the findings to the Parks and Recreation Commission and the
City Council for consideration.
1. Responds to an important gap in the park system or an urgent need or opportunity such
as geographic location or unique circumstances not otherwise provided. Also may
conform to legal contractual mandate.
2. Documented need for the project is based on evidence of unsanitary conditions,
health and safety code violation, visible deterioration, and/or injuries.
3. Funding availability for the capital project as well as maintenance and operation is
available or potential for leveraging 50% of the project costs from other sources.
4. Deferring the project will have negative implications for future park and recreation use or
other capital projects within the City.
5. Implements the Parks and Recreation and Open Space Plan, the Federal Way
Comprehensive Plan, or other adopted plans.
In order for acquisition, development, or renovation to be considered, the majority of these
criteria need to be met.
Capital Improvement Plan
The Parks, Recreation, and Open Space Plan is a planning document that is integrally
tied to the City's Comprehensive Plan and the City's Capital Improvement Plan. The capital
improvement plan for parks (Table 7-2) will focus on the near and mid-term actions
identified in this chapter.
Funding for projects in the Capital Improvement Plan are considered along with the
preparation and approval of the City's biennial budget process. The biennium budget's first
year begins on odd years. The City Council identifies goals and objectives for the operating
and capital budgets in even years.
The Parks Commission will review staff updates of the Park Capital Improvement Plan
at a public meeting to receive comment and weigh priorities. After the public process,
Federal Way Parks, Recreation and Open Space Plan
Exhibit B
the Parks Capital Improvement Plan is forwarded to City Council for funding along with the proposed
biennium budget for the City.
E ,--�df`E c .C-',.c[Pecd1 tixt :t € vernent Plea — Inf[ll List
Location
Type
Year
Cost
PIF Eligibility
PIF-Eligible Cost
Formalize picnic
areas/install picnic
Adelaide
shelters (2)
2033
167,000
18.05%
$30,147
Alderbrook
Playground
Park
Replacement
2023 150,000
18.05%
$27,078
Playground
i
Alderdale park
Re lacement
2027 150,000
18.05%
$27,078
Add a fitness trail and
BPA
equipment
2026 143,000
18.05%
$25,814
2030-
BPA
Repair asphalt trail
2040
-
0.00%
-
Install monument
BPA
sin
2028
7,000
18.05%
$1,264
Install directional
BPA
signage/wayfindinq
2030
12,000
18.05%
$2,166
Demo Hall & Green
$
Brooklake
Storage Buildings
2023
8,000
0.00%
-
Brooklake
Electrical upgrades
2023
20,000
18.05%
$3,610
Facility/Feasibility
Assessment - Master
Brooklake
Plan 2023
4,000
18.05%
$722
Cedar Grove
Playground
Park
Replacement 2031 175,000
Convert To Artificial
18.05%
$31,591
Celebration
Turf 2032 11,500,000
18.05%
$2,075,971
Sand based turf
Celebration
replacement
Replace field fence
2026
500,000
18.05%
$90,260
Celebration
2035
119,000
0.00%
-
Celebration
Playground
park
Replacement
2024
450,000
18.05%
$81,234
Federal Way Parks, Recreation and Open Space Plan
Exhibit B
Location
Type
Year
Cost
PIF Eligibility
PIF-Eligible Cost
$10,831
City Hall
add ADA door
control @ Court Entry
2023
60,000
18.05%
City Hall
Card control
replacement/up rade
2027
125,000
18.05%
$22,565
City Hall
Carpet replacement
2027
250,000
0.00%
-
City Hall
City Hall Water
Heaters (5)
2028
75,000
0.00%
-
City Hall
Court bench refurbish
2025
8,500
0.00%
-
City Hall
Elevator
2024
185,000
0.00%
-
City Hall
HVAC
2025
400,000
0.00%
-
City Hall
Reception Counters -
re lace Formica
2026
10,000
0.00%
-
City Hall
Roof replacement
2026
500,000
0.00%
-
City Hall
City Hall
Security Fence
Around Entire P/E
Parcel/Lot
Sidewalk ADA
upgrades
2024
75,000
18.05%
$13,539
2023-
2027
240,000
0.00%
-
Coronado Park
Playground
Replacement
2028
150,000
18.05%
$27,078
Fisher Pond
Prepare master plan
2028
12,000
18.05%
$2,166
Fisher Pond
Install picnic shelter
2030
83,000
18.05%
$14,983
Fisher Pond
Decommission on -
site well
2030
12,000
0.00%
-
French Lake
Develop/Install
Shelter
2028
60,000
18.05%
$10,831
Federal Way Parks, Recreation and Open Space Plan
Exhibit B
Location
Type
Year
Cost
PIF Eligibility
PIF-Eligible Cost
Exercise Equipment
FWCC (full replace)
2026
150,000
0.00%
-
Locker
Rooms/Cabanas
FWCC
Restoration
2023
250,000
0.00%
-
Replace Pool Water
FWCC
Slide/Play Equipment
2023
1,200,000
0.00%
-
FWCC
Re -plaster Lap Pool
Pool/slide repairs
2027
400,000
0.00%
-
FWCC
2023
298,000
0.00%
-
Replace pool and
FWCC
play equipment
2023
60,000
0.00%
-
FWCC
Outdoor areas
2033
119,000
18.05%
$21,482
Heritage
Playground
Woods park
Replacement
2029
175,000
18.05%
$31,591
Lake Grove
Playground
Park
Replacement
2032
200,000
18.05%
$36,104
Parking Lot
Lakota
Replacement
2023
170,000
0.00%
-
Upgrade soccer field
Lakota
to artificial turf
2021
1,489,000
18.05%
$268,793
Upgrade running
Lakota track to rubber
2021
238,000
18.05%
$42,964
Upgrade field
Lakota liqhting
2032
893,000
18.05%
$161,204
Upgrade restrooms
Lakota
and increase parking
2032
953,000
18.05%
$172,035
Laurelwood
Prepare master plan
2025
36,000
18.05%
$6,499
2027-
Perform master plan
Laurelwood
improvements
2037
-
18.05%
-
Install 1/2 basketball
Laurelwood
court
2030
60,000
18.05%
$10,831
Federal Way Parks, Recreation and Open Space Plan
Exhibit B
Location
Type
Year
Cost
PIF Eligibility
PIF-Eligible Cost
Playground
Madrona Park
Replacement
2030
175,000
18.05%
$31,591
Replace and improve
Mirror Lake
playground 2020
143,000
18.05%
$25,814
Complete sign
Monument
implementation 2023-
Siqns
program 2033
48,000
18.05%
$8,665
Formalize Joe's Creek I
Olympic View
social trail 2035
-
18.05%
-
I m prove
neighborhood
Olympic View
entrances (6)
2035
36,000
18.05%
$6,499
Install 1/2 basketball
Olympic View court
2030
60,000
18.05%
$10,831
Olympic View Playground
Park Replacement
2025
125,000
18.05%
$22,565
f Repair/replace
asphalt basketball
Palisades court
2028
6,000
0.00%
--
Palisades
Install picnic shelter
2030
83,000
18.05%
$14,983
Playground
Palisades Park
Replacement
2026 200,000
18.05%
$36,104
Artificial turf
Saca'awea
replacement - SAC
2026 700,000
0.00%
-
Natural Turf
Replacement
Saca'awea
(ballfields)
2023 300,000
0.00%
-
- Saca'awea
I
Renovate Ballfield
Drainage
Z024 50,000
0.00%
-
Replace Rubber
Saca'awea
running track
Tennis Court
2024 340,000
0.00%
-
Saca'awea
Replace ent
2025
200,000
0.00%
-
Wood Pole
Saca'awea
Replacement
2029
150,000
0.00%
-
Federal Way Parks, Recreation and Open Space Plan
Exhibit B
Location Type
Year
Cost
PIF Eligibility
PIF-Eligible Cost
Replace water service
Sacajawea line
2028
18,000
0.00%
-
New restroom -
Saca'awea
sewer lift station
2035
89,000
18.05%
$16,066
Sacajawea
Install picnic shelter
2030
83,000
18.05%
$14,983
Parking lot lighting
improvements (LED)
at Sacajawea Park,
Saghalie Park, Steel
Safety &
Lake Park, and Steel
Security
Lake Annex
Install security
2028
-
18.05%
-
cameras in parking
lots at Sacajawea
Park, Saghalie Park,
Safety &
Steel Lake Park, and
Security
Steel Lake Annex
2028
-
18.05%
-
Artificial turf
replacement - Soccer
Saghalie
Field
2032
600,000
0.00%
Tennis Court
Saghalie
Renovation/Resurface
2025
40,000
0.00%
-
Replace Rubber
2023-
Saghalie
running track
2032
505,000
18.05%
$91,162
Install artificial turf on
Saghalie
football field
2035
1,429,000
18.05%
$257,962
Renovate basketball
Saghalie
courts
Overlay parking lot
2026
71,000
0.00%
-
Saghalie
2028
48,000
0.00%
-
Develop a master
Steel Lake
plan
2033
149,000
18.05%
$26,897
Install new shelters
2028-
Steel Lake
(Sites 2-5)
2033
292,000
18.05%
$52,712
Re -pipe annex and
Steel Lake
beach house
2026
238,000
0.00%
-
Federal Way Parks, Recreation and Open Space Plan
Exhibit B
Location
Type
Year
Cost
PIF Eligibility
PIF-Eligible Cost
restrooms
Steel Lake
Annex
Artificial Turf
Replacement -'Karl
Grosch
Parking Lot Repairs
2032
700,000
0.00%
-
Steel Lake
Annex
Steel Lake Park
2024
2032
10,000
1,300,000
0.00%
-
Artificial turf - Site #5
18.05%
$234,675
Steel Lake Park Dock Replacement 2027
New Maintenance
Shop- (Parks Share,
Steel Lake Shop 33%) 2032
Shop - Backup power
Steel Lake Shop generator 2025
1,250,000
0.00%
-
11,666,667
18.05%
$2,106,058
$7,221
40,000
18.05%
Steel Lake Shop
Shop - Electrical
Service - new panel
2024
7,500
18.05%
$1,354
Steel Lake Shop
Shop Roof
2026
75,000
18.05%
$13,539
Steel Lake Shop
Storage House - New
Garage Doors
2024
7,000
18.05%
$1,264
Steel Lake Shop
Storage House Roof
2024
20,000
18.05%
$3,610
Town Square
Install shade covers
2025
89,000
18.05%
$16,066
Town Square
Install 2nd shelter
2030
83,000
18.05%
$14,983
Town Square Band shell
2028
-
18.05%
-
Town Square
Veteran memorial
2025
-
18.05%
Wayfinding
Si ns
Implementation of
wayfinding signage
proqrarn
2030-
2040
- 18.05%
-
Wed ewood
Replace and improve
2019
18.05%
Federal Way Parks, Recreation and Open Space Plan
Exhibit B
Location
Type
Year
Cost
PIF Eligibility
PIF-Eligible Cost
playground
i
Renovate caretaker
West H lebos access road
Make parking lots
West H lebos i repairs
167,000
12,000
$30,147
2033
0.00%
-
2025
48,000
0.00%
-
West H lebos
Expand parking lot
2033
149,000
18.05%
$26,897
West H lebos
Replace maintenance
ara a 2030
Re air asphalt trail 2026
89,000
0.00%
-
Wildwood
12,000
0.00%
Wildwood
Upgrade park fixture
2035
12,000
18.05%
$2,166
Total
$44,256,667
$6,325,243
Location
Type
Year
Downtown Park
Expansion
Community Park
2027-
2031
South Light Rail
Station Park
Community Park
2027-
2031
I
Total
Expansion List
PIF
Cost Eli@
5,500,000 100%
11,000,000 100%
16,500,000
ity I PIF-Eligible Cost
$ 5,500,000
11,000,000
$ 16,500,000
Note 1: These figures are preliminary estimates for planning purposes only, and should not
be used for budgeting. Figures will be evaluated and updated during each budget cycle.
Federal Way Parks, Recreation and Open Space Plan
10b
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.
MAYORAPPROVAL: 11/77 `Y12s ?-3 �)/�� 41��r�1RECTORAPt'RUVAL,. 5S�a3
Committee �-CnvnT rr S InNi
Initial/Date Initial/Date A erIA14
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on May 16, 2023.
Chair
COUNCIL MOTION(S):
Yell V1 a,- � Cco1 n
ber Committee Member
FIRST READING OF ORDINANCE MAY 16, 2023: "1 move to forward the proposed ordinance to the June 6,
2023, Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE 14ne, 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: 5/10/2023
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: John Hutton, Parks Director & Jason H. Gerwen, Deputy Parks Director
SUBJECT: IPark Impact Fees
Background Information:
There are two adjustments to the previous draft ordinance regarding the implementation and
adoption of Park Impact Fees pursuant to Title 19 FWRC.
1. Parks Impact Fees associated with commercial developments, they will be
implemented at $0 until 2030 at which time the fee can be reevaluated.
2. Park Impact Fees will be calculated at time of application for a two-year period.
An updated final report dated May 10, 2023, is attached which describes in detail the
proposed PIF policy methodology and technical analysis.
Rev. 7/18
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.
Backp_round 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.
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
WHEREAS, RCW 82.02.090(7) specifically authorizes cities to assess impact fees for
Ordinance No. 23- Page I of 38
Rev 1/22
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
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
Ordinance No. 23- Page 2 of 38
Rev 1/22
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.
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
Ordinance No. 23- Page 3 of 38
Rev 1/22
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.
FWRC.
(e) This code amendment has followed the proper procedures required under the
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:
(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.
Ordinance No. 23- Page 4 of 38
Rev 1/22
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
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
Ordinance No. 23- Page S of 38
Rev 1/22
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 Park Impact Fees
19.92.010 Title.
This chapter shall be hereinafter known as the city of Federal Way Park Impact Fee PIF).
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 city council of the city of Federal Way hereby finds and determines that development
activities, including but not limited to new residential, commercial, retail, office, and industrial
development, in the city of Federal Way will create additional demand and need for public facilities
in the city, and the council finds that such new growth and development should pay 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 prepared the "Park Impact Fee
Study", City of Federal Way" dated May, 2023 ("PIF study"), and incorporates that PIF stud. into
Ordinance No. 23- Page 6 of 38
Rev 1/22
this title by this reference. The PIF study utilizes a methodology for calculating impact fees that
fulfills all of the requirements of RCW 82.02.060(1) A copy of the PIF study shall be kept on file
with the city clerk and is available to the public for review. Therefore, pursuant to Chapter 82.02
RCW, the council adopts this chapter to assess impact fees for publicly owned parks, open space,
and recreation facilities. The provisions of this chapter shall be liberally construed in order to carrX
out the purposes of the council in establishing _ the he impact fee program. _
19.92.040 Definitions.
The following words and terms shall have the following meanings for the purposes of this chapter,
unless the context clearlv reauires otherwise. Terms otherwise not defined herein shall be defined
pursuant to RCW 82.02.090, or given their usual and customary meaning_.
"Applicant" means a person who applies for a buildings permit under Chapter 19.20 FWRC and
who is the owner of the subject property 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 city's comprehensive plan
adopted pursuant to Chapter 36.70A RCW and such plan as amended.
"Council" means the city council of the city of Federal WU.
"Development activity " means any work, condition, or activity which requires a permit or approval
under the city's subdivision, zoning, or building code. Exempt permits are set forth in FWRC
19.92.080.
"Development approval" means any written authorization from the city of Federal Way which
authorizes the commencement of a development activity or use.
Ordinance No. 23- Page 7 of 38
Rev 1/22
"Encumber" means to reserve, set aside, or otherwise earmark the park impact fees in order to paX
for commitments, contractual obligations, or other liabilities incurred for system improvements.
"Feepayer" means a person, corporation, partnership, an incorporated association, or any other
similar entity, or department or bureau of any governmental entity or municipal corporation
commencing a development activity which creates the demand for additional system
improvements and which requires the issuance of a building permit or a permit for a change of
use. Feepayer includes an applicant for a park impact fee credit.
"Impact fee schedule" means the table of impact fees to be charged per unit of development,
computed by the formula adopted under this chapter, 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 feepayer 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
impact fee schedule accurately describe or capture the impacts of the development activity on
public facilities.
"Owner" means the owner of record of real property, although when real property 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 study" means the "Park Impact Fee Study, City of Federal Way," dated May, 2023, and
attached to the ordinance codified in this chanter. and as hereafter amended.
"Permit for change of use " or "change of use permit" means an official document which is issued
by the city which authorizes a change of use of an existing building or structure or land.
Ordinance No. 23- Page 8 of 38
Rev 1/22
"Pro'et ct improvements" means site improvements and facilities that are planned and designed to
provide service for a particular development project, are necessary for the use and convenience of
the occupants or users of the project, and are not system improvements. No improvement or facility
included in a capital facilities plan adopted by the council shall be considered a project
improvement.
"Public facilities", for purposes of this chapter, means the following capital facilities owned or
operated by the city of Federal Way or other governmental entities: parks, open space, trails, or
recreational facilities.
"System improvements ", for purposes of this chapter, means public park facilities that are included
in the city of Federal Way's capital facilities plan, and such plan as amended, and are desi_ng ed to
provide service to the community at large, in contrast to project improvements.
"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 development
activily pursuant to this chapter as a condition of granting development approval. Park impact fee
does not include a reasonable permit fee, an application fee, the administrative fee for collecting
and handling impact fees, or the cost of reviewing independent fee calculations.
"Park impact fee account(s) " means the separate accounting structure(s) within the cites
established accounts, which structure(s) shall identify separately earmarked funds and which shall
be established for the park impact fees that are collected. The account(s) shall comply with the
requirements of RCW 82.02.070.
19.92.050 Park impact fee methodology.
(1) The impact fee calculation is based on the PIF study attached to the ordinance codified in this
chapter and by this reference full.. i�rporated herein. The actual park impact fee imposed shall
Ordinance No. 23- Page 9 of 38
Rev 1/22
be as set forth in the park impact fee section of the current impact fee schedule as adopted by
council.
(2) Each development shall mitigate its impacts on the city's parks facilities by payment of a fee
that is based on the type of land use of the development and proportionate to the cost of the parks
facility improvements necessary to serve the needs of growth. For residential development, the fee
amount is based on number and type 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 seekingdvelopment approvals from
the ci1y. fly development activity in the city for which a building permit or change of use permit
is required, consistent with the provisions of this chapter.
(2) When a park impact fee applies to a change of use permit, the park impact fee shall be assessed
for the land use category of the new use under the PIF study, less any park impact fee that would
have been assessed for the prior use under the PIF study. For purposes of this provision, a change
of use should be reviewed based on the land use category provided in the PIF study that best
captures the broader use of the property under development.
(3) For commercial developments, the actual impact fee assessed in the impact fee schedule maX
not exceed $0 through December 31, 2029.
(4) For mixed use developments, park impact fees shall be assessed for the proportionate share of
each land use, based on the applicable measurement in the PIF study.
(5) Park impact fees shall be determined at the time of the earliest complete application for a
development approval required for the development activity using _ the he impact fee schedule then in
effect and shall be collected when each building_ permit or change of use permit triggering
Ordinance No. 23- Page 10 of 38
Rev 1/22
assessment of park impact fees is issued. Notwithstanding the fore _ og_ing, for all building permits
or change of use permits that trigger assessment of park impact fees and are associated with the
development activity, but are not issued within two years of the earliest complete application for
a development approval applicable to the development activity, the total amount of the impact fees
for such permits shall instead be calculated and collected at the time each permit is issued, using
the impact fee schedule then in effect. Park impact fees shall be paid before the buildings permit or
change of use permit is issued by the city.
(6) No less than 60 days prior to the end of the two -.ear period in FWRC 19.92.060(5), an
applicant may submit a written request with supporting documentation to the Department of
Community Development requesting an extension of the two -.period for up to one additional
year. The Community Development Director maygpprove such a request only if it meets the
following criteria:
(a) The applicant has made substantial progress toward building permit or change of use
permit issuance since the complete application for the development approval;
(b) There are circumstances beyond the applicant's control which prevented issuance of
the building permit or change of use permit; and
c) The extension will not create or continue conditions that constitute a code violation or
an attractive nuisance, contribute to erosion and sedimentation problems, or impact the
public health, safety, and welfare.
Determinations of the Community Development Director under this section shall be subject to the
appeals procedures set forth in FWRC 19.92.150(4).
19.92.070 Independent fee calculations.
(1) If, in the judgment of the Parks Director, none of the fee categories or fee amounts set forth in
Ordinance No. 23- Page 11 of 38
Rev 1/22
the impact fee schedule accurately describes or captures the impacts of a new development on
parks, the Parks Department may conduct independent fee calculations and the Parks Director may
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 feepayer. Pursuant to RCW
82.02.060. where unusual circumstances are identified by the Parks Director. the standard fee
be adjusted in specific cases to ensure that impact fees are imposed fairly.
(2) There is a rebuttable presumption that the calculations set forth in the PIF study are valid. In
calculating the fee imposed on a particular development, the city. shall consideration of
studies and data submitted by a feepayer in order to adjust the amount of the fee. The feepayer
shall submit an independent fee calculation study to the Parks Director, who shall review the study
to determine that the study:
(a) Is based on accepted impact fee assessment practices and methodologies;
(b) Uses acceptable data sources and the data used is comparable with the uses and
intensities planned for the proposed development activity;.
(c) Complies with the applicable state laws governing impact fees;
(d) Is prepared and documented by professionals who are mutually agreeable to the city
and the feepayer 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 feepayer to submit additional or
different documentation. If an acceptable study is presented, the Parks Director may adjust the fee
for the particular development activity. The Parks Director shall consider the documentation
submitted by the applicant, but is not required to accept such documentation that the Parks Director
reasonably deems to be inaccurate or unreliable.
Ordinance No. 23- Page 12 of 38
Rev 1/22
(4) A feepayerquesting an adjustment or independent fee calculation may pay the impact fees
imposed by this chapter in order to obtain a building, permit while the city determines whether to
partially reimburse the feepayer by making an adjustment or by accepting the independent fee
calculation.
(5) Any feepayer submitting an independent fee calculation will be required to pay a fee to cover
the cost of reviewing the independent fee calculation. The fee required by the city for conducting
the review of the independent fee calculation shall be set by council resolution, and shall be paid
by the feepayer 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
park and open space plan, park project list, and related documents, as appended to the cites
comprehensive plan. All development activity located within the city shall be charged _ park
impact fee; provided, that the followingeptions apply.
(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 existing structure within the city from one site to another.
(e) A development permit for a change of use that has less impact than the existing use.
Ordinance No. 23- Page 13 of 38
Rev 1/22
(f) Building permits that do not result in an increased impact on parks.
(g) 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 activity falls within an exemption identified in this section. Determinations of the
Community Development Director shall be subject to the appeals procedures set forth in FWRC
19.92.150(4).
19.92.090 Credits.
(1) A feepayer can request that a credit or credits for parks and recreation impact fees be awarded
to them for parks and recreation improvement projects provided by the feepayer in excess of the
standard requirements for the feepayer's development if the land, improvements, and/or the facility
constructed are identified as parks and recreation system improvements that provide capacity to
serve new growth in the capital facilities plan, or the Parks Director, at their discretion, makes the
finding that such land, improvements, and/or facilities would serve the parks and recreation goals
and objectives of the capital 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 improvements will be determined through documentation submitted by the feepa
(3) The feepayer shall pay the cost of the appraisal and shall deposit on account the estimated cost
of the appraisal as determined by the city at the time the feepa. e�quests consideration for a
credit.
(4) After receiving_ t�ppraisal, the Parks Director shall provide the applicant with a letter or
Ordinance No. 23- Page 14 of 38
Rev 1/22
certificate setting forth the dollar amount of the credit, the reason for the credit, where applicable,
the legal description of the site donated, and the legal description or other adequate description of
the project or development to which the credit may be applied. The applicant must sign and date a
duplicate copy of such letter or certificate indicatingtheir to the terms of the letter or
certificate and return such sipped document to the Parks Director before the impact fee credit will
be awarded. The failure of the applicant to sign, date, and return such document within 60 das
shall nullify the credit.
(5) Any claim for credit must be made no later than the time of application for a building, permit.
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(4).
(7) Pursuant to and consistent with the requirements of RCW 82.02.060, the fee rate in the impact
fee schedule has been reasonablv adiusted 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.
(1) 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 chapter. 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 accounts and expended for the purposes for which the park impact fees were
collected.
(3) On an annual basis, the Finance Director shall provide a report to the council on the park impact
Ordinance No. 23- Page 15 of 38
Rev 1/22
fee account showing the source and amount of all moneys collected, earned, or received, and the
parks and recreation system improvements that were financed in whole or in part by impact fees.
(4) Impact fees shall be expended or encumbered within 10 years of receipt, unless the council
identifies in written findings an extraordinary and compelling reason or reasons for the delay.
19.92.110 Administrative guidelines.
The Parks and Community Development Directors are hereby authorized to adopt internal
guidelines for the administration of park impact fees, which include the adoption of procedural
rules.
19.92.120 Refunds.
(1) If the city fails to expend or encumber the park impact fees within 10 years of the date the fees
were paid, unless extraordinary or compelling reasons are established pursuant to FWRC
19.92.130, the current owner of the property on which park impact fees have been paid may receive
a refund of such fees. In determining whether park impact fees have been expended or encumbered,
park 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 property 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) Any park impact fees for which no application for a refund has been made within this one-year
shall be retained by the city and expended on the system improvements for which they were
collected.
Ordinance No. 23- Page 16 of 38
Rev 1/22
(5) Refunds of park impact fees or offsets against subsequent park impact fees under this section
shall include any interest earned on the park impact fees by the city.
(6) When the city seeks to terminate any or all components of the park impact fee program, all
unexpended or unencumbered funds from any terminated component or components, including
interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee
requirements are to be terminated, the city shall place notice of such termination and the
availability of refunds in a newspaper of general circulation at least two times and shall notify all
potential claimants by first class mail at the last known address of the claimant. All funds available
for refund shall be retained for a period of one year. At the end of one . easy remaining funds
shall be retained by the city, but must be expended for the public facilities for which the park
impact fees were collected. This notice requirement shall not apply if there are no unexpended or
unencumbered balances within the account or accounts being terminated.
(7) The city shall also refund to the current owner of property for which park impact fees have
been paid, 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 application for a refund, the Parks Director may decline to provide the refund. If, within a
period of three years, the same or subsequent owner of the property proceeds with the same or
substantially similar development activity, the owner can petition the Parks Director for an offset
in the amount of the fee originally _ paid and not refunded. The petitioner must provide receipts of
park impact fees previously paid for a development activity of the same or substantially similar
nature on the same real property or some portion thereof. Determinations of the Parks Director
shall be in writing and shall be subject to the appeals procedures set forth in FWRC 19.92.150(4).
Ordinance No. 23- Page 17 of 38
Rev 1/22
19.92.130 Use of park impact fees.
(1) Pursuant to this chapter, park impact fees shall be used for parks and recreation facilities that
will reasonably benefit growth and development, and only for park facilities addressed b. the
capital facilities element of the comprehensive plan.
(2) Park impact fees shall not be used to make up deficiencies in city 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,
en_ing eering and architectural services, permitting, financing, administrative expenses, planning,
mitigation costs, capital equipment pertaining to parks facilities, and any other expenses which can
be capitalized.
(5) Park impact fees may also be used to recoup public improvement costs incurred by the city to
the extent that growth and development will be served by the previously constructed improvement-
(6) In the event bonds or similar debt instruments are or have been issued for parks facility
improvements, park impact fees may be used to pay the principal and interest on such bonds.
19.92.140 Administrative fees.
(1) For each park impact fee imposed, 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 impact fee account(s). Administrative fees shall be used
to defray the city's actual costs associated with the assessment and collection and update of the
fees. An administrative fee is not refundable or creditable.
(2) The administrative fee shall be paid by the feepayer at the same time as the park impact fee.
19.92.150 Appeals.
Ordinance No. 23- Page 18 of 38
Rev 1/22
(1) The applicant may pay the park impact fees under protest pending appeal to avoid delays
the issuance of building permits or change of use permits. No appeal shall be permitted until the
impact fees at issue have been paid.
(2) Requests for review regarding _ _ the impact fees imposed on any development activity may be
filed only the applicant for the development activity at issue.
(3) The applicant must first file a request for review regarding _ impact fees with the Parks Director,
as provided herein:
(a) The request shall be in writing on the form provided by the cites
The reauest for review by the Parks Director shall be filed within 14 calendar days after
the applicant's payment 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
The Parks Director shall issue his/her determination in writi
(4) Determinations of the Parks or Community Development Director with respect to the
applicability of the impact fees to a given development activity, the availability or value of a credit,
the independent fee calculation which is authorized in FWRC 19.92.070, the extension of the two-
year period in FWRC 19.92.060(5), or any other determination which the Parks or Community
Development Director is authorized to make pursuant to this chapter, may be gppealed 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 underlyingdevelopment permit, substituting the Parks Director
for the Community Development Director as necessary. The appeal, in the form of a letter of
appeal, must be delivered to the appropriate department within 14 calendar days after issuance of
the decision under appeal. In those cases where the proposed development activity may require a
Ordinance No. 23- Page 19 of 38
Rev 1/22
public hearing under the authority of other chapters of this code, the hearings may be combined.
For example, if the underlying development permit application is a preliminaU plat, the appeal
shall be heard at the preliminary_ plat public hearing_.
19.92.160 Existing authority unimpaired.
Nothing in this chapter shall preclude the city from requiring the feepayer or the proponent of a
development activity to mitigate adverse environmental impacts of a specific development
pursuant to the State Environmental Policy Act, Chapter 43.21 C RCW, based on the environmental
documents accompanying the underlying development approval process, and/or Chapter 58.17
RCW, governing plats and subdivisions; provided, that the exercise of this authority is consistent
with Chapters 43.21C 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.
Ordinance No. 23- Page 20 of 38
Rev 1/22
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.
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 21 of 38
Rev 1/22
EXHIBIT A
City of Federal Way
This entire report is made of readily
recyclable materials, including the bronze
wire binding and the front and back cover,
which are made from post -consumer
recycled plastic bottles.
�__ to ____)
Park Impact Fee Study
Y
Final Report
May 10, 2023
Washington
7525166th Avenue NE, Ste. D215
Redmond, WA 98052
425.867.1802
Oregon
5335 Meadows Road, Ste 330
Lake Oswego, OR 97035
503.841.6543
Colorado
PO Box 19114
Boulder, CO 80301-9998
719.284.9168
www.fcsgroup.com
❖> FCS GROUP
•
Solutions -Oriented Consulting
Or
City of Federal Way Park Impact Fee Study
May 2023 page ii
TABLE OF CONTENTS
Tableof Contents........................................................................................................................................... ii
SectionI. Introduction.................................................................................................................................1
I.A. Policy........................................................................................................................................1
I.B. Calculation Overview....................................................................................................................2
SectionII.
PIF Analysis................................................................................................................................ 3
II.A.
Growth......................................................................................................................................3
II.B.
Future Facilities Fee.....................................................................................................................6
H.C.
Existing Facilities Fee...................................................................................................................9
II.D.
Calculated PIF..........................................................................................................................
10
SectionIII. Implementation.......................................................................................................................... 12
II I.A. Indexing...................................................................................................................................12
111.13. Funding Plan............................................................................................................................12
III.C. Comparisons............................................................................................................................12
Appendix A: Infill Project List......................................................................................................................... 14
>FCS GROUP
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
City provides parks and recreation services for all residents in its boundaries, and the City's park
planning efforts extend throughout the same boundaries. Given the City-wide planning and
provision of parks services, as well as the City's relatively limited geographic scope, the City
park system is a single service area for the purposes of the PIF study. 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.
POLICY
Park impact fees are enabled by state statutes, authorized by local ordinance, and constrained by
the United States Constitution.
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.
Local Ordinance
The City of Federal Way is implementing code updates to support the PIF calculated in this
report.
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.
•:;> FCS GROUP
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.
Eligiblecoat of
capacity
in existing
facilities
•
Growth in system
capacity i
Eligible cost of
planned capacity
increasing
facilities
•
•
Growth in system
capacity
• 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 GROUP
PIF Analysis
This section provides the detailed calculations of the maximum allowable PIF in the City of
Federal Way.
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.
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.
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.
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).
•:;> FCS GROUP
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 employment data were available), 96,526 residents lived in Federal Way, according to the
Census Bureau's American Community Survey. Also, according to the Census Bureau, 28,063
employees worked in Federal Way for their primary occupation. Of these, 4,320 people both
lived and worked in Federal Way.
Exhibit 2.1— 2019 Population and Employment in Federal Way
Working Inside Federal Way 4,320 23,743 28,063
Working Outside Federal Way 37,152
Not Working 55,054
Total 96,526
Source: U.S. Census Bureau, OnTheMap Application, 2019
Inflow/Outflow analysis (employment); U.S. Census Bureau, 2019
American Community Survey 5-year estimates, Table B01003 (population)
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
>FCS GROUP
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 another way, the parks demand of about 18.96 employees is equivalent to the parks demand of
one resident.
Exhibit 2.3 — Total Hours per Week of Park Availability
Source: Previous tables
Growth in Demand
The current (2023) demand for parks facilities is 103,385 residential equivalents. That number is
the sum of 101,534 residents and 1,851 residential equivalents for 35,092 employees according
to the Puget Sound Research Council (PSRC). Note that these 2019 population and employment
estimates differ from the Census Bureau estimates. This is acceptable because the 2019 Census
Bureau data is used only to determine the residential equivalency factor.
During the forecast period from 2023 to 2044, the residential population is expected to grow by
21,808 residents. If total residential equivalents remain proportionate to the residential
> FCS GROUP
population, then residential equivalents will grow by 22,774 to a total of 126,159 residential
equivalents. Therefore, 22,774 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
Source: Puget Sound Research Council (population and employee estimates); Previous tables (resindetial-
equivalent employee factor)
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).
Eligibility
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.
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 4.80
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,
•:;>FCS GROUP
63.67 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
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 4.30 acres of community parks per 1,000 residents in 2044. If that level of
service was applied to the 2023 population, a minimum of 436.82 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.
•:;>FCS GROUP
Exhibit 2.6 - EliLibility under the Future Level of Service
1.-
WF
000
000Reimbursable
..
QuantityQuantityQuantity
By Category:
Community Park
Acres
486.94
4.80
7.00
4.30
436.82
100.00%
50.12
Neighborhood Park
Acres
108.05
1.06
0.00
0.94
95.56
0.00%
12.49
Open Space
Acres
436.16
4.30
0.00
3.80
385.72
0.00%
50.44
Special Use Facilities
Number
6.00
0.06
0.00
0.05
5.31
0.00•�
0.69
Trail
Miles
12.07
0.12
0.00
0.11
10.67
0.00%
1.40
By Unit of Measurement:
Park or Natural Area
Acres
1031.15
10.16
7.00
9.04
918.10
100.00%
113.05
Special Use Facility
Number
6.00
0.06
0.00
0.05
5.31
0.00%
0.69
Trail
Miles
12.07
0.12
0.00
0.11
10.67
0.009/o
1.40
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.
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.
Exhibit 2.7 - Expansion Projects
Source: City staff
Infill List
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 18.05 percent if the project adds new amenities. That 18.05
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 $6.3
million.
•:;> F C S GROUP
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 18.05 percent. As
all methods of determining level -of -service result in the same eligibility percentages, the future
facilities cost basis is $22.8 million under all scenarios.
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 ILA 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.
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 $2.3 million when measuring by category and approximately $3.4 million when
measuring by unit of measurement. However, an adjustment must be made for growth's share of
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 $2.4 million, and so the total
eligible amount is either $0 or $1.0 million depending on the method used for determining level
of service.
Exhibit 2.10 — Existing Facilities Fee Cost Basis
By Category:
Community Park
Acres
$
24,293
50.12 $
1,217,495
Neighborhood Park
Acres
15,345
12.49
191,732
Open Space
Acres
1,294
50.44
65,262
Special Use Facilities
Number
1,253,616
0.69
869,772
Trail
Miles
-
1.40
-
Total
$
2,344,261 $ 2,400,184 $
By Unit of Measurement:
Park or Natural Area Acres $ 22,668 113.05 $ 2,562,570
Special Use Facility Number 1,253,616 0.69 869,772
Trail Miles - 1.40 -
Total $ 3,432,341 $ 2,400,184 $ 1,032,158
Source: City staff (historical investment, oustanding debt); previous tables
•:;>FCS GROUP
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
Cost Basis:
Future Facilities $ 22,825,243 $ 22,825,243 $ 22,825,243 $ 22,825,243
Existing Facilities - - - 1,032,158
Total Cost Basis $ 22,825,243 $ 22,825,243 $ 22,825,243 $ 23,857,401
Growth in Residential Equivalents 1 22,774 22,774 22,774 22,774
Future Facilities Fee per Residential Equivalent
$
1,002 $
1,002 $
1,002 $
1,002
Existing Facilities Fee per Residential Equivalent
-
-
-
45
Total Parks Impact Fee per Residential Equivalent
$
1,002 $
1,002 $
1,002 $
1,048
Residential
Fee Schedule:
Equivalents
Dwelling Unit
2.71 $
2,716 $
2,716 $
2,716 $
2,839
Employee
0.05
53
53
53
55
Source: Census Bureau, 2021 American Community Survey, Tables B25024 and B25033 (residents per dwelling unit); previous
tables
As shown above, the maximum allowable PIF is $1,048 per residential equivalent under the
future level of service by unit of measurement. The resulting PIF is $2,839 for a residential
dwelling unit, based on an average occupancy of 2.71 residents per Census data.
The rate per employee is $55 based on the equivalency calculated in Section H.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.
•:;>FCS GROUP
Exhibit 2.12 - Calculated Non-residential PIF
.)Invment Dr
Industry lype
S.F. per Employees
per
Current (P IF
Future (Pll�
Current(P'll- P11-peri,1111191
Employee
00
per 10 per
111
per 111
Ag., Fish & Forest Services; Constr.; Mining
1-19
590
1.695
$ 89.58 $
89.58
$ 89.58 $
93.63
Food & Kindred Projects
20
630
1.587
83.89
83.89
83.89
87.69
Textile &Apparel
22,23
930
1.075
56.83
56.83
56.83
59.40
Lumber & Wood
24
640
1.563
82.58
82.58
82.58
86.32
Furniture; Clay, Stone & Glass; Misc.
25, 32, 39
760
1.316
69.54
69.54
69.54
72.69
Paper&Allied
26
1,600
0.625
33.03
33.03
33.03
34.53
Printing, Publishing&Allied
27
450
2.222
117.45
117.45
117.45
122.76
Chemicals, Petroleum, Rubber, Leather
28-31
720
1.389
73.41
73.41
73.41
76.73
Primary & Fabricated Metals
33,34
420
2.381
125.84
125.84
125.84
131.53
Machinery Equipment
35
300
3.333
176.18
176.18
176.18
184.14
Electrical Machinery, Equipment
36,38
400
2.500
132.13
132.13
132.13
138.11
Transportation Equipment
37
700
1.429
75.50
75.50
75.50
78.92
TCPU--Transportation and Warehousing
40-42, 44, 45, 47
3,290
0.304
16.06
16.06
16.06
16.79
TCPU--Communications and Public Utilities
43, 46, 48, 49
460
2.174
114.90
114.90
114.90
120.09
Wholesale Trade
50,51
1,390
0.719
38.02
38.02
38.02
39.74
Retail Trade
52-59
470
2.128
112.45
112.45
112.45
117.54
Finance, Insurance & Real Estate
60-68
370
2.703
142.85
142.85
142.85
149.31
Non -Health Services
70-79
770
1.299
68.64
68.64
68.64
71.74
Health Services
80
350
2.857
151.01
151.01
151.01
157.84
Educational, Social, Membership Services
81-89
740
1.351
71.42
71.42
71.42
74.65
Government
90-99
530
1.887
99.72
99.72
99.72
104.23
Source: Metro,"1999 Employment Density Study, " Table 4.
•:;>FCS GROUP
Implementation
This section addresses practical aspects of implementing PIFs and provides comparisons to other
jurisdictions.
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.
FUNDING PLAN
Even if the City implements the parks impact fees calculated previously, impact fee revenues
will not be sufficient to fund the project list. An additional $36.9 million will need to be raised
from other, non -impact fee, sources. This is shown in Exhibit 3.1.
Exhibit 3.1— Funding Plan
Resources
Beginning Fund Balance
$
-
Impact Fee Revenue
23,857,401
Other Needed Revenue
36,899,266
$
60,756,667
Total Resources:
Requirements
Project List (Total Cost)
$
60,756,667
Ending Fund Balance
-
$
60,756,667
Total Requirements:
COMPARISONS
Exhibit 3.2 below shows a comparison of PIFs calculated for single-family homes for some
relevant jurisdictions.
•:;>FCS GROUP
]L A111r✓11 0.11 - 1 11` %-Vllltl[ll 13V113
Issaquah
$10,533 -
Kirkland
$6,822 -
Sammamish
$6,739 -
Redmond
$5,884 _
Shoreline
$5,227_
Kent
$3, 904
Auburn
$3,500
Renton
$3,276
Everett**
$3,180
Federal Way (Proposed)
$2,839!
Source: FCS GROUP Survey, 312712023
*SFR = Single family residence
**Assumes a three -bedroom house
> FCS GROUP
Aaaendix A: Infill Proiect List
Adelaide
Formalize picnic areas/install picnicshelters (2)
2033
$ 167,000
18.05% $
30,147
Alderbrook Park
Playground Replacement
2023
150,000
18.05%
27,078
Alderdale park
Playground Replacement
2027
150,000
18.05%
27,078
BPA
Add a fitness trail and equipment
2026
143,000
18.05%
25,814
BPA
Repair asphalt trail
2030-2040
-
0.00%
-
BPA
Install monument sign
2028
7,000
18.05%
1,264
BPA
Install directional signage/wayfinding
2030
12,000
18.05%
2,166
Brooklake
Demo Hall & Green Storage Buildings
2023
8,000
0.000/0
-
Brooklake
Electrical upgrades
2023
20,000
18.05%
3,610
Brooklake
Facility/Feasibility Assessment - MasterPlan
2023
4,000
18.05%
722
Cedar Grove Park
Playground Replacement
2031
175,000
18.05%
31,591
Celebration
Convert To Artificial Turf
2032
11,500,000
18.05%
2,075,971
Celebration
Sand based turf replacement
2026
500,000
18.05%
90,260
Celebration
Replace field fence
2035
119,000
0.000/0
-
Celebration park
Playground Replacement
2024
450,000
18.05%
81,234
City Hall
add ADA door control @ Court Entry
2023
60,000
18.05%
10,831
City Hall
Card control replacement/upgrade
2027
125,000
18.05%
22,565
City Hall
Carpet replacement
2027
250,000
0.000/0
-
City Hall
City Hall Water Heaters (5)
2028
75,000
0.001/u
City Hall
Court bench refurbish
2025
8,500
0.000/0
City Hall
Elevator
2024
185,000
0.000/u
City Hall
HVAC
2025
400,000
0.000/0
City Hall
Reception Counters - replace Formica
2026
10,000
0.000/0
City Hall
Roof replacement
2026
500,000
0.00%
-
City Hall
Security Fence Around Entire P/E Parcel/Lot
2024
75,000
18.05%
13,539
City Hall
Sidewalk ADA upgrades
2023-2027
240,000
0.000/0
-
Coronado Park
Playground Replacement
2028
150,000
18.05%
27,078
Fisher Pond
Prepare master plan
2028
12,000
18.05%
2,166
Fisher Pond
Install picnic shelter
2030
83,000
18.05%
14,983
Fisher Pond
Decommission on -site well
2030
12,000
0.00%
-
French Lake
Develop/Install Shelter
2028
60,000
18.05%
10,831
FWCC
Exercise Equipment (full replace)
2026
150,000
0.009/0
-
FWCC
Locker Rooms/Cabanas Restoration
2023
250,000
0.009/0
FWCC
Replace Pool Water Slide/Play Equipment
2023
1,200,000
0.009/0
FWCC
Re -plaster Lap Pool
2027
400,000
0.00510
FWCC
Pool/slide repairs
2023
298,000
0.009/0
FWCC
Replace pool and play equipment
2023
60,000
0.009/0
-
FWCC
Outdoor areas
2033
119,000
18.05%
21,482
Heritage Woods park Playground Replacement
2029
175,000
18.05%
31,591
Lake Grove Park
Playground Replacement
2032
200,000
18.05%
36,104
Lakota
Parking Lot Replacement
2023
170,000
0.00%
-
Lakota
Upgrade soccerfield to artificial turf
2021
1,489,000
18.05%
268,793
Lakota
Upgrade running track to rubber
2021
238,000
18.05%
42,964
Lakota
Upgrade field lighting
2032
893,000
18.05%
161,204
Lakota
Upgrade restrooms and increase parking
2032
953,000
18.05%
172,035
(continued next page)
•:;>FCS GROUP
Laurelwood
Prepare master plan
2025
36,000
18.05%
6,499
Laurelwood
Perform master plan improvements
2027-2037
-
18.05%
-
Laurelwood
Install 1/2 basketball court
2030
60,000
18.05%
10,831
Madrona Park
Playground Replacement
2030
175,000
18.05%
31,591
Mirror Lake
Replace and improve playground
2020
143,000
18.05%
25,814
Monument Signs
Complete sign implementation program
2023-2033
48,000
18.05%
8,665
Olympic View
Formalize Joe's Creek social trail
2035
-
18.05%
-
Olympic View
Improve neighborhood entrances (6)
2035
36,000
18.05%
6,499
Olympic View
Install 1/2 basketball court
2030
60,000
18.05%
10,831
Olympic View Park
Playground Replacement
2025
125,000
18.05%
22,565
Palisades
Repair/replace asphalt basketball court
2028
6,000
0.00%
-
Palisades
Install picnic shelter
2030
83,000
18.05%
14,983
Palisades Park
Playground Replacement
2026
200,000
18.05%
36,104
Sacajawea
Artificial turf replacement - SAC
2026
700,000
0.00%
-
Sacajawea
Natural Turf Replacement (ballfields)
2023
300,000
0.00%
Sacajawea
Renovate Ballfield Drainage
2024
50,000
0.00%
Sacajawea
Replace Rubber running track
2024
340,000
0.00%
Sacajawea
Tennis Court Replacement
2025
200,000
0.00%
Sacajawea
Wood Pole Replacement
2029
150,000
0.00%
Sacajawea
Replace water service line
2028
18,000
0.00%
-
Sacajawea
New restroom - sewer lift station
2035
89,000
18.05%
16,066
Sacajawea
Install picnicshelter
2030
83,000
18.05%
14,983
Safety & Security
Parking lot lighting improvements (LED) at Sacaj<
2028
-
18.05%
-
Safety & Security
Install security cameras in parking lots at Scajaw(
2028
-
18.05%
Saghalie
Artificial turf replacement - SoccerField
2032
600,000
0.00%
Saghalie
Tennis Court Renovation/Resurface
2025
40,000
0.00%
-
Saghalie
Replace Rubber running track
2023-2032
505,000
18.05%
91,162
Saghalie
Install artificial turf on football field
2035
1,429,000
18.05%
257,962
Saghalie
Renovate basketball courts
2026
71,000
0.00%
-
Saghalie
Overlay parking lot
2028
48,000
0.00%
-
Steel Lake
Develop a master plan
2033
149,000
18.05%
26,897
Steel Lake
Instal new shelters (Sites 2-5)
2028-2033
292,000
18.05%
52,712
Steel Lake
Re -pipe annex and beach house restrooms
2026
238,000
0.00%
-
Steel Lake Annex
Artificial Turf Replacement - Karl Grosch
2032
700,000
0.00%
Steel Lake Annex
Parking Lot Repairs
2024
10,000
0.00%
-
Steel Lake Park
Artificial turf - Site #5
2032
1,300,000
18.05%
234,675
Steel Lake Park
Dock Replacement
2027
1,250,000
0.00%
-
Steel Lake Shop
New Maintenance Shop (Parks Share, 33%)
2032
11,666,667
18.05%
2,106,058
Steel Lake Shop
Shop - Backup power generator
2025
40,000
18.05%
7,221
Steel Lake Shop
Shop - Electrical Service - new panel
2024
7,500
18.05%
1,354
Steel Lake Shop
Shop Roof
2026
75,000
18.05%
13,539
Steel Lake Shop
Storage House - New Garage Doors
2024
7,000
18.05%
1,264
Steel Lake Shop
Storage House Roof
2024
20,000
18.05%
3,610
Town Square
Install shade covers
2025
89,000
18.05%
16,066
Town Square
Install 2nd shelter
2030
83,000
18.05%
14,983
Town Square
Band shell
2028
-
18.05%
-
Town Square
Veteran memorial
2025
18.05%
WayfindingSigns
Implementation ofwayfindingsignageprogram
2030-2040
-
18.05%
-
Wedgewood
Replace and improve playground
2019
167,000
18.05%
30,147
West Hylebos
Renovate caretaker access road
2033
12,000
0.00%
-
West Hylebos
Make parking lots repairs
2025
48,000
0.000/0
-
West Hylebos
Expand parking lot
2033
149,000
18.05%
26,897
West Hylebos
Replace maintenance garage
2030
89,000
0.00°%
-
Wildwood
Repair asphalt trail
2026
12,000
0.000/0
-
Wildwood
Upgrade park fixture
2035
12,000
18.05%
2,166
Total
$ 44,256,667
$
6,325,243
Source: 2019 PROS Plan Table 7.2, City staff
•:;>FCS GROUP
10C
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 Niven � 1`" 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:
Committee Conno
Initial/Date Initial/Date
DIRECTOR APPROVAL: W2/28/23
Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance for Public Hearing and First
Reading on May 16, 2023.
Jack Wev. Calaxfiittee Chair
Committee Member
Committee Member
PRWPOSED COUNCIL MOTION(S): V
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 Oia-
SUBJECT: 14API code amendments (updated)
Financial Impacts. -
There are no costs to the City for adopting the proposed code amendments.
Sack round 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 Summa •:
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 approval incorporatin=;
additional clarifications on the proposed revisions relating to ground floor non-residential
requirements and school impact fees relating to increasingpredictabilily to th_e 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
HP14 Review zoning, subdivision, and development regulations to ensure that they
further housing policies, facilitate infill development and don't create unintended barriers.
2. The proposed amendment bears a substantial relationship to public health, safety, or welfare;
and
Staff Response: The proposed code amendments are intended to result in the construction of
more housing units in the City. Prior to drafting the proposed amendments, the City hired a
consultant (Heartland, LLC) to evaluate existing policies and code language. In addition, the
consultant reached out to developers and property owners prior to developing recommendations
for the City's consideration. The proposed amendments have considered the recommendations
from the consultant and are believed to result in the increased production of housing thereby
adding to the public health, safety, and welfare of the community.
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 Impact 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 32
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. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) The recitals set forth above are hereby adopted and restated as 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 32
(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.
FWRC.
(f) These code amendments have followed the proper procedure required under the
Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes
the following Conclusions of Law with respect to the decisional criteria necessary for the adoption
of the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
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 32
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 32
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 fee sehea„'o indi ati the �ra 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 32
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.
"Development approval" means any written authorization from the city which authorizes the
commencement of a development activity or use.
"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.
Ordinance No. 23- Page 6 of 32
"Permanent facilities" means the facilities of the district with a fixed foundation which are not
relocatable facilities.
"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
Ordinance No. 23- Page 7 of 32
facilities called for in the capital facilities plan, where the district has the necessary financial
commitments in place to complete the permanent facilities.
"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 19.°�o.
(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 capital facilities plan developed by
the district and approved by the school board, and adopted by rof ,-enee by the eity as paA oft -1
Section 5. FWRC 19.95.040 is hereby amended to read as follows:
19.95.040 Recommended flee calculations.
(1) The recommended impact fees calculation for the district shall be eak- based on the
formula set forth in Exhibit A attached to the original ordinance codified in this chapter. A copy of
Ordinance No. 23- Page 8 of 32
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 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 shall be treated as single-family dwelling units and
duplexes shall be treated as multifamily dwelling units.
(3) The 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 adopted by city eetifle'
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 based e in the amounts specified in the fee schedule
adopted by city council, from any applicant seeking development approval from the city where
Ordinance No. 23- Page 9 of 32
such development activity requires the issuance of a residential building permit or a manufactured
home permit.
(2) For all applications for single-family, multifamily residential building permits, and
manufactured home permits, the total amount of the impact fees shall be assessedcalculated at the
time of the earliest complete application for a development approval required for the development
activity using the fee schedule then in effect and shall be collected from the applicant when the
residential building permit or manufactured home permit is issued, „sing the fee schedule then i
effect. Notwithstanding the foregoing„ for all residential building_ permits or manufactured home
permits associated with the development activity not issued within two years of the earliest
complete application for a development approval applicable to the development activity, the total
amount of the impact fees for such permits shall instead be calculated and collected at the time
each permit is issued, using the fee schedule then in effect. Irrespective of the date that the
application for a residential 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.
(3) No less than 60 days prior to the end of the two -.period in FWRC 19.95.050(2), an
applicant may submit a written request with supporting documentation to the department of
community development requesting an extension of the two-year period for up to one additional
year. The community development director may approve such a request only if it meets the
following criteria:
(a) The applicant has made substantial progress toward residential building �permit or
manufactured home permit issuance since the complete application for the development
approval;
Ordinance No. 23- Page 10 of 32
(b) There are circumstances beyond the applicant's control which prevented issuance of
the residential building, permit or manufactured home permit; and
(c) The extension will not create or continue conditions that constitute a code violation or
an attractive nuisance, contribute to erosion and sedimentation problems, or impact the
public health, safety, and welfare.
Determinations of the community development director under this section shall be subject to the
appeal procedures set forth in FWRC 19.95.070.
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. "Owner -occupied affordable housing" means dwelling units that
are offered for sale at a rate that is affordable to those individuals and families having incomes that
are 80 percent or below the median 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) Multiple 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 11 of 32
(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 12 of 32
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
nON
Required Yards
Front
Side
(each)
Rear
USE REGULATIONS
Required
Review
Process
Lot
Size
Height of
Structure
Required
Parking
S p aces
SPECIAL REGULATIONS AND
4
NOTES
Multifamily
Process
None
Same as these
65 ft.
See notes
1. All nonresidential ground floor
dwelling units
II or,
regulations for
above
§4-97
spaces must have a minimum
(stacked dwelling
with
ground floor
average
floor -to -ceiling height of 13 ft.
units)
SEPA,
use except 20
building
Affordable
and a minimum depth of 15 ft.
dwelling
Process
ft. abutting
elevation
2. Building height may not
III
single-family
(ABE)
units: 0
exceed 30 ft. above average
residential
for each
building elevation for the portion
zones
See note
unit
of the building located within
See notes 2
and 4-413
2
100 ft. from a single-family
residential zone.
3 III buildings except fee
Fel-ated-
ardr,g StFU Et gyros up to 65 ft.
height (six steries) Est be
gabled with pitched FeefS, unless
the building is taller than 35 f+
eA_r,+rfh-,+.,1+r,the Multifamily
43. Multi -unit housing and
accessory living facilities may be
located on the ground floor of a
buildings on the
subject property only as fellews-
{a —if ground floorlevel space that
spans at least 6040 percent of
the total length of the buildings
adjacent to the aI
0
, �I .,F III
cepf;w;id
buildiRgS np mary
vehicular access, as determined
by the director, is occupied with
one or more other permitted
use(s) that is open to the
public. -as n ,., In this
Ordinance No. 23- Page 13 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
nZONRequired
Required Yards
Height of
Required
Review
Lot
Side
Structure
Parking
USE REGULATIONS
Process
Size
Front
(each)
Rear
S p aces
SPECIAL REGULATIONS AND
NOTES
spans at least 40 Af +hP
peFGAAt
total leRgth
of all other street_
facing farad- ,5 -all h,6111diRgS f�
of
e(s allowed iR this
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.
65. Parking spaces shall be
provided as follows:
Efficiency dwelling units — 1.0
per unit
Studio dwelling units — 1.25
per unit
One bedroom dwelling units —
1.5 per unit
Dwelling units with two
bedrooms or more — 2.0 per unit.
-76. Dwelling unit parking stalls
are in addition to required
parking for all nonresidential
ground floor uses.
87. 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.
Ordinance No. 23- Page 14 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
nZONRequired
Required Yards
Height of
Required
Review
Lot
Side
Structure
Parking
USE REGULATIONS
Process
Size
Front
(each)
Rear
S p aces
SPECIAL REGULATIONS AND
NOTES
--G9. Chapter 19.270 FWRC
contains regulations regarding
home occupations.
(Continued on next page)
Process I, II, III and IV are described in
For other information about
Chapter 19.55 FWRC,
parking and parking areas, see
Chapter 19.60 FWRC,
Chapter 19.130 FWRC.
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For details of what may exceed
this height limit, see
FWRC 19.110.050 et seq.
For details regarding required
yards, see FWRC 19.125.160 et
seq.
I19.220.050 Multifamily dwelling units. (Continued)
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required
YardspryE
Required
Height
Required
Review
Lot
of
Parking
Process
Size
Front
Side
Rear
Structure
Spaces
USE REGULATIONS
(each)
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
Ordinance No. 23- Page 15 of 32
USE REGULATION
4 b
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards
Required
Review Lot
Process Size Front Side Rear
(each)
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
ZONE
eight Required
f Parking
:ructure Spaces
PECIAL REGULATIONS AND NOTES
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.
42-11. 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.
4- 14. For sign requirements that apply
to the project, see
Chapter 19.140 FWRC.
4-615. For affordable housing
requirements, see FWRC 19.110.010.
4- 16. 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.
Ordinance No. 23- Page 16 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards ZONE
Required Height Required
Review Lot of Parking
Process Size Front Side Rear Structure Spaces
USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES
b
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:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
ZONE
Required
Yards
Required
Height
Required
—
Review
Lot
of
Parking
USE REGULATIONS
Process
Size
Front
Side
(each)
Rear
Structure
Spaces
SPECIAL REGULATIONS AND
4
NOTES
Multifamily
Process
None
Multifamily
70 ft.
Multifamily
1. The city may, using process
dwelling units
II
dwelling units,
or
dwelling
III, modify required yard,
(stacked dwelling
Possible
senior housing,
200 ft.
units: 1 per
height, lot coverage, and other
units)
Process
or special
unit if
site design and dimensional
III
needs housing:
See
underground
requirements for a proposed
Senior citizen or
same as these
notes 1
or in
development that meets the
special needs
See
regulations for
a
structured
following criteria:
housing (stacked
note 1
ground floor
parking or
a. The proposed
dwelling units)
use
1.7 per unit
development will be consistent
if surface
with the adopted
Stand-alone
parking
comprehensive plan policies
senior citizen
for this zone; and
or special
See notes
b. The proposed
needs housing:
2416 — 2-419
development will be consistent
20
5 ft.
5
with the applicable design
ft.
ft.
Senior
guidelines; and
citizen
c. The street, utilities, and
See notes 1, 2
housing: 1
other infrastructure in the area
and a210
for each unit
Ordinance No. 23- Page 17 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Required
Minimums
Height
Required
ZONE
CC-C
Required Yards
USE REGULATIONS
Review
Process
Lot
Size
Front
Side
(each)
Rear
of
Structure
Parking
Spaces
SPECIAL REGULATIONS AND
NOTES
are adequate to support the
Special
proposed development.
needs
2. No setback is required
housing: 0.5
adjacent to rights -of -way for
for each unit
senior citizen and special needs
housing, when publicly visible
Affordable
street-scape amenities, as
dwelling
defined in FWRC 19.05.190, are
units: 0 for
located along the right-of-way;
each unit
the siting and design of which
shall be approved by the
director.
3. The .,RtiFe pd- flee—r must
g
be utilized with retail s ce(s
with a PAOROMUM flees +.,
oiliRg height of 13 f+. A
minimum of 15% of the
ground floor must be
comprised of non-residential
uses open to the public.
Where any portion of the
subject property is located
adjacent to the intersection of
multiple streets, the ground
floor space for a distance of 50
feet from the nearest point of
the subject property to any
such street intersection, shall
be limited to Entertainment or
Retail uses. Ground floor space
limited to entertainment or
retail uses under the preceding
sentence may count toward
the 15% non-residential use
requirement under this note.
4. Retail uses allowed OR this
ZE)Re may be OR the
permitted
f'eE)F .,f-+aCkP-d-
gFe6l.,d
hE) YSiRg with a minimurn fle-
to coiling heigh+.,f 92 F+
Ordinance No. 23- Page 18 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Required
Minimums
Height
Required
ZONE
CC—C
Required Yards
USE REGULATIONS
Review
Process
Lot
Size
Front
Side
(each)
Rear
of
Structure
Parking
Spaces
SPECIAL REGULATIONS AND
NOTES
54. Primary building entries to
residential, retail, or parking
must face an arterial street with
no multifamily residential
ground -floor parking visible
from arterial streets.
ti All buildings, exeept fer
related stru Etures up
pad(iRg
to 65 40 in height (six steFles�,
r+ he
gabled with pitched
FE)GfS, U Rloss the bUil.-IiRg is
taller than 35 f+ /+hFee SteFie,
.l+h rooftop that c r,+r7h� �
a
-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.
86. The subject property must
provide usable open space in a
total amount equal to at least
100 sq. ft. per dwelling unit
and may include private open
spaces such as yards, patios,
and balconies, as well as
common open spaces such as
plazas, playgrounds, recreation
rooms, rooftop terraces, p-
patches, pools, active lobbies,
and atriums. A minimum of 25
percent of the usable open
space provided must be
common open space. All
eligible usable open space shall
Ordinance No. 23- Page 19 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards
ZONE
Required
Height
Required
CC-C
Review
Lot
of
Parking
USE REGULATIONS
Process
Size
Front
Side
(each)
Rear
Structure
Spaces
SPECIAL REGULATIONS AND
NOTES
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)
Process I, ll, III and IV are described in For other information about
Chapter 19.55 FWRC, parking and parking areas, see
Chapter 19.60 FWRC, Chapter 19.130 FWRC.
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For details of what may exceed
this height limit, see
FWRC 19.110.050 et seq.
For details regarding required
yards, see FWRC 19.125.160 et
seq.
I19.225.070 Multi -unit housing. (Continued)
Ordinance No. 23- Page 20 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required
YardspryE
Required
Height
Required
USE REGULATIONS
Review
Process
Lot
Size
Front
Side
(each)
Rear
of
Structure
Parking
Spaces
SPECIAL REGULATIONS AND NOTES
b
408. 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.
44-9. For community design guidelines
that apply to the project, see
Chapter 19.115 FWRC.
4 -10. Refer to Chapter 19.125 FWRC,
Outdoors, Yards, and Landscaping, for
appropriate requirements.
4-11. For sign requirements that apply
to the project, see
Chapter 19.140 FWRC.
4412. 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.
4614. For affordable housing
requirements, see FWRC 19.110.010.
4-15. For provisions that relate to the
keeping of animals, see
Chapter 19.260 FWRC.
CWRC 19.11 11 NQ appFeved by the
e
features; provided, that SUEh
additien(s) shall Pet e e-e-d- 400 sq. f+
ME)Rth peried.
Ordinance No. 23- Page 21 of 32
USE REGULATION
4 b
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards
Required
Review Lot
Process Size Front Side Rear
(each)
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
BONE
eight Required
f Parking
:ructure Spaces
PECIAL REGULATIONS AND NOTES
19NeFAR—re+haR 16000 sn f+ r,f pevi
a subject property, eXEIUdiR-
approved by the .direEtGF U R der Rote
i-�
28. Multiple story buildir are Gt
,, +ham+ P;wh flAAr C-Amtaow; a+IP;44 7C
perEeRt of the grass sq. of the flee
2-16. Parking may be provided
underground or above ground in
structured parking or may be
permitted as surface parking.
2-217. Dwelling unit parking stalls are in
addition to required parking for all
nonresidential ground floor uses.
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.
Ordinance No. 23- Page 22 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required YardspryE
Require
Review
Process
USE REGULATION
4 b
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
eight Required
f Parking
:ructure Spaces
eacn)l I I (SPECIAL REGULATIONS AND NOTES
For details of what may exceed this
height limit, see FWRC 19.110.050 et
seq.
For details regarding required yards,
see FWRC 19.125.160 et seq.
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
Required
-F
Review
Lot
of
Parking
USE REGULATIONS
Process
Size
Front
Side
(each)
Rear
Structure
Spaces
SPECIAL REGULATIONS AND
4
NOTES
Multifamily
Process
None
Multifamily
70 ft.
Multifamily
1. The city may, using process
dwelling units
II
dwelling units,
or
dwelling
III, modify required height,
(stacked dwelling
Possible
senior housing,
85 ft.
units: 1 per
yard, landscape and other site
units)
Process
or special
unit if
design and dimensional
III
needs housing:
See
underground
requirements for a proposed
Senior citizen or
Same as these
notes 1,
or in
development that meets the
special needs
See
requirements
§3 and
structured
following criteria:
housing (stacked
note 1
for ground
64
parking or
a. The proposed
dwelling units)
floor use
1.7 per unit
development will be consistent
if surface
with the adopted
Stand-alone
parking
comprehensive plan policies
senior citizen
for this zone; and
or special
needs housing:
Ordinance No. 23- Page 23 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Required
Minimums
Height
Required
ZONE
C-F
Required Yards
USE REGULATIONS
Review
Process
Lot
Size
Front
Side
(each)
Rear
of
Structure
Parking
Spaces
SPECIAL REGULATIONS AND
See notes
NOTES
b. The proposed
20
5 ft.
5
ft.
ft.
2416 - 2318
development will be consistent
Senior
citizen
with applicable design
guidelines; and
c. The street utilities and
See notes -17
474, 8, and 10,
,�
housing: 1
other infrastructure in the area
for each unit
are adequate to support the
proposed development.
Special
2, All buildings, exeept f r
needs
related S+rUG+,gyres
paFkiRg up
housing:
to tic f+ in height (six stenos
0.5 for each
must he
gabled with pitched
unit
reefs, the 19WIldiRg
unless
+aller+haR f+
Affordable
35 (three sterierl
. ftep that c Rtr*h„+
with
dwelling
to the Multif-a ily epeR spa
units: 0 for
_1 wre m e R#s-.
each unit
32. Multi -unit housing and
accessory living facilities may
be located on the ground floor
Of atee buildings on the
subject property only as
fe4ows.(-a)if ground floorleuel
space that spans at least 6940
percent of the total length of
the buildings adjacent to the
r,al rn e.r ciaI faeadp- .,f
Pr o m
all buildlRgS subj-ea rlp mar
vehicular access, as determined
by the director, is occupied
with one or more other
permitted use(s) that is open to
the public.as alle- .,ed ip +
R d level
r,d (b)
g
of the total length of
peFEeRt
all other r+ree+_faEiRg fa. -ad
all buildiRgsis eccupied
of
ORe or more other a(s)
all. -wed iR this Z e. Parking in
conjunction with other uses
Ordinance No. 23- Page 24 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards
ZONE
Required
Height
Required
C—F
Review
Lot
of
Parking
USE REGULATIONS
Process
Size
Front
Side
(each)
Rear
Structure
Spaces
SPECIAL REGULATIONS AND
NOTES
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.
n Commercial uses allowed
the floor of staEked
gFE)URd
�i+b eF special .,.J�
53. Building height may be
increased from the permitted
outright height of 70 ft. to 85
ft. in exchange for providing
publicly visible streetscape
amenities, as defined in
FWRC 19.05.190, along the
right-of-way; the siting and
design of which shall be
approved by the director.
64. Structures on property that
adjoins a single-family
residential zone shall be set
back a minimum of 20 ft. from
the property line adjacent to
the single-family residential
zone. The height of structures
shall not exceed 30 ft. above
average building elevation
when located within 100 ft.
from such property line.
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,
Ordinance No. 23- Page 25 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards
ZONE
Required
Height
Required
C-F
Review
Lot
of
Parking
USE REGULATIONS
Process
Size
Front
Side
(each)
Rear
Structure
Spaces
SPECIAL REGULATIONS AND
NOTES
rooftop terraces, p-patches,
pools, active lobbies, and
atriums. A minimum of 25
percent of the usable open
space provided must be
common open space. All
eligible usable open space shall
also meet the requirements
specified in FWRC 19.115.115.
A fee -in -lieu option is available
for up to 50 percent of the
usable open space as specified
in FWRC 19.115.115.
(Continued on next page)
Process I, II, III and IV are described in For other information about
Chapter 19.55 FWRC, parking and parking areas, see
Chapter 19.60 FWRC, Chapter 19.130 FWRC.
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For details of what may exceed
this height limit, see
FWRC 19.110.050 et seq.
For details regarding required
yards, see FWRC 19.125.160 et
seq.
19.230.060 Multifamily dwelling units, senior citizen, or special
needs housing. (Continued)
Ordinance No. 23- Page 26 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required
YardspryE
Required
Height
Required
Review
Lot
of
Parking
Process
Size
Front
Side
Rear
Structure
Spaces
USE REGULATIONS
(each)
SPECIAL REGULATIONS AND NOTES
b
96. 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.
97. 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.
408. 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.
44-9. For community design guidelines
that apply to the project, see
Chapter 19.115 FWRC.
42-10. Refer to Chapter 19.125 FWRC,
Outdoors, Yards, and Landscaping, for
appropriate requirements.
4- 11. For sign requirements that apply
to the project, see
Chapter 19.140 FWRC.
4412. Chapter 19.265 FWRC contains
regulations regarding accessory uses,
buildings and structures. Accessory
dwelling units are not permitted.
4- 13. Chapter 19.270 FWRC contains
regulations regarding home
occupations.
4-614. For affordable housing
requirements, see FWRC 19.110.010.
Ordinance No. 23- Page 27 of 32
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
Parking
Spaces
SPECIAL REGULATIONS AND NOTES
Lot
Size
Required
YardspryE
Front
Side
(each)
Rear
4- 15. For provisions that relate to the
keeping of animals, see
FWRC 19.260.010 et seq.
18. SiRgle StGr,, hUiIdir Rqay et
r deF the ., .,f
FWRC 19.110.080, r by the
approved
dorpctAr fAr r ;idd*t*AP,; -c-h
feat es; r,yided that such
additien(s) sh- ll Pet a e-e-d- 400 sq f+
r,+h p ed
19. NE) +haR 16,000 f+
more sq. Of Rew
r,, , r
SiRgle St StRICtiOR may GGEW OR
FWRC 194110.090 r
and M additiORr
above.18,
rov
least 75 eRt the ., # of
p of gFess
2-16. Parking may be provided
underground or above ground in
structured parking or may be
permitted as surface parking.
2-2-17. 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).
E:P
Process I, II, III and IV are described in
T
Ordinance No. 23- Page 28 of 32
SE ZONE CHART
IRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Reauired Y
eight
USE REGULATIONSI I f " I(eac
b
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
equired
ZONE
arking
paces
PECIAL REGULATIONS AND NOTES
For other information about parking
and parking areas, see
Chapter 19.130 FWRC.
For details of what may exceed this
height limit, see FWRC 19.110.050 et
seq.
For details regarding required yards,
see FWRC 19.125.160 et seq.
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 developments in the CC-C, CC-F, or BC zones, notwithstanding the recommended fee
calculation under FWRC 19.95.040, the impact fee assessed under FWRC 19.95.040 for studio,
one bedroom, and two -bedroom dwelling units in the development may not exceed $0.
(2) For other dwelling units in developments in the CC-C, CC-F, or BC zones, and developments
outside the CC-C, CC-F, and BC zones, notwithstanding the recommended fee calculation under
FWRC 19.95.040, the impact 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 multifamily dwelling unit.
(3) Starting in 2025, the impact fee maximum established in FWRC 19.95.045(2) shall be
increased by 5% or by the percentage change in the previous calendar year's average monthly
Ordinance No. 23- Page 29 of 32
Engineering News -Record (ENR) Seattle Area Construction Cost Index values, relative to the
correspondingaverage verage monthly ENR Construction Cost Index values for the preceding_ year, as
calculated from August 1 st through July 31 st, whichever is lower.
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 by city council in the fee
schedule shall be based on the recommended fee calculation, and no higher than the impact 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.
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 impact fee imposed, 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 chapter and update
of the school impact fee program. The administrative fee is not creditable or refundable.
(2) The administrative fee shall be paid by the applicant at the same time as the impact fee.
Section 14. FWRC 19.95.065 is hereby repealed in its entirety.
Section 15. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
Ordinance No. 23- Page 30 of 32
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.
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
Ordinance No. 23- Page 31 of 32
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 23- Page 32 of 32
COUNCIL MEETING DATE: May 16, 2023
ITEM #:
We -
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: 2023-2024 BIENNIAL BUDGET AMENDMENT
POLICY QUESTION: Should the City Council approve the 2023-2024 Biennial Budget amendment?
COMMITTEE: FEDRAC MEETING DATE: April 25, 2023
CATEGORY:
❑ Consent ® Ordinance ❑. Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: DEPT:
Attachments: 1. Staff Report
2. Ordinance
3. Exhibits A and B
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: If ■ 'j DIRECTOR APPROVAL: i►� �Z J
• C winin C �ncoE Initil;"Dale
ImRa!lPnte iniliall[}:ttc
COMMITTEE RECOMMENDATION: I MOVE TO FORWARD THE PROPOSED ORDINANCE TO A PUBLIC HEARING AND
FIRST READING ON MAY 16, 2023
Committee Chair /Comnlittee\Maber Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (MAY 16, 2023): "1 move to forward the proposed ordinance to the June 6,
2023, Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE (JUNE 6, 2023): "1 move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE
COUNCIL ACTION:
l/►%YC T1 I
❑ 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
DATE: April 25, 2023
TO: City Council
VIA: Jim Ferrell, Mayor
Brian Davis, City Administrator
FROM: Steve Groom, Finance Director
Chase Donnelly, Deputy Finance Director
SUBJECT: 2023-2024 Biennial Budget Amendment
Baekj!round Information:
FINANCE DEPARTMENT
This ordinance is to amend the budget from the adopted budget on November 15th, 2022 to reflect
subsequent changes that have occurred during the year, and carryover contracted and project
balances from 2022 to 2023. Finance has reviewed, updated the biennial budget for all funds to
confirm required ending fund balances will be met and recommends approval.
Financial Impacts:
The city needs to process the annual carryover of contracted and project balances from 2022 to 2023,
so that spending funded by 2022 budgeted revenue doesn't unintentionally impact the 2023 budget:
$14,837,037 Unspent ARPA grant
11,730,185
Transportation CIP projects carryover
3,672,571
SWM CIP projects carryover
1,480,166
Overlay project carryovers (10% Utility Tax Fund)
1,367,880
Debt service / interfund loan transfer carryover
1,080,000
SWM CIP projects transfer carryover
899,047
Overlay project carryovers (Arterial Overlay Fund)
290,664
Parks CIP projects carryover
256,683
Street fund transfer carryover
156,765
Jail fund transfer carryover
115,704
Vehicle and equipment replacement carryover
Based on the actual revenue received in the first two or three months, as shown in the table below,
the City is realizing better -than -budgeted revenues in five of six major revenue funding sources. Of
those, two have a high degree of certainty, whereas four do not. Current economic circumstances
make it prudent to retain a portion of the positive revenue variance as a hedge against remaining
months' revenue uncertainty:
Rev. 7/18
Investment Revenue
Property Tax
Permits & Fees
Utility Taxes
Sales Tax
Business Lic Fees
YTD Act
YTD Bud
780,016
450,000
22,000
20,530
1,355,034
825,733
3,403,511
2,987,884
3,342,668
3,272,719
192,874
Make available
Revenue
Likelyto
Var as of
Continue?
330,016 Mar
Certain
1,470 Feb
Certain
529,301
415,627
69,949
209,084 (16,210)
1,330,152
87.7% 1,167,000
Mar
Feb
Feb
Mar
Uncertain
Uncertain
Uncertain
Uncertain
By updating revenue forecasts based on first quarter actual results, information not known at the
time of the adopted budget, it is possible to respond to the prioritized needs list. The list of unfunded
budget requests at time of budget adoption has been maintained and all departments continue to
accumulate and report budget needs that have arisen. All departments have taken the unfunded
budget needs through a review process with Mayor, City Administrator and Finance Department
staff to assure that the needs list has been updated with current additions or corrections.
Unmet budget needs are evaluated by four criteria:
1. Importance — must -do's versus beneficial
2. Urgency — past due versus imminent versus everything else
3. Obligation level — existing obligations versus new
4. Funding — no other funding versus likelihood of alternative funding
The resulting list now includes over one hundred unmet needs. Seventy are "must -do's" and fifty-
one are past -due or past expected replacement and twenty-three represent imminent or impending
needs. Given the amount of funding now available, the following list represents must -do's, past
obligations that should have been taken care of already, existing (not new) obligations and that have
no other funding options. Having met with all departments to prioritize, the mayor and city
administrator identified the following top obligations and urgencies:
$215,000 Comp plan transportation element
142,600 King County election cost increases
100,000 Collective bargaining group negotiated increases
88,000 Thermo markings for crosswalks, stop lines, etc.
66,706 Community Development contract carryforward, net
85,000 Opticom traffic signal preemption system signal restoration
75,000 Ford F250 for existing maintenance worker (budgeted labor but no truck)
75,000 IT security — managed detection & response
60,000 IT Darktrace that was sacrificed to fund more urgent data backup
50,000 Arts Commission
50,000 Increased cost for repl. of saw, generator, water/vacuum system, & trailer
39,323 Korea/Japan Sister City trip
30,000 Fiber optic locate service
Rev. 7/18
25,000 Engage FW platform subscription
20,000 Video technology equipment for Courtroom 1 & 2 evidence presentation
20,000 BPA crossing lights
19,607 Community Development adjustments approved by council 3/7
18,382 Grant -funded adjustment for Assoc. Planner to Senior Planner
18,000 PBK law software M&O
17,000 OCourt system M&O
9,000 OSummons Jury Management
6,200 IT equipment for on -boarding new staff
5,209 Economic Development cost adjustments for Admin and Dir.
$1,166,650 Total
The following tables detail the adjustments to expenditures budgets required for the 2023/2024
Budget:
Adi_ustments to General Fund
Fund
Description ofExpenditure /InterfundTransfer
20238
2024$
Fundedbv
001General
ARPAcarrvover
$ 14,837,037
$
ARPA
001General
Transfer out to street fund
259,683
Utility tax/Interest/Permit Fees
001General
Transfer out to jail fund
156,765
Utility tax/Interest/Permit Fees
001General
Election cost increases
142,600
70,000
Utility tax/Interest/Permit Fees
001General
Collective bargaining group neotiatedincreases
100,0001
100,000
Utility tax/Interest/Permit Fees
001General
IT software maintenance, software subscriptions, &equipment
75,200
60,300
Utility tax/Interest/Permit Fees
001General
Vehicle for Parks Maintenance Worker
75,000
Utility tax/Interest/Permit Fees
001General
IT managed detection and response
75,000
75,000
Utility tax/Interest/Permit Fees
001General
ITdarktrace
60,000
60,000
Utility tax/Interest/Permit Fees
001General
Arts Commission funding
50.000
-
Utility tax/Interest/Permit Fees
001General
Korea trip
39,323
-
Utility tax/Interest/Permit Fees
001General
Fiber locate services
30,000
30,000
Utility tax/Interest/Permit Fees
001General
Court video for courtroom)&2
20,000
•
Utility tax/Interest/Permit Fees
001General
CD personnel increases
19,607
20.587
Utility tax/Interest/PermitFees
001General
Economic Development labor cost increases
5,209
42,548
Utility tax/Interest/Permit Fees
001General
AssociatePlannertoSeniorPlanner- grantfunded)
18,382
19,301
Grant
001General
CD grant menditureadiustment
(350,000)
(187,500)Grant
001General
CD contractcarrvforward
210,8241
Utility tax/Interest/Permit Fees
001 General
CD contract carryforward grant funded
100,085
Grant
dotal
$ 15,924,715
$ 290,236
Rev. 7/18
Adjustments to Non -General Funds
Fund
Description of Expenditure / Interfund Transfer
2023 $
2024 $
Funded b
101Street Fund
Compplan transportation element
21 000
$
Utilit .ta Interes Permit Fees
101Street Fund
Thermo markings for crosswalks, stop lines. etc
88,000
Utility tax/Interest/Permit Fees
101Street Fund
preemption system: opticom, restore system
85,000
Utilit tax/Interest,/Permit Fees
_Signal
101Street Fund
13PA crossing lights
20 000
Utility tax/Interest/Permit Fees
102 Art. OverlayFund
Carryover ofoverla ro'ects
8-99,047
Dverlay fund balance
103UTAXFund
'Transfer out to General Fund
430,656
Utility -tax fund balance
106Solid Waste & Recycling Fund
Shopping cart truck and trailer
83,951
-
Solid waste fund balance
116SWR10%UTAXFund
Carryover of overlay ro'ects
1490,166
10%SWRUTAXfund balance
l2lTechnolo.gy Fund
GIS Geocortex annual subscription
8,500
8,500
Technology fund balance
121Technology Fund
Amanda batch scheduler
19,850
3,500
Technology fund balance
303 Parks CJP Fund
Carryoverof Parks CIP projects
290,664
Parks CJP fund balance
3045WM CIP Fund
Carryover ofSWMCIP projects
3.67Z571
SWMCIP fund balance
306Transportation CIP Fund
Carryover of Transportation CIP projects
11,730,185
'Transportation CIP fund balance
401SWMFund
TransferouttoSWMCIP for ro'ects
1,080,000
5WMfundbalance
401SWMFund
TransferouttoFleetforreplacement ofequipment
50,000
5WMfundbalance
401SWMFund
Car over ofsweeping contract
8,372
5WMfundbalance
502IT Fund
ITsoftware maintenance, software subscriptions, & equipment
75,200
60,300
General Fund
502IT Fund
IIT managed detection and response
75,000
75,000
General Fund
502ITFund
IITdarktrace
60,000
General Fund
5021TFund
IFiberlocate services
30,000
-General Fund
504 Fleet & Equip. Fund
Vehicle for Parks Maintenance Worker
General Fund
504 Fleet & Equip. Fund
Car over arks vehicle and equipment replacement
R1.367.880
Fleet fund balance
504Fleet & Equip. Fund
Increased cost for re I. of saw, enerator,water/vacuum system, & trailer
SWMfees
504Fleet &Equip- Fund
Transfertodebtservicefund(interfundloan
Fleet fund balance
Total
$ 22,01k746
$ 237 300
Exhibits A and B are attached to provide an accountable chronology:
• Exhibit A — original Adopted Budget, adopted Nov. 15, 2022
• Exhibit B — first amendment, proposed for adoption May 16, 2022
Rev. 7/18
ORDINANCE NO.23-
AN ORDINANCE of the City of Federal Way, Washington, relating
to amending the 2023-2024 Biennial Budget. (Amending Ordinance
No. 22-941)
WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for
the 2023-2024 fiscal biennium have been prepared and filed on September 15, 2022 as
provided by Titles 35A.34 and 84.55 of the Revised Code of Washington; and
WHEREAS, the budget was printed for distribution and notice published in the
official paper of the City of Federal Way setting the time and place for public hearing on the
budget and said notice stating copies of the budget can be obtained on-line and at the Office of
the City Clerk; and
WHEREAS, the City Council of the City of Federal Way held public hearings on
October 18 and November 01, 2022, and considered the public comments presented; and
WHEREAS, the City Council of the City of Federal Way approved the budget
ordinance on November 15, 2022 (attached Exhibit A).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. 2023-2024 Budget Amendment. That the budget for the 2023-2024
biennium is hereby amended in the amounts and for the purposes as shown on the attached
Exhibit B ("2023-2024 Amended Budget").
Section 2. Administration. The Mayor shall administer the Biennial Budget and in
doing so may authorize adjustments to the extent that they are consistent with the budget
Ordinance No. 23- Page I of 5
approved herein.
Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, 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 chapter 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 chapter and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5)
days from the time of its final passage as provided by law.
2023.
PASSED by the City Council of the City of Federal Way this _day of ,
[signatures to follow]
Ordinance No. 23- Page 2 of 5
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 23- Page 3 of 5
EXHIBIT A
2023-2024 Adopted Budget
2023
2024
Beginning Fund
Beginning Fund
Ending Fund
Fund
Balance
Revenue
Expenditure
Balance
Revenue
Expenditure
Balance
General Fund
$ 12,415,532
$ 56,854,231
$ 60,077,654
$ 9,192,109
$ 61,108,379
$ 61,300,485
S 9,000,003
Special Revenue Funds:
Street
210,983
5,715,475
5,426,458
500,000
5,595,163
5,595,163
500,000
Arterial Street
100,001
1,563,000
1,563,000
100,001
1,563,000
1,563,000
100,001
Utility Tax
4,579,047
11,830,565
11,619,868
4,789,743
11,782,564
15,072,308
1,500,000
Sales/Use Tax-AfGd. & Supprt. Housing
140,702
125,000
125,000
140,702
125,000
125,000
140,702
Solid Waste/Recycling
311,052
722,200
641,647
391,604
722,200
654,343
459,462
Special Contract/Studies
462,890
-
462,890
-
-
462,890
Hotel/Motel Lodging Tax
1,720,995
293,000
65,000
1,948,995
308,000
65,000
2,191,995
Community Center
980,517
2,799,376
2,279,893
1,500,000
2,306,857
2,306,857
1,500,000
Traffic Safety Fund
3,109,153
3,000,000
3,846,735
2,262,419
3,060,000
4,122,419
1,200,000
Utility Tax Proposition 1
1,612,395
3,959,478
4,471,873
1,000,000
4,603,704
4,603,704
1,000,000
Perfomvng Arts & Event Center
541,702
2,387,767
2,483,359
446,111
2,259,757
2,483,359
222,509
Solid Waste 101/o Utility Tax
15ZO12
2,200,000
2,200,000
152,012
2,300,000
2,300,000
152,012
Community Development Block Grant
28,268
886,193
886,193
28,269
789,717
789,717
28,268
Paths and Trails
1,895,150
170,600
100,000
1,965,750
172,216
600,000
1,537,966
Technology
235,810
149,250
-
385,060
149,250
-
534,310
Jail Service
164,252
2,335,748
2,500,000
(0)
2,700,000
2,700,000
(0)
Strategic Reserve
3,000,001
-
3,000,001
-
3,000,001
Parks Reserve
1,120,891
5,000
1,125,891
5,000
1,130,891
Debt Service Fund
3,118,184
2,446,368
2,446,368
3,118,184
2,446,459
2,446,459
3,118,194
Capital Project Funds:
Real Estate Excise Tax
4,110,900
5,521,000
7,055,343
2,576,557
5,576,000
5,788,245
2,364,312
Downtown Redevelopment
3,496,123
-
205,000
3,291,123
150,000
3,141,123
Municipal Facilities
175,185
-
175,185
-
175,185
Parks
1,497,896
367,000
367,000
1,497,896
767,000
767,000
1,497,896
Surface Water Management
1,744,296
2,044,312
3,359,608
429,000
1,556,230
1,805,273
179,957
Transportation
1,125,725
19,269,000
19,912,000
484725
50,927,649
49,507,000
1,903,373
Capital Project Reserve
369,963
-
369,963
-
369,963
Fnterprise Fund:
Surface Water Management
2,897,393
6,226,871
6,450,608
2,673,656
6,228,298
8,104,300
797,654
Dumas Bay Centre
1,132,849
1,155,846
764,097
1,524,599
792,696
773,784
1,543,510
Internal Service Funds:
Risk Management
1,158,255
2,307,763
2,657,763
808,255
2,120,877
2,329,131
600,001
Information Technology
3,734,945
3,243,845
3,646,229
3,332,561
3,288,845
3,393,541
3227,865
Mail & Duplication
255,919
135,947
154,901
236,965
135,947
161,901
211,011
Fleet & Equipment
7,621,866
2,425,039
3,336,067
6,710,838
2,399,475
1,711,734
7,398,580
Buildings & Furnishings
2,161,252
728,099
789,772
2,099,579
603,099
664,772
2,037,906
Health Insurance
3,579,885
4,956,000
5,256,726
3,279,159
4,956,000
5,256,726
2,978,433
Unemployment Insurance
245,846
-
70,000
175,846
-
70,000
105,846
Grand TolalAll Funds
S 71,207,836
S 145,723,974
S 154,758,165
S 62,173,646
S 181,349,382
S 187,211,223 1
S 56,311,805
Ordinance No. 23- Page 4 of 5
EgilBIT B
2023.2024 Amended Budget
2023
2024
Beginning Fund
Beginning Fund
Fndng Fund
Fund
Balance
Revenue
Etpenditure
Balance
Revenue
Expenditure
Balance
General Fund
S 27,500,556 $
58,056,122
S 76,002,369
$ 9,554,309 $
61,040,879 $
61,590,721
$ 9,004,467
Special Revenue Funds:
Street
359,300
5,975,158
5,834,458
500,000
5,595,163
5,595,163
500,000
Arterial Street
999,047
1,563,000
Z46ZO47
100,000
1,563,000
1,563,000
100,000
Utility Tax
4,643,952
12,196,316
12,050,524
4,789,743
11,78Z564
15,072,308
1,500,000
Sales/Use Tax-Affrd. & Supprt. Housing
147,938
125,000
125,000
147,938
125,000
125,000
147,938
Solid Waste/Recycling
395,438
722,200
725,598
39ZO40
722,200
654,343
459,897
Special Contract/Studies
987,117
-
987,117
987,117
Hotel/Motel Lodging Tax
1,867,690
293,000
65,000
4095,690
308,000
65,000
2,338,690
Community Center
1,737,337
2,799,376
2,279,893
2,256,820
2,306,857
2,306,857
2256,820
Traffic Safety Fund
2,445,305
3,000,000
3,846,735
1,598,570
3,060,000
4,122,419
536,151
Utility TaxProposkion 1
1,570,837
3,901,478
4,471,873
1,000,441
4,603,704
4,603,704
1,000,441
Performing Arts & Event Center
873,647
2�87,767
2,483,359
778,055
2,259,757
2,483X9
554,454
Community Development Block Grant
25,107
886,193
886,193
25,107
789,717
789,717
25,106
Solid Waste 10%Utility Tax
1,632,178
2200,000
3,680,166
15ZOI2
2�00,000
2,300,000
152,012
Paths and Trails
1,88U80
170,600
100,000
1,958,880
174,216
600,000
1,531,096
Technology
459,967
149,250
28,350
580,867
149250
12,000
718,117
Jail Service
7,487
2,492,513
2,500,000
0
2,700,000
2,700,000
0
Strategic Reserve
3,001,354
3,001,354
-
3,001,354
Parks Reserve
1,132,882
5,OW
1,137,882
5,000
-
1,142,882
Debt S ervice Fund
(1,361,880)
3,814,248
2,446,368
(0)
2,446,459
2,446,459
(0)
Capital Project Funds:
Real Estate Excise Tax
3216,755
5,521,000
7,055,343
1,68Z412
5,576,000
5,788245
1,470,167
Downtown Redevelopment
4,498,575
205,000
4,293,575
-
150,000
4,143,575
Municipal Facilities
175,412
175,412
175,412
Parks
2,031,573
367,000
657,664
1,740,909
767,000
767,000
1,740,909
Surface Water Management
4,570,034
3243,885
7,032,179
781,740
1,556,230
1,805273
532,697
Transportation
15,937,599
19323,650
31,642,185
3,619,064
50,927,649
49,507,000
5,039,713
Capital Project Reserve
370253
370253
-
370,253
Enterprise Fund:
Surface Water Management
4,510,546
6226,871
7,588,980
3,14437
6228,298
8,104,300
1,272,435
Dumas Bay Centre '
1,710216
1,155,846
764,097
4101,965
794696
773,784
2,120,877
Internal Service Funds:
Risk Management
1,516,609
2,307,763
2,657,763
1,166,609
2,120,877
2,329,131
958,355
Information Technology
4259,029
3,484,045
3,886,429
3,85046
3,514,145
3,618,841
3,751,950
Mail & Duplication
279,133
135,947
154,901
260,179
135,947
161,901
23445
Fleet & Equipment
8,545,676
2,550,039
4,944,651
6,151,064
2,399,475
1,711,734
6,838,805
Buildings & Furnishings
2,114,858
728,099
789,772
2,053,185
603,099
664,772
1,991,512
Health Insurance
3,659,129
4,956,000
5256,726
3,358,403
4,956,000
5,256,726
3,057,677
Uncirployment Insurance
1 251016
70,0001
18ZO16
-
70,0001
l Iz016
+Grand TotalAll Funds
I S 107,954,951 S
150,737, 66
S 192,693,624
1 S 65,998,694 S
181,507,182 S
187,738,7571
S 59,767,119
Ordinance No. 23- Page 5 of 5
10e
COUNCIL MEETING DATE: May1� 2023 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: UNLAWFUL POSSESSION OF CONTROLLED SUBSTANCES
POLICY QUESTION: Should the City criminalize the possession of controlled substances without a prescription?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: J. Ryan Call, City Attorney DEPT: Law
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: r �I�� �3 DIRECTOR APPROVAL:
Committee Council Initial/Date
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: N/A.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (MAY 2, 2023): "1 move to forward the proposed ordinance to the May 16,
2023, Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE (MAY 16, 2023): "1 move approval of the proposed ordinance.
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:,{
❑
APPROVED
COUNCIL BILL #
fI t
❑
DENIED
First reading
❑
TABLED/DEFERREDINO ACTION
Enactment reading
V
MOVED TO SECOND READING (ordinances only)15I2jM3
ORDINANCE #
REVISED — 11/2019
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: May 2, 2023
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: J. Ryan Call, City Attorney
SUBJECT: Misdemeanor Ordinance Prohibiting Unlawful Possession of Drugs
Financial Impacts:
FWPD already investigates illegal possession of controlled substances, so the police costs
associated with this proposed ordinance should already be budgeted for. Increases on
prosecution demand can be handled internally to a point, but may ultimately increase
prosecution demand to the point that another prosecutor is required. The cost of a new
prosecutor is not a part of this proposal.
Back6round Information:
In State v. Blake, the Washington State Supreme Court invalidated the state's drug
possession statute (RCW 69.50.4013) on constitutional grounds. State v. Blake, 197 Wash.2d
170 (2021). The basis for this decision was that it is unconstitutional to criminalize
possession of drugs without the state proving criminal intent beyond a reasonable doubt due
to the potentially severe consequences of a felony drug conviction. As written, RCW
69.50.4013 was a "strict liability" crime or, in other words, the state was not required to
prove that the possession was intentional or knowing, merely that it was present. The
practical effect of this ruling was that the state could not impose criminal sanctions against
people possessing controlled substances.
In response, the State Legislature corrected the state criminal statute, adding an intent
element to the crime to avoid the fatal flaw identified by the Court. However, the changes to
law were done on a temporary basis, expiring on July 1, 2023, requiring additional action by
the Legislature to address the issue prior to that date. Once expired, the former,
unconstitutional language will be revived, effectively removing criminal penalties and
enforcement authority for the illegal possession of controlled substances. As of the date of
this writing the Legislature appears at in impasse, and it is likely that the current legislative
session will close without further action. This means as of July 1, 2023 there will be no
constitutional statewide prohibition against possession of scheduled substances.
Rev. 7/18
Proposed City of Federal Way Ordinance.
The ordinance presented creates a local law making the knowing possession of controlled
substances, as defined in state law, a gross misdemeanor. Possession of marijuana would
remain legal under the parameters of Ch. 69.50 RCW. Enforcement of this law would fall to
FWPD and City prosecutors in municipal court.
Rev. 7/18
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
misdemeanor possession of controlled substances; adding new section
6.10.130 to Chapter 6.10 FWRC.
WHEREAS, the use of controlled substances without a prescription under the supervision of
a medical professional can result in physical injury or death; and
WHEREAS, the use of controlled substances without a prescription under the supervision of
a medical professional often exacerbates mental health conditions; and
WHEREAS, using controlled substances can alter a person's brain or brain chemistry with
negative health consequences; and
WHEREAS, persons using controlled substances can become addicted to such substances
resulting in negative physical and mental health consequences and damage to family and personal
relationships; and
WHEREAS, the misuse of controlled substances without a prescription is positively
correlated with criminal behavior; and
WHEREAS, on February 25, 2021, the Washington State Supreme Court held in the case of
State v. Blake, 197 Wash.2d 170 (2021), that RCW 69.50.4013(1) —the statute that criminalized the
possession of a controlled substance without a prescription — exceeded the state's police power and
violated the due process clauses of the state and federal constitutions because it created a strict -
liability felony offense; and
WHEREAS, the Supreme Court's ruling had the effect of eliminating any criminal penalties
for the possession of a controlled substance without a prescription and eliminated the authority of
Ordinance No. 23- Page I of 4
police officers to contact or arrest persons possessing a controlled substance without a prescription;
and
WHEREAS, the Washington State Legislature enacted statutory changes to relevant laws in
the Controlled Substances Act, Chapter 69.50 RCW, to address some of the gaps in state law
resulting from the Blake decision.
WHEREAS, the Washington State Legislature changes to state law meant to address the
Blake decision will sunset on July 1, 2023 and state law will then revert to the former statutory
language held unconstitutional under Blake, effectively removing any criminal penalties and
enforcement authority for the illegal possession of controlled substances; and
WHEREAS, the lack of penalties and police authority in regard to the possession and use of
controlled substances without a prescription will have a direct and negative impact on the health,
safety, and welfare of the City's inhabitants.
WHEREAS, the lack of enforcement authority of the police will interfere with the City's
efforts to address addiction and criminal activity associated with the use of controlled substances
without a prescription by eliminating incentives for individuals to enter treatment or obtain necessary
social services; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Chapter 6.10 of the Federal Way Revised Code is hereby amended to add a new
section 6.10.130 to read as follows:
6.10.130 Knowing possession of controlled substances prohibited.
Ordinance No. 23- Page 2 of 4
(1) It is unlawful for any person to knowingly possess a controlled substance other than
marijuana unless the substance was obtained directly from, or in accordance with, a valid
prescription or order of a practitioner while acting in the course of their professional practice.
(2) The terms "controlled substance" and "practitioner" as used in subsection 1 of this section are
defined by RCW 69.50.101.
(3) Violation of subsection 1 of this section is a gross misdemeanor.
SectiQn 2. 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 3. 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 4. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 5. 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, or July 1, 2023, whichever occurs
Ordinance No. 23- Page 3 of 4
later.
PASSED by the City Council of the City of Federal Way this day of
20
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 4 of 4