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06-05-2023 LUTC PacketcIry or Federal Way Land Use & Transportation (LUTC) Council Committee Regular Meeting Agenda June 5, 2023 City Hall 5:00 p.m. Council Chambers* The City Council may amend this regular meeting agenda and act on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view meetings online, agenda materials, and access public comment sign-up options, please visit www.cityoffederalway.com. *Remote attendance options available via Zoom meeting code: 809 975 640 and passcode: 595617 1. CALL TO ORDER 2. PUBLIC COMMENT 3. COMMITTEE BUSINESS Topic Title/Description A. Approval of Minutes May 1, 2023 Presenter(s) Action or Info Action 06/05 B. ORDINANCE: Adoption of the 2024-29 TIP R. Perez Action 06/20 - ORDINANCE C. Lakota Middle School Safe Routes to School — Request for J. Mulkey Action Additional Funds 06/20 - Consent D. RESOLUTION: Intent to Designate the Community Business Zone a K. Niven Action Residential Target Area for Purposes of the City's Multifamily Tax 06/20 — Consent Exemption Program and Setting a Public Hearing for July 18, 2023 E. ORDINANCE: View Protection Code Amendments K. Niven Action 06/20 - ORDINANCE F. ORDINANCE: Title 18 Accessory Dwelling Unit Code Amendments C. Skadsen Action 06/20 - ORDINANCE G. ORDINANCE: Title 19 Accessory Dwelling Unit (ADU) Code C. Skadsen Action Amendments 06/20 - ORDINANCE H. Quarterly Update - Progress on Comprehensive Plan Periodic C. Skadsen Info Only Update I. Progress Report on Sound Transit K. Smith Info Only 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be July 10, 2023 at 5:00 p.m. 6. ADJOURNMENT Committee Members City Staff Jack Dovey, Chair EJ Walsh, P.E., Public Works Director Jack Walsh, Member Sara Gilchrist Administrative Assistant H Hoang Tran, Member (253) 835-2700 City of Federal Way City Council Land Use & Transportation Committee May 1, 2023 City Hall 5:00 p.m. Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Jack Dovey, Council Member Hoang Tran, and Council Member Jack Walsh. Other Councilmembers in Attendance: Council President Linda Kochmar, Council Member Lydia Assefa- Dawson, and Deputy Mayor Susan Honda. Staff in Attendance: Assistant City Attorney Kent Van Alstyne, Public Works Director El Walsh, Community Development Director Keith Niven, Public Works Deputy Director Desiree Winkler, Parks Deputy Director Jason Gerwen, City Traffic Engineer Rick Perez, Engineering Manager Christine Mullen, Senior Traffic Engineer Kathy Davis, Civil Engineer John Cole, Senior Planner Evan Lewis, and Administrative Assistant II Sara Gilchrist. 1. CALL TO ORDER: Chair Dovey called the meeting to order at 5:00 PM 2. PUBLIC COMMENT: a. Ian Morrison spoke on School Impact Fees b. M. Banks spoke on School Impact Fees and Park Impact Fees c. David Avenell spoke on Park Impact Fees 3. COMMITTEE BUSINESS: Topic Title/Description A. Approval of Minutes: April 3, 2023 Committee approved the April 3, 2023 LUTC minutes. • Moved: Walsh • Seconded: Tran • Passed: 3-0 unanimously B. Limited License Agreement with the City of Kent Civil Engineer John Cole presented the Limited License Agreement with the City of Kent for approval, including background information. Questions and discussion followed. Committee forwarded Option #1 (Authorization to proceed) to the May 16, 2023 Consent Agenda for approval. • Moved: Walsh Seconded: Tran Passed: 3-0 unanimously Committee Members Jack Dovey, Chair Hoang V. Tran, Member Jack Walsh, Member City Staff EJ Walsh, P.E., Public Works Director Sara Gilchrist, Administrative Assistant II (253) 835-2706 �. RESOLUTION: Setting a Public Hearing Date for the 2024-29 Transportation Improvement Program City Traffic Engineer Rick Perez presented the resolution to set a public hearing date for adoption of the 2024-29 Transportation Improvement Plan, including background information. Questions and discussion followed. Committee forwarded Option #1 (Authorization to proceed) to the May 16, 2023 Consent Agenda for approval. • Moved: Walsh • Seconded: Tran • Passed: 3-0 unanimously D. Pacific Hwy S Non -Motorized Corridor Phase 1— Authorization to Bid Civil Engineer John Cole presented the Pacific Hwy S Non -Motorized Corridor project for authorization, including background information. Questions and discussion followed. Committee forwarded Option #1 (Authorization to proceed) to the May 16, 2023 Consent Agenda for approval. • Moved: Tran • Seconded: Walsh • Passed: 3-0 unanimously E. ORDINANCE: Park Impact Fee Parks Deputy Director Jason Gerwen and Senior Planner Evan Lewis presented the Park Impact Fees for approval, including background information. Questions and discussion followed. Committee forwarded Option #1 (Authorization to proceed) to the May 16, 2023 Council meeting for First Reading of the Ordinance. • Moved: Walsh • Seconded: Tran • Passed: 3-0 unanimously ORDINANCE: Housing Action Plan Implementation Code Amendments Community Development Director Keith Niven presented the HAPI Ordinance Amendments for approval, including background information. Questions and discussion followed. Committee forwarded Option #1 (Authorization to proceed) to the May 16, 2023 Consent Agenda for approval. • Moved: Walsh • Seconded: Tran • Passed: 3-0 unanimously G. Progress Update on Sound Transit Projects in Federal Way Public Works Director El Walsh reported on current activities regarding Sound Transit projects, including background information. Questions and discussion followed. 4. OTHER: Committee Members City Staff Jack Dovey, Chair EJ Walsh, P.E., Public Works Director Hoang V. Tran, Member Sara Gilchrist, Administrative Assistant II Jack Walsh, Member (253) 835-2706 5. FUTURE MEETINGS/AGENDA ITEMS: 6. The next LUTC meeting will be held June 5, 2023 at 5:00 p.m. in City Hall Council Chambers and via Zoom. 7. ADJOURNMENT: The meeting was adjourned at 07:19 p.m. Attest: Sara Gilchrist, Administrative Assistant II Approved by Committee: Date Committee Members Jack Dovey, Chair Hoang V. Tran, Member Jack Walsh, Member City Staff EJ Walsh, P.E., Public Works Director Sara Gilchrist, Administrative Assistant II (253) 835-2706 COUNCIL MEETING DATE: June 20, 2023 ITEM #: B CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: ADOPTION OF THE 2024-29 TRANSPORTATION IMPROVEMENT PROGRAM POLICY QUESTION: Should City Council approve the proposed 2024-29 Transportation Improvement Program? COMMITTEE: Land Use and Transportation MEETING DATE: June 5, 2023 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E., CityTraffic 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 RECO,NINIENDATION: Option 1. MAYOR APPROVAL: l(j5 M0 DIRECTOR APPROVAL. ID 17023 i Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the June 20, 2023, Council meeting for adoption. Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution." (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 5, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Rick Perez, P.E., City Traffic Engineer SUBJECT: Adoption of the 2024-29 Transportation Improvement Program Financial Impacts: The Transportation Improvement Program ("TIP") helps inform the budget process on needed roadway capital improvements. The projects listed in the first three years are to be fully funded or have a reasonable chance of having all funding secured. Later years include projects that have reasonable chance of having partial funding secured. 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 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. These plans identify capital projects that the City intends to construct over the next six years. In order to be eligible for grant funding, projects are required to be listed in the City's TIP. The City is required to hold a minimum of one public hearing on the draft plan, which is proposed for the June 20, 2023 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. Attached for your review and comment is the 2024-29 TIP list of projects and a map showing their locations. The six -year TIP responds to the Growth Management Act concurrency requirements as well as other emerging needs. Projects are selected based on criteria adopted in the City's Comprehensive Plan policy TP.2.3, which reads, "Prioritize transportation projects considering concurrency, safety, multimodal enhancements, environmental impacts, and cost effectiveness." Each project was ranked using the scoring criteria established for TIP/Capital Improvement Projects prioritization. Staff also reviewed and analyzed available grant -eligible programs suitable for project programming. Completed Projects • None New Projects + S 320th St st 21 st Ave S Grade Separation ■ 28th Ave S: S 312th St — S 308th Ln 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 Rev 1 /22 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. Filing ogram. 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 Board. 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 Rev 1 /22 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 , 2023. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 23- Page 3 of 3 Rev 1 /22 Exhibit A CITY OF FEDERAL WAY TRANSPORTATION IMPROVEMENT PROGRAM (TIP) .2024 TO 2029 Map ROADWAY CAPITAL PROJECTS Year 2023 Costs in $ thousands ID" Location Description Previous Years 2023 2024 2025 2026 2027 2028 2029 Total la City Center Access Phase 1 - Environmental Update environmental documentation for modified access at S 320th St & S 324th St 4,422 300 4,722 1 b City Center Access Phase 2 - SB Ramps Construct all SB 1-5 ramps, extend S 324th Street from 23rd Ave S to 1-5 6,000 24,000 10,490 20,000 22,560 22,560 105,610 2 SR 99 @ S 373rd St Install roundabout, median control 20 400 525 2,100 2,100 5,145 3 SW 320th St @ 47th Ave SW Install traffic signal 637 637 4 S 312th St @ 28th Ave S Add SB right -turn lane or construct roundabout 809 809 5 SW 340th St: 37th Ave SW - City Limits Widen to 5 lanes 310 420 525 2,308 3,563 6 21 st Ave S @ S 320th St Install traffic signal 112 1,047 1,159 7 S 320th St & 1 at Ave S Add EBL, WBL, W BR, NBT, SBR; widen to 5 lanes N to 316th St or Allematlive Measure 569 1 10,3761 10,945 8 S 348th St: 9th Ave S - SR 99 Overlay 15 95 1,076 1,186 9 16th Ave S: S 344th St - S 348th St Add SB auxiliary lane 420 1,678 4,306 6,404 10 Citywide Implement Adaptive Traffic Control System Phases I & II 2,693 300 2,993 11 Citywide Install variable lane use control signs 466 516 100 1,082 12 Military Rd S @ S Star Lake Rd Add EB right -turn lane, sidewalk 220 1,049 1,269 13 SR 509 @ SW 301st St Install compact roundabout 157 734 891 14 1 Citywide Implement Adaptive Traffic Control System Phase 111 700 105 805 15 SR 509 @ 47th Ave SW Install compact roundabout 1,110 130 1 1,240 16 SW 340th St: 31 st Ave SW - 37th Ave SW Widen to 5 lanes 1 525 1,570 4,2001 6,295 17 Citywide Annual overlays 3,150 3,150 3,150 3,150 3,150 3,150 3,150 22,050 18 SR 509 @ 4th Ave S Install compact roundabout 210 840 1,050 19 City Center Adaptive Traffic Control System - City Center Stage 2 - Detection upgrades 875 875 20 Citywide Adaptive Traffic Control System Phase IV; 1 st Ave S 787 787 21 Citywide Adaptive Traffic Control System Phase V; 21 at Ave SW & SW Campus Dr 1259 1,259 22 Military Rd S: S 320th St - SR 18 Overlay 50 1260 1,310 23 1 S 356th St: 1st Ave S - SR 99 Widen to 5 lanes, bike lanes, sidewalks 315 315 31501 3150 14050 20,980 24 Citywide Street Vegetation Management 200 200 200 200 200 2001 200 1,400 25 SW 344th St @ 27th Ave SW Construct compact roundabout 50 110 585 745 26 Citywide High Friction Surface Treatments 383 3640 4,023 27 S 320th St: 1 at Ave S - SR 99 Overlay 50 3100 3,150 28 S 324th St: 11 th PI S - SR 99 Overlay 50 840 890 Subtotal Roadway Capital Projects 10,305 6,598 14,203 36,153 23,917 39,760 32,740 41,5351 205,211 Map NON -MOTORIZED CAPITAL PROJECTS Year 2023 Costs in $ thousands ID Location Description Previous Years 2023 2024 2025 2026 2027 2028 2029 Total 29 SW King County Regional Trail Plan Plan to connect trails to adjacent cities 100 200 300 30 1 st Ave S: S 292nd St - S 312th St Shoulder improvements 3,950 3,950 31 Citywide ADA Retrofits 420 420 420 420 420 420 420 2,940 32 Citywide Pedestrian Safety Install mid -block crossing treatments or other pedestrian improvements 1,231 168 168 168 168 335 335 335 2,908 33 Citywide Pedestrian Safety System Improvements Install mid -block crossing treatments 160 1,080 1,240 34 Citywide RRFB Upgrades Replace median -mounted RRFB's with mast arm mountings 140 690 830 35 SR 509: SW 312th St - 21 st Ave SW Install sidewalk and streetlights on south side 200 1,300 1,500 36 Federal Way Transit Center Pedestrian Access Improvements 100 9001 1 1,000 37 1 S 312th St: Steel Lake Park - 28th Ave S Install sidewalk and streetlights on south side 100 650 750 38 City Center Access - BPA Trail Extension Construct multi -use path between Celebration Park and Federal Way Transit Center 630 1,049 1,049 4,300 7,028 39a Pacific Hwy S Trail - 16th Ave S (S 288th St to S 308th St) Construct multi -use path 200 262 944 2188 7,350 10,944 39b Pacific Hwy S Trail - 16th Ave S (SR 509 to S 308th St) Construct multi -use path 300 1,993 2,293 40 S 314th St: PVR Wy S - 23rd Ave S Add sidewalks and street lights 175 131 131 1,678 1,365 3,480 41a S 288th St: Military Rd S - 34th Ave S Restripe to 3 lanes with bike lanes, improve pedestrian facilities 105 944 1,049 41 b S 288th St: 16th Ave S - 34th Ave S Restripe to 3 lanes with bike lanes, improve pedestrian facilities 100 104 104 2,308 2,616 42 FW HS - City Center Greenway: S 308th St / 20th Ave S I Greenway improvements 104 420 524 43 Citywide Local Improvement District Non -Motorized Improvement Program 315 315 315 315 315 315 315 2,205 44 1 S 320th St at 21st Ave S Grade Separation Conceptual design and feasibility analysis to lower S 320 St in City Center 200 100 300 45 28th Ave S: S 312th St - S 308th Ln Install sidewalk and streetlights on east side of 28th Ave S and south side of S 308th Ln 20 300 500 200 1,020 Subtotal Non -Motorized Capital Projects 2,306 5,478 4,706 7,953 9,083 3,797 7,534 6,020 46,877 TOTAL CAPITAL PROJECT COSTS 1 12,6111 12,0761 18,909 ",1061 33,0001 43,5571 40,2741 47,5551 252,088 Puget Sound Dumas Bay SwDasr 0 Q- North_ rePk J •� < •` rn '� d- Commencement Bay p�O'\ I N�A odd J:\complan\Transportation\tip_24_ 9.mxd Is Poverty Bay J � X aN e Lore 39 bVR 7F' 42 145 t7a14 � mill i City of Federal Way 2024 - 2029 Transportation Improvement Program Exhibit B Legend • Intersection Improvements City Center Access - Phase 1 City Center Access - Phase 2 Corridor Improvement Non -Motorized Improvement Overlay Improvement Federal Way Transit Center Project #'s 10, 11, 14, 17, 19, 20, 21, 24, 26, 29, 31, 32, 33, 34, & 43 are City Wide projects and are not called out on the map Original Map Date: March 2023 0 0.5 1 v Miles CITY OF Federal Way Centered on Opportunity This map is accompanied by no warranties, and is simply a graphic representation. COUNCIL MEETING DATE: June 20, 2023 ITEM #: C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LAKOTA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL — REQUEST FOR ADDITIONAL FUNDS POLICY QUESTION: Should the Council authorize an increase of $50,000 to the maximum contract amount for Active Construction, Inc. and also authorize a transfer of $190,000 from the Transportation Capital (306) fund to the Lakota Middle School Safe Routes to School Project (Project #36204)? COMMITTEE: Land Use and Transportation MEETING DATE: June 5, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulkey, PE, Senior Civil Engineer RM DEPT: Public Works 1. Land Use and Transportation Committee memorandum dated June 5, 2023 Options Considered: 1. Authorize an increase of $50,000 to the maximum contract amount for Active Construction, Inc. and also authorize a transfer of $190,000 from the Transportation Capital (306) fund to the Lakota Middle School Safe Routes to School Project (Project #36204). 2. Do not approve an increase to the maximum contract amount for Active Construction, Inc. and do not authorize a transfer of funds. MAYOR'S RECOMMEN&kTION: Option 1. MAYOR APPROVAL: A47 �] DIRECTOR APPROVAL: d- 3&05 C minor (gym [nibs Dww Im m11Datre'J Itt111a ri .ttc COMMITTEE RECOMMENDATION: I move to forward Option I to the June 20, 2023 consent agenda for approval. Jack Dove , Committee Chair Jack Walsh, Committee Member N/A PROPOSED COUNCIL MOTION: "I move to authorize an increase of $50,000 to the maximum contract amount for Active Construction, Inc. and also authorize a transfer of $190, 000 from the Transportation Capital (306) fund to the Lakota Middle School Safe Routes to School Project (Project #36204). " 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: June 5, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director %4-lt John Mulkey, P.E., Senior Civil Engineer JRM SUBJECT: Lakota Middle School Safe Routes to School - Request for Additional Funds Financial Impacts: The cost to the City for the Lakota Middle School Safe Routes to School Project was included within the approved budget under the Public Works Department, Capital Project #36204. In accordance with the approved budget, this item is funded by a federal Safe Routes to School grant, a Washington State grant from the Transportation Improvement Board, Lakehaven Water & Sewer District, Verizon, and the Parks Department. Upon completion of the Lakota Middle School Safe Routes to School project, ongoing costs associated with operations and maintenance will be performed and funded through parks and streets maintenance. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. This increase in the maximum contract amount for the Lakota Middle School Safe Routes to School Project will require a transfer from the Transportation Capital (306) fund in the amount of $190,000.00. The 306 Fund currently has over $1.5 Million in unallocated fund balance primarily made up of restricted Real Estate Excise Tax (REET) and Transportation Impact Fee (TIF) Funds. Background Information: This project provides an 8-foot sidewalk, planter strip, bicycle lane and street lights on the south side of SW Dash Point Road from 21st Ave SW to SW 312th St. The scope also includes upgrading existing pedestrian crossings and curb ramps at 21St Ave SW to current ADA standards, as well as extending the reduced speed school zone on 14th Ave SW through the SW 312th St and 215Y Ave SW intersections. Lakota Park parking lot upgrades were also completed. The City Council approved the award of this contract to Active Construction, Inc. on January 6, 2022 and authorized a maximum contract amount of $2,239,639.60. Construction costs exceeded the approved maximum contract amount primarily due to overruns of backfill and disposal, changes to drainage, additional park paving, additional signal materials and traffic control. The estimate for additional work is $50,000. The design costs and construction management costs for this project also overran the original estimated budgets. Rev. 6/2019 June 5, 2023 Land Use and Transportation Committee Lakota Middle School Safe Routes to School — Request for Additional Funds Page 2 Funding Summary: Project Expenditures Design — Original Amount $170,000.00 Construction — Original Contract $2,036,036.00 10% Construction Contingency $203,603.60 Construction Management $280,000.00 Design — Cost Overruns $149,000.00 Construction Contract - Cost Overruns $50,000.00 Construction Management — Cost Overruns $107,881.40 $2,996,521.00 Project Revenues Grant (Federal — SRTS) $1,350,000.00 Grant (State — TIB) $525,651.00 Lakehaven Water & Sewer District $ 535,870.00 Verizon LOU relocation $ 25,000.00 Parks Transfer (120 Fund) $ 370,000.00 City — Transportation Capital (306 Fund) - REQUESTED $190,000.00 $2,996,521.00 COUNCIL. MEETING DATE: June 20, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION: INTENT TO DESIGNATE THE COMMUNITY BUSINESS ZONE A RESIDENTIAL TARGET AREA FOR PURPOSES OF THE CITY'S MULTIFAMILY TAX EXEMPTION PROGRAM AND SETTING A PUBLIC HEARING FOR JULY18, 2023 POLICY QUESTION: Should the City Council pass a resolution declaring an intent to designate properties zoned Community Business (BC) a residential target area for purposes of the City's multifamily tax exemption program and set a public hearing on the matter? COMMITTEE: Land Use & Transportation MEETING DATE: June 5, 2023 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business Resolution ❑ Other STAFF REPORT BY: Keith Niven DEPT: CD Attachments: 1. Staff Report 2. Resolution Options Considered: 1. Approve proposed resolution and set the public hearing. 2. Do not approved proposed resolution and provide direction to staff. MAYOR'S MAYOR APPROVAL: Option 1. Cammite %/ • Coujicil ' Initial/Date (/ InitiaVDate DIRECTOR APPROVAL: W 31 May 23 Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the June 20, 2023, consent agenda. Jack Dove , Committee Chair . Jack Walsh, Committee Member Hoan2 Tran, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: May 23, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Keith Niven, CD Director Resolution: Intent to Designate the Community Business Zone a Residential Target Area SUBJECT: for Purposes of the City's Multifamily Tax Exemption Program and Setting a Public Financial Impacts: There are no projected costs to the City for passing the resolution or holding the public hearing. Back round Information: Heartland, LLC was hired by the City to look at existing codes and policies that might be limiting housing production within the City. Based on their existing conditions evaluation and gap analysis, Heartland recommended 9 actions to address issues they found: 1. Expand the Multi Family Tax Exemption ("MFTE") (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 restrietions on building form. Since recommendation 1 is the only recommendation to impact Title 3 (the others are to Title 19), this item has been forwarded as a stand-alone recommendation. Before designating property as subject to the MFTE program, and establishing standards and guidelines applicable to such property under the MFTE program, a City must follow the procedures in state law. Pursuant to RCW 84.14.040(2), the first step in the designation process requires adoption of a resolution of intent to designate an area as a "residential targeted area" subject to the MFTE program. The resolution must state the time and place of a public hearing to be held by the City Council to consider the designation of the area and may include such other information pertaining to the designation of the area as the governing authority determines to be appropriate to apprise the public of the action intended. RCW 84.14.040(2). Pursuant to RCW 84.14.040(3), notice of the public hearing must thereafter be published once each week for two consecutive weeks, not less than seven days, and not more than thirty days before the date of the hearing. Assuming the City Council adopts the resolution, staff will properly Rev. 6/2020 March 6, 2023 Land Use and Transportation Committee MFTE Code Amendment Page 2 notice the public hearing in accordance with law with the Hearing being scheduled for July 18, 2023. RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, regarding intent to designate the Community Business zone a residential targeted area for the purpose of the multifamily property tax exemption program and setting a public hearing. WHEREAS, Chapter 84.14 of the Revised Code of Washington provides for special property tax valuations for eligible improvements associated with multifamily housing in targeted urban, residential areas; and WHEREAS, on December 3, 2002, the City Council passed Resolution 02-380, which designated the City Center Core and Frame zones as "residential targeted areas" for the purpose of allowing a limited property tax exemption for qualifying multifamily housing, pursuant to the provisions of RCW 84.14.040(2); and WHEREAS, on February 18, 2003, the City Council passed Ordinance 03-438 creating FWRC Chapter 3.30, Multifamily Dwelling Unit Limited Property Tax Exemption ("MFTE Program"); and WHEREAS, in October, 2021, the City Council approved the Housing Action Plan; and WHEREAS, in 2022 the City received a grant from the Washington Department of Commerce for assistance in implementing the City's Housing Action Plan; and WHEREAS, the City hired Heartland LLC ("Heartland") to analyze existing City policies and codes to identify what actions the City could take to increase the production of housing in the City; and WHEREAS, Heartland recommended expanding the City's MFTE Program to properties zoned Community Business ("BC"); and Resolution No. 23- Page I of S Rev 1/22 WHEREAS, the City Council desires to consider whether to adopt the BC zone as a residential targeted area in which property tax exemptions may be granted for construction of qualifying multifamily housing; and WHEREAS, RCW 84.14.040(2) provides that the City Council may adopt a resolution of intent to designate a residential targeted area, and that the resolution must state the time and place of a public hearing to be held by the City Council to consider the designation of the area; and WHEREAS, notice of the public hearing shall be published once each week for two consecutive weeks, not less than seven days, not more than thirty days before the date of the hearing, in accordance with RCW 84.14.040(3). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Intent to designate BC zone. The City Council intends to consider the designation of the BC zone, as shown in Exhibit A, as a residential targeted area for the purposes of limited tax exemption for new multifamily development pursuant to RCW 84.14. Such designation, including accompanying criteria governing the granting of any limited tax exemption for the BC zone, will be considered by the City Council at a public hearing as described below. Section 2. Hearing. The public hearing on the proposed designation of the BC zone as a residential targeted area for the purposes of limited tax exemption for new multifamily development, and accompanying criteria governing the granting of any limited tax exemption for the BC zone, shall be held at a regular meeting of the City Council on July 18, 2023, at 6:30 p.m., or as soon thereafter as possible in the Federal Way City Council Chambers, located at 33325 8th Avenue South. The hearing shall be noticed in accordance with RCW 84.14.040(3). Resolution No. 23- Page 2 of S Rev 1/22 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 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 immediatelyupon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2023. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK Resolution No. 23- Page 3 of 5 Rev 1/22 APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 23- Page 4 of S Rev 1/22 Exhibit A — Map of Properties zoned Community Business (BC) CITY OF Official Zoning Map: BC Zones Map Date Api1242023 t Federal Way g p� CHyaFeay, WA ay GlS Dv�on 33325 BIA Ave S Federal Way, WA 88003 Centered os7 Oppodunky Effective Date: April 4, 2023 by ordinance #23-954 (253) B35-7000 vww dryoftederabray corn COm6 \- ; Federal Way Community Business Zoning: r CBrrrme.W'ZBne4 = BC - Community Business � t Kent j !Desi V Moines 17. ro. W_f im; �= I ftiiirre Milton I I + Edgewood 0 Resolution No. 23- Page 5 of S Rev 1/22 COUNCIL MEETING DATE June 20, 2023 ITEM #: E CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: VIEW PROTECTION CODE AMENDMENTS POLICY QUESTION: Should the City Council amend Title 19 of the Federal Way Revised Code to protect views of Mount Rainier from public spaces downtown? COMMITTEE: Land Use & Transportation MEETING DATE: June 5, 2023 CATEGORY: ❑ Consent E] Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven DEPT: CD 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 RECONINIE.' . TION: Option 1, MAYOR APPROV;�Al DIRECTOR APPROVAL: ` kki Z3 ulnitial/Date �I,Daie Inil- IDaty COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on June 20, 2023, Jack Dove , Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (6/20/23): "I move to forward the proposed ordinance to the July 5, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (5/2/23): "I move approval of the proposed ordinance. " BELOW TO BE COMPLETED BYCITYCLERK'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 15, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Keith Niven, CD Director — SUBJECT: Proposed code amendments to include view protection Financial Impacts: There are no costs to the City for adopting the proposed code amendments. Background Information: Planning staff have initiated code amendments to add a provision for view protection to the City code. The City's Comprehensive Plan includes language aimed at protecting views in the City Center area. Specifically, the following excerpts are from the Comprehensive Plan: Adopt strategies to protect views such as Mount Rainier, especially for civic uses and public parks. CCG20 Consider protecting views from civic buildings and uses, such as the Performing Arts and Events Center, for the enjoyment of citizens. CCP43 Consider providing incentives, and/or adopt regulations, for view protection of scenic vistas. The proposed code amendments implement the intent of this Comprehensive Plan text. Procedural Summary: 1/27/23: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) (23-100430-SE) 2/3/23: Public Notice of SEPA Decision published in Federal Way Mirror and posted (website) 2/17/23: End of SEPA Comment Period 3/10/23: End of SEPA Appeal Period 3/15/23: Planning Commission Public Hearing 6/5/23: LUTC Council Committee (anticipated date) 6/20/23: City Council 1 st Reading (anticipated date) 7/5/23: 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 the 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 of approval with incorporation of a legal method of defining the protected view of Mt. Rainier. Rev. 6/2020 May 15, 2023 Land Use and Transportation Committee View Protection Code Amendment Page 2 Decision Criteria: FWRC 19.80.130 provides criteria for zoning text amendment. The following section analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The City may amend the text of the FWRC only if it finds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan. Staff Response: The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) text: "Adopt strategies to protect views such as Mount Rainier, especially for civic uses and public parks." CCG20 Consider protecting views from civic buildings and uses, such as the Performing Arts and Events Center, for the enjoyment of citizens. CCP43 Consider providing incentives, and/or adopt regulations, for view protection of scenic vistas. LUP 1 Use development standards and design guidelines to maintain neighborhood character and ensure compatibility with surrounding uses. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. Staff Response: The proposed FWRC text amendments preserve views of Mt. Rainier from established public spaces in the City's downtown. The proposed code amendments are specific in both the intended view (of what) to preserve and from what vantage points. The natural view of Mount Rainier is considered a public asset, as determined in the City's Comprehensive Plan. 3. The proposed amendments are in the best interest of the residents of the city. Staff Response: The proposed amendments are intended to limit the height of buildings that would block the natural view of Mount Rainier from Town Square Park and the PAEC. By limiting building heights for a portion of the City Center, the natural views of Mount Rainier will be available to residents from downtown public spaces. ORDINANCE NO.23- AN ORDINANCE of the City of Federal Way, Washington, relating to incorporating view protection as a zoning overlay affecting limited properties in the City Center core (CC-C) and City Center frame (CC- F) zones; amending FWRC 19.05.150, 19.190.010, 19.190.020, 19.190.060; and adding a new Chapter 19.245 FWRC, including section 19.245.010 (Amending Ordinance Nos. 90-43, 96-270, 07-559, 08-583, 08-585, 09-593, 09-597, 09-610,12-727, 20-898). 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 to add a provision to incorporate view protection for limited properties in the 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 January 25, 2023 (ID 2023-S-4737); 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 January 27, 2023, no comments were received and Ordinance No. 23- Page I of 12 the DNS was finalized on February 17, 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, incorporating a legal way to define the view of Mt. Rainier to the City Council; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these code amendments on June 5, 2023, and recommended adoption of the text amendments and zoning map amendment. 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 limiting the height of buildings that would block the natural view of Mount Rainier from Town Square Park and the Performing Arts and Events Center (PAEC). By limiting building heights for a portion of the City Center, the natural views of Mount Rainier will be available to residents, employees, and visitors from downtown public spaces. (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. (d) These code amendments are 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. Ordinance No. 23- Page 2 of 12 (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 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 amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: CCG20 Consider protecting views from civic buildings and uses, such as the Performing Arts and Events Center, for the enjoyment of citizens. CCP43 Consider providing incentives, and/or adopt regulations, for view protection of scenic vistas. LUP1 Use development standards and design guidelines to maintain neighborhood character and ensure compatibility with surrounding uses. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because the amendments provide provisions in the code to preserve views of Mt. Rainier from established public spaces in the City's downtown. The proposed code amendments are specific in both the intended scope of view to preserve and from what vantage points. The natural view of Mount Rainier is considered a public asset, as determined in the City's Comprehensive Plan. Ordinance No. 23- Page 3 of 12 (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they are intended to limit the height of buildings that would block the natural view of Mount Rainier from Town Square Park and the PAEC. By limiting building heights for a portion of the City Center, the natural views of Mount Rainier will be available to residents from downtown public spaces. For these reasons, the proposed amendments will be in the best interest of the residents of the city. Section 3. FWRC 19.05.150 is hereby amended to read as follows: "Occupant" means a person that legally occupies a structure or property. "Office use" means a place of employment providing services other than production, distribution, sale or repair of goods or commodities, and includes but is not limited to: medical, dental or other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or other similar services. The following uses are specifically excluded from the definition of "office": banks, savings and loan companies and similar financial institutions. "Office zones" mean the PO, OP and CP-I zoning districts. "On -site hazardous waste treatment and storage facilities " means facilities which treat and store hazardous wastes generated on the same property or geographically contiguous properties, which may be divided by public or private right-of-way if the entrance and exit between the properties is at a crossroads intersection and access is by crossing as opposed to going along the right-of-way. "Open house" means an event held at a specific location, that is open to the public, and where the event holder remains in attendance during the event. Ordinance No. 23- Page 4 of 12 "Open record hearing" means a hearing that creates the city's record of decision for an application or appeal through testimony and submission of evidence and information, under procedures prescribed by the city's hearing examiner or the city council. An open record hearing may be held prior to the city's decision on an application, or as part of an appeal. "Open space" means an area of land that is valued for natural processes and wildlife, for agricultural production, for active and passive recreation, and/or for providing other public benefits. In certain cases, open space may refer to both outdoor and indoor spaces that provide active or passive recreational amenities for a development's occupants or users. "Open space, common, " means open space which is normally utilized by the occupants of a building or property. "Open space, private, " means open space, the use of which is normally limited to the occupants of a single dwelling. "Open space, public, " means open space owned by a public agency and maintained by it for the use and enjoyment of the general public. "Ordinary high water mark" means, on lakes, streams and tidal waters, that mark found by examining the bed, banks, or shore and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character distinct from that of the abutting uplands with respect to vegetation. Where the ordinary high water mark cannot be found by mark, the ordinary high water mark shall be the line of mean high tide for salt water and the line of mean high water for fresh water. In any stream where neither mark nor mean high water can be found, the channel bank shall be substituted. In braided channels and alluvial fans, the ordinary high water mark or substitute shall be located so as to include the entire stream feature. Ordinance No. 23- Page 5 of 12 "Outdoor" means not contained within a building. "Outdoor storage " means any material or item (including vehicles) being stored for or awaiting sale, lease, processing or repair and not enclosed within a building. "Outdoor storage containers " means new or used prefabricated metal or steel enclosures used for the accessory storage of supplies, equipment, inventory, goods, commodities, or construction - related materials; or temporary offices for active construction sites; designed without an axle or wheels; and capable of being mounted on a chassis or bogie for movement by truck, trailer, railcar, or ship. This definition includes, but is not limited to, cargo, shipping, and freight containers; and excludes typical residential accessory buildings or structures such as garages and storage sheds; garbage and recycling containers; containers mounted on a truck or in some stage of transport; structures used or designed to be used as living facilities; and portable moving containers as defined in this chapter. See FWRC 19.125.180 and 19.125.190. "Overlays" means zoning overlay verlay areas. See FWRC 19.190 and 19.245. "Owner" means, in reference to real property, the person or persons holding fee title to the property as well as the purchaser or purchasers under any real estate contract involving the real property. Section 4. Chapter 19.190 FWRC is hereby amended to read as follows: Chapter 19.190 General Zoning and Overlay Regulations Section 5. FWRC 19.190.010 is hereby amended to read as follows: 19.190.010 Categories enumerated. The city is divided into the following zoning classification categories with the abbreviations shown: Ordinance No. 23- Page 6 of 12 Zoning Category (1) Suburban estate zones (2) Single-family residential zones (3) Multifamily residential zones (4) Professional office zones (5) Neighborhood business zones (6) Community business zones (7) City center core and city center frame zones (8) Office park zones (9) Commercial enterprise zones (10) Planned areas (11) Corporate park zones Symbol SE IRS (followed by a designation indicating minimum lot size per dwelling unit) RM (followed by a designation indicating minimum lot size per dwelling unit) PO BN BC CC-C and CC-F OP (OP-1 - OP-4) CE PA (followed by a designation indicating which planned area) CP-1 The city contains the followingoverlay verlay categories with the abbreviations shown: Overlay Category Symbol (1) Mount Rainier view VP protection Section 6. FWRC 19.190.020 is hereby amended to read as follows: 19.190.020 Zoning and overlay boundary interpretation. (1) Following property lines. Where a zone or overlay boundary is indicated as approximately following a property line, the property line is the zone boundary. Ordinance No. 23- Page 7 of 12 (2) Following streets. Where a zone or overlay boundary is indicated as following a street, the midpoint of the street is the zone boundary. (3) Other cases. Where a zone or overlav boundary is not indicated to follow a property line or street, the boundary line is as drawn, based on the scale shown on the zoning map. (4) Puget Sound. Where a zone or overlay abuts upon or extends into Puget Sound, the zone or overlav boundary extends into Puget Sound to the full limit and territorial extent of the police power, jurisdiction and control of the city. (5) Classification of vacated rights -of -way. Where a right-of-way is vacated, the area comprising the vacated right-of-way will acquire the zone classification of the property to which it reverts, along with any pplicable overlays. Section 7. FWRC 19.190.060 is hereby amended to read as follows: 19.190.060 Application of zoning regulations. Except as otherwise provided in this title: (1) No building or part thereof or other structure shall be erected, altered, added to, or enlarged, nor shall any land, building, structure, or premises be used, designated, or intended to be used for any purpose or in any manner other than is included among the uses listed in this title as permitted in the district in which such building, land, or premises is located. (2) No building or part thereof or structure shall be erected, reconstructed, or structurally altered to exceed in height the limit designated in this title for the district in which such building is located. (3) No building or part thereof or structure shall be erected, nor shall any existing building be altered, enlarged, or rebuilt or moved into any district, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area, and building Ordinance No. 23- Page 8 of 12 location regulations designated in this title for the district in which such building or open space is located. (4) No yard or other open space provided about any building for the purpose of complying with provisions of this title shall be considered as providing a yard or open space for any other building, and no yard or other open space on one building lot shall be considered as providing a yard or open space for a building on any other building lot. (5) Except as expressly allowed in 19.30 FWRC, no building or part thereof or structure shall be erected, reconstructed, or structurally altered to be inconsistent with the limitations or provisions provided by any overlays as provided for in 19.245 FWRC. Section 8. A new Chapter 19.245 "Overlays" is hereby added to Division VI Zoning Regulations to read as follows: 19.245.010 Mount Rainier view protection overlay. (1) Applicability. Properties within the Mount Rainier view protection overlay are illustrated on the City of Federal Way Zoning Map. (2) View protection. Buildings and structures on properties within the Mount Rainier view protection overlay shall not impact views of the polygon delineated below, as viewed from the plaza adjacent to the southeast corner of the Federal Way Performing Arts & Event Center (Latitude 47.318960, Longitude-122.30728), at a height of 5 feet above the concrete surface. Ordinance No. 23- Page 9 of 12 (3) View study. All new, reconstructed, or structurally altered buildings must submit a view study as part of the applicable city review process demonstrating the new, reconstructed, or structurally altered building will not impact views of the polygon in FWRC 19.245.010. The view modeled shall be from the location identified in the preceding subsection, include Mount Rainier as the destination, and depict all new, reconstructed, or structurally altered buildings to enable clear identification of the impact, if any, on the protected view polygon. Section 9. Zoning Map amendment. The Official Zoning Map is amended as provided in Exhibit A. Section 10. 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 any other persons or circumstances. Section 11. 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 12. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 23- Page 10 o f 12 Section 13. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 2023. ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 11 of 12 t COUNCIL MEETING DATE: June 20, 2023 ITEM #: F CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: TITLE 18 FWRC ACCESSORY DWELLING UNIT CODE AMENDMENTS POLICY QUESTION: Should the City Council implement Housing Action Plan strategy #4: Encourage ADU Production, and approve the proposed code amendments to Title 18 FWRC regulating ADUs? COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 5, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Chant sen enior Planner DEPT: Community Development 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 DIRECTOR APPROVAL: C mitt[c aunt- Initial/Date initialt0a lniliaii atc COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on .Tune 20, 2023. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE JUNE 20, 2023: "I move to forward the proposed ordinance to the July S, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE JULY 18, 2023: "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BYCITYCLERK'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: June 5, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, Community Development Department Chaney Skadsen, Senior Planner SUBJECT: Title 18 Accessory Dwelling Unit Code Amendments Financial Impacts: There is no cost to the City associated with the proposed code amendments. Background Information: Legislative Background: The 1993 Washington Housing Policy Act required many Washington cities and counties to adopt ordinances encouraging the development of accessory apartments or accessory dwelling units ("ADUs") in single-family zones per RCW43.63A.215 and RCW 36.70A.400. The City adopted regulations for the provision of ADUs in 1995 and amended such regulations multiple times. Most recently the provisions regulating ADUs were amended in 2022 through Ordinance No. 22-932 to update the definition for accessory dwelling unit and to comply with ESSB 6617 regarding off street parking. ADUs are small living spaces that share a parcel with an existing or concurrently -built house (the primary dwelling unit). ADUs come in many configurations such as attached located in the basement, attic, garage conversion, or detached backyard cottage or garage apartment, that are not connected to a house. ADUs provide an accessible housing opportunity for intergenerational households, aging populations, people with disabilities, as well as other household forms through the unique opportunity to create an independent living space added to an existing lot. ADUs in Federal Way: Accessory dwelling units are increasingly popular particularly among property owners. Frequently the applicants for ADUs are the property owners themselves and often lack familiarity with local permitting and are not involved in the commercial development or construction industry. An inventory of permit history identified that between the years of 2001-2021 a total of 60 ADU permits were issued. Of the permits issued only 35 were built and received a final inspection. Rev. 7/18 ADU Production 12 10 0 Permitted ADUs ■ ADUs Constructed by Year (By Final Built Date) 8 6 4 0I II II I �� I� ■I I I I� I II Oti O'l' 03 Off` Oh 00 O`1 O� 00 ti0 titi titi tip' 'yR ,yh 'yt° ,y'1 '�� 'y°� ,y0 ,ti'� .LO ,LO ,�O ,ti0 ,ti0 ,LO ,ti0 ,y0 ,y0 ,y0 ,ti0 ,40 ,LO ,ti0 ,ti0 , LO ,LO ,y0 ,ti0 ,ti0 ,40 The City of Federal Way's current regulations of accessory dwelling units provide for little flexibility and result in barriers to ADU approval. For example, Federal Way Revised Code (FWRC) currently features a code provision prohibiting ADUs within Cluster Subdivisions. Summary of Proposed Code Changes: The City -imitated proposal is an effort implement HAP Strategy #4 Encourage ADU production, the proposed code amendment to Title 18 is to allow ADUs as a permitted use within cluster subdivisions. Per FWRC 18.55.040(2)(g) Cluster lots are not eligible for accessory dwelling units under FWRC 19.195.180 or 19.200.180. The proposed code amendment is to remove this provision and allow ADUs as a permitted use within cluster subdivisions. Proposed Code Amendment Objectives: The City -imitated proposal is an effort implement HAP Strategy #4 Encourage ADU production, by expanding the developments in which an ADU is a permitted use. Procedural Summary: The City's Responsible Official determined that the proposal does not have a probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the City. On March 24, 2023, the City issued a Determination of Nonsignificance. No comments were received during the comment period and no appeals were filed by the appeal deadline on April 28, 2023. Public notice of the Planning Commission hearing was published in the Federal Way Mirror Rev. 7/18 and posted on the City designated bulletin boards April 28, 2023. This staff report was issued on May 11, 2023, and emailed to members of the Planning Commission and department stakeholders. The proposed code amendments were presented in a Public Hearing at the May 17, 2023 Planning Commission. The Planning Commissioned approved a motion to recommend City Council approve the proposed code amendments as written. Decisional Criteria: FWRC 19.80. 130 provides criteria for development regulation amendments. The following section analyzes the compliance of the proposed amendments with the criteria provided by FWRC 19.80.130. 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 code amendment is consistent with the following goals and policies: 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. HG7 Develop a range of housing opportunities that meet the requirements of people with special housing needs, including the elderly, mentally ill, victims of domestic abuse, and persons with physical and/or developmental disabilities. HP3 Continue to allow accessory housing units within single-family neighborhoods in a way that protects residential character, maintains specific design standards, and complies with all applicable laws. Review accessory housing regulations and, if necessary, revise any regulation that inappropriately limits their development. HP14 Review zoning, subdivision, and development regulations to ensure that they further housing policies, facilitate infill development and do not create unintended barriers. 2. The proposed amendment bears a substantial relation to public health, safety, or welfare; Rev. 7/18 Staff Response — The propose code amendments bear a substantial relationship to public welfare as it provides relief for regulatory barriers that exclude ADUs as a permitted use within Cluster Subdivisions. 3. The proposed amendment is in the best interest of the residents of the city. Staff Response The propose code amendments are in the best interest of the City as it provides flexibility in the code by expanding the opportunities for the developments of which ADUs are a permitted use. Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to accessory dwelling units; amending FWRC 18.55.040, (Amending Ordinance Nos. 90-41, 97-291, 98-309, 98-330, 01-381, 07-554, and 09- 610) WHEREAS, the City of Federal Way ("City") recognizes the need to periodically modify Title 18 (Subdivisions) of the Federal Way Revised Code ("FWRC"), 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, Washington State is experiencing a housing affordability crisis; and WHEREAS, the housing supply in Federal Way falls short of meeting the current and future housing demand; and WHEREAS, accessible housing options with convenient living arrangements that allow family members or other persons to provide care and support without resulting in displacement or relocation for persons with disabilities, multigenerational households, and seniors desiring to age in place are very limited; and WHEREAS, the City adopted a Housing Action Plan ("HAP") in October, 2021, which provides a strategic road map of actions the City can take to encourage housing production, and expand housing choices for residents of all income levels; and WHEREAS, strategy #4 of the HAP is to encourage accessory dwelling unit ("ADU") production; and WHEREAS, the Washington Growth Management Act requires that development regulations be subject to continuing evaluation and review; and; Ordinance No. 23- Page 1 of 8 Rev 1/22 WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the proposed various code amendments on March 24, 2023, the DNS was finalized on April 7, 2023, no appeals were filed and the appeal period expired on April 28, 2023; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on May 17, 2023, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use & Transportation Committee of the City Council of the City of Federal Way considered these code amendments on June 5, 2023, and recommended adoption of the proposed code 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 ensuring conformance with state law, protecting public health and safety, and clarifying items within the Code resulting in less need for interpretation. (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. (d) These code amendments are consistent with the intent and purpose of Title 18 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 Ordinance No. 23- Page 2 of 8 Rev 1/22 adversely affect, the public health, safety, and welfare. (f) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for 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: 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. HG7 Develop a range of housing opportunities that meet the requirements of people with special housing needs, including the elderly, mentally ill, victims of domestic abuse, and persons with physical and/or developmental disabilities. HP3 Continue to allow accessory housing units within single-family neighborhoods in a way that protects residential character, maintains specific design standards, and complies with all applicable laws. Review accessory housing regulations and, if necessary, revise any regulation that inappropriately limits their development. HP9 Continue to provide streamlined permitting processes for development that is Ordinance No. 23- Page 3 of 8 Rev 1/22 consistent with the FWCP and FWRC, and that has minimum adverse impacts. HP14 Review zoning, subdivision, and development regulations to ensure that they further housing policies, facilitate infill development and do not create unintended barriers. HP20 Periodically review and update development regulations to incorporate opportunities for new housing types. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they encourage the production of housing and expand housing choices in the City of Federal Way at a time when the increasing demand for housing is unmet. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they will remove regulatory barriers, reduce the cost, and expedite the permit review process for ADUs. Section 3. FWRC 18.55.040 is hereby amended to read as follows: 18.55.040 Cluster Subdivisions. (1) Purpose. The term "cluster subdivision" applies to both long and short subdivisions. The purpose of cluster subdivisions is to provide design flexibility, sensitivity to the surrounding environment, and innovation consistent with the site and the comprehensive plan; promote compatibility with housing on adjacent properties through lot size and design; promote affordable housing; promote reduction of impervious surface; promote usable open space; and promote the retention of native vegetation. (2) Standards. (a) The gross land area available for cluster subdivisions must be a minimum of two acres. Ordinc Rev 1/22 (b) Lots created in a cluster subdivision may be reduced in size below the minimum required in FWRC Title 19, up to one-half of the size of the underlying zoning requirement, but in no case smaller than 5,000 square feet, per lot; provided, that minimum setback requirements are met. This provision cannot be used together with FWRC 19.110.010(4)(a) (affordable housing bonus). (c) When the cluster subdivision abuts a single-family zoned neighborhood, the lots in the proposed development immediately adjacent shall be no less than the neighboring lot size, or the underlying zoning minimum lot size minus 10 percent, whichever is smaller. (d) Refer to FWRC 19.120.110 for additional development standards for sites with slopes of 15 percent or greater. (e) Open space. (i) Open space created through cluster subdivisions shall be protected from further subdivision or development by covenants filed and recorded with the final plat of the subdivision. (ii) Any subdivision created by this section must provide all open space on -site and it must be all usable except up to five percent can be buffer. (iii) All usable open space must be readily identifiable with the development and easily accessible by the residents. Usable open space should be the central focus and an amenity for the project. (f) Cluster subdivisions can be constructed with zero lot lines under the following conditions: (i) No more than two units shall share a common wall. (ii) Zero lot line cannot occur in zones of RS 9.6 or greater. Ordinc Rev 1/22 (iii) Each dwelling unit shall be built to respect privacy of abutting homes. (iv) Zero lot line development cannot exceed 10 percent of the lots proposed unless it is in a multifamily zone. (v) Each unit shall be intended for owner occupancy. (3) Approval criteria. The innovative or beneficial overall quality of the proposed development shall be demonstrated by the following criteria: (a) The subdivision provides innovative development, otherwise not allowed, but which promotes the goals of the comprehensive plan for architectural compatibility with single-family housing on adjacent properties. (b) The subdivision results in 15 percent common open space of which at least 10 percent of the gross land area must be usable on -site open space, which is identified with the development and easily accessible to residents. (c) Native tree retention in accordance with FWRC 19.120.130 et seq. (d) Cluster lots immediately adjacent to existing neighborhoods have incorporated design elements through lot size and architecture to be compatible as approved by the community development services director. (e) The cluster subdivision will not result in destruction or damage to natural, scenic, or historic features. (f) Each dwelling unit shall meet the design standards in the FWRC community design guidelines for cluster subdivisions. Ordinc Rev 1/22 Section 4. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2023. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR Ordinance No. 23- Page 7 of 8 Rev 1/22 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 8 of 8 Rev 1/22 COUNCIL MEETING DATE: June 20, 2023 ITEM #: G CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: TITLE 19 FWRC ACCESSORY DWELLING UNIT CODE AMENDMENTS POLICY QUESTION: Should the City Council implement Housing Action Plan strategy #4: Encourage ADU Production, and approve the proposed code amendments to Title 19 FWRC regulating ADUs? COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 5, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Chaise Sk sen Senior Planner DEPT: Community Development 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 APPROVAt�'Sh1/�W/f/_ �ffiECTUR APPROVAL: �CJyYYa'l�'� COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on June 20, 2023. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE JUNE 20, 2023: "I move to forward the proposed ordinance to the July 5, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE JULY 18, 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: June 5, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Keith Niven, Community Development Department Chaney Skadsen, Senior Planner SUBJECT: Title 19 Accessory Dwelling Unit Code Amendments Financial Impacts: Removing land use review will lead to a modest reduction in permitting revenue, but the reduction in revenue will be offset by the reduction in staff time expended on reviewing ADU permits. Background Information: Housing choice and affordability continue to be some of the greatest challenges facing the Puget Sound region. Rising demand continues to outpace supply and often does not result in the housing typology, size, and price desired by existing and future residents. In 2019, the City of Federal Way received a $100,000 grant from the Washington State Department of Commerce to prepare a Housing Action Plan (HAP). In October 2021, the City Council approved the City's HAP which provides a strategic road map for actions to encourage housing production, greater housing diversity, and expand housing choices. The HAP identified 4 housing objectives and 8 strategies stated below: HAP Objectives: 1. Promote new housing development that expands housing choices and is inclusive to community needs. 2. Encourage homeownership opportunities and support equitable housing outcomes. 3. Plan for continued growth and ensure that the built environment promotes community development and increases the quality of life for Federal Way's existing and future residents. 4. Preserve existing affordable housing stock to prevent displacement pressure. HAP Strategies: 1. Promote a dense, walkable, and mixed -use City Center. 2. Promote mixed -use, walkable subareas and neighborhood centers. 3. Increase diversity in housing choice through expanding "missing middle" Rev. 7/18 development o]2portunities. 4. Encourage accessory dwelling unit ("ADU") 12roduction. 5. Ensure that financial and re ug latory incentives for mixed -income housing are effective. 6. Review school impact fees on multifamily housing_. 7. Coordinate affordable housing development and preservation with nonprofit developers, communily groups, and the South King Housing and Homelessness Partners (SKHHP). 8. Protect tenants and support pathways to homeownership. Proposed Code Amendment Objectives: The City -imitated proposal is an effort implement HAP Strategy #4 Encourage ADU production, by removing regulatory and financial barriers to ADU production and streamlining the permitting process. Accessory Dwelling Units: Legislative Background: The 1993 Washington Housing Policy Act required many Washington cities and counties to adopt ordinances encouraging the development of accessory apartments or ADUs in single- family zones per RCW43.63A.215 and RCW 36.70A.400. The City adopted regulations for the provision of ADUs in 1995 and amended such regulations multiple times. Most recently the provisions regulating ADUs were amended in 2022 through Ordinance No. 22-932 to update the definition for accessory dwelling unit and to comply with ESSB 6617 regarding off street parking. ADUs are small living spaces that share a parcel with an existing or concurrently -built house (the primary dwelling unit). ADUs come in many configurations such as attached located in the basement, attic, garage conversion, or detached backyard cottage or garage apartment, that are not connected to a house. ADUs provide an accessible housing opportunity for intergenerational households, aging populations, people with disabilities, as well as other household forms through the unique opportunity to create an independent living space added to an existing lot. ADUs in Federal Way: Accessory dwelling units are increasingly popular particularly among property owners. Frequently the applicants for ADUs are the property owners themselves and often lack familiarity with local permitting and are not involved in the commercial development or construction industry. An inventory of permit history identified that between the years of 2001-2021 a total of 60 ADU permits were issued. Of the permits issued only 35 were built and received a final inspection. Rev. 7/18 ADU Production 12 10 0 Permitted ADUs ■ ADUs Constructed by Year (By Final Built Date) 8 6 4 0 Oti Ol 03 O1 Oh 00 O`1 '6 00 ti0 titi yti ti`' 'yR ", yt° ` ti$ 'y°' LO ,tip ,ti0 ,y0 ,LO ,ti0 ,y0 ,y0 ,y0 ,ti0 ,40 ,LO ,ti0 ,ti0 , LO ,LO ,y0 ,ti0 ,ti0 ,40 The City of Federal Way's current regulations of accessory dwelling units provide for little flexibility and result in barriers to ADU approval. For example, Federal Way Revised Code (FWRC) currently features a code provision prohibiting legally nonconforming lots that do not meet the minimum lot size per the underlining zoning district from being eligible for an ADU. The map below identifies the neighborhoods and lots throughout the City of Federal Way in purple where an ADU is prohibited based on the current development regulations. Federal Way Developed Single Family Parcels with Nonconforming Lot Sizes q rt +it _ �lit- 116 �.y.., A .i `.7 ME R` Developetl sng� Family _ Parcels UrM Minimum ; Lot Si. ` Single Family Zoned Wetlantls Parks � i P 3 } The current regulations include an owner occupancy requirement for 6 months out of a year, limits the size of the ADU to 800 square feet or up to 40% of the primary unit size, whichever is less, and requires an additional parking space for properties outside of a'/4 mile radius from a major transit stop. However, some of these regulations serve as barriers to Rev. 7/18 developing ADUs, resulting in fewer ADU units being constructed. Current development regulations create hurdles for compliance and provide limited flexibility for property owners or builders. The proposed code amendments are responsive to the existing housing stock and development pattern in the City. Summary of Proposed Code Changes: The City -imitated proposal is an effort implement HAP Strategy #4 Encourage ADU production, by removing regulatory and financial barriers to ADU production and streamlining the permitting process. Streamline permitting process: 1. FWRC 19.15.020 Exemptions and FWRC 19.265.020 Accessory dwelling units. Exempt ADUs from land use review, allowing applicants to go straight to building permit. The removal of this step will both quicken the permitting process and lessen the expense for the property owner. Reduce cost for ADU production: 2. FWRC 19.95.060 Exemptions and credit. Exempt ADUs from school impact fees and remove ADU land use permit review fee. Remove regulatory barriers: 3. FWRC 19.250.170 General provisions. Allow ADU in Cluster Subdivisions in Single Family Zones. This will expand the number of properties that are eligible for an ADU. 4. FWRC 19.05.010 A definitions and FWRC 19.265.010 Accessory uses, buildings, and structures. Amend the definition of "Accessory" to clarify that ADUs can be taller than the primary dwelling unit. This becomes a barrier for single story homes where an applicant would like to build an ADU above a garage or has such a small amount of lot size that they would like a 2-story ADU. In order to implement this code revision, amendments to the Accessory uses, buildings, and structures code section are required. 5. FWRC 19.05.040 D definitions, FWRC 19.30.085 Nonconforming lots (building able lots), FWRC 19.105.010 Buildable lots. Amend the definition of "Dwelling unit, accessory dwelling unit (ADLn" to allow an ADU to be a preconstructed ADUs, mobile homes, modular homes, and storage containers. Staff receive a number of requests from property owners for these types of units that are currently expressly prohibited by City code. This would allow owners to potentially reduce costs by not having to hire an architect. In order to implement this code revision, amendments are required in the Nonconforming lots and Buildable lots code sections listed above. 6. FWRC 19.130.240 Driveways and parking areas. Make it easier for applicants to meet the parking requirement by adding flexibility Rev. 7/18 and increasing the area in which a car is allowed to be parked within the front yard. Where an additional parking space is required or desired for the ADU, allowing a wider driveway would ensure the vehicle associated with the ADU does not interfere with the parking relating to the main residence. 7. FWRC 19.195.180 ADUs in the Suburban Estates Zone FWRC 19.200.180 ADUs in Single -Family Zones. Allow ADUs on legally nonconforming lots that do not meet minimum lot size. Allow home occupations within an ADU. Remove owner occupancy requirement. By allowing ADUs on legally nonconforming lots, it would expand the number of properties in the City eligible for an ADU. Increase maximum size up to 1,000 or one floor area. The revision to 1,000 sf or 1 floor has been adopted by other cities. 8. FWRC 19.270.030 Home occupations. Allow home occupations within an ADU. The code currently has limitations for home occupations to ensure they do not become a nuisance for their neighbors. By allowing ADUs to also have home occupations, it would increase their appeal to some owners. Procedural Summary: The City's Responsible Official determined that the proposal does not have a probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the City. On March 24, 2023, the City issued a Determination of Nonsignificance. No comments were received during the comment period and no appeals were filed by the appeal deadline on April 28, 2023. Public notice of the Planning Commission hearing was published in the Federal Way Mirror and posted on the City designated bulletin boards April 28, 2023. This staff report was issued on May 11, 2023, and emailed to members of the Planning Commission and department stakeholders. The proposed code amendments were presented in a Public Hearing at the May 17, 2023 Planning Commission. The Planning Commissioned approved a motion to recommend City Council approve the proposed code amendments as written. Decisional Criteria: FWRC 19.80.130 provides criteria for development regulation amendments. The following section analyzes the compliance of the proposed amendments with the criteria provided by FWRC 19.80.130. Rev. 7/18 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 code amendment is consistent with the following goals and policies: 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. HG7 Develop a range of housing opportunities that meet the requirements of people with special housing needs, including the elderly, mentally ill, victims of domestic abuse, and persons with physical and/or developmental disabilities. HP3 Continue to allow accessory housing units within single-family neighborhoods in a way that protects residential character, maintains specific design standards, and complies with all applicable laws. Review accessory housing regulations and, if necessary, revise any regulation that inappropriately limits their development. HP9 Continue to provide streamlined permitting processes for development that is consistent with the FWCP and FWRC, and that has minimum adverse impacts HP14 Review zoning, subdivision, and development regulations to ensure that they further housing policies, facilitate infill development and do not create unintended barriers. HP20 Periodically review and update development regulations to incorporate opportunities for new housing types. 2. The proposed amendment bears a substantial relation to public health, safety, or welfare; Staff Response The propose code amendments bear a substantial relationship to public welfare as it provides relief for regulatory barriers that impact the feasibility of ADUs in the City. 3. The proposed amendment is in the best interest of the residents of the city. Staff Response The propose code amendments are in the best interest of the City Rev. 7/18 as it streamlines permitting processes, reduces costs, and provides flexibility in the code. Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to accessory dwelling units; amending FWRC 19.05.010, 19.05.040, 19.15.020, 19.30.085, 19.95.060, 19.105.010, 19.130.240, 19.195.180, 19.200.180, 19.250.170, 19.265.010, 19.270.030; and repealing FWRC 19.265.020 (Amending Ordinance Nos. 90-43, 91-87, 95-245, 95-249, 96- 265, 00-375, 02-424, 06-533, 07-545, 08-585, 09-593, 09-605, 09-607, 10- 651, 11-700, 12-724, 13-754, 15-804, 18-850 and 22-932 ) WHEREAS, the City of Federal Way ("City) recognizes the need to periodically modify Title 19 (Zoning and Development Code) of the Federal Way Revised Code ("FWRC"), 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, Washington State is experiencing a housing affordability crisis; and WHEREAS, the housing supply in Federal Way falls short of meeting the current and future housing demand; and WHEREAS, accessible housing options with convenient living arrangements that allow family members or other persons to provide care and support without resulting in displacement or relocation for persons with disabilities, multigenerational households, and seniors desiring to age in place are very limited; and WHEREAS, the City adopted a Housing Action Plan ("HAP") in October 2021, which provides a strategic road map of actions the City can take to encourage housing production, and expand housing choices for residents of all income levels; and WHEREAS, strategy #4 of the HAP is to encourage accessory dwelling unit ("ADU") Ordinance No. 23- Page I of 34 Rev 1/22 production; and WHEREAS, the Washington Growth Management Act requires that development regulations be subject to continuing evaluation and review; and; WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the proposed various code amendments on March 24, 2023, the DNS was finalized on April 7, 2023, no appeals were filed and the appeal period expired on April 28, 2023; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on May 17, 2023, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use & Transportation Committee of the City Council of the City of Federal Way considered these code amendments on June 5, 2023, and recommended adoption of the proposed code 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 ensuring conformance with state law, protecting public health and safety, and clarifying items within the Code resulting in less need for interpretation. (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. (d) These code amendments are consistent with the intent and purpose of Title 19 under Ordinance No. 23- Page 2 of 34 Rev 1/22 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (f) These code amendments have followed the proper procedure required under the FWRC. Section 2. 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 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: 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. HG7 Develop a range of housing opportunities that meet the requirements of people with special housing needs, including the elderly, mentally ill, victims of domestic abuse, and persons with physical and/or developmental disabilities. HP3 Continue to allow accessory housing units within single-family neighborhoods in a way that protects residential character, maintains specific design standards, and complies with all applicable laws. Review accessory Ordinance No. 23- Page 3 of 34 Rev 1/22 housing regulations and, if necessary, revise any regulation that inappropriately limits their development. HP9 Continue to provide streamlined permitting processes for development that is consistent with the FWCP and FWRC, and that has minimum adverse impacts. HP14 Review zoning, subdivision, and development regulations to ensure that they further housing policies, facilitate infill development and do not create unintended barriers. HP20 Periodically review and update development regulations to incorporate opportunities for new housing types. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they encourage the production of housing and expand housing choices in the City of Federal Way at a time when the increasing demand for housing is unmet. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they will remove regulatory barriers, reduce the cost, and expedite the permit review process for ADUs. Section 3. FWRC 19.05.010 is hereby amended to read as follows: 19.05.010 A definitions. "Abandoned " means knowing relinquishment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" includes but is not limited to circumstances involving tax forfeiture, bankruptcy, or foreclosure. "Abandoned personal wireless service facility" means a WSF that meets the following: Rev 1/22 (1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or (2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or (3) The antenna has been relocated at a point less than 80 percent of the height of the support structure; or (4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. "Accessory" means a use or structure which is subordinate and incidental to the principal use or structure on the subject property, and supports the principal use or structure without displacing or dominating it. A structure is only accessory within the meaning of this definition when it has less gross square footage and its height is equal to or less than the height of the principal structure on the subject property, except in the case of accessory dwelling units which may be taller than the primary structure and equal in gross square footage. See FWRC 19.265.010. "Accessory living facility " means an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee's family, or for the business owner/operator and that person's family. "Active uses " means uses that by their very nature generate activity, and thus opportunities for natural surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc. "Adjoining" means property that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is 100 feet or more from a low density zone is not considered to be adjoining that zone. Rev 1/22 "Administrator" for the purpose of sign regulations means the director or his/her designated representative. "Adult entertainment, activity, retail, or use" shall mean all of the following: (1) "Adult theater" shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (defined below) for observation by patrons therein and which excludes minors by virtue of age. (2) "Adult entertainment" shall mean a cabaret, nightclub or other establishment which features go- go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined in FWRC 19.05.190) and which establishment excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in FWRC 12.10.010. (3) "Panorama " and 'peepshow " shall mean as defined in FWRC 12.10.010. (4) "Adult retail" shall mean a retail establishment which, for money or any other form of consideration, either: (a) Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult -oriented merchandise; or (b) Provides, as its substantial stock -in -trade, for the sale, exchange, rental, loan, trade, transfer, and/or viewing or use, off the premises, any adult -oriented merchandise. Ordinance No. 23- Page 6 of 34 Rev 1/22 Activities and uses defined as "adult entertainment, activity, retail, or use" are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. "Adult family home" means a residential home for which a person is licensed to provide personal care, special care, room, and board to more than one, but not more than six, adults who are not related by blood or marriage to the person or persons providing the services. The number of residents in an adult family home may be no more than the total of the residents being provided services, plus a family that includes at least one service provider. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. § 3604(f)(3)(b). This definition shall not be applied to the extent that would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.105.080. "Adult -oriented merchandise" shall mean any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or "specified sexual activities" (defined in FWRC 19.05.190). "Agricultural use " means any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. See definition of "urban agriculture." "Air rights " means the right to control the use of the space above the surface of the ground. Rev 1/22 "AKART" means "all known, available and reasonable methods of prevention, control and treatment," and is the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a point or nonpoint discharge. See also "best management practices." "Alluvium " means soil deposits transported by surface waters. Animal Care Facility. See definition of "animal kennel." "Animal kennel " means any structure or premises in which animals are boarded (including day care) or bred for a fee or compensation. Animal kennels may also offer grooming, training, sales of ancillary items, and related activities. "Antique " or "collectible " means any article which, because of age, rarity, or historical significance, has a monetary value greater than its original value, or which has an age recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise. "Applicant " means a person who, whether personally or through an agent, seeks, requests, or applies for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC); a person who is the owner of property subject to this title, and a person who is engaged, whether personally or through an agent, in development activity. "Applicant" includes both the principal and any agent. "Aquifer " means a geological formation that is capable of yielding a usable amount of fresh water to a well or spring. Ordinance No. 23- Page 8 of 34 Rev 1/22 "Arcade " means a linear pedestrian walkway that abuts and runs along the facade of a building. It is covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its open side. There may be habitable space above the arcade. "Architectural embellishments for sign regulations " means the aesthetic elements of the structure that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. "Area median income (AMI) " means the Metropolitan Statistical Area median income adjusted for household size as defined by the United States Department of Housing and Urban Development. "Average building elevation (ABE) " means the average of the highest and lowest existing or proposed elevations, whichever is lowest, taken at the base of the exterior walls of the structure, or it means five feet above the lowest of the existing or proposed elevations, whichever is lowest. ABE is the elevation from which building height is measured. AIOW. BuRdif Heigtl Lowe* Ph-at!Pen ce "Ohe5! Sev t6on dmum (ABE) Sevation "Average slope" means the average grade of land within each land area representing a distinct topographical change. Ordinance No. 23- Page 9 of 34 Rev 1/22 "Awning" means a nonrigid, roof -like cover that projects from a building as a shelter, but that does not project above the adjacent parapet or roof of a supporting building. Section 4. FWRC 19.05.040 is hereby amended to read as follows: 19.05.040 D definitions. "Day care facility, commercial " means the temporary, nonresidential care of persons on a recurring basis. See FWRC Title 19, Division VI, Zoning Regulations. "Dedication " means the deliberate appropriation of land by its owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purposes to which the property has been devoted. "Deleterious substance" includes, but is not limited to, chemical and microbial substances that are classified as hazardous materials, as defined in this chapter, whether the substances are in usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which monitoring requirements of treatment -based standards are enforced under Chapter 246-290 WAC. "Development" means any human activity consisting of any construction, expansion, reduction, demolition, or exterior alteration of a building or structure; any use, or change in use, of a building or structure; any human -caused change to land whether at, above, or below ground or water level; and any use, or change in use, of land whether at, above, or below ground or water level. Development includes, but is not limited to, any activity that requires a permit or approval under zoning ordinances, subdivision ordinances, building code ordinances, critical areas ordinances, all portions of a shoreline master program, surface water ordinances, planned unit development ordinances, binding site plan ordinances, and development agreements; including but not limited to any activity that requires a building permit, grading permit, shoreline substantial development permit, conditional Ordinance No. 23- Page 10 of 34 Rev 1/22 use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding site plan, site development, or right-of-way use permit. Development also includes, but is not limited to, filling, grading, paving, dredging, excavation, mining, drilling, bulkheading; driving of piling; placing of obstructions to any right of public use; and the storage of equipment or materials. "Development regulation " means controls placed on development or land use, but does not include decisions to approve a project permit application even though they may be expressed in a resolution or ordinance. "Diameter at breast height (dbh) " means the diameter of a tree trunk as measured at four and one- half feet above the ground surface. "Director" means the director of the department of community development, also known as the department of community development services, unless the context indicates otherwise. "Distillery" means an establishment primarily engaged in the production of distilled spirits, including all of the equipment and materials required for such production, and may include accessory uses such as tours of the distillery, sales, and/or on -site consumption, e.g., a tasting room. "Domestic animal " means an animal which can be and i s customarily kept or raised in a home or on a farm. "Dredging" means removal of earth and other materials from a body of water, a watercourse, or a wetland. "Dredging spoils " means the earth and other materials removed from a body of water, a watercourse, or a wetland by dredging. "Driveway " means an area of the subject property designed to provide vehicular access to aparking Ordinance No. 23- Page 11 of 34 Rev 1/22 area or structure located on the subject property. "Dry land" means the area of the subject property landward of the high water line. "Dwelling unit" means one or more rooms in a structure or structures, excluding mobile homes and outdoor storage containers and similar structures used or designed to be used as living facilities, providing complete, independent living facilities exclusively for one family, including permanent provisions for living, sleeping, cooking and sanitation. A factory -built home or manufactured home is considered a dwelling unit under this title only if it meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. There are the following 13 types of dwelling units: (1) "Dwelling unit, attached" means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or other uses above or below it. (2) "Dwelling unit, detached" means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. (3) "Dwelling unit, efficiency" means a small one -room unit, which includes all living and cooking areas with a separate bathroom. (4) "Dwelling unit, stacked" means a dwelling unit that has one or more horizontal walls in common with or attached to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses. (5) "Dwelling unit, multifamily" means a building containing two or more dwelling units, which are either attached or stacked. See definition of "dwelling unit, townhouse." Ordinance No. 23- Page 12 of 34 Rev 1/22 (6) "Dwelling unit, senior citizen housing" means housing available for the exclusive occupancy of persons over 55 years of age. (7) "Dwelling unit, small lot detached " means detached residential dwelling units developed on multifamily -zoned property. Each unit is located on its own fee -simple lot. One of the dwelling unit's sides may rest on a lot line (zero lot line) when certain site development conditions are met. (8) "Dwelling unit, special needs housing" means housing not specifically defined by this title, and which will be processed under the classification most closely related to the proposed use, as determined by the director. (9) "Dwelling unit, studio " means a one -room unit, which includes all living and cooking areas with a separate bathroom. Studios may have a wide open living space, and are typically larger than an "efficiency apartment." Studio apartments can contain a loft. (10) "Dwelling unit, townhouse " means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (11) "Dwelling unit, zero lot line townhouse " means attached residential dwelling units with common (or "party") walls. Each unit is located on a lot in such a manner that one or more of the dwelling's sides rest on a lot line. Each unit has its own entrance opening to the outdoors (to the street, alley, or private tract) and, typically, each house is a complete entity with its own utility connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee simple. Ordinance No. 23- Page 13 of 34 Rev 1/22 (12) "Dwelling unit, permanent supportive housing and transitional housing" means housing that combines low -barrier affordable housing, health care, and supportive services for individuals and families experiencing homelessness or at imminent risk of homelessness and persons with a disability that presents barriers to employment and housing stability. Permanent supportive housing may prioritize people who need comprehensive support services to retain tenancy and utilize admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing. Permanent supportive housing has no limit on length of stay, whereas transitional housing is typically no more than two years. Permanent supportive housing is paired with on -site or off -site voluntary services. (13) "Dwelling unit, accessory dwelling unit (ADU) " means a dwelling unit that is accessory to the primary dwelling unit located on the subject property, and which either: (a) Is a freestanding detached structure or part thereof, exel , ing ,,tAdoor storage- eentainer-s and similar- stmetufes ttsed er- designed to be used as living ; or (b) Has one or more vertical and/or horizontal walls in common with or attached to the primary dwelling unit but is separate from the primary dwelling unit either because there is no interior connection between the ADU and primary dwelling unit, or because any interior connection between the ADU and primary dwelling unit is securable by lock from within the ADU. Notwithstanding the general definition of dwelling unit, factory -built homes, manufactured homes, outdoor storage containers, and similar structures used or designed to be used as living facilities may constitute ADUs regardless of whether such a structure meets the Ordinance No. 23- Page 14 of 34 Rev 1/22 standards and criteria of a designated manufactured home established in RCW 35A.63.145. Section 5. FWRC 19.15.020 is hereby amended to read as follows: 19.15.020 Exemptions. Permits for the following are exempt from the provisions of process I through IV: (1) The development of detached dwelling units and accessory dwelling units on pre-existing lots, except where a land use process is triggered by the requirements of Chapter 19.145 FWRC. (2) Any tenant improvements or normal maintenance on the subject property necessary to meet the varied requirements of continuing or succeeding tenants, except as identified in FWRC 19.15.025. (3) The director of community and eeoiiom edevelopment may exempt minor additions from the requirements of this chapter such as but not limited to additions necessary to house mechanical equipment such as coolers, heating, ventilation, and air conditioning type of equipment, minor exterior building facade modifications such as awnings and canopies, installing or relocating windows or doors. The director may exempt other similar improvements, for example improvements not visible from rights -of -way or residential uses or zones. Projects exempted from process I through IV shall be reviewed for zoning compliance with the associated building, mechanical or other permit. Section 6. FWRC 19.30.090 is hereby amended to read as follows: 19.30.085 Nonconforming lots (buildable lots). The development of a nonconforming lot under this chapter shall be subject to the buildable lot provisions of FWRC 19.105.010(2)—. Section 7. FWRC 19.95.060 is hereby amended to read as follows: 19.95.060 Exemptions and credits. (1) The following shall be exempt from the application of impact fees: Ordinance No. 23- Page 15 of 34 Rev 1/22 (a) Any form of housing exclusively for the elderly, including nursing homes and retirement centers, so long as these uses are maintained in perpetuity and the necessary covenants or declarations of restrictions are recorded on the property to ensure that no children will reside in the development; or (b) The replacement of a structure with a new structure of substantially the same size and use at the same site or lot when such replacement occurs within 12 months of the demolition or destruction of the prior structure; or (c) Alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing dwelling unit where no additional units are created and the use is not changed; (d) Accessory dwelling units ("ADUs"), , th ■ ■ a ■ (2) Arrangement may be made for later payment with the approval of the district only if the district determines that it will be unable to use or will not need the payment until a later time; provided, that sufficient security, as defined by the district in its sole reasonable discretion, is provided to assure payment. Security shall be made to and held by the district, which will be responsible for tracking and documenting the security interest. (3) The developer shall receive a credit for any payment which has already been made for the lot or development activity in question, either as a condition of development approval or pursuant to the terms of a voluntary mitigation agreement. The fee amount due on the development activity shall be reduced by the amount of the credit. Ordinance No. 23- Page 16 of 34 Rev 1/22 (4) The developer can request that a credit or credits be awarded for the value of dedicated land, improvements, or construction provided by the developer. The district shall first determine the general suitability of the land, improvements, and/or construction for district purposes. Second, the district shall determine whether the land, improvements, and/or the facility constructed are included within the district's adopted capital facilities plan or the board of directors for the district may make the finding that such land, improvements, and/or facilities would serve the goals and objectives of the capital facilities plan of the district. The district shall forward its determination to the city, including cases where the district determines that the dedicated land, improvements, and/or construction are not suitable for district purposes. (5) For each request for a credit or credits, if appropriate, the district shall select an appraiser from a list of independent appraisers. The appraiser shall be directed to determine the value of the dedicated land, improvements, or construction provided by the developer for the district. The developer shall pay for the cost of the appraisal. (6) After receiving the appraisal, the district shall provide the developer with a letter or 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 such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the district before the city will award the impact fee credit. The failure of the applicant to sign, date, and return such document within 60 calendar days shall nullify the credit. (7) Any claim for credit must be made no later than 20 calendar days after the submission of an application for a building permit. Ordinance No. 23- Page 17 of 34 Rev 1/22 (8) In no event shall the credit exceed the amount of the impact fees due. Section 8. FWRC 19.105.010 is hereby amended to read as follows: 19.105.010 Buildable lot. (1) General. It is a violation of this title to erect a structure on or to otherwise use or occupy any lot or parcel unless that lot or parcel is a buildable lot. A lot or parcel is a buildable lot if it meets all of the following criteria: (a) It was created or segregated pursuant to all applicable laws, ordinances and regulations then in effect. (b) Except as specified in subsection (2) of this section, it is at least as large as the minimum lot size established by this title. (c) It is adjacent to a street, access tract, or driveway providing access to that lot or parcel that meets the minimum requirements of the International Fire Code and other code provisions established by or under this title. (d) Nothing in the above subsections eliminates the requirement to comply with all other provisions of the FW RC, or other applicable regulations, prior to obtaining a building permit or other construction permit. (2) Exception, detached dwelling units. Subject to all other requirements of this title, an applicant may build one detached dwelling unit on a lot or parcel regardless of the size of the lot or parcel, if: (a) There is or has ever been a residence on the subject property; or (b) It is a legal nonconforming lot and the owner does not own contiguous lots; or (c) Lots less than 50 percent of the minimum lot size required by this title are combined with one or more contiguous lots under the same ownership until the resulting lot equals at least Ordinance No. 23- Page 18 of 34 Rev 1/22 50 percent of the minimum lot size required. If that is not possible, all lots under contiguous ownership are combined into one lot, which may then be developed. (d) The intent of this exception shall not be to construe remnant lots or tracts as buildable lots. Lots that are not considered buildable lots are those that were not created for the purposes of land development and include, but are not limited to, vacated rights -of -way, tracts, lot fragments resulting from surveying errors, public or private easements, and assessor tax parcels created by segregation. (3) Exception, accessory dwelling units. Subject to all other requirements of this title, an applicant may build an accessory dwelling unit on a lot or parcel regardless of the size of the lot of parcel. The intent of this exception shall not be to construe remnant lots or tracts as buildable lots. Lots that are not considered buildable lots are those that were not created for the purposes of land development and include, but are not limited to, vacated rights -of -way, tracts, lot fragments resulting from surveying errors, public or private easements, and assessor tax parcels created by segregation. Section 9. FWRC 19.130.240 is hereby amended to read as follows: 19.130.240 Driveways and parking areas. Vehicles may not be parked in required yards except as follows: (1) Detached dwelling units. The regulations of this section apply to driveways and parking areas for detached dwelling units. (a) Generally. Vehicles may not be parked in a required side yard, but may be parked in the required front and rear yards only if parked on a driveway and/or parking pad. A driveway and/or parking pad, in a required front yard, may not exceed 20 feet in width except as Ordinance No. 23- Page 19 of 34 Rev 1/22 specified in subsection (1)(b) of this section and may not be closer than five feet to any side property line. Recreational vehicles to be used as a temporary dwelling on a residential lot where the primary dwelling unit is unsafe to occupy by reason of disaster or accident such as fire, wind, earthquake, or other similar circumstance are not required to be parked on a driveway and/or parking pad. (b) Exception. A driveway and/or parking pad in a required front yard may exceed 20 feet in width if- (i) It serves a three -car garage; (ii) The subject property is at least 60 feet in width; and (iii) The garage is located no more than 40 feet from the front property line.-; or (iv) It serves an ADU. In addition, a driveway may flare at the front property line to a maximum width of 30 feet. (2) Attached and stacked dwelling units in residential zones. The regulation of this subsection apply to driveways and parking areas for stacked and townhouse (attached) dwelling units in residential zones. (a) Parking areas may not be located in required yards. (b) Driveways must be set back at least five feet from each property line, except the portion of any driveway which crosses a required yard to connect with an adjacent street. (3) Other uses. Parking areas and driveways for uses other than those specified in subsections (1)(a) and (b) of this section may be located within required setback yards. (4) Shared parking. If parking serves two adjacent uses, the parking area may be anywhere in the required yard between those uses. Ordinance No. 23- Page 20 of 34 Rev 1/22 (5) Zero lot line townhouse dwelling units and lots in small lot detached development. Parking areas and driveways for these uses may utilize shared parking and park in required yards as specified in FWRC 19.205.010, Zero lot line townhouse and townhouse (attached) dwelling units; FWRC 19.205.020, Small lot detached dwelling units; and FWRC 19.200.020, Zero lot line townhouse and townhouse (attached) dwelling units. Section 10. FWRC 19.195.180 is hereby amended to read as follows: 19.195.180 Accessory dwelling units. The following uses shall be pennitted in the suburban estate (SE) 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 Maximums Required Yards Required Required �E Review Lot Lot Height of 'Parking USE REGULATIONS Process Size Front Side (each) Rea Coverage Structure paces ;SPECIAL REGULATIONS AND NOTES b Accessory dwelling None See 30 10 10 See 30 ft. 1 1. An accessory dwelling unit unit (ADU) single-ia note ft. ft. ft. note 2 above parking (ADU) shall meet. the r....,.1...oS.aofieoS 1 average space definition outlined in building FWRC 19.05.04-40. Minimum elevation 0 within lot size for ADUs is based 1/4 mile upon the minimum lot size for of major the existing primary dwelling transit unit as set forth in stop FWRC 19.195.010. ADUs may be Verinitted on a lot with See note legally nonconforming lot -size as provided in FWRC 113 19.105.010(3). 2. Only one ADU may be created per subject property. The ADU. accessory structures and the primary dwelling unit together shall not exceed the maximum lot coverage prescribed in FWRC 19.195.010. Ordinance No. 23- Page 21 of 34 Rev 1 /22 USE ZONE CHART DIRECTIONS: FIRST, read down to find use.. . THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required �E Review Lot Lot Height of Parking USE REGULATIONS ;Size rront SideProcess reach) each) RI`:lrC Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES b 3. An ADU shall be designed so that. to the degree reasonably feasible. the appearance of the building remains that of a single-family residence. The design and c �- of an n n1 1 aod_th LRildi.,., ..1umbil,.. Io ^1 0,., ..1 fire. , health. and any .,li..able a ales-.._ _,LI l for any new stFu tieft Ail A ill 1., .. ,d P - d,.-.,SJi.,.-. b Cede. C-el rifieatiojl h. - .....-...,.-..-: �r , E4 S.,ff:Gie fi♦ ....,rem and for 6 ptie s s rat the be dd le f the _, 4. Refer to Chapter 19.125 FWRC. Outdoors. Yards. and Landscaping. for appropriate requirements. 5. Refer to Ch__apter FWRG 19.270 FWRC. for regulations reoarding Dome cCi ations associated with this use. ^ nt^ egula4ieff' 0 .d: g 11. Rti. ,d other in .,d . -M .d,'s 110 asseke use. cn APU. 6. Attached ADUs may be accessed through the entrance to the primary dwelling unit or Ordinance No. 23- Page 22 of 34 Rev 1 /22 USE ZONE CHART 1DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required (Required ENE SE Required Yards USE REGULATIONS ]Review (Process (Lot 'Size Front Side �(each);SPECIAL Rear Lot Coverage (Height of Structure IParking Spaces REGULATIONS ND NOTES through an additional entrance on the side or rear of the residence. Only one entrance is allowed on the front of the residence. -, rh A., ll .mill..,. rh_ dWeil mafy rUA4 Of ADU f9F•• GalendRF;9ear. alld al AR ka 1... 97. The ADU, excluding any garage. workshop and similar nonliving areas, shall contain h_....._ e" 300. 4nn no more than 1.000 sq. ft.- An attached ADU may exceed 1.000 sq. ft— Lip to a maximum of the largest Floor area of the priman dwellins unit irthe creation of the ADU does not necessitate an exterior alteration of the residence. except for minimal alterations necessary for the ADU to be a functional separate residence. but ed _10%..f.h_- s, n of dwellingkiflil .. wd:..gwaga. 8. The unit shall have no more than two bedrooms. n + pp!i iali n fell-... a P1 I POH"k shall be made w the leRff af.. pik fi-em the owilef�s� stating 0w tile Ordinance No. 23- Page 23 of 34 Rev 1/22 USE ZONE CHART 1DIRECTIONS: FIRST, read down to find use . _ . THEN. across for REGULATIONS Minimums Maximums ZOitiIE Required Yards Required Required SEi Review (Lot dot Height of (Parking USE REGULATIONS Process :Size Front'Side (each) Rea Coverage Structure Spaces SPECIAL REGULATIONS b .AND NOTES the d.,.ell:.......:ts ,,., the . far Wna_rd, ,se r _ imemb � s ;he leade shall also he Fled as a ,Deed t ' tion with the King .,Fan A Pi 1 the For maintaining the unit as desef:hed in this Gede G ane@llatien of an A PUs e 1:....., letter ...:th the 4 rdo• e1 t4e rl.,.,n N.,,:,int o f „lt A_f an . &Fee,,,e..♦ .,et: ,.. 4-09. For sign requirements that apply to the project. see Chapter 19.140 FWRC. lots tmdep PAIR---- 11: rz n.lnr'7■ 10?. For provisions that relate to the keeping of animals. see Chapter 19.260 FWRC. 114. The director may require the provision of one off-street parking space for an accessory dwelling unit located within one -quarter mile of a major transit stop if the director has determined the accessory dwelling unit is located in an area without access to available street parking within 800 feet of the property. Ordinance No. 23- Page 24 of 34 Rev 1/22 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards 7�iNE Required Required Review (Lot of Height of Parking Process ;Size Fron[Side Rea Coverage Structure Spaces USE REGULATIONS (each) :SPECIAL REGULATIONS 4 b :AND NOTES For other information about Process [. II. I1II and IV are described in parking and parking areas. see Chapter 19FWRC. Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 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. FWRC 19.200.180 is hereby amended to read as follows: 19.200.180 Accessory dwelling units. The following uses shall be permitted in the single-family residential (RS) 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 Maximums Required Yards Required Required R ;Review ]Lot Lot Height of Parking USE REGULATIONS Process 'Size Front Side (each) (Rea Cuverag� (Structure 'Spaces SPECIAL REGULATIONS AND NOTES IG b Accessory dwelling None See In RS 35.0 See 30 ft. 1 1. An accessory dwelling unit unit (ADU) in si{rgle- note zones. note 2 above parking (ADU) shall meet the fafnily residetwe$ 1 average space definition outlined in �0 - 10 10 building FWRC 19.05.04-40. Minimum ft. ft. ft. elevation 0 within lot size for ADUs is based Otherwise: 1/4 mile upon the minimum lot size for of the existing primary dwelling 20 See 5 major unit as set forth in ft. note ft. Ordinance No. 23- I -age 2.) oJ 14 Rev 1 /22 FUSE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums T�)G� Required Yards Required Required R !Review Lot Lot 1Height of Parking USE REGULATIONS Process Size Front Side �(each),SPECIAL Rear COverage.Structure Spaces REGULATIONS AND NOTES b transit FWRC 19.200.010. ADUs may d stop be permitted on a lot with lep-aliv nonconforminy lot size as provided in FWRC_ See note 124 19.105.010(3). 2. Only one ADU may be created per subject property. The ADU. accessory structures and the primary dwelling unit together shall not exceed the maximum lot coverage prescribed in FWRC 19.200.010-. as `� '�T a. in RS 33. — 5019-16. e. innco6—cnoi a 1BRS72-609 wee ru,n r 21(b4.,.- lots.gag 3. An ADU shall be designed so that. to the degree reasonably feasible. the appearance of the building remains that of a single-family residence. The aos:Tr,n and si •f a A ill 1 ...d the all applicable siamiRFdr, OR rho r al F..e eleet.-ieal eGh.,.,:, health, and a etW4 F9F a new nstfuetion All AD Us and n d maFy dwell i.,.. rr3 .14S Shall nln.). eOt the .ti I it. pro,idaF .1 .a i1 a I +.. .�1.. of su fAe ..t water. a w , and/OF ptieSff*iee&� Ordinance No. 23- Page 26 of 34 Rev 1/22 IUSE ZONE CHART (DIRECTIONS: FIRST. read down to find use. .. THEN. across for REGULATIONS Minimums Maximums ZONE (Required Yards Required (Required R Review Lot Lot Height of 1Parking USE REGULATIONS Process :Size Front ;Side Rea (each) Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES b d ADW ! be pFa,idea as PR14 of the applieation. 4. Side yard setback for a corner lot for that portion of the lot not adjacent to the primary vehicular access is 10 feet. otherwise five feet. 5. Refer to Chapter 19.125 FWRC. Outdoors. Yards. and Landscaping. for appropriate requirements. 6. Refer to Chapter F-W$G 19 265:W 4 FWRC ^^�;Tfor regulations regarding other accessory uses and facilities and aetivities associated with this use.1 an ADW. 7. Refer to Chapter 19.270 FWRC For reauIati ns regardinghome ocru ations associated with this use. -78. Attached ADUs may be accessed through the entrance to the primary dwelling unit or through an additional entrance on the side or rear of the residence. Only one entrance is allowed on the front of the residence. R The- p peFt.,EAN'Reff.St months ., mefe of each ..t ., ..rho.- s -r 0.7 nit 9. The ADU. excluding any garage. workshop and similar nonliving areas. shall contain Ordinance No. 23- Page 27 of 34 Rev 1 /22 (USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN. across for REGULATIONS Minimums Maximums Required Yards ENE Required Required Review ;Lot Lot !Height of Parking USE REGULATIONS Process (Size iFronl ;each) 'Side Rear Coverage structure (Spaces SPECIAL REGULATIONS { AND NOTES b no more than 1.000 sq. ft.- An attached ADU may exceed 1.000 s . ft- up to a maximum of the largest floor area or the primary dweliina unit if the creation of the ADU does not necessitate an exterior alteration of the residence. exec t for minimal alterations necessary for (lie ADU to be a functional separate residence but shall not _-lading ally gafag@. ems. The unit shall have no more than two bedrooms. (Continued on next page) Process I, lI, III and IV are described in For other information about L Chapter 19.55 FWRC, parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.1 10.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. 19.200.180 Accessory dwelling units. (Continued) USE ZONE CHART DIRECTIONS: FIRST, read down to find use . , . THEN. across for REGULATIONS Required Minimums Maximums Required ZONE REGULATIONS Review Lot Required Yards Lot Height Parking Q Q Ordinance No. 23- Page 28 of 34 Rev 1 /22 Process ;Size Coverage of Spaces Structure SPECIAL REGULATIONS AND Front 'Side Rea [MOTES USE (each) b ..hall be mad.ite the d,...,..f.. .. i' iR rd.,.,.,_.....+I. the P n..t ,r(..) 810.1r., fl!Ht !he -A-..8�L a Silt .f hn OF Of 1h_,with flie ...I .., d..r t preseae@ of an AP9 the .,d .,.hor r+..,.da ds f..r a • d.,.•e.:bOd �Tfsa. A Pr S registration May be accom.,lisped 1,.- the .. r I-:1i,,., a 10rtar with tale L.a............. a d_,. _ to cae._ eaq eaffifflunky of d.. fied ,1..e as a ..I+ of an 104, For sign requirements that apply to the project. see Chapter 19.140 FWRC. I l A nl 1.. ; ,.,f+.,d . ..I..._..-....h.r...:..:Sol 1015 Wild.,.. PW RC .,_...:.h:., 114. For provisions that relate to the keeping of animals. see Chapter 19.260 FWRC. 124. The director may require the provision of one off-street parking space for an accessory dwelling unit located within one -quarter mile of a major transit stop if the director has determined the accessory dwelling unit is located in an area without access to Ordinance No. 23- Page 29 of 34 Rev 1/22 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards ENE Required Height Required k� Review Lot Lot Parking de USE REGULATIONS Process ;Size Front each) Rear Coverage of Spaces SPECIAL REGULATIONS AND NOTES b available street parking within 800 feet of the property. Process I. II. III and IV are described in Chapter 19.55 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For other information about parking and parking areas. see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards. see FWRC 19.125.160 et seq. Section 12. FWRC 19.250.170 is hereby amended to read as follows: 19.250.170 General provisions. (1) CHDs in the RS zones are permitted as subdivisions, short subdivisions or condominium developments. CHDs in the RM zones are permitted as subdivisions, short subdivisions, condominium developments or multifamily developments. (2) A community building, not exceeding 2,000 square feet, may be provided for the residents of the CHD. Roof pitch, architecture, materials and colors shall be similar to that of the dwelling units within the CHD. (3) An existing single-family home incorporated into a CHD that does not meet the requirements of this chapter is permitted to remain on a site developed for cottage and CSF housing. Modifications or additions to the structure not consistent with the provisions of this chapter shall not be permitted. Ordinance No. 23-_ Page 30 of 34 Rev 1/22 (4) Accessory dwelling units are not permitted in CHDs within the RM zones. (5) CHDs may not utilize the cluster subdivision provisions of FWRC Title 18. (6) For those CHDs processed as formal or short subdivisions, all development standards of this chapter shall be reviewed by the director of community development as a component of the preliminary plat or short plat review process. For all other CHDs the development standards of this chapter shall be reviewed as a component of process III or IV review (see use zone charts for required review process). In either case, this shall include review of conceptual building elevations. Section 13. FWRC 19.265.010 is hereby amended to read as follows: 19.265.010 Accessory uses, buildings, and structures. (1) Generally. As limited by this section, accessory uses, buildings, and structures normally associated with a permitted use, building, or structure are permitted as part of that use, building, or structure. Accessory uses, buildings, or structures must be clearly secondary to the permitted principal uses, buildings, or structures. (2) Authority of director. The director of community development services is authorized to determine if a particular accessory use, building, or structure is normally associated with, clearly secondary to, and actually accessory to the particular permitted principal use, building, or structure. (3) Accessory building height and square footage limits. The height of accessory buildings and structures may not be taller than the primary building or structure regardless of the building height allowed by the zone, except in the case of ADUs which may be taller than the primary building or structure. The total gross square footage of the accessory building must also be less than the total gross square footage of the principal building on the subject property, except in the case of ADUs which may be equal in gross square footage to the principal building. Ordinance No. 23- Page 31 of 34 Rev 1/22 (4) Exceptions and limitations. Where more specific limitations and regulations apply under this title to particular accessory uses or structures, those limitations and regulations supersede the general statements in subsection (1) of this section. Section 14. FWRC 19.270.030 is hereby amended to read as follows: 19.270.030 Home occupation. (1) A home occupation is permitted if it meets all of the following requirements: (a) The structure in which the business is located must be located on the same subject propegLas the primary residence of the business owner. (b) The business must be carried on by a family member(s) who resides on the same subject propertyi h ,swell „v , ,ii4 (c) The use must have no outside storage, exterior indication, or outside activity. (d) The use must not involve those heavy equipment, power tools, or power sources which are not common to a residential use. (e) The use must not involve any pickups or deliveries by commercial vehicles over 26,000 pounds gross vehicle weight rating (GVWR) as defined in RCW 46.25.010. (f) The use must not include more than four persons per day coming to the subject property for goods or services. (g) The use must not create any noise, dust, glare, vibration, odor, smoke, or other impact adverse to a residential area. (2) A home occupation which does not meet the requirements of subsection (1) of this section may be approved using process III, if: (a) It will not harm the character of the surrounding neighborhood; Ordinance No. 23- Page 32 of 34 Rev 1/22 (b) It will not include outdoor storage or operation of machinery, commercial vehicles, building materials, or tools which will be visible or audible from or have an effect on other properties; and (c) It does not create a condition which injures or endangers the comfort, repose, health, or safety of persons. Section 15. FWRC 19.265.020 is hereby repealed in its entirety. Section 16. 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 17. 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 18. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 19. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. [Signatures on following page] Ordinance No. 23- Page 33 of 34 Rev 1/22 PASSED by the City Council of the City of Federal Way this day of , 2023. ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 34 of 34 Rev 1/22 COUNCIL MEETING DATE: N/A ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: QUARTERLY UPDATE - PROGRESS ON COMPREHENSIVE PLAN PERIODIC UPDATE POLICY QUESTION: N/A COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 5, 2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Chane Skadsen, Senior Planner DEPT: Community Development Y_ _.... . ..__..__.. �..... ... -- _ Attachments: N/A Options Considered: N/A MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A DIRECTOR APPROVAL: 4 May 23 • unxnh d Council Initial/Date dual ,uc Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A As approved by the City Council, the Comprehensive Plan Periodic Update Public Participation Plan, planning stall will provide quarterly updates to the Land Use and Transportation Committee. Topics to be presented include community engagement efforts, Comprehensive Plan chapter progress and schedule review. 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 CITY OF FEDERAL WAY MEMORANDUM DATE: June 5, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Keith Niven, AICP CeCD, Interim Community Development Director Chaney Skadsen, Senior Planner �Y—y X,4- SUBJECT: Quarterly Update on the Periodic Update to the Comprehensive Plan I. INTRODUCTION Under the Revised Code of Washington (RCW) 36.70A.130, the city of Federal Way is required to: (1) plan for the succeeding 20-year population and employment growth forecast, and (2) update its comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of the Growth Management Act (GMA). The Periodic Update to the Comprehensive Plan is on schedule to be adopted by December 2024. This presentation is the 5nd quarterly update to share progress with the Land Use and Transportation Committee. II. FINANCIAL IMPACT There is no action associated with this informational update and therefore no financial impact. COUNCIL MEETING DATE: N/A ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROGRESS UPDATE ON SOUND TRANSIT PROJECTS IN FEDERAL WAY POLICY QUESTION: None. COMMITTEE: Lane Use and Transportation Committee MEETING DATE: June 5, 2023 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Kent Smith P.E., Sound Transit Liaison DEPT: Public Works Attachments: 1. Staff Report Options Considered: N/A MAYOR'SRECQMmEX. T ON:rA MAYOR APPROV COMMITTEE RECOMMENDATION: N/A N/A Council lnitiaMate DIRECTOR APPROVAL:_ InitiarOw': Jack Dove , Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: N/A BELOW TO BE COMPLETED BYCITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLEDIDEFERREDINO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 5, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director'` Kent Smith P.E., Sound Transit Liaisonk SUBJECT: Progress Update on Sound Transit Projects in Federal Way Financial Impacts: Notie. Baek round Information: Staff will present the monthly progress update on the Sound Transit projects in the City of Federal Way. Updates for this month include: Federal Way Link Extension: • New electrical connections, communication equipment, and water connections across 23`d Ave S near S 317th St are ongoing. • Roadway paving of new roadway for 23`d Ave S and S 317th St is set to begin in early June • Steelwork and associated support systems for the Federal Way Station is ongoing. • Landscaping, stormwater installation, noise wall construction, systems ductwork, concrete plinths, OCS foundations, sub ballast installation and MSE wall construction is ongoing along the corridor. • Rail delivery and installation continues along the corridor. • Installation of new storm drainage along 23`d Ave S, S 317th St, and S 3201h St continues. • Concrete work for the new garage extension is ongoing with deck and column pours. • Work continues to construct traction power substations with foundation and utility work. OMF South: • No updates since last LUTC meeting. Tacoma Dome Link Extension: No updates since the last LUTC meeting. Rev, 6/2020