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
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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
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Federal Way Community Business Zoning:
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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