ORD 23-958 - Relating to Zoning Amendments to Boost Housing (HAPI)ORDINANCE NO.23-958
AN ORDINANCE of the City of Federal Way, Washington, relating to
incorporating code amendments to the Community Business (BC), City
Center core (CC-C) and City Center frame (CC-F) zones to boost
housing production; amending FWRC 19.95.020, 19.95.030,19.95.040,
19.95.050, 19.110.010, 19.220.050, 19.225.070, and 19.230.060; adding
new sections FWRC 19.95.045,19.95.047, and 19.95.057; and repealing
FWRC 19.95.065. (Amending Ordinance Nos. 90-43, 93-170, 95-249,
96-270, 97-291, 97-293, 97-306, 02-424, 06-515, 06-542, 07-554, 07-559,
08-585, 09-600,10-678, 12-727, 12-735,14-757, 16-822, 17-834).
WHEREAS, the City of Federal Way ("City") recognizes the need to periodically modify
Title 19 of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order
to conform to state and federal law, codify administrative practices, clarify and update land use
and zoning regulations as deemed necessary, and improve the efficiency of the regulations and the
development review process; and
WHEREAS, the Washington Growth Management Act requires that development
regulations be subject to continuing evaluation and review; and
WHEREAS, the City has initiated code amendments intended to increase the production
of housing in the Community Business (BC), City Center core (CC-C) and City Center frame (CC-
F) zones; and
WHEREAS, State agencies received 60-day notice of the proposed amendments on
February 13, 2023 (ID 2023-S-4785); and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to
Chapter 19.35 FWRC; and
WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly
issued for the proposed code amendments on February 17, 2023, no comments were received and
Ordinance No. 23-958 Page I of 32
the DNS was finalized on March 3, 2023, and no appeals were filed and the appeal period has
expired; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on March 15, 2023; and, forwarded a recommendation of approval to
the City Council incorporating additional clarifications to the proposed revisions relating to ground
floor non-residential requirements and increasing predictability for the school district while
preserving City Center incentives; and
WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council
considered these code amendments on April 3, 2023, and recommended adoption of the text
amendments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) The recitals set forth above are hereby adopted and restated as findings of fact.
(b) These code amendments are in the best interest of the residents of the City and will
benefit the City as a whole by removing many of the barriers to the production of housing in the
BC, CC-C, and CC-F zones identified by the City's consultant (Heartland, LLC). By updating the
city code to be more in -step with current market factors, the City anticipates seeing more housing
built within its jurisdiction. This added production is in the best interest of the residents of the
City as there is currently a housing shortage both in the City and the region.
(c) These code amendments comply with Chapter 36.70A RCW, Growth Management.
Ordinance No. 23-958 Page 2 of 32
(d) These code amendments are consistent with the intent and purpose of its title under
FWRC and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
(e) These code amendments bear a substantial relationship to, and will protect and not
adversely affect, the public health, safety, and welfare.
FWRC.
(f) These code amendments have followed the proper procedure required under the
Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes
the following Conclusions of Law with respect to the decisional criteria necessary for the adoption
of the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
LUP 29 Ensure compatibility between non-residential developments and residential zones
by regulating height, scale, setbacks, and buffers.
HP2 Amend development regulations to accommodate a diverse range of housing forms
that are compatible with neighborhood character and create an effective transition between
the City Center, business areas, and residential neighborhoods.
HP8 Consider the economic impact of all development regulations on the cost of housing.
HG3 Develop a zoning code that provides flexibility to produce innovative housing
solutions, does not burden the cost of housing development and maintenance, and
diversifies the range of housing types available in the City.
HG4 Proactively plan for and respond to trends in housing demand.
Ordinance No. 23-958 Page 3 of 32
HP14 Review zoning, subdivision, and development regulations to ensure that they further
housing policies, facilitate infill development and don't create unintended barriers.
(b) The proposed FWRC amendments bear a substantial relationship to the public
health, safety, and welfare because the amendments are intended to result in the construction of
more housing units in the City. Prior to drafting the proposed amendments, the City hired a
consultant (Heartland, LLC) to evaluate existing policies and code language. In addition, the
consultant reached out to developers and property owners prior to developing recommendations
for the City's consideration. The proposed amendments have considered the recommendations
from the consultant and are believed to result in the increased production of housing thereby adding
to the public health, safety, and welfare of the community.
(c) The proposed amendments are in the best interest of the public and the residents of
the City of Federal Way as the proposed FWRC text amendments remove many of the barriers to
the production of housing in the BC, CC-C, and CC-F zones identified by the City's consultant
(Heartland, LLC). By updating the City code to be more in -step with current market factors, the
City should see more housing built within its jurisdiction. This added production is in the best
interest of the residents of the City as there is currently a housing shortage both in the City and the
region. As stated in the Housing Action Plan ("HAP"):
"Housing availability is an urgent and growing challenge in Federal Way. Two out of every
five households are struggling to manage the cost of housing. The lack of supply and resulting cost
pressure is contributing to the displacement of long-term Federal Way residents, a process that can
uproot lives and undermine the social fabric and support structure for many residents." (HAP, pg i)
Section 3. FWRC 19.95.020 is hereby amended to read as follows:
19.95.020 Definitions.
Ordinance No. 23-958 Page 4 of 32
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. To the extent they do not conflict with this section, the definitions in RCW 82.02.090
are adopted and apply throughout this chapter unless the context clearly requires otherwise. Terms
not defined here or in RCW 82.02.090 are defined according to FWRC 1.05.020.
"Capital facilities plan" means the district's capital facilities plan adopted by the school board
consisting of:
(1) A forecast of future needs for school facilities based on the district's enrollment projections;
(2) The long-range construction and capital improvements projects of the district;
(3) The schools under construction or expansion;
(4) The proposed locations and capacities of expanded or new school facilities;
(5) At least a six -year financing plan component, updated as necessary to maintain at least a six -
year forecast period, for financing needed school facilities within projected funding levels, and
identifying sources of financing for such purposes, including bond issues authorized by the voters
and projected bond issues not yet authorized by the voters;
(6) Any other long-range projects planned by the district; and
(7) A recommended impact fee amount per dwelling unit type.
"Classrooms" means educational facilities of the district required to house students for its basic
educational program. Specialized facilities as identified by the district, including but not limited
to gymnasiums, cafeterias, libraries, administrative offices, and child care centers, are not
classrooms.
"Construction cost per student" means the estimated cost of construction of a permanent school
facility in the district for the grade span of school to be provided, as a function of the district's
Ordinance No. 23-958 Page 5 of 32
design standard per grade span and taking into account the requirements of students with special
needs.
"Design standard" means the space required, by grade span and taking into account the
requirements of students with special needs, which is needed in order to fulfill the educational
goals of the district as identified in the district's capital facilities plan.
"Developer" means the person or entity who owns or holds purchase options or other development
control over property for which development activity is proposed.
"Development activity" means any residential construction or expansion of a building, structure or
use, any change in use of a building or structure, or any change in the use of land that creates
additional demand for school facilities.
"Development approval" means any written authorization from the city which authorizes the
commencement of a development activity or use.
"District" means the Federal Way School District No. 210, King County, Washington.
"Elderly" means a person aged 62 or older.
"Encumbered" means to reserve, set aside, or otherwise earmark the impact fees in order to pay
for commitments, contractual obligations, or other liabilities incurred for public facilities.
"Grade span" means the categories into which a district groups its grade of students, i.e.,
elementary school, middle or junior high school, and high school.
"Interlocal agreement" means the interlocal agreement by and between the city and the district as
authorized in FWRC 19.95.090.
Ordinance No. 23-958 Page 6 of '32
"Permanent facilities" means the facilities of the district with a fixed foundation which are not
relocatable facilities.
"Relocatable facility" means any factory -built structure, transportable in one or more sections, that
is designed to be used as an education space and is needed to prevent the overbuilding of school
facilities, to meet the needs of service areas within the district, or to cover the gap between the
time that families move into new residential developments and the date that construction is
completed on permanent school facilities.
"Relocatable facilities cost per student" means the estimated cost of purchasing and siting a
relocatable facility in the district for the grade span of school to be provided, as a function of the
district's design standard per grade span and taking into account the requirements of students with
special needs.
"Site cost per student" means the estimated cost of a site in the district for the grade span of school
to be provided, as a function of the district's design standard per grade span and taking into account
the requirements of students with special needs.
"Standard of service" means the standard adopted by the district which identifies the program year,
the class size by grade span and taking into account the requirements of students with special
needs, the number of classrooms, the types of facilities the district believes will best serve its
student population, and other factors as identified by the district. The district's standard of service
shall not be adjusted for any portion of the classrooms housed in relocatable facilities which are
used as transitional facilities or for any specialized facilities housed in relocatable facilities. Except
as otherwise defined by the school board pursuant to a board resolution, "transitional facilities"
shall mean those facilities that are used to cover the time required for the construction of permanent
Ordinance No. 23-958 Page 7 of '32
facilities called for in the capital facilities plan, where the district has the necessary financial
commitments in place to complete the permanent facilities.
"Student factor" means the number derived by the district to describe how many students of each
grade span are expected to be generated by a dwelling unit. Student factors shall be based on
district records of average actual student generation rates for new developments constructed over
a period of not more than five years prior to the date of the fee calculation, unless such information
is not available in the district, in which case data from adjacent districts, districts with similar
demographics, or county -wide averages may be used. Student factors must be separately
determined for single-family and multifamily dwelling units, and for grade spans.
Section 4. FWRC 19.95.030 is hereby amended to read as follows:
19.95.030 Impact fee program elements.
(1) Impact fees will be assessed on all residential development activity in the city based on the
provisions of this chapter Furor 19.95.050.
(2) The impact fee imposed shall be reasonably related to the impact caused by the development
and shall not exceed a proportionate share of the cost of system improvements that are reasonably
related to the development.
(3) The recommended impact fee imposed shall be based on a capital facilities plan developed by
the district and approved by the school board, and adopted by r-efer-enee by the eity as pai4 of
Section 5. FWRC 19.95.040 is hereby amended to read as follows:
19.95.040 Recommended Wee calculations.
(1) The recommended impact fees calculation for the district shall be ^^'^•based on the
formula set forth in Exhibit A attached to the original ordinance codified in this chapter. A copy of
Ordinance No. 23-958 Page 8 of '32
the fee calculation formula shall be kept on file with this ordinance in the office of the Federal Way
city clerk. Such formula shall take into account the following: The capital facilities needs of the
district as identified in the capital facilities plan, the district's student generation rates for single-
family and multifamily dwelling units, the school site and school construction costs per student per
grade level, the district's standard of service, and the relocatable facilities cost per student per grade
level.
(2) Separate fees shall be calculated for single-family and multifamily dwelling units, and separate
student generation rates must be determined by the district for each type of dwelling unit. For
purposes of this chapter, manufactured homes shall be treated as single-family dwelling units and
duplexes shall be treated as multifamily dwelling units.
(3) The recommended fee calculations shall be made on a district -wide basis to assure maximum
utilization of all school facilities in the district currently used for instructional purposes. Impact
fees shall be calculated annually and set forth in a -the city fee schedule .,.aopte.7 by eity ,.,,,,, ei
pursuant to FWRC 19.95.100 and 19.95.110.
(4) The formula in Exhibit A provides a credit for the anticipated tax contributions that would be
made by the development based on historical levels of voter support for bond issue in the district,
which historical levels shall be determined by the district.
(5) The formula also provides for a credit for school sites or facilities actually provided by a
developer which the district finds to be acceptable as provided for in FWRC 19.95.060.
Section 6. FWRC 19.95.050 is hereby amended to read as follows:
19.95.050 Assessment of impact fees.
(1) The city shall collect school impact fees in the amounts specified in the fee schedule
adopted by city council, from any applicant seeking development approval from the city where
Ordinance No. 23-958 Page 9 of '32
such development activity requires the issuance of a residential building permit or a manufactured
home permit.
(2) For all applications for single-family, multifamily residential building permits, and
manufactured home permits, the total amount of the impact fees shall be assessed calculated at the
time of the earliest complete application for a development approval required for the development
activity using the fee schedule then in effect and shall be collected from the applicant when the
residential building permit or manufactured home permit is issued, „sing the fee schedule then ;,,
effeet. Notwithstanding the foregoing, for all residential building permits or manufactured home
permits associated with the development activity not issued within two years of the earliest
complete application for a development approval applicable to the development activity, the total
amount of the impact fees for such permits shall instead be calculated and collected at the time
each permit is issued, using the fee schedule then in effect. Irrespective of the date that the
application for a residential building permit or manufactured home permit was submitted, no
permit shall be issued until the required school impact fees set forth in the fee schedule have been
paid, except as authorized under FWRC 19.95.055.
(3) No less than 60 days prior to the end of the two-year period in FWRC 19.95.050(2), an
aqpplicant may submit a written request with supporting documentation to the department of
community development requesting an extension of the two -.period for up to one additional
year. The community development director mayqpprove such a request only if it meets the
following criteria:
(a) The applicant has made substantial progress toward residential building permit or
manufactured home permit issuance since the complete application for the development
gpproval;
Ordinance No. 23-958 Page 10 of 32
(b) There are circumstances beyond the applicant's control which prevented issuance of
the residential building permit or manufactured home permit; and
(c) The extension will not create or continue conditions that constitute a code violation or
an attractive nuisance, contribute to erosion and sedimentation problems, or impact the
public health, safety, and welfare.
Determinations of the community development director under this section shall be subject to the
appeal procedures set forth in FWRC 19.95.070.
Section 7. FWRC 19.110.010 is hereby amended to read as follows:
19.110.010 Affordable housing regulations
(1) Purpose. To provide affordable housing to the citizens of Federal Way and to comply with the
Growth Management Act and the county -wide planning policies for King County.
(2) Affordable housing defined. "Owner -occupied affordable housing" means dwelling units that
are offered for sale at a rate that is affordable to those individuals and families having incomes that
are 80 percent or below the median county income. "Rental affordable housing" means dwelling
units that are offered for rent at a rate that is affordable to those individuals and families having
incomes that are 50 percent or below the median county income.
(3) Multiple family developments; senior citizen housing; assisted living facilities; townhouse
development; zero -lot line townhouse development; mixed -use projects; and cottage housing in
multifamily zones. New projects involving 25 dwelling units or more are required to provide
affordable dwelling units as part of the project. At least two dwelling units, or four percent of
the total number of proposed units rounded down to the nearest whole number, whichever is
greater, shall be affordable. Projects including affordable dwelling units may exceed the maximum
allowed number of dwelling units as follows:
Ordinance No. 23-958 Page 11 of 32
(a) One bonus market rate unit for each affordable unit included in the project; up to 10
percent above the maximum number of dwelling units allowed in the underlying zoning
district.
Affordable dwelling units required under the provisions of this subsection in the BC, CC-F, and
CC-C zones shall be exempt from parking space requirements.
(4) Single-family developments. New single-family developments in the RS-35, RS-15, RS-9.6,
and RS-7.2 zoning districts have the option of providing affordable dwelling units as part of the
project. Projects including affordable dwelling units may reduce minimum lot size as follows:
(a) Those lots in a new single-family conventional subdivision or short subdivision which
are proposed to contain affordable dwelling units may be reduced in area by up to 20 percent
of the minimum lot size of the underlying zoning district; provided, that the overall number
of dwelling units in the subdivision may not exceed 10 percent of the maximum number of
units allowed in the underlying zoning district.
(5) Provisions for affordable housing for cottage housing development in single-family residential
zones are set forth in Chapter 19.250 FWRC.
(6) Duration. An agreement in a form approved by the city must be recorded with King County
department of elections and records requiring affordable dwelling units which are provided under
the provisions of this section to remain as affordable housing for a minimum
of 50 years. This agreement shall be a covenant running with the land, binding on the assigns, heirs
and successors of the applicant.
Section 8. FWRC 19.220.050 is hereby amended to read as follows:
19.220.050 Multifamily dwelling units
Ordinance No. 23-958 Page 12 of 32
(a) One bonus market rate unit for each affordable unit included in the project; up to 10
percent above the maximum number of dwelling units allowed in the underlying zoning
district.
Affordable dwelling units required under the provisions of this subsection in the BC, CC-F, and
CC-C zones shall be exempt from parking space requirements.
(4) Single-family developments. New single-family developments in the RS-35, RS-15, RS-9.6,
and RS-7.2 zoning districts have the option of providing affordable dwelling units as part of the
project. Projects including affordable dwelling units may reduce minimum lot size as follows:
(a) Those lots in a new single-family conventional subdivision or short subdivision which
are proposed to contain affordable dwelling units may be reduced in area by up to 20 percent
of the minimum lot size of the underlying zoning district; provided, that the overall number
of dwelling units in the subdivision may not exceed 10 percent of the maximum number of
units allowed in the underlying zoning district.
(5) Provisions for affordable housing for cottage housing development in single-family residential
zones are set forth in Chapter 19.250 FWRC.
(6) Duration. An agreement in a form approved by the city must be recorded with King County
department of elections and records requiring affordable dwelling units which are provided under
the provisions of this section to remain as affordable housing for the life of the project. This
agreement shall be a covenant running with the land, binding on the assigns, heirs and successors
of the applicant.
Section 8. FWRC 19.220.050 is hereby amended to read as follows:
19.220.050 Multifamily dwelling units
Ordinance No. 23-958 Page 12 of 32
The following uses shall be permitted in the community business (BC) zone subject to the
regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
nON
Required Yards
Required
Height of
Required
Review
Lot
Side
Structure
Parking
USE REGULATIONS
Process
Size
Front
(each)
Rear
S p aces
SPECIAL REGULATIONS AND
NOTES
Multifamily
Process
None
Same as these
65 ft.
See notes
1. All nonresidential ground floor
dwelling units
II or,
regulations for
above
-54 — 97
spaces must have a minimum
(stacked dwelling
with
ground floor
average
floor -to -ceiling height of 13 ft.
units)
SEPA,
use except 20
building
Affordable
and a minimum depth of 15 ft.
dwelling
Process
ft. abutting
elevation
2. Building height may not
III
single-family
(ABE)
units: 0
exceed 30 ft. above average
residential
for each
building elevation for the portion
zones
See note
unit
of the building located within
See notes 2
2
100 ft. from a single-family
and 4-413
residential zone.
3 III by*lrl'Rgs except fer related
ad(iR StrU Et pros up to 65 f+
height (six steries)Rqi ir+ he
With FeefS U RIess
gabled pitched
the building is taller+haA R5 f+
(three that
steries) with a eftep
.,+r_611-11lh6 �+os +., the multifamily
+�
43. Multi -unit housing and
accessory living facilities may be
located on the ground floor of a
structurebuildings on the
subject property only as f sl. ws-
k, cif ground floo0evel space that
spans at least 6940 percent of
the total length of the buildings
a iacent to the pri—i—I
faccadde l,f
cernmerc-al a
b ildiRgs w bjec+ rip mart'
vehicular access, as determined
by the director, is occupied with
one or more other permitted
use(s) that is open to the
public as all.,. ed iR this ZeRej
Ordinance No. 23-958 Page 13 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
nZONRequired
Required Yards
Height of
Required
Review
Lot
Side
Structure
Parking
USE REGULATIONS
Process
Size
Front
(each)
Rear
S p aces
SPECIAL REGULATIONS AND
NOTES
spaRs at least nn Af the
percent
total length of all other street_
faciR . f-ar-a.des .,f -II buildings
iod w4h . Ather
o(s) allowed in this
Parking in conjunction with other
uses allowed in this zone may
also be located on the ground
floor of the structure if non -
visible from the right-of-way or
public areas.
-54. For 100 dwelling units or
more on a subject property, 25
percent of parking shall be
underground or on the first floor
within the building footprint,
except for visitor parking, which
can be surface parking.
65. Parking spaces shall be
provided as follows:
Efficiency dwelling units— 1.0
per unit
Studio dwelling units — 1.25
per unit
One bedroom dwelling units —
1.5 per unit
Dwelling units with two
bedrooms or more — 2.0 per unit.
-76. Dwelling unit parking stalls
are in addition to required
parking for all nonresidential
ground floor uses.
87. Alternatively, applicant may
choose to submit a parking
study in accordance with
FWRC 19.130.080(2).
-98. Chapter 19.265 FWRC
contains regulations regarding
accessory uses, buildings and
structures. Accessory dwelling
units are not permitted.
Ordinance No. 23-958 Page 14 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
nZONRequired
Required Yards
Height of
Required
Review
Lot
Side
Structure
Parking
USE REGULATIONS
Process
Size
Front
(each)
Rear
S p aces
SPECIAL REGULATIONS AND
NOTES
4-09. Chapter 19.270 FWRC
contains regulations regarding
home occupations.
(Continued on next page)
Process I, II, III and IV are described in
For other information about
Chapter 19.55 FWRC,
parking and parking areas, see
Chapter 19.60 FWRC,
Chapter 19.130 FWRC.
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For details of what may exceed
this height limit, see
FWRC 19.110.050 et seq.
For details regarding required
yards, see FWRC 19.125.160 et
seq.
I19.220.050 Multifamily dwelling units. (Continued)
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required YardspryE
Required
Height
Required
Review
Lot
of
Parking
Process
Size
Front
Side
Rear
Structure
Spaces
USE REGULATIONS
(each)
SPECIAL REGULATIONS AND NOTES
b
1410. The subject property must
provide usable open space in a total
amount equal to at least 150 sq. ft. per
dwelling unit, and may include private
spaces such as yards, patios, and
balconies, as well as common areas
such as playgrounds, recreation rooms,
plazas, rooftop terraces, pools, active
lobbies, atriums, or other areas the
Ordinance No. 23-958 Page 15 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards ZONE
Required Height Required
Review Lot of Parking
Process Size Front Side Rear Structure Spaces
USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES
b
director deems appropriate. A
minimum of 25 percent of the usable
open space provided must be common
open space. Private open space such as
a patio, porch, balcony, or yard may be
credited toward total residential usable
open space, if such private open space
is a minimum of 48 square feet and has
a minimum dimension of six feet.
4211. No maximum lot coverage is
established. Instead, the buildable area
will be determined by other site
development requirements, e.g.,
required buffers, parking lot
landscaping, surface water facilities,
among others.
4-312. For community design guidelines
that apply to the project, see
Chapter 19.115 FWRC.
4413. Refer to Chapter 19.125 FWRC,
Outdoors, Yards, and Landscaping, for
appropriate requirements.
4-14. For sign requirements that apply
to the project, see
Chapter 19.140 FWRC.
4-615. For affordable housing
requirements, see FWRC 19.110.010.
4�16. For provisions that relate to the
keeping of animals, see
Chapter 19.260 FWRC.
Process I, II, III and IV are described in For other information about parking
Chapter 19.55 FWRC, and parking areas, see
Chapter 19.60 FWRC, Chapter 19.130 FWRC.
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For details of what may exceed this
height limit, see FWRC 19.110.050 et
seq.
Ordinance No. 23-958 Page 16 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards ZONE
Required Height Required
Review Lot of Parking
Process Size Front Side Rear Structure Spaces
USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES
b
For details regarding required yards,
see FWRC 19.125.160 et seq.
Section 9. FWRC 19.225.070 is hereby amended to read as follows:
19.225.070 Multifamily dwelling units, senior citizen, or special needs housing
The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations
and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards
ZONE
Required
Height
Required
C-C
Review
Lot
of
Parking
USE REGULATIONS
Process
Size
Front
Side
(each)
Rear
Structure
Spaces
SPECIAL REGULATIONS AND
NOTES
Multifamily
Process
None
Multifamily
70 ft.
Multifamily
1. The city may, using process
dwelling units
II
dwelling units,
or
dwelling
III, modify required yard,
(stacked dwelling
Possible
senior housing,
200 ft.
units: 1 per
height, lot coverage, and other
units)
Process
or special
unit if
site design and dimensional
III
needs housing:
See
underground
requirements for a proposed
Senior citizen or
same as these
notes 1
or in
development that meets the
special needs
See
regulations for
a
structured
following criteria:
housing (stacked
note 1
ground floor
parking or
a. The proposed
dwelling units)
use
1.7 per unit
development will be consistent
if surface
with the adopted
Stand-alone
parking
comprehensive plan policies
senior citizen
for this zone; and
or special
See notes
b. The proposed
needs housing:
2416 — 2419
development will be consistent
20
5 ft.
5
with the applicable design
ft.
ft.
Senior
guidelines; and
citizen
c. The street, utilities, and
See notes 1, 2
housing: 1
other infrastructure in the area
and a 210
for each unit
Ordinance No. 23-958 Page 17 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
ZONE
Required Yards
Required
Height
Required
C-
USE REGULATIONS
Review
Process
Lot
Size
Front
Side
(each)
Rear
of
Structure
Parking
Spaces
SPECIAL REGULATIONS AND
NOTES
are adequate to support the
Special
proposed development.
needs
2. No setback is required
housing: 0.5
adjacent to rights -of -way for
for each unit
senior citizen and special needs
housing, when publicly visible
Affordable
street-scape amenities, as
dwelling
defined in FWRC 19.05.190, are
units: 0 for
located along the right-of-way;
each unit
the siting and design of which
shall be approved by the
director.
3. The nd fleer
eRtire g Must
be utilized with retail space(s)
.,i+h m fleer-te-
eiling height of 13 ft. A
minimum of 15% of the
ground floor must be
comprised of non-residential
uses open to the public.
Where any portion of the
subject property is located
adiacent to the intersection of
multiple streets, the ground
floor space for a distance of 50
feet from the nearest point of
the subject property to any
such street intersection, shall
be limited to Entertainment or
Retail uses. Ground floor space
limited to entertainment or
retail uses under the preceding
sentence may count toward
the 15% non-residential use
requirement under this note.
n RLat;W ;;'W od ir, +hir
ay be An the
zeRe peFmitted
fleer of stacked
gFeUr,d
ci+'7speelal R
he Sir ;minimurn fl.,.,r_
g with
+e ceiling heig4t-ef 12 f+
Ordinance No. 23-958 Page 18 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
ZONE
Required Yards
Required
Height
Required
C-
USE REGULATIONS
Review
Process
Lot
Size
Front
Side
(each)
Rear
of
Structure
Parking
Spaces
SPECIAL REGULATIONS AND
NOTES
-54. Primary building entries to
residential, retail, or parking
must face an arterial street with
no multifamily residential
ground -floor parking visible
from arterial streets.
ti All b it diRgs except fe
related structures up
pad(ir,
to tiC fr in height (six steries
s+ be with
gabled pitched
.,f.- U Rless the b uil.diRg is
+_aIler+han 25 f+ (three
steFieS
with eftep that Rtrib tee
to the multifamily epeR spa
7-5. Building height may be
increased from the permitted
outright height of 70 ft. to 200
ft. in exchange for providing
publicly visible streetscape
amenities, as defined in
FWRC 19.05.190, along the
right-of-way; the siting and
design of which shall be
approved by the director.
96. The subject property must
provide usable open space in a
total amount equal to at least
100 sq. ft. per dwelling unit
and may include private open
spaces such as yards, patios,
and balconies, as well as
common open spaces such as
plazas, playgrounds, recreation
rooms, rooftop terraces, p-
patches, pools, active lobbies,
and atriums. A minimum of 25
percent of the usable open
space provided must be
common open space. All
eligible usable open space shall
Ordinance No. 23-958 Page 19 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
ZONE
Required Yards
Required
Height
Required
C-
Review
Lot
of
Parking
USE REGULATIONS
Process
Size
Front
Side
(each)
Rear
Structure
Spaces
SPECIAL REGULATIONS AND
NOTES
also meet the requirements
specified in FWRC 19.115.115.
A fee -in -lieu payment may be
utilized for up to 50 percent of
the usable open space as
specified in FWRC 19.115.115.
-97. Any common open space
requirements for senior
housing or special needs
housing may be reduced at the
discretion of the director, if an
open space study documents
that less common open space
will be adequate to serve the
needs of the residents.
(Continued on next page)
Process I, II, III and IV are described in For other information about
Chapter 19.55 FWRC, parking and parking areas, see
Chapter 19.60 FWRC, Chapter 19.130 FWRC.
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For details of what may exceed
this height limit, see
FWRC 19.110.050 et seq.
For details regarding required
yards, see FWRC 19.125.160 et
seq.
I19.225.070 Multi -unit housing. (Continued)
Ordinance No. 23-958 Page 20 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
ZONE
Required Yards
Required
Height
Required_
USE REGULATIONS
Review
Process
Lot
Size
Front
Side
(each)
Rear
of
Structure
Parking
Spaces
SPECIAL REGULATIONS AND NOTES
b
408. No maximum lot coverage is
established. Instead, the buildable area
will be determined by other site
development requirements, e.g.,
required buffers, parking lot
landscaping, surface water facilities,
among others.
449. For community design guidelines
that apply to the project, see
Chapter 19.115 FWRC.
4-210. Refer to Chapter 19.125 FWRC,
Outdoors, Yards, and Landscaping, for
appropriate requirements.
4-11. For sign requirements that apply
to the project, see
Chapter 19.140 FWRC.
4412. Chapter 19.265 FWRC contains
regulations regarding accessory uses,
buildings and structures. Accessory
dwelling units are not permitted.
4-13. Chapter 19.270 FWRC contains
regulations regarding home
occupations.
4614. For affordable housing
requirements, see FWRC 19.110.010.
4�15. For provisions that relate to the
keeping of animals, see
Chapter 19.260 FWRC.
oorJ -A Wtal d fleeF A
g R
r der the ., r.f
d by the
FWRC 19.110.00,
o ve
dorp.c#pr fAr . ;ddotoA < < -c-h
features; p ..4ded that such
d.ditie (S) shall 1 nnn ft.
a Ret exceed sq.
per
month period.
Ordinance No. 23-958 Page 21 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards ZONE
Required Height Required_
Review Lot of Parking
Process Size Front Side Rear Structure Spaces
USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES
b
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
19N n e+han 1 000sq f+ .,f
SiR _r+.,r" nS+rY Gti n may GGELIF OR
ed n.dor the n A
20. Multiple stE)iy buildings are not
subject tG Retes 18 and 19; r vide J
that each fleer cen+airs g 1p;p# 75
percon+ of the gross q f+ of the floor
holAmf It and rentains a retail e
2416. Parking may be provided
underground or above ground in
structured parking or may be
permitted as surface parking.
2417. Dwelling unit parking stalls are in
addition to required parking for all
nonresidential ground floor uses.
2-318. Surface parking areas for
multifamily development must be
located so that they are not visible
from arterials or pedestrian oriented
walkways. When determined by the
community development director or
designee that such requirement is not
feasible, surface parking may be
screened from public view by a
compact evergreen hedge, a solid wall
or fence, or in a manner approved by
the community development director
or designee.
2419. Required parking may be
reduced under the provisions of
FWRC 19.130.020(3) (a), (b), (c), and (d).
For other information about parking
and parking areas, see
Chapter 19.130 FWRC.
Ordinance No. 23-958 Page 22 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards ZONE
Required Height Required_
Review Lot of Parking
Process Size Front Side Rear Structure Spaces
USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES
b
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For details of what may exceed this
height limit, see FWRC 19.110.050 et
seq.
For details regarding required yards,
see FWRC 19.125.160 et seq.
Section 10. FWRC 19.230.060 is hereby amended to read as follows:
19.230.060 Multifamily dwelling units, senior citizen, or special needs housing
The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations
and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards
ZONE
Required
Height
Required
C -F
Review
Lot
of
Parking
USE REGULATIONS
Process
Size
Front
Side
(each)
Rear
Structure
Spaces
SPECIAL REGULATIONS AND
NOTES
Multifamily
Process
None
Multifamily
70 ft.
Multifamily
1. The city may, using process
dwelling units
II
dwelling units,
or
dwelling
III, modify required height,
(stacked dwelling
Possible
senior housing,
85 ft.
units: 1 per
yard, landscape and other site
units)
Process
or special
unit if
design and dimensional
III
needs housing:
See
underground
requirements for a proposed
Senior citizen or
Same as these
notes 1,
or in
development that meets the
special needs
See
requirements
-53 and
structured
following criteria:
housing (stacked
note 1
for ground
664
parking or
a. The proposed
dwelling units)
floor use
1.7 per unit
development will be consistent
if surface
with the adopted
Stand-alone
parking
comprehensive plan policies
senior citizen
for this zone; and
or special
needs housing:
Ordinance No. 23-958 Page 23 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Required
Minimums
Height
Required
ZONE
C -F
Required Yards
USE REGULATIONS
Review
Process
Lot
Size
Front
Side
(each)
Rear
of
Structure
Parking
Spaces
SPECIAL REGULATIONS AND
See notes
NOTES
b. The proposed
20
5 ft.
5
ft.
ft.
2416 - 2318
development will be consistent
Senior
citizen
with applicable design
guidelines; and
c. The street utilities and
See notes -�7
6,4, 8, and 10,
and 2
housing: 1
other infrastructure in the area
for each unit
are adequate to support the
proposed development.
Special
2. All buildings except fe
needs
related structures up
paF'(*Rg
housing:
to 65 f+ In height (six series
0.5 for each
must be gabled with
pitched
unit
FGGfS, Y Rless the b il.diRg is
taller than 35 f+
Affordable
(three stories
with a eftep +h-a+ ce,ntr;"„+or
dwelling
to the multifamily epeR spa
units: 0 for
.__eRt
each unit
-32. Multi -unit housing and
accessory living facilities may
be located on the ground floor
of a structure ter+ re buildings on the
subiect property only a-s
fe14ew&4a4-if ground floorieve4
space that spans at least 6040
percent of the total length of
the buildings adjacent to the
farad-e
pFiRcipalcernme.rcial of
all buildings s bjec+ rlp Lmary
vehicular access, as determined
by the director, is occupied
with one or more other
permitted use(s) that is open to
the public.as allowed OR +
that least nn
space spaRs at
of the total I. Rgth of
pe.,Rt
all ether street faqir faead
g
of all b ildiRgS occupied - +h
a1.1A- ^ ed O.A. +his z e R e. Parking in
conjunction with other uses
Ordinance No. 23-958 Page 24 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards
ZONE
Required
Height
Required
C —F
Review
Lot
of
Parking
USE REGULATIONS
Process
Size
Front
Side
(each)
Rear
Structure
Spaces
SPECIAL REGULATIONS AND
NOTES
allowed in this zone may also
be located on the ground floor
of the structure if non -visible
from the right-of-way or public
areas.
4. Commercial uses allowed LR
this ZeRe may be .,
permitted
the fleer of stacked
ground
+'�seF o d�
pecial
hG 1SiR . with arAinimurn fle r_
+.,_Eeiling height of 13 f+
-53. Building height may be
increased from the permitted
outright height of 70 ft. to 85
ft. in exchange for providing
publicly visible streetscape
amenities, as defined in
FWRC 19.05.190, along the
right-of-way; the siting and
design of which shall be
approved by the director.
64. Structures on property that
adjoins a single-family
residential zone shall be set
back a minimum of 20 ft. from
the property line adjacent to
the single-family residential
zone. The height of structures
shall not exceed 30 ft. above
average building elevation
when located within 100 ft.
from such property line.
-75. The subject property must
provide usable open space in a
total amount equal to at least
100 sq. ft. per dwelling unit
and may include private spaces
such as yards, patios, and
balconies, as well as common
open spaces such as plazas,
playgrounds, recreation rooms,
Ordinance No. 23-958 Page 25 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards
ZONE
Required
Height
Required
C -F
Review
Lot
of
Parking
USE REGULATIONS
Process
Size
Front
Side
(each)
Rear
Structure
Spaces
SPECIAL REGULATIONS AND
NOTES
rooftop terraces, p-patches,
pools, active lobbies, and
atriums. A minimum of 25
percent of the usable open
space provided must be
common open space. All
eligible usable open space shall
also meet the requirements
specified in FWRC 19.115.115.
A fee -in -lieu option is available
for up to 50 percent of the
usable open space as specified
in FWRC 19.115.115.
(Continued on next page)
Process I, II, III and IV are described in For other information about
Chapter 19.55 FWRC, parking and parking areas, see
Chapter 19.60 FWRC, Chapter 19.130 FWRC.
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
For details of what may exceed
this height limit, see
FWRC 19.110.050 et seq.
For details regarding required
yards, see FWRC 19.125.160 et
seq.
19.230.060 Multifamily dwelling units, senior citizen, or special
needs housing. (Continued)
Ordinance No. 23-958 Page 26 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards}N�
Required
Height
Requiredv_�'
Review
Lot
of
Parking
Process
Size
Front
Side
Rear
Structure
Spaces
USE REGULATIONS
(each)
SPECIAL REGULATIONS AND NOTES
b
86. Any common open space
requirements for senior housing or
special needs housing may be reduced
at the discretion of the director, if an
open space study documents that less
common open space will be adequate
to serve the needs of the residents.
97. No maximum lot coverage is
established. Instead, the buildable area
will be determined by other site
development requirements, e.g.,
buffers, parking lot landscaping,
surface water facilities, among others.
--98. No setback is required adjacent to
rights -of -way for senior citizen and
special needs housing, when publicly
visible streetscape amenities, as
defined in FWRC 19.05.190, are located
along the right-of-way, the siting and
design of which shall be approved by
the director.
449. For community design guidelines
that apply to the project, see
Chapter 19.115 FWRC.
4410. Refer to Chapter 19.125 FWRC,
Outdoors, Yards, and Landscaping, for
appropriate requirements.
a-311. For sign requirements that apply
to the project, see
Chapter 19.140 FWRC.
4412. Chapter 19.265 FWRC contains
regulations regarding accessory uses,
buildings and structures. Accessory
dwelling units are not permitted.
4- 13. Chapter 19.270 FWRC contains
regulations regarding home
occupations.
4b14. For affordable housing
requirements, see FWRC 19.110.010.
Ordinance No. 23-958 Page 27 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
USE REGULATIONS
b
Required
Review
Process
Minimums
Height
of
Structure
Requiredv_�'
Parking
Spaces
SPECIAL REGULATIONS AND NOTES
Lot
Size
Required Yards}N�
Front
Side
(each)
Rear
4- 15. For provisions that relate to the
keeping of animals, see
FWRC 19.260.010 et seq.
18SiRgle-stery bull JiRgS .v et
total floor
exceed a ground area e
16,000 sq. ft., unless approved
gress
r,.der the r .,f
FWRC 19.110.00, by the
er approved
rdira.+r.r fAr r, wldotopn,; -r-h
features; ryi do.d that such
ddit' shall neet 1 fr
a R(S) exceed ,nnn sq
r b in 12
uIl.diRg aRy one conseEutive
r +h r ed
19. Ne mere +haR 16,000 sq f+ of new
or+., diR .
subject exclu
by the .dire.-+r.r note
appreved under
29. Multiple Ster., b it diRgs aFe et
abeve' ..pre
i.d...d that PAPIQ flAAr r.r AtAiA+
least 75 r or,+ the f+ f
of gress sq.
the fleer holA w at aR d .-eRtaiRs a
IR +hgr.
e(s)
priReir,al permitted
2-16. Parking may be provided
underground or above ground in
structured parking or may be
permitted as surface parking.
2-217. Dwelling unit parking stalls are in
addition to required parking for all
nonresidential ground floor uses.
2- 18. Required parking may be
reduced under the provisions of
FWRC 19.130.020(3) (a), (b), (c), and (d).
Process I, II, III and IV are described in IT
Ordinance No. 23-958 Page 28 of 32
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
Required Yards ZONE
Required Height Required _
Review Lot of Parking
Process Size Front Side Rear Structure Spaces
USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES
b
Chapter 19.55 FWRC, For other information about parking
Chapter 19.60 FWRC, and parking areas, see
Chapter 19.65 FWRC, Chapter 19.130 FWRC.
Chapter 19.70 FWRC respectively.
For details of what may exceed this
height limit, see FWRC 19.110.050 et
seq.
For details regarding required yards,
see FWRC 19.125.160 et seq.
Section 11. A new section FWRC 19.95.045 is hereby added to Chapter 19.95 FWRC to
read as follows:
19.95.045 Impact fee maximum.
(1) For developments in the CC-C, CC-F, or BC zones, notwithstanding the recommended fee
calculation under FWRC 19.95.040, the impact fee assessed under FWRC 19.95.040 for studio,
one bedroom, and two -bedroom dwelling units in the development may not exceed $0.
(2) For other dwelling units in developments in the CC-C, CC-F, or BC zones, and developments
outside the CC-C, CC-F, and BC zones, notwithstanding the recommended fee calculation under
FWRC 19.95.040, the impact fee assessed under FWRC 19.95.040 may not exceed:
(a) $3,604.00 per single-family dwelling unit; or
(b) $2,222.00 per multifamily dwelling unit.
(3) Starting in 2025, the impact fee maximum established in FWRC 19.95.045(2) shall be
increased by 5% or by the percentage change in the previous calendar year's average monthly
Ordinance No. 23-958 Page 29 of 32
Engineering News -Record (ENR) Seattle Area Construction Cost Index values, relative to the
correspondingaverage verage monthly ENR Construction Cost Index values for the preceding year, as
calculated from August 1 st through July 31 st, whichever is lower.
Section 12. A new section FWRC 19.95.047 is hereby added to Chapter 19.95 FWRC to
read as follows:
19.95.047 Council discretion in adopting impact fee.
As provided in FWRC 19.95.040 and 19.95.045, the impact fee adopted by council in the fee
schedule shall be based on the recommended fee calculation, and no higher than the impact fee
maximum. The city council may, at its discretion, impose a lesser impact fee than the
recommended fee calculation amount and/or impact fee maximum.
Section 13. A new section FWRC 19.95.057 is hereby added to Chapter 19.95 FWRC to
read as follows:
19.95.057 Administrative fees.
(1) For each impact fee imposed, there shall be charged an administrative fee for the administration
of the school impact fee program in the amount specified in the city fee schedule. The
administrative fee shall be deposited into an administrative fee account within the school impact
fee fund provided for in FWRC 19.95.080. Administrative fees shall be used onlv to defrav the
cost incurred by the city performing actions related to implementation of this chapter and update
of the school impact fee program. The administrative fee is not creditable or refundable.
(2) The administrative fee shall be paid by the applicant at the same time as the impact fee.
Section 14. FWRC 19.95.065 is hereby repealed in its entirety.
Section 15. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
Ordinance No. 23-958 Page 30 of 32
ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to any other persons
or circumstances.
Section 16. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 17. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 18. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way this 6th day of June, 2023.
[signature to follow]
Ordinance No. 23-958 Page 31 of 32
CITY OF FEDERAL WAY:
ATTEST:
wp�
SfJPHJkNlE COURTNEY, C C CITY CLERK
APPROVED AS TO FORM-
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 06/06/2023
PASSED BY THE CITY COUNCIL: 06/06/2023
PUBLISHED: 06/09/2023
EFFECTIVE DATE: 06/14/2023
ORDINANCE NO.: 23-958
Ordinance No. 23-958 Page 32 of 32