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06-21-2023 Planning Commission Agenda Packet PLANNING COMMISSION REGULAR MEETING AGENDA City Hall – Council Chambers June 21, 2023 – 5:00 p.m. 1. CALL MEETING TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES Planning Commission Meeting of June 7, 2023 4. PUBLIC COMMENT 5. COMMISSION BUSINESS a. Public Hearing: Residential Open Space Amendments to Subdivision and Zoning Codes 6. STAFF BUSINESS Manager’s Report 7. NEXT MEETING June 21, 2023 5:00 p.m. – Regular Meeting 8. ADJOURNMENT Planning Commission meetings are held in-person. To request accommodation to attend or to provide public comment virtually, please contact Samantha Homan at 253-835-2601 or samantha.homan@cityoffederalway.com, no later than 5:00 p.m. on Tuesday, June 20, 2023. Commissioners City Staff Lawson Bronson, Chair Keith Niven, Community Development Director Vickie Chynoweth, Vice Chair Samantha Homan, Office Manager Diana Noble-Gulliford www.cityoffederalway.com Tom Medhurst Tim O’Neil Anna Patrick Jae So Sanyu Tushabe, Alternate PLANNING COMMISSION REGULAR MEETING AGENDA City Hall – Council Chambers June 7, 2023 – 5:00 p.m. 1. CALL MEETING TO ORDER Chair Bronson called the meeting to order at 5:00pm 2. ROLL CALL Commissioners Present: Diana Noble-Gulliford, Anna Patrick, Tim O’Neil, Lawson Bronson, Vickie Chynoweth, Sanyu Tushabe (alternate) Excused: Jae So City Staff Present: Community Development Director Keith Niven, City Attorney Kent Van Alstyne, Senior Planner Evan Lewis, Office Manager Samantha Homan 3. APPROVAL OF MINUTES Planning Commission Meeting of May 17, 2023 Commissioner Noble-Gulliford moved the May 17, 2023 minutes to be approved as presented Second by Commissioner Medhurst, motion passed 6-0 4. PUBLIC COMMENT No public comment 5. COMMISSION BUSINESS a. Memorandum- Climate Change and Resiliency Comprehensive Plan Chapter Briefing *a portion of this item will be presented remotely Presented by Evan Lewis, Senior Planner Evan Lewis, Senior Planner presented on Climate Change and Resiliency Comprehensive Plan Chapter as it regards to the Comprehensive Plan Update. Cascadia Consulting presented a Greenhouse Gas Study report providing mitigation, resilience goals, and policies to reduce greenhouse gases and build climate resiliency through the year 2050. Strategies include: electrify new and existing buildings, reduce energy consumption in new and existing buildings, reduce passenger vehicle travel, electrify passenger vehicles and freight and service vehicles, decarbonize off-road equipment, decarbonize aviation fuels; reduce air travel and increase fuel efficiency. The goal is to be 50% below the year 1990 greenhouse gas emission levels by year 2030, and 80% below the year 1990 greenhouse gas emission levels by year 2050. Deliberations included if the Port of Tacoma pollutants should be included in the study somehow as well as the potential for inter-judicial collaboration. Commission recommends to move forward with chapter b. Memorandum- Residential Open Space Code Updates Briefing #3 Presented by Evan Lewis, Senior Planner Evan Lewis, Senior planner presented the third briefing on residential open space code updates with a focus on the amount of required residential “usable” open space for both single-family and multi-family. The objective is to improve the consistency of open space definitions and requirements between housing types and zones; clarify aspects of Federal Ways’ residential open space requirements that create ambiguity and confusion, implement HAPI recommendations related to residential open space, and update the method for calculating open space for subdivisions. Clarification was given on how permanent supportive housing numbers were calculated. A public hearing is scheduled for 6/21/2023 during the next Planning Commission Meeting. Next steps include LUTC meeting on 7/10/2023, with first council reading on 7/18/23 with second council reading and proposed adoption on 8/15/2023. Commission recommends to move forward with the hearing. 6. STAFF BUSINESS Manager’s Report Director Keith Niven announced community event happening next week, Rising from the Dust Demolition Ceremony. This event is to commemorate the old Target building demotion and to celebrate new beginnings with the anticipation of TC3. The event is planned for Tuesday June 13, at noon. Director Keith Niven announced Monday June 12, 5pm will be the first meeting of the new TC3 Space Advisory Committee. The committee will meet to answer two questions. Should we consider a large community space in the TC3 plan? Should Federal Way City Hall move downtown? The meeting is open to the public and the commissioners are encouraged to attend. Director Keith Niven gave an update on the View Protection Code Amendment. It has passed through LUTC and on the way to council. Currently proposed is a polygon shape downtown that would be the protected area that buildings may not penetrate. It is based on 3 view areas around the PAEC. Should a new building be constructed a possible view analysis may be necessary to ensure the view protection. Jonathan Thole, Community Development’s new Planning Manager will be joining the next Planning Commission meeting. 7. NEXT MEETING June 21, 2023 5:00 p.m. – Regular Meeting 8. ADJOURNMENT Commissioner O’Neil moved that the meeting be adjourned Second by Commissioner Chynoweth, motion passes 6-0 Meeting adjourned at 7:37pm ATTEST: APPROVED BY COMMISSION: _______________________________________ _____________ SAMANTHA HOMAN, OFFICE MANAGER DATE 1 STAFF REPORT Date: June 21, 2023 To: Federal Way Planning Commission From: Evan Lewis, Senior Planner Subject: Residential Open Space Subdivision and Zoning Code Amendments I. BACKGROUND The City of Federal Way Planning Division proposes amendments to residential open space requirements for single family subdivisions and multifamily residential uses. The proposed residential open space code amendments are intended to: 1) Improve the consistency of open space definitions and requirements between and among housing types and zones; 2) Clarify aspects of Federal Way’s residential open space requirements that create ambiguity or confusion; 3) Implement Housing Action Plan (HAP); and 4) Update the method for calculating open space for subdivisions which would provide a consistent open space calculation method between single family and multifamily. The proposed amendments to Federal Way Revised Code (FWRC) subdivision code (Title 18) and zoning and development code (Title 19) are consistent with this intent. Context: Federal Way’s subdivision and zoning codes require both single-family subdivisions and multifamily developments to provide on-site open space. Below are a few visual examples of open space commonly required (images from Google Street View): With some exceptions and subject to certain requirements, when open space is not provided developers can request to pay a fee in lieu of providing the open space. Such fee in lieu requests are reviewed and either approved or disapproved by the Federal Way Parks Department. Most residential open space requirements are found in the following sections of Federal Way Revised Code: 1) Title 18 Subdivisions code; specifically FWRC 18.55 on subdivision design criteria. Department of Community Development 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-2607 www.cityoffederalway.com Jim Ferrell, Mayor 2 2) Title 19 Zoning code; specifically use charts for multifamily residential uses within the Suburban Estate (SE) zone (FWRC 19.195), Single-Family Residential (RS) zones (FWRC 19.200), Multifamily Residential (RM) zones (FWRC 19.205), Neighborhood Business (BN) zones (19.215), Community Business (BC) zones (FWRC 19.220), City Center Core (CC-C) zone (FWRC 19.225), City Center Frame (CC-F) zone (FWRC 19.230), and Commercial Enterprise (CE) zone (FWRC 19.240). For residential subdivisions, current code requires residential open space in the amount of 15 percent of the gross land area of the subdivision site; and 10 percent of the gross land area of the subdivision site must be ‘usable’ open space. Residential open space requirements associated with other residential uses, as specified in FWRC Title 19 use charts, are primarily based on a certain square footage of open space per unit and subject to more prescriptive requirements or guidelines for that open space and its amenities. II. PROPOSED CODE AMENDMENT OVERVIEW Below is a summary of the proposed code amendments and reasons for the more substantive or significant updates; the complete proposed code amendment text is in Attachment 1. Title 18 Subdivision Code Residential Open Space Updates Update Reasons for Update 1) Update the method of calculating required open space for single-family subdivisions; from a percent of gross site area to sq. ft/unit. This update will make the method of calculating required open space consistent between single family and multifamily. 2) Exempt single-family subdivisions of 5 or fewer lots from open space requirements. FWRC currently requires that all residential subdivisions be subject to open space requirements. Staff cannot find an example of other cities that require usable open space for all subdivisions regardless of the number of lots. Also, maintenance of small pockets of open space can become difficult when that open space is owned and/or maintained by a small number of property owners. 3) Update the process and method of calculating the fee in lieu of open space option. The new fee-in-lieu calculation method would be consistent with the new method for calculating required open space for single- family residential subdivisions, and it would be more consistent with how fees-in-lieu are calculated in Title 19 for other residential uses eligible for the fee-in-lieu option. Title 19 Zoning & Development Code Residential Open Space Updates Update Reasons for Update 1) Establish an active and passive open space definition. 2) Clarify existing open space definitions Current open space definitions create ambiguities and possibly unintended loopholes during development reviews. Definitions also do not sufficiently differentiate between different types of ‘usable’ open space. The proposed definition updates would be relevant to both FWRC Title 18 and 19. 3) Expand multifamily fee- in-lieu of open space option to the BC zone. This update would directly implement the Federal Way Housing Action Plan. 3 A few other updates were made to improve clarity and consistency. The proposed updates would reduce the required on-site, usable open space for most single-family detached subdivisions and for certain multifamily housing types. Required usable open space for senior housing and for residential uses in the neighborhood business (BN), City Center Core (CC-C), City Center Frame (CC-F), and Commercial Enterprise (CE) zones would remain unchanged. Such reductions are warranted in context with and consideration of the following factors: 1) Benefits from the recent adoption of a park impact fee which will provide a new, consistent funding source from future residential growth for necessary public park facilities that mitigate impacts from that growth. 2) Reduce barriers to new housing in certain zones and for certain uses. 3) Decrease the potential for natural areas being destroyed to accommodate usable open space. 4) Improve the consistency of open space requirements between uses and among zones. 5) Bring residential open space requirements more in-line with other cities (see Attachment 4). III. PROCEDURAL SUMMARY 5/2/23 Planning Commission Briefing #1 5/12/23: Public Notice of SEPA Determination 5/17/23: Planning Commission Briefing #2 6/7/23: Planning Commission Briefing #3 6/8/23: Notification given to WA State Dept. of Commerce of this proposed code amendment 5/26/23: End of SEPA Comment Period 6/16/23: End of SEPA Appeal Period 6/21/23: Public Hearing 7/10/23: LUTC Meeting 7/18/23: City Council 1st Reading 9/5/23: City Council 2nd Reading A separate Comprehensive Plan amendment is underway to facilitate the amendment to the method of calculating residential open space for single-family subdivisions. That Comprehensive Plan amendment will follow a different adoption path that would still align with the final adoption date of this code amendment. IV. PUBLIC COMMENTS The City received zero comments during the SEPA comment period and, as of the date of this staff report, zero comments during the public hearing comment period. 4) Remove allowance for landscaping tracts to count toward open space requirements. FWRC currently allows landscaping tracts to be credited toward common open space requirements for several uses. Since common open space is used interchangeably with usable open space in the context of multifamily housing, landscaping areas shouldn’t count toward usable open space. Most landscaping areas are constrained with trees, shrubbery and other groundcover, and irrigation systems and are not practically usable. 5) Improve consistency in open space requirements among like uses and zones. Some multifamily uses are subject to different open space quantities, amenities and other requirements among different zones. The proposed code updates will increase the consistency of open space requirements for like-uses by zone. 4 V. PLANNING COMMISSION ACTION FWRC Title 19, “Zoning and Development Code” and specifically Chapter 19.80, “Process VI Review,” establishes a process and criteria for development regulation amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the proposed development regulation amendments. 2. To determine whether the proposed development regulation amendment meets the criteria provided by FWRC 19.80.130 (item VI below). 3. To forward a recommendation to City Council regarding adoption of the proposed development regulation amendment. VI. DECISIONAL CRITERIA FWRC 19.80.130 provides three 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: The proposed amendment is consistent with the applicable goals and policies of the comprehensive plan. The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) goals and policies: • Parks, Recreation & Open Space (PROS) Plan (part of Capital Facilities chapter) Policy N.3: To gain maximum effect on overall parks and recreation system, audit and revise City code requirements for on-site open space, and revise to require contribution to larger parks system rather than small, on-site parcels. • PROS Plan Goal B.1, Policy B.3: Explore ways to allow for informal play and recreation opportunities by incorporating unprogrammed spaces such as fields and forested areas. • Land Use Chapter Goal 1: Create an attractive, welcoming and functional built environment. o Policy LUP 2: Use zoning regulations to achieve a greater range of housing options in multifamily designations. • Land Use Chapter Goal 3.1: Provide a wide range of housing densities and types in the single- family designated areas. o Policy LUP 15: Revise existing land use regulations to provide for innovation and flexibility in the design of new single-family developments and in-fill. o Policy LUP 17: Encourage the development of parks and the preservation of open space in and adjacent to residential areas to provide adequate recreational opportunities and preserve the natural setting of Federal Way. • Land Use Chapter Goal 4: Provide a wide range of housing types and densities commensurate with market demand, adopted housing targets, and the community’s needs and preferences. o Policy LUP 20: Allow and encourage a variety of multi-family housing types in designated commercial areas, especially in the City Center Core and City Center Frame. o Policy LUP 22: Multi-family residential development should be designed to provide 5 privacy and common open space. • Housing Goal 3: 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. • Housing Policy 14: Review zoning, subdivision, and development regulations to ensure that they further housing policies, facilitate infill development and don’t create unintended barriers. • Natural Environment Goal 1; Policy 2: Preserve and restore ecological functions, and enhance natural beauty, by encouraging community development patterns and site planning that maintains and complements natural landforms. • Policy LUP 22: Multi-family residential development should be designed to provide privacy and common open space. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed open space code updates are one set of several recent or upcoming code updates that should support increased housing production in the City. The code update increases the clarity of certain open space code provisions which should improve the quality of residential open space. The increased flexibility in meeting open space requirements, and reduced quantities of required open space, may also decrease the chance that trees and other natural areas are removed solely for the purpose of providing usable open space. Increased housing production, better clarity of open space requirements, better quality open space and preservation of natural areas all bear a substantial relationship to public health, safety or welfare and thus so does this code amendment. 3. The proposed amendment is in the best interest of the residents of the city. The proposed open space code updates improve the consistency and clarity of residential open space requirements, implement the Housing Action Plan, and help avoid unintended barriers to the desired amount and types of housing in Federal Way; particularly in the context of the recently adopted Park Impact Fee. Achieving these outcomes is in the best interest of the residents of the City of Federal Way. VII. STAFF RECOMMENDATION Subject to public comment and Commission deliberation, based on the above staff analysis and decisional criteria; staff recommends that the proposed residential open space code amendments to FWRC Title 18 “Subdivision” code, and Title 19, “Zoning and Development” code, be recommended for approval to the Land Use/Transportation Committee (LUTC) and City Council. VIII. ATTACHMENTS Attachment 1 Proposed Residential Open Space Code Amendment Attachment 2 Questions & Answers from Planning Commission Briefings Attachment 3 Visual and Numerical Comparison Example of Current vs. New Open Space Requirements (requested at 6/7/23 Planning Commission meeting) Attachment 4 City Comparisons for Residential Open Space Requirements (shared at 6/7/23 Planning Commission meeting) 1 Attachment 1: Residential Open Space Code Updates – 6/16/23 1) DEFINITIONS UPDATES FWRC 19.05 Definitions. “Open space” means an area of land that is valued for natural processes and wildlife, for agricultural production, for active and/or passive recreation, and/or for providing other public benefits. In certain cases, oOpen space may refer to both outdoor and indoor spaces that provide active and/or passive recreational amenities for a development’s occupants or users. “Common recreational open space usable for many activitiesOpen space, usable,” means any areaopen space available to all of the residents of the subject property that is appropriate for a variety of active and/or passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. “Open space, active,” means usable open space that allows for and encourages recreation with the primary activity or focus requiring physical effort. Active open space includes, but is not limited to, the following: 1. Paved or unpaved trails 2. Boardwalks 3. Sports courts 4. Swimming pools 5. Splash parks 6. Skate parks 7. Sports fields (marked), not to exceed slopes of 2 percent 8. Playground equipment 9. Community gardens 10. Dog parks Only the footprint of the active open space amenities constitute active open space, such as the area of a paved or unpaved trail, the area of swimming pools and their pool decks, and the immediate area containing playground equipment. When open unmarked fields are used to meet an active open space requirement, at least one additional type of active open space must be used. “Open space, passive,” means usable open space that allows for and encourages recreation with the primary activity or focus not requiring physical effort. Passive open space includes, but is not limited to, the following: 1. Benches 2. Picnic tables 3. Wildlife viewing areas 4. Rooftop terraces that are usable and accessible to all residents in a development 2 5. Bus waiting areas 6. Courtyards or plazas 7. Shelters 8. Open fields (unmarked), not to exceed slopes of 2 percent, that are open and unobstructed by trees, large rocks, walls, steep slopes, standing water, pavement, or other potential obstructions that restrict the ability to move easily and spontaneously for the purpose of active recreation. Open fields may count toward the active open space requirement when active open space amenities are provided that ensure the field will be actively used. “Open space, public,” means open space owned and maintained by a public agency and maintained by it for the use and enjoyment of the general public. 2) TITLE 18 UPDATES 18.55.040 Cluster subdivision. (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. (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) The subdivision shall provide at least 150 square feet of usable open space on site per residential unit. At least 50 percent of usable open space per unit shall be active open space. (ivii) All usable open space must be readily identifiable from streets within the development, and easily accessible by the residents, and have points of access centrally located within the development. 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: 3 (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. (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. (g) Cluster lots are not eligible for accessory dwelling units under FWRC 19.195.180 or 19.200.180. (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. (b) The subdivision provides the required open space. (c) Native trees retention are retained 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. 4 18.55.060 Open space and recreation. (1) For the purpose of this chapter, open space shall be described in the following categories: (a) Usable open space. Areas which have appropriate topography, soils, drainage and size to be considered for development as active recreation areas. (b) Conservation open space. Areas containing special natural or physical amenities or environmentally sensitive features, the conservation of which would benefit surrounding properties or the community as a whole. Such areas may include, but are not limited to, stands of large trees, view corridors or view points, creeks and streams, wetlands and marshes, ponds and lakes or areas of historical or archaeological importance. Conservation open space and usable open space may be, but are not always, mutually inclusive. (c) Buffer open space. Areas which are primarily intended to provide separation between properties or between properties and streets. Buffer open space may, but does not always, contain usable open space or conservation open space. (d) Severely constrained open space. Areas not included in any of the above categories which, due to physical characteristics, are impractical or unsafe for development. Such areas may include but are not limited to steep rock escarpments or areas of unstable soils. (12) All residential subdivisions, except for subdivisions of 5 or fewer lots, cottage housing, and zero lot line townhouse development, shall be required to provide usable open space in the amount of 15 percent150 square feet per of the gross land area of the subdivision sitedwelling unit. At least 50 percent of usable open space per dwelling unit shall be active open space. (2) Open space requirements for zero lot line townhouse development are found in FWRC 19.205.010 and open space requirements for cottage housing are found in FWRC 19.250.070 and 19.250.080. (3) Except for cluster subdivisions created under FWRC 18.55.040, and small lot detached development created under FWRC 18.25.030, a fee-in-lieu payment may be made to satisfy open space requirements at the discretion of the parks director after consideration of the city’s overall park plan, quality, location, and service area of the open space that would otherwise be provided within the project. If the city determines that the location, quality, or extent of the required project open space, particularly on smaller plats, short plats, or other divisions of land, would not fulfill the intent or purpose of useful common open space, a payment of an equivalent fee in lieu of the required project open space shall be paid. The fee in lieu of open space shall be calculated based on the most recent assessed value of the subject property, or in the absence of an assessment, an appraisal conducted by a state-certified real estate appraiseron 15 percent of the most recent assessed value of the property. In the absence of an assessment, the market value shall be based on an appraisal conducted by a state-certified real estate appraiser. If the applicant offers to pay money the fee in lieu of open space, and if the city accepts the offer, the amount shall be determined based upon the square footage of open space which otherwise would have been required to be provided, multiplied by the then-current market valueassessed or appraised value per square foot of the propertytimes the then current market value per square foot of similarly situated property. For lots within an existing subdivision, where open space was already dedicated or a fee in lieu paid, the percent of open space required will be the difference between the open space dedicated prior and 15 percentthe required increased amount, if any, resulting from the new development proposal. Any fees collected shall be utilized within the park comprehensive plan planning area that the subject property falls within, unless the applicant by voluntary agreement directs the expenditures of such fees in a different planning area. 5 Open space created through small lot detached development shall be protected from further subdivision or development by covenants filed and recorded with the final plat of the subdivision. All usable open space must be readily clearly identifiable from public right of waysstreets within the development and easily accessible by the residents. Usable Usable open space should be the central focus and an amenity for the project. (3) Any combination of open space types may be used to accomplish the total area required to be reserved as follows: Open Space Category % of Gross Land Area Usable 10% minimum Conservation No maximum or minimum Buffer 2% maximum Constrained 2% maximum (4) An administrative alteration of the open space category percentage requirements within the above categories may be made by the parks director on a case-by-case basis, but in no case shall the combination of categories total less than 15result in less than the overall amount of required usable open space percent unless otherwise provided for in FWRC 18.45.010. Review and approval of such cases shall be based on the following considerations: (a) The change in percentage requirements would result in a superior open space plan than could be accomplished under the standard percentage requirements. (b) The availability and types of open space located within the immediate area. (c) The presence on site of environmental features that are unique, rare or of local importance. (d) The opportunities for the preservation of significant views and creation of public access points of interest. (e) The relationship of the proposed open space to the city’s park plan. (54) Open space which is part of an adopted parks, recreation, trails or open space plan may be dedicated to the city for such purposes and may count toward the minimum open space requirements specified in this title.. (565) Open space not part of an adopted parks, recreation, trails or open space plan shall be owned in common undivided interest by all property owners within the land division as members of a homeowners’ association or corporation as set out in a declaration of covenants and restrictions, and approved by the city. (76) Subject to approval by the city, ownership in open space may be transferred to a special interest group or organization which shall assume the responsibility of maintaining the open space for its intended purpose. 6 19.100.070 Timing of fee payments. Various sections of this Code require payment of fees to mitigate direct impacts of the development approval. Notwithstanding those fees eligible for deferment pursuant to subsections (1)(b), (1)(c), and (3)(c) of this section, the following describes when such fees shall be calculated and paid: (1) Open space fee-in-lieu. (a) As provided in FWRC 18.55.060 and 19.115.115, a fee in lieu of open space may be made to satisfy open space requirements at the discretion of the parks director and shall be calculated and paid at the time of plat recording for residential land divisions, or prior to building permit issuance for multifamily developments in the community business, city center core and city center frame zoning districts, unless deferred as noted below. The fee shall be calculated based upon the square footage of open space which otherwise would have been required to be provided multiplied by the subject property’s assessed or appraised value. (b) For those residential land divisions vested prior to July 2, 2015, open space fees-in-lieu may be deferred, but shall be paid no later than the closing of sale of each individual house or five years from deferment of the fee, whichever is earlier. Covenants prepared by the city shall be recorded at the applicant’s expense on each lot at the time of plat recording to enforce payment of deferred fees. The fee shall be calculated at the time of plat recording and divided equally among all newly created lots. The fee shall be calculated based upon the square footage of open space which otherwise would have been required to be provided multiplied by the subject property’s assessed or appraised value. As consideration for the ability to defer open space fee-in-lieu payments beyond plat recording, the applicant agrees to waive the right to interest and/or a refund if payment is not expended within five years of collection. (c) For multifamily developments in the community business, city center core and city center frame zones, open space fees-in-lieu may be deferred, but shall be paid no later than the completion of construction and prior to receipt of certificate of occupancy/approval to occupy for each floor or each building if phased, or five years from the recording of the deferment covenants, whichever is earlier. Covenants prepared by the city shall be recorded at the applicant’s expense, prior to building permit issuance, to enforce payment of deferred fees. The fee shall be calculated at the time of recording of the covenants and shall be divided equally among all residential units within the project. The fee shall be calculated based upon the square footage of open space that otherwise would have been required to be provided multiplied by the subject property’s assessed or appraised value. As consideration for the ability to defer open space fee-in-lieu payments beyond building permit issuance, the applicant agrees to waive the right to interest and/or a refund if payment is not expended within five years of collection. 19.125.060 Landscaping requirements by zoning district. (3) Multifamily Residential, RM. (a) Type III landscaping 20 feet in width shall be provided along all public rights-of-way and ingress/egress easements, except for zero lot line townhouse and small lot detached development, which shall be required to provide Type III landscaping 10 feet in width along all arterial rights-of- way. Said landscaping shall be in a separate tract. and shall be credited to the common open space requirement. 7 Title 19 Use Chart Open Space requirements (column on right includes “special note” excerpts). 19.200 – Single-Family Residential (RS) 19.200.020 Zero lot line townhouse and townhouse (attached) dwelling units. 6. The subject property must contain at least 150400 sq. ft. of usable open space per dwelling unit. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. Usable open spaceThis includes must include a minimum of 75200 sq. ft. of private open space for each unit and the remainder as usable common open space. Private open space may include yards, patios, and balconies. Type III landscaping 10 ft. in width shall be provided along all arterial rights-of-way. Said landscaping shall be in a separate tract. and shall be credited to the common open space requirement. At least 10% percent of the public common usable open space must be developed and maintained with children’s play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case the open spaceit shall be developed with age- appropriate equipment. If the subject property contains four or more units, this required public usable open space must be in one or more pieces, each having both a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50 percent% of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 19.200.040 Manufactured home parks. 3. The subject property must contain at least 400 150 sq. ft. of usable open space per manufactured home of . common recreational open space usable for many activities. At least 50% of the usable open space must be active open space. If the subject property contains four or more manufactured homes, this required open space must be in one or more pieces each having a length and width of at least 25 ft. In addition, if the subject property contains 20 or more manufactured homes, at least 50% of this required open space must be in one or more pieces each having a length and width of at least 40 ft. At least 10% percent of the common usable open space must be developed and maintained with children’s play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case it shall be developed with age-appropriate equipment. 19.200.045 Permanent supportive housing and transitional housing. 10. The subject property must contain at least 400 150 sq. ft. of usable open space per dwelling unit. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. Usable open spaceThis must includeincludes a minimum of 200 75 sq. ft. of private open space for each unit and the remainder as usable common open space. Private open space may include yards, patios, and balconies. Type III landscaping 10 ft. in width shall be provided along all arterial rights-of-way. Said landscaping shall be in a separate tract and shall be credited to the common open space requirement. At least 10% of the public common usable open space must be developed and maintained with children’s play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case the open spaceit shall be developed with age-appropriate equipment. If the subject property contains four or more units, this required public usable open space must be in one or more pieces, each having both a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50% of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 8 19.200.100 Senior citizen or special needs housing. (Continued) 15. 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 common open spaces such as plazas, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active 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. 16. 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. 19.205 Multifamily Residential (RM) 19.205.010 Zero lot line townhouse and townhouse (attached) dwelling units. 6. The subject property must contain at least 400 150 sq. ft. of usable open space per dwelling unit. At least 50% of the usable open space must be active open space. Usable open space. Developments of 5 or fewer units are exempt from this usable open space requirement. Usable open spaceThis must include includes a minimum of 200 75 sq. ft. of private open space for each unit and the remainder as usable common open space. Private open space may include yards, patios, and balconies. Type III landscaping 10 ft. in width shall be provided along all arterial rights-of-way. Said landscaping shall be in a separate tract. and shall be credited to the common open space requirement. At least 10% percent of the public common usable open space must be developed and maintained with children’s play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case the open spaceit shall be developed with age-appropriate equipment. If the subject property contains four or more units, this required public usable open space must be in one or more pieces, each having both a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50 percent% of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 19.205.040 Multifamily dwelling units. 3. The subject property must contain at least 400 150 sq. ft. of usable open space per dwelling unit of usable open space usable for many activities and may include common open spaces such as plazas, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. 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. At least 10 percent% of this the required common open space must be developed and maintained with children’s play equipment. If the subject property contains four or more units, this required open space must be in one or more pieces each having a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50 percent% of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 19.205.050 Manufactured home parks. 3. The subject property must contain at least 400 150 sq. ft. of usable open space per dwelling unit of common recreational open space usable for many activities. At least 50% of the usable open space must be active open space. At least 10% of theis required common usable open space must be developed and maintained with children’s play 9 equipment except for housing for the exclusive use of persons over 55 years of age, in which case it shall be developed with age-appropriate equipment. If the subject property contains four or more units, this required open space must be in one or more pieces each having a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50% of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 19.205.070 Senior citizen or special needs housing. 12. 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 common open spaces such as plazas, play grounds, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active 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. 13. 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. 19.205.080 Permanent supportive housing and transitional housing. 9. The subject property must contain at least 400 150 sq. ft. of usable open space per dwelling unit of usable open space usable for many activities and may include common open spaces such as plazas, recreation rooms, rooftop terraces, P-patches, pools, active lobbies, and atriums. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. A minimum of 25% 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 sq. ft. and has a minimum dimension of six ft. At least 10% of theis required common open space must be developed and maintained with children’s play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case it shall be developed with age-appropriate equipment. If the subject property contains four or more units, theis required usable open space must be in one or more pieces each having a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50% of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 19.215 Neighborhood Business (BN) 19.215.050 Multifamily dwelling units. 14. 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 common open space such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the director deems appropriate. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. 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. At least 10% of the required common open space must be developed and maintained with children’s play equipment. If the subject property contains four or more units, this required open space must be in one or more pieces each having a 10 length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50% of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 19.215.070 Permanent supportive housing and transitional housing. 9. 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 common open space such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the director deems appropriate. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. A minimum of 25% 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 sq. ft. and has a minimum dimension of six ft. At least 10% of the required common open space must be developed and maintained with children’s play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case it shall be developed with age-appropriate equipment. If the subject property contains four or more units, this required open space must be in one or more pieces each having a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50% of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 19.215.150 Senior citizen or special needs housing. 4. 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 common open spaces such as plazas, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee-in-lieu payment may be utilized for up to 50 percent% of the usable open space as specified in FWRC 19.115.115. 5. 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. 19.220 Community Business (BC) Multifamily dwelling units (stacked dwelling units) 11. The subject property must provide usable open space in a total amount equal to at least 150 100 sq. ft. per dwelling unit, and may include private spaces such as yards, patios, and balconies, as well as common areas such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the director deems appropriate. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. 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. At least 10% of the required common open space must be developed and maintained with children’s play equipment. If the subject property contains four or more units, this required open space must be in one or more pieces each having a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50% of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 11 19.220.080 Senior citizen or special needs housing. 8. 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 common open spaces such as plazas, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee-in-lieu payment may be utilized for up to 50 percent% of the usable open space as specified in FWRC 19.115.115. 9. 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. 19.220.100 Permanent supportive housing and transitional housing. 13. The subject property must provide usable open space in a total amount equal to at least 150 100 sq. ft. per dwelling unit, and may include private spaces such as yards, patios, and balconies, as well as common areas such as playgrounds, recreation rooms, plazas, rooftop terraces, pools, active lobbies, atriums, or other areas the director deems appropriate. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. A minimum of 25% 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 sq. ft. and has a minimum dimension of six ft. At least 10% of the required common open space must be developed and maintained with children’s play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case it shall be developed with age-appropriate equipment. If the subject property contains four or more units, this required open space must be in one or more pieces each having a length and width of at least 25 ft. In addition, if the subject property contains 20 or more units, at least 50% of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 19.225 City Center Core (CC-C) 19.225.070 Multifamily dwelling units, senior citizen, or special needs housing. 8. 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. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. A minimum of 25 percent% of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee-in-lieu payment may be utilized for up to 50 percent% of the usable open space as specified in FWRC 19.115.115. At least 10% of the common open space must be developed and maintained with children’s play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case it shall be developed with age-appropriate equipment. 9. 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. 19.225.075 Permanent supportive housing 13. 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, 12 and transitional housing. recreation rooms, rooftop terraces, P-patches, pools, active lobbies, and atriums. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. A minimum of 25% of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee-in-lieu payment may be utilized for up to 50% of the usable open space as specified in FWRC 19.115.115. At least 10% of the common open space must be developed and maintained with children’s play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case it shall be developed with age-appropriate equipment. 14. Any common open space requirements 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. 19.230 City Center Frame (CC-F) 19.230.060 Multifamily dwelling units, senior citizen, or special needs housing. 7. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. 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. At least 10% of the common open space must be developed and maintained with children’s play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case it shall be developed with age-appropriate equipment. 8. 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. 19.230.065 Permanent supportive housing and transitional housing. 13. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, P-patches, pools, active lobbies, and atriums. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. A minimum of 25% 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% of the usable open space as specified in FWRC 19.115.115. At least 10% of the common open space must be developed and maintained with children’s play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case it shall be developed with age-appropriate equipment. 14. Any common open space requirements 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. 13 19.240 Commercial Enterprise (CE) Permanent supportive housing and transitional housing 11. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may include private spaces such as yards, patios, and balconies, as well as common open spaces such as plazas, playgrounds, recreation rooms, rooftop terraces, P-patches, pools, active lobbies, and atriums. Developments of 5 or fewer units are exempt from this usable open space requirement. At least 50% of the usable open space must be active open space. A minimum of 25% 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% of the usable open space as specified in FWRC 19.115.115. At least 10% of the common open space must be developed and maintained with children’s play equipment, except for housing for the exclusive use of persons over 55 years of age, in which case it shall be developed with age-appropriate equipment. 19.115.115 Design criteria for residential usable open space and fee-in-lieu option. The following guidelines apply to residential usable open space that is developed pursuant to FWRC 19.200.100, 19.205.070, 19.215.150, and 19.220.050, 19.220.080, 19.225.070, 19.225.075, 19.230.060, 19.230.065, and 19.240.085. (1) Common open space. All common open space proposed under this section shall meet the definition of “open space, common” as set forth in this title and all of the following criteria: (a) In order to be credited toward total residential usable open space,The common open space must be a minimum of 225 square feet and have a minimum dimension of 15 feet. The inclusion of additional contiguous open space areas that have smaller dimensions, but enhance the use and enjoyment of the overall larger space, may be credited toward the overall minimum usable open space requirement subject to director approval. (b) Indoor common areas such as recreation/workout rooms, swimming pools, and gathering spaces that meet the criteria of this section may be counted as common open space subject to the criteria in this section. (c) The common open space shall be readily visible and accessible from structure(s) with entries to residential units. (d) The common open space shall not be located on asphalt or gravel pavement, or be adjacent to unscreened parking lots, chain-link fences, or blank walls, and may not be used for parking, loading, or vehicular access. (e) Pedestrian access ways shall only be counted as common open space when the pedestrian path or walkway traverses a common open space that is 15 feet or wider. (f) The common open space shall be sufficiently designed and appointed to serve as a major focal point and gathering place. Common open spaces shall include a significant number of pedestrian- oriented features, furnishings, and amenities typically found in plazas and recreational open space, such as seating or sitting walls, lighting, weather protection, special paving, landscaping, and trash receptacles. In addition, the common open space(s) should provide one or more 14 significant visual or functional amenities such as a water feature, fireplace, and/or artwork, and should allow for active uses such as physical exercise, children’s play area, gathering area for group social events, and p-patch or other gardening activity. (2) Private open space. A minimum of 48 square feet with a minimum dimension of six feet will be credited to usable open space. (3) Publicly accessible open space. Publicly accessible open spaces provided on site may be credited toward the minimum residential usable open space requirement, as long as the open space is directly accessible to and available to residents for their use. Only the portion of the public open space directly accessible to and available to residents for their use may be credited toward the residential usable open space requirement. (4) Fee-in-lieu option. A fee-in-lieu payment may be made to satisfy up to 50 percent of the residential usable open space requirement for the development of public parks and recreation improvements. Fee- in-lieu acceptance shall be at the discretion of the parks director after consideration of the city’s overall park plan, and the quality, location, and usability of the open space that would otherwise be provided on the project site. If the city determines that a fee-in-lieu is appropriate, a payment of an equivalent fee in lieu of the required open space shall be made. The fee in lieu of open space shall be calculated based on the most recent assessed value of the subject property, or in the absence of an assessment, an appraisal conducted by a state-certified real estate appraiser. If the applicant offers to pay fee in lieu of open space, and if the city accepts the offer, the amount shall be determined based upon the square footage of open space that otherwise would have been required to be provided, multiplied by the then-current market value per square foot of the property. By choosing the fee-in-lieu option, the applicant agrees that the city will not be restricted to using the fees in the park comprehensive planning area that the subject property falls within, and that they may be used for park and recreation improvements in any of the park comprehensive planning areas that serve the city center core and city center frame zoned areas. See also FWRC 19.100.070. Attachment 2: Q&A from Planning Commission Briefings June 6, 2023 Planning Commission Meeting Requests or Questions 1) Can staff provide a visual and numerical example of the open space changes? a. Staff response: See Attachment 3 for a comparison example. 2) Does Federal Way have design guidelines for trails? a. Staff response: i. Zoning code does not have design guidelines for trails; only pedestrian paths, with a few requirements for pedestrian paths found in Community Design Guidelines in FWRC 19.115. While there are a few references to trails and some guidelines for pedestrian paths, it does not provide design guidelines for trails. ii. Public Works Standards provide design ‘standards’ for non-motorized paths and bike lanes (standards in section 3.2.16 and 3.4.1), but not specifically trails in the apparent context of the Planning Commissioner’s question. May 17, 2023 Planning Commission Meeting Questions 1) What fee-in-lieu of open space amounts did the City collect from the following projects? a. Staff response from Parks Dept: i. Performing Arts & Events Center (PAEC): No fee in lieu paid as the outdoor plaza qualified the open space requirement. ii. 1st & 348th Mixed use project – No fee in lieu paid to date because the fee is paid after units sell. iii. Sound Transit (specific project(s) unspecified): Parks is not aware of any Sound Transit fee in lieu being paid for a project. Sound Transit is mitigating the open space requirements at various location along the route. Currently they are improving some acreage at Laurelwood park to meet a portion of the requirement in the City Limits 2) What was the funding source(s) for Panther Lake Trail? a. Staff response from Parks Dept: The Panther Lake Trail was paid from the 2008-2013 King County Levy money that the City received May 3, 2023 Planning Commission Meeting Questions The following questions or requests made during the 5/3/23 Planning Commission meeting: 1. What was the intent behind Federal Way’s existing multifamily open space amounts? a. Staff response: Below is one example found so-far for stacked multifamily which currently requires either 100, 150, or 400 sq. ft. of open space per unit depending on the zone: i. The required 400 sq. ft./unit in the RM zone was set in the City’s initial 1990 zoning ordinance (ord 90.043; see pg. 66 of PDF). The intent behind that specific amount is unknown. ii. The required 150 sq. ft/unit in the BN zone came from the 2017 ord. 17-834 (see pg. 26 of PDF) which amended several design requirements for multifamily uses among several zones. The intent behind that specific amount is unknown. 2 iii. The required 150 sq. ft/unit in the BC zone came from the 2010 ord. 10-678 (see pg. 6 of the PDF) which reduced the BC open space down from 300 sq. ft. Per the ordinance, the intent was to encourage development on vacant or redevelopable land (presumably for this specific zone); it’s otherwise unclear why 150 sq. ft/unit was specifically selected. iv. The required 100 sq. ft/unit in the CC-C and CC-F zones came from the 2012 ord. 12-727 (see pg. 5 of the PDF) which aimed to reduce open space requirements in those zones to be “more in line with urban, mixed use development to encourage the type of development envisioned for the city center” and since (at that time) “recent proposals for multi-unit, mixed use development”…“had difficulty” meeting open space requirements. For the stacked multifamily example above, for the two ordinances where the intent behind the open space changes were clear, the reduced open space amounts appear meant to (at that time) encourage multifamily housing in the BC, CC-C and CC-F zones. The reason behind the specific quantity is unclear, other than being a 50% reduction from the totals that were previously set for those respective zones. 2. Could Americans with Disability Act (ADA)-compliant amenities be specified in these amendments? a. Staff response: From consultation with Building Division staff, the City has adopted the Accessible and Usable Buildings and Facilities code, ICC A117.1-2009, which does cover playground equipment under the building code. 3. How are fee in lieu funds are used by the Parks Dept? a. Staff response: A representative from the Parks Dept. addressed this at the 5/17/23 Planning Commission meeting. 4. What is an appropriate slope for ‘usable’ open space? Could steep slopes ever be an asset for ‘usable’ open space? a. Staff response: A representative from the Parks Dept. addressed this at the 5/17/23 Planning Commission meeting. 5. How can we factor in behavioral health and human-centered design research into our residential open space requirements? a. Staff response: Staff is still looking into this question and hasn’t yet found appropriate research relevant to this code update. This is a larger issue that may more appropriately be looked into during the comprehensive plan periodic update rather than this more narrowly- focused code update. Attachment 3 – Visualized Open Space Example; Current vs. Proposed New Code Single-Family Open Space Visualized – Example for the RS 7.2 Zone1 Multi-Family Open Space Visualized – Example for the Residential Multifamily (RM) Zone2 1 Single Family assumptions: Zoned RS 7200 (min lot area of 7200 sq. ft/unit); appx. 70% gross site area can be subdivided 2 Multifamily assumptions: Zoned RM 2400; 18 units/acre Current Open Space Requirement Single-family subdivision usable open space visualized for 4-acre parcel; 10% of gross land area. Usable open space quantity = 17,424 sq. ft. Proposed Open Space Requirement Single-family subdivision open space visualized for 4-acre parcel (150 sq. ft/unit) (assumes appx. 70% of gross site area can be subdivided; RS 7.2 zone (7200 sq. ft/lot); 17 total lots) Usable open space quantity = 2,550 sq. ft. Outer box (solid line) represents an appx. 4-acre site Current Open Space Requirement Multifamily usable open space visualized for 4-acre parcel at appx. 18 units/acre; 72 units; open space of 400 sq. ft./unit. Usable open space quantity = 28,800 sq. ft. Proposed New Open Space Requirement Multifamily usable open space visualized for 4-acre parcel at appx. 18 units/acre; 72 units; open space of 150 sq. ft/unit. Usable open space quantity = 10,800 sq. ft. Outer box (solid line) represents an appx. 4-acre site Attachment 4: City Comparisons for Residential Open Space Requirements (shared at 6/7/23 Planning Commission Mtg) The list below shows residential open space requirements among 13 comparison cities in King County. Staff has aimed to provide as much of a 1:1/apples-to- apples comparison a possible among the most typical open space requirements common to conventional single-family and multifamily development types in these cities, in order to inform Federal Way’s updated residential open space requirements. The list below specifically does NOT inventory the following types of open space or related code requirements: • Open space requirements for cluster housing, cottage housing, planned unit developments, senior or assisted living housing, or incentive or bonus open space to achieve more density or other zoning flexibilities. • Open space requirements such as maximum impervious surface (lot coverage) limits. • Open space requirements specific to the preservation of environmental critical areas unless such areas count in usable open space requirements. • Open space requirements that may be required for design review districts and found within design review guidelines for these cities that might exist separate from their online code books. • Fee-in-lieu of open space options or other options some cities may provide to allow reduced open space from the requirements below. Multi-Family Residential Open Space Requirements City Multifamily Open Space Requirement Notes and Clarifications Code citation Auburn No apparent applicable requirement Higher density residential zones (R10 thru R20) require 20% of site area as landscaped open space but that's different than usable open space/recreation open space. Mixed use residential developments appear to have point system for eligibility for flexible development regulations; greater of either 10% of site area or 250 sf/unit. But it's an optional bonus for mixed use only; not required. AMC 18.07.030 Bellevue 800 sq. ft. usable open space + 50 sq. ft/unit over 10 units Requirement is for developments of 10 units or more, doesn’t pertain to Downtown, totaled up to max of 10k sf. Exact code language: "New multifamily developments of 10 units or more shall be required, as a condition of Building Permit approval, to provide a minimum of 800 square feet of unpaved, usable open space with lawn or other soft surface for an outdoor children’s play area, plus an additional 50 square feet of usable open space for each additional unit beyond the initial 10 units, up to a maximum of 10,000 square feet, except that this requirement does not apply to multifamily development downtown or to developments devoted exclusively to senior citizen dwellings as defined at LUC 20.50.046." BMC 20.20.540 Burien 200 sq. ft/unit "New developments of 4 multiple family dwelling units or more shall provide a minimum of 200 square feet of required common recreation space per dwelling unit. The required common recreation space shall be in one or more areas on site that are available and accessible to all residents of the development." BMC 19.17.010 Des Moines 200 sq. ft/unit 200 sq. ft./unit of common recreation space. Also requires 60 sq. ft/unit of PRIVATE outdoor recreation area. DMC 18.155.050 City Multifamily Open Space Requirement Notes and Clarifications Code citation Issaquah 48 sq. ft/unit “Outdoor space” requirement for multifamily and duplexes. Can be private or common. Same amount also required for assisted living facilities, sr. housing but applied to both indoor and outdoor areas for those later uses. IMC 18.07.440(5) Kent 20-25% of gross land area Appears to only be for zero lot line developments in single family and multifamily zones; 25% is in single family zones and 20% is in multifamily zones. KMC 15.08.330 Kirkland 200 sq. ft/unit For 4 or more units only. Specific requirement is for "at least 200 square feet per unit of common recreational space usable for many activities." Furthermore, "The required common recreational open space may be reduced to 150 square feet per unit if permanent outdoor furniture, pool, cooking facilities, playing equipment, and/or a recreation building are provided in the common open space." KMC 115.23(2) Redmond** General: 25% of required open space for developments of 30 or more units (which appears to amount to appx. 5% of lot area for most uses) Requirement is for most residential types and it's 20% of total lot area - i.e. the impervious surface requirement. For dev. 30 or more units, 25% of required open space must be common open space (so that amounts to basically 5% of gross site area). ALSO: the 20% includes critical areas thus it's not a good apples-apples comparison; only the common open space requirement is. See RMC 21.08.180 for more. **For downtown: Residential common usable open space of at least 100 sq. ft/unit up to 20% of the site. See RMC 21.10.130(E) for complete requirement. **For Overlake area: Usable open space of at least 6.25% of gross residential floor area. See RMC 21.12.120 for more detail. **Marymore Design District, presumably 15% of site area but unclear. Residential usable open space req. is 15% of…something. See RMC 21.13.120. RMC 21.08.180 Renton - High Density Zones 600 sq. ft/unit (350 common, + 250 private but see notes) For higher density residential (mf or sf); R-10 and R-14 zones only when 4 or more units. 350 sf/unit of common open space; 250 sf/unit of common open space added to that for all non- ground units; for ground units that 250 sf/unit can be private open space rather than common. Open space definition is: "Any physical area that provides visual relief from the built environment for environmental, scenic or recreational purposes. Open space may consist of developed or undeveloped areas, including urban plazas, parks, pedestrian corridors, landscaping, pastures, woodlands, greenbelts, wetlands and other natural areas, but excluding stormwater facilities, driveways, parking lots or other surfaces designed for vehicular travel." RMC 4.2.115 City Multifamily Open Space Requirement Notes and Clarifications Code citation Renton - Design districts A, C, D 50 sq. ft/unit For all mixed use and attached developments of 10 or more units. Requirement is for common open space and/or recreation areas. RMC 4.3.100 Renton - Design district B (private only) 150 sq. ft/unit Requirement is for private usable open space for all attached housing developments in District B abutting each unit; may include porches, balconies, yards, and decks. RMC 4.3.100 Sammamish 90-170 sq. ft/unit "All single-family, multifamily and townhouse developments of more than four units, and mixed use developments of more than four units, shall provide recreation space excluding environmentally sensitive areas as defined by SDC 21.03.020 for leisure, play or sport activities as follows…Attached residential developments at a density of greater than eight units per acre, and mixed use: i. Studio and one bedroom: 90 square feet per unit; ii. Two bedroom: 130 square feet per unit; and iii. Three or more bedroom: 170 square feet per unit.” SMC 21.02.030(I) Seatac 5-10% of net site area ONLY for Angle Lake and City Center subareas. SMC 15.300 Shoreline 50 sq. ft/unit More specifically, the greater of 800 sf/development or 50 sf/unit. Applies to all multifamily. Important note that "Required landscaping can be used for open space if it does not obstruct access or reduce the overall landscape standard." That somewhat waters-down this requirement. SMC 20.50.240 Tukwila 400 sq. ft/unit Minimum of 1000 sf of recreation space. Includes zero lot line townhomes in multifamily requirement. At least 250 sq. ft of the 400 must be private, ground level open space. TMC 18.12 Single-Family Residential Open Space Requirements City Single-Family Open Space Requirement Notes and Clarifications Code citation Auburn Case-by-Case and only for subdividisons of 50 or more units – determined by hearing examiner SF open space determined case-by-case for single-family: "Where dedication of land for park and recreation purposes is required, the hearing examiner shall be guided by the policies and recommended standards of the Auburn parks, recreation, and open space plan. It is the policy of the city to require park land dedication where a proposed subdivision will result in a substantial increase in demand for park land or is needed to prevent or abate public nuisances. Generally, this will occur where a subdivision will result in the creation of lots capable of supporting 50 or more residential dwelling units; however, where it is determined that the proposed subdivision, together with any reasonably anticipated future development on adjacent or nearby land, will act in a cumulative manner to substantially increase demand for park land, dedication may be required of smaller subdivisions. The acceptability of the size, configuration and location of land proposed for park dedication shall be determined by the hearing examiner based upon such factors as topography, drainage, natural amenities and access. " AMC 17.14.100 Bellevue No apparent requirement BMC 20.45A Burien 5 - 5.5% of gross land area Varies by zone, ranging from 5 to 5.5% of gross land area by zone for open space to be dedicated or reserved and set aside. BMC 17.60.070 Des Moines 778 sq. ft/unit Code language: "Proposed residential subdivisions shall either provide a minimum of 778 square feet of park area per lot consistent with the requirements of subsections (2) through (4) of this section or make an in-lieu fee payment consistent with the requirements of subsection (5) of this section in order to comply with the level of service standard of 6.5 acres of park land per 1,000 population established in the City of Des Moines 2010 Parks, Recreation and Senior Services Master Plan, Section 2.3." DMMC 17.35.180 Issaquah No apparent requirement City has a 15% of net site area open space requirement for cluster housing, but couldn't find any open space requirement for conventional subdivisions. IMC 18.07.420 Kent 180 sq. ft/unit Applied to subdivisions of 20 or more units. KMC 12.04.060 Kirkland 200 sq. ft/unit** **This only appears to apply to medium and higher density zones, not low density sf residential zones. For 4 or more units only. So this requirement might not be a good 1:1 comparison since single-family subdivisions would likely be less common in medium-higher density zones (which don’t include single-family residential zones although some appear to still allow single-family detached housing) KMC 115.23 Redmond General: 25% of required open space for Requirement is for most residential types and it's 20% of total lot area - i.e. the impervious surface requirement. For dev. 30 or more units, 25% of required open space must be common open space (so that amounts to basically 5% of gross site area which can still be RMC 21.08.180 City Single-Family Open Space Requirement Notes and Clarifications Code citation developments of 30 or more units (which appears to amount to appx. 5% of lot area for most uses) substantial). ALSO: the 20% includes critical areas thus it's very much NOT a good apples- apples comparison; only the common open space requirement is. See RMC 21.08.180 for more. Renton - High Density Zones Limited requirement – not a good example Not a good comparison example. Similar to Kirkland, Renton’s sf/unit open space requirement outside of its design districts (appx. 600 sf/unit) appears to apply to all uses but only within high density R10 and R14 zones, where technically sf detached is allowed but seems less likely (at 10 and 14 units/acre) than attached/multifamily units. RMC 4.2.115 Sammamish 390 sq. ft/unit "All single-family, multifamily and townhouse developments of more than four units, and mixed use developments of more than four units, shall provide recreation space excluding environmentally sensitive areas as defined by SDC 21.03.020 for leisure, play or sport activities as follows…Residential developments at a density of eight units or less per acre: 390 square feet per unit” SMC 21.02.030(I) Seatac Unclear Couldn't find single family open space requirement; unclear if req. for Angle Lake and City Center subareas cited earlier would apply to single fam subdivisions in those areas. Shoreline No apparent requirement No apparent SF subdivision open space requirement SMC 20.50 Tukwila Unclear…seemingly no for most areas Could only find open space requirement for Southcenter area - not citywide and unclear if it applies to sf subdivision. No common/public/usable open space req. found in subdivision code for sf subdivisions Title 18 - Zoning (tukwilawa.gov) - see table 18.4