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
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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
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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.
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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.
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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
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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)
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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
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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:
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(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.
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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.
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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.
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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