The URL can be used to link to this page

09-05-2023 Council Packet - RegularCITY OF Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA ** AMENDED AGENDA ** City Hall - Council Chambers* September 5, 2023 - 6:30 p.m. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MAYOR'S EMERGING ISSUES AND REPORT • South King Fire & Rescue recognition of Federal Way Police Department • ADDED ITEM: Day Center Update • Update on Federal Way Community Center — John Hutton, Parks Director • Recent Events: Free Back -to -School Haircuts at Town Square Park (8/28), Kids Day and Summer Sounds Concert at Steel Lake Park (8/9); Lakehaven Headquarters Building Grand Opening (8/23); Lion Car Show at the Commons Mall (8/26); Run -with - the -Cops for Special Olympics (8/26) • Upcoming Events: Kiwanis 32nd Annual Golf Tournament on September 8 • Back -to -School Pedestrian Safety Reminder 4. PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. City Council Rules of Procedure prohibit any personal, impertinent, threatening or slanderous remarks during public comment. The Mayor may interrupt comments that continue too long or violate the rules of conduct. No speaker may convey or donate their time for speaking to another speaker. The Mayor has the authority to preserve order at all meetings of the Council, and to cause the removal of any person from the meeting for being disorderly. All individual comments are limited to 3 minutes each. 5. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Deputy Mayor & Regional Committees Report • Council President Report The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. 'Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 6. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: August 8, 2023 Regular and Special Meeting Minutes b. Authorization to Apply for and Accept the Stormwater Capacity Grant c. Amendment to the Comprehensive Garbage, Recyclables, and Compostables Collection Contract d. 2022 Pavement Repair Project — Project Acceptance 7. COUNCIL BUSINESS a. Therapeutic Courts Interagency Agreement • Report: Judge Dave Larson b. ARPA Grants for Economic Development • Staff Report: Tanja Carter, Economic Development Director c. Department of Commerce Middle Housinq Grant - Authorization to • Staff Report: Chaney Skadsen, Senior Planner 8. ORDINANCES First Reading a. Council Bill #861/Multi-Family Tax Exemption (MFTE) Application Deadline AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO MODIFYING THE CITY'S MULTIFAMILY DWELLING UNIT LIMITED PROPERTY TAX EXEMPTION PROGRAM; AMENDING FWRC 3.30.010, 3.30.040, 3.30.050, AND 3.30.060 (AMENDING ORDINANCE NOS. 03-438, 09-606 AND 23-964). Staff Report: Keith Niven, Community Development Director Public Comment — 3 minutes each Second Reading/Enactment b. Council Bill #858/2023/2024 Biennial Budget Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2023-2024 BIENNIAL BUDGET. (Amending Ordinance Nos. 22-941 and 23-959) c. Council Bill #859/Residential Open Space Comprehensive Plan Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON AMENDING THE PARKS, RECREATION AND OPEN SPACE PLAN AND THE FEDERAL WAY COMPREHENSIVE PLAN CHAPTER 6, CAPITAL FACILITIES, TO FACILITATE AN UPDATE TO THE METHOD FOR CALCULATING OPEN SPACE FOR RESIDENTIAL SUBDIVISIONS (Amending Ordinance Nos. 90-43, 95-248, 96-270, The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalwaV.com. *Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 98-330, 00-372,01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798, 18-843, 19-866, 21-907, 22-938, 23-954, and 23-956). d. Council Bill #860/Residential Open Space Subdivision & Zoning Code Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO RESIDENTIAL OPEN SPACE; AMENDING FWRC 18.55.030, 18.55.040, 18.55.060, 18.60.030, 19.05.030, 19.05.150, 19.100.070, 19.125.060, 19.200.020, 19.200.040, 19.200.045, 19.200.100, 19.205.010, 19.205.040, 19.205.050, 19.205.070, 19.205.080, 19.215.050, 19.215.070, 19.215.150, 19.220.050, 19.220.080, 19.220.100, 19.225.070, 19.225.075, 19.230.060, 19.230.065, 19.240.085, AND 19.115.115 (Amending Ordinance Nos. 90-41, 90-43, 93-170, 94- 223, 96-270, 97-291, 98-309, 98-330, 99-333, 00-375, 01-381, 01-385, 01-399, 02- 423, 02-424, 03-450, 05-506, 06-515, 06-542, 07-545, 07-554, 07-559, 08-583, 08- 585, 09-593, 09-605, 09-610, 10-652, 10-658, 10-678, 12-724, 12-727, 12-735, 13- 754, 16-822, 17-834, 20-898, 21-921, 22-929, 22-932, 23-949, and 23-958) 9. COUNCIL REPORTS 10. ADJOURNMENT The City Council may amend this regular meeting agenda and take action on items not currently listed. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online, agenda materials, and access public comment sign-up options, please visit www.citvoffederalway.com. 'Remote attendance options available via Zoom meeting code: 363 503 282 and passcode: 738163 COUNCIL MEETING DATE: September 5, 2023 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES ITEM #: 6 a . POLICY QUESTION: Should the City Council approve the draft minutes for the August 8, 2023 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance [] Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk Attachments: August 8, 2023 Regular Meeting Draft Minutes August 8, 2023 Special Meeting Draft Minutes Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. DEPT: City Clerk MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A DIRECTOR APPROVAL: Committee Council laitial/Datc Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF Federal Way Centered on Opportunity CITY COUNCIL A))?*Qsr SPECIAL MEETING MINUTES City Hall - Council Chambers August 8, 2023 - 5:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:00 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Paul McDaniel, Councilmember Hoang Tran, and Councilmember Jack Walsh. City staff in attendance: City Administrator Brian Davis, City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. Mayor Ferrell excused both Council President Linda Kochmar and Councilmember Jack Dovey. 3. STUDY SESSION a. Broadband Planning Study Final Report Information Technology Director Thomas Fichtner provided the history and background on this study and the grant which supported it. He introduced Preston Young, Government Technology Group who provided additional detail on the study and findings. 4. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 5:41 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 1 of 1 August 8, 2023 CITY OF Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING MINUTES City Hall - Council Chambers August 8, 2023 - 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:32 p.m. DRAFT City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Paul McDaniel, Councilmember Hoang Tran, and Councilmember Jack Walsh. City staff in attendance: City Administrator Brian Davis, City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. Mayor Ferrell noted Council President Kochmar was attending the meeting remotely and excused Councilmember Dovey's absence. 3. MAYOR'S EMERGING ISSUES AND REPORT Mayor Ferrell was pleased to announce free Back -to -School haircuts at Town Square Park on August 28 from 12:00 to 7:00 p.m., serving the first 500 kids. He thanked the generosity of Kristin Speakman and the Bella Red Salon. Parks Director John Hutton provided an update on the leisure pool repairs at the Federal Way Community Center. Mayor Ferrell and Deputy Chief Sumpter reported on a very successful National Night Out event. The mayor and Deputy Chief Sumpter acknowledged there were approximately twenty-five organized events in neighborhoods throughout the city. The mayor reported on the Dick's Drive -In Opening Day on July 27 on the west side of the Commons Mall; the 67th Annual Kiwanis Salmon Bake at Steel Lake Park on July 28; and the Rotary Speed Croquet Tournament on July 28. He noted Ant -Man Quantumania was shown for Movies in the Park at Town Square Park on July 29; and reported a very successful FUSION Gala at Dumas Bay Centre on August 2, thanking the many co-founders of that organization. He also shared upcoming events in the community including Kids Day and Summer Sounds Federal Way City Council Regular Minutes Page 1 of 10 August 8, 2023 Concert at Steel Lake Park on August 9; Lakehaven Headquarters Building Grand Opening on August 23; Lion Car Show at the Commons Mall on August 26; and the Run -with -the - Cops for Special Olympics on August 26 beginning at the Federal Way Community Center. Mayor Ferrell reminded those present that per Council Rules, there is no second City Council meeting in August; the next regular meeting will be September 5. Mayor Ferrell introduced Leo Flor, Director of King County Department of Community and Human Services, who provided an update on the Federal Way Extended Stay Hotel King County purchased for the Health through Housing program. Mr. Flor, along with his colleagues Mario Williams -Sweet and Simon Foster, provided information and answered Council questions regarding a projected timeline, property security, percentage of local referrals, onsite and referral process for mental health and substance abuse programs, and concerns with illegal activity on the property. Mr. Flor referenced successes and challenges the county has identified and provided pictures of similar facilities the county operates in Renton and Auburn. He referenced the building is staffed twenty-four hours per day every day of the week and all residents must abide by the Code of Conduct; he committed to increasing communication to the mayor and council moving forward. In response to questions regarding the Red Lion King County Shelter project, Mr. Flor noted the building is currently not occupied and is months from opening, not weeks. Mayor Ferrell and the Council thanked Mr. Flor for the information. 4. PUBLIC COMMENT Matthew Johnson expressed disapproval on the amount the City Council budgets for the police department and shared his point of view on the 2020 protests in Seattle. Orville Mallatt shared his ideas of how to address global warming, and inquired about personal property that was taken from him many years ago. Susan Strong shared a story about a small business that was recently vandalized, voicing her dissatisfaction with how crime has grown in Federal way. Fiona Okech the Youth Director of the Federal Way based African Young Dreamers Empowerment Program Intl. (AYDEPI) advocated for financial support for AYDEPI that supports over 200 youth in the community through education, mental health awareness, substance abuse and prevention, suicide prevention, and homelessness. Dianna Vauahan is concerned about the interplay between mental health, substance abuse and homelessness. She referenced a study from the American Journal of Public Health and other statistics. Dr. Mohammad Saeed appreciates the police department and is concerned with the negative changes Federal Way and the region have experienced; he was saddened to hear the Islamic Center was vandalized in mid -day. Mark Christie contended the information and numbers presented in the presentation from King County regarding the Health through Housing program cannot be reasonably accurate. Ken Blevens urged people to watch out for bicycles, motorcycles and walkers after Federal Way City Council Regular Minutes Page 2 of 10 August 8, 2023 witnessing a pedestrian accident. He also shared his disappointment with the King County, and the state lawmakers who continue to pass laws that incentivize being homeless in Washington state. Rose Ratteray expressed concerns about protocols in place to address active shooters and shelter in place scenarios; wants to make sure protocols exist for the local schools. Mayor Ferrell shared that the city, police and school district work cohesively and have training and protocols in place. Carolyn Hoover addressed crime and safety in Federal Way including her business that was smashed by a pick-up truck. She was thankful for the outpouring of support from the community. Jacaueiine Copley expressed concerns about how the Health Through Housing program will affect the safety of students, and frustration with King County decision makers who spent tax -payer money on a facility (Red Lion) that has been deemed uninhabitable. Geoffrey Tancredi recently visited small independent businesses along Hwy 99 and is upset to hear the crime and criminal activity these shops are having to deal with. He would like to see extra security patrols in the area. Carmen Kaler reflected on the root cause of begging and would like to see an ordinance that prohibits people from giving money to panhandlers. Anna Patrick questioned why the city has two King County housing properties. She feels that these tax-exempt facilities will contribute to an already over -burdened police force. Phillip White recommended the city purchase land with temporary restroom facilities where they could set up tents and not be on the sidewalks. Kevin Morris spoke about the Crime Blotter published in the Federal Way Mirror As requested at a previous meeting, Deputy Chief Sumpter provided an update on the enforcement of the Shopping Cart Regulation Ordinance (#22-943); Reckless Use of Fentanyl in Public Spaces Ordinance (#22-931); and the Pedestrian Interference Ordinance (#21-923). He noted the ordinances in place serve the community well by providing authority to detain and investigate which increases compliance. Councilmembers thanked Deputy Chief for the report. 5. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) Councilmember Walsh reported there is no meeting in August; the next meeting will be September 12. Land Use/Transportation Committee (LUTC) Councilmember Walsh reported on the committee meeting held on August 7; the next meeting will be September 11. Finance, Economic Development Regional Affairs Committee (FEDRAC) Councilmember Tran reported on the July 25 meeting which ran exceptionally long with items Federal Way City Council Regular Minutes Page 3 of 10 August 8, 2023 forward to this meeting for final approval. There is no meeting in August; the next meeting will be September 26. Lodging Tax Advisory Committee (LTAC) Councilmember Assefa-Dawson reported there will be no meeting in August. She referenced the next round of Tourism Enhancement Grants (TEG) which are used solely for tourism promotion, support and operations of special events that service tourist traveling 50-miles or further. The next meeting is scheduled for September 13. Deputy Mayor & Regional Committees Report Deputy Mayor Honda reported on her attendance at various regional meetings including the National League of Cities (NLC) conference in Tacoma; the Boys and Girls Club Project UP in coordination with Comcast. She thanked the neighborhoods that welcomed Councilmembers during National Night Out. She noted the Senior Commission will be meeting August 9 at 2:00 p.m. and she will be attending the public meeting on Understanding Tax Increment Financing. Council President Report Council President Kochmar thanked everyone who participated in National Night Out; she attended multiple different neighborhoods. She reported on the Rotary Croquet fundraiser; the Kiwanis Salon Bake that served over 900 meals, and the successful FUSION event. 6. CONSENT AGENDA a. Minutes: July 18, 2023 Regular and Special Meeting Minutes b. Monthly Financial Reports — June 2023 c. AP Vouchers 06/15/2023 — 7/15/2023 & Payroll Vouchers 06/01/2023 — 06/30/2023 d. Purchase of 11 Getac Laptops for the Police Department e. Purchase of 14 RR Getac Laptops for the Police Department f. HVAC Control Upgrades and Performance Management Services g. Parks Department Vehicle Purchase h. Surface Water CCTV Equipment Replacement Converting Two Part-time Records Specialist Positions to One Quartermaster in the Police Department New Position — Code Compliance Supervisor in the Community Development Department DEPUTY MAYOR HONDA MOVED APPROVAL OF CONSENT AGENDA ITEMS A THROUGH J; SECOND BY COUNCILMEMBER WALSH. The motion passed 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey excused At 8:44 p.m. Mayor Ferrell announced the Council would take a brief recess; the meeting was reconvened at 8:53 p.m. 7. PUBLIC HEARING Federal Way City Council Regular Minutes Page 4 of 10 August 8, 2023 a. Ordinance: 2023/2024 Biennial Budget Amendment Mayor Ferrell opened the public hearing at 8:54 p.m. Finance Director Steve Groom provided information on the 2023/2024 Biennial Budget Adjustment highlighting the proposed amendments to the budget and the funding sources. Budget amendments are routine and incorporate previously unfunded needs in to the budget based on favorable revenues. Council thanked Director Groom for the presentation and asked clarification questions regarding the labor study and the City Hall roof bid. No public comments were received. Mayor Ferrell noted action on this item will occur later in the agenda under the Ordinances. COUNCILMEMBER TRAN MOVED TO CLOSE THE PUBLIC HEARING; SECOND BY COUNCILMEMBER WALSH. The motion passed 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember McDaniel yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey excused b. Ordinance: Residential Open Space Comprehensive Plan Amendments Mayor Ferrell opened the public hearing at 9:01 p.m. Senior Planner Evan Lewis presented amendments to the Federal Way Comprehensive Plan and Parks, Recreation, and Open Space (PROS) Plan which would change the method for calculating required open space for single-family residential subdivisions. No other public comments were received. Mayor Ferrell noted action on this item will occur later in the agenda under the Ordinances. COUNCILMEMBER WALSH MOVED TO CLOSE THE PUBLIC HEARING; SECOND BY, COUNCILMEMBER ASSEFA-DAWSON. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey excused Councilmember McDaniel yes 8. COUNCIL BUSINESS a. Authorization to Award the S 348th St Overlay Project Civil Engineer Jeff Huynh provided information on the South 348th Street preservation project. He noted the city received four bids with Miles Resources, LLC as the lowest, responsive, responsible bidder. He reviewed the available funding and estimated project cost, noting construction is anticipated to start later this year. COUNCILMEMBER WALSH MOVED TO AWARD THE S. 348TH STREET NHS (NATIONAL HIGHWAY SYSTEM) PRESERVATION PROJECT TO MILES RESOURCES, LLC, THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER, IN THE AMOUNT OF $807,700 AND APPROVE A 10% Federal Way City Council Regular Minutes Page 5 of 10 August 8, 2023 CONTINGENCY FOR A MAXIMUM CONTRACT AMOUNT OF $888,470 AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT; SECOND BY COUNCILMEMBER TRAN. The motion passed 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey excused b. Authorization to Seek and Accept Grant Funding: Ramp Litter Clean Up Program Public Works Director EJ Walsh provided information on a competitive grant funding opportunity which focuses specifically on litter cleanup along freeway interchange ramps within the city. The grant application period is very short, August 1 through 29, with a maximum award of $60,000. The city previously received a similar ramp cleanup grant in 2021 and was commended on the results and reporting. He addressed the specific ramps this would cover which are located on Interstate 5 and Highway 18. Council thanked Director Walsh for his presentation and asked clarifying questions regarding adjacent homeless encampment issues, fund matching requirements, and access to the ramps if the city is not awarded the grant. COUNCILMEMBER WALSH MOVED TO AUTHORIZE STAFF TO APPLY FOR GRANT FUNDING, ACCEPT FUNDING IF SUCCESSFUL, AND ENTER INTO RELATED AGREEMENTS FOR RECEIPT AND EXPENDITURE OF FUNDS; SECOND BY COUNCILMEMBER ASSEFA- DAWSON. The motion passed 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey excused c. First Amendment to HOME Investment Partnership Program ICA Human Services Manager Sarah Bridgeford presented information on the first amendment to the HOME Investment Partnership Program interlocal cooperation agreement. Per the Department of Housing and Urban Development (HUD), the amendment incorporates required fair housing and civil rights language by including certification to conduct programs in compliance with federal regulations. The Mayor thanked Ms. Bridgeford for the presentation. COUNCILMEMBER WALSH MOVED APPROVAL OF THE PROPOSED AMENDMENT NUMBER ONE TO THE HOME INVESTMENT PARTNERSHIP PROGRAM INTERLOCAL COOPERATION AGREEMENT; SECOND BY COUNCILMEMBER TRAN. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey excused Councilmember McDaniel yes d. Financial Literacy Program Policy Analyst Bill Vadino presented information on a proposed financial literacy pilot program which could begin in the Fall of 2023 with a cost of $20,000. The nine -week Federal Way City Council Regular Minutes Page 6 of 10 August 8, 2023 Dave Ramsey financial literacy course would be taught by community volunteers, limited to 40 participants, and be free of cost. Mr. Vadino provided a breakdown of the costs which includes course materials, child care, and room rental. Council thanked Mr. Vadino and asked clarifying questions regarding the process for recruitment; breakdown of costs for the program incentives and hospitality; age group or demographic this program is geared to, and the process of outreach and selection for attendees. Councilmember Assefa-Dawson provided feedback and noted her concern, having previously taken the course. She is a proponent for financial literacy, and feels while there are beneficial parts to the program, there are aspects of it that are not applicable to all circumstances and populations. She requested the program incorporate suggestions that would be more relevant to those they are serving and be mindful of cultural differences. Councilmember Tran agreed with Councilmember Assefa-Dawson and asked for metrics on the success of the program. Mayor Ferrell thanked Councilmember Assefa-Dawson for the valued input; Council continued to discuss the pilot program; the mayor welcomed and encouraged input and participation from Council. DEPUTY MAYOR HONDA MOVED APPROVAL OF THE FINANCIAL LITERACY PILOT PROGRAM WITH SUGGESTED CHANGES; SECOND BY COUNCILMEMBER WALSH. The motion passed 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember McDaniel yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey excused DEPUTY MAYOR HONDA MOVED TO EXTEND THE MEETING BEYOND 10:00 P.M.; COUNCILMEMBER TRAN SECOND. The motion passed 6-0 as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey excused Councilmember McDaniel yes 9. ORDINANCES First Reading a. Council Bill #858/Ordinance: 202312024 Biennial Budget Amendment AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO AMENDING THE 2023-2024 BIENNIAL BUDGET (Amending Ordinance Nos. 22-941 and 23-959). Mayor Ferrell noted the presentation was given at the public hearing earlier in the meeting. He called for additional Council questions or public comment; none were received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER TRAN MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE SEPTEMBER 5, 2023 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed 6-0 as follows: Federal Way City Council Regular Minutes Page 7 of 10 August 8, 2023 Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes CouncilmemberAssefa-Dawson yes Councilmember Dovey excused Councilmember McDaniel yes b. Council Bill #859/Ordinance: Residential Open Space Comprehensive Plan Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE PARKS, RECREATION AND OPEN SPACE PLAN AND THE FEDERAL WAY COMPREHENSIVE PLAN CHAPTER 6, CAPITAL FACILITIES, TO FACILITATE AN UPDATE TO THE METHOD FOR CALCULATING OPEN SPACE FOR RESIDENTIAL SUBDIVISIONS (Amending Ordinance Nos. 90-43, 95-248, 96-270, 987330, 00-372,01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07- 558, 09-614, 10-671, 11-683, 13-736, 13-745, 15-796, 15-798, 18-843, 19-866, 21- 907, 22-938, 23-954, and 23-956). Mayor Ferrell noted the presentation was given at the public hearing earlier in the meeting. He called for additional Council questions or public comment; none were received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER TRAN MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE SEPTEMBER 5, 2023 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER WALSH. The motion passed 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey excused c. Council Bill #860/Ordinance: Residential Open Space Subdivision & Zoning Code Amendments AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO RESIDENTIAL OPEN SPACE; AMENDING FWRC 18.55.030, 18.55.040, 18.55.060, 18.60.030, 19.05.030, 19.05.150, 19.100.070, 19.125.060, 19.200.020, 19.200.040, 19.200.045, 19.200.100, 19.205.010, 19.205.040, 19.205.050, 19.205.070, 19.205.080, 19.215.050, 19.215.070, 19.215.150, 19.220.050, 19.220.080, 19.220.100, 19.225.070, 19.225.075, 19.230.060, 19.230.065, 19.240.085, AND 19.115.115. (Amending Ordinance Nos. 90-41, 90-43, 93-170, 94-223, 96-270, 97-291, 98-309, 98-330, 99-333, 00-375, 01-381, 01-385, 01-399, 02-423, 02-424, 03-450, 05-506, 06-515, 06-542, 07-545, 07-554, 07-559, 08-583, 08-585, 09-593, 09-605, 09-610, 10-652, 10-658, 10-678, 12-724, 12-727, 12-735, 13-754, 16-822, 17-834, 20-898, 21-921, 22-929, 22-932, 23-949, and 23-958) Senior Planner Evan Lewis provided a presentation regarding proposed amendments to the regulation of residential open space in Titles 18 and 19 of the Federal Way Revised Code. This update will provide consistency; clarity; implement the Housing Action Plan (HAP); and reduce the required amount of on -site, usable open space. He highlighted updates were made by staff following the presentation at the Council Committee meeting (FEDRAC) on July 25. Mr. Lewis noted the code amendment includes a single-family subdivision open Federal Way City Council Regular Minutes Page 8 of 10 August 8, 2023 space calculation method update, multifamily open space quantity update, updated definitions, and provides an open space exemption for developments of 5 or fewer units. It also includes updating to improve consistency of the fee -in -lieu option between single-family and multi -family, expands the fee -in -lieu option to the Business (BC) Zone, and removes the allowance for landscape tracts to count towards open space requirements. Mr. Lewis referenced one written comment recently received from Benjamin Taylor, Master Builders Association of King County. Council thanked Mr. Lewis for the presentation and asked clarifying questions. Councilmember McDaniel shared he feels the number used for the open space exemption is largely arbitrary and prefers to see it set at 9. No public comments were received. City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER TRAN MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE SEPTEMBER 5, 2023 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER TRAN. The motion passed 5-1 as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel no Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey excused Second Reading/Enactment d. Council Bill #856/Ordinance: Multi-Familv Tax Exemption Expansion to Community Business Zone/APPROVED ORDINANCE NO. 23-964 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO EXPANDING THE CITY'S MULTIFAMILY DWELLING UNIT LIMITED PROPERTY TAX EXEMPTION PROGRAM TO THE COMMUNITY BUSINESS ZONE; AMENDING FWRC 3.30.010, 3.30.020, AND 3.30.030 (Amending Ordinance Nos. 03-438, 09-600, 09-606). City Clerk Stephanie Courtney read the ordinance title into the record. COUNCILMEMBER WALSH MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER ASSFA-DAWSON. The motion passed 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey excused e. Council Bill #857/Ordinance: Renewing Lake Management District Number 1 for Steel Lake and setting September 19, 2023 as the Public Hearing for the Assessment Roll for the District /APPROVED ORDINANCE NO. 23-965 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RENEWING LAKE MANAGEMENT DISTRICT NUMBER 1 FOR STEEL LAKE AND SETTING A SEPTEMBER 19, 2023 PUBLIC HEARING ON THE ASSESSMENT ROLL FOR THE DISTRICT. City Clerk Stephanie Courtney read the ordinance title into the record Federal Way City Council Regular Minutes Page 9 of 10 August 8, 2023 COUNCILMEMBER WALSH MOVED APPROVAL OF THE PROPOSED ORDINANCE; SECOND BY COUNCILMEMBER TRAN. The motion passed 6-0 as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember McDaniel yes 10. COUNCIL REPORTS Councilmember Assefa-Dawson had no report. Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey excused Councilmember McDaniel enjoyed National Night Out and the recent Movie in the Park. Councilmember Tran had no report. Councilmember Walsh also enjoyed National Night Out and made it to 11 different neighborhoods and received some great feedback. He would like to see even more neighborhood participate next year. Deputy Mayor Honda reported on the successful Kiwanis Salmon Bake at Steel Lake, and noted the upcoming Kiwanis Golf Tournament. She enjoyed a Soroptimist event at Abbe Winery and encouraged attendance at Rosebud Children's Theatre summer productions. She noted that while the Council does not have a second meeting in August, councilmembers are still available and would like to hear from the community. Council President Kochmar had no report noting the beautiful weather in Cannon Beach. 11. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 10:12 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 10 of 10 August 8, 2023 COUNCIL MEETING DATE: September. . 5, 2023........ - . ... ... I.. ..TEM #: .. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO APPLY FOR AND ACCEPT THE STORMWATER CAPACITY GRANT POLICY QUESTION: Should the City Council authorize PW staff to apply for Department of Ecology Stormwater Capacity Grant as well as accept grant funds should they be awarded? COMMITTEE: Land Use and Transportation MEETING DATE: August 7, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kevin Du KD DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Approve the proposed grant application and acceptance. 2. Do not approve the proposed grant application and acceptance and provide direction to staff. MAYOR'S RECONINIE.);4TION: Option 1. MAYOR APPROVAL 4?5DIRECTORAPPROVAL:� `mil/a3 InitiaMate COMMITTEE RECOMMENDATION: I move to forward the proposed Authorization to Apply for and Accept the Stormwater Capacity Grant to the September 5, 2023 consent agenda for approval. N k Committee Chair Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Authorization to Apply for and Accept the Stormwater Capacity Grant. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: August, 7, 2023 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Directoo;N� Kevin Du, Surface Water Quality Program Supervisor KD SUBJECT: Authorization to Apply for and Accept the Stormwater Capacity Grant BACKGROUND During the Regional Operations and Maintenance program meeting on July 13, 2023 the Department of Ecology announced the availability of Capacity Grant funding in an amount up to $130,000.00 in match - free funding for each Phase I and II jurisdiction, to use in fulfilling requirements of the NPDES permit through training, equipment purchases, education and outreach, inspection/monitoring and program development. The application period closes on September 30, 2023. Public Works received Capacity Grant funding every grant cycle since Ecology first established the grant in 2013. In past grant cycles, the City used funds to support the following NPDES program elements: • Purchase and setup of a new asset management system • Public education and outreach activities, including Storming the Sound with Salmon • Public involvement and stewardship activities • Illicit discharge detection and elimination (IDDE) activities • Pollution prevention, good housekeeping, and operation and maintenance activities • Equipment purchases that result directly -in improved compliance with the permit • Storm system mapping and assessment For the 2023-2025 capacity grant cycle, the funding will be used to support similar activities for the current 2019-2024 permit and the upcoming 2024-2029 Western Washington Phase II Municipal Stormwater permit requirements currently being developed by Ecology. COUNCIL MEETING DATE: September 5, 2023 ITEM #:'6c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMENDMENT TO THE COMPREHENSIVE GARBAGE, RECYCLABLES, AND COMPOSTABLES COLLECTION CONTRACT POLICY QUESTION: Should City Council approve Amendment 1 to the Comprehensive Garbage, Recyclables, and Compostables Collection Contract? COMMITTEE: Land Use and Transportation MEETING DATE: August 7, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rebecca Kovar, Contract Coordinator DEPT: Public Works Attachments: 1. Staff Report 2. Amendment to the Comprehensive Garbage, Recyclables, and Compostables Collection Contract Options Considered: 1. Approve the proposed Amendment. 2. Do not approve proposed Amendment and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: Rate D IRECTOR APPROVAL: P;kInitiaMate COMMITTEE RECOMMENDATION: I move to forward the proposed Amendment to the September 5, 2023 consent agenda for approval. �IPICf Jack DoveY. Committee Chair JacW alst C mmittee Member H PROPOSED COUNCIL MOTION: "I motie-�proval of the proposed Amendment. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: August 7, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, Public Works DirectorlV ^A- A16X Rebecca Kovar, Environmental Services Division - Contract Coordinator SUBJECT: Amendment to the Comprehensive Garbage, Recyclables, and Compostables Collection Contract Financial Impacts: Revenue to the City from the Comprehensive Garbage, Recyclables, and Compostables Collection Contract with Waste Management (WM) varies based on billed accounts and services. Revenue is remitted monthly in the form of an administrative fee and is credited to the Solid Waste/Recycling special revenue fund (106). The proposed contract amendment will not alter revenues or costs. Back round Information: King County Solid Waste Division (KCSWD) is changing the rate structure for disposal of municipal solid waste at the County landfill. Currently, most of KCSWD's revenue comes from its per -ton fee for waste disposed at County facilities. As the region implements waste diversion and recycling programs, there will be a corresponding reduction in disposal revenues. As a result, the County restructured disposal fees into two components: an annual allocation for each city's share of system tonnage hauled to KCSWD facilities to cover `fixed' operating costs, and a corresponding reduced basic per -ton fee for waste brought into the system that reflects `variable' operating costs. This restructure is intended to collect the same revenue as the status quo while ensuring that the region's transfer and disposal system is funded to continue future operations. The restructure requires cities and waste haulers to update contract terms. The proposed amendment to the Comprehensive Garbage, Recyclables, and Compostables Collection Contract enables the hauler to meet the obligations established by the rate restructure. The King County Council approved this rate restructure in 2022, and then delayed implementation until 2024 to allow time to amend hauler contracts and accommodate the rate restructure. The proposed amendment is acceptable to our contracted hauler, WM. Rev 7/l8 At the retail level, the tipping fee component of rates will remain the same as if the rate restructure had not been implemented. Periodic tipping fee increases authorized by the King County Council will continue to be applied during annual rate adjustments as per usual, and there is no need to change itemization on ratepayer invoices. Rev. 7/18 FIRST AMENDMENT TO COMPREHENSIVE GARBAGE, RECYCLABLES, AND COMPOSTABLES COLLECTION SERVICES This FIRST AMENDMENT TO THE COMPREHENSIVE GARBAGE, RECYCLABLES, AND COMPOSTABLES COLLECTION SERVICES CONTRACT (this "Amendment') is entered into as of September _, 2023, by and between the City of Federal Way, a municipal corporation of the State of Washington ("City") and Waste Management of Washington, Inc. ("Contractor"). City and Contractor shall each be referred to herein individually as a "Party" and collectively as the "Parties." RECITALS WHEREAS, the Parties entered into the Comprehensive Garbage, Recyclables, and Compostables Collection Services Contract as of September 1, 2020 (the "Contract'); WHEREAS, as of January 1, 2024, King County ("County") will be restructuring its disposal rates to determine a fixed annual charge ("FAC") for commercial hauler disposal of all Garbage at the King County disposal facilities, which will be allocated on a proportionate basis to each jurisdiction within the King County Disposal System based on the total aggregate tons of Garbage sent by the respective jurisdictions; WHEREAS, Garbage from the City is sent to the King County Disposal System and will therefore receive an allocation of the FAC annually; WHEREAS, the Contractor shall be responsible for billing the FAC as a disposal charge to Customers and remitting the FAC to the County; WHEREAS, the Parties desire to amend the Contract to describe the Composite Commercial Rate ("CCR") methodology the Contractor will use to annually allocate and invoice the FAC and the County commercial hauler tipping fee ("County Tipping Fee") to Customers; NOW, THEREFORE, in consideration of the mutual covenants, agreements and promises contained herein, the Parties hereby agree as follows: AGREEMENT 1. Capitalized Terms used herein but not defined shall have the meanings set forth in the Contract. 2. Section 5.1.2. Itemization on Invoices. The fourth paragraph of Section 5.1.2 of the Contract shall be deleted and replaced in its entirety with the following: "The Contractor shall invoice Drop -Box Garbage Customers the Annual CCR (as described in Section 5.3.2) based on the applicable Drop -Box Container weight without mark-up." 3. Section 5.3.2. Changes in Disposal Fees, shall be deleted and replaced in its entirety with the following: "5.3.2 Chances in Disposal Fees . As of January 1, 2024, the Contractor shall annually adjust the disposal fee component of rates to reflect increases or decreases in the County Tipping Fee and King County Fixed Annual Charge ("FAC'). The Contractor shall First Amendment to Contract -City of Federal Way Page 1 of 11 utilize the Annual Composite Commercial Rate ("Annual CCR") methodology to annually adjust the disposal fee component of Customer rates to incorporate the FAC as follows: a. On or before September 1st of each year, the County shall notify the City and Contractor of the County Tipping Fee, FAC, and estimated commercial Garbage tonnage for the next calendar year. The FAC shall be divided by the County's estimated commercial Garbage tonnage which shall be expressed as a per -ton charge (the "Per -Ton FAC"). b. The Per -Ton FAC shall be added to the County Tipping Fee that will be applicable during the next year, the sum of which shall be the Annual CCR for each ton of City Garbage during the next year. c. Adjustments to the disposal fee component of rates charged to Customers shall be based on percentage increase or decrease in the Annual CCR from the previous year, and further adjusted by the excise tax on the change in the disposal fee component. Specific examples of rate modifications due to Annual CCR are provided in Exhibit F. Adjustments to the disposal fee component shall be made in units of one cent ($0.01). Fractions less than one cent ($0.01) shall not be considered when making adjustments. On or before October 1 st of each year, the Contractor shall submit to the City for review and approval a Rate Adjustment Statement, calculating the new rates and the Annual CCR for the next year. Notwithstanding the foregoing, in the event that the County notifies the City and the Contractor of the County Tipping Fee, FAC, and estimated commercial Garbage tonnage for the next calendar year after September 1 st, the Contractor shall submit to the City for review and approval a Rate Adjustment Statement no later than thirty (30) days after receipt of such notice from the County. The City shall have thirty (30) days to approve or disapprove the calculations. If the City disapproves the Contractor's calculations, the Parties shall meet immediately thereafter to resolve any disagreement as to the correct calculation of the rate adjustment under subsection (b) above or the Annual CCR. Upon approval of the calculations, the Contractor shall provide 45 days' notice of the new rates to its Customers, and the new rates shall be effective (i) on January 1st, or (ii) on the first day of the calendar month following the end of the 45-day notice period, whichever is later. Any delays in City approval or disapproval shall not be cause for a delay in implementation of the new rates and the Annual CCR. The business and occupation tax shall be applied to King County disposal fees. 4. Exhibit F, Fee Modification Examples, shall be deleted and replaced in its entirety with Attachment A hereto. 5. Exhibit E Contractor Rates, shall be deleted and replaced in its entirety with Attachment B hereto. Entire Agreement: Full Force and Effect. This Amendment constitutes the entire agreement between the City and the Contractor, and there are no promises, conditions, terms, obligations, statements or guarantees other than those contained herein. No modifications or amendments shall be valid unless in writing and fully executed by both Parties. Except as First Amendment to Contract -City of Federal Way Page 2 of 11 otherwise provided herein, all other terms and provision of the Contract shall remain in full force and effect. First Amendment to Contract -City of Federal Way Page 3 of 11 WITNESS THE EXECUTION HEREOF on the day and year first herein above written. By: Name: Its: WASTE MANAGEMENT OF WASHINGTON, INC. Jason S. Rose President By: Name Its: Attested By: Name: Its: Approved as to Form By: Name: Its: CITY OF FEDERAL WAY Jim Ferrell Mayor J. Ryan Call City Attorney First Amendment to Contract -City of Federal Way Page 4 of 11 ATTACHMENT A EXHIBIT F - RATE MODIFICATION EXAMPLES Collection Component Adjustment The collection component listed in Exhibit D will be increased or decreased by the amount of the CPI change: NCC = PCC x [1 + (nCPI - oCPI) / oCPI Where NCC = The new collection charge component of the Customer rate for a particular service level PCC = The previous collection charge component of the Customer rate for a particular service level nCPI = The most recent CPI value oCPI - The previous period's CPI value Using a collection component rate of $15.00 as an example, if the previous CPI is 143.2, the new CPI is 149.3 the collection component of the rate will increase from $ 15.00 to $ 15.64 on January 1, 2024. New Collection Component = $15.00 x [1 + (149.3 - 143.2) / 143.21 = $15.64 Annual CCR Com ponent Ad"ustment The Annual CCR component of the Customer charges listed in Exhibit E reflects the combination of the Per -Ton FAC and the County Tipping Fee. Any increase or decrease in the Annual CCR will not become effective until the new Annual CCR charges become effective and are actually charged to the Contractor. The Annual CCR component of each service level will be adjusted as follows: Step 1: nFAC = FAC / TONS Step 2: nCCR = nFAC + NTF Step 3: A = ODC x (nCCR / oCCR) Step 4: NDC = A + [(A-ODC) x CETR Where nFAC = The new Per -Ton FAC FAC = The new overall King County FAC TONS The King County estimated commercial garbage tonnage for the upcoming year nCCR = The new Annual CCR for the upcoming year, dollars per ton First Amendment to Contract -City of Federal Way Page 5 of 11 NTF = The new County Tipping Fee, dollars per ton A = The new pre -excise tax adjusted Annual CCR component ODC = The old Annual CCR component of the Customer rate for a particular service level; oCCR = The old Annual CCR, dollars per ton NDC = The new Annual CCR component of the Customer rate for a particular service level CETR = Current excise tax rate (the current State excise tax rate; 0.0175 used for this example). For example, using an arbitrary one 35-gallon cart rate of $20.00 per month with a collection component of $15.00 and a disposal component of $5.00: If the 2024 King County FAC is $22,614,181 and the estimated 2024 tonnage is 656,580, then the new Per -Ton FAC would be $34.44. If the new County Tipping Fee is $150.83 per ton, then the new Annual CCR would be $185.27 per ton starting January 1, 2024. If the old disposal component is $5.00, the old Annual CCR is $168.68 per ton, and the State Excise Tax rate is 1.75%, the new Annual CCR component of the Customer rate will be $5.50. New Per -Ton FAC = $22,614,181 / 656,580 = $34.44 per ton New Annual CCR = $34.44 + $150.83 = $185.27 per ton New Pre -Excise Tax Adjusted Annual CCR Component = $5.00 x ($185.27 / $168.68) _ $5.49 New Annual CCR Component = $5.49 + [($5.49 - $5.00) x 1.75%] _ $5.50 Thus, the new Customer charge for one 35-gallon cart per week Residential Curbside would be $15.64 plus $5.50, equaling $21.14 per month. Administrative Fee Adjustment The Contractor's rates shown in Exhibit E include an embedded City Administrative Fee, which may be adjusted from time to time, pursuant to Section 5.2. The initial contract rates have incorporated an Administrative Fee corresponding to a 3.2%fee on gross receipts from those Customers, as follows (1 yard, 1 pickup per week as example): Collection Fee ($78.47) + CCR (Disposal Fee) ($34.94) + Administrative Fee ($3.64) + Excise Tax at 1.5% on City Administrative Fee ($0.05)= Customer rate of 5117.08. In the event the City Administrative Fee is adjusted, the City Administrative Fee portion of the Contractor's Customer rates shall be adjusted in the manner shown in Exhibit F, which retains the Contractor's underlying compensation and ensures that the Contractor remains whole when the City Administrative Fee percent is changed overtime. First Amendment to Contract -City of Federal Way Page 6 of 11 ATTACHMENT B EXHIBIT E - CONTRACTOR RATES Cityof Federal Way$ 154.02 2022 Disposal $ 168.68 2023 Disposal $ 168.68 2023 Disposal $ 185.27 2024 Disposal 9.52% % of Disposal Change 9.84% % of Disposal Change 5 00% CPI % 0.00% CPI % 1 75% B80 1.75% B80 January 1, 2024 January 1, 2023 _ Pounds Disposal Collection Revised Admin. B&O Final Disposal Collection Revised Admin. B&O Final Service Level Fee Tax Revised Fee Tax Revised Per Unit Fee Fee Rates Fee Fee Rates 3.20% 1.75% Rates 3.Z0% 1.75% Rates Monthly One 32 gallon Garbage Cart 20.23 $ 1.69 $ 10.02 $ 11.71 $ 0.37 $ $ 12.08 $ 1.85 $ 10.02 $ 11.87 $ 0.37 $ $ 12.24 One 19/20- allon Garbage Cart 9.25 1 $ 337 $ 14.36 $ 17.73 $ 0.56 $ $ 1829 $ 3-70 $ 14.36 $ 1806 $ 057 $ $ 18-63 1 32/35- allon Garbage Cart 1618 $ 592 $ 17-46 1 $ 23-38 $ 074 $ 0.01 $ 24.13 $ 6.51 1 $ 17.46 $ 23.97 $ 0.76 $ 0.01 $ 24.74 1 60/64- allon Garbage Cart 32.36 $ 11.85 $ 22.61 $ 34.46 $ 1.10 $ 0.01 1 $ 3557 $ 13.03 $ 22.61 $ 35.64 $ 1.14 $ 0.01 1 $ 36.79 1 90/96- allon Garbage Cart 48.54 $ 17.81 $ 33.03 $ 50.84 $ 1.62 1 $ 0.02 $ 5248 $ 19591 $ 33.03 $ 52.62 $ 168 $ 0-02 $ 54-32 Extras (32 gallon equivalent) 16.18 $ 1-35 $ 5.36 1 $ 6-71 $ 021 1 $ $ 6.92 $ 1-48 $ 5.36 1 $ 6-84 1 $ 0.21 $ $ 7.05 Miscellaneous Fees: Recycling Only (no garbage service) $ 9.54 $ 0.30 $ $ 9.84 $ 9.54 $ 0.30 $ $ 9.84 Subscription rate for one 32-gallon Compostables Cart ? $ 11.62 $ 0.37 $ $ 11.99 $ 11.62 $ 037 $ $ 11.99 Subscription rate for one 64-gallon Compostables Cart $ 12.19 $ 0.39 $ - $ 12.58 $ 12.19 $ 039 $ $ 12.58 Subscription rate for one 96-gallon _ Compostables Cart , $ 12.79 $ 0.40 $ $ 1319 $ 12.79 $ 0.40 $ - $ 13.19 Extra Compostables (32 gallon Weekly bag/bundle/can)) $ 3.30 $ 0-10 $ $ 3.40 $ 330 $ 010 $ $ 340 Residential Second 96-Gallon Compostables Curbslde Cart rental only) I _ $ 1.64 $ 0.05 $ $ 169 $ 1.64 $ 0.05 $ $ 1.69 Service Additional 96-Gallon Compostables Cart (for ongoing excess above) ��- base 96- allon service _ $ 6-62 $ 021 $ $ 6.83 $ 6.62 $ 021 $ $ 6-83 Return Trip. per line of business $ 16.56 $ 0.52 $ $ 16.56 $ 0-52 $ $ 17.08 $ 17-08 Roll -out Charge. Der 25 ft. per cart W _ _ _ $ 3-30 $ 0-10 $ $ 3.40 $ 3.30 $ 0-10 $ $ 340 Drive-in Charge, per month, per line of business $ 6.62 $ 0-21 $ $ 6.83 $ 662 $ 0-21 $ $ 683 Dormant Account (charged past { four weeks suspension) per month -__ _ .__ ! $ 8.27 $ 0.26 $ $ 8 53 i $ 8.27 $ 026 $ $ 853 Overweight/Oversize container (per /u) $ 3.30 $ 0.10 $ $ 340 $ 330 $ 0.10 $ $ 3.40 Redelivery of one or more m containers $ 16.56 $ 0 52 $ - $ 17-08 ' ., $ 16.56 $ 0.52 $ $ 17.08 Cart Cleaning (per cart per cleaning) $ 11.04 $ 0.35 $ - $ 11.39 ": $ 11.04 $ 0.35 $ $ 11.39 First Amendment to Contract -City of Federal Way Page 7 of 11 Service Level Pounds Per Unk Disposal Fee Collection Fee Revised Rates Admin. Fee 3.20% B&O Tex 1.75% Final Revised Rates Disposal Fee Collection Fee Revised Rates Admin. Fee 3.20% B&O Tax 1.75% Final Revised Rates Non-CFC Containing Large Appliance ("whitegoods") per item $ 22.10 $ 0.70 $ 0.01 $ 22.81 $ 22-10 $ 0.70 $ 0.01 $ 22.81 On -Call Bulky Waste Refrigeratorsffreezers/Air Conditioners per item $ 33.14 $ 1.06 $ 0.01 $ 34.21 $ 33.14 $ 1.06 $ 0.01 $ 34.21 Collection Sofas. Chairs, per item 75.00 $ 6.33 $ 1625 $ 22-58 $ 0-72 $ 0.01 $ 23-31 $ 6-96 $ 1625 $ 23.21 $ 0.74 $ 0.01 $ 23.96 Miscellaneous, percubic yard 101.93 $ 8.60 $ 33.79 $ 42.39 $ 1.35 $ 0.02 $ 43.76 $ 9.45 $ 33.79 $ 43.24 $ 1.38 $ 0.02 $ 44.64 Mattresses, Baxsprrngs, per item 100.00 $ 8-46 $ 14.31 $ 22.77 S 0.72 $ 0.01 $ 23.50 $ 9.30 $ 14.31 $ 23-61 $ 0.75 $ 0,01 $ 24,37 One 20- allon Garbage Cart 9.25 $ 3-37 $ 19.01 $ 22.38 $ 0.71 $ 0.01 $ 23.10 $ 3.70 $ 19.01 $ 22.71 $ 0.72 $ 0.01 $ 23.44 1 32/35- allon Garba a Cart 16.18 $ 5.92 $ 19.55 $ 25.47 $ 0.81 $ 0.01 $ 26.29 $ 6.51 $ 19.55 $ 26.06 $ 0.83 $ 0.01 $ 26.90 1 60/64 allon Garbage Cart 32.36 $ 11.85 $ 26.40 $ 38.25 $ 1.22 $ 0.02 $ 39.49 $ 13.03 $ 26.40 $ 39.43 $ 1.26 $ 0.02 $ 40.71 1 90/96- allon Garba a Cart 48.54 $ 17.81 $ 33.24 $ 51.05 $ 1.63 $ 0.02 $ 52.70 $ 19.591 $ 33.24 1 $ 52.83 $ 1.69 $ 0.02 $ 54-54 Extras 32 allon a uivalen 16.18 $ 1.35 $ 5.36 $ 6.71 $ 0.21 $ - $ 6.92 $ 1.48 $ 5.36 $ 6.84 $ 0.21 $ $ 7.05 Emptying Litter & Recyclables receptacles in public areas, per unit. percollection (including lining) 16.18 $ 1.35 $ 3.15 $ 4.50 $ 0.14 $ $ 4.64 $ 1.48 $ 3.15 $ 4.63 $ 0.14 $ $ 4.77 Compostables Service: Weekly Commercial Weekly 35-gal Cart Yard Debris/Foodwaste service $ 12.76 $ 0.40 $ $ 13.16 $ 12.76 $ 0.40 $ $ 13.16 and MuldFamily Weekly 64-gal Cart Yard Debris/Foodwaste service $ 13.90 $ 13.47 $ 0.43 $ - $ 13.90 $ 13.47 $ 0.43 $ - Can and Cart Weekly 96-gal Cart Yard Debris/Foodwaste service $ 14.22 $ 0.45 $ $ 14.67 $ 1422 $ 0.45 $ - $ 14.67 Ancillary Fees: Return Trip. per line of business $ 16.56 $ 0.52 $ $ 17.08 $ 16.56 $ 0.52 $ - $ 17.08 Rollout Charge, per 25 ft. unit, per cart, per pickup. perweek $ 1.64 $ 0.05 $ $ 1-69 $ 1.64 $ 0.05 $ $ 1.69 Redelivery of containers $ 11.04 $ 0.35 $ $ 11.39 $ 11.04 $ 0.35 $ - $ 11.39 Compostable lining (per Cart, per pick-up) $ 4.42 $ 0.14 $ $ 4.56 $ 4.42 $ 0.14 $ $ 4.56 Cart Cleaning/Swap (per Cart) $ 11.04 $ 0.35 $ $ 11.39 g 11.04 $ 0.35 $ - $ 11.39 Weekly 1 Cubic Yard Container 343.59 $ 126.23 $ 338.08 $ 464.31 $ 14.851 $ 0.25 $ 479.41 $ 138.85 $ 338.08 $ 476.93 $ 15.26 $ 0.26 $ 492.45 Commercial 1.5 Cubic Yard Container 515.39 $ 189.36 $ 442.54 $ 631.90 $ 20.22 $ 0.35 $ 652.47 $ 208.30 $ 442.54 $ 650.84 $ 20.82 $ 0.36 $ 672.02 and 2 Cubic Yard Container 687.18 $ 252.50 $ 546.97 $ 799.47 $ 25.58 $ 0.44 $ 825.49 $ 277.76 $ 546.97 $ 824.73 $ 26.39 $ 0.46 $ 851.58 MuMFamlly 3 Cubic Yard Container 1,030.77 $ 378.74 $ 755.87 $ 1.134.61 $ 36.30 $ 0.63 $ 1,171.54 $ 416.63 $ 755.87 $ 1,172.50 $ 37.52 $ 0.65 $ 1,210.67 Detachable 4 Cubic Yard Container 1,374.36 $ 505.00 $ 964.77 $ 1,469.77 $ 47.03 $ 0.82 $ 1,517.62 $ 555.52 $ 964.77 $ 1,520.29 $ 48.64 $ 0.85 $ 1,569.78 Container (compacted) 6 Cubic Yard Container 2,061.54 $ 757.53 $1,393.59 $ 2,151.12 $ 68.83 $ 1.20 $ 2,221.15 $ 833.33 $ 1,393.59 $ 2,226.92 $ 71,26 $ 1.24 $ 2,299.42 First Amendment to Contract -City of Federal Way Page 8 of 11 Service Level Pounds Per Unit Disposal Fee Collection Fee Revised Rates Admin. Fee 3.20% B&O Tax 1.75% Final Revised Rates Disposal Fee Collection Fee Revised Rates Admin. Fee 3.20% B&O Tax 1.75% Final Revise Rates 1 Cubic Yard, 1pickup/week 114.53 $ 42.06 $ 86.71 $ 128-77 $ 412 $ 0,07 $ 132.96 $ 46.26 $ 86.71 $ 132.97 $ 4.25 $ 0.07 $ 137.29 1Cubic Yard, 2 pickups/week 114.53 $ 84.14 $ 173.44 $ 257.58 $ 8-24 $ 0.14 $ 265.96 $ 92.55 $ 173-44 $ 265.99 $ 8.51 $ 0.14 $ 274.64 1 Cubic Yard. 3 pickups/week 11453 $ 126,23 $ 260.16 $ 386.39 $ 12.36 $ 021 $ 398-96 $ 138.85 $ 260-16 $ 399.01 $ 12-76 $ 0.22 $ 411,99 1 Cubic Yard, 4 pickupstweek 114.53 $ 168.30 $ 34&90 $ 515-20 $ 16.48 $ 0.28 $ 531.96 $ 185.13 $ 346-90 $ 532.03 $ 17.02 $ 0.29 $ 549.34 1 Cubic Yard, 5 pickupstweek 114-53 $ 210-38 $ 433.63 $ 644-01 $ 20-60 $ 0.36 $ 664.97 $ 231.43 $ 433.63 $ 665-06 $ 21-28 $ 0.37 $ 686.71 1 5 Cubic Yard, 1 pickup/week 171.80 $ 63.10 $ 109.98 $ 173.08 $ 5.53 $ 0.09 $ 178.70 $ 69.40 $ 109.98 $ 179.38 $ 5.74 $ 0,10 $ 185.22 1.5 Cubic Yard, 2 pickups/week 171.80 $ 126.23 $ 219.99 $ 346.22 $ 11.07 $ 019 $ 357.48. $ 138.85 $ 219.99 $ 358.84 $ 11-48 $ 020 $ 370.52 1.5 Cubic Yard, 3 pickups/week 171-80 $ 189.35 $ 330.00 $ 519.35 $ 16,61 $ 029 $ 536,25 $ 208.29 $ 330.00 $ 538.29 $ 17.22 $ 030 $ 555.81 1.5 Cubic Yard, 4 pickups/week 171.80 $ 252,48 $ 440.01 $ 692-49 $ 22.15 $ 0.38 $ 715-02 $ 277.74 $ 440.01 $ 71775 $ 2296 $ 040 $ 741 11 1.5 Cubic Yard, 5 pickups/week 171.80 $ 315.60 $ 550.02 $ 865.62 $ 27.69 $ 0.48 $ 893.79 $ 347.17 $ 550.02 $ 89719 $ 2871 $ 050, $ 926.40 2 Cubic Yard. 1 pickups/week 229.06 $ 8414 $ 133.41 $ 217.55 $ 6.96 $ 0.12 $ 224-63 $ 92,55 $ 133.41 $ 225.96 $ 723 $ 0.12 $ 233.31 2 Cubic Yard, 2 pickupstweek 22906 $ 16830 $ 26682 $ 435.12 $ 13,92 $ 0.24 $ 44928 $ 185.13 $ 266-82 $ 45195 $ 14.46 $ 0.25 $ 466.66 2 Cubic Yard, 3 pickupstweek 229.06 $ 252,48 $ 40023 $ 652-71 $ 20,88 $ 0.36 $ 673-95 $ 27774 $ 400.23 $ 677.97 $ 21-69 $ 0.37 $ 700.03 2 Cubic Yard, 4 pickupstweek 229.06 $ 336.64 $ 53&65 $ 870,29 $ 2784 $ 048 $ 898.61 $ 370.31 $ 533.65 $ 903.96 $ 28.92 $ 0.50 $ 933.38 2 Cubic Yard, 5 pickupstweek 229-06 $ 420-81 $ 667.06 $ 1.087 87 $ 34.81 $ 060 $ 1,123.28 $ 462.91 $ 667-06 $ 1 129.97 $ 36.15 $ 0.63 $ 1,166.75 3 Cubic Yard, 1 pickup/week 343.59 $ 126,23 $ 180.78 $ 307.01 $ 9.82 $ 017 $ 317.00 $ 138.85 $ 180.78 $ 31963 $ 1022 $ 0.17 $ 330.02 Commercial 3 Cubic Yard, 2 pickups/week 343-59 $ 252-48 $ 361 59 $ 614,07 $ 19.65 $ 0-34 $ 634.06 $ 277.74 $ 361-59 $ 639.33 $ 20.45 $ 0.35 $ 660.13 Detachable 3 Cubic Yard, 3 pickupstweek 343.59 $ 378.72 $ 542A0 $ 921 12 $ 29.471 $ 0.51 $ 951.10 $ 416.61 $ 542.40 $ 959.01 $ 30.68 $ 0.53 $ 990.22 Container 3Cubic Yard, 4 pickups/week 343.59 $ 504.97 $ 723-21 $1,228-18 $ 39-30 $ 0-68 $ 1,268.16 $ 555.49 $ 723-21 $1278.70 $ 40-91 $ 0.71 $ 1,320.32 (loose) 3 Cubic Yard, 5 pickupstweek 343.59 $ 631.24 $ 904.02 $ 1,535.26 $ 49.12 $ 0.85 $ 1.585.23 $ 694.40 $ 904.02 $ 1 598-42 $ 51 14 $ 0,89 $ 1,650.45 4 Cubic Yard. 1 pickup/week 458.12 $ 168,31 $ 219.58 $ 387-89 $ 12-41 $ 0.21 $ 40051 $ 185.14 $ 219,58 $ 404.72 $ 12,95 $ 0.22 $ 417-89 4 Cubic Yard.,2 pickupstweek 458,12 $ 336.66 $ 439,19 $ 775.85 $ 24.82 $ 0.43 $ 801.10 $ 370.341 $ 439.19 $ 809.53 $ 25.90 $ 0.45 $ 835-88 4 Cubic Yard, 3 pickupstweek 458.12 $ 505.01 $ 658.80 $ 1 163.81 $ 3724 $ 0.65 $ 1,201,70 $ 555.53 $ 658.80 $ 1 214.33 $ 38.85 $ 0.671 $ 1.253.85 4 Cubic Yard, 4 pickupstweek 458.12 $ 673,36 $ 878.39 1$1.551,75 $ 49,65 $ 0.86 $ 1,602.26 $ 740.73 $ 878,39 $ 1,619.12 $ 51 81 $ 0.90 $ 11671.83 4 Cubic Yard 5 pickupstweek 4.5812 $ 841.71 $1 098.00 $ 1 939.71 $ 62.07 $ 1.08 $ 2.002,86 $ 925.93 $ 1 098.00 $ 2 023-93 $ 64.76 $ 1.13 $ 2,089.82 6 Cubic Yard, 1 icku /week 68718 $ 252.50 $ 302-69 $ 555.19 $ 17,76 $ 0.31 $ 573.26 $ 277.76 $ 302-69 $ 580.45 $ 18.57 $ 0.32 $ 599.34 6 Cubic Yard, 2 icku s/week 687.18 $ 505.00 $ 605,39 $ 1 110.39 $ 35.53 $ 0,62 $ 1,146,54 $ 555.52 $ 605-39 $ 1.160-91 $ 37.14 $ 0,64 $ 1.198-69 6 Cubic Yard, 3 icku s/week 687A8 $ 757.53 $ 908.11 $ 1 665.64 $ 53.30 $ 0.93 $ 1,719.87 $ 833.33 $ 908.11 $ 1,741.44 $ 55.72 $ 0.97 $ 1.798-13 6 Cubic Yard, 4 icku s/week 687.18 $1 010,03 $1 210.81 $ 2 220,84 $ 71.06 $ 1.24 $ 2.293,14 $1 111.09 $ 1,210.81 $ 2 321-90 $ 74.30 $ 1.30 $ 2.397-50 6 Cubic Yard, 5 icku s/week 687,18 $1 262.56 $1,513.53 $ 2.776 09 $ 88.83 $ 1.55 $ 2 866-47 $1,388.90 $ 1,513.53 $ 2 902.43 $ 92.87 $ 1.62 $ 2.99692 8 Cubic Yard, 1 pickup/week 91&24 $ 336.65 $ 36672 $ 703.37 $ 22,50 $ 0.39 $ 726.26 $ 370.33 $ 36672 $ 737.05 $ 23.58 $ 0.41 $ 761.04 8 Cubic Yard, 2 icku stweek 916.24 $ 673.34 $ 733-45 $ 1.406.79 $ 45.01 $ 0.78 $ 1.452.58 $ 740.71 $ 733.45 $ 1 474.16 $ 47.17 $ 0.82 $ 1.52215 8 Cubic Yard, 3 pickupsN✓eek 916.24 $1,010.02 $1,100 19 $ 2,110 21 $ 67.52 `$ 1.18 $ 2,178.91 $1,111.08 $ 1,100.19 $ 2,211.27 $ 70-76 $ 1.23 $ 2,28326 8 Cubic Yard, 4 icku s/week 916.24 $1.346-71 $1,466.92 $ 2 813.63 $ 90.03 $ 1.57 $ 2.905.23 $1 481.47 $ 1 466-92 $ 2 948.39 $ 94.34 $ 1.65 $ 3.044.38 8 Cubic Yard, 5 icku stweek 916.24 $1,683,39 $1 833.65 $ 3.517.04 $112541 $ 1.96 $ 3.631,54 $1 851.84 $ 1,833-65 $ 3 685.49 $ 117.93 $ 2.06 $ 3,805.48 Extra loose cubic yard in container, per pickup 11453 $ 9.69 $ 7.65 $ 1734 $ 0.55 $ - $ 1789 $ 10,651 $ 7.65 $ 18.30 $ 0.58 $ 0.01 $ 18.89 Extra loose cubic yard on ground, per pickup 11453 $ 9,69 $ 13.17 $ 2286 $ 073 $ 001 $ 23.60 $ 10.65 $ 13.17 $ 23.82 $ 0.76 $ 0.01 $ 24.59 Detachable Container Ancillary Fees (per occurrence): Stand-by Time (per minute) $ 1.76 $ 0.05 $ $ 1.81 $ 176 $ 0051 $ - $ 1.81 Container Cleanirig (per yafd of container size, including transport) Ali $ 11.04 $ 035 $ $ 11.39 �r�, $ 1104 $ 035 $ $ 11.39 Redelivery of Containers $ 3314 $ 1.06 $ 001 $ 3421 "'rh�+a_.$ 3314 $ 1 06 $ 001 $ 34.21 urn Trip per line of business �j $ 16 56 $ 0.52 First Amendment to Contract -City of Federal Way Page 9 of 11 Service Level Pounds Per Unit Disposal Fee Collection Fee Haul Cha a Admin Fee B&O Tax Haul Charge Disposal Fee Collection Fee Haul Charge Admin. Fee B&O Tax Haul Charge Nor compacted 10 cubic yard Drop box $ 219.28 $ 7.01 $ 012 $ 226.41 $ 219.28 $ 7.01 $ 0.12 $ 226.41 Non -compacted 15 cubic yard Drop box $ 219-28 $ 7.01 $ 0.12 $ 226.41 $ 219.28 $ 7.01 $ 0.12 $ 226.41 Non -compacted 20 cubic yard Drop box $ 219.28 $ 7.01 $ 0.12 $ 226.41 $ 219.28 $ 7.01 $ 0.12 $ 226.41 Non -compacted 25 cubic yard Drop box $ 219.28 $ 7.01 $ 0.12 $ 226.41 $ 219.28 $ 7.01 $ 0.12 $ 226.41 Non -compacted 30 cubic yard Drop Commercial and MuItlFamlly box $ 219.28 $ 219.28 $ 7.01 $ 0.12 $ 226.41 $ 219.28 . . . . $ 219.28 $ 7.01 $ 0.12 $ 226.41 Non -compacted 40 cubic yard Drop box $ 7.01 $ 0.12 $ 226.41 $ 7.01 $ 0.12 $ 226-41 Drop -box Collection Compacted 10 cubic yard Drop -box $ 266.16 $ 8.51 $ 0.14 $ 274.81 $ 266-16 $ B-51 $ 0-14 $ 274-81 Compacted 15 cubic yard Drop -box $ 266.16 $ 8.51 $ 0.14 $ 274.81 $ 266.16 $ 8.51 $ 0.14 $ 274.81 Compacted 20 cubic yard Drop -box, $ 266.16 $ 8.51 $ 0.14 $ 274.81 $ 266.16 $ 8.51 $ 0.14 $ 274.81 Compacted 25 cubic y2rd Drop -box $ 266.16 $ 8.51 $ 0.14 $ 274.81 $ 266.16 $ 8.51 $ 0.14 $ 274.81 Compacted 30 cubic yard Drop -box $ 266.16 $ 8.51 $ 0.14 $ 274.81 $ 266.16 $ 8.51 $ 0.14 $ 274.81 Compacted 35 cubic yard Drop -box $ 266.16 $ 8.51 $ 0.14 $ 274.81 $ 266.16 $ 8.51 $ 0.14 $ 274.81 Compacted 40 cubic yard Drop -box $ 8,51 $ 0.14 $ 274.81 $ 8.51 $ 0.14 $ 274.81 $ 266.16 $ 266.16 Daily Rent Daily Rent Daily Rent Daily Rent Non -compacted 10 cubic yard Drop box $ 2-06 $ 0,06 $ $ 2.12 $ 2.06 $ 0.06 $ $ 2.12 Non -compacted 15 cubic yard Drop . box $ 246 $ 0,07 $ - $ 2.53 $ 2.46 $ 0.07 $ $ 2.53 Non -compacted 20 cubic yard Drop box $ 2.94 $ 0.09 $ $ 3.03 $ 2.94 $ 0.09 $ - $ 303 Non -compacted 25 cubic yard Drop box $ 3.39 $ 0.10 $ $ 3.49 $ 3.39 $ 010 $ $ 3.49 Non -compacted 30 cubic yard Drop box $ 3.82 $ 0.12 $ $ 3.94 $ 3.82 $ 0.12 $ - $ 3.94 Non -compacted 40 cubic yard Drop - box $ 4.23 $ 0-13 $ - $ 436 $ 4.23 $ 0-13 $ $ 4.36 Drop -box Ancillary Fees Per Event Per Event Per Event Per Event Return Trip $ 33-14 $ 1-06 $ 0.01 $ 34.21 $ 33.14 $ 1.06 $ 0.01 $ 34.21 Stand-by Time (per minute) $ 1.76 $ 0.05 $ - $ 1.81 $ 1.76 $ 0.05 $ - $ 1-81 Container cleaning (per yard of container size) $ 11.04 $ 0.35 $ - $ 11.39 E $ 11.04 $ 0.35 $ $ 11.39 Solid Lid Surcharge (per month of rental $ 22.10 $ 0.70 $ 0.01 $ 22.81 $ 22.10 $ 0,70 $ 0.01 $ 22.81 Drop -box directed to other facility (per mile, one-way) $ 4.12 $ 0.13 $ $ 4.25 1 $ 4.12 $ 0.13 $ - $ 4.25 First Amendment to Contract -City of Federal Way Page 10 of 11 Pounds Disposal Collection Haul Admin Haul Disposal Collection Haul Admin. B8O Tax Haul Service Level Per Unit Fee Fee Char a Fee B8O Tax Charge Fee Fee Charge Fee Charcie 2 Yard detachable Container 229.06 S 19.40 $ 38.47 $ 57.87 $ 1.85 $ 0,03 $ 59.75 S 21.33 S 38.47 $ 59,80 $ 1.91 $ 0.03 $ 61.74 4 Yard detachable Container 458.12 $ 38.84 $ 63.34 $ 102.18 $ 3.26 $ 0.05 $ 105.49 $ 42.71 $ 63.34 $ 106.05 $ 3,39 S 0.05 $ 109,49 6 Yard detachable Container 687.18 S 58.24 $ 87.31 $ 145.55 $ 4.65 $ 0,08 $ 150-28 $ 64-06 $ 87.31 $ 151.37 $ 4,84 $ 0.08 $ 156.29 8 Yard detachable Container 916.24 $ 7768 $ 105 77 S 183,45 $ 5.87 $ 0.10 $ 189A2 $ 85.44 $ 105.77 $ 191.21 $ 6.11 $ 0,10 $ 197.42 Temporary Non -compacted 10 cubic yard Drop - - box - $ 259.22 $ 8,29 S 0-14 $ 267.65 _ S 259.22 $ 8.29 $ 0.14 $ 267.65 MultiFamily & Commercial Non -compacted 15 cubic yard Drop box $ 259.22 $ 8.29 $ 0.14 $ 267.65 $ 259.22 $ 8.29 $ 0.14 $ 267.65 Collection & Non -compacted 20 cubic yard Drop _ Hauling box , $ 259.22 $ 8.29 $ 0,14 $ 267.65 $ 259.22 $ 8.29 $ 0.14 $ 267.65 Non -compacted 25 cubic yard Drop - box $ 259,22 $ 8.29 $ 0,14 $ 267-65 ---- $ 259.22 $ 8.29 $ 0,14 $ 267.65 Non -compacted 30 cubic yard Drop _ . j box S 259.22 $ 8.29 $ 0.14 $ 267.65 $ 259.22 $ 8,29 $ 0:14 $ 267.65 Non -compacted 40 cubic yard Drop _ box -• $ 259.22 $ 8.29 $ 0.14 $ 267-65 $ 259.22 $ 8.29 $ 0.14 $ 267,65 Service Level Daily Rent Admin. 9 & O Daily Rent Daily Rent Admin. B & O Daily Rent Fee Tax Fee I Tax 2 Yard detachable container $ 1A2 $ 0.04 $ $ 1.46 $ 1.42 $ 0-04 $ $ 1.46 4 Yard detachable container MES 1.59 $ 0.05 $ - $ 1,64 $ 1.59 S 0.05 S $ 1.64 6 Yard detachable container S 1.98 $ 0.06 $ - $ 2.04 $ 1.98 $ 0.06 $ - $ 2.04 8 Yard detachable container _ $ 2.20 $ 0-07 $ $ 2.27 f: $ 2.20 $ 0-07 $ $ 2.27 Non -compacted 10 cubic yard Drop box $ 2-58 $ 0.08 $ - $ 2.66 S 2.58 $ 0.08 $ $ 2.66 Temporary Collection Non -compacted 15 cubic yard Drop -- _ - box - _ S 3-12 $ 0,09 $ - $ 3.21 $ 3.12 $ 0.09 $ s 3.21 Contatner Non -compacted 20 cubic yard Drop - Rental and box $ 167 $ 0.11 $ - $ 3 78 $ 3.67 $ 0.11 $ $ 3.78 Delivery Non -compacted 25 cubic yard Drop box $ 4,23 $ 0.13 $ S 4-36 S 4.23 $ 0.13 $ - $ 4.36 Non -compacted 30 cubic yard Drop box $ 4.78 $ 0.15 $ $ 4.93 $ 4.78 $ 0.15 $ - $ 4.93 Non -compacted 40 cubic yard Drop _ box S 5.30 S 0.16 $ $ 5.46 $ 5,30 $ OA6 $ - $ 5A6 Delivery Delivery Deliver Delive Delivery Fee (all sizes) $ 100.96 $ 3.23 $ 0,05 $ 104.24 li 100.96 $ 3,23 $ 0.05 $ 104.24 Per Day Per Day Per Day Per Da Event Deli�ry, prom 810n, collection of a Services set of 3 carts (0, R &C) Service $ 27,62 $ 0.88 $ M1 $ 28.51 $ 27.62 $ 0-88 S 0.01 $ 28.51 Per Hour- Per Hour Per Hour I Per Hour $ 16M6 $ 5.13 S 0.08 $ 165.77 • - $ 160,56 $ 5.13 $ 0.08 $ 165,77 Rear/Side-load packer+driver Hourly Rates Front -load packer + driver _ $ 16 0.56 $ 5.13 $ 0.08 $ 165.77 . - _ _ $ 160.56 $ 5.13 $ 0.08 $ 165,77 1 Drop -box Truck+driver - $160.56 $ 5.13 $ 0.08 $ 165.77 :_ $ 160.56 $ 5.13 $ 0.08 $ 165.77 Additional Labor (per person) _ _ S 87.24 $ 2.79 $ M4 . $ 90.07 '" $ 67.24 $ 2.79 $ 0.04 $ 90.07 ebate Rebate Initial Year Recyclable Commodity Value, per MF yd $ 0.81 $ 0.81 Commodity Initial Year Recyclable Commodity Credit Value, per Com'l yd $ 0,10 $ 0.10 Initial Year Recyclable Commodity _ - Value, per res'I customer $ 2.38 $ 2.38 First Amendment to Contract -City of Federal Way Page 11 of 11 COUNCIL MEETING DATE: September 5, 2023 ITEM #: d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2022 PAVEMENT REPAIR — PROJECT ACCEPTANCE POLICY QUESTION: Should the Council accept the 2022 Pavement Repair Project constructed by Puget Paving & Construction, Inc. as complete? COMMITTEE: Land Use and Transportation MEETING DATE: August 7, 2023 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jeff Huynh j _ _ DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated August 7, 2023. Options Considered: 1. Authorize final acceptance of the 2022 Pavement Repair Project constructed by Puget Paving & Construction, Inc., in the amount of $325,438.68 as complete. 2. Do not authorize final acceptance of the 2022 Pavement Repair Project constructed by Puget Paving & Construction, Inc., as complete and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL:&][ &Yi 4 Co c Initial/Date Initial/Date Initial/Da[e COMMITTEE RECOMMENDATION: I move to forward Option I to the September 5, 2023 consent agenda for approval. N I�0-7 Jack Dovey, Committee Chair J4 a h, ommittee Member Huang Tran, CojWniittee Member PROPOSED COUNCIL MOTION: "I lnov authorize final acceptance of the 2022 Pavement Repair Project constructed by Puget Paving & Construct 034 Inc., as complete. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) _ COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: August 7, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, RE, Public Works Directoro�- Jeff Huynh, Capital Engineer ) H SUBJECT: 2022 Pavement Repair - Project Acceptance Financial Impacts; The cost to the City for the 2022 Pavement Repair Project was included within the approved budget under the Public Works Department, 101 Fund Maintenance contracts, and 102 Arterial Street Fund. The Project costs are tracked under Capital Project 212 within the 306 Fund (Transportation Capital). This is the acceptance of the construction project as complete, therefore, no additional funds are proposed to be spent as part of this agenda item. Background Information: Puget Paving and Construction, Inc., was selected and awarded the 2022 Pavement Repair Project on July 19, 2022 for the lowest responsive, responsible bidder with a total of $317,943.40. The 2022 Pavement Repair Project contract with Puget Paving and Construction, Inc., is complete. The final construction contract amount is $325,438.68. This is $24,561.32 below the $350,000.00 (include $32,056.60 contingency) budget approved by the City Council on July 19, 2022. Rev 6/2020 COUNCIL MEETING DATE: September 5, 2023 ITEM #: / a ........... . ..... . . ....... . . . ..... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: THERAPEUTIC COURTS INTERAGENCY AGREEMENT POLICY QUESTION: Should the City Council give approval to accept grant funds awarded by the Administrative Office of the Courts ("AOC") to continue to provide therapeutic court services? COMMITTEE: NIA MEETING DATE: CATEGORY: ❑ Consent ® City Council Business ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Judge Dave Larson DEPT: Municipal Court Attachments: 1. Staff Report 2. AOC Interagency Agreement IAA24203 Options Considered: 1. Ratify Interagency Agreement IAA24203 to provide reimbursement to the court in support of its therapeutic court services. 2. Do not ratify Interagency Agreement IAA24203 and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: NIA 3 JUDGE APPROVAL: Committee Cat 61 Initial/Date lnuial DaiC COMMITTEE RECOMMENDATION: NIA Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to rates the proposed Interagency Agreement. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading C1 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2019 RESOLUTION # z/Z3 CITY OF FEDERAL WAY MEMORANDUM DATE: July 27, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Judge Dave Larson SUBJECT: Therapeutic Courts Interagency Agreement Financial Impacts: The Court applied for and received an allocation of $174,743 out of monies appropriated by the legislature in the 2023 session to be spent between July 1, 2023 and June 30, 2024. The monies are allocated to the City as reimbursement for expenses incurred by the Court and we are seeking ratification of the agreement. The monies awarded are as follows: 1. $135,000 for the continuation of Peer Services with Peer Washington/Peer Kent at Federal Way and Des Moines Municipal Courts; 2. $9,503 for staff equipment for our move of Community Court to the Federal Way Regional Library in partnership with the King County Library System; 3. $30,240 for domestic violence treatment for qualified defendants. Background Information: 1. Peer Support We had a successful experience with the use of peer navigators and this money will allow us to continue with that program. Our contract with Peer Washington provides 1.6 FTEs of peer support services with 1.0 FTE assigned to Federal Way and .6 assigned to Des Moines. 2. Staff Equipment These funds will pay for necessary computers, a printer/scanner, microphones, camera for Zoom, television for projecting Zoom participants, and security equipment. The Federal Way Regional Library and the Court will partner with sharing of a resource network housed at the library. 3. Domestic Violence Treatment Domestic violence treatment is not covered by insurance. This means that many defendants cannot afford treatment and, therefore, do not comply. This creates problems ranging from delays in court proceedings to j ail time for noncompliance with treatment. Many defendants have other issues such as substance abuse, mental illness, unemployment, and housing instability. This money will be used to pay for treatment with the expectation that defendants in the program will also be engaged in other services. DocuSign Envelope ID: C454A7D6-413D-46CF-B42E-59E2A07.FEC2E THERAPEUTIC COURTS INTERAGENCY AGREEMENT IAA24203 BETWEEN WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS AND FEDERAL WAY MUNICIPAL COURT THIS AGREEMENT (Agreement) is entered into by and between the Administrative Office of the Courts (AOC) and Federal Way Municipal Court (Court), (collectively as the Parties). The Parties hereby enter into this Agreement whereby Court will perform certain services for, and provide product deliveries to AOC. The Court is subject to the terms and conditions specified in Attachment A and agrees to the following terms and conditions. PURPOSE The purpose of this Agreement is to provide reimbursements to assist Courts with costs related to Therapeutic Court and must use funding to identify individuals before their court with substance use disorders or other behavioral health needs and engage those individuals with community -based therapeutic interventions within the Court's jurisdiction in accordance with the Court's application, and Statement of Work (Attachment A). II. REIMBURSEMENT A. The awarded amount is$174,743.00 . Court will use funds as described in the Exhibit A. B. General. AOC shall provide reimbursement to the Court for approved and completed reimbursements by warrant or account transfer within 30 days of receipt of a properly completed A-19 invoice and the completed data report as required below. III. PERIOD OF PERFORMANCE Performance under this Agreement begins July 1, 2023 regardless of the date of execution, and ends on June 30, 2024. IAA24203 Page 1 of 7 DocuSign Envelope ID: C454A7D6-413D-46CF-B42E-59E2A07FEC2E IV. COMPENSATION AND PAYMENT A. AOC will reimburse the Court up to a maximum/NTE/ of$174,743.00 for payments made by the Court during the period from July 1, 2023 to June 30, 2024 related to the Therapeutic Court Program B. The Court shall submit invoices to AOC for expenditures no more frequently than monthly, and no less frequently than quarterly. Invoices shall be submitted on state form A-19. C. Before payment can be processed, properly -completed A-19 invoices must be submitted to payablesccurts.wa.gov with a CC to CLJThera euticCourtsApplication5 cour-ts.wa.goy D. If this agreement is terminated, the Court shall only receive payment for performance rendered or costs incurred in accordance with the terms of this agreement prior to the effective date of termination. E. The Court shall maintain sufficient backup documentation of expenses under this agreement. F. Payments made by AOC within 30 days of receipt of a properly -completed A-19 invoice shall be deemed timely. G. This amount includes expenses necessary or incidental to performing the items under the Statement of Work, including, but not limited to, travel, lodging and per diem related expenses. Court will submit an invoice after the completion and acceptance of each deliverable listed in the Exhibit A. The awarded amount is $174,743.00 . The Court will use the funds for the following cost categories: Cost Category Amount Personnel salaries & benefits $135,000.00 Staff equipment $9,503.00 Training $0.00 Treatment services $30,240.00 Recovery Supports $0.00 Total Amount $174,743.00 The amounts between cost categories may vary the amount in any particular category by up to 10%, but any adjustments beyond 10% require the explicit written consent of AOC's Point of Contact, and in no case may the total amount exceed the total amount listed above. IAA24203 Page 2 of 7 DocuSign Envelope ID: C454A7D6-413D-46CF-B42E-59E2A07FEC2E Funds cannot be used for: replacing or supplementing the salary of current employees of the Court (employees must be taking on additional work or be a new employee to be eligible for funding), • program incentives that constitute a gift or reward • items and activities outside of the cost categories listed in the Court's contract. V. BILLING PROCEDURES Court will submit properly prepared Form A-19s via email to AOC Financial Services at payables(d-�courts.wa.gov and include a CC to CLJTherapeuticCourtsApplications@coLirts.wa.gov. Invoices shall be submitted no less frequently than quarterly during the term of the contract. Incorrect or incomplete invoices shall be returned by AOC to Court for correction and reissuance, and may result in delays in funding. All Invoices shall provide and itemize, at a minimum, the following: A. Contract Number; B. Court name, address, phone number; C. Court Federal Tax Identification Number; D. Description of Services to be provided; E. Date(s) Services will be provided; F. Total Invoice Price. Payment will be considered timely if made by the AOC within thirty (30) calendar days of receipt of a properly prepared invoice. Payment shall be sent to the address designated by the Court. The AOC may, in its sole discretion, terminate the contract or withhold payments claimed by the Court for services rendered if the Court fails to satisfactorily comply with any term or condition of this contract. No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the AOC. VI. REVENUE SHARING A. AOC in its sole discretion, may initiate the revenue sharing. AOC will notify the Court no later than May 1, 2024 that AOC intends to reallocate funding among IAA24203 Page 3 of 7 DocuSign Envelope ID: C454A7D6-413D-46CF-B42E-59E2A07FEC2E courts. If AOC determines the Court may not spend all monies available under the Agreement, then AOC may reduce the Agreement amount. If AOC determines the Court may spend more money than is available under the Agreement and for its scope, then the AOC may increase Agreement amount. B. If the AOC initiates the revenue sharing process, then the Court must submit a final revenue sharing A19 to a ables courts.wa. ov between July 12, 2024 and August 1, 2024. VII. APPROPRIATIONS The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Legislature of Washington State (Legislature) for the performance of this Agreement. If sufficient appropriations and authorization are not made or removed by the Legislature, this Agreement will terminate immediately upon written notice being given by the AOC to the Court. The decision as to whether appropriations are sufficient to perform the duties under this Agreement is within the sole discretion of AOC. VIII. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by agreement of the parties. Such amendments are not binding unless they are in writing and signed by personnel authorized to bind each of the parties. IX. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. X. RECORDS, DOCUMENTS, AND REPORTS The Court shall maintain books, records, documents and other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this agreement. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the AOC and the Office of the State Auditor, or so authorized by law, rule, regulation, or agreement. The Court will retain all books, records, documents, and other material relevant to this agreement for six years after settlement, and make them available for inspection by persons authorized by this provision. IAA24203 Page 4 of 7 DocuSign Envelope ID: C454A7D6-413D-46CF-B42E-59E2A07FEC2E XI. RIGHT OF INSPECTION The Court shall provide right of access to its facilities to the AOC, or any of its officers, or to any other authorized agent or official of the state of Washington at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this agreement. XII. DISPUTES Disputes arising under this Agreement shall be resolved by a panel consisting of one representative from the AOC, one representative from the Court, and a mutually agreed upon third party. The dispute panel shall thereafter decide the dispute with the majority prevailing. Neither party shall have recourse to the courts unless there is a showing of noncompliance or waiver of this section. XIII. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. XIV. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement must be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order: A. Applicable state and federal statutes and rules; B. This Agreement; and C. Any other provisions of the agreement, including materials incorporated by reference. XV. ASSIGNMENT The work to be provided under this Agreement, and any claim arising hereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. IAA24203 Page 5 of 7 DocuSign Envelope ID: C454A7D6-413D-46CF-B42E-59E2A07FEC2E XVI. WAIVER A failure by either party to exercise its rights under this Agreement does not preclude that party from subsequent exercise of such rights and is not a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. XVII. SEVERABILITY If any provision of this Agreement, or any provision of any document incorporated by reference is held invalid, such invalidity does not affect the other provisions of this Agreement which can be given effect without the invalid provision and to this end the provisions of this Agreement are declared to be severable. XVIII. AGREEMENT MANAGEMENT The program managers noted below are responsible for and are the contact people for all communications and billings regarding the performance of this Agreement: Tessa Clements PO Box 41170 Olympia, WA 98504-1170 tessa.clements(c-bcourts.wa.gov Tiziana Giazzi 33325 8th Avenue South, Suite 102 Federal Way, WA 98003 tiziana.giazzi@cityoffederalway.com XIX. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement are considered to exist or to bind any of the parties to this agreement unless otherwise stated in this Agreement. IAA24203 Page 6 of 7 DocuSign Envelope ID: C454A7D6-413D-46CF-B42E-59E2A07FEC2E AGREED: Administrative Office of the Courts Court DLL6W cuSinned by: ---Do cuS igned by: o- Atoif. }�%io 7/28/2023 1 9:25 �4W� ,c Mi - r-i7 — - eFk kp---6 un.4e.... Signature Date Signature Dawn Marie Rubio Name State Court Administrator Title David Larson Name Presiding Judge Title 7/28/2023 1 9:23 AM PDT Vate IAA24203 Page 7 of 7 DocuSign Envelope ID: C454A7D6-413D-46CF-B42E-59E2A07FEC2E ATTACHMENT A: STATEMENT OF WORK The Court must use funding to identify individuals before their court with substance use disorders or other behavioral health needs and engage those individuals with community -based therapeutic interventions within the Court's jurisdiction in accordance with the Court's grant application. I. Use of Funds: • Personnel salaries & benefits for staff (coordinator, case manager, peer support, prosecution, defense, judicial) while working on therapeutic court duties or procedures. • Staff equipment — includes computers, staff phones (desk and cell) printers, fax machines, IT maintenance and program subscriptions that support the program • Therapeutic Court team training- Includes National Association of Drug Court Professionals All RISE conferences, Washington state Association of Drug Court Professionals state conferences, training staff on the use of risk-needs- responsivity assessments and evidence -based treatment modalities, • Treatment services not covered by participants' insurance or co-insurance costs (deductibles, spend downs, etc.) that are deemed unaffordable to the participant (therapeutic services specifically designed to address SUD and MH) & compliance monitoring, and • Other participant services that are not accessible through other local, state or federally available programs within a reasonable standard (other supportive services meant to ensure participant success- i.e. transportation services, including bus passes or car services providing transportation to court related activities and direct provision of meals, water and snacks, phones for checkout to participants and the purchase of minutes for those phones). II. REPORTING The Court shall submit quarterly reports to AOC documenting the progress their therapeutic court program and engage in technical assistance calls with the Behavioral Health team on quarterly. These reports shall provide: • the number of program participants (therapeutic court referrals, entries, opt in agreements, active participants, terminations and graduations) for the corresponding quarter, the services provided to program participants for the corresponding quarter, the cost of services provided to program participants for the corresponding quarter, with back up documentation m other costs accrued by the Court to support the therapeutic court program during the corresponding quarter, with back up documentation IAA24203 A-1 DocuSign Envelope ID: C454A7D6-413D-46CF-B42E-59E2A07FEC2E Challenges faced by the Court in operating their therapeutic court program during the corresponding quarter. Reports shall be submitted to https://inside.courts.wa.govLaUs/th 3peuticgrants • on the following schedule: Reporting schedule: Period Quarter I Report Due 07/01/23-09/30/23 10/13/23 10/01 /23-12/31 /23 01 /15/24 01 /01 /24-03/31 /24 04/15/24 04/01/24-06/31/24 7/15/24 final report for the year) Failure to submit a report by the due date will adversely affect the Court's eligibility for future funding. Other deliverables are required if applicable to a specific Therapeutic Court. When there is any question about deliverables, Court should communicate with the AOC Program Manager (refer to section XIX of the agreement) or bLt s: inside.courts-wa-goy apps/clierapeuti�s to determine which deliverables are applicable to you Court. When using these funds, other deliverables may include the following: 10 Attend regular meetings with the Administrative Office of the Court Behavioral Health Program • Attend trainings identified and/or provided by the Behavioral Health Program • Build/plan/attend stakeholder meetings to include all therapeutic court roles and other community stakeholders • Build/maintain therapeutic court advisory committee • Create/implement/maintain MOUs with stakeholders and/or partner agencies • Follow internal protocol to create/advertise/hire/onboard for therapeutic court program roles • Develop/review/regularly update therapeutic court operations/policies and procedures • Track and maintain data • Completing the Washington Therapeutic Court Evaluation and Review (WATER) on an annual basis, according to the period of performance of this award (Refer to section III of the agreement). • Begin/continue evaluation of data to identify areas of success and need • Plan and present at local stakeholders/community meetings to educate and increase awareness of the therapeutic court Use data and evaluation to begin/continue plans for sustaining the therapeutic court IAA24203 A 2 COUNCIL MEETING DATE: September 5, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARPA GRANT PROJECTS SUPPORTING ECONOMIC DEVELOPMENT POLICY QUESTION: Should the City Council approve the outlined ARPA Grant projects in support of economic development in the City? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Tanja Carter, Director DEPT: Economic Development Attachments: 1. Staff Report Options Considered: 1. Approve the proposed ARPA Grant projects. 2. Do not approve the proposed ARPA Grant projects and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 . MAYOR APPROVAL: � _ Co ittce Ini[iaUD-iii COMMITTEE RECOMMENDATION: N/A APPROVAL: ?.� On 05 fnitiallDa c Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed ARPA Grant projects as presented. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 5, 2023 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Tanja Carter, Economic Development Director SUBJECT: ARPA Grant Projects for Economic Development Financial Impacts: The City Council allocated $750,000 in ARPA funds to support economic development projects in the 23/24 biennial budget. The proposed projects outlined below will use $715,760 of the total $750,000. Backp_round Information: In November 2022, City Council approved a proposal to allocate $750,000 in ARPA funds to support economic development. Since the beginning of 2023 various projects have been developed based on in field research and best practices in economic development. Additionally, care has been taken to not "reinvent the wheel" if successful projects or programs already exist. The intention is to leverage those existing resources, subject matter experts or existing infrastructure to ensure that the funds can support as many businesses in succeeding for as long as possible. Projects included will support business growth, business retention and attraction, tourism, and workforce development. As the projects are initiated, success metrics will be defined and reported to Council on an ongoing basis (quarterly economic development report). The project concepts have been shared, in general, with the Federal Way Chamber and Small Business Development Center (SBDC) with the goal of collaboration in as many facets as possible as the projects progress. The projects were created within the framework of "what problem are we addressing/solutioning for?" and are detailed below: Grant Writer Hire a contract term staff member to be more proactive in developing various city needs into projects that can be used to search for and procure grants through federal, state, and private sources. Estimated cost: $95,000.00. Grant Writing Workshop Series Provide businesses and non -profits in Federal Way access to a series of workshops with subj ect-matter experts in grant funding and grant writing thus enabling them to learn how to procure funding in a sustainable way. Estimated cost: $8,000.00. Fundraising Workshop Series Provide businesses and non -profits in Federal Way access to a series of workshops with subj ect-matter experts in fundraising thus enabling them to learn how to procure funding in a sustainable way. Companion class to the grant writing series. Estimated cost: $8,000.00. Top 100 People, Places, & Things in Federal Way History Tourism opportunities slowed significantly throughout the COVID-19 Pandemic; adversely affecting businesses. As the city returns to normal, one of several strategies within this Economic Development ARPA program is to reinvigorate tourism and reignite pride throughout the city through discovery and promotion of what is authentic to Federal Way. This program will lay the foundation to enable future programming, promotion, workforce/business and tourism attraction with authentic stories, venues, experiences not found in other cities. Estimated cost: $20,000.00. Placemaking Strategy Through multifaceted research, it is noted that the business community is generally unaware of Federal Way's geographical location within Washington nor what Federal Way provides as a business hub. This project will identify, highlight, and promote Federal Way advantages to the business community. This community includes: prospective businesses, site selectors, real estate developers, workforce talent (employees), and economic development professionals. The project will effectively become a "digital sales team" for Federal Way to increase awareness. Estimated cost: $185,000.00. Economic Development Website Audit Existing economic development websites are out of date in both structure and content, decreasing visibility to businesses, tourists, site -selectors, developers, and the general public (visitfw, downtownfederalway, shoplocalfederalway... ). The audit will create a SWOT (Strengths, Weaknesses, Opportunities, and Threats) and GAP analysis (comparative data between current statistics and target statistics) using competitive cities for comparison to understand what the target audiences (site selectors, tourists, real estate developers, businesses...) expect and where improvements can be made. Estimated cost: $12,760.00. Economic Development Website Rebuild/Rebrand: After auditing existing websites, revamped and/or additional websites will be created to better align with target audience needs. The websites will be more discoverable, user-friendly sites that are easily maintained through minimal in-house effort. The rebranding and rebuilding strategy will also enable the websites to be a "virtual sales team" to drive tourism and business attraction as well as promotions that the Economic Development department undertakes. Estimated cost: $17,000.00. Shop Federal Way Upgrade: Low digital literacy rates, especially for small business owners during COVID negatively impacted businesses ability to earn profits and retain customers, Upgrading the existing shoplocalfederalway.com site to an e-commerce enabled platform, in addition to directly providing ongoing technical assistance to businesses for set up, troubleshooting and maintenance of individual storefronts; will provide opportunities for business to not only be supported in digital literacy and online storefronts; but will also create a more vibrant online community for consumers. The ongoing marketing of the site will be funded through a small sliding scale fee (and the only direct cost to businesses) that will directly be invested in digitally promoting the website so it can be found by prospective customers. Estimated cost: $80,000.00. Business Enterprise Start-up Training: Federal Way seeks to utilize the tools and structured growth strategies within the existing Washington Department of Commerce Business Enterprise Start -Up Training Program to provide education, advancement, and on -going support to start-up's in Federal Way. Estimated cost: $40,000.00. Business & CTE Partnership Program Businesses are increasingly having trouble finding and retaining workforce. Economic Development, in collaboration with Federal Way Public Schools and Highline College, will develop a program to connect businesses to school Career & Technical Education (CTE) programs through (for example) on site visits, internships and job fairs. The goal is to help develop a workforce pipeline between local schools and local businesses. Estimated cost: $20,000.00 Business Outreach Programs: After completion of the first annual business outreach to 500 city businesses; feedback will be compiled from the qualitative question asked ("what keeps you up at night as a business owner"). A program or programs will be created and executed to directly address said business concerns. The program(s) progress will also be measured and monitored and businesses will be encouraged to share feedback at the next annual business outreach - which is designed to measure city business interaction/support as well as overall business environment overtime. Estimated cost: $100,000.00. Retail Attraction Strategy: The City desires to support retail property owners in identifying and attracting potential new retail opportunities. As such, the City will analyze the retail landscape through study and analysis of current retail absorption, consumer demographics, geographical desirability etc.in Federal Way / regionally; and provide this information to property owners (depending on their needs) to support in identifying and helping attract prospects as retail vacancy increases. Estimated cost: $30,000.00. Hotel Absorption Analysis: The City wishes to confirm whether and what type of additional hotel could be absorbed in Federal Way on the TC-3 site. This analysis will provide data and financial modelling as to which type of hotel, which brand and what a multi -year financial operations forecast looks like. Additionally, support will then be provided to attract above said hotel, should it prove to be viable. Estimated cost: $20,000.00. In -Home Childcare Business Incubator: There is currently a lack of geographically -accessible childcare in Federal Way which creates hardships for both businesses and employees; thus limiting business growth potential. This program will partner with childcare training institutes to offer certification and continuous support to entrepreneurs seeking to establish childcare businesses in Federal Way. Estimated cost: $80,000.00. The above project costs are initial estimates and will be confirmed in Q4 2023 as projects are initiated. Any remaining funding will be allocated to projects on an as needed and success basis. COUNCIL MEETING DATE: September 5, 2023 f ITEM #: 7c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: REQUEST FOR AUTHORIZATION TO APPLY FOR MIDDLE HOUSING GRANT POLICY QUESTION: Should City Council authorize the submittal to the Washington State Department of Commerce for a Middle Housing grant application? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Chng Skadsen, Senior Planner DEPT: Community Development Attachments: 1. Staff Report 2, �-fft Zc Gi04 Options Considered: 1. Authorize the grant application submittal. 2. Do not authorize the grant application submittal and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: WIN DIRECTOR APPROV Committee Ca it Initial/Date Saitia ate COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed authorization. " /BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading _ ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: August 31, 2023 TO: City Council VIA: Jim Ferrell, Mayor FROM: Keith Niven, AICP, CEcD, Community Development Director Chaney Skadsen, Associate Planner SUBJECT: Request for Authorization to Apply for Middle Housing Grant FINANCIAL IMPACTS: There is no local match requirement to the city for applying for the Middle Housing Grant. BACKGROUND INFORMATION: The 2023-2025 State Operating Budget (Senate Bill 5187) directs the Washington State Department of Commerce to administer grants and provide technical assistance to cities or counties for actions relating to adopting ordinances that plan for and accommodate housing. Commerce will make approximately $4.5 million available in statewide grants to implement House Bill 1110 (2023) supporting the development of middle housing. HB 1110 defines "Middle housing" as "buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing." A key provision of the bill mandates that cities must adhere to its specifications and terms within six months of the subsequent periodic update required under RCW 36.70A.130. In this case, the City of Federal Way is scheduled to adopt the Periodic Update to the Comprehensive Plan December of 2024. Consequently, the city is under obligation to implement and conform to the mandates of HB 1110 by June 2025. MAYOR's RECOMMENDATION The Mayor recommends authorization to submit application for Missing Middle Grant. ATTACHMENT 1. Fact Sheet for Implementing HB 1110 Revised July 2023 Middle Housing in Washington: Fact Sheet for Implementing E2SHB 1110 Topics APPLICABILITY................................................................................................................................................................... 2 DESIGNAND DENSITY.......................................................................................................................................................3 LOTSPLITS AND SUBDIVISION.......................................................................................................................................... 4 TRANSITSTOPS AND PARKING .... ......... ..... .............. ...................... ..........._..........--.-.-.-........_.-..._........... ____ ............. ..... 4 ADDITIONALQUESTIONS: .................. ....... ............................... ........... __ ....... .................. ....... ................ _ _ 5 In 2023, the Washington State Legislature passed E2SHB 1110 ("HB 1110"), which substantially changes the way many cities in Washington are to plan for housing. HB 1110 requires cities of certain sizes and locations to allow multiple dwelling units per lot in a middle housing type of form. Commerce is collecting questions from local governments about the bill and other related legislation passed this session, and has answered certain questions received below, with more to follow. If you have additional questions or need for technical assistance, please email dave-osaki@commerce.wa.gov or Anne.Fritzel@commerce.wa.gov. What is middle housing? HB 1110 defines "Middle housing" as "buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing." What types of assistance will be coming from Commerce? • Model ordinances: Commerce is directed under the HB 1110 to publish model ordinances no later than six months following the effective date of the bill, which will be in January of 2024. Stakeholders will be notified of the opportunity to review drafts of the model middle housing ordinances in the fall of 2023 and invited to provide comment. • Grant program: Commerce will offer a statewide competitive grant program in the 2023-2025 biennium to help jurisdictions implement the bill's requirements. All grant funds must be expended by June of 2025. • Continuing guidance from Commerce: Commerce has already developed a web page on middle housing, which includes tools such as PowerPoint presentations, photos, posters, and will include objective design standards, and a pro -forma calculator that local governments can use to communicate about middle housing.' Commerce will also be developing the following to implement the middle housing legislation: ■ Middle housing model ordinances and guidance on the requirements Rules for a process by which cities may seek Commerce approval of an alternative local action necessary to meet the requirements of the bill.' � ��•t�'«.cotrimaree.wn.e�v;sert ins-s:umisiunitics�gra�tinh-man�l�rtne�sl grs��'th-2ai�tna�emei5l-lc]�srs�pI:utm�7c for-st7i_ddle-itswsFng? ' See L-3SHB 1110. Sec 4(3 ) E2SHB 1110 MIDDLE HOUSING PRELIMINARY INFORMATION, JULY 13, 2023 V3-1 Standards and procedures for Commerce to use when processing a city request to extend the date by when middle housing rules must be applied, when and where certain criteria apply. Guidance to assist cities on preparing a parking study.' Possible changes to land capacity and buildable lands guidance to address units per lot density requirements, APPLICAB.I_LITY What are cities required to do? Table 1 below summarizes the middle housing requirements that apply to cities in each of the three population tiers established by HB 1110.4 Commerce will provide more detail in the coming year on requirements of the bill and implementation tools. Table 1: Basic requirements for cities subject to the HB 1110 in the 2024-2027 periodic update. Minimum number of NEAR A MAJOR TRANSIT WITH AFFORDABLE middle housing units that STOP: Minimum number of HOUSING: Minimum must be allowed per lot in middle housing units that number of middle housing predominately residential must be allowed per lot units that must be allowed zones within Y mile walking per lot with affordable distance of major transit stop housing in predominately in predominately residential residential zones where zones density in applicable zone does not otherwise allow this number (See also HB 1110, Sec. 3(2)) TIER ONE: Cities with 4 du/lot, unless zoning 6 du/ lot, unless zoning 6 du/lot if at least 2 units population of at least 75,000 permits higher densities permits higher densities are affordable, unless E25HB 1110, Sec. 3(1)(b) zoning permits higher densities TIER TWO: Cities with 2 du/lot unless zoning 4 du/lot, unless zoning 4 du/lot if at least 1 unit is population of at least permits higher densities permits higher densities affordable, unless zoning 25,000 but less than 75,000 permits higher densities E2SHB 1110, Sec. 3(1)(a) TIER THREE: Cities with 2 du/lot, unless zoning N/A N/A population under 25,000 permits higher densities that are contiguous with a UGA that includes the largest city in a county with a population over 275,000 E2SHB 1110, Sec. 3(1)(c) Which cities are required to allow middle housing? Over the 2024-2027 periodic update cycle, cities of at least 25,000 in population must allow middle housing, as well as cities with a population less than 2S,000 in a county of over 275,000 population and which are within a contiguous urban growth area that includes the largest city in the county. Table 2, at the end of the document, identifies Scc F'SI IR 1 1 10_ Scc. ',(7)o) E_�HE 111G, sec �ill)(o) I egi!irF- use cf the 1'li,hinglon Stat- Orfic: of Financnl r%,!, nIt's � 020 I 1 pc)pui Itic17 d:,ta �ttp� //cfl,) v, gov/v:ashin ton-d�:ta-r��rch/Liopulation demo=nhhics�populnUoi� e�iii�i,te E2SHB 1110 MIDDLE HOUSING PRELIMINARY INFORMATION, JULY 13, 2023 \I cities currently subject to the requirements of HB 1110, based on 2020 Office of Financial Management population data, and Commerce's best understandings When does a local government need to allow middle housing? Cities subject to the bill must implement the requirements no later than six months after their next periodic update required under RCW 36.70A.130. Cities in the central Puget Sound region (within King, Kitsap, Snohomish and Pierce counties) have the earliest periodic review deadline, on December 31, 2024, which means that they must implement the bill by June 30, 2025- Additional cities may be added to this list over time or moved to the next tier, should they meet the population threshold in future years. Commerce recommends cities look ahead to when their population might meet the thresholds in the bill and be prepared to meet the requirement, if applicable, within 12 months after their next implementation progress report required under RCW 36.70A.130.6 DESIGN AND DENSITY What does E2SHB 1110 mean when it uses the term "density"? "Density" measured in "dwelling units per acre" has traditionally been the way that zoning ordinances have regulated residential land use. HB 1110 introduces the term "unit density" because the bill focuses instead on the -minimum number of dwelling units on a lot, not on a per acre basis. Local jurisdictions may need to review and amend comprehensive plan policies and development regulations to take this into consideration, at least for accommodating middle housing. How can cities adopt design and development standards that reflect differences between detached single -unit houses and "middle housing" types? One way to adopt design and development standards that reflect differences between detached single - unit houses and "middle housing" types is to adopt standards for middle housing that are less restrictive than existing standards required for detached single-family residences. Because HB 1110 Section (6)(b) states that middle housing regulations may not be .more restrictive" than for detached single-family residences, there is flexibility for some standards to be less restrictive.7 One example might be to allow driveway widths that are narrower for certain middle housing types than for a detached house. The less restrictive standard, however, must still be objective (see further below in a separate question regarding EHB 1293's objective development regulations). An alternate way to adopt design and development standards is through the administrative design review process in HB 1110 Section 3(6)(a). "Administrative design review" is defined, in part, as, "...a development permit process whereby an application is reviewed, approved, or denied by the planning director or the planning director's designee based solely on objective design and development standards without a public predecision hearing..."' Objective design review standards enable a city to adopt those middle housing specific standards that it deems necessary to achieve compatibility in residential zones where detached single family houses are the predominant use. These middle housing standards may include design and development standards that are not existing requirements for a detached single family residence so long as these design and development standards are "objective" and promote compatibility. The middle housing definition conveys that objective design and development standards are intended to make middle housing buildings compatible with, not identical to, the scale, form and character of detached single family houses. e "NEW* QUESTION JULY 2023: Can a city still have a design review board? While some cities may choose to have a design review board review certain types of permits, e.g., for commercial development, HB 1110 allows only administrative design review for middle housing. This means that the planning director or the planning director's designee must decide based on objective criteria, and not a design review board.10 Another 2023 bill, ESHB 1293, places constraints on all design review, not just for housing, including a limitation of no more than one public meeting and the requirement to use only "clear and objective" development regulations. s If your city is incorrectly listed or incorrectly omitted, please contact Commerce. E2SHB 1110, Sec. 3(11)(b) See E2SHB 1110, Sec. 3 6(a) and 6(b) s See E2SHB 1110, Sec. 2(1) 9 See E2SHB 1110, Sec 2(21) "Middle housing" means buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and cottage housing. io E2SHB 1110, Sec. 3(6)(a) E2SHB 1110 MIDDLE HOUSING PRELIMINARY INFORMATION, JULY 13, 2023 v3, i *NEW* QUESTION JULY 2023 Are cities required to adopt Commerce's 2023 Objective Design and Development Standards? No. The standards in the Objective Design and Development Standards Toolkit are provided solely as a resource for cities to consider at their discretion to provide for middle housing. Commerce will prepare model ordinances by January 2024 specific to HB 1110 requirements. Given that all cities must allow two accessory dwelling units per lot under HB 1337, how does this harmonize with E2SHB 1110 (middle housing)? HB 1337 (section 4(1)(c)) requires that, within urban growth areas, cities and counties allow two accessory dwelling units on all lots in zoning districts that allow single-family homes. HB 1110 (section 3(5)), requires that cities allow at least six of the nine types of middle housing to achieve the required unit count. A city must allow accessory dwelling units and such units may help achieve the unit count, AND the city also must allow middle housing types (such as a duplex) that can satisfy the minimum density11 (i.e., unit count per lot). For example, where a city must allow two or four units per lot, it does not have to increase the unit count to also accommodate two ADUs.12 A city may choose to allow such a higher count but is not required to do so. Both bills require that a city allow separate sale of units and the land they sit upon. *NEW* QUESTION JULY 2023 Is a city required to change the name of zoning districts that include "single-family" (or something similar) in the title? No. HB 1110 does not require that a new name, be assigned to a zoning district, however, some cities have chosen to rename their single-family zones. For example, the City of Walla Walla has renamed its previous "single family" zones as "Neighborhood Residential Zones" which allow both detached and middle housing types. A city that wishes to rename an existing zoning district, or to create, name, and map a new one, has authority to do so as a legislative action, LOT SPLITS AND SUBDIVISION Does HB 1110 require a city to allow subdivision of land into lots smaller than 11000 square feet and then also require that the city allow additional units on these small lots? HB 1110 Section 3(6)(g) states, in part, "Any city subject to the requirements of this section ... are not required to achieve the .... density under this act on lots after subdivision below 1,000 square feet unless the city chooses to enact smaller allowable lot sizes." A city has discretion to allow subdivision of land into lots less than 1,000 square feet and allow additional units on each of those lots, but is not required to do so. While lots may be subdivided (or even if a lot is not subdivided), the ability to fully achieve four units per lot, for instance, may be limited by the size of the lot and the application of development standards such as maximum lot coverage, parking, and setback requirements. TRANSIT STOPS AND PARKING *NEW* QUESTION JULY 2023: The middle housing bill requires increases in allowed density within "walking distance of a major transit stop". Does this mean distance is to be measured along some reasonable path, such as street network or by a straight line distance? A city may use a method of measuring walking distance that is not just a straight line distance (although using a straight line distance is acceptable if a city chooses that method). To measure walking distance typically means to calculate the actual walking distance of each path (whether sidewalk, street edge, or trail) that connects one location to another. For purposes of HB 1110, this would include measuring the walking distance of each pedestrian route leading from a lot to the lot or specific right of way location on which a major transit stop is located. This type of measurement can be done using certain computerized mapping applications. However, it is likely to result in a smaller total area (and not identified by standard shape, such as a circle) on a map than a simple measurement that radiates equidistant from the major transit stop. For practical reasons, jurisdictions are encouraged 1- E2SHB 1110, Section 3(5) states, "A city must allow at least six of the nine types of middle housing to achieve the unit density required in subsection (1) of this section. A city may allow accessory dwelling units to achieve the unit density required in subsection SJ of this section, cities are not required to allow accessory dwelling units or middle housing types beyond the density requirements in subsection (1) of this section. A city must also allow zero lot line short subdivision where the number of lots created is equal to the unit density required in subsection (1) of this section." 12 E2SHB 1110 and EHB 1337 do not expressly state how to reconcile the different requirements between the two bills for jurisdictions with a two unit density requirement per lot. E2SHB 1110 MIDDLE HOUSING PRELIMINARY INFORMATION, JULY 13, 2023 V3 1 to define a station area using logical boundaries such as roads, edges of land use designations, or other features to delineate a logical area. *NEW* QUESTION July 2023 What is the maximum off-street parking requirement for middle housing on a lot exactly 6,000 square feet in area? E2SHB 1110 Section 3(6)(e) and (f) address off-street parking requirements for middle housing based on lot size as follows, "(e) Shall not require more than one off-street parking space per unit as a condition of permitting development of middle housing on lots smaller than 6,000 square feet before any zero lot line subdivisions or lot splits; (f) Shall not require more than two off-street parking spaces per unit as a condition of permitting development of middle housing on lots greater than 6,000 square feet before any zero lot line subdivisions or lot splits," A lot exactly 6,000 square feet is not addressed. In instances where a lot is 6,000 square feet, a jurisdiction may specify in its development regulations whether (6)(e) or (6)(f) will apply. Regardless, fewer parking spaces than the maximum under HB 1110 may be appropriate in many locations. In general, in this specific situation, Commerce recommends requiring fewer parking spaces to reduce barriers to housing development. A developer may choose to provide additional parking spaces. ADDITIONAL QUESTIONS: Commerce has received additional questions, which will be answered in further updates, including: • How are jurisdictions to allow zero lot line subdivisions? • How does the definition of Major Transit Stop, which includes, "fixed guideway systems", apply? • How does the provision in ESHB 1293 about height apply to "stepbacks" in particular circumstances (such as for properties adjacent to single-family zones)? • Should airport overlay areas be exempted from needing to allow additional middle housing? • Are there best practices for wildfire/urban interface areas that could be used for E2SHB 1110 implementation? • Will Commerce provide guidance to utilities to help with growth modeling? • E2SHB 1110, EHB 1337, and ESHB 1293 establish requirements for local government development regulations, but not comprehensive plans. Do we need to adopt plan policies that reference or align with these new regulatory changes? • Can a city adopt and apply middle housing design and development standards through an overlay zone? • What type of design standards may cities require for accessory dwelling units? • How should land capacity be calculated, given that more units will be allowed? • Does E25HB 1110 have any bearing on vacant residential land that is yet to be platted? The bill does not seem to indicate if it only applies to platted lots of record as of 2023, or if lots created through future residential plats would also be affected. AFFORDABILITY • Would the bill requirement for mid -size cities to allow 4 units per lot outside % mile distance from a major transit stop mean we cannot allow additional units without an affordability requirement? • Does E2SHB 1110 require jurisdictions to allow plats within Y. mile of transit with 4-plexes on each lot, or does that requirement only apply to existing lots meeting the size requirements of the zoning? • Does E2SHB 1110 allow jurisdictions to apply affordability requirements within X mile of transit? • Would an affordability requirement that provided the same number of affordable units, but some flexibility in the types of units allowed, be considered compliant? CONTACT INFORMATION Dave Osaki, Middle Housing Lead: dave.osaki@commerce.wa.us Anne Fritzel: Growth Management Housing Programs Manager anne.frltzel@commerce.wa.us E2SHB 1110 MIDDLE HOUSING PRELIMINARY INFORMATION, JULY 13, 2023 V 3.1 Table 2 - 2020 City populations and three tiers per HB 1110 Section 3(1)(a)-(c) TIER 1 TIER 2 TIER 3 Cities with population of at least Cities with population of at 75k least 25k and but less than 75k Cities with populations less than 25K that are within a contiguous UGA with the largest city, in a county with a population more than 275,000 Seattle 737,015 Redmond 73,256 Kenmore 23,914 Spokane 228,989 Marysville 70,714 Tukwila 21,798 Tacoma 219,346 Sammamish 67,455 Mukilteo 21,538 Vancouver 190,915 Lakewood 63,612 Mountlake Terrace 21,286 Bellevue 151,854 Richland 60,560 Mill Creek 20,926 Kent 136,588 Shoreline 58,608 Covington 20,777 Everett 110,629 Olympia 55,382 Arlington 19,868 Renton 106,785 Lacey 53,526 Washougal 17,039 Spokane Valley Federal Way 102,976 101,030 Burien I 52,066 Port Orchard 48,161 Lake Forest Park 15,587 Bothell 13,630 Yakima 96,968 Bremerton 43,505 Woodinville 13,069 Kirkland 92,175 Puyallup 42,937 Newcastle 13,017 Bellingham 91,482 Edmonds 42,853 Edgewood 12,327 Auburn 87,256 Issaquah 40,051 Liberty Lake 12,003 Kennewick 83,921 Lynnwood Lake Stevens 38,568 Fife 10,999 Pasco 77,108 35,630 35,575 j I Airway Heights Sumner 10,757 10,621 Counties with April 1, 2020 population greater than 275,000 King 2,269,675 Wenatchee Mount Vernon University Place 35,219 DuPont 10,151 34,866 Milton 8,697 Pierce 920,393 Walla Walla 34,060 Pacific 7,235 E2SHB 1110 MIDDLE HOUSING PRELIMINARY INFORMATION, JULY 13, 2023 ►w Snohomish Spokane 827,957 Des Moines SeaTac 32,888 Fircrest 7,156 539,339 31,454 Normandy Park 6,771 Clark 503,311 Maple Valley 28,013 Steilacoom 6,727 Thurston 294,793 Camas 26,065 Brier 6,560 Kitsap 275,611 Mercer Island 25,748 Black Diamond j i 4,697 Tumwater Moses Lake 25,573 Algona 3,290 25,146 Clyde Hill 3,126 Medina 2,915 Millwood 1,881 Woodway 1,318 Yarrow Point 1,134 Ruston 1,055 Hunts Point Beaux Arts Village 457 317 E2SHB 1110 MIDDLE HOUSING PRELIMINARY INFORMATION, JULY 13, 2023 7 \' ; 1 COUNCIL MEETING DATE September 5, 2023 ITEM #: 8 a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: MFTE APPLICATION DEADLINE POLICY QUESTION: Should the City Council amend Title 3 to provide increased flexibility for an MFTE applicant to submit an application any time prior to the issuance of certificate of occupancy? COMMITTEE: Land Use & Transportation MEETING DATE: August 7, 2023 CATEGORY: ❑ Consent ❑ City Council Business ® Ordinance ❑ Public Hearing ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven T O DEPT: CD Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOM MEN%kTION: Option 1. MAYOR APPROV Initial/Date DIRECTOR APPROVAL: H � 11 July 23 Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on September 5, 2023. NIR Jack Dovev, Committee Chair ittee Member Hoang Tran, minittee Member PROPOSED COUNCIL MOTION(S): . FIRST READING OF ORDINANCE 61 /23): `I move to forward approval of the proposed ordinance to the September 19, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (9/19/23): "7 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED —1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 11, 2023 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Keith Niven, CD Director — SUBJECT: MFTE Application Deadline Financial Impacts: There are no fiscal impacts to the City for adopting the proposed code amendment. Back round Information: Heartland, LLC was hired by the City to look at existing codes and policies that might be limiting housing production within the City. Heartland presented to the Planning Commission in January and to the Land Use & Transportation Committee in February. Based on their existing conditions evaluation and gap analysis, Heartland recommended 9 actions to address issues they found. These recommendations may be summarized as: 1. Expand the Multi Family Tax Exemption (FWRC 3.30.030) to the Community Business (BC) zone; 2. Reduce the amount of ground floor non-residential space that is required; 3. Increase building height within 100 feet of single family for the BC zone; 4. Reduce the parking requirement for the BC zone; 5. Make consistent the open space requirement and allow for a fee in lieu of option; 6. Allow stormwater to be placed in vaults within the BC zone; 7. Provide predictability for school impact fees; 8. Remove the City's inclusionary requirement; and, 9. Remove the restrictions on building form. Since recommendation 1 is the only recommendation to impact Title 3 (the others were to Title 19), this item was forwarded and approved by the City Council as a stand-alone recommendation. During the process to expand the MFTE program to the BC zone, the City received public comment requesting the City to revise its code to allow for a later time in the permitting and construction process to submit the MFTE application. Staff reviewed codes from other King County cities and found the following to be the procedures found in other cities: City I Code Deadline 11 Building Permit 1st Building Permit, but Director flexibility to deviate Rev. 6/2020 July 11, 2023 MFTE Code Amendment Page 2 6o days following Building Permit, but Director flexibility Anytime prior to Certificate of Occupancy Following this review and conversations with the community, staff recommend the City allow for the greatest flexibility to the applicant to utilize this tool. The proposed ordinance has code similar to that found in the cities of Kirkland and Auburn allowing the MFTE application to be submitted any time prior to Certificate of Occupancy. The proposed Ordinance also contains non -substantive clean-up edits. ORDINANCE NO.23- AN ORDINANCE of the City of Federal Way, Washington, relating to modifying the City's multifamily dwelling unit limited property tax exemption program; amending FWRC 3.30.010, 3.30.040, 3.30.050, and 3.30.060 (Amending Ordinance Nos. 03-438, 09-606 and 23-964). WHEREAS, in 1995 the Washington State Legislature adopted Chapter 84.14 RCW, to encourage increased residential opportunities in cities required to plan under the Growth Management Act, by providing for special property tax valuations for eligible multifamily housing in targeted urban, residential areas; and WHEREAS, Chapter 84.14 further authorizes cities with a population of at least fifty thousand to adopt procedures to implement the special property tax valuations; and WHEREAS, in 1998 the Federal Way City Council adopted the Federal Way Comprehensive Plan, to implement the planning requirements of the Growth Management Act, Chapter 36.70A RCW ("GMA"); and WHEREAS, in 2022, the City hired Heartland, LLC to look at measures the City could take to improve housing production in the City; and WHEREAS, in 2023, Heartland, LLC recommended nine actions for the City to take to improve housing production in the City; and WHEREAS, in 2023 the Federal Way City Council adopted Ordinance 23-964, expanding the residential targeted area to include the Community Business (BC) zone; and WHEREAS, public comment received during the review of Ordinance 23-964 requested the City to look at the provisions of FWRC 3.30.060 specifically as to the timing for when an application to the City must be made; and Ordinance No. 23- Page 1 of 8 WHEREAS, the BC zone is described in the City's Comprehensive Plan as "allowing a broad mix of uses, including general, specialty, and service retail; commercial; office; commercial/residential mixed -use; and supportive uses"; and WHEREAS, the Council desires to expand the flexibility and usefulness of the City's MFTE program by allowing an application deadline later in the permitting and construction process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 3.30.010 is hereby amended to read as follows: 3.30.010 Purpose. As provided for in Chapter 84.14 RCW, the purpose of this article is to provide limited, W-yew exemptions from ad valorem property taxation for qualified new multifamily housing constructed in the community business, city center core and frame zones, in order to: (1) Accomplish the planning goals of the Growth Management Act, Chapter 36.70A RCW, and the City of Federal Way Comprehensive Plan, speeffieall r eek C P ° and 10; and/or (2) Encourage residential opportunities, including affordable housing, within the community business, city center core and frame; and/or (3) Stimulate new construction of multifamily housing in the community business, city center core and frame to increase housing opportunities; and/or (4) Assist in directing future population growth into the community business, city center core and frame, thereby reducing development pressures on single-family residential neighborhoods; and/or (5) Achieve development densities that are more conducive to transit use in the community business, city center core and frame; and/or Ordinance No. 23- Page 2 of 8 (6) Promote community development and community business, city center core and frame revitalization, in fulfillment of the Comprehensive Plan. (Ord. No. 09-606, § 1, 3-17-09; Ord. No. 03-438, § 2, 2-18-03. Code 2001 § 14-230.) Section 2. FWRC 3.30.040 is hereby amended to read as follows: 3.30.040 Tax exemption — Duration — Valuation — Exceptions. (1) Exemption, duration of. The value of new housing construction, conversion, and rehabilitation improvements qualifying under this chapter is exempt from ad valorem property taxation, as follows: (a) a eei4ffieate; and (b) For properties for which applications for certificates of tax exemption eligibility are submitted under Chapter 84.14 RC W-er-a€ter r�, '?°°', the value is exempt: (i) For eight successive years beginning January 1 st of the year immediately following the calendar year of issuance of the certificate; or (ii) For 12 successive years beginning January 1 st of the year immediately following the calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption under this chapter and meets the conditions in this subsection. For the property to qualify for the 12-year exemption under this subsection, the applicant must commit to renting or selling at least 20 percent of the multifamily housing units as affordable housing units to low and moderate -income households, and the property must satisfy that commitment and any additional affordability and income eligibility conditions adopted by the local government under this chapter. In the case of Ordinance No. 23- Page 3 of 8 projects intended exclusively for owner occupancy, the minimum requirement of this subsection may be satisfied solely through housing affordable to moderate -income households. (2) Limits on exemption. The exemption does not apply to the value of land or to the value of nonhousing improvements not qualifying under FWRC 3.30.050, nor does the exemption apply to increases in assessed valuation of land and nonqualifying improvements. This article also does not apply to increases in assessed valuation made by the assessor on nonqualifying portions of building and value of land, nor to increases made by lawful order of a county board of equalization, the Department of Revenue, or a county, to a class of property throughout the county or specific area of the county to achieve the uniformity of assessment or appraisal required by law. (Ord. No. 09-606, § 1, 3-17-09; Ord. No. 03-438, § 2, 2-18-03. Code 2001 § 14-233.) Section 3. FWRC 3.30.050 is hereby amended to read as follows: 3.30.050 Project eligibility. To qualify for exemption from property taxation under this chapter, the property must satisfy all of the following requirements: (1) The property must be located in the designated residential targeted area. (2) The project must consist of at least four dwelling units of multifamily housing, located within a residential structure or a mixed -use development, in which at least 50 percent of the space within such residential structure or mixed -use development is intended for permanent residential occupancy. (3) The project must comply with all zoning requirements, land use regulations, and building code requirements contained in the Federal Way Revised Code and applicable upon land use permit approval or submittal of a complete building permit application, whichever occurs sooner. Ordinance No. 23- Page 4 of 8 (4) For the duration of the exemption granted under this chapter, the property shall have no violations of applicable zoning requirements, land use regulations, or building code requirements contained in the Federal Way Revised Code for which the community development sefviees department shall have issued an order to cease activity ("OTC") or notice of violation and order to correct ("NOV") that are not resolved by a voluntary correction agreement, vacation by the hearing examiner, or action of the property owner in compliance with the applicable code requirements as determined by the director, within the time period for compliance provided in such OTC or NOV and any extension of the time period for compliance granted by the director. (5) New construction multifamily housing must be completed within three years from the date of approval of the application or by any extended deadline granted by the director pursuant to FWRC 3.30.090. (6) Prior to issuance of a temporary certificate of occupancy, or a pennanent certificate of occupancy if no tenIporary certificate is issued, tfhe owner must enter into a contract with the city, approved by the city council, under which the owner has agreed to the implementation of the development on terms and conditions satisfactory to the city council. (Ord. No. 03-438, § 2, 2-18-03. Code 2001 § 14-234.) Section 4. FWRC 3.30.060 is hereby amended to read as follows: 3.30.060 Application procedure. The owner of property applying for exemption under this chapter shall submit an application to the director on a form established by the director. The owner shall verify the correctness of the information contained in the application by his/her signature and affirmation made under penalty of perjury under the laws of the state of Washington. The application shall contain such information as the director may deem necessary or useful, which at a minimum shall include: Ordinance No. 23- Page 5 of 8 (1) A completed city of Federal Way application form, including information setting forth the grounds for tax exemption; (2) A brief written description of the project, and schematic site and floor plans of the multifamily units and the structure(s) in which they are proposed to be located; (3) Floor and site plans of the proposed project, which plans may be revised by the owner provided such revisions are made prior to the city's final action on the exemption application; (4) A statement from the owner acknowledging the potential tax liability when the property ceases to be eligible for exemption under this chapter; (5) At the time of initial application under this section, the owner shall pay to the city an initial application fee of $150.00, plus an amount necessary to cover recording fees under FWRC 3.30.100; Mplication may be submitted at any time prior to issuance of a temporary certificate of occupancy, or a permanent certificate of occoancy if no temporary certificate is issued. (Ord. No. 03-438, § 2, 2-18-03. Code 2001 § 14-235.) Section 5. 5everability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect Ordinance No. 23- Page 6 of 8 the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 2023. [signatures to follow] Ordinance No. 23- Page 7 of 8 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 8 of 8 Exhibit A Potential Funding Sources This section provides an overview of potential funding sources to fund projects identified in this chapter. All funding sources discussed below will be considered when determining a budget for a project. A combination of several sources is typically used to fund projects. City General Fund General Funds from the City are allocated to the Parks, Recreation, and Cultural Services Department. Capital Project Fund - Parks The Capital Project Fund provides for the acquisition or construction of park facilities except for those facilities financed by proprietary and trust funds. The major source of revenue for this Fund is general obligation bond proceeds, grants from other agencies, local taxes and contributions from other funds. All park costs associated with acquisitions, improvements, issuance of bonds, and other costs shall be paid by this Fund. This funding source is tied to the City's 2-year budget cycle. Real Estate Excise Tax (REET) As a city planning under the Washington State Growth Management Act, Federal Way receives REET funds which are generally used for capital projects as described under state law. A REET is derived from a modest tax on the sales of real property within the City. As of January 1, 2018, the City's REET rate was 0.5 percent.1 Voter -approved Bonds/Levies Voter -approved General obligation bonds can be used for acquisition or development and are typically repaid through an annual property tax levy through the maturity period of the bonds. General obligation bonds typically mature in 15 to 20 years. Councilmanic Bonds Bonds issued by the City Council. This type of bond does not require citizen vote but must be paid out of the City's annual operating budget. Developer Mitigation Fees These are fees imposed by the City for park land acquisition and development. This is a funding source derived from mitigation monies required through SEPA (State Environmental Protection Act) environmental review of development projects located within the City. Many developers provide a fee to the City in -lieu of constructing parks. Ordinance No. 23-967 Page 8 of 8 COUNCIL MEETING DATE: September 5, 2023 ITEM #: V b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2023-2024 BIENNIAL BUDGET AMENDMENT POLICY QUESTION: Should the City Council approve the 2023-2024 Biennial Budget amendment? COMMITTEE: FEDRAC CATEGORY: ❑ Consent ❑ City Council Business STAFF REPORT BY: ® Ordinance ❑ Resolution Attachments: 1. Staff Rgport JAW 0, 2. C;�-�14 f�-�k k 01l! zsJ 3. MEETING DATE: July 25, 2023 r Public Hearing ❑ Other DEPT: Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: Cif 1 COMMITTEE REcoNtMENDATION:' I- opt m7—Azigm 12023. M-6ve v vve V Ile v9 c r Comm tee Chair PROPOSED COUNCIL MOTION(S): DIRECTOR APPROVAL: _ (z4 219/2a1 ra wPO P. 6 G7a t lilt �iC£ 6'hCC(� � 1 G pIC Vl ht 3 consr Ug��-lc�c V�'� Iti em er Committee Member FIRST READING OF ORDINANCE (AUGUST 08, 2023): "1 move to forward the proposed ordinance to the September 5, 2023, Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (SEPTEMBER 5, 2023): "1 move approval of the proposed ordinance. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑,/ TABLED/DEFERREDINO ACTION Enactment reading III MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 1/2022 RESOLUTION 4 CIT Federal Way DATE: July 27, -2023 TO: City Council VIA: Jim Ferrell, Mayor Brian Davis, City Administrator FROM: Steve Groom, Finance Director Chase Donnelly, Deputy Finance Director SUBJECT: 2023-2024 Biennial Budget Amendment FINANCE DEPARTMENT The FEDRAC (Finance, Economic Development and Regional Affairs Committee) recommended the following revised budget amendment at the July 25th meeting. Funding options were considered for Field Turf at Celebration Park, land acquisition for maintenance facility, catch-up of vehicle replacements, and acceleration of ADA sidewalk repairs. The FEDRAC committee continues to prioritize Field Turf highly, directed staff to keep on the budget needs waiting list as a high priority, but at this time recommends City Hall roof replacement, server room air conditioning replacement, and Brooklake Park roof replacement. This change is reflected in Exhibit C. Background Information: This ordinance is to amend the budget from the previous budget amendment on June 6th, 2023 to reflect subsequent changes that have occurred during the year, and reflect additions approved during council during the year. Finance has reviewed, updated the biennial budget for all funds to confirm required ending fund balances will be met and recommends approval. Financial Impacts: By updating revenue forecasts based on first quarter actual results, information not known at the time of the adopted budget, it is possible to respond to the prioritized needs list. The list of unfunded budget requests at time of budget adoption has been maintained and all departments continue to accumulate and report budget needs that have arisen. All departments have taken the unfunded budget needs through a review process with Mayor, City Administrator and Finance Department staff to assure that the needs list has been updated with current additions or corrections. Based on the actual revenue received in the first six months, as shown in the table below, the City is realizing better -than -budgeted revenues in five major revenue funding sources. Positive revenue already recognized in Q 1 is subtracted to avoid double -counting. Current economic circumstances make it prudent to retain a portion of the positive revenue variance as a hedge against remaining months' revenue uncertainty: Rev 7/18 YTD Act YTD Bud Var Q1 adj Q2 Adj Investment Revenue 1,392,086 750,000 642,086 (330,016) 312,070 Permits & Fees 2,765,531 1,767,982 997,549 (529,301) 468,248 Utility Taxes 8,472,775 7,550,917 921,858 (415,627) 506,231 Sales Tax 8,333,338 7,789,561 543,777 (69,949) 473,828 Business Lic Fees 399,216 365,874 33,342 - 33,342 3,138,612 (1,344,892) 1,793,720 Use now 48.5% 870,000 $870,000 is proposed to be budgeted and approved to be spent under one of the following options: $500,000 City Hall roof replacement $200,000 City Hall server room air conditioner unit replacements $100,000 Brooklake Park roof replacement $70,000 Labor market value increases from completion of non -represented positions market -rate study. 2024 interest revenue of $540,000 will cover 2024 increase. Additionally, outside of the General Fund, the following circumstances since the Q1 budget adjustment are needed: $450,000 Government access channel AV upgrade (studies/contracts fund) $266,376 PROS plan, Steel Lake Master plan, Brooklake Master plan (paths & trails) $231,000 Amanda upgrade and interface (technology fund) $190,000 PSERN radio upgrades (IT fund) $16,246 EOC grant funded supplies (additional funding from existing grant) $14,486 Bomb disposal unit equipment replacement (fleet fund) Rev 7/18 The following tables detail the adjustments to expenditures budgets required for the 2023/2024 Biennial Budget: Ad i ustxments to General Fund food kcd;iAofE perldhmilpterfuodiransfer 4 MO Puodedby 001General 12ofmafketv26incfenses 70,01 %,OOOlJtilitytaK�SalesTax�lotefest�Pefmitfees 001Geoefal ffansfefout to505M1 & 'um fofCityhallfool feplacemeot V,000 IJtilityta��Salosia��Interest�Pefmitfoes 001General Nnsfotoulto V VornEffoomalfoondltlonefunitfepkments ?W000 Utilitytax�Salesia��Interest�Permitfees 001Geoofal Transfefout to.0561dg&fumfofhilakofool feplacemont 100,000 IUtiliryta ll ilesTa llptefestIPefmitFees Tod $ 810,000 $ WOO Adiustments to Non —General Funds fund kscdptionofbpenditureIInteffundTransfer ma1 m0 fundedby 101Stfeetfund EOCgfantExpenditufesfofcityemgepmnagementsupplies $ 16,X $ 16,246 Gfant 103UtilityTo6und Tfnlei out toGenemlfund[of fooffopinments&sefvefroom alfcondltlonofunitfepkemon ?9,116 iUtilityTax 101SpecialContracts5tudiesfuncl GovommentAccess Ch al AV Upgrade•Cafryfofwacl 450,000 iPEGfees 120Paths&Tf2iIsfund 'Uansfefout to)afksCIP[undfofPUO Ian,SteellakeMastefPl2ola clBfooklakoWstof)I2n 266,316 KCteuy)aths&Tfails MTechnologyfund AmandaUpgfadeandInterface -Cafryforward M1000 Technologyfeos D Nk clPfund PROS)Ian,SteelfakeMastefPle,andgfooklakoMastef)lan 26,316 KCLegPaths&Tfails V VofmationWoology'A Police -)HI1NRadio Upgrades-Cafryforwacl 190000 ITfundbalanco UInfofmationTechnologyfund !ierveffoomairconditionunitfoplacements 200000 'fransfefinffomG PEalfund VHeet&Equip, fund Bomb disposal unit equipmentfeplacemont 14,486 fleetfundbalance 505Buildings&fumishingsfund CiWMIfoofropIxc ent 500000 TransfefinffomGenefalfund 5058uildings&fumishingsfund IBfooklakeroof fepkomont 100,000 TfansfefinffomGonefalfund Total $ W11600 1 $ 16,146 Exhibits A - C are attached to provide an accountable chronology: + Exhibit A — original Adopted Budget, adopted Nov. 15, 2022 • Exhibit B — first amendment, adopted June 6, 2023 • Exhibit C — second amendment, proposed for adoption September 05, 2023 Rev 7/18 CITY OF Federal Way DATE: July 25, 2023 TO: City Council VIA: Jim Ferrell, Mayor Brian Davis, City Administrator FROM: Steve Groom, Finance Director Chase Donnelly, Deputy Finance Director SUBJECT: 2023-2024 Biennial Budget Amendment FINANCE DEPARTMENT Back round Information: This ordinance is to amend the budget from the previous budget amendment on June 6th, 2023 to reflect subsequent changes that have occurred during the year, and reflect additions approved during council during the year. Finance has reviewed, updated the biennial budget for all funds to confirm required ending fund balances will be met and recommends approval. Financial Impacts: By updating revenue forecasts based on first quarter actual results, information not known at the time of the adopted budget, it is possible to respond to the prioritized needs list. The list of unfunded budget requests at time of budget adoption has been maintained and all departments continue to accumulate and report budget needs that have arisen. All departments have taken the unfunded budget needs through a review process with Mayor, City Administrator and Finance Department staff to assure that the needs list has been updated with current additions or corrections. Based on the actual revenue received in the first six months, as shown in the table below, the City is realizing better -than -budgeted revenues in five major revenue funding sources. Positive revenue already recognized in Q1 is subtracted to avoid double -counting. Current economic circumstances make it prudent to retain a portion of the positive revenue variance as a hedge against remaining months' revenue uncertainty: YTD Act YTD Bud Var Q1 adj Q2 Adi Investment Revenue 1,392,086 750,000 642,086 (330,016) 312,070 Permits & Fees 2,765,531 1,767,982 997,549 (529,301) 468,248 Utility Taxes 8,472,775 7,550,917 921,858 (415,627) 506,231 Sales Tax 8,333,338 7,789,561 543,777 (69,949) 473,828 Business Lic Fees 399,216 365,874 33,342 - 33,342 3,138,612 (1,344,892) 1,793,720 Make available 87.7% 2,753,000 59.7% 1,070,000 Rev. 7/18 Of this additional revenue, $1,000,000 is proposed to be budgeted and approved to be spent under one of the following options: _Option Option Package Descriptions A Celebration Park field turf of $3.5M 1,000,000 COMBINED WITH A Field Turf contribution - LTAC 1,400,000 A Field Turf contribution - Path & Trails Fund 100,000 A Field Turf contribution - Parks CIP 650,000 A Field Turf contribution - GF Savings _ 350,000 3,500,000 OR B Maintenance Shop land cost reserve 1,000,000 OR C Roof replacement @ City Hall 500,000 C Replace Server Room AC units 200,000 C Roof replacement @ Brooklake 100,000 C BucketTruck- Parks/IT/Public Works 125,000 C Ford 250 replacement for maintenance worker 75,000 OR 1,000,000 D Vehicle replacement catchup of $3M behind 1,000,000 OR E Citywide ADA sidewalk catchup of $3M 11000,000 OR F Savings - improve fund balance over minimum 11000,000 The remainder of the additional revenue includes the following adjustments: $70,000 Labor market value increases from completion of non -represented positions market -rate study. 2024 interest revenue of $540,000 will cover 2024 increase. Additionally, the following circumstances since the Q1 budget adjustment are needed: $450,000 Government access channel AV upgrade (studies/contracts fund) $266,376 PROS plan, Steel Lake Master plan, Brooklake Master plan (paths & trails) $231,000 Amanda upgrade and interface (technology fund) $190,000 PSERN radio upgrades (IT fund) $16,246 EOC grant funded supplies (additional funding from existing grant) $14,486 Bomb disposal unit equipment replacement (fleet fund) Rev. 7/18 The following tables detail the adjustments to expenditures budgets required for the 2023/2024 Biennial Budget: Adjustments to General Fund fund fulifil 001Genml labofMAONIUEinaeases 10,000 54000<II UrilitVrax�Salesiax�Inre�est�PermitFees �llGeneral fransferouttoPa�ksClPFundforfiledturf 6�,261 - Utilit�tax�SalesTax�Interest�Permirfees local $ 166,�1$ 540,OD0 Adjustments to Non -General Funds fund Won I pidi vIInterfundTransfer 2023$ W� fundedby 101Streetfund 1:0Cgrantexpendituresforcityomerggmanagementsupplies $ 16,246 $ 16,246 Grant 103UtilityTaxfud Transfer out to ParksTfundforCelebrationParkfieldturf 303,139 - Utilit bx 1MpecialContr8ctsStudiesfund Government AccessChannelAVUpgrade -Carryforward 45X PEGfees 10 lodgingbxfund Transfer out tohfr sCIPfAfor ColebratlonPAfleldturf 1,400,000 LodgigTax INPaths&Trails fund 'fransferouttoPAs0l fundforCeIebrationPAIieIdturf 100,M KCLegPaths&Nils 120Paths &Trails fund Transferout to Parks CIP fund for PROS Plan, Steel Lake Master Plan, and 6rooklake Master Plan 266,316 V Levy Paths &Trails 121Technologyfund Amrbd pgradeandlnterface-C27lorward 231,000 Tochnologyfees INNksClPfund CelebrationPAfield turf 31500000 1511Paths&TrailslMitigationfeesjldgigTax 303 Parks CIP fund PROS Plan, Steel lake Master Plan, and erooklake Master Plan 266,316 NC Levy Paths &Trails 5021nformationTechnologyfud 13olice-PONUioUpgrades-Carryforward R,000 IITfundblance 504fleot&Equip, fund 18ombdisposalunit equipmentreplacemont 146 fleetfudbalance total $ 6,138M $ 16,146 Exhibits A - C are attached to provide an accountable chronology: • Exhibit A — original Adopted Budget, adopted Nov. 15, 2022 • Exhibit B — first amendment, adopted June 6, 2023 • Exhibit C — second amendment, proposed for adoption September 05, 2023 Rev. 7/18 ORDINANCE NO.23 AN ORDINANCE of the City of Federal Way, Washington, relating to amending the 2023-2024 Biennial Budget. (Amending Ordinance Nos. 22-941 and 23-959) WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 2023-2024 fiscal biennium have been prepared and filed on September 15, 2022 as provided by Titles 35A.34 and 84.55 of the Revised Code of Washington; and WHEREAS, the budget was printed for distribution and notice published in the official paper of the City of Federal Way setting the time and place for public hearing on the budget and said notice stating copies of the budget can be obtained on-line and at the Office of the City Clerk; and WHEREAS, the City Council of the City of Federal Way held public hearings on October 18 and November 01, 2022, and considered the public comments presented; and WHEREAS, the City Council of the City of Federal Way approved the budget ordinance on November 15, 2022 (Adopted Budget attached as Exhibit A); and WHEREAS, the City Council of the City of Federal Way approved the first amended budget ordinance on June 06, 2023 (Adopted Budget Amendment #1 attached as Exhibit B); and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. 2023-2024 Budget Amendment. That the budget for the 2023-2024 biennium is hereby amended in the amounts and for the purposes as shown on the attached Ordinance No. 23- Page I of 6 Exhibit C ("2023-2024 Amended Budget #2"). Section 2. Administration. The Mayor shall administer the Biennial Budget and in doing so may authorize adjustments to the extent that they are consistent with the budget approved herein. Section 3. Severability, Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratif cation. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage as provided by law. PASSED by the City Council of the City of Federal Way this _dayof 2023. Ordinance No. 23- Page 2 of 6 [signatures to follow] CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 3 of 6 EXHIBIT A 2023-2024 A d Budget 2023 2024 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance General Fund $ 12,415,532 $ 56,854,231 $ 60,077,654 $ 9,192,109 $ 61,108,379 $ 61,300,485 $ 9,000,003 Special Revenue Funds: Street 210,983 5,715,475 5,426,458 500,000 5,595,163 5,595,163 500,000 Arterial Street 100,001 1,563,000 1,563,000 100,001 1,563,000 1,563,000 100,001 Utility Tax 4,579,047 11,830,565 11,619,868 4,789,743 11,782,564 15,072,308 1,500,000 Sales/Use Tax- Affrd. & Supprt. Housing 140,702 125,000 125,000 140,702 125,000 125,000 140,702 Solid Waste/Recycling 311,052 722,200 641,647 391,604 722,200 654,343 459,462 Special Contract/Studies 462,890 - - 462,890 462,890 Hotel/Motel Lodging Tax 1,720,995 293,000 65,000 1,948,995 308,000 65,000 2,191,995 Community Center 980,517 2,799,376 2,279,893 1,500,000 2,306,857 2,306,857 1,500,000 Traffic Safety Fund 3,109,153 3,000,000 3,846,735 2,262,419 3,060,000 4,122,419 1,200,000 Utility Tax Proposition 1 1,612,395 3,859,478 4,471,873 1,000,000 4,603,704 4,603,704 1,000,000 Performing Arts & Event Center 541,702 2,387,767 2,483,359 446,111 2,259,757 2,483,359 222,509 Solid Waste 101/o Utility Tax 152,012 2,200,000 2,200,000 15ZO12 2,300,000 2,300,000 152,012 Community Development Block Grant 28,268 886,193 886,193 28,269 789,717 789,717 28,268 Paths and Trails 1,895,150 170,600 100,000 1,965,750 172,216 600,000 1,537,966 Technology 235,810 149,250 385,060 149,250 - 534,310 Jail Service 164,252 2,335,748 2,500,000 (0) 2,700,000 2,700,000 (0) Strategic Reserve 3,000,001 - 3,000,001 3,000,001 Parks Reserve 1,120,891 5,000 1,125,891 5,000 1,130,891 Debt Service Fund 3,118,184 2,446,368 2,446,368 3,118,184 2,446,459 2,446,459 3,118,184 Capital Project Funds: Real Estate Excise Tax 4,110,900 5,521,000 7,055,343 2,576,557 5,576,000 5,788,245 2,364,312 Downtown Redevelopment 3,496,123 205,000 3,291,123 - 150,000 3,141,123 Municipal Facilities 175,185 - 175,185 - 175,185 Parks 1,497,896 367,000 367,000 1,497,896 767,000 767,000 1,497,896 Surface Water Management 1,744,296 2,044,312 3,359,608 429,000 1,556,230 1,805,273 179,957 Transportation 1,125,725 19,269,000 19,912,000 482,725 50,927,649 49,507,000 1,903,373 Capital Project Reserve 369,963 - - 369,963 - 369,963 Enterprise Fund: Surface Water Management 2,897,393 6,226,871 6,450,608 2,673,656 6,228,298 8,104,300 797,654 Dumas Bay Centre 1,132,849 1,155,846 764,097 1,524,599 792,696 773,784 1,543,510 Internal Service Funds: Risk Management 1,158,255 2,307,763 2,657,763 808,255 2,120,877 2,329,131 600,001 Information Technology 3,734,945 3,243,845 3,646,229 3,332,561 3,288,845 3,393,541 3,427,865 Mail & Duplication 255,919 135,947 154,901 236,965 135,947 161,901 211,011 Fleet & Equipment 7,621,866 2,425,039 3,336,067 6,710,838 2,399,475 1,711,734 7,398,580 Buildings & Furnishings 2,161,252 728,099 789,772 2,099,579 603,099 664,772 2,037,906 Health Insurance 3,579,885 4,956,000 5,256,726 3,279,159 4,956,000 5,256,726 2,978,433 Unemployment Insurance 245,846 70,0001 175,846 - 70,000 105,846 Grand Total All Funds S 71,207,836 S 145,723,974 S 154,758,165 1 S 62,173,646 S 181,349,382 S 187,211,223 S 56,311,805 Ordinance No. 23- Page 4 of 6 MIBITB 2023-2024 Adopted Budget Amendment p1 2023 2024 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Fxpenditure Balance Revenue Ecpenditure Balance General Fund $ 27,500,556 $ 58,056,122 $ 76,002,369 $ 9,554,309 $ 61,040,879 $ 61,590,721 $ 9,004,467 Special Revenue Funds: Street 359,300 5,975,158 5,834,458 500,000 5,595,163 5,595,163 500,000 Arterial Street 999,047 1,563,000 2,462,047 100,000 1,563,000 1,563,000 100,000 Utility Tax 4,643,952 12,196,316 12,050,524 4,789,743 11,782,564 15,072,308 1,500,000 Sales/Use Tax- Affrd. & Supprt. Housing 147,938 125,000 125,000 147,938 125,000 125,000 147,938 Solid Waste/Recycling 395,438 722,200 725,598 39ZO40 722,200 654,343 459,897 Special Contract/Studies 987,117 - 987,117 987,117 Hotel/Motel Lodging Tax 1,867,690 293,000 65,000 2,095,690 308,000 65,000 2,338,690 Community Center 1,737,337 2,799,376 2,279,893 2,256,820 2,306,857 2,306,857 2,256,820 Traffic Safety Fund 2,445,305 3,000,000 3,846,735 1,598,570 3,060,000 4,122,419 536,151 Utility Tax Proposition 1 1,570,837 3,901,478 4,471,873 1,000,441 4,603,704 4,603,704 1,000,441 Performing Arts & Event Center 873,647 2,387,767 2,483,359 778,055 2,259,757 2,483,359 554,454 Community Development Block Grant 25,107 886,193 886,193 25,107 789,717 789,717 25,106 Solid Waste 101/oUtility Tax 1,63Z178 2,200,000 3,680,166 15ZO12 2,300,000 2,300,000 15ZO12 Paths and Trails 1,888,280 170,600 100,000 1,958,880 172,216 600,000 1,531,096 Technology 459,967 149,450 28,350 580,867 149,250 12,000 718,117 Jail Service 7,487 2,492,513 2,500,000 0 2,700,000 2,700,000 0 Strategic Reserve 3,001,354 - 3,001,354 - 3,001,354 Parks Reserve 1,132,882 5,000 1,137,882 5,000 1,142,882 Debt Service Fund (1,367,880) 3,814,248 2,446,368 (0) 2,446,459 2,446,459 (0) Capital Project Funds: Real Estate Exise Tax 3,216,755 5,521,000 7,055,343 1,682,412 5,576,000 5,788,245 1,470,167 Downtown Redevelopment 4,498,575 - 205,000 4,293,575 150,000 4,143,575 Municipal Facilities 175,412 - 175,412 - - 175,412 Parks 2,031,573 367,000 657,664 1,740,909 767,000 767,000 1,740,909 Surface Water Management 4,570,034 3,243,885 7,032,179 781,740 1,556,430 1,805,273 532,697 Transportation 15,937,599 19,323,650 31,642,185 3,619,064 50,927,649 49,507,000 5,039,713 Capital Project Reserve 370,253 - 370 253 370,253 Enterprise Fund: Surface Water Management 4,510,546 6,226,871 7,588,980 3,148,437 6,228,298 8,104,300 1,272,435 Dumas Bay Centre 1,710216 1,155,846 764,097 2,101,965 792,696 773,784 2,120,877 Internal Service Funds: RiskManagement 1,516,609 2,307,763 2,657,763 1,166,609 2,120,877 2,329,131 958,355 Information Technology 4,259,029 3,484,045 3,886,429 3,856,646 3,514,145 3,618,841 3,751,950 Mail & Duplication 279,133 135,947 154,901 260,179 135,947 161,901 234,225 Fleet & Equipment 8,545,676 2,550,039 4;944,651 6,151,064 2,399,475 1,711,734 6,838,805 Buildings & Furnishings 2,114,858 728,099 789,772 2,053,185 603,099 664,772 1,991,512 Health Insurance 3,659,129 4,956,000 5,256,726 3,358,403 4,956,000 5,256,726 3,057,677 Unemployment Insurance 252,016 - 70,0001 182,016 - 70,000 lIZO16 Grand Total All Funds S 107,954,951 S 150,737,366 S 192,693,624 1 S 65,998,694 S 181,507,182 S 187,738,757 S 59,767,119' Ordinance No. 23- Page 5 of 6 MIBITC 2023.2024 Amended Budget #2 2023 2024 Beginning Fund Beginning hnd Ending Fund Fund Balance Revenue Expenditure Balance Revenue Expenditure Balance GeneralFund $ 27,35Q553 $ 59,091,457 $ 76,872,596 $ 9,569,414 $ 61,580,879 $ 62,130,721 $ 9,019,572 Special Revenue Funds: Street 359,430 5,991,404 5,850,704 500,130 5,611,409 5,611,409 500,130 Arterial Street 998,845 1,563,000 2,461,845 100,000 1,563,000 1,563,000 100,001 Utility Tax 4,6%109 12,449,431 12,303,640 4,791,900 11,782,564 15,072,308 1,5A157 Sales/Use Tax - AN. &Supprt.Housing 148,016 125,000 125,000 148,016 125,000 125,000 148,016 Solid Waste/Recycling 395,459 722,200 725,598 39ZO61 724,200 654,343 459,918 Special Contract/Studies 987,302 - 450,000 537,302 537,302 Hotel/MotelLodging Tax 1,8%015 293,000 65,000 2,096,015 308,000 65,000 2,339,015 Community Center 1,737,273 2,799,376 2,279,893 2,256,756 2,3K857 2,306,857 2,256,756 Traffic Safety Fund 2,493,443 3,000,000 3,846,735 1,646,708 3,060,000 4,122,419 594,290 Utility TaxProposhion 1 1,571,054 3,901,478 4,471,873 1,000,658 4,603,704 4,603,704 1,000,658 Performing Arts & Event Center 873,936 2,387,767 2,483,359 778,344 2,259,757 2,483,359 554,743 Community Development Block Grant 25,107 886,193 896,193 25,107 789,717 789,717 25,106 Solid Waste 101/oUtility Tax 1,632,240 2,200,000 3,680,166 15ZO74 2,30g000 2,300,000 15Z074 Paths and Trails 1,88$688 170,600 366,376 1,69Z912 172,216 600,000 1,265,128 Technology 459,999 149,250 259,350 349,899 149,250 12,000 487,149 Jail Service 7,260 2,492,740 2,500,000 0 2,700,000 2,700,000 0 Strategic Reserve 3,002,082 - 3,002,082 - - 3,002,082 Parks Reserve 1,133,157 5,000 - 1,138,157 5,000 1,143,157 Debt Service Fund (1,366,565) 3,814,248 2,446,368 1,315 2,446,459 Z4459 1,315 Capital Project Funds: Real Estate Excise Tax 3,217,658 5,521,000 7,055,343 1,683,315 5,576,000 5,788,445 1,471,070 Downtown Redevelopment 4,499,350 - 205,000 4,294,350 - 150,000 4,144,350 Municipal Facilities 175,507 - 175,507 - 175,507 Parks Z03ZO64 633,376 924,040 1,741,400 767,000 767,000 1,741,400 Surface Water Management 4,570,673 3,243,885 7,032,t79 7SZ379 1,556,230 1,805,273 533,336 Transportation 15,939,217 19,323,650 31,642,185 3,620,682 50,927,649 49,507,000 5,041,331 Capital Project Reserve 370,343 - 370,343 - 370,343 Fnterprise Fund: - Surface Water Management 4,511,222 6,22071 7,588,980 3,149,113 6,228,298 8,104,300 1,273,111 E]ormBay Ccntre 1,710,510 1,155,846 764,097 ZIOZ259 792,696 773,784 2,121,171 Ink rnal Senice Funds: NIS k Management 1,516,845 2,307,763 2,657,763 1,166,845 2,120,877 2,329,131 958,591 Inrar atiun'rechnology 4,260,137 3,684,045 4,276,429 3,667,753 3,514,145 3,618,841 3,563,057 Mail & Duplication 279,203 135,947 154,901 260,249 135,947 161,901 234,295 Flea &Equipmumt 8,548,261 2,550,039 4,959,137 6,139,163 2,399,475 1,711,734 6,826,904 Buildings & Furnishings 2,115,458 1,328,099 1,389,772 2,053,785 603,099 664,772 1,992,112 Heallh Insurance: 3,660,088 4,956,000 5,256,726 3,359,362 4,956,000 5,256,726 3,058,636 Unanploymml Insurance I 25Z036 - 70,0001 ISZ036 70,000 1IZO36 Grand Tolal A11 Funds I S 107,869,976 S 153,108,665 S 196,051,2491 S 64,927,393 S 182,063,428 S 188,295,0031 S 58,695,819 Ordinance No. 23- Page 6 of 6 COUNCIL MEETING DATE: September 5, 2023 ITEM #: Sc CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: AMENDMENT TO THE CITY COMPREHENSIVE PLAN AND THE PARKS, RECREATION AND OPEN SPACE PLAN POLICY QUESTION: Should the City Council approve amendments to the Federal Way Comprehensive Plan and Parks, Recreation, and Open Space Plan to facilitate a change to the method for calculating required open space for single-family residential subdivisions? COMMITTEE: FEDRAC MEETING DATE: July 25, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Evan Lewis, Senior Planner DEPT: Community Development Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: tion 1. MAYOR APPROVAL: _ VI -lb" DIRECTOR APPROVAL:j) '(1 F. r'—Initial�/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to a public hearing and first reading on August 8, 2023. PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE AUGUST 8, 2023: `I move to forward the proposed ordinance to the September 5, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE SEPTEMBER 5,•2023: `-'Tmove approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑,/ TABLED/DEFERIAFD/NO ACTION Enactment reading C17 MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11 /2019 RESOLUTION # arY of Department of Community Development Federal Way 3Way 8t' Avenue South Federal Way, WA 98003-6325 Centered on Opportunity 253-835-2607 www. ci [voffedera I way. com Jim Ferrell, Mayor CITY OF FEDERAL WAY MEMORANDUM Date: July 25, 2023 To: Federal Way Finance, Economic Development, and Regional Affairs Committee From: Evan Lewis, Senior Planner- 49---�- Subject: Amendment to the City Comprehensive Plan and Parks, Recreation and Open Space Plan I. Financial Impacts There are no costs to the City for adopting the proposed code amendments; all time spent implementing the permitting aspects of the ordinance will be subsumed by existing staff. II. Background The City of Federal Way Planning Division proposes an amendment to the Federal Way Parks, Recreation and Open Space (PROS) Plan, which is incorporated by reference as part of the Capital Facilities chapter of the comprehensive plan, to facilitate an update to the method for calculating open space for residential subdivisions. The PROS Plan amendment removes one sentence which refers to residential subdivisions being required to provide open space for 15 percent of the gross land area of the subdivision. A related code amendment is updating the method of calculating residential open space for single-family subdivisions from a percent of gross land area basis to a square foot per unit basis. The change to the method for calculating residential subdivision open space is only possible with this PROS Plan amendment. Pursuant to RCW 3 6.70A. 13 0(5)(a), the City of Federal Way must update its Comprehensive Plan every ten years. The deadline for the next major update is December 31, 2024. Federal Way Revised Code ("FWRC") 19.80.050 specifies an annual process for considering comprehensive plan amendments, and generally such amendments may only be considered once per year. However, FWRC 19.80.050(3) and state law allow for comprehensive plan amendments outside of the annual process under certain scenarios, including amendments to the capital facilities element of the comprehensive plan when done concurrently with the adoption or amendment to the city budget. This proposal is being considered concurrently with a city budget amendment. Amending the method for calculating open space for single-family residential subdivisions, among other residential open space updates, will require a separate code amendment that will be considered and brought to Council as a separate ordinance. III. Reason for City Council Action Updating the method of calculating required open space for single-family subdivisions, from a percent of gross site area basis to square feet per unit basis, will make the method of calculating required open space consistent between single family and multifamily. IV. Procedural SummarV Comprehensive Plan Amendment Process June 16, 2023: Issuance of Determination of Nonsignificance pursuant to the State Environmental Policy Act (SEPA) June 30, 2023: End of SEPA comment period July 21, 2023: End of SEPA appeal period July 25, 2023: FEDRAC Meeting August 8, 2023: Joint Public Hearing/ Ist Reading by City Council September 5, 2023: City Council Second Reading (tentative; date of 2nd reading will be based on the date of the budget amendment) V. Comprehensive Plan Amendment Delete the following sentence from the "Potential Funding Sources" section of the PROS Plan: "For example, residential subdivisions are required to provide open space for 15 percent of the gross land area of the subdivision. " That deletion is necessary to allow for a separate zoning code amendment that changes the method of calculating single-family residential subdivision open space from a percent of gross land area basis to a square feet per unit basis. VI. Public Comments Received The City received zero comments during the SEPA comment period and, as of the date of this staff report, zero other public comments. VII. Compliance with FWRC 19.80.140 F"C 19.80.140, Factors to be Considered in a Comprehensive Plan Amendment — The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan. (1) The effect upon the physical environment. The proposal's effect on the physical environment is undetermined. Such impacts would be known and reviewed associated with future site -specific project proposals. There's little reason to expect anything other than a neutral to net positive environmental impact from this PROS Plan amendment. The new method of calculating open space for single-family residential subdivisions will result in less required open space than in the current calculation method (15 percent of gross site area). However, meeting the open space requirement could potentially result in natural areas being disturbed that would otherwise not be disturbed, so in some situations more natural areas could be preserved by this amendment. (2) The effect on open space, streams, and lakes. The proposal's effect on open space, streams and lakes is undetermined except that it would change the method of calculating required open space and result in less required open space than for single-family subdivisions than under the current calculation method. Such impacts would be known and reviewed associated with future site -specific project proposals. There's little reason to expect anything other than a neutral to net positive environmental impact from this PROS Plan amendment. The new method of calculating open space for single-family residential subdivisions will result in less required open space than in the current calculation method (15 percent of gross site area). However, meeting the open space requirement could potentially result in natural areas being disturbed that would otherwise not be disturbed, so in some situations more natural areas could be preserved by this amendment. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. This factor is best evaluated with site -specific project proposals, however there's little reason to expect that the proposal would result in residential projects that are less compatible with adjacent land uses and surrounding neighborhoods. (4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. The proposal would result in less required open space which may act as an incentive for more residential development; site and community -wide impacts of new development are evaluated for specific projects and mitigation — through payment of traffic and park impact fees, frontage improvements, etc. — would often be required to mitigate project -specific impacts. (5) The benefit to the neighborhood, city, and region. The proposal would help improve consistency for open space requirements between single and multi -family uses. The resulting decrease in required open space would act as somewhat of a balance to the recently adopted Park Impact Fee and could also somewhat incentivize housing production to help the City achieve its long-range housing goals. (6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. This factor is best evaluated for site -specific project proposals, but the City has sufficient buildable land to achieve its overall housing target. (7) The current and projected population density in the area. This factor is best evaluated for site -specific project proposals. (8) The effect upon other aspects of the comprehensive plan. This proposal is consistent with other comprehensive plan chapters. VIII. Compliance with FWRC 19.80.150 Criteria for Amending the Comprehensive Plan — The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; Allowing open space for single-family residential subdivisions to be calculated on a square feet per unit basis would result in reduced quantities of required open space which could support housing production in the City and may also decrease the chance that trees and other natural areas are removed solely for the purpose of providing usable open space. This bears a substantial relationship to public health, safety, or welfare. (2) The proposed amendment is in the best interest of the residents of the city. Allowing open space for single-family residential subdivisions to be calculated on a square feet per unit basis would make this requirement consistent between single and multi -family uses, support housing production in the City and may also decrease the chance that trees and other natural areas are removed solely for the purpose of providing usable open space. Achieving these outcomes is in the best interest of the residents of the City of Federal Way. (3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendments. The comprehensive plan amendment under consideration is consistent with the following goals of RCW Chapter 36.70A.020 of the Growth Management Act (GMA). The following goals and policies are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations: 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 Policy LUP 2: Use zoning regulations to achieve a greater range of housing options in multifamily designations. N Land Use Chapter Goal 3.1: Provide a wide range of housing densities and types in the single-family designated areas. 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. 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. Policy L UP 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. Policy LUP 22: Multi -family residential development should be designed to provide 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. IX. FEDRAC Committee The FEDRAC may take the following actions regarding each proposed comprehensive plan amendment request: Recommend to City Council adoption of the proposed comprehensive plan amendment as proposed; or 2. Modify the proposed comprehensive plan amendment and recommend to City Council adoption of the amendment, as modified. 3. Recommend to City Council that the proposed comprehensive plan amendment not be adopted. 5 X. Recommendation to City Council Staff recommends that City Council approve the proposed comprehensive plan amendment. XI. Exhibits `A' Amendment to PROS Plan (incorporated by reference in Capital Facilities Chapter) Exhibit A - Potentiaf Funding Sources Amendment to PROS Plan This section provides an overview of potential funding sources to fund projects identified in this chapter. All funding sources discussed below will be considered when determining a budget for a project. A combination of several sources is typically used to fund projects. City General Fund General Funds from the City are allocated to the Parks, Recreation, and Cultural Services Department. Capital Project Fund - Parks The Capital Project Fund provides for the acquisition or construction of park facilities except for those facilities financed by proprietary and trust funds. The major source of revenue for this Fund is general obligation bond proceeds, grants from other agencies, local taxes and contributions from other funds. All park costs associated with acquisitions, improvements, issuance of bonds, and other costs shall be paid by this Fund. This funding source is tied to the City's 2-year budget cycle. Real Estate Excise Tax (REET) As a city planning under the Washington State Growth Management Act, Federal Way receives REET funds which are generally used for capital projects as described under state law. A REET is derived from a modest tax on the sales of real property within the City. As of January 1, 2018, the City's REET rate was 0.5 percent.' Voter -approved Bonds/Levies Voter -approved General obligation bonds can be used for acquisition or development and are typically repaid through an annual property tax levy through the maturity period of the bonds. General obligation bonds typically mature in 15 to 20 years. Councilmanic Bonds Bonds issued by the City Council. This type of bond does not require citizen vote but must be paid out of the City's annual operating budget. Developer Mitigation Fees These are fees imposed by the City for park land acquisition and development. This is a funding source derived from mitigation monies required through SEPA (State Environmental Protection Act) environmental review of development projects located within the City. For ep'LmSid-P- tial S_„_hdi i5i0n5 aFe FeElYiFed Many developers provide a fee to the City in -lieu of constructing parks. 1 /8 ORDINANCE NO. 23- AN ORDINANCE of the City of Federal Way, Washington, amending the Parks, Recreation and Open Space Plan and the Federal Way Comprehensive Plan Chapter 6, Capital Facilities, to facilitate an update to the method for calculating open space for residential subdivisions (Amending Ordinance Nos. 90-43, 95-248, 96-270, 98-330, 00-372,01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492, 07-558, 09-614,10-671, 11-683, 13-736, 13-745, 15-796, 15-798, 18-843, 19-866, 21-907, 22-938, 23-954, and 23-956). WHEREAS, the Growth Management Act of 1990 as amended (Chapter 36.70A RCW or "GMA"), requires the City of Federal Way ("City") to adopt a comprehensive plan including a land use element and land use map, a housing element, a capital facilities plan, a utilities element, and a transportation element and transportation system map(s); and WHEREAS, the GMA also requires the City to adopt development regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan and land use map (the "Comprehensive Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Comprehensive Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14, 2000, November 1, 2001, March 27, 2003, July 20, 2004, and June 16, 2005, July 16, 2007, June 11, 2009, October 28, 2010, January 27, 2011, January 23, 2013, August 14, 2013, July 29, 2015, January 26, 2018, April 2, 2019, January 19, 2021, October 12, 2022, April 12, 2023; and June 14, 2023; and WHEREAS; pursuant to Federal Way Revised Code ("FWRC") Chapter 19.35, the City reviews Comprehensive Plan amendments under Chapter 19.80 FWRC, Process VI; and WHEREAS, under RCW 36.70A.130, the Comprehensive Plan and development Ordinance No. 23- Page 1 of 8 regulations are subject to continuing review and evaluation, but the Comprehensive Plan may generally be amended only once on an annual basis; and WHEREAS, the Comprehensive Plan may be amended more than once per year under certain circumstances described in RCW 36.70A.130(2)(a) and FWRC 19.80.050(3); and WHEREAS, under RCW 36.70A.130(2)(a) and FWRC 19.80.050(3), the Comprehensive Plan may be amended outside the annual update when such amendment is to the capital facilities element and occurs concurrently with city budget adoption or amendment; and WHEREAS, under FWRC 19.80.050(3)(e) the City Council shall hold the public hearing on an amendment to the Comprehensive Plan capital facilities element that falls outside the annual update process and occurs concurrently with a budget amendment; and WHEREAS, this amendment to the Comprehensive Plan is an amendment to the capital facilities element and is occurring concurrently with city budget amendment; and WHEREAS, the City adopted a Parks, Recreation, and Open Space Plan ("PROS Plan") on December 3, 1991, and subsequently amended the PROS Plan on November 21, 1995; September 14, 2000; June 29, 2006; January, 2013; May 21, 2019; and June 14, 2023; and WHEREAS, the PROS Plan is adopted by reference into the capital facilities element of the Comprehensive Plan; and WHEREAS, the PROS Plan and capital facilities element are consistent with the GMA as they contain the following components: (a) an inventory showing the location and capacity of existing capital facilities; (b) a forecast of future needs per capital facility; (c) the location and capacity of proposed new or expanded capital facilities; and (d) a six -year capital improvement plan identifying sources of public money to fund these improvements; and WHEREAS, the City is in the process of updating the open space provisions in its Ordinance No. 23- Page 2 of 8 subdivision and zoning code to provide for more clarity and consistency with respect to open space regulation among zones and uses, and to implement the Housing Action Plan; and WHEREAS, adoption of the proposed open space code updates requires a corresponding amendment to the PROS Plan; and WHEREAS, Washington State Department of Commerce received 60-day notice of the proposal on June 8, 2023 (ID 2023-S-6156); and WHEREAS, on June 16, 2023 the City's SEPA Responsible Official issued a Determination of Nonsignificance (DNS) for this proposal; and and WHEREAS, no public comments were received on this proposal; and WHEREAS, the SEPA Determination was not timely appealed; and WHEREAS, the City Council held a public hearing on this proposal on August 8, 2023; WHEREAS, the City Council desires to adopt the proposed Comprehensive Plan and PROS Plan Amendments, as proposed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. (a) The proposed Comprehensive Plan and PROS Plan amendment, as set forth in Exhibit `A', attached hereto, is consistent with the Council vision for the City of Federal Way; bear a substantial relationship to public health, safety, and welfare; is in the best interest of the residents of the City; and is consistent with the requirements of RCW 36.70A, King County Countywide Planning Policies and the unamended portion of the Comprehensive Plan. Specifically, the proposed Comprehensive Plan and PROS Plan amendment is consistent with the following Ordinance No. 23- Page 3 of 8 Comprehensive Plan 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 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. 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. Policy L UP 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. Ordinance No. 23- , 11 Policy L UP 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. Policy L UP 22: Multi -family residential development should be designed to provide 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. (b) The proposed amendment has complied with the appropriate process under state law and the FWRC. Section 2. Cony rehensive Plan Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010, 2011, 2013, 2015, 2018, 2019, 2021, 2022, and 2023, copies of which are on file with the Office of the City Clerk, is amended as set forth in Exhibit A, attached hereto. Ordinance No. 23- Page 5 of 8 Section 3. Parks, Recreation, and Open Space Plan Amendments Adoption. The 1991 Parks, Recreation, and Open Space Plan, as thereafter amended in 1995, 2000, 2006, 2013, 2019, and 2023, copies of which are on file with the Office of the City Clerk, is amended as set forth in Exhibit A, attached hereto. Section 4. Amendment Authority. The adoption of the Comprehensive Plan amendment above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to Chapter 19.80 FWRC. Section 5. Sever_ahil_ity. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 6. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2007, 2009, 2010, 2011, 2013, 2015, 2018, 2019, 2021, 2022, and 2023 shall remain in full force and effect until this amendment become operative upon the effective date of this ordinance. Section 7. Corrections.. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/ clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 9. Effective Date. This ordinance shall take effect and be in force five (5) days after Ordinance No. 23- Page 6 of 8 passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2023. ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 23- Page 7 of 8 Potential Funding Sources This section provides an overview of potential funding sources to fund projects identified in this chapter. All funding sources discussed below will be considered when determining a budget for a project. A combination of several sources is typically used to fund projects. General Funds from the City are allocated to the Parks, Recreation, and Cultural Services Department. Capital Project: Fund - Parris The Capital Project Fund provides for the acquisition or construction of park facilities except for those facilities financed by proprietary and trust funds. The major source of revenue forthis Fund is general obligation bond proceeds, grants from other agencies, local taxes and contributions from other funds. All park costs associated with acquisitions, improvements, issuance of bonds, and other costs shall be paid by this Fund. This funding source is tied to the City's 2-year budget cycle. aea� Estate Excise Tax (REET) As a city planning under the Washington State Growth Management Act, Federal Way receives REET funds which are generally used for capital projects as described under state law. A REET is derived from a modest tax on the sales of real property within the City. As of January 1, 2018, the City's REET rate was 0.5 percent.' Voter --approved Bonds/Levieis Voter -approved General obligation bonds can be used for acquisition or development and are typically repaid through an annual property tax levy through the maturity period of the bonds. General obligation bonds typically mature in 15 to 20 years. Council manic [fonds Bonds issued by the City Council. This type of bond does not require citizen vote but must be paid out of the City's annual operating budget. DIII e-,;feIoper itigation Fees These are fees imposed by the City for park land acquisition and development. This is a funding source derived from mitigation monies required through SEPA (State Environmental Protection Act) environmental review of development projects located within the City. For-example,-residential-sLibdivisions-are-required to-provide-ope+i-space-fo,r-�-5-perceFit-of fie-gr-oss-land-area-ef--tlie-sL+bdivis-ion: Many developers provide a fee to the City in -lieu of constructing parks. 1 /0 8d COUNCIL MEETING DATE: September 5, 2023 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: RESIDENTIAL OPEN SPACE CODE AMENDMENTS POLICY QUESTION: Should the City Council adopt amendments to regulation of residential open space in Titles 18 and 19 of Federal Way Revised Code? COMMITTEE: FEDRAC MEETING DATE: August 8, 2023 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Evan Lewis, Senior Planner DEPT: Community Development Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option,]. MAYOR APPROVAL: 7 % �-� 7 L DIRECTOR APPROVAL: '007"E'V • camnittec EouncF3.01 Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on August 8, 2023. Aew��4�� Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE AUGUST S, 2023: "1 move to forward the proposed ordinance to the September 5, 2023 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE SEPTEMBER 5, 2023: "I move approval of the proposed ordinance. " OW TO BE COMPLETED BY CITY CLERK'S COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ / TABLED/DEFERRED/NO ACTION' V MOVED TO SECOND READING (ordinances only) REVISED— I1/2019 COUNCIL BILL # First reading Enactment reading ORDINANCE # RESOLUTION # LV A. Xaas CITY OF Department of Community Development Federal Way 3Way 8" Avenue South Federal Way, WA 98003-6325 Centered on Opportunity 253-835-2607 www.cit of#ederalwa .com Jim Ferrell, Mayor CITY OF FEDERAL WAY MEMORANDUM Date: July 25, 2023 To: Federal Way Finance, Economic Development & Regional Affairs Committee From: Evan Lewis, Senior Planner V , 49-%, Subject: Residential Open Space Code Amendments _Financial Impacts: There are no costs to the City for adopting the proposed code amendments; all time spent implementing the permitting aspects of the ordinance will be subsumed by existing staff. 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 Ispects 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): F, t 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. 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. Proposed Code Amendment Overview: Below is a summary of the proposed code amendments and reasons for the more substantive or significant updates. Title 19 Subdivision Code Residential Oven Space Updates Update Reasons for Update 1) Update the method of This update will make the method of calculating required calculating required open space consistent between single family and open space for single- multifamily. family subdivisions; from a percent of gross site area to s . ft/unit. 2) Exempt single-family FWRC currently requires that all residential subdivisions be subdivisions of 5 or subject to open space requirements. Staff cannot find an fewer lots from open example of other cities that require usable open space for all space requirements. 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 The new fee -in -lieu calculation method would be consistent method of calculating with the new method for calculating required open space for the fee in lieu of open single-family residential subdivisions, and it would be more space option. 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 2 Update Reasons for Update 1) Establish an active and Current open space definitions create ambiguities and passive open space possibly unintended loopholes during development reviews. definition. Definitions also do not sufficiently differentiate between 2) Clarify existing open different types of `usable' open space. The proposed space definitions. definition updates would be relevant to both FWRC Title 18 and 19. 3) Expand multifamily fee- This update would directly implement the Federal Way in -lieu of open space Housing Action Plan. option to the BC zone. 4) Remove allowance for FWRC currently allows landscaping tracts to be credited landscaping tracts to toward common open space requirements for several uses. count toward open space Since common open space is used interchangeably with requirements. 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 Some multifamily uses are subject to different open space open space requirements quantities, amenities and other requirements among among like uses and different zones. The proposed code updates will increase the zones. consistency of open space requirements for like -uses by zone. 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 3). Procedural Summai-y: 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 7/25/23: FEDRAC Meeting 8/8/23: 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. Public Comments: The City received zero comments during the SEPA comment period and, as of the date of this staff report, zero other public comments. Planninp- Commission Action: The Planning Commission conducted a Public Hearing on June 21, 2023. There were no additional comments from the public received during the public hearing. Following Commission discussion and deliberations, consistent with 19.80.240(1)(c), the Planning Commission forwarded the proposed code changes to the City Council with a recommendation for aipprov . Decision 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: 1. The proposed amendment is consistent with the applicable foals 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. 4 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. 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. 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. 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. Policy LUP 22: Multi -family residential development should be designed to provide 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 hears 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. 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. Options for Decision: After consideration of the proposal and the Mayor's recommendation regarding the proposed amendments, the Council may: L Adopt the ordinance 2. Do not adopt the ordinance and provide staff direction. Mayor's Recommendation: Based on the recommendation from the Planning Commission and above analysis and decision criteria, the Mayor recommends that the proposed amendments to FWRC Title 18 (Subdivisions) and Title 19 (Zoning and Development) relating to residential open space be approved. Attachments: Attachment] Questions & Answers from Planning Commission Briefings Attachment 2 Visual and Numerical Comparison Example of Current vs. New Open Space Requirements (requested at 617123 Planning Commission meeting) Attachment 3 City Comparisons for Residential Open Space Requirements (shared at 617123 Planning Commission meeting) 11 Staff Report Attachment i O&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. Ma 172023 Planniny, Commission Meeting estions 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 & 348t'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 estions 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. 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 A] 17.1-2009, 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. N Staff Report Attachment 2 — Visualized Open Space Example; Current vs. Proposed New Code Single -Family Open Space Visualized — Example for the RS 7.2 Zone' r-----------------...., r • r r , '-------------------------= 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 - - - - - - - - - r 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. Multi -Family Open Space Visualized — Example for the Residential Multifamily (RM) Zone � e r e r , r r r , r :---------------- 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 Re uirement 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 Outer box (solid line) represents an appx. 4-acre site ' Single Family assumptions: Zoned RS 7200 (min lot area of 7200 sq. ft/unit); appx. 70% gross site area can be subdivided Z Multifamily assumptions: Zoned RM 2400; 18 units/acre Staff Report Attachment 3: City Comparisons for Residential Open Space Requirements 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 Notes and Clarifications Code citation Open Space Requirement Auburn No apparent Higher density residential zones (1110 thru R20) require 20% of site area as landscaped open space applicable but that's different than usable open space/recreation open space. requirement 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. Requirement is for developments of 10 units or more, doesn't pertain to Downtown, totaled up to usable open max of 10k sf. Exact code language: "New multifamily developments of 10 units or more shall be space + 50 sq. required, as a condition of Building Permit approval, to provide a minimum of 800 square feet of ft/unit over 10 unpaved, usable open space with lawn or other soft surface for an outdoor children's play area, units 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 DMC 18.155.050 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. City Multifamily Notes and Clarifications Code citation Open Space Requirement 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 IMC outdoor areas for those later uses. 18.07.440(5) Kent 20-25% of gross land Appears to only be for zero lot line developments in single family and multifamily zones; 25% is in area 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% Requirement is for most residential types and it's 20% of total lot area - i.e. the impervious surface of required requirement. For dev. 30 or more units, 25% of required open space must be common open space open space (so that amounts to basically 5% of gross site area). ALSO: the 20% includes critical areas thus it's for not a good apples -apples comparison; only the common open space requirement is. See RMC developments 21.08.180 for more. of 30 or more units (which "For downtown: Residential common usable open space of at least 100 sq. ft/unit up to 20% of appears to the site. See RMC 21.10.130(E) for complete requirement. amount to appx. 5% of "For Overlake area: Usable open space of at least 6.25% of gross residential floor area. See _ lot area for for more detail. most uses) "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 600 sq. ft/unit For higher density residential (mf or sf); R-10 and R-14 zones only when 4 or more units. 350 Density Zones (350 common, sf/unit of common open space; 250 sf/unit of common open space added to that for all non- + 250 private ground units; for ground units that 250 sf/unit can be private open space rather than common. but see notes) 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 storm water facilities, driveways, parking lots or other surfaces designed for vehicular travel." I RMC 4.2.115 City Multifamily Notes and Clarifications Code citation Open Space Requirement Renton - Design 50 sq. ft/unit For all mixed use and attached developments of 10 or more units. Requirement is for common districts A, C, D open space and/or recreation areas. RMC 4.3.100 Renton - Design 150 sq. ft/unit district B (private Requirement is for private usable open space for all attached housing developments in District B only) abutting each unit; may include porches, balconies, yards, and decks. RMC 4.3.100 Sammamish 90-170 sq. "All single-family, multifamily and townhouse developments of more than four units, and mixed use ft/unit 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 SMC or more bedroom: 170 square feet per unit." 21.02.030(1) 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 Notes and Clarifications Code citation Open Space Requirement Auburn Case -by -Case and SF open space determined case -by -case for single-family: "Where dedication of land far park only for and recreation purposes is required, the hearing examiner shall be guided by the policies and subdividisons of 50 recommended standards of the Auburn parks, recreation, and open space plan. It is the or more units — policy of the city to require park land dedication where a proposed subdivision will result in a determined by substantial increase in demand for park land or is needed to prevent or abate public hearing examiner 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 Varies by zone, ranging from 5 to 5.5% of gross land area by zone for open space to be land area 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 City has a 15% of net site area open space requirement for cluster housing, but couldn't find IMC 18.07.420 requirement any open space requirement for conventional subdivisions. Kent 180 sq. ft/unit Applied to subdivisions of 20 or more units. KMC 12.04.060 Kirkland **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 200 sq. ft/unit** still allow single-family detached housing) KMC 115.23 Redmond General: 25% of Requirement is for most residential types and it's 20% of total lot area - i.e. the impervious required open surface requirement. For dev. 30 or more units, 25% of required open space must be space for common open space (so that amounts to basically 5% of gross site area which can still be RMC 21.08.180 City Single -Family Notes and Clarifications Code citation Open Space Requirement developments of substantial). ALSO: the 20% includes critical areas thus it's very much NOT a good apples- 30 or more units apples comparison; only the common open space requirement is. See RMC 21.08.180 for (which appears to more. amount to appx. 5% of lot area for most uses) Renton - High Limited Not a good comparison example. Similar to Kirkland, Renton's sf/unit open space Density Zones requirement — not requirement outside of its design districts (appx. 600 sf/unit) appears to apply to all uses but a good example 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. R M C 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 Could only find open space requirement for Southcenter area -not citywide and unclear if it Title 18 - Zoning (tukwilawa.gov) - no for most areas applies to sf subdivision. No common/public/usable open space req. found in subdivision see table 18.4 code for sf subdivisions From: Laserfiche@cityoffederalway.com <Laserfiche cityoffederalway.cof"> New Attachment: Sent: Tuesday, July 25, 2023 4:10 PM Public Comment To: COUNCIL <COUNCILcit ❑ffederalwa .com> received 7/25/25 (day Cc: Brian Davis <Brian.Davis cityoffederalway.com>; Public Comment FEDRAC of FEDRAC meeting) <PublicComment.rEDRAC Git offederalway.com> Subject: Written Public Comment for July 25, 2023 FEDRAC Meeting [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. The following public comment was received for the July 25, 2023 FEDRAC Meeting. A confirmation of receipt was sent to the requester and the written comment is available online here. Name: Benjamin Taylor Topic: Open Space Requirements Comment: July 25, 2023 Finance, Economic Development & Regional Affairs Committee (FEDRAC) 33325 8th Ave South Federal Way, WA 98003 RE: Federal Way Open Space Code Updates Dear Chair Tran, Councilmember Dovey, and city staff The Master Builders Association of King and Snohomish Counties takes pride in building communities. Our 2,600 members are professional homebuilders, architects, remodelers, trades people, planners and engineers, suppliers, manufacturers, and sales and marketing professionals in your community. We are committed to ensuring that all people can attain housing and have a safe and healthy place to call home. MBAKS wants to thank the city staff for their work updating the city's open space code. After passing new requirements for park impact fees, the reduction in open space requirements is a necessary and welcome change to the city's code. MBAKS members appreciate the changes staff are seeking but would ask for one additional provision: that Federal Way align its open space exemptions with its short plat threshold. Federal Way currently allows lots with up to nine units to be developed under its short plat code, and if the open space provision exemption is set at five, the result is a strange middle ground for homebuilders'looking to develop smaller projects that may end up with projects becoming infeasible and housing not being provided. Please consider raising the exemption threshold to nine to preclude this possibility. As always, MBAKS appreciates the opportunity to comment on these changes and looks forward to continued collaboration on housing opportunities in Federal Way. Thank you for your consideration. Sincerely, Ben Taylor King County Government Affairs Manager ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to residential open space; amending FWRC 18.55.030,18.55.040,18.55.060, 18.60.030, 19.05.030, 19.05.150, 19.100.070, 19.125.060, 19.200.020, 19.200.040, 19.200.045, 19.200.100, 19.205.010, 19.205.040, 19.205.050, 19.205.070, 19.205.080, 19.215.050, 19.215.070, 19.215.150, 19.220.050, 19.220.080, 19.220.100, 19.225.070, 19.225.075, 19.230.060, 19.230.065, 19.240.085, and 19.115.115 (Amending Ordinance Nos. 90-41, 90-43, 93- 170, 94-223, 96-270, 97-291, 98-309, 98-330, 99-333, 00-375, 01-381, 01- 385, 01-399, 02-423, 02-424, 03-450, 05-506, 06-515, 06-542, 07-545, 07- 554, 07-559, 08-583, 08-585, 09-593, 09-605, 09-610, 10-652, 10-658, 10- 678, 12-724, 12-727, 12-735, 13-754, 16-822, 17-834, 20-898, 21-921, 22- 929, 22-932, 23-949, and 23-958) WHEREAS, the City of Federal Way ("City) recognizes the need to periodically modify Title 18 (Subdivisions) and Title 19 (Zoning and Development) of the Federal Way Revised Code ("FWRC"), in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, the Washington Growth Management Act requires that development regulations be subject to continuing evaluation and review; and WHEREAS, residential open space requirements within subdivision and zoning codes should be clear and consistent among uses and zones; and WHEREAS, updates to residential open space provisions of FWRC are needed to implement the Housing Action Plan, and to more fully implement the Comprehensive Plan; and WHEREAS, on June 6, 2023, the City passed Ordinance No. 23-957, which adopted a Park Impact Fee in the City for the first time; and WHEREAS, updates to residential open space provisions of FWRC are needed to attract the Ordinance No. 23- Page I of'125 types and quantity of housing necessary within the City of Federal Way; and WHEREAS, current open space requirements under FWRC may sometimes increase the potential for natural areas to be lost in order to accommodate usable open space; and WHEREAS, the City's residential open space requirements should be generally consistent with other similarly situated cities to as not to disincentivize development in the City; and WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the proposed various code amendments on May 12, 2023, no appeals were filed and the appeal period expired on June 16, 2023; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on June 21, 2023, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Finance, Economic Development & Regional Affairs Committee of the City Council of the City of Federal Way considered these code amendments on July 25, 2023, and recommended adoption of the proposed code amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The recitals set forth above are hereby adopted and restated as findings of fact. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by ensuring conformance with state law, protecting public health and safety, and clarifying items within the Code resulting in less need for interpretation. Ordinance No. 23- Page 2 o.% 125 (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. (d) These code amendments are consistent with the intent and purpose of Title 18 and Title 19 under FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (f) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: 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.], 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 l: Create an attractive, welcoming and functional built environment. Policy L UP 2: Use zoning regulations to achieve a greater range of housing options in Ordinance No. 23- Page 3 of ' 125 multifamily designations. Land Use Chapter Goal 3.1: Provide a wide range of housing densities and types in the single-family designated areas. Policy L UP 1 S: Revise existing land use regulations to provide for innovation and flexibility in the design of new single-family developments and in -fill. Policy L UP 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. Policy L UP 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. Policy L UP 22: Multi -family residential development should be designed to provide 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 Ordinance No. 23- Page 4 of 125 enhance natural beauty, by encouraging community development patterns and site planning that maintains and complements natural landforms. Policy L UP 22: Multi -family residential development should be designed to provide privacy and common open space. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they encourage production of housing in the City of Federal Way at a time when the increasing demand for housing is unmet, improve the clarity and consistency' of current residential open space requirements, better preserve natural areas, and provide better quality open space. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they 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. Section 3. FWRC 18.55.030 is hereby amended to read as follows: 18.55.030 Density (1) All lots in conventional subdivisions, both long and short subdivisions, binding site plans, and small lot detached developments shall meet the minimum lot size requirements of FWRC Title 19. Minimum lot sizes and density for zero lot line townhouse development are as allowed in FWRC 19.205.010. Minimum lot sizes and density for cottage housing are as allowed in FWRC 19.205.020. Ordinance No. 23- Page 5 qf 125 (2) Lots created in cluster subdivisions may be below the minimum lot size requirements of FWRC Title 19, Zoning and Development Code, provided the total number of lots created does not exceed the number which would be permitted in a conventional subdivision on a site of the same total area, after reservation of required open space as allowed in FWRC 18.55.040. The maximum number of lots permitted will be calculated by subtracting the required 15 reree t for- open space and 20 percent for streets from the gross land available, then dividing by the minimum lot size of the underlying zoning district. (Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 01-381, § 3,1-16-01; Ord. No. 98-330, § 3,12- 15-98; Ord. No. 98-309, § 3, 1-6-98; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.230.10, 16.230.20), 2-27-90. Code 2001 § 20-153.) Section 4. FWRC 18.55.040 is hereby amended to read as follows: 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 Ordinance No. 23- Page 6 of 125 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 Yntist (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. (iv_ii) All usable open space must be readily identifiable from streets within the development, and easily accessible by the residents. and have oints of access central] located within the develes ment. Usable apen spaee she ild be the tfal fo and an LG' l+Z�lSLI Lil i�/44i� (f) Cluster subdivisions can be constructed with zero lot lines under the following conditions: (1) No more than two units shall share a common wall. Ordiwnce No. 23- Page 7 of 125 (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 provides the required open space. (c) Native trees retenfion 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 sees director. (e) The cluster subdivision will not result in destruction or damage to natural, scenic, or historic features. Ordinance No. 23- Page 8 of 125 (f) Each dwelling unit shall meet the design standards in the FWRC community design guidelines for cluster subdivisions. (Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 01-381, § 3, 1-16-01; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 98-309, § 3, 1-6-98; Ord. No. 97-291, § 3, 4- 1-97; Ord. No. 90-41, § 1(16.240.10—16.240.30), 2-27-90. Code 2001 § 20-154.) Section 5. FWRC 18.55.060 is hereby amended to read as follows: 18.55.060 Open space and recreation. - - aF- L'!�7*!1:l�':!!L'1 Ordinance No. 23- Page 9-of 125 (T-2) 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 4-5 p150 square feet per of the gfess land afea of the "„bbddiyis;^,- c + dwelling unit. At least 50 percent of usable open space per dwelling rinit shall be active open space. 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. 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 propertyor in the absence of an assessment, an appraisal conducted by a state -certified real estate appraiser. , 15 pereem,. z fnest recent assessed 11 1 1 11 11 1 ll�G3iL asses .�f the heme r4iet 1 1 ll b fir, by state c erti filar-tv�,e 3tir'ertr.-fic-'r'r'nm�c�r�rin u`c�riu-rrvv Wiser 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, multi lied by the Eben ^ferren! niarket value assessed or Ordinance No. 23- Page 10 of 125 Upraised value per square foot of the property niflafly sittiate..d preper=y. 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 and4-5-pefee-PA the required increased amount if ativ, resulting from the new development proposal. 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 streets within the development and easily accessible by the residents. Usable open space should be the central focus and an amenity for the project. of GfWSS Lai? Cory Area Usablenni , C ien Ne . Buffer 1 i] Constrained 'ta*in+UM Ordinance No. 23- Page I I of 125 An administrative alteration of the open space category percentage requirementsv;4t in ibe .,b^sr^ may be made by the parks director on a case -by -case basis, but in no case shall the combination of categories total 1 ess. than 1 Sresult in less than the overall amount of req uired usable oven spaceper-cent 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 ma_y count toward the minimum open space requirements specified in this title.. ( -5) 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. (16) 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. Ordinance No. 23-.. Page 12 of 125 (Ord. No. 10-652, § 5, 4-6-10; Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 98-330, § 3, 12- 15-98; Ord. No. 98-309, § 3, 1-6-98; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-41, § 1(16.250.10 — 16.250.60), 2-27-90. Formerly 20-155. Code 2001 § 20-156.) Section 6. FWRC 18.60.030 is hereby amended to read as follows: 18.60.030 Buffers. (1) Land divisions, except for commercial binding site plans, should provide a 10-foot-wide Type III landscape strip along all arterial streets to shield new residences from arterial streets. See FWRC 19.125.050(3). Said landscape strip shall be provided in a separate tract to be owned and maintained by the homeowners' association (2) Perimeter fencing in subdivisions shall be located on the interior side of landscape strips planted along arterial streets. (Ord. No. 07-554, § 5(Exh. A(2)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 97-291, § 3, 4- 1-97; Ord. No. 90-41, § 1(16.280.10 — 16.280.30), 2-27-90. Cole 2001 § 20-178.) Section 7. FWRC 19.05.030 is hereby amended to read as follows: 19.05.030 C definitions. "Canopy" means a permanent, rigid, roof -like structure that projects from a building as a shelter, with no habitable space above it, but that does not project above the adjacent parapet or roof of a supporting building. A freestanding canopy is a rigid, roof -like structure providing shelter that is supported by one or more posts embedded in the ground. Cargo Containers. See "outdoor storage containers" and "portable moving containers." "Cell-on-1� heels (C-O-W) " means a mobile temporary personal wireless service facility. Ordinance No. 23- Page 13 of 125 "Cemetery" means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses, when operated in conjunction with and within boundaries of such cemetery. "Church, synagogue or other place of religious worship" means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. `Clearing" means the destruction and removal of vegetation by manual, mechanical, or chemical methods. "Clearview gone " means the areas around intersections, including the entrance of driveways onto streets, which must be kept clear of sight obstruction. See FWRC 19.135.300. "College or university" means a post -secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. "Collocation " means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. 'Commercial recreation_facility" means an indoor facility and use operated for profit. with private facilities., equipment or services for recreational purposes including swimming pools. tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Ordinance No. 23- Page 14 of725 "Commercial use" means the uses allowed in the commercial zones and the nonindustrial uses permitted in the commercial enterprise zone and not permitted in any other zones of the city. `Commercial vehicle " means any truck over 10,000 pounds gross vehicle weight rating (GV WR), as defined in RC W 46, 2 5.010., which is typically used principally for the transportation of commodities, vehicles, merchandise, produce, freight, or animals; as well as any bulldozers, backhoes, cranes, or similar construction equipment. "Commercial zones " means the BN, BC, CC-C and CC-F zoning districts. .fiyi#ies l:.,.-.ludinr. .-#;,>i#„-... ., ,;+., l..l �, .-.,�1 �..\.rir�.�—;a ...mot• zxxcrrriga or k.,r.ca tiu.g ... u.i . a,.4 U.. a.,. "Common space " means an area within a development, which is used primarily by the occupants of that development, such as an entryway, lobby, courtyard, outside dining area, etc. "Community gardens " means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or more individuals, or may be farmed collectively by members of a group and may include common areas maintained or used by group members. Food grown is typically for conuuunity garden members or as a donation. See also the definitions for "agricultural use.' "urban agriculture," and "farm stand." Ordinance No. 23- Page 15 of 125 'Community recreation area or clubhouse " means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. "Community service event" or "civic event" means an event or gathering (such as a food fest, concert, fun run, cultural exhibition, or charitable fund-raising event) sponsored by a private or public nonprofit organization. Sponsoring organizations can include, but are not limited to, schools, churches, and/or civic fraternal organizations, theater and arts groups, and charitable organizations. The event may not be primarily for the purpose of selling or promoting merchandise or services. "Comprehensive plan " means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.1i60 through 35A.65,080 and the shoreline master program. "Contour line " means the interconnection of points having the same height above sea level. 'Convalescent center" means an inpatient facility, excluding facilities defined as hospitals, for patients who are recovering from an illness or who are receiving care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include assisted living facilities. "Copy" for signs means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. "Cottage.food operation" means a business licensed by the state of Washington to make low -risk food products in a home kitchen and sell directly to consumers. Ordinance No. 23- Page 16 of 12-5 "Cottage housing development (CHD) " means residential development consisting of clusters of between four and 16 detached dwelling units, that includes cottages and may include compact single- family units and meets the following criteria: (1) Dwelling units are limited to a maximum square footage; and (2) Dwelling units are grouped around a common open space; and (3) Developments meet a set of design criteria not applicable to typical single-family developments as stipulated in Chapter 19.250 FWRC. "Critical aquifer recharge areas" means areas in which water reaches the zone of saturation by surface infiltration and includes areas hydrogeologically susceptible to contamination and contamination loading potential including, but not limited to, sole water source aquifer recharge areas, special protection groundwater management areas, wellhead protection areas, and other areas with a critical recharging effect on aquifers used for potable water. "Critical root zone " means an area equal to 12 inches radius for every one inch of tree diameter measured at four and one-half feet above ground. "Gross -section (dralNing) " means a visual representation of a vertical cut through a structure or any other three-dimensional form. "Curb cut " means the connection of a driveway with a street, which may entail a structural alteration to the curb by lowering the height of part of the curb. "Cut " means a portion of land surface or area from which earth has been removed or will be removed by excavation. Also known as excavation. Ordinance No. 23- Page 17 of 125 (Ord. No. 13-754, § 4, 12-3-13; Ord. No. 12-724, § 3, 6-5-12; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 09-593, § 24,1-6-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-1.3.) Section 8. FWRC 19.05.150 is hereby amended to read as follows: 19.05.150 O definitions. "Occupant" means a person that legally occupies a structure or property. "Office use " means a place of employment providing services other than production, distribution, sale or repair of goods or commodities, and includes but is not limited to: medical, dental or other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or other similar services. The following uses are specifically excluded from the definition of "office": banks, savings and loan companies and similar financial institutions. "Office zones" mean the PO, OP and CP-I zoning districts. "On -site hazardous waste treatment and storage facilities" means facilities which treat and store hazardous wastes generated on the same property or geographically contiguous properties, which may be divided by public or private right-of-way if the entrance and exit between the properties is at a crossroads intersection and access is by crossing as opposed to going along the right-of-way. "Open house" means an event held at a specific location, that is open to the public, and where the event holder remains in attendance during the event. "Open record hearing" means a hearing that creates the city's record of decision for an application Ordinance No. 23- Page 18 of 125 or appeal through testimony and submission of evidence and information, under procedures prescribed by the city's hearing examiner or the city council. An open record hearing may be held prior to the city's decision on an application, or as part of an appeal. "Open space" means an area of land that is valued for natural processes and wildlife, fer agricultural production, active and/or passive recreation, and/or providing other public benefits. in eei4ain ease Open space may refer to both outdoor and indoor spaces that provide active and/or passive recreational amenities for a development's occupants or users. "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. S Playground equipment. 9 Community gardens. 0 0) Dog parks. (I 1) 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 Ordinance No. 23- Page 19 gf'125 restrict the ability to move easily and spontaneotisiy for the purpose of active recreation. Open fields (miniarked) may only be used to satisfy active open space requirements.under the code if at least two other types of active open s ace are provided. Only the footprint of active open space amenities constitutes 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 containingplayground equipment. "Open space, common, " means open space which is normally utilized by the occupants of a building or property. "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. Picnic tables. (3) Wildlife viewing areas. (4 ) Rooftop terraces that are usable and accessible to all residents in a deve_I_opment. 5) Bus waiting areas outside right-of-way. (6) Courtyards or plazas. (7) Shelters. "Open space, private, " means open space, the use of which is normally limited to the occupants of a single dwelling. Ordinance No. 23- Page 20 of ' 125 "Open space, public," means open space owned and maintained by a public agency and mainiail� hy-44 for the use and enjoyment of the general public. "Open space, usable," means open space that is appropriate for a variety of active and/or passive recreational activities and is not: I Covered by parkingor driyig areas. 2 Covered by qLiy vegetation that impedes access. 3 On a slope that is too steep for recreational activities. "Ordinary high water mark" means, on lakes, streams and tidal waters, that mark found by examining the bed, banks, or shore and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character distinct from that of the abutting uplands with respect to vegetation. Where the ordinary high water mark cannot be found by mark, the ordinary high water mark shall be the line of mean high tide for salt water and the line of mean high water for fresh water. In any stream where neither mark nor mean high water can be found, the channel bank shall be substituted. In braided channels and alluvial fans, the ordinary high water mark or substitute shall be located so as to include the entire stream feature. "Outdoor " means not contained within a building. "Outdoor storage " means any material or item (including vehicles) being stored for or awaiting sale, lease, processing or repair and not enclosed within a building. "Outdoor storage containers " means new or used prefabricated metal or steel enclosures used for the accessory storage of supplies, equipment, inventory, goods, commodities, or construction -related materials; or temporary offices for active construction sites; designed without an axle or wheels; and Ordinance No. 23- Page 21 of 125 capable of being mounted on a chassis or bogie for movement by truck, trailer, railcar, or ship. This definition includes, but is not limited to, cargo, shipping, and freight containers; and excludes typical residential accessory buildings or structures such as garages and storage sheds; garbage and recycling containers; containers mounted on a truck or in some stage of transport; structures used or designed to be used as living facilities; and portable moving containers as defined in this chapter. See FWRC 19.125.180 and 19.125.190. "Owner " means, in reference to real property, the person or persons holding fee title to the property as well as the purchaser or purchasers under any real estate contract involving the real property. (Ord. No. 20-898, § 9, 10-20-20; Ord. No. 12-727, § 7, 9-18-12; Ord. No. 09-610, § 3(Exh. A), 4-7- 09; Ord. No. 09-593, § 24, 1-6-09; Ord. No. 08-585, § 3(Exh. A),11-4-08; Ord. No. 08-583 § 3(Exh. A), 10-21-08. Code 2001 § 22-1.15.) Section 9. FWRC 19.100.070 is hereby amended to read as follows: 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 Ordinance No. 23- Page 22 of 125 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 Ordinance No. 23- Page 23 of 12-5 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. (2) Regional stormwater facility fee -in -lieu. Developments may be able to utilize stormwater detention in one of the city's regional stormwater facilities based on an area fee -in -lieu established by the city. Fees are used for construction cost recovery and shall be paid at the time of plat recording for residential land divisions and prior to building permit issuance for commercial and multifamily developments. (3) Transportation impact, fee. Unless the use of an independent fee calculation has been approved, or unless a development agreement entered into pursuant to RCW 3G. (� provided otherwise, the fee shall be calculated and paid per the following: (a) For commercial developments, fees shall be calculated based on the impact fee schedule in effect at the time a completed building permit application is filed and paid prior to permit issuance. For a change in use for which no building permit is required, the fee shall be calculated and paid based on the impact fee schedule in effect on the date of an approved change of use. (b) The city shall collect transportation impact fees, based on the fee schedule adopted by city council, from any applicant seeking development approval from the city where such development activity requires the issuance of a residential building permit or a manufactured home permit. (c) For all applications for single-family, multifamily residential building permits, and manufactured home permits; the total amount of the impact fees shall be assessed and collected from the applicant when the building permit is issued, using the fee schedule then in effect. Ordinance No. 23- Page 2-1 of 125 Irrespective of the date that the application for a building permit or manufactured home permit was submitted, no permit shall be issued until the required transportation impact fees set forth in the fee schedule have been paid, except as authorized under FWRC 19.100.075 (d) Where a building permit is not required for the development activity, the transportation impact fees shall be paid prior to issuance of the permit that authorizes the activity. (Ord. No. 16-822, § 9, 8-9-16; Ord. No. 12-727, § 6, 9-18-12; Ord. No. 10-658, § 6, 5-18-10.) Section 10. FWRC 19.125.060 is hereby amended to read as follows: 19.125.060 Landscaping requirements by zoning district (1) Suburban Estates, SE. (a) Type III landscaping 10 feet in width shall be provided along all property lines of nonresidential uses in the SE zoning district, except as provided in FWRC 19.125.070. (2) Single -Family Residential, RS. (a) Type III landscaping 10 feet in width shall be provided along all property lines of nonresidential uses in the RS zoning districts, except as provided in FWRC 19.125.070. (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 :~ha4-b& ^fedit° d to the (b) Type I1 landscaping 20 feet in width shall be provided along the common boundary abutting single-family zoning districts, except for zero lot line townhouse and small lot detached Ordinance No. 23- Page 25 of 125 development. (c) Type III landscaping 10 feet in width shall be provided along all perimeter lot lines, except as noted in subsections (3)(a) and (b) of this section and except for zero lot line townhouse and small lot detached development. (4) Professional Office, PO. (a) Type III landscaping eight feet in width shall be provided along all property lines abutting public rights -of -way and access easements. (b) Type I landscaping 10 feet in width shall be provided along all perimeter property lines abutting a residential zoning district except for schools which shall provide 10 feet of Type II. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in subsections (4)(a) and (b) of this section. (5) Neighborhood Business, BN. (a) Type III landscaping five feet in width shall be provided along all properties abutting public rights -of -way and ingress/egress easements. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width along all perimeter lot lines except as noted in subsections (5)(a) and (b) of this section. (6) Community Business, BC. (a) Type III landscaping five feet in width shall be provided along all properties abutting public rights -of -way and ingress/egress easements. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property Ordinance No. 23- Page 26 g1'125 abutting a residential zoning district. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (6)(a) and (b) of this section. (7) City Center, CC. (a) Type III landscaping five feet in width shall be provided along the perimeter of parking areas abutting public rights -of -way. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (7)(a) and (b) of this section, except that landscaping is not required along perimeter lot lines abutting rights -of -way, where no required yards apply pursuant to Chapter 19.225 FWRC. (8) Office Park, OP. (a) Type III landscaping 10 feet in width shall be provided along all property lines abutting public rights -of -way and access easements. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in subsections (8)(a) and (b) of this section. (9) Commercial Enterprise, CE. (a) Type III landscaping five feet in width shall be provided along all property lines abutting public rights -of -way and access easements, except industrial uses shall provide Type II Ordinance No. 23- 'Page 27 of 125 landscaping 10 feet in width along such property lines. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of the property abutting a residential zoning district, except industrial uses shall provide Type I landscaping 25 feet in width along such property lines. (c) Type III landscaping five feet in width shall be provided along the perimeter of the property abutting a nonresidential zoning district, except industrial uses shall provide Type II landscaping 10 feet in width along such property lines. (Ord. No. 22-932, § 21, 5-3-22; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 07-554, § 5(Exh A(13)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 96-270, § 3(E), 7-2-96; Ord. No. 93-170, § 4, 4-20-93. Code 2001 § 22-1566.) Section 11. FWRC 19.200.020 is hereby amended to read as follows: 19.200.020 Zero lot line townhouse and townhouse (attached) dwelling units. The following uses shall be permitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Maximums Z©N Required Yards USE Required .Required H Review Parking REGULATIONS Process Lot Size Lot 'Height of s paces Front Side (each) Rear Coverage Structuren tY b SPECIAL REGULATIONS AND NOTES Attached dwelling units Process Ill 10,000 sq. 20 ft. Ibr 5 ft. for 5 ft, for 60% 30 ft. 2 per 1_ These uses maN be for attached tt. with at attached attached attached above dwelling permitted onh if they meet dwelline least dwelline dwelling dwelling average unit. see the following criteria: Zero lot line townhouse units 5.000 sq. units units units building note 13 a. The site is designed to attached dwelline units ft. per unit elevation be compatible with am Subdivision for 20 It or 10 0 ft.. 5 ft- 5 ft. or 20 nearby low density uses. These uses are allowed review for attached ft. for zero t0 ft. for tt. for zero See note 5 b The site is designed to only in RS 5.0 zones zero lot line dwelling lot line zero lot lot line for zero preserve larger aggregations townhouse units townhouse line townhouse lot line ol'open space than would dwelling development townhouse dwelling townhouse de\ elopment of IhC subject Ordinance No. 23- Page 28 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Maximums Required Yards USE Required Required Review Parkin REGULATIONS Process Lot Size Lot Height of $pace"; n frar t Side (each) Rear Coverage Strvelure: ty �j SPECIAL REGULATIONS AND NOTES units See note 2 dwelling units dwelling property with detached for zero See note 4 units units dwelling units. lot line See note 4 c. The scale of townhouse See note 4 development on the subject dwelling property is compatible with units any nearby low density uses. 2. Minimum site area for zero lot line townhouse development shall be 10,000 sq. ft. 3. Each building shall consist of a minimum of two units and a maximum of eight units in each grouping_ 4. For zero lot line townhouse development. the following shall apply: a. Each dwelling unit must be located on its own lot of record. b. Minimum front yard setback is 20 ft. when perking/garage is located in [he front of the townhouse. Otherwise, minimum front yard setback is 10 ft. There are no required side yards between attached units_ c. For a group of two to six attached units. the required side yard is five ft. d. For more than six attached units_ the required side yard is 10 ft. e. Minimum rear yard setback is five ft.. except that mininunn rear yard setback is 20 ft. from the property line for garages that are accessed via an alley or drive aisle. 5. Two off-street parking spaces including one garage shall be provided for each zero lot line townhouse unit. 6. The subject property must contain at least 150400 sq. ft. ofusahle open space per dwelling unit. Dcvck7nn1en14 nl'S nr Ordinance No. 23- Page 29 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums 2�N Required Yards USE Required ]Required Review 1Parking REGULATIONS n tY b Process Lot Size Front Side (each) :Rear Lot Coverage Height of Structure Spaces SPECIAL REGULATIONS AND NOTES 1'ewer units are exempt frum thi5_usIble ()pen paacC requ ire mem. At least 50% of the usable olpcn_s page must be active open spat=c. Usable open space This includes must include a minimum of 75M sq. 11. 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 M ro-ndseapi�r�ridHa '4 all he p fev; tt.- akt0"11 aftet�ial �i�rss-or=�y—ra� 5e�r3Ft3[L-fFHC' •.".rr-.�-3rr�rrro�._n ti., off sgae&-fegaifemem—At least 10%o percent of the publie 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-opLm space -it shall be developed with age - appropriate equipment, If the subject property contains four or more units. this required p usable open space must be in one or more pieces, each having both a length and width of at least 25 It. 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. 7. Chapter I�),h; FWRC contains reaulalions retarding home occupations and other accessories. facilities and activities associated with this use. Ordinance No. 23- Page 30 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Maximums USE Required Required Yards Required Review Parking REGULATIONS Process Lot Size Lot Height of Spaces t7 C* Front :aide (each) Rear Coverage structure 1, II, III and IV are described in 19.55 FWRC, 19.60 FWRC. 19.65 FWRC. 19.70 FWRC respectively. SPECIAL REGULATIONS AND NOTES 8. Refer to Chapter 19.265, FWRC to determine what other provisions ofthis title may apply to the subject property. 9. Refer to Chapter I.9 125- FWRC. Outdoors, Yards, and Landscaping, for appropriate requirements. 10. For sign requirements that apply to the project, see Chapter 19 ]40 FWRC. 11. For community design guidelines that apply to the project, see Chapter 19 ] l5- FWRC. 12. For provisions that relate to the keeping of animals, see Chapter 19 26Q FWRC. 13, Minimum residential parking requirements subject to FWRC t9.130.020. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit. see FWRC 19,110,050 et seq. For details regarding required yards. see FWRC 19.125.160 el seq. (Ord. No. 23-949, § 17, 2-7-23; Ord. No. 07-554, § 5(Exh. A(6)), 5-15-07; Ord. No. 02-424, § 3, 9- 17-02; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(20.15). 2-27-90. Code 2001 § 22-632.) Ordinance No. 23- Page 31 gl'125 Section 12. FWRC 19.200.040 is hereby amended to read as follows: 19.200.040 Manufactured home parks. The following uses shall be permitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use .. THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required USE REGULATIONS Review Lot Height of Parking Process Lot Size Front Side (Rear Coverage ;, structure Spaces (each) SPECIAL b REGULATIONS AND NOTES Manufactured home Process N 3 acres with 20 ft. 20 ft. 20 ft. 60% 30 ft. 2 per 1. This use may be parks. at least 5.000 above manufactured permitted only if it meets This use is allowable sq. ft. per average home the following criteria: only in RS 5.0 zones manufactured building a. The proposed home elevation development will be compatible with surrounding uses. b. The proposed site plan demonstrates sensitive and thoughtful layout of the manufactured home park considering the size and configuration of the subject property, the topography and natural features of the subject property and the nature of the surrounding area. c. The proposed site plan avoids repetitive siting of the manufactured homes and encourages privacy for the residents of the manufactured homes. d. The streets providing access to the subject properq are adequate to support the movement of manufactured homes to and from the subject property. 2. There be at least a 15 f1 separation between manufactured homes on the subjecl proper[N. 3. The subject property must contain at least 400 150 sq. ft. of Lksahle;gwi space per manufactured home ef- ee neH Ordinance No. 23- Page 32 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. _ . THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required (Required USE REGULATIONS Review Process Lot Size (Front Side (each) Rear Lot 'Height Coverage of Structure (Parking ,,, Spaces SPECIAL t� REGULATIONS AND NOTES � fi�&}yt3Ha;$pelFSpac e �...6,.u'S. At least 50% of the common usable opg-n space must be active open slxicg. 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% pereen of the common usable_r)M n space must he deyclopcd and maintained with children_s play e ui menl. exec. t f r hous3nn ror tilt, excInslyu utiC of persons [over 751 ears of aee. in which case it $hall be Jcvclopcd t ith aee-a PPTpPT inte eg p i pmeal_ 4. No facade of any structure may exceed 120 ft. in length. In addition. any facade of a Structure that exceeds 50 ft. in length must be modulated as follows: a. The minimum depth of the modulation is three ft. b. The minimum width ofthe modulation is tour fl. c. The maximum NNidth ofthc modulation is 35 ti. 5. Each manufactured home must be placed on a permanent foundation or otherwise securely anchored and stabilized. Unless on a IbUndation. the base of each manufactured Ordinance No. 23- Page 33 of ' 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required ;Required USE REGULATIONS Review Lot 'Height of Parking Spaces Process Lot Size Front Side Rear Coverage Structure 'each) SPECIAL b REGULATIONS AND NOTES home must be surrounded by a skirt. In addition, the exterior appearances of the manufactured homes must be compatible with the character of existing dwelling units in the area. 6. If any portion of a structure on the subject property is within 100 ft. of a low density use, then either: a. The height of that structure shall not exceed 15 ft. above average building elevation_ or b. The facade of that portion of the structure parallel to the low density use shall not exceed 50 ft. in length. 7, Chapter I ],'{ FWRC contains regulations regarding home occupations and other accessories, facilities and activities associated with this use. 8. Refer to Chapter 19 6 FWRC to determine what other provisions of this title may apply to the subject property. 9. Refer to Chapter '� ' 1'_ FWRC. Outdoors. Yards, and Landscaping. for appropriate requirements. 10. For sign requirements that apply to the project. see Chapter 19.140 FWRC. 11. For communi(v design guidelines that apply to the project_ see Chapter 19.1 1 5 FWRC. 12 For provisions that relate to the keeping of animals. see Chapter 19 260 FWRC Ordinance No. 23- Page 34 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. THEN, across for REGULATIONS Minimums Maximums Required Yards t7 Required Required R USE REGULATIONS Review Lot Height of Parking Process Lot Size Front Side Rear Coverage Structure Spaces 'each) SPECIAL b REGULATIONS AND NOTES L For other information Process I, II, 111 and IV are described in about parking and parking Chapter 19.55 FWRC, areas, see Chapter 19.130 Chapter 19.60 FWRC, FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details of what may exceed this height limit. see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. No. 02-424, § 3, 9-17-02; Ord. No. 99-333, § 3, 1-19-99; Urd. No. 9 /-291, � s, 4-1-9 /; urn. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(20.20), 2-27-90. Code 2001 § 22-634.) Section 13. FWRC 19.200.045 is hereby amended to read as follows: 19.200.045 Permanent supportive housing and transitional housing. The following uses shall be permitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST. read down to find use. THEN. across for REGULATIONS Minimums Maximums �c3iV E Required Yards Required Required USE REGULATIONS Review Lot height of Parking „ Process Lot Size Side Coverage Coverage Structure 'paces Front each) Rear b REGULATIONS AND NOTES Permanent supportive Process III See note 1 20 It. 10 1i 20 ti See note 30 ft. See notes 11. 1. Minimum lol size is as housing and transitional 9 above 12 and 15 follows: housing average a. In RS 35.0 zones. the ` building minimum lot size is 3�.000 elevation sq, ft. b. In RS 1 �.0 zones. the minima,,, lot size is 15000 sq. ft. Ordinance No. 23- Page 35 of 125 USE ZONE CHART DIRECTIONS: FIRST. read down to find use ... THEN, across for REGULATIONS Minimums Maximums !� Required Yards Required Required I� USE REGULATIONS Review Lot !Height of Parking , Process Lot Size Front aide hear Coverage ure Structure paces ,each) SPECIAL t� REGULATIONS AND NOTES c. In RS 9.6 zones, the minimum lot size is 9,600 sq. ft. d. In RS 7.2 zones, the minimum lot size is 7,200 sq. ft. e. In RS 5.0 zones, the minimum lot size is 5,000 sq. ft. 2. Any proposed permanent supportive housing or transitional housing facility with more than two units, or which brings the total number of penmanent supportive housing or transitional housing units on the property to more than three units, must be distanced at least one and one-third miles (7,040 ft.) from any property with more than three units of permanent supportive housing and/or transitional housing, as measured From the nearest points ofeach such property. 3. There shall be no more than six residences located within a single structure per lot. 4. The property is situated proximate to, and has convenient access to, public transportation. shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 5. The housing will operate tinder a written community engagement plan, approved by the governing agency. board. or official. which must address. at a minimum: (a) how the facility will engage with the community. (b) how the facility will respond to Ordinance No. 23- Page 36 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Maximums � K`7 Required Yards Required Required USE REGULATIONS Review Lot IHeight of Parking , Spaces Process Lot Size Front Side Side Coverage 'Structure (each) SPECIAL b REGULATIONS AND NOTES community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.1 IS FWRC. 9. Maximum lot coverage is as follows: a. In RS 35.0 = 50%. b. In RS 15.0 = 50%. c. In RS 9.6 = 60%. d. In RS 7.2 = 60%. e. In RS 5,0 = 60%. f. See FWRC 19.110J12t](2) for calculation of lot coverage for flag lots. 10. The subject property must contain at least 400 150 sq. ft. of usable open space per dwelling unit. DeveIu nsgits of 5 or fewer units are exen117t Ii-om this able a en Space requirement. A? least 50% of the usable tonen space must he a lvr f3•n space- Usable a n space T4+is must includL' ineludes a minimum of M 75 sq. ft. of private open space for each unit and the remainder as usable common open space. Private open space Ordinance No. 23- Page 37 of 12-5 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZDiV E Required Yards Required ]Required USE REGULATIONS Review Lot Height of,, IParking Process Lot Size Front 'Side Rear Coverage Structure paces (each) SPECIAL U REGULATIONS AND NOTES may include yards, patios, and balconies. Type III landseapi:t#4 4 i -•width s '44-fie t+icl�Ong -aP nriertirl--Figway�,-Said IatFelseapiF►g-�.diai�-be-irr� sepe to Eraei ati shall Iir ol�cr► stxtEe regtrirervt4. At least 10% of the peblie 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 ,� opil shall be developed with age - appropriate equipment. If the subject property contains four or more units, this required pub4e 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. 1 I_ Parking spaces shall be provided as follows: Efficiency units — LO per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 12. Alternatively. an applicant maN choose to submit a parking study in Ordil7ance No. 23- Page 38 of 12-5 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE u Required Yards Required Required USE REGULATIONS Review Lot Height of Parking Process Lot Size Front Side Rear Coverage Structure ,paces (each) SPECIAL n iY b REGULATIONS AND NOTES accordance with FWRC 19.1. q litl42). 13. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 5918 RCW, including resident responsibilities and a code of conduct that includes. at a minimum, a prohibition on threatening and unsafe behavior; and the on -site use and sale of illegal drugs; v. Access to human and social services, includin, a staffing plan and expected outcome measures: vi. Procedures for maintaining accurate and complete records. Ordinance No. 23- Page 39 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums �©NE Required YardsC� Required Reguimd 7 USE REGULATIONS Review Parking Lot Heigltt of 5Aces Process Lot Size Side Coverage Structure p Frnnt (each; 1�e rr SPECIAL b REGULATIONS AND NOTES d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field. and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 14. All facilities are required to be licensed pursuant to the provisions of Chapter 1135 FWRC. 15. Minimum residential parking requirements subject to FWRC 19.1 ;ll 02(1. For other information roces4 1, Il, III and IV are described in about parking and parking 'hapter 19.55 FWRC, areas; see Chapter 19.130 hapter 19.60 FWRC. FWRC. :hapter 1965.FWRC. For details of what may 'h;ipter 19.70 FWRC respectively, exceed this height limit. Ordinance No. 23- Page 40 of '125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards u� Required Required USE REGULATIONS Review Lot height of Parking Process Lot Size Side Coverage Structure paces Front (each) Rear SPECIAL �j REGULATIONS AND NOTES see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. No. 23-949, § 18, 2-7-23; Ord. No. 22-929, § 4, 1-18-22; Ord. No. 21-921, § 19, W-19-21.) Section 14. FWRC 19.200.100 is hereby amended to read as follows: 19.200.100 Senior citizen or special needs housing The following uses shall be permitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use .. THEN, across for REGULATIONS Minimums Maximums ZONE Required YardsC Required Required 7 USE REGULATIONS Review Lot (Height of (Parking Process Lot Size Side id Coverage Structure Spaces Front (each) Rear SPECIAL b REGULATIONS AND NOTES Senior citizen or special Process IV 20 li. 5 ft 5 ft See note 30 ft Senior 1. Minimum lot size for needs housing (stacked As established 9 . above housing: I this use is as follows: a. In RS 35.0 zones, the Sec 2. 5 and 10 dwelling units) on the zoning notes average for each minimum lot size is 35,000 map, building dwelling unit v s ft. q elevation. b. In RS 15.0 zones. the minimum lot size is 15,000 See notes I and 5 See note Special needs sq. ft' c. In RS 9.6 zones. the 5 housing: 0.5 minimum lot size is 9.600 for each unit. sq. ft. d. In RS 7.2 zones, the Sec notes 17 minimum lot size is 7.200 and 18 sq. ft. e. In RS 5.0 zones. the minimum lot size is 5.000 sq. ft. 2. If any portion of a structure is adjacent to a Ordinance No. 23- Page 41 oJ12S USE ZONE CHART DIRECTIONS: FIRST, read down to find use. THEN, across for REGULATIONS Minimums Maximums Z(?NE Required Yards Required Required USE REGULATIONS Review Lot Height of Parking Process Lot Size Front ;Side Rear Coverage Cove Structure ,spaces (each) b REGULATIONS AND NOTES single-family residential zone, then the structure shall be set back a minimum of 20 ft. from the property line ofthe residential zone. 3. All buildings must be gabled with pitched roofs. 4. The city may permit this use if it meets the following criteria: a. The subject property is situated in close proximity to, and has convenient access to, public transportation, shopping, health care providers and other services and facilities frequently utilized by the intended residents of the subject property. b. The proposed development will not create unreasonable impacts on traffic, public utilities and services or on nearby residential. 5. The city will determine the number of dwelling units or occupancy rooms or suites permitted in the proposed development and may permit or require modification of the required yard, lot coverage_ height, landscaping and other similar dimensional and site design requirements based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms or Suites and the specific configuration ofanv facilities within these units. Ordhiat7ce No. 23- Page 42 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN_ across for REGULATIONS Minimums Maximums Z+tiNE Required Yards Required Required 7 USE REGULATIONS Review Lot Height of Parking Process Lot Size Front �Si Si Rear Coverage 'Structure Spaces 'each) SPECIAL b REGULATIONS AND NOTES rooms or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design and other design features of the proposed development. 6. The city may approve the limited commercial establishments listed in subsection (6)(c) ofthis section on the first floor, if all of the following criteria are satisfied: a. Locating limited commercial uses on the subject property is clearly reasonable considering the size of the subject property, the location of the subject property and access to the subject property. b. Any adverse impacts or undesirable effects of locating retail establishments on the subject property can be eliminated or significantly reduced through conditions imposed as part of the approval. c. The city may approve the following limited retail establishments under this section: (1) Grocery stores containing no more than 3,000 sq. ft.; (2) Phannacies; (3) Clothing cleaners; (4) Beauty and/or barber shops: (5) Banks, excluding drive-in facilities: (6) Travel agents:(7) Restaurants, including fast food restaurants: (8) Arts and craft supply stores: (9) Flower and gift shops. 7 Chapter 19.26FWRC contains regulations regarding accessory uses. Ordb?aixe No. 23- Page 43 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Maximums zoN� Required Yards Required Required [� 7 USE REGULATIONS Review Process Lot Size Front Side Side Rear Lot Coverage Height of Structure Parking S aces p SPECIAL b REGULATIONS AND NOTES buildings and structures. Accessory dwelling units are not permitted. 8. Chapter 19.270 FWRC contains regulations regarding home occupations. 9. Maximum lot coverage is as follows: a. In RS 35.0 = 50 percent. b. In RS 15.0 = 50 percent. c. In RS 9.6 = 60 percent. d. In RS 7.2 = 60 percent. e. In RS 5.0 = 60 percent. 10. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 11. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 12. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 13. For provisions that relate to the keeping of animals. see Chapter 19.260 FWRC. 14. For affordable housing requirements. see FWRC 1919 1 00 010. 15. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and 1 ay me le-c �,,,^'^,on open reereation-roo+ms: toeftep A terFae s.1} pas�-p off. a,e4ve4obb;es-.�+ms. De-niyhmen is of_5 or Ir {ver unit rC (,l'l1m !lids 1I5:lillc n�Cll Ordinance No. 23- Page 44 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use, THEN. across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Lot Height of Parking Process Lot Size c.,,,,f side Coverage Structure Spaces tRvar b :ess 1, 11, 111 and IV are described in pter 19.55 FWRC, pter 19.60 FWRC, pter 19.65 FWRC. pter 19.70 FWRC respectively. SPECIAL REGULATIONS AND NOTES space reciri gment. At least 50% of [lie usabit open �Epace Ilipsl be active t} 'n space. All eligible usable open space shall also meet the requirements specified in FWRC I9-115, I t 5. A fee -in -lieu option is available for up to 50 pereent-0/c of the usable open space as specified in FWRC I9.1 15.1 I S. 16. Any common open space requirements for senior housing or special needs housing may be reduced at the discretion of the director, ifan open space study documents that less common open space will be adequate to serve the needs ofthe residents. 17. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 9.130.1 0(2). 18. Minimum residential parking requirements subject to FWRC 19.130,020, For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. No. 23-949. § 4, 2-7723; Ord. No. 17-834. § 1 1, 5-16-17: Ord. No. 12-735, � 4(Exh. A), 12-4- 12; Ord. No. 01-399, § 3, 8-7-01; Ord. No. 99-333, § 3. 1-19-99; Ord. No. 97-291, § 3.4-1-97; Ord. Ordinmice No. 23- Page 45 of 125 No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(20.45), 2-27-90. Code 2001 § 22-640.) Section 15. FWRC 19.205.010 is hereby amended to read as follows: 19.205.010 Zero lot line townhouse and townhouse (attached) dwelling units. The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN; across for REGULATIONS Minimums Maximums ZONE Required Yards RNI Required Required USE REGULATIONS Review Lot Height (Parking Process Lot Size Lot Width Coverage f Spaces Front Side (each) Rear Siructurc SPECIAL n REGULATIONS AND tY NOTES Attached dwelling units Process 11 7,200 sq. 20 ft. for 20 ft. for 5 ft. for 5 ft. for No max. lot 35 ft, 2.0 per 1. The allowable for attached ft. for individual attached attached attached coverage is unit, see density is as follows: dwelling attached lots within a dwelling dwelling dwelling established. note 13 a, In RM 3.6 zones, Zero lot line townhouse units dwelling zero lot line units units units The 12 units per acre. dwelling units units with townhouse buildable See note 5 b. In RM 2.4 zones, Subdivision a density development 20 ft. or 10 ft— 5 5 ft. or 20 area will be for zero 18 units per acre. review for established 10 ft. for ft,. 0 ft. ft, for zero determined lot line c. 1n RM 1.8 zones, zero lot line on the zero lot for zero lot line by other site townhouse 24 units per acre. townhouse zoning line lot line townhouse development dwelling 2. Minimum site area dwelling map townhouse townhouse dwelling requirements units for zero lot line units dwelling y dwelling units townhouse See notes units units development shall be 1, 2 and 4 See note 4 7,200 sq. ft. See note 4 See note 4 3. Each building shall consist of a minimum of two units and a maximum of eight units in each grouping. 4. For zero lot line townhouse development, the following shall apply: a. The minimum lot size shall be at least 2,250 sq. ft. in the RM 3.6 zone and 1,500 sq. ft. in the RM 2.4 and RM 1.8 zones. b. Each dwelling unit must be located on its own lot of record c. Minimum front yard setback is 20 ft. when parking/garage is located in the front of the townhouse. Otherwise. minimum Ordinance No. 23- Page 46 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ..THEN. across for REGULATIONS Minimums Maximums ZONE RM Required Yards Required Required USE REGULATIONS Review Process Lot Size Lot Width Front 'Side (each) Rear Lot Coverage Ileighl f lruclum (Parking 'Spaces SPECIAL b REGULATIONS AND NOTES front yard setback is 10 ft. There are no required side yards between attached units. d. For a group of two to six attached units, the required side yard is five ft. e. For more than six attached units. the required side yard is 10 ft. f. Minimum rear yard setback is five ft., except that minimum rear yard setback is 20 ft. from the property line for garages that are accessed via an alley or drive aisle. 5. Two off-street parking spaces, including one garage, shall be provided for each zero lot line townhouse unit. 6. The subject property must contain at least 400 150 sq. ft. of usable open space per dwellins unit. At least 50%] of the usable Won Sf1:te£ must he a[:t_i VC Open spaee. Dc clo men Is 0f5 Ur IeweF units are L'\Cil]j_Jt Iron) tills ilsal}lc opL7 31 tiL7aL'>' rl'll 111 Ft!] lie ni U ahli ollcn s:J ce Th4s must include +neii+des a minimum ofNQ 75 sq. tt 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 fil lit FHl.}Lil li Hl� 11�-rrrn--.*+'i '.1 �Imcrrrr-invrr-cl...11 `kw a4fmg ll arw4- Ordinance No. 23- Page 47 of '123 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required 'Required 1 USE REGULATIONS Review Lot Ileight Parking Process Lot Size Lot Width Coverage r Spaces Front Side (each) Rear Siructurc SPECIAL b REGULATIONS AND NOTES akva}- Said Il�d�-be-itti q-4-!:E�7&FBtE-IF8[3t�3T{# 'vli..11 Lam....-...I;ied a !M.. Ep}17l i-41-open-gxlce At least 10% peFeel:Lt of the puW 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 trer�x�+r�pe it shall be developed with age - appropriate equipment. If the subject property contains four or more units, this required pub4e usable Opel) 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 p4rce*tN of this required open space must be in one or more pieces each having a length and width ofat least 40 It. 7. Chapter _L9.2G-� FWRC contains regulations regarding ]ionic occupations and other accessories, facilities and activities associated with this use. Accessor1' dwelling units are not permitted in either a townhouse or zero lot line tOW1111OLISC development. Ordinance No. 23- - - Page 48 of725 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Z0 Required Yards R ;] Required Required USE REGULATIONS Review Lot Height Parking Process Lot Size Lot Width Coverage of Spaces Front aide (each) Rear s1ructure SPECIAL t7 a tY REGULATIONS AND NOTES 3. Refer to Chapter 19_I25 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 10. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 11. For provisions that relate to the keeping of animals, see Chapter,-L2GO FWRC. 12. For affordable housing requirements, see FWRC 19 110.010. 13. Minimum residential parking requirements subject to FWRC 19.130.020. For other information L l'rcx Csti 1, II, III and IV are described in about parking and Chapter 19.55 FWRC, parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. 'hapter 19.65 FWRC, hapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. No. 23-949, § 20, 2-7-23; Ord. No. 07-554, 5(1 xh. A(4)), 5-15-U/. Code 2UU1 � 22-004.) Section 16. FWRC 19.205.040 is hereby amended to read as follows: 19.205.040 Multifamily dwelling units The following uses shall be permitted in the multifamily residential (RM) zone subject to the Ordinance No. 23- Page 49 of 125 regulations ,and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required I[lY USE REGULATIONS Review Lot I leiglt[ of Parking Spaei� Process Lot Size Front Sidi: Rear Coverage Structure (each) SPECIAL �j REGULATIONS AND NOTES Multifamily dwelling Process 11 7,200 sq. ft. with 20 ft. 5 ft. 5 ft. 60 In RM See notes 1. The minimum amount units (stacked dwelling a density as percent 3.6 and 13, 14 and of lot area per dwelling See notes 5 and 8 units) established on in RM 2A 15 unit is as follows: the zoning map 3.6 zone. zones, 30 a. In RM 3.6 zones, the 70 ft. above subject property must See note I percent average contain at least 3,600 sq. in RM building ft. of lot area per dwelling 2.4 zone elevation. unit. and 1.3 In RM b. In RM 2.4 zones, the zone 1.8 subject property must zones. 35 contain at least 2,400 sq. ft. above fL of lot area per dwelling average unit. building c. In RM 1.8 zones, the elevation subject property must contain at least 1,800 sq. See note ft. of lot area per dwelling 5 unit. 2. All buildings must be gabled with pitched roofs. 3. The subject property must contain at least 400 150 sq. ft. of usablenp t space per dwelling unit of Hsal�lc�-npe rr-space-ta::tti+l+j ifIF13i8:}t :1L�-1-FIlt6!'i�IPFGI +stay-Hwlu'd ..��o a nperr .liae� s-su��tras ��.renFittn-r�+t1}�ts: rnr-re»ac�s-kr le>bb�Ls_ amid oviun . ❑cvelopmcnts of 5 or fi«•er units dfr cxem Crom this usable ut>s n space Muirenagnt, At least 50% ol'thu usable op3m s aer JIUSL be IWIVL tapen space_ A minimum of 25 PeFee+rf% 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 Ordinance No. 23- Page 50 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required USE REGULATIONS Review Lot Height of Parking Process Lot Size Side Coverage Structure p uces Front (cacti) ear SPECIAL �j REGULATIONS AND NOTES minimum of48 square feet and has a minimum dimension of six feet. At least 10 peiveFAY6 of" the required cormm�n open space must be developed and maintained with children's play equipnient.Ifthe 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 p@FM.a% of this required open space must be in one or more pieces each having a length and width of at least 40 ft. 4. If located along an arterial or collector and is visible from the right-of- way, up to 50 percent of the total length of the ground floor facade of all buildings facing a right- of-way may be developed with commercial uses allowed by office/retail use zone chart. FWRC 19.215.010, or entertainment use zone chart. FWRC The commercial ground floor uses may occupy up to a maximum depth of 15 ft. and a minimum interior height of 13 ft. of commercial space for any single tenant_ 5. if any portion of a structure on the subject property is within 100 ft. of a single-family residential zone. then that portion of the structure shall not exceed 30 ft. above average building Ordinance No. 23- Page -5J of`723 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums zii�N E Required Yardst►n Required Required lei USE REGULATIONS Review Lot 1 leieht of Parking Process Lot Size Front Side Rear Coverage Strucnire SPaces (each) SPECIAL b REGULATIONS AND NOTES elevation and the structure shall be set back a minimum of20 ft. from the property line of the residential zone. 6. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings, and structures. Accessory dwelling units are not permitted. 7. Chapter 19_270 FWRC contains regulations regarding home occupations. 8. Refer to Chapter _19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 9. For sign requirements that apply to the project, see Chapter 119.140 FWRC. 10. For community design guidelines that apply to the project, see Chapter 19.1115 FWRC. 11. For provisions that relate to the keeping of animals, see Chapter 11).161) FWRC. 12. For affordable housing requirements. see FWRC I•().110.tl10. 13. Parking spaces shall be provided as follows: Efficiency dwelling units — LO per unit Studio dwelling units — 1.25 per unit One bedroom dwelling units — 1.5 per unit Dwelling units with two bedrooms or more — 2.0 per uniL 14. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19, 1%0.98-0 2). 15. Minimum residential Ordinance No. 23- Page 52 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required (Required USE REGULATIONS Review Parking Lot Height of Process Lot Size Side Spaces Coverage Structure Front 'each) (Rear SPECIAL b REGULATIONS AND NOTES parking requirements subject to FWRC 19.130.020. icess 1, 11, Ill and IV are described in apter 19.55 FWRC, apter 19.60 FWRC, apter 19.65 FWRC, apter 19.70 FWRC respectively. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. No. 23-949, § 21, 2-7-23; Ord. No. 17-834, § 12, 5-16-17; Ord. No. 07-554, § 5(Exh. A(7)), 5-15-07; Ord. No. 07-545, § 3(Exh. A), 1-2-07; Ord. No. 02-424; § 3, 9-17-02; Ord. No. 01-385, § 3, 4-3-01; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 93- 170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(25.15), 2-27-90. Code 2001 § 22-667.) Section 17. FWRC 19.205.050 is hereby amended to read as follows: 19.205.050 Manufactured home parks. The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST. read down to find use .. THEN. across for REGULATIONS Minimums Maximums Required Rt Review Required Yards Lot I Icight 01. Pa Process Lot Size G USE REGULATIONS (Front Side Rear Coverage Structure Ordinance No. 23- Page 53 oJ'123 (;each) ZONE b RM SPECIAL REGULATIONS AND NOTES Manufactured home Process 111 3 acres with 20 ft. 20 ft 20 ft. 60% In RM 2 per 1. This use may be parks at least 5,000 3.6 and manufactured permitted only if it meets sq. ft. per 2.4 home the following criteria: manufactured zones_ 30 a. The proposed home It. above development will be average compatible with building surrounding uses. elevation. b. The proposed site In RM plan demonstrates sensitive 1 8 and thoughtful layout of zones, 35 the manufactured home ft. above park considering the size average and configuration of the building subject property, the elevation topography and natural feature of the subject See note property and the nature of 6 the surrounding area. c. The proposed site plan avoids repetitive siting of the manufactured homes and encourages privacy for the residents of the manufactured homes. d. The streets providing access to the subject property are adequate to support the movement of manufactured homes to and from the subject property. 2. There be at least a 15 ft. separation between manufactured homes on the subject property. 3. The subject property must contain at least 400 150 sq. It nl'usable open space per dwelling unit of ��3FtiHt9FF-Fdd4ti'ti FiFYHai-Pr�k`F? 1 =ij' spiteYiisable F- ilia aetiv .,«. At least 50% of 11te usable open space M-M bg aaeIiye open 51nce. At least ]0%oftheisrequired utntntan us3hlc open space must be developed and maintained with children's play equipmentc-%cepi Cor housine for the exclusive use of persons over 55 vc:} s or age, i n wh ich case it shall he developed whiz ;tLe- approorjatc cc ui pmerft. If the subject property contains tour or more Ordinance No. 23- Page 54 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. , , THEN, across for REGULATIONS Minimums Maximums Z+3N E Required Yards �y Required Required USE REGULATIONS Review Lot Height of Parking Process Lot Size Front Side Rear Coverage Coverage 'Structure paces p each) (each) b REGULATIONS AND NOTES 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, ifthe 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. 4. No facade of any structure may exceed 120 ft. in length. In addition, any facade of a structure that exceeds 50 ft. in length must be modulated as follows: a. The minimum depth of the modulation is three ft. b. The minimum width of the modulation is four ft. C.The maximum width ofthe modulation is 35 ft. 5. Each manufactured home must be placed on a permanent foundation or otherwise securely anchored and stabilized. Unless on a foundation, the base of each manufactured home must be surrounded by a skirt. In addition, the exterior appearances of the manufactured homes shall be compatible with the character of existing dwelling units in the arcs. 6 If any portion of a structure on the Subject property is located less than 100 ft- from an adjacent low density zone, then either: a. The height ofthat portion of the structure shall not exceed 15 ft. above average building elevation. or Ordinance No. 23- Page 55 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS Minimums Required Yards Required USE REGULATIONS Review Process I Lot Size Maximums Lot Height of Coverage Structure (each) �w- SPECIAL b REGULATIONS AND NOTES b. The facade of that portion of the structure parallel to the low density zone shall not exceed 50 ft. in length. 7. Chapter 19.265 FWRC contains regulations regarding home occupations and other accessories, facilities and activities associated with this use. 8. Refer to Chapter 1'� FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 9. For sign requirements that apply to the project, see Chapter_1.9.140 FWRC. 10. For community design suidelines that apply to the project, see Chapter 19.1_15 FWRC, 11. For provisions that relate to the keeping of animals. see Chapter 19 260 FWRC. -ocess 1. 11, 111 and IV are described in hapter 19.55 FWRC, hapter 19.60 FWRC, hapter 19.65 FWRC. hapter 19.70 FWRC respectively. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. No. 02-424, § 3, 9-17-02-1 Ord. No. 01-385, § 3, 4-3-01-1 Ord. No. 99-333, § 3, 1-19-99; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 93-170, § 7(EYh. B), 4-20-93; Ord. No. 90-43, § 2(25.20), 2-27-90. Code 2001 § 22-668.) Ordinance No. 23- Page 56 of 125 Section 18. FWRC 19.205.070 is hereby amended to read as follows: 19.205.070 Senior citizen or special needs housing The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Requiredt USE REGULATIONS Review Parking Process Lot Size Lot Height of Spaces Front Side (each) (Rear Coverage Structure SPECIAL b REGULATIONS AND NOTES Senior citizen housing or Process Il 7,200 sq. 20 ft. 5 ft. 5 ft. 60 percent In RM 3.6 and Senior 1. All buildings must be special needs housing ft. 2.4 zones, 30 citizen gabled with pitched See notes 2, 4 and 7 (stacked dwelling units) See note 2 ft. above housing: 1 roofs. See note average for each unit 2. The city will determine 2 building the number of dwelling elevation. Special units or occupancy rooms In RM I.3 needs or suites in the proposed zones, 35 ft. housing: 0.5 development and may above average for each unit permit or require building modification of the elevation See notes 14 required yard, lot and 15 coverage, height, See notes 2 landscaping, and other and 4 similar dimensional and site design requirements based on the following criteria: a. The specific nature of the occupancy and the persons that will be housed in the proposed development. b. The size of the dwelling units or occupancy rooms, or suites and the specific configuration of and facilities within these units. rooms or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture. site design and other design features of the proposed development. 3. The city may approve the limited commercial establishments listed in Ordinance No. 23- Page 57 of'125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use - .. THEN, across for REGULATIONS Minimums Maximums - ZQ�� Required Yards Required Required USE REGULATIONS Review Lot Height of Parking 'paces Process Lot Size Front Side (each) 3r Coverage Slructum SPECIAL b REGULATIONS AND NOTES subsection (3)(c) ofthis section, ifall ofthe following criteria are satisfied: a. Locating limited commercial uses on the subject property is clearly reasonable considering the site ofthe subject property, the location of the subject property and access to the subject property. b. Any adverse impacts or undesirable effects of locating retail establishments on the subject property can be eliminated or significantly reduced through conditions imposed as part of the approval. c. The city may approve the following limited retail establishments under this section: (I) Grocery stores containing no more than 3,000 sq. It. (2) Pharmacies. (3) Clothing cleaners. (4) Beauty and/or barber shops. (5) Banks, excluding drive-in facilities. (6) Travel agents. (7) Restaurants, including fast food restaurants. (8) Arts and craft supply stores- (9) Flower and gilt shops. 4. If any portion of a Structure on the subject property is within 100 ft. of a single-family residential zone. then that portion of the structure shall not exceed 30 ft. Ordinance No. 23- Page 58 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards USE REGULATIONS Required Review Process Lot Size Lot Coverage Height of Structure Required Parking pares 1V� SPECIAL 1=rnnt isle (each) Rear U REGULATIONS AND NOTES above average building elevation and the structure shall be set back a minimum of 20 ft. from the property line of the residential zone. 5. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 6. Chapter 19.270 FWRC contains regulations regarding home occupations. 7. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for Appropriate requirements. 8. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 9. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 10. For provisions that relate to the keeping of animals. see Chapter _f 1.26q FWRC. 11. For affordable housing requirements, see FWRC 19.1 1_0 010. 12. The subject property must provide usable open space in a total amount equal to at least 100 sq. Il. per dwelling unit and fntl�f nE'-INdL'-i'S-H3?i1S(iA i] pF. F]-::{lAEi'S-SliE�ati Il}IMliti-�TIH}` rr9klnd� Itevva+wwrf wi,-F*] illj} lcyF i--p-pa4 ie--- p6o157 aeTive iebbies: a+id atF}})Fl}ti. DCVL'lo 1 e lts ol'i ur l��cr uFiits.,lrc w-Nralpt Fram tlS- 11sliilc n n , acL rcc uirentL�u= At least 50"/0 of the Ordinance No. 23- Page 59 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use _ _ _ THEN, across for REGULATIONS Minimums I Maximums Required USE REGULATIONS Review Process I Lot Size b :ess 1. IL III and IV are described in pter 19.55 FWRC, pter 19.60 FWRC, pter 19.65 FWRC, pter 19 70 FWRC respectively. Required Yards Lot Height of Side (each) Rear Coverage Structure ZONE sired RNI ing SPECIAL REGULATIONS AND NOTES usable apcn space must he 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 ye-e*5a of the usable open space as specified in FWRC 19.1 15.1 15. 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. 14. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19. a0.080(2). 15. Minimum residential parking requirements subjcctto FWRC 19.130.020. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.1 ] 0.050 et seq. For details regarding required yards. see FWRC 19.125.160 et seq. (Ord. No. 23-949, § 22, 2-7-23; Ord. No. 17-834, § 13, 5-16-17, Ord. No. 12-735, § 4(1 xh. A), 12-4-12; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 01-385, § 3, 4-3-01; Ord. No. 99-333, § 3, 1- Ordinance No. 23- Page 60 of 125 19-99; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 94-223, § 3(D), 10-18-94; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(25.25), 2-27-90. Code 2001 § 22-669.) Section 19. FWRC 19.205.080 is hereby amended to read as follows: 19.205.080 Permanent supportive housing and transitional housing The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards [91 Required Required USE REGULATIONS Review Lot Height of Parking Process Lot Size Side Coverage Structure Spaces Front(each)Rear SPECIAL b REGULATIONS AND NOTES Permanent supportive Process 111 7,200 sq. ft. 20 ft. 5 ft. 5 ft. 60% In RM See notes 10. L Any proposed housing and transitional 3.6 and I 1 and 14 permanent supportive housing See note 2 2.4 housing or transitional zones, 30 housing facility with more ft. above than two units, or which average brings the total number of building penmanent supportive elevation. housing or transitional In RM housing units on the 1.8 property to more than three zones. 35 units. must be distanced at t, above least one and one-third average miles (7.040 ft.) from any building property with more than elevation three units of permanent supportive housing and/or transitional housing, as measured from the nearest Points of each such property. 2. There shall be no more than 50 residences located within a single facility or complex: and the minimum amount of lot area per dwelling is as follows: a. In RM 3.6 zones. the suhjecl property must contain at least 3.600 sq. fl of lol area per dwelling. b. In IZM 2.4 zones. the subject property must contain at least 2.400 sq. Ordh7ai7ee No. 23- Page 61 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZiIN E Required Yards Required (Required 1'ri 1� i USE REGULATIONS Review Lot Height of Parking Process Lot Size Front Side Side(Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES ft, of lot area per dwelling. c. In RM 1.8 zones, the subject property must contain at least 1,800 sq. ft. of lot area per dwelling. 3. The property is situated proximate to, and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The housing will be operated under the authority of a reputable governing board, social service. or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary. to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board. or official, which must address. at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns_ and (c) who is the point ofcontact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter N 1'S FWRC. Outdoors. Yards. and Landscaping. for appropriate requirements. 7. For sign requirements Ordinance No. 23- Page 62 gf"125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Maximums Zi7NE Required Yards Required (Required USE REGULATIONS n tY b Review Process Lot Size Front Side (each) ear Lot Coverage (Height of Structure (Parking 'Spaces SPECIAL REGULATIONS AND NOTES that apply to the project, see Chapter 19_l40 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. The subject property must contain at least 490 150 sq. ft..of usable open space per dwelling unit of lf9c+�le ttpu�18 wgesvand ntr+y in�k3de e4x t0*-open Sf i,1EY�tiH7r}3-85'r13IR�Arr. �erexHtlrr-raanss�o�Gtafs ter�.•tet�-['—p�nteltes� peale� aNti.,..., Uevelo ments of 5 or ti,.kcr units are csent21 from this usabEc own Nmice requiremci_i. At least SMii 11 I c usable one; 5_pacC mlisI be Cie open space. A minimum of25% 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. ifsuch private open space is a minimum of48 sq. ft. and has a minimum dimension ofsix ft. At least 10% of theis required cornnY[1 open space must be developed and maintained with children's play equipment, exce 1t for honSnl@ for the excln-�ive use oflx_rsons over 55 vears of use. in which case it shall be Jevel J d ��iilt ate" limrnJWmic enitirnnent_ if the subject property contains lour or more units. theis required usable open space must be in one or more pieces each having Ordinance No. 23- Page 63 of 125 Ordinance No. 23- Page 64 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Z(lN E Required Yards Required Required USE REGULATIONS Review Lot Height of Parking Process Lot Size :Side Front ttc'tr Coverage :Structure Spaces ,(each) SPECIAL �j REGULATIONS AND NOTES i. Roles and responsibilities of key staff: ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.19 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior: and the on -site use and sale of illegal drugs: v. Access to human and social services. including a staffing plan and expected outcome measures: vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness. and/or certifications or academic credentials in an applicable human service field. and/or applicable experience in a related program with people experiencing homelessness. e For health and safeq= reasons. the sponsor and/or managing agency shall take all reasonable and legal slcps to obtain verifiable identification information. including full name and date of birth. from current and prospective residents. and shall keep a log containing this Ordinance No. 23- Page 65 qr 125 USE ZONE CHART DIRECTIONS: FIRST. read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required USE REGULATIONS Review Lot Height of (Parking ,p Process Lot Size ;Front Side Rear Coverage Structure aces ,each) SPECIAL b REGULATIONS AND NOTES information. f Should the provider become aware of a current or prospective resident who has an active felony warrant. it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 13. All facilities are required to be licensed pursuant to the provisions ofChaptcr 11.35 FWRC. 14. Minimum residential parking requirements suhlect to FWRC 19.130.020. For other information icess I, 11, III and IV are described in about parking and parking apter 19.55 FWRC, areas. see Chapter 19.130 apter 19.60 FWRC, FWRC. apter 19.65 FWRC, apter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. No. 23-949, § 23, 2-7-23; Ord. No. 22-929, § 5, 1-18-22; Ord. No. 21-921. § 7, l 0-19-21; Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 02-423, § 3, 9-17-02; Ord. No. 01-385, § 3, 4-3- 01; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 94-223. § 3(E), 10-18- 94. Code 2001 § 22-669.5.) Section 20. FWRC 19.215.050 is hereby amended to read as follows: 19.215.050 Multifamily dwelling units The following uses shall be permitted in the neighborhood business (BN) zone subject to the Ordinance No. 23- Page 66 of 125 regulations and notes set forth in this section, USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN; across for REGULATIONS Minimums BONE Required Yards �N Required Required USE REGULATIONS Review Parking Process Lot Size Spaces Front Side (each) (Rear SPECIAL �J Height of REGULATIONS AND Structure NOTES Multifamily dwelling Process II None Same as these regulations for Same these See notes 15 1. All buildings must be units (stacked dwelling ground floor use. regulations for — 18 gabled with pitched roofs. units) ground floor use 2 This use may be located on the .-round See notes 4, 5 and ] 0 See note 5 floor of the structure if the ground floor contains one or more of the commercial uses allowed by office/retail use zone chart, FWRC _1-9_.215_010, or entertainment use zone chart_ FWRC 19 215.020. 3. The commercial ground floor uses must occupy at least 50 percent of the total length of the ground floor facade of all buildings facing a right- of-way The commercial .-,round floor uses must also occupy a minimum depth of 15 ft. and a mininuull interior height of 13 ft. of commercial space for any single tenant. 4 The subject property 111LISt contain at least 2.400 sq. 1t. of lot area per dwelling unit or one acre for every 18 dwelling units. 5 1 f any portion of a structure on the subject property is within 100 ft. ol'a single- lankly residential zone. then that portion of the s.tructtlre shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of 20 ft. from the property line of the residential zone. 6 No maximum lot coverage is established. Instead. the buildable area ill he determined by Ordinance No. 23- Page 67 of '125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums 20NE Required Yards �N Required Required USE REGULATIONS Review Parking Process Lot Size Spaces (Front Side (each) (Rear SPECIAL b Height of REGULATIONS AND Structure NOTES other site development requirements, e.g., required buffers, parking lot landscaping, surface water facilities, among others. 7. Chapter 19.7.65 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 8. Chapter 19.270 FWRC contains regulations regarding home occupations. 9. For community design guidelines that apply to the project, see Chapter 19.1_1 FWRC. 10. Refer to Chapter 19 1_15 FWRC, Outdoors. Yards. and Landscaping, for appropriate requirements. 11. For sign requirements that apply to the project, see Chapter 19j.40 FWRC. 12. For provisions that relate to the keeping of animals. see Chapter 19:?+u FWRC. 13. For affordable housing requirements, see FWRC 19 110,010. 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 43 eliAt-Ctlt mfml-spehl apace -such as R}k}I}7'�-IT}Hf(}ti; t'ik71t[1j3 10131.,c c.,,,eS. ati-4.113S_ OF 011ie appropriate. Dd1•0[11}m4n1S lit 5 11 re%un tustt� arc ]nim this usah[c it w } Oi-dinance No. 23- Page 68 of 125 USE ZONE CHART DIRECTIONS: FIRST. read down to find use ... THEN, across for REGULATIONS Minimums ZONE �N Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces (Front Side (each) (Rear SPECIAL �J Height of REGULATIONS AND Structure NOTES S aCL• C I11rL'171L'nE. A] least 50% of the usable one space n7ust be active uuen snitce. A minimrim of 25 W.-emof 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 of48 square feet and has a minimum dimension ofsix feet. At least 10" o oi'lhe rCLlt]I nd COF11111011 a} C n S Ta6B Inii51 be deveh7Pcd Unr] maintained with children's l�r erLr111mlen[_lfllle subject pronerly eonlains_I= nr more units this rtV Uira:al ()Pell spnec must be in one lir 1110N nieces each havin e a k nieth and w id th of at least 25 ft. In addition, i0ll Kultlmci �miWrn conlams'_0 or more units. at least 50% 0 This INN (red nPcn s ripce mutit hr iu oar or more nieces ea,;+ hm-in.-, a length apd 10dtlt r rat least 40 ft. 15 Parking spaces shall be provided as follows: Elrciency dwelling units — 1 0 per unit One bedroom dwelling ` Units — L5 per unit Studio d%%elling units — 1.25 per unit D%%Clline units with mo bedrooms or more — 2.0 per unit. 16. Dwelling unit parking stalls are in addition to required parking for all nonresidential ground Ordinance No. 23- Page 69 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required USE REGULATIONS Review Process I Lot Size ide (each) 14 b 1, 11, 111 and 1V are described in 19.55 FWRC. 19.60 FWRC. 19.65 FWRC. 19.70 FWRC respectively. Height of Structure SPECIAL REGULATIONS AND NOTES 11001' uses. 17. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC _19.1.30_0817(2), 18. Minimum residential parking requirements subject to FWRC 19 130.020. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.1 10.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. No. 23-949, § 24, 2-7-23; Ord. No. 17-834, § 14, 5-16-17; Ord. No. US-SU6, § j, 1 U-I6-VD; Ord. No. 03-450, § 3, 9-16-03; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 00-375, § 17, 10-3-00; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 96-270, § 5, 7-2-96; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(40.50), 2-27-90. Code 2001 § 22-725.) Section 21. FWRC 19.215.070 is hereby amended to read as follows: 19.215.070 Permanent supportive housing and transitional housing The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: USE ZONE CHART REGULATIONS DIRECTIONS: FIRST. read down to find use ... THEN. across for REGULATIONS Ordinance No. 23- Page 70 of 125 Minimums Maximums Required Yards Required Required USE Review Lot Height of 'Spaces Larking Process Lot Size Front tear Coverage Structure (each) (each) SPECIAL REGULATIONS AND b NOTES Permanent supportive Process III See note 2 20 ft 5 ft. 5 ft. None See note See notes 10, I. Any proposed housing and transitional 8 11 and 14 permanent Supportive housing housing or transitional housing facility with more than two units, or which brings the total number of permanent supportive housing or transitional housing units on the property to more than three units_. must be distanced at least one and one-third miles (7,040 11.) from any property with more than three units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 50 residences located within a single facility or complex: and the subject property must Contain at least 2.400 sq ft. of lot area per dwelling or one acre for even 18 units. 3 The property is situated proximate to. and has convenient access to. public transportation. shopping. health care providers_ and other services and facilities frequently utilized by the residents of the property. 4. The housing will be operated under the authority of a reputable governing board_ social service. or government agency. or proprietor. to whom staffare responsible and who will be available to City official$. it necessary. to resolve concerns pertaining to the property or residents. �. The housing \gill operate undei a written comnminit\ engagement plan. approved b\ the eovcrnine aeenc\. board. or official. N\hich must address. at a Ordinance No. 23- Page 71 of 125 USE ZONE CHART DIRECTIONS: FIRST,_ read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE �N Required Yards Required Required USE REGULATIONS Review Lot Height of Parking Process Lot Size Front Si de 'Rear Coverage 'Structure spaces (each) SPECIAL b REGULATIONS AND NOTES minimum: (a) how the facility will engage with the community: (b) how the facility will.respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. For sign requirements that apply to the project, see Chapter 19.140 F W RC. 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. S. Wary portion of the structure is within 100 ft. of a single-family residential zone. then that portion ofthe structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of 20 ft. from the property line of the residential zone. 9 The SLI jest property must provide usable open space in a total amount equal to at least 150 sq. ft. per dwelling unit amid may Ipefia, 5 pi}•:C'.:llLi}•-�S-pli1-1`` ril{IfT(I& rccrc�icHTF7-F[11N1i5:-�i{�ir�.s'1'-�, Fk3{7}j{-itl--ttL4'YpEH�I'i_ I{!:{ I!'e;-j1LI.11 k2'i;-3{tFHt n3�f3F ,1 :. Other aFeaS the 4ci4ily- )pfllp r+ijw. 1)Ly(!1L1p11lVtll, t I I- ;; of I C%/er ni111� :ire exe ill ill Rum 111is rlYahll: otic I $ Ce mall ll'C' ]ll'llt .Ij Ik,'a.1t ill'4n nt I I I C Il4abll 17Li 3(ISHC It1nS1 �]i ilL'II/� it Cn Ordinance No. 23- Page 72 of 125 USE ZONE CHART DIRECTIONS: FIRST. read down to find use— . THEN, across for REGULATIONS Minimums Maximums Z+tiNE Required Yards Required Required N USE REGULATIONS Review Process Lot Size Front 'fide (each) Rear Lot Coverage iHeight of Structure Parking Spaces SPECIAL REGULATIONS AND NOTES space. A minimum of25% 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 of48 sq. ft. and has a minimum dimension ofsix ft, At least 10% of the reilnired common apcn ,pier must be developed and maintained with childmn's plat- eduipmeut. except i'nr housjna t'or the ex C1 1 IsiV4' t6 * ki r PCrso11s over 55 wars of aee. In which case it shall be developed with nee- appmpripic_equipm nt_ If the suh4tm property contains four or more units. Ibis rLcluired Oxtl space must be in one or mme piece N, (me111tavmg a leneth and width of at least 25 ft. In addition. ifthe r1]nCrtY CS]Il W115 20 or more units. at least MI -g of taus required (]pelf space muss be in one trr nnpre tgicccs eachh huvina a leneth and nvidth ol'at least 40 ft. 10 Parking spaces shall be provided as lbllows: Efficiency units - 1 0 Per unit + one per two employees Studio units - 1.25 per unit + one per Into em plovees One bedroom units - 1 5 per unit + one per two employees Units t\ith two bedrooms or more - 2 0 Per unit + one per M o employees Ordnance No. 23- Page 73 of 125 USE ZONE CHART DIRECTIONS: FIRST. read down to find use. THEN, across for REGULATIONS Minimums Maximums 124i1jE �N Required Yards Required (Required USE REGULATIONS Review Lot (Height of (Parking Process Lot Size Front Side Rear Coverage Structure , paces (each) SPECIAL n tY b REGULATIONS AND NOTES 11. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19,1_0.1180(2). 12. The housing will operate under a written operational plan that will include. at a minimum_ the followine: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site. without prior referral, is not allowed, b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management. including a security and emergency plan; iii. Site/lacilir". maintenance: iv. Occupame) policies. consistent with Chapter .y., I S RCW. including resident responsibilities and a code of conduct that includes. at a minimum. a prohibition on threa1cnin2 and unsafe behavior: and the on -site use and sale of illcual drugs: v. Access to hunnan and social services. includine a Staffing plan and expected outcome mcasures: Ordinance No. 23-. Page 74 of ' 123 USE ZONE CHART DIRECTIONS: FIRST, read down to find use THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required JN USE REGULATIONS Review Lot Height of Parking Process Lot Size Front Side Rear Coverage ;Structure 'Spaces 'each) SPECIAL t� REGULATIONS AND NOTES vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information. including full name and date of birth. from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant. it shall rollow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities 13. All facilities are required to be licensed pursuant to the provisions of Chapter I_.__ FWRC. 14. Minimum residential parking requirements subject to FWRC 19.1 0,020 For other information L ProccNs 11 IL Ill and IV are described in about parking and parking hapter 19.55 FWRC. areas. see Chapter 19.130 haptar 19.60 FWRC. FWRC. Ordinance No. 23- Page 75 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use., . THEN, across for REGULATIONS Minimums I Maximums Required Yards Required USE REGULATIONS Review Lot Process Lot Size Side Coverage FlomSideRear b hapter 19.65 FWRC: Chapter 19.70 FWRC respectively. of cars the SPECIAL REGULATIONS AND NOTES I For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards; see FWRC 19.125.160 et seq. (Ord. No. 23-949, § 25, 2-7-23; Ord. No. 22-929, § 6, 1-18-22; Ord. No. 21-921, § 9, 10-19-21; Orcl. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 96-270, § 5, 7-2-96; Ord. No. 94-223, § 3(G), 10-18-94. Code 2001 § 22-727.) Section 22. FWRC 19.215.150 is hereby amended to read as follows: 19.215.150 Senior citizen or special needs housing The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST. read down to find use ... THEN, across for REGULATIONS Minimums ZONE Required Yards �N Required (Required USE REGULATIONS Review (Parking Process Lot Size Spaces F Side (each) (Rear SPECIAL b Height of REGULATIONS AND Structure NOTES Senior citizen or special Process II None Senior housing or special needs 35 ft. Senior I All huildin2-s nuut he needs housing (stacked or. x%ith housine: same as these requirements citizen gabled with pitched rools. dNNelling units) SL-PA_ for around floor use See note 3 housing: 1 2. Commercial uses Process 111 for each unit allowed in this zone may Stand-alone senior citizen or special be permitted on the needs housing: Special ground floor of slacked 20 ft. ft. 5 fl, needs senior citizen or special housing: 0.5 needs housing NN it], a ror each unit minimum Iloor-to-ceiIine See notes 3 and 9 height of 13 fl Ordinance: No. 23- Page 76 gf725 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards �N Required Required USE REGULATIONS Review Parking Process Lot Size (Front Side (each) (Rear Spaces SPECIAL b Height of REGULATIONS AND Structure See notes 14 NOTES 3. If any portion of a and 15 structure on the subject property is within 100 ft. of a single-family residential zone. then that portion ofthe structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimum of20 ftfrom the property line ofthe residential zone. 4. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and ma) it�ltidE tnrNrr�crN-Erpr}s FL'� rea+inn-�tx�tHs--F[ xf Vi[ill te�rae+s�-p-Fxi+eltr::�er��4w �. DeyelPtlments 01' 5 or fewer units are excntlH ft'onl this "Sall c ooien spacers: Au emem. Al Icasl open space ows! N tctiv,: ctrxut space. All eligible usable open space shall also meet the requirements specified in FWRC 19.1 1 5 11 5. A fee -in -lieu payment may be utilized For up to 50 perticYt . of the usable open space as specified in FWRC 191I�; 115. 5. Any common open space requirements for senior housing or special needs housing may be reduced at the discretion ofthe director, if an open space study documents that less common open space will be adequate to serve the needs ofthe residents. 6. No maximum 101 coverage is established Ordinance No. 23- Page 77 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Z�IN E Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces Front Side (each) Rear SPECIAL �J Height of REGULATIONS AND Structure NOTES Instead, the buildable area will be determined by other site development requirements; e.g., required buffers, parking lot landscaping; surface water facilities, among others. 7. For community design guidelines that apply to the project, see Chapter 19,115 FWRC. 8. Refer to Chapter 1.9.125 FWRC, Outdoors. Yards. and Landscaping, for appropriate requirements. 9. For sign requirements that apply to the project. see Chapter 9 14[1 FWRC. 10. For provisions that relate to the keeping of animals, see Chapter 19_260 FWRC. 11. Chapter 19.265 FWRC contains regulations regarding accessory uses. buildings and structures. Accessory dwelling units are not permitted. 12. Chapter 1.9.27.0 FWRC contains regulations regarding home occupations. 13. For affordable housing requirements. see FWRC 19.1.10.010. 14. Alternatively_ an applicant may choose to submit a parking study in accordance with FWRC 19„1 0080(2). 15. Minimum residential parking requirements subject to FWRC N 1,0.020 Ordinance No. 23- Page 78 of 125 USE ZONE CHART DIRECTIONS: FIRST. read down to find use _ .. THEN, across for REGULATIONS Minimums Required Yards Required USE REGULATIONS Review Process I Lot Size .equired ZONE BN arking paecs Front Side (each) Rear SPECIAL b Height of REGULATIONS AND Structure NOTES Process 1. 11. 1]] and IV are described in For other information Chapter 19.55 FWRC, .about parking and parking Chapter 19.60 FWRC, areas, see Chapter 19 130 hapter 19.65 FWRC: FWRC. Chapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19,110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. No. 23-949, § 26, 2-7-23; Ord. No. 17-834, § 15, 5-16-17.) Section 23. FWRC 19.220.050 is hereby amended to read as follows: 19.220.050 Multifamily dwelling units The following uses shall be permitted in the community business (13Q zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST. read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces Front Side (each) Rear SPECIAL EJ Height of REGULATIONS AND Structure NOTES Multifamily dN%cllinL Process 11 None Same as these regulations for 65 It. above average See notes 4 L All nonresidential units (stacked dwelling or. with ground floor use except 20 ft. building elevation — 7 and 17 ground floor spaces must units) SEPA. abutting single-family residential (ABE) have a minimum floor -to - Process III zones A1Tordable ceiling height of 13 ft, dwelling and a minimum depth of See notes 2 and 13 See note 2 units: 0 15 ft. for cacti 2 Building heighl nia\ unit not exceed 30 ft. above average building elevation for the portion of the building located ,N ithin 100 It. Rom a sinJe- Ordinance No. 23- Page 79 of'125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZDN� Required Yards Required (Required USE REGULATIONS Review (Parking Process Lot Size Spaces (Front Side (each) Rear SPECIAL b Height of REGULATIONS AND Structure NOTES family residential zone. 3. Multi -unit housing and accessory living facilities may be located on the ground floor of buildings on the subject property only if ground floor space that spans at least 40 percent of the total length of the buildings adjacent to the primary vehicular access, as determined by the director, is occupied with one or more other permitted use(s) that is open to the public. Parking in conjunction with other uses allowed in this zone may also be located on the ground floor of the structure if non -visible from the right-of-way or public areas. 4. For 100 dwelling units or more on a subject property, 25 percent of parking shall be underground or on the first floor within the building footprint, except for visitor parking; which can be surface parking 5. Parking spaces shall be provided as follows: Efficiency dwelling units — 1.0 per unit Studio dwelling units — 1.25 per unit One bedroom dwelling units — 1.5 per unit Dwelling units with two bedrooms or more — 2.0 per unit. 6. Dwelling unit parking stalls are in addition to required parking for all nonresidential ground floor uses. 7. Alternatively, applicant may choose to submit a parking study in Ordinance No. 23- Page 80 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums nONRequired Yards Required Required USE REGULATIONS Review IParking Process Lot Size "paces (Front Side (each) Rear SPECIAL b Height of REGULATIONS AND Structure NOTES accordance with FWRC 151.110,080(2). 8. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 9. Chapter 14.27(t FWRC contains regulations regarding home occupations. 10. The subject property must provide usable open space in a total amount equal to at least 4-50 100 sq. ft. per dwelling unit: a"4 ine'y lfrchH ivauw '.if3a8 e.'i well as o0quilan wem reereakis-r>a-Ktif»#�--plars� Fl3f}itQIF-ECI�f ik3l'5�Hr715; acFiav�-�oC;#bieti-c:t+aurH�-flr o4w-r-area,,he difeeit deem" opr4ote. Deych)pmcnls nl'a or firmer uuitS are C\t: l i Irnln 111N waibte oper1 ijYiCC r1:.4L}II'CI71L'[1I. least 50% of the usable vp} n sp171:e Iyust be activ open space; A minimum of 25 peFee+}t%o 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 of48 square feet and has a minimum dimension ofsix feel. At le3sl } Ilu n ill' 111c ril LlirtS L: L1111Itjo 11 [)pq �:)acC Iii as be derclnncd :111d maintained with ell iIdren's 171a, Ordinance No. 23- Page 81 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS Minimums ZONERequired Yards �� Required Required USE REGULATIONS Review Parking Process Lot Size Spaces Front Side (each) IR ear SPECIAL b Height of REGULATIONS AND Structure NOTES eau iotitenl. If the subiL prowrl4 con tnjn5 tour or morc units_ this required open spree mttst bs_in one or more nieces each haviue a length utd width ❑Pat Icasl 35 1). In addition. if the sub'ce 12runaty co trains 20 or more Lin ils. al icas, t 50°a of this rcg u J n:d open lace must be in one Dr ntnre Pieces each having a lenatlt and width of at least 40 ft. 11. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, e.g.. required buffers. parking lot landscaping. surface water facilities, among others. 12. For community design guidelines that apply to the project, see Chapter] 9.11 j FWRC 13. Refer to Chapter 19.12 FWRC. Outdoors. Yards. and Landscaping, for appropriate requirements 14. For sign requirements that apply to the project. see Chapter 1910 FWRC. 15. For affordable housing requirements. see FWRC 19 110.010. 16. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 17. Minimum residential parking requirements subject to FWRC 19.1 30.0?[1. Ordiiwixe No. 23- Page 82 of 12J USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Required Yards Required USE REGULATIONS Review Process I Lot Size 14 b 1, 11, III and IV are described in 19.55 FWRC, 19.60 FWRC, 19.65 FWRC, 19.70 FWRC respectively. (each) ZONE SPECIAL Height of REGULATIONS AND Structure NOTES For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. No. 23-958, § 8, 6-6-23; Ord. No. 23-949, § 27, 2-7-23; Urd. No. 1 /-834, No. 10-678, § 3, 12-7-10; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 07-554, § 5(Exh. A(17)), 5-15-07; Ord. No. 02-424, § 3, 9-17-02; Ord. (Ord. No. 10-678, § 3, 12-7-10; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 07-554, § 5(Exh. A(17)), 5-15-07; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 97-291, § 1, 4-1-97; Ord. No. 96-270, § 5, 7-2-96; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(45.60), 2-27-90. Formerly 22-756. Code 2001 § 22-755.) Section 24. FWRC 19.220.080 is hereby amended to read as follows: 19.220.080 Senior citizen or special needs housing The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST. read down to find use THEN. across for REGULATIONS Minimums Required Review Required Yards Process Lot Size Height of USE REGULATIONS Front Side (each) Rear Structure Ordinance No. 23- Page 83 of 125 Z�9N E SPECIAL REGULATIONS AND NOTES Senior citizen or special Process 11 None Senior housing or special needs 65 ft. above average Senior 1. All buildings, except for related needs housing (stacked dwelling units) or_ with SEPA, housing: same as these requirements building elevation citizen parking structures u to 65 ft. in p Process II[ for ground floor use (ABE) housing: I height (six stories), must for each unit be gabled with pitched Stand-alone senior citizen or special roofs, unless the building needs housing See note 2 is taller than 35 fl. (three 20 ft. 5 ft. 5 ft. Special stories) with a rooftop that contributes to the needs housing: 0.5 multifamily open space See notes 2 and 12 requirements. per each unit 2 If any portion of a structure on the subject property is within 100 ft. See notes 4; ofa single-family 5 and 16 residential zone. then that portion of the structure shall not exceed 30 ft. above average building - elevation. and the structure shall be set back a minimum of20 ft. from the property line of the single-family residential zone. 3. Commercial uses allowed in this zone may be permitted on the ground floor of stacked senior citizen or special needs housing with a minimum floor -to -ceiling height of 13 ft. 4. For 100 units or more on a subject property. 25 percent of parking shall be underground, or on the first floor within the building footprint, except for visitor parking, which can be surface parking. 5. Alternatively. applicant may choose to submit a Parking study in accordance with FWRC 19.1'0.080(2). 6. Chapter 1_).?bf;. FWRC contains regulations regarding accessory uses_ buildings and structures. Accessory dwelling units are not permitted. 7. Chapter 19?70 FWRC contains regulations regarding home occupations. Ordinance No. 23- Page 84 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces Front Side (each) Rear SPECIAL �J Height of REGULATIONS AND Structure NOTES 8. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and me!5 itaelude eowmiaR-Open spaces Stich a-"t4azax reureat�»»�rese€ifl}� terraees--p-pn�.�� P aat ve obbws-and ass. Developments n1" 5 or fewer units are exemni from this usabi opt: n space NQ uin;mcnl. At least 50% of the usable one n sce must he acti>i r pen sNce.. 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 pemm4L,k 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 ofthe director, ifan open space study documents that less common open space will be adequate to serve the needs of the residents. 10. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, e.g.. required buffers, parking lot landscaping, surface water facilities; among others. 11. For community design guidelines that apply to the project, see Chapter I_'1_ I I FWRC. 12. Refer to Ordinance No. 23- Page 85 of 125 USE ZONE CHART DIRECTIONS: FIRST. read down to find use ... THEN_ across for REGULATIONS Minimums Required Yards Required USE REGULATIONS Review Process Lot Size ide(each) b I, 11, 11] and IV are described in 19.55 FWRC, 19.60 FWRC, 19.65 FWRC, 19.70 FWRC respectively. Height of Structure LJJONE SPECIAL REGULATIONS AND NOTES Chapter 1.9_1FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 13. For sign requirements that apply to the project_ see Chapter 19.140 FWRC. 14. For affordable housing requirements, see FWRC 19.110010. 15. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 16. Minimum residential parking requirements subject to FWRC 19.130.020. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. No. 23-949, § 28, 2-7-23; Ord. No. 17-834, § 17, 5-16-17; Ord. No. 10-678, § 4, 12-7-10; Ord. No. 07-559, § 3(Exh. A), 7-3-07. Code 2001, § 22-758.) Section 25. FWRC 19.220.100 is hereby amended to read as follows: 19.220.100 Permanent supportive housing and transitional housing The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section: Ordinance No. 23_ Page 86 of 12-5 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZtDNE Required Yards Required (Required USE REGULATIONS Review Lot Height of (Parking Process Lot Size (Front Side Rear Coverage Structure paces (each) SPECIAL b REGULATIONS AND NOTES Permanent supportive Process 111 None 0/20 10/20 10/20 None 55 ft. See notes 14, 1. Any proposed housing and transitional above 15 and 18 permanent supportive housing average housing or transitional building housing facility with more elevation than two units, or which (ABE) brings the total number of permanent supportive See notes housing or transitional 9 and 10 housing units on the property to more than three units, must be distanced at least one and one-third miles (7,040 ft.) from any property with more than three units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 50 residences located within a single facility or complex. 3. The property is situated proximate to, and has convenient access to. public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service. or government agency, or proprietor, to whom staffare responsible and who will be available to city officials. if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a writtell community engagement plan. approved by the governing agency. board_ or official. which must address. at a minimum: (a) how the Ordinance No. 23- Page 87 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZC)N E Required Yards Required Required USE REGULATIONS Review Lot (Height of (Parking Process Lot Size Front Side Rear Coverage Structure spaces (each) SPECIAL t* REGULATIONS AND NOTES facility will engage with the community; (b) how the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 11125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project. see Chapter 19.1_40. FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.1_I5 FWRC. 9. Building height may not exceed 30 ft, above average building elevation for the portion of the building located within 100 ft. from a single-family residential zone. 10. All buildings, except for related parking structures up to 65 ft. in height (six stories), must be gabled with pitched roofs. unless the buildine is taller than 35 ft. (three stories) with a rooltop that contributes to the multifamily open space requirements. 11. Housing and accessory living facilities may be located on the ground Floor only as follows: (a) ground level space that spans at least 60% of the total length ofthe principal commercial facade of all Ordinance No. 23- Page 88 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. THEN. across for REGULATIONS Minimums Maximums Z+[lN E p r v Required Yards Required Required Ull USE REGULATIONS Review Process Lot Size Front ,ide each) Rear Lot Coverage Height of I, .structure Parking Spaces SPECIAL I� REGULATIONS AND NOTES buildings, as determined by the director, is occupied with one or more other use(s) allowed in this zone: and (b) ground level space that spans at least 40% of the total length of all other street -facing facades of all buildings is occupied with one or more other use(s) allowed in this zone - Parking in conjunction with other uses allowed in this zone may also be located on the ground floor of the structure if nonvisible from the right- of-way or public areas. 12. All nonresidential ground floor spaces must have a minimum floor -to - ceiling height of 13 ft, and a minimum depth of 15 ft. 13. The subject property must provide usable open space in a total amount equal to at least 430 100 sq. ft. per dwelling unit-. and-rna 4w"de prive! i. r spaees as n Was sueh as effiliffiEN! it::-171fk�FBkN}i�5; iCfc�E`FH-1�Pr ff}f7liiti:-13:R7-H�`iBB11{]� iti-A':4C3°S,-IHH1}rr,-Hrciliw" inhf}te".z--Q�;:a:}i�-�1FH[73@F Rri?�'1'.'r-iili� I f L'£{RF-LiL'i'FH5 rtrprfale. DcvclopmenIs of 5 or fewer units are exempt from thisy.sa tl open s a •I: rc uirement. At least 50% of the usable o"i space must be active open space. A mininwm of 25% of the usable open space provided must be common open space. Private open space such as a patio. porch. balcony. or yard maN be credited toward total residential usable open space, if such Ordinance No. 23- Page 89 oJ 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use.. THEN, across for REGULATIONS Minimums Maximums Z+tiN E Required Yards Required Required USE REGULATIONS n tY �J Review Process Lot Size Front Side each) Rear Lot Coverage Height of structure Parking p aces SPECIAL REGULATIONS AND NOTES private open space is a minimum of48 sq. ft, and has a minimum dimension of six ft. At least 10% of the required common open Space must be dcveIoned and maintained with chiIdren's V liy egu irlmen1, exec t for houship for the CxcIIISjVe Ilse llr PCr5[}115 over 55 Ncq�, in which case it shall be dln.chmed with ago- appropriate cg_idoment, the subject property_ contains four or more uniu this re uired open .mace must be in unc or re Kees =11 havt ng a leneth and xvidth of at least 23 ft_ Isl addition il' ] e� snbjecl pronem contains 20 or more units, at Icast 50%. of This required open Spacc Inus1 he in bnc ar nwre pieces each havine a leneth and width of at least 40 ft. 14. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per rwo employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 15, Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 11),1 3 ()-.O8)(2), 16. The housing will operate under a written operational plan that will include. at a minimum_ the Ordinance No. 23- Page 90 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. THEN. across for REGULATIONS Minimums Maximums Ly Required Yards Required (Required DD USE REGULATIONS Review Lot (Height of ]Parking Process Lot Size IFron[ Side Rear Coverage Structure Spaces (,each) SPECIAL b REGULATIONS AND NOTES following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site/facility management, including a security and emergency plan; iii. Site/facility maintenance; iv. Occupancy policies, consistent with Chapter 59.1 R RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior: and the on -site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing Ordinance No. 23- Page 91 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required 1.:�equired �r 4 USE REGULATIONS Review Lot Height of Parkin g Process Lot Size (Front Side Rear Coverage Structure Spaces teach) SPECIAL r� �y b REGULATIONS AND NOTES homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 17. All facilities are required to be licensed pursuant to the provisions of Chapter _1.2.5 FWRC. 18. Minimum residential parking requirements sul?jcctto FWRC 19.130.020 For other information Process 1. II, III and IV are described in about parking and parking hapter 19.55 FWRC, areas. see Chapter 19.130 hapter 19.60 FWRC, FWRC. --hapter 19.65 FWRC. For details of what may hapter 19.70 FWRC respectively. exceed this height limit, see FWRC 19.110.050 et seq. For details reearding required yards. see FWRC 19.125.160 et seq. (Ord. No. 23-949, § 29, 2-7-23; Ord. No. 22-929, § 7, 1-18-22; Ord. No. 21-921, `; 11, 10-19-21; Ordinance No. 23- Page 92 of 125 Ord. No. 09-605, S 3(Exh. A), 3-3-09; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 96-270, § 5, 7-2-96; Ord. No. 94-223, 5 3(G), 10-18-94. Code 2001 § 22-760.) Section 26. FWRC 19.225.070 is hereby amended to read as follows: 19.225.070 Multifamily dwelling units, senior citizen, or special needs housing. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZONE CC—C Required Yards Required (Required USE REGULATIONS Review Parking Process Lot Size Spaces Front Side (each) Rear SPECIAL r� tY b Height of REGULATIONS AND Structure NOTES Multifamily dwelling Process II None Multifamildwellin y g units. senior 70 ft. Multifamily 1. The city may, using units (stacked dwelling Possible housing. or speciar needs housing: housing. or dwelling process 111, modify units) Process Ill same as these regulations for ground ft. units: 1 per required yard, height, lot unit if coverage, and other site Senior citizen or special See note 1 Floor use See note 1 underground design and dimensional needs housing (stacked or in requirements for a dwelling units) Stand-alone senior citizen or special structured proposed development needs housing: parking or that meets the following 20 ft 5 It. 5 1t. 1.7 per unit criteria: if surface a. The proposed Sec notes I. 2 and 10 parking development will be consistent with the See notes 16 adopted comprehensive through 20 plan policies for this zone: and Senior b. The proposed citizen development will be housing: I consistent with the for each unit applicable design guidelines: and Special c. The street, utilities, needs and other infrastructure in housing: 0.5 the area are adequate to for each unit support the proposed development. Affordable 2. No setback is required dwelling adjacent to rights -of -way units: 0 for for senior citizen and each unit special needs housing. when publicly visible street-scape amenities, as defined in FWRC N-05.19( are located along the right -of - Ordinance No. 23- Page 93 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums ZONE Required Yards Required Required�—� USE REGULATIONS Review (Parking Process Lot Size :spaces Front 'Side (each) Rear SPECIAL �J Height of REGULATIONS AND Structure NOTES way; the siting and design ofwhich shall be approved by the director. 3. A minimum of 15 percent of the ground floor must be comprised of nonresidential uses open to the public. Where any portion ofthe subject property is located adjacent to the intersection of multiple streets, the ground floor space for a distance of 50 ft. from the nearest point of the subject property to any such street intersection, shall be limited to entertainment or retail uses. Ground floor space limited to entertainment or retail uses under the preceding - sentence may count toward the 15 percent nonresidential use requirement under this note_ 4. Primary building entries to residential, retail, or parking must face an arterial street with no multifamily residential ground floor parking visible from arterial streets. 5. Building height may be increased from the permitted outright height of 70 ft, to 200 ft. in exchange for providing publicly visible strectscape amenities, as defined in FWRC _I_9_05_ 190, along the right-of-way: the siting and design of which shall be approved by the director. 6, The subject property must provide usable open space in a total amount Ordinance No. 23_ Page 94 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums �(lNE Required Required Yards Required—� USE REGULATIONS Review Parking Process Lot Size Spaces ]Front 'Side (each) 'Rear SPECIAL b Height of REGULATIONS AND Structure NOTES equal to at least 100 sq 11. per dwelling unit and ma) inelutle-ffiyaie-i)p" spaces 51boll {�at+tsr, s�nd�raleer}+es;-x: We" Upe I ;�xre5-sacgt-as-plate fooms- Iep to p1m4LALs. peois. awy �E ieS:-AnS�-[iTfhffH - Developments of 5 or f'ewur units are exempt from this usable o; s ace mg u irem enL AI least 50% of the usable o ^n ipgpc must be acd gpen space, A minimum of 25 pemept°/a of the usable open space provided must be common open space. All eligible usable open space shall also meet the requirements specified in FWRC 19.1 15 1 15. A fee -in -lieu payment may be utilized for up to 50 pereen0/0 of the usable open space as specified in FWRC 19.1 15,1 15. At least 10% of the common orlon space must be dcveluped an4 maintained Willi children's ny eauiprucnL except liu housing for [he cxclusivg Li -se of permis over 55 years of ace. in which case it altaII be develoWd With age-appmi riatc cf[u.iplmnt. 7 Any common open space requirements for senior hoLISlllg or special needs housing may be reduced at the discretion ofthe director. ifan open space study documents that less common open space will be adequate to serve the needs of [he Oi-dinance No. 23- Page 95 of 12.5 USE ZONE CHART DIRECTIONS: FIRST, read down to find use.. THEN. across for REGULATIONS Minimums Z�iN E Required Yards Required Required USE REGULATIONS Review Parking Process Lot Size Spaces Front Side (each) Rear SPECIAL b Height of REGULATIONS AND Structure NOTES residents. 8. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, e.g., required buffers, parking lot landscaping, surface water facilities, among others. 9. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 10. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 11. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 12. Chapter 19.265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 13. Chapter 19.270 FWRC contains regulations regarding home occupations. 14. For affordable housing requirements. see FWRC 19.110.010. 15. For provisions that relate to the keeping of animals. see Chapter 19_260 FWRC. 16. Parking may be provided underground or above ground in structured parking or may be permitted as surface parking. 17. Dwelling unit parking stalls are in addition to required parking for all Ordinance No. 23-. Page 96 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use.. , THEN, across for REGULATIONS Minimums Required Yards Required USE REGULATIONS Review Process Lot Size 4 b €'rrxcss I, II, Ill and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chap[cr 19.70 FWRC respectively. (each) Height of Structure SPECIAL REGULATIONS AND NOTES nonresidential ground floor uses. 18. Surface parking areas for multifamily development must be located so that they are not visible from arterials or pedestrian oriented walkways. When determined by the community development director or designee that such requirement is not feasible, surface parking may be screened from public view by a compact evergreen hedge, a solid wall or fence, or in a manner approved by the community development director or designee. 19, Required parking may be reduced under the provisions of FWRC 19.130_M (3) (a), (b), (c), and (d). 20. Minimum residential parking requirements subject to FWRC 19.130 020. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards. see FWRC 19.125.160 et seq. (Ord. No. 23-958, § 9, 6-6-23; Ord. No. 23-949, S 31, 2-7-23; Ord. No. 17-834, S 18, 5-16-17; Ord. No. 12-735, S 4(Exh. A), 12-4-12; Ord. No. 12-727, § 3, 9-18-12; Ord. No. 07-554, § 5(Exh. A(18)), 5-15-07; Ord. No. 06-542, 5 3(Exh. A), 12-19-06; Ord. No. 06-515. S 3, 2-7-06; Ord. No. 02-424, Ordinance No. 23- Page 97 gf ' 125 § 3, 9-17-02; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 96-270, § 5, 7-2-96; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 90-43, § 2(50.55), 2-27-90. Code 2001 § 22-797.) Section 27. FWRC 19.225.075 is hereby amended to read as follows: 19.225.075 Permanent supportive housing and transitional housing The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Z1DNE Required Yards Required Required` USE REGULATIONS Review Parking Process Lot Size Side Lot Coverage Height of 'Structure Spaces Front 'each) IRear SPECIAL n tY b REGULATIONS AND NOTES Permanent supportive Process III None 10 ft. None 70 ft. or See notes 16, L Any proposed housing and transitional 200 ft. 17 and 20 permanent supportive housing housing or transitional See notes housing facility with more I I and 12 than two units, or which brings the total number of permanent supportive housing or transitional housing units on the property to more than three units. must be distanced at least one and one-third miles (7,040 ft.) from any property with more than three units of permanent Supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 110 residences located within a single facility or complex. 3. The property is situated proximate to, and has convenient access to. public transportalion, shopping. health care providers. and other services and facilities frequent]) utilized by the residents of the property =4 The facility or complex Ordinance No. 23 Page 98 of 125 USE ZONE CHART DIRECTIONS: FIRST. read down to find use. . THEN_ across for REGULATIONS Minimums Maximums �(lNE Required Yards Required Required — USE REGULATIONS Review Lot Height of Parking Process Lot Size Front Side (Rear Coverage structure Spaces (each) SPECIAL n tY b REGULATIONS AND NOTES will be operated under the authority of a reputable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials, if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address, at a minimum: (a) how the facility will engage with the community; (b) how the facility will respond to community complaints or concerns: and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. G. Refer to Chapter 19 12� FWRC. Outdoors. Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project. see Chapter 19.14-0 FWRC. 3 For community design guidelines that apply to the project. see Chapter 19,_L1_5. FWRC. 9. Where the building is located near a right -of= waN. the ground floor exist consist of nonresidential space(s) with a minimum floor -to -ceiling height of 13 li : or residential spaces that contribute an active Ordinance No. 23- Page 99 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums 2{3NE Required Yards Required Required-� USE REGULATIONS Review Lot (Height of (Parking Process Lot Size Front Side Coverage Structure S paces (each) ear SPECIAL n iY b REGULATIONS AND NOTES presence to the streetscape. 10. Primary building entries to residential, retail, or parking must face an arterial street with no multifamily residential ground floor parking visible from arterial streets, 11. All buildings, except for related parking structures up to 65 ft. in height (six stories), must be gabled with pitched roofs, unless the building is taller than 35 ft. (three stories) with a rooftop that contributes to the multifamily open space requirements. 12. Building height may be increased from the permitted outright height of 70 ft. to 200 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, along the right-of-way; the siting and design of which shall be approved by the director. 13. The subject property must provide usable open space in a total amount equal to at least 100 sq. fl. per dwelling unit and may 141& k-ff4YH1 A rfli?QB`r'i.11G-}1-�}S-jWifi!S: Ilalk1 •arxi- .&-ome"' IN .ell spaees a plazas. 1lIW-�Fk4.rr ' Ire;--.-- �rcvHFrli} r�w�nas-rw>Ilrrp-terFacn:--E'- {la+ehe�-�Fx+ia-lte}i ve lebbies-� ..�,,,,;.,,rM Dcvclnpm0tltsslfry ur Lw r Multi are c\cmtli lhtm this tlsablc upcn sc$; Mt1girement, At leas) SW;, o1 the usable n retl ti�t�e Inutit I><:IL'll« [�l[�tl Ordinance No. 23- Page 100 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN. across for REGULATIONS Minimums Maximums ZONE Required Yards_ Required (Required USE REGULATIONS n tY b Review Process Lot Size Front 'Side (each) Rear Lot Coverage (Height of 'Structure (Parking 'Spaces SPECIAL REGULATIONS AND NOTES space. A minimum of25% 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 19.115.1 15. At least 10% of the common OPCIl tipscc I111IS1 be developed and mairimined wtIIt ehiIdren-. In equipment. except for housm" ror the (L'elusive use orWrsons over 55 vears ot'agc_ in which case II %hall be developed wuh ar,CapPre rite equipment, 14. Any common open space requirements may be 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. 15. Surface parking areas must be located so that they are not visible from arterials or pedestrian - oriented walkways. When determined by the director or designee that such requirement is not feasible. surface parking may be screened from public view by a compact evergreen hedge, a solid wall or fence. or in a manner approved by the community development director or designee. 1 G Parking spaces shall be Ordinance No. 23- Page 101 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use . , . THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards !� Required (Required—C USE REGULATIONS Review Lot (Height of (Parking Process Lot Size Front Side Rear Coverage Structure paces �7 (each) SPECIAL tY b REGULATIONS AND NOTES provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 17. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130,081](2). 18. The housing will operate under a written operational plan that will include. at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff: ii. Site/facility managcmcnt, including a security and emergency plan: iii. Site/tacility maintenance: iv. Occupancy policies. consistent with Ordinance No. 23- Page 102 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN. across for REGULATIONS Minimums Maximums ZONE Required Yards�,_� L- Required Required USE REGULATIONS Review Lot Height of Parking Process Lot Size Front �,de s.each) Rear Coverage Coverage tructure Structure Spaces n �y b REGULATIONS AND NOTES Chapter 59,18_ RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on -site use and sale of illegal drugs: v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. c. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents. and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant. it shall follo\\ a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 19. All facilities are Ordinance No. 23- Page 103 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use, . , THEN. across for REGULATIONS Minimums Maximums Required Yards Required Required USE REGULATIONS Review Lot (Height of Parking Process Lot Size (Front Side Rear Coverage Structure ,paces (each) SPECIAL �7 �y b REGULATIONS AND NOTES required to be licensed pursuant to the provisions of Chapter 12,3 FWRC. 20. Minimum residential parking requirements subject to FWRC 19.130.020. For other information Process 1, II, III and IV are described in about parking and parking -hapter 19.55 FWRC, areas, see Chapter 19.130 -hapter 19.60 FWRC, FWRC. Chapter 19.65 FWRC, hapter 19.70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. No. 23-949, § 32, 2-7-23; Ord. No. 22-929, § 10, 1-18-22; Ord. No. 21-921, § 23, 10-19-21.) Section 28. FWRC 19.230.060 is hereby amended to read as follows: 19.230.060 Multifamily dwelling units, senior citizen, or special needs housing. The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN. across for REGULATIONS Minimums ZC]N E Required Required Yards Required_r+ USE REGULATIONS Review Parking Process Lot Size Spaces �7 ty b Front Side (each) Rear Height of SPECIAL REGULATIONS AND Structure NOTES Ordinance No. 23- Page 104 of 12S USE ZONE CHART DIRECTIONS: FIRST, read down to find use. THEN. across for REGULATIONS Minimums Z©N� Required Yards Required (Required USE REGULATIONS Review (Parking Process Lot Size 'Spaces (Front Side (each) (Rear n SPECIAL tY b Height of REGULATIONS AND Structure NOTES Multifamily dwelling Process 11 None Multifamily dwelling units, senior 70 ft. Multifamily 1. The city may, using units (stacked dwelling Possible housing, or special needs housing: or dwelling process 111. modify units) Process III Same as these requirements for 85 ft. units: l per required height, yard, ground floor use unit if landscape and other site Senior citizen or special See note 1 See notes L 3 and 4 underground design and dimensional needs housing (stacked or in requirements for a dwelling units) structured proposed development Stand-alone senior citizen or special parking or that meets the following needs housing: 1.7 per unit criteria: 20 fl. 5 ft. 5 ft if surface a. The proposed parking development will be See notes 4, 8, and 10 consistent with the See notes 16 adopted comprehensive through 19 plan policies for this zone; and Senior b. The proposed citizen development will be housing: 1 consistent with applicable for each unit design guidelines; and c. The street utilities Special and other infrastructure in needs the area are adequate to housing: support the proposed 0.5 for each development. unit 2. Multi -unit housing and accessory living facilities Affordable may be located on the dwelling ground floor of buildings units: 0 for on the subject property each unit only ifground floor space that spans at least 40 percent of the total length of the buildings adjacent to the primary vehicular access, as determined by the director, is occupied with one or more other permitted use(s) that is open to the public. Parking in conjunction with other uses allowed in this zone may also be located on the ground floor of the structure if non -visible from the right-of-way or public areas. 3. Building height may be increased from the permitted outright height of 70 It. to 85 It in e\changelor providing Ordinance No. 23- Page 105 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums r� Required Yards Required Required�r USE REGULATIONS Review Parking Process Lot Size Spaces r� ty b Front Side (each) (Rear Height of SPECIAL REGULATIONS AND Structure NOTES publicly visible streetscape amenities, as defined in FWRC 1M)i..190, along the right-of-way; the siting and design of which shall be approved by the director. 4. Structures on property that adjoins a sin -le - family residential zone shall be set back a minimum of20 ft. from the property line adjacent to the single-family residential zone. The height of structures shall not exceed 30 fl. above average building elevation when located within 100 ft. from such property line. 5. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit and may `^vHiB-sj7aecs srt�Iitt r lin 4�alE+�ies-as-welFas Ii41#HHiFIIi-tip�H-5�-7HCi.:. P`flnT cell as pkay-grl,rxr&. r eFe,Imon Fl••••ror.r.--r4n-=.••••,T(aiYjylNii41dW5: 13-Txr -hes--,.:-.fir..._... �ll9�f lc S:-:+Hi�•lkkflFFH4ti. I ]evcInpn3enls of 5 nr kC %-cr nll s a1'e C\CniIN I'Fnln 111N usable orn;n spacL7 ri�[]ui.remcnL At least 50% of the usable omn spacr_mum he =live ftticn s1mc,:. A minimum of 25 perceni%o 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 11 �, I ] '�. A fee -in -lieu option is Ordinance No. 23- Page 106 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN. across for REGULATIONS Minimums Required Required Yards (Required r<_F l USE REGULATIONS Review (Parking Process Lot Size 'Spaces Front Side (each) Rear SPECIAL b Height of REGULATIONS AND Structure NOTES available for up to 50 peree+rt% of the usable open space as specified in FWRC 19-:] I5.I I5. At least 10% of the common o n s pate must be deyelopgd and maintained with duHdLga-s piny equipmem excrpt for housing for the exclusive use or mans over SS cars ofa c. in which case it shall be duvcltiped with a e-a ro riaie etc uipmenl. 6. 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. 7. No maximum lot coverage is established. Instead. the buildable area will be determined by other site development requirements, e.g.. buffers, parking lot landscaping. surface water facilities, among others. 8. No setback is required adjacent to rights -of -way for senior citizen and special needs housing, when publicly visible streetscape amenities. as defined in FWRC 11).01 , 190. ire located along the right-of- way. the siting and design of which shall be approved b) the director, 9. For community design guidelines that apply to the project. see Chapter I_l_I_I5 FWRC. Ordinance No. 23- Page 107 of'125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums E Required Yards ;Z�N _F Required (Required USE REGULATIONS Review (Parking — Process Lot Size 'Spaces Front Side (each) hear SPECIAL r� �y b Height of REGULATIONS AND Structure NOTES 10. Refer to Chapter 1.9.1_25 FWRC; Outdoors, Yards. and Landscaping, for appropriate requirements. 11. For sign requirements that apply to the project, see Chapter 1.9 1 40 FWRC. 12. Chapter 19,265 FWRC contains regulations regarding accessory uses, buildings and structures. Accessory dwelling units are not permitted. 13. Chapter 19.270 FWRC egul contains rations regarding home occupations. 14. For affordable housing requirements, see FWRC 19. 0 00 010. 15. For provisions that relate to the keeping of animals. see FWRC 19 260.Q40 et seq 16. Parking may be provided underground or above ground in structured parking or may be permitted as surface parking, 17. Dwelling unit parking stalls are in addition to required parking for all nonresidential _round floor uses. 18. Required parking may be reduced under the provisions of FWRC 10 13O U2O(3) (a), i (b). (c), and (d). 19. Minimum residential parking requirements subject to FWRC N 110 02O For other information I'Tu x-ss 1. Il: III and IV are described in about parking and parking Ordinance No. 23- Page 108 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use, .. THEN, across for REGULATIONS Minimums Required Yards Required USE REGULATIONS Review Process Lot Size Ia 0M b 19.55 FWRC, 1960.FWRC, 19.65 FWRC, 19.70 FWRC respectively. (each) Rent SPECIAL Height of REGULATIONS AND Structure NOTES areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. No. 23-958, § 10, 6-6-23; Ord. No. 23-949, § 34, 2-7-23; Ord. No. 17-834, § 19, 5-16-17; Ord. No. 12-735, § 4(Exh. A), 12-4-12; Ord. No. 12-727, § 4, 9-18-12; Ord. No. 07-554, § 5(Exh. A(19)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 96-270, § 5, 7-2-96; Ord. No. 93-170, § 7(Exh. B), 4-20-93, Ord. No. 90-43, § 2(50.55), 2- 27-90. Code 2001 § 22-809.) Section 29. FWRC 19.230.065 is hereby amended to read as follows: 19.230.065 Permanent supportive housing and transitional housing The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN. across for REGULATIONS Minimums Maximums ZON E Required Yards CC_( Required Required USE REGULATIONS Review Lot Hei ht of Parkine f Process Lot Size Side Coveraee Structure ;5 Ices p` (Front leach) Rear SPECIAL U REGULATIONS AND NOTES Permanent supportive Process Ill Nonc 10 ft None 70 ft or Sec notes 15. 1 Any proposed housing and transitional S5 11 16 and 19 permanent supportive Ordinance No. 23- Page 109 of725 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums 2�NE CC_F Required Yards Required ]Required USE REGULATIONS Review Lot Height of Parking Process Lot Size Front Side Rear Coverage Structure ,paces (each) SPECIAL �J REGULATIONS AND NOTES housing housing or transitional See notes housing facility with more 9 and 10 than two units, or which brings the total number of permanent supportive housing or transitional housing units on the property to more than three units. must be distanced at least one and one-third miles (7,040 ft.) from any property with more than three units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 110 residences located within a single facility or complex. 3. The property is situated proximate to. and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the authority of a reputable governing board, social service. or government agency. or proprietor, to whom staff are responsible and who will be available to city olrcials, if necessary. to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement plan. approved by the governing agency. board. or official. which must address. at a minimum: (a) hoN% the facility will engase with the community: (b) how Ordinance No. 23- Page I10 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required (Required USE REGULATIONS Review Lot (Height of (Parking Process Lot Size Side) IRear Coverage Structure paces (each) SPECIAL b REGULATIONS AND NOTES the facility will respond to community complaints or concerns; and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125. FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 7, For sign requirements that apply to the project. see Chapter 19._140 FWRC. 8. For community design guidelines that apply to the project. see Chapter 19.1 I.5 FWRC. 9. Building height may be increased from the permitted outright height of 70 ft. to 85 It. in exchange for providing publicly visible streetscape amenities. as defined in FWRC 19.05-_190. along the right-of-way; the siting and design of which shall be approved by the director. 10. Structures on property that adjoins a single-family residential zone shall be set back a minimum of 20 ft. from the property line adjacent to the single- famih residential zone. The height ofstructures shall not exceed 30 f. above average building elevation when located within 100 ft. from such property line, unless the project proposes utilizing an existing building 11. All buildings, except Ordinance No. 23- Page 111 of'] 25 USE ZONE CHART DIRECTIONS: FIRST, read down to find use _ .. THEN, across for REGULATIONS Minimums Maximums ZONE Required Required Yards iRequired_F+ USE REGULATIONS Review Process Lot Size Front Side 'each) ]Rear Lot Coverage 'Height of Structure Parking 5p ices SPECIAL b REGULATIONS AND NOTES for related parking structures up to 65 ft. in height (six stories), must be gabled with pitched roofs. unless the building is taller than 35 ft. (three stories) with a rooftop that contributes to the multifamily open space requirements. 12. Where the building is located near a right-of- way, the ground floor must consist of nonresidential space(s) with a minimum floor -to -ceiling height of 13 ft.; or residential spaces that have been designed to contribute to an active presence to the streelscape. 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 ai+1_5�w-�irfl�a£�ias-and LTfIF}lTiCilHlliNii-$ s kll ati-t}lRf"kr-l3tH Yt.lUEkl�r.- fir2PLat{l+tHtlaH�7fr{tC�3 !erfBee-}�-I1i'r�ci}cir.-rnirl5: uui4w—h+tvie� aad m, s. fkvclornzenls:,f 5 or fewer units are exempt fmmlhis_usahle open space rcquincment. At least 50% of the usable open space must be acli% nWil 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. 11>.1 15. A fee - in -lieu option is available for up to 501r6 ofthe usable open space as specified in FWRC 19 1 1 5 1 1 5. At .least 10% of the common Oi-dinance No. 23- Page 112 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Maximums zoN� Required Yards ftr•_F ii L Required (Required USE REGULATIONS Review Lot Height of iParking Process Lot Size Front Side Rear Coverage Structure Spaces each) SPECIAL �J REGULATIONS AND NOTES 0Pen space ntuit_-N developed and tttnimained with children's plati' equipment, except for housing for the exclusive use 01 pursons over 55 yrnrs ufaac. in Iflurh case it shall he dcvrl(pcd with c rrto 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. 15. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units— 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per two employees 16. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19 130OS0(2). IT The housing will operate tinder a written operational plan that will include, at a minimum,. the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site, without prior referral. is not allowed. Ordinance No. 23- Page 113 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use.. THEN, across for REGULATIONS Minimums Maximums Required Yards Required ]Required—� USE REGULATIONS Review Lot IHei-ht of 1Parking Process Lot Size Front Side Rear Coverage Structure Spaces each) SPECIAL t� REGULATIONS AND NOTES b. A description of transit, pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff; ii. Site/facility management including a security and emergency plan: iii. Site/facility maintenance: iv. Occupancy policies, consistent with Chapter 59.13 RCW, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior: and the on -site use and sale of illegal drugs; v. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness. and/or certifications or academic credentials in an applicable human service field. and/or applicable experience in a related program with people experiencing homelessness e. For health and safety Ordinance No. 23- Page 114 of 12-5 USE ZONE CHART DIRECTIONS: FIRST, read down to find use.. . THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required�_F USE REGULATIONS Review Lot (Height of Parking Process Lot Size (Front ,side (Rear Coverage Structure Spaces " (each) SPECIAL b REGULATIONS AND NOTES reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth. from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 18. All facilities are required to be licensed pursuant to the provisions of Chapter 1.,35 FWRC. 19. Minimum residential parking requirements subject to FWRC 19.130.020. For other information ss 1. 11. 111 and IV are described in about parking and parking L ter 19.55 FWRC; areas, see Chapter 19.130 ter 19,60 FWRC. FWRC. ter 19.65 FWRC, ter 19,70 FWRC respectively. For details ofwhat may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. (Ord. No. 23-949, § 35, 2-7-23, Ord. 22-929, S 12, 1-18-22; Ord. No. 21-921, § 25, 10-19-21.) Section 30. FWRC 19.240.085 is hereby amended to read as follows: 19.240.085 Permanent supportive housing and transitional housing Ordinance No. 23- Page 115 of 125 The following uses shall be permitted in the commercial enterprise (CE) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ��iV IE E Required Yards Required Required USE REGULATIONS Review Lot Height of (Parking Process Lot Size Front Side Rear Coverage Coverage Structure Spaces 'each) n tY b REGULATIONS AND NOTES Permanent supportive None 5 ft. See note 12 None 45 ft. See notes 13, 1. Any proposed housing and transitional Process III above 14 and 17 permanent Supportive housing average housing or transitional building housing facility with more elevation than two units, or which (AABE) to brings the total number of 55 ft. permanent supportive AABE and housing or transitional four floors housing units on the property to more than three See notes units, must be distanced at 9 and 10 least one and one-third miles (7,040 ft.) from any property with more than three units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 110 residences located within a single facility or complex. 3. The property is situated proximate to, and has convenient access to. public transportation. shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. 4, llie facility or complex ),o ill be operated under the authority of a reputable governing board. social service. or government aecncy. or proprietor. to whom staff are responsible and who will be available to city otrcials. if neccssarv.to resolve concerns pertaining to the property or residents. 5. The housing �� ill operate Ordii7ai7ce No. 23- Page 116 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Z(3N E Required Yards Required Required USE REGULATIONS Review Lot Height of Parking Process Lot Size Front Side Rear Coverage Structure Spaces (each) SPECIAL �7 �y REGULATIONS AND NOTES under a written community engagement plan, approved by the governing agency, board. or official, which must address, at a minimum: (a) how the facility will engage with the community: (b) how the facility will respond to community complaints or concerns: and (c) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC. Outdoors_ Yards, and Landscaping, for appropriate requirements. 7. For sign requirements that apply to the project, see Chapter 1.9. 1440 FWRC. 8. For community design guidelines that apply to the project. see Chapter 19_IIS FWRC. 9. If approved by the director. the height of a structure may exceed 40 ft. above average building elevation (AABE). to a maximum of» ft. AABE and four floors, if all of the following criteria are nut: a. The increased height is necessary to accommodate the structural. equipment_ or operational needs of the use conducted in the building. and/or all ground Floor spaces have a minimum floor-lo-ceiling height of 13 ft. and a minimum depth of] i ft.: b. Height complies xNith Ordinance No. 23- Page 117 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. THEN, across for REGULATIONS Minimums Maximums ZONE C Required Yards Required (Required USE REGULATIONS b Review Process Lot Size Front aide SideRear Lot Coverage Height of fracture (Parking Spaces SPECIAL REGULATIONS AND NOTES note 10: c. Height over 40 ft. is set back from all residential zones by one additional ft. for each one ft, of height over 40 ft.; and d. Rooflines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, forms. angles, and materials. 10. Building height may not exceed 30 fl. AABE when located within 100 ft. of a single-family residential zone. 11. The subject property must provide usable open space in a total amount equal to at least 100 sq. ft. per dwelling unit amid maj utt tercleiviHe sp<+c� ; ;ur�11 ni-i�+ds:-Ilr}Fler� :+txl hal<iaFtiesra Was a��iaz��larwnt+nsl:f FL'Eri:fHfHFrr(k1R1'r,-{Sj[yjiQ�. terruci�:-Ix-}lttk-he �-�x'rls; �ft�i`�-If113�11[:i--H1lEI atFiHIIISI)c�clnpmcnlx ul i or fewer units are ext'1161 from this uSnblc utnit space Muire3xnt. At least i0% ofthe usable oNn spare Itl,iI ,t he acliyq 110$nL5 :ILC. A Millinllllll 01 25% of the usable open space provided must be common open space. All cligible usable open space Shall also meet the requirements specified in FWRC 19115 11 i. A fee - in -lieu option is available for up to 50% of the usable open space as specified in FWRC 19 1 1 �; 1 1 �; At least 10% of the common AMCn %'paCC Ill 1131. b. Ordinance No. 23- Page 118 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Z+�iV E Required Yards Required Required USE REGULATIONS Review Process Lot Size Front Side (each) IRear Lot Coverage Height of Structure Parking Spaces SPECIAL n tY b REGULATIONS AND NOTES ticvelnn�;d,_,�� mttintainesi with children's plan uc ui nub, cxLe R titr bousinra for the cxcblsive use of persons ovt r wears of aec. in which case It shall be developed SIEII iAL-VAL2.tria e eRoipmenl. 12. Minimum side and rear yards shall be 20 ft. adjacent to single-family residential zones and five fit, adjacent to all'ether zones. 13. Parking spaces shall be provided as follows: Efficiency units — 1.0 per unit + one per two employees Studio units — 1.25 per unit + one per two employees One bedroom units — 1.5 per unit + one per two employees Units with two bedrooms or more — 2.0 per unit + one per twvo employees 14. Alternatively. an applicant may choose to submit a parking study in accordance with FWRC 1913.0.080(2). 15. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site. without prior referral. is not allowed- b. A description of transit. pedestrian and bicycle access from the subject site to services and Ordinance No. 23- Page 119 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards L Required Required USE REGULATIONS Review Lot (Height of Parking Process Lot Size Front Side bear Coverage Structure ;spaces each) SPECIAL b REGULATIONS AND NOTES schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff. ii_ Site/facility management, including a security and emergency plan; iii. Site/facility maintenance: iv. Occupancy policies, consistent with Chapter -9 ] $ RCW, including resident responsibilities and a code ofconduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and the on -site use and sale of illegal y drugs; v. Access to human and social services, including a slaffing plan and expected outcome measures: vi, Procedures for maintaining accurate and complete records. d Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field. and/or applicable experience in a related program vv ith people experiencing homelessness. c For health and safety reasons. the sponsor and/or managing agency shall take all reasonable and legal steps to obtain Ordinance No. 23- Page 120 of 125 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS Minimums I Maximums Required USE REGULATIONS Review Process I Lot Size Required Yards Lot IFieight of ide 1aPa Coverage Structure ;each) - SPECIAL �J REGULATIONS AND NOTES verifiable identification information, including full name and date of birth, from current and prospective residents, and shall keep a log containing this information, t: Should the provider become aware of a current or prospective resident who has an active felony warrant. it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. 16, All facilities are required to be licensed Pursuant to the provisions ofChapter,1_13j FWRC. 17. Minimum residential parking requirements subject to FWRC 19.1 30.020. ;ess I, 11, 11] and IV are described in pier 19.55 FWRC, pier 19.60 FWRC. pier 19.65 FWRC. pier 19.70 FWRC respectively. For other information about parking and parking areas. see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19 110.050 et seq. For details regarding required yards. see FWRC 19.125.160 et seq. (Ord. No. 23-949, § 36, 2-7-23; Ord. No. 22-929, § 13, 1-18-22; Ord. No. 21-921, § 27, 10-19-21.) Section 31. FWRC 19.115.115 is hereby amended to read as follows: 19.115.115 Design criteria for residential usable open space and fee -in -lieu option. Ordinance No. 23- Poge 121 of 125 The following guidelines apply to residential usable open space that is developed pursuant to FWRC .19 200.100. 19.205.070, I9.215.150, 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)aren spaee, 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 enj oyment 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 Ordinance No. 23- Page 122 gf'125 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 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 Ordinance No. 237 Page 123 gf'725 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 thea euF:.-...,t m.,d- a value assessed or appraised 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 ihey may be used 0F}alc and—reevea ieri eity ntef fi•a a ed ,area,;. See also FWRC 19.100.070. (Ord. No. 17-834, § 9, 5-16-17; Ord. No. 12-727, § 5, 9-18-12.) Section 32. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 33. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 34. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 35. Effective Date. This ordinance shall take effect and be in force thirty (30) days Ordinance No. 23- Page 124 of 125 from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way - this day of 2023. ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No: 23- Page 125 of 125