ORD 23-967 - Amending PROS & Comp Plan - Capital FacilitiesORDINANCE NO.23-967
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
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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. 23-967 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. 23-967 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 L UP 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 L UP 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. 23-967 Page 4 of 8
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. Comprehensive 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. 23-967 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. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to 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. 23-967 Page 6 of 8
passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 5th day of September, 2023.
CITY OF FEDERAL WAY:
y...ELL, MAYOR
ATTEST.-
StVjtlANIE COURTNEY, C IC, CITY CLERK
APPROVED AS TO FORM:
"02011m,
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 08/02/2023
PASSED BY THE CITY COUNCIL: 09/05/2023
PUBLISHED: 09/08/2023
EFFECTIVE DATE: 09/13/2023
ORDINANCE NO.: 23-967
Ordinance No. 23-967 Page 7 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. Fer example, -si^'^^*ia' suladivisiens are required to
ide epen space for 15 n nr of the g S land � Af the �,iI� diyirien. Many
"
developers provide a fee to the City in -lieu of constructing parks.
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