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LUTC PKT 08-06-2012August 6, 2012 5:30 .m. City of Federal Way City Council Land Use/Transportation Committee City Hall Council Chambers MEETING AGENDA Electronic 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/Description A. Approval of Minutes: ]uly 2, 2012 B. 21� Ave SW at SW 336"' St Intersection Improvements — 85% Design Status Report C. Code Amendment to FWRC regarding Residential Open Space Standards in the City Center Core and City Center Frame D. Selection Process — 2012 Comprehensive Plan Amendments 4. OTHER Presenter Page LeMaster 2 Roberts 6 Action or Info Action Action Shull 8 Action Conlen 57 Action Council Date Time N/A 5 min. Sept. 4, 2012 5 min. Consent Sept. 4, 2012 10 min. Ordinance 1� Reading Sept. 4, 2012 10 min. Ordinance Public Hearing 5. FUTURE MEETINGS/AGENDA ITEMS: The ne� September 3, 2012 LUTC meeting has been cancelled in observance of Labor Day and rescheduled for Monday, September �oc, 2012 at 5:30 p.m. in City Hall Council Chambers. 6. AD]OURN Committee Members City Staff Bob Celski, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Jeanne Burbidge, Member Dar�ene LeMaster, Administrative Assistant II Susan Honda, Member Z53-835-2701 G. I LUTCILUTCAgena�as and Summ�es 10I11B-06-2011 LUTCAr�enda.�c July 2, 2012 5:30 PM City of Federal Way City Council Land Use and Transportation Committee City Hall City Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Bob Celski and Committee member Susan Honda; Committee member Jeanne Burbidge was excused. Councilmembers in Attendance: Councilmember Linda Kochmar Staff in Attendance: Director of Pazks, Public Works and Emergency Management Cary Roe, Deputy Public Works Director Marwan Salloum, City Traffic Engineer Rick Perez, Street Systems Project Engineer John Mulkey, Principal Planner Margaret Clark, Planning Manager Isaac Conlen, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Celski called the meeting to order at 5:32 PM. 2. PUBLIC COMMENT There was no public comment. 3. BUSINESS ITEMS Forward Topic Title/Description to Council A. B. Approval of the June 4, 2012 LUTC Minutes Committee approved the June 4, 2012 LUTC minutes as presented. Moved: Honda Seconded: Celski Passed: Unanimously, 2-0 N/A S 344 Way at Weyerhaeuser Way S Intersection Improvements — 100% Design Status July 17, 201� Report Consent Street Systems Project Engineer John Mulkey presented information on this item. There was no public comment. Committee Member Honda asked what the objection was from Weyerhaeuser. Mr. Mulkey explained that Weyerhaeuser's concern is that the project construction and acquisition of property for right of way may negatively affect the Weyerhaeuser property sale. Status of the Weyerhaeuser property sale as of this date is unknown. Chair Celski asked about traffic collision history at the subject location. City Traffic Engineer Perez reported that the subject intersecrion has not historically been a high collision intersection. Mr. Perez explained that staff forecasted traffic for this location to include future development and additional traffic volume, resulting in the subject intersection being over capacity with a potential higher collision rate. This project is a proactive step to conect the overcapacity Pa Land Use/Transportation Committee Page 2 July 2, 2012 C. D. � forecast. Chair Celski asked if the design for this project was done in-house or by a consultant. Mr. Mulkey stated that design was done by a consultant. Committee forwarded Option #1 as presented. Moved: Honda Seconded: Celski Passed: Unanimously, 2-0 10 Ave SW at SW Campus Drive Intersection Improvements — 100% Design Status July 17, 201� Report Consent Street Systems Project Engineer John Mulkey presented information on this item. There was no public comxnent. Committee member Honda said she had pursued an all-way stop on SW 330 St at 6 Ave SW between the Ridge and Campus Woods neighborhoods in the past. With the proposed project at 10 Ave SW and SW Campus Drive, Committee member Honda recommended staff re-evaluate her request for this all—way stop. City Traffic Engineer Perez responded that a concurrency analysis could be used to forecast the potenrial need for an all-way stop at SW 330 St at 6 Ave SW when traffic volumes warrant it. Chair Celski asked if the funds from the S 344`� St at Weyerhaeuser Way project could be redirected to the 10`� Ave SW at SW Campus Dr. Project to help with funding. Deputy PW Director Salloum stated the available funds from the Weyerhaeuser Way project will be redirected to other projects in the 2013-2014 Budget process and to the most appropriate project budgets. Chair Celski inquired about the likelihood of property acquisition for this project. Deputy PW Director explained at this rime the property owners are not responsive because they know that the City does not have the funds for project construction. Staff will wait until project funding becomes available to re-approach the property owners and negotiate property acquisition. Committee forwarded Option #1 as presented. Moved: Honda Seconded: Celski Passed: Unanimously, 2-0 Acceptance of Grant Funding for Transportation Improvement Projects July 17, 201� Consent City Traffic Engineer Rick Perez presented information on this item. There was no public comment or discussion. Committee forwarded Option #1 as presented. Moved: Honda Seconded: Celski Selection Process — 2012 Code Amendments Passed: Unanimously, 2-0 Principal Planner Margaret Clark presented information on this item. There was no public comment. Because of a missed publishing deadline and the public notice requirement for the public hearing process, this item may not be able to go to Council until the first meeting in September 2012. Chair Celski invited a member of the project team to address the committee. The property owner spoke on behalf of Ron Mitchell (Safety Senior) regarding the proposed zoning to allow senior housing in the Professional Office (PO) zone. The property owner encourages the City to become a hub for retired residents and presented his plan for continuing care retirement community for seniors who can move once to this coxnmunity and will never have to move again. Safety Senior is presently looking at a 2.5 acre parcel located at S 320�' St and 6�' Ave S that will contain approximately 76 units. Committee forwarded Option #1 as amended to forward further consideration of this request to a public hearing in either August or September 2012. Moved: Honda Secgnded: Celski Passed: Unanimously, 2-0 July/Aug 2012 Public Hearing G:�LUTC\LUTC Agendas and Summaries 2012�7-02-12 Minutes.doc Land Use/Transportation Committee Page 3 July 2, 2012 F. Selection Process — 2012 Comprehensive Plan Amendments Principal Planner Margaret Clark presented information on this item. Chair Celski invited the applicants to address the committee. (i) Ed Hoit shared the history of his parcel, family owned since 1903 as well as adjacent parcels now owned by Mr. Cleary and the Ciry (Dumas Bay Park). Steve Cleary, 3016 SW 300`�` Place, Federal Way — Mr. Cleary owns a parcel adjacent to Mr. Hoit's property (originally owned by Hoit family). Mr. Cleary as in support of comprehensive plan amendment for Hoit property as it will assist Mr. Cleary in being able to develop this properry. Mr. Cleary is requesting to be rezoned for a lot-line adjustment and is hoping that if Mr. Hoit's parcel is rezoned, he may purchase it and have a few buildable lots. Committee member Honda asked if utidities were available on this land. Mr. Cleary stated that power, water and sewer are available to this parcel. (ii) Mark Barrett, property owner and requestor of Comprehensive Pdan Amendment introduced himself and stated he was available to answer any questions from the committee. There were no questions. Mark Lindberg — Mr. Lindberg owns the property to the east of Mr. Barrett and is requesting that Mr. Barrett's rezone request from Single Family — High Density Residential (RS 7.2) to Multiple Family Residential (RM 3600), be made to his parcel as well. (iii) Gil Hulsman spoke on behalf on the Hildebrandt request. Mr. Hulsman stated that he had just recently received the staff report from the City and that he believes that staff has misunderstood the project submittal. Mr. Hulsman clarified the applicants desire to redevelop the subject land. Jesse Churion - Mr. Churion stated that he and Mr. Hildebrandt purchased the subject land with the plan to enhance the utilities to the parcel in hope of future development (commercial development). Mr. Churion would like to work with staff on devedoping this land into some type ofproject that would be beneficial to all. Frank Hasbargen, 3591 S 14`� Place S, Federal Way — Mr. Hasbargen likes his neighborhood and spoke in concern of potential increased in traffic associated with redevelopment as well as retaining properry values. Mr. Hasbargen is open to cottage housing development, but does not support thru-way connectivity to development to the north or other high density, multi family development. Colleen File-Shiefter — Ms. File Shiefter lives on the property south of the applicant and is also concerned about the increase in traffic with redevelopment of the subject parcel. Her street, S 359` St, has a rural feel to it and all neighbors really take pride in keeping up their homes and gardens. Ms. File-Shiefter doesn't feel the requested change in zoning would be harmonious to the existing neighborhood and hopes the committee will support her concerns. The committee members decided to rescind an initial morion and treat each of the three comprehensive plan amendment requests as three separate dtems. Moved: Honda Seconded: Celski Passed: Unanimously, 2-0 Regarding request (i), the Committee members were in conflict with their recommendations for this amendment request. Council member Kochmar asked why staff is suggesting the comxnittee recommend against this request. Ms. Clazk stated that the Ho� request is not consistent with the overall vision of the June 19, 201: Consent G:�LUTC�LUTC Agendas and Summazies 2012`7-02-12 Minutes.doc Land Use/Transportation Committee Page 4 July 2, 2012 City's comprehensive plan. Ms. Clark also noted that should this parcel transfer ownership at any point in the future, that future owner would be able to subdivide should the committee allow this request. As well, Ms. Clark confirmed that a BLA can still be accomplished with two parcels of differing zoning. Chair Celski asked the applicants to approach the dais. The applicant and committee members reviewed the surveyed site plans at the dais. Committee member Honda suggested more notice be given to surrounding neighbors and that this item be tabled to the next LUTC meeting for considerarion. Committee tabled 2012 Comprehensive Plan Amendment Request #1 to the August 6, 2012 LUTC meeting for consideration. Moved: Honda Seconded: Celski Passed: i7nanimously, 2-0 Committee forwarded 2012 Comprehensive Plan Amendment Request #2 as amended to include the Lindberg properry to the east to RM 3600. Moved: Honda Seconded: Celski Passed: Unanimously, 2-0 Committee tabled 2012 Comprehensive Plan Amendment Request #3 to the August 6, 2012 LUTC meeting for consideration. Moved: Honda Seconded: Celski Passed: Unanimously, 2-0 4. OTHER None. 5. FUTURE MEETING The next LUTC meeting will be Monday, August 6, 2012 at 5:30 PM in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 7:05 PM. Attest: COMMITTEE APPROVAL: Darlene LeMaster, Administrative Assistant II Bob Celski, Chair Jeanne Burbidge, Member Susan Honda, Member 5 G:�.LUTC`,LUTC Agendas and Summaries 201 Z\7-02-12 Minutes.doc COUNCIL MEETING DATE: September 4, 2012 _. .... _.. _. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT 21 S ` Avenue SW at SW 336`h St Intersection — 85% Design Status Report POLICY QUESTION Should the Council authorize staff to proceed with design of the 21 Avenue SW at SW 336`�' Street Intersection Project and return to the LUTC and Council at the 100% design completion for further reports and authorization? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ ' Ordinance ❑ Resolution STAFF REPORT BY: Brian Roberts, P. E., Street S MEETING DATE August 6 , 2012 ❑ Public Hearing Other DEP'[': Public Works Attachments: Land Use and Transportation Committee memorandum dated August 6, 2012. Options Considered: __ _ _ . ........._ ............._.......__........................................................................._..............................................�........_................_............._............._..........._......................_...._..._._..._........_......_�.....__....___._._..__..._....._._..__...._._....---� 1. Authorize staff to proceed with the design of the 21 S ` Avenue SW at SW 336`" St Intersection Project and return to the LUTC and Council at the 100% design completion stage for further reports and authorization. 2. Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. MAYOR'S RECOMMENDATION Mayor recommends forwarding Option 1 to the September 4 2012 City Council Consent Agenda for approval. MAYOR APPROVAL: Coucxil DIRECTOR APPROVAL: �� co��i COMM[TTEE RECOMMENDATiON Forward Option 1 to the September 4, 2012 City Council Consent Agenda for approvaL Bob Celski, Chair Jeanne Burbidge, Member Susan Honda, Member PROPOSED COUNC[L MOTION "I move to authorize staf�'to proceed with the design of the 21 Ave SW at SW 336`�` Street Intersection Project and return to the LUTC and Council at the 100% design completion stage for further reports and authorization. " (BELOW TO BE COMPLETED BY ClTY CLERKS OFFlCE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORD[NANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: August 6, 2012 Land Use and Transportation Committee Skip Priest, Mayor Brian Roberts, P.E., Street Systems Project Engineer Cary M. Roe, P.E., Director of Parks, Public Works an mergency Management ��/Ll✓'� 21 Avenue SW at SW 336'�' St Intersection — 85% Design Status Report BACKGROUND On November 15, 2011, the City Council reviewed design altematives for this project and selected the traditional intersection improvement alternative of constructing dual left-turn lanes eastbound and westbound and a right—turn lane westbound. This project will include access control along SW 336`�' Street and also install a new traffic signal west of the intersection to allow for left turn access into the businesses north and south of the roadway. Additional work will include utility relocation, storm drainage, paving, curb, gutter, sidewalk, street lighting, signing, channelization, and landscaping. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: • The Topographical Surveys • Right of Way Plan • Channelization Plans • Project Design to 85% • 1 st Project Open House • Preliminary Contract Specifications Ongoing Tasks Include: • SEPA Review • Right of Way Requirements (Property Appraisals, Review Appraisals, Negoriation and Acquisition) • 2" project Open House scheduled for September 2012 • Project Design to 100% PROJECT ESTIMATED EXPENDITURES: Design ROW Acquisition 2012 Construction Cost 10% Construction Contingency Construction Management TOTAL PROJECT COSTS AVAILABLE FUNDING: TIB Grant Budgeted City Funds Mitig TOTAL AVAILABLE BUDGET $ 600,000 650,000 3,300,000 330,000 435,000 $ 5,315,000 $ 3,360,000 1,859,000 109,527 $ 5,3?�8,527 COiTNCIL MEETING DATE: September 4, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUS.�c'r: Residential Open Space in the City Center and City Center Zoning Districts POLICY QUESTION Should the City amend the Federal Way Revised Code (FWRC) to reduce the minimum residential open space requirement from 200 square feet to 100 square feet per unit, add design standards for required open space, and adopt an optional fea-in-lieu standard for up to 50% of the open space requir�nent? COMMITTEE Land Use and Transportation CATEGORY: ❑ Consent ❑ City Council Business MEETING DATE August 6 , 2012 � Ordinance ❑ Public Hearing ❑ Resalution ❑ Qther STAFF REPORT BY: Senior Planner, Janet Shull, AICP DEp'1': Community and Economic _. �_._ �....___._�. __`__.__.�__...__ _.._._�_�_�� DeveloQment __ Background: The Planning Commission Work Program identified this particular amendment to the FWRC as a"high priority" item. The primary purpose �f the proposed code amendment is to reduce the overall open space requirement for residential development in the City Center zoning districts to a level that is more conducive to higher intensity, mixed use development. The Planning Commission conducted a public hearing on July 18, 2012 at the close of which they recommended to the council approval of the staff recommendation to amend the City Center-Core and City Center-Frame open space requirements. Attachments: 1) Draft Adoption Ordinance; 2) Staff Report to the Planning Commission with Exhibits A-F; 3) Draft Minutes of the July 18, 2012, Planning Commission Public Hearing. Options Considered: 1) Adopt the Mayor's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Mayor's recommendation as further amended by the Ci� 3ZDo not ad�t the . MAYOR'S RECOMMENDATION The Mayar recommends adoption of the proposed amendments as written in the Draft Adoption Ordinance. _ ^ . MAYOR APPROVAL: COMMITTEE RECOMMENDATION N/A COUI1C11 DIItECTOR APPROVAL: COUllCll Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (AUGUST 21 2012): "I move approval and enactment of the proposed orddnance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACI'ION Enactment readiug ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # K:�2012 Code Amendments�Residenrial Open space in CC distsricts\City Council�.Agenda Bill.doc 8 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to open space standards for multi-unit housing in the City Center- Core and City Center-Frame zoning districts; amending FWRC 19.05.150, 19.100.070, 19.115, 19.225.070 and 19.230.060 (Amending Ordinance Nos.10-658, 09-610, 09-593, 08-585, 08-583, 07-554, 06-542, Ob-515, 02-424, 97-291, 96-270, 93-170, 90-43) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and th� development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 1935 FWRC; and WHEREAS, it is in the public interest for the City Council to amend the FWRC related to open space for multi-unit housing in the City Center; and WHEREAS, recent proposals for multi-unit, mixed use development have had di�culty meeting the current open space standards; and WHEREAS, reducing the minimum requirement for open space will help encourage urban- scale mixed use development; and WHEREAS, design guidelines will address the quality of the required open space; and WHEREAS, a fee-in-lieu option provides for additional flexibility in meeting open space requirements; and Ordinance No. 12- Page 1 of 17 Rev I/10 LU 9 WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on July 6, 2012, and no comments or appeals were received and the DNS was finalized on August 3, 2012; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on July 18, 2012, and forwarded a recommendation of approval to the City Council; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findin�s. The City Council of the City of Federal Way makes the following fmdings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole because reducing the current open space standard to an amount that is more in line with urban, mixed use development will help encourage the type of development envisioned for the city center. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federad Way Comprehensive Plan (FWCP). (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) 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 l, the Federal Way City Council Ordinance No. 12- Page 2 of 17 Rev 1/10 LU 1� makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following FWCP goals and policies: EDG4 The City will channel further residential growth into existing multi-family and commercial-zoned areas, with a particular goal of encouraging residential development in the City Center. EDP6 The City will develop zoning, permitting, and potential financial incentives that encourage prioritized development consistent with comprehensive and subarea plans and orderly phased growth. EDP14 The City will continue to utilize design guidelines to enhance the urban environment to retain and attract businesses and residents. HP8 Consider the economic impact of all development regulations on the cost of housing. HG3 Develop a Comprehensive Plan and zoning code that provide flexibility to produce innovative housing solutions, do not burden the cost of housing development and maintenance, and diversify the range of housing types available in the City. CCG7 Encourage housing opportunities in mixed residentiaUcommercial settings. Promote housing opportunities close to employment. CCG13 Focus new growth, with resultant increasing demands for infrastructure and transportation in the City Center, specifically the core area. Allow for higher intensity uses for efficient use of land. Ordinance No. 12- Page 3 of 17 Rev I/10 LU 11 CCP3 Continue to support land use regulations that allow the higher intensity development expected over the next 15 to 30 years. CCP8 Provide incentives to encourage residential development in the City Center core area. CCP10 Continue to develop land use regulations that encourage the frame area to accommodate higher-density residential uses accompanied by residentially oriented retail and service uses. (b)The proposed FWRC text amendments bear a relationship to the public health, safety, and welfare because the text amendments retain the requirement for on-site open space for multi-unit development within the city center. While the amount of open space is proposed to be reduced, this reduction better relates to the type of residential units that will likely be de�eloped within the urban core setting. (c) The proposed FWRC text amendments are in the best interest of the residents of the City because the reduction in on-site open space required for multi-unit housing in the city center will remove an existing barrier to construction of residential development within the city center, thereby more readily accommodating future population growth in the city center. Additional residents in the city center will help support the local businesses and cultural attractions that the city wants to attract and retain. Section 3. FWRC 19.225.070 is hereby amended to read as follows: Ordinance No. 12- Page 4 of 17 Rev 1l10 LU 12 19.225.070 Multi-unit housing. The followin uses shall be ermitted in the ci center core (CC-C) zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART z DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS � Minimums � � Re uired Yards � ZONE w � � � � o � � �, CC-C a �; � o b � :�'° '�� USE w w a w v� w x� a a SPECIAL REGULATIONS AND NOTES Multi-unit Process II None Multi-unit 70 ft. or Multi-unit 1. The city may, using process III, modify required yazd, height, lot coverage, and other site design and dimensional housing housing: same as 200-ft. housing: requirements for a proposed development that meets the following criteria: (stacked Possible these regulations 1.7 per unit a The proposed development will be consi3ent with the adopted comprehensive plan policies for ihis zone; and dwelling Process for ground floor See notes b. The proposed development will be consistent with the applicable design guidelines; and units) III use 1 and 5 See note 16 c. The street, uuli6es, and other infrastructure in the area are adequate to support the proposed development. Senior citizen or 2. Chapter 19265 FWRC contains regulatior►s regazding home occupations and other accessories, facilities and activities Senior citizen See note special needs Mixed use associated with this use. or special 1 housin : development, 3. No setback is required adjacent to rights-of-way for senior citizen and special needs housing, when publicly visible needs 20 ft. 5 ft. 5 ft. senior citizen streetscape amea►ities, as defined in Chapter 19.�-13 Q5.190 FWRC, are located alongthe right-of-way; the siting and housing See notes i, 3, and special design of which shall be approved by the director. (stacked �d 9 needs 4. Multi-unit housing and accessory residential uses may be located onthe ground floor of a stmcture only as folbws: (a) dwelling housing: ground level space hat spans at least 80% of tlie length ofthe principal commercial fa�ade, as determined by the units) Determined director, is occupied with one or more other uses(s) aliov�ed in this zone; and (b) ground level space that spans at least on a case-by- 60% of the length of all other stree�facing facades is occupied with one or more other use(s) allowed in this zone; and case basis (c) all ground level nonresidential space(s) have a minimum floor-to-ceiling heigtt of 13 ft. and an average depih of 30 ft., but in no case less ihan 15 ft. However, stacked senior citizen or special needs housing may stand alone. 5. Building heigM may be increased from the permitted outright height of 70 ft. to 200 ft. in exchange for providing publicly visible streetsc�e amenities, as defined in Chapter �-1-319.05.190 FWRC, along ihe right-of-way; the siting and design of which shall be approved by the director. 6. The subject property must provide fesreaEienal usable open space in a total amount equal to at ►east �88 100 sq. ft. per dwelling unit and may include private �en spaces such as yards, patios, and balconies, as well as common o�en spaces a�s such as lp azas• playgrounds, recreation rooms, rooftop terraces, p-patches, pools, active lobbies, and atriums. �y 'A minimum of 25% of the usable open space provided must be common open space All eli�ible usable o�en �ace shall also meet the rey�srements specified in FWRC 19.115.115. A fee-in-lieu payment may be u6lized for up to 50% of the usable oQen space as specified in FWRC 19.115.115. Continued Process I, II, RI and IV aze described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. For details regazding required yards, see FWRC 19.125.160 et seq. r w Ordinance No. 12- Page S of 17 Rev 1/10 LU 19.225.070 Multi-unit housing. (Continued) USE ZONE CHART z DIRECTIONS: FIRST, read c�own to find use ... THEN, across for REGULATIONS p Minimums F� Re uired Yards � � � y ZONE � o � W '� CC-C a �a � � o� ��, . � � � � � o � :d � '� � � � SPECIAL REGULATIONS AND NOTES USE rx a .a w v� w x v� oG a 7. No maximum lot coverage is established Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, pazking lot landscaping, surface water facilities, etc. 8. For comm�mity design giridelines that apply to the projec; see Chapter 19.115 FWRC. 9. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 10. For sign requiremenu that apply to the project, see Chapter 19.140 FWRC. 11. Refer to Chapter 19.265 FWRC to determine what ott►er provisions of this chapter may apply to the subject property. 12. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 13. Single-story buiidings may not exceed a tdal ground floor area of 16,000 gross sq. ft., unless approved under the provisions of FWRC 19.110.080, or approved by the director for minor additions suoh as entry structures, lobbies, seating or dining areas, bay windows, a�►d similar features; provided that such addition(s) shall not exceed 1,000 sq. ft. per building in any one consecufive 12-month period 14. No more than 16,000 sq. ft. of new singl�story construction may occur on a subject propedy, excluding increases approved under tt►e provisions of FWRC 19.110.080 and minor additions approved by the director under note 13. 15. Multiple-story buildings are not subject to notes 13 and 14; provided that each floor contains at least 75% of the gross sq. ft. of the floor below it and contains a principal use(s) permiued in this zone. 16. Required parking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c), and (d). Process I, II, III and IV aze described in For other information about pazking and parking areas, see Chapter 19130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regazding requ'ved yazds, see FWRC 19.125.160 et seq. r � Ordinance No. 12- Page 6 of 17 . Rev 1/10 LU Section 4. FWRC 19.230.060 is hereby amended to read as follows: 19.230.060 Multi-unit housing. The followin uses shall be ermitted in the ci center frame (CC-F) zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGiJLATIONS v, Minimums p � Re uired Yards ; ZONE E"� ° a � � a � � ° � � � CC-F �' ���> �' o b � �� �� USE � �; a ,° w" v� w x� r� a SPECIAL REGULATIONS AND NOTES Mu16-unit Process II None MuIU-unit housing: 70 ft. Mu1G-unit 1. The city may, using process III, modify required height, yazd, landscape and other site design and dimensional requirements for a housing same as these or housing: proposed development that meets the following criteria: (Stacked Possible requirements for 85 ft. 1.7 per unit a. The proposed development will be consistent with the adopted comprehensive plan policies for Uus zone; and dwelling units) ProCess round flooT use b. The proposed development will be consistent with the applicable design guidelines; and III c. The sVeet utilides and other infrastruchue in t6e azea are adequate to support the proposed development. Senior citizen or See notes See note 17 2. Multi-unit housing and accessory residential uses may be located on the gound floor of a strucbue only as follows: (a) ground level Senior Cltizen speCial needs 1, 4, and space Wat spans at least 60 percent of the length of the principal commercial fapade, as detemuned by the director, is occupied with one and special See note housing: 5 Mixed use or more other uses(s) allowed in this zone; and (b) gound level space that spans at least 40 percent of the length of all other street-facing needs housing 1 20 ft. 5 ft. 5 ft. development, facades is occupied with one or more other use(s) allowed in this zone; and (c) ail ground level noaresidential space(s) have a minimum (Stacked See notes l, 5, 8, and sCnio[ Citizen floor-to-ceiling height of 13 ft. and an average depth of 30 ft., but in no case less than 15 ft. Stacked senior citizen or special needs dwelling units) 1 p and special housing may stand alone. tteeds 3. FWRC 19265.010 et. seq., contains regulations regazding home occupations and ot6er accessories, facilities and activities associated housing: "" �`s use. 4. Building height may be increased from the permitted outright tieight of 70 ft. to 85 ft. in exchange for providing publicly visible Determitted streetscape amenides, as deSned in Chapter �9:-1-�� 19.05.190 FWRC, along the right-of-way; the sifiug and design of which shall be on a CaSe-by- approved by We director. Case basis 5. Structures on property that adjoins a residential zone shall be set back a minimum of 20 ft. from the property line adjacent to the residential zone. The height of structures shall not exceed 30 ft. above average building elevation when located between 20 ft. and 40 ft. from the adjacent residentially-zoned property line, and �all not exceed 40 ft. above average building elevation when Iceated between 40 ft. and 100 ft. from such property line. 6. The subject property must provide reereaEieaal usable open space in a total amount equal to at least �99 100 sq, ft. per dwelling unit and may include private ocen spaces such as yards, patios, and balconies, as well as common ocen spaces ereas such as p�azas. playgrounds, recreation rooms, rooftop terraces, p-patches. pools, active lobbies, and atriums. '. A minimum of 25% of the usable open soace �rovided must be common open space All elieible usable ooen space shall also meet the reguirements specified in FWRC 19 115 115 A fee-in-lieu �t�on is available for uu to 50% of the usable open �pace as speciSed in FWRC 19 115 115 Continued Process I, II, III and IV aze described in For other informarion about parking and pazking areas, Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regazding required yazds, see FWRC 19.125.160 et seq. Ordinance No. 12- Page 7 of 17 . Rev 1/10 LU 19.230.060 Multi-unit housing. (Continued) The followin uses shall be ermitted in the ci center frame (CC-F) zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS v� Minimums p o Re uired Yards � Z�NE � � � 3 N � � � � � CC-F �' ���> �' o b � � ��� USE a � a a w v� a x� a a SPECIAL REGULATIONS AND NOTES 7. No maximum lot coverage is establisLed. Instead, the buildable area will be determined by other site development requirements; i.e., buffers, parking lot landscaping, surface water facilities, etc. 8. No setback is required azljacent to rights-of-way for senior citizen and special needs housing, when publicly visible streetscape amenities, as defined in Chapter 19.115 FWRC, are located along the right-of-way; the siring and design of w6ich shall be approved by the director. 9. For community design guidelines that apply to the project, see FWRC 19.115 FWRC. 10. For landscaping requirements that apply for the project, see Chapter 19.125 FWRC. 11. For si� requirements that apply to the project, see FWRC 19.140 FWRC. 12. Refer to FWRC 19.265.010 et seq. to c�termiue what other provisions of this c6apter may apply to t6e subject property. 13. For provisions that relate to the keeping of animals, see FWRC 19.260.010 et seq. 14. Single-story buildings may not exceed a total ground floor area of 16,000 gross sq. ft., �mless approved under the provisions of FWRC 19.110.080, or approved by the director for minor additions such as entry structures, lobbies, seating or dining azeas, bay windows, and similar features; provided that such addition(s) shall not exceed 1,000 sq. ft. per building in any one consecutive 12-month period. 15. No more than 16,000 sq. ft. of new single-story consiruction may occur on a subject property, increases approved under the provisions of FWRC 19.110.080 and minor additions approved by the director under note 14, above. 16. Muldple-story buildings aze not subject to notes 14 and 15, above; provided that each floor contains at least 75 percent of the gross sq. ft. of the floor below it and contains a principal use(s) permitted in this zone. 17. Required parking may be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c), and (d). Process I, II, III and N aze described in For other information about pazking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regazding required yards, see FWRC 19.125.160 et seq. r rn Ordinance No. 12- Page 8 of 17 Rev 1/10 LU Section 5. FWRC 19.115 is hereby amended to add a new section to read as follows: 19 115 115 Desi.gn criteria for residential usable o�en space and fee-in-lieu ovtion. The followin�guidelines a�lv to residential usable o�en space that is develoved vursuant to FWRC 19.225.070 and 19.230.060. (1) COMMON OPEN SPACE• All common o�en �ace proposed under this section shall meet the definition of "o�en space common" as set forth in this title and all of the followin� criteria: (a) In order to be credited toward total residential usable open space common onen snace must be a minimum of 225 s� ft and have a minimum dimension of 15 ft The inclusion of additional conti�uous oven space areas that have smaller dimensions but enhance the use and enjovment of the overall lar�er �ace mav be credited toward the overall minimum usable onen space requirement subiect to director �proval. �b) Indoor common areas such as recreation/workout rooms swimmin�pools, and �atherinQ spaces that meet the criteria of this section mav be counted as common open space subiect to the criteria in this section. �c) The common o�en space shall be readilv visible and accessible from structure(sl with entries to residential units. (d) T'he common o�en space shall not be located on a�halt or gra� vel pavement or be adiacent to unscreened �arking lots chain-link fences or blank walls and mav not be used for narkin�, loadinQ, or vehicular access. (el Pedestrian access wa�s shall onlv be counted as common open space when the pedestrian path or walkwav traverses a common �en s�ace that is 15 ft. or wider. �fl The common o�en space shall be sufficient� designed and appointed to serve as a maior focal �oint and ag thering,�place Common open �aces shall include a si�nificant number of nedestrian-oriented features furnishin�s and amenities tvnically found in �lazas and recreational open space such as seatin� or Ordinance No. 12- Page 9 of 17 Rev 1/10 LU 17 sitting walls li�hting weather protection special paving landscaping and trash recevtacles. In addition. the common open s�ace � should provide one or more si�nificant visual or functional amenities such as a water feature fire�lace and/or artwork and should allow for active uses such as phvsical exercise. children's play area ag thering area for group social events and p-patch or other �ardenin� activitv. �2) PRNATE OPEN SPACE• In order to be credited toward total residential usable oven svace, �rivate �en s�ace must be a minimum of 48 sq ft and have a minimum dimension of 6 ft. �3) PUBLICLY ACCESSIBLE OPEN SPACE� Publicl�accessible open spaces vrovided on site may be credited toward the minimum residential usable open space requirement as lon� as the ouen �ace is directly accessible to and available to residents for their use Only the portion of the nublic onen �ace directiv accessible to and available to residents for their use mav be credited toward the residential usable �en s�ace requirement. (4) FEE IN LIEU OPTION• A fee-in-lieu pavment may be rrtade to satisfv un to 50% of the residential usable open space requirement for the devel�ment of public parks and recreation improvements Fee-in-lieu acce�tance shall be at the discretion of the Parks Director after consideration of the citv's overall �ark plan and the qualitv location and usability of the open space that would otherwise be �rovided on the�ro�ect site If the citv determines that a fee-in-lieu is anvropriate, a navment of an equivalent fee-in-lieu of the rec�uired o�en s�ace shall be made. The fee in-lieu of open space shall be calculated based on the most recent assessed value of the subject pro�erty or an a�praisal conducted b�a state-certified real estate aunraiser. If the anulicant offers to �av fee in lieu of open space and if the citv acce�ts the offer the amount shall be determined based upon the square foota�e of o�en space that otherwise would have been required to be nrovided, multinlied by the then current market value ner sc�uare foot of the property Bv choosin� the fee-in-lieu �tion the a�plicant a�rees that the city will not be restricted to using the fees in the vark comurehensive �lannin� area that the subject �roperiy fa11s within and that thev mav be used for nark and recreation im�rovements in any of the�ark comprehensive planning areas that serve the Citv Center-Core and Citv Ordinance No. 12- Page 10 of 17 Rev 1/lOLU 18 Center-Frame zoned areas. See also FWRC 19.100.070. Section 6. 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), (11(c)• and (3)(b) of this section, the following describes when such fees shall be calculated and paid: (1) Open space fee-in-dieu. (a) As provided in FWRC 18.55.060 and 19.115.115, a �4 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 multifamil, d�o�ments in the city center-core and citvi center-frame zonin� districts, unless deferred as noted below. The fee shall be calculated based upon the square footage of open space which otherwise would have been required to be provided multiplied by the subject property's assessed or appraised value. (b) For those residential land divisions vested prior to July 2, 2015, open space fees-in-lieu may be deferred, but shall be paid no later than the closing of sale of each individual house or five years from deferment of the fee, whichever is earlier. Covenants prepared by the city shall be recorded at the applicant's expense on each lot at the time of plat recording to enforce payment of deferred fees. The fee shall be calculated at the time of plat recording and divided equally among all newly created lots. The fee shall be calculated based upon the square footage of open space which otherwise would have been required to be provided multiplied by the subject property's assessed or appraised value. As consideration for the ability to defer open space fee-in-lieu payments beyond plat recording, the applicant agrees to waive the right to interest and/or a refund if payment is not expended within five years of collection. �) For multifamilv developments in the city center-core and citY center-frame, oaen snace fees- in-lieu m� be deferred but shall be paid no later than the completion of construction and prior to receipt Ordinance No. 12- Page 11 of 17 Rev I/10 LU 19 of certificate of occupanc ��/a�roval to occu�Y for each floor or each buildin�phased, or five vears from the recordin� of the deferment covenants whichever is earlier. Covenants prepared by the citv shall be recorded at the a�plicant's expense ,�rior to buildin� vermit issuance to enforce pavment of deferred fees The fee shall be calculated at the time of recordin�of the covenants and shall be divided equallv amon�all residential units within the project The fee shall be calculated based upon the square foota�e of open space that otherwise would have been required to be �rovided multi�lied by the subject propertv's assessed or a�praised value As consideration for the abilit�! to defer o.pen s�ace fee-in-lieu payments beyond building�ermit issuance the a�licant agrees to waive the right to interest and/or a refund if pavment is not expended within five vears of collection. (2) Regional stormwater facility fee-in-Zieu. 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 impactfee. Unless the use of an independent fee calculation has been approved, or unless a development agreement entered into pursuant to RCW 36.70B.170 provided otherwise, the fee shall be calculated and paid per the following: (a) For residential land divisions, fees shall be calculated and paid at the time of plat recording. For unplatted single-family residential lots, commercial and multifamily 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. Ordinance No. 12- Page 12 of 17 Rev 1/10 LU 2� (b) For residential land divisions and unplatted single-family residential lots, the transportation impact fee may be deferred, but shall be paid no later than the closing of sale of each individual house. Covenants prepared by the city to enforce payment of the deferred fees shall be recorded at the applicant's expense on each lot at the time of plat recording for residential land divisions and prior to building permit issuance for unplatted single-family residential lots. The fee shall be calculated based on the impact fee schedule in effect on the date of payment of the impact fee. (Ord. No. 10-658, § 6, 5-18-10) Section 7. 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. "O�ce 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 similaz 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. "O�ce zones " mean the PO, OP and CP-1 zoning districts. "O�cial notification boards of the city" means the bulletin boards in the public areas of City Hall and other public locations as designated by city council. "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 Ordinance No. 12- Page 13 of 17 Rev t/10 LU 21 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 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 for aQricultural production for active and �assive recreation and/or for nrovidin� other public benefits In certain cases open space mav refer to both outdoor and indoor spaces that �rovide active or �assive recreational amenities for a devel�ment's occupants or users. "Open �ace common " means open space which is normall�utilized bv the occupants of a building or ro e "Open space, private," means ee�te� open space, the use of which is normally limited to the occupants of a single dwelling "Open space, public," means open space owned by a public agency and mainta.ined by it for the use and enjoyxnent of the general public. "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 inean higher high tide for salt water and the line of inean high water for fresh water. In any stream where neither mark nor mean high water can be Ordinance No. 12- Page 14 of 17 Rev 1/10 LU `�i 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 capable of being mounted on a chassis or bogie for movement by truck, trailer, railcar, or ship. T'his 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. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-593, § 24, 1-6-09; Ord. No. 08-585, § 3(Exh. A), i 1-4-08; Ord. No. 08-583 § 3(Exh. A), 10-21-08. Code 2001 § 22-1.15.) Section 8. Severabilitv. 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 any other persons or circumstances. Ordinance No. 12- Page 15 of 17 Rev ]/10 LU 23 Section 9. 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 be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of , 20_ CITY OF FEDERAL WAY MAYOR, SKIP PRIEST .r ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 12- Page 16 of 17 Rev 1/IOLU 24 K:�2012 Code Amendments�Residential Open space in CC distsricts\City Council\072312 Ordinance.doc Ordinance No. 12- Page 17 of 17 Rev 1/10 LU 25 � � "� ��III�� �Irl� IU�I�I '��� ♦ � STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way Revised Code (F`'�JRC) Chapter 19.05, "Zoning and Development in General," Chapter 19.100, "Mitigation af Development Impacts," Chapter 19.115, "C�mmunity Design Guidelines," �hapter 19.225.070, "Multi-Unit Housing - City Center-Core," and 19.230.060, "Multi-Unit Housing - City Center-Frame" �'ile No. 12-12109-00-UP Public Hearing of July 18, 2012 I. BACICGROUND - In �reeentyears, the City of Federal Way has receiVed dev�lopmeiit proposals for h'igh-rise, tnixed- use.devetopment within the City Center, specifically tlie City Center-Core (CGC}. In these cases, the application of the minimum 200 square feet per unit of usabl� o��n space resulted in a required open space area that' exceeded the size of the building site. The cunent open space requirement is inconsistent with the type of higher density, mixed use develapment envisioned for a thriving urban center. The requirement of 200 square feet per unit is higher than what is typically required in otfier cities that allow high-rise, mixed-use development. In 201A, staff reviewed the open space� requirements for the Community Business (BC) zoning district and the Planning CommisSion recommended a reduction from 300 square feet per unit to 150 square feet per unit due to similar circumstances where multi-unit housing is only allowed in mixed use devetopment. The City Counci} adopted the proposed change to open space in the BC zone. With the BC code amendment; there is currently a lesser open space requirement in the BC zone than in the CC-C and CC-F zones. As anticipated, development intensity is greater in the CC zones and it makes sense to consider a reduction to the open space requirement in the CC zones. The Planning Gommission is being asked to review the proposed changes to Federal Way Revised Code (FWRG) Title 19 (Exhibits A-E�, and forward a recommendation to the City Council's Land Use/Transportation Committee (LUTC) and City Council. This proposed code revision is listed as a "High Priority" in the Planning Commission's 2012 work program. II . ANALYSIS OF PROPOSED CODE AMEIVDMENTS The proposed amendments to the FWRC Title 19, "Zoning and Development Code," would reduce the minimum amount of required on-site open space. In addition, design guidelines for the on-site open space are proposed that would emphasize quality over yuantity and help ensure that on-site open space is usable. The design guidelines allow for a range of spaces that can be counted as FWRC Code Amendments — Open Space in CC zones July 18, 2012, Planning Commission Public Hearing File 12-102109-00-UP Page 1 of 4 26 usable open space, inc}uding rooftop terraces, private balconies, indoor spaces, and a fee-in-lieu opti�n for up to 50% of the open space requirement. In d�veloping the proposed amendments, staff reviewed the urba� open space development standards of other cities that allow for high rise mixed use development. In addition, a good sum.mary of open space requirements in other local cities is contained in a paper prepared for the Municipal Research and Services Center (MRSC) by Bob Bengf�rd of MAKERs (Exhibit F�. The following sectians provide summaries of each of the proposed code amendments. The pro�osed text is enclosed in Exhibits A-E. Proposed Code Amendments 1. Recommended modification to Multi-Unit-Use Zone Charts for CGC and CC-F zoning districts. , This proposed amendmentwould reduce the usable open space requirement from a nninimum of 200 square feet per unit to 100 square feet per unit, or one half of the current requirement. The proposed reduction is more in line with mixed use high rise development. In higher density urban developments there are typically multiple uses along with structured parking, teaving littte to no�open s�3aee�avazlable at the ground le�e�: In this type of development, usable open space is often provided by a combination of: open space at ground level or above. parking sttvctures; balc.onies; roof top terxaces; and sometimes indoor recreation or gathering spaces. Along with the proposed reduction in total open space, the use zone charts refer to a new section in the "Community Design Guidelines" chapter of Title 19 that specifies considerations and options for etigible usable open space, including a fee-in-lieu option for up to 50 percent of the required open space (Exhibits A and B). 2. Recommended modifications to FWRC 19.115, `°Community Design Guidelines," to add a new section that provides design guidelines for residential usable open space for multi-unit housing in the CC-C and CC-F zones. In reducing the overall open space standard, emphasis should be placed on quaIity and usabiiity of the open space provided. For that reason, a new section in Chapter 19.115, "CommuniTy Design Guidelines," is proposed. This section provides recommended minimum sizes and dimensions for private and common open space areas to be considered "usable." It also specifies when on-site public open space provided for the benefit of all site users and the general public may be credited toward the residential open space requirement. The design guidelines specify the types of amenities that should be included in common open spaces to make them engaging, and provides a suggested range of appropriate activities, including recreation, gathering places, play areas, and gardens. To provide additional flexibility, a fee-in-lieu program is proposed. A maximum of 50% of the total open space requirement may be met with the fee-in-lieu option in order to ensure there is always usable open space available on-site. The fee will be calculated based on the assessed or appraised value of the land where the project is situated, and the fees collected will be expended on park facilities within the parks planning areas that coincide with the city center zoned areas (Exhibit C�. FWRC Code Amendments — Open Space in CC zones July 18, 2012, Planning Commission Public Hearing File 12-102109-00-UP Page 2 of 4 27 3. Recommenc3ed modifications to FWRC 19.05.150, "Definitions." This proposed amendment modifies the current definitions of "open space" and "private open space," and adds a new definition for "common open space." The intent of these modifications is to make the definitions more consistent with the way they are referenced throughout Title 19 (Exhibit D}. 4. Recommended modifications to FVVRC 19.100.070, "Mitigation of Development Impacts: ' The last proposed code amer�dment in- conjunction with the modification to on-site open space in the city center zones is to the "Mitigation of Development impacts" section. This modification specifies the timing of payment of fces-inrlieu for o.pen space related to residential development in the city center, It also provides a. provision for deferring the fee- in-lieu payment to the time the units are occupled, similar to that provided for residential subdivisions (Exhibit �. II . PROGEDURAL SUMMARY 6/29/12: Public Notice oF7/18/12 Planning'Commissi:on.public hearing published and posted 7/6/l2: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 7/20/12: End of SEPA Comment Period 8/3/12: End of SEPA Appeat Period III. PUBLIC COMMENTS No comments were received as of the date of.this report. IV. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the proposed zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendments meet the criteria established in FWRC 19.80.130. 3. To forward a recommendation to the City Council regarding adoption of the proposed zoning code te� amendments. FWRC Code Amendments — Open Space in CC zones July 18, 2012, Planning Commission Public Hearing File 12-102109-00-UP Page 3 of 4 28 V. DECISIONAL CRITERIA FWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning:text amendments with the criteria provided by this chapter. The city may amend the text of the FWRC only if it finds that: 1� The proposed amendments are consistent with the applicable provisions o# the comprehensiWe plan. The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Pla�z (FWCP) policies and goals: EDG4 The Ciry will channel further residential growth into existing multi family and commercial-zoned areas, with a particular goal of encouraging residential develop�nent in t�ie City Center. EDP6 The �ity will develop zoning, permitfing, and potential financial incentives that encourage prioritized development consistent with comprehensive and subarea plans and orderly phased grnwth, EDPl4 The Cit}� wi11 continue to utilize. design guidelines to enhat�ce the urban environmen� to retain and atiract businesses and r. esidents. HP8 Consider the economic impact of all.development regulations on the cost of housing. HG3 Develop a Comprehensive Plan and zoning code that provide flexibility to produce innovative housing solutions, do not burden the cost of housing development and maintenanee, and divers� the range of housing rypes available in the City. CCG7 Encourage housing opportunities in mixed residential/commercial settings. Promote housing opportunities close to empdoyment. CCG13 Focus new growth, with resultant increasing demands for infrastructure and transportation in the �'ity Center, spec�cally the core area. Aldow for higher intensiry uses for efficient use of land. CCP3 Contir�ue to support land use regulations that allow the higher intertsity development ezpected over the next IS to 30 years. CCP8 Provide incentives to encourage residential devedopment in the City Center core area. CCPIO Contitrue to develop land use regulations that encourage the frame area to accommadate higher-densiry residential uses accompanied by residentially oriented retail and service uses. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. FWRC Code Amendments — Open Space in CC zones July 18, 2012, Planning Commission Public Hearing File 12-102109-00-UP Page 4 of 4 29 The proposed FWRC text amendments bear a substantial relationship to the public heaith, safety, and welfare because the text amendments retain the requirement for on-site open space for multi-unit development within. the city center. While the amount of open space is proposed �o be reduced, this reduction better ��elates to the type of residential units that will likely be develc�ped within the urban core setting. 3. The proposed amendments sre in the best interest oF the residents of the city. The proposed FWR.0 text amendments are in the best interest of the residents of the oity because the reduction in on-site open s.pace required for multi-unit housing in the city center wi11 remove an existing barrier to construction of residential development within the city center, thereby, more readily accommodating future population growth in the city center. Additional residents in the city center will help support the local businesses and cultural attractions that the city wants to amact and retain. V. STAFF RECOMM�NDATION Based on the ,a.bove: staff.analysis and decisional criteria staff recommends tliat the following amendments to FWRG Title l9, "Zoning and Development Code," be recommended for approval to the Land Use/Transportation Gomxnittee (I..UTC) and City Council. 1, Modifications to FWRC 19.225.070, 19.230.060, 19.05.150, and 19.100.070, and the addition of FWRC 19.11:5.XXX, as identified in Exhibits A-E. �+ XHIBITS Exhibi[ A — FWRC 19.225.070, Modifications to Use Zone Chart: CGC "Multi-Unit Housing" Exhibit B — FWRC 19.230:060, Modifications to Use Zone Chark: CC-F "Multi-Unit Housing" Exhibit C— FWRC 19.115.XXX, New Section in Chapter 115 "Community Design Guidelines" Exhibit D — FWRC 19.05.1 S0, Modifications to Defittitions of "Open Space," "Common Open Space," and "Private Open Space" Exhibdt E— FWRC 19.100.070, Modifications to "Mitigation of Development Impacts" Exhibit F— MRSC Paper on High Density Open Space by Bob Bengford ofMAKERs FWRC Code Amendments — Open Space in CC zones July 18, 2012, Planning Commission Public Hearing File 12-102109-00-UP Page 5 of 4 30 19.225.070 Multi-unit housing. The following uses shall be permitted in the z DIREC O F � N � � o W 0. a � 3 '� :: USE a � housing read down to find � � � o� o � .v � �, � a w � x s� ne Muiti-unit 70 ft. or housing: same as 200-R. these regulations for ground floor See notes use 1 and 5 Senior citizen See note or speciai l �enior cmzen or specialneeds w """""� See notes 1, 3, � (stacked and 9 dwelling EXHIBIT A center core (CGC) zone subject to the regulal USE ZONE CHART � � � �� a. �e cG a and notes set forth in this ZONE CC-C SPECIAL REGULATIONS AND NOTES Multi-unit 1. The ciry may, using process III, modify required yard,height, lot coverage, and other site desi� and dimensionai housing: requirements for a proposed development that meets the following criteria: t 7 per unit a The proposed developmenTwill be. coasisent with the sdopted comprehensive plan policies for diis zone; and b. The proposed developmentwiTl be. consistent with the applicable design guidelines; and See note 16 a'The street, utilifies, and oifier.infrastructure in.the area are adequate to support the proposed development. 2. Chapter 19.265 FWRC contains, rogulatio� regarding home occupations and other aecessories, facili6es and activities Mixed use associated with this use. development, 3. No.setback is required adjacent-to. rights-of-way for senior citizen and special needs housing, when publiciy visible senior citizen streetscape amwities; as defined in Chap2er i9.�-F-S 05.190 FWRC, are located along the right-of-way; the siting and and special design of which shall he approved b}� the director. needs 4. Multi-unit housing,and accessory r�sidentiatuses may bo locaud onthe gound floor of a suucture only as foltows: (a) housing: ground level space �at, spans at leasf 80'�0 of the length of the piincipal commercial fa�ade, as determined by the Determined director is occupied wifh one or more other uses(s) alloHed in this zone; end (b) ground tevel space that spans at least on a case-by- 60°/a of the length of aU other street facing facades is occupied with one or more other use(s) allowed in this zone; and case basis (c) a11 ground level nonresidenial space(s). �eave a mi4imum floor-to-ceiling heigti of 13 ft. and an average depth oY 30 ft., but in no case less ittan 15 ft. However; stacked senior citizen or special needs housing may st�d alone. 5. Building height'may, bC increased from thepermitted outrighf height of 70 8: to 200 ft. in exchange for provit5ng publicty visible streetsc�e amenities, as defined in Chapter �S 19.05.190 FWRC, along the right-of-way; the siting and design of which ghall be approved by the director. 6. The subject property must provide �esreat�esel usable open space in a total amount equal to at least 388100 sq. ft. per dwelling.unit andmay. inclyde private ocen spaces such as yards, patios, and balconies, as weD as common open soaces ar�as such as plszas. playgrounds, recreation rooms, rooftopterraces, A_D$tCkgs,,poo]s,.active.Lobbies, and,atrinms, tk�+y 'A Rocess I, IT, Q[ and N are described in � For other information about parking end packing areas, sea Chapter 19.130 FWRC. Chaptu� 19.55 FWRC, Chapter 19.60 F WRC, Pa details of what may exceed this height limit, seo FWRC 19.110.050 et saq. Chaptor 19.65 FWRC, For details re m uired ards, see FVVRC 19:125.160:ot soq Chapter 19 70 FWRC respactively B�Td� 8�9 Y K:�2012 Code AmendmenalResidenriel Open apaco in CC disrsrias�Yianning Commieaion�cFubit A I9-225-070 Mul6-Unit Hauing-rovised.6.doe w N 19Z25.070 Multi-unit housing. (Continued) USE � ll1KEC" O � F C�7 � W b �. a �s .� > a� m to tma use ums Yar� � � � � .� w 'v��i a�G USE ZONE'CHART across for REGiJLATIONS � o� �� _ °° «� �_ � � � � h � 0. ZONE CC-C SPECIAL REGULATIONS AND NOTES 7. No maximum lot coverage is established. Instead; the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, eta 8. For community design g�delines that appty to: the projecS see Chapter 19:115 FWRC. 9. Foi landscaping requiremenu that aQ.ply to:the project, see Chapter 19.125 FWRC. 10. For sign requirements that apply. to ihe project, sse Chapter 19.140 FWRC. 11. Refer to Chapter 19.265 EWRC to determine what other provisions of this chapter may apply to the subject property. 12. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 13. Single-story buildings may not exceed a tatal ground floor area of 16y000 gross sq. R, unless approved under the provisions of FWRC 19. T 10.080, or appFoved by the d'irector for minor additions such as entry structures, lobbies, seating or dining areas, bay windows, and similar featuies; provided that such addition(s) shall not exceed 1,000 sq. ft. per bwiding in any one consecutive 12-month period 14. No more than 16,000 sq. R, of new singla�story construction may occur on a.subject property, excludingincreases approved tmder the provisions of FWRC.19.1111.080 aad minor additions approved by the director under note 13. 15. Mulriple-storp buildings are not subject to.aotes l3. and 14; provided that each floor contains at least 75% of the gross sq. ft. of the floor below it and contains a principal use(s) permitted in this zone. 16. Required parking cnay be reduced under the provisions of FWRC 19.130.020(3)(a), (b), (c), and (d). Process ], II, III and IV are descnbed in Chapter 19.55 FWRC, C6apter 19.60 FWRC, Chapter 19.65 FWRC, ChaDter 19.70 FWRC respectively. For other information about parking and parking areas, set Ehapter 19.130 FWRC. For details of what may acceed tliis height limit,'see F WRC 79.110.050 et seq. For details regazding required yards, see FWRC 19.125.160 et seq. K:�Z072 Cade Amendments�Residrntid Opan spue in CC distsrias�Planning Commiesionlachibit A 19-225-070 Mui6-Unit Housing-revisad.6.doc E)(HIBIT � 19.230.060 Multi-unit housing. The followin uses shal] be ermitted in the ci center frame (CC-F) zone sub'ectto the re ulations and notes set forth in this section: USE ZONE C�IART . DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS v1 Minimums p " Re uired Yazds E „ � � Z�� ,. ^ a ' � 3 � � ° 3 :� � C�-F ; �- � � � � �,� �X USE � a a ,� w v� a x� a a SPECIAL REGLTLATIONS 9ND NOTES Mul6-unit IProcess II Possible uniu) Process III Senior citizen and special Sce note w needs housing t W (stacked dwelling units) Multi-unit h0using: 70 ft. Multi-unit 1. Thc city may, using process III, modify ra►uired height, yard, landscape and other site design and dimensional requ'uements for a Ssme as these or housing: PT�sed development that meets t6e following criteria: requirementS fOr 85 ft. 1.7 per unit a� The proposed:development will be consistent with the adoptad comprehensive plan policies for tlris zone; aad outtd fl00r USe b. The proposed developmentwill be cansistent with the applicable design guidelines; and c The street utiliNes and ottter infrastru6Nre in tlie area are adequate ro suppoR the proposed development. Senwr cmzen or specia! needs housin : 20 ft. 5 ft. 5 ft. See notes 1, 5, $, and 1Q SCe nOtes See note 17 Z, Multi-unit housing and accessory residenfial uses may be located on the ground floor of a structure only as follows: (a) ground level 1, 4, 8nd space thaz spans at least 60 percent of the le�gtli of the principal commercial faqade, as determincd by the director, is occupied with one 5 MiXed use or more other uses(s) allowed in this ione; and (b) ground level spacethaz spans atleast 40 percent of the length of all other street-facin� development, facades is occupied with one or more other'use(s) allowed ie this zone; and (c) all ground level nonrosidential space(s) have a minimum senior citizen floor-to-ceiling height of 73 ft and en avera�eidepth of 30 ft., but in no case less than 15 ft. Stacked senior ci6zen or special needs and Special housing may stand alone. n6eds 3• FWRC 19:265.010 et. saq.,'contains regulations regarding hrnne occupadons and otha eccessories, facilities and activities associated with this use. hOUSing: 4. Building height may be increased fromtNe peruiitted outright height of 90 ft. tp 85 ft. in exchange for providing publicly visible Determined streetsoape arnenities, as defined in Chapter �9-H-S 19.05.190 FWRC, al�g the right-of-way; the siring and design of which shall be An a CaSe-by- approved by thc director. ca5e basis 5. Structures on propeRy xhat adjoins a residendal zone Shall be setb8ek a minimum of 20 ft: from the property line adjacent ro the residential wna. TLo- 6eight of struaures shall not excaed 30 ft, above average building elevation when located bstween 20 ft and 40 ft. firom the adjacenf rasidentially-zoned property line, and shall not exceed 40 R. above average building elevation when loceted between 40 ft and 100 ft. from such property line. 6. The subject property must provide Aeereatienel usable open'space in a total emount equal to at least �80 0}�f sq. ft. per dwelling unit and may include privaze ODen spaces such asyaTds; patios, and balconies, as well as comman o oea soaces eraes such as Ig azas. alavvrounds. recroation rooms, rooftop terraces, a-nauhes: pools, aaive lobbies, and atriums. - -. ... Process I, R, III and IV are descriDed'in �— For other information about parking and pazking areas, Chapter 19•1,30 FWRC. Chapcer 19.55 FWRC, Chapter 19.60 FWRC, For details of what may exceed this height liaut, sa FWRC 19.110.050 et seq. Chapter 19.65 FWRC, g� ����$ ngerding reqaired yards, see FV✓RC 19.125.160 et seq. Cha ter'L9.70FWRCrespectivel . K:�Y012 Code AmendmentaVtesidentid Open spece in CC distrricts�Planning Commiwla��Exdibit B 19-230�060 Multi-i]nit Houeing-rovisod.6.doe 19.230.060 Multi-unit housing. (Continued) W �P The followin uses shall be ermitted in the ci center frame (CC-F zone sub'ect to the re lations and notes set forth in this secrion: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS m Minimums p o R uired Yards � ZO � Q °� s r .� a" d ° o�' 'O �' Ci.—F p ,�� ; � � �e C� o. �� � c u, 'ea � �� ' USE a a� ,g w � � x� a n�. SPECIAL REGULATIONS AND NOTES 7. No roaximum lut coverage is established Instead, the buildable area will be deterntined by other site devalopment requiremenu; i.e., bu�'ers, pazking lot landscaping, surface water facilides, etc. 8. No setback is required adjacent to rights-of-way for senior citizen and special needs housing, when publidy visible sueetscape amenities, as defined in Chapter 19. U 5 FWRC, are located along the right-of-way; the sidng and design of which shall be approved by the director. 9. For community design guidelines that apply to the projecF see FWRC 19:115 FWRC. 10. For landscaping requirements Shat apply for the project, see C6aptw 19.125 FWAC. I 1. For sign requirements that apply ro the project, sae FWRC 14:140 FVJRC. 12. Refer to FWRC 19165A10 et seq, to delermine what other provisions of thia: chapter may appty to the subject property. 13. For provisions that relate to the keeping of animals, see FWRC 19.260.010 et seq. 14. Single-story buildings may not exceed a tot� groand floor azea of 16,000 goss sq. ft., unless approved underthe provisions of FWRC l9: R0.080, or approved by the director for minor addirions such as enhy structures,lobbies, seating or dining areas, bay windows, and similar features; provided that such addition(s) shall not exceed 1,000 sq, ft. per building in any one consecutive 12-month period. I5. No more than 16,000 sq. ft. of new single-story conshuction may occur on a subject propeAy, incr�ses approved under t6e provisions of FWRC 19.110.080 and minor addidons approved by diediroctor under note 14, above. 16. Multiplo-story buildings are not subject to notes l4 and 15, above; providad that each Hoor contains at least �5 percent of the gross sq. ft. of d�e floor below it and contains a pnncipal use(s) peimitted in this 2one. 17: Required parkuig may be reduced under che provisions of FWRC 19.130.020(3)(a), (b), (c), and (d). Process I, II, IR and IV are describad in For othu information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.1 ] 0.050 et seq, Chapter 19.65 FWRC, Cbapt� 19:70 FWRG tmspectively. For details rogarding requirod yazds, see FWRC 19�125.166 efseq. K:�2012 Code Amendments��Ruidentiel Open spus in CC distsrictdPlanni� CommissionlExhibit B 19-230.060 Muld•Unit Hauci�-rcvised.6.doc EXHlBIT C Federal Way Revised Code Title 19, Chaptex 1�15, "Community Design Guidelines" requirement, as lon� as the open space is directiv accessible to and available to residents for their use Onlv the aortion of the public onen space directiv accessible to, and availabfe to residents for their use mav be credited toward the residential usable open space rep uirement. 35 (e) Pedestrian access wavs shall oniv be counted as common open svace when the pedestrian path or walkwav traverses a common open snace that is 15 ft. or wider. (� The common open snace shall be sufficientiv desi�ned and appointed to serve as a maior focal point and gatherin� nlace Common open suaces shall include a si�nificant children's ptav area, gathering area for group social events, aud n-patch or other sardenine activi . (2) PRNATE OPEN SPACE• In order to be credited toward total residential usabte open space, private ouen suace must be a minimum of 48 sa. ft. and have a minimum ie discretion of the Parks ,.. _._- � —�_ --• 36 (4) FEE-IN-LIEU OPTION: A fee-in-lieu navment mav be made to satisfv un to 50% of the residential usable open space requirement for the development of publac parks and EXHIBIT D �'ederal Way Revised �'ode Title 19, Chapter 10a, "Mitigation of Development Impacts" 19.100.474 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) and (3Xb) ofthis sectiori, the following describes when such fees shall be calculated and paid: (1) Open space fee-in-lieu (a) As nrovided in FWRC 18.55,060 and 19.I15.XXX, a# fee_in-lieu of open space may be made to satisfy open space reyuirements 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 issua�►ce for defei-red as noted below. The fee shall b� calculated based upon the square footage of open space whicli otherwise would have been required to be provided muhiplied by the subject property's assessed or appraised val.ue. (b) For those residential land divisions vested ptior ko July 2, 2015, open space fees-in-lieu may be deferred, but shall be paid no later than the c(osing of sale of each individual house or five years from deferment of the fee, whichever is earlier. Covenants prepared by the city sha1T be recorded at`the applicant's expense on each lot at the trme of plat record'ing 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. T'he fee shall be calculated based upon the syuare 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 £or 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. (cl For multifamilv developments in the citvi center-core and citvi center-frame, open space fees-in-lieu mav be deferred, but shall be naid no later fhan the completion of construction and prior to receint of certificate of occupancv/apuroval to occapv for each floor or each building if phased, or five vears from the recordin� of the deferment covenants, whichever is earlier. Covenants arepared bv the citv shall be recorded at the applicant's exuense, prior to building permit issuance, to enforce pavment of deferred fe�s. The fee shall be calculated at the time of recordine of the covenants and shall be divided equallv amone ali residential units within the proiect. The fee shall be calculated based upon the square footage of o[►en sqace that otherwise permit issuance, the applicant a�rees to waive the ri�ht to interest and/or a_refnnd if payment is not expended within �ve vears of collection. (2) Regional stormwater faciliry 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 p[at 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 deveiopment agreement entered into pursuant to RCW 36.70B.170 provided otherwise, the fee shall be calculated and paid per the following: 37 (a) For residential land divisions, fees shall be caiculated and paid at the time of plat recording. For unplatted single-family residential lots, commercial and multifamily 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 ehange 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) For residential land divisions and unplatted single-farnily residential lots, the transportation impact fee may be deferred, but shall be paid no later thar4 the closing of sale of each individual house. Covenants prepared by the city to enforce payment of the':deferred fees shail be recorded at the applicant's expense on each lot at'the time of plat recording for residential lartd' divisions and prior to building permit issuance for unplatted single-family residential lots. The fee shalI be calculated based on the impact fee schedule in effect on the date qf payment of the impact fee. (Ord. No. 10 § 6, 5 8 38 EXH1BiT E Federal Way Revised Code Title 19, Chapter 5, "Zoning and Development in General" 19.05.150 O definitions. "Occupc�nt" means a person that legall� occupies a structure or property. "�ce t�se " 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; sa�es 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, savangs and loan companies and simitar financial institutions. "�ce zones " mean the PO, OP and CP-1 zoning districts. "O�cia1 notification boards of the city" means,the bulletin boards in the public areas of City Hall aad other public locations as designated by. cit� council: "On-site. hazardous waste treatment and storage facilities" means.faciaities which treat and store. hazardous wastes generated on the same: properfy ar geographically contiguous properties, which may be divided by public ox 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 spec#fic location, that is open to the public, and where the event holder remains in attendance during the euent. "Open record hearing" means a hearing that creates the city's record of decisian for an apQlication 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 app[ication, or as part of an appeal. "Open space " , . , . means an area of land fhat is valued for natural occupants of a single dwelling ^--'�••�'a; � ���, "Open space, public," means open space owned by a public agency and maintained by it for the use and enjoyment of the general public. "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 inean higher high tide for salt water and the line of inean high water for fresh water. In any stream where neither maxk 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 shalt be Iocated so as to include the entire stream feature. "Outdoor" means not contained within a building. 39 "Ouen space, common," means open space which is normallv utiYized bv the occuuants of a buildin� or propertv. "Open space, private," means � open space, the use of which is normally limited to the "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 wsed prefabri�ated metal or steel enclosures used for the aqcessory 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 capable of being mounted on a chassis or bogie for movement by truck, trailer, railcar, or ship. This ciefinition includes, but is not limited to, cargo, shipping, and freight containers; and excludes typical r�sidential accessory buildings or structures such as garages a�id storage sheds; gazbage and recy�ling containers; containers mounted on. a Uuck or in some stage of iransport; structures used or designed to be used as living facilities, and portable moving containers.as de�ned in this chapter. See FWRC 19..125.180 and 19.125. t90. "Owner" means, in reference to real property, the person or persons holding fee title to the -property as well as the purchaser or purcKasers under any real estate contract involving the real property. (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(Exti. A), 10-21-08. Code 2001 § 22-1.15.) 40 Yianning Advisor,tanuary 2UI2 Page 1 of 13 _ __ Ct�unlci�al �tes��rch and �efvi:c�s C�nt�r af'UV'ashin�ton W�rk�rsg T��tt��r fe�r E�cc�►tt�enee is� Lc�at G�r�+rnment �'���i1tl�lg A�l�'�s�!I' MRSC has joined with Phil Olbrechts, Attorney, Olbrechts and Associates, PLLC, Pat Dugan, Duaan Consulting Services, Anindita Mitra, founder of CREA Affitiates LLC, and Bob Bengford, Partner MAKERS, to bring you fihe "Planning Advisor" articie series on planning and growth management issue affecting Washington Locai Governments. The "Planning Advisor" will feature a new article each month with timely information and advice you can use.* Post a comment � Provic�ing for Usable Open Space for Multifamily Developments ]anuary 2012 By Bob Bengford AICP, MAKERS This is the second of two articles discussing regulatory strategies to address two challenges to creating compatible and livabte inflll development. The flrst article, pubiished in February 2011, discussed strategies for protecting existing neighborhoods from the impacts of new development. This article describes concepts for providing usable open space in new multifamily residences. Introd�ction Smart growth principles call foc the development�of more intense mixed-use centers at transportation hubs or other strategic locatior�s plus muitifamlly infitl in neighborhood c�ntets. Demographic changes tn concert with fuel costs are increasing the demand for compact. multifamily housing in Western Washington and throughautthe coun.try. With rising fand costs, cities are Flnding it increasingiy difficult to create new parkland to serve this `increased density. 'Thus, it's beeoming- increasingty important for cities to updaEe regutations to provide for usabie on-site open space associated wittt muttifami[y development. This articie examines: • The goals and benetits of providing on-site multifamily open space • Research and resources • Notable cfiallenges in providing on-site open space • A comparison in'how a few Washington cities regulate open space • Lessons learned/considerations The goals and benefits of providing on-site multifa�nily open space ��� � http://www.mrsc.orglfocus/pladvisor/p1a0112.aspx 4� 7/IO/2012 Planning Advisor January 2012 Page 2 of 13 _ �o-��abF�open-space-€o�- . recreation and leisure activities. While this is important..for ali age groups, usable open� space is - particularly important for chiidren. On-site open space associated with residential development brings a number of qther benefits toward creating healthy and li�able communities. Belo.w is a sample of some of the more notable benefits: • Health bene�ts - pathways and recreational faci{ities such as ptay areas, swimming pools, and fitness centers promate increased physical activity. . Balconies and common areas also offer opportunities for gardening and growing a small amount of herbs, fruit, and/or vegetables; • Enhanceci tesi.dential<�etting�:- Chis includes an increase in iight and alrto dwelling units surrounding the commo�r open spaces.and,enhanced vier�us fram units. Where• Candscaped open spaces are visible from the str.eet or adjacent pcoperties, Chey bring obvious enhancement�s to the cammunity's character as welf. Courtyard spaces can also offer increased priVacy-through the strategic conftgurations and the placement.of windows and landscaping; • Enviranmental benefits - ground level and courtyard spaces and even rooftop de�ks off.er opportunities for trees and plants which consume carbon dioxide and help to reduce stormwatec runoff; . •� Social benefits - weii-designed common open spaces provide increased opportunifies for sociaf interaction with net.ghbors; ` • Sataty - common open spaces that incorporate CPTED principtes (Crime Preventlon Through Environmentai Design) increase the number of "eyes on the space" by altowing families to keep an eye out on chitdren and for residents to be on the lookout fo� crime; and .. • General functionai benefits - spaces such as balconies can provide a wide range�of otf�er functional bernefiEs to resldential living. This can include a space to hang-dry cEothing, space to barbecue, or conduet certain c(eanirrg or otheractiuities that are difficult to do indoors. The common open spaces at the coordinated Z-home (first net zero energy multifamily development in the country) and YWCA development in Issaquah Highlands provide for multiple functions. This inc(udes recreational bene�ts, visual amenities, increased solar access to adjacent units, and /ow impact deve%pment techniques used in the common areas help to manage stormwater impacts from the development on the site. What are the Challenges to Provicling Usable Open Space? Below are the challenges that are most often cited to providing usable on-site open space. • Lack of space. This challenge is most notable on smaller sites in heavily urbanized areas where land costs are high. Developers can argue that carving out open spaces reduces the opportunity for rental or saFes income. However, the typicai confi'guration of residentiai buildings on city biacks nearly always leaves plenty of left-over space ta accommodate courtyard spaces between buildings and building wings. For constrained infitl sites where generously sized courtyards may not � _ �'���t�x� � 42 http://www.mrsc.or�/focuslpiadvisor/plaQ112.aspx 7/10/2412 Planning Advisor January 2012 Page 3 of 13 be possibie, a combination of balconies, rooftop decks, and/or indoor common open space may be . . , _ s�en . - - _ _. _....._. .: • Cost. The cost of deslgning and building the open spaces affect the bottom line of developments in two ways.A Yes, they do add costs to devetopment, but they also help to bring in revenue in terms oF sales and/or increased rental rates due to the amenities they create for res+dents. lltttmatety, open spaces don't need to be expensive. The usability of open spaces is often best determined by the basic conflguration of spaces and the relationshi� of units, windows, tzuiiding walls, and simpie landscaping elements. Much of this comes from thoughtful design rather than expensive materiais and furnlshings. • Maintenance. This is a criticat factor in the iong term usability of common Qpen spaces. While there are obvious costs associated with maintenance, the'design of apen spaces can help to reduce ongoing maintenance costs. Where residents have good access to the open spaces and frequently use them, there's a certain amount of self-maintenance that occurs. But maintenance needs to be built into the cosks of the development, just as other amenities factor into the rents that residents are witling to pay to live in particular developments. � '4V'hat other Literature is Out There on 1V�u1#ifam�y Open Space? While muct� Mas been written about public open space, titerature on the°bene�ts of private on-slte open space is surprisingiy hard to find. The most common source of information avallabie is within municipal design guidelines and standards. But outside of brief intent statements, guidelines, and graphic examples, an 1n-depth discussion on the benefits and characteristics of muftifamNy open spaces are most often 1eft to books and literakure. Some notable sources af information on t�tie design and/or benefits of multifamily open space include• • Housing as ifPeop/e Mattered and Peop/e Places (Cooper Markus and othe�s). These two books - especialiy Housing as If Peop/e Martered - are the best and most extensive studies of private residentiaf open space that I've found. While the photo examples and graphics feel a little outdated, the contents and design guidelines, which touch on the fuU range of open space issues, are still spot on. Both books piace a strong emphasis on the special needs of families wifh chiidren. • Slte P/anning (Lynch and Hack). This classic inciudes excellent guidance on housing deSign and discusses outdoor space. needs for �esidents, notably for children and teenagers (which they note are often forgotten in housing design). The book states that "it is better to distrlbute a varied seC of play opportunities in many tocations rather than to concentrate them in one�area." Lynch and Hack.discuss the importance of balancing visibility with privacy and the unique needs of indiyidual housing types. • Pattern Language (Alexander, Ishikawa, Silverstein). AAnother classic, this book inciudes a weaith of ideas in creating liva6le environments. It includes chapters on the various housing types, ttre needs of dlfFerent age groups and famities, and the design of a wide range of outdoor spaces associated with housing. * Form-Based Codes (D. Parolek, K. Parolek, a nd Crawford). This includes a br�.ef sectio� on internal open space anc! provides guidance on courtyard design. The authors consider approprlate dimensions based an salar access and adjacent building heights and whether the courtyard is on the ground or on a podlum over parking. There are surely other resources that I haven't stumbled upon - therefore please comment if you �ecommend another great resource on muitifamily open space design/needs. Comparing how Facific Northwest Cities Regula#e Mul#ifamily Open Space ., tc http://www.mrsc.org/focus/pladvisor/p1a0112.aspx 43 7/lU/2012 Planning Advisor January 2Q12 Page 4 of 13 communities regufated internal multifamily open space. This uitimately included Seattle, Tacoma, Bellevue, and Redmond. Each city's approach differs somewhat from the others. Also, all four cities recently updated at least some of their applicable standards. Since each city has a variety of zanes that allow Por multifamily housing, I've divided the following chart into the segments - by housing type: apartments (single purpose), apartments in a dense mixed-use setting, and townhouses, For each city, the chart addresses the amo�nt of open space required, design-related requirements, applicable design review process, and finally some comments and observations. Comparing Multifamily Open Space Requirements Gty Seattfe Tacoma 8eilevue Redmond Housing Type - Apartments (single purpose muiti€amily uses) App4icable Lowr(se zones R-3 - R-5 zones artd R-10-30 aor�es, R-12 to R-30 zones? commercial zones Standards Open space standards Usable yard space plus Multifamily play area Specific open space influenGng pius setbacks, density setbacks; minimum lot size, standards pius standards pius setbacks, amount and ilmit, parking, floor area parking, density limit (R-4L setbacks, density limit, landscaping, parki�g, (ot type of open ratio (FAR), but{di�g/ zone only), and landscaping paricing, lot coverage, coverage, and impenrious space fac,ade width limits 8e sta►�dards impervious area, surface standards Green Factor provisions greenscape Standards (frontyard), and landscape standards Open space Li zone: 300sf commo� 10% of the lot size (R zones Emphasis on chiidren's Minimum 2d% of lot required/un� open space/unit - but not C zones); play areas - 800sf/10 (arrerage) C-zones - 10% of site not units plus 50sf/unit covered by buildings must above IO units L2-4 zoriess belandscaped 25% of the !ot area as open space at ground level - except 50°k can be balconies/decks for L3-4 zones Required Common open space - Usabie yard space - min 15' 800sf min size and All yarcis + decks and standards for min 10' dimension and dimension; May not be in min. dimension of 25'; porches may count as open space 2505f area; may be in front yard; May be any Design standards on open space provided they front, side or rear yarcl; combination of private 8� accessibility, amenity have minimum 15' ealcony/deck - min 6' shared space elements and dimensions; For multl-lot dimension + 60sf area separation from auto developments, standard areas can be applied for whole development Design Design review requlred No existing design No design guidelines 25% of open space for guidelines/ for projects over certain guidelines or review process or otherdesign review targe deVelopments must review process size threshold or for (although MAKERS recentiy process for the R-zone be as common open projects seeking design conducted a study for development space; Indudes guidelines departures examining opqons for city for common open space to consider) and landscaping design; Design review process for • all multffamily 44 http://www.mrsc.org/focus/pladvisor/p1a0112.aspx 7/10/2012 Planning Advisor January 2012 Seattfe Comments New code generaliy and reduces the amount of observadons open space required - but has a greater emphasis on the design/usability of the space; Recentincrease in "green factor' cequirements is more chatlenging/ costly to appUcants Tacoma Other than dimensional standards noted above, there are no standards/ guidance for muitifamily open space in the standard commercial zones Beilevue Unique in that focus is only on chiidren's play areas; No mention of balconies or other usable open space pravisions. Page 5 of 13 Redmond For citywide standards, biggest emphasis on vaNety of site and buitding Housing Type - Apartments (higher intensity mixeci-use zones) App{ic�ble Commer+cial mnes Various Mixed-Use Center powntowm m�es and Downtown zones, Overlake zones districts Bet=lted corridor zones Village zones reviewed (new) " Standarcls influencing amount and type of open space Open space reqnired/unit Required design standardsfor open space Amenity area plus setbacks, density limit, floor area ratio, parking, and green factor Commercial zones: 59'0 of res7dential floor area (amenity area) Yard space standards plus density minimum, parking, mass reduction standards, and lan�scaping standards 1005f/unit yard space Floor ar� ratlo (FAR), max floorplate standards, tower stepback pro-visians, sidewaiW buiieling relatfonship, parking. and FAR bonus incentive provisions (some refate to outdoor open space) No spedfic requirement tor Downtown or the Bel- Red Corridor Mintmum open space standards, parlcing, setbacks and max floo� area ratio standards Downtown - 100sf common open space/unit + min 50sf private open space/unit; Overiake - 6.25°k of gross residential Floo� area as open space .snareu open space - min 1U' dimension and 250sf area; Front, side or rear yards OK; Balcony/deck - min 6' dim. + 60sf area; Must not be endosed; Rooftop space not counted as amenity area aesign Deslgn review required guidetines/ for projects over certain review process size threshotd or for projecks seeking design departures Recently updated: S00% of space may be common yard space - min 15' dimension + other design standards; Balconies up to 50°10 required yard space - at least 35sf and min 4' dimension; Rooftop deck up to 25% of yard space in mixed-use buildings No existing design guldelines or review proc+ess (alkhough MAKERS recenUy candacEed a study for examining options for city to consider) There are sEandards 8� guidelines for public open spaces for DowFltown and the Bel -Red Corridor, but no standards or guidelines fnr private ope� space for muttifamily uses (no mention of balconies, for instance) Yes, Chere are guldelines and an administrative design review process, but again no guidance for private open space for multifamily uses Downtown - up to 100% of required open space can be common, at least 200sf in area, min 12' dimensions; Qy� - up to 100'/0 of required open space can be common, but up to 50% can be p�ivate and�or rooRop open spac� Design review for al{ multifamily; There is more design guidance for open spaces in Overiake, than for powntown - except the� are specific courtyard dimensional standards for downtown http://www.mrsc.org/focus/pladvisor/pla0t 12.aspx 45 7/10/2012 Planning Advisor January 2012 Seattie Comments Recent update reduces and amount of open space observatlons but places more emphasis on design quality, usability Tacoma c�ty Updated standards addressed some serious regulatory short�mirtgs; City wifi probably give it some time during poor economy and see how new developments work out before creating a new design review program Housing Type: Townhouses Applicabie Lowrise zones zo�es? Bellevue Private open space isn't direct{y addressed at a�l; The focus is more oa maximum building forms, street/ sidewalk relationship, and incentives for pubiic open space R-3 -R-S zones; Mixed-use R-10 - R-30 zones zones Standards Open spaoe sta�dards Usable yard space plus There are no in�uencing plus setbacks, denslty setbadcs� minimum lot size, standards specific to amount and limit, floor area rallo, and density limlt townhouses - see type of open green factor, and open space standards space building/ fac,ade width referenced above for Umits apartments in multifamily zones Open space 300sf private ground: required/un� levei space (avg) with min dimensions of 10' 10% of the lot size (n R- zones; 200sf/unit yard space in MX zones Required Space must be directly design accessibte to unit; For standards for sloping lots, decks can open space qualify as ground leve! space Usabie yard space - min 15' dimension; may not be in front yard Design Administredve deslgn No existing design guidelines/ review required for alf guidelines or review process review process townhouses; Process (although MAKERS recentiy may altow some conducted a study for flextbility In the amaunt examining options for city and design of open to consider) space Cornments Updated' standards and and administrative design observations review process provide greater Flexibility than old standards and focus more on the quality of open space New townhouse standards in MX zones addressed serious shortcomings, but the R-3-S zones outside of MX centers still lack open space skandards/guidance The setbacks and tot coverage provlsions will be most influentiat for townhouses f other than basic market conditions); The piay area provision ensures that there will be some common open space Page 6 of 13 Redmond It is i�terestlng to see somewhat different open space approaches betvveen Downtown and�dveriake (pefiaps the timing - Overiake Staodards are newer - h� something to do with it). Downtown's specifie standards for minimum courtyard wldth are unique, amongst the four cities reviewed here R-12 to R-30 zones, plus Uowrttown & Overlake Zones There are no standards specific to townho�ses - s� open space standards referenced above fnr apartments In multifampy zones. For Uowntown - Townhouses with at least 200sf of private open space and minimum dimension of 10' are exempt from common open space standards. The 20% open space with min. 15' dimen5ions seem very restrEctive and challenging; Planner ]eff Churchill noted that there isn't a bt of undeveloped R -12-30 zon� land left in the city 46 httn://www.mrsc.orS/focuslnladvisorlula0112.asox 7/10/2012 Planning Ac�visor Ianuary 2012 Page 7 of 13 Comments and �Observations on Regulatory Research Seattle With by far the largest pool of development test cases in Washington and the most intensive muitifamity zoning code update pracess, the Inclusion of Seattie in this study is essential. I met with Mike Podowskt, the City's Land Use Policy Supervisor, to talk about this artfcle, the City's recent update, and some lessons learned. Mike reiterated that is was important for the new code to add more Flexibili .ty while enhancing the design criteria and making some refinements to the review process (notably for townhouses). Llke Seattle's new code, he suggested my research table above compare different open space requirements based on the type oP housing. He was also curious about research on the beneflts of providing for open space. Seattte's new code substantlaily reduces the amount of required open space in many cases, but adds greater emphasis on the quality and usabiliry of the open space. I talked about the new code with architect Radim Biazej (Caron Architects), who is familiar with both the old and new codes. Radim reiterated Chat the added fl:exibility in the code regarding open space dimensions makes the code much easler to work with. For example, he indicated that the opportunity to provide up to 50�/0 of the usabie open space on the roof was an attractive opporEunity. He's found that such rooftop spaces are most desirabie for residents in the more urbanized settings due to the view potentiat and sense of privacy. � , •a. The City's previous code (up to 2008) hac��bastcally no open space staindards. As a result, there are a number of developments (particulariy in the greater downtown area) that provide no open space or poorly designed open space. As part of a citywide NDesign Review Project," I had a chance to work with the City (with MAKERS) to examine the shortcomings and propose sofutions. This project included the foUowing components� • A study on the establishment of a design review program. The project reviewed numerous examples and identified a number of optional approaches that might work forTacoma. • Updatl'ng the deslgn standards for the various mixed-use zones (adopted 2008). Without a special design review process in place, there was a strong desire to adopt prescriptive standards to address open space and other design shortcomings. While this approach offers less design flexibility, the standards offer a number oP choices in how their requirements can be met. The newly adopted standards are reflected in the chart above in the city's mixed-use center zones only. 0 Bellevue's regulatory approach stands out as the most unique of the four communities particularly because the city has very few estabiished standards for private open space in multifamily developments. The city's design standards and guidelines for the most densely developed areas (Downtown and the Bel-Red Corridor) place much greater emphasis on providing publicly accessible open spaces - in addition to providing guidance for the form and character of development. Other specific comments and observations: • The recent Bel-Red Corridor Design Guidelines are the most recent guidelines project undertaken by the city, and thus represent the latest in thlnking about urban design in the city. The Be!-Red code emphasizes form-based standards and includes an extensive density bonus system that includes incentives for public open space. The guidelines include numerous photos of acceptable and unacceptable design examples addressing streetscape efements, building form/character and design details, but they don't specificaily address private residential open space. Pefiaps with the approach in emphasizing high quality streetscape and public open space, there is a reduced need to regulate the amount and type of private internai open space for multifamily? http://www.mrsc.org/focus/pladvisor/p1a0112.aspx 47 7/10/2012 Planning Advisor January 2012 Page 8 of 13 � As a Bellevue resident, I often explore new jogging routes all over downtown. I've found that downtown's super btock configuration ofEen leaves a considerabie amount of land for public open space, given the natural (and/or regulatory. ) limitations on tower floor-plates and the extent of underground parking. Or, perhaps this open space is the resuit of the city's policies, guidelines and standards? Likely, it's a combinaC(on of both. • Most apartment/condo developments in downtown appear to have a good mixtur.e of Internat open spaces inciuding baiconies, ground level plazas, upper level courtyards over parking decks (there are many), some lntema! recreational space, and some roof top decks (at least that I know about). the smaller infiil mid-rlse developFnents appear to have the smailest amount of open space - a situation common in nearly all urban centers in the region. • Emii King, the city's Strategic Planning Manager, noted that perhaps there was a reduced need for on-site private open space within developments that are adjacent to pubiic parks pr plazas (and I agree). He mentioned projects adjacent to the Downtown Park and the smaller Ashwood Park and Plaza as good examples. -s. .�. Fi'�ving. met wlth planner 1eff`Churchill several times over the past couple yeacs, I was aware that Redmond was in th. e midst of a major zoning code update. and had recent}y adopted new zoning and design standards for the Overiake area. Additionat observations and comments; • The open space standards fo� the multifamfly zones focus primarily on landscaped ground lev�l open space. ]eff noted that these are essentially suburban type standards, but that very little developabie land in these zones remains. -°:� • The courtya'rd dimensionai standards for powntown are noteworthy for their ability to enhance the desirability and usabtlity of such spaces. • The Downtown open space standards inciude a"fee in lieu of" open space option, but only for up to 50�/0 of the required common open space. Some Lessons Learned First of all, it's obvious that individual regulations need to suit the unique needs of the community. By this, I mean a combination of tocal market demographics and unique community characteristics and goals. Some keys in crafting approaches for regulating and designing multifamily open space incfude: • Recognize different needs for different hous irtg types. Townhomes and other ground based multifamily housing types have different needs than apartment buiidings with stacked flats. Regulations need to reflect those inherent differences. • Invotve local developers, designers, and buitders. It's always important to talk with the locat development community to find out what's working and get them involved in any process to update development standards. • Bigger is not necessarily better. Commun(ties requiring an excessive amount and/or sizes of open spaces can actualiy discourage development by impacting the viability of development. The problem is compounded when there isn't adequate design guidance Porsuch spaces. I've found it more effective to work with the community in providing guidance in designing usable open spaces and determining the amount of usable open space necessary for tivable developments and given reasonable development objectives. � Encourage a range of open space types. This is particularly important for apartment buiidings. Visible common open spaces such as courtyards are typicaily the most important open space resources, but other types of open space should be encouraged. 48 httv:/Iwww.mrsc.or�/focus/pladvisorlvla0112.aspx 7I10/2012 Yianning Advisor Jaauary 2012 Page 9 of 13 ■ Balconies provide a usable Private open spa.ce resource where residents can barbecue, : _....::�r_ea�t�c�ai� ' r - - • � � __ tYP Y P _ that residents icail s end on baiconies is smail, it's.noteworthy to consider how balco.nies can ailow gceater daytight into units and help to expand the perceived living space within the unit. The book Housing .as �f Reople Mattered suggests that the minlmum size of a balcony to be functionally usefut is 60 square feet with no dimension tess than 6 feet. : ■ Rooftop decks are becoming an increasingty, important re�ource for infill multifamily developments in heavi{y urbanized areas. These spaces a"re more likely to be used where they feature good views, feature a range of amenities, and In.clude design features that enhance accessibility and safety. ■ Pea at� ches are a feature thafi shouid be incr.easing{y encouraged, in response to a renewed ; interest in Ehe local food movement. However., the location, design, and management of pea patches ace very 'important to ensure they can be effectively. used and maintai'ned. To be i sure, they are ltkely to be used by only a fraction of resldents, but they can serve as a visuai (and even social) amenity for other residents. ■ Children's f�ay areas shouid always be considered and be required to some extent in larger developments. Like nearly a11 open space types, visibility to/from adjacent dweNing units ls ` critical � ` ■ Indoor recreationai areas should also be an option to meet a portibn of the total internal � open space needs for the development (but not all of it) of inflll housing types in rnore ? intensive urban areas. The�e spaces�sF�outd�be specifically designed for recreational activities � and be housed in accessibte anct visible areas. ■ Woonerfs mighC also be constdered as a usabie open space resource in townhouse developments. A woonerF is a Dutch term for a street that is deslgned equally for ' pedestrians and automobiles - typically where there is special paving in a curbfess design ' integrated with trees and other I�,ndscaped elements that can also function as a playcourt. ' • Conseder reduced on-site open space needs for developments adjaCent to public parks. "Adjacent" is the key'word, as iYs the direct visibtlity and accessi6ility �fiat provide the link. • Test the standards. Consider both existing (if applicable) and prospective rnultifamily development exampFes that meet other zoning standards to determine different ways that developers might choose to meet the standards. Assume the worst case scenario - is it good enough? On the other hand, are the requirements overly difficuit or costly to meet? • Provide examples - both good a nd bad. Photos and other graphic examples are heipful for developers, staff, and other participants in the development revlew process. I've found the bad examples to be just as helpful as the good ones. I also suggest to communities to build a photo Ilbrary of completed projects that they can share with prospective applicants when needed. http://www.mrsc.org/focus/pladvisor/p1a0112.aspx 49 7/lU/2012 Common Open Space Exarnples Planning Advisor January 2012 These open spaces above are both built over decks - the landscape elementshelp them function as a green roof while providing for visual and functional amenities ro the surrounding- units. The left examp/e above from eainbr�idge Island integrates large existing trees into a relatrvely large "commons" whi/e the right example in downtown Bellevue doubles as usable public open space, as there is a coffee shop to the left. Obviously bad examples. The space on the left offers no amenities other than grass area - and the slopes reduce the usability of the space for informal recreation. The large blank wal/s and elevation change between the open space and the dwelling units reduce its attractiveness. 50 http://www.mrsc.or�/focus/pladvisorlpla0112.aspx 7/10/2012 P'Ianning Advisor January 20I � Attractive roo(top open space (left) and a pea patc% example (right). The pea patch is at the Alycone Apartments in South Lake Unron, Seattle. It's situated on an upper level deck, but visible from dwe/ling units on both sides, very accessible, and receives ample morning and aftemoon sun/ight. When i visited the deve%pment last year, there was a waiting list for residents to get one of the smal! plots. You can see the rain barrels in the background, which include rain water from adjacent roofs and provide a water source for gardeners. The complex also provides basic tools for residents. The cornplex uses fhe pea patch as a marketing toa! (see for,yoursel�7 and it has become a popular social activity for residents. Townhouse Fxamples http://www.mrsc.org/focus/placivisor/p1a01 i2.aspx 51 7/10/2012 It's obvious thar these courtyards are much too narrow to function as usable open space. The design severely limits the direct sunlight available to the space and also reduces the solar access and privacy to the adjacent units. Other Open Space Examples Planning Advisor January 2012 These townhomes were provided with far too little open space amenities: There is basically no setback in the rear yard; .while the long asphalt driveways can be viewed as a wasted opportunity (move building closer to streeC and provide some usable open space in the back). Also, tlie balconies appear much too na�row to invite Lse. Resources/Links Ali of the books referenced above can be found on Amazon.com or check with your favorite book retailer. Other notable resources: • Seattle (and use code. Notable sections: SMC 23.45.016 (lowrise open space requi�ements), SMC 23.47A.024 (residential amenity areas), and for the city's design guidelines, go to the following link: Desian Review Program Applicant's Tooibox• DesiQn Guidelines • Tacoma land use cocie. See 13.06.300(g) for Mixed-Use Center District yard space standards. • S��evu� jand use code. For the Bel-Red Design Guidelines, see Section 20.25D.150. For Downtown, see Chapter 20.25A. • Redmond`s new zoning,code. Notabie chapters are 21.08 (residential regulations), 21.10 (downtown regulations}, 21.12 (Overiake regutations), and 21.36 (open space). See Article III for detailed design standards. Other notable codes/guidelines addressing residentiai open space: http://wwvy.mrsc.org/focus/pladvisor/p1a0112.aspx 52 7/10/2012 These townhouses include usabie seml' private front yard apen spaces, while rhe lett example adds balconies for each unit that he% to exPand the living area of the units. rtannuig Advisor January 2U 12 Page 13 of 13 • Portland has a number of great resources inetuding the 1998/2008 Community Design ��►ideli-�e . _:....._ -°— _... • Everett's Co�e Residential Development and Desi�n Standards; go to Section 33G.060 for open space. �'���iili�l� r�L�Y�S�f Pat Dugan has a unique combination of experience (n bo.th planning and pubiic finance, spanning 35 years. As a planner, he has been a planning director in two cities {Aubum and Burien), and two regional planning agencies in Oregon and Washington; and was a planning manager in Goleta, California. In public finance, Pat has served as the chief financial offtcer in four pubtic agencies including the Cities of Auburn and Lynnwood, and the Snohomish County Public Works Department. He has written extensively on financing capitai facility programs and on public flnance for planners. Pat now otfers planning and pubiic finance consuiting services and in hIs own firm, Dugan Consulting Services in Everett and can be reached at consult.duganC�verizon.net. Anindita Mitra, AICP is the Founder of CREA A�iiates, LLC a planning and urban deslgn consuttancy that focuses on creating awareness of unsustainable practices, and offers a pla.tfo� for af€ected parties.to openly communicate and coHabarate to arrive at creative sustainabie solutions. She Is also one of the Co-Chairs of the C�imate and Sustalnability Initiative of the Washington Chapter of the American Planning Association. Anindlta's current interests include the development of sustainable master plans and streetscape deslgns; establishing sustainable community indicators and their integration lnto comprehensive pians and governance; identifying creative solutions directing communities towards energy-independence; preparing communities for the challenges potentially brought upan by the Climate Change phenomenon; and advancing the integration of transit and non- motorized travel solutions into community land use pfanning, She has worked throughout the United States for both the public and private sectors. .. Phii Olbrechts is a member af Olbrechts and Associates, PLLC. His practice focus is upon land use, reat property and municipai law. H� currentiy serves as hearing examiner for eight municlpalities and city attorney for three cities. He represents both public and private parties and has made fiundreds of presentations and on land use law throughout the State of Washington. Bob Bengford, AiCP, is a Partner with MAKERS architecture, planning and urban design �irm. Bob's community design work encompasses afl transects, from urban downtowns and transit-oriented develapment to rurat area planning. Since joining MAKERS 13 years ago, Bob's specialty has been heiping communitles craft usabie development regulations and design guidelines. The combination of growing up in a sprawling Orange Caunty (CA) track home subdivision, reviewing devefopment plans against antlquated and inconsistent codes in rural Bonner County (ID), and working with a great mentor at MAKERS (7ohn Owen) have helped Bob recognize the critical importance of goad development regulations and design guidelines in shaping vital and healthy communities. As a resident of Bellevue, Bob has been active in various community pianning issues. He's also an active four-season bicycle commuter, hiker, gardener, and urban explorer. � � �� *The Articles appearing in the "Planning Advisor" cofumn represent the opinions of the authors and do not necessarlly reflect those of the Municipal Research and Services Center. http:llwww.mrsc.orglfocus/pladvisor/p1a0112.aspx 53 7/10/2012 CITY OF FEDERAL WAY PLANNING COMMISSION July 18, 2012 City Hall 7•00 p m Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Lawson Bronson, Wayne Carlson, and. Tim O'Neil Commissioners absent: Tom Medhurst, Hope Elder, and Sarady Long (all excused). Staff present: Planning Manager Isaac Conlen, Senior Planner Janet Shull, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Tina Piety. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of April 4, 2012, were approved as presented AUDIENCE COMMENT Diana Noble-Gulliford, Federal Way Historical Society President — She noted that research and adoption of an ordinance addressing historic preservation is on the Planning Commission's 2012 Work Program and she presented the Commission with some background on the issue. She gave the Commissioners a handout where it was noted that research shows that 546 properties within the City of Federal Way were built in 1950 or before and 28 were built in 1920 or earlier. Some examples of potential Federal Way landmark status properties include the Federal Way High School, Camp Kilworth Rotary Lodge, Dumas Bay Retreat, and the Robert Verzani Home. She stated there are many others. She commented that one of the primary benefits of a historical preservation program is that owners of designated landmark properties would be eligible to apply for a variety of incentive programs for preservation. A historical preservation program would implement the Federal Way Comprehensive Plan's policies. A discussion was held regarding Federal Way High School being a potential Federa.l Way landmark. It was noted that Federal Way Public Schools is considering demolishing the school and replacing it with a new one. It was noted that portions of the school could be preserved. The entire building does not necessarily have to be preserved if it is declared an historical landmark. It would depend upon the landmark preservation policies adopted by the city. Developing these policies will be part of the proposed code amendment. ADMINISTRATIVE REPORT None K:�Planning Commission�201 t�feeting Summary 07-18-t2.doc 54 Planning Commission Minutes Page 2 July 18, 2012 COMMISSION BUSINESS PUBLIC HEARING — Proposed Amendments Related to Open Space Standards for Multi-Unit Residential Development Within the City Center-Core and City-Center Frame Zoning Districts Ms. Shull delivered the staff report. The proposed amendment will reduce the minimum amount of required on-site open space for residential development in the City-Center Core (CC-C) and City-Center Frame (CC-F) zoning districts. In addition, it includes design guidelines that will emphasize quality over quantity and help ensure the on-site open space is usable. It will modify the open space definitions to make them more consistent with the way they are referenced throughout the code. Finally, it will add the option of a fee-in-lieu for open space related to residential development in the CC zones. Currently, the code requires a minimum of 200 squaze feet of usable open space per unit of residential development. Reviews of recent development proposals for high-rise, mixed-use development has shown that this requirement results in a required open space area that exceeds the size of the building site. Staff recommends that the amount of required usable open space be reduced to a minimum of 100 square feet. Ms. Shull stated that in 2010, the City Council approved the recommended reduction of usable open space area in the Community Business (BC) zoning districts from 300 square feet per unit to 150 square feet per unit due to similar circumstances. This resulted in a lesser open space requirement in the BC zone as opposed to the CC-C and CC-F zones. It is anticipated that development in the CC zones is more intense than the BC zone and therefore, it makes sense to consider a reduction to the open space requirement in the CC zones. A new section is proposed for Chapter 19.115 that will provide recommended minimwn sizes and dimensions for private and common open space areas to be considered "usable." The proposed section will allow for common (such as gyms, pools, and gathering spaces), private (balconies, etc.), and publicly accessible open space (when directly accessible to residents) of particular dimensions. Common open space areas will be required to provide amenities that will make them engaging and will allow for active use (such as child play areas). In addition, the proposed new chapter will allow a fee-in-lieu option for a maximum of 50% of the total open space requirement. The fees will be used for park facilities within the parks planning areas that coincide with the CC zoned areas. Commissioner O'Neil asked what percentage of the open space must be public access. Ms. Shull replied that the open space is intended for the residents and does not necessarily have to be accessible to the public. Commissioner O'Neil expressed his concern that if a developer chooses the fee-in-lieu option, the money may not be used in a way that is directly beneficial to the residents. Commissioner O'Neil expressed his concern that if the open space is to benefit the residents he is uneasy with the option of a fee-in-lieu which will go to a park that may not benefit the residents. Commissioner Bronson stated he finds the proposed definitions confusing and asked for clarification. Ms. Shull replied that the city has a number of different types of open space and the definitions are staff attempts to capture them all. Commissioner Bronson asked what the reason is for choosing 100 squaze feet. Mr. Shull replied that staff used the Municipal Research and Services Center of Washington (NIlZSC) report titled, "Providing for Usable Open Space for Multifamily Developments," that is an e�ibit to the staff report. The report compares the open space requirement for various cities in Washington. Staff also researched comparable cities outside of Washington. Some cities used a percentage of gross square footage, but staff felt this would be difficult to implement. Commissioner Bronson expressed his concern that the 100 square feet is not based on objective data, but he recognizes that objective data may not exist. Commissioner Carlson expressed his concern about the aesthetics of the buildings. He suggested that a certain percentage (say 10%) of the open space be required to be on the ground level. Commissioner O'Neil agreed and stated what he is missing is how this proposal fits into the overa.11 vision for the city K:�Planning Commission�2011�ieeting Summary 02-22-12.doc 55 Planning Commission Minutes Page 3 July 18, 2012 center. He is concerned that not requiring a percentage of open space on the ground level could result in the city center looking and feeling like a"closed compound." Ms. Shull replied that currently the code does not require that residential open space be provided on the ground level. The proposed amendment is not intended to address the issue of public open space, but rather private, residential open space (some of which can be public open space}. Commissioner Bronson expressed concern that the option of a fee-in-lieu will not meet the intent of the proposed code amendment to provide open space for the residents of the building. Other Commissioners agreed with him. Ms. Shull explained that staff wanted to give developers the flexibility of the fee-in-lieu in cases where they are not able to meet the open space requirement on-site. Mr. Conlen commented that it is expected that developers will choose the fee-in-lieu option only as a last resort. Mr. Beckwith commented that state law requires that fee-in-lieu payments provide a direct benefit to those making the payment and that the funds be spent within five years of receipt. The Commissioners agreed that this is acceptable. � Commissioner Bronson moved (and it was secondea� to recommend approval of the staff's recommendation as stated on page 5 of the staff report. There was no further discussion. T'he motion carried unanimously. The public hearing was closed. ADDITIONAL BUSINESS The ne� Planning Commission meeting will be August 15, 2012, or September 5, 2012, at 7:00 p.m. in the Council Chambers. It will be a public hearing regarding parking. ADJOURN The meeting was adjourned at 8:15 p.m. K:�Planning Commission�2011�Ivieeting Summary 02-22-12.doc 56 COUNCIL MEETING DATE: September 4, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUB,TECT: Selection Process — 2012 Amendments to the Federal Way Comprehensive Plan (FWCP) POLICY QUESTION: Shauld the Hoit and/or Hildebrandt requests for comprehensive plan amendment be moved forward for further evaluation? COMMITTEE: Land Use/Transportation Committee (LUTC) CATEGORY: ❑ Consent ❑ Ordinance 0 City Council Business ; . � Resolution MEETING DATE: August 6, 2012 � Public Hearing ❑ Other STAFF REPORT BY: Planning Managez, Isaac Gonlen DEPT: Community & Economic Development Attachments: Exhibit A) July 31, 2012, staffreport to the LUTC; Exhibit B) July 2, 2012, LUTC staffreport; and Exhibit C) Revised Hildebrandt request email. Background: At the July 2 2012, �,UTC meeting,, the committee considered three camprehensive plan annendment requests. At ,that.meeting, the Barrett request was moved farward and the Hoit and Hildebrandt requests were tabled for further discussion at the August 6`� meeting. Following the July 2° meeting, staff met with both applicants. Based on new information provided in regard to the Hoit request (availability of urban services) we are now recommending that request go forward for further consideration. The applicant on the Hildebrandt request has revised the proposal and now seeks to go from RS 15.0 single-family zoning to RS 5.0 (or alternately RS7.2) single-family zoning. We are continuing to recommend that this request not go forward as it is inconsistent with surrounding zoning and the city's comprehensive plan. Please see the attached memo (Exhibit A) for a more detailed evaluation. Also see staff report from July 2 LUTC meeting (Exhibit B) for a full description of the original comprehensive plan amendment requests and staff analysis. , Options Considered: 1) Concur with the Mayor's recommendarion; 2) Do not concur with the Mayor's recommendation. MAYOR'S RECOMMENDATION: That Site-Specific Request # 1(Hoit) go forward for further review and Site-Specific Request #2 (Hildebrandt} not be considered further because it is not consistent with the comprehensive�i. MAYOR APPROVAL: Council DIRECTOR APPROVAL: Councit COMMITTEE RECOMMENDATION: I move to fonvard the Mayor's recommendation to the September 4, 2012, City Council meeting for a public hearing. Bob Celski, Chair Jeanne Burbidge, Member Susan Honda, Member PROPOSED COUNCIL MOTION "I move approval of the Mayor's recommendatio " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) _ COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACI'ION Enactment readiog ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED-08/12/20(0 RESOLUTION # 57 K:\Comprehensive Plan\2012 Comprehensive Plan\Selection Process\LUTC\8_6_LUTC Agenda Bill.docx } � ����� 4i I 1F Ll1f� �•,_ ��dP�jN 1rv��s�` ��� DATE: TO: FROM: SUBJECT: �XHIBIT July 31, 2012 Bob Celski, Chair Land Use/Transportation Committee (LUTC) Patrick Doherty, Directar of Community and Ecoriomic Development Isaac Conlen, Planning Manager Selection Process — 2012 Comprehensive Plan Amendments MBETING DATE: August 6, 2012 I. POLICY QUESTION Should the Hoit and/or Hildebrandt comprehensive plan amendment requests be moved forward for further consideration? . � C� III. BACKGROUND At the July 2, 2012, LUTC meeting, the committee considered three comprehensive plan amendment requests. At that meeting, the Barrett request was moved forward and the Hoit and Hildebrandt requests were tabled for further discussion to take place at the August 6` meeting. Following the July 2 LUTC meeting, staff met with both applicants. New information regarding the Hoit request was provided to staff. The applicant on the Hildebrandt request has revised the proposal and now seeks a comprehensive plan amendment from Single Family, Medium Density to Single Family, High Density and rezone from RS 15.0 single-family zoning to RS 5.0 single- family zoning (or alternately, RS 7.2 zoning along with code amendment to allow zero lot line development�. COMPREHENSIVE PLAN AMENDMENTS REQiJESTS Following is a summary ofthe two citizen-initiated comprehensive plan amendments under consideration at the August 6, 2012, LUTC meeting. 2012 COMPREHENSIVE PLAN AMENDMENTS (i) File No. I1-103859-UP — Request from Edward Hoit for a comprehensive plan amendment and rezone of 1.82 acres (parcel # 112103-9131) located to the west of Dumas Bay Park from Single Family — Low Density Residential and Suburban Estates (SE, one unit per five acres) to Single Family — Medium Density Residential and RS 15.0 (one unit per 15,000 square feet) (Attachment A — Hoit Vicinity Map). Land Use/Transportation Committee (LUTC) Meeting Date: August 6, 2012 Selection Process — Comprehensive Plan Amendments 58 Page 1 of 3 (ii) File No. 11-103962-UP (Revised) – Request from Isaac Hildebrandt for a comprehensive plan amendment and rezone of 1.18 acres (parcel #292104-9071) located at 1320 South 359�' Street from Single Family– Medium Density Residential and RS 15.0 (one unit per 15,000 square feet) to Single Family – High Density and zoning of RS 5.0 (one unit per 5,000 square feet) (or alternately, RS 7.2, one unit per 7,200 square feet) (Attachment B– Hildebrandt Vicinity Map). VI. STAFF ANALYSIS A. Site-Specific Request #1– Hoit As detailed in the July 2, 2012, I.UTC staff report (attached as Exhibit B of this agenda item for reference) when staff first evaluated the Hoit request it was determined to meet all selection criteria with the exception of Criterion #2—consistency with the overall vision of the comprehensive plan. At that time, staff did not support the request because the comprehensive plan states that the Suburban Estates (SE) designation (current designation of subject property) is intended to, "...retain larger lots in order to avoid development pressure on or near critical areas." The Hoit property is impacted by three critical areas: wetland and wetland buffer, stream and stream buffer, and steep slopes. The comprehensive plan language; hawever, goes on�to say that, ":..upon provision of urban services, such as water and sewer, an increase in de�►sity may be warranted." The applicant has since provided additional information that has caused us to change our recommendation. Specifically, the fact that a new sewer project will be bringing sewer service to the neighborhood (confirmed by Lakehaven Utility District). Additionally, a newly upgraded, looped water system was just constructed in the neighborhood to replace the outdated system previously in place. Lastly, we do not believe the rezone would result in an increase in development intensity or density and thus, is consistent with the intent of the comprehensive plan to limit development pressure on properties subject to critical areas. In light of this additional information, we feel the request to rezone the property to RS 15.0 is consistent with the comprehensive plan and would recommend it be selected for further study. B. Site-Specific Request #2 – Hildebrandt As detailed in the July 2, 2012, LUTC staff report (attached as Exhibit B of this agenda item for reference), when staff first evaluated the Hildebrandt request it was determined to meet alI selection criteria with the exception of Criterion #2—consistency with the overall vision of the comprehensive plan. The request to extend multi-family zoning into the medium density single-family neighborhood was not felt to be consistent with comprehensive plan policies intended to protect the characteristics of single-family neighborhoods. Following the July 2° LUTC meeting, staff met with the applicant's representative and he subsequently revised the requested comprehensive plan amendment request. The new request is that the parcel be rezoned from RS 15.0 to RS 5.0 (or alternately RS 7.2). Staff continues to find the request to be inconsistent with the comprehensive plan for the following reasons: Land Use/Transportation Committee (LUTC) Meeting Date: August 6, 2012 Selection Process — Comprehensive Plan Amendments 59 Page 2 of 3 a) If approved, the subject parcel would be the only parcel in the neighborhood zoned RS SA (or RS 72); b) The zoning would be inconsistent with surrounding properties; c) The rezone may be considered a"spot-zone,"' which is a legally disfavored type of zoning in Washington State; d) The rezone would primarily serve a private interest rather than the public good; and e) There is no rational basis for changing the designation of the subject property while maintaining the designation(s) of the surrounding lots. IX. MAYOR'S RECOMMENDt1TION : A. Site-Specific Request #1— Request from Edward Hoit for a comprehensive plan amendment and rezone of 1.82 acres (parcel #112103-9131) located to the west of Dumas Bay Park from Single Family — Low Density Residential and Suburban Estates (SE, one unit per five acres) to Single Family — Medium Density Residential and RS 15.0 (Single Family, one unit per I S,OOQ square feet). Mayor's Recommendation —The Mayor recommends that the request go forward for further review because it meets all selection criteria. Site=Speeific-Request #2 — Request from Isaac Hildebrandt for a comprehensive plan amendrnent and rezone of 1.18 acres (parcel #292104-9071) located at 1320 South 359�' Street from Single Family — Medium Density Residential and RS 15.0 (one unit per 15,000 square feet) to Single Family — High Density and RS 5.0 (one unit per 5,000 square feet) (or alternately RS 72, one unit per 7,200 square feet). Mayor's Recommendation —The Mayor recommends that the request not go forward for further review because it is not consistent with surrounding zoning or the comprehensive plan. XI. LIST OF ATTACHMENTS Attachment A- Vicinity Map of Site-Specific Request #1 — Hoit Attachment B— Vicinity Map of Site-Specific Request #2 — Hildebrandt Attachment C— Aerial Photo of Site-Specific Request # 1— Hoit Attachment D— Aerial Photo of Site-Specific Request #2 — Hildebrandt K�\Comprehensive PIan�2012 Comprehensive Plan\Selection ProcessU.UTC1Stat�'Report to [he L[JTC.dce � The reasons for invalidating a rezone as an illegal spot zone usually include one or more of the following: (1) the rezone primarily serves a private interest; (2) the rezone is inconsistent with a comprehensive plan or the surrounding territory; or (3) the rezone constitutes arbitrary and capricious action. Each situation must be determined on its own facts and it is not always easy to determine conciusively whether a rezone would constitute an illegal spot zone. Land Use/Transportation Committee (LUTC) Meeting Date: August 6, 2012 Selection Process — Comprehensive Plan Amendments 60 Page 3 of 3 ,, �.� � �f `� Pal d@s �� `�..� Rec�i CentQr C� � �w ��� rn r t `' �� n . x � e. X ' r ` s+�. SE --- , ; 7 i.... � � �I /'�'���. `.� � � \\�!�1r►� � .,� � -.�� � ��� �-... � � � . 9 � F / I , �RS 15.0 ._� "' � 5 � e � �..e . RS7.2 � � �. i I � � � � / ' � � � � — City of Federal Way 2012 Site Specific Requests for Comprehensive Plan and Zoning Designation Changes Hoit Site Specific Request #1 Exhibit Legend ; Site Specific Request Buildings Streets Streams (City Survey) ��� � ���; � Wetlands (1998 City Survey) Q Associated Stream Buffer � Associated Wetland Buffer � Zoning Boundary" Note: An asterix (*) next to a zoning designation indicates the property is govemed by a development agreement. � N 0 250 500 � Feet cirr oF Federal Way This map is accompanied by no warranties, and is simply a graphic representation. City of Federal Way 2012 Site Specific Requests for Comprehensive Plan and Zoning Designation Changes HOIt Site Specific Request #1 Exhibit Legend Site Specific Request Streams (City Survey) ��`��;'��,� Wetlands (1998 City Survey) �. �� Q Zoning Boundary* Note: An asterix (') next to a zoning designation indicates the property is governed by a development agreement. � N 0 250 500 Feet dTY OF Federal Way This map is accompanied by no warranties, and is simply a graphic representation. . - CE ` RM2400 �� �,� RS 1 .0 ana qp: 1 S 356TH ST CE ____ _,� , R 15. 2921049071 S 359TH ST RS 15.0 � • ■ ►�, '. _. � City of Federal Way -. 2012 Site Specific Requests for Comprehensive Plan and Zoning Designation Changes � , _ y. a, ����� H ' .., � � y ... S 359TH ST , Baptist - �;' : Church ` RS 15.0 -=��- S 15. - { , i'�a7��.0 � Todd Beamer � � High School �' � . . - '�• w J1 � . . <� �, �x �. ,; . :� � Hildebrandt Site Specific Request #3 Exhibit Legend Site Specific Request . Wetlands (1998 City Survey) � Zoning Boundar�"` Buildings Streets Note: An asterix (") next to a zoning designation indicates the property is governed by a development agreement. � N 0 250 500 Feet CITY OF ,�,,,,, Federal Way This map is accompanied by no warranties, and is simply a graphic representation. City of Federal Way 2012 Site Specific Requests for Comprehensive Plan and Zoning Designation Changes Hildebrandt Site Specific Request #3 Exhibit Legend Site Specific Request Streams (City Survey) � Wetlands (1998 City Survey) � Zoning Boundar�"' Note: An asterix (*j next to a zoning designation indicates the property is governed by a development agreement. � N 0 250 500 Feet cirr oc � Federal Way This map is accompanied by no warranties, and is simply a graphic representation. �. # �° ��� _.� � � , � . DATE: To: FROM: S UBJ ECT: June 25, 2012 Bob Celski, Chair Land Use/Transportation Cornmittee (LUTC) EXHIBIT Patrick Doherty, Director of Community and Economic Development Mazgaret H. Clark, Principal Planner Selection Process — 2012 Comprehensive Plan Amendments MEETING DATE: 7uly 2, 2012 I. II. 1 [!. POLICY QUESTION Which of the citizen-initiated site-specific requests for comprehensive plan amendments should City of Federal Way staff research further`? BACKGROUND The Federal Way Revised Code (FWRC) xequires the city to accept applications for amendments to the Federal Way Comprehensive Plan (FWCP) text and map on an annual basis. The city received three requests in September 2011. Pursuant to FWRC 19.80.080, after the September 30`� deadline for accepting applications and following an LUTC recommendation, the City Council shall ho(d a public hearing and select those docketed amendment requests it wishes to move to the Planning Commission for further consideration. COMPREHENSIVE PLAN A(v1ENDMENTS Chanaes and updates to t{�e comprehensive plan are divided into text changes to chapters of the comprehensive plan and requests for changes to comprehensive plan designations and zoning for specific parcels, which would resu(t in changes to the Comprehensive Plan Map and Officiai Zoning Map. Following is a summary of the three citizen-initiated comprehensive plan amendments received in September 2011 (2012 Co�l�prehensive Plan Update). 2012 COMPREHENSiVE P�..�N ANIENDMENTS (Exhibit A— C vmposite Map) (i) File Na l 1-1 03 859-t1P — Request from Edward Hoit for a comprehensive plan amendment anc! rezone of 1.82 acres (parce! #112103-9131) locatecl to the west of Dumas Bay Parf: fron� Single Famity — Lo��- C?e�lsity Residential and Subur�>��t i:states (SE, one unit per f�ve acresl ---- -------- _ _ ----__ ! and Use/Transportation Committee 1 i t�[�(' � Meeting Date: July 2. 2�►t 2 S�I��tiun Process—Comprehensive Pta�t ;�k;i�Eidments 65 F'�'�� ��`r � to Single Family— Medium Density Residential and RS 15.0 (Sing(e Family; one unit per 15,000 square feet) (Exhibit B— Vicinity Map). � V. VI. (ii) File No. 11-103895-UP — Request from Mark Barrett for a comprehensive�lan amendment and rezone of 035 acres (parcel #785360-0008) located at 1836 South 308 Street from Single Family — High Density Residential and RS 7.2 (Single Family, one unit per 7,2Q0 square feet) to Multiple Family Residentiai and RM 3600 (Multi-Family, one unit per 3,600 square feet) (Exhibit C— Vicinity Map). (iii)Fite No. 11-103962-UP — Request from Isaac Hildebrandt for a comprehensive plan amendment and rezone of 1.18 acres (parcel #2921U4-9071) located at 1320 South 359`" Street from Single Family— Medium Density Residential and RS 15.0 (Single Family, one unit per I5,000 square feet) to Multiple Family Residential and RM 2400 (Multi-Family, one unit per 2,400 square feet) (Exhibit D— Yicinity Map). REASON FOR COUNCIL ACTION Pursuant to FWRC 19.08.050, Process VI, "Council Rezones," the City Council is required to review all requests concurrently. The first step in the process is a public hearing by the council, at which time the council selects those amendment requests it wishes staffto research further. PROCEDURAL SUMMARY FOR COMPREHENSIVE PLAN AMENDMENT SELECTION PROCESS July 2, 2012 July 17 2012 LUTC Meeting — A summary of all requests will be presented to the LUTC for a recommendation on which requests should be considered further. City Council Public Hearing — The City Council shall determine which requests should be considered further. BACKGROUND AAID STAFF ANALYSIS — SITE-SPECIFIC REQUESTS A composite map showing the location of the site-specific requests to be presented for selection is attached as Exhibit A. A. Site-Specific Request #1— Aoit 1. Summary File Number: Parcel No.: Address: Location• Size: Existing Land Use: Applicant/Owner: Existing Comprehensive Plan: EsisEing Zoning: � I 1-103859-U P 112103-9131 None East of SW 308"' Sd43'� Ave SW and west of Dumas Bay Park 1.82 acres Vacant Edward Hoit Single Family— Low Density Residential Suburban :.�states (SE, one unit per f��� acres) Land Use(Transp��nation Committee (LUTC) Mee�ine Date:luty 2, 2012 Setection Process - Cu�ctpreh�nsive Plan Amendments 66 Page 2 of 8 Requested Comprehensive Plan: Requested Zoning: 2. Reason for the Request Single Family — Medium Density Residentia( RS 15.0 (Single Family, one unit per 15,000 square feet) The land is presently vacant and has both a Class I Wetland and a Major Stream on-site. The com6ination of the 200-foot wide wetland buffer and the 100-foot stream buffer leaves very little if any buildable land. In addition, the parcel does riot have direct access to the adjacent right-of-way to the west. The owner, Mr. Hoit, has owned the parcel for over 25 years and is requesting the rezone to make it consistent with the RS 15.0 zoning to the west, thereby making it a more marketable parcel. 3. Surrounding Zoning & Land Use (Exhibit E— Aerial Map) Zoning Land Use North Suburban Estates (SE, one unit Single-Family Residential per five acres) South Suburban Estates (SE, one unit City Park per five acres) East Suburban Estates (SE, one unit City Park per five acres) West RS 15.0 (Single Family, one unit Single-Family Residential per 15,000 squaze feet) B. Site-Specific Request #2 — Barrett 1. Summary File Number: Parcel No.: Address: Location: Size: Applicantf4wner: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 2. Reason for the Request 11-103895-UP 785360-OQ08 1836 South 308` Street South of South 3U8� Street and west of 19`� Avenue South 0.35 acres Mark Barrett Single Family — High Density Residential RS 7.2 (Single Family, one unit per 7,200 square feet) Multiple Family Residential RM 3600 (Multi-Family, one unit per 3,600 square feet) There is a single family house on the site. The►•e are dupiexes to the west, south, and southeast across 19` Avenue South. The applicant is requesting Multi-Famity zonina in order to build duplexes, which would be consistent with the adjacent uses. 3. Surroancling Zoning & Land Use (Exhihit F,4c:1-iul �b1ap) I and Use/`['ransportation Commirtrr ( I,UTC) - Meetine t�ate: Jul� 2. 20! 2 Sclection Process—Comprehcn�i.c Plan Amenaments (7 P��� '°`g Zoning Land Use North RS 7.2 (Single Family, one Church and Singte-Family Residential unit per 7,200 square feet) South RS 7.2 (Single Family, one Duplexes unit per 7,200 square feet) East RS 7.2 (Single Family, one Single-Family Residential and Duplexes unit per 7,200 square feet) West � l 800 (Multi-family, one Duplex unit per 1,800 square feet) C. Site-Specific Request #3 — Hildebrandt 1. Summary File Number: Parcel No.: Address: Location: Size: Applicant: Agent: Owners: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requestecf Zoning: 2. Reasou for the Request 11-103962-UP 292104-9071 1320 South 359`� Street North of South 359`�' Street and west of 16�' Avenue South 1.18 acres Eric Hildebrandt Isaac Hildebrandt Eric Hildebrandt and Jesse Cherian Single Family — Medium Density Residential RS 15.0 (Single Family, one unit per 15,000 square feet) Multiple Famity Residential RM 2400 (Multi-Fami(y, one unit per 2,400 square feet) There is a single family home on this parcel. Land uses to the east, west, and south are single-family resiclential. The applicants own the two parcels to the north of the subject property, which are 16.63 acres in size. They wou(d iike to build a multi-family complex on the northern parcels and use the subject parcel for additional access and as a utiiity easement. 3. Surrounding Zoning & Land Use (Exhibit —.4eria! Map) G Zoning Land Use North RM 2400 (Multi-Family, one Vacant and Manufacturing Plant unit per 2,400 square feet) Sauth RS 15.0 (Singte Family, one ���jle-Family Residential unit per I5,000 square feet) East RS 15.0 (Single Family, one Single-Family Residential � unit per 15,000 square feet) � Land Use/Transportation Committre (LUTC) Meetine Date: luh 2_ 2012 Selection Process — Compreh�nsi� e Pian Amendments g$ Pati� 4 of 8 West RS 15.0 (Single Family, one Single-Family Residentiai unit per 15,000 square feet) VII. SELECTION CRITERIA FWRC 19.80.080 contains criteria for selecting amendments forfurther consideration. A. Criterion #1— Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Response to Criterion #1— Request Response Site Specific Reguest #1— This issue was not studied during the last amendment process, or Hoit during any previous amendment cycle. Site Specific Request # 2— This issue was not studied during the last amendment process, or Barrett during any previous amendment cycle. Site Specific Request # 3— This issue was not studied during the last amendment process. Th Hildebrandt two parcels to the north, which are also owned by the applicants, were rezoned from Commercial Enterprise (CE) to Multi-Family (RM 2400) as part of the 2010 Comprehensive Plan Amendment Process. B. Criterion #2 — The proposed amendment is consistent with the overall vision of the comprehensive plan. Response to Criterion #2 — Req uest Response Site Specific Request #I — Changing the designarion of this parcel from Suburban Estates Hort (SE) to Single Family — High Density Residential (RS I5.0) would not be consistent with the overall vision of the comprehensive plan. The existing SE designation for the subject parcel is consistent with the vision of the comprehensive plan to retain targer urban lots on or near critical areas in order to avoid development pressure. The comprehensive plan states that there are two notable locations that meet this criterion: Spring Valley, located in the southern portion of the city; and along Puget Sound near Dumas Bay in the vicinity of Camp Kilworth and the Palisades Retreat properry. This property is west of and abuts Dumas Bay Park. Si[e .Specifrc Request # 2 — f3trrretf i Designating this parcel as multi-family is consistent with Land Use Policy L[JP23, which is supportive of locating multiple-family development where transportation and capital facifities improvemen[s are available. All utilities are avaiiable to the site. In addition. the parcet is adjacent to South 308` Street, a minor collector, �vhich is intended to connect higher density areas to the arterial system. The proposed amendment would also allow ' developmenr of the site to be consistent with acljacent land uses. Land [ isei"i Cummittee (LUTC) Meering Date: .luly 2, 2012 Selectioi� Pr��cc��. l.'r Plan Amendmznts 69 Page 5 of 8 Request � Response Site Specifrc Reqa�est # 3— This request is not consistent with the comprehensive plan policy Hildebrandt to preserve and protect Federal Way's single-family neighborhoods (LUG3). G Criterion #3 — Whether the proposed amendrnent meets the existing state and local laws, including the GMA. Response to Critepion #3 — None of the proposed amendments, if adopted, would be in conflict with local or state laws if subsequent development of the parcels are in compliance with local and state regulations, including the FWRC and State Environmental Policy Act (SEPA). D. Criterion #4 — In the case of text amendments, or other amendments to goals or policies, whether the request benefits the city as a whole versvs a selected group. Response to Criterion #4 — Not applicable. The requests are site-specific requests and not requests for text amendments. If the request meets the criteria set forth in subsections above, it shall be further evaluated according to the following criteria: E. Criterion #1— Whether the proposed amendment can be incorporated into planned or active projects. Response to C'riterion #1— If the City Council determines that these requests shoutd be analyzed further, they can be incorporated into the 2012 Planning Commission Work Program. F. Criterion #2 — Amount of analysis n.ecessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workload, staffing levels, etc. Response to C'riterion #2 —None of the requests require a targe-scale study. G. Criterion #3 — Vo(ume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. Response to Criterion #3 — Only three requests were received for the 2012 Comprehensive Plan Amendment Cycle. H. Criterion #-� — Order of requests received. Response to Criteriorr #4 — The requests were received in the following order: l. Hoit 2. Barcett 3. Hildebrai�dt Land Lse/Transpurtation Commi��ee (Lt�TC} ------ ------ Meeting l?aie��fuly 2. 2012 Selection Process — Comprchen.i-. � Plan �lmendments 70 Page 6��f 8 VIII. COUNCIL ACTION IX. X. Pursuant to FWRC 19.80.080(4), based on its review of requests according to the criteria in Section VII of this staff report, the City Council shall determine which requests shall be further considered for adoption and shall forward those requests to the Planning Commission for its review and recommendation. The council's decision whether to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted, nor does it preclude later council action to add an amendment for consideration. MAYOR'S RECOMMENDATION A. Site-Spec�c Request #1— Request from Edward Hoit for a comprehensive plan amendment and rezone of 1.82 acres (parcel #112103-9131) located to the west of Dumas Bay Park from Single Family — Low Density Residential and Suburban Estates (SE, one unit per five acres) to Single Family — Medium Density Residential and RS 15.0 (Single Family, one unit per 15,000 square feet). Mayor's Recommendation —The Mayor recommends that the request not go forward for further review because it does not conform to the comprehensive plan. B. Site-Specific Request #2 — Request from Mark Barrett for a comprehensive plan amendment and rezone of 035 acres (parcel #785360-0008) located at 1836 South 308�' Street from Single Family — High Density Residential and RS 7.2 (Single Family, one unit per 7,200 square feet) to Multiple Family Residential and RM 3600 (Multi-Family, one unitper 3,600 square feet). Mayor's Recommendation — The Mayor recommends that the LUTC forward the proposed amendxnent request for consideration by the Plannina Commission, LUTC, and City Council. G Site-Specific Request #3 — Request frorn Isaac Hildebrandt for a comprehensive plan amendment and rezone of 1.18 acres (parcel #292104-9471) located at 1320 South 359`" Street from Single Family— Medium Density Residentia( and RS 15.0 (Single Famity, one unit per 15,000 square feet) to Multiple Family Residential and RM 2400 (Multi-Family, one unit per 2,400 square feet). Mayor's Recommendation —The Mayor recommends that the request not go forward for further review because it does not conform to the comprehensive plan. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards tl�e recommendation to the full Council as follows: I . Hoit Request a) b) That the request go forward for further consideration. That the request not go forward for ft�rther consideration. Land Use/Transportatiun Comrninrr r I f) T'C`� Meeting (�ate: iuh ?_ 2012 Seiection Process—Comprehcrz�i�c i'ian rlrnendments 71 ('<���e 7ot�8 APPIZOVAL OF COMMITTEE REPORT: Bob Celski, Chair Jeanne Burbidge, Member Susan Honda, Member 2. Barrett Request a) That the request go forward for further consideration. b) That the request not go forward for further consideration. A'E'PRO�'AL OF EOMMITTEE RE�?RT: Bat� Celski Chair �eann� Burbidge, Member �us�i �ontta, Ivlecnber 3. Hildebrandt Request a) That the request go forward for further consideration. b) That the request not go forward for further consideration. APPR(}YAL QF COMNIITTEE REPE���': Boh �elski Chair ` 7e�nne Burbidge, Member St�sar� I�o XI. LIS'r o� ExH i siTs Exhibit A Composite Map Exhibit B Vicinity Map of Site-Specific Request #1 —Hoit Exhibit C Vicinity Map of Site-Specific Request #2 —Barrett Exhibit D Vici►tity Map of Site-Specific Request #3 — Hildebrandt Exhibit E Aerial Photo of Site-Specific Request # 1— Hoit Eachibit F Aerial Photo of Site-Specific Request #2 — Barrett Exhihit G Aerial Photo of Site-Specific Request #3 — Hildebrandt K:\Comprehensive PIan12012 Comprehensive PlaniSelection Process�LtJ I�C�Staff RepoR to the LUTC.doc --------- -- -_ _ _ Land lJse/'franspi?rta[ion C�ummittee (LUTC) Setection Proces> - C:�rnpr�hensive Plan Amendmen�s '72 �da. Member �Iretin� (3ate: 3uly 2, 2012 Page 8 of 8 Abbey Ro�d July 27th, 2012 Federal Way City Hail EXHIBIT ATTN: � • Isaac Conlen • Margaret Clark 33325 S'" Avenue South PO Box 9718 Federal Way, WA 98063-9718 RE: OT-179, City of Federal Way File No.11-103962-UP, 2012 Comprehensive Plan Amendments Request for and of Hildebrandt Request for Parcel #: 292104-9071, Dear Isaac and Margaret, The following information is provided as a follow up to the Land Use And Transportation Committee meeting of 8 July 2012 and my follow up meeting with City Staff on 25 July 2012 in regards to Ciry of Federal Way File No. 11-103962-UP, 2012 Comprehensive Plan Amendments Request for and of Hildebrandt Request for Parcel #: 292104-9071, The following information is provided to modify and support the Master Land Use Application of 24 Sept 2�11 for 2012 Comprehensive Plan Amendments Request for and of Hitdebrandt Request for Parcel #: 292104-9071 (See Atkached). Please accept this information in general to change the following: Proposed Amendment. Modify / Change the proposed requested Comprehensive and Zoning change as follows: Comprehensive Plan Requested Chanae: From: Single Family - Medium Density Residential Q Single Family - High Density Residential Zoning Requested Change: From: Single Family - High Density Residential (RS-15) To: Single Family - High Density Residential RS 5.0 (That allows "0" Lot line Development) Alternate to: Single Family - High Density Residential RS 72 (If the code was changed to allow "0" Lot line Development) Abbey Road Group Land Development Services Company, LLC PO Box 1224, Puyallup, WA 98371 Phone:253-435-3699 Fax:253-446-3159 www.abbc�oadgrou p.com Please accept this information as a modification / Change and supportive documentation in regards to the City of Federal Way File No. 11-103962-UP, 2012 Comprehensive Plan Amendments Request for and of Hildebrandt Request for Parcel #: 292104-9071 If you have any questions or need additional information, please contact me at (253) 435-3699 x1516. Sincerely, ., Gi Hu sma CEO - Director of Land Development Services Abbey Road Group Land Development Servfces Company, LLC 253-435-3699 Phone 253-446-3159 Fax GiL Hu/smannCcDAbbe yRoadGroup. com www. abbevroadgroua.com Attachments: o Zoning Request Modification Summary and Support / Justification Document o Area Vicinity Aerial Map o Site Area Vicinity Aerial Map o City of Federal Way Site Area Comprehensive Map o City of Federal Way Site Zoning Map 74 City of Federal Way Comprehensive Plan Amendment (Update I AdJustment) Request for Hildebrandt Parcel #: 292104-9071, File No.11-103962-UP, 2012 27 July 2012 SUBJECT: Zoning Request Modification Summary and Support / Justification Document Proaosed Amendment. Comprehensive Plan reauested Chana�_ From: Singie Family - Medium Density Residential To: Single Family - High Density Residential Zoninq Reauested Chanae: From: Single Family - High Density Residential (RS-15) TQ Single Family - High Density Residential RS 5.0 (That allows "U" Lot line Development) Alternate to: Single Family - High Density Residential RS 7.2 (If the code was changed to allow "0" Lot line Development) SUPPORT FOR THE AMENDMENT The pro�osed area that the parcel is located in as no transition zone between commercial / Multi Familv on the north and the medium density Residential to the south, Also the zoning itself is the original zoning that was in place p�ior to the full area infrastructure being i� placed (Roads, Water, Sanitary). Additionally the area itself consists of high use areas of non residential homes and lots, "A Church, A High School, A City storage Faciiity / Yard and additional adjacent Multi Family Developments to the east and proposed to the north". As stated and indicated above there is no transition zone established for this area. The comarehensive Plan states that: Housing is a basic need and a major factor in the quality of life for individuals and families. An adeauate supply of affordable attractive and functional housina is fundamental to achievina a sense of communitv. The central issue related to land use is supplying enough land to accommodate projected growth for a range af incomes and households. Presently, housing is provided primarily in single-family subdivisions or multiple-unit complexes. This plan devises strateaies to increase housing o�tions and choices. The Land Use chapter advocates changes to current development codes to increase flexibility in platting land and encourage housing as pa�t of mixed-use developments in commercial areas. The latter provides an opportunity to locate housing closer to employment and shopping, and to create affordable housing. 75 The demand for and development of single-family housing is expected to continue for the foreseeable future. Single-family developrnent wi�l occur as in-fill development of vacant lots scattered throughout existing neighborhoods and as subdivisions on vacant tracts of land. To address future housing needs, the Land Use chapter encourages new techniques for developing single-family subdivisions. Such fechniques inefude clusfering, planned unit deve/opments, Iot size averaging, cottage housing, zero !ot line development, accessory dwelling units, and special needs housing. • To address future housing needs, the Land Use chapter encouraaes new techniques for developing sin4le-family subdivisions. Such technic�ues include clustering, planned unit developments, lot size averaging, cottage housing, zero lot line develo�ment, accessory dwelling units, and special needs housing. (See actual code full text below) • Single Family High Density residential designations are Iocated within close and convenient �roximity to neic�hborhood business centers, areas of existinq or future emqloyment, a it, and existin4 urban infrastructure and services. Future Single Family High Density development should have good access to collector and arterial streets. (See actual code full text below) • Goal LUG3.1 Provide wide ranae of housincr densitiss and types in the sinale-familv Desrgnafed areas. • Policies - LUP16 Revise existina land use reaulations to provide for innovation and flexibilitv in the desian of new sinale-family devefopments and in-fi1L - LUP19 Consider snecial development techniques (e.g., lot size averagina cottape housina and planned unit developmentsl in single- famity areas, provided they result in residenfia! development consisfent with the qualrfy and character of exisfing neighhorhoods. Analvsis Overview: In review of the area and the code we believe the above and following not only supports the propose zoning change from Single Family - Medium Density Residential to Single Family - High Density Residential for this lot but also we believe that the city should look at esfablishing a transition zone between the Multi Family Zoning to the North and East and the Single Family - Medium Density Residential to the south of South 359'" Street by establishing a transition zone of High Density Single Family Residential SF 7.2 or SF 5.0 between the RM 2,400 Multi Family zoning on the North of the area and the Medium Density Residential RS 15,000 density to the south of this area. Allowing for a transiting of RM 2,400 to High Density Single Family Residential SF 7.2 or SF 5.0 to Medium Density Single Family RS 15. "*As a reminder, Singte Family - High Density Residential is Not Multi Family Development Questions to Consider per the Comprehenslve Plan Process: 1. QUESTION: o Was the same area or issue studied during the last amendment process and / or conditions in the immediate vicinity significantly changed so as to make the requested change within the Public interest? ANSWERS: o This area has not been studied in the last 5 plus years. o This area has changed in the past 5 plus years because of the adjacent zoning being changed last year. o The site area now has complete infrastructure 76 o Transit has moved closer ta the site in the last 5 plus years o Adjacent retailed has moved closer to the site over the last in the last 5 plus years o A new proposed I— 5 Connection is moving closer to the site this year. � • o Whether the proposed amendment is consistent with the overall vision of the comprehensive pian. ANSWERS: Yes as stated in the Comprehensive Plan: The demand for and development of single- family housing is expected to continue for the foreseeable future. Single-family development will occur as in-fill development of vacant (ots scattered throughout existing neighborhoods and as subdivisions on vacant tracts of land. To address iuture housing nesds, the Land Use chapter encourages new techniques for developing single-family subdivisions. Such techniques include clustering, planned unit developments, !ot size averaging, cottage housing, zero lot line developmenf, accessory dwelling units, and special needs housing. 3. QUESTION: o Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. ANSWERS: o Yes, The demand for and development of single-family housing is expected to continue for the foreseeable future. Single-family development will occur as in-fill development of vacant lots scattered throughout existing neighborhoods and as subdivisions on vacant t�acts of land. 4. QUESTION: o In the case of text amendments or other amendments to goals or policies, whether the request benefits the city as a whole versus a selected group. ANSWERS: Yes — The proposed amendment provides for a transition zone between zoning uses and density's as is throughout the city and also as identified in the City code. And the request meets the demand for and development of single-family housing based on the expected increase need for the foreseeable future. Single-family development will occur as in-fill development of vacant lots scattered th�oughout existing neighborhoods and as subdivisions on vacant tracts of land. To address future housing needs, the Land Use chapter encourages new techniques for developing sfngle-family subdivisions. Such techniques include clustering, planned unit developments, !ot size averaging, cottage housing, zero lot line development, accessory dwelfing units, and special needs housing. 5. QUESTION: o If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: ANSWERS: 77 o Yes. 6. QUESTION: o Whether the proposed amendment can be incorporated into planned or active projects ANSWERS: o In is our understanding the proposed amendment can be incorporated into planned or active projects of the City Staff. 7. QUESTION: o Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workloads, staffing leveis, etc. ANSWERS: o In is our understanding the requested study's can be incorporated within the availability work Plan of the City Staff? 8. QUESTION: o Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. ANSWERS: o In our understanding the request volume(s} is within the availability work Plan of the City Staff. Comprehens[ve Plan Support Information: The following information is taken from the City of Federal Way's Comprehensive Plan in support of this request. • Single Family - Medium Density Residential RS 35,000 & 15,000 • Single Family - High Density Residential RS 9600, 7200, 5000 • Mulkiple Family Residential RM 3600, 2400, 1800 Residential Areas Single Family Federal Way is known for its quality single-family neighborhoods. This section contains goals and policies that will shape future development and protect or improve the character and livability of established neighborhoods. The demand for and development of single-family housing is expected to continue for the foreseeable future. Single-family development will occur as in-fill development of vacant lots scattered throughout existing neighborhoods and as subdivisions on vacant tracts of land. To address future housing needs, the Land Use chapter encourages new technfques for developing single-family subdlvlsfons. Such techniques include clustering, planned unft developments, lot size averaging, cottage housing, zero lot llne developmen[, accessory dwelling units, and specia! needs housing. 78 Single Family Medium Density The Single Family Medium Density designation creates urban lots with a density range of one to three dwelling units per acre to avoid developing on or near environmentally sensitive areas. The Single Family Medium Density designation can be found along the Puget Sound shoreline and south of South 356th Street, both east and west of SR 99. Lot sizes of 35,000 and 15,000 square feet provide for a transition in density between land designated as Single Family High Density Residential and Single Family Low Density Residential. Some areas designated as Single Family Medium Density Residential still lack urban services and infrastructure. Upon provision of urban services, such as water and sewer, an increase in density may be warranted. The relatively large lot sizes along the Puget Sound shoreline areas are appropriate due to geological features including steep slopes and landslide hazards commonly associated with marine bluffs. As with the Single Family Low designation, the Single Family Medium designations south of South 356th are located in the West Branch Hylebos Creek Sub-Basin. As noted in the Single Family Low Density description, this sub-basin contains a number of environmentally sensitive areas. This area of lower density zoning occurs on both the east and west sides of 1 st Avenue South. However, there are major environmental land ownership differences between the two areas. The area east of 1 st Avenue South is characterized by the Hylebos Wetlands and associated streams. In addition, there are many parcels that are either publicly owned or are intended as wetland mitigation for development elsewhere in the drainage basin. Therefore, based on the relative absence of environmental constraints and the future availability of public services in the area west of 1 st Avenue South, an increase in density may be warranted. Single Family High Density A majority of the single-family residential land in the City is designated as Single Family High Density. Urban densities of approximately 4.5, 6.0, and 8.7 dwelling units per acre in the RS 9.6, RS 7.2, and RS 5.0 zoning districts respectively, provide for a range of housing densities. Single Family Hlgh Denslfy residential designations are /ocated within c/ose and convenient proximity to neighborhood business centers, areas of exPsting or future employment, fransit, and existing urban infrastructure and services. Future Single Family High Denslty developmenf should have good access to collector and arterial streets. Goal • LUG3 Preserve and protects Fedsra! Way's sing/e-family neighborhoods. LUG3.1 Provfde wide range of housing densities and lypes in the single-family designated areas. Policies • LUP14 Maintain and protect the character of existing and future single-family Neighborhoods through strict enforcement of the City's land use regulations. • LUP15 Protect residential areas from impacts of adjacent non-residential uses. • LUP96 Revise existfng land use regulations to provide for innovation and flexibl/!ty In the deslgn of new sfngle-family developments and in-ff!!. • LUP17 Encourage the development of transportation routes and facilities to serve single-family neighborhoods. Special attention should be given to pedestrian circulakion. • LUP18 Encourage the development of parks and the dedication of open space in and adjacent to residential areas to preserve the natural setting of Federal Way. 79 LUP19 Consider specla/ development techniques (e.g., !ot slze averaging, cottage housing, and planned unl! developments) in sJngle-famfly areas, provlded they resu/t ln resfdentfal development consistent wlth the quality and characfer of ex�st/ng nelghborhoods. • LUP20 Preserve site characteristics that enhance residential development (trees, watercourses, vistas, and similar features} using site planning techniques such as clustering, planned unit developments, and lot size averaging. Abbey Road Group land Development Services Company, LlC PO Box 1224, Puyallup, WA 98371 Phone:253-435-3699 Fax:253-4463159 www.abbeyroadgroup.com 80 � � Legend: Comprehensive Plan Designatians � ' Cily Center Core � � '` Cny Centsr Frame � Communfly Du�mess � Comnerdei E�Gtrprise Commerdal�Recreatlon �;,q Corporale Park i' ` j Multi�Famiy � ": � Neighborhood Commerdal Of�w Pe�fc 4 , < ` ^� Parks and Opcn Spece Professlonat O`ficc Slnflle Famih/, �ow Dansity 3Yp�e Fam7g tAe�um Uensity 6fn�e Family, High De.rt4try City of Federal Way 83 •� '�., ,.; .�� , .. � ;;� , � . a :, � � �; . l � � :;�� , + 1 .• ( r � � � � �� � t� 6' � ! �r`'; � #� � �, � � � v `t , � ' r � � F+ �,,• �� ji {z - � 4� � .. a � 1. � t ti;:�'� � � . �, :�,� * � ' �o �-rSrt��r4�rY,c��� t �; Q. f���t�, ti ;� ' �; � -�- �-• Comprehensive Plan fedo�ai Way Zon6rg Dasignatians: f�mmsrrlal7nrtes �'� % BC -Ccmm�mhy Buskieu Bt1- t�eighharhocd BusMess � CE-CtmmatcislEnttrptisa h&irad•Uso Zones , i CG Ciry CerAer Core CF - City Cc�to� Framo AfWN•FsmiN2rvn.a RA11800 • 1 Ul� f 1,800 $Quare F6e1 RM2400 • 1 Unk f 2.A00 SWxe Faet RI�C3�00 . 1 UnR I 3p00 5G�cve Feet p(R6A Ll7IB8 ���: � CP.1- Carpo.qto Pxk O.'' - OFioe Paitt . . � O?-1 • 0flica Park 1 "' `# O?•2 . (bYttA PaAt 2 °�:� O?-3 • ORlca Pa�k 3 . ��e 0��4 � pTica VaA � � � �- PO-Pr•�tessbial04'r.e ,�s f�+� 2mas RSib.O • 1 UnR! 15.000 Square Feat K335A - 7 IInR t 35,7]� &p�are Fe�l RSiA-1 Ua4l 5,000 Squara Faet RS72 -1 Uot / 720D Cquere Feat R89b - I Unt! 8,800 Spuere Feel tiF . 7 Unh I 6 A^�f�: City of Federal Way Zoning 84 r !� ��� k� 100� �, � � � % y , � �� � � ,n � � �� � 4 '{ `"' g ' -`a.. + �F_` :� a , . �� ' r ,, , � , ,.� ;. ; r f , :� , �, , � r , - . ��, � , , } � � � .