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ORD 18-859 ORDINANCE NO. 18-859 AN ORDINANCE of the City of Federal Way, Washington, relating to Complete Streets policy revisions to build streets for all users and travel modes; amending FWRC 19.135.205. (Amending Ordinance No. 12-718) 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 the 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 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt a revised Complete Streets policy which provides stronger development regulations for the accommodation of pedestrians, bicyclists, and transit users of all ages and abilities, as well as motorists,passengers, and freight within the City of Federal Way; and WHEREAS, complete streets are designed to provide safe access to users of all ages and abilities, including pedestrians, bicyclists, transit users, motorists,passengers, and freight; and WHEREAS, the goal of the complete streets program is to: (1) promote the health and fitness of the Federal Way community by encouraging walking, cycling, and the use of public transit; (2) improve safety by scoping, planning, and designing arterials to include features such as wider sidewalks, dedicated multi-use pathways, dedicated bicycle facilities, medians, and Ordinance No. 18-859 Page 1 of 9 streetscape features; and (3) protect the environment and reduce congestion by providing safe alternatives to single occupancy driving; and WHEREAS, walking and cycling enhances physical and mental health through physical activity, helps reduce obesity, and helps to reduce air pollution; and WHEREAS, Federal Way's Comprehensive Plan Transportation Element goals include providing a connected system of pedestrian and bicycle facilities that are integrated into a coordinated regional network as well as providing for an enhanced high capacity transit system; and WHEREAS, Federal Way's Comprehensive Plan Transportation Element policies support increased access to non-motorized and alternative modes of transportation and emphasize transportation safety and efficiency; and WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the Proposal on September 7, 2018, and no comments or appeals were received and the DNS was finalized on October 12, 2018; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on October 24, 2018; and WHEREAS, due to absences of three of the seven Planning Commissioners, the four Planning Commissioners in attendance voted three to one in favor of recommending adoption of the code amendments; and WHEREAS, FWRC 19.80.240(1)(a) requires a majority vote of the entire membership of the Planning Commission to recommend that the City Council adopt the code amendments; and WHEREAS, a majority of the entire membership of the Planning Commission did not recommend that the City Council should adopt the code amendments; and Ordinance No. 18-859 Page 2 of 9 WHEREAS, pursuant to FWRC 19.80.240(1)(c), the code amendments were sent to the Land Use & Transportation Committee of the Federal Way City Council without a Planning Commission recommendation; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these code amendments on November 5, 2018, and recommended adoption of the text amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by reinforcing the city's commitment to ensuring infrastructure improvements are made with the consideration for safe and convenient travel for all modes of transportation.. (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 Federal Way Comprehensive Plan. (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. Ordinance No. 18-859 Page 3 of 9 Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: TP1.1 Reduce reliance on drive alone trips by prioritizing and implementing supportive local-level transit, high-occupancy vehicle (HOV), and non-motorized improvements. TP1.5 Enhance mobility using the existing footprint of the roadway and technological advancements. When widening roadways, impacts to non-motorized users and transit vehicles and passengers should be minimized. TP1.10 Coordinate with transit agencies to provide convenient non-motorized access to transit facilities. TP2.3 Prioritize transportation projects considering concurrency, safety, multimodal enhancements, environmental impacts, and cost effectiveness. TP2.4 Assure cost-effective maintenance of transportation facilities under the City's jurisdiction,including non-motorized facilities. TP3.8 Encourage non-motorized improvements that minimize the need for residents to use motorized modes by extending the existing non-motorized system and providing: 1. Access to activity centers and schools; 2. Linkage to transit, park& ride lots, and school bus networks; 3. Completion of planned pedestrian/jogging or bicycle trails; 4. Designating a network of streets that can safely and efficiently accommodate bicycles; and 5. Extend sidewalks to all streets. TP3.10 Provide a one-mile grid of bicycle facilities connecting major activity centers,recreational facilities, and schools. TP3.11 Incorporate pedestrian and bicycle features as design elements in the City Center as reflected in the Federal Way Comprehensive Plan Vision and City Center Street Design Guidelines. Ordinance No. 18-859 Page 4 of 9 TP3.12 Include sufficient area in rights-of-way for bike lanes, sidewalks, and landscaped medians to provide separation from motorized traffic. Use landscaped medians to separate opposing traffic when safety and aesthetic purposes dictate the need. TP3.17 Coordinate development of the non-motorized system with surrounding jurisdictions and regional system extensions. TP4.4 Protect existing and acquire future right-of-way consistent with functional classification cross-section (transit, rail,bike, and pedestrian) needs. TP4.7 Enhance the viability of regional and local transit service by establishing design standards for streets that move transit, pedestrian, and cyclists in the City Center. TP5.8 Encourage the provision of a robust transportation alternative rich environment so that all members of the community, including those with transportation disadvantages, have viable travel options or alternatives. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it ensures that transportation improvements consider the safety and mobility of all modes of travel, and the varying abilities of citizens t o move throughout the community safely and easily on foot and bicycle. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because complete streets are focused on the safe and convenient movement of people using all modes of travel. Complete streets also support economic development as access to commercial areas and between neighborhoods and commercial areas is enhanced with greater emphasis on connectivity. Livability is improved as it becomes easier to move about the community. Ordinance No. 18-859 Page 5 of 9 Section 3. FWRC 19.135.205 is hereby amended to read as follows: 19.135.205 Complete Streets. (1) Complete Streets Policy. The city of Federal Way will plan for, design, and construct all new and retrofitted transportation projects to provide reasonable and appropriate accommodation for pedestrians, bicyclists, and transit passengers users of all ages and abilities, as well as trucks, buses, and automobiles motorists, passengers, emergency responders, and freight, with a goal of street connectivity that creates a comprehensive, integrated, connected network for all modes because all users of the network are legitimate and equally deserving of safe facilities. (2) "Complete Street"means a road that is designed to be safe and accessible for motorists, bicyclists, school and public transit users, freight,emergency responders, and pedestrians of all ages and abilities. The complete street policy focuses not just on changing individual roads,but on changing the decision-making process so that all users are routinely considered during the scoping,planning, design, construction, operation. and maintenance of all roadways. "Complete streets infrastructure"means design features that contribute to a safe, convenient, or comfortable travel experience for users, including but not limited to features such as: sidewalks; shared use paths; bicycle lanes; automobile lanes; paved shoulders; street trees and landscaping; planter strips; curbs; accessible curb ramps; bulb outs; crosswalks; refuge islands; pedestrian and traffic signals, including countdown and accessible signals; signage; street furniture; bicycle parking facilities; mini-roundabouts; traffic calming devices such as speed humps and traffic circles, and surface treatments such as paving blocks and textured pavement; narrow vehicle lanes; and raised medians. (3) The City of Federal Way shall incorporate complete streets infrastructure into the Transportation Element of the City's Comprehensive Plan, ADA Transition Plan, Public Works Develo sment Standards Parks and Recreational Master Plan and all other •lans manuals rules regulations, and programs as feasible and appropriate. (4) The City of Federal Way will foster partnerships with all Washington State transportation funding agencies including the Washington State Department of Transportation,the Transportation Improvement Board, the Federal Highway Administration, King County, Federal WaySchool District, citizens, businesses, interest groups, neighborhoods, and anyfunding p g agency to implement Federal Way's complete streets policy. Ordinance No. 18-859 Page 6 of 9 (5) The Public Works Director, or their designee, shall modify, develop, and adopt policies, design criteria, standards, and guidelines based upon recognized best practices in street design, construction, and operations, including but not limited to the latest editions of the American Association of State Transportation Officials and Institute of Transportation Engineers guidelines and standards,while reflecting the context and character of the surrounding built and natural environment and enhancing the appearance of such. (26) Exceptions. Facilities for bicyclists, pedestrians, transit users and/or persons of all ages and abilities are not required to be provided in new construction, retrofit, or reconstruction projects, except in any of the following extraordinary circumstances: (a) Where establishment would be contrary to public safety The project involves a roadway on which non-motorized use is prohibited by law. In this case an effort shall be made to accommodate pedestrians and bicyclists elsewhere, including on roadways that cross or otherwise intersect with the affected roadway; or (b) Where there is no identified current or long-term need, as established in city plans and future travel demand models; or (c) . . - - •. - . . - . . - •. ; - --- - with problematic transitions en either end, er that are unlikely to be followed by similar improvements at either end, resulting in little progress-en implementing multi modal networks as set forth in the transportation chapter of the Federal Way Comprehensive Plan; Where the cost of accommodation is excessively disproportionate to the need or_probable use; audzor (d) Where a modification, deferment, or waiver to the req-uirements-ef this chapter has been _ • . • (d) Where routine maintenance and repair of the transportation network is performed that does not change the roadway geometry or operations, such as mowing, sweeping, spot repair, surface treatments, re-paving, pavement overlay, or interim measures; or Ordinance No. 18-859 Page 7 0.1'9 (e) Where emergency repairs require an immediate, rapid response; however,temporary accommodations for all modes should still be made. Depending on the severity of the repairs, opportunities to improve multimodal access should still be made; or (f) Where a reasonable and equivalent project along the same corridor is already programmed to provide facilities exempted from the project at hand. Any exception to this policy for public projects requires documentation and supporting data to be approved by the City Council upon review and recommendation from the Land Use and Transportation Committee. Supporting documents and data for all requested exemptions shall be made publicly available. Exceptions to this policy, as outlined above, may be granted by the Public Works Director for private development projects in response to a modification, deferment, or waiver request under FWRC 19.135.070. Supporting documents and data for all such granted exceptions shall be made publicly available with ability for public comment. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 18-859 Page 8 of 9 Section 7. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED bythe CityCouncil of the Cityof Federal Waythis 4th dayof December, 2018. CITY OF FEDERAL WAY: II f' FE'RELL, MAYOR ATTEST: • S 'H NIE COURTNEY C, CITY CLERK APPROVED AS TO FORM: alkZ J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 11/14/2018 PASSED BY THE CITY COUNCIL: 12/04/2018 PUBLISHED: 12/07/2018 EFFECTIVE DATE: 12/12/2018 ORDINANCE NO.: 18-85q Ordinance No. 18-859 Page 9 of 9