Planning Commission Staff Report
Proposed Code Amendments: Public Transportation Facilities 21-103529-UP & 21-103530-SE
Planning Commission Staff Report Page 1 of 4
Department of Community Development
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-2607
www.cityoffederalway.com
Jim Ferrell, Mayor
Date: September 7, 2021
To: Planning Commission
From: Brian Davis, Director of Community Development
Keith Niven, AICP, CEcD, Planning Manager
James Rogers, Senior Planner
Subject: Proposed Code Amendments: Public Transportation Facilities
Files: 21-103529-UP & 21-103530-SE
I. FINANCIAL IMPACTS
There is no financial impact to the city for this code update. This is a non-project proposal.
II. BACKGROUND
Community Development is seeking to amend Title 19 of the Federal Way Revised Code (FWRC).
These proposed code amendments are to allow Light Rail or Commuter Rail Transit Facilities as a
specified permitted use within the Commercial Enterprise (CE) and City Center Core (CC-C) zones.
These facilities are currently allowed in these zones as Essential Public Facilities. This proposed
change would allow the city to apply more specific controls through development regulations for
that use, where currently they are allowed more broadly as essential public facilities. Specifically,
the revised code would require that transit stations provide a minimum number of parking spaces
for users of the facility.
III. PROPOSED CODE AMENDMENTS
Code Amendment 1 – City Center Core – New Land Use Chart
Allow the addition of “Light Rail or Commuter Rail Transit Facility” as a permitted use under a
new code number 19.225.105 Public Transportation Facilities (see Exhibit 1).
Code Amendment 2 – Commercial Enterprise – New Land Use Chart
Allow the addition of “Light Rai or Commuter Rail Transit Facility” as a permitted use under a
new code number 19.240.135 Public Transportation Facilities (see Exhibit 2).
Proposed Code Amendments: Public Transportation Facilities 21-103529-UP & 21-103530-SE
Planning Commission Staff Report Page 2 of 4
Code Amendment 3 – New Definition
Add a new definition to 19.05.120 L definitions to read:
“Light rail or commuter rail transit facility” means a structure or other improvement of a regional
light rail or commuter rail transit system, which includes ventilation structures, traction power
substations, utilities serving the regional transit system, transit stations and related passenger
amenities, bus layover and inter-modal passenger transfer facilities, parking garages, park and
rides, tunnel portals, storage track and support facilities, and transit station access facilities.
Code Amendment 4 – Text Amendment
Amend the text of 19.105.020 Essential Public Facilities to read:
(1) Generally. The review and siting of essential public facilities shall conform to the following:
(a) Class I facilities shall be reviewed under the zoning provisions found in their respective
zoning districts, as well as the special provisions outlined in subsection (2) of this section.
Review of Class I facilities shall be under process IV, hearing examiner decision.
(b) Class II facilities shall be reviewed under the zoning provisions and processes found in
their respective zoning districts, unless they are found to be exempt under the Federal Fair
Housing Act, in which case such exemption does not imply an exemption from applicable
building or structural standards.
IV. SEPA – DETERMINATION OF NONSIGNIFICANCE (DNS)
The city’s Responsible Official has determined that this non-project proposal does not have a
probable significant adverse impact on the environment, and an Environmental Impact Statement
(EIS) is not required under RCW 43.21C.030(2)(c). The required 60-day notice was posted with the
Dept. of Commerce on August 25, 2021. SEPA documentation for this proposal can be found at
https://docs.cityoffederalway.com/weblink/browse.aspx?id=865525&dbid=0&repo=cityoffederalway.
V. PUBLIC NOTICE AND PUBLIC COMMENT
The proposed code amendments to development regulations, and the text of Title 19 FWRC, is
currently under public review in compliance with Process VI review, Chapter 19.80 FWRC, pursuant
to Chapter 19.35 FWRC.
Notice of DNS was posted in the Federal Way Mirror on Friday, August 27, 2021, starting the 14-
day public comment period, which ends on September 10, 2021. To date, no public comments
have been received regarding this proposal. The 21-day appeal period ends on October 1, 2021.
Any comments received since this time will be submitted into the record for City Council review.
Public hearing regarding this proposal will be held on October 19, 2021, at the City Council, as
allowed in FWRC 19.80.190(1). Notice will be posted at least 14 days in advance of the hearing date.
Proposed Code Amendments: Public Transportation Facilities 21-103529-UP & 21-103530-SE
Planning Commission Staff Report Page 3 of 4
VI. REASON FOR PLANNING COMMISSION ACTION
FWRC Title 19, “Zoning and Development Code,” Chapter 19.80, “Process VI Review,” establishes a
process and criteria for development regulation amendments. Consistent with Process VI review,
the role of the Planning Commission is as follows:
1. To review and evaluate the proposed development regulation amendments.
2. To determine whether the proposed development regulation amendment meets the
criteria provided by FWRC 19.80.130 (see item VII below).
3. To forward a recommendation to City Council regarding adoption of the proposed
development regulation amendment.
VII. DECISIONAL CRITERIA
FWRC 19.80.130 provides criteria for development regulation amendments. The following section
analyzes the compliance of the proposed amendments with the criteria provided by FWRC
19.80.130. The city may amend the text of the FWRC only if it finds that:
1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan.
Staff Response – The proposed code amendment is consistent with the following Federal Way
Comprehensive Plan goals and policies:
NEG12 Promote land use patterns and transportation systems that minimize air pollution
and greenhouse gas emissions.
TP6.4 The City will continue to cooperate with regional and local transit providers to
develop facilities that make transit a more attractive option.
CCG9 Provide a balanced transportation network that accommodates public transportation,
high occupancy vehicles, pedestrians, bicyclists, automobiles, and integrated parking.
CCG15 Work with transit providers to develop a detailed HCT plan for the City Center.
Identify facilities, services, and implementation measures needed to make transit a viable
and attractive travel mode. Tailor the plan to meet local needs through rapid transit, express
buses, and/or demand-responsive service.
CCP29 Integrate the high capacity transit system with other transportation modes serving
Federal Way and the region.
CCP33 Encourage public and private parking structures (below or above ground) in lieu of
surface parking. As redevelopment occurs and surface parking becomes increasingly
constrained, consider a public/private partnership to develop structured parking in the
downtown commercial area.
CCP34 Encourage the provision of structured parking.
2. The proposed amendment bears a substantial relationship to public health, safety, or welfare.
Proposed Code Amendments: Public Transportation Facilities 21-103529-UP & 21-103530-SE
Planning Commission Staff Report Page 4 of 4
Staff Response – The proposed code amendments bear a substantial relationship to public
welfare as it will ensure that the parking demand generated by the transit stations do not
adversely impact nearby properties.
3. The proposed amendment is in the best interest of the residents of the city.
Staff Response – The proposed code amendments are in the best interest of the city as a whole
because it codifies current city practices, addresses emerging land use issues, and increases
code clarity, simplicity, and efficiency of the development review process.
VIII. PLANNING COMMISSION ACTION
The Mayor recommends adopting the proposed ordinance for minor amendments to Title 19 of the
Federal Way Revised Code (FWRC) as shown above and in Exhibits 1 and 2. Consistent with the
provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding
the proposed regulation amendments:
1. Recommend to City Council adoption of the FWRC amendments as proposed;
2. Modify the proposed FWRC amendments and recommend to City Council adoption of the
FWRC amendments as modified;
3. Recommend to City Council that the proposed FWRC amendments not be adopted; or
4. Forward the proposed FWRC amendments to City Council without a recommendation.
LIST OF EXHIBITS
Exhibit 1 New Zone Chart – City Center Core (CC-C)
Exhibit 2 New Zone Chart – Commercial Enterprise (CE)
Exhibit 3 Vicinity Map
Exhibit 1 –New Zone Chart – City Center Core (CC-C)
19.225.105 Public Transportation Facilities.
The following uses shall be permitted in the commercial enterprise (CE) zone subject to the regulations and notes set forth in this section:
USE
REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Maximum Height of Structure Min. Required Parking Spaces ZONE
CC-C
SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear Light Rail or
Commuter Rail
Transit Facility
Process
IV, See
note 16.
None 75 ft. above
average
building
elevation
(AABE)
See notes 1
and 2
500 Spaces.
See notes 13,
14 and 15.
1. If approved by the director, the height of a structure may exceed 75 ft. above average building elevation
(AABE), if the increased height is necessary to accommodate the structural, equipment, or operational needs of
the use.
2. Building height may not exceed 75 ft. AABE when located within 100 ft. of a Single-family residential zone.
3. The proposed development will be consistent with the adopted comprehensive plan policies for this zone.
4. Minor and supporting structures constructed as a functional requirement of a facility may be allowed at the
same height as the primary structure, provided the Director of Community Development Services determines that
the facility and any related supporting structures will not significantly impact adjacent properties.
5. The subject property must be designed so that truck parking, loading, and maneuvering areas; areas where
noise generating outdoor uses and activities may occur; and vents and similar features are located as far as
possible from any residential zone, conforming residential use, or natural systems.
6. The streets, utilities, and other infrastructure in the area must be adequate to support the proposed
development.
7. No maximum lot coverage applies. Instead, the buildable area will be determined by other site development
regulations, i.e., required yards, landscaping, surface water facilities, etc.
8. For regulations pertaining to outdoor use, activity and storage, refer to FWRC 19.125.170.
9. For community design guidelines that apply to the project, see Chapter 19.115 FWRC.
10. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
11. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
12. For other provisions of this chapter that may apply to the subject property, see Chapter 19.265 FWRC.
13. A parking study may be submitted to reduce the amount of parking required to accommodate the users of the
transit station. The director shall, after consultation with the City Traffic Engineer, make a determination as to
whether to approve any proposed reduction.
14. Parking must be generally structured, and designed for the smallest footprint that will accommodate the
required parking. Up to 10% of required parking may be allowed as surface parking, in order to accommodate
limited purpose parking spaces, i.e. ADA parking spaces, short term parking spaces, etc.
15. Required structured parking will be within 1000 feet of the station, unless otherwise approved by the director.
The distance shall be measured along an approved pedestrian path from the Station entrance to the closest public
pedestrian entrance to the parking structure.
16. Project will be reviewed as a Class I Essential Public Facility, refer to FWRC 19.105.020(2).
0 ft. 0 ft. 0 ft.
Except 20 ft. along
Single-Family
residential zones
For other information about parking and parking areas, see Chapter 19.130 FWRC.
For details of what may exceed this height limit, see FWRC 19.110.050 et. seq.
For details regarding required yards, see FWRC 19.125.160 et seq.
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
Exhibit 2—New Zone Chart – Commercial Enterprise (CE)
19.240.135 Public Transportation Facilities.
The following uses shall be permitted in the commercial enterprise (CE) zone subject to the regulations and notes set forth in this section:
USE
REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Maximum Height of Structure Min. Required Parking Spaces ZONE
CE
SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Front Side (each) Rear Light Rail or
Commuter Rail
Transit Facility
Process
IV, See
note 16.
None 50 ft. above
average
building
elevation
(AABE)
See notes 1
and 2
500 Spaces.
See notes 13,
14 and 15.
1. If approved by the director, the height of a structure may exceed 50 ft. above average building elevation
(AABE), if the increased height is necessary to accommodate the structural, equipment, or operational needs of
the use.
2. Building height may not exceed 50 ft. AABE when located within 100 ft. of a Single-family residential zone.
3. The proposed development will be consistent with the adopted comprehensive plan policies for this zone.
4. Minor and supporting structures constructed as a functional requirement of a facility may be allowed at the
same height as the primary structure, provided the Director of Community Development Services determines
that the facility and any related supporting structures will not significantly impact adjacent properties.
5. The subject property must be designed so that truck parking, loading, and maneuvering areas; areas where
noise generating outdoor uses and activities may occur; and vents and similar features are located as far as
possible from any residential zone, conforming residential use, or natural systems.
6. The streets, utilities, and other infrastructure in the area must be adequate to support the proposed
development.
7. No maximum lot coverage applies. Instead, the buildable area will be determined by other site development
regulations, i.e., required yards, landscaping, surface water facilities, etc.
8. For regulations pertaining to outdoor use, activity and storage, refer to FWRC 19.125.170.
9. For community design guidelines that apply to the project, see Chapter 19.115 FWRC.
10. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
11. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
12. For other provisions of this chapter that may apply to the subject property, see Chapter 19.265 FWRC.
13. A parking study may be submitted to reduce the amount of parking required to accommodate the users of
the transit station. The director shall, after consultation with the City Traffic Engineer, make a determination as
to whether to approve any proposed reduction.
14. Parking must be generally structured, and designed for the smallest footprint that will accommodate the
required parking. Up to 10% of required parking may be allowed as surface parking, in order to accommodate
limited purpose parking spaces, i.e. ADA parking spaces, short term parking spaces, etc.
15. Required structured parking will be within 1000 feet of the station, unless otherwise approved by the
director. The distance shall be measured along an approved pedestrian path from the Station entrance to the
closest public pedestrian entrance to the parking structure.
16. Project will be reviewed as a Class I Essential Public Facility, refer to FWRC 19.105.020(2).
0 ft. 0 ft. 0 ft.
Except 20 ft. along
Single-Family
residential zones
For other information about parking and parking areas, see Chapter 19.130 FWRC.
For details of what may exceed this height limit, see FWRC 19.110.050 et. seq.
For details regarding required yards, see FWRC 19.125.160 et seq.
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
Exhibit 3 – Vicinity Map