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10-19-2021 Council Packet - RegularCITY OF I Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA "AMENDED AGENDA" Remote Meeting October 19, 2021 — 6:30 p.m. Notice: Due to rising cases of COVID-19 in King County and the region and pursuant to Governor Inslee' Proclamation 20-28, all city meetings will be held remotely until further notice. The Mayor and Council encourag you use one of the following ways to participate in the meeting: • Watch the meeting live via Federal Way YouTube Channel • Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782 • Public Comment may be submitted via email here, or sign up to provide live comments here • Zoom meeting code: 685 690 722 and passcode: 131162 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Proclamation: Breast Cancer Awareness Month — October 2021 b. Recognition: Diana Noble Gulliford Retirement from FW Historical Society c. Mayor's Emerging Issues and Report • Update regarding Change in Investment Strategy- Steve Groom, Finance Director • COVID-19 Report — Ray Gross, Emergency Manager • Next Council Meeting is Wednesday, November 3 due to General Election and Council Rules of Procedure • Upcoming Events: MSC Helps Luncheon Thursday, October 21 at Performing Arts and Event Center d. Council Committee Reports • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Regional Committees Report (PIC) • Council President Report 4. PUBLIC COMMENT Please email comments to publiccomment.COUNCIL@cityoffederalway.com or complete a citizen comment request form (found here) prior to the meeting, to provide comments via telephone during the meeting. All comments are limited to 3 minutes each. The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: October 5, 2021 Special and Regular Meeting Minutes b. Resolution: Mirror Lake Highland Plat Alteration c. South King Housing and Homelessness Partners (SKHHP) 2022 Work Plan and Budget d. Portable Toilet Service Contract Amendment e. Tree Services Contract Amendment f. Lease Temporary Work Trailers for Parks Maintenance Staff Displaced due to COVID-19 g. Edward Byrne Memorial Justice Assistance Grant (Jag) Program FY2021 6. PUBLIC HEARING a. TABLED TO JANUARY 18, 2022 MEETING • Staff Presentation: James Rogers, Senior Planner • Public Comment • Council Discussion 7. COUNCIL BUSINESS a. Police Department Proposing Additional Personnel and Resources • Staff Presentation: Chief of Police Andy Hwang and Steve Groom, Finance Director b. - TABLED TO NOVEMBER 3, 2021 MEETING • Staff Presentation: Vanessa Audett, HR Manager and Steve Groom, Finance Director c. Draft Housing Action Plan • Staff Presentation: Chaney Skadsen, Associate Planner d. Award of ReDairs — Steel Lake Maintenance Facil • Staff Presentation: Desiree Winkler, Deputy Public Works Director e. (ADDED ITEM) Discussion and Vote on Video Letter to Sound Transit Board of Directors 8. ORDINANCES First Reading a Go,inril Rill 981 2rrlina r_n- Amend' Tiflo 1A nfthe F\AIR( ronarrlinn Piihloc Transportation FaGolot oc —TABLED TO JANUARY 18, 2022 MEETING AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PUBLIC TRANSPORTATION FACILITIES; AMENDING FWRC 19.05.120 AND 19.105.020; AND ADDING NEW SECTIONS TO CHAPTERS 19.225 AND 19.240 FWRC. (AMENDING ORDINANCE NOS. 17-834, 15-804, 09-930, 09-610, 09-593, AND 97-295). The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. • Staff Report provided during Public Hearing (item 6a) • Public Comment — 3 minutes each • Council Discussion b. (KG —TABLED TO NOVEMBER 3, 2021 MEETING AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PHASE II PERMIT REQUIREMENTS; AMENDING FWRC 16.20.010 AND 16.25.010 (AMENDING ORDINANCE NOS. 99-352, 09-630, 16-828). • Staff Report: Cole Elliot, Development Services Manager • Public Comment — 3 minutes each • Council Discussion C. CvUrnrcl1Bill #814iQrd'RanG : ReyiSiRg CVVRC G ` 5 030 relating to Pe destrion IRterfere —TABLED TO NOVEMBER 3, 2021 MEETING AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PEDESTRIAN INTERFERENCE AND OBSTRUCTIONS WITHIN PUBLIC RIGHTS - OF -WAY; AMENDING FWRC 6.35.030. (AMENDING ORDINANCE NOS. 20-887, 15- 802, 15-784, 11-697, 08-576, 05-509, 94-214, AND 91-89) • Staff Report: Joanna Eide, Assistant City Attorney • Public Comment — 3 minutes each • Council Discussion Second Reading d. Council Bill #811/Ordinance: Proposed Code Amendments for Permanent Supporth Housing and Emergency Housing and Shelter AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING, AND EMERGENCY HOUSING AND SHELTER; AMENDING FWRC 19.05.040, 19.05.050, 19.05.190, 19.205.080, 19.215.070, AND 19.220.100; REPEALING FWRC 19.105.060 AND 19.230.080; AND ADDING NEW SECTIONS 19.195.015, 19.200.045, 19.220.105, 19.225.055, 19.225.075, 19.230.055, 19.230.065, 19.240.085, AND 19.240.095. (AMENDING ORDINANCE NOS. 94-233, 96-270, 97-297, 99-333, 01-385, 02-423, 06-515, 07-559, 08-585, 9-593, 09-605, 09-610, 12-713, 13-754, 14-778, 15-797, 17-834, 18-850, 18-884, AND 20-898.) • Updated Staff Report: Brian Davis, Community Development Director 9. COUNCIL REPORTS 10.ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. CITY OF I Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA Remote Meeting October 19, 2021 - 6:30 p.m. Notice: Due to rising cases of COVID-19 in King County and the region and pursuant to Governor Inslee's Proclamation 20-28, all city meetings will be held remotely until further notice. The Mayor and Council encourage you use one of the following ways to participate in the meeting: • Watch the meeting live via Federal Way YouTube Channel • Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782 • Public Comment may be submitted via email here, or sign up to provide live comments here • Zoom meeting code: 685 690 722 and passcode: 131162 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Proclamation: Breast Cancer Awareness Month — October 2021 b. Recognition: Diana Noble Gulliford Retirement from FW Historical Society c. Mayor's Emerging Issues and Report • Update regarding Change in Investment Strategy- Steve Groom, Finance Director • COVID-19 Report — Ray Gross, Emergency Manager • Next Council Meeting is Wednesday, November 3 due to General Election and Council Rules of Procedure • Upcoming Events: MSC Helps Luncheon Thursday, October 21 at Performing Arts and Event Center d. Council Committee Reports • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Regional Committees Report (PIC) • Council President Report 4. PUBLIC COMMENT Please email comments to publiccomment.COUNCIL(a)cityoffederalway.com or complete a citizen comment request form (found here) prior to the meeting, to provide comments via telephone during the meeting. All comments are limited to 3 minutes each. The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: October 5, 2021 Special and Regular Meeting Minutes b. Resolution: Mirror Lake Highland Plat Alteration c. South King Housing and Homelessness Partners (SKHHP) 2022 Work Plan and Budget d. Portable Toilet Service Contract Amendment e. Tree Services Contract Amendment Lease Temporary Work Trailers for Parks Maintenance Staff Displaced due to COVID- 19 g. Edward Byrne Memorial Justice Assistance Grant (Jag) Program FY2021 6. PUBLIC HEARING a. Ordinance: Council Bill #812/Amending Title 19 of the FWRC regarding Public Transportation Facilities • Staff Presentation: James Rogers, Senior Planner • Public Comment • Council Discussion 7. COUNCIL BUSINESS a. Police Department Proposing Additional Personnel and Resources • Staff Presentation: Chief of Police Andy Hwang and Steve Groom, Finance Director b. 2019 Salary Survey Implementation • Staff Presentation: Vanessa Audett, HR Manager and Steve Groom, Finance Director c. Draft Housing Action Plan • Staff Presentation: Chaney Skadsen, Associate Planner d. Award of Repairs — Steel Lake Maintenance Facility • Staff Presentation: Desiree Winkler, Deputy Public Works Director 8. ORDINANCES First Reading a. Council Bill #812/Ordinance: Amending Title 19 of the FWRC regarding Public Transportation Facilities AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PUBLIC TRANSPORTATION FACILITIES; AMENDING FWRC 19.05.120 AND 19.105.020; AND ADDING NEW SECTIONS TO CHAPTERS 19.225 AND 19.240 FWRC. (AMENDING ORDINANCE NOS. 17-834, 15-804, 09-930, 09-610, 09-593, AND 97-295). • Staff Report provided during Public Hearing (item 6a) • Public Comment — 3 minutes each • Council Discussion The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. b. Council Bill #813/Ordinance: Adopting 2021 King County Surface Water Design Manual (KCSWDM) AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PHASE II PERMIT REQUIREMENTS; AMENDING FWRC 16.20.010 AND 16.25.010 (AMENDING ORDINANCE NOS. 99-352, 09-630, 16-828). • Staff Report: Cole Elliot, Development Services Manager • Public Comment — 3 minutes each • Council Discussion c. Council Bill #814/Ordinance: Revising FWRC 6.35.030 relating to Pedestrian Interference AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PEDESTRIAN INTERFERENCE AND OBSTRUCTIONS WITHIN PUBLIC RIGHTS - OF -WAY; AMENDING FWRC 6.35.030. (AMENDING ORDINANCE NOS. 20-887, 15- 802, 15-784, 11-697, 08-576, 05-509, 94-214, AND 91-89) • Staff Report: Joanna Eide, Assistant City Attorney • Public Comment — 3 minutes each • Council Discussion Second Reading d. Council Bill #811/Ordinance: Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING, AND EMERGENCY HOUSING AND SHELTER; AMENDING FWRC 19.05.040, 19.05.050, 19.05.190, 19.205.080, 19.215.070, AND 19.220.100; REPEALING FWRC 19.105.060 AND 19.230.080; AND ADDING NEW SECTIONS 19.195.015, 19.200.045, 19.220.105, 19.225.055, 19.225.075, 19.230.055, 19.230.065, 19.240.085, AND 19.240.095. (AMENDING ORDINANCE NOS. 94-233, 96-270, 97-297, 99-333, 01-385, 02-423, 06-515, 07-559, 08-585, 09-593, 09-605, 09-610, 12-713, 13-754, 14-778, 15-797, 17-834, 18-850, 18-884, AND 20- 898. ) • Updated Staff Report: Brian Davis, Community Development Director 9. COUNCIL REPORTS 1i11W_11016111NkiI M 14ki III I The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. CITY OF . Federal Way PROCLAMATION "Breast Cancer Awareness Month" WHEREAS, The month of October has been designated as Breast Cancer Awareness Month a national campaign to raise awareness about the impact of breast cancer; and WHEREAS, this year's theme focuses on buddying up with one another because no one should fight cancer alone; and WHEREAS, Breast Cancer Awareness Month began in 1985 as a partnership between the American Cancer Society and Imperial Chemical Industries Pharmaceuticals (AstraZeneca) ; and WHEREAS, breast cancer is the second most common cancer affecting women, an estimated 1 in 8 women will develop breast cancer over the course of their lifetime; and WHEREAS, many organizations, including the American Cancer Society and Susan G. Komen for a Cure, hold community events promoting awareness and make contributions to raise funds for research providing progress in how breast cancer is diagnosed and treated; and WHEREAS, in 2021, more than 281,550 new cases of breast cancer are expected to be diagnosed; and nearly 42,000 women die from breast cancer each year in the United States; and WHEREAS, regular breast cancer screening increases early detection, reduces death, increases life expectancy, decreases late -stage cancer diagnoses, and increases five-year survival rates; and WHEREAS, this is an opportunity for the City of Federal Way to Go Pink in October to raise awareness, promote early screening and honor those affected by breast cancer; Now, Therefore, we, the undersigned Mayor and City Council of the City of Federal Way, do hereby proclaim October 2021 as Breast Cancer Awareness Month SIGNED this 19th day of October, 2021 FEDERAL TVA YMAYOR AND CITY COUNCH- 2 Ferre , Mayor rr LVria Assefa-D ` son, Councilmember Hoang V. Tran, Councilmember 4 MAin A. Moore, ouncilmember Susan Honda, Council President ''_ _emu•_`—}-_- G(egMruso, Councilmember L �: Leandra Craft, Councilmember Lima Kochmar�councilmember CITY OF Federal Way Certificate of Recognition Presented to: Diana Noble-Gulliford On behalf of the Elected Officials and Citizens of Federal Way, Washington, in recognition of your time, effort and dedication to the Federal Way Historical Society. Dated this 19th day of October, 2021 ,1 I f Ferre I, Mayor L)(Ja Assefa-boson Councilmember Hoang V. Tran, Councilmember - tom - Martin A. Moore, touncilmember !, ?": //, Susan Honda, Council President �1 Geegary Whiso, Councilmember Leandra Craft, Councilmember Lin�a Kochmar,)Councilmember I „„ - — -- - _ . il 4 , '.�i-k-91 �— :_ �� '.-_ k`'T ;r _ �,� ._.ti} 'y�� 'Y• 4.� wy: r -L..�' *a. �..i-.,h: i�t a�.r COUNCIL MEETING DATE: October 5, 2021 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COMMUNICATION OF CHANGE IN INVESTMENT STRATEGY ITEM #: 3C POLICY QUESTION: Should the Council approve staff s proposed course of action, implementing existing investment policy? COMMITTEE: Finance, Economic Development and Regional Affairs Committee CATEGORY: Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Steve Groom, Finance Director Attachments: 1. Staff Report and proposed course of action MEETING DATE: September 28, 2021 ❑ Public Hearing ® Other DEPT: Finance Options Considered: 1. Approve the attached staff report and proposed course of action. 2. Do not approve proposed course of action and provide direction to staff. MAYOR'S MAYOR APPROVAL: 1q : Option 1. DIRECTOR APPROVAL: „1;1 COMMITTEE RECOMMENDATION: Forward the proposed implementation of the existing investment policy to the October 5, 2021" c�t agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # DENIED First reading TABLED/DEFERRED/NO ACTION" �V Ialq COUYIGI� 1 � (�u� `Q Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF Federal Way DATE: September 28, 2021 TO: FEDRAC Committee VIA: Jim Ferrell, Mayor FROM: Steve Groom, Finance Director SUBJECT: Communicating Change in Investment Strategy FINANCE DEPARTMENT Purpose of Discussion: This is to keep committee members informed on a change of financial practice: the commencement of new investment activity. Under existing policy, the city's cash can be invested in a disciplined and methodical fashion to both provide additional budgetary funding, improve the city's safety liquidity management, and ability to forecast future interest revenue. The last investment, purchased in April 2017, matured in July 2020. Staff has existing policy direction, delegated authority and access to banking and investment processes to proceed. Monthly reports will reflect new results. Financial Impacts: The revenue to the City for investment of city funds is budgeted, credited to General and/or various funds per city investment policy. The cost to the City to receive the funds involve existing city Finance Department staff time plus nominal costs of banking/safekeeping. Background Information: Purpose. There are several purposes expected of city investments: • To safeguard public funds entrusted to the City of Federal Way, • To ensure city investments are adequately managed and are subject to governance • To be managed and communicated clearly, demonstrating transparency and accountable stewardship to citizens, taxpayers and voters. • To be managed in compliance with State statutes and Federal regulations. • To maximize yield while safeguarding principal and providing adequate liquidity. Managing Risks vs. Rewards. Good stewardship demands putting municipal cash to work to help fund city services. Public treasurers and governing bodies have learned from both best practices and mistakes of others. Examples such as the 1994 Orange County, California, bankruptcy and fraud schemes over the years taught us to safeguard public money, to be particularly transparent and accountable, and to be well-educated. Current Investments. None, currently. In 2020, the last investment that the city held matured, with the proceeds returning to the Local Government Investment Pool (LGIP) Memo -Staff Report -Investment discussion 09-2021.docx CITY OF Federal Way► FINANCE DEPARTMENT which is managed by the Washington State Treasurer. Current earnings rate of the LGIP has held steady around 0.07% for a few months. On a balance of about $70,000,000, interest revenue is about $49,000 annually (should rates remain flat). The city did not have a program, in past years, to have locked in investments to weather this downturn. City Investments Authorized by Policy. Current city investment policy authorizes investing in the following options which are suitable and appropriate for the current specific circumstances of the City of Federal Way: • Local Government Investment Pool • U.S. Treasury Obligations • U.S. Government Agencies / U.S. Government -Sponsored Corporations These do match the foreseeable investment management time available and ability of staff. Current investment policy also authorizes the following, which will not be utilized in the foreseeable future: • Repurchase Agreements • Bankers' Acceptances • Foreign Commercial Paper • Insured Certificates of Deposit: Banks and Savings & Loans • Uninsured/Collateralized Certificates of Deposit: Banks and Savings & Loans These don't match the needs of the City, nor foreseeable investment management time available nor ability of staff and could be eliminated in the next investment policy update. Executive Summary: The Challenge: Investment activity tends to be squeezed out due to limitations of staff time. Finance time is prioritized for the urgencies of budget, audit preparation, periodic reporting, financial analysis, payroll, payables, and responding to continuous demands of real -world problems and opportunities. The Solution: Staff has the existing knowledge and experience to institute the investment of city reserves, and we are currently training staff in-house to be able to improve investment revenue with a target of 20 minutes per month. By instituting disciplined practices and procedures, the city's reserves can be put to work consistently. What Council and FEDRAC Committee members need to know: Investing is a dynamic process that relies on investment policy direction. Market conditions change even by the minute, such as a purchase offered by one broker can be no longer available moments later. Interest rates are impossible to forecast accurately. Good governance relies on clear understanding of the city's resources, processes for reporting and feedback, and staff capabilities. Staff can demonstrate strong fundamentals and clear reporting to facilitate policy guidance, effective feedback and improved yield. Memo -Staff Report -Investment discussion 09-2021.docx CITY OF Federal Way FINANCE DEPARTMENT Questions to be answered. Staff will provide an informational, educational overview (slide previews attached) of the city's financial position to inform on what can be accomplished that will benefit the city. Questions that should be answered and discussed as needed include: o How much of city funds is investable? o What are the guiding principles to be followed? o What are the purposes of city cash balances? o What should the city's investment strategy be? o What improvements to investment revenue are reasonable to expect? o What familiarity should precede any adjustments to investment policy? Preview of Future Investment Policy Changes: Staff elects to build a foundation of familiarity before proposing policy changes. Current investment policy is workable for initial strategy, but the following will become useful: o Current policy diversification limit of 5% per issuer was exceeded in past investments and in fact largely unnecessary for explicitly -guaranteed Federal agency debt issues; the city would be better served with more realistic limits o Several authorized investments are unsuitable, impractical, and will not be used o The guidance of the Washington State Investment Board Policy No. 2.05.500 for investing in highly -rated corporate bonds o Public Deposit Protection Commission guidance on collateralization o Delegation of authority really should name the finance director for transactional responsibility, rather than "Mayor or his designee" and require training o In -line RCW references in the policy would help all readers Current staff can utilize the current investment policy but the city would be better served with improvements that provide more specific and applicable policy guidance. Timeframe for actions: Staff has already: • Re -activated safekeeping (authorized by Resolution 15-683) • Required brokers to complete verification of licensing, credentialing, municipal references and acknowledgement of city investment policy • Confirmed proposed investment activities within current city policy • Conducted our initial internal staff investment training Staff will be providing: • Monthly reporting in all FEDRAC agenda packets • Reporting on results of new investment activity • Proposed investment policy to be discussed separately in future Memo -Staff Report -Investment discussion 09-2021.docx ,. COUNCIL MEETING DATE: October 19, 2021 ITEM #: 5u CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the October 5, 2021 Regular and Special Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ City Council Business ❑ Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Attachments: Draft minutes for the October 5, 2021 Regular and Special Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A N/A N/A CITY CLERK APPROVAL: lQ Council lnitisllDafv Initial/Date N/A N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # ,� Federal Way CITY COUNCIL SPECIAL MEETING MINUTES Remote Meeting October 5, 2021 — 5:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order 5:30 p.m. �RAFr City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Leandra Craft, Councilmember Martin Moore, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. EXECUTIVE SESSION At 5:31 p.m. Mayor Ferrell announced the Council would recess into executive session for the purpose of discussing collective bargaining pursuant to RCW 42.30.140(4)(b) and property acquisition pursuant to RCW 42.30.110(1)(b) for approximately 45 minutes. • Collective Bargaining pursuant to RCW 42.30.140(4)(b) • Property Acquisition pursuant to RCW 42.30.110(1)(b) 3. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 6:16 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 1 of 1 October 5, 2021 CIT V�*�Ahl Federal Way CITY COUNCIL REGULAR MEETING MINUTES Remote Meeting October 5, 2021 — 6:30 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:30 p.m. DR,g" City officials in attendance: Mayor Jim Ferrell, Council President Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Greg Baruso, Councilmember Hoang Tran, Councilmember Leandra Craft, Councilmember Martin Moore, and Councilmember Linda Kochmar. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS a. Proclamation: Domestic Violence Awareness Month — October 2021 Council President Honda read and presented the proclamation to Janet Chance, Federal Way Domestic Violence Task Force. Ms. Chance thanked the Mayor and Council for highlighting domestic violence as a serious crime which is affecting the community. The task force is partnering with the school district to better inform students on healthy dating relationships and offer resources for those who might be in potentially dangerous situations. b. Mayor's Emerging Issues and Report COVID-19 Report Ray Gross, Emergency Manager, provided a report on recent COVID-19 statistics noting there have been twenty-two positive cases along with one death this week. The vaccination rate of those 12 years and older is 68.8% while the King County vaccination rate is 81.8%. Currently King County is meeting four out of the five key indicators, however still in a high rate of transmission. Recent Community Events Mayor Ferrell reported on the Taste of Federal Way event at Farmers Market on September 25 which was well attended and had great music and amazing food. Federal Way City Council Regular Minutes Page 1 of 9 October 5, 2021 He also reported Mayor's Day of Concern Drive-Thru Food Drive held on October 2 at the Fred Meyers where 755.5 pounds of food was collected and donations of $438 was received. In addition to the in -person collection, the city partnered with Waste Management who collected 9,334.5 pounds of food and $8,673 in donations from curbside pick-up. He thanked Waste Management staff, city staff, volunteers and Councilmembers who helped collect for the Multi -Service Center Food Bank. Mayor also noted he recently visited with Mayor of Rivne, Ukraine on September 22 and discussed the potential of a future Sister City relationship. Upcoming Events Mayor Ferrell reminded everyone of the MSC Helps Luncheon on Thursday, October 21 at Performing Arts and Event Center; information regarding the even or tickets can be found on the Multi -Service Center website. c. Council Committee Reports Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair Kochmar reported the next meeting would be Tuesday, October 12 at 5:00 p.m. with discussion on multiple items including the South King Housing and Homelessness Partners (SKHHP) 2022 Work Plan/Budget and Police Department proposal to add additional personnel and resources. Land Use/Transportation Committee (LUTC): Chair Baruso noted the Committee met last night via Zoom and forwarded four items to the next City Council meeting for approval. The next meeting of LUTC will be Monday, November 1 at 5:00 p.m. via Zoom. Finance, Economic Development, Regional Affairs Committee (FEDRAC): Chair Tran reported the committee met October 26 and complimented Finance Director Groom for his presentation of the financial documents. He was also pleased to hear the new investment strategy and is looking forward for his presentation at full Council regarding investing the city's money. Lodging Tax Advisory Committee (LTAC): Chair Assefa-Dawson reported the next meeting is October 13 at 10:00 a.m. via zoom. She reported the committee will be following up on a report from Washington State University regarding hospitality and tourism. Regional Committees Report (PIC): Councilmember Moore reported the next PIC meeting would be October 13 at 7:00 p.m. and will be held remotely. Council President Report: Council President Honda noted Council appreciates citizens who volunteer to serve on advisory boards and commissions. She noted the following commissions are seeking applicants: Arts, Civil Service, Diversity, Independent Salary, Parks and Recreation, Planning, Senior Advisory, Youth, and the King County Historic Landmark Commissions. Applications are available on the city website with the next review of applications scheduled for October 22. 4. PUBLIC COMMENT City Clerk Stephanie Courtney read the public comment rules into the record Federal Way City Council Regular Minutes Page 2 of 9 October 5, 2021 Ken Blevens reflected on the previous Council meeting and voiced concerns about Council action being taken at such a late hour. Jacquelyn Copley expressed concern with increased crime in Federal Way and the lack of support she feels from the elected officials to address crime. Bob Drake noted the increase of crime in the City and is concerned the elected officials are not helping the citizens. J Murphy expressed concerns about permanent supportive housing and transitional housing and stated that she would like to see the Extended Stay hotel used for housing families and children. Dr. Timmie Foster, a consultant for Federal Way Black Collective, expressed a desire for healthy, feasible, pathways to childcare in Federal Way. Email from Dara Mandeville read by the City Clerk concerning crime and drug use in the City. Email from Christine Majerus read by the City Clerk expressing concerns about homelessness along S 320th Street. Email from Yvette Downs read by the City Clerk addressing how crime and House Bill (HB) 1220 are affecting Federal Way. Email from Jeff Coop read by the City Clerk stating the establishment of hotels and housing for drug addicts will endanger local business and public safety. Email from Carolyn Hoover read by the City Clerk expressing concerns about crime in Federal Way and the proposed supportive housing mandated through HB 1220. Cynthia Ricks-Maccotan noted the city currently has 23% capacity for child-care services due to COVID-19. She advocated for using ARPA funds to add additional childcare services in the city by encouraging the expansion of current facilities and provide for new opportunities. Mayor Ferrell asked Council for a potential motion to reorder the agenda to move Council Bill #811/First Reading Ordinance to follow the Consent Agenda due to the number of individuals signed up to comment on the proposed ordinance. COUNCIL PRESIDENT HONDA MOVED TO AMEND THE AGENDA TO TAKE ITEM 7 AFTER THE CONSENT AGENDA; SECOND BY MOORE. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Additional public comment: Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Carol Fraley feels public meetings should be held in -person and expressed disappointment with the impact that County level decisions have on the City 5. CONSENT AGENDA a. Minutes: September 21, 2021 Special and Regular Meeting Minutes; September 28, 2021 Special Meeting Minutes Federal Way City Council Regular Minutes Page 3 of 9 October 5, 2021 b. Accounts Payable Vouchers — July 2021 c. Accounts Payable Vouchers —August 2021 d. Monthly Financial Report — July 2021 e. Monthly Financial Report — August 2021 f. King County Youth and Amateur Sports Grant g. Federal Way Community Center Slide Removal - Bid Acceptance h. King County Parks Levy Aquatic Facilities Grant i. Steel Lake Shop Video Security Enhancements - Proposal Acceptance COUNCIL PRESIDENT HONDA MOVED APPROVAL OF ITEMS A THROUGH I ON THE CONSENT AGENDA; SECOND BY COUNCILMEMBER BARUSO. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes Clerk's Note: Re -ordered by Council action: 7. ORDINANCES First Reading a. Council Bill #811/Ordinance: Pr000sed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING, AND EMERGENCY HOUSING AND SHELTER; AMENDING FWRC 19.05.040, 19.05.050, 19.05.190, 19.205.080, 19.215.070, AND 19.220.100; REPEALING FWRC 19.105.060 AND 19.230.080; AND ADDING NEW SECTIONS 19.195.015, 19.200.045, 19.220.105, 19.225.055, 19.225.075, 19.230.055, 19.230.065, 19.240.085, AND 19.240.095. (AMENDING ORDINANCE NOS. 94-233, 96-270, 97- 297, 99-333, 01-385, 02-423, 06-515, 07-559, 08-585, 09-593, 09-605, 09-610, 12- 713, 13-754, 14-778, 15-797, 17-834, 18-850, 18-884, AND 20-898.) Brian Davis, Director of the Community Development Department presented background on Council Bill #811 and shared the proposed ordinance is an opportunity for the city to take some control of the State mandates regarding siting permanent support housing and emergency housing and shelter facilities in the city. House Bill (HB) 1220 which was approved by the State Legislature mandates this use be allowed. Consequently, there are two courses of action before the Council. First, no action which would mean the city would accommodate any number of units in the future based. The second option is to limit housing for the homeless by establishing reasonable limits by code amendments. He provided answers to questions raised at the previous City Council meeting including requiring facilities to have a business license, increasing distance requirements from schools and churches, and the option to regulate through a Conditional Use Permit as other local municipalities have chosen to do. Mr. Davis reported the city's proposal suggests these applications go through a Land Use Process III which requires notice to neighboring property owners and is similar to other cities use of a Conditional Use Permit. He noted the Council could recommend the process be Federal Way City Council Regular Minutes Page 4 of 9 October 5, 2021 changed to a Process IV which would then require a public hearing and the decision made by a third -party Hearing Examiner. Mr. Davis noted the approval for Process III would be made by the Director, however either process would use the same criteria for making the decision. Planning Manager Keith Niven responded to the suggestion of temporary (or interim) zoning. City Attorney Call suggested rather than establishing interim zoning the City Council revisit this in a set amount of time. Director Davis also clarified the City Council does not currently approve housing developments or land use applications; that is an administrative duty made by the department director or in the case of a Process IV, the Hearing Examiner. Mr. Call noted the decision in either Process III or Process IV would be the same result when applying the Code objectively. Councilmembers noted concern over the State calculating a target number for Federal Way and would like independent data to set factual estimates and not inflated targets. Mr. Davis suggested additional options for addressing concerns related to siting and allowable distance between facilities in residential zones. In response to further questions, he restated if the Council decides to not approve these proposed or any regulations regarding permanent supportive and emergency housing, the city will be vulnerable with only the State guidelines. Public Comment Dara Mandeville beleives more information is needed in order for Council to make an informed decision for the citizens they represent. Ken Blevens expressed concern the City is making a rushed decision regarding housing the chronically homeless and drug addicted. Jacquelyn Copley does not feel citizens' voices have been adequately heard. She supports a Process IV which requires a public hearing to allow neighbors to weigh-in on these applications; she requested Council hold a public forum to further discuss HB 1220. Bob Drake expressed concern that not enough information is known regarding this issue and asked Council to push back against the State approved HB 1220. He would also like the city to hire an Outreach Specialist. Josh Kim questioned if drug and alcohol use will be prohibited in this type of housing as well as who is responsible for any potential damages done in the neighboring area by residents in these facilities. He also asked for information regarding Afghan refugees and suggested concerns related to HB 1220 be directed at the State Legislature. Jack Walsh encourages those listening, as well as Council, to reach out to the State Legislators and express their concerns regarding HB 1220. He would like to see interim zoning enacted until the laws are corrected. Email from Jeannie VanVleet read by the City Clerk questioning if the city is able to place limitations on Permanent Supportive Housing Email from Ronna Hazel read by the City Clerk reflecting on a situation in her neighborhood Federal Way City Council Regular Minutes Page 5 of 9 October 5, 2021 and how these types of instances may become more common as a result of HB 1220 and police reform. Email from Susan Strong read by the City Clerk opposing HB 1220. Email from Robin Corak, CEO of Multi -Service Center, read by the City Clerk explaining supportive housing and the need for responsible housing in the community. Email from Robert Strong read by the City Clerk regarding crime in Federal Way and opposing HB 1220. Email from Kay Chung read by the City Clerk opposing HB 1220. Email from Jen Galiagher read by the City Clerk opposing HB 1220. Email from Sarah Nelson, read by the City Clerk opposing HB 1220 and included petitions collected by Stand-up Federal Way. Email from Heather Mathews read by the City Clerk proposing that any neighborhoods directly impacted by the hotel purchases be exempt from further supportive housing. Email from Jane Sidlo read by the City Clerk expressing disappointment with the elected officials of Federal Way. Email from Anna Patrick read by the City Clerk asking Council to consider creating an ordinance to address and set limitations on permanent supportive housing and HB 1220. Council thanked the public for their comments and letters and noted it seems a greater risk to the city to do nothing than to enact regulations. Council also inquired as to the proper procedure to propose multiple amendments; which City Attorney Call advised. City Clerk read ordinance title COUNCILMEMBER BARUSO MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE OCTOBER 19, 2021 COUNCIL MEETING FOR SECOND READING AND ENACTMENT; SECOND BY COUNCILMEMBER LYDIA. COUNCILMEMBER CRAFT MOVED TO MODIFY THE MAIN MOTION TO REQUIRE A DISTANCE OF 1.3 MILES BETWEEN USES; SECOND BY COUNCILMEMBER MOORE. The amendment passed unanimously as follows: Council President Honda yes Councilmember Craft yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes COUNCILMEMBER CRAFT MOVED TO MODIFY THE MAIN MOTION TO REQUIRE THE CITY COUNCIL TO REVISIT THIS ORDINANCE IN 6-MONTHS (APRIL 2022); SECOND BY COUNCILMEMBER MOORE. The amendment passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes Federal Way City Council Regular Minutes Page 6 of 9 October 5, 2021 COUNCIL PRESIDENT HONDA MOVED TO MODIFY THE MAIN MOTION TO DIRECT STAFF TO BRING AN ORDINANCE TO COUNCIL TO CREATE A LICENSING SCHEME; SECOND BY COUNCILMEMBER BARUSO. Councilmember Moore urged caution and his stated his concern with requiring occupant information. The amendment passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes At 9:58 p.m. COUNCIL PRESIDENT HONDA MOVED TO WAIVE COUNCIL RULES TO EXTEND THE MEETING PAST 10:00 P.M.; SECOND BY COUNCILMEMBER BARUSO. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes Council continued to ask clarifying questions of Director Davis and City Attorney Call. At the conclusion of discussion, City Attorney Call restated the main motion as amended. COUNCILMEMBER ASSEFA-DAWSON MOVED TO MODIFY THE MAIN MOTION TO AMEND THE PROCESS TO A PROCESS IV. The amendment died for a lack of a second. The main motion, as amended, passed unanimously as follows: Council President Honda yes Councilmember Craft yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes Councilmember Moore requested a brief recess. Mayor Ferrell agreed and asked if Council would like to strike item 6c from the remaining agenda as it is informational and no action is anticipated. This report can be added to the next City Council meeting agenda. COUNCILMEMBER MOORE MOVED TO STRIKE ITEM 6C FROM THE AGENDA [and added as a presentation at a future council meeting]; SECOND BY COUNCILMEMBER BARUSO. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes At 10:04 p.m. Mayor Ferrell announced the Council would recess for approximately ten (10) minutes. He reconvened the meeting at 10:15 p.m. Federal Way City Council Regular Minutes October 5, 2021 Page 7 of 9 6. COUNCIL BUSINESS a. Proposed Collective Bargaining Agreement with Teamster Local Bargaining Unit #763 HR Manager Vanessa Audett provided a report detailing the proposed labor agreement with the labor union that represents the Public Works and Parks Maintenance for the term January 2020 to December 2022. She noted all cost estimates are conservative. COUNCIL PRESIDENT HONDA MOVED APPROVAL OF THE PROPOSED 2021/2022 COLLECTIVE BARGAINING AGREEMENT WITH THE TEAMSTERS LOCAL UNION NO. 763, AND AUTHORIZE THE MAYOR TO EXECUTE SAID AGREEMENT; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously as follows: Council President Honda yes Councilmember Craft yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Baruso yes Councilmember Kochmar yes Councilmember Tran yes b. Catering Services at Dumas Bay Centre Parks Director John Hutton provided information regarding the need for catering services at Dumas Bay Centre due to the resignation of the chef. Director Hutton noted that with the bookings at the retreat center though the end of the year, the salary savings will be used for contract food services. Staff will then request proposals to explore all options for food service at Dumas Bay Centre in the future. COUNCILMEMBER KOCHMAR MOVED APPROVAL OF THE PROPOSED USE OF SALARY SAVINGS TO SUPPLEMENT FOOD SERVICE REVENUE TO HIRE CATERING SERVICES FOR THE DUMAS BAY CENTRE THROUGH DECEMBER 31, 202; SECOND BY COUNCILMEMBER MOORE. The motion passed unanimously as follows: Council President Honda yes CouncilmemberAssefa-Dawson yes Councilmember Baruso yes Councilmember Tran yes Councilmember Craft yes Councilmember Moore yes Councilmember Kochmar yes c-Und ate Ye-gaF ling Change in__Laice- +"nurnf strategy _this item was pulled for a future agenda. 7. ORDINANCES First Reading a. Council Bill #811 /Ordinance: Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PERMANENT SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING, AND EMERGENCY HOUSING AND SHELTER; AMENDING FWRC 19.05.040, 19.05.050, 19.05.190, 19.205.080, 19.215.070, AND 19.220.100; REPEALING FWRC 19.105.060 AND 19.230.080; AND ADDING NEW SECTIONS 19.195.015, 19.200.045, 19.220.105, 19.225.055, 19.225.075, 19.230.055, 19.230.065, 19.240.085, AND 19.240.095. (AMENDING ORDINANCE NOS. 94-233, 96-270, 97- 297, 99-333, 01-385, 02-423, 06-515, 07-559, 08-585, 09-593, 09-605, 09-610, 12- 713, 13-754, 14-778, 15-797, 17-834, 18-850, 18-884, AND 20-898.) Clerk's Note: Per Council action, this item was presented earlier in the agenda following the Consent Agenda. Federal Way City Council Regular Minutes Page 8 of 9 October 5, 2021 8. COUNCIL REPORTS Councilmember Assefa-Dawson provided no report and thanked everyone for a good meeting with a lot of discussion. Councilmember Baruso thanked everyone who participated in public comment. He reported on his recent visit to the Sikh Learning Center in Federal Way and was pleased to see the amazing work they are doing there with children visiting from all over the state. Councilmember Tran thanked Councilmember Baruso for visiting the Sikh House of Worship and intends to visit soon. He reported the next meeting of the Finance, Economic Development, Regional Affairs Committee will be November 23 at 5:00 p.m. on Zoom. Councilmember Craft stated October is Filipino American History Month and is a great time to recognize and honor the contributions Filipino Americans have made to the United States. It is also Disability Awareness month and suggested looking at equitable positions in the workplace and positions for individuals with disabilities as it applies to equity and inclusion. She thanked everyone for their comments tonight. Councilmember Moore was excited to share that his son attended his first Chamber event and was excited to welcome a new business to Federal Way. He agreed with a speaker who noted the last fifteen months has been difficult but also acknowledged that he looks for the good and appreciates all of the citizens working to make Federal Way a better city. Councilmember Kochmar would like to discuss opening meetings back up to in -person and would also like to create a clearing house to connect seniors to organizations and business looking for part-time workers. She would like to see a no sit, no sleep, no lie policy for public sidewalks and encouraged pet owners to participate in St. Vincent's Animal Blessing on Saturday at noon. Council President Honda attended the Historical Society Annual Meeting held at the Rhododendron Gardens. She thanked everyone who came and supported the Food Drive this past weekend and is always happy to see the response of the community helping each other. The Senior Advisory Commission has updated their brochure of senior resources and will be distributing soon. She thanked everyone who has contacted Councilmembers, via email, phone or public comment to share their views and concerns; she truly appreciates hearing from the public. 9. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 10:37 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 9 of 9 October 5, 2021 COUNCIL MEETING DATE: October 19, 2021 ITEM #: 5b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RESOLUTION — MIRROR LAKE HIGHLAND PLAT ALTERATION POLICY QUESTION: Should the City Council adopt a resolution approving the Mirror Lake Highland Plat Alteration application (City File No.21-102213-SU)? COMMITTEE: Land Use/Transportation MEETING DATE: October 4, 2021 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Jim Harris, Senior Planner DEPT: Community Development Attachments: 1. Staff Summary Memorandum. 2. Resolution. 3. Hearing Examiner August 25, 2021, Findings of Fact, Conclusions of Law, and Recommendation. 4. August 4, 2021, Staff Report to Hearing Examiner with Attachments. Options Considered: 1. Approve proposed resolution. 2. Modify the plat alteration and approve as modified. 3. Do not approve proposed resolution. MAYOR'S RECOMMENDATION:: Option 1. MAYOR APPROVAL: 9/.2 -7 A I DIRECTOR APPROVAL: Cu mitice Cou LI Initial/Date Ini al"Datc 4 initial. nic COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the October 19, 2021, consent agenda for approval. VlC.- ZoC)M Greg Baruso, Committee Chair v c' ltL o M V\ a Zp cry, Hoang Tran, Committee Member Martin Moore, Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF ` --- Federal Way CITY OF FEDERAL WAY MEMORANDUM DATE: September 22, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Jim Harris, Senior Planner Brian Davis, Director of Community Development,��--� SUBJECT: Mirror Lake Highland Plat Alteration Application FINANCIAL IMPACTS Not applicable. BACKGROUND INFORMATION Mirror Lake Highland LLC requests approval of a plat alteration to remove a condition of plat approval on its 16-lot cottage housing subdivision that requires it to construct two affordable units. The plat is generally located at 604 SW 312th Street. The applicant agreed to construct the two affordable housing units in 2008 as part of its preliminary plat approval to qualify for a density bonus authorizing 16 dwelling units instead of 12 for the project site. The affordable housing density bonus was repealed by the City Council on November 4, 2020, by City Council Ordinance No 20-899. That repeal also changed the maximum dwelling unit count for a cottage housing plat from 12 to 16 units. Under current city regulations, the applicant would be allowed to develop its project site into a 16-unit cottage housing plat without a density bonus. On August 11, 2021, the Hearing Examiner held a public hearing on the proposed plat alteration. The Hearing Examiner recommended the City Council approve the proposed plat alteration as described in his August 25, 2021, Findings of Fact, Conclusions of Law, and Recommendation. RESOLUTION NO. A RESOLUTION of the City of Federal Way, Washington, approving the Mirror Lake Highland Plat Alteration Application, Federal Way, Washington, File No. 21-102213-SU. WHEREAS, the Mirror Lake Highland preliminary plat (file 07-106874-SU) was approved by the City of Federal Way ("City") on November 4, 2008, and the Mirror Lake Highland final plat (file 18-104198-SU) was approved by the City Council on January 15, 2019, via City Council Resolution 19-748; and WHEREAS, at the time the Mirror Lake Highland preliminary plat application and the final plat application were approved by the City, Federal Way Revised Code ("FWRC") 19.250.150 provided for an affordable housing density bonus applicable to the Mirror Lake Highland cottage housing development ("CHD"); and WHEREAS, FWRC 19.250.150 was titled: "Affordable housing bonus in RS zoning classifications", and stated in relevant part: "In the RS zones, CHDs that include affordable units may exceed the base level of 12 dwelling units up to a total of 16 dwelling units (assuming adequate overall lot size). One-half of all dwelling units over the base level of 12 must be affordable (for example, a total of four additional dwelling units may be permitted if two of these are affordable)"; and WHEREAS, pursuant to the version of FWRC 19.250.150 in effect at the time of preliminary and final plat approval, a note ("Note 5") was placed on the Mirror Lake Highland final plat map implementing FWRC 19.250.150 and requiring affordable housing on lots 7 and 13; and WHEREAS, Note 5 provides: "Affordable Housing Lots — Lots 7 and 13 are designated as affordable housing units per City of Federal Way Cottage Housing Ordinance, Federal Way Revised Resolution No. 21- Page I of 4 Code Chapter 19.250, Section 19.250.150. The affordable housing sales covenant, as approved by the City, shall be in force for 15 years from initial occupancy."; and WHEREAS, City Council Ordinance 20-899 approved by the City Council on November. 4, 2020, repealed FWRC 19.250.150 and the associated affordable housing density bonus provision in its entirety, and changed the maximum unit count for a CHP from 12 to 16 units; and WHEREAS, following City Council adoption of Ordinance 20-899, the original applicant and the majority of current owners of lots in Mirror Lake Highland Plat submitted a plat alteration application, City File No. 21-102213-SU ("Application") pursuant to FWRC 18.45.020 seeking to eliminate the affordable housing requirement on lots 7 and 13 contained in Note 5; and WHEREAS, elimination of Note 5 on the final plat, if approved, would allow lots 7 and 13 to be developed and sold without an affordable housing requirement; and WHEREAS, the Application is consistent with FWRC Ordinance 20-899, which repealed the previously existing affordable housing bonus and changed the maximum unit count for a CHD from 12 to 16 units; and WHEREAS, no other portions of the FWRC require any designated affordable housing lots in a 16-lot single family plat; and WHEREAS, on August 11, 2021, the Federal Way Hearing Examiner ("Hearing Examiner") conducted a properly noticed public hearing on the Application; and WHEREAS, on August 25, 2021, the Hearing Examiner issued Findings of Fact, Conclusions of Law, and Recommendation of the Federal Way Hearing Examiner ("Hearing Examiner Recommendation") on the Application, which is hereby incorporated by reference as though set forth in full; and Resolution No. 21- Page 2 of 4 WHEREAS, on October 4, 2021, the City Council Land Use and Transportation Committee reviewed and considered the Application and the Hearing Examiner Recommendation; and WHEREAS, on October 19, 2021, the Federal Way City Council reviewed and considered the Application and the Hearing Examiner Recommendation. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Application Approval. The Mirror Lake Highland Plat Alteration Application, City of Federal Way File No. 21-102213-SU, is approved based upon the Hearing Examiner Recommendation as incorporated herein. Section 2. Recording. The approved and signed altered plat together with all legal instruments pertaining thereto, as required by all applicable codes, shall be recorded with the King County Recorder's Office. The applicant shall pay all recording fees. Section 3. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/ clerical errors, references, resolution numbering, section/subsection numbers, and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Resolution No. 21- Page 3 of 4 Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of . 2021. CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 21- Page 4 of 4 BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY Phil Olbrechts, Hearing Examiner RE- Mirror Take Highland Plat Alteration No. 21-102213-SU FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION INTRODUCTION Mirror Lake Highland LLC requests approval of a plat alteration to remove a covenant on its 16-lot cottage housing subdivision that requires it to construct two affordable housing units. The plat is generally located at 604 SW 3120 Street. It is recommended that the City Council approve the plat alteration. The Applicant agreed to construct the two affordable housing units in 2008 as part of its preliminary plat approval to qualify for a density bonus authorizing 16 dwelling units instead of 12 for the project site. The affordable housing density bonus was repealed by the City Council on November 4, 2020 by Ordinance No. 20-899. That repeal also changed the maximum dwelling unit count per cluster of cottage housing lots from 12 units to 16 units. Under current regulations, the Applicant would be allowed to develop its project site into a 16-unit cottage housing cluster without a density bonus. ORAL TESTIMONY A computer -generated transcript has been prepared of the hearing to provide an overview of the hearing testimony. The transcript is provided for informational purposes only as Appendix A. EXHIBITS The City's August 4, 2021 Staff Report with Attachments A-F were admitted during the hearing as Exhibit 1. The City's PowerPoint Presentation was admitted as Ex. 2. FINDINGS OF FACT Procedural: 1. Aunt. The Applicant is Bill McCaffrey, Mirror Lake Highland LLC, 30929 37th Place SW Federal Way, WA 98023. bill@thenexusstudio.com 2. Hearing. The Hearing Examiner conducted a virtual public hearing on the application at 10:00 am, August 11, 2021, Zoom Meeting ID No. 877 853 5247. Plat Alteration -- 1 Substantive: 3. Proposal and Site Descri tion. Mirror Lake Highland LLC requests approval of a plat alteration to remove a covenant on its 16-lot cottage housing subdivision requiring it to construct two homes as affordable housing. The plat is generally located at 604 SW 312th Street_ More specifically, the Applicant requests removal of Note 5 on Sheet 2 of the Mirror Lake Final Plat, which provides as follows: Affordable Housing Lots — Lots 7 and 13 are designated as affordable housing units per City of Federal Way Cottage Housing Ordinance, Federal Way Revised Code Chapter 19.250, Section 19.250.150. The affordable housing sales covenant, as approved by the City, shall be in force for 15 years from initial occupancy. Mirror Lake Highland is a recorded 16-lot single-family residential subdivision for a cottage housing project on approximately 1.85 acres. The City Council approved the preliminary plat application for the subdivision in 2008 and the final plat in 2019. A cottage or compact single-family residence has been constructed on each of the 16 lots in the Mirror Lake Highland Plat except for the two affordable housing lots. FWRC 19.05.030(C), defines cottage housing development (CHD) as a residential lot development consisting of clusters of between 4 and 16 detached dwelling units that include cottages and may include compact single- family units. The compact single-family units are subject to maximum size limits. The CHD regulations also include open space and architectural design standards. Cottage home developments are restricted in square footage but are allowed at roughly twice the density permitted by the underlying zone. The homes are characterized by home orientation to a shared central open space. At the time of the CHD review and approval, the FWRC limited CHD clusters to 12 units with the option to increase them to 16 units with an affordable housing density bonus. The two Mirror Lake affordable housing units at issue were proposed to increase the number of authorized units from 12 to 16. The City Council repealed the CHD density bonus, FWRC 19.250.150, by adoption of Ordinance No. 20-899 on November 4, 2020. Ordinance No. 20-899 also increased the maximum number of units per CHD cluster without a density bonus from 12 to 16 by amendment of FWRC 19.250.030(1)(b). Under FWRC 19.250.030(1)(b) as currently applicable, the Applicant would be allowed to divide the project site into 16 lots without an affordable housing density bonus. 4. Clxaracteristics of the Surrounding Area. All surrounding uses are zoned RS 7.2 with Lake Grove Elementary located to the east. 5. Adverse Im actslAde uac of Infrastructure. There are no significant adverse environmental impacts associated with the proposal. The proposal involves no alteration to plat design or any plat associated improvements or any change in demand upon public services. As confirmed by staff in the staff report, for these reasons the removal of the affordable housing note will have no impact on c�7rrni�nriir.rr ..rr.t.n,-t;a�, Plat Alteration -- 2 CONCLUSIONS OF LAW Procedural: 1. Authority of Hearinip, Examiner: FWRC 18.45.050 and .060 authorizes the hearing examiner to hold a hearing and make a rec;onunendatioii to the City Council on applications for plat alterations. Substantive: 2. Zoning. Des Wnati on: RS 7.2. 3. Review Criteria and Application. FWRC 18.45.050(2) and (3) govern the standards for plat alteration review. The proposed plat alteration is consistent with those standards. The FWRC 18.45.050 standards are too numerous to quote with any significant utility. In general, with one exception discussed below, the standards regulate plat design and infrastructure improvements. An important issue regarding application of those standards is whether the standards only apply to the portion of the plat that is being altered or whether they apply to the plat as a whole. Arguably, the standards apply to the plat as a whole because otherwise the Applicant could be engaging in selective vesting. Selective vesting is applying some regulations that have vested along -with a permit application and then waiving vesting as to other regulations that were amended after vesting. Selective vesting is prohibited by the courts because it enables developers to cobble together a set of development standards that were never intended to be collectively applied by the City Council. See Reclamation Co. v. Bjornsen, 125 Wn. App. 432 (2005)1. In this case, the Applicant would clearly be engaged in selective vesting if the Council hadn't adopted Ordinance No. 20-899 to increase the maximum number of lots per CHD cluster from 12 to 16 without an affordable housing bonus. If the maximum were still set at 12, approval of the plat alteration would enable the Applicant to develop 16 lots in a CHD cluster when no set of regulations concurrently in place would allow that many lots without an affordable housing bonus. Fortunately for the Applicant, there is no selective vesting occurring for this proposal. This is because (1) the number of lots per CHD cluster has been increased from 12 to 16 by Ordinance No. 20-899; and (2) beyond the CHD amendments previously discussed, the City's subdivision standards have not materially changed since the Mirror Lake plat vested sometime after 20062. Only three applicable plat alteration standards have been amended since the vesting of Mirror Lake — FWRC 18.60.050, 18.60.080 and 19.135.251. FWRC 18.60.050 and 18.60.080 "encourage" the use of low impact development techniques for street and stormwater ' Bjarnson dealt with a developer who used the vesting date of its application to apply some vested standards and then applied subsequently adopted standards for the same permit review. The circumstances of this application are slightly different, as the Applicant is mixing applicable standards between two applications (preliminary plat and plat alteration) as opposed to one. However, the applicable principle is still the same. As in Bjarnson, the Applicant of this case should not be allowed to mix applicable standards by applying those that applied for its preliminary plat application in 2009 and then adding newly adopted standards in the current application. 2 The staff report notes that the City's cottage housing regulations were adopted in 2006, which would be Ordinance No. 06-533. Ordinance No. 06-533 had an effective date of September 28, 2006. This means that the Applicant's preliminary plat application had to vest after September 28, 2006 to take advantage of the ordinance. Plat Alteration -- 3 improvements. Since the requirements are not mandatory and the CHD design already incorporates LID features such as pervious driveways and rain gardens, that standard would likely have been met if applied during the Mirror Lake preliminary plat review. The third standard, FWRC 19.135.251 requires the creation of a street network with block perimeters not exceeding 2,640 feet. This requirement does not apply if adjacent development is not conducive to this block pattern. In this case the Applicant would be required to at least install an east -west road stub to comply with the block perimeter requirement. However, adjacent development is not conductive to such a connection. The development to the west is already fully developed without any available area for a stub connection and the lot adjoining the entirety of the eastern border is similarly fully developed with a church and no available road connection. Since Mirror Lake was found to be consistent with all applicable subdivision standards when it was approved in 2008 and those standards have not materially changed since then, it can be concluded that the plat still conforms to those standards. Beyond compliance with City subdivision design and infrastructure standards, the plat alteration review criteria of FWRC 18.45.050 also requires consistency with RCW 58.17.110. RCW 58.17.110 focuses upon generally requiring that subdivisions be served by adequate infrastructure. However, it also includes the requirement that "[a)ppropriate provisions are made for the public health, safey) and general welfare..." The loss of affordable housing units is relevant to this criterion, i.e. is the loss of two affordable housing units caused by the proposed plat alteration consistent with public health, safety and welfare? The answer is yes because the Council has legislatively determined in the whereas clauses to Ordinance No. 20-899 (the CHD amendments) that there is a need for medium income housing and that development costs have prevented the development of affordable housing units. Given that the removal of two affordable housing units will open the opportunity for two needed and more feasible medium income units, the loss of those affordable housing units can be construed as consistent with public health, safety and welfare. RECOMMENDATION For the reasons identified in the conclusions of law above, it is recommended that the City Council approve the proposed plat alteration as described in Finding of Fact No. 3 with no conditions. Dated this 251h day of August 2021. Phir A. 01brechts Hearing Examiner, City of Federal Way. Plat Alteration -- 4 CITY OF Federal Way COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT TO HEARING EXAMINER MIRROR LAKE HIGHLAND PLAT ALTERATION Federal Way File No. 21-102213-SU Report prepared by Jim Harris, Senior Planner, August 4, 2021 Public Hearing — Wednesday, August 11, 2021-10:00 AM Via Zoom —1 253 215 8782, 1206 337 9723, 213 338 8477 888 788 0099 (Toll Free) or 877 853 5247 (Toll Free) Webinar ID: 964 9364 1243 / Passcode: 999714 h ttps:llcityoffederalway.zoom.usli/96493641243?pwd=ZUZSSFZUR2Zxbm5odW4xoVIkL292dx09 RECOMMENDATION Approval of the Mirror Lake Highland Plat alteration application to eliminate note 5 on sheet 2 is recommended (Exhibit A — Plat Alteration Application). City of Federal Way staff has reviewed the plat alteration application and find it complies with the Federal Way Revised Code (FWRC). II SUMMARY Meeting Date: Hearing Examiner Public Hearing; August 11, 2021; 10:00 AM. Plat Location: The proposal pertains to the entire Mirror Lake Highland final plat located generally at 604 SW 312'h Street, Federal Way, WA; King County parcel's 555790-0010; -0020; - 0030; -0040; -0050; -0060; -0070; -0080; -0090; -0100; -0110; -0120; -0130; -0140; - 0150; & -0160. Application Description: Application to alter/revise the recorded Mirror Lake Highland Plat to eliminate note 5 on sheet 2 of the recorded plat that references an affordable housing requirement on lots 7 and 13 (Exhibit B — Mirror Lake Highland Plat Alteration / Amendment Map). Specifically, the application is to remove the plat note which states: "Affordable Housing Lots —Lots 7 and 13 are designated as affordable housing units per City of Federal Way Cottage Housing Ordinance, Federal Way Revised Code Chapter 19.250, Section 19.250.150. The affordable housing sales covenant, as approved by the City, shall be in force for 15 years from initial occupancy. " According to procedures outlined in FWRC 18.45.040, the applicant requests alteration of the recorded final plat to eliminate note 5 on sheet 2 regarding affordable housing. The Hearing Examiner will hold a public hearing on the application, and make a written recommendation to the City Council. The City Council will make the final decision on the application. Staff Report to Hearing Examiner Page 1 of 4 Mirror Lake Highland Plat Alteration File No. 21-102213-SU / Doc. I.D.81561 Mirror Lake Highland is a recorded 16-lot single-family residential subdivision for a cottage housing project on approximately 1.85 acres. The Mirror Lake Highland final plat application was granted approval by the Federal Way City Council on January 15, 2019, via City Council Resolution 19-748 (Exhibit C). Access to Mirror Lake Highland is from the north side of SW 312`" Place onto a new private roadway (6`" Lane SW) within the plat. All required roads, sidewalks, storm drainage facilities, sewer lines, water lines, and related improvements for the project have been constructed, or are financially guaranteed. New single-family residences have been constructed on each of the 16 lots in the Mirror Lake Highland Plat, except lots 7 and 13 are still vacant and undeveloped. Applicant: Bill McCaffrey Mirror Lake Highland LLC 30929 37`" Place SW Federal Way, WA 98023 253-709-8747, bill althenexusstudio.com Surveyor: Informed Land Survey Evan Wahlstrom PO Box 5137 Tacoma, WA 98415 Water: Lakehaven Water and Sewer District Sewer: Lakehaven Water and Sewer District Fire District: South King Fire and Rescue School District: Federal Way Public Schools III HISTORY AND BACKGROUND Federal Way Comprehensive Plan (FWCP) and zoning designation for the subject property are Single Family High Density Residential and RS 7.2, respectively. The Mirror Lake Highland Plat is a cottage housing project as discussed below. Cottage Housing — In 2006, the Federal Way City Council adopted a cottage housing ordinance, which authorized cottage housing on a demonstration project basis. FWRC 19.05.030(C), defines cottage housing development (CHD) as a residential lot development consisting of clusters of between 4 and 16 detached dwelling units that include cottages and may include compact single-family (CSF) units that meet specific criteria that limit the size of the building, and contain requirements for common open space and specific architectural design standards. Cottage homes are restricted in square footage but are allowed at roughly twice the density permitted by the underlying zone, are single-family ownership homes, and are characterized by home orientation to a shared central open space. At the time of the CHD review and approval, the FWRC included an affordable housing bonus that allowed a CHD to exceed the base level of 12 dwelling units up to a total of 16 dwellings, provided one- half of all dwelling units over the base level of 12 were designated for affordable housing. For the Mirror Lake Highland Plat, 16-lots were approved, subject to two of the lots being for affordable housing. Staff Report to Hearing Examiner Page 2 of 4 Mirror Lake Highland Plat Alteration File No. 21-102213-SU / Doc. I.D.81561 Preliminary Plat — The 16-lot Mirror Lake Highland Preliminary Plat was granted approval by the Federal Way City Council on November 4, 2008, per Resolution 08-535. The 1.85-acre subdivision includes tracts for storm drainage, lot access, landscaping, and open space/common areas. Final Plat — The 16-lot final plat of Mirror Lake Highland was approved by the City Council on January 15, 2019, via City Council Resolution 19-748. Home Construction — A cottage or compact single-family residence has been constructed on each of the 16 lots in the Mirror Lake Highland Plat, except lots 7 and 13 are undeveloped and vacant. IV STATE ENVIRONMENTAL POLICY ACT (SEPA) On July 20, 2021, for the proposed plat alteration, the city issued a SEPA addendum (Exhibit D) to the original SEPA Determination of Nonsignificance (DNS) for the April 16, 2008, preliminary plat application. V FINDINGS OF FACT 1. The applicant and majority of owners of lots in Mirror Lake Highland Plat have applied to alter the recorded plat map to eliminate note 5 on sheet 2 of the recorded final plat map. Note 5 states: "Affordable Housing Lots — Lots 7 and 13 are designated as affordable housing units per City of Federal Way Cottage Housing Ordinance, Federal Way Revised Code Chapter 19.250, Section 19.250.150. The affordable housing sales covenant, as approved by the City, shall be in force for 15 years from initial occupancy. " 2 FWRC Chapter 18.45 governs the alterations of plats. 3. The Mirror Lake Highland final plat was approved by the City Council on January 15, 2019, via City Council Resolution 19-748. As required by FWRC 19.250.150, in effect at the time of preliminary and final plat approval, a note implementing FWRC 19.250.150 requiring affordable housing on lots 7 and 13 was placed on the final plat map. 4. At the time the Mirror Lake Highland preliminary plat application (file 07-106874-SU, November 4, 2008) and the final plat application (18-104198-SU, January 15, 2019) was approved by the City Council, FWRC 19.250.150 regarding affordable housing bonus was in effect and applicable to the Mirror Lake Highland Cottage Housing Plat. FWRC 19.250.150 was titled: Affordable housing bonus in RS zoning classifications. In summary, FWRC 19.250.150 stated in part: In the RS zones, CHD's that include affordable units may exceed the base level of 12 dwelling units up to a total of 16 dwelling units (assuming adequate overall lot size). One-half of all dwelling units over the base level of 12 must be affordable (for example, a total of four additional dwelling units may be permitted if two of these are affordable)" (Exhibit E — Repealed FWRC 19.250.150). 5. City Council Ordinance 20-899 (Exhibit F) approved by the City Council on November 4, 2020, repealed in entirety FWRC 19.250.150 which contained the affordable housing bonus standard for a cottage housing development. 6. Following City Council adoption of Ordinance 20-899, an application was submitted to the city to alter the Mirror Lake Highland Plat, to eliminate the affordable housing requirement on lots 7 and 13 Staff Report to Hearing Examiner Page 3 of 4 Mirror Lake Highland Plat Alteration File No. 21-102213-SU / Doc. I.D.S 1561 as specified on note 5 sheet 2 of the Mirror Lake Highland recorded plat. Elimination of note 5 on the final plat, if approved, would allow lots 7 and 13 to be developed and sold without an affordable housing requirement. 7. The application to eliminate note 5 on sheet 2 of the Mirror Lake Highland final plat is consistent with current FWRC Ordinance 20-899, which repealed the prior affordable housing bonus in a CHD formerly codified under FWRC19.250.150. No other portions of the FWRC require affordable housing for a 16-lot single family plat. 8. Other than eliminating note 5 on sheet 2 of the Mirror Lake Highland Plat map, no other changes or alterations to the plat are requested or proposed. 9. The plat alteration application is consistent with FWRC 18.45.050(2), as the application does not affect: the land division design; lot design; open space and recreation; and pedestrian and bicycle access. All of these above design requirements were reviewed and approved with the final plat application review and approval by the City Council on January 15, 2019, via Resolution 19-748. 10. The plat alteration application is consistent with FWRC 18.45.050(3), as the application does not affect: street improvements and dedication of rights -of -way and/or easements; density regulations; streets and rights -of -way; water; sewer disposal; storm drainage; other utilities; street lighting; and monuments. All of these above development standards were reviewed and approved with the final plat application review and approval by the City Council on January 15, 2019, via Resolution 19-748. VI CONCLUSION The application to eliminate note 5 on sheet 2 of the Mirror Lake Highland Plat is consistent with the current FWRC. City Council adoption of Ordinance 20-899 eliminated the prior provision for affordable housing bonus units in a CHD. The plat alteration application does not impact and is consistent with the design requirements and development standards in FWRC 18.45.050(2) and (3). City of Federal Way staff have reviewed the plat alteration application and recommend approval of the Mirror Lake Highland Plat alteration to eliminate note 5 from sheet 2, as the application complies with current FWRC based on the findings above. VII EXHIBITS Exhibit A Plat Alteration Application Exhibit B Mirror Lake Highland Plat Alteration / Amendment Map, received June 25, 2021 Exhibit C City Council Resolution 19-748, Approving Mirror Lake Highland Final Plat Exhibit D SEPA Addendum to DNS, July 20, 2021 Exhibit E Repealed FWRC 19.250.150 Exhibit F City Council Ordinance 20-899 repealing FWRC 19.250.150 Staff Report to Hearing Examiner Page 4 of 4 Mirror Lake Highland Plat Alteration File No. 21-102213-SU / Doc. I.D.81561 RECEIVED 6/11/2021 41k CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT CITY OF 10';:tSP Federal Way APPLICATION NO(S) FILE ID 21-102213-SU Project Name Mirror Lake Highland Property Address/Location Parcel Number(s) Project Description PLEASE PRINT MASTER LAND USE APPLICATION 604 SW 312th St., Federal Way, WA 98023 Mirror Lake Highland Plat DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 81 Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 13 WW.citvo ffederaf wuv.uim Date 6/4/2021 16 single family home residential Plat. This plat revision removes Subdivision Note 5 from page 2 of the plat that references the now rescinded affordable housing requirement. Type of Permit Required Annexation Binding Site Plan _ Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) _ Process V (Quasi -Judicial Rezone) _ Process VI Development Agreement SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use _ Short Subdivision X Subdivision Variance: Commercial/Residential Required Information R-7200 Zoning Designation Cottage Hot�4prehensive Plan Designation $1,900,000 Value of Existing Improvements Value of Proposed Improvements International Building Code (IBC): Single Family Residential Occupancy Type V Construction Type Bulletin 4003 — February 14, 2019 Applicant Name: Address: City/State: Zip: Phone: Fax: Email: Signature: �,A)111 Bill McCaffrey 30929 37th PL SW Federal Way WA 253-709-8747 Bill@thenexusstudio.com /� � 1 C Agent (if different than . plicant) Name: Same Address: City/State: Zip: Phone: Fax: Email: Signature: Owner Name: See Attached List Address: City/State: Zip: Phone: Fax: Email: Signature: Page 1 of 1 k:lHandoutslIvlaster LV5%1 41 ppli cation Pg 1 of 4 P GneNEXUS SCUM0 creating essential environments m n J W 0 W U_ w N ui fY 0 s d K N T N W s 0 June 1, 2021 Jim Harris Senior Planner 33325 81" Avenue South Federal Way, WA 98003 RECEIVED 6/11/2021 CITY OF FEDERAL WAY COMMUNITY 0E%TL6PRIE%1' Re: File No. 18-104198-00-SU Mirror Lake Highland 604 SW 312th Street, Federal way Dear Mr. Harris: Per your request for a narrative request for this proposal by the applicant please note the following. This plat amendment is being submitted because of a City of Federal Way requirement that the Mirror Lake Highland (MLH) Cottage Housing Plat be formally amended to reflect the decision of the City Council on 10/20/2020 that amended the Cottage Housing Ordinance (CHO) Section 19,250.030 to allow a maximum of 16 units and repealed Section 19.25.150 pertaining to affordable housing in its entirety. The Mirror Lake Highland (MLH) plat was preliminarily approved on 11/4/2008. The MLH final plat was approved on 9/26/2019. On 10/20/2020, at the request of Federal Way's planning department, the council approved the above -mentioned amendments to the CHO. Subdivision Note 5, on page 2 of the current MLH plat refers to the now rescinded Section 19.250.150 of the CHO. Absolutely nothing else on the original plat has changed. This request removes Subdivision Note 5 on page 2 of the plat to bring it into compliance with the Planning Department's requested amendment. Best Regards, Bill McCa re President The Nexus Studio Inc. Exhibit A Pg 2 of 4 www.CnEnEXUSSCU131O.com Address Owner Signatures Email address Phone — LOt 5 31100 6th Lane SW, Annette R Morgese J amorgese58@gmail.com 303-949-9652 Federal Way WA 98023 James N Morgese iamesmorgese@gmail.com 801-414-1742 Lot? 310186th PLSW, William McCaffrey bill@thenexusstudio.com 253-709-8747 Federal Way, WA 98023 Dawn McCaffrey CLL dawn@thenexusstudio.com 253-229-7005 i 31014 6th Lane SW, Deanna Lund It�1 Q' ~ deannalund930@Pmail.com 253-941-0895 Lot 8 Federal Way WA 98023 Dennis Lund starbuckkidl@gmail.com 253-670-5863 I Lot 9 Lot 10 Lot 12 Lot 13 31008 6th Lane SW, Paula Deane Clark Federal Way WA 98023 30926 6th Lane SW, Chien Lennert Federal Way WA 98023 i— Matthew Lennert 30914 6th Lane SW f Emily Beemsterboer Federal Way WA 98023 Andrew Yager 30910 6th Lane 5W, Federal Way WA 98023 30913 6th L W, Federal y WA 98023 Lot 15 309216th Lane SW, II Federal Way WA 98023 I William McCaffrey Dawn McCaffrey Lorena �� L ,es Ra y Bixler +� Larri Servin Paulaclarkgroves@gmail.com 503-223-6277 /. chienhuilennert@gmail.com 206-972-0886 — mattlennert@gmaiLcom 520-818-4185 emilybeemsterboer@vahoo.com 253-363-2126 andrew.lee.vager@gmail.com 425-891-1998 bill CcDthenexusstudioxorn 253-709-8747 dawn@thenexusstudio.com 253-229-7005 I f lorenabixler@gmail.com 402-609-6500 randybixler@yahoo.com 503-799-9851 Iservin@kw.com 919-208-3375 FILE ID 21-102213-SU page 3 addendum Master Land Use Application Address Owner Signatures 30922 6th Lane SW, Hannah Pearish Lot 11 Federal Way WA 98023 Jacob Pearish Email address hkstrasser1966C@amail.com ipea rish5560gmall.com Phone I 443-827-8342 219-851-4802 Exhibit A Pg4of4 MIRROR LAKE HIGHLAND PLAT AMENDMENT SW 114 OF THE NE 114 OF SECTION 7, T21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA DEDICATION `NOW ALL P(1]PLC Bi ji['SE PRESCNM THWT Ili, NRE LMDEFIVp1ED OWRER5 O`F, INTERC51 IN THE LAND I%WRT �IID01l1DFD, (�REBr DE[LAHL'TIR$ PLAT 1D BE THE GRAPHIC 'AEPRESEPITAINSA {f THE SDBOM51D4 MADE HA Y, ANTS QD 1(REBY OCNE+ITE TD Tli USE CX THE PUBLIC FORCV[R IN-L STRECT5 AND AYEMICS N�1T A1E11}N 45 PRIVATE tLC>1CP1 ALD fA➢�CAIE SHE USE MERCOF FOR ,ILL PUBLIC pllliPCSE5 W)T 1NL9NSKT[NS f1TH THE UY PRIVATE . PU9LIC NR:NWAY Gg SHOWN AND ALDD THE 14 GMT Ty MAKE ALL NE CESSARr-•!.WFS FOR CUT5 AND FILLS UPON THE LOTS ANO TRACTS SHOWN THEREON. IN THE ORIGINAL. WASO4 ABLE GRADING OF SAID STREETS AND AVENUES, AND FURTHER DEDICATE TO THE USE OF THE PUBLIC ALL ME EASCMVdTS AIM TRACTS SHOWN LWI THIS PLAT FDR. ALL PUBLIC PURPOSES AS INDICTED WEREpN, INDWOING BUT NET LIMITED TO PARKS, OPEN SPACE, UTILITIES AND DRAWATS UNLESS SUCH'CA5EMEHTS OR 14TA(;T5'*RE 9RL OTITCALLY IDENTI('IED Dy THIS PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON DR ENTITY OTHER THAN THE PUBLIC, IN WHICH CASE WE DO HEREBY DEDICATE AND CONVEY SUCH STREETS. EASEMENTS, OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED. FURTHER THE UNDERSd:NE➢ gWCERS OF THE LAND HEREBY $UBOMDER: WAIx ATNI REEE4$E FOR TNEM$ELVES. TRIM NEIRS AN1f ASVO, AIID AIIY PERSON OR [N'RTY DE.IS TITLE FgOM THE UNDERLCR[D. ANY AYq ALL CLAIMS FOR DAMADES ADUNyT THE CITY OF i'EDCRAL "x ITS SUCCESSORS Am A59GNs WHI.oI MAYBE DCCASIDNED 9r THE DDFIEM� [STAmL191MEu1, WNSTRLDTIDN. OIjpASIDN, FAILURE TO ERE' ". OR YAINI[NANCE W ROADS N111I0R DRAINAGE SYSTEM 5, ALTDRAl1pN5 DF THE ..ND SL/RFA' WCETATIM7 yRA/IAGE OR SURFACE OR RFACE WATER FLOWS WITHIN THE SUBDIY,51045 9R WITHIN ANT JF?M NAVE DR DETENTION FACILITIf'S DESoNEp TO RECEIW OR ACTUALLY kMDVIiSMG DRAIMAGE FROM THE SUBDIWSIONS AND THE CITY OF FERAL WAYS REVIEW AND APPROVAL OF PLANS AND PERYFT5 rr SAMIL OTHER WAN CLAIMS RESULTING FROM INAL7C0(NA1E MAINTENANCE BY THE CITY OF FEDERAL WAY FURTHER. THE MNDERTGKO OR NtRS DF THE LAME HEREBY SUBDIVE4p. AGI�[ FGF AIElI5EL1E i, TK- `Ea[ ulD AS51W5 1D NDELANIFY, HELD HARMS.— NIO'OEFFl1O THE i1TT DF EF:DE4AL Y, fFS BVCLF550RS AND A$SIVKS, FROM A!e0 ALAINBT AHY pAN ACE, IHrLuarK ANY LYN515 DF DPEILSE, RAILED"Er PERSIr45 MI THIN DR MITHDUT THE SUBDR rLP15 TD HAVE BmN CAUAG BY THE EEIaG I, EfrTABL151RACM CDMSTRtJCTIDN. OMRA TIW, FARMRE 10 oPERAIE. DR MAINTENAkla .OF ROADS ANDMR- ORMaGE SYSTEMS. ALTERAT 95 OF Ot CAOUKD SURFACE. VEGETATION, DRAINAGE, OR 5LOWAGE OR SUB•jUBFArE WATER TLDW: WITHIN TIW SUISMI".$MNS DR MINN ANY DRAINAGE OR DETENTION FACILITIES DE5il NED TO RLGCIx OR ACTUALLY RECEIVU4G DRAINAGE FROM THE 5(TBDIV190NS AND THE CITY OF FEDERAL WAYS REWEW AND APPROVAL OF PLANS AND PERMITS FOR SAME PROVIDED, THIS WAIVER AND INDEMNIFICATION SHALL NOT BE CON5TRUEB A5 BELE4SWQ SHE CITY OF FPXRAL WAT, ITS S::CCESSORS OR ASNLMS, FROM LIABRITT FOR DAMAGES, INELUPNC THE COST OF DETENM- AESI tINC FROM AND 13 THE EXTENT OF WE SOLE NEQVWNCE OF THE CITY OF FEDERAL WAY, ITS SULCE551Ni5. WL ASSFGNS. THIS SUBDIVIS04, DEDICATION, RELEASE, INDEMNIFICATION OF CLAIMS, AND ADRP79NT TO HOLD HARMLESS IS MADE WITH THE FREE LONSENT AND IN AEC ANCE WITH THE DESIRES OF SAID DWETS IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS: WILLIAM MCCAFFREY DAWN MCCAFFREY ANNETTE MORGESE JAMES MORCESE DEANNA LUND DENNIS LUND vnlc�A�T21a4n-r.R MIRROR LAKE HIGHLAND, LLC BY: ITS: REDMOND PROPERTY INVESTMENT 44, LLC BY: ITS: AMEN ■r��■ ,T.BA2IFXTI%91 MATTHEW LENNERT EMILY BEEMSTERBOER ANDREW YAGER LORENA BIXLER RANDY BI%LER LARRI SERVIN REDMOND FSRN1T1ly 17REA2P, lit BY: ITS: ACKNOWLEDGMENTS STATE OF WASHINGTON SS COUNTY OF KING ON THIS DAY PERSONALLY APPEARED BEFORE ME _ ____________ KNOWN TO BE THE ______________ THAT EXECUTED W THE WITHININ FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED SAID INDINDUAL, FOR THE PURPOSES THEREIN MENTIONED AND ON OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS __-_ DAY OF . 2021 NOTAaY PUBLIC RESIOWx NN WY COMMIS•4�1 E FPRTES. STATE OF WASHINGTON SS COUNTY OF KING ON THIS DAY PERSONALLY APPEARED BEFORE ME ----------------- TO ME KNOWN TO BE THE THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID INDINDUAL, FOR THE PURPOSES THEREIN MENTIONED AND ON OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS ____ DAY OF _ 1ul NOTARY PUBLIC REACWG N Mr COYMLS$IDN [%FIRES: STATE OF WASHINGTON I SS COUNTY OF KING ON TH 15 DAY PERSONALLY APPEARED BEFORE ME _ 10 ME KNOWN TO BE THE _ THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID INDIVIOUAL, FOR THE PURPOSES THEREIN MENTIONED. AND ON OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS ____ DAY OF _ . 2021 NOTAWY pUBMC V;10 NG IN MY C(Y�aSKN4 EIE•/IE-� . THE PURPOSE OF THIS PLAT AMENDMENT 15 TO REMOVE NOTE NUMBER 5 SHOWN UNDER THE SUBDIVISION NOTES HEADER ON SHEET 2 OF B, MIRROR LAKE HIGHLAND ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2BT OF PLATS, PAGES 4-11, RECORDS OF KING COUNTY WASHINGTON. STATE OF WASHINGTON SS COUNTY OF KING ON THIS DAY PERSONALLY APPEARED BEFORE ME _________________ TO ME KNOWN TO BE THE ____ THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID INDINDUAL, FOR THE PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT RESUBMITTED GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS ____ DAY OF 2021 Jun 25 2021 NOTARY PUBLIC CITY OF FEDERAL WAY RESIDING IN MY COMMISSION EXPIRES: COMMUNITY DEVELOPMENT Exhibit B LAND SURVEYOR'S CERTIFICATE Pg 1 of 10 THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME UNDER - _ _ MY DIRECTION CONFORMANCE WITH THE REQUIREMENTS THE HE SURVEY RECORDING ACT AT THE REONEST OF BILL MCCAFFREY 11 ON THIS __________ DAY OF 20___ I WAN MARK WARLSTROM, LSTR44651EXP10N4122 V 4�1 GITV Or FEDERAL PAY ME NO MIRROR LAKE HIGHLAND PLAT AMENDMENT SW 114 OF THE NE 114 OF SECTION 7, T 21 N, R 4E, W. M. CITY OF FEDERAL WAY, KING COUNTY, WA ACKNOWLEDGMENTS STATE OF WASHINGTON SS COUNTY OF KING ON THIS DAY PERSONALLY APPEARED BEFORE ME _________________ TO ME KNOWN TO BE THE ______________ THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID INDIVIDUAL, FOR THE PURPOSES THEREIN MENTIONED AND ON OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT OVEN UNDER MY HAND AND OFFICIAL SEAL THIS ____ DAY OF 2021 NOTARr PUBLIC RESIOWCOM: DR MY MlSS'JIf EXwRM STATE OF WASHINGTON ( S2{ COUNTY OF :INC ON THIS DAY PERSONALLY APPEARED BEFORE ME __EXEC_______ W IN KNOWN TO FOREGOING THE ______________ THAT EXECUTED THE :NSTR AND FO BE THE INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND REIN MENTIONED ACT AND DEED A SAID INDIVIDUAL, FOR THE PURPOSES THEREIN MENTIONED AND D I OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS -___ DAY OF 2421 NOTARY PUBLIC RESIDING IN MY COMMISSION EXPIRES: STATE OF WASHINGTON SS COUNTY OF KING ON THIS DAY PERSONALLY APPEARED BEFORE ME _________________ TO ME KNOWN TO BE THE ______________ THAT EXECUTED THE WITHIN AND FOREGONG INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID INDIVDUAL. FOR THE PURPOSES THEREIN MENTIONED- AND ON OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT OVEN UNDER MY HAND AND OFFICIAL SEAL THIS --__ DAY OF ___________ , 2021 NOTARY PUBLIC RESIDING IN MY COMMISSION EXPIRES: STATE OF WASHINGTON SS COUNTY OF KING � ON THIS DAY PERSONALLY APPEARED BEFORE ME ---------------- TO ME KNOWN TO THE ______________ THAT EXECUTED THE W WITHININ AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED A SAID STATENDIVDUAL, FOR THE PURPOSES THEREIN MENTIONED. AND D I OATH STATED THAT (HE/SHE) WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT LIVEN UNDER MY HAND AND OFFICIAL SEAL THIS ____ DAY OF T 2D21 NOTARY PUBLIC RESIDING IN MY COMMISSION EXPIRES' STATE OF WASHINGTON SS COUNTY OF KING ( ON THI5 DAY PERSONALLY APPEARED BEFORE ME TO ME KNOWN TO BE THE ______________ THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID INOWDUAL, FOR THE PURPOSES THEREIN MENTIONED AND ON OATH STATED THAT (HE/SIZE) WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT OVEN UNDER MY HAND AND OFFICIAL SEAL THIS ____ DAY OF . 2D21 NOTARY PUBLIC pESIDIKO RN MV COMMSSION EXPIRE ACKNOWLEDGMENTS THE PURPOSE OF THIS PLAT AMENDMENT IS TO REMOVE NOTE NUMBER 5 SHOWN UNDER THE SUBDIWSION NOTES HEADER ON SHEET 2 OF B. MIRROR LAKE HIGHLAND ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 287 OF PLATS, PAGES a-11, RECORDS O KING COUNTY WASHINGTON STATE OF WASHINGTON I SS COUNTY OF KING ON THIS DAY PERSONALLY APPEARED BEFORE ME OF ____ _ THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION FOR THE PURPOSES THEREIN MENTIONED AND ON OATH STATED THAT THEY WERE AUTHORIZED TO EXECUTE SAID INSTRUMENT GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS ____ DAY OF 20____ NOTARY PUBLIC RESIDING IN__ MY COMMISSION STATE OF WASHINGTON SS COUNTY OF KING I ON THIS DAY PERSONALLY APPEARED BEFORE ME ____________ OF _______________ THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION FOR THE PURPOSES THEREIN MENTIONED AND ON OATH STATED THAT THEY WERE AUTHORIZED TO EXECUTE SAID INSTRUMENT GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS ____ DAY OF ------_____, 20____ NOTARY PUBLIC RESIDING III MY COMMISSION EXPIRES: STATE OF WASHINGTON $S COUNTY OF KING ON THIS DAY PERSONALLY APPEARED BEFORE ME _____________ _ ____ OF _ _ THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION FOR THE PURPOSES THEREIN MENTIONED AND ON OATH STATED THAT THEY WERE AUTHORIZED TO EXECUTE SAID INSTRUMENT. LIVEN UNDER MY HAND AND OFFICIAL SEAL THIS ---- DAY OF -----------, 20____ NOTARY PUBLIC RESIDING IN — MY COMMISSION Exhibit B Pg2of10 CITY OF FEDERAL WAY FILE NO INDEX DATA: SW 1/4 OF THE NE 1/4 OF SECTION 7. T; FN, R4•C W.M, KING COUNTY, WA MIRROR LAKE HIGHLAND BILL MCCAFFREY 604 312TH ST SW FEDERAL WAY WA D.WIFTED: -�' MCCAW-170817, PLATAMENDMENT intormed land survey uA)r ,X `-, WA TeOMw, WA 481150/77 Pt; 253 etl M1 . �I'N�«A• o,,vc>s. al,rdMWTkwvpr= SHT. 2 OF 10 . rq MIRROR LAKE HIGHLAND THE PURPOSE OF THIS PLAT AMENDMENT 15 TO REMOVE NOTE NUMBER 5 SHOWN PLAT AMENDMENT UNDER THE SOBDIV NOTES HEADER ON SHEET 2 OF B, MIRROR LAKE HIGHLAND ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 287 OF SW 114 OF THE NE 114 OF SECTION 7, T21 N, R 4E, W M PLATS, PALES <-I1, RECORDS O KING COUNTY AGES GTON, CITY OF FEDERAL WAY, KING COUNTY, WA APPROVALS DEPARTMENT OF PUBLIC WORKS EXAMINED AND APPROVED THIS DAY OF - DEPUTY DIRECTOR DF PUBLIC WORKS DA EXAMINED AND APPROVED THIS _DAY OF . 20_ DEPARTMENT OF COMMUNITY DEVELOPMENT EXAMINED AND APPROVED THIS DAY OF 20_ DIRECTOR OF COMMUNITY DEVELOPMENT DATE FEDERAL WAY CITY COUNCIL EXAMINED AND APPROVED THIS DAY OF 20_ MAYOR DATE CITY CLERK DATE KING COUNTY FINANCE DIVISION CERTIFICA TE I HEREBY CERTIFY THAT ALL PROPERTY TAXES ARE PAID, THAT THERE ARE NO DELINQUENT SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION AND THAT ALL SPECIAL ASSESSMENTS CERTIFIED TO THIS OFFICE FOR COLLECTION ON ANY OF THE PROPERTY HEREIN CONTAINED, DEDICATED AS STREETS, ALLEYS OR FOR ANY OTHER PUBLIC USE, ARE PAID IN FULL THIS_ DAY OF . 20— MANAGER, FINANCE DIVISION DEPUTY KING COUNTY DEPARTMENT OF.AS ESSMENTS EXAMINED AND APPROVED THIS -DAY OF 20_ KING COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR ACCOUNT NUMBER RECORDING CERTIFICATE RECORDING NO. FILED FOR RECORD THIS DAY OF , 20_ IN BOOKOF PLATS AT PAGEAT THE REOUEST OF MIRROR LAKE HIGHLAND, LLC MANAGER SUPERINTENDENT OF RECORDS Exhibit B Pg3of10 CITY OF FEDERAL WAY FILE NO Informed land survey INDEXDATA: SW I•�� OFTHE NE IAOFSECTION 7. T21N Reif. W.M., KING OUNTT', WA SHT 7 T—,WA 9&150177 MIRROR LAKE HIGHLAND BILL MCCAFFREY 3 6 emmt, W PA-257b27.20,H 604 312TH ST SW ___, :• Na*WMWVV bre1P y, FEDERAL WAY, VJA OF " 2i , LAF�DS RVEaL'•7JAPPING•dG1YaiR1CT9FI AYOUT "CAtS:}: hI: MCCAW-170817, PLATAMENDMENT 10 MIRROR LADE HIGHLAND PLAT AMENDMENT SW 114 OF THE NE 114 OF SECTION 7, T21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA LEGAL DESCRIPTION(PER TITLE RE PROVIDED STEWART GUARANTEE N C�15 11374.YDATED JJULY TITLE25, 201B)NTY COMPANY, PARCEL A: (9024) THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST OUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST WM, IN KING COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF A PRIVATE ROAD, SAID POINT BEING 198 FEET SOUTH OF THE NORTH LINE OF SAID SUBDIV90N AND 100 FEET WEST OF THE EAST LINE OF SAID SUBDM90N; THENCE SOUTH ALONG THE EAST LINE OF SAID PRIVATE ROAD, A DISTANCE OF 712 FEET; THENCE EAST 100 FEET TO INTERSECT THE EAST LINE OF SAID SUBDIVISION AT A POINT 910 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG THE EAST LINE OF SAID SUBDIVISION TO THE SOUTH LINE OF THE COUNTY ROAD: THENCE WEST 100 FEET TO THE EAST LINE OF A PRIVATE ROAD; THENCE SOUTH ALONG THE EAST LINE OF SAID PRIVATE ROAD TO THE SOUTH LINE OF SAID SUBDiHSION; THENCE WEST 10 FEET TO THE EAST LINE OF THE WEST 220 FEET OF THE EAST HALF OF THE MK5 HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 7; THENCE NORTH ALONG SAID EAST LINE TO A POINT 190 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE EAST 10 FEET TO THE POINT OF BEGINNING; EXCEPT THE NORTH B2 FEET THEREOF; AND EXCEPT COUNTY ROAD (SOUTHWEST 312TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED TO SOPHIE A MCNEIL BY QUIT CLAIM DEED DATED JUNE 16. 2001. RECORDED JUNE 19. 2001 UNDER RECORDING NO 2001061900073B: TOGETHER WITH A PERPETUAL EASEMENT FOR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED LAND: A STRIP OF LAND 20 FEET IN WIDTH LYING 10 FEET ALONG EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7. TOWNSHIP 21 NORTH, RANGE 4 EAST, WM. IN KING COUNTY, WASHINGTCN, FROM WHICH POINT ON THE NORTHWEST CORNER THEREOF BEARS NORTH 8911'19" WEST, A DISTANCE OF 43951 FEET; THENCE SOUTH 0104'50' WEST, 98731 FEET; THENCE SOUTH 6355'D2' EAST, 11034 FEET; THENCE SOUTH OVD4'58- WEST, 14516 FEET 10 THE NORTH MARGIN OF THE COUNTY ROAD KNOWN AS SOUTH 312TH STREET; TOGETHER WITH AN ACCESS EASEMENT AS SET FORTH IN INSTRUMENT RECORDED JUNE 19. 2001 UNDER RECORDING NO 2001061900739; SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON PARCEL B: (9109) THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST DESCRIBED AS FOLLOWS: BEGINNING ON THE EAST LINE OF SAID SUBDIVISION AT A POINT 525W FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH ALONG SAID EAST LINE 17500 FEET; THENCE WEST 100 FEET TO THE EAST LINE OF A PRIVATE ROAD: THENCE NORTH ALONG SAID EAST LINE 175 FEET TO A POINT WEST OF THE POINT OF BEGINNING; THENCE EAST 100 FEET TO THE POINT OF BEGINNING: SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON PARCEL C: (9110) THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 700 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 70 FEET; THENCE WEST 100 FEET; THENCE NORTH 70 FEET; THENCE EAST 100 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON PARCEL D:(9111) THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST GUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST W M. IN KING COUNTY, WASHINGTON. DESCRIBED AS FOLLOWS: BEGINNING AT A PUNT 770 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBOMSION; THENCE SOUTH 140 FEET; THENCE WEST 100 FEET; THENCE NORTH 140 FEET; THENCE EAST 100 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF FEDERAL WAY. COUNTY OF KING PARCEL E: (9114) THAT PORTION OF THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 4 EAST, W M, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A PONT 420 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 105 FEET; THENCE WEST 100 FEET; THENCE NORTH 105 FEET; THENCE EAST IDO FEET TO THE TRUE POINT OF BEGINNING SITUATE IN THE CITY OF FEDERAL WAY, COUNTY OF KING, STATE OF WASHINGTON SUBDIVISION NOTES L� THE PURPOSE OF TH15 PLAT AMENDMENT IS TO REMOVE NOTE NUMBER 5 SHOWN UNDER THE SUBDIVISION NOTES HEADER ON SHEET 2 OF B, MIRROR LAKE HIGHLAND ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 287 OF PLATS, PAGES 4-11. RECORDS OF KING COUNTY WASHINGTON 1) USE OF TRACTS AND LOTS ARE FURTHER DEFINED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS GOVERNING THIS COTTAGE SUBDIVISION, FILED UNDER RECORDING NO,- 2) BUILDINGS ON LOTS 6 THROUGH 16 WILL REQUIRE NFPA 13D AUTOMATIC FIRE SPRINKLER SYSTEMS 3) THIS SUBDIVISION CONTAINS 1 05 ACRES ±, PRIOR TO CREATION OF ANY LOTS, TRACTS, OR OTHER DEDICATIONS 4) THE MIRROR LAKE HIGHLAND PLAT IS A C011RUE 1DlL'S+NG DEMONSTRATION PROJECT AUTHORIZED BY THE FEDERAL WAY CITY COUNCIL AS THIS IS A QCMUW$TRATION Pfl ECT, SEVERAL OF THE RS 7.2 ZONING STANDARDS ARE UNIQUE TO THE COTTAGE HOUSING DEVELOPMENT THE INDIVIDUAL LOTS SHALL BE DEVELOPED IN GENERAL CWPLIANCE WITH BUILDING SETBACKS, LOT COVERAGE AND FACADE DESIGN AS DEPICTED ON THE FOLLOWNG PRELIMINARY PLANS: MIRROR LAKE HIGHLAND COTTAGE HOUSING REO'D AREAS AND SITE COVERAGE DATA, SHEET A-18, AND PRELIMINARY ELEVATION DESIGNS SHEETS A-4-A-11 BY THE WJM STUDIO. DATE 12/21/2007. ON FILE WITH THE CITY OF FEDERAL WAY UNDER FILE NO 10-10419E-SU. SECTION DETAIL [GK A : • SIX ]Olaf 51 .L47 auFN :: N•:: r;r A1E yF eeI AM' :• Itvlip af7-]CNi L4g0B O = III I Q (� a a a u 2LOCATION Zt RWKRV row B7ASS W fgNO� OYIC. a SW CAP N SW 3t 11IS, 51 AIN J12M SF AND & 7 ISF A1E SW Rs E0 eTx AH.sr F-N-2A.T7 N 6N5T3l- N ]63A6]' A,r]amr II1RNOi LNN w PO BOX 5137 Tero wAA.,50,37 11 MIRROR LAKE HIGHLAND PhrNNe:�7,3f]➢ �prvl�wNNsn'I�Ymm W.wwnlMr�r • sn Exhibit B Pg4of10 CITY OF FEDERAL WAY FILE NO INOE)(DATA: SW 114 OF THE NE 114 OF SECTION 7, 721N,D4E. WI,M., KING COUNTY, WA BILL MCCAFFREY 604 312TH ST SW FEDERAL WAY. WA SHT. 4 OF 10 MCCAW-170817, PLAT AMENDMENT !MIRROR LAKE HIGHLAND PLAT AMENDMENT SW 114 OF THE NE 114 OF SECTION 7, T21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA TRACT NOTES TRACT A: INGRESS, EGRESS, PARKING, GARAGES. DRAINAGE FACILITIES. UTILITIES, OPEN SPACE AND COMMONS BUILDING TRACT IS ESTABLISHED FOR THE BENEFIT OF THE OWNERS OF LOT I THROUGH 16 ALL CONVEYANCES OF LOTS IN THIS PUT MUST CONTAIN A 1/16 JOINT OWNERSHIP INTEREST IN TRACT A FOR OWNERSHIP AND MAINTENANCE PURPOSES THE COST OF MAINTENANCE, REPAIRS, OR RECONSTRUCTION OF THESE ELEMENTS USED IN COMMON SHALL BE BORNE IN EQUAL SHARES TRACT A SHALL NOT BE FURTHER SUBDMDED, MAY NOT BE DEVELOPED WITH ANY ADDITIONAL BUILDINGS OR OTHER STRUCTURES EXCEPT AS MAY BE APPROVED BY THE CITY FOR RECREATIONAL PURPOSES ONLY FOR THE BENEFIT OF THE HOMEOWNERS, AND MAY NOT BE USED FOR FINANCIAL GAIN THE COVENANTS HEREIN SHALL RUN WITH THE LAND AND SHALL FOREVER BE BINDING UPON ALL PARTIES. THEIR HEIRS, SUCCESSORS AND ASSIGNS PERVIOUS ASPHALT DRIVEWAY IS A KEY COMPONENT OF THE DRAINAGE SYSTEM AND MUST BE REGULARLY MAINTAINED PER THE MAINTENANCE REQUIREMENTS OUTLINE IN THE DECLARATION OF COVENANT FOR MAINTENANCE AND INSPECTION OF FLOW CONTROL BMP'S. RECORDING /20190128000062 AND THE CChRS. RECORDING H2O19012800006D THE CITY SHALL HAVE THE RIGHT TO ENTER. INSPECT, AND REPAIR THE PERVIOUS PAVEMENT. AT THE EXPENSE OF THE OWNERS. IF THE PAVEMENT IS NOT MAINTAINED IN A FUNCTIONING MANNER APPROVAL FROM THE CITY OF FEDERAL WAY PUBLIC WORKS DIRECTOR MUST BE OBTANED PRIOR TO REMOVAL OF THE PERVIOUS PAVEMENT TWO SEPARATE "EASEMENT AREAS -ARE DEFINED WITHIN TRACT A TO DESIGNATE THE SPECIFIC USES ALLOWED IN EACH AREA THESE EASEMENT AREAS ARE SUBJECT TO ALL CONDITIONS STATED ABOVE EASEMENT 'A OF TRACT A— ALLOWS INGRESS. EGRESS, UTILITIES, DRAINAGE FACILITIES. POROUS ASPHALT ROADS. OPEN PARKING AND ENCLOSED GARAGE USES WHEN NECESSARY TO REPAIR, RECONSTRUCT, OR MAINTAIN THESE ELEMENTS THE PROPERTY OWNERS SHALL HAVE A RIGHT OF ENTRY FOR THAT PURPOSE THE PRIVATE ACCESS AND UTILITY PORTION OF THE AREA SHALL REMAIN OPEN AND UNOBSTRUCTED AT ALL TIMES FOR EMERGENCY AND PUBLIC SERVICES VEHICLES THERE WILL BE A MAXIMUM OF 5 GARAGES CONTAINING 14 INTERIOR PARKING SPACES THERE WILL BE A MAXIMUM OF 16 EXTERIOR PARKING SPACES. EASEMENT 'B' OF TRACT A— ALLOWS OPEN SPACE, OPEN SPACE AMENITIES. UTILITIES, DRAINAGE FACILITIES, AND A 580 SQUARE FOOT COMMONS BUILDING WHEN NECESSARY TO REPAIR, RECONSTRUCT, OR MAINTAIN THESE ELEMENTS THE PROPERTY OWNERS SHALL HAVE A RIGHT OF ENTRY FOR THAT PURPOSE THE OPEN SPACE TRACT IS TO BE OWNED IN COMMON AND MAINTAINED BY PROPERTY OWNERS OF LOTS 1-16, AND REMOVAL OR GS RJe6AMlO£ CF VEGCTAIIQN MW LANDSCAPINQ WITHIN THIS TRACT SHALL BE PROW@1TED EXCEPT AS M rSSART FOR Mt'TITEKAIItE OR REPLACEMENT OF EXISTING PLANTINGS AND AS APPROVED BY THE 'CITY DEPARTMENT OF COMMUNITY DEVELOPMENT TRACTS B THROUGH E TRACTS B THROUGH E ARE RAIN GARDEN TRACTS, RAIN GARDENS ARE A KEY COMPONENT OF THE DRAINAGE SYSTEM AND MUST BE REGULARLY MAINTAINED PER THE MAINTENANCE AND INSPECTION OF FLOW CONTROL BMP"S, RECORDING #20190128000062 AND THE CC&R'S, RECORDING 020190128000060 ALL CONVEYANCES OF LOTS IN THIS PLAT MUST CONTAIN A 1/IE ,TMNT OWYILMSI-N WTERFST N TRACTS B THROUGH E FOR OWNERSHIP AND MAINTENANCE M0101..aE5- THE COST OF MAINTENANCE. REPAIRS OR RECONSTRUCTION OF THAT PORTION OF THE STORM SYSTEM USED IN COMMON SHALL BE BORNE IN EOUAL SHARES AND WHEN NECESSARY TO REPAIR, CLEAN OR RECONSTRUCT THE STORM SYSTEM, THE OWNERS SHALL HAVE THE RIGHT OF ENTRY FOR THAT PURPOSE THE CITY SHALL HAVE THESE SAME RIGHTS TO ENTER AND REPAIR THE RAINGARDENS. AT THE EXPENSE OF THE OWNERS. IF THE MI NGAROENS ARE NOT MAINTAINED IN A FUNCTIONING MANNER THE REMOVAL OR DISTURBANCE OF VEGETATION AND LANDSCAPING WITHIN THESE TRACTS, EXCEPT AS NECESSARY FOR MAINTENANCE OR REPLACEMENT OF EXISTING PLANTINGS AND AS APPROVED BY THE CITY, IS PROHIBITED TRACT X TRACT X 15 A PRIVATE INGRESS/EGRESS AND UTILITY TRACT ALL CONVEYANCES OF LOTS IN THIS PUT MUST CONTAIN A 1/15 JOINT OWNERSHIP INTEREST IN TRACT X FOR OWNERSHIP AND MAINTENANCE PURPOSES. THE COST OF MAINTENANCE, REPAIRS, OR RECONSTRUCTION OF THESE ELEMENTS USED IN COMMON SHALL BE BORNE IN EQUAL SHARES PER RECORDING M 2019012B000Ofi1 OWNERS HEREBY COVENANTS MO AGREES, FOR ITSELF, ITS SUCCESSORS, GRANTEES, AND ASSIGNS. TO DEDICATE TRACT 'X" TO THE CITY OF FEDERAL WAY FOR RIGHT—OF—WAY AND STREET PURPOSES AT SUCH TIME AS THE CITY DETERMINES IN ITS DISCRETION THAT TRACT it" IS NEED FOR THESE PURP05ES A STATUTORY WMRMTY DEED IN A FORM ACCEPTABLE TO THE CITY AND CONVEYING TRACT 'X TO THE CITY SHALL BE EXECUTED BY THE GRANTOR, ITS SUCCESSORS. GRANTEES, OR ASSIGNS, AND SHALL BE DELIVERED TO THE CITY UPON DEMAND - 1111 [)I I I IL'E) idI IL) SUI vI-y PO BOA 5137 T—, WA 991150137 Ph— 253-627.2070 ,w.MTRiLarldsNuley.mm IYATP iMEw11lI'Sl3R1 EASEMENTS AND EXCEPTIONS THE PURPOSE OF THIS PLAT AMENDMENT IS TO REMOVE NOTE NUMBER 5 SHOWN UNDER THE SUBDIVISION NOTES HEADER ON SHEET 2 OF B. MIRROR LAKE HIGHLAND ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 287 OF PLATS, PAGES 4-11, RECORDS OF KING COUNTY WASHINGTON 1 EASEMENT GRANTED TO PACIFIC NORTHWEST BELL TELEPHONE COMPANY, A WASHINGTON CORPORATION, AS MORE FULLY SET FORTH IN THE DOCUMENT RECORDED AS INSTRUMENT NO. 5322087 (NOT SHOWN ON SURVEY, BLANKET IN NATURE) 2 EASEMENT AND THE TERMS AND CONDI TIGNS THEREOF GRANTEE: LAKEHAVEN SEWER DISTRICT, A MUNICIPAL CORPORATION PURPOSE: SEWER MAINS AREA AFFECTED: A PORTION OF PARCEL A OF A PORTION OF SAID PREMISES RECORDED: JUNE 14, 197B RECORDING NO 7806140899 (NOT SHOWN ON SURVEY, ADJACENT TO LAKE) 3 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: LAKE ACCESS AREA AFFECTED: A PORTION OF PARCEL A OF A PORTION OF SAID PREMISES RECORDING NO 2DO10619DG0739 (NOT SHOWN ON SURVEY, EASEMENT 15 SOUTH OF SW 312TH ST) 4 SELLERS NOTICE OF ON —SITE SEWAGE SYSTEM OPERATION AND MAINTENANCE REQUIREMENTS IMPOSED BY INSTRUMENT RECORDED. UNDER RECORDING NO 20115D211001839 (COVERS: PARCEL A) (NOT SHOWN ON SURVEY, AFFECTS PARCEL A) 5 MEMORANDUM OF AGREEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDED: APRIL 12, 2DO7 RECORDING NO. 20070412000601 REGARDING: BOUNDARY LINE ADJUSTMENTS (NOT SHOWN ON SURVEY, AFFECTS PARCELS A,B,C, AND D) 6 QUITCLAIM DEEDS CLEARING TITLE RE ACCESS RIGHTS AND THE TERMS AND CONDITIONS THEREOF RECORDED: APRIL 12, 2007 RECORDING NO 2DD70412000502, 20070412000003 AND 2DO70412000604. REGARDING: DENIES RIGHTS OF ACCESS AND EASEMENTS AS STATED HEREIN (NOT SHOWN ON SURVEY, AFFECTS PARCEL A) 7 LACK OF A RECORDED MEANS OF INGRESS AND EGRESS TO A PUBLIC ROAD FROM THE LAND (COVERS: PARCELS B. C. D AND E) (CANT BE SHOWN ON SURVEY) 8 EASEMENT AGREEMENTS AND THE TERMS AND CONDITIONS THEREOF RECORDED: NOVEMBER B, 2007 RECORDING NOS: 20071108001180, 20071106001181, 20071108DD1182, 20071108001183. 20071IOBD01184, 20071108001185, AND 2007110BOO11H REGARDING: USE OF THE WESTERLY PORTION OF PARCEL A (SHOWN ON SURVEY, AFFECTS PARCELS A,B,C.D, AND E 9 EASEMENT GRANTED TO PUGET SOUND ENERGY INC. A WASHINGTON CORPORATION, AS MORE FULLY SET FORTH IN THE DOCUMENT RECORDED AS INSTRUMENT NO, 2DII0421OGD244 (NOT SHOWN ON SURVEY, EASEMENT IS 10 FEET IN WIDTH BEING 5 FEET ON EACH SIDE OF THE CONSTRUCTED LINE) Exhibit B Pg5of10 CITY OF FEDERAL WAY FILE NO INDEX DATA: SW 1/4 OFTHE NE 1/4 OF SECTION 7, T21 N, R4E, W KING COUNTY, WA r T. MIRROR LAKE HIGHLAND BILL MCCAFFREY 5 604 312TH ST SW FEDERAL WAY. WA OF FTEl?.W :,YE!'tiH!FiY MCCAW-170817, PLAT AMENDMENT 1 F'A?Ar'JB?] -IfIA l:A l.�rf.1W.}7Cl4Ti LINE TABLE MIRROR LAKE HIGHLAND THE PURPOSE OF THIS PLAT AMENDMENT IS TO REMOVE NOTE NUMBER 5 SHOWN UNDER THE SNOTES HEADER PLAT AMENDMENT OF 8, MIRROR ON SHEET 2 OF 6, MIRROR LANE HIGHLAND ACCORDING TO THE PLAT THEREOF RECORO11 IN VOLUME SW 114 OF THE NE 114 OF SECTION 7, T21 N, R 4E, W.M. NOF G PLATS, PAGES 4-11, RECORDS OF KING COUNTY WASHINGTON CITY OF FEDERAL WAY, KING COUNTY, WA ADDRESSES LOT d ADDRESS 1 31116 - 6TH LANE SOUTHWEST 2 31114 - 6TH LANE SOUTHWEST 3 31110 - 6TH LANE SOUTHWEST 4 311D6 - 6TH LANE SOUTHWEST 5 31100 - 6TH LANE SOUTHWEST 6 31024 - 6TH LANE SOUTHWEST 7 31U1B - 6TH LANE SOUTHWEST 8 31014 - 6TH LANE SOUTHWEST 9 31008 - 6TH LANE SWTHWE57 10 30926 - 6TH LANE SOUTHWEST 11 30922 - 6TH LANE SOUTHWEST 12 3D914 - 6TH LANE SOUTHWEST 13 3091D - 6TH LANE SOUTHWEST 14 30913 - 6TH LANE SOUTHWEST 15 30921 - 6TH LANE SOUTHWEST 16 30925 - 6TH LANE SOUTHWEST LEGEND • SET REBAR h CAP EMW LS #44651 BASIS OF BEARINGS WASHINGTON STATE PLANE, NORTH ZONE, NAD 8J/91 BASED ON MONUMENTS FOUND ON SW J127H ST AT INTERSECTIONS Or BTH ON h IST AVE BEARING N 89T18'02- W. REFERENCES 5 D' EASEMENT I 20071 1 080011 1) ROS BY AHR, AFN 94U6270305 2) PLAT OF HOWELL ADDITION, AFN 252236 3) ROS BY STEPAN h ASSC„ INC., AFN 8504230132 4) ROS BY ASSOCIATES LAND SURVEYING, AFN 200012145005 CURVE TABLE [ fE AE3•`4�!>•nlal: JmtlaIBFmm `ilF•]A�L7.RHF7CA'1��CL`3':HlS."41:iI)�YF.HL:I �0029m rt3x�y m��aiE TRACT TABLE TRACT CE9cRI N 50WARE `EET � A PRNATE INCRE55 . GRESS, ITNTIE5. PARKING DRIA:E FAyI ES, GARAGES..QPEN SPACE, C9MAN)Y d'JIFT7ING, ❑PEN SPACE AMENITIES 35,512 Mp NGARDEN 17 c COMWEIN auNG EN ,3 D AIMON ILAROEN 1 N Nw4RDEN 71 k FUTURE DE9ICAT10N AS PUBLIC PCHT OF WAY 33A 1 101L TU ARE A3.B57 NO P3.ATAREA 36.7R9 CROSS irLAT AREA 80.597 OPEN SPACE 8.000 Sr. OF OPEN SPACE REWIRED 11,I015 5.1. (EASEMENT AREA '8'. SEE TRACT A' NOTES) +,)J4 SF (TRACT 8) +1,370 SF (TRACT C) + 791 S.F. (TRACT D) sr emAcrn 3r.lO9 16.019 S.F. (TOTAL OPEN SPACE) -4 FOUND BRASSIE 6 GRAPHIC SCALE SW 312TH ST @ BIT. AVE`SW 0 10 20 40 i' . 20 FEET MATCH LINE SHEET 5 L29 LI N BB'54'35' W 37-- : �a'---1 r f a u, LOT 5 Q N EXISTING ; 3 2,2953 SF I o w< GARAGE r w p Qv, � w `�° L J H BS34'37' W 46.11' e in vJ ; LOT 4 18 W L25J 6099t Si - 3 W~ p x I I o `aid?a4N a „m'j I LOT 3 a of 2,"0 SF I 9.27' 3, ,r y 42'". 5 W5C35- E 83.26' TRACT B ,7343 SF - N 8i54:S- W 41 76• N 8EI'y4'3S" M 41 5D' B 3' X Qn ' LOT ) CRESIDENCE 2,6402 SF5.GO.1NGRESS.E'RESS EASEMENT 2,57]t 4 I � � 2A 5, — L � A.SL'• $ L` C: R a T17 f _ �9gy.764�09 3 'ROB' _ SW 312TH STREET R/W FOR 312TH STREET SHOWN PER R/W SURVEY MAP A'7-21-4-1 PLOD' — — — — — — — — — — - - S BB'57'33' E 2633 63' Exhibit B Pg6of10 FOUND 8RA crow o sx AVE 31:TA 5 SW 1974 97' WS ) D20C] CITY OF FEDERAL WAY rlLE NO_ meld land survey WOEXOATA: SW 1/4 OF THE NE 1/4 OF SECTION 7, T21N, R4E, W.M., KING OWNTY. WA P0Bor51 Tam'na, WA A 98175-0137 MIRROR LAKE HIGHLAND BILL MCCAEFAEY Ph-25JM7.p70 604 312TH ST SW W,�AIrIn FEDERAL WAY, WA Yr•..r ca•.nrUR Rru .:,s G+1£FKEl1.fH' SHT 6 OF 10 DATE- IS24.2 n°I �( MCCAW-170817, PLATAMENDMENT LINE TABLE MIRROR LAKE HIGHLAND PLAT AMENDMENT SW 114 OF THE NE 114 OF SECTION 7, T 21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA MATCH LINE SHEET 6 BASIS OF BEARINGS WASHRV TON STATE MANE. NORTH ZONE, NAD 83/91 8ASED ON MONUMENTS FOUND ON SW 55' EA' 312TH ST AT INTERSECTIONS OF 8TH AVE & 20071 1ST AVE BEARING N 89W'02' W. REFERENCES 1) ROS BY AHR, AFN 9406270305 2) PLAT OF HOWELL ADDITION, AFN 252236 3) FOS BY STEPAN k ASSC. INC. AFN 850/230132 4) ROS BY ASSOCIATES LAND SURVEYING, AFN 200012145DO5 LEGEND SET REBAR h CAP EMW LS #44651 CURVE TABLE l7R21�F1I3�]IE><n�tYAllflll m ®!1311iQr.��LSEL917citC7T�AHq�•�ES$1•� TRACT TABLE Ad OE,C'MPTION SCIUARE FEET A PAWATE INORF59/E6RESS,UTIVK5, PARING ORMAGE FACIL[ryCS.GARAGES,. OPEN SPACE, L:CmvD r alliLDIKIC. OPEN SPACE AMCNITI&S 35,512 E (:aMMON FANIGAIMEN 1.734 C C.)MMON RAIN pEAt 1,3711 0 100IMMON RAVJ EN2B f 01,IMON PANJ 1,T X. L♦TLIRC ULGR.ATION A% PUBLIC RIGHT Or WAY M41 TOTAL TRACT AREA 4Z.057 NET PLAT ARE 16.740 CRG-g 'A A 80.5rw GRAPHIC SCALE 0 10 20 40 - = 20 FEET IIIIUI IIiGU kill lU bul Vt HR2I P08.5137 c FAGOT. WA WTJZ 137 Phase: 253827-2070 AmFAI(7wR�MrleymD • L� A 1 LAYD iURVEF71:u-MA?^InD • E.7'ISTR;Y_'Tf3V LA'i UIJT 50' EASEMENT, 20071108001 THE PURPOSE OF THIS PLAT AMENDMENT 15 TO REMOVE NOTE NUMBER 5 SHOWN UNDER THE SUBDINSION NOTES HEADER ON SHEET 2 OF B, MIRROR LAKE HIGHLAND ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 28] OF PLATS, PAGES 4-11. RECORDS OF KING COUNTY WASHINGTON FUTURE n GARAGE R �Lu J 3 to 3 FIRE DEPT. EASEMENT A TURN -AROUND (SEE SHEET 3. 3 N to TRACT A NOTES) L41 FUTURE GARAGE s e6' 35 F 09 OLD LOT LINE (TYP) LAy EXISTING7 � LOT 9 18 GARAGE ,. 2,1723 SF III �« Za � � Inn E3B rd 5 Ee'y4'JS" E 15-ap' L36 TRACT D AC D14 Si bA9' 1 M 860�'35_W 44.10' OLD LOT LINE (TYP) I LOT 8 IS < - I,8893 SF m y> a w t 53 00_ I LOT 7 I 3 a L35 o 1.9333 SF Jf •J� � — '7✓. _ r — of EXISTING 3I LOT 6 3 GARAGE n P 2,IBB3 SF I �N 9 I\ I Lw `` Exhibit B — 3675.35 E 3626 n� Pg 7 of 10 EXISTING COMMON F� TRACT C �R o f BUILDING 1,3703 SF _ OLD LOT LINE (TYP ) MIRROR LAKE HIGHLAND CITY OF FEDERAL WAY FILE NO INOEYOATA: SW 114 OF THE NE 114 OFSECTION 7, T21N, R4E, W.M., KING COUNTY, WA 604 312TH ST SW MCCAW-170817, PLAT AMENDMENT 7 OF 10 LINE TABLE MIRROR LAKE HIGHLAND HE PURPOSE OF THIS PLAT AMENDMENT IS TO REMOVE NOTE NUMBER 5 SHOWN UNDER THE SUBDIVISION NOTES HEADER PLAT AMENDMENT 0, MIRROR ON SHEET 2 OF B, MIRROR LANE HIGHLAND ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME OF SW 114 OF THE NE 114 OF SECTION 7, T 21 N, R 4E, W.M. F PLATS. PAGES A-11, RECORDS OF HIND COUNTY WASHINCTON CITY OF FEDERAL WAY, KING COUNTY, WA BASIS OF BEARINGS WASHINGTCIN STATE PLANE. NORTH ZONE, MAD 83/91 BASED ON MONUMENTS FOUND ON SW J12 TH ST AT INTERSECTIONS OF BTH Alt h IST AW BEARING N 8917B'02" W. 117I REFERENCES 1) ROS BY AHR, AFN 9A06270305 2) PLAT OF HOWELL ADDITION, AFN 252236 3) ROS BY STEPAN k ASSC. INC. AFN 85D4230132 Y) ROS BY ASSOCIATES LAND SURVEYING, AFN 200012145005 LEGEND I SET REBAR & CAP EMW LS I44651 CURVE TABLE LSIL'�LSY31@9121 '.? I.AYC1'7'1A�Crl•.31eLi:rr.N1 IA�S�lC'J TRACT TABLE 1RACT I DEScRIPTI(HY Sww FAST f A PRWATE IN5 EGRESS,IITILITIES. PAR PING SRAtnAGE EACCL17LESI GARAGES. OPN SPACE, c CIM WV4 BUILIIMC, OPEN SPACE RMEXFFIES 35.512 CIOMMON HAANCORDEN 1,7:4 COMMON r4AiNdAftEw IJ70 0 C0 MON RAINLARCEN 7g1 Y RAING ROEN 1,1G9 x UTLIRE KUCAIMN AS PUBLIC EMCHT LIE WAY 3_141 10TAL TRACT mEm 43.5$7 NET PLRT ARE 36.74B GRCSS PLAT ARE 80 "7 4 GRAPHIC SCALE 0 10 20 40 20 FEET informed land survE � V, If f PO BOX 5137 Temrre, WAWl5-0137 Phone: 257£27-2070 Ra�:l�>.n�r�.r�olll LI-14 i•VVr•� 74 7i I A!1n=1 Mwi' %,IYlT trlh MI.-Plw. •nYSIRm-rai LAYOUT 1111 88'47'52" E T60.0LT SB.�S' 71,25' 2 DO' EASEMENT AI'I( I 20071 1 08001 1" LOT 14 '.a I LOT 13 I N I3,B<03 S< I - I 1,970E 5F i' K�A'15" E. .6 17 a m LOT 12 18 h- a1 Z t< _ I 1.9762 SF n U ry W = WNW :eja I Hn I a._� s 1 LOT 11 S I R I 2.286f V I + LOT 15 OLD LOT LINE (TYP) 2,928E SF ' I I 5 6C3A'26• E ee is' � L Dsr cl-M! Lxr 4TRACT E X pd'S4',}S' W 52.C7 !j 1,109E SF _ $ I LOT 16 ~� � " I 2.D56f SF I ^ � x — Exhibit B AFN 2007110000L " L J I Pg 8 of 10 V N yr_r'Sr w s2.00' .IL39 LOT 10 18 E._ L� 0 I 2.295E SF EASEMENT A ^ (SEE SHEET 3. I 1. TRACT A NOTES) MATCH LINE SHEET 5 CITY OF FEDERAL WAY FILE NO INDEX DATA: SW T:: OFTHE NE 114 OFSECTION 7, TI IN, VE, W.M , KING COUNTY, WA MIRROR LAKE HIGHLAND BILL MCCAFFREY 604 312TH ST SW FEDERAL WAY WA Eo _1. PLAT AMENDMENT F F: 2�_'I :aIINrI_AI��.aL�,'-::�.,�:' MCCAW-170817, SHT, 8 OF rl7 MIRROR LAKE HIGHLAND PLAT AMENDMENT SW 114 OF THE NE 114 OF SECTION 7, T 21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA MATCH LINE I ,3.ee'I Im 1 I: I I LOT 7 f I I I 1 I I rI I ml I i LOT 6 I I 30.0 50 1 I I ITRACT C I a I I w I a j it _ LOT 5 I s mlI I I I I I I I LOT 4 9.o F— i ! LAB' I �I �I I I al �I I LOT 3 zl 5 I m i:r TRACT B i x I u R.3e' LOT 1! LOT 2 1 51 I 51 o -1 I-- 100 —� ,o.o— J i-- 50' .., UTILITY ES MT I LAKEHAVEN WATER AND SEWER DISTRICT NOTE AN EASEMENT IS HEREBY IRREVOCABLY RESERVED FOR AND GRANTED TO LAKEHAVEN UTILITY DISTRICT AND ITS AGENTS. SUCCESSMS AND ASSIGNS FOR SO LONG AS IT SHALL DWN AND MAINTAIN THE UTILITIES REFERENCED HEREIN UNDER AND UPON THE AREA SHOWN ON THE PLAT AND DESCRIBED HEREIN AS "WATERLINE EASEMENT' (WLE) AND "SANITARY SEWER CASEMENT- (SSE) TO INSTALL, MAINTAIN, REPLACE, REPAIR AND OPERATE WATER AND SEWER MAINS AND APPURTENANCES FOR THIS SUEEINSON AND OTHER PROPERTY TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENT AT ALL TIME FOR PURPOSES INCIDENT THERETO NO BUILDING, WALL, ROCKERY, FENCE, TREES OR STRUCTURE OF ANY KIND SHALL BE ERECTED OR PLANTED, NOR SHALL ANY FILL MATERIAL BE PLACED WITHIN THE BOUNDARIES OF SAID EASEMENT AREA NO EXCAVATION SHALL BE MADE WITHIN THREE (3) FEET O SAID WATER OR SERER SERMCE FACILITIES AND THE SURFACE LEVEL OF THE GROUND WITHIN THE EASEMENT AREA SHALL BE MAINTAINED AT THE ELEVATION AS CURRENTLY EXISTING GRANTOR HEREBY AGREES THAT NO WATER AND/ON SEWER SYSTEM FACILITY OR APPURTENANCE OF ANY KIND SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR, OR ANY THIRD PARTY ACTING UNDER AUTHORITY OF GRANTOR, WITHIN OR PROMMATE 70 SAID EASEMENT, UNLESS SUCH INSTALLATION 15 APPROVED BY GRANTEE AND IS IN CONFORMANCE W1TH THE THEN -CURRENT EDITION O THE LHIIERIA FIXH SEWAGE WONNS DESIGN' PUBLISHED BY THE WA5111NGTDN STATE DEPARTMENT OF ECOLOGY GRANTOR HEREBY FURTHER AM ES THAT NO OTHER UTILITY FACILITY OR APPURTENANCE OF ANY KIND. INCLUDING UTILITY SERMCE CONNECTIONS. SHALL BE CONSTRUCTED OR LOCATED BY GRANTOR, OR ANY THIRD PARTY ACTING UNDER AUTHORITY OF GRANTOR, WITHIN THREE FEET (S), MEASURED HORIZONTALLY Fqi PARALLEL ALIGNMENTS. OR WITHIN SIX INCHES (6-), MEASURED VERTICALLY FOR CROSSING OR PERPENDICULAR ALIGNMENTS, OF ANY PORTN'" OF THE GRANTEE'S FACILITIES GRANTOR ADDITIONALLY GRANTS TO THE LAKEHAVEN UTILITY DISTRICT AND ITS AGENTS- SUCCESSORS AND ASSIGNS THE USE OF SUCH ADDITIONAL AREA IMMENATCLY ADJACENT TO SAID EASEMENT AREA AS SHALL BE REWIRED FOR THE CONSTRUCTION, RECONSTRUCTION, MAINTENANCE AND OPERATION OF SAND WATER ON SEWER FACILITIES THE USE OF SUCH ADDITIONAL AREA SHALL BE HELD TO A REASONABLE MINIMUM AND BE RETURNED TO THE CONDITION EXISTING IMMEDIATELY BEFORE THE PROPERTY WAS ENTERED UPON BY THE LAKEHAVEN UTILITY DISTRICT. ITS AGENTS, SUCCESSORS AND ASSIGNS IN ADDITION TO THE OTHER RESTRICTIONS HEREIN GRANTOR SHALL NOT CONVEY TO A THIRD PARTY ANY EASEMENT OR OTHER INTEREST ON RIGHT OF USE ON PROPERTY SUBJECT TO THE EASEMENT THAT WOULD IMPAIR OR LIMIT THE USE OF THE EASEMENT RIGHTS GRANTED HEREIN PO &O 137 T ,WA9&,5-0137 MIRROR LAKE HIGHLAND Phare-2M-W7-2070 MAt,I�'Pi&MwneYmYl THE PURPOSE OF THIS PLAT AMENDMENT 15 TO REMOVE NOTE NUMBER 5 SHOWN UNDER THE SUBDIVISION NOTES HEADER ON SHEET 2 OF B, MIRROR LAKE HIGHLAND ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 287 OF PLATS, PAGES 1-I1, RECORDS OF KING COUNTY WASHINGTON SOT 14 I rr LOT 13 BF i —p a V 99 I LOT 12 I I I LOT 11 ! LOT 15 0 L 1 r$ I 50' ,IQ I TRACT E 9 0' LOT 16 r I , Ems, I I RI I PI N�5-1 LOT 1 0 I I za.SB' J I I I Q I w I I Q I I I In LOT 9 5,0 o I I I I 50' ! I I $ I I I I I L!3s6• � TRACT D Exhibit B LOT 8 Pg 9 of 10 MATCN 0Vr AGRAPNK SCALE 0 15 30 60 I" = JO FEET CITY OF FEDERAL WAY FILE NO INDEX DATA: SW 1/4OFTHE NE 114OFSECTION 7, T21N, R4E, W.M., KING COUNTY, WA SHT RU MCCAFFREY 9 604 312TH ST SW FEDERAL WAY WA OF MCCAW-170817, PLAT AMENDMENT 1 MIRROR LAKE HIGHLA PLAT AMENDMENT SW 114 OF THE NE 114 OF SECTION 7, T 21 N, R 4E, W.M. CITY OF FEDERAL WAY, KING COUNTY, WA MATCH LINE 6 N S LINE TABLE LOTROM S AFffil 7 L3S c N 4]'S4'35" w W 1." .47 1]94' Q �ry � LOT 6 U a TRACT C �jc 1,3]Ot SF OPEN SPACE n u l8-i445' w E LOT 5 - �L LOT 4 VS � BJ LOT 3 _ o H s- s A 35 E 8S 2E OPEN TRACT B c SPACE 1.7343 SF 41 X AI,BO' kllB':A']S" is L, U LOT 2 LOT 1 CURVE TABLE � IiYSE1�F3CiL11f11'�'�`•7�4lAV• � �ml7:5r�•�!?3E1fFttlIt•5uY4 Y' . ND THE PURPOSE OF THIS PLAT AMENDMENT IS TO REMOVE NOTE NUMBER 5 SHOWN UNDER THE SUBDIVISION NOTES HEADER ON SHEET 2 OF B. MIRROR LANE HIGHLAND ACCDRDING TO THE PLAT THEREOF RECORDED IN VOLUME 287 OF PLATS, PAGES 4-11, RECORDS OF KING COUNTY WASHINGTON. LOT 14 LOT 13 3 S a$ya'O5" E aG 12' 9 TRACT A LOT 12 o OPEN SPACE a LOT 11 LOT 15 - S o - 1)' S 'S4'35" E 4a Sa TRACT E Ei1 1,1093 SF w OPEN SPACE 40T 16 g s „S ,5A'a LOT 10 s OPEN SPACE L44 a if1 F- U K i ti 3 LOT 9 z � E3B n S BB'54'Sd• i TRACT 0 u L, ° ,- m Exhibit B 46.15' '�54yf Pg10of10 LOT 8 MATCH LINE _4 CITY CRAP— SCALE O 15 30 BO 1" _ ]O FEET OF FEDERAL WAY FILE NO RESOLUTION NO. 19-748 A RESOLUTION of the City of Federal Way, Washington, approving the Mirror Lake Highland Final Plat, Federal Way, Washington, File No.18-104198-00-SU. WHEREAS, the Federal Way City Council in 2006 adopted a Cottage Housing ordinance that authorized cottage housing projects on a demonstration project basis; and WHEREAS, the 16-unit cottage housing project known as Mirror Lake Highland Cottages, designed by owner William J. McCaffrey, was selected by the Cottage Housing Selection Committee to advance forward as a demonstration cottage housing project subject to certain conditions; and WHEREAS, on September 26, 2008, the Federal Way Hearing Examiner conducted a public hearing on the Mirror Lake Highland Preliminary Plat application resulting in the report and recommendation of the Federal Way Hearing Examiner, dated October 10, 2008; and WHEREAS, the Mirror Lake Highland Preliminary Plat, City of Federal Way File No. 07-106874-00-SU, was approved subject to conditions on November 4, 2008, by Federal Way City Council Resolution No. 08-535, which adopted the Hearing Examiner's findings and conclusions subject to revisions identified as Exhibit B Corrections to the Staff Report Entered into the Record on September 26, 2008; and WHEREAS, prior to the expiration of the preliminary plat approval, the Community Development Department approved extensions to the preliminary plat approval, dated August 8, 2014 and November 3, 2017; and WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 08-535 and the conditions of the plat approval extensions; and Exhibit C Pg 1 of 5 Resolution No. 19-748 Page I of 5 WHEREAS, the City of Federal Way's Community Development Department and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and final plat decisional criteria, and their analysis and conclusions are set forth in the Community Development Department Staff Report, dated January 7, 2019, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the City Council Land Use and Transportation Committee reviewed and considered the application and staff report for the Mirror Lake Highland Final Plat during its meeting on January 7, 2019; and WHEREAS, the City Council reviewed and considered the application and staff report for the Mirror Lake Highland Final Plat during the City Council's regular meeting on January 15, 2019. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The Mirror Lake Highland Final Plat, City of Federal Way File No. 18-104198-00- SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. 2. Based on, inter alia, the analysis and conclusions in the staff report, dated January 7, 2019, which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water suppl6shibit C Pg2of5 Resolution No. 19-748 Page 2 of 5 sanitary wastes, parks and recreation, playgrounds, and schools and school grounds as are required by city code, or which are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions listed in Federal Way City Council Resolution No. 08-535, dated November 4, 2008, have been satisfied, and/or satisfaction of the conditions have I been sufficiently guaranteed by the applicant as allowed by the application's vested provisions of Federal Way City Code 20-135. 5. All required improvements for final plat approval have been made, and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all required plat improvements as identified in the Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid, or will be paid, prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1 above, the Mirror Lake Highland Final Plat, City of Federal Way File No. 18-104198- 00-SU, is approved as identified in the January 7, 2019 staff report. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto, as required pursuant to all applicable codes, shall be recorded with the King County Recorder's Office. The applicant shall pay all recording fees. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or Exhibit C Pg3of5 Resolution No. 19-748 Page 3 oj'.i unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section. 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section b. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 15th day of January, 2019. [Signature Page Follows] Exhibit C Pg4of5 Resolution No. 19-748 Page 4 of 5 CITY OF FEDERAL WAY: JI 'ER F.1.1.,. MAYOR ATTEST: STE1 A? IF. COURTNEY, CMC, g1AY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 01/09/2019 PASSED BY THE CITY COUNCIL: 01/15/2019 RESOLUTION NO.: 19-748 Exhibit C Pg5of5 Resolution No. 19-748 Page 5 of 5 1 CITY OF Federal Way Addendum to Determination of Nonsignificance (DNS) 21-102752-SE Name of Proposal: Mirror Lake Highland Cottage Housing Plat Alteration City File: 21-102752-SE (Addendum); 07-106875-SE (DNS) DNS Issued: April 16, 2008 Description of Proposal: Addendum to the April 16, 2008, above -referenced DNS due to the applicant's request to alter the recorded plat to eliminate the affordable housing requirement on Lots 7 and 13. Applicant: Bill McCaffrey, 253-709-8747, bill(a7.thenexusstudio.corn Location: The proposal pertains to the whole Mirror Lake Highland final plat located generally at 604 SW 312`h Street, Federal Way, WA; parcel's 555790-0010; - 0020; -0030; -0040; -0050; -0060; -0070; -0080; -0090; -0100; -0110; -0120; - 0130; -0140; -0150; & -0160 Lead Agency: City of Federal Way Staff Contact: Senior Planner Jim Harris, jim.harris(7cityoffederalway.com 253-350-9283 Description of Addendum This addendum issued per WAC 197-11-625 is required to alter the recorded final plat of Mirror Lake Highland. The city has received an application to eliminate the note on the Mirror Lake Highland plat map that requires affordable housing on Lots 7 and 13. All of the plat infrastructure is constructed, and individual homes have been constructed on all of the lots in Mirror Lake Highland except Lots 7 and 13. No changes to the environment will occur with this proposed action. The only proposed change is to eliminate the affordable housing requirement on the plat for the two remaining lots (numbers 7 and 13). The proposed action to eliminate the affordable housing requirement for Lots 7 and 13 is consistent with the current Federal Way Revised Code (FWRC). On November 4, 2020, the Federal Way City Council via ordinance 20-899 eliminated the previous requirement in FWRC 19.250.150 titled: affordable housing bonus in RS zoning classifications. A DNS was issued on April 16, 2008, for the original preliminary plat proposal and no SEPA mitigation was required. No appeals were submitted to the city on the original DNS. A SEPA addendum is necessary for the proposed alteration of the recorded Mirror Lake Highland final plat. No new or substantially different environmental impacts are anticipated. The proposal will result in two middle -income housing units rather than two affordable housing units, consistent with current FWRC 19.250. NOTE: There is no comment period for this addendum per WAC 197-11-625. Responsible Official: Brian Davis, Community Development Director, 253-835-2612 33325 8ch Avenue South, Federal Way, WA 98003-6325 signature; _ ZFtzl�• Date Issued: J& 20, 2021 1 UP.(,math, SiQ+4edJxly 19. o2l. ar ll:52 _lh! Exhibit D Pg1of1 § 19.250.130 l 19.250.130 Setbacks and building separation. (3) A deed, covenant or title restriction shall be Dwelling units shall have 15-foot front and recorded on the deed/title of affordable dwelling five-foot side and rear yard setback requirements. units. The restriction shall effectively maintain the Dwelling units shall be separated by a ininimum of units as affordable for a period of not less than 15 10 feet, not including projections, as identified in years from initial occupancy. The restriction shall FWRC 19.125.160(4). Dwelling units and acces- be in a form acceptable to the director of commu- sory buildings shall be separated by six feet. nity development. Dwelling units not abutting or oriented towards a (Ord. No. 06-533, § 5(Exh. A), 9-19-06. Code right-of-way shall have a front yard otiente 2001 § 22-923(13).) towards the common open space. The director o community development may use appropriate dis- 9.250.160 Common area maintenance. cretion. consistent with the intent of this chapter, CHDs shall be required to implement a mecha- deterrnining orientation of yards in CHDs. nism, acceptable to the director of community (Ord. No. 06-533, § 5(Exh. A), 9-19-06. Cod development, to ensure the continued care and 2001 § 22-923(11).) maintenance of CHD common areas. A typical 19.250.140 Lot coverage. Lot coverage in CHDs shall not exceed 60 p - cent of gross site area. Lot coverage shall be talc lated for the overall CHD, not for individual lots Paved components of common open space areas and walkways shall not be counted in lot coverage calculations. (Ord. No. 06-533, § 5(Exh. A), 9-19-06, Code 2001 § 22-923(12).) 19.250.150 Affordable housing bonus in RS zoning classifications. In the RS zones, CHDs that include affordable units may exceed the base level of 12, dwelling units up to a total of 16 dwelling units (assuming adequate overall lot size). One-half of all dwelling units over the base level of 12 must be affordable (for example, a total of four additional dwelling units may be permitted if two of these are afford- able). (l ) Affordable cottages shall be sold at a price which is affordable for a two -person household with an annual income equal to or less than 80 per- cent of median income. Affordable CSF units shall be sold at a price which is affordable to a three -per- son household with an annual income equal to or less than 80 percent of median income. The direc- tor of community development shall prepare administrative guidelines for calculation of sale price and determination of income eligibility. (2) Affordable dwelling units shall have the same appearance and utilize the same exterior materials as market rate dwelling units and shall be dispersed throughout the CHD. example would be creation of a home owner's association or condominium association with authority and funding necessary to maintain the common areas. (Ord. No. 06-533. § 5(Exh. A), 9-19-06. Code 2001 § 22-923(14).) 19.250.170 General provisions. (1) CHDs in the RS zones are permitted as sub- divisions, short subdivisions or condominium developments. CHDs in the RM zones are permit- ted as subdivisions, short subdivisions, condomin- ium developments or multifamily developments. (2) A community building, not exceeding 2,000 square feet, may be provided for the residents of the CHD. Roof pitch, architecture, materials and colors shall be similar to that of the dwelling units within the CHD. (3) An existing single-family home incorpo- rated into a CHD that does not meet the require- ments of this chapter is permitted to remain on a site developed for cottage and CSF housing. Mod- ifications or additions to the structure not consis- tent with the provisions of this chapter shall not be permitted. (4) Accessory dwelling units are not permitted in CHDs. (5) CHDs may not utilize the cluster subdivi- sion provisions of FWRC Title 18. (6) For those CHDs processed as formal or short subdivisions, all development standards of this chapter shall be reviewed by the director of community development as a component of the preliminary plat or short plat review process. For all other CHDs the development standards of this chapter- shall be reviewed as a component of pro- Exhibit E Pg 1 of 1 19-408 ORDINANCE NO.20-899 AN ORDINANCE of the City of Federal Way, Washington, relating to updating the zoning and development code; amending FWRC 19.250.030; repealing 19.250.150 (Amending Ordinance No. 06-533 and repealing Ordinance No. 08-580) 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 amend development regulations in Title 19.250 FWRC and Ordinance 08-580 to encourage middle -income housing development in the City of Federal Way providing opportunities for single family housing without requiring relatively large amounts of property; and WHEREAS, Ordinance 08-580 classifies cottage housing as "demonstration projects" and limits such projects to three throughout the City of Federal Way thereby limiting the potential of cottage housing; and WHEREAS, 19.250.030 currently demonstrates that a cottage housing development can support a project up to sixteen units and be compatible with surrounding single-family development; and Exhibit F Pg 1 of 6 Ordinance No. 20-899 Page I of 6 WHEREAS, a recent study conducted by ECONorthwest shows a need for homes available for families making over eighty percent (80%) of the established Area Median Income (AMI) in the City of Federal Way; and WHEREAS, Chapter 19.250.030(1)(b) FWRC inhibits the total number of needed medium income housing units that may be provided in one development; and WHEREAS, increased costs for building single-family units have prevented the development of new single-family units for families earning less than eighty percent (80%) AMI; and WHEREAS, the Planning Commission conducted public discussion of these code amendments on September 2, 2020; and WHEREAS, an Environmental Determination of Non -significance (DNS) was properly issued for the Proposal on August 21, 2020 and no comments or appeals were received and the DNS was finalized on September 25, 2020; and WHEREAS, the Planning Commission properly conducted duly noticed public hearing on these code amendments on September 16, 2020 and forwarded a recommendation of approval to the City Council as follows: (1) To amend FWRC 19.250.030(1)(b) by eliminating the language in this section requiring that two of the units in a sixteen -unit development be affordable per FWRC 19.250.150; (2) To amend FWRC 19.250.150 by eliminating the language of "affordable housing bonus in RS zoning classifications;" Exhibit F Pg2of6 Ordinance No. 20-899 Page 2 of 6 (3) To amend Ordinance 08-580 so cottage housing is not considered a demonstration project and such development is not limited to three such projects in the City of Federal Way; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these proposed code amendments on October 5, 2020, and recommended adoption of the text amendments as recommended by the Planning Commission. 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 providing needed single-family housing within the City of Federal Way. (b) These code and ordinance amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code and ordinance 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 and ordinance amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code and ordinance amendments have followed the proper procedure required under the Federal Way Revised Code. Exhibit F Pg3of6 Ordinance No. 20-899 Page 3 of 6 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: (1) HP8 - Consider the economic impact of all development regulations on the cost of housing. (2) HG3 - Develop a zoning code that provides flexibility to produce innovative housing solutions, does not burden the cost of housing development and maintenance, and diversifies the range of housing types available in the City. (3) HG4 - Proactively plan for and respond to trends in housing demand. (4) HP 14 - Review zoning, subdivision, and development regulations to ensure that they further housing policies, facilitate infill development and don't create unintended barriers. (5) HP20 - Periodically review and update development regulations to incorporate opportunities for new housing types. (6) LUG3.1 - Provide a wide range of housing densities and types in the single- family designated areas. (b) . The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they provide clarification and improve processing of land use actions. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because it encourages more moderate sized and priced housing for middle income home buyers. Exhibit F Pg4of6 Ordinance No. 20-899 Page 4 of 6 Section a. FWRC 19.250.030 is hereby amended to read as follows: CHDs shall be subject to the following development standards in FWRC 19.250.030 through 19.250.170. (1) Cottage housing development size. (a) CHDs are not permitted on sites less than .75 acres in size (a site may be composed of more than one contiguous lot). (b) CHDs shall contain clusters consisting of a minimum of four dwelling units and a maximum of 16 units. in R8 5.0 ' ' fie }� -,; -;� �.I, .�.�,, �� .elli Hip 0. A CHD may be integrated into a larger conventional subdivision. Maximum number of dwelling units is not limited in the RM zoning classifications. Sec"I'or 4. FWRC 19.250.150 is hereby repealed in its entirety. Section 5. Demonstration and limitation of roiects. This ordinance repeals any limitation on the number of cottage housing developments permitted within the City of Federal Way as provided in Section 1 and Section 2 of Ordinance 08-580. Section 6. Seve_rability. 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 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the coz�LectjQ] F Exhibit r Pg5of6 Ordinance No. 20-899 Page 5 of 6 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 4th day of November, 2020. CITY OF FEDERAL WAY: MAYOR ATTEST: STtPf4ANIE COURTNEY, M , CITY CLERK L APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 10/14/2020 PASSED BY THE CITY COUNCIL: 11/04/2020 PUBLISHED: 11/06/2020 EFFECTIVE DATE: 11/11/2020 ORDINANCE NO.: 20-899 Exhibit F Pg6of6 Ordinance No. 20-899 Page 6 of 6 COUNCIL MEETING DATE: October 19, 2021 ITEM #: 5 C . ..... .. ... ... ... ... .. . . .. ...... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHHP) 2022 WORK PLAN AND BUDGET POLICY QUESTION: Should City Council approve the proposed South King Housing and Homelessness (SKHHP) 2022 Work Plan and Budget? COMMITTEE: Parks, Recreation, Human Services, & Public Safety MEETING DATE: October 12, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sarah Brid eford Communi Services Manager. DEPT: Community Development _...................- - g t Attachments: 1. Staff Report 2. SKHHP Resolution No. 2021-03 Options Considered: 1. Approve the proposed SKHHP 2022 Work Plan and Budget 2. Do not approve proposed SKHHP 2022 Work Plan and Budget and provide direction to staff. MAYOR'S RECOM MEE-4DA MAYOR APPROVAL: ion 1. Initial/Date L/ Initial/Date DIRECTOR APPROVAL: Initial/Date Dl2( COMMITTEE RECOMMENDATION: I move to forward the proposed SKHHP 2022 Work Plan and Budget to the October 1qt 2021, consent agenda for approval. 1 �c_�,►t,r.cry % z. u>;p Lnn ►1ST V� 1, L-D4r►�, �cA�n Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed SKHHP 2022 Work Plan and Budget. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _ ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 24, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Brian Davis, Community Development Director Sarah Bridgeford, Community Services Manager SUBJECT: South King Housing and Homelessness Partners (SKHHP) 2022 Work Plan and Budget Financial Impacts: The City incurs costs as a member city of the South King Housing and Homelessness Partners (SKHHP). The costs are associated with the annual fee as presented in the SKHHP 2022 Budget offered for Council consideration. $26,000 was included in the adopted budget. The increase of $3,900, bringing the total to $29,900, for 2022, will be covered by other cost savings at the City, but subsequent years will require a budget increase. Bacl:;pround Information: The South King Housing and Homelessness Partners (SKHHP) was established through an interlocal agreement for governments in South King County to work together and share resources to increase available options for South King County residents for access to affordable housing and to preserve the existing affordable housing stock. In accordance with the Interlocal Agreement, the annual SKHHP work plan and budget must be approved by the legislative body of each member jurisdiction in addition to the SKHHP Executive Board. The SKHHP 2022 work plan and budget included here for Council consideration operationalizes the SKHHP mission and goals and provides an itemization of all categories of budgeted expenses and itemization of each Parry's contribution, including in -kind services. As mentioned above and consistent with the SKHHP Interlocal Agreement, the SKHHP 2022 work plan and budget must be approved by each legislative body and adopted by the SKHHP Executive Board. Work Plan The 2022 work plan builds on work completed in 2020 and 2021 to establish the SKHHP Housing Capital Fund through pooled public resources, increase philanthropic and corporate investment through creation of a SKHHP 501(c)(3) fundraising branch, and establish a SKHHP Advisory Board made up of community members that will help to ground SKHHP decision in community needs and interests. The work plan includes three major areas of work that will facilitate implementation of the SKHHP Interlocal Agreement: (1) governance and administration; (2) policy and planning; and (3) education and outreach. Rev. 7/18 (1) The governance and administration work area includes: strategic planning to set 3-5 year goals for the organization, an annual work plan and budget process, establishing quarterly progress and budget reports, and outlining annual reporting to stakeholders and non-SKHHP south King County cities. (2) The policy and planning work area includes: administering and allocating funds from the SKHHP Housing Capital Fund and coordinating with partner jurisdictions to enhance and develop new local housing policies and programs. (3) The outreach and education work area includes: representing south King County at local and regional decision tables and strengthening regional stakeholders' understanding of housing needs and opportunities in south King County. Operating Budget The adopted budget for 2019 and 2020 was a projection of operating costs that did not ultimately cover the full SKHHP operating costs. This was because the Interlocal Agreement included an adopted budget before staff was hired and the City of Auburn became the administering agency. However, SKHHP decided to intentionally spend down cost savings from the previous two years, sourced from a combination of maintaining the original jurisdictions' original contribution levels in 2021 along with personnel cost savings from unfilled positions in 2019 and 2020 to cover operating costs and wait to consider increases to member contributions to the 2022 operating budget. During the development of the 2022 SKHHP operating budget, feedback from SKHHP partner jurisdictions and the SKHHP staff work group identified the following budget priorities: • Work towards a balanced budget; • Increase staff capacity to two full time positions; and • Consider a compensation structure for SKHHP Advisory Board members. The 2022 SKHHP operating budget operationalizes these priorities by increasing jurisdiction contributions by 15%. The SKHHP budget contributions are based on population size, as shown in the attachment to the resolution. Federal Way's 2022 SKHHP contribution is $29,900. If there are any additional contributions to SKHHP's operating budget from sources such as: existing SKHHP partners, additional partners become part of SKHHP, or contributions or donations from outside sources, each SKHHP partner contribution could be reduced through an amended budget. Rev. 7/18 Recommendation Staff recommends approval of the 2022 SKHHP work plan and budget. This recommendation is based on the following: 1. The 2022 SKHHP work plan and budget is consistent with the Interlocal Agreement between Auburn, Burien, Covington, Des Moines, Federal Way, Normandy Park, Renton, Tukwila, and King County. 2. The 2022 SKHHP work plan and budget operationalizes the agreed upon priorities by the SKHHP Executive Board to implement the Interlocal Agreement by acting cooperatively to formulate housing policies and strategies that address housing stability, foster efforts to preserve and provide affordable housing by combining public funding and private -sector resources, and support implementation of other local policies and programs relating to affordable housing. Rev. 7/18 RESOLUTION NO. 2021-03 A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS (SKHHP), ADOPTING THE 2022 SKHHP WORK PLAN AND 2022 SKHHP OPERATING BUDGET WHEREAS, pursuant to the Interlocal Agreement, the SKHHP Executive Board approves an annual work plan and budget each year to guide the work of SKHHP staff; and WHEREAS, pursuant to the Interlocal Agreement the annual budget includes an itemization of all categories of budgeted expenses and itemization of each Party's contribution, including in -kind services; and WHEREAS, upon adoption, the annual work plan and budget will be transmitted to each participating jurisdiction for approval by their legislative body; and WHEREAS, the budget will not become effective until approved by the legislative body of each jurisdiction and adopted by the SKHHP Executive Board; and WHEREAS, the purpose of the annual work plan and budget is to provide management and budget guidance; and implement the overarching SKHHP goals to work together and share resources to increase the available options for South King County residents to access affordable housing and to preserve the existing affordable housing stock; and WHEREAS, the 2022 work plan includes three major streams of work: governance and administration; policy and planning; and education and outreach; and WHEREAS, the governance and administration work stream includes program - wide management activities including establishing decision -making protocols and reporting procedures; and convening a community advisory board; and WHEREAS, the policy and planning work stream includes advocating for and establishing a SKHHP affordable housing capital fund; and collaborating with partners to enhance local policies and programs that accelerate access to affordable housing, protect existing housing stock, and provide housing security; and WHEREAS, the outreach and education work stream includes representing South King County at all applicable decision tables; and furthering the understanding of the spectrum of affordable housing options and related needs and opportunities; and NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows: Section 1. The Executive Board adopts the SKHHP 2022 Work Plan as shown in Attachment A. Resolution No. 2021-03 Rev. 2019 July 23, 2021 Page 1 of 8 Section 2. The Executive Board adopts the SKHHP 2022 Budget as shown in Attachment B. Section 3. Each party's contribution to SKHHP's operating budget will be transmitted on an annual basis during the first quarter of the calendar year. Section 4. This Resolution will take effect and be in full force upon approval by the legislative body of each participating jurisdiction. Dated and Signed this _28_ day of July._ . 2021. SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS ► :US, CHAIR Resolution No. 2021-03 Rev. 2019 July 23, 2021 Page 2 of 8 RESOLUTION 2021-03 — ATTACHMENT A SKHHP 2022 WORK PLAN SKHHP MISSION South King County jurisdictions working together and sharing resources to create a coordinated, comprehensive, and equitable approach to increasing housing stability, reducing homelessness, and producing and preserving quality affordable housing in South King County. OBJECTIVES ■ Share technical information and resources to promote sound housing policy • Coordinate public resources to attract greater private and public investment for affordable housing in South King County • Provide a unified voice to advocate for South King County needs at a local, regional, and state levels Purpose Establish a 2022 SKHHP Work Plan that is shaped by member jurisdictions, consistent with the SKHHP Interlocal Agreement, and furthers SKHHP's mission. Background The South King Housing and Homelessness Partners (SKHHP) was established through an interlocal agreement to work together and share resources to increase the available options for South King County residents to access affordable housing and preserve the existing affordable housing stock. The SKHHP 2022 work plan includes three major areas of work that will facilitate implementation of the SKHHP Interlocal Agreement: governance and administration; policy and planning; and education and outreach. The 2022 work plan builds on work done in 2020 and 2021 to establish a SKHHP Housing Capital Fund through pooled public resources, increase philanthropic and corporate investment through the creation of a SKHHP 501(c)(3) fundraising branch, and establish a SKHHP Advisory Board made up of community members that will help to ground SKHHP decisions in communities needs and interests. Progress reports Consistent with the Interlocal Agreement, the SKHHP Executive Manager will submit quarterly budget performance and progress reports on the status of the work plan elements to the SKHHP Executive Board and the legislative body of each member Resolution No. 2021-03 July 23, 2021 Page 3 of 8 Rev. 2019 jurisdiction. To be consistent with the administering agency's finance department, quarterly progress reports will be provided as follows: • Quarter 1: May • Quarter 2: August ■ Quarter 3: November in Quarter 4: February Next steps: In accordance with the Interlocal Agreement, the 2022 SKHHP Work Plan will be approved by the legislative body of each member jurisdiction and the SKHHP Executive Board. The timeline for review and adoption of the 2020 SKHHP Work Plan is as follows: April - June: Review and input sought from partner Councils Resolution No. 2021-03 July 23, 2021 Page 4 of 8 May -June: Executive Board work plan and budget development June 23: Executive Board consideration of work plan and budget Summer -Fall: SKHHP partner jurisdiction adoption of work plan and budget Rev. 2019 GOVERNANCE AND ADMINISTRATION GOAL 1: Define strategy, direction, and long-term goals, and provide direction to staff on implementation of the SKHHP Interlocal Agreement. Outcomes: 1) Functioning and collaborative entity with clear measures of success. 2) Implementation supports equitable outcomes across jurisdictions, community members, and stakeholders. 3) Added value for SKHHP partners and South King County subregion. Activities/Actions: 1) Develop annual work plan and budget a. Partner jurisdiction input and review b. Partner jurisdiction adoption 2) Quarterly progress and budget reports 3) Annual updates to stakeholders and non-SKHHP South King County cities 4) Strategic planning — establish 3-5 year goals and objectives POLICYAND PLANNING GOAL 2: Administer and allocate South King County Housing Capital Funds. Outcomes: 1} Increase resources dedicated to affordable housing preservation, rehabilitation, and production in South King County. 2) Pool resources to address the growing affordable housing and homelessness needs in South King County. Activities/Actions: 1) SKHHP Housing Capital Fund application and allocation process 2) Build funding support through advocacy with philanthropic and private corporations GOAL 3: Work with partner jurisdictions to enhance and develop new local policies and programs that protect existing affordable housing stock, provide housing security, and accelerate access to affordable housing. Outcomes: 1) Number of jurisdictions that adopt new or enhanced legislation or programs that support equitable affordable housing production and preservation strategies. 2) Increased number of affordable rental housing units in participating programs. ---------------------------- Resolution No. 2021-03 Rev. 2019 July 23, 2021 Page 5 of 8 3) Improved collective efforts to address systemic and institutional racism and create greater racial equity and justice in housing. Activities/Actions: 1) Support implementation of housing strategy/action plans to increase equitable housing production and preservation strategies 2) Maintain inventory & assessment of existing city policies and regulations for affordable housing preservation programs and housing production strategies 3) Assist cities in enacting policies and strategies that address tenant protections through anti -displacement, fair housing, and healthy housing 4) Develop subregional affordable housing preservation strategies. 5) Maintain catalog of successful affordable housing development projects OUTREACH AND EDUCATION Goal 4: Represent South King County and its unique affordable housing needs at all decision tables and foster collaboration between partners. Outcomes: 1) Establish credibility of SKHHP with potential partners and funders. 2) South King County is authentically heard, considered, and supported by regional and state stakeholders and policy makers. 3) Changes in policies, practices, and funding streams that support affordable housing and homelessness programs in South King County. Activities/Actions 1) Represent SKHHP at local & regional meetings and forums. 2) Develop annual SKHHP State advocacy priorities 3) Develop annual SKHHP Federal advocacy priorities 4) Conduct work sessions with state legislators Goal 5: Further strengthen regional stakeholders' understanding of the spectrum of affordable housing options, the range of related needs and opportunities, and the housing system . Outcomes: 1) South King County decision makers are informed and prepared to act based on current information and facts. 2) Increased interest from nonprofit and for -profit developer to partner with South King County cities to produce affordable housing. 3) The broader community is engaged on local housing issues. Resolution No. 2021-03 Rev. 2019 July 23, 2021 Page 6 of 8 Activities/Actions 1) Coordinate and work with developers to better understand barriers to increasing construction and preservation of affordable housing 2) Support SKC engagement and elected official participation in affordable housing development tours 3) Coordinate monthly educational topics that promote understanding of the full housing system and practices that have led to inequities in the system, and opportunities to address racial equity and justice 4) Generate educational information for the public including brochures, website, housing tours, and other outreach programs. Resolution No. 2021-03 Rev. 2019 July 23, 2021 Page 7 of 8 RESOLUTION 2021-03 — ATTACHMENT B 2022 SKHHP Operating Budget Projected beginning fund balance - January 1, 2022 $211,801.80 Projected ending fund balance - December 31, 2022 $143,573.11 REVENUES Auburn $29,900 Burien $17,250 Covington $8,625 Des Moines $8,625 Federal Way $29 900 Kent $39,100 Normandy Park $4,600 Renton $39,100 Tukwila $8,625 Unincorporated King County** $39,100 King County Housing Authority $15,000 King County** $35,900 Interest earnings Office space (in -kind donation) $12 000 Contributions & Donations TOTAL REVENUES $287,725.00 Spend down balance _ $68,228.69 TOTAL $355,953.69 EXPENSES Salaries and benefits $254,685.17 Misc - travel, phone, postage $12,000.00 Advisory Board compensation $14,400.00 Office space (in -kind donation) $12,000.00 Supplies $1,000.00 Professional development $5,000.00 Interfund IT $25,600.00 Subtotal $324,685.17 Administering agency —10% Administrative Fee* $31,268.52 TOTAL $355,935.69 *10% administrative fee is calculated as a percentage of operating costs which does not include in -kind donations, or carry forwards. **King County contribution based on the population of unincorporated King County is shown as increasing at the same rate as other partner jurisdictions and the additional allocation decreasing to maintain a total contribution of $75,000 per year. Resolution No. 2021-03 Rev. 2019 July 23, 2021 Page 8 of 8 COUNCIL MEETING DATE: October 19, 2021 ITEM #: 5d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PORTABLE TOILET SERVICE CONTRACT AMENDMENT POLICY QUESTION: Should the City Council approve amending the contract with Head Quarters to extend the term and adjust compensation? COMMITTEE: PRHSPS COMMITTEE MEETING DATE: October 12, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Derreck Presnell, Parks & Facilities Manager DEPT: Parks Attachments: 1. Staff Report 2. Third Amendment to the Maintenance Agreement for Portable Toilet Services Options Considered: 1. Approve the proposed amendment. 2. Do not approve the proposed amendment and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: /V Initial/Date DIRECTOR APPROVAL: r Y COMMITTEE RECOMMENDATION: "I move to forward the proposed Amendment to the October 19, 2021 consent agenda for approval. " Yt,V,,, \1 ` U�ru V cti ZCA rY,] i L. z 6�ow, Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Amendment, and authorize the Mayor to execute said amendment. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 9, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Derreck Presnell, Parks & Facilities Manager SUBJECT: Portable Toilet Services Contract Financial Impacts: The cost to the City for portable toilets was included within the approved budget under Parks Department account number 001-7100-331-576-80-453. In accordance with the approved budget, this item is funded by the General Fund. The proposed amendment will increase the compensation by $50,000.00 for a total compensation of $138,250.00. Original Contract: $23,500.00 Amendment #1: $18,750.00 Amendment #2: $46,000.00 Current Proposed Amendment #3 $50,000.00 Total amount of contract: $138,250.00 Background Information: An amendment is needed to extend the term and increase the amount of compensation. Due to the challenges of COVID-19 we have had to increase the number of units deployed at various park locations and the frequency of servicing. Rev. 7/18 CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com AMENDMENT NO.3 TO GOODS AND SERVICES AGREEMENT FOR PORTABLE TOILETS This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Temporary Storage of Washington, Inc., dba Head Quarters a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Portable Toilets ("Agreement") dated effective January 18, 2018, as amended by Amendment No (s). I and 2, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2023 ("Amended Term"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-3, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityofiederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: J. Ryan Call, City Attorney TEMPORARY STORAGE OF WASHINGTON, INC. DBA HEAD QUARTERS: By: Printed Name: Title: Date: STATE OF WASHINGTON ) ss. COUNTY OF On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of Notary's signature Notary's printed name 20 . Notary Public in and for the State of Washington. My commission expires AMENDMENT -2- 3/2017 CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway com EXHIBIT B-3 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One Hundred Thirty -Eight Thousand Two Hundred Fifty and No/100 Dollars ($138,250.00). AMENDMENT - 3 _ 3/2017 COUNCIL MEETING DATE: October 19, 2021 ITEM #: 5e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: TREE SERVICES CONTRACT AMENDMENT POLICY QUESTION: Should the City Council approve amending the contract with Thundering Oak Enterprises, Inc. to extend the term and adjust compensation? COMMITTEE: PRHSPS MEETING DATE: October 12, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DERRECK PRESNELL, PARKS & FACILITIES MANAGER DEPT: Parks Attachments: 1. Staff Report 2. Second Amendment to the Maintenance Agreement for Tree Services Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: d a DIRECTOR APPROVAL: i nmmi c oef6cil �� fniiiAlDate lttitia€'Ba45�te knihnllpat COMMITTEE RECOMMENDATION: "I move to forward the proposed Amendment to the October 19, 2021 consent agenda for approval. " Committee Chair Committee Member Committee Mem er PROPOSED COUNCIL MOTION: "I move approval of the proposed Amendment, and authorize the Mayor to execute said amendment. " (BELOWTO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 9, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Derreck Presnell, Parks & Facilities Manager SUBJECT: Tree Services Contract Amendment Financial Impacts; The cost to the City for the Maintenance Agreement for Tree Service was included within the approved budget under the Parks Department, under the following line item 001-7100-335- 576-83-480. In accordance with the approved budget, this item is funded by the General Fund. The proposed amendment will add $247,725.00 in compensation for a total contract amount of $396,225.00 and extend the contract to March 31, 2025. Original contract: $60,500.00 Amendment #1: $88,000.00 Current Proposed Amendment #2: $247,725.00 Total amount of contract: $396,225.00 Back round Information: The Parks Department rebid contracted arborist service in 2019 and amended the contract in 2020. This amendment is needed to increase the amount of compensation and extend the term. The city has been experiencing an increase in calls form citizens in Federal Way regarding dangerous or down trees that are on city properties which threaten private property interests. The Streets (10 1 -4 1 00-xxx) and SWM (4100-3 1 00-xxx) maintenance division also utilize this contract as needed. Rev. 7/18 CITY OF CITY HALL ., Fe d e ra I Way Feder Avenue South Federall Way. WA 9803-6325 (253) 835-7000 wvw. atyofiederalway com AMENDMENT NO.2 TO MAINTENANCE AGREEMENT FOR TREE SERVICE This Amendment ("Amendment No. 2) is made between the City of Federal Way, a Washington municipal corporation ("City"), and Thundering Oak Enterprises, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Tree Service ("Agreement") dated effective July 1, 2019, as amended by Amendment No. 1 as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than March 31, 2025 ("Amended Term"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-2, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way. WA 9803-6325 (253) 835-7000 avww crtyoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk DATE: APPROVED AS TO FORM: J. Ryan Call, City Attorney THUNDERING OAK ENTERPRISES, INC.: By: Printed Name: Title: Date: STATE OF WASHINGTON ) ss. COUNTY OF On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of Notary's signature Notary's printed name 20 . Notary Public in and for the State of Washington. My commission expires AMENDMENT -2- 3/2017 CITY OF CITY HALL *� Feder Fe d e ra I �ay 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway coat EXHIBIT B-2 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Two Hundred and Twenty -Five Thousand and No/100 Dollars ($225,000.00) and Washington State sales tax equal to Twenty -Two Thousand Seven Hundred Twenty -Five and No/100 Dollars ($22,725.00) for a total of Two Hundred Forty -Seven Thousand Seven Hundred Twenty -Five and No/100 Dollars ($247,725.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Three Hundred Ninety -Six Thousand Two Hundred Twenty -Five and No/100 Dollars ($396,225.00). 2. Method of Compensation: A. Payment by the City for services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, approximately thirty (30) days after receipt of such billing statement. Hourly rates not to exceed: • Tree feller: $125.00 per hour • Tree climbing work: $125.00 per hour • Grounds person work: $115.00 per hour ■ Bucket trucks, trucks and chippers rate: (no charge) • Stump grinding rate: $150.00 per hour. • Fee for a certified tree assessment report: $140.00 NOTE: ISA Certified Arborist will always be on site to perform work or supervise. AMENDMENT - 3 - 3/2017 COUNCIL MEETING DATE: October 19, 2021 ITEM #: 5 f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LEASE TEMPORARY WORK TRAILERS FOR PARKS MAINTENANCE STAFF DISPLACED DUE TO COVID-19 POLICY QUESTION: Should the City Council allocate $300,000 of American Rescue Plan Act (ARPA) dollars to lease work trailers for Parks Maintenance staff displaced due to Covid-19 and authorize the Mayor to enter into the lease agreement? COMMITTEE: PRHSPS Committee MEETING DATE: October 12, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason H. Gerwen, Deputy Parks Director DEPT: Parks Attachments: 1. Staff Report Options Considered: 1. Approve the proposed allocation of ARPA funds and authorize the Mayor to enter into a lease agreement for work trailers to temporarily house Parks Maintenance staff. 2. Do not approve proposed allocation of ARPA funds and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: lcysL7 DIRECTOR APPROVAL: Cnm ittca Council InitiaMate Initial/Dat Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed allocation of ARP,4 funds in the amount of $300, 000 for work trailers to temporarily house Parks maintenance staff to the October 19, 2021, consent agenda for approval. Fi, ,-S- 1�D�-�Y�' ►t-; Z] � L L-t4Y.-, � 3�'� V y L� � fir+ �11 �-- f--C�r-Y, Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed allocation of ARPA funds in the amount of $300, 000 for work trailers to temporarily house Parks Maintenance staff. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 30, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: John Hutton SUBJECT: Lease Temporary Work Trailers for Parks Maintenance Staff Displaced Due to Covid-19 Financial Impacts: The financial impacts to the City for leasing temporary work trailers for Parks Maintenance staff displaced due to Covid-19 was not included within the approved budget. We are proposing funding the temporary work space with American Rescue Plan Act (ARPA) dollars. We will have increased overall utility charges due to ongoing use associated with these work trailers. Staff believes we should be able to sustain the utility increase associated with the use of the trailers within the current operational budget allocation. Future costs are unknown at this time. The cost breakdown for the leased temporary work trailers for a three- year term are as follows: Trailers $165,000 Security $85,000 Water $19,500 Power $18,000 Sewer $5,000 Site Prep $7.500 Grand Total $300,000 Bachaound Information: In February of 2020, Parks and Public Works management met and determined it would be best to separate our crews into smaller work units to ensure we could have coverage if a Covid-19 outbreak occurred within our maintenance staff and to avoid exposure to staff for safety reasons. For the past 19 months, Parks staff have been without a work location. Parks Maintenance staff have been working out of their trucks, broom closets, and pipe chases. We had already outgrown the Steel Lake Maintenance Shop prior to the pandemic. Since the pandemic began, there has been a wholesale change to the way the Steel Lake Maintenance Shop functions. Public Works has added more than six staff members that now report out of the Rev. 7/18 Steel Lake Shop. What was once a jointly used facility is unable to house all the members of the three maintenance divisions (Parks, Streets, S WM) at the Steel Lake Maintenance Shop. Concurrently, we are working to find a suitable location for a new maintenance facility. The length of time needed to keep the leased work trailers in place will depend on direction from the City. In our professional judgement, we believe the timeline needed to lease the temporary work trailers to be 18 months to 3 years. The cost breakdown above covers a three-year lease. If we are able to get into a new maintenance facility before the three-year expected timeline, we would receive a prorated refund for the unused lease time. We cannot delay in creating a suitable work space for our Parks Maintenance Division. They need and deserve a dedicated work space to properly meet, coordinate and function as a work group and have already had to make -do without for far too long, and much longer than the short timeframe we initially expected. This proposal is a justifiable use of ARPA funds and meets the eligibility requirements for those funds. Rev. 7/18 COUNCIL MEETING DATE: October 1972021 ITEM #: 5 g .. .... ..... . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: EDWARD BRYNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR FY2021 POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department, accept the Allocation MOU for the Edward Bryne Memorial Justice Assistance Grant (JAG) award for FY 2021? Acceptance of the grant requires no matching funds. COMMITTEE: PRHS&PSC MEETING DATE: October 12, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DIANE C. SHINES. CIVILIAN OPERATIONS MANAGER DEPT: POLICE Attachments: 1. PRHS & PSC Staff Report 2. 2021 JAG MOU 3. 2021 Project Narrative Options Considered: 1. Approve the FY 2021 JAG Grant 2. Reject the FY 2021 JAG Grant MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: Initial/Date DIRECTOR APPROVAL: or COMMITTEE RECOMMENDATION: "I move to forward the 2021 JAG Grant award to the October 19, 2021, consent agenda for approval. " LY wnl_ 1 L.1Y'� h�• +y Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of accepting the grant award, and authorize the Mayor to execute acceptance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: October 12, 2021 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: FY 2021 Edward Byrne Memorial Justice Assistance (JAG) Grant Program Financial Impacts: JAG funds support investment in technology and equipment improvements to enhance safety and improve efficiency and services to the Community through the Police Department. Specific projects are described in the attached financial and narrative summary document. Proj ect Award Allocation: $39,550. Back�,,round The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice system. JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. The City of Seattle is identified as the Fiscal Agent, submitting the joint application to the Bureau of Justice Assistance to request JAG program funds; and pursuant to the terms of the grant, the City of Seattle is to distribute grant funds to the County and one or more jurisdictions. Acceptance of the FY 2021 Edward Byrne Memorial Justice Assistance Grant will ensure that services or projects under this Agreement will be conducted for the stated purpose of the Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a). The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to state and local jurisdictions. Memorandum of Understanding FY 2021 Edward Byrne Memorial Justice Assistance Grant June 8, 2021 This Memorandum of Understanding (MOU) outlines the responsibilities and protocols for participating jurisdictions pertaining to the FY 2021 Edward Byrne Memorial Justice Assistance Grant, I. Participating Jurisdictions The participating jurisdictions, relevant to this MOU, in the Edward Byrne Memorial Justice Assistance Grant are: • City of Auburn City of Bellevue • City of Burien • Des Moines • City of Federal Way • City of Kent • King County • City of Renton • City of SeaTac • City of Seattle • City of Tukwila II. Background and Purpose Proposed to streamline justice funding and grant administration, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG blends previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and place justice funds where they are most needed. III. Disparate Certification Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used, and indicating who will serve as the applicant/fiscal agent for the joint funds. The above jurisdictions are certified as disparate. IV. Fiscal Agent and Fund Allocation The City of Seattle will act as the applicant and will serve as the fiscal agent for the joint funds. The City of Seattle will charge a 3.7% administrative fee for these services. Page 1 of 3 The allocation of funding is as follows: ---- .............. ........ - - Base Allocation before 3.7%Admin Fee KING COUNTY AUBURN CITY BELLEVUE CITY BURIEN CITY DES MOINES CITY FEDERAL WAY CITY KENT CITY RENTON CITY SEATAC CITY SEATTLE CITY TU KW I LA CITY 240,244 37,236 17,935 20,268 10,768 41,070 47,270 33,503 13,801 293,631 15,401 Minus 3.7% Grant Admin Fee 8,889 1,378 664 750 398 1,520 1,749 1,240 511 570 PROPOSED FINAL ALLOCATION AFTER _ _3.7%ADMIN FEE 231,355 35,858 17,271 19,518 10,370 39,550 45,521 32,263 13,290 311,298 14,831 $ 771,127 $ 17,667 $ 771,127 V. Project Allocations and Reporting Participating jurisdictions are responsible for identifying their own projects for funding, and for providing project information to the identified fiscal agent, the City of Seattle, for purposes of submitting one joint application on behalf of all participating jurisdictions. Upon receipt of award documents, and prior to expense of funds pertaining to the JAG Program, the fiscal agent will enter into MOU Contract with all participating jurisdictions. VI. Funds Remaining at End of Grant If an agency has funds remaining that it will not spend and no extension is requested, all parties agree that the funds will be re -obligated to Seattle within the final three months of the grant. Notification between Seattle and the agency willing to forgo funds will occur three months prior to the end of the period of performance. Page 2 of 3 Memorandum of Understanding FY 2021 Edward Byrne Memorial Justice Assistance Grant Signature Page Mayor, City Administrator or Executive Page 3 of 3 Agency: Federal Way Police Department Contact Name: Diane Shines Diane.Shines@cityoffederalway.com Contact Phone: 253-835-6854 FY 2021 JAG Purpose Areas Permissible uses of JAG Funds — In general In general, JAG funds awarded to a unit of local government under this FY 2021 solicitation may be used to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice, including for any one or more of the following: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Corrections and community corrections programs • Drug treatment and enforcement programs • Planning, evaluation, and technology improvement programs • Crime victim and witness programs (other than compensation) • Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams Under the JAG Program, units of local government may use award funds for broadband deployment and adoption activities as they relate to criminal justice activities. BJA areas of emphasis (Please see full descriptions in 2021 Local Solicitation): BJA recognizes that there are significant pressures on local criminal justice systems. In these challenging times, shared priorities and leveraged resources can make a significant impact. As a component of OJP, BJA intends to focus much of its work on the areas of emphasis described below, and encourages each unit of local government recipient of an FY 2021 JAG award to join us in addressing these challenges: • Reducing Gun Violence • National Incident -Based Reporting System (NIBRS) • Officer Safety and Wellness -BorderSecurity -Collaborative Prosecution Evidence -Based Programs or Practices OJP strongly emphasizes the use of data and evidence in policy making, program development, and program implementation in criminal justice, juvenile justice, and crime victim services. OJP is committed to: • Improving the quantity and quality of evidence OJP generates • Integrating evidence into program, practice, and policy decisions within OJP and the field • Improving the translation of evidence into practice Project Name: Project Cost: 1) ScanX Scout Kit Portable X-Ray System 1) $34,305 2) XTK Grid Aim System 2) $4,045 3) SECTOR Equipment - Scanners 3) $1200 Project Description: 1) The Federal Way Police Department (FWPD) Bomb Disposal Unit (BDU) utilizes an x-ray system to x-ray suspicious devices that may be explosive. This system is necessary for every BDU related incident to locate and determine extremely dangerous components. 2) The FWPD BDU would use a Grid Aim System to accurately locate and utilize information to safely disrupt an explosive device. This system is currently necessary as these explosive items become much more complicated. 3) The FWPD utilizes SECTOR, an automated collision and traffic reporting device used by Officers. The purchase of equipment and supplies will ensure peak performance and readiness of SECTOR devices when officers deploy in the field for collision and traffic reporting. Goals, Objectives, and Deliverables - In general, the FY 2021 JAG Program is designed to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice. The JAG Local Program is designed to assist units of local government with respect to criminal justice: 1) X-Ray equipment for Bomb Disposal Units has been a necessity for decades. This X-ray system would replace an outdated system used by the FWPD BDU that is no longer able to be serviced or upgraded. The grant funds would be used to acquire this specific X-Ray system used by a majority of BDU squads across the country. 2) The Grid Aim System is a tool utilized by virtually all BDU squads across the country. This equipment has not been unavailable at the FWPD due to budgetary constraints. Adding this system would enhance security and safety to officers and the public by ensuring the FWPD BDU possesses current standard technology. 3) Automated mobile devices have become a common component in collision and traffic citation reporting; deliverables for SECTOR scanners include increased accuracy of real-time traffic related incidents and reporting into regional databases systems. 2 Statement of the Problem - Identify the unit of local government's strategy/funding priorities for the FY 2021 JAG funds and a description of the programs to be funded over the grant period. Units of local government are strongly encouraged to prioritize the funding on evidence -based projects. 1) To maintain and improve necessary tools used in the handling of dangerous explosive devices and ensure access to current standard technology in this work. The investments proposed here will improve public safety and officer safety in extremely dangerous situations when responding to situations involving potential explosive devices. 2) It is necessary that equipment and power supplies are available to officers deployed in the field to maintain optimal performance and readiness of SECTOR devices. Project Design and Implementation — Describe the unit of local government's strategic planning process, if any, that guides its priorities and funding strategy. This should include a description of how the local community is engaged in the planning process and the data and analysis utilized to support the plan; it should identify the stakeholders currently participating in the strategic planning process, the gaps in the needed resources for criminal justice purposes, and how JAG funds will be coordinated with State and related justice funds: Competing technological priorities, such as implementation of body worn cameras, has strained the annual budget making it difficult to replace or upgrade critical equipment. The Federal Way Police Department continues to explore all opportunities to identify and utilize funds available to purchase needed equipment. Capabilities and Competencies — Describe any additional strategic planning/coordination efforts in which the unit of local government participates with other criminal justice criminal/juvenile justice agencies in the State: N/A Plan for Collecting the Data Required for this Solicitation's Performance Measures — BJA does not require applicants to submit performance measures data with their application. Performance measures are included as an alert that BJA will require successful applicants to submit specific data as part of their reporting requirements. For the application, applicants should indicate an understanding of these requirements and provide the applicant's plan for collection of performance measures that pertain to their proposed program: Record of overtime costs and officer activity reports are maintained. During regular schedule training, BDU officers conduct inspections to ensure equipment is operational and performance outcomes continue to be achieved at the highest level. 3 The use of SECTOR devices is monitored by Operations and IT staff for effectiveness and functionality. IT and Operations staff will ensure the SECTOR equipment and supplies are being utilized and maintained appropriately. Applicants must identify between 1 and 5 Project Identifiers that would be associated with proposed project activities. • Equipment - General • Equipment - General • Equipment - General BUDGET: Budget Worksheet: Please use Attached Budget Worksheet Template Budget Narrative: The Budget Narrative should thoroughly and clearly describe every category of expense listed in the proposed Budget Detail Worksheet. OJP expects proposed budgets to be complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary for project activities). This narrative should include a full description of all costs, including administrative costs (if applicable). An applicant should demonstrate in its Budget Narrative how it will maximize cost effectiveness of award expenditures. Budget narratives should generally describe cost effectiveness in relation to potential alternatives and the goals of the project. For example, a budget narrative should detail why planned in -person meetings are necessary, or how technology and collaboration with outside organizations could be used to reduce costs, without compromising quality. The Budget Narrative should be mathematically sound and correspond clearly with the information and figures provided in the Budget Detail Worksheet. The narrative should explain how the applicant estimated and calculated all costs, and how those costs are necessary to the completion of the proposed project. The narrative may include tables for clarification purposes, but need not be in a spreadsheet format. As with the Budget Detail Worksheet, the Budget Narrative should describe costs by year. 0 Please indicate the project's compliance with federal grant criteria and briefly explain any affirmative responses. No JAG funds may be expended outside of the JAG purpose areas. Even within these purpose areas, however, JAG funds cannot be used directly or indirectly for security enhancements or equipment to nongovernmental entities not engaged in criminal justice or public safety. Nor may JAG funds be used directly or indirectly to provide for any of the following matters unless BJA certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order: • Vehicles, vessels, or aircraft • Luxury items • Real estate • Construction projects, other than penal or correctional institutions • Any similar matters Is -there anything in your project that could be interpreted as inconsistent with this requirement? NO. Federal funds must be used to supplement existing funds for program activities and cannot replace or supplant nonfederal funds that have been appropriated for the some purpose Is there anything in your project that could be interpreted as inconsistent with this requirement? NO. 5 Applicant Disclosure of Pending Applications Applicants are to disclose whether they have pending applications for federally funded grants or subgrants (including cooperative agreements) that include requests for funding to support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation. The disclosure should include both direct applications for federal funding (e.g., applications to federal agencies) and indirect applications for such funding (e.g., applications to state agencies that will subaward federal funds). OJP seeks this information to help avoid any inappropriate duplication of funding. Leveraging multiple funding sources in a complementary manner to implement comprehensive programs or projects is encouraged and is not seen as inappropriate duplication. Applicants that have pending applications as described above are to provide the following information about pending applications submitted within the last 12 months: -the federal or state funding agency -the solicitation name/project name -the point of contact information at the applicable funding agency. Please use table below for any pending applications: Federal or State Funding Solicitation Name/Project Name/Phone/E-mail for Agency Name Point of Contact at Funding Agency None Please answer these questions and provide attachments as needed- from page 12 of the solicitation: 1. Does your jurisdiction have any laws, policies, or practices related to whether, when, or how employees may communicate with DHS or ICE? NO. 2. Is your jurisdiction subject to any laws from a superior political entity (e.g., a state law that binds a city) that meet the description in question 1? NO. 3. If yes to either: Please provide a copy of each law or policy Please describe each practice • Please explain how the law, policy, or practice complies with 8 U.S.C. § 1373 COUNCIL MEETING DATE: October 19, 2021 ITE.... ..M #: 6 a.... . . . ........ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC HEARING: Public hearing to consider proposed Code Amendments: Public Transportation Facilities POLICY QUESTION: N/A COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: James Ro ers DEPT: Community Development Summary/Background: Community Development is seeking to amend Title 19 of the Federal Way Revised Code 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. 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. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A Initial/Date J DIRECTOR APPROVAL: Z3l2,j tnitialtDate Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (October 19, 2021): "1 move to close the public hearing and forward the proposed ordinance to the November 3, 2021 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (November3, 2021): "I move approval of the proposed ordinance. " _ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances onl)) ORDINANCE # REVISED — 11/2019 RESOLUTION # ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Public Transportation Facilities; amending FWRC 19.05.120, 19.05.200, and 19.105.020; and adding new sections to Chapters 19.225 and 19.240 FWRC. (Amending Ordinance Nos. 17-834, 15-804, 09-630, 09-610, 09-593, and 97-295) WHEREAS, the City of Federal Way ("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 new permitted land use for the City Center Core (CC-C) and Commercial Enterprise (CE) zones which establishes development regulations for Light Rail or Commuter Rail Transit Facilities within the City; and WHEREAS, the Central Puget Sound Regional Transit Authority ("Sound Transit") is proceeding to implement their Sound Transit 3 ("STY") light rail system expansion, with two light rail stations planned within the City; and WHEREAS, the Federal Way Link Extension ("FWLE") portion of ST3 is currently under construction, with a new light rail station being built at the Federal Way Transit Center ("FWTC") in the CC-C zone; and Ordinance No. 21- Page I of 16 WHEREAS, the planned parking facility expansion, designed to accommodate the new added demand from light rail users at the FWTC, has not yet been constructed; and WHEREAS, the Tacoma Dome Link Extension ("TDLE") is currently in the planning phase; and WHEREAS, a preferred alternative route alignment and station location has been identified by Sound Transit in the CE zone in South Federal Way; and WHEREAS, the demand for parking for transit -related parking proximate to the new stations will occur as soon as the stations are in operation; and WHEREAS, there are no public parking facilities available to accommodate the parking demand created by the transit stations; and WHEREAS, the proposed use is already generally allowed in the City as an essential public facility; and WHEREAS, the City's comprehensive plan vision, goals and policies strive to ensure transit station areas develop into efficient transportation centers that serve all travel modes, including cars; and WHEREAS, adding Light Rail or Commuter Rail Transit Facilities to the City's development regulations will help ensure that stations are developed in a complete and functional manner, not piecemeal; and WHEREAS, the City's measurement of transit level of service ("LOS") considers the provision of adequate parking at transit stations to be necessary in order to meet minimum LOS standards; and Ordinance No. 21- Page 2 of 16 WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the Proposal on August 27, 2021, and no appeals were received and the DNS was finalized on October 1, 2021; and WHEREAS, the Planning Commission properly considered these code amendments on September 15, 2021; and WHEREAS, the Land Use & Transportation Committee of the City Council considered these code amendments on October 4, 2021, and recommended adoption of the text amendments as recommended by the Planning Commission on September 15, 2021; and WHEREAS, the City Council properly conducted a duly noticed public hearing on these code amendments on October 19, 2021 and November 3, 2021. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The above recitals are hereby restated and adopted as findings. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by ensuring that transit stations are developed in a complete and functional manner, become an amenity to the people they serve, and do not burden local businesses and communities. (c) These code amendments comply with Chapter 36.70A RCW, the Growth Management Act. Ordinance No. 21- Page 3 of 16 (d) 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. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (f) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the 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: 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. Ordinance No. 21- Page 4 of 16 CCP34 Encourage the provision of structured parking. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it will ensure that transit stations are developed as complete and effective public facilities, with a greater ability to provide the public with a faster, safer and cleaner mode of transportation, while reducing congestion on the public roadways. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it helps to ensure that transit stations are developed in a complete and functional manner, becoming a multi -modal amenity to the people they serve. Section 3. FWRC 19.05.120 is hereby amended to read as follows: 19.05.120 L definitions. "Land division " means any process by which individual lots, parcels, or tracts are created for the purpose of sale, lease, or transfer. Land divisions include, but are not limited to, conventional subdivisions (both short and long plats), binding site plans, cluster subdivisions, cottage housing, zero lot line townhouse development, and small lot detached development. "Landscaping" means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. "Landward" means toward dry land. "Legal nonconformance " means those uses, developments, or lots that complied with the zoning regulations at the time the use, development, or lot was created or established, but do not conform with current zoning regulations. This definition shall be applied to legal nonconforming lots, uses, and developments as defined in this chapter. Ordinance No. 21- Page 5 of 16 "Light rail or commuter rail transit facility" means a structure or other improvement of a regional light rail or commuter rail transit s stern 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, parkinggarages, park and rides, tunnel portals. storage track and support facilities, and transit station access facilities. "Linear frontage of subject property" means the frontage of the subject property adjacent to all open, improved rights -of -way other than Interstate 5. If the subject property is not adjacent to an open, improved right-of-way, "linear frontage" means the frontage of the subject property on any public access easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights -of -way. "Lobby" means a central hall, foyer, or waiting room at the entrance to a building. "Lot" means a parcel of land, of sufficient area to meet minimum zoning requirements, having fixed boundaries described by reference to a recorded plat, to a recorded binding site plan, to metes and bounds, or to section, township and range. "Lot area" means the minimum lot area per dwelling unit based on the underlying zone. For single-family lots, the area of a vehicular access easement, private tract, flagpole, or access panhandle shall not be credited in calculation of minimum lot area. "Low density use" means a detached dwelling unit on a subject property that contains at least five acres. "Low density zone " means the following zones: SE and comparable zones in other jurisdictions. "Low impact development (LID) " means a stormwater management strategy that emphasizes conservation and use of existing features integrated with distributed, small-scale stormwater Ordinance No. 21- Page 6 of 16 controls to more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings. Section 4. F WRC 19.05.200 is hereby amended to read as follows: 19.05.200 T definitions "Temporary personal wireless service facility" means a personal wireless service facility which is to be placed in use for a limited period of time, is not deployed in a permanent manner, and does not have a permanent foundation. "Tenant improvement" means any work, improvement or remodeling completely within the interior of a building necessary to meet the varied requirements of continuing or succeeding tenants. "Threshold determination " means the decision by the responsible official (the community development services director) whether or not an environmental impact statement (EIS) is required for projects that are not categorically exempt under the State Environmental Policy Act (SEPA). "Topping" means a pruning cut to the main stem of a mature tree. Such cuts can result in serious decay and/or forcing out growth of weakly attached upright sprouts below the cut. Topping also results in permanent alteration of tree architecture. For purposes of this chapter, topping shall be treated the same as tree removal. "Topsoil" means the uppermost strata of soil containing a large percentage of organic materials and which is capable of providing suitable nourishment for vegetation. "Townhouse " means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. See definition of "dwelling unit, townhouse." "Trade school" means a post -secondary institution that trains persons for qualification in specific trades or occupations, i.e., mechanics; construction trades such as carpentry, HVAC, and wiring; electronics repair and service including computers; plumbing; chefs and culinary training; upholstery; bartending. "Traffic control devices " means signs, signals, stripes and other mechanical or graphic items which control the flow, direction or speed of vehicular and pedestrian traffic. "Transit Station" means an off-street at -grade under-. or above -street -level rail or light -rail. ferry terminal bus hub or bus transfer facility for stopping of transit vehicles to pick up and Ordinance No. 21- Page 7 of 16 drop off passengers. A transit station usually has boar_dinglalighting platforms, waiting area(s), fare collection, information, and related facilities. "Transparent glass" means windows that are transparent enough to permit a reasonable level of visibility of the activities within a building from nearby streets, sidewalks and public spaces. "Tree " means any self-supporting perennial woody plant characterized by one main stem or trunk of at least six inches in diameter measured four and one-half feet above ground, or a multi - stemmed trunk system with a definite crown, maturing at a height of a least 20 feet above ground level. "Tree unit" is a measurement to give value to the number of trees retained on a site. Table 19.120.130-2 assigns tree unit credits based upon the size of the existing or newly planted trees. For new trees, tree units vary depending on the size that the trees will reach at maturity (smaller size at maturity, fewer tree unit credits). "Trees, deciduous " means trees that shed or lose their foliage at the end of the growing season. "Trees, evergreen " means trees that retain their leaves for more than one growing season. Section 5. FWRC 19.105.020 is hereby amended to read as follows: 19.105.020 Essential public facilities. (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. Ordinance No. 21- Page 8 of 16 (2) Site evaluation criteria. The following criteria will be utilized in evaluating siting proposals made by sponsoring agencies or organizations seeking to site Class I essential public facility in Federal Way. These criteria encompass an evaluation of regional and/or local need and local site suitability for the proposed facility. Findings concerning the proposal's conformance with each criteria shall be included in the documentation of any city decision relative to the project. (a) Demonstration of need. Project must establish the need for their proposed facility Included in the analysis of need should be the projected service population, an inventory of existing and planned comparable facilities, and an assessment of demand for this type of essential public facility. (b) Relationship of service area to population. The facility should service a share of Federal Way's population within the city. The proposed site should also be in a location that reasonably serves its over-all service area population. (c) Minimum site requirements. Project sponsors shall submit documentation showing the minimum site requirement needs for the facility. Site requirements may be determined by any or all of the following parameters: Minimum size of the facility, access, necessary on -site support facilities, topography, geology and soils and mitigation requirements. The sponsor shall also identify any future expansions of the facility. (d) Alternative site selection. The sponsor shall document whether any alternative site have been identified that meet the minimum site requirements of the facility. Where a proposal involves expansion of an existing site, the documentation should indicate why relocation of the facility to another site would be infeasible. Ordinance No. 21- Page 9 of 16 (e) Concentration of essential public facilities. In considering a proposal, the city shall examine the overall concentration of these facilities within the city to avoid placing undue burden on any one neighborhood. (f) Public participation. Sponsors shall conduct local outreach efforts with early notification to prospective neighbors to inform them about the project and to engage local residents in site planning and mitigation design prior to the initiation of formal hearings. (g) Proposed impact mitigation. The proposal must include adequate and appropriate mitigation measures for the impacted area and neighborhood. Mitigation measures may include, but are not limited to, natural features that may serve as buffers, other site design elements used in the development plan, and/or operational or other programmatic measures contained in the proposal. The proposed measures should be adequate to substantially reduce or compensate for anticipated adverse impacts on the local environment. Section 6. Chapter 19.225 Sections is hereby amended to read as follows: Chapter 19.225 CITY CENTER CORE (CC-C)1 Sections: 19.225.010 Office use. 19.225.015 Breweries, distilleries, and wineries. 19.225.020 Retail use. 19.225.030 Retail shopping center, regional. 19.225.040 Entertainment. 19.225.050 Hotel, convention or trade centers. 19.225.060 Parking garages. 19.225.070 Multifamily dwelling units, senior citizen, or special needs housing. 19.225.080 Hospital — Convalescent centers - Nursing homes. 19.225.090 Schools — Day care facilities, commercial. 19.225.100 Government facility, public parks, public transit shelter. 19.225.105 Public transportation facilities. 19.225.110 Public utility. Ordinance No. 21- Page 10 of 16 19.225.120 Personal wireless service facility. 19.225.130 Churches. 19.225.140 Urban agriculture. Section 7. Chapter 19.225 of the Federal Way Revised Code is hereby amended to add a new section 19.225.105 to read as follows: 19.225.105 Public transportation facilities. The following uses shall be permitted in the commercial enterprise (CE) zone subject to the repaulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST. read down to find use. THEN across for REGI] w pe Minimums uired Yards Q W USE 3 N o x 8 a ZONE CC-C SPECIAL REGULATIONS AND NOTES Liehl Rail Process None 75 fl- ahnve 500 ace 1. If approved by the director, the height of a structure may Cxneed 75ft,_A or IV. See 0 ft. 0 0 average building elevation (AABE), if the increased height is necessary to note 16 accommodate the structural_ couinment or operational needs of the use_ Commuter ft. ft. average building, elevation I'AA13.E &ejC n for fi h rail nr commuter Rail Transit Facility Except 20 ft. along Single- Family residential 7. s-Aj ldhip hei t mg not exceed 75 11. AABE when located within 100 ft. of a Single-family residential zone, 3. The proposed development will be consistent with the adopted mil facIlties With romprehensiye plan policies ror ibis lone. 4. Minor and supporting supporting structures constructed as a functional requirement of a 1 I'aciIfty may b4 alls7wcd-aLta1C_54a het it as the primary tr tun rovided the zones mid 2 trfutstl stations. Director of Community+ Du dopment Services determines that the facility and cc notes a" refuted supporting structures Will not significantly impuet adjacent 13. i4 properties. gild 15_ 5- The subicct property must be designed so that buck parking, lauding, and mantLvering areas; areas here noise generating outdpor Uses and activities may occur: and vents and similar features are located as Far as possih a frp m any residential zone. conforming residential wr. or ttatttral systems. Ordinance No. 21- Page 11 of 16 determined by other site development regulations, i.e.. Muirc4 yard Iandsnapine. surface water facilities. etc. 19.125.170. to_ For I andscapin a requirements that apply to the pro see C hgvstr 19.125 FWRC. 13. AA parking study may be submitted to reduce the amount ofparkin re_uirc to accommodate the patrons of a transit station. The director shall, after to approve any_prnpnsed reduction based on the approval criteria of FWRC 19.130.080(2), that will accumsnndate the required parking, to serve the patrons of a transit short tenn parking spades. etc. The director shall make a determination as to whether to approve any proposed deviation from the structure and footprint standards. L 1 c r' d in For other infarniMinn about parkin Ind-yar1 w9 arcim. scc Chanter 19.130 FWRC. (,h nier 19.55 FWRC_ Chapter t9_60 FWRC_ For d0iailt; of wbat may gxrped this h6ghtIiinh, sce FWRC 19.1 SU.050 ct. seo_ Chapter 19,61 FW1kC a 19.7 0 F\VRQres Wivef _ For details regadng required yards. sce FWCiC_19.i,',5.f0 et+ea- Section S. Chapter 19.240 Sections is hereby amended to read as follows: Chapter 19.240 CITY CENTER CORE (CC-C)1 Sections: 19.240.010 Manufacturing and production, general. 19.240.020 Warehouse — Distribution — Storage facilities — Truck stops — Automotive emissions testing facilities. 19.240.030 Commercial photography — Communications — Product testing — Industrial laundry facilities. 19.240.040 Hazardous waste treatment and storage — Chemical manufacturing — Gravel batch plant — Transfer station. 19.240.050 Vehicle, boat, equipment, and outdoor storage container sales, rental, service, repair — Self-service storage — Tow and taxi lots. 19.240.060 Retail — Sulk retail. Ordinance No. 21- Page 12 of 16 19.240.070 Retail, general and specialty — Manufacturing and production, limited. 19.240.080 Office uses. 19.240.090 Hotels — Motels. 19.240.100 Business, vocational, trade schools — Day care facilities, commercial — Animal kennels. 19.240.110 Entertainment — Generally. 19.240.115 Breweries, distilleries, and wineries. 19.240.120 Entertainment — Adult entertainment, activity, retail, or use (adult uses). 19.240.125 Public utility. 19.240.130 Government facilities, public parks, public transit shelter. 19.240.135 Public transportation facilities. 19.240.140 Personal wireless service facilities. 19.240.160 Churches. 19.240.170 Urban agriculture. 19.240.180 Group homes. Section 9. Chapter 19.240 of the Federal Way Revised Code is hereby amended to add a new section 19.240.135 to read as follows: 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 ZONE CHART DIRECTIONS. FIRST. read down to find use— THEN_ __ac_ross_for REGULATIONS rn Minimums z oRequired Yards o ZONE a � ro CE 0 x USE �3 .> N? x SPECIAL REGULATIONS AND NOTES a: a; a o Liyht Rail Proce None 50 ft.. above 500 Spaces 1. if approved by the director, the height of a structure may exceed 50 ft. abnya or 1V, See 0 ft. 0 J lo average building elevation (AABL-). if the increased height is necessary to agLe 16, accommodate tltc structural, 4_R ) - e _or ogeraiional needs of die = Commute ft, Ift. average building for light rail or Rail Except 20 ft_ 2. Building licialrt may nnt_cxcCcd 5-0 fL-AABIF when located within _1M it. of alone Single-family residential zone. Transit elevation commuter AABE rail Facility qn 1 3 j e proposed devglopment will be consistent with the adopted ❑ m relien 5ive V Ian po I ic i es for this lone. Family See notes facilities 1 with residential 4. Minor and sutinorting structures 4orlstwetedas a functional requiramentof facility may be allowed at the same height as the primary structure. provided the zones and 2 transit Ordinance No. 21- Page 13 of 16 Director of Community Development Services determines that the facility and any related supporting structures will not significantly impact adjacent PIMP -Mt ics. 5- The su ject proaerty must be desigled so that truck parking_ loadirip_ and tnanduverarras_ areas where noise geaterating outdoor uses and activities may occur; ,and vents and similar reatutes are located m tar as possible from 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 lnt_eove gV applies. Instead._the buildabic area wilLb4 determined by other site development reauIations, i.c.. required ay rds, landscaping. surface water facilities. etc_ 8_ For I 'onspertaini to outd. r e act vi doraec. refer w FWRC 19.125.170. 9. For community design guidelines that apply to the p oiect. see Chaptct 19.115 FWRC. I0- For landscaping requirements dint apply to tile proicct. see Chapter 19.125 FWRC. 11. For sign requirements that aMly to the project, see Chapter 19,140 FWRQ- 12. For other provis ors of this nhapicr that may ap!!lv_io the subject Mpsrly, see Chapter 19.265 FWRC. 13. A parking study may be submitted to reduce the amount of ap rking ruquired to accommodatc the patrons of a transit station. The director shall, after con$u I tion with the Ci1v Traffic Engineer, make a determination as to whether to appmve any prMoscd te_duiu0n based on the approval criteria of FWRC 19.130.080(2). I4. Parking must be generally structured, and designed for the smallest footprint that will accommodate the required parking to serve the patrons of a transit station_ Up to 10% of required parking may be allowed as surface parking. in ordcr m accommodate Iitnited_purposepark-in e s aces ix- kin E sates short term parking spm.-.. etc. The director shall make a determination as to whether to approve any proposed deviation from the structure and footprint standards. i 5- Structured Rarking will he no more than 1000 fact of the transit station. unless utherwise approved by, the director. The disWce shall by measured along a city appmved pcdt:strian nRth_i c_tm file trattstt station cntrancc tothtclnss t public pedestrian cntntncc to the parking structure. I6. Projcot will be reviewed as a Class l Essential Public Facility, rerer to FWRC 19.105-020 2 . FEW other ill RIM alml about perktnsa> .yy j.jt�g vc.�i_ ;c Chnptcr 1�.13n FtV_R� Fnrdot ails of what way.escLed this height timii_See FWRC 19-11[1 050 et- scg- For donils rceardinF raquircd Yards. sec FWRC i9.1?s-160 et scq= Section 10. 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 11. 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 Ordinance No. 21- Page 14 of 16 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 12. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 13. 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 November, 2021. [signatures to follow] Ordinance No. 21-_ - - Page 15 of 16 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 21- Page 16 of 16 COUNCIL MEETING DATE: October 19, 2021 ITEM #: 7a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: POLICE DEPARTMENT PROPOSING ADDITIONAL PERSONNEL AND RESOURCES POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department be approved to increase staffing, bonus pay for new hires and new police vehicle purchases? COMMITTEE: PRHS&PSC MEETING DATE: Oct. 12, 2021 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Andy J. Hwang, Chief of Police DEPT: Police Department Steve Groom, Finance Director Finance Attachments: 1. Staff Memo Options Considered: 1. Approve increases in police department staffing, hiring bonus and new vehicle purchases committing ARPA Revenue for the vehicle purchases and funding the remainder from current -year savings. 2. Approve increases in police department staffing, hiring bonus and new vehicle purchases directing staff to add Sales Tax Revenue to the next budget amendment. 3. Do not approve the proposed increases MAYOR'S RECOMMENDATION: Option 1. r MAYOR APPROVAL: I DIRECTOR APPROVAL: Ccitm ttec C u�iciI '�' — ■ [wo tl COMMITTEE RECOMMENDATION: "I move to forward the proposal using Option I to the October 19, 2021 wwi,wW agenda for approval. " � r��►n�-c.,ry � �, ��s�.. _ r�r'v.s � V � c.,� V � < � t]a ►-Y, Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposal. " BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION 9 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: October 12, 2021 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police; Steve Groom, Finance Director SUBJECT: Police Department Proposing Additional Personnel and Resources Changes in Public Safer The United States is experiencing an increase in gun violence, and the greater Seattle -Tacoma region is caught up in it. Recently in Federal Way we experienced several shootings in a single week. One of my responsibilities as your law enforcement leader is to inform you, the elected policy makers and our residents, why this is happening. Second, you have a right to expect me to recommend strategies to keep our community safe. In Washington State, there were 302 murders in 2020 in comparison to 206 in 2019, an increase of 46%. In King County, there were 102 murders in 2020, and 69 fatal shooting victims, an increase of 27%. In the first six months of 2021, there has been 42 fatal shooting victims, which is up 46% over a four-year average. In Federal Way, we have experienced six murders year to date. Violent crime is on the rise in Washington and in King County. Changes in our public environment compel us to commit more resources to public safety now in order to ensure Federal Way remains a safe place to live, work, shop and play. Significant changes include a rising population, rising violence throughout the region, and reduced offender accountability. As of April 2020 (U.S. Census), City of Federal Way population was 101,030. Based on that figure, our police officer ratio is 1.36 per 1,000 residents. Given the rapid growth of nearly 5,000 people in a single year (96,289 people in 2019), and with other significant developments underway, the rapid growth will continue in the foreseeable future. Major projects such as Light Rail and The Commons will significantly bring more visitors and residents to our downtown area. Less accountability for criminal offenses creates more feelings of immunity among offenders, emboldening their actions to harm others. From thieves to violent offenders, their crimes are becoming increasingly more brazen and frequent. King County has jurisdiction over felonies and juvenile crimes. With funding reduced at the prosecutor's office, many felonies and crimes by juveniles are simply not prosecuted. Jails are accepting fewer arrestees in the front door; and judges are quicker to release them out the back door. The same is true of our state prisons. Significant policing reforms laws have taken place in Washington State. The most recent policing laws in the state add to this mixture (HB 1054 and HB 1310). More offenders are, literally, getting away with crime. These bills severally restrict police from doing good police work to keep our community safe. One of the impacts to the Federal Way Community is the new state law on police tactics (HB 1054), which changed the requirements for vehicle pursuits by police officers. The restrictions virtually eliminate police pursuits in Washington State. Since its effective date (July 25, 2021), the Federal Way Police Department has recorded 17 criminal escapes. When police emergency lights were activated, the suspects fled and the officers could not legally pursue them. Our former ability to pursue, particularly in the middle of the night, was a deterrent to fleeing in the first place; now criminals are more willing to simply drive away. Stealing a vehicle is often a precursor for committing violent crimes. Apprehending car thieves was a powerful method for preventing violence and apprehending dangerous offenders. Now, however, we cannot legally pursue stolen vehicles. Earlier this year the Washington legislature passed ESB 5476, which essentially de -criminalized possession of dangerous drugs (including heroin, cocaine, meth, fentanyl and so forth). Drug use is more rampant and blatant than ever. Previously, physical arrest initiated a process in which courts could compel treatment. Now, police officers are virtually prohibited from making arrests for drug use or possession. Offenders walk away with a referral card in their pocket, with no obligation to take any corrective action. Fatal overdose is an increasing plague to Washington's communities. Much of gun violence in Federal Way is drug related. Shootings often stem from drug use, drug transactions and drug rips. Drug activity and substance abuse is a primary contributing factor for gun violence and other crimes in our community. The auto theft numbers are significantly increasing in King County: June 805; July 981; August 1,154, and in Federal Way: June 48; July 54; August 66. There are several factors as to why certain crimes are on the increase, but in regards to auto theft, one of the factors is directly correlated to the new state reform laws preventing the police from chasing stolen vehicles. The criminals are figuring out that police will not chase them for stealing a vehicle. Historical Background In October 2006, the population of Federal Way was 86,350. In November 2006, the Federal Way voters passed Proposition #1, the Public and Community Safety Service Improvement 2 Package. This resulted in an additional 18 commissioned FTEs (to 136 total) and one additional records specialist FTE. Prop 1 brought the officer ratio to 1.59 officers for each 1,000 residents, an increase from 1.37. In 2006, the department had 15 records specialists for a service population under 87,000. In 2007, the department had an authorized strength of 136 police officers. However, the recession of 2008-2011 severely impacted public funding. In May 2009, the police department stopped filling vacancies. Through gradual attrition the staffing level dropped to 122 police officer positions. To accommodate those reductions, we eliminated some police positions, including the criminal intelligence detective, two pro -act officers (pro -active uniformed officers, rather than re -active officers), traffic officers (from 8 to 3), and records personnel. In 2006, we had 15 records specialists, serving a population under 87,000. During the recession that was reduced to 10. Accordingly, some police services were de -prioritized. Since 2014, Mayor Ferrell and the Council have steadily increased the officer numbers. Our current authorized strength is presently 137. Records remains at 10. The United States census indicated the population in the City of Federal Way was 101,030 as of April 2020. Based on that figure, Federal Way residents enjoy a police officer ratio of 1.36 per 1,000 residents. Given the rapid growth over the past five years, the actual population might exceed 102,000 as of this proposal, which is 1.34 officers per 1,000 residents. Police Chiefs Recommendations: Changes in our public environment compel us to commit more resources. Providing the Police Department with additional staffing and resources will enhance public safety in our community, reducing gun violence and other crimes and meet the demands of our growing community. Proposal for 150 Police Officers Federal Way's population and calls for service support an authorized strength of 150 police officers. 150 officers would be 1.49 per thousand, based on last year's population of 101,030. Proposal for 12 Records Specialists Two additional specialists will be required in order to maintain the current level of service to the public. The increased number of sworn officers and the additional expectations of the public mandate that the Records Section keeps pace with its internal staffing. Allocation of 13 Additional Police Officers (137 to 150) We propose deploying the additional 13 commissioned positions in this manner: • 6 officers to patrol, one to each of the six patrol squads 3 • 4 officers to form a pro -act unit 9 2 officers to Special Operations Unit (SOU) • 1 officer to the Traffic unit Patrol is the first pillar of local public safety. They are on duty, in uniform 24/7/365. Adding six officers to patrol puts more police on the streets in neighborhoods, responding to 911 calls and deterring crime. Pro -act. This unit is made up of officers with different titles and functions. They constantly supplement each other in order to accomplish the various functions. Pro -act is part of the Special Investigations Unit, responsible for gang suppression, highway/downtown patrol, narcotics investigations and drug houses, neighborhood complaints of criminal activity, asset seizure management, adult business monitoring, and prostitution prevention enforcement. We have not had the "pro -act" portion of this unit since 2007. Impacts of this force reduction include: the unit's response time to complaints was reduced, sometimes taking several weeks before a complaint can be evaluated. In addition, the officers do not spend as much time on each complaint. The current reduced size of the unit prohibits it from doing proactive, crime prevention activities, as well as operations like "John" stings. Four more officers restores the unit to a more effective group. SOU (Special Operations Unit): This unit of six police officers was created at the end of 2009 to address increasing violence in and around the Sound Transit Center in the downtown core. A patrol shift (the fourth/"power" shift) was dissolved in order to provide staffing for this unit. SOU was intended to provide bicycle patrol in the downtown core and City parks. They established relationships with business owners and retailers in the area. They work closely with the SafeCity program. The presence of SOU resulted in a significant decrease of crime in the downtown core. However, for the historical reasons mentioned earlier, this team is currently staffed with four officers. In recent years they have become the city's primary response to trespassing complaints throughout the city. Consequently, we've gone without the downtown bicycle patrols this unit was conceived to provide. Adding two officers will restore and enhance that important need for our business community. Traffic officers mitigate speeding complaints, investigate and remove abandoned vehicles, and handle collision investigations. They conduct the ongoing investigations of all fatality collisions. This unit went from eight authorized positions down to three traffic officers currently assigned, plus the unit's lieutenant. The unit also monitors and issues tickets from the photo - enforcement cameras. The most notable impact has been longer response times to collisions. The unit's ability to respond to numerous neighborhood complaints related to traffic has also been impacted. In addition, as each new school year begins there is a visible absence of school zone enforcement. M We haven't done any commercial vehicle enforcement for years. Adding a traffic officer will mitigate some of these impacts. Records specialists are police employees who process the documentation generated by police officers. They receive court orders and prepare them for service by officers. They enter data, upon which much of our transparency with the community relies. The majority of their work is mandated by statute, state code, and similar rules for law enforcement agencies. Records specialists also research data bases, find information -related clues for officers in the field, and help solve crimes. As such, they are invaluable force multipliers to our crime -fighting mission. Providing the Police Department with additional staffing and resources, will enhance public safety in our community, reducing gun violence and other crimes and meet the demands of our growing community. rnctr.. Salary + benefits for 13 police officers: $1,275,378. That is $98,106 per officer for the first year ($73,764 B-step salary + $24,342 benefits). All entry-level officers are hired at A -step. We chose a B-step average for this estimate because lateral officers are hired at a step commensurate with their years of law enforcement experience. Salary + benefits for two records specialists: $126,386. That is $45,792 yearly salary plus $17,401 benefits = $63,193 x 2 employees. Equipment & uniforms + BLEA registration for entry officers: $183,000. $13,000 + $3,400 = $16,400 per officer. $131,200 for 8 entry officers + $52,000 for 4 lateral officers. Hiring bonus: $98,000. Our proposed hiring bonus is $20,000 for lateral officers and $2,000 for entry-level officers. Based on our normal hiring rates, we estimate four of the 13 may be laterals ($80,000) and nine will be entry ($18,000). Fully equipped patrol vehicle: $962,000. $74,000 each for 13 vehicles. This includes the vehicle, FWPD markings, installation of police radio and other items, IT equipment, and police equipment. The police department needs 15 more police vehicles (beyond the 13 listed above) to accommodate existing police staff. Most of our comparable agencies have take-home cars. This is an important issue for recruiting and retention. We request those 15 vehicles here. Total cost: $1,110,000. 5 Finance Department Analysis and Recommendation. Finance staff calculates the one-time vehicle and recruitment costs total $2,170,000 and on -going personnel and vehicle replacement expense at $1,660,764 per year (before inflation and other escalators which will be incorporated into 2022-23 budgeting). As mentioned above, jail cost savings due partially to jails accepting fewer arrestees and judicial releases can actually help fund stronger policing in the short term. We can't control others' policy decisions but we can leverage the funding opportunity in our policy response. Funding is largely facilitated in the current budget cycle with: 2021-2022 Jail Cost savings (budgeted in Police Department) 2021-2022 PD Vacancy savings (already in Police Department budget) 2021-2022 Sales Tax Revenue coming in favorable to budget — this will require a council - approved budget amendment For the 2023-24 budget to be sustainable, the on -going staffing and vehicle replacement funding will have to be prioritized at approximately $1.6 million per year which will have to be a priority drawing upon General Fund revenue and against competing expenditures. While forecasting is premature, we do know that our 2021 Sales Tax was forecast particularly cautiously during COVID and actuals are coming in favorably. Current vacancies in 2021 being filled currently indicate that budgetary impact begins in 2022: Funding 2021/2022Jail Cost Savings 2022 Payroll Savings Unbudgeted Sales Tax Revenue Next Budget cycle commitment Expenditures Staffing- new Police Officers Staff- Record Specialists Benefits (included) Additional Equipment Recruiting Costs Additional Patrol Cars Expanded Fleet Patrol Cars 2022 2023 2024 1,500,000 - - 123,000 - - 478,275 478,275 478,275 1,318,657 923,489 2,101, 275 1,796,932 1,401, 764 171,686 1,152, 746 1,275,378 94,790 126,386 126,386 84,800 97,800 48,000 50,000 962,000 - 740,000 370,000 - 2,101, 275 1,796,932 1,401,764 One-time recruiting and vehicle acquisition costs can be absorbed in the current budget cycle, funded from jail cost savings, current -year vacancies, and Sales Tax revenue. ARPA revenue is considered for the capital acquisition of vehicles, but ruled out for now, because of the on -going replacement budgeting. We could, however, pivot to ARPA, but a significant concern is perpetual replacement funding of an expanded fleet in future budgets. Either way, feasibility depends on committing to prioritizing this in 2023-24 and future -year budgets. Con 7b COUNCIL MEETING DATE: October 19, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED SALARY SURVEY IMPLEMENTATION PLAN POLICY QUESTION: Should the City Council authorize the Mayor to implement the proposed Salary Survey Implementation Plan? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Vanessa Audett, Human Resources Manager DEPT: Human Resources Attachments: 1. Staff Report Options Considered: 1. Approve the proposed Salary Survey Implementation Plan 2. Reject the proposed Salary Survey Implementation Plan and provide staff direction. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A !.� j3 DIRECTOR APPROVAL: Committee I ' Co cii Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Salary Survey Implementation Plan, and authorize the Mayor to implement said Plan. " (BELOII' TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY HUMAN RESOURCES DEPARTMENT Memorandum Date: October 19, 2021 To: City Council Members From Vanessa Audett, Human Resources Manager Subject: Implementation of the 2020 Cabot Dow & Associates Salary Study The City of Federal Way's employees have expressed dissatisfaction with past and present compensation practices at the City. Heavy workloads, inadequate staffing levels, under market compensation, and inequities in represented versus non -represented employee pay directly contribute to increasing workplace dissatisfaction, negative employee morale, and an increase in employee turnover. Financial Impacts: The proposed implementation plan does not require a budget amendment and is fully -funded through the current approved 2021-2022 budget through the capturing and allocating salary and benefit savings of budgeted, yet vacant City positions. The total monthly cost of implementing the proposed Salary Survey Implementation Plan is $23,157 (annualized at $277,884), which includes benefit costs conservatively estimated at 38% of salary. The survey implementation will result in salary adjustments for 89 non -represented City employees. ,The Implementation Plan involves two primary steps: 1. Each surveyed classification's identified salary survey midpoint (50rn percentile) is used to plot the classification to the closest existing City salary range midpoint. 2. Each employee assigned to the surveyed classification is placed in the new range at the range step closest to their current pay without being under their current pay. Background Information: The City of Federal Way's classification and compensation practices have not been thoroughly reviewed since 2008. At that time, City positions were determined to be under market but due to the economic recession of 2008, the recommendations of that study were never fully implemented. In May 2019, the City hired Cabot Dow & Associated to complete a Classification and Compensation study that included, in part, reviewing and updating job classification descriptions and conducting a salary survey. Once again, circumstances outside of the City's control (the COVID-19 Pandemic) delayed the completion and implementation of the 2020 salary survey. In December 2020, Cabot Dow & Associates presented the City with its 2020 Classification & Compensation Study Final Report. The uncertainty of the pandemic's fiscal impact to Federal Way's economy and the planned retirements of HR and Finance department heads further delayed bringing the survey results forward for implementation approval. Mayor's Recommendation: Approve the proposed Cabot Dow & Associates 2020 Salary Survey Implementation Plan. COUNCIL MEETING DATE: October 19, 2021 ITEM #: / c ........ . .. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DRAFT HOUSING ACTION PLAN POLICY QUESTION: Should the Council adopt the draft Housing Action Plan? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Oct. 4, 2021 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Chaney Skadsen Associate Planner DEPT: Community Development Attachments: 1. Staff Report 2. Draft Housing Action Plan Options Considered: 1. Approve the draft Housing Action Plan. 2. Do not approve draft Housing Action Plan and provide direction to staff. MAYOR'S RECOMMENa ' N: Option 1. Recommend adoption of the draft Housing Action Plan. den MAYOR APPROVAL: f DIRECTOR APPROVAL: �'� 9/23/21 oinmit uneit �! Initial/Date initiafl ale laiwillDal COMMITTEE RECOMMENDATION: I move to forward the draft Housing Action Plan to the October 19", 2021 business agenda for approval. k C' 20y M _ �G Zoo c►r 1 �% \ C., ZC)c" Greg Baruso, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I recommend approval of the Mayor's recommendation to adopt the draft Housing Action Plan. " BELOW TO BE COMPLETED BY CITY CLERK'S OFLICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 4, 2021 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor Brian Davis, Community Development Director r FROM: Keith Niven, Planning Manager Chaney Skadsen, Associate Planner SUBJECT: Draft Housing Action Plan and Community Open House Financial Im acts: In 2019 the City of Federal Way received a $100,000 grant from the Washington State Department of Commerce to prepare this Housing Action Plan (HAP) through E2SHB 1923. The only cost to the City for the development of the draft Housing Action Plan was the cost of staff hours. The Department of Commerce has created a Housing Action Plan Implementation (HAPI) Grant to facilitate communities' implementation of their HAPs. The Council has authorized the City to apply for a 2021 HAPI grant and approval of the HAP would be necessary for the city to compete for this grant opportunity. Back —,round On July 12, 2021 the draft Housing Action Plan was presented to the Land Use and Transportation Committee and was recommended for adoption to the full council. On July 20, 2021 the draft Housing Action Plan was presented to the full council. Council expressed concern that the public engagement for this project was conducted entirely virtually due to the in -person restrictions caused by the pandemic. Staff was directed to conduct an in - person open house regarding the Housing Action Plan, evaluate and incorporate any public input as appropriate, and return to council committee for further discussion prior to consideration for adoption. Community Onen House On September 16th city staff hosted a Community Open House event at the Federal Way Performing Arts and Events Center. The event was from 4:30PM-7:OOPM and approximately 40 community members attended. The event included informational handouts, large posters with details of each of the proposed strategies, engaging staff and various activities for the public to provide feedback in person. The informational materials used at the Community Open House have been uploaded to the project webpage including fact sheets in English, Spanish, and Korean. Rev. 6/2020 October 4, 2021 Land Use and Transportation Committee Draft Housing Action Plan and Community Open House Page 2 Summary of Feedback Received At the entrance of the Community Open House, staff prompted attendees to place a dot sticker on a map of the city. Of the 40 community members that attended, 33 dots were placed on the map. Of the 33 mapped dots, one was located within an area zoned for mixed -use developments, three were in an area zoned for multi -family, and 29 were located within single-family zones. This engagement activity served as a measure for staff to evaluate the outreach efforts and consider equitable representation while analyzing the feedback received at the event. Throughout the engagement activities several common themes were identified: - Aging generations need housing options to downsize to smaller residences with less maintenance, and improved accessiblility. - The City should make accessory dwelling units easier and cheaper to be developed. - Homeownership options are highly desired, especially for multi -family (condos) and missing middle typologies. - The Commons Mall should be redeveloped and downtown should be more enjoyable and safer for pedestrians and bicyclists. - Housing is too expensive. We need more housing to help with homelessness and rising cost of living. - No more low income/section 8 housing/or apartments. - School impact fees should be lowered and/or change the way payment is collected. All of the above -mentioned themes echo input previously collected in earlier community outreach and public participation opportunities that were used to inform the housing objectives and design of the strategies. As a result, no new strategies were suggested f afe e eessa y°are proposed in response to the feedback received at the Community Open House. The four housing objectives, eight strategies, and various implementing actions outlined in the HAP were designed to meet the diverse housing needs for all individuals and families across a spectrum of incomes for the Federal Way community. The results of the Community Open House further solidify the understanding that not every individual and household will benefit the same from each strategy, however there is a strategy or strategies within the HAP that will benefit everyone. Policy Ouestion Should the Council adopt the draft Housing Action Plan? Mavor's Recommendation Recommend adoption of the draft Housing Action Plan. CITY OF .� Federal Way Centered on Opportunity HOUSING ACTION PLAN DRAFT REPORT JUNE 16, 2021 Acknowledgements The Project Team who developed this plan consisted of both City staff as well as consultant support. CITY STAFF ■ Chaney Skadsen, Associate Planner ■ Brian Davis, Community Development Director ■ Sarah Bridgford, Community Services Manager CONSULTANT SUPPORT BERK Consulting ■ Kevin Ramsey, Ph.D., Project Manager ■ Erika Rhett, AICP, Land Use Planner ■ Dawn Couch, Analyst ■ Chloe Kinsey, Analyst MAKERS Urban Design and Architecture ■ Bob Bengford, AICP, Policy and Code Review ■ Rachel Miller, Engagement ■ Ian Crozier, Planning support HOUSING ACTION PLAN ADVISORY GROUP To help guide and inform the Housing Action Plan, Federal Way convened an Advisory Group comprised of community members, representatives of civic and faith -based organizations, local builders and real estate professionals, service providers, and other housing stakeholders. Over the course of four meetings, these volunteers provided local insights about housing needs and challenges that are not well represented in available data. They also reviewed preliminary strategies and actions and shared perspectives about potential benefits and impacts in the community. The plan benefitted from their input. ■ Pastor Joe Bowman, Integrity Life Church ■ Robin Corak, Multi -Service Center ■ Brett Jacobsen, Family Northwest Development ■ Daniel Landes, King County Housing Authority ■ Miguel Maestas, El Centro de la Raza ■ Rebecca Martin, Chamber of Commerce ■ Sally McLean, Federal Way Public Schools ■ Mike Park, Former mayor, Korean Community representative ■ Brett Waller, Washington Multi -Family Housing Association ■ Melinda Weber, BECU Mortgage Advisor DRAFT June 16, 2021 Executive Summary Federal Way is a city with many assets that make it a desirable community of nearly 100,000 residents. While the city has long benefited from relatively lower housing costs compared to many other parts of King county, rapid job and population growth coupled with a lack of housing supply across the region has resulted in a sustained high demand for housing and rising costs. Housing availability is an urgent and growing challenge in Federal Way. Two out of every five households are struggling to manage the cost of housing.' The lack of supply and resulting cost pressure is contributing to the displacement of long-term Federal Way residents, a process that can uproot lives and undermine the social fabric and support structure for many residents. This Housing Action Plan identifies strategies that can help to diminish this imbalance and guide new growth that provides benefits to both new and existing residents. Collectively, these strategies are intended to achieve four key objectives. HOUSING OBJECTIVES ■ Promote new market -rate and affordable housing construction that expands housing choices and is inclusive to community needs. ■ Encourage homeownership opportunities and support equitable housing outcomes. ■ Plan for forecasted growth and ensure the built environment promotes community development and increases the quality of life for Federal Way's existing and future residents. ■ Preserve existing affordable housing stock to reduce displacement pressure. HOUSING STRATEGIES 1. Promote a dense, walkable, and mixed -use City Center. 2. Promote mixed -use, walkable subareas and neighborhood centers. 3. Increase diversity in housing choice through expanding "missing middle" development opportunities. 4. Encourage accessory dwelling unit (ADU) production. 5. Ensure that financial and regulatory incentives for mixed -income housing are effective. 6. Review school impact fees on multifamily housing. 7. Coordinate affordable housing development and preservation with nonprofit developers, community groups, and the South King Housing and Homelessness Partners (SKHHP). 8. Protect tenants and support pathways to homeownership. This Plan also includes guidance for implementation and monitoring. During the implementation process, there will be additional opportunities for residents and stakeholders to share their input. 1 Source: HUD (based on Census ACS 5-year Estimates, 2012-2016). See Appendix A: Housing Needs Assessment for details. DRAFT June 16, 2021 Table of Contents Introduction......................................................................................................................................4 Purpose................................................................................................................................................... 4 Background............................................................................................................................................. 4 Subregional Housing Action Framework................................................................................................ 5 TheCity's Role in Housing....................................................................................................................... 5 Areasof Opportunity.............................................................................................................................. 6 Developingthe HAP..........................................................................................................................7 CommunityEngagement........................................................................................................................ 7 Assessment of Housing Needs.............................................................................................................. 11 Review of Housing Goals and Policies.................................................................................................. 12 Housing Action Plan Objectives and Strategies................................................................................15 HousingObjectives............................................................................................................................... 15 HousingStrategies................................................................................................................................ 16 Implementationand Monitoring.....................................................................................................36 Implementation Matrix and Priority Schedule..................................................................................... 36 MonitoringProgress............................................................................................................................. 40 Appendices.....................................................................................................................................43 Appendix A: Federal Way Housing Needs Assessment Appendix B: Federal Way HNA Qualitative Interviews Summary Appendix C: Visual Preference Survey Results Appendix D South King County Sub -Regional Housing Action Plan Framework Appendix E: Federal Way Fact Packet Appendix F: South King County Regional HAP — Housing Strategies Framework DRAFT June 16, 2021 Table of Exhibits Exhibit 1. Housing Unit Growth Compared to Target, 2006-2018........................................................... 12 Exhibit 2. Housing Goals in the Federal Way Comprehensive Plan (2015).............................................. 13 Exhibit 3. Capacity for new housing development by density level......................................................... 14 Exhibit 4. Housing Units in Federal Way by Structure Type, 2020........................................................... 15 Exhibit 5. Interrelated Housing Strategies to Support Planned Growth in Federal Way ......................... 17 Exhibit 6. Housing Strategies and Related Housing Objectives................................................................ 17 Exhibit 7. Zoning and current/planned frequent transit service in North Federal Way .......................... 21 Exhibit 8. Townhome Unit -Lot Subdivision Example................................................................................ 26 Exhibit 9. Implementation Matrix and Priority Schedule............................................................................ 37 Exhibit 10. Total Additional Housing Units Needed in 2040 by Affordability Level (% of AMI) ............... 41 DRAFT June 16, 2021 Introduction PURPOSE This Housing Action Plan identifies strategies the City of Federal Way can implement to support housing opportunities for residents at all income levels. These strategies are intended to increase housing production and choices available to better meet the diverse needs of Federal Way residents and reduce displacement pressure. Providing a sufficient supply of both market -rate and income - qualified affordable housing also supports neighborhood stability, vibrant communities, and economic vitality.' This plan lays out a comprehensive housing policy direction to guide city investments and efforts to facilitate both market -rate and affordable housing production. It identifies actions the city may take to implement regulatory and service changes following plan adoption. BACKGROUND As more people move to the Puget Sound Region, the competition for the limited housing available in Federal Way grows. This causes rents and housing prices to rise, which can lead to housing insecurity and the displacement of many long-term residents. In recent years, housing production in Federal Way and the rest of South King County has not kept pace with this growing demand.' Much of today's housing supply was built between the 1960s and 1980s, before Federal Way incorporated as a city. During the mid-1980s, the area experienced a boom in new apartment development. Desiring controlled, quality growth and community identity, residents organized and voted to form the City of Federal Way in February 1990. The rate of new housing production declined significantly in the decades that followed. The development that has occurred generally falls into two categories: single-family homes and large apartment complexes. Federal Way now lacks a spectrum of housing options to meet the needs of different household types. These options could include "missing middle" formats like townhomes, multiplexes, accessory dwelling units (ADU), or garden style low-rise apartment buildings. Zoning and regulatory barriers have prevented, among other challenges, the development of these housing types. During the decades since Federal Way's incorporation, King County and the Central Puget Sound Region have experienced sustained periods of rapid economic growth. This has drawn hundreds of thousands of new residents to the region in search of housing. Federal Way's central location and historically lower housing costs compared to more expensive communities to the north also contribute to high demand for housing. When more and more households compete for a limited supply of housing, prices are pushed upward. In 2019, the City of Federal Way received a grant from the Washington State Department of Commerce to prepare this Housing Action Plan (HAP). The goal of a HAP is "to encourage construction of ' While there is also a strong need for housing solutions to address the needs of households struggling with homelessness, such as transitional housing and shelters, this plan focuses on building or preserving permanent housing solutions. 3 ECONorthwest estimates that communities in South King County have underproduced housing compared to demand by nearly 20,000 units. See Error! Reference source not found.. DRAFT June 16, 2021 City of Federal Way Housing Action Plan I Introduction additional affordable and market -rate housing in a greater variety of housing types and at prices that are accessible to a greater variety of incomes, including strategies aimed at the for -profit single-family home market."4 SUBREGIONAL HOUSING ACTION FRAMEWORK Housing affordability is a regional challenge. Six cities in South King County (Auburn, Burien, Federal Way, Kent, Renton, and Tukwila) joined together to develop the South King Housing and Homelessness Partners (SKHHP). They pooled resources to develop a Subregional Housing Action Framework, which was completed in 2020. Key deliverables from this analysis included: ■ Fact Packets for the subregion and each city which summarize how each performs in critical topic areas, such as housing trends, affordability, housing need forecast, and an employment profile. See Appendix D South King County Sub -Regional Housing Action Plan Framework and Appendix E: Federal Way Fact Packet ■ A Housing Context Assessment that identifies the methodology of data collection, expands on existing policy tools, and evaluates their potential impact with regards to intended outcomes. ■ A Housing Strategies Framework that identifies housing policies, tools, and incentives, summarizes current use in each jurisdiction, and evaluates their potential impact for achieving intended results. Appendix F: South King County Regional HAP — Housing Strategies Framework ■ This work has informed the development of this Housing Action Plan, including strategies explicitly focused on opportunities for continued collaboration. THE CITY'S ROLE IN HOUSING While the City of Federal Way does not build or provide housing to residents, it can facilitate the conditions to encourage the housing developers to build housing in a diversity of formats and affordability levels. Housing planning and policymaking are integral functions of cities, and essential for supporting inclusive, diverse, and economically vibrant communities. Reviewing, evaluating, and updating housing plans, policies, and associated development regulations can help jurisdictions meet evolving community needs for housing variety and affordability, as well as achieve other planning goals for land use, economic development, transportation, and the environment. There are four ways in which Federal Way can influence the housing market. ■ The city can adopt and update development regulations such as zoning and design standards to either limit or facilitate the types of new housing that can be built by private and nonprofit housing developers in different parts of the city. These regulations also determine characteristics such as building heights, setbacks, parking, and design. ■ The city can utilize and update development incentives to encourage the construction of housing types that are in greatest need. Incentives may include tax exemptions, density bonuses, 4 RCW 36.70A.040 DRAFT June 16, 2021 1.0 City of Federal Way Housing Action Plan I Introduction alternative design standards, fee reductions, or streamlined permitting. Incentives can affect the profitability of new housing development and therefore the likelihood that private developers will choose to build. They can also affect the financial feasibility of projects with income -qualified affordable housing. ■ The city can provide financial assistance to affordable housing providers through direct funding, loans, fee waivers, or land donations to help subsidize new or existing income -qualified affordable housing projects. The City can also pool resources with other jurisdictions to support affordable housing through SKHHP. ■ Finally, the city can provide support for residents through programs that provide tenant education or protections, monitor and enforce building codes to ensure safety, provide rental assistance, and provide local services that promote community well-being. AREAS OF OPPORTUNITY Federal Way has tremendous opportunities to encourage new housing development that can benefit both existing and future residents. Most notably, the city will be served by two Sound Transit LINK light rail stations — Federal Way Transit Center and SW 272nd Street - with service expected to begin in 2024, and a third station in South Federal Way area planned for a later phase. This regional transportation investment will greatly increase development potential in the City Center and other station areas due to high demand for living and working near frequent and high -quality transit service. The Puget Sound Regional Council designated Federal Way's City Center as a Regional Growth Center. This planning designation makes it a focal point for economic development and transportation infrastructure investments that promote dense, walkable, mixed -used development. Federal Way has the opportunity to shape the investments and growth in the City Center to maximize benefits for new housing production as well as amenities for the city as a whole. By adopting regulations and incentives that support transit -oriented development, Federal Way can encourage new apartment and condominium housing that provides residents with easy access to transit and urban amenities. It can also attract or provide other land uses and resources that benefit all residents, such as restaurants, new retail, entertainment, parks, and services like childcare. The city also has significant opportunities outside of its City Center and station areas to provide residents with new options for more affordable living and homeownership. These include making it easier to rent portions of single-family homes as accessory dwelling units and making it easier to build "missing middle" housing types like multiplexes and townhomes in appropriate areas. These changes would increase the diversity of housing options available within existing neighborhoods. DRAFT June 16, 2021 City of Federal Way Housing Action Plan I Developing the HAP Developing the HAP COMMUNITY ENGAGEMENT This plan is informed by the input of community leaders, residents, and other stakeholders. While COVID-19 social distancing requirements prevented face-to-face meetings, city staff and consultants used several methods to engage safely with community members. A summary of these activities is included below and more details about the feedback received are provided in Appendix B: Federal Way HNA Qualitative Interviews Summary and Appendix C: Visual Preference Survey Results. Engagement opportunities for Federal Way residents were promoted in the following ways: ■ Project webpage ■ Facebook posts and ads ■ Nextdoor ■ Interested parties list E-Newsletter ■ Community Services listsery ■ Press releases ■ Public announcements on local radio stations ■ Targeted outreach through phone calls and emails Due to existing barriers and those exacerbated by the pandemic, not all Federal Way residents had an equitable opportunity to contribute ideas to this plan. Some communities in Federal Way experience barriers to participation such as English proficiency, lack of access to technology or skills for attending virtual meetings, lack of connection to --or knowledge about --city government decision making processes, or simply a lack of interest or time to engage. We attempted to mitigate these barriers by providing different engagement opportunities and by reaching out to community leaders and representatives with local knowledge about the housing challenges residents experience in Federal Way. However, we also recognize continued work to engage more Federal Way residents will be necessary as city staff works to refine and implement the strategies in this plan. Engagement Activities The Federal Way Housing Action Plan Website and Newsletter Throughout the development of this plan, city staff maintained a project website that featured a short informational video, the HAP project schedule, engagement opportunities, answers to frequently asked questions, and project documents such as the Housing Needs Assessment. Residents could also sign up for an e-newsletter to receive updates about opportunities to engage. As of May 21, 2021, the page has been viewed a total of 1,165 times, with 897 unique views. DRAFT June 16, 2021 oTI.'•. City of Federal Way Housing Action Plan I Developing the HAP City Council Interviews At the beginning of the HAP process, the consultant team invited each City Councilmember to an individual interview to gain a better understanding of their priorities and concerns, as well as the housing challenges they have heard about from their constituents. The input received from the Councilmembers helped to shape the development of the planning and community engagement process. Housing Action Plan Advisory Group To help guide and inform the plan, the Project Team convened an Advisory Group comprised of community members, representatives of civic and faith -based organizations, local builders and real estate professionals, service providers, and other housing stakeholders. Over the course of four meetings, these volunteers provided local insights about housing needs and challenges that are not well represented in available data. They also reviewed preliminary strategies and actions and shared perspectives about potential benefits and impacts in the community. Interviews with Stakeholders and Community Members The project team contacted 23 organizations and a total of 6 groups were interviewed over the phone or video conference during October and November 2020. Each conversation typically included two interviewees. Interview participants included local landlords, a local market -rate housing construction company, an affordable housing builder, a local architect/developer, a local church minister and members, and local housing advocates. A summary of findings is provided in Appendix B: Federal Way HNA Qualitative Interviews Summary. Visual Preference Survey All Federal Way residents were encouraged to complete an online survey between January and February 2021. The survey asked residents to evaluate images of new kinds of housing options that the city is considering allowing in different residential zones. The purpose was to hear from residents about their preferences and help determine what design features or attributes are most important when integrating new housing into the community. There were a total of 226 respondents, 91% of whom were current residents of Federal Way. Preferences varied greatly by design type. However, a strong majority responded positively to images of several housing types, including duplexes and triplexes in single-family zones, townhouses in multifamily zones, and apartments or condominiums in commercial and downtown zones. A summary of findings is provided in Appendix C: Visual Preference Survey Results DRAFT June 16, 2021 TI , City of Federal Way Housing Action Plan I Developing the HAP Housing Action Plan Strategies Public Open House CW FJoin on 1 .. kousing Action Plan Strategies Public Open House Thursday Aril 8th @ 6 m & Saturday Aril 10 @ 11am City staff also hosted two live, online Open House events on April 8 and April 10, 2021 over Zoom. They were held at different times (one during the week in the evening and one on Saturday morning) in hopes to increase opportunity for participation. Federal Way is an ethnically and culturally diverse community where many languages are spoken. Spanish and Korean are two of the common languages spoken in Federal Way and interpreters were present to interpretation services. Total attendance was approximately 20 participants, which allowed for detailed discussions. The live online meetings were designed to be Word cloud of Open House participant answers to the question: "What do you love about Federal Way?" interactive for participants to share their lived experiences, desires for the future of Federal Way, and provide feedback on the strategies under consideration. City staff utilized Zoom's polling feature and Slido, a live polling platform, was used to create a conversation between staff and participants and displayed information and data collected. Other Public Meetings Project Team members presented updates on the HAP during several meetings open to the public. These included Planning Commission meetings, the City Council Land Use and Transportation Committee (LUTC), a City Diversity Commission meeting, and a Senior Commission meeting. Meetings that occurred between February 2020 and May 2021 include: ■ 2/19/20 Planning Commission; Scope of HAP and Consultants Chosen ■ 8/5/20 Planning Commission; Housing Action Plan Introduction ■ 12/16/20 Planning Commission; Housing Needs Assessment ■ 1/4/21 LUTC; Housing Needs Assessment ■ 1/20/21 Planning Commission; Gaps in Regulations Potentially Inhibiting Housing Development & Subregional Framework ■ 2/17/21 Planning Commission; Summary to Date DRAFT June 16, 2021 em n � City of Federal Way Housing Action Plan I Developing the HAP ■ 3/2/21 City Council Special Session; HAP Overview ■ 3/13/21 Diversity Commission; HAP Overview ■ 3/17/21 Senior Commission; HAP Overview ■ 4/7/21 Planning Commission; Strategies Briefings ■ 4/21/21 Planning Commission; Strategies Update ■ 5/5/21 Planning Commission; Implementation Matrix A Planning Commission public hearing is scheduled for June 16, 2021 and the City Council is expected to vote on adoption of the plan in July 2021. DRAFT June 16, 2021 10 s City of Federal Way Housing Action Plan I Developing the HAP ASSESSMENT OF HOUSING NEEDS Early in the planning process, the consultant team developed a Housing Needs Assessment. This document presents an evaluation of community conditions, housing demand, and housing supply in Federal Way. It addresses housing needs across the full spectrum of household types and income levels. The findings are based on an analysis of the latest available data as well as input from community leaders and housing stakeholders gathered through the engagement process. The full Needs Assessment is available in Appendix A: Federal Way Housing Needs Assessment. Key Findings Nearly 40% of all households in Federal Way (over 13,000 households in total) are cost -burdened. This means they spend more than 30% of their gross income on housing costs. These households have less money available for other essentials, like food, clothing, transportation, and medical care. Cost burden is most common among both owner and renter households with incomes below 50% of area median income (AMI). Black, indigenous, and persons of color (BIPOC) households disproportionately experience housing cost -burden compared to White households. The rate of new housing construction in Federal Way is not keeping pace with demand or comprehensive plan growth targets. One reason is the lack of multifamily housing construction since mid-2017 following a temporary moratorium on multifamily housing permits and an increased impact fee to support the Federal Way School District. There has also been a lack of "missing middle" housing such as townhomes and multiplex formats. The underproduction of housing is contributing to intense competition for available housing, which is driving up housing costs faster than the incomes of residents. Federal Way needs to add approximately 6,800 new units before 2040 to accommodate expected population growth and account for past underproduction. This equates to an average production of 339 units each year, a 68% increase over recent housing production trends. ■ The city needs a diversity of new housing types, including both rental and ownership units that cater to a variety of income levels and housing needs to grow in a balanced manner. This includes "missing middle" housing types such as townhomes and condominiums that can support more affordable homeownership opportunities. DRAFT June 16, 2021 11 City of Federal Way Housing Action Plan I Developing the HAP REVIEW OF HOUSING GOALS AND POLICIES Progress Towards Meeting Housing Targets Between 2006 and 2018, Federal Way added 2,525 new housing units, with an average annual growth rate of 0.61% or about 202 units per year. As shown in Exhibit 1, the city is growing slower than needed to achieve its 2035 growth target adopted in King County's Countywide Planning Policies and the Federal Way Comprehensive Plan. To achieve the target, the city will need to nearly double its rate of growth in the years ahead. Exhibit 1. Housing Unit Growth Compared to Target, 2006-2018 Actual vs Target Housing Growth V5 10,000 (From 2006 Baseline) 2035 Target s~ ' �p 8,000 • ' 0 6,000 4,000 ' 2,000 0 • 2006 2010 2014 2018 2022 2026 2030 2034 • • • • Target --0— Actual Note: This chart shows Federal Way's 2031 housing growth target of 8,100 units extended to the year 2035 assuming a continuation of the same growth rate. Source: King County Urban Growth Capacity Report (Preliminary Draft, April 2021). Achievement of Housing Element Goals and Policies The Housing Element of the Federal Way Comprehensive Plan (2015) includes goals and policies for guiding city actions that regulate and incentivize new residential development. Exhibit 2 presents each of the ten housing goals. Collectively, these existing goals and the 48 associated housing policies are supportive of encouraging new construction of both affordable and market -rate housing in a greater variety of housing types and at prices accessible to households across the income spectrum. However, the city has not been successful in recent years at achieving its goals related to encouraging new housing production or increasing housing types. A review of Federal Way's zoning code indicates that housing supply and type are limited by code provisions that present regulatory barriers as well as high school impact fees. A key purpose of this HAP is to identify actions the city may consider taking to reduce these kinds of barriers to production while still achieving the remainder of the housing goals in the Comprehensive Plan. DRAFT June 16, 2021 12 eff City of Federal Way Housing Action Plan I Developing the HAP Exhibit 2. Housing Goals in the Federal Way Comprehensive Plan (2015) HG1 Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character. HG2 Involve the community in the development of new housing to a degree that is consistent with the scale of impact on the surrounding neighborhoods. HG3 Develop a zoning code that provides flexibility to produce innovative housing solutions, does not burden the cost of housing development and maintenance, and diversifies the range of housing types available in the city. HG4 Proactively plan for and respond to trends in housing demand. HG5 Develop a range of affordable housing opportunities for low-income households consistent with the CWPPs and the needs of the community. HG6 Encourage development of mixed -income projects and communities. HG7 Develop a range of housing opportunities that meet the requirements of people with special housing needs, including the elderly, mentally ill, victims of domestic abuse, and persons with physical and/or developmental disabilities. HG8 Develop emergency shelter and transitional housing facilities for the homeless. HG9 Coordinate and integrate the City's housing programs with regional housing efforts and with local housing and service providers. HG10 Work with other King County jurisdictions to ensure that affordable housing is equitably distributed across jurisdictions and not concentrated in less affluent cities and communities. Source: Federal Way Comprehensive Plan (2075). Capacity for New Housing Production Federal Way is participating in the 2021 King County Urban Growth Capacity Study. As part of this study, the city analyzed buildable land capacity based on current zoning and development standards. The study identified parcels that are vacant or have potential for redevelopment. Exhibit 3 summarizes the findings. The city has capacity for over 14,000 new units of development. This is over double the amount needed to meet its 2036 growth target. Almost 80% of that capacity is in high density zones that allow for over 48 dwelling units per acre. Much of this capacity is in mixed -use zones in the City Center where there is potential for redevelopment of under-utilized property for new apartment and condominium projects near the planned Sound Transit Link light rail station. Much less capacity is currently available in the medium -low or medium -high density levels that allow for "missing middle" housing types like townhouses, multiplex units, or smaller garden -style apartment or condominium buildings. DRAFT June 16, 2021 13 City of Federal Way Housing Action Plan I Developing the HAP Exhibit 3. Capacity for new housing development by density level Housing Capacity by Density Level (units) ■ Low Density ■ Medium Low Density ■ Medium High Density ■ High Density Source: King County Urban Growth Capacity Report (Preliminary Draft, May 2021). Density Levels Very Low ............................................................ Low Medium -Low ............................................................ Medium -High High 0-4 units/acre 4-10 units/acre 10-24 units/acre 24-48 units/acre 48+ units/acre DRAFT June 16, 2021 14 City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies Housing Action Plan Objectives and Strategies This plan identifies four objectives that form the basis for the city's strategies to address housing needs. These objectives and strategies are informed by the Housing Needs Assessment; a review of current housing goals, policies, development regulations, and permitting process; community and stakeholder engagement; and input from the Advisory Group, City Departments, Planning Commission, and City Council. HOUSING OBJECTIVES Objective 1: Promote new market -rate and affordable housing construction that expands housing choices and is inclusive to community needs. To accommodate population growth and account for past underproduction, the Federal Way Housing Needs Assessment and Subregional Housing Action Plan Framework estimated that the city will need to increase the annual production of housing units by 67%. The Federal Way housing market is not producing enough housing, or the right mix of housing types to meet community needs and preferences. Objective 2: Encourage homeownership opportunities and support equitable housing outcomes Homeownership is highly desirable for many Federal Way households. It can provide greater economic security, residential stability, generational wealth, and an important financial asset to the homeowner. However, the Housing Exhibit 4. Housing Units in Federal Way by Structure Type, 2020 Source: OFM, 2020. • Single -Family ■ Duplexes ■ Multi -family (3 or 4 Units) ■ Multi -family (5+ Units) ■ Mobile Homes Needs Assessment found that homeownership is out of reach for many Federal Way households, especially BIPOC residents. This is shown in stark disparities in homeownership rates between White and Black households: 68% compared to just 28%.5 With a rising population and a fixed supply of land, new homeownership opportunities that are attainable to moderate income earning households will require creative strategies that are often referred to as the "missing middle" housing types. Promoting homeownership units in the city of Federal Way will increase the opportunities for households to build generational wealth, particularly for those previously excluded. S Source: HUD CHAS (based on ACS 2013-2017 5-year estimates). DRAFT June 16, 2021 15 oII'''. City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies Objective 3: Plan for forecasted growth and ensure that the built environment promotes community development and increases the quality of life for Federal Way's existing and future residents. Proactive planning efforts through internal and external coordination will promote stronger and more sustainable communities. Public resources can be invested in a way to benefit the whole city and promote development and thriving communities. Objective 4: Preserve existing affordable housing stock to reduce displacement pressure. The South King County Subregional Housing Action Framework — Task 2 Housing Context Methods Memo identified naturally occurring affordable housing (NOAH) as a critical component of a jurisdiction's housing stock. Throughout South King County, the largest share of housing that is accessible to middle- and low-income households is in the unregulated affordable housing stock meaning it is affordable at lower incomes without subsidy or income or rent restrictions. Nearly 30% of Federal Way's existing housing is affordable to households at 80% AMI. The tight housing market in Federal Way from the imbalance of lagging housing supply not keeping up with growing demand puts NOAH units at risk of redevelopment which would displace current residents. Many lower -income residents face eviction and displacement pressures as housing costs escalate rapidly. There are significant racial disparities in displacement pressure. About 4% of Black households receive an eviction filing each year, compared to only 1.5% of White households6. Anti -displacement strategies can be implemented to help residents stay in their homes through the preservation of existing affordable housing. HOUSING STRATEGIES This plan includes eight strategies designed to help Federal Way achieve its housing objectives. None of these strategies will be fully effective in isolation. However, together they can help the city overcome barriers to new housing development and guide new growth to effectively carry out the vision of the city and this plan. Exhibit 5 depicts how these interrelated strategies work together to support planned growth in Federal Way while meeting the city's housing needs. Exhibit 6 lists each of the strategies and the related housing objectives. The pages that follow describe each strategy as well as the actions the city can take to implement them. 6 University of Washington. 2017. "The Evictions Study Map." Center for Studies in Demography and Ecology. https:Htesseract.csde.washington.edu:8080/shiny/evictionmaps/ DRAFT June 16, 2021 16 oTl'� City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies Exhibit 5. Interrelated Housing Strategies to Support Planned Growth in Federal Way #5: Mixed -income housing AT Sub -regional affordable 0 ❑ ❑ ❑ ❑ housing coordination El El 0 0 0 0 0 0 0 0 0 0 0 0 0 _ ❑❑oo0 00000 ® o0000 0000oe #4:ADUs 00000 ®n000 00000 00000 0u0o0o , ®® ®® ®® 0000�pAQQQq A 0 ❑ ©0000 ❑o0u ❑ ❑❑ou ❑ ®® ®® ®® AW �£d®� 0-l® ® 6�° 0 U0 9F ® � ° kt1® #3: Missing middle #2: Mixed use, walkable, #1: Dense, walkable, neighborhood centers mixed -use city center #6: Review school impact fees on multifamily housing #8: Protect tenants and support pathways to homeownership Exhibit 6. Housing Strategies and Related Housing Objectives #1 Promote a dense, walkable, mixed -use City • • • Center. #2 Promote mixed use, walkable subareas and • • • neighborhood centers. #3 Increase diversity in housing choice through • • • expanding "missing middle" development opportunities. #4 Encourage accessory dwelling unit (ADU) • production. #5 Ensure that financial and regulatory • incentives for mixed -income housing are effective. #b Review school impact fees on multifamily • • • housing. #7 Coordinate affordable housing development and preservation with nonprofit developers, community groups, and SKHHP. #8 Protect tenants and support pathways to • • homeownership. DRAFT June 16, 2021 17 City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies #1 Promote a dense, walkable, mixed -use City Center. In 2024, the Sound Transit Link station is planned to open and serve Federal Way's City Center, connecting residents to jobs and opportunities to the north. Puget Sound Regional Council (PSRC) designated Federal Way's City Center Core (CC-C) zone as a Regional Growth Center. A key purpose of the Regional Growth Center designation is to promote dense, walkable, mixed -used areas. Federal Way's adopted plans, policies, and Planned Action SEPA for the City Center zones call for mixed -use and transit -oriented development. However, to date, there has been limited residential development in this area. The purpose of this strategy is to enable and encourage higher density mixed -use and residential development in the City Center that provides access to transit as well as resources and amenities for current and future residents. Benefits of this strategy Encouraging dense, mixed -use development in the City Center will enable more households to live and work near the Sound Transit Link light rail, benefitting from the access to jobs and opportunities the light rail provides. It will also provide benefits to the city as a whole: ■ A livable, vibrant, people -friendly City Center that serves the full spectrum of Federal Way's residents and businesses. An example of walkable, mixed -use development that was popular with participants of Federal Way's Visual Preference Survey. Source: Bob Bengford, MAKERS. Related Strategies This strategy will be most effective when the following strategies are also implemented. ■ #2 Promote mixed -use, walkable subareas and neighborhood centers. ■ #5 Ensure that financial and regulatory incentives for mixed -income housing are effective. ■ #6 Review school impact fees on multifamily housing. Related Objectives ■ Promote Housing Options ■ Encourage Homeownership ■ Plan for Quality Growth ■ Safe and pleasant connections and gathering spaces near transit. ■ Increased access to opportunity —the ability to reach jobs, education, healthcare, and services — through improved transit access and proximity of uses. ■ A critical mass of transit riders to support the transit investment and reduce the need for single - occupancy vehicle travel. Well -planned TOD can leverage existing assets like local businesses, cultural anchors, and parks while PSRC calls for high capacity transit -served areas to have residential and commercial densities exceeding 15 to 20 homes per acre and/or 50 jobs per acre. In a Regional Growth Center densities of at least 45 people (resident/employee) per acre are desired (VISION 2040, p 81). DRAFT June 16, 2021 18 II , City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies adding new amenities and avoiding displacement. Actions Federal Way can take to implement this strategy ■ Implement the City Center Subarea Plan. Explore specific opportunities, challenges, and strategies to encourage TOD in an update to the City Center chapter of the Comprehensive Plan. Consider a phasing plan that demonstrates how the station area can intensify over time and offer flexibility to meet changing community needs. In station area planning efforts, incorporate Crime Prevention Through Environmental Design principles and funding mechanisms that promote safe and pleasant paths for people walking, biking, and rolling to transit and other amenities within the context of the total transportation network. ■ Modify Federal Way Revised Code Title 19 to ensure that zoning and development code provisions are supportive of TOD. Specific considerations: Update the City Center Core (CC-C) and City Center Frame (CC-F) zone provisions. Consider providing for minimum density standards to ensure supportive planned -for densities are achieved. Evaluate whether changes to Comprehensive Plan classifications within a % mile and % mile of transit to allow higher density zoning are necessary. ■ Leverage assets and financial opportunities to realize City Center Subarea Plan vision. Evaluate city -owned assets and future capital improvements in and around the City Center area that are appropriate for public and private partnerships. Review the city's existing Local Infrastructure Financing Tool "LIFT Tax" program for opportunities to support City Center development. Case Studies Lynnwood is also designated a Core City and Regional Growth Center by PSRC. To plan for the coming light rail, Lynnwood developed the City Center Subarea Plan (2005), Streetscape Plan (2014), Lynnwood Transit Center Multimodal Accessibility Plan (2016), City Center Subarea Implementation Strategies Report (2017), City Center Parks Master Plan (2018), City Center Design Guidelines (2019), and others. These planning efforts set the vision and development and design standards for the area and has attracted hundreds of new units prior to light rail arrival in 2024. ■ Kent's "Meet Me on Meeker' initiative is an effort to update the main corridor to the historic downtown, complement new development, and better connect residents with businesses through DRAFT June 16, 2021 19 City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies updated streetscape design and construction standards. Pairing one side of the road with wide sidewalks, a landscaped buffer/amenity zone, and on -street parking, the other featuring a multi - modal promenade that extends from community trails to the downtown. ■ Many Puget Sound cities require minimum densities around transit, including Bellevue, Bothell, Mountlake Terrace, and Redmond. Mountlake Terrace Town Center uses a minimum height —four stories —rather than a minimum density, paired with a prohibition on surface parking near the future light rail station. DRAFT June 16, 2021 20 oII'''. City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies #2 Promote mixed -use, walkable subareas and neighborhood centers. Similar to the desired amenity -rich City Center, Federal Way has opportunities to achieve dense, walkable, mixed -use areas in other locations including around future mass transit locations and smaller -scale neighborhood centers. The north and south station locations can support opportunities for new housing development that should be incorporated into future planning for the city. Higher density housing near amenities like grocery stores, retail businesses, parks, schools, services, and existing and future transit lines (see Exhibit 7) support healthy walkable communities. This strategy would include identifying housing opportunities citywide that increase housing options within a 15-minute walk to amenities. To better meet the community's housing needs, the City of Federal Way should identify opportunities to enhance and promote neighborhood centers and subarea plans to encourage local economic development for accessible, vibrant, and livable neighborhoods Well -crafted design standards are an essential component of this strategy to help shape the form of Federal Way's subareas and neighborhood centers. Such standards should integrate a strategic mix of predictability and flexibility. This includes integrating clear minimum standards for site and building design so that the community knows what to expect with new development. Options provide the developer ways to have some flexibility while still meeting the intent of the standards. Theis strategy encourages the development of market -rate townhome and condominium units to increase entry-level homeownership opportunities at a lower cost at higher densities than single-family detached housing. Shared Exhibit 7. Zoning and current/planned frequent transit service in North Federal Way t I t South 272nd 1 Station , I I TZryo ST 5]98TH IT szon;,9T r �1- 3J' r IT �``y. Federal Wtly Station $31 STr1fsT I =s. s, .t zaT1 00 Mlles �I City of Federal Way ZONING Multi -Family Zooes OP-2 RS7.2 OPlanned LINK Station C.—.iol Zones RM1800 OP-3 RS9.6 m Planned LINK Roure BC RM2400 OP-4 SE _D1/2-Mile 5tation Buffers BN RM3600 PO O RapidM6Stop CE Office Zoaes Single Family Zones Rapid Ride Bus Line Mixed -Use Zones CP-I R5I5.0 1 /4-Mile Ropid Ride Stop Bofter CC OP RS35.0 1 i 2-Mile Rapid Ride Stop Bofler CF OP-1 R55.0 Related Strategies This strategy will be most effective when the following strategies are also implemented. ■ #3 Increase diversity in housing choice through expanding missing middle development opportunities. ■ #5 Ensure that financial and regulatory incentives for mixed -income housing are effective. ■ #6 Review school impact fees on multifamily housing. Related Objectives ■ Promote Housing Options ■ Encourage Homeownership ■ Plan for Quality Growth DRAFT June 16, 2021 21 City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies wall houses are also more energy efficient$ than free-standing houses and are typically less costly to build on a per unit basis. However, Federal Way's rules for townhouses and condominiums are complex and restrictive, which makes new construction slower and more expensive than in other cities. Actions Federal Way can take to implement this strategy Continue support of Transportation Demand Management (TDM) plans to allow reduced parking requirements where appropriate. Encourage mixed -use areas to include elements that foster local economic development through partnerships with community based organizations (CBOs). Support additional long-range planning around mass transit, including the portion of the sub -area within the City of Federal Way planned at the S 272nd Street Station, the S 352nd Street Station, and neighborhood centers. El Centro De La Roza is a mixed -use development with affordable housing, retail, services, and public open space. It is located next to a Link light rail stop in the Beacon Hill neighborhood of Seattle. Source: Beacon Development Group, 2076. Modify Federal Way Revised Code Title 19 to ensure that zoning and development code provisions are supportive of walkable, mixed -use subareas and neighborhood centers. Specific considerations: 11 Craft block frontage, site, and building design standards in conjunction with the code flexibility provisions to enhance the character, compatibility, and livability of new development. Collaborate with the Public Works Department to identify alternative parking standards near the development of future mass transit. Consider amending the ground floor commercial requirement in mixed -use zones to promote flexibility. Couple code -flexibility provision with design standards to emphasize entrances and other similar active/pedestrian-friendly ground level frontages for residential uses. 11 Revise and simplify dwelling unit definitions and types outlined in FWRC 19.05.040. Case Studies ■ Wenatchee's 2019 housing code update includes design guidelines to ensure pedestrian -friendly 8 Source: U.S. Energy Information Administration, 2013. "Apartments in buildings with 5 or more units use less energy than other home types" https://www.eia.gov/todayinenergy/detail.php?id=11731. DRAFT June 16, 2021 22 TI , City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies design in higher density and mixed -use zones. Specific pedestrian -oriented streets in the historic downtown require non-residential use and have more stringent design guidance. ■ Anacortes' code includes standards for live -work units, which accommodate ground -floor residential use with the flexibility to convert to commercial use when market conditions permit. DRAFT June 16, 2021 23 eff City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies #3 Increase diversity in housing choice through expanding "missing middle" development opportunities. This strategy calls for expanding opportunities for market -rate development of missing middle housing types such as duplexes, triplexes, townhomes, cottage housing, and courtyard apartments in the Single -Family Residential (RS) zone. Currently nearly all RS zones do not allow missing middle housing types. Only RS5.0 provides limited options for missing middle housing, and this zone only accounts for 1.1% of land in Federal Way (see map). Benefits of this strategy In Federal Way and many suburban communities, nearly all housing choices fall into two categories: detached single- family homes or larger multifamily apartment buildings. Such limited options do not reflect the wide range of preferences and needs of differing family sizes, household incomes, and cultural groups. One potential solution is to encourage a larger variety of housing types, often referred to as the "missing middle." They are Single Family Zones N6k Missing Middle Zones ,kin (R55.0) W MAI-Family Zones ■ Mixed -Use Zones Related Strategies This strategy will be most effective when the following strategies are also implemented. ■ #2 Promote mixed -use, walkable subareas and neighborhood centers. considered "missing" because many zoning codes have ■ #6 Review school impact fees on multifamily blocked or disincentivized their production since the 1950s and are "middle" as they fall between single-family detached housing and larger apartment buildings. These housing types are also some of the most affordable forms of housing in terms of construction -cost -per -square -foot. In general, these types are lower cost than detached single-family homes and offer a greater range of design and locational choices than larger apartment buildings housing. Related Objectives ■ Promote Housing Options ■ Encourage Homeownership ■ Plan for Quality Growth can offer. When properly designed, missing middle housing options can be compatible with established single-family neighborhoods. Actions Federal Way can take to implement this strategy ■ Modify Federal Way Revised Code Title 19 and Title 18 to ensure that zoning and development code provisions are supportive of "missing middle" housing types in single-family zones. These include cottages, compact single-family housing, duplexes, triplexes, townhomes, and courtyard apartments/condos. ■ Analyze areas that can support redevelopment or infill development and where additional housing capacity can occur and would be supported by the neighborhoods. Integrate proposed changes into Comprehensive Plan update and FWRC. Encourage missing middle housing types of four units or more, such as courtyard apartments DRAFT June 16, 2021 24 TI , City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies and townhomes, on lots in amenity -rich areas near schools, parks, transit, or services. Allow duplexes on corner lots and to be reviewed under the same process as single-family homes, rather than requiring a separate land use approval, which adds time and cost to development. Consider lower school impact fees and expedited permitting for missing middle housing types. Revise minimum lot size for townhouse developments from the current standard of 5,000 sf per unit to improve the financial feasibility of this type of development and opportunity for infill. 11 Adopt a unit -lot subdivision ordinance to accommodate greater flexibility for integrating townhouses and other missing middle housing types. Apply lot standards to the whole development rather than individual dwelling units. See Exhibit 8 for example. Revise lot coverage permitted for higher density single-family residential uses. Allow reduced front setbacks for porches and covered entries. El Expand cottage housing and compact single-family housing options to more single-family zones and consider allowing attached units. Reevaluate cottage housing and compact single-family housing lot and design criteria and approval process. Consider a reduction to required minimum lot and an expansion to maximum development size. Revise the City's Comprehensive Plan (related to Traffic and Street Sections), Non -Motorized Plan, and Park PROS plan. Review ADA Transition Plan for required revisions. 29 --"us Examples of missing middle housing types. From top to bottom: a corner duplex, traditional townhomes with garages in rear, and a cluster of attached homes surrounding a shared open space. Source: Sightline Institute. ■ Pair all regulatory strategies to encourage new types of housing development with updated design standards to ensure compatibility and livability. 13 Add design standards for facade modulation, covered entries, pitched roofs, and integration of design details. These should also include standards on garage/driveway width and design. DRAFT June 16, 2021 25 oTI''•. City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies Case Studies ■ Kirkland recently passed missing middle -related housing amendments which made it easier to develop cottages, carriage houses, duplexes, and triplexes through expanded allowances within all low density residential zones, relaxed setbacks and parking standards, simplified the review process, and elimination of proximity limitations. They also expanded opportunities for ADUs (see Strategy 4), including allowing two ADUs on one single-family property, increasing maximum size to 1,200sf, eliminating owner occupancy requirement, allowing ADUs to be condominium units for separate ownership, and relaxing setbacks and parking requirements. Exhibit 8. Townhome Unit -Lot Subdivision Example PRELIMINARY SITE PLAN rri This is an example of a townhome unit lot subdivision. Compliance with setbacks and density standards are assessed for the entire development instead of individual lots to allow developer to have greater flexibility for integrating townhomes on infill parcels. ■ In 2019, Wenatchee revised its Source: Cone Architecture zoning code to allow duplexes, triplexes, cottage housing, and townhouses in almost all low -density residential zones. DRAFT June 16, 2021 26 oII'''. City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies #4 Encourage accessory dwelling unit (ADU) production. This strategy encourages the construction of market -rate housing options by removing code barriers and existing disincentives for accessory dwelling units (ADUs). ADUs are small dwelling units that share a parcel with an existing or concurrently -built house (the primary dwelling unit) that can provide an accessible housing opportunity for intergenerational households, aging populations, people with disabilities, as well as other household types. Detached ADUs, like a backyard cottage or garage apartment, are not connected to a house. Attached ADUs are contained within the house or are built onto the existing house but have separate living facilities (bathroom and kitchen) like a basement apartment. Benefits of this strategy All cities in Washington state with more than 20,000 residents are required to allow ADUs, but in many cities, restrictions like owner -occupancy and parking requirements make adding an ADU difficult to finance or accommodate on a site. For ADUs to play a role in reducing housing scarcity and contribute to the diversity of housing options, restrictions that severely limit ADU construction need to be reconsidered. Federal Way requires owner -occupancy in ADUs. Owner - occupancy provisions mean the homeowner is required to live in either the primary dwelling unit or the ADU. However, these provisions make it more difficult to finance ADU construction, add time to the permitting process, and are generally considered to be unenforceable. Currently, Federal Way limits ADU size to less than 40% of the primary residence and between 300 to 800 square feet. These regulations can have unintended consequences and create barriers to ADU construction. Simplifying the ADU size limits and removing the minimum lot size requirements would reduce barriers. Actions Federal Way can take to implement this strategy ■ Modify Federal Way Revised Code Title 19 to ensure that zoning and development code provisions support ADU production. DETACHED ADU ATTACHED ADU ATTACHEO(ABOVE OARAGEI ADD INTERIOR (BASEMENT)ADU INTERIOR (CONVIRTE0 GARAGE) ADU Examples of potential ADU configurations. Source: American Planning Association. Related Strategies This strategy will be most effective when the following strategies are also implemented. ■ #2 Promote mixed -use, walkable subareas and neighborhood centers. ■ 46 Review school impact fees on multifamily housing. Related Objectives ■ Promote Housing Options A detached backyard accessory dwelling unit in Tacoma. Source: Lauren-FlemisterIcity of Tacoma ■ Promote ADU development through marketing and streamlined permitting. Establish a program to promote ADUs to the community. DRAFT June 16, 2021 27 TI , City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies 13 Examine fees charged for the permitting of ADUs and look for opportunities to reduce. El Eliminate stand-alone land use application process and conduct zoning review as part of the building permit. El Simplify ADU permitting for the community by providing preapproved ADU plans at low cost. Consider including plans that are designed for those living with a disability and mobility needs and support aging in place. ■ Evaluate best practices implemented by cities successful in attaining more ADUs and recommend code revisions. Case Studies ■ In 2017, Vancouver, WA removed ADU owner -occupancy and parking requirements and allowed ADUs to be up to 50% of the size of the primary house. ■ In 2018, Olympia removed owner -occupancy and parking requirements, and increased allowed heights for ADUs to 24 feet. ■ In 2019, Burien removed its owner -occupancy requirement, removed parking requirements near transit stops, and allowed two ADUs on a lot if one is a detached ADU and the other is attached. CAST Architecture Cedar Cottage At only 467 square feet of Interlor Floor area the Cedar Cottage Is an emremely effluent footprint that provides wail daydt space for 4v1ng. necessary storage, fie, billy on ,any bites. Including sloped ones. covered outdoor porch space plus easy ezpandabhiryfor families or roommates asa two -bedroom model. Magellan Architects MADADU The one-story accessible DADU uses a ectangular plan and open floor concept to enhance me flow of spaces and promote ease of dreulatlon. 5pedflca4y, the main living spate highlights this Idea by connecting the kitchen, dim ng area, and 4ving rap', while "I'll dllpwing each space to be defined and k ralondl. Rvedot Architects Schooner This family-htendly. 1,d6asquare-foot tvroro bedroom, low.mm 0. u can provide housing for a family of roar or more. Tits design can easily be mirrored or roytetl to woh on a variety ofstes and is easily adaptable to sloping sites as well. Ahouse Studio Urban Cottage Prefab and Artisans Group The Family WOOD Studio Seattle DADU wmzct rutsttcr�r•zattm •ztwtt Urban Cottage ruasw.wF_•ram•I_ A selection of preapproved detached ADU designs available in Seattle's ADUniverse. Source: City of Seattle, 202 7. ■ In 2020, Kenmore modified its owner -occupancy provision so that it only applies in the first six - months after construction and removed minimum lot sizes. ■ In 2019, Seattle removed barriers and promoted the construction of ADUs in single-family zones by launching ADUniverse, an online central resource that includes a step-by-step guide and pre - approved Detached Accessory Dwelling Units plans. DRAFT June 16, 2021 28 oII'''. City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies #5 Ensure that financial and regulatory incentives for mixed -income housing are effective. This strategy seeks to calibrate the city's existing incentives for affordable housing to current market conditions. Periodically reviewing the productivity of incentives against the policy goals ensures incentives are aligned with community priorities. The strategy includes reviewing the measures the city has in place to determine which are effective and which may need updating to ensure that multifamily housing development effectively includes mixed -income units and supports the community's housing needs. Mixed -income housing developments include units offered at market -rate as well as units set aside for income -qualified households that are affordable at lower income thresholds. Benefits of this strategy While increased production of market -rate housing is an essential part of this Housing Action Plan, the housing market in Federal Way provides few options that are affordable to very low-income individuals and families, including income -qualified units. The city already has a variety of policy and code provisions in place to encourage the development of affordable housing designated for income -qualified households. These include: ■ Mandatory inclusionary zoning per FWRC 19.110.010(2) requires that developments with 25 units or more provide 5% of total of rental units be affordable for households with incomes at 50% AMI. ■ Optional density bonus per FWRC 19.110.010 (3)(a) allows one bonus market -rate unit for each affordable unit included in the project; up to 10% above the maximum density of the underlying zoning district. ■ Multifamily dwelling unit limited property tax exemption (also known as MFTE) program is eligible in the CC-C and CC-F residential target areas per FWRC 3.30 serving 80- 115% AM I. The implementation of these tools has not been regularly evaluated or monitored for efficacy. Related Strategies This strategy will be most effective when the following strategies are also implemented. ■ #1 Promote a dense, walkable, mixed - use City Center. ■ #2 Promote mixed -use, walkable subareas and neighborhood centers. ■ #6 Review school impact fees on multifamily housing. Related Objectives ■ Promote Housing Options ■ Encourage Homeownership ■ Plan for Quality Growth -_7„■ ,, ems» C?-,! = BLOCKS BIOLKA The So/era mixed -income project in Renton will begin construction in 2027. It includes 275 affordable housing apartments, 275 market -rate apartments, 7 02 for -sale townhomes, childcare facilities, and commercial retail space. It was enabled in part by fee waivers as well as a multifamily tax exemption. Source: Tiscareno Associates. DRAFT June 16, 2021 29 City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies Actions Federal Way can take to implement this strategy The city should review its existing program of incentives to determine the effectiveness of current parameters. ■ Conduct a study to evaluate the financial incentives and impacts of the existing mixed -income provisions on multifamily development. ■ Monitor the income -qualified units created by these provisions. ■ Periodically evaluate provisions and implement changes as necessary to promote mixed -income developments. ■ Consider development of 10-year targets. (Additional recommendations for target -setting are in the following chapter.) DRAFT June 16, 2021 30 oII'''. City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies #6 Review school impact fees on multifamily housing. Related Strategies This strategy addresses the school impact fees that are This strategy will be most effective collected from new housing units to partially fund capital when the following strategies are also facilities necessary to accommodate the resulting growth in implemented. students attending Federal Way Public Schools. Federal Way's 0 #1 Promote a dense, walkable, mixed - school impact fees for multifamily housing are high compared use City Center. to other cities in the region and should be reviewed jointly ■ #2 Promote mixed -use, walkable with the school district. subareas and neighborhood centers. Currently, children and youth make up a larger portion of the ■ #4 Encourage accessory dwelling unit population in Federal Way than in King County as a whole: (ADU) production. 27% of Federal Way residents are aged 19 or under, compared with 22% of King County residents. Furthermore, ■ #5 Ensure that financial and regulatory student generation rates for multifamily housing in Federal incentives for mixed -income housing Way are 2.7 times higher than the King County composite are effective. rate. Related Objectives ■ Promote Housing Options Benefits of this strategy ■ Encourage Homeownership No new multifamily housing projects subject to school impact fees have occurred since the fees increased in 2017 from ■ Plan for Quality Growth approximately $8,000 per new unit to $20,000 per new unit. While the methodology for the increase was based in state FEDERAL WAY statute, county code, and upon co -adoption by the city, stakeholder input indicated that local developers do not PUBLIC SCHOOLS Each Scholar. A voice. A dream. A BRIGHT future, consider Federal Way to be a viable location for new multifamily development due to its higher school impact fees. Despite an adjustment in December 2020 by the City and FWPS in which the aggregate impact fee was lowered, no new multifamily development permits subject to the fees have TI been submitted. fake LWe crd+nry s Wul Actions Federal Way can take to implement this strategy ■ ■ Annually review and adjust, if needed, school impact fees ' ■ „�;. ■� for multifamily housing with consideration for both FWPS' need for funding of future facilities and the city's policy goals of encouraging housing production and diversity. ■ Clarify school impact fee rates for ADUs, townhomes, duplexes, and triplexes. Source: The Federal Way Public Schools Capital Facilities Plan (2020). DRAFT June 16, 2021 31 oll.11 'r'_ City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies # 7 Coordinate affordable housing development and preservation with nonprofit developers, community groups, and the South King Housing and Homelessness Partners (SKHHP). This strategy seeks to prevent displacement through regional collaboration to promote and preserve adequate affordable housing supply. Benefits of this strategy There are many opportunities to work with community entities that are interested in meeting the housing needs in Federal Way. This work can include, but is not limited to, coordinating with organizations that provide rental assistance, affordable housing developers, religious institutions, anti -racism and racial equity advocates, and community based organizations. Addressing Federal Way's housing needs will require creative solutions that cannot be achieved by the city alone. The Housing Needs Assessment found that nearly 40% of all households in Federal Way are cost -burdened (over 13,000 in total), meaning they are spending more than 30% of their income on housing. There is a shortage in the affordable units available relative to the number of households and individuals that are housing cost -burdened. Furthermore, housing insecurity and vulnerability to displacement does not affect all groups equally. On average, over 2% of renter households in Federal Way experienced an eviction filing each year between 2004 and 2017. This rate is nearly double for Black households, echoing similar patterns of inequitable outcomes in other South King County communities. In addition to addressing the scale of need, collaboration and sharing of data, technical expertise, policy expertise, and experience can strengthen the city's ability to improve Related Strategies This strategy will be most effective when the following strategies are also implemented. ■ #3 Increase diversity in housing choice through expanding "missing middle" development opportunities. ■ #5 Ensure that financial and regulatory incentives for mixed -income housing are effective. ■ #8 Protect tenants and support pathways to homeownership. Related Objectives ■ Promote Housing Options ■ Preserve Affordable Housing Laurelwood Gardens is an income -qualified housing development in Federal Way owned and managed by the King County Housing Authority. housing policies and regulations to meet its objectives. For example, currently Federal Way has eight manufactured home parks with approximately 1,018 homes. Manufactured Home Parks (MHPs) provide naturally occurring affordable housing (NOAH)9 and homeownership opportunities in Federal Way to low-income households including many senior households. Collaborating with regional partners on the role of cities in regulating MHPs and options for reducing displacement pressure on MHPs can help Federal Way calibrate its policy and regulations 9 Naturally occurring affordable housing (NOAH) refers to housing that is not required to be income -qualified, but happens to be offered on the market at a lower cost than is typical. In some cases, these units may be in older buildings or buildings in poorer condition. DRAFT June 16, 2021 32 City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies to achieve its stated objectives. Actions Federal Way can take to implement this strategy Collaboration will be essential to meeting the housing needs in Federal Way. Success will require a combination of actions, such as: ■ Coordinate with the Diversity Equity and Inclusion Manager to establish mutually beneficial relationships with CBOs serving BIPOC communities that are disproportionately vulnerable to displacement and historically marginalized in local policy discussions.10 ■ Coordinate with the South King Housing and Homeless Partners (SKHHP) network to support a capital fund for affordable housing opportunities. ■ Monitor income -qualified affordable housing properties with expiring covenants. ■ Require notice of intent to sell for properties with rents under a certain affordability threshold. ■ Support MHP preservation and mitigate displacement for residents from closure or redevelopment. This action may include coordination with MHP owners, residents, and advocates to identify opportunities such as creating a city webpage with resources and key materials, options for reducing hardship on residents, and promoting alternative ownership models when appropriate. ■ Work with nonprofit and religious institutions interested in developing property for affordable housing. 10 See Appendices Appendix A: Federal Way Housing Needs Assessment DRAFT June 16, 2021 33 oII'''. City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies #8 Protect tenants and support pathways to homeownership. This strategy calls for the City to expand tenant protections to ensure housing safety and collect data on rental properties in the city. Throughout South King County, the largest share of housing that is accessible to households with middle and low -incomes is provided by private owners in the open market. Housing in Federal Way also includes naturally occurring affordable housing (NOAH) that is affordable by nature of its age, location, condition, or amenities. Current market conditions include a deficit of affordable housing options, and households that rent are vulnerable to exploitation given the lack of housing options in the community. A tenant may be disinclined to report unsafe or unhealthy housing conditions for fear of retribution and/or eviction. In 2019, Federal Way residents passed the "Stable Homes Initiative", which created new protections for renters. Specifically, it limits the reasons for which a landlord can evict a tenant, requires a 120-day notice period when the landlord is removing the property from the market, and requires landlords to give tenants the option to renew a lease with at least 60 days' notice prior to lease expiration. The city also provides limited financial support via grants to nonprofits for legal assistance and credit counseling to prevent evictions. Another important way to provide more housing and economic security for renter households is to provide better pathways to homeownership. The Housing Needs Assessment identified barriers to achieving homeownership that BIPOC households Related Strategies This strategy will be most effective when the following strategies are also implemented. ■ #3 Encourage Diversity in housing choice through expanding "missing middle" development opportunities ■ #7 Coordinate affordable housing development and preservation with nonprofit developers, community groups, and the SKHHP. Related Objectives ■ Encourage homeownership ■ Preserve Affordable Housing STABLE HOMES FEDERAL WAY The Stable Homes Federal Way campaign was a community -led effort to strengthen tenant protections. often experience, and these barriers result in wide disparities in homeownership rates.11 Therefore this strategy also includes actions the city can take to reduce these barriers. Benefits of this strategy ■ Monitoring and maintaining existing affordable housing units can often be cheaper than constructing new units (although both are needed). ■ Homeownership can provide households with greater economic security and the ability to generate 1168% of White households are homeowners in Federal Way compared to just 28% of Black households. Source: HUD CHAS (based on ACS 2013-2017 5-year estimates). DRAFT June 16, 2021 34 City of Federal Way Housing Action Plan I Housing Action Plan Objectives and Strategies wealth that can be passed on to future generations. ■ Increased homeownership rates can also improve the stability of neighborhoods and formation of longer -term social ties among residents. Actions Federal Way can take to implement this strategy ■ Develop an inspection program and inventory of rental housing units in Federal Way to monitor their condition. ■ Provide additional tenant education and legal assistance. ■ Partner to provide first time homebuyer educational programs, with special emphasis on the unique needs of BIPOC and immigrant communities. DRAFT June 16, 2021 35 s i City of Federal Way Housing Action Plan I Implementation and Monitoring Implementation and Monitoring Strategies and actions proposed in this HAP must be implemented by the city to have an impact on housing development. Implementation will require significant staff time and resources as well as coordination with non -city partners. This chapter provides a framework for prioritizing strategy and action implementation as well as developing a workplan to guide staff efforts and resource allocation over the next several years. The HAP as a whole is intended to be reviewed in conjunction with the Comprehensive Plan periodic review every eight years. Frequent updates on the implementation of the HAP strategies and actions will be presented to the City Council for monitoring and evaluation of progress. IMPLEMENTATION MATRIX AND PRIORITY SCHEDULE The Implementation Matrix and Priority Schedule (Exhibit 9) lists each strategy and notable actions. It also includes additional information to inform implementation planning and prioritization. ■ Priority Each strategy and action will require different levels of partnership, staff time, and potential funding to be fully implemented. Each of the actions includes a prioritization of short- term (ST) 0-3 years (2021-2024) medium -term (MT) 3-7 years (2024-2028), and long-term (LT) 7 or more years (after 2028). These timeframes assume full and timely resource allocation of staff and necessary funds. ■ Level of Effort refers to the anticipated amount of resources as well as costs for technical studies years to implement the actions if staff and resources are available. Low -effort actions can be implemented without the allocation of additional resources. Medium -effort actions will require additional staff time or resources and possibly consultant support to implement. High -effort actions will likely require significant additional staff time, funding resources, and possibly consultant support to implement. ■ Department/Division/Partners lists the city department/division responsible for implementation as well as other collaborators necessary for the action to be a success. ■ Implementation Milestones lists milestones for tracking successful implementation, such as adopting a plan or code amendment. The following section, Monitoring Progress, includes a list of metrics that Federal Way can use to measure the overall effectiveness of these strategies for achieving the four HAP objectives. DRAFT June 16, 2021 36 InmTI r City of Federal Wav Housine Action Plan I Implementation and Mnnitnrinn Exhibit 9. Implementation Matrix and Priority Schedule Strategy/Action Priority Level of Department/ Implementation Effort Division/ Milestones Partners #1 Promote a dense, walkable, mixed -use City Center. Audit City Center -Core (CC-C) and City ST Medium ■ Planning ■ Conduct an audit and Center -Frame (CC-F) zones to ensure present findings developments standards are supportive of •Public Transit Oriented Development (TOD). .................................................................................................. Works Evaluate city -owned assets and future ST Medium ■ Planning ■ Number of capital improvements in and around the public/private City Center area appropriate for public ■PubWorks . partnerships and private partnerships. ......... ......... ....................................................................................................................................... ......... established ......... Implement code revisions for the City ST/MT High ■ Planning ■ Code amendments Center Subarea Plan adopted Review and refine the City's existing Local .................................................................................................. MT Medium ■ Planning ■ Revenue from LIFT Infrastructure Financing Tool "LIFT Tax" Tax program for opportunities to support City ■Finance Center development. ■ Pub. Works .................................................................................................. ■ Parks ......... ........ Develop wayfinding plan that is inclusive MT Medium ■ Planning ■ Create wayfinding and accessible for people with disabilities. plan ■ Consultant #2 Promote mixed -use, walkable subareas and neighborhood centers. Continue support of Transportation Demand ST Medium ■ Planning ■ Inventory of TDM Management (TDM) plans to allow reduced plan created parking requirements where appropriate. ......... •Pub. Works ......... ......... ......... ......... .......... Encourage mixed -use areas to include ST Medium ■ Planning ■ Partnerships elements that foster local economic established development through partnerships with ■ Pub Works community based organizations (CBOs). Support additional long-range planning ST/MT Medium ■ Planning ■ Subarea planning, around mass transit, including the planned S interjurisdictional 272nd Street Station, and S 352nd Street collaboration Station, and neighborhood centers. .................................................................................................._..........................................................._................................................................................................................................................................................... Consider alternative code provisions to MT Medium ■ Planning ■ Code amendments remove barriers to development supportive adopted of this HAP. ................................................ Collaborate with the Public Works MT/LT Low ■ Planning ■ Establish an department to identify areas for creative interdepartmental parking standards near the development of •Pub. Works work group future mass transit stations. DRAFT June 16, 2021 37 1� City of Federal Way Housing Action Plan I Implementation and Monitoring Strategy/Action Priority Level of Department/ Implementation Effort Division/ Milestones Partners #3 Increase diversity in housing choice through expanding "missing middle" development opportunities. .... .......... Identify and remove barriers to the MT Medium ■ Planning ■ Code amendments development of "missing middle" housing expanding "missing types in single-family zones. middle" adopted Adopt a unit -lot subdivision ordinance to MT Medium ■ Planning ■ Ordinance adopted accommodate greater flexibility for integrating townhouses and other missing middle housing types. Apply lot standards to the whole development rather than individual dwelling units. Add design standards for facade MT Medium ■ Planning ■ Code amendments modulation, covered entries, pitched roofs, updating design and integration of design details. These standards adopted should also include standards on garage/driveway width and design. #4 Encourage accessory dwelling unit (ADU) production. .............................................................................................. _........................................................................................................................................................................................................ Remove regulatory barriers to ADU ST Medium ■ Planning ■ Updated production and streamlined permitting. Also development examine fees charged for the permitting of •Finance regulations ADUs and look for reductions. ■ Public Works 'Monitor ADU applications and review timeline Promote ADU development with marketing MT High ■ Planning ■ Establish ADU promotion campaign ■ Building on City website ■ Architect #5 Ensure that financial and regulatory incentives for mixed -income housing are effective. Conduct a study to evaluate the financial MT Medium ■ Planning ■ Study completed incentives and impacts of the existing mixed -income provisions on multifamily development. Monitor the income -qualified units created MT Low ■ Planning ■ Inventory of income by these provisions. restricted units ■ Community created, and monitor Services over time Periodically evaluate provisions and MT/LT Medium ■ Planning ■ Evaluations implement changes as necessary to conducted promote mixed -income developments. ...................................................................................................................... ........ ......... DRAFT June 16, 2021 38 T� a City of Federal Way Housing Action Plan I Implementation and Monitoring Strategy/Action Priority Level of Department/ Implementation Effort Division/ Milestones Partners ■ Necessary changes implemented #6 Review school impact fees on multifamily housing Annually review and adjust, if needed, ST Medium ■ Planning ■ Annual review school impact fees for multifamily housing conducted with consideration for both FWPS' need for •Finance funding of future facilities and the city's ■ FWPS 'Adjustments to school policy goals of encouraging housing impact fees adopted, production and diversity. if necessary Clarify school impact fee rates for MT Low ■ Planning ■ Code amendment townhomes, duplexes, and triplexes. ■ FWPS ......... ......... ......... ......... ... #7 Coordinate affordable housing development and preservation with nonprofit developers, community groups, and the South King Housing and Homelessness Partners (SKHHP) Coordinate with the Diversity Equity and ST Low ■ Human ■ Established mutually Inclusion Manager to establish mutually Resources beneficial beneficial relationships with community partnerships with based organizations (CBO) serving BIPOC •Community CBOs communities that are disproportionately Services vulnerable to displacement and historically excluded. Coordinate with the South King Housing ST High ■ Planning ■ City investment in and Homeless Partners (SKHHP) network to capital fund support a capital fund for affordable ■Community Services housing opportunities. ■ Finance Monitor income -qualified affordable MT Medium ■ Planning ■ Create/maintain a housing properties with expiring covenants. database of ■ Community affordable housing Services preservation opportunities Require notice of intent to sell for MT Medium ■ Planning ■ Adopt notice of intent properties with rents under a certain to sell ordinance affordability threshold. ■ Enforcement of ordinance Support Manufactured Home Park (MHP) MT/LT Medium ■ Community ■ Relationship building preservation and mitigate displacement for Services with residents and residents from closure or redevelopment. landowners ■ Planning ■ Webpage added to the city website DRAFT June 16, 2021 39 1� City of Federal Way Housing Action Plan I Implementation and Monitoring Strategy/Action Priority Level of Effort #8 Tenant Protections and Pathways to Homeownership Develop an inspection program and ST High inventory of rental housing units to monitor their condition. Provide additional tenant education and legal assistance. Partner to provide first time homebuyer educational programs. Work with nonprofit and religious institutions interested in developing property for affordable housing. MONITORING PROGRESS MT High .. ......... ......... ......... MT Medium MT Medium Department/ Implementation Division/ Milestones Partners ■ Community ■ Rental inspection Services program adopted ■ Planning ■ Inventory of rental ■ Building units inspected ■ Community ■ Establish or partner Services to provide tenant education and legal ■ Building .................................... assistance program .......... ■ Community ■ Educational program Services offered and accessible to community ■ Community ■ Partnerships Services developed In addition to the actions listed above for implementing the eight strategies, Federal Way should also establish a monitoring program to measure progress towards achieving each of the four HAP objectives. Below is a discussion of monitoring for each objective. Objective 1: Promote new market -rate and affordable housing development that expands housing production and choices and is inclusive to community needs. This objective is fundamentally about increasing the rate of housing production in Federal Way as well as the diversity of housing types being built. As discussed in Appendix A: Housing Needs Assessment, between 2020 and 2040 Federal Way will need to add 6,786 new housing units to accommodate population growth and account for past underproduction.' This equates to an average of 339 additional units per year. Exhibit 10 breaks down the total units needed by level of affordability. It also shows housing types commonly associated with that affordability level in the Federal Way housing market. While these housing types do not reflect the housing preference of all households at these affordability levels, they provide a guide for setting reasonable housing production targets by housing type. DRAFT June 16, 2021 40 1.0 City of Federal Way Housing Action Plan I Implementation and Monitoring Exhibit 10. Total Additional Housing Units Needed in 2040 by Affordability Level (% of AMI) 0-30% 950 48 Income -qualified affordable housing 30-50% 1,289 64 ADUs; Income -qualified affordable housing in .......................................... mixed -income buildings 50-80% 1,629 81 Market -rate apartments, multiplex, condominiums 80-100% 814 41 Market -rate townhomes 100%+ 2,104 105 Market -rate single-family homes and townhomes Sources: OFM, 2079; PSRC, 2077; ECONorthwest Calculation, 2020; BERK, 2027. If housing costs continue to rise faster than incomes in Federal Way, many existing homes will become less affordable over time. For example, a single-family home that is affordable today at 80% of AMI may only be affordable at 100% of AMI in 2030. These rising costs reduce the supply of housing available at lower affordability levels and increase the economic displacement pressures faced by current residents. Therefore, it may be appropriate to set higher production targets for less expensive housing types in anticipation of losses at those affordability levels, and lower targets for single-family homes as indicated in Exhibit 10. Objective 2: Encourage homeownership opportunities and support equitable housing outcomes. There are a few important ways to measure achievement of this objective. First is measuring the production of new housing units suitable to homeownership. Exhibit 10 already includes some basis for selecting average annual production targets for ownership housing types like condominiums, townhomes, and single-family homes. Additional measure of success could include: ■ Increasing the total number of homeowners in Federal Way: It is quite possible the homeownership rate in the city will start to slowly fall in years to come due to the anticipated increase in apartment development in the City Center. However, the total number of homeowners will be an important metric for evaluating if homeownership is becoming available to more residents. ■ Narrowing or eliminating the homeownership gap between White and BIPOC households: Federal Way should monitor the difference between new homeownership totals for White and BIPOC households. Efforts to reduce barriers to homeownership for BIPOC households will be successful if they reduce racial disparities in homeownership. DRAFT June 16, 2021 41 1p�MM !:'•�•. City of Federal Way Housing Action Plan I Implementation and Monitoring Objective 3: Plan for continued growth to ensure that the built environment promotes community development and increases the quality of life for Federal Way's existing and future residents. Achievement of this objective is more difficult to measure directly, since "quality of life" is interpreted differently by residents. However, there are some indicators that can be used to determine if the intent of this strategy is achieved: ■ Addition of new community amenities such as parks, bike and pedestrian infrastructure, or public gathering spaces in areas that receive housing growth: This will help the city evaluate if it is successful in focusing new publicly or privately funded improvement in areas that receive new housing. ■ Increased Walkscore in station areas: Walkscore measures the density and diversity of amenities (such as grocery stores, retail, restaurants, entertainment, or childcare) within walking distance of a point of interest, as well as the quality of the pedestrian environment. Increases in Walkscore will indicate that the station areas are growing in ways that make more amenities available to both new and existing residents. ■ Increased density of new development in station areas: Federal Way can monitor the achieved density of new projects proposed and built within Link station areas it is transit -supportive and consistent with transit oriented-development.12 Objective 4: Preserve existing affordable housing stock to limit displacement pressure. Federal Way's current supply of housing affordable to households with incomes less than 50% of AMI includes both income -qualified, affordable housing as well as naturally occurring affordable housing. Both kinds of housing are at risk. There are a few indicators to support monitoring achievement of this objective. ■ Total units of preserved income -qualified affordable housing: This indicator measures the effectiveness of Federal Way's work to collaborate with SKHHP in identifying opportunities for affordable housing preservation. ■ Total units of income -qualified affordable housing lost: Once Federal Way begins monitoring regulated affordable housing, it will be able to monitor when these units are lost due to expiring covenants that regulate affordability and/or when units are demolished in favor of new development. 12 See Strategy 1 for a discussion. DRAFT June 16, 2021 42 Appendices APPENDIX A: FEDERAL WAY HOUSING NEEDS ASSESSMENT City of Federal Way Housing Needs Assessment Contents Introduction........................................................................................................................................... 1 Summaryof Findings................................................................................................................................................. 1 HousingTerminology.................................................................................................................................................4 CommunityProfile................................................................................................................................ 7 Population................................................................................................................................................................... 7 Households................................................................................................................................................................10 EmploymentProfile.............................................................................................................................20 Employmentand Wages........................................................................................................................................20 Travelto Work.........................................................................................................................................................22 HousingInventory...............................................................................................................................24 HousingSupply Characteristics.............................................................................................................................24 Homeownership........................................................................................................................................................27 RentalHousing..........................................................................................................................................................32 HousingProduction..................................................................................................................................................34 SubsidizedHousing..................................................................................................................................................36 GapAnalysis...................................................................................................................................... 37 Housing Needed to Accommodate Further Growth..........................................................................................37 IIIDecember 2020 City of Federal Way I Housing Needs Assessment DOS _ Introduction This housing needs assessment presents an evaluation of current housing needs and supply in Federal Way, across the full spectrum of household types and income levels. This assessment will help evaluate potential options and guide implementation so that the Housing Action Plan (HAP) plan strategies are based on data and connect to the needs of residents. The assessment helps to answer the following kinds of questions: ■ Who lives and works in Federal Way and what are their socioeconomic characteristics? ■ What types of housing are available in Federal Way? ■ Are there any groups of people who are not able to find housing that is safe, inclusive, and meets their household needs? ■ How much housing, and what types of housing, are needed to meet current and future housing needs of Federal Way residents? This housing needs assessment is organized into four main sections: a community profile, an employment profile, a housing inventory, and a gap analysis. Below is a summary of overall findings. SUMMARY OF FINDINGS For many years Federal Way has been a place where people could live affordably in the Puget Sound region. The community offers lower- and moderate -income housing within a short commute of both Seattle and Tacoma. It also offers higher income housing with sweeping views and easy access to the Puget Sound. Regional growth pressures resulted in greater demand for housing and higher prices for housing in and around Seattle. Growth did not occur evenly throughout the region, resulting in a unique pattern of housing needs and demands for Federal Way. Federal Way's demographics highlight that the community needs a range of housing types to accommodate its population. Housing is needed for families with children, larger households, and smaller one- and two -person households. Like most of the region, Federal Way also has a growing number of older adults. Variety in Federal Way's housing is necessary to meet the needs of changing needs of community members throughout their lifecycle. ■ Children and youth make up a larger portion of the population in Federal Way than in King County as a whole: 27% of Federal Way residents are age 19 or under, compared with 22% of King County residents. ■ Nearly 20% of Federal Way's population is over age 60 and an additional 1 3% of the population will reach that age within the next 10 years. ■ Whereas the King County overall has 8% of households with five or more members, 1 3% of Federal Way households are in this category. ■ About a quarter of all households have only one or two members in Federal Way. This is slightly below the King County trend but speaks to a continued need for smaller unit housing. :III December 2020 City of Federal Way I Housing Needs Assessment Since Federal Way historically provided an affordable option for people seeking housing in the region, it was an attractive community for households with low and moderate incomes. However, rising regional prices have increased housing costs in Federal Way, resulting in high levels of household cost burden. Cost burden occurs when households spend more than 30% of their income on housing costs. Households experiencing cost burden have less money available for other essential expenses such as childcare, food, healthcare, transportation, and education. Rising rents also increase the rate of eviction and are the primary driver of homelessness in Washington State.' As a result, cost burden increases the need for a variety of community supports and social services. Nearly 40% of all households in Federal Way are cost -burdened (over 13,000 households in total). Cost burden is most common among both owner and renter households with incomes below 50% of area median income (AMI). Housing costs are rising faster than incomes. The median annual wages in the four largest employment sectors in Federal Way —health care and social assistance, retail trade, accommodation and food services, and educational services —range between approximately $32,000 and $51,500. Affordable monthly housing costs for such incomes range from $798 to $1,289. On average, over 2% of renter households in Federal Way experience an eviction filing each year between 2004 and 2017. This rate is nearly double for Black households, echoing similar patterns in other South King County communities. Eviction is extremely traumatic and disruptive. It often results in homelessness and/or prolonged housing insecurity. In addition, rising housing costs and cost burden are barriers to homeownership. Homeownership is an important mechanism for building and securing household wealth and for creating investment in the community. The barriers to homeownership are multi -faceted and not unique to Federal Way, but they still profoundly affect the community. Homeownership requires financial means, including a stable income and savings for a down payment, that put it out of reach for many households based on income limitations or existing cost -burden. Even when households may have the means, homeownership requires a knowledge base that is not shared by all. This includes knowing about building and repairing credit, application processes and procedures, and banking. BIPOC (Black, Indigenous, People of Color) households disproportionately lack access to this knowledge base, particularly those households who do not come from a tradition of homeownership due to immigration status or systemic inequities. Addressing the barriers to homeownership is an important need for supporting equity and community -building in Federal Way. New housing production has been far slower than is necessary to meet both existing and expected future demand for housing in Federal Way. Housing production shortages increase competition for available units and drive up rents and housing prices. New housing is needed at all affordability levels in the community and to meet a variety of household needs. This includes both smaller and larger unit types, rental and ownership units, and housing for households with moderate and low incomes. This may include single-family housing, multifamily housing, and a variety of "missing middle" housing types that offer attached single-family or smaller -sized multifamily housing such as duplexes, townhomes, or cottages. Federal Way needs to add about 6,800 new units before 2040 to accommodate population growth and account for past underproduction. This equates to an average production of 339 additional units ' Washington State Department of Commerce, 2018, Drivers of Homelessness in Washington State. each year, a 68% increase over recent housing production trends. ■ Federal Way has seen no new multifamily housing permit activity since mid-2017 following a moratorium on multifamily housing permits and an increased impact fee to support the Federal Way School District. ■ At least a third of the existing housing gap is for Lower -income households (making 50% of AMI or less). Most residents in this income range would require a housing subsidy to afford housing without being cost -burdened. ■ Federal Way has seen little production of "missing middle" housing, such as duplex or multiplex (3-4 unit) units. Only about 9% of Federal Way's housing stock consists of these types. ■ For some in the development community, Federal Way is seen as "built out" based on its existing zoning. Zoning changes that allow additional density or development types could support new development. There is increased awareness of the need to address systemic inequities that have affected BIPOC for generations in the United States. In Federal Way, like other places, the results of these inequities can be seen in disparities in income, homeownership, and evictions. While this an issue that Federal Way will not solve alone, improving equity for BIPOC residents can start with a commitment to addressing housing disparities. Reducing cost burden, which disproportionately affects BIPOC households, provides families with opportunities to invest in their future. It is particularly important to increase the supply of housing affordable to households with income below 50% AMI, for whom cost burden is particularly impactful. Programs that support pathways to ownership for BIPOC households would increase BIPOC's share of investment and wealth -building in the community and begin to reverse historical trends of exclusion and systemic racism. Federal Way can address housing needs and challenges and improve conditions for existing residents through its Housing Action Plan. New investments in housing are also an opportunity for community - building that will enhance quality of life and support smart, equitable, and healthy growth in Federal Way. Regional investments in light rail provide the opportunity for new housing choices and transit - oriented development (TOD) around Federal Way's new light rail stations. Building new housing around community assets such as transportation, social services, employment, education, and childcare supports growing families and older adults aging in place. New housing provides the opportunity to integrate such assets in parts of the community where they are less available. HOUSING TERMINOLOGY Below are definitions of terms, data sources, and acronyms used in this needs assessment. Housing Types Affordable Housing. The U.S. Department of Housing and Urban Development (HUD) considers housing to be affordable if a household spends no more than 30 percent of its income on housing costs. A healthy housing market includes a variety of housing types that are affordable to a range of different household income levels. However, the term "affordable housing" is often used to describe subsidized and income -restricted housing available only to qualifying low-income households. Income -restricted housing can be located in public, nonprofit, or for -profit housing developments. It can also include households using vouchers to help pay for market -rate housing. Inclusionary Housing. In this study, "inclusionary housing" refers to the vision of supporting a local housing market that provides a diversity of housing types at different affordability levels and meets the diverse social, geographical, and design needs of individuals and families. The goal is to make sure there are housing options are attainable to anyone who wishes to live in Federal Way, inclusive of their level of income. Income Measures Area Median Income (AMI) refers to HUD Area Median Family Household Income. HUD calculates AMI for counties or metropolitan regions.' Federal Way is in the Seattle -Bellevue Metro Area, which includes all of King and Snohomish counties. In 2020, the Seattle -Bellevue Metro AMI was $1 1 3,300 for a 4-person household. HUD sets income limits to qualify for affordable housing relative to AMI. When classifying households by income level, HUD adjusts these income limit thresholds based on household size. This reflects the fact that housing and living costs are higher for larger households than they are for smaller households. Cost Burden. Households that spend more than 30 percent of their gross income on housing, including utilities are considered "cost -burdened." Cost -burdened households have less money available for other essentials, like food, clothing, transportation, and medical care. Income -Restricted Housing. This term refers to housing units that are only available to households with incomes at or below a set income limit and are offered for rent or sale at a below -market rates. Some income -restricted rental housing is owned by a city or housing authority, while others may be privately owned. In the latter case, the owners typically receive a subsidy in the form of a tax credit or property tax exemption. As a condition of their subsidy, these owners must offer a set percentage of all units as income -restricted and affordable to households at a designated income level. Low -Income. Households that are designated as "low-income" may qualify for income -subsidized housing units. HUD categorizes households as "low-income," "very low-income," or "extremely low- income" relative to area median income (AMI), with adjustments for number of household members. 2 Note that HUD sometimes refers to HUD Area Median Family Income as just Median Family Income, or MFI. See https://www.huduser.gov/portaI/datasets/iI.htmI Exhibit 1 summarizes these categories and income limits by household size for the Seattle -Bellevue Metro area, which includes Federal Way. ■ Median family income is calculated based only on the incomes of family households (those with two or more related persons living together). Median family income is typically higher than median household income (which is based on all households, including one -person households). ■ Severe Cost Burden. Households spending more than 50 percent of their gross income on housing, including utilities, are "severely cost -burdened." Severely cost -burdened households have less money available for other essentials, like food, clothing, transportation, and medical care. Exhibit 1. Income Limits for Grouping Households by Income Level in Seattle -Bellevue Metro Area Extremely Low- 30% $25,080 $28,680 $32,250 $35,820 $38,700 $41,580 Income Very Low- 50% $41,800 $47,800 Income ......... ......... ......... ......... Low -Income 80% $66,880 $76,480 ......... ......... ......... ......... ......... Middle -Income 100% $79,310 $90,640 Sources: HUD, 2020; BERK, 2020. Data Sources $53,750 $59,700 $64,500 $69,300 $86,000 $95,520 $103,200 $1 10,880 ...... ......... ......... ........ ............... ......... ......... ......... ......... $101,970 $1 13,300 $122,360 $131,430 ■ The American Community Survey (ACS) is an ongoing nationwide survey conducted by the U.S. Census Bureau. It is designed to provide communities with current data about how they are changing. The ACS collects information such as age, race, income, commute time to work, home value, veteran status, and other important data from US households. ■ The Comprehensive Housing Affordability Strategy (CHAS) is a dataset published by HUD. Based on custom data tabulations from the ACS, the CHAS provides insight into current housing circumstances, needs, and problems, with an emphasis on the needs of low-income families. ■ Qualitative Data. BERK and MAKERS collected qualitative information from community and housing industry stakeholders to better understand housing Federal Way. Information was collected through interviews, small group discussions, and the Stakeholder Advisory Group. Households and Individuals ■ Household. A household is a group of people living within the same housing unit.3 Such individuals may be related. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit, is also counted as a household. People living in college dormitories, military barracks, nursing homes, or other "group quarters" are not considered to be living in households. ■ Householder. This is an adult resident who answered the Census survey on their household's behalf. Summaries of households by race or ethnicity typically focus on the race or ethnicity of the householder, and other members of the household may identify with other racial or ethnic groups. ■ Household Income. The U.S. Census Bureau defines household income as the sum of the income of all people 15 years and older living together in a household. ■ Black, Indigenous, and People of Color (BIPOC). In this report, we use "Black, Indigenous, and people of color" to refer to people who identify as any race other than White alone, as well as Hispanic and Latino persons of any race. 3 The Census Bureau sometimes refers to "occupied housing units" and considers all persons living in an occupied housing unit to be a single household. So, Census estimates of occupied housing units and households should be equivalent. Community Profile POPULATION As of 2020, the estimated population of Federal Way is 98,340. Since 2010, the City of Federal Way has grown at an average annual rate of 1.1 %, which is below the countywide average annual growth rate of 1.6%.4 Age of Population Children and youth make up a larger portion of the population in Federal Way than in King County as a whole: 27% of Federal Way residents are aged 19 or under, compared with 22% of King County residents. This indicates that housing for families with children is a need within the City of Federal Way. Federal Way has a proportionally smaller population of young adults aged 20 to 39: this group makes up 28% of Federal Way residents but 32% of King County residents (Exhibit 2). Similar to King County as a whole, nearly 20% of Federal Way's population is over age 60 and an additional 1 3% of the population will reach age 60 within the next 10 years. Many of these residents will have specific and changing housing needs as they age. A diversity of housing types can be an important asset to support independent adults that are aging in place. Single-family homes may work for some aging adults, but others may require or desire maintenance -free housing or need accommodations for limited mobility or sensory impairments. Services, health care, social opportunities, shopping, transportation, and other needs may be more accessible to older adults who live in denser neighborhoods with those opportunities nearby. While many of the older households in Federal Way have the financial means to afford adequate housing and services, many others will not. 4 Washington State Office of Financial Management. 2020. "April 1 population estimates." https://www.ofm.wa.gov/washington-data-research population-demographics[population-estimates/april-l-official- population-estimates IIIDecember 2020 City of Federal Way I Housing Needs Assessment 7 Exhibit 2. Population Distribution by Age and Gender in City of Federal Way (left) and King County (right) 70 years and rner 70 years and over 5%M 60 to 69 years -� 60 to 69 years 5% 50 to 59 years -� 50 to 59 years L 6% 40 to 49 years -� 40 to 49 years ■ 7% 30 to 39 years 30 to 39 years or 8% 20 to 29 years 20 to 29 years L. 7% 10 to 19 years -� 10 to 19 years 5% 0 to 9 years -� 0 to 9 years ■Male ■Female Sources: ACS 5-year Estimates, 2014-20 7 8; BERK, 2020. Race and Ethnicity ■Mole ■Female Federal Way is more racially and ethnically diverse than King County as a whole: in 2018, 47% of Federal Way residents identified as a race other than White alone, as compared with 35% for King County as a whole (Exhibit 3). Federal Way has a larger proportion of Hispanic residents than King County as a whole, with 19% of Federal Way residents identifying as Hispanic, Latino, or of Spanish origin compared with 1 0% of residents in King County as a whole (Exhibit 4). Exhibit 3. Percentage of BIPOC Population by Race in City of Federal Way and King County 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% 47% 35% ■ Two or more races ■ Some other race ■ Native Hawaiian and Other Pacific Islander ■Asian ■American Indian and Alaskan Native ■ Black or African American 2018 2018 Federal Way city, Washington King County, Washington Note: This exhibit only presents race and does not present ethnicity. Individuals who identify as ethnically Hispanic, Latino, or of Spanish origin AND as a race other than White alone are included here under their self -identified race. Individuals who identify as ethnically Hispanic, Latino, or of Spanish origin AND White alone are not included in this exhibit. Sources: ACS 5-year Estimates, 2006-20 7 0 & 20 7 4-20 7 8; BERK, 2020. Exhibit 4. Percentage of Population by Race and Ethnicity in City of Federal Way and King County 100 % 32% 36% 25% 30% 75% 50% 25% 0% 2010 2018 2010 2018 Federal Way King County Sources: ACS 5-year Estimates, 2006-20 7 0 & 2014-2018; BERK, 2020. Black, Indigenous, and people of color, non -Hispanic ■ Hispanic of any race ■ White only, non -Hispanic HOUSEHOLDS As of 2018, there were an estimated 35,589 households in the City of Federal Way. This represents an increase of 2,348 households since 2012, when the estimated total was 33,241.5 Housing Tenure As of 2018, an estimated 56% of households in the City of Federal Way owned their home, while 44% were renting their home. This represents a slight decline in the proportion of owner household units since 2012, when 57% of Federal Way households were homeowners and 43% were renters. Federal Way is very similar to King County as a whole on this measure: countywide, 57% of households were homeowners and 43% were renters as of 2018.6 A healthy housing market includes a mix of both ownership and rental housing types to meet the needs of a diversity of households and income levels. Not all households can afford homeownership or desire to own a home. There is some evidence that higher rates of homeownership in a community are associated with a higher median length of residence (amount of time living the same housing unit). Higher rates of homeownership are also linked to higher property values, though that relationship may work in reverse, with higher property values leading to the higher ownership rates.? Household Size The term "household" refers to a group of people living together in a single housing unit. As of 2018, the average household size in the City of Federal Way is 2.7 individuals, slightly higher than the King County average of 2.5 individuals per household.8 As shown in Exhibit 5, two -person households are the most common household size overall in Federal Way. Among renter households, one -person households are the most common size. While smaller households are more common, there are still a significant number of larger households in Federal Way. More than 7,500 households have four or more members. Compared to King County as a whole, Federal Way has a slightly lower proportion of small households: 24% of Federal Way households have one or two members compared to 29% of King County households. Federal Way also has a higher proportion of large households than King County: 1 3% of Federal Way households have five or more members compared to 8% for King County.9 5 ECONorthwest. 2020. Federal Way: South King County Sub -Regional Housing Action Plan Framework. Original data from the U.S. Census Bureau Public Use Microdata Sample (PUMS), 2018. 6 U.S. Census Bureau. 2014-201 8. American Community Survey 5-year Estimates. 7 Mallach. A. 2016. Homeownership and the Stability of Middle Neighborhoods. Community Development Innovation Review. Federal Reserve Bank of San Francisco. httl2s://www.frbsf.org/community-development/publications/community-development- investment-review/2016/august/homeownership-and-the-stability-of-middle-neighborhoods/# ftn20 8 U.S. Census Bureau. 2014-201 8. Table CP04. American Community Survey 5-year Estimates. 9 U.S. Census Bureau. 2014-201 8. Table B25009. American Community Survey 5-year Estimates. Exhibit 5. Household Size by Tenure in City of Federal Way on o O S N 7 O T Owner -occupied 00 Renter -occupied 7,243 cr + Total Un n a 4,751 4,567 v 3,768 3,412 n %R 2,687 ci 2,264 1,815 ■ 1 d82 1- ^ 6 345 1-person 2-person 3-person 4-person 5-person 6-person 7+ person household household household household household household household Sources: ACS 5-year Estimates, 20 7 4-2018; BERK, 2020. The breakdown of households by tenure and size has changed over the past decade. Exhibit 6 shows the gain or loss of renter and owner households by household size between 2010 and 2018. Most of the increases were in large (5+ person) and small (two -person) households and were among renter households. Between 2010 and 2018, the City experienced a net gain of more than 1,300 households with five or more members, the overwhelming majority of which (1,070 households) were renter households. There was an overall decline of more than 500 three- and four -person households, with the losses coming primarily from owner households. While the number of two -person owner households remained relatively stable, the city experienced an increase of more than 500 two -person renter households over the same period. Exhibit 6. Change in Number of Households by Household Size and Tenure in City of Federal Way, 2010-2018 1,500 1,070 N 1,000 S Gt 3 0 528 = 500 - 0 ■ 42 Z 0 -21 44 -130 a� u -280 -274 V -500_____________________________________________________________ ------------------- 462 262 ■ -1,000 ________________.__________________________________________________________________________________________________________________________. 1-person 2-person 3-person 4-person 5+ person Household Size Sources: ACS 5-year Estimates, 2006-2010 & 2074-2018; BERK, 2020. ■ Renter Households ■ Owner Households Household Income In 2018, the median household income in the City of Federal Way was $48,629 for renters, $85,607 for homeowners, and $66,653 across all households (Exhibit 7).10 Federal Way is part of the U.S. Department of Housing and Urban Development's (HUD's) Seattle -Bellevue Metro Area, which includes all of King County. In 2020, the HUD Area Median Family Household Income for a four -person household for the Seattle -Bellevue HUD Metro Area (also known as Area Median Income or AMI) was $1 1 3,300.11 It is important to note that the median household income for Federal Way households is substantially below the AMI, which is the base metric used in a number of affordability measures throughout this report. The majority of households in Federal Way have incomes below the AMI, and so are more likely to face housing affordability challenges than the typical residents of the HUD Seattle -Bellevue Metro Area. Exhibit 7. Median Household Income by Tenure in City of Federal Way Renter $37,378 $48,629 30% Owner $68,694 $85,607 25% All $49,976 $66,653 33% Sources: ECONorthwest, 2020; PUMS, 2012 & 2018; ACS 1-year Estimates, 2012 & 2018; BERK, 2020. Exhibit 8. Distribution of Households by AMI in City of Federal Way z126% 20% �3 b 19�. 229a 2196 11 V'. no 11 0% �y +� f +��y �y { y-y pry ff pp}}�� y�y }} ff 0-30% 30-50% 50-80% 80-100% +100% Household Income as % of AMI Year ■ 2012 0 2018 Sources: ECONorthwest, 2020; PUMS, 2012 & 2018. Exhibit 8 shows the distribution of households in Federal Way by household income as a percentage of the area median income for the Bellevue -Seattle HUD Metro area. In 2018, an estimated 74% of households in Federal Way had incomes at or below the AMI, while 26% had incomes greater than the AMI. As shown in Exhibit 9, households that own their homes in Federal Way are more likely to have higher incomes: 40% of homeowners have incomes above the AMI compared with just 1 1 % of renters. 10 ECONorthwest. 2020. Federal Way: South King County Sub -Regional Housing Action Plan Framework. Original data from the U.S. Census Bureau Public Use Microdata Sample (PUMS), 2018. 1 1 U.S. Department of Housing and Urban Development. 2018. "FY 2018 Income Limits Documentation System." HUD User. https://www.huduser.gov/12ortal/datasets/ii/il2Ol 8/201 8summary.odn This is an indicator that homeownership may be unaffordable for many moderate and even middle - income households in Federal Way. More information about homeownership affordability is provided later in this assessment. Exhibit 9. Distribution of Households by AMI and Tenure in City of Federal Way Renters Owners 11 40 0% 25% 50% 75% 1DO% Household Income (as % of MI) 0-30% 0-M% 50-80% 80-100% +100°lam Sources: ECONorthwest, 2020. The distribution of household income levels also differs by race and ethnicity, as shown in Exhibit 10. Among White, non -Hispanic households, 45% of households have incomes above the AML` Among households of color (including Hispanic/Latino households), 29% have incomes above the AMI. Exhibit 10. Distribution of Households by AMI and Race in City of Federal Way Black, Indigenous, and people of color 18% 16% 10% (including Hispanic) White only, non- 14% Hispanic Sources: HUD CHAS (based on ACS 5-year Estimates, 20 7 2-20 7 6); BERK, 2020. ■ Extremely Low -Income (530%AMI) ■ Very Low -Income (>30 to t50%AMI) Low -Income (}50 to <_800/bAMI) ■Moderate Income (>80 to <100%AMI) ■ Above Median Income (71 000/n AMI) 12 The race ethnicity of a household is determined by the race or ethnicity of the "householder." The householder is the person in whose name the housing unit is owned or rented. Cost -Burdened Households Cost -burdened households are defined as those that spend more than 30% of their income on housing costs. Severely cost -burdened households are those that spend more than 50% of their income on housing. Exhibit 1 1 shows the cost -burdened status of households by percentage of AMI and tenure in Federal Way.13 The likelihood of being cost -burdened or severely cost -burdened tracks with income categories in this data: the lower a household's income (by category, as a percentage of area median income), the more likely the household is to be cost -burdened or severely cost -burdened. Where sufficient housing available, either through attainable market -rates or through subsidized affordability programs, this does not have to be the case. Exhibit 11. Distribution of Cost -Burdened Status (Households) by AMI and Tenure in City of Federal Way Owner 100% a4% 75% 71 % 05 50% 30% 32% � 0% V} Renter 100% b996 a2 87% 75% 50% 44% �S% 22% , 4�5 IN 0-30% 0-50% 50-80% 80-100% +100% ■ Cast burdened Severe cost burdened Note: percentage of AMI is shown along the horizontal axis. Sources: ECONorthwest, 2020; PUMS, 2078. The rate of housing cost -burden among households in Federal Way with incomes less than 50% of AMI is very high. Most households in Federal Way with incomes 30% or less than AMI are severely cost - burdened. Eighty-two percent of renter households and 71 % of owner households in this income category are severely cost -burdened. More than half of households with incomes between 30 and 50% of AMI are cost -burdened in Federal Way, though the rate is higher for renter households. Eighty-seven percent of renter households and 59% of owner households in this income category are cost -burdened. The percentage of households that are cost burdened is significantly lower for households with incomes above 80% of AMI. The cost burden data used above are the most current available, but reflect conditions surveyed between 2012 and 2016. As will be shown later in this needs assessment, rents in Federal Way have increased " As described in the Housing Terminology section of this report, AMI is measured relative to the King -Snohomish region and not just Federal Way. significantly since this time period. Additionally, while there is not a data source with accurate information on the impact of the COVID pandemic, it is widely acknowledged that households experiencing COVID- related income losses have less ability to pay housing costs. Therefore, it is likely that the problem of household cost burden has also increased significantly. The likelihood of being cost -burdened also differs by race and ethnicity in Federal Way. Forty-six percent of households of color and/or Hispanic households are cost -burdened in the city, compared with 33% of White, non -Hispanic households. Twenty-four percent of households of color and/or Hispanic households are severely cost -burdened, while just 14% of White households are (Exhibit 12). Exhibit 12. Cost -Burdened Status by Householder Race in City of Federal Way BIPOC {including Hispanic} White only, non -Hispanic /o 0°/n 10% 20% 30% 40°/n 50% 60% TO% 80% 90% 100% ■Severely Cost -Burdened {>50°/a} Cost -Burdened {30-50%j Not Cost -Burdened Not Computed 0Two I Cost -Burdened Sources: ACS 5-year Estimates, 2014-20 7 8; BERK, 2020. Exhibit 13 shows the number of cost -burdened households by AMI grouping and household type in Federal Way. As noted previously, while there are households struggling with housing costs across the entire income spectrum, the greatest number are among households with incomes below 30% of HUD AMI. In terms of household type, the greatest need is among small families, among which nearly 5,600 households are cost -burdened. There is also a substantial number of cost -burdened older adult households, including nearly 1,200 older adult families and over 2,300 older adults living alone. Exhibit 13. Cost -Burdened Households by Household Type and AMI Grouping Older Adult A25 160 205 Family .................................................................... ........ ........ ......... ........ ........ ...._.... .. Older Adult 1,280 545 340 Living Alone ................. ............................................ ...................... _............ Large Family 580 530 225 .................................................................................. . .................................... Small Family 2,270 1,885 ...................... _............ 874 ..................................... ...................... _............ Other 950 1,050 280 ......... .................. Total 5,505 4,170 __........ _............ 1,924 Notes: Older Adult Family — Two persons, either or both age 62+. Older Adult Living Alone — A person age 62+ living alone. Small Family — Families with 2-4 members (excluding older adult families). Large Family — Families with 5 or more members. Other — Non -family, non -older adult households (includes those living alone). Sources: ACS 5-year Estimates, 2012-2016; BERK, 2020. 150 239 1,179 ....... ......... 140 ......... ......... 40 ........ .................. 2,345 ....... ......... 140 ......... ......... 55 ......... .................. 1,530 255 ......... 310 ....................................................... 5,594 ....... ......... 185 ......... ......... 90 ........ .................. 2,555 ....... ......... 870 ......... ......... 734 ......... .................. 13,203 In Federal Way, cost burden is more concentrated among households with incomes less than 50% of AMI than it is in King County as a whole: 73% of cost -burdened households in Federal Way have incomes below 50% of AMI, compared with 59% of cost -burdened households in King County as a whole. This implies that households with incomes above 50% of AMI living in Federal Way are much less likely to experience cost burden than those living in other parts of King County. Nonetheless, there is a great deal of need for housing that is affordable and inclusive to households with very low and extremely low incomes in Federal Way. Housing cost burden is also more common among older adult households in Federal Way than it is in King County as a whole: 42% of older adult households are cost -burdened in Federal Way, compared to 38% in King County as a whole. Housing Vulnerability and Displacement Risk Households evicted from rental housing are at greater risk of housing insecurity, vulnerability to exploitation, and homelessness. Households with a history of evictions or eviction filings14 can face significant challenges finding rental housing as many landlords conduct background checks and screen out applicants with eviction records. Recognizing that there are many reasons why a household may be unable to pay rent, including economic insecurity, job loss, or unexpected medical expenses, many communities provide renter protections to reduce the likelihood that short-term economic setbacks result in evictions and subsequent displacement. In addition, tenants financially impacted by the COVID-1 9 pandemic may have accumulated significant debt in the form of rent arrears. While a state mandate is 14 Eviction filing is a legal notice of an eviction suit —not all eviction filings result in actual evictions, in which a household is forced to leave their housing unit. Instead, a renter household may move out preemptively, pay overdue rent, or reach some other settlement with the landlord. However, eviction filings are public record and may be seen be future potential landlords when conducting background checks. temporarily protecting these tenants from eviction, such households are likely to face eviction when the mandate is lifted unless additional protections are put into place. The Evictions Study by the University of Washington and University of California Berkeley tracks eviction filing rates across much of the Central Puget Sound Region, including Federal Way.15 The eviction filing rate is the rate of eviction filings per 100 renting households per year.16 This is distinct from the eviction rate, which is the rate of households actually evicted from their housing per 100 renting households. Nationally, the rate of eviction filings is two to three times the rate of evictions.17 In the City of Federal Way, the rate of eviction filings is highest in the southeastern portion of the city, around SW 356'h St andWA-99, where the eviction filing rate between 2004 and 2017 was nearly 7%. The rate is also comparatively high, at 5.2%, in the area around 320rh St and 1 1 rh Ave SW and in the area around Military Rd S and S 304th St, at 4.3%. Exhibit 14 shows the eviction filing rate by census tract in the City of Federal Way and surrounding areas. Exhibit 14. Eviction Filing Rate by Census Tract Estimated Eviction Rate ' S-1 3-5% 2-3% 1-2% ❑— 1% Insufficient Data Source: The Evictions Study, 2077. The rate of eviction filings differs by the race of the renting household, as shown in Exhibit 15 and Exhibit 16. In the City of Federal Way, the eviction filing rate for White renters was 15 University of Washington. 2017. "The Evictions Study Map." Center for Studies in Demography and Ecology. https://tesseract.csde.washington.edu:8080/shiny/evictionmaps/ 16 The Evictions Study calculates eviction filing rates by dividing the number of eviction filings in a specific geography (e.g., census tract) by the number of renting households in that area according to ACS 201 3-2017 5-year estimates (https: //tesseract.csde.washington.edu:8080/shiny/evictionmaps). 17 Eviction Lab. 2016. "National Estimates: Eviction in America." Princeton University. 1 .46% between 2004 and 2017. For Black renters, the rate was more than double-3.94%—over the same period. The rates for Latino and Asian renters fall in between, at 2.10% and 2.05%, respectively. The overall eviction filing rate in Federal way is similar to that of other South King County cities, such as Auburn and Kent, which have eviction filing rates of 1.92% and 2.19% respectively. The racial and ethnic disparities in these other cities follow the same pattern as in Federal Way: in both Auburn and Kent, Black renters are the most likely to experience an eviction filing and White or Asian renters are the least likely to experience one. Exhibit 16 shows the eviction filing rate by census tract for Black and White renter households in Federal Way and surrounding areas. Higher rates of eviction filings for BIPOC households, particularly Black households, indicates that these households face a greater displacement risk and are more housing vulnerable than White households. Exhibit 15. Eviction Filing Rate by Race in the City of Federal Way Black 3.94% .... _................................... Hispanic or Latino 2.10% All 2.21 % Sources: The Evictions Study, 2077; BERK, 2020. Exhibit 16. Eviction Filing Rates for Black and White Renter Households by Census Tract Black Renter Households Estimated Eviction Rate 5 — 100% 3-5% 2-3% 1-2% ❑-1% Insufficient Data White Renter Households M Note: Areas with fewer than 100 renting households of the specified race are omitted. Source: The Evictions Study, 2077. Employment Profile EMPLOYMENT AND WAGES As of 2018, there were more than 30,000 jobs based in Federal Way. Exhibit 17 summarizes the number of jobs in Federal Way by sector, the change in the number of jobs between 2010 and 2018, median salary by sector, and percentage of jobs within each sector accessible by car and transit. The largest numbers of jobs in Federal Way are available in the sectors of health care and social assistance (7,900 jobs), retail (4,900), accommodation and food services (3,700), and educational services (2,600). The median annual wages in the four largest employment sectors in Federal Way —health care and social assistance, retail trade, accommodation and food services, and educational services —range between approximately $32,000 and $51,500. Exhibit 18 shows the maximum housing costs that would be affordable to a household with an annual income equal to the median annual wage in these four sectors. "Affordable" here means that a household could spend up to that amount on housing costs (whether renting or owning) and not exceed 30% of their total income. Affordable monthly housing costs for such households range from $798 to $1,289. See the sections on Home Values and Homeownership Affordability and Rental Housing Costs and Affordability for more details on the availability of housing that is affordable for these households. IIIDecember 2020 City of Federal Way I Housing Needs Assessment 20 Exhibit 17. Employment Profile and Trends by Sector in City of Federal Way Federal Way Employment Numbers Regional Access to Employment Industry (2-digit RAICS Code) Employees # Change % Change Median Salary % Jobs by % Jobs by (2018) (2008-2018) (2008-2018) (2018) Auto Transit Agriculture, Forestry, Fishing and 19 14 280° $36'S63 24 Q Hunting Mining, Quarrying, and Dil and Gas Extraction 22 17 340% NA 47% 6% utilities 0 -8 -100% $93,542 24% 1% Construction 1,085 138 15% $50,362 44% 1% Manufacturing 308 -416 -57% $62,420 45% 1% Wholesale Trade 1,093 302 38% $47,864 51% 2% Retail Trade 4,914 -394 -7% $40,378 39% 3% Transportation and Warehousing 569 106 23% $50,920 66% 4% Information 105 -256 -71 % $57,413 6% 0% Finance and Insurance 1,424 193 16% $63,303 24% 2% Real Estate and Rental and 1,024 318 45% $41,974 34% 3% Leasing Professional, Scientific, and 1,447 98 7% $74,257 16% 1% Technical Services Management of Companies and 99 -2,861 -97% $46,319 26% 1% Enterprises Administrative and Support and Waste Management and 913 -326 -26% $38,838 38% 3% Remediabon services Educational Services 2,614 281 12% $51,543 34% 2% Health Care and Social Assistance 7,927 2,615 49% $45,870 36% 2% Arts, Entertainment, and 472 -272 -37% $50,625 33% 3% Recreation Accommodation and Food 3,680 -84 -2% $31,935 36% 4% Services Other Service 952 -558 -37% $44,544 34% 2% Public Administration 1,772 33 2% $59,243 38% 3% Sources: ECONorthwest, 2020; PSRC, 2018. Exhibit 18. Median Annual Wage and Maximum Affordable Monthly Housing Cost in the Largest Employment Sectors, City of Federal Way Health care and social assistance $45,870 $1,147 Retail trade $40,378 $1,009 Accommodation and food services $31,935 $798 Educational services $51,543 $1,289 1 Sources: ECONorthwest, 2020; PSRC, 2018, BERK, 2020. TRAVEL TO WORK Federal Way is located within the Seattle -Tacoma -Bellevue metropolitan area, and residents from Federal way are employed in cities throughout the area. Exhibit 19 shows the locations that are accessible from Federal Way within 45 minutes by transit and car during normal commute times. Under existing traffic and transit conditions, most areas of Federal Way and some of the surrounding cities are accessible within 45 minutes by transit, but the major employment centers of downtown Seattle and Tacoma can only be reached by car within the same timeframe. Exhibit 19. Map of Locations Within 45-minute Commute of Federal Way Federal Way Drive time rTransittime Sources: ECONorthwest, 2020; PSRC, 2078. `t ,Transit and drive time of 45 minutes, departing at RCK) AM, midweek Exhibit 20 shows the inflow and outflow of employees for all jobs in Federal Way in 2017. A larger number of people leave Federal Way for work than commute into the city from another location. Nearly 39,000 Federal Way residents are employed outside of Federal Way. Exhibit 20. Inflow/Outflow Counts of Jobs for City of Federal Way A Source: U.S. Census OnTheMap, 2077. Note: Overlay arrows do not indicate directionality of worker flow between home and employment locations. Employed and Live in Selection Area Employed in Selection Area, Live Outside [ Live in Selection Area, Employed Outside w Analysis Selection Federal way is highly connected to employment centers in Seattle, Tacoma, and Bellevue. Some households live in Federal Way because it is relatively affordable in comparison with housing available in those employment centers. As housing costs increase in these major urban centers, lower income households located in Federal Way and other areas, where housing costs are still comparatively lower. This regional movement can further exacerbate existing shortages of housing units in Federal Way and other suburban South King County cities and contribute to displacement of existing residents, particularly those with lower incomes. In addition, Sound Transit is working on the extension of light rail service to Federal Way, with service planned to begin in 2024. Two stations will serve Federal Way, one at the Federal Way Transit Center and one at South 272nd Street. The light rail line will provide service to and from Seattle including stops in SeaTac and Kent/Des Moines. It may also impact the cost and desirability of housing in areas near the station areas. Without providing additional housing in these areas, the increased demand for housing near transit can increase housing costs. This increases cost burden and increases the likelihood that current residents are economically displaced. One way to address this challenge is by encouraging more transit -oriented development (TOD). This means allowing neighborhoods with a mix of higher -density residential and commercial development to be built nearby to new light rail stations. TOD provides more opportunities for households to live near transit, as well as a greater variety of housing types and affordability levels. Residents of TOD are less dependent on cars for commuting and everyday trips. This lowers their transportation costs while reducing traffic and pollution for all residents citywide. TOD can also include improvements to streets, sidewalks, bike lanes, and local transit service that support access to new amenities and light rail by residents citywide. Housing Inventory HOUSING SUPPLY CHARACTERISTICS Housing Units by Type As of 2019, there were an estimated 37,257 housing units in Federal Way.18 The majority of the city's housing units (54%) are single family homes, with a significant minority of units (34%) located in multifamily structures of five or more units. Federal Way has a smaller proportion of multifamily housing units than King County as a whole. While 34% of Federal Way housing units are located in multifamily buildings of five or more units, this proportion is 41 % in King County as a whole. Fifty-four percent of housing units in Federal Way are single-family homes, compared with 51 % in King County as a whole (Exhibit 21). Exhibit 21. Housing Inventory by Type of Structure in City of Federal Way and King County Federal Way King County 1% Sources: OFM, 20 7 9; BERK, 2020. Housing Units by Size - Iu ■ Single Family ■ Duplexes ■:Multi -family (3 or 4 Units) ■:Multi -family (5+ Units) ■ Mobile Homes While most of the net gain in total households in Federal Way in recent years has been among larger households (see Exhibit 6), the majority of households are still small. Federal Way's current housing stock is not aligned well with its population in terms of unit size. As Exhibit 22 shows, the majority of households in Federal Way (56%) have one or two members, but the majority of housing units in Federal Way are built for larger households: 57% of all units have three or more bedrooms. 18 Washington State Office of Financial Management. 2020. "April 1 postcensal housing estimates." https:/ /www.ofm.wa.gov/washington-data-research population-demographics[population-estimates/april-1 -official- population-estimates IIIDecember 2020 City of Federal Way I Housing Needs Assessment II 24 Exhibit 22. Comparison of Distributions of Housing Unit Size and Household Size N 40% 35% 30% 250/n 20% 15% 10 0/0 5°/0 0% 400/n 35 °/a 30 °/a 25% 20% 15% 10 0/0 50/0 00/0 34% 24 % 1 Person HH 2 Person HH 15% 3% 16% 13% 13% 3 Person HH 4 Person HH 5+ Person HH Household Size 25% 33% Studio 1 Bedroom 2 Bedroom 3 Bedroom Housing Unit Size Sources: ACS 5-year Estimates, 2014-20 7 8; BERK, 2020. 19% 5% 4 Bedroom 5+ Bedroom It is likely that many of the larger (3+ bedroom) homes in Federal Way are occupied by households with only one or two members. For example, this can happen when there are many "empty nester" owner households living in single-family housing stock. This reduces the number of larger homes available for larger households. Exhibit 23 focuses exclusively on the alignment of the rental housing stock with renter households. This comparison shows that there is a very small number of studio units available relative to the many one -person households in Federal Way. It also shows a shortage of larger units (3+ bedroom) compared to the number of households with four or more residents. Exhibit 23. Comparison of Distributions of Rental Housing Unit Size and Renter Household Size `m 35 °1° 31 % o 30 /o 30% c 25% m 0 20% `c 15% o u 15% 12% 13% `m a 10% 511. 0% 1 Person HH 2 Person HH 3 Person HH 4 Person HH 5+ Person HH Household Size 50% c 45% 45 % C N 40% 7 O 2 35% 30% c = 30% v 25 °/n 0 20 % a v 15% V v 10% a 5% 5% 0% Studios 1 bedroom 2 bedroom Housing Unit Size 14% b% ■ 3 bedroom 4+ bedroom Sources: CoStar, 2020; ACS 5-year Estimates, 2014-2018; BERK, 2020. Overcrowding is another indicator that there may be a lack of attainable housing units sized for larger households.19 Larger households take many different forms and could include households with large family sizes, multigenerational households, families doubling -up to save money, or other situations. By HUD standards, a dwelling is considered overcrowded if it has a ratio of more than one person per room (PPR). The threshold for severe overcrowding is a PPR ratio of 1.5.20 In Federal Way, 5.3% of households are overcrowded and 1.3% are severely overcrowded. This represents nearly 1,260 households experiencing overcrowding, with 490 of those experiencing severe overcrowding. The rate of overcrowding in Federal Way is relatively high compared to King County as a whole: countywide, 3.6% of households are overcrowded and 1.4% are severely overcrowded.21 19 Overcrowding refers here to definitions set by the US Department of Housing and Urban Development. This definition may not be consistent with some cultural expectations or practices that support higher PPR (person per room) ratios. When paired with other factors, such as cost -burden and a mismatch in housing stock, measured overcrowding is a consistent indicator that the community lacks attainable housing options. 20 US Department of Housing and Urban Development. 2007. Measuring Overcrowding in Housing. https://www.huduser.gov/publications/pdf/Measuring Overcrowding in Hsg_pdf 21 US Census Bureau. 2014-2018. American Community Survey 5-year Estimates. The likelihood of living in overcrowded housing differs by household race and ethnicity in Federal Way (Exhibit 24). White, non -Hispanic households have the lowest rate of overcrowding: just 1 % of these households meet the threshold for overcrowding. In contrast, 9% of Black households, 1 1 % of American Indian or Alaska Native households, and 1 3% of Native Hawaiian or other Pacific Islander households are considered overcrowded. Households with the greatest likelihood of overcrowding are Hispanic or Latino households of any race (1 8% are overcrowded) and households of some other race (16% are overcrowded).22 Exhibit 24. Overcrowding in Federal Way Households, by Race/Ethnicity 9 ova 5% 6% 11% 13% 16% 18% All White only, non- Asian Black or African American Indian Native Hawaiian Other Hispanic or Latino Hispanic American or Alaska Native or Other Pacific (incl. two or more Islander races) Note: All categories except "Hispanic or Latino" and "White only, non -Hispanic" include households of both Hispanic and non - Hispanic ethnicity. Sources: American Community Survey B25003, 2014-2018; BERK Consulting, 2020. HOMEOWNERSHIP Exhibit 25 shows homeownership by race and ethnicity of householder. As of 2018, there were 19,463 owner -occupied housing units in the City of Federal Way.23 Two-thirds (67%) of White, non -Hispanic householders21 in Federal Way are homeowners, compared with only 42% of BIPOC householders. Exhibit 26 provides further detail on homeownership rates by race and ethnicity in Federal Way. Homeownership rates among non -Hispanic White households, American Indian or Alaska Native households, and Asian households are higher than the citywide homeownership rate for all households (56%). In contrast, households of some other race (including multiracial households), Black households, Hispanic households, and Native Hawaiian or other Pacific Islander households have homeownership rates lower than the citywide rate. 22 Reporting for the American Community Survey data in this chart includes a limited number of racial and ethnic categories for respondents to select. Those who do not fully identify with these categories may chose either "some other race" or "two or more races." Those categories have been collapsed into the "other" identity category in Exhibit 24. 23 US Census Bureau. 2018. American Community Survey 5-year Estimates. 24 The Census summarizes households by the race and ethnicity of the "householder," which they define to be "the person (or one of the people) in whose name the housing unit is owned or rented (maintained) or, if there is no such person, any adult member, excluding roomers, boarders, or paid employees." (https://www.census.ciov/programs-surveys/cps/technical- documentation/subject-definitions.html) Black and Hispanic households, which together represent nearly a quarter of Federal Way households, are substantially less likely to be homeowners than White, non -Hispanic households: 35% of Black households and 30% of Hispanic households (or any race) are homeowners. BIPOC households face many barriers to homeownership beyond affordability, including both overt and covert discrimination. The history of racially discriminatory housing policies and practices in the US is extensive, pervasive, and still profoundly impacts access to housing and homeownership in communities of color. 25 Laws, policies, and practices implemented by governments at the federal, state, and local level have contributed to racial disparities in homeownership rates, home values, levels of opportunity in different neighborhoods, and much more. This includes actions such as the Federal Housing Administration (FHA)'s decades -long practice of not insuring mortgages for Black homeowners, the Supreme Court's 1926 ruling that it was constitutional to enforce racially restrictive covenants (which prohibited homeowners from selling their home to Black buyers and other racial and ethnic minorities), and the building of racially -segregated public housing projects by the federal government and local housing authorities.26 A major consequence of this history was the inability of many BIPOC households to gain wealth through homeownership and pass on that wealth through the generations.27 The historical and current impacts of racially discriminatory housing policies means BIPOC households may be less likely to be homeowners even if they meet the income thresholds necessary to own a home in Federal Way. While homeowner education programs are available in Federal Way, none are proactively working in BIPOC communities to address the disparity. There is also a lack of programs to support new affordable homeownership opportunities among BIPOC households. There are many options for the city to address these disparities through regulatory changes, partnerships, funding, and regional collaboration. 25 There is an extensive body of literature on the history of and current practice of racially discriminatory housing policy in the United States, which this HAP is not positioned to fully summarize. Starting points for further exploration into this body of work include Richard Rothstein's The Color of Law: A Forgotten History of How Our Government Segregated America (Liveright, 2017), John Yinger's Closed Doors, Opportunities Lost: The Continuing Costs of Housing Discrimination (Russell Sage Foundation, 1995), and the Urban Institute's Exposing Housing Discrimination research repository (https://www.urban.org/features/exposing-housing-discrimination), to name a few. 26 Rothstein, R. (2017.) The Color of Law: A Forgotten History of How Our Government Segregated America. New York, NY: Liveright. 27 Goodman, L.S., & C. Mayer. (2018.) Homeownership and the American Dream. Journal of Economic Perspectives, 32(1), 31- 58. Exhibit 25. Homeownership by Race and Ethnicity of Householder in City of Federal Way ■ % renter households ■ % owner households 33% White only, non - Hispanic BI POC Sources: ACS 5-year Estimates, 2014-2018; BERK, 2020. Exhibit 26. Homeownership Rates by Race/Ethnicity in City of Federal Way White 67% American Indian or Alaska Native 64% Asian 63% All Households 56% Other (including multiple races)........ 38% Black or African American 35% Hispanic or -Latino, any -race_ _ 30% ____ Native Hawaiian or Other Pacific Islander i- 22% Note: The American Indian or Alaska Native and Native Hawaiian or Other Pacific Islander categories are based on samples that are substantially smaller than the samples for other racial groups, and thus the estimated homeownership rates for these groups have larger margins of error than the estimates for other racial groups. Sources: ACS 5-year Estimates, 2014-2078; BERK, 2020. Home Values and Homeownership Affordability In 2020, the median sale price for homes in Federal Way was $414,700, an increase of 96% from 10 years earlier, when the median sales price was $21 1,600.28 Exhibit 27 shows the change in the Zillow home value index (ZHVI) which reflects seasonally -adjusted home values in Federal Way and King County between 2010 and 2020. The ZHVI for all homes reflects the median value for homes that fall within the 35th to 65th percentile range, while the ZHVI for "bottom tier" homes reflect the typical value for homes in the 5th to 35th percentile range. Exhibit 27. Zillow Home Value Index (ZHVI) for Federal Way and King County $ 700,000 $656,084 5600,000 5500,000 - 5300,000 5200,000 5100,000 - $405,070 2010 2011 2012 2013 2014 2015 2016 All Hornes, Federal Way - - - - All Hoines, King County Sources: Zillow, 2020; HUD, 2020; BERK, 2020. $301,221 2017 2018 2019 2020 YTD Bottorn Tier Homes,=ecercl Way While the value of the median home in Federal Way is lower than in King County as a whole, homes in both Federal Way (including bottom tier homes) and King County as a whole have experienced a similar trajectory of increasing value over the last eight years. In order to afford a median -value home in Federal Way, a household would need an income of at least $96,153, slightly above 80% of AMI for a 4-person household.29 30 To afford a "bottom tier" home, a household would need an income of at least $71,507, or slightly above 60% of AMI (Exhibit 28).31 Since incomes in Federal Way are considerably lower than that of the HUD metro area, homeownership is out of reach for the majority of all Federal Way households. With a household income of $66,653, the median household in Federal Way could not afford a median home or bottom tier home in the city 28 ECONorthwest. 2020. Federal Way: South King County Sub -Regional Housing Action Plan Framework. Original data from Zillow, 2020. 29 Sources: City of Seattle Office of Housing, 2020; Freddie Mac, 2020; HUD, 2020; City of Federal Way, 2020; King County Assessor's Office, 2020; Zillow Home Value Index, 2020; BERK calculations, 2020. 30 These calculations assume a down payment equal to 3.5% of the sale price of the home. This is the minimum down payment necessary to receive a Federal Housing Association (FHA) home loan. These calculations include mortgage payments, mortgage insurance, property taxes and fees, and homeowners' insurance. They do not include utility payments or home upkeep costs, which can vary and are not necessarily tied to home sale price or value. 31 Zillow data groups all homes in Federal Way into three tiers based on home value. The "bottom tier" home value represents the median home price amongst the homes in the lowest tier. without being cost -burdened. For the median renter household in Federal Way, which has an income of $48,629, homeownership is even further out of reach. Without additional income from some other source, the median worker in Federal Way's four largest employment sectors (health care, retail, accommodation and food service, and education) would be unable to afford a median home or a bottom tier home. Since 2010, the value of the median home in Federal Way increased by 63%, while the AMI increased by 32% (Exhibit 29). Increases are even steeper among bottom tier homes, with the median value of a bottom tier home increasing by 69% over the same period. As median home values and median incomes diverge over time, homeownership is falling further out of reach for many Federal Way residents. Exhibit 28. Homeownership Affordability in the City of Federal Way Median Home $A05,070 $14,177 $96,153 (80% of AMI is $95,520) Bottom Tier $301,221 $10,543 $71,507 Home (60% of AMI is $71,640) Note: ZHVI represents the whole housing stock and not just the homes that list or sell in a given month. Median home value is the median value of all homes (single family residential and condos) in 2020 as of February 2020. Indicated AMI values are for a 4-person household. Sources: Zillow Home Value Index (ZHVI), February 2020; BERK, 2020. Exhibit 29. Percent Change in Home Value and City Median Income 80 °/a 60 °/a 40% 20% 0°/❑ ...... ................. ..m,...................................................................................... -20% -40'No 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 YTD All Homes, Federal Way - - - - All Homes, WA City Median Household Income Sources: ACS 7-year Estimates, 2019; Zillow, 2020; BERK, 2020. Reducing the gap in homeownership requires bringing the home value and household income curves (the blue and yellow lines in Exhibit 29) closer together. Information gathered from stakeholder interviews and discussion groups suggests that even small increases in density can reduce the cost of housing by reducing land costs per unit. Cottages or townhomes, which can develop multiple units on a single-family lot, may provide attainable homeownership opportunities. Rental fees from duplex and accessory dwelling units may also provide income to support homeownership opportunities, while also expanding the rental housing supply. RENTAL HOUSING In 2018, there were an estimated 15,460 renter households in the City of Federal Way. Rental Housing Costs and Affordability Exhibit 30 shows the average rent for housing units in multifamily buildings in Federal Way during the third quarter of 2020. It also shows the level of income that a household would need to afford that average rent without being cost -burdened. The average market -rate rent for a two -bedroom apartment in the City of Federal Way was $1,510, a 69% increase from 2010, when the average rent for a two - bedroom apartment was $894.32 To afford the average rent for a two -bedroom apartment in Federal Way, a household would need to have an income of $60,400, or about 51 % of AMI, after adjusting for household size. Affordability level is similar for other unit sizes, with three -bedroom units being slightly less affordable at 55% of AMI. Without additional income from some other source, the median worker in Federal Way's four largest employment sectors (health care, retail, accommodation and food service, and education) would be unable to rent an average two -bedroom or three -bedroom unit. The median education worker could afford on average studio or one -bedroom unit and the median health care worker could afford an average studio, but median workers in retail and accommodation/food service would be unable to rent even an average studio apartment. Exhibit 30. Average Rent and Affordability Level by Rental Unit Size Average Rent $1,039 $1,246 $1,510 $1,804 Annual Income Needed to Afford $41,560 $49,840 $60,400 $72,160 Affordability Level* (% of AMI) 49% 49% 51 % 55% Note: Affordability Level adjusted for assumed household size consistent with HUD Income Limits methodology, third quarter, 2020. Sources: CoStar, 2020; HUD, 2020; BERK, 2020. Exhibit 31 shows the distribution of renter households and affordable rental housing by AMI grouping (income level) in Federal Way. There is a misalignment between the distribution of costs for rental housing and the incomes of renter households in Federal Way. While 25% of renter households have incomes that 32 The 2020 average rent includes only market -rate rental units and excludes units that are restricted to seniors. The market - rate average rent represents the costs that a typical renter would face when seeking to rent a unit on the open market. The market -rate average is higher than the average rent for all 2-bedroom units—$1,343—which is listed in the South King County Sub -Regional Housing Action Plan Framework 2020, produced by ECONorthwest (2020). This later average includes subsidized units. are 30% or less of AMI, just 1 3% of rental units are affordable to households in this income category. While the percentage of rental units affordable to individuals with incomes between 30 and 80% of AMI (84%) exceeds the percentage of renter households in this range (64%), there is a shortage of units at the higher -cost end of the market. Eleven percent of renter households have incomes greater than 100% of AMI, but just 2% of rental units fall into the category of affordable for this income group. This means that most renters at this income level are renting units at costs substantially below the maximum they can afford. This reduces the number of units affordable and available to households at lower income levels, putting further pressure on the lower -cost end of the rental market. Increases in the housing supply at both the lower and higher ends of the market would benefit the community as a whole by providing households with a range of incomes options for attainable housing. Exhibit 31. Distribution of Renter Households by Income Level and Rental Units by Affordability 8,000 7,000 6,905 6,065 6,000 5,000 4,760.......... 4,000 3r465 3,000 "'W 2,555 2,000 1,585 1,000 ' 0 <30% AMI 30-50% AMI 50-80% AMI Household Income as a Percent of AMI Sources: ECONorthwest, 2020; PUMS, 2018; BERK, 2020. ■ Households ■ Units Available 4,245 >80% AMI HOUSING PRODUCTION Since 201 1, 1,813 new housing units have been built in the City of Federal Way. 33 The majority of new housing units built in the last decade have been in large multifamily housing developments of 100+ units. Most housing units in the city were built in the 1980s or earlier, including more than half of units in multifamily buildings (Exhibit 32). Federal Way experienced a boom in housing production in 2016 and 2017, with nearly 1,200 new housing units built across those two years, as shown in Exhibit 33. Most of those new units were in larger multifamily buildings. Since then, new construction has slowed, with just over 300 units built in 2018 and 2019 combined. Exhibit 32. Housing Units by Decade Built and Building Scale in City of Federal Way Multifamily 6,000 4,000 0 Single-ramily 6,000 4.000 2,000 0 ■ 1960s 1970s 1980s 19909 2040s 2010s Building scale (unite) 1 2-4 6-19 20-49 50-99 100+ Sources: ECONorthwest, 2020; King County Assessor's Office, 2020. 2020s 33 ECONorthwest. 2020. Federal Way: South King County Sub -Regional Housing Action Plan Framework. Original data from OFM, 2019. Exhibit 33. New Housing Units Built by Year* in Federal Way 672 600 400 514 00 �s 1 147 172 _! MNINE 2D11 2012 2013 2014 2015 2D16 2017 2018 2D19 Note: OFM summarizes annual housing production beginning April 2 of the previous year (So 2019 represents net new housing built between April 2, 2078 and April 1, 2019). Sources: OFM, 20 7 9; ECONorthwest, 2020. Exhibit 34 shows annual permit activity by housing type, with a surge of permit activity for larger multifamily projects seen between 2014 and 2016. This activity tapers off in 2017, with essentially no new multifamily permits in 2018 or 2019.34 One likely explanation for this sharp reduction in multifamily permits was the one-year moratorium on new apartment complexes passed in June 2016 and a significant increase in school impact fees. These fees significantly increased the costs to develop new apartments in Federal Way compared to neighboring jurisdictions. It is also worth noting that there is little variety in the production of housing types in Federal Way. While there was a spike in larger apartment complex construction and a steady production of single-family homes, intermediate development types such as duplexes and smaller -unit multifamily types remained a relatively small part of new housing construction. Qualitative information from housing stakeholders identified potential gaps in production related to current codes and processes.35 Under current zoning, development professionals consider Federal Way to be nearly "built out." Zoning and development regulation and process changes identified in interviews that could make Federal Way attractive for new development include: ■ Transit -oriented development — encouraging the highest densities around the future light rail stations. ■ Expanding allowances for accessory dwelling units in single-family areas. ■ Identifying areas where density can be increased for infill housing types such as duplexes, triplexes, townhomes, and cottages. The production of diverse types can have multiple benefits for a community. Duplexes may be a way to add additional units while maintaining single-family character. Multiplexes may provide attainable 34 Note that OFM tracks permit activity by years starting on April 2 of the previous year and ending on April 1. So much, if not all, of the building and permit activity shown in 2017 in Exhibit 33 and Exhibit 34 could have occurred in 2016. 35 As part of the Housing Action Plan, there will be a report that specifically identifies gaps and barriers in the Federal Way Municipal Code. This summary identifies qualitative information on housing supply needs, but these issues will be fully assessed as part of the Policy Environment Review. housing across a variety of incomes. These types may also help fill the need for smaller unit types and provide step-up or step-down housing for families seeking first-time homeownership or older adults seeking to age in place. Exhibit 34. Annual Permitted Housing Units by Housing Type in Federal Way 2019 90 2018 140 2017 WOMM 197 2016 735 2015 440 2014 310 2013 74 2012 63 2011 153 201❑ 144 0 100 200 300 400 500 600 700 800 Permitted Units Single Family Duplexes ■Multi -family (3 or 4 Units) ■Multi-famil y IS+ Units) ■ Mobile Homes Note: OFM summarizes annual housing permit activity beginning April 2 of the previous year (so 2019 represents permit activity between April 2, 2078 and April 1, 2019). Sources: OFM, 2019; BERK, 2020. SUBSIDIZED HOUSING Regulated affordable housing includes units that are income -restricted or rent -restricted. They are typically restricted to households that have incomes of less than 30%, 50%, 60% or 80% of AMI, depending on the building, project, or unit. As of 2019, Federal Way had a total of 3,393 regulated affordable housing units, representing about 17% of the city's total apartments. In comparison, 19% of all apartments in South King County as a whole are regulated affordable units.36 36 ECONorthwest. 2020, 15 July. "South King County Subregional Housing Action Framework — Task 2 Housing Context Assessment Methods Memo." Gap Analysis HOUSING NEEDED TO ACCOMMODATE FURTHER GROWTH PSRC projects that Federal Way's population will grow to 106,571 by year 2040, or about 451 new residents per year. 37 In the Sub -Housing Action Plan Framework, ECONorthwest estimates that the City will need to add 6,786 new housing units to accommodate this population growth and account for past underproduction.38 This equates to an average production of 339 additional units each year,39 a steep increase from the 202 units per year build between 201 1 and 2019.40 The city would need a 68% increase in annual housing production to accommodate the growth projected by PSRC. Exhibit 35 shows the historical level of housing production compared to the forecasted needs. Exhibit 35. Historical Housing Production in Federal Way Compared to Forecasted Needs 50,000 45,000 a 7 40,000 a� c 0 35,000 2 30,000 44,245 40,852 41,499 37,25739,479 2010 2015 2020 2025 2030 2035 2040 Total housing units (actual) — — Units needed to address historic underproduction and forecasted population growth — — Projected housing unit growth if current trends continue Sources: ECONorthwest, 2020; OFM, 2020; PSRC, 2077; BERK, 2020. Exhibit 36 estimates the number of new units needed by affordability level, with housing needs seen across the income spectrum. About a third of all units needed are for households with incomes below 50% of AMI. New housing at this affordability level will almost certainly require subsidy. On the other end of the income spectrum, the city needs to add over 2,900 new units affordable to households with incomes above 80% of AMI. This analysis indicates that many of these units could be provided at market rate 37 PSRC, 2017. Land Use Vision version 2. httl2s://www.12src.org/protections-cities-and-other-places 38 "Underproduction" is a calculation by ECONorthwest. The methodology is described in "South King County Subregional Housing Action Framework — Task 2 Housing Context Assessment Methods Memo" (ECONorthwest, July 15, 2020) 39 ECONorthwest. 2020. Federal Way: South King County Sub -Regional Housing Action Plan Framework. Original data from OFM, 2019; PSRC, 2017. 40 Washington State Office of Financial Management. 2019. "Housing estimates." IIIDecember 2020 City of Federal Way I Housing Needs Assessment 37 without additional subsidy. In the middle are households with incomes between 50 and 80% of AMI. While it would be unlikely that private housing developers would produce new ownership units at this affordability level, they could produce rental units affordable to many of these households. The likelihood of them doing so would depend on policies and regulations that impact the cost of housing development in Federal Way. Housing preservation may also be an important strategy in Federal Way. As housing costs rise, the existing stock of market -rate homes affordable at lower income levels could diminish significantly. Furthermore, many subsidized units could expire in coming years. The City could work with partners to purchase and preserve these units to maintain their affordability and reduce the risk of displacement. Exhibit 36. Total Additional Housing Units Needed in 2040 by Affordability Level (% of AMI) AMI 0-30% 30-50% 50-80% 80-100% # of Units % of Units 950 14% 1,289 19% 1,629 24% 814 12% 100%+ 2,104 31 % Sources: OFM, 2079; PSRC, 2017; ECONorthwest Calculation, 2020. This analysis also indicates a need for more smaller -scale housing units, such as studios or accessory dwelling units, to help accommodate the community's large number of one -person households. Additionally, Federal Way has seen a steep increase in the number of large households with four or more members. Many of these households are renters, and there is a need for more large apartments and rentals to accommodate these residents. In addition to needing an increased number of units, stakeholders underscored the need for community - building to accompany housing production. New housing alone does not provide the services and quality of life needed to sustain Federal Way's households. Access to quality education, health care, supportive services, childcare, parks and recreation, and mental healthcare will support quality of life for all residents, with the greatest impact on households living below median incomes. Strategies to plan for and incentivize complete neighborhoods that include opportunity and space for community building were noted as an important development gap. City of Federal Way Housing Action Plan I Appendices APPENDIX B: FEDERAL WAY HNA QUALITATIVE INTERVIEWS SUMMARY Federal Way HNA Qualitative Interviews Summary DRAFT 5/4/2021 MAKERS contacted 23 organizations and interviewed 6 groups over the phone or video conference during October and November 2020. Each conversation typically included 2 interviewees. Interview participants included: • Small local landlords (Peter and Kathleen Tenerelli) • Small local construction company (Aleksey Guyvoronsky, Ace Construction) • Local church members (Minister Drew Dixon and 2 church members, Church of Christ) • Housing advocates (Patience Malaba and Marty Kooistra, HDC) • Local architect/developer (Bill McCaffrey, The Nexus Studio) • Affordable housing builder and repair (Bret D'Antonio, Habitat for Humanity Seattle -King County) The following themes arose in these interviews. When a suggestion or topic was raised in more than one interview, it is noted below with "multiple interviews." Maintain Rental Affordability • There should be no limit on the number of people allowed in a unit. Recognize people's individual choices and life circumstances. (multiple interviews) • Landlords providing "naturally occurring affordable" rental houses bought houses almost 20 years ago when sales prices were lower. Thus, they can afford to charge low rents. They recognize that if they bought now, they would no longer be able to offer affordable rentals. Likewise, their current tenants, though making similar incomes, cannot afford to buy now. • Consider rent control (residents feel like it's getting out of control). Improve Development Feasibility • Attract developers: o Show development community Federal Way is serious about opening its arms (like Tacoma). o Demonstrate feasibility for missing middle housing to attract investors. Do site concepts and pro forma analyses. Clearly show the City requirements. • Update development code: o To compete with Tacoma and other nearby cities, remove code barriers in lower density zones to townhouses, DADUs, ADUs, and small single family to accommodate entry level homes. 'multiple interviews) o Make code requirements clear (like Seattle). o FW's cottage housing regulations are well crafted. 1 • Consider fee adjustments: o High impact fees are preventing multifamily development. o Reduce development fees. (Fee deferral doesn't save developers much money.) • FW staff capacity caused some delay in permitting processes. Commit to consistently staffing a full planning department. • Provide adequate infrastructure as possible. Most developers won't want to deal with a site that has no streets and utilities. • Developers can avoid public backlash by design cottages, duplexes, and triplexes that fit into the existing neighborhood scale. • Good examples where cities spurred desired development: • Burien demonstration project —allowed greater density • Seattle ADUs and limited parking regulations • Portland allowance for 50% more affordable homes than market -rate on low density lots (sixplex vs fourplex) Housing Needs • Housing supply in general (multiple interviews) • Family -sized homes (3+ bedrooms) (multiple interviews) • Home ownership opportunities (multiple interviews) • Missing middle housing types and starter homes (multiple interviews) • Single adults 55+, especially women and baby boomer couples who are downsizing. This is a fast-growing segment looking for a community setting with the privacy of a single family house. • 5-6 story apartments in station areas/equitable mixed -use, transit -oriented development (TOD) with homes affordable to a range of incomes • Extremely Low Income homes —no jurisdiction in King County has met these targets, and rents have grown fastest in South King over the last 3 years. • ADUs Improve Ownership Opportunities • There is a strong desire for more homeownership opportunities (multiple interviews). • Lock in existing affordability with community land trusts (multiple interviews). • Offer education/training/support for home buying, especially for immigrants or people speaking languages other than English (multiple interviews). • Access to credit and down payment are the biggest barriers; consider a down payment revolving fund. • Connect community members with the Washington State Financing Housing Commission's down payment assistance program. Curb/Address Displacement • Offer credit counseling and trainings before eviction. • Displacement is an issue in South King County with fast -rising rents and lack of homes affordable to extremely low income households. 2 • Develop a community preference policy to allow displaced people to return with redevelopment. Do proactive marketing, outreach, and credit remediation work. Complete Community Needs • Cities have legitimate concerns that if they don't have infrastructure or school funding, they can't safely claim they can accept more people. Work with regional partners to form an equitable regional way to distribute resources. • Invest in sidewalks and lighting, especially along Military Rd, to go hand -in -hand with increased numbers of people using these facilities. • Continue requiring impact fees for schools with redevelopment. • Provide additional parks or outdoor gathering space. • Offer more support for immigrants and build trust, community strength, and mutual support through multi-lingual services/communication and community liaisons. • Transit -oriented development is a win for all to achieve more homes near more resources. Other • "Every public official on every board should be aware that the decisions they make will affect housing affordability for their kids and grandkids." • Maintain a focus on and expand shelters, day centers, and transitional housing and services. 3 City of Federal Way Housing Action Plan I Appendices APPENDIX C: VISUAL PREFERENCE SURVEY RESULTS Federal Way Housing Action Plan Housing Options Visual Preference Survey Results Summary Participation The survey was hosted on SurveyMonkey.com. The survey had 39 image -related questions, followed by several demographic questions at the end of the survey. The survey recorded 226 responses between January 8 and February 11, 2021, and the typical completion time was nine minutes. Format 36 image -based multiple-choice questions and 3 open-ended questions asked respondents to assess a range of "missing middle" housing buildings and multifamily buildings. The images included a mix of architectural styles and configurations. The 36 image questions were divided into three categories: single-family areas, multifamily areas, and commercial/downtown areas. Each image was captioned with a list of notable design features. Respondents were asked whether they would like each example in the respective area. Respondent's choices for these questions were the following: 5. Yes — enthusiastically! 4. Yes —acceptable 3. Neutral/unsure 2. Probably not 1. Absolutely not! An average score for each question was developed. An average score of 5 is highly positive, 3 is neutral, and 1 is highly negative. Key Findings Generally positive reception. Participants, including both homeowners and renters, responded positively to many of the images presented. A majority of survey -takers answered either "enthusiastic" or "acceptable" to examples of several different housing types, including duplexes and triplexes in single-family zones, townhouses in multifamily zones, and apartments and mixed -use buildings in downtown zones. Renters show even more support. In all but approximately three images, renters more enthusiastically support the images. Where images included renter amenities like outdoor shared deck space, ratings among renters were very high. Duplexes and triplexes in single family zones are supported. All scored positively except for modern or garage -dominated images. MAKERS architecture and urban design Page 1 SnapshotVPSSurveyResults_2021-05-06.docx Townhouses in multifamily zones are supported. Townhouse images received very high scores except when dominated by paving and garages. Mixed results on 3-4-story apartments/condos. While most owners viewed these building types generally neutrally or negatively, renters viewed them positively. Apartments/condos in commercial and downtown zones are supported. Across the board, most participants viewed these building types favorably, except when monotonous, monolithic, or messy. Renters particularly appreciated outdoor common space like courtyards and decks. Design matters. Images that received low scores typically included heavily paved areas with no landscaping, garages as a predominate feature, a lack of private entry definition, or monolithic or messy designs. Demographics Figure 1. If you live in Federal Way, do you Of the 226 respondents: own or rent your home? • 91% are Federal Way residents Different situation • 88% live in single-family areas 50/0(8) Rent —� • 86% own their homes (see Figure 1) 10% (17) • 44% spend more than 30% of income on housing • 11.5% identify as people of color • 50% are between 46 and 64 years old; and about a quarter are older and a quarter are younger ` Own 86% (150) MAKERS architecture and urban design Page 2 SnapshotVPSSurveyResults_2021-05-06.docx Figure 2. 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ONinann N9t.e99 f N era alYr .luMSpPr. ffi15 ® Ordinena Npl 190 -R!� O �. (...... •' ® C°unce Agreement N94210 re _ yf1y. 5 rw xprs Q Ceuncit 0.pr.em.nl R431, ` °e e GX p5 5ouw 0 Ordlnence NPB310 0 °rdinence N042N1 Q. �A;' Z ._........ �� Federal Way MAP II-2 m °ra�nene. N,a+p+ �a ® ominen�. Nla e4s 14tle rm,ro ,-:. -"`u .�«M.�i�dr, pnn rtr. ear °rRMer . MAKERS architecture and urban design Page 3 SnapshotVPSSurveyResults_2021-05-06.docx Single Family Zones - Missing Middle Types The first question series asked about a range of duplex and triplex home styles' appropriateness in single family zones. Participants generally viewed the images positively, except for modern or garage - dominated images. Renters showed even stronger support. Top -rated Images Corner Duplex Duplex Separated garages, entries, roof variation Owner/Renter Response 443, Own —� Q43: Rent M 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Average score: 3.6 Owner/Renter Response Q43: Own Q43: Reat 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Average score: 3.5 0 Yes - enthusiastically! 0 Yes -acceptable Probably not 9 Absolutely not! MAKERS architecture and urban design SnapshotVPSSurveyResults_2021-05-06.docx Neutral/unsure Paae 4 Bottom -rated Image Triplex Modern, garages to rear off alley, entries, faSade variation Owner/Renter Response Q43 Own Q43: R-t 0% 10% 20% 30% 40% 50% 50% 70% 80% 90% 100% Average score: 2.5 Multifamily Zones — Townhouses and 3-4-story Apartments/Condos The second question series asked about townhouse and 3-4-story apartment/condo styles' appropriateness in multifamily zones. Participants viewed the townhouse images favorably (except where paving dominated the landscape) and generally had a neutral to negative response to the apartment/condo images. However, renters showed support for all, especially for images that showed landscaped courtyards or other renter amenities. Top -rated Images Townhouse Garages to rear off alley, entries, roof variation Owner/Renter Response Q43: 1 Q43: 0°/a 10°A 20% 30% 40% 50% 60% 70% 80% 90% 100% Average score: 3.7 Note, this image received the top score across all images on this survey. E Yes - enthusiastically! 0 Yes -acceptable El Probably not 0 Absolutely not! MAKERS architecture and urban design SnapshotVPSSurveyResults_2021-05-06.docx Neutral/unsure Paae 5 Townhouse Buildings front private infernal drive, separate garages, entries, roof variation, landscape 3-story Residential Faces internal courtyard, parking underneath, fagade/roof variation, balconies Owner/Renter Response Q43_ a,v, Q43: Rent 0% 10% 20% 30-6 40% 50% 60% 70% 801A 9D% 100% Average score: 3.4 Owner/Renter Response Q43: Own 941 Rent 0% 10% 20% 30% 40% 50% 60% 70% 90% 90% 100% Average score: 3.0 Yes - enthusiastically! M Yes -acceptable Probably not M Absolutely not! MAKERS architecture and urban design SnapshotVPSSurveyResults_2021-05-06.docx Neutral/unsure Paae 6 Bottom -rated Image Townhouse Building fronts private internal drive, separate garages, entries, roof/fagade variation Owner/Renter Response Q43:0wn _. — Q43: Rent 0% 10% 20% 30% 40% 50% 60% 70% 00% 90% 100% Average score: 2.5 0 Yes - enthusiastically! 0 Yes - acceptable Neutral/unsure Probably not M Absolutely not! MAKERS architecture and urban design Page 7 SnapshotVPSSurveyResults_2021-05-06.docx Commercial/Downtown Zones — Apartments/Condos The third image series asked about the appropriateness of 5-8-story apartment/condo home styles in the commercial and downtown zones. There was an overall positive response amongst both owners and renters. The top -rated image shows a mixed -use building with a pleasant street level environment, balconies, extensive fagade variation/modulation, and stepbacks on upper floors. In these larger buildings, participants supported both traditional and modern styles. Again, renters scored images with outdoor amenity space very positively. No images stood out as the bottom -rated image, but participants generally showed less support for types that were monotonous, monolithic, or messy. Top -rated Image 5-story Mixed Use Underground parking, faSade modulation, mix of materials, balconies, wide sidewalk Figure 3. Renters scored this image with an outdoor deck especially positively. Owner/Renter Response Q43 Own Q43: pent 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Average score: 3.4 Yes - enthusiastically! E Yes -acceptable Neutral/unsure Probably not M Absolutely not! MAKERS architecture and urban design Page 8 SnapshotVPSSurveyResults_2021-05-06.docx Image Question Results An average score of 5 is highly positive, 3 is neutral, and 1 is highly negative. Single -Family Areas On tv ro L L G1 U , � Yes- enthusiastically! � Yes -acceptable � Neutral/unsure Image Q(A Probably not E Absolutely not! 1 3.6 Q1 Would you like this in single family areas? Notable design features in the above example: - Corner duplex- Garagestdriveways and covered front r entries on opposite streets- Modulated fgade and roofline V � Ansveretl: 225 SkiPPed l = I N.ntt.�Nnent� Ae.o[ yot■ 2 3.1 Q2 Would you like this in single family areas?Notable design features in the above example:- Duplex- Front drivewaysigarages and covered front entries (separated)- Modulated roofline and fagade Ansxeretl. M Sk,p d. y erM1M1u.laetk.■ Neu aclfunSUl hab.0ly na� Anse[utgy no� *Slightly less support among renters. 3 - 3.2 Q3 Would you like this in single family areas?Notable design features in the above example:- Modern duplex- Front drivewayslgarages (separated) - Modulated fagade- Low fence A—.d: 224 Sk,p d:2 I -" I enthoslas[Ic_ ROL.EIy no� nosMutety na� MAKERS architecture and urban design Page 9 SnapshotVPSSurveyResults_2021-05-06.docx 4 3 5 Q4 Would you like this in single family areas?Notable design features ii the above example:- Duplex- Separated garages/driveways and covere front entries- Modulated fagade and roofline An,—d. 225 Skipp,.d.1 entnunastic� ::■ - ■ acceprabl Nwtrallunnur- � � PrabeblY no� —_.. - Absolutely no 0% 10% 10% 3091 40% 50% 6O T0f5 09% 90% 1p 5 2.7 Q5 Would you like this in single family areas?Notable design features i the above example:- Duplex- Front drivewaylgarage and covered entrie y: (separated) t -- An—d. 224 Skipped: 2 i � � enthuslas l — — ccept,btabl [ Probably no Absolutely no 0% 10% 6 _ 3.3 Q6 Would you like this in single family areas?Notable design features in the above example:- Duplex - Garages/driveways to the rear off an alley - Separate covered entries- Modulated roofline and fagade Anavrered_ 225 SNiPPd- 1 I. yes � un+ty[y�l Neu[rellunuur- Pra5s61Y na� AWalutdy no� o% to% aosa w� aox 5a% 00% ]o% eox 90% t00% 7 3.0 Q7 Would you like this in single family areas?Notable design features in the above example:- Modern duplex- Garages/driveways to the rear off an -- — alley- Separate covered entries- Modulated fagade Ansv — zzb Sk.pp. i _ ent M1usras 1@S accep[abl __ Nweralhnnur_ - Prubnbly no I Abcol y no� I �B ® ■ 0es t0% wee avw aPeh Sax eow '!oti a.t. *Slightly less support among renters. MAKERS architecture and urban design Page 10 SnapshotVPSSurveyResults-2021-05-06.docx g 3.0 Q8 Would you like this in single family areas?Notable design features i the above example:- Stacked duplex (one unit over the other)- Porche: y _ and entries on first and second floors- Driveway to side and garages it z rear - Answ 0 115 Sk pnnd 'k9 u[ePlabl� NlvtraVunaur- Probably nV� AbaolucNy no� 0% 10% 20% 30°k a0% Sb% 60% '10% 60A: 90% 100% 9 2 g Q9 Would you like this in single family areas?Notable design features in the above example:- Triplex - Garages/driveways to the rear off an alley - Separate covered entries- Modulated roofline and fagade Ans d. 225 Skipced 1 - .y; yq .MM1uea 17 ■s ..m.bl� Neunalhncur- Probably no� AMolu yno� 0% 10% 30% 3046 aOYa a- 60% 'IVYo am a- IOOYo 10 2.5 Q10 Would you like this in single family areas?Notable design features ii the above example:- Modern triplex - Garagesldriveways to the rear off e alley- Separate covered entries- Modulated fagade _ AnSwCl6d. 225 Skipped 1 v¢s nMhusaarin- � _ � ■ � `kc xwPtahl� � 1`aa=�•-�! r.= .. — Ili rveutrtlNnaur- nrYbnbrY nV� ii i Ahsolutelyn� 9tln am em 9G% 80°h am 100% *Significantly more support among renters. 11 2.8 Q11 Would you like this in single family areas?Notable design features in the above example:- Triplex- Separated single -car garages/driveways- Separate covered entries- Modulated roofline and fagade Answer2M1 224 5k,p d. 3 — - BMkuciacti[.■ ucep[abl— NatnVuncVr� ��- AbsVlulelY nV� p% tpM 30% 50% 4M 50% 60% Vpp BM S M 100% MAKERS architecture and urban design Page 11 SnapshotVPSSurveyResults_2021-05-06.docx 12 2 6 Q12 Would you like this in single family areas?Notable design features in the above example:- Triplex- Separated two -car garages/driveways- Separate covered entries- Modulated ronfline and fagade n .. ekid 2 `� Yea a ccep[abl W I♦III,,� � � I Neur.1/unnur- Probably m� Absdu[ely Or. asw ca°6. .bw.6 smx s Or: 6os: ias. eos. a�.6 i0nw *Significantly more support among renters. 13 Do you have any comments on the specific 90 written comments features that are acceptable or unacceptable in the single family images above? Single -Family Areas Written Comments • Duplex is OK with design consistent with current design trends. Modern box designs don't fit in. Triplex are not acceptable. • Really love the duplex, triplex. Less emphasis on garages, parking, and pavement. The driveways in alleys... yes! Emphasize walkability and connection to the already great roadway system, sidewalks, and transit the city has. Time to start emphasizing housing. What about quadraplex? Has the city considered that? Stacked flats? Get more density and make it more affordable to build? Can the city ensure affordable housing providers and for market builders have a say in pulling together new regulations to make sure things get built? Incentives to production? Don't over regulate design or parking or require wide roads (unsafe for pedestrians, too much pavement and bad for environment). Always protecting single family residential is not inclusive. Singling out areas as "low-income," or "only for seniors," or "that part of town with lots of apartments," is segregating. It's time the city stops racist development patterns. Integration, multigenerational, multi -income, multi -ethnic. Get ahead of forcing low-income, seniors, or MAKERS architecture and urban design SnapshotVPSSurveyResults_2021-05-06.docx communities of color out though with new, more expensive development. Make sure there's some protections for communities too. Thank you for working to provide new housing opportunities hopefully at more affordable rates too! • It seems like many of these example duplexes have a small front yard. Will there be plans to build them in areas with accessible and safe play areas for children? • Why would a single family want to accept a duplex. Why would we? • No 4 and 11 would be acceptable with more uniform trim. The different brick location and siding are awful. 11 would be better with the siding and brick pattern of the mid unit, the end units the same color. The difference of the atrium roof is good. The other extreme is 12 which is too bland. Perhaps different garage doors to break up the monotony. • These homes need to stay clean outside. • Only true single-family homes. No more duplex/triplex/apartments, no more section 8 • Needs to fit in with the rest of the neighborhood. Should not stand out and be entirely different. 12 • If the garage is in the back of the complex, is there a back door or do homeowners walk to the front with groceries, children, etc.? If so, then I would not like the design. • Whatever allows more families to live in Federal Way! • Duplexes are ok, triplexes are too much like apartments or condos. • Not crazy with MORE multiple family housing units in my neighborhood We have Highpoint already and that is Way more than what we found Acceptable • We don't have enough housing unit is for everybody who needs a place to live in our city. That's not an act of nature, it's a function of policies within the control of the City Council. If members of the City Council do not dramatically increase the number of housing units allowed in the city's comprehensive plan and zoning code, Federal Way's children will graduate from our schools and then be forced out of town by economic necessity. In the process, their parents will become senior citizens who are separated from their adult children at the time of life the parents need their children most. The result? We will allow knowingly and foreseeably allow economic necessity - created by the City Council's failure to address the lack of access to the necessities of life (specifically housing) - to shred the social fabric of our community, tarnish the golden years of our seniors, and drop-kick our children into a future that requires them to live well beyond - perhaps counties beyond - the city limits of Federal Way. Leadership is not easy. Stepping -up to address this challenge courageously will not be easy for members of the City Council. The Council's leadership - or its failure to lead - will be evident for decades to come. Addressing this specific challenge will define the Courageous Legacy, or the Catastrophe of paralysis, of this generation of Federal Way's MAKERS architecture and urban design SnapshotVPSSurveyResults_2021-05-06.docx elected leaders. The surest way for City Council members to keep their job, is to do their job. THAT is the standard by which Councilmembers should answer the questions propounded in this survey. • Triplexes, even with garages, will lead to more cars parked on street. • Driveways to side/alleys and garages in back are highly desirable. Garages that take up 50%+ of front facade highly undesirable. • Most models with unique architectural designs would be acceptable. Only concern for Federal Way is being overbuilt and heavy traffic congestion! Getting worst with no solution! • The acceptable choices are mainly aesthetics. I prefer the modern facade and more tradition decorative facades. • Single -Family should be defined by horizontal units with no more than 3 units being attached. • Adequate onsite parking is a MUST or streets are clogged with vehicles. • Like modern aspects of some of these and designs that don't scream duplex. • The units that look like they are obviously a duplex or triplex do not belong in neighborhoods with single family homes. • Duplexes are acceptable since housing size would likely be comparable to SFH. Triplex is too large and would trend towards looking like an apartment building. • Given our weather, a separate garage in the back is not ideal. • alley -way parking is great. For the love of god, do not put multi -family dwelling in those tiny cul-de-sacs. No one can park anywhere and it creates hazards for pedestrians. Just make sure sure each house has parking for 3 cars - everyone in FW has at least that many and it's hard to see oncoming traffic if people are parking on corners because there's no parking by their home. 13 • Driveways and garages have front access. No alley access to a garage in back or detached garages in back. • None of these homes truly fit in with current home designs. Try designing a home that would blend with neighborhoods that are established, not " new build " looking. So a rambler and not a fabricated looking 3 story mansion. Look at neighborhoods like marine view, twin lakes, or totem junior high area. These new builds stick out, are eye sores and look so out of place. I'm tired of new places being built, why not focus on using what is already out there and fixing them up for once. • Duplex seems to fit and architecture similar to what is the single family area. Triplex is too much. • I think all of these designs would be a great addition to any neighborhood. • Style needs to fit into the existing neighborhood. • I prefer those where the garages are in the back. Putting duplex/triplex with most families having multiple cars in single family neighborhoods means more cars and traffic. • Federal Way DOES NOT NEED ANY MORE LOW INCOME / homeless ANYTHING. Please no. So much crime and run down areas • What about "tiny houses" as an option? • I think a variety of styles will allow individuals to choose a place that seems like home to them. • Some are so modern they seem.out of sync with existing Federal Way look and feel, designs that bring more housing units than less is better. In the end the shared maintenance approach to mukti-housing is more critical than all these designs. • As long as the designs fit in with the neighborhoods, I see no reason why they can't be done. Of course you art going to run into NIMBY issues regardless of where you put them. Federal Way is the past has fought to MAKERS architecture and urban design SnapshotVPSSurveyResults_2021-05-06.docx keep affordable housing out stating they don't want those people living in there town. • Multiple connected housing units are ugly. And they jam too many people into one area. • No • Traffic and crime! • none of the images above are single family homes. they are duplex and triplex. in my opinion a single family home is a building with its own roof for a single family. duplex and triplex falls in the category of a mini apartment complex. • Do not at all like the 'modern' designs and Tri- plexes are too much. • Designs are fairly acceptable throughout. The problem I have is that the more people you stuff into a single building the more problematic the clientele becomes and the more consequences there are like parking problems. • Concern that all models show at least two (2) floors each. What about handicapped people? • They aren't single family • Need to look like single family homes if your are going to build them within the g single family zone. • We definitely need ultimate family housing so people can own a home, I just find the "modern" style absurdly ugly aesthetically. • Minimize visibility and space dedicated to cars (e.g. garages and driveways) and maximize density for people. • I would like any new construction to fit with the appearance of existing construction, and to look as much as possible like single family homes. I think that's better for the appearance of the neighborhoods and for the dignity of the homeowners. I would not like new builds to look too modern or to look like standard apartment and condo buildings. • None of them are SINGLE family houses!!! They are duplexes and triplexes!!! Not single family houses. These are all basically apartments!. Federal Way does not need more 14 apartments) I I Especially in single family zoning. • Unless Federal Way increases financial support for community infrastructure --public transportation, police, fire, water, sewer, waste -management, electricity, road maintenance, grocery stores, etc --to support an increase in population density, I do not support multi -family dwellings in current single-family home areas. This shift happened in in multiple Seattle neighborhoods, which drove up the cost of.living and further limited access to resources. • I have lived here in Federal Way since 1968. Growing up my parents always owned their own home. As I married I lived in an apt, for the past 10 yrs I live in a 3 bedroom duplex with attached garage. I've noticed FW doesn't have many duplexes and an abundance of triplexes. From my experience I would prefer living in a duplex as it feels more like a house instead of living on top of your neighbor • Single family is single family. Every structure is multi family so no, not in single family zoned neighborhoods. • These are not single family homes. Keep these out of the single family homes area. • Single family is one structure, one family. No on dueplexes. • Please let the "modern" looks be the last thing you approve. Thank you for asking our input • Acceptable ones are inviting the absolutely not ones are hideous or impractical • There needs to be a focus on single level living to meet the needs of our aging boomers. • More space between each dwelling is desired and needed. • Garages in a row at the street are most unappealing in a single family residential area. Providing more variety of lines and features of design improves appeal significantly. • Triplex is too much for single family home areas MAKERS architecture and urban design SnapshotVPSSurveyResults_2021-05-06.docx • Given the sheer amount of existing single- family homes in neighborhoods across Federal Way, I feel that duplexes would be ideal for infill development and new development mixed -in with standard single-family homes. Triplexes, on the other hand, would be more suited toward narrow & long building lots or new development that is built around them. Overall, I prefer the designs with garages in the back that are accessible from a back alley or single driveway leading from the front. These designs are more aesthetically -pleasing, take away less green space, and encourage walking & cycling (less curb cuts). The modern facades shown on this page are attractive, as are MOST of the traditional facades. The designs with a sizable front patio or porch are ideal. • these are all fine in appropriate areas. federal way has many areas where multi -family housing would work. but when I think of "single-family" zoning, i think of the typical neighborhood subdivision -- these generally don't work in those environments. Which is sort of moot, since I doubt we're going to be knocking down homes built in the 90s an replacing them with duplex/triplexes. I think these types of housing are fine in purpose- built developments and also become more find as we get closer to the city core/transit hubs • Triplexes put too many cars in too small of an area. People fill their garages with junk and then park their 2 or 3 cars in the driveway and street. Would look junky. • NONE of them are accessible for wheelchair persons. • Street parking not acceptable and strictly enforced for any of the designs. • Modern design does not fit Federal Way, I'm ok with duplex in single family neighborhoods, but do not like triplex in these areas. • Would there be extra parking areas, play parks? Extra sound proofing, firewalls?? 15 • All/each will increase density and require some existing homes to be razed. These need to be built where single family homes do not already exist. • Duplexes and triplexes are multifamily and therefore not single family housing. They go in a different neighborhood with different zoning. • The garage doors lined up in front look like an apartment. Also the multiple garages together may create parking concerns. • They all appear to be semi -attached instead of detached from one another, which crams more people together. • It really depends on the footprint of the new buildings and how they fit in the neighborhoods. Dozens of ranch style homes with a huge 2 story duplex in the middle of the block taking up every single inch of ground, ripping out trees SUCKS. • They all look cookie cutter and so my responses are based more on that. I appreciate that FW is interested in getting the community's feedback and I REALLY hope that more single family homes (verses apartments) are the direction we are headed. We need people who care and are invested in the growth and care for the area. • Is this a proposal? • Single family best for raising a family! No multi -family apartments!!! • They are not appealing and should not be in residential areas • Prefer to see shared/combined driveway space to maximize available green space. • eye -pleasing designs are always welcome • my question is , when you talk about putting these in residential areas, does that mean I could have one next door? I would like more information of the impact of the value of existing single family homes if these type of homes are placed in existing residential neighborhoods. MAKERS architecture and urban design SnapshotVPSSurveyResults_2021-05-06.docx • Whatever goes in must integrate visually with that neighborhood. Nothing worse than an ultra -modern building in a craftsman -style or mid-century neighborhood. • I would ask that if they are coming into neighborhoods that they be maintained. We do not need any more 'affordable housing' especially with so many amenities. Any new builds should be harmonious into the existing neighborhood. No ultra modern builds in a 70's era neighborhood. • What about cottage home communities? The triplexes would be acceptable on certain roads in single-family zoned areas. • Add sound proofing between shared walls. Make them all owner occupy or renter occupy. Not a mix. Move driveways to outer side of area. Be mindful of back yard area, sharing is hard for upkeep and use. • Higher density that doesn't scream higher density is much preferred. • no more building unless the city is able to reap the benefits of taxes ................ • The recent increase in home rentals, nursing homes and extended families are already causing significant parking headaches in some established neighborhoods. Increasing density like this in areas traditionally zoned 7.2 will just make it worse. We've still got plenty of density opportunities along the corridor roads in Federal Way. Please don't push density like this into the 7.2 zones, too. Federal Way is a suburban city and we need to protect families who choose that lifestyle. Look what has happened to West Seattle, where many old single family lots have been redeveloped with duplexes. Don't do this here. That will just be yet another red mark on Federal Way. • Single family zoning does not equate to building duplexes. Traditionally, duplexes drive down the value of neighborhoods. Federal Way needs to look at ways of maintaining and increasing our areas value. We already have more than our fair share of 16 everything but single family dwellings. What do you want the future of Federal Way to be? I have been waiting for years to see improvements, I am still waiting. I do not see the choice of building more multi family housing as improving anything in our city. • All of the builds are really not single family as 2 families are in each one causing more crowding per acre or square mile. Society is better off with people not being contained in small areas. Where are the choices for true MAKERS architecture and urban design SnapshotVPSSurveyResults_2021-05-06.docx single family homes. Or has the city already made it's choice with out the vote of the people. • For image 12, the street -level seems a little dominated by 2 car garage doors. • Single Family Area to me means single family houses and properties are separate properties with space inbetween. No duplexes or Tri Plexs. • a upstairs 17 Multifamily Areas a, as a ra L L p > N Yes -enthusiastically! 0 Yes -acceptable 0 Neutral/unsure Question/Image a j Probably not 0 Absolutely not! 14 3 7 Q14 Would you like this in multi -family areas?Notable design features in the above example:- Three -unit townhouse building - Garages/driveways to the rear off an alley - Separate covered entries- Modulated roofline and fagade Ans ed: 204 Skipped. 22 e �!r' �" entnusi tic _ ur- - 30% 40% 60% 60% 'N% so% 90% 100% 15 3.0 Q15 Would you like this in multi -family areas?Notable design features in the above example:- Townhouse building- Separated garages/driveways / facing the street- Separate covered entries - Modulated roofline and fagade 1 1` Answered: 206 SkippedN encn�a .■ - - [ I _Ptem� WutrNlunsV aabably aa� -_ Abeoletely na� Oct 10% 209. 30% 40% 5Un Go% 'sOw so, so% low. 16 .2.5 Q16 Would you like this in multi -family areas?Notable design features i -- the above example:- Townhouse building fronting on a private internal drive- Separate covered entries - Modulated roofline and facade AnSwerlN'. 207 5Nipped'. 19 a�Pma � — Neutralhnsu� RebablY no� Fbsolutely no� 00% 40% so,60% 90% 90% l00% *Significantly more support among renters. MAKERS architecture and urban design Page 18 SnapshotVPSSurveyResults_2021-05-06.docx Multifamily Areas GO (� L �o � cn a 44 Yes -enthusiastically! 0 Yes -acceptable E Neutral/unsure Question/Image 71 Probably not E Absolutely not! 17 3 4 Q17 Would you like this in multi -family areas?Notable design features i r the above example:- Townhouse building fronting on a private internal drive- Separated garagesidriveways and covered entries- Modulated roofline and facade- Trees and landscaping- Private balconies Arovrered: 2M ShpWd. 2b 1 ��{ry�� 'f- I entbasasilc- � Ih Neatrawn Probably no� Abso1utely-0 0% — Yax 50% a6% 50 60% — 80 9 10ax 18 3 0 Q18 Would you like this in multi -family areas?Notable design features in the above example:- Townhouse building - Separate covered entries - Modulated roofline and facade- Garagesidriveways to the rear off an alley NasNeied'. 206 Skipped' 211 ' � w Yee rn[Naakallc.- - Neutnllunsa� • _�.�.._ � �;1: � _c_— _ AbanlalalynP� 6=,: 10'n 40x ]Ox edx 50x 80x 'row BOx 90x 100x *Significantly more support among renters. 19 3.2 Q19 Would you like this in multi -family areas?Notable design features in the above example:- Townhouse building - Garagesidriveways to the rear off an alley - Separate covered entries, - Modulated roofline and facade =- Answered. 2 7 Skipped'. A emNusfaztic.- i r}!� �_ b ceptabI Na,lnVunsur_ lnabeblY no� Absolutely nu� r i., Sax 6p ylm BOx svx i005c *Significantly more support among renters. MAKERS architecture and urban design Page 19 SnapshotVPSSurveyResults_2021-05-06.docx Multifamily Areas �o � to a 44 Yes -enthusiastically! 0 Yes -acceptable E Neutral/unsure Question/Image Probably not E Absolutely not! 20 is1 3.0 Q20 Would you like this in multi -family areas?Notable design features in the above example:- Two-story apartment building - Covered entries facing ithe street- Modulated roofline and facade- Surface parking in back Ansreied2O7 SkiPPNN' 19 � accep[ehl� Neu[Aallunsur_ PrbbablY nP� Absolu yno� 21 2.7 Q21 Would you like this in multi -family areas?Notable design features in the above example:- Three-story residential building - Shared covered entry facing the street- Facade modulation- Parking in back off an alley --- � AiawcreE: 205 sbippetl: zt t2 ]'C ii obi lis uentrnlhyn� ® Prob.bty no= a pyalPlNy ne� Oil 10% 1Ofi ]0% ♦O% 5^ 60% M% 8O1b 90%100% 22 2.9 Q22 Would you like this in multi -family areas?Notable design features in the above example:- Three-story residential building- Mix of covered and surface parking- Facade and roofline modulation- Decorative entry - Balconies 1 Answer 2O6 Skipp.. 2O �I i' [M1 [e9■ en usias 11 -- - Nw[talhnaor- I ll Probably no� -' ----------- Absolu yno� MAKERS architecture and urban design Page 20 SnapshotVPSSurveyResults_2021-05-06.docx Multifamily Areas ai U 9 V1 Yes- enthusiastically! ON Yes -acceptable EM Neutral/unsure Question/Image a Probablynot NAbsolutetynotl 23 2.6 Q23 Would you like this in multi -family areas?Notable design features in the above example:- Three-story walk-up residential building- Surface parking in back- Fapade and roofline modulation- Fenced/landscaped setback +. A,,,-, tl: 2Cb Sk,a d 20 �� j =- 1 rn[bkvlasNc■ AbaPlu[ely nP� 24 _ 3.0 Q24 Would you like this in multi -family areas?Notable design features in the above example:- Three-story residential building facing internal courtyard- Parking underneath- Fagade and roofline modulation- Balconies Arswere0: 205 Skippe . 2L acreptabl� I "� i � ICI I � Neurnllunau� Probahl Rbwmuly o�l *Significantly more support among renters. 25 Utz '\ -____ 3.6 Q25 Would you like this in multi -family areas?Notable design features in the above example:- Four-story residential building- Parking underneath- +Fy" 1 Facade and roofline modulation- Courtyard entry with landscaping Aruweretl_ 207 Sklpp d A ■ — b e, aePlabl Probably n 0 Rh.alu LelY no� ON. 1" RO% 309i 40% 50% 60% ]0 . &1% 90% 10p% *Significantly more support among renters. 26 Do you have any comments on the specific 56 written comments features that are acceptable or unacceptable in the multi family images above? MAKERS architecture and urban design Page 21 SnapshotVPSSurveyResults_2021-05-06.docx Multifamily Areas Written Comments • "House looking" is favored over box -look. • Trees and landscaping a must. Under -building parking preferred. • Love the ones with common areas, courtyards and those with a variety of parking options. No need for always providing one giant paved beast of a parking lot. Underground parking is so expensive. If did it, would need to allow for other incentives and maybe more densities to help keep building costs down and make it more affordable to lease/buy. For some of the townhomes, how about shared parking areas? No need for every unit to have it's own garage? Shared storage areas? Common guest parking? Work with builders and lenders to ensure that policies can reflect what can actually be built to help working families buy a home or a senior buy a home or maybe a first time buy a home. • I do not want it to look like an apartment complex • Will planned multi -family buildings be located in areas close to public transportation? • Ugh --density. • There must be room for people to be outside and safe from traffic and traffic fumes. • Just let people build according to guidelines. Do not tie them up in years of reviews! • NO MORE HIGHPOINTS in residential 1-2 story existing neighborhoods!!! • Please see the answer to question number 13. • It's 2021, we should not be permitting developments with no sidewalks or no direct sidewalk access that isn't across a parking lot. • Multi -Family should be defined by vertical integration of units, and include horizontally integrated units with more than 3 attached units. • Again, adequate off street parking is essential. • Most of these examples are real similar. Would be nice if Federal Way would be a leader in design versus a follower. All these are good options. They all look nice. It is more about making sure they and the area are maintained over time. Also that there is enough parking in the surrounding area and/or access to transportation. Enough parking (2 cars/household), and easily - accessible units for people with mobility challenges. I like the aesthetic of steps going into/out of buildings, but that's really hard on folks with disabilities. • You want a multi family building, use Weyerhaeuser. All these designs are junk! They look completely out of place, cheap and scream low income housing! It looks like you are trying to pack in a huge amount of people in one small area! Unacceptable! And this just says to me that people will be parking their 4 cars for every household on a single lane street- causing congestion, looking absolutely awful and encouraging car breaking- look at the shag building- there is broken glass all around that building all the time. Use the old target building, the vacant gold gym building on 1st ave, or any other number of vacant buildings. Stop building on every inch of land !!! It's disgusting! Like the apartments to the side of Lowe's or near city hall- they're all awful! • No more apartments in Federal Way. I have lived here over SS years. It is ghetto enough. Build a zoo instead and send the homeless to California. Gov Newsome needs some voters. • I think any/all options should be available. • q@ • Underground parking is great. • The tri-levels seem crowded, but preferable to homelessness • All new areas need to match the surroundings and have plenty of area for children. Also see prior comments. • Do not like under ground parking and like the idea of having balcony facing a courtyard or play area. MAKERS architecture and urban design Page 22 SnapshotVPSSurveyResults_2021-05-06.docx • concerns regarding parking, traffic and property damage to transportation vehicles, etc. Also storage of items. people have a lot of stuff, many times garage are used to store items and cars are parked in the streets. so of we develop houses with no storage we should ensure there is adequate parking. average family in my opinion has 2-3 vehicles for a married couple with no children. if there are children then it is 3+ vehicles. multi bedroom homes that are low priced also sometimes are occupied by several unrelated adults (room mates) so a 2 bedroom may have 4 adults with 4 separate vehicles. the designs and space use should consider this aspect of reality. • These are great. We need places for families to move into! • Strong preference for density (let's build tall!) and hidden parking. • I would like the exterior to look as much like traditional single-family housing as possible, and to avoid the modern look that I associate with office buildings. I would like as many trees as possible, and I like the idea of parking being out of sight. I don't want more units that look like the usual apartment and condo buildings. When garages are available, I'd like them to be at the back of the building or to give the appearance, as much as possible, of single-family homes, rather than having rows of garages visible from the front. Rows of carports in front are also a problem. Having all the cars in front puts the focus on the parking rather than the home. • Federal Way has its share of high occupancy housing. It's time to concentrate of stopping the apartment growth and focus on improving what we have. No more apartments. • Too many 3 story apt complexes would rather see duplexes or town homes • There must be enough parking for each unit required. At least two cars with visitor parking. MAKERS architecture and urban design SnapshotVPSSurveyResults_2021-05-06.docx • We do not like the back alley parking type properties. • Acceptable are homey and inviting; probably not or unacceptable at not attractive or too tall. We already have enough mega -tall gargantuan complexed. Hopefully these duplex/triplex homes will be for sale rather than for rent to allow Federal Way Residents to build wealth at an entry level. ALSO hopefully they will be 1-2 bedroom to allow single people or couples just starting out. There have been near or over 1000 family units built in FW since 2014/2016 and nothing for single/2 person households. We need diversity in household and diversity in income levels. • Too crowded. • Modulation of lines, trees, landscaping, breaking up the features --all result in increased appeal. • All of the designs shown here are acceptable except for those in questions #15, #16, and #17. There are far too many curb cuts in #15 to walk down the sidewalk comfortably, while neither #16 nor #17 have a sidewalk at all. #17 has absolutely no vegetation incorporated into its design. Additionally, each of these designs' entryways/patios is too small to be functional. Regarding parking, the designs with underground parking and rear garages are preferable. The designs with surface parking lots in the rear should utilize poured concrete rather than asphalt for their lot surfaces, due to its better aesthetic appearance and longer lifespan. • taller and more dense is better. larger, sprawling complexes is worse. Closer to the city core/transit hub is better. (complexes on 21st and 320th are terrible - no services, minimal transit; closer to 348th is better; closer to Pacific Hwy and transit center/downtown is ideal) 23 • 4 story seems too high for Federal Way, landscaping (tress, other plants) are needed around these multifamily buildings • Aren't these just apartments and townhouses? • Duplexes or triplexes would be fine. FW has too many apartments already. • I don't like Apartments mainly because they are stacked on top of each other. Children are noisy And adults can be even worse • Traffic management is a concern with some of these. Three stories is about as high as a building can go without starting to look like an institution. Mixed entries are good. • No detached housing. Cramming people together. • There is never enough Surface parking which creates street parking which is unacceptable. Prefer parking spaces provided on sight • Again, amount of land versus building footprint versus destruction of established trees and habitat. • Again, we have more than enough apartments and need to increase our single family homes. • Multi -"family" apartments bring low income crime and unsupervised juvenile delinquents. Just ask FWPD and surrounding businesses) I I • Keeping them no more than two levels • all of these look too packed in a very small space and are very unattractive. MAKERS architecture and urban design SnapshotVPSSurveyResults_2021-05-06.docx • Too many people, the city cannot accommodate the schools and roads. Not to mention the skyrocketing crime since more multi family housing has been put in. • The courtyard entry is appealing as long as it is safe and secured. I would not want to come home late and have to walk through the courtyard otherwise. • We have enough apt type buildings. There is never enough parking, and a drain on schools. • Blocks of cramped apartments that offer no breathing room are not safe and are not productive for the community. • Please consider how landscaped areas would look after years of neglect. Many of the townhouse designs tend to be problematic with lots of little yards, which is why the landscaping at two-story apartments tend generally work better. • We have too many apartments as it is. Congested streets, over crowded public schools, etc. why continue to increase the density of this city? We need viable businesses more than residences. • More people per acre means more crime per acre, pollution and congestion. Why are there no option for traditional single family homes. Has the city already made plans and have their agenda mapped out. • thick walls and end units 24 Commercial/Downtown Areas v tia tv rt3 >r i � U > to Yes -enthusiastically! 0 Yes -acceptable E Neutral/unsure Question/Image Q Probablynot NAbsolutetynot! 27 \ 3.1 Q27 Would you like this in commercial/downtown areas?Notable design y features in the above example:- Six -story building with modern design - Live -work units on the ground floor- Residential units above with loft units A0, on the top floor- Underground parking- Balconies AMw2f£d: 1% ekippe 30 � I nnNuslastic,- �, � uxptnbl� � NeulrnUunsur_ I A.obablr �e� A-1 y no� 5� - 0% 10% RO% 30% 40% 50% 80% YO% 80% 90f6100% 28 _ 3.2 Q28 Would you like this in commercial/downtown areas?Notable design features in the above example:- Six -story building- Commercial on ground floor and residential units above- Underground parking - Varied facade materials- Various decks and balconies Answe2 IW Skipped'. 31 Imo. ■, _ � � ..lid �� nesolielr no� .a *Slightly less support among renters. 29 3.1 Q29 Would you like this in commercial/downtown areas?Notable design features in the above example:- Five -story building- Commercial use on — - ground floor and residential units above- Setback from street with retail parking in front- Fagade and roofline modulation _ Now "i. Answ .IM Skpp.. 28 , ' "f-1 m[M1esinnyk� ■ ■flow ■: r rr accnplNl� t■ _., , ■■ �■ ProbWly iw� m r ' � ■ 0% 10% N% 30Ya 90Y0 sm 80% 70% 80% 9D% M% I I � MAKERS architecture and urban design Page 25 SnapshotVPSSurveyResults_2021-05-06.docx Commercial/Downtown Areas tv as aU to L L Gl U > to Yes -enthusiastically! 0 Yes -acceptable E Neutral/unsure Question/Image Q Probablynot NAbsolutetynotl 30 3.2 Q30 Would you like this in commercialldowntown areas?Notable design features in the above example:- Five -story building- Commercial use on ground floor and residential units above- Underground parking - Small corner open space- Upper level building stepback Answeretl_ 198 Skipped 26 + ON �► io ;, ! i Absolutely na= Ofb 1D9L 20% ]fM 90X 509i 60% ]0% 60% 90W 1pp% 31 I 2 8 Q31 Would you like this in commercialldowntown areas?Notable design features in the above example:- Six -story building with modern design - Commercial use on ground floor and residential units above- Underground parking- Balconies A red 196 Skipped, 28 lu ,- fr—y- �r. t o 40 Abwlutely w MAKERS architecture and urban design Page 26 SnapshotVPSSurveyResults_2021-05-06.docx Commercial/Downtown Areas tv ba a) t� L L 41 U 9 t/f a Yes -enthusiastically! 0 Yes -acceptable E Neutral/unsure Question/Image Probablynot NAbsolutetynot! 32 l'I! ,, 2 9 Q32 Would you like this in commercial/downtown areas?Notable design features in the above example:- Six -story building - Commercial use on ground floor and retail parking on second floor- Residential units above- E Underground parking- Fa4ade modulation- Balconies Ansvre. 1% Skipped: 30 S - —�� - a _ Yes enlM1ns�asl�c� tl; J c - ep ehl� - Neulrtlhnsur_ 6ae♦ a ,�d__crz— � ._ _. _ Probably nn� . AM1EeIu y nb� 6% 1096 P044 30Y. 40% 50% 80% 'lOe6 80% 90e4100% 33 �- 3.4 Q33 Would you like this in commercialldowntown areas?Notable design features in the above example:- Five -story building- Commercial use on ground floor and residential units above - Underground parking- Fagade modulation and mix of materials- Balconies- Widened sidewalk Answered. 195 Skipped. 30 en[M1uaiulic� ` ��` 'y� _P[abl� Neutral/uneur- Probably nP� - - absolutely nP� p5c tote 2M 3bk 40% 561e 60 50% 99ic 90% 1p 34 3'0 Q34 Would you like this in commercial/downtown areas?Notable design features in the above example:- Five -story residential building- Elevated a stoops on ground floor- Underground parking- Mix of fagade materials Amwxnld 1% Sklpp d 3r1 Yea entM1esuelk.■ .—P[ebl� Nnutral/uncu� Prnbnbly na� _ _� 0.6salubelyn� 1" 10% SWA 46% E" 60% M% 80% 9(rM 100% *Significantly more support among renters. MAKERS architecture and urban design Page 27 SnapshotVPSSurveyResults_2021-05-06.docx Commercial/Downtown Areas ai ba a) tQ L L tU U 9 t/f a Yes -enthusiastically! 0 Yes -acceptable E Neutral/unsure Question/Image Probablynot NAbsolutetynotl 35 2.8 Q35 Would you like this in commercialldowntown areas?Notable design features in the above example:- Five -story residential building- Elevated stoops on ground floor- Fa4ade and roofline modulation- Mix of fagade materials- Structured parking behind the building Ansyre 196 Skipped_ ]u `r - ueyhAfunsu� 1, 1� S f i7 Probably no� - Absolutely no� 9% 1M6 9ML 30M16 90i: 50% 6M '+0% d0°k 9-10 36 3.1 Q36 Would you like this in commercial/downtown areas?Notable design features in the above example:- Six -story residential building with modern --_ design- Upper level deck for residents- Underground parking- Fagade A�,i+ �1i. � '-'- modulation �y■ Answer 197 Skip d.29 ``ff I-}Ol �i ' _ a oeptebl� Neu[ralfunzur_ probably no 0.bealutelY na *Significantly more support among renters. 37 2.9 Q37 Would you like this in commercial/downtown areas?Notable design features in the above example:- Seven story residential building(s) with modern design- Underground parking- Internal courtyard- Sky bridge- Fa�ade modulation Ansureretl'. 197 Skipp d 29 .rey enthusanic'- I,_. acceptably _.Am �. prrabablY no_ AbserntelY no� *Significantly more support among renters. MAKERS architecture and urban design Page 28 SnapshotVPSSurveyResults_2021-05-06.docx Commercial/Downtown Areas ai ba a) (� L L 41 U 9 Vf Yes -enthusiastically! E Yes -acceptable 0 Neutral/unsure Question/Image a Probably not 0 Absolutely not! 38 2 g Q38 Would you like this in commercialldowntown areas?Notable design features in the above example:- Eight -story residential building - Underground parking- Fagade modulation and a mix of materials- Balconies- Landscaped front yard I� / ans.,erm_>9c skpp l_ao � enNuslaeNc.i / f% 0% 104. Commercial/Downtown Areas Written Comments • Walls divided into various materials, especially • Is there a playground in the complex for using brick overlay (or REAL brick on ground children? It's important to keep them occupied floors). Flat, box designs are definitely not and making friends so that they are emotionally accepted. Break up into separate buildings is healthy. good. Offset, alternating decks break up the • Let them build without parking minimums and surface. make sure they're served by a rapid bus line to • Definitely maximize densities in downtown. Go the transit center. higher and more dense, especially if utilizing • No more 5-6 story multi family housing units underground parking. Integration with like Highpoint or Shag live/work, lease/work, ground floor retail, mix e Summary Please see the answers to question of ownership opportunities and TOD. Careful number 13 in question number 26 again of displacement. If utilize green building, a Mixed use/ground retail is important. BUT ensure builders are maximizing Built Green nobody wants to live in a strip mall, so don't points and incentives so costs are maximized. put parking lots between the front door and • My concern for building housing in the the street. downtown core of Federal Way is that e Residential development in the currently, there is so much traffic that it makes downtown/commercial area should have a it dangerous and unpleasant to walk in that commercial component on at least a portion of area. The example buildings that include the ground floor, otherwise it's just multi - gathering spaces for pedestrians, as well as family. have convenient retail spaces, hold the greatest e I'm not a great authority on multi family appeal to me. dwellings. • 7 story max is good • Do something different. Most of these are • The sky bridge in 37 is intrusive. similar in design and are not appealing. MAKERS architecture and urban design Page 29 SnapshotVPSSurveyResults_2021-05-06.docx • Federal Way already has difficulty defining a "downtown". Adding buildings that are strictly residential, with no businesses in the building would only add to that lack of definition, and encourage residents to go elsewhere to shop. The "downtown" area needs to encourage businesses, not residences. • All look to be good options. Like underground parking to eliminate need for a lot of street parking. But needs to be safe and secured. • Try to maintain enough trees as the buildings get taller. It's so depressing walking through all concrete/brick areas with only a couple trees in sight. And again, ensure enough parking for all residents (even if they are older!). • I don't want commercial downtown buildings built! Stop building and use what is already available! • I was going fit ones that had commercial on the bottom but then I started thinking of not being able to fill that with a commercial unit. As FW seems to have problems with. We don't need more vacant stores. • Glorified Ghettos that will turn into crack houses. • No more than 5 stories • I think a sky bridge (or other pedestrian accommodation) should be included with any large downtown housing structure, whenever possible. • Ensure adequate resident and guest parking. • I would rather see more diverse commerce come to town than apartments. Federal Way seems to run off good retail. • Those with monotone colors look drab and depressing. • needs to have parking off street for residents • I don't think we need anymore apartments in downtown FW. • Gotta make sure we have ramps and elevators for our disabled population. Both our wheelchair bound and elderly residents. • Strong preference for maximizing density and building tall. Parking should be minimized, but MAKERS architecture and urban design SnapshotVPSSurveyResults_2021-05-06.docx if present, should be underground when possible. • Some of the images above, though marked as modern, look dated to me, looking much like apartment buildings from the 50s - 70s. I would prefer that when buildings include residential units, they look more like the other homes in our area. I would like as many trees as possible in all areas, including business, multi -family, and single-family. Trees make a place feel more friendly and help with both noise and air pollution problems. • Again, Federal Way has so many apartments already, I hate to see more. • If it's a 'commercial' area, why isn't there something commercial in all of these? That could be office space or something other than retail, but if dowtown is all residential where do people work/shop? • Must have parking required for each unit. • Having a view of the mountain is one of the most treasured things in our city and I'd hope it's one that'll be available for all to see and not those who can afford to live in downtown skyrises. • Absolutely not = unattractive; the only one I marked absolutely is because of the loft option on top. We need more 1 bedroom and loft options in Federal way. We need to give single people just starting out and young people options. Hopefully these will be loft, 1 bedroom, and 2 bedroom condos to give people a chance to participate in the real estate market at an entry level and Begin to build equity and wealth for their Families and future generations. • No comments at this time. • Mix of materials, underground parking, balconies, elevated stoops, landscaped front yard, modulation are all essential to good design and strong appeal. • I generally prefer the modern fagade designs over the others, but each of the designs shown here is attractive. Buildings facing arterial all streets should always have commercial and/or live -works units on the ground floor. All tenant parking in downtown/commercial district housing buildings should be underground. Larger "anchor" stores should be required to have underground or garage parking for shoppers, similar to the one shown in question #32. Designs with ground floor commercial should have street parking available for guests where feasible and/or small, landscaped, pedestrian -friendly parking lots such as the one shown in question #29. • taller, more dense, closer to transit please. prefer not to have big setbacks from the street - make it part of the walkable environment. • Federal Way needs single family dwellings. Apartments have too many children with not enough tax income. Schools are already suffering. • 6, 7, 8 story buildings don't seem to fit Federal Way, I think 5 story should be the tallest, modern design does not fit Federal Way, make sure to have enough trees and other natural elements around buildings • Are these going to be market rate places or low income? • FW has too many apartments already. • The 7, 8 story buildings will dwarf lower ones near it. The rear, underground parking is great. People in suburbs have kids, cars. They need safe parking. Varied fronts always appealing. • Street parking unacceptable • So boring and cookie cutter. But if you're set on it, PLEASE provide off street parking to minimize MORE theft • FW is a suburban city. STOP trying to be Seattle!! The homeless, crime and societal issues belong in the big cities, not family friendly, middle class, highly educated, highly skilled suburban Federal Way! • Some of these are not appealing in looks • Ground floor commercial - retail office should be required in all city center mf complexes, and also in BC zone MAKERS architecture and urban design SnapshotVPSSurveyResults_2021-05-06.docx • We need more density and we need to lower the schools fees to get more market rate housing for young professionals and families • I would say trying to blend in with the existing structures is the most important. I personally would not want to be downtown shopping or eating and know that residents and look down on me and see what I am doing, uncomfortable feeling. • Shops snd living need to be separated • Underground parking a must • As long as it's not more low income. • Each of these buildings is acceptable when chosen depending on the location. It would be important to consider whether or not they are blocking a view or impacting surrounding areas otherwise. I like the use of a sky bridge where foot traffic is heavy. The rooftop public space would be great for viewing mountains and water. Apartments with corner open space okay as long as no camping loitering and drug dealing etc.allowed. It maybe better just to avoid having that space. • We already have too many multi story "residential buildings'. These are apartments. • There would be horrible parking issues. • It all looks like the same stuff everywhere. No real design just cookie cutter stuff that packs people in. It would be a shame if this became our downtown core. • Don't build towering units over our heads, so we have to travel through urban corridors. Whenever possible, units should be setback from street with parking in front and modulation facades and rooflines. • More crime and congestion. Less likely to visit those areas. • Regarding looks, they all look fine to me. My concerns are mostly with this building type in general. • Five story good height, Six story is the limit. • paid cable and water suer and grabage 31 Demographic Data The following charts and tables contain respondent's demographic data. Note that some questions were skipped by a considerable percentage of respondents. Q41 Are you a Federal Way resident? Answered 191 Skipped: 35 Yes No ■ 0% 10% 20% 30% 40% 50% 60°k 70% 90% 90% 100% ANSWER CHOI C ES RESPONSES Yes 91.1D% 174 No 8.90% 17 TOTAL 191 Q42 If you live in Federal Way, do you live in a single family area, a multi- family area, or a commercial area? Answered- 176 Skipped: 50 Single Multi -family ■ area Commercial are 0% 10% M% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES Single family area Mufti -family area Commercial area TOTAL MAKERS architecture and urban design SnapshotVPSSurveyResults_2021-05-06.docx RESPONSES 87.50% L54 10.80% 19 170% 3 176 32 Q43 If you live in Federal Way, do you own your home or do you rent your home? -Dw n Rent I have a different... Answered- 175 Skipped: 51 0°% 10% 20% 30% 40°% 50°% 60% 70% 80% 90% 100% ANSWER G-OMS own Rent I have a different situation (please specify) TOTAL Other answers ("I have a different situation") • 1 live with the homeowner. • homeless / native Alaskan residential theft discrimination *claim • temporarily living with family • Children attend FWPS's but I own a home in Des Moines • Section 8 • own home; rent lot • 1 live on my brother's couch • Homeless RESPONSES 85.710l0 9.71°Ja 4.57% 150 17 a 175 MAKERS architecture and urban design Page 33 SnapshotVPSSurveyResults_2021-05-06.docx Q44 If you live in Federal Way, do you spend more than 30 percent of your income on your mortgage/rent and utilities? Answered- 174 Skipped: 52 Yes No Not appllcablm 0% 10% 20% 30% 40% 50% 60% 70% 90% 90% 100% ANSWER CHOICES RESPONSES Yes Nln Nat applicable TOTAL 45.96% 1D_34% Q45 What is your age? Answere-d:187 Skipped:39 Under2aye ar ral n0_45 Mr9 OLM 4G4+yea 65 yea and r5 01Olin N rs a old 76 00 174 01A 14% 20% 30% 4094 .50% 90% V% 80% 90% *M ANSWER CHOICES RESPONSES Under 20 years old 1-070 2 2445 years old 22.99% 43 4& 4 years old 49-20% 92 65 years nld and older 26.74%6 54 TOTAL W7 MAKERS architecture and urban desian Paae 34 SnapshotVPSSurveyResults_2021-05-06.docx 46 What is your race or ethnicity? Answered: 110 S1 p sc _15 Race or Ethnicity Count Percentage of respondents who answered this question Percentage of total respondents, including those who skipped this question White 73 66.4% 32.3% Black 3 2.7% 1.3% American Indian/Alaska Native 3 2.7% 1.3% Asian 5 4.5% 2.2% Hispanic 1 0.9% 0.4% Hawaiian or Pacific Islander 3 2.7% 1.3% Two or More Races 11 10.0% 4.9% Invalid Answer 11 10.0% 4.9% BIPOC 26 23.6% 11.5% Total Answers 110 Skipped Responses 116 Total Respondents 226 MAKERS architecture and urban design Page 35 SnapshotVPSSurveyResults_2021-05-06.docx Rf ; City of Federal Way Housing Action Plan I Appendices APPENDIX D SOUTH KING COUNTY SUB -REGIONAL HOUSING ACTION PLAN FRAMEWORK SOUTH KING COUNTY SUB -REGIONAL HOUSING ACTION PLAN FRAMEWORK This document provides trends in demographic, employment, housing, and housing affordability along with housing projections for the City of Federal Way. Fedreal Way is a participant of the South King County Sub -regional cities who are coordinating a comprehensive Housing Action Plan Framework for South King County which includes the cities of: • Auburn • Burien • Federal Way • Kent • Renton • Tukwila Given that the participating communities are impacted by many common market trends and demands, cooperation is necessary to address these issues. Providing for the sub -regional coordination of Housing Action Plans through a common Framework will allow all the partners to address housing issues holistically and ensure housing -related burdens are not simply shifted around between cities. The sub -region differs from East King County and Seattle, where housing markets and income levels significantly skew the Area Median Income as it relates to how affordability is defined, and therefore how successful south King County cities are in providing affordable housing for their communities. A sub -regional framework that captures broad factors impacting housing choice, cost burden, and existing conditions of housing stock in South King County will set the stage to evaluate and incorporate appropriate policies, tools and incentives for increasing residential capacity. This document and analyses were produced by: ECONorthwest ECONOMICS • FINANCE • PLANNING 2 City of Federal Way I South King County Sub -Regional Housing Action Plan Framework > Federal Way needs about 6,786 new housing units by 2040 when its population is expected to reach more than 106,500 people. This includes > In 2018, 89% of renters and 84% of homeowners earning less than 30% of AMI were cost burdened, along with 87% of renters and 1,154 units that were underproduced and are 59% of homeowners earning between 30% and needed to meet current demand, plus 5,632 units 50% of AMI (pg. 6). needed to meet future population growth (see page 7). > Federal Way needs to produce about 339 units per year to reach this goal (pg. 7). This is more than 1.5x the 200 average units produced annually over the 2011-2019 timeframe (pg. 4). > In the 2011-2019 timeframe, Federal Way produced 5.7 housing units for every 10 new households that formed in the city (pg. 4). This is the lowest level of production of any city in the South King County subregion. > The majority of these new units were built in the middle of this development cycle - in 2016 and 2017 (pg. 4). > As a result of this imbalance in supply and demand for housing, average 2-bedroom rents increased about 60% since 2010, and home prices increased about 96% (pg. 6). > Federal Way is increasingly seeing an influx of four and five and more family households, potentially due to generational shifts in homeownership of the existing single-family stock. (pg. 5). > Federal Way saw a decline in the number of households earning less than 50% of AMI between 2012 and 2018, while the number of households earning over 50% of AMI grew. Part of this change can be attributed to changing household sizes and part due to an influx of higher -income households (pg. 5). > As a result of Federal Way's changing demographics, the bulk of its new units are needed at the 50%-80% AMI and over 100% AMI affordability range (pg. 7). Some households in this income range may be renting down — taking stock from lower -income households — or renting up and experiencing cost burdening. > Housing costs are quickly outpacing The 2078 HUD Area Median Income (AMI) for King County is $7 03,400 for a 4-person incomes: over the 2012 to 2018 time period, household. Data discussing "% AMI" are renter incomes only grew 30% and homeowner proportioned off of this median and are also for incomes only grew 25% (pg. 5). 4-person households. South King County Sub -Regional Housing Action Plan Framework I City of Federal Way 3 371257 Number of Units Built Per Year, 2011-2019 Number of total housing 672 600 units in 2018 514 Source: OFM, 2019 400 11813 200 126 147 172 Number of housing units 0 . . == 0 110 , built since 2011 2011 2012 2013 2014 2015 2016 2017 2018 2019 Source: OFM, 2019 202 Source: OFM, 2019 New housing units built on average every year since 2011 Scale of Housing Built by Decade, 1960-2020 Source: OFM, 2019 Multifamily 5.7 6,000 New housing units per every 4,000 10 new households > Between 2010-2019 2,000- . ■ Source: OFM, 2019, ECONorthwest 0 calculations Single-family Housing Units Built by Decade, 1960-2020 6,000 Decade % of Units 4,000 Before 1960's 4% 2,000 1960's 16°i° ■ _ 1970's 22% 0 1980's 31 % 1960s 1970s 1980s 1990s 2000s 2010s 2020s 1990's 15% Building scale (units) 2000's 6% _ 2010's 5% 1 2-4 5-19 20-49 50-99 100+ Source: King County Assessor's Office, 2020 Source: King County Assessor's Office, 2020 1A City of Federal Way I South King County Sub -Regional Housing Action Plan Framework Change in population > Between 2070 and 2078 2010 2018 Population 89,306 97,440 Source: OFM, 2019 5% Change in number of households > Between 2012 and 2078 2012 Households 47,812 Source: PUMS (2012, 2018) Klliol Change in median renter household income > Between 2012 and 2078 012 Median $37,378 Income Source: PUMS (2012, 2018) 25% 2018 50,368 2018 $48,629 Change in median owner household income > Between 2072 and 2078 2012 2018 Median $68,694 $85,607 Income Source: PUMS (2012, 2018) Change in Household Type, 2012 & 2018 2,162 2,000 1,000 940 11 71 0 30 1 � 1� -1 000 • ' -1,028 1 2 3 4 5+ Household Size Source: PUMS (2012, 2018) Income Distribution by AMI, 2012 & 2018 26% 27% 26% 23% 22% 21% 21% 20% 19% 10% 7% 9% 0% 11 11 • 0-30% 30-50% 50-80% 80-100% +100% Household Income as % of AMI Year 0 2012 2018 Source: PUMS (2012, 2018) Income Distribution by AMI and Tenure, 2018 Renters 11 Owners ao 0% 25% 50% 75% 100% Household Income (as % of AMI) 0-30% 30-50% 50-80% 80-100% +100% Source: PUMS, 2018 South King County Sub -Regional Housing Action Plan Framework I City of Federal Way Cost Burdened Cost Burdened and Severely Cost Burdened by > A household who pays more Tenure, 2018 than 30% of their income Owner on housing (inclusive of 100% 84% households with severe cost 75% 71% 59% burdening). U) 50% 30% 32ro o ° Severely Cost Burdened o 25% . 1 ,% 9% 0% 3% 0%> A household who pays more C 0% than 50% of their income on 0100 75i°°�° 89°r° ° 87% Renter housing. o ° s2 ro 0 311195 50% 44% 25°i° 22% 0% 1% � 0% 0% 0% Number of income restricted 111 0-30% 30-50% 50-80% 80-100% +100% units > Total units as of 2020 ■ Cost burdened Severe cost burdened Source: ECONorthwest analysis of public affordable housing data Source: PUMS, 2018 6 0 0 � Housing Units Affordable by AMI and Tenure, 2018 Change in average rent for 2-bedroom apartment Owner > Between 207 0 and 2020 10,000 8,449 2010 2020 936 Average 5,000 5,336 4,3,948 Rent $857 $1,343 ❑ ■ 3M Source: Costar 0 19 6 0/ Renter 0 11,294 Change in median home 10,000 6,905 sales price 5,0003 3,001 2- > Between 207 0 and 2020 396 0 2010 2020 0-30% 30-50% 50-80% 80-100% +100% Median Sales Price $211,600 $414,700 Household Income as % of AMI Source: Zillow Source: PUMS, 2018 City of Federal Way i South King County Sub -Regional Housing Action Plan Framework 106571 Housing Units Needed Through 2040 Underproduction Future Need Housing Need Projected population by 2040 1,154 5,632 6,786 Source: PSRC, 2017 Source: OFM, 2019; PSRC, 2017; ECONorthwest Calculation Housing Units Needed as a Share of Existing Stock 451 Existing Units Housing Need % of Existing Units Average annual population 37,257 6,786 18% growth projected through 2040 Source: OFM, 2019; PSRC, 2017; ECONorthwest Calculation Source: PSRC, 2017, ECONorthwest calculations Housing Units Needed by AMI, 2040 6786 AMI # of Units % of Units 1 0-30% 950 14% Projected number of units needed by 2040 30-50% 1,289 19% Source: OFM, 2019, PSRC, 2017; 50-80% 1,629 24% ECONorthwest Calculation 80-100% 814 12% 3319 100%+ 2,104 31 % Average number of new units needed per year Source: OFM, 2019; PSRC, 2017; ECONorthwest Calculation through 2040 HUD Affordability Level by Housing Type, 2018 Source: OFM, 2019, PSRC, 2017; ECONorthwest Calculation AMI Studio 1-bed 2-bed 30% $542 $582 $698 68O/O 50% $904 $970 $1,164 Increase in annual housing 80°i° $1,448 $1,552 $1,862 production to reach 2040 housing need target 100% $1,810 $1,938 $2,326 Source: OFM, 2019, PSRC, 2017; ECONorthwest Calculation Source: HUD, 2018 Underproduction > Housing units needed to satisfy existing households today. Future Need ) PSRC 2040 population forecast translated into housing units. South King County Sub -Regional Housing Action Plan Framework I City of Federal Way 7 Federal Way Employment Numbers Regional Access to Employment Industry (2-digit NAICS Code) Employees # Change % Change Median Salary % Jobs by % Jobs by (2018) (2008-2018) (2008-2018) (2018) Auto Transit Agriculture, Forestry, Fishing and 19 14 280°i° $36,563 24%0°i° Hunting Mining, Quarrying, and Oil and Gas 22 17 340% NA 47 /° 6 /° ° Extraction Utilities 0 -8 -100% $93,542 24% 1 % Construction 1,085 138 15% $50,362 44% 1% Manufacturing 308 -416 -57% $62,420 45% 1 % Wholesale Trade 1,093 302 38% $47,864 51 % 2% Retail Trade 4,914 -394 -7% $40,378 39% 3% Transportation and Warehousing 569 106 23% $50,920 66% 4% Information 105 -256 -71 % $57,418 6% 0% Finance and Insurance 1,424 193 16% $63,308 24% 2% Real Estate and Rental and 1,024 318 45% $41 34/° ° 3/° Leasing ,974 Professional, Scientific, and 1,447 98 7% $74,257 ° 16/° ° /° 1 Technical Services Management of Companies and 99 -2,861 -97% $46,319 26 /° ° 1/° Enterprises Administrative and Support and Waste Management and 913 -326 -26% $38,838 38% 3% Remediation services Educational Services 2,614 281 12% $51,543 34% 2% Health Care and Social Assistance 7,927 2,615 49% $45,870 36% 2% Arts, Entertainment, and 472 -272 -37% $50,625 33/° ° 3/° Recreation Accommodation and Food 3,680 -84 -2% $31,935 36/° 4/° ° Services Other Service 952 -558 -37% $44,544 34% 2% Public Administration 1,772 33 2% $59,243 38% 3% Source: PSRC, ECONorthwest 8 City of Federal Way I South King County Sub -Regional Housing Action Plan Framework 1-1 Federal Way Drive time Transit time Access to Employment* These city -level employment estimates by 2-digit NAICS codes were derived using a combination of the U.S. Census Bureau's Longitudinal Employer -Household Dynamics (LEND) Origin -Destination Employment Statistics (LODES) data, and Puget Sound Regional Council's Covered Employment Estimates. These employment estimates show the total number of residents working in each 2-digit NAICS sector in that city, the change in employment in that sector in that city since 2008, and the 2018 median wages for the residents in that city in that sector. * Transit and drive time of 45 minutes, departing at 8:00 AM, midweek Source: PSRC, ECONorthwest Transit and auto access to regional employment was derived using 45-minute travel sheds for each mode. We calculated the number of jobs available within these travel sheds in each 2-digit NAICS category for the four -county region (King, Pierce, Snohomish, and Kitsap). South King County Sub -Regional Housing Action Plan Framework I City of Federal Way 9 em n � City of Federal Way Housing Action Plan I Appendices APPENDIX E: FEDERAL WAY FACT PACKET SOUTH KING COUNTY SUB -REGIONAL HOUSING ACTION PLAN FRAMEWORK This document provides trends in demographic, employment, housing, and housing affordability along with housing projections for the City of Federal Way. Fedreal Way is a participant of the South King County Sub -regional cities who are coordinating a comprehensive Housing Action Plan Framework for South King County which includes the cities of: • Auburn • Burien • Federal Way • Kent • Renton • Tukwila Given that the participating communities are impacted by many common market trends and demands, cooperation is necessary to address these issues. Providing for the sub -regional coordination of Housing Action Plans through a common Framework will allow all the partners to address housing issues holistically and ensure housing -related burdens are not simply shifted around between cities. The sub -region differs from East King County and Seattle, where housing markets and income levels significantly skew the Area Median Income as it relates to how affordability is defined, and therefore how successful south King County cities are in providing affordable housing for their communities. A sub -regional framework that captures broad factors impacting housing choice, cost burden, and existing conditions of housing stock in South King County will set the stage to evaluate and incorporate appropriate policies, tools and incentives for increasing residential capacity. This document and analyses were produced by: ECONorthwest ECONOMICS • FINANCE • PLANNING 2 City of Federal Way I South King County Sub -Regional Housing Action Plan Framework > Federal Way needs about 6,786 new housing units by 2040 when its population is expected to reach more than 106,500 people. This includes > In 2018, 89% of renters and 84% of homeowners earning less than 30% of AMI were cost burdened, along with 87% of renters and 1,154 units that were underproduced and are 59% of homeowners earning between 30% and needed to meet current demand, plus 5,632 units 50% of AMI (pg. 6). needed to meet future population growth (see page 7). > Federal Way needs to produce about 339 units per year to reach this goal (pg. 7). This is more than 1.5x the 200 average units produced annually over the 2011-2019 timeframe (pg. 4). > In the 2011-2019 timeframe, Federal Way produced 5.7 housing units for every 10 new households that formed in the city (pg. 4). This is the lowest level of production of any city in the South King County subregion. > The majority of these new units were built in the middle of this development cycle - in 2016 and 2017 (pg. 4). > As a result of this imbalance in supply and demand for housing, average 2-bedroom rents increased about 60% since 2010, and home prices increased about 96% (pg. 6). > Federal Way is increasingly seeing an influx of four and five and more family households, potentially due to generational shifts in homeownership of the existing single-family stock. (pg. 5). > Federal Way saw a decline in the number of households earning less than 50% of AMI between 2012 and 2018, while the number of households earning over 50% of AMI grew. Part of this change can be attributed to changing household sizes and part due to an influx of higher -income households (pg. 5). > As a result of Federal Way's changing demographics, the bulk of its new units are needed at the 50%-80% AMI and over 100% AMI affordability range (pg. 7). Some households in this income range may be renting down — taking stock from lower -income households — or renting up and experiencing cost burdening. > Housing costs are quickly outpacing The 2078 HUD Area Median Income (AMI) for King County is $7 03,400 for a 4-person incomes: over the 2012 to 2018 time period, household. Data discussing "% AMI" are renter incomes only grew 30% and homeowner proportioned off of this median and are also for incomes only grew 25% (pg. 5). 4-person households. South King County Sub -Regional Housing Action Plan Framework I City of Federal Way 3 371257 Number of Units Built Per Year, 2011-2019 Number of total housing 672 600 units in 2018 514 Source: OFM, 2019 400 11813 200 126 147 172 Number of housing units 0 . . == 0 110 , built since 2011 2011 2012 2013 2014 2015 2016 2017 2018 2019 Source: OFM, 2019 202 Source: OFM, 2019 New housing units built on average every year since 2011 Scale of Housing Built by Decade, 1960-2020 Source: OFM, 2019 Multifamily 5.7 6,000 New housing units per every 4,000 10 new households > Between 2010-2019 2,000- . ■ Source: OFM, 2019, ECONorthwest 0 calculations Single-family Housing Units Built by Decade, 1960-2020 6,000 Decade % of Units 4,000 Before 1960's 4% 2,000 1960's 16°i° ■ _ 1970's 22% 0 1980's 31 % 1960s 1970s 1980s 1990s 2000s 2010s 2020s 1990's 15% Building scale (units) 2000's 6% _ 2010's 5% 1 2-4 5-19 20-49 50-99 100+ Source: King County Assessor's Office, 2020 Source: King County Assessor's Office, 2020 1A City of Federal Way I South King County Sub -Regional Housing Action Plan Framework Change in population > Between 2070 and 2078 2010 2018 Population 89,306 97,440 Source: OFM, 2019 5% Change in number of households > Between 2012 and 2078 2012 Households 47,812 Source: PUMS (2012, 2018) Klliol Change in median renter household income > Between 2012 and 2078 012 Median $37,378 Income Source: PUMS (2012, 2018) 25% 2018 50,368 2018 $48,629 Change in median owner household income > Between 2072 and 2078 2012 2018 Median $68,694 $85,607 Income Source: PUMS (2012, 2018) Change in Household Type, 2012 & 2018 2,162 2,000 1,000 940 11 71 0 30 1 � 1� -1 000 • ' -1,028 1 2 3 4 5+ Household Size Source: PUMS (2012, 2018) Income Distribution by AMI, 2012 & 2018 26% 27% 26% 23% 22% 21% 21% 20% 19% 10% 7% 9% 0% 11 11 • 0-30% 30-50% 50-80% 80-100% +100% Household Income as % of AMI Year 0 2012 2018 Source: PUMS (2012, 2018) Income Distribution by AMI and Tenure, 2018 Renters 11 Owners ao 0% 25% 50% 75% 100% Household Income (as % of AMI) 0-30% 30-50% 50-80% 80-100% +100% Source: PUMS, 2018 South King County Sub -Regional Housing Action Plan Framework I City of Federal Way Cost Burdened Cost Burdened and Severely Cost Burdened by > A household who pays more Tenure, 2018 than 30% of their income Owner on housing (inclusive of 100% 84% households with severe cost 75% 71% 59% burdening). U) 50% 30% 32ro o ° Severely Cost Burdened o 25% . 1 ,% 9% 0% 3% 0%> A household who pays more C 0% than 50% of their income on 0100 75i°°�° 89°r° ° 87% Renter housing. o ° s2 ro 0 311195 50% 44% 25°i° 22% 0% 1% � 0% 0% 0% Number of income restricted 111 0-30% 30-50% 50-80% 80-100% +100% units > Total units as of 2020 ■ Cost burdened Severe cost burdened Source: ECONorthwest analysis of public affordable housing data Source: PUMS, 2018 6 0 0 � Housing Units Affordable by AMI and Tenure, 2018 Change in average rent for 2-bedroom apartment Owner > Between 207 0 and 2020 10,000 8,449 2010 2020 936 Average 5,000 5,336 4,3,948 Rent $857 $1,343 ❑ ■ 3M Source: Costar 0 19 6 0/ Renter 0 11,294 Change in median home 10,000 6,905 sales price 5,0003 3,001 2- > Between 207 0 and 2020 396 0 2010 2020 0-30% 30-50% 50-80% 80-100% +100% Median Sales Price $211,600 $414,700 Household Income as % of AMI Source: Zillow Source: PUMS, 2018 City of Federal Way i South King County Sub -Regional Housing Action Plan Framework 106571 Housing Units Needed Through 2040 Underproduction Future Need Housing Need Projected population by 2040 1,154 5,632 6,786 Source: PSRC, 2017 Source: OFM, 2019; PSRC, 2017; ECONorthwest Calculation Housing Units Needed as a Share of Existing Stock 451 Existing Units Housing Need % of Existing Units Average annual population 37,257 6,786 18% growth projected through 2040 Source: OFM, 2019; PSRC, 2017; ECONorthwest Calculation Source: PSRC, 2017, ECONorthwest calculations Housing Units Needed by AMI, 2040 6786 AMI # of Units % of Units 1 0-30% 950 14% Projected number of units needed by 2040 30-50% 1,289 19% Source: OFM, 2019, PSRC, 2017; 50-80% 1,629 24% ECONorthwest Calculation 80-100% 814 12% 3319 100%+ 2,104 31 % Average number of new units needed per year Source: OFM, 2019; PSRC, 2017; ECONorthwest Calculation through 2040 HUD Affordability Level by Housing Type, 2018 Source: OFM, 2019, PSRC, 2017; ECONorthwest Calculation AMI Studio 1-bed 2-bed 30% $542 $582 $698 68O/O 50% $904 $970 $1,164 Increase in annual housing 80°i° $1,448 $1,552 $1,862 production to reach 2040 housing need target 100% $1,810 $1,938 $2,326 Source: OFM, 2019, PSRC, 2017; ECONorthwest Calculation Source: HUD, 2018 Underproduction > Housing units needed to satisfy existing households today. Future Need ) PSRC 2040 population forecast translated into housing units. South King County Sub -Regional Housing Action Plan Framework I City of Federal Way 7 Federal Way Employment Numbers Regional Access to Employment Industry (2-digit NAICS Code) Employees # Change % Change Median Salary % Jobs by % Jobs by (2018) (2008-2018) (2008-2018) (2018) Auto Transit Agriculture, Forestry, Fishing and 19 14 280°i° $36,563 24%0°i° Hunting Mining, Quarrying, and Oil and Gas 22 17 340% NA 47 /° 6 /° ° Extraction Utilities 0 -8 -100% $93,542 24% 1 % Construction 1,085 138 15% $50,362 44% 1% Manufacturing 308 -416 -57% $62,420 45% 1 % Wholesale Trade 1,093 302 38% $47,864 51 % 2% Retail Trade 4,914 -394 -7% $40,378 39% 3% Transportation and Warehousing 569 106 23% $50,920 66% 4% Information 105 -256 -71 % $57,418 6% 0% Finance and Insurance 1,424 193 16% $63,308 24% 2% Real Estate and Rental and 1,024 318 45% $41 34/° ° 3/° Leasing ,974 Professional, Scientific, and 1,447 98 7% $74,257 ° 16/° ° /° 1 Technical Services Management of Companies and 99 -2,861 -97% $46,319 26 /° ° 1/° Enterprises Administrative and Support and Waste Management and 913 -326 -26% $38,838 38% 3% Remediation services Educational Services 2,614 281 12% $51,543 34% 2% Health Care and Social Assistance 7,927 2,615 49% $45,870 36% 2% Arts, Entertainment, and 472 -272 -37% $50,625 33/° ° 3/° Recreation Accommodation and Food 3,680 -84 -2% $31,935 36/° 4/° ° Services Other Service 952 -558 -37% $44,544 34% 2% Public Administration 1,772 33 2% $59,243 38% 3% Source: PSRC, ECONorthwest 8 City of Federal Way I South King County Sub -Regional Housing Action Plan Framework 1-1 Federal Way Drive time Transit time Access to Employment* These city -level employment estimates by 2-digit NAICS codes were derived using a combination of the U.S. Census Bureau's Longitudinal Employer -Household Dynamics (LEND) Origin -Destination Employment Statistics (LODES) data, and Puget Sound Regional Council's Covered Employment Estimates. These employment estimates show the total number of residents working in each 2-digit NAICS sector in that city, the change in employment in that sector in that city since 2008, and the 2018 median wages for the residents in that city in that sector. * Transit and drive time of 45 minutes, departing at 8:00 AM, midweek Source: PSRC, ECONorthwest Transit and auto access to regional employment was derived using 45-minute travel sheds for each mode. We calculated the number of jobs available within these travel sheds in each 2-digit NAICS category for the four -county region (King, Pierce, Snohomish, and Kitsap). South King County Sub -Regional Housing Action Plan Framework I City of Federal Way 9 City of Federal Way Housing Action Plan I Appendices APPENDIX F: SOUTH KING COUNTY REGIONAL HAP - HOUSING STRATEGIES FRAMEWORK ECONorthwest ECONOMICS • FINANCE • PLANNING DATE: July 19, 2020 TO: South King County Regional HAP Team Members FROM: ECONorthwest SUBJECT: SOUTH KING COUNTY REGIONAL HOUSING ACTION PLAN - TASK 3.2 HOUSING STRATEGIES FRAMEWORK Background and Purpose Six cities in South King County, Washington —Auburn, Burien, Federal Way, Kent, Renton, and Tukwila— submitted applications for funding through HB 1923 with portions of each funding identified for a collaborative effort to develop a Subregional Housing Action Framework. This plan will include a housing context assessment, public engagement, an evaluation of existing housing policies, and recommendations for future housing strategies to incentivize development in the South King County Region and participating cities. Figure 1. South King County Subregion Source: ECONorthwest Building off the data from the housing context assessment, input from public engagement, and the evaluation of past housing policies, this memorandum provides a strategic framework for the six cities to consider as they work on incentivizing additional housing production to meet their housing unit growth targets through 2040. Action Sheets The four major strategies considered are evaluated via "action sheets" that describe the strategy, its goals relating to housing production and affordability, the market conditions needed to implement the strategy and when, the scalability (whether the strategy works at the market, neighborhood, or property level), and its impact on affordability (whether they have a large, medium, or small impact on overall housing affordability). In addition, these action sheets include various strategy elements that can be ECONorthwest I Portland I Seattle I Los Angeles I Eugene I Boise I econw.com 1 implemented by each city as appropriate. Not all the strategy elements would be needed to achieve the desired affordability goal, but they each work toward the overall theme of the strategy and can be implemented depending on political will, funding, staffing, and numerous other considerations. These strategies and the goals they achieve are summarized in Figure 2 below. The goals identified in Figure 2 are consistent with Housing Action Plan (RCW 36.70A.600) requirements and draft guidance recommendations for housing strategy development and strategies to minimize displacement. Figure 2. South King County Housing Strategies, Goals, and Potential Impact Goal Achieved Potential Impact Create Increase Strategy Preserve Affordable & Housing Scalability Impact on Affordability Workforce Options & Affordability Housing Supply Preservation & Anti- Market level Low impact Displacement Affordable Housing Property level High impact and Production Middle Housing Market or Neighborhood Moderate level impact TOD & Urban Centers Market or Neighborhood Moderate level impact Additionally, a market conditions and timing matrix on page 13 lists the strategies, their various elements, and includes considerations on the urgency and applicability for the South King County region and for each city. This table considers findings from each city's market conditions and demographic makeup, to determine whether staff should consider the strategy element now (indicated in green), in the medium -term (2-3 years or as market conditions change, indicated in yellow), or whether it would be a lower priority for implementation (indicated in red). ECONorthwest 1 Preservation & Anti -Displacement Strategies Primary Goal Preserve affordability in existing units Scalability Preservation and anti - displacement efforts work at the neighborhood or market level. Impact These strategies have a moderate impact on affordability. Housing Barriers Overcome Preserves aging or expiring restricted units, preserves unregulated affordable properties, minimizes displacement. Market These strategies are applicable in Conditions "hot" housing markets facing high and Timing price and rent growth, gentrification and displacement pressures, and redevelopment. Description _ Housing preservation and anti -displacement strategies can expand housing affordability and availability in various ways. Many of the housing markets in South King County have aging housing stock that could be at risk of investment purchases (where they are bought, renovated, and rented at higher prices). Even regulated affordable housing properties can be at risk if their affordability periods are nearing expiration and the funders are unable to recapitalize (which is often dependent on limited public funding). A review of the South King County Regulated Affordable Housing Inventory compiled for this project indicates that there are 1,339 income restricted units in 10 buildings that will have expiring affordable housing agreements by 2030 and 2,507 income restricted units in 18 buildings that will have expiring affordable housing agreements by 2040. These expiring tax credit funded affordable housing agreements represent 28% of the total 13,562 income restricted that exist in South King County today. The following strategy elements could help preserve both regulated and unregulated affordable units and prevent the displacement of low-income communities while new development occurs. Strategy Elements 1A) Regional Revolving Loan Fund. Cities should consider joining forces to create a regional affordable housing revolving loan fund for preservation opportunities. An affordable housing revolving loan fund is a pool of money that offers low -interest loans to eligible recipients for the development or preservation of affordable housing. Revolving loan funds can aid the feasibility of (re)development by offering below- market interest rates and generous loan terms compared to market loans, and can be used to fill funding gaps in a development deal (a major hurdle for creating new affordable housing). A fund is seeded by numerous investors: public funders, philanthropic funders, banks, financial institutions, or other investors. An entity like the South King Housing and Homeless Partner (SKHHP) network would be a strong lead for this type of regional effort. This could be modeled off the City of Seattle's REDI Fund. 113) Monitor Expiring Regulated Properties. Cities could establish programs and mechanisms to monitor regulated affordable housing properties that are nearing their affordability expiration dates, and work with the property owners to recapitalize and rehabilitate the property with new funding. Create a database and mapping system to monitor and plan for upcoming expirations. 1C) Monitor Unregulated Affordable Properties. Cities could establish a process to monitor unregulated affordable rental properties and mobile home parks that might be at risk of selling to private investors and seeing rents/leases increase. Establish criteria to flag properties at risk, such as: low -rents, deferred maintenance, small (under 20 units), non -institutional owners (e.g., - "mom and pop" owners), located in amenity rich areas, near recent redevelopments, or on high cost land. ■ This strategy would be more valuable if paired with a revolving loan fund that could offer grants or low -interest loans to purchase properties and maintain affordability and habitability for a defined duration. ■ This strategy could also be paired with a requirement of notice of intent to sell for properties that are identified in an unregulated affordable housing inventory. ECONorthwest 3 1D) Empowering Community and Partnering with Community Organizations. Cities could evaluate their communities and neighborhoods to identify who may be especially vulnerable to displacement as housing markets continue to see increasing affordability pressures. This work should prioritize building capacity for historically marginalized communities like communities of color, immigrants, or non- English speaking communities. This work should focus on equity and social justice outcomes and empower the community by providing leadership training in advocacy for equitable development, enhancing culturally and linguistically specific services, and gaining more direct, community informed guidance on future development 1E) Tenant Protections. Cities could establish, update, or strengthen tenant protections and resources, such as policies relating to just -cause evictions, low -barrier application screening, and fair -housing or anti -discrimination policies. Tenant education and tenants' rights programs like RentWell or RentSmart can help tenants with difficult rental histories set themselves up for success. Tenant protections such as those listed here are most effective at mitigating displacement risk for households that are most at risk in the housing market. 1F) Manufactured Home Preservation. Manufactured home parks can face incredible displacement and redevelopment pressure if they are sited on valuable land with close proximity to strong housing markets, regional employment centers, and concentrations of amenities. Cities could establish procedures or guidelines to help the residents at these properties to establish a co-operative ownership structure or support non-profit housing providers to acquire and manage manufactured home pars. These guidelines should also provide clear criteria around housing quality and environmental health and life safety standards for housing in manufactured home parks to identify when it is appropriate for public or non-profit acquisition to support longterm healthy housing for households. Preservation can be a highly effective model for preventing mobile home parks from being purchased and redeveloped. ■ Additionally, there are zoning strategies that cities could implement to preserve mobile home parks and their critical affordable housing stock. A 2018 city ordinance in Portland Oregon created a new Manufactured Dwelling Park zone to regulate land use at 56 parks in the city. This preservation strategy requires a review process and City Council vote if a developer proposes closing a park for redevelopment. 1G) Rental Licensing and Inspection Programs. Cities could consider establishing strong rental licensing and inspection programs to track, monitor, and inspect a portion of all rental housing in their jurisdiction. This preservation strategy helps eradicate slumlords, creates a database of all multifamily housing, and prevents landlord retaliation from habitability complaints. If the license fee is set appropriately, this type of funding can be revenue positive (or at least revenue neutral) to pay for the costs of inspections and overhead. Currently, Auburn, Burien, Kent, and Tukwila all have these programs in place. Renton's program does not require an inspection, except when a violation has occurred. Without being a random inspection, a landlord could retaliate against a tenant when an inspection occurs. Federal Way is currently considering a program, and should look to the successes and failures of its neighboring cities to design the program and set the fee. ECONorthwest 4 2 Affordable Housing and Production Strategies Primary Goal Create More Affordable & Workforce Housing; Preserve Affordability Scalability Affordable housing production works on a property -by -property Impact basis, but have a high impact on affordability. F_ Description Housing Barriers Overcome Lack of funding for affordable housing developments, reduces cost of development for affordable housing. Market With scarce resources, affordable Conditions housing resources can go further and Timing in markets with lower land prices. In areas with high land prices and high housing costs, affordable housing can be more expensive to produce but create lasting mixed -income communities Various options exist to boost affordable housing production. These range from funding tools to land use and zoning tools, and can be directed toward market rate developers or nonprofit developers. The Washington State legislature is very focused on housing affordability and may add more options in the near term. According to the Municipal Research and Services Center (MRSC), the following local taxing measures for affordable housing could be considered. The following strategy elements could be considered to boost affordable housing production and preserve affordable housing as new development occurs. Strategy Elements 2A) Regional Revolving Loan Fund. Similar to the revolving loan fund mentioned in the preservation strategies, a revolving loan fund could be used to fill development gaps for regulated affordable housing. The South King County Housing and Homelessness Partnership (SKHHP) has identified the creation of affordable housing fund in the organization's work plan. SKHHP is well positioned to administer a South King County affordable housing loan fund. 213) Other Funding Mechanisms include: ■ A property tax levy (RCW 84.52.105) which allows cities to place an additional tax up to $0.50 per thousand dollars assessed for up to ten years. Funds must go toward financing affordable housing for households earning below 50% MFI. ■ A sales tax levy (RCW 82.14.530) which allows jurisdictions to place a sales tax up to 0.1%. At least 60% of funds must go toward constructing affordable housing, mental/behavioral health - related facilities, or funding the operations and maintenance costs of affordable housing and facilities where housing -related programs are provided. At least 40% of funds must go toward mental / behavioral health treatment programs and services or housing -related services. ■ A real estate excise tax (REET) (RCW 82.46.035) which allows a portion of city REET funds to be used for affordable housing projects and the planning, acquisition, rehabilitation, repair, replacement, construction, or improvement of facilities for people experiencing homelessness. These projects must be listed in city's the capital facilities plan. 2C) MFTE Expansion. Federal Way is the only city not currently offering an MFTE bonus so it should consider the program when market conditions are right. This financial incentive program can be implemented in certain areas where the city wants to see new development, such as along major arterials, in station areas, or urban centers. This program can encourage higher -density development than the market would otherwise deliver. The cities already utilizing MFTE should ensure that they are calibrated with their market conditions - ensuring that that exemptions are valuable enough for a developer to want to use them, but not too valuable to erode public benefit. Cities should also consider expanding MFTE zones to encourage density in larger areas. Or when market conditions are strong enough, cities should consider utilizing ECONorthwest the affordable housing component of the MFTE program to capture public benefit (affordable housing) in private development. 2D) Fee Waivers. Many cities currently have, or have had in the past, fee waivers to support the development of affordable housing. Cities should evaluate the structure of their fee waivers to as an additional tool that can be layered with MFTE, density bonuses, and other financial resources to help support affordable housing. 2D) Additional Land Use Tools. These land use tools were evaluated and identified for further implementation consideration in the Housing Policy Analysis in Task 3.1. Reduced Parking Requirements. Parking can be an expensive part of project development (when structured) or can consume large amounts of land, reducing the amount of development that can fit on a site. To the extent that code requires more parking than a developer would otherwise want to provide, the cost of meeting these requirements creates financial burden. Cities should adjust parking requirements for targeted housing types and for affordable housing projects. Excessive parking requirements can have deep impacts to project feasibility for both middle housing and larger scale multi -family development. Parking requirements vary widely by city and across different zoning designations in South King County. Cities should evaluate minimum parking requirements for middle housing and multi -family development and consider parking ratios of less than two spaces per unit to support additional housing development. Cities could also explore options to allow parking requirements to be met through on -street parking or in shared parking facilities in TOD areas and Urban Centers. Create and Calibrate Density Bonuses. The Task 3.1 Housing Policy Memo has identified underutilized density bonus programs in several cities (such as Federal Way and Tukwila). Federal Way and Tukwila should ensure that these programs are calibrated with their market conditions - ensuring that the bonuses are valuable enough for a developer to want to use them, but not too valuable to erode public benefit. While this is dependent on market conditions, which fluctuate, the cities should have ongoing discussions with developers to understand the barriers to the types of development these programs aim to encourage, and then align the bonus to help overcome those barriers. Renton's program has been the most utilized of all South King County cities. Auburn, Burien, and Kent do not have density bonuses outside of the MFTE program but should consider density and height bonuses along with the full range of tools evaluated to support housing production. ECONorthwest 3 Middle Housing Strategies Primary Goal Housing Barriers Overcome Create More Affordable & Workforce Housing; Overcome zoning barriers (illegality) of diverse and Increase Housing Supply dense housing types, increase development feasibility via reduced costs Scalability These strategies can be scaled Market These are strategies that should and implemented at the Conditions be considered in all markets neighborhood level. and Timing throughout the subregion. Cities with a high share of demand for These strategies have a 80-100%+ MFI households Impact moderate impact on should prioritize these strategies housing affordability. to meet demand for market rate ownership opportunities. Description Encouraging certain types of moderately -dense housing, such as cottage clusters, internal division of larger homes, duplexes, and accessory dwelling units, can help to increase housing supply and choice in appropriate neighborhoods. In theory, these units can be more affordable than other units because they are smaller. This would not guarantee affordability, but would expand opportunities for unregulated housing types that may be lower cost than single family detached housing and help create supply over the twenty year planning period to help with affordability over the long-term. Strategy Elements Step 3A) Enable middle housing. Planning for this type of housing often starts with a review of zoning codes and development standards, and adjusting them to legalize this type of housing where appropriate. In many cities, these types of moderately -dense housing are illegal in urban areas zoned for single-family dwellings. ■ It is important to carefully identify the zones that would be changed, the types of unitsallowed, and the size, scale, and development standards of those units. ■ A capacity analysis might be needed, and would include likely development costs, the number of units that could be expected to be developed, the likely potential rents, and the locations where rents make development feasible. ■ A public engagement plan to reduce fears about neighborhood change, up zoning, and density would be helpful to reduce political or neighborhood opposition. This should include conversations on how added density can be designed to blend into communities. ■ HB1923 sets out example zoning changes, parameters, goals, and also protection from legal appeals for communities that change zoning designation in favor of higher densityhousing. Step 3B) Remove Other Barriers. Beyond legalizing this type of housing, jurisdictions may also need to remove barriers that effectively prevent them from being developed (even if legal) in high -opportunity areas. These changes could include any the following concepts, implemented in combination or separately. This is not an exhaustive list, but is meant as a starting point for incremental changes: ■ Lower impact fee and utility hookup charges for internal conversions if no net -new square footage is added to a property. ■ Allowing property owners to finance impact fees and utility hookup charges, thereby spreading the upfront costs over time. ■ Reduce or waive off-street parking requirements for middle housing, particularly forinternal conversions if no net -new square footage is added to a property. ■ Having pre -approved designs for ADUs or middle housing types that homeowners can choosefrom reduces the complexity, time, and cost for development. Consider by -right development standards for ADUs in areas that are already medium density, walkable, and desirable communities. ■ Evaluate land division code requirements to facilitate fee simple development to better meet home ownership demand. ■ Review of code for compatibility with prefabricated homes, design standards, or other innovative home production techniques. ECONorthwest Step 3C) Incentivize. Beyond removing barriers, jurisdictions can actively encourage this type of housing development via zoning and financial incentives. These may include: ■ Density bonuses for new construction of a middle property type. ■ Streamlined or prioritized permit and design review for middle housing development in high - opportunity areas. ■ Parking requirements have a large impact on middle housing development on smaller infill lots. Parking standards for single family development applied to middle housing can create both physical development and feasibility challenges to producing middle housing. ECONorthwest 8 4 Transit -Oriented Development & Urban Centers Strategies Primary Goal Develop additional housing in urban centers and transit -served areas Scalability These strategies can be implemented at the neighborhood level. Impact They have a moderate impact on affordability. Housing Barriers Overcome Improves development feasibility in high opportunity areas. Creates location efficient housing options. Market TOD and Urban Centers Conditions Strategies need strong market and Timing conditions where rents are high enough to support new, dense, mixed -use market rate development. Description Cities in South King County have a unique opportunity to leverage large scale investments through the Tacoma Dome Link Extension and 1-405 BRT to advance housing production, increase affordability, and support community goals. Targeting housing growth in urban centers and transit -oriented development (TOD) areas allows jurisdictions, planners, developers, and the public to understand where growth will occur, and places needed housing close to transit and amenities. Understanding that much of the South King County region is already built out - there is little undeveloped land and a lot of single family zoned land. Thus, the production of new housing needed to meet population and housing growth targets will need to occur in higher densities. The following strategy elements can be helpful for cities to consider as they look to place needed housing in their communities, with strong access to opportunity, transit, and amenities. Strategy Elements _ Building higher density housing near transit allows for transit agencies to increase ridership, reduces cars on the roads, improves congestion and greenhouse gas emissions, and can create amenity -rich areas with mixed commercial, residential, and retail development. Building higher density housing in urban centers can create vibrant neighborhoods with a mix of housing, retail, and commercial development along with plazas and public spaces. 4A) Encourage Higher Density Housing. Cities can encourage higher -density TOD by offering allowances that help improve development feasibility thereby increasing the number of units that can be built near station areas. Many cities have opportunities to identify barriers to development feasibility that exist in development standards and design standards in TOD areas and Urban Centers. ■ Increase Allowances. Increase height and floor area ratio (FAR) allowances in existing TOD areas and urban center zones can help developers get the number of units (and rent revenues) needed fora TOD project to be feasible. Consider expanding development allowances for medium density development beyond traditional 1/4 mile station area planning boundaries. ■ Reduced Parking Requirements. For similar reasons as discussed in the affordable housing strategy, reduced parking requirements in TOD areas reduces costs and encourages residents to use transit instead of automobiles, thereby increasing ridership and generating revenue for transit agencies. Lower parking requirements in TOD areas can meaningfully improve projectfeasibility. ■ Review Development And Design Standards. There are a number of well -intended development and design standards that negatively impact development feasibility in cities that have market constraints where the revenues of new development cannot clear the hurdle of development costs. Examples of development and design standards that could be reviewed to support more near term development include building step -back requirements, open space and recreation area requirements, ground floor commercial requirements, and use of rooftop area to meet some requirements. ECONorthwest 9 3) Expand TOD Areas. By expanding TOD overlays further from existing transit stations cities could ;pand the higher density zoning and development allowances to generate more housing. Transit ipportive zoning can sometimes be limited to narrow bands of parcels along commercial corridors ijacent to stations areas. Expanding transit supportive land uses more broadly through mixed -use and edium-density zoning can help support TOD outcomes. C) Evaluate TOD Market Readiness. Analyze the local real estate market and feasibility criteria for various evelopment relative to development standards in and around station areas. This will help set realistic xpectations of level of change for development in station areas over time and as real estate markets h ift. I•D) Evaluate Capital Improvement Plans. Evaluate capital improvement plans to prioritize near term nfrastructure projects that support transit stations areas and transit -oriented development. Prioritize Location -Efficient Affordable Housing. Prioritize affordable housing resources in TOD areas and 3n Centers to create more location -efficient and reduce household transportation costs through better ass to regional transit. ) Explore Public -Private Partnerships. Cities can play an important role in coordinating development with th non-profit and market rate developers. Public -private partnerships are most effective when cities n contribute resources, land, or process improvements to facilitate TOD when broader market barriers n exist. Housing Strategy and Implementation Matrix The housing strategy and implementation matrix summarizes information from all previous work in this project. The strategies in the matrix are identified as near term, medium -term, or long-term opportunities for each city in the subregion. In general, the assignment of these strategies represents the market readiness and potential impact of each strategy for each city in the subregion. Market readiness and potential impact were identified using data and information gathered from the housing context assessment, policy assessment memo, stakeholder engagement efforts, and the testing of policy options in the housing policy tool. Some cities in South King County are currently evaluating and implementing strategies in this matrix as part of their local Housing Action Plan implementation work. For example, Renton is in the process of creating a TOD subarea plan and already has reduced parking requirements for affordable housing. The consultant team heard clearly from both city staff and external stakeholders in the engagement effort that while some cities might have implemented some of these strategies in the past, these policies and programs should be evaluated on an on -going basis and updated as needed to support desired outcomes. As such, we have still identified those strategies that should be evaluated for cities where appropriate with the acknowledgement that the housing market and housing needs shift and that improvements to existing policies or programs should be considered. ECONorthwest 10 Housing Context Assessment The project team conducted a housing context assessment for each of the six cities and the South King County Subregion. Thee housing context assessment provides an analysis of the housing supply, demand, and needs in each city and throughout South King County and forms the basis for evaluating strategies for each jurisdiction and the subregion to incentivize future housing production to meet population forecasts through 2040. The results of the housing context assessment were shared with each city via a "fact packet" containing data and analysis surrounding their existing housing stock and future housing needs. The housing needs and housing trends identified for each city is reflected in the strategy and implementation matrix. Stakeholder Engagement Key stakeholder interviews are important qualitative research tool that compliments quantitative data analysis and allows people to authentically share their lived experiences. For the purposes of this project, the consultant team conducted two series of interviews - one process focused on developers, both nonprofit and private sector, and the other focused on internal city staff and integrated feedback from engagement efforts into the strategies and implementation matrix. Developer Interviews South King County project managers identified a list of stakeholders with experience working, or proposing development, in the South King County community for interviews. The consultant team convened two groups of focused conversations and conducted seven one-on-one interviews. Participants included both nonprofit and private developers, and real estate professionals who addresses questions of: ■ Their experience and/or perception of developing housing projects in South King County. ■ Policy and code barriers to housing production that they encountered. ■ Ideas for increasing affordable housing options. ■ Challenges of working with City government, as well as opportunities for collaboration. Developer Interview Key Themes Key themes that emerged from developer interviews are listed below, with the complete results of the interviews found in the Stakeholder Interview Summary ■ Development is constrained by a combination of perception and economics. Land prices are high, but without the demand for density that exists in Seattle and other areas in East King County. All cities should consider the following to support the development of additional housing: Establish a clearly articulated vision of their approach to housing with buy -in at every staff level. ECONorthwest 11 Eliminate barriers to housing production by expanding incentives, eliminating policy barriers, and increasing zoning capacity. These include: - Remove some retail requirements in mixed -use zones. - Revise or eliminate parking requirements. - Evaluate impact fees and identify a fee waiver program to support housing goals. - Ease design guidelines for affordable housing. - Allow more housing capacity around transit. City Staff Interviews The city project team collectively identified policies to be evaluated and a list of current planning staff to be interviewed to provide qualitative context to supplement interviews for this project. The Cities also provided permit data and fee information, which was examined for trends. Six follow-up interviews were then conducted with ten staff representing five cities. City Staff Interview Key Themes Key themes that emerged from city staff interviews are listed below, with the complete results of the interviews found in the Housing Policy Assessment. ■ Evaluate parking standards in zones that allow multifamily and mixed -use development. Interviewees indicated and evaluation of parking minimums in station areas and transit corridors should be prioritized for evaluation and code changes. ■ Evaluate and explore expanding additional residential density allowances around transit corridors and stations areas and continue to advocate for transit service improvements and high capacity transit infrastructure to serve target growth areas. ■ Evaluate infrastructure and utility needs to better support housing capacity increases in lower -density areas and in unincorporated and/or potential annexation areas (PAAs) immediately adjacent to city boundaries. ■ Explore creating new, or expanding existing, funding sources and opportunities for land dedication to support affordable housing production. This was an opportunity identified for South King Housing and Homelessness Partners (SKHPP) to play an active role in supporting sub regional affordable housing production. Housing Policy Tool Three strategies were evaluated quantitatively via a housing policy web -tool made available to the South King County project management team. The three strategies evaluated in the housing policy tool included; allowances for middle housing, expansion of TOD and Urban Center areas to allow multi -family development more broadly around transit and regional growth centers, and a naturally occurring affordable housing preservation strategy. The housing policy tool used development proformas, construction costs, and quantitative market data to provide a deeper evaluation of the strategies' applicability and appropriateness across the South King County region. ECONorthwest 12 Market Conditions & Timing Strategy # Element Existing 0 Near -term 0 Medium -Term 0 Long -Term 0 Regional Auburn Burien Federal Kent Renton Tukwila / SKHHP Way 1A Revolving Loan Fund Monitor Regulated Properties 113 0 1C NOAHs / aging housing stock o 1D Culturally Specific Support 1E Tenant Protections a � Mobile Home Park Preservation :IF a 1G Rental Licensing Program 2A Revolving Loan Fund cu (Z o 2B Other Funding Mechanisms Nor- -0 .E 3 5 2C MFTE Expansion 0 ca Q = - y Reduced Parking Requirements 2D Create and Calibrate Density Bonuses 2D 3A Middle Housing Zoning Code o '3 3B Middle Housing Incentives = 0 3C Refine ADU Standards and Incentives 4A Encourage higher density housing Expand TOD and urban center designations 4B N 4C Evaluate TOD Market Readiness a� o 4D Evaluate Capital Improvement Plans 4E Explore Public -Private Partnerships ECONorthwest 13 ECONorthwest 14 COUNCIL MEETING DATE: October 19, 2021 ITEM #: / d .. .............. . ......... . . . ...... . .... . . ...... . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AWARD OF REPAIRS - STEEL LAKE MAINTENANCE FACILITY POLICY QUESTION: Should Council authorize award of the Steel Lake Maintenance Building Repair Project to the lowest responsive responsible bidder? COMMITTEE: n/a MEETING DATE: n/a CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution Other STAFF REPORT BY: Desiree S. Winkler, P-E., Deputy Diree DEPT: Public Works Attachments: 1. Staff Report 2. Bid Tabulation Options Considered: 1. Award the Steel Lake Maintenance Building Repair to CFC Construction, LLC, the lowest responsive, responsible bidder, in the amount of $23,812.43, approve a 10% contingency of $2,381.24 for a total of $26,193.67 and authorize the Mayor to execute the contract. 2. Reject all bids and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A DIRECTOR APPROVAI5,e.,— 101IZ-120Z1 Initial/Date Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to award the Steel Lake Maintenance Building Repair to CFC Construction, LLC, the lowest responsive, responsible bidder, in the amount of $23,812.43, approve a 10% contingency of $2,381.24 for a total of $26,193.67 and authorize the Mayor to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 19, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E. Public Works Director Desiree S. Winkler, P.E. Deputy Public Works Direc aj�r ' SUBJECT: Award of Repairs - Steel Lake Maintenance Facility Financial Impacts: This item was not included within the approved budget. As proposed, it will be funded by the RISK fund (501) in the amount of $27,193.67 (contract amount plus 10% contingency plus permit and inspection). The city intends to recover these expenses from the responsible party. There are no additional costs for ongoing operations and maintenance as this is a repair of existing infrastructure. Background Information: On the evening of June 17, 2021, a driver drove his vehicle through the south gate of the Steel Lake Maintenance Facility and hit the corner of the Steel Lake Maintenance Facility under the old fire department bell tower causing significant structural damage. Additional damages were incurred from vehicle impacts to other materials and equipment that will be included in the city's recovery efforts. This agenda item is only for the structural building repairs. Staff completed temporary repairs to the building. A structural engineering analysis was obtained that detailed the permanent repairs required. Staff tried unsuccessfully to contact several local building contractors to provide bids to complete the work. The project was reportedly too small and building contractors are too busy. Staff most recently utilized the Municipal Research Services Center Small Works Roster to solicit building contractors. Request for Quotes (RFQs) were sent to over twenty contractors. Only two contractors requested site visits, and one contractor submitted a bid. The lowest responsive responsible bidder is CFC Construction, LLC out of Renton, WA. Proposed expenditures are as follows: Lump Sum Building Repair $21,628.00 WSST (10.1%) $ 2,184.43 Contingency (10%) $ 2,381.24 Building Permit & Inspection $ 1,000.00 TOTAL $27,193.67 Additional efforts to solicit bids would be unlikely to provide much, if any savings, and would only further delay the permanent repairs. 2 Steel Lake Maintenance Building Repair RFB No. n/a BID OPENING DATE October 8, 2021, 4:00 PM Bid 1 Engineer's Vendor Name ---> CFC Construction, LLC Estimate Location ----------> Renton, WA Item Amount Unit Price Total Price Total 1 Building Repair Complete 1 LS $21,628.001 $21,628.00 $19,942.00 $19,942.00 SUBTOTAL SCHEDULE A $21,628.00 $19,942.00 WSST 10.1% $2,184.431 $2,014.14 TOTAL $23,812.431 $21,956.14 Quote YES L&I Review YES Debarred (Y/N) NO References YES Page 1 of 1 COUNCIL MEETING DATE: October 19, 2021 ITEM #: 0M CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: Code Amendments: Public Transportation Facilities POLICY QUESTION: Should Title 19 of the Federal Way Revised Code be alnended to allow Light Rail or Commuter Rail Transit Facilities as a permitted use within the Commercial Enterprise (CE) and City Center Core (CC-C) zones. COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 4, 2021 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: James Rogers DEPT: Community Development :... .................. ........ .. Attachments: I. Staff Report 1011311�21-A K-Puvw writ "oF 2. G fv� lgwagT D iIl-4)-014 � . Attachments (Exhibit 1 - Ordinance, Exhibit 2 - Map, Exhibit 3 — SEPA Comments, Exhibit 4 — Comment Response) Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S MAYOR APPROVAL: 1. DIRECTOR APPROVAL: �Z I Ini�ialif]��c 111 COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance for a public hearing and First Reading on October 19, 2021. V � C'- z oor,-\ 20 o(Y1 Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (October 19, 2021): "I move to forward the proposed ordinance to the November 2, 2021 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (November 2, 2021): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # ANk CITY OF Federal Way DATE: October 13, 2021 TO: City Council Via: Jim Ferrell, Mayor MEMORANDUM Community Development Department FROM: Brian Davis, Director of Community Development James Rogers, Senior Planner SUBJECT: Ordinance: Proposed Code Amendments: Public Transportation Facilities (21-103529-UP, 21-103530-SE) This memo summarizes changes made to the proposed ordinance since being forwarded by the Land Use and Transportation Committee on October 4, 2021. Changes to Code Amendments • The attached red -lined ordinance (Exhibit 1) show changes to language in the land use charts for City Center Core and Commercial Enterprise zones. These changes reflect requests for clarification received from Sound Transit, both during and after the comment period. A new definition for "Transit Station" has also been added for clarity. Add a new definition to 19.05.200 L definitions to read; "Transit Station " means an off-street at -grade, under-, or above -street -level rail or light - rail, ferry terminal, bus hub, or bus transfer facility for stopping of transit vehicles to pick up and drop off passengers. A transit station usually has boarding/alighting platforms, waiting area(s), fare collection, information, and related facilities. E IBIT ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Public Transportation Facilities; amending FWRC 19.05.120, 19.05.200, and 19.105.020; and adding new sections to Chapters 19.225 and 19.240 FWRC. (Amending Ordinance Nos. 17-834, 15-804, 09-630, 09-610, 09-593, and 97-295) WHEREAS, the City of Federal Way ("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 new permitted land use for the City Center Core (CC-C) and Commercial Enterprise (CE) zones which establishes development regulations for Light Rail or Commuter Rail Transit Facilities within the City; and WHEREAS, the Central Puget Sound Regional Transit Authority ("Sound Transit") is proceeding to implement their Sound Transit 3 ("STY) light rail system expansion, with two light rail stations planned within the City; and WHEREAS, the Federal Way Link Extension ("FWLE") portion of ST3 is currently under construction, with a new light rail station being built at the Federal Way Transit Center ("FWTC") in the CC-C zone; and Ordinance No. 21- Page I of 16 Rev 1 /21 LU WHEREAS, the planned parking facility expansion, designed to accommodate the new added demand from light rail users at the FWTC, has not yet been constructed; and WHEREAS, the Tacoma Dome Link Extension ("TDLE") is currently in the planning phase; and WHEREAS, a preferred alternative route alignment and station location has been identified by Sound Transit in the CE zone in South Federal Way; and WHEREAS, the demand for parking for transit -related parking proximate to the new stations will occur as soon as the stations are in operation; and WHEREAS, there are no public parking facilities available to accommodate the parking demand created by the transit stations; and WHEREAS, the proposed use is already generally allowed in the City as an essential public facility; and WHEREAS, the City's comprehensive plan vision, goals and policies strive to ensure transit station areas develop into efficient transportation centers that serve all travel modes, including cars; and WHEREAS, adding Light Rail or Commuter Rail Transit Facilities to the City's development regulations will help ensure that stations are developed in a complete and functional manner, not piecemeal; and WHEREAS, the City's measurement of transit level of service ("LOS") considers the provision of adequate parking at transit stations to be necessary in order to meet minimum LOS standards; and Ordinance No. 21- Page 2 of 16 Rev 1 /21 LU WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the Proposal on August 27, 2021, and no appeals were received and the DNS was finalized on October 1, 2021; and WHEREAS, the Planning Commission properly considered these code amendments on September 15. 2021; and WHEREAS, the Land Use & Transportation Committee of the City Council considered these code amendments on October 4, 2021, and recommended adoption of the text amendments as recommended by the Planning Commission on Se Member 15. 202 1; and WHEREAS, the City Council properly conducted a duly noticed public hearing on these code amendments on October 19, 2021 and November 3, 2021. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The above recitals are hereby restated and adopted as findings. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by ensuring that transit stations are developed in a complete and functional manner, become an amenity to the people they serve, and do not burden local businesses and communities. (c) These code amendments comply with Chapter 36.70A RCW, the Growth Management Act. Ordinance No. 21- Page 3 of 16 Rev 1/21 LU (d) 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. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (f) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the 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: 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, Ordinance No. 21- Page 4 of 16 Rev 1/21 LU consider a public/private partnership to develop structured parking in the downtown commercial area. CCP34 Encourage the provision of structured parking. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it will ensure that transit stations are developed as complete and effective public facilities, with a greater ability to provide the public with a faster, safer and cleaner mode of transportation, while reducing congestion on the public roadways. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it helps to ensure that transit stations are developed in a complete and functional manner, becoming a multi -modal amenity to the people they serve. Section 3. FWRC 19.05.120 is hereby amended to read as follows: 19.05.120 L definitions. "Land division " means any process by which individual lots, parcels, or tracts are created for the purpose of sale, lease, or transfer. Land divisions include, but are not limited to, conventional subdivisions (both short and long plats), binding site plans, cluster subdivisions, cottage housing, zero lot line townhouse development, and small lot detached development. "Landscaping" means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. "Landward" means toward dry land. "Legal nonconformance " means those uses, developments, or lots that complied with the zoning regulations at the time the use, development, or lot was created or established, but do not Ordinance No. 21- Page S of 16 Rev 1/21 LU conform with current zoning regulations. This definition shall be applied to legal nonconforming lots, uses, and developments as defined in this chapter. "Light rail or commuter rail transit ,facility" means a structure or other improvement of a regional light rail or commuter rail transits stem, which includes ventilation structures traction sower 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. "Linear frontage of subject property" means the frontage of the subject property adjacent to all open, improved rights -of -way other than Interstate 5. If the subject property is not adjacent to an open, improved right-of-way, "linear frontage" means the frontage of the subject property on any public access easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights -of -way. "Lobby" means a central hall, foyer, or waiting room at the entrance to a building. "Lot" means a parcel of land, of sufficient area to meet minimum zoning requirements, having fixed boundaries described by reference to a recorded plat, to a recorded binding site plan, to metes and bounds, or to section, township and range. "Lot area" means the minimum lot area per dwelling unit based on the underlying zone. For single-family lots, the area of a vehicular access easement, private tract, flagpole, or access panhandle shall not be credited in calculation of minimum lot area. "Low density use" means a detached dwelling unit on a subject property that contains at least five acres. "Low density zone " means the following zones: SE and comparable zones in other jurisdictions. Ordinance No. 21- Page 6 of 16 Rev 1/21 LU "Low impact development (LID) " means a stormwater management strategy that emphasizes conservation and use of existing features integrated with distributed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings. Section 4. FWRC 19.05.200 is hereby amended to read as follows: 19.05.200 T definitions "Temporary personal wireless service facility" means a personal wireless service facility which is to be placed in use for a limited period of time, is not deployed in a permanent manner, and does not have a permanent foundation. "Tenant improvement" means any work, improvement or remodeling completely within the interior of a building necessary to meet the varied requirements of continuing or succeeding tenants. "Threshold determination " means the decision by the responsible official (the community development services director) whether or not an environmental impact statement (EIS) is required for projects that are not categorically exempt under the State Environmental Policy Act (SEPA). "Topping" means a pruning cut to the main stem of a mature tree. Such cuts can result in serious decay and/or forcing out growth of weakly attached upright sprouts below the cut. Topping also results in permanent alteration of tree architecture. For purposes of this chapter, topping shall be treated the same as tree removal. "Topsoil" means the uppermost strata of soil containing a large percentage of organic materials and which is capable of providing suitable nourishment for vegetation. "Townhouse " means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. See definition of "dwelling unit, townhouse." "Trade school" means a post -secondary institution that trains persons for qualification in specific trades or occupations, i.e., mechanics; construction trades such as carpentry, HVAC, and wiring; electronics repair and service including computers; plumbing; chefs and culinary training; upholstery; bartending. Ordinance No. 21- Page 7 of 16 Rev 1 /21 LU "Traffic control devices" means signs, signals, stripes and other mechanical or graphic items which control the flow, direction or speed of vehicular and pedestrian traffic. "Transit Slation" means an off-street at -grade, under-, or above -street -level_ rail or light -rail. fens,- terminal_ bus hub or bus transfer facility for stopping of transit vehicles to pick up and drop off passengers. A transit station usually has boarding/alighting, L)Iatfcrms. waiting areas . fare collection, information. and related facilities. "Transparent glass" means windows that are transparent enough to permit a reasonable level of visibility of the activities within a building from nearby streets, sidewalks and public spaces. "Tree " means any self-supporting perennial woody plant characterized by one main stem or trunk of at least six inches in diameter measured four and one-half feet above ground, or a multi - stemmed trunk system with a definite crown, maturing at a height of a least 20 feet above ground level. "Tree unit" is a measurement to give value to the number of trees retained on a site. Table 19.120.130-2 assigns tree unit credits based upon the size of the existing or newly planted trees. For new trees, tree units vary depending on the size that the trees will reach at maturity (smaller size at maturity, fewer tree unit credits). "Trees, deciduous" means trees that shed or lose their foliage at the end of the growing season. "Trees, evergreen " means trees that retain their leaves for more than one growing season. Section 54. FWRC 19.105.020 is hereby amended to read as follows: 19.105.020 Essential public facilities. (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 decisionundef pf:eeess IV, heafing examiner- deeision. PFOjeet review shall alse inelude these speeia4 (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 Ordinance No. 21- Page 8 of 16 Rev 1 /21 LU Housing Act, in which case such exemption does not imply an exemption from applicable building or structural standards. (2) Site evaluation criteria. The following criteria will be utilized in evaluating siting proposals made by sponsoring agencies or organizations seeking to site Class I essential public facility in Federal Way. These criteria encompass an evaluation of regional and/or local need and local site suitability for the proposed facility. Findings concerning the proposal's conformance with each criteria shall be included in the documentation of any city decision relative to the project. (a) Demonstration of need. Project must establish the need for their proposed facility Included in the analysis of need should be the projected service population, an inventory of existing and planned comparable facilities, and an assessment of demand for this type of essential public facility. (b) Relationship of service area to population. The facility should service a share of Federal Way's population within the city. The proposed site should also be in a location that reasonably serves its over-all service area population. (c) Minimum site requirements. Project sponsors shall submit documentation showing the minimum site requirement needs for the facility. Site requirements may be determined by any or all of the following parameters: Minimum size of the facility, access, necessary on -site support facilities, topography, geology and soils and mitigation requirements. The sponsor shall also identify any future expansions of the facility. (d) Alternative site selection. The sponsor shall document whether any alternative site have been identified that meet the minimum site requirements of the facility. Where a proposal involves expansion of an existing site, the documentation should indicate why relocation of the facility to another site would be infeasible. Ordinance No. 21- Page 9 of 16 Rev 1 /21 LU (e) Concentration of essential public facilities. In considering a proposal, the city shall examine the overall concentration of these facilities within the city to avoid placing undue burden on any one neighborhood. (f) Public participation. Sponsors shall conduct local outreach efforts with early notification to prospective neighbors to inform them about the project and to engage local residents in site planning and mitigation design prior to the initiation of formal hearings. (g) Proposed impact mitigation. The proposal must include adequate and appropriate mitigation measures for the impacted area and neighborhood. Mitigation measures may include, but are not limited to, natural features that may serve as buffers, other site design elements used in the development plan, and/or operational or other programmatic measures contained in the proposal. The proposed measures should be adequate to substantially reduce or compensate for anticipated adverse impacts on the local environment. Section 6-5. Chapter 19.225 Sections is hereby amended to read as follows: Chapter 19.225 CITY CENTER CORE (CC-C)1 Sections: 19.225.010 Office use. 19.225.015 Breweries, distilleries, and wineries. 19.225.020 Retail use. 19.225.030 Retail shopping center, regional. 19.225.040 Entertainment. 19.225.050 Hotel, convention or trade centers. 19.225.060 Parking garages. 19.225.070 Multifamily dwelling units, senior citizen, or special needs housing. 19.225.080 Hospital — Convalescent centers — Nursing homes. 19.225.090 Schools — Day care facilities, commercial. 19.225.100 Government facility, public parks, public transit shelter. 19.225.105 Public transportation facilities. 19.225.110 Public utility. Ordinance No. 21- Page 10 of 16 Rev 1 /21 LU 19.225.120 Personal wireless service facility. 19.225.130 Churches. 19.225.140 Urban agriculture. Section. 76. Chapter 19.225 of the Federal Way Revised Code is hereby amended to add a new section 19.225.105 to read as follows: 19.225.105 Public transportation facilities. The following uses shall be permitted in the commercial enterprise CE zone subject to the reyulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use THEN. across for aLQjJjLL,ALQj ZMinimums p W USE o �3 .� rx rx o e c x a. ZONE CC-C SPECIAL REGULATIONS AND NOTES N Required Yards o ti Licht Rail Process Norte 75 ft. above average building elevation 500 Spaces for li ht rail or commuter 1. If approved by the director. the height of a structure may exceed 75,_f_t,_abpve or Commuter Rail Transit Facili M See 0 ft. 0 ft 0 ft. average buildin elevation E if the increased height is lnecmwy to note 16. accommodate the struetural, cAuipment, or opgrational needs of the u e. Except 20 ft. along Single- Family residential zones 2. Building height may not exceed 75 R. AABE when lncat_ed_ w_ ithin 100 ft. of a Single-family residential xane_ 3. The proposed development►yill be consistent with the adapted AABE See notes rail facilities cornprehensive plan politics for this zone. C Minor and supporting structures constructed as a fpnctipr l rrcgyrement of a 1 and with transit stations. facility rear 6e allowed at the same height as the primary stricture. provided the_ Director ofCongnunity Development Services determines that the facility and See notes any related supparking strueiur will not significantly impact adiacent 13,14 and 15. properties. 5. The subject property must be designed so that truck parking leading. anq ManeuKyingareas., areas where noise generating outdoor uses and activities may occur, and vents and s inriiar Features am located as far as possible ftom an residential ztme, conforming residential use. or natural systems. Ordinance No. 21- Page 11 of 16 Rev 1 /21 LU Process 1. 11. tll and IV are describer in Chanter 19.55 FWRC, Chapter 9.60 FWRC_ Chsoter 19,65 FWRC_ Chapter 19.70 FWRC 1 - based on the approval criteria of FWRC 19.130.080(2). aE:eVArhle transit t...�;„ Mai on. Up to 1 o% or rtg aired parkine rn ay be allowad assurface paTkin in order to accommodate limited u . g_tir>t�rig_paces. i.e. ADA parkingsspaccs, short term parlunp,Waces etc- The (lireel or shall f)iAL' :l determinaiitm L,,' I(I wI10111er to aporol-c aiiy nrouesecl deviatioa from the si ti ictin;e slid floor ritli standards 15_ Reyttire structured park, in will be widzim no more than 1006 feet of t he transit siatioor _unless otherwise approved by the directpr. The distance shall be measured alone wf -iL tv-arntrow pedestrian path from the_Siat,cin trz�ISi1_sj�51inn entrance to the closest public pedestrian entrancc to the parking structure. 16. P 'ect will be reviewed as a Class 1 Es ntial Pu lie Facility. refer to FWRC 19.105.020(2). For otherinformition about i d varkin a areas, see Chu to 19.130 FWRC. For details o what may exceed this height limit, see FWRC 19.1 10,050 ct,_wo, For datails resardmg required cards. sac FWRC 19.125.160 cog Section 8. Chapter 19.240 Sections is hereby amended to read as follows: Chapter 19.240 CITY CENTER CORE (CC-C)1 Sections: 19.240.010 Manufacturing and production, general. 19.240.020 Warehouse — Distribution — Storage facilities — Truck stops — Automotive emissions testing facilities. 19.240.030 Commercial photography — Communications — Product testing — Industrial laundry facilities. 19.240.040 Hazardous waste treatment and storage — Chemical manufacturing — Gravel batch plant — Transfer station. 19.240.050 Vehicle, boat, equipment, and outdoor storage container sales, rental, service, repair — Self-service storage — Tow and taxi lots. 19.240.060 Retail — Bulk retail. Ordinance No. 21- Page 12 of 16 Rev 1 /21 LU 19.240.070 Retail, general and specialty — Manufacturing and production, limited. 19.240.080 Office uses. 19.240.090 Hotels — Motels. 19.240.100 Business, vocational, trade schools — Day care facilities, commercial — Animal kennels. 19.240.110 Entertainment — Generally. 19.240.115 Breweries, distilleries, and wineries. 19.240.120 Entertainment — Adult entertainment, activity, retail, or use (adult uses). 19.240.125 Public utility. 19.240.130 Government facilities, public parks, public transit shelter. 19.240.135 Public transportation facilities. 19.240.140 Personal wireless service facilities. 19.240.160 Churches. 19.240.170 Urban agriculture. 19.240.180 Group homes. Section 9. Chapter 19.240 of the Federal Way Revised Code is hereby amended to add a new section 19.240.135 to read as follows: 19.240.135 Public transportation facilities. The followinp- uses shall be permitted in the commercial enterprise (CE) zone subject to the regulations and notes set forth in this section: ❑5E ZONE CHART DIRECTIONS FIRST. read down to find use THEN acr 5 For REGULATIONS Minimums z p Required Yams o � ZONE a CE WQ 0 .oa o 8 � ❑� USE SPECIAL REGULATIONS AND NOTES .� O 7 Light Rail Process IV.See alone 50 ft. above G0 Spaces I. If approved by the director, the height of a structure may exceed 50 ft. above or 0 ft. 0 0 average building elevation (AAgg), if the increased height is necessary to note 16. accommodate the structural, equipment. 4r operational needs of the use. Commuter ft. ft average buildin lwoku I or Rail Except 20 ft. 2. BuiIdina height may not exceed 50 ft. AA13E when located within 100.ft. of a along Sin-le-familySb-gle-farnily residential zone. Transit elevation uuutel (AABE) Facility Single_ 1 3. The proposed duelcpment will be consistent with the adopted cam prehensiye plan policies for this zone. Family See notes _iiitiec residential 1 '1.7 4. Minor and supporting structures constructed as a functional requirement of a facility may be allowed at the sarne height as the primary structure. provi ed the p and 2 :visit Ordinance No. 2 1 - Page 13 of 16 Rev 1/21 LU Chapter 19.55 FWRC, see Chayter 19255 FWRC. to accommodate the patrnria_af 9-tu4�li}fir ai+....-:� r.. transit station_ ('he director haft after coin sullalion with the C ity TraT& Engineer,make a determi on as FWRC 19 I;til ii{yt_2J. 14_ Parkin must be generally structured and desimied for the smah t fogtPrint that will accommodate the requircd_pa* ing to serve the patrons of a pt[1,Ftci4 aeet�r �vle transit Fii+itk a[aiiun. Up te_l (1°'Q_Qfquired perking may he alleryed XDA parkin[[ snaccs, short term ourking spaces. etc. llte direetpr shall natter a detemlinalron a+ Eo tt•hether to a rrove airy yroppscd deviation from the S r[iL' Wt Ai,idLoo[pi ii11, slandards_ 15. l ise[-.,Structured narking will be wiiIiin 00-Ms*c-4loam 1000 Fleet of the mmsit station_ unless otherwise approved by the director. The dishhall be measured alas [lira c i i � QRrved 12edestrian ath from Lhe �[4ittrt [ransiI station entrance to the closest public pod estrian entrance to the parkins structure. lb. Project will be reviewed as a Class I Essential Publiv Fai;j l tY.refer to FWRC 19.I05.420(2) For athgr information shout parking and parking areas. uie ChWp 19 110 FWRC. F r det i 15 of what may e xced th ts bci6l I inijL sc • FWRC 19.110 0:50 ct. s For deudIs• ret Wjj- , reauircd yards_ see FWRC 19,125 160 et sea. Section 109. 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. Ordinance No. 21- Page 14 of 16 Rev 1 /21 LU Section 110. 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 12-�. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 132. 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 November, 2021. [signatures to follow] Ordinance No. 21- Page 15 of 16 Rev 1 /21 LU CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 21- Page 16 of 16 Rev 1 /21 LU CITY OF Federal Allay Centered on Opportunity Dale: September 23, 2021 To: Land Use Transportation Committee Department of Community Development 33325 81h Avenue South Federal Way, WA 98003-6325 253-835-2607 vAvw. cityofPederaWay. corn Jim Ferrell, Mayor From: Brian Davis, Director of Community Development 6�_ Keith Niven, AICP, CEcD, Planning Manager OP — James Rogers, Senior Planner ,_1 j- Subject: Ordinance: Proposed Code Amendments: Public Transportation Facilities Files: 21-103529-UP, 21-103530-SE FINANCIAL IMPACTS There is no financial impact to the City for this code update. This is a non -project proposal. BACKGROUND Community Development is seeking to amend Title 19 of the Federal Way Revised Code. 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. 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 Rail or Commuter Rail Transit Facility" as a permitted use under a new code number 19.240.135 Public Transportation Facilities. (See Exhibit 1) 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/webI ink/browse.aspx?id=865525&dbid--O&repo=ci!yoffederaiway_. 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 ended on September 10, 2021. The 21-day appeal period ends on October 1, 2021. Comments were received from Sound Transit on September 10. 2021 (Exhibit 3). Staff has provided responses to those comments (Exhibit 4) Public hearing regarding this proposal will be held October 19 at City Council, as allowed in 19.080.190(1) FWRC. Notice will be posted at least 14 days in advance of the hearing date. VI. 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 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. 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. VII. RECOMMENDATION The Mayor recommends adopting the proposed ordinance for minor amendments to Title 19, Title of the Federal Way Revised Code (FWRC) as shown above and in Exhibit 1. List of Exhibits Exhibit 1 Ordinance Exhibit 2 Vicinity Map Exhibit 3 SEPA Comment Letter Exhibit 4 City Response to Comments EXH IT ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Public Transportation Facilities; amending FWRC 19.05.120 and 19.105.020; and adding new sections to Chapters 19.225 and 19.240 FWRC. (Amending Ordinance Nos. 17-834, 15-804, 09-930, 09-610, 09-593, and 97-295) WHEREAS, the City of Federal Way ("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 new permitted land use for the City Center Core (CC-C) and Commercial Enterprise (CE) zones which establishes development regulations for Light Rail or Commuter Rail Transit Facilities within the City; and WHEREAS, the Central Puget Sound Regional Transit Authority ("Sound Transit") is proceeding to implement their Sound Transit 3 ("STY) light rail system expansion, with two light rail stations planned within the City; and WHEREAS, the Federal Way Link Extension ("FWLE") portion of ST3 is currently under construction, with a new light rail station being built at the Federal Way Transit Center ("FWTC") in the CC-C zone; and Ordinance No. 21- Page I of 14 Rev 1/21 LU WHEREAS, the planned parking facility expansion, designed to accommodate the new added demand from light rail users at the FWTC, has not yet been constructed; and WHEREAS, the Tacoma Dome Link Extension ("TDLE") is currently in the planning phase; and WHEREAS, a preferred alternative route alignment and station location has been identified by Sound Transit in the CE zone in South Federal Way; and WHEREAS, the demand for parking for transit -related parking proximate to the new stations will occur as soon as the stations are in operation; and WHEREAS, there are no public parking facilities available to accommodate the parking demand created by the transit stations; and WHEREAS, the proposed use is already generally allowed in the City as an essential public facility; and WHEREAS, the City's comprehensive plan vision, goals and policies strive to ensure transit station areas develop into efficient transportation centers that serve all travel modes, including cars; and WHEREAS, adding Light Rail or Commuter Rail Transit Facilities to the City's development regulations will help ensure that stations are developed in a complete and functional manner, not piecemeal; and WHEREAS, the City's measurement of transit level of service ("LOS") considers the provision of adequate parking at transit stations to be necessary in order to meet minimum LOS standards; and Ordinance No. 21- Page 2 of 14 Rev 1 /21 LU WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the Proposal on August 27, 2021, and no appeals were received and the DNS was finalized on October 1, 2021; and WHEREAS, the Planning Commission properly considered these code amendments on September 15, 2021, and forwarded a recommendation of approval to the City Council on and WHEREAS, the Land Use & Transportation Committee of the City Council considered these code amendments on October 4, 2021, and recommended adoption of the text amendments as recommended by the Planning Commission on WHEREAS, the City Council properly conducted a duly noticed public hearing on these code amendments on October 19, 2021 and November 2, 2021. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section L Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The above recitals are hereby restated and adopted as findings. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by ensuring that transit stations are developed in a complete and functional manner, become an amenity to the people they serve, and do not burden local businesses and communities. (c) These code amendments comply with Chapter 36.70A RCW, the Growth Management Act. Ordinance No. 21- Page 3 of 14 Rev 1 /21 LU DRAFT (d) 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. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (f) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the 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: 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, Ordinance No. 21- Page 4 of 14 Rev 1 /21 LU DRAFT consider a public/private partnership to develop structured parking in the downtown commercial area. CCP34 Encourage the provision of structured parking. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it will ensure that transit stations are developed as complete and effective public facilities, with a greater ability to provide the public with a faster, safer and cleaner mode of transportation, while reducing congestion on the public roadways. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it helps to ensure that transit stations are developed in a complete and functional manner, becoming a multi -modal amenity to the people they serve. Section 3. FWRC 19.05.120 is hereby amended to read as follows: 19.05.120 L definitions. "Land division" means any process by which individual lots, parcels, or tracts are created for the purpose of sale, lease, or transfer. Land divisions include, but are not limited to, conventional subdivisions (both short and long plats), binding site plans, cluster subdivisions, cottage housing, zero lot line townhouse development, and small lot detached development. "Landscaping" means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. "Landward" means toward dry land. "Legal nonconformance " means those uses, developments, or lots that complied with the zoning regulations at the time the use, development, or lot was created or established, but do not Ordinance No. 21- Page 5 of 14 Rev 1/21 LU DRAFT conform with current zoning regulations. This definition shall be applied to legal nonconforming lots, uses, and developments as defined in this chapter. "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. "Linear frontage of subject property" means the frontage of the subject property adjacent to all open, improved rights -of -way other than Interstate 5. If the subject property is not adjacent to an open, improved right-of-way, "linear frontage" means the frontage of the subject property on any public access easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights -of -way. "Lobby" means a central hall, foyer, or waiting room at the entrance to a building. "Lot" means a parcel of land, of sufficient area to meet minimum zoning requirements, having fixed boundaries described by reference to a recorded plat, to a recorded binding site plan, to metes and bounds, or to section, township and range. "Lot area" means the minimum lot area per dwelling unit based on the underlying zone. For single-family lots, the area of a vehicular access easement, private tract, flagpole, or access panhandle shall not be credited in calculation of minimum lot area. "Low density use" means a detached dwelling unit on a subject property that contains at least five acres. "Low density zone " means the following zones: SE and comparable zones in other jurisdictions. Ordinance No. 21- Page 6 of 14 Rev 1 /21 LU "Low impact development (LID) " means a stormwater management strategy that emphasizes conservation and use of existing features integrated with distributed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings. Section 4. FWRC 19.105.020 is hereby amended to read as follows: 19.105.020 Essential public facilities. (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 s ecial provisions outlined in subsection 2 of this section. Review of Class I facilities shall be under process IV. hearing examiner decision s pr-oeess W, hearing examiner- deeision. Pr-qjeet i-eview shall alsa inelude these spe . ions outlined ifir:]LIL.]44LFe11 (i.. ) v1 !his svvtswax. (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. (2) Site evaluation criteria. The following criteria will be utilized in evaluating siting proposals made by sponsoring agencies or organizations seeking to site Class I essential public facility in Federal Way. These criteria encompass an evaluation of regional and/or local need and local site suitability for the proposed facility. Findings concerning the proposal's conformance with each criteria shall be included in the documentation of any city decision relative to the project. (a) Demonstration of need. Project must establish the need for their proposed facility. Included in the analysis of need should be the projected service population, an inventory of Ordinance No. 21- Page 7 of 14 Rev 1 /21 LU DRAFT existing and planned comparable facilities, and an assessment of demand for this type of essential public facility. (b) Relationship of service area to population. The facility should service a share of Federal Way's population within the city. The proposed site should also be in a location that reasonably serves its over-all service area population. (c) Minimum site requirements. Project sponsors shall submit documentation showing the minimum site requirement needs for the facility. Site requirements may be determined by any or all of the following parameters: Minimum size of the facility, access, necessary on -site support facilities, topography, geology and soils and mitigation requirements. The sponsor shall also identify any future expansions of the facility. (d) Alternative site selection. The sponsor shall document whether any alternative site have been identified that meet the minimum site requirements of the facility. Where a proposal involves expansion of an existing site, the documentation should indicate why relocation of the facility to another site would be infeasible. (e) Concentration of essential public facilities. In considering a proposal, the city shall examine the overall concentration of these facilities within the city to avoid placing undue burden on any one neighborhood. (f) Public participation. Sponsors shall conduct local outreach efforts with early notification to prospective neighbors to inform them about the project and to engage local residents in site planning and mitigation design prior to the initiation of formal hearings. (g) Proposed impact mitigation. The proposal must include adequate and appropriate mitigation measures for the impacted area and neighborhood. Mitigation measures may include, but are not limited to, natural features that may serve as buffers, other site design Ordinance No. 21- Page 8 of 14 Rev 1/21 LU 103 t elements used in the development plan, and/or operational or other. programmatic measures contained in the proposal. The proposed measures should be adequate to substantially reduce or compensate for anticipated adverse impacts on the local environment. Section 5. Chapter 19.225 Sections is hereby amended to read as follows: Chapter 19.225 CITY CENTER CORE (CC-C)' Sections: 19.225.010 Office use. 19.225.015 Breweries, distilleries, and wineries. 19.225.020 Retail use. 19.225.030 Retail shopping center, regional. 19.225.040 Entertainment. 19.225.050 Hotel, convention or trade centers. 19.225.060 Parking garages. 19.225.070 Multifamily dwelling units, senior citizen, or special needs housing. 19.225.080 Hospital — Convalescent centers — Nursing homes. 19.225.090 Schools — Day care facilities, commercial. 19.225.100 Government facility, public parks, public transit shelter. 19.225.105 Public transportation facilities. 19.225.110 Public utility. 19.225.120 Personal wireless service facility. 19.225.130 Churches. 19.225.140 Urban agriculture. Section 6. Chapter 19.225 of the Federal Way Revised Code is hereby amended to add a new section 19.225.105 to read as follows: 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: Ordinance No. 21- Page 9 of 14 Rev 1 /21 LU DRAFT USE ZONE CHART DIRECTIONS: FIRST. read down to find use ... THEN cr i'xtr RLGLIL.ATI NS v� pRequired Minimums Yards 4 ZONE USE cG �3 Ze L: N? 2 9L V V — V SPECIAL REGULATIONS AND NOTES Light Rail Process IV, See None 75 ft. above average buildin elevation 500 Spaces. See notes 13 I. if i rnvcd by thc.director, tirc height_ofastntcture may exceed 75 tl. above or Commuter 0 ft. 0 ft 0 ft. average buiIdine elevation (AA BF). jf die increased heittht is neccssuv t0 note 16. accommodate the structural. ectl iipment. or operational deeds of 01c_u5c, Rail Transit Except 20 ft, along Single- 2. Building height may not exceed 75 ft. AABE when located within 100 ft, of a 14 and Sin Ic-famil v residential zone. Facility Family residential AABE See notes 15. 3. The pntpnsed_de�elp merit �Fi[I be consistent with die adopted conmrelivasive plan policies for this zone_ 1 and 2 zones 4. Minor and su or ing struct res constricted as a functional rvg 11irementaf a fac i I ity m ay be allowed at the s ame licia t as the prim-ary strLim ire- pTovided the Director ofConimunity DeveIopnicnI Servjcrs determines that the f tciIily and any related supporting structures will nnis a_s>iiicantly inrnacl ndiaccrlt properties. i.'1"he subject proper mast be desieuted sp that Iruek parl;ilrL iaading, find maneuvering areas: a re as where noise generating outdtlor uses and activities inay occur: and vcnis and similar fcnttins are located as 4•ae as possible 1'rom Innv rttsidential zone, conforming residential use, or natural systems, 6. 1he streets, utilities. and oilier infmstructurc in the area must be adequate to SUPPOn the OrMosed develp meat. T No maximum lot coverage applies, lnstcad, the buildable area will he dcterm inad by fluter site development regulations. i.e.. required yards= landscaping, surfacc water facilities,_ etc. S. For regulations pertaining to outdoor use: activity and storage. retcr to PWRC 19.125.170. 4 For co munit • deri w &ii debac at aDp 1 y to Iire p ro'cc[ see C ha ter 19.115 FWRC, f- For landscaping requirements dint apply to the project. see Cltapter 19. 125 FWRC. I _ EnTsign re uiruments that apply to the PrOOCCL 9CC Cha ter 19,140 FWRC_ 12. For other lsrovisions of this chapter that may apply _tn_the suhja:tprnnerty, see Chapwr 19.265 FWRC_ 13, A parking study ni be suhmillcd to reduce the antaunt pi'pnrki o e uircd to accommodate the patrons of anubIicly accessible transit slalion, The director s hdL after consultation with the C ity TraM c En= neer. make ii tie Lenil inatitill s to wlicthcr to approve any proposed ruction. 14. Parking must be generally structured, and designed for the smallest Footprint that will accommodate llic required parking to scrvci A1c_patrolls of puhllei y accessible trans it Facilely. LJp to 10°u of required psrk ng-rnny be olllowcd :u stir face parking, in order to accommodate limited purpose parkirig spaces. i.e. ADA parking spaces short ternt pari:inFspnces.rigs. I5, Required structured parking gill by within It100 feet of th.e station .un I ess othcr,Mse approver) by the director. The distnna! shall be measlncd aionnaA approved cde�path from the Slatsonurtrance a the clusesl_public pedcsIrian entrance to the prlrknte gruCture. 16. Project will he rev icwed as aClass I EssentinI Public Facility. reicr_to FWRC 19.105.()21)(2)_ Pmecss I_ It_ 111 and IV are dr,�eribed For other information about mkinp and marking areas. sre Chapter 19.130.FWRC. in Chaptor 19.55 F'tVRC, Ch4nlyr 19.60 FWRC Fnrcict m11s o1 xlrat mat esccc<i t11i61ici_ t i tit _ IVIi 19 110.050 rr. six{, QhULCL 19.b5 FW12C, For de tails rcanrdim, NO tdred Yards. sec FWRC 19.125.1(A) o &a_ Cha to 19.70 •1 C rc5 s t �clv_ Ordinance No. 21- Page 10 of 14 Rev 1/21 LU CIE 1 Section 7. Chapter 19.240 Sections is hereby amended to read as follows: Chapter 19.240 CITY CENTER CORE (CC-C)1 Sections: 19.240.010 Manufacturing and production, general. 19.240.020 Warehouse — Distribution — Storage facilities — Truck stops — Automotive emissions testing facilities. 19.240.030 Commercial photography — Communications — Product testing — Industrial laundry facilities. 19.240.040 Hazardous waste treatment and storage — Chemical manufacturing — Gravel batch plant — Transfer station. 19.240.050 Vehicle, boat, equipment, and outdoor storage container sales, rental, service, repair — Self-service storage — Tow and taxi lots. 19.240.060 Retail — Bulk retail. 19.240.070 Retail, general and specialty — Manufacturing and production, limited. 19.240.080 Office uses. 19.240.090 Hotels — Motels. 19.240.100 Business, vocational, trade schools — Day care facilities, commercial — Animal kennels. 19.240.110 Entertainment — Generally. 19.240.115 Breweries, distilleries, and wineries. 19.240.120 Entertainment — Adult entertainment, activity, retail, or use (adult uses). 19.240.125 Public utility. 19.240.130 Government facilities, public parks, public transit shelter. 19.240.135 Public transportation facilities. 19.240.140 Personal wireless service facilities. 19.240.160 Churches. 19.240.170 Urban agriculture. 19.240.180 Group homes. Section 8. Chapter 19.240 of the Federal Way Revised Code is hereby amended to add a new section 19.240.135 to read as follows: 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: Ordinance No. 21- Page 11 of 14 Rev 1/21 LU USE ZONE CHART w I14irtimwns Required Yards o ZONE CE USE 3 N 67 £ SPECIAL REGULATIONS AND NOTES Light Rail Process IV. See None 50 il. above average hui ina elevation 500 Spaces. Sec notes 13. 1. If approved by the director. the height of 4 strlrctrsre may exceed 50 11. above or Commuter 0 ft. t1 ft_ 0 ft. aver' +e hkiilding elevation AA13I? . it dic increased height is nceessary to note 16. aecomm odntc the Structural equipment. or operational needs if the use Rail. Transit Except 20 fi- along, 1 BuiIdine height may not exceed 50 ii. AABE wlie n located within 100 h nf:r 14 and Single-family residcnlioil zone. Facility l:u_ milt' residential (AABE) See notes 15. 3. The proligsed develop ntenl. t ill nsi tent with the ; i d on ted eomprchr:nsi ve plan poIieies For this zone, 1 and 2 zones 4. Nrnor an su ordn s structures constructed as a runctionai re uirem cnt of facilliv may he allowed at the stone height as dte pn¢nary s LTU au re._provided the Director of CominLin ity 1]eveIonmenI Services detemlincs that. the facility and any related supporting structures will not signi11cantly impact adjacent properties. S The sub i get proe must be des i n •d so that truck- paikina. imbn+ and rilR inine to In 19.115 FWRC. 10. Fgr landWapirte requirements that WP13 to the nroiccl. see Chapter 19,125 FWRC. 11 For sign requirements that apply to the projects sae Chapter 19,140 FWRC. 1 S. For other;rrnvisions of thi_s�ignter that may annly to t1w mb'gg prpperty. see Chapter I9 265 FWRC. 13, A parkjng -q tudy may be submitted to reduce the amount of arldn-, rc uire ro amomnuidatc the natrons of a oubIicly accessible transit station. The dirNtpr. ror the ADA parking spacl:s% short term parking OR;eces�tc._ I S. Required structwed arking will be within 1000 fbut of the station. unless 0111mvise appLo cd b the direclaer. The d is Latwe glialI Ix measurt d alaia- Lin approved pedestrian path 1'ront the Station entrance to the-1 }sest public destrian entrance to die n ark ina stracture- FWRC 19.105.0200_ occ is L ll 1 Ll and1V are dcseiiix FQr other infornial fo 11 abOtLt arkan in •d rhir•In a areas, qgg Cleo ter 19i�.13p WIe.0 in Cha tc 9 55 F C. Cho 19.60 M+ ] nr Jzl tl5 aPecltar ttea5' exec + Ihix h ltif Limit. sec F4Vi2C 1'l, [10.030 c . scq Cleapter 19.65 FWRC- 1 . .-nmr _. _ :.. i., Fordewils mgrtrding required ❑ards. see FWRQ 19,125.1.60 rr sect, Ordinance No. 21- Page 12 of 14 Rev 1 /21 LU Section 9. 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 10. 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 11. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 12. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. 2021. PASSED by the City Council of the City of Federal Way this 2nd day of November, [signatures to follow] Ordinance No. 21- Page 13 of 14 Rev 1/21 LU DRAFT CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 21- Page 14 of 14 Rev 1/21 LU V 312th St EXHIBIT S 304th St _ I� I 0 I S 312th St �`" I S 320th St 2� S 324th St .2I a, �S 336th St- t I r � - 'AA . � rws•r NYr r rA A i > 'I c� 4� N 10 4 Zoning cc-cCorr or , cE ,1-' Federal Way T% -rap Ls acc V-Parom 0} mo A.xr 'ru%, and 16 vmm a g30 � •r.p—w-mar 67 SouNiDTRA sIT September 10, 2021 James Rogers Senior Planner City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 EXI-IIBI'T .-_ 3 Subject: Public Transport Facilities Code Amendment SEPA DNS Comments (City File No. 21-103530-SE) Dear Mr. Rogers: Sound Transit has reviewed the SEPA Determination of Non -Significance (DNS) and Environmental Checklist for the proposed code amendment to allow public transportation facilities in the City Center Core (CC-C) and Commercial Enterprise (CE) zones and associated parking requirements. As you know, project alternatives for Sound Transit's Tacoma Dome Link Extension (TDLE) and Operations and Maintenance Facility South (OMF South) are currently under consideration in their respective Draft Environmental Impact Statements (DEIS) for each project. Portions of the project alternatives are located in the CC-C and CE zones. Additionally, while portions of the Federal Way Link Extension (FWLE) under construction are located in these zones, the project is vested to existing codes for 10 years from the execution of the Development Agreement (City of Federal Way Ordinance No. 19-869/Sound Transit Board Motion No. M2019-65). As such, the SEPA DNS and Environmental Checklist has not been reviewed for potential implications for the FWLE project. Sound Transit provides the following initial comments for consideration based on our review of the SEPA DNS and Environmental Checklist materials: Sound Transit supports the collaborative and proactive effort to streamline permitting by specifying "light rail or commuter rail transit facility" uses as permitted uses in the CC-C and CE zones and clarifying what development standards are applicable to such uses. • Would all portions of the TDLE and/or OMF South project in the CC-C and CE zones be affected by the proposed code amendment? .• Would portions of the TDLE and/or OMF South project outside of the CC-C and CE zones be affected at all by the proposed code amendment? • The proposed definition of "light rail or commuter rail transit facility" is comprehensive. To avoid confusion over applicability of the proposed Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St., Seattle, WA 98104-2826 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.org CHAIR Kent Keel University Place Councihnember VICE CHAIRS Dow Constantine King Counly Executive Paul Roberts Everell Counciluember BOARD MEMBERS Nancy Backus Auburn Mayor David Baker Kenmore Mavor Claudia Balducci King Counly Council Chair Bruce Dammeier Pierce County Executive Jenny Durkan Seattle Mayor Debora Juarez Seattle Councilmember Joe McDermott King Counly Council Vice Chair Roger Millar Washinglon Stale Secrelary o/ Transporial ion Ed Prince Renlon Councilmenrber Kim Roscoe Fife Mayor Nicola Smith Lynnwood Mayor Dave Somers Snohomish Counly Executive Dave Upthegrove King Counly Conncihnember Peter von Reichbauer King Counly Conncihnember Victoria Woodards Tacoma Mayor CHIEF EXECUTIVE OFFICER Peter M. Rogoff development standards in the Use Zone Chart, we suggest clarifying that the minimum parking requirements apply only to those transit facilities open to the public and serving transit patrons. • On August 5, 2021, the Sound Transit Board of Directors took action to realign the capital expansion program with a plan that allows the agency to manage the $6.5 billion affordability gap while working to deliver as much of the plan as soon as possible. Part of this action was to delay the delivery and opening of Sound Transit parking projects in the region, including the TDLE South Federal Way Station parking improvements to 2038. The action also included identifying opportunities to deliver flexible, innovative, and affordable ways for people to access transit stations. The impacts of deferred parking and associated mitigation measures will be evaluated in the TDLE DEIS. Is the intent that the standard for minimum 500 parking spaces "generally structured"/maximum 10% surface parking in the proposed code amendment be met on station opening day of service? If so, this will be in conflict with the Board of Director's August 5th action and could impede overall timely project delivery. • The proposed Federal Way Revised Code (FWRC) Sections 19.225.105 Note 13 and 19.240.135 Note 13 address the potential for parking reductions from the minimum 500 parking spaces for "light rail..." How will the proposed code amendment affect, if at all, the processes available for evaluating potential deviations related to timing (phasing of parking), type of parking (structured vs. surface), and footprint of parking (variable per circulation needs, TOD integration opportunities, etc.)? We note that the SEPA Environmental Checklist in most cases states that this amendment is a non -project action and that specific impacts will be evaluated at the project level. However, there are some exceptions within some elements (e.g. regarding structure removal and displacement of people), and we wonder if this is intentional and the reason a distinction is made. We appreciate the opportunity to comment on the SEPA DNS and Environmental Checklist and look forward to learning more about the proposed code amendment and to future collaboration on permit streamlining. Sound Transit staff will follow up with City staff in the near -term to continue our coordination effort. Sincerely, Digitally signed by Karen Kitsis Karen Kitsis Date: 2021.09. 1013:40:59 - Karen Kitsis Deputy Executive Director, Office of Capital Project Development cc: Brian Davis, Director of Community Development/SEPA Official, City of Federal Way Ryan Medlen, Sound Transit Liaison, City of Federal Way Elma Borbe, Senior Environmental Planner, Sound Transit Eric Chipps, Senior Transportation Planner, Sound Transit Kimberly Farley, Chief Systems Officer, Sound Transit Kent Hale, Deputy Director — Environmental Planning, Sound Transit Curvie Hawkins, Project Development Director — TDLE/OMF South, Sound Transit Chelsea Levy, HCT Development Director — South Corridor, Sound Transit Gwen McCullough, HCT Development Manager — OMF South, Sound Transit Perry Weinberg, Deputy Executive Director — Environmental Affairs & Sustainability, Sound Transit Gary Yao, Senior Current Planner, Sound Transit Central Puget Sound Regional Transit Authority • Union Station 401 S. Jackson St., Seattle, WA 98104-2626 • Reception: (206) 398-5000 • FAX: (206) 398-5499 www.soundtransit.org EX IT un OF Federal Way Cen toned on Opportunity COMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-7000 www. citvofiede ral way. corn Jim Ferrell, Mayor September 22, 2021 Karen Kitsis Deputy Executive Director Sound Transit: Office of Capital Project Development Central Puget Sound Regional Transit Authority Union Station 401 S. Jackson St., Seattle, WA 98104-2826 Subject: Public Transportation Facilities Code Amendment SEPA DNS Comments (File No. 21-103530-SE) Dear Mrs. Kitsis: Thank you for the comments dated September 10, 2021 provided on the city's SEPA Determination of Non -Significance (DNS) and the related Environmental Checklist for the proposed code amendments allowing public transportation facilities in the City Center Core (CC-C) and Commercial Enterprise (CE) zones. Allow the following to represent responses to those comments. • Sound Transit supports the collaborative and proactive effort to streamline permitting by specifying "light rail or commuter rail transit facility" uses as permitted uses in the CC-C and CE zones and clarifying what development standards are applicable to such uses. Response: Noted. • Would all portions of the TDLE and/or OMF South project in the CC-C and CE zones be affected by the proposed code amendment? Response: No, only those facilities that directly serve patrons of the transit system would be affected. Staff have included claming language in the proposed code to address this ambiguity. • Would portions of the TDLE and/or OMF South project outside of the CC-C and CE zones be affected at all by the proposed code amendment? Response: No. These proposed amendments are limited to station areas within the CC-C and CE zones. • The proposed definition of "light rail or commuter rail transit facility" is comprehensive. To avoid confusion over applicability of the proposed development standards in the Use Zone Chart, we suggest clarifying that the minimum parking requirements apply only to those transit facilities open to the public and serving transit patrons. Response: The City agrees with this comment and has included language to clam the intent that the new code language apply only to facilities serving transit patrons. • On August 5, 2021, the Sound Transit Board of Directors took action to realign the capital expansion program with a plan that allows the agency to manage the $6.5 billion affordability gap while working to deliver as much of the plan as soon as possible. Part of this action was to delay the delivery and opening of Sound Transit parking projects in the region, including the TDLE South Federal Way Station parking improvements to 2038. The action also included identifying opportunities to deliver flexible, innovative, and affordable ways for people to access transit stations. The impacts of deferred parking and associated mitigation measures will be evaluated in the TDLE DEIS. Is the intent that the standard for minimum 500 parking spaces "generally structured"/maximum 10% surface parking in the proposed code amendment be met on station opening day of service? If so, this will be in conflict with the Board of Director's August 5th action and could impede overall timely project delivery. Response: The proposed code language does not identify provisions for phasing. The intent of the proposed code is that any transit station serving the public have sufficient parking to serve those patrons upon start of service. There are provisions within the code to allow a proposal for a reduction in the required amount of parking; or, by providing the equivalent parking through other means. This is to avoid negative externalities to the surroundingproperties. The proposed Federal Way Revised Code (FWRC) Sections 19.225.105 Note 13 and 19.240.135 Note 13 address the potential for parking reductions from the minimum 500 parking spaces for "light rail..." How will the proposed code amendment affect, if at all, the processes available for evaluating potential deviations related to timing (phasing of parking), type of parking (structured vs. surface), and footprint of parking (variable per circulation needs, TOD integration opportunities, etc.)? Response: The timing or phasing, type and footprint ofparking, would be evaluated with each project proposal during the typical city permitting process, and/or as more specifically agreed upon as part of a development agreement. • We note that the SEPA Environmental Checklist in most cases states that this amendment is a non -project action and that specific impacts will be evaluated at the project level. However, there are some exceptions within some elements (e.g. regarding structure removal and displacement of people), and we wonder if this is intentional and the reason a distinction is made. We are simply acknowledging the possibility that with any project there may be the need to remove existing homes or structures, and the possibility of displacing anyone who may reside there. I hope you find these responses helpful. If you would like to discuss them further; or, if you have additional questions, please do not hesitate to let me know. Sincerely, James Rogers Senior Planner Cc (sent via email): Brian Davis, Director of Community Development/SEPA Official, City of Federal Way Ryan Medlen, Sound Transit Liaison, City of Federal Way Elma Borbe, Senior Environmental Planner, Sound Transit Eric Chipps, Senior Transportation Planner, Sound Transit Kimberly Farley, Chief Systems Officer, Sound Transit Kent Hale, Deputy Director — Environmental Planning, Sound Transit Curvie Hawkins, Project Development Director — TDLE/OMF South, Sound Transit Chelsea Levy, HCT Development Director — South Corridor, Sound Transit Gwen McCullough, HCT Development Manager — OMF South, Sound Transit Perry Weinberg, Deputy Executive Director — Environmental rt COUNCIL MEETING DATE: October 19, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE TO ADOPT 2021 KCSWDM POLICY QUESTION: Should City Council approve the proposed Ordinance to adopt the 2021 King County Surface Water Design Manual (KCSWDM)? COMMITTEE: Land Use and Transportation MEETING DATE: October 4, 2021 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cole Elliott P.E., Development Services Manager DEPT: Public Works Attachments: 1. Staff Report 2. Ordinance 3.2021 KCSWDM Addendum Options Considered: 1. Approve the proposed ordinance. 2. Do not approve the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: .t2zl Zpt Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed Ordinance to the October 19, 2021 agenda for first reading. " �) o,G Zoocvn Qk0` Z000n _ \j�'o' D0rv) Greg Baruso, Committee Chair Hoang V. Tran, Committee Martin Moore, Committee Member Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (OCTOBER 19, 2021): "I move to forward the proposed ordinance to the November 3, 2021 Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (NOVEMBER 3, 2021): "I move approval of the proposed ordinance. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 24, 2021 TO: City Council VIA: Jim Ferrell, Mayor FROM: EJ Watsh, P.E., Public Works Director` ,C-1-� Cole Elliott, P.E. Development Services Manager SUBJECT: Ordinance to Adopt 2021 King County Surface Water Design Manual KCSWDM FINANCIAL IMPACTS: There are no financial impacts. BACKGROUND INFORMATION: The City of Federal Way was issued our current Phase II National Pollution Discharge Elimination System (NPDES) Permit on July 1, 2019. As a requirement of the permit the City has three options for adopting an approved Stormwater Manual: • Adopt the State of Washington (Ecology) manual, • Adopt a Phase I Permit holder (King County) manual, • Create our own. Currently the City has adopted the 2016 KCSWDM. On July 23, 2021, King County released an update to their stormwater manual. As a Phase II permit holder, the City must adopt the 2021 King County Surface Water Design Manual by December 31, 2021. The King County manual update responds to comments from Ecology on the King County NPDES permit and brings the KCSWDM into compliance with the Ecology manual. Changes are updates due to research, studies, and best available treatments since the last manual was adopted. As part of the Ordinance, the City is also updating the City of Federal Way Revised Code Chapter 16. Chapter 16 revisions reflect code updates not included in the previous adoption and revisions required to match the 2021 KCSWDM. The City of Federal Way Addendum to the KCSWDM reflects definition changes, Code changes, and reference materials updated in the 2021 manual. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to National Pollutant Discharge Elimination System Phase II Permit Requirements; amending FWRC 16.20.010 and 16.25.010 (Amending Ordinance Nos. 99-352, 09-630,16-828). WHEREAS, the Washington State Department of Ecology issued the Western Washington Phase II Municipal Stormwater Permit ("NPDES Permit") on July 1, 2019 pursuant to the requirements of the Federal Clean Water Act ("CWA") —National Pollutant Discharge Elimination System ("NPDES"); and WHEREAS, the NPDES Permit requires affected cities and counties, such as the City of Federal Way ("City"), to adopt Storm Water Design Requirements consistent with the terms of the NPDES permit; and WHEREAS, the NPDES Permit requires the City to adopt a Stormwater Manual, which may be either the State of Washington (Department of Ecology) manual, a Phase I Permit holder (King County) manual, or a manual created by the City; and WHEREAS, currently the City has adopted the 2016 King County, Washington Surface Water Design Manual ("KCSWDM"); and WHEREAS, on July 23, 2021, King County released an update to the KCSWDM; and WHEREAS, as a Phase II permit holder, the City must adopt the updated KCSWDM by December 31, 2021; and WHEREAS, the proposed regulatory code amendments will serve to better protect the City's natural water resources in terms of both water quality and water quantity; and Ordinance No. 21- Page 1 of 8 WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to modify the regulatory code to meet the NPDES Permit requirements and that amending this section is consistent with the applicable provisions of the comprehensive plan; and is in the best interest of the residents of the City; and WHEREAS, the City Council desires to adopt the 2021 Federal Way Addendum to the King County, Washington Surface Water Design Manual, which is attached and incorporated by this reference. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 16.20.010 is hereby amended to read as follows: 16.20.010 Manuals and addendum adopted. The 29 6 current version of the King County, Washington Surface Water Design Manual (KCSWDM), the current accompanying version of the 204-6-Federal Way Addendum to the King County, Washington Surface Water Design Manual, the King County Stormwater Pollution Prevention Manual, and the latest edition of the LID Technical Guidance Manual for Puget Sound, as they exist on the effective date of the ordinance codified in this chapter or as hereafter amended, are hereby adopted by this reference. They are referred to in this title respectively as the KCSWDM, Federal Way Addendum, the KCSPPM and the LID Manual. Section 2. FWRC 16.25.010 is hereby amended to read as follows: 16.25.010 Core and special requirements. Depending on the type of drainage review required, as described in FWRC 16.25.020, one or more core or special requirements shall be met. The core and special requirements, described below, are Ordinance No. 21- Page 2 of 8 also described in detail in the KCSWDM and Federal Way Addendum adopted by reference in FWRC 16.20.010. (1) Core requirements. (a) Core Requirement #1— Discharge at the Natural Location. All surface and stormwater runoff from a project must be discharged at the natural location so as not to be diverted onto or away from downstream properties. The manner in which runoff is discharged from the project site must not create a significant adverse impact to downhill properties or drainage systems. (b) Core Requirement #2 — Off -Site Analysis. All proposed projects must submit an off -site analysis report that assesses potential off -site drainage impacts associated with development of the project site and proposes appropriate mitigations of those impacts. The initial permit submittal shall meet the requirements outlined in the KCSWDM and the Federal Way Addendum. (c) Core Requirement #3 —Flow Control. All proposed projects, including redevelopment projects, must provide on -site flow control facilities to mitigate the impacts of increased storm and surface water runoff generated by the addition of new impervious surface, new pervious surface and replacement impervious surfaces. These facilities shall, at a minimum, meet the performance criteria for one of the area -specific flow control standards and be implemented according to the applicable flow control implementation requirements described in the KCSWDM. Flow control BMPs must be provided as directed in the KCSWDM. (d) Core Requirement 44 — Conveyance System. All engineered conveyance system elements for proposed projects must be analyzed, designed, and constructed to provide a minimum level of Ordinance No. 21- Page 3 of 8 protection against overtopping, flooding, erosion, and structural failure as specified in the KCSWDM. (e) Core Requirement #5 — Erosion and Sediment Control. All proposed projects that will clear, grade, or otherwise disturb the site must provide erosion and sediment controls to prevent, to the maximum extent possible, the transport of sediment from the project site to downstream drainage facilities, water resources, and adjacent properties. To prevent sediment transport, erosion and sediment control (ESC) measures that are appropriate to the project site must be applied and performed as described in the KCSWDM. Both temporary and permanent erosion and sediment controls shall be implemented as described in the KCSWDM. (f) Core Requirement #6 — Maintenance and Operations. Maintenance and operation of all drainage facilities is the responsibility of the applicant or property owner, except those facilities for which Federal Way is granted an easement, tract, or right-of-way and officially assumes maintenance and operation as described in the KCSWDM. Drainage facilities must be maintained and operated in compliance with Federal Way maintenance standards. (g) Core Requirement 47 —Financial Guarantees and Liability. All drainage facilities constructed or modified for projects (except downspout infiltration and dispersion systems), and any work performed in the right-of-way, must comply with the financial guarantee requirements in FWRC Title 19. (h) Core Requirement #8 — Water Quality. All proposed projects, including redevelopment projects, must provide water quality (WQ) facilities to treat the runoff from new and/or replaced pollution -generating impervious surfaces and pollution -generating pervious surfaces. Ordinance No. 2 1 - Page 4 of 8 Redevelopment projects may also be required to provide WQ facilities to treat existing pollution - generating impervious surfaces. WQ facilities shall be selected and implemented according to the KCSWDM. (i) Core Requirement 49 —Flow Control BMPs. Ali proposed projects, including redevelopment projects, must provide onsite flow control BMPs to mitigate the impacts of storm and surface water runoff enerated by new impervious surface new pervious surface existing impervious surfaces, and replaced impervious surface targeted for mitigation asspecified in the following sections. Flow control BMPs must be selected and applied according to the KCSWDM. (2) Special requirements. (a) Special Requirement 41 — Other Adopted Area -Specific Requirements. King County has developed several types of area -specific plans and regulations that contain requirements for drainage design. These regulations include critical drainage areas, master drainage plans, basin plans, lake management plans, and shared facility drainage plans. In some cases, these plans and regulations could overlap with the city of Federal Way's jurisdictional area. The Hylebos Creek and Lower Puget Sound Basin Plan is the only one of these area -specific regulations that currently affects Federal Way. King County developed this basin plan which recommends specific land uses, regional capital projects, and special drainage requirements for future development within the Hylebos and lower Puget Sound basin. The drainage requirements of adopted area -specific regulations such as basin plans shall be applied in addition to the drainage requirements of the KCSWDM and Federal Way Addendum unless otherwise specified in the adopted regulation. Where conflicts occur between the two, the Ordinance No. 21- Page 5 of 8 drainage requirements of the adopted area -specific regulation shall supersede those in the KCSWDM and Federal Way Addendum. (b) Special Requirement #2 — Floodplain/Floodway Delineation. Floodplains and floodways are subject to inundation during extreme events. The 100-year floodplains are delineated in order to minimize flooding impacts to new development and to prevent aggravation of existing flooding problems by new development. Regulations and restrictions concerning development within a 100-year floodplain are found in Federal Way's environmentally sensitive areas and flood hazard regulations. If an approved flood hazard study exists, then it may be used as the basis for delineating the floodplain and floodway boundaries provided the study was prepared in a manner consistent with the KCSWDM and other Federal Way flood hazard regulations. If an approved flood hazard study does not exist, then one shall be prepared based on the requirements described in Chapter 4.4.2 of the KCSWDM, "Floodplain/Floodway Analysis." (c) Special Requirement 43 — Flood Protection Facilities. Developing sites protected by levees, revetments, or berms requires a high level of confidence in their structural integrity and performance. Proper analysis, design, and construction is necessary to protect against the potentially catastrophic consequences if such facilities should fail. The applicant is required to demonstrate conformance with FEMA regulations using the methods specified in Chapter 4.4.2 of the KCSWDM. In addition, certain easement requirements (outlined in Chapter 4.1 of the KCSWDM) must be met in order to allow city access for maintenance of the facility. Ordinance No. 21- Page 6 of 8 (d) Special Requirement #4 — Source Control. Water quality source controls, many of which are listed in the KCSPPM and the LID Manual, prevent rainfall and runoff water from coming into contact with pollutants, thereby reducing the likelihood that pollutants will enter public waterways and violate water quality standards. When applicable, structural source control measures, such as car wash pads or dumpster area roofing, shall be shown on the site improvement plans submitted for engineering review and approval. Other nonstructural source control measures, such as covering storage piles with plastic or isolating areas where pollutants are used or stored, are to be implemented after occupancy and need not be addressed during the plan review process. All commercial and industrial projects (irrespective of size) undergoing drainage review are required to implement applicable source controls. (e) Special Requirement #S — Oil Control. Projects proposing to develop or redevelop ahigh-use site must provide oil controls in addition to any other water quality controls required by this manual. Such sites typically generate high concentrations of oil due to high traffic turnover or the frequent transfer of oil. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. 21- Page 7 of 8 Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 ATTEST: CITY OF FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 21- Page 8 of 8 4% CIT V::� Federal Way Addendum to The King County Surface Water Design Manual Effective Date January XX 2022 Introduction This addendum to the 2021 King County, Washington Surface Water Design Manual (KCSWDM) applies to development and re -development proposals within the City of Federal Way. The KCSWDM has been adopted to meet the requirements of the Clean Water Act, the Endangered Species Act, Washington State Growth Management Act, and the City of Federal Way's (City) National Pollutant Discharge Elimination System (NPDES) Permit. This addendum includes minor revisions to the KCSWDM to address the differences between King County's and the City's organization and processes. In order to maintain equivalency in review requirements and level of protection provided by the KCSWDM, no major substantive changes have been made to the manual. Addendum Organization The information presented in this addendum is organized as follows: Section 1: Terminology: At times King County and the City of Federal Way use different terminology to describe, or to refer to, equivalent subject matter. This section identifies these terms and the City of Federal Way's equivalent terminology. Section 2: Key Revisions: This section specifically identifies the modifications the City has made to the KCSWDM. Section 3: Code Reference Tables: King County code is referenced in many places throughout the KCSWDM. This section identifies these code references and equivalent City Code where applicable. Section 4: Reference Materials: This section identifies which reference materials provided in the KCSWDM are applicable and which are not. It also identifies if equivalent City of Federal Way reference materials are available. Section 5: Mapping: City of Federal Way equivalents to the Flow Control Applications Map and the Water Quality Applications Map are included in this section. The City's equivalent to the County Landslide Hazard Drainage Areas Map is the City Sensitive/Critical Areas Map available from the Community Development Planning Division. Note: Clarifications and interpretations to the KCSWDM or this addendum will be documented and made available through policy statements within the City's Development Standards. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 1 of 23 Section l: Terminology: At times King County and City of Federal Way use different terminology to describe or to refer to equivalent subject matter. This section identifies these terms and the City of Federal Way's equivalent terminology. Critical Drainage Areas (CDA's) - City of Federal Way (CFW) code has no equivalent term or designation. Additional requirements to those outlined in the KCSWDM, if any, will be determined based on information provided in the Technical Information Report for an individual project by the Public Works Director or their designee. Department of Local Services, Permitting Division (DLS-Permitting) = City of Federal Way Public Works Department. Department of Natural Resources and Parks (DNRP) = Not applicable, No CFW equivalent. Director = City of Federal Way Public Works Director. Drainage facilities restoration and site stabilization guarantee and drainage defect and maintenance guarantee = CFW Performance/Maintenance Bond. King County = City of Federal Way (CFW). King County Code (KCC) = Federal Way Revised Code (FWRC). Check code reference table for equivalent code sections. King County Designated/Identified Water Quality Problem - This determination is made based on review of historic problems at the subject site by the Public Works Director. King County Road Standards = City of Federal Way Development Standards Manual. Master Drainage Planning - Not applicable, no CFW equivalent. Redevelopment (FWRC 16.05.180) See Federal Way Revised Code, Section 16.05.180 for the purpose of determining water quality review requirements. For the purposes of determining flow control and other stormwater review requirements, the definition of "redevelopment project" identified in the KCSWDM applies. Sensitive Area Folio = Sensitive/Critical Areas Map available from the Community Development Planning Division. Urban Planned Development = Not applicable, no CFW equivalent. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 2 of 23 Water and Land Resources (WLR) Division = City of Federal Way Surface Water Management Division. Zoning Classifications: Where the KCSWDM references Agricultural (A) Zoning, Forest (F) Zoning, or Rural (R) Zoning - These zoning classifications are intended for areas outside of the Urban Growth Boundary, therefore the City of Federal Way contains no equivalent zoning. Refer to city zoning maps to determine which zoning classification applies to the subject property. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 3 of 23 Section 2: Ivey Revisions: This section includes minor revisions to the KCSWDM to address the differences between King County's and the City's organization and processes, as well as to ensure equivalency. Chapter 1: Drainage Review and Requirements The following steps replace Section 1.1.1 of the KCSWDM: Section 1.1.1 Projects Requiring Drainage Review Introduction The following steps shall be used instead of Section 1.1.1 of the KCSWDM to determine drainage review requirements within the City of Federal Way. This process has been modified to meet the City of Federal Way water quality review requirements and thresholds for redevelopment identified in Federal Way Revised Code (FWRC) 19.30.120, Nonconforming water quality improvements. Determining Drainage Review Requirements: Step 1 Is the project or proposed activity subject to City Code Title 16 (Surface Water Management) pursuant to FWRC 16.15.010? 16.15.010 Regulated activities. The following projects or activities are subject to the provisions of this title, unless exempted in FWRC 16.15.020: (1) Single-family residential; or (2) Projects that add 2, 000 square feet or more of new impervious surface, replaced impervious surface or new plus replaced impervious surface; or (3) Projects that propose 7, 000 square feet or more of land disturbing activity; or (4) Projects that propose to construct or modify a drainage pipe/ditch that is 12 inches or more in size/depth, or receives surface and stormwater runoff from a drainage pipe/ditch that is 12 inches or more in size/depth; or (5) Collection and concentration of surface and stormwater runoff from a drainage area of more than 5, 000 square feet; or (6) Projects which contain, are adjacent to or directly discharge to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area, or a receiving water with a documented water quality problem as determined by the Public Works Director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; or (7) Projects that involve a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s)" means a pollutant that was not discharged at that City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 4 of 23 location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; (8) Projects other than normal maintenance or other than tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement; or (9) Project proposing $100, 000 or more of improvements to an existing high use site. [Note: the dollar amount indicated can be adjusted based on the consumer price index as identified in the KCSWDM in section 1.1.1.] Redevelopment projects that are subject to water quality improvements may phase construction of the improvements as described in FWRC 19.30.120, Non -conforming water quality. Step 2 Projects Subject to Title 16 Projects subject to Title 16 (Surface Water Management) shall determine water quality and stormwater review requirements using Sections 1.1. LA (Step 3) and 1.1. LB (Step 4) of this addendum. Projects Not Subject to Title 16 Projects not subject to Title 16 (Surface Water Management) may still be subject to clearing and grading review requirements pursuant to International Building Code (IBC) Appendix J and FWRC 19.120. Projects which are subject to clearing and grading permit requirements, but do not meet the thresholds identified in 1.1.LB, are subject to the Erosion and Sedimentation Control (ESC) requirements and BMPs of Core Requirement #5 and C.1.4 of the KCSWDM as applicable. Specific ESC requirements shall be determined on a project by project basis during clearing and grading review. Those projects exempt from clearing and grading permit requirements, although not required to be reviewed, are still responsible for implementing Erosion and Sedimentation Control (ESC) measures to maintain a stable site and mitigate offsite impacts. Step 3 1.1.1.A PROJECTS REQUIRING WATER QUALITY REVIEW Water Quality Review (Core Requirement #8) is required for any proposed project (except those proposing only maintenance) that is subject to a City of Federal Way development permit or approval, AND that meets any one of the following conditions: New Development 1. The project adds or will result in 2,000 square feet or more of new impervious surface; OR City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 5 of 23 2. The project proposes 7,000 square feet or more of land disturbing activity; OR 3. The project proposes to construct or modify a drainage pipe/ditch that is 12 inches or more in size/depth, or receives surface and stormwater runoff from a drainage pipe/ditch that is 12 inches or more in size/depth; OR 4. The project contains or is adjacent to "frequently flooded areas" or "special flood hazards" as defined in FWRC 14.05 and 19.142.050; OR 5. The project is located within a Critical Drainage Area, OR Redevelopment 1 (meeting the definition identified in FWRC 19.30.120) 6. Redevelopment which involves the creation or addition of impervious surfaces having an area of 5,000 square feet or more; OR 7. Redevelopment which involves the construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more; OR 8. Redevelopment which involves the repair or replacement of 5,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity; OR 9. Redevelopment which involves the collection and/or concentration of surface and/or stormwater runoff from a drainage area of 5,000 square feet or more; OR 10. Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area determined by the Public Works Director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the Public Works Director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; 11. Redevelopment which involves a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s)" means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; "Redevelopment" means a project that proposes to add, replace, or modify impervious surface (for purposes other than a residential subdivision or maintenance) on a site that is already substantially developed in a manner consistent with its current zoning, or with a legal nonconforming use, or has an existing impervious surface coverage of 35 percent or more. Water quality for the entire subject property must be brought into compliance with FWRC Title 16, where the proposed redevelopment meets or exceeds the thresholds set forth, and shall be done in accordance with the approved King County, Washington Surface Water Design Manual or equivalent, as amended. FWRC 19.30.120) City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 6 of 23 12. Redevelopment, other than normal maintenance or other than the tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement being redeveloped. The applicant may provide an appraisal of the improvement. The appraisal must be from a source acceptable to the City. The Public Works Director may require the applicant to provide an appraisal from a second source acceptable to the City if the assessed valuation appears to be inaccurate or inappropriate. If more than one appraisal is provided by the applicant or required by the City, the greater of the two amounts shall be used. For purposes of determining value under this section, improvements required pursuant to FWRC 19.30.090 (nonconforming development), FWRC 19.30.110 (street/sidewalk improvements), this section (nonconforming water quality improvements) and FWRC 19.135.030 (street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection; 13. Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem, as determined by the Public Works Director based on a map, plan, water quality monitoring data or a written policy in existence or implemented by the Public Works Director prior to submission of a redevelopment application determined to trigger application of this subsection, where the Public Works Director determines that the redevelopment requires additional specific controls to address the documented water quality problem. Water Quality Review for "Redevelopment" Projects meeting the "redevelopment" definition and thresholds identified in this section are subject to Core Requirement #8 for the entire site 2 pursuant to the city's Nonconformance code (FWRC 19.30.120). Please note that application of Core Requirement #8 differs between redevelopment and new development as indicated in Section 1.2.8 of this addendum. Step 4 1.1.1.B PROJECTS REQUIRING STORMWATER REVIEW Stormwater Review is required for any proposed project (except those proposing only maintenance) that is subject to a City of Federal Way development permit or approval, AND that meets any one of the following conditions (see Figure 1.1. LB for flow chart): 1. The project adds or will result in 2,000 square feet or more of new impervious surface, replaced impervious surface, or new plus replaced impervious surface; OR Site (a.k.a. development site) means a single parcel as established by the King County Department of Assessments, or two or more contiguous parcels that are under common ownership or documented legal control, used as a single parcel for purposes of applying for authority from King County to carry out a development/project proposal. For projects located primarily within dedicated rights -of -way, site includes the entire width of right-of-way within the total length of right-of-way subject to improvements proposed by the project. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 7 of 23 2. The project proposes 7,000 square feet or more of land disturbing activity; OR 3. The project proposes to construct or modify a drainage pipe/ditch that is 12 inches or more in size/depth, or receives surface and stormwater runoff from a drainage pipe/ditch that is 12 inches or more in size/depth; OR 4. The project contains or is adjacent to "frequently flooded areas" or "special flood hazards" as defined in FWRC 14.05.030 and 19.142.050; OR 5. The project is located within a Critical Drainage Area; OR 6. The project is a redevelopment project 3 proposing $100,0004 or more of improvements to an existing high -use site; OR 7. The project is a redevelopment project on a single- or multiple -parcel site in which the total of new plus replaced impervious surface is 5,000 square feet or more and whose valuation of proposed improvements (including interior improvements and excluding required mitigation and frontage improvements) exceeds 50% of the assessed value of the existing site improvements. If stormwater review is required for the proposed project, the type of review must be determined based on project and site characteristics as described in Section 1.1.2 of the KCSWDM. s For the purposes of this section "Redevelopment project" means a project that proposes to add, replace, or modify impervious surfaces for purposes other than a residential subdivision or maintenance on a site that is already substantially developed in a manner consistent with its current zoning or with a legal non -conforming use, or has an existing impervious surface coverage of 35% or more. The following examples illustrate the application of this definition. (KCSWDM Chpt. 1) 4 This is the "project valuation" as declared on the submitted permit application. The dollar amount of this threshold is considered to be as of January 8, 2001 and may be adjusted on an annual basis using the local consumer price index (CPI). Note: January 8, 2001 is the effective date of the ESA 4(d) Rule for Puget Sound Chinook salmon. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 8 of 23 FIGURE 1.1.1.13 Stormwater Review Flow Chart Project or Activity Stormwater Review Does the project meet the definition of a "redevelopment project" as defined in the KCSWDM? Yes Does the project meet thresholds #s 6 - 7 in Section 1.1.1.13 of this addendum? PR Stormwater Review Required See Section 1.1.2 of KCSWDM for specific requirements i No No No No Stormwater Review Required Does the project meet thresholds #s 1 - 5 in Section 1.1.1.E of this addendum? Stormwater Review Required See Section 1.1.2 of KCSWDM for specific requirements * The requirement to complete a stormwater review is separate from the requirements to conform to the Water Quality Review (1.1. LA). If water quality is triggered, but a stormwater review is not, the applicant is still required to conform to the Water Quality requirements. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 9 of 23 The following items amend the identified sections of the KCSWDM: 1.1.3 Drainage Review Required by Other Agencies In addition to the Muckleshoot Indian Tribe, CFW is required to notify the Puyallup Indian Tribe. The City of Federal Way administers its own Forest Practices Class IV -General Permits. The City of Federal Way does not administer Class IV -Special Forest Practices Permits. 1.2.5 Core Requirement #5 Projects subject to clearing and grading permit requirements, but which do not meet the thresholds identified in 1.1.1.B, are subject to the ESC requirements and BMPs of Core Requirement #5 and C.1.4 of the KCSWDM as applicable. Specific ESC requirements shall be determined on a project by project basis during clearing and grading review. Those projects exempt from clearing and grading permit requirements, although not required to be reviewed, are still responsible for implementing Erosion and Sedimentation Control (ESC) measures to maintain a stable site and mitigate offsite impacts 1.2.5.3 (F) - City of Federal Way does not assume lead agency status for Class IV Special Forest Practices Permits 1.2.6 Drainage Facilities to be Maintained by City of Federal Way - See FWRC 16.35.010. 1.2.8 Core Requirement #8 Water Quality — Guide to Applying Core Requirement #8 1. Redevelopment a. When water quality improvements are required, the entire site must be brought up to current water quality standards for all pollution -generating impervious surfaces (PGIS). i. This includes all (PGIS) regardless of when they were created, including impervious surfaces created before 2001. ii. Any applicable additional provisions in KCSWDM 1.2.8.1(B & C) - Target Surfaces, also apply. b. See KCSWDM for pervious surface requirements. c. Exemptions identified in 1.2.8 of the KCSWDM do not apply to redevelopment. 2. New Development a. See KCSWDM for both impervious and pervious surface requirements The following item replaces the identified section of the KCSWDM: 1.4 Adjustment Process - See FWRC Section 16.30.020 through 16.30.070. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 10 of 23 Chapter 2: Drainage Plan Submittal The following items amend the identified sections of the KCSWDM: 2.3.1.1 TIR Section 3, Scope of Analysis: Task 2. Resource Review - Maps of the City's sensitive areas, drainage basins, streams, topography, zoning, survey control points, Flow Control Applications, Water Quality Applications, and more are available on the City's website at www.cityoffederalway.com, through the City's Public Works Development Services Division and through the City's Community Development Planning Division. For information on existing drainage complaints and conditions within the city, as -built drawings, and Technical Information Reports, please contact the Surface Water Management Engineering Technician at 253.835.2754. 2.3.1.2. Site Improvement Plan Vertical Datum - KCAS or NGVD-29. General Plan Format - Refer to City of Federal Way Development Standards Manual, Construction Checklist. Plan Sheet Size — Is no longer relevant the City of Federal Way now only accepts electronic submittal (Blue Beam, AutoCad or PDF). Drawing Scale - Refer to City of Federal Way Development Standards Manual. 2.4.2 Final Corrected Plan Submittal Engineering Plan Review - Upon completion of the engineering review process, the final engineering plans shall be provided for Public Works Department approval and signature. As -built Drawings - As -built drawings are required at the conclusion of the project, prior to release of the performance bond. All as -built drawings shall be prepared by a land surveyor licensed in the State of Washington and shall conform to all state and local statutes. See Development Standards Manual, As -built Review Checklist, for details. Chapter 3: A drolo 'c Analysis & Desigg The following items amend the identified sections of the KCSWDM: 3.1.2 Low Impact Development (LID) Performance Standard — Low Impact Development is the required approach to site development and all permitted projects must demonstrate compliance with the LID Performance Standard as outlined in Section 1.2.9.4. If infiltration is proposed, testing must be completed as outlined in the Manual. For all projects less than 5 acres, the pre-engineered BMPs in Appendix #C of the KCSWDM may be used instead of modeling. In the event that LID BMPs cannot be utilized for a specific site given site limitations, the applicant may demonstrate why the BMPs within Appendix #C are not suitable, for either the whole or a part of the site, the City may then allow use of non -LID BMP infrastructure to meet the Core Requirements. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 11 of 23 1.2.9.1.11 & 3.1.2 Where the LID Standard is Required — The Low Impact Development Standard outlined in Section 1.2.9. LB is required for all projects where permits are required in accordance with the amended Section 3.1.2. Chanter 6: Water Quality Design The following item amends the identified sections of the KCSWDM: 6.7.2 King County Requirements — The City of Federal Way accepts proprietary water quality facilities that have been granted General Use Level Designation (GULD) approval for Enhanced Basic treatment by the Washington State Department of Ecology (WADOE). This only applies to facilities that are to be privately owned and maintained. For facilities that are to be dedicated to the City, the applicant is required to apply for an adjustment as outlined in FWRC Section 16.30. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 12 of 23 Section 3: Code Reference Table: King County Code is referenced in many places throughout the KCSWDM. The following table identifies these code references and equivalent city code where applicable: King County Code to Federal Way Revised Code (FWRC) Reference Table King County Code FWRC Reference Subject of Reference Equivalent Comment KCC 2.98 Adoption Procedures 16.05.290 Critical Drainage Areas, adoption KCC 2.98 procedures Not applicable Surface Water, Stormwater and CFW does not have a groundwater Title 9 Groundwater Management Title 16 protection management program Surface Water Run-off Policy: KCC 9.04 Variances 1 16.30 See Adjustments Definitions: Targeted Drainage KCC 9.04.030 Review / abbreviated evaluation 16.25.020 See Drainage Review KCC 9.04.030 Drainage Review 16.25.020 KCC 9.04.030 Large Project Drainage Review 16.25.020 KCC 9.04.050 Draina e Review - Requirements 16.25.020 Engineering plans for the purposes See Development KCC 9.04.070 of drainage review Standards Construction timing and final See Development KCC 9.04.090 approval Standards KCC 9.04.100 Liability Insurance Required 16.25.030 Drainage facilities accepted by King KCC 9.04.115 County for maintenance 16.35 Drainage facilities not accepted by KCC 9.04.120 King County for maintenance 16.35 KCC 9.12 Water Quality 16.20 & 16.45 Water Quality: Prohibited KCC 9.12.025 discharges 16.50.020 Water Quality: Stormwater Pollution Prevention Manual KCC 9.12 Adoption 16.20.10 KCC 9.04 & 16.82 Erosion and Sediment Control 16.25.10.Le Clearing and Grading Code: Bridge The City follows WSDOT and KCC 16.82 Design No Equivalent King County Standards City of Federal Way uses both Clearing and Grading Code: Chapter 19.120 and Appendix J of KCC 16.82 Clearing Limit 19.120 the International Building Code. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 13 of 25 King County Code to Federal Way Revised Code(FWRC) Reference Table King County Code Reference Subject of Reference FWRC Equivalent Comment Erosion and sediment control The City follows the King KCC standards: Seasonal limitation County standards manuals per 16.82.095(A) period No Equivalent Code Section 16.20.010 The City follows the King KCC Grading Standards: Preservation County standards manuals per 16.82.100(F) of Duff Layer No Equivalent Code Section 16.20.010 The City follows the King KCC Grading Standards: Soil County standards manuals per 16.82.100(G) Amendments No Equivalent Code Section 16.20.010 Clearing standards for individual FWRC does not contain rural KCC 16.82.150 lots in the rural zone Not applicable zonina classification KCC 20.20 Land Use Review Procedures Title 19 This KCC section has multiple references to other KCC Sections regarding Critical Aquifer KCC 21A.244 Critical Aquifer Recharge Area 19.145.450 Recharge Areas KCC 21A.24 Critical Areas Requirements 19.145 The requirements vary by Zoning KCC On -site recreation - space District. Refer to the applicable 21 A.14.180 required Title 19 District. Critical Areas Code: 100 year KCC 21A.24 floodplain 19.142 KCC Critical Areas Code: Building 21A.24.200 Setbacks 19.145 The City follows the King KCC Critical Areas Code: Channel County standards manuals per 21A.24.275 Migration Zone No Equivalent Code Section 16.20.010 Critical Areas Code: Definition: KCC 21A.06 Stream 19.05.190 Critical Areas Code: Definition KCC 21A.24 Wetlands 19.05.230 Critical Areas Code: Fish Passage KCC 21A.24 Requirements 19.145.390 Critical Areas Code: Flood KCC 21A.24 Hazard Area Re lations 19.142 Critical Areas Code: KCC 21A.24 Floodplain/Floodway Delineation 19.142.160 King County Code to Federal Way Revised Code (FWRC) Reference Table City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 14 of 23 King County Code Reference Subject of Reference FWRC E uivalent Comment Critical Areas Code: Floodplain KCC 21A.24 Data 19.142.050 Critical Areas Code: Flood The City follows the King KCC 21A.24 Protection facility No Equivalent County standards Critical Areas Code: Notice on KCC 21A.24 Title 19.145.170 Critical Areas Code: Regulation KCC 21A.24 of Wetlands 19.145.410 Critical Areas Code: zero -rise and The City follows the King KCC 21A.24 compensatory storage provisions No Equivalent County standards Definitions: Critical Area KCC 21A.24 Ordinance (CAO) 19.145 The City does not have Farm KCC 21A.24 Farm Mana ement Plans No Equivalent Management Plan requirements Floodplain Development The City follows WSDOT and KCC 21A.24 Standards: Bridges No Equivalent King County Standards Notice on Title: Erosion Hazard KCC 21A.24 Area 19.145.170 Rural Stewardship Plan or Farm The City does not have Rural KCC 21A.24 Management Plan No Equivalent Stewardship Plan requirements The City does not have a broad definition, instead each specific KCC 21A.24 Critical Areas 14.05 & 19.05 area is defined separately Critical areas can be placed in a KCC 21A.24 Critical Area Tract 18.55.060, 19.145 conservation open sace tract KCC 21 A.24.100 Critical Area Review 19.145 KCC 21A.24.110 Critical Area Reports 19.145.080 KCC 21A.24.170 Notice on Title 19.145.170 KCC Floodplain and Flood Hazard 21A.24.230 Areas 19.142 KCC 21A.24.270 Notice on Title 19.145.170 KCC Channel migration zone The City follows the King 21 A.24.275 development standards No Equivalent County standards City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 15 of 23 King County Code to Federal Way Revised Code WRC) Reference Table King County Code FWRC Reference Subject of Reference Equivalent Comment The City does not have one code section that lists all of the property specific development standards or overlays, instead they are contained Property specific development throughout code based on land use KCC 21A.38 standards/s ecial district overlays No Equivalent and property characteristics KCC 23.20 Code Compliance: Citations 1.15 Code Compliance: Notice and KCC 23.24 Orders 1.15.040 Code Compliance: Stop Work KCC 23.28 Orders 1.15.030 FWRC does not contain an KCC 23.40 Code Compliance: Liens Not applicable equivalent requirement Shoreline Management: Bridge The City follows WSDOT and KCC 21 A.25 Design No Equivalent King County Standards City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 16 of 25 Section 4: Reference Materials: Cited Federal Way Revised Code The following are applicable excerpts from the City of Federal Way Revised Code and provided for convenience. In the event of discrepancies or subsequent code updates, the adopted City code governs. 16.05.180 R definitions. "Redevelopment" For the purposes of determining water quality review requirements "redevelopment"_means, a project that proposes to add, replace, or modify impervious surface (for purposes other than a residential subdivision or maintenance) on a site that is already substantially developed in a manner consistent with its current zoning, or with a legal nonconforming use, or has an existing impervious surface coverage of 35 percent or more. Water quality for the entire subject property must be brought into compliance with FWRC Title 16, where the proposed redevelopment meets or exceeds the thresholds set forth, and shall be done in accordance with the approved King County, Washington Surface Water Design Manual or equivalent, as amended. (FWRC 19.30.120) For the purposes of determining flow control and other stormwater review requirements, the definition of "redevelopment project" identified in the KCSWDM applies. 16.15.010 Regulated activities. The following projects or activities are subject to the provisions of this title, unless exempted in FWRC 16.15.020: (1) Single-family residential; or (2) Projects that add 2,000 square feet or more of new impervious surface, replaced impervious surface or new plus replaced impervious surface; or (3) Projects that propose 7,000 square feet or more of land disturbing activity; or (4) Projects that propose to construct or modify a drainage pipe/ditch that is 12 inches or more in size/depth, or receives surface and stormwater runoff from a drainage pipe/ditch that is 12 inches or more in size/depth; or (5) Collection and concentration of surface and stormwater runoff from a drainage area of more than 5,000 square feet; or (6) Projects which contain, are adjacent to or directly discharge to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area, or a receiving water with a documented water quality problem as determined by the Public Works Director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; or (7) Projects that involve a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s) " means a pollutant that was not discharged at that City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 17 of 23 location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; or (8) Projects other than normal maintenance or other than tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement; or (9) Project proposing $100,000 or more of improvements to an existing high use site. [Note: the dollar amount indicated can be adjusted based on the consumer price index as identified in the KCSWDM in section 1.1.1.] Redevelopment projects that are subject to water quality improvements may phase construction of the improvements as described in FWRC 19.30.120, Non -conforming water quality. 16.15.020 Exemptions. The following activities are exempt from the provisions of this title: (1) Commercial agriculture, and forest practices regulated under WAC Title 222, except for Class IV General Forest Practices that are conversions from timber land to other uses; and (2) Development undertaken by the Washington State Department of Transportation in state highway rights -of -way is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program. All other new development and redevelopment is subject to the requirements of this title. 19.30.120 Nonconforming water quality improvements. This section sets forth the standards when and under what circumstances a subject property that does not conform to the development regulations in FWRC Title 16 relating to water quality must be brought into compliance. (1) Redevelopment. For the purposes of this section, "redevelop" or "redevelopment" means a project that proposes to add, replace, or modify impervious surface (for purposes other than a residential subdivision or maintenance) on a site that is already substantially developed in a manner consistent with its current zoning, or with a legal nonconforming use, or has an existing impervious surface coverage of 35 percent or more. Water quality for the entire subject property must be brought into compliance with FWRC Title 16, where the proposed redevelopment meets or exceeds the thresholds set forth below pursuant to this chapter, and shall be done in accordance with the approved King County, Washington Surface Water Design Manual or equivalent, as amended. (a) Redevelopment which involves the creation or addition of impervious surfaces having an area of 5,000 square feet or more; (b) Redevelopment which involves the construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more; City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 18 of 23 (c) Redevelopment which involves the repair or replacement of 5,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity; (d) Redevelopment which involves the collection and/or concentration of surface and/or stormwater runoff from a drainage area of 5,000 square feet or more; (e) Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area determined by the Public Works Director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the Public Works Director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; (f) Redevelopment which involves a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s) " means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; (g) Redevelopment, other than normal maintenance or other than the tenant improvements, but including any increase in gross floor area, in any one consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement being redeveloped. The appraisal must be from a state -certified general appraiser. For purposes of determining value under this section, improvements required pursuant to FWRC 19.30.090 (nonconforming development), 19.30.110 (street/sidewalk improvements), this section (nonconforming water quality improvements) and FWRC 19.135.030 (street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection; (h) Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem, as determined by the Public Works Director based on a map, plan, water quality monitoring data or a written policy in existence or implemented by the Public Works Director prior to submission of a redevelopment application determined to trigger application of this subsection, where the Public Works Director determines that the redevelopment requires additional specific controls to address the documented water quality problem. (2) Timing. All improvements required by this section shall be constructed or installed concurrent with the redevelopment triggering application of this section, unless an applicant for redevelopment opts to pursue incremental construction of required improvements. In that event, the applicant shall develop and submit to the Public Works Director a stormwater management plan detailing all of the improvements required by this section, and proceed according to the following subsections: (a) Extent of construction of required water quality improvements. Where the Public Works Director determines that incremental construction is physically feasible, the applicant shall construct that portion of the required improvements according to the following schedule: City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 19 of 23 % of Redevelopment % of Water Quality Improvements 0-24 25 25 — 49 50 >50 100 Where construction of 100 percent of water quality improvements is required under this subsection, the improvements may be constructed over a period extending no more than five years from the date of approval of the redevelopment. A person choosing to utilize such extended construction shall provide, prior to approval of the stormwater management plan, a performance bond and bond agreement that: (i) Have a term equal to the construction schedule proposed in the plan; and (ii) Comply with the applicable requirements of Chapter 19.25 FWRC, as amended. (b) Incremental construction not feasible. Where the Public Works Director determines that incremental construction is not physically feasible, 100 percent of the required water quality improvements must be installed, concurrent with the redevelopment. (c) Calculation of redevelopment value. For purposes of calculating the value of redevelopment in order to apply subsection (2)(a) of this section, the Public Works Director shall consider the cost of the proposed redevelopment as a percentage of the assessed or appraised value of all structures on the subject property. The appraisal must be from a state -certified real estate appraiser. (d) Subsequent redevelopment. Whenever any person seeks approval for redevelopment on property for which incremental construction of required water quality improvements was previously authorized pursuant to this subsection (2), any additional water quality improvements to be required shall be determined by application of the schedule in subsection (2)(a) of this section based on the stormwater management plan prepared as part of the first request for authorization of incremental construction. If water quality requirements have changed since preparation of the initial stormwater management plan, a new plan shall be prepared detailing improvements required to comply with any existing and new requirements, and the schedule in subsection (2)(a) of this section shall also be applied to the new plan. (3) Location of water quality improvements. A person proposing redevelopment on a property or site having a Federal Way comprehensive plan designation of CC-F (city center frame) or CC-C (city center core) may construct water quality facilities required by this section below grade. 19.120.030 Exemptions. Nothing in this section shall be interpreted to allow clearing, grading, and/or the removal of trees or other vegetation within sensitive areas or sensitive area buffers where prohibited under FWRC Title 19, Division IV, Critical Areas, or in designated native growth protection areas. Clearing and grading activities are also subject to review under Appendix Chapter J of the International Building Code. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 20 of 23 The following actions shall be exempt from the provisions of this article: (1) Digging and filling for cemetery graves. (2) Clearing and grading in a right-of-way authorized in writing by the director of the department of public works for pothole and square cut patching; overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage; shoulder grading; reshaping/regrading drainage systems; crack sealing; resurfacing with in -kind material without expanding the road prism; and vegetation maintenance. (3) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay where a permit has been issued by the State Department of Natural Resources. (4) Exploratory excavations under the direction of a professional engineer licensed in the state; provided, that the extent of the clearing and grading does not exceed the minimum necessary to obtain the desired information. (5) Normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way. (6) Excavations for utility service connections to serve existing and/or new structures and that is outside any area that is within the jurisdiction of Chapter 19.145 FWRC. (7) Actions which must be undertaken immediately, or within a time too short to allow for compliance with the requirements of this article, to avoid an imminent threat to public health or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of serious environmental degradation. This determination will be made by the Public Works Director. (8) Clearing and grading actions that are an integral part of an ongoing agricultural or horticultural use on the subject property. (9) Tree and vegetation removal actions conducted on a residential lot that contains a detached dwelling unit together with any contiguous lots under the same ownership that are being maintained for the use and enjoyment of the homeowner that comply with the following criteria: (a) Any trees or vegetation removed must be outside any area that is within the jurisdiction of Chapter 19.145 FWRC. (b) No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. (c) Tree and vegetation removal will not change the points where the stormwater or groundwater enters or exits the subject property and will not change the quality, or velocity of stormwater or groundwater. (d) Trees with a diameter at breast height (DBH) of up to six inches and vegetation may be removed without city review and approval if criteria (9)(a) through (c) of this section are met. (e) Trees with a DBH of six inches or greater may be removed subject to the minimum tree units per acre standard established by Table 19.120.130-1 and subject to criteria (9)(a) through (c) of this section. (f) Removal of trees with a DBH of six inches or greater that will result in the subject property falling below the minimum tree units per acre standard per Table 19.120.130-1 shall require planting of replacement trees as necessary to meet the City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 21 of 23 minimum tree units per acre standard, or the existing tree units per acre represented by the trees proposed for removal, whichever is less. (g) Hazard trees and nuisance vegetation may be removed without city review and approval if criteria (9)(a) through (c) of this section are met. (10) Clearing and grading actions that comply with all of the following criteria: (a) The subject property contains a permanent building or an active use. (b) The clearing or grading activity will not change the points where the stormwater or groundwater enters or exits the subject property, and will not change the quality or velocity of stormwater or groundwater. (c) The clearing or grading activity is outside any area that is within the jurisdiction of Chapter 19.145 FWRC. (d) Grading, filling, and excavation totals less than 100 cubic yards. Quantities of excavation and fill are calculated separately and then added together to determine total excavation and fill. (e) No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. (11) Routine maintenance of trees and vegetation necessary to maintain the health of cultivated plants. Topping of trees as defined in Chapter 19.05 FWRC is considered tree removal, not maintenance. (12) Removal of overhanging vegetation and fire hazards, or removal of invasive species, hazard trees, nuisance vegetation, or dead, dangerous, or diseased trees when authorized by the director or his/her designee. (13) Removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities. Protection of trees shall be a major factor in the location, design, construction, and maintenance of streets and utilities. These activities are subject to the purpose and intent of this article. (14) Removal of trees on sites zoned city center core (CC-C) and city center frame (CC-F). City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 22 of 23 Section. 5: Mapping: The City of Federal Way equivalents to the Flow Control Applications Map and the Water Quality Applications Map are attached, as periodically updated. The current versions of the maps are available from the Public Works Department. The City's equivalent to the County Landslide Hazard Drainage Areas Map is the City Sensitive/Critical Areas Map available from the Community Development Planning Division. City of Federal Way Addendum to the King County, Washington Surface Water Design Manual Page 23 of 23 T*'*O COUNCIL MEETING DATE: October 19, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: REVISING FWRC 6.35.030 — PEDESTRIAN INTERFERENCE POLICY QUESTION: Should the City of Federal Way revise its Pedestrian Interference code? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: October 12, Council Committee 2021 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Joanna Eide Assistant City Attorney DEPT: Law Attachments: 1. Staff Report 2. Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMEN TION: Option 1. MAYOR APPROVAL. .S % p / DIRECTOR APPROVAL: C 1015-1"zl con itt Cannc ! Initial/Date lnitinflDl a Initin ate COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on October 19, 2021. L D�.►-ter '--]'L `r C 4 -2.�_ o �,y 4 Zc�►� Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (OCTOBER 19, 2021): "I move to forward the proposed ordinance to the November 3, 2021, Council Meeting for second reading and enactment. " SECOND READING OF ORDINANCE (NOVEMBER 3, 2021): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) _ COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 4, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor Ryan Call, City Attorney FROM: Joanna Eide, Assistant City Attorney SUBJECT: Ordinance revising the Pedestrian Interference code Financial Impacts: There is no expected direct cost to the City for revising the pedestrian interference section of the Federal Way Revised Code. Background Information: The City of Federal Way is authorized to regulate public property, including city property and parks, public rights -of -way, and all other public property within the city under Article XI, Section 11 of the Washington State Constitution and state law (RCW 35A.11.020). The City's current Pedestrian Interference code section was originally enacted in 1991 under this authority and has been revised multiple times in the years since to keep pace with both the needs of the City and changes to case law. Members of the public have expressed concerns regarding the safe and effective use of public rights -of -way and areas within the right-of-way, such as sidewalks and benches. In response, the City recognizes the need to increase the specificity in the Pedestrian Interference code section to address these public safety and usage concerns within the parameters of current case law, explicitly prohibiting laying or sitting on the sidewalk and to address use of bus benches to ensure they are used as intended and to preserve availability of that use for the general public. All people may use areas within the public right-of-way, including sidewalks, benches, medians, etc., as a person normally would and in a way that doesn't interfere with the use of the public at large. When conduct obstructs traffic, roadways, pedestrian travel, and other lawful uses of these areas, it may be prohibited due to its prevention of the use of others or because it creates hazards and creates risks to public health, safety, and welfare. The risks are not just to passersby, but also the person engaging in the obstructive, hazardous conduct. Current law allows for restrictions on sitting or lying in a jurisdiction so long as they are Rev. 7/18 tailored in a way that allows a person experiencing homeless without access to shelter the ability to sleep somewhere within that jurisdiction, avoiding a result of criminalizing being homeless. Tailoring of a restriction on this conduct may include prohibiting sitting or lying in certain areas within a jurisdiction or at certain times of the day. But, a broad restriction on sitting, lying, or camping anywhere within the City would not be constitutional as the 9cn Circuit decided in Martin v. Boise. Any restrictions on use must be equally applied to all people, regardless of status, to remain within Constitutional protections for equal application of the law. People experiencing homelessness are considered citizens and afforded the same protections under the law as any other person. Where conduct, by any person, becomes a concern is when it reaches the level where it causes threats to public health, safety, or welfare of the person or members of the public, or interferes with the use and enjoyment by other members of the public. That conduct is the intended target of these proposed amendments to the Pedestrian Interference code. Proposed changes to the section include: - Clarification of existing language for increased organization, so the code operates as intended, and to ensure enforceability. - Additional detail to ensure sidewalks and other areas within the public right-of-way are not obstructed and may be used as intended by the public. - Creating clear exemptions to restrictions for people with disabilities, for those with a permit to engage in activities on streets or sidewalks, etc. Rev. 7/18 and ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to pedestrian interference and obstructions within public rights -of -way; amending FWRC 6.35.030. (Amending Ordinance Nos. 20-887,15-802, 15-784,11-697, 08-576, 05-509, 94-214, and 91-89) WHEREAS, the City of Federal Way is a non -charter code city pursuant to Title 35A RCW; WHEREAS, the City of Federal Way is authorized to regulate public property, including city property and parks, public rights -of -way, and all other public property within the city under Article XI, Section 11 of the Washington State Constitution and RCW 35A.11.020; and WHEREAS, public property and rights -of -way are intended to be used for public purposes, including pedestrian travel, bicycle and vehicular transportation, and other public uses; and WHEREAS, maintaining and preserving the availability of the intended use of public property, such as sidewalks, is part of the foundational services provided to the citizens of the City of Federal Way; and WHEREAS, conduct that obstructs traffic, roadways, and sidewalk areas causes hazards that interfere with and potentially jeopardize the lawful flow and safety of pedestrians, bicyclists, and people in vehicles, impede the ability of people with disabilities to use the sidewalk, and impact the safe and efficient ingress and egress of commercial establishments directly abutting the public sidewalk area; and Ordinance No. 21- Page 1 of 5 WHEREAS, the City Council hereby finds that the requirements established by this ordinance are in the interest in and necessary for the preservation of the public peace, health, safety, and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The foregoing recitals are adopted as findings of the City Council. Section 2. FWRC 6.35.030 is hereby amended to read as follows: 6.35.030 Pedestrian interference — Obstruction of sidewalk areas and roadways. (1) The following definitions apply to this section: (a) "Roadway" has the meaning given that term in RCW 46.04.500 as currently adopted or as it may be amended in the future. (b) "Sidewalk" has the same meaning given that term in FWRC 1.05.0.20 as currently adopted or as it may be amended in the future. (2) A person is guilty of pedestrian interference if, while in the public right-of-way, he or she intentionally_ (a eObstructs pedestrian or vehicular traffic by walking, standing, sitting, lying, or placing an object in such a manner as-tethat blocks, hinders or impedes. or tends to hinder or impede the free and uninterrupted passage by another person or a vehicle that has the right-of-way causing or likely to cause a pedestrian or vehicle operator to take evasive action to avoid contact; (b) Sits or lies upon a public sidewalk, or upon a blanket, chair, stool, or any other object placed upon a public sidewalk except as otherwise provided by this section, Ordinance No. 21- Page 2 of 5 (c) Uses a bench or bus stop in such a manner that unreasonably prevents or interferes with access to it by other members of the public or prevents or impedes pedestrian access around it; or Loiters on the roadway or on a median between lanes of travel. (3) This section shall not apply to the following: Persons actually engaged in work upon a development or maintenance project, including construction and maintenance workers, surveyors, and flaggers, within any construction or maintenance area indicated by official traffic control devices are exempt from tithe prohibition on obstructing traffic:; (b) Any person(s) who, as a result of a disabili!y. utilizes a wheelchair, walker, or similar device to move about the public sidewalk; (c) Operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a permit issued under Chapter 4.25 FWRC; d A person participating in or attending a parade, festivalperformance, rally, demonstration. meeting, or similar event conducted on the public sidewalk pursuant to a permit issued under Chapter 4.30 FWRC; .(e) Sitting onapublic sidewalk within a bus stop zone while waiting for public or private transportation; ar (f) Sitting on a chair or bench located on the public sidewalk, which is sgpplied by the city of Federal Way or an abutting private property owner. (4) A person violating this section is guilty of a misdemeanor.. No person shall he subject to enforcement under this section unless the person engages in conduct prohibited by this section after Ordinance No. 21- Page 3 of 5 having been notified by a law enforcement officer that the conduct violates this section. If the individual fails to comply. a law enforcement officer ma then enforce this section. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section S. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 [signatures to follow] Ordinance No. 21- Page 4 of 5 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 21- Page 5 of 5 COUNCIL MEETING DATE:' ePCW ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: CODE AMENDMENTS ESTABLISHING LOCAL STANDARDS FOR PERMANENT SUPPORTIVE HOUSING AND EMERGENCY SHELTER POLICY QUESTION: Should the City amend FWRC Title 19 to be consistent with the requirements of ESSHB 1220 relating to permanent supportive housing and transitional housing and emergency housing and shelter? COMMITTEE: Land Use and Transportation MEETING DATE: 09/13/2021 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven, Planning Mana . er DEPT: Community Development Attachments: 1. Staff Report L`lf G wp nI op 1-• 404, n ��►L �� 0011 -01�'I tiro ' � o� �;i 4. 04i 'L o o o cci 1( Options Consitxered: 1. Adopt the proposed ordinance 2. Do not adopt the proposed ordinance and provide direction to staff MAYOR'S RECOMMENDATION: Option 1 Q � MAYOR APPROVAL: DIRECTOR APPROVAL: 2 f Co mil CInilia Oat! Inilial/Daw Initialll]alc COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on September 21, 2021 V O1 - oc vv i C11- Zt70 V 6� Ck- Z-0 d VI-N Committee Chair, Greg Baruso Committee Member, Martin Moore Committee Member, Floarig Tran PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE "I move to forward approval of the ordinance to the October 0,2021 Council Meeting for enactment. " I SECOND READING OF ORDINANCE OCTOBER A2021 `I move approval of the proposed ordinance. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: z ii ❑ APPROVED COUNCIL BILL # 4 ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE # EVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: 19 October 2021 TO: City Council VIA: Jim Ferrell, Mayor FROM: Brian Davis, Community Development Director 6�- Keith Niven, Planning Manager SUBJECT: Council Bill #811: Amendments following first reading to Proposed Code Amendments for Permanent Supportive Housing and Emergency Housing and Shelter Financial Impacts: N/A Backeround Information: The first reading for this proposed Ordinance occurred on 5 October 2021. Following public comment and council deliberation, the following items were identified and discussed by the council: 1. Separation. Issue: The council expressed a desire for the separation requirements included in the city's zoning code be reasonably stringent. Resolution: The separation for Permanent supportive housing and transitional housing has been increased to 1'/3 miles (7,040 feet). This change has been made to all of the use tables. 2. Interim Ordinance. Issue: Given the city has not received a number from the Department of Commerce that would determine the city's projected need for homeless housing, the council wanted to ensure the standards adopted in this ordinance would be revisited to ensure they did not create any unintended outcomes. Resolution: Rather than adopt the proposed ordinance as interim regulations, it was agreed the standards would be reviewed again in April 2022. A new Whereas statement was added to the proposed ordinance identifying this requirement. Licensing. Issue: During the public hearing that occurred at the Planning Commission the idea of creating a city license for this use was discussed. In deliberations with the council, the council also expressed an interest in a city -issued license. Resolution: A separate ordinance will be forwarded to the council in 2021 for their consideration identifying a potential new Chapter of city code (12.35) that would address licensing requirements for Permanent supportive housing and transitional housing, Emergency housing and shelter. Rev. 6/2020 Page 2 4. Process IV. Issue: The council received public comment requesting the process for permitting include a public meeting, similar to an ordinance adopted in the city of Puyallup relating to drop -in shelters. The process in the proposed ordinance would be a Process III which requires public notice, but not a meeting. If the council desired a meeting to be included in the permitting process, the permitting process could be changed to Process IV (Hearing Examiner decision). Resolution: Following deliberations by council, there was not a majority of the council that supported moving the permitting process to a Process IV. No changes are proposed. CITY OF FEDERAL WAY Memorandum Dale: 28 September 2021 To: City Council Via: Jim Ferrell, Mayor From: Brian Davis, Community Development Director r�� Keith Niven, AICP, CEcD, Planning Manager *— Subject: Agenda Bill 811 (Permanent supportive housing/emergency shelter) Council Response Memo FINANCIAL IMPACTS: N/A BACKGROUND INFORMATION: The information provided in this Memorandum is in response to the discussion that occurred at the September 19, 2021 Council meeting. During the September 19, 2021 discussion of this item, the Council requested or raised questions regarding the following: 1. Could additional information be included in the FAQ page? Response: Yes. Please see Attachment 1. 2. Is there additional licensing requirements that could be added? Response: These facilities would require a business license and city permitting. There is no current additional licensing that could be placed on these uses as part of the local regulatory land use process. 3. Could the code be written to require separation from schools if the residents of the facility do not include families with children? Response: the city currently places separation requirements on certain uses permitted in the city. For example, for Group homes, Types II and III, the use charts include the following separation requirement: "Distanced at least 1,000 ft. from any school, park, church, playground, or day care center; measured by following a straight line...". Group homes Types II and III are for residents under the jurisdiction of the criminal justice system. The proposed code includes a 1,000-foot separation for Emergency housing and shelter from public schools given its transient nature. Permanent Supportive Housing, which is not transient in nature and whose tenants can either be families or individuals, is not proposed to have a separation from schools. 4. What is the greatest separation that could be included in the code while still ensuring the city can meet its Projected Need? Response: Staff have explored Y2-mile, 1-mile, 1'/-mile, and 2-mile separation. Given the proposed cap by zone and including a separation of 1'/3 miles (7,040 feet) for all zones, the city would achieve the largest separation while ensuring the code provisions allow for the Projected Need to be reasonably accommodated. See Attachment 2. The draft Ordinance does not include this separation. If the council desires to alter the separation from the '/z mile and 1 mile currently in the draft code, this desire would need to included in the recommendation for adoption. Attachment 1: FAQ Page Frequently Asked Questions: Permanent supportive housing and transitional housing, Emergency housing and shelter and affordable and subsidized housing September 2021 What is the difference between Permanent supportive housing (PSH), transitional housing, emergency housing, emergency shelter, affordable housing and subsidized housing? a. Permanent supportive housing is subsidized, leased housing with no limit on length of stay, paired with on -site or off -site voluntary services designed to support a person living with a disability who is also experiencing homelessness to be a successful tenant in a housing arrangement, improve the resident's health status, and connect residents of the housing with community -based health care, treatment, and employment services. b. Transitional housing means a project that provides housing and supportive services to persons or families experiencing homelessness for up to two years and that has as its purpose facilitating the movement of homeless persons and families into independent living. c. Emergency housing means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. d. Emergency shelter means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers that do not provide overnight accommodations. e. Affordable housing means housing that is below market rate because of age, size, location, local regulation, or because it is publicly or privately subsidized. Affordable housing is typically described as being affordable at a specified percentage of the Area Median Income (AMI). For example, housing at 50% AMI would be affordable to a household where their income is half of the Area Median Income. f. Subsidized housing means housing that includes a mechanism to reduce rent so that residents typically pay no more than 30% of their income for housing in order to make the housing affordable. Housing can be subsidized in numerous ways —giving tenants a rent voucher [Housing Choice Vouchers (formerly called "Section 8")] or through public housing with a housing authority or project -based Section 8 housing. Generally, emergency housing, emergency shelter, PSH, and transitional housing are meant to provide a transition between homelessness and a permanent housing option while affordable, and subsidized housing are meant to provide permanent housing for people who are not able to afford housing offered at local market levels. 2. Why does the city need to have affordable and subsidized housing? As identified in the City's Housing Action Plan: "Housing availability is an urgent and growing challenge in Federal Way. Two out of every five households (40%) are struggling to manage the cost of housing. The lack of supply and resulting cost pressure is contributing to the displacement of long-term Federal Way residents, a process that can uproot lives and undermine the social fabric and support structure for many residents." 3. Why is the City creating zoning rules for PSH and Emergency housing? And why now? The city's code changes were necessitated for two (2) reasons. First, the city needed to change its code to be consistent with State legislation (ESSHB 1220) passed in the second quarter of 2021. This legislation required cities to allow emergency housing and permanent supportive housing in certain zones. And, second, the newly -adopted legislation gave cities the ability to put reasonable local controls on reaSGRable occupancy, intensity of uses, and separation of such uses. The city believes the community would benefit from having these local controls in place, rather than creating a scenario where these uses are allowed in the city completely free of any regulation. 4. What types of services are provided to residents living in these types of housing? Services will vary by housing type (shelter, transitional housing, permanent supportive housing) and operator. For PSH and Emergency housing, a minimum of case management is provided including resource referral and housing placement assistance. Services provided directly may also include outreach, housing counseling, and physical and behavioral health, which includes mental health and substance use treatment. Case management referrals are tailored to the individual needs and can include services such as food, benefits, education, employment, and treatment and more. If I have any additional questions, who may I speak with? If you have any questions, please do not hesitate to contact the Federal Way Community Development Department at either (253) 835-7001 or plan ning&cityoffederalway.com ■ ■ ■ 0 men ■ ml CITY OF FEDERAL WAY MEMORANDUM DATE: September 13, 2021 TO: Land Use and Transportation Committee VIA: Jim Ferrell, Mayor FROM: Briars Davis, Director Community Development02_� KeitIt Niven, Planning Man age r SUBJECT: Code Amendments establishing local standards for permanent supportive housing and emergency shelter I. FINANCIAL IMPACTS: There is no fiscal impact to the city for adopting the proposed code amendments. Should the city elect to not approve code amendments to make the FWRC consistent with the provisions of ESSHB, 1220, the city could be at risk of legal challenges for having local code inconsistent with state law. II. BACKGROUND: ESSHB 1220 In May 2021, the state legislature approved Engrossed Second Substitute House Bill (ESSHB) 1220 (Exhibit 1). Pursuant to the newly -passed legislation, starting July 25, "a city shall not prohibit transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed." Furthermore, by September 30, cities must either: 1) allow indoor emergency shelters and indoor emergency housing in zones in which hotels are allowed; or 2) permit indoor emergency shelters and indoor emergency housing in a majority of zones within one -mile of transit. As identified in this Bill, cities retain the authority to impose reasonable regulations on occupancy, spacing, and intensity of use requirements on the housing types listed above, to protect public health and safety. However, such ordinances cannot prevent the siting of a sufficient number of these housing and shelter types necessary to accommodate each city's projected need for such housing under RCW 36.70A.070(2)(a)(ii). FWRC Currently, the Federal Way Revised Code (FWRC) provides a definition for Social service transition housing (see below). "Social service transitional housing" means facilities providing temporary and transitional housing to individuals on an as -needed basis, operated by a nonprofit social service agency, licensed as required by the state, including, but not limited to, emergency shelters, homeless shelters, domestic violence shelters, and other such crisis intervention facilities; but excluding offices and group homes as defined in this chapter. Any limitation on the number of residents in social service transitional housing shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Federal Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that it would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.105.060 and FWRC Title 19, Division VI, Zoning Regulations. As a defined land use, Social service transitional housing is currently allowed in the following zones: Multifamily Residential ■ Neighborhood Business ■ Community Business City Center Frame This definition does not align with the newly -defined terms in ESSHB 1220; and, the zones where Social service transitional housing is allowed does not meet the requirements of the Bill. Determining Projected Need As stated in ESSHB 1220, each jurisdiction is to provide for "...a sufficient number of these housing and shelter types necessary to accommodate each city's projected need." To determine the City's projected need, the City would generally look for guidance from the State and King County. However, the Department of Commerce has stated they believe they will not be able to provide relevant data to King County until December 2022. Then, King County staff will need to allocate the number received from the State to the cities and unincorporated parts of the county. In other words, Federal Way will likely not receive any relevant data to help inform this number until mid-2023, despite being legally required to accommodate the quantity of need for such uses now. In the absence of State- or County -provided data to determine the city's Projected Need, staff sought out data available on homelessness in order to develop a methodology for calculating the city's Projected Need. It was concluded (similar to the cities of SeaTac, Des Moines, Renton, and Covington) that the best information available comes from the 2020 SeattlelKfing County Point in Time Count of Individuals Experiencing Homelessness. Unfortunately, the information is not provided at a city level. Rather it has been provided regionally (see below). Table 1 Individuals Experiencing Homelessness (Sheltered( by Region, 2017-2020 Table 2 Individuals Experiencing Home essness (Unshe tered) by Region, 2017-2020 Rlplured toll � :ot4 �o - k L East County 11% Er_rk ;*I: 569 ?#r 55d• North County 1l I: 3-A 172 3% 204 Northeast County a 35 1% &I E Sca11(C 'U9 , 71% 4,239 1 72% 1 a e2Q SouthEAST County 1\ 3G 1%Si I:x 72 Sotahwesf {ounty TOTAL ICE+ 6,15ti 1001A 5.771 IDIM St: cc[ ill r:;flcllcred) Itl17 261s 2u2o- V. N x N N East Cwnty Sk 30 i7% 317 V, 466 North County 1N 53 2% 85 !M 56 Northeast County 2% 11.9 2x 99 du 1G7 Scatsie - �,F 587: 3,558 67t. 3,73R Snutheai! County !( 1% 6s tN 58 Southwest County1,10 _ n, 1.133A 2p1• LISS TOTAL 7k, 5,48'- 1DPr--. 5.2211 140+- 5_ 718 SW King County would include Renton, Tukwila, Burien, SeaTac, Des Moines, Vashon, Federal Way, a portion of Milton, a portion of Auburn, and Kent. Looking at total population numbers for these cities, Federal Way represents approximately 17% of the population comprising SW King County. Taking a straight percentage of the total homeless population (sheltered and unsheltered) found in SW King County would mean Federal Way's proportionate share is (822 + 1115) x .17 = 329. Although staff reached out to the authors of the Point -in -Time Count to see if we could get data specific for the city, staff received no response to their request. 2 Looking at the growth and decline of homelessness over the past 4 years (see graph below), the absolute change from 2016 to 2020 (4 years) represents an increase over that period of 10 percent. Extending the growth projection over a 20-year period (assume a constant rate of growth) would generate the following numbers for Federal Way: Individuals experiencing homelessness identified in the Point -in -Time count 2020-2024: 329 x 1.1 = 362 2024-2028: 362 x 1.1 = 398 11,643 12,112 11,199 11,751 10,688 2032-2036: 398 x 1.1 = 438 2026-2040: 438 x 1.1 = 482 Therefore, the proposed 20-year need is the current count plus the anticipated 20-year growth. Or, 329 + 153 (482-329) (growth) = 482. Based on 14B 1220 and the email response received from the Department of Commerce (Planning Commission Response Memo), the Projected Need (482) needs to be subdivided into a Need for Permanent supportive housing and transitional housing; and, a Need for Emergency housing and shelter. With data from the Point -in -Time Count, the 482 Projected Need consists of 207 units (43%) of Emergency housing and shelter; and, 275 units (57%) of Permanent supportive housing and transitional housing. These percentages are derived from the respective proportions of Transitional housing, Disabled housing, and Shelter housing found in the Point -in -Time Count. Taking the existing count (units currently in the city) as well as what is in the pipeline (King County proposals): Projected Need Existing Proposed Remainder to meet Projected Need Emergency housing 207 29' 90 (Red Lion) 88 and Emergency shelter Permanent 275 64 101 (Extended 110 supportive housing Stay) and Transitional housing 'There are an additional 20 units that are currently located at the Red Lion that will be part of the 90 proposed. Although there are a number of data sources, the Point -in -Time street count was conducted on 1 night (January 24, 2020) and is generally regarded as somewhat of an underrepresentation of the number of homeless. The original City proposal suggested applying a "multiplier" to compensate for this potential undercounting. Based on a study conducted in 2001, a multiplier of 2.5 was applied to our count. Following public comment and discussions with the Planning Commission, the City reevaluated the appropriateness of applying this modifier and concluded it was not warranted [see Planning Commission Response Briefing Memo (Exhibit 2)]. III. PROPOSED CODE AMENDMENTS AND ANALYSIS Proposed Code Amendments This section provides a summary of the proposed code amendments. The complete proposed zoning code text is enclosed as part of the draft ordinance (Exhibit 3). The issues these proposed code amendments are attempting to resolve are: 1. Ensure the FWRC is consistent with the requirements of ESSHB 1220; 2. Create local standards to ensure compatibility, where the statute allows; and, 3. Clarify any inconsistencies in existing code with the provisions of the statute. A. Since the city's definition for "Social service transitional housing" does not closely align with the definitions of the uses regulated in ESHB 1220, the proposed ordinance deletes this definition and replaces it with two newly defined terms: 1. Permanent supportive housing and transitional housing; and, 2. Emergency housing and shelter. B. Social service transition housing and shelters are also listed under the definition for "Essential Public Facilities". Since the city is choosing to specifically define these land uses and provide use -specific standards for them, the City code will no longer expressly list these uses as essential public facilities. C. The proposed code revisions would make the following changes: Zone SE (Suburban Estate) RS (Single -Family Residential) RM (Multifamily Residentia BN (Neighborhood Business) BC (Community Business) CC-C (City Center Core) CC-F (City Center Frame) CE (Commercial Enterprise) Permanent supportive housing and transitional housing ✓ ✓ ✓ Emergency housing and shelter D. Since "Emergency housing and shelter" contemplates similar uses to the previously existing Social service transitional housing, and to avoid the necessity to invent new standards, 4 "Emergency housing and shelter" is utilizing the separation and intensity standards that belonged to Social service transitional housing. E. The city can likely meet its Projected Need under the proposed separation requirements. F. The draft Ordinance contains the complete proposed changes, the following chart identifies the major discretional provisions with a comparison to what is allowed currently. Permanent Sunnortive ho sina and transitional housing Setbacks Process Density F S R Height Separation Parking J_ SE Existing' None 1 home/lot 30 10 10 30 0 2/unit Proposed Process III 10 rooms/lot 30 20 20 30 5,280 ft (1 Efficiency units: 1.0 per unit + 1 in a single mile) for each 2 employees structure Studio units: 1.25 per unit + 1 for each 2 employees One bedroom units: 1.5 per unit + 1 for each 2 employees Units with two bedrooms or more: 2/unit + 1 for each 2 employees Employees: 1 additional space for every 2 + 1 for each 2 employees IRS 35 Existing' None 1 home/lot 20 10 10 30 0 2/unit Proposed Process III 6 rooms/lot 20 10 20 30 5,280 ft (1 Efficiency units: 1.0 per unit + 1 in a single mile) for each 2 employees structure Studio units: 1.25 per unit+ 1 for each 2 employees One bedroom units: 1.5 per unit + 1 for each 2 employees Units with two bedrooms or more: 2/unit + 1 for each 2 employees IRS 15 Existing' None 1 home/lot 20 5 5 30 0 2/unit Proposed Process III 6 rooms/lot 20 10 20 30 5,280 ft (1 Efficiency units: 1.0 per unit + 1 in a single mile) for each 2 employees structure Studio units: 1.25 per unit+ 1 for each 2 employees One bedroom units: 1.5 per unit + 1 for each 2 employees Units with two bedrooms or more: 2/unit + 1 for each 2 employees RS 9.6 Existing' None 1 home/lot 20 5 5 30 0 2/unit Proposed Process III 6 rooms/lot 20 10 20 30 5,280 ft (1 Efficiency units: 1.0 per unit + 1 in a single mile) for each 2 employees structure Studio units: 1.25 per unit + 1 for each 2 employees One bedroom units: 1.5 per unit + 1 for each 2 employees Units with two bedrooms or more: 2/unit + 1 for each 2 employees RS 7.2 Existin 1 None 1 home/lot 20 5 5 30 0 2/unit Proposed Process III 6 rooms/lot 20 10 20 30 5,280 ft (1 Efficiency units: 1.0 per unit + 1 in a single mile) for each 2 employees structure Studio units: 1.25 per unit + 1 for each 2 employees One bedroom units: 1.5 per unit + 1 for each 2 employees Units with two bedrooms or more: 2/unit + 1 for each 2 employees RS 5.0 Existing' None 1 home/lot 20 5 5 30 0 2/unit Proposed Process III 6 rooms/lot 20 10 20 30 5,280 ft (1 Efficiency units: 1.0 per unit + 1 in a single mile) for each 2 employees structure Studio units: 1.25 per unit + 1 for each 2 employees One bedroom units: 1.5 per unit + 1 for each 2 employees Units with two bedrooms or more: 2/unit + 1 for each 2 employees RM 3600 Existingz Process II 12/acre 20 5 5 30 0 1-2/unit Proposed Process III 50/project 20 5 5 30 2,640 ft (1/2 Efficiency units: 1.0 per unit + 1 cap, w/ 3600 mile) for each 2 employees sf/unit Studio units: 1.25 per unit+ 1 for each 2 employees One bedroom units: 1.5 per unit + 1 for each 2 employees Units with two bedrooms or more: 2/unit + 1 for each 2 employees RM 2400 Existingz Process II 18/acre 20 5 5 30 0 1-2/unit Proposed Process III 50/project 20 5 5 30 2,640 ft (1/2 Efficiency units: 1.0 per unit + 1 cap, w/ 2400 mile) for each 2 employees sf/unit Studio units: 1.25 per unit+ 1 for each 2 employees One bedroom units: 1.5 per unit + 1 for each 2 employees Units with two bedrooms or more: 2/unit + 1 for each 2 employees RM 1800 Existin 2 Process II 24/acre 20 5 5 35 0 1-2/unit Proposed Process III 50/project 20 5 5 35 2,640 ft (1/2 Efficiency units: 1.0 per unit + 1 cap, w/ 1800 mile) for each 2 employees sf/unit Studio units: 1.25 per unit + 1 for each 2 employees One bedroom units: 1.5 per unit + 1 for each 2 employees Units with two bedrooms or more: 2/unit + 1 for each 2 employees BN Existingz Process II 18/acre 0 10 10 35 or 30 0 1-2/unit Proposed Process III 18/acre, max 20 5 5 35 or 30 2,640 ft (1/2 Efficiency units: 1.0 per unit + 1 50/project mile) for each 2 employees Studio units: 1.25 per unit+ 1 for each 2 employees One bedroom units: 1.5 per unit + 1 for each 2 employees Units with two bedrooms or more: 2/unit + 1 for each 2 employees BC Existingz Process II none 0 or 10 10 65 or 30 0 1-2/unit 20 or or 20 20 2,640 ft (1/2 Proposed Process III 50/project 20 adjacent to SF 55 or 30 Efficiency units: 1.0 per unit+ 1 cap mile) for each 2 employees Studio units: 1.25 per unit + 1 for each 2 employees One bedroom units: 1.5 per unit + 1 for each 2 employees Units with two bedrooms or more: 2/unit + 1 for each 2 employees CC-C Existingz Process II none 20 5 5 200 or 70 0 1 or 1.7/unit or0 Proposed Process III 110/project 10 10 10 200 or 70 2,640 ft (1/2 Efficiency units: 1.0 per unit + 1 cap mile) for each 2 employees Studio units: 1.25 per unit + 1 for each 2 employees One bedroom units: 1.5 per unit + 1 for each 2 employees Units with two bedrooms or more: 2/unit + 1 for each 2 employees CC-F Existingz Process II None 20 5 5 85 or 70 0 1 or 1.7/unit or0 Proposed Process III 110/project 10 10 10 85 or 70 2,640 ft (1/2 Efficiency units: 1.0 per unit + 1 cap mile) for each 2 employees Studio units: 1.25 per unit + 1 for each 2 employees One bedroom units: 1.5 per unit + 1 for each 2 employees Units with two bedrooms or more: 2/unit + 1 for each 2 employees CE Existing n/a n/a n/a n/a I n/a n/a 0 n/a Proposed Process III 110/project 5 20 20 55 or 30 2,640 ft (1/2 Efficiency units: 1.0 per unit + 1 cap or 5 or 5 mile) for each 2 employees Studio units: 1.25 per unit+ 1 for each 2 employees One bedroom units: 1.5 per unit + 1 for each 2 employees Units with two bedrooms or more: 2/unit + 1 for each 2 employees Notes ' Single-family detached dwelling -' Multifamily dwelling units Planning Commission Recommendation The Planning Commission conducted Public Hearings on 18 August 2021 and 1 September 2021. Following extensive public input and Commission discussion and deliberations, consistent with 19.80.240(1)(c), the Planning Commission forwards the proposed code changes to the City council with no recommendation. IV. PROCEDURAL SUMMARY The procedure followed for making this amendment is shown below: 7/08/21: 60-day Notice of proposed changes to development regulations sent to Commerce 7/16/21: Public Notice of SEPA Decision published and posted (website) 7/16/21: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 7/30/21: End of SEPA Comment Period 8/04/21: Planning Commission Briefing (cancelled due to lack of quorum) 8/23/21: End of SEPA Appeal Period 8/18/21: Public Hearing 9/01/21: Public Hearing Continuation 9/13/21: LUTC Council Committee 10/05/21: City Council 1" Reading 10/19/21: City Council 2nd Reading 10/22/21: Code revisions are effective 10/22/21: 10-day Notice of Action to Commerce IV. DECISION 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 tho FWRC only if it finds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan: The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) policies and goals: LUP1 Use development standards and design guidelines to maintain neighborhood character and ensure compatibility with surrounding uses. LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUG3.1 Provide a wide range of housing densities and types in the single-family designated areas. HG1 Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character. HG2 Involve the community in the development of new housing to a degree that is consistent with the scale of impact on the surrounding neighborhoods. HG3 Develop a zoning code that provides flexibility to produce innovative housing solutions, does not burden the cost of housing development and maintenance, and diversifies the range of housing types available in the City. HP12 The FWRC and Land Use chapter of the FWCP will be coordinated to facilitate locating housing affordable to low-income, very low-income, and special needs households throughout the City, especially around the City Center and other areas that provide proximity to employment, safe and convenient access to transportation and human services, and adequate infrastructure to support housing development. HP21 Promote fair housing access to all persons without discrimination. HG7 Develop a range of housing opportunities that meet the requirements of people with special housing needs, including the elderly, mentally ill, victims of domestic abuse, and persons with physical and/or developmental disabilities. HP39 Periodically review the FWRC and remove any regulatory barriers to locating special needs housing and emergency and transitional housing within the City as required by the federal Fair Housing Act, to avoid over -concentration, and to ensure uniform distribution throughout all residential and mixed -use zones. HG8 Develop emergency shelter and transitional housing facilities for the homeless. HP44 Emergency shelters should be permitted and regulated to ensure there are adequate opportunities to locate them within the City, to avoid overconcentration of facilities, to ensure that such facilities and housing are properly managed, and to avoid or mitigate significant impacts on existing residential neighborhoods or other surrounding use The proposed amendments bear a substantial relationship to public health, safety, or welfare. The governmental power to include zoning regulations potentially limiting the rights of property owners is not unlimited, and must substantially advance legitimate public interests and bear a substantial relationship to the public health, safety, or general welfare. The proposed FWRC text amendments does not limit the rights of property owners as it allows newly -defined land uses in established zoning districts where "Permanent supportive housing and transitional housing" and "Emergency housing and shelter" may potentially locate. ESSHB 1220 authorizes local jurisdictions to include reasonable occupancy, intensity, and/or spacing requirements on the newly -defined housing uses. The proposed code amendments include occupancy and 9 intensity requirements to ensure the size of any facility allowed through these code amendments is compatible with surrounding properties. Within each of the zones, Permanent supportive housing and transitional housing facilities are capped at 6 or 10 units for single-family zones, 50 units for multi -family and lower -intensity commercial zones and 110 units for higher -intensity commercial zones. These limits are intended to help ensure that the number of units developed on a particular site remain at a number that prevents adverse impacts on adjacent or nearby properties. Likewise, spacing requirements have been included in the code to ensure that these facilities are spread out in the city in a way that does not create a cluster of homeless housing that disproportionately impacts public service providers such as police and other first responders. Finally, there are Special Regulations and Notes applied to each zone that provides for operational norms expected for each facility to follow. These requirements are intended to establish minimum health and safety standards for residents of these facilities. Also, it establishes separation standards from like facilities, intensity and setbacks standards particular to these uses and creates a public review process that are all intended to protect the health, safety and welfare of the general community. The proposed amendments are in the best interest of the residents of the city. The proposed FWRC text amendments allow the city to legally regulate the location (setbacks and separation requirements), intensity (limit on units in one location), and parking requirements (similar to other multi -family housing). The proposed amendments clarify existing ambiguities in code. And, the proposed amendments require all permits to be reviewed under a Process (Level III) where public notice will be given. For these reasons, the proposed amendments will be in the best interest of the residents of the city. V. OPTIONS FOR DECISION After consideration of the proposal and the Mayor's recommendation regarding the proposed amendments, the Council may: 1. Adopt the ordinance; 2. Do not adopt the ordinance and provide staff direction; MAYOR'S RECOMMENDATION Based on the above analysis and decision criteria, the Mayor recommends that the proposed amendments to FWRC Title 19 (Exhibit 3) be recommended for approval following discussion by the Land Use/Transportation Committee (LUTC) and forwarded to the entire City Council for deliberation and decision. 10 EXHIBITS Exhibit 1: ESSHB 1220 Exhibit 2: Planning commission Response Memo dated 25 August 2021 Exhibit 3: draft Ordinance 11 Exhibit 1: ESSHB 1220 CERTIFICATION OF ENROLLMENT ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1220 67th Legislature 2021 Regular Session Passed by the House April 14, 2021 Yeas 57 Nays 40 Speaker of the House of Representatives Passed by the Senate April 10, 2021 Yeas 25 Nays 24 President of the Senate Approved Governor of the State of Washington 12 CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1220 as passed by the House of Representatives and the Senate on the dates hereon set forth. Chief Clerk FILED Secretary of State State of Washington 13 ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1220 AS AMENDED BY THE SENATE Passed Legislature - 2021 Regular Session State of Washington 67th Legislature 2021 Regular Session By House Appropriations (originally sponsored by Representatives Peterson, Macri, Bateman, Ryu, Lekanoff, Fitzgibbon, Kloba, Davis, Lovick, Santos, Ortiz -Self, Simmons, Berg, Hackney, Chopp, Tharinger, and Frame) READ FIRST TIME 02/22/21. 1 AN ACT Relating to supporting emergency shelters and housing 2 through local planning and development regulations; amending RCW 3 36.70A.020, 36.70A.390, and 36.70A.030; reenacting and amending RCW 4 36.70A.070; adding a new section to chapter 35A.21 RCW; adding a new 5 section to chapter 35.21 RCW; and adding a new section to chapter 6 36.70A RCW. 7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 8 Sec. 1. RCW 36.70A.020 and 2002 c 154 s 1 are each amended to 9 read as follows: 10 The following goals are adopted to guide the development and 11 adoption of comprehensive plans and development regulations of those 12 counties and cities that are required or choose to plan under RCW 13 36.70A.040. The following goals are not listed in order of priority 14 and shall be used exclusively for the purpose of guiding the 15 development of comprehensive plans and development regulations: 16 (1) Urban growth. Encourage development in urban areas where 17 adequate public facilities and services exist or can be provided in 18 an efficient manner. 19 (2) Reduce sprawl. Reduce the inappropriate conversion of 20 undeveloped land into sprawling, low -density development. P. 1 E2SHB 1220.PL 1 (3) Transportation. Encourage efficient multimodal transportation 2 systems that are based on regional priorities and coordinated with 3 county and city comprehensive plans. 4 (4) Housing. ( (m L _-—aksaalabi1ity of—a€ferye) ) Plan 5 €or and accommhousing affordable to all economic segments of 6 the population of this state, promote a variety of residential 7 densities and housing types, and encourage preservation of existing 8 housing stock. 9 (5) Economic development. Encourage economic development 10 throughout the state that is consistent with adopted comprehensive 11 plans, promote economic opportunity for all citizens of this state, 12 especially for unemployed and for disadvantaged persons, promote the 13 retention and expansion of existing businesses and recruitment of new 14 businesses, recognize regional differences impacting economic 15 development opportunities, and encourage growth in areas experiencing 16 insufficient economic growth, all within the capacities of the 17 state's natural resources, public services, and public facilities. 18 (6) Property rights. Private property shall not be taken for 19 public use without just compensation having been made. The property 20 rights of landowners shall be protected from arbitrary and 21 discriminatory actions. 22 (7) Permits. Applications for both state and local government 23 permits should be processed in a timely and fair manner to ensure 24 predictability. 25 (8) Natural resource industries. Maintain and enhance natural 26 resource -based industries, including productive timber, agricultural, 27 and fisheries industries. Encourage the conservation of productive 28 forestlands and productive agricultural lands, and discourage 29 incompatible uses. 30 (9) Open space and recreation. Retain open space, enhance 31 recreational opportunities, conserve fish and wildlife habitat, 32 increase access to natural resource lands and water, and develop 33 parks and recreation facilities. 34 (10) Environment. Protect the environment and enhance the state's 35 high quality of life, including air and water quality, and the 36 availability of water. 37 (11) Citizen participation and coordination. Encourage the 38 involvement of citizens in the planning process and ensure 39 coordination between communities and jurisdictions to reconcile 40 conflicts. p. 2 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 (12) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards. (13) Historic preservation. Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance. Sec. 2. RCW 36.70A.070 and 2017 3rd sp.s. c 18 s 4 and 2017 3rd sp.s. c 16 s 4 are each reenacted and amended to read as follows: The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140. Each comprehensive plan shall include a plan, scheme, or design for each of the following: (1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and other land uses. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall provide for protection of the quality and quantity of groundwater used for public water supplies. Wherever possible, the land use element should consider utilizing urban planning approaches that promote physical activity. Where applicable, the land use element shall review drainage, flooding, and stormwater runoff in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound. (2) A housing element ensuring the vitality and uharacLer of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs that identifies the number of housing units necessary p. 3 E2SHB 1220.PL I to manage projected growth, as _provided by the department of 2 com:nerce, including: 3 i Units for moderate low, very low, and extremely low-income 4 households; and 5 (ii) Emergency housing, emergency shelters, and permanent 6 supportive housing; 7 (b) ((Inge?)) Includes a statement of goals, policies, 8 objectives, and mandatory provisions for the preservation, 9 improvement, and development of housing, including single-family 10 residences, and within an urban growth area boundary, moderate 11 density housing options including but not limited to, duplexes, 12 triplexes, and townhomes; 13 (c) (O:dentifle )) Identifies sufficient capacity of land for 14 housing((T)) including, but not limited to, government -assisted 15 housing, housing for ( (lew,IneeFfte faiei i er) ) moderate, low, very_ low,_ 16 and extremely low-income households, manufactured housing, 17 multifamily housing, ( (ate) ) group homes ( (ate) ) L foster, care 18 facilities, emergency housing, emergency shelters, _permanent 19 supportive housing, and within an urban growth area boundary, 20--onsideration of duplexes, triplexes, and townhomes; ((ate}) 21 (d) ((makes)) Makes adequate provisions for existing and 22 projected reeds of all economic segments of the community, including: 23 i Incoruoratina consideration for low, very low, extremely low, 24 and. moderate -income households; 25(ii) Documenting nroarams and actions needed to achieve housing 26 availability including gaps in local funding, barriers such as 27 development regulations, and other limitations; 28 (iii) Consideration of housing locations in relation to 29 emplaY-ment location; -a 30 iv Consideration of the role of accessory dwelling nits in 31 meeting housing needs; 32 e Identifies local olicies and regulations that result in 33 racially disparate impacts, displacement, and exclusion_ in housing, 34 including- 35 i Zoning that may have a discriminatory effect- 36 (ii) Disinvestment; and 37 (iii) Inf-rastructure availability; 38 (f) identifies and implements policies and regulations to address 39 and begin to undo racially dis2arate impacts. displacement. and 40 exclusion in housing caused by local policies, plans, a,d actions: p. 4 E2SHB 1220.PL 1 Identifie areas that may be at higher risk of displacement 2 from market forces that occur with chancres to zoningdevelo ment 3 regulations and capital investments; ang 4 h Establishes antidis lacement olicie with consideration 5 given to the 1preservatipn of historical and cultural commu:-�'i_es as 6 well as investments in low, v@EY low, extremely low, and moderate- 7 income housing; ecruitable development init iatives• inclusionary 8 zonin community lannin reauir meets• tenant protectionsi land 9 dispositionpolicies; and consideration of land that may be used for 10 affordable housing. 11 In counties and cities subject to the review and evaluation 12 requirements of RCW 36.70A.215, any revision to the housing element 13 shall include consideration of prior review and evaluation reports 14 and any reasonable measures identified. The_ housing element should 15 link iurisdictiona3 oals with overall -county goals to ensure that 16 the housing element goals are met. 17 (3) A capital facilities plan element consisting of: (a) An 18 inventory of existing capital facilities owned by public entities, 19 showing the locations and capacities of the capital facilities; (b) a 20 forecast of the future needs for such capital facilities;- (c) the 21 proposed locations and capacities of expanded or new capital 22 facilities; (d) at least a six -year plan that will finance such 23 capital facilities within projected funding capacities and clearly 24 identifies sources of public money for such purposes; and (e) a 25 requirement to reassess the land use element if probable funding 26 falls short of meeting existing needs and to ensure that the land use 27 element, capital facilities plan element, and financing plan within 28 the capital facilities plan element are coordinated and consistent. 29 Park and recreation facilities shall be included in the capital 30 facilities plan element. 31 (4) A utilities element consisting of the general location, 32 proposed location, and capacity of all existing and proposed 33 utilities, including, but not limited to, electrical lines, 34 telecommunication lines, and natural gas lines. 35 (5) Rural element. Counties shall include a rural element 36 including lands that are not designated for urban growth, 37 agriculture, forest, or mineral resources. The following provisions 38 shall apply to the rural element: 39 (a) Growth management act goals and local circumstances. Because 40 circumstances vary from county to county, in establishing patterns of p. 5 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 rural densities and uses, a county may consider local circumstances, but shall develop a written record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements of this chapter. (b) Rural development. The rural element shall permit rural development, forestry, and agriculture in rural areas. The rural element shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses. To achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural economic advancement, densities, and uses that are not characterized by urban growth and that are consistent with rural character. (c) Measures governing rural development. The rural element shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by: (i) Containing or otherwise controlling rural development; (ii) Assuring visual compatibility of rural development with the surrounding rural area; (iii) Reducing the inappropriate conversion of undeveloped land into sprawling, low -density development in the rural area; (iv) Protecting critical areas, as provided in RCW 36.70A.060, and surface water and groundwater resources; and (v) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170. (d) Limited areas of more intensive rural development. Subject to the requirements of this subsection and except as otherwise specifically provided in this subsection (5)(d), the rural element may allow for limited areas of more intensive rural development, including necessary public facilities and public services to serve the limited area as follows: (i) Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed -use areas, whether characterized as shoreline development, villages, hamlets, rural activity centers, or crossroads developments. (A) A commercial, industrial, residential, shoreline, or mixed - use area are subject to the requirements of (d)(iv) of this p. 6 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 subsection, but are not subject to the requirements of (c)(ii) and (iii) of this subsection. (B) Any development or redevelopment other than an industrial area or an industrial use within a mixed -use area or an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population. (C) Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas. Development and redevelopment may include changes in use from vacant land or a previously existing use so long as the new use conforms to the requirements of this subsection (5); (ii) The intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting, but that do not include new residential development. A small-scale recreation or tourist use is not required to be principally designed to serve the existing and projected rural population. Public services and public facilities shall be limited to those necessary to serve the recreation or tourist use and shall be provided in a manner that does not permit low -density sprawl; (iii) The intensification of development on lots containing isolated nonresidential uses or new development of isolated - cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents. Rural counties may allow the expansion of small- scale businesses as long as those small-scale businesses conform with the rural character of the area as defined by the local government according to RCW 36.70A.030(((16))) (23). Rural counties may also allow new small-scale businesses to utilize a site previously occupied by an existing business as long as the new small-scale business conforms to the rural character of the area as defined by the local government according to RCW 36.70A.030(((16))) (23). Public services and public facilities shall be limited to those necessary to serve the isolated nonresidential use and shall be provided in a manner that does not permit low -density sprawl; (iv) A county shall adopt measures to minimize and contain the existing areas or uses of more intensive rural development, as appropriate, authorized under this subsection. Lands included in such p. 7 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 existing areas or uses shall not extend beyond the logical outer boundary of the existing area or use, thereby allowing a new pattern of low -density sprawl. Existing areas are those that are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands if limited as provided in this subsection. The county shall establish the logical outer boundary of an area of more intensive rural development. In establishing the logical outer boundary, the county shall address (A) the need to preserve the character of existing natural neighborhoods and communities, (B) physical boundaries, such as bodies of water, streets and highways, and land forms and contours, (C) the prevention of abnormally irregular boundaries, and (D) the ability to provide public facilities and public services in a manner that does not permit low - density sprawl; (v) For purposes of (d) of this subsection, an existing area or existing use is one that was in existence: (A) On July 1, 1990, in a county that was initially required to plan under all of the provisions of this chapter; (B) On the date the county adopted a resolution under RCW 36.70A.040(2), in a county that is planning under all of the provisions of this chapter under RCW 36.70A.040(2); or (C) On the date the office of financial management certifies the county's population as provided in RCW 36.70A.040(5), in a county that is planning under all of the provisions of this chapter pursuant to RCW 36.70A.040(5). (e) Exception. This subsection shall not be interpreted to permit in the rural area a major industrial development or a master planned resort unless otherwise specifically permitted under RCW 36.70A.360 and 36.70A.365. (6) A transportation element that implements, and is consistent with, the land use element. (a) The transportation element shall include the following subelements: (i) Land use assumptions used in estimating travel; (ii) Estimated traffic impacts to state-owned transportation facilities resulting from land use assumptions to assist the department of transportation in monitoring the performance of state facilities, to plan improvements for the facilities, and to assess P. 8 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 L7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 90 the impact of land -use decisions on state-owned transportation facilities; (iii) Facilities and services needs, including: (A) An inventory of air, water, and ground transportation facilities and services, including transit alignments and general aviation airport facilities, to define existing capital facilities and travel levels as a basis for future planning. This inventory must include state-owned transportation facilities within the city or county's jurisdictional boundaries; (B) Level of service standards for all locally owned arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated; (C) For state-owned transportation facilities, level of service standards for highways, as prescribed in chapters 47.06 and 47.80 RCW, to gauge the performance of the system. The purposes of reflecting level of service standards for state highways in the local comprehensive plan are to monitor the performance of the system, to evaluate improvement strategies, and to facilitate coordination between the county's or city's six -year street, road, or transit program and the office of financial management's ten-year investment program. The concurrency requirements of (b) of this subsection do not apply to transportation facilities and services of statewide significance except for counties consisting of islands whose only connection to the mainland are state highways or ferry routes. In these island counties, state highways and ferry route capacity must be a factor in meeting the concurrency requirements in (b) of this subsection; (D) Specific actions and requirements for bringing into compliance locally owned transportation facilities or services that are below an established level of service standard; (E) Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth; (F) Identification of state and local system needs to meet current and future demands. Identified needs on state-owned transportation facilities must be consistent with the statewide multimodal transportation plan required under chapter 47.06 RCW; (iv) Finance, including: (A) An analysis of funding capability to judge nccdr, against probable funding resources; P. 9 E2SHB 1220.PL 22 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (B) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six -year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems. The multiyear financing plan should be coordinated with the ten-year investment program developed by the office of financial management as required by RCW 47.05.030; (C) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met; (v) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions; (vi) Demand -management strategies; (vii) Pedestrian and bicycle component to include collaborative efforts to identify and designate planned improvements for pedestrian and bicycle facilities and corridors that address and encourage enhanced community access and promote healthy lifestyles- (b) After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the co-.7:rehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride -sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6), "concurrent with the development" means that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years. If the collection of impact fees is delayed under RCW 82.02.050(3), the six -year period required by this subsection (6)(b) must begin after full payment of all impact tees is due to the county or city. (c) The transportation element described in this subsection (6), the six -year plans required by RCW 35.77.010 for cities, RCW P. 10 E2SHB 1220.PL 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems, and the ten-year investment program required by RCW 47.05.030 for the state, must be consistent. (7) An economic development element establishing local goals, policies, objectives, and provisions for economic growth and"vitality and a high quality of life. A city that has chosen to be a residential community is exempt from the economic development element requirement of this subsection. (8) A park and recreation element that implements, and is consistent with, the capital facilities plan element as it relates to park and recreation facilities. The element shall include: (a) Estimates of park and recreation demand for at least a ten-year period; (b) an evaluation of facilities and service needs; and (c) an evaluation of intergovernmental coordination opportunities to provide regional approaches for meeting park and recreational demand. (9) It is the intent that new or amended elements required after January 1, 2002, be adopted concurrent with the scheduled update provided in RCW 36.70A.130. Requirements to incorporate any such new or amended elements shall be null and void until funds sufficient to cover applicable local government costs are appropriated and distributed by the state at least two years before local government must update comprehensive plans as required in RCW 36.70A.130. NEW SECTION. Sec. 3. A new section is added to chapter 35A.21 RCW to read as follows: A code city shall not prohibit transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed. Effective September 30, 2021, a code city shall not prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed, except in such cities that have adopted an ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within a one -mile proximity to transit. Reasonable occupancy, spacing, and intensity of use requirements may be imposed by ordinance on permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters to protect public health and safety. Any such requirements on occupancy, spacing, and intensity of use may not prevent the siting of a sufficient number of permanent supportive housing, transitional housing, indoor emergency housing, or indoor emergency shelters necessary to accommodate each code P. 11 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 city's projected need for such housing and shelter under RCW 36.70A.070(2)(a)(ii). NEW SECTION. Sec. 4. A new section is added to chapter 35.21 RCW to read as follows: A city shall not prohibit transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed. Effective September 30, 2021, a city shall not prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed, except in such cities that have adopted an ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within a one -mile proximity to transit. Reasonable occupancy, spacing, and intensity of use requirements may be imposed by ordinance on permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters to protect public health and safety. Any such requirements on occupancy, spacing, and intensity of use may not prevent the siting of a sufficient number of permanent supportive housing, transitional housing, indoor emergency housing, or indoor emergency shelters necessary to accommodate each city's projected need for such housing and shelter under RCW 36.70A.070(2)(a)(ii). Sec. 5. RCW 36.70A.390 and 1992 c 207 s 6 are each amended to read as follows: A county or city governing body that adopts a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the governing body received a recommendation on the matter from the planning commission or department. If the governing body does not adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official control adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium, interim zoning map, interim zoning ordinance, p. 12 E2SHB 1220.PL 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 or interim official control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. This section does not apply to the designation of critical areas, agricultural lands, forestlands, and mineral resource lands, under RCW 36.70A.170, and the conservation of these lands and protection of these areas under RCW 36.70A.060, prior to such actions being taken in a comprehensive plan adopted under RCW 36.70A.070 and implementing development regulations adopted under RCW 36.70A.120, if a public hearing is held on such proposed actions. This section dces noz apnLy to ordinances or development regulations adooted by a city that prohibit building permit applications for or the construction of transitional housing or permanent supuortive housing in any zones in which residential dwelling units or hotels are allowed or _prohibit building permit applications for or the construction of indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed. Sec. 6. RCW 36.70A.030 and 2020 c 173 s 4 are each amended to read as follows: Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan. (2) "Affordable housing" means, unless the context clearly indicates otherwise, residential housing whose monthly costs, including utilities other than telephone, do not exceed thirty percent of the monthly income of a household whose income is: (a) For rental housing, sixty percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development; or (b) For owner -occupied housing, eighty percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. (3) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, p. 13 E2SHR 1220.PL L/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production. (4) "City" means any city or town, including a code city. (5) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter. (6) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas. "Fish and wildlife habitat conservation areas" does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company. (7) "Department" means the department of commerce. (8) "Development regulations" or "regulation" means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city. (9) "Emergency housing" means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming_homal4gss-that _is intended to address the basic health, food, clothing, and -personal hygiene needs of zngli_viduals or families. -EmercTency hgysinq may or may not re uire ccu ants to enter into a lease or an occupancy agreement. 1 "Emergency shelter" means a facility that i3rovides a temporary shelter for individuals or families who are current! homeless. Emergency shelter may not require occupants to enter into a lease or an occu33ancy agreement. Emerciency shelter facilities may p. 14 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 include day and warming centers that do now provide overnight accommodations. (11) "Extremely low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below thirty percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. (((10))) (12) "Forestland" means land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance. In determining whether forestland is primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, the following factors shall be considered: (a) The proximity of the land to urban, suburban, and rural settlements; (b) surrounding parcel size and the compatibility and intensity of adjacent and nearby land uses; (c) long-term local economic conditions that affect the ability to manage for timber production; and (d) the availability of public facilities and services conducive to conversion of forestland to other uses. (({!))) [13) "Freight rail dependent uses" means buildings and other infrastructure that are used in the fabrication, processing, storage, and transport of goods where the use is dependent on and makes use of an adjacent short line railroad. Such facilities are both urban and rural development for purposes of this chapter. "Freight rail dependent uses" does not include buildings and other infrastructure that are used in the fabrication, processing, storage, and transport of coal, liquefied natural gas, or "crude oil" as defined in RCW 90.56.010. (((12))) (14) "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns. (((13))) (15) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's p. 15 E2SHB 1220.PL 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 proximity to population areas, and the possibility of more intense uses of the land. (((14))) (16) "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below eighty percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development. (({1-S})) 117a "Minerals" include gravel, sand, and valuable metallic substances. (((16))) 1$ "Moderate -income household" means a single person, family. or unrelated persons living together whose adjusted income is at or below 120 percent of the median household income adjusted for household size for the county where the household is located, as reported by the United States department of housinct and urban development. (19) "Permanent supportive housing" is subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on -site or off -site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing wiLh community -based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in chapter 59.18 RCW. (({1:7))) L2Q) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools. (({18})) i2iZ "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services. p. 16 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 L0 L1 L2 L3 L4 L5 L6 L7 L8 L9 ?0 ?1 ?2 ?3 ?4 ?5 ?6 ?7 ?8 ?9 30 31 32 33 34 35 36 37 38 39 (((19) )) (22) "Recreational land" means land so designated under RCW 36.70A.1701 and that, immediately prior to this designation, was designated as agricultural land of long-term commercial significance under RCW 36.70A.170. Recreational land must have playing fields and supporting facilities existing before July 1, 2004, for sports played on grass playing fields. (((29))) (23) "Rural character" refers to the patterns of land use and development established by a county in the rural element of its comprehensive plan: (a) In which open space, the natural landscape, and vegetation predominate over the built environment; (b) That foster traditional rural lifestyles, rural -based economies, and opportunities to both live and work in rural areas; (c) That provide visual landscapes that are traditionally found in rural areas and communities; (d) That are compatible with the use of the land by wildlife and for fish and wildlife habitat; (e) That reduce the inappropriate conversion of undeveloped land into sprawling, low -density development; (f) That generally do not require the extension of urban governmental services; and (g) That are consistent with the protection of natural surface water flows and groundwater and surface water recharge and discharge areas. (((21))) (24) "Rural development" refers to development outside the urban growth area and outside agricultural, forest, and mineral resource lands designated pursuant to RCW 36.70A.170. Rural development can consist of a variety of uses and residential densities, including clustered residential development, at levels that are consistent with the preservation of rural character and the requirements of the rural element. Rural development does not refer to agriculture or forestry activities that may be conducted in rural areas. (((22))) (25) "Rural governmental services" or "rural services" include those public services and public facilities historically and typically delivered at an intensity usually found in rural areas, and may include domestic water systems, fire and police protection services, transportation and public transit services, and other public utilities associated with rural development and normally not p. 17 E2SHB 1220.PL 1 associated with urban areas. Rural services do not include storm or 2 sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4). 3 (((23) )) (26]- "Short line railroad" means those railroad lines 4 designated class II or class III by the United States surface 5 transportation board. 6 (((2 4))) (27) "Urban governmental services" or "urban services" 7 include those public services and public facilities at an intensity 8 historically and typically provided in cities, specifically including 9 storm_ and sanitary sewer systems, domestic water systems, street 10 cleaning services, fire and police protection services, public 11 transit services, and other public utilities associated with urban 12 areas and normally not associated with rural areas. 13 M-25))) (28) "Urban growth" refers to growth that makes 14 intensive use of land for the location of buildings, structures, and 15 impermeable surfaces to such a degree as to be incompatible with the 16 primary use of land for the production of food, other agricultural 17 products, or fiber, or the extraction of mineral resources, rural 18 uses, rural development, and natural resource lands designated 19 pursuant to RCW 36.70A.170. A pattern of more intensive rural 20 development, as provided in RCW 36.70A.070(5)(d), is not urban 21 growth. When allowed to spread over wide areas, urban growth 22 typically requires urban governmental services. "Characterized by 23 urban growth" refers to land having urban growth located on it, or to 24 land located in relationship to an area with urban growth on it as to 25 be appropriate for urban growth. 26 (((261)) SL2a "Urban growth areas" means those areas designated 27 by a county pursuant to RCW 36.70A.110. 28 (( :1) ±L ; "Very low-income household" means a single person, 29 family, or unrelated persons living together whose adjusted income is 30 at or below fifty percent of the median household income adjusted for 31 household size, for the county where the household is located, as 32 reported by the United States department of housing and urban 33 development. 34 (((28) )) (31). "Wetland" or "wetlands" means areas that are 35 inundated or saturated by surface water or groundwater at a frequency 36 and duration sufficient to support, and that under normal 37 circumstances do support, a prevalence of vegetation typically 38 adapted for life in saturated soil conditions. Wetlands generally 39 include swamps, marshes, bogs, and similar areas. Wetlands do not 40 include those artificial wetlands intentionally created from p. 18 E2SHB 1220.PL 1 nonwetland sites, including, but not limited to, irrigation and 2 drainage ditches, grass -lined swales, canals, detention facilities, 3 wastewater treatment facilities, farm ponds, and landscape amenities, 4 or those wetlands created after July 1, 1990, that were 5 unintentionally created as a result of the construction of a road, 6 street, or highway. Wetlands may include those artificial wetlands 7 intentionally created from nonwetland areas created to mitigate 8 conversion of wetlands. 9 NEW SECTION. Sec. 7. A new section is added to chapter 36.70A 10 RCW to read as follows: 11 In addition to ordinances, development regulations, and other 12 official controls adopted or amended, a city or county should 13 consider policies to encourage the construction of accessory dwelling 14 units as a way to meet affordable housing goals. These policies could 15 include, but are not limited to: 16 (1) The city or county may not require the owner of a lot on 17 which there is an accessory dwelling unit to reside in or occupy the 18 accessory dwelling unit or another housing unit on the same lot; 19 (2) The city or county may require the owner not to use the 20 accessory dwelling unit for short-term rentals; 21 (3) The city or county may not count residents of accessory 22 dwelling units against existing limits on the number of unrelated 23 residents on a lot; 24 (4) The city or county may not establish a minimum gross floor 25 area for accessory dwelling units that exceeds the state building 26 code; 27 (5) The city or county must make the same allowances for 28 accessory dwelling units' roof decks, balconies, and porches to 29 encroach on setbacks as are allowed for the principal unit; 30 (6) The city or county must apply abutting lot setbacks to 31 accessory dwelling units on lots abutting zones with lower setback 32 requirements; 33 (7) The city or county must establish an amnesty program to help 34 owners of unpermitted accessory dwelling units to obtain a permit; 35 (8) The city ❑r county met pm_rmit accessory dwelling units in 36 structures detached from the principal unit, must allow an accessory 37 dwelling unit on any lot that meets the minimum lot size required for 38 the principal unit, and must allow attached accessory dwelling units 39 on any lot with a principal unit that is nonconforming solely because P. 19 E2SHB 1220.PL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 the lot is smaller than the minimum size, as long as the accessory dwelling unit would not increase nonconformity of the residential use with respect to building height, bulk, or lot coverage; (9) The city or county may not establish a maximum gross floor area requirement for accessory dwelling units that are less than 1,000 square feet or 60 percent of the principal unit, whichever is greater, or that exceeds 1,200 square feet; (10) A city or county must allow accessory dwelling units to be converted from existing structures, including but not limited to detached garages, even if they violate current code requirements for setbacks or lot coverage; (11) A city or county may not require public street improvements as a condition of permitting accessory dwelling units; and (12) A city or county may require a new or separate utility connection between an accessory dwelling unit and a utility only when necessary to be consistent with water availability requirements, water system plans, small water system management plans, or established policies adopted by the water or sewer utility provider. If such a connection is necessary, the connection fees and capacity charges must: (a) Be proportionate to the burden of the proposed accessory dwelling unit upon the water or sewer system; and (b) Not exceed the reasonable cost of providing the service. p. 20 E2SHB 1220.PL Exhibit 2: Planning Commission Response Metro CITY Of Federal Way Cenr"W on Opportunity MEMORANDUM DATE: 25 August 2021 TO: Federal Way Plantung Commission FROM: Brian Davis Director of Community Development Keith Niven, ART, (.EcD Planning :llantger COMMUNITY DEVELOPMENT DEPARTMENT 33325 8'^ Avenue South Federal Way, WA 98003-6325 253-835-7000 www.rilyoffederalway.com Jim Ferrell, Mayor SU13JECT: Response Memo — Proposed Code Amendments For Permanent Supportive Housing and Emergency Housing And Shelter (File 21-103086-00-UP) "111c following issues -,vere discussed as part of the Public I Tearing on 18 August 2021 relating to the Proposed code amendments. Staffs response follows ffic issue raised. 1. I low \vill the Department of Commerce determine the Need for l;ederal Way and will existing units count towards meeting the City's need? Under I113 1220, cities must inventory and analyze existing and projected housing needs for permanent supportive housing and transitional housing and emergency housing and shelter. As a result, existing units will be analyzed and incorporated into determining future need. Staff also sent a request for additional information to the Department of Commerce on "lliursdav, 19 August 2 Staff received the following response from Commerce: "We arc engaging a consultant to provide the projections of housing for next year. We do not have a current methodology, and will expect our consultant to work with King Count}- and other jurisdictions to develop the methodology to project housing need — for all income segments, and for the temporary and emergency housing and PSI 1. Were you looking at the shelters, transitional housing and PSI I? We don't have anything for that right now. I was looking at King C:ounty's subregional estimates for that housing need with another jurisdiction, and then estimating portion, projecting ahead, and using that as the basis of "allowing" those types of housing. We are recommending classic "show your work" cover for your code amendments." 2. Retook at the methodology for determining need. .See.-Vachinew l 3. The presentation identifies investments in permanent supportive housing have helped decrease the number of chronically homeless individuals by eight percent since 2007. Does King County have an expectation for success from the housing First approach? Staff called King County Department of Community and Human Services on I:ridav, 20 August 2021. Staff received the following information from King County: 35 For PSH our region has the following performance expectations for permanent supportive housing. IPJSIGMTS How are our programs performing overall? 7/1/2020 to 6/30/2021 Pefrranently Average Length Return to Homeless Util"bon Houwd ofStay (days) Hometassnesc Entries Rate 96% N/A 2% 78% 96% "Our expectation for PSH are as follows: • Permanently Housed: 90% of people referred to PSH are permanently housing • Le-ng►th of Stay: N/A, because the expectation is that people stay permanently • Return to Homelessness: 5% (adults and families)... meaning that 95% retain their permanent supportive housing • Homeless Entries: 90% are literally homeless at entry to PSH • l.r[ilixation bare: 85%. ref all P51 i units are leased at all times w/ire a building (and across the: system)" Parking requirements should account for employees. i,%Yd Staff looked fbr similar "amplcs of housing anal employees being in the: same facility in the ctxie and wciuld su,cv( the numhcr t)f spaces for employees be handled similar w the proviswris for con'.,lesccnt center.-;. Staff would svkq,,est the following ing revisions: Zone Initial Proposal Updated Proposal 51: 1-2/units 1-2/units and 1 for e■-erv2cmphwees SF 1-2/units 1-2/unit; and 1 for earn• 2 employees MF 1-2/units 1-2/units and 1 for every 2 cmplertees NB 1-2/units 1-2/units and 1 for overt' 2 empk?yccs CB 1-2/units 1-2/unist and 1 ft:r every 2 unplovec% j CC-C 1-2/units 1-2/units and 1 for every 2 employees CC-F 1-2/units 1-2/units and 1 for every 2 employees CL 1-2/unit: 1-2/units and 1 for cvm 2 employees 36 5- Does the city know, how many shelter and PSl-1 mitts exist in the city currently? The city currently docs not keep a database of this information. l iowever, Community Ser►iccs staff idcnrifed the foilowing existing units, which represent the city's bast estimate of currently existing; units: PenNa►ren! .S'►0p)- ire l l au ink - Multi-Seryicc Ccnter, V-1111amj Wood Cor ►•cterans and their families: 44 units 7 -wasilianal Ho rri►ry: - FUSION, scattered site for fama%, 20± units sloci1er - FUSION: family shelter, 29 rooms - CCS, Temporan- location for adults: 20± double occupancy rooms beds (Red Lion) G. How many households in Federal Way are currently at imminent risk of becoming homeless? From the draft Housing Action Plan: Severely Cost Burdened (paying 50%+ of income for housing): O►nncaNp — 5,861 Revid — 4,093 Tobd — 9,954 households The city does not have access to any other data to help inform this response. 7. Is these a way to prioriti-r_e housing for Families? Staff is unaware of a way to write code to address this desired outcome. This seems more appropriate to be included as a nc,cv policy for the comprehensive plan when the housing etcmcnt is updated. K. Can the spacing for single-family be increased? Potentially yes: a. Increase the separation requirement from ''- nide to 1 mile (.1'cc Attagh real 3J 9. Can the city require the operators to require baclq rrrund checks for residents? See lll 0owea 2 lo. Can the city require trcatmenr for residents with substance addictions? Sec . Ulaehmenl 2 37 11. Delay these proposed amendments until the city can review peer cities ordinances. It is staffs recommendation that the Planning Commission recommend to the Council the adoption of the proposed code amendments as revised. As was stated in the hearing on 18 August 2021, by adopting the new code, the city will have protection measures in place that will not be part of code if these amendments are postponed. After the statutory deadline for compliance on SLptember 25, all cities will be subject to state law which mandates allowance of shelter and PSH uses. This means an unlimited number of shelter or PSH projects could be built in a city that has not adopted standards and limitations such as those being proposed. 12. Can the city provide a map showing spacing for single-family zones? See _milliathmew 3 RECOMMENDATION a. Revise the proposed parking requirements as contained in this memorandum; and b. Include the operational requirements (/Ilktrl mew -); and c. Increase the separation for single-family zones to 1 mile. W ATTACHMENT 1— Reevaluating Projected Need 1. Staff reached out to other cities to understand how they forecasted need. 2. Staff reread and re-evaluated the Point -in -Time Count 1. Outreach to other cities, their responses are provided below Kent: "...did not include a forecast number as part of their code revision process, we are proposing to reexamine the standards after the cite receives information from Commerce" Auburn: ""The legislation specifies to be effective the implementation must funded by the legislature. Even if this should change and the legislature provides funds, the city has been receptive to parts of HB 1220 and did not feel that a more immediate response by the unrealistic deadline in September is required, if we are making progress towards implementation of some of the provisions. Auburn has recently been selected as one of the sites for King (.ounty's health through Housing project sites for conversion of a hotel and with our Mayor's support." Tukwila: "Tukwila is not trying to estimate what commerce may decide is our projected need. Our draft ordinance caps the size of facilities by zone and includes spacing and location requirements. If those constrain the number of facilities below what is later calculated as our need we will reevaluate then." Des Moines: "We have yet to calculate the need but our initial approach is to do the following: - Calculate the percentage of DM population within the Point -in -Time Count extent - Use the same percentage of DNI on the total point -in -time count - N-value provides a general estimate - Review past time counts to determine trend (if any) and consider what the amount would need to be in the next 5 years based on calculation" SeaTae: "As to the Projected Need number, staff has landed on 100-150 people. I-Iow we came to this range: ■ We believe the intent of this portion of legislation is to provide for currently homeless, those at imminent risk of homelessness, and those chronically homeless (for permanent supportive housing). r Based on that we turned to the King County 2020 Point -in -Time Count: 2020 Seattle/King County Point -in -Time Count of Individuals Experiencing Homelessness ■ Utilizing the Point -in -Time Count, ScaTac's proportional share of homeless was 99. We went up to 150 due to a statement in the county report that the numbers were found were most likely an undercount." Renton: "To estimate the projected need for•emergency housing and shelters, staff used data from the 2020 Seattle/King County Point -in -Time Count of Individuals Experiencing Homelessness ((,ount-Us-In-2020-Pinal.pdf (kcrha.org)). Because Renton accounts for approximately 17.5% of the southwest population, staff posits that the city's projected need for emergency housing and shelters.is approximately 329 beds (17.5% of 1,880)." W� 2. Point -in -'rime Count — reevaluation a. Is 17°% an accurate representation of Federal \Vav's share? Staffs extrapolation of Federal \Vay's share of SW King County (17"/(,) is consistent \vlth the methodology used by Renton, Sedrac, lies Moines and Covington. Staff did not receive a response from staffs request for more specific data for the city (email sent to A llhome on 19 August 2021). No changes are recommended. b. Is the Point -in -Time Count an under -representation? The Point -in -Time Count is a statistically significant measurement of the number of homeless individuals on one night per year in Ianuary. The Point -in -Time Count is generally considered to be an under -representation of the total number of homeless individuals; however, the degree of under -representation is unclear and has not been quantified. Two factors contribute to a potential under -representation are methodology of count, as well as the use of a single count on a single night of the year. c. Should the city apply a multiplier to determine its Projected Deed? \o. Although the city believes the Point -in -Time Count is generally considered to be under - representative of the total number of homeless individuals as discussed above, staff are recommending no multiplier be applied for the following reasons: i. The statistical accuracy claimed by the authors of the study (95°/0); it. "lhe 21 QO data included an internal "multiplier" used in previous years to account for individuals in cars or vacant buildings that could not be physically seen and counted by surveyors; fit. Although staff initially sugg►estcd using a 2.5 multiplier based on a 2001 study analyzing nationwide Point -in -Time counts, the Commission raised concerns this study was dated and may not reflect the accuraev of the 2020 Seattle/King Count- Count; and iv. The Point -in -Time Count counts individuals. However, dic Projected Deed for the city is calculated on a per -unit basis, as opposed to an individual basis. Invariably, some units will be occupied by individuals and some by households of two or more. As provided in the report (see the table below), almost 2714, of the 11,751 counted individuals ,N-erc part of a household. By basing the city's projected unit need on our proportionate share of the 11,751 individuals — as opposed to our proportionate share of households — the eit 's methodologn• creates a built-in 27'1, buffer to account for any potential undercount resulting from the Point -in -Time study. HUD Reported Data: Household Totals Totals — — — Sheltered Sheltered Sha tared Unshehered T tal ES TH + SH Total number of households 3I35 977 I 81 4320 8622 Total number of persons 4085 2007 81 1 5578 11751 no] 3. Conclusion: Revise the Projected Need for Federal Way from 1,123 to 450 (combined PSH and Shelter), consisting of 194 units (4i"/4) of emergency housing; and shelter; and, 256 units (57N..) of pernLanent supportive housing and transitional housing. '11icse percentages arc dem ed from the respective Proportions of transitional housing, disabled housing, and shelter housing found in the Point -in -'lime Count. "Taking the existing count as well as what is in the Pipeline (Ding County- Proposals): Projected Existing Proposed Remainder to meet Need Projected Need Emergency housing and 194 291 90 (Red lion) 75 emergency shelter Permanent supportive housing 256 64 101 (Extended Stay) 91 and transitional housing (There are an additional 20 units that are currently located at the Red lion that,.eill be part of the 90 proposed. RATIONALE a. Using the 2020 Seattle King County Point -in -Time Count is the best source of current data available to base the eity's Projected Need. b. Utilizing the best data available, taking die proportionate share of homeless from the Point -in -Time G)uFit For SAX" King; Count-- as a direct perccritagr of the riWs population as a percentage. of those cities and areas comprising the SW King County region (171/o) represents a reasonable, non -arbitrary decision and is consistent with other cities' approaches. c. 'rhere. are adequate reasons (as stated above) for not applying a multiplier to the final adjusted Point -in - Time Count, and no data or basis upon which to quantify- such an additional multiplier is available to the cite- at this time. 41 ATTACHMENT 2 — Additional Special Regulations and Notes Following review and consideration of comments from the Planning Commission, public comments, and review of the legality of imposing additional regulations, staff recornmend including tlic following as Special RcWtlations and Notes to each zone use chart as part of this amendment A. In single-family and multi -family residential zones, residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site is not allinved. B. A description of transit, pedestrian, and bicycle access from the subject site to services and schools must be provided to the residents. C. An operations plan must be provided that addresses the following elements: 1. Roles and responsibilities of key staff; 2. Site/facility manna�_,cment, including a security and emergence' plan; 3. Site/facility maintenance; 4. Occupancy policies, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior, and the on -site use and sale of illegal drugs; 5. Access to human and social services, including a staffing plan and expected outcome measures; and 6. Procedures for maintaining accurate and complete records. D. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, certifications or academic credentials in an applicable human service field, and/or applicable experience in a related prograin with people experiencing homelessness. F. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from current and prospective residents, and ..hall keep a log. containing this information. F. People ,vho are rcyuircd to register as a sex offender are prohibited from residing in the facility. G. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall fiAlow set protocol for contacting the l VTID and addressittg thusc n:trrants. 42 Attachment 3 — Single-family distribution at '/z mile (representative diagram) • • a 0 ° ❑ �. ❑ ❑ ❑ © ❑ ❑ ❑ ❑ Q ❑ ❑ ❑ ❑ 0. ❑ ❑ d ❑ ❑ Cl ❑ © ❑ ❑ Q ° ❑ ❑ ❑ ° ❑ Q� 0 °LI 44 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to permanent supportive housing and transitional housing, and emergency housing and shelter; amending FWRC 19.05.040, 19.05.050, 19.05.190, 19.205.080, 19.215.070, and 19.220.100; repealing FWRC 19.105.060 and 19.230.080; and adding new sections 19.195.015, 19.200.045, 19.220.105, 19.225.055, 19.225.075, 19.230.055, 19.230.065, 19.240.085, and 19.240.095. (Amending Ordinance Nos. 94-233, 96-270, 97-297, 99-333, 01-385, 02-423, 06-515, 07-559, 08-585, 09-593, 09-605, 09-610, 12-713, 13-754, 14-778, 15-797, 17-834, 18-850, 18-884, and 20-898.) WHEREAS, on May 12, 2021, the Washington State legislature enacted ESSHB 1220 ("HB 1220"), which after partial veto by Governor Jay Inslee became Chapter 254, Laws of 2021; and WHEREAS, HB 1220 took effect on July 25, 2021; and WHEREAS, HB 1220 Section 3 preempts code city zoning authority as follows: A code city shall not prohibit transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed. Effective September 30, 2021, a code city shall not prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed, except in such cities that have adopted an ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within a one -mile proximity to transit; and WHEREAS, HB 1220 expressly permits code cities to impose reasonable occupancy, spacing, and/or intensity of use requirements on permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters to protect public health and safety; and WHEREAS, any such requirements on occupancy, spacing, and intensity of use may not prevent the siting of a sufficient number of permanent supportive housing, transitional housing, Ordinance No. 21- Page 1 of 140 indoor emergency housing, or indoor emergency shelters necessary to accommodate each code city's projected need for such housing and shelter; and WHEREAS, the Washington State Department of Commerce ("Department of Commerce") has not provided the City of Federal Way ("City") with the inventory and analysis of the City's projected housing needs for permanent supportive housing, transitional housing, emergency housing, and emergency shelter as contemplated by HB 1220 Section 2; and WHEREAS, the City communicated with the Department of Commerce regarding the availability of the inventory and analysis of the City's projected housing needs for permanent supportive housing, transitional housing, emergency housing, and emergency shelter as contemplated by HB 1220 Section 2; and WHEREAS, the Department of Commerce indicated that it does not have the relevant data contemplated by HB 1220 Section 2, but is in the process of obtaining a consultant to develop the data over the coming months and anticipates having data available to send to King County by late 2022/early 2023; and WHEREAS, due to the lack of relevant data available from the Department of Commerce, the City Council of the City of Federal Way ("City Council") finds that it is reasonable and necessary to utilize existing and available data to determine the City's projected housing needs for permanent supportive housing, transitional housing, emergency housing, and emergency shelter until such time as the Department of Commerce provides the data regarding the City's projected need; and WHEREAS, the 2020 Seattle/King County Point -In -Time Count of Persons Experiencing Homelessness identified 1,937 sheltered and unsheltered individuals in Southwest King County as a whole; and Ordinance No. 21- Page 2 of 140 WHEREAS, the City's total population constitutes 17% of the total population of Southwest King County; and WHEREAS, applying the City's proportionate share of the overall population of Southwest King County (17%) to the total number of persons experiencing homelessness in Southwest King County (1937) results in the City's current proportionate share of persons experiencing homelessness equaling 329; and WHEREAS, data from the 2020 Seattle/King County Point -In -Time Count of Persons Experiencing Homelessness indicates that the number of people experiencing homelessness has increased at a rate of ten percent over the past four-year period and it is reasonable to assume that the current growth rate will continue; and WHEREAS, by the year 2040, the City's projected need, including existing and future permanent supportive housing, transitional housing, emergency housing, and emergency shelter in the City, will therefore equal 482; and WHEREAS, data from the 2020 Seattle/King County Point -In -Time Count of Persons Experiencing Homelessness and an inventory of existing permanent supportive housing, transitional housing, emergency housing, and emergency shelter in the City indicate that the projected need in the City should be divided into 43% emergency housing and emergency shelter, and 57% permanent supportive housing and transitional housing; and WHEREAS, reasonable intensity, spacing, and occupancy requirements on permanent supportive housing, transitional housing, emergency housing, and emergency shelter are necessary to protect public health and welfare, and must be based on data currently available to the City; and Ordinance No. 21- Page 3 of 140 WHEREAS, the reasonable intensity, spacing, and occupancy requirements contained in this ordinance do not prevent the siting of a sufficient number of permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelter necessary to accommodate the City's projected need for such housing and shelter; and WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for these code amendments on July 16, 2021, and no comments or appeals were received and the DNS was finalized on July 30, 2021 and the appeal period expired on August 23, 2021; and WHEREAS, the Planning Commission properly conducted a duly noticed Public Hearing on these code amendments on August 18, 2021 and September 1, 2021; and WHEREAS, on September 1, 2021, the Planning Commission sent the code amendments to the Land Use & Transportation Committee of the City Council with no recommendation as to adoption of the code amendments; and WHEREAS, the Land Use & Transportation Committee of the City Council of the City of Federal Way conducted a study session on these code amendments on September 13, 2021; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these code amendments on September 13, 2021, and recommended adoption of the code amendments; and 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 Ordinance No. 21- Page 4 of 140 necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, the City will review this ordinance for potential future amendment in April, 2022; 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 the new and amended development regulations for FWRC Title 19 allowing permanent supportive housing and transitional housing and emergency housing and shelter within the City of Federal Way to conform with state law, the City Comprehensive Plan, and the public health and safety. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Finding. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The recitals set forth above are hereby adopted and restated as findings of fact. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by ensuring conformance with state law, protecting public health and safety, and clarifying items within the Code resulting in less need for interpretation. (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. Ordinance No. 21- Page 5 of 140 (d) 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. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (f) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for 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: HP12: The FWRC and Land Use chapter of the FWCP will be coordinated to facilitate locating housing affordable to low-income, very low-income, and special needs households throughout the City, especially around the City Center and other areas that provide proximity to employment, safe and convenient access to transportation and human services, and adequate infrastructure to support housing development. HGS: Develop a range of affordable housing opportunities for low-income households consistent with the CWPPs and the needs of the community. HP21: Promote fair housing access to all persons without discrimination. Ordinance No. 21- Page 6 of'140 HG7: Develop a range of housing opportunities that meet the requirements of people with special housing needs, including the elderly, mentally ill, victims of domestic abuse, and persons with physical and/or developmental disabilities. HP39: Periodically review the FWRC and remove any regulatory barriers to locating special needs housing and emergency and transitional housing within the City as required by the federal Fair Housing Act, to avoid over -concentration, and to ensure uniform distribution throughout all residential and mixed -use zones. HP40: Review permit applications for special needs housing in close coordination with service providers and the City's Community Services Division. HP41: Assist special needs housing developers, local service organizations, and selfhelp groups to obtain funding and support. HP42: Ensure that access to special needs housing is provided without discrimination. HG8: Develop emergency shelter and transitional housing facilities for the homeless. HP43: Coordinate City actions related to homelessness with the City's Community Services Division and non-profit housing and human services providers. HP44: Emergency shelters should be permitted and regulated to ensure there are adequate opportunities to locate them within the City, to avoid overconcentration of facilities, to ensure that such facilities and housing are properly managed, and to avoid or mitigate significant impacts on existing residential neighborhoods or other surrounding uses. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they provide for a diverse number of supportive housing and shelter types to address temporary and chronic homelessness, including supportive services Ordinance No. 21- Page 7 of 140 designed to improve health and housing outcomes, while imposing reasonable occupancy, spacing, and intensity of use requirements on such uses to protect public health and safety. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they provide for a diverse number of supportive housing and shelter types to address temporary and chronic homelessness, including supportive services designed to improve health and housing outcomes, while imposing reasonable occupancy, spacing, and intensity of use requirements on such uses to protect public health and safety. Section 3. FWRC 19.05.040 is hereby amended to read as follows: 19.05.040 D definitions. "Day care facility, commercial" means the temporary, nonresidential care of persons on a recurring basis. See FWRC Title 19, Division VI, Zoning Regulations. "Dedication " means the deliberate appropriation of land by its owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purposes to which the property has been devoted. "Deleterious substance" includes, but is not limited to, chemical and microbial substances that are classified as hazardous materials, as defined in this chapter, whether the substances are in usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which monitoring requirements of treatment -based standards are enforced under Chapter 246- 290 WAC. "Development" means any human activity consisting of any construction, expansion, reduction, demolition, or exterior alteration of a building or structure; any use, or change in use, of a building or structure; any human -caused change to land whether at, above, or below ground or water level; and any use, or change in use, of land whether at, above, or below ground or water Ordinance No. 21- Page 8 of 140 level. Development includes, but is not limited to, any activity that requires a permit or approval under zoning ordinances, subdivision ordinances, building code ordinances, critical areas ordinances, all portions of a shoreline master program, surface water ordinances, planned unit development ordinances, binding site plan ordinances, and development agreements; including but not limited to any activity that requires a building permit, grading permit, shoreline substantial development permit, conditional use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding site plan, site development, or right-of-way use permit. Development also includes, but is not limited to, filling, grading, paving, dredging, excavation, mining, drilling, bulkheading; driving of piling; placing of obstructions to any right of public use; and the storage of equipment or materials. "Development regulation " means controls placed on development or land use, but does not include decisions to approve a project permit application even though they may be expressed in a resolution or ordinance. "Diameter at breast height (dbh) " means the diameter of a tree trunk as measured at four and one-half feet above the ground surface. "Director" means the director of the department of community development, also known as the department of community development services, unless the context indicates otherwise. "Distillery" means an establishment primarily engaged in the production of distilled spirits, including all of the equipment and materials required for such production, and may include accessory uses such as tours of the distillery, sales, and/or on -site consumption, e.g., a tasting room. "Domestic animal" means an animal which can be and is customarily kept or raised in a home or on a farm. Ordinance No. 21- Page 9 of 140 "Dredging" means removal of earth and other materials from a body of water, a watercourse, or a wetland. "Dredging spoils" means the earth and other materials removed from a body of water, a watercourse, or a wetland by dredging. "Driveway" means an area of the subject property designed to provide vehicular access to a parking area or structure located on the subject property. "Dry land" means the area of the subject property landward of the high-water line. "Dwelling unit" means one or more rooms in a structure or structures, excluding mobile homes and outdoor storage containers and similar structures used or designed to be used as living facilities, providing complete, independent living facilities exclusively for one family, including permanent provisions for living, sleeping, cooking and sanitation. A factory -built home or manufactured home is considered a dwelling unit under this title only if it meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. There are the following 102 types of dwelling units: (1) "Dwelling unit, attached" means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or other uses above or below it. (2) "Dwelling unit, detached" means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. (3) "Dwelling unit, efficiency" means a small one -room unit, which includes all living and cooking areas with a separate bathroom. (4) "Dwelling unit, stacked" means a dwelling unit that has one or more horizontal walls in common with or attached to one or more other dwelling units or other uses and may have one or Ordinance No. 21- Page 10 of 140 more vertical walls in common with or adjacent to one or more other dwelling units or other uses. (5) "Dwelling unit, multifamily" means a building containing two or more dwelling units, which are either attached or stacked. See definition of "dwelling unit, townhouse." (6) "Dwelling unit, senior citizen housing" means housing available for the exclusive occupancy of persons over 55 years of age. (7) "Dwelling unit, small lot detached" means detached residential dwelling units developed on multifamily -zoned property. Each unit is located on its own fee -simple lot. One of the dwelling unit's sides may rest on a lot line (zero lot line) when certain site development conditions are met. (8) "Dwelling unit, special needs housing" means housing not specifically defined by this title, and which will be processed under the classification most closely related to the proposed use, as determined by the director. (9) "Dwelling unit, studio" means a one -room unit, which includes all living and cooking areas with a separate bathroom. Studios may have a wide open living space, and are typically larger than an "efficiency apartment." Studio apartments can contain a loft. (10) "Dwelling unit, townhouse" means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (11) "Dwelling unit, zero lot line townhouse" means attached residential dwelling units with common (or "party") walls. Each unit is located on a lot in such a manner that one or more of the dwelling's sides rest on a lot line. Each unit has its own entrance opening to the outdoors (to the Ordinance No. 2 1 - Page 11 of 140 street, alley, or private tract) and, typically, each house is a complete entity with its own utility connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee simple. (12) "Dwellin unit, permanent sypportive housing and transitional housing" means housing. that combines low -barrier affordable housing, health care, and sUportive services for individuals and families experiencing, homelessness or at imminent risk of homelessness and persons with a disability that presents barriers to employment and housing stability. Permanent supportive housing may prioritize people who need comprehensive support services to retain tenancy and utilize admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing. Permanent supportive housing has no limit on length of stay, whereas transitional housing is typically no more than two years. Permanent supportive housing is paired with on -site or off -site voluntary services. Section 4. FWRC 19.05.050 is hereby amended to read as follows: 19.05.050 E definitions. "Easement" means the right to use the real property of another for a specific purpose. "EMF" means electromagnetic field, which is the field produced by the operation of equipment used in transmitting and receiving radio frequency signals. This term includes "radio frequency" or "RF radiation." "Erosion " means the removal and transport of soils or rock fragments by water, wind, ice, or similar natural forces. "Emer enc housing and shelter" means any permanent structure that provides temporary shelter or accommodations for individuals or families who are currently homeless or at imminent risk of Ordinance No. 21- Page 12 of 140 becoming homeless and may include day and warming centers that do not provide overnight accommodations. "Essential public facility" is any facility or conveyance that: (1) Is typically difficult to site due to unusual site requirements and/or significant public opposition; (2) Is a necessary component of a system, network or program which provides a public service or good; (3) Is owned or operated by a unit of local or state government, a private or nonprofit organization under contract with a unit of government or receiving government funding, or private firms subject to a public service obligation; and (4) Meets the following definitions of either a Class I or a Class II essential public facility: (a) Class I facilities are those facilities of a county, regional or state-wide nature intended to serve a population base that extends significantly beyond the boundaries of the city. Class I facilities may include several local jurisdictions or a significant share of the Puget Sound regional population and may include, but are not limited to, the following: (i) State or regional education facilities (except minor branch facilities), including: research facilities, university branch campuses, and community colleges; (ii) State or regional transportation facilities, including: light and/or standard rail lines, commuter terminals, transit centers, and park -and -ride lots in residential zones; (iii) State or regional correctional facilities; (iv) Solid waste handling facilities (large scale), including: transfer stations and recycling centers; (v) Sewage treatment plants; Ordinance No. 21- Page 13 of 140 (vi) Power plants; (b) Class II facilities are those facilities of a local nature intended to meet the service needs of the local community. Class II facilities are typically characterized by providing some type of in -patient care, assistance, or monitoring and may include, but are not limited to, the following: (i) Substance abuse facilities; (ii) Mental health facilities; (iii) Group homes/special needs housing; (iv) Local schools, including: elementary schools, middle schools, and high schools; Yalu "Excavate " or "excavation " means the mechanical removal of soils or underlying strata. "Exposed building face " for sign regulations means the building exterior wall of a single - occupant building or the building exterior wall of an individual tenant's leased space in a multi - tenant complex, including the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation for building -mounted signs. Section 5. FWRC 19.05.190 is hereby amended to read as follows: 19.05.190 S definitions. "Schools" means institutions of learning, excluding those offering post -secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the State of Washington to be taught in public, private and parochial schools, including those disciplines considered vocational, business -related, or trade in nature. Ordinance No. 21- Page 14 of 140 "Secondhand merchandise "means used or remanufactured goods and includes used books, records, clothing, furniture, and appliances; and includes such merchandise typically for sale or found at pawn shops, thrift stores, consignment stores, and flea markets. Secondhand merchandise does not include used, remanufactured, or junk motor vehicles or boats; nor antiques or collectibles. "Self-service storage facilities" means a structure or group of structures for the storage of personal property where individual stalls or lockers are rented out to different tenants for storage. "Shared access points" means a common point of vehicle access from a street to more than one lot or use. "Sight line " means the line of vision from a person to a place or building. "Sign " means any communication device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for the purpose of: (1) Providing information or directions; or (2) Promoting, identifying, or advertising any place, building, use, business, event, establishment, product, good, or service, and includes all supports, braces, guys, and anchors associated with such sign. Painted wall designs or patterns which do not represent a product, service, or registered trademark, and which do not identify the user, are not considered signs. If a painted wall design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered as part of the sign. The following types of signs are included in the definition of "signs": Ordinance No. 21- Page 15 of 1-40 (1) "Abandoned sign" means any sign remaining in place after a sign has not been maintained for a period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180 consecutive days. (2) Advertised activity for freeway profile signs. For the purpose of measuring from the advertised activity for an individual business, the distance shall be measured from the sign to the nearest portion of that building, storage, or other structure or processing area which is the most regularly used and essential to the conduct of the activity; and for a center identification sign, which identifies businesses within a multi -tenant complex, the distance shall be measured from the sign to the nearest portion of the combined parking area of the subject property. (3) "Animated or moving sign" means any sign that uses movement or the appearance of movement of a sign display through the use of patterns of lights, changes in color or light intensity, computerized special effects, video display, or through any other method, chasing or scintillating lights, fluttering or moving lights, lights with stroboscopic effect, or containing elements creating sound or smell; except for the scrolling of a static message, scene, or color onto or off a sign board in one direction per message. (4) "Awning sign" means a non -electric sign on the vertical surface or flap that is printed on, painted on, or attached to an awning or canopy. Illumination for the awning or canopy shall be for safety purposes only and, therefore, shall point toward the ground and not illuminate the canopy. (See also "marquee sign.") Ordinance No. 21- Page 16 of 1-40 3.1knmrsni3l VMV .54e Meg Figure 1 — Awning or Canopy Sign (5) "Banner " means a sign made of any nonrigid material with no enclosing framework. (6) "Billboard" means permanent outdoor advertising off -site signs containing a message, commercial or otherwise, unrelated to any use or activity on the subject property on which the sign is located, but not including civic event signs, signs oriented to the interior of sports fields, government signs, or instructional signs. (7) "Building -mounted signs" means any sign attached to the facade or face of a building or mansard roof including without limitation wall signs, marquee signs, under -canopy signs and projecting signs. (8) "Cabinet sign" means a sign constructed of a box, rigid material, or framework over or within which is secured the sign copy, text, graphics, or other sign elements. Cabinet signs may have either interior or exterior illumination. Figure 2 — Cabinet Sign Ordinance No. 21- Page 17 of 140 (9) "Canopy sign " means the same as "awning sign." (10) "Center identification sign" means a building -mounted or freestanding sign that identifies the name and/or logo of a development containing more than one office, retail, institutional or industrial use or tenant and which may separately identify the tenants. (11) "Changeable copy sign" means a sign whose informational content can be changed or altered (without changing or altering the sign frame, sign supports or electrical parts) by manual or electric, electro-mechanical, or electronic means. A sign on which the message changes more than eight times a day shall be considered an electronic changeable message sign and not a changeable copy sign for purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time and/or temperature shall be considered a time and temperature sign and not a changeable copy sign. (12) "Construction sign" means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Construction signs also include "Coming Soon" and "Open During Construction" signs. (13) "Directional sign, on -site, "means a sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs). (14) "Electrical sign" means a sign or sign structure in which electrical wiring, connections, or fixtures are used. (15) "Electronic changeable message sign" means an electronically activated sign whose message content, either whole or in part, may be changed by means of electronic programming. Ordinance No. 21- Page 18 of'140 (16) "Flashing sign" means a sign when any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination. (17) "Freestanding sign" means a sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. Freestanding signs include those signs otherwise known as "pedestal signs," "pole signs," "pylon signs," and "monument signs." Figure 3 — Freestanding Sign (18) "Fuel price sign" means a sign displaying the price of fuel for motorized vehicles. (19) "Ground -mounted sign" means a pedestal sign, pole sign, pylon sign, monument sign, or any sign permanently affixed to the ground. (20) "Government sign" means any temporary or permanent sign erected and maintained by any city, public utility, county, state, or federal government for designation of or direction to any school, hospital, hospital site, property, or facility, including without limitation traffic signs, directional signs, warning signs, informational signs, and signs displaying a public service message. Ordinance No. 21- Page 19 of 140 (21) "Instructional sign" means a sign which designates public information including, without limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs. (22) "Integral sign " means a sign displaying a building date, monument citation, commemorative inscription, or similar historic information. (23) "Kiosk" means a freestanding sign, which may have a round shape or which may have two or more faces and which is used to provide directions, advertising or general information. (24) "Marquee sign" means any sign attached to or supported by a marquee, which is a permanent roof -like projecting structure attached to a building. (25) "Menu board" means a permanently mounted sign advertising the bill of fare for a drive-in or drive -through restaurant. (26) "Monument sign" means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. (See drawing set forth in FWRC 19.140.170(3)(b), Figure 3.) (27) "Identification sign" means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified. (28) "Identification sign (subdivision) " means a freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development. (29) "Illuminated sign" means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. (30) "Incidental sign" means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business). Ordinance No. 21- Page 20 of 140 (31) "Nameplate " means a non -electric, on -premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants of the building. (32) "Neon (outline tubing) sign" means a sign consisting of glass tubing, filled with neon gas, or other similar gas, which glows when electric current is sent through it. (33) "Nonconforming sign" means any sign which was legally in existence on the effective date of this Code, February 28, 1990, or on the effective date of annexation if located in areas annexed to the city thereafter, but which does not comply with this title or any other sections of this Code. (34) "Obsolete sign" means a sign that advertises a product that is no longer made, a business that is no longer in operation, or an activity or event that has already occurred, except for historical signs. (35) "Off -site sign" means a sign relating, through its message and content, to a business activity, use, product, or service not available on the subject property on which the sign is located. (36) "On -site sign" means a sign which contains only advertising strictly applicable to a lawful use of the subject property on which the sign is located, including without limitation signs indicating the business transacted, principal services rendered, and goods sold or produced on the subject property, or name of the business and name of the person occupying the subject property. (37) "Pedestal sign" means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. Such base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWRC 19.140.170(3)(a), Figure 1.) Ordinance No. 21- Page 21 of 140 (38) "Point of purchase display or sign" means an advertisement for an item accompanying its display indicating only instructions and the contents or purpose of the item (e.g., an advertisement on a product dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.). (39) "Pole or pylon signs" means freestanding signs supported permanently upon the ground by poles or braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property and not attached to any building. (See drawing set forth in FWRC 19.140.170(3)(a), Figure 2.) (40) "Political signs" means temporary signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with local, state, or national election or referendum. (41) "Portable sign" means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are made of durable materials such as metal, wood, or plastic. (42) "Pre -opening sign " means a temporary sign which identifies a new business moving into a new tenant space or building. The sign must include the name of the business and copy stating the business will open soon (e.g., "Coming Soon..." "Opening Soon...," etc.). (43) "Private advertising sign" means a temporary sign announcing an event, use or condition of personal concern to the sign user including without limitation "garage sale" or "lost animal" signs. (44) "Private notice sign " means a sign announcing a restriction or warning regarding the subject property, such as, but not limited to, "no trespassing" or "beware of dog." Ordinance No. 21- Page 22 of 1=t0 (45) "Projecting sign" means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign. M M Mimi Figure 4 — Projecting Sign (46) "Real estate, on -site sign" means a sign placed on the subject property and announcing the sale or rental of the subject property. (47) "Roof sign" means any sign erected, constructed, or placed upon, over, or extended above any portion of the roof of a building or structure, excluding signs affixed to the vertical face of a mansard or gambrel style roof, in which case a roof sign is any sign erected, constructed, or placed upon, over, or extended above the lowest vertical section of a mansard or gambrel roof. (48) "Snipe sign " means a temporary sign or poster posted on trees, fences, light posts or utility poles, except those posted by a government or public utility. (49) "Temporary sign" means a sign not constructed or intended for long-term use. Ordinance No. 21- Page 23 of 140 (50) "Tenant directory sign" means a sign for listing the tenants or occupants and then suite numbers of a building or center. (51) "Time and temperature sign" means any sign that displays the current time and temperature, without any commercial message. (52) "Under -canopy sign" means any sign intended generally to attract pedestrian traffic suspended beneath a canopy or marquee which is at a 90-degree right angle to the adjacent exposed building face and which contains no commercial messages other than the name of the business. (53) "Vehicle sign" means a sign temporarily affixed or attached to a parked vehicle for the purpose of advertising a product or service, or providing directions to such products or services. (54) "Wall sign" means either a sign applied with paint or similar substance on the surface of a wall or a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the side or edges. (55) "Warning sign" means any sign which is intended to warn persons of prohibited activities such as "no trespassing," "no hunting," and "no dumping." (56) "Window sign" means all signs affixed to a window and intended to be viewed from the exterior of the structure. "Sign area" means the entire area of a sign on which colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademarks and/or written copy is to be placed, excluding sign structure, architectural embellishments and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or written copy; except that sign area is calculated for individual letters, numbers, or symbols using a canopy, awning or wall as the Ordinance No. 21- Page 24 of 140 background, without added decoration or change in the canopy, awning or wall color, by measuring the perimeter enclosing each letter, number, or symbol and totaling the square footage of these perimeters. G+.r+o+c+e+r+y = Sigri A€Hs r- —W . - I_ THEATER VIDEO E SHOES i i-d' DELI I °e a x ( b+c+d+e ) = Sign Area Figure 5 — Calculating Sign Area "Sign face" means the area of a sign on which the colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademark and/or written copy is placed. "Sign inventory sticker" means the sticker that is assigned to any sign after it has been inventoried and determined to be a legal nonconforming sign. Ordinance No. 21- Page 25 of 140 "Sign inventory sticker number" means the inventory number that is assigned to a sign after it has been inventoried and determined to be a legal nonconforming sign. "Sign registration " means the approval issued to any sign that has an approved sign permit and that has passed all inspections required by the city, or is in conformance with this Code after an analysis conducted as part of a sign inventory. "Silt" or "sediment" means the soils or rock fragments mobilized and deposited by erosion, which are transported by, suspended in, or deposited by water. "Single housekeeping unit" means a person, a group of not more than three persons, or a group of persons connected through blood, marriage or other legal relationships by not more than four degrees of affinity or consanguinity including persons under legal guardianship. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Federal Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that it would cause a residential structure occupied by persons with handicaps, as defined in the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. "Single -use building" means a building which contains one use. "Site" means subject property. "Small animals" means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats and similar small wild animals. I v'I.>_uuas ...I ua l ...... fit al rsc.�. Ordinance No. 21- Page 26 of 140 ed-z` s required by the st te, including, but of lxm,to.l t. erneFgeney shelters,haffleless shelters, domestic vi if it the fiem housing sslhmell not be applied pf!ehibits ei:t, making reasonable dwelling by Oie Federal -F-air- Housing A oppeftunity ie E+Se and enjoy a as r-equir-od �faendfnems Faif Housing Amendments Aet of strier oc-unrelated . _, max, .!, Zv,,,,,6..t..gu.u..,..,..,. "Spa" means a commercial establishment offering health, relaxation, and beauty treatment primarily through such means as steam baths, baths, saunas, pools, and massage. See also "public bathhouse" in FWRC Title 12. "Specified anatomical areas " shall mean the following: (1) Less than completely and opaquely covered human genitals, anus, pubic region, buttock or female breast below a point immediately above the top of the areola; or (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities " shall mean any of the following: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or (3) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether or not clothed, of oneself or of one person by another; or Ordinance No. 21- Page 27 of 140 (4) Excretory functions as part of or in connection with any of the activities set forth in this definition. "State Environmental Policy Act" means Chapter 43.21C RCW. "Storm drainage " means the movement of water, due to precipitation, either surficially or subsurficially. "Story" means the area of a structure between the floor and the horizontal supporting members of the ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area between that floor and the ceiling directly above is not a story. "Stream " means a course or route, formed by nature, including those which have been modified by humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and normally flow in draining from higher to lower elevations. A stream need not contain water year-round. In a development, streams may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition does not include irrigation ditches, stormwater facilities or other artificial watercourses unless they are used by resident or anadromous salmonid fish, or the feature was constructed to convey a natural stream which existed prior to construction of the watercourse. Those topographic features that resemble streams but have no defined channels shall be considered streams when hydrologic and hydraulic analyses done pursuant to a development proposal predict formation of a defined channel after development. For the purpose of defining the following categories of streams, "normal rainfall" is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the current water year for King County as recorded at the Seattle -Tacoma International Airport. (1) Streams shall be classified according to the following criteria: Ordinance No. 21- Page 28 of 140 (a) Type F streams are those streams that are used by fish or have the potential to support fish. (b) Type Np streams are those streams that are perennial during a year of normal rainfall and do not have the potential to be used by fish. Type Np streams include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations, then the point of perennial flow should be determined using the best professional judgment of a qualified professional. (c) Type Ns streams are those streams that are seasonal or ephemeral during a year of normal rainfall and do not have the potential to be used by fish. (2) For the purposes of this definition, "used by fish" and "potential to support fish" are presumed for: (a) Streams where naturally reoccurring use by fish has been documented by a government agency;or (b) Streams that are fish passable, as determined by a qualified professional based on review of stream flow, gradient and natural barriers, and criteria for fish passability established by the Washington Department of Fish and Wildlife. (3) Ditches are excluded from regulation as streams, unless they are used by fish. Ditches are artificial drainage features created in uplands through purposeful human action, such as irrigation and drainage ditches, grass -lined swales, and canals. Purposeful creation must be demonstrated through documentation, photographs, statements and/or other evidence. "Streanzbank stabilization" means treatments used to stabilize and protect banks of streams from erosion. Ordinance No. 21- Page 29 of 140 "Street" means both a public right-of-way and a vehicular access easement or tract. "Street providing direct vehicle access" means the street from which a vehicle can enter the subject property without traversing another street or piece of property. In the case of a multi -use complex, the street providing direct vehicular access is the exterior street that borders the complex and not an internal street surrounded by the complex. "Streetscape "means the visual character and quality of a street as determined by various elements located between the street and building facades, such as trees and other landscaping, street furniture, artwork, transit stops, and the architectural quality of street -facing building facades. "Streetscape amenities" means pedestrian -oriented features and furnishings within the sreetscape, such as bench seats or sitting walls, weather protection, water features, art, transit stops with seating, architectural facade treatments, garden space associated with residences, pedestrian -scale lighting, landscaping that does not block views from the street or adjacent buildings, special paving, kiosks, trellises, trash receptacles, and bike racks. "Structural alteration " means any change in the supporting member of a building or structure. "Structure " means a combination or arrangement of material for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water. "Structured parking" means parking provided on more than one level and within a structure, either above- or below -grade. Structured parking shall not include a surface parking lot. "Subject property" means the entire lot or parcel, or series of lots or parcels, on which a development, activity, or use exists or will occur, or on which any activity or condition subject to development regulations exists or will occur. Ordinance No. 21-_ Page 30 oj'1 10 "Support structure " means any built structure, including any guy wires and anchors, to which an antenna and other necessary associated hardware is mounted. Support structures may include the following: (1) Lattice tower. A support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section. (2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors. (3) Monopole. A support structure which consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad. (4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with certain conditions. "Surface parking lot" means an off-street, ground level open area, usually improved, for the temporary storage of motor vehicles. Section 6. Chapter 19.205 Sections is hereby amended to read as follows: Chapter 19.205 MULTIFAMILY RESIDENTIAL (RM)I Sections: 19.205.010 Zero lot line townhouse and townhouse (attached) dwelling units. 19.205.020 Small lot detached dwelling units. 19.205.030 Detached dwelling units. 19.205.040 Multifamily dwelling units. 19.205.050 Manufactured home parks. 19.205.070 Senior citizen or special needs housing. 19.205.080 So '' .Permanent supportive liousing and transitional housinla. 19.205.090 Convalescent centers — Nursing homes. 19.205.100 Churches, etc. 19.205.120 Day care facilities, commercial — Up to 50 attendees. Ordinance No. 21- Page 31 of 140 19.205.130 Schools. 19.205.140 Noncommercial sports fields, etc. 19.205.150 Recreation areas. 19.205.160 Public transit shelter. 19.205.170 Public utility. 19.205.180 Governmental facility. 19.205.190 Public parks. 19.205.200 Personal wireless service facility. 19.205.210 Urban agriculture. Section 7. FWRC 19.205.080 is hereby amended to read as follows: 19.205.080 S� l sem icetransit-iona-l--heasi�l'ermanent su ortive housing and transitional housing. The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: - - l�€ rr_ i� ILATAMS eTtnw. S IcE ZONE CHART DIRECT {�EV1 end RFOGeSS M. Requff- PaddRg 5 - ❑Fr_F II n:AQWc AN Let �f L(A �e Height e cue e (� Red* N OTRS c d a I Se i R t� t0 54t-. § 6" I ., Duo and 2.4 30by DeteFmined Rferzes s 7—,2G8 these OR' OR a case case bass � � I+%,z' W ZeRes, ft. eve average 6""9 iite""}�vtiO -. I., RM 1.8 awl -ray i 94esideRtS does not +L,e zr_im n Ri —R i4GF. +#h3f�c�-rrc`. �ic4 a Lad PA;4x; the total dwelli„n "family." See F%hIRC flC t1GR f+abeve traR&+ pa4 averag een ervlGzes housing --'r,+n its:: h T h e fac4it R ffec�ra*"�cccrrzrnr +.,ins a44c� nrd h., }hns� Fe i sit, iatQcL_in prop,,qy Elese exmm,t� i +., Ordinance No. 21- Page 32 of 140 p _ _ - � { 9 Icl= 7nnIG C H A RT n� 94 crrT RegH Fed �& Maximum Required -fig Spaces - q p p I L-(4t S4e RequiFed +rare Height heCie ! e har rr. Ri2R 'cn-rpTroTcvrrr�� and ye ��..� �v Fnl r access to pu Fs, and ethe YY�� `w facili+ia rzes and fr,,..�� +hp r 6.i. of the nts ff9peFtY= be mdp ated t4n authority of a h.. rd r rira. sGr=ial OF goverRment te whepq staff are nih1.. ., rf sarl•,n .sill hn �iE�hIn +„ c-4y of to resolve +n the facili+" ha r+Ai 49-1 sand secyrit�r.om dn� PLIPRkff Of .I'or,+ uR +A- '+ A f r aGtr unreaSGRable OR yaffic .,u4,lir i l+iIi+iarr a d ry es �ru� rirc-.jrdeRCe . Ordinance No. 21- Page 33 of 140 _ - � USE ZQrjE CHART -S Review FeEe5S II A' nr isrrv"" U FASMaximums ... RE'd aFRg y Spaces DGr11 nTlGNS AN IL -at �E Rn red Yard 2i REf Llat � Heoght e �S ;' 6civre Fy G Rt Side NOTES adequate 9#-StFeet P&4�P�Rd-t 5 t.r of SUFFOUr.r!'n erns. h=l4y4&4R �arith hea ft L. fir. applicable b4.- ing and safety OperatedeFaa i!V r_ _ _ _ plan, b,aap ,.h'rh must mQof arl m drat'. av-mmr.�-rvaire rt-+n rdd S, rif'c�� ss, lwhor.iI'IG�fh7 requmFerri eni m T11Y tie ny d eve! e pmn`�r an4-w.4�cl l be OR file 'R the c4Y 4rrk4 office, and which ska-� hn f.-.!E..,. an e ed th p fl �1i-f4FCAB-aP4 of it they were effect fr..th :n fwll� s„+ chapteF. 'J Ceti mqwmff �egts rEe ., re mirmsrai7-r. rc-c=pir.� ,d h-,+hF Ordinance No. 2 1 - Page 34 of 140 - Let U- U n nTIONS 1 9 7Rf�a� caseby rase ba6ir_ 3. Refer toe to deterFAm a w#a GtheF PVGVmSl9AS e f this title Fn .-.n" 4. Refer to rhapt CSAIOr LI .,�-V awFGpF'' reqwl�ements FeR;eRtS tha apply to the pFeject, see G. For CeFAFAWfT�4 .Jesign guidelines that a"ly to the-pfojeet% see rh a pter 6 19 C C1M1 R crrv�c�. Ts .. � .L I abeut park F a4-Rg-a�, Cha pt 7r'I� C AIQ� Ordinance No. 21- Page 35 of 140 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ _ _ USE REGULATIONS Required Minimums Required Yards Maximums _Height of Structure Required RM ZONE SPECIAL REGULATIO S AND Lot Size Lot Covera e FrontS�ae each . Rea Review Process Parking Spaces NOTES ❑ ❑ Permanent supportive housing Process 7,200 20 ft. 5 ft. 5 ft. 60% In RM 3.6 See Notes 10 and 11 1. Any 12roposed permanent III sa• ft. and 2.4 zones, 30 supportive housin or transitional housing fa! i with and transitional housino _ See Note 2 ft. above more than 2 units or which average building elevation. hrin s the total number of permanent supoortive housin or transitional housing units on In RM 1.8 the property to more than 3 zones, 35 units must be distanced at ft. above least 11/3 miles (7,040 ft. from average building elevation any prope[!ywith more than 3 units of permanent su.p2ortive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 50 residences located within a single facility or complex, and the minimum amount of lot area per dwellin.g is as follows: a. In RM 3.6 zones the subject property must contain at least 3,600 s . ft. of lot area per dwellI . b. In RM 2.4zones. the subject property must contain at least 2400 s . ft. of lot area per dwelling. c. In RM 1.8 zones the su b'ect property must contain Atli e 1 300 s . ft. ❑f lot area per dwelling. 3. The property is situated proximate to, and has convenient accessto ub is transportation.sho In Ordinance No. 21- Page 36 of 140 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN across for REGULATIONS _ - _ _ USE REGLILATIDNS Re uired Minimums Required Yards Maximums Height of Re uired RM ZONE SPECIAL REGULATIONS AND Lot Size Lot Coyeracte Front Side each Rea Review Process Parking ;Spaces Structure NOTES health care providers, and other services and facilities frequently utilized by the residents of the property. 4. The housing will be operated under the authority of a reputable goygming board social service or aovernment agency, or, ro rietor to whom staff are res onsible and who will he available to city officials if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a written community engagement 12Ian approved b the governing agency, board, or official which must address at a minimum_1} howthe facility will engage with the communi 2 how the faciiit will respond to communit complaints or concerns,• and 3 who is the point of contact or the community, The plan shall be providfjd to the cit rior to occupancy and shall be updated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC Outdoors, Yards., Land scanin g, for a pgrop riate requirements. 7. For sign re uirements that apply to the project. see Chapter 19.140 FWRC. Ordinance No. 21- Page 37 of 140 USE ZONE CHART DIRECTIONS: FIRST, read clown to find use... THEN, across for REGULATIONS _ - _ _ USE REGULATIONS Required Review Process Minims Required Yards Maximums Height of Required PIM ZONE SPECIAL REGULATIONS AND Lot Size Lot e.Structure Front Side each RearCavera Parkin Spaces NOTES ❑ a 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. The sub'ect property must contain at least 4.00 s.. ft. per dwelling unit of usable open space usable For many activities and may include common o en spaces such as plazas, recreation rooms rooftop terraces - atches oats active lobbies and atriums. A minimum of 25 oercent.of the usable open sace grovided must be common o ens ace. Private open sace such as a ati arch balcony, or yard may be credited toward total residential usable open s ace if such private open sace is a minimum of 48 s ware feet and has a minimum dimension of six feet. At least 10 perce!3t of this required open space must be devel❑ ed and maintained with children's plaequipment. If the sub'ect propeU contains four or more units, this re uired open sace must be in one or more pieces each Navin a length and width of at least 25 ft. In addition if the s. b'ect property contains 20 or more units at least 50 percent of this required open sace must be in one or more pieces each havin Ordinance No. 21- Page 38 of 140 USE ZONE CHART (DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ IMinimums Maximums RM - _ Required e wired Yards Required ZONE Review Process Parkin _ _ 115E REGULATIONS Lot Size Front Side each RearCovera Lot e Height of Structure SPECIAL REGULATIONS AND Spaces NOTES a length and width of at least 40 ft. 10. Parking spaces shallhe provided as follows: Efficient units — 1.0 per unit + 1 per 2 erployees Studio units— 1.25 per unit + 1 per.2 employees ^One bedroom units — 1.5 per unit + I per 2 em lg ees Units with two bedrooms or more — 2.0 per unit + 1_per Z employees 11. Afternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080f2l 12. The hQusing will operate under a written a erationaI plan that will inci_ude at a minimum the following: a. Residents must be referred by providers of housing and services for eo 'le experiencing homelessness. Direct intake of residents at the site, without prior referral is not allowed. b. A description of transit pedestrian and bit de access from the subject site to services and Ordinance No. 21- Page 39 of 140 _ USE ZONE CHART (DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS Minimums Maximums RM - Required Required Yards Required ZONE Review Process Parking USE REGULATIONS Lot Size Front Side ieach Lc Rear Lot -coverage Height of SPECIAL REGULATIONS AN D Structure ;Spaces NOTES 0 0 schools must be provided to residents. c. An operations plan must be provided that addresses the followin elements: i. Roles and responsibilities of kepi I Site facili management, including a security and emergency Ip an: iii. Site/facility maintenance; iv, ❑ccupanc� Duties, consistent with RCW 59.18, including resident responsibilities` and a code of conduct that includes, at a minimum, a prohibition on threatening Ordinance No. 21- Page 40 of 140 USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THE -across for REGULATIONS - IMinimums (Maximums RM _ Required Required Yards Required ZONE Review Process Parkin _ USE REGULATIONS ILot 'Size Front Side 1 each RearCoveraae ILot Height of ;SPECIAL REGULATIONS AND Structure Spaces INOTES L ❑ and unsafe behavior; and, the on -site use and sale of Illegal drugs; V. Access to human and social services, including a staffing plan and expected outcome measures, vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience nrovidin� similar services t_o_people ex eriencin homelessness, and/or certifications or academic credentials in an applicable human service field and/or appiicable experience in Ordinance No. 21- Page 41 of 140 'USE ZONE CHART DIRECTIONS: FIRST read down to find use... THEN across for REGULATIONS _ Minimums Maximums RM - _ Reauired Required Yards Required ZONE Review Process Parking ;Spaces _ _ USE REGULATIONS Lot Size Front'Side each RearCovera Lot e:Structure Height of SPECIAL REGULATIONS AND NOTES ❑ ❑ a related program with people experiencin homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal -steps toobtain verifiable identification information, including full name and date of birth from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstandin warrants with applicable legal authorities. For other information about parking and parking _ar_e_as _see Process ] II III and IU are described in Chapter 19.SS FWRC. Cha ter 19,130 FWRC. C a ter 19.60 FWRC Ordinance No. 21- Page 42 of 140 Minimums Maximums RM Re uired Yards ZONE Reauired I I I I Re uired ❑ ❑ Chapter 19.65 FWRC Chapter 19.70 FWRC respectively. For details of what rnav exceed this height limit, see FWRC 19,110.050 et sea. For details regarding required yards, see FWRC 19.125.160 et seg Section 8. Chapter 19.215 Sections is hereby amended to read as follows: Chapter 19.215 NEIGHBORHOOD BUSINESS (BN) Sections: 19.215.010 Office/retail. 19.215.015 Breweries, distilleries, and wineries. 19.215.020 Entertainment. 19.215.030 Vehicle service stations. 19.215.040 Schools — Day care facilities, commercial — Animal kennels or animal care facilities. 19.215.050 Multifamily dwelling units. 19.215.060 Group homes. 19.215.070 Seeial serviee *"einsitio al housing.Permanent supportive housing and transitional housine. 19.215.080 Government facility, public parks, public transit shelter. 19.215.090 Public utility. 19.215.100 Personal wireless service facility. 19.215.110 Churches. 19.215.120 Funeral homes — Mortuaries. 19.215.140 Urban agriculture. 19.215.150 Senior citizen or special needs housing. Section 9. FWRC 19.215.070 is hereby amended to read as follows: Ordinance No. 21- Page 43 of 140 19.215.070 Soe; .lsen4ee -qi-u'Permanent sur)portive housingand transitional housin . The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: _ - 1PS€ -R€I ULXTIONS I 8 p icG Tnr.1R CHART Re4Fed RFOEeSs � Height ed Spaces SoPCrAI RrC_111 ATIONS Si- rcv-Tvia� AND NOTFS SAri-,I r,;Lwiees tfa.,si+ieRa {2{ )Eess PieRe 2-0 ft-. 04t-. 8 ft- above aveFage h"'Id'in$ e`en See� Rete -5 I)eteFmjned EIt�1-�� d ReFMitte n��tric�ht ^GR a r'`e these,r-v-ses_GN A r}anrd_alr.nn facilky is rdictar.ce d at !east ! n by case_ basis Conr.+ern C o "�"-�� and 8 where the total niImher �f cirdeRts .dGer a r.-+r.rl �. ct he. rt stand_alne fari}'+y r deF cI cif r_�+ c h The facili}, and pot the rna.,im�.m ._�"u �;;,Ipwpd ender alas ff See definition nnNRC a n[ ntin r And mqintAins; all fir S .,d/q appfevals-as by the state_ �equmre6 e. T� h e awjccc rt � rr GGRVeRF heal+h ra rn she eroyiderc+ -And .�44eF ..,ices farilit-lee, and fren�p� Ut by ''the r r;rlen+inn PFGPE?Fty. bE`6pe -,t.,.-! W .,.-I._,. the uth..ri+,r of a -nn reputahie �r 56firi�-c�c"-�^-r"rccc OF geverpmeRt ttQ-Wh"" Ordinance No. 21- Page 44 of 140 _ U-SE RFG1 IL4T40M r i ISG 70nJF CHART r{n DiRECTlnnfc• FIRST mad ReqU1fe4 Reulew IRF9Ee55 M0R rrrlrm-v,mr,a StructyFe PaF'(iRg 'p-T - c�Fr l A l R CG I I I h.TIGP I S AND NQ:PES nnrihle- nrl wh., 5 Sie .Rear Fesp} A rill he a ailahln_te city .,ff�.iwlr if r, n.._ to 01„ CGRGeFRS .rrair,iRq to the facility. e The farilit„ will h � n rt fFinc� n,irinr, � security aR:��Rts n rr, nr i a+e_ +ram_ * hn rl'anir� � FIU.,,he Gf rrz,-r�s t., it,; hp, .,f f The ferilihe..rill n t ereaye URreasonable 'rRpaCtS a fkW. n'-hni•�. 6itirlr4 esTurru ., a.z� r h, r seNmees urv� residences-. n�� ty4�as adequate e4- tpeet rWR nrd the # +ha to .,f c s6FFa6iRdipg uses hThr fa.i� camp"ance with appli.aWe health fire h� �ilrlin..--A r-afnt„ .Ill -.1 — 4 R-Rtrs. i The facility ,.,ill ri ttfl 3n1rre A .+t plan, appFeved by-#w gCWe4Rq ageFCY, beaFd' or official, h'.hmust rr, nt admi irs Fafly. rt-.n�ards7 Ordinance No. 21- Page 45 of 140 CHARTUSE ZGWE -DIRECTIOPIC• FIRST,iad im, rlc�rrrr Day .i �u La# USE-REGUL4-TIONS PrAf-RA5 r f de em t, �--kiS£' TL1 C111 �rr..rr f.,r aCl:I 11_AYI�Ar� S--f i —mt��--crcT R me °ate ra�KlAi arrlll Artn Anln�� nt�T[S r r.+r wh'rh kGw Rear requi shall be adopted -by +hn rlira+# Eommunity 4 seporzes, ...! v,;hirh shall be -an file iR the r4» .lark.'& ..ihirl+ shall e4mEn @Rd hp foil n 44avn the full e-apd if thd.e_tatnrn nffnr-Fas chapteF. 2. The city .rill ,Tr d-etE mne the ,.-, n i i r., h n r -A ilia i r"rnr"vF'4 15-vF S61r� +eS � r.. elopmept a. The cif c- rrviviP--vr i4e PeFs in_+ho W p%ed d e 4 r+ h Thn 4E- 54e G Dwelling Altr, ru 3 GF GGWpaRC-YF orifi.� +hamSP _ultes Rd Et3F�'F"�' 'ttJui��f +ha The OR G. mj @GtS Ordinance No. 21- Page 46 of 140 _ --Height lam€ RMI 11 ATi9NS lcG 7QNF ruROT •e-.v dgwn tefind use YHEN acFess fe4 Ql�t- TIQMS D�DGiTIQNS_ FIRST Reyae Precess e e Spaces D&AL ocr_I II RTION4S 4ND NOTES rident4 L(A Size I4AP Side (&aT4) Reaf Rearby Fopes++s, end ,dew A The a�.e rrhi+er+re Rr-ad Gthe site-desi - a do n featurne_ of +ha ��rrr�-acar�rc. nprrt�" e u .�- P- " 3 RmoRdmym of ane «,it R Gre +h_�crrn ci r and fie erreRt-444e total dwelling uni+«a -A rnTri�cc� ra a ti—rnay e secoal tr- Sit'., al hr nr� 4. Ca �-,, Sleeping hathr rim .mohe aFeasd fa.ili+'et .fete e— a riase GR I.. Ease ha uT S If any nnr_kin of a rvre'rve .. structure n the subject property is eei+hn 1M.f+—rs�-a 'T res0deRt•al z ne +hen of the structure shall n.,+ exceed 30 ft ahn.ie a1Ve q-e-bUMlRg ele atle and —the structure shall he set hackPAOROPRumof 2 ft frem the nrnneAy line the residential of ZeRfZ � �I�'� •�lrmrii.=r�ec Ordinance No. 21- Page 47 of 140 - Ili Lot ILS€-REGULAUGN-S PreGess Size f 9 Si4e old parking are as, r ee chapter 19.130 FWRG Ordinance No. 21- Page 48 of 140 19.215.070 Social service transitional housing. (Continued) _ - _4eig4t - U-SE 4t6GUtXT4QN-S t � USE ZONE CHART R2wew A4FHiS Required PaFkiRg;de - REGUJ6�� of ANDNQTES - - - - air e"3'-``wen:�e� Ch.,pteF 4 a h 4n nerR�. see 10. Chanter this title ma preVWGns of apply to the sutOf4 pfopeny. For other infnrcn++i rt areas, see PA1RC Charter 6recess 3 _I S_L -and ape described -in 12.3 LG nh this he„t, Chapter 90,r1��lVRC, `-� exceed csar �❑ Tenn ss2� For details regal J.ieg. FequiFed yards, c CLAfCtr 'la.t7C iCl1 0+ �a�, respeEtively. 'USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIC Re uired Minimums Imaximums Re uired BN _ REGULATIONS Review Lot Re uired Yards Lot He_ fight Parking ZONE Ordinance No. 21- Page 49 of 140 - USE Process Size Front -Side each Rear Coveracie of Structure S aces SPECIAL REGULATIONS AND NOTES Permanent s.upmortive housing Process See Note 20 ft. 5 ft. 5 ft. None See Note 8 See Notes 10 and 11 1. Any proposed permanent supportive housing or transitional III and transitional housing 2 housing facilit with more than 2 units or which brings the total number of permanent supportive hou si ng or transitional housin units on the p roperty to more than 3 units must be distanced at least 1/3 miles 7.040 ft. from an property with more than 3 units of ermanent su ortive housin and/or transitional housing. as measured from the nearest points of each such property. 2. There shall be no more than 50 residences located within a sin le facility or complex-, and he sub9ect property must contain at least 2400 s . ft. of lot area per dwelling.ar one acre for eve 18 units. 3. The property is situated proximate to and has convenient access topublic transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property 4. The housing will be operated under the a uth ority of a reputable governing board social service or overnment a enc or ro rietor, to whom staff are res onsible and who will be available to city officials if necessary, to resolve concerns pertaining to the property or residents. S. The housing will operate under a written community erigagemenj plan, approved by the governing a g enc hoard or official which must address at a mi imum: 1 how the facility will engage with the commu nityj 2 how the facilit will Ordinance No. 21- Page 50 of 140 USE ZONE CHART DIRECTIONS: FIRST read down to find use— THEN across for REGULATIONS _ - _ USE REGULATIONS Required_ Review Process Minimu s e uired Yards Maximums IHeightRarkinq of Structure Required BN ZONE SPEC AL REGULATIONS AND NOTES Lot Size Lot overage Front Side each Re r ;Spaces respond to community complaints or concerns- and 3 who is the Dint of contact for the community. The plan shall be provided to the city hor to occu an and shall be u dated and Provided to the citv as substantive changes are made to the e plan- t. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 7. For communi1y design guidelines that apply to the proiect, see Chapter 19.115 FWRC. 8. If any portion of the structure is within 100 ft. of a sin le-famil residential zone then that portion of the structure shall note teed 30 ft. above average building elevation and the structure shall be set back a minimum of 20 ft_ from the property line of the residential zone. 9. The sub'ect property must provide usable open space in a total amount equal to at least 150 s . ft. per dwelling unit and may include Common open sace sucb as la round recreation rooms 121azas, rooftop terraces,_ pools, active lobbies atriums or other areas the director deems apgropriate. A minimum of 25 percent of the usable ❑ ens ace provided must be common open sp ce. Private open sace such as a patio, porch, balcony,_ or yard may_ be credited toward total residential usable open sace if such private open space is a minlrnum of 48 Ordinance No. 21- Page 51 of 140 USE ZONE CHART DIRECTIONS: FIRST read down to find use— THEN across for REGULATIONS Minimums Maximums _ BN Lot Size Re aired Yards Side RearCovera each Lot e� Hem Structure - USE REGULATIONS Required_ Review Process Required ZONE SPECIAL REGULATIONS AND NOTES Front Parkin Spaces square feet and has a minimum dimension of six feet. 10. Parking spaces shall be Provided as follows: Efficient units — 1.0 per unit + 1 per 2 employees Studio units.— 1.25 per unit + 1 per 2 employees One bedroom -units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 11. Al ternatively, an a pp licant may choose to submit a arkin stud in accordance with FWRC 19,130.080{2), 12. The housing will ❑ erate under a written operational plan that wi I include at a minimum t e following: a. Residents must be referred by roviders of housing and services for people experiencing_ homelessness. ❑1rect intake of residents at the site without prior referral is not allowed. b. A descrl tion of transit pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be Ordinance No. 21- Page 52 of 140 USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN .across for REGULATIONS _ Minimums IMaximums BN - Required Yards ZONE Required Required _ Lot Lot Height Review pa kin r q Prot ss Size Front Side Rear Covera e of Structure Spaces SPECIAL REGULATIONS AND NOTES PSI REGULATIONS each provided that addresses the following elements: i. Roles and responsibilities of key staff, ii. Site facilit management, including security and erner enc Ip an; iii. Sitelfaci.lity maintenance; iv. occupancy policies, consistent with RCW 59•I8, includiM resident responsibilities and a code of conduct that includes, at a minimum, a Luhihition on threatening and unsafe behavior; and the on -site use and sale of Ordinance No. 21- Page 53 of'140 USE ZONE CHART _ DIRECTIONS: FIRST read down to find use ... THEN acros5 for REGULATIONS Minimums Maximums _ BN Lot Size Lot Coves IHeightPa.rking Of Structure - - USE REGU1.ATIO Re uired Required Yards ZONE Required Spaces SPECIAL REGULATIONS AND NOTES Front Side each Rear Review Process El D illegal drugs; V. Access to human and social services including a staffing plan and expected outcome measures; vi. Procedures for maintainiin accurate and complete records. d. Providers and/or managing a endes shall have either a demonstrated experience providing similar services to people ex eriencln homelessness and/or certifications or academic credentials in an applicable human service fie€d.and,Lor applicable experience in a related program with peppje gxgeriencing homelessness. e. For health and safes reasons, the sponsor and/or managing agency shall_take all reasonable and legal steps to obtain verifiable Ordinance No. 21- Page 54 of 140 (USE ZONE CHART (DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ Minimums Maximums BN - USE REGULATIONS Required Lot Size Required Yards Lot ra e (Height of Structure R�red ZONE SPECIAL REGULATIONS AND -NOTES Front Side Leachl ReanQ Review Process parkin ;Spaces i-1 f2 identification information, including full name and date of birth, from current and prospective residents, and shall keep a lop containin this information. f. Should the Provider become aware of a current or prospective resident who has an active felony warrant it shall follow a protocol to work with the participant to resolve any outstandin warrants with applicable legal authorities. For other information about Arkin and parking areas, see Chapter 19.130 FWRC. Process I. ll, II_I and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC _ Chapter 19.65 FWRC, _ Chapter 19.70 FWRC respectively. For details of what ma exceed this height limit, see FWRC 19.110.050 et sea. For details regarding required yards,• see FWRC 19,125.160 et se . Section 10. Chapter 19.220 Sections is hereby amended to read as follows: Chapter 19.220 COMMUNITY BUSINESS (BC) Sections: Ordinance No. 21- Page 55 of 140 19.220.010 Office/retail — Manufacturing and production, limited. 19.220.015 Breweries, distilleries, and wineries. 19.220.020 Entertainment — Generally. 19.220.030 Vehicle and equipment sales, service, repair, rental — Self-service storage facilities. 19.220.040 Schools — Day care facilities, commercial — Animal kennels. 19.220.050 Multifamily dwelling units. 19.220.060 Hotels — Motels. 19.220.070 Hospital facilities — Convalescent centers — Nursing homes. 19.220.080 Senior citizen or special needs housing. 19.220.090 Group homes. 19.220.100 Permanent supportive housing and transitional housin . 19.220.105 Emergency housing and shelter. 19.220.110 Government facility, public parks, public transit shelter. 19.220.115 Public utility. 19.220.120 Personal wireless service facility. 19.220.130 Churches. 19.220.140 Urban agriculture. Section 11. FWRC 19.220.100 is hereby amended to read as follows: 19.220.100 —soeiul sen,iee transitionalhousingsu ortivc housin and transitional housin . The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section: - - lam€ USE ZCAE CHART P RECTIONS, FIRST read .. end -use rHR j aroress foF REG LAX4G4S RevieW Proces Height ef See Required UPC PC AL-R-Er_I Il ru L-at Size Required Yards FreR fie Rea, se " sepAces fi anrl i+re.. Ftt .F+oro 1 mo .'., ridents does �r E�3[Leed+ vFR Process { eRe 2-0 04C. 8 354t. average N en (A� + 55 ft. �€ PAeFmiRed 4--T-he city may P It r.I.. if. a A Stand_ 4G4e faeilit..:c &Sta ycase S �0 g siRgle - y z6+�e5 RCo least Ann r* fF9FR af4y ^' E�i1Q Ordinance No. 21- Page 56 of'140 I _ - - USE RFGI I ATIMthe iCC�rlJA4T_ .ar...ir. tr+find_i4�, �rw 52.� H r TT�PI, ATMNS for REGULATIONS DI RF—=!'TIdlWS CIaCT..t?ad pm.�e55 of Uurctum See Rates 5 Rt> u Fed R3wik" nrinn„ co r lnl REGULATIONS Let C�aside an ed Yards u�F Front h The facility and am ser-wres and "faPAily." See Rates 4, 5 d@fiR4i@A Of -See CIA�.1RC R�fl @Rd g pmg MaiRtaiRSall I'ren5ys n.d by the state. e. The sybjer+ i 0 ate in pmp.,rty r1., tr. anr{ PrGXMity ha RlyeRrment-urterr }e, pubic traRSp()h rl+r.r,r bRg heal+ e prGvi tl n ' and .,+hot freq utilized by eRtly the t .i�.f +ha PFGPeFt�L d 'The rrrGgfa :, sill uthnri;y of put�hln soE`u F'b4ga`m�vd, r.r g(9Vnrr,ment .'h.Amrteff apQ o. J who respeRs �lye cm; Efas p2 }the--f24tj, e�The faEility Will have Staff'ng-, .y �2R�5 ..,her of t 'thy epeFatiGn= Ordinance No. 21- Page 57 of ' 140 _ - - - LLSE -Rrr, I AT'Y f � USE 7r1 AlGS lJ n DT rea44GW tr. f c TLJCAI Rrs � ��r O`av TI!"1AlC �)InCTTIQNS; FIRST, Requ*ed Rev�-_w 56 .CAE ' I_:Y�y �r CStructu'rct�H-F gyp R"1'"""� �D�r row �parces t ♦JCr! II ATIf7.ALS kA ❑.. ., p-! Vr. rrlr � pear A4D A�nTCS hi-r utilities and on.ir_c»tiu=may c ircRc cT r. The facility has -,.1.... .atc- ,ff_Afe-at -a.Linr, and the .pith tl... rh filar r_af h The facility 3r__in — ram p., compliaREe with r.liFahie health Jiro "'�rrcv-v-rc-r'tzrr` p p , b+I+l k" The fariLity-wi4 • '�u-crrrc� .. p r�fo p nri ar ^. ri+fnn beard e r,ffi. h" � r cmvsi meet m a rl mistat ��rrmi. te ct-.n Spe6 r-scaciORS, and ontr_u�l�.ir__�i err � rp ip�pp Shall ho adGp-,tnd4t44e a4-) hi z shall be ep p whkh shall effice, and be fell.twed and have the4411 effect if that. sot fopth weram, T..._p a �..� ..,..., n fUll in this chapter. The city ,.ill & &R:RifIe4kIE rr. nor+ -.her ^f Ordinance No. 21- Page 58 of 140 _ _ - - �(€ r' DC111 ATI/1 Am i 8 USE 70niE CHART rnu rl�rrn��nrlQ„�� T4E arras r��S SPECIAL PEEL_ 6 TI04S DIRE TIOWS: C16CT Regtlie ��✓ AA'n me Height # Se �d �s Size Pr 91� (ea iC IMF Pr�� si.dnn}s anti the mhe .,f .a,,. ollir.ca i,ni+car r.rri,n rr��p an i}or �1 OR permitted stand- alc. a .deyeIG tment hated the fr,llGwi- an g r.f the :_^ecI heysed On t4e proposed &V h. Th" Size of th� dWellin., WF*S GF and the eci{'yfc .,f'.-. @t'.. Of the fadlilies w4hJ44hesre LIHitS, lmte5 'irC� " C. ThLn rTpP�mI M1��.�..r] neaFby Gf-*e prepese .1e . H Thp, its„rrQ ci+.e rlesi.v r. nrl.rtthef design Feat, development. preposed 7 A c.F .,e M P4 -a44 nG rneFe than of the total rlw elliR „i}r i—i 4 PlAnr sleeping area&_,ipA hnthr..em farili}� Ordinance No. 21- Page 59 of'140 �€ �EGUL-A-TION5 i icF 7nnIE CHART to find uFe ... T,4EN—, acr�rr ATIONS {�nr REGULATIONS ^I R4e�,4@W i�fS£255 Height of �trucc'ure structure aees CotflAl DCf=1 ki AYkV A�� L4A s}� {h` �cvcT7 •R2�F �� case_Jqy casp hgcir_ C C2,�ilr�inr. hnirrh+.., Fl$�-C��•a�•d�BVE average huikri'r, a+iOR rA Ar n ..rho., f r ririar,+' mmly T n+�u�a 0 and f+ AARC located when a'oan All f+ p 0 100 a (C-GRsin ed o,AeA abew parldpiq and Chapter 1d 14 FWRC_ nr..G..rr I II tll arid- IV md be64 � ac c4af ,r 9Q CG Ll , cTTc'Fccr�-r.�-�-��a � . Chaster W FWRC, pFC C Chef- r�16f c4af9p r 19 7 GWRG �r�nprcr-rr�� excee +�vznr�-rrc* r 1. Tg � Rc 1O i�fl9�t se w Cr.rdetailsrreg g 4ed-yafdrr, 5 24o C1A R rr' 1.❑__Y_2C_1_6Q-k Ordinance No. 21- Page 60 0f'140 - IUS f Rfecess Size FFORt{ ]Rea-r StFuctureSpaces - &P-En! otr_!!I nrinr.lc nnln_NO-TEc r nlr.m etr psumle+c cr�4,lirhori !rtr-ca�rl-rl}d�h�le ,.ill he rleferminerf h�. r,thbr. m cite development e ntc Feg6jre , , Feguired hi �ffe.s r add nr. I- :2RC�E iff 5, rface water faclIk- is: etF 7 Ppr r m nit rlesinn r. ,idnl�n}� y that apply tn_}hn s+r�ect, see rc-haptc.�--r19.115 Q R Cr.r 3r-, r,ing r onPr that apply to Chanter A❑ 17R nAIRC 9. C@r_rigi4feq nts !hat annlu to the rerr.inrf__r— rha Ater 19940RA.1R Q �n ❑efeF to rhar.+er 1 ❑ ft5 nnfor_ +r. rfa+armina_��f�r•+�n of +hir t tle a 1 tG ti-jn st44 or+ FRa y p p y ap 9 If a.,.-.r.-...e�� m r nrr cnc he hem spedf ed ram' gh+ of U_4 a strurti Fe m exceed .-, n building efeyatinn aahr,&--cr'vcr`�'v�� irvvc (A ARC) +yam_ a_ mxvimum_ of A ABC if hEl of +ho fnllniare 2 irtrrrri+erie met: a. The 4d444P,4-krei--is Recessary to a _ mmndatQ4#e apera+irn needy r.f FJe n in the?_ hi..ilr[iriri^.ndlr. .qua .�r all figGr have a g Rd spaces rtim��m fl.-..•+r_*.._r.�ilinr. heir. h+.tf 97 ft. minim„m.dep#HDf_1_C Rd a i-r hHeight Height ever 35 f+ iG_ctltJ»r__Ir C. 1 frr,m -by by RGR gle_f8PRi1., TTcg'�v'�-c�-cr� • APPL add n f h AniQ ft r,f0 height eyeF 15 ft • anri d RA-efiir.er a rlorir.n d4o 4VGi"I -, re.lnminantl„ flat and Ordinance No. 21- Page 61 of 140 _ USE ONE CHART Blncrr F -FGiUl n� Ian - - I ISE RE 111 ATIONAS t Required Review RFsEess 46ght B f Req4ife4 Rar'(;Rg ps - CD I REGULATIONS AAl 7- OT-R-S IL -et -fie Rid` prat&i4eR 'r feawrelese th FGUg_h appe8FaRCe ypri5tir.riheight, fr Fm!;_ -.,f i angles, and ,. teFialr A:ecess 17 11, and 1V ape desuibed Ch�zr4_Q_5 c C—, Chapter 19 60 RURC7 C44a9t-eF 9 K FWRC, 9a7 PWRC rasp&et� Ce. Other; nfr. dtiG iut pa44pin Rd r, *iR r� ChapteF PA4r— Fer details Gf ,..hat ,-.-, exeeed t-tWs height limit, rXR 4 a 44n ncn et Per de —,-I aFds r a. Cl R1 RC' YLl C 9 Chapte Q- T 'USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN across for REGULATIONS _ - _ _ USE REGULATIONS Requires Review Process (Minimums Required Yards Maximums Height of Required BC ZONE SPECIAL REGULATIONS AND NOTES ILot 'Size Lot Covera e;Structure Front Side ~ each (Rear Parking (Spaces ❑ ❑ Permanent supportive housin.c Process None L 0 2010/20 None 55 ft. above ave_ rave building See Notes 14 and 1. Any proposed permanent supportive housing or transitional III and transitional housing housing facility with more than 15 units or which brin gs the total elevation number of permanent su ortive (ABE) See notes 9 and 10 housing or transitional housing units on the pronerty to more than 3 units must be distanced at least 11/3 miles (7,040 ft.) from anyproperty_ with more than 3 units of permanent supportive housing and/or transitional housing, as measured from the nearest points -of ach such property. Ordinance No. 21- Page 62 0j140 _ - _ USE REGULATIONS 115E ZONE CHART DIRECTIONS: FIRST read down to find use,. , THEN across for REGULATIONS BC ZONE Reg uired Parkin 5 aces SPECIAL REGULATIONS AND MOTES Minimums Maximums Re fired Lot Size Required Yards Side Rear each Lot Covera e Hecht of 5tructure Front Review Process 2. There shall be no more than 50 residences located within a sin Ie facility or complex. 3. The property is situated proximate toad has convenient access to ublic trans ortation sho in health care providers, and other services and facilities fre uenti utilized by the residents of the proper. 4. The facilijy or complex will be o erated under the authority of a reputable cioverning board social service or government aaency. ar proprietor. to whom staff are responsible and who will be available to city officials if necessa to resolve concerns pertaining to the property or residents. S. The housing will operate under a written community en a ement Ian approved by the governing agency, board or official which must address at a minimum: 1 how the facility will engage -with the community; 2] how the facility will respond to community complain or concerns- and 3 who is the point of contact for the communi . The plan shall be provided to the ci rior to occupancy and shall be u dated and provided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 EYRC Outdoors Yards and Landscaping, for appropriate requirements. T. For sign requirements that apply to the oroiect, see Ordinance No. 21- Page 63 of 140 USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN, across for REGULATIONS _ _ USE REGULATIONS Require d_ Review Process Minimums Re uired Yards Maximums Height of Re wired BC ZONE SPECIAL REGULATIONS AND NOTES Lot Size Lot CQVerage_Structure Front Side each Rear Parking .Spaces Chapter 19.140 FW RC. 8. For comm unit d esig n g uidelines that apply to the protect. see Chapter 19.115 FWRC. 9. Building height may not exceed 3D ft. above average building elevationelevatio for the pork -ion of the building located within 100 ft. from a single-family residential zone. 10. All bui Iding s except for related parking structures up to 65 ft. in hei ht six stories must be abled with p4hed roofs unless the buildin, iq is taller than 35 ft. fthree stories) with a rooftop that contributes to the multifamily o en space requirements. 11. Housing and accessory living facilities may be located on the round floor only as follows: a round levels ace that spans at least 60 percent of the total length of the principal commercial facade of all buildings, as determined b the director, is occul2ied with one or more other uses allowed in this one; and b ground levels ace that spans at least 40 percent of the total length of all other street -facia facades of all buildings is occupied with one or more other use allowed in this zone. Parking In coniunction with other uses allowed in this zone may also be located an the ground floor of the structure if non -visible from the right-of-wayor public areas. 12. All nonresidential round floor spaces must have a minimum floor - Ordinance No. 21- Page 64 of 140 _ _ - _ _ USE REGULATIONS USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS BC ZONE (Required Pa kin _ 'Spaces SPECIAL REGULATIONS AND NOTES Required Minimums Required Yards Maximums Lot Size Lot -Coverage Heiciht of Front SideRear Review Process Structure to -ceiling hei. ht of 13 ft. and a minimum depth of 15 ft. 13. The subiect property must provide usable a ens ace in a total amount equal to at least 150 s . ft. per dwelling unit and may include rivate spaces such as yards, oatios, and balconies as well as common areas such as playgrounds, recreation roomsplazas, ro.ofto terraces ools active lobbies atriums or other areas the director deems appropriate, A minimum of 25 percent of the usable open sace provided must be common o en space. Private open sace such as a patio, porch, balcony, or yard ma be credited toward total residential usable open sace if such private open sace is a minimum of 48 square feet and has_a minimum dimension of six feet. 14. Parking spaces shall be provided as follows: Efficiency units— 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units_:::1.5 er unit + 1 per 2 employees Units with two bedroms or more — 2.0 per unit + 1 per 2 employees 5. Altematively, an applicant ma choose to submit a parking study in accordance with FWRC 19.130.080(21, 16. The housing will operate under a written operational plan that wi I Ordinance No. 21- Page 65 of'140 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use .. , THEN, _across _for REGULATIONS Minimums Maximums BC _ Re aired Required Yards e aired ZONE (Review Process Parking USE REGULATIONS Lot Size Front Side I each (Rear iLot Coveracie Hei ht.of SPECIAL REGULATIONS AND NOTES Structure 'Spaces include at a minimum the following. a. Residents must be referred byl2roviders of housing and services for people experiencing homelessness. Direct intake of residents at he site without prior referral, is not -allowed. b. A description of transit, pedestrian and big,yde access from the_subjecL site to services and schools must be orovided to residents. c. An o erations clan must be provided that addresses the following elements: i. Roles and responsibilitles of key staff: ii. Site facility management, including a security and emergence plan; iii. Sitelfacility maintenance; iv. Occupancy Ordinance No. 21- Page 66 of 140 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums _ Maximums BC _ Re. fired Re u'red Yards ZONE Required Review Process _ USE.REGULATIONS Lot Size Front Side feachl Rear Lot Height -of Parkin Covera e Structure apices SPECIAL REGULATIONS ANDNOTES D oln ices, consistent with RCW 59.18 including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatgoft and unsafe behavior and the on -site use and sale of illegal drugs; V. Access to human and social services, including a staffing lan and expected outcome measures vi. Procedures for maintainin accurate and complete records. d. Providers and/or mans in Ordinance No. 21- Page 67 of 140 115E ZONE CHART _ DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Maximums _ Minimums BC - Required Yards ZONE _ Required Re wired _ Review FSize Side Process Front �— Rear USE REGULATIONS eac Lot Coverage Hecht of Structure Parking 5naces SPECIAL REGULATIONS AiVD NOTES agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness and ❑r certifications or academic credentials 'in an applivable human service field and or applicable experience in a related program with people experiencing. homelessness. e. For health and safety reasons the sponsor and or managing agency shall take all reasonable and le al steps to obtain verifiable identification information inicludinci full name an date of birth from current and prospective residents and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felon warrant it shall follow a protocol to work with the particivant to resolve any outstanding warrants with applicable legal authorities. Ordinance No. 21- Page 68 of 140 USE ZONE CHART DIRECTIONS: FIRST read down to find use... THEN,across for REGULATIONS _ IMinimums !Maximums BC - Re uire Yards ZONE _ Required Required _ Review Lot Lot Height of Parkin Process 'Size Front Side^ Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS each 1'.I ❑ For other information about arkin and parking areas see Chapter 19.130 FWRC. Process I II III and IV are described in Chapter 19.55 FWRC, Chapter 19,6.0 FWRC _ Chapter 19.65 FWRC _ 19.70 FWRC respectively. For details of what may exceed this _Chapter hei ht limit see FWRC 19.110.050 et sec. For details regarding required ands see FWRC 19,125.160 et sea. Section 12. Chapter 19.195 Sections is hereby amended to read as follows: Chapter 19.105 GENERAL DEVELOPMENT REGULATIONS Sections: 19.105.010 Buildable lot. 19.105.020 Essential public facilities. 19.105.030 Lighting regulation. 19.105.040 Regulation of work hours. 19.105.050 Group homes. 19.105.070 Family day care. 19.105.080 Adult family homes. 19.105.090 Regulated wellhead. 19.105.100 Repair of site improvements. Section 13. FWRC 19.105.060 is hereby repealed in its entirety. Section 14. Chapter 19.230 Sections is hereby amended to read as follows: Ordinance No. 21- Page 69 of 140 Chapter 19.230 CITY CENTER FRAME (CC-F)' Sections: 19.230.010 Office use. 19.230.015 Breweries, distilleries, and wineries. 19.230.020 Retail use. 19.230.030 Entertainment, etc. 19.230.040 Vehicle service station. 19.230.050 Hotel, convention and trade centers. 19.230.055 Emergency housing and shelter. 19.230.060 Multifamily dwelling units, senior citizen, or special needs housing. 19.230.065 Permanent supportive housing and transitional housing. 19.230.070 Group homes. 19.230.080 19.230.090 Schools — Day care facilities, commercial. 19.230.100 Hospitals — Convalescent centers — Nursing homes. 19.230.110 Parking garages. 19.230.120 Government facility, public parks, public transit shelter. 19.230.130 Public utility. 19.230.140 Personal wireless service facility. 19.230.150 Churches. 19.230.160 Urban agriculture. Section 15. FWRC 19.230.080 is hereby repealed in its entirety. Section 16. Chapter 19.195 Sections is hereby amended to read as follows: Chapter 19.195 SUBURBAN ESTATE (SE)' Sections: 19.195.010 Detached dwelling unit. 19.195.015 Permanent supportive housing and transitional housing. 19.195.020 Public or private stables. 19.195.030 Raising agricultural crops. 19.195.040 Keeping, raising animals, etc. 19.195.050 Other agricultural, livestock uses. 19.195.060 Churches, etc. 19.195.070 Golf course. 19.195.080 Micro -breweries, micro -distilleries, micro -wineries. 19.195.090 Day care facilities, commercial — Up to 50 attendees. Ordinance No. 21- Page 70 of 140 19.195.100 Schools. 19.195.110 Noncommercial sports fields, etc. 19.195.120 Community recreation areas. 19.195.130 Public transit shelter. 19.195.140 Public utility. 19.195.150 Government facility. 19.195.160 Public parks. 19.195.170 Cemeteries. 19.195.180 Accessory dwelling units. 19.195.190 Personal wireless service facility. Section 17. Chapter 19.195 of the Federal Way Revised Code is hereby amended to add a new section 19.195.015 to read as follows: The following uses shall be permitted in the Suburban Estate zone (SE) zone subject to the regulations and notes set forth in this section: _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS - - USE REGULATIONS Required Minimums Re uireci Yards 'Maximums Height of Required SE ZONE SPECIAL REGULATIONS AND NOTES Lot Size Lot eStructure Front Side each- RearCovera Review Process Parking 5[7aCeS Permanent supportive housing Process III S acres .30. ft. 20 ft. 20 ft. 10% 30 ft. above average building See Notes 9 1. Any proposed permanent supportive housing or transitional housing facility with and transitional housinrz and 10 more than 2 units, or which elevation brings the total number of permanent supIportive housin or transitional housing units nn the property to more than 3 units must be distanced at least 11A rnHes. (7,040 ft.) from any property with more than 3 units of permanent supportive housing and/or transitional housing, as measured from the nearest points of each such property. 2. There shall be no more than 10 residences located within a single structure per lat. Oi-dinanceNo. 21- Page71 of'140 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. ... THEN across for REGULATIONS _ - _ _ USE REGULATIONS Required IReview (Process Minimums Rewired Yards Maximums Height of Structure Required SE ZONE SPECIAL REGuLATiONS AND Lot Size ILot Covera e Front Side ea h Rear Parkin Spaces !NOTES I The roperty is situated proximate to and has convenient access to Laublic transportation, shoppinct, health care providers, and other services and facilities frequently utilized by the residents f the property, 4. The housing will be operated under the authority of a reputable governing board social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials if necessarv, to resolve concerns ertain ing tote property —or residents. 5. The housing will operate under a written communit engagement plan, approved b the governing agency, board ❑r official which must address at a minimum: 1 how the fac li will engage with the community; 2 how the facility will respond to communi com laints or concerns; and. 3] who is the point of contact for the community. The plan shall be provided to the cityprior to occupancy and shall be updated and provIded to the city as substantive changes are made to the plan. 6. Refer to Chapter 19,125 FWRC, Outdoors. Yards, an�f Landscaping, for appropriate Ordinance No. 21 _ Page 72 of 140 USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ Mi i ums Maximums SE - _ Re uired Required_ Yards Re aired ZONE Review Process Parking 5 aces _ USE REGULATIONS Lot Size Front Slde each gear Lot Coverage Height of SPECIAL REGULATIONS AND Structure NOTES requirements. 7. For sign requirements that apo[y to the pr6ect, see Chapter 19.140 FWRC. 8. For community desi n guidelines that apply to the project see Chapter 19.115 FWRC. 9. Parking spaces shall be provided as follows: Efficient units — 1.0 per unit + 1 ier 2 employees Studio units — 1.25 Qer unit + 1 per 2 employees One bedroom units— 1.5 per unit + 1 per 2 employee . Units with two bedrooms or more — 2.0 per unit + 1 per 2 emp Ql fees. 10. Altematively, an apolicant may choose to submit a parking study in accordance with FWRC 19.130.080 (2). 11. The housing will opera under a written operational plan that will include. at a minimum the following: a. Residents must be referred by providers of hausina and services for people ex eriencin homelessness. Direct intake of residents s at the site, without prior referral is not allowed. Ordinance No. 21- Page 73 of 140 _ USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ Minimums Maximums SE - Required Required Yards Re wired ZONE Review Process Parkin .spaces _ USE REGULATIONS Lot Size Front Side each Pea r Lot Covera e Height of SPECIAL REGULATIONS AND Structure NOTES b. A descri tion of transit pedestrian and bicycle access from the sula'ect site to services and schools must be provided to residents. c. An operations plan must be 12rovided that addresses the followin elements: i. Roles an responsibilities of W staff; ii. Siteifaciiity management, in�iuding a security and emeMen�C plan; iii. 5itelfacilit�+ maintenance; iv. Occ olp _icLes consistent with RCW 59.18, including resident responsibilities and a code of conduct that Ordinance No. 21- Page 74 of 140 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ (Minimums Maximums SE _ Required Required Yards Re uired ZONE Review Process Parkin ;Spaces _ USE REGULATIONS Lot Size Front : Side each Rea Lot Coverage ei ht of SPECIAL REGULATIONS AND Structure NOTES includes, at a minimum, a prohibition on threatening and unsafe behavior.' and the on -site use and sale of illegal drugs; V. Access to human and social services Including a staffinu clan and expected outcome measures, vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to Reople experiencing homelessness, and/ certifications or Ordinance No. 21- Page 75 of 140 _ USE ZONE CHART DIRECTIONS. FIRST read down to find use. .. THEN across for REGULATIONS _ Minimums IMaximums SE - Required Required Yards Required ZONE Par in Spaces _ USE REGULATIONS Review Process Lot Size Front Side each Rea ILot ,Coverage Hei ht of .SPECIAL REGULATIONS AND Structure NOTES academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safet reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, inc Iud_inp full name and date of birthfrom current and prospective residents. and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active felony warrant. it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal Ordinance No. 21- Page 76 of 140 USE ZONE CHART DIRECTIONS: FIRST. read down to find use ... THEN across for REGULATIONS _ - _ _ USE REGULATIONS Required Review Process inirnurns Required Yards Maximums Height of Rom_ SE ZONE SPECIAL REGULATIONS AND Lot Size Lot eraae Front 53de each 72V Parking Spaces Structure NOTES El 0 authorities. Process 1 lk III and IV are described in For other information about parkinand parking areas see Chapter 19.55_FWRC, Chapter 19.60 FWRC Chapter 19.65 FWRC Chapter 19.70 FWRC respectively. Chapter 1.9.130 FWRC. _ _ For details of what may exceed this height limit, see FWRC 19.1 1 0.050 et seq. For details regarding required yards. see FWRC 19.125.160 et sec. Section 18. Chapter 19.200 Sections is hereby amended to read as follows: Chapter 19.200 SINGLE-FAMILY RESIDENTIAL (RS)t Sections: 19.200.010 Detached dwelling unit. 19.200.020 Zero lot line townhouse and townhouse (attached) dwelling units. 19.200.040 Manufactured home parks. 19.200.045 Permanent supportive housing and transitional housinp,. 19.200.050 Churches, etc. 19.200.060 Golf course. 19.200.080 Day care facilities, commercial — Up to 50 attendees. 19.200.090 Schools. 19.200.100 Senior citizen or special needs housing. 19.200.110 Noncommercial sports fields, etc. 19.200.120 Recreation areas. 19.200.130 Public transit shelter. 19.200.140 Public utility. 19.200.150 Government facility. 19.200.160 Public parks. 19.200.170 Cemeteries. Ordinance No. 21- Page 77 of 140 19.200.180 Accessory dwelling units. 19.200.190 Personal wireless service facility. 19.200.200 Urban agriculture. Section 19. Chapter 19.200 of the Federal Way Revised Code is hereby amended to add a new section 19.200.045 to read as follows: 19.200.045 Permanent supportive bousing and transitional bousing. The following uses shall be permitted in the Single -Family Residential (RS) zone -subject to the regulations and notes set forth in this section: _ USE ZONE CHART DIRECTIONS: FIRST read down to find use. _ . THEN across for REGULATIONS _ - _ _ USE REGULATIONS Required Minimums Required Yards Maximums Height -of Re uired RS ZONE SPECIAL REGULATIONS AND Lot Siz Lot e FrantSide each Rea rCovera Review Process Parkina Structure 'Spaces 1NOTES Permanent suppogive hausin' Process III See Note 20 ft. 10 ft. 20 ft. See Note 9 30 ft. above average See Notes 11 and 12 1. Minimum lot size is as follows: a. In RS 35.0 zones, the minimum fat size is 35 000 s . and transitional housino _ 1. building elevation ft. b. In RS 15.0 zones; the minimum lot size is 15,000 s _ ft. ~ c. In RS 9.6 zones, the minimum lot sire is 9,600 s . ft. d. In RS 7.2 zones the minimum lot size is 7 200 s.. ft. e. In RS 5.0 zones the minimum lot size is 5,000 s _ ft. 2. Any proposed germanent supportive housing or transitional housing faciky with more than 2 units, or which brings the total number of permanent supportive housing or transitional housing units on the property to more than 3 units must be distanced at least 11/3 miles (7,040 ft. from any propeqwith more than 3 Ordinance No. 21- Page 78 of 140 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ - _ _ USE REGULATIONS Re uired Minimums Required Yards Maximums Height of Required RS ZONE SPECIAL REGULATIONS AND Lot Size Lot Coverage Frontside each Rear Review Process Parkin Spaces Structure NOTES units of permanent supportive housing and/or.transitional housingr as measured from the nearest points of each such property. 1 There shall be no more than G residences located within a single structure per lot. 4. The pro pefty is -situated proximate to, and has convenient access to ublic transportation, shopping, health care providers, and other services and facilities fre uentl utilized by the residents of t e property. 5. The housing will operate under a written community engagement plan, approved -by the governing agency, board or official, which must address at a mini um: 1 how the facility will engage with the community; 2] how the facility_ will respond to communit complaints or concerns; and. 3) who is the point of contact for the co mu it . The plan shall be p rovided to the city prior to occupancy and shall be updated and. orovided to the city as substantive changes are made to the plan. 6. Refer to Chapter 19.125 FWRC, Outdoors Yards and Landsca pin fora plo ro riate requirements. 7. Far sign requirements that Ordinance No. 21- Page 79 of 140 USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULA7 ON5 _ - _ USE REGULATIONS Required Minimums Re aired Yards Maximums Height of Re uired RS ZONE SPECIAL REGULATIONS AND Lot Size Lot Coverage_ (Fron Sidet � each (Rear Review Process Parking (Spaces Structure NOTES apply to the ro[ect see Chapter 19.140 FWRC. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. Maximum lot coverage is as follows: a. In RS 35.0 = 50%. b. In RS 1 a 0= 50%- c. in RS 9.6 = 60%. d. In RS 72 = 60%. e. In RS 5..0 = 60%. f. See FWRC 19.110.020 2 b for calculation of lot coverage for flag lots. 10, The sub'ect property must contain at least_400 sg. ft. of open sace per dwelling unit. This includes a minimum of 200 s . ft. of primate o ens ace for each unit and the remainder as usable common open sace_ Private open sace may include yards, patios, and balconies. Type III andscaping 10 ft. in width shall be provided along all arterial rights -of -way. Said landscaping_ shall be in a separate tract and shall be credited to the common open spate requirement._ At least 10 ^ercent of the oublic open s ace must be developed and maintained with.children's play equipment, except for h usin for the exclusive use of perso.hs over 55 years of age, in which ease the open space s al! be Ordinance No. 21- Page 80 of 140 _ USE ZONE CHART (DIRECTIONS: FIRST readdo canto find use.. . THEN arras for REGULATIONS _ - _ _ USE . REGULATIONS Required (Minimums Required Yards Maximums Height of Required RS ZONE 'SPECIAL REGULATIONS AND Lot Size ILot Front Side each Rear+Co_veraaeStructure Review Process Parkin Spaces INOTES developed with age - appropriate equipment. If the subject property contains four or more units, this required public open sace must be in one or more pieces, each having both a length and width of at least 25 ft. In addition if the subject property contains 20 or more units at least 50 percent of this required open space must be in one or more feces each having a length and width of at least 40 ft 11. Parking spaces shalt be provided as follows_ Efficient units — 1.0 per Unit + 1 per 2 employees Studio units --1.25 per unit + 1 per 2 employees One bedroom units — 1.5 l2er unit + 1 _per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 12. Alternatively, an applicant may choose to submit a parkincl study in accordance with FWRC 19.130.0802 . 13. The housin vi I a erate ender a written operational !an that will include at a minimum, the_fol€owino: a. Residents must be referred by providers.f housing and services for people experiencing Ordinance No. 21- Page 81 of 140 USE ZONE CHART DIRECTIONS' FIRST, read dawn to find use ... THEN, across for REGULAIIONS _ Minimums IMaximums RS _ egec uired Required Yards Required ZONE Review Process Parkin Spaces USE REGULATIONS Lot Size Front Sid each Rea r'Covera ILot e Height of SPECIAL REGULATIONS AND Structure NOTI S ii homelessness. Direct intake of residents at the site, without ❑rior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services and .schools must be rovided to residents. c. An operations plan must be provided that addresses the following elements: L Roles and responsibilities of key staff; H. Site facilit management, including a security_and emergency plan; iii, Site faciIit maintenance, iv. occupancy policies, consistent with R Ordinance No. 21- Page 82 of 140 USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS _ Minimums Maximums RS - _ Re uire Required Yards Required ZONE IReview (Process Parking Spaces _ _ USE REGULATIONS Lot Size Front F Side each Rear Lot Covera Height of SPECIAL REGULATIONS AND Structure NOTES including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal druss; V. Access to human and social services, including a staffing plan and expected outcome mean vi.. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated Ordinance No. 21- Page 83 of 140 _ USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ Minimums Maximums RS _ Require Re uired Yards Required ZONE Review Process Parkin 'Spaces �� _ USE REGULATIONS Lot Size Front Side each Rear 'Lot Coverage e Height of SPECIAL REGULATIONS AND Structure (NOTES experienceprovidin similar services to people experienci n homelessness and/or certifications or academic credentials in an applicable human service field, an_L applicable experience in a related program with people experiencing homelessness. e. For health and safe reasons; the sponsor andlor managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a Current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the Ordinance No. 21- Page 84 of 140 _ USE ZONE CHART DIRECTIONS: FIRST read down to find use... THEN across for REGULATIONS _ - _ _ USE REGULATIONS Required Minimums Required Yards IMaximums Height Q Structure Required RS ZONE 'SPECIAL REGULATIONS AND Lot Size ILot ro Fnt Side •each RearCoverage Review Process Pa� rking Spaces INOTES artici ant to resolve any outstandinog warrants with applicable legal authorities. Process 111 III and IV are described in For other information about Chapter 19.55 FWRC, Chal2ter 19.60 FWRC Chapter 19.65 RC Chapter 19.70 FWRC respectively_ parking and parking areas. see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et sect. For details regardingLuired yards, see FWRC 19.125.160 et sec. Section 20. Chapter 19.220 of the Federal Way Revised Code is hereby amended to add a new section 19.220.105 to read as follows: 19.220.105 Emeragency housing and shelter. The following uses shall be permitted in the community business (BC) zone s_ubiect to the regulations and notes set forth in this section: Ordinance No. 21- Page 85 of 140 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ - _ _ USE REGULATIONS(each) Re uired Minimums Required Yards Height of Re uired Parma BC Zone _ SPECIAL REGULATIONS AND NOTES Lot Size Front Side Rear Review Process Structure Spaces Emergency housing and shelter Process None 5 ft. See notes 45 ft. above average See Notes 13 and 14 1. Minimum side and rear yards III 1 and 2 shall be 20 feet adiacent to residential zones an_d5 ft. admacent _ Except 20. building to all other zones, 2. The city ma ermit these uses ft' a!o❑,q si�nr le- famil y residential elevation AABE to 55 ft. AABE See Notes 6 and 7 only if: a. The orovosed em.er en housing and shelter is distanced at_ zones least 1,000 ft. from: i. any other emergenry_ housing and shelter, or ii. public schools, as measured from the nearest See Note 10 Dints of each such propeU. b. The facility and program secures and maintains all licenses and/or approvals as required by the state. c. The property is situated proximate to, and has convenient access to ubiic trans ortation shoRp:ing, health care providers, and other services and facilities frequenter utilized by the residents ofthe property. d. The program will be operated the authority of a reputable _under povernina board social service o government agency, or proprietor,. to whom staff are responsible and who will be available to city officials, if necessary. to resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its Ordinance No. 21- Page 86 of 140 USE ZONE CHART (DIRECTIONS: FIRST read down to find use ... THEN across for RFGLJLATIONS _ - _ _ USE REGULATIONS ReNuired Minimums Re uired Yards Height of Structure Re uired BC Zone SPECIAL REGULATIONS AND NOTES Lot Size Front Side Rear Review Process parkin Spaces each hours of operation. ^ f. The facility will not create unreasonable impacts on traffic public utilities and services or on nearby residences. g. The facility is in compliance with applicable _health, fire, building, and safety requirements. h. The housing will o era e under a written community engagement plan, approved by the governing, agenc.y, board or official which must address, at a minimum: 1] how the facility will engage with the community; 2] how the facility will respond to community complaints or concerns; and, 31 who is the point of contact for the_ community_. The plan shall be provided to the cityprior to occupancy and shall be updated and provided to the city as substantive changes are made to the 3. The city will determine the maximum number of residents and the number of -dwelling units or occupancy rooms or suites permitted in a stand-alone development based on the followina criteria: a. The s ecific nature of the 9ccupancy and the persons that will be housed In the proposed development. b. The sae of the dwelling units or occupancy rooms or suites and the specific configuration of the facilities within these unitsr rooms or suites. Ordinance No. 21- Page 87 of 140 USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ - - _ USE REGULATIONS Re uired IMinimums Required Yards Height of Required Parking BC Zone SPECIAL REGULATIONS AND NOTES Lot Size rant Side each Rear Review Process Structure Spaces c. The impacts on nearby residential uses of the proposed development. d. The architecture site desi n and other.design features of the proposed development. 4. A minimum of one unit and na more than five percent of the total dwelling units in a mixed -use development may be social services transitional housing. 5. Floor area requirements, minimum sleeping areas, and bathroom facilities will be determined on a case —by -ease basis. 6. If approved by the director of community developm_e_nt the height of a structure ma exc ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors, if all of the following criteria are met: a. The increased height is necessary to accommodate the structural e ui ment or operational needs of the use conducted in the building and/or all ground floor spaces have a minimum floor -to -ceiling height of 13 ft. and a minimum depth of 15 ft.,* b. Height also corn lies with note 7 c. Height over 40 ft. is set rack from nonresidential zones by one additional ft. for each one ft. of height over 40 Ft: and d. Rooflines are designed to Ordinance No. 21- Page 88 of 140 _ FUSE ZONE CHART (DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ - _ _ USE REGULATIONS uire Minimums Required Yards Hei t of Structure IRequired Parking .� 'Spaces �— BC Zone SPECIAL REGULATIONS AND NOTES Lot Size Front Side 'each (Rear :Review Process avoid a predominantly flat and. featureless appearance through variations in roof height, forms angles, and materials. 7. Building height may not exceed 30 ft. AABE when located within 100 ft. of a si nol a-famil residential zone. Process I Ii 111 and IV are described in For other information about parking and parking areas. see Chapter 19.55 FWRC Chapter 19.60 FWRC, Chapter 19.55 FWRC. Chanter 19.70 FWRC respectively_ Chapter 19,130 FWRC. _ _ Far details of what may exceed this height limit, see FWRC 19.110.050 et sea. For details regarding required yards, see FWRC 19.125.160 et seq 19.220.105 Emergency housing and shelter. (Continued) _ 'USE ZONE CHART DIRECTIONS: FIRST, read down to find use .. , THEN, across for REGULATIONS - _ _ USE REGULATIONS Required Minimums Height of Required BC Zone SPECIAL REGULATIONS AND NOTES Lot Required Yards FrontSie each RearStructure'Spaces Review Process Par_ king Size 8. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development re uirements i.e. required buffers, parking tat landscaping, surface water fac!_ities: etc. 9. For community design guidelines tb_at Ordinance No. 21- Page 89 of 140 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ Minimums BC Required Yards - _ Re uired Height Required Zone Review Process Parking _ USE REGULATIONS Lot Side each Rear of Structure:Spaces SPECIAL REGULATIONS AND NOTES SizeFront © ❑ 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 the project. see Chapter 19.140 FWRC. 12. Refer to Chapter 19.265 FWRC t❑ determine what other provisions of this title may apply to the subject property. 13. Parking spaces shall be provided as follows: Efficiency units —1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit ± 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 14. Alternatively, an applicant may Choose to submit a parking study in accordance with FWRC 19130.080f2). 15. The housing will operate under a written operational plan that will include t a minimum the following: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site without prfor referral, is not allowed. b. A description of transit: pedestrian and bicycle access from the subject site to services Ordinance No, 21- Page 90 of 140 _ USE ZONE CHAR DIRECTIONS: FIRST read down to find use ... THENacross for REGULATIONS _ Minimums BC - _ Require_d Required Yards Height Re wired Zone Review Process Parkin _ USE REGULATIONS Lot Size Fron Side each Rea of Structure SPECIAL REGULATIONS AND NOTES Spaces and schools must be provided to residents. c. An operations plan must_he provided that addresses the following elements: 1. Roles and responsii7_ilities of icey staff; ii. Site/facility management, including a securit and emergency plan; HL Site/facility maintenance; iv. Occupancy policies, consistent with RCW S9.18, includin& resident responsibilities and a code of conduct that includes at a minimum, a prohibition__ on threatening and unsafe behavior; and the on -site use and sale of illegal drugs; Ordinance No. 21- Page 91 of 140 USE ZONE CHART _ DIRECTIONS: F IRST read d own to find use ... THEN across for REGULATIONS _ Minimums BC _ Required Re uired Yards Height Re uired Zone Review Process Parking _ USE REGULATIONS Lot Front Side each Rea of Structures _ SPECIAL REGULATIONS AND NOTES Size aces V. Access to human andjocial services Including_ staffing plan and expected outcome measures A Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated expedience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in anapplicabie human service field, andl_or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons. the sponsor and/or managing agency shall take all reasonable and leai steps to obtain verifiable identification informative including full name and date of birth from current and prospective residents and shall keep a log containing this information. Ordinance No. 21- Page 92 of 140 USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ Minimums BC _ _ Required Reguired Yards Re uired Zone —Height Review ]Process Parkin _ USE REGULATIONS ILot Front Side each Rear of Structure: SPECIAL REGULATIONS AND NOTES Size Spaces - L El f. Should the provider became aware of a current or prospective resident who has an active felony warrant it shall follow a protocol to work with the partic#pant to resolve any outstanding warrants with applicable legal authorities. Process I II 111 and IV are described For other information about parking in and parking areas, see Chapter 19.55 FWRC,. Chapter 19.130 FWRC. Chapter 19,60 FWRC, _ Chapter 19.65 FWRC Chapter 19.70 FWRC respectiveiv. Fa.r details of what may exceed this height limit, see FWRC 19.110.050 et sec. For details regarding a uired arils see FWRC 19.125.160 et sea. Section 21. Chapter 19.225 Sections is hereby amended to read as follows: Chapter 19.225 CITY CENTER CORE (CC-C)' Sections: 19.225.010 Office use. 19.225.015 Breweries, distilleries, and wineries. 19.225.020 Retail use. 19.225.030 Retail shopping center, regional. 19.225.040 Entertainment. 19.225.050 Hotel, convention or trade centers. 19.225.055 Emergency housin-. and shelter. 19.225.060 Parking garages. Ordinance No. 21- Page 93 of 140 19.225.070 Multifamily dwelling units, senior citizen, or special needs housing. 19.225.075 Permanent supportive housin and transitional housing. 19.225.080 Hospital — Convalescent centers — Nursing homes. 19.225.090 Schools — Day care facilities, commercial. 19.225.100 Government facility, public parks, public transit shelter. 19.225.110 Public utility. 19.225.120 Personal wireless service facility. 19.225.130 Churches. 19.225.140 Urban agriculture. Section 22. Chapter 19.225 of the Federal Way Revised Code is hereby amended to add a new section 19.225.055 to read as follows: 19125.055 Emergency housing and shelter. The following uses shall be permitted in the City Center Core (CC-C) zone subject to the regulations and notes set forth_ in this Section: _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ - _ _ Required Review Process Minimums Rewired Yards Height of Struct re'Spaces Required CC-C ZONE SPECIAL REGULATIONS AND NOTES Lot Size Front Side each Rear Parkin USE REGULATIONS Emergency housing and shelter Process None 20 ft. 5 ft. 70 ft. or 200 ft. See Note 5 See Notes 11 and 12 1. Minimum side and _rear vards shall III be 20 feet along residential zones and 5 ft. a I c n g a_II other zones. 2. The city may permit these uses oni if: a The proposed emer en housing and shelter is distanced at least 1000 ft. from: iii. any other emergencyemeLgency housing and shelter, or iv. public schools, as measured the nearest points -am of each such propeq. b. The facility and program secures and maintains all licenses and/or approvals as required by the state. c. The ro ert is situated Ordinance No. 21- Page 94 of 140 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS - _ USE REGULATIONS Re uired Minimums Required Yards Hei ht of Structure Required CC-C ZONE SPECIAL REGULATIONS AND NOTES Lot .Size Front Side each Rear Review Process Parkin Spaces proximate to, and has convenient access to,transportation, ,public shopping, h.eaith .care_ providers, and other services and facilities frequently utilized by the residents of the property. d_ The program will he operated under the authority of a reputable board, social service or _governing government acency, or proprietor, to wham staff are responsible and who will be available -to _city_offcials if necessary, to resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences; g. The facility is in compliance with applicable health; fire. building, and safety requirements. h. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address. at a minimum: 1] how the facility will engage with the community; 2) how the facility will respond to community complaints or concerns; and. 3) who is the point of contact for the community. The plan shall be provided to the city prior to occupancy and shall be updated and provided to the city as substantive Ordinance No. 21- Page 95 of 140 IDIRECTIONS. FIRST, read - Required Yards i CC-C Re wired Hei ht IRe .ui.red ZONE n ... .. ..... _. ..F ,.; I. T.... Process 1. 11. 111 and 1V are described in Chapter 19.55 FWRC Chapter 19.60 FWRC, Chapter 19.65 FWRC. Chapter 19.70 FWRC_res e[tiyely. changes are made to the plan. 3, The city will determine the maximum number of residents and the number of dwelling units or occupancy roams or suites permitted in a stand-alone development based on the following criteria. a. The specific nature of the occul2ancy and the persons that will be housed in the proposed development. b. The size of the dvvelhng units or occupancy rooms or suites and the specific configuration of the facilities within these units, rooms, or suites. c. The impacts on nearby residential uses of the proposed development. d. The architecture, site design, and other design features of the groposed development. 4.. Floor area requirements, minimum sleeping areas, and bathroom facilities will be determined on a case -by -case basis. 5. Building height may be increased from the permitted outright height of 70 ft. to 200 ft. in exchange for p.rovidingpublicly visible streetscape amenities, as defined in FWRC 19.05.190, along the rlg ht-of- way, the siting and design of which shall be approved by the director. For other information about parking and parking areas, see Chapter 19.130 FWRC. Ordinance No. 21- Page 96 of 140 USE ZONE CHART DIRECTIONS: FIRST. read down to find use . , THEN, across for REGULATIONS IMinimums Required Yards CC-C Re ireired Height e ired ZONE (Review ILot of Parkin Side re IProcess !Size Fran RearStructuSpaces - -- USE REGULATIONS each SPECIAL REGULATIONS AND NOTES For details of what may exceed this hei ht limit see FWRC 19.110.050 et sec. For details regarding required ands s.2e FWRC 19.125.160 et sea. 19.225.055 Emergency housing shelter. (Continued) _ USE ZONE CHART DIRECTIONS: FIRST read down to find use ... HEN across for REGULATIONS _ - - - USE REGULATIONS Required Review Process Minimums Required Yards. Height of Structure Re uired SPECIAL REGULATIONS AND NOTES Lot Size EMDI Side each Rear Parkin❑ Spaces 6. No maximum lot covers e is established. Instead, the buildable area will be determined by other site development requirernents, Le, required buffersparking lot landscaping, surface water facilities, etc. 7. For community _design _ guidelines that appiv to the project, see Chapter 19.115 FWRC. 8. For landscaping requirements that apply to the project. see Chapter 19.125 FWRC. 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 10. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property. 11. Parking[ spaces shall be provided as follows: Efficiency units — 1_.0 peLunit + 1 per 2 employee Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per Ordinance No. 21- Page 97 of 140 IUSE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ Minimums - Re uired Yards _ Required Height Required USE REGULATIONS Review Process Lot Front Side each Rear of Structure Parking Spaces S a -�— SPECIAL REGULATIONS AND NOTES Size 2 employees Units with two bedrooms or more - 2.0 per unit} 1 per 2 employees 12. Alternatively, an applicant may choose to summit a parking study in accordance with FWRC 19.130.080(2). 11 The h o usi ng will operate under a written operational plan that will include, at a minimum, the following. a. Residents must be referred by roviders of housing and services for people experiencing homelessness. Direct intake of residents at the site without prior referral is not allowed. b. A descri lion of transit edestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the foiIowl n elements: i. Roles and responsibilities of key staff; F. Site facili management, including a security and emergency plan; iii. Site facility Ordinance No. 21- Page 98 of 140 'USE ZONE CHART DIRECTIONS: FIRST read down to find use. .. THEN across for REGULATIONS _ Minimums - Re uired Yards _ Reg uired !Height Re uired Review Pa kin . _ Lot of USE REGULATIONS Process Size Front S'de each Rear'Structure Spaces :SPECIAL REGULATIONS AND NOTES maintenance; iv. Occupancy vIp Kies, consistent with ftcw 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on th reateni m and unsafe behavior: and, the on -site use and sale of illezal drugs, V. Access to human and social services including a staffing plan and expected outcome measure vi. Procedures for maintaining accurate and complete Ordinance No. 21- Page 99 oJ'140 USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN across for REGULATIONS _ Minimums - Rerluired Yards _ Required Height Re uired I.Revigw !Process Parking Spaces _ USE REGULATIONS Lot Size Front Side each Rear of Structure SPECIAL REGULATIONS AND NOTES El g records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to aeople ex erfencin homelessness and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the s onsor and ❑r ma naging agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and .date of birth from current and Prospective residents and shall keep a log containing this information. f. Should the providvr become aware of a current or prospective resident -who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any,outstandin warrants with applicable Jegal authorities. Process 111 Ill and IV are described For other information about parking and in 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 hei ht limit see FWRC 19.110.050 et se . Chapter 19.70 FWRC respectively._. Ordinance No. 21- Page 100 of 140 USE ZONE C IS€ REGULATIONS - - FFre-a-clh-17-�- SPECIAL REGULATIONS El Q For details reciarding re uired arils see FWRC 19.125.160 et seg. Section 23. Chapter 19.225 of the Federal Way Revised Code is hereby amended to add a new section 19.225.075 to read as follows: 19.225.075 Permanent supportive housing and transitional houlsin . The following uses shall be permitted in the City Center Core (CC-C) zone subject to the regulations and notes set forth in this section: USE ZONE CHART (DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ - _ _ US€ REGULATIONS RequirediRequired Review Process Minimums Required Yards Maximums oofeiaht - Structure CC-C ZONE - SPECIAL REGULATIONS AND NOTES Lot Size Lot e FrontSide (each) RearCovera Ilarkinp Spaces Permanent supportive housing Process None 10 feet None 70 ft. or 200 ft. _ See Notes 11 and 12 See Notes 16 and 17 1. Any proposed permanent supportive housing or transitional III and transitional housing housing facility with more than 2 units. or which brings the total number of Qermanent supportive housing or transitional housin units on the roe to more than 3 units must be distanced at least 11/3 miles (7,040 ft. fram a property with more th n 3 units of permanent s ❑rtive housing and/or transitional housing, as measured from the nearest 12gints of each such propertL 2. There shall be no more than 110 residences located within a single Ordinance No. 21- Page 101 of 1-40 USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ - _ Re uired Minimums Required Yards. Maximums of Structure Required CC-C .ZONE - SPECIAL REGULATIONS AND NOTES Lot Size LotHeight Covera e Front'Side each Rear (Review (Process Parki Spaces USE REGULATIONS facility or complex. 3. The property is situated proximate to, and has convenient access topublic trans ortation shopping, health care providers. and other services and faciiities frequently utilized by the reside is of the praperV. 4. The facility or complex wi[I be o oerated u nd er the auth a rity of a reputable governing board, social service or government agency, or proprietor, to whom staff are responsible and who will be available to city officials if necessary, to resolve concerns pertaining to the property or residents. 5. The housing will operate under a Written community engagement p]an. approved by the governing agency, board or official which must address at a minimum: 1 how the facility will engage with the community; 2 how the facility will respond to community com faints or concerns; and, 3]_who is the poi nto c❑ ntact for the -co m mu nit . The Ian shall be provided to the 61y prior to occupancy and shall be updated and provided to the city as substantive than. es are made to the plan. 5. Refer to Chapter 19.125 FWRC Outdoors Ya cis and Lang[ in for appropriate requirements. 7. For sign re uirements that apply to the project see Chapter 19.140 FWRC. Ordinance No. 21- Page 102 of 140 _ USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATION5 - _ USE REGULATIONS Required Review Process (Minimums Required Yards IMaximums Height Structure Required CC-C - SPECIAL REGULATIONS AND NOTES Lot Size Lot Front Side � each ReanCoveraaeo ParkingZONE 5 aces B. For community design guidelines that apply o the project, see Chapter 19.115 FWRC. 9. Where the building is located near right-of-way, the round floor must consist of non-residential s aces with a minimum floor -to - ceiling height_ofL 3 ft.; or residential spaces that contribute an active presence to the streetsca e. 10. Prima ry bu i Id ing entries to residential, retail, or parking must face an arterial street with no multifamily residential round -floor i2arking visible from arterial streets. 11. All buildings, except for related parking structures up to 65 ft. in height six stories must be ga.bled with pitched roofs, unless the buiId! n is taller than 35 ft. fthree stories) with a rooftop that contributes to the multifamily open space requirements. 12. Building height may be increased from the permitted outright height of 70 ft. to 200 ft. in exchange for providing publicly visible streetscape amenities, as defined in FWRC 19.05.190, aloes the ri ht-of-wa ' the siting and design of which shall be approved by the director. 13. The subiea propertymust provide usable open space in a total amount eq uaI to at least 100 s . ft. per dwelling unit and may include private open saces such .as yards, patios, and balconies as well as common open spaces such as Ordinance No. 21- Page 103 of 140 _ USE ZONE CHART. (DIRECTIONS: FIRST read down to find use ... THEN across for REGUL.ATIO.NS _Minimum - _ Required Required Yards Maximums Height of Structure Required' CC-C ZONE - SPECIAL REGULATIONS AND NOTES Lot Size Lot Covera e Front Side each Rear Y_ Review Process Parkin Spaces USE REGULATIONS ❑ ❑ plazas, playgrounds, recreation rooms rooftop terraces .- atches pools, active lobbies and atriums. A minimum of 25 percent of the usable open space provided must be common open sace. All ell ihle usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu p4pyrnent may be utilized for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 14. ALty common open sace requirements may be reduced at the discretion of the director ifan open sace study documents that less common open space will be adequate to serve the needs of the residents. 15. Surface parking areas must be located so that they are not visible from arterials or pedestrian oriented walkways. When determined by the director or designee that such requirement is not feasible, surface parking may be screened from public view by a compact evergreen_ hedge, a solid wall or fence or in a manner approved by the community development director or designee. 16. Parkino s paces shall be proVided as follows: Efficiency units — 1.0 per unit + per 2 employees Studio units — 1.25 per unit + 1 Ordinance No. 21- Page 104 of 140 _ USE ZONE CHART DIRECTIONS- FIRST read down to. find use. . . THEN across for REGULATIONS _ Minimums IMaximums Required Yards CC-C Front Side . each Rear _ _ USE REGULATIONS e uired Lat Size Lot Covera e Hei ht of = ^ Structure Required ZONE SPECIAL REGULATIONS AND NOTES Review Process Parkin ;Spaces L1 per 2 employees One bedroom units —1.5 per uni + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 17. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080(2.). 18. The housing wilt operate under a written operational plan that will include at a minimum, the following: a. Residents must be referred by providers of housing and servicesfor people experiencing homelessness. Direct intake of residents at the site, without prior referral is not allowed_ b. A descri tion of transit pedestrian and bicycle access from the subiect site to services and schools must be provided to residents. c. Ana erations plan must be provided that addresses the following elements: i. Roles and responsibilities of key, staff: Ordinance No. 21- Page 105 of 140 USE ZONE CHART DIRECTIONS: FIRST read dawn to find use ... THEN across for REGULATIONS Minimums Maximums - Re uired Yards CC-C Re "red IHei ht Re uired ZONE -mac (Review ILot 'Lot — Parkin Process 'Size Front Side each Rear'Covera e of Structure :Spaces - SPECIAL REGULATIONS AND NOTES USE REGULATIONS H. Site facili management including -a security and emergency plan; M. 5itelfacility maintenance; iv. Occu pancV policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohlibition on threatening and unsafe behavior, and, the on -site use and sale of illegal _d_ru s, V. Access to human and social services, including a staffing ❑ian Ordinance No. 21- Page 106 of 1=10 USE ZONE CHART DIRECTIONS: FIRST. read down to find use... THEN across for REGULATIONS _ Minimums Maximums - Required Yards CC-C Front Side eac ear'Lover USE REGULATIONS Required Lot Size ILot e Hei ht of Structure Re uired ZONE - SPECIAL REGULATIONS AND NOTES Review Process Parkin Spaces and expected outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing a encies shall have either a demonstrated experience providing similar services to people experiencing homelessness and/or certifications or academic credentials in an applicable human service fie _ and or applicable experience in_a related program with peopie experiencing homelessness. e. For health and safgty reasons, the sponsor and or managing agency shall take all reasonable and Ie a} steps to obtain verifiable identification information, including full name and date of birth from current and prospective residents, and shall keep a log containing this information. Ordinance No. 21- Page 107 of 140 USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ Minimums Maximums Required Yards - CC-C Front Side each RearCovera _ USE REGULATIONS ReqRe d Lot Size e of�� ht Structure wired ZONE SPECIAL REGULATIONS AND NOTES Review Process Palen Spaces ❑ ❑ f. Should the provider become aware of a current or Prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. Process 1. II, IlI__and IV are described in For other information about parking Chapter 19-55 FWRC and parking areas see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, _ Chapter 19.70 FWRC respectively. _ For details of what may exceed this height limit see FWRC 19.11,0.050 et_seg For details regarding required yards, see FWRC 19.125.160 et se . Section 24. Chapter 19.230 of the Federal Way Revised Code is hereby amended to add a new section 19.230.055 to read as follows: 19.230.055 Emergency housing and shelter. The following uses shall he permitted in the City Center Frame (CC-F) zone subject to the regulations and notes set forth in this section: i'S �'u �11fCU ,wn u„iui,w !M!RAjJL UI „JCL„emu CC-F REGULATIONS Review Lot Pe uired Yards Structure Parkin Ordinance No. 21- Page 108 of 140 Process Size ;Spaces ZONE 'USE Front Side each Rear SPECIAL REGULATIONS AND NOTES ❑ ❑ Emergency Process None 5 ft. See notes 45 ft. See 1. Minimum side and rearyards shall III 1 and 2 be 20 feet alona residential zones housing and above Notes shelter average 11 and 12 and 5 ft. along all other zones. 2. The city may permit these uses See note 8 building elevation only if: AABE _ a. The proposed emergency to 55 ft. housing and shelter is distanced at least 1,000 ft. from: AABE V. any other See emergency housing notes 4 and shelter. or and 5 vi. public schools as measured from the nearest points of each such property b. The facility and program secures and maintains all licenses and/or approvals as required by the state. c. The property is situated proximate to, and has convenient access to, public transportation shopping, health care providers,_and other services and facilities frequently utilized by the residents of the property d. The program will be operate under the authority of_a_[eputable governing, board, social service, government agency, or proprietor, to whom staff are responsible and who will be available to city officials if nece s to resolve conceals pertaining to the facility. e. The facility will have staffing, supervision, and security arrangernents appropriate to the number of residents and to its hours of operati—n. f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with Ordinance No. 21- Page 109 of 140 USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ - _ _ Required IMinimums Required Yards Height of Structure e Required Parkin CC-F ZONE SPECIAL REGULATIONS AND NOTES ILot ;Size Front— each Rear Review Process Spaces USE REGULATIONS applicable health fire, building, and safety requirements. h. The housing will operate under a written community engagement plan, aRproved by the governing agency, board or official, which must address, at a minimum:1) how the facility will engage with the community; 2] how the facility will respond to community complaints or concerns; and 3 who is the point of contact forthe community. The plan shall be provided to the citkprior t❑ occupancy and shall be updated and provided to the city as substantive c_hanoes are made to the plan, 3. The city will determine the maximum number of residents and the number of dwelling units or occupant roams or suites permitted in a stand-alone development based on the following criteria: a. The specific nature of the occupancyand the persons tha_will be housed in the proposed development. b. The size of the dwelling units or occupanU rooms or suites and the specific configuration of the facilities within these units, rooms, or suites. c. The impacts on nearby residential uses of the pro)oosed development. d. The architecture, site design, and other design features of the proposed development. 4. If approved by the director of community development, the height of a structure may exceed 40 ft. Ordinance No. 21- Page 110 of 140 FIRST USE REGULATIONSI ❑ L7 I Process I, Il, ill and lV are described in Chapter 19.55 FWRC Chapter 19.60 FWRC Chapter i 9.65 FWRC, Chapter 19.70 FWRC respectively. Ordinance No. 21- EN CC-F ZONE L REGULATIONS above average building elevation GAABR to a maximum of 55 ft. AABE and four floors if all of the following criteria are met: a. The increased height is necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor -to - ceiling height of 13 ft. and a minimum depth of 15 ft.; h. Heitrht also complies with note 5 c, Height over 40 ft. is set back from all residential zones by one additional ft. for each one ft. of height over 40 ft.: and d. Rooflines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, forms, angles, and materials. S. Building height may not exceed 30 ft, AA BE when I ocated within 100 ft. of a single-family residential zone. LFor other information about parking and parking are, 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 19,1 25.160 et se . Page 111 0f'140 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ !Minimums Lot 'Size - _ _ Re uired Review Process Re uired Yards Height of Structure Required Parking Spaces CC-F ZONE SPECIAL REGULATIONS AND NOTES Front Side each Rea USE REGULATIONS 6. No maximum lot coverage is established. Instead the buildable area will be determined by other site develo ment requirements, i.e. required buffers, parking lot landscaping, surface water facilities etc. 7, For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 8. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 10. Refer to Chapter 19,265 FWRC to determine what other provisions of this title may apply to the subject property, 11, Parking spaces shall be provided as follows. Efficien units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit ± 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 12. Alternatively, an applicant may choose to submit a parking study in accordance with FWRC 19.130.080[2]. 13. The housing will operate under a written operational plan that will include, at a minimum, the following: a. Residents must be referred by providers of housing and Ordinance No. 21- Page 112 of 140 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use _ , . THEN, _across for REGULATIONS _ Minimums Lot Size - _ _ 'USE REGULATIONS Required Required Yards Height of Required Parking CC-F ZONE SPECIAL REGULATIONS AND NOTES Frant(each 'Side Rear IReview (Process Structure Spaces �— services far peopie experiencing home_Iessness. Direct intake of residents at the site without prior referral is not allowed. b. A description of transit pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff; ij. Site facie man agementt including a security and emergency plan; III. Site/facili!y maintenance iv. Occupancy policies, consistent with RCW 59,18, including resident Ordinance No. 21- Page 113 of 140 _ USE ZONE CHART DIRECTIONS: FRYT, read dawn to find use ... THENr across for REGULATIONS _ Minimums Lot Si e Re uired Yards - _ _ USE REGULATIONS Require Height of Re uired : Parking Spaces CC_F ZONE SPECIAL REGULATIONS AND NOTES Front Side Review Process Structure each Rear ❑ ii res op _nsibllities and a code of conduct that includes, at a minimum a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs- V. Access to human and social services, includin a stafffnE plan and expected outcome measures; vi. Procedures for maintainin accurate and complete records. d. Providers and or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic Ordinance No. 21- Page 114 of 140 _ USE ZONE CHART ❑IRECTIONS: FIRST read down to find use ... THEN .across for REGULATIONS _ Minimums Lot .Size Required Yards - _ _ USE REGULATIONS Required Height of Structure Required CC-F ZONE SPECIAL REGULATIONS AND NOTES F on 'Side Rear IReview (Process Par in S ace �s — each credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safe reasons the sponsor and/or mana9;ing agency shalt take all reasonable and legal steps to obtain verifiable identification information, includingfull name and date of birth, from currentand prospective residents, and shall keep a log containing this informatlon. f, 5hbuld the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities, Process I, II, III and IV are described in For other information about parking Chapter 19.55 FWRC, and parking areas. see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Cha ter 19.65 FWRC _ Chapter 19.70 FWRC respectively.. For details of what may exceed this height limit, see FWRC 19.110.050 et sM. For details regarding ree uire� d yards, Ordinance No. 21- Page 115 of 140 USE ZONE CHART DIRECTIONS: F€RSf read down to. find use ... THEN across far REGULATIONS _ - _ _ Re uired Minimums Height of Structure Rec{uired parkin CC-F ZONE - SPECIAL REGULATIONS AND NOTES Lot Size Front Required Yards Side Review Process. Spaces 5t? — each Rear USE REGULATIONS D 0 see FWRC 19.125.160 et sea. Section 25. Chapter 19.230 of the Federal Way Revised Code is hereby amended to add a new section 19.230.065 to read as follows: 19.230.065 Permanent supportive housing and transitional housing. The following uses shall be permitted in the City Center Frame (CC-F) zone subject to the regulations and notes set forth in this section: 'USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ _ = USE REGULATIONS Re .uired Minimums Re uired Yards Maximums Lot Height Covera e of Structure Required CC-F . .ZONE - 'SPECIAL REGULATIONS AND NOTES Lot Size Front (Side each Rear Review Process Parking Spaces ❑ ❑ Permanent su ortive hausin Process None 10 feet None 70 ft. or 85 ft. _ See Notes 9 See Notes 15 and 1. Any proposed permanent supportive housing ❑rtransitional III and transitional housing housi g facility with more than 2 16 units. or which brings the total number of permanent supportive housing or transitional_ housing and 10 units on the property to more than 3 units, must be distanced at least 1113 miles (7,040 ft.) from any property with more than 3 units of permanent supportive housing andlor transitional housing,.as measured from the nearest pdlots of each such property. 2. There shall be no more than 110 residences located within a sin le facility or complex. Ordinance No. 21- Page 116 of 140 USE ZONE CHART DIRECTIONS: FIRST read down to find use _ .. THEN across for REGULATIONS _ - _ _ USE REGULATIONS e uired iMinimums Required Yards Maximums Height of Structure Required CC-F SPECIAL REGULATIONS AND NOTES Lot Size Lot Front bide each RearCQvefdcje IReview (Process ParkingZONE Spaces 3. The property is situated proximate to, and has convenient access VQ, 12ublic transportation, shopping, health care providers, and other services and facilities frequently ut lized by the residents of the property. 4. The facility or complex wilt be operated under the authority of a reputable govern ing_bpard, social service, or government agency, proprietorpropriet-orr to whom staff are responsible and who will be available to city officials,_if necessa to resolve concerns pertaining to the property residents. 5. The housing will operate under a written community engagement plan, approved by the governing agency, board, or official, which must address at a minimum: 1 how the facility will engage with the community; 2] how the facility will respond to community complaints or concerns: and, 3] who is the point of contact for the community. The plan shall be iprovided to the city rior to occupancy and shall be updated and provided to the city as substantive than es are made to the plan. 5. Refer to Chapter 19.125 FWRC Outdoors, Yards and Landscaping, for appropriate requirements. 7. For sign requirements that a�'_q_lu to the prrmect, see Chapter 19.140 FWRC. B. For community design guidelines Ordinance No. 21- Page 117 of 140 _ IUSE ZONE CHART (DIRECTIONS: FIRST read down to find use... THEN across for REGULATIONS _ - _ Required Minimums Required Yards Maximums Height of Structure Re uired CC_F ZONE SPECIAL REGULATIONS AN NOTES Lot Size Lot Coverage Front 'Side each Rear Parkin Review Process Spaces USE REGULATIONS that apply to the projectsee Chapter 19.115 FWRC. 9. Building height may be increased from the perMjtkd outri ht hei ht of 70 ft. to 85 ft. in exchange for providing publicly visible reetsca a amenities as defined in FWRC 19.05.190 along the ri t-of- wa - the siting and .desi n of which shall be approved by the director. 10. Structures on prol2erty that adroins a single-family residential zone shall be set back a minimum of 20 ft. from the property line ad'acent to the si no le-famii residential zone. The height of structures shall not exceed 30 ft. j elevation above a era a buildinc when located within 100 ft. from such Rropertv line, unless the project proposes utilizing an existing building. 11. All buildings, except for related parking structures up to 65 ft. in height fsix stories must be gabled with pitched roofs unless the building is taller than 35 ft. three stone with a rooftop that contributes to the multifamily ❑ en space re uirements. 12. Where the building is located near right-of-way, the groumd floor must consist of non-residential s aces vvi-th a minimum floor -to - ceiling height of 13 ft.: or, residential spaces that have been designed to contribute to an active resence to the streetsca e. 13. The sub ect 12rogerty most Ordinance No. 21- Page 118 of'140 _ USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ - _ Required Minimums Required Yards Maximums Height Structure Required' CC-F 1 ZONE SPECIAL REGULATIONS AND NOTES Lot Size Lot Coverage Front each f Rea Review Process Parking Spaces USE REGULATIONS ❑ ❑ ffa provide usable o ens ace in a total amount equal to at least 100 sq. ft. per dwe[lincl unit and may include private spaces such as yards, patics, and balconies, as well_as common open spaces such as plate p4avarounds recreation rooms rooftop terraces, p-patLhespools, active lobbies and atriums. A minimum of 25 percent of the usable open space provided must be common o ens ace. All of i le usable open space shall also meet the requirements specified in FWRC 19.115.115. A fee -in -lieu a do is available for up to 50 percent of the usable open space as specified in FWRC 19.115.115. 14. Any common open sace requirements may be reduced at the discretion of the director if an open space study documents that less common open space will be adequate to serve the needs of the residents. 15. Parking spaces shall i)e pLovided as follows: Efficient units — 1.0 per unit + 1 per 2 employees Studio units — 1.25 per unit + 1 per 2 employees One bedroom units — 1.5 per unit + 1 per 2 employees Units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 16. Alternatively, an applicant ma choose to submit a parking study in accordance with FWRC Ordinance No. 21-_ Page 119 of 140 USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ Mini urns Maximums Lot Size Lot Covera e _ Required Review Process Re ui td Yards Hei ht �— o Structure Re wired CC-F ZONE - SPECIAL REGULATIONS AND NQ7E5 Front Side Rea Parma Spaces U5E REGULATIONSeach l: ❑ 19.130,080(2). 17. The housin will operate under a written a erational plan that will include, at a minimum, the following: a. Residents must be referred by providers. of housing and services far eo le experiencing homelessness. Direct intake of residents at the site, without prior referral is not allowed. b. A description of transit pedestrian and bicycle access from the subject site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the following elements: i. Roles and responsibilities of key staff: iL SiteLfacifity management, including a security and emergency plan; iii. Site/facility Ordinance No. 21- Page 120 of 140 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN across for REGULATIONS _ Minimums IMaximums - Required Yards CC-F Erflnt 'Side each Rear _ USE REGULATIONS Re uired Lot Size ILot Coverage — I�f i ht — Structure Re uired ZONE - SPECIAL REGULATIONS AND NOTES Review Process Parkin •Spaces maintenance; iv. Occupancy+ olp ides, consistent with RCW 59.18 including resident -responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs- V. Access to human and social services, including a staffing plan and expected outcome measures; vi. Procedures for maintaining accurate and campiete Ordinance No. 21- Page 121 of 140 USE ZONE CHART DIRECTIONS: FIRST read down to find use.. THEN across for REGULATIONS _ Minimums Maximums - Required Yards 'CC-F _ Required Re uired Review Lot Lot parkingZONE _ Process Size Front Side Rear Coverage reiih of re S aces SPECIAL REGULATIONS AND NOTES USE REUULAT11ON5 each ❑ Cl records. d. Provlders and/or mans in agencies shall have either a demonstrated experience p rOvid i ng similar services to eo [e experiencing homelessness and or certifications or academic credentials in an applicable human service field and/or applicable experience In a related oro ram with people experiencingexperlencing homelessness. e, For health and safety reasons then onsorand or managing agency shall take all reasonable and legal steps to obtain verifiable identification information Ind uding full name and date of birth, from current and prospective residents and shall keep a log containing this information. f. Should the provider become aware of a current or prospective resident who has an active fetony warrant it shall fallow a protocol to work with the participant to resolve any outstandin Ordinance No. 2 1 - Page 122 of 140 USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ - _ _ Required Review Process Minimums Required Yards Maximums Heigh Structure Required CC-F ZONE SPECIAL REGULATIONS AND NOTES Lot Size Covera e°f Front— SideLot each Rea E king Spaces 115E REGULATIONS warrants with applicable le al authorities. Process I, II, III and IV are described in For other information about parking Chapter 1935 FWRC Chapter 19.60 FWRC Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. and 12arking areas see Chapter 19.130 FWRC. _ _ For details of what may exceed this height limit, see FWRC 19.110.050 et seg. For detaHs reciarding required yardsr see FWRC 19,125.160 et se . Section 26. Chapter 19.240 Sections is hereby amended to read as follows: Chapter 19.240 COMMERCIAL ENTERPRISE (CE)' Sections: 19.240.010 Manufacturing and production, general. 19.240.020 Warehouse — Distribution — Storage facilities — Truck stops — Automotive emissions testing facilities. 19.240.030 Commercial photography — Communications — Product testing — Industrial laundry facilities. 19.240.040 Hazardous waste treatment and storage — Chemical manufacturing — Gravel batch plant — Transfer station. 19.240.050 Vehicle, boat, equipment, and outdoor storage container sales, rental, service, repair — Self-service storage — Tow and taxi lots. 19.240.060 Retail — Bulk retail. 19.240.070 Retail, general and specialty — Manufacturing and production, limited. 19.240.080 Office uses. 19.240.085 Permanent supportive housing and transitional_bousing. Ordh7ance No. 2 1 - Page 123 of 140 19.240.090 Hotels — Motels. 19.240.095 Emergency housing and shelter. 19.240.100 Business, vocational, trade schools — Day care facilities, commercial — Animal kennels. 19.240.110 Entertainment — Generally. 19.240.115 Breweries, distilleries, and wineries. 19.240.120 Entertainment — Adult entertainment, activity, retail, or use (adult uses). 19.240.125 Public utility. 19.240.130 Government facilities, public parks, public transit shelter. 19.240.140 Personal wireless service facilities. 19.240.160 Churches. 19.240.170 Urban agriculture. 19.240.180 Group homes. Section 27. Chapter 19.240 of the Federal Way Revised Code is hereby amended to add a new section 19.240.085 to read as follows: 19.240.085 Permanent supportive housing and transitional housing, The following uses shall be permitted in the Commercial. Enterprise (CE) zone subject to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEM, across for REGI-LATQNS _ - _ _ Required Minimums Maximums Height of Required CE ZONE SPECIAL REGULATIONS AND NOTES Lot Size Required Yards Lot 'Coverage IFront Side each Rear Review Process Parkin Spaces Structure 'USE REGULATIONS Permanent surmortive housing Process None 5 ft. See Note None 45 ft. above average See Notes 13 and 1_ Any proposed permanent supportive housing or transitional I 12 and transitional ho^ using housing facility with more than 2 building elevation 14 units,, or which brings the total number of permanent sugportiv_e A( ABE) to 55 ft. AABE and four housima ❑r transitional housing units on the propeqy to more than 3 unitsr must be distanced at least 1'/3 miles 040 ft. from an property with more than 3 units of floors See permanent supportive housing and/or transitional housin as measured from the nearest Dints of each such property Ordinance No. 21- Page 124 of 140 USE ZONE CHART DIRECTIONS: FIRST read down to find use... THEN across for REGULATIONS _ - _ _ Reguired Minimums Required Yards Maximums Height of Re uir d CE ZONE SPECIAL REGULATIONS AND NOTES Lot Size Lot Cove Front Side Leachl Rear Review Process P ra king 'Spaces Structure USE REGULATIONS Notes 9 and 10 2. There shall be no more than 110 residences located within a sint_il.e facility or complex. 3. The property is situated proximate to, and has convenient access to -public transportation, shopping, health care providers and other services and facilities frequently utilized by the residents of the property. 4. The facility or complex will be operated under the a uthority of a reputable governing board, social service, orgovernment agency, 4r prol2rietor, to whom staff are responsible -and who will be available to city officials,_if necessaLy, to resolve concerns pertaining to the property or residents. 5. The housing will operate _u_rlder a written community engagement plan, approved by the governing agena, board, or official, which must address at a minimum: 11 ho the facility will engage with the community. 2) how the facility will resod to community complaints or concerns; and. 3] who is the point of contact for the community The Ian shall be provided to the city prior to occupancy and shall be undated andprovlded to the city as jes are made to substantive chanc the pfan. 6. Refer to Chapter 19.125 FWRC, Outdoors Yards and Landsca in for appropriate requirements. 7. For sign requirements that apply 0I'dh7ance No. 21- Page 125 o, 140 USE ZONE CHART QIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ - _ _ USE REGULATIONS Re uired. Minimums IMaximums IRe uired CE ZONE - SPECIAL REGULATIONS AND NOTES Lot .Size Required Yards ILot CDvera e Height of Front Side each Rear Review Process Parkin S aces Structure to the project: see Chapter 19.140 FWRC. S. For com_munity design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. If approved by the director, the height of a structure m_a� exceed 40 ft. above average b0ding elevation (AABE), to a maximum of 55 ft. AABE and four floors, if all of the following criteria are met: a. The increased height is necessary to accommodate the structural a ui ment or operational needs of the use conducted in the building and or all around floor spaces have_a inimufloor-to-ceiling height of 13 ft. and a minimum depth of 15 ft b. Hei ht complies with note 10• c. Hei ht over 40 ft, is set back from all residential zones by one additional ft. for each one ft. of height over 40 ft.: and d. Rooflines are designed to avoid a predominantly fiat and featureless aopearance throwh variations in roof height, forms, angles, and materials. 1Q, BWi[djnq hei ht may not exceed 30 ft. AABE when located within 100 ft. of a single-famlly residential zone. 11, The subject property must provide usable open space [n a total amount a uaI to at least 100 s . ft. per dwelling unit and may include private spaces such as yards. patios, Ordinance No. 21- Page 126 of 140 _ USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS _ - _ USE REGULATIONS Require Minimums Required Yards Maximums Height of e uired CE (ZONE - SPECIAL REGULATIONS AND NOTES Lot Size Lot e!Structure FrontSIde each RearCovera Review Process f arkin. Spaces ❑ 0 and balconies, as well as common ❑ ens aces such as plazas, playgrounds, recreation rooms, rooft❑ terraces - atchespools, active lobbies and atriums. A minimum of 25 percent of the usable open space provided must be common open ace. All eligible usable open space shall also meet the requirernents specified in FWRC 19A 15.115. A fee -in -lieu option i available for up to 50 percent of the usable open sare as specified i FWRC 19.115.115. 12. Minimum side and rear yards shall be 20 ft. adjacent to s_ingle- family residential zones and 5 ft adjacent to all oth.erzones. 13. Parking spaces shall be provided as follows: Eff iden cy units - 1.0 per unit + 1 per 2 employees Studio units - 1.25 per unit + 1 per 2 employees One bedroom units - 1.5 per unit + 1 per 2 employees units with two bedrooms or more - 2.0 per unit + 1 per 2 employees 14. Alternativety, an applicant ma choose to submit a_parking study in accordance with FWRC 19.13US0(2). 15. The housing will operate under a written ❑ erational plan that will include, at a minimum, the following: a. Residents must be referred Ordinance No. 21- Page 127 of 140 _ FUSE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ Minimums Maximums - e u'red Yards CE _ Re ui. d Required — ZONE _ Review Lot Lot Height ❑f Parkin (Process Size Front Side Rear Coverage Structure Spaces each 'SPECIAL REGULATIONS AND NOTES USE REGULATIONS by providers of housing and services far people experiencing homelessness.. Direct intake of residents at the site without prior referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the sub'ect site to services and schools must be provided to residents. c. An operations plan must be provided that addresses the fallowing elements: L Roles and responsibilities of key staff; ii. 5ite facilit management, including a security and emergency plan; iii. Site fadlit maintenance; iv. Occupancy policies, consistent with RCW 59.1.8, Ordinance No. 21- Page 128 of7 !0 USE ZONE CHART (DIRECTIONS. FIRST, read down to find use ... THEN, across for REGULATIONS _ Minimums Maximums Required YardsCE _ Required Review Lot Lot He ht of Re uired ZONE Parkin Process Size Front S�de each Rear Coverage Structure Spaces SPECIAL REGULATIONS AND NOTES USE REGULATIONS including resident responsibilities and a code of conduct that includes: at a minimum, a prohibition on threatening and unsafe behavior; and, the on -site use and sale of illegal drugs; V. Access to human and social services, including a staffing plan and_expeeted outcome measures; vi. Procedures for maintaining accurate and complete records. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to Ordinance No. 21- Page 129 of 140 IUSE ZONE CHART DIRECTIONS: FIRST read dawn to find use ... THEN across for REGULATIONS _ Minimums Maximums - Re uired Yards Front Side each Rear _ _ USE REGULATIONS Required Lot Size Lot C .era e Height of Structure Re uired ZONE SPECIAL REGULATIONS AND NOTES Review Process kin 'Spaces people experienciin homelessness and/or certifications or academic credentials in an applicable human service field, and/or applicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor andlor managing agency shall take all reasonable and legal steps to obtain verifiable identification information, 1 nd uding full name and date of birth, from current and prospective residents, and shall keep a lag cont_a:ining this information. f. should the provider become aware of a current or prospective resident who has an active felony warrant, it shall follow a protocol to work with the participant to resolve any outstanding warrants with applicable legal authorities. Process I. 11, III and IV are described in For other information about parking Chapter 19,55 FWRC, and Rarking areas see Chapter 19,60_FV11RC Chapter 19.130 FWBC Ordinance No. 21- Page 130 of 140 _ USE ZONE CHART DIRECTIONS: FIRST read down to find use ... TH EN across for REGULATIONS _ - _ _ Required Minimums Maximums Height of Structure Require CE ZONE SPECIAL REGULATIONS AND NOTES Lot Size Re wired Yards Lot erae Front SideRea each Review Process Parking Spaces USE REGULATIONS ❑ ❑ Chapter 19.65 FWRC Chapter 19.70 FWRC respectively. For details of what may exceed this height limit see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 28. Chapter 19.240 of the Federal Way Revised Code is hereby amended to add a new section 19.230.095 to read as follows: 19.230.095 Emergency housing and shelter. The following uses shall be permitted in the commercial enterprise (CE) zone subiect to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST. read down to find use ... THEN, across for REGULATIONS _ - - _ USE REGULATIONS Required Minimums Nei ht of Required ZONE CE SPECIAL REGULATIONS AND NOTES Lot Size Re uired Yards Front Side e Ch Rear Review Process Parkin Spaces Structure Emergency housing and shelter Process None 5 ft. See notes 45 ft. above average building elevation See Notes 10 and 11 1. Minimum side and rear yards I 1 and 2 shall be 20 feet adjacent to single family residential zones and 5 ft. See note 3 adjacent to all other zones. 2. The city may permit this use only. A( ABE) to 55 ft. AABE See notes 3 if: a. The proposed emergency housing and shelter is distanced at least 1.000 ft. ftm: vii. :any other emergency Ordinance No. 21- Page 131 of 1 d0 _ IUSE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS _ - - _ 'USE REGULATIONS Required Minimurna Required Yards Hei t of Structure Re uired Z[)NF E - SPECIAL REGULATIONS AND NOTES Lot Size Front Side each Rear Review Process Parkin Q Spaces and 4 ❑ ❑ housing and shelter, or viii. uublic schools as measured from the nearest points of each such properk b. The facility and program secures and maintains all licenses and/or approvals as required by the state. _c. The property is situated proximate to and has convenient access to, public transportation, shopping, health care providers, and other services and facilities frequently utilized by the residents of the property. _ d. The facility will be operated under the authority of a rep utable governing board, social service, or government agency, or proprietor, to whom staff are responsible and who will be available to city officials if necessary, to. resolve concerns pertaining to the facility. e. The facility will have staffing, supervision, and security arrangements appropriate to the number of residents and to its hours of operation_ f. The facility will not create unreasonable impacts on traffic, public utilities and services or on nearby residences. g. The facility is in compliance with applicable health, fre, building, and safety requirements, h. The housing will operate under a written community engagement plan, approved by the governing Ordinance No. 21- Page 132 of 140 USE ZONE CHART !DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ - _ _ 5E REGULATIONS Required Minimums Required Yards Height of Structure Re wired F L TC - SPECIAL REGULATIONS AND NOTES Lot Size Front Side each Rear Review Process Park'n Spaces ❑ L.i agency, board, or official, which must address, at a minimum: 1 how the facility will engage with the community; 2] how the facility will respond to community complaints or concerns; and, 3) who is the point of contact for the community. The Ian shall be provided to the cit prior to occupancy and shall be updated and provided to the city as substantive chap es are made to the plan. 3. If armrroved by the director, the height of a structure may exceed 40 ft. above average building elevation (AABE), to a maximum of 55 ft. AABE and four floors if all of the following criteria are met: a. The increased_ height is necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, an all ground floors aces have a minirrium floor -to -ceiling height of 13 ft. and a minimum depth of 15 ft b. Height also complies with note 4 c. Hei ht over 40 ft. is set back from nonresidential zones by one additional ft. for each one ft. of height over 40 ft_; and d, Roofiines are designed to avoid a predominantlyflat_and featureless appearance through variations in roof height, forms, angles, and materials. 4. Building. height may not exceed Ordinance No. 21- Page 133 0j'140 10 0 1 Process I. Il, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC Chapter 19.70 FWRC respectively, 1.9.240.095 Emergency housing and shelter. (Continued) GULATIONS ZONE SPECIAL REGULATIONS AND NOTES 30 ft. AABE when located within 100 ft. of a single-family residential zone. 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 sec... For details reg ardi ng re uired yards see FWRC 19.125.160 et sea. _ USE ZONE CHART DIRECTIONS. FIRST, read down to find use ... THEN, across for REGULATIONS _ Minimums Required Yards CE IFront Side each IRearStructure'Spaces _ 'USE REGULATIONS Required Lot .Size Height of iReq uired ZONE - SPECIAL REGULATIONS AND NOTES Review Process Parking _ 5. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e.. required buffers, parking lot Iandscapina, surface water facilities, etc. 6. For community design guidelines that apply to the project see Chapter 19.115 FWRC, 1. For landscaping requirements that Ordinance No. 21- Page 134 of 140 USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS _ IMinimums - Required Yards CE IFront Side each Rear _ - USE REGULATIONS Required iLot Height of Structure Re uired,ZONE SPECIAL REGULATIONS AND NOTES Review Process Parkin Size Spaces ❑ ❑ apply to the protect, see Chapter 19.125 FWRC. 8. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 9. Refer to Chapter 19.265 FWRC .to determine what other provisions of thi_s title may al2ply to the sub ect pro 10. Parking spaces shall be provided as follows: Efficient units — 1.0 per unit + 1 per 2 employees Studio units — 1.25_per unit + 1 per 2 employees One bedroom units — 1.5.per unit + 1 per 2 employees Dwellina units with two bedrooms or more — 2.0 per unit + 1 per 2 employees 11, Alternatively, an applicant choose to submit a garking study in accordance with FWRC 19.130.080(2). 12. The housing will operate under a written operational plan that will include, at a minimum, the_foilowino: a. Residents must be referred by providers of housing and services for people experiencing homelessness. Direct intake of residents at the site without r!Dr referral, is not allowed. b. A description of transit, pedestrian and bicycle access from the subject site to services add schools must be provided t residents. Ordinance No. 21- Page 135 of 140 USE ZONE CHART DI RECTIONS: FIRST read down to find use ... THEN across for REGULATIONS - Minimums Required Yards SCE Front Side laear each _ _ USE REGULATIONS Required Lot Height 'of Structure.Spaces Required — ZONE SPECIAL REGULATIONS AND NOTES ( Review (Process Parkin Size c. An operations plan must be provided that addresses the following elements; 1. Roles and res onsibilities of key staff; ii. Site facilit management including a security and emergency Ip an; Ili. Site fadli maintenance; iv. Occupancy policies, consistent with RCW 59.18, including resident responsibilities and a code of conduct that includes, at a minimum, a prohibition on threatemox and unsafe behavior; and,, the on -site use and sale of illegal drugs; V. Access to human and social service- including a staffing Ordinance No. 2 1 - Page 136 of 140 USE ZONE CHART D[RECTI ON S: FIRST read down to find use ... THEN across far REGULATIONS _ IMinimums - Required Yards CE _ _ Required Lot !Height �pf Required ZONE Review Parkins USE REGULATIONS Process (Front Side each) Rear Structure - SPECIAL REGULATIONS AND NOTES Si.ze Spaces plan and erected outcome measures, vi. Procedures for maintaining accurate and compiete records_. d. Providers and/or managing agencies shall have either a demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an applicable human service field, and/or appiicable experience in a related program with people experiencing homelessness. e. For health and safety reasons, the sponsor and/or managing agency shall take all reasonable and legal steps to obtain verifiable identification information, including full name and date of girth, from current and prospective residents, and shall keep a log containing this information. f. Should the provider become aware of a current or prospective. resident who has an active felon Ordinance No. 21- Page 137 of 140 _ USE ZONE CHART DIRECTIONS. FIRST, read down to find use. .. THEN, across for REGULATIONS _ Minimums - Req uired Yards CE Front Side each Rear _ _ USE REGULATIONS Required Lot Height of tructure Re uired ZONE SPECIAL REGULATIONS AND NOTES IReview IProcess Parkin Size Spaces warrant, it shall follow a protocol to work with the Participant to resolve any outstanding warrants with applicable legal authorities. Process I, IL III and N are described For other information about parking in and parking areas, see Chapter 19.55 FWRC Chapter 19.130 FWRC. Chapter 19.60 FWRC Chapter 19.65 FWRC, _ Chapter 19,70 FWRC respectively. For details of what may exceed this height limit, see FWRC 19.110.050 et sec. For details regarding required yards, see FWRC 19.125.160 et sea. Section 29. 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 30. 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. Ordinance No. 21- Page 138 of 140 Section 31. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 32. 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 2021. [signatures to follow] Ordinance No. 21- Page 139 of 140 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 21- Page 140 of 140