Staff Report Public Transportation FacilitiesDepartment of Community Development
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-2607
www.cityoffederalway.com
Jim Ferrell, Mayor
Date: January 28, 2022
To: City Council
From: Brian Davis, Director of Community Development
Keith Niven, AICP, CEcD, Planning Manager
James Rogers, Senior Planner
Subject: Ordinance: Proposed Code Amendments: Public Transportation Facilities
Files: 21-103529-UP, 21-103530-SE
I. FINANCIAL IMPACTS
There is no financial impact to the City for this code update. This is a non-project proposal.
II. BACKGROUND
Community Development is seeking to amend Title 19 of the Federal Way Revised Code. These
proposed code amendments are to allow Light Rail or Commuter Rail Transit Facilities as a
specified permitted use within the Commercial Enterprise (CE) and City Center Core (CC-C)
zones. These facilities are currently allowed in these zones as Essential Public Facilities. This
proposed change would allow the city to apply more specific controls through development
regulations for that use, where currently they are allowed more broadly as essential public
facilities. Specifically, the revised code would require that transit stations provide a minimum
number of parking spaces for users of the facility.
III. PROPOSED CODE AMENDMENTS
Code Amendment 1 – City Center Core – New Land Use Chart
Allow the addition of “Light Rail or Commuter Rail Transit Facility” as a permitted use under a
new code number 19.225.105 Public Transportation Facilities. (See Exhibit 1)
Code Amendment 2 – Commercial Enterprise – New Land Use Chart
Allow the addition of “Light 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 – New Definition
Add a new definition to 19.05.200 T 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.
Code Amendment 5 – Text Amendment
Amend the text of 19.105.020 Essential Public Facilities to read:
(1) Generally. The review and siting of essential public facilities shall conform to the following:
(a) Class I facilities shall be reviewed under the zoning provisions found in their respective
zoning districts, as well as the special provisions outlined in subsection (2) of this
section. Review of Class I facilities shall be under process IV, hearing examiner decision.
(b) Class II facilities shall be reviewed under the zoning provisions and processes found in
their respective zoning districts, unless they are found to be exempt under the Federal
Fair Housing Act, in which case such exemption does not imply an exemption from
applicable building or structural standards.
IV. SEPA - Determination of Nonsignificance (DNS)
The city’s Responsible Official has determined that this non-project proposal does not have a
probable significant adverse impact on the environment, and an Environmental Impact Statement
(EIS) is not required under RCW 43.21C.030(2)(c). The required 60-day notice was posted with the
Dept. of Commerce on August 25, 2021. SEPA documentation for this proposal can be found at
https://docs.cityoffederalway.com/weblink/browse.aspx?id=865525&dbid=0&repo=cityoffederalway.
V. PUBLIC NOTICE AND PUBLIC COMMENT
The proposed code amendments to development regulations and the text of Title 19 FWRC, is
currently under public review in compliance with Process VI review, Chapter 19.80 FWRC, pursuant to
Chapter 19.35 FWRC.
Notice of the Determination of NonSignificance (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 ended 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). Staff worked with Sound Transit to modify the text within the zone charts and come to mutual
agreement. There was no appeal of the DNS.
Staff has made minor changes to the ordinance since it was originally posted, and subsequent to its
review by LUTC on October 4, 2021. Changes, as shown in the updated ordinance, 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.
Addendums to the original SEPA DNS documents were posted with the Department of Commerce on
January 28, 2022. New public notice and comment periods are not required, per Department of
Ecology guidance and WAC 197-11-600(4)(c).
The public hearing regarding this proposal will be held February 15, 2022 at City Council, as allowed in
19.080.190(1) FWRC. Notice was posted January 28, 2022, more than 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