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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 (“ST3”) 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
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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
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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, 2021and November 2, 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.
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(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,
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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
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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.
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“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 special provisions outlined in subsection (2) of this section.
Review of Class I facilities shall be under process IV, hearing examiner decisionunder
process IV, hearing examiner decision. Project review shall also include those special
provisions outlined in subsection (2) of this section.
(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
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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
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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) 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.
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:
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USE
REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Maximum Height of Structure Min. Required Parking Spaces ZONE
CC-C
SPECIAL REGULATIONS AND NOTES Lot Size Required
Yards Front Side (each) Rear Light Rail
or
Commuter
Rail
Transit
Facility
Process
IV, See
note
16.
None 75 ft.
above
average
building
elevation
(AABE)
See notes
1
and 2
500
Spaces.
See
notes 13,
14 and
15.
1. If approved by the director, the height of a structure may exceed 75 ft. above
average building elevation (AABE), if the increased height is necessary to
accommodate the structural, equipment, or operational needs of the use.
2. Building height may not exceed 75 ft. AABE when located within 100 ft. of a
Single-family residential zone.
3. The proposed development will be consistent with the adopted
comprehensive plan policies for this zone.
4. Minor and supporting structures constructed as a functional requirement of a
facility may be allowed at the same height as the primary structure, provided the
Director of Community Development Services determines that the facility and
any related supporting structures will not significantly impact adjacent
properties.
5. The subject property must be designed so that truck parking, loading, and
maneuvering areas; areas where noise generating outdoor uses and activities
may occur; and vents and similar features are located as far as possible from any
residential zone, conforming residential use, or natural systems.
6. The streets, utilities, and other infrastructure in the area must be adequate to
support the proposed development.
7. No maximum lot coverage applies. Instead, the buildable area will be
determined by other site development regulations, i.e., required yards,
landscaping, surface water facilities, etc.
8. For regulations pertaining to outdoor use, activity and storage, refer to FWRC
19.125.170.
9. For community design guidelines that apply to the project, see Chapter
19.115 FWRC.
10. For landscaping requirements that apply to the project, see Chapter 19.125
FWRC.
11. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
12. For other provisions of this chapter that may apply to the subject property,
see Chapter 19.265 FWRC.
13. A parking study may be submitted to reduce the amount of parking required
to accommodate the patrons of a publicly accessible transit station. The director
shall, after consultation with the City Traffic Engineer, make a determination as
to whether to approve any proposed reduction.
14. Parking must be generally structured, and designed for the smallest footprint
that will accommodate the required parking to serve the patrons of a publicly
accessible transit facility. Up to 10% of required parking may be allowed as
surface parking, in order to accommodate limited purpose parking spaces, i.e.
ADA parking spaces, short term parking spaces, etc.
15. Required structured parking will be within 1000 feet of the station, unless
otherwise approved by the director. The distance shall be measured along an
approved pedestrian path from the Station entrance to the closest public
pedestrian entrance to the parking structure.
16. Project will be reviewed as a Class I Essential Public Facility, refer to
FWRC 19.105.020(2).
0 ft. 0
ft.
0 ft.
Except 20 ft.
along Single-
Family
residential
zones
For other information about parking and parking areas, see Chapter 19.130 FWRC.
For details of what may exceed this height limit, see FWRC 19.110.050 et. seq.
For details regarding required yards, see FWRC 19.125.160 et seq.
Process I, II, III and IV are described
in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
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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:
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USE
REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS Required Review Process Minimums Maximum Height of Structure Min. Required Parking Spaces ZONE
CE
SPECIAL REGULATIONS AND NOTES Lot Size Required
Yards Front Side (each) Rear Light Rail
or
Commuter
Rail
Transit
Facility
Process
IV, See
note
16.
None 50 ft.
above
average
building
elevation
(AABE)
See notes
1
and 2
500
Spaces.
See
notes 13,
14 and
15.
1. If approved by the director, the height of a structure may exceed 50 ft. above
average building elevation (AABE), if the increased height is necessary to
accommodate the structural, equipment, or operational needs of the use.
2. Building height may not exceed 50 ft. AABE when located within 100 ft. of a
Single-family residential zone.
3. The proposed development will be consistent with the adopted
comprehensive plan policies for this zone.
4. Minor and supporting structures constructed as a functional requirement of a
facility may be allowed at the same height as the primary structure, provided the
Director of Community Development Services determines that the facility and
any related supporting structures will not significantly impact adjacent
properties.
5. The subject property must be designed so that truck parking, loading, and
maneuvering areas; areas where noise generating outdoor uses and activities
may occur; and vents and similar features are located as far as possible from any
residential zone, conforming residential use, or natural systems.
6. The streets, utilities, and other infrastructure in the area must be adequate to
support the proposed development.
7. No maximum lot coverage applies. Instead, the buildable area will be
determined by other site development regulations, i.e., required yards,
landscaping, surface water facilities, etc.
8. For regulations pertaining to outdoor use, activity and storage, refer to FWRC
19.125.170.
9. For community design guidelines that apply to the project, see Chapter
19.115 FWRC.
10. For landscaping requirements that apply to the project, see Chapter 19.125
FWRC.
11. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
12. For other provisions of this chapter that may apply to the subject property,
see Chapter 19.265 FWRC.
13. A parking study may be submitted to reduce the amount of parking required
to accommodate the patrons of a publicly accessible transit station. The director
shall, after consultation with the City Traffic Engineer, make a determination as
to whether to approve any proposed reduction.
14. Parking must be generally structured, and designed for the smallest footprint
that will accommodate the required parking to serve the patrons of a publicly
accessible transit facility. Up to 10% of required parking may be allowed as
surface parking, in order to accommodate limited purpose parking spaces, i.e.
ADA parking spaces, short term parking spaces, etc.
15. Required structured parking will be within 1000 feet of the station, unless
otherwise approved by the director. The distance shall be measured along an
approved pedestrian path from the Station entrance to the closest public
pedestrian entrance to the parking structure.
16. Project will be reviewed as a Class I Essential Public Facility, refer to
FWRC 19.105.020(2).
0 ft. 0
ft.
0 ft.
Except 20 ft.
along Single-
Family
residential
zones
For other information about parking and parking areas, see Chapter 19.130 FWRC.
For details of what may exceed this height limit, see FWRC 19.110.050 et. seq.
For details regarding required yards, see FWRC 19.125.160 et seq.
Process I, II, III and IV are described
in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
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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.
PASSED by the City Council of the City of Federal Way this 2nd day of November,
2021.
[signatures to follow]
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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.: