Council advances middle-housing overhaul: new rules for duplexes, triplexes and unit-lot ownership

The Federal Way City Council on May 20 advanced a package of land‑use code changes aimed at implementing Washington’s middle‑housing laws, forwarding multiple ordinances to a June 3 second reading. The measures would permit a broader range of "middle housing" types — including duplexes, triplexes, fourplexes, townhouses, cottage housing and courtyard apartments — in areas now zoned for single‑family housing and create a unit‑lot subdivision process to allow individual ownership of attached units.

Holly Bosak, the city’s planning manager, told the council the package responds to 2023 state legislation and related requirements: "House Bill 1110 and related law require cities to allow four- to six‑unit options that are compatible in form and scale with single‑family neighborhoods," she said during the presentation. The code changes would consolidate the city’s three multifamily residential zone categories into one RM designation, set a new density standard of 1,150 square feet per dwelling unit in that zone, and adopt 5‑foot setbacks for middle‑housing unit lot subdivisions.

Council members and staff emphasized that the state’s timetable and model code were drivers: if the city did not adopt local rules by the state deadline, the statewide model code could take effect. Planning staff also noted they had cleared a SEPA review, received a planning commission recommendation in April and addressed a comment from the Washington State Department of Commerce on a prior draft. The package includes changes to Federal Way Revised Code Titles 18 and 19 and a new Chapter 18.700 establishing unit‑lot subdivision procedures to allow each unit in a townhome or multi‑unit configuration to be sold on its own lot with shared common areas.

During council deliberations members asked technical questions about parking, setbacks and ownership options and emphasized neighbor-facing details: Council members sought clarity on whether parent lots must meet minimum lot‑area requirements (they must) and confirmed the unit lots themselves would not need to meet minimum lot‑area thresholds once a parent lot complies. Staff described ownership options: (1) all units on one lot under single ownership; (2) condominium ownership; and (3) unit‑lot subdivision ownership where each unit sits on its own lot and common areas are jointly owned or held by an HOA.

The council voted unanimously to forward each ordinance to the June 3 council meeting for second reading and enactment. Council members asked staff to continue public outreach and to provide clear guidance for homeowners and developers about parking, utilities and potential homeowner‑association requirements. City staff noted unresolved implementation details (for example, how accessory dwelling units and unit lot subdivisions will interact with private covenants, septic systems and utility capacities) and said those matters will be addressed through administrative guidance and coordination with permitting departments.

Next steps: Second reading and final enactment are scheduled for June 3. If adopted, the new rules will allow broader housing configurations in single‑family zones and enable unit‑lot ownership as an alternative to condominium ownership. Staff said they will publish explanatory materials and update permit guides to help residents and developers understand the new processes.