New Form Based Code Adopted by City Council
On August 10, 2021, Covington City Council adopted an ordinance relating to amendments to the comprehensive plan future land use map adjustments, form-based code, and implementation revisions, adding a SEPA infill exemption and amending the multifamily property tax exemption.
NEW ORDINANCE 08-2021
Exhibit A - Future Land Use Map
Exhibit B - Downtown Form-based Code
Exhibit C - Municipal Code Consistency Changes
Exhibit D - SEPA Infill Exemption
Exhibit E - Multifamily Tax Exemption
Exhibit F - Support Letter from WA State Dept. of Commerce
Exhibit G - Response Letter from City to WA State Dept. of Commerce
|Downtown Zoning & Land Uses|
|Public Review Process
|Sign Up for Email Updates|
Downtown Open House Survey (Closed on Oct 4)
Leveraging a grant received from the Washington State Department of Commerce, Covington is evaluating changes to our regulations that control the design and use of Downtown buildings, streets, and public spaces. This project will lead to a new “form-based” code that will more effectively implement the community’s vision, respond to changes in the regional economy, and provide a catalyst for high-quality construction in the heart of Covington. Click the map to the right to view the study area.
In 2010 Covington formally updated its vision for downtown and adopted design and development standards. Since then, concerns have been raised over both the quantity and quality of new development. Covington’s aspiration for Downtown is a vibrant human-scaled environment with walkable streets and trails, high-quality mixed-use, office, and commercial development, and attractive streetscapes.
- An updated understanding of the economic trends in Downtown Covington
- A new form-based code that supports the Downtown’s vision as a compact and pedestrian-friendly business district
- A new code section that exempts certain types of Downtown construction from environmental review, as allowed by state law
- Recommendations for infrastructure improvement and expansion that is needed to support the growth of Downtown
|Form-Based Code /fôrm-bàsed kòd/ noun
A form-based code is a land development regulation that fosters predictable built results and a high-quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. A form-based code is a regulation, not a mere guideline, adopted into city, town, or county law. A form-based code offers a powerful alternative to conventional zoning regulation.
What we need from you!
We need your input as a Covington community member to let us know how you use, navigate, and feel about our Downtown. Instead of a typical public open house, the project team has developed this webpage to share information about our Downtown efforts. Stay tuned, sign up for the email list for updates, and check back as we continue to evaluate and adjust our public engagement approach.
|COVID-19: Public Engagement Approach|
|With the current restrictions on public gatherings due to COVID-19 restrictions, we are unable to conduct in-person meetings. That doesn’t mean we’ve hit the pause button… instead we are looking at new ways to engage on ways to improve Downtown during this time of “physical distancing.” On Sept. 17, we held the city's first virtual open house as an alternative to an in-person meeting.
Under the terms of the state grant, the code amendments must be adopted by the end of June 2021.
The City is leveraging State grant funding ($100,000) to accomplish this work.
The consultant team is auditing the current regulations that govern new construction and streets in Downtown Covington. The two primary items are Chapter 18.31 of the Covington Municipal Code and the Downtown Design Guidelines and Standards. The audit is ongoing, and initial findings include:
- The code and guidelines include multiple provisions for open-ended flexibility that have the potential to degrade development’s ability to implement Downtown’s vision.
- There is a significant amount of duplication internally and with other chapters of the Municipal Code.
- Many design topics that affect construction quality are either not addressed or are not discussed in enough detail, such as outdoor lighting, landscaping design, resident recreation areas, and pedestrian trails. Some areas need updates based on modern construction practices, like window design and wall materials.
- The Design Guidelines and Standards have some good photographs and graphics to show examples, but could be improved and clarified. Including bad examples (what NOT to do) can also be very useful.
- Some standards are very rigorous and may not be realistic, or come at significant cost to builders with little benefit to the public. Adding more clarity and alternative design options could help achieve balance between private and public interests.
- Many decisions are delegated to the Community Development Director, but clear criteria for approving unique designs are lacking.
Spring 2020 - Stakeholder Interviews In spring of this year, our consultant team interviewed an assorted group of community members, to listen to their perceptions on Covington and the Downtown. These interviews were conducted by phone or video conference, most interviewees were residents of Covington- some since prior to the city’s incorporation and others more recent arrivals; some worked, ran businesses, or owned property in the downtown; several currently or in the past have been on the city council or served on one or more of the city’s volunteer commissions; they ran the gamut from a high schooler to a retiree living in the Downtown. These interviews provided the consultants and staff some preliminary take-aways to contemplate on while evaluating the city’s existing codes and standards for development in the Downtown. Future virtual online public meetings will be held to confirm the community’s vision for Downtown Covington and gather more community input as we move forward.
A summary of these interviews can be viewed here: Spring 2020 Stakeholder Interview Summary
Summer/Fall 2020 - Existing Conditions Analysis, Market Demand Analysis, & Code Audit
Planning and any proposed amendments to the existing Downtown development codes including the Downtown Design Guidelines and Standards will be informed by both the short- and long-term conditions in downtown, the larger area of Covington, and across the region. An Existing Conditions Report has been prepared with two appendices: Appendix A: Market Study; Appendix B: Downtown Code Audit (B-1: Code & Design Standards Summary, B-2: Code & Design Guideline Audit ). These documents will serve as a baseline to evaluate if the vision for Downtown established a decade ago is being meet or are there are opportunities for improvements to the existing codes and standards. The information in these reports will be used as part of the Environmental Impact Statement (EIS) being prepared for the SEPA Infill Exemption code amendments and development of the Form Based code.
September 17, 2020 Virtual Open House
Covington held it's first ever online open house on September 17, 2020.
Public Review Process
2/4/2021 Planning Commission Meeting – Overview of the 1st Draft of the Form Based Code
At the February 4, 2021, Planning Commission online meeting, an overview of the 1st draft of the Form Based Code was provided along with a question and answer session. A copy of the 1st draft can be viewed at the link below. If you were not able to log in for the Feb. 4th meeting you can watch the video recording in the link below.
- Recording of 2/4/2021 Planning Commission meeting
- 1st draft of the proposed Form Based Code amendments
3/18/2021 Planning Commission Meeting – Discussion of Articles 1, 2, & 3 of 1st Draft of the Form Based Code
- Meeting Agenda includes links to the articles reviewed
- PowerPoint presentation provided at the March 18th meeting
- Recording of the presentation & discussion at the March 18th meeting
4/15/2021 Planning Commission Meeting – Discussion of Articles 4, 5, & 6 of 1st Draft of the Form Based Code
- Meeting Agenda
- PowerPoint presentation provided at the April 15th meeting
- Recording of the presentation and discussion at the April 15th meeting
5/20/2021 Planning Commission Meeting - Discussion of amendments to the city's SEPA regulations to allow for infill exemptions, Multifamily Tax Exemption regulations, and other amendments
6/17/2021 Planning Commission Meeting – Public hearing and consideration of proposed Comprehensive Plan Future Land Use Map adjustments and development regulation code amendments to the Covington Municipal Code (CMC) related to development in Downtown Covington.
- Covington FBC second Draft
- Proposed Infill Exemption Code
- Amendments to Chapter 3.80 Multifamily Property Tax Exemption
- Meeting Recording
- Meeting Presentation
7/15/2021 Planning Commission Meeting – Public hearing and consideration of proposed Comprehensive Plan Future Land Use Map adjustments and development regulation code amendments to the Covington Municipal Code (CMC) related to development in Downtown Covington.
- Proposed amendments – Form Based Code
- Proposed amendments – SEPA Infill Exemption
- Proposed amendments – Multifamily Tax Incentives
- Support Letter from the Washington State Department of Commerce
- Response Letter from the City of Covington to the Washington State Department of Commerce
- Meeting Recording
Downtown Form Based Code and SEPA Infill Exemption Programmatic Environmental Impact Statement (EIS)
The City of Covington is preparing an EIS as allowed by the State Environmental Policy Act (SEPA). The EIS describes the existing conditions and identifies probable significant environmental impacts, mitigation measures to mitigate these impacts, and any significant unavoidable adverse impacts from the proposal in accordance with RCW 43.21C.031. On March 3, 2021, the City issued the Downtown Form Based Code and SEPA Infill Exemption Programmatic Draft EIS addressing proposed Comprehensive Plan Future Land Use Map adjustments and development regulation code amendments to the Covington Municipal Code (CMC) related to development in Downtown Covington.
On March 3, 2021, the SEPA Official issued a Notice of Availability of the Draft EIS, and notice of a Community Meeting, with a 30-day public comment period ending at 5:00 p.m. on April 2, 2021. Please see below for additional information on public commenting opportunities.
- Notice of Availability
- Draft EIS
- Recording of 3/4/2021 Community Meeting
- 3/4/2021 Community Meeting PowerPoint
- Final EIS
Downtown Form Based Code and SEPA Infill Exemption Programmatic Final Environmental Impact Statement (Final EIS)
In 2020, the City of Covington initiated a community-based process intended to result in: A) An updated understanding of the economic trends in Downtown Covington. B) A new form-based code that supports the Downtown’s vision as a compact and pedestrian-friendly business district. C) A new code section that exempts certain types of Downtown construction from environmental review, as allowed by the State Environmental Policy Act (SEPA) under RCW 43.21c.229. D) Recommendations for infrastructure improvement and expansion needed to support the growth of Downtown.
The City of Covington has developed an EIS to examine a range of alternatives. The alternatives include retaining the current plan and code – called the No Action Alternative – and two Action Alternatives which would amend the Comprehensive Plan’s Future Land Use Map and zoning regulations to: recognize changes in public park and school properties in the study area; include a higher balance of residential and commercial mixed uses; address street frontages, density, height, design, and incentives; and provide improved infrastructure, civic, and open space amenities. Alternatives 2 and 3 vary in civic campus and town center concepts and zoning provisions. Each alternative is evaluated regarding surface water/stormwater, land use patterns/policies/socio-economics, aesthetics and urban design, transportation, public services, and utilities. The Final EIS completes the Draft EIS and evaluates a Preferred Alternative in the range of the alternatives.
This EIS considers the prior alternatives and relevant environmental evaluations from the following SEPA documents and adopts them:
- City of Covington 2015 Comprehensive Plan Periodic Update Environmental Review Determination of Significance and Adoption of Existing Environmental Documents and an Addendum, November 13, 2015
- Hawk Property Subarea Plan and Planned Action Final EIS, July 26, 2013
- City of Covington Downtown Plan, Final Environmental Impact Statement, July 6, 2005
Notice is hereby given under WAC 197-11-460 and 197-11-510 that the City of Covington is issuing the Downtown Form Based Code and SEPA Infill Exemption Programmatic Final Environmental Impact Statement (Final EIS).
Proponent & Lead Agency: City of Covington
SEPA Responsible Official:
Ryan Harriman, EMPA, AICP – Planning Manager
16720 SE 271st Street, Suite 100
Covington, WA 98042
Final EIS Issuance Date: August 2, 2021
Final EIS Public Notice Publishing Date: August 2, 2021
Draft EIS Date of Issuance: March 3, 2021
Draft EIS Comment Due Date: April 2, 2021 @ 5:00PM
Public Comment Opportunities:
Online Community Meeting
Time: 3:30 pm
- Prior to European settlement, the Stkamish, Smulkamis, and Skopamish people inhabited the Covington area. Eventually these tribes, together with other tribes along the White and Green Rivers, were resettled on the Muckleshoot Reservation, named for the prairie on which the reservation was established.
- Originally, Covington was a stop on a railroad line connecting Kanasket to Auburn.
- Covington was originally known for lumber mills on Jenkins and Soos Creeks and successful berry farms and dairies.
- Following World War II, the community grew from a rural farming community into a suburb.
- King County first designated Covington as an Urban Activity Center in its 1985 Comprehensive Plan due to its location near freeway access and sewer availability.
- Covington incorporated in 1997. Incorporation of Covington was approved by voters in November of 1996 and became effective August 31, 1997.
Downtown planning begins
Covington inherited a Downtown shaped primarily by regional growth and market forces along State Routes 18 and 516. The result was a pattern of low density, auto-oriented, strip commercial development with few public amenities.
- 1998 - Vision Plan for Covington - Citizen input directed the City to improve the aesthetic and functional character of the Downtown.
- 2001 - Covington’s First Comprehensive Plan - The Vision Statement, adopted by City Council, says:
The City of Covington is a place where community businesses and civic leaders are partners in building a city that is family-oriented, safe and pedestrian-friendly. A community that proudly invests in enhancing our small-town character and natural environment and provides diverse recreational opportunities as well as remaining financially responsible. We believe that the following elements are necessary to achieve this Vision: Covington will have a Downtown that is well-designed and pedestrian-friendly with a permanent combination of commercial and residential areas.
- 2001 - Covington Business District (CBD) Plan - The CBD Plan analyzed the state of Downtown and provided a strategy for building a more livable, pedestrian-friendly Downtown. A Downtown Element was included in Covington’s first adopted Comprehensive Plan. The main challenge at that time, which continues today, is accommodating the demand for regional “big-box” retail while creating a walkable Downtown core.
- 2005 – Zoning map & code update - The City refocused its efforts on future growth by guiding the bulk of development into the Downtown, creating new zoning designations to focus the most intense development into this core area. It also established development and street standards that would provide a more traditional grid system. This resulted in amendments to the Downtown Plan and the zoning regulations.
- 2010 – Adoption of the Downtown Element of the Comprehensive Plan, zoning map and code, and new design standards – Begun in 2008, these efforts included the City Council’s endorsement of the updated Downtown Plan and concluded with the adoption of development and design standards that remain in place today. This effort refined the vision to develop a focused Town Center area that will eventually contain a new City Hall, a new public plaza and public gathering space, new mixed-use buildings (combining commercial and residential), and centrally-located parking facilities. One or two new pedestrian-oriented streets are intended to become the "Main Street" and heart of Downtown.
- 2016 – Updated Comprehensive Plan that integrated the Downtown Element’s goals and policies into the Land Use Element - The effort reaffirmed the vision towards a sustainable and vibrant future with mixed-use commercial and residential mid-rise development patterns, gathering spaces, and connected multi-modal streets in the town center.
Downtown Zoning and Land Uses
Land in Downtown is currently comprised of four zones as follows:
Town Center(TC): An area envisioned as the heart and core of downtown, characterized by an intensive mix of uses, a vibrant and active streetscape, the most pedestrian-scaled land use and circulation system downtown, and includes an important public gathering space.
Mixed Commercial(MC): These “gateways” to downtown Covington along 272nd on the west and east encompass the largest area within the Downtown. This zone accommodates a diverse mix of uses, emphasizing retail and employment, with increased walkability and access for all modes of travel. Large format retail, auto-oriented uses and public uses may be part of the mix, provided they’re compatible with the area’s pedestrian-oriented scale and character.
Mixed Housing & Office(MHO): This zone is primarily existing single-family residences with zoning that will allow infill housing and office development designed to be compatible with surrounding residential uses. Cottage housing types or single family detached housing may also be part of this zoning district.
General Commercial(GC): This area is envisioned to include the broadest range of uses of any in the downtown, including commercial, light manufacturing, office, transportation and utility uses, as well as residential uses buffered from more intensive uses to provide transition space and coordination of different kinds of development.
Recent developments include:
- Wendy’s - A 3,227sf restaurant with drive-through facilities.
- Polaris at Covington – Two 6-story apartment buildings with a total of 200 affordable units.
- Affinity at Covington – A 156-unit multifamily 5-story apartment building with 156 age-restricted units.
- Novo Apartments - A 170- unit multifamily garden style apartment complex (up to 3-stories).
- Ulta/Marshalls/Party City - Two multi-tenant commercial buildings with a total of 69,991sf.
- Chick-fil-A - A 4,304 sq. ft. restaurant with drive-through facilities.
- Stack Storage - A 112,623 sq. ft. self-storage facility with five buildings.
- Cubes - A 90,100 sq. ft. 3-story self-storage facility.
- 168th PL Retail Building - A 3,920 sq. ft. commercial building (ADD LINK TO PLANS?)
- Covington Assisted Living & Memory Care - A 4-story assisted living building with 79,325sf and 89 units and four 1-story memory care facility buildings (17,141sf total)
- Station By Vintage - A 5-story, 254,802sf mixed-use building with 189 residential units and ground floor commercial space.
- Goraya Mixed-Use – A 4-story building with 44 residential units and 4,000 square feet ground floor commercial space.
- Office and Storage Facility – A 7-acre storage facility with 29,200 square feet of office space and 127 RV/boat storage spaces.
For more details, see the Interactive Development Map.
Form-based codes (FBC) address the relationship between buildings and the public realm. The public realm is those areas that belong to everyone and are accessible to all –they are the ‘spaces between buildings’ and the streets, parks, trails, green spaces, and other outdoor gathering places that are freely available for everyone to access and use. FBC regulate areas that are not typically part of zoning, such as the design of streets, sidewalks, landscape, and other public spaces. FBCs recognize that all of these pieces are all interrelated. FBCs pull the regulations together in one place where their relationships are presented in both diagrams and words to clearly illustrate the design and development objectives for a given area.
While initially started in Florida in the early 1980’s, numerous Washington communities have crafted their own “hybrid” versions of FBC that still regulate permitted uses, but place a greater emphasis on the massing, design and orientation of buildings to the existing or planned streets within a specific district, area, or entire city.
FBC’s are drafted as regulations to implement a community’s plan for a designated area such as Downtown Covington. They try to achieve a community vision based on time-tested forms of urbanism. Covington’s goal for a Form Based Code for Downtown Covington are:
- Create vibrant neighborhoods where people can, live, work, shop, and play rather than housing developments, strip malls, and office parks
- Promote a wider mix of housing options in a walkable, human-scaled area that residents and businesses want to locate.
- Ensure that development fits the surrounding land uses and the public realm
- Facilitate a healthy community that is interconnected and encourage active transportation (walking, biking, etc.)
- Maximize the use of existing infrastructure
Examples from cities and towns across the country are available from the Form-Based Code Institute: https://formbasedcodes.org/codes/
What is SEPA?
The Washington State Environmental Policy Act (SEPA) requires cities and counties to consider environmental impacts associated with governmental decisions, including issuing permits for private projects, constructing public facilities, or adopting regulations, policies, and plans.
What is an EIS?
An environmental impact statement (EIS) is an informational document that provides the City, public, and other agencies with environmental information to be considered in the decision-making process. It also allows the public and government agencies to comment on proposals and alternatives. Alternatives for the Downtown Plan could include code amendments for different land use patterns, housing types, street connections and streetscapes, and design requirements.
What is an infill exemption?
While SEPA has good intentions, environmental review can sometimes cause delays or uncertainty for environmental projects, and costs can be passed on ultimately to homebuyers, renters, and businesses. To help facilitate housing development in urban areas not meeting the density goals of a Comprehensive Plan such as Covington’s Downtown, SEPA allows a city to prepare an EIS and adopt an ordinance establishing categorical exemptions for the Downtown. This means residential or mixed-use development that is consistent with City regulations will not undergo new environmental review; instead it will focus on providing housing that fits with the form-based code, and meets other City code standards such as transportation concurrency, critical areas requirements, etc. Minor amounts of stand-alone commercial development are also allowed.
The EIS provides upfront environmental review for multiple properties, and the resulting Infill Exemption ordinance will save time and expense for all parties.
How can I give input?
Early comment opportunities including scoping. Scoping is an opportunity to provide your comments on the scope of the EIS including alternatives, mitigation measures, probable significant adverse impacts, and licenses or other approvals that may be required. Watch this space for our scoping notice providing a 21-day comment period.
Once a Draft EIS is prepared there will be a 30-day comment period on the document, and your comments can help improve the analysis and help the City select a preferred alternative. A Final EIS will be prepared and respond to comments on the Draft EIS and describe the preferred alternative if one is selected.
SEPA EIS Documents:
Q: How can I be involved?
A: There are several ways that individuals can be involved with the planning process:
- You may provide comments to the City during the open public comment period
- You can participate in virtual open houses
- You can sign up for email reminders of upcoming meetings & new information
- You can provide feedback to the City via surveys (to be posted throughout the project)
- You can participate and provide comments at Planning Commission and City Council Meetings (for the foresable future these are likely to be held online as virtural meetings)
Q: Will traffic be studied in this project?
A: The consultant team includes engineering and planning firm David Evans and Associates, Inc., who are reviewing Covington’s adopted infrastructure plans for potential updates. This includes transportation. Specific current traffic issues will not be reviewed in detail, but opportunities for long-term improvement will be explored. This may include concepts such as new streets, shared parking facilities, pedestrian and bike connections along or across arterial roads, and recreational trails that all support the growth of Downtown. This project’s Environmental Impact Study, led by consultant team member BERK, will also include a summary of transportation issues related to future development. However, it is the current intent of the project to conform to the land use assumptions in the City’s Comprehensive plan and not update the City’s long-range traffic analysis.
Q: How does this project affect existing businesses?
A: This is a long-term planning project with no short-term effect on businesses. Potential changes to the zoning code and the SEPA infill exemption ordinance could affect new land uses and developments. New zoning provisions are intended to increase the quantity and quality of Downtown development, including space for additional residential development that could increase the customer base to benefit local businesses. Any change to the existing zoning code will go through a thorough public process, allowing for public comment and involvement throughout the process.
Q: Where else have form-based codes been done in Washington?
A: Washington communities with form-based codes usually adopt a “hybrid style”. This is when traditional land use regulations are supplemented by robust design standards for sites, buildings, and streets, as opposed to replacing the entire code. Examples include:
- Lacey, WA – Woodland District Standards
- Bothell, WA – Downtown Subarea Plan & Regulations
- Mountlake Terrace, WA – Town Center Design Standards
- Anacortes, WA – Citywide Project Design Standards
- Clark County, WA – Highway 99 Subarea Standards
- Spokane, WA – Hamilton Corridor Form-Based Code
Q: How does this project affect housing?
A: Covington projects a need for approximately 3,900 new homes in the 2015-2035 time frame. Covington is targeting the majority of future residential growth for Downtown and specifically in the Town Center zone. Adding addition residential to Downtown will help strengthen its economy and businesses, will also help to maintain the quality of single family neighborhoods and to help protect environmentally sensitive areas.
Downtown growth is intended to take the shape of multifamily (apartments or condominiums), mixed-use (apartments above shops), townhouses, and single-family cottage clusters. This project will identify appropriate locations for these housing types, update design expectations for residential development, and improve the overall “livability” of Downtown for current and future residents, workers, shoppers, and visitors.
Q: Where else have infill exemptions been done in Washington?
A: Infill exemptions have been completed in several communities. See Kent and Yakima examples below including the EIS and the code amendments.
- City of Kent Downtown Strategic Action Plan Infill Exemption
- City of Yakima Comprehensive Plan 2040