Loading...
ORD 10-678ORDINANCE NO. 10-678 AN ORDINANCE of the City of Federal Way, Washington, relating to Community Business (BC) Zone and Development Regulations; amending FWRC 19.220.050, FWRC 19.220.080, FWRC 19115.090, and FWRC 19.125.040. (Amending Ordinance Nos. 09-610, 09-604, 09-593, 07-559, 07-554, 06-515, OS-506, 03-443, 02-424, O1-382, 99-333, 97-291, 96- 271, 96-270, 93-170, 90-43) 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 adopt a new code amendment for the Community Business (BC) zone and associated development regulations, which establishes development regulations for mixed-use multi-family residential buildings and senior/special needs housing developments within the City of Federal Way; and WHEREAS, FWRC 19.220.050 requires the administrative approval of criteria to attain a height of 65' above average building elevation, requires a 20' setback from residential zones, requires the submittal of a parking study, restricts residential and parking uses from being located on the ground floor, and restricts the density to 22 dwelling units per acre of land; requires 300 square feet of useable open space per dwelling unit, requires that the building height not exceed 30' when located between 20' and 40' from a single-family residential zone, restricts Ordinance No. 10-678 Page 1 of IO the height to 40' when located between 40' and 100', and that the height over 35' shall be set back from all other zones by one ft. for each one ft. of height over 35'; and WHEREAS, FWRC 19.220.080 requires a 20-foot front yard setback, a 20-foot side & rear yard setback along single-family zones, requires the administrative approval of criteria to attain a height of 55-feet, requires the submittal of a parking study, requires that the building height above 35-feet be set back from non-single family zones by one foot for each foot over 35- feet, restricts the building height to 30-feet when located within 40-feet of single family residential zones, restricts the building height to 40-feet when located 40-100 feet from a single family zone, and restricts the density to 1 dwelling unit per 2,400 square feet; and WHEREAS, FWRC 19.115.090(n) requires new developments to appear to have a roof pitch ranging from at least 4:12 to a maximum of 12:12; and WHEREAS, FWRC 19.125.040 requires a 5'-wide Type III perimeter landscaping regardless of building setback requirements; and WHEREAS, the City is proposing to allow maximum heights for both Multi-unit housing and Senior Citizen — Special Needs housing outright, specify minimum parking requirements for both Multi-unit housing and Senior Citizen — Special Needs housing, allow parking and residential uses on the ground floor for Multi-unit housing, reduce the side and rear yard for multi-unit housing and senior/special needs housing when abutting a residential zone from 20- feet to 5-feet, reduce the required open space requirement to 150 square feet per dwelling unit for multi-unit housing, reduce the front yard setback for Senior Citizen-Special Needs housing to 0', and increase the maximum allowed height of Senior Citizen-Special Needs housing to 65' outright, and modify the stepped height increases for both Multi-Unit and Senior-Citizen-Special Needs housing; and Ordinance No. 10-678 Page 2 of 10 WHEREAS, the City is proposing to add to the General Landscaping Requirements of FWRC 19.125.040 to allow for relief of landscaping requirements for developments that are afforded a zero-yard setback in the BC zone, and also amend FWRC 19.115.090(n) to limit the pitched-roof requirement to just the Professional Office (PO) and Neighborhood Business (BN) zone; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on August 14, 2010, and no comments or appeals were received and the DNS was finalized on September 13, 2010; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on October 20, 2010; and forwarded to City Council a recommendation of approval with two modifications as follows: (1) Reduce the side and rear yard setbacks for Multi-Unit housing abutting residential zones from 20' to 5' from all residential zones for Multi-unit housing under FWRC 19.220.050; (2) and increase the height of Senior Citizen- Special Needs housing under FWRC 19220.080 from 55' to 65'; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on November 1, 2010, 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. Findin�s. 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 encouraging development on vacant or redevelopable land, Ordinance No. 10-678 Page 3 of 10 remove obstacles to development, set clear zoning requirements, and create development consistency throughout the BC zoning. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) 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. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) 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: LUGl Improve the appearance and function of the built environment. LUG6 Transform Community Business areas into vital, attractive, areas with a mix of uses that appeal to pedestrians, motorists, and residents, and enhance the community's image. LUPl Use residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses. LUP2 Use design and performance standards to achieve a greater range of housing options in multiple-family designations. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. Ordinance No. 10-678 Page 4 of 10 LUP10 Support a diverse community comprised of neighborhoods that provide a range of housing options; a vibrant City Center; well designed and functioning commercial areas; and distinctive neighborhood retail areas. LUP41 Encourage a range of pedestrian-oriented retail, while continuing to accommodate auto-oriented retail, and provide supportive uses to meet the needs of residents and employees in the area. EDP10 The City will work with the private sectar to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the community. EDP18 The City will periodically monitor local and regional trends to be able to adjust plans, policies, and programs. EDP19 The City will actively work with representative groups of business and property owners, including the Federal Way Chamber and other local business associations, to enhance citywide and subarea improvements and planning. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it allows for more flexible integration of recreational areas in proximity to multi-family uses. Additionally, the text amendments may also reduce the amount of vehicles on public right-of-ways at any given time due to the proximity of commercial services to the residence. The text amendments as presented will serve the public health, safety, and welfare. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way. The amendments encourage development and redevelopment in the Community Business Zone by not encumbering developments to reach the maximum height, thus increasing density and also diversify the types of housing available within the city. Additionally, the proposed text amendments would lead to more architecturally diverse developments throughout the city. The potential to attract new businesses and developments (which in turn generates tax revenue), is in the best interest of the residents of the city. Section 3. FWRC 19.220.050 Use Zone Chart "Multi-unit Housing" is hereby amended to read as follows: Ordinance No. 10-678 Page 5 of 10 19.220.050 Multi-unit housing. The followin uses shall be ermitted in communit business (BC) zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART v� DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS p Minimums Q Re uired Yards ZONE � � �' BC � `� � �. W �. :� �. � �a � � o� �� usE � �- > �' � � � "' _ �- x SPECIAL REGULATIONS AND NOTES ll �� . w � � xv� �a Multi-unit Process II None Same as these �-5 65 ft. T`°'°��,.�,���°a 1. o housing or with regulations for above e�-a-sase� (stacked SEPA, ground floor use average ^°°°�°°�° ' ' dwelling Process exceot 5 ft building 1.2 — 1.8 *"° "°�'�-�::a'�- a11 All non-residential grouud floor spaces must have a minimum floor-to-ceiling height of 13 ft. and a units) III in elevation soaces per minimum depth of l5 ft.; residential zones (�ABE) dwellin , , te-€r3 €f unit. a,n�;�� See notes 2 and 9�� 2. Building height may not exceed 30 ft. above ABE for the portion of the buildin� �Hex located l�etweer2 within 20 R. °°a •..,,a-:.,�,,,,.�"��° 10 See note5. 49-�F. from a �:°•-�.,s °.�„a,°•:'7 residential zone., a ��a �� � � � oc ., �.o.. �,.,....oa ....... ...... �� w,,..., , � w c,........,.�, See notes ^ ' ' � ' � 2 3. Roof lines are desiened ro avoid a predominantiv flat and featureless appearance through variations in roof heighk fornis, anQles. and materials. 3: 4. . Multi-unit housine and accessorv residential uses mav be located on the eround floor of a structure onlv as follows• (al eround level space that snans at least 60 percent of die length of the princival commercial facade as deterniined bv the director is occupied witli one or more otUer use�s) allowed in this zone and (bl kround level space tliat spans at least 40 uerceut of the length of all other street-facin� facades is occupied with one or more other use(sl allowed in this zone. • Parking in conjunction witlt otlier uses allowed in this zone may also be located on the eround floor of tlie structure if non-visible from the right-of-wav or public areas. e�rHe ....�.:e... __,...,.» . io..... e e. e..e_, o� a..,en:.,,. . 5 1 2 parkinp stalls uer dwelling unit for miits of up ro 2 bedrooms 1 8 narkin� stalls for dwellinK uuits of 3 bedrooms or more Dwellin¢ unit uarkin¢ stalls are in addition to required parkin� for all non-residential ground floor uses. Alternativelv, applicant mav choose to submit a parking studv in accordance with FWRC 19.130.080(2). � 5. Chapter 19.265 FWRC con[ains regula[ions regarding home occupa[ions and other accessories, facilities and activities associated with this use. � 7. The subject property must contain at least 389 150 sq. R. per dwellino unit of common recreational open space usable for many activities, and may include private spaces such as yards, pados, aud Ualcouies, as well as common areas such as playgrounds, recreation rooms, rooRop terraces, pools, active lobbies, a+� atriums, or other areas the director deenu approuria[e. � 8. No maximum lot coverage is established. Instead, the buildable area will be detem»ned by other site development requirements; i.e., required buffers, parking lot landscaping, surface water facilities, etc. 8 9. For community design guidelines that apply to the project, see Chapter 19.1 I S FWRC. 9: ]0. For landscapiug requirements that apply ro tlie project, see Chapter 19.125 FWRC. !9: 11. For sign requiremen[s that apply to the project, see Chapter 19.140 FWRC. -1-� 12. Refer to CUapter 19.265 FWRC to determine what other provisions of this diapter may apply to the subject property. �2- 13. For rovisions tliat relate ro Uie kee in of animals, see Cha ter 19.250 FWRC. Pmcess I, II, III and IV a��e described in For other information about parking and parking areaz, see chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.1 I0.050 et seq. Chapter 19.70 FWRC respectively. For details regazding required yards, see FWRC 19.125.160 et seq. Ordinance No. 10-678 Page 1 of 10 Section 4. FWRC 19220.080 Use Zone Chart "Senior Citizen — Special Needs housing" is hereby amended to read as follows: Ordinance No. 10-678 Page 1 of 10 19-220-080 Senior citizen - Special needs housing T: �e following uses shall be permitted in community business (BC) zone subject to the regulations and notes set forth in this section: USE ZONE CHART z DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS O Minimums Q Re uired Yards ZONE a � � � � � BC t� g � W +- ,� a � '° a ' � � ° °-' � �on � � 3 N °? � t a USE �� o � .� � °� g ro SPECIAL REGULATIONS AND NOTES ll o: c4 .a w v� cC x v� w a. Senior Process II None �9 0 5 ft. 5 ft. 3-5 65 ft. T`�,-�,,,,�.,�°'' ' rr,, oa w. .wo a: e,..,, ,.a,. ;.., ao oi„ .,r � r „ .w� H� ..w...�.. ...., o,� zc +� �t,� � citizen or or with ft. above sR-a-case-l�y , . • special SEPA, �e�E-�9 average °°���°°�° (a needs Process F • "� building 0.5 parking ��'°� ��°° ���a��^'° � ''�°'��•�'�'��� °� °" housing III. Si�g;e- elevation snaces per . (stacked �j}y (AABE} dwelling �'�` ° , :�a:^^ �'°:^�'` ^^^'^�;°° .°:'�' ^^'° �• dwelling �i�er�{ie} te-35€� unit. . . . units) �gAeS n�nr �c o. "^a See notes 3-anc�S See note 3 (� 1. Roof lines are designed to avoid a predominantly Ylat and featureless appearance through variations in roof �°°���*°° height, forms, angles, and materials. 2 and 8 �� 2. Building height may not exceed 30 ft. above ABE ivker� for the portion of the building located'�°`�-�:.�n�°°� within 20 ft.z�of a �:°°�,,� ��: zone, . . 3. , . �•�•°'� Alrernativelv applicant mav choose to submit a parking study in accordance with FWRC 19.130.080(21. 4. Chapter 19.265 FWRC contains regulations regarding home occupations and other accessories, facilities, and activities associated with this use. 5. Any open space requirements will be determined on a case-by-case basis. 6. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development 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. Far 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 chapter may apply to the subject property. 11. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. Process I, II, III and N are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. CUapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respec[ively. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 10-678 Page 1 of 10 Section 5. FWRC 19.115.090 "District Guidelines" is hereby amended to read as follows: "In addition to the foregoing development guidelines, the following supplemental guidelines apply to individual zoning districts: (1) Professional office (PO), neighborhood business (BN), and community business (BC). (a) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to FWRC 19.115.050(4). (b) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and shall incorporate windows and other methods of articulation. (c) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. (d) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and access to other existing plaza or streetscape features. (e) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way or pedestrian area. (f) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not screened by Type I landscaping as defined by Chapter 19.125 FWRC, shall utilize vinyl-coated mesh, powder-coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. For residential uses only: (g) Landscaped yards shall be provided between building(s) and public street(s). Parking lots should be beside or behind buildings that front upon streets. (h) Parking lots should be broken up into rows containing no more than 10 adjacent stalls, separated by planting areas. (i) Pedestrian walkways (minimum six feet wide) shall be provided between the interior of the project and the public sidewalk. (j) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields. Ordinance No. 10-678 Page 1 of 10 � � Figure 16 — FWRC 19.115.090(1) (k) Principal entries to buildings shall be highlighted with plaza or garden areas containing planting, lighting, seating, trellises and other features. Such areas shall be located and designed so windows overlook them. Figure 17 — FWRC 19.115.090(1) (I) Common recreational spaces shall be located and arranged so that windows overlook them. Ordinance No. 10-678 Page 2 of 10 � r �� h v,,. � t �, Figure 18 — FWRC 19.115.090(1) (m) Units on the ground floor (when permitted} shali have private outdoor spaces adjacent to them so those exterior portions of the site are controlled by individual households. Figure 19 — FWRC 19.115.090(1) (n) All new buildings, including accessory buildings such as carports and garages in PO & BN zones onlv, shall appear to have a roof pitch ranging from at least 4:12 to a maximum of 12:12. Figure 20 — FWRC 19.115.090(1) (o) Carports and garages in front yards should be discouraged. Ordinance No. 10-678 Page 3 of 10 (p) Building facades that exceed 120 feet in length and are visibie from an adjacent residential zone, right-of-way, public park, or recreation area shall incorporate a significant structural modulation (offset). The minimum depth of the modulation shall be approximately equal to 10 percent of the total length of the subject facade and the minimum width shall be approximately twice the minimum depth. The modulation shall be integral to the building structure from base to roofline. (q) Buildings should be designed to have a distinct "base," "middle" and "top." The base (typically the first floor) should contain the greatest number of architectural elements such as windows, materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison, may be simple. (Note: single-story buildings have no middle.) The top should avoid the appearance of a flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc. Figure 21 — FWRC 19.115.090(1) (r) Residential design features, including but not limited to entry porches, projecting window bays, balconies or decks, individual windows (rather than strip windows), offsets and cascading or stepped roof forms, shall be incorporated into all buildings. Window openings shall have visible trim material or painted detailing that resembles trim. (s) Subsection (1)(n) of this section shall apply to self-service storage facilities. (2) Office park (OP), corporate park (CP), and commercial enterprise (CE). (a) SurFace parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to FWRC 19.115.050(4). (b) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way. (c) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. (d) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and accessibility from the building to other existing plaza or streetscape features. Ordinance No. 10-678 Page 4 of 10 (e) Ground-levei mirrored or reflective glass is not allowed adjacent to a public right-of-way or pedestrian area. (f) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not screened by Type I landscaping as defined in Chapter 19.125 FWRC, shall utilize vinyl-coated mesh, powder-coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. For non-single-family residential uses only: (g) Subsections (1)(g) through (r) of this section shall apply. (3) City center core (CGC) and city center frame (CGF). (a) The city center core and frame contain transitional forms of development with surface parking areas. However, as new development or redevelopment occurs, the visual dominance of surface parking areas shall be eliminated or reduced. Therefore, parking shall be located behind building(s), with building(s) located between rights-of-way and the parking area(s), or in structured parking, and any parking located along a right-of-way is subject to the following criteria: (i) In the city center core, surface parking and driving areas may not occupy more than 25 percent of the project's linear frontage along principal pedestrian right(s)- of-way, as determined by the director. (ii) In the city center frame, surface parking and driving areas may not occupy more than 40 percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the director. (iii) A greater amount of parking and driving area than is specified in subsections (3)(a)(i) and (ii) of this section may be located along other rights-of-way; provided, that the parking is not the predominant use along such right-of-way, as determined by the director. (b) Principal entrance facades shall front on, face, or be clearly recognizable from the right-of-way, and/or from the principal pedestrian right-of-way, as determined by the director, for projects exposed to more than one right-of-way. (c) Building facades shall incorporate a combination of facade treatment options as listed in FWRC 19.115.060(2) and (3)(b), to a degree that is appropriate to the building size, scale, design, and site context, and according to the following guidelines: (i) Principal facades containing a major entrance, or located along a right- of-way, or clearly visible from a right-of-way or public sidewalk, shall incorporate a variety of pedestrian-oriented architectural treatments, including distinctive and prominent entrance features; transparent glass such as windows, doors, or window displays in and adjacent to major entrances; structural modulation where appropriate to break down building bulk and scale; modulated rooflines, forms, and heights; architectural articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and streetscape amenities. At least 40 percent of any ground level principal facade located along a right-of-way must contain transparent glass. Landscaping shall be used to define and highlight building entrances, plazas, windows, walkways, and open space, and may include container gardens, wall and window planters, hanging baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping should not block views to the building or across the site. Foundation landscaping may be used to enhance but not replace architectural treatments. (ii) Secondary facades not containing a major building entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, may Ordinance No. 10-678 , Page S of 10 incorporate facade treatments that are less pedestrian-oriented than in subsection (3)(c)(i) of this section, such as a combination of structural modulation, architectural articulation, and foundation landscaping. (iii) Principal facades of single-story buildings with more than 16,000 square feet of gross ground floor area shall emphasize facade treatments that reduce the overall appearance of bulk and achieve a human scale. This may be accomplished through such design techniques as a series of distinctive entrance modules or "storefronts" framed by projecting, offset rooflines, and/or a major pedestrian plaza adjacent to the entrance. (d) Pedestrian pathways shall be provided from rights-of-way, bus stops, parking areas, and any pedestrian plazas and public space to primary building entrances. Where a use fronts more than one right-of-way, pedestrian access shall be provided from both rights-of-way, or from the right-of-way nearest to the principal building entrance. Multiple-tenant complexes shall provide pedestrian walkways connecting all major business entrances on the site. Pedestrian pathways shall be clearly delineated by separate paved routes using a variation in color and texture, and shall be integrated with the landscape plan. Principal cross-site pedestrian pathways shall have a minimum clear width of six feet in the city center frame, and a minimum clear width of eight feet in the city center core, and shall be protected from abutting parking and vehicular circulation areas with landscaping. (e) Drive-through facilities and stacking lanes shall not be located along, or in conjunction with, a building facade that faces or is clearly visible from a right-of-way, public sidewalk, or pedestrian plaza. Such facilities shall be located along other, secondary facades, as determined by the director, and shall meet the separation, screening, and design standards listed in FWRC 19.115.050(7)(b)(ii), (iii), and (iv). (f) Above-grade parking structures with a ground level facade visible from a right-of-way shall incorporate any combination of the following elements at the ground level: (i) Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal frontage along the right-of-way; or (ii) A 15-foot-wide strip of Type I11 landscaping along the base of the facade; or (iii) A decorative grille or screen that conceals interior parking areas from the right-of-way. (g) Facades of parking structures shall be articulated above the ground level pursuant to FWRC 19.115.060(3)(a). (h) When curtain wall glass and steel systems are used to enclose a building, the glazing panels shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian area. (i) Chain-link fences shall not be allowed. Barbed or razor wire shall not be used. (j) For residential uses, subsections (1)(g) through Q), (I), (m), (o), (q), and (r) of this section shall apply. (4) For all residential zones. (a) Nonresidential uses. Subsections (1)(g) through (k) and (n) through (r) of this section shall apply. Ordinance No. 10-678 Page 6 of 10 (b) Non-single-family residential uses except for zero lot line fownhouse residential uses and attached dwelling units. Subsections (1)(g) through (r) of this section shall apply. (c) Zero lot line townhouse residential uses and attached dwelling units. Subsections (1)Q), (I) through (o), and (r) of this section shall apply. Section 6. FWRC 19.125.040 is hereby amended to read as follows: "(1) All portions of a lot not used for buildings, future buildings, parking, storage or accessory uses, and proposed landscaped areas shall be retained in a"native" or predeveloped state. The department of community development may allow or require supplemental plantings in these areas, pursuant to the provisions of this title. (2) All outside storage areas shall be fully screened by Type I landscaping a minimum of five feet in width, as described in FWRC 19.125.050(1), unless determined by the community development review committee (CDRC) that such screening is not necessary because stored materials are not visually obtrusive. (3) Slopes in areas that have been landscaped with lawn shall generally be a 3:1 ratio or less, length to height, to assist in maintenance and to allow irrigation systems to function efficiently. In other areas of plantings, a slope of up to a 2:1 ratio, length to height, may be used if acceptable to the public works director, upon review of a geotechnical/soils study submitted by an applicant to ensure soil slope integrity. Figure 1 — FWRC 19.125.040(4) (4) All trash enclosures shall be screened from abutting properties and/or public rights-of-way by a 100 percent sight-obscuring fence or wall and appropriate landscape screen. (5) Type III landscaping, defined in FWRC 19.125.050(3), shall be placed outside of sight-obscuring fences abutting public rights-of-way and/or easements unless determined by the director of community development that such arrangement would be detrimental to the stated purpose of this article. (6) With the exception of lawn areas, at least 25 percent of new landscaping materials (i.e., plants, trees, and groundcovers) shall consist of drought-tolerant species. All developments are encouraged to include native Pacific Northwest and drought-tolerant plant materials for all projects. Ordinance No. 10-678 Page 7 of 10 (7) Deciduous trees shall have a caliper of at least 1.5 inches at the time of planting measured 4.5 feet above the root ball or root structure. (8) Evergreen trees shall be a minimum six feet in height (measured from tree top to the ground) at the time of planting. (9) Shrubs shall be a minimum 12 to 24 inches in height (measured from top of shrub to the ground) at the time of planting based on the following: (a) Small shrubs — 12 inches. (b) Medium shrubs — 18 inches. (c) Large shrubs — 24 inches. (10) Groundcovers shall be planted and spaced, using a triangular planting arrangement, to result in total coverage of a landscaped area within three years. (11) Areas planted with grass/lawn shall: (a) Constitute no more than 75 percent of landscaped areas, provided, there shall be an exception for biofiltration swates; and (b) Be a minimum of five feet wide at the smallest dimension. (12) Grass and required landscaping areas shall contain at least four inches of topsoil at finish grade. (13) Existing clay or sandy soils shall be augmented with an organic supplement. (14) Landscape areas shall be covered with at least two inches of mulch to minimize evaporation where plant materials will cover and three inches of mulch over bare soil. (15) In order to reduce irrigation requirements, design principles using xeriscape techniques are encouraged. In meeting water conservation goals, and to deliver appropriate amounts of water necessary to maintain planted vegetation, species that are not drought tolerant should be grouped together and have irrigation systems, and be separated from any other irrigation system provided for drought-tolerant species. (16) Mulch shall be used in conjunction with landscaping in all planting areas to meet xeriscaping goals, assist vegetative growth and maintenance or to visually compliment plant material. Mulches include organic materials such as wood chips and shredded bark: Nonvegetative material shall not be an allowable substitute for plant material. (17) All development shall comply with city of Federal Way street tree requirements. (See the City of Federal Way Right-of-Way Vegetation Standards and Specifications Manual.) (18) Landscaping proposed to be located within or adjacent to utility easements shall be reviewed by the respective utility agency(ies). (19) Landscaping and fencing shall not violate the sight distance safety requirements at street intersections and points of ingress/egress for the development. (20) All tree types shall be spaced appropriate for the compatibility of the planting area and the canopy and root characteristics of the tree. (21) All permanent lawn or sod areas shall have permanent irrigation systems. (22) Screening of blank building walls. Building walls which are uninterrupted by window, door, or other architectural feature(s) listed in Chapter 19.115 FWRC, Community Design Guidelines, FWRC 19.115.060(3)(b), that are 240 square feet or greater in area, and not located on a property line, shall be screened by landscaping. Such planting shall include trees, shrubs and groundcover appropriate for the area proposed. (23) Foundation landscaping is encouraged for all developments to reduce the scale, bulk and height of structures. Ordinance No. 10-678 Page 8 of 10 (24) All loading areas shall be fully screened from public right-of-way or nonindustrial/manufacturing uses with Type I landscaping. �_ � � � Figure 2 — FWRC 19.125.040(23) (25) Use of products made from post consumer waste is encouraged whenever possible. (26) Soil in parking lot landscaped areas must be noncompacted to a depth of 18 inches prior to planting of any shrubs, trees, or groundcovers. (27) Landscaping shall not be required along interior lot lines within a development where parking is being shared. (28) Landscaping is not required along perimeter lot lines abuttinq right-of-ways where no reauired vards apply pursuant to Division VI'Zoning Requlations' Section 7. Severabilitv. 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 8. 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 referencesthereto. Ordinance No. 10-678 Page 9 of 10 � sz�E� Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10. 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 7 day of December, 2010. CITY OF FEDERAL WAY � M YOR, MAHLON S. PRIEST ATTEST: CITY CLERK, C OL MC ILLY, CMC APPROVED AS TO FORM: .�r,��2- CI ATTORNEY, PATRICIA A. RIGHARDSON FILED WITH THE CITY CLERK: COLJNCIL BILL NUMBER: PASSED BY THE CITY COUNCIL PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 11 /9/2010 558 12/7/2010 12/11/2010 12/16/2010 10-678 Ordinance No. 10-678 Page 10 of 10