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HomeMy WebLinkAboutLUTC PKT 02-23-2009 City of Federal Way City Council Land U se/Transportation Committee February 23, 2009 5:30 p.m. City Hall Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES: February 2, 2009 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. Grant Funding for Transportation Improvement Projects Action Zukowski/5 min. B Ordinance Adopting Clearing, Grading, and Tree and Vegetation Action Shull/30 min. Retention Code Amendments C. Ordinance Adopting Code Amendments for Administration of Class Action Shull/30 min. IV-General ForestPractices Applications D. 2009 Asphalt Overlay Project- Bid Award Action SalloumllO min. E. SCA TBD Agreement Action Salloum/5 min. F. Follow-up to Public Comment Regarding Development Project at Information Fewins/5 min. I st Ave S and S 293rd Place 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN Committee Members Linda Kochmar, Chair Jim Ferrell Dini Duclos City Staff Cary M Roe, P.E., Assistant City Manager/Emergency Manager Darlene LeMaster, Administrative AssistantII 253-835-2701 G:'LUTCILUTC Agendas and Summaries 2009\02-23-09 LUTC Agenda.doc City of Federal Way City Council Land Use/Transportation Committee February 2, 2009 5:30 PM City Hall City Council Chambers MEETING MINUTES In attendance: Committee Chair Linda Kochmar, Committee Member Dini Duclos, Committee Member Jim Ferrell, Council Member Jeanne Burbidge, Director of Community Development Services Greg Fewins, Assistant City Attorney Peter Beckwith, Public Works Director Marwan Salloum, Assistant City Manager Bryant Enge, Contract Senior Planner Jim Harris, Contract Senior Planner Lori Michaelson, Senior Planner Margaret Clark, Emergency Management Coordinator Ray Gross, Street Systems Project Engineer John Mulkey, Street Systems Engineer Jeff Huynh, City Traffic Engineer Rick Perez, and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 5:30 PM. All members were present. 2. APPROVAL OF MINUTES The January 5,2009 LUTC meeting minutes were approved. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 3. PUBLIC COMMENT One public comment was received: Tom Heunisch, Federal Way, WA - Mr. Heunisch is concerned over the land development on 1st Ave S and S 293rd Place. As the land has been cleared and graded, tires, wires and mesh have been uncovered and stacked on the property. Progress on the land has stopped. Mr. Heunisch called Code Enforcement twice and nothing has been done, supposedly since there are open permits on this project. It has been two years since the fIrst call to Code Enforcement and two years without any activity on the project. Mr. Heunisch would like to get this trash cleaned up and would like to also know when this may happen. The Committee asked staff for comment on this issue. Director of Community Development Greg Fewins asked the committee for clarifIcation...were they asking for a Code amendment? Mr. Fewins explained that all Code amendment requests must be submitted prior to September 30th deadline each year to be put on the docket to be addressed in the following year. Mr. Fewins will follow up with Mr. Heunisch and work to resolve this issue. Mr. Fewins will report back to LUTC at the February 23rd meeting to report his fIndings and to determine if a Code amendment is necessary or if it can be handled through Code Enforcement. 4. BUSINESS ITEMS Committee Member Duclos moved to bring agenda item F, Cedar Creek NTS to the top of the agenda; followed by the remaining agenda items in the order presented. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 F. Cedar Creek Neighborhood Traffic Safety (NTS) Rick Perez provided background information on the item. Public comment was received: Phyllis Bowman, 32820 2dh Ave S, #25, Federal Way - Ms. Bowmanfeels that a pedestrian crosswalk with overhead lighting is desperately needed where 2dh Ave Sand 2dh Way S meet. Ms. Bowman requests that Council strongly consider this request. Jim Lauger, Cedar Creek BOA Treasurer, Federal Way, W A - Mr. Lauger is requesting an overhead light to be installed on an existing pole on the SE corner of 2dh Ave S at S 328h St. Mr. Lauger has already spoken to PSE and has sent a written request to Soma Chattopadhyay, Traffic Engineer. G:\LUTClLUTC Agendas and Summaries 2009\02-02-09-Minutes.doc Land Useffransportation Committee Page 2 February 2, 2009 Mr. Perez commented that the issue with street illumination can be easily resolved using the existing pole. The City has submitted for additional lighting through the federal stimulus project for street lighting up 20th Way S to S 324th S1.. Mr. Perez does not advocate a marked crosswalk due to its suggested location (curve of highly traveled road). There is not enough sight distance and crossing at this location would be very unsafe. Chair Kochmar asked if staff needed direction from the committee to add the additional street light to the staff recommendation. Mr. Perez said that staff would go ahead and add the additional street light to the existing pole to this NTS project. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 Committee forwarded Option 1, with the addition of an additional light on an existing pole to the February 17,2009 City Council Consent Agenda for approval. Public comment continued: Jack Louter, Resident, Federal Way - Mr. Louter asked when this project might actually happen or be complete. Mr. Perez explained that the City needs to establish a contract with a contractor. Installation is weather dependent. For a contract to be executed and the weather to be cooperative, staff estimated it would probably be sometime in May of this year for installation of speedhumps. For the light to installed on an existing pole by PSE would probably be sooner (April). Phyllis Bowman returned to the podium to explain how the west side of 2dh Ave S does not have a continuous crosswalk. How can a person in a wheelchair or hover-around legally cross this street in this area? Mr. Perez suggested marking a crosswalk in a safer location. Unfortunately, staff does not have a sidewalk installation program as part of NTS. Mr. Perez suggested converting one of the speedhumps into a raised crosswalk. The location would have to be at a long, safe stretch of roadway. The signage and markings in the roundabout can be relooked at and reevaluated for modifIcation. Chair Kochmar asked that Mr. Perez report back to LUTC sometime this spring with an informational item, following up with the committee on this particular project. Mr. Perez suggested amending the previously approved motion. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 Committee forwarded Option 1, with the addition of an additional light on an existing pole and the conversion of one speed hump to a raised crosswalk on 20th Way S (if feasible), to the February 17,2009 City Council Consent Agenda for approval. A. 500 Gallon Above Ground Fuel Tank - Final Proiect Acceptance and Retainage Release Ray Gross provided background information on the item. There was no discussion. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee forwarded Option 1 to the February 17, 2009 City Council Consent Agenda for approval. B. S 356th St at SR 99 Intersection Improvements Proiect - Bid Award John Mulkey provided background information on this item. Chair Kochmar asked what the engineer's estimate for this project had been and how much below was the apparent lowest bidder. Mr. Mulkey answered that the engineer's estimate was $4.3M and Cecanti came in at $2.6M, $1.6M below the engineer's estimate. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 2-0 Chair Kochmar recused herself. Committee forwarded Option 1 to the February 17, 2009 City Council Consent Agenda for approval. C. Churches and Design Guidelines Contract Planner Jim Harris provided background information on this item. Committee Member Duclos asked about Mr. Harris's to explain the two sets of standards and to explain their differences. Mr. Harris explained that the residential, BN and PO zones have one set of standards, based upon being a less intense use zone. The CE and BC have slightly different standards as their land use is more intense, for example: building heights and parking standards. The guidelines have not become any more restrictive. Committee Member Duclos asked if current churches wanting to make changes be impacted by the new standards. Mr. G:\LUTClLUTC Agendas and Summaries 2009\02-02-09-Minutes.doc Land Useffransportation Committee Page 3 February 2, 2009 Harris answered that only application for new churches would be impacted. Council Member Burbidge inquired on fa~ade regulations. Is the intent to provide variation in design and materials used? Mr. Harris responded that the intent is to allow variation with structural modulation in commercial (ie. Symphony) and institutional uses. As far as residential zones, they are exempt from these provisions with the exception of cluster or zero lot line subdivisions. Council Member Burbidge noted some of the larger garage structures that are being installed in residential areas that do not blend with the other structures/homes. Mr. Harris stated that we currently do not have provisions for residential single-family zones. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee forwarded Option 1 to the February 17,2009 City Council Ordinance Agenda for first reading. D. Adult Familv Homes. Social Services Transitional Housing. Day Care and Home Occupation Code Amendments Contract Planner Lori Michaelson provided background information on this item. Committee Member Duclos asked about adult family homes. Are we bringing our city up to state code? Ms. Michaelson affmned that we are. Until now, although the City is not changing any of its current practices, there has been no code regulation for adult family homes. This code amendment allows for adult family homes within a residential structure. Committee Member Duclos asked for the defmition of family. Ms. Michaelson answered that the code defmition of family is up to fIve unrelated people or any number of people related either by blood or by marriage. Unfortunately, the city does not have a clear way to enforce the number of people residing in one residence. The City establishes code that will not violate the Federal Fair Housing Amendment Act. This same defmition applies to transitional housing. There is a process for public notice for transitional housing that has more occupants than would be allowed for under the defmition of "family" . Questions from residents or citizens can be answered by staff with respect to this new code. Moved: Ferrell Seconded: Kochmar Passed: Unanimously, 2-0 Committee Member Duclos recused herself. Committee forwarded Option 1 to the February 17, 2009 City Council Ordinance Agenda for first reading. E. Proposed Resolution to Grant Noise Variance to WSDOT Peter Beckwith provided background information on this item. WSDOT representatives presented a more detailed picture of what is being proposed. Committee Member Duclos expressed some concern over contractors disrupting families and working on the weekends, especially on Sunday. Mr. Beckwith stated that this variance is only for this project and has been issued this one time only. In the future, it will be considered on a case by case basis. Notice to surrounding residences will be made once a fmn schedule is in place and a more accurate time line for the work is in place. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee forwarded Option 1 to the February 17, 2009 City Council Resolution Agenda. Mr. Fewins also shared that there is code amendment currently in progress that addresses night work on the weekends. It is being reviewed again by the Planning Commission that will forwarded to committee in the upcoming months. 5. FUTURE MEETING The next regular LUTC meeting falls on a holiday (February 16) and will therefore be postponed until Monday, February 23, 2009 at 5:30 PM in City Council Chambers. 6. ADJOURN The meeting adjourned at 6:45 PM. G:\LUTClLUTC Agendas and Summaries 2009\02-02-09-Minutes.doc COUNCIL MEETING DATE: March 3, 2009 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Grant Funding for Transportation Improvement Projects POLICY QUESTION: Should City Council authorize staff to submit grant applications for transportation improvement projects? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 23, 2009 CATEGORY: ~ Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other ~!~!~~!Q~!~:Y.:_M~~!\~...~~!:!:Q!!~~g.~.~:.~..~!?!~~~.~~~~P~El?.~~~~_.~~~=._~~~~~_~o..:'~.~___m Attachments: Memorandum to the Land Use Transportation Committee dated February 23, 2009. Options Considered: 1. Authorize staff to submit a grant funding application under the 2009 PSRS - STP/CMAQ Regional and Countywide (Federal) Funding Program for the City Center Access Project, Phase 3 Improvements Project currently on the 6-year Transportation Improvement Plan 2. Do not submit any grant funding application under the 2009 PSRS - STP/CMAQ Regional and Countywide (Federal) Funding Program for these projects. .. .............................__....... .. . .. ....................... ..................._.... ........................................_ ................___............................... ..... .. ................._...... ........__H............ ................._..._........... ..........................................-......................................... STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the March 3,2009 Council Consent A enda for a roval. CITY MANAGER APPROVAL: {/urL Committee DIRECTOR ApPROVAL: ommittee Council Council COMMITTEE RECOMMENDATION: Committee recommends forwarding Option 1 to the March 3,2009 Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move approval to authorize staff to submit a grant fitnding application under the 2009 PSRS - STP/CMAQ Regional and Countywide TEA2l (Federal) Funding Program for the City Center Access Project, Phase 3 Improvements Project. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 K:\council\agenda bills\20093/03/09 City Center Access Project.doc COUNCIL BILL # 1sT reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 23,2009 TO: Land Use and Transportation Committee FROM: Cary M. Roe, P.E., Assistant City Manager, Chief Operating Officer, Emergency Manager Maryanne Zukowski, P .E. VIA: SUBJECT: Grant Funding for Transportation Improvement Projects BACKGRQ~P This memorandum provides Council with the current funding availability of new grant funding programs for transportation projects. Staff has evaluated all projects listed on the City's Six Year Transportation Improvements Plan (TIP) and concluded that the following project will likely be competitive in the 2009 PSRC - STP/CMAQ Regional and countywide Competition funding cycle for allocation in 2010. 30% Design will be complete on this phase of the project January of 2010. Funds are available for obligation in 2010. Project (Funding Phase) Grant City Center Access Project, Phase 3 Final Design Constrnction Phase PSRC Regional /Countywide(Federal Funds) Estimated Project Cost Possible Grant Fund Required City Match $450,000 $4,350,000 $4,800,000 $3,200,000 $1,600,000 The $1.6M match may be funded by supplemental grant funds from other sources available late this summer (i.e.: Transportation Improvement Board and Congressional Earmarks). As oftoday the current earmark request is the same request at $3.2M and requires the same City match of $1.6M. With this grant, the earmark and City match request can be reduced. The current mitigation on this account collected to date from developers is approximately $1 OOk and there is currently $1 OOk in the Phase 2 portion of this project not utilized in contingency funds. ~ Federal Way A u.s. Depatment of Irmsportafton W Fed8fal HIghway AdmInIIIIaIIon ...... ::I!: ..........-- "'II Dla,*_of~ K:\LUTC\2009\02-23-09 Grant Funding for Transportation Projects.doc COUNCIL MEETING DATE: March 17, 2009 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendments to Federal Way City Code (FWCC) Chapter 20 "Subdivisions" and Chapter 22 "Zoning," regarding Clearing, Grading, and Tree and Vegetation Retention, and related amendments. POLICY QUESTION: Should the City approve amendments to the FWCC Chapter 20 "Subdivisions" and Chapter 22 "Zoning, " regarding Clearing, Grading, and Tree and Vegetation Retention, and related amendments? COMMITTEE: Land Use/Transportation Committee (LUTe) CATEGORY: MEETING DATE: February 23,2009 o Consent o City Council Business [8J Ordinance o Resolution o Public Hearing o Other STAFF REpORT By: Janet Shull, AICP, Senior Planner DEPT: Conununity Development Attachments: (1) February 17, 2009, Staff Memorandum; (2) Draft Adoption Ordinance establishing intent to take over regulation of Class IV-General Forest Practices applications; (3) Copy of Planning Commission staff reports for the September 19,2007, November 7,2007 and January 16, 2008, Study Sessions; and November 5,2008, November 19, 2008, January 7, 2009, January 21,2009, and February 4,2009, Public Hearings (the staff reports are located in a binder in the City Council offIces); (4) Minutes of the Planning. Commission September 19,2007, November 7,2007, and January 16,2008, Study Sessions; and November 5, 2008, November 19, 2008, January 7, 2009, and January 21, 2009, Public Hearings (minutes are located in a binder in the City Council offIces); and (5) Draft Minutes of the February 4, 2009, Planning Commission Public Hearing Options Considered: (1) Adopt the Planning Commission's recommendation as shown in Exhibit A to the Draft Adoption Ordinance; (2) Adopt the Planning Commission's recommendation as modifIed by the LUTC; or (2) Do not adopt the amendments. . STAFF RECOMMENDATION: Approval of Option 1; adopt the Planning Commission's recommendation as shown in Exhibit A to the Draft Adoption Ordinance. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAl..: ~ Committee Council Committee Council COMMITTEE RECOMMENDATION: Forward Option #1; adopt the Planning Commission's recommendation as shown in Exhibit A to the Draft Adoption Ordinance to full Council on March 17, 2009, for fIrst reading. Jim Ferrell, Member Linda Kochmar, Chair Dini Duclos, Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (March 17,2009): ] move to forward the ordinance to a second reading for enactment on the April 7, 2009, consent agenda. 2ND READING OF ORDINANCE (April 7, 2009): "] move approval of the LUTC's recommendation to approve the code amendments, which are attached as Exhibit A to the Adoption Ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 COUNCIL BILL # 1 st reading Enactment reading ORDINANCE # RESOLUTION # K:\2008 Code AmendmentslTrees, Vegetation, & GradingILUTClAgenda Bill - Ordinance.doc CITY COUNCIL COMMITTEE STAFF REPORT DATE: To: February 17,2009 Linda Kochmar, Chair Members of the Land Use/Transportation Committee (LUTe) Cary Roe, Assistant City Manager ~ Greg Fewins, CDS Director Janet Shull, AlCP, Senior Planner~Y Margaret Clark, AlCP, Senior Pla~~r VIA: FROM: SUBJECT: Clearing, Grading, and Tree and Vegetation Retention Code Amendments MEETING DATE: February 23, 2009 A. POLICY QUESTION Should the City ofPederal Way approve amendments to the PWCC Chapter 20 "Subdivisions" and Chapter 22, "Zoning" regarding Clearing, Grading, and Tree and Vegetation Retention, and related amendments? B. BACKGROUND Study Sessions with the Planning Commission The topic of tree preservation, clearing, and grading was initially placed on the Planning Division and Planning Commission 2007 Work Program. Staff began meeting with the Planning Commission in study session format in September 2007 and conducted three study sessions on this topic (September 19,2007, November 9, 2007, and January 16,2008). The staff reports and minutes of these meetings are located in a binder in the City Council offices. The Planning Commission requested that staff invite representatives from the development community and utility companies and other interested parties to meet with them to provide input on this topic. Staff developed and maintained a list of interested parties for this code amendment. Those on the list of interested parties were notified of all meetings and were sent draft versions of the proposed code amendment. Briefing Meeting with the LUTC Staff met with the Land Use/Transportation Committee (LUTe) on February 25, 2008, and provided the committee with an overview of the process to date with the Planning Commission and comments provided by iI1terested parties. City Council Committee Staff Report Clearing, Grading, and Tree and Vegetation Retention Code Amendments Meeting Date: February 23, 2009 Page 1 The LUTC directed staff to proceed with draft code amendments that generally allow for greater initial clearing and grading flexibility, but increase standards for tree replacement; timing of development with respect to timing of clearing and grading; and monitoring and penalties for non- performance and violations. Coordination with Low Impact Development (LID) grant. In 2008, the City of Federal Way received an LID grant from the Puget Sound Partnership. As part of the work funded by the grant, the City's LID grant technical assistant, AHBL, has provided input relating to tree/vegetation retention that has been incorporated into the proposed code amendments. Planning Commission Public Hearing Process The Planning Commission conducted public hearings on the proposed code amendments on November 5, 2008, November 19,2008, January 7, 2009, January 21,2009, and February 4,2009. During these public hearings, the Planning Commission had the opportunity to consider written and oral testimony from citizens and representatives from the local development community. (Staff reports and minutes from these meetings are located in a binder in the City Council offices.) On February 4,2009, the Planning Commission voted unanimously to approve the staff recommended code amendment with some minor modifications. One of the modifications pertained to changing the allowable artificial slope from the staff recommended limit of 3: 1 (three feet horizontal for every one foot in rise) to 2: 1 for artificial slopes with a length no greater than six feet. After the close of the Public Hearing, it was discovered that the Planning Commission had intended the modification to read "height" instead of "length." Staff is requesting that the LUTC consider the Planning Commission's intent when taking action on the proposed code amendment. (Please refer to Section D below for recommended action.) Additional Meetings with Citizens In addition to the public testimony received by the Planning Commission at each of the public hearing dates listed above, staff met with representatives of the Master Builders Association on December 2, 2008, to discuss the first draft of the proposed code amendment. On January 23,2009, staff met with citizens (primarily single-family homeowners) who had concerns about how the proposed code amendments would potentially affect them. Staff made revisions to the draft code amendments in response to the questions and concerns raised at both of these meetings as well as the comments received during the public hearings. While staff did not ultimately support all of the changes to the draft code that were proposed throughout the public review process, staff believes the draft code has been improved substantially in response to the public input received and that the majority of the identified concerns have been addressed. c. SUMMARY OF PROPOSED CODE AMENDMENTS Some of the key provisions of the proposed code amendments include: . Consolidation of existing code sections that deal with clearing and grading, and tree/vegetation retention into one new article of the zoning code. City Council Committee Staff Report Clearing, Grading, and Tree and Vegetation Retention Code Amendments Meeting Date: February 23, 2009 Page 2 . Clearing, grading, and tree/vegetation retention plans are reviewed and approved in conjunction with the underlying permit required for the proposed development activity. . More flexibility in mass grading with an emphasis on results. For example: limits of grading area may be greater than the area of infrastructure construction. However, there will be greater control on the timing of site clearing with relation to site development, as well as emphasis on less overall alteration of the natural topography. . Lot size averaging and cluster development will be allowed for residential subdivisions on sloped sites in order to reduce disturbance to natural site conditions. . The existing "significant tree preservation" requirements contained in the "Landscaping" article of the code are replaced with a "tree units per acre" standard that allows credit for all trees in good health that can be retained on site. . Flexibility in meeting tree replacement requirements by allowing off site and/or fee-in-lieu payment where the development site cannot support the required number of tree units. . Provisions for protection of on- and off-site vegetation that is to be retained, as well as new code sections containing maintenance and monitoring provisions for up to two years. . Specific penalties for unauthorized tree removal/damage. . Coordination with utilities and written comment is required prior to proceeding with site work. D. RECOMMENDED ACTION As noted in Section B above, it was discovered after the official closing of the public hearing that the Planning Commission's intent was different from that expressed in the motion that was passed. The staff recommendation below incorporates the Planning Commission's intent as a proposed modification for consideration by the LUTC. STAFF RECOMMENDATION: Staff recommends adoption of the Planning Commission's recommendation as shown in Exhibit A to the Draft Adoption Ordinance with the following modification: Modify Section 22-XX15(a)(ii) to delete the word "length" and replace it with the word "height." K:\2008 Code Amendments\Trees, Vegetation, & Grading\LUTC\LUTC February 23 Report.DOC City Council Committee Staff Report Clearing, Grading, and Tree and Vegetation Retention Code Amendments Meeting Date: February 23,2009 Page 3 DRAFT CITY OF FEDERAL WAY ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO CLEARING, GRADING, AND TREE AND VEGETATION RETENTION; AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 20 SUBDIVISIONS ARTICLE II, PLATS, SECTIONS 20-83 AND 20-111; ARTICLE III DESIGN CRITERIA SECTION 20-154; ARTICLE IV IMPROVEMENTS SECTIONS 20-179 AND 20-186; CHAPTER 22 ZONING ARTICLE I IN GENERAL SECTION 22-1; ARTICLE XIII SUPPLEMENTARY SECTIONS 22-962, 22-1091 THROUGH 22-1095, SECTION 22-1133; ARTICLE XVII LANDSCAPING SECTIONS 22-1561 THROUGH 22-1570; AND ARTICLE XIX COMMUNITY DESIGN GUIDELINES SECTIONS 22-1634 THROUGH 22-1638. WHEREAS, the City recognizes the need to periodically modify the Federal Way City Code Chapter 22, "Zoning," 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, it is in the public interest for the City Council to adopt a new article for FWCC Chapter 22, "Zoning" which establishes development regulations for clearing, grading, and tree and vegetation retention actions within the City of Federal Way; and WHEREAS, the proposed clearing, grading, and tree and vegetation retention code amendments would consolidate these development standards into one article of the code and increase code efficiency; and WHEREAS, the adoption of this code amendment will increase flexibility in site development standards while also establishing more predictable site development outcome; and WHEREAS, this ordinance, containing amendments to the text of Chapter 22 "Zoning," of the Federal Way City Code (FWCC), has complied with Process VI review pursuant to FWCC Section 22-216; and WHEREAS, the Planning Commission conducted public workshops on these code amendments on September 19,2007, November 7,2007, and January 16, 2008; and WHEREAS, the Land Use Transportation Committee of the City Council of the City of Federal Way conducted a study session on these code amendments on February 25,2008; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on October 25,2008, and no comments or appeals were received and the DNS was finalized on November 24, 2008; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on November 5,2008, and continued to November 19,2008, January 7,2009, January 21, 2009, and February 4,2009; and forwarded a recommendation of approval to the City Council; and the Ord No. 09 - , Page 1 Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on February 23, 2009, and recommended adoption of the text amendments as recommended by the Planning Commission; Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed code 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 adding clarity to clearing and grading standards; establishing maximum retaining wall heights; and establishing minimum tree units per acre standards for tree retention. B. These code amendments comply with Chapter 36.70A RCW, Growth Management. C. These code amendments are consistent with the intent and purpose' of FWCC Chapter 22 "Zoning," 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. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section I, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption ofthe proposed amendments: I. The proposed FWCC text amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUGI Improve the appearance and function of the built environment. LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUP6 Conduct regular reviews of the development regulations to determine how to improve upon the permit review process. LUPl9 Consider special development techniques (e.g., lot size averaging, cottage housing, and planned unit developments) in single-family areas, provided they result in residential development consistent with the quality and character of existing neighborhoods. LUP20 Preserve site characteristics that enhance residential development (trees, water-courses, vistas, and similar features) using site planning techniques such as clustering, planned unit developments, and lot size averaging. Ord No. 09 - , Page 2 DRAFT HG I Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character. HP8 Consider the economic impact of all development regulations on the cost of housing. HP9 Maximize efficiency in the City's development review process and ensure that unnecessary time delays and expenses are eliminated. Continue to provide streamlined permitting processes for development that is consistent with the FWCP and FWCC, and that has no adverse impacts. HPIO Encourage community input, where appropriate, into the development permit process by providing thorough and timely information to the public. HG3 Develop a comprehensive plan and zoning code that provide flexibility to produce innovative housing solutions, do not burden the cost of housing development and maintenance, and diversify the range of housing types available in the City. HP19 Increase the amount of undeveloped open spaces in both infill and new development parcels, by expanding the use of cluster development and allowing housing techniques such as lot averaging, and zero lot line standards. NEG I To preserve the City's natural systems in order to protect public health, safety, and welfare, and to maintain the integrity of the natural environment. NEP2 Preserve and restore ecological functions, and enhance natural beauty, by encouraging community development patterns and site planning that maintains and complements natural landforms. NEP18 The City shall maintain regulations and standards to carry out the Surface Water Management Comprehensive Plan's policy of restricting stormwater runoff from all new development and redevelopment in order to minimize the potential for flooding and stream bank erosion, and preserve and enhance development and redevelopment. City policies, regulations, and standards will meet the comprehensive stormwater program requirements of the Puget Sound Plan, and will comply with NPDES permit requirements as applicable. CAB (Countywide Planning Policy) All jurisdictions shall regulate development on certain lands to protect public health, property, important ecological and hydrogeological functions, and environmental quality, and to reduce public costs. The natural features of these lands include: a) Slopes with a grade greater than 40 percent; b) Severe landslide hazard areas; c) Erosion hazard areas; d) Mine hazard areas; and e) Seismic hazards. Regulations shall include, at a minimum, Ord No. 09 - , Page 3 DRAFT provisions for vegetation retention, seasonal clearing and grading limits, setbacks, and drainage and erosion controls. NEG9 Adopt standards to ensure against the loss of both public and private property III geologically hazardous areas. NEP54 Land uses on steep slopes should be designed to prevent property damage and environmental degradation, and to enhance open space and wildlife habitat. NEP55 As slope increases, development intensity, site coverage, and vegetation removal should decrease and thereby minimize drainage problems, soil erosion, siltation, and landslides. Slopes of 40 percent or more should be retained in a natural state, free of structures and other land surface modifications. PUPl6 The City should, to the extent practical, work with utility providers in preparing a right- of-way vegetation plan that ensures that the needs of landscaping and screening are balanced with the need to prevent power outages. 2. The proposed FWCC text amendment bears a relationship to the public health, safety, and welfare because it establishes more prescriptive standards for clearing, grading, and retention of trees and vegetation during land development activities. Implementation of the code amendments will result in development that gives better consideration for natural site conditions and greater amount of tree and vegetation retention on a citywide basis. And 3. The proposed amendment is in the best interest of the residents of the City because site development proposals will be required to more cohesively address proposed site clearing and grading, and tree/vegetation retention as part of the permit review process. Proposed standards related to clearing and grading and utilization of rockeries and retaining walls will be required to provide for better aesthetic treatment of sites, less dramatic alteration of natural site conditions, and greater consideration for off-site impacts. All new developments (except for within the City Center Core and Fame) will be required to establish a minimum number of tree units per acre that will result in a more predictable amount of tree canopy retention on a citywide basis. Retention of tree canopy provides an aesthetic and economic benefit, as well as serving to reduce sound transmission, clean the air, and help reduce stormwater runoff. Section 3. Amendment. FWCC Chapter 20, Article II, Division 8 "Plats, Division 8, Short Subdivision Plats" pertaining to content and form of application, Section 20-83; Article II, Division 9, "Plats, Division 9, Preliminary Plat" pertaining to content and form of application, Section 20-111; Ord No. 09 - , Page 4 DRAFT Article III, "Design Criteria" pertaining to Cluster Subdivision standards and approval criteria, Section 20-154; Article IV, "Improvements" deleting Sections 20-179 and 20-186 in their entirety and moving content to new Clearing, Grading and Tree and Vegetation Article; FWCC Chapter 22, Section 22-1, "Definitions," pertaining to "building segment," "clearing," "critical root zone," "cut," "diameter at breast height (dbh)," "fill," "grading," "hazard tree," "height of structure," "invasive species," "land surface modification," "native vegetation," "nuisance vegetation," "significant trees," "tree," "trees - deciduous," "trees - evergreen," and ''tree unit"; Section 22-33 "Development Application Submittal Requirements"; Article XIII, "Supplementary," pertaining to sections 22-962 "Planting Requirements for Certain Trees," Division 7, "Land Modifications," Sections 22-1091 through 22-1095; Division 9, "Yard Requirements," Section 22-1133; FWCC Chapter 22, "Zoning" pertaining to a new article entitled "Clearing, Grading, and Tree and Vegetation Retention"; Article XVII, "Landscaping" pertaining to Sections 22-1561 through 22-1570 Article XIX, "Community Design Guidelines" pertaining to Section22-1635 "Building Design," and Section 22-1638 "District Guidelines" are amended as set forth in the attached Exhibit A. Section 4. 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 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the day of ,2009. APPROVED: Mayor, Jack Dovey ATTEST: City Clerk, Carol McNeilly Ord No. 09 - , Page 5 DRAFT ApPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERIC PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: K:\2008 Code Amendments\Trees Vegetation and Grading\LUTC\Adoption Ordinance code amendment.doc Ord No. 09 - , Page 6 DRAFT EXHIBIT A (edited 02-09-2009) Planning Commission Recommendation CLEARING, GRADING, AND TREE RETENTION CODE AMENDMENTS Federal Way City Code, Chapter 20, Subdivisions Article II, Plats, Division 8, Short Subdivision Plats 20-83 Content and form of application. (a) An application for approval of a short subdivision shall be made to the department of community development services upon forms furnished by the city. Applications shall be made by the owner or owners of the parcel or parcels of all property encompassed by the application or by a duly authorized agent. The owner or owners of all parcels to be included must join in or be represented in the application. (b) The application shall include seven prints of the proposed short subdivision drawn to a scale of one inch represents 50 feet or larger, and should be accompanied by the following information: (I) Proposed name of the plat. (2) Location by section, township, range, and/or by other legal description. (3) Name, address, and phone number of developer. (4) Name, address, and phone number of each property owner. (5) Name, address, and phone number of registered land surveyor. (6) Scale of drawing, date, and north point. (7) Existing topography of the land indicated by contours of two-foot intervals for slopes less than 20 peroent 15% and five-foot intervals for slopes 0[20 peroent 15% or greater. (8) Accurate delineation of steep slopes 40% or greater. (& .2) Location and extent of significant natural features on and immediately adjacent to the site. Such features shall include, but are not limited to, streams, wetlands, views, signifioant stands of trees, and water bodies to the extent that significant natural features and/or their associated buffers affect the proposed short subdivision. (10) Preliminary clearing and grading and tree/vegetation retention plan consistent with the requirements of Article XXX. Clearing. Grading. and Tree and Vegetation Retention. (911) Comprehensive plan and zoning classification of the proposed short subdivision and adjoining properties. (-l-Q 12) Adjacent common ownerships and the land or lot divisions of adjoining properties not in common ownership for a distance of at least 100 feet around the perimeter of the property proposed for subdivision. (-l+ U) Location, widths, and names of existing or prior platted streets, railroad or utility rights- of-way or easements, access easements, slope easements, parks and other public spaces, and existing permanent structures to be retained within and adjacent to the proposed short subdivision. Where the property had been previously subdivided, the original lots, blocks, streets, easements, etc., shall be shown in dotted lines in scale with the proposed short subdivision. (H W Existing and proposed water, sewer, and drainage utilities on, under, or over the land showing size, grades, and location. (+3 15) Layout of proposed streets, pedestrian walkways, and easements. (14 16) Layout, number, lot sizes, and dimensions of proposed lots. (# 17) Parcels ofland intended to be dedicated for public use, or reserved for use of owners of the property in the short subdivision. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 1 of 65 (+e lJD Building setback lines. (+7 12) The location and size of all ditches, culverts, catchbasins, and other parts of the design for the control of surface water drainage. (+& 20) Typical roadway sections (existing and proposed). (W 21) Total acreage of the site platted prior to creation of any lots, tracts, or other dedications. (~ 22) Acreage precluded from development due to the presence of critical areas, including: wetlands, streams, steep slopes, and other features (along with buffers), broken out by category, covered by critical areas regulations. (U 23) Acreage dedicated for public rights-of-way (for both newly created streets and expansions of existing streets), as well as private tracts, alleys, and ingress/egress and utilities easements created for the purpose of providing access to lots. (~24) Acreage of tracts (or other areas) dedicated for retention/detention/drainage facilities, open space and parks, or other on-site public facilities. (~ 25) Net plat area, which is gross plat area minus critical areas, rights-of-way, and public purpose lands. (2.4 26) Vicinity map indicating the proposed short subdivision's relation to the area. (~ 27) A copy of the current county quarter section map for the appropriate area. (~28) If applicable under FWCC 18-141 et seq., completed checklists or other required environmental documentation. ' (:J:l- 29) The fee established by the city. The application shall not be accepted unless it is accompanied by the requested fee. (~30) Additional information as required at the discretion of the director. (Ord. No. 90-41, S 1(16.150.10 - 16.150.30),2-27-90; Ord. No. 97-291, S 3,4-1-97; Ord. No. 07-554, S 5(Exh. A(2)), 5-15-07) Article II, Plats, Division 9, Preliminary Plat 20-111 Content and form of application. (a) An application for approval of a preliminary plat shall be made to the department.of community development services upon forms furnished by the city. Applications shall be made by the owner or owners of the parcel or parcels of all property encompassed by the application or by a duly authorized agent or agents. The owner or owners of all parcels to be included must join in or be represented in the application. (b) The survey of the proposed subdivision and preparation of the plat shall be made by, or under the supervision of, a registered land surveyor who shall certify that it is a true and correct representation of the lands actually surveyed. (c) The application shall be accompanied by the following information: (1) Ten prints of the proposed preliminary plat drawn to a scale of one inch represents 100 feet or larger. The preliminary plat drawing shall include the following specifIc information: a. Proposed name of the plat. b. Location by section, township, range, and/or by other legal description. c. Name, address, and phone number of developer. d. Name, address, and phone number of each property owner. e. Name, address, and phone number of registered land surveyor. f. Scale of plat, date, and north point. g. Existing topography of the land indicated by contours of two-foot intervals for slopes less than 20 percent 15% and five-foot intervals for slopes of20 percent 15% or greater. h. Accurate delineation of steep slopes 40 percent or greater. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 2 of 65 hi. Location and extent of significant natural features on and immediately adjacent to the site. Such features shall include but are not limited to streams, wetlands, views, signifioant stands of trees, and water bodies to the extent that significant natural features and/or their associated buffers affect the proposed preliminary plat. i. Preliminary clearing and grading and tree/vegetation retention plans consistent with FWCC Article XXX, Clearing, Grading, and Tree and Vegetation Retention. i k. Comprehensive plan and zoning classification of the proposed plat and adjoining properties. j 1. Adjacent common ownerships and the land or lot divisions of adjoining properties not in common ownership for a distance of at least 100 feet around the perimeter of the property proposed for subdivision. k m. Location, widths, and names of existing or prior platted streets, railroad or utility rights- of-way or easements, parks or other public spaces, or existing permanent structures to be retained within and adjacent to the proposed plat. Where the property had been previously subdivided, the original lots, blocks, streets, easements, etc., shall be shown in dotted lines in scale with the proposed plat. 1 n. Existing and proposed water, sewer, and drainage utilities on, under, or over the land showing size, grades, and location. m o. Layout of proposed streets, pedestrian walkways, and easements. R 12., Layout, number, lot sizes, and dimensions of proposed lots. e fh.Parcels ofland intended to be dedicated for public use, or reserved for use of owners of the property in the subdivision. P L Building setback lines. Et ~ The location and size of all ditches, culverts, catchbasins, and other parts of the design for the control of surface water drainage. f t Typical roadway sections (existing and proposed). s u. Total acreage ofthe site platted, prior to creation of any lots, tracts, or other dedications. t v. Acreage precluded from development due to the presence of critical areas, including: wetlands, streams, steep slopes, and other features (along with buffers), broken out by category, covered by critical areas regulations. tI w. Acreage dedicated for public rights-of-way (for both newly created streets and expansions of existing streets), as well as private tracts, alleys, and ingress/egress and utilities easements created for the purpose of providing access to lots within subdivisions. v x. Acreage of tracts (or other areas) dedicated for retention/detention/drainage facilities, open space and parks, or other on-site public facilities. w ~ Net plat area, which is gross plat area minus critical areas, rights-of.:-way, and public purpose lands. * ~ Vicinity map indicating the proposed subdivision's relation to the area. (2) A copy of the current county quarter section map for the appropriate area. (3) A list of the names and addresses of all owners of real property, as shown by the records of the county assessor located within 300 feet of any portion of the boundary of the proposed subdivision and any adjoining real properties owned by the owners of the lands proposed to be subdivided. If the owner of the property which is proposed to be subdivided owns adjacent property, the addresses of owners of property located within 300 feet of any portion of the boundaries of such adjacently located parcels must also be provided. (4) Three sets of stamped envelopes with address labels for all owners described in subsection (c)(3) of this section. (5) One II-inch by 17-inch reduced paper copy of the preliminary plat map. (6) If applicable, a phasing plan, showing divisions of the plat and a proposed timetable for construction of each division. (7) A complete environmental checklist pursuant to environmental policy, FWCC 18-26 et seq. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 3 of 65 (8) Preliminary plat certificate not less than 90 days old from a licensed title insurance company. (9) Additional information as required at the discretion of the director of community development servIces. (d) Upon submittal of the preliminary plat application, the applicant shall tender payment of required fees. Such fees shall be determined according to a standard fee schedule approved by the city council. The purpose of such fees is to defray the city's cost in processing the application. (Ord. No. 90-41, ~ 1(16.50),2- 27-90; Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 98-309, ~ 3, 1-6-98; Ord. No. 07-554, ~ 5(Exh. A(2)), 5-15-07) Article III, Design Criteria 20-154 Cluster subdivision. (a) Purpose. The term cluster subdivision applies to both long and short subdivisions. The purpose of cluster subdivisions is to provide design flexibility, sensitivity to the surrounding environment, and innovation consistent with the site and the comprehensive plan; promote compatibility with housing on adjacent properties through lot size and design; promote affordable housing; promote reduction of impervious surface; and promote usable open space: and promote the retention of native vegetation. (b) Standards. (I) The gross land area available for cluster subdivisions must be a minimum of two acres. (2) Lots created in a cluster subdivision may be reduced in size below the minimum required in Chapter 22 FWCC, up to one-half of the size ofthe underlying zoning requirement, but in no case smaller than 5,000 square feet, per lot; provided, that minimum setback requirements are met. This provision cannot be used together with FWCC 22-976(d)(l) (affordable housing bonus). (3) When the cluster subdivision abuts a single-family zoned neighborhood, the lots in the proposed development immediately adjacent shall be no less than the neighboring lot size, or the underlying zoning minimum lot size minus 10 percent, whichever is smaller. (4) Cluster lots miry not be ereated on slopes of IS pereent or greater. Slopes are to be measured in their naMal state. Refer to FWCC 22-)0(16 for additional development standards for sites with slopes of 15% or greater. (5) Open space. a. Open space created through cluster subdivisions shall be protected from further subdivision or development by covenants filed and recorded with the final plat of the subdivision. b. Any subdivision created by this section must provide all open space on-site and it must be all usable except up to five percent can be buffer. c. All usable open space must be readily identifiable with the development and easily accessible by the residents. Usable open space should be the central focus and an amenity for the project. (6) Cluster subdivisions can be constructed with zero lot lines under the following conditions: a. No more than two units shall share a common wall. b. Zero lot line cannot occur in zones ofRS 9.6 or greater. c. Each dwelling unit shall be built to respect privacy of abutting homes. d. Zero lot line development cannot exceed 10 percent of the lots proposed unless it is in a multifamily zone. e. Each unit shall be intended for owner occupancy. (7) Cluster lots are not eligible for accessory dwelling units under FWCC 22-613 or 22-648. (c) Approval criteria. The innovative or beneficial overall quality of the proposed development shall be demonstrated by the following criteria: (1) The subdivision provides innovative development, otherwise not allowed, but which promotes the goals of the comprehensive plan for architectural compatibility with single-family housing on adjacent properties. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 4 of 65 (2) The subdivision results in 15 percent common open space of which at least 10 percent of the gross land area must be usable on-site open space, which is identified with the development and easily accessible to residents. (3) Native tree retention in accordance with FWCC 22-XX18 et seq. (~1) Cluster lots immediately adjacent to existing neighborhoods have incorporated design elements through lot size and architecture to be compatible as approved by the community development services director. (4~) The cluster subdivision will not result in destruction or damage to natural, scenic, or historic features. (~Q) Each dwelling unit shall meet the design standards in the FWCC community design guidelines for cluster subdivisions. (Ord. No. 90-41, ~ I (16.240.10 - 16.240.30), 2-27-90; Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 98-309, ~ 3, 1-6-98; Ord. No. 98-330, ~ 3,12-15-98; Ord. No. 01-381, ~ 3,1-16-01; Ord. No. 07- 554, ~ 5 (Exh. A(2)), 5-15-07) Article IV, Improvements 20 179 Retention of vegetation. (a) .^Jl natural vegetation shall be retained on the site to be soodi';ided elccept that wliich will be removed for imprevements or grading as shmvR en approved engineering plans. For liere lot line townhOl:lSe development, clearing and grading shall be allo'Ned to aocommeda-te the censtruotion of the building(s). If de';elopmeflt is to be phased, olearing and grading shall alse be phased. .^~ preliminary clearing and grading plan shall be submitted as part of preliminary plat applioation. (b) Existing mature vegetations shall be retained to the maximum extent possible. Preservation of signifioant trees pursuant te FWCC 22 156& shall apply solely to the de';elepment of each single family lot at the time a building permit is applied for. (c) Lots created on slopes of 15 percent or greater shall minimize grading and shall not result in extensive use of retaining walls. Slopes are to be measured in their naMal state. (Ord. Ne. 90 41, ~ 1(16.290),2 27 90; Ord. Ne. 97 291, ~ 3, 1 1 97; OId. Ne. 98 330, ~ 3, 12 15 9&; OId. No. 07 554, ~ 5(Em. .'\(2)), 5 15 07) (d) Where safe and feasible, the meandering of streets and/or sidewalks areund significant tr-ees is encolH"aged. (e) All street trees and other plantings shall be installed in confermanee with staRdard landsoaping practices and with appropriate city guidelines and regulations. (Ord. No. 90 11, ~ I(Hi.360.10 16.360.40),2 27 90; Oni. No. 97 291, ~ 3, 4 1 97; Ord. Ne. 07 554, ~ 5eExh. J.(2)), 5 15 07) 20 186 Landseaping pFoteetion and enhaneement. (a) A landsoape plan prepared by a licensed landscape arohitect shall be submitted y:ith each application for a land division. The plan shall identify existiflg weoded areas, significant trees, meadev/s, roele outcreppings, and other landseape features. The plan shall also shew preposed buffers, 01300 spaces, street trees, and other omamentallandscafling. (b) Significant trees, as defined ifl Chapter 22 FWCC, Zoning, shall be ideatified, except for those to be remeved in areas to be improved or graded as sho'NIl en the application for a hHld di':ision. During construction of improvements and permitting ofbuildiflgs, protectioe teclmiq1:1es, as required in Chapter 22 FWCC, Zoning, shall be used to protect the ideatified trees frem harm or destruction, and te restore trees damaged or lost. SignifIcaftt trees to be preserved shall be visibly mark-€!d by flagging. (c) "\Vhere saf-€! and feasible, the meanderieg of streets and/or sidewalks arel:lfld significant trees is encolH"aged. (d) .^Jl street trees and other fllantings shall be installed ifl coeformance ,'lith standard landscaping practiees and ';{ith apprepriate city guidelines and reg1:l1ations. (Ord. No. 90 41, ~ 1(16.360.10 16.360.40),2 2790; Ord. No. 97 291, ~ 3, 1 1 97; OIrl. No. 07 551, ~ 5(Exh. .^.(2)), 5 1507) Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02109/2009 Page 5 of 65 Chapter 22, Zoning Article I, In General 22-1 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned means knowing relinquishment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall include but not be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure. Abandoned personal wireless service facility means a PWSF that meets the following: (1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or (2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or (3) The antenna has been relocated at a point less than 80 percent of the height of the support structure; or (4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. Accessory means a use, activity, structure or part of a structure which is subordinate and incidental to the main activity or structure on the subject property. Accessory dwelling unit (ADU) means either a freestanding detached structure or an attached part of a structure which is subordinate and incidental to the main or primary dwelling unit located on the subject property, providing complete, independent living facilities exclusively for one single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation. (1) ADO, attached means an accessory dwelling unit that has one or more vertical and/or horizontal walls, in common with or attached to the primary dwelling unit. (2) ADO, detached means a freestanding accessory dwelling unit that is not attached or physically connected to the primary dwelling unit. Accessory hardship dwelling unit means an attached ADU which satisfies the criteria set forth in FWCC 22-965. Accessory livingfacility means an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee's family, or for the business owner/operator and that person's family. Adjoining means property that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is 100 feet or more from a low density zone is not considered to be adjoining that zone. Adult entertainment, activity, retail, or use shall mean all of the following: (1) Adult theater shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified "sexual activities" or "specified anatomical areas" (defined below) for observation by patrons therein and which excludes minors by virtue of age. (2) Adult entertainment shall mean a cabaret, nightclub or other establishment which features go- go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined below) and which establishment Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/0912009 Page 6 of 65 excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in FWCC 9-71(a) and (b). (3) Panorama and peepshow shall mean as defined in FWCC 9-71(i) and (j). (4) Adult retail shall mean a retail establishment which, for money or any other form of consideration, either: a. Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult-oriented merchandise; or b. Provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer, and/or viewing or use, off the premises, any adult-oriented merchandise. Activities and uses defIned as "adult entertainment, activity, retail, or use" are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. Adult-oriented merchandise shall mean any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or "specified sexual activities" (defined below). Agricultural use means any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. Air rights means the right to, in some manner, control the use of the space above the surface ofthe ground. AKARTmeans "...all known, available and reasonable methods of prevention, control and treatment" as interpreted in WAC 173-201A-020. This is a technology-based approach to limiting pollutants from wastewater discharges, which requires both an engineering and economic judgment. Alluvium means soil deposits transported by surface waters. Antenna(s) means any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points, including, but is not limited to: (1) Omni-directional (or "whip") antenna(s) transmits and receives radio frequency signals in a 360-degree radial pattern. (2) Directional (or "panel") antenna(s) transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees. (3) Parabolic (or "dish") antenna(s) is a bowl-shaped device for the reception and/or transmission of communications signals in a specific directional pattern. (4) Ancillary antenna is an antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna. Antique or collectible means any article which, because of age, rarity, or historical significance, has a monetary value greater than its original value, or which has an age recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise. A store or shop selling only such articles, or offering them for sale, shall be considered as a dealership selling antiques or collectibles and not as a dealership selling secondhand merchandise. Applicant means both of the following, depending on the content: (1) A person who applies for any permit or approval to do anything governed by this chapter, which person must be the owner of the subject property, the authorized agent of the owner, or the city. (2) Any person who is engaging in an activity governed by this chapter or who is the owner of property subject to this chapter. Aquifer means a water-bearing porous soil or rock strata capable of yielding a significant amount of groundwater to wells or springs. Average building elevation (ABE) means a reference datum on a subject property from which building height is measured. ABE is the average of the highest and lowest existing or proposed Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 7 of 65 elevations, whichever is lowest, taken at the base of the exterior walls of the structure; provided, that ABE shall not be greater than five feet above the lowest existing or proposed elevation. ~1ooI.d:-----n-- ----"-- _____n__: euilding i i Height i ' Louest Be_ion Rduenoe dolum(ABE) H9he.. 8e"lGltion Average slope means the average grade of land within each land area representing a distinct topographical change. Backfill means material placed into an excavated area, pit, trench or behind a constructed retaining wall or foundation. BMPs or best management practicers) means maintenance measures and operational practices that are considered the most effective, practical means of preventing or reducing pollution from nonpoint or point sources. BMPs are defined by trade organizations, government agencies, and other organizations involved in pollution prevention and environmental regulation. Building means a roofed structure used for or intended for human occupancy. Building mounted signs means all ofthe following: wall-mounted signs, marquee signs, under marquee signs and projecting signs. Building segment means that portion of a terraced building on a sloping site which has a separate roof line or finished floor elevation with a grade change of at least four feet. Bulkhead means a wall or embankment used for retaining earth. Business or vocational school means a post-secondary institution that offers instruction in business principles and practices that will enhance one's ability to perform in a business setting, Le., secretarial, accounting, purchasing, computer programming or usage, or training in fields such as health services, restaurant management, real estate, beautician training, or professional training or continuing education in these or similar fields. Cel/-on-wheels (C-O-W) means a mobile temporary personal wireless service facility. Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses, when operated in conjunction with and within boundaries of such cemetery. Change of use means a change of use determined to have occurred when it is found that the general character of the operation has been modified. This determination shall include review of, but not be limited to: (1) Hours of operation; (2) Required parking; (3) Traffic generation; (4) General appearance; (5) Type, extent or amount of indoor or outdoor storage; and (6) Constituents of surface water discharge or runoff. Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualifY as home occupations under this zoning chapter, except family child care homes. Class II home occupation means those family child care homes that qualifY under FWCC 22-1069. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 8 of 65 Clearing means the destruction and removal of vegetation by manual. mechanical. or chemical methods. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and the nonindustrial uses permitted in the commercial enterprise zone and not permitted in any other zones of the city. Commercial vehicle means, unless exempted by FWCC 22-1176 and 22-1178, any truck over 10,000 pounds gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (I) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. Convalescent center means an inpatient facility, excluding facilities defined as hospitals, for patients who are recovering from an illness or who are receiving care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include assisted living facilities. Cottage housing development (CHD) means residential development consisting of clusters of between four and 16 detached dwelling units, that includes cottages and may include compact single-family units and meets the following criteria: (1) Dwelling units are limited to a maximum square footage; and (2) Dwelling units are grouped around a common open space; and (3) Developments meet a set of design criteria not applicable to typical single-family developments as stipulated in Article XII of this chapter. Critical aquifer recharge areas means areas in which water reaches the zone of saturation by surface infiltration. These areas are hydrogeologic ally susceptible to contamination and contamination loading potential including, but not limited to, such areas as sole water source aquifer recharge areas, special protection groundwater management areas, wellhead protection areas, and other areas with a critical recharging effect on aquifers used for potable water. Critical root zone shall be defined as: an area equal to 12 inches radius for every one inch of tree diameter measured at four and one-half feet above ground. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 9 of 65 Cross-section (drawing) means a visual representation ofa vertical cut through a structure or any other three-dimensional form. . Curb cut means the connection of a driveway with a street, which may entail a structural alteration to the curb by lowering the height of part ofthe curb. Cut means a portion ofland surface or area from which earth has been removed or will be removed by excavation. Also known as excavation. Day care facility means the temporary, nonresidential care of persons in a residence or other structure on a regular, recurring basis. Dedication means the deliberate appropriation of land by its owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purposes to which the property has been devoted. Deleterious substance includes, but is not limited to, chemical and microbial substances that are classified as hazardous materials under this section, "hazardous materials," whether the substances are in usable or waste condition, that have the potential to pose a signifIcant groundwater hazard, or for which monitoring requirements of treatment-based standards are enforced under Chapter 246-290 WAC. Development activity means any work, condition or activity which requires a permit or approval under this chapter or the city's building code. Diameter at Breast Height (dbh) means the diameter of a tree trunk as measured at 4.5 feet above the ground surface. Development permit means any permit or approval under this chapter or the city's building code that must be obtained before initiating a use or development activity. Domestic animal means an animal which can be and is customarily kept or raised in a home or on a farm. Domestic violence shelters means housing for adult women or men and their dependent children, if any, who are victims of domestic violence perpetrated by the spouse, domestic partner or significant other of the adult victim. Dredging means removal of earth and other materials from the bottom of a body of water or watercourse or from a wetland. Dredging spoils means the earth and other materials removed from the bottom of a body of water or watercourse or from a wetland by dredging. Driveway means an area of the subject property designed to provide vehicular access to a parking area or structure located on the subject property. Dry land means the area of the subject property landward of the high water line. Dwelling unit means one or more rooms in a structure or structures, excluding mobile homes, providing complete, independent living facilities exclusively for one family, including permanent provisions for living, sleeping, cooking and sanitation. A factory-built home or manufactured home is considered a dwelling unit under this chapter only if it meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. There are the following eight types of dwelling units: (1) Dwelling unit, attached, means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or other uses above or below it. (2) Dwelling unit, detached, means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. (3) Dwelling unit, stacked, means a dwelling unit that has one or more horizontal walls in common with or attached to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses. (4) Dwelling unit, multifamily, means a building containing two or more dwelling units, which are either attached or stacked. See definition of "dwelling unit, townhouse." (5) Dwelling unit, multiple unit housing, means dwelling unit, multifamily. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 10 of 65 (6) Dwelling unit, small lot detached, means detached residential dwelling units developed on multifamily-zoned property. Each unit is located on its own fee-simple lot. One ofthe dwelling unit's sides may rest on a lot line (zero lot line) when certain site development conditions are met. (7) Dwelling unit, townhouse, means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (8) Dwelling unit, zero lot line townhouse, means attached residential dwelling units with common (or "party") walls. Each unit is located on a lot in such a manner that one or more of the dwelling's sides rests on a lot line. Each unit has its own entrance opening to the outdoors (to the street, alley, or private tract) and, typically, each house is a complete entity with its own utility connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee simple. Easement means land which has specific air, surface or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property . EMF means electromagnetic field, which is the field produced by the operation of equipment used in transmitting and receiving radio frequency signals. Equipment shelter means the structure associated with a PWSF that is used to house electronic switching equipment, cooling system and back-up power systems. Erosion and deposition means the removal of soils and the placement of these removed soils elsewhere by the natural forc.es of wind or water. Essential public facility is any facility or conveyance which has the following attributes: (I) It is typically difficult to site due to unusual site requirements and/or significant public opposition; (2) It is a necessary component of a system, network or program which provides a public service or good; (3) It is owned or operated by a unit oflocal or state government, private or nonprofIt organization under contract with or receiving government funding, or private firms subject to a public service obligation; (4) It meets a general and/or specific category for facility types or individual facilities listed below in Class I and Class II essential public facilities. a. Class I: Facilities of a county, regional or state-wide nature. Those essential public facilities intended to serve a population base that extends significantly beyond the boundaries of the city, and which may include several local jurisdictions or a significant share of the Puget Sound regional population. Such facilities may include, but are not limited to, the following: I. State or regional education facilities (except minor branch facilities). i. Research facilities; ii. University branch campuses; iii. Community colleges. 2. State or regional transportation facilities. i. Light and/or standard rail lines; ii. Commuter terminals; iii. Transit centers; iv. Park-and-ride lots in residential zones. 3. State or regional correctional facilities. 4. Solid waste handling facilities (large scale). i. Transfer station; ii. Recycling center. S. Sewage treatment plants. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 11 of65 6. Power plants. b. Class II: Facilities of a local nature. Those essential public facilities that are intended to meet the service needs of the local community. In many cases local facilities are characterized by providing some type of in-patient care, assistance, or monitoring. Such facilities may include, but are not limited to, the following: 1. Substance abuse facilities. 2. Mental health facilities. 3. Group homes/special needs housing. 4. Local schools. i. Elementary school; ii. Middle school; iii. High school. 5. Social service transitional housing. i. Domestic violence shelter; ii. Homeless shelter; iii. Work-release. Excavate or excavation means the mechanical removal of soils and/or underlying strata. Family means an individual or two or more individuals related by not more than four degrees of affinity or consanguinity and including persons under legal guardianship, or a group of not more than five persons who are not related by four or fewer degrees of affinity or consanguinity; provided, however, that any limitation on the number of residents resulting from this defInition shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). Family child care home means a business regularly providing care during part of the 24-hour day to 12 or fewer children (including the children of the day care provider) in the family abode of the person or persons under whose direct care the children are placed. Fastfood restaurant means an establishment which offers quick food service which is accomplished through one or more of the following mechanisms: (1) Limited menu of easily produced items. (2) Orders are not taken at the customer's table. (3) Food is served in disposable wrappings or containers. Fence means a manmade barrier or wall constructed for the purpose of enclosing space or separating parcels of land. Fill means deposition of earth materials by artificial means. Fill material means dirt, structural rock or gravel, broken concrete and similar structural substances customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel placed on the surface of the ground. Finished grade means the fInal contour of the land surface prior to landscaping. Flag lot or panhandle lot means a lot in the shape of a flag or pan that is connected to the road or street right-of-way by a narrow strip ofland. The narrow strip ofland connecting the main portion of the lot to the road or street right-of-way is the "flag pole" or "access panhandle" part of the lot. Floor means the horizontal surface inside a structure designed and intended for human use and occupancy. Gambling use means one of those gambling activities regulated by the state, e.g., "public card rooms," which involve staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the person's control or influence, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. Gambling uses include those uses regulated by the Washington State Gambling Commission with the following exceptions as these uses are defined in Chapter 9.46 RCW: punch boards; pull tabs; bingo Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 12 of65 games operated by bona fide not-for-profit organizations; limited social games operated by bona fide not- for-profit organizations; commercial amusement games; raffles; fund raising events; business promotional contests of chance; sports pools; golfing and bowling sweepstakes; dice or coin contests for music, food, or beverages; fIshing derbies; bona fIde business transactions; activities regulated by the State Lottery Commission. Geologically hazardous areas means areas which because of their susceptibility to erosion, landsliding, seismic or other geological events are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns. Geologically hazardous areas include the following areas: (1) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to natural agents such as wind, rain, splash, frost action or stream flow. (2) Landslide hazard areas are those areas potentially subject to episodic downslope movement of a mass of soil or rock including, but not limited to, the following areas: a. Any area with a combination of: 1. Slopes greater than 15 percent; 2. Permeable sediment, predominately sand and gravel, overlying relatively impermeable sediment or bedrock, typically silt and clay; and 3. Springs or groundwater seepage. b. Any area which has shown movement during the Holocene epoch, from 10,000 years ago to the present, or which is underlain by mass wastage debris of that epoch. c. Any area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action. d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to inundation by debris flows or flooding. e. Those areas identified by the United States Department of Agriculture Soil Conservation Service as having a severe limitation for building site development. f. Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable recent slides) by the Department of Ecology. g. Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking. (3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting. These conditions occur in areas underlain by cohesionless soils of low density usually in association with a shallow groundwater table. (4) Steep slope hazard areas are those areas with a slope of 40 percent or greater and with a vertical relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance. A slope is delineated by establishing its toe and top, and measured by averaging the inclination over at least 10 feet of vertical relief. Glare means both of the following: (1) The reflection of harsh, bright light. (2) The physical effect resulting from high luminances or insufficiently shielded light sources in the field of view. Government facility means a use consisting of services and facilities operated by any level of government, excluding those uses listed separately in this chapter. Grading means altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, fIlling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition. Gross floor area means the total square footage of all floors, excluding parking area, in a structure as measured from either the interior surface of each exterior wall of the structure or, if the structure does not have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 13 of 65 Ground floor means the floor of a structure that is closest in elevation to the finished grade along the facade of the structure that is principally oriented to the street which provides primary access to the subject property. Groundwater means water that occurs in subsurface openings in the earth, such as the spaces between particles in unconsolidated deposits or along fractures in consolidated deposits. Groundwater contamination means the presence of any substance designated by the U.S. Environmental Protection Agency (EPA), or the State of Washington Department of Ecology (DOE), as a primary or secondary water quality parameter, in excess of the maximum allowable containment level (MCL). Group homes type II means housing for juveniles under the jurisdiction of the criminal justice system. Such groups include state-licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing correction, or for those selected to participate in state-operated work release and pre-release programs. The director of community development services shall have the discretion to classify a group home proposing to serve juveniles convicted of the offenses listed under group home type III in this section as a group home type III, and any such home shall be sited according to the regulations contained within type III classification. Group homes type II-A: Maximum number of 12 residents including resident staff. Group homes type II-B: Thirteen or more residents including residential staff. Maximum number to be determined on a case-by-case basis. The limitation on the number of residents in a group home type II shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). Group homes type III means housing for adults that have been convicted of a violent crime against a person or property, or have been convicted of a crime against a person with a sexual motivation, or have been convicted or charged as a sexual or assaultive violent predator. These individuals are under the jurisdiction ofthe criminal justice system or have entered a pre- or post-charging diversion program. Such groups involve individuals selected to participate in state-operated work/training release and pre-release programs or similar programs. Such category does not include full-time detention facilities. Gymnasium means a room or building equipped for sports, which must be accessory to a school facility, health club, social service club such as the Boys and Girls Club, or similar facility. A gymnasium may also be used as an auditorium to hold concerts and other performing arts. Hardship means a current or impending health condition which requires a person to live in close proximity to, and/or share housing with, a caregiver. Hazard tree shall mean any tree which. in the opinion of the city or an expert approved bv the city (such as. but not limited to. a professional forester. certified arborist. or landscape architect). poses an unreasonable risk of failure and poses a hazard to a permanent structure or high use outdoor area. Hazardous liquid means: (a) petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 CFR Part 195 in effect March 1, 1998; and (b) carbon dioxide. Hazardous materials mean any material, either singularly or in combination, that is a physical or health hazard as defIned and classifIed in the International Fire Code, whether the materials are in usable or waste condition; and any material that may degrade groundwater quality when improperly stored, handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged. Hazardous materials shall also include any hazardous waste, hazardous substance, dangerous waste, or extremely hazardous waste that is a physical or health hazard as defined or classified in Chapter 70.105 RCW and Chapter 173- 303 WAC, whether the materials are in usable or waste condition. Hazardous materials shall also include petroleum or petroleum products that are in a liquid phase at ambient temperatures, including any waste oils or sludge. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 14 of65 Hazardous waste means all dangerous and extremely hazardous waste, including substances composed of radioactive and hazardous components (see Chapter 70.105 RCW). Hazardous waste storage means the holding of dangerous waste for a temporary period (see WAC 173-303-040(85)). Hazardous waste treatment means the physical, chemical or biological processing of dangerous wastes to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage or reduced in volume (see WAC 173-303-040(97)). Heat means added energy that causes substances to rise in temperature, fuse, evaporate, expand or undergo any other related change. Heavy equipment means high capacity mechanical devices for moving earth or other materials, mobile power units, including but not limited to carryalls, graders, loading/unloading devices, cranes, drag lines, trench diggers, tractors over 80 HP, augers, caterpillars, concrete mixers and conveyors, harvesters, combines, or other major agricultural equipment, and similar devices operated by mechanical power as distinguished from manpower. Height of structure means the vertical distance above the measured from the average building elevation measured around the building or building segment to the highest point of a flat roof or to the deck line of a mansard roof, or to the mid-point between eave and ridge of the highest principal roof of a gable, hip, gambrel, or similar sloped roof. For single-family residential structures where the total area of dormers exceeds 35 percent of the total area of the underlying sloped roof, height will be measured to the ridge of the highest principal gable. High density residential zones means the following zones: RM 3.6, RM 2.4, RM 1.8, RS 5.0, RS 7.2, RS 9.6, and comparable zones in other jurisdictions. Home occupation means an occupation, enterprise, activity or profession which is incidental to a residential use, which is carried on for profit or customarily carried on for profit and which is not an otherwise permitted use in the zone in which it occurs. Horizontal dimension means the length of the facade of a structure as measured along a plane, excluding eaves which extend out no more than 18 inches from the exterior walls of the structure. Hospital means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, extended care facilities and/or training facilities. Hotel or motel means a single building or group of buildings containing individual sleeping units intended for transient occupancy. Improvement means any structure or manmade feature. Industrial-commercial zone means the CE zoning district. Industrial uses means those uses allowed only in the CE zone as listed in FWCC 22-861 through 22- 864. Ingress/egress and utilities easement means privately owned land used and legally committed, through easements, plat restrictions, or similar mechanisms, to providing access for vehicles and pedestrians to properties other than the property within the tract or easement. It may also provide space for utility lines and appurtenances, and other devices and facilities benefiting nearby properties or the public. See definition of "vehicular access easement or tract." Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 14 days, is apparently inoperable or requires repairs in order to be operated legally on the public roads or is unable to move a distance of 10 feet on level pavement under its own power. Institutional uses mean the following uses: schools, churches, colleges, hospitals, parks, governmental facilities and public utilities. Invasive species include non-native species of plants or animals that out-compete native species in a specific habitat and that cause or are likely to cause economic or environmental harm or harm to human. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 15 of65 animal or plant health. Invasive species include species on the noxious weed list maintained by the King County Noxious Weed Control Board. See also Native Vegetation and Nuisance Vegetation. Irrevocable license means a written irrevocable permission given by a property owner to the city for specified purposes. Issuance, when used with respect to a decision of the director of community development services or a decision of the hearing examiner issued under this chapter, means the date that is three days after the date the written decision of the director or hearing examiner is mailed. Proof of mailing shall be by affidavit or by declaration under penalty of perjury. Issuance, when used with respect to a city council decision made by ordinance or resolution while sitting in a quasi-judicial capacity, means the date on which the council passes the ordinance or resolution, as evidenced by the date of passage indicated on the face of the ordinance or resolution. Junk means old or scrap metal, rope, rags, batteries, paper, rubber, machinery, scrap wood, debris, trash, or junked, dismantled, wrecked or inoperable motor vehicles or parts thereof. Junk or junked vehicle means any vehicle substantially meeting at least two of the following conditions: (l) Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield or missing wheels, tires, motor, or transmission; (2) Is apparently inoperable; (3) Is without a current, valid registration plate. Junkyard means a property or place of business which is maintained, operated or used for storing, keeping, buying, selling or salvaging junk. Kennel means an establishment, generally retail in nature, which houses, cares for, breeds, raises or sells dogs or cats. 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. Land surfacc madificatian means the elearing or removal of trees, shrubs, groundeover afld other vegetation and all grading, exeavation and filling aetivities. 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. 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. Lot means a parcel of land having fixed boundaries described by reference to a recorded plat, by reference to metes and bounds, or by reference 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, flag pole, 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. Major stream means any stream, and the tributaries to any stream, which contains or supports, or under normal circumstances contains or supports, resident or migratory fish. If there exists a natural permanent blockage on the stream course which precludes the upstream movement of anadromous salmonid fish, then that portion of the stream which is downstream of the natural permanent blockage shall be regulated as a major stream. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 16 of65 Manufactured home means a factory-built structure transportable in one or more sections which is built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when connected to required utilities. A manufactured home shall be built to comply with the National Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15, 1976). Manufacturing and production, general, means establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors, and is typically carried on for the wholesale market. Manufacturing and production, limited, means retail establishments engaged in the small-scale manufacture, production, and on-site sales of custom goods and products. This classifIcation includes uses such as ceramic studios; candle-making shops; custom jewelry manufacturing; woodworking and cabinet making; manufacturing of specialized orthopedic appliances such as artificial limbs or braces; or dental appliances such as bridges, dentures, and crowns; production of goods from finished materials such as wood, metal, paper, glass, leather, and textiles; and production of specialized food products such as caterers, bakeries, candy stores, microbreweries, and beverage bottlers. These uses are distinguished from "manufacturing and production, general" by a predominant use of hand tools or domestic mechanical equipment, limited number of employees, limited sales volume, limited truck deliveries, little or no outdoor storage, typical retail hours of operation, and an obvious retail storefront with a public entrance that is in scale with the overall building and oriented to the right-of-way. Maximum lot coverage means the maximum percentage of the surface of the subject property that may be covered with materials which will not allow for the percolation of water into the underlying soils. See FWCC 22-955 et seq. for further details. Mean sea level means the level ofPuget Sound at zero tide as established by the U.S. Army Corps of Engineers. Medium density zones mean the following zones: RS 15.0, RS 35.0 and comparable zones in other jurisdictions. Microcell means a wireless communication facility consisting of an antenna that is either: (1) Four feet in height and with an area of not more than 580 square inches; or (2) If a tubular antenna, no more than four inches in diameter and no more than six feet high. Minor facility means a wireless communication facility consisting of up to three antennas, each of which is either: (1) Four feet in height and with an area of not more than 580 inches; or (2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length; and the associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area. Minor stream means any stream that does not meet the definition of "major stream." Moorage facility means a pier, dock, buoy or other structure providing docking or moorage space for waterborne pleasure craft. Multiuse complex means all of the following: a group of separate buildings operating under a common name or management; or a single building containing multiple uses where there are specific exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that request treatment as a multiuse complex. Native vegetation includes native. undisturbed areas or rehabilitation of previouslv disturbed areas that consist of trees. plants. forest litter. and understory indigenous to the Pacific Northwest or near natives that are suitable for the Pacific Northwest climate. Invasive species. such as Himalavan Blackberry or Scotch Broom are not native species. Natural features mean physical characteristics of the subject property that are not manmade. Natural materials mean materials chemically unaltered from their natural state. Noise means the intensity, duration and character of sound from any and all sources. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 17 of65 Nonconformance means any use, structure, lot, condition, activity or any other feature or element of private or public property or the use or utilization of private or public property that does not conform to any ofthe provisions ofthis chapter or that was not approved by the city of Federal Way through the appropriate decision-making process required under this chapter. Nonliving groundcover means gravel, chipped bark or similar nonpolluting material through which water can freely percolate to the soil beneath. Normal maintenance includes interior and exterior repairs and incidental alterations. Normal maintenance and repair may include, but is not limited to, painting, roof repair and replacement, plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization. Incidental alterations may include construction of nonbearing walls or partitions. Nuisance vegetation shall mean any tree or vegetation that, in the opinion of the city or an expert approved bv the city (such as, but not limited to a professional forester, certified arborist, or landscape architect), is an invasive variety, is an allergen, or due to its location is causing or is likely to cause damage to a permanent structure, or other economic or environmental harm or harm to human, animal, or plant health that cannot be mitigated without removal ofthe tree or vegetation. Nursing home. See "Convalescent center." Occupant means a person that legally occupies a structure or property. Odor means stimulus affecting the olfactory nerves. Office use means a place of employment providing services other than production, distribution, sale or repair of goods or commodities. The following is a nonexclusive list of office uses: medical, dental or other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or other similar services. The following uses are specifically excluded from the definition of office: banks, savings and loan companies and similar financial institutions. Office zones mean the PO, OP and CP-l zoning districts. Official notification boards of the city means the bulletin boards in the public areas of City Hall and other public locations as designated by city council. On-site hazardous waste treatment and storage facilities means facilities which treat and store hazardous wastes generated on the same lot or geographically contiguous or bordering property. Travel between two properties divided by a public right-of-way, and owned, operated or controlled by the same person, shall be considered on-site travel if: (1) The travel crosses the right-of-way at a perpendicular intersection; or (2) The right-of-way is controlled by the property owner and is inaccessible to the public (see WAC 173-303-040(39)). Open record hearing means a hearing that creates the city's record of decision for an application or appeal through testimony and submission of evidence and information, under procedures prescribed by the city's hearing examiner or the city council. An open record hearing may be held prior to the city's decision on an application, or as part of an appeal. Open space means land not covered by buildings, roadways, parking areas or other surfaces through which water cannot percolate into the underlying soils. Open space, private, means common open space, the use of which is normally limited to the occupants of a single dwelling or building or property. Open space, public, means open space owned by a public agency and maintained by it for the use and enjoyment of the general public. Ordinary high water mark means, on lakes, streams and tidal waters, that mark that will be found by examining the bed, banks or shore and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character distinct from that of the abutting uplands; provided, that any tidal area where the ordinary high water Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 18 of65 mark cannot be found based on the previous text of this definition, the ordinary high water mark shall be the line of mean high tide. Outdoor means not contained within a building. Outdoor storage means any material or item (including vehicles), being stored for or awaiting sale, lease, processing or repair and not enclosed within a building. Owner means, in reference to real property, the person or persons holding fee title to the property as well as the purchaser or purchasers under any real estate contract involving the real property. Panhandle lot means flag lot. Parking area means any area designed and/or used for parking vehicles. Parking space means an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use. Person means any individual, partnership, association, corporation, unit of government or any other legal entity. Personal wireless service facility (PWSF) means a wireless communication facility, including a microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve the necessary elevation, and reception and transmission devices and antennas. Personal wireless services means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. Preapplication conference means a meeting, between an applicant and members of the development review committee, which is held prior to formal application, during which the project is discussed relative to city and other pertinent codes and/or regulations. Primary dwelling unit means the main structure located on the subject property which is distinguishable from any accessory dwelling unit because it is greater in total square footage. Primary vehicular access means the street, vehicular access easement, or private tract from which the majority of vehicles enter the subject property. Principal use means the primary or predominant use of any lot or parcel. Private club means an association of persons organized for some common purpose, but not including groups organized primarily to sell merchandise or render a service which is customarily carried on as a business. Property line means those lines enclosing the subject property and those lines defining a recorded vehicular access easement or tract. The following are categories of property lines: (1) The front property line is any property line that is adjacent to a primary vehicular access. If the subject property is adjacent to more than one primary vehicular access, the applicant shall designate which of the adjacent property lines is the front property line and the remainder of such adjacent property lines will be considered as either a rear property line or side property line, based on the definition in this section, except the property line adjacent to an arterial or primary collector shall not be designated as a primary vehicular access. (2) For flag lots, the yard setbacks shall be applied per the following graphic: Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 19 of65 ,.. ~ . - - - - - - - - - - - - - - - - - - -- Lot 2 Flag Lot Setbacks Driveway rorlot2J Access Easement for lot 1 ~'l'_O: I\l'$'. F. ,. lot 2 Lot 2 (:-) F."::' 20' "~ .I'."" .r -------------------, Lot 1 Lot 1 Dnveway lIl~t..a.n_a_rtetil!l_ _ _. for Lot 2 or principal collector Driveway for Lot 2 and Access Easement for Lot 1 Arterial or ..prlncipafcoiieCtor ... Lot 3 ;.. {::..::..).~ F"1-' 20'.~ 1- - - - - - -.;. -5-"5'- - - - - - - -' ...J.!I:'.. .. Driveway for Lot 3 and Access Easement for Lot 2 Lot 2 ~ Lot 1 ~ Not an arterial orpriiiCipalcolfeclor F = Front Yard S = Side Yard R = Rear Yard (3) The rear property line is any property line that is farthest from, and essentially parallel to, the front property line. (4) The side property line is any property line other than a front property line or a rear property line. Public park means a natural or landscaped area, provided by a unit of government, to meet the active or passive recreational needs of people. Public utility means the facilities of a private business organization such as a public service corporation, or a governmental agency performing some public service and subject to special governmental regulations, the services which are paid for directly by the recipients thereof. Such services shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and transportation for persons and freight. The term also includes broadcast towers, antennas and related facilities operated on a commercial basis. Public works director means the director of the department of public works of the city. Qualified groundwater scientist means a hydrogeologist or engineer who meets the following criteria: . (I) Has received a baccalaureate or post-graduate degree in earth science or engineering; and (2) Has suffIcient education and experience in geology and hydrogeology as may be demonstrated by state registration, professional certifIcations, or licensing that enable that individual to make sound professional judgments regarding groundwater and groundwater vulnerability. Regulated lakes means Wetlands Nos. 8-21-4-26, 7-21-4-71, 11-21-3-9, 14-21-3-2, 14-21-3-5, 13-21- 3-12,9-21-4-38, 17-21-4-55,20-21-4-57, and 20-21-4-61 as shown in the June 19, 1999, city of Federal Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 20 of 65 Way final wetland inventory report, except vegetated areas meeting the definition of "regulated wetland" located around the margins of regulated lakes shall be considered regulated wetlands. Regulated wetlands. See the definition of "regulated wetlands" under the definition of "wetlands." Relative means persons connected through blood, marriage or other legal relationships by not more than four degrees or affinity or consanguinity and including persons under legal guardianship. Required yard means the area adjacent to and interior from a property line or the ordinary high water mark (OHWM) of a lot, and is the minimum required distance between a structure and a specifIc line, such as a property line, edge of private tract, or vehicular access easement that is required to remain free of structures. If two or more required yards are coincidental, the area will be considered the required yard with the greater dimension. Yards are also known as setbacks. Except for flag lots, required setbacks are categorized as follows: (1) Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance therefrom equal to the required front yard depth. (2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance therefrom equal to the required rear yard depth. (3) Ordinary high water line yard. That portion of a lot adjacent to and parallel with the OHWM and at a distance landward therefrom established in this chapter. (4) Side. That portion of a lot adjacent to and parallel with each side property line and at a distance therefrom equal to the required side yard depth. All required yards not otherwise categorized shall be designated side yards. Residential use means developments and occupancy in which persons sleep and prepare food, other than developments used for transient occupancy. Residential zone means the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM 3.6, RM 2.4, RM 1.8 and comparable zones in other jurisdictions. Restaurant or tavern means commercial use (excluding fast food restaurants) which sells prepared food or beverages and generally for consumption on the premises. Retail establishment means a commercial enterprise which provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. Retail sales, bulk, means a retail establishment engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods. Bulk retail involves a high volume of sales of related and/or unrelated products in a warehouse setting and may include membership warehouse clubs, Le., "big box" retail. Bulk retail is differentiated from general retail by any of the following characteristics: (1) Items for sale include large, categorized products, e.g., lumber, appliances, household furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may also include a variety of carry out goods, e.g., groceries, household, and personal care products; (2) A large inventory of goods and merchandise is stored on the subject site in high-ceiling warehouse areas, high-rack displays, and/or outdoor storage areas; and (3) High volume truck traffic, regular pick up and delivery of large items, a designated contractor pick-up area, and high parking-to-building ratios. Retail sales, general and specialty is differentiated from bulk retail by the size of the building, size of items purchased and sales volume. General and specialty retail includes the sale of smaller items such as groceries, drug store sundries, specialty hardware, paint supplies, and sports equipment, etc. Typically not a discount or volume warehouse store. Typical user is the general public. Retail sales, secondhand merchandise means an individual or establishment that sells secondhand merchandise, such as pawn shops; used book and record stores; used clothing, furniture, and appliances; thrift stores; consignment stores; and flea markets. This definition does not include the sale of antiques or collectibles as defined in this article. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 21 of65 Retail shopping center, regional means a series of unified commercial establishments that provide retail, entertainment, or professional services on a site comprised of at least 50 acres, with direct access to a state or federal highway, with shared parking facilities, with a combined gross floor area of at least 500,000 square feet, and with all or some of the stores configured with an inward orientation and connected with common interior walkway(s). Right-of-way means land dedicated or conveyed to the public or a unit of government, the primary purpose of which is the movement of vehicles and/or pedestrians and providing for access to adjacent parcels, with the secondary purpose of providing space for utility lines and appurtenances and other devices and facilities benefiting the public. Right-of- way realignment means the changing of the horizontal position of the improvements in a right-of-way. Roofline means the line formed by the outside of the gable of the roof, or if the roof is flat or mansard, the top of the roof or mansard. RunojJmeans the overland or subsurface flow of water. Schools means institutions of learning, excluding those offering post-secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the State of Washington to be taught in public, private and parochial schools, including those disciplines considered vocational, business-related, or trade in nature. Self-service storage facilities means a structure or group of structures for the storage of personal property where individual stalls or lockers are rented out to different tenants for storage. Shared access points means a common point of vehicle access from a street to more than one lot or use. Significant natural vegetation means any area containing a concentration of signifieant trees; any area of significant biological importance; and any area containing dense, mature, native vegetation. Signijic-tlnt trees. A "significant tree" shall be defined as: (1) Twelve inehes in diameter or 37 inehes ia circumference measured faur and one half feet above ground; and (2) In good health; and (3) Not detrimental to the community (e.g., is not diseased, dying, or likely offalhng into public open spaee or right of '....ay, etc. as determiaed by a lioensed arborist or f-orester) or obseuring safe sight distan:ee requirements. Significant trees shall not include red alder, cottomvood, poplar or big leaf maple. Silt or sediment means the soil particles mobilized and deposited by the processes of erosion and deposition. Single housekeeping unit means an individual or two or more individuals related by not more than four degrees of affinity or consanguinity and including persons under legal guardianship, or a group of not more than three persons who are not related by four or fewer degrees of affinity or consanguinity; provided, however, that any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). Single-use building means a building which contains one use. Small animals means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats and similar small wild animals. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 22 of 65 Social service transitional housing means facilities other than offIces and group homes as defIned in this chapter, operated by a nonprofit social service agency, licensed as required by the state, providing temporary and transitional housing to individuals on an as-needed basis including, but not limited to, emergency shelters, homeless shelters, and other such crisis intervention facilities. This classification includes domestic violence shelters as defined herein, except that such shelters wherein the total number of residents does not exceed the maximum number allowed under the "family" definition may be permitted outright in all residential zones. (1) Type A: Maximum number of residents to be consistent with the maximum number of unrelated adults allowed under the zoning definition of family. (2) Type B: All social service transitional housing not meeting the definition of "Type A," above. Maximum number to be determined on a case-by-case basis. The limitation on the number of residents in social service transitional housing shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). Special needs housing means housing not specifIcally defined by this chapter, and which will be processed under the classification most closely related to the proposed use, as determined by the director of community development services. Specified anatomical areas shall mean the following: (1) Less than completely and opaquely covered human genitals, anus, pubic region, buttock or female breast below a point immediately above the top of the areola; or (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities shall mean any of the following: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or (3) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether or not clothed, of oneself or of one person by another; or (4) Excretory functions as part of or in connection with any of the activities set forth in this definition. State Environmental Policy Act means Chapter 43.21 C RCW. Storm drainage means the movement of water, due to precipitation, either surficially or subsurficially. Story means the area of a structure between the floor and the horizontal supporting members of the ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area between that floor and the ceiling directly above is not a story. Stream means a course or route, formed by nature, including those which have been modified by humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and normally flow in draining from higher to lower elevations. A stream need not contain water year-round. In a developing setting, streams may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition is not meant to include irrigation ditches, stormwater facilities or other artifIcial watercourses unless they are used by resident or anadromous salmonid fish, or the feature was constructed to convey natural streams which existed prior to construction of the watercourse. Street means both of the following: (1) A public right-of-way. (2) A vehicular access easement or tract. Street providing direct vehicle access means the street from which a vehicle can enter the subject property without traversing another street or piece of property. In the case of a multiuse complex, the street providing direct vehicular access is the exterior street that borders the complex and not an internal street surrounded by the complex. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 23 of 65 Structural alteration means any change in the supporting member of a building or structure. Structure means anything which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. Structured parking means parking provided on more than one level and within a structure, either above- or below-grade. Structured parking shall not include a surface parking lot. Subject property means the entire lot or parcel, or series oflots or parcels, on which a development, activity or use is or will locate or on which any activity or condition regulated by or subject to this chapter is or will occur or take place. Support structure means any built structure, including any guy wires and anchors, to which an antenna and other necessary associated hardware is mounted. Support structures may include the following: (1) Lattice tower. A support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section. (2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors. (3) Monopole. A support structure which consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad. (4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with certain conditions. Temporary personal wireless service facility means a personal wireless service facility which is to be placed in use for a limited period oftime, is not deployed in a permanent manner, and does not have a permanent foundation. Tenant improvement means any work, improvement or remodeling completely within the interior of a building necessary to meet the varied requirements of continuing or succeeding tenants. Threshold determination means the decision by the responsible official (the community development services director) whether or not an environmental impact statement (EIS) is required for projects that are not categorically exempt under the State Environmental Policy Act (SEP A). Topping means a pruning cut to the main stem of a mature tree. Such cuts can result in serious decay and/or forcing out growth of weakly attached upright sprouts below the cut. Topping; also results in permanent alteration of tree architecture. For purposes of this chapter. topping shall be treated the same as tree removal. Topsoil means the uppermost strata of soil containing a large percentage of organic materials and which is capable of providing suitable nourishment for vegetation. Townhouse means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. See definition of "dwelling unit, townhouse." Trade school means a post-secondary institution that trains persons for qualification in specific trades or occupations, i.e., mechanics; construction trades such as carpentry, HV AC, and wiring; electronics repair and service including computers; plumbing; chefs and culinary training; upholstery; bartending. Traffic control devices means signs, signals, stripes and other mechanical or graphic items which control the flow, direction or speed of vehicular and pedestrian traffic. Tree means any self-supporting ?erennial woody plant characterized by one main stem or trunk of at least six inches in diameter measured four and one-half feet above ground. or a multi-stemmed trunk system with a definite crown. maturing at a height of a least 20 feet above ground level. Trees-Deciduous means trees that shed or lose their foliage at the end of the growing season. Trees-Evergreen means trees that retain their leaves for more than one growing season. Tree unit is a measurement to give value to the number of trees retained on a site. Table 22-XX18.2 assigns tree unit credits based upon the size of the existing or newly planted trees. For new trees. tree Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 24 of 65 units vary depending on the size that the trees will reach at maturity (smaller size at maturity. fewer tree unit credits). Use means the nature of the activities taking place on private property or within structures thereon. Each separate listing under the "Use" column in FWCC 22-596 through 22-906 is a separate use. Vehicle service station means a commercial use supplying petroleum products that are for immediate use in a vehicle. Vehicle storage area means an outside area which is used for the storage and/or display of operational vehicles. Vehicular access easement or tract means privately owned land used and legally committed, through easements, plat restrictions or similar mechanisms, to providing access for vehicles and pedestrians to properties other than the property within the tract or easement. It may also provide space for utility lines and appurtenances and other devices and facilities benefiting nearby properties or the public. See definition of "ingress/egress and utilities easement." Waterward means toward the body of water. Well means a hole or shaft sunk into the earth to tap an underground supply of water. Wellfield means an area containing two or more wells with overlapping zones of contribution that supply a public water system. Wellhead means the top of the shaft of a well or similar water extraction facility from which potable water is extracted. Wellhead capture zone means an area in which groundwater is calculated to travel to a pumping well. Capture zones are usually defined according to the time that it takes for water within a particular zone to travel to a well. Calculated capture zones usually only approximate actual capture zones as a result of assumptions required to conduct the calculation. Wellhead protection area (WHP A) means the surface and subsurface area surrounding a well or wellfield that supplies a public water system through which contaminants are likely to pass and eventually reach the water well(s) as designated under the Federal Clean Water Act. Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration suffIcient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of Ecology publication No. 96-94) as set forth in WAC 173-22-080, as it exists as of November I, 1999, or as subsequently amended, will be used for identification and delineation of wetlands within the city. Although a site-specific wetland may not meet the criteria described above, it will be considered a regulated wetland if it is functionally related to another wetland that meets the criteria. Regulated wetlands means: (1) Those wetlands, as described below, which fall into one or more of the following categories: a. Category I wetlands meet one of the following criteria: 1. Contain the presence of species or documented habitat recognized by state or federal agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or 2. Contain the presence of plant associations of infrequent occurrence, irreplaceable ecological functions, or exceptional local signifIcance including but not limited to estuarine systems, peat bogs and fens, mature forested wetlands, groundwater exchange areas, significant habitat or unique educational sites; or 3. Have three or more wetland classes, one of which is open water. b. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the characteristics of Category I wetlands, and meet one of the following criteria: 1. Are contiguous with water bodies or tributaries to water bodies which under normal circumstances contain or support a fish population, including streams where flow is intermittent; or 2. Are greater than one acre in size in its entirety; or Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 25 of 65 3. Are less than or equal to one acre in size in its entirety and have two or more wetland classes, with neither class dominated by non-native invasive species. c. Category III wetlands are greater than 2,500 square feet in area and do not exhibit those characteristics of Category I or II wetlands. (2) See definition of "regulated lakes." Wholesale trade means a commercial establishment which sells to retail establishments. Zero lot line means the location of a building in such a manner that one or more of the building's sides rest directly on a lot line. Zones mean use zones as described in FWCC 22-596 through 22-906. Zoning map means the series of maps adopted by the city, and designated the official zoning map of the city, showing the geographical location of use zones within the municipal boundaries. (Ord. No. 90-43, ~ 2(3.10), 2-27-90; Ord. No. 90-51, ~~ 1,2,3-27-90; Ord. No. 91-87, ~~ 2 -4,2-5-91; Ord. No. 91-92, ~ 4, 4-16-91; Ord. No. 91-100, ~ 4, 6-4-91; Ord. No. 91-105, ~ 3, 8-20-91; Ord. No. 91-113, ~ 3,12-3-91; Ord. No. 94-223 ~ 3(A), 10-18-94; Ord. No. 95-245, ~ 3(A), 11-21-95; Ord. No. 96-269, ~ 3, 6-18-96; Ord. No. 96-270, ~ 3(A), 7-2-96; Ord. No. 97-295, S 3, 5-20-97; Ord. No. 97-291, S 3,4-1-97; Ord. No. 97-296, S 3, 6-17-97; Ord. No. 97-300, S 3, 9-16-97; Ord. No. 97-307, S 3,12-16-97; Ord. No. 99-337, S 2, 3-2-99; Ord. No. 99-347, ~ 3, 8-3-99; Ord. No. 99- 348, S 2, 9-7-99; Ord. No. 99-353, S 3,11-16-99; Ord. No. 99-357, S 3,12-7-99; Ord. No. 00-363, S 2, 1-4-00; Ord. No. 01-385, S 3, 4-3-01; Ord. No. 02-424, S 3, 9-17-02; Ord. No. 03-443, ~ 3, 5-20-03; Ord. No. 04-457, ~ 3,2-3- 04; Ord. No. 04-468, ~ 3, 11-16-04; Ord. No. 05-506, S 3, 10-18-05; Ord. No. 06-515, ~ 3, 2-7-06; Ord. No. 06-533, S 5(Exh. A), 9-19-06; Ord. No. 07-545, S 3(Exh. A), 1-2-07; Ord. No. 07-554, S 5(Exh. A(3)), 5-15-07; Ord. No. 07-559, S 3(Exh. A), 7-3-07) 22-33 Development application submittal requirements. (a) Generally. All projects which require a determination to be made as to whether a complete application has been submitted must at the minimum provide the information contained within this section. The submittal requirements are not intended to determine if an application conforms to city of Federal Way codes. They are used only to determine if all required materials have been submitted. A code-related review will occur after a complete application has been submitted. (b) Contents. The following comprise the contents of a complete application for the purposes of this section: (1) Master land use application. (2) Application fees as set out in the adopted fee ordinance. (3) Copy of underlying plat or King County assessor's parcel map. (4) Statement of architectural design intent, finish materials, and colors sufficient to meet the intent of Article XIX, Community Design Guidelines. (5) Vicinity map. (6) Current letters of water and sewer availability (only required for vacant property). (7) Two copies of current title report for subject property. (8) Eight complete and bound sets of drawings. Minimum drawing set shall include a topographic survey, site plan, preliminary drainage and grading plan pursuant to FWCC 22-XXX4. preliminary tree/ vegetation retention plan pursuant to FWCC 22-XXX4; preliminary landscape plan, and building elevations. All submitted plans should be folded to 8-1/2 by 11. Maximum plan sheet size shall be 24-by- 36 inch. Further reductions may be requested for public hearing purposes. A list containing detailed requirements for the contents of each of these plans is available at the department of cominunity development services. a. All plans must be drawn at an engineering scale with the entire site plan to fIt on one sheet and allow all information to be readable. All plans except building elevation drawings must be at the same scale. b. Design drawings for building permits, including civil drawings, must be at an engineering scale of one inch represents 20 feet. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 26 of 65 c. If the development proposal has a value of $75,000 or greater, the site survey, site plan, preliminary drainage, grading, right;-of-way plans, and building elevation plans shall be prepared by a certified professional licensed in the state of Washington. The survey shall be prepared by a certified land surveyor; and the site plan, drainage, grading, right-of-way plans, and building elevations by a certified architect or engineer. Regardless of the value of the development, landscape plans must be prepared by a Washington State licensed landscape architect. (9) Site photographs from each compass point (north, east, south, and west) must be referenced on the site plan. (10) Eight copies of the completed, signed, and dated SEPA checklist. (II) List of addresses of all property owners within 300 feet of the boundary of the proposed project (please refer to the city's bulletin titled "Procedures for Obtaining Mailing Labels"). (12) Stamped envelopes addressed to all property owners within 300 feet of the boundary of the proposed project, with return address of the City of Federal Way, Department of Community Development Services, 33530Pirst Way South, Pederal Way, ,}1.^~ 98003 (please refer to specific process, whether process III, IV, or V for the number of sets of envelopes to be provided). (13) Four copies of each special study that may be required (please contact the department of community development services to determine which studies are required for a specific project). Below are special studies that may be necessary with the site plan application. If special studies are required, please provide four copies. a. Level one downstream storm drainage analysis as described in the 1990 King County Surface Water Design Manual (KCSWDM) as amended by Federal Way. b. Detailed narrative on the relevance of the core and special requirements of the 1990 KCSWDM. c. Traffic impact analysis. d. Parking study. e. Soil study. f. Geotechnical study. g. Wetland delineation and/or wetland mitigation plan. h. Stream delineation. i. Significant tree inventory and retention plan. (14) Any additional information or material that the director of community development services determines is reasonably necessary for a decision on the matter. (Ord. No. 97-291, S 3,4-1-97) Article XIII, Supplementary District Regulations 22 9{)2 Planting requirements far eertain trees. (a) The followiFlg types of trees ma-y not be plantee eloser tflafl the listed miFliml:lffi planting eistanee to rights of way or sewers: - +rees MiRim1:lm Planting Distance fB Ailatlms altisiHia (Tree efHeayen) ~ ~ Gatalpa W ~ Cotlofl:\yeed 4()! (4j Jl:lglam1:ls nigra (Black 'Nahmt) ~ ~ Platalffis (Plane, Sycamore) 4()! ~ Populus (Poplars) 4()! P1 Salix ('Hillo'oVs) W Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 27 of 65 IMmHoum p:g Di~el ~:::;:ea (Basswe.d) (9) YlIlli:lG (Elm) (b) In addition to any other enforcement meohanism or penalty contained within or authori:i3ed by this ohapter, any person violating this provision is responsible for any damage caused by the tree or trees. (Ord. No. 90 <13, ~ 2(115.1 <10),2 27 90) Division 7. Land Modifieations 22 1091 CeReral pro';isioRs. (a) General. The applicant shall oomply with this section with respect to all land surface modifioations. The requirements of Chapter 22 FVlCC, "^J1:iole XN, Critieal Areas, shall govern for fill ooourring in critical aquifer recharge areas and wellhead protection areas. (b) Natoce of fill materials. All materials used as fill must be nondissolving and nondeeomposmg. Fill materials must not contain organic or inorganio material that would be detrimental to water quality or existing habitat or create afty other significant ad'lerse impacts to the environment. (Ord. No. 90 <13, ~ 2(115.75(1), (2)), 22790; Ord. No. 90 77, ~ 3(115.75(1), (2)), 12 11 90; Ord. No. 0<1 <le8, ~ 3, II Ie 0<1) 22 1092 BORds. The city may require the follO',ving bonds for any land surface modifieation approved by or ooder this dhision: (I) 1\ perf-ormance bond to guarantee that the land stH"faee modificatiEln will cElnform to city standards and requirements. (2) /\. maintenance bond for the stability of the v:ork and the preservation of vegetation. (Ord. Ne. 90 <13, ~ 2(115.75(5)),22790; Ord. No. 90 77, ~ 3(115.75(5)),12 11 90; Ord. Ne. 0<1 <168, ~ 3, II Ie 0<1) 22 1093 Permitted outright. "^1 land surface modifioation is permitted only if it: (1) Has been approved as part of a 'falid development permit (exeept gTading permits issued under chapter 70 of the city's building (;lode), s\:lbdivision, or s\:lbstantial development permit; (2) Is for oemetery gra','es; (3) Is in a right of way and authori:i3ed in ',vriting by the direetor of the departmeRt of pub lie works; ( 1) Is for mining, quarrying, exoavating, proeessing, stookpiling Elf rock, saRd, gra'/el, aggregate or clay 'Nhere a permit has been issued by the state department of natural resoocces; (5) Is for exploratory exca'fations under the direotion of a professional oo.gineer lieeesed in the state; pro';ided, that the extent of the land socface modification does not exeeed the minim1::lm necessary to obtain the desired inf-ormation; (6) Is for normal maintenanoe aRd repair of the faoilities of a oommon oarrier by rail iR interstate commeroe within its existiRg right of '.Yay; (7) Is for exoa'lations for utility servioe conneetions to serve existing aRd/or new structures and is outside any area that is within the jurisdiotion ofF'."VCC 22 1221 et seq.; (8) Is for actions whieh must be undertaken immediately, or within a time t00 short to allow for oomplianoe with the permit requirements ofF'NCC 22 1094, to ayoid aR imminent threat to p\4lic health or safety; to preyent an imminent danger to pooli(;l or pri';ate pfeperty; Of tEl preyent an imminoo.t threat of serious enyironmental degradation. This determination will be made by the directer of eOmH'looity deyelopment; (9) Is for the removal of oyerhanging vegetation and fIfe hazards Elf for remElval ofblaekberry vines or dead, dangerous or diseased trees ',';hen authorized by the building offioial; Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 28 of 65 (10) Is for placement of fill on land owned or oontrolled by the city; (11) Is an integral part of an ongoing agricultural or horticulmral use on the subject property; (12) Is oonducted on property '.vhioh contains a detached dwelling unit and ':lhich, beeause of the size of the property or the looation of the d'.velling unit, cannot be further subdivided or diyided; or (13) Complies with all of the following criteria: a. The subject property contains a permanent building or aR active use. b. The land stH"face modification will not change the points v:here the stormwater or ground'. vater enters or exits the subjeot property; and will not change the quality, quantity, or 'lelocity ef stormwater or groundwater. c. The land stH"face modification is outside any !Hea that is within the jtH"isdietion of FWCC 22 1221 et seq. d. In anyone ye!H period, not more than 100 cubie Y!Hds of fill material is deposited on, excavated and remo'led from or moved from plaoe to plaee on the subject preperty. If the subject pr0flerty is l!Hger than one aore, the limit is 100 oubic yards within each acre. e. No trees defined as significant trees 'Nill be remo'led and no vegetation ,.....ill be removed if that vegetation Vias required to be retained by or through any development permit issued unaer this chapter or any prior zoning code. f. If the subj ect property is two acres or l!Hger and has 20 percent or more of its !Hea ce'lered with natiye yegetation, the land surface modifIcation will not remove more tnaR 20 pereent of that nati':e ':egetation. The limitations of this subsection apply to all land stH"face modification on the subjeet property O'ler time. g. The land stH"face modifIcation will not res1:l1t in more than a two f-oet increase or one feot decrease in the average elevation of the subject property, computed 1:lsing the elevation of the FRidpoiHt of each property line. (Ord. No. 90 43, ~ 2 (115.75(3)),22790; OrG. No. 90 77, ~ 3 (115.75(3)), 12 11 90; Ord. No. 04 46&, ~ 3, II 1601) 22 1094 DiseretioBary approval. (a) Generally. LA. land sl:lrface modification that does not meet the requirements ofF'NCC 22 1093 may be approved through process III. (b) Required information. In addition to the application material required in proeess III, FWCC 22 386 et seq., the applicant llRlst submit the follo,.....ing: (1) /,). recent stH"yey of the subject property. (2) LA. map showing the limits of the proposed laRd stH"face modification; the locatien of utilities, easements, right of way improvements and any !Hea regulated under FWCC 22 1221 et seq. that is on or within 100 feet of any !Hea to be disturbed by the proposed land surface modifieation. (3) /\. tree retention plan. (1) L^ill erosion eontrol/construction phase stormwater eontrol plan. (5) A soils report which eon-tains sufficient inf-ormatiefl to determine the potefltial impaets of the proposed land surface modification, as ',yell as proposed meaS1:lfes to red1:lce or e1iFRinate these impaets, all as determined by the city. (e) Decisional criteria. The city may appre'le the propesed land surface modifieation if it eomplies '.'lith the following criteria: (1) Except as allowed under this chapter, it will not alter er adversely affeet streams, lak-es, YletlaRds or significant trees, either on or off the s1:lbject preperty. (2) It will not yiolate any express poliey of the eity. (3) It meets at least one of the following eriteria: R. It is necessary to correet an erosion or drainage preb1em on an oodeveloped site. b. It is neeessary to create ne'N l:ltility or aecess eorridors. c. Other unusual CirCl:lIDstances exist which make it reasonable to permit land surfaee modifioation in ad'lance of the issuanee of a de'/elopment permit, soodivision or short subdi'/-ision Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 29 of 65 approval or shoreline substantial de'/elopment permit. (Ord. No. 90 43, S 2(115.75(4)), 227 90; Ord. No. 90 77, S 3(115.75(4)), 12 11 90; Ord. No. 00375, S 23,2000; Ord. No. 01 168, S 3, II 16(1) 22 1095 Tree and plant restoration. If, during the land surface modification, any tree required to be retained or planted is damaged or destroyed, the applicant shall plant a tree of the same species at least five inches in diameter, as measured six inches about the top of the root ball if deciduous and at least 17 feet high if conif-erous, in the immediate vicinity of the damaged or destroyed tree. The city may require the applicant to remove the damaged or destroyed tree. In addition, if the land slH"face modification destroys gI"OlHldcover or shrubbery, the applicant shall hydroseed the bare soil and plant shrubs at least 21 inches in height in the immediate '/icinity of the damaged or destroyed vegetation. (Ord. No. 9013, S 2(115.75(5)),22790; Ord. No. 9077, S 3(115.75(5)), 12 11 90; Ord. No. 01 468, S 3, 11 1601) Division 9, Yard Requirements 22-1133 Structures and improvements. No improvement or structure may be in a required yard except as follows: (1) A driveway and/or parking area subject to the standards of FWCC 22-1135. (2) Any improvement or structure, other than a driveway and/or parking area, that is not more than four inches above finished grade may be anywhere in a required setback yard. (3) An improvement or structure that is not more than 18 inches above finished grade may extend not more than five feet into a required yard. (4) Chimneys, bay windows, greenhouse windows, eaves, awnings and similar elements of a structure that customarily extend beyond the exterior walls of a structure may extend up to 18 inches into any required yard. The total horizontal dimension of the elements that extend into a required yard, excluding eaves, may not exceed 25 percent of the length of the facade ofthe structure from which the elements extend. (5) Fences and railings not over six feet in height may be located in required yards subject to the fence regulations contained within this article. (6) Rockeries and retaining walls may be located in required yards if: a. The rockery or retaining wall is not being used as a direct structural support for a major improvement; aad b. The rockery or retaining wall is reasonably necessary to provide support to a cut, fill or slope~; and c. The rockery or retaining wall also meets the requirements of FWCC 22-XX17 et seq. (7) Signs may be located in required yards subject to provisions of FWCC 22-1596 et seq. (8) Covered walkways, no more than eight feet wide and 10 feet above finished grade and open along the sides, are permitted in required yards in commercial, industrial-commercial, and office zones. (9) In low and medium density residential zones, the applicant may, through process III, request approval to locate a storage shed in a required yard, except a required front yard. The city may approve the application if: a. The proposed structure is no more than eight feet high above finished grade; b. The maximum length of the facade of the proposed structure parallel to each property line, from which the required yard is not provided, shall not exceed 10 feet; c. The proposed structure contains no more than 120 square feet in total area; d. No reasonable alternative location exists on the subject property due to special circumstances regarding the size, shape, topography or location of the subject property or the location for legally constructed pre-existing improvements ofthe subject property; and Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 30 of 65 e. Permitting the intrusion onto the required yard will not create a material, negative impact on the character of nearby residential uses. (Ord. No. 90-43, ~ 2(115.115(3)), 2-27-90; Ord. No. 00-375, ~ 24, 2000; Ord. No. 07-559, ~ 3(Exh. A), 7-3-07) New Zoning Code Article XXX~ Clearing~ Grading~ and Tree and Vegetation Retention Division 1. Purpose. Applicability. and Application Requirements 22-XXXl Purpose. The purpose ofthis Article is: (1) To promote the public health, safety, and welfare of the citizens of Federal Way without preventing the reasonable development ofland. (2) To promote building and site planning practices that are consistent with natural topography, soils, and vegetative features, and minimize disturbance to vegetation and soils. (3) To preserve and enhance the city of Federal Way's physical and aesthetic character by preventing untimely and indiscriminate removal or destruction of trees and vegetation and preserving important landscape characteristics that define aesthetic character, such as trees, important vegetation species, and unique landforms or other natural features to the maximum extent possible. (4) To establish and maintain the urban tree canopy and its benefits including: i. Moderating the effects of wind and temperature: ii. Minimizing the impacts of impervious surfaces: iii. Stabilizing and enriching the soil: iv. Improving air quality: v. Improving water quality: vi. Masking unwanted sound: vii. Providing visual relief and screening buffers: viii. Providing recreational benefits: ix. Enhancing the economic value of developments: and x. Preserving and enhancing a valuable asset to the community as a whole. (5) To establish procedures and review criteria for approval of Class IV-General forest practices. (6) To encourage site development, including clearing, excavation, and filling, in such a manner as to minimize hazards to life, health, and property. (7) To minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies. (8) To minimize the need for additional storm drainage facilities. (9) To protect fish, wildlife, and their habitats by promoting the retention and restoration of vegetation in habitat areas. (10) To insure prompt development, restoration, replanting, and effective erosion control of property after land clearing and grading. 22-XXX2 Applicabilitv. (a) Clearing and Grading Plan ATmroval Required. No person, shall remove any trees, make changes or cause changes to be made in the surface of any land by clearing. grading, filling, or drainage alteration in the city of Federal Wav without fIrst obtaining approval of a clearing and grading plan by the director: except for those activities that are exempt as described in FWCC 22-XXX3. (b) Tree and VegetaJion Retention Plan Approval Required. No person shall remove any trees on a site without first obtaining approval of a tree retention plan by the director: except for those activities that Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 31 of65 are exempt as described in FWCC 22-XXX3. Tree and vegetation removal may also require Class IV- General Forest Practices application approval as administered by the city of Federal Way per FWCC 22- )(x23 et seq. (c) Application Review Process (l) Activities requiring clearing and grading plan approval; tree and vegetation retention plan approval; and/or Class IV -General forest practices application shall be reviewed and approved in conjunction with the underlying building or land development permit application associated with the proposed activity(ies). (2) Proposed clearing, grading, and/or tree and vegetation removal activities that are not associated with a proposed building or land development activity, nor exempt per FWCC 22-XXX3, may be approved through Process III, subject to the following criteria: (i) Except as allowed under this chapter, it will not alter or adversely affect streams, lakes, wetlands, or geologically hazardous areas, either on or off the subject property. (ii) It will not violate any express policy of the city. (iii) It meets at least one of the following criteria: a. It is necessary to correct an erosion or drainage problem on an undeveloped site. b. It is necessary to create new utility or access corridors. c. Other unusual circumstances exist which make it reasonable to permit clearing, grading, and/or tree and vegetation removal in advance of the issuance of a development permit, subdivision, or short subdivision approval, or shoreline substantial development permit. 22-XXX3 Exemptions. Nothing in this section shall be interpreted to allow clearing, grading, and/or the removal of trees or other vegetation within sensitive areas or sensitive area buffers where prohibited under FWCC Chapter 22, Article XIV, Critical Areas, or in designated native growth protection areas. The following actions shall be exempt from the provisions of this article: (l) Digging and filling for cemetery graves. (2) Clearing and grading in a right-or-way authorized in writing by the director of the department of public works for pothole and square cut patching; overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage; shoulder grading; reshaping/regrading drainage systems; crack sealing; resurfacing with in-kind material without expanding the road prism; and vegetation maintenance. (3) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay where a permit has been issued by the state department of natural resources. (4) Exploratory excavations under the direction of a professional engineer licensed in the state; provided that the extent of the clearing and grading does not exceed the minimum necessary to obtain the desired information. (5) Normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way. (6) Excavations for utility service connections to serve existing and/or new structures and that is outside any area that is within the jurisdiction of FWCC 22-1221 et seq. (7) Actions which must be undertaken immediately, or within a time too short to allow for compliance with the requirements ofthis article, to avoid an imminent threat to public health or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of serious environmental degradation. This determination will be made by the director. (8) Clearing and grading actions that are an integral part of an ongoing agricultural or horticultural use on the subject property. (9) Tree and vegetation removal actions conducted on a residential lot that contains a detached dwelling unit together with any contiguous lots under the same ownership that are being maintained for the use and eniovment of the homeowner that comply with the following criteria: Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 32 of 65 a. Any trees or vegetation removed must be outside any area that is within the iurisdiction ofFWCC 22-1221 et seq. b. No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. c. Tree and vegetation removal will not change the points where the stormwater or groundwater enters or exits the subject property and will not change the quality, or velocity of stormwater or groundwater. d. Trees with a diameter at breast height (dbh) of up to six inches and vegetation may be removed without city review and approval if criteria a-c contained in this section are met. e. Trees with a dbh of six inches or greater may be removed subiect to the minimum tree units per acre standard established by Table 22-XXI8.1 and subiect to criteria a-c of this section. f. Removal of trees with a dbh of six inches or greater that will result in the subiect property falling below the minimum tree units per acre standard per Table 22-XXI8.1 shall require planting of replacement trees as necessary to meet the minimum tree units per acre standard, or the existing tree units per acre represented by the trees proposed for removal. whichever is less. (10) Clearing and grading actions that comply with all of the following criteria: a. The subiect property contains a permanent building or an active use. b. The clearing or grading activity will not change the points where the stormwater or groundwater enters or exits the subiect property, and will not change the Quality, quantity, or velocity of stormwater or groundwater. c. The clearing; or grading activity is outside any area that is within the jurisdiction ofFWCC 22-1221 et seq. d. Grading, filling, and excavation totals less than 100 cubic yards. Ouantities of excavation and fIll are calculated separately and then added together to determine total excavation and fill. e. No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. (II) Routine maintenance of trees and vegetation necessary to maintain the health of cultivated plants. Topping of trees as defined in FWCC 22-1 is considered tree removal. not maintenance. (12) Removal of overhanging vegetation and fire hazards, or removal of invasive species, hazard trees, nuisance vegetation, or dead, dangerous, or diseased trees when authorized by the director or hislher designee. (13) Removal of trees in easements and rights-of-way for the purposes of constructing public streets and utilities. Protection of trees shall be a maior factor in the location, design. construction, and maintenance of streets and utilities. These activities are subiect to the purpose and intent of this division. (14) Removal of trees on sites zoned City Center-Core (CC-C) and City Center Frame (CC-F). 22-XXX4 Application requirements. (a) In addition to the requirements of FWCC 22-33, a clearing and grading plan shall be submitted and include the following information: ( I ) Name of person preparing the map, drawing or diagram submitted with the application, along with credentials if applicable. (2) Identification of existing slope depicting: areas with 0% to 15% slope: areas with 15% to 40% slope: and areas of 40% or greater slope. (3) Proposed grades. (4) Location of all existing and/or proposed structures, driveways, right-of-way improvements, utilities, and easements on the subiect property. (5) Designation of all wetlands, streams, and other critical areas regulated under FWCC 22-1221 et seq. that is on or within 200 feet of any area to be disturbed by the proposed clearing and/or grading action. (6) Areas proposed for clearing and the proposed use for such areas. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 33 of65 (7) Any proposed grade changes that might adversely affect or endanger trees on the property and/or adiacent properties, and specifications to maintain them. (8) A minimum of two cross sections of the site, drawn to scale, depicting the existing and proposed grade and any proposed rockeries and/or retaining walls. The director may also require a three- dimensional topographic model of existing and proposed topographic conditions. (9) Location and description of proposed erosion-control devices and structures. (10) A geotechnical report, prepared by a geotechnical engineer, when required by the director and/or per critical area ordinance provisions for qualified professional reports that contains sufficient information to determine the potential impacts of the proposed clearing and grading. as well as proposed measures to reduce or eliminate these impacts, as may be required by the city. (b) When a tree/vegetation retention plan in accordance with this article is required. it shall be incorporated into the clearing and grading drawings and shall become part of all construction documentation. The tree/vegetation plan must be prepared by a certified arborist or a certified landscape architect and include the following information: (1) A statement outlining the purpose of any proposed tree removal (e.g. building construction, street or roadway, driveway, recreation area, patio. or parking lot), together with a proposed timetable for when the work will occur. (2) A tree survey that identifies the location, approximate size, species, and number of trees on the site and also identifies the general location of trees within 50 feet of the site. For heavily forested sites, the director may allow a tree survey sample to be submitted that may be applied to the forested portions of a site in order to satisfy the tree survey requirement. (3) A depiction of the spatial limits for tree/vegetation retention areas and details of tree/ vegetation protection measures. (4) A depiction of any new vegetated areas to be established. (5) The manner in which the cleared areas on the property will be reclaimed with vegetation, specification of any required mitigation plantings, and a timetable for replanting. 22-XXX5 Modifications. (a) Purpose. The purpose of this section is to provide a process for requesting modification from the general standards specifIed in this article. The director shall have the authority, consistent with the criteria provided herein, to modify specific requirements, or impose additional requirements in unique or special circumstances to assure the fulfillment of the stated purposes of this article. The applicant must demonstrate one or more of the following in order to obtain approval of a modification request: (1 ) There are no feasible and reasonable alternatives to the clearing, grading or tree/vegetation removal activity being vroposed; (2) The proposed modification will result in the same or less impacts than meeting the standards; (3) The proposed modification will meet or exceed the intent of this article. (3) Meeting the standards would create an unacceptable risk to health or safety. (b) Modification submittal requirements. A request for modification shall: (1) Be submitted in the same form and according to the same terms as the required clearing and grading and/or tree and vegetation retention plan documents of this article and subiect to the same enforcement requirements; (2) Be clearly labeled as "Clearing and Grading, and/or Tree and Vegetation Retention Modification Plan"; and (3) Clearly delineate and identify the deviations requested from the provisions of this article. 22-XXX6 Review and approval of clearine. eradine. and tree/veeetation retention plans. (a) Review of plans required under this article shall be conducted as follows: Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 34 of 65 (1) Where clearing and grading plans and/or tree and vegetation retention plans are required. the plans and/or application shall be reviewed by the departments of public works and community development services. (2) Where the city determines that clearing and grading plans and/or tree and vegetation retention plans shall also be reviewed by the city's consultant(s). the applicant shall cover the cost ofthe third party reVIew. (3) Where project sites contain or are adjacent to electrical substations. utility rights-of-way and/or easements. the applicant must also obtain written comment from the appropriate utility representative(s) for any required clearing. grading. or tree/vegetation retention plans. (b) Approval and Notice to Proceed shall be required prior to undertaking any clearing. grading. and/or tree and vegetation removal actions pursuant to the requirements of this section. Approval and Notice to Proceed shall not be issued until the applicant can demonstrate readiness to proceed with the site development work and the ability to complete such work in a timely manner. The following will be considered in determining readiness: (I) The applicant shall have received engineering plan approval for erosion control and construction of required on-site infrastructure including. roadways and stormwater facilities as allowed by the public works director. and; (2) The applicant shall have received approval of a proposed project timeline that demonstrates how site development work and revegetation of the site shall be completed per approved revegetation and landscaping plans within 12 months of commencement of site work. (3) Projects that will not be completed within 12 months of initial clearing. grading. and tree/ vegetation removal activity shall be required to submit plans for interim aesthetic treatment of the site in its cleared and non-developed state that shall be subject to review under section (a) of this section. Methods for addressing site aesthetics in cases where a project will not be completed within a 12 month period shall include: (i). Phased clearing. grading. and tree/vegetation removal in conjunction with phased site development as follows: a. Phased clearing. grading. and tree/vegetation removal shall be considered for all projects that will not be completed within 12 months of. and up to 5 years from. commencement of clearing. grading and tree/vegetation removal activity. b. Phased clearing. grading and tree/vegetation removal shall be required for all projects that will not be completed within fIve years of commencement of clearing. grading and tree/ vegetation removal activity. (iii). Installation of permanent vegetation per approved plans in cases where vegetation can become established and will not be harmed during completion of site work and building construction. (iv) Temporary revegetation and/or vegetation retention per an approved plan that provides visual screening of the site from neighboring properties and rights-of way. (c) Approval of plans under this article shall be binding upon the applicant. Any proposed changes to approved clearing. grading. and/or tree and vegetation retention plans shall be resubmitted for review and approval subject to the applicable review process(es) associated with the permit(s) required. Division 2. Clearim~ and Gradine Reeulations 22-XXX8 General provisions. (a) General. The applicant shall comply with this section with respect to all clearing and grading actions. The requirements of FWCC Chapter 22. Article XIV. Critical Areas. shall govern for proposed clearing and grading actions occurring in all critical areas. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 35 of 65 (b) Nature of fill materials. All materials used as structural fill must be nondissolving and nondecomposing. Fill materials must not contain organic or inorganic material that would be detrimental to water quality or existing habitat or create any other significant adverse impacts to the environment. 22-XXX9 Clearine: and e:radine: and land disturbance limits. (a) Clearing and grading activities for developments shall be permitted in coniunction with an approved site development plan (e.g. subdivision approval, site plan approval, etc.) that establishes permitted areas of clearing, grading, cutting, and filling. Permitted clearing and grading areas should minimize removal of existing trees and minimize the disturbance or compaction of native soils, except as needed for building purposes. Permitted clearing and grading areas and any other areas required to preserve critical or sensitive areas, buffers, native growth protection easements, or required tree retention areas shall be delineated on the site plans. (b) Prior to beginning clearing and grading activities, all clearing limits, sensitive areas and their buffers, and trees and vegetation that are to be preserved within and adiacent to the construction area shall be clearly marked, and protected per FWCC 22-XX2L to prevent damage. 22-XXI0 Aesthetics. (I) All natural vegetation shall be retained on the site except that which may be removed as shown on approved engineering plans. (2) Clearing and grading shall minimize impacts to adiacent properties. and clearing, grading, and vegetation retention plans shall include protection measures for existing vegetation located on adiacent properties. (3) If development is to be phased, clearing and grading shall also be phased unless an alternative plan for interim aesthetic treatment of the development site has been approved under FWCC 22- XX6(b)(3). (4) Roads should follow existing contours in order to minimize grading. (5) Development on sites with areas of slopes of 15% or greater shall comply with FWCC 22- XX 16, Development of sites with slopes of 15% or greater, in order to minimize grading and use of rockeries and retaining walls. Slopes are to be measured in their natural state. 22-XX15 Cut and fill slopes. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with the requirements of this section. The applicant shall: (a)Limit the maximum gradient of artificial slopes to no steeper than 33% or 3:1 rthree (3) feet of horizontal run to one (1) foot of vertical falll except that: (i) slopes for roadways may be constructed at a maximum slope of 2: 1 [two (2) feet of horizontal run to one (1) foot of vertical falll upon approval of the director and (ii) slopes that do not exceed 6 feet in length may be constructed at a maximum slope of 2:1 rtwo (2) feet of horizontal run to one (1) foot of vertical fall]. (b) Cut and fill slopes shall be designed and constructed in a manner consistent with the applicable requirements of the King County Surface Water Design Manual as amended by the City of Federal Way and FWCC Chapter 21. Surface and Stormwater Management. 22-XX16 Clearine: and e:radine: standards for sites with slopes of 15% or e:reater. (a) The provisions of this section shall apply to development in areas with slopes of 15% or greater and with a vertical relief of 6 or more feet and a vertical rise of 6 feet or more for every 40 feet of horizontal distance. The provisions of this section are intended to specifically promote the following: (1 ) Undertake development in a manner that will protect life and property from hazards due to slope, unstable and erodible soils, earth movement, and other geologic and hydrologic hazards: Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 36 of 65 (2) Reduce potential for increased erosion, sedimentation, and surface runoff, and the resulting adverse impacts on water quality; (3) Promote a safe means of ingress and egress for vehicular and pedestrian traffic in sloped areas; (4) Preserve the visual quality of sloped areas, which are a valuable natural and economic resource; and (5) Encourage innovative and imaginative site development techniques to create structures and site plans that are suited to sloped terrain. For example, tuck-under garages and daylight basements are encouraged to integrate homes into existing topography and minimize grading (see Figure 22-XX). (b) Sites containing or within 25 feet of slopes of 40% or greater (steep slope hazard area) and/or sites with erosion, landslide, and/or seismic hazard areas are also subiect to the requirements of Article XIV, Critical Areas. (c) These standards do not apply to isolated slope areas that are less than 5,000 square feet in land area. For purposes ofthis provision, the entire contiguous area with slopes measuring 15% or greater shall be included in the minimum size calculation regardless of the number of individual lots or different land ownerships involved. (d) Residential land divisions on sites with slopes of 15% or greater are encouraged to implement the following standards in order to minimize clearing and grading necessary to support development on individual lots. (I) Lot size averaging may be utilized for residential land divisions on sites that contain areas with slopes in excess of 15% as well as areas with slopes less than 15% as follows: (i) More steeply sloped portions of a site shall have larger lots resulting in a reduced percentage oOot disturbed for construction. In no case shall any lot created with a slope of 15% or greater be less than the minimum lot size of the underlying zoning district. (ii) Reduced lot sizes may be allowed within the portions of the site that are less than 15% slope. Minimum lot size may be reduced to by up to 50% of minimum lot size requirement of the underlying zoning designation, but in no case less than 5,000 square feet for each single family residential building lot, and no less than 1800 square feet for each small lot single family or zero lot line townhouse lot. (iii) The maximum allowable density of the underlying zoning district shall not be exceeded for the overall development for which lot size averaging is being applied. (2) As an alternative to, lot size averaging, cluster development may be employed. pursuant to FWCC 20-154, in order to limit disturbance of sloped areas of a site. Cluster development should be employed where this option will result in successful retention of mature tree canopy and native vegetation. (e) Grading plans for residential land divisions shall show that each parcel created by the land division is a suitable building site and show the following on the plan drawings: (i) Setbacks; (ii) Driveways; (iii) Proposed building envelope; and (iv) Usable rear yard area a minimum of 10 feet deep. (f) Front yard setbacks for single family residential development on lots with a slope of 15% or greater may be applied in a flexible manner where such application will protect slopes and natural features from development encroachments. However, a minimum front yard setback of 10 feet must be maintained in all cases, and a minimum 20 foot setback shall apply to garages, unless the garage and driveway are oriented in such a way as to provide minimum 20 feet length of parking area in front of the garage within the property boundaries. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 37 of65 22-XX17 Rockeries and retainin2 walls. (a) When incorporating rockeries and retaining walls into site design, the applicant shall work with the site tor>ography in order to minimize the need for rockeries and retaining walls. When rockeries and/or retaining walls are utilized, the following standards shall apply: (1) For single-family residential lots, rockeries and retaining walls shall be: (i) A maximum of four feet in height as measured from finished grade at base of wall to top of wall. (ii) Composed of brick. rockery, textured or patterned concrete, or other masonry product that comr>lements the proposed building and site development. Other materials may be used with the approval of the community development services and r>ublic works directors. (iii) There shall be a minimum setback of one foot for every foot in rockery or retaining wall height between the rear of a residential building and any rockery or retaining wall, provided that a useable space equal to the rear yard setback must always be maintained. (2) For detention/retention ponds, rockeries and retaining walls shall be a maximum of six feet in height as measured from finished grade at base of wall to top of wall around the detention/retention pond. (3) For commercial and multifamily lots, rockeries and retaining walls shall be: (i) A maximum of six feet in height as measured from finished grade at base of wall to top of wall. (ii) There shall be a minimum three-foot landscaped setback at the base of each rockery or retaining wall. (4) The width of the terrace between any two vertical rockeries and/orretaining walls shall be a minimum of five horizontal feet to allow for landscaping and maintenance. (5) Terraces created between rockeries and/or retaining walls shall be permanently landscaped and revegetated with Type III landscaping as specified in FWCC 22-1565(c). (6) Rockeries and retaining walls shall be set back a minimum of three feet from adjacent public rights-of-way. The area between the right-of-way and the retaining wall shall be landscaped and maintained per applicable standards in FWCC Article XVII, Landscaping. If private agreements are reached with utility companies and written documentation is provided to the city, and a minimum three- foot wide planting buffer can be established and maintained to screen the wall from view, retaining walls can be located to the back of the right-of-way as determined by the community development services and public works directors. (7) Rockeries and retaining walls visible from a public right-of-way or adjacent property shall be composed of rock. brick, or other textured/patterned wall styles as approved by the planning and public works director. Rockeries and retaining walls shall be landscaped in accordance with the applicable standards in FWCC Article XVII, Landscaping. Division 3. Tree and Ve2etation Retention ReQuirements 22-XX18 Tree and ve2etation retention standards. (a) Retention required. Existing trees and vegetation in good health. and not considered to be invasive species. shall be retained on the subject property to the maximum extent possible in all developments as follows: (1) Site and building development shall take into consideration the location of existing stands of healthy trees both on site and on adjacent properties. Where safe and feasible. the meandering of streets and/or sidewalks around existing stands of trees is encouraged. (2) Minimum Tree Density - New Uses on Vacant or Redeveloping Parcels. The tree density requirements will be met primarily through the conservation of existing trees. However. in order to provide for continued flexibility in the design of new development. in those situations where a development's design would preclude the retention of the required number of trees. the use of Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 38 of65 replacement or supplemental tree planting is authorized. The minimum tree density for each land use designation is specified in Table 22-XXI8.1. (3) Sites with Insufficient Tree Cover. It is recognized that some sites may not contain a sufficient number of existing trees to meet the tree density standards set forth in Table 22-XX18-1. In those situations, additional trees are to be planted as necessary to achieve the minimum tree density requirements of this section. Modification ofthe requirements of this subsection ((a)(3)) may be obtained under 22-XXX5. (b) Tree density requirements. All regulated activity shall ensure that the following tree densities shall be achieved and maintained during and after development: Minimum Tree Density Requirements for Vacant or Redeveloping: Sites (Table 22-XX18.1) Land Use Desig:nation Required Tree Unit Density12 Be. BN. CE, OP, PO 20 tree units/acre SF Residential zones 25 tree units/acre RM 1800. RM 2400, RM 3600 30 tree units/acre (c) Calculation of the total tree units required. The total number of tree units required to be provided by a regulated activity shall be calculated by multiplying gross site acreage, minus any proposed public or private streets and regulated critical areas (excluding buffers) determined by Federal Way to be undesirable for tree planting (e.g., certain wildlife habitat and wetlands), by the required tree density (in tree units per acre) set forth in Table 22-XX18.1. The result of the calculation will be the total number of tree units required for the activity. If the calculation results in a fractional quantity, it shall be rounded up to the next higher whole number. (d) Tree unit credits. The number of tree unit credits given for retaining existing trees, or the planting of new trees, varies in order to encourage the retention of large existing trees and the planting of replacement trees that provide greater canopy areas at maturity. Tree unit credits for the retention of existing trees and the planting of new trees shall be awarded as follows: Tree Unit Credits (Table 22-XX18.2) Existinf! Tree Category Tree Unit Credit Existing Tree 1" to 6" d.b.h. 1.0 tree units per tree retained Existing Tree >6" to 12" d.b.h. 1.5 tree units per tree retained Existing Tree >12" to 18" d.b.h. 2.0 tree units per tree retained Existing Tree> 18" to 24" d.b.h. 2.5 tree units per tree retained Existing Tree> 24" d.b.h. 3.0 tree units "er tree retained Replacement Tree Categorv Replacement Tree, Small Canopv Species (Mature canopy area < 450 SF) .50 tree units per tree planted Replacement Tree, Medium Canopy Species (Mature canopy area 450 to 1.250 SF) 1.0 tree units per tree planted Replacement Tree, Large Canopy Species (Mature canopy area> 1.250 SF) 1.5 tree units per tree planted I Trees that are damaged. diseased. are a hazard or nuisance or invasive species shall not be credited towards satisfying the tree units per acre requirement as noted in Table 22-XX 18.1. Provided. at the discretion ofthe City. damaged or diseased or standing dead trees may be retained and counted toward the tree requirement. if it is demonstrated that such trees will provide important wildlife habitat and are not classified as dangerous trees. 2 Trees located within critical area buffers shall be credited towards satisfying the tree units per acre requirement as noted in Table 22-XX 18.1. Critical area buffers shall comply with the requirements set forth in Chapter 20. Article XIV. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 39 of 65 (e) Tree retention requirements - expansion of existing uses. Expansion of existing commercial. industrial. and multi-family properties which do not conform to the tree density requirements of this Chapter shall be subiect to the following tree conservation requirements whenever such expansion would result in a greater than a 10% or 500 square foot increase in the size of the existing building footprint or associated impervious areas (parking lots, storage areas, etc.), whichever is less: (1) A minimum of one tree unit shall be provided for each 500 square feet of building expansion or new construction; and (2) A minimum of three tree units shall be provided for each tree unit removed, up to a maximum of 25 tree units per acre. (f) No clearing, grading, or other approvals for vegetation removal at a site shall be approved until such time as the city of Federal Way has approved any associated landscaping or tree retention plans. (g) Tree and vegetation retention areas shall be protected during construction through application of the standards contained in FWCC 22-XX2L Tree Protection During Construction. 22-XX19 Off-site mith!ation and fees paid in lieu. Where an applicant cannot provide for the minimum required tree units per acre on-site: off-site mitigation or a fee-in-lieu payment into the city's urban forestry account may be approved by the director. ( a) Where off-site mitigation is utilized, the remaining balance of required tree units must be planted at an off-site location approved by the director. Where the site is city-owned property, the public works and/or parks department must also approve the tree planting. Acceptable off-site locations, in order of priority, are as follows: (1) Publicly owned land in the city of Federal Way including but not limited to: environmentally sensitive areas; regional stormwater facilities: or wildlife corridors. Similar lands owned by nonprofIt entities that are reserved in open space also qualify. (2) Publicly owned parks or recreational facilities within the city of Federal Way. (3) Other mitigation or restoration sites managed by other public entities or private conservation groups. (4) Public school sites within the city of Federal Way. (5) Other sites proposed by the applicant, when it is documented that higher priority sites are not available or viable. (b) Where a tree replacement fee is utilized, a tree replacement fee paid into the city's urban forestry account may be approved by the director. The fee shall be established based on the number of tree units being satisfIed as follows: (1) Each tree unit shall represent one replacement tree. The fee for each replacement tree shall cover the cost of a tree, installation (labor and equipment), maintenance for two years, and fund administration. (2) A separate urban forestry account shall be established by the city for fees collected. Tree replacement fee receipts shall be earmarked specifically for this account and shall be expended only for the planting of new trees in city-owned parks, open spaces, or rights-of-way. 22.XX20 Replacement tree species and minimum size requirements. (a) Where tree replacement is required in order to achieve minimum tree units per acre, the replacement trees shall consist of a mix of evergreen and deciduous trees, suitable to specific site conditions. (b) Replacement tree species shall be selected from a list of approved tree species maintained by the department of community development services. All species listed are suited to the climate conditions found in the Pacific Northwest. The list is for guidance only and is not intended to be all-inclusive. Other tree species may be utilized where appropriate when recommended by a professional forester, certified arborist, or licensed landscape architect. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 40 of 65 (c) Size of replacement trees. Replacement trees shall be evergreen trees a minimum of six feet in height and deciduous trees with a minimum two inches caliper. 22-XX21 Tree and ve2etation protection durin2 construction. (a) No clearing shall be allowed on a proposed development site until the tree retention and landscape plans have been approved by the city of Federal Way. (b) A no disturbance area shall be established for each tree to be protected. The no disturbance zone shall be equal to the critical root zone which is defined as 12 inches radius for every one inch of tree diameter measured at four and one-half feet above ground. Any other no disturbance area proposed by the applicant shall be determined by a qualified arborist and subiect to review and approval by the director. (c) The no disturbance zone shall be identified during the construction stage with: 1. A temporary five-foot chain-link fence; and 2. Tree protection signage attached to the fence which reads "TREE PROTECTION FENCE- No soil disturbance, parking, storage, dumping, or burning of materials is allowed within the Tree Protection Fence." (d) No soil disturbance, parking, storage, dumping, burning of materials, impervious surfaces, fill, excavation, or storage of construction materials shall be permitted within the no disturbance area; (e) If the grade level around the tree is to be raised by more than one foot. a rock well shall be constructed. The inside diameter of the rock well shall be equal to the diameter of the tree trunk plus 10 feet. Proper drainage, and irrigation if necessary, shall be provided in all rock wells. (f) The grade level shall not be lowered within the larger of the drip line of the tree( s) or the critical root zone ofthe tree(s). (g) No trenching is allowed in any critical tree root zone areas. (h) No installation of any impervious surfaces is allowed in critical root zones. Where road or sidewalk surfaces are needed within critical root zones, unmortared porous pavers or flagstone (rather than concrete or asphalt) may be used. Boardwalks or bridging may span root zones without harming the tree roots. (i) Tree protection areas (i.e. critical root zone) must be prepared to better withstand the stresses of the construction phase by, ifnecessarv, fertilizing, pruning, and mulching around them well in advance of beginning any construction activities. (i) Alternative protection methods may be used if accepted by the director to provide equal or greater tree protection. (k) Encroachment into the no disturbance area may be allowed where the director determines encroachment would not be detrimental to the health of the tree. 22-XX22 City forestry account. (a) Funding sources. All civil penalties received from enforcement actions under this division and all money received pursuant to FWCC 22-XX19 shall be used for the purposes set forth in this section. In addition, the following sources may be used for the purposes set forth in this section: (1) Sale of trees or wood from city property where the proceeds from such sale have not been dedicated to another purpose; (2) Donations and grants for the purposes of the fund; and (3) Other monies designated by the city council. (b) Funding purposes. The city shall use money received pursuant to this section for the following purposes: (1 ) Acquiring, maintaining, and preserving wooded areas within the city; (2) Planting and maintaining trees within the city; (3) Urban forestry education; or (4) Other purposes relating to trees as determined by the city council. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 41 of65 Division 4. Forest Practices Rel!ulations 22-XX23 Authoritv. This division is established to regulate Forest Practices - Class IV -General ",ursuant to RCW 76.09 and WAC 222-20. 22-XX24 Relationship to Chapter 76.09 RCW. a. The application of this chapter to forest practice activities regulated by the Washington State Forest Practices Act (Chapter 76.09 RCW) shall be limited to Class IV - General forest practices. b. This division is intended to allow the city of Federal Way to assume iurisdiction for approval of Class IV - General forest practices approvals, occurring in the city of Federal Way, as authorized under the Washington State Forest Practices Act, Chapter 76.09 RCW. The city will act as the State . Environmental Policy Act (SEP A) lead agency for all Class IV - General forest practice approvals occurring within the city limits. 22-XX26 Forest practice application requirements. (a) General Requirements. (I) A Class IV -General application shall be approved based on an approved clearing and grading plan and tree and vegetation retention plan and prior to conducting forest practices on the proiect site. (2) All Class IV -General applications shall describe the harvest method, including type of equipment to be used and the expected dates of commencement and completion of all harvest activities. (b) Review Criteria. (1 ) Class IV -General forest practices shall comply with all applicable regulations and standards as adopted by the city. (2) Class IV -General forest practices shall comply with the conditions of approval established through the associated development permit or approval. 22-XX27 Time limitations - Expiration of approvals. A Class IV -General approval shall be valid for two consecutive years following the date of issuance unless a longer time period has been established through an associated approval (e.g., preliminary plat approval. land use approval. building permit, etc.) in which case the time limits applicable to the associated approval shall apply. Division 5. Performance Assurance. Maintenance and Enforcement 22-XX31 Reve2etation. Development sites shall be revegetated and landscaped as soon as practical after completion of clearing and grading work, in accordance with a revegetation plan established by a tree retention and/or landscape plan, approved by the director or his/her designee. (a) A permanent revegetation plan, utilizing vegetation that is known to have a high natural survival rate, shall be implemented consistent with city of Federal Way landscaping and tree and vegetation retention and replacement requirements. (b) Where permanent revegetation measures are not in place within seven days in the dry season and two days in the wet season, the applicant shall provide temporary revegetation or stabilization measures in accordance with the recommendations of the latest edition of ecology's stormwater management manual for Western Washington, and maintain such measures in good condition until the permanent revegetation measures are installed and inspected by the city of Federal Way. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 42 of 65 (c) Where permanent revegetation measures are not in place within 12 months of completion of clearing and grading work the applicant shall be required to submit a plan for director approval that outlines interim measures for revegetation and aesthetic treatment of the site per FWCC 22-XXX6(b )(3). Failure to submit a plan for interim measures as required by FWCC 22-XXX6(b)(3) shall result in the application of compliance and enforcement measures per FWCC 22-XX36 of this article. (d) Where permanent revegetation measures are not in place within five years of completion of clearing and grading work, the applicant shall be required to revegetate the site to meet the minimum tree density requirements ofFWCC 22-XX18 Tree and vegetation retention requirements. Failure to revegetate the site per minimum tree density requirements of FWCC 22-XX18 shall result in the application of compliance and enforcement measures per FWCC 22-XX36 of this article. 22-XX32 Maintenance. (a) All required replacement trees and relocated trees shown on an approved tree retention plan shall be maintained in healthy condition by the property owner throughout the life of the proiect, unless otherwise approved by the director in a subsequent tree retention plan. (b) Cutting and pruning. (I) Protected trees shall not be topped. (2) Street trees shall be maintained in a healthy condition by the adiacent property owner and shall only be cut or pruned with the permission of the city of Federal Way public works department. (3) Pruning and maintenance of protected trees shall be consistent with best management practices in the field of arboriculture and further the long-term health of the tree. (4) Excessive pruning shall not be allowed unless necessary to protect life and property. 22-XX33 Performance assurance. The city may require the following bonds for any clearing and/or grading activity approved by or under this division: (a) A performance bond to guarantee that the clearing and/or grading will conform to city standards and requirements. (b) To mitigate damages should they occur as a result of unauthorized tree removal. the applicant shall submit a bond, letter of credit or other means of assurance acceptable to the director. The following provisions shall apply to such performance assurance: (1 ) Tree Protection Assurance. The applicant shall post a performance bond or other acceptable security device to ensure the installation, maintenance, and adequate performance of tree protection measures. The amount of this bond shall be no less than 120% of the city's estimated cost of replacing each protected tree. The estimated cost per tree shall be the tree base fee established by the city council. Prior to issuance of the certificate of occupancy, any protected tree found to be irreparably damaged, severely stressed. or dying shall be replaced according to the standards identified under FWCC 22-XX36, Compliance and enforcement. The bonding period shall be two years. The director may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. (2) Tree Maintenance Assurance. Where replacement trees are required pursuant to this section, the applicant shall post a replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 50% of the cost of plant material. periodic fertilizing and pruning, and labor for the time period of the maintenance bond. Where possible, the bond may be combined with the landscape maintenance bond required by FWCC Chapter 22, Article XVII. Landscaping. In the event a required replacement tree becomes irreparably damaged, severely stressed, or dies, during the maintenance period, the tree shall be replaced according to the standards in FWCC 22-XX18, Tree and vegetation retention standards and FWCC 22- XX-20, Replacement tree species and size. Replacement trees damaged due to natural disasters such as wind storms, hail. ice or snow storms, earthquakes, and the like shall be exempt from replacement. The Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 43 of 65 bonding period shall be two years. The director may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the replacement trees will survive. (3) Supplemental administrative costs. In addition to the bond and any consultation fees under FWCC 22-XX33(b 1(5), the applicant shall post a cash deposit with the city equal to the following percentages of the amount of the bond: Amount of Bond Amount of Cash Deposit Up to $20,000 $20,001 to $50,000 $50,001 to $100,000 $100,001 and up 5% of the bond (minimum $100.00) 4% ofthe bond 3% of the bond 2 Y2 % of the bond This cash deposit will be used to cover the city's actual expenses of administering and. if necessary, obtaining and using the proceeds of the bond. (4) The required tree protection assurance shall be submitted prior to issuance of a permit authorizing tree removal. The required tree maintenance assurance shall be submitted prior to issuance of final plat approval pursuant to FWCC 20-136, or certificate of occupancy, whichever is applicable. (5) The director may consult with a certified arborist, licensed landscape architect, or other similarly qualifIed professional in determining the amount of a bond under this article. The applicant shall pay the actual costs of this consultation. (6) The performance assurances shall not be fully released without final inspection and approval of completed work by the city, submittal of any post-construction evaluations, or following any prescribed trial maintenance period required in the permit. (7) With the consent of the City. assurance devices under this section may be assigned by the applicant to individual property owners when those parties obtain an ownership interest in the subiect property. The director may release all or part of an applicant's assurance when the applicant demonstrates that the applicant has secured to the City sufficient assurances to meet the requirements of this section from other parties. (8) Performance assurances provided in accordance with this section may be redeemed in whole or in part by the city of Federal Way upon determination by the director that the applicant has failed to fully comply with approved plans and/or conditions 22-XX34 Proiect inspections/city access. (a) All proiects with a clearing and grading and/or tree retention plan approval and associated permit are subiect to city inspections to ensure compliance with the conditions of approval and associated permit. As a condition of permit issuance, the applicant must grant right-of-entry for such inspections and city emergency corrective measures. (b) The public works director or his/her designee will specify the general stages of work when city inspection is required and may require inspection and testing by an approved testing agency. to be paid by the applicant. (c) The director shall specify inspection and testing requirements applicable to a given proiect prior to permit issuance; however. the public works director may require additional inspection. testing. or professional analysis and recommendations when conditions exist that were not covered in the permit application documents or were not sufficiently known at the time of permit issuance. 22-XX35 Stop work orders and corrective actions. (a) The director or his/her designee may notify the permittee, or person doing the work, to stop work and take any necessary corrective actions whenever the director determines that: Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 44 of 65 (1) During the life of the permit, the proiect is causing problems related to earth and water resources, such as sediment leaving the site or entering the drainage system; (2) The act or intended act of clearing, grading, or tree or vegetation removal has become or will constitute a hazard to life and limb, or endangers property; or it adversely affects the safety, use, or stability of a public way, drainage channel, street, or surface water; or (3) Clearing, grading or tree or vegetation removal is occurring without a required permit; or (4) The activity is otherwise violating this article or the conditions of approval issued under this article. (b) .The director or hislher designee shall remove the stop work order when the City has reached an agreement with the violator regarding rectification of the violation. Any stop work order issued under this article may be appealed using the procedures set forth in FWCC 1-19. 22-XX36 Compliance and enforcement (a) In addition to any other penalties or other enforcement actions, any person who fails to comply with the provisions of this article or the terms of an approved tree retention plan. or a related cease and desist or stop work order. shall also be subject to a civil penalty as set forth in Table 22.xX41.l. Each unlawfully removed or damaged tree shall constitute a separate violation'. (1) The amount of the penalty shall be assessed in accordance with Table 22.xX41.1. The director may elect not to seek penalties ifhe or she determines that the circumstances do not warrant imposition of civil penalties in addition to restoration. (For example, first time violators who unintentionally or unknowingly violated the requirements of this article and are cooperating with regard to restoration may not warrant imposition of civil penalties.) Tvpes of Violations Allowable Fines per Violation 1. Removal oftree(s) approved to be removed, but $100.00 per tree prior to fInal tree retention plan approval 2. Removal or damage oftree(s) that are or would $1 ,000.00 per tree, or UP to the marketable value be shown to be retained on an approved tree plan or of each tree removed or damaged as determined any other violation of approved tree retention plan by a certifIed arborist or timber cruiser. 3. Removal oftree(s) without applYing for or $1.000.00 per tree, or up to the marketable value obtaining required city approval of each tree removed or damaged as determined by a certifIed arborist or timber cruiser. Table 22JCX41.l - Penalties (b) Violators shall be responsible for restoring unlawfully damaged areas in conformance with a plan. approved by the director. which provides for repair of any environmental and property damage, and restoration of the site; and which results in a site condition that, to the greatest extent practical, equals the site condition that would have existed in the absence of the violation( s ). (c) The number of trees required to be planted shall be equal to the number of tree unit credits of illegally removed trees according to Table 22-XXI8.2. (d) The minimum size for a tree planted for restoration is l2-foot-tall evergreen and three-inch caliper deciduous tree. The city may approve smaller restoration tree sizes at a higher restoration ratio. provided the site has capacity for the additional trees and the results of restoration at a higher restoration ratio is as good or better than at the normal ratio. The smallest allowable alternatives to the normal restoration requirements shall be two eight-foot evergreen for one l2-foot evergreen or two two-inch caliper deciduous for one three-inch caliper deciduous tree. (e) Remedial measures must be completed within the time frame specified by the director. (f) The cost of any remedial measures necessary to correct violation( s) of this article shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures. the director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures. pursuant to the provisions of FWCC 22-XX33. Performance assurance. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 45 of 65 Article XVII, Landscaping3 Sections: 22-1561 Purpose. 22-1562 Applicability. 22-1563 Landscape plan approval. . 22-1563A Landscape, irrigation and tree plan submittal requirements. 22-1564 General landscaping requirements - All zones. 22-1565 Landscaping types. 22-1566 Landscaping requirements by zoning district. 22-1567 Parking lot landscaping. 22-1568 Planting requirements for certain trees. 22 1568 Signifieaflt trees. 22-1569 Performance and maintenance standards. 22-1570 ModifIcation options. 22-1571 - 22-1595 Reserved. 22-1561 Purpose. The purpose of this article is to: (1) Provide minimum standards for landscaping in order to maintain and protect property values and to enhance the general appearance of the city. (2) Encourage creative landscaping designs that utilize native vegetative species, drought-tolerant species, and retain natural vegetation, in order to reduce the impact of development on the water resources of the city. (3) Respond to state-level mandates for action in such areas as water conservation, energy conservation, enhancement of water quality, and improvement of air quality. (4) Reflect current city planning goals, urban design standards, and ecological awareness. (5) Provide an appropriate amount and quality oflandscaping related to all land use in the city. (6) Establish a minimum level of regulation that reflects the purposes of this chapter. (7) Provide for design flexibility. (8) Retain signifieant trees stands of trees and mature vegetation, a valuable natural resource of the community. (9) Recognize the unique qualities embodied in public facilities by providing for a reasonable degree of flexibility in structure while protecting adjacent uses. (10) Encourage low-impact techniques including the use of native or drought-tolerant plants. (Ord. No. 93-170,94,4-20-93; Ord. No. 01-390,93,6-5-01) 22-1562 Applicability. This article shall apply to all development applications in the city, with the exception of individual single-family residential lots which shall only comply with the applicable requirements ofFWCC 22- H68, XXXX SignifIoant Trees, for tree and vegetation preservation of sigaifioam trees. (Ord. No. 93-170, 9 4, 4-20-93) 22-1563 Landscape plan approval. (a) No permit shall be issued to erect, construct or undertake any development project without prior approval of a landscape plan by the department of community development. 3 Editor's note - Ord. No. 93-170, ~ 3, adopted April 20, 1993, repealed former Art. XVII, ~~ 22-1561 - 22-1577, relative to landscaping, and ~ 4(Exh. A) of said Ord. No. 93-170 enacted a new Art. XVII to read as herein set out. The provisions offormer Art. XVII derived from Ord. No. 90-43, ~ 2, adopted Feb. 27, 1990. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 46 of 65 (b) Required landscape plans for all projects that are subjeot to the site plan review prooess as set forth in .^..rtic1e 'l of this chapter shall be prepared by a Washington State licensed landscape architect. (Ord. No. 93-170, ~ 4,4-20-93) 22-1563A Landscape and irrh!ation plan submittal requirements. The applicant shall submit the appropriate number of landscape and irrigation plans for review, as determined by the department of community development services. The landscape and irrigation plan may be provided separately or incorporated into plans submitted for site plan review. Landscaping and irrigation may be shown on the same plan. No permit for use which is subiect to the requirements of this section shall be issued until the landscape and irrigation plan for such use has been approved by the department of community development services. (a) Landscape plans. 1. Persons qualified to prepare landscape plan. The landscape plan shall be prepared by a landscape architect licensed in the State of Washington, a nursery professional certifIed pursuant to the Washington CertifIed Nursery Professional program, or a Washington State certified landscape technician. 2. The landscape plan shall be prepared to an appropriate scale, not less than one-inch to equal 40 feet, necessary to depict the following: a. Name and address or location of proiect; b. Vicinity map; d. Scale, north arrow, and date of plan; e. All property lines, impervious surfaces (including the total, paved impervious surface), vehicular drives, parking lots, proposed structures (including the square footage of such structures), natural or manmade water features or bodies, above ground stormwater detention and treatment areas, proposed fences and retaining walls, critical lands and associated buffers, and designated recreational open space areas; f. All existing and proposed landscape areas showing existing trees and/or vegetation to be retained and vegetation to be removed and proposed plants to be installed. The area of all existing and proposed landscaping shall be calculated and shown on the plan; g. A plant schedule containing the botanical and common names of the new plant material, existing plant material proposed to be retained, typical spacing for that species, the planting size of the material, the quantity of each plant, and any special planting instructions; h. All topographic features of the area to be landscaped such as swales. A contour map detailing intervals at two feet shall be provided; and i. All existing and proposed drainage and watering facilities. (b). Irrigation plans. Where an irrigation plan is required to ensure that the planting will receive suffIcient water for survival and growth, the following shall apply. 1. Persons qualifIed to prepare plans. The irrigation plan shall be prepared by a Washington State registered landscape architect or irrigation designer certifIed by the Irrigation Association. 2. Where automatic irrigation is required, a subsurface irrigation or drip irrigation system shall be provided in accordance with all state and local rules. regulations, and ordinances, including approved backflow devices. The tap, service, and meter shall be coordinated with the city's public works director. The system shall completely cover all planting areas. 3. The spacing of sprinkler heads shall not exceed the spacing recommended by the manufacturer of the head. Where an area may be utilized by pedestrians, pop-up heads are preferred. The system shall be designed to achieve maximum water effIciency and overthrow onto public sidewalks or streets shall be kept to a minimum. (c). Review of landscape, irrigation, and tree plans. Where landscape, irrigation, or tree plans are required in concert with other site development permit applications, the plans shall be reviewed by the department of community development services or the city's consultant, as determined by the department of community development services. If the department of community development services designates Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 47 of65 the plans be reviewed by the city's consultant. the applicant shall cover the cost of the third party review as required in accordance with the city's fee ordinance. 22-1564 General landscaping requirements - All zones. (a) 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 chapter. (b) All outside storage areas shall be fully screened by Type I landscaping a minimum of five feet in width, as described in FWCC 22-1565(a), unless determined by the community development review committee (CDRC) that such screening is not necessary because stored materials are not visually obtrusive. (c) Slopes in areas that have been landscaped with lawn shall generally be a 3:1 ratio or less, width 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: I ratio, width length to height, may be used if acceptable to the public works director, upon review of a geo-technical/soils study submitted by an applicant to ensure soil slope integrity. o~'fU1!:..- ~ Piqure 1 - Sec. 22-1564(dl (d) 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. (e) Type III landscaping, defIned in FWCC 22-1565(c), 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. (f) With the exception oflawn areas, at least 25 percent of new landscaping rnaterials (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. (g) 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. (h) Evergreen trees shall be a minimum six feet in height (measured from tree top to the ground) at the time of planting. (i) 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: (1) Small shrubs - 12 inches. (2) Medium shrubs - 18 inches. (3) Large shrubs - 24 inches. (j) Groundcovers shall be planted and spaced, using a triangular planting arrangement, to result in total coverage of a landscaped area within three years. (k) Areas planted with grass/lawn shall: Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 48 of 65 (1) Constitute no more than 75 percent of landscaped areas, provided, there shall be an exception for biofiltration swales; and (2) Be a minimum of five feet wide at the smallest dimension. (1) Grass and required landscaping areas shall contain at least four inches of topsoil at fInish grade. (m) Existing clay or sandy soils shall be augmented with an organic supplement. (n) 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. (0) 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. (p) 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. (q) 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). (r) Landscaping proposed to be located within or adiacent to utility easements shall be reviewed by the respective utility agency(ies). (F~) Landscaping and fencing shall not violate the sight distance safety requirements at street intersections and points of ingress/egress for the development. (5J) All tree types shall be spaced appropriate for the compatibility of the planting area and the canopy and root characteristics ofthe tree. (t!!) All permanent lawn or sod areas shall have permanent irrigation systems. (\1 y) Screening of blank building walls. Building walls which are uninterrupted by window, door, or other architectural feature(s) listed in Article XIX, Community Design Guidelines, FWCC 22-1635(c)(2), 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. ("" w) Foundation landscaping is encouraged for all developments to reduce the scale, bulk and height of structures. (w~) All loading areas shall be fully screened from public right-of-way or non-industrial! manufacturing uses with Type I landscaping. C I .:.=1 STREET ~iqu~e 2 - Sec. ~l-1~~4(w) (* y) Use of products made from post consumer waste is encouraged whenever possible. (1' ~) Soil in parking lot landscaped areas must be noncompacted to a depth of 18 inches prior to planting of any shrubs, trees, or groundcovers. ElsIhl"k h~ .....UI! IIiIHII c::::J ~~ ~ rrr:::=:J !i c::J g I~ 1'I [J I Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 49 of 65 (~aa) Landscaping shall not be required along interior lot lines within a development where parking is being shared. (Ord. No. 93-170, 94,4-20-93; Ord. No. 07-559, 9 3(Exh. A), 7-3-07) 22-1568 Plantin2 requirements for certain trees. (a) The following types of trees may not be planted closer than the listed minimum planting distance to rights-of-way or sewers: Trees Minimum Planting Distance ill Ailathus altisinia (Tree of Heaven) 25' ill Catalpa 25' ill Cottonwood 40' ill Juglamus nigra (Black Walnut) 25' ill Platanus (Plane, Sycamore) 40' ill Populus (Poplars) 40' ill Salix (Willows) 25' ill Tilia americana (Basswood) 25' (2} Ulmus (Elm) 40' (b) In addition to any other enforcement mechanism or penalty contained within or authorized by this chapter, any person violating this provision is responsible for any damage caused by the tree or trees. (c) All street trees and other plantings shall be installed in conformance with standard landscaping practices and with appropriate city guidelines and regulations. 22 1568 SigBifieRBt trees. (a) Purpose. The purpose of this section is to: (1) Regulate the removal of trees from property Vii thin the city in order te preserve, proteet and enhance a valuable natlH"al reSOlH"ce; (2) Establish standards to limit the remo','al of and ensure the replaeement of trees sufficieflt to safeguard the ecological and aesthetic enyironment of a cOIl1fffilflity; (3) Discourage the unnecessary clearing lH'ld disturbance efland so as to preserve the natl:lfal and existing grO'.vth of '/egetation; and (1) Maintain a minimum number of significant trees. (8) Definition. "^~ significant tree shall be defined as: (I) Tv/elve inches in diameter or 37 inches in circumference measl:lfed fOl:H" and one half feet above ground; and (2) In good health; and (3) Not detrimental to the community (e.g., is not diseased, dyiflg, or likdy effalling iflte public open space or right of'lIay, etc.) or obscuring safe sight distance requirements. SignifIcant trees shall not include red alder, cottonwood, poplar or big leaf maple. Figure 10 - sec. ~~-lS68(b) Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 50 of 65 (0) Standards. (1) Retention required. Signifioant trees shall be retained on the subje0t property to the maximum extent possible in all developments as follows: a. If the approved development on the subject property y..ill require the remo';al of more than 75 perceftt of the significant trees on the subject property, significant trees shall be replaced in amount equal to 25 peroent of the signifioant trees .,'..bich existed on the subject property prior to oommenoing any de'..elopment activity. b. All significant trees located within any required perimeter landscaping area shall be . retained and/or replaced. c. Significant trees required to be retained vii thin on site seIwitive areas can be used toward satisfying the 25 percent on site significant tree retention regulations. d. .AJI signifioant trees located '.vithin required on site reoreation or open spaces shall be retained, provided they do not cooDict ',vith on site active recreation areas. e. The signifIoant tree retention requirements of this ohapter shall not apply to the oity oenter zoning distriot. f. There shall be no catting of significant trees \vithout authorization from the city f-or the purpose of preparing that site for future development. g. Up to one half of the 25 percent signifioant tree replacement requirement may be satisfied by planting larger trees in required landscape areas such as landscape islands, buffers, and perimeter landscaped areas. Such trees shall be a minimum 12 feet in height for evergreen and three and one half inch caliper for deciduous or broadleaf trees. Example: 100 on site significant trees requires 25 to be retained or replaoed. f..pplicant may plant 13 larger trees within required landsoape areas ,vhich meet size requirements mentioned above. h. .A.Tticle XIX of this chapter may apply additional, use specifio standards related to signifioant trees. (2) The applicant shall submit a tr-ee retention plan oonourrent with the first permit application for that de'lelopment. The tree retention plan shall consist of the f-ollovling: a. A tree surveyor cluster survey that identifies the 10eation, size, number and species of all significant trees on the site. b. f. developmeRt plan idCl'ltifying the signifioant trees that are proposed to be retained, remo';ed, transplanted, or replaced, induding a fiRal report on percentage retained. (3) Each retained significant tree not located within perimeter landscaping may Be credited as two trees for pl:H"poses of complying with the retention requirements of subseetion (e)( 1 )( a) of this seetion, provided the tree meets at least one of the follo.....ing eriteria: a. The tree is located in a grouping of at least five trees \vith canopies that toueh or overlap; eF b. The tree provides energy savings through winter v;ind proteetion or summer shadiRg as a result of its loeation relati';e to proposed buildiRgs; or c. The tree beloRgs to a \:lfliq1:16 or unusual SJgecies of native or non nati';e tree not usually found looally. (1) 'Nhere it is not feasible to retaiR required signifieant trees due to site eonstraints including, but not limited to, topography, ingress/egress requirements, existiRg and proposed atility loeations, trails, storm drainage improvements, a site $pecifie tree plan, drawn to seale, shall Be prepared. The tree plan shall ShO'll the preeise loeation of all significant trees on the site, in relatioR to the proposed Bl:lildiFlgs, streets, parking areas, required landseaped areas, surfaee ','later faeilities, and utilities. The direetor of community development shall review the plan in relation to the proposed de';elopment to ensure tree removal is the minimum amount neoessary to comply with the proposed development and meet the pl:H"poses of this chapter. (5) '}lhen required signifieant trees earmot be retained (see subseetion (e)( 1) ofthis seetioIl), signifieant trees that are removed shall Be replaoed with: Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 51 of 65 a. Transplanted or retained on site trees four inoh oaliper or larger, v:hioh meet the definition of signifioant tree in all manner exoept size, and lXpproved by the eommunity de'/elopment direotor, based upon the direetor's assessment of the location of the tree in relation to the proposed site development; or b. Nev: evergreen trees that are a mininmm 10 feet in height, or deoiduous trees that are a mininmm three ineh oaliper. The number of replaoement trees, combined 'uith the number of retained signifioant trees, shall equal 25 percent of the amount of on site signifIolXnt trees which existed prior to de'lelopment. (6) The follo-.ving management praotices shall be observed on sites oontaining signifieant trees, to provide the best proteotion for signifieant trees: a. No olearing shall be allowed on a proposed development site until the tree retention and landsoape plans ha'le been appro':ed by the eity of Federal ',Vay; b. A no disturbance area, whioh shall be defined to be to the drip line of the signifioant tree, shall be identified during the oonstruetion stage with either: 1. /'~ temporary fIve foot ohain link f-enoe; 2. /'~ line of five foot high, orange colored two by four inch stakes plaoed no more than ten feet apart COlUleeted by highly visible surve-yor's ribbon; c. No impervious surfaoes, fill, exoa':ation, or storage of oonstruetion materials shall be permitted \vithin the no disturbanoe area; d. If the grade level aroUfld the tree is to be raised by more than OHe foot, a rook well shall be construeted. The inside diameter of the rook well shall be equal to the diameter of the tree trunk plus 10 feet. Proper drainage, and irrigation ifneeessary, shall be provided in all rook wells; e. The grade level shall not be 10'lIerecl '.vithin the larger of the tvlO areas defined as fellows: 1. The drip line of the tree(s); or 2. /'...n area around the tree equal to one foot in diameter of eaeh ineh of tree trunk diameter measured four feet lXbo'/e the ground; f. .^Jternati'le proteetion methods may be used if aooepted by the direetor of oOfnl'l'H:lflity de'/elopment department to provide equal or greater tree proteetion; g. Encroaehment into the no disturbanoe area may be allO\ved where the direotor determines encroaohment '.vould not be detrimental to the health of the tree. COrd. No. 93 170, ~ 1,1 20 93; Ord. No. 07 559, ~ 3CExh. f~), 7 3 07) 22-1569 Performance and maintenance standards. (a) Performance. (I) All required landscaping shall be installed prior to the issuance of a certificate of occupancy (CO) or final inspection~, unless the applicant submits a performance assurance as noted in 22-1 569(a)(2). (2) Performance assurance. If the required landscaping pursuant to an approved site plan will not be installed prior to the issuance of certificate of occupancy, a performance bond or assignment of funds in a form acceptable to the city attorney must be provided to the city to not less than 125% of a contractor's bid. The bond or assignment of funds must be approved by the city and will commit to install the landscape plantings within six months. The bond must be submitted on forms supplied by the city. The bid bond amount must include labor and materials. (2) When landscaping is required pursuant to this chapter, an inspection shall be performed to verify that the installation has been installed pursuant to the standards of this chapter. (3) Upon completion of the landscaping work, the community development department shall inspect the landscape upon request for compliance with the approved landscape plan. (4) A CO or final inspection may be issued prior to completion of required landscaping provided the following criteria are met: a. An applicant or property owner files a written request with the department of community development prior to five days of a CO inspection; Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 52 of 65 b. The request contains an explanation as to why factors beyond the applicant's control, or which would create a significant hardship, prevent the installation of the required landscaping prior to issuance of the CO; c. The property owner has demonstrated a good faith effort to complete all required landscaping. (5) The time period extension for completion of the landscaping shall not exceed 90 days after issuance of a certificate of occupancy to install required landscaping. (6) Failure to complete landscape installation by an established 90-day extension date shall constitute a zoning violation. If a performance bond has been used, the city shall use the bond to complete the required landscaping. If the amount of the bond or cash deposit is less than the cost incurred by the city, the applicant/property owner shall be liable to the city for the difference. If the amount of the bond or assignment of funds exceeds the cost incurred by the city, the remainder shall be released. (b) Maintenance. The purpose of this section is to establish minimum maintenance standards for landscaping. (1) Plant maintenance. Maintenance of planted areas shall include continuous operations of removal of weeds before flowering; mowing; trimming; edging; cultivation; reseeding; plant replacement; appropriate fertilization; spraying; control of pests, insects, and rodents by nontoxic methods whenever possible; watering; or other operations necessary to assure normal plant growth. In particular, maintenance shall promote landscape performance criteria of this chapter. Plant materials that have died shall be replaced at the beginning of the next appropriate planting season and planting areas shall be kept reasonably free of noxious weeds and trash. (2) Irrigation maintenance. All portions of any irrigation system shall be continuously maintained in a condition such that the intent of an irrigation design is fulfilled. Uncontrolled emission of water from any pipe, valve, head, emitter, or other irrigation device shall be considered evidence of nonmaintenance. (3) Other maintenance. Maintenance of all landscaped areas shall also include operations as needed of painting, repairing, reconstruction, and rehabilitation of landscape structures such as walls, fences, overheads, trellises, and the removal of trash. (4) Failure to comply with landscape maintenance standards shall constitute a zoning violation under FWCC 22-11. (Ord. No. 93-170, S 4, 4-20-93) 22-1570 Modification options. (a) Purpose. The purpose of this section is to provide an opportunity for development of exceptional or unique landscape designs that do not meet the express terms of FWCC 22-1564 through 22-1567, and/or flexibility of landscape designs. The director of community development services shall have the authority, consistent with the criteria stated herein, to modify specific requirements or impose additional requirements in unique or special circumstances to assure the fulfillment of the stated purpose of this chapter and to allow for flexibility and creative design. Special circumstances or unique conditions shall be reviewed with the director of community development services concurrent to submittal the review of a landscape plan. Examples of special conditions might include: (1) Preservation of unique wildlife habitat; (2) Preservation of natural or native areas; (3) Compliance with special easements; (4) Renovation of existing landscaping; (5) Unique site uses. The alternative landscape modifIcations described in subsections (c) through (f) of this section shall be allowed only if the proposed modifIcation meets the threshold criteria of subsection (b) of this section, in addition to the special criteria of subsections (c) through (f) of this section. In the case of public parks, schools, and public recreational facilities, these uses must meet subsections (a)(l) through (a)(4) of this section only. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 53 of 65 (b) Modifications to the landscape standards may be granted by the director of community development if: (1) The proposed modification represents a superior result than that which could be achieved by strictly following the requirements of this chapter; and (2) The proposed modification complies with the stated purpose of this chapter and any applicable subsections of this chapter; and (3) If the proposed modification will not violate any city of Federal Way City Codes or ordinances. In particular, a modifIcation shall not be a substitute for any zoning variance; and (4) Where applicable, the proposed modification would result in an increased retention of significant trees and/or naturally occurring vegetation on the site; (5) The proposed modification also satisfies the criteria listed in subsection (b), (c), (d), (e), or (f) of this section. (c) The width of the perimeter landscaping may be reduced up to 25 percent when: (1) ,A. deyelopment retains an additional 10 percent of signifIcant trees or 10 signifIoant trees per acre on site, whiehever is greater. (~lhe proposed landscaped area incorporates a combination of plant materials, berms a minimum of three feet in height, and architectural elements of appropriate height and scale sufficient to act as an efficient substitute for the three-foot berm. (d) The landscaping requirement may be modified when necessary, because of special circumstances relating to the size, shape, topography, vegetation, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which it is located, or if strict application would result in scenic view obstruction. ( e) Perimeter landscape strips may be averaged, provided the minimum width shall not be less than 50 percent of the underlying width requirement. (f) If the property abutting the subject property is in the same or a more intensive land use zoning district than the subject property, the landscaping required along that common interior property line may be reduced by 25 percent in area. In addition, the remaining 75 percent of the required landscaping may be relocated upon approval of the community development director, consistent with the standards of this chapter. (g) Biofiltration swales and other surface water/water quality structures may be incorporated into required landscape areas provided the landscaping standards of this chapter are met and the integrity of the surface water function is not compromised. The community development director shall approve any modification of this nature. (h) Modification submittal requirements. A request for modification shall: (1) Be submitted in the same form and according to the same terms as the required landscape documents of this section and subject to the same enforcement requirements; and (2) Be clearly labeled as "Landscape Modification Plan"; and (3) Clearly delineate and identify the deviations requested from the provisions of this or any other section; (4) Be approved by the community development director. (i) Pedestrian facilities, transit stops, and handicapped access may be allowed in required landscape areas without requiring additional buffer area, provided that the intent of this article is met and that the function and safety of the pedestrian facility, transit stop or handicapped facility is not compromised. (Ord. No. 93-170, S 4, 4-20-93; Ord. No. 01-390, S 3, 6-5-01) Article XIX, Community Design Guidelines 22-1634 Site design - All zoning districts. (a) General criteria. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 54 of 65 (1) Natural amenities such as views, signifIcant or unique trees, or groupings of trees, creeks, riparian corridors, and similar features unique to the site should be incorporated into the design. (2) Pedestrian areas and amenities should be incorporated in the overall site design. Pedestrian areas include but are not limited to outdoor plazas, arcades, courtyards, seating areas, and amphitheaters. Pedestrian amenities include but are not limited to outdoor benches, tables and other furniture, balconies, gazebos, transparent glass at the ground floor, and landscaping. (3) Pedestrian areas should be easily seen, accessible, and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture, and solar exposure. (4) Project designers shall strive for overall design continuity by using similar elements throughout the project such as architectural style and features, materials, colors, and textures. (5) Place physical features, activities, and people in visible locations to maximize the ability to be seen, and therefore, discourage crime. For example, place cafes and food kiosks in parks to increase natural surveillance by park users, and place laundry facilities near play equipment in multiple-family residential development. A void barriers, such as tall or overgrown landscaping or outbuildings, where they make it difficult to observe activity. (6) Provide access control by utilizing physical barriers such as bollards, fences, doorways, etc., or by security hardware such as locks, chains, and alarms. Where appropriate, utilize security guards. All of these methods result in increased effort to commit a crime and, therefore, reduce the potential for it to happen. (7) Design buildings and utilize site design that reflects ownership. For example, fences, paving, art, signs, good maintenance, and landscaping are some physical ways to express ownership. Identifying intruders is much easier in a well-defined space. An area that looks protected gives the impression that greater effort is required to commit a crime. A cared-for environment can also reduce fear of crime. Areas that are run down and the subject of graffiti and vandalism are generally more intimidating than areas that do not display such characteristics. (b) Surface parking lots. (I) Site and landscape design for parking lots are subject to the requirements of Article XVII of this chapter. (2) Vehicle turning movements shall be minimized. Parking aisles without loop access are discouraged. Parking and vehicle circulation areas shall be clearly delineated using directional signage. (3) Driveways shall be located to be visible from the right-of-way but not impede pedestrian circulation on-site or to adjoining properties. Driveways should be shared with adjacent properties to minimize the number of driveways and curb cuts. (4) Multi-tenant developments with large surface parking lots adjacent to a right-of-way are encouraged to incorporate retail pads against the right-of-way to help break up the large areas of pavement. (5) See FWCC 22-1638 for supplemental guidelines. (c) Parking structures (includes parking floors located within commercial buildings). (I) The bulk (or mass) of a parking structure as seen from the right-of-way should be minimized by placing its short dimension along the street edge. The parking structure should include active uses such as retail, offices or other commercial uses at the ground level and/or along the street frontage. (2) Parking structures which are part of new development shall be architecturally consistent with exterior architec.tural elements of the primary structure, including rooflines, facade design, and fInish materials. (3) Parking structures should incorporate methods of articulation and accessory elements, pursuant to FWCC 22-1635( c )(2), on facades located above ground level. (4) Buildings built over parking should not appear to "float" over the parking area, but should be linked with ground level uses or screening. Parking at grade under a building is discouraged unless the Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 55 of65 parking area is completely enclosed within the building or wholly screened with walls and/or landscaped berms. (5) Top deck lighting on multi-level parking structures shall be architecturally integrated with the building, and screened to control impacts to off-site uses. Exposed fluorescent light fIxtures are not permitted. (6) Parking structures and vehicle entrances should be designed to minimize views into the garage interior from surrounding streets. Methods to help minimize such views may include, but are not limited to, landscaping, planters, and decorative grilles and screens. (7) Security grilles for parking structures shall be architecturally consistent with and integrated with the overall design. Chain-link fencing is not permitted for garage security fencing. (8) See FWCC 22-1638(c)(4) for supplemental guidelines. (d) Pedestrian circulation and public spaces. (I) Primary entrances to buildings, except for zero lot line townhouse development and attached dwelling units oriented around an internal courtyard, should be clearly visible or recognizable from the right-of-way. Pedestrian pathways from rights-of-way and bus stops to primary entrances, from parking lots to primary entrances, and pedestrian areas, shall be accessible and should be clearly delineated. (2) Pedestrian pathways and pedestrian areas should be delineated by separate paved routes using a variation in paved texture and color, and protected from abutting vehicle circulation areas with landscaping. Approved methods of delineation include: stone, brick or granite pavers; exposed aggregate; or stamped and colored concrete. Paint striping on asphalt as a method of delineation is not encouraged. Figurel_S<<.22.16J4(d) Palh.......,..~"""'R.O.w. Fi1:11re2-Sel:.22- J634(d) Pec..."iall CO_.... (3) Pedestrian connections should be provided between properties to establish pedestrian links to adjacent buildings, parking, pedestrian areas and public rights-of-way. (4) Bicycle racks should be provided for all commercial developments. (5) Outdoor furniture, fixtures, and streetscape elements, such as lighting, freestanding signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone booths, fencing, etc., should be incorporated into the site design. (6) See FWCC 22-1638 for supplemental guidelines. (e) Landscaping. Refer to Article XVII of this chapter for specific landscaping requirements and for definitions of landscaping types referenced throughout this article. (f) Commercial service and institutional facilities. Refer to FWCC 22-949 and 22-1564 for requirements related to garbage and recycling receptacles, placement and screening. (1) Commercial services relating to loading, storage, trash and recycling should be located in such a manner as to optimize public circulation and minimize visibility into such facilities. Service yards shall comply with the following: a. Service yards and loading areas shall be designed and located for easy access by service vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a nuisance for adjacent property owners. b. Trash and recycling receptacles shall include covers to prevent odor and wind-blown litter. c. Service yard walls, enclosures, and similar accessory site elements shall be consistent with the primary building(s) relative to architecture, materials and colors. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 56 of 65 ~- "- .... .. ~~;- .- ~ t 19l1!": .; "~'c. 1':- - Il,H U Tu.....t- ""I'd I5>ID,a90 ar.a.. I.;..~IJT"':- <'<0. ~.Z - 16.14-:11 Loallillg at.... d. Chain-link fencing shall not be used where visible from public streets, on-site major drive aisles, adjacent residential uses, or pedestrian areas. Barbed or razor wire shall not be used. (2) Site utilities shall comply with the following: a. Building utility equipment such as electrical panels and junction boxes should be located in an interior utility room. b. Site utilities including transformers, fire standpipes and engineered retention ponds (except biofIltration swales) should not be the dominant element of the front landscape area. When these must be located in a front yard, they shall be either undergrounded or screened by walls and/or Type I landscaping, and shall not obstruct views of tenant cotnmpn spaces, public open spaces.' monument signs, and/or driveways. (g) Miscellaneous site elements. (I) Lighting shall comply with the following: a. Lighting levels shall not spill onto adjacent properties pursuant to FWCC 22-954(c). b. Lighting shall be provided in all loading, storage, and circulation areas, but shall incorporate cut-off shields to prevent off-site glare. c. Lighting standards shall not reduce the amount oflandscaping required for the project by Article XVII of this chapter, Landscaping. (2) Drive-through facilities, such as banks, cleaners, fast food, drug stores and service stations, etc., shall comply with the following: a. Drive-through windows and stacking lanes are not encouraged along facades of buildings that face a right-of-way. Ifthey are permitted in such a location, then they shall be visually screened from such street by Type III landscaping and/or architectural element, or combination thereof; provided, such elements reflect the primary building and provide appropriate screening. b. The stacking lane shall be physically separated from the parking lot, sidewalk, and pedestrian areas by Type III landscaping and/or architectural element, or combination thereof; provided, such elements reflect the primary building and provide appropriate separation. Painted lanes are not sufficient. c. Drive-through speakers shall not be audible off-site. d. A bypass/escape lane is recommended for all drive-through facilities. e. See FWCC 22-1638(d) for supplemental guidelines. (Ord. No. 96-271, S 3, 7-2-96; Ord. No. 99-333, S 3, 1-19-99; Ord. No. 00-382, S 3,1-16-01; Ord. No. 03-443, S 3, 5-20-03; Ord. No. 06-515, S 3,2-7-06; Ord. No. 07-554, S 5(Exh. A(15)), 5-15-07) 22-1635 Building design - All zoning districts. (a) General criteria. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 57 of 65 (1) Emphasize, rather than obscure, natural topography. Buildings should be designed to "step up" or "step down" hillsides to accommodate significant changes in elevation, unless this provision is precluded by other site elements such as stormwater design, optimal traffic circulation, or the proposed function or use of the site. See FWCC 22-XXXX for related standards for development on sites with slopes of 15% or greater. Ti:;.un:: :'5 - so:, :!.~ - . ('i~~ Pi; em>h..iZ"lI ..r.,ralro,ogrupty (2) Building siting or massing shall preserve public viewpoints as designated by the comprehensive plan or other adopted plans or policies. (3) Materials and design features of fences and walls should reflect that of the primary building(s) and shall also meet the applicable requirements of FWCC 22-XXX, Rockeries and retaining walls. (b) Building facade modulation and screening options, defined. Except for zero lot line townhouse development and attached dwelling units, all building facades that are both longer than 60 feet and are visible from either a right-of-way or residential use or zone shall incorporate facade treatment according to this section. Subject facades shall incorporate at least two of the four options described herein; except, however, facades that are solidly screened by Type I landscaping, pursuant to Article XVII of this chapter, Landscaping, may use facade modulation as the sole option under this section. Options used under this section shall be incorporated along the entire length of the facade, in any approved combination. Options used must meet the dimensional standards as specifIed herein; except, however, if more than two are used, dimensional requirements for each option will be determined on a case-by-case basis; provided, that the gross area of a pedestrian plaza may not be less than the specified minimum of 200 square feet. See FWCC 22-1638(c) for guidelines pertaining to city center core and city center frame. (1) Facade modulation. Minimum depth: two feet; minimum width: six feet; maximum width: 60 feet. Alternative methods to shape a building, such as angled or curved facade elements, off-set planes, wing walls and terracing, will be considered; provided, that the intent of this section is met. 4 .', . . . :'_:' '0.. ....... '. '.: .. . ....,:~ . . .0 . . k ..... " o ~'AI;".: ... J G'MJ-. -",,',MM. Figure 6 - Sec. 22 - 1635 (b) Incorporating modulallons (2) Landscape screening. Eight-foot-wide Type II landscape screening along the base of the facade, except Type IV may be used in place of Type II for facades that are comprised of 50 percent or Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 58 of 65 more window area, and around building entrance(s). For building facades that are located adjacent to a property line, some or all of the underlying buffer width required by Article XVII of this chapter, Landscaping, may be considered in meeting the landscape width requirement of this section. : 0* ll<Q,ro .'0*0 01/:~ . ....,.,,*~0"" : _ lI''l' ~- Figure 7- Sec. 22 -1635 (b) Incorporafing landscaped buffets (3) Canopy or arcade. As a modulation option, canopies or arcades may be used only along facades that are visible from a right-of-way. Minimum length: 50 percent of the length of the facade using this option. ~ ~. '3i;j . ~ ~ ~ ~ Figure 8. Sec. 22 - 1635 (b) nca,poqtint cenopylarcade (4) Pedestrian plaza. Size of plaza: Plaza square footage is equal to one percent of the gross floor area of the building, but it must be a minimum of 200 square feet. The plaza should be clearly visible and accessible from the adjacent right-of-way. + I I 1 l' ...DIoh....e Figure 9 - Sec. 22 - 1635 (b) Incorporating pedestrian plaza (c) Building articulation and scale. (1) Except for zero lot line townhouse development and attached dwelling units, building facades visible from rights-of-way and other public areas should incorporate methods of articulation and accessory elements in the overall architectural design, as described in subsection (c )(2) of this section. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 59 of 65 n;.l:lIn.. .(1. :)1.:':.1:. J~)5 ~:.:) t:5U11IC1ns1 elIlOll8~ .. -r-=e=;.. - r. . . .' !' .''''''':--.... :"iHUn.' II ,;;l.'l". 2::!. )~a.r: i:: I I\<eus,,'1 ~Iem"nts . ~ ~. . . ." .... . . Showcase windows Figure 12. Sec. 22 - 1635 (c) ~ .B. ~-.'~.DDD[ ..:..... .::...:.::...>. ....> -1. . . .. . . . '. . A1chitecknl ...tures Alchitactural It.tur.. Malenal variations lIIndsuped public pIaz.. FiRUfC 13. Sec. 22 - 1635 (c) Vertk:allretlis Landscaping Artwork-Mur81 (2) Methods to articulate blank walls: Following is a nonexclusive list of methods to articulate blank walls, pursuant to FWCC 22-1 564(u) and subsection (c)(l) of this section: a. Showcase, display, recessed windows; b. Window openings with visible trim material, or painted detailing that resembles trim; c. Vertical trellis( es) in front of the wall with climbing vines or similar planting; d. Set the wall back and provide a landscaped or raised planter bed in front of the wall, with plant material that will obscure or screen the wall's surface; e. Artwork such as mosaics, murals, decorative masonry or metal patterns or grillwork, sculptures, relief, etc., over a substantial portion of the blank wall surface. (The Federal Way arts commission may be used as an advisory body at the discretion of the planning staff); f. Architectural features such as setbacks, indentations, overhangs, projections, articulated cornices, bays, reveals, canopies, and awnings; g. Material variations such as colors, brick or metal banding, or textural changes; and h. Landscaped public plaza(s) with space for vendor carts, concerts and other pedestrian activities. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 60 of 65 (3) See FWCC 22-1638(c) for supplemental guidelines. (Ord. No. 96-271, ~ 3, 7-2-96; Ord. No. 99- 333, ~ 3,1-19-99; Ord. No. 00-382, ~ 3,1-16-01; Ord. No. 03-443, ~ 3, 5-20-03; Ord. No. 06-515, ~ 3,2-7-06; Ord. No. 07-554, S 5(Exh. A(l5)), 5-15-07) 22-1638 District guidelines. In addition to the foregoing development guidelines, the following supplemental guidelines apply to individual zoning districts: (a) Professional offIce (PO), neighborhood business (BN), and community business (Be). (I) 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 FWCC 22-1634( d). (2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and shall incorporate windows and other methods of articulation. (3) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. (4) 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 ofthe retail use(s) and entrance(s) to the overall building or development, and the proximity and access to other existing plaza or streetscape features. (5) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way or pedestrian area. (6) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not screened by Type I landscaping as defined by Article XVII, 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: (7) }Jl significant trees within a 20 foot perimeter strip arOl.md the site shall be retamed and/or replaoed v.ithin the applicable required landscape buff-er. (&1) Landscaped yards shall be provided between building(s) and public street(s). Parking lots should be beside or behind buildings that front upon streets. (9li) Parking lots should be broken up into rows containing no more than 10 adjacent stalls, separated by planting areas. (+G2) Pedestrian walkways (minimum six feet wide) shall be provided between the interior of the project and the public sidewalk. (+-1-10) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields. 20' Figure 16 - Sec. 22 - 1638 (a) Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 61 of65 (~1l) 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 - Sec. 22 - 1638 (a) (H12) Common recreational spaces shall be located and arranged so that windows overlook them. Figure18 - Sec. 22 - 1638 (a) (MU) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent to them so those exterior portions of the site are controlled by individual households. FigufC 19 - Sec. 22 - 1638 (a) Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 62 of 65 (H-14) All new buildings, including accessory buildings such as carports and garages, shall appear to have a roof pitch ranging from at least 4:12 to a maximum of 12: 12. Figure 20 - Sc.c. 22 - 1638 (a) (1-6.12) Carports and garages in front yards should be discouraged. (H16) The longest dimension of any building facade shall not exceed 120 feet. Buildings on the same site may be connected by covered pedestrian walkways. (1-& 17) 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. ".jl1l'C"!.I.~L':.I.~ )::;". .('~K(:.~ (+918) 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. (~19) Subsection (a)(H14) of this section shall apply to self-service storage facilities. (b) Office park (OP), corporate park (CP), and commercial enterprise (CE). (1) 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 FWCC 22-1 634(d). (2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way. (3) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. (4) 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. (5) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way or pedestrian area. (6) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not screened by Type I landscaping as defined in Article XVII, shall utilize vinyl-coated mesh, powder- coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02109/2009 Page 63 of 65 For non-single-family residential uses only: (7) Subsections (a)(5) through (a)(l7) of this section shall apply. (c) City center core (CC-C) and city center frame (CC-F). (l) 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: a. 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. b. 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. c. A greater amount of parking and driving area than is specified in subsections (c)(l)(a) and (b) 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. (2) 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. (3) Building facades shall incorporate a combination of facade treatment options as listed in FWCC 22-1635(b) and 22-l635(c)(2), to a degree that is appropriate to the building size, scale, design, and site context, and according to the following guidelines: a. 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 roof lines, 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. b. 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 incorporate facade treatments that are less pedestrian-oriented than in subsection (c)(3)(a) of this section, such as a combination of structural modulation, architectural articulation, and foundation landscaping. c. Principal facades of single-story buildings with more than 16,000 sq. ft. 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. (4) Pedestrian pathways shall be provided from rights-of-way, bus stops, parking areas, and any pedestrian plazas and public on-site open 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 Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 64 of 65 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. (5) 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 FWCC 22-1634(g)(2)(b), (c), and (d). (6) 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: a. Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal frontage along the right-of-way; or b. A 15-foot-wide strip of Type III landscaping along the base of the facade; or c. A decorative grille or screen that conceals interior parking areas from the right-of-way. (7) Facades of parking structures shall be articulated above the ground level pursuant to FWCC 22-l635(c)(1). (8) 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. (9) Chain-link fences shall not be allowed. Barbed or razor wire shall not be used. (10) For residential uses, subsections (a)(6) through (a)(9), (a)(11), (a)(l2), (a)(l4), (a)(l6), and (a)(17) of this section shall apply. (d) For all residential zones. (I) Nonresidential uses. Subsections (a)(5) through (a)(10) and (a)(13) through (a)(17) of this section shall apply. (2) Non-single-family residential uses except for zero lot line townhouse residential uses and attached dwelling units. Subsections (a)(5) through (a)(l7) of this section shall apply. (3) Zero lot line townhouse residential uses and attached dwelling units. Subsections (a)(9), (a)(11) through (a)(14), and (a)(17) of this section shall apply. (Ord. No. 96-271, S 3, 7-2-96; Ord. No. 99- 333, S 3, 1-19-99; Ord. No. 00-382, S 3, 1-16-01; Ord. No. 03-443, S 3, 5-20-03; Ord. No. 05-506, S 3, 10-18-05; Ord. No. 06-515, S 3, 2-7-06; Ord. No. 07-554, S 5(Exh. A(15)), 5-15-07; Ord. No. 07-559, S 3(Exh. A), 7-3-07) K:\2008 Code Amendments\Trees, Vegetation, & Grading\LUTC\022309 Meeting\Exhibit A Proposed Code Amendments.doc Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/09/2009 Page 65 of 65 DR AFT CITY OF FEDERAL WAY PLANNING COMMISSION February 4,2009 7:00 p.m. City Hall Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Lawson Bronson, Wayne Carlson, Tom Medhurst, Sarady Long, and Tim O'Neil. Commissioners absent: none. Staff present: Community Development Services Director Greg Fewins, Senior Planner Margaret Clark, Senior Planner Janet Shull, Assistant City Attorney Peter Beckwith, and Administrative Assistant E. Tina Piety. Chair Pfeifer called the meeting to order at 7:00 p.m. ApPROVAL OF MINUTES Commissioner Bronson moved (and it was seconded) to approve the minutes of January 7,2009, and January 21, 2009 as written. The motion carried unanimously. AUDIENCE COMMENT None ADMINISTRATIVE REpORT Mr. Fewins announced that at the February 18, 2009, Planning Commission meeting we will hold our Annual Appreciation Dinner. The dinner will start at 6:00 p.m. and will take place in the Dash Point Conference Room. The regular meeting will start at 7:00 p.m. in the Council Chambers. There will be two public hearings: one on the use of recreational vehicles for temporary occupancy and the second is on construction hours (the Commission held a public hearing on the construction hours and the LUTC sent it back to Commission). In addition, there will be a study session on the 2009 work program. Mr. Fewins stated that the reorganization of the Federal Way City Code (FWCC) becomes effective February 9,2009. The codified version should be ready in about a month. He asked Commissioners if they want a hard copy of the new code or if they would be willing to access it through the website. Commissioner Hope would like a hard copy. Commissioner Bronson suggested a CD, but is willing to use the website. The other Commissioners are willing to access the code through the website. Commissioner Carlson stated that the tables on the website are difficult to read and understand. Mr. Fewins replied he would look into this issue. COMMISSION BUSINESS PUBLIC HEARING Continued - Clearing, Grading, and Tree Retention Code Amendments Ms. Shull delivered the staff report. She focused on the changes made since the January 2151 meeting. On January 30,2009, staff issued a final staff draft and it is this document that is being considered at tonight's meeting. There are two recommendations that staff has received numerous comments to change, namely limiting the artificial slope gradient to 3: I and limiting the height of single-family retaining walls to four feet and multi-family/commercial retaining walls to six feet. After careful review of these comments, staff has concluded that the recoJ?Il1endations will not be changed. The meeting was opened for public comment. K:IPlanning Commission12009\Meeting Sunnnary 02-04-09.doc Planning Commission Minutes Page 2 February 4, 2009 Peter Townsend - He commented that he does understand the Commission is frustrated and feels the proposed amendments should be moved on, but he and other citizens are frustrated because they have only recently learned about this issue and are attempting to understand some 40 pages of proposed changes. This issue will affect thousands of homeowners. There are issues he feels have not been adequately discussed, but feels this is not the time to bring them up since the Commission wants to move the proposed amendments on to the City Council Land/Use Transportation Committee (LUTe). He suggested that in the future, staff inform homeowner associations of all proposed code amendments. Paul Gobat - He stated that the minutes of January 7,2009, on page 2, state that the proposed amendments will not be retroactive and are intended for new lots. The draft does not address this. The City has not had much input from homeowners on the proposed code arnendments. Bellevue had problems because homeowners did not have much input into some proposed amendments. Bob Ormsby - He stated that staff has done a good job. Please clarify whether the proposed code amendments will allow a homeowner to maintain their view. He has lived in a house where he lost his view because trees in the green belt grew high enough to obscure the view. What impact would the proposed code amendments have on a homeowner who remodels and changes the footprint? Paul Lymberis, Quadrant - He asked the Commissioners to look at Exhibit D, which is two examples of slopes comparing 3: I to 2: I slopes. His concern is that given the small nature of the change, why should he have to go through a modification process. The 2: 1 slopes could be required to meet regulations for steep slopes and he asked the Commission to encourage staff to make this change. Brant Schweikl, Schweikl and Associates - He asked that if the proposed amendments are adopted, that a report be prepared after they have been in use for a while to ascertain if the proposed amendments work or not. He suggested the report include how many modifications are requested and if they are approved or not. Commissioner Carlson stated that in regards to the 2:1 versus 3:1 slopes, his inclination was to agree with the staff recommendation. However, after reviewing Exhibit D on slopes and what has been said tonight, he feels that a 2:1 slope at a limited, short height would be acceptable. Commissioner Carlson asked staff if a covenant allows topping and if the city does not, which regulations would take precedence? Mr. Beckwith replied that covenants are private agreements between homeowners and city regulations take precedence over covenant regulations. Mr. Carlson noted that on page 14 of Exhibit A (proposed amendments), item 22-XXX3(9)(c) deals with tree and vegetation removal and storm- and groundwater and states that removal". . . will not change the quality, quantity, or velocity of stormwater or groundwater." Any kind of clearing and grading will increase the quantity of runoff, so the word "quantity" should be deleted. Chair Pfeifer asked Mr. Lymberis what he would say the height should be for a 2: I slope. Mr. Lymberis commented that he doesn't know the magic number, but ten feet seems to make the most sense because it fIts the current code. Comment has been made in the past that a 3:1 slope is easier to maintain; Mr. Lymberis commented that not all slopes are intended to be maintained. Commissioner Medhurst commented that in regards to slopes, the proposed amendments should accommodate the most common exceptions. He also commented that the definition of topping could allow one to limb a tree from the bottom up and the definition should be changed. K:\Planning Commission\2009\Meeting Sunnnary 02-04-09.doc DRAFT Planning Commission Minutes Page 3 February 4, 2009 Commissioner Medhurst is concerned that with a 5% administrative cash deposit for bonds, because as the amount a bond increases, so will the administrative deposit. He does not feel a more expensive bond requires a more expensive administrative deposit and suggested that the administrative cash deposit be a fixed fee. In regards to retaining walls, it is stated that an exemption may be rnade to allow a higher wall, but it would have to lead to a "better result." What is meant by a "better result" and how could staff apply this equitably? Ms. Shull replied that the 5% administrative cash deposit was chosen because this type of bonds is not expected to be expensive. However, she understands the concern and staff is willing to consider the suggestion. As far as using the phase "better result" for allowing an exemption for retaining walls, staff wants to have flexibility in the code and since it is not possible to know all contingencies, it was felt this phase would allow for flexibility. The "better result" would be based on aesthetics or saving open space. Commissioner O'Neil asked Ms. Shull to explain the modification process; he is concerned regarding timing of a modification, not wanting it to delay a project. Ms. Shull first clarified that a modification is not a variance. A variance takes more time and effort and requires a hearing examiner hearing. The type of development standards the city currently grants modifIcations to include right-of-way projects, landscaping, and parking. Generally it will become apparent during the preapplication whether a modification may be wanted or not. The applicant submits a letter to the director requesting the modification explaining what is wanted and why. Any supporting documentation is included with the letter. The director will issue a recommendation on the modification request by letter. The process can take from a few days to perhaps a month or two depending upon the complexity of the request. Regardless, as long as the applicant requests the modifIcation while their project application is being processed, the recommendation for the modification request will be completed before the project application process. Commissioner Elder commented that she has spent a great deal of time considering the slope issue. She went to another city to view how they handle slopes. She has decided that she does not support the staff recommendation for slopes, but she does support the staff recommendation for fence height. Commissioner Bronson commented that on page 2 of Exhibit A, item 20-83(b )(29), it states that the applicant may be asked for additional information at the discretion of the director. This concerns him because there is no limit on what the director may ask for and it could increase the cost and time to process the application. Ms. Shull replied that requirement is there because staff cannot anticipate all information that may be needed to process the application. Commissioner Bronson commented that on page 14 of Exhibit A, item 22-XXX3(9)(d), seems to indicate that a permit is required to remove trees and vegetation. Mr. Fewins commented that removal of trees and vegetation on a residential lot does not require city approval or permission if it meets the criteria stated in subsections a - c of that section. Commissioner Long asked if there is a fee for a modification request. Mr. Fewins replied there is no fee. Commissioner Long asked if a homeowner is granted a modification and his neighbor wants the same modification, does the neighbor have to submit a modification request. Ms. Shull replied that the neighbor will need to apply for a modification so that there is an official record of the request and approval. Commissioner O'Neil asked ifhe was to remove a tree from his backyard, how this would affect the tree unit per acre requirement. Ms. Shull replied that if removing the tree would put you below the tree unit per acre requirement, then you would need to replace the tree. Be aware that for an already developed lot, you would only need to replace to the point you are currently. For example, if to meet the tree unit per acre K:\Planning COnmUssion\2009\Meeting Su1TD113JY 02-04-09.doc DRA"FT Planning Commission Minutes Page 4 February 4, 2009 requirement your lot would need fIve trees but currently you have three, you do not need to plant two more trees. In addition, if you were to remove one of your three trees, you would only need to replace one tree, you would not have to bring the number up to five. Commissioner Medhurst asked what if I want to replace with a different type of tree. Ms. Shull replied that city will have a wide-range list of acceptable replacement trees. In addition, one can request a modification. Commissioner Carlson asked staff to clarify that a parcel part of an approved subdivision would not be subject to the proposed amendments. Mr. Fewins commented that per state law, a final subdivision is vested for five years and any development within the subdivision after those five years is subject to the current code. Commissioner Carlson asked staff to speak to the topic of topping. Ms. Shull responded that the city does not have a tree topping standard. Topping is not the same as pruning and arborists say that topping almost always leads to the death of the tree. For this reason, in the proposed amendments the city considers topping the same as removing a tree. Commissioner O'Neil asked if someone cuts down a tree and thereby no longer meets the tree unit per acre requirement, how would the city know. Mr. Fewins replied that the city's code enforcement is a complaint based, meaning that unless your neighbor files a compliant, the city will not know. Commissioner Bronson moved (and it was seconded) to adopt the proposed code amendments as written and send them on to the LUTC recommending approval. Commissioner Elder commented that she favors a 2:1 slope. Commissioner Carlson agreed, but also feels the height or length should be limited to six feet. Commissioner Bronson stated that a 2: 1 slope should be acceptable and the city can encourage developers to design 3: I slopes. Commissioner Carlson stated that engineers should be able to design aesthetically pleasing 2: I slopes. Commissioner Elder commented that properties are developed to be sold and engineers know what will and will not sell and they say 2: I slopes will sell. Commissioner O'Neil stated that he understands both the staffs and developer's views and feels that as long as the modification process is not onerous, 3: 1 slopes are acceptable. Commissioner Medhurst commented he is in favor of2:1 slopes. Commissioner Carlson moved (and it was seconded) to amend the motion by amending section 22-XX15 to provide for 2:1 slopes with length of no greater than six feet. Commissioner Bronson commented he doesn't see a need for the six-foot length limit. The vote was held on the amendment to the motion with two opposed and five in favor; the amendment to the motion carried. It was pointed out to staff that on page 14 of Exhibit A, there are two sections numbered 9. Commissioner Medhurst commented that the bond deposit should be on a sliding scale. Commissioner Medhurst moved (and it was seconded) to amend the motion on the floor to modify Division 3 section 22- XX33 paragraph 3 to include language consistent with existing bond cash deposits to be applied on a sliding scale. The vote was held with seven in favor; the amendment to the motion carried. Commissioner Carlson moved (and it was seconded) to amend the motion by removing the word "quantity" from section 22-XXX3(9)(c). The vote was held with seven in favor; the amendment to the motion carried. The vote was held on the original motion to adopt the proposed code amendments as written and send them on to the LUTC recommending approval as amended. The vote was held with seven in favor; the motion as amended carried. K:\Planning Commission\2009lMeeting Summary 02-04-09.doc DRAFT Planning Commission Minutes Page 5 February 4, 2009 ADDITIONAL BUSINESS Commissioner Pfeifer thanked the staff for all the work they did on the Clearing, Grading, and Tree Retention Code Amendments. He appreciated that staff involved the Master Builders Association, homeowners, developers, and engineers and that staff listened to them and made some changes based on what they heard. Mr. Fewins commented that staff intends to present the proposed amendments at the February 23, 2009, Land UselTransportation Committee (LUTe) meeting. He also stated that the Planning Commission needs to hold elections for chair and vice-chair at their next meeting, planned for February 18,2009. AUDIENCE COMMENT Peter Townsend - He commented that there are more issues that need to be addressed on the Clearing, Grading, and Tree Retention Code Amendments. Brant Schweikl, Schweikl and Associates - He stated that he had a project where a costly noise study was an additional study requested per the director. He asked if subdivisions are vested for five years, does that mean the CC&R's are no good after five years. He asked if Commissioner Carlson intended for his amendment to slopes to limit height and not length. Mr. Beckwith replied that the CC&R's would be a valid document, but city requirements may supersede them. Commissioner Carlson agreed that he did intend to limit the height and not the length of slopes. Mr. Fewins commented that he will ensure the LUTC is aware that height and not length was intended. ADJOURN The meeting was adjourned at 9:00 p.m. K\Planning Commission\2009\Meeling Sunnnary 02-04-09.doc DRAFT COUNCIL MEETING DATE: March 17,2009 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JURISDICTIONAL TRANSFER - FOREST PRACTICES ApPLICATION REVIEW POLICY QUESTION: Should the City of Federal Way take over regulation of Forest Practice Class IV-General applications within the City of Federal Way COMMITTEE: Land Use/Transportation Committee (LUTe) CATEGORY: MEETING DATE: February 23,2009 D Consent D City Council Business I:8J Ordinance D Resolution D Public Hearing D Other STAFF REpORT By: Janet Shull, AICP, Senior Planner DEPT: Community Development .~._................"'HH_"'H"""......_....__....__........_............._............................._...................................................._..................___.................__..... ................................................................................_......_..............................._....................................................._.....__..._..........._...... Background: Taking over regulation of Forest Practice Class IV-General applications within the City of Federal Way is considered part of the overall code amendments related to Clearing, Grading, and Tree and Vegetation Retention. Attachments: (1) Draft Adoption Ordinance establishing intent to take over regulation of Class IV -General Forest Practices applications; (2) Copy of Planning Commission staff reports for the September 19, 2007, November 7,2007, and January 16, 2008, Study Sessions; and November 5,2008, November 19,2008, January 7,2009, January 21,2009, and February 4,2009 Public Hearings (the staff reports are located in a binder in the City Council offIces); (3) Minutes of the Planning Commission September 19, 2007, November 7, 2007, and January 16, 2008, Study Sessions; and November 5, 2008, November 19,2008, January 7, 2009, and January 21, 2009, Public Hearings (minutes are located in a binder in the City Council offIces); and (4) Draft Minutes of the February 4,2009, Planning Commission Public Hearing Options Considered: I. Approve recommendation to assume jurisdiction for Forest Practices Class IV - General applications as recommended by the Planning Commission; 2. Do not approve the proposed assumption of jurisdiction for Forest Practices Class IV-General applications; or 3. Table or defer action on assuming jurisdiction for Forest Practices Class IV -General applications. STAFF RECOMMENDATION: Approval of Option 1; assumption of jurisdiction for Class IV-General Forest Practices applications as recommended by the Planning Commission. CITY MANAGER ApPROVAL: ~ Committee DIRECTOR ApPROVAL: ~ Committee Council Council COMMITTEE RECOMMENDATION: Forward Option #1; adopt the Planning Commission's recommendation to assume jurisdiction for Class IV-General Forest Practices applications to full Council on March 17,2009, for fIrst reading. Linda Kochmar, Chair Dini Duclos, Member Jim Ferrell, Member PROPOSED COUNCIL MOTION(S): 1 ST READING OF ORDINANCE (March 17, 2009): HI move to forward the ordinance to a second reading for enactment on the April 7, 2009, consent agenda. " 2ND READING OF ORDINANCE (April 7, 2009): HI move approval of the LUTC's recommendation that the City of Federal Way assume jurisdiction for Class IV-General Forest Practices applications. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # I" reading Enactment reading ORDINANCE # RESOLUTION # K.:\2008 Code Amendments\Trees, Vegetation, & Grading\LUTC\Agenda BilI- Ordinance forest practice. doc DRAFT CITY OF FEDERAL WAY ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO TRANSFER OF JURISDICTION FOR CLASS IV- GENERAL FOREST PRACTICES APPLICATIONS; AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22 ZONING ADDING A NEW CODE SECTION ENTITLED "FOREST PRACTICES REGULATIONS" AND RELATED CODE AMENDMENTS. WHEREAS, the City recognizes the need to periodically modify the Federal Way City Code Chapter 22, "Zoning," 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, it is in the public interest for the City Council to adopt regulations allowing for the transfer of jurisdiction of Class IV -General forest practices applications that pertain to the conversion of forest land to developed conditions within the City of Federal Way; and WHEREAS, the transfer of jurisdiction of Class IV -general forest practices applications will help implement companion code amendments pertaining to Clearing, Grading and Tree and Vegetation Retention; and WHEREAS, this ordinance, containing amendments to the text of Chapter 22 "Zoning," of the Federal Way City Code (FWCC), has complied with Process VI review pursuant to FWCC Section 22-216; and WHEREAS, the Planning Commission conducted public workshops on these code amendments on September 19,2007, November 7, 2007, and January 16,2008; and WHEREAS, the Land Use/Transportation Committee of the City Council of the City of Federal Way conducted a study session on these code amendments on February 25,2008; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on October 25, 2008, and no comments or appeals were received and the DNS was finalized on November 24, 2008; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on November 5, 2008, and continued to November 19, 2008, January 7,2009, January 21, 2009, and February 4, 2009; and forwarded a recommendation of approval to the City Council; and the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on February 23, 2009, and recommended adoption of the text amendments as recommended by the Planning Commission; Ord No. 09 - ,Page I Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the Proposal: 1. The best interests and general welfare of the City of Federal Way would be served by amending the zoning code to allow for transfer of jurisdiction of review of Class IV -General Forest Practices applications because: a. The review of Class IV -General Forest Practices applications would be conducted by City of Federal Way staff concurrent with the review of clearing and grading plans and tree! vegetation retention plans; and b. Approval of Class IV -General Forest Practices applications would run concurrent with approval of associated land use and/or building permit associated with project represented by the forest land conversion to non-forest use; and c. Timing of the forest practices actions would be tied to the overall site development timeline approved for the overall project. 2. Since most forest practices within the City of Federal Way are Class IV-General conversions of forest land to a developed non-forest use, taking over jurisdiction for approval of these actions will simplify the review process for project applicants as the forest practices review can be conducted by city staff along with other permit review requirements. 3. Adoption of the zoning code amendments will help implement comprehensive plan land use and housing element policies that specify improving upon the permit review process and maximizing efficiency in the permit review process. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon 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: 1. The proposed FWCC text 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. LUP6 Conduct regular reviews of the development regulations to determine how to improve upon the permit review process. HP9 Maximize efficiency in the City's development reView process and ensure that unnecessary time delays and expenses are eliminated. Continue to provide streamlined Ord No. 09 - , Page 2 DRAFT permitting processes for development that is consistent with the FWCP and FWCC, and that has no adverse impacts. NEG I To preserve the City's natural systems in order to protect public health, safety, and welfare, and to maintain the integrity of the natural environment. NEP2 Preserve and restore ecological functions, and enhance natural beauty, by encouraging community development patterns and site planning that maintains and complements natural landforms. NEP 18 The City shall maintain regulations and standards to carry out the Surface Water Management Comprehensive Plan's policy of restricting stormwater runoff from all new development and redevelopment in order to minimize the potential for flooding and stream bank erosion, and preserve and enhance development and redevelopment. City policies, regulations, and standards will meet the comprehensive stormwater program requirements of the Puget Sound Plan, and will comply with NPDES permit requirements as applicable. CAB (Countywide Planning Policy) All jurisdictions shall regulate development on certain lands to protect public health, property, important ecological and hydrogeological functions, and environmental quality, and to reduce public costs. The natural features of these lands include: a) Slopes with a grade greater than 40 percent; b) Severe landslide hazard areas; c) Erosion hazard areas; d) Mine hazard areas; and e) Seismic hazards. Regulations shall include, . at a minimum, provisions for vegetation retention, seasonal clearing and grading limits, setbacks, and drainage and erosion controls. NEG9 Adopt standards to ensure against the loss of both public and private property in geologically hazardous areas. 2. The proposed FWCC text amendment bears a relationship to the public health, safety, and welfare because it because it establishes more prescriptive standards for clearing, grading, and retention of trees and vegetation during land development activities. Implementation of the code amendments will result in development that gives better consideration for natural site conditions and greater amount of tree and vegetation retention on a citywide basis. And 3. The proposed amendment is in the best interest of the residents of the City because it because site development proposals will be required to more cohesively address proposed site clearing and grading, and tree/vegetation retention as part of the permit review process. Ord No. 09- , Page 3 DRAFT Section 3. Amendment. FWCC Chapter 22 "Zoning" new article entitled "Clearing, Grading, and Tree and Vegetation Retention" is amended as set forth in the attached Exhibit A. Section 4. 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 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the day of , 2009. APPROVED: Mayor, Jack Dovey ATTEST: City Clerk, Carol McNeilly APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: K:\2008 Code Amendments\Trees Vegetation and Grading\LUTC\Adoption Ordinance forest practices.doc Ord No. 09 - , Page 4 DRAFT EXHIBIT A 22-XXXl Purpose. The purpose of this Article is: (1) To promote the public health, safety, and welfare of the citizens of Federal Way without preventing the reasonable development of land. (2) To promote building and site planning practices that are consistent with natural topography, soils, and vegetative features, and minimize disturbance to vegetation and soils. (3) To preserve and enhance the city of Federal Way's physical and aesthetic character by preventing untimely and indiscriminate removal or destruction of trees and vegetation and preserving important landscape characteristics that define aesthetic character, such as trees, important vegetation species, and unique landforms or other natural features to the maximum extent possible. (4) To establish and maintain the urban tree canopy and its benefits including: i. Moderating the effects of wind and temperature; ii. Minimizing the impacts of impervious surfaces; iii. Stabilizing and enriching the soil; iv. Improving air quality; v. Improving water quality; vi. Masking unwanted sound; vii. Providing visual relief and screening buffers; viii. Providing recreational benefits; ix. Enhancing the economic value of developments; and x. Preserving and enhancing a valuable asset to the community as a whole. (5) To establish procedures and review criteria for approval of Class IV -General forest practices. (~Q) To encourage site development, including clearing, excavation, and filling, in such a manner as to minimize hazards to life, health, and property. (61) To minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies. (+li) To minimize the need for additional storm drainage facilities. (&2) To protect fish, wildlife, and their habitats by promoting the retention and restoration of vegetation in habitat areas. (910) To insure prompt development, restoration, replanting, and effective erosion control of property after land clearing and grading. 22-XXX2 Applicability. (a) Clearing and Grading Plan Approval Required. No person, shall remove any trees, make changes or cause changes to be made in the surface of any land by clearing, grading, filling, or drainage alteration in the city of Federal Way without first obtaining approval of a clearing and grading plan by the director; except for those activities that are exempt as described in FWCC 22-XXX3. (b) Tree and Vegetation Retention Plan Approval Required. No person shall remove any trees on a site without first obtaining approval of a tree retention plan by the director; except for th~se activities that are exempt as described in FWCC 22-XXX3. Tree and vegetation removal may also require Class IV- General Forest Practices application approval as administered bv the city of Federal Way per FWCC 22- )(x23 et seq. (c) Application Review Process (1) Activities requiring clearing and grading plan approval; tree and vegetation retention plan approval; and/or Class IV -General forest practices application shall be reviewed and approved in conjunction with the underlying building or land development permit application associated with the proposed activity(ies). Page I of2 (2) Proposed clearing, grading, and/or tree and vegetation removal activities that are not associated with a proposed building or land development activity, nor exempt per FWCC 22-XXX3, may be approved through Process III, subject to the following criteria: (i) Except as allowed under this chapter, it will not alter or adversely affect streams, lakes, wetlands, or geologically hazardous areas, either on or off the subject property. (ii) It will not violate any express policy of the city. (iii) It meets at least one of the following criteria: a. It is necessary to correct an erosion or drainage problem on an undeveloped site. b. It is necessary to create new utility or access corridors. c. Other unusual circumstances exist which make it reasonable to permit clearing, grading, and/or tree and vegetation removal in advance ofthe issuance of a development permit, subdivision, or short subdivision approval, or shoreline substantial development permit. Diyision 4. Forest Practices Ree:ulations 22-XX23 Authority. This division is established to regulate Forest Practices - Class IV-General pursuant to RCW 76.09 and WAC 222-20. 22-XX24 Relationship to Chapter 76.09 RCW. a. The application of this chapter to forest practice activities regulated by the Washington State Forest Practices Act (Chapter 76.09 RCW) shall be limited to Class IV - General forest practices.. b. This division is intended to allow the city of Federal Way to assume iurisdiction for approval of Class IV - General forest practices approvals. occurring in the city of Federal Way. as authorized under the Washington State Forest Practices Act. Chapter 76.09 RCW. The city will act as the State Environmental Policy Act (SEP A) lead agency for all Class IV - General forest practice approvals occurring within the city limits. 22-XX26 Forest practice application requirements. (a) General Requirements. (1) A Class IV -General application shall be approved based on an approved clearing and grading plan and tree and vegetation retention plan and prior to conducting forest practices on the proiect site. (2) All Class IV -General applications shall describe the harvest method. including tv?e of equipment to be used and the expected dates of commencement and completion of all harvest activities. (b) Review Criteria. (1 ) Class IV -General forest practices shall comply with all applicable regulations and standards as adopted by the city. (2) Class IV -General forest practices shall comply with the conditions of approval established through the associated development permit or approval. 22-XX27 Time limitations - Expiration of approvals. A Class IV -General approval shall be valid for two consecutive years following the date of issuance unless a longer time period has been established through an associated approval (e.g.. preliminary plat approval. land use approval. building permit. etc.) in which case the time limits applicable to the associated approval shall apply. K:\2008 Code Amendments\Trees, Vegetation, & Grading\LUTC\Exhibit A forest practices only.doc Page 2 of2 DR AFT CITY OF FEDERAL WAY PLANNING COMMISSION February 4, 2009 7:00 p.m. City Hall Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Lawson Bronson, Wayne Carlson, Tom Medhurst, Sarady Long, and Tim O'Neil. Commissioners absent: none. Staff present: Community Development Services Director Greg Fewins, Senior Planner Margaret Clark, Senior Planner Janet Shull, Assistant City Attorney Peter Beckwith, and Administrative Assistant E. Tina Piety. Chair Pfeifer called the meeting to order at 7:00 p.m. ApPROVAL OF MINUTES Commissioner Bronson moved (and it was seconded) to approve the minutes of January 7,2009, and January 21, 2009 as written. The motion carried unanimously. AUDIENCE COMMENT None ADMINISTRATIVE REpORT Mr. Fewins announced that at the February 18, 2009, Planning Commission meeting we will hold our Annual Appreciation Dinner. The dinner will start at 6:00 p.m. and will take place in the Dash Point Conference Room. The regular meeting will start at 7:00 p.m. in the Council Chambers. There will be two public hearings: one on the use of recreational vehicles for temporary occupancy and the second is on construction hours (the Commission held.a public hearing on the construction hours and the LUTC sent it back to Commission). In addition, there will be a study session on the 2009 work program. Mr. Fewins stated that the reorganization of the Federal Way City Code (FWCC) becomes effective February 9,2009. The codified version should be ready in about a month. He asked Commissioners if they want a hard copy of the new code or if they would be willing to access it through the website. Commissioner Hope would like a hard copy. Commissioner Bronson suggested a CD, but is willing to use the website. The other Commissioners are willing to access the code through the website. Commissioner Carlson stated that the tables on the web site are difficult to read and understand. Mr. Fewins replied he would look into this issue. COMMISSION BUSINESS PUBLIC HEARING Continued - Clearing, Grading, and Tree Retention Code Amendments Ms. Shull delivered the staff report. She focused on the changes made since the January 21 sl meeting. On January 30,2009, staff issued a final staff draft and it is this document that is being considered at tonight's meeting. There are two recommendations that staff has received numerous comments to change, namely limiting the artificial slope gradient to 3: 1 and limiting the height of single-family retaining walls to four feet and multi-family/commercial retaining walls to six feet. After careful review of these comments, staff has concluded that the recommendations will not be changed. The meeting was opened for public comment. K\Planning Commission\2009IMeeting Summary 02-04-09.doc Planning Commission Minutes Page 2 February 4, 2009 Peter Townsend - He commented that he does understand the Commission is frustrated and feels the proposed amendments should be moved on, but he and other citizens are frustrated because they have only recently learned about this issue and are attempting to understand some 40 pages of proposed changes. This issue will affect thousands of homeowners. There are issues he feels have not been adequately discussed, but feels this is not the time to bring them up since the Commission wants to move the proposed amendments on to the City Council LandlUse Transportation Committee (LUTe). He suggested that in the future, staff inform homeowner associations of all proposed code amendments. Paul Gobat - He stated that the minutes of January 7, 2009, on page 2, state that the proposed amendments will not be retroactive and are intended for new lots. The draft does not address this. The City has not had much input from homeowners on the proposed code amendments. Bellevue had problems because homeowners did not have much input into some proposed amendments. Bob Ormsby - He stated that staff has done a good job. Please clarify whether the proposed code amendments will allow a homeowner to maintain their view. He has lived in a house where he lost his view because trees in the green belt grew high enough to obscure the view. What impact would the proposed code amendments have on a homeowner who remodels and changes the footprint? Paul Lymberis, Quadrant - He asked the Commissioners to look at Exhibit D, which is two examples of slopes comparing 3:1 to 2:1 slopes. His concern is that given the small nature of the change, why should he have to go through a modification process. The 2: 1 slopes could be required to meet regulations for steep slopes and he asked the Commission to encourage staff to make this change. Brant Schweikl, Schweikl and Associates - He asked that if the proposed amendments are adopted, that a report be prepared after they have been in use for a while to ascertain if the proposed amendments work or not. He suggested the report include how many modifications are requested and if they are approved or not. Commissioner Carlson stated that in regards to the 2:1 versus 3:1 slopes, his inclination was to agree with the staff recommendation. However, after reviewing Exhibit D on slopes and what has been said tonight, he feels that a 2: 1 slope at a limited, short height would be acceptable. Commissioner Carlson asked staff if a covenant allows topping and if the city does not, which regulations would take precedence? Mr. Beckwith replied that covenants are private agreements between homeowners and city regulations take precedence over covenant regulations. Mr. Carlson noted that on page 14 of Exhibit A (proposed amendments), item 22-XXX3(9)(c)deals with tree and vegetation removal and storrn- and groundwater and states that removal" .. . will not change the quality, quantity, or velocity of stormwater or groundwater." Any kind of clearing and grading will increase the quantity of runoff, so the word "quantity" should be deleted. Chair Pfeifer asked Mr. Lymberis what he would say the height should be for a 2: 1 slope. Mr. Lymberis commented that he doesn't know the magic number, but ten feet seems to make the most sense because it fits the current code. Comment has been made in the past that a 3: I slope is easier to maintain; Mr. Lymberis commented that not all slopes are intended to be maintained. Commissioner Medhurst commented that in regards to slopes, the proposed amendments should accommodate the most common exceptions. He also commented that the definition of topping could allow one to limb a tree from the bottom up and the definition should be changed. K:IPlanning Commission\2009lMeeting Summary 02-04-09.doc ORA.'" , Planning Commission Minutes Page 3 February 4, 2009 Commissioner Medhurst is concerned that with a 5% administrative cash deposit for bonds, because as the amount a bond increases, so will the administrative deposit. He does not feel a more expensive bond requires a more expensive administrative deposit and suggested that the administrative cash deposit be a fixed fee. In regards to retaining walls, it is stated that an exemption may be made to allow a higher wall, but it would have to lead to a "better result." What is meant by a "better result" and how could staff apply this equitably? Ms. Shull replied that the 5% administrative cash deposit was chosen because this type of bonds is not expected to be expensive. However, she understands the concern and staff is willing to consider the suggestion. As far as using the phase "better result" for allowing an exemption for retaining walls, staff wants to have flexibility in the code and since it is not possible to know all contingencies, it was felt this phase would allow for flexibility. The "better result" would be based on aesthetics or saving open space. Commissioner O'Neil asked Ms. Shull to explain the modification process; he is concerned regarding timing of a modification, not wanting it to delay a project. Ms. Shull first clarified that a modification is not a variance. A variance takes more time and effort and requires a hearing examiner hearing. The type of development standards the city currently grants modifications to include right-of-way projects, landscaping, and parking. Generally it will become apparent during the preapplication whether a modification may be wanted or not. The applicant submits a letter to the director requesting the modification explaining what is wanted and why. Any supporting documentation is included with the letter. The director will issue a recommendation on the modification request by letter. The process can take from a few days to perhaps a month or two depending upon the complexity of the request. Regardless, as long as the applicant requests the modification while their project application is being processed, the recommendation for the modification request will be completed before the project application process. Commissioner Elder commented that she has spent a great deal of time considering the slope issue. She went to another city to view how they handle slopes. She has decided that she does not support the staff recommendation for slopes, but she does support the staff recommendation for fence height. Commissioner Bronson commented that on page 2 of Exhibit A, item 20-83(b)(29), it states that the applicant may be asked for additional information at the discretion of the director. This concerns him because there is no limit on what the director may ask for and it could increase the cost and time to process the application. Ms. Shull replied that requirement is there because staff cannot anticipate all information that may be needed to process the application. Commissioner Bronson commented that on page 14 of Exhibit A, item 22-XXX3(9)(d), seems to indicate that a permit is required to remove trees and vegetation. Mr. Fewins commented that removal of trees and vegetation on a residential lot does not require city approval or permission if it meets the criteria stated in subsections a - c of that section. Commissioner Long asked if there is a fee for a modification request. Mr. Fewins replied there is no fee. Commissioner Long asked if a homeowner is granted a modification and his neighbor wants the same modification, does the neighbor have to submit a modification request. Ms. Shull replied that the neighbor will need to apply for a modification so that there is an official record of the request and approval. Commissioner O'Neil asked if he was to remove a tree from his backyard, how this would affect the tree unit per acre requirement. Ms. Shull replied that if removing the tree would put you below the tree unit per acre requirement, then you would need to replace the tree. Be aware that for an already developed lot, you would only need to replace to the point you are currently. For example, if to meet the tree unit per acre K:\Planning Commission\2009\Meeting Summary 02-04-09.doc DRAFT Planning Commission Minutes Page 4 February 4, 2009 requirement your lot would need five trees but currently you have three, you do not need to plant two more trees. In addition, if you were to remove one of your three trees, you would only need to replace one tree, you would not have to bring the number up to five. Commissioner Medhurst asked what if! want to replace with a different type of tree. Ms. Shull replied that city will have a wide-range list of acceptable replacement trees. In addition, one can request a modification. Commissioner Carlson asked staff to clarify that a parcel part of an approved subdivision would not be subject to the proposed amendments. Mr. Fewins commented that per state law, a final subdivision is vested for five years and any development within the subdivision after those five years is subject to the current code. Commissioner Carlson asked staff to speak to the topic of topping. Ms. Shull responded that the city does not have a tree topping standard. Topping is not the same as pruning and arborists say that topping almost always leads to the death of the tree. For this reason, in the proposed amendments the city considers topping the same as removing a tree. Commissioner O'Neil asked if someone cuts down a tree and thereby no longer meets the tree unit per acre requirement, how would the city know. Mr. Fewins replied that the city's code enforcement is a complaint based, meaning that unless your neighbor files a compliant, the city will not know. Commissioner Bronson moved (and it was seconded) to adopt the proposed code amendments as written and send them on to the LUTC recommending approval. Commissioner Elder commented that she favors a 2: 1 slope. Commissioner Carlson agreed, but also feels the height or length should be limited to six feet. Commissioner Bronson stated that a 2:1 slope should be acceptable and the city can encourage developers to design 3: 1 slopes. Commissioner Carlson stated that engineers should be able to design aesthetically pleasing 2: 1 slopes. Commissioner Elder commented that properties are developed to be sold and engineers know what will and will not sell and they say 2: 1 slopes will sell. Commissioner O'Neil stated that he understands both the staff's and developer's views and feels that as long as the modification process is not onerous, 3: 1 slopes are acceptable. Commissioner Medhurst commented he is in favor of2:1 slopes. Commissioner Carlson moved (and it was seconded) to amend the motion by amending section 22-XX15 to provide for 2:1 slopes with length of no greater than six feet. Commissioner Bronson commented he doesn't see a need for the six-foot length limit. The vote was held on the amendment to the motion with two opposed and five in favor; the amendment to the motion carried. It was pointed out to staff that on page 14 of Exhibit A, there are two sections numbered 9. Commissioner Medhurst commented that the bond deposit should be on a sliding scale. Commissioner Medhurst moved (and it was seconded) to amend the motion on the floor to modify Division 3 section 22- XX33 paragraph 3 to include language consistent with existing bond cash deposits to be applied on a sliding scale. The vote was held with seven in favor; the amendment to the motion carried. Commissioner Carlson moved (and it was seconded) to amend the motion by removing the word "quantity" from section 22-XXX3(9)(c). The vote was held with seven in favor; the amendment to the motion carried. The vote was held on the original motion to adopt the proposed code amendments as written and send them on to the LUTC recommending approval as amended. The vote was held with seven in favor; the motion as amended carried. K:\Planning Commissionl2009lMeeting Sunnnary 02-04-09.doc DRAt Planning Commission Minutes Page 5 February 4, 2009 ADDITIONAL BUSINESS Commissioner Pfeifer thanked the staff for all the work they did on the Clearing, Grading, and Tree Retention Code Amendments. He appreciated that staff involved the Master Builders Association, homeowners, developers, and engineers and that staff listened to them and made some changes based on what they heard. Mr. Fewins commented that staff intends to present the proposed amendments at the February 23, 2009, Land UselTransportation Committee (LUTe) meeting. He also stated that the Planning Commission needs to hold elections for chair and vice-chair at their next meeting, planned for February 18, 2009. AUDIENCE COMMENT Peter Townsend - He commented that there are more issues that need to be addressed on the Clearing, Grading, and Tree Retention Code Amendments. Brant Schweikl, Schweikl and Associates - He stated that he had a project where a costly noise study was an additional study requested per the director. He asked if subdivisions are vested for five years, does that mean the CC&R's are no good after five years. He asked if Commissioner Carlson intended for his amendment to slopes to limit height and not length. Mr. Beckwith replied that the CC&R's would be a valid document, but city requirements may supersede them. Commissioner Carlson agreed that he did intend to limit the height and not the length of slopes. Mr. Fewins commented that he will ensure the LUTC is aware that height and not length was intended. ADJOURN The meeting was adjourned at 9:00 p.m. KIPlanning Commission\2009\Meeting Summary 02-04-09.doc DRAt- , COUNCIL MEETING DATE: March 3, 2009 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2009 Asphalt Overlay Project Bid A ward POLICY QUESTION: Should the Council award the 2009 Asphalt Overlay Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 23,2009 CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other ST A~ REpORT By: Marwan Sa~lo!!!ll, P .E., Public Works Director DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated February 23,2009. Opt!~~_~_~on~~ered: __ _._______.___ 1. A ward all Schedules of the 2009 Asphalt Overlay Project to Tucci and Sons, Inc., the lowest responsive, responsible bidder, in the amount of $1,747,402.95 and approve a 10% contingency of $174,740.00, for a total of$1,922,142.95,_and authorize the City Manager to execute the contract. 2. Reject all bids for the 2009 Asphalt Overlay Project and direct staff to rebid the project and return to Committee for further action. 3. Do not award the 2009 Asphalt Overlay Project to the lowest responsive, responsible bidder and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: ~ Committee DIRECTOR ApPROVAL: Council Council COMMITTEE RECOMMENDATION: Place Option 1 on the March 3, 2009 Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move to award all Schedules of the 2009 Asphalt Overlay Project to Tucci and Sons, Inc., the lowest responsive, responsible bidder, in the amount of $1,747,402.95 and approve a 10% contingency of $174,740.00, for a total of$1,922,142.95, and authorize the City Manager to execute the contract." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACflON o MOVED TO SECOND READING (ordinances only) REYISED - 02106/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: February 23,2009 Land Use and Transportation Committee Cary M. Roe, P.E.,Assistant City Manager, Chi Marwan Salloum, P.E., Public Works Director Jeff Huynh, Street Systems Engineer 2009 Asphalt Overlay Project Bid Award Operations Officer, Emergency Manager BACKGROUND: Five bids were received and opened on February 11, 2009 for the 2009 Asphalt Overlay Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Tucci and Sons, Inc. with a total bid of $1,747,402.95. AVAILABLE FuNDING: The budget for the 20<9 Asphalt Overlay Project is$2,653,674 and is comprised of the following: 2009 Overlay Budget 2009 Structures Budget 2008 Carry Forward'Mitigation TOTAL FuNDING AVAILABLE: $2,025,000.00 146,267.00 482,407.00 $2,653,674.00 ESTIMATED EXPENDITURES: The following is a breakdown of the estimated total project construction costbased on the low bid: A 1 st Avenue South B West Campus Business/Office Park C 21 Avenue SW D Village Park E SW 340 Street F Brooklake Heights G Alderbrook ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: 10% Construction Contingency Pavement Management System In-house Design Construction Administration City's Administrative Fee Printing and Advertising ESTIMATED TOTAL PROGRAM COST: BALANCE cc: Project File k:\lutc\2009\02-23-09 2009 asphalt overlay project bid award. doc $467,963.25 226,643.75 $168,117.95 $125,883.00 $188,586.50 $259,380.75 $310,827.75 $1,747,402.95 $174,740 $39,000 $63,000 $110,000 $78,866 $3,500 $2,216,508.95 $437,165.05 ~ I s~ I- -.. l~~ V ~ ~ .. .. b 2 !!l _ ~ ~ .. .. >-::> 5:;!"' ffi~~ ~~~ ~~~ ","''' .. z :l ~ 8 ~ .. 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COMMITTEE: Land Use and Transportation CATEGORY: [8J Consent D City Council Business MEETING DATE: February 23, 2009 D Ordinance D Resolution D [8J Public Hearing Other STAFF REpORT ~Y: Rick Perez, P .E., City Traffic Engineer DEPT: Public Works Attachments: 1. Land Use and Transportation Memorandum dated February 23,2009 2. 2009-20l2 Agreement for the South County Area Transportation Board Options Considered: 1. Approve the agreement 2. Do not approve the agreement and provide direction to staff STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGERAPPROV AL: ~ Committee DIRECTOR APPROVAL: Council Council COMMITTEE RECOMMENDATION: Forward staff recommendation for Option 1 to the March 3, 2009 City Council Consent Agenda. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "1 move approval of the 2009-2012 Agreement for the South County Area Transportation Board. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REYISED - 0210612006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: February 23, 2009 Land Use and Transportation Committee Cary M. Roe, P .E., Assistant City Manager, Chief Operations Officer, Emergency Manager ~ Rick Perez, P.E., City Traffic Engineer SCATBd Agreeement VIA: FROM: SUBJECT: BACKGROUND: The South County Area Transportation Board (SCA TBd) is a group representing agencies in and around the South King County subarea with responsibilities for all modes of transportation within the area. It serves as a forum to promote cooperation within the subarea and a lobbying force with county, regional, and state agencies on transportation issues and policies. King County and Sound Transit have specifically identified subareas in its transit policies, and SCA TBd represents our subarea in those venues. The attached agreement is an update of past agreements. This year's agreement includes improved consistency between subarea groups on participation and voting rights. Councilmember Burbidge served on a subcommittee for this effort. cc: Project File Day File 2009-2012 Agreement for the South County Area Transportation Board Parties to Agreement City of Algona City of Auburn City of Black Diamond City of Burien City of Covington City of Des Moines City of Enumclaw City of Federal Way City of Kent City of Maple Valley City of Milton City of Normandy Park City of Pacific City of Renton City ofSeaTac City of Tukwila King County Muckleshoot Tribe Pierce County Pierce Transit Port of Seattle Puget Sound Regional Council Sound Transit Transportation Improvement Board Washington State Department of Transportation Washington State Transportation Commission Transmittal date to participating members for approval: December 30, 2008 THIS AGREEMENT is made and entered into by and among the CITY OF ALGONA, hereafter called "Algona"; the CITY OF AUBURN, hereafter called "Auburn"; the CITY OF BLACK DIAMOND, hereafter called "Black Diamond"; the CITY OF BURIEN, hereafter called "Burien"; the CITY OF COVINGTON, hereafter called "Covington"; the CITY OF DES MOINES, hereafter called "Des Moines"; the CITY OF ENUMCLA W hereafter called "Enumclaw"; the CITY OF FEDERAL WAY, hereafter called "Federal Way"; the CITY OF KENT, hereafter called "Kent"; the CITY OF MAPLE VALLEY, hereafter called "Maple Valley"; CITY OF MIL TON, hereafter called "Milton"; the CITY OF NORMANDY PARK, hereafter called "Normandy Park"; the CITY OF PACIFIC, hereafter called "Pacific"; the CITY OF RENTON, hereafter called "Renton"; the CITY OF SEAT AC, hereafter called "SeaTac"; the CITY OF TUKWILA, hereafter called "Tukwila"; the MUCKLESHOOT TRIBE; KING COUNTY, a legal subdivision of the State of Washington, hereafter called "King County"; PIERCE COUNTY, a legal subdivision of the State of Washington, hereafter called "Pierce County; the PUGET SOUND REGIONAL COUNCIL, hereafter called the "PSRC"; the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, hereafter called "Sound Transit"; PIERCE TRANSIT; the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, hereafter called "WSDOT"; the WASHINGTON STATE TRANSPORTATION COMMISSION, hereafter called the "Transportation Commission"; the TRANSPORTATION IMPROVEMENT BOARD, hereafter called "TIB"; and the PORT OF SEATTLE. WHEREAS, the parties to this agreement recognize that multi-jurisdictional transportation planning and coordinated transportation plans benefit their citizens; and WHEREAS, the South County Area Transportation Board (SCATBd) has effectively served as the central forum for information sharing, consensus building, and coordination to develop recommendations for transportation policies, projects and programs for the South King subarea; and I WHEREAS, the King County Comprehensive Plan for Public Transportation - Long Range Policy Framework, adopted in 1993, divided Metro service into three geographic subareas for the purpose of allocating new transit subsidy; and WHEREAS, the Six- Year Transit Development Plan, adopted in 1995, called for the three subarea transportation boards (the Eastside Transportation Partnership, South County Area Transportation Board, and SeaShore Transportation Forum) to review, refine, and recommend service priorities to the King County Executive; and WHEREAS, Sound Transit relies on the three subarea transportation boards to review and recommend Sound Transit plans and implementation of projects and services; and WHEREAS, the geographic subarea boundary area for the South King Subarea is the area represented on the attached map (Exhibit A); NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1.0 Purpose of Agreement The purpose of the Agreement is to provide for the continuation of the South County Area Transportation Board (SCA TBd) as the South forum for local goyernments to share information, build consensus, and coordinate among jurisdictions and agencies with the goal of providing advice on plans, programs, policies and priorities for regional transportation decisions. 2.0 Role of Subarea Transportation Boards 1. The South County Area Transportation Board (SCA TBd) is the forum established for the South subarea of King County for elected officials to provide advice into the following decisions: a. The King County Metro six year transit development plan, and implementation of transit service priorities b. Sound Transit plans and implementation of projects and services 2. The SCA TBd may also provide input on other countywide and regional transportation issues. 3. The three subarea transportation boards shall hold at least one joint meeting annually to address issues of mutual interest and concern and promote regional decisions. 2 3.0 Voting and Non-voting Members 31Th b fSCATBd d h . 'h h II b ft II e yotmg mem ers 0 an t elr votmg ng ts s a e as 0 ows: Votin!! Members Number of Reps. V otin ;! Ri~hts Sound Metro Transie Regional Othet4 Transitl Competition3 Algona I Yes Yes Yes Yes Auburn I Yes Yes Yes Yes Black Diamond I No Yes Yes Yes Burien I Yes Yes Yes Yes Covington I No Yes Yes Yes Des Moines I Yes Yes Yes Yes Enumclaw I No Yes Yes Yes Federal Way I Yes Yes Yes Yes King County 3 Yes Yes Yes Yes Kent I Yes Yes Yes Yes Maple Valley I No Yes Yes Yes Milton I Yes Yes Yes Yes Muckleshoot Tribe I Yes Yes Yes Yes Normandy Park I Yes Yes Yes Yes Pacific I Yes Yes Yes Yes Renton I No Yes Yes* Yes SeaT ac I Yes Yes Yes Yes Tukwila I Yes Yes Yes Yes Pierce County I No No No Yes .-J 3.2 The non-voting members ofSCATBd shall be as follows: Non-Votin2 Member Number of Representatives Sound Transit 1 PSRC I WSDOT I TIB I Pierce Transit I Port of Seattle I Washington State Transportation Commission I Private sector representation (if approved by SCA TBd ) I I Recommendations on Somd Transit capital and service plans and implementation 2 Recommendations on Metro Transit service plans 3 Identification of projects for the regional competition, ifprescribed by the proce$ approved by the King County members of the Tran~rtation Policy Board (*projects in Renton south of the Croar River) 4 Other recommendations including: Recommendations to the PSRC on plans, policies and programs, such as input on alternatives, policies and criteria for the regional transportation plan; on studies and analyses conducted; on criteria; on funding policies; and on regional priorities_ Recommendations to the State Legislature, committees and commissions established by the Legislature, such as input on proposed legislation; on recommendations from commissions; and on transportation budgets and priorities_ Recommendations to WSOOT on projects, policies, programs, priorities and funding, such as input on alternatives, funding, and priorities for major corridors; on tolling; on transportation demand management; on Commute Trip Reduction; on active traffic management; and on stale transportation plans_ Recommendations to the State Transportation Commission, such as input on policies regarding tolling, preservation, capacity improvements and funding_ Recommendations to the federal delegation on federal legislation, such as input on reauthorization; and on funding priorities_ 3 3.3 A roll call vote shall be taken on recommendations from the subarea board regarding Sound Transit capital and service plans and implementation, Metro Transit service plans, and identification of projects for the regional competition, if prescribed by the process approved by the King County caucus of the-Transportation Policy Board. The results shall be recorded by jurisdiction. 4.0 Representation and Conduct 4.1 The representation on the South County Area Transportation Board (SCA TBd) shall be as follows: 1. Elected officials appointed for a one-year term from each of the participating counties and cities, in the number specified above. King County representation shall be a maximum of two Councilmembers and the King County Executive or his designee. 2. High level staff from WSDOT, Pierce Transit, the Port of Seattle and the PSRC; a South King subarea board member of Sound Transit; the Director of the TlB; and a representative designated by the Washington Transportation Commission. 3. A representative of a private sector group or groups as determined by SCA TBd. 4.2 Each participating member shall appoint an alternate. Designated alternates may vote in place of designated voting representatives in the absence of the designated representative. 4.3 On an annual basis, member jurisdictions shall inform the Lead Agency in writing of its representatives and alternates and provide the appropriate contact information for each. 4.4 The SCA TBd will be responsible for overall program direction, approving Technical Advisory Committee recommendations and providing direction for input on transportation decisions 4.5 The SCA TBd may establish its own bylaws and rules of procedures and may modify these as appropriate. Such bylaws and rules shall be consistent with the provisions of this Agreement and modifications to such bylaws and rules will not alter this Agreement. 4.6 The SCA TBd may establish subcommittees as it determines appropriate. 4.7 With a simple majority of voting members as shown in Section 3.1, the SCATBd can adopt resolutions, authorize correspondence, request studies, or provide other advisory input to member jurisdictions or regional and state activities, including plans policies, programs, projects or legislative issues. 4.8 Any voting member may request that a minority statement be included in communications or otherwise distributed with the adopted majority position. 5.0 Chair and Vice Chair 5.1 The chair and vice chair of SCA TBd shall be representatives of a member county or city located within the subarea's geographic boundaries. The chair and vice chair shall be elected by a majority of the voting representatives from jurisdictions within the subarea's geographic boundaries. 5.2 The chair and vice chair shall be nominated by a nominating committee established in November of each year, and nominated in December of each year. 4 5.3 The chair and vice chair shall serve a term of one year from February 1 through January 31 of the following year. 5.4 The chair and the vice chair shall conduct the SCA TBd activities within adopted procedures and guidelines. The chair and vice chair are responsible for setting meeting agendas, ensuring fair opportunity for discussion, signing correspondence, and speaking on behalf of the SCA TBd. 6.0 Technical Advisory Committee (T AC) 6.1 Each member jurisdiction or agency shall appoint at least one planning, public works and/or intergovernmental staff person to the Technical Advisory Committee (TAC). Private sector groups shall not participate in T AC activities. Each member jurisdiction and agency is expected to contribute such staff as is necessary to accomplish the work program adopted by the SCA TBd. 6.2 The T AC shall provide technical assistance as requested by the SCA TBd and shall advise the SCA TBd and their respective members on emergent transportation issues, and be responsible for overall program development including drafting of the work program. The T AC shall also review consultant work, and coordinate its activities with adjacent jurisdictions, including the other subarea transportation forums. 6.3 When appropriate, the T AC will make recommendations for consideration of the SCA TBd. The T AC' s recommendations shall be arrived at by consensus of a majority of the T AC members present. If the Technical Advisory Committee is unable to reach consensus on a particular issue, T AC members may present discussion questions or a dissenting opinion to the SCA TBd for consideration. 7.0 Lead Agency 7.1 King County will be the lead agency for the purposes of receipt of funds, contract administration, and disbursement of funds associated with consultant contracts and study-related expenses. King County shall appoint a staff member to serve as Project Manager for special projccts. King County shall also provide general administrative and program support for the SCA TBd. King County assumes wage and benefits cost of its staff performing Lead Agency responsibilities. 7.2 Lead Agency responsibilities include administrative and technical support for meetings and ongoing operations; collection, administration and distribution of dues; support to the chair and vice chair; preparation of correspondence and other materials; development and monitoring of work program; and coordination of consultant services or other special projects as directed by the SCA TBd. 8.0 Annual Work Program The SCA TBd may undertake activities consistent with its purposes and shall prepare an annual progress report and work program for the following year for submittal to its members. 5 9.0 Financing and Cost Sharing Guidelines 9.1 Yearly Dues -- Each member city will contribute $100.00 annually per vote awarded to remain members in good standing. The designated Lead Agency shall not be required to pay yearly dues. This revenue shall be used for special events, including an annual joint meeting of the subarea transportation boards, public education, or other expenses authorized by the seA TBd. 9.2 The following guidelines shall generally apply: 1. Annual Review of Financing: The SCA TBd shall determine by June 30 of each year whether an additional financial contribution will be requested of the SCA TBd jurisdictions. 2. Voting Members: If additional financial contributions are determined to be necessary, costs shall be shared among member jurisdictions other than King County by a method as determined by action ofthe SCA TBd. Unless agreed to otherwise, King County's share shall be limited to the costs of providing staff support. 3. Non-voting Members: The member agencies shall not be expected to make a direct funding contribution. 4. Modification to Agreement Required: A modification to this agreement specifying cost- sharing, purpose, scope of work and other details is required to obligate a member jurisdiction to funding participation. 10.0 Withdrawal of a Party from this Agreement Each party, for its convenience and without cause or for any reason whatsoever, may withdraw from participation in this Agreement by providing written notice, sent certified mail, return receipt required, to all of the other parties at least thirty (30) days in advance of the effective date of the withdrawal. A withdrawing party shall not be entitled to a refund of any payments to SCA TBd but shall make any contributions required to be paid to other parties under this Agreement for costs which had been obligated prior to the effective date of the withdrawal. In the event a party withdraws, the remaining parties shall amend this Agreement as necessary to reflect changes in the named parties and cost and revenue allocations. In the event of withdrawal by a party, this Agreement shall terminate as to that party but shall continue in effect with respect to the remaining parties. However, the termination of this Agreement with respect to one or more parties shall not affect any of the parties' rights or obligations, including any rights or obligations of a withdrawing party, that are expressly intended to survive termination. Each party's funding to perform its obligations under the Agreement, beyond the current appropriation year, is conditional upon appropriation by the party's governing body of sufficient funds to support said obligations. Should such an appropriation not be approved for a future year, a party may exercise its right to withdraw as provided herein. 11.0 Duration This Agreement shall take effect upon being duly adopted by the governing bodies of all parties and executed by the authorized representatives of all parties; This Agreement shall remain in effect until all the tasks have been completed to the satisfaction of the SCA TBd or until such time as the participating members choose to conclude the program for other reasons, but in no case shall the program extend beyond December 31,2012, unless terminated earlier or extended in accordance with Section 11.0. If all parties desire to extend this Agreement beyond December 31, 2012, they shall 6 execute a Statement of Extension. In no event shall the Agreement be extended beyond December 31, 2014. 12.0 Termination All parties to this Agreement must agree to terminate this Agreement in order for such termination to be effective. If all parties desire to terminate this Agreement, they shall execute a Statement of Termination. Upon termination, no party shall be required to make any additional contributions. Any remaining funds shall be refunded to the parties to this Agreement according to Section 13.0. 13.0 Real and Personal Property The acquisition of real property is not anticipated under this Agreement. Any personal property acquired pursuant to this Agreement shall be held by the Lead Agency. In the event this Agreement expires or is terminated in accordance with Section 11.0, any personal property other than cash shall remain with the Lead Agency. 14.0 Return of Funds At such time as this Agreement expires or is terminated in accordance with Section 11.0, any unexpended and uncommitted funds shall be distributed proportionately to those parties to this Agreement at the time of termination based on each party's percentage share of the original contribution. 15.0 Filing This Agreement shall be filed with the King County Department of Records and Elections. 16.0 Legal Relations 16.1 The parties shall comply with all applicable state and federal laws and regulations. 16.2 This Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint yenture or partnership is formed as a result ofthis Agreement. No employees or agents of one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of any other party. 16.3 Each party shall defend, indemnify and hold harmless the other party and all of its officials, employees, principals and agents from all claims, demands, suits, actions, and liability of any kind whatsoever which arise out of, are connected with, or are incident to any negligent acts of the first party, its contractor, and/or employees, agents, and representatives in performing the first party's obligations under this Agreement. The parties agree that their obligations under this paragraph extend to claims made against one party by the other party's own employees. For this purpose, the parties, by mutual negotiation, hereby waive any immunity that, as respects the other party only, would otherwise be available against such claims under the industrial insurance provisions of RCW Title 51. In the event either party incurs attorney's fees, costs or other legal expenses to enforce the provisions ofthis section, against the other party, all such fees, costs and expenses shall be recoverable by the preyailing party. 7 16.4 The provisions of this Section 16 shall survive and remain applicable to each of the parties notwithstanding any termination or expiration of this Agreement and notwithstanding a party's withdrawal from this Agreement. 17.0 Entirety and Modifications 17.1 This Agreement merges and supersedes all prior negotiations, representations and agreements between the parties relating to the subject matter hereof and constitutes the entire agreement between the parties. 17.2 This Agreement may be modified or extended only by written instrument signed by all the parties hereto. 18.0 Counterparts The signature pages of this Agreement may be executed in any number of counterparts, each of which shall be an original. 8 IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its duly authorized officer . fth d ti h b I . . or representative as 0 e ate set ort e ow tts Signature. City of Algona City of Auburn City of Black Diamond By: By: By: Date: Date: Date: City of Burien City of Covington City of Des Moines By: By: By: Date: Date: Date: City of Enumblcaw City of Federal Way City of Kent By: By: By: Date: Date: Date: City of Maple Valley City of Milton City of Normandy Park By: By: By: Date: Date: Date: City of Pacific City of Renton City of Sea Tac By: By: By: Date: Date: Date: City of Tukwila King County Muckleshoot Tribe By: By: By: Date: Date: Date: - Pierce County Pierce Transit Port of Seattle By: By: By: Date: Date: Date: Puget Sound Regional Council Sound Transit Transportation Improvement Board By: By: By: Date: Date: Date: Washington State Department of Washington State Transportation Transportation Commission By: By: Date: Date: 9 COUNCIL MEETING DATE: N/A ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Tom Heunisch complaint - follow up briefing. COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 23, 2009 CATEGORY: D Consent D City Council Business STAFF REPORT By: Greg Fewins, Director D Ordinance D Resolution D D Public Hearing Other DEPT: Department of Community .._.........R~.Y.~!?p~~!!~._~~!:Y.!~_s.._.___.._.._..__.____.._____ Attachments: None. Verbal briefing to be provided at the February 23, 2009 meeting. CITY MANAGER ApPROVAL: t/tK- Committee N/A DIRECTOR ApPROVAL: &ltf Committee N/A Council COWlcil COMMITTEE RECOMMENDATION: N/ A Committee Chair Committee Member Committee Member (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACfION o MOYED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # i ST reading Enactment reading ORDINANCE # RESOLUTION #