LUTC PKT 10-07-2013City of Federal Way
City Council
Land Use /Transportation Committee
October 7, 2013 City Hall
5:30 p.m. Council Chambers
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMITTEE BUSINESS
Topic Title/ Description
A. Approval of Minutes: September 9, 2013
B. Amendments to Federal Way Revised Code
(FWRC) Related to Urban Agriculture
Action
Presenter Page or Info
Upton 3 Action
Shull 7 Action
C.
Informational briefing on status of the Major
Clark
Comprehensive Plan Update
Appleton
D.
Consider Amending the 2013 Planning
Conlen
Huynh
Commission Work Program to Add an Item
K. 2013 Asphalt Overlay Project — Final
Related to Siting of Group Homes Type III
Acceptance
E.
Consider Amending the 2013 Planning
Conlen
85% Design Status Report and Authorization to
Commission Work Program to Add an Item
Bid
Related to the Keeping of Miniature Goats
F.
Amendments to Federal Way Revised Code
Harris
(FWRC) Chapter 19.115.020, "Community
Design Guidelines, Administration"
G.
Steel Lake LMD — Time of Payment Ordinance
Appleton
H. Steel Lake LMD — Resolution establishing the
Appleton
SLMD Advisory Committee
I. 2013 -2015 DOE Capacity Grant Surface Water
Appleton
Project
J. 2014 Asphalt Overlay Program Preliminary
Huynh
Project List and Authorization to Bid
K. 2013 Asphalt Overlay Project — Final
Huynh
Acceptance
L. S 320" Street Preservation Project —
Huynh
85% Design Status Report and Authorization to
Bid
87 Info
93 Action
95 Action
105 Action
123 Action
129 Action
135 Action
139 Action
143 Action
145 Action
Council Date
N/A
October 15"
Ordinance
1st Reading
N/A
Time
5 min
10 min
10 min
October 15th 5 min
Consent
N/A
October 15th
Ordinance
1st Reading
October 15th
Ordinance
1st Reading
October 15th
Business
October 15th
Consent
October 15th
Consent
October 15th
Consent
October 15th
Consent
10 min
5 min
5 min
5 min
5 min
5 min
5 min
5 min
Committee Members city staff
Bob Celski, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management
Jeanne Burbidge, Member Shawna Upton, Administrative Assistant II
Diana Noble- Gulliford, Member 253 - 835 -2703
4. OTHER
5. FUTURE MEETINGS /AGENDA ITEMS:
The next LUTC meeting will be Monday, November 4, 2013 at 5:30 p.m. in City Hall Council Chambers.
6. ADJOURN
Committee Members City Staff
Bob Ce /ski, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management
Jeanne Burbidge, Member Shawna Upton, Administrative Assistant II
Diana Noble- Gulliford, Member 253- 835 -2703
City of Federal Way
City Council
Land Use /Transportation Committee
September 9, 2013 City Hall
5:30 p.m. Council Chambers
MEETING SUMMARY
Committee Members in Attendance: Committee Chair Bob Celski and Committee members Diana Noble - Gulliford and
Jeanne Burbidge. Council members in attendance: Susan Honda.
Staff in Attendance: Director of Parks, Public Works and Emergency Management Cary Roe, Deputy Public Works Director
Marwan Salloum, Deputy Public Works Director Ken Miller, City Traffic Engineer Rick Perez, Street Systems Project Engineer
Christine Mullen, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Shawna Upton.
1. CALL TO ORDER
Committee Chair Celski called the meeting to order at 5:31 PM.
2. PUBLIC COMMENT (3 minutes)
Lynda Jenkins from the Historical Society spoke to the importance of adding historical route signs in Federal Way.
Jerry Knutzen, Treasurer, from the Historical Society mentioned several roadways through Federal Way that are of
historical importance and is very supportive of the historical route signs being placed in the City.
3. COMMITTEE BUSINESS
Forward to
Topic Title/ Description Council
A. Approval of Minutes: August 5, 2013 N/A
Committee approved the August 5, 2013, LUTC minutes as presented.
Moved: Burbidge Seconded: Noble - Gulliford Passed: Unanimously, 3 -0
B. 2013 -2015 DOE Capacity Grant September 17, 2013
Consent
Deputy Public Works Director Miller stated that in August of 2013, Washington State
Department of Ecology announced the availability of $50,000 in capacity grants for NPDES
related costs and $120,000 for planning and design of flow control water quality facilities.
Notice of Grant Acceptance Intent was submitted and there are no matching funds
required for this grant. Member Noble- Gulliford asked where the specific project will be.
Miller explained that there are several areas in mind but noted that this is the preliminary
planning stage of the process and more specific information about locations and specific
dollar amounts will be brought back for consideration.
Committee forwarded Option #1 as presented.
Moved: Burbidge Seconded: Noble - Gulliford Passed: Unanimously, 3 -0
C. SCATBd Agreement September 17, 2013
Consent
City Traffic Engineer Perez noted that the South County Area Transportation Board is a
group of agencies in south King County that jointly work on development of regional goals
and policies regarding all modes of transportation in south King County. The agreement
Committee Members city Staff
Bob Celski, Chair Ca4 M. Roe, P.E., Director of Parks, Public Works and Emergency Management
Jeanne Burbidge, Member Shawna Upton, Administrative Assistant H
Diana Noble - Gulliford, Member 253- 835 -2703
is updated every three years and this year it is up for renewal. A brief discussion continued
regarding the accomplishments that have been made up to this point and what the
benefits are of membership.
Committee forwarded Option #1 as presented.
Moved: Noble - Gulliford Seconded: Burbidge Passed: Unanimously, 3 -0
D. Historic US 99 Route Markers September 17, 2013
Consent
City Traffic Engineer Perez presented two samples of historic Route 99 signs that have
been donated to the City by Glenn Ulmer. The US Route system was the first nationally
designated system of highways prior to the interstate system. The City has begun to
highlight the historic street names in other areas of the city as signs are being replaced
already so the addition of the Route 99 signs is appropriate. Locations for posting the signs
are on S 348th Street and S 320th Street. Discussion was held regarding the potential of
additional historical signage in the future, costs of signs and the possibility of linking the
historical business to the historical route to increase tourism to local businesses.
Committee forwarded Option #1 as presented.
Moved: Noble- Gulliford Seconded: Burbidge Passed: Unanimously, 3 -0
Interlocal Agreement with Lakehaven Utility District for the Design and Construction of September 17, 2013
S 320th St at 20th Ave S Intersection Improvement Water Quality Vault Project Consent
Street Systems Project Engineer Mullen gave a brief summary of the project including costs
and proposed construction work. Lakehaven Utility District has water lines within the
project area that will need to be relocated. Deputy Public Works Director Salloum
commented that in an effort to reduce both cost and extended public disruption of the
area, the vault will be constructed on 20th Ave S instead of S 320th Street, by the city's
contractor, and actual construction costs incurred will be used to calculate the final cost
of Lakehaven Utility District's reimbursement to the City.
Committee forwarded Option #1 as presented.
Moved: Burbidge Seconded: Noble - Gulliford Passed: Unanimously, 3 -0
F. S 3201h St at 20th Ave S Intersection Improvements Water Quality Vault Project — 100% September 17, 2013
Design Status Report and Authorization to Bid Consent
Street Systems Project Engineer Mullen noted that Lakehaven Utility District originally
planned to construct the vault in conjunction with Phase I of the Downtown Sewer Critical
Capacity Project. Lakehaven is moving forward with Phase II, not Phase I, so they are
unable to construct this vault. The City would like to bid and construct this as a
stand -alone project.
Committee forwarded Option #1 as presented.
Moved: Noble - Gulliford Seconded: Burbidge Passed: Unanimously, 3 -0
G. Federal Way High and Sacajawea Middle School Pedestrian Connection (14th Ave S — September 17, 2013
S312 th St to S 308th St)— 30% Design Status Report Consent
Street Systems Project Engineer Mullen stated that this project is providing sidewalks
where they do not currently exist, a mini roundabout at 14th Ave S and S 308th St, a flashing
beacon at the pedestrian crosswalk on the east leg of the roundabout and street lighting
along S 308th Street. Mullen provided an estimate on the project timeline and costs.
Council member Honda asked if construction of the new high school will have any effect
on this project and Mullen noted that the City has been meeting with the school district to
confirm the location of improvements will coincide with the districts proposed design.
Member Noble - Gulliford asked if Public Works anticipates any redirection of traffic due to
Committee Members City Staff
Bob Celski, Chair Car$ M. Roe, P.E., Director of Parks, Public Works and Emergency Management
Jeanne Burbidge, Member Shawna Upton, Administrative Assistant II
Diana Noble- Gulliford, Member 253 - 835 -2703
the roundabout, asked what type of pedestrian improvements are being made and noted
a concern regarding pedestrian safety due to the senior housing in the area. Mullen added
continuous sidewalks are being added on both sides of the street. Perez commented that
no additional traffic diversion is expected because of the location of the roundabout and
expanded on the measures taken to address the senior pedestrian traffic in the area.
Committee forwarded Option #1 as presented.
Moved: Burbidge Seconded: Noble - Gulliford Passed: Unanimously, 3 -0
4. OTHER
5. FUTURE MEETINGS /AGENDA ITEMS:
The next LUTC meeting will be Monday, October 7, 2013 at 5:30 p.m. in City Hall Council Chambers.
6. ADJOURN
The meeting adjourned at 6:12 PM.
COMMITTEE APPROVAL:
Bob Celski, Chair
Jeanne Burbidge, Member
Attest:
Shawna Upton, Administrative Assistant II
Diana Noble - Gulliford, Member
Committee Members City staff
Bob Ce /ski, Chair Ca4 M. Roe, P.E., Director of Parks, Public Works and Emergency Management
Jeanne Surbidge, Member Shawna Upton, Administrative Assistant 11
Diana Nob /e- Gu/Gford, Member 253- 835 -2703
This page left blank intentionally.
COUNCIL MEETING DATE: October 15, 2013 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AMENDMENTS TO THE FWRC FOR URBAN AGRICULTURE
POLICY QUESTION: Should the City amend the Federal Way Revised Code (FWRC) to provide definitions for urban
agriculture uses and establish development regulations pertaining to the appropriate siting and character of such uses within
the City of Federal Way?
COMMITTEE: Land Use and Transportation
MEETING DATE: October 7, 2013
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Senior Planner, Janet Shull, AICP DEPT: Community and Economic
Development
Background: In March, 2012, the Federal Way City Council adopted Resolution 12 -617 directing staff to develop draft
comprehensive plan and zoning code amendments for urban agricultural uses. In the summer of 2012, CED staff applied for and
was awarded a grant for technical assistance from Forterra to assist with the development of urban agriculture policies and
regulations. On January 15, 2013, the City Council adopted Ordinance 13 -736 that established comprehensive plan polices
related to urban agriculture. The Planning Commission conducted a study session in January 16, 2013 and a public hearing on
September 18, 2013 at the close of which they recommended to the council approval of the staff recommendation with one
modification to the definition of Farmers Market (modified language shown on page 3 of Attachment 1 — Draft Adoption
Ordinance).
Attachments: 1) Draft Adoption Ordinance; 2) Staff Report to the Planning Commission with Exhibits A -D; 3) Draft Minutes
of the September 18, 2013, Planning Commission Public Hearing.
Options Considered: 1) Adopt the Mayor's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Mayor's
recommendation as further amended by the City Council; 3) Do not adopt the Mayor's recommendation.
MAYOR'S RECOMMENDATION: The Mayor recommends adoption of the proposed amendments as written in the Draft
Adoption Ordinance.
MAYOR APPROVAL: DIRECTOR APPROVAL:
-Con4ittee Council Committee Council
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
1s` READING OF ORDINANCE (OCTOBER 15,2013): "I move to forward the proposed ordinance to the November 5, 2013
meeting for second reading and enactment. "
2'"D READING OF ORDINANCE (NOVEMBER 5,2013): "I move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to urban agriculture; amending FWRC 19.05.010, 19.05.030,
19.05.060, 19.05.160, 19.05.210, 19.140.120, and adding new sections to
FWRC Chapters 19.195, 19.200, 19.205, 19.210, 19.215, 19.220, 19.225,
19.230, 19.235, 19.240, and adding a new chapter to FWRC Division
VII "Supplemental Zoning Regulations". (Amending Ordinance Nos.
12- 724,12- 720,11 -700, 09 -610, 09 -605, 09 -593, 08 -585, 07 -573, 07 -554,
06 -523, 05 -4879 05 -486, 99 -357, and 99 -348)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and
federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to
chapter 19.35 FWRC; and
WHEREAS, it is in the public interest for the City Council to adopt amendments to the
FWRC which establish development regulations for urban agriculture within the City of Federal
Way; and
WHEREAS, there is a great deal of community interest in locating urban agriculture uses
including farmers markets, community gardens and pea patches within the City of Federal Way;
and
WHEREAS, the FWRC does not currently define urban agriculture or provide clear
direction on the siting and appropriate development standards for such uses; and
Ordinance No. 13- Page I of 36
Rev 1 /10 LU
8 '1
WHEREAS, on March 20 2012, the City Council adopted Resolution 12 -617 that
directed staff to develop comprehensive plan and zoning code amendments for City Council
consideration related to urban agriculture; and
WHEREAS, staff applied for and was a awarded a grant from Forterra for technical
assistance with preparing draft comprehensive plan policies and regulations that address urban
agriculture; and
WHEREAS, Forterra staff conducted workshops on urban agriculture policies and
regulations with the public on September 12, 2012, October 15, 2012 and January 8, 2013; and
WHEREAS, on January 15, 2013, the City Council adopted Ordinance 13 -736 that
established comprehensive plan policies related to urban agriculture; and
WHEREAS, the Planning Commission conducted a public workshop on these proposed
code amendments on January 16, 2013; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly
issued for the Proposal on August 30, 2013, and no comments or appeals were received and the
DNS was finalized on September 27, 2013; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on September 18, 2013, and forwarded a recommendation of
approval with modification to the City Council as follows: (1) the definition of Farmers Market
shall be modified to read as follows:
"Farmers market" means a temporary (typically outdoor) or permanent (indoor
or outdoor) market where farmers, producers, and other vendors sell whole produce;
value -added agricultural products such as jams, jellies, and pickles; prepared food; plants;
flowers; meats; dairy products; shellfish and finfish; and other food - related products.
Ordinance No. 13-
9
Page 2 of 36
Rev 1/10 LU
Additionally, some vendors may sell non - food - related products and services; however,
the majority of products for sale shall be food - related products as determined by
the overall width of saleable space devoted to sale of food - related products.
Entertainment and other community activities may also be provided; however, these
activities shall be ancillary in nature and support the primary purpose of providing a
venue for farmers to sell fresh produce and other agricultural products.
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council
considered these code amendments on October 7, 2013, and recommended adoption of the text
amendments as recommended by the Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and
will benefit the City as a whole by providing predictability in terms of the review process and
applicable regulations that shall apply to the siting of urban agriculture uses within the city
limits.
(b) These code amendments comply with Chapter 36.70A RCW, Growth
Management.
(c) These code amendments are consistent with the intent and purpose of Title 19
FWRC and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
Ordinance No. 13-
10
Page 3 of 36
Rev 1 /10 LU
(d) These code amendments bear a substantial relationship to, and will protect and
not adversely affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the
FWRC.
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary for the
adoption of the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
LUG9 Provide access to healthy food resources for all residents through
opportunities for urban agricultural activities, such as farmers markets, farmstands,
community supported agriculture (CSA) drop -off sites, community gardens, pea
patches, school gardens, home gardens, and urban farms.
LUP51 Establish development regulations that allow for healthy food resources as a
permitted use and provide for on -site sale and delivery of healthy foods, on public
and private property, where appropriate.
LUG10 Encourage and support farmers market opportunities that are accessible to
all residents.
LUP53 Establish development regulations that allow for farmers markets as a
permitted use on public and private property, where appropriate.
Ordinance No. 13-
11
Page 4 of 36
Rev 1 /10 LU
(b) The proposed FWRC amendment bears a substantial relationship to the public
health, safety, and welfare because the text amendments clarify that the City of Federal Way is
supportive of urban agriculture uses that increase citizens access to locally grown, healthy foods,
while also increasing educational and economic opportunities associated with developing and
maintaining urban agriculture uses.
(c) The proposed amendment is in the best interest of the public and the residents of
the City of Federal Way because greater availability of locally grown, healthy foods and opportunities
to get involved in local urban agriculture activities will increase residents' access to healthy lifestyle
choices; whether it be access to healthier food and/or access to healthy outdoor activities by participating
in local urban farms and gardens.
Section 3. FWRC 19.05.010 is hereby amended to read as follows:
19.05.010 A definitions.
"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" includes
but is not 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 or structure which is subordinate and incidental in size, scale, design, or
purpose to the principal use or structure on the subject property, and supports the principal use or
structure without displacing or dominating it. See FWRC 19.265.010.
"Accessory dwelling unit (ADL9 " means either a freestanding detached structure, excluding outdoor
storage containers and similar structures used or designed to be used as living facilities, or an attached
part of a structure which is accessory 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. See FWRC 19.265.020. ADUs include:
(1) "ADU, 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) `ADU, detached" means a freestanding accessory dwelling unit that is not attached or physically
connected to the primary dwelling unit.
Ordinance No. 13-
12
Page 5 of 36
Rev 1 /10 LU
"Accessory living facility" 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.
"Active uses " means uses that by their very nature generate activity, and thus opportunities for natural
surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc.
"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.
"Administrator" for the purpose of sign regulations means the director or his/her designated
representative.
"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 in FWRC 19.05.190) and which
establishment excludes minors by virtue of age, and shall mean any of the adult entertainment
establishments as defined in FWRC 12.10.010.
(3) "Panorama" and `peepshow" shall mean as defined in FWRC 12.10.010.
(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 family home " means a residential home for which a person is licensed to provide personal care,
special care, room, and board to more than one, but not more than six, adults who are not related by blood
or marriage to the person or persons providing the services. The number of residents in an adult family
home may be no more than the total of the residents being provided services, plus a family that includes at
least one service provider. Any limitation on the number of residents resulting from this definition shall
not be applied to the extent it would prevent 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). This definition shall not be applied to the
extent that would cause a residential structure occupied by persons with handicaps, as defined in the
Federal Fair Housing Amendments Act of 1988, to be treated differently than a smaller residential
structure occupied by other related or unrelated individuals. See FWRC 19.105.080.
"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 in FWRC 19.05.190).
"Agricultural use" means any agricultural, stable or livestock use listed as an allowable use in the
suburban estate zones. See definition of "urban aviculture."
Ordinance No. 13-
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Page 6 of 36
Rev 1 /10 LU
"Air rights " means the right to control the use of the space above the surface of the ground.
"AKART" means "all known, available and reasonable methods of prevention, control and treatment,"
and is the most current methodology that can be reasonably required for preventing, controlling, or
abating the pollutants associated with a point or nonpoint discharge. See also "best management
practices."
"Alluvium " means soil deposits transported by surface waters.
Animal Care Facility. See definition of "animal kennel."
"Animal kennel" means any structure or premises in which animals are boarded (including day care) or
bred for a fee or compensation. Animal kennels may also offer grooming, training, sales of ancillary
items, and related activities.
"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.
"Applicant" means a person who, whether personally or through an agent, seeks, requests, or applies
for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC);
a person who is the owner of property subject to this title, and a person who is engaged, whether
personally or through an agent, in development activity. "Applicant" includes both the principal and any
agent.
"Aquifer" means a geological formation that is capable of yielding a usable amount of fresh water to a
well or spring.
"Arcade" means a linear pedestrian walkway that abuts and runs along the facade of a building. It is
covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its
open side. There may be habitable space above the arcade.
"Architectural embellishments for sign regulations " means the aesthetic elements of the structure that
includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the
sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements
surrounding or supporting the sign.
"Average building elevation (ABE) " means the average of the highest and lowest existing or proposed
elevations, whichever is lowest, taken at the base of the exterior walls of the structure, or it means five
feet above the lowest of the existing or proposed elevations, whichever is lowest. ABE is the elevation
from which building height is measured.
Ordinance No. 13-
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Page 7 of 36
Rev 1/10 LU
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Gatiation datum (AD E) Vk%aflan
"Average slope " means the average grade of land within each land area representing a distinct
topographical change.
"Awning" means a nonrigid, roof -like cover that projects from a building as a shelter, but that does not
project above the adjacent parapet or roof of a supporting building.
(Ord. No. 11 -700, § 3, 9- 20 -11; Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord.
No. 09- 593 „§ 24,1-6-09; Ord. No. 08 -585, § 3(Exh. A), 11 -4 -08. Code 2001 § 22 -1.1.)
Section 4. FWRC 19.05.030 is hereby amended to read as follows.
19.05.030 C definitions.
"Canopy” means a permanent, rigid, roof -like structure that projects from a building as a shelter, with
no habitable space above it, but that does not project above the adjacent parapet or roof of a supporting
building. A freestanding canopy is a rigid, roof -like structure providing shelter that is supported by one or
more posts embedded in the ground.
Cargo Containers. See "outdoor storage containers" and "portable moving containers."
"Cell -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.
"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.
"Clearing" means the destruction and removal of vegetation by manual, mechanical, or chemical
methods.
"Clearview zone " means the areas around intersections, including the entrance of driveways onto
streets, which must be kept clear of sight obstruction. See FWRC 19.135.300.
"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,
Ordinance No. 13-
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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 any truck over 10,000 pounds gross vehicle weight rating (GVWR), as
defined in RCW 46.25.010, which is typically used principally for the transportation of commodities,
vehicles, merchandise, produce, freight, or animals; as well as any bulldozers, backhoes, cranes, or
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:
(1) 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.
"Common space" means an area within a development, which is used primarily by the occupants of
that development, such as an entryway, lobby, courtyard, outside dining area, etc.
"Community gardens" means privately or publicly owned land used for the cultivation of fruits,
veaetables, plants, flowers, or herbs by multiple users. Community Gardens may be divided into
separate plots for cultivation by one or more individuals, or may be farmed collectively by
members of a aroup and may include common areas maintained or used by group members. Food
crown is typically for community Garden members or as a donation. See also the definitions for
"agricultural use," "urban aariculture," and "farm stand."
"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.
"Community service event" or "civic event" means an event or gathering (such as a food fest, concert,
fun run, cultural exhibition, or charitable fund- raising event) sponsored by a private or public nonprofit
organization. Sponsoring organizations can include, but are not limited to, schools, churches, and/or civic
fraternal organizations, theater and arts groups, and charitable organizations. The event may not be
primarily for the purpose of selling or promoting merchandise or services.
"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.
"Copy" for signs means the graphic content of a sign surface in either permanent or removable letter,
pictographic, symbolic, or alphabetic form.
" Cottage food operation" means a business licensed by the State of Washinaton to make low -risk
food products in a home kitchen and sell directly to consumers.
"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
Ordinance No. 13-
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(3) Developments meet a set of design criteria not applicable to typical single - family developments as
stipulated in Chapter 19.250 FWRC.
"Critical aquifer recharge areas " means areas in which water reaches the zone of saturation by
surface infiltration and includes areas hydrogeologically susceptible to contamination and contamination
loading potential including, but not limited to, 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 " means an area equal to 12 inches radius for every one inch of tree diameter
measured at four and one -half feet above ground.
"Cross- section (drawing) " means a visual representation of a 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 of the curb.
"Cut" means a portion of land surface or area from which earth has been removed or will be removed
by excavation. Also known as excavation.
(Ord. No. 12 -724, § 3, 6 -5 -12; Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord.
No. 09 -593, § 24,1 -6 -09; Ord. No. 08 -585, § 3(Exh. A), 11 -4 -08. Code 2001 § 22 -1.3.)
Section 5. FWRC 19.05.060 is hereby amended to read as follows.
19.05.060 F definitions.
"Facade " means the entire building front including the parapet.
"Family" means an individual; a group of not more than five individuals; or two or more individuals
related by not more than four degrees of affinity or consanguinity, including persons under legal
guardianship. Any limitation on the number of residents resulting from this definition shall not be applied
to the extent it would prevent 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). This definition shall not be applied to the
extent that it would cause a residential structure occupied by persons with handicaps, as defined in the
Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential
structure occupied by other related or unrelated individuals.
"Family day care" means a business regularly providing care during part of the 24 -hour day to 12 or
fewer persons, including children and/or adults, and the children, if applicable, of the day care provider,
in the family abode of the person or persons under whose direct care those receiving care are placed.
Family day care includes family day care homes for children as defined by RCW 35.63.170 and in -home
day care for adults. See FWRC 19.105.070.
"Farmers market" means a temporary (typically outdoor) or permanent (indoor or outdoor)
market where farmers, producers, and other vendors sell whole produce; value-added agricultural
products such as jams, iellies, and pickles; prepared food; plants; flowers; meats; dairy products;
shellfish and finfish; and other food - related products. Additionally, some vendors may sell non-
food- related products and services; however, the maiority of products for sale shall be food - related
products as determined by the overall width of saleable soace devoted to sale of food - related
products Entertainment and other community activities may also be provided; however, these
other activities shall be ancillary in nature and support the primary purpose of providing a venue
for farmers to sell fresh produce and other agricultural products.
Ordinance No. 13-
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"Farm stand" means a structure accessory to a community garden, urban farm, or cottaee food
ooReration for the display and sale of vegetables or produce, flowers, orchard products, animal
products, locally produced packaged food products, and similar products grown or produced on
the eeneral property on which the stand is located. See the definitions for "community eardens,"
cottage food operation," and "urban farm."
"Fast food 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 bairier or wall constructed for the purpose of enclosing space or separating
parcels of land.
"Festoons means a string of ribbons, tinsel, small flags, or pinwheels.
"Fill" means depositions of earth materials by artificial means.
"Fill material" means dirt, rock, gravel, broken concrete, and similar substances used to change the
level of the ground or to provide an even surface, but excluding topsoil, bark, rocks, or gravel placed on
the surface of the ground for gardening, landscaping, or ornamental purposes.
"Finished grade " means the final contour of the land surface prior to landscaping.
"Flag" means any piece of cloth of individual size, color and design, used as a symbol, signal,
emblem, or for decoration.
"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 of land. The narrow strip of land 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.
"Floor area" means the total area of a building floor plate in gross square feet.
"Frontage of a property" means the length of the property line along any public right -of -way on which
it borders. "Frontage of a building" means the length of an outside building wall on a public right-of-
way-
(Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord. No. 09 -593, § 24,1-6-09. Code
2001 § 22 -1.6.)
Section 6. FWRC 19.05.160 is hereby amended to read as follows.
19.05.160 P definitions.
"Panhandle lot" means flag lot.
"Parking area " means any area designed 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.
"Parking structure " means a building or structure consisting of more than one level, above and/or
below ground, and used for temporary storage of motor vehicles.
"Pea Patch garden" see the definition for "community gardens."
"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.
Ordinance No. 13-
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"Plaza" means a pedestrian space that is available for public use and is situated near a main entrance
to a building or is clearly visible and accessible from the adjacent right -of -way. Typical features and
furnishings include special paving, landscaping, pedestrian-scale lighting, seating areas, weather
protection, water features, art, trash receptacles, and bicycle racks.
"Portable moving containers " means new or used prefabricated units that can be rented by residential
or business customers for temporary accessory moving and storage activities, including, but not limited
to, such products trademarked as "PODS" (Personal on Demand Storage), "SAM" (Store and Move), and
"Door to Door." Such containers are typically delivered to a site by truck, left on site for a temporary
loading period, then retrieved by truck and delivered to another location, which may include a storage
facility. See FWRC 19.275.020.
"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 pertinent codes and regulations.
"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:
Ordinance No. 13-
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Page 12 of 36
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,----------- ._ ----------
,
Xlr R
f tM 2 !
r...y k
,
tale OWtY
X r
tar LAt ?l Lot 1
" f
a y t t
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tt lot a S*w
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M
Lot 2
Lot 1
7
----- --------------
POW
/ Not an arterial
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r
Flag Lot Setbacks
X (�� R
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s
f Lot 7
t f RI
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anoAcceu Eak"mg t
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- VIM-
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F = Front Yard
5 = Side Yarn
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 space" means a passive or active recreational area designed specifically for use by the general
public as opposed to serving merely as a setting for the building. Such areas may include parks, gardens,
plazas, entrance lobbies, arboretums, solariums, and bandstands, or an approved combination thereof, and
may contain exterior or interior spaces. Such areas shall be easily accessible from adjacent public areas
Ordinance No. 13-
20
Page 13 of 36
Rev 1 /10 LU
and available to the public at least 12 hours each weekday. Public on -site open space may be privately
owned, but must be permanently set aside and maintained for the use and benefit of the public.
"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.
(Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -593, § 24,1-6-09; Ord. No. 08 -585, § 3(Exh. A), 114-08. Code
2001 § 22- 1.16.)
Section 7. FWRC 19.05.2 10 is hereby amended to read as follows.
19.05.210 U definitions.
"Urban azriculture" is an umbrella term encompassing a wide range of activities involving the
raising, cultivation, processing, marketing, and distribution of food Urban agriculture land uses
include: community gardens, urban farms, cottage food operations, farm stands, and farmers
markets See also the definitions for "agricultural use," "community gardens," "cottage food
operation," "farm stand," and "farmers market."
"Urban farm" means privately or publicly owned land used for the cultivation of fruits,
veeetables, plants, flowers, or herbs by an individual, organization, or business with the primary
purpose of growing food for sale.
"Use" means the activities taking place on property or within structures thereon. Each separate listing
under the "Use" column in FWRC 19.195.010 through 19.245.010 is a separate use.
(Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -593, § 24, 1 -6 -09. Code 2001 § 22- 1.21.)
Section 8. FWRC 19.140.120 is hereby amended to read as follows.
Ordinance No. 13-
21
Page 14 of 36
Rev 1/10 LU
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Section 19. Title 19, Division VII, Supplemental Zoning Regulations, of the Federal Way
Revised Code is hereby amended to add a new chapter 19.19.262 to read as follows:
Chapter 19.262, "Urban Agriculturei1
Sections:
19.262.010 Purpose.
19.262.020 Applicability.
19.262.030 Community eardens and urban farms.
19.262.040 Farmers markets.
19.262.050 Farm stands.
19.262.060 Cottage food operations.
19.262.070 Accessory structures.
19.262.080 On -site sale of urban agriculture products.
19.262.010 Purpose.
The purpose of this chapter is to: (1) support urban agriculture uses, including community
gardens, urban farms, farmers markets, farm stands, and cottage food operations; (2) provide
oRportunities for Federal Way residents to access locally produced healthy foods; (3) increase local
food security; (4) reduce greenhouse gas production related to transport of fresh produce from
distant locations; (5) provide additional economic opportunities for Federal Way citizens; and (6)
ensure that urban agriculture uses are compatible with surrounding land uses.
19.262.020 Applicability.
This chapter establishes special regulations that govern urban agriculture. Urban agriculture
uses include community gardens, urban farms, farmers markets, farm stands, and cottage food
ooBerations as defined in FWRC 19.05. Urban agriculture does not include landscaping or gardening
that is incidental to any permitted use. In recognition of site - specific opportunities and constraints,
the director shall have the authority to allow for departure from the specific or numeric provisions
contained in these regulations, provided the end result is consistent with the purpose statement of
this chapter.
19.262.030 Community gardens and urban farms.
(1) Community garden and urban farm uses are permitted in any zone.
a. Applicants for community garden and urban farm uses shall submit a community
garden/urban farm management plan for director approval that addresses the potential impacts on
surrounding uses and natural systems and includes the followine:
L Off - street parking, if applicable;
H. Garden /farm management rules that will govern
Ordinance No. 13-
earden/farm users and /or employees;
M. Location, size, and type of any proposed accessory
structures;
iv. Processine and /or sale of food produced on site;
v. Storage and application of agricultural chemicals, including
fertilizers and pesticides, and a hazardous material
39
Page I of 36
Rev 1 /10 LU
checklist if site is located within a designated wellhead
protection zone;
A. Location and plans for composting facilities;
vii. Mechanical equipment to be used on site;
viii. Stormwater management; and
ix. Soil testing if site is located within area designated as
Potentially contaminated at greater than 20 parts per
million (ppm) by the Tacoma smelter plume.
b. Written notice shall be provided by mail for community garden and urban agriculture
uses that are larger than 10,000 square feet in size and located within a residential zoning district,
to persons receiving property tax statements for all properties within 300 ft. of each boundary of
the subject property. The notice shall contain the following information:
i. The name of applicant and, if applicable, the project name.
ii. The street address of the subiect property, or if this not
available, a description of the location of the property in
nonlegal laneuage, alone with a vicinity map that identifies
the subiect property.
W. A statement of the right of any person to submit written
comments to the director regarding the application within
14 days of the date of the notice.
iv. A statement that only the applicant, persons who submit
written comments to the director, or persons who
specifically request a copy of the original decision may
appeal the director's decision.
c. The director shall approve the proposed community garden/urban farm use upon
finding that the proposal adequately addresses the following criteria:
L The proposed use does not negatively impact sensitive areas
on or adiacent to the subject site;
ii. The proposed use will not result in excessive noise or
emissions that are not typically associated with operation of
household mechanical equipment;
W. Applicable provisions of FWRC Chapter 19.120 "Clearing,
Gradine, and Tree and Vegetation Retention" are
addressed;
iv. On -site parking needs, if any, are addressed; and
v. On -site contaminated soils, if any, are addressed.
d. The director may condition or modify the community garden/urban agriculture
proposal as necessary to ensure the above criteria are met.
19.262.040 Farmers markets.
Ordinance No. 13-
40
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(1) Farmers markets are permitted as a temporary use in all zones subject to the requirements
of FWRC Chapter 19.275, "Temporary Uses."
(2) Farmers markets are permitted as a permanent use in all non - residential zones that allow
retail use.
19.262.050 Farm stands.
(1) Farm stand uses are permitted in any zone as an accessory use to any permitted urban
agriculture use for the purpose of on -site sale of urban agricultural products subiect to the
following criteria:
a. Farm stands are limited to 200 square feet in area and shall be no more than 15 ft. in
height•
b. No more than one farm stand shall be permitted on a subiect site.
c. Farm stands sball be desi¢ned to be temporary and portable structures and shall not be
Permanently affixed to the ground.
d. See FWRC 19.262.080 for requirements related to on -site sale of urban agriculture
products.
19.262.060 Cottage food operations.
(1) Cottage food operation uses are permitted in any zone as an accessory use to a permitted
use subiect to the following criteria:
a. Cottage food operations shall adhere to the requirements of RCW 69.7.100 and RCW
69.07.120.
b. Cottage food operations shall adhere to the requirements of FWRC 19.270 "Home
Occupations"
19.262.070 Accessory structures.
Accessory structures supportive of the urban agriculture use are allowed on the subiect
property subiect to the following reeulations:
(1) Structures that are considered accessory to urban agriculture uses include greenhouses and
sheds, and similar structures as determined by the director. Structures like hoophouses and
coldframes that are less than six ft. tall and are portable, not affixed to a foundation, and have no
floor, are typically not considered structures under this section. (See FWRC 19.262.050 for
requirements specific to "farm stands. ")
(2) Accessory structures in residential zoning districts must adhere to the following
requirements:
a. The cumulative site area occupied by accessory structures supportive of urban
agriculture shall not occupy more than ten percent of the lot area, or 1,000 square feet, whichever is
less.
b. Accessory structures supportive of urban agriculture shall be equal to or less than 15 ft.
in height.
19.262.080 On -site sale of urban agriculture products.
(1) On -site sale of urban agriculture products at community garden or urban farm sites is
limited to plants and food grown on site, or food products made from food grown on site, such as
iams and pickles.
Ordinance No. 13- Page 3 of 36
Rev 1/10 LU
41
(2) On -site sale of urban agriculture products in residential zoning districts taking place via
farm stands must adhere to the following requirements:
a. On site sales are limited to the calendar period between May 1 and October 31.
b. On -site sales are limited to the hours of 8 am to 7 pm.
c. Commercial pickups and deliveries are limited to one a day.
(3) A business registration may be required per the requirements of Title 12, FWRC. In
general, business registration for on -site sale of urban agriculture products shall apply as follows:
a. An applicant for an on -site sales use that meets the parameters of FWRC 19.275 may
apply for a temporary business registration.
b. An applicant for an on -site sales use associated with a principal residential use may
apply for a home occupation business registration.
'Cross references: Licenses and business regulations, FWRC Title 12: business registration fee for home occupations,
FWRC 12.05.090: animals, Chapter 19.260 FWRC.
Section 20. 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 21. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 22. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 23. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
Ordinance No. 13-
42
Page 4 of 36
Rev 1 /10 LU
PASSED by the City Council of the City of Federal Way this day of
20
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 13-
43
Page S of 36
Rev 1/10 LU
4k
CITY OF
Federal Way
STAFF REPORT TO THE PLANNING COMMISSION
Amendments to Federal Way Revised Code (FWRQ as follows:
Chapter19.05, "Zoning and Development in General," and Chapter 19.140,
"Signs, "; a new Chapter within Division VII, "Supplemental Development
Regulations," and New Urban Agriculture Use Zone Charts for Each of the
Existing Zoning Districts
File No. 13-100902-00-UP
Public Hearing of September 18, 2013
I. BACKGROUND
This staff report presents recommended amendments to the Federal Way Revised Code (FWRC) for
urban agriculture uses that are currently found, or likely to be sited, within the City of Federal Way.
It also provides background information on earlier work done regarding urban agriculture and
access to healthy food in Federal Way through the Communities Putting Prevention to Work
(CPPW) grant in 2010 -2012, and the technical assistance provided by Forterra via the
Environmental Protection Agency's (EPA) Building Sustainable Communities grant.
There is currently no reference to urban agriculture in the FWRC. Therefore, whether or not land use
review is required and the type of land use review process associated with proposed urban
agriculture uses has been interpreted on a case -by -case basis. Staff has been working with Forterra
and Urban Food Link on review of our current code and the development of recommendations for
regulating urban agriculture uses in Federal Way.
What do we mean by "urban agriculture"? The following graphic was adopted along with 2013
policy amendments to the Federal Way Comprehensive Plan (FWCP) and illustrates the various
types of land use activities that can be characterized as urban agriculture.
Urban Agricultur
in Federal Way
Canmun Srhooi Hare Pea- Urban Farmers CSA dr
gardens gardens gardens patches farms Farmstands markets pr cane off sites
44
The primary issues being considered in the proposed amendments to Federal Way development
regulations include:
• The FWRC does not contain a definition of "urban agriculture," or any of the
associated land use activities.
• The use zone charts in FWRC Title 19 do not specify "urban agriculture," or any of
the associated land use activities as a permitted use in any of the zones (the Suburban
Estates [SE] zone currently allows commercial agriculture, which is an entirely
different type and scale of agricultural use).
• Some, but not all, urban agriculture uses may have development characteristics such
as parking, noise, stormwater impacts, or signage, which need to be considered in
review of such uses.
• What is appropriate in residential as compared with commercial zones should be
given consideration.
EXISTING URBAN AGRICULTURE IN FEDERAL WAY
The graphic on the preceding page shows the types of urban agriculture that exist or are likely to be
proposed in Federal Way. The following is a summary of existing urban agriculture uses found in
Federal Way.
Home Gardens: Home gardens are simply private residential gardens where food is being grown
for the use of the residents. These gardens can be found throughout the city's residential areas and
are not/will not be regulated. Home gardens are allowed as an accessory use to a residential use
without any land use permit. Therefore, home gardens are not specified in the proposed code
amendment.
Community Gardens and School Gardens: Community gardens have been getting a great deal
of attention in Federal Way. With the formation of the Federal Way Community Gardens
Foundation, and in particular the guidance of CEO Mike Stanley, two large community gardens and
a number of smaller elementary school gardens have been developed and are providing healthy
organic produce for Federal Way's low income residents. The success of these gardens has inspired
other groups to develop community gardens, for example, the Light of Christ Community Garden
that celebrated its first harvest season in 2012.
School gardens have been developed at a number of Federal Way elementary schools in partnership
with the Federal Way Community Gardens Foundation as discussed above. The Federal Way
Community Gardens Foundation is working with the school district on an ongoing basis to expand
the gardens to additional schools throughout the district.
Farmers Markets: The Federal Way Farmers Market is a successful and popular seasonal
Saturday market located in the City Center. The Farmers Market is looking at options to expand
locations and/or days of the week and also operated a holiday market indoors at the Commons Mall
during the 2012 holiday season.
EXISTING REGULATIONS RELATED TO URBAN AGRICULTURE
The FWRC is largely silent on urban agriculture as a land use. There is one reference to
commercial agriculture in the Suburban Estates (SE) zoning district, which is the city's large, rural
lot zone with a minimum lot size of five acres. The type of agriculture use considered for the SE
zone is more typical of what would be found in rural areas, with consideration of the use of farm
equipment and more emphasis on the keeping of animals than typically found in urban areas.
Urban Agriculture Staff Report 45 Page 2
Planning Commission Public Hearing September 10, 2013
Farmers markets are referenced in the FWRC as a permitted temporary use. This has worked rather
well for the Federal Way Farmers Market in its current operation model as it meets the parameters
of a temporary use. However, the Federal Way Farmers Market could take on a permanent
character as many do in other cities.
CPPW GRANT - FUNDED FOOD ACCESS STUDY
In the spring of 2010, the City of Federal Way received grant funding from Public Health Seattle -
King County through the Federal Center for Disease Control's Communities Putting Prevention to
Work (CPPW) program. The work under this grant resulted in the development of a report entitled
"The Food Landscape in Federal Way, Washington" by Urban Food Link and the University of
Washington Northwest Center for Livable Communities. This study examined the number and
location of healthy food vendors (supermarkets, grocery stores, farmers markets) and unhealthy
food vendors, (fast food, convenience stores). Some of the key findings included:
• Federal Way has almost four times as many unhealthy as health food vendors.
• Over 85% of the city's geographic area is greater than % mile from a supermarket.
• There are some areas with a high percentage of low income residents who do not live
within walking distance of a supermarket, making access to healthy food more
difficult for those residents, especially if they do not own a car.
• Federal Way has a higher rate of obesity and other health- related issues than King
County as a whole.
The recommendations of the Food Landscape Report were shared with the Planning Commission
and City Council. The City Council adopted Resolution 12 -617 in March 2012 that directed staff to
develop draft comprehensive plan and zoning code amendments for City Council consideration that
apply the recommendations of CPPW grant - funded study related to urban agriculture.
THE EPA BUILDING SUSTAINABLE COMMUNITIES CONSORTIUM GRANT
Within a few months of completing work on the CPPW grant- funded program, planning staff
learned of the opportunity to apply to Forterra for assistance with furthering the work of the CPPW
grant on healthy food access and urban agriculture in particular. We applied for the technical
assistance grant provided by Forterra staff through the EPA's Building Sustainable Communities
Consortium program. Federal Way was one of six communities to receive grant resources through
Forterra and the EPA - funded program. This has been a great opportunity for Federal Way as
without the assistance of Forterra, we would not have had the resources to advance work on the
comprehensive plan policy and regulations related to urban agriculture in 2012/13.
Community Outreach and Input
Forterra staff conducted workshops on urban agriculture policies and development regulations with
the public on September 17, 2012, October 15, 2012, and January 8, 2013, and reached out to
citizens representing the Farmers Market, Community Gardens, interested individuals, and elected
and appointed officials. The workshops were very interactive with a great deal of discussion
amongst workshop participants.
Development and Adoption of Urban Agriculture Policies for the Comprehensive Plan
The first product of the work with Forterra under the EPA grant was the development of urban
agriculture policies for the comprehensive plan. These policies were reviewed by the Planning
Commission and adopted by the City Council on January 15, 2013.
Urban Agriculture Staff Report 46 Page 3
Planning Commission Public Hearing September 10, 2013
H.
Development of Recommended Strategies for Regulations
Following preparation of draft Urban Agriculture Policies, Forterra and their subconsultant Urban
Food Link turned their attention to review of our existing development regulations. The result of
that review was a series of recommendations that were the subject of a study session with the
Planning Commission in January of 2013. Prior to the Planning Commission study session, the
recommendations were shared in public workshops facilitated by Forterra with the same group of
interested parties who participated in the policy development workshop.
The Planning Commission reviewed and provided comment on the recommended code amendments
that have been considered in development of the proposed code language contained in attached
Exhibits A -D. One of the comments was a request to not specifically define home gardens as an urban
agriculture use as they are outright permitted uses customarily found in association with residential
and, in certain cases, commercial uses. In addition, the consensus of the Planning Commission was to
keep the regulations simple and straight forward. The Planning Commission is being asked to review
the proposed changes to FWRC Title 19 (Exhibits A -D), and forward a recommendation to the City
Council's Land Use/Transportation Committee (LUTC) and City Council. This proposed code
revision was listed as a "High Priority" in the Planning Commission's 2012 and 2013 work program.
SUMMARY OF PROPOSED CODE AMENDMENTS
The proposed amendments to the FWRC Title 19, "Zoning and Development Code," would achieve
the following:
• Add definitions for various types of urban agriculture uses within FWRC Chapter 19.05.
• Add a new code section in FWRC Division VII "Supplemental Zoning Regulations" that
specifies requirements for reviewing and approving urban agriculture uses.
• Add "Urban Agriculture" use zone charts for each of the existing zoning districts in the city.
• Amend Table 1 and Table 2 of FWRC Chapter 19.140 "Signs" to allow for identification
signs for urban agriculture uses as appropriate.
The following sections provide summaries of each of the proposed code amendments. The
proposed text is enclosed in Exhibits A -D.
1. Adopt zoning code definitions for the following:
• Urban Agriculture (overarching definition under which the following definitions
would fall)
• Community Garden (this definition would also include what are typically
referred to as "pea- patches ")
• Urban Farm
• Farmers Market
• Farm Stand
• Cottage Food Operation
The following table contains the recommended definitions:
Urban Agriculture Staff Report 47 Page 4
Planning Commission Public Hearing September 10, 2013
Table 1. Urban Agriculture Definitions
Term
Definition
Urban
Is an umbrella term encompassing a wide range of activities involving the
Agriculture
raising, cultivation, processing, marketing, and distribution of food. Urban
agriculture land uses include: community gardens, urban farms, cottage food
operations, farm stands, and farmers markets. See also definitions for
"agricultural use," "community gardens," "cottage food operation," "farm
stand," and "farmers market." (Reference Exhibit A5)
Community
Means privately or publicly owned land used for the cultivation of fruits,
Gardens
vegetables, plants, flowers, or herbs by multiple users. Community gardens may
be divided into separate plots for cultivation by one or more individuals, or may
be farmed collectively by members of the group and may include common
areas maintained for use by group members. Food grown is typically for
community garden members or as a donation. See also definitions for
"agricultural uses," "urban agriculture," and "farm stands." (See Exhibit A2)
Pea Patch
See definition for "community garden." (See Exhibit A4)
Garden
Urban Farm
Means privately or publicly owned land used for the cultivation of fruits,
vegetables, plants, flowers, or herbs by an individual, organization, or business
with the primary purpose of growing food for sale. (See Exhibit A5)
Farmers Market
Means a temporary (typically outdoor) or permanent (indoor or outdoor) market
where farmers, producers, and other vendors sell whole produce; value -added
agricultural products such as jams, jellies, and pickles; prepared food; plants;
flowers; meats; dairy products; shellfish and fmfish; and other food - related
products. Additionally, some vendors may sell non - food - related products and
services; however, the majority of products for sale should be food - related
products. Entertainment and other community building activities may also be
provided; however, these other activities shall be ancillary in nature and support
the primary purpose of providing a venue for farmers to sell fresh produce and
other agricultural products. (See Exhibit A3)
Farm Stand
Means a structure accessory to a community garden, urban farm, or cottage
food operation, for the display and sale of vegetables or produce, flowers,
orchard products, animal products, locally- produced packaged food products,
and similar products grown or produced on the general property on which the
stand is located. See definitions for "community gardens," cottage food
operation," and "urban farm" (See Exhibit A3)
Cottage Food
Means a business licensed by the State of Washington per WAC 16.149 to
Operation
make low -risk food products in a home kitchen and sell directly to consumers.
(See Exhibit A2)
2. Modify existing "Tables of Sign Allowances" in FWRC 19.140.120 to allow identification
signs for urban agriculture uses.
Signage is important for identification, and in some cases, educational purposes. During the
development stages of the proposed code amendments, the need for signs was discussed with
representatives of the Federal Way Farmers Market and Federal Way Community Gardens
Foundation. In order to meet the needs of urban agriculture uses to communicate their location
to interested citizens, the following modifications to the FWRC are proposed:
Urban Agriculture Staff Report 48 Page 5
Planning Commission Public Hearing September 10, 2013
a. Modify existing Table 1 to add "Farmers Market" to the existing category of "Civic event,
or community service event," to allow both temporary and permanent signs subject to
existing standards for these types of uses. (See Exhibit B 1)
b. Modify existing Table 2 to allow for signage for urban agriculture uses in residential zones
similar to the types of signs allowed other community -based uses typically found in
residential zones such as parks, schools, day cares, preschools, and places of worship. (See
Exhibit 132)
3. Modify existing use zone chart for "Raising of Agricultural Crops" in the Suburban
Estates (SE) zone to add urban agriculture uses to list of permitted uses in this zone and
add new use zone charts entitled "Urban Agriculture" for all remaining zoning districts.
The table below summarizes what types of urban agriculture uses would be allowed in existing
commercial and residential zones in Federal Way.
Table 2. Urban Agriculture in Federal Way Zoning Districts
Type
Commercial
Residential
Notes
Zones
Zones
Community
P
P
1. Community gardens proposed in
Garden
(see note 1)
residential zones that exceed 10,000
square feet shall be required to
provide public notice to neighboring
property owners.
Urban Farm
P
P (see note 1)
1. Urban farms proposed in residential
zones that exceed 10,000 square feet
shall be required to provide public
notice to neighboring property
owners.
Farmer's
P (see note 1)
P (see note 2)
1. Permitted in commercial zones that
Market
allow retail use.
2. Allowed as a temporary use per
FWRC 19.275, "temporary uses."
Farm Stand
P -A (see note 1)
P -A (see note 1)
1. Allowed as an accessory use to
community garden, urban farm, and
cottage food operations.
Cottage Food
P -A
P -A (see note 1)
1. By state law, these uses are to be
Operation
(see notes land 2)
considered as and comply with local
home occupation standards, as well
as state health standards.
2. In commercial zones, these uses
would typically only be proposed as
accessory to existing residential uses.
Key: P = "permitted "; P -A = "permitted as an accessory use"
In addition to the above, the use zone charts provide special notes that address the following:
Urban Agriculture Staff Report 49 Page 6
Planning Commission Public Hearing September 10, 2013
• Community garden and urban farm proposals will be reviewed utilizing "Process P'
administrative review, and public notice will be required in cases where gardens /farms
greater than 10,000 square feet are proposed in residential zones.
• Parking needs, if any, will be determined on a case -by -case basis.
• Height limits and setbacks for community gardens and urban farms varies by zoning
district, but will be similar to other uses typically allowed in the respective zoning district.
• Community garden and urban farm planting areas may be located within required yards and
perimeter planting areas as long as the intent of the landscaping standards for the zoning
district is met.
• See Exhibits C1 through C10 for detailed specific recommended development standards
proposed for urban agriculture uses in each zoning district.
4. Add a new chapter to FWRC Title 19 Division VII, "Supplemental Zoning Regulations,"
entitled "Urban Agriculture."
Development regulations and procedural requirements specific to urban agriculture are proposed
to be located in a new chapter of the FWRC under the "Supplemental Zoning Regulations"
section. This code section is referred to in each of the proposed new "Urban Agriculture" use
zone charts. This section of the code provides a direct point of access to the development
regulations specific to a particular use of land and is where one can find regulations related to
the keeping of animals, home occupations, and temporary uses, for example.
The following are proposed elements of the urban agriculture supplemental development
regulations:
1. Community gardens and urban farm uses will submit a management plan that addresses
general operational standards including:
a. Proposed equipment and chemical usage;
b. Off -street parking if applicable;
c. Garden/farm rules for users and/or employees;
d. Location and plans for composting facilities;
e. Stormwater management;
f. Soil testing if the site is located within the area impacted by the Tacoma smelter
plume; and
g. Neighborhood notice if the proposed garden/farm is located in a residential zone
and is larger than 10,000 square feet.
2. Farm stands will be limited to no more than one per site, no more than 200 square feet,
and must be temporary and portable.
3. Cottage food operations must adhere to existing home occupation standards.
4. Accessory structures such as greenhouses and sheds are limited in size and square
footage in residential zoning districts.
5. On -site sales of urban agriculture products is allowed subject to limitations on hours,
calendar dates, and number of commercial deliveries/pick up when located in residential
zones.
In summary, the proposed supplemental development regulations for urban agriculture uses
place greater limitations on the operational and physical characteristics when located in
residential zoning districts. This is recommended in order to ensure that the residential nature of
existing neighborhoods in not negatively impacted by noise, odor, stormwater runoff, or traffic
that could potentially be generated by an urban agriculture use.
Urban Agriculture Staff Report 50 Page 7
Planning Commission Public Hearing September 10, 2013
III. PROCEDURAL SUMMARY
9/30/13: Public Notice of 9/18/13 Planning Commission public hearing published and posted.
9/30/13: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental
Policy Act (SEPA).
9/13/13: End of SEPA comment period.
9/27/13: End of SEPA appeal period.
IV. PUBLIC COMMENTS
No comments were received as a result of the public notice actions as of the date of this report.
In addition to the required public notice measures outlined in Section III above, Forterra conducted
a stakeholder meeting on September 9d' to discuss the proposed draft code amendments with
interested citizens. Staff attended that meeting to receive input on the draft code amendments and
answer any questions citizens had on the proposed regulations. Overall, citizen response to the draft
code amendments was positive, and the Planning Commission should anticipate that there will be
citizens in attendance at the public hearing to speak to the proposed code amendments.
V. REASON FOR PLANNING COMMISSION ACTION
FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning
code text amendments. Consistent with Process VI review, the role of the Planning Commission is
as follows:
1. To review and evaluate the proposed zoning code text regarding any proposed amendments.
2. To determine whether the proposed zoning code text amendments meet the criteria established
in FWRC 19.80.130.
3. To forward a recommendation to the City Council regarding adoption of the proposed zoning
code text amendments.
VI. DECISIONAL CRITERIA
FWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section
analyzes compliance of the proposed zoning text amendments with the criteria provided by this
chapter. The city may amend the text of the FWRC only if it finds that:
1. The proposed amendments are consistent with the applicable provisions of the
comprehensive plan.
The proposed FWRC text amendments are consistent with the following Federal Way
Comprehensive Plan (FWCP) policies and goals:
Urban Agriculture Staff Report 51 Page 8
Planning Commission Public Hearing September 10, 2013
Goal
LUG9 Provide access to healthy food resources for all residents through opportunities for
urban agricultural activities, such as farmers markets, farmstands, community supported
agriculture (CS-4) drop -off sites, community gardens, pea patches, school gardens, home
gardens, and urban farms.
Policy
LUP51 Establish development regulations that allow for healthy food resources as a permitted
use and provide for on -site sale and delivery of healthy foods, on public and private property,
where appropriate.
Goal
LUG 10 Encourage and support farmers market opportunities that are accessible to all
residents.
Policy
LUP53 Establish development regulations that allow for farmers markets as a permitted use on
public and private property, where appropriate.
2. The proposed amendments bear a substantial relationship to public health, safety, or
welfare.
The proposed FWRC text amendments bear a substantial relationship to the public health, safety,
and welfare because the text amendments will clarify that the City of Federal Way is supportive
of urban agriculture uses that increase citizens access to locally grown, healthy foods, while also
increasing educational and economic opportunities associated with developing and maintaining
urban agriculture uses.
3. The proposed amendments are in the best interest of the residents of the city.
The proposed FWRC text amendments are in the best interest of the residents of the city because
greater availability of locally grown, healthy foods and opportunities to get involved in local
urban agriculture activities will increase residents' access to healthy lifestyle choices; whether it
be access to healthier food and/or access to healthy outdoor activities by participating in local
urban farms and gardens.
VII. STAFF RECOMMENDATION
Based on the above staff analysis and decisional criteria, staff recommends that the following
amendments to FWRC Title 19, "Zoning and Development Code," be recommended for approval to
the Land Use/Transportation Committee (LUTC) and City Council.
1. Modifications to FWRC 19.05 "Zoning and Development in General" and 19.140.120 "Tables
of Sign Allowances'; modifications to existing "Raising of Agricultural Crops" use zone chart
for SE zone and new use zone charts for Urban Agriculture in all existing zoning districts; and
the addition of FWRC 19.262, "Urban Agriculture" as identified in Exhibits A -D.
Urban Agriculture Staff Report 52 Page 9
Planning Commission Public Hearing September 10, 2013
VIII. PLANNING COMMISSION ACTION
Consistent with the provisions of FWRC Chapter 19.80.240, the Planning Commission may take
the following actions regarding the proposed development code text amendments:
1. Recommend to the City Council adoption of the FWRC text amendments as proposed;
2. Modify the proposed FWRC text amendments and recommend to the City Council adoption of
the FWRC text amendments as modified;
3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or
4. Forward the proposed FWRC text amendments to the City Council without a recommendation.
M
Exhibit Al AS— FWRC 19.05.010, 19.05.030, 19.05.060, 19.05.160, and 19.05.210: Modifications
to "A, C, F, P, and U Definitions"
Exhibit BI -B2 — FWRC 19.140.120, Modifications to "Tables of Sign Allowances"
Exhibit CI -CIO —FWRC 19.195.030 Modifications to, "Raising agricultural crops," in the SE zone
and new use zone charts for urban agriculture in all other existing zoning districts
Exhibit D — FWRC Division VII, New Chapter in Division VII, "Supplemental Zoning
Regulations"
K:\2012 Code Amendments \Urban Agriculture\Planning Commission \091813 Public Hearing Memo
Urban Agriculture Staff Report Yage 1 u
Planning Commission Public Hearing 53 September 10, 2013
EXHIBIT Al
Federal Way Revised Code (FWRC)
Chapter 19.05, "Zoning and Development in General'
19.05.010 A definitions.
"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 tltu:property. "Abandoned" includes
but is not 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 7ercent for a period of 60 or
ry
more consecutive days; or "
(3) The antenna has been relocated at a point les's 80 percent of the hei of the support structure;
or k � N,
(4) The number of transmissions from an antenna lies been reduced by 75 percent for a period of 60 or
more consecutive days.
"Accessory " means a use or structure`which is subordinate ii +"cidental in size, scale, design, or
purpose to the principal use or structure col 6,#Ubtect propertyAwd supports the principal use or
structure without displacing or dominatingiL S&d1MWRC 19.265'0iQx
"Accessory dwelling unit (AD&q " means aer a estanding detached structure, excluding outdoor
storage containers and similar ctures used "e ,designer 6be,used as °sl ag facilities, or an attached
part of a structure whicMAaxes ±>ory to the maim ox prin fw'elling unitlocated on the subject property,
providing complete, m4ependent hying facilities a ieWively for one single housekeeping unit, including
permanent provisions f4 lying, sleep, cooking and3 anitation. See FWRC 19.265.020. ADUs include:
(1) "ADU, attached" in " , an accessory dwelling*, 't that has one or more vertical and/or horizontal
walls in com onmath or attached to'tlte p�ri nary „dwelling unit.
(2) "AL?IItetaclie” means a freestanding accessory dwelling unit that is not attached or physically
conne the primary+dwelling unit. ;
"Acce� living facility*`sneans an area or structure on the subject property, which is accessory to a
permitted a apn a commerciat'subject property, providing provisions for living, cooking, sleeping and
sanitation for aA employee on the` dbiect property and that employee's family, or for the business
owner /operator a fiat person's family.
5,,
"Active uses " meahs uses that bar their very nature generate activity, and thus opportunities for natural
surveillance, such as p1�tu areas, acurricular school activities, exercise groups, etc.
"Adjoining" means property the touches or is directly across a street from the subject property. For
the purpose of height regulate any portion of a structure which is 100 feet or more from a low density
zone is not considered to be adjoining that zone.
"Administrator" for the purpose of sign regulations means the director or his/her designated
representative.
"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
FWRC 19.05.010 A Definitions Exhibit Al Page 1
54
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 in FWRC 19.05.190) and which
establishment excludes minors by virtue of age, and shall mean any of the adult entertainment
establishments as defined in FWRC 12.10.010.
(3) "Panorama" and `peepshow" shall mean as defined in FWRC 12.10.010.
(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 =4v ily in conformance to the
requirements as stated for that use.;
"Adult family home " means a residential home for which**rson is °licensed to provide personal care,
special care, room, and board to more than one, but notAbretiian six, add fts who are not related by blood
or marriage to the person or persons providing the s I ""i6's. The number of residents in an adult family
home may be no more than the total of the residen Wng provided services, phts a family that includes at
least one service provider. Any limitation on then or, of residents resulting �n.`this definition shall
not be applied to the extent it would prevent the city 441 to g nable accommcjdations to disabled
persons in order to afford such persons Baal opportunity sent "enjoy a dwelling squired by the
Fair Housing Amendments Act of 198g�SC 3604(f)(3)(iis definition shall not be applied to the
;c.
extent that would cause a residential strucre'o �Zeated d by pers�swith handicaps, as defined in the
Federal Fair Housing Amendments Act of 088,16 differritly than a smaller residential
structure occupied by other related or unrelate indihE -See FWR019.105.080.
r.,
"Adult- oriented merchandhie *!shall mean an goods, ' commodities, or other wares,
`� am hlets, posters, cards,
including, but not limit a ter; videos, �D -ROMs, � books, p p
periodicals, or nonclotlig noveltiesch depict;r or simiglate "specified anatomical areas" or
"specified sexual activiti es''`(defined WRC 19 090).
Agricultural use means agr��l stable dt`yestock use listed as an allowable use in the
suburban estaio See defiltrf irlit sagr`ic re."
"Aar A neap the right to ca rol the useffic the space above the surface of the ground.
"AK1 t3"' means "all known, aval"de and reasoi a e methods of prevention, control and treatment,
an d is thebst current metho$ts}ogy tha''an be reasonably required for preventing, controlling,, or
abating the d utants associated with a poiirt or nonpoint discharge. See also "best management
practices."
"Alluvium " mew soil deposits trinsported by surface waters.
Animal Care Fact, hj ,,See definAi of "animal kennel."
"Animal kennel" meads any su", re or premises in which animals are boarded (including day care) or
bred for a fee or compensation: Animal kennels may also offer grooming, training, sales of ancillary
items, and related activities.
"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.
FWRC 19.05.010 A Definitions Exhibit Al Page 2
55
(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.
"Applicant" means a person who, whether personally or through an agent, seeks, requests, or applies
for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC);
a person who is the owner of property subject to this title, and a person who is engaged, whether
personally or through an agent, in development activity. "Applicant" dudes both the principal and any
agent. f
"Aquifer" means a geological formation that is capable of yielding a usable amount of fresh water to a
well or spring.
"Arcade" means a linear pedestrian walkway that abuts anilruns alcingKthe facade of a building. It is
covered, but not enclosed, and open at all times to public use.- Typically;f a line of columns along its
open side. There may be habitable space above the, arcade:
`Architectural embellishments for sign regulations'' means the aesthetic el*ients of the structure that
includes or encloses a sign. They do not include any copy, text, logos, graphics, o� ether elements of the
sign face or sign base, but are solely intended to enhancclthe aesthdi cs of the structurai.elements
surrounding or supporting the sign.'''.
"Average building elevation (ABE)'?ttte04s,the average ofthe highest and lowest existing or proposed
elevations, whichever is lowest, taken at t e b�s6 of the exterior* s of the structure, or it means five
feet above the lowest of the existing or proposed elevations, whichnuet,is lowest. ABE is the elevation
from which building height is measured.
4
k_
k
f
! k
f X i f
t k
, k
Fktotion dwurn(MM sevoiOn
"Average slope " mead ""' grade of land within each land area representing a distinct
topographical change.,`
"Awning" means a nonrigid, roof -like cover that projects from a building as a shelter, but that does not
project above the adjacent parapet or roof of a supporting building.
(Ord. No. 11 -700, § 3, 9- 20 -11; Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord.
No. 09 -593, § 24,1-6-09; Ord. No. 08 -585, § 3(Exh. A), 11 -4 -08. Code 2001 § 22 -1.1.)
FWRC 19.05.010 A Definitions Exhibit Al Page 3
56
EXHIBIT A2
Federal Way Revised Code (FWRQ
Chapter 19.05, "Zoning and Development in General"
19.05.030 C definitions.
"Canopy" means a permanent, rigid, roof -like structure that projects from a building as a shelter, with
no habitable space above it, but that does not project above the adjact parapet or roof of a supporting
building. A freestanding canopy is a rigid, roof -like structure providtt -g shelter that is supported by one or
more posts embedded in the ground.
Cargo Containers. See "outdoor storage containers" and "",,,moving containers."
"Cell -on- wheels (C -O -W) " means a mobile temporary alss service facility.
"Cemetery" means land used or intended to be used for ial of*p dead and dedicated for
cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses,
when operated in conjunction with and within bouAdaries of such cemetery.
"Church, synagogue or other place of religious wship" means an establishment, the principal
purpose of which is religious worship and for which ihe{ ncipal baling or other structure contains the
sanctuary or principal place of worship, and which estab bliment m<ty include related accessory uses.
` manual mechanical or chemical
"Clearing" means the destruction ait�d iemoval of vegetatt�8'
methods.
"Clearview zone " means the areas around interseetions, including the entrance of driveways onto
streets, which must be kept clear of sight obstruction. fWRC li' %5,300.
"College or university "Mons��a post - secondary institu for higherlearning that grants associate or
bachelor degrees and m �hresearch fatties anti pfessional schools that grant master and
doctoral degrees. Thisg"d ! also include,community colleges that gi associate or bachelor degrees or
certificates of completio4;business t technical fds
"Collocation" means th�emeataiid arrangeme,of multiple providers' antennas and equipment
on a single suprt structure o�ru�tpaent pad area.
" Commercial recreen facil`riy'' means an' indoor fad and use operated for profit, with private
facilities, equipment or 91i rWces for recreational purposess including swimming pools, tennis courts,
playgrounds and other simila,f*es. The,ttse of such an area may be limited to private membership or may
be open to the public upon the`ient of fa fee.
"Commercfai 'we " means the'es allowed in the commercial zones and the nonindustrial uses
permitted in the c6tnmercial enterprise zone and not permitted in any other zones of the city.
"Commercial ve"" means at*,=truck over 10,000 pounds gross vehicle weight rating (GVWR), as
defined in RCW 46.251.60, which is,typically used principally for the transportation of commodities,
r
vehicles, merchandise, prodace,�Wglit, or animals; as well as any bulldozers, backhoes, cranes, or
similar construction equipm
"Commercial zones "means" e 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:
(1) 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.
"Common space" means an area within a development, which is used primarily by the occupants of
that development, such as an entryway, lobby, courtyard, outside dining area, etc.
FWRC 19.05.030 C Definitions Exhibit A2 Page 1
57
"Community gardens" means privately or publicly owned land used for the cultivation of fruits,
vegetables, plants, flowers, or herbs by multiple users Community gardens may be divided into
separate plots for cultivation by one or more individuals, or may be farmed collectively by
members of a group and may include common areas maintained or used by group members. Food
grown is typically for community garden members or as a donation. See also the definitions for
"agricultural use," "urban aariculture," and "farm stand."
"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.
"Community service event" or "civic event" means an event or gathering (such as a food fest, concert,
fun run, cultural exhibition, or charitable fund- raising event) sponsored by a private or public nonprofit
organization. Sponsoring organizations can include, but are not ;limited to, schools, churches, and/or civic
fraternal organizations, theater and arts groups, and charitable iirganizafions. The event may not be
primarily for the purpose of selling or promoting merchandise or services.
"Comprehensive plan " means the ordinances of 0, as adopted an lamended from time to time,
under RCW 35A.63.060 through 35A.65.080 and horeline master program,;.;
"Contour line" means the interconnection of pot A aving the same height a sea level.
"Convalescent center" means an inpatient facility, eir tiding facilities defined ahospitals, for patients
` ` 1, physical,
who are recovering from an illness or who are receiving Tarltinic conditions, ma p y ' ,
emotional or developmental disabilities; al illness; oratcohol or drug treatment auii may include
assisted living facilities. , IL
"Copy" for signs means the graphic coat o�a,n surface in Other permanent or removable letter,
pictographic, symbolic, or alphabetic form.;.
"Cottage housing dev, pment (C� means `F
between four and 16 detached dwell units, that i
family units, aid meets the favm�
(1) Owe"'_ „te,hmrtedttiax
(2) D► g units aregvouped , d a como�
(3) De ,olopments meet a of design criteria n(
ial develoipment consisting of clusters of
> cottages and may include compact single-
and
; and
to typical single - family developments as
stipulate&WChapter 19.250 FWRC.
"Critical aqui„ er recharge ar a an
s" mes as in which water reaches the zone of saturation by
surface infiltratQ,and includes arp4 hydrogeeilogically susceptible to contamination and contamination
loading potentialiicluding, but not *ited to, sole water source aquifer recharge areas, special protection
groundwater manag6tiid6t areas, we lead protection areas, and other areas with a critical recharging
effect on aquifers used fo to e"4 ter.
"Critical root zone " means au�rea equal to 12 inches radius for every one inch of tree diameter
measured at four and one -h4l "I et above ground.
"Cross- section (drawing) " means a visual representation of a 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 of the curb.
"Cut" means a portion of land surface or area from which earth has been removed or will be removed
by excavation. Also known as excavation.
(Ord. No. 12 -724, § 3, 6 -5 -12; Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord.
No. 09 -593, § 24,1 -6 -09; Ord. No. 08 -585, § 3(Exh. A), 11 -4 -08. Code 2001 § 22 -1.3.)
FWRC 19.05.030 C Definitions Exhibit A2 Page 2
58
EXHIBIT A3
Federal Way Revised Code (FWRQ
Chapter 19.05, "Zoning and Development in General'
19.05.060 F definitions.
"Facade " means the entire building front including the parapet.
"Family" means an individual; a group of not more than five individuals; or two or more individuals
related by not more than four degrees of affinity or consanguinity, including persons under legal
guardianship. Any limitation on the number of residents resulting from this definition shall not be applied
to the extent it would prevent 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).,This defrnitioltshall not be applied to the
extent that it would cause a residential structure occupied by persons with handicaps, as defined in the
Federal Fair Housing Amendments Act of 1988, to be treated differently th ari ilar residential
structure occupied by other related or unrelated individuals.
"Family day care " means a business regularly prodding care during part of the our day to 12 or
fewer persons, including children and/or Adults, and the 6hildren,,! Olicable, of the ° ,care provider,
in the family abode of the person or per i6�under whose direct care those receiving c are placed.
Family day care includes family day care e_
�� for children as °defned by RCW 35.63.170 and in -home
�
day care for adults. See FWRC 19.105.07vt _
cottage food operafi6Wtand llurfi" farm."
"Fast food restaurant Ah,- establishment which offers quick food service which is accomplished
through one or more of the f6+Rfng 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.
"Festoons " means a string of ribbons, tinsel, small flags, or pinwheels.
"Fill" means depositions of earth materials by artificial means.
"Fall material" means dirt, rock, gravel, broken concrete, and similar substances used to change the
level of the ground or to provide an even surface, but excluding topsoil, bark, rocks, or gravel placed on
the surface of the ground for gardening, landscaping, or ornamental purposes.
FWRC 19.05.060 F Definitions Exhibit A3 Page 1
59
"Finished grade " means the final contour of the land surface prior to landscaping.
"Flag" means any piece of cloth of individual size, color and design, used as a symbol, signal,
emblem, or for decoration.
"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 of land. The narrow strip of land 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.
"Floor area" means,the total area of a building floor plate in gross square feet.
"Frontage of a property" means the length of the property line along any public right -of -way on which
it borders. "Frontage of a building" means the length of an outside building wall on a public right -of-
way..; ..
(Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -605, § 3(Exh. A), =Ei9; Ord. No. 09 -593, § 24, 1-6 -09. Code
2001 § 22 -1.6.)
XA
FWRC 19.05.060 F Definitions Exhibit A3 Page 2
60
EXHIBIT A4
Federal Way Revised Code (FWRQ
Chapter 19.05, "Zoning and Development in General'
19.05.160 P definitions.
"Panhandle lot" means flag lot.
"Parking area" means any area designed 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.
"Parking structure " means a building or structure consisting of more than one level, above and/or
below ground, and used for temporary storage of motor vehi;rles:
"Personal wireless service facility (PWSF) " meant'
microcell, that is a facility for the transmission an rec
may include antennas, equipment shelter or cabinet:
the necessary elevation, and reception and transmission
"Personal wireless services" means commercial mob¢i
common carrier wireless exchange access sices, as de:
"Plaza" means a pedestrian space that1st amble for
to a building or is clearly visible and accessible froa%the
furnishings include special paving, landscap#!g, ped
protection, water features,, �h receptacles end bicy
Portable moving c s new or lased pre
or business customers for�emporaryaccessory mo 1 A
e �,�.
to, such products tradei "d as "Pd ( Personaf L
"Door to Door." Such tongs are tally delive'
loading peri v., en retrieved delivered to d
facility. Sse ' 5 020. ,
ens.
3 communication facility, including a
of radio frequency signals, and which
n cables, a support structure to achieve
and/antennas.
si 'unlicensed w ices, and
y"'federal laws and regulations.
use and is situated near a main entrance
it right -of -way. Typical features and
lighting, seating areas, weather
iri�at+titunits that can be rented by residential
storage mctivities, including, but not limited
mand Storage), "SAM" (Store and Move), and
a site by truck, left on site for a temporary
►ther location, which may include a storage
"Pr � � cation confer " mead a, meeting, been an applicant and members of the development
review cittee, which isIW-i.prior`ttii.fotmal application, during which the project is discussed relative
to pertinent''�es and regulatitm,. „
"Primary v€ ,ular access " ri edris the s vehicular access easement, or private tract from which
the majority of ves enter the sect property.
"Principal use means the primary , or predominant use of any lot or parcel.
"Private club" meal-Win assoc. do of persons organized for some common purpose, but not
including groups organize€i�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 defming 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:
FWRC 19.05.160 P Definitions Exhibit A4 Page 1
61
,_________:-: --:��- _,
Flag Lot Setbacks
0. } Lot 2 �w
r.
r i
r0(tot?J � ♦ t i.
w r I iY
r
Awe. ti$
E888#MM ..................
t itNt $$'AIr
r
........... .....
, �
Lot rk
R.
Lot 2
� t
,W
a Mi
tw"i ..... .. ... .. ..
. -_...
��
70'
W
.. ,. ... .. w. ». -..... .. .. ....
Yr
Lot 1 rw
i
Lift 1
f
:_ -.. - .--- -' ---- -r
w ,w
y
R �
sw �' ••
Not an arterial
r�&ewaY tar tots Arterial or
2Y or principal Ctrl! @stair
wdAC4cess Fr+sm e ' ritiiCipa! coJlecti�T
fit Lot 1
............. ......
r
Lot 3
'
�rr
W� «... ...},,
PEW
r-
. �.
r
otd"Wa�yY " 6t 2 •
W tot3 i
and Access
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.. a
_. _ ,,
Lot 1
..............
r.rr
F = Front Yard
Not an arterial S - Side Yard
yr principal cr l actoir R = Rear Yard
(3) The rear property line ,'s 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 space " means a passive or active recreational area designed specifically for use by the general
public as opposed to serving merely as a setting for the building. Such areas may include parks, gardens,
plazas, entrance lobbies, arboretums, solariums, and bandstands, or an approved combination thereof, and
may contain exterior or interior spaces. Such areas shall be easily accessible from adjacent public areas
and available to the public at least 12 hours each weekday. Public on -site open space may be privately
owned, but must be permanently set aside and maintained for the use and benefit of the public.
FWRC 19.05.160 P Definitions Exhibit A4 Page 2
62
"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.
(Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -593, § 24,1-6-09; Ord. No. 08 -585, § 3(Exh. A), 114-08. Code
2001 § 22- 1.16.)
s�
FWRC 19.05.160 P Definitions Exhibit A4 Page 3
63
EXHIBIT A5
Federal Way Revised Code (FWRQ
Chapter 19.05, "Zoning and Development in General"
19.05.210 U definitions.
"Urban agriculture" is an umbrella term encompassing a wide range of activities involving the
raising, cultivation, processing, marketing, and distribution of food. Urban agriculture land uses
include: community gardens, urban farms, cottage food operations, farm stands, and farmers
markets See also the definitions for "agricultural use," "community gardens," "cottage food
operation," "farm stand," and "farmers market."
purpose of growing food for sales
"Use " means the activities taking place on propr within structures thereait: Each separate listing
under the "Use" column in FWRC 19.195.010 through I% 45.010 is a separate use
(Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -593, § 24, I- .,"9.,Eode 2001 § 22 -1.21) mss`
/ th
�WY
do
I
FWRC 19.05.210 U Definitions Exhibit A5 Page 1
64
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EXHIBIT D
PROPOSED NEW SECTION
Federal Way Revised Code (FWRC)
Title 19, "Zoning and Development Code"
Chapter 19.262, "Urban Agriculturei'
Sections:
19.262.010 Purpose.
19.262.020 Applicability.
19.262.030 Community gardens and urban farms.
19.262.040 Farmers markets.
19.262.050 Farm stands.
19.262.060 Cottage food operations.
19.262.070 Accessory structures. nr
�n �c� non n.,_�;to anln ni,r{,nn onrinnl +nrd�nrnrlttntc
surrounding uses and natural systems and includes the following:
i. Off - street parking, if applicable;
ii. Garden/farm manaeement rules that will govern garden/farm users and/or
employees:
iii. Location, size, and type of any proposed accessory structures;
iv. Processing and /or sale of food produced on site;
V. Storage and application of agricultural chemicals, including fertilizers and
pesticides, and a hazardous material checklist if site is located within a designated
wellhead protection zone;
A. Location and plans for composting facilities;
Proposed New Section, Chapter 19.262, "Urban Agriculture" Exhibit D Pagel of 3
vii. Mechanical equipment to be used on site;
viii. Stormwater management; and
ix. Soil testing if site is located within area designated as potentially contaminated at
greater than 20 parts per million (vvm) by the Tacoma smelter plume.
b. Written notice shall be provided by mail for community garden and urban agriculture
uses that are larger than 10,000 square feet in size and located within a residential zoning district,
to persons receiving yroperty tax statements for all properties within 300 ft. of each boundary of
the subiect property. The notice shall contain the following information:
following criteria:
a. Farm stands are limited to 200 square feet in area and shall be no more than 15 ft. in
height.
b. No more than one farm stand shall be permitted on a subiect site.
c. Farm stands shall be designed to be temporary and portable structures and shall not be
Permanently affixed to the ground.
d. See FWRC 19.262.080 for reauirements related to on -site sale of urban agriculture
products.
Proposed New Section, Chapter 19.262, "Urban Agriculture" Exhibit D Page 2 of 3
19.262.060 Cottaee food operations.
(1) Cottage food operation uses are permitted in any zone as an accessory use to a permitted
use subiect to the following criteria:
a. Cottage food operations shall adhere to the requirements of RCW 69.7.100 and RCW
69.07.120.
b. Cottage food operations shall adhere to the requirements of FWRC 19.270 "Home
Occupations."
19.262.070 Accessory structures.
property subiect to the following regulations:
(1) Structures that are considered accessory to urban a>
requirements specific to "farm stands. ")
(2) Accessory structures in residenti
requirements:
a. The cumulative site area occi
less.
b.
in height.
(2)0,
n staA
C.
(3) A
Eal, b
a.
ly for
b.
'Cross references: Licenses and business regulations FWRC Title 12• business registration fee for home occupations.
FWRC 12.05.090: animals. Chapter 19.260 FWRC.
Proposed New Section, Chapter 19.262, "Urban Agriculture" Exhibit D Page 3 of 3
CITY OF FEDERAL WAY
PLANNING COMMISSION
September 18, 2013 City Hall
7:00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Merle Pfeifer, Hope Elder, Tom Medhurst, Sarady Long, Wayne Carlson, and
Tim O'Neil. Commissioners absent: Lawson Bronson (excused). Staff present: Planning Manager Isaac
Conlen, Senior Planner Janet Shull, Contract Planner Jim Harris, Assistant City Attorney Peter Beckwith,
and E. Tina Piety, Administrative Assistant II.
CALL TO ORDER
Chair Pfeifer called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
The minutes of June 24, 2013, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
None
COMMISSION BUSINESS
PUBLIC HEARING Proposed Zoning Code Amendments Related to Urban Agriculture
Senior Planner Shull delivered the staff report. She noted that Skye Schell with Forterra (the non - profit
agency representative who worked on the project with the city) is in the audience, along with a number of
citizens who will be giving public testimony. She also noted that staff (and Forterra) has taken into
consideration and inputted Planning Commissioner's comments /suggestions from the January 16, 2013,
study session on this topic.
Senior Planner Shull went over the background and overall goals of the proposed amendments. The
overall goals include implementing policies to support access to healthy food and to be responsive to
community interest in growing food for health, education, and economic benefit. A summary of the
proposed amendments is as follows:
1. Provide defmitions for urban agriculture uses.
2. Amend the existing sign tables to include urban agriculture uses to allow for permanent
and temporary identification/informational signs.
3. Amend the existing Suburban Estates (SE) use zone chart and add new use zone charts
allowing urban agricultural uses in each existing zone.
83 GAI71ii11 .....
KAPlanning Commission\201MMeeting Summary 09- 18- 13.doc�
Planning Commission Minutes Page 3 September 18, 2013
area primarily affected is a strip on the western edge of the city. She stated staff has talked to Washington
State Ecology about this issue and they do not think anyone would be denied a garden. They want people
to be aware of the issue and to take appropriate steps if needed. Commissioner Carlson asked that staff
inform applicants what the city would want them to do if they are located in the plume area. Planning
Manager Conlen commented that a map of the area can be given to applicants.
Commissioner Long noted that in some cases a notice of the proposed garden must be given. Is there a
standard area for the notice? Senior Planner Shull replied currently notices are sent to a 300 foot area and
that would be the same for these notices.
Commissioner Medhurst commented that he is grateful for the community gardens and the work they do.
On page 1 of Exhibit A3, it states that farmers markets, "the majority of products for sale should be food -
related products." He is concerned that the word "should" is not strong enough and a farmers market
could develop into a flea market. Senior Planner Shull stated that staff did discuss this phrase and the
word "should" with the stakeholders. No one could think of an appropriate stronger word. Planning
Manager Conlen commented that the word could be changed to "shall." Commissioner Carlson stated he
would support changing the word to "shall" with the understanding that majority would be based on the
width of saleable space.
Commissioner Medhurst asked why (as stated on page 3 of Exhibit D) are structures such as greenhouses
limited to 15 feet in height, while others, such as hoophouses limited to 6 feet in height. Senior Planner
responded that the items limited to six feet in height are not considered "structures" Hoophouses and
similar items are designed to be moved, unlike greenhouses.
Commission Carlson moved (and it was seconded) to recommend adoption of the proposed amendments
to urban agriculture with the modifications that the word "should" in the definition of farmers market will
be changed to "shall," and a definition added that clarifies that the majority of food related products
referred to in the farmers market definition is based on the width of saleable space. There was no further
discussion and the motion carried unanimously.
The public hearing was closed.
PUBLIC BEARING — Proposed Code Amendments Related to Provisions for Allowing Departures
from Required Community Design Guidelines in all Zoning Districts
Contact Planner Harris delivered the presentation. He went over the background and the overall goal,
which is to increase the flexibility of the community design guidelines to act as performance objectives
rather than to act as specific and/or numeric requirements, while still meeting the larger intent to protect
property values, enhance general appearance, and improve and expand pedestrian circulation and public
spaces in the city. The proposed changes consist of the addition of two sentences to FWRC 19.115.020,
"Administration." There was no public testimony.
Commissioner Long asked if the proposed amendments will allow buildings to be placed closer to the
sidewalk. Contract Planner Harris replied that the proposed amendments will not likely trigger buildings
to be placed closer to the sidewalk. Commissioner Carlson agrees with the proposed amendment. Without
it, it can make for weird designs in order to fit the code requirements. Commissioner Medhurst asked if
there was a specific catalyst for this amendment. Contract Planner Harris replied that there is no specific
catalyst, but the requirements have caused issues in the past. Planning Manager Conlen stated that in the
past, applicants have proposed design that would probably work better, but the city was not able to
approve them because they did not meet the community design guideline requirements.
84
KAPlanning Commission\20MMeating Summary 06- 24- 13.doc
Planning Commission Minutes Page 4 September 18, 2013
Commissioner O'Neil moved (and it was seconded) to recommend adoption of the proposed amendment
to the community design guidelines as written. There was no further discussion and the motion carried
unanimously.
The public hearing was closed.
ADDITIONAL BUSINESS
Planning Manager Conlen stated that currently there is no date for the next Planning Commission meeting
(it will likely be in November).
Commissioner Elder expressed her concern about the parking disappearing at the Commons Mall. Is the
city monitoring that? Planning Manager Conlen replied that the city is monitoring the parking with the
use of a parking study.
Commissioner O'Neil asked what the direction of the city's urban core is. Nothing seems to change.
Planning Manager Conlen replied that the vision is for denser, mixed -use buildings, while also being
pedestrian friendly. The downturn in the nationwide economy has hindered development over the last five
years. Also, it is difficult for a city like Federal Way to compete with Seattle or Bellevue for that type of
development. Commissioner Carlson commented that the city has had proposals for high -rises, but it
needs the middle ground of mid -rises first. Planning Manager Conlen responded that the city is receptive
to mid -rise development and is hopeful see proposals of this nature.
ADJOURN
The meeting was adjourned at 8:10 p.m.
85
KAPlanning Commission\2013Weeting Summary 06- 24- 13.doe
This page left blank intentionally.
86
COUNCIL MEETING DATE: N/A ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Briefing on the 2015 Major Comprehensive Plan Update
POLICY QUESTION: N/A
COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: October 7, 2013
CATEGORY:
❑ Consent
❑ City Council Business
❑ Ordinance ❑ Public Hearing
❑ Resolution ® Other
STAFF REPORT BY: Principal Planner Margaret Clark DEPT: Community & Economic Development
Attachment: Exhibit A — Potential Major Comprehensive Plan Update Timeline
Background: State law requires the city to complete a major update to our comprehensive plan on or before June
30, 2015, to ensure the plan (and development regulations) complies with the Growth Management Act (GMA).
This work will consist of reviewing all 12 chapters of the plan to determine whether revisions should be made and
will require many hundreds of hours of staff time. We also need to update our Critical Areas Ordinance, which
will be a major undertaking. We will need to work with outside agencies, such as the School District, Fire
Department, Lakehaven Utility District, and private utility companies, and have a public participation process,
which will consist of public meetings, surveys, and social media. The long range planning staff is comprised of
1.4 FTE's and it is anticipated that the update of the comprehensive plan and development regulations, together
with other state - mandated reporting, will consume the majority of their time. Unlike previous years, the current
planning staff, who themselves are at capacity, will be unable to assist.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: DIRECTOR APPROVAL:
CCo� Council Co ttee
COMMITTEE RECOMMENDATION: N/A
Bob Celski, Chair Jeanne Burbidge, Member Diana Noble - Gulliford, Member
REVISED - 08 /1=0to 87 RESOLUTION #
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
1sT reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED - 08 /1=0to 87 RESOLUTION #
EXHIBIT A
The following chapters of the Comprehensive Plan must be reviewed and updated as part of the Major
Comprehensive Plan Update which must be completed by June 30, 2015.
Chapter One
Introduction
Chapter Two
Land Use
Chapter Three
Transportation
Chapter Four
Economic Development
Chapter Five
Housing
Chapter Six
Capital Facilities
Chapter Seven
City Center
Chapter Eight
Potential Annexation Areas
Chapter Nine
Natural Environment
Chapter Ten
Private Utilities
Chapter Eleven
Shoreline Master Program
Chapter Twelve
Twin Lakes Commercial District Subarea Plan
1
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92
COUNCIL MEETING DATE: October 15, 2013 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ADD THE SITING OF GROUP HOMES TYPE III (REGISTERED SEX OFFENDER HOUSING) TO THE
PLANNING COMMISSION'S WORK PROGRAM AS A HIGH PRIORITY ITEM DUE TO THE MORATORIUM
POLICY QUESTION: Should the City Council add the siting of Group Homes Type III to the Planning
Commission's Work Program as a High Priority item due to the moratorium?
COMMITTEE: Land Use /Transportation Committee (LUTC) MEETING DATE: October 7, 2013
CATEGORY:
® Consent
❑ Ordinance
❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Isaac Conlen, Planning Manager DEPT: CED
Attachment: Exhibit A -- 2013 Planning Commission Work Program, amended.
Background: On September 3, 2013, the City Council enacted a six -month moratorium on the siting of Group Homes
Type I1I, which are intended to provide housing for individuals with violent and sexually violent criminal backgrounds. The
moratorium expires March 3, 2014.
The moratorium maintains the status quo while staff works, via the Planning Commission, to hold public hearings, propose
revisions to the code to address community impact statement and other provisions in the new state law, and address any
ambiguity in the code itself.
Options Considered: 1. Add the siting of Group Homes Type III (registered sex offender housing) to the Planning
Commission's Work Program as a high priority item in an effort to complete the work before the moratorium expires. Move
the SEPA Exemption Level item currently in the high priority category to the medium priority category.
2. Do not add the sitinof Group Home Tyke III (registered sex offender housing) to the Planning Commission's Work Plan.
MAYOR'S RECOMMENDATION: Option 1— Amend the 2013 Planning Commission Work Program to add a work item
addressing the Siting of Group Homes Type III as a high priority item and relocate the SEPA Exemption Level item,
currently in the high priority category, to the medium priority category. n
MAYOR APPROVAL: 1lah DIRECTOR APPROVAL: o
ommitt Council — qwminee
COMMITTEE RECOMMENDATION: I move to forward to the full Council, a recommendation to amend the 2013 Planning
Commission Work Program to add a work item addressing the Siting of Group Homes Type III as a high priority item and
relocate the SEPA Exemption Level item, currently in the high priority category, to the medium priority category.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of Option 1.
93
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
1ST reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED- 08/12/2010
RESOLUTION #
93
PROPOSED REVISION
2013 Planning Commission Work Program
1. Mandatory — Anticipated to be completed in 2013
Complete the annual comprehensive plan update.
2. Not Mandatory —Organized by High, Medium, and Low Priority
High Priority
• Revise zoning regulations for the siting of Group Homes Type III.
• Amend the community design guidelines to allow for greater administrative flexibility.
• Adopt zoning regulations to implement urban agriculture goals and policies.'
• Amend regulations to increase exempt levels for a threshold determination under the State Environmental Policy Act
(SEPA).2
• Amend process for updating the comprehensive plan.
• Amend the non - conforming provisions.
Medium Priority
• Amend regulations to provide a more streamlined process for binding site plans.
• Amend regulations pertaining to types of improvements or structures allowed in required yards.
• Amend regulations to broaden uses and standardize bulk and dimensional requirements by zone, and to provide more
appropriate setbacks and landscape buffers for commercial uses.
• Adopt zoning regulations for the Twin Lakes Commercial Sub -Area.
• Amend regulations to increase the maximum allowable building height in the City- Center Core (CC -C) zoning district.
• Amend regulations to make review of variances an administrative process.
• Noticing Provisions
Low Priority
• Amend regulations to allow oversize vehicles in approved enclosures in residential zones.
• Amend regulations to allow senior housing/assisted living in the Professional Office (PO) zone.;
• Adopt an ordinance addressing historic preservation.
• Amend the code to address housekeeping items.
'This is already in process.
2 State law has recently changed to increase categorical exemptions for certain minor construction projects.
3 This is already part of the on -going work program and will be started once the applicant is ready to move forward.
KA2013 Planning Commission Work Program \City Council \Proposed Revision Plan9i4g Commission Work Program.doc
COUNCIL MEETING DATE: N/A ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Citizen request to allow miniature goats in residential areas.
POLICY QUESTION: Whether to proceed with a request to amend the Planning Commission Work Plan to add
a zoning code amendment to allow miniature goats in residential areas?
COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: October 7, 2013
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ® Other
STAFF REPORT BY: Isaac Conlen, Planning Manager - DEPT: Community & Economic Development
Attachments: Exhibit A — Excerpt of Council Minutes from September 3, 2013 Council Meeting
regarding pygmy goats. Exhibit B — Miniature Goats Research Memo. Exhibit C — 2013 Planning
Commission Work Program.
Background: On August 6, 2013, Ava Anissipour made comments to City Council during a Council meeting
requesting the City amend the zoning code to allow miniature goats on smaller residential lots within City
limits. At the September 3, 2013, regular Council meeting, the Mayor reported that Staff would research the
issue and report back to LUTC at its October 7, 2013, meeting.
Options Considered: 1) Do not proceed with a request to amend the Planning Commission Work Plan to add
a zoning code amendment to allow miniature goats in residential areas; 2) Forward the request to the October
15, 2013 City Council meeting; or 3) provide direction to Staff.
MAYOR'S RECOMMENDATION: Mayor recommends Option 1) — Do not proceed with a request to amend the
Planning Commission Work Plan to add a zoning code amendment to allow miniature goats in residential areas.
MAYOR APPROVAL: / , 7— DIRECTOR APPROVAL:
Com ee Council mmittee
COMMITTEE RECOMMENDATION: I move to adopt Option 1.
Bob Celski, Chair
Jeanne Burbidge, Member Diana Noble - Gulliford, Member
REVISED - osnznoio RESOLUTION #
95
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
1ST reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED - osnznoio RESOLUTION #
95
Simple assault is down 4% and vehicle theft is up I%. In the six -month comparison
overall crime did not increase, aggravated assault is down 13 %, residential burglary is
down 32 %, commercial burglary is up 31%, robbery is down 7 %, larceny/theft is up
10% and vehicle theft and simple assault remained the same.
2. School Zone Safety and Laws
City Traffic Engineer Rick Perez stated on May 21, 2012 the Council approved a
proposal for school zone safety enhancements to enhance the visibility and clarity of
signs in school zones, Sign sizes will be increased (from 8 sf to 18 sf), advance school
speed warning signs'and variable speed limit signs will also be installed. The school
zones identified for improvements in 2013 are Saghalie Middle School; Spring Valley
Montessori; Twin Lakes Elementary; Brooklake; Panther Lake Elementary and
Sacajawea Middle School. Some retrofits that have occurred indude upgrading
pedestrian crossing from regular flashing beacons on multi -lane crossings serving
Saghalie Middle School on 215tAve. SW and SW Campus Drive, and the installation
of school zone flashers at Sacajawea Middle School. As of today, all of the signs have
been installed, the rectangle rapid flashing beacons have been installed for Saghalie,
the school zone flashers have been installed for Sacajawea and the only thing left is
installation of the variable readout speed limit signs which is scheduled to occur in
mid - September.
Mr. Perez provided the following information in response to a recent media article
regarding school zone laws and the 21 St Ave. SW photo enforced zone. This zone was
installed pursuant to RCW 46.64.440(1) (not RCW 46.61.440(2) which was quoted in
the media). The City works in conjunction with the School District when installing
school zones. Mr. Perez stated the school zones on 21St Ave SW are in compliance
with all applicable RCW's as well as the Federal Manual on Uniform traffic Control
Devices.
With tomorrow being the first day of school for students Mr. Perez reviewed the
measures in place to ensure safety in coordination with the street. projects and current
conditions.
3. Certificate of Municipal Leadership
Mayor Priest announced Councilmember Honda had recently received her Certificate
of Municipal Leadership from the Association of Washington Gibes. This program is
designed to enhance the ability of elected municipal officials by providing knowledge
and skills to effectively operate within the law, secure and manage funds and foster
community and staff relationships. Councilmember Honda completed over 30 hours of
training to complete the program and earn this accomplishment.
4. September 5 2013 City Council Special Meeting
The Council will be conducting a Special Meeting on September 5, 2013 at 6:00 p.m.
in Council Chambers to receive a presentation from Lorax, the contractor for the Civic
Center/Performing Arts Conference Center. The presentation will coverthe schematic
design of the project. Citizens are encouraged to attend and provide public input on
the project.
5. Zoning - Pygmy Goats
Mayor Priest provided a summary of a request that was received at the last City
Council meeting from Ava Anissipour asking the City look at amending its current
zoning regulations to allow pygmy goats as pets in residential areas. The City's Animal
Services division responded to a complaint about two goats at the Annispour home.
Under current zoning regulations, goats are not allowed in residential neighborhoods.
City Council Minutes - September 3, 2013 Regular Meeting Page 3 of 10
96
Community and Economic Development staff has begun looking into this request and
will provide a report to the Land Use, Transportation Council Committee on October 7.
If Committee and Council move forward with this request, it will be placed on the
Planning Commission's Work Plan.
6. August 6th National Night Out Reception
Mayor Priest reported the City Council held a reception at 6:00 p.m. to thank those
who participated in the City's National Night Out event on August 6, 2013.
4. CITIZEN COMMENT
Steven Metzenberg thanked the Council and City for the code enforcement actions that
occurred at a local registered sex offender housing establishment.
Mike Nugent is a homeowner as well as president of the Belmor Park Mobile Park submitted
a letter into the record on behalf of the Belmor Park HOA
Leah Boehm Brady spoke in opposition of developing an apartment complex at the former
School District Bus Barn location.
Mike Craymer spoke in support of allowing pygmy goats in residential areas.
Ishbel Dickens spoke on behalf of representatives of Crestwood, Starwood, Parkwood Lane
and Camelot Mobile Home Parks. She supports mobile home park zoning within the city and
encouraged the Council to move forward with the original recommendation to the Planning
Commission.
Amir Anissipour asked the City to take a look at the purpose of the City Code. Mr. Anissipour
was concerned an animal control officer video - tapedhis daughter with the goat without
parental permission.
Ava Anissipour invited members of the Council as well as city staff to visit her home to see
what life with pygmy goats is like.
Nicole Bolses is a pygmy goat breeder and spoke )n support or zoning that allows pygmy
goats in residential areas.
Taylor Nester spoke in support of changing the law to allow pygmy goats in residential areas
Mary Ann Sharp lives in the Lakota Beach neighborhood, she would like to see speed bumps
installed in her neighborhood to address speeding vehicles, and a sign stating °no beach
access."
Betty Taylor, a Waterbury Apartment complex resident would like to see a Block Watch
program established at her complex.
Norma Blanchard read a letter she received from City Attorney Richardson into the record.
She feels the City and Mayor have turned the recent investigation into a political issue.
Nancy Combs has lived in Federal Way for many years, she feels the paving the City
performed in her neighborhood has ruined her neighborhood and the city.
Neal Cook a resident of Belmor Park, does not support down - zoning of mobile home parks.
City Council Minutes — September 3, 2013 Regular Meeting Page 4 of 10
97
4ik
CITY Of
Federal Way
MEMORANDUM
DATE: September 30, 2013
TO: Land Use/Transportation Committee
VIA: Skip Priest, Mayor
FROM: Planning Manager Isaac Conlell /-
SUBJECT: Miniature Goat Research
BACKGROUND
A Federal Way citizen has requested the city allow the keeping of miniature goats on residential lots. The
purpose of this memo is to help inform the city's decision in.responding to this,request. The memo
addresses the following topical areas: examples of local miniature goat ordinances; animal space
requirements; health issues; noise and odor; and city resource allocation.
EXAMPLES OF LOCAL ORDINANCES
We researched 11 nearby cities (see table below). All of those cities allow goats on larger lots, including
Federal Way. Minimum lot size for most of these cities is either 20,000 or 12,500 square feet (Tukwila is
at 10,000 and Issaquah is at approximately 8,700). Seattle and SeaTac are the only local jurisdictions that
allow goats on small residential lots (no minimum size required).
The average minimum lot size required is approximately 17,000 square feet (not including Seattle and
SeaTac, which do not have a minimum lot size, and not including Fife, which is an outlier at one acre).
Many require a minimum enclosure /structure setback from adjacent property lines.
98
Minimum
Enclosure
Maximum
Noise and Odor
Special Notes/
Lot Size
Setbacks
Number of Goats
Issues
Requirements
Federal Way
70,000 sf
20 -feet from lot
Two. Additional
Provisions related
Requirement for
lines.
goats as lot size
to manure piles.
14,500 sf
increases.
roamin azea.
Seattle
N/A
N/A
Three. Additional
N/A
N/A
goats as lot size
increases.
Auburn
12,500 sf
Standard for zone.
Two. Additional
Addresses noise by
N/A
goats as lot size
placing burden on
increases.
owner to control
habitual animal
noises. Does not
address odor.
Kent
20,000 sf
Enclosures (and
Two. Additional
N/A
N/A
goats) must be a
goats as lot sizes
minimum of 50-
increase.
feet from lot lines.
98
Land Use /Transportation Committee
Miniature Goat Research Memo
September 30, 2013
Page 2
SPACE REQUIREMENTS AND ANIMAL HEALTH ISSUES
It was difficult to find definitive information regarding the space requirements for miniature goats. As
noted above, the average lot size required in the King County zoning ordinances we reviewed is
approximately 17,000 square feet.
The Public Health Veterinarian at Seattle King County Health Department, Sharon Hopkins, stated that
miniature goats should have an area of 50 feet by 100 feet (5,000 square feet) for roaming. We inquired
with Dr. Susan Kerr, NW Region Livestock and Dairy Specialist with Washington State University and a
nationally recognized expert in the area of livestock, including goats. She commented that goats need
room to browse. Confinement to a small outdoor area will result in health issues and abnormal behaviors.
She also commented that allowing goats to live in the house with humans is a very bad idea.
Many sources indicate that goats are creative escape artists. If they get loose they are in danger of injury
or death from vehicular traffic and dog attack. They also tend to be destructive (eating neighbors
landscaping, jumping on cars, etc.). For this reason, adequate fencing is important.
Dr. Kerr also pointed out that goats need specialized care, especially in a wet climate like Washington.
She stated, "Owners must learn about effective parasite control practices or their goats will die from
parasites —this is a FACT for our wet area."
99
Minimum
Maximum
Noise and Odor
Special Notes/
Lot Size
Number of Goats
Issues
Requirements
Bellevue
20,000 sf
F25-feet
ot
One. Additional
N/A
N/A
goats as lot size
increases.
Renton
12,500 sf
Two.
Detailed provisions
N/A
Additional goats
related to
as lot size
maintenance of
increases.
enclosures, cleaning
of waste, etc. Cross
references to public
nuisance standards.
SeaTac
N/A
Standard for zone.
One. Additional
N/A
N/A
goats as lot size
increases.
Issaquah
8,700 sf
N/A
N/A
N/A
N/A
Des Moines
35,000 sf
35 -feet from
One. Additional
N/A
Requires a
property lines.
goats as lot size
suitable structure.
increases.
Tukwila
10,000
100 -feet from
?
Detailed provisions
N/A
property lines.
for cleaning of
enclosures and
removal of manure.
Fife
One Acre
Five.
N/A
N/A
N/A
Tacoma
20,000 sf
50 -feet from
?
Detailed provisions
Written consent
property lines.
related to animal
from neighboring
waste, etc.
property owners
required.
SPACE REQUIREMENTS AND ANIMAL HEALTH ISSUES
It was difficult to find definitive information regarding the space requirements for miniature goats. As
noted above, the average lot size required in the King County zoning ordinances we reviewed is
approximately 17,000 square feet.
The Public Health Veterinarian at Seattle King County Health Department, Sharon Hopkins, stated that
miniature goats should have an area of 50 feet by 100 feet (5,000 square feet) for roaming. We inquired
with Dr. Susan Kerr, NW Region Livestock and Dairy Specialist with Washington State University and a
nationally recognized expert in the area of livestock, including goats. She commented that goats need
room to browse. Confinement to a small outdoor area will result in health issues and abnormal behaviors.
She also commented that allowing goats to live in the house with humans is a very bad idea.
Many sources indicate that goats are creative escape artists. If they get loose they are in danger of injury
or death from vehicular traffic and dog attack. They also tend to be destructive (eating neighbors
landscaping, jumping on cars, etc.). For this reason, adequate fencing is important.
Dr. Kerr also pointed out that goats need specialized care, especially in a wet climate like Washington.
She stated, "Owners must learn about effective parasite control practices or their goats will die from
parasites —this is a FACT for our wet area."
99
Land Use /Transportation Committee
Miniature Goat Research Memo
September 30, 2013
Page 3
PUBLIC HEALTH ISSUES
Goats, like other animals, carry communicable diseases. Dr. Kerr indicated that goats may pass certain
diseases (ringworm, soremouth, Caseous Lymphadenitis, and Q fever) to humans through minimal direct
contact.
In the limited time we had available to research the issue of disease we just touched on its surface. If the
City Council directs staff to prepare a code amendment on this topic, we will gather more information on
communicable diseases to help inform the code amendment.
Veterinarian Hopkins commented that proper sanitation and rodent control is necessary. Seattle is getting
a lot of rodent complaints from neighbors who house chickens and goats.
NOISE AND ODOR
Our research indicates that miniature goats may cause odor and/or noise problems. The biggest factor is
probably human behavior. Do the owners keep the enclosure clean? Do they clean up pet waste? Are the
goats entertained or are they crying for attention?
There are some common themes that are addressed in some of the example ordinances we reviewed.
Noise
A number of ordinances require that two goats be owned (rather than one). Because goats are herd
animals, they are happier when they have a companion and are less likely to be noisy. Literature on
the subject supports this position.
Some of the ordinances referenced the particular city's nuisance codes and state that noise in excess
of nuisance levels will be considered a violation of code.
The bottom line with regard to noise is —we will not know if it is a problem until after the goats
arrive on the property. It would depend on factors as varied as individual animal temperament, animal
health, size of lot, proximity of neighbors, and neighbor's tolerance for noise.
Odor
Again, many of the ordinances cross - referenced to that particular city's nuisance regulations. Some
included more detailed rules for the care and cleaning of enclosures and pet waste.
Un- neutered bucks are smelly and definitely cause an odor problem. Many of the ordinances do not
allow bucks or require that they be neutered as noted above.
Dr. Kerr commented that a manure management plan is a must in order to control odor. She stated
that the manure situation must be actively managed.
Again, the odor impact associated with the keeping of goats would depend on factors such as the
cleaning habits of the owners and proximity of neighbors.
100
Land Use /Transportation Committee
Miniature Goat Research Memo
September 30, 2013
Page 4
CITY RESOURCE ALLOCATION
Amending the code to allow the keeping of miniature goats affects City resources in two ways. First, we
would need to re- prioritize resources to process the code amendment. Second, we need to account for
training and increased workload for Animal Services and Code Enforcement.
Code Amendment
Planning staff would process the requested code amendment. Planning staff is (and has been for some
time) experiencing high work - loads. The Division is staffed with approximately I FTE long range
planners (staff that process code amendments and similar actions). Due to an increasing workload on
the permitting side, some of that resource has been shifted to permitting review, so the actual
available resource for code amendments is closer to 1.2 FTE. Further, we have started to work on the
Major Comprehensive Plan update, which will utilize most of our long range planning resources for
the next two years.
The Planning Commission Work Program (the document that directs staff work on code amendments
— Exhibit C of this packet) prioritizes code amendments pursuant to City Council direction. If staff is
directed to work on the miniature goat code amendment, one of the items already on the lengthy work
program will need to be eliminated or re- prioritized.
Animal Services /Code Enforcement Resource
If the code is amended to allow the keeping of miniature goats on smaller residential lots, there will
be an on -going effect on staff resources. Animal Services staff will need training on goat issues. Code
enforcement staff will likely be involved' in resolving disputes regarding compliance with new code
provisions. We are currently staffed at two Animal Services Officer FTE and two Code Enforcement
Officer FTE2 (we are actually down to one full time code enforcement officer do to staffing turnover,
but are in the process of hiring to fill the second position). Both these functions are thinly staffed
given the volume of cases /complaints we receive. Just be aware that adding additional work will
result in an incremental and proportionate decrease in level of service.
CONCLUSION
The concept of allowing goats on smaller residential lots is not unique to the City of Federal Way. A
number of jurisdictions, both locally and nationally, allow goats; although locally most still require
somewhere in the area of a quarter to half -acre lot size. While the goats probably do not need that much
roaming space, the larger lot size reduces the potential for conflict with neighbors.
There are pros and cons to allowing greater opportunity for goat ownership. Pros include the non - tangible
benefits associated with pet ownership and the potential for milk or cheese from the animals. Cons
include the potential for noise, odor, and rodent impacts to neighbors; potential disease transmission;
potential for unwanted animals to be abandoned or neglected; and increased work load for Animal
Services and Code Enforcement staff. Dr. Kerr summed up her opinion as follows:
1 Animal Services and Code Enforcement staff have been involved and may continue to be involved in cases involving goats if
the code is not amended. It is anticipated; however, that if the code is amended to allow more opportunities for goats, that work
load would increase.
2 We also have two half time code enforcement staff that deal exclusively with sign and graffiti issues.
101
Land Use /Transportation Committee
Miniature Goat Research Memo
September 30, 2013
Page 5
"It's the duty of elected officials to make wise decisions that are best for everyone. You have
investigated this request from the public and researched the pros and cons. In my opinion as a
veterinarian and public educator, livestock are ill- suited for urban areas."
The request to amend the code in this way is reasonable and an appropriate topic for consideration. We
recognize that this issue is important to the requestor and others in our community. That being said, the
Mayor recommends against amending the work program to add this issue for the reasons cited above.
Further, given our limited available resources, we feel that adding this item to the Planning Commission
Work Program would create a false expectation with regard to the city's ability to address the topic within
a reasonable time frame.
102
2013 Planning Commission Work Program
1. Mandatory — Anticipated to be completed in 2013
Complete the annual comprehensive plan update.
2. Not Mandatory —Organized by High, Medium, and Low Priority
High Priority
• Amend the community design guidelines to allow for greater administrative flexibility.
• Adopt zoning regulations to implement urban agriculture goals and policies.
• Amend regulations to increase exempt levels for a threshold determination under the State Environmental Policy Act
(SEPA).
• Amend process for updating the comprehensive plan.
• Amend the non - conforming provisions.
Medium Priority
• Amend regulations to provide a more streamlined process for binding site plans.
• Amend regulations pertaining to types of improvements or structures allowed in required yards.
• Amend regulations to broaden uses and standardize bulk and dimensional requirements by zone, and to provide more
appropriate setbacks and landscape buffers for commercial uses.
• Adopt zoning regulations for the Twin Lakes Commercial Sub -Area.
• Amend regulations to increase the maximum allowable building height in the City - Center Core (CC -C) zoning district.
• Amend regulations to make review of variances an administrative process.
• Noticing Provisions
Low Priority
• Amend regulations to allow oversize vehicles in approved enclosures in residential zones.
• Amend regulations to allow senior housing/assisted living in the Professional Office (PO) zone.'
• Adopt an ordinance addressing historic preservation.
• Amend the code to address housekeeping items.
This is already part of the on -going work program and will be started once the applicant is ready to move forward.
IAPlanning ManagerWiniature GoatsTroposed Revision Planing Commission Work1P@)yam - Goats.doc
This page left blank intentionally.
104
COUNCIL MEETING DATE: October 15, 2013 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Proposed amendments to the FWRC regarding: allowing additional flexibility in the administration of the
Community Design Guidelines section of the Federal Way Zoning and Development Code.
POLICY QUESTION: Should the City amend the Federal Way Revised Code (FWRC) to allow greater flexibility in
administration of the Community Design Guidelines contained in the City's Zoning and Development Code?
COMMITTEE: Land Use /Transportation Committee MEETING DATE: October 7, 2013
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Contract Planner Jim Harris DEPT: Community & Economic Development
Summary: The proposed amendments to the Federal Way Revised Code (FWRC) Chapter 19, -would allow greater flexibility.
in administering the community design guidelines for all land uses and developments that are subject to the code. The proposed
code amendments would allow for increased creativity for building and site designers, and would allow departures from
specific and numeric standards of the community design guidelines, provided the intent of the guidelines is maintained. The
Planning Commission held a public hearing on the proposed amendments on September 18, 2013, and recommended the City
Council approve the zoning code amendment.
Attachments: 1) Draft Adoption Ordinance; 2) Staff Report to the Planning Commission with Exhibit A; and 3) Draft
Minutes of the September 18, 2013, Planning Commission Public Hearing.
Options Considered: 1) Adopt the Planning Commission's recommendation as shown in the Draft Adoption Ordinance; 2)
Adopt the Planning Commission's recommendation as further amended by the LUTC; 3) Do not adopt the Planning
Commission's recommendation.
PLANNING COMMISSION'S RECOMMENDATION: The Planning Commission recommends adoption of the proposed
amendments as written in the Draft Adoption Ordinance.
MAYOR APPROVAL: DIRECTOR APPROVAL: r
Comm' ee Council ittee
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on October 15, 2013.
Bob Celski, Committee Chair Jeanne Burbidge, Committee Member Diana Noble - Gulliford, Committee Member
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (OCTOBER 15, 2013): I move to forward approval of the ordinance to the November S, 2013,
Council Meeting for adoption.
2ND READING OF ORDINANCE (NOVEMBER 5,2013): `7 move approval of the proposed ordinance."
KA2013 Code AmendmentskAdministrative Design Fallibilitykouncil—agenda -bill design guideline admin flelils & 2013.doc
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
1sT reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED - 08112/2010
RESOLUTION #
KA2013 Code AmendmentskAdministrative Design Fallibilitykouncil—agenda -bill design guideline admin flelils & 2013.doc
ORDINANCE NO. 13-
AN ORDINANCE of the City of Federal Way, Washington, relating to
an amendment to the administration section FWRC 19.115.020 of the
Federal Way Zoning and Development. (Amending Ordinance Nos. 09-
604, 07 -554, 06 -515, 03 -443, 01 -382, 99 -333, 97 -291 and 96 -271.)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised
Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify
administrative practices, clarify and update zoning regulations as deemed necessary, and improve the
efficiency of the regulations and the development review process; and
WHEREAS, this ordinance, containing amendments to development regulations and the text of Title
19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35
FWRC; and
WHEREAS, it is in the public interest for the City Council to adopt amended development .
regulations related to: allowing additional flexibility in the administration of the Community Design
Guidelines section of the Federal Way Zoning and Development Code; and
WHEREAS, the proposed amendments would modify FWRC 19.115.020 regarding the
administration procedures of the Community Design Guidelines; and
WHEREAS, the proposed action is .categorically exempt from State Environmental Policy Act
(SEPA) threshold determination and EIS requirements pursuant to WAC 197 -11- 800(19); and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on this code
amendment on September 18, 2013, and forwarded a recommendation of approval to the City Council;
and
WHEREAS, the Land Use/Transportation Committee (LUTC) of the Federal Way City Council
considered these code amendments on October 7, 2013, and recommended adoption of the text
amendments as recommended by the Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following findings with
respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and will benefit
the City as a whole by allowing the design guidelines to be implemented more as traditional guidelines
rather than standards. Guidelines are intended to outline best practices, and should be implemented with
Ordinance No. 13-
106
Page I of 4
Rev 1/10 LU
flexibility, rather than act as rigid standards. The proposed code amendments would allow greater
flexibility in administering the community design guidelines for all land uses and developments that are
subject to the code. The proposed code amendments would allow for increased creativity for building and
site designers, and would allow departures from specific and numeric standards of the community design
guidelines.
(b) These code amendments comply with Chapter 36.70A RCW, Growth Management Act.
(c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will
implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan.
(d) These code amendments bear a substantial relationship to, and will protect and not adversely
affect, the public health, safety, and welfare:
(e) These code amendments have followed the proper procedure required under the FWRC.
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon
the recitals and the findings set forth in Section 1, the Federal Way, City Council makes the following
Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed
amendments:
(a) The proposed FWRC amendments are consistent with, and substantially implement, the
following Federal Way Comprehensive Plan goals and policies:
EDG -6 The City will encourage and support existing businesses to remain and/or
expand their facilities within Federal Way.
EDP10 The City will work with the private sector to actively encourage the retention and
expansion of existing businesses, as well as bring in new development, businesses,
and jobs to the community.
EDPI S The City will continue to implement a streamlined permitting process consistent
with state and federal regulations to reduce the upfront costs of locating businesses
in the City.
LUGI Improve the appearance and function of the built environment.
LUPI Use residential design performance standards to maintain neighborhood character
and ensure compatibility with surrounding uses.
L UP2 Use design and performance standards to achieve a greater range of housing
options in multiple family designations.
L UP3 Use design and performance standards to create attractive and desirable
commercial and office developments.
Ordinance No. 13-
107
Page 2 of 4
Rev 1 /10 LU
(b) The proposed FWRC amendments bear a substantial relationship to the public health, safety,
and welfare because the amendments would allow greater flexibility in designing and siting of various
types of land uses and development, while maintaining and protecting property values and enhancing the
general appearance of the City.
(c) The proposed amendments are in the best interest of the public and the residents of the City of
Federal Way because the proposed amendments would allow greater flexibility in administration of the
community design guidelines, and the proposed amendments will support economic development in the
City by allowing increased creativity in building and site design, while enhancing the general appearance
of the City.
Section 3. FWRC 19.115.020 is hereby, amended to read as follows:
19.115.020 Administration.
Applications subject to community design guidelines and crime prevention through environmental
design (CPTED) shall be processed as a component of the governing land use process, and the Director
shall have the authority to approve, modify, or deny proposals under that process. Unlike development
standards in the zoning code this chapter contains guidelines that are intended to serve as performance
objectives for developing the appropriate siting and design solution for each development on each unique
site. Decisions under this chapter will consider proposals on the basis of individual merit and will
encourage creative design alternatives in order to achieve the stated purpose and objectives of this
chapter. To further such creative design alternatives and in recognition of site - specific opportunities and
constraints decisions under this chapter may allow for departure from any specific or numeric provisions
contained in these guidelines provided the end result is consistent with the purpose statement of this
chapter. Decisions under this chapter are appealable using the appeal procedures of the applicable land
use process.
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. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical
errors, references, ordinance numbering, section/subsection numbers, and any references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Ordinance No. 13-
108
Page 3 of 4
Rev 1/10 LU
Section 7. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way this day of
20
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
KA2013 Cade AmendmentsWdministrative Design Fallibility\design guidelines admin Flexibility council ordinance.doc
Ordinance No. 13- Page 4 of 4
Rev U10 LU
109
u
STAFF REPORT TO THE PLANNING COMMISSION
Amendments to Federal Way Revised Code (FWRC)
Chapter 19.115.020, "Community Design Guidelines, Administration"
File No. 13-103467-00-UP
Public Hearing of September 18, 2013
I. BACKGROUND AND PROPOSED AMENDMENTS
The proposed amendments to the Federal Way Revised Code (FWRC) Title 19, "Zoning and
Development Code," would amend the administration section FWRC 19.115.020 of the Federal
Way Zoning and Development Code, Division 1V, Community Design Guidelines.
The Planning Commission is being asked to review the proposed changes to FWRC Title 19 (attached
as Exhibit A), and forward a recommendation to the City Council's Land Use/Transportation
Committee (LUTC) and City Council.,
These proposed code revisions were not specifically identified in the 2013 Planning Commission
Work Program, but fall within the business friendly code amendments category as adopted by the
City Council. This code amendmentwas initiated by the Director of Community and Economic
Development.
H. ANALYSIS OF PROPOSED CODE AMENDMENT
A. Proposed Code Amendments
1. Recommended modification to the administration section of the Community Design
Guidelines (FWRC 19.115.020).
This proposed amendment would allow greater flexibility in administration of the
community design guidelines contained in the city's zoning and development code.
Specifically, the proposed amendments would allow for departure from any specific or
numeric provisions contained in these design guidelines, provided the end result is
consistent with the purpose statement of the Community Design Guidelines chapter.
B. Rationale for Proposed Code Amendments
All commercial, multi- family, and institutional uses are subject to the city's design guidelines.
The community design guidelines,contained in the FWRC currently have a limited amount of
flexibility.
The city's community design guidelines are written like zoning standards with specific and
numeric requirements. Specifically, the guidelines contain many numeric and overly specific
standards that apply to all type of land uses and developments. The intent of the code revision is
110
to allow the design guidelines to be implemented more as traditional guidelines rather than
standards. Guidelines are intended to outline best practices, and should be implemented with
common sense and flexibility, rather than act as rigid standards. The proposed code
amendments would allow greater flexibility in administering the community design guidelines
for all land uses and developments that are subject to the code. The proposed code amendments
would allow for increased creativity for building and site designers, and would allow departures
from specific and numeric standards of the community design guidelines.
Further, the revisions to the administration section are intended to allow the guidelines to act as
performance objectives for siting and designing buildings, rather than acting as specific and/or
numeric requirements. As currently written, many of the same design guidelines apply to all
types of land use development. For example, under the current code, a 20 -unit multi - family
apartment complex would be subject to many of the same design standards in the guidelines as
a commercial retail center. The proposed amendments are intended to allow for greater
flexibility in the siting and designing of unique land uses, unique site characteristics, and
unique site and building architecture. Under the proposed amendments, building designs may
be afforded relief from specific requirements of the guidelines, provided the overall building
and siting meets the larger intent of the guidelines. As stated in the purpose section of FWRC
Chapter 19.115, the guidelines are intended to require minimum standards for design review to
maintain and protect property values and enhance the general appearance, as well as improve
and expand pedestrian circulation, public space, and pedestrian amenities in the city.
III. PROCEDURAL SUMMARY
Public notice of the September 18, 20.,];3, Planning Commission public hearing was published in the
city's official newspaper on August 31; 2013, and posted on or before September.4, 2013, in
accordance with the city's procedurafrequirements.
IV. PUBLIC COMMENTS
No comments were received as a result of the public notice actions as of the date of this report.
V. REASON FOR PLANNING COMMISSION ACTION
FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning
code text amendments. Consistent with Process VI review, the role of the Planning Commission is
as follows:
1. To review and evaluate the proposed zoning code text regarding any proposed amendments.
2. To determine whether the proposed zoning code text amendments meet the criteria established
in FWRC 19.80.130.
3. To forward a recommendation to the City Council regarding adoption of the proposed zoning
code text amendments.
FWRC Design Guidelines Code Amendment File 13- 103467 -00-UP
September 18, 2013, Planning Commission Public Hearing Page 2 of 4
111
V1. DECISIONAL CRITERIA
FWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section
analyzes compliance of the proposed zoning text amendments with the criteria provided by this
chapter. The city may amend the text of the FWRC only if it finds that:
1. The proposed amendments are consistent with the applicable provisions of the
comprehensive plan.
The proposed FWRC text amendments are consistent with the following Federal Way
Comprehensive Plan (FWCP) policies and goals:
EDG -6 The City will encourage and support existing businesses to remain and/or
expand their facilities within Federal Way.
EDP10 The City will work with the private sector to actively encourage the retention and
expansion of existing businesses, as well as bring in new development, businesses,
and jobs to the community.
EDPIS The City will continue to implement a streamlined permiuingprocess consistent
with state and federal regulations to reduce the upfront costs of locating businesses
in the City.
LUG] Improve the appeararrce and function of the built environment.
LUPI Use residential design performance standards to maintain neighborhood character
and ensure compatibility with surrounding uses.
LUP2 Use design and performance standards to achieve a greater range of housing
options in multiple family designations.
LUP3 Use design and performance standards to create attractive and desirable
commercial and office developments.
2. The proposed amendments bear a substantial relationship to public health, safety, or welfare.
The proposed FWRC text amendments bear a substantial relationship to the public health, safety,
and welfare because the amendments would allow greater flexibility in designing and siting of
various types of land uses and development, while maintaining and protecting property values
and enhancing the general appearance of the city.
3. The proposed amendments are in the best interest of the residents of the city.
The proposed FWRC text amendments are in the best interest of the residents of the city because
the proposed amendments would allow greater flexibility in administration of the. community
design guidelines, and the proposed amendments will support economic development in the city
by allowing increased creativity in building and site design, while enhancing the general
appearance of the city.
FWRC Design Guidelines Code Amendment File 13- 103467 -00-UP
September 18, 2013, Planning Commission Public Hearing Page 3 of 4
112
VII. STAFF RECOMMENDATION
Based on the above staff analysis and decisional criteria, staff recommends that the following
amendments to FWRC Title 19, "Zoning and Development Code," be recommended for approval to
the Land Use/Transportation Committee (LUTC) and City Council.
1. Modification to FWRC 19.115.020, as identified in Exhibit A.
VIII. PLANNING COMMISSION ACTION
Consistent with the provisions of FWRC Chapter 19.80.240, the Planning Commission may take
the following actions regarding the proposed development code text amendments:
1. Recommend to the City Council adoption of the FWRC text amendments as proposed;
2. Modify the proposed FWRC text amendments and recommend to the City Council adoption of
the FWRC text amendments as modified;
3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or
4. Forward the proposed FWRC text amendments to the City Council without a recommendation.
EXHIBIT
Exhibit A — Proposed Draft Code Amendments:
• FWRC Title 19, "Zoning and Development Code," 19.115.020
FWRC Design Guidelines Code Amendment
September 18, 2013, Planning Commission Public Hearing
File 13- 103467 -00-UP
Page 4 of 4
113
Exhibit A
Proposed Draft Code Amendments
FWRC Title 19, "Zoning and Development Code"
19.115.020
19.115.020 Administration.
Applications subject to community design guidelines and crime prevention through environmental
design (CPTED) shall be processed as a component of the governing land use process, and the Director
shall have the authority to approve, modify,. or deny proposals under that process. Unlike development
standards in the zoning code this chapter contains guidelines that are intended to serve as pe ormance
objectives or developing the appropriate siting and design solution for each development on each unique
site. Decisions under this chapter will consider proposals on the basis of individual merit and will
encourage creative design alternatives in order to achieve the stated purpose and objectives of this
chapter. To further such creative design alternatives and in recognition o site - specific opportunities and
constraints decisions under this chapter may allow for departure from any speck or numeric provisions
contained in these guidelines provided the end result is consistent with the purpose statement of this
chi Decisions under this chapter are appealable using the appeal procedures of the applicable land
use process.
Exhibit A, Proposed Draft Code Amendments File 11- 103951 -00-UP
September 18, 2013, Planning Commission Public Heating Page 1 of 1
114
CITY OF FEDERAL WAY
PLANNING COMMISSION
September 18, 2013 City Hall
7:00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Merle Pfeifer, Hope Elder, Tom Medhurst, Sarady Long, Wayne Carlson, and
Tim O'Neil. Commissioners absent: Lawson Bronson (excused). Staff present: Planning Manager Isaac
Conlen, Senior Planner Janet Shull, Contract Planner Jim Harris, Assistant City Attorney Peter Beckwith,
and E. Tina Piety, Administrative Assistant 11.
CALL TO ORDER
Chair Pfeifer called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
The minutes of June 24, 2013, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
None
COMMISSION BUSINESS
PUBLIC HEARING — Proposed Zoning Code Amendments Related to Urban Agriculture
Senior Planner Shull delivered the staff report. She noted that Skye Schell with Forterra (the non - profit
agency representative who worked on the project with the city) is in the audience, along with a number of
citizens who will be giving public testimony. She also noted that staff (and Forterra) has taken into
consideration and inputted Planning Commissioner's comments /suggestions from the January 16, 2013,
study session on this topic.
Senior Planner Shull went over the background and overall goals of the proposed amendments. The
overall goals include implementing policies to support access to healthy food and to be responsive to
community interest in growing food for health, education, and economic benefit. A summary of the
proposed amendments is as follows:
1. Provide definitions for urban agriculture uses.
2. Amend the existing sign tables to include urban agriculture uses to allow for permanent
and temporary identification/informational signs.
3. Amend the existing Suburban Estates (SE) use zone chart and add new use zone charts
allowing urban agricultural uses in each existing zone.
KAPlanning Commission\2013\Mee6ng Summary 09- 18 -13.dm 115
Planning Commission Minutes Page 2 September 18, 2013
4. Add a new section to Federal Way Revised Code (FWRC) Title 19 Division VII,
"Supplemental Zoning Regulations" (which is where one can find regulations related to
the keeping of animals, home occupations, and temporary uses) with regulations and
procedural requirements specific to urban agriculture.
The meeting was opened for Public Testimony.
Jim Cox, Project Manager (with his wife) of the Light of Christ Community Garden — He stated
the purpose of the Light of Christ Community Garden is to provide food to the community and to
bring people together to help one another. They have had some 300 different people (varying in
age from 3 to 83 years) volunteer in the garden. There are people there every day volunteering.
He described one man from the Ukraine for whom the garden is a very special place and who is
there two or three times a day. They produced some 3000 pounds of food this year for donations.
They support Fusion, Mitchell Place, Reach Out, and the Multi- Service Center, among others. All
people, no matter their faith (or lack thereof) are welcome to volunteer to work in the garden. The
garden meets genuine needs and it almost did not happen. When they went to the city for permits,
the city did not have any regulations for community gardens. The proposed amendments would
make the process easier for future applicants.
Maria Brememan — She supports the proposed amendments. She stated they clarify the code and
remove ambiguity and barriers. They are practical and supportive of urban agriculture.
Skye Shell, Forterra — He is excited the proposed amendments are moving forward Forterra has
been working with the city for about a year on this project. The proposed amendments will not
only create access to healthy food, but will provide opportunity for economic development and
small businesses.
Karla Kolibab, Federal Way Farmer's Market — She stated that not having permanent signage is
a problem for the Farmer's Market. Currently they are allowed only temporary signs during the
day of the market. Having a permanent sign would let more people know about the market and
potentially bring more people to the market.
Chair Pfeiffer stated that the Farmer's Market has moved a number of times since they started.
Would this not be a problem if they have a permanent sign? Ms. Kolibab replied they are working
with the Commons Mall on an agreement that would allow them to stay where they are for a
number of years.
Rose Ehl, Federal Way Farmer's Market — She stated the Federal Way Farmer's Market provides
fresh produce and plants /flower, arts & crafts, and processed food; in addition, a master gardener
is available. They host a number of community events and are a venue for WIC and senior
assistance. They have discussed a permanent sign with city staff and the plan is to locate it at the
corner of 320 and Pacific Highway South. They would also have to have clearance from the
Commons Mall. They hope to have a permanent sign for next year.
Public Testimony was closed.
Commissioner Carlson thanked staff for their work and said the proposed amendments are clear and well
written. On page 7 of the staff report in item 11 it talks about soil testing for sites impacted by the
Tacoma smelter plume. How much of the city is affected? What percentage of the city would have to do a
soil test? Senior Planner Shull replied that she does not know the specifics, but according to a map the
KAPI nning Commission12013\Meeting Summary 06- 2413.doc 116
Planning Commission Minutes Page 3 September 18, 2013
area primarily affected is a strip on the western edge of the city. She stated staff has talked to Washington
State Ecology about this issue and they do not think anyone would be denied a garden. They want people
to be aware of the issue and to take appropriate steps if needed. Commissioner Carlson asked that staff
inform applicants what the city would want them to do if they are located in the plume area. Planning
Manager Conlen commented that a map of the area can be given to applicants.
Commissioner Long noted that in some cases a notice of the proposed garden must be given. Is there a
standard area for the notice? Senior Planner Shull replied currently notices are sent to a 300 foot area and
that would be the same for these notices.
Commissioner Medhurst commented that he is grateful for the community gardens and the work they do.
On page 1 of Exhibit A3, it states that farmers markets, "the majority of products for sale should be food -
related products." He is concerned that the word "should" is not strong enough and a farmers market
could develop into a flea market. Senior Planner Shull stated that staff did discuss this phrase and the
word "should" with the stakeholders. No one could think of an appropriate stronger word. Planning
Manager Conlen commented that the word could be changed to "shall." Commissioner Carlson stated he
would support changing the word to "shall" with the understanding that majority would be based on the
width of saleable space.
Commissioner Medhurst asked why (as stated on page 3 of Exhibit D) are structures such as greenhouses
limited to 15 feet in height, while others, such as hoophouses limited to 6 feet in height. Senior Planner
responded that the items limited to six feet in height are not considered "structures." Hoophouses and
similar items are designed to be moved, unlike greenhouses.
Commission Carlson moved (and it was seconded) to recommend adoption of the proposed amendments
to urban agriculture with the modifications that the word "should" in the definition of farmers market will
be changed to "shall," and a definition added that clarifies that the majority of food related products
referred to in the farmers market defmition is based on the width of saleable space. There was no further
discussion and the motion carried unanimously.
The public hearing was closed.
PUBLIC HEARING — Proposed Code Amendments Related to Provisions for Allowing Departures
from Required Community Design Guidelines in all Zoning Districts
Contact Planner Harris delivered the presentation. He went over the background and the overall goal,
which is to increase the flexibility of the community design guidelines to act as performance objectives
rather than to act as specific and/or numeric requirements, while still meeting the larger intent to protect
property values, enhance general appearance, and improve and expand pedestrian circulation and public
spaces in the city. The proposed changes consist of the addition of two sentences to FWRC 19.115.020,
"Administration." There was no public testimony.
Commissioner Long asked if the proposed amendments will allow buildings to be placed closer to the
sidewalk. Contract Planner Harris replied that the proposed amendments will not likely trigger buildings
to be placed closer to the sidewalk. Commissioner Carlson agrees with the proposed amendment. Without
it, it can make for weird designs in order to fit the code requirements. Commissioner Medhurst asked if
there was a specific catalyst for this amendment. Contract Planner Harris replied that there is no specific
catalyst, but the requirements have caused issues in the past. Planning Manager Conlen stated that in the
past, applicants have proposed design that would probably work better, but the city was not able to
approve them because they did not meet the community design guideline requirements.
KAP]wming Commission\2013\Meeting Summary 06.24 -13.dm 117
Planning Commission Minutes Page 4 September 18, 2013
Commissioner O'Neil moved (and it was seconded) to recommend adoption of the proposed amendment
to the community design guidelines as written. There was no further discussion and the motion carried
unanimously.
The public hearing was closed.
ADDITIONAL BUSINESS
Planning Manager Conlen stated that currently there is no date for the next Planning Commission meeting
(it will likely be in November).
Commissioner Elder expressed her concern about the parking disappearing at the Commons Mall. Is the
city monitoring that? Planning Manager Conlen replied that the city is monitoring the parking with the
use of a parking study.
Commissioner O'Neil asked what the direction of the city's urban core is. Nothing seems to change.
Planning Manager Conlen replied that the vision is for denser, mixed -use buildings while also being
pedestrian friendly. The city does not have the market for the vision. The economy has also limited
growth. Commissioner Carlson commented that the city has had proposals for high -rises, but it needs the
middle ground of mid -rises first.
ADJOURN
The meeting was adjourned at 8:10 p.m.
KAPIanning Commission\20I RMeeting Summary 06-24- 13.doc 118
CITY OF FEDERAL WAY
PLANNING COMMISSION
September 18, 2013 City Hall
7:00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Merle Pfeifer, Hope Elder, Tom Medhurst, Sarady Long, Wayne Carlson, and
Tim O'Neil. Commissioners absent: Lawson Bronson (excused). Staff present: Planning Manager Isaac
Conlen, Senior Planner Janet Shull, Contract Planner Jim Harris, Assistant City Attorney Peter Beckwith,
and E. Tina Piety, Administrative Assistant II.
CALL TO ORDER
Chair Pfeifer called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
The minutes of June 24, 2013, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
None
COMMISSION BUSINESS
PUBLIC HEARING Proposed Zoning Code Amendments Related to Urban Agriculture
Senior Planner Shull delivered the staff report. She noted that Skye Schell with Forterra (the non -profit
agency representative who worked on the project with the city) is in the audience, along with a number of
citizens who will be giving public testimony. She also noted that staff (and Forterra) has taken into
consideration and inputted Planning Commissioner's comments /suggestions from the January 16, 2013,
study session on this topic.
Senior Planner Shull went over the background and overall goals of the proposed amendments. The
overall goals include implementing policies to support access to healthy food and to be responsive to
community interest in growing food for health, education, and economic benefit. A summary of the
proposed amendments is as follows:
1. Provide definitions for urban agriculture uses.
2. Amend the existing sign tables to include urban agriculture uses to allow for permanent
and temporary identification/informational signs.
3. Amend the existing Suburban Estates (SE) use zone chart and add new use zone charts
allowing urban agricultural uses in each existing zone.
KAPlanning Commission\201AMeeting Summary 09- 18 -13.dm 119
Planning Commission Minutes Page 2 September 18, 2013
4. Add a new section to Federal Way Revised Code (FWRQ Title 19 Division VII,
"Supplemental Zoning Regulations" (which is where one can find regulations related to
the keeping of animals, home occupations, and temporary uses) with regulations and —
procedural requirements specific to urban agriculture.
The meeting was opened for Public Testimony.
Jim Cox, Project Manager (with his wife) of the Light of Christ Community Garden — He stated
the purpose of the Light of Christ Community Garden is to provide food to the community and to
bring people together to help one another. They have had some 300 different people (varying in
age from 3 to 83 years) volunteer in the garden. There are people there every day volunteering.
He described one man from the Ukraine for whom the garden is a very special place and who is
there two or three times a day. They produced some 3000 pounds of food this year for donations.
They support Fusion, Mitchell Place, Reach Out, and the Multi - Service Center, among others. All
people, no matter their faith (or lack thereof) are welcome to volunteer to work in the garden. The
garden meets genuine needs and it almost did not happen. When they went to the city for permits,
the city did not have any regulations for community gardens. The proposed amendments would
make the process easier for future applicants.
Maria Brememan — She supports the proposed amendments. She stated they clarify the code and
remove ambiguity and barriers. They are practical and supportive of urban agriculture.
Skye Shell, Forterra — He is excited the proposed amendments are moving forward Forterra has
been working with the city for about a year on this project. The proposed amendments will not
only create access to healthy food, but will provide opportunity for economic development and
small businesses.
Karla Kolibab, Federal Way Farmer's Market — She stated that not having permanent signage is
a problem for the Farmer's Market. Currently they are allowed only temporary signs during the
day of the market. Having a permanent sign would let more people know about the market and
potentially bring more people to the market.
Chair Pfeiffer stated that the Farmer's Market has moved a number of times since they started.
Would this not be a problem if they have a permanent sign? Ms. Kolibab replied they are working
with the Commons Mall on an agreement that would allow them to stay where they are for a
number of years.
Rose Ehl, Federal Way Farmer's Market — She stated the Federal Way Farmer's Market provides
fresh produce and plants /flower, arts & crafts, and processed food; in addition, a master gardener
is available. They host a number of community events and are a venue for WIC and senior
assistance. They have discussed a permanent sign with city staff and the plan is to locate it at the
corner of 324h and Pacific Highway South. They would also have to have clearance from the
Commons Mall. They hope to have a permanent sign for next year.
Public Testimony was closed.
Commissioner Carlson thanked staff for their work and said the proposed amendments are clear and well
written. On page 7 of the staff report in item 11 it talks about soil testing for sites impacted by the
Tacoma smelter plume. How much of the city is affected? What percentage of the city would have to do a
soil test? Senior Planner Shull replied that she does not know the specifics, but according to a map the
KAPlanning Commission\2013\Meeting Summary 0674 -13.dm 120
Planning Commission Minutes Page 3 September 18, 2013
area primarily affected is a strip on the western edge of the city. She stated staff has talked to Washington
State Ecology about this issue and they do not think anyone would be denied a garden. They want people
to be aware of the issue and to take appropriate steps if needed. Commissioner Carlson asked that staff
inform applicants what the city would want them to do if they are located in the plume area. Planning
Manager Conlen commented that a map of the area can be given to applicants.
Commissioner Long noted that in some cases a notice of the proposed garden must be given. Is there a
standard area for the notice? Senior Planner Shull replied currently notices are sent to a 300 foot area and
that would be the same for these notices.
Commissioner Medhurst commented that he is grateful for the community gardens and the work they do.
On page 1 of Exhibit A3, it states that farmers markets, "the majority of products for sale should be food -
related products." He is concerned that the word "should" is not strong enough and a farmers market
could develop into a flea market. Senior Planner Shull stated that staff did discuss this phrase and the
word "should" with the stakeholders. No one could think of an appropriate stronger word. Planning
Manager Conlen commented that the word could be changed to "shall." Commissioner Carlson stated he
would support changing the word to "shall" with the understanding that majority would be based on the
width of saleable space.
Commissioner Medhurst asked why (as stated on page 3 of Exhibit D) are structures such as greenhouses
limited to 15 feet in height, while others, such as hoophouses limited to 6 feet in height. Senior Planner
responded that the items limited to six feet in height are not considered "structures." Hoophouses and
similar items are designed to be moved, unlike greenhouses.
Commission Carlson moved (and it was seconded) to recommend adoption of the proposed amendments
to urban agriculture with the modifications that the word "should" in the definition of farmers market will
be changed to "shall," and a definition added that clarifies that the majority of food related products
referred to in the farmers market definition is based on the width of saleable space. There was no further
discussion and the motion carried unanimously.
The public hearing was closed.
PUBLIC HEARING — Proposed Code Amendments Related to Provisions for Allowing Departures
from Required Community Design Guidelines in all Zoning Districts
Contact Planner Harris delivered the presentation. He went over the background and the overall goal,
which is to increase the flexibility of the community design guidelines to act as performance objectives
rather than to act as specific and/or numeric requirements, while still meeting the larger intent to protect
property values, enhance general appearance, and improve and expand pedestrian circulation and public
spaces in the city. The proposed changes consist of the addition of two sentences to FWRC 19.115.020,
"Administration." There was no public testimony.
Commissioner Long asked if the proposed amendments will allow buildings to be placed closer to the
sidewalk. Contract Planner Harris replied that the proposed amendments will not likely trigger buildings
to be placed closer to the sidewalk. Commissioner Carlson agrees with the proposed amendment. Without
it, it can make for weird designs in order to fit the code requirements. Commissioner Medhurst asked if
there was a specific catalyst for this amendment. Contract Planner Harris replied that there is no specific
catalyst, but the requirements have caused issues in the past. Planning Manager Conlen stated that in the
past, applicants have proposed design that would probably work better, but the city was not able to
approve them because they did not meet the community design guideline requirements.
KAPlanning Commission\201AMeedng Summary 06- 24 -13.dm 121
Planning Commission Minutes Page 4 September 18, 2013
Commissioner O'Neil moved (and it was seconded) to recommend adoption of the proposed amendment
to the community design guidelines as written. There was no further discussion and the motion carried
unanimously.
The public hearing was closed.
ADDITIONAL BUSINESS
Planning Manager Conlen stated that currently there is no date for the next Planning Commission meeting
(it will likely be in November).
Commissioner Elder expressed her concern about the parking disappearing at the Commons Mall. Is the
city monitoring that? Planning Manager Conlen replied that the city is monitoring the parking with the
use of a parking study.
Commissioner O'Neil asked what the direction of the city's urban core is. Nothing seems to change.
Planning Manager Conlen replied that the vision is for denser, mixed -use buildings, while also being
pedestrian friendly. The downturn in the nationwide economy has hindered development over the last five
years. Also, it is difficult for a city like Federal Way to compete with Seattle or Bellevue for that type of
development. Commissioner Carlson commented that the city has had proposals for high -rises, but it
needs the middle ground of mid -rises first. Planning Manager Conlen responded that the city is receptive
to mid -rise development and is hopeful see proposals of this nature.
ADJOURN
The meeting was adjourned at 8:10 p.m.
KAPIanning Commission\2013\Meeting Summary 06- 24- 13.doc 122
COUNCIL MEETING DATE: October 15, 2013 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Ordinance establishing the time of payment, interest and penalties to be imposed on delinquent annual
special assessments for the reformation of the Steel Lake Management District Number 1.
POLICY QUESTION: Should the Council adopt an Ordinance establishing the time of payment, interest and
penalties to be imposed on delinquent annual special assessments for the reformation of the Steel Lake Management
District Number 1?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 7, 2013
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: William Appleton, P. E., Surface Water Manager
DEPT: Public Works
Attachments:
1. Land Use and Transportation Committee Memorandum dated October 7, 2013
2. Draft Ordinance
Options Considered:
1. Adoption of an Ordinance establishing the time of payment, interest and penalties to be imposed on
delinquent annual special assessments for the reformation of the Steel Lake Management District
Number 1?
2. Do not adopt an Ordinance establishing the time of payment, interest and penalties to be imposed on
delinquent annual special assessments for the reformation of the Steel Lake Management District
Number 1, and provide staff direction.
MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the October 15, 2013 Council
Ordinance Agenda for first reading.
MAYOR APPROVAL: 4L6u DIRECTOR APPROVAL:
onum ee Council Initial
COMMITTEE RECOMMENDATION: The Committee moves to forward the proposed ordinance to First Reading on
October 15, 2013.
Bob Celski, Chair Jeanne Burbidge, Member Diana Noble - Gulliford, Member
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (OCTOBER 15, 2013) "1 move to forward approval of the ordinance to the
November 5, 2013 Council Meeting for adoption. "
2ND READING OF ORDINANCE (NOVEMBER 5, 2013) "1 move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED /DEFERRED /NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06/2006 123 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 7, 2013
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor
Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management aw
FROM: William Appleton, P.E., Surface Water Manager
Daniel Smith, Water Quality Program Coordinator
SUBJECT: Ordinance establishing the time of payment, interest and penalties to be imposed on delinquent
annual special assessments for the Steel Lake Management District Number 1
BACKGROUND:
On July 2, 2013, City Council adopted Ordinance No. 13 -744 reforming the Steel Lake Management
District (LMD) Number 1. Pursuant to RCW 36.61.120 and RCW 36.61.140, all notice and hearing
requirements for establishing the roll of rates and charges for the LMD have been satisfied.
In addition to establishing the roll of rates and charges, an ordinance must be put into place to establish
the time of payment, interest and penalties to be imposed on delinquent annual special assessments for the
Steel Lake Management District Number 1. The proposed Ordinance will establish May 31" of each
year as the due date for all annual assessments, will impose interest in the amount of one - percent (1 %) per
month on the balance of any delinquent special assessments, and establish the penalty for late payment as
the minimum allowed by RCW 36.61.200, which is five- percent (5 %) of the delinquent special
assessment. The Ordinance also allows for a lien to be placed upon those lots, tracts, parcels of land and
other properties in the special assessment roll that fail to pay their special assessments, penalties and
interest. Additionally, the Ordinance clarifies that the assessment will remain fixed for the 10 -year period
of the LMD and will not be subject to any inflation based adjustments.
124
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, ESTABLISHING THE TIME OF PAYMENT,
INTEREST, AND PENALTIES TO BE IMPOSED ON DELINQUENT
ANNUAL SPECIAL ASSESSMENTS FOR LAKE MANAGEMENT
DISTRICT NO. 1 FOR STEEL LAKE, AND AMENDING
ORDINANCE NO. 13 -744 DELETING THE AUTOMATIC
INFLATION INCREASE.
WHEREAS, on July 2, 2013, the City Council of the City of Federal Way adopted Ordinance
No. 13 -744 renewing Steel Lake Management District Number 1 ( "District "); and
WHEREAS, on August 6, 2013, the City Council of the City of Federal Way passed
Resolution No.13 -642 confirming and approving a special assessment roll for the purpose of
imposing annual special assessments within Steel Lake Management District Number l; and
WHEREAS, to provide clarification on the applicability of the automatic inflation increase
based upon the Seattle Consumer Price Index; and
WHEREAS, pursuant to RCW 35.21.403 and RCW 36.61.200, the City Council of the City
of Federal Way must establish by ordinance interest and penalties to be imposed on delinquent
annual assessments;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Due Date and Interest Penalties on Delinquent Annual Special Assessments.
Annual special assessment payments are due on the thirty -first (3 1) day of May of each year. Interest
in the amount of one - percent (1 %) per month shall be imposed on the balance of delinquent special
assessments. Monthly interest shall be charged on the first day of June and each subsequent month.
Ordinance No. 13-
125
Page I of 4
The penalty for late payment shall be the minimum allowed by RCW 36.61.200.
Section 2. Lien. Pursuant to RCW 35.21.403 and RCW 36.61.230, special assessments,
including penalties and interest, imposed within Steel Lake Management District No. 1 shall be
liened upon the respective lots, tracts, parcels of land, and other property in the special assessment
roll, which lien shall be paramount and superior to any other lien or encumbrance theretofore or
thereafter created except a lien for general taxes. The cost associated with filing a lien and any other
collection effort will be borne by the property owner. No lien shall extend to public property
subjected to special assessments.
Section 3. Ordinance No. 13 -744, Section 1. Renewal of District, shall be amended to read as
follows: Lake Management District Number 1 for Steel Lake is hereby renewed. The boundaries of
Lake Management District Number 1 for Steel Lake are represented in Exhibit A, incorporated by
this reference. The duration of the district shall be for ten (10) years, from January 1, 2014 through
December 31, 2023. Special assessments totaling $15,232 will be collected annually to finance the
District activities, with the total amount to be collected during the life of the District estimated at
being $152,320,
Dri eo lade., not too ova five - eent in any given ye r. The special assessments will be imposed
based on equal charges for similar parcels. Single family residential (RS7.2) lakefront developed
properties will be charged $95 per year. Single family residential (RS7.2, RS5.0) lakefront vacant
properties will be charged $33 per year. The multi - residential lakefront property (RM1800) will be
charged $306 per year. The Steel Lake Park parcel will be charged $2,279 per year. The Department
of Fish and Wildlife public boat launch parcel will be charged $3,895 per year. Unallocated funds
Ordinance No. 13-
126
Page 2 of 4
left in the current Steel Lake Management District Number 1 (estimated to be $15,000 at the end of
2013) will roll over into the renewed Steel Lake Management District Number 1.
Section 4. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 7. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
Ordinance No. 13-
127
Page 3 of 4
PASSED by the City Council of the City of Federal Way this day of 2013.
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 13-
128
Page 4 of 4
COUNCIL MEETING DATE: October 15, 2013 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Resolution creating an Advisory Committee for Steel Lake LMD Number 1.
POLICY QUESTION: Should the Council adopt a resolution creating an Advisory Committee for Steel Lake LMD
Number I?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: October 7, 2013
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ® Resolution ❑ Other
STAFF REPORT BY: William Appleton, P. E., Surface Water Managers,, DEPT: Public Works
Attachments:
1. Land Use and Transportation Committee Memorandum dated October 7, 2013
2. Draft Resolution
Options Considered:
1. Adoption of a Resolution creating an Advisory Committee for Steel Lake LMD Number 1.
2. Do not adopt a Resolution creating an Advisory Committee for Steel Lake LMD Number 1, and provide
staff direction.
MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the October 15, 2013 Council
Business Agenda for approval.
MAYOR APPROVAL: Wy _ DIRECTOR APPROVAL:
ommi ee Council Initial
COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the October 15, 2013
City Council Business Agenda for approval.
Bob Celski, Chair Jeanne Burbidge, Member Diana Noble - Gulliford, Member
PROPOSED COUNCIL MOTION: "I move to adopt the Resolution creating an Advisory Committee for Steel Lake
LMD Number 1. "
129
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
1ST reading
❑
TABLED /DEFERRED /NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
— 02/06/2006
RESOLUTION #
129
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 7, 2013
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor
Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management
FROM: William Appleton, P.E., Surface Water Manager
Daniel Smith, Water Quality Program Coordinator
SUBJECT: Resolution Creating an Advisory Committee for Steel Lake LMD Number I
BACKGROUND:
On July 2, 2013, City Council adopted Ordinance No. 13 -744 reforming Steel Lake Management District
(LMD) Number 1. Pursuant to RCW 36.61.120 and RCW 36.61.140, all notice and hearing requirements
for establishing the roll of rates and charges for the LMD have been satisfied.
A Steel Lake Advisory Committee (SLAC) must now be established, which will represent the property
owners of the district. The Resolution creating an Advisory Committee for Steel Lake LMD Number 1,
will be established to: (1) discuss with the City each spring the proposed annual work program consistent
with Ordinance Number 09 -622 and the Steel Lake Integrated Aquatic Vegetation Management Plan (or
its successors); (2) provide input and suggestions to the City regarding the implementation of the district's
annual work program; (3) work with the City in the preparation of any educational materials related to
Steel Lake and the LMD; (4) provide input to the City each winter on the preparation of an annual report
to the City of Federal Way City Council regarding progress on the LMD work program and the health of
the lake; and (5) support an annual public meeting to brief LMD members on the contents of the annual
report and related LMD activities.
130
RESOLUTION NO. 13-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RENEWING LAKE
MANAGEMENT DISTRICT NUMBER 1 ADVISORY COMMITTEE
FOR STEEL LAKE AND ESTABLISHING THE DUTIES THEREOF.
WHEREAS, Lake Management District Number 1 for Steel Lake was created for the purpose
of generating revenue to provide ongoing aquatic vegetation management, community education, and
other related projects pursuant to RCW 36.61; and
WHEREAS, Resolution Number 13 -630 states that, attendant to the renewal of the Lake
Management District is the reestablishment of the Advisory Committee;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RESOLVES AS FOLLOWS:
Section 1. Creation and Purpose. There is renewed the Steel Lake Management District
Advisory Committee to represent the property owners of Lake Management District (LMD) Number
1 and advise the City Council. The purpose of the Advisory Committee is to represent the property
owners of the LMD to the City Council and (1) each spring, discuss with the City the proposed
annual work program consistent with Ordinance Number 13 -744 and the 2014 -2023 Steel Lake
Management District Plan (or its successors); (2) provide input and suggestions to the City regarding
the implementation of the district's annual work program; (3) work with the City in the preparation
of any educational materials related to Steel Lake and the LMD; (4) each winter, review and provide
input to the City on the preparation of an annual report to the City of Federal Way City Council
regarding progress on the LMD work program and the health of the lake; and (5) support an annual
Resolution No. 13-
131
Page I of S
B. Meeting Schedule. The Committee shall determine a regular meeting schedule (time,
place and frequency), as necessary, approximately once every three (3) months. All
meetings shall be open to the public.
C. Procedures. The Committee shall adopt such rules and procedures as are necessary
for the conduct of its business and shall keep summary notes of its proceedings. The
written notes shall be a public record.
Section 4. Staff Support. Administrative staff support to the Advisory Committee shall be
provided by the City of Federal Way Public Works Director or his/her designee.
Section 5. Sunset. The Advisory Committee shall terminate at the same time as the Lake
Management District authorization expires.
Section 6. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 7. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener /clerical, errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 8. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Resolution No. 13-
132
Page 4 of 5
Section 9. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this day of , 2013.
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No. 13-
133
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134
COUNCIL MEETING DATE: October 15, 2013 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2013 -2015 DOE Capacity Grant Project Approval
POLICY QUESTION: Should the Council approve the use of DOE capacity grant preconstruction planning and
design funding to plan and design the proposed Water Quality Retrofit Project?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 7, 2013
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: William Appleton, P. E., Surface Water Manager / APT: Public Works
Attachments: Land Use and Transportation Committee Memorandum dated October 7, 2013
Options Considered:
1. Approve the use of DOE capacity grant preconstruction planning and design funding to plan and design
the proposed Water Quality Retrofit Project?
2. Do not approve the planning and design of the proposed Water Quality Retrofit Project, and provide staff
direction.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the October 15, 2013 City
Council Consent Agenda for approval.
MAYOR APPROVAL: ll�; % DIRECTOR APPROVAL:
Commit Council Initial
COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the October 15, 2013
City Council Consent agenda for approval.
Bob Celski, Chair Jeanne Burbidge, Member Diana Noble - Gulliford, Member
PROPOSED COUNCIL MOTION: "I move to approve the use of DOE capacity grant preconstruction planning
and design funding to plan and design the proposed Water Quality Retrofit Project. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED /DEFERRED /NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06 /2006 RESOLUTION #
135
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 7, 2013
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor
FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management
William Appleton, P.E., Surface Water Manager /#--.
SUBJECT: 2013-2015 DOE Capacity Grant Project Proposal
BACKGROUND:
In August of 2013, the Department of Ecology announced the availability of Capacity Grant funding in an
amount up to $50,000.00 for each Phase I and II jurisdiction as well as up to $120,000 for planning and
design of stormwater flow control and /or treatment facilities. The $50,000 in Capacity Grant funding is
to be used to carry out the requirements of the NPDES permit through training, equipment purchases,
education and outreach, inspection/monitoring and program development. To receive funds for planning
and engineering, jurisdictions must commit to a schedule of deliverables that culminates with the
generation of 90% project design plans no later than August 1, 2014. Specifically, recipients of this
funding opportunity agree to the following legislative provision conditions:
• Pre - construction projects must provide high water quality or ecological benefit and
address stormwater pollution from existing development.
• The award may be used for planning and design of one or more retrofit projects; at least
one project planned with these funds must implement low impact development
techniques.
• Pre - construction activities are intended to prepare the project for application to the
competitive stormwater grant program in September 2014.
Staff, have submitted the "Grant Acceptance Intent Notice" (GAIN) indicating an intent to accept both the
capacity funding of $50,000 as well as the design funding in an amount up to $120,000. There is no
match required for these grant funds. SWM is proposing that the project described below be approved for
planning and design and that Capacity Grant funding in an amount of up to $120,000 be used to facilitate
this work. SWM staff will be used to perform planning and design work.
PROJECT DESCRIPTION:
Watersheds within the City support significant salmon runs in addition to sea run Cutthroat Trout;
however, non -point source pollution and detrimental stream flows brought about from existing
development within these watersheds continue to negatively impact the aquatic habitat, as evinced by
biotic integrity data being collected. The City believes that salmon recovery is an achievable goal, and
that a stormwater retrofits focused on improving water quality within our watersheds is a key step towards
achieving this goal.
SWM is proposing that 2013 -2015 Capacity Grant Funding to plan, design and construct multiple water
quality/ flow control retrofit projects within or adjacent to existing ROW. These projects will treat and or
136
Oct 7, 2013
Land Use and Transportation Committee
Page 2
infiltrate surface water runoff from ROW that is generated during the very early stages of rainfall events
(First Flush Events). Retrofit approaches that will be evaluated for use within the existing right -of -way
(ROW) include: infiltration, filtration, and bioretention. Projects will be designed and constructed in
accordance with the latest edition of the King County Surface Water Design Manual as well as the Low
Impact Development Technical Guidance Manual for Puget Sound.
The project will review the extent of construction opportunities within or in close proximity to the ROW,
high use areas, soil types and well head protection zones within our watersheds and generate a list of
locations that are suitable for stormwater retrofits; opportunities for demonstration projects and proximity
to fish bearing waters will also be considered during this phase. Concurrent with this activity, water
quality retrofit approaches /techniques will be evaluated. Retrofit approaches will be paired with the
appropriate locations and a project list will be generated, the prioritization of which will lead to the
identification of those projects to be pre - designed. It is contemplated that multiple smaller projects may
be grouped together as one overall retrofit project package. The flowing factors will be considered during
site selection:
• High use intersections or roadways
• Proximity relative to fish bearing waters
• Soil type
• Extent of ROW /availability of additional ROW
• Demonstration project opportunities
The long term goal of this project is to develop and initiate a water quality retrofit program for the entire
City. The proposed project(s) will serve as a demonstration/ proof of concept project(s) and would
ultimately lead to the establishment of a long term water quality retrofit program within the City that
would construct similar projects on an annual or semi - annual basis.
Project Tasks
Task 1- Project Administration/Management:
Period of Performance for Task 1: Sept 2013 — August 2014
Description: SWM will administer and manage the project. Responsibilities will include, but not be
limited to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress
reports; compliance with applicable procurement, contracting, and interlocal agreement requirements;
application for, receipt of, and compliance with all required permits, licenses, easements, or property
rights necessary for the project; and submittal of required deliverables. SWM will ensure this project is
completed according to the details of this agreement. Deliverables:
• Quarterly progress reports and financial vouchers
Task 2- Watershed Assessment:
Period of Performance for Task 2: Sept 2013 — Nov 2013
Description: Watershed assessment will include evaluation of the following characteristics: soil types,
wellhead protection areas, location of utilities, extent of right of way /City property, high use /high risk
areas with respect to water quality, and the location of stormwater outfalls. This assessment will focus
on thoroughly reviewing existing data, reports and maps. A GIS map depicting areas within the City
where water quality /flow control retrofits opportunities exist will be generated. Deliverables:
• GIS based map of suitable retrofit areas within the Hylebos basin.
Task 3- Evaluation and Selection of Retrofit Techniques:
Period of Performance for Task 3: Sept 2013- Dec 2013
137
Oct 7, 2013
Land Use and Transportation Committee
Page 3
Description: This task will involve the review of existing retrofit techniques that employ infiltration,
filtration, bioretention or any combination of the three. Approaches and technologies will be reviewed for
fit with respect to the City's current right -of -way standards as well as integration into new development
standards. Literature /manuals on Low Impact Development (LID) will be reviewed and stormwater
retrofit projects in the Seattle and Portland areas will be investigated. The emphasis of this task will be to
use existing techniques, concepts and approaches and to modify them appropriately to integrate into
Federal Way Street infrastructure. The development of retrofit techniques /approaches that can be
installed by City maintenance crews is also an important element of this task as it will expand the City's
ability to install these projects. Deliverables:
• Menu of viable water quality/ flow control retrofit techniques.
• Standard drawings and associated details.
Task 4- Identification of Retrofit Projects:
Period of Performance for Task 4: Dec 2013 — Jan 2014
Description: Determine which retrofit techniques /approaches can be applied within areas that have been
identified as being able to accommodate retrofit opportunities. Generate a project list. A prioritization
matrix will be developed and the project . list prioritized. Retrofit projects will be scoped such that
individual projects can be completed by city crews and multiple projects can be packaged together for
putting out to bid. Deliverables:
• 30% Design Plans
Task 5- Retrofit Pre - design:
Period of Performance for Task 5: Dec 2013 — Aug 2014
Description: The three highest priority retrofit projects will be selected for pre - design. The pre - design
report will include the following: 1) Project Summary describing the problem and how the project will
address it; 2) Site assessment including topographic mapping of the project area, geotechnical site
investigation, and a detailed investigation and mapping of utilities; 3) Engineering design including flow
modeling for project sizing, verification of retrofit technique and plan and profile drawings in AutoCAD;
4) Environmental review to identify permits /processes that need to be obtained or completed; 5) Cost
estimate including all costs from, design thru construction; and 6) Assessment of maintenance and
operation requirements for the future facility. Deliverables
• 90% Design Plans.
138
SUBJECT: 2014 Asphalt Overlay Program Preliminary Project List and Authorization to Bid
POLICY QUESTION: Should the Council approve the 2014 Asphalt Overlay Program Preliminary Project List, and
authorize staff to proceed with the design and bid of the proposed 2014 Asphalt Overlay Program?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: October 7, 2013
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jeff Huynh Street Systems En ineer DEPT: Public Works
�..... -- ..._ .................... ..............._........_....__ ......................._ ...............................__..__........._ .__................_..__....... _.._...._.._._ ......__..._._._.__......__.... -- ........ -- - ..._..._............_._.._.
Attachments: Land Use and Transportation Committee memorandum dated October 7, 2013.
Options Considered:
1. Approve the list of streets for the 2014 Asphalt Overlay Project as presented. Furthermore, authorize
staff to bid all or part of the 2014 Asphalt Overlay Project, returning with a request for permission to
award the project within the available 2014 Asphalt Overlay Budget to the lowest responsive,
responsible bidder.
2. Direct staff to modify the preliminary list and return to Committee for further action.
MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the October 15, 2013 City
Council Consent Agenda for approval.
MAYOR APPROVAL: 7 "� DIRECTOR APPROVAL: '�
Co ttee Council Committee
COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the October 15, 2013
Council Consent Agenda for approval.
Bob Celski, Chair Jeanne Burbidge, Member Diana Noble - Gulliford, Member
PROPOSED COUNCIL MOTION: "I move to approve the list of streets for the 2014 Asphalt Overlay Project as
presented. Furthermore, authorize staff to bid all or part of the 2014 Asphalt Overlay Project, returning with a
request for permission to award the project within the available 2014 Asphalt Overlay Budget to the lowest
responsive, responsible bidder. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 02/06/2006 139 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 7, 2013
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor
FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management 0' i
Jeff Huynh, Street Systems Engineer-
SUBJECT: 2014 Asphalt Overlay Program Preliminary Project List and Authorization to Bid
BACKGROUND'
Public Works staff has developed a list of recommended streets for the 2014 Asphalt Overlay Program. The
total estimated budget for the program is $1,800,267 and is comprised of the following:
• 2014 Proposed Overlay Budget $1,484,000
• 2014 Structures Budget $166,267
• 2013 Carry Forward (estimate) $100,000
• Proposed budget transfer from the Annual
Transportation System Safety Improvements $50,000
Fund
TOTAL FUNDING AVAILABLE $1,800,267
The transfer of the $166,267 from the structures budget and the proposed transfer of $50,000 from the Annual
Transportation System Safety Improvements fund are for the City's annual Sidewalk Maintenance Program,
and will cover the costs associated with the replacement of substandard wheelchair ramps, and repairing
existing curb, gutter, and sidewalks within the overlay project area.
The following is a preliminary list of streets to be included in the 2014 Asphalt Overlay Program. The streets
were selected using the City's Pavement Management System and were verified by field reconnaissance. The
costs shown are estimated and will be refined as the design of each schedule is completed. A project vicinity
map and more detailed area maps are attached for your information.
SCHEDULE
DESCRIPTION
AMOUNT
A
SW 356th Street — City limit to 15th Ave SW
$400,000
B
SW 320"' Street— 14th Ave SW to 21th Ave SW
$215,000
C
SW 320th Street — 11th Ave SW to 14th Ave SW
$245,000
D
11th Ave SW — SW 320th St to 1061 Ave SW
$475,000
E
Twin Lakes 'Highlands
$526,000
F
S352 nd Street — Enchanted PKWY to I -5
$150,000
ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS:
$2,011,000
5% Construction Contingency
$100,550
Pavement Management System
$55,000
In -house Design
$60,000
Construction Administration
$100,000
City's Administrative Fee
$66,368
Printing and Advertising
$3,500
ESTIMATED TOTAL PRqC416AM COST:
$2,396,418
October 7, 2013
Land Use and Transportation Committee
2014 Asphalt Overlay Program
Page 2 of 2
The estimated cost of $2,396,418 is a preliminary figure used for estimating purposes only and includes
construction administration, five percent construction contingency, in -house design and construction
management, printing and advertising. The 2014 Asphalt Overlay Project will be awarded within the available
overlay program budget.
Once Council approves the list of streets for the Overlay Program, staff will begin the final design. The
anticipated date for advertising is January 2014, with construction beginning in April 2014.
k: \lutc \2013 \10 -07 -13 2014 Asphalt Overlay list.doc
141
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COUNCIL MEETING DATE:. October 15, 2013 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2013 Asphalt Overlay Project — Final Acceptance
POLICY QUESTION: Should the Council accept the 2013 Asphalt Overlay Project constructed by Tucci and
Sons Inc. as complete?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 7, 2013
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jeff Huynh Street Systems Engineer DEPT:. Public Works
...... __ ..........................................._. .............._....._..........
Attachments: Memorandum to Land Use and Transportation Committee dated October 7, 2013
Options Considered:
1. Authorize final acceptance of the 2013 Asphalt Overlay Project constructed by Tucci and Sons, Inc., in
the amount of $1,554,019.46 as complete.
2. Do not authorize final acceptance of the completed 2013 Asphalt Overlay Project constructed by Tucci
and Sons, Inc. as complete and provide direction to staff.
MAYOR'S RECOMMENDATION: The mayor recommends Option 1 be forwarded to the October 15, 2013
Council Consent Agenda for approval.
MAYOR APPROVAL: DIRECTOR APPROVAL: e�x'i \
Comnauee Council Committee
COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the October 15, 2013
Council Consent Agenda for approval.
Bob Celski, Chair Jeanne Burbidge, Member Diana Noble - Gulliford, Member
PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the 2013 Asphalt Overlay Project
constructed by Tucci and Sons, Inc., in the amount of $1,554,019.46 as complete. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED /DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
143
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 7, 2013
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor
FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management "A,
Jeff Huynh, Street Systems Engineer
SUBJECT: 2013 Asphalt Overlay Project — Project Acceptance
BACKGROUND:
Prior to release of retainage on a Public Works construction project, the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The 2013 Asphalt Overlay Project contract with Tucci and Sons, Inc. is complete. The
final construction contract amount is $1,554,019.46. This is $50,987.63 below the $1,605,007.09
(including contingency and Council approved change order) budget that was approved by the City
Council on March 19, 2013 and April 16, 2013.
cc: Project File
Central File
K: \LUTC\2013 \10 -07 -13 2013 Asphalt Overlay project - Project Acceptance.doc
144
COUNCIL MEETING DATE: October 15, 2013 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: S 320th Street (I Vh P1 South to I -5 Limited Access) Preservation Project — 85% Design Status Report
and Authorization to Bid
POLICY QUESTION: Should the City Council authorize staff to bid the S320th Street (I l l' Pl South to I -5 Limited
Access) Preservation Project and return to the LUTC and Council for bid award, further reports and authorization?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: October 7, 2013
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jeff Huynh, Street Systems Engineer DEPT: Public Works
......................_ ......................................-................................................._........................................................................--............................. ............................... .....................................-.........._........................................................................--.................-.........................----- ....._.....- ...----- ....... -- -
Attachments: Land Use and Transportation Committee memorandum dated October 7, 2013.
Options Considered:
1. Authorize staff to bid the S 320th Street (11"' P1 South to I -5 Limited Access) Preservation Project and
return to the LUTC and Council to award the project to the lowest responsive, responsible bidder.
2. Do not authorize staff to bid this project and provide direction to staff.
MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the October 15, 2013 City Council
Consent Agenda for approval.
MAYOR APPROVAL: / DIRECTOR APPROVAL:
Com ittee Council Committee
COMMITTEE RECOMMENDATION: The Committee recommends forwarding Option 1 to the October 15, 2013 City
Council Consent Agenda for approval.
Bob Celski, Chair Jeanne Burbidge, Member Diana Noble - Gulliford, Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to bid the S 320th Street (11'h P1 South to I -5 Limited
Access) Preservation Project and return to the L UTC and Council to award the project to the lowest responsive,
responsible bidder. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED /DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances wily) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
145
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 7, 2013
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor n ,�
FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management V�
Jeff Huynh, Street Systems Engineer -"
SUBJECT: S 320`' Street (11`h P1 South to I -5 Limited Access) Preservation Project — 85% Design Status
Report and Authorization to Bid
BACKGROUND:
Under the PSRC Countywide Preservation Competition in 2012 the City was awarded Grant funding for the
overlay and ADA retrofit of S 3201h Street between 11 `h PI South and I -5 Limited Access.
The following provides a brief synopsis of the progress on the project to date. Currently, the project design is
approximately 85% complete, which includes the following completed tasks:
• Preliminary Contract Specifications
• Project Design to 85%
• Environmental Documentation Approval
Ongoing Tasks Include:
Contract Specifications
Project Design to 100%
PROJECT ESTIMATED EXPENDITURES:
Design (In house Design)
$133,300
Right -Of -Way Acquisition
N/A
2014 Construction Cost Est.
$1,300,000
5% Construction Contingency
$65,000
Project Management (In house Design)
$101,700
TOTAL PROJECT COSTS
$1,600,000
PROJECT AVAILABLE FUNDING:
PSRC Grant Funding
$1,100,000
City Funding
$500,000
TOTAL AVAILABLE BUDGET
$1,600,000
The project is within available budget and staff anticipates bidding the project in January 2014. Construction is
anticipated to commence in April 2014 with an estimated substantial completion date in August 2014.
146