2022 11-02 Planning Commission Agenda PacketCommissioners City Staff
Lawson Bronson, Chair Wayne Carlson, Vice-Chair Keith Niven, Planning Manager
Tim O’Neil Hope Elder Kari Cimmer, Admin & Permit Center Supervisor
Diana Noble-Gulliford Tom Medhurst 253-835-2629
Jae So Anna Patrick, Alternate www.cityoffederalway.com
Vickie Chynoweth, Alternate Vacant, Alternate
K:\01 - Document Review\Planning\Planning Commission Documents\2022 11 November 02\To Be Purged\2022 11-02 Planning Commission Agenda.docx
City of Federal Way
PLANNING COMMISSION
November 02, 2022 City Hall
6:00 p.m. City Council Chambers
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
a. Planning Commission Meeting of October 19, 2022
4. PUBLIC COMMENT (NON-HEARING COMMENTS)
5. COMMISSION BUSINESS
a. Public Hearing: 2022 Annual Comprehensive Plan Amendments
i. Staff Presentations
ii. Commission Questions
iii. Public Comment
iv. Commission Deliberation
6. STAFF BUSINESS
a. Manager’s Report
7. NEXT MEETING
a. November 16, 2022 – Public Hearing (if continued)
8. ADJOURNMENT
Planning Commission meetings are held in-person.
To request accommodation to attend or to provide public comment virtually, please contact Kari Cimmer at 253-835-2629 or
karic@cityoffederalway.com, no later than 5:00 p.m. on Tuesday, November 1, 2022.
Planning Commission Minutes Page 1 October 19, 2022
CITY OF FEDERAL WAY
PLANNING COMMISSION
October 19, 2022
6:00 p.m. City Hall
MEETING MINUTES
1. CALL TO ORDER
Chair Bronson called the meeting to order at 6:02 p.m.
2. ROLL CALL
Commissioners present: Hope Elder, Jae So, Diana Nobler-Gulliford, Lawson Bronson, Tom Medhurst, Wayne
Carlson, Anna Patrick, and Vickie Chynoweth.
Chair Bronson excused Commissioner Tim O’Neil.
City Staff present: Planning Manager Keith Niven, City Attorney Kent van Alstyne, and Admin & Permit
Center Supervisor Kari Cimmer.
3. APPROVAL OF MINUTES
Commissioner Noble-Gulliford moved to approve the October 5, 2022 minutes as submitted. Second by
Commissioner So.
4. PUBLIC COMMENT
No public comments.
5. COMMISSION BUSINESS
Planning Manager Niven began presenting the researched responses to the Economic Development Goals
presented on September 7, 2022.
Mr. Niven then briefed the Commissioners on the 47 economic development new and revised policies.
The Commissioners asked staff to research and provide responses regarding several items, including interrupted
buffers, current BLA requirements, affordability comparisons, several items in the Mobile Food Vendor
section, clarifications regarding the Iconic Signs section, follow-ups regarding the TC-3 Project, and a setback
question regarding the Steel Lake Annex. Revisions to the Economic Development Policies section of the
Comp Plan reviewed this evening were also suggested by Commissioners. Planning Manager Niven will
provide response memos as part of the November 2, 2022 Public Hearing agenda packet
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Planning Commission Minutes Page 2 October 19, 2022
6. MANAGER REPORT
Planning Manager Niven updated the Commissioners regarding the hiring of the Economic Development
Director. The goal is to hire a qualified person before the end of the year.
The Land Use and Transportation Committee will see a presentation regarding the potential uses at the TC-3
property. The meeting will be on November 7th and will include a Zoom option, if Commissions would like to
attend remotely.
The November 2, 2022 Planning Commission meeting will be a public hearing regarding the code changes
reviewed over the last several months.
Planning Manager Niven updated the Commissioners that City Council has voted to approve the Bally’s
property rezone and the owners are looking to submit permits very soon.
7. NEXT MEETING
The November 2, 2022 Planning Commission will be a public hearing and will begin at 6:00 p.m.
8. ADJOURNMENT
Commissioner Carlson moved that the meeting be adjourned; Second by Commissioner Medhurst.
The meeting adjourned at 6:59 p.m.
Attest: Approved by Commission:
_______________________________________ __________________
Kari Cimmer, Admin & Permit Center Supervisor Date
Page 3 of 188
COMMUNITY DEVELOPMENT DEPARTMENT
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
MEMORANDUM
DATE: 27 October 2022
TO: Federal Way Planning Commission
FROM: Keith Niven, AICP, CEcD
Planning Manager
SUBJECT: Proposed edits to Economic Development Policies
The Planning Commission considered revisions to the Economic Development Chapter policies on 19
October 2022. The following edits/additional policies reflect the discussion conducted by the Commission:
Policy edits:
New Policies:
EDP 48 Create opportunities for local entrepreneurs to learn from and engage with business development
organizations including local and federals programs.
EDP 49 Ensure the development of local economic development programing is inclusive, accessible, culturally
appropriate and serves the diverse community.
EDP 50 Facilitate diverse housing options and active mixed-use neighborhoods as magnets for attracting an
educated and talented workforce.
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33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
MEMORANDUM
DATE: 26 October 2022
TO: Federal Way Planning Commission
FROM: Brian Davis, Director
Keith Niven, AICP, CEcD, Planning Manager
SUBJECT: Response Memo – Various Code Amendments
Various Code Amendments
1. Confirm what FW’s code currently says about interrupted wetland buffers (from roads, parking lots
or other paved surfaces)
Response: FWRC 19.145.270(4) Stream Buffers: Permanently altered buffer. The director may provide
written approval for a buffer reduction when existing conditions are such that portions of the required buffer
exist in a permanently altered state (e.g., roadways, paved parking lots, and permanent structures) and do not
provide any buffer function. The buffer may be reduced up to the area where the altered conditions exist.
FWRC 19.145.440(4): Permanently altered buffer. The director may provide written approval for a buffer
reduction when existing conditions are such that portions of the required buffer exist in a permanently altered
state (e.g., roadways, paved parking lots, and permanent structures) and do not provide any buffer function.
The buffer may be reduced up to the area where the altered conditions exist.
2. Further describe the various ‘hoops’ that applicants currently have the jump through for BLAs.
Response: Staff’s presentation regarding this amendment was not clear. The intent of the proposed code
amendment is to indicate to applicants they need to review the submittal requirements on the existing Bulletin
(see attached). This is not a proposal to increase the submittal requirements.
3. Confirm how measuring affordability based on AMI rather than County Median Income changes the
city’s overall affordability #s
Response: This amendment is intended to clarify language used most often by industry professionals and
regional planning documents (Countywide Planning Policies). Staff do not foresee any unintended
consequences for changing from median county income to AMI considering the current practice for the City
of Federal Way is to use the AMI for the Seattle-Bellevue, WA HUD Metro FMR Area.
Including the definition for AMI with this code amendment provides the data source as well unlike the
current code.
Food Trucks:
1. Confirm if current definition of Class 1 mobile vendors would allow a vendor to operate on several
different SF residential sites per day/month; double check, or tighten up definition to ensure this is allowed.
Response: Yes, it would; the language “operates on a particular improved property for no more than a single-
day…” implies that the once/month limit is per property but wouldn’t limit a food truck from operating on
different SF properties more frequently.
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2. Confirm if the City’s food truck review (currently and as proposed) ever involves the City checking
with L&I? If so, at what point?
Response: S King Fire & Rescue’s food truck inspection checklist includes verifying it’s been L&I-inspected.
Public Works’ review does currently involve checking with L&I. Planning staff are still checking with Building
if their review involves checking with L&I.
3. Confirm that beauty shops and pet grooming services wouldn’t be allowed under current definition;
if so, tighten up definition to ensure they’re not allowed under current definition.
Response: The “Mobile food or retail vendor” mentions “retail service” although then says “used to sell
goods, food and/or beverages.” Also the code definition of “retail establishment” includes services. This
could lead to unintended consequences – the proposed code will be updated.
4. Look into whether uses some Commissioners raised concerns about (bikini baristas, massage parlors,
etc.) could legally be regulated by the City, and whether there’s any opportunity in the mobile vendor code to
regulate mobile versions of such uses.
Response: This may have been sufficiently addressed at the PC meeting. If the way a use operates is otherwise
allowed in our code then it would be permitted as a mobile food or retail vendor as well. No edits are
suggested.
5. Confirm that current code wouldn’t make it more difficult for mobile vendors operating at the
Saturday market.
Response: It wouldn’t. Any vendor operating at the Saturday market must have a biz license, but given the
duration of that even mobile vendors would be subject to just the biz license and supplemental mobile
vendor checklist that goes with it.
Iconic Signs:
1. Confirm size limitations for iconic signs. Concern was raised about them being too large.
Response: The only criteria regarding height is Criteria j:
Although this doesn’t propose a maximum height, it does indicate the sign needs to have some relationship to
the building. The Commission should comment on whether this provides enough structure or not.
2. Double check if any of the proposed criteria are too vague, and if that vagueness leaves City open to
liability?
Response: Although there were very few existing codes to utilize for inspiration, staff found codes from
Merced County (CA), Tucson (AZ), and Louisville (CO) to use as guidance. It is staff’s position the draft
criteria listed in 19.140.135(4)(a)-(m) provides the City with ample guidance to ensure a proposed iconic sign
achieves the intended purpose of the code section and will not lead to unintended consequences.
3. Would the code allow for Barbershop poles and similar “themed” signs?
Response: Barber poles are specifically exempt under the City’s current sign code:
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There are 29 exempt types of signs identified in this section of code.
TC3 Follow-Ups
1. Confirm which features of the TC3 would be City-financed vs. privately financed.
Response: This detail will not be known until the City decides to enter into development agreements with
developers. This will likely occur Q2 or Q3 of 2023.
2. Provide the PC with the 2021 economic development study that addressed the feasibility of a hotel
Response: The Proposed Federal Way Hotel report, prepared by HVS and dated November 2021 is a report
in excess of 100 pages. If any Planning Commission member would like to receive a copy of this report,
please let Keith know and he will send you a copy.
Other Commission questions
1. Confirm current setback requirements for the future industrial use of Steel Lake Annex.
Response: The property is currently zoned RS 7.2. Future “government facility” uses are subject to the
requirements listed in FWRC 19.200.150. See Chart below:
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BOUNDARY LINE ADJUSTMENT
PURPOSE
A boundary line adjustment (BLA) is intended for the purpose of altering the location of property lines in
order to reflect existing physical boundaries or to make minor changes to lot lines. BLAs are a minor
alteration in the location of lot boundaries on existing lots. Such alteration shall not increase the number
of lots nor diminish in size open space or other protected environments, shall not diminish the size of any
lot so as to result in a lot of less square footage than prescribed in the zoning regulations, and shall not
result in the reduction of setbacks or site coverage to less than prescribed by the zoning regulations.
WHO MAKES THE DECISION
The Community Development Director will make the decision on the BLA. The application is processed
under the provisions of Federal Way Revised Code (FWRC) Chapter 18.10, “Boundary Line
Adjustments.” Your application will be evaluated on the basis of the information you provide, the criteria
listed in the pertinent sections of the city’s regulations, and inspection of the property. Upon determining
that the BLA application is complete, the city will distribute a notice of complete application.
ENVIRONMENTALLY CRITICAL AREAS
Projects that involve work within environmentally critical areas may require that the city contract out for
expert technical assistance. Pursuant to FWRC 19.145.080, the applicant is responsible for providing any
information, mapping, studies, and materials; and having the city’s third party consultant review the
materials for compliance. You will be advised at an early point in the process if your project will be
subject to these types of expenses.
RECORDING
The applicant records the approved BLA with the King County Division of Records and Elections, at
their expense. Before the action is considered complete, a copy of the BLA document, stamped with the
recording number, must be returned to the city for a final review and placement in the official file.
HOW TO APPLY
The applicant (owner or owner’s appointed agent) files a complete application with the Community
Development Department using the Master Land Use Application form, which can be obtained at our
office or on the city’s website (www.cityoffederalway.com).
All application materials must be submitted electronically. Please visit our website at
https://www.cityoffederalway.com/node/4588 to request a document upload link and obtain
COMMUNITY DEVELOPMENT DEPARTMENT
33325 8th Avenue South
Federal Way WA 98003
253-835-2607; Fax 253-835-2609
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information on how to successfully prepare your application materials for electronic submittal and
review.
A complete application is required before the city can proceed with technical analysis and make an
informed decision on your application. Following is a list of materials that must be submitted with your
application. Please do not turn in your application until all items on the list that apply to your proposal
have been included. Incomplete applications or improperly named/formatted documents will not be
accepted. Consult with the Community Development Department’s Permit Center (253-835-2607, or
permitcenter@cityoffederalway.com) if you have a question. All application materials become public
information.
BOUNDARY LINE ADJUSTMENT SUBMITTAL REQUIREMENTS
Project Name:
Project Description:
Applicant/Agent:
File No(s):
Required Submitted
Completed Master Land Use Application, including the signature of persons with
ownership interest in the property. Agent authorization is required if the application is
not signed by owners of all subject parcels.
Application fees
Lot closure calculations (with surveyor’s seal) of the proposed lots.
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Title report for the subject property, not more than one year old, including any
easements or restrictions affecting the properties with a description, purpose, and
reference by auditor’s file number and/or recording number; parties of interest; and
any restrictions or covenants running with the property.
Certificate of water availability, signed within a year of the date of application.
Certificate of sewer availability, signed within a year of the date of application, unless
the site is to be served by an on-site septic system; or
Seattle-King County Health Department approval of the proposed BLA if the project is
to be served by an on-site septic system.
Critical area report, if required per FWRC 19.145.080.
Proposed BLA drawing as specified below.
The drawing shall be 18 x 24 inches in size, drawn to a scale of 1″=50′ or larger, on
the city’s standard BLA title block form (contact Public Works for current title block
form).
One set of reproducible drawings (paper or mylar) will be required after the BLA is
approved, prior to signing and recording. The applicant is responsible for making
two paper copies once the BLA is signed.
Additional information as required by Community Development and/or Public Works.
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Required Submitted
Boundary Line Adjustment Drawing including, but not limited to:
Proposed name of the BLA. (You may wish to check with the city to make sure the
name has not been taken yet.)
Name, address, and phone number of each property owner.
Name, address, and phone number of the registered land surveyor.
Scale of drawing, north arrow, and date (subsequent resubmittals must have a
revision date).
Vicinity map with labeled streets and north arrow.
Location by section, township, and range.
Legal description of existing and proposed lots.
Tax parcel numbers of the parcels being altered by the boundary line adjustment.
The existing lot lines shown in dashed lines and the area of each of the lots.
The new lot lines shown in solid lines and the area of each of the new lots.
Existing topography of the land indicated by contours of 2-foot intervals for slopes
less than 15 percent and 5-foot intervals for slopes of 15 percent or greater.
Vertical Datum (NGVD-29 or KCAS).
Location and extent of significant natural features on and immediately adjacent to
the site. Such features shall include but are not limited to streams, wetlands, views,
stands of trees, and water bodies to the extent that significant natural features
and/or their associated buffers affect the BLA.
Location of all structures shown on lots with distances shown to existing and
proposed lot lines if within 50 feet.
Location of all existing and proposed recorded easements for access, utilities, or
other purposes with recording number.
Location, widths, and names of existing abutting streets. Provide location of existing
driveways or access route to right-of-way of existing and new lots.
Basis of bearing shown.
Statement of equipment and procedures used indication of perimeter boundary,
lot, and right-of-way lines with a notation of bearings or azimuth from the north,
distances, and curve data.
Location and description of all monuments both found and set.
Identification of all controlling corners used. (i.e. calculated, found, established,
reestablished) A field survey for establishment of corners is not required when an
interior lot line is removed.
Where an on-site sewage disposal system is utilized, Seattle-King County
Department of Public Health signature is required.
The city’s file number will be assigned upon application. Include the file number on
subsequent resubmittals.
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Page 169 of 188
1
STAFF REPORT
Date: October 26, 2022
To: Federal Way Planning Commission
From: Brian Davis, Director of Community Development
Evan Lewis, Associate Planner
Subject: Mobile Food or Retail Vendor Code Updates
I. BACKGROUND
The proposed mobile food or retail vendor code amendments establish more clear, consistent and
flexible mobile vending review processes and standards which are more appropriately scaled to the
unique and varied ways that mobile vendors operate.
Federal Way’s current mobile vending code requirements are primarily found in FWRC 19.275.070
for Food trucks/carts; a code section adopted in 2012. In the past 10 years the food truck industry
(which likely comprises most mobile vending) has seen significant growth nationally and locally,
bringing food and retail goods to new areas, offering a new venue for existing brick-and-mortar
restaurants and retail, and providing a popular entrepreneurship opportunity for many individuals.
However, mobile vending poses several local permitting challenges due to the variety of property
types they operate on, duration of operation at any one location, site uses and layouts, vehicle designs,
and their mobile nature in general.
Federal Way’s current temporary use regulations are inadequately one or two sizes fits all, resulting in
many food trucks undergoing little to no review by the City and subject to code requirements generic
to all temporary uses, while food trucks that operate more than 4 hours per day at a location (a
common occurrence) are subject to permitting processes that can take weeks or months. Federal
Way’s code therefore has a steep gradient between no review for most food trucks and a level of
review that’s out of scale with what’s reasonable given the impacts from mobile vendors. It also lacks
a definition for food trucks/carts or mobile vending which makes it difficult for staff to confirm if a
food truck or other mobile vendor is subject to our temporary use code or not.
The proposed updates help ensure that the code-established process itself doesn’t cause mobile
vendors who would otherwise operate in Federal Way to not operate here, nor cause mobile vendors
to evade (either intentionally or unintentionally) code-required review processes. It also provides
levels of review more appropriately scaled to the ways mobile vendors operate.
Department of Community Development
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-2607
www.cityoffederalway.com
Jim Ferrell, Mayor
Page 170 of 188
II. PROPOSED CODE AMENDMENTS (SUMMARY)
This section provides a summary of the proposed code amendments; complete proposed zoning code
text is attached.
Proposed mobile food or retail vendor code changes result in the following updates to Federal Way’s
Zoning Code (Title 19):
1) Removes “Food trucks/carts” section of Temporary Use Code (FWRC 19.275.070); a new
“Mobile food or retail vendor” chapter will replace temporary use chapter requirements for
that use and activity.
2) Adds definitions to the zoning code (FWRC 19.05) pertaining to mobile food or retail
vendors.
3) Establishes a new “Mobile Food or Retail Vendors” zoning code chapter that addresses a
wider range of mobile vending scenarios and establishes clearer review processes and
requirements that are more appropriately calibrated to those scenarios.
4) Establishes a use chart and zoning requirements associated with that use for all zones other
than single-family residential zones.
These updates are further described below:
Code Update Summary of Update
1) Remove “Food
trucks/carts” section
of Temporary Use
Code (FWRC
19.275.070)
Mobile vending activities, including food trucks/carts, are currently
covered under Federal Way’s Temporary Uses chapter in FWRC 19.275.
The proposed code updates remove the food trucks/carts section of this
chapter since mobile vending activities will be covered under a new and
separate code chapter.
2) Add definitions to the
zoning code (FWRC
19.05) pertaining to
mobile food or retail
vendors.
Two new definitions are proposed:
1) “Mobile food or retail vendor” broken into three different classes,
with each class associated with different permit review standards
and processes.
2) “Mobile or temporary health services” since such services are
specifically excluded from the definition of “mobile food or retail
vendor.”
3) Establish a new
“Mobile Food or
Retail Vendors”
zoning code chapter.
This new code chapter establishes the following:
1) New or clarified code requirements for all mobile vendors regardless
of where or how long they operate.
2) More appropriate review processes for different types of mobile
vendors, resulting in the following levels of review:
a. With a business license and completion of a city checklist,
any mobile food or retail vendor can operate up to 180 days
on any non-single family residential private or public
property with the property owner’s permission, or operate
on a single-family residential property as frequently as 1 day
per month.
b. With a business license, checklist, and new Mobile Food or
Retail Vendor Permit, mobile vendors can operate
permanently on a public or private property when accessory
to another use. This review would likely take a few weeks.
c. With a Use Process I review (which is the least-intensive
level of site plan review), a mobile vendor can operate
permanently on an otherwise vacant lot that doesn’t have an
established use. Minimum setbacks and parking, and
Page 171 of 188
3
Code Update Summary of Update
maximum height standards are established for this mobile
vendor class.
3) Other code provisions common to many zoning chapters including
statements of purpose and applicability, a list of exempt activities,
and a variance option.
4) Establish a use chart
and zoning
requirements
associated with that
use for all zones other
than single-family
residential.
A use chart with associated review process, lot size, setback, height and
parking requirements are proposed to be added to all zones other than
single-family residential zones. This use chart will be applicable for
Class III mobile vendors that are proposed as the primary use on a
property.
What proposed code updates do not do:
1) Promote or discourage mobile vending vs. the status quo
2) Change existing requirements for mobile vendors:
a. In public rights-of-ways
b. At special events
3) Change requirements for other temporary uses
4) Supersede or conflict with regulations from other local or state agencies including WA Dept.
of Revenue, WA Labor and Industries, King County Public Health, or South King Fire &
Rescue
III. Procedural Summary
9/16/22: Public Notice of SEPA Decision published and posted (website)
9/16/22: Issuance of SEPA Determination of Non-significance (DNS) and Public Notice
9/30/22: End of SEPA Comment Period
10/5/22: Planning Commission Briefing
10/21/22: End of SEPA Appeal Period
11/2/22: Public Hearing
11/16/22: Public Hearing Continuation (if needed)
12/5/22: LUTC Council Committee
1/3/23: City Council 1st Reading
1/17/23: City Council 2nd Reading
IV. PUBLIC COMMENTS
Through the date of this staff report, the City received 1 comment during the SEPA comment period,
and 0 comments during the public hearing comment period. However, in August 2022 during the
code development process, three individuals provided comments to inform the mobile vendor code.
All four of the comments received are attached to this staff report, and described below.
Comment Description Staff Response to issues raised in
comments
8/8/22 comment from Jen Gustin, Food Truck Operator:
Comment expressed support for the city looking at food
truck code updates. Comment also requested:
1) Fairness and support for small businesses
1) Fairness, reasonableness and equity:
The proposed code updates provide a
clearer, more consistent, and more
flexible mobile vending code, and
Page 172 of 188
Comment Description Staff Response to issues raised in
comments
2) Concern about fees for food truck permits increase fairness, permit review
reasonableness and equity for mobile
vendors by properly scaling and
calibrating permit processes and
requirements to the unique and various
ways that mobile vendors operate.
2) Fees: For mobile vendors operating up to
180 days at a location, the only city fee is
the business license fee that businesses
already have to pay. The threshold for
triggering a more intense permit review
is significantly increased from the 4-
hours per day to 180-days on a site.
3) Difficulty & duration restrictions:
Given the much higher threshold for
triggering a more intense permit review,
most mobile vendors will be subject to a
less difficult permit process. Mobile
vendors operating permanently (over 180
days) on a site with an established use
will be subject to a permit process with
likely a few week turnaround time.
Mobile vendors operating permanently
on a vacant site will be subject to the
lowest-intensity site plan review process.
8/9/22 comment from Roger Neri: comment requested
that:
1) Code updates don’t make it harder for food trucks
to operate;
2) Food truck requirements be limited to parking
and not include duration restrictions.
8/10/22 comment from Celia Berk, Food Truck Operator:
This comment:
1) Mentioned the obstacles that they’ve faced as a
food truck operator
2) Requested that code updates are fair and
reasonable for vendors
3) Expressed various benefits that food trucks bring
4) Expressed concerns about equity in code changes
such as this.
9/30/22 comment from Lori Johnson, Executive Director
of the WA State Food Truck Association (WSFTA).
The comment expressed the proposed code is “fair and
safe code for the mobile food industry” and also
mentioned WSFTA’s seasonable food truck program and
services they offer communities.
Staff acknowledges this comment.
V. PLANNING COMMISSION ACTION
FWRC Title 19, “Zoning and Development Code,” Chapter 19.80, “Process VI Review,” establishes
a process and criteria for development regulation amendments. Consistent with Process VI review,
the role of the Planning Commission is as follows:
1. To review and evaluate the proposed development regulation amendments.
2. To determine whether the proposed development regulation amendment meets the
criteria provided by FWRC 19.80.130 (item VII below).
3. To forward a recommendation to City Council regarding adoption of the proposed
development regulation amendment.
Page 173 of 188
5
VII. DECISIONAL CRITERIA
FWRC 19.80.130 provides three criteria for development regulation amendments. The following
section analyzes the compliance of the proposed amendments with the criteria provided by FWRC
19.80.130. The City may amend the text of the FWRC only if it finds that:
The proposed amendment is consistent with the applicable goals and policies of the
comprehensive plan.
The proposed FWRC text amendments are consistent with the following Federal Way
Comprehensive Plan (FWCP) goals and policies:
1) LUP3: Use design guidelines and performance standards to create attractive and desirable
commercial, office and commercial/residential mixed-use developments.
2) LUP4: Maximize efficiency of the development review process.
3) LUP6: Conduct regular reviews of development regulations to determine how to improve upon
the permit review process.
4) LUG3: Preserve and protect Federal Way’s single-family neighborhoods.
5) EDG1: Promote and create a sustainable, diversified and globally focused economy.
6) EDP2: Periodically monitor local and regional trends to be able to adjust plans, policies, and
programs.
7) EDP10: Continue to implement a streamlined permitting process consistent with state and
federal regulations to reduce the upfront costs of locating businesses or redeveloping businesses
in the City.
2. The proposed amendment bears a substantial relationship to public health, safety, or
welfare.
The proposed code update clarifies and properly scales and calibrates permitting processes for
mobile vendors and ensures that all mobile vendors are subject to and reviewed for the same
minimum code requirements. It also develops performance standards that are specific to the unique
operations of mobile vending rather than general to all temporary uses.
3. The proposed amendment is in the best interest of the residents of the city.
The proposed code update will increase the consistency with which mobile vendors are permitted;
reduce the likelihood that mobile vendors will operate in Federal Way without knowing or being
subject to minimum standards that protect public health, safety, welfare and quality of life; and
ensure that mobile vendors who operate temporarily in Federal Way are subject to a review process
properly scaled to the potential impact the mobile vendor will have at any given location.
VIII. STAFF RECOMMENDATION
Subject to public comment and Commission deliberation, based on the above staff analysis and
decisional criteria; staff recommends that the proposed mobile food or retail code amendments to
FWRC Title 19, “Zoning and Development Code,” be recommended for approval to the Land
Use/Transportation Committee (LUTC) and City Council.
IX. ATTACHMENTS
Attachment 1 Proposed Mobile Food or Retail Vendor Code Amendments
Attachment 2 Public Comment
Page 174 of 188
1
Proposed Mobile Vendor Food or Vendor Code Updates – 10/26/22
Proposed mobile food or retail vendor code updates are below. Finalizing chapter numbers will occur
later and additional minor legal edits may occur for the adopting ordinance.
I. Remove FWRC 19.275.070 Food trucks/carts from temporary use code:
19.275.070 Food trucks/carts.
(1) Food trucks/carts shall be regulated as follows:
(a) Food trucks/carts that operate less than four hours at a location within any 24-hour
period are not considered temporary uses, but shall obtain either a business registration or
a temporary business registration depending on the duration of their business activity
within the city. An example of this type of food truck/cart is an ice cream truck.
(b) Food trucks/carts that operate more than four hours at any one location within a 24-
hour period shall be considered either:
(i) A temporary use if occupying the site less than or equal to the duration allowed
in FWRC 19.275.050; or
(ii) A permanent use if occupying the site longer than the duration allowed in FWRC
19.275.050. Permanent food trucks/carts shall be subject to the process and
substantive provisions of FWRC Title 19, consistent with a brick and mortar
business.
II. Establish definition of “Mobile food or retail vendor” in zoning code definitions
FWRC 19.05.130:
“Mobile food or retail vendor” means an unaffixed food or retail establishment on wheels, primarily
selling goods, food or beverages, which is readily moveable either through self-propulsion or via
towing by vehicle. Mobile food or retail vendors do not include mobile or temporary health services.
There are the following three types of mobile food or retail vendors:
(1) “Mobile food or retail vendor, “Class I” means a mobile food or retail vendor that operates on a
particular improved property for no more than a single day each calendar month, and no more
than 15 hours during that day.
(2) “Mobile food or retail vendor, “Class II” means a mobile food or retail vendor that does not
qualify as a Class I mobile food or retail vendor and operates on a particular improved property
for no more than 180 days in a calendar year.
(3) “Mobile food or retail vendor, “Class III” means all mobile food or retail vendors that do not
qualify as either Class I or II mobile food or retail vendors.
“Mobile or temporary health services” means any motor vehicle or non-permanent structure used
to provide health care services.
III. Establish new “Mobile Food or Retail Vendors” zoning code chapter
19.290.010: Purpose
Page 175 of 188
2
The purpose of this chapter is to allow the sale of goods, food, and/or beverages from mobile food
or retail vendors in a manner that is safe and compatible with surrounding uses, consistent with all
relevant city codes and policies, maintains or enhances the pedestrian experience, and provides
consistency, predictability, and site-flexibility for mobile food or retail vendors.
19.290.020: Applicability – relationship with other chapters.
(1) This chapter establishes regulations that govern mobile vending in the city including the sale
of goods, products, food, and/or beverages from mobile food or retail vendors on public or
private properties. Unless exempted under FWRC 19.290.030, this chapter is applicable to
all mobile food or retail vendors in the city.
(2) Mobile food or retail vendors regulated under this chapter shall not be subject to regulation
under Chapter 19.275 FWRC, Temporary Uses. Any activities exempt from regulation under
FWRC 19.290.030 may be subject to regulation under Chapter 19.275 FWRC, Temporary
Uses.
(3) Additional regulations may apply to mobile food or retail vendors operating on public
property through a special event (FWRC 4.05 and FWRC 4.30) and/or right of way use or
activity permit (FWRC 4.25 and FWRC 4.30).
19.290.030: Specific activities exempt from regulation.
The following activities, while potentially constituting mobile food or retail vendors, are exempt
from regulation under this chapter. Such activities may be subject to regulations found elsewhere in
code, such as Chapter 19.275 FWRC, Temporary Uses:
(1) Ice cream vendors that primarily stay mobile within public rights-of-way.
(2) Mobile newspaper couriers.
(3) Mobile lemonade stands.
(4) Mobile stands used to sell or distribute flowers, fruit, vegetables, produce or plants
grown on the property where the mobile stand is located.
(5) Delivery services where the foods, goods, or products are delivered via mobile vehicle to
the customer’s location; including, but not limited to, app-based online and on-demand
food delivery services.
19.290.040: Variance from mobile food or retail vendor code.
The Director shall have the authority to administratively allow for departures from the numeric
provisions contained in these regulations, provided that:
(1) The variance request meets all criteria in FWRC 19.45.030;
(2) Any variation is no more than 25 percent; and
(3) The end result is consistent with the purpose of this chapter.
19.290.050: Permitted Locations.
(1) Class I mobile food or retail vendors are allowed to operate on private property in any zone.
(2) Class II and III mobile food or retail vendors are allowed in all zones in the City except for
properties in single-family zones with a current primary use of single-family.
(3) Mobile food or retail vendors are allowed to operate on any public right of ways in the city or
City-owned property so long as such mobile food or retail vendor obtains any applicable permit
required by the Public Works or Police Department. Additional limitations or allowances may be
included as part of such permit.
Page 176 of 188
3
19.290.060: Review Classifications and Processes
(1) Business Registration Required. All mobile food or retail vendors regulated under this chapter
shall obtain a business registration with the City and complete a supplemental checklist at the
time of registration attesting to understanding and compliance with mobile food or retail
vending requirements of this chapter prior to being issued a City business license endorsement.
(2) Additional Review and Permitting Requirements. Additional review and/or permit requirements
shall be required for Class III Mobile Food or Retail Vendors as follows: The City’s review may
result in the requirement for an additional review process. That determination will be made as
part of the review process identified in this section.
a) Class III mobile food or retail vendors which are accessory to an established use on the
property shall obtain a Mobile Food or Retail Vendor Permit, as described in FWRC
19.290.080.
b) Class III mobile food or retail vendors which are the principle use on the property shall
obtain approval of the use process indicated on the applicable use chart for the zone.
19.290.070: Requirements applicable to mobile food or retail vendors:
(1) Comply with all provisions of the supplemental checklist.
(2) Comply with the provisions of FWRC 19.290.050.
(3) Operate only between the hours of 7:00 am to 10:00 pm, Monday thru Sunday; exceptions
may be granted under special event permits or right-of-way use permits.
(4) Restore the site area occupied by the mobile food or retail vendor to the original or better
condition upon removal of the vending unit.
(5) Provide at least one garbage and recycling container for customers.
(6) Operate only on an asphalt or paved surface; unless otherwise approved through a special
event permit.
(7) Comply with all setback requirements for mobile food or retail vendors based on the
property’s zone; see use table for the mobile food or retail vendors for the required
setbacks. Class I mobile food or retail vendors are subject to the least restrictive setback
requirements shown in the applicable use chart regulating principal use Class III mobile food
or retail vendors.
(8) For mobile food or retail vendors that sell food, obtain approval from South King Fire and
Rescue; this approval may include but not be limited to completing an inspection and
certification process.
(9) Ensure sufficient queuing distance for customer vehicles.
(10) The mobile food or retail vendor shall not:
a) Operate on an unimproved property;
b) Obstruct any drive aisles or ingress/egress within the site;
c) Obstruct a sidewalk, bicycle lane, or other pedestrian way;
d) Obstruct the sight distance triangles for vehicles turning in and out of a site;
e) Impede ADA access;
f) Impede fire hydrant or fire lane access;
g) Operate on any private or public property without permission of the property owner(s);
h) Serve as a drive-through facility for vehicles;
i) Operate in a designated loading zone;
j) Remove the mobile food or retail vending unit from its wheels; or
k) Use or remove code-required parking spaces for principal site uses.
19.290.080: Mobile Food or Retail Vendor Permit
For mobile food or retail vendors subject to a Mobile Food or Retail Vendor Permit, the following
permit requirements apply:
Page 177 of 188
4
(1) Permit Duration: Permit approvals are permanent until and unless the city receives notification
that there has been a renewal or change requested to the vendor’s business registration and
city endorsement.
(2) Decisionmaker: The Director shall be the decisionmaker for mobile food or retail vendor
permits. The Director has the authority to add conditions to any permit approval.
(3) Decision criteria. The Director may approve the mobile food or retain vendor permit only if all
the following are met:
a. The mobile vending activity shall not be detrimental to the public health, safety, and
general welfare;
b. The mobile vendor shall not adversely affect adjacent properties;
c. The mobile vendor can be adequately served by such public facilities and street
capacities without placing an undue burden on such facilities and streets;
d. The application is compliant with all relevant city codes and policies and the
supplemental checklist; and
e. The proposed property(s) or site(s) for the mobile food or retail vendor’s operations are
of sufficient size to accommodate the mobile vendor.
(4) Application: Mobile food or retail vendor permit applications shall be completed on a form
provided by the Community Development Department. Application material shall include, at a
minimum, the following:
a. Contact information for the mobile food or retail vendor
b. A description of the nature and type of goods to be sold
c. Proof of the mobile food or retail vending vehicle’s registration with the State of
Washington, if applicable.
d. Specifications of the mobile food or retail vending unit including, at a minimum, the
unit’s dimensions, height and weight.
e. Site plan showing the proposed location of the mobile food or retail vendor’s operations
on a site.
f. For mobile food or retail vendors that sell food or beverages, commonly called “food
trucks,” proof of King County Public Health approval.
(5) Permit review process:
a. Upon receipt of a complete mobile food or retail vendor application, the application will
be routed to any applicable departments and agencies for review.
IV. Use Table for Mobile Food or Retail Vendors
The following use chart is applicable to Class III, principal use mobile food or retail vendors. It will be
added to the use charts for all zones other than single-family residential.
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums Maximum
Height of
Structure(s)
Required
Parking
Spaces
SPECIAL REGULATIONS AND
NOTES Lot
Size
Required Yards
Front Side
(each)
Rear
Page 178 of 188
5
Mobile
Food or
Retail
Vendor,
Class III
Use
Process I
or (with
SEPA)
Use
Process
III
See note
1
None 5 ft 5 ft 5 ft 15 ft 2 1. Class III mobile food or
retail vendors that are
the principle use on a
property are subject to
guidelines of FWRC
19.290 and also to the
use process and zoning
requirements listed in
this use table.
Page 179 of 188
From: bossmamaskitchen@comcast.net
Sent: Monday, August 8, 2022 1:47 PM
To: Evan Lewis; Plng Inquiry; COUNCIL; Jim Ferrell; Evan Lewis; Plng Inquiry;
COUNCIL; Jim Ferrell
Subject: Food Truck Regulations
[EXTERNAL EMAIL WARNING]
This email originated from outside of the City of Federal Way and may not be trustworthy. Please use
caution when clicking links, opening attachments, or replying to requests for information. If you have
any doubts about the validity of this email please contact IT Help Desk at x2555.
Hello Team,
I know you’re in the middle up updating your municipal codes for food trucks/mobile vending. I just
wanted to say thank you for caring about our industry, thank you for listening and thank you for
supporting small business. This is my 6th year as a mobile food truck owner, and I love what I do. I get a
lot of requests from Federal Way, and must turn them down, because I like to play by the rules and stay
within guidelines. The last thing I want to do is cause a problem. I think it’s great that you’re looking at
making changes.
If I could say anything…..it would be this; please be fair, please be small business friendly, and please
support us. Financially, asking trucks to pay for a “food truck permit” is a deterrent for most of us. If we
pay a fee every city we go to, it defeats the purpose. Some people think these trucks are a cash cow.
Some days, we do great, and all is well….others, not so much. It balances out. Being nickel and dimed is
hard…..and I think I speak for all of us out here when I say, please refrain from additional fees. It’s not
small business friendly. Prime example….for me to drive my truck into King County every year, it costs
me an additional $908.00 from King County Health. If I have to pay a fee per city that we work in……it
doesn’t benefit anyone. It’s a deterrent.
We want to feed the community; we want to grow our business. Let’s work together and make Federal
Way a Food Truck friendly, city!
I appreciate your time….have a wonderful week!
-JG
Jen Gustin
Owner/Operator
Boss Mama’s Kitchen
WSFTA Board Advisor
PH: 253-222-8631
Email: BossMamasKitchen@Comcast.net
Facebook: https://www.facebook.com/Boss-Mamas-Kitchen-235823466752422/?fref=ts
Page 180 of 188
From: Roger Neri <rntheone@gmail.com>
Sent: Tuesday, August 9, 2022 8:36 PM
To: Evan Lewis; Plng Inquiry; COUNCIL; Jim Ferrell
Subject: Food truck regs
[EXTERNAL EMAIL WARNING]
This email originated from outside of the City of Federal Way and may not be trustworthy. Please use
caution when clicking links, opening attachments, or replying to requests for information. If you have
any doubts about the validity of this email please contact IT Help Desk at x2555.
Good day,
I am trying to decide to get into the food truck business.
Please don't make it harder.
Cities should only require that the food trucks obey the parking rules that apply to all vehicles. Duration
restrictions do not address the public’s health & safety. Added food truck permits, add to their costs
and will not increase positive food truck activity in this city. The free market will determine if the food
truck is at one location too often.
Thanks
Page 181 of 188
From: Celia <greycoastdogs@gmail.com>
Sent: Wednesday, August 10, 2022 1:16 PM
To: Evan Lewis; Plng Inquiry; COUNCIL; Jim Ferrell
Subject: Re: City Code Changes
[EXTERNAL EMAIL WARNING]
This email originated from outside of the City of Federal Way and may not be trustworthy. Please use
caution when clicking links, opening attachments, or replying to requests for information. If you have
any doubts about the validity of this email please contact IT Help Desk at x2555.
Greetings,
Myself and my husband launched our mobile food cart in January of 2021, and we have come to gain
significant understanding about the ways that cities operate to keep people safe. We found, in our 6
months growing, that many obstacles are currently in place which render it very difficult to grow a small
business in King County. With that said, we have seen enormous strides in our work as we have been
able to commit fully to it and are very excited to continue on.
It is our request that city code changes be fair and reasonable for vendors, fortifying the mutualistic
relationship between residents and vendors that is based in respect and positive experiences. Food
trucks, trailers, and carts send positive messaging about being active in the community and act as
caretakers for public spaces. Bolstering opportunities for mobile food vendors bolsters equitable
practice and pathways to equity that ensure entrepreneurs and business owners are not discriminated
against nor favored across the spectrum of access to capital. Though we are Seattle-based, we have
seen in our city the response to policies and changes that do not center equity, and we have concerns
about the way that impacts the ability for mobile vendors to provide safe experiences for customers.
It is our hope that our message be considered in your upcoming discussion regarding code changes,
All my best,
Celia
--
Celia Berk
Grey Coast Dogs
greycoastdogs@gmail.com
(206)954-9269
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Page 182 of 188
From: Lori Johnson <lorij@wafoodtrucks.org>
Sent: Friday, September 30, 2022 8:54 AM
To: Evan Lewis
Subject: Re: SEPA DNS for Federal Way draft mobile vendor code & other annual
zoning code amendments
[EXTERNAL EMAIL WARNING]
This email originated from outside of the City of Federal Way and may not be trustworthy.
Please use caution when clicking links, opening attachments, or replying to requests for
information. If you have any doubts about the validity of this email please contact IT Help Desk
at x2555.
Hi Evan,
I have read over the proposed code and see that the City of Federal Way has
designed a fair and safe code for the mobile food industry.
The city also looks to have very desirable improvement plans and food trucks could
help to activate new or existing space.
The WSFTA runs seasonal food truck programs for other cities (Food Truck Fridays
in Puyallup, Port of Everett, etc.) and thought this might be a good fit for Federal
Way in 2023. If you agree and could refer us to the right planner to forward this
idea, we have a page here that gives a good description of our free
service: https://wafoodtrucks.org/corporate-business-location-request
There are many food truck operators that live in or near Federal Way and will be
interested in serving their own community.
We appreciate the time and thought you put into this code revision.....
Sincerely,
Lori Johnson, Executive Director
Washington State Food Truck Association, LLC
(360) 223-3801
www.wafoodtrucks.org
@wafoodtrucks
“The punishment of wise men who refuse to take part in the
affairs of their government is to live under the government
of unwise men.” ~ Plato
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Page 183 of 188
Proposed Code Amendment – Iconic Signs Page 1 of 5
COMMUNITY DEVELOPMENT DEPARTMENT
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
MEMORANDUM
DATE: 27 October 2022
TO: Federal Way Planning Commission
FROM: Keith Niven, AICP, CEcD
Planning Manager
SUBJECT: Proposed code amendments for Iconic Signs
I. Background
Planning staff are working on a number of Code amendments for the CC-C zone (2023 Comprehensive Plan
Amendment). These code amendments are aimed at helping to ensure that when the area redevelops, it will
redevelop in a way that supports the Goals and Visions for downtown Federal Way – that of a dense, walkable,
and memorable heart of the city.
There are a number of ways to improve the likelihood the development of the City Center parcels achieves this
goal. These including: 1) ensuring new building are built at a density that supports non-motorized mobility; 2)
providing provisions in the code to
II. Proposed Code Amendments (Summary)
This section provides a summary of the proposed code amendments. The complete proposed zoning code text
is enclosed in as Attachment 1.
The proposed code amendments would create an allowance for Iconic Signs within the City Center of Federal
Way. The iconic sign provision is intended to create a process whereby a proposed sign that does not meet
the dimensional or other standards of the sign code, but, through design and artistic expression unrelated to its
message, is culturally significant to the community or region, and is expected to serve a placemaking function
either upon completion or with the passage of time.
III. PROCEDURAL SUMMARY
8/12/22: Public Notice of SEPA Decision published and posted (website)
8/12/22: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act
(SEPA)
8/26/22: End of SEPA Comment Period
Page 184 of 188
Proposed Code Amendment – Iconic Signs Page 2 of 5
9/16/22: End of SEPA Appeal Period
11/2/22: Public Hearing
11/16/22: Public Hearing Continuation (if needed)
12/5/22: LUTC Council Committee
1/3/23: City Council 1st Reading
1/17/23: City Council 2nd Reading
IV. PUBLIC COMMENTS
No comments were received as of the date of writing this memorandum.
V. REASON FOR PLANNING COMMISSION ACTION
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:
CCG1 Create an identifiable City Center that serves as the social, cultural, and economic focus
of the City. Define a City Center with distinct boundaries, unique building types, and special
features.
CCG5 Focus on improving the existing character and image of the City Center.
CCP2 Develop an attractive City Center that will attract quality development.
EDP29 Encourage redevelopment of the City Center.
EDP32 Continue to implement high-quality urban design standards for these areas.
2. The proposed amendments bear a substantial relationship to public health, safety, or welfare.
The governmental power to include zoning regulations potentially limiting the rights of property owners is
not unlimited, and must substantially advance legitimate public interests and bear a substantial relationship
to the public health, safety, or general welfare. The proposed FWRC text amendments for iconic signs does
not limit the rights of property owners. Rather, it allows further opportunities for sign improvements that will
help to distinguish this part of the city as the Center.
3. The proposed amendments are in the best interest of the residents of the city.
The proposed FWRC text amendments allow the city to legally regulate a new provision of signs to ensure
Page 185 of 188
Proposed Code Amendment – Iconic Signs Page 3 of 5
they meet the intent for their incorporation into the city as an asset to the City Center.
VI. STAFF RECOMMENDATION
Subject to public comment and Commission deliberation, based on the above staff analysis and
decisional criteria; staff recommends that the proposed amendments (Attachment 1) to FWRC Title
19, “Zoning and Development Code,” be recommended for approval to the Land Use/Transportation
Committee (LUTC) and City Council.
Page 186 of 188
Proposed Code Amendment – Iconic Signs Page 4 of 5
ATTACHMENTS
Attachment 1 – Proposed Code amendments
19.05.190 S definitions.
“Sign” means any communication device, structure, fixture, or placard that uses colors, words, letters,
numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for the purpose
of:
(1) Providing information or directions; or
(2) Promoting, identifying, or advertising any place, building, use, business, event, establishment, product,
good, or service, and includes all supports, braces, guys, and anchors associated with such sign.
Painted wall designs or patterns which do not represent a product, service, or registered trademark, and
which do not identify the user, are not considered signs. If a painted wall design or pattern is combined with
a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered
as part of the sign. The following types of signs are included in the definition of “signs”:
(21) “Iconic sign” means a commercial sign that, through design and artistic expression unrelated to its
message, is culturally significant to the region or community, and will serve a placemaking function either
upon completion or with the passage of time.
19.140.135 Iconic signs. (New Section)
(1) Scope. This section establishes the procedure and criteria the city will use in deciding upon an
application for an iconic sign.
(2) Required review process. An iconic sign shall be reviewed and approved in accordance with FWRC
19.140, except that the substantive criteria for approval or denial shall be limited to those set forth in this
section. Unless otherwise expressly stated, any permit for an iconic sign granted pursuant to this Section
shall run with the land and shall not automatically terminate upon sale or transfer of the property.
(3) Intent. The iconic sign provision is intended to create a process whereby a proposed sign that does
not meet the dimensional or other standards of the sign code, but, through design and artistic expression
unrelated to its message, is culturally significant to the community or region, and is expected to serve a
placemaking function either upon completion or with the passage of time. This provision is not intended to
be a tool to vary one or more of the standards of this Chapter simply to allow for a larger sign than
otherwise could be obtained.
Page 187 of 188
Proposed Code Amendment – Iconic Signs Page 5 of 5
(4) Criteria. The city may grant the iconic sign only if it finds all of the following:
(a) The proposed iconic sign or signs is for a non-residential use;
(b) The proposed iconic sign or signs is representative of a business that has been found in the City
and/or region a minimum of 20 years;
(c) The proposed iconic sign or signs will be located in the City Center;
(d) The proposed iconic sign or signs is consistent with Goals and/or Policies of the Comprehensive
Plan;
(e) The proposed iconic sign or signs, through design and artistic expression unrelated to its message,
is significant to the community or region;
(f) The proposed materials and/or design is representative of a particular period of construction and/or
demonstrates extraordinary aesthetic quality, creativity, or innovation;
(g) The proposed iconic sign or signs is expected to serve a placemaking function either upon
completion or with the passage of time. A sign serves a placemaking function when it serves a
wayfinding function for the community;
(h) The proposed iconic sign or signs exhibit characteristics that enhance the streetscape or identity of
the City Center; and, it clearly provides a recognizable architectural style and appearance;
(i) Approval of the proposed iconic sign or signs will not arbitrarily or unreasonably result in favoritism
of the proposed sign over another sign that is similarly situated in all relevant respects but for which a
sign permit has been denied by the city;
(j) The proposed iconic sign or signs is appropriately scaled with the building;
(k) Blinking or chasing lights are prohibited, fluorescent lighting must be baffled, and LED lighting will
be used in lieu of neon;
(l) The proposed iconic sign or signs will not compromise community safety; and,
(m) The proposed iconic sign or signs is not an off-premise sign.
(5) Conditions and restrictions. As part of any approval of a request under this section, the city may impose
any conditions, limitations or restrictions it considers appropriate under the circumstances. The city may also
require a performance bond under FWRC 19.140.110 to insure compliance with any such condition or
restriction.
Page 188 of 188