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Ord 04-457 CITY OF FEDERAL WAY ORDINANCE NO. 04 - 457 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 22 (ZONING), ARTICLE XIII, DIVISION 11, VEHICLES AND BOATS (OVERSIZED VEHICLES) WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22 (Zoning) to add a new definition for commercial vehicles and clarify under what conditions they are allowed on lots in residential zones is in the public interest; WHEREAS, the City of Federal Way finds that these code amendments will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on July 16,2003, and forwarded a recommendation of approval to the City Council; WHEREAS, the LandlUse Transportation Committee of the Federal Way City Council considered these code amendments on August 4, 2003, following which it recommended adoption of the text amendments as recommended by the Planning Commission; WHEREAS, the City Council entertained these code amendments at their September 2 and 16, 2003, public meetings for first and second readings, respectively; WHEREAS, at the end of the Council deliberations on September 16,2003, the Council remanded the amendments back to the Planning Commission for additional review of new issues and possible revision; WHEREAS, the Planning Commission conducted a duly noticed public hearing on revisions to the code amendments on October 29, 2003, with continuation on November 19, 2003, and December 10, 2003,considered new public comment and forwarded a recommendation of approval to the City Council; Ord No. 04457, Page 1 ORIGINAL WHEREAS, the Land Use Transportation' Committee of the Federal Way City Council considered these code amendments on January 12, 2004, following which it recommended adoption of the text amendments as recommended by the Planning Commission with one change; and WHEREAS, the City Council finds that the code amendments relating to adding a new definition for commercial vehicles and clarifying under what conditions they are allowed on lots in residential zones are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare ofthe general public. Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: l. The proposed FWCC text amendments are consistent with, and substantially implement, the Comprehensive Plan concept to preserve and enhance existing residential neighborhoods. 2. The proposed amendment bears a substantial relationship to public health, safety, and welfare because allowing large commercial vehicles to park or be stored on lots in residential zones can result in blocking sight distance, thus contributing to traffic-related accidents. And 3. The proposed FWCC text amendment is in the best interest of the residents of the City because allowing large commercial vehicles on residential lots is unsightly and detracts from the neighborhood character. Section 3. Amendment. FWCC Chapter 22 is amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the Ord No. 04 457, Page 2 invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the 3rd day of February ,2004. \-'l~ MA YOR, DEAN McCOLGA ATTEST: APPROVED AS TO FORM: ~-~ ~¿"~. CiTY ATTO EY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: 01/13/04 02/03/04 02/07/04 02/12/04 04-457 ORDINANCE NO: I:\DOCUMENl\Oversized Vehicles\City Council\Adoption Ordinance.doclOI/13/2004 4:57 PM Ord No. 04 -457, Page 3 FWCC Chapter 22. Article XIII. Division 11. Commercial Vehicles, Recreational Vehicles, and Boats 22 117() Size and use in residential zones limited. Except as specified in FWCC 22 1177, it is a violation of this chapter to park or store any vehiele or boat on an)' lot in a residential zone if that ','ehicle or boat is both more than nine feet in height and more than 22 f.eet in length. (Ord. No. 90 13, § 2(115.115(1)),22790) 22-1176 Parkin!! and stora!!e ofcommerCÎal vehicles in residential zones limited. Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows: (a) A maximum of one commercial vehicle based on standard pick-up. light duty trucks, or passenger vehicles, that does not exceed a maximum of 10,000 Ibs gross vehicle weight rating (GVWR as defined in RCW 46.25.010) mav be parked on any residentially zoned 1Qt (b) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any lot in a Single Family Residential Zone (RS 35.0) or a Suburban Estates Zone (SE); (c) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours for the exclusive purpose of loading or unloading the vehicle; (d) Commercial vehicles may be parked on any lot in a residential zone for construction purposes pursuant to a valid development permit; (e) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length may be parked on any lot if used for private construction purposes and when it is not visible from a right-of-way or access easement and not parked in the driveway; (f) Additional exceptions as outlined in FWCC 22-1179. Except for commercial vehicles used for loading and unloading purposes and commercial . vehicles for construction purposes with a valid development permit, no more than one commercial vehicle is allowed per lot. 22-1177 limited. Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22 feet in length is prohibited in residentially zoned lots except as allowed by FWCC 22-1179. Parkin!! and stora!!e of recreational vehicles and boats in residential zones 22 1177 22-1178 Exceptions. (a) A vehicle of any size may be parked on any lot iFl the city for Flot more than 18 hours for the exclusive purpose of loadiFlg or unloadiFlg the vehicle. Ebj The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; - 1 - (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident ofthe subject property. (Ord. No. 90-43, § 2(115.145(2)),2-27-90; Ord. No. 00-375, § 25,10-3-00) 22 117822-1179 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) 22 117922-1180 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)),2-27-90) 22 118022-1181- 22-1195 Reserved. I:\DOCUMENl\Oversized Vehicles\City CounciI\Division 1 I -- New Commercial Code Language.doclLast printed 1/1312004 3:38 PM - 2- FWCC Chapter 22. Article 1. In General. Section 22-1. Definitions 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 establisl1ment may include related accessory uses. Class I home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class II home occupation means those family child care homes that qualify under FWCC 22- 1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and not permitted in any other zones of the city. Commercial vehicle means, unless exempted bv FWCC 22-1176 and 22-1178, any truck over 10,000 Ibs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (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. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. Convalescent center means an inpatient facility, excluding facilities defined as hospitals, for patients who are recovering from an illness or who are receiving care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include assisted living facilities. I:\DOCUMENl\Oversized Vehicles\City Council\Definitions.doclLast printed 1113/20043:36 PM FW CC Cha pter 22. Article IV Nonconformance 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (1) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Uniform Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; (7) Nonconformance with the odor standards in FWCC 22-958; (8) Nonconformance with the provisions in FWCC 22-1111 et seq. and FWCC 22-1176 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regarding junk; (10) Nonconformance with the glare standards in FWCC 22-950; (11) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of FWCC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91-113, § 4(165.25),12- 3-91; Ord. No. 92-135, § 3(165.25),4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) I:\DOCUMENl\Oversized Vehicles\City Council\Nonconformance.dodLast printed 1/13/2004 3:40 PM «:>2002 Code Publishing Co. Page 1 2. Define commercial vehicle based on use. 3. Allow commercial vehicles up to 10,000 lbs gross vehicle weight rating (GVWR) on any residentially zoned lot, regardless of lot size. 4. Allow commercial vehicles of any size on any lot in a Single-Family Residential (RS 35.0 - one unit per 35,000 square feet) or Suburban Estates (SE - one unit per five acres) zone. 5. Allow only one commercial vehicle per residentially zoned lot except for commercial vehicles used for loading and unloading purposes, and commercial vehicles used for construction purposes with a valid development permit. 6. Allow vehicles not more than nine feet in height and 22 feet in length used for private construction purposes on any residentially zoned lot. 7. F or the exclusive purpose of loading or unloading the vehicle, allow commercial vehicles to be parked on any residentially zoned lot for a maximum of 48 hours. 8. Do not regulate vehicles used for non-commercial purposes, regardless of their GVWR. B. Proposed Code Amendments As a result of these recommendations, the following changes have been made to FWCC, Chapter 22, Division 11 (Exhibit E). Proposed changes are shown as strikeout (proposed deletions) and underline (proposed additions): 1. Amended the title to more clearly describe the code section. 2. Deleted existing language in FWCC Section 22-176, which pertains to vehicles and boats. 3. Addressed commercial vehicles in a new FWCC Section 22-1176, and recreational vehicles and boats in a new FWCC Section 22-1177. 4. Moved regulations pertaining to recreational vehicles and boats to FWCC Section 22- 1177. The language in this section has been reformatted to be consistent with the remainder of Division 11. FWCC Section 22 1177 22-1178, which provides for exceptions to the code based on a Process III review and approval, has been retained. In addition, a new definition for "Commercial Vehicles" was added to FWCC Chapter 22, Section 22-1, "Definitions" (Exhibit I). C. Other Code Amendments As part of this code amendment, staff discovered a mistake that was made by the codifiers in 1992. At that time, sections of the code were renumbered and rearranged. This resulted in a cross Amendments to FWCC Chapter 22, Article XIII, Division 1, "Vehicles and Boats" 1/12/03 Planning Commission Recommendation to LUTC File #03-1 02457-00-UP Page 2 reference to Division 11, "Vehicles and Boats" being dropped from the requirement of immediate conformance in FWCC Section 22-330. FWCC Section 22-330, "Immediate Compliance with Certain Provisions Required" states: "(a) Generally. Regardless of any other provisions of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter; .. .(8) Nonconformance with the provisions in FWCC 22-1111 et seq.; regarding parking and storage of large vehicles in residential zones." Prior to the 1992 codification, the nonconformance section (Chapter 165.25) referred only to, "Non-conformance with the provisions in Chapter 115 regarding parking and storage of large vehicles in residential zones" (Exhibit.l). However, there were two sections (Chapter 115.105 and 115.145) in Chapter 115 that governed parking and storage oflarge vehicles in residential zones (Exhibit.1). When the code was codified, Chapter 165.25 became Section 22-330, Chapter 115.105 became Section 22-1111, and Chapter 115.145 became Section 22-1176, et al. (Exhibit K). Section 22-330 now only references Section 22-1111, et seq. (Exhibit K, Page 2 of 4). We are, therefore, proposing to add a reference to FWCC Section 22-1176 et seq. in FWCC Section 22-330(8) (refer to Exhibit L). In regards to the above, the City is aware of one home occupation with an associated commercial vehicle in a residentially zoned area. With the passage of these amendments as presently written, this vehicle, which is approximately 20,000 Ibs GVWR, could no longer be parked legally on that lot. This lot is 15,480 square feet and is located in a Single-Family Residential (RS 7.2) zone. III. ADDITIONAL PLANNING STAFF COMMENTS During the December 10,2003, public hearing, two citizens testified that they owned backhoes, which are used for private yard improvement and landscaping purposes. After taking public testimony, the Planning Commission made a motion to allow construction vehicles for private use on residentially zoned lots as long as they meet the existing code in terms of size. The existing code allows any vehicle or boat to be parked or stored on a lot in a residential zone if the vehicle or boat is both nine feet in height or less and 22 feet in length or less. The Planning Commission did not recommend placing any other additional requirements such as screening of these vehicles. If this amendment is adopted as recommended by the Planning Commission, a backhoe or any other commercial vehicle used for private construction purposes could be stored on a lot of any size and be located anywhere on that lot, including the driveway. As a result, staff recommends that additional language be added to allow these commercial vehicles on residentially zoned lots only if they are not visible from a public right-of-way or access easement, or parked in the driveway. This would result in the following language in Section 22-1176(e): A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length may be parked on any lot if used for private construction purposes and when it is not visible from a right-of-way or access easement and not parked in the driveway. Amendments to FWCC Chapter 22, Article XIII, Division 1, "Vehicles and Boats" 1/12/03 Planning Commission Recommendation to LUTC File #03-102457-00-UP Page 3 IV. COUNCIL ACTION/ST AFF RECOMMENDATION The Committee has the following options: 1. Recommend that the full Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission. 2. Recommend that the full Council modify and then approve the proposed code amendments. 3. Recommend that the full Council disapprove the proposed code amendments. Staff recommends that the LUTC recommend to the full Council Option No.2 above, that is, adoption of the Planning Commission's recommendations with the additional staff reèommendation to prevent visibility of vehicles used for private construction purposes from a right-of-way or access easement, or to be parked or stored in a driveway. V. LAND UsEffRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the proposed amendment to the full Council for first reading as follows: 7 As recommended by Planning Commission. As recommended by Planning Commission and amended by the LUTe. App ROYAL OFCOMMITT.EEACTIOJ'!;.......... ./ ~./ . ... .~ ..... . ....... . .~AÄ... Chair" / /~ / VI. LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M FWCC Chapter 22, Article XIII, Division 11, "Vehicles and Boats" as Presented to the City Council Staff Report for the October 29,2003, Planning Commission Public Hearing Staff Report for the November 19,2003, Planning Commission Public Hearing Staff Report for the December 10, 2003, Planning Commission Public Hearing Proposed Amendments to FWCC Chapter 22, Article XIII, Division II, "Vehicles and Boats" based on Planning Commission Recommendation Minutes of the October 29,2003, Planning Commission Public Hearing Minutes ofthe November 19,2003, Planning Commission Public Hearing Minutes of the December 10,2003, Planning Commission Public Hearing FWCC Chapter 22, Article I, Section 22-1, "Definitions" Federal Way Zoning Code Adopted Upon 1990 Incorporation (Chapters 165.25, 115.05, & 115.145) Federal Way City Code Codified in 1992 (FWCC Sections 22-330, 22-1111, & 22-1176) FWCC Chapter 22, Section 22-330 (Portion of Existing Zoning Code) with Proposed Amendment Correspondence and e-mail. I:\DOCUMENl\O\t:rsized Vehicles\LUTC\O 11204 PC Rec Staff Report to LUTC.doc/O 1105/20045:28 PM Amendments to FWCC Chapter 22, Article XIII, Division 1, "Vehicles and Boats" 1/12103 Planning Commission Recommendation to LUTC File #03-1 02457-00-UP Page 4 EXHIBIT A EXHIBIT A EXHIBIT A PAGE-LOF ~ FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176 Size and use Parkine and storaee in residential zones limited. Except as specified in FWCC 22 1177, it is a violation of this chapter to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length. COrd. No. 90 13, § 2(115.115(1»,227 90) Except as exempted pursuant to FWCC 22-1178, parking or storage of commercial vehicles is prohibited on residentially zoned lots. Commercial vehicle means, unless exempted by FWCC 22- 1178, any motorized vehicle or truck over 10,000 Ibs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), or any non-motorized trailer or other method of conveyance, the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. 22-1177 Vehicles and boats permitted. (a) Vehicles, 10,000 Ibs GVWR or less, with or without a mounted camper unit, which are primarily used for private transportation purposes. (b) Vehicles used for commercial purposes but based on standard pick-up, light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 Ibs GVWR. (c) Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the following conditions: (I) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibility from adjacent driveways. (2) Vehicle is maintained in a clean, operable condition. (3) Vehicle parking or storage is accessory to an existing permitted residential use. (d) Recreational/utility vehicles and boats 28 feet in length or longer may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. 22-1178 Commercial Vehicles exempted (a) Vehicles used for agricultural purposes on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. (b) Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. (c) Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit. i.... ! ,," ,--: ' ¡.. , A ,.,,- P t~ F"'c ¡-.. -'-- ,<'~\ ¡~ . .'J.Jf.~.(--'" ..'~)'- \ '-" <--. ,_.. - --. 22 1177 22-1179 Exceptions. (a) :\ vchiclc of any sizc may bc parkcd on any lot in thc city for not morc than 18 hours for thc cxclusivc purposc of loading or unloading thc vchicle-. fI:H The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the veh icle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2( 115.145(2)), 2-27-90; Ord. No. 00-375, § 25, 10-3-00) 22 117822-1180 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts ofthe parking or storage. (0 rd. No. 90-43, § 2( 115.145(2)), 2-27-90) 22 117922-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)),2-27-90) 22 118022-1182 - 22-1195 Reserved. 112003 Codc Alllcndl11cn¡,;IOvcrsizc VchickslCity ColincillExhihit AIDivision II n Ncw Codc Langllagc.doc/I2131/200.ì <J2(, AM EXHIB IT B ~ CITY OF ",-. -~ Federal Way EXHIBIT 9 . PAGE-LOF ~- STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federa/ Way City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats" (Oversized Vehicles) Planning Commission Meeting of October 29, 2003 I. BACKGROUND The proposed code amendments to Federa/ Way City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats" (Oversized Vehicles) were presented to the City Council at their September 2 and 16, 2003 public meetings for first and second readings respectively (Exhibit A). During these meetings there was testimony both in favor and against the amendments from members of the public. At the end of the Council deliberations on September 16, 2003, the Council made a motion for staff to research those items discussed in Section II of this staff report and take the amendments back to the Planning Commission for additional review and possible revision. Staff has also addressed testimony from the neighbors, which is discussed in Section III of this report. II. RESEARCH REQUESTED BY COUNCIL A. The Council requested staff to research and respond to the following: 1. Prepare a matrix comparing how other jurisdictions regulate commercial vehicles, boats and recreational vehicles on lots in residential zones. Compare Federal Way regulations governing on-street parking of Oversize Vehicles and parking of Oversize Vehicles on lots in residential zones. Research whether there are any regulations that would prohibit big diesel trucks from starting up in the middle of night. Research whether the Home Occupation section of the code could regulate this. Research regulations governing leaking of hydraulic fluids. 2. 3. 4. B. Staff has responded to each of these items as follows: 1. Comparison Matrix Staff researched the codes and spoke to staff of Bellevue, Tacoma, Auburn, Tukwila, Kent, Sumner, Renton and Redmond to obtain information on whether theses cities regulate commercial vehicles and recreational vehicles and boats within residential zones. The results are shown in Table I, which compare regulations of commercial vehicles and in Table II, which compare regulations of boats and recreational vehicles. In general, use of private property, in this case storage and parking of vehicles is regulated through the Zoning Code and the Traffic Code regulates parking in rights EXHIBIT ~ PAGE -a OF I. . of ways. All the cities contacted have adopted regulations to govern on-street parking, however Auburn, Kent and Renton have no regulations to prohibit parking of commercial vehicles in residential areas/zones and Auburn, Tukwila and Renton do not regulate recreational vehicles or boats in residential areas/zones. In addition, the majority of the cities that regulate commercia! vehicles, with the exception of Bellevue and Tukwila, regulate commercial vehicles based on gross weight vehicle rating (GVWR), with the majority of cities using a 10,000 Ib GVWR cut off between commercial and non-commercial vehicles. There were fewer similarities between how the cities contacted regulate recreational vehicles and boats; however¡ most had some requirement for screening. For specific differences between cities, please refer to Tables I and II. 2. Federal Way Regulations Governing On-Street Parking FWCC¡ Section 15-82, Parking commercial vehicles in residential areas states "No person shall park a commercial vehicle which is more than 80 inches wide overall on any street or alley in residential areas zoned SE, RS and RM between the hours of 12:00 midnight and 6:00 a.m." Based on recent communication from the Citis Public Safety Department, the police are enforcing this code section. 3. Regulations Governing Large Diesel Trucks And Noise At Night The City of Federal Way has no existing regulations that govern a large diesel truck parked within any zone in the City starting and running its engine at night. In researching the regulations of the other cities mentioned previously, we found that several cities including Renton¡ Sumner and Burien regulated the operation of vehicles at night. Renton prohibits a vehicle over 12¡000 Ibs GVWR and located within 500 feet of residential buildings from operating any motor¡ engine, compressor or other device for more than 10 consecutive minutes or a total of ten minutes within a two-hour period between the hours of 9 p.m. and 6 a.m. The City of Sumner prohibits a commercial vehicle on a public right of way and located within 500 feet of residential dwellings from operating any motor, engine, compressor or other device for more than 10 minutes in a 2-hour period. The City of Burien requires that between the hours of 9:00 p.m. and 6:00 a.m., no person shall park a commercial vehicle upon the public right-of-way within 500 feet of residential dwellings and permit any motor, engine¡ compressor or other device to operate for more than 10 consecutive minutes or a total of 10 minutes within any two- hour period. There was also a question on whether the Federal Way Home Occupation section of the code could regulate noise associated with the operation of commercial vehicles during the night. In response to this, the Home Occupation section applies only to whether you are running a business out of your house and not if you are on-call to a business located elsewhere. 4. Regulations Governing Leaking Of Hydraulic Fluids A citizen was concerned that parking of commercial vehicles in residentially zoned areas would result in groundwater contamination due to leaking of hydraulic fluids. FWCC, Section 21-37. Prohibited Discharges states that "It is unlawful for any person to discharge contaminants into surface and stormwater, groundwater, or Puget Sound. ---- Oversized Vehicles Code Amendment Planning Commission Staff Report File #03-102457-00-UP Page 2 III. EXHIBIT- 0 P AGE~,j ~-2. =I Contaminants include, but are not limited to, the following: (3) Petroleum products including but not limited to oil, gasoline, grease, fuel oil, heating oil; (21) Recreational vehicle waste; It is a violation of City Code to discharge contaminants that would eventually end up into surface water, groundwater, stormwater or Puget Sound. Therefore, if the City receives a complaint or otherwise discovers that a truck is leaking hydraulic fluid, it is treated as a violation and the owner of the truck is contacted and asked to cease the action and take corrective measures if necessary. Failure to comply may result in civil enforcement actions and/or sanctions A. RESPONSE TO TESTIMONY FROM THE PUBLIC B. During the Land Use Transportation Committee meetings of September 2, and 16, 2003, the following concerns were expressed by some members of the public. 1. The amendments would allow RVs and boats less than 28 feet in length to be parked in driveways. There was a concern that this would result in them bring parked partially on the sidewalk. 2. There was a question on how the height of boats and RVs is measured 3. There was just a general concern about increasing the allowable length of RVs and boats from 22 feet to less than 28 feet on driveways. Meeting with interested parties Staff contacted all parties that had presented public testimony at the LUTC meetings and on October 15, 2003, staff met with seven of these citizens (See Exhibit B -- Signup Sheet). Staff explained the reasons for the proposed amendments and listened to their concerns which are summarized as follows: 1. Concern about changing the way commercial vehicles and RVs and boats are measured. 2. There was the perception that the code would be made more lenient to the detriment of the City as a whole. 3. Concern about the way that height is presently measured. 4. Concern about the proposed code amendment from a present homeowner, who has lived in Federal Way for over 25 years, and whose husband drives a truck. s. Concern that the Public Safety Department is not enforcing the on-street parking restrictions. The concerns presented to the LUTC and to staff are generally the same; therefore, staff has combined responses where possible: Oversized Vehicles Code Amendment Planning Commission Staff Report File #O3-1O2457-00-UP Page 3 EX'-{¡b¡T_~ 8 ~-.----.._-- P AGE ~- ';, ) ~=--2~ 1. Concern About RV Parking Extending Unto Sidewalks The proposed code amendment includes specific language in Section 22-1177(c) as follows: Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the following conditions: (1) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibility from adjacent driveways. (2) Vehicle is maintained in a clean, operable condition. (3) Vehicle parking or storage is accessory to an existing permitted residential use." It was the intent of this section to prohibit an RV or boat from parking in a driveway if it intruded into the right of way and any pedestrian pathway, including sidewalks. We can amend this language to clarify that sidewalks are included. 2. Measuring The Height Of Boats And RVs. The new code, if adopted in its present form, would not be based on height but on weight of commercial vehicles and length of RV's and boats. The present code does not include a definition of height relating to boats or RVs. Traditionally; the Code Enforcement Officer has measured height from ground level to the highest structural point, not incluèling any mechanical appurtenances such as air conditioners or accessories such as antennae or luggage racks. 3. Concern about Increasing The Allowable Length Of RVs And Boats From 22 Feet The proposed maximum length for recreational vehicles of 28 feet to be allowed on driveways is the result of information gathered from RV dealers about the length of the current classes of vehicles. Motor homes are divided into three classes, "A," "B," and "c" Each has a general length range and chassis base. Class "A" motor homes are the largest and can be up to 45-feet in length and 13-feet tall. They are typically built on a dedicated bus-style chassis. Classes "6" and "(" are based on a heavy duty van chassis and use the van nose or cab section. Class "(" motor homes can be up to 32-feet in length and have a cabover-style van front end. Class "6" motor homes are based on lengthened and modified van chassis and run to 24-feet in length. They also use the van cab. The 28-foot length maximum length was chosen to accommodate the smaller van-based motor homes and what appeared to be the more common length for travel trailers based on experience in the field. Moreover, the maximum length of an RV to be parked in the driveway would be limited by the subject property's ability to accommodate the vehicle. In most residential zones, front yard setbacks are 20 feet. The proposed amendment also includes a requirement that regardless of length, any vehicle stored on a residential driveway is prohibited from obstructing or overhanging any public walkway, sidewalk, or --- - - ----- ---- -- Oversized Vehicles Code Amendment 1'1<111111119 ConlOlisslon Staff Repol t Frle 1I03-JO2457-00UP Pdq" -1 street. EXHiBiT_- ~ PAGE,- 5:',J~_2-'-_- 4. Concern about Making the Code More Lenient as It Relates to RVs and Boats Some of the concerns raised during the public testimony concerned the potential impact of allowing larger RVs (greater than the presently allowable 22 feet) especially on smaller lots. Smaller lots are normally found on platted versus un-platted lots. Platted lots are usually associated with newer subdivisions that have private covenants in place. It has been the City's experience that many private covenants have specific restrictions about storing RVs and boats on lots. These restrictions are typically stricter than even existing city regulations. Covenants are private restrictions specific to a subdivision. Covenants are recorded with King County and runs with the land. The City does not enforce covenants 5. Concern from existing commercial vehicle operators The existing city regulations apply to all parcels within residential zones regardless of their size. Although it may not provide relief to all existing operators, having a different regulation throughout the city based on lot size may be an alternative. For example, commercial vehicles, RVs and boats of any size could be allowed in RS 35.0and SE (1 unit per five acres) if parked entirely on that lot. The proposed code already includes an exemption for vehicles used for agricultural purposes on any lot in a Single Family Residential (RS 35.0) or Suburban Estates (SE) zone. 6. Concern about non-enforcement of On-street parking Restrictions Please refer to response under Section II B 2 of this staff report IV. PLANNING COMMISSION ACTION After holding a public hearing and taking public input: 1. Request staff to provide additional research on specific items and make changes to the proposed code as directed by the Planning Commission, bringing the amendments back to the Planning Commission at a future continuation of this evening's public hearing. 2. Forward the proposed code back to the City Council with no changes. EXHIBITS l:xl i:iJlt f\ Ext1i1Jlt l3 Coele AI11CIHI11ICI1t pleSel1tecJ to City Coul1cil List of I\~oplc Altel1cJIl1() October 15, 2003 ~lCCtfflg rABLES I"dIJI(~ 1 1"¿lllle I ¡ I'iHkll1( of COI11I11CICIdl Veillcics III Reslejel1tldl Alcas 1',-11 klllfJ of ReucdtleJilal Vel11cles amj Boats 011 Lots 111 ReslcJelltlJI Areas 1\ 'Of) 1 Cnd,' ^""',,orncnt-.\Ov<,,';Pc VeI",I"c\PI"""""J (0""("",,on\102903 PI~nn¡"'1 Col1"",5Olo" St.lff R('I)(},1 DOC/lO/n/ìOOJ 3:41 P~l -.------ OVl'ISl/eei Vdllclcs Coele AI11CI1C!rl1CI¡[ 1'1"1111111'1 COll1l11I';',IIJlI SLlff [<"!1'1I1 File 1103-102457-00-UP Page 5 EXHIBIT A EXH,r-'T 8 I tj 1 ~ --- .. PAGE-'-Of~ FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176 Size and use Parkint! and storat!e in residential zones limited. Except as specified in F'NCC 22 1177, it is a violation of this chapter to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length. COrd. No. 90 13, § 2(115.115(1)),22790) Except as exempted pursuant to FWCC 22-1178, parking or storage of commercial vehicles is prohibited on residentially zoned lots. Commercial vehicle means, unless exempted by FWCC 22- 1178, any motorized vehicle or truck over 10.000 Ibs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), or any non-motorized trailer or other method of conveyance, the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulIdozers, backhoes, cranes, and similar construction equipment. 22-1177 Vehicles and boats permitted. (a) Vehicles, 10,000 Ibs GVWR or less, with or without a mounted camper unit. which are primarily used for private transportation purposes. (b) Vehicles used for commercial purposes but based on standard pick-up, light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 Ibs GVWR. (c) Recreational/utility vehicles and boats less than 28 feet in length. such as travel trailers. folding tent trailers. motor homes, truck campers removed from a truck or pick-up, horse trailers. boat trailers with or without boats. and utility trailers based on the folIowing conditions: (I) Vehicle does not intrude into public rights-of-way. pedestrian pathways. or obstruct sight visibility from adjacent driveways. (2) Vehicle is maintained in a clean. operable condition. (3) Vehicle parking or storage is accessory to an existing permitted residential use. (d) Recreational/utility vehicles and boats 28 feet in length or longer may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. 22-1178 Commercial Vehicles exempted (a) Vehicles used for agricultural purposes on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. (b) Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. (c) Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit.. A EXHIBI1__- 0," DAf'-.1= I OF t. 8 EXHIBIT__- _e PAGE 1 ()~ 2.1 22 1177 22-1179 Exceptions. (a) ^ '>chicle of any size may be parked on any lot in the city for not more than 18 hours for the exclusive purpose of loading or unloading the vehicle. Ebj The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (l) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)),2-27-90; Ord. No. 00-375, § 25,10-3-00) 22 117822-1180 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord, No. 90-43, § 2(115.145(2)), 2-27-90) 22 117922-1181 Limitation on usc. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)),2-27-90) 22 118022-1182 - 22-1195 Reserved. EXHIB.", A o~._, PAGE~- -- f-~ 1. 1:\2003 Code AmendmenlS\Oversize Vehicles\Ci!y Council\Exhibi! A\Division II -- New Code Language.dodI0f22f2003 10:45 AM Name Address Phone Number E-mail Address Ý\A .0 'M 0- (...r 0. ~ K~~~ ~'t &<.1 ~..'~ l1-Þ-rf ...~r , d""""",, j) ~ ~; rdY 'V;(a"¿/~ II 33 F ~ . ?(/$,fll .2 n~ ,p?v~¡f'.r ~ V 'R 6.h~(^ W \ \V\~\ ?:, 2 7 ¿ -1 (~-f\1 A,JP~/"1 2~5'-'67L¡ - 2 ') L-,Ll F,)V\r:..AW^-w\\v¡ ,~Q f',\V\-\C mlÁ r t¿ $(: fA 4 c.~" D ¿ -\ 'K c; -II, (J/ ,,' .7 -ç 7 <;4/ 70b c:. v "-./ A.A. . rV1,' r-". G-¡Lkc"" ¡::) /: - J -en. Y\ A- Ln-P ( fj'-fo ç Ço '2-,;1 b s+ ;i-\ z., go 3 <7 :/-N ¿ I '-- Rl c--h Þ<-P. f-vv,r x-6<::;," <ÇQ :;:ç~ h\¡ :2':: -z.,. f?3 C) ;;2- f7/ 'h \;'\0\\0. W,t,~,c,I-\MI I~))\, ~\).\ ;¿c;l"'~"---' ;:)~ ~ -C}'}C, ~ (ì ').-u c.: v, \ .1,\ \ c.l" c /'-.1-<., (i) aJ7/ ~ -- 11 -;ç~(,^<.N¿ YeL.ç'1 Ù '3 2. ~((n f)i~ A1K ';W 2.<'~ ,C¡?7. <.'ì(~LI Y"~L~{I'r::>c.e.\Q' \ 1'1" '.) v . t'J rlf liTE' : IíI SIGN UP SHEET EXH(B~T_",~- 8 l '-" 5 PAGE ,- ';--A--. ~ J.. O(V.J . CAY- vd'V\éj (~L)U (.(rfì'J EX PAGE_'..,'E , 8 TABLE 1 - PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS Federal way (Proposed Code) 22-1176 Commercial Vehicles REGULATION I.Not allowed to park or store any vehicle on any lot in a residential zone ¡fthat vehicle is both more than nine feet in height and more than 22 feet in length except that a vehicle of any size may be parked on any lot in the city for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. 2. The city may, using process III, approve a request to park or store a vehicle of any size on a lot in a residential zone. The following would be allowed: 1. Vehicles, 10,000 Ibs GVWR1 or less, with or without a mounted camper unit, which are primarily used for private transportation purposes. 2. Vehicles used for commercial purposes but based on standard pick- up, light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. 3. Vehicles used for agricultural purposes on any lot in a Single- Family Residential (RS 35.0) or Suburban Estates (SE) zone. 4. Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. (D CITY Federal way (Existing Code) CODE SECTION 22-1176 REGULATED Commercial Vehicles 1 GVWR means gross vehicle weight rating. \II CITY CODE SECTION REGULATED REGULATION 5. Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit. 6. The city may, using process III, approve a request to park or store a vehicle of any size on a lot in a residential zone. Bellevue 20.20.720 D Commercial Vehicles on residential Exceeding 19 feet in length are not property. permitted to be parked overnight on residential properties unless approved through a Home Occupation Permit. Tacoma 11.05.2000 Commercial Vehicles on lots or rights Any bus, semi- trailer, trailer, motor of ways in residential areas. truck, tractor, and/or truck tractor or any commercial vehicle over 12,000 pounds GVWR can not be parked or stored on any residential property or on any public street, avenue, alley or other thoroughfare, or any right-of- way in any residential district in the City of Tacoma for a period in excess of one hour unless engaged in legitimate loading or unloading activities. Auburn No code adopted to date/they are working on a proposal. Tukwila 9.28.020 Commercial Vehicles and Trailers in Commercial vehicles or trailers are ... residential areas (lots or rights of allowed in residential areas based on ~ ways). Commercial vehicle is any the following: vehicle 8 feet or larger in width, 20 l.To load and unload. feet or longer in length, or 9 feet or 2. To avoid conflict with other traffic, ~ taller in length, the principal use of or to be in compliance with the law or which is the transportation of the direction of a peace officer or a commodities, merchandise, produce, traffic-control device. ,- freight or animals; or bulldozers, 3 In order to make non-recurring cranes and similar construction emergency repairs. < . '" L m X ::I: - CD - :-1 œ CITY CODE SECTION REGULATED equipment. REGULA TION 4. Commercial vehicles are allowed tp park in the private driveway of the owner of such vehicle provided that: (a) No more than one commercial vehicle is allowed to be parked. (b) They do not intrude into sidewalks, ped paths, or public rights of way, and shall not obstruct"Sight visibility from adjacent driveways (c) They shall be maintained in a clean, well-kept state, which does not detract from the appearance of the surrounding area. (d) They shall not be parked in parking lots of apartments, condominiums, or other non-single family living arrangements. (e) Trailers nonnally used as part ofa tractor trailer combination shall not be allowed to park in residential zoned areas. (f) They shall not be parked in residential areas except on the nonnal driveway of the vehicle operator's house. 5. Utility trucks owned by a public or quasi-public agency when the drivers are required by their employment to engage in public works or repairs. 6. Tukwila school district buses for a period of three hours during the days and hours when pupils are in school or during special events, if they do not obstruct traffic flow or block sight distance on the road or from driveways. 3 m X I - CD - 1-1 ) I UTI 1m N . CITY CODE SECTION REGULATED REGULATION Kent No regulations Sumner 18.12.030F9 AIJows commercial vehicles as part of I. No commercially licensed vehicles a home occupation. over 10,000 pounds shall be utilized in the business. 2. No more than one type of commercially licensed vehicle under 10,000 pounds gross weight capacity shall be utilized in the business on the premises. Renton No regulations Redmond 200.130.10 Commercial Vehicles I. Pickup or light trucks, 10,000 pounds GVWR or less, with or without a mounted camper unit, which are primarily used by the property owner for transportation purposes are aIJowed. 2. Truck tractors, large commercial vehicles over 10,000 Ibs GVWR are prohibited. 3. Only one commercial vehicle is aIJowed per lot. -em »x G)I mõ5 . .. -~ì þÞ/ ~:; '- .,-; i I . ! ita '.. 4 TABLE II -PARKING OF RECREATIONAL VEHICLES AND BOATS ON LOTS IN RESIDENTIAL AREAS CITY Federal way (Existing Code) CODE SECTION 22-1176 REGULATED Recreational Vehicles and Boats Federal way (Proposed Code) 22-1176 Recreational Vehicles and Boats 5 REGULATION I.Not allowed to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length except that a vehicle of any size may be parked on any lot in the city for not more than 48 hours for the exclusive purpose of loading or un10ading the vehicle. 2. The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone. The following would be allowed: I. Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the following conditions: (a) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibility from adjacent driveways. (b) Vehicle is maintained in a clean, operable condition. (c) Vehicle parking or storage is accessory to an existing permitted residential use. 2. Recreational/utility vehicles and I boats 28 feet in length or longer mav . m >< I - OJ .~ I . I r I loa CITY CODE SECTION Bellevue 20.20.720A BeJlevue 20.20.720 F Tacoma Auburn Tukwila Kent REGULATED Recreational Vehicles, Watercraft, and Utility Trailers Recreational Vehicles, Watercraft, and Utilitv Trailers Recreational Vehicles Recreational Vehicles 6 REGULATION be stored on any Jot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. 3. The city may, using process III, approve a request to park or store a vehicle of any size on a lot in a residential zone. Not permitted within a residential land use district, except for loading and unloading activities completed within a 3-day period within any given 2-week period unless there is compliance with the foJlowing: 1. Housed within a vented garage, or within a carport, which is screened from abutting properties. 2. Located within a side or rear yard (must comply with setbacks) and screened from abutting properties. 3. If no reasonable access to rear or side yard, one R V, watercraft or utility trailer not exceeding 28 feet in length may be located in front yard if screened from abutting property and right of way (if located within the front yard setback) Prohibited in any residential land use zone if exceeds 40 feet in length Not regulated. No more than one unit of a recreational vehicle {travel trailers, m X :I: - OJ - ~ . CITY CODE SECTION REGULATED REGULATION tent trailers, and camping trailers, all of which must be towed by a car; and truck campers, motor homes, and camper vans, all of which have the motor within the body of the vehicle) or structure shall be stored outside an enclosed building or structure on residential property; said equipment shall be screened from view of surrounding neighbors and shall not be used for habitation. Sumner 18.12.080C Recreational Vehicles and Boats I.Required front and street side yards shall not be used for the storage of any motor vehicle or vehicle accessory such as camper shells, boats, trailers, motorbikes or other wheeled accessory or conveyance. 2.Storage of such vehicles and vehicle accessories is permitted within the legal building site area and rear and interior side yards provided that such vehicles and accessories are screened from neighboring properties and public rights-of-way by a six- foot- high solid fence or landscaped screen.. For purposes of this section "storage"... means the keeping of such vehicles ,J and accessories on any portion of any { parcel of property for a period of 120 r continuous hours. Renton No regulations Redmond Recreational Vehicles Are allowed based on the following conditions: , 1. Must not intrude into a right of way' or access easement or obstruct sight' visibility from adjacent driveways, : 7 m X :r: - CD 1-1 ~~ . CITY CODE SECTION REGULATED REGULATION rights of ways or access easements. 2. Must be operable and maintained in a clean, weB-kept state and does not detract from the appearance of the surrounding area. 3. Must be screened from the closest abutting street right of way if not parked perpendicular to the right of way (there are certain prioritized parking locations on the lot). 1:\2003 Code Amendments\Oversize Yehicles\Planning Commission\1 021 03 TABLE l.docll 0/22/2003 I :21 PM ìJ rr'; ""r-... '>'/ ,.",.' ,..' -', G) :r rTl ¡ i... ' !~ ..,.1 bI ,- . I : "- : .; 8 CITIES REGULA TlON EXISTING PROPOSED BELLEVUE TACOMA AUBURN TUKWILA KENT SUMNER RENTON REDMOND Parking Commercial FEDERAL WAY FEDERAL WAY Vehicles in Residential Areas COMMERCIAL Not Not Not Re!!ulated Re!!ulated Re!!ulated Based on len¡;¡th and hei¡;¡ht X X Threshold for commercial vehicles at 10,000 lbs OVWR X X X or more Threshold for commercial vehicles at 12,000 Ibs OVWR X or more Allow commercial vehicles X (Max 2 X (Max 1 X (Max I X (Ma-x I less than threshold but restrict X (No Restriction) number of commercial vehicles vehicles) vehicle) vehicle) vehicle) Commercial vehicles used for agricultural purposes in large X lot areas Commercial vehicles parked temporarily for loading and X X X unloading Commercial vehicles parked for construction purposes with X a valid development permit Commercial vehicles allowed X X as part of a home occuDation To comply with peace officer X or traffic control device - ""'" ...... To make non-recurring X ..IV IT! emergency reoairs i>X Utility trucks owned by a (j) I public or quasi-public agency rT1 õ5 when the drivers are required X to engage in public works or I' -... ~ repairs School district buses up to a 1...1 max. of3 hours while children I are at school or at special X , "' I ¡ ¡ events ;í ! L ,. Process to allow exemption to X X ¡~ """ code, :.. REGULATION Parking RV's in Residential Areas RV's Allowed Based on length and height Based on length Parked temporarily for loading and unloading Within a vented garage Within a structure Within a carport and screened from abutting properties Allowed in drive way Does not intrude into r-o-w or side walk Kept in clean, operable condition Accessory to an existing permitted residential use AlIowed in side and rear yard (Not within setbacks) Process to allow exemption to code. EXISTING FEDERAL WAY x x PROPOSED FEDERAL WAY x X (If less than 28 ft long) x x x X (28 ft or longer; must be screened x BELLEVUE X (Prohibited if exceeds 40 feet) X X X X (If less than 28 ft; no access to side and rear yard; must be screened from abutting property and r-o-w) X (Must be screened) CITIES TACOMA Not Regulated AUBURN Not Regulated TUKWILA Not Re!!uIated KENT x X (Ma;\ 1 vehicle; must be screened) X (M¡L"I( 1 vehicle; must be screened) SUMNER X (Max 1 vehicle; must be screened) RENTON Not Regulated REDMOND x 1..1) X Ju~e:-i screbned) I I I f-+-L. ,-. : '-- ,T¡~ ~ \at TABLE 1 - PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS CITY CODE SECTION REGULATED REGULATION Federal Way 22-1176 Commercial Vehicles Not allowed to park or store any vehicle on any lot in a residential zone if that (Existing Code) vehicle is both more than nine feet in height and more than 22 feet in length, except that a vehicle of any size may be parked on any lot in the city for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. The city may, using process III, approve a request to park or store a vehicle of any size on a lot in a residential zone. Federal Way 22-1176 Commercial Vehicles The following would be allowed: (Proposed Code) I, Vehicles, 10,000 Ibs GVWR or less, with or without a mounted camper unit, which are primarily used for private transportation purposes. 2, Vehicles used for commercial purposes but based on standard pick-up, light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 lbs GVWR. 3. Vehicles used for agricultural purposes on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. 4. Vehicles parked on any lot in a residential zone for not more than 48 hour for the exclusive purpose of loading or unloading the vehicle. 5. Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit. 6. The city may, using process III, approve a request to park or store a vehicle of any size on a lot in a residential zone. Bellevue 20.20,720 D Commercial Vehicles on Exceeding 19 feet in length are not permitted to be parked overnight on residential property, residential properties unless approved through a Home Occupation Permit. - Tacoma 11.05.2000 Commercial Vehicles on lots or I. Any bus, semi- trailer, trailer, motor truck, tractor, and/or truck tractor, ct:. right-of-ways in residential any commercial vehicle over 12,000 pounds gross vehicle weight can n@~ areas. be parked or stored on any residential property or on any public street, L ~ avenue, alley, or other thoroughfare, or any right-of-way in any ilh residential district in the City of Tacoma for a period in excess of one, hour, unless engaged in legitimate loading or unloading activities. I . '- 2. It shall be unlawful for any owner of property in any residential district to .. park on, cause to be parked on, or allow to be parked on his or her. residential property more than two vehicles of 12,000 pounds or less I gross vehicle weight which are used for commercial purposes. ::. . m >< I -- r'Tl '--' .: .,~.~ I I , - , iN' I ¡,.. CITY CODE SECTION REGULATED REGULATION Auburn No code adopted to date/they are working on a proposal. Tukwila 9.28.020 Commercial Vehicles and Commercial vehicles or trailers are allowed in residential areas based on the Trailers in residential areas (lots following: or right-of-ways). Commercial I. To load and unload. vehicle is any vehicle eight feet 2. To avoid conflict with other traffic, or in compliance with law or the or larger in width, 20 feet or direction of a peace officer or a traffic-control device. longer in length, or nine feet or 3 In order to make non-recurring emergency repairs. taller in height, the principal use 4. Commercial vehicles are aJlowed to park in the private driveway of the of which is the transportation of owner of such vehicle provided that: commodities, merchandise, (a) No more than one commercial vehicle is allowed to be parked. produce, freight, or animals; or (b) They do not intrude into sidewalks, ped paths, or public rights of bulldozers, cranes, and similar way, and shall not obstruct sight visibility from adjacent driveways construction equipment. (c) They shall be maintained in a clean, well-kept state, which does not detract from the appearance of the surrounding area. (d) They shall not be parked in parking lots of apartments. condominiums, or other non-single family living arrangements. (e) Trailers normally used as part ofa tractor-trailer combination shall not be aJlowed to park in residential zoned areas. (D They shaJl not be parked in residential areas except on the normal driveway of the vehicle operator's house. 5. Utility trucks owned by a pubJic or quasi-public agency when the drivers are required by their employment to engage in public works or repairs. 6. Tukwi!a school district buses for a period of three hours during the days and hours when pupils are in school or during special events, if they do not obstruct traffic flow or block sight distance on the road or from .... J driveways. .. Kent No regulations ~ ~ Sumner 18.12.030F9 Allows commercial vehicles as No commercially licensed vehicles over 10,000 pounds shall be utilized in t~ part of a home occupation. business. No more than one type of commercially licensed vehicle under 10,00.° pounds gross weight capacity shall be utilized in the business on the \ t ~ premises. Renton No regulations I.. U " Pickup or light trucks, 10,000 pounds gross weight or less, with or without a '; . Redmond 200.130.10 Commercial Vehicles -' mounted camper unit, which are primarily used by the property owner for '1 transportation purposes are allowed. Truck tractors, large commercial ll~ vehicles over 10,000 lbs gross weight are prohibited. Only one commercial vehicle 10,000 pounds gross weight or less is allowed per lot. 11. m >< I UJ -.- ~'i I \ I~ ¡ I CITY Federal Way (Existing Code) Federal Way (Proposed Code) PARKING OF RECREATIONAL VEHICLES AND BOATS ON LOTS CODE SECTION 22-1176 22-1176 REGULATED Recreational Vehicles and Boats Recreational Vehicles and Boats REGULATION Not allowed to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length except that a vehicle of any size may be parked on any lot in the city for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone. The following would be allowed: 1. Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the fol1owing conditions: (a) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibility from adjacent driveways. (b) Vehicle is maintained in a clean, operable condition. (c) Vehicle parking or storage is accessory to an existing permitted residential use. 2. Recreational/utility vehicles and boats 28 feet in length or longer may be -U stored on any lot in a residential zone when not visible from the public ):þ right-of-way and not stored or parked in the driveway. (" 3. The city may, using process III, approve a request to park or store a vehicle~h of any size on a lot in a residential zone. I , I [11 X I -- [0 , _.~ ~ .~--1 ,- i i ; ~~. I I.\II~ 't-' I" ..1 CITY CODE SECTION REGULATED REGULATION Bellevue 20.20.720A Recreational Vehicles, Not pemitted within a residential land use district, except for loading and Watercraft, and Utility Trailers unloading activities completed within a three-day period within any given two- week period unless there is compliance with the following: I. Housed within a vented garage, or within a carport, which is screened from abutting properties. 2. Located within a side or rear yard (must comply with setbacks) and screened from abutting properties. 3. lfno reasonable access to rear or side yard, one RV, watercraft or utility trailer not exceeding 28 feet in length may be located in front yard if screened from abutting property and right of way (if located within the front yard setback) Bellevue 20.20.720 F Recreational Vehicles, Prohibited in any residential land use zone if exceeds 40 feet in length Watercraft, and Utility Trailers Tacoma Recreational Vehicles Not regulated. Auburn No code adopted to date/they are working on a proposal. Tukwila 9.28.020 Recreational Vehicles Not regulated. Kent 15.08.080 Recreational Vehicles No more than one unit of a recreational vehicle (travel trailers, tent trailers, and camping trailers, all of which must be towed by a car; and truck campers, motor homes, and camper vans, all of which have the motor within the body of the vehicle) or structure shall be stored outside an enclosed building or structure on residential property; said equipment shall be screened from view of surrounding neighbors and shall not be used for habitation. Sumner l8.l2.080C Recreational Vehicles and Boats Required front and street side yards shall not be used for the storage of any ~ motor vehicle or vehicle accessory such as camper shells, boats, trailers, motorbikes or other wheeled accessory or conveyance. Storage of such vehicles ~ and vehicle accessories is pemitted within the legal building site area and rear t and interior side yards provided that such vehicles and accessories are screened I from neighboring properties and public rights-of-way by a six- foot-high solid fence or landscaped screen. For purposes of this section "storage" means the keeping of such vehicles and accessories on any portion of any parcel of property for a period of 120 continuous hours. Renton No regulations m X I - CD - ,---I ,ìlIW 'N .. CITY CODE SECTION REGULATED REGULATION Redmond 20D.!30.!0-050 Recreational Vehicles Are allowed based on the following conditions: 1. Must not intrude into a right-of-way or access easement or obstruct sight visibility from adjacent driveways, rights of ways or access easements. 2. Must be operable and maintained in a clean, well-kept state and does not detract from the appearance of the surrounding area. 3. Must be screened from the closest abutting street right-of-way if not parked perpendicular to the right-of-way (there are certain prioritized parking locations on the lot). 1:\2003 Code AmendmentslOversize YehicleslPlanning Commissionll 021 03 TABLE I.docll 0/29/20034:27 PM "'Urn »X ø:I: mõS ~::j ~ IT) ¡tal .. .. EXHIBIT C -~ CITY OF ~ Federal Way EXHIBIT C PAGE-LOF ~ STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Chaphr 22, Article XIII Division 11, "Vehicles and Boats" (Oversized Vehicles) I. Planning Commission Meeting of November 19,2003 BACKGROUND The proposed code amendments to Federal Way City Code (FWCC) Chapter 22, Article XIII, Division II, "Vehicles and Boats" (Oversized Vehicles, Exhibit A) were presented to the City Council at their September 2 and 16,2003, public meetings for first and second readings, respectively. During these meetings, there was testimony both in favor and against the amendments from members of the public. At the end of the Council deliberations on September 16,2003, the Council made a motion for staff to research certain questions and take the amendments back to the Planning Commission for additional review and possible revision. Staff researched these questions and provided them to the Planning Commission at an October 29,2003, public hearing. The Planning Commission continued the public hearing to November 19,2003, with a request for staff to research additional questions listed in Section II of this staff report. II. ADDITIONAL RESEARCH REQUESTED By PLANNING COMMISSION A. The Planning Commission requested staff to research and respond to the following: l. 2. They wanted to see commercial vehicles and recreational vehicles regulated separately. They requested staff to research a lot exemption to allow commercial vehicles on larger City lots. The location of the parking of the vehicle.relative to the property line should also be considered. Related to the above potential lot exemption, they requested staff to prepare a matrix which shows the residential zoning districts and the corresponding lot sizes. They inquired whether a commercial vehicle being used for personal reasons could be treated differently from a commercial vehicle being used purely for commercial purposes. Both the existing code, as presently written, and the proposed code would allow parking of commercial vehicles on residentially zoned lots with a Process III review and approval based on meeting certain criteria. However, several Planning Commissioners were concerned that the Process III fee, which is over $1,000, was too much for this purpose. They wanted staff to consider a less expensive exemption process. They asked staff to further explain why the length of RVs and boats to be allowed on a driveway was proposed to be increased from 22 to 28 feet. They were interested in limiting the number of commercial vehicles and RVs/boats on a lot. 3. 4. 5. 6. 7. EXHtSiT_C PAGE J-<) t_'" 8. They requested additional research on where the cutoff weight should be for commercial vehicles versus a vehicle used for private transportation purposes. They requested staff to consider an intervening step based on performance standards to allow commercial vehicles before having to apply for a Process III approval. 9. B. Staff has responded to each of these items as follows: I. Planning Commission Request Provide a separate code section for commercial vehicles and recreational vehicles/boats. Staff Response Staff can prepare a code amendment that separates the regulation of commercial vehicles from recreational vehicles and boats. The code language would be drafted after the Planning Commission made a recommendation on the standards to be adopted for each. Staff Recommendation Staff concurs with the Planning Commission direction and will prepare two separate code amendments for the Planning Commission's review. 2. Planning Commission Request Research a lot exemption to allow commercial vehicles on larger City lots. Consider the location of the parking of the vehicle relative to the property line. Staff Response . As shown in the newly proposed Section 22-1178, "Commercial Vehicles Exempted" (page I of I of Exhibit A), staff has proposed an exemption for, "Vehicles used for agricultural purposes on any lot in a Single Family Residential (RS 35.0) or Suburban Estates (SE) zone." This exemption could be expanded to include any lot greater than 15,000 square foot in size in a RS 15.0 (one unit per 15,000 square feet) zone, as well as in the SE (one unit per five acres) and RS 35.0 (one unit per 35,000 square feet) zones, and could apply the exemption to any commercial vehicle. . Regulating location of parking on a lot may be complicated. FWCC Section 22-1135 allows parking in front and rear yards if on an approved driveway. Please refer to the matrix associated with Question No.3, which shows required yard setbacks in each zone. In lieu of regulating placement of commercial vehicles on a lot, from an enforcement position it may be better to require standards, such as limiting the number of vehicles per lot and screening. Staff Recommendation Staff recommends that commercial vehicles be allowed on larger lots as discussed under the above "Staff Response." 3. Planning Commission Request Prepare a matrix that shows the residential zoning districts and the corresponding lot sizes. Ovcrsizcd Vehicles Codc Amcndmcnt Novcmbcr 19,2003, Planning Commission Stall Report rile #03-1 02457-00-UP Page 2 X. ", '.-"- C -', .-,. ' t:. ¡ I t t....'. , ,- --- PAGE_3-~)ç: 85 Staff Response The following matrix shows all of the City of Federal Way zon ing districts and the corresponding minimum lot sizes and yard setbacks. Except for the multiple-family zoning districts, Federal Way's zoning is not density-based but requires a certain minimum lot size for all newly created lots. However, a lot of any size is considered to be a legal building lot and can be built on if was created prior to Federal Way's incorporation on February 28, 199O, with certain exceptions. This means that a lot can be less than the minimum size and still be considered legal if it existed prior to incorporation. Zoning Minimum Lot Size Required Yard Setbacks SE 5 acres Agricultural Uses Setbacks - Front (F) 30', Side (S), and Rear (R) 30' Single Family Residence Setbacks - F 30', S 10', and RIO' RS 35.0 35,000 square feet Single Family Residence Setbacks - F 20', S 10', and RIO' RS 15.0 15,000 square feet Single Family Residence Setbacks - F 20', S 5', and R 5' RS 9.6 9,600 square feet Single Family Residence Setbacks - F 20', S 5', and R 5' RS 7.2 7,200 square feet Single Family Residence Setbacks - F 20', S 5', and R 5' RS 5.0 5,000 square feet Single Family Residence . Setbacks - F 20', S 5', and R 5' . RM 3600 (12 units per acre) Single Family Residence or Multiple Family Units Setbacks - F 20', S 5', and R 5' RM 2400 (18 units per acre) Single Family Residence or Multiple Family Units Setbacks - F 20', S 5' and R 5' RM 1800 (24 units per acre) Single Family Residence or Multiple Family Units Setbacks - F 20', S 5', and R 5' 4. Planning Commission Request Could a commercial vehicle being used for personal reasons be treated differently from a commercial vehicle being used purely for commercial purposes? Staff Response The definition of a commercial vehicle in the proposed language (Section 22-1176 of Exhibit A) includes the truck's primary use in addition to the GVWR to define it as a commercial vehicle. Weight rating alone does not define the vehicle as necessarily commcrcial. It is possiblc a truck not used for commercial purposes could be stored on a Ovcrsizcd Vchiclcs Codc Amcndmcnt Novcmbcr 19, 2003, Planning Commission Stall' Rcport File #03-1 02457-00-lJP Pagc :1 ..-.,., ,', '; r- )i r"'¡ , , -'. , c.--"",,, .,,~, G --.--.--- P A""'. F IJ l"J -- ---~ I 5 ----- n:sidentiallot and have a GVWR in excess of 10,000. This could be the case with the srmJller commercial trucks (often rated to 20.000 GVWR) used to tow the larger travel trailers or 51h wheel trailers (see next page). TRUCK Willi 20,000 LBS GVWR 5. Planning Commission Requcst They requested staff to consider a less expensive exemption process to allow oversized commercial vehicles on residential lots. Staff Response Both the existing code, as presently written, and the proposed code would allow parking of commercial vehicles on residentially zoned lots with a Process III review and approval based on meeting certain criteria. However, several Planning Commissioners were concerned that the Process III fee, which is over $1,000, was too much for this purpose. The City code sets out six different processes, Process I through Process VI. Process I and II arc administrative review and approval and does not require notification of adjacent property owners. Process III is also an administrative review process; however, property owners within 300 feet are notified by mail of the request. Process IV and V require public hearings before the Hearing Examiner, and Process VI requires a public hearing by the Planning Commission with a decision by the Council. [n general the application fees increase with each higher process. Process III is the only administrative process that requires written notification. The fees for each process arc adopted by ordinance; therefore, fees cannot be changes for a particular t)ve of Process II [ without an amendment to the ordinance. Any lower process, though less -- ----___n-- - -------------- ------- ------------- ()vt:rsilt:d V t:hieks ('ode All\t:lldllle1l1 ~On'1l\h'T I (). ::,()(),- 1'1'\I\!1;ll~' (""\\llli'SI<\11 :-;1:111 1'<'1'(\1 [ Ilk fiO3-IO2157-00-UI> I'a!é<' .1 EXH,SIT- ~ P AGE J ~') ~~----15 expensive, would not require notification. Given these parameters, and assuming it is the Planning Commission's desire to allow an exemption for commercial vehicles, it may be better to pursue it through another mechanism. Staff Recommendation Given the existing fee schedule and the way that the processes work, staff is unable to propose a less expensive exemption process and still require notification of adjacent property owners. 6. Planning Commission Request They asked staff to further explain why the length of R V s and boats to be allowed on a driveway was proposed to be increased from 22 to 28 feet. Staff Response Motorhomes are categorized into specific classes. Class "A" motorhomes are typically the largest of the recreational vehicles. These are typically constructed on a commercial truck or bus chassis and can be as long as 45 feet. CLASS "A" MOTORHOME, ApPROXIMATELY 40 FEET IN LENGTH -",,~ . Class "C" is the next largest motorhome. These can run up to 32 feet in length and are built on an extended heavy-duty van chassis. Oversized Vehicles Codc Amcndmcnt Novcmbcr 19, 2003, Planning Commission Stall' Report File #03-1 02457-00-UP Pagc 5 , - , ¡-- '._-, ¡ '. c ~.... "..-, r" L..r 6, { -; ;-- , '- '.., t. ,s CLASS "C" MUlUIZIIUi\'1E, AI'I'IWXI.\1A IllY 29-32 FEET IN LEN(jTI! II //. Class "[3" motorhomes are also based on a van chassis and are commonly referred to as '-mini-motorhomes" or van conversions. They run up to 24 feet in length. CLASS "[3" MOTORHOME, ApPROXIMATELY 21 FEET IN LENGTH -_____n--_~ ---~------- -- ----------.. -------------- - _n______--- ()v~r,i/~d V ~¡i~k, ('od~ A[l1~ndlll~nt Noveillher I'). 2001. I'lanlling ('olll!l1io;o;1011 SUi! l~el'<Ht Fik!!Oì,IO2¡~7-(l(I-l¡I' 1"1"" (, r-- \,/ t...J ' ;:: /' \.~. ,. \ -'l~ c , , --~.-~ .---.-.--.'- P L~.C~;= '1 '5 I ra\ cl tr;lileh call r;lIlge frolll I (J~ 12 foot ¡,)llg "pop-upu or tent-trailers. \\ hich call hc to\\ed h\;1 staJ1(!;¡rd passellger vehicle or light pIC~~Up trtlck~ to)<)~foot trailers. \\hich arc typically tl)\\cd hy heavier duty perS()]itl truck~ (ol11lllerC¡al rated trucks stich as the (iM/ (hc\ rulet f(odiak or lord 1-'450 or I. 55(J olkll to\\ the larger 5'~1 \\heels. IICWI,I.IR¡\II,U~, ^I'I'RU.\I\I\TIIY 22 II1I 1;\ LI,;\(illl !ICWII. !IUdI.ER, ^I'I'ROXI\IAIEI.Y 24 IITI IN LLN(ìTI! .~.. (her'.l/l'd \ll'IHeiL, «Id,' .\II),'lIdl11l',)1 ",","I)",'II')..)!III, I'LlIlI)III"('(qlllll","(\II:;t"lll~lï)(\rl IliLl:(I,~III.'1~7~()()~lJI' 1';t!'.L' 7 l_!\,.. , . ',- c p ACjE __8- " , : ..- 15 TRAVEL TRAILER, ApPROXIMATELY 26 FEET IN LENGT! I TRA VEL TRAILER, ApPROXIMATELY 29 FEET IN LENGTH .~ ._-, ;. :. '. , ---~---~---- ----- ----..--- --------- ,------.--. ()vcr,i/cd V chicle, Codc ¡\111c'l1dll1cI11 N,wc'll1hcr I <). ~()()-" PLI11II1IW ("\1111111\'11111 Starr R,,-p°r1 File 1I().,-I()~4S7-()(),II' I';¡'~c X EXHIB'T~ P AGE___q ...jt:: .s Due to this wide variation in length of trailers and motorhomes, staff reviewed other cities' codes. As shown in Table II - Recreational Vehicles and Boats, of the eight other cities surveyed (not including Federal Way), four (Tacoma, Auburn, Tukwila, and Renton) did not regulate the parking of recreational vehicles on residential lots. Two other cities (Kent and Sumner) prohibited parking of RVs in driveways unless they were screened. Bellevue allowed parking on driveways, if screened and if there was no reasonable access to the rear or side yard, and Redmond allowed parking on driveways if parked perpendicular to the abutting street right-of-way. Bellevue was the only city surveyed which set a maximum allowable length for recreational vehicles. Bellevue sets a maximum length of28 feet for RVs on driveways before some form of screening is required. Bellevue also set an absolute maximum length for storage of a recreational vehicle on a residential lot at 40 feet. A website review of some of the more common makers listed the length of their more popular trailers to be from 29 to 39 feet in length. The proposed code amendment shown in Exhibit A would prohibit all Class "A" motorhomes, most Class "C" motorhomes, and some ofthe Class "B" motorhomes from being parked on a residential driveway. Please note that regardless of the length of the vehicle, it must be completely contained on the driveway and cannot overhang the sidewalk, right-of-way, or other pedestrian pathways. Moreover, the maximum length of an R V to be parked in the driveway would be limited by the subject property's ability to accommodate the vehicle. In most residential zones, front yard setbacks are 20 feet. Staff Recommendation Based on further research, staff recommends a change in the proposed language of FWCC Section 22-1177 as follows: (c) Recreational/utility vehicles and boats less than 28 24 feet or less in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the following conditions: (1) Vehicle does not intrude into public rights-of-way, sidewalks, pedestrian pathways, or obstruct sight visibility from adjacent driveways. (2) Vehicle is maintained in a clean, operable condition. (3) Vehicle parking or storage is accessory to an existing permitted residentialllsc. (d) Recreational/utility vehicles and boats 28 feet in length or longer than 24 feet may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. (e) No more than one unit of a recreational vehicle (travel trailers, tent trailers, and camping trailers, all of which must be towed by a car; and truck campers, motorhomes, and camper vans, all of which have the motor within the body of the vehicle) or structure shall be stored outside an enclosed building or structure on residential property. Ovcrsizcd Vehicles Codc Amcndmcnt Novcmhcr 19, 2003, Planning Commission Staff Rcport File #03-IO2157-00-UI' I'a~~è <) EX}-iib,'- PAG\-:.JO C 'f ~ J-5 Please note that stafT proposes to add a definition of how to measure the length of R Vs and boats. The lengths of the R V s in the pictures shown are the lengths of the R V s themselves, without the hitch. Staffs definition will include the hitch in the measurement. This should result in the length of the RV itself being approximately 22 feet in length, similar to existing code. In addition, height will not be considered. 7. Planning Commission Request They were inter'ested in limiting the number of commercial vehicles and RVs/boats on a lot. Staff Response and Recommendation Please refer to the staff recommendation under Planning Commission Request No.6 above, pertaining to the limiting of recreational vehicles, boats, and trailers on a residential lot. Staff recommends that where commercial vehicles are allowed, they are also limited to one vehicle per lot. 8. Planning Commission Request They requested additional research on where the cutoff weight should be for commercial vehicles versus a vehicle used for private transportation purposes. Staff Response Research of manufacturer's ratings indicated the factory gross vehicle weight rating (GVWR) of the largest personal use pickup or light truck was in the range of 9000-9500 pounds. A recent updating of manufacture's data on weight ratings, length, and capacity for the largest personal use I ight trucks showed GVWR ratings that varied from 9100 pounds to 9900 pounds, when indicated. One maker listed combined weight ratings rather than GVWR. This would be for a fully loaded vehicle plus the weight of whatever was being towed. TRUCK WITH 9,600 LBS GVWR --------,,-----~----'-'-------'- ------- ---------.----..--------- (h CI'I/cd Vchicks ('odc ;\IIlClldIIlCIlI i':1"'Clllhcl I 'i. 200,. PI;lllllill,~ ('Olllllli,'IOII StaIlIZcl'°r( File 1103-IO2457-00-lIP Page 10 E-XH":) 'IT IU --- PAGE_~~' C .)¡:-~ The majority of codcs from neighboring cities used 10,000 pounds as the cut-off for separating commcrcial from personal use light trucks. Tacoma was the only city surveyed with a cut-off greater than 10,000 pounds, permitting vehicles of up to 12,000 pounds GVWR. As discussed under Planning Commission Request #4, the definition of a commercial vehicle in the proposed language (Section 22-1176 of Exhibit A) also includes the truck's primary use in addition to the GVWR to define it as a commercial vehicle. Weight rating alone does not define the vehicle as necessarily commercial. It is possible a truck not used for commercial purposes could be stored on a residential lot and have a GVWR in excess of 10,000. This could be the case with the smaller commercial trucks (often rated to 20,000 GVWR) used to tow the larger travel trailers, or 5th wheel trailers. TRUCK WITH 20,000 LBS GVWR Staff has provided the following pictures in order to assist you in determining whether there should be a maximum GVWR for large vehicles used for private transportation purposes and where the cut of should be for commercial vehicles, such as tow trucks, allowed on any residential lots. ------ Oversized Vehicles Codc Amcndmcnt Novcmher 19, 2003, Planning Colllmission Stair I~cpon File #03-1 02457-00-UP Page II 9,600 Ibs GVWR 16,000 Ibs GVWR 20,000 Ibs GVWR EXt-; U3 f-;- C r:~ I~ (; ~: I 2. ~. '5 9,600 Ibs GVWR --- H ~ >.L;..L...~~~~-=l . '-. " 19,000 Ibs GVWR , 42,000 Ibs GVWR 42.000 Ibs GVWR Oversized Vehicles Code Amendment November 19, 2003, Planning Commission Staff Report File #03-1O2457-0Q-UP Page t2 EXH I BIT C PAGE-.!J ~')~ __1~ Staff Recommendation Staff recommends that the Planning Commission adopt an upper limit GVWR for vehicles used for private transportation purposes. . 9. Planning Commission Request They requested staff to consider an intervening step based on performance standards to allow commercial vehicles before having to apply for a Process III approval. Staff Response and Recommendation Before we can adequately respond to this request, we would like the Planning Commission to act on the previous questions, since adoption of performance standards beyond screening and limiting the number of commercial vehicles on a residential lot may not be necessary. III. ADDITIONAL RECOMMENDATION BY STAFF In researching the regulations of other cities, we found that several cities, including Renton, Sumner, and Burien, regulated the operation of vehicles at night. Renton prohibits a vehicle over 12,000 Ibs GVWR and located within 500 feet of residential buildings from operating any motor, engine, compressor, or other device for more than 10 consecutive minutes or a total of ten minutes, within a two-hour period between the hours of 9 p.m. and 6 a.m. The City of Sumner prohibits a commercial vehicle on a public right-of-way and located within 500 feet of residential dwellings from operating any motor, engine, compressor, or other device for more than 10 minutes in a two-hour period. The City of Burien requires that between the hours of 9:00 p.m. and 6:00 a.m., no person shall park a c~mmercial vehicle upon the public right-of-way within 500 feet of residential dwellings and permit any motor, engine, compressor, or other device to operate for more than 10 consecutive minutes or a total of 10 minutes, within any two-hour period. We recommend adding language to the code amendment for commercial vehicles to address noise associated with commercial vehicles atnight. IV. PLANNING COMMISSION ACTION After further discussion and taking public input: \. Request staff to craft two separate code amendments to address commercial vehicles and RVs/boats based on the direction provided by the Planning Commission, bringing the amendments back to the Planning Commission at a future continuation of this evening's public hearing. Request staff to do additional research as directed by the Planning Commission. 2. EXHIBIT Exhibit A Code Amendment Presented to City Council 1:\DOCUMENlìO\ersizcd Vchiclcs\1 1 1903 StatTReport to Planning Commission.DOC/l1/13/20033: 17 PM Oversized Vehicles Code Amendment November 19,2003, Planning Commission StafT Report File #03-1 02457-00-UP Page 13 EXHIBIT A EXHIBIT C PAGE~ '.1~-I~ FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176 Size and use Parkin2: and stora2:e in residential zones limited. Except as specified in F'NCC 22 1177, it is a violntion of this chapter to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length. (Ord. No. 9013, § 2(115.115(1)), 22790) Except as exempted pursuant to FWCC 22-1178, parking or storage of commercial vehicles is prohibited on residentially zoned lots. Commercial vehicle means. unless exempted by FWCC 22- 1178. any truck over 10,000 Ibs gross vehicle weight rating (GVWR). as defined in the Revised Code of Washington (RCW). the principal use of which is the transportation of commodities. vehicles. merchandise. produce. freight. or animals; or bulldozers, backhoes. cranes. and similar construction equipment. 22-1177 Vehicles and boats permitted. (a) Vehicles, 10.000 Ibs GVWR or less. with or without a mounted camper unit. which are primarily used for private transportation purposes. (b) Vehicles used for commercial purposes but based on standard pick-up. light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 Ibs GVWR. (c) Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the following conditions: (l) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibility from adiacent driveways. (2) Vehicle is maintained in a clean, operable condition. (3) Vehicle parking or storage is accessory to an existing permitted residential use. (d) Recreational/utility vehicles and boats 28 feet in length or longer may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. 22-1178 Commercial Vehicles exempted (a) Vehicles used for agricultural purposes on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. (b) Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. (c) Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development penn it. EXHIBIT C P AGE' ~-,:) ~J5 22 1177 22-1179 Exceptions. (a) I. vehicle of any size may be parked on any lot in the city for not more than 18 hours for the exclusi','e purpose of loading or unloading the vehicle. ~ Except for commercial vehicles, +fie the city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No, 90-43, § 2(115.145(2)),2-27-90; Ord. No. 00-375, § 25,10-3-00) 22 117822-1180 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) 22 117922-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 1 gO-day period. (Ord. No. 90-43, § 2(115.145(3)),2-27-90) 22 118022-1182 - 22-1195 Reserved. 1:IDOCUMEN'IìOversized VehicleslDivision II -- New Code Language.doclll/1312003 3:20 PM EXHIB IT D ~ CITY OF ~ Federal Way EXH1BtT_1> P AGE I:) F -----'..L. STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Chaphr 22, Article XIII Division 11, "Vehicles and Boats" (Oversized Vehicles) Planning Commission Meeting of December 10,2003 I. BACKGROUND The proposed code amendments to Federal Way City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats" (Oversized Vehicles, Exhibit A) were presented to the City Council at their September 2 and 16,2003, public meetings for first and second readings, respectively. During these meetings, there was testimony both in favor and against the amendments from members of the public. At the end of the Council deliberations on September 16,2003, the Council made a motion for staff to research certain questions and take the amendments back to the Planning Commission for additional review and possible revision. Staff researched these questions and provided them to the Planning Commission at an October 29, 2003, public hearing. The Planning Commission continued the public hearing to November 19,2003, with a request for staff to research additional questions. Staff presented this research at the November 19, 2003, continuation of the public hearing, at which time the Plan~ing Commission requested that staff prepare a code amendment, which incorporates the following: I. Prepare separate code sections to govern commercial vehicles and recreational vehicles, trailers, and boats. 2. Define commercial vehicle based on use. 3. Allow commercial vehicles up to 12,000 Ibs gross vehicle weight rating (GVWR) on any lot, regardless of size. 4. Allow commercial vehicles of any size on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. 5. Allow only one commercial vehicle per lot. 6. Make no changes to the regulations governing recreational vehicles, trailers, and boats at this time. Changes may be entertained at a future Planning Commi~sion public hearing that will be publicized to encourage the attendance and input of owners of recreational vehicles, trailers, and boats. EXH.ß¡T_- ']) PAGE_-a. "J;=- " II. PROPOSED CODE AMENDMENT Based on Planning Commission direction (see items 1-6, above), staffhas prepared the proposed code amendments shown in Exhibit B. Proposed changes to the existing code are shown in a strikeout (deletions) and underline (additions) format. Even though the regulations for commercial vehicles have been separated from those governing recreational vehicles, trailers, and boats, they are proposed, to be kept in the same Division 11 to prevent duplication of language, such as the exceptions, which would apply to "oversized" commercial vehicles as well as oversized recreational vehicles, trailers, and boats. III. STAFF RECOMMENDA nON Staff recommends that the Planning Commission forward the code amendments as proposed in Exhibit B, C, and H to the City Council for approval. Exhibit C contains the new definition for "commercial vehicle" and Exhibit H is a code correction that was previously discussed in the July 6, 2003, Planning Commission Staff Report (please refer to following paragraph). FWCC Section 22-330, "Immediate Compliance with Certain Provisions Required" states: "(a) Generally. Regardless of any other provisions of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter; ...(8) Nonconformance with the provisions in FWCC 22-1111 et seq.; regarding parking and storage of large vehicles in residential zones." In reviewing this section, staff realized that this should also have referenced FWCC Section 22-1176 et seq. This omission apparently occurred when the code was codified in 1992. Prior to the codification, the nonconformance section (Chapter 165.25) referred only to "Non- conformance with the provisions in Chapter 115 regarding parking and storage of large vehicles in residential zones" (Exhibit D). However, there were two sections (Chapter 115.105 and 115.145) in Chapter 115 that governed parking and storage of large vehicles in residential zones (Exhibit D). When the code was codified, Chapter 165.25 became Section 22-330, Chapter 115.105 became Section 22-1111, and Chapter 115.145 became Section 22-1176 et al. However, Section 22-330 now only references Section 22-1111 et seq. (Exhibit E). We are, therefore, proposing to add a reference to FWCC Section 22-1176 et seq. in FWCC Section 22-330(8) (refer to Exhibit F). In regards to the above, the City is aware of one home occupation with an associated commercial vehicle in a residentially zoned area. With the passage of these amendments as presently written, this vehicle, which is approximately 20,000 lbs GVWR, could no longer be parked legally on that lot. This lot is 15,480 square feet and is located in a Single-Family Residential (RS 7.2) zone. Oversized V chicles Code Amendment December 10,2003, Planning Commission StafTReport File #03-102457-00-UP Page 2 EXHIBIT__H_') PAGE~:)~ It IV. REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: I. To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528. 3. To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. V. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. There is no specific language in the comprehensive plan that addresses the desire to prohibit commercial vehicles from lots in residentially zoned neighborhoods. However, one of the land use concepts found in the comprehensive plan (page II-I) is the, "Preservation and enhancement of existing residential neighborhoods." The proposed FWCC text amendments are consistent with this concept. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed amendment bears a substantial relationship to public health, safety, and welfare because allowing large commercial vehicles to park or be stored on lots other than those in Suburban Estates and Single-Family Residential (RS 35.0) zones may block sight distance, thus contributing to traffic-related accidents. 3. The proposed amendment is in the best interest of the residents of the City. The proposed FWCC text amendment is in the best interest of the residents of the City because allowing large commercial vehicles on lots other than those in Suburban Estates and Single- Family Residential (RS 35.0) zones my detract from the neighborhood character. VI. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: Oversized Vehicles Code Amendment December 10, 2003, Planning Commission Staff Report File #03-1 02457-00-UP Page 3 EXHiBíT- -1:1 PAGE ...:>~ ., I. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or 4. Forward the proposed FWCC text amendments to City Council without a recommendation. VIII. EXHIBITS Exhibit A Exhibit B FWCC Chapter 22, Article XIII, Division 11, "Vehicles and Boats" as presented to the City Council Proposed amendments to FWCC Chapter 22, Article XIII, Division 11, "Vehicles and Boats" based on Planning Commission direction FWCC Chapter 22, Article 1, Section 22-1, "Definitions" Federal Way Zoning Code adopted upon 1990 incorporation (Chapters 165.25,115.05, &115.145) Federal Way City Code codified in 1992 (FWCC Sections 22-330,22-1111, & 22-1176) FWCC Chapter 22, Section 22-330 (Portion of Existing Zoning Code) with Proposed Amendment Exhibit C Exhibit D Exhibit E Exhibit F I:\DOCUMENlìO\ersized Vehiclcs\121003 StafTReport to Planning Commission. DOC/Last printed 12/3/20033: 14 PM Oversized Vehicles Code Amendment December 10, 2003, Planning Commission Staff Report File #03-1 02457-00-UP Page 4 EXHIBIT A EXHIBiT__u_b PAGE-5 -}f:__~ FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176 Size and use Parkin2: and stora2e in residential zones limited. Except as specified in F\VCC 22 I 177, it is a yiolation of this chapter to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length. (Ord. No. 90 43, § 2(115.145(1)),2 27 90) Except as exempted pursuant to FWCC 22- I 178, parking or storage of commercial vehicles is prohibited on residentially zoned lots. Commercial vehicle means, unless exempted by FWCC 22- I 178, any motorized vehicle or truck over 10,000 Ibs gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW). or any non-motorized trailer or other method of conveyance, the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. 22-1177 Vehicles and boats permitted. (a) Vehicles, 10,000 Ibs GVWR or less, with or without a mounted camper unit, which are primarily used for private transportation purposes. (b) Vehicles used for commercial purposes but based on standard pick-up, light duty trucks, or passenger vehicles that do not exceed a maximum of 10,000 Ibs GVWR. (c) Recreational/utility vehicles and boats less than 28 feet in length, such as travel trailers, folding tent trailers, motor homes, truck campers removed from a truck or pick-up, horse trailers, boat trailers with or without boats, and utility trailers based on the following conditions: (I) Vehicle does not intrude into public rights-of-way, pedestrian pathways, or obstruct sight visibility from adjacent driveways. (2) Vehicle is maintained in a clean, operable condition. (3) Vehicle parking or storage is accessory to an existing permitted residential use. (d) Recreational/utility vehicles and boats 28 feet in length or longer may be stored on any lot in a residential zone when not visible from the public right-of-way and not stored or parked in the driveway. 22-1178 Commercial Vehicles exempted (a) Vehicles used for a~ricultural purposes on any lot in a Single-Family Residential (RS 35.0) or Suburban Estates (SE) zone. (b) Vehicles parked on any lot in a residential zone for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. (c) Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit. EXHIBIT__- )) PAGE-" '~)~ It 22 1177 22-1179 Exceptions. (a) ,II" vehicle of any size may be parked on any lot in the city for not marc than 1 g hours for the exclusive purpose of loading or unloading the vehicle. fB1 The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)),2-27-90; Ord. No. 00-375, § 25, 10-3-00) 22 117822-1180 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts ofthe parking or storage. (Ord. No. 90-43, § 2( 115.145(2)), 2-27-90) 22 117922-1181 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)),2-27-90) 22 1180 22-1182 - 22-1195 Reserved. 1:\1003 Code Amendments\Oversize Vehiclcs\City Collllcil\Exhibit A\Division II .- New Code L~llgllage.doclI2/0112003 5:08 PM EXHIBIT B EXH , B [T_- PAGE_:] ~----- ,a " ,- ------.- FWCC Chapter 22. Article XIII. Division 11. Commercial Vehicles, Recreational Vehicles, and Boats 22 1176 Size and use in residential zones limited-. Except as specified in FWCC 22 1177, it is a violation of this chapter to park or storc any vehicle or boat on any lot in a residential zone if that ','chicle or boat is both more than nine feet in height and more than 22 feet in length. (Ord. No. 9013, § 2(1 15.115(1)), 227 90) 22-1176 Parkin2: and stora2:e of commercial vehicles in residential zones limited. Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows: (a) A maximum of one commercial vehicle based on standard pick-up, light duty trucks, or passenger vehicles that does not exceed a maximum of 12,000 Ibs. gross vehicle weight rating (GVWR as defined in RCW ) may be parked on any residentially zoned l2t (b) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any lot in a Single Family Residential Zone (RS 35.0) or a Suburban Estates Zone (SE); (c) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours for the exclusive purpose of loading or unloading the vehicle; (d) 'Commercial vehicles may be parked on any lot in a residential zone for construction purposes pursuant to a valid development permit; (e) Additional exceptions as outlined in FWCC 22-1179. 22-1177 Parkin2: and stora2:e of recreational vehicles and boats in residential zones limited, Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22 feet in length is prohibited in residentially zoned lots except as allowed by FWCC 22-1179. 22 1177 22-1178 Exceptions. (a) ^ vehicle of any size may be parked on any lot in the city for not more than 18 hours for the exclusive purpose of loading or unloading the vehíG-le-. EÐ1 The city may, using process 1lI, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)),2-27-90; Ord. No. 00-375, § 25,10-3-00) - I - EXH1 I"" IT ....-. lei t,---~ PAGE.~-' '.)~-'-' 22 117822-1179 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) 22 117922-1180 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any I gO-day period. (Ord. No. 90-43, § 2(115.145(3)),2-27-90) 22 118022-1181 - 22-1195 Reserved. 1:\DOCUMENlìOversized Vehicles\I20303 Revision Division II - New Commercial Code Language.doc - 2 - EXHIBIT- PAGE_~ FWCC Chapter 22. Article 1. In General. EXHIBIT C :Þ--- -- ~ . , ,- 88 Section 22-1. Definitions Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class II home occupation means those family child care homes that qualify under FWCC 22- 1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and not pennitted in any other zones of the city. Commercial vehicle means any motorized vehicle or truck, or any non-motorized trailer or other method of conveyance, the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. Commercial ZOfl(!S 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: (l) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. 1:\2003 Codc Amcndlllcnts\Ovcrsizc Vchicks\Planning Coll1ll1ission\Rcl11and VcrsionlDdìnitions.doclI2/0 1/2003 5:23 PM 165.20 1 65.25 EXH!B¡T____~ ~hJBIT 1> 01- b PAGE -10 ,)~:. I t PAGE I OF--!f.- Abatement of Non-Conformance. That Was Illegal When Initiated 1. Gcneral - Except as specified in Paragraph 2 of this Section, any non-conformance that was illegal when initiated must immediately be brought into conformance with this Chapter. The City may, using the provisions of Chapter 175 of this Code or any other applicable law, immediately abate any non-conformance that was illegal when initiated. 2. Exccptions - If a non-conformance has ever been in complete conformance with an applicable zoning code, it may continue to exist subject to tile provisions of tilis Chapter, and it is not subject to abatement under Paragraph 1 of this Section. Immediate Compliance. with Certain Provisions Required 1. General - Regardless of any otiler provision of this Chapter, tile following non-conformances must be immediately brought into conformance with applicable provision of this Code: a. Non-conformance with the Noise Standards in Chapter 115. b. Non-conformance with the Lighting Standards in Chapter 115. c. Non-conformance with tile Heat Emission Standards in Chapter 115. d. Non-conformance. willi the Radiation Standards in Chapter 115. e. Non-conformance with the Air Quality Standards in Chapter 115. f. Non-conformance with the Water Quality Standards in Chapter 115. g. Non-conformance with the Odor Standards in Chapter 115. ¥ h. Non-conformance with the provisions in Chapter 115 regarding Parking and Storage of large vehicles in residential zones. I. Non-conformance with the provIsIons in Chapter 115 regarding junk in residential zones. 1 Ú5 - 2 165.30 165.35 .:XH\B!l ~----- EXhiBiT )- .¡ 'I> tJ AGE. _J! ,- '_'_PAGE__- 2. .~ 'J~-Jt- . j. Non-conformance with the Glare Standards in Chapter 115. k. Non-conformance with the provision in Chapter 95 of this Code regarding portable outdoor signs. 1. Non-conformance with the provision in Chapter 95 of this Code regarding location of signs extending over rights-of- way. 2. Abatement - The City may, using any of the provisions of Chapter 175 of this Code or any other applicable law, immediately abate or seek discontinuance of any non-conformance listed in Paragraph 1 of this Section. Sl2ecial Provision for Damaged Imnrovements If a non-conforming improvement is damaged by sudden accidental cause, that improvement may be reconstructed only if it meets the follO\ving requirements and not otherwise: 1. The cost of reconstructing the damaged improvement docs not exceed 75 percent of the assessed or appraised value, the applicant may provide an appraisal of the improvement which has been damaged. The appraisal must be from a source tilat is acceptable to the City. TIle Community Development Director may require the applicant to provide an appraisal from a source acceptable to the City if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by tile City, tile larger of the two amounts shall be used. 2. The improvement, as reconstructed, is not any more non- conforming than it was immediately prior to the damage. 3. The applicant applies for a building permit to reconstruct the damaged improvement within six months of the date of the damage and reconstructs the improvement pursuant to that bui ld ing perm i 1. Certain Non-Conformance SpecifïC3IJy Regulated 1. General - Paragraphs 2 through 7 of this Section specify when and under what circumstances certain non-conformance must be corrected. If a non-conformance must be corrected under this Section, the applicant must, as part of the application for any development permit, submit all information that the City 165 - 3 115.100 "J; 115.105 EXHIBIT . 'þ EX. .IBrL ..~ E. ,~()r::- ' , -PAGE--'-OF~ P ~C? '5tðte standard Adopted The city of Federal Way adopts by reference the Maximum Environmental Noise Levels established pursuant to the Noise control Act of 1974, RCW Chapter 70.107, as no'W existing or hereafter amended. See WAC Chapter 173-60, as now existing or hereafter amended. b. Watercraft Noise Performance Standards - The city of Federal Way adopts by reference the Watercraft Noise Performance Standards established pursuant to the Noise control Act of 1974, RCW Chapter 70.107, as now existing or hereafter amended. See WAC Chapter 173-70, as now existing or hereafter amended. 2. Bonds The City may require a bond under Chapter 180 of this code to insure compliance with the provisions of this Section. Odor Any odor 'Which injures, endangers the comfort, repose, health or safety of pe~son on abutting p~operties or streets, or in any way renders persons insecure in life or in the use of abutting properties or streets is a violation of this Code. Outdoor Use, Activitv and S~orêce 1. General - This section establishes regulations appl icable to outèoor 'Jse, storage and activity. 2. Residential Uses - Outdoor uses, storage and activities noDilally. associated wi~h a residential use are De!:îJ\itted, unless otherwise regulated or prohibited by this Code. 3. Commercial and Industrial Uses a. General - Subject to the requirements of paragraphs b. through g. of this Section, the uses and activities that are permitted on a site under this Code may be conducted out of doors unless otherwise regulated or prohibited by this Code. 115 - 21 ~115.145 :CXHIBIT~-->-, EXHIBIT l\GE \ ~ " '.. '-- 'vteh'~s and Boats PA~~e ... ~d ~Cusc"'-in- Residential Zones Limited b 0# ). 1. Geller.iÙ - Except as specified in paragraph 2 of this section, it is à violation of this Code to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than 9 feet in height and more than 22 feet in length.. 2. f..xéeptions a. A vehicle of any size may be parked on any lot in the city for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. b. The City may, using Process II, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if- 1) The parking or storage of the vehicle or boat ~ill not be detrimental to the character of the neighborhood¡ 2) The' property abutting the subj ect property will not be impacted by the parking or storage¡ 3 ) The place~ent of the vehicle or boat ~ill not create a potential fire . hazard¡ and 4 ) The parking or storage is clearly accessory to a residential use on the subject propertY and the vehicle or boat is operated by a resident of the subject property. The City way impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse imp'acts of the parking or storage. 3 . Limitation on Use - It is a violation of this Code to sleep in, or use for any other residential purpose, a vehicle or boat parked in a resideritial zone for more than fourteen (14) days in anyone hundred and eighty (180) day period. 115 - 38 . nor mod- . \Jcing the ~amount Hcre-asing >or area of I oy struc- r parking eet in any , required { increase ~hange in nt to the y adverse he project nificantly quirements, l..:XHIß~1_._- . ~-_._---- EXH'B'1.E: ~ PAGE ' ~~ ~H:__l'. p AGE_~ - C>F ~ ~ ZONING § 22.330 section (a) of this section, any development on the subject property must comply with all applicable laws of the city as if the resolution of intent to rezone had not been granted. (Ord. No. 90-43, § 2(130.80), 2-27-90) Sec. 22.307. Same-Map change. Upon completion of the project in full compli- ance with the resolution of intent to rezone and the site plan approved as part of that resolution, the city shall give effect to the rezone by àdopting an ordinance that makes the change to the zone boundary or zone classification on the zoning map that was approved in the resolution of intent to rezone. (Ord. No. 90-43, § 2(130.85), 2-27-90) Sees. 22.308-22.325. Reserved. ARTICLE IV. NONCONFORMANCE* Sec. 22-328. Regulations applicable to non- conforming use. If a use is nonconforming in the zone in which it is located, this chapter does not establish appli- cable dimensional or other regulations. There. fore, to determine what regulations apply, the city will determine the zone that allows the noncon- forming use that is most similar to the zone in which th~ nonconforming use is located and apply the regulations of that zone- (Ord. No. 90-43, § 2(165.15), 2-27-90; Ord. No. 91- 113, § 4(165.15), 12-3-91; Ord. No. 92.135, § 3(165.15), 4-21-92; Ord. No. 92-144, § 3(165.15), 6-16-92) Sec. 22-329. Abatement of nonconformance that was illegal when initiated. (a) Generally. Except as specified in subsection (b) of this section, any nonconformance that was illegal when initiated must immediately be brought into conformance with this article. The city may, using the provisions of article IV of this chapter or any other applicable law, immediately abate any nonconformance that was illegal when initiated. (b) Exceptions. If a nonconformance has ever been in complete conformance with an applicable zoning code it may continue to exist subject to the provisions of this article, and it is not subject to abatement under subsection (a) of this section. (Ord. No. 90-43, § 2(165.20), 2-27-90; Ord. No. 91- 113, § 4(165.20), 12-3-91; Ord. No. 92-135, § 3(165.20), 4-21-92; Ord. No. 92-144, § 3(165.20), 6-16-92) Sec. 22.326. Administration. This article establishes when and under what circumstances nonconforming aspects of a use or development must be brought into conformance with this chapter. The provisions of this article should be used only if there is some aspect of the . uSe or development on the subject property that is not permitted under this chapter. ::.(Oèd. No. 90-43, § 2(165.05), 2-27-90; Ord. No. 91- . ',J18. § 4(165.05), 12-3-91; Ord. No. 92-135, § :,:<~~~(1~5.05). 4-21-92; Ord. No. 92-144, § 3(165.05), #i~ii.6-~~92} ....t. ..".:~ . . . ,.:22-327. When conformance is required. '."'- " an aspect, element, activity or use of or on the ""g~ct property conformed to the applicable - \/ Sec. 22-330. Immediate compliance with cel'- ~g chapter in effect at the time that aspect, 1( tain provisions requil'ed. ~ent, activity or use was constructed or initi- . ~~that aspect, element, activity or use may. (a) Gc'~crall?,- Regardless. of any other prOVl- n~ue and need not be brought into conform- slOn of thIS artIcl.e, the folloWIng .nonconformances '.With thl'S h te 1 -. f 'I .s must be immediately brought Into conformance . . c ap r un ess a prOVISIOn 0 ,,11 " . . ~,requires conformance. with the applicable prOVISIOns of tllls chapter: 8 ,0.90-4.3, § 2(165.10), 2.27-90; Ord. No. 91- (1) Nonconformance with the noise standards "....4(165.10), 12-3-91; Ord. No. 92.-135, § in section 22-956; . .~q~. 4-21-92; Ord- No. 92-144, § 3(165.10), 1$j~ .~*~:. ~enccs-E(fccLive date of the zoning regula. J.~ents. § 22-9; district regulations, § 22-571 .entary district regulations, § 22-946 et seq. ions. J the ap- ¡there- :ant may ferial re- . ~lated re- lpon this ns 22-301 ,on for 8. (2) Nonconformance with the lighting stan- dards in section 22-954.; (3) Nonconformance with the heat emission standards in section 22-951; 1357 ~!E.,.,;'i" ']> 4 EXHI.Bì-C ~- ,~ '0 r= ~ t: .__"EDEHAL WAY CITY C()~ A G::- § 22.330 (IJ) N()ncrJl]f()nn;¡nc(~ with the r;u]iaLion S[;lll- d;¡¡'ds 111 ;:I,ctilJ!l :¿2-~J:J~J, (:)) Ì\'u1Jcunfurmancc with the air qu;¡]ity stan- clarci;.; in section 22-9,17; (6) Ì'\onconformancu \'.-iLh the watur quality stanùi1rds j¡1 section 22-1196 eL seq.; (7) Noncl¡)]formancc with the odor sLll1darcL in section 22-958; ~)8J Nonconformance with the provisions in sec- , tion 22-1111 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in sec. tion 22-952 regarding junk; (10) Nonconformance with the glare standards in section 22-950; (11) Nonconformance with the provision in sec- tion 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in sec- tion 22-1596 regarding location of signs ex- tending over rights-of-way. (b) Abatement. The city may, using any of the provisions of section 22-121 et seq. or any other applicable law, to immediately aLate or seek dis- continuance of any nonconformancc listed in sub- section (a) of this section. (Ord. No. 90.43, § 2(165.25), 2-27.90; Orù. No. 91- 113, § 4(165.25), 12-3.91; Orù. No. 92-135, § 3(165.25),4.21-92; arc!. No. 92-1-11J, § 3(]G5.25), 6.16-92) Cross references-Enforcement of the p,'ovisions rc¡;ardinr; nonconformance with the zoning rq;ulations, § 22-121 d sC'{, maximum environmental nois(' ¡evc<;, § :U.I),)G; lí¡;l1tjn¡: ,(;"" d;,,'ds, § 22.95.1, he<l! fe¡;"hli',", ~ !:Y.'IC¡] , r:ldi:lll"", ,; :):~:lc"I, ,Iir qu:,ji(y, § 22.,).17; odors, ~ 2/..:J,'",; ,',;I[<'r qu:,jity, ~ :J:Y-] 1'1(; '" ,":'1 , p:u-kil1¡; ;md s(O¡;I¡;e of "uld"", ('qui¡""en!, ~ 2:'-1]]] C'; :,c..'q, junk <lnd junky;¡rds, '; :':!'I:',::; ¡:hr,' rl'll,d;¡:i"I";, :', '.'.':I',IJ, portable o,,¡duor siftn.';, " 22J:,:JG ct SC'{.; sigus ,'x- tcndin¡: over ri[(hts.of.way, § 22-1;),IG d ,e'1 Sec. 22-:n 1. Cct-tainllonConfol'lllances specif. ically ¡'cg'ulatc<!-(;cncntlly. (;1) Sections 22.3;-32 through 2/..-:t!7 specify when and under what circumstances certain Ilonc()nfor- 1l1;\I1ces must be corrected. If a n()IH:()nfol'lnance E 2. ¡¡¡Wit })(' ("(¡ITcd"d 1¡IIrk¡- ¡llì :"'dHJ!1, ill(~ app cl1d 11111:;[, ;IS P:lr( rd [I¡I: ;IPi,)IC;t(I(J!) f(¡r any d" \"CJr)pmen[ permit, slllJInit a]J illfrJ1'l11aLíon Lhatth city reasolì;dJly I)(:ed:-; to '(:vil:\',' [he correction, i ;¡dditiulI, (he city will not ícc\ll, a certificate o' zoning compliance or permit occupancy until th~ correction is made. . (]») If section 22-:-',:-',0 applir:s 10 a specific non- conformance, the provisions of this scction do not: apply to that same nonconformance. (Ord. No. 90.43, § 2(165.35(1)), 2-27-90; Ord. No. 91-113, § 4(165.35(1)), 12-3.91; Ora. No. 92,135, § , 3(165.35(1)), 4-21-92; Ord. No. 92-144, §: 3(1G5.35(1)), 6-16.92) Sec. 22-332. Same-Nonconforming usc. Any nonconforming use must be brought into conformance or discontinued if: (1) The applicant is making structural alter- ations or increasing thc gross Door area of ; any structure that houses or supports the '. nonconforming use; (2) Other than as specified in subsection (1) of this section, the ilppJicant is making changes or alterations or doing work, other than normal maintenance, in any 12-month period to any structure that houses or sup- ports the nonconforming use ancl the fair market value of that change, alteration or work exceeds 15 percent of the assessed or aPi)raisec! value of that structure. The ap- plicant may provide an apprais:JI of the im- provement which hils been cbmaged. The appraisal must ue from a source that is ac. cepU1ble to the city. The cull\l11\1nity devel- opmcnt director may require the app1icé1nt Lo providc an apprais:11 from a source ac- ceptable (0 tlte city if the assl'ssed va\ua. tiolJ ;¡ppc;¡rs (" Ji' il1;¡pl'l"J)pl"ìz¡t('. If an ;q). pr;¡is;¡] i,s pJ"(!\.j¡je¡j )¡v t Ii{' :lpplíC;II1( or J'('quìl,,¡j ¡IV (¡II' ("11\',11,,' ];1:::"1" of (he (WO al!1UIIIJl.s sll;tll be used, (:J) The subject property has bel'lJ abandoncd for \)0 or 1!100T ('OI1ScClltive d;¡ys or thc nOll- COI1 fOlïl1 I Ii¡; Wil,jUS ("c;ls/'d (UI" ].s0 or mOIl' COI1SCCULt\.c <I;IY:-;; 01" (,1) The :Ipplicant rcpbccs tllC w;e with a dif- fen~nt use. Thc city may al/o\\' this change in use, i[through process II, the city deter- mines that the proposed ncw use will Lc 1 :Jf¡B .> . I l}, use; (2) The a or aI' norm impf< 12-m whic' appr; ject ~ an aì been a sO\. coml qUlf' frol1' asse pna app\ of t\ (3) The fOf ~ con' c.ca~ (IJ) The tcn ch;l .- :nt of that lLations of !and sur. JJect pro~ 'n will not It increasè' verage et. ~rty. com: r the mid. Ord. No. ual, § 21.28; 11. , ltion that n 22.1093 to the 8¡>- T, section it the foi. J )perty. proposed .cation of improve.. nder see- ithin 400 "' , the pro- icient in- ltial ¡m- ~ modifi- sures to s, all as l.- 31T- -_1?_- 'E \~OF ----ZONING " P. .. Of'; (2) It will not violate any express policy of the city. (3) It meets at least one of the following cri- teria: a. It is necessary to correct an erosion or drainage problem on an undeveloped site. b. It is necessary to create new utility or access corridors. c. Other unusual circumstances exist which make it reasonable to permit land surface modification in advance of the issuance of a development permit, subdivision or short subdivi- sion approval or shoreline substantial development permit. (Ord. No. 90-43, § 2(115.75(4)), 2-27-90; Ord. No. 90-77, § 3(115.75(4)), 12-11-90) Sec. 22.1095. Tree and plant restoration. If, during the land surface modification, any tree required to be retained or planted is damaged or destroyed, the applicant shall plant a tree of the same species at least five inches in diameter, as measured six inches about the top of the root ball if deciduous and at least 17 feet high if coniferous, in the immediate vicinity of the damaged or de. stroyed tree. The city may require the applicant to remove the damaged or destroyed tree. In ad- dition, if the land surface modiíìcation destroys ground cover or shrubbery, the applicant shall hy- droseed the bare soil and plant shrubs at least 24 inches in height in the immediate vicinity of the damaged or destroyed vegetation. (Ord. No. 90-43, § 2(115.75(5)), 2-27-90; Ord. No. 90-77, § 3(115.75(5)),12.11-90) Sees. 22-1096-22-1110. Rcscnlcd. DIVISION 8. OUTDOOil ACTIVITIES AND STallAGE" >{Sec. 22-1111. Application of division. This division establishes regulations applicable to outdoor use, storage and activity. (Ord. No. 90-43, § 2(115.105(1)), 2.27.90) .Cross reference-This nonconformance must be immedi. ately brought into conformance with the applicable provisions of the zoning regulations. § 22.330. EXHH:511 PAGEJ E.") ) F -y- § 22-1113 Sec. 22.1I 12. Residential uses. Outdoor uses, storage and activities normally associated with a residential use are permitted, unless otherwise regulated or prohibited by this chapter. lOrd No. 90.43, § 2(115.105(2)), 2-27-90) Sec. 22-1113. Commercial and industrial uses. (a) Generally. Subject to the requirements of subsections (b) through (g) of this section, the uses and activities that are permitted on a site under this chapter may be conducted out of doors unless otherwise regulated or prohibited by this chapter. (b) Site plan. The applicant shall submit, for approval to the department of community devel- opment, a site plan drawn to scale showing and describing the following items: (1) Locations and dimensions of all structures and fences on the subject property. (2) Locations and dimensions of all parking and driving areas on the subject property. (3) Locations and dimensions of all existing and proposed outdoor use, activity or storage areas on the subject property. (4) Locations and description of all existing landscaping and buITer on the subject prop- erty. (5) The nature of the outdoor use, activity or storage. (G) The intended duration of the outdoor use, activity or storage. (c) Specific USe and development requirements. The city will administratively review and either approve or deny any application for outdoor use, activity and storage based on the following stan- Janis: (1) All outdoor use, activity and storage areas must comply with required buffers for the pn mary use. (2) A minimum six-foot-high solid screening fence or other appropriate screening ap- proved by the director of community devel- 1589 ']> ....t:XHibï-( I \ONING P A,G E ..-4 : I ,'" r"'; i '-, i ..., L d,"; 1 _. """""..~ )1 . ... - ~-. .-' \ <, \ -,"". _. ----' tramc. The one at each ~ along the ,a that must (2) Natural topography of the ground. How- ever, the public works director may require land surface modification to fulfill the in- tent of this division as part of any develop- ment activity on the subject property. (3) Any number of tree trunks and sign or utility poles if the public works director de- termines that adequate visual access is available between these tree trunks or poles. (Ord. No. 90-43, § 2(115.130(3)), 2-27-90) .',: .- .: "'" i Sees. 22.1161-22-1175. Reserved. DIVISION 11. VEHICLES AND BOATS'" Sec. 22.1176. Size and use in residential zones limited. Except as specified in section 22-1177, it is a violation of this chapter to park or store any ve- hicle or boat on any lot in a residential zone if f ' that vehicle or boat is both more than nine feet in i height and more than 22 feet in length. :; (Ord. No. 90-43, § 2(115.145(1», 2-27-90) ~ Sec. 22-1177. Exceptions. ¡ ä (a) A vehicle of any size may be pai-ked on any i lot in the city for not more than 48 hours for the f exclusive purpose of loading or unloading the ve- { hicle. i (b) The city may, using process II, approve a ~ request to park or store a vehicle or boat of any ~ size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the char- acter of the neighborhood; ¡ . I' ( (2) The property abutting the subject property r' will not be impacted by the parking or t storage; ¡' (3) The placement of the vehicle or boat will I not create a potential fire hazard; and ;'~ references-Traffic and vehicles, ch. 15; district f" regulations, § 22-571 et seq.; offstrcct parking- requirements, § ~22-1376 ct seq.; vchicular access casement improvements re- quired, § 22-1496 et seq. (. t E~ )F~1196- (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) Sec. 22-1178. Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other re- strictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) Sec. 22.1179. Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3»), 2-27-90) Sees. 22-1180-22-1195. Reserved. DIVISION 12. WATER QUALITYt Sec. 22-1196. Scope. This division establishes the following water quality standards based on how the water leaves the subject property: (1) Section 22-1197 establishes water quality standards for water that nows directly from the subject property into a stream, a lake or Puget Sound. (2) Section 22-1198 establishes water quality standards ror water that is conveyed into the public stonnwater system directly from the subject property. 1Cross refm'cnces-Streets, sidewalks and certain other public places, ch. 13; utilities, ch. 16; storm and surface water utility, § 16.76 ct seq.; environmental protection, ch. 18; en. vironmental policy, § 18-26 d seq.; mitigation of development impact. § 19.41 d seq.; subdivision improvements. § 20.176 et seq.; surface and stormwater management, ch. 21; drainage program. § 21-26 et seq.; this nonconformance must be imme. diately broug-ht into conformance with the applicable provi. sions of the zoning rcgulations, § 22-330; environmentally sen. sitive areas, § 22-1221 et seq.; regulations rcgarding land surface modification improvements or landscaping around streams or other waterways, § 22.1306 et seq.; zoning regula. tions regarding improvements. § 22-1471 ct seq. 1599 EXHIBIT F EXrl~!:3\ ' 1>. PAGE~-¡ - JI FWCC Chapter 22. Article IV. Nonconformance. 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (1) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Unifonn Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; (7) Nonconformance with the odor standards in FWCC 22-958; (8) Nonconformance with the provisions in FWCC 22-1111 et seq. and FWCC 22-1176 et ~; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regardingjunk; (10) Nonconformance with the glare standards in FWCC 22-950; (11) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconfonnance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of FWCC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of any nonconfonnance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord.No. 91-113, § 4(165.25), 12- 3-91; Ord. No. 92-135, § 3(165.25),4-21-92; Ord. No. 92-144, § 3(165.25),6-16-92; Ord. No. 97-307, § 3, 12-16-97) 1:\2003 Code Amendments\Oversize Vehicles\l'lanning Cornmission\Remand Version\Nonconformance.dodI2/02/2003 9: 18 AM i!,)2002 Code Publishing Co. Page I EXHIBIT E I"" , /' , t-. ), !'-i ' '-"'" ,.. . I ,..' ~ - "'_'."---~.. PAGF I -z.._..__._._..~... EXHIBIT E FWCC Chapter 22. Article XHI. Division I I. Commercial Vehicles, Recreational Vehicles, and Boats 22 1176 Size and use in residential zones limited. Except as specified in F'.VCC 22 1177, it is a violation of this chapter to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in height and more than 22 feet in length. COrd. No. 90 13, § 2(115.115(1», 2 27 90) 22-1176 Parkin!?: and stora!?:e of commercial vehicles in residential zones limited. Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows: (a) A maximum of one commercial vehicle based on standard pick-up, light duty trucks, or passenger vehicles, that does not exceed a maximum of 10,000 Ibs gross vehicle weight rating (GVWR as defined in RCW 46.25.010) may be parked on any residentially zoned lot: (b) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any lot in a Single Family Residential Zone (RS 35.0) or a Suburban Estates Zone (SE); (c) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours for the exclusive purpose of loading or unloading the vehicle; (d) Commercial vehicles may be parked on any lot in a residential zone during construction pursuant to a valid development permit; (e) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length may be parked on any lot if used for private construction purposes; (t) Additional exceptions as outlined in FWCC 22-1179. Except for commercial vehicles used for loading and unloading purposes and commercial vehicles for construction purposes with a valid development pennit, no more than one commercial vehicle is allowed per lot. 22-1177 limited. Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22 feet in length is prohibited in residentially zoned lots except as allowed by FWCC 22-1179. Parkin!?: and stora!?:e of recreational vehicles and boats in residential zones 22 1177 22-1178 Exceptions. (a) ¡\ vehicle of any size may be parked on any lot in the city for not more than 18 hours for the exclusive purpose of loading or unloading the vehicle. f9-) The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: .. I - E:XJ-i ¡ b ;-;- u_-- e- PAG~_~ .~~ 2. (I) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)),2-27-90; Ord. No. 00-375, § 25,10-3-00) 22 1178 22-1179 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2( 115.145(2)), 2-27-90) 22 1179 22-1180 Limitation on use. It is a violation ofthìs chapter to sleep in, or usè for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115. t45(3)), 2-27-90) 22 118022-1181 - 22-1195 Reserved. I:\DOCUMENnOversized Vehicles\LUTC\Exhibit E Division II -- New Commercial Code Language.doe - 2 - EXHIB IT F City of Federal Way PLANNING COMMISSION Regular Meeting ËJ\Frtb t - ~. -' PAGE_J ~ "-"- . """", ¡¡- .J <!!'"'" Octolwr 29. 20m 7:00 p.m. City Hall Council Chambers MLL liNG ìvllj\;ljll.S Coll1missioners present: I lope [IdeI'. Dave Osaki, ¡vlarta Justus Foldi. (jrant Newport, Dini Duclos, and 13ill Drakc. Coll1missionels absent (e:\cused): John Caulfield. Alternate ("nll1ll1issioners present: Lawson Ih<1llSolL ¡Vkrle Pkitá. and Christine Nelson. Alternate (oll1llli"sil)nel'" :!ibent. Ton) ¡vloore (unexcused), Swll present: Senil)r Planner Margaret ClaIk Coele Compliance Ui'1ïccr \Iartin Nordby. Assistant City \ I tl '111-:) . ¡";:~r~~}or::,-el~"el:,"':II:<L/~dll1 il~istrat i.ve Assislan.l.J~JJ~!~i.£~~.. Vice-Chair Elcler c;lIleci the meeting to orcler at 7:00 p.m. ApPROVAL OF MINUTES It \\as IIlh/c to aclopt the July 16,2003. minutes as presented. ALUIE:\CE COi\I;\1E~T ~one AD:VIINISTRATtVE Rf:I'ORT Nonc. COMMISSION BCSINESS Pt HUC HE.\RI\C (her-sized Vehicle Code Amendment Mr '\urdby delivered the staff report. Ikcau"e \11' lötimon) recci\ cd althc September 16,2003. City C\'uncilmeetin!,'-. thc Council made a motion t\ì send the ordinance bill' I-; te) "tall for research on the issues rlli<l!. :!nd tl) S'~llel i\ h:lck te\ ¡hc !'Janning Commis"ion for additil)nal rL'\ ie\\ and possible revi"ion. As part (,::h\" ¡JrOL"C"" "LI:'\'1Icld :IIIIL'ctillg \\i¡h cltilL'li, \\!II) kill ,,-i\l'lì !,~"tllll\'ll\ :I! t!IL'I.and lbe/Transportation «\!llllIi'lL'l'll i ",,",', \!\ "'II!lC'ill1L'c\i!1c"', :i\'c'll'c'('!1~'C'l"!b,'!C:li!<U"""'¡II)thel'I<\llnillgCommissioll \idil!':c'ih\¡l ii:,' ',iii'" ¡l,I:.i:\'III.IL"",'.!~lllil"; :"..:,'I,:c' ¡;";'! ""li""I:t:i:I~,hl\..\othl'!".iurisdiclions !C:--'lIlllk Ce'!!111L:"li,1 \ ",IIIClc:". h(,;¡h. ;'Ild !'L'u'e;lì!I'il \L'lllè'k, \111 Illh III IC,!dCI1lilii /.())e.~. IÎ1is malri:\ was illcluded ill the l'I:\I!llillg (\"l1l11issioll ,)l:IIII':ep',1I.t alld :111 uxbled 111:IU'i\ \\as a\ail;lbk to those attcnding \1\I,I¡,::I!i\I"- \1: ',,):dh.. ie'" iC\\L'd !lli" m:IU!\ :¡Ild .;UiL.d th:n ¡hc !)I"IW"d ~c'IIL'Ldk Cd!" ill \\ith the .."1 .'-c',ic'ill" ;,i:i,\:!!i'ii <:,:1";"""<;::1;:\',""'" ¡i,l, ""':':"",":'! IL"..'il1:I\I\'lhl\,tllcll1:ljor ',! I :[;11"1 ¡ II:,', Ii I Ii' ',! ¡i 'C': .', : I.," \\ 'Lï' \ i Ic' ! I: ". C('illllli""iollcr ¡ )Ikio" c:\¡lIcs:;cd her C\\lleerl) ¡li:lllhi, is:;UL' i~ COI!lillg bllcl-; to thc 1'!a11l1illg Commissioll. It I, likc':1 h','llwil!C',I>:dL ;\lld III \'rdL'!" to l"hurc il dl)l'"II'\ C('il1C h:!ck ;¡:--,I!!il. ,hc :¡-;I-;L'\! ii'thc Coullcil had ,,!1L'c'IIIC II.:edhllc'j., ;¡Ild 1)1 !!htluui\)ns. ()¡her ("('!l\111is"ll)lCh a".rL'L'\ì \\ ill¡ I¡L'!" \Jr. Nordhy n.:plicd that the : l'lilkil d\\'-",!I'lllll\\' "!\c'LîIIC 1!ISlrucli\'II:< tl¡l..'\ \\:\llte.! le' "-I\l' IIHlre.: I\P¡1\'!IUllil\ I() 1llhlic IL'SlimollY. Planning Commission Minutes Page 2 October 29,2003 Public Testimony was opened. EXHI6!-T__- ~ PAGE_2. 1 ;-- _I Marie Scicqua - She has worked with Mr. Nordby since July on this issue and feels it has been a long journey. She supports the amendment. She has an ongoing issue with a neighbor parking a commercial vehicle. She feels the City needs to look out for the needs of the homeowners and feels this amendment will do that. Jean Atwell- She lives in a neighborhood with very narrow streets and it can be dangerous to have commercial vehicles drive them. She commented that without this amendment, there is no way to deal with the person who wakes them with his loud vehicle. She also commented that having to come back to the Planning Commission has made this a long process. John Leskovar - He stated that he found it difficult to find information about this meeting. He commented that he is slowly developing his land and has purchased a backhoe for that.purpose. He fears that he would have to sell his backhoe if this proposal goes through. He asked why should a backhoe be restricted if he has a plan for the use of it and city penn its for the development? He has a good-sized property, so the backhoe is not readily visible to the neighbors. At the very least, he would like to see a grandfather clause to exempt him. Bob Rawlings - He spoke in opposition of the amendment, one reason is because the requested change was not brought forth by a citizen, but by City staff. He is concerned with the size limitation of recreational vehicles. He feels the size limit should not be increased. Mr. Nordby had commented that this amendment would decrease his workload. Mr. Rawlings understood that to mean that part of the reasoning for this code amendment was to decrease the Code Compliance workload. He askcd how one person could be expected to do it all, but relaxing the codes is not the answer. Scott Chase - He spoke in opposition of the amendment, because of the increase in the size of recreational vehicles. He does support the proposal in regards to commercial vehicles. He feels that the common voice is that we do not want oversized vehicles in our neighborhoods. He stated that other cities have screening requirements, such as not intruding into public spaces and limits on the number of vehicles that can be parked overnight. In regards to the backhoe, Federal Way has some lots that are larger and more rural than others. Because of th is, there is the potential for different regulations based on lot size. He commented that a problem with allowing large vehicles using Process III is that there is no requirement for adjacent property owner input. Larger vehicles should be screened and where larger vehicles are allowed on the property, they should be regulated; allowed in rear and sides, but not the front. In summary, he would like a limit to the numbcr of veh icles allowed and no increase to the size of recreational vehicles. By taking into consideration the regulations of other cities and our needs and interest, we can arrive at the best of all worlds. Richard Fiegel- He is opposed to the increase in recreational vehicle size. He feels storage should be allowed on the side and rear yards. He would also like to see a limit on the number of vehicles allowed. He is concerned that allowing even temporary storage of recreational vehicles in driveways will push cars into the street, which could be a safety problem. Lawson Bronson, Alternate Planning Commissioner - He objected to the comment staff made earlier that all who testified where invited to the meeting spoke of in the staff report. He had testified, but was not invited to the meeting. He feels that if reneational vehicles are going to be restricted, the size of the lot should be taken into consideration. He stated that he doesn't think K 11'1""",," ("""""""""1'0'H\\1,,0,,,," S""""", , 10-"1.01 d"d\,," """,cd 11111!ê<KH I IX 1'~1 Planning Commission Minutes Page 3 " October 2~O(J3 staff is aware of the changes in towing vehicles. (fthey were aware, th~? Qohld kilOw tl~he 5 size of vehicles is increasing. A fcw ycars ago, if this code amendment had been considered, it probably would have restricted SUVs bccause of their size. The City needs to keep in mind what changes could occur within the ncxt five to ten years, and draft the amendment with possible changes in mind. This proposal should not bc looked upon as a means of restricting poorly maintained vehicles. Commissioncr Duclos suggested the Commission consider this proposal as two different code amendments, one for commercial vehicles and the other for recreational vehicles. Other Commissioners agreed. She asked what the cost is for a Process III? Staff replied that it would be over $2000. Ms. Clark clarified that Process III does require that adjacent property owners be notified. Commissioner Duclos fclt the cost is excessive to simply seek permission to keep a backhoe. Commission Elder commented that a Process III review is used for many different types of projects. Ms. Clark commented that the staff would like some direction on how to proceed with this code amendment. The Commission would like staff to research an easier, and less expensive, exemption process; consider different requirements for different lot sizes; explain why increase the size for recreational vehicles; consider splitting the amendment into two, one for commercial and the other for recreational vehicles; consider allowing larger commercial vehicles where there is a use for it, room for it, and no complaints from neighbors; consider an intervening step (before Process III) with performance standards to allow larger commercial vehicles; limit to one commercial vehicle, even if they are just pick- ups; justify why 10,000 pounds gross vehicle weight when many of the researched cities use 12,000; and prepare a matrix showing zoning and lot sizes. It was m/slc to continues the public hearing to November 19,2003. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 8:00 p.m. "V'b""",." C""""""""""","\k«"," Su"""",v 10.2'1.01 dudl"" I'"u,,', Iin 1/2001 I IX 1'" EXHIBIT G City of ¡:ederal Way PLANNING COMMISSION Regular Mecting -. " p H S. r,--G EXn.' ! ---- PAGE_l',)~ ) '\o\clllhër 19. 2()()3 -¡IiI) p.l11. City Hall Council Chambers MllllNCi \11t'\ljIIS C()l11ml~si()l¡cr" prc~cnt: I lope Eldcr. Dave ()"a~i, ¡'vlarta Justus loldi. Grant Ncwport. and l3ill Drake. C\\mll1hSiollcrs ;!i)"CI1l (c:\cuscd¡: John Caullicld and Dini Duclos. ¡\ltclll;ltc Commissioncrs present: !",,"'¡!!~I"¡I'" .',1,:( tl!!,lllll,'-..,.I"\)Ii..\J¡C'I¡:lk(\\lllll1is,,i,\ncrs;¡h,'.'lll 1\\11: \'I($)rc (c.\cuscd) and ... k:k '¡",'i!;_, ! n,_11 : "1:!11 prc,cl1l: Scni$r 1'l:lIlllLT \J;¡rgarcl CLlrk. (, Idc C\\lllpliance Officer Martin '-..ordh\. .\SSIS1<1111 (I ,\lt~)~']~_L~,£]rcn Jor~\:.'hcn. al~~~-'2.lini~s.t.rati,--..;-,~~I."'~~L_li~la Piety. Vice-Chair Ilclcl calicd the meeting to order at 7:()() p.m. ApI'ROV.-\L OF M I:'-JUTES It was II/!\/c to aclopt the October 29.2003, minutes as presented. AUDIENCE C()\Ii\lENT '\nl1e. AIHII:\[SI"H..\¡'I\E REPORT \'Is. Clark informcd thl' Colllmission that the statl is beginning to prepare the 200-+ Planning Commission \\ork ['wgralll. Shc ;h~cd ¡¡"the Commissioners had any code amendmcnts they \\oLlldli~c added. ¡fthey do. please elll;lil \)1' call i'dargarct or Kathy \1cClung Th,' '\()r~ prugram \\'ill go to thc City Council, who \\ill prioriti/e thl' itL'nh. C():\-T:\.IIssro:\ BtS[;\;I:SS I'l HUC I[¡:\({I\C - ()u_Tsi/.cd \'chick Codc Alllcndment \11'. ~c)I"cI!)\ deil\";I,',! ¡11,' SI:I!'i I":PUIL ! Ie ~t;lk'd there \\L'I',' 1111\ ('.)JTc'Ctl\':h 1u th,' 1",'ì',)I"l. On page 9 it IL'I;"'l'll\:l.'S J ;Ihie.:~' Ihl' ,,!lUllld 11c dclet,'d. Sl;¡¡ld",'ilkd Ih\1 II) pIÒl'i!1 Ihe 111")Iî11;lll<\!1 in a table format. \1",\\1' .i"" '!>c","'I:! <::ll"ICl.'ill,ilc:s','CIIJIc!:¡IU::C':<lJ' ,I¡'.'l;;';:'-",:,'!..'"",' illcinl\\!'I11;nionis ,1':1,'_,' :1:ljl;c'"i\",::I\"C:cI::,¡I",' '::",::¡,itil...,tlln-sresponsesas ¡lll""':'::'::II!!:':"':¡::"'J" ii'.'.;ISI!Ull'dlh;¡l\>!lP:l:-'-I.,I).'li¡¡!lì),-¡.' ,i','...:,lill\c'lJì(q¡ ho;¡ts, StalTreplied th;11 hu;!h Ilc)uld hc lidded It s1\\liÌd he cu!hidl'rl.'d th;¡l ~c)I\1C pcupk ;11:ll' ¡',\11i a hu;¡t alH.1 al1 RV. /,', J: I ":,; II; ! k!. .", \', :; I Í1 C' :;, \' ,I. Ii c':, c \! ,¡ I ,: ¡): ',I it:\. leI'lie'l!,- !-:"cn !' ,'I ',',',!:'!' :!: IC':,!.' : 1"'_,;',il;!,",'L"c:.<II\;¡!i(iIIlI\\IIIII,'ci!j" ',' . II ',,:':llk;l\l'S ljlJC',II,lihliÌh\Ulj,,',lii,C\Lil:, ;¡ILLlrkl',illlldsCl"Lelllll:-,-.lki"iL"¡:::::",k'¡¡"c'liicksaíc 111l';ISI!red. il \\ ill h: dl)!I,' 'l-.'Ilgth U\LI';¡II.--\I! e;lrli,T sl;ilì'lepurt C(':IIII1,'lllc'd [hilt Ihi~ proposed ;!lll,'lhlll1<':ll\ \\,lld" ¡Il'ii) It)"",'r \íl. ~~~>rdl\\', \$'I-kltl;ll!. Ie 1l','I" tili" h :III :11;¡ppl\\pri;ilC rcasuJ] to ~l'C~ ;IIJd ch;I;):-'-I.' ;Jlld c\'IIII\\l'lIled Ih;11 V$IIIIIICCI'~ c\\ldd liclp wit¡ Ih,-' \\uI11\\;¡t!. Planning Commission Minutes Page 2 EXH' Q ~ T (jaNovember 19,2003 t U i . ---- 1a ~.ç:: I Scoll Chase - He is glad to hear discussion of breaking the ~~E;two-separatè pro,m!"ãls. He feels it is important to regard the vehicle in relation to the property line, regardless if it is commercial or an RV. He believes RVs shouldn't be stored in driveways. He also believes vehicles should not be stored in required yard setbacks. He strongly feels the size of R Y s should not be increased; property sizes are not getting larger. He commented that there is nothing in the current code that size does not include the hitch and since R V s are already measured with the hitch, there is no reason to increase the size to include the hitch. It would look better to have RYs parked perpendicular to the street. He pointed out to the Commission that the vehicle on page 12 that is under 10,000 GYWR is quite tall. In summary, the Commission should consider the number of large vehicles allowed, placement perpendicular to the street, whether the hitch is included, size and weight of the vehicle, screening, lot size, and no parking in setbacks. Richard Keltner - If the City were to do all that has been suggested by the previous speakers, why would anyone move to Federal Way with a boat and travel trailer? If a person's driveway is 24 feet and the vehicle does not overhang the sidewalk or right-of-way, why not allow it? Lawson Bronson, Alternate Planning Commissioner - He is a member of the American Society for Testing and Materials (ASTM) and said he could research if they have a standard for measuring vehicles and would send Mr. Nordby the information. He feels the staff report and what has been said tonight does not address the backhoe issue raised at the last Planning Commission meeting. It is allowed as long as he has a building permit, but since he is doing the work himself, it could take longer then the 12 months allowed by a building permit and it would be very expensive for him to get a new permit every 12 months. He also commented that many who have larger property would not want to have a fence or hedge to screen a large vehicle they park on their property. Commissioner Elder commented that we must be careful not to create excessive legislation. While she agrees commercial vehicles in residential neighborhoods should be regulated, as long as an R V fits in a driveway or garage and is not a safety concern, it should not be regulated. Commissioner Drake commented that the Commission should keep in mind that what is appropriate in one neighborhood is not necessarily appropriate for the whole City. Commissioner Grant discussed the backhoe issue and suggested that an exemption be made to allow such vehicles on larger lots as long as they are not visible. It was moved to adopt the staff recommendation only for commercial vehicles; the motion died for the lack of a second. It was m/s/failed to raise the GVWR to 12,000. The Commission agreed that recreational vehicles should not be regulated. It was moved, but died for the lack of a second, to send the proposed amendments to the City Council with no recommendation. It was moved/seconded to send forward the commercial vehicle portion of the proposed amendments to the City Council with a recommendation to adopt. It was m/s/c to amend the motion to place a limit of only one commercial vehicle allowed. The vote for the motion as amended was three yes, two no. According to the Planning Commission'~ Rules of Procedure, a motion must have a majority of the entire Commission (which is four) to be carried. The motion failed. After further discussion, the Commission decided that 12,000 G VWR was acceptable. They discussed the staff's proposal to allow one commercial vehicle on lots over 15,000 square feet as long as it is screened, which would include the Suburban Estates (SE), Single-Family Residential (RS) 35.0, and RS 15.0 zones. The Commission agreed that screening should not be required. It was m/s/failed to continue the public hearing to December 10, 2003, at the 320th Street library. The Commission agreed that recreational vehicles should be separated from the commercial vehicles and be discussed at a later date (maybe January). They agreed there should only be onc commercial vehiclc per K\Planmng C:omnuSSk>nI2iJOJ\'\kc""g Suounmy 11-19.03 doelLa" 1'..",'«1 12/J/200J 2 3' I'M Planning Commission Minutes Page 3 E*H --Novembcr-1~;"2003-' GE .. .",,- . PA ~....-}\-'--~--_... lot and SE and RS 35 should be exempt. Screening should not be required and parking in the driveway is acceptable. Measuring height can be an issue and it was recommended that the height limit be removed. It was m/5/c to adopt regulations for commercial vehicles with a limit of 12,000 GYWR, one vehicle per lot, can be parked in the driveway, and SE and RS 35 zones be exempt. The Commission feels that ifmore people were aware that regulations for recreational vehicles are being considered, more citizens would attend the meeting. The Commission would like the staff to do more advertising for the meeting when recreational vehicle regulations are discussed. Commission Elder offered to send the newspaper a let1er on this issue when the meeting date is decided. It was m/5/c to continue the public hearing to December 10,2003, at the 320111 Street Library to finalize the commercial vehicle code amendment, which will be written in line with the previous motion. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 9:55 p.m. K 11'1.""",," (",,"""""""\~OO "~k<",," s"""""", 11-1 'J-"; dodi."" I" """d I?/;/'(I(" ~ " 1'" EXHIBIT H City of Fedcral Way PLANNING COMMISSION Special Meeting ~l"r'k¡¡Ob ~_.. M:.- PA,GE~- {~)Ç , .---- December 10, 2003 7:00 p.m. King County Library 320111 Street MEETINCì MINUTES Commissioners present: John Caulfield, Hope Elder, Dave Osaki, Dini Duclos, Grant Newport, and Bill Drake. Comm issioncrs absent (excused): Marta Justus Fold i. Alternate Comm issioners present: Lawson Bronson, Merle Pfeifer, and Tony Moore. Alternate Commissioners absent: Christine Nelson (excused). City ColÌncil Mcmbers present: Mayor Jeanne Burbidge and Deputy Mayor Dean McColgan. Staff present Senior Planner Margaret Clark, Code Compliance Officer Martin Nordby, Assistant City Attorney Karen Jorgensen, and Administrative Assistant E. Tina Piety. Chair Caulfield called the meeting to order at 7:00 p.m. ApPROVAL OF MINUTES It was m/s/c (with one abstain) to adopt the November 19,2003, minutes as presented. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT None. COMMISSION BUSINESS PUBLIC HEARING - Oversized Vehicle Croe Amendment Mr, Nordby delivered the staff repoti. He remarked that these amendments do not apply to recreational vehicles, which will be dealt with at a later date. It was noted that neighborhood covenants supercede the . Federal Wczv City Code. He commented that per RCW 46.25.0 I 0, "Gross Vehicle Weight Rating" (GVWR) means the value specified by the manufacturer as the maximum loaded weight of a single or a combination or articulated vehicle, or the registered gross weight, where this value cannot be determined. The GVWR of a combination or atiiculated vehicle, commonly referred to as the "gross combined weight rating" or GCWR, is the GVWR of the power unit plus the GVWR of the towed unit or units. The meeting was opened to public testimony. E/ben Field - Hc commented that his concern isn't commercial vehicles, but irresponsible drivers. Some people need to be able to bring their commercial vehicle home because they are on-call. John Leskover - He has a backhoe on a SR 15 lot. He uses it for developing his property. He is concerned that under the proposed amendments, his backhoe would be restricted. It is listed as a commercial vehicle in the proposed definition in Exhibit C. He docsn't understand why it would K\I'I,""""0<'""""".","2"";\","'""""""""'-",,,;,,,,, Planning Commission Minutes Page 2 , - __Dec~mber"'+G;-Zf163- b I .fi d . I. I. I . . I. PAGdE..~ ~"'t'~I-S e c ass! Ie commercIa sll1ce le IS on y usll1g It on liS properfy,'an not lor commercIa purposes. He would like to see construction vehicles removed from the proposed definition for commercial vehiclcs. He noted that while the backhoe is not large it is very heavy, and it would not be suitable to park it in his driveway. SIeve Dice - He is concerned with the livability of neighborhoods. He opposes the 12,000 GYWR limit, but would support the 10,000 GVWR. Sue Ellebrechl - She commented that a neighbor has a large commercial panel truck that they often park in their driveway. However, sometimes they park it in the street and that causes safety problems. She has come close to an accident because of maneuvering around the truck. Larger vehicles are a driving hazard. Scott Chase - He commented that at the last meeting staff showed pictures of vehicles and he saw many tow trucks that would fall under a 12,000 GYWR limit. This is unacceptable. He commented that a neighbor said he was unable to sleep due to the activity of a tow truck in their neighborhood. He opposes the 12,000 GYWR limit but would support a 10,000 GYWR limit. Mi/œ Bochantin - He opposes the 12,000 GYWR limit because it would allow tow trucks and they cause too much disruption. Bob Rawlins - He commented that he read the newspaper article on this issue and asked if the Commission had considered the effect these heavy vehicles have on the roads? If vehicles of 12,000 GYWR are allowed, what kind of damage might that do to the roads? Jean Atwell- She supports the 10,000 GYWR limit. She wants commercial vehicles out of neighborhoods. It is difficult to get by large vehicles with the narrow streets found in neighborhoods. Richard Fiegel- He is against the increase in weight. Commercial vehicles and residential areas do not mix. Lawson Bronson, Alternate Planning Commissioner ~ He commented that these amendments deal only with parking commercial vehicles on private property. The police regulate parking on . the street. Marie Sciacqua - She lives next door to someone who brings their tow truck home and it causes numerous problems. She feels the traffic codes need to be changed as well, in order to effectively deal with commercial vehicles being parked in neighborhoods. Alison Wood - She owns a backhoe that she keeps in her backyard. She has not received any complaints from her neighbors. She fears she would have to get rid of her backhoe if these amendments are adopted. She asked what about City vehicles when employees take them home at night? Wally Aikala - He commented that a neighbor parks semi's in their neighborhood and he is concerned that is devaluing the neighborhood. Randy Bean - He supports the 10,000 GYWR limit, but opposes the 12,000 GYWR limit. He commented that he has worked at the Flying J Truck Stop and noted there is a clear transition to commercial at 12,000 GYWR. K ~'Iannm~ ComnmsoonI2003C\1wmg Summ"" 12-10-03 d"elL"" p",,'ed 12;;(I/2()03 7 5<, ,\\1 Planning Commission Minutes Page 3 December 10, 2003 B'T M EXH¡ . ~ ¡ -- . PAGEJ ,;ÒW-J Rich Keltner - He supports the 10,000 GVWR limit. Chair Caulficld rcad into the record six emails from John W. (Bill) and Barbara Ellis, Pat Simmons, Darcn Burgess, Robert Dixson, Eline and Erling Herredsvela, and Delfa J and Terry Quinn, all of which oppose the 12,000 GVWR limit. Public testimony was closed at 7:40. Discussion was held on the backhoe issue. It was suggested that they be grandfathered. It was suggested that since the intent of the amendments seems to be to regulate commercial vehicles that are used commercially, we should allow vehicles that are to be used for improvement of the property. It was suggested that a separate definition for commercial equipment be written. Concern was expressed that if we allow commercial equipment on property for improvement of that property, someone will bring in a large piece of equipment because "some day" they plan to improve the property, and that "some day" may be years in coming. Chair Caulfield commented that he would abstain from voting on this issue because he missed two meetings. It was m/s/c (one abstain, one no, four yes) to amend the proposed amendments to 10,000 GVWR to fit with the residents' needs. It was m/dc (one abstain, five yes) to allow large equipment for personal use as long as it is specific to the property and fits within the current dimensions of not more than nine feet in height and not more than 22 feet in length. It was m/s/c (one abstain, five yes) to recommend adoption of the proposed text amendments as amended. The proposed amendments will now go the City Council's Land/Use Transportation Committee (LUTC) and then to the full Council. We will send notices to Pal1ies of Record of these meetings. The recreational vehicles code amendments will probably be dealt with in the spring. The public hearing was closed. ADDITIONAL BUSINESS None. AUDIENCE COMMENT Scott Chase - He commented that currently in his neighborhood, no one has a backhoe, but he is concerned that with this amendment they could have a backhoe in every driveway. He asked that language concerning screening be included. They should not be allowed to park in front of houses. John Leskovar - He commented that we need to have these changes so that those who "do-it- yourself" can proceed. ADJOURN The meeting was adjourned at 8: 15 p.m. KIl'lanm"g ('om"u;"u"\200JI~kctu," Summary 12-IO-OJd"dl.as> I"""cd 12;;0/2'1>" 7 «, MI EXHIBIT I EXHIBIT I EXHI,BIT_.t PAGE . I ~)i-' FWCC Chapter 22. Article 1. In General. Section 22-1. Definitions . Church, 5ynagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class 1 home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class 11 home occupation means those family child care homes that qualify under FWCC 22- 1069. 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 recreationfacility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and not permitted in any other zones of the city. Commercial vehicle means any motorized vehicle or truck, or any non-motorized trailer or other method of conveyance, the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar vehicles used for construction purposes. 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: (l) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. I:\DOCUMENI\Ovcrsizcd Vchiclcs\LUTC\Exhibil I Definitions.doc EXHIB IT J 165.20 165.25 E:XHIBIT J f)AGE--Ì--c)F ~ Abatement of Non-Conformance. That Was IIle.gal When Initiatè.(f~"-~"'-'-"" - 1. 2. Gcnera] - Except as specified in Paragraph 2 of this Sc.ction, any non-conformance that was illegal when initiated must immediately be brought into conformance with this Chapter. The City may, using the provisions of Chapter 175 of this Code or any other applicable. law, immediately abate any non-conformance that was illegal when initiated. ExceRtions - If a non-conformance. has ever been in complete conformance with an applicable zoning codc, it may continue to exist subject to the provisions of this Chapter, and it is not subjc.ct to abatement under Paragraph 1 of this Section. Immediate ComRJiance with Certain Provisions Required 1. General - Regardless of any other provision of this Chapter, the following non-conformances must be immediately brought into conformance with applicable provision of this Code: a. Non-conformance with the Noise Standards in Chapter 115. b. Non-conformance with the Lighting Standards in Chapter 115. c. Non-conformance with the Heat Emission Standards in Chapter 115. d. Non-conformance with the Radiation Standards in Chapter 115. c. Non-conformance with the Air Quality Standards in Chapter 115. f. Non-conformance with the Water Quality Standards in Chapter 115. g. Non-conformance. with the Odor Standards in Chapter 115. ~ h. Non-conformance. with the provisions in Chapter 115 regarding Parking and Storage of large vehicles in residential zones. l. Non-conformance with the provIsIons in Chaptcr 115 regarding junk in residential zones. 165 - 2 165.30 165.35 EXHIB~T__. J PAGE_a'í~~ J. Non-conformance with the Glare Standards in Chapter 115. k. Non-conformance with the provision in Chapter 95 of this Code regarding portable outdoor signs. 1. Non-conformance with the provision in Chapter 95 of this Code regarding location of signs extending over rights-of- way. 2. Abatement - The City may, using any of the provisions of Chapter 175 of this Code or any other applicable law, immediately abate or seek discontinuance of any non-conformance listed in Paragraph 1 of this Section. Special Provision for Damaged Improvements If a non-conforming improvement is damaged by sudden accidental cause, that improvement may be reconstructed only if it meets the following requirements and not otherwise: 1. The cost of reconstructing the damaged improvement docs not exceed 75 percent of the assessed or appraised value, the applicant may provide an appraisal of the improvement which has been damaged. The appraisal must be from a source that is acceptable to the City. The Community Development Director may require the applicant to provide an appraisal from a source acceptable to the City if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the City the larger of the two amounts shall be used. 2. The improvement, as reconstructed, is not any more non- conforming than it was immediately prior to the damage. 3. The applicant applies for a building permit to reconstruct the damaged improvement within six months of the date of the damage and reconstructs the improvement pursuant to that building permit. Certain Non-Conformance Snecifically Regulated 1. General - Paragraphs 2 through 7 of this Section specify when and under what circumstances certain non-conformance must be corrected. If a non-conformance must be corrected under this Section, the applicant must, as part of the application for any development permit, submit all information that the City 165 - 3 115.100 '¥; 115.105 EXH1B'T_- 1 PAGE-3-JF-*- a. state standard Adopted The city of Federal Way adopts by reference the Maximum Environmental Noise Levels established pursuant to the Noise control Act of 1974, RCW Chapter 70.107, as now existing or hereafter amended. See WAC Chapter 173-60, as now existing or hereafter amended. b. Watercraft Noise Performance Standards - The city of Federal Way adopts by reference the Watercraft Noise Performance Standards established pursuant to the Noise control Act of 1974, RCW Chapter 70.107, as now existing or hereafter amended. See WAC Chapter 173-70, as now existing or hereafter amended. 2. Bonds The city may require a bond under Chapter 180 of this code to insure compliance with the provisions of this Section. Odor Any odor which injures, endangers the comfort, repose, health or safety of per-son on abutting pr-operties or streets, or in any way renders persons insecure in life or in the use of abutting properties or streets is a violation of this Code. Outdoor Use, Activitv and Storêce 1. General - This section establishes regulations appl icable to outdoor use, storage and activity. 2. Res ident ia 1 Uses - Outdoor uses, storage and activities norJilally. associated with a residential use are pe!U\i tted, unless otherwise regulated or prohibited by this Code. . 3. Commercial and Industrial Uses a. General - Subject to the requirements of paragraphs b. through g. of this Section, the uses and activities that are permitted on a site under this Code may be conducted out of doors unless otherwise regulated or prohibited by this Code. 115 - 21 ~115.145 :r <:.~ EXH\B\T- PAGE--M- size and Use 1. Vehicles and Boats Residential Zones Limited General - Except as specified in paragraph 2 of this section, it is ð. violation of this Code to park or store any vehicle or boat on any lot in a residential zone if that vehicle or boat is both ~ore than 9 feet in height and ~ore than 22 feet in length.. ( in 2. Exceptions a. A vehicle of any size may be parked on any lot in the city for not more than 48 hours for the exclusive purpose of loading or unloading the vehicle. b. The City may, using Process II, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if- 1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; 2) The" property abutting the subject property will not be impacted by the parking or storage; 3) The place~ent of the vehicle or boat will not create a potential fire hazard; and 4) The parking or storage is clearly accessory to a residential use on the subjec~ proper~y and the vehicle or boat is operated by a resident of the subject property. The city ¡¡:¡ay i¡¡:¡pose screening requirements, limit the hours of operation a~d impose other restrictions to el iminate adverse impacts of the parking or storage. 3. . Limitation on Use - It is a violation of this Code to sleep in, or use for any other residential purpose, a vehicle or boat parked . in a residential zone for more than fourteen (14) days in anyone hundred and eighty (180) day period. 115 - 38 EXHIBIT K ninor mod. ducing the .he amount increasing oor area of any struc- 11' parking feet in any y required y increase change in nt to the y adverse .he project llificantly -quiremcnts. Sec. 22-326. Administration. This article establishes when and under what circumstances nonconforming aspects of a use or development must be brought into conformance with this chapter. The provisions of this article should be used only if there is some aspect of the uSe or development on the subject property that is not pennitted under this chapter. ..(OÌ-d. No. 90-43, § 2(165_05), 2-27-90; Ord. No. 91- ~lS. § 4(165.05), 12-3-91; Ord. No. 92-135, § :';:.:ß~(1~5.05), 4-21-92; Ord. No. 92-144, § 3(165.05), '.~;~.~6-16-92) ",.;\];.~.: ~~~Sê¿.22-327. When conformance is required. , '.'7. an aspect, element, activity or use of or on the ....~~ct property conformed to the applicable. \ Sec. 22-330. Immediate compliance with CCI" ~g chapter in effect at the time that aspect, '::{( tain provisions required. ~~nt, activity or use was constructed or initi- . .~~~hat aspect, clement, activity or use may. (a) Gc,:crall::- Regardless. of any other prov~. n~ue and need not be brought into conform- SlOn ofthl.s artlcl.e, the followlOg.nonconformances '~th this chapter unless a provision of this must be Imm~dlately br.o~ght mto. conformance ~.requires conformance. with the applIcable prOVISiOns of thIs chapt.er: 8,0.90-4.3, § 2(165.10}, 2-27.90; Ord. No. 91- (1) Nonconformance with the noise standards 1 ,.A(165.10), 12-3-91; Ord. No. 92-135, § in section 22-956' .1.°).4-21-92; Ord. No. 92-144, § 3(165.10), ' 1$¡~ (2) Nonconformance with the lighting stan. ~*~: dards in section 22-954; ::~ences-Errcctive date of the zoning regula. ~ments. § 22-9; district regulations, § 22.571 . ,et,tlary district regulations, § 22.946 ct seq. section (a) of this section, any development on the subject property must comply with all applicable laws of the city as if the resolution of intent to rezone had not been granted. (Ord. No. 90-43, § 2(130.80), 2-27-90) Sec. 22-307. Same-Map change. Upon completion of the project in full compli- ance with the resolution of intent to rezone and the site plan approved as part of that resolution, the city shall give effect to the rezone by å.dopting an ordinance that makes the change to the zone boundary or zone classification on the zoning map that was approved in the resolution of intent to rezone. (Ord. No. 90-43, § 2(130.85), 2-27-90) Sees. 22-308-22-325. Reserved. ARTICLE IV. NONCONFORMANCE* ions. to the ap- of the re- :ant may .terial re-' ~lated re- Ipon this ns 22-301 jon for a EXHIBIT ~ - PAGE---LOF ~- ZONING § 22.33() Sec. 22-328. Regulations applicable to non. conforming use. If a use is nonconforming in the zone in which it. is located, this chapter does not establish appli- cable dimensional or other regulations. There. fore, to determine what regulations apply, the city will determine the zone that allows the noncon. forming use that is most similar to the zone in which the nonconforming use is located and apply the regulations of that zone. (Ord. No. 90-43, § 2(165.15), 2-27-90; Ord. No. 91- 113, § 4(165.15), 12-3-91; Ord. No. 92-135, § 3(165.15), 4-21-92; Ord. No. 92-144, § 3(l65.15}, 6.16-92) Sec. 22-329. Abatement of nonconformance that was illegal when initiated. (a) Generally. Except as specified in subsection (b) of this section, any nonconformance that was illegal when initiated must immediately be brought into conformance with this article. The city may, using the provisions of article IV of this chapter or any other applicable law, immediately abate any nonconformance that was illegal when initiated. (b) Exceptions. If a nonconformance. has ever been in complete conformance with an applicable zoning code it may continue to exist subject to the provisions of this article, and it is not subject to abatement under subsection (a) of this section. (Ord. No. 90-43, § 2(165.20), 2.27-90; Ord. No. 91. 113, § 4(165.20), 12-3-91; Ora. No. 92.135, § 3(165.20), 4-21-92; Ord. No. 92-144, § 3(165.20), 6-16-92} (3) Nonconformance with the heat emission sumdards in section 22-951; l<¡K'7 XH' r-, ì-r E . \ f-~~' ; U' . -- FEDERAL WAY CITY cof5 AGE J ,~-~- -.~ u .';'- ~ § 22.330 (4) Nonconformance with the radiation stan- dards in section 22-959; (5) Nonconformance with the air qu<.1lity stan' dards in section 22-947; (6) Nonconformance with the water quality standards in section 22-1196 ct seq.; (7) Nonconformance with the odor standards in section 22-958; .~(8) Nonconformance with the provisions in sec- , tion 22-1111 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in sec- tion 22-952 regarding junk; (10) Nonconformance with the glare standards in section 22-950; (11) Nonconformance with the provision in sec- tion 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in sec- tion 22-1596 regarding location of signs ex- tending over rights-of-way. (b) Abatement. The city may, using any of the provisions of section 22-121 et seq. or any other applicable law, to immediately abate or seek dis- continuance of any nonconformance listed in sub- section (a) of this section. . (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91- 113, § 4(165.25), 12-3-91; Ora. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92) Cross references-Enforcement of the provisions regarding nonconformancc with thc zoning reb'Ulabons. § 22.121 ct scq.; maximum environmcntaJ noise lcvcJs, § 22.9~G; lighting st:m. <lards, § 22-954; heat regubtíon, § 22.9;)], r;¡òi,"1tion, ~ 22.95~), ;1Ír qu;¡Jity. § 22.947; odors, § 22-958; water quality, § 2211 9G c-l seq.; parking and storage of outdoor equipment, § 22-111 ] d seq: junk and junky;¡rds, ~ 22.9:'>2; glare regubtil)ns, § '/2.950; portablc outdoor signs. § 22-1~9G et see¡; signs ex- tending over rights-or-way. § 22-159G et sec¡. Sec. 22-331. Certain nonconformances specif- ically rcgulatcd~Gcncrally. (a! Sections 22-332 through 22-337 specify when ;lI1d under what circumstances certain nonconfor- mancos must be corrected. If a nonconformance must be corrected uJ~der this :ccl.ion, the app' cant must, as part 0/ the app}¡catJon for any d' velopment permit, submit a11 information that th city reasonably nceds to review the correction. i addition, the city wiJJ not issuc a certificate o' zoning compliance or permit occupancy until thé correction is made. . (h) If section 22-330 applies to a specific non- conformance, the provisions of this section do not' app ly to that samc nonconformance. (Orcl. No. 90-43, § 2(165.35(1)), 2-27-90; Ord. No. 91-113, § 4(165.35(1)), 12-3-91; Ord. No. 92-135, §. 3(165.35(1)), 4-21-92; Ord. No. 92-144, §. 3(165.35(1)), 6-16-92) Sec. 22-332. Same-Nonconforming use. Any nonconforming use must be brought into conformance or discontinued if: (1) The applicant is making structural alter- ations or increasing the gross Ooor area of . any structure that houses or supports the '. nonconforming use; . (2) Other than as specified in subsection (1) of this section, the applicant is making changes or alterations or doing work, other than normal maintenance, in any 12-month period to any structure that houses or sup- ports the nonconforming use and the fair market value of that change, alteration or work exceeds 15 percent of the assessed or appraised value of that structure. The ap- plicant may provide an appraisal of the im- provement which has been damaged. The appraisal must be from a source that is ac- ceptab1e to the city. The community devel- opment director may require the applicant to provide an appraisal from a source ac- ceptable to the city if the assessed valua- tion appe,l1's to be inappropriate. If an ap- prais;l] is provided by the ;¡pp]ic<lnt or' required by the city, the 1:\11;('1" of the two amounts shall be used; (3) The subject property has been abandoned for 90 or more consecutive days or the non. conforming use has ceased for 180 or more consecutive days; or use; " (2) The: or al norD impr 12-rr whic appJ ject ana beel a so com qUlI Iron aSS( pn, app of\. (3) 'fh( for cor, cea (1) Th. ter ch; (-1) The applicant replaces the use with a dif- ferent use. The city may allow tbis change in lise, if through process II, the city deter- mines that the proposed new use will be 1358 ~nt of that ltations of I land SUr. bject pro~ )0 will not )t increase' lVerage el. erty, com: f the mid. ; Ord. No. ual, § 21.28; aI. ~\ ation that In 22.1093 to the ap- I, section lit the fòl. operty. proposed lCation of improve.. ndçr sec. ithin 400 I the pro. " -;> n phase:>" '. icient in- 1tial im- ~ I1wdifi, sures to s, all as (2) It will not violate any express policy of the city. (3) It meets at least one or the following cri, teria: a. It is necessary to correct an erosion or drainage problem on an undeveloped site. b. It is necessary to create new utility or access corridors. c. Other unusual circumstances exist which make it reasonable to permit land surface modification in advance of the issuance of a development permit, subdivision or short subdivi- sion approval or shoreline substantial development permit. (Ord. No. 90-43, § 2(115.75(4)), 2-27-90; Ord. No. 90-77, § 3(115.75(4)), 12.11.90) J. Sec. 22-1095. Tree and plant restoration. If, during the land surface modification, any tree required to be retained or planted is damaged or destroyed, the applicant shall plant a tree of the same species at least five inches in diameter, as measured six inches about the top of the root ball if deciduous and at least 17 feet high if coniferous, in the immediate vicinity of the damaged or de- stroyed tree. The city may require the applicant to remove the damaged or destroyed tree. In ad, dition, if the land surface modification destroys ground cover or shrubbery, the applicant shall hy' droseed the bare soil and plant shrubs at least 24 inches in height in the immediate vicinity of the damaged or destroyed vegetation. (Ord. No. 90-43, § 2(115.75(5)), 2-27-90; Ord. No. 90-77, ~ 3(115.75(5)), 12-11-90) '. Sees. 22-109G-22-1110. Reserved. DIVISION 8. OUTDOOR ACTIVITIES AND STORAGE'" ">{Sec. 22-1111. Application of division. This division establishes regulations applicable to outdoor use, storage and activity. (Ord. No. 90-43, § 2(115.105(1)), 2-27-90) .Cross reference-This nonconformance must be immedi- ately brought into conformance with the applicable provisions of the zoning regulations, § 22.330. EXH\B\T- ~ PAr:'.E _! ~,r=~ Sec. 22.1112. Residential uses. ZONING !i 22-1113 Outdoor uses, storage and activities normally associated with a residential use are permitted, unless otherwise regulated or prohibited by this chapter. (Ord. No. 90-43, § 2(115.105(2)), 2-27-90) Sec. 22.1113. Commercial and industrial uses. (a) Generally. Subject to the requirements of subsections (b) through (g) of this section, the uses and activities that are permitted on a site under this chapter may be conducted out of doors unless otherwise regulated or prohibited by this chapter. (b) Site plan. The applicant shall submit, for approval to the department of community devel. opment, a site plan drawn to scale showing and describing the following items: (1) Locations and dimensions of all structures and fences on the subject property. (2) Locations and dimensions of all parking and driving areas on the subject property. (3) Locations and dimensions of all existing and proposed outdoor use, activity or storage areas on the subject property. (4) Locations and description of all existing landscaping and buffer on the subject prop- erty. (5) The nature of the outdoor use, activity or storage. (6) The intended duration of the outdoor use, activity or storage. (c) Specific use and development requirements. The city will administratively review and either approve or deny any application for outdoor use, activity and storage based on the following stan- dards: (1) All outdoor use, activity and storage areas must comply with required buffers for the pn mary usc. (2) A minimum six-foot-high solid screening fence or other appropriate screening ap- proved by the director of community devel- 1589 traffic. The one at each d along the a that must (2) Natural topography of the ground. How- ever, the public works director may require land surface modification to fulml the in- tent of this division as part of any develop- ment activity on the subject property. (3) Any number of tree trunks and sign or utility poles if the public works director de- termines that adequate visual access is available between these tree trunks or poles. (Ord. No. 90-43, § 2(115.130(3)), 2-27-90) .'., - .' ";. i Sees. 22-1161-22-1175. Reserved. DIVISION 11. VEHICLES AND BOATS* Size and use in residential zones limited. , Except as specified in section 22-1177, it is a violation of this chapter to park or store any ve- hicle or boat on any lot in a residential zone if that vehicle or boat is both more than nine feet in : height and more than 22 feet in length. :; (Ord. No. 90-43, § 2(115.145(1)), 2-27-90) , t ~ t Sec. 22-1177. Exceptions. f Á (a) A vehicle of any size may be parked on any ~ lot in the city for not more than 48 hours for the { exclusive purpose of loading or unloading the ve- ¡ hicle. ¡ , (b) The city may, using process II, approve a ~ request to park or store a vehicle or boat of any ~ size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the char- acter of the neighborhood; í f E ~ (2) The property abutting the subject property t: will not be impacted by the parking or i storage; I; (3) The placement of the vehicle or boat will '. ' not create a potential fire hazard; and ':.' ~ references-Traffic and vehicles, ch. 15; district .' regulations, § 22-571 et seq.; offstreet parking requirements, § :~'22-1376 et seq.; vehicular access easement improvements re- quired, § 22-1496 et seq. ZONING tC' EXHIB'T- P AGE _J.t- '.) ~Lf § ,22.1196 (4) The parking or storage is clearly accessory to a residential use on the subject properLy and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) Sec. 22.1178. Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other re- strictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, § 2(115.145(2)), 2-27-90) Sec. 22-1179. Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, § 2(115.145(3)), 2-27-90) Sees. 22-1180-22-1195. Reserved. DIVISION 12. WATER QUALITYt Sec. 22-1196. Scope. This division establishes the following water quality standards based on how the water leaves the subject property: (1) Section 22-1197 establishes water quality standards for water that flows directly from the subject property into a stream, a lake or Puget Sound. (2) Section 22-1198 establishes water quality standards for water that is conveyed into the public stormwater system directly from the subject property. - tCross references-Streets, sidewalks and certain other public places, ch. 13; utilities, ch. 16; storm and surface water utility, § 16-76 et seq.; environmental protection, ch. 18; en. vironmental policy, § 18-26 et seq.; mitigation of development impact. § 19.41 et seq.; subdivision improvements, § 20.176 ct seq.; surface and stormwater management, ch. 21; drainage program, § 21-26 et seq.; this nonconformance must be imme. diately brought into conformance with the applicable provi- sions of the zoning regulations. § 22-330; environmentally sen. sitive areas, § 22-1221 et seq.; regulations regarding land surface modification improvements or landscaping around streams or other waterways. § 22.1306 et seq.; zoning regula- tions regarding improvements, § 22-1471 et seq. 1599 EXHIB IT L EXHIBIT L EXHIBIT_. L PAGE \ ~)I= I '- FWCC Chapter 22. Article IV. Nonconformance. 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the following nonconfonnances must be immediately brought into confonnance with the applicable provisions of this chapter: (1) Nonconfonnance with the noise standards in FWCC 22-956; (2) Nonconfonnance with the lighting standards in FWCC 22-954; (3) Nonconfonnance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconfonnance with the standards in the Unifonn Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconfonnance poses a threat to life or safety, as detennined by the director in consultation with the appropriate fire safety officials; (7) Nonconfonnance with the odor standards in FWCC 22-958; (8) Nonconfonnance with the provisions in FWCC 22-1111 et seq. and FWCC 22- I 176 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regarding junk; (10) Nonconfonnance with the glare standards in FWCC 22-950; (11) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconfonnance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of FWCC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of any nonconfonnance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91-113, § 4(165.25), 12- 3-91; Ord. No. 92-135, § 3(165.25), 4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) 1:\DOCUMENlìOversized Vehicles\LUTC\Exhibil L Nonconformance.doc <1.)2002 Code Publishing Co. Page I EXHIB IT M T m . EXHIBI --' PAGE- -' ~lF~ October 23, 2003 John Caufield Chairman, Planning Commission City of Federal Way Dear Mr. Caufield, I am writing to express my opinion concerning the future of the Oversized Vehicle Ordinance which I understand is being reviewed and updated. Unfortunately, I won't be in town when the next public hearing takes place. I am currently a member of the Marine Hills Architectural Control Committee. The Committee represents the interest of more than 500 residents of Federal Way. While I don't have a mandate from our community, I feel that my experience with negotiating dispute settlements has given me a pretty good insight into the general feelings of the majority of the residents of Marine Hills. I feel that the best course of action for the Planning Commission is to take whatever steps are necessary to increase the restrictions on the parking of oversized commercial or private vehicles on streets or in driveways in residential neighborhoods. Additionally, I feel that it should be a violation of the Ordinance to park (for an extended period) any trailer on the street, in the driveway, or beyond the front line of a home. A fence should also conceal vehicles parked alongside a home. Parking vehicles in front of homes causes an immediate eyesore, diminishes the overall appearance of the neighborhood and has the effect of reducing property values for all those who strive to maintain attractive homes and yards. The members of the Marine Hills Architectural Control Committee attempt to enforce the many covenants which cover the numerous plats within our neighborhood. However, a strong ordinance of this type combined with responsive enforcement would be invaluable to us as we work to maintain the pristine appearance our neighborhood. Thank you for any consideration you can give this request. Sincerely, Richard D. Bunn 28941 1ih Ave. S. Federal Way, WA 98003 (253) 941-0416 Page 1 of 1 Tina Piety - Planning commission mtg. 12/10/03 From: To: Date: Subject: <BarbAEllis@aol.com> <tina. piety@ci.federal-way.wa.us> 12/8/200311:14 PM Planning commission mtg. 12/10/03 EXHIBIT_~- PAGE~- ~ t= a --.------ ------------------ - -- --'-'--------'--------- - Hi. Your name and email address was given to me by Scott Chase. We live in the West Campus area and Scott has informed us of a meeting at the library on wednesday evening, December 10 to discuss the weight limits of vehicles allowed in neighborhoods. we will be unable to attend this meeting to to a prior committment made a month ago. We would like to voice our opinion on this matter. Is that possible to do by email? If so, we oppose the proposed 12,OOOlb weight limit, but would support a 10,OOOlb limit. Please let us know if this email will count towards this meeting. Thank you, John W. (Bill) and Barbara Ellis 244 SW 330th Street Federal Way, WA 98023 phone 925-5865 file:! /C:\Documents%20and%20Settings\tinap\Local%20Settings\ T emp\G W} 0000 1.HTM 12/912003 Page 1 of 1 Tina Piety - oppose the 12,000 lb. limit From: To: .Pat Simmons. <mpsimmons51@hotmail.com> <Ti na. Piety@cityoffederalw a y . com > 12/10/20037:39 AM EXHIBIT_- M . P AGE j. ~) ç--'-- Date: Subject: oppose the 12.000 lb. limit Dear Ms. Tina Petty, I live in the West Campus 2 division. I oppose the 12,000 lb. truck limit and support the 10,000 lb. limit on commercial vehicles in our neighborhoods. Larger commercial vehicles do not belong in our neighborhoods. They devalue our neighborhoods. Sincerely, Pat Simons 32803 2nd Ave SW Federal Way, WA 98023 253-874-8617 file:/ /C:\Docurnents%20and%20Settings\tinap\Local%20Settings\ T emp\G W} 0000 I.HTM 12/1 0/2003 Page 1 of 1 Tina Piety - Planning Commision From: To: Date: . Subject: "Daren" <wdburgess@worldnetatt.net> <Tina. Piety@cityoffederalway.com> 12/10/20037:50 AM Planning Commision EXH I B' T - rft_-.-- ,. -..,- I PAGE~ ~;- .-------- --------- . ---.---.-..--------- - -----.----------------.- ---- I received an email indicating that the Federal Way Planning Commission was going to vote tonight to raise the size limit on vehicles in residential areas. I am opposed to this change as it will allow residential areas to become parking lots for businesses. Increased traffic and the possibility of late night traffic are not the kind of developments we need for the property values and quality of life. Please recommend a NO vote on this proposed change. Thank you. file:/ /C:\Documents%20and%20Settings\tinap\Local%20Settings\ T emp\G W} 0000 I.HTM 12/10/2003 From: To: Date: Subject: "Bob Dixson" <bobdixson46@msn.com> . <Tina. Piety@cityoffederalway.com> 12/10/20039:23:38 AM Truck GW Limits in West Campus Div 2 EXHIBIT_- fA PAGE_5 ')t=-8 As a resident of West Campus Division 2 (326 SW 327th Place), I OPPOSE increasing gross weight limits for vehicles parked in the division to 12,000 Ibs. I will continue to support the 10,000 Ib gross weight limit. Robert Dixson Wonder if the latest virus has gotten to your computer? Find out. Run the FREE McAfee online computer scan! http://clinic.mcafee.com/clinic/ibuy/campaign. asp ?cid=3963 From: To: Date: Subject: Eline Herredsvela <Herredsvelas@webtv.net> EXH ¡ B ¡-['"" ~ <Tina. Piety@cityoffederalway.com> ~~~~~~~3c~%O~~~~i~~ehicles in our Neighborhood.... P A G E .-«-' ~.: ~ -8-_-- We are concerned about the 12,000 lb. GWVR being proposed and are very definitely opposed to this change. We are unable to attend the meeting tonight, but wish to express our opposition via this e-mail. Thank you for your consideration and help in this matter. Eline and Erling Herredsvela Campus Woods, Div. 2 Page 1 of 1 Tina Piety - weight limit. From: To: Date: Subject: CC: "Delfa Quinn" <dquinn@psfl.com> <Tina. Piety@cityoffederalway.com> 12/10/2003 12:18 PM weight limit "Rawlings Robert (E-mail)" <robertJawlings@apl.com>, "Rawlings Robert (E-mail 2)" <ro bertra wi ings@comcastnet> EXHIBIT_- ~ PAGE__-1 'î;:~1 -..--. Tina, We oppose the proposed 12,000lb weight limit, but would support a 10.000lb limit. WE do not want commercial vehicles parked or operating businesses in our neighborhood. Please add our names to the opposition of the proposal. Delfa J Quinn - homeo\\:11er \VCD2 Vice-President 32621 6th Avc SW Federal Way. WA 98023 Terry Quinn - homcov.mcr 32621 6th Ave SW Federal Way, WA 98023 Cc; Robert Rawlings -- President WCD2 HOA. file:/ /C:\Documents%20and%20Settings\tinap\Local%20Settings\ T emp\G W} 00001. HTM 12/10/2003 From: To: Date: Subject: Mike & Sherry McNulty <mikesherry@foxinternetriet> <Tina. Piety@cityoffederalway.com> 12/16/20034:48:59 PM proposed 12,OOOIb Commercial Gross Vehicle Weight Rating (GVWR) Hi Tina, We are adamantly opposed to the proposed 12,00Olb weight limit, but would support a 10,0001b limit Thank you. Mike & Sherry McNulty 32706 5th Ave SW Federal Way WA 98023 Exw.!r'~ 'T , ¡ICd PA.GE ___I 1'1 ~-I ----