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Planning Comm PKT 07-16-2003 City of Federal Way PLANNING COMMISSION July 16, 2003 7:00 p.m. City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS . PUBLIC HEARINGS Oversized Vehicle Code Amendment Changes to Neighborhood Business Use Zone Charts 7. ADDITIONAL BUSINESS 8. AUDIENCE COMMENT 9. ADJOURN Commissioners John Caulfield, Chair Dini Duclos William Drake Grant Newport Tony Moore (Alternate #2) Lawson Bronson (Alternate #4) Hope Elder, Vice-Chair Dave Osaki Marta Justus Foldi Christine Nelson (Alternate #1) Merle Pfeifer (Alternate #3) City Staff Kathy McClung, CDS Director Margaret Clark, Senior Planner E. Tina Piety, Administrative Assistant 253-661-4105 www.citvoffederalwav.com KIPlanning Commission\2003\Agenda 07-16-03.docILast printed 7/9/2003 7:37 AM City of Federal Way PLANNING COMMISSION Regular Meeting June 18,2003 7:00 p.m. City Hall Collnc.il Chambers MEETING MINUTES Commissioners present: John Caulfield, Hope Elder, Dave Osaki, Grant Newport, and Dini Duclos. Commissioners absent (excused): Marta Justus Foldi and Bill Drake. Alternate Commissioners present: Lawson Bronson and Tony Moore. Alternate Commissioners absent: Merle Pfeifer (excused) and Christine Nelson (unexcused). 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 Ms. Piety read the corrections/changes made to the minutes of March 19,2003, and it was m/s/c to adopt the March 19,2003, minutes as corrected. It was m/s/c to adopt the May 21,2003, minutes as presented. AUDIENCE COMMENT None. ADMINISTRATIVE REpORT Ms. Clark asked if there would be a quorum for July 2? Two public hearings are currently scheduled for that date. After discussion, it was decided that a quorum is unlikely and that the July 2, 2003, Public Hearings should be canceled and rescheduled. Since Ms. Clark will be on vacation July 16, she will ask Community Development Services Director if the public hearings should be held July 16 or August 6. COMMISSION BUSINESS WORKSHOP - Oversized Vehicle Code Amendment Mr. Nordby delivered the staff report. This code amendment is proposed because the current code language is not effective. This code amendment affects the storage of commercial trucks/vehicles on residential lots. It does not deal with vehicles parked on the street right-of-way because the police regulate that use. The proposed code amendment would prohibit commercial vehicles and heavy equipment from being stored on residential property. In addition, it would retain those sections of the code that allow for expected and normal vehicle storage and uses in residential areas. K:\Planning Commission\2003\Meeting Summary 06-18-03.doc Planning Commission Minutes Page 2 June 18, 2003 The current FWCC states that a vehicle or boat may not be parked or stored on a residential zone lot if it is both more than nine feet in height and more than 22 feet in length. Because the vehicle must meet both criteria, Mr. Nordby has some eight compliance cases that he cannot close because they involve vehicles that are either more that nine feet in height, but less than 22 feet in length, or are less than nine feet in height, but more than 22 feet in length. He showed slides of some of the vehicles that included dump trucks, tractor-trailer trucks, and construction equipment. During his research, Mr. Nordby found that most cities use a code that regulates based on the weight or use of a vehicle. Federal Way regulates based on the height and length of a vehicle. In light of this, the code amendment includes a definition for commercial vehicle (the Federal Way City Code [FWCC] does not currently have a definition) that is based on the gross vehicle weight rating (GVWR). Mr. Nordby commented that the current code allows storage of vehicles if they are approved through Use Process III. The Director of Community Development Services makes the decision and a notice is given to neighbors. Commissioner Elder expressed her concern over regulating the use of private property. If the vehicle is parked in a driveway and is not a danger to the neighbors, why should it be a concern? Who is it hurting? Mr. Nordby commented that the large vehicles make a loud noise and can be difficult to maneuver in smaller residential streets. In addition, Mr. Nordby has received complaints about tow-trucks that bring work home, which violates the City's home business regulations. Chairman Caulfield asked for a brief overview of the code compliance program. Mr. Nordby replied that the City has two Code Compliance Officers, Betty Cruz and himself. Betty handles sign enforcement and some business licensing. Mr. Nordby handles the rest. Last year, he had some 404 cases, of which some 380 were investigated. Because there are only two code compliance officers, for the most part, the City only investigates those problems for which they have received a complaint. For vehicles, citizens are mainly concerned with commercial vehicles in residential areas. The homeowners association usually deals with boats and recreational vehicle complaints, or the neighbors work it out among themselves. Concern was expressed about on-call tow-truck operators. The Commission would like them to be able to bring their truck home in the evening, but only if they do not have a vehicle in-tow. Mr. Nordby replied that he could craft the code amendment to allow smaller tow-trucks. Mr. Nordby commented that the table on page 3 of the staff report shows what the current code permits and what would change under the proposed code. The Commission would like to hear from those who are affected by this issue, such as recreational vehicle owners, neighbors, and those who have filed complaints. They would also like more information about the number and type of complaints the City has received. WORKSHOP - Robert's Rules of Order Ms. Piety delivered this presentation. She commented that the information given came from three sources: Toastmasters International's "Parliamentary Procedure in Action" program; Workshop on Parliamentary Procedure from the Washington State Association of Parliamentarians; and Robert's Rules of Order Newly Revised, 10th Edition. Ms. Piety explained some basic principles of parliamentary procedures, basic definitions, and the order of precedence for authority. For the Planning Commission, the order of precedence for authority starts with the Federal Way City Code, then the "City Council Rules of Procedure," "Planning Commission Rules of Procedure," Robert's Rules of Order Newly Revised, 10th K:\Planning Commission\2003\Meeting Summary 06-18-03.doc/Last printed 7/9/2003 7:36 AM Planning Commission Minutes Page 3 June 18, 2003 Edition, and custom. Ms. Piety then went over the types of motions (main motion, brings a question before the assembly; subsidiary motion, modifies or dispenses the main motion; privileged motion, has no connection to the main motion but demands immediate consideration; and incidental motion, which are miscellaneous motions that usually apply to the method of transacting business) and explained each type in detail with examples of each. She provided each voting member a Chart of Motions. The Commission had a few questions that staff could not answer right away. One question was whether the Commission had the authority to appoint subcommittees or whether that had to come from the City Council. Two other questions had to do with whether, according to Robert's Rules of Order Newly Revised, 1 dh Edition, the agenda had to be approved and if a flag salute was required before starting the meeting. Staff replied that they would research these questions and return with their findings. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 9:05 p.m. K:\Planning Commission\2003\Meeting Summary 06-18-03.docILast printed 7/9/2003 7:36 AM ~ CITY OF ~ Federal Way ST AFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Chapttr 22, Article XIII, Division 11, "Vehicles and Boats" (Oversized Vehicles) Planning Commission Meeting of July 16,2003 I. BACKGROUND Over the years, the City's Code Compliance Officer has received many complaints from citizens regarding the parking of oversized commercial vehicles on lots within residential zones. However, the limitations of the language in Federal Way City Code (FWCC) Chapter 22, Article XIII, Division 11, "Vehicles and Boats," concerning oversize vehicles have created problems in responding to citizen complaints about commercial vehicles and equipment stored on residential lots. As time permits during the year, staff prepares amendments of a housekeeping nature to address problems such as this. The purpose of this revision is to better define the types and nature of vehicles normally prohibited from being stored on a residential lot, yet accommodate to an appropriate extent vehicles normally associated with a residence. II. DISCUSSION OF PROPOSED CODE AMENDMENTS Existing language in FWCC Section 22-1176, "Size and Use in Residential Zones Limited," states: "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." Since commercial vehicles are not currently defined in the code, this language allows large commercial vehicles nine feet or less in height and 22 feet or less in length to be parked on lots in residential zones. Therefore, one of the proposed amendments is a new definition for "commercial vehicle," which will be included in FWCC Section 22-1176 (Exhibit A). This definition will also be included in FWCC Section 22-1, "Definition" (Exhibit B). Vehicles meeting the definition of commercial would be prohibited unless they are specifically exempted. See Section II.C of this staff report and FWCC Section 22-1178 of Exhibit A. Based on the proposed new definition of commercial vehicle, the types of vehicles to be prohibited on residentially zoned lots would be based on both their gross weight and use, rather than solely on size. A. New Definition of Commercial Vehicle The following definition would be added to FWCC Sections 22-1176 and 22-1, "Definitions": "Commercial vehicle means, unless exempted by FWCC 22-1178, any truck over 10,000 lbs 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." B. Vehicles and Boats Permitted Under the proposed code amendment, FWCC Section 22-1176 would not regulate the vehicles described in this section of the staff report, and therefore, they could be parked or stored on residentially zoned lots as specified in Section 22-1177 of Exhibit A. Proposed FWCC Section 22-1177 would allow the parking of any size vehicle normally used primarily for private transportation purposes (Section II.B.a of this staff report). It would also respond to one of the Planning Commissioner's concerns by allowing tow trucks or other trucks 10,000 Ibs GVWR or less that an on-call person may desire to bring home in the evening (Section II.B.b ofthis staff report). In addition, it would allow recreational/utility vehicles and boats less than 28 feet in length to be parked or stored in driveways based on certain conditions (Section II.B.c of this staff report), and would allow vehicles and boats 28 feet in length or longer to be parked or stored on-site if they are not parked in the driveway and are not visible from the public right-of- way (Section n.B.d of this staff report). The following types of vehicles and boats would be permitted under the proposed FWCC Section 22-1177: a) Vehicles, 10,000 lbs GVWR or less, with or without a mounted camper unit, which are primarily used for 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 lbs GVWR. c) Recreational/utilityvehicles 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. 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. Oversized Vehicles Code Amendment Planning Commission Staff Report File #O3-1O2457-00-UP Page 2 C. Commercial Vehicles Exempted Under the proposed code amendment, FWCC Section 22-1178 would exempt the following commercial vehicles (refer to Section 22-1178 of Exhibit A). a) Vehicles used for agricultural purposes on any lot in Single-Family Residential (RS 35.0) or Suburban Estates (SE) zones. 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. D. Existing Language to be Retained The following language in FWCC Chapter 22, Article XIII, Division 11 is to be retained, except for that language proposed to be deleted (shown as strikeo\:lt) and other language proposed to be added (shown as underlined). The deleted language in sub-section (a) has been moved to FWCC Section 22-ll78[b D. The added language is intended to clarify that Process III may not be used to allow the storage or parking of otherwise prohibited commercial vehicles "22 1177 22-1179 Exceptions. (a) A 'lehicle of any size may be parked on any lot ia the City fDr not more than 18 hours for the exclusive purpose of loading or unloading the vehicle. fbj 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. 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. 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 l80-day period." Oversized V ehicJes Code Amendment Planning Commission Staff Report File #O3-102457-00-UP Page 3 E. Other Changes The City is unaware of any legally nonconforming businesses with associated commercial vehicles in residentially zoned areas. However, if this was the case, the commercial vehicles would have to be removed based on FWCC Section 22-330, "Immediate Compliance with Certain Provisions Required." This section states: "(a) Generally. Regardless of any other provisions ofthis 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. However, in reviewing this section, staff realized that this it 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 C). 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 C). 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 referenced Section 22-1111 et seq. (Exhibit D). We are, therefore, proposing to ad a reference to FWCC Section 22-1176 et seq. in FWCC Section 22- 330(8) (refer to Exhibit E). III. COMPARISON OF EXISTING AND PROPOSED NEW CODE The following table shows the types of vehicles currently permitted in residential zones and whether they would be permitted or not under the proposed code amendment. TABLE 1 Vehicle Current Code Proposed Code Pick-up truck (1 ton) 10,000 Pennitted (typically would not Pennitted GVWR or less exceed 9' high and 22' long) Commercial truck (approximately Pennitted if22' or less in Not Pennitted 1.5 ton) over 10,000 GVWR length or 9' or less in height Excavation equipment (e.g., Pennitted if22' or less in Not Pennitted backhoes, shovels, track-hoes) length or 9' or less in height Cab-over diesel tractor Pennitted if22' or less in Not Pennitted length or 9' or less in height Oversized VehicIes Code Amendment Planning Commission Staff Report File #O3-102457-00-UP Page 4 Vehicle Current Code Proposed Code Recreational vehicles Not permitted if over 9/ high Permitted if under 28/ in length and can and more than 22' long be accommodated completely on driveway. More than 28'could not be parked in driveway or be visible from the public right-of-way. Commercial grade dump truck Permitted if22' or less in Not Permitted length or 9/ or less in height Flat-bed trailers (commercial) Permitted if22' or less in Not Permitted length or 9/ or less in height IV. STAFF RECOMMENDATION Staff recommends that the code amendments as proposed in Exhibits A, B, and E be recommended for approval to the City Council by the Planning Commission. V. 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: 1. 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 ofthe proposed zoning code text amendment. VI. 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 11-1) is the, "Preservation and enhancement of existing residential neighborhoods." The proposed FWCC text amendments are consistent with this concept. Oversized Vehicles Code Amendment Planning Commission Staff Report File #O3-102457-00-UP Page 5 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 in residential zones can result in blocking 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 residential lots is unsightly and detracts from the neighborhood character. VII. 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: 1. Recommend to City Council adoption ofthe 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 D Exhibit E FWCC Chapter 22, Article XIII, Division 11, "Vehicles and Boats" 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 A Exhibit B Exhibit C 1:\2003 Code Amendments\Oversize Vehicles\Planning Commission\063003 Planning Commission Staff Report.DOC/07/09/2003 8:00 AM Oversized Vehicles Code Amendment Planning Commission Staff Report File #03-102457 -OO-UP Page 6 EXHIBIT A FWCC Chapter 22. Article XIII. Division 11. Vehicles and Boats 22-1176 Size aDd use Parkin!! and stora!!e in residential zones limited. Except as specified ifl FWCC 22 1177, it is a violation of this chapter to park or store any '/ehicle or boat on an)' lot in a residential ZOfle if that "ehide or boat is both more thafl nine feet in height afld more than 22 feet in length. COrd. No. 9043, § 2(115.145(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. anv truck over 10.000 lbs 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: (I) 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-wav 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 ofloading or unloading the vehicle. (c) Vehicles parked on any lot in a residential zone for construction purposes pursuant to a valid development permit. 22 1177 22-1179 Exceptions. (a) ,A. vehiele 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 HHloading the '/ehicle. ~ Except for commercial vehicles, +he 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 l80-day period. (Ord. No. 90-43, § 2(115.145(3»,2-27-90) 22 118022-1182 - 22-1195 Reserved. 1:\2003 Code Amendments\Oversize Vehicles\Planning Commission\Division 11 -- New Code Language.doc/07/07/2003 11 :31 AM EXHIBIT B 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 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 permitted in any other zones of the city. 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. 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. 1:\2003 Code Amendments\Oversize Vehicles\Planning Commission\Definitions.doc/Last printed 07/07/2003 10:44 AM 165.20 165.25 Abatement of Non-Conformance That Was Illegal When Initiated 1. General - 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. Exceptions - If a non-conformance has ever been in complete conformance with an applicable zoning code, it may continue to exist subject to the provisions of this 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 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. 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. Non7conformance with the provisions in Chapter 115 regarding Parking and Storage of large vehicles in residential zones. 1. Non-conformance with the provisions in Chapter 115 regarding junk in residential zones. 165 - 2 EXHIBI1- C -"'--- PAGE-1 ~ '1- ------- 165.30 165.35 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 does 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 Specifically 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 EXH IBIT C P AGE -.a... 0 F .....I 115.100 "f 115.105 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 pe:::-son on abutting properties 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, ^ctivitv and Storace 1. General - This section establishes regulations appl icable to outdoor use, storage and activity. 2. Residential Uses - Outdoor uses, storage and activities nonnally. associated with a residential use are Der-¡ni 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 EXH I B rì -_C PAGEi__OF ~ ;xJ:115.145 1. 2. and in Vehicles and Boats Size Residential Zones Limited General - Except as specified in paragraph 2 of this section, it is a 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.. Use ( Exceptions a. A vehicle of any size may be parked on any lot in the city for not more than 4S 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; The'. property abutting the subj ect property will not be impacted by the parking or storage; 2) 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 subject property and the vehicle or boat is operated by a resident of the subject property. The city may impose screening requirements, limit the hours of oDeration and iroDose other restrictions to elim"inate 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 (lSO) day period. 115 - 38 EXHIB(~ C. P AGE~__:J F -¥-- ,22.327. When conformance is required. '.' an aspect, element, activity or use of or on the "~t property conformed to the applicable ~.J Sec. 22.330. Immediate compliance with cere chapter in effect at the time that aspect, l' tain provisions required. 'II" t, activity or use was constructed or initi- . ~that aspect, element, activity or use may . (a) Ge~erall!. Regardless. of any other prOVI- ,;ue and need not be brought into conform- SIOn ofthI.S artIcl.e, the followmg.nonconformances ", 'th this chapter unless a provision of this must be ImmedIately br.o~ght mto. conformance ',.requires conformance. with the applicable prOVISIOns of thIS chapter: 0.90-43, § 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; ,,0), 4.21.92; Ord. No. 92-144, § 3(165.10), . .. . (2) Nonconformance wIth the lIghtIng stan- dards in section 22-954; ninor mod- seetion (a) of this section, any development on the , subject property must eomply 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 adopting 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) Secs. 22.308-22.325. Reserved. 'dueing the ~he amount increasing ~oor area of any struc- Ir parking feet in any y required y increase change in nt to the ARTICLE IV. NONCONFORMANCE* ~y adverse ;he project :nificantly 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. (Old. No. 90-43, § 2(165.05), 2-27-90; Ord. No. 91- '118, § 4(165.05), 12-3-91; Ord. No. 92-135, § ,~8(165.05), 4-21-92; Ord. No. 92-144, § 3(165.05), .~.. 6-16-92) ,quirements, ions. to the ap- of the re- cant may lterial re- ~lated ra- lpon this ns 22-301 tion for a ~~nces-Effective date of the zoning regula- ~~ments, § 22-9; district regulations, § 22-571 ,~!1tary district regulations, § 22-946 et seq. :IV -. ZONING § 22-330 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(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) (3) Nonconformance with the heat emission standards in section 22-951; 1357 EXHIBr:, P AGE__- 1>-------- ,~: _.- If. -- I § 22-330 FEDERAL WAY CITY CODE (4) Nonconformance with the radiation stan- dards in section 22-959; (5) Nonconformance with the air quality stan- dards in section 22-947; (6) Nonconformance with the water quality standards in section 22-1196 et seq.; (7) Nonconformance with the odor standards in section 22-958; \.f (8) Nonconformance with the provisions in see- ~ 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; Ord. 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 nonconformance with the zoning regulations, § 22.121 et seq.; maximum environmental noise levels, § 22-956; lighting stan- dards, § 22-954; heat regulation, § 22-951; radiation, § 22-959; air quality, § 22-947; odors, § 22-958; water quality, § 22-1196 et seq.; parking and storage of outdoor equipment, § 22-1111 et seq.; junk and junkyards, § 22-952; glare regulations, § 22-950; portable outdoor signs, § 22-1596 et seq.; signs ex- tending over rights-of-way, § 22-1596 et seq. S~c. 22.331. Certain nonconformances specif. ically regulated -Generally. (a) Sections 22-332 through 22-337 specify when and under what circumstanees certain nonconfor- mances must be corrected. If a nonconformance must be corrected under this section, the app cant must, as part of the application for any velopment permit, submit all information that t city reasonably needs to review the correction. addition, the city will not issue a certificate 0 zoning compliance or permit occupancy until th correction is made. (b) If section 22-330 applies to a specific non- conformance, the provisions of this section do not apply to that same nonconformance. (Ord. No. 90-43, § 2(165.35(1)), 2-27-90; Ora. 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 floor 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- ceptable 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 appears to be inappropriate. If an ap- praisal is provided by the applicant or required by the city, the larger 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 (4) The applicant replaces the use with a dif- ferent use. The city may allow this change in use, if through process II, the city deter- mines that the proposed new use will be 1358 EXH'Brt - :Þ.. PAGE ~OF--'t- 1) There i establÜ dards fo use; . . (2) The ap1 or alte norma] improv 12-mor which, apprro: ject pr an app been d a sour' comml quire 1 from õ assess priate applic of the (3) The s for 90 cond\: cease¡ (4) Thed termi chan~ :~nt of that lltations ot I land SUr. Ibject Pro~ on will not ot increase~ average el. >erty, CODl~¡ )f the mid. I; Ord. No. 1Ual, § 21.28; a1. :ation that m 22-1093 to the ap- I, section lit the fol. 'operty. , proposed Jcation of improve- mder sec- 'ithin 400 y the pro- In phase' icient in. ntial im- e modifi. tsures to ~s, all as Jrove the, complies (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 eorridors. 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 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. 22-1096-22.1110. Reserved. DMSION 8. OUTDOOR ACTMTIES AND STORAGE* '>tSec. 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. ZONING § 22-1113 Sec. 22-1112. Residential uses. 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 primary use. (2) A minimum six-foot-high solid screening fence or other appropriate screening ap- proved by the director of community devel- 1589 EXHlb: )) PAGE_! ~JF~ 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 et seq,; surface and storm water management, ch. 21; drainage program, § 21-26 et seq.; this nonconformance must be imme- dialely 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 el seq.; zoning regula- tions regarding improvements, § 22-1471 et seq. EXHIBI" o~ P AG~~4J F -¥ 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 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 aeeess is available between these tree trunks or poles. (Ord. No. 90-43, § 2(115.130(3)), 2-27-90) Sees. 22.1161-22.1175. Reserved. DMSION 11. VEHICLES AND BOATS. Sec. 22.1176. Size and use in residential zones limited. Exeept 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) , ì .., Sec. 22.1177. 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 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; (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 .Cross references-Traffic and vehicles, ch. 15; district regulations, § 22-571 et seq.; offstreet parking requirements, § 22.1376 et seq.; vehicular access easement improvements re- o quired, § 22-1496 et seq. ZONING § 22-1196 (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. DMSION 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. EXHIBIT E 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 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 ofFWCC 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) iÇ)2002 Code Publishing Co. Page 1 CITY OF .A Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Chaphr 22, Article XI, "District Regulations" (Neighborhood Business Zoning Charts) Planning Commission Meeting of July 16,2003 I. BACKGROUND The Growth Management Act (GMA) requires jurisdictions to allow the public to suggest updates to their codes and comprehensive plans once a year. Pursuant to Federal Way City Code (FWCC) Section 22-523, after the deadline for accepting applications, the City Council shall hold a public hearing and select those docketed amendment requests it wishes to move to the Planning Commission for further consideration. In September 2001, the City received the following four requests for zoning text amendments: 1) Add churches, synagogues, and other places of worship to the permitted uses in the Neighborhood Business (BN) zone. 2) Increase the allowable density from 12 dwelling units per acre to 24 dwelling units per acre and remove restrictions for multiple family on the ground floor in the BN zone. 3) Add health clubs to the permitted uses in the BN zone. 4) Add batting cages to the permitted uses in the BN zone. The Land Use/Transportation Committee (LUTe) reviewed the requests at their meeting on May 20, 2002, and recommended that they move forward to the City Council for a public hearing and determination on whether they should be studied further. The City Council reviewed the requests at their meeting on June 18, 2002, and recommended that the requests be studied further and that text amendments be prepared for consideration by the Planning Commission and City Council. Staff has studied the above requests further and has prepared this report, along with recommended zoning code amendments, for consideration by the Planning Commission (Exhibits A-D). The purpose of the proposed code amendments is to respond to these requests and to provide for uses within the BN zone that meet the objectives of the comprehensive plan. The purpose of the BN zone according to the Federal Way Comprehensive Plan (FWCP) is: "... These nodes are areas that have historically provided retail and/or services to adjacent residential areas. The FWCP recognizes the importance of firmly fixed boundaries to prevent commercial intrusion into adjacent neighborhoods. Neighborhood Business areas are intended to provide convenient goods (e.g., groceries and hardware) and services (e.g. dry cleaners, dentist, bank) at a pedestrian and neighborhood scale close to adjacent residential uses. Developments combining residential and commercial uses provide a convenient living environment within these nodes.... LUP45 Encourage mixed residential and commercial development in Neighborhood Business designations where compatibility with nearby uses can be demonstrated. " II. REASON FOR CODE AMENDMENT A. Character and Transformation of Neighborhood Business Centers in Federal Way Within the dozen or so areas designated BN, there is a great diversity of size and character. Some BN-zoned areas were developed in the 1960's and 1970's, while others were developed more recently. Of those older centers, some have continued to lease the originally configured tenant spaces, while others have re-developed to try to compete more directly for tenants locating in newer centers. One difference between the older and newer neighborhood business centers is that major chain grocery store tenants (the typical neighborhood business center anchor) utilize more space than available in older centers. This has left some of the older centers with vacant spaces of approximately 20,000 square feet that are now too small to attract a typical grocery store tenant, but too large for many of the other typical neighborhood business center tenants. Unless a property owner can afford a major upgrade or redevelopment of their property, these vacated grocery store spaces can be difficult to lease. B. Appropriate Use of Larger Tenant Spaces in Neighborhood Business Centers The struggle to keep larger tenant spaces filled with viable tenants has led to the requested zoning code amendments considered in this staff report. It is beneficial to the residents living near neighborhood business centers to have thriving centers with available services. However, these services must be appropriate to neighborhood needs and should complement the neighborhood in terms of scale. In other words, they should not draw significant amounts of traffic from outside the neighborhood, aside from traffic already passing by that center on a regular basis. III. RESEARCH OF OTHER CITIES' CODES A review of the codes of the cities of Auburn, Kent, Kirkland, Renton, SeaTac, and Tukwila found the following (Table 1). A. Churches and Other Places of Worship Most cities surveyed allow churches and other places of worship in neighborhood business centers. Some allow churches outright, while others have special requirements or conditions that must be met as part of a special permit process. Neighborhood Business Amendments Planning Commission Staff Report File #0 I-I 03824-00-UP Page 2 B. Health Clubs/Indoor Recreation Some communities allow health clubs in neighborhood business zones while others do not (Table 1). None of the cities surveyed specifically mentioned batting cages. It would appear these uses are normally included in a broader entertainment or recreation category. C. Multiple Family Housing Most cities allowed multiple family housing in neighborhood business centers. There are a variety of approaches to multiple family housing in mixed-use neighborhood business centers. Please refer to Table 1, below, for a summary. Most cities did not specify density limitations for housing, but instead relied on the development standards (height, setbacks, lot coverage, parking, open space, and landscaping) to determine overall density permitted. TABLE 1 ALLOWABLE USES IN NEIGHBORHOOD COMMERCIAL/BUSINESS ZONES City Churches Health Clubs Multiple Family Auburn Pennitted as a Not pennitted Not pennitted conditional usel Kent Pennitted subject to a Not pennitted Not pennitted special use pennit2 Kirkland Pennitted outright Not pennitted Pennitted on the 2nd floor and above Renton Pennitted as a Pennitted (limited to Pennitted (Does not have to be part conditional use 35,000 sq. ft.) of a mixed-use development. It must be a minimum of 10 units per acre and maximum of 15 units per acre. However, if it is part of a mixed-use development and meets certain design standards, bonus density may be awarded to achieve a potential density of 60 units per acre. Seatac Pennitted outright Pennitted outright Pennitted as a conditional use Tukwila Pennitted as a Pennitted outright Pennitted on the 2M floor and above conditional use IV. DISCUSSION OF PROPOSED CODE AMENDMENTS A. Request #1- Add churches, synagogues, and other places of worship to permitted uses in the BN zone. 1. Discussion - Under the current zoning code, churches, synagogues, and other places of worship are allowed in the following Federal Way zoning districts: I A Conditional Use Permit is a use permitted in a particular zoning district upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation ofthe use as specified by the zoning ordinance and authorized by the approving agency. 2 This is another name for a Conditional Use Permit. Neighborhood Business Amendments Planning Commission Staff Report File #OI-1O3824-00-UP Page 3 . Suburban Estates, Single Family Residential (SE - one unit per five acres) Single Family Residential (RS - one unit per 35,000 sq. ft., one unit per 15,000 sq. ft., one unit per 9,600 sq. ft., one unit per 7,200 sq. ft., and one unit per 5,000 sq. ft.) Multifamily Residential (RM - one unit per 3,600 sq. ft., one unit per 2,400 sq. ft., and one unit per 1,800 sq. ft.) Community Business (BC) City Center Core (CC-C) City Center Frame (CC-F) . . . . . BN zoned areas are typically located where they can serve residential neighborhoods. Since churches are already permitted in residential-zoned areas, their location within established neighborhood business centers would not create a land use conflict. Since churches and other places of worship also typically generate traffic at different times than retail and commercial uses, their location within neighborhood business centers may also result in better utilization of shared parking areas. 2. Staff Recommendation - It is recommended that the BN Use Zone Charts be amended to add churches, synagogues, and other places of worship as a permitted use. A new Use Zone Chart is enclosed as Exhibit A. B. Request #2 - Allow additional density and remove restriction for multiple family on the ground floor in the BN zone. 1. Discussion - Pursuant to FWCC Section 22-725, multiple family housing is permitted in the BN zone as follows: a. Allowable density is no more than one unit per 3,600 square feet of lot area or 12 units per acre. b. Multiple family housing is not permitted on the ground floor. Table 2 summarizes the permitted densities of multiple family development and where they may be located as part of a mixed-use development in the City of Federal Way. 3 Multi-unit housing may not be located on the ground floor of a structure. However, senior citizen or special needs housing may stand alone. 4 Increased density may be achieved based on increased height from the permitted outright height of 35 feet to a maximum of 85 feet. The increased height is in exchange for providing on-site open space or a fee-in-lieu of open space. Please note that the procedure and formula for calculating on-site open space and alternative fee-in-lieu have not yet been adopted by the City Council. 5 Multi-unit housing may not be located on the ground floor of a structure fronting a public right of way, but may be located on the ground floor where not fronting a right-of-way, provided a minimum of 20 percent of the gross floor area of the ground floor of the structure fronting the right-of-way contains other uses allowed in this zone. However, senior citizen or special needs housing may stand-alone. Neighborhood Business Amendments Planning Commission Staff Report File #01-1O3824-00-UP Page 4 c. As the above table shows, multiple family use is not allowed on the ground floor in either the Neighborhood Business (BN) or Community Business (BC) zones. Multiple family is allowed on the second floor and above in these zones. In addition, multiple family is only allowed on the ground floor in the City Center-Core (CC-C) and City Center-Frame (CC-F) if not fronting a right-of-way and if at least 20 percent of the ground floor uses fronting the right-of-way are in other uses allowed in the zone. Therefore, allowing multiple family development on the ground floor in the BN zone would not be consistent with the other mixed-use zones in the City of Federal Way. Furthermore, as shown in Table 1, two of the five South King County cities surveyed did not permit multiple family in their neighborhood business zones, two allowed this use only on the second floor, and the other two permitted them only with certain conditions. 2. Staff Recommendation - It is recommended that the BN Use Zone Chart, FWCC Section 22- 725 (Exhibit B), be amended to increase the allowable density to one unit per 2,400 square feet of lot area, or 18 units per acre. This would bring the allowable density to the same standard as that currently permitted in the BC zone. Allowing multiple family on the ground floor in the BN zone would be inconsistent with how multiple family is permitted in the other mixed-use zones in the City of Federal Way. Request #3 - Add health clubs to the permitted uses in the BN zooe. 1. Discussion - Health clubs are not listed as a permitted use in the City of Federal Way BN Use Zone Charts. However, in November 2001, a zoning code interpretation pursuant to FWCC Chapter 22, Article IV.A, was issued. This interpretation permitted health clubs in the BN zone provided that the gross floor area of the business did not exceed 7,500 square feet. This size threshold would allow smaller fitness centers, like a "Curves facility," which can locate in as little as a 1,000 square foot area, but would exclude larger facilities like the two Federal Way Bally fitness centers, which are 53,000 square feet (located at First Avenue and South 328th Street in an Office Park [OP] zone) and 35,000 square feet (located south of South 316th Street and west of 20th Avenue South in the CC-C zone). The intent of the 7,500 square feet size limitation was to insure that health clubs developed within a BN-zoned area would maintain a neighborhood scale and not attract traffic from a broader regional area. Larger facilities are currently permitted in the CC-C, CC-F, and BC zones, which have no size restrictions. Staff conducted an informal survey of various health club facilities in order to determine what size limit, if any, should be placed on health clubs in BN zones. The following summarizes the sizes and types of health clubs that were found: (a) According to their website, a Curves franchise can locate in spaces as small as 1,000 square feet. (b) A Gold's Gym facility is looking for at least 18,000 square feet. (c) 24-Hour Fitness Centers have the following three typical types of clubs: File #Ol-1O3824-00-UP Page 5 Neighborhood Business Amendments Planning Commission Staff Report (i) Fitness/Active - Requires less than 25,000 square feet and includes group exercise rooms, cardio equipment, weight rooms, locker room, and showers. The 24-Hour Fitness Center located at 2130 South 314th (CC-F zone) is approximately 19,000 square feet and includes exercise classes, tanning, and sauna. (ii) Sport - Requires over 35,000 square feet and includes all of the above plus, sauna, steam room, whirlpool, basketball court, swimming pool, tanning, and juice bar. (iii) Super Sport - Requires over 50,000 square feet and includes all of the above plus day spa, rock climbing, squash, and racquetball courts. (d) In Federal Way, the Bally's Total Fitness Center located at 32Sth and 1st Avenue South (OP zone) is approximately 53,000 square feet and includes a pool, sauna, steam room, whirlpool, exercise and weight rooms, indoor track, and tennis and racquetball courts. The following options for zoning code amendments were considered: Option A: Add health clubs to the permitted uses in the BN zone maintaining the current 7,500 square foot limitation as determined by the November 2001 zoning code interpretation. The advantages of this option are: 1. It is consistent with the recent zoning code interpretation regarding health club facilities; and 2. It ensures that health club facilities will remain small and at a neighborhood scale. The disadvantage of this option is: 1. It limits the type of facility and services that can locate within neighborhood business centers. Option B: Add health clubs to the permitted uses in the BN zone with a maximum 25,000 square foot limitation. The advantages of this option are: 1. It may help the viability of neighborhood business centers with existing vacant tenant spaces in the 20,000 to 25,000 square foot range; 2. A health club facility with a greater variety of activities could potentially locate nearer to residential neighborhoods; and 3. Since it maintains a square footage limit, it ensures that regional-scale facilities would not be able to locate within a neighborhood business center. Neighborhood Business Amendments Planning Commission Staff Report File #OI-1O3824-00-UP Page 6 D. v. The disadvantage ofthis option is: 1. The 25,000 square feet appears to be the threshold at which health clubs go from local to regional draw. There could be some neighborhood concern that a facility approaching 25,000 square feet could attract a regional clientele. 2. Staff Recommendation - The current 7,500 square foot size limitation (by interpretation) is not large enough to permit health clubs to occupy larger tenant spaces (for example the approximate 20,000 square foot spaces that exist in some older commercial centers) and also may not accommodate the smallest category of health club (fitness/active facility). It is, therefore, recommended that health clubs up to 25,000 square feet in size be allowed in the BN zone. This use would be added to the Use Zone Chart for private lodge or club in the BN zone (FWCC Section 22-722, "Entertainment," Exhibit C). Request #4 - Add batting cages to the permitted uses in the BN zooe. 1. Discussion - The siting of batting cages is not specifically addressed in the FWCC. However, batting cages would most logically fall under the category of "retail establishment providing entertainment, recreational, or cultural services or activities." Like health clubs, this category is presently a permitted use in the BC, CC-C, and CC-F zones. Many children throughout Federal Way's neighborhoods play softball and baseball and could benefit from a neighborhood indoor batting cage facility for practice. In addition, there may be a need for other neighborhood-scale recreational facilities for children. Therefore, it seems reasonable to not restrict the code amendment to simply adding batting cages as an allowable use in the BN zone, but to add the category of "retail establishment providing entertainment, recreational, or cultural services or activities." However, similar to health clubs, the size of these facilities should be limited to ensure that facilities developed within BN zones do not become regional centers, more suited to the BC or CC zones. 2. Staff Recommendation - Add "retail establishment providing entertainment, recreational, or cultural services or activities" to the permitted uses in the BN zone under FWCC Section 22- 722, "Entertainment," (Exhibit D) with a maximum square footage of 25,000 square feet. ST AFF RECOMMENDATION Staff recommends that the following alternatives be recommended for approval to the City Council: I. Add a new use zone chart for churches, synagogues, and places of worship in the BN zone. 2. Amend FWCC Section 22-725 (multiple-unit housing use zone chart) to increase the residential density permitted in the BN zone from one unit per 3,600 square feet (12 units per acre) to one unit per 2,400 square feet of lot area (18 units per acre). 3. Amend FWCC Section 22-722 (entertainment use zone chart) to add health clubs to the list of permitted uses and limit the size to no more than 25,000 square feet. File #OI-IO3824-00-UP Page 7 Neighborhood Business Amendments Planning Commission Staff Report 4. Amend FWCC Section 22-722 (entertainment use zone chart) to add "retail establishment providing entertainment, recreational, or cultural services or activities" to the list of permitted uses and limit the size to no more than 25,000 square feet. These changes would require the addition of a new use zone chart for churches, synagogues, and places of worship (Exhibit A). In addition, FWCC Section 22-725 (MultiplÐ-Unit Housing, Exhibit B) and FWCC Section 22-722 (Entertainment, Exhibits C and D) would need to be amended. VI. 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: 1. 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. VII. 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 ofthe FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. The proposed FWCC text amendment is consistent with the following FWCP goals and policies: LUP21 Allow and encourage a variety ofmultiple-family housing types in designated commercial areas, especially in the City Center Core and City Center Frame areas. LUP28 Provide for a mix of commercial and residential uses in commercial areas. LUG7 Provide neighborhood and community scale retail centers for the City's neighborhoods. LUP42 Encourage neighborhood retail and personal services to locate at appropriate locations where local economic demand and design solutions demonstrate compatibility with the neighborhood. Neighborhood Business Amendments Planning Commission Staff Report File #0 l-1O3824-00-UP Page 8 LUP44 Neighborhood Business centers should consist of neighborhood scale retail and personal services. LUP45 Encourage mixed residential and commercial developments in Neighborhood Business designations where compatibility with nearby uses can be demonstrated. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWCC text amendment bears substantial relationship to the public health, safety, and welfare because it facilitates the development of health and fitness centers in designated neighborhood business centers within the City. The proposed FWCC text amendment would also increase the potential list of tenants that could possibly fill existing tenant spaces within neighborhood business centers that have been vacant for long periods of time. 3. The proposed amendment is in the best interest á the residents of the City. The proposed FWCC text amendment is in the best interest of the residents of the City because it facilitates development within neighborhood business areas that would provide additional service, recreational, and living opportunities for the citizens of Federal Way. VIII. 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: 1. 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. IX. EXHIBITS Exhibit C Exhibit D New Use Zone Chart Allowing Churches, Synagogues, and Other Places of Worship in the BN Zone Amendments to FWCC Section 22-725 (Multiple-Unit Housing) to Increase Housing Density Amendments to FWCC Section 22-722 (Entertainment) to Allow Health Clubs Amendments to FWCC Section 22-722 (Entertainment) to Allow Retail Establishment Providing Entertainment, Recreational, or Cultural Services or Activities Exhibit A Exhibit B 1:\2002 Code Amendments\Chang:s to BN zone\Planning Commission\062603 Planning Commission Staff Report.DOC/0?/09/2003 8:49 AM Neighborhood Business Amendments Planning Commission Staff Report File #Ol-lO3824-00-UP Page 9 EXHIBIT A 22-731 Churches. The following uses shall be permitted in the neighborhood business (EN) zone subject to the regulations and notes set forth in this section: USE ZONE CHART ~ DIRECTIONS: FIRST, read down to find use. ,. THEN. across for REGULATIONS :2 Minimums E:;;; ~I Required Yards ...¡ .., t5 J£ ~ ,~~ '" .- > .., .., ~~ USE Church. synagogue or other place of worship ~I ¡ áJ ~ !I ;1 ~I oj g :I:cn Ci e ""' Process ill. possible Process IV 35 it, aboye ayerage building eleyation See notes 4 - 1 See note 1 Process I II III and IV are described in && 22-351 - 22-356 22-361-22-370 22-386 - 22-411 22-431 - 22-460- respectivelv, -:'Je :~g "':;;¡ ~æ ZONE BN SPECIAL REGULA nONS AND NOTES A 1, If the subiect property along with any contiguous area intended for future use for the religious activities or related t;:"ansportation pumoses is more than five acres the use must obtain a master plan approved through Process IV, The master plan must management show the ultimate development ofthe site including all buildings. parking and circulation areas other maior plan (lMP) improvements and buffers, For proposals also requiring a development agreement, the city council's public hearing on shall be a development agreement shall take the place of the public hearing for master plan approval by the hearing examiner. s bmitted as 2, The subiect prooerty mav contain a rectory or similar dwelling unit for use by the religious leader of the ~ fth congregation, If this is a detached dwelling unit its setbacks are 20 ft, front and five ft. side and rear. p I? . e 3, The subject prooerty must be adiacent to a collector or arterial right-of-wav, aDD Icatlon, 4, If any portion ofa structure on the subiect prooerty is located less than 100 ft, from an adiacent residential zone- then The TMP that portion ofthe structure shall not exceed 30 ft, above average building elevation and the structure shall be set back a shall address minimum of20 ft, from the prooerty line of the residential zone, the 5. Maximum height of an v portion of the building mav be increased to 40 ft, ifall of the following are met: following: a. The additional height is necessary to accommodate the particular use conducted in the building. traffic b, Each required vard abutting the structure is increased one ft. for each one ft, the structure exceeds 35 ft above control. average building elevation, parking c, An increase in height shall not block views designated bv the comprehensive plan. demand and 6, Maximum height of the sanctuary or principal worship area mav be increased to 55 ft, ifall of the following criteria management, are met: and traffic a, Each required yard abutting the structure is increased one ft, for each one ft, the structure exceeds 35 It, above movement to average building elevation, the adjacent b, An increase in height shall not block views designated bv the comprehensive plan, street system, 7, Religious symbols and icons for churches and other religious institutions may exceed th.e highest pointofthe . underlYIng roof on which It IS mounted by an addItIOnal 15 ft, provided that such svmbol!s a mInor archItectural accent and only one such svmbol is pennitted on the principal structure for this use, 8, No maximum lot coverage is established, Instead the buildable area will be detennined bv other site development requirements i,e, required buffers parking lot landscaping surface water facilities etc, 9, For community design guidelines that applv to the proiect see Article XIX 10. For landscaping requirements that applv to the proiect see Article XVII, II, For sign requirements that apply to the proiect see Article XVIII. 12, Refer to & 22-946 et sea, to detennine what other provisions of this chapter mav apply to the subject prooerty, T For other information about parking and parking areas- see § 22-1376 et sea, For details of what mav exceed 1his height limit see & 22-1046 et sea. For det¡lÍls r~¡I1.[J:~~d vards see & 22-1131 et sea, EXHIBIT B 22- 725 Multiple-unit housing. The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: ~ DIRECTIONS: FIRST, read down to find use, 0 Minimums ~ Required Yards ...¡ '" ~ ~ " 0 ¡.,¡ e c.:: ",P-. :=) ~~ .- OJ :1,- 0-> OJ OJ ~~ USE JJ Multiple- unit housing (Stacked dwelling units) OJ N <i3 Õ ...¡ z g ~ OJ '" <i3 1:: 0 ~ Process II INane Same as these regulations for ground floor use See notes 4 and 7 Process I, II, III and IV are described in §§ 22-351 - 22-356, 22-361 -22-370 22-386-22-411, 22-431 - 22-460, respectivelv, USE ZONE CHART " THEN, across for REGULATIONS æ ~ ..... 0 ~ :cZ bDO ,- :I OJ .... :I:Vj ~ Q. ",C/) ~ OJ) '3,5 0--'<: ~Æ I ZONE I BN SPECIAL REGULATIONS AND NOTES Same as these regulations for ground floor use I, This use may not be located on the !,'I'ound floor of a slruclure, The ground floor of the structure must contain one or more other use(s) allowed in this zone, 2, The subject property must contain at least J,éOO 2 400 sq, ft, of lot area per dwelling unit or one acre for every R ~ dwelling units, 3, Section 22-946 et seq, contains regulations regarding home occupations and other accessories, facilities and activities associated with this use, 4, If any portion of a structure on the subject property is within 100 ft, of a single-family residential zone, then that portion of the structure shall not exceed 30 ft, above average building elevation and the structure shall be set back a minimum of20 ft, trom the property line of the residential zone, 5, No maximum lot coverage is established, Instead, the buildable area will be determined by other site development requirements; i,e" required buffers, parking lot landscaping, surface water facilities, etc, 6, For community design guidelines that apply to the project, see Article XIX, 7, For landscaping requirements that apply to the project, see Article XVII. 8, For sign requirements that apply to the project, see Article XVIII, 9, Refer to § 22-946 et seq, 10 determine what other provisions of this chapter may apply to lhe subjecl; property, 10, For provisions that relate to the keeping of animals, see § 22-981 et seq, 1.7 per unit L For other information about parking and parking areas, see § 22-1376 et seq, For details of what may exceed lhis heighllimit, see § 22-1046 et seq. For delails regarding required yards, see § 22-1 131 et seq. (Ord, No, 90-43 § 2(40.50), 2-27-90; Ord, No, 93-170, § 7(Exh, B), 4-20-93; Ord, No, 96-270 § 5, 7-2-96; Ord, No, 97-291, § 3, 4-1-97; Ord. No. 00-375, § 17, 10-3-00; Ord, No, 02-424, § 3,9-17-02) EXHIBIT C 22- 722 Entertainment. The following uses shall be permitted in the neighborhood business (B~2 zone subject to the regulations and notes set forth in this sectlOn: USE ZONE CHART ~ DIRECTIONS: FIRST, read down to find use. ,. THEN, across for REGULATIONS 9 Minimums ~ ~ Required Yards ,.¡ '!) ;ì g "" "O~ ¡;oi¡ Q) ~ CI: ,:: '!) ::s ,- <:r> ~~ USE Private lodge or club '!) N r;) Õ ,.¡ ? g ~ Q) "0 r;) ~ u '" c.. "Of/] '!) OJ) '5':; ¡r~ O:::D.. c 0 ~ t;¡ Q) 0::: ..... 0 ~ - ::s .:;:- OJ)U ,j 2 :r:t5 ProcessIIINone lOft. 10ft, 10ft. 35ft, above IforeachlOO See notes 2 and 8 average sq. ft. of gross See I building floor area for note 6 elevation restaurants; Art gallery Restaurant or tavern Fast food restaurants Health Club See note 2 11 for each 80 sq, ft. for fast food restaurant: Otherwise detennined on a case-by-case basis fuf private club or leàge , I Process I, II, III and IV are described in §§ 22-351 - 22-356, 22-361 - 22-370 22-386 - 22-411, 22-431 - 22-460, respectivelv, ZONE BN SPECIAL REGULA nONS AND NOTES 1. Gross floor area of this use may not exceed: 7,500 sq, ft. for restaurants; 5,000 sq, ft, for fast food restaurants; 10,000 sq. ft. for private club or lodge: 25,000 sa, ft, for health clubs. 2, If any portion of a structure on the subject property is within 100 ft, of a residential zone, then that portion of the structure shall not exceed 30 ft, above average building elevation and the structure shall be set back a minimum of20 ft, from the property line of the residential zone, 3, The hours of operation of these uses may be limited to reduce impacts on nearby residential areas. 4, Access to and from drive-through facilities must be approved by the public works department. Drive-through facilities must be designed so that vehicles will not block traffic in the street while waiting in line and will not unreasonably interfere with on-site traffic flow, 5, Fast food restaurants must provide one outdoor waste receptacle for every eight parking spaces. 6, No maximum lot coverage is established, Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc, 7, For community design guidelines that apply to the project, see Article XIx. 8, For landscaping requirements that apply to the project, see Article XVII. 9, For sign requirements that apply to the project, see Article XVIII. 10. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. For other information about parking and parking areas, see § 22-1376 et seq, For details of what may exceed this height limit, see § 22-1046 et seq. For details regarding required yards, see § 22-1131 et seq, (Ord, No. 90-43 § 2(45,65), 2-27-90; Oed, No, 93-170, § 7(Exh. B), 4-20-93; Oed. No. 96-270 § 5, 7-2-96; Oed, No, 97-291, § 3,4-1-97) EXHIBIT D 22- 722 Entertainment. The following uses shall be permitted in the neighborhood business (BN} zone subject to the regulations and notes set forth in this section: USE ZONE CHART ~ DIRECTIONS: FIRST, read down to find use. . , THEN, across for REGULATIONS 8 Minimums ~ ~ Required Yards ...¡ '" ~ g " -oð: ~ '" ~ ~ .:: '" '" ,- 0-> '" '" ~~ USE Private lodge or club '" N Cï5 Õ ...¡ z g ~ '" "'0 Cï5 ~ '" ~ '- '" 0 .... .!:~ 0.0", .¡:; .:: ::r:</J c 0 ~ Art gallery processlNone Oft, lOft. lOft, 35ft,above II See notes 2 and 8 average See building note 6 elevation Restaurant or tavern See note 2 Fast food restaurants Health Club Retail establishment providing entertainment, recreational. or cultural services or activities Process I, II, III and IV are described in §§ 22-351 - 22-356, 22-361 - 22-370 22-386 - 22-411, 22-431 - 22-460, respectivelv, 8 0:1 C. -o</J '" 0.0 .... C 'g.~ '" 0:1 ~¡:c, I for each 100 sq, ft. of gross floor area for restaurants; I for each 80 sq, ft. for fast food restaurant: Otherwise determined on a case-by- case basis fef 3riyate cilIa er-Iedge I ZONE BN SPECIAL REGULATIONS AND NOTES I, Gross floor area of this use may not exceed: 7,500 sq, ft, for restaurants; 5,000 sq. ft. for fast food restaurants; 10,000 sq, ft. for private club or lodge; 25.000 sq, ft, for health clubs or retail establishment providing entertainment. recreational. or cultural services or activities, 2, If any portion of a structure on the subject property is within 100 ft, of a residential zone, then that portion of the structure shall not exceed 30 ft, above average building elevation and the structure shall be set back a minimum of20 ft, from the property line of the residential zone, 3. The hours of operation of these uses may be limited to reduce impacts on nearby residential areas. 4, Access to and from drive-through facilities must be approved by the public works department. Drive-through facilities must be designed so that vehicles will not block traffic in the street while waiting in line and will not unreasonably interfere with on-site traffic flow, 5. Fast food restaurants must provide one outdoor waste receptacle for every eight parking spaces. 6. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e" required buffers, parking lot landscaping, surface water facilities, etc. 7. For community design guidelines that apply to the project, see Article XIX, 8. For landscaping requirements that apply to the project, see Article XVII. 9. For sign requirements that apply to the project, see Article XVIII, I O. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property, For other informalion aboul parking and parking areas, see § 22-1376 et seq, For delails of what may exceed this height limit, see § 22-1046 el seq, For details regarding required yards, see § 22-1 J 31 et seq, (Ord, No. 90-43 § 2(45,65), 2-27-90; Ord, No, 93-170, § 7(Exh, B), 4-20-93; Ord, No, 96-270 § 5, 7-2-96; Ord. No, 97-291, § 3, 4-1-97)