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ORD 07-559� CITY OF FEDERAL WAY ORDINANCE NO. 61- �� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING TEXT AMENDMENTS TO THE FEDERAL WAY CITY CODE, CHAPTER 22, "ZONING," FOR PiJRPOSES OF IMPLEMENTING THE 2006 COMPREHENSIVE PLAN GOALS AND POLICIES RELATIVE TO THE COMMERCIAL ENTERPRISE (CE) ZONE; COMMUI�TITY BUSINESS (BC) ZONE; AND OTHER AMENDMENTS; INCLUDING REPEALING THE TITLE AND DEVELOPMENT REGULATIONS FOR ARTICLE XI, DIVISION 10, "BUSINESS PARK (BP)", AND REPLACING IT WITH "COMMERCIAL ENTERPRISE (CE)" AND RELATED DEVELOPMENT REGULATIONS, INCLUDING PERMITTED USES, REVIEW PROCESSES, I3EIGHT, SETBACKS, LOT SIZE, AND OTHER BUILDING AND SITE DESIGN STANDARDS; INCREASING HEIGHT FOR HOTEL/MOTEL USES IN CE, BC AND CITY CENTER-FRAME (CC-F); AMENDING ALLOWED USES AND CERTAIN DEVELOPMENT STANDARDS IN BC, INCLUDING INCREASED HEIGHT AND DENSITY, AND REDUCED OPEN SPACE STANDARDS, FOR MIXED-USE RESIDENTIAL; AMENDING THE PROCESS AND DECISION CRITERIA FOR ADMINISTRATIVE HEIGHT MODIFICATIONS; AMENDING REQUIRED PARKING FOR MEDICAL/DENTAL OFFICES IN ALL ZONES ALLOWING SUCH USES; AND OTHER RELATED AND MISCELLANEOUS AMENDMENTS; AFFECTING ARTICLE 1, SEC. 22-1, "DEFI1vITIONS"; ARTICLE IV, ��NONCONFORMANCES"; ARTICLE XI, DIV. 7"COMMUNITY BUSINESS"; DIV. 8, "CITY CENTER-CORE AND CITY CENTER-FRAME"; ARTICLE X, "TEMPORARY USES"; ARTICLE XI, "DISTRICT REGiJLATIONS"; ARTICLE XIII, "SUPPLEMENTARY DISTRICT REGULATIONS"; ARTICLE XVI, "IMPROVEMENTS"; ARTICLE XVII, "LANDSCAPING"; AND ARTICLE XIX, "COMMU1vITY DESIGN GUIDELINES". WHEREAS, amendments to the Federal Way Ciry Code (FWCC) text are authorized pursuant to FWCC Section 22-216 pursuant to Process VI review; and WHEREAS, the City of Federal Way City Council has considered the proposed text amendments to the FWCC, attached hereto as Exhibit A and incorporated by this reference, ("Proposal") affecting the use and development regulations and standards for the Business Park (BP)/Commercial Enterprise (CE), Community Business (BC), City Center-Core (CGC) and City Center Frame (CC-F) zoning districts, and medical/dental office parking for all zoning districts where such uses are permitted, and other related zoning text amendments; City File No. 06-]05688-00-UP WHEREAS, the Federal Way City Council, pursuant to FWCC Section 22-517, having determined the Proposal to be worthy of legislative consideration, referred the Proposal to the Federal Way Planning Commission for its review and recommendation; and WHEREAS, an environmental Determination of Nonsignificance (DNS) was issued for the Proposal on February 20, 2007, and no comments or appeals were received and the DNS was finalized on March 19, 2007; and WHEREAS, the Federal Way Planning Commission, having considered the Proposal at Public Hearings on March 14, 2007; March 21, 2007; and April 19, 2007; pursuant to FWCC Section 22-534, and all public notice having been given pursuant to FWCC Section 22-521; and WHEREAS, following the public hearing, the Planning Commission forwarded the Proposal to the City Council without recommendation by majority vote of the full membership as required by code; and WHEREAS, the City Council Federal Way Land Use/Transportation Committee, on May 21, 2007, considered the Proposal and moved to forward a recommendation of approval to the full City Council, with modifications to the text amendments (and related comprehensive plan amendments) in order to allow mixed-use residential/commercial as a transitional use and buffer along the established single family-zoned residential neighborhood located south of South 356`" Street, between Pacific Highway South and 16`" Avenue South, in the CE zone; and WHEREAS, the City Council considered the Proposal at its June 19, 2007, and July 3 2007 meetings; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findines. The City Council of the City of Federal Way makes the following findings with respect to the Proposal: A. The 2006 Federal Way Comprehensive Plan (FWCP) establishes the vision, goals, and policies for the "Commercial Enterprise" (CE) designation, replacing the former `Business Park" (BP) City File No. 06-305688-00-UP 2 designation, and envisioning CE as an area intended to "...capture the demand for a diverse mix of industrial, office, and retail sales and services, arranged in well integrated, high quality developments..." with residential use envisioned only as mixed-use residential/commercial development where it appropriately serve as a transitional use and buffer along single-family zoned residential neighborhoods; B. The 2006 Federal Way Comprehensive Plan (FWCP) updates the vision, goals, and policies for the "Community Business (BC)" designation, in order to "allow a broad mix of uses, including general, specialty, and service retail; commercial; office, mixed use residential; compatible light manufacturing, and supportive uses"...in...low-rise to mid-rise, high quality development that includes a vibrant and compatible mix of well integrated and designed pedestrian-oriented and auto-oriented uses;" C. The Proposal will implement the 2006 Federal Way Comprehensive Plan (FWCP) in the City's zoning ordinance relative to the Commercial Enterprise (CE) and Community Business (BC) zoning districts, and related development regulations, by allowing or encouraging uses and development that foster or promote the applicable goals and policies, and by disallowing or discouraging those that do not; D. The Proposal will implement FWCP goals and policies for the CE zone by continuing to allow industrial uses at appropriate locations within the CE zone and other appropriate uses previously allowed in BP; while integrating a broad mix of retail sales, services, office, commercial, and other compatible uses, such as gas stations, car washes, and day care facilities; and certain intensive uses whose impacts are more compatible in CE (than in BC), including bulk retail, trucks stops, transfer stations, adult entertainment, and gambling uses; and by allowing residential use only as mixed-use residentiaUcommercial on properties that adjoin the existing single family-zoned residential neighborhood south of South 356"' Street, between Pacific Highway South and 16`�' Avenue South, where it will serve as a transitional residential use co-located with commercial opportunities as envisioned for the CE zone; E. The Proposal will help implement FWCP goals and policies for the BC zone by generally maintaining the existing mix of allowed uses, while further emphasizing mixed-use commerciaUresidential development through increased height and density and reduced open space City File No. 06-105688-00-UP 3 requirements for such uses; by allowing compatible, small-scale, retail-oriented manufacturing; and by ceasing to allow intensive uses such as truck stops, transfer stations, bulk retail, adult entertainment, and gambling, which are incompatible in areas characterized by residential and pedestrian scale uses; F. The Proposal wi11 address concerns raised by the development community that a minor increase in allowed height for motels/hotels in the CE and BC zones is necessary in order to facilitate such development; while a related height increase for hotels in the City Center-Frame will retain a competitive height advantage to help ensure taller hotels in the City Center as contemplated by the FWCP; G. Establishing a different and higher parking ratio for medical/dental offices, than for general offices, will address on a city-wide basis, the �onsistent, higher parking demand for such uses, and will improve marketability by ensuring adequate customer parking; H. Proposed amendments related to site and building design standards, such as minimum lot size, setbacks, community design guidelines, landscaping, outdoor storage, and height modification decision criteria, will update and clarify zoning regulations and help ensure integration and compatibility between uses and the quality of the built environment; and I. Proposed minor amendments, such as relaxing the height modification review process, clarifying or simplifying text where possible, correcting errors, codifying previous interpretations, and reformatting, will improve the efficiency of the zoning code and the development review process; Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed amendments are consistent with, and substantially implement, the following key goals and policies contained in the updated 2006 Federal Way Comprehensive Plan: L UGI Improve the appearance and function of the built environment. LUP4 Maximize efficiency of the development review process. LUPI1 Support the continuation of a strong residential community. LUP13 Distribute park and recreational opportunities equitably throughout the City. City File No. 06-305688-00-UP 4 LUG3 Preserve and protect Federal Way's single-family neighborhoods. L UPl S Protect residential areas from impacts of adjacent non-residential uses. L UG4 Provide a wide range of housing types and densities commensurate with the community's needs and preferences. LUP25 Encourage the establishment of street patterns and amenities that encourage walking, bicycling, and transit use. LUP28 Provide for a mix of commercial and residential in commercial areas and in limited, appropriate locations in commercial enterprise areas. LUP29 Use Community Design Guidelines to promote common open space, public art, and plazas in commercial and office developments. L UP30 Ensure compatibility between non-residential developments and residential zones by regulating height, scale, setbacks, and buffers. LUP31 Use Community Design Guidelines to encourage quality design and pedestrian and vehicle circulation in office, commercial, and commercial enterprise developments. LUP32 Use Community Design Guidelines to encourage commercial development to locate along street edge (where deemed appropriate) to provide pedestrian street access. Provide pedestrian access between developments and to transit stations. LUGS Develop a quality commercial enterprise environment characterized by a viable, vibrant, and attractive mix of commercial, retail, office, industrial, and supportive services; including mixed-use residential/commercial as a transitional use at appropriate locations; and utilize locational and design criteria to ensure compatibility between uses. LUP30 Encourage compatibility between mixed-use developments and residential zones by regulating height, scale, setbacks, and buffers. LUP35 Allow a broad and range of commercial, retail, office, industrial, and supportive uses to meet the needs of workers and consumers, in well integrated, well functioning, high quality developments. LUP36 Require development to be compatible and well integrated into its surroundings and adjacent zones through site and building design and development standards that reduce or eliminate land use conflicts, nuisance impacts, or critical areas impacts; ensure project aesthetics; promote sharing ofpublic facilities and services, and improve vehicular and pedestrian traffic flow and safety, including access control and off-street interconnectivity between adjoining properties where feasible. City File No. 06-105688-00-UP LUP37 Allow general and specialty retail uses that serve the needs of people employed or residing in the local area, as well as "destination" retail and wholesaie businesses that may serve a broader consumer base vis-a-vis the area's convenient access to Interstate 5 and Highway 18. LUP38 Allow mixed-use residential/commercial as a transitional use adjacent to the established single family-zoned residential neighborhood located south of South 356` Street between Pacific Highway South and 16`�' Avenue South. LUP39 Do not allow heavy industrial uses on properties that adjoin a low or medium density residential zone. L UG6 Transform Community Business areas into vital, attractive areas with a mix of uses that appeals to pedestrians, motorists, and residents, and enhance the community's image. LUP40 Encourage transformation of the Pacific Highway (SR-99) Community Business corridors into quality retail/commercial mixed use areas, designed to integrate auto, pedestrian, and transit circulation, and to improve traffic flow and safety, including access control and off-street interconnectivity between adjoining properties where feasible. Continue to utilize Community Design Guidelines to ensure quality site and building design and functional and aesthetic compatibility between uses. Integration of pedestrian amenities and open space into retail and office development should also be encouraged. L UP41 Encourage a range of pedestrian-oriented retail, while continuing to accommodate auto-oriented retail, and provide supportive uses to meet the needs of residents and employees in the area. EDGI The City will emphasize redevelopment that transforms the City from a suburban bedroom community to a full-service community with an urban core. EDG2 The City will encourage concentration of non-residential development into four primary areas: -High-density mixed-use development in the City Center (312"' and 320"', SR-99 to I-5) -A mix of commercial, office, retail, and light industrial development in the area around 348"' and SR-99 and around the I-5/SR 18 interchanges -High-quality office park development, including corporate headquarters, continued in and around West Campus -High-quality office development, including corporate headquarters in a park-like campus setting east of I-5 EDP14 The City will continue to utilize design guidelines to enhance the urban environment to retain and attract businesses and residents. City File No. 06-105688-00-UP 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare; The proposed FWCC text amendments will improve the market responsiveness of the Business Park/Commercial Enterprise zone; increase development opportunities for various uses including mixed-use commercial/residential in Community Business; retail sales, services, offices and related uses in BP/CE; and hotels-motels in CE and BC; ensure integration and compatibility of uses through site and building design standards; protect residential uses and zones from incompatible uses; and implement the 2006 comprehensive plan amendments; which will have a direct relationship to public health, safety, and welfare. :_� �. The proposed amendments are in the best interest of the residents of the city. The proposed FWCC text amendments will help revitalize the Business Park/Commercial Enterprise area of the City by expanding the mix of allowed uses allowed in CE, beyond those previously allowed in BP, in order to implement the updated vision for this area of the City; by adding a range of retail, office and commercial uses, for which there is ongoing high demand, to the mix of industrial uses, for which there is ongoing low demand. It will also promote co-location of housing with commercial development at appropriate locations; expand support services in employment areas; increase pedestrian uses and amenities; and improve the quality and function of the built environment; which is in the best interest of the residents of the City. Section 3. Amendment. The City Council hereby amends FWCC Chapter 22 as set forth in the attached Exhibit A. Section 4. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of the ordinance, or the invalidiTy of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Rati�cation. 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 day of , 2007. City File No. 06-105688-00-UP 7 APPROVED . /�� L t.. Mayor, Michael Par ATTEST: City erk, Laura Hatha y, CMC APPROVED AS TO FORM: �� � ��� City Attorney, Patricia A. Richaxdson FILED WITH THE CITY CLERK: �Q •� p' �� PASSED BY THE CITY COUNCIL: '7� J�' a� PUBLISHED: "7 • // � l� � EFFECTIVE DATE: "7� j(� • U� ORDINANCE NO: Q'7 � � City File No. 06-105688-00-UP Doc. J.D. Exhibit A PROPOSED TEXT AMENDMENTS TO FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, "ZONING" Contains the following amended codes (in relevant part): . Article XI, Division 10, "Business Park (BP)" (all text deleted) Article XI, Division 10, "Commercial Enterprise (CE)" Article XI, Division 7, "Community Business (BC)" Article I, "Definitions" Article X, "Temporary Uses" Article XI, "District Regulations" Article XII, "Supplementary District Regulations" Article XIX, "Community Design Guidelines" Article XVI, "Improvements" Article XVII, "Landscaping" Article XVIII, "Signs" Article XI, Division 8, Sec. 22-808, "Hotel, convention, trade center" Article XI, Division 5, Sec. 22-696, "Office Use" Article XI, Division 6, Sec. 22-721, "Office/Retail" Article XI, Division 8, Sec. 22-791, "Office Use" Article XI, Division 8, Sec. 22-803, "Office Use" Article XI, Division 9, Sec. 22-8e3-"Office Use" U . . . . . . . . . . . . . . . Exhibit A to May 21, 2007 LUTe Memo . . . . -x ' .,' ' .' ,..' ' .. ,,..,u'l ..' .' . ,.. cO '- . ' ~'- . _.nA'" ~. ~ --_.-~ , , .' , ~ -;:. . '"T -:>.. ~ \\ lW ySE \ 1 \ 1 \\ ~"'G''''''~ . ~ . _,r. --:-;-;' . 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'" .' - : ~ -g., ~ \ <<l <' p.. \ '\ <' I r.. ~ '. .. ~~ ' 1 . r, ~ . . ~ " ~' ; '~ 9 ~ ;; v , ~ , i I ~ . ;; ,~ ' , 1 . . : ~ ~ , i ~ :~ ~ " . ~ " B ~. \ I ,~, ' . ~ ,c ,. , 9 . : ~ ' " . i, ~ ~ ' " . I ~ : ,j t ,. ~ , ~ 'c '",- l \ \ , , '~; ~ ; ~ ,i ' :' ~\ ~ ~~ . !:i i tl;. ~'H" ~ p . ~ " I p . , i ~ ~ Ii t ~ ~t ~ ~ l\i\ ~ ~\ ~ \\h\n\ \ ~ ~ <t ..... c;! ~ ~, \ - G ~~, <7 <:> <:> i ~ ~, -i 0 .... '" ~ 1 ~ '" "~\~ ,.; '-"" ~\ g ~ <7 .... .... '" ~ nU \\\\ 6 7- r ..; 9- ~ .,; !l .!!. ~ ~ l!. ? ; t i -0 ! .. E. ... .!S ';':0 1 .. .q ~ .!! ;t. u ~ ~ ~ .S! ~ :;. ! ~ .. ~ ~ -;i. j ,. , " ~ .. ~ a ~ , c ~ .. .' i, ' . , 1 ~ { . ~ .. " 1- , ~: . , ~J ' ,; ~ '~ \~ ,if. i j; , ~ ~~ i. ~ : : . ~ : ~ .: ~ ~ . ~ &' .. ~' . " ~ ~ b ' ' '. :, ~ , ~ 1,' ~ h 1> .i . i/ ' : -' , ~ . . e;. p- ~ l ~ . ,: ' '; " ;' ~ . " ~ , y . . ~ ~ ~~ ~ '; & i-P , . ' ' ' ' ~: ~ . ' . . . p-' ,f. , ~ I ~ . ~ ~ . ~ i . ,l!' " ~ ~ ~~\h U ~ , . \ ~ illl\ \1 , ~ -l ~ ~IO , I~ JIll!'d ~ ~' .;:.;:. ~I. ~ ' ~ ~~ ~ \'~ ~ ~~ ~ ,;.:;. ~ ~ t ~ ~ :,. , ~ 1\1 , .' ~ . ~) ~~U" \~ ',~~. t ~ . L' ~ 1 1 ~d ~ r '5!. -g., ... c. .g 1 ! ~ 1:\ ::> "" ~ ~ ! .. & ] 'to 'i, ~ .!l .... ,0 \ .. '" ,,, o ',~ ~ ! u ~ "" % ~ (611910'1) . D-" 111 "COlI\mercian>nter rise Article 1(1, District Regnlat1~n~. Dl~1~1~n"10 "'BusinesS yark (BY)" (FullJ Replaces E..-g ",1Sl0. . 22-861 M,,,,o\a<totlo ",d 1',odO<"OO Ge""..t. ~ . d' th o..-nerda\ ente1'tlrlse ICE' \he fo\\OWinl!. uses stan be nenn.1tte In e c "".: ~~ S 1V\in1tnutnS Required ~ . ~ ~ 'lards ~ ~ ~ '"' p.. '6 e ~"Oe: ~~ ."p... ~ ~ ~ a .~ s ~ .~~ .~~'-' %'~ '(j-, '% " ta ~.~ :> ta 0''' 3 ~ ~ '$*-1;; c'-p... ~~ ... ~ USE ~ \~0- ~~ ~ 1 ~ ~~ See note \2- ~ ~~ ~ 12 \ \~ ~ ~ _ ",b' "" to Ih"" uti"" ",' .""" '" ,,,,,bI' Ih" """," USE ZONE CllAR'f d THEN across for REGULA. 'no'NS D"""'\O~S' ",I'S" "",.- ,,0' u"'" ,.=- ZO~E CE Fabrication of eta las' ~one~\ ~\Il~ ~oTa~ ~ pre mtion "ff~ ~~ ~ FOT U)!\nufac~ ' ~l\1i~deflnedln ~ /\1\ @nufact~n ~~ ~~ SPEC\;\\' REGULA.'nONS AND N01'ES ,~"'" ;"fun'u'..-................ _. .. , "-",, · "" ,~..... n".....' ""'" ,oO """" -.., ".."".... See no procesS 1, 1\, 1ll and 1'l aTe described in ~~ 2-2-151 - 22-156, 22-16\ _ 22.70 22-186- 22.4\\' ~ n-S6.1 Warehause _ Distribution _ Stor...e facilities - 'fruck s.. s - Au......tive emlssloUS testin fadlities. , ._ .1-.P '''llU\ations and notes set forth in this section: USE ZONE CHART ~ DIRECTIONS' fl1<ST. -' do"" '" find "" ..' THEN, -, fa< _UU\TlONS ~ M" o \mmu-ms ~ Required ~ Yards G ~ <I> <I> .., o g ",p.. .g % ::> ,~ r;r;. ~~ USE ~\l5. QDYi!h ~ ~ ~ ill ~ ~ ~ ~ ~ ~ ~ ~es and other ~ ~ ~ ~ ~ve emissions testin ~ ~ :2 ~ \ \~\ ~ '(J; c :3 g i:ii ~ \>.< fQ.Jh \~ ~ See note \4 ~ ~ 11 ProcesS \, U, III and IV are described in 99 22, 35\ - 22,356, 22-36\ - 22-70 22-386 - 22,4\ \, 22-43\ - 22,460, respective\y, .....,^" "^" -;;;- g"Ol' B .. ::> .~~~ thdi :2,:J:rFl - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ <I> .., ~ Po ",rFl e on 's'S r;r-'6 ~~ Ware' ~.\ ~ ~ ~ fUll ~ ~ ~ ~ ~ ~ ~ ZONE CE SPECIAL REGULATIONS AND NOTES l '- f'" - inf""""''' ,-' """n. ..d ",,1cinIl """ '" \ 22,\376 ,I "" _ For details of what may exceed this height limit, see 9 22,\046 et seq, __ For details regarding required yardS, see 9 22-\\3\ et seq, 22-863 Commercial nhotol!ranhv - Communications - Product tes.tin!! - Industriallaundrv facilities. -..- --..-..... -........... ....._~. ....-- ....................'-" u.. ....... _'"'u................... _.u......v.."".... ,................, Lo....UU.' ""....v "'...... ",v "II"" ."".........Q....V..., "-flU ..V"'''''"' .,"'" .lVil,.lllIl Ull" O>""'-'UV.I. USE ZONE CHART ~ DIRECTIONS: FIRST, read down to find use, " THEN, across for REGULATIONS Z Minimums 0 ... Required E;;; '" Yards '" ZONE ..:i '" Q) Q) ;;;l u ,...... ~ " 2 ::c e.....~ c:>. CE ~ "OQ.. ~ "O~ ~ ~ Q) ::l 0 ~ .~ fR N ~ e-.a .- Q) Vi i:l ...... ..c C) ::l ,_ ; ::l ,- 0"> -0 Q) ~,~ ::> O"~ SPECIAL REGULATIONS AND NOTES USE ~~ 2 "0 ~ ::d!c$5 ~~ ..J "'" Vi Commercial photographv, Process .u 20 f1. See 40 ft. Determined 1, These uses mav not be located on propertv that adioins a low or medium density residential zone. cinematography, video or film II or acres note 2 above on a case- 2. Minimum side and rear vards shall be 20 ft. along residential zones and 15 ft. along all other zones, production with See note 12 average by-case 3. If approved bv the director of communi tv development services. the height of a structure may exceed 40 ft. above average building SEPA. See building basis elevation (AABE)' to a maximum of 55 ft, AABE, if all of the following criteria are met: (a) The increased height is necessary to Radio. television and other Process note elevation accommodate the structural. equipment. or operational needs of the use conducted in the building, and/or all ground floor spaces have broadcast studios; commercial III 14 (AABE) a minimum floor-to-ceiling height of 13 ft. and a minimum depth of 15 ft,; (b) Height complies with note 4; ( c) Height over 40 ft. is printing. publishing and allied to 55 ft, set back from non-residential zones bv one additional ft, for each one f1. of height over 40 f1.; and (d) Roof lines are designed to avoid industries AABE a predominantlv flat and featureless appearance through variations in roof height, forms. angles, and materials, 4. Building height mav not exceed 30 ft. AABE when located within 100 ft. of a residential zone. Research. design. and See notes 5, No use or activity mav be conducted that involves the release of toxins. noxious gases, smoke. fumes. dust. odors. or other development facilities whose 3 and 4 discharge on neighboring uses or natural svstems. primarv purpose is product 6, Outdoor storage areas shall be located to the rear and/or side(s) of the principally permitted structure, testing, (If the primary purpose 7. These uses shall cause no inherent and recurring generated noise or vibration perceptible without instruments at anv point along a is not product testing. &22-868 property line. exceot transportation and deliverv operations typicallv and customarilv associated with the use. and provided that such ~ operations are not audible from a residential zone on a regular or recurring basis. 8, The subiect property must be designed so that truck parking. loading. and maneuvering areas; areas where noise generating outdoor Industrial laundry facilities. uses, storage. and activities mav occur; and vents and similar features are located as far as possible from anv residential zone, linen supplY, diaper services conforming residential use. natural svstems, and public rights-of-way. 9, No maximum lot coverage applies, Instead. the buildable area will be determined bv other site development regulations. i.e., See note I reauired yards. landscaping. surface water facilities, etc. 10, For regulations pertaining to outdoor use. activity and storage, refer to FWCC & 22-1113, 11, For community design guidelines that apply to the project. see Article XIX, 12, For landscaping reauirements that apply to the project. see Article XVII, 13, For sign requirements that applv to the proiect. see Article XVIII. 14, For other provisions of this chapter that mav apply to the subiect oropertv. see & 22-946 et sea, 15, The development must contain at least 1,5 acres; provided however. this use may be conducted on a lot of an v size if: (a) the lot lines defining the lot were lawfullv created prior to the March 1. 1990; and (b) the applicant has not owned anv contiguous lot or lots - since March 1. 1990, Process I, II, III and IV are described in C L For other information about parking and parking areas, see ~ 22-1376 et seq ~~ 22-351 - 22-356, For details of what may exceed this height limit, see ~ 22-1046 et seq. 22-361 - 22-370 For details regarding required yards, see ~ 22-1131 et seq, 22-386 - 22-411, 22-431 - 22-460, respectively. Final Draft 6/19/07.doc U-86.llI...rdoUS ".s" tr..t...., ..d sto" . _ Cheri.a! .....I..turi.. - Gr.'" b.tcb ulan' - T,.n>ler statio.. Tho rollo~in' ",.. ,b,ll \< -'''''' 'n tho -,,,... USE ZONE cBART ~ DjRECTlONS' FIRST, "" down" ond"'" . .' mEI'. "'"" 'n< ..GDLATlONS o Minimums ... ~ ReQuired Yards ... 8 ~ ZONE CE g o -o~ .~ % ::l .~ <::r> CZCZ ~\ ~ .<:: c............ .~ ~ ~ 0 e (/'J \ 8 \~ .\nt .., 3 Ii: '(i) CZ ~';C(/'J ~ ~ Po -o(/'J 0) cD ,s.S <::r"6 CZ~ SfECIAL REGULATIONS AND NOTES mical ~f ctuunringn ~.. m d related ~ ~ , batch ~ ~ ~\~~~~ 1Y- l ~ ~~~ miliill ~ ~ ~ ~ ~ ~ ~ ~ USE ~ ~ ~ ~ ~ ~ ~ ~ ~ pyocess 1, \1, III and lV are descriOCd in *~ 22-35\- 22-356, 22-361 - 22-370 ."viee re air _ Sell ..rviee stora e- '[0" end taD IoU. .'-a ....<m\ations and notes set forth in tbis section: USE ZONE CllAR'f '" DuillCflON" pJl'ST. "'" down .. ."" "" . .' T>ffil'l. ,,- to< IlEGIlV,nOll' ~ Minimums ~ ReQuired 'lards < ~ ... 8 ?. ~ "'" ""P- ~ .~ ~ ::>,.. ~~ '2 S65 Vehiele \JOet end e nI ...n..ales renla1 ~ Tho fu"O.~' """ .hol' '" "'""'''''' ~ .. """n.'"'' on'" ~ 'if, :3 z ~ ~ 0.> "" 'if, r- S ~ ::! '0 ~ S$~ ... t>fl t) t~~ ~ ... \100 ~ ;2. USE ~ ~ ~ ~ ~ ~in~ ~~ ~m~ ~ ~ ~ ~ ~ ~ ~ ~ ill ~ ~ ~ ~ Process \, n, \U and rv are described in ~~ 22,35\ .. 22-356. 22,36\ .. 22,370 22-3&6- 22.41\, 22-43\ .. 22.460, res\,>ective\y, zoNE CE '" 0.> ~ !E ~t>fl .S'~ g~ p:!'P- SPECIAL REGULA'fIONS AND NOTES aU other ~ ~ ~ ~ ~ ~ ~ ~ ~ 11 ,lations, i.e. Po< ""'" 'n_ti"" _, ,.....n....,.,.... -- '" \22-\116" "". po< _'" of _ ..., ,,,",, "'" ""gh\ om" '" \,,-1046 " "". ---= Po< _" -'''''' """,<nd ,~". '" \22-' ,31 """. ~ 22-866 Retail - Bulk retail. The following uses shall be permitted in the commercial enterprise (CE) zone subiect to the regulations and notes set forth in this section: USE Bulk retail sales. as defined in this chapter. which may include, but is not necessarily limited to products such as lumber. paint. glass. plumbing, electrical. heating fixtures and suoolies. fencing and other building products: household goods. furnishings. aooliances, and equipment: agricultural or horticultural products: and related items I l Process I, 1\, 1\1 and IV are described in SS 22-351 - 22-356, 22-361 - 22-370 22-386-22-411, 22-431 - 22-460, respectively, Final Draft 61l9/07.doc USE ZONE CHART 00 DIRECTIONS: FIRST, read down to find use,. . THEN, across for REGULATIONS ;Z M' , o tmmums E: Required <( < ...l < ;;;J " "" " Process II or with SEPA. Process III I, Minimum side and rear yards shall be 20 ft, along residential zones and 15 ft. along all other zones. 2, If approved by the director of community development services, the height of a structure may exceed 40 ft. above average building elevation (AABE)' to a maximum of 55 ft, AABE. if all of the following criteria are met: (a) The increased height is necessary to accommodate the structural. equioment. or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor-to-ceiling height of 13 ft, and a minimum depth of 15 ft,: (b) Height cornolies with note 3: (c) Height over 40 ft, is set back from non-residential zones by one additional ft, for each one ft, of height over 40 ft,: and (d) Roof lines are designed to avoid a predominantlv flat and featureless apoearance through variations in roof height. forms. angles. and materials. 3. Building height may not exceed 30 ft. AABE when located within 100 ft. of a residential zone, 4, The subiect property must be designed so that truck parking. loading. and maneuvering areas: areas where noise generating outdoor uses. storage. and activities may occur: or vents and similar features: are located as far as possible from any residential zone, conforming residential use. natural systems. and public rights-of-way. 5. These uses shall cause no inherent and recurring generated noise or vibration that is perceptible without instruments at any point along a orooerty line. except transoortation and delivery operations typically and customarily associated with the use. and provided that such operations are not audible from a residential zone on a regular or recurring basis, 6, Except as may be allowed under & 22-1113. outdoor storage areas shall be located to the rear and/or sider s) of the princioallv permitted structure, 7, Forregulations pertaining to outdoor use. activity and storage. refer to FWCC & 22-11 13, 8, No maximum lot coverage applies, Instead. the buildable area will be determined by other site development regulations. i,e,. reauired yards, landscaping. surface water facilities. etc. 9, For community design guidelines that applY to the proiect. see Article XIX, 10, For landscaoing requirements that apoly to the proiect. see Article XVII, 11. For sign requirements that apply to the proiect. see Article XVIII. 12, For other provisions of this chapter that may applv to the subject property. see & 22-946 et sea, \3, The development must contain at least 1.5 acres: provided however. this use may be conducted on a lot of any size if (a) the lot lines defining the lot were lawfully created orior to the March 1. 1990: and (b) the applicant has not owned anv conti l!:UOUS lot or lots since March 1 1990. I L- For other information about parking and parking areas, see S 22-\376 et seq, I ,,, d..d"fw"'l =y ",,0I1h;, ""hllhm, ~ i 22-1046 " "q. For details regarding required yards, see S 22-1131 et seq, , , .., u o ... -oQ.. e ~ .- .., ::l ._ 0"> ~~ ;2 .., I I g ,!::j i: ~I! C/) .3 2 "'" 12 acres 20 ft.ISee note 1 See note 11 See note 10 I E~3 :3 0 ~ E - ::l ._.c ...... >< bIl U OJ .- E ::E~oo 40 ft. above average building elevation (AABE) to 55 ft, AABE See notes 2 and 3 1 for each 300 sa. ft. of gross floor area '" ~ P, -000 .., bIl '5.5 c:r~ ~~ ZONE CE SPECIAL REGULATIONS AND NOTES 22-867 Retail. l!eneral and specialty - Manufacturinl! and production. limited. ~ --- -- ..--- --- -~- .- -_ ____u~.__ ~.. n__ _~~.~~~_&_~_. _...._. .nn." "-'&.JI .....~..~_ ......." ................. ......_ ..""b...u..........u..... .......... u........"'.. .."'.. .........LU. U.. ........ .."''''"..vu.. USE ZONE CHART rJJ DIRECTIONS: FIRST, read down to find use, . , THEN, across for REGULATIONS :z Minimums 0 .... Required E- o( '" Yards '" ZONE ... '" '" '" ;;;l u u ~ e "'- "'- eo CE ..c: E .....~ l>. fol -0"-- '" al ;:1 0 ~ -orJJ ex:: ~ ~ N ~ S - ::l ~ bIl .- '" V3 ~ .- ~o ._ l: ::l ._ '" to ::l ,- 0"> .3 ~ '., E O"~ SPECIAL REGULATIONS AND NOTES USE ~~ -0 ~ ~~ II.. V3 ::E:I:rJJ General and specialty retail Process None 5 ft. See 40 ft, I for each I, Minimum side and rear yards shall be 20 ft. along residential zones and 5 ft. along all other zones. sales, as defined in this chapter, 11 or with note I aboye 300 SQ. ft, 2. If approyed by the director of community development services. the height of a structure may exceed 40 ft. which includes. but is not SEPA. average of grOSS above average building elevation (AABE) to a maximum of 55 ft, AABE and four floors, if all of the following necessarily limited to. products Process See note 10 building floor area criteria are met: (a) The increased height is necessarv to accommodate the structural. eQuipment. or such as groceries, produce, and ill elevation operational needs of the use conducted in the building. and/or all ground floor spaces have a minimum floor- related items; drugs and (AABE)' to-ceiling height of 13 ft, and a minimum deoth of 15 ft.: (b) Height comolies with note 3; (c) Height over 40 personal care products: books; to 55 ft. ft. is set back from non-residential zones by one additional ft, for each one ft. of height over 40 ft,; and (d) liQuor: hardware: nursery or AABE Roof lines are desilmed to avoid a predominantlv flat and featureless appearance through variations in roof agricultural stock and related and 4 height, forms, angles, and materials, items; household goods: floors 3, Building height may not exceed 30 ft. AABE when located within 100 ft. ofa residential zone. clothing; variety: home 4. Drive-through facilities must be designed so that vehicles will not block traffic in the street while waiting in electronics; sporting goods; See notes line and will not unreasonably interfere with on-site traffic flow. and must meet the design guidelines signs: second hand merchandise: 2 and 3 established in Article XIX, antiQues: and works of art 5, The subiect property must be designed so that truck parking. loading, and maneuvering areas; areas where noise generating outdoor uses and activities may occur: and vents and similar features are located as far as Retail services including possible from any residential zone, conforming residential use, natural system. or public right-of-way. laundrv. drv cleaning, beauty 6, Except as may be allowed under 1$ 22-1113. outdoor storage areas shall be located to the rear and/or side( s) and barber. video rental. shoe of the principally permitted structure, repair. printing and duplicating 7. No maximum lot coverage applies. Instead, the buildable area will be determined by other site development regulations. i.e.. reQuired yards, landscaping. surface water facilities. etc, Manufacturing and production, 8, Forregulations pertaining to outdoor use. activity and storage, refer to FWCC 1$ 22-1113, limited. as defined in this 9, For community design guidelines that apply to the proiect. see Article XIX. chapter 10, For landscaping reQuirements that apply to the proiect. see Article XVII. II. For sign reQuirements that applv to the proiect, see Article XVIII, Other retail sales or services not 12, For other provisions of this chapter that may apply to the subiect property, see 1$ 22-946 et seQ, specifically listed in this zone 13, May be approved if the Director determines that the characteristics and impacts of the proposed use are See note 13 analogous to other listed uses and the proposed use is consistent with the comprehensive plan goals and --, I policies for this zone. Process I, II, III and IV are described in For other information about parking and parking areas, see S 22-1376 et seq. SS 22-351 - 22-356, 22-361 - 22-370 For details of what may exceed this height limit, see S 22-1046 et seq, 22-386 - 22-411,22-431 - 22-460, respectively, For details regarding required yards, see S 22-1131 et seq, Final Draft 6/19/07.doc USE ZONE Clli\R1' '{dEN for 'REGULA- '{lONS ~ DJRECflON" ,nUl'. "" - \0 find"" ..' " . ,,- . ~ Minimums ~ ReaU\Ted'lards :..t. '{j, .... ~ g e '"" -oP-< ~ ~ ~ 'S .~ ~~ ~tted \n the comm.cerda\ ent' .~ r/l p ~ ~ ~ r;, i: o ... \.l-< 3 ~\~ USE ~ ~\~ ~~ ~ ~ ~~ ~1ll ~ ~ ~ ~ hand ~ ~ose ~ ~"ct ~ ~~ ~ ~1~ ~n ~ Process \, \\, \\1 and N aTe described \n ~~ 22-35\- 22-356, 12-36\- 22,310 22-3%6 _ 22-4 t \,22-43\ - 22-460, rewective\Y' ZONE CE 'a ~ -;;;- %"O~ s'" a ... "6h v ~... S '$~r/l '" II> ~ p.. -or/l .~ ~ 5-'.>< II> 'a P:\P-< .~\ ~~ ~ ~ ~ ~ ~\o552 ~ ~, ~~ t10Qrs for ea~ ~ ~of~ 3and~ ~~ ~ other. site deve\Otlme.n.t '" ".. 'n'-''''' ."""' """'. ",d """" _. '" \ 22-"" """. ~' '" d""" of""" ""' ""'" Ihi' ",'gb' "",it. '" \ ,,_\046" "" '" ....'" "".,.in. ''''"''''' ",d'. '" \ 22'\ ,,\ """. ~ ,lations and notes set forth in tbis section: -USE z.ONE Clli\RT ~ . ,""N. oc"" ro' REGULATiONS S ~ "'" 6 ~ ZONE CE ~ .., '-' e ~c:w .. ~ .~ .., ::> ,~ 0'> ~~ .., '" r;, 3 ,...... \ .., -5 e....i>' .. ::> 0 ~ ... ~ ,;$ a g ~ 'ia ~,';!lg ,;; \ '" ~ \ ,.:l!~ ifh '" .., ~ fli '0 .., 01) 'S'S O'.:e ~~ SPECIAL REGULi\TIONS i\,ND NO'fES USE ~tel ~ ~\~ gDYilh ~ \ ~ \seenOte9 ill ~ ~~ ~ J:QQ!!l ~ ~~ ~,4. ~ ~ ro11.l Process 1, 1\, 1ll and lV are described in ~~ 22-351 - 22-356, 22-361- 22,310 22_386-22-411, 22-431- 22-460, respectivelY' \ _ '" oth'" ;nr_''''' ",,,,,,,.,..,.,... 1"''''' -, '" \2,-1376 '" "" L----:::::::: 'o' _'" or""" _ ",-, th" """,'limit, '" \21-t()46 '" "'. For details regarding required yardS, see 9 22,1131 et seq. ~.__l no.l\ 61\9107 ,doc \JSE ZONE CUAR1' '" DI..,::"ONSO FIRST. ",d do"" \0 6"''-'' ." T!ffil'. -, to< REO"'" TIONS ~ Minitnums ~ Required ~ Yards 6 ~ \JSE ~ ~ ~ ~ ~ ~ ~., ~ oft ~ t,) o ",0: ~ ~ .~ 0) '" ,~ <j''' ~~ ~ ~ ~ ~ ill :2 ~ \ \l\ ~ <i>. ~ ... &. .5 <i>. ~ 20 It \~ ~\~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ u. process 1, \1, \11 and IV are described in ~~ 22-351 - 22-356, 22-361- 22-3'10 22-3&6 - 22-4\1. 22-431 _ 22-460. respecth'elY, ~,......"" A.-..r. ZONE CE oft 0) .-.. ~ ~.....~ !Ji '" 0 t!. ~ bll .s~% 'S~ ~.~ ;:l tT ~ ~~~ ~t. ~~ ~~ ~~ ~~ ~ ~ ~ SPECIAL REG\JLA-1'lONS AND N01'ES ~ ~ USE ZO'l'lE C\1AR'f d '\lIEN across for Rf.,G\JLKflONS '" DIRECTION" FJl'ST. ",ddo,,""' nn ""..' ' ~ M\nirnUtfIS ;. Reauired '{ ards < .... G ~ ~ 1M fo\\owiW * 8 o ~p;. e ~ ,~ 0.> ;;l ... a'~ ~ft. ~\~ \1.Ql ~ ~ ~ 111 USE ~t ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .lations and noteS set forth in tn\S section: z.O~E CE ~ r}J "0 .... ~ e \.lo< SPECIAL REGULA'f\O'l'lS A'l'lD'l'lO'fES 2J1. ~ ~ !gr. ~ ~ ~ gg}1 ~ ~ ~ ~ I\at\ons ~ ~ 'ned ~\n'; ~. on bas\S ~ 22-\\\3.. See note lO f'" _ """"",,,on _, """'" on' """n, .,,",. '" \ ".\316 0'"'" \ _ f'" ."'", 0'....' .., .-. lb" """'" """' '" \ ,,-I 046 ~ "",. L--:::::::::==- f'" d""" _",n, ,,"""" ,.ro', "" \ 22-1\31 "",,,. ProcesS \, n, U\ and N are described in ~ 22-35\ - 22,356, 22-3\ _ 22,370 22,3'O6-22,4ll. 22..43 \ _ 22-460, resllecUve\'j. 22-872 Entertainment - Adult entertainment. activity. retail. or use (adult uses). The following uses shall be permitted in the commercial enterprise (CE) 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 REGULA nONS sa Minimums ~ 'Rpnll;r"",ri V':lrrl(' <( , .... ~ C "" Cl:: USE Adult entertainment. activity, retail. or use (adult uses) , ., Q) u 8 ""~ ~ ~ ,- Q) ::l ._ r::r> ~~ Process II or Process III (with SEPA): QI Process IV See notel.b Process I, II, III and IV are described in ~~ 22-35] - 22-356, 22-36] - 22-370 22-386 - 22-4 II. 22-431 - 22-460, Final Draft 61 I 9/07.doc :2 fn Q) I] I ~ '0) N ::c: ;;; ~ 0 Q) .... >< "" os os ..J ;;; ~ ::E None 120 ft. 110 ft,IIO ft. See note 2. See note 2. ., Q) ~ p.. ""CIl Q) bll '5.5 r::r~ Q) os c.::~ See note 2. 40 ft, above average building elevation (AABE) I for each 300 sa. ft. of grOSS floor area ZONE CE SPECIAL REGULATIONS AND NOTES ].a. Exceot as soecified under note (I)(b), this adult use may not locate or be conducted closer than the distance noted below in any of the following, whether in or out of the city: (I) Within] ,000 ft. of anv residential zone or any single familv or multiole familv residential use outside the commercial enterorise zone, but not including nonconforming residential uses in the commercial entemrise zone: (2) Within I 000 ft. of any oublic Dark: (3) Within 1.000 ft. of an v libraTV: (4) With 1.000 ft. of an v dav care center for children nurseTV, or ore-schoo]' (5) Within 1.000 ft, of an v church or other facility or institution used orimarilv for religious OUTDoses: (6) Within 1.000 ft, of any oublic or orivate elementarv or secondaTV school: and (7) Within 660 ft. of any other adult uses, The seoaration required between an adult use and any sensitive use descnbed above in notes (I )(a)(I )-(6) shall be measured from the edge or comer of the orooertv of such sensitive uses to the edge or comer of the orooertv of the adult use. The seoaration required between adult uses shall be measured from the ooint ofoublic access among the buildings housing such uses, That nonrestricted DOrtion of any oarcels or buildings not included within any oorrion of the above referenced 1.000 ft, setback areas may be used for adult uses. Lb. The city may. using orocess IV, aoorove this use regardless of its oroximitv to the uses and zone soecified in note (I )(a)(7), above based on the following criteria: (I) The extent to which the toool!fllDhv or ohvsica] features of the area would result in effective seoaration in tenus ofvisibilitv and access: (2) The comoatibilitv of the orooosed use with nearby uses: (3) The lack of availability ofaltemative locations for the DroDosed use, based on the requirements of note (I)(a) above: (4) The availability of transDortation routes to allow motorists and oedestrians to avoid the orooosed use if they wish to do so, 2, The City mav, using Process IV, modify required Yard height. landscaoe and buffer and other site design and dimensional requirements for a oroDosed develoDment that meets the following criteria: (a) The orooosed develooment will be consistent with adoDted comorehensive Dlan oolicies for this zone: (b) The ofOoosed develoDment will be consistent with aDolicable design guidelines: and (c) The streets, utilities, and other infrastructure in the area are adequate to suooort the orooosed develooment. 3, No maximum lot coverage aDolies. Instead. the buildable area will be determined bv other site develoDment requirements i.e. required yards, landscaoing surface water facilities, etc. 4, For community design guidelines that aoolv to the Droiect. see Article XIX. 5. For landscaoing requirements that aDolv to the Droiect. see Article XVII. 6. For sign requirements that aDolv to the Droiect. see Artic]e XVIII. 7, For other Drovisions of this chaDter that may aOD]v to the subiect orooertv, see & 22-946 et seq. 1- I I Fo"thtt ffif_tioo ,b'''l - md 1>"kio, -. = i22-1376 ct "q. For details of what may exceed this height limit, see 9 22-1046 et seq, For details regarding required yards, see 9 22-1131 et seq, See note .LQ 22-813 ~. ~'win' "'" ,,,," '" -,,"'" in ,M -'" "'~ THEN across {or REGOLp..TIONS 0\,,"<:,\0"" f~''''' w find u" . ' ~.1v\i~ ReQuired 'lards USE ~~sit ~~ ~ ~ rfl 'T- 9 ~ ,..;: 6 ~ ~ \ " e ~ '<:l p.." ~ ,~~ .~\ ~\~\ ~ '3" t '0 ~ 'r;, ciI. ciI. ciI. ,.l I"" ~ 11Jll 'tb Y!l-, ~ ~ 111 ~ public '{>arl<s and transit shelters: Determined on a case,'oy--calle 'oallis, '{>rovided.20 {t, along residential Z.ones See note 9 Process \, \1. III alld \\1 ate described ill ~~ 22-35\ _ 22-356. 22-36\- 22-310 22,3%6 - 22..4 n. 22-43\- 22-460. resgecuvet'j, \3SE z.o~E CllAR'f ZONE CE .... o ~ ,9!! & S " %s ,,. .., ~s ~r.Il sptoct.-.L ""G\JL,,~IO"S ,,"" "o-rf.S <J> ~ ~ "a ell '5 .S '3"~ cil.p.. ment ~t, ~ ~ ~ at\on 5 ~t~ ~ ~l ~ ~ ~ ~ ~ .~ ~ ~ ~ ~ ~ ~ ~ ,m """ .....-.....,...,.. "" ,.""" - ... , ". "" ".. W ...'" of .... ..., "",", ,hO ",i."'''''' "' , ,,-, "" " ... ,. ..." ~",",,' """'" "'" "' , ",' '" " .. .......-------------------- 22-874 Personal wireless service facilities. - --- ----- .. .-. ---- -.--.. -- __.____.__ ___ ____ __._u________ ______ .___ ~ _~___ ___ ___ _~ n._ __ _.__.~.__ ._ U~___ __w ~~. W.. AU nu_ ___w.~... USE ZONE CHART en DIRECTIONS: FIRST, read down to find use. . , THEN, across for REGULATIONS :z 0 Minimums - !( '" Required Yards '" '" ..J " " ZONE ~ u u 0 ;;: os C .... ~ '0 ~ r:>. Iol -ot:l-. " g -0 en CE ~ ~ ~ N " E ..... ::l ~ OJ) .- " Vi i:: '-" .>(~u .- <= ::l ._ " ; ::l ,- 0'> -0 os .;) E O'~ ~~ 8 -0 ~ ~~ USE ..J I'I. Vi ::E::r::en SPECIAL REGULATIONS AND NOTES Personal wireless Process I. None See notes I and 4 Refer to & N/A 1. For developed sites. the setback requirements shall be those of the principal use of the subiect property. For undeveloped service facilitv III, or IV 22-967 for sites. the setback requirements for new freestandin~ PWSFs shall be 20 ft, for front. side. and rear vards. maximum 2, Subiect to meeting all applicable development standards, the review process shall be Process I. except for the following See note 5 for See note 2. heights for proposals: allowed types of allowed a, Process III for the following proposals: PWSF's Wlli!f (1) The PWSF is located within 300 feet of a residential zone; provided the PWSF is less than 15 ft. above the building or PWSF's structure, plus anv height granted under & 22-967(b ): or (2) The PWSF is located on a structure that is a residence or school or contains a residence or school: provided the PWSF is See note 3 less than 15 ft. above the structure: or (3) The PWSF is a new freestanding PWSF; except as provided in note (2)(c), b, Process IV if the PWSF is a lattice tower accommodating four or more providers, c, Variance process pursuant to Article II. Division 8. of this chapter for the following proposals: (I) The PWSF is collocated on an existing PWSF and is more than 15 ft, above the existing facilitv; or (2) The PWSF is located on a publiclv used structure not located in a public right-of-wav and is more than 15 ft. above the structure; or (3) The PWSF is located on an existing structure in the BPA trail and is more than 15 ft, above the existing structure: or (4) The PWSF is located on an existing structure in an appropriate public right-of-wav and is more than 15 ft. above the existing structure. plus anv height granted under & 22-967(b ): or (5) The PWSF is located on a building or structure that is not a residence or school and does not contain a residence or school: provided the PWSF is more than 15 ft, above the building or structure. 3, Maximum allowed height for a new freestanding PWSF shall be the minimum necessarv to provide the service UP to 100 ft.. plus anv height l!fllnted under & 22-1047, A PWSF shall be allowed up to 120 ft, if there are two or more providers: except that a lattice tower of between 120 ft. to 150 ft, will be allowed under a combined application offour or more providers, 4, All PWSFs shall be landscaped and screened in accordance with Article XVII of this chapter and the provisions of the PWSF development regulations. At a minimum. a five ft, Tvpe III landscape area shall be required around the facilitv. unless the community development services director determines that the facilitv is adequatelv screened, 5, New freestanding PWSFs are allowed subiect to height limits and collocation provisions, PWSFs are allowed on existing towers. on private buildings and structures. on publiclv used structures not located in public rights-of-wav, on existing structures located in the BP A trail. and on existing structures in appropriate public rights-of-way, Refer to & 22-967 for development standards applicable to allowed types ofPWSFs, ----, L-I Process I, II, III and IV are described in I For other information about parking and parking areas, see ~ 22-1376 et seq. ~~ 22-351 - 22-356, 22-361 - 22-370 For details of what may exceed this height limit, see ~ 22-1046 et seq, 22-386 - 22-411, For details regarding required yards, see ~ 22-1131 et seq, 22-431 - 22-460, respectively, Final Draft 61\9/07,doc n-~'5 l\!,Ultl_IlUIIUOUslU . . , t..o>11 be ne.......;tted in the coro111ercia\ enterorlse The followtUO uses s~"- - ~ c1:\f\R'f GD USE 1f.) ----;'-ONB CE NO'fES ~ A1l0NS l$GUL SYECIAL 'fHE'N aC1'OSs for REGULA.'flO'NS ~ DfR.CllON" FI"" ",d d_ '" "'" "" . . . ' Z MinirnutrlS S ReGuired 'lards ~ ... ~ ~ ::::> PTOcess \, \\, 1\\ and 1'1 aTe deSCribed in ~~ 22-,5\ - 22-,56, 22-,6\ - 22.,10 22-,86 - 22.4\\, 22-43 \ _ 22-460, Tewective\y. , d'" .-as see ~ 22-1316 et seq, fOT otheT information abOut -paTklng an -palo-till!. ",y , , ,\" \' 't,see' 22-\046 etSeq, f T delllils of what tna)' e1<ceed tblS \lelg"t nUl ~ ~''.,...'" """".......,......., ,,_n" ~... '" ~ ~ ~bl) ... ~ ~ ~ \ '%-'~ $% ,~ S ;2.p... ';t.<Jl ~ hove ~e ~ ~n ~ ~ ~ teS ~ d4, ~ USE Ij. ~ ~ ~ ~ ~ ~ Article XI, District Regulations, Division 7, "Community Business (Be)" (6/19/07) USE ZONE CHART m Z o - ~ 'O",nll;TPA V!lrrt~ ...l ;J C \iIil " USE ., '" <I) U o ... -o~ e ~ .~ <I) ::l ,_ ~~ Gffiee-tIse. Medical and dental offices; banking. financial. real estate. insurance, and other professional offices; research and develooment facilities whose orimarv puroose is not orod.l.lccttesting; Process II Pessible NOne Precess III. or with SEPA, Process III ~. General and soecialtv retail sales, as defined in this chaoter which includes. but is not necessarily limited to, products such as groceries. oroduce, and related item&.d.ru.lts and Continued on next nage Final Draft 6119/07,doc <I) N <Ii '0 ..J 'g ... ~ ;;:- g ~ <I) :a -0 ~ <Ii Oft Oft Oft, ~t20 ft, along residential zones See notes ~ 1 and 9, 35 ft. above average building elevation (AABE) to 55 ft, AABE and four floors See notes I and~l. ..... o e .:E:B OOU ~~ '" <I) g r:>. -om e on '5 .S a'~ ~tf General office and retail: I for each 300 sq, ft. of gross floor area area Mixed uses and limited manufacturing and oroduction: Determined on a case-by-case basis ZONE BC SPECIAL REGULATIONS AND NOTES (Continued on next page) USE ZO~E Cl:lART 22-'751 Office/retail. (continued) '" VtRf-C-nO'''' FIRST, "" dO"'" " ,,,," "" . . . 11\EN, ,- '''' ~ -nONS rs Minimums ~ ReQuired Yards < '"" G ~ Zo~E Be Sl'ECIAL \tEGUL" -nONS ,\ND NO-rES USE *\ i g ~ . Z - ~II; ""C>- u o~ <)oll .~~ ~\ '%\~\ ~\ ~\ \ 1\ Ii. Ii. ~ !;; c;, Ii. "'" ~. . . db'" oli' ",,>> _-' un""'''' ",i"i~ """ '" 4. AccesS to and fro~ drive:tbTOUgbl f~~\l\tl~ ~USt''''~' ~:iti::i' ,,,,,,.. wi"~' _Mb>' ,,",... wifu ,,,,," designed so tbat veb\cles W\U not b OCl' trau\C \n ,,,e s...- ~~~"'" -- ~:~~, Manu cturln an tion Ii 'te, ~::~ CQmID\' di v ~nt services i the ro s ""-'- ,I n ici fort1ll~. 1\,' 22-1\\3 6, OutdoOr,use, actlV\W and st?rage ~.~~dla"'I::' j .,. "'....k....... '" """"""" b,""" ,,~_. 1 '" "".- ",,,,,.,,,,, -.... . ".... - . . " IS' r.....'.'.-t<d buffers parKin" lot 1andscaving, surface water fuc\ht\es, ell:, requrrernen ,\,e" ........._ ," . ' 1 XIX ,. f~"'- "''''' """'""'.. "'" """ ,- ... - ' . , f~ """""'" __ Oo' "",,, "" -'" -" ""n ,0. f~ "'" __ """", .'''' ",;~.. -" ""~.. """" "'" "",. "" ,..oio" -' '" "" ~""" \\. _". ".,,,....." -';""~~. "':'7',,;;...,......-- ,- "',"" ,- ~, ". nOo' """ "" "'" '" _~ ", ' ":. '; d d'" ,-,", ",,' ~ -- .db ~ i '" "" " "~. .' . '" .._~ adopted co\11PreheUSive plan goals and pol\c\eS for tluS zone. ~ Retail establishment providing laundrY, dry cleaning, beaut)' and ba{ber, video rental, ef shoe ~ ~and dunlicatio services _ ",,,.duri~ ~l' '~ted eenot<; ~ ? ,~_ ""..- _ ,...",D\,.... _.... ".\\16" "" ,~ ..."' ,f''''' "'" ,- fhO "","' ","' ... ! ".,,,,,, "". Other retail not specificaU)' listed in tbis zoue~ ~ ~. See note 12 for details regarding required yards, see 9 22-113\ et seq, Process 1, n, In and tv a{e described in 9922-35 1- 22-356, ".36" ".,,0 1______ ".,,,,,,-4\\. ~ ,,-43" ,,-460. -'~'" ~ (0<. .,. ,~"0" "".. .,. ~,o.<>3; ""- .,. ,..,10, ! 5, ,.,.., ~ ~.." ""- .,. 0>-'15,' ", ,0-,.00' , . ' . . . ' ' .1 \ ,- \ _ ~ ~\\\l\ .. ;::= ~ \\\ \, ~ 1 ~~~ ~1~~- -~ .... U~ · .. ~ \ ~ ~\\ \ ~~. ~\\\\\\\\\\\\\\ \\\\ . .' \~ . . ' \ ...' ~ ." F ~ ~ , b "" . n', ~ ~~ ~ ~' . ,. ;," ' , .:' '" ':.~ ~ ''; .' tl -l ~ .' ~ ~ l " l ~ \i .( ~ ~ ~ , ~ ' ~ , . I , . ~ , ! ~ i ~ " ~ " ~ . ~; ~ ~ , ~ ~ ~S , ;~ ": ~ "' t I~ t ,b.. ~ '.., ::; .' Ii " ~ ~ ~ .;' ) ~ . J : i; c;' 't ~ ' ' , ; ~ ~ '- ' . ~ ~ , . ' h' , . L ~ , , . . -li , . < ~ J " a "~ ~. ~ ' ' ~' : ~ ~ ~ ' , ~- , ' ~::;t i i~.'t t . ~ ~ . . ~' f ~ HhUi :::= 1\ ni \1 Ii .... U.1"- ;" ..-... U1~ \~ -' U~ll .. ~ 1 ~~u"t ~ ~\\\\\\\\\\\\\~\\\ \\ \n\\ . !l.,! l, ~ ... ~ ;~ :: ~ ~ t ~~ , .~ .~ & ~i 'r 5.. ~ ~) ~ "~ -l . : , . " .. ~::: <1' i' ~ ..: ~ .~ ) " ~ , : L '" " f .a. " ~ s , ... ~ i ~ ' , ; < .~ s..~: i i .. :;' ; . ~ ' ~ ~ ~. ": ~~ .. ; o~. , . i ~" , l ~ ~ . . " i '~'o , )~. :' ( l~ . ~ ,{ ~ ~. p , ~ p' il '..:~ ~ ' ' 9' ~" . ._ , ' ~, . ,.. ,. 'I < ~ . " ,. " ..~ ' .~ ~' .~~~ " . ~;"d B~ ~,\' ^' 5.. 5.. ;' J i' , .,' :' :' . '.' i ' " I ,d..~ I.<.~ ~ , ". . " .. " , . " \ . i f ~ .I, <., ---- \ :~~\~ \\ forth in this section' . t "'*"'" - GenerallY.:. 22-'15;2 Enterta\nroen ,...~_. ~ ' _ 'tted In the conununt 1he following uses shall be "emu: . , 'tHEN, across for REGUv.. 'tlONS USE ~ ., u o .... -oP- .~ % ;) .~ 0-'" && oft, ~ e IJ- :2 g ~ " -0 -r;, ~ -r;, :3 ~ ~ ~ ~ ~ Reta1\ estabtisnment providing entertainment, recreational or cultural se1"'ices or activities Process n INone ~ ~ ffi,Q!: ~ ~ ~ ill See notes ~ '7 private club or \see notes lodge 1 and 4 Healtn club, golf course, driving range, indoor pistol range, bingo \1a\\~ ~ ~ ~ ~ Restaurant or tavern Fast food restaurant I: process \. n, 1\\ and ware described in ~~ 22-35\ _ 22-356. 22-36\ _ 22-3'70 22-386 - 22-4 \1, 22-43\ - 22-460. res9Cctivet)'. ~ & 'O~ ~... "'6hu .<) S ';t.rJl 35 ft, above average bu1\ding elevation ~ ~ ~ ~ ~ See notes 1,-4 and Wl zoNE Be _""'" .~u~.... .~O~S AND ~O'fES n ,C OtberWlse determined on a case- by-case basis L- 'MoO<' ",_.,.~ _"",-,_'" ,,_13"""" '" ...'" of"" "'" .,,,... "" "."", ,... .. ! ,,- ,,,,,.. "" ----= ,,,- .""""......,...,.., "."" .."". ~ - \ 22-7541 V.hid. ..d equlp....t s.les, s....ice. rep.ir. on<! rent.1 - Self s.T"1<' ~to'" · {a.lIides~ ~"-- ~ . Th' foUowin' us" sbaU be oernntted in 1he co",","ui'" business (Be) zo.e sub,ect to~US and noteS set fortb '" WS ",,,,,n; USE ZONE CIlART DlR~WO "n.,.re . .' THEN, "",. 'O' ro;oULATIONS M~ ReQuired Yards ~ \ ~ . . ~ " ~ ~ 0""" p. :.t.... ,<::, "" <Q ~ USE ~,~ \ ~ \ ~ \ ~ \ a \ ~ \ \ ,\,~ " a> - 0 ~ · ." .. ~ Ii. Ii. 5 ~ " " "'~ ,,~ -Yebic\e service station or car wasb Process 11 INone ~ ~ l\-lQl :ID!h ~ ~ ill Retail establishment l'fOviding vehicle, boat, or tire sales, service, rel'air, ~ and/or l'ainting ~ ~ Mercbandise and equil'ment rental facilities, excluding beaVY equi?ment rental ~ ~ ~ ~-~ ~ ~ next nal!e' ZONE BC SPECL'L REGUL,,'nONS j\.1'lD NoTES 35 {t, above average building elevation ~ ~ ~ Rental and rental facilities: I for each 300 sq. {t, of grOSS floor area ~ ~ otberwise: Determined on a case-bY- case basis ,. B.Il"" "" hU'" "'" ""'" 30 . ""BE _ ,.,,"" ",<h" ,OO..f ",,'donU" '-"'" " " "'., on' '" """ """ twO "m," .."i" ".u"" " '" Y i."",,"" . ,,4. 0.. ,.", ",,",,,, ,_,,, "" ",,,,,,~,.,,, i""'" ",yon'" d_ ,n'" 25 ft. " ",y ",""", ,m' 0."'''''' ""ki" an' -,,, "'" ",y "'" '" ,- ,,,.. 1 0 .. " anY """"" 'm'. · "" p'''' ,,'s<'" " 00 "" "de O' "" an' ,,,,ioo me''''''' "",i.-c -, yanI re<h"k ,. "" \l. . ..' . ~ See notes ~ 1, l,andU (continued on next ?age) ,,,,'" mr- _....., "" P''''' -, "" "-",,.... process 1,11,111 and 1Y are described in 9922,351 - 22-356, 22-36\ - 22-370 22-386 - 22-4\1, 22-43 t _ 22-460. respectivety. For details ofwbat maY exceed this height \itnit. see 9 22,\046 et seq, ========--'''-'''''''-'''''''''''' "" "-",, .... 22-1543 Veblcle and eaolo..eot ,ales, ae.viee, reoal.- aod reotal- SeIlae"".e ,tora.e fa.llides. USE ZONE CHART DlRECT!ONS' FIRST, "'" do"" '" fm' '" . .. TIlliN, ,,"'" fN REG' J1A TIONS MinimumS"" ReQuired Yards USE ~ ~ ~ ~ ~ ~ ~ S ~ "" G ~ <ft <ft ., <.) o ... 'QP- ,g % ::l .~ ~;> ~~ ~.."'!^., An... ~ if, :5 r-- ~ ~ ~ if, 'O~ ~g '0 ~ ';I:~ g ~ \a ~ '" 1:l .. 1Ji 'Q ., bO .~ C ::l'~ ~-'e ~~ ZONE Be SPECIAL REGULATIONS AND NOTES 6. ^"'" """ ""'" """ ",,' ""'''' ,..,lin. "'" '" .'''''",''' u""" !hi' ",ti'" ",!, If, ,. ."!din. in,..' """ ,"'.. ,.;Ii..", ,,,,,,,,tuf do" f"'"" ,~1<. .in><, odo<, N .., olh~ ill"""'" '" ",i"'borin' ,,'" """ "'...' ",_; pro"'. "',""""". u'"' """ "..., ",- - ",idonU! ",\lin"""""'" or discharge of hazardous material and pollutants; b. All _ ......ti"", -'", "mulin' """ ""in"''' '" -'- wi!hin on""'" bU'!diU"'-- For other information about parking and parking areas, see ~ 22- \376 et seq. .:.....,\s of what may exceed this height limit. see ~ 22-\046 et, seq, 11-7SS! ScbOOls - Day care lacilities - Cb....hes ~. Thc lollow"w uses shall be nennitted in the '0_"'"'" businesS (BC' zonc subioct to the re USE ~s~ 13usiness... Elf vocational ~,or trade scnools Day care facilities, excel't Class II nome occupations .lations and notes set forth in this section'. USE ZO~E c1:lJ\R'f ZONE Be Sl'ECl,u, REGIlL"'flONS,l.ND NOTES ,~ v; v; 8 e ",P- ,~ t ::> ,~ <:;f?o C2.C2. '" ~ ",f); .~ ~ ::>'~ ~.!t. cl~ ~ rJJ :3 Z\ "'" ., ~\\ .\ o ... $3 bl)" ',; S iJ: rJJ C2. ';t.U'l Process II \ None ~ ~ m,gr. ~ ~ ~ ill ~ ~ ~ ~ ~ 1 cnurcn, Synagogue or otter place of religioUS worsnip ~ ~ ~ ~ process I, 11, 111 and l'l are described in ~~ '2'2-35 I - '2'2-356, '2'2,361 - '2'2-370 '22-386 - 22-41 \, w"''' of''''' .., _ "" ",,",,' Ii"" .. · ".,,"'" "" :::::::::::::=='M",1i _, """"",,.,..... ".\1" · "". 22-'75'5 M.ulti-unit housing. The fo\\owin< ese' ,ball be oennitted in "'~ Process 11 n-lane ~ ~ m,Q!. ~ ~ ~ ~ \lll ~~ ~ ~ ~ ~ USE \} ~nit na\,\sing (~ ~ stacked dweihng units) ~ations and notes set forth in this section: -USE ZONE CllAR'f ~ ~ Sl'EClAL REGULA nONS M'llNO'fES ~ DIJlBCT\ONS' FIRST. "'" dO"" to find "" . .' ",EN. ,,- fo< (UlGULA -nONS z. .... ' o l'Il\n\rnurns ~ ReQuired Yards :..t ... g ~ ~ VA ., u o .... -0""' ~~ ,~ ., :;l'~ a-" r2.r2. oft ., ~ !il -0 ., t)l) .~ s g;;.o ., 'a >Z""' :<2 ~ ~ ., -0 'r;, 'a r2. .... ., o 'S ~~ '-;;) ~ O:;<Il ., N 'r;, :3 'C o l- I-" ~~ft, ~ abave averag.e ~ building senief elevatian ~ ~ ~ ~ ~ e!2eterrnined See nates an a case by \ and €I 1 case basis "ri~^'. <na~ ~ ..' : " " '~...t\S' ....d.l~.tead,..b_-.i\i;._...bY-;;;"~-"'-"""....- '1, N.o tI\lI1<\InUlllI.ot c.overage \S es...,,"'" ,'~ , . ' buffers, parking l.ot landsCaping, surface water fac\l1tles, ?tc, , ,. ,,,,.-"""''''_ "",,,,,,w"1-'" -" "'" ,. ,o<.....-m' ",_ "'" ",,\, W ~ - ... ^",," ",^,. , ' IS that applY to the pr.o)ect, see Artlc\e )('1111- \~.~';:~"'. W- __,....-"'....."".., ",\YW" ",,",'_. ". ,"',.."._ ",.."" W .. _,,, 0"-"' ... , "-,,, """. s.sUl<: co' '''' ....' "'f_"" "", ,""",...,.- ...,. ... · "."" ,,'" pr.ocesS 1. n, H\ and 1'1 are described in ~~ 22-35 \ - 22-356, 22-36\ _ 22-3'10 22-3\\6 - 22.4\\, 22-43 I _ 22,460, respectively. ,. .....' of .\0' .., ~.... m. """" ,,,,,, ... , ". "'" " "" ~ ,. _" ~..d'" "',,..,..,...., ,,-, '" "",. ~ r'_.\ f)raft 61\9/01-doC 22-75==1-2 Hotel~ &F : motels. The followin. uses shall be permitted in the ,ommunity busineSS (Be) zone snbject to the regnlatious and note' set forth in this section, ~ DIRECTIONS' FIRST. ,,",, down to ."" "" . .. TIlEN. "''''. f~ REGULA,IONS ;2 Minimums ~ ReQuired Yards ,.J 8 ~ ::::> USE l} Hotel or motel '" '" <I) g -gel: .:: ~ ::s ._ !~ Process n INone ~ ~ ffi,gr W1h SEP& ~oce~ ill ~ .} <I) N u:; :3 z g ~ <I) .", u:; ~ ~ 20 ft. [Q. ft. ,0 i!: fucept 20 ft, ~ residential ~ See notes ~ 6 L process 1, 11, III and IV are described in Ss 22-35\ - 22-356. 22-361 - 22-370 22-386 - 22-41\, 22-43 \ - 22-460, respectively. USE ZONE CHART a ~ 'O~ ~o .- E ~<F.l '" i -g~ .S~ a'a ~p.. ~ ~ SPECIAL REGULATIONS AND NOTES ~ 45 ft. above average building elevation (bABEl, 1Q.55 ft. MIili ~ figQ!]. ,. Inhi. "" "''''''''' """."y ......ng. """" tion ~ _ t1>ci ti.,,, .., win I< ""d bY'''''''"' oth" thon """,hl ,",'0 " tho 'o~\ ~ ""~\. tI< d~ ""Y "",i", "'dition" ""'in, " , _by<'" b"i.. "''''' " th' """, ond ,,"'" of th~, ,,,,"0'>' facilities, 3. ' ;:;:;... " ... _.."" ;_ Bmldin I<' '''''' "" ",,",30ft MaE ""'" \"",to! within \00 ft 0," """oob'\ wn'. 4. No _"""" \m """'''' ,. ,,""b'ttol. """,d. tI< ""i1<Wbk .... will I< ",,,,,,,'0", by 0,"" ,I" d""\O,""'" "",'t_on. i,e" required buffers, parking lot landscaping, surface water facilities, etc, 5, For community design guidelines that apply to the project, see Article XIX, 6, For landscaping requirements that apply to the project, see Article xvn, 7, For sign requirements that apply to the project, see Article XVIIl, g. Rd'< to ! 22 -946 ~ "'t. to """,,"" "",. 0,"" """ioo, of thi. ,""'" "'" ..ply to .I< ",,*,1 ,top<rtY. See notes 1 and 3 I L For other information about -parking and parking areas, see ~ 22-\376 et seq. For details of what may exceed tbis beight limit, see ~ 22-1046 et seq, F or details regarding required yards, see ~ 22- \ \ 3 \ et seq, (Q><l No. ,..., , U ".,5). 2-2"W, Q><l No. ,~, 00. , "E"" .). H"" Q><l No. ,. ". · 5. ,-,-", Q><l. No. "."" · ,. ~, .n Final r>rafl6/19/07.doc 22-7581 Hospital facilities - Convalescent centers - Nursing homes. ---- ----- ".--0 -....- --- -- -.... ....---- ~..... - ---- .... --- -- ---- - -------, ---- - - --- -- -- - -0- - ------ ---..-- --- ---_.- --- --- --------- USE ZONE CHART DIRECTIONS: FIRST, read down to find use, " THEN, across for REGULATIONS 00 Minimums :z 0 '" ReQuired Yards '" ~ ..... '" ... " " --( 2 :2 ~ BC ..J '0 ~ Po ~ "010-.. " g "000 ~ ~ ~ N ~ _ ::l ~ bJl .- " U3 i: ,.c:- ._ c:: USE ... ::l ._ " a bJlU ::l ,- CI:: 0"> .3 8 "0 '0 E O"~ jJ. ~ ~~ ~ U3 ~ ::Coo ~~ SPECIAL REGULATIONS AND NOTES Hospital Process II None 20 ft, Oft. Oft. 35 ft, to 55 Determined I, If approved tlw-ellgh precess III bv the director of community development services, the height of a structure may exceed facilities, Pessi-ble Except 20 .!1 above on a case-by- 35 ft, above average building elevation (AABE)' to a maximum of 55 ft, abeve average bllildiflg elevatiofl AABE, if all of convalescent P-r-eeess ft, along average case basis the following criteria are met: (a) The additional height is necessary to accommodate the structural. equipment. or centers or IH-,QI residential building operational needs of the plIftie-lI-laf use conducted in the building. and/or all ground floor spaces have a minimum floor,to- nursing with zones elevation ceiling height of 13 ft, and a minimum depth of IS ft.; IlfIEi (b) The sll&ject property dees flet adjeifl a resideAtial lOOfle; alld homes SEPA. See note s4-aAd 5 (AABE) Building height complies with note 2; (c) Basil reEjllirea yard abllttillg tile strllcrure is illcreased elle ft. for eacll elle ft. tile Process strllcrure Ell(ceeds 35 ft, above average i'llIildillg elevatieA; afld Building height over 35 ft. is set back from non-residential ill See notes I zones bv one additional ft. for each one ft, of height over 35 ft.: and (d) The iflcreased Ileight will flOt bleel( views and 2 desigHated by tile cemprelleAsive plllll; Rooflines are designed to avoid a predominantlv flat and featureless appearance 8ee--oote through variations in roof height. forms. angles. and materials.aRd (6)The illcreased Ileight is ceflsistellt '.VitA goals and + pelicies fer tile area of tile sllbject preperty as establislled by tile cemprellellsiye plaR. 2, If aRY pertiell sf a slfuclure SR tile sll&ject propert)' is '.Vithifl 100ft. sf a resideRtial lOORe, tileR that portion of the strllcrure sllall flOt exceed 30 ft. aboye average bllildillg eleyatioR aRd tile strllclure sllall be set bae1( a millimllffi of 20 ft. frem t-Ae property lifle of t-Ae resideAtial ZOfle. Building height mav not exceed 30 ft. AABE when located within 100 ft. of a residential zone, 3, 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. 4, For community design guidelines that apply to the project, see Article XIX. 5, For landscaping requirements that apply to the project, see Article XVII. 6, For sign requirements that apply to the project, see Article XVIII, 7, Refer to ~ 22-946 et seq, to determine what other provisions of this chapter may apply to the subject property, I I Process I, II. III and IV are described in For other information about parking and parking areas, see ~ 22-1376 et seq. ~* 22-351 - 22-356, 22-361 - 22-370 For details of what may exceed this height limit, see ~ 22-1046 et seq. 22-386 - 22-41 I, 22,431 - 22-460. respectively, For details regarding required yards. see ~ 22-1131 et seq, Final Draft 6il9/07,doc 22-758 Senior citizen - Special needs housin~ The followinl! uses shall be nermitted in communit USE ZONE CHART ~. FIRECTlONS FIRST _ ,~d do~ '0 .00 0" . .. THEN. -, f~ REGULATIONS 9 1= Minimuni ~ I Reauired Yards "" ~ ~ ~ ~ lations and notes set forth in this section: USE L Senior ci tizen or glecm m;W housing ~tacked dwelling !illiill- ~ \ \ \ ~ 8 u 8 Z a ~~ u ~~ ~~ 1:!~ ~ ~ ~., ~bll .~ <I>'~ "" .<: ., ,~ c= g.'> ~ g .g la ,!:!l u g.:g ~~ 3 '" JJ~~\ ~~ ~ ~ Process lll~ or with SEPA, rroce~ III. WJ1 Determined Q!} a case by case basis SPECIAL REGULATIONS AND NOTES ~ notes 5 and 8 See not~ Und2 other site develonment reauirements' Process L J1, III and IV are described in gi22-3S1 - 22-3~ 22-361 - 22-370 22-386 - 22-411., 22.-431 - 22-460, resrlectively" Final Draft 6/19/07.doc 22-159 Group hOmes. ' rrnitted in tbe conunUU1 The fo\lowinl!. uses sball be l1e notes set fortb in this section' o","c-nONS' fl~"" '" find ",' . .. TIlEN. ",.,.. fo< """",-"nONS ~'M~ ReQuired '{ards 'LONE Be "-' '" 7-. ~ S 0 ~ ... ."P-< ~ ,.;1 ,~ t 'r;, USE ~ " .~ e::r';> ... ~ ~~ .3 Group nomes process None type n.!\., 1'1 GrouP nomes ~ type \1-B W ~ o ?;:: '" ., ~ p. .,,"-' ,~ ~ " '.:t Z~ ~P-< \. .. ",<'I"" ""'"W in """""ph.' ... "''''Wh'~ f""~t>;:'h~;'''l'''und 0< ", ,." ",>t,,, -""" '" follOwi'" ,..,~~ ,::::.:: :::;~~:~~..:: f.,,; "" ,,,;... "",0< of'" """cl 0< P"'l"'" 0< ""d ." .""", _'" ..' ""'" w",h ",,1""l""" ." u '" '" __:. ,,. n ..... """" "" m 0< ""i" -''' lro",\I''''''' (2) 0\'''"''''''' ""f ,.000" """,.., _ ~. ""'", ;,.;"." "" "",,"i"" ;".\l_u ^""'''''' "",in. hOusing, as ~efined by ~\S chapter;,~dd" _~. ,;,::,; "".,,, ",...,,,' of \to .""",,t> '" "" .""' .,ocifiw " b, the C\ty may, uSing the specn\e reVieW ~~ss, ~t'l' paragraph l,a, abOve, ba~~d ...ontht'nte fOo\~~:o';'~ f_ of I'" "" wonld ",.It 'n ,ff<<ti"" "","""" ",-' (\) the eJ\.tent to Willcu e op e.-,JuJ ,JUJ eJ\.isting uses and the proposed development. 7,\ ~ ~::~::'::i.~:,:' :r~'~:: ,;:::::-; :'j"","'"' "" ",,,,, on "" "",- <<'I.i"""'" (4)"" _, '" ,mi'lt ""","""," """,... wi'" """"""dic health, safe\ty, and we\fdarbe~ the state includinG , d . u. 11 ,_ '" ".l'I""""" <<'1m"" . ' 2. "" f,,\lit> ",d ._'" ""''.'';f;:'::' :"", ",,11 '" """"'" '" "" ""Ii" -"""" ",,,,,,, 1""l""" ,,,,ft,,,,,,,, .... "" 00"""'" 0 T .11 ,,,,,, ,.... "" ""m"'''''''' f,,\lit> ""'" """ ,,",,,,"'" fo< ""h ",,\I,"":' ""f"" f":';'\ ";w::'n: h""d "",., ,,_. '" .;""'" """ "."", . 3, the p:Ogratn tnust be opeffrated undenrs~~~eaa'"d 0;: ';,,~ ;:;.",""" '" cit> 0"''';'' "-",,. '" -''''' ""',- or propnetor, to whotn sta are respo Wl ," pertaining to the faci\ity, . . d .w n ,_' .~""".", '" "" ,- of ,Ii"" ",d '" iu """" 4. "" ",ili" will"'" """'~ ,,,,,,,,,,,,,,,. '" -'" "" , '" of 0"""'''. . "." "'" "",'mil' to. "" ",,, _",,"" """ to. .""'" """"",,ution. 5, the. subJect property tnU~dt be S\tudatethe, _i'~ ",d ",if"'" "",...0, uti,,"''' I'" ",id"'~ ,fth"- shoppmg, health care proV\ erS, an 0 continued on next a e L- ,~_ "'..-_ .....~, "",.-_... .12-""~"" W ""I. 0''''' ,," ,- .. "'''''..... .. · ".,,,,, ~ "". Sl'ECIAL BEGUL,\.TIONS ,\.lID NOTES Determined on a case- by-caSe basis, \' For details regatding required yards, see 9 22-\ \~\ et seq, procesS 1. 1\. 111 and N are described in 9~ 22-~S \ - 22-~S6. 22-36 \ _ 22-~ 10 22-~S6 - 22-4\\. 22-4~ \ _ 22-460, resl'Ccti.ve\Y' ==--------- _.....\ nmft 61\9(07 ,doc 22-'759 Group homes. (continued) Th' following u"s sball be ~onnitted iu tbe ",,,,,,,,,," USE zo!'ffi CUAR'f DlRfCf\ONSO f~."" '" fl.' ",' . .' """', """, '0< REG"'"" "ONS ~M~ ReQuired Yards ZONE Be \ '0< ""'" .,_.., ""'" &' """" "'" .. · 2~""'" .. SYECIAL l'EG\JV.1'10NS ,\!W NoTES {/l \ if> Z ~ o 0 ~ .... g ~ 'Oe ~ ",P-<" .. ...::l , e ~ ,~ ... ~ ~ '0 uSE ~ '% '%\ ~ \ ~ \ ;\ \ l \ l ~ I-'l ~~ ..;l t:- {/l ~ '" ., ~ fj; "6 oil 'S,S "'~ ~~ ,o..ft 61\9107,<1oC ~ 22-760 Social service transitional housing. ~ 2 - . - - - - ----- - -- . -- - -- ------.------- --- ------ - -- , -- USE ZONE CHART DIRECTIONS: FIRST, read down to find use, . . THEN, across for REGULATIONS f/) Minimums :z 0 '" Re~ uired Yards '" ~ - '" !;;; " " <.> ~ Be ...;l e ;2- '0 ~ Po ;;;; ~c... " ~ 'Of/) ~ ~ ~ N ~ _ ::s ~ OIl .- " Cii I: ..c- ._ r:: USE r.l ::s ._ " l;j OIltJ ::s ,- c=: 0'> j ~ ~ 'OJ E O'~ ~~ ~ " l;j u => Cii ::I:rn ~c... SPECIAL REGULATIONS AND NOTES 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, to determine what other provisions of this chapter may apply to the subject property. 10, If approved through the specified review process, the height of a structure may exceed 35 ft. above average building elevation (AABE), to a maximum of 55 ft, AABE, if all the following criteria are met: (a) The additional height is necessary to accommodate the structural. eauipment. or operational needs of the ~ use conducted in the building. and/or all ground floor spaces have a minimum floor-to-ceiling height of 13 ft. and a minimum depth of 15 ft,; and (b) The SH&jeet property does not adjein a residential zene; lHId Height complies with note 4; (c) EaeH re(jHires yard abHuing the strnetHre is inereaaed ene ft. for eaCH one ft, t-He slrHelur-e exeeeds 35 ft. aba'ie average bHildillg elevatien; and Height over 35 ft. is set back from non-single-family zones bv one additional ft. for each one ft, of height over 35 ft.; and (d) The inereases HeigHt will f10t bloek views designated by tHe eOffi!lreHeIlsive plafl; Roof1ines are desil!:l1ed to avoid a predominantlv flat and featureless appearance through variations in roofheig:ht. forms. angles, and materials; lHIS (e)The illcr-eased height is eallsistellt wit-H goals alld polieies fer tHe area of tHe sHbjeet )'Ireperty as establisHes by the eaffi!lfehcllsive )'111m, I I L For other infonnation about parking and parking areas, see ~ 22-1376 et seq. Process I, II, 111 and IV are described in ~~ 22-35 I -- 22-356, 22-361 -- 22-370 22-386 -- 22-411, For details of what may exceed this height limit, see ~ 22-1046 et seq, 22-431 - 22-460, respectively. For details regarding required yards, see ~ 22-1131 et seq, (Ord, No. 94-223 ~ 3 (G), 10-18-94; Ord, No. 96-270 ~ 5, 7-2-96; Ord. No. 97-291, ~ 3, 4-1-97) Final Draft 6119/07.doc 22-'161 GovernUlent facility- . d 'm roIUun'r The fo\\owUl' usessbal\ be oeT""'" "' e '0 .. -rtlEN across for REGULA 'noNS D"",cY'DNS' fiRST, "" - '" "nd ",' . .' '''.' . -t. Minimums S ReQuired 'lards ~ ~ G ~ \lSE <J> g o .. '<:lp... ,~ t :).~ ~~ Government faci\i' 20ft, ~ .. ~ ~ ~ ~ ~ '... ifJ ~ .ti>. :3 Noue Govemrnent , ~rocess faci\i\)', ?ub\lC l\ ?ar"-s, aud ~ trausit shelter ~ m,Q!. ~ ~ ~ 111 ~ ~ proCess t, n, tn alld N are descr\bed ill ~~ 22-35 \ _ 22-356, 1.2.36\ _ 21.-310 21.-3\\6 _ 21.-4\\, 22.43\ _ 22-460, res~ct\"e\)'. 'a ~ '0 %n '<) ':t ~e ~% '~ S '$ifJ Nb\ic ?ar"-s', Determined on a case-by,case basis !.tioUS an<loote' set forth in \hi' ",tion. USE 'LO~E CllAR1: 'Lo~E Be <J> ., ~ '<:l9; \ ~ Sl'ECv.L llEGULA.'\'10NS N'lD NoTES ., 'a '" ~ . \ t ",",,'" ..' """"to' """""" .,.., . "If ""'""" ~. "" '"'''''' of -' do" ~ ""'oc 55'" A-~ iJ a\\ of tbe following cf\tena ueteflUtue' ~:;"llM \ t' ;:- ''P.El. to a 1f\ll.lUrnU'''' 1" =-- .' t' \ , " " _,,_ .",,,,,,., ",""" ~ '. ____ "",,,,",, ' 00 _, 0 0 "", "' ~y::::- :"".,. (.\ '" .dd''''''''' ",.."" ,_""t dOI.";~':t:;r~ ",,,, """,,,,,,,, -., ~\Of . d of t'-< "" "",,,,,,,," in "" "",\<I"" '" "". . . .' "I ,hi ,,0 '" bastS ~~s ,\I c+, ._A(b' \3 \\, on' . """,,,,,,,,, , .to'" ,. - . ' . . . . ~(,)~~;'~'''''~''''''''''\'"''''''~''''' ~~~~;:,~~~ss It, ofhei ht "er 3,5 ft"d at\: ~d redot1\iUaut\ {tat and fea\l!re\esS a' R""f\in'" ~, ,," ' '" ."", · . ..' ~s.~ '. ~~; . , , ",,,,,,,,,,...,,,,,,,,,,,, 2. """""" ,..... ""'~ '" -",.., "'.. .."'~ " :"" . . ." ,... , . . ... ... ~~ ~o'hI" "" ht "" no"""" 30 ft. MBB ."" ,"'."" .,..,. . .. ..,-"' . , \ ,,,,,,, II'" \\, of ,,\d ""." "'. ., \ , ,,,,, buM"''' ~.. "'. '" ~ by 0"", "w "," 4. NO .,..".,.", \01 ,",~.", ""'"."'~. . ,~:,,,,,,,.., ","'" ."a'" ,,,\\,""" '" ""0'-"' ,.'" """''''' bu:t 0:; ,.;.\, 10 "" O"'i'" '" "",d' ,,",. 5. '''' _,~ ''''''' "" '::' ;..", '" ,'" ,,~'" '" """" J<'/\\' . '''' \On-'" """,,,,,,,,, .". ^ , ~ J<'/\\\ 1 '''' "" """"""". ,b>1 ...." 10 "" 0<"1"" '" rt. '. 0' .;" -'" ma' ...." '" ..""hi'" """'" S. ",,, 10 \,,-",' " "". '" dO-' """:"" :::: "","_\0' .0'''' .."" ma' ",t<<< "" ....\".~~ 9. Mi''''''' """""'.. "",,_ _~ ", ""'~ --' """" """""n<' "'" "'," ,,,,,,,,,,,,,,,, bois',""'''''''' 0"""" "'" "",,~ 0 ,- not sign\ftcant\y i\1\\'lact adjacent ?ro-perttes, 'trausit she\ter: \ 5 ft, a'oove average building elevation ~ See uoteS \ ~ and 9 . . ," "" -"'" _ "'" ".1316" ",. For other \lIfort!l3-t\Oll abOut -pll,..\tlg r- , '1.' \'.....;t, see <1.2-\()o\6 et. seq, for details ofwbllt ma)' eJ',ceed t\1.\S be\g"t b.p " ,,,,...,, ......"....... ,... "" , ".11>1 " '" -------- 22-762 Personal wireless service facility. ---- ----- ..---0 ----- ---~-- -- .---------- --- ---- -----------J --------- ,- -f ----- --- --- -- --- --0---------- ---- ------ --- ------ --- ----- --------- USE ZONE CHART DIRECTIONS: FIRST, read down to find use. ., THEN, across for REGULATIONS Minimums '" Required Yards ;Z 0 '" '" I ZONE I ~ '" ., 8 -< u co os Be E: ;c a .: p. ...l "01'>.. ~ '~ "0'" ;;;l ~ i!; ., '" ~ co e,:, N ., a- u .- ., Cii @ '--' ,-~ '" '" .- .: ~ '" .- a "0 '" ,- SPECIAL REGULATIONS AND NOTES USE <:1"> .3 ., ~ ,- j ~ <:1"1::: ~ ~~ "0 ~ :s::1:! ~~ U => ~ Cii Cii Personal See None See See See Refer to See Not N/A I, For developed sites, the setback requirements shall be those of the principal use of the subject property. For undeveloped sites, wireless note 2 note 1 note 1 note 1 ~ 22,967 note 4 allowed the setback requirements for new freestanding PWSFs shall be 20 ft. for front, side, and rear yards. service for maxi- ona 2, Subject to meeting all applicable development standards, the review process used shall be process I, except for the following facility mum PWSF proposals: heights for See note 5 allowed a, Process 11I for the following proposals: for allowed types of (I) The PWSF is located within 300 ft, of a residential zone; provided the PWSF is less than 15 ft. above the building or types of PWSFs structure, plus any height granted under 9 22-967(b); or PWSFs (2) The PWSF is located on a structure that is a residence or school or contains a residence or school; provided the PWSF is See note 3 less than 15 ft, above the structure; or (3) The PWSF is a new freestanding PWSFs; except as provided in note (2)(c) below. b. Process IV if the PWSF is a lattice tower accommodating four or more providers. c, Variance process pursuant to Article 11, Division 8, of this chapter for the following proposals: (I) The PWSF is collocated on an existing PWSF and is more than 15 ft, above the existing facility; or (2) The PWSF is located on a publicly used structure not located in a public right-of-way and is more than 15 ft. above the structure; or (3) The PWSF is located on an existing structure in the BPA trail and is more than 15 ft. above the existing structure; or (4) The PWSF is located on an existing structure in an appropriate public right-of-way and is more than 15 ft. above the existing structure, plus any height granted under 9 22-967(b); or (5) The PWSF is located on a building or structure that is not a residence or school and does not contain a residence or school; provided the PWSF is more than 15 ft, above the building or structure. 3, Maximum allowed height for a new freestanding PWSF shall be the minimum necessary to provide the service up to 100 ft., plus any height granted under 922-1047, A PWSF shall be allowed up to 120 ft. if there are two or more providers; except that a lattice tower of between 120 ft. to 150 ft. will be allowed under a combined application offour or more providers, 4. All PWSF shall be landscaped and screened in accordance with Article XVII of this chapter and the provisions of the PWSF development regulations, At a minimum, a five ft, type 111 landscaping area shall be required around the facility, unless the community development services director determines that the facility is adequately screened, 5, New freestanding PWSFs are allowed subject to height limits and collocation provisions. PWSFs are allowed on existing towers, on private buildings and structures, on publicly used structures not located in public rights-of,way, on existing structures located in the BP A trail, and on existing structures in appropriate public rights-of-way, Refer to 9 22-967 for development standards applicable to allowed types ofPWSFs, Process I, II, III and IV are described in I I L For other information about parking and parking areas, see ~ 22-\376 et seq. ~~ 22-351 - 22-356, 22-361 - 22,370 For details of what may exceed this heightlimil, see ~ 22-1046 et seq, 22-386 - 22-411, For details regarding required yards, see ~ 22-1131 et seq. 22-431 - 22-460, respectively. Doc, tD, Final Draft 6/19/07 r \ \ "1l11 ~ r , ~ 1 1 . ~ '~ ~ . ~ ~. ~ IS . . . ,~ t ; r ~ ~ ' ~ . ~ ~. " : ' . ( f ~ . ;' 1 t~ ~ " ~ " ~ ' 1 '. ~ " ~ ~ \ . ~' 1 ~ ' "'a ; ~. . 1 ~ ' . ~ ~ ~ t . : ;- . ~ . ~.e ~ f,. f ; jo ~\. . . . 1 :: " ~ , r " ~ ~ . :'~ ' ' ;. - '(~ ~. - ~ ~ \ I ~ ' a ' . ~." . . , H ~ 0 .1' ' ~ - . ~ . ~ ) i' , ~ . . ~ .j " " ~ I :.' 1 ~. ~ ' ; . -y !'l . . ~ . ~ 't ~ .' ',. ' < -, ~ " , ( - . t - ~ .P.; " ~ ~ . h 'l' ~ ~ ~ j , ' ' ' " l..' :\ l' l t t - , '\'\\,'i. ~ ' ,1. A\""''- , \ -Ii f,. , ~ 1 ~ v , ,~ ~ !1il 1 I- ~ \1 , ; - .1 1 ~ ( 1 1\\'\ l \~ .. ~ ~ :I ) J . : ~ . , ,\ ~ '1 r-- . ~ J J ~1~ . - ,~ ~~ . ~ . \ ' - ~ , l- i - \\\~:. . :" ~ \ ~ l~\ la \~ \ ~ . ~~\l\ t\ i' - ~ ~tl * l s ~ ;0 s . , ;; /----------- (6/19/07) FEDERAL WAY CITY CODE (FWCC) Chapter 22, Zoning, Article I "Definitions" (in relevant part) 22-1 Definitions. Big hex r-ct61il means large seale retail that oeeupies more than 50,000 square feet aHd deri'les their profit from high sales volumes. Commercial use means the uses allowed in the commercial zones and the non-industrial uses allowed in the commercial enterprise zone, and not permitted in any other zones of the city, Industrial use means the uses allowed onlv in the inoostrial CE zones as listed in FWCC &22-861 through &22-864 and not permitted in any other zones of the eity. Industrial-commercial zone& means the BP CE zoning district. Manufacturing and production. general, means establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors, and is tvPicallv carried on for the wholesale market. Manufacturing and production. limited, means retail establishments engaged in the small-scale manufacture, production, and on site sales of custom goods and products. This classification includes uses such as ceramic studios: candle making sho~s: custom iewelry manufacturing: woodworking and cabinet making: manufacturing of specialized orthopedic appliances such as artificial limbs or braces: or dental appliances such as bridges, dentures, and crowns: production of goods from finished materials such as wood, metal. paper, glass, leather, and textiles: and production of specialized food products such as caterers, bakeries, candv stores, microbreweries, and beverage bottlers. These uses are distinguished from "manufacturing and production, general" by a predominant use of hand tools or domestic mechanical equipment, limited number of employees, limited sales volume, limited truck deliveries, little or no outdoor storage, typical retail hours of operation, and an obvious retail storefront with a public entrance that is in scale with the overall building and oriented to the right-of-wav. (Ord, No, 90-43, 9 2(3.10),2-27-90; Ord, No, 90-51, 9~ 1,2,3-27-90; Ord, No. 91-87, 99 2 - 4,2-5-91; Ord, No, 91-92, 9 4,4-16-91; Ord, No, 91-100, 94,6-4-91; Ord, No, 91-105, 9 3, 8-20-91; Ord, No, 91-113, ~ 3,12-3-91; Ord, No, 94-223 ~ 3(A), 10-18-94; Ord, No, 95-245, ~ 3(A), 11-21-95; Ord, No, 96-269, ~ 3, 6-18-96; Ord, No, 96-270, ~ 3(A), 7-2-96; Ord, No, 97-295, 93,5-20-97; Ord, No, 97-291, 9 3, 4-1-97; Ord, No, 97-296, 9 3, 6-17-97; Ord, No, 97-300, 9 3, 9-16-97; Ord, No, 97-307, ~ 3, 12-16-97; Ord. No. 99-337, ~ 2, 3-2-99; Ord, No, 99-348, 9 2, 9--7-99; Ord, No. 99-353, ~ 3, 11-16-99; Ord, No. 99-357, ~ 3,12- 7-99; Ord, No, 00-363, ~ 2, 1-4-00; Ord, No, 01-385, ~ 3,4-3-01; Ord, No, 02-424, ~ 3, 9-17-02; Ord. No, 03-443, ~ 3, 5-20,03; Ord, No, 04-457, ~ 3, 2-3-04; Ord, No, 04-468, ~ 3,11-16-04; Ord. No, 05-506, 93,10-18-05; Ord, No. 06-515, ~ 3, 2-7-06; Ord, No, 06-533, ~ 5(Exh, A), 9-19-06) Final Draft 6/19/07.doc (6/19/07) FEDERAL WAY CITY CODE (FWCC) Chapter 22, Zoning, Article X "Temporary Uses" (in relevant part) 22-555 Exceptions to permit requirement. The following temporary uses may be conducted in commercial and industrial-commercial zones, and are exempt from the requirements of this article: (1) Christmas tree lots which exist for no more than 30 days in every 365 days. (2) Parking lot sales which are ancillary to the indoor sale of the same goods, amusement rides, carnivals and circuses, which exist for no more than seven days in every 180 days. (Ord. No. 90-43, ~ 2(127.45),2-27-90; Ord. No. 94-209, ~ 3,3-15-94) Final Draft 6/19/07.doc SECTIONS: (6/19/07) FEDERAL WAY CITY CODE (FWCC) Chapter 22, Zoning Article XI, "District Regulations" (in relevant part) Division 7, Community Business (BC) Office/retail. Bulk retail Warehouse and storage Entertainment - Generally. Entertainment, eto, Vehicle and equipment sales. service. repair - Self service storage. Vehiole and equipment sales, serviee, repair and rental Commereial ';ehiele faeilities and yaffis-: Schools - Day care facilities - Churches - Animal kennels, Sehools Day eare faeilities Cffilrenes. Multi-unit housing. Multi unit housing. Hotel or motel. Hotel or motel. Hospital facilities - Convalescent centers - Nursing homes. Hospital faeilities COn\<aleseent eenters Nursing homes. Senior citizen. special needs housing. 22-759 Group homes. 22-760 Social service transitional housing. 22-761 Government facility. 22-762 Personal wireless service facility. 22-763 Adult entertainment, activity, retail, or use (adult uses). 22-764 - 22-790 Reserved. 22-751 22-752 22-753 22-754 22-755 22-756 22-757 22-758 22-861 22-862 22-863 22-864 22-865 22-866 22-867 22-868 22-869 22-870 22-871 22-872 22-873 22-874 22-875 Final Draft 6/19/07 Division 10. BusiRClss Pai'k (BP) Commercial Enterprise (CE) Fabrioation, assembly and distribution Generally. Manufacturing and production- General. Photograpmo, eommunieation and researoh. Warehouse - Distribution - Storage facilities- Truck stops - Automotive emissions testing facilities. Limited industrial uses Hazardous waste treatment Storage Chemical manufaoturi-Bg Ckavel batoh plant Lumber material yard Rootal of he a' I)' equipment. Commercial photography - Communications - Product testing - Industriallaundrv facilities. ',varehouses, v:holesale distribution Storage yards Rental fa-eilities. Hazardous waste treatment and storage - Chemical manufacturing - Gravel batch plant - Transfer station. Commeroial reereation Y ocational Trade sehools. Vehicle. boat. and equipment sales. rental. service. repair - Self service storage - Tow and taxi lots. Limited retail. Retail- Bulk retail. Restaurants. Retail. general and specialty - Manufacturing and production. limited. Hotel or motel. Office uses. Senior oitizen housing. Hotels - Motels, Government facility. Business. vocational. trade schools - Day care facilties - Animal kennels, Personal .,yireless serviee faoility. Entertainment - Generally. Entertainment - Adult entertainment. activity. retail. or use (adult uses). Government facilities. Personal wireless service facilities. Multi-unit housing. 22-571 Categories enumerated. The city is divided into the following zoning classification categories with the abbreviations shown: Zoning Category (1) Suburban estate zones (2) Single-family residential zones (3) Multifamily residential zones (4) Professional office zones (5) Neighborhood business zones (6) Community business zones (7) City center core and city center frame zone~ (8) Office park zone~ (9) Business park Commercial enterprise zones (10) Planned areas (11) Corporate park zone~ (Ord. No. 90-43, ~ 2(5.25), 2-27-90; Ord, No. 96-270, ~ 3(B), 7-2-96) Final Draft 6/19/07 Symbol SE RS (followed by a designation indicating minimum lot size per dwelling unit) RM (followed by a designation indicating minimum lot size per dwelling unit) PO BN BC CC-C and CC-F OP (OP-l - OP-4) ~CE PA (followed by a designation indicating which planned area) CP-1 (6/19/07) FEDERAL WAY CITY CODE (FWCC) Chapter 22, Zoning, Article XIII "Supplementary District Regulations" (in relevant part) 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 development, 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 and proposed landscaping and buffer on the subject property . (5) The nature of the outdoor use, activity or storage. including a detailed description of all items proposed to be stored outdoors. (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 standards: (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 architectural screening~ or combination of architectural and landscape features. approved by the director of community development is required around the outside edges of the area devoted to the outdoor use, activity or storage. (3) Outdoor use, activity or storage areas located adjoining residential zones or permitted residential uses may not be located in the required yards adjoining the residential use or zone. (4) If the outdoor storage area is surrounded on all sides by the industrial-commercial zones, then the height of the outdoor storage shall not exceed the height of the primary structure on the subject property. In all other cases, the height of items stored outdoors shall not exceed six feet above finished grade. (5) The outdoor use, activity or storage area may not inhibit safe vehicular and pedestrian movement to, from and on the subject property. (d) Exceptions to outdoor use, activity or storage. The following outdoor uses and activities, when located in commercial and industrial-commercial zones, are exempt from the requirement of subsections (b) and (c) of this section, provided that the use, activity or storage shall not inhibit safe vehicular and pedestrian movement to, from and on the subject property: (I) Outdoor Christmas tree lots if these uses will not operate more than 30 days in any year. (2) Outdoor amusement rides, carnivals and circuses and parking lot sales which are accessory to the indoor sale of the same goods and services if these uses will not operate more than seven days in any six-month period, (3) Outdoor dining and refreshment areas, including espresso carts. (4) Outdoor display of Jlehicles for sale or lease; provided that the display area complies with tfle parking area screening from rights of way requirements in F'.VCC 22 1567(e) all other applicable requirements of this chapter. Final Draft 6/19/07.doc (5) Year-round outdoor sales and storage of lawn and garden stock, which are accessory to the indoor sale of the same goods and services, provided that the use does not include outdoor play equipment, storage sheds, furniture or mechanical equipment. (6) Outdoor accessory sales area( s) adiacent to the entrance of the primary structure. if such area is fully covered by a pedestrian-height awning. canopy. roof overhang. or similar feature. that is permanently attached to the primary structure; and all of the following criteria are met: (a) the area maintains a five-foot wide unobstructed pedestrian pathway to the building entrance. and in no way blocks any required ingress/egress; (b) sale items are displaved only during normal business hours: (c) no coin-operated vending machines or similar items are displaved: (d) the area complies with subparagraphs (c)(I). (c)(3). and (c)(5). above: and (e) the area complies with all fire. building. and zoning requirements. (e) Gross floor area. For the purpose of this chapter, an outdoor use, activity or storage area will be used in calculating the gross floor area of a use or development if this area will be used for outdoor use, activity or storage for at least two months out of every year. excluding uses under (d). above. (t) Improvements. If the outdoor use, activity or storage is located on an unimproved area of the site, the underlying ground must be improved as required by the departments of public works and community development. (g) Modification. The applicant may request a modification of the requirements of subsection (c) of this section. This request will be reviewed and decided upon under process II. The city may approve the modification if: (1) The modification will not create a greater impact on any nearby residential use than would be created without the modification. (2) The modification will not detract from the character of any use. (3) The modification will not be injurious to public health, safety or welfare. (Ord. No. 90-43, S 2(115.105(3)),2-27-90; Ord. No, 96-270, S 3(C), 7-2-96) 22-1114 - 22-1130 Reserved. 22-1133 Structures and improvements. No improvement or structure may be in a required yard except as follows: (1) A driveway and/or parking area subject to the standards ofFWCC 22-1135. (2) Any improvement or structure, other than a driveway and/or parking area, that is not more than four inches above finished grade may be anywhere in a required setback yard. (3) An improvement or structure, that is not more than 18 inches above finished grade may extend not more than five feet into a required yard. (4) Chimneys, bay windows, greenhouse windows, eaves, awnings and similar elements of a structure that customarily extend beyond the exterior walls of a structure may extend up to 18 inches into any required yard. The total horizontal dimension of the elements that extend into a required yard, excluding eaves, may not exceed 25 percent of the length of the facade of the structure from which the elements extend. (5) Fences and railings not over six feet in height may be located in required yards subject to the fence regulations contained within this article. (6) Rockeries and retaining walls may be located in required yards if: a. The rockery or retaining wall is not being used as a direct structural support for a major improvement; and b. The rockery or retaining wall is reasonably necessary to provide support to a cut or slope. (7) Signs may be located in required yards subject to provisions ofFWCC 22-1596 et seq. (8) Covered walkways, no more than eight feet wide and 10 feet above finished grade and open along the sides, are permitted in required yards in commercial~ industrial-commercial, and office zones. (9) In low and medium density residential zones, the applicant may, through process III, request approval to locate a storage shed in a required yard, except a required front yard. The city may approve the application if: Final Draft 6/19/07,doc a. The proposed structure is no more than eight feet high above finished grade; b, The maximum length of the facade of the proposed structure parallel to each property line, from which the required yard is not provided, shall not exceed 10 feet; c. The proposed structure contains no more than 120 square feet in total area; d. No reasonable alternative location exists on the subject property due to special circumstances regarding the size, shape, topography or location of the subject property or the location for legally constructed pre-existing improvements of the subject property; and e. Permitting the intrusion onto the required yard will not create a material, negative impact on the character of nearby residential uses. (Ord, No. 90-43, S 2(115.115(3)), 2-27-90; Ord. No. 00-375, S 24, 2000) 22-1134 Outdoor uses, activities and storage. For regulations on outdoor uses, activities and storage, see FWCC 22--H+6 1111 et seq. (Old. No. 90- 43, S 2(115.115(4)), 2-27-90) Final Draft 6/J 9/07.doc (6/19/07) FEDERAL WAY CITY CODE (FWCC) Chapter 22, Zoning, Article XIX, "Community Design Guidelines" (in relevant part) 22-1638 District guidelines. In additian ta the fare going develapment guidelines, the fallawing supplemental guidelines apply ta individual zaning districts: (a) Professianal affice (PO), neighbarhaod business (BN), and cammunity business (Be), (I) Surface parking may be lacated behind the building, to the side(s) af the building, ar adjacent ta the right-af-way; pravided, hawever, that parking lacated adjacent ta the right-af-way maximizes pedestrian access and circulation pursuant ta FWCC 22-1634( d). (2) Entrance facades shall frant on, face, or be clearly recognizable from the right-af-way; and shetHd shall incarparate windaws and ather methads af articulatian. (3) Building entrances shall be architecturally emphasized and shall incarporate transparent glass. (4) Graund flaar entrances to retail sales ar services shall incarporate plaza features or furnishings, and/ar streetscape amenities, in a cantext-sensitive amaunt and combination, cansidering the scale af the retail usee s) and entrance( s) to the averall building ar develapment, and the praximity and access ta ather existing plaza ar streetscape features. ~ ill Graund-level mirrored ar reflective glass is nat eneouraged allowed adjacent ta a public right-of-way ar pedestrian area, (41 @ If utilized, chain-link fences visible fram public rights-of-way or adiacent properties, and nat screened bv Tvpe I landscaping as defined bv Article XVII, shall utilize vinyl-caated mesh ana pawder-caated pales, dark ca1ar(s), and architectural element(s) such as pale caps and/ar decarative grid pattern. Far residential uses anly: fA ill All -8~ignificant trees shall be retained within a 20-faat perimeter strip around the site shall be retained and/ar replaced within the applicable required landscape buffer. tat (ID Landscaped yards shall be provided between building(s) and public street(s). Parking lats shauld be beside or behind buildings that frant upan streets. ~ m Parking lats shauld be braken up inta raws cantaining na mare than 10 adjacent stalls, separated by planting areas. t81 D.Q}Pedestrian walkways (minimum six feet wide) shall be provided between the interiar of the project and the public sidewalk. t91 il.D Lighting fixtures shauld nat exceed 20 feet in height and shall include cutaff shields. +his shall not apply to publie parks and sehaal stadiums and other eamparable large instiMienal uses. The maximum height for large institutional uses shall be 30 f-eet and shall in elude omaff shields. ~ 011 Principal entries to buildings shall be highlighted with plaza or garden areas cantaining planting, lighting, seating, trellises and ather features. Such areas shall be lacated and designed sa windows averlaak them. fl--l-j .Q.1} Camman recreatianal spaces shall be lacated and arranged sa that windaws averlaak them, ~.c.H1 Units an the graund floar (when permitted) shall have private autdaar spaces adjacent ta them sa thase exteriar partians af the site are cantralled by individual househalds, ~ !li} All new buildings, including accessary buildings such as carparts and garages, shall appear ta have a roafpitch ranging fram at least 4:12 ta a maximum af 12:12, fl41 ilQl Carparts and garages in frant yards shauld be discauraged. Final Draft 6/19/07.doc fl-Sj Q12 The longest dimension of any building facade shall not exceed 120 feet. Buildings on the same site may be connected by covered pedestrian walkways. fl--6j.aID Buildings should be designed to have a distinct "base," "middle" and "top." The base (typically the first floor) should contain the greatest number of architectural elements such as windows, materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison, may be simple. (Note: single-story buildings have no middle.) The top should avoid the appearance of a flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc. fl-+f !l2} Residential design features, including but not limited to entry porches, projecting window bays, balconies or decks, individual windows (rather than strip windows), offsets and cascading or stepped roof forms, shall be incorporated into all buildings. Window openings shall have visible trim material or painted detailing that resembles trim, fl-81 (20) Subsection (a)(13) of this section shall apply to self-service storage facilities. (b) Office park (OP), corporate park (CP), and business park (BP) commercial enterprise (CE). (1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to FWCC 22-l634( d). (2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-wav. (3) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. ~ ill Buildings ','lith gGround floor entrances to retail sales or services shffi:Hd shall eReHt major entran:ees, display windows and other pedestrian features to tHe right 0f way to tHe el.teet possible incorporate plaza features or furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and accessibility from the building to other existing plaza or streetscape features. fJ1 ill Ground-level mirrored or reflective glass is not eneouraged allowed adjacent to a public right-of-way or pedestrian area. f4t @ If utilized, chain-link fences visible from public rights-of-way or adiacent properties, and not screened bv Type I landscaping as defined by Article XVII, shall utilize vinyl-coated mesh~ aB6 powder-coated poles, dark color(s), and architectural e1ement(s) such as pole caps and/or decorative grid pattern. For non-single-family residential uses only: f$1 ill Subsections (a)(5) through (a)(17) of this section shall apply, (c) City center core (CC-C) and city center frame (CC-F). (1) The city center core and frame contain transitional forms of development with surface parking areas. However, as new development or redevelopment occurs, the visual dominance of surface parking areas shall be eliminated or reduced. Therefore, parking shall be located behind building(s), with building(s) located between rights-of- way and the parking area(s), or in structured parking, and any parking located along a right-of-way is subject to the following criteria: a. In the city center core, surface parking and driving areas may not occupy more than 25 percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the director, b, In the city center frame, surface parking and driving areas may not occupy more than 40 percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the director. c. A greater amount of parking and driving area than is specified in subsections (c)(l)(a) and (b) of this section may be located along other rights-of-way; provided, that the parking is not the predominant use along such right-of-way, as determined by the director, (2) Principal entrance facades shall front on, face, or be clearly recognizable from the right-of- way, and/or from the principal pedestrian right-of-way, as determined by the director, for projects Final Draft 6/l9107,doc exposed to more than one right-of-way. (3) Building facades shall incorporate a combination of facade treatment options as listed in SS 22-1635(b) and 22-1635(c)(2), to a degree that is appropriate to the building size, scale, design, and site context, and according to the following guidelines: a. Principal facades containing a major entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, shall incorporate a variety of pedestrian-oriented architectural treatments, including distinctive and prominent entrance features; transparent glass such as windows, doors, or window displays in and adjacent to major entrances; structural modulation where appropriate to break down building bulk and scale; modulated roof lines, forms, and heights; architectural articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and streetscape amenities. At least 40 percent of any ground level principal facade located along a right-of-way must contain transparent glass. Landscaping shall be used to define and highlight building entrances, plazas, windows, walkways, and open space, and may include container gardens, wall and window planters, hanging baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping should not block views to the building or across the site. Foundation landscaping may be used to enhance but not replace architectural treatments. b. Secondary facades not containing a major building entrance, or located along a right- of-way, or clearly visible from a right-of-way or public sidewalk, may incorporate facade treatments that are less pedestrian-oriented than in subsection (c )(3)( a) of this section, such as a combination of structural modulation, architectural articulation, and foundation landscaping. c, Principal facades of single-story buildings with more than 16,000 sq. ft. of gross ground floor area shall emphasize facade treatments that reduce the overall appearance of bulk and achieve a human scale. This may be accomplished through such design techniques as a series of distinctive entrance modules or "storefronts" framed by projecting, offset rooflines, and/or a major pedestrian plaza adjacent to the entrance. (4) Pedestrian pathways shall be provided from rights-of-way, bus stops, parking areas, and any pedestrian plazas and public on-site open space, to primary building entrances. Where a use fronts more than one right-of-way, pedestrian access shall be provided from both rights-of-way, or from the right-of-way nearest to the principal building entrance, Multiple-tenant complexes shall provide pedestrian walkways connecting all major business entrances on the site. Pedestrian pathways shall be clearly delineated by separate paved routes using a variation in color and texture, and shall be integrated with the landscape plan. Principal cross-site pedestrian pathways shall have a minimum clear width of six feet in the city center frame, and a minimum clear width of eight feet in the city center core, and shall be protected from abutting parking and vehicular circulation areas with landscaping. (5) Drive-through facilities and stacking lanes shall not be located along, or in conjunction with, a building facade that faces or is clearly visible from a right-of-way, public sidewalk, or pedestrian plaza. Such facilities shall be located along other, secondary facades, as determined by the director, and shall meet the separation, screening, and design standards listed in S 22-1634(g)(2)(b), (c), and (d). (6) Above-grade parking structures with a ground level facade visible from a right-of-way shall incorporate any combination of the following elements at the ground level: a. Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal frontage along the right-of-way; or b, A 15-foot-wide strip of Type III landscaping along the base of the facade; or c. A decorative grille or screen that conceals interior parking areas from the right-of-way. (7) Facades of parking structures shall be articulated above the ground level pursuant to FWCC 22-1635(c)(1). (8) When curtain wall glass and steel systems are used to enclose a building, the glazing panels shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian area. (9) Chain-link fences shall not be allowed. Barbed or razor wire shall not be used. (10) For residential uses, subsections (a)(6) through (a)(9); (a)(1l); (a)(12); (a)(14); (a)(16); and (a)(17) of this section shall apply. Final Draft 6/19/07.doc (d) For all residential zones. (1) Nonresidential uses, Subsections (a)(5) through (a)(lO) and (a)(13) through (a)(17) of this section shall apply, (2) Non-single-family residential uses. Subsections (a)(5) through (a)(17) of this section shall apply. (Ord, No. 96-271, S 3, 7-2-96; Ord, No. 99-333, S 3, 1-19-99; Ord. No. 00-382, S 3, 1-16-01; Ord, No. 03-443, S 3, 5-20-03; Ord. No. 05-506, S 3, 10-18-05; Ord. No. 06-515, S 3,2-7-06) 22-1639 Institutional uses. In all zoning districts where such uses are permitted the following shall apply: (1) FWCC 22-1634, 22-1635 and 22-1636. (2) FWCC 22-1638(a)(1) through (a)(5) and (a)(7) through (a)(9). (3) Building facades that exceed 120 feet in length and are visible from an adjacent residential zone, right-of-way or public park or recreation area shall incorporate a significant structural modulation (offset). The minimum depth of the modulation shall be approximately equal to 10 percent of the total length of the subject facade and the minimum width shall be approximately twice the minimum depth. The modulation shall be integral to the building structure from base to roofline. (4) Roof design shall utilize forms and materials that avoid the general appearance of a "flat" roof. Rooflines with an integral and obvious architectural pitch are an approved method to meet this guideline. Alternative distinctive roof forms such as varied and multiple stepped rooflines, architectural parapets, articulated cornices and fascias, arches, eyebrows, and similar methods will be considered by the director; provided, that the roof design minimizes uninterrupted horizontal planes and results in architectural and visual appeal. (5) Alternative methods to organize and shape the structural elements of a building and provide facade treatment pursuant to FWCC 22-1635(b) and/or subsection (a)(3) of this section will be considered by the director as part of an overall design that addresses the following criteria: a. Facade design incorporates at least two of the options listed at FWCC 22-1635(b); b. The location and dimensions of structural modulations are proportionate to the height and length of the subject facade, using FWCC 22-1635(b) and subsection (a)(3) of this section as a guideline; c. Facade design incorporates a majority of architectural and accessory design elements listed at FWCC 22-1635(c)(2) and maximizes building and pedestrian orientation pursuant to FWCC 22-1636; and d. Overall building design utilizes a combination of structural modulation, facade treatment, and roof elements that organize and vary building bulk and scale, add architectural interest, and appeal at a pedestrian scale, and, when viewed from an adjacent residential zone, right-of-way, or other public area, results in a project that meets the intent of these guidelines. (6) The director may permit or require modifications to the parking area landscaping standards of FWCC 22-1638(a)(7) for landscape designs that preserve and enhance existing natural features and systems; provided, that the total amount of existing and proposed landscaping within parking area(s) meets the applicable square footage requirement of FWCC Article XVII, Landscaping, and the location and arrangement of such landscaping is approved by the director. Existing natural features and systems include environmentally sensitive areas, stands of significant trees and native vegetation, natural topography and drainage patterns, wildlife habitat, migration corridors, and connectivity to adjacent habitats. (7) Lighting fixtures shall not exceed 30 ft. in height and shall include cutoff shields. (Ord, No, 03-443, ~ 3, 5-20-03; Ord, No. 06-515, ~ 3, 2-7-06) Final Draft 611 9/07.doc (6/19/07) FEDERAL WAY CITY CODE (FWCC) Chapter 22, Zoning, Article XVI "Improvements" (in relevant part) 22-1527 Minor collector rights-of-way. The following table illustrates the development standards for minor collectors, Cross-section type shall be as shown in the currently adopted comprehensive plan. Medium and low density single-family, Design speed (mph commercial, and industrial-commercial 30 zones Other zones 25 Maximum grade (%) Commercial and industrial: Flat 6 commercial zones Rolling 8 Mountainous 10 Other zones Flat 8 Rolling 10 Mountainous 12 Sidewalk width (feet) City center zones 12 Other zones 6 Landscaping strip width City center zones 12 (feet) Other zones 4 Access classification 4 5 Average daily traffic 5,000 - <5,000 1,000- 15,000 5,000 Directional design hourlv volume 350 - 825 <350 100 - 350 Bike lane No No No Paved width (feet) 52 40 36 28 Curb or ditch Curb Curb Curb Curb Ditch Right-of-way width (feet) 82 70 66 60 60 Cross-section type City center zones N Q N/A N/A N/A High density single-familv zones N/A N/A N/A S N/A Medium and low density single-family zones N/A N/A N/A N/A T Other zones N/A N/A R N/A N/A (Ord. No. 98-330, S 3, 12-15-98) 22-1528 Local street rights-of-way. The following table illustrates the development standards for local streets. Cross-section type shall be as shown in the currently adopted comprehensive plan. Design speed Medium and low density single-family, (mph) commercial, and 30 Industrial-commercial zones Other zones 25 Maximum Commercial and industrial: Flat 6 grade (%) commercial zones Rolling 8 Mountainous 10 Other zones Flat 10 Rolling 12 Mountainous 15 Final Draft 6/19/07.doc Sidewalk City center zones 12 width (feet) Other zones 5 Landscaping City center zones 0 strip width Other zones 4 0 (feet) Access classification 4 5 Average daily traffic 1,000 500- 100 - <5,000 1,000 250 - 500 - <250 <100 N/A 5,000 250 Directional design hourly volume 100- <350 50-100 25 - 50 10 -- <25 <10 N/A 350 25 Bike lane No No No No No No No Paved width (feet) 40 40 36 28 32 24 28 20 24 90 Curb or ditch Curb Curb Curb Ditch Curb Ditch Curb Ditch Curb Curb Right-of-way width (feet) 70 66 60 60 56 56 52 52 38 106 Cross-section City center zones Q N/A N/A N/A N/A N/A N/A N/A N/A N/A type High density single-family zones N/A N/A S N/A U N/A W N/A y Z Medium and low density single-family zones N/A N/A N/A T N/A V N/A X N/A Z Other zones N/A R N/A N/A N/A N/A N/A N/A N/A Z There IS no minimum centerline radius on local streets, Traffic calming devices may be incorporated into streets in residential zones, as approved by the public works director, Cross-section type Y may be used in cluster and short subdivisions when all of the following conditions are met: (I) The street is in a private tract. (2) The tract abuts four or less dwelling units, (3) The tract is less than 150 feet in length, (Ord, No, 90-43, ~ 2(chart 110-2), 2-27-90; Ord. No. 98-330, ~ 3, 12-15-98) Final Draft 6/19/07.doc (6/19/07) FEDERAL WAY CITY CODE (FWCC) Chapter 22, Zoning, Article XVII "Landscaping" (in relevant part) 22-1564 General landscaping requirements - All zones. (a) All portions of a lot not used for buildings, future buildings, parking, storage or accessory uses, and proposed landscaped areas shall be retained in a "native" or predeveloped state. The department of community development may allow or require supplemental plantings in these areas, pursuant to the provisions of this chapter. (b) All outside storage areas shall be fully screened by Type I landscaping a minimum of five feet in width, as described in FWCC 22-1565(a), unless determined by the community development review committee (CDRC) that such screening is not necessary because stored materials are not visually obtrusive. (c) Slopes in areas that have been landscaped with lawn shall generally be a 3:1 ratio or less, width to height, to assist in maintenance and to allow irrigation systems to function efficiently. In other areas of plantings, a slope of up to a 2: 1 ratio, width to height, may be used if acceptable to the public works director, upon review of a geo-technical/soils study submitted by an applicant to ensure soil slope integrity. (d) All trash enclosures shall be screened from abutting properties and/or public rights of way by a 100 percent sight-obscuring fence or wall and appropriate landscape screen. Pipre J. - Sec. 22-156" (el) (e) Type III landscaping, defined in FWCC 22-1565(c), shall be placed outside of sight-obscuring fences abutting public right-of-ways and/or easements unless determined by the director of community development that such arrangement would be detrimental to the stated purpose of this article, (f) With the exception of lawn areas, at least 25 percent of new landscaping materials (i.e., plants, trees, and groundcovers) shall consist of drought-tolerant species. All developments are encouraged to include native Pacific Northwest and drought-tolerant plant materials for all projects. (g) Deciduous trees shall have a caliper of at least 1.5 inches at the time of planting measured 4.5 feet above the root ball or root structure. (h) Evergreen trees shall be a minimum six feet in height (measured from tree top to the ground) at the time of planting. (i) Shrubs shall be a minimum 12 to 24 inches in height (measured from top of shrub to the ground) at the time of planting based on the following: (1) Small shrubs -12 inches. Final Draft 6/19/07,doc (2) Medium shrubs - 18 inches, (3) Large shrubs - 24 inches, (j) Groundcovers shall be planted and spaced, using a triangular planting arrangement, to result in total coverage of a landscaped area within three years. (k) Areas planted with grass/lawn shall: (1) Constitute no more than 75 percent of landscaped areas, provided, there shall be an exception for biofiltration swales; and (2) Be a minimum of five feet wide at the smallest dimension, (1) Grass and required landscaping areas shall contain at least four inches of topsoil at finish grade. (m) Existing clay or sandy soils shall be augmented with an organic supplement. (n) Landscape areas shall be covered with at least two inches of mulch to minimize evaporation. (0) In order to reduce irrigation requirements, design principles using xeriscape techniques are encouraged. In meeting water conservation goals, and to deliver appropriate amounts of water necessary to maintain planted vegetation, species that are not drought tolerant should be grouped together and have irrigation systems, and be separated from any other irrigation system provided for drought tolerant speCIes. (p) Mulch shall be used in conjunction with landscaping in all planting areas to meet Xeriscaping goals, assist vegetative growth and maintenance or to visually compliment plant material. Nonvegetative material shall not be an allowable substitute for plant material. (q) All development shall comply with city of Federal Way street tree requirements. (See the City of Federal Way Right-of-Way Vegetation Standards and Specifications Manual). (r) Landscaping and fencing shall not violate the sight distance safety requirements at street intersections and points of ingress/egress for the development. (s) All tree types shall be spaced appropriate for the compatibility of the planting area and the canopy and root characteristics of the tree. (t) All permanent lawn or sod areas shall have permanent irrigation systems. (u) Screening of blank building walls. Building walls which are uninterrupted by window, door, or other architectural feature(s) listed in Article XIX. "Community Design Guidelines." & 22-1 635(c)(2), that are 240 square feet or greater in area, and not located on a property line, shall be screened by landscaping. Such planting shall include trees, shrubs and groundcover appropriate for the area proposed. (v) Foundation landscaping is encouraged for all developments to reduce the scale, bulk and height of structures. (w) All loading areas shall be fully screened from public right of way or non-industrial/manufacturing uses with Type I landscaping. "8"" hlOh ........ - 1'- stAeT rifllU'e 2 .. .sec. 22-1564("11) (x) Use of products made from post consumer waste is encouraged whenever possible, (y) Soil in parking lot landscaped areas must be noncompacted to a depth of 18 inches prior to planting of any shrubs, trees, or groundcovers. (z) Landscaping shall not be required along interior lot lines within a development where parking is being shared, (Ord, No, 93-170, ~ 4, 4-20-93) Final Draft 6/1 9/07.doc 22-1565 Landscaping types. (a) Type I - Solid Screen. (I) Purpose. Type I landscaping is intended to provide a solid sight barrier to totally separate incompatible land uses. This landscaping is typically found between residential and incompatible nonresidential land uses. such as industrial/manufacturing uses. zones (i.e" manufaeturing park and eity eenter or residential, ote.), and around outdoor storage yards, service yards, loading areas, mechanical or electrical equipment, utility installations, trash receptacles, etc. (2) Description. Type I landscaping shall consist of evergreen trees, taft large shrubs and groundcover, which will provide a 100 percent sight-obscuring screen within three years from the time of planting; or a combination of approximately 75 percent evergreen and 25 percent deciduous trees, with an allowable five percent variance, with large shrubs, and groundcover backed by a 100 percent sight- obscuring fence. Tree, shrub, and groundcover spacing shall be appropriate for the species type, and consistent with the intent of this section, ~u..11'c,.J ~ ~ FiVWi. J - S*C. 22-\'.'(.) (b) Type II - Visual Screen, (I) Purpose. Type II landscaping is intended to create a visual separation that may be less than 100 percent sight-obscuring between incompatible land use zones, This landscaping is typically found between commercial and industrial zones; high density multifamily and single-family zones; commercial/office and residential zones; and to screen industrial uses from the street. (2) Description, Type II landscaping shall be evergreen or a combination of approximately 60 percent evergreen and 40 percent deciduous trees, with an allowable five percent variance, interspersed with large shrubs and groundcover. A sight-obscuring fence may be required if determined by the CDRC that such a fence is necessary to reduce site specific adverse impacts to the adjacent land use. Trees, shrub, and groundcover spacing shall be appropriate for the species type, and the intent of this section. ~1'1QlJ Fl9U~. . - g.~. ~2-1S65tb) (c) Type III - Visual Buffer. (1) Purpose. Type III landscaping is intended to provide partial visual separation of uses from streets and main arterials and between compatible uses so as to soften the appearance of parking areas and building elevations. Final Draft 6/19107.doc (2) Description, Type III landscaping shall be a mixture of evergreen and deciduous trees interspersed with large shrubs and groundcover. Tree, shrub, and groundcover spacing shall be appropriate for the species type, and the intent of this section. ~oN fL.,A,""" .f....... f,~~1 t ~Yf~.~~ 'f,~~..:l,','~,..,..._..,........~._......~', __,.,.,"~.. ,1m. . ~Dt.\, .'~~ . ~ "IfUll " . s.c. n-l!l6!1(tl) (d) Type N - Open Area Landscaping. (1) Purpose. Type N landscaping is primarily intended to provide visual relief and shading while maintaining clear sight lines typically used within vehicular paved areas. (2) Description. Type N landscaping shall consist of trees planted with supporting shrubs and groundcover. Shrubs shall be pruned at 40 inches in height, and the lowest tree branches shall be pruned to keep an eight-foot clearance from the ground. One tree per landscape island up to 150 square feet shall be planted, One additional tree shall be planted for landscape islands up to 305 square feet. Tree, shrub, and groundcover spacing shall be appropriate for the species type, and the intent of this section. See FWCC 22-1567 for location of Type N landscaping. .i"U'. . . Jlu:. Hol!nS loS) (Old. No, 93-170, S 4, 4-20-93) 22-1566 Landscaping requirements by zoning district. (a) Suburban Estates, SE. (1) Type III landscaping 10 feet in width shall be provided along all property lines of nonresidential uses in the SE zoning district, except as provided in FWCC 22-1567 of this article. (b) Single-Family Residential, RS. (1) Type III landscaping 10 feet in width shall be provided along all property lines of nonresidential uses in the RS zoning districts, except as provided in FWCC 22-1567 of this article. (c) Multifamily Residential, RM, (1) Type III landscaping 20 feet in width shall be provided along all public rights-of-way and ingress/egress easements. (2) Type II landscaping 20 feet in width shall be provided along the cornmon boundary abutting single-family zoning districts, (3) Type III landscaping 10 feet in width shall be provided along all perimeter lot lines, except as noted in subsections (c)(1) and (c )(2) of this section, Final Draft 6119/07.doc (d) Professional Office, PO. (1) Type III landscaping eight feet in width shall be provided along all property lines abutting public rights-of-way and access easements, (2) Type I landscaping 10 feet in width shall be provided along all perimeter property lines abutting a residential zoning district except for schools which shall provide 10 feet of Type II. (3) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in subsections (d)(l) and (d)(2) of this section. (e) Neighborhood Business, BN. (1) Type III landscaping five feet in width shall be provided along all properties abutting public rights-of-way and ingress/egress easements, (2) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (3) Type III landscaping five feet in width along all perimeter lot lines except as noted in subsections (e)(l) and (e)(2) of this section. (f) Community Business, BC. (1) Type III landscaping five feet in width shall be provided along all properties abutting public rights-of-way and ingress/egress easements. (2) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (3) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (f)(l) and (f)(2) of this section. (g) City Center, Cc. (1) Type III landscaping five feet in width shall be provided along the perimeter of parking areas abutting public rights-of-way. (2) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (3) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (g)(l) and (g)(2) of this section, except that landscaping is not required along perimeter lot lines abutting rights-of-way, where no required yards apply pursuant to Article XI, Division 8. (h) Office Park, OP; and Corporate Park, CP-l. (1) Type III landscaping 10 feet in width shl\ll be provided along all property lines abutting public rights-of-way and access easements, (2) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (3) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in subsections (h)(1) and (h)(2) of this subsection. (i) Manufaeturing Park, MP Commercial Enterprise. CEo (1) Type III landscaping -W five feet in width shall be provided along all property lines abutting public rights-of-way and access easements. except industrial uses shall provide Type II landscaping 10 feet in width along such property lines, (2) Type I landscaping ;'!15 feet in width shall be provided along the perimeter of the property abutting a residential zoning district. except industrial uses shall provide Type 1 landscaping 25 feet in width along such property lines, (3) Type III landscaping -W five feet in width shall be provided along the perimeter of the property abutting a nonresidential zoning district, except .MP zones, industrial uses shall provide Tvpe II landscaping 10 feet in width along such property lines. (1) Type III landseaping fi';e feet in ',vidth shall be proyided along all perimeter let lines exeept as noted in subseetions (i)(1), (2), and (3) of this seetion. (Ord, No. 93 170, ~ -1, -1 20 93; Ora, No, 9€i 270, ~ 3(E), 7-2-96; Ord, No, 06-515, S 3,2-7-06) Final Draft 6/19/07.doc 22-1567 Parking lot landscaping. (a) Purpose. The purpose of this section is to break up large areas of impervious surfaces, mitigate adverse impacts created by vehicle use areas which include noise, glare and increases in heat reflection by buffering, screening adjacent properties and shading, respectively, to facilitate movement of traffic, and improve the physical appearance of vehicle use areas. (b) Type IV Landscaping. Type IV landscaping shall be provided within surface parking areas as follows: (1) Required interior lot landscaping. Landscape area shall be provided at the following rate within paved areas: a. Commercial, industrial, and institutional developments shall provide the following: 1. Twenty square feet per parking stall when up to 49 parking stalls are provided; and 2. Twenty-two square feet per parking stall when 50 or more parking stalls are being provided. b. Residential developments with common parking areas including, but not limited to, subdivisions, PUDs or multifamily, shall provide landscape areas at a rate of 15 square feet per parking stall. (c) Landscape islands. Landscape islands shall be a minimum size of 64 square feet and a maximum of 305 square feet, and a minimum width of six feet at the narrowest point for islands at the end of 90- degree parking rows, three feet at the end of rows with angled parking, and eight feet in width for islands used to separate head-to-head parking stalls and shall be provided at the following locations: (1) At the end of all rows of parking; and (2) For separation buffering between loading doors or maneuvering areas and parking areas or stalls; and (3) Any remaining required landscaping shall be dispersed throughout the interior parking area in a manner to reduce visual impact of the parking lot; (4) Deciduous trees are preferred for landscape islands within interior vehicle use areas. Figure '1 .. sec. 22"1561(0) (d) Curbing. Permanent curbing shall be provided in all landscape areas within or abutting parking areas. Based upon appropriate surface water considerations, other structural barriers may be substituted for curbing, such as concrete wheel stops, Final Draft 6/l9/07.doc . CI-'f6! ~ ~.~ 1'1gur. 8 -Sec. 22-1.567 Cd) (e) Parking areas/screening for rights-of-way. (1) Parking areas adjacent to public right-of-way shall incorporate berms at least three feet in height within perimeter landscape areas; or alternatively, add substantial shrub plantings to the required perimeter landscape type, and/or provide architectural features of appropriate height with trees, shrubs and groundcover, in a number sufficient to act as efficient substitute for the three-foot berm, to reduce the visual impact of parking areas and screen automobiles, and subject to approval by the director of community development. (2) Parking adjacent to residential zones shall reduce the visual impact of parking areas and buffer dwelling units from light, glare, and other environmental intrusions by providing Type I landscaping within required perimeter landscape areas, (f) Vehicular overhang, Vehicular overhang into any landscaping area shall not exceed two feet. Fi.9QUt , - Sec. ~2-1567(t} (g) Landscaping and irrigation, (1) All landscape islands within parking areas shall use drought tolerant trees, shrubs and groundcovers. Lawn shall not be permitted in landscape islands less than 200 square feet and shall be used as an accessory planting material to required trees, shrubs, and other groundcovers. (2) No plant material greater than 12 inches in height shall be located within two feet of a curb or other protective barrier in landscape areas adjacent to parking spaces and vehicles use areas. (Ord. No, 93- 170, S 4, 4-20-93) 22-1568 Significant trees. (a) Purpose. The purpose of this section is to: (1) Regulate the removal of trees from property within the city in order to preserve, protect and enhance a valuable natural resource; (2) Establish standards to limit the removal of and ensure the replacement of trees sufficient to safeguard the ecological and aesthetic environment of a community; Final Draft 6/19/07.doc (3) Discourage the unnecessary clearing and disturbance of land so as to preserve the natural and existing growth of vegetation; and (4) Maintain a minimum number of significant trees, (b) Definition. A significant tree shall be defined as: (1) Twelve inches in diameter or 37 inches in circumference measured four and one-half feet above ground; and (2) In good health; and (3) Not detrimental to the community (e.g., is not diseased, dying, or likely of falling into public open space or right-of-way, etc.) or obscuring safe sight distance requirements. Significant trees shall not include red alder, cottonwood, poplar or big leaf maple. ~ Pi-F- 10 - SeQ, 22-1568(b) (c) Standards. (1) Retention required, Significant trees shall be retained on the subject property to the maximum extent possible in all residential, oommercial, industrial, or institMtional developments as follows: a. If the approved development on the subject property will require the removal of more than 75 percent of the significant trees on the subject property, significant trees shall be replaced in amount equal to 25 percent of the significant trees which existed on the subject property prior to commencing any development activity. b. All significant trees located within any required perimeter landscaping area shall be retained, and/or replaced, provided that this requirement shall Rot apply to eOFflmeroial :tIoning distriots. c. Significant trees required to be retained within on-site sensitive areas can be used toward satisfying the 25 percent on-site significant tree retention regulations, d. All significant trees located within required on-site recreation or open spaces shall be retained, provided they do not conflict with on-site active recreation areas. e. The significant tree retention requirements of this chapter shall not apply to the city center zoning district. f. There shall be no cutting of significant trees without authorization from the city for the purpose of preparing that site for future development. g. Up to one-half of the 25 percent significant tree replacement requirement may be satisfied by planting larger trees in required landscape areas such as landscape islands, buffers, and perimeter landscaped areas. Such trees shall be a minimum 12 feet in height for evergreen and three and one-half- inch caliper for deciduous or broadleaf trees. Example: 100 on-site significant trees requires 25 to be retained or replaced. Applicant may plant 13 larger trees within required landscape areas which meet size requirements mentioned above, h, Article XIX of this chapter may apply additional. use-specific standards related to significant trees. (2) The applicant shall submit a tree retention plan concurrent with the first permit application for that development. The tree retention plan shall consist of the following: a. A tree surveyor cluster survey that identifies the location, size, number and species of all Final Draft 6/19/07.doc significant trees on the site. b. A development plan identifying the significant trees that are proposed to be retained, removed, transplanted, or replaced, including a final report on percentage retained. (3) Each retained significant tree not located within perimeter landscaping may be credited as two trees for purposes of complying with the retention requirements of subsection (c)(I)a., provided the tree meets at least one of the following criteria: a. The tree is located in a grouping of at least five trees with canopies that touch or overlap; or b. The tree provides energy savings through winter wind protection or summer shading as a result of its location relative to proposed buildings; or c. The tree belongs to a unique or unusual species of native or non-native tree not usually found locally. (4) Where it is not feasible to retain required significant trees due to site constraints including, but not limited to, topography, ingress/egress requirements, existing and proposed utility locations, trails, storm drainage improvements, a site specific tree plan, drawn to scale, shall be prepared. The tree plan shall show the precise location of all significant trees on the site, in relation to the proposed buildings, streets, parking areas, required landscaped areas, surface water facilities, and utilities. The director of community development shall review the plan in relation to the proposed development to ensure tree removal is the minimum amount necessary to comply with the proposed development and meet the purposes ofthis chapter. (5) When required significant trees cannot be retained (see subsection (f) of this section), significant trees that are removed shall be replaced with: a. Transplanted or retained on-site trees four-inch caliper or larger, which meet the definition of significant tree in all manner except size, and approved by the community development director, based upon the director's assessment ofthe location of the tree in relation to the proposed site development; or b. New evergreen trees that are a minimum 10 feet in height, or deciduous trees that are a minimum three-inch caliper. The number of replacement trees, combined with the number of retained significant trees, shall equal 25 percent of the amount of on-site significant trees which existed prior to development. (6) The following management practices shall be observed on sites containing significant trees, to provide the best protection for significant trees: a. No clearing shall be allowed on a proposed development site until the tree retention and landscape plans have been approved by the city of Federal Way; b. A no disturbance area, which shall be defined to be to the drip line of the significant tree, shall be identified during the construction stage with either: 1. A temporary five-foot chain link fence. 2. A line of five-foot high, orange-colored two-by-four inch stakes placed no more than ten feet apart connected by highly visible surveyor's ribbon; c. No impervious surfaces, fill, excavation, or storage of construction materials shall be permitted within the no disturbance area; d, If the grade level around the tree is to be raised by more than one foot, a rock well shall be constructed. The inside diameter of the rock well shall be equal to the diameter of the tree trunk plus 10 feet. Proper drainage, and irrigation if necessary, shall be provided in all rock wells; e. The grade level shall not be lowered within the larger of the two areas defined as follows: 1. The drip line of the tree(s); or 2. An area around the tree equal to one foot in diameter of each inch of tree trunk diameter measured four feet above the ground; f. Alternative protection methods may be used if accepted by the director of community development department to provide equal or greater tree protection; g. Encroachment into the no disturbance area may be allowed where the director determines encroachment would not be detrimental to the health of the tree. (Ord, No, 93-170, ~ 4, 4-20-93) Final Draft 6/19/07.doc (6/19/07) FEDERAL WAY CITY CODE (FWCC) Chapter 22, Zoning, Article XVIII "Signs" (in relevant part) 22-1601 Signs in nonresidential zoning districts. (a) (1) High profile sign. a. Criteria. A subject property meeting all of the following criteria is permitted a high profile freestanding sign: 1. A minimum of 250 feet of frontage on one public right-of-way; 2. A zoning designation of city center core (CC-C)~ ef city center frame (CC-F)~ 6f community business (BC). or commercial enterprise (CE): 3. A multiuse complex; and 4. A minimum site of 15 acres in size. b. Sign types. The following sign types are allowed for a high profile sign: 1. Pylon or pole signs; provided, however, that any pylon or pole sign must have more than one pole or structural support; 2. Pedestal signs; 3. Monument signs; 4. Tenant directory signs; and 5, Kiosks. (4) Freeway profile signs. In addition to the categories available in subsections (a)(I) and (2) ()fthis section, a subject property may be permitted an additional freestanding sign if it meets the following: a. Criteria. 1. Abuts the right-of-way of Interstate 5; 2. Is located in the zoning designation of city center core (CC-C) or eOmHl1::lHity B\:lsiaess ~ commercial enterprise (CE). b. Sign type. A pylon or pole sign is allowed; provided, that any pylon or pole sign must have more than one pole or structural support, and its design must be compatible to the architecture of the primary structure on-site or to the primary sign(s) already permitted on the subject property. Alternatively, a pylon or pole sign may have one pole or structural support if it results in superior design, which shall be subject to the director's approval. Sign content for any pylon or pole sign may include center identification signs; provided, however, that all font sizes used are a minimum two feet tall. Any freestanding freeway profile sign may be an illuminated sign, and/or a neon sign. Animated or moving signs and electronic changeable message signs shall not be permitted. c. Sign orientation. The sign must be oriented toward 1-5, be visible from 1-5 (not the off-ramps), and be located near the property line closest to 1-5. d. Sign height. If the subject property has an elevation lower than the freeway, a freeway profile sign shall not exceed 25 feet above the elevation of the nearest driving lane of the freeway at a point nearest to the proposed location of the sign. If the subject property has an elevation that is higher than the nearest driving lane ofthe freeway, then the sign shall be no taller than 20 feet above the average finished ground elevation measured at the midpoint of the sign base. However, the maximum height of the sign can be increased to 40 feet above the average finished ground elevation measured at the midpoint of the sign base in order to be visible above trees or other obstructions, subject to the director's approval. The sign height shall be measured by a licensed Sl,lfVeyor and the applicant shall be responsible for providing the surveyor. e. Sign area. Final Draft 6/19/07 (6/19/07) Federal Way City Co de (FWCC) CbaJltet 22, j\rticle Xl Division S, Cil)' Center Core (CC-Cl and Cil)' Center Frame (CC-Fl 11-808 aotel, .onv..tlo. ..d tr.d. ..~t.rs. . zon< sob'cct to \b' <<v.uI.tions and.- set fottb in Ibis sectioft' Tbe folio"".' uses sball be ..rnnrted"' \be Cl USE ZONE CUAR'f ' '" 'T-. S '< ,.J G ~ '" ., ~ p. ~. ~~ --- o '""' Q ~ $ a .l;: .s .11 ~ \r ~ Sl'EC1i<L t\EGULA.110NS AND NOTE~ . 't:.":L6S: If:;h I. Tn< oilY "",y. "',"'.-" nc "od;ty<<'lo,,,d >",d. """,C "",,,,,,.,,,dbo",, "'" 0'" ,'" "",,,,, "d d""'"''~''' ~ _ '" .' d d "I 0-1 "'" ""'" tho [0\\0<'''' """". . . . . d ,bo" "'.. "",,,, _,.-0 ,0" F- · o. \ .., t ..~th th' ,....."" "_",,,'N' F"" VOW" f""" "on, '" . . ' . h Th """""" d""-' w\' '" "..".. wo' . . ,,,"'''' F'" hI><' ~" ,.., y ,,\ ' wi" '" c..'-, ",,, "",,,,b. ,,,,,,,, ""d.'m"'; "" bO'"'''' "0""'" b. Tn< F"'l"'" ". ",,_ . . " - W """"" '" F'''''"'''' d''''''''-' .,....".. ,-'. c. Tn< ,,,",, 0" h"" "'" _ ."'.....- '" tho "" '" , · rio<'" d""'''' "",,(, }Of-.'y, " """'""'"" b>'''' ",,,,,,",,",, 2. "0 .- _ ,f"~""" bU'"'''' ..- " .,~"'" ",,- '" P .' ,;"",bY ,,01"'" "" ",,",,"'.' '" """,""" bY tho ",..'" .. "",~y_ d""'" ..I." il" ,-,,,dod by ,".... 'il;';""""';""';;:'::;"" .,,"'..;"'''', ,--(,) " ,""',,-" "",,,",, , ""'. _ """ d"""; " to ,n". ,~ _~I><" F' ," ~-\" ,0 1\ ...";""'y h"" " '" ,,",, '" tho l""""'" bUff~ " <<'I"'" by ""'" NUc" = Th''''- bU'"'''' """'. · on.' 0 " '" ,,01" 3 NUCI' "" n. ..... f"ilhi" "'" "''' '" .... by .-. o,h" th'" 0""""" ",,," " ... "'" \3 3. If"'" 0", ,,,,,"''' ~ _""~ _"oO " " ,.,. "'....' """ oO '" """" ",d ..- of th'" .ce'- \ml'1 " """', tho oilY ""y <<'I"''' """",,'" ....... oO · -- ' " ' ",'h"'" . . """ · "',"'- "no ft fro'" tho """"'" h'" .di"""O th' .. s_ ..1""1"">: "'" "'i""" . ",.....uoI """ ,\lO" '" ~, ._ . bO'"'''' ",,;"oO - ,,,,,,,,, "',- 20 ft. ..a 40 ",,,..h., wo" Th' ""gh\Of ""C"'''' ,\lOll no",:,'"'" ;0:;,' ot ",,",, :. ft. ""''' .-" bui ",,,, ,"'.".. ~"'" lot""" II. .... "" "'i"..t "''''....lIy -.,,,",, """"'" ''''.'' " " between 40 ft, and \00 ft, fron: such p~opert'i \U1e, d h b ." hi "'" '" """,""",, by - "''' "',,"",.,," <<'IO'''-~' , "0 ",",,""'" \01 c"""", "",.",,,,,,,- """, ," ~ '.' ~'" . ~ ,,,,,,,,, bUff"" p'''''''' lot _'''~ """" ..", ,,,.,.U", ",. ~. 'f'" ",_"ilY d;""" """\\",, "'" ""Iy w tho "",i'" "" Atln,.;.y,r/- 1 . F'" ''''dto..... <<'10,"-" ""t """ '" .'" F"'l'" "" Art". II. ,. F'" """ <<'IU''-~ "'" "" Iy \0 .tho "",,,,, "" ~'" ",,,". . "'" · ,I \0 tho ,ubi'" """"",. 9 ",,,, \0 I 22"'" ,I "". \0 ,,_'" ",,,, ,"" F""''''''''' oflh"f ';tl: ,,;. ;,:.~. "",,,, 'W""",, ..d" ..' p"''''' '''''' ,f I 10. S.....- bO\\""" "",y "ot -". . "'" ...."'" "";:' "" :, ,~..::, lob"'''' ~.". '" d'" ,,,, ."". "" ",,,,,,,,,,,..d 22m1 , " ""","'" by tho dt""" "" ?'''''' "",,,..,,,,, '" '" 0 ft" bo,,,'n, ,,, .,y "'" ,,,,,,,,0'" \2-""''''' F,nod """lot f"-; Fl""'''''' 1\lO' ",h ""'hoO(') """ not ","", ,.00 :..' .:.. · ,ubi,,1 I""I""y. ,,"0"0' '''0","" 'W""",, , ,. ,." _ _ 16,000... ft ,f- ''''''',.~ -~':' :J" """", uod~ 1'1"" #10. .no". under the provisions ~f ~ 22-977 and n\\~Of ad~t\ons#if' :#1 { ",'" "",,,,,,,, \hO' ",h \IoU< ...",,,,,, ,,,,, 15% of '" ,n'" 12. Mo "FI~'''''' bU' ""',, '" "", ,ub"" W ,:ot" .. ." . ' ft of tho ""'" ",,,,,,, it "", CO"",''' · ",-" 0,,( M''''''''' '" .." _. '0. Ii","'''' ",,",'" "",y '" "'0,"" uo'" tho "",""'''''' of! 22-13" (0 )l \),(2),(3), ..d (.). ZONE ~C-F ,%3~ ._ l\) \U ::)..... 0 cr" 0 ;2.;2.0: ., N if>. :3 '% .... \>.< .,% '" '" 'cii~ ta ;2. USE Hotel, mote1, ~focess H INone convention and poss\b\e trade centers process HI See note \ procesS 1, 11. 111 and l\' are described in ~~ 22,351 _ 22-356, L----::::::::== F ., ..'\5 of,..".t ~." e1tCeed this height \innt, see ~ 22-1046 et sel\. 12.;6,-12-'1<> ~-' .-""' 12-'" _ nAI>. ,~......- """"',.... "'. 12.\111 · ",. 1-06 nA1I _ 12....' _""" 1 pQl h B) 4-20-93' Q<d. "0. 96-210, ! ,. '-2-96; Q<d. "0. 91-29\, p. 4-l m; Q<d. ,.". 1l6-"" \ 3.2- ) (Q<d. ", ."0-"3 .pt ,0.25). 2_21-901 Qtd.1'Io. 93-' 0, ..' · L-'~""'''''-' _ """'....,..- - "'! n-t>". ",. (6/19/01) 1.2-696 Office ~se. 1. lIb ......"tted in the rofessional offlce (1)0 The folloWlUV, useS Slla e lle1<W USE ZONE C1:lAR1' nMsiOO 5. l'rof...,ooal O{\\<e (1'0) this section: lHEN acroSS for REGUl.A-l\ONS Du<JlCflD"S' ~ do" \0 ".. "'" . .. " ~~ Re(\uired -Yards ZONE -pO " \30 {t, 30..' \0 ft. \ 35 ft. ~nd See notes , II See noteS p,nd II SPECIAL REGULA'TtONS ,\1"lD NO'TES h t' oftne strUcture snaIl . . . """ ,00 "- of ",,,,,,,tol ,",," ,hO' \ ~ "",,on ""' , ' ~.., """on of' _' on th' ,ubl'" """'" " '" h l\ '" ", "", , "",into'" of 20 "- ..'" ,0< -'" ~ ' d "0' ""'''' ,-,,,,"' boil""S ,,- ..d thO ,uu'''''' , offtC\;', \ for not er.cee ~ l" ~"" '" ~~:::~ ::i,uon' ,,.,, \0 ~ 0"''' onlf "- 0 """. , "'" ,,,,,,, ..i""'~ on thO """"' ~: . . floor a:eda '0' ~ ::.:;::,i ",dud< '" "'" """ '" _ "''''''' !"''''''''.1\0\rnthote ~"a:::~\' off th' ,ubi'" P"'l''''' - "'" "" , ",,,f"'~ \0 occu-p\eJ ,.J ' d th t oise froro tHtS use.., vv ' . 0"'" ,. "" ." - '" '''''''' . '" ,,, .th thO """,-' """,,,,,""''''' . . """tf<<"i""ol by .. ""u...,,, "'V"'" ,.., "to! "" . d on din ",bi'" ~ ""din """"."". . ~ " ::;~;;;::t~':'~ ~::~:;,~,; ,:d :'~=:;:.;;~;:;.;: ~~::,,::"ft~ ",d ~ ~: ~;i:~: ::~;'f;;:~~: ':jS;: ;:J:~::;;"'': ;..tt."';:;~~:i~,,,s ~ ""''' ,,,,,,,_to<. "" ,,,,,,. "',""~':.: :;,;:::, ,.., th"'ff'''' "'0",,' - '" o,;",to! \0 th"'''''o -"",. " ~ _ ,_,,,,,,, ..,.... _ ~" "",0'" "",.'" . . df'" thO "",,,. ..,...,. """" ",,_ "" ,.""" "." in ..",,'" \0 'f~S :;.:" .... w', '" ~ol by oil<' ,'" """,-' ." """ 5 6. "0 _'" \0\ "',"""' " """,,,b<<l. ..... .i ': ,,, ""'." - f"ilili", '" ""u,-"' t,,, "'"""" b:-' "f"'S ';':'.:,;.,~ '" ^,",I< "" of thi'-' 1 . '0< """"",,," d'"'''' """,'m" t "..., h . '" '" """" 1<'111 of ..,,,,",,,, S. '''' ,_in. '"'u_" "",..." \0 \ 'fIO~ -. ,I< 1<'111\ ofth" -"" . ,. '0< ."" ""ui-" "'" ..." \0 "" ""J"'." ""'.. , of thi"""'" """ ..." \0 thO """", .- \0. R<I" \0 I 22-,46 " "". \0 d_no - - fIO'",on '" ~ 9; t.,n ...... S 6-'..1' ~t. C/l '" 7.- '" Q. ~ ~ 0 ... "'3~ '" .;l ... :;; ,~ -;:J ,~ '" C/l ~ :;).~ USE ~~ 3 offtce use procesS None 11 '% ... 1M :2 ~ ~ .g </J ~ ~ ...... '" o ... $3 .,nu '&~ 35ft. above average building elevation , ~ J ~...- '0< "'" ,"'_ ."u, ,",," "" ,",," ",",,"" ".n". "". """" c U. In "" tv .. """"""" L-- I' ".,,, - 22"'" '0< "'.,. of"" .., ".... "'" """" Ii.... ..., 22""" · "" 22'''' - 22"" '0< ..." ~..."" """", ,.... ... , 22-\ ," """ '22_;86-2'2-4\\, ------...------:-: 22" I _ 22A" '" "'~" ---=-::-0' ..,..", ~ N ,.,,,,' 1,'''' ~ No 91.'91. p, ..,.~ (~. No. .,...,. . "".\0,. ,." *. "" No. ,,- \ ". · 1('" · ,. ..,~ ", ",.' .' . 2'2-'721 Office/retail. ']"he following use' ,ball be ".nnitted in .bend hboIbood buSineSS (BNl zon< sub' ect to the ""uIations an USE ZONE CllAR'f ~ DIRECTION" FIRST, "'" do" " t\nd ." . .' TII""' .00" '''' REGULATION' S Minimums ~ 'f), ReQuired Yards ~ 8 ';J 0 " -oP=- ~ .~ % :;) ,~ <1';>- rzrz USE ~e ProcesS ,None n Retail establishment se\\ing groceries, produce and related items', drugs and personal care products; books; liqUOr; nardware, garden, retail nursery stock and related itemS (excluding bulk~ retail); nouseno\d goods and furnishings; clothing, varlet)', nome electronics, sporting goods; signs; or works of art (6/19/07) DN\Sion 6. Neigllllorb.ood BnSIn"S (llr<l d notes set forth in this section' ZONE UN " ,;:: rfJ 3 :;;- ~ ~ .g ';j, ~ ~ p. "0 e "a ~ $ ~ .S'~ oCl~ -~ '0 s ~ ~ ;:CrfJ ""po 35 ft. above ~ average ~ I for building each 300 sq, It, elevation of grOSS floor area sPECIAL :REGULA-nONS.-rID NOTES ~ rz , "', "'"" 0' """"on ;;r;o~" .'" ,.., '" Ii"""" " """" - on ""':" """",., .,,,,, i ~;::;;:~"',::,~: ~ ~:'~ ::,;:::' ::~~ on "', "bi''' ""P"'Y ond " directly related to 3:ndd detlend;nt onedth~,~~Oswa;:' ,:;:~ "" ,,,,,,,.,, ond """"" ""'" ,'" "bi'" "",,", ond b, "(he assemble or manUlactur "ouv r are for sale only to reta'll purchasers; and I ~ t d '" ,-" fro'" "" -"" , '" ",,"o." ." ~ ,. TIi'" ~ no on"''' _0;:"\. ,ro ortY" ",,,hin ,00 .. of' """",.' ,on', ,hon "'" '0""'" of ~ .,. If any portiOn of a sttUcturde.,oO" ~ '~ J'" ~,b""""" ,,,,,..on ond ,'" .."",,, ,Ii'" '" ", ""Ii · '''' ",h nS "" ,,,,,,,",""''' not """ ". ,~'"'''''' . · ~ """""", of 2\\" ""'" "" """"'" ,,'" 0' "" "'"".., _. . ~ ,. "",."'''''' .". """,ty '" ,,,,,,", " J"""'''''' "''''' " foao"" . ~ ,. N'- _Ii '''' "" on "" "bi'" """"'" ';' '" :,;:,~';'~ "",.""" b' ,,,""" "ld """"" Determined on b, seasonal \t~ms s,u~h ~s Chnstmd" ':;:'" t""i'::::' " f" """",,,,, 'ro'" "'" """",',' '""" ",d ''''' ,_b'~'" ""~"" tJmt "'" ".",ty" '''''~ on '." J" ee ","' ,,, """d "'" """""""'" ",,,,",, wrth ""':t'7:""'" .;::;."....'" bY ,I< ,.W' _to """"""",. Dri ,~",,,,,,,," uses 5. ^:~c,ess to anbd frdo~ dnvde-thrt~~tgve':~;:::'~n'" b\n01i ..ro, '" "" - ~h\" ..""" in Ii"' "" wi" no' fac\htleS must e es\gne so ,'U> unreasonablY 'Interfere wit\) on,site traffic flow. '% ... \>-0 10 ft. o It, 10 It, See notes 3 and 9 See note 1 See note 3 (continued on next page) "T '\ ,~- "........ "",.,...".'" """" _ ... . "-",, .".. '0 "." or-'" ......", """" - ..., ,,_,006" "" for deUi\s regarding required yards, see ~ 22-\ \3\ et seq, ~. redescribed\n \ ll\andwa proCess \, \ , \ _ 22-356, .. 22-35 22-3'10 ., 36\ - 22, 6- 22,4\\, ctivelY, 22-3\1 22-460, rewe 22-43\ - filial Draft 6119107 Division 8. City Center-Core (CC-C) and City Center-Frame (CC-F) (6/19/07) 22-791 Office use. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: USE Office use USE ZONE CHART 00 :z o - ~ ~ . ,.. , < ..l ;l "" ~ ~ , , ., u o .. "'~ ~ ~ .- ., :::l '_ 0'> ~~ Process II Possible Process III See note I None Process I, II, III and IV are described in SS 22-351 - 22-356, 22-361 - 22-370 22-386 - 22-4 11, 22-431 - 22-460, respectively. Final Draft 6/19/07 ., N ;;j o ..l :2 g ~ ., '" ;;j ;: ~ Oft, lOft. lOft, See notes I and 3 .. os ~ ~ ~ ~.a ihg ';j ~ ::Coo 95 ft" 115 ft" or 145 ft, See note 2 '" 8 os "'- ",CIl ~ bJ) os .5 O'~ ~~ General office: I for each 300 sq, ft, of gross floor area Medical and dental office: 1 for each 225 sa, ft, of gross floor area See note 14 I ZONE CC-C SPECIAL REGULATIONS AND NOTES 1, The city may, using process llI, modifY required yard, height, landscape and buffer and other site design and dimensional requirements for a proposed development that meets the following criteria: a, The proposed development will be consistent with the adopted comprehensive plan policies for this zone; and b, The proposed development will be consistent with applicable design guidelines; and c, The street, utilities, and other infrastructure in the area are adequate to support the proposed development. 2, Building height may be increased from the permitted outright height of 95 ft, to 115 ft. in exchange for providing publicly visible streetscape amenities, as defined in ~ 22-1633, along the right-of-way; the siting and design of which shall be approved by the director, Building height may be increased from 115 ft, to 145 ft, in exchange for providing public on-site open space in accordance with ~ 22-1633, or payment of an alternative fee-in-lieu of providing the on-site open space, Use of the alternative fee-in-lieu shall be at the director's discretion, based on factors such as conduciveness of the site or development plan to public open space, and existing or planned open space projects in the immediate vicinity of the site. The procedure and formula for calculating on-site open space and alternative fee-in-lieu shall be approved by the city council, adopted by the director of community development services, shall be on file in the city clerk's office, and shall be followed and have the full force and effect as if set forth in full in this article, Public on-site open space under this section shall be in addition to any other outdoor space or landscape area required by this Code, 3, No more than a five-foot building setback is allowed adjacent to principal pedestrian right(s)-of-way, as determined by the director, unless: it is precluded by existing site improvements, easements, topography, or other site constraints, as determined by the director; or to allow streetscape amenities, public on-site open space, or other architectural element(s) or improvements approved under Article XIX, The minimum building setback along all other property lines is the same as the perimeter buffer as required by Article XVII. (Continued on next page) For other information about parking and parking areas, see S 22-1376 et seq, For details of what may exceed this height limit, see S 22-1046 et seq, For details regarding required yards, see ~ 22-1131 et seq. City Center Frame (CC-F) 22-803 Office use. The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section: r.n Z o 1= ~ . 'u . -<I: ..l ~ '" ~ a: USE l 0) U e -00.. ~ ~ .- 0) ::> .- 0--> ti:!ti:! ;2 '0 ~ 0) I I ~ N 0) - ::> Cii :: '-' ..c- O) ~ OI.lU '0 e -0 ti:! ';; E ..l '-'" Cii :I:r.n Office use I Process II I None Possible Process III Oft. lOft, lOft. See notes 1,2, and 5 See note I Process I, II, III and IV are described in ~~ 22-351 -22-356, 22-36t - 22-370 22-386 - 22-4 I I, 22-43 I - 22-460, respectively. 35 ft. above average building elevation See notes I and 5 USE WNE CHART '" '" u co ~ -or./'J ~ 0I.l '5.5 C"~ ~~ ZONE CC-F SPECIAL REGULATIONS AND NOTES General I. The city may, using process III, modify required yard, height, landscape and buffer and other site design and dimensional requirements for a proposed office: I for development that meets the following criteria: each 300 a. The proposed development will be consistent with the adopted comprehensive plan policies for this zone; and ft f b, The proposed development will be consistent with applicable design guidelines; and sq, ,0 c, The street, utilities, and other infrastructure in the area are adequate to support the proposed development. gross floor 2, No more than a five-foot building setback is allowed adjacent to principal pedestrian right(s)-of-way, as determined by the director, unless: it is precluded area by existing site improvements, easements, topography, or other site constraints, as determined by the director; or to allow streetscape amenities, public on-site open space, or other architectural element(s) or improvements approved under Article XIX. The minimum building sethack along all other property lines is Medical the same as the perimeter buffer as required by Article XVII, ~tal 3, Assembly or manufacture of goods on the subject property is permitted only if: office: I for a, The assembly or manufacture is clearly accessory to an allowed use conducted on the subject property and is directly related to and dependent on this h 225 allowed use; eac ft f b. The assembled or manufactured goods are available for purchase and removal from the subject property and are for sale only to retail purchasers; and mJh..Q! c, There are no outward appearance or impacts from the assembly or manufacture, gross floor 4, The following regulations apply to veterinary office only: area a. May only treat small animals on the subject property; b. May not include outside runs or other outside facilities for the animals; See note 14 I c, The site must be designed so that noise from this use will not be audible off the subject property based on a certificate to this effect signed by an acoustical engineer and filed with the development permit application. 5. Structures on property that adjoins a residential zone shall be set back a minimum of20 ft, from the property line adjacent to the residential zone. The height of structures shall not exceed 30 ft. above average building elevation when located between 20 ft. and 40 ft. from the adjacent residentially-zoned property line, and shall not exceed 40 ft, above average building elevation when located between 40 ft, and 100 ft, from such property line. 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. I I, Single-story buildings may not exceed a total ground floor area of 16,000 gross sq. ft" unless approved under the provisions of ~ 22-977, or approved by the director for minor additions such as entry structures, lobbies, seating or dining areas, bay windows, and similar features; provided that such addition(s) shall not exceed 1,000 sq, ft, per building in anyone consecutive 12-month period. 12. No more than 16,000 sq. ft. of new single-story construction may occur on a subject property, excluding increases approved under the provisions of ~ 22- 977 and minor additions approved by the director under Note #11, above. 13. Multiple-story buildings are not subject to Notes #11 and #12, above; provided that each floor contains at least 75% ofthe gross sq. ft, of the floor below it and contains a principal use(s) permitted in this zone, 14. Required parking may be reduced under the provisions of ~ 22-1377(c)(I),(2),(3), and (4). For other information about parking and parking areas, see ~ 22-1376 et seq, Final Draft 6/19/07 (Ord. No, 90-43, ~ 2(50,50),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, 06-515, ~ 3, For details of what may exceed this height limit, see ~ 22-1046 et seq, For details regarding required yards, see ~ 22-1131 et seq, I 22~S26 Office/retail, ' The fO\\O""o, uses shall be ".,nnitted ,0 me off\,e _ USE ZONE Cll"Wr USE off\ce use Reta\\ establishment llToviding banking and Te\ated ftnancia\ services Reta\\ sales o{ groceries, llToduce and Telated items (61191101) DI'l'is1on 9. Ollie< yad- (Oy) 1'UE.N aCTOSS {oT RE-GUl,J\ 'noNS 0''''''''0'''' ,w.s1, "'" - '" fiod"" .. ,. ~ Required YaTds 'LONE Of (/J Z S ~ ... ~ - Sl'EClI>L )U:GUL"1'lONS;\ND NO'fES . d 55 {t abOve aveTage building elevatlon to , . ~ ,,,,,..h.-" Ul, ,b< """" of """,,,,,, ,- ",on . ; _,_ 0' 10 ft., ",\\ 0' "" '0\\0- "'''''' ::;"'.; P"""''''"'' "",oeted '" ,b< hulld'og; ..' , "" ,dd""",lhd"" ,.._ "'....... .', ~ ,od ,;. "" SU,,,,,, r>"'I"'" "'" no"~o'" , ",~,ennol "':' U 'ot "'" on' U. ",,,,,,,",,' ",on" " R ,. "',' ""u''''' ",d ,bU""" "" _ "rot<"" on' . "",,,,_ ,ulld"" ",,",non' ,nd. . '" b "" ",,,,,,,,,,,,,,,, ."" ,n' . d. "" 'n<""",,, """" wi\\ oot bI"" ,,,.. ""'''':' \ ',.. "" "'" of ,be ","i'" """"'" " ""blubed "" ,""""" """" " __, WI'" ",.1'" no ,'" ,. ., . ,1' 35ft ,,,,,,,,,,,,bUff" ~ "i. ~:;:.':~f.. ~ en,:,: ;:~;~: ;:.',~=;'d~~~;::;' '" i;""'" "" uw' ~, ",.._"""0"'" <<,' . f"" ~ Y""" "" on "" ","i'" r>"'I"'" "withiO ,00 ft. 0' , "",en''''' "m" ",en """,mOon , "" uom 3.lf ..,....on 0" _ b '\d"" "",oon. ' ~ "",_ ,ted' not """ 30 f\. ""'" ''''i:''' "' ,,\I ",,, ot ",",,'" ,,,,,tieS ,nd ..."""" 0'",",'" _ 4 0"," use "'" \nt'ude _,....' on'" ~ " '"" 0' "" .- Uon< "'" . . I .''''' ",,\lid"'" -"'" - uo",,,o -' ,n . nd _,erio, ",'" "....- ~~ ~ ~\,;ett r>"'I"'" ""~ be ""''''^ ,0 ",,' .., ""'" r:': .'t.:I~ ,-'" ", ,,,,,ted " '" " ...."'1< ~,to . _tin" ou- _ "" ",,,,0" "'" ot'ot," on ,""~,- not".....' · . . '" "" "". 'toto .., ",,,en"~ "m'. . . ",,,ubJ' eel ",,,,,,,, ,no' ""oW "" ,,- 0' '0'" "00'''"' .. . 6, May not conduct anY actlV\tY oT use on {utlWS OT odoTs, ,db Q2" \3 ,. 00_ "", "",'~ ,nd ,,,,,,,, u ""u"" , ,- . 'Oe $S "uo '<; S ';t:(/J 55f\, above aveTage bu1\ding elevation if> ~ f}; "'a"u 'S'~ 'a'~ ~Q.. r , A ., ~ .., \ l \ .e, \ '(j, :S ~ ... ~ .5 1M (/J if> if> g o .... ",Q.. ~~ .~ ., ::> ,~ crt ~cZ ~ Ggff\ce and T;tai\'. \ {OT ~~ 300 sq, {t, grOSS {loOT aTea PTocesS n lNon.e possible 11\ See note \0 see notes \ and '3 See notes I and '3 See note 9 Retail estab\isntlWnt llToviding otfwe su-Plllies, -pnnting and dUll\icating \ continued on ney.t a e , ,nd ar\;.in\', areaS, see ~ 1.1._\316 et seq. for other inforn>at\on about par\<\n\', a l' "\ , ...." 0'- "",."'" ... ",," """ .. , "-,,,.. d" ~...""....., ""... ,...,..,12-""'" I' L ~ process \, \1, Ul and l'J are described in ~~ 21.-35 \ _ 21.,356, 1.1.-36\ _11.-310 12,3&6 - 21..4\\, 22.43 \ _ 11.-460, resllective\Y, , .A t;J\9101 o�d�� 0�7-ss� (6/19/07) SECTIONS: 22-751 22-752 22-753 22-754 22-755 22-756 22-757 22-758 22-759 22-760 22-761 22-762 FEDERAL WAY CITY CODE (FWCC) Chapter 22, Zoning Article XI, "District Regulations" (in relevant part) Division 7, Community Business (BC) Office/retail. � �x'�r°'��. �a °+^r^R° Entertainment - Generallv. �'r*°-�*�;�m°M+ °+�. Vehicle and ec�uipment sales service repair - Self service stora�e. , , , �s�: Schools - Dav care facilities - Churches - Animal kennels. Se�s T'��� ^�r�e-€�t�es r'—� Multi-unit housin�. "�.,'*; , „:* "^„°;^^ Hotel or moteL LT^*°' ^r ��*°�. Hospital facilities - Convalescent centers - Nursing homes. �s�rt-a����TC-er������e��e�s ���s�g�e�e� Senior citizen, special needs housin . Group homes. Social service transitional housing. Government facility. Personal wireless service facility. ��-��b3 � a..,4 ,.��,......:..,....o�� ,.�;.,;.., ..o�,,;� o r.,a„i* „�o�� . ," � ," 22-764 - 22-790 Reserved. Division 10. ����;„°^� D^r'� �'�D` Commercial Enterprise (CE) 22-861 r�e-�t�e�sJ '�����t�eMn--� °~��'�. Manufacturing and production- GeneraL 22-862 n��b�����t=ro�a��� �:- Warehouse - Distribution - Storage facilities - Truck stops - Automotive emissions testin� facilities. 22-863 ��e��t�~-��L�oe�-��°ri"���en*�o�� �., .,:�:::Y:~�::*. Commercial Qhotog_raphv - Communications - Product testing - Industrial laundrv facilities. 22_g64 �.�e�ses,�sale-��t�t�e a� D��*^'� Hazardous waste treatment and storape - Chemical manufacturing - Gravel batch plant - Transfer station. 22-865 T'��e�c��ec��t�e��ec-�t�e�—���c-�c�=s Vehicle boat and equipment sales, rental service repair - Self service stora�e - Tow and taxi lots. 22-866 T���+°a ~°+��'. Retail - Bulk retail. � 22-867 D°�� Retail general and specialty - Manufacturing and production, limited. 22-868 LT�*°' �r m�*°'. Office uses. 22-869 �'° ��+��°„'�^����^^. Hotels - Motels. 22-870 r'���°~~~~°~+ �^^�'�'��. Business vocational trade schools - Dav care facilties - Animal kennels. 22_871 D°r����' � -°'°�� ° ° � ��'�+s�. Entertainment - Generallv. 22-872 Entertainment - Adult entertainment activity retail or use (adult uses). 22-873 Government facilities. 22-874 Personal wireless service facilities. 22-875 Multi-unit housin�. Final Draft 6/19/07 CITY OF �� Federa I Way MEMORANDUM May 21, 2007 TO: Land Use/Transportation Committee (LUTC) FR: Lori Michaelson, Senior Planner� v Kathy McClung, Director of Community Development Services � � VIA: Neal Beets, City Manager RE: Business Park (BP)/Commercial Enterprise (CE)/Community Business (BC) - Zoning Text Amendments (City File No. 06-105688-00-UP; Related File Nos_ 07-100576-00- SE; OS-103610-00-SE; OS-103609-00-UP) The above referenced proposal is scheduled for LUTC review and recommendation on May 21, 2007. This memo provides a brief background and summary of the proposal. For detailed information on the proposal, please refer to the attachments listed below. PLANN[NG COMM[SSION PUBL[C HEARING AND ACTIOl�1 The planning commission public hearing on the proposal was conducted on March 14, 2007; March 21, 2007; and April 18, 2007. At the close of the hearing, the commissioners deliberated, but did not reach consensus on a recommendation, in accordance with FWCC 22-539(a). Four of the total seven members were present, and three voted to recommend adoption of the proposal. However, the motion failed, as it lacked the code-required majority vote of the entire membership, or four votes. Also, the commissioners discussed, but did not concur, on a modification to allow mixed-use residential in portions of the CE zone. They aiso did not raise or discuss a recommendation to not adopt the proposal. Therefore, per code, the proposal was forwarded to the City Council with no recommendation by the Planning Commission. WR[TTEN COMMENTS Written comments and public testimony received on the proposal are attached. There are no unaddressed concerns, except those of Mr. Jesse Cherian, of ST Fabrication, Inc. ST Fabrication is an existing steel fabrication plant on property that is proposed to be rezoned from Business Park (BP) to Commercial Enterprise (CE). The property is located south of South 356` Street, west of SR-161, east of SR-99, and is bounded by RS-15.0 zoning to the south. Under the proposed amendments, ST Fabrication would become nonconforming as to its location, because industrial uses would not be allowed on property that adjoins a low or medium density residential zone (including RS-i 5.0). Mr. Cherian would like to see mixed-use residential allowed on his properiy, such as is allowed in the Community Business zone, in order to facilitate his redevelopment concept. As noted above, the Planning Commissiori discussed but did not agree on a modification to address this concern. Staff inet with Mr. Cherian, discussed his options, and recommended that he apply for a comprehensive plan amendment and rezone, in order to allow a thorough staff analysis and recommendation on the land use and other impacts related to his request. However, staff is prepared to respond to any Council direction on this matter. � Dot. I.D. 40583 l • Residential uses are not allowed, consistent with the CE designation in the comprehensive plan. Although senior housing �vas previously allowed (in BP), this change will not make any existing senior housing projects nonconforming, so Iong as "Mitchell Place" is rezoned to multiple family residential as proposed; • "Base height" for hotels/motels is increased from 40 feet (in the previous BP zone), to 45 feet., with the ability to modify height to 55 feet (the same as other uses were afforded in the previous BP zone). The base height increase will allow one or two more floors while not competing with hotel heights in the City Center, provided a corresponding height increase for hotels in City Center Frame is adopted; • Minimum lot size only applies to industriai uses, which must have 1.5 acres, and the most intensive industrial uses, which must have 5 acres. (The previous BP zone applied a 1.5- acre minimum lot size to all uses and 5 acres for heavy industrial.) • Other site design and development regulations, such as setbacks and buffers were reduced, and made more use-specific; except in all cases, the existing 20-foot setback and 30 foot height limit adjacent to residential zones is retained. COMMUNITY BUSINESS (BC) • The BC zone continues to allow the existing predominant mix of retail (including auto- oriented retail) and commercial uses, with inereased emphasis on mixed-use commerc ial/residential; • The "base" height for hotels/motels is increased from 35 feet to 45 feet, modifiable to 55 feet (same as for CE as noted above). Also, the "base" height for mixed use commerciaUresidential is increased from 35 feet to 55 feet, and the modifiable height is increased from 55 feet to 65 feet. • The density cap for mixed use commerciaUresidential is increased from 18 dwelling units per acres to 22 dwelling units per acre, in proportion to the height increase. • The decision process and criteria for height rr►odifications are simplified and c(arified. • Truck stops, transfer stations, buik retail, and adult entertainment are "redirected" to CE (resulting in no known nonconforming uses); • "Manufacturing and production, limited" is a permitted use, as defined; the purpose of which is to allow compatible smail-scale manufacturing and production operations, such as jewelry, ceramic goods, apparel, specialty foods, etc., in conjunction with retail sales; • Vehicle and boat body repair and painting is permitted as a principal use, instead of only as an accessory to new car sales, as previously required. ATTACHMENTS AND RELATED MATERIALS Attached are the Draft Adoption Ordinance; final draft code amendments (Exhibit A) Pianning Commission Staff Report (Exhibit B), Written comments (Exhibit C), and Pianning Commission public hearing meeting minutes (Exhibit D). Doc. I. D. 40583 PURPOSE OF ANiENDN1ENTS The amendments will address City Council direction to make the Business Park (BP) zone more responsive to market conditions favoring retail and other development. Council direction is based on a consistentiy low demand for industrial development and high demand for retaii and other development, as reflected in a large number of requests to rezone BP-zoned property so as to aliow such uses. The 2005 Federal Way Cornprehensive Plan (FWCP) Economic Development chapter noted this concern, and the July Z000 Market Analysis showed that the City is significantly oversupplied with industrial-zoned property relative to its 20-year demand forecast. The Puget Sound Regional Council has reported a widespread shift away from the manufacturing sector, and toward the retail sales and services sector, and manufacturing uses tend to locate in regional centers such as the Kent Valley and the Port of Tacoma, and not in urbanized areas. The updated comprehensive plan policies will address these and related concerns, as noted below, and the policies will be implemented through the proposed zoning text amendments. POLICY D[RECT[ON EOR AMENDMENTS Foilowing is a brief summary of the 2006 updated comprehensive plan "visions" for Commercial Enterprise (CE) and Community Business (BC), and how they are implemented in the proposed zoning. Commercial Enterprise (CE) is intended to capture demand for a diverse mix of retail, commercial, office, and industrial uses arrayed in high quality and well integrated developments. New uses would include retail sales services, restaurants, day care facilities, vehlcle service stations, car washes, truck stops, bulk retail, and other compatible uses. Like the previous BP zone, CE would "remain" the sole industrial-use zone in the City. Residential uses are not contemplated in CE, due to incompatibility with industrial, bulk retail, adult entertainment, gambling, and other intensive uses. Community Business (BC) continues to contemplate a broad array of uses, including general, specialty, and service retait (including auto-oriented retail); commercial; office; and mixed-use commerciaUresidential. However, an increase emphasis is placed on mixed-use commercial/residential, and this is implemented through code amendments such as increasing height and density for these uses; emphasizing uses that are compatible with a residential population, and no longer allowing uses that are not compatible, such as truck stops, transfer stations, bulk retail, and adult entertainment. PRINCIPAL AMENDMENTS Summarrzed below the key features of the amendments related to the Commercial Enterprise (CE) and Community Business (BC) zoning districts. Other substantive amendments apply to other portions of the zoning code. Please refer to the draft ordinance and attachments for the complete proposal. COMMERC[AL ENTERPRISE (CE) The CE zone will allow a broad range of retail sales, services, commerciai, and office uses, that were not previously allowed (in BP); including general and specialty retail, day care facilities, restaurants, bulk retail, vehicle sales/service/repair, vehicle service stations, car washes, huck stops, adult entertainment, and gambling uses; in addition to industrial and other uses that were previously allowed (in BP); "Industrial" uses, as defined (manufacturing, warehousing, fabrication, assembiy, gravel batch plant, transfer station, etc.) are not allowed on property that adjoins a low or medium density residential zone, to ensure appropriate use separation; Doc. t.D. 40583 Exhibit B STAFF REPORT TO PLAr1NING COMMISSION NOTES: ■ THE FOLLOWING EXHIBITS ARE NOT ATTACHED TO THIS STAFF REPORT. THEY ARE EXHIBITED TO THE MAY 21 � 2007 LUTC MEMO OR INCORPORATED INTO THE PROPOSAL AS NOTED BELOW. -EXHIBIT A(COMPREHENSIVE PLAN GOALS AND POLICIES� REFER TO "EXHIBIT B" OF THE LUTC MEMO. -EXHIBITS B THROUGH I(SPECIFIC TEXT AMENDMENTS� - REFER TO ��EXHIBIT A" OF THE LUTC MEMO. • THE STAFF REPORT HAS BEEN EDITED TO REFLECT MODIFICATIONS MADE TO THE PROPOSAL DURING THE PUBLIC HEARING PROCESS. THOSE EDITS ARE SHOWN IN / DOUBLE UNDERLINE IN CONTRAST TO THE INITIAL CHANGES, SHOWN IN /SINGLE UNDERLINE. Doc. I.D. Exhibit B to May 21, 2007 LUTC Memo �� � ��� ct7Y o� � ! ��-° Fec����� �� STAFF REPORT TO THE PLANNING COMMISSION Planning Commissian Public Hearing March 14, 2007 Proposed Text Amendments to Federal Way City Code (FWCC) Chapter 22, "Zoning" Article XI, Division 10, "Business Park"/"Commercial Enterprise" Article XI, Division 7, "Community Busi�ess" and Other Related Amendments (File No. 06-105688-00-UP) (Retated Fite Nos. 07-100576-00-SE; OS-103610-00-SE; OS-103609-00-UP) Report preparecl by: Lori Michaelson, AICP, Senior Planner TABLE OF CONTENTS I. PURPOSE AND SUNt�tARY OF PROPOSAL ------------------------------------------------° 1 II . RELATED COMPRENENSIVE PLAN AMENDMENTS--------------------------------------2 III. PRUCEDURAL SUMMARY--------------------------------------------------------------------2 IV. OVERVIEW OF PROPOSED AMENDMENTS--------------------------------------------------3 TABLE I- OVERVIEW AND COMPARISON OF ALLOWED USES---------------------4 TABLE II - OVERV[EW OF KEY SITE DESIGN AND DEVELOPMENT CHANGES ----8 V. AMENDMENTS TO BUSINESS PARK (BP)ICOMMERCIAL ENTERPRISE (CE)------ 1Q TABLE III - PROPOSED CHANGES TO ALLOWED USES ------------------------------ 11 TABLE IV - PROPOSED CNANGES TO DEVELOPMENT REGULATIONS-------------- 12 VI. Ai�1ENDMENTS TO COMMUNITY BUS[NESS (BC) ----------------------------------------- 16 TABLE V- PROPOSED CHANGES TO USE ZONE CEIART ----------------------------- 16 VII. AMENDMENT TO HOTEL HEICHT IN CITY CENTER FRAME (CC-F� ---------------- 20 VIII. AMENDMENTS TO "DEFiNITIONS"------------------------------------------------------- 20 IX. AMENDMENTS TO "COMMUNITY DESICN GUIDEL(NES" ------------- -- --- 21 X. AMENDMENTS TO "LANDSCAPING"-------------------------------------------------------- 22 XI. AMENDMENTS TO "OUTDOOR STORAGE" ----------------------------------------------- 23 XII. OTHER RELATED AMENDMENTS------------------------------------------------------ 23 XIII. NONCONFORNIING USE POTENT[AL-------------------------------------------------------- 24 XIV. STAFF ANALYSIS AND RECOMMEIVDATION ---------------------------------------------- 24 XV. PLANN[NG COMMISSION ACTION --------------------------------------------------------- 25 XVI. DEC[S[OIYAL CRITERIA---------------------------------------------------------------------- 26 XVII. L[ST OF EXHtBITS -------------------------------------------------------------------------- 29 (Note: Not all copie.s of all staff rep�rts contain all exhibits. Exhibits and otlier information rrcay be obtained upon request at the City of Federal Way Department o Community Development Services, 33325 8`" Avenue South, PO Box 9718, Federal Way, WA 980b3-9718) I. PURPOSE AND SiJMMARY OF YROPOSAL The proposal is to amend the text of various sections of Federal Way Ciry Code (FWCC), Chapter 22, "Zoning"; principally, the existing zoning districts of "Business Park (BP)" and "Community Business (BC)," along with other related amendments. The principal purpose of the amendments is to address City Council concerns with making zoning more responsive to market conditions favoring retail and other uses, such as the emerging development in the BC area of South 348` Street along BP boundaries. The 2005 Federal Way Cornprehensive Plan (FWCP) Economic Development Chapter stated, "There has been no substantive Business Park development since the City's incorporation. This lack of recent Business Park development suggests the influence of market farces outside the City litnits, where cheaper land and established industrial parks act as a draw for prospective business park development." In addition, the City has received a high number of requests to rezone BP property, most often to BC. The July 2000 Market Analysis found that between 2000 and 2020, there would be demand for 11 to 13 percent of the available BP zoned land. At that time, the Market Analysis showed 203 acres of vacant land in the BP zone, which equated to a demand for 22 to 26 acres over a 2Q-year period. Economic forecasts by Puget Sound Regional Council (PSRC) and others also show a significant market shift away from manufacturing and toward retail sales and services. Staff presented optional approaches to the amendments to the Land Use/Transportation Committee (LITTC), and the approach prefened by LUTC is reflected in the proposed zoning amendments and related comprehensive plan amendments. T'he proposed amendments are designed to address emerging markets and development trends, while preserving existing "core" visions and generalized land uses, for the existing BC and BP zones. This includes renaming `Business Park (BP)" to "Commercial Enterprise (CE)"; remapping the boundaries of the two zones; revising the mix of aliowed uses in accordance with updated visions; and using design and development standards to ensure integration and compatibility between diverse uses and the quality of the built environment. As a result of comprehensive plan map changes (Exhibit A), CE will encompass all of the existing BP-zoned properties, and in addition, the BC-zoned properties lying generally south of South 339`�' Street (excluding properties that will remain BC under pre-existing zoning agreements). The balance of the BC area, lying generally north of South 339"', will remain BC, with no other boundary changes. The proposed map changes will result in an increase of total BP area, &om 253 acres to 456 acres (as CE); and decrease of BC area, from 467 acres to 260 acres. CE (BP) will continue to be the City's only zone allowing industrial uses, including all previous BP uses. In addition, it is intended to capture the demand for a diverse mix of industrial, office, and retail sales and services, arrayed in well integrated, high quality developments. New proposed uses include unlimited retail sales and services, restaurants, offices, day care facilities, vehicle service stations, car washes, truck stops, bulk/big box reYail, and adult entertainment. The proposed new uses will respond to emerging markets and integrate well other development, traffic, and employment patterns in this area. Housing is not contemplated for this designation; therefore, senior citizen housing is redirected to other zones. Also, industrial uses are restricted from property adjoining low and medium residential zones to ensure appropriate separation. Praposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06-1056s8-00-UP / Doc iD 40034 Planning Commission Staff Report Page 1 Community Business (BC), as updated, will continue to allow a broad mix of uses, including general, specialty, and service retail (including auto-orientedretail); commercial; office; and mixed-use commercial/residential. However, additional emphasis is placed on mixed-use commerciaUresidential, and incompatible uses, such as truck stops, transfer stations, bulk/big box retail, and adult entertainment, are redirected to CE and no longer allowed in BC. II. III. Key height-related amendments include increasing the "base" (as-of-right) height for hotels! motels in BC and CE, and correspondingly in CC-F; increasing base and modifiable height for mixed-use residentiai in BC, and updating the decision criteria for administrative height increases. RELATED COMPREHEiVSIVE PLAN AMENDMENTS (File No. 05-103609-00-UP) The 2006 comprehensive plan amendments wili update the comprehensive plan maps, designations, goals, and poiicies relative to BP/CE and BC; and the zoning amendments will implement the comprehensive plan updates. The comprehensive plan updates are being processed separately but concurrently with the zoning amendments. As noted in Section I, the updated comprehensive plan maps and policies (Exhibit A) continue to aclrnowledge existing generalized land use patterns, while updating the mix of allowed uses, to emphasize residential and reiated uses in BC and to integrate retail and commercial uses into light industrial in BPICE. (The environmental impacts of the proposed comprehensive plan re-designations and policy changes were analyzed under file number OS-103610-00-SE.) PROCEDURAL SUMMARY Date July 17, 2006 November 20, 2006 December 20, 2006 February 20, 2007 March 5, 2007 March 14 & 21, 2007 March 19, 2007 Action Land Use/Transportation Committee (LUTC) Review/Direction on Uptional Approaehes to Amendments LUTC Review/Direction on Preferred Approach to Amendments Planning Commission Study Session on Proposed Amendments Determination of Nonsignificance (DNS) Issued Pursuant to the State Environmental Policy Act (SEPA} SEPA Comment Deadline Public Hearing before the Pianning Commission SEPA appeal deadline Praposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06-105688-00-UP / Doc ID 40034 Planning Commission Staff Report Page 2 State Envirorimental Policy Act (SEP�): As noted above, the City issued a Determination of Nonsignificance (DNS) on the proposed zoning text amendments (and related comprehensive pian amendmen#s) on February 20, 2007. No written comments were received by the deadline of March 5, 2007, and the DNS was tinalized, subject to the March 19, 2007, appeal deadline. Pu61ic Notice: Public notices of the City's environmental threshold deternlinations, and of the March 14, 2007, and March 21, 2007, Planning Commission Public Hearing on the proposed text amendments and related comprehensive plan amendments, were duly prepared, distributed, and posted in the City's official newspaper and notice boards, in accordance with all applicable code requirements. In addition, the notices were mailed to all owners of real property zoned BP or BC, or owners of real properiy located within 300 feet of such property, and all parties who had requested to be notified. It was also published on the City's website and as a press release (in addition to the official pubiic notice) in the Federal Way Mirror. IV. OVERVIEW OF KEY PROPOSED AMENDMEIVTS As noted above, in BP/CE, all BP-permitted uses are preserved, except senior citizen housing, and a broad range of retail and commercial uses are added. In BC, all existing uses are preserved except truck stops, transfer stations, buik/big box retail, and adult entertainment. Also proposed in BC is a new use classification and definition ("manufacturing and production, limited") to allow small-scale manufacturing and production operations in conjunetion with retail sales, such as custom jewelry making and other custom made arts and crafts. Tables I and II provide a comprehensive overview of the proposed key changes to allowed uses, and key changes to site design and development regulations, respectively, for both the BP/CE and BC zones. Refer to Sections V and VI for additionai detail and analysis of zone-specific changes. Also, refer to Section XIII for a discussion of the potential effects of use-related changes on existing development. Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06-105688-00-UP / Doc ID 40034 Planning Commission Staff Report - Page 3 TABLE I ; BP�CE�BC CODE AMENDMENTS I OVERVIEW AND COMPARIS�N OF ALLOWED USES — EXISTING AND PROPOSED BUSINESS PARK (BP)/ COMMUNITY BUSINESS (BC) USE(s) COMNIERCIAL ENTERPRISE (CE) Existing (BP) Proposed (CE) Elusting Proposed OFFiCF: Allowed, but limited to sites of Allow on sites of any Allowed with no limits. No change (continue to allow two acres or more, and limited size, with no gross with no ]imits). to 50% of the gross floor area. floor area limit. B.aNht�G nhD RFI.,�TEn F�N,�NC�,�1: Not allowed. Allow. Allowed. No change (continue to allaw). RF Tnir.. {the retail sales & services Only "limited retail" is Expand to allow the The fiill spectrum of retail Eliminate bulk retail and big "spectrum" includes sales of' gruceries, allowed (sale of lumber, paint, full spectrum of retail sales and services is allowed, box retail. In a related produce, di•ugs, personat care products, glass, grain, seed, wholesale sales and services, including bulk and big box amendment. �lim ic�ate all cQde books, l�ousehold goods, sporting goods, nursery stock, etc.). (Note: including "bulk" retail, retail. r�f�re�r " � bor_i_�tail" clothing, variety, etr, services like beauty, "Lumber material yard" is as "bulk retail''_ it� barber, dry eteaniug, shoe repair, video; duplicated in the "limited Contii�ue to allow all other ``bullc" retail (like Costeo ,Ho�ne Denot, industrial" category of ases.) retail sales and services. and Super Walmart) " ' " ������d�� �� HOTEL—MOTEL Allowed Continue to allow (no Allowed. Continue to allow (no � change). chan'e). En�rFxT A1N;VIF,NT (retail est ��blishment Sit-down restaurants limited to Allow all uses without All listed entertainment uses No change. providing entertainment, recreational or 50 seats. Commercial linuts. are allowed. cultui•al seraices or activities; private recreation faciliries allowed, club or lodge; health club; golf course; Other listed uses not allowed. golf drivit3g range; indoor pistol range; bingo hall; tavern) Proposed Text Amendments to FWCC Chapter 22, "Zoning" Fite # 06-105G88-00-UP/ Uoc ID 40034 Planning Commission StaffReport Page 4 TABLE I BP(CE�BC CODE AMENDMENTS OVERVIEW AND COMPARISON OF ALLOWED USES — EXISTINC AND PROPOSED _ I --j � � BUSINESS PARK(BP)/ � COMMUMTY BDSIN�SS (BC) � USE(5) COMMERCIAL ENTERPRISE (CE� __ Existing {BP) Proposed (CE) Existing Proposed �U[.�' Ev TERTAI�iMEtiT Not allowed. Add as an allowed use. Allowed. Do not allow. VEHICLE, BOAT, TIRE, OR EQUIPNIENT All uses allowed except Allow vehicle service Heavy equipment rental not Allow vehicle and boat bociy SALES, SERVICE, RENTAL, REYAIR AND/OR vehicle service station, car station, car wash, allowed; auto emissions repair and painting as a PAtNTiNC, VEHICLF. SERVICE STATION, CAIt wash, or vehicle, etc. sales; testing not allowed body pruicipal use (subject to WASH, AU'COMOTIVE ENIISSIONS TES1'ING vehicle/boat/tire/equipment continue to allow other repair/ painting allowed only design and �erformance � sales, uses. when accessory to new standards). Allow fueiiug vehicle or boat sales; other for conunercial vehicles, but listed uses allowed. only as a secondary use to a vehicle seivice station. No other changes. OVERSIZED COMMERCIAI. VEHICLE Not allowed. Allow. Allowed. Continue to allow tow and FACILITIES ANb SERVICE YAKDS {truck taxi lots, but do not allow stops; tow or taxi lots; transfer facilities) mick stops or transfei� stations. SCxooLS Only vocational and trade Continue to allow only All schools are allowed. Continue to allow (no schools are ailowed. vocational and trade change). schools (no change). i DAY CARE FACILITIES; CHURCHES Not allowed. Allow day care Allowed. Continue to allow (no facilities. Continue to change). not aliow churches. Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06-to5688-UO-UI'/ voc 1D aoo3a Planning Commission Staff Report Page 5 � � � TABLE I � � � � BP(CE�/BC CODE AMENDMENTS � OVERVtEW' AND COMPARISON OF ALLOWED USES — EXISTING AND PROPOSED ' BUSINESS PARK (BP)/ COMMUNITY BUSINESS (BC) I COMMERCIAL ENTERPRISE (CE) � USE(s) -� Existing (BP) Proposed (CE) Elcisting Proposed I RESIUENTIa.L. (multifamily group homes, Senior citizen housing is Etiminate senior citizen All listed uses are allowed, but Continue to allow (no social services transitionai housing, senior the only residential use housing. (No not on the ground floor; change). citizen housing) allowed. nonconforming use is therefore, they must be part of i created ifMitchell Plaee is a mixed use project; except rezoned to RM as proposed.) senior citizen and other housing � can stand alone. PHOTOGt�YHIC, CbMMUNICATION, All listed uses are allowed. Continue to aliow (no Not allowed. Continue to not allow RESEnRCx (commercial or industrial change). (no change). photography, video production, broadcast studios, who(esale printing & publishing, research & development facilities) WAREHOUSES, WHOLESALE DISTRIBUTION, All listed uses are allowed. Continue to allow (no Self storage facilities Continue to allow self STORAGE YARDS (warehouses, wholesate change). and parking lots for storage of service storage and distribution facilities, office/warehouse, recreational vehicles are parking for recreational equipment storage yards, setf-service allowed. Other listed uses are vehicles; provided RV storage facilities) not allowed. parking co-locates with a self-service storage facility. Continue to not allow the others. LIMITED IivDUSTRIAL USES (hazardous All listed uses are Continue to allow (no Not ailowed. Continue to not allow waste treatment & storage; chemical ' Allowed. change). (no change). manufacturing; gravel batch plant; industrial laundry faci(ities; lumber yard) Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06-105688-00-UP/ Doc ID 40034 Planning Commission Staff Report Page 6 TABLE I BP(CE)/BC CODE AMENDMENTS OVERYIEW AND COMPARTSON OF ALLOWEb USES — EXISTINC AND PROPOSED BLTSINE5S PARK (BP)/ COMMUNITY BUSINESS USE(S) COMMERC[AL ENTERPRISE (CE) (BC) Existing (BP) Proposed (CE) Existing Proposed FABRICATIOIV, ASSEMBLY, DISTRIBUTION (fabriCation of clay, All listed uses are Continue to allow (no Not allowed. Continue to not glass ceramic, tight stone and china products, components and allowed. change), allow (no change). parts for vehicles, boats, and aircraft; metal ptating & coating; engraving, stone cutting; fabrication � assembly of of�ce equipment, furnitare, fixtures, etc.; bulk food preparation; manufacturing of food products, textiles, leather, apparel; etc.; other fabrication, assembly, distribution, repair & technology) ADD THE FOLLOWING PRINCIPAL USES (BASED ONINTERPRETATION AND/OR RESEARCH FINDINGS & PLANNING COMMI.4SION DIRE. CTION AiviMAL KEtv1vEL (would also include animal day care, animal Has been allowed in BP "Conrinue" to allow, Allowed by "Continue" to training facility, animal show facility) by interpretation. but add the specific interpretation. allow; add to chart. � � use to the chai�t. IVjANUFACTURING AND PI20DUCTION� LIMITED Would be ailowed as " Conrinue" t0 allOW, AliOw. Add t0 A110w, as deflrled (new use classification and definition) manufacturing, but clarify by adding chart, and regulated in the use to the chart code amendments. and providing a definirian. GAMBI.INC ITCF.0 A�]owed bv Add to CE Use Chart May have been not allow � internretation. at P ' 1 w� express listin�� Commission reauest. internretation. the CE Ch�rt an (Definition aireadv not on the._B exists in Article IL har Proposed Text Amendments to FWCC Chapter 22, "Zoning File # 06 Doc ID 40034 Planning Commission Staff Report p� 7 TABLE II OVERVIEW OF KEY SITE DESIGN AND DEVELOPMENT CHANGES Subject Zone(s) Proposed Amendments (See zone-speci�c information in Sections V, VI, and VII for a more detailed description of the changes, and the related staff analysis.) Review process for height modifications CE(BP) Reduced from "Process III" to "Director's Decision," so that Process III/public notice is not triggered & BC solely for height modifications. Height modification decision criteria CE(BP Clarified and modified the decision criteria for height modifications. Introduced design standards for c� BC roof design that will address height-related aesthetic impacts, and encourages, but does not require, higher ground floor ceiling height (13 feet) and depth (15 feet), for more graciously scaled, flexible, and convertible spaces, while maintaining appropriate setbacks between increased height and adjacent residential zones. Height increase, hotels/motels CE(BP) Increased "base" (as-of-right) height to 45 feet (from 35 feet in BC and from 40 feet in BP). Also, & BC hotels/motels in CE (BP) are given the same height modification option (to 55 feet) as is available to � other uses. The increase is enough to address development-related concerns, but not compete with i hotels in the City Center (see "companion" height amendment to CGF, below). Also eliminated the existing maximum number of floors at base height (45 feet), but estabiished a maximum fot�r floors at the modifiable height (55 feet} in order to encourage higher ceiling heights. (A maximum number of four floors is also proposed for other pedestrian oriented uses, i,e., general retail, office, entertainment.) "Companion " height increase, hotels/nzotels CGF Increased base height for hotels in City Center Frame (CC-F), from 45 to 65 feet, as a"companion" to the above-noted height increase, in order to maintain a comperitive height advantage in the City Center. (No other changes are proposed to the CC-F, which includes an existing administrative height modification to an unspecified maximum height.) Height, and corresponding densiry, increase BC Increased base height from 35 to 55 feet and inereased modifiable height from 55 to 65 feet. This - rnixed-use residential/com»iercial allows a typical construction format of five floors of wood frame over concrete at the 55 feet base Proposed Text Amendments to FWCC Chapter 22, "Zoning" Fi�e # o5-io56ss-oo-u�r no� in aoo3a Planning Commission Staff Report Page 8 TABLE II OVERVIEW OF KEY SITE DESIGIV AND DEVELOPMENT CHANGES Subject Zone(s) Proposed Amendments (See zone-specific information in Sections V, VI, and VII for a more I detailed description of the changes, and the related staff analysis.) height, and maintains capacity for at least one more floor at the 65-foot modifiable height. Density (number of dwelling units based on land area) was increased in proportion to the height increase. Stra�cta�ral setbacks fi°om residenlial zones CE(BP) & Retained existing maximum height of 30 feet within 100 feet of a residential zone; except the BC BC setback for mixed-use residentiaUcommercial and stand-alone housing, such as senior citizen housing and group homes, is established at 30 feet when between 20 to 40 feet from a residential zone, and 40 feet when between 40 to 100 feet from a residential zone. Parking reguirentents, meclical/dental Cirywide Established a higher parking ratio for medicalldental offices than for general office, since they generate offtces a higher parking demand and have caused parking concerns. The recommended ratio was taken from the International Transportation Engineers (ITE) Manual, Parking Generation Table, and is one stall per 225 square feet of gross floor area. (General office [ 1:300] has not been a problem and would remain unchanged.) Minimasrr� lot sizes CE(BP) Eliminated (or in the case of new uses, did not establish) minimum lot sizes for all uses except "industrial uses" (as defined in amendments); all of which would retain the existing 1.5-acre lot size, except uses such as hazardous waste treatment facilities and gravel batch plants would retain the existing five-acre lot size to preserve sufficiently large parcels for these land-intensive uses, Operz space re9uirements, mixed-use BC Slightly reduced and modified open space requirements, similar to recent amendments to mixed-use residential residential (in CGF), in light of access to public parks and to recognize private spaces, such as patios. Structural setbacks CE (BP) Slightly reduced existing BP setbacks and established setbacks for new retail and commercial uses � comparable to setbacks for the same uses in B�, but in all cases the existing 20-foot setback fi�om residenrial is maintained. A slight reduction in existing setbacks is consistent with the expanded nux af pedestrian scale retail, office, and commercial uses contemplated for this zone, and in light of other code-based design & performance controls. Other related amendments BP/CE Sections VIII through XII of this report contain descriptions and related analysis of other amendments, & BC including definitions, community design guidelines, outdoor storage, and others. Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06 Duc ID 4UO34 Planning Coitimission Staff Report Yage 9 V. AMENDME(YTS TO BUS[NESS PARK (BP)/COMMERC[AL ENTERPRISE (CE) Exhibit B contains the existing "Use Zone Chart" for Business Park (BP) and the "Use Lone Chart" for Commercial Enterprise (CE), which would replace it. Given the extent of the changes, a°� version of the proposed changes (from BP to CE) was not practical. Instead, the existing BP chart will be repealed in its entirety and replaced with the CE title, related development regulations, and other changes shown on the proposed CE chart. A complete reformatting and reordering of use classifieations was necessary to accommodate the new and expanded uses, and various non-substantive changes were incorporated, such as codifying interpretations and addressing errors, conflicts, or redundancies. Tables III and N describe the proposed changes to allowed uses and the proposed changes to deveiopment regulations, respectively, to the BP/CE zone. Proposed Text Amendments to FWCC Chapter 22, "Zoning" Fite # 06-105688-00-UP / Doc [D 40034 Planniog Commission Staff Report Page 10 TABLE III PROPOSED CHANGES TO ALLOWED USES IN BP/CE (SEE "USE" COLUMN OF USE ZONE CHART [EXKIBIT B]). RETA[NED USES NEW/EXPANDED USES ELTMINATED OR RESTRICTED USES All non-residential uses previously allowed in BP The following `�rincipal uses � Because the CE designation does not contemplate remain consistent with the CE designation and n4t allowed in the nrevious BP zone� are housing, senior housing (previously allowed in BP) continue to be allowed, including manufacturing, consistent with the CE designation and are would not be allowed in CE, but rather, is directed to � fabrication, assembly, warehouse, distribution, added as allowed uses: truck stops, other zones providing ample development opporttmity for ' storage yards, automotive emissions testing, recycling facilities, transfer starions, gas such uses. Residential uses are typically not located, or ; commercial photography, broadcast studios, stations, car washes, vehicle and related allowed, in industrial-use areas and vice-versa, � product testing, comrnercial printing, industrial ales retail-bulk a�-�g--be�, retail- laundry facilities, hazardous waste treatment, general and specialty, limited In addition, to ensure appropriate separatian of chemical manufacturing, gravel batch plant, manufacturing and production (new use incompatible uses, "indusrriai uses" (as redefined in the vehicle-boat-equipment sales-rental-service repair, and definition, see analysis below), office proposal) are restricted from property .'" lumber material yard, hotel-motel, business and uses, day care facilities, ammal kennels �����5` Shat adjoins a ow or me i m � h�ade schools; comtnerciai recreation, government and eare facilities, entertainment (general; ensitv residential zones. This applies to uses such as I facilities, and wireless service facilities. adult entertainment); recreational or manufacturing, fabrication, assembly, warehouse, truck � � eultural services or activities; an stop, transfer station, automotive emissions testing, � I "Industrial uses", as redefined in the proposal, are gamblin� use was added by interoreta ' n product testing, broadcast studios, commercial printing � ".. ,those uses allowed only in the CE zone as an per nlannine commission ue t to be and publishing, and hazardous waste ri�eatment plants. I listed in FWCG Sec. 22-861 through Sec. 22-864." snecificallv listed. Ample development opportunity remains for industrial (First four use categories on the new CE Use Zone uses at other locations in CE, in a total area that is Chart.) approximately twice the size of the previous BP zone. See Section VIII for a discussion of the potential nonconforming effects of the proposed amendments. Proposed Text Amendments to FWCC Chapter 22, "Zoning" Planning Commission Staff Report File # 06-105688-00-UP / Doc 1D 40034 Page ] 1 TABLE IV � PROPOSED CHANGES TO DEVELOPMENT REGULATIONS IN BP/CE (SEE "USE ZONE CHART," EXHIBIT B) REGULATION CHANGE(S) RECOMMENDED RATIONALE/STAFF ANALYSIS ( — (Note: Tlie new uses noted in Table III, above, are shnwn on the CE Use Zone Chart in their respective use cutegories.) � Land use review Process II or, with SEPA, �ess�e Process III.-�=�z. Updates and clarifies. The FWCC requires Process III in al] � process (all cases where SEPA applies, and reference to note 1 would no uses, all charts) longer apply, with related changes to the review process for � height modifications (below). Review process As noted in IV B, above, the review process for height increases is reduced Streamlines development review. Process III/public notice is f'or height from Process III (or in the case of hazardous waste treatment plants, unnecessary solely for height modifications. Public disclosure is modifications Process IV) to "director's decision." ensured by clarified and updated decision criteria (below), and (all uses except since major projects (nan-SEPA-exempt) would remain subject as noted.) to Process III/public notice/appeals. (Note: This change �vould � not apply to adult entertainment uses, or uses such as hazardous � � waste treatments plants, which would remain subject to Process IV [hearing examiner decision] for height modifications.) Minimunt lo£ Eliminated the existing rrunimum lot size of 1.5 acres for non-industrial Updates for use-specificity, and emergence of pedestriau-scale slze uses and applied no nunimum lot size to new retail and commercial uses. retail and commercial uses. Minimuni lot sizes may limit The existing 1.5-acre minimum lot size was retained only for industrial development opportunity and are less important given other uses (per proposed definition, section VIII); and the existing 5-acre "bulk/scale/design" standards like height, setbacks, landscaping, minimum lot size was retained for gravel batch plant, hazardous waste and design guidelines. However, as recomrnended, minimiim lot treatment and storage, chemical manufacturing, and transfer station. size will be retained for industrial uses (as defined, Section VIII) in particular, uses such as gravel batch plants, to reserve an adequate supply of larger properties f'or such land intensive uses. Required Ft•ont Reguii�ed Frait Yards, Existing: Variable: 25 ft/35 fU50 ft, depending on Variable front yard setbacks are unpredictable and outdated in Ya�•ds location of parking and storm drainage facilities (except 10 ft for accessory light of other code regulations that address bulk, scale, and (Minimum restaurant; case-by-case for public transit and parkshecreation; and 50 ft aesthetics, such as orientarion and treatment of entrance fa�ades, structural for hazardous waste and similar uses). buiiding and site design, and location and screening of outdoor setback from storage and parking. Also, existing setbacks would be excessive front properry Proposed: 20 ft for all uses, except 5 ft for pedestrian scale uses (general/ for pedestrian scale uses such as those being introduced into CE line) specialty retail, sales, services, offices, entertainment, etc,); & 50 ft for (retail sales, services, office, entertainment, and related uses). hazardous waste plant, etc. The proposed setbacks are simplified, predictable, use-sensitive, and adequate in light of other design-related code requirements. Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06 / Doc ID 40034 Planning Commission StaffReport Page !2 TABLE IV PROPOSED CHANGES TO DEVELOPMENT REGULATIONS IN BP/CE (SEE "USE ZONE CHART," EXHIBIT B) REGULATION CHANGE(S) RECOMMENDED RATIONALE/STAFF ANALYSiS Reqcrired Side Required Side/ rear yards, existing: Like front yards, a reducCion in side and rear yards is indicated, ancl Rear Yards 20 ft for all uses, except 10 ft for restaurants and hotels and case-by-case and for similar reasons. '-- -� �•,�� ..�a..��:�� :� F�-- "' �� (Mi�iimun: for government facilities. For all uses, a 20 ft setback from residential , . Pro ose structurrtl zones is required. side and rear yard setbacks are. su e-snecific and consistent with setback from setbacks for the same uses in B�The existing 20-foot setback side or rear Proposed: Retain 20 ft along residential zones for all uses ��� from residential zones continues to be appropriate and is retained I property lines) , . , , for all uses. , , , , , other setbacks are 15 ft for industrial and bulk retail� 10 ft for uses such as schools dav care health club recreational/cult�ral services• and 5 ft for nedestrian oriented uses such as Qeneral and snecialtv t il ffice. hotel-motel. and restauran . Setbaeks fron: As noted above, the existing 20 ft setback from residential is retained; No substanrive change; continues to provide protection f'or residential however, it is reworded, along with other formatting changes. residenrial zones, reworded and relocated in context with other formatting changes. Maximttm Existing base height for hotels/motels is 40 ft, maximum two floors, and no The proposed "base" height increase will allow one more floor heiglat: hotels/ height modification option is available. (All other uses have a base height than can be achieved now; addresses concerns from development �notels of 40 ft and modification option to 55 ft.) As proposed, hotels/motels community that three to four floors are necessary to would have a base height of 45 ft with modification option to 55 ft and four accommodate market-driven style requirements, especially floors (subject to height modification decision criteria noted below). pitched-roof designs; affords this use the same height modification as other uses; and the increase is not significant enough to compete with hotels in the City Center (with related height increase in CC-F; see Section VII). Height adjacent Structures may not exceed 30 ft in height within 100 ft of a residential No substantive change. Rewording and reformatting is required to residentia! zone. for consistency other changes (such as height modification text (below). Height T'ca "If approved �etigk-�r•es�ss-�� by the director of communit� The proposed change to the review process is addressed above. modification development services the height of a structure may exceed 40 ft. above Changes to criterion (a) will codify previous code decision criteria average building elevation AABE , to a maximum of 55 ft. AABE, if all intetpretations, while allowing (but not requiring) higher ceiling (all trses as . of the following criteria are met: (a) The addit'ronal height is necessary to height (13 feet) and depth (15 feet), for more graciously scaled applicable) accommodate the structural, equipment, or operational needs of the heights adjacent to sidewalks and streets and more flexible and Proposed Text Amendments to FWCC Chap[er 22, "Zoning" File # U6-t05688-00-UN J Doc 1D 40034 Planning Commission StaffReport Page 13 TABLE IV PROPOSED CHANGES TO DEVELOPMENT REGULATIONS IN BP/CE (SEE "USE ZONE CHART," EXHIBIT B) REGULATION CHANGE(S) RECOMMENDED RATIONALE/STAFF ANALYSIS �"'�use conducted in the building and/or all ground floor spaces have convertible ground floor spaces (to other future uses). Changes a minimum floor-to-ceilingheight of 13 ft. and a minimum depth of 15 ft.; to criterion (b) conect an internal code inconsistency, because (b) ''''^� °„'�;�^* „-^^��, a^°^ ^^* ^a;^ °°;�°�'�° ^^°; HeiQht the code defmition of "adjoining" does not apply to portions of a complies with Note #4, below* and (c) building that are setback at least 100 feet from a residential zone; . . . also, note #4 continues to protect residential zones with a 30 foot ^�^..° ^..°�^^° � °'°.>�*;^^; Heig,ht over 40 ft. is set back from non- height limit within 100 feet of a residential zone. Changes to residential zones bv one additional ft. for each one ft. of hei�ht over 40 ft.; criterion (c) are non-substantive, but correct poor and unclear and (d)''''�° ;^�-'°�^°a �°;^"+.°:" ^^''''^^'` ";°^`° `'°°:^^'t°`�'"`�'° wording. Changes to (d) eliminate an inaccurate and misleading ^-�°'�°^°;..° ^'°�. ^^�' Roof lines are desig,ned to avoid a predominantly reference to designated views that do not exist in the � flat and featureless appearance through variations in roof height, forn�s, comprehensive plan, and more substantively, introduces design an�les, and materials. �°` �^^�°°^°�"�°�^'�« ;° ^^~°;°*°~+ .���''� t'�° rt^°'° °~a standards for roof design that will help ensure height-related ^i:^:=^ f r��,e ^re^ ^F«�,o �„�.:°^* ��^^°,�,� °° °°*°�,1;°�,°a �.�-tk° aesthetic impacts. Criterion (e) is eliminated as it is duplicative. , �e�e��." (Note #4 maintains a maximum 30 ft. height within Consistency with the comprehensive plan is a criterion for any 100 ft. of a residential zone.} This note applies to all uses (although the and all 2oning decisions. note numbering varies depending on where it appears on the page.) Maximcim � n r the existing maximum number of two floors for Encourages more graciously scaled ceiling heights in taller i:u�nber of hotels/motels, to four floors �� establishes a maximum number of buildings for pedestrian oriented uses, while not applying a floors. four fioors for other pedestrian ariented uses, including �� maximum height limit to the "as-of-righY' ("base" heieht) general snecialtv retail, office, and entertainment uses. product, which is unnecessary and overly burdensome. Parking ehange Inerease required parking for medicaUdental offices citywide, from one As previously noted, this change addresses the concern that -applies city- stall for each 300 sq. ft. of gross floor area, to one stail for each 225 sq. ft. medicaUdental offices require more parking than general office. wide. of gross floar area. (The parking ratio for general offices would remain The proposed ratio is taken from Parking Generation Table of 1;300.) the International Transportation Engineers (ITE) Manual. Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06 / Doc ID 40034 Planning Commission Staff Report Page l4 TABLE IV PR(�POSED CHANGES TO DEVELOPMENT REGULATIONS IN BP/CE (SEE "USE ZONE CHART," EXHIBIT B} REGULATION CHANGE(S) RECOMMENDED RATIONALE/STAFF ANALYSIS Other special 1) The following text note added (to existing nate prohibiting discharge of 1) Improves integration and compatibility of potentially notes and any toxin/gas/dust/fume/odor), for fabrication, assembly, warehouse conflicting uses, such as a manufacturing plant and a restaurant. regcrlations. operations, truck stops, automotive emissions testing, bulk� retail, Unlikely to be an issue, given all other regulations and market- and hazardous waste treatment plant: "These uses shall cause no inherent driven locarional preferences, but is a reasonable addition (to the and recurring generated noise or vibrarion perceptible without instruments -existing discharge-related standards) in light of expanded at any point along a property line, except transportarion and delivery diversity of uses in this zone. operations typicaliy and customarily associated with the use, and provided that such operations are not audible from a residential zone on a regular or 2) Controls traffic-related impacts at any one intersection. recurring basis." 3) Same as with gas stations in other zones; prevents over- 2) Truck stops (new use): generally the same regutations as for these uses concentration of high vehicle-traffic uses. in existing BC zone, added that only one is allowed per intersectian. 4) Addresses concerns about customer paricing shortages 3) Gas stations (new use): general same regulations as for this use in other experienced by City. aones, including maximum of 2 at any intersection; (5) (a) References to landscape code, with respect to outdoor 4) Mechanical repair, body repair and painting — provide parking study to storage screening, is unnecessary as every chart contains a ensure adequate parking, standard note referencing the landscape code. (b) Ensures that outdoor storage areas (associated with these'uses) will not be a 5) Outdoor storage areas: (a) deleted references to landscape screening as it dominant feature in front yard, while retaining flexibility for duplicates landscape code; and (b) reGuired outdoor storage to be located at retailers through the appropriate code section. the rear or side of the principally permitted structure (for manufacturing, warehouse, equipment sales and rental; and bulk/big box retail (except, for 6) Helps ensure compatibility of outdoor animal-use areas with the latter, as may be allowed under 22-1113, outdoor displays}. adjacent uses, 6) Screening of outdoor animal-use areas associated with animal kennels and related uses, I Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06-105688-00-U[' / Doc ID 4003a Planning Commission Staff Report Page I S VI. AMENDMENTS TO COMMUNITY BUSINESS (BC) Exhibit C contains the "Use Zone Chart" for Community Business {BC), with proposed changes shown in a s�lc���underline version. Table N describes the changes to allowed uses and development regulations in the BC zone. TABLE V i PROPOSED CHANGES TO COMMUNITY BUSINESS (BC) USE ZONE CHART (Exhibit C) � USE/REGULATION CHANGE(S} RECOMMENDED RATIONALE/STAFF ANALYSIS §22-751 1) Add "limited manufacturing and production" and note 5, referring to defmition. 1) Allows minor manufacturing as a component of retail sales, "Office-retail" subject to strict criteria (see proposed definitions). Allows uses 2) Minorclarification to note #12. such as custom-made jewelers, artists, and specialty food and beverage makers, which are compatible in mixed-use residential areas and are consistent with pedestrian scale retail and related uses contemplated by the �rpdated vision. 2} Improves specificity, �22-752 `Bulk retail, Delete in entirety/no longer allowed in this zone. Except seif serviee storage and "Redirected" to CE for consistency with comprehensive plan ware- RV storage, listed in this category, conrinues to be allowed; however, RV storage updates and emphasis on mixed-use residential environment. lzoiese, storage" must collocate with self service storage. §22-753 "Vehicle «nd 1) Deleted "oversized commercial vehicle facilities and service yards including 1) Consistency with comprehensive plan updates and emphasis equipment sales", truck stops...and transfer facilities." on mixed-use residential. ete... Z) Deleted note #4 aliowing body repair and painting oniy when accessory to new 2) Addresses concerns that these facilities are rarely associated � car or boat sales. with new car sales. ; 3) Established note #S, which allows commercial vehicle fueling subject to 3) Ensures that commercial vehicle fueling is a secondary use � criteri3; and not a primary use, such as truck stops. � 4) Required outdoor storage (except principal sales lots) to be located to the rear 4) Because these uses often have outdoor storage areas, this i or sides of the principally pernutted structure; ensures they will not dominate the front yard, for improved i 5) Required exterior storage of RV's to collacate with a self-service storage compatibility with residential miYed-use. i facility. 5) Improves compatibility with residential mixed-use. i 6) Added note that self-service storage may include one accessory living facility. 6) Consistent with other zones. � 7) Added self service storage to heading. 7) Additional detail. f J Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06-105688-00-UP i Doc 1D a0034 Planning Commission Staff Report Page 16 TABLE V PROPOSED CHANGES TO COMMUNITY BUSINESS (BC� USE ZONE CHART (Exltlb[t C� USE/REGULATION CHANGE(S) RECOMMENDED. RATIONALE/STAFF ANALYSIS §22-7b3 "Adult Delete in entirety/no longer allowed in this zone, Redirected" to CE from BC, for consistency with j e�ztertainment." comprehensive plan updates and emphasis on a mixed-use � commercial-residential environment in the BC zone, No known existing uses are affected (see related discussion in Section VIII). I J §22-�54, animal Added to list of uses, along with related regulations, including a 20-ft. setback Codifies previous code interpretation and ensures compatibility ke�uiels. from property lines and screening of outdoor runs. with adjacent uses. §22-755, Maclti-irnit 1} Inereased "base" height from 35 ft to 55 ft, and modifiable height from 55 f't to 1) Encourages mixed-use commercialh�esidentiai, consistent housing, l�eight nnd 65 ft �€��re; with changes to height modifieation criteria noted below. with the updated vision for BC; the reconunended base height other regulations. 2) Note #2 establishes two-riered height system adjacent to residential zones, i,e,, increase is sufficient to acconunodate the typical industry j 30 ft when between 20 and 40 ft from a residential aone, and 40 ft when between standard of five floors of wood frame construction over (Mi.zed-use 40 and 100 ft from a residential zone; and height over 35 ft must be setback from concrete; increasing modifiable height to 6� feet maintains , cammerc:iaUresidential all other zones by one foot for each one foot of height over 35 ft. capacity for a height modification, °~a ���-� �'���� •-���•�-��•-�� , develnpnient) 3) Open space is reduced from a required 400 sq. ft. per dwelling unit, to 300 sq. . ft. per dwelling unit; and spaces such as yards, balconies, and patios will count 2) Similar to recent amendments to the CGF, tiered setbacks toward open space, similar to recent amendments in the CC-F, more accurately address the relationship between heighc and 4) Density cap is changed from 18 dwelling units per acre to 22 dwelling units per setbacks. acre, proportionate to height increase. 3) Similar to recent amendment in the CGF reduces and S) Senior citizen and special needs housing is "moved' from this chart (§22-755) modifies open space in recognition of smaller family size to §22-758; all text is underlined.to indicate iC is a new section, and existing trends in mixed-use housing products, and access to City parks j regulations are carried over unchanged; except the same changes to the process in urban mixed-use areas, i and decision criteria for height modifications, as applies to mixed-use 4) Increase density allowance, proporcionate to additional commerciallresidential, are also applied to this other housing uses. height, from 18 dwelling units (du's) per acre to 22 du's;acre. i 5) Reformatting & other changes for consistency. Land use review Same change as shown in $P/CE, above. Process II or, �vith SEPA, �ss�}e Same change as shown in BP/CE, above. Updates and clarifies. pracess (all uses, all Process III.��r. Process III is required in all cases where SEPA applies. Also, charts) reference to note 1 inapplicable based on related changes to tlie review process and decision criteria for height modifications. Proposed Text Amendments to FWCC Chapter 22, "Zoning File # 06-105688-00-UP / Doc 1'D 40034 Planning Commission Staff Report Page 17 TABLE V PROPOSED CHANGES TO COMMUNITY BUSINESS (BC) USE ZONE CHART (Exhlbit C) USE/REGULATION CHANGE(S) RECOMMENDED RATIONALE/STAFF ANALYSIS I � Maximum heigJzt — Same increase to 45 feet, as shown in BP/CE above (except existing base height in Same change and rationale as in BP/CE, above. Base height I motels-hotels BC is 35 feet). Existing maximum modifiable height to 55 feet is retained (with increase will allow one more floor than achievable now; � updated decision criteria noted below). addresses concerns from development community that 3-4 is required by market-driven styles, especially pitched-roof designs; affords this use same height inodification as othei• uses; and the increase is not significant enough to compete with I � � � hotels in City Center (with related height increase in CC-F). � Review process — Same change as in BP/CE, above. Same change and rationale as in BP/CE, above. height modifications Reduce review process for height modi�cations from Process III to "director's Process III/public notice should not be t��iggered solely for d'ecision." height modifications, in light of clear strict decisie�n criteria (below). Majar (non-SEPA-exempt) projects would still be � subject to Process IIUpublic notice and appeal. Height modifcatio�z Same change as in BP/CE, above. The following note, with amendments shown, is Same change and rationale as in BP/CE, above. criteria (all uses). typical to all uses (in this case, note l, §22-753, Note� #1), although the number of Changes to criterion (a) will eliminate confusion as to what it the note varies from chart to chart. means, and includes ground floor flex space (convertible to "If approved *'�r�°..'� D��^°^° T�T bv the d'uector of communi development various other uses) as a potential consideration. Changes to � services, the height of a sttucture may exceed 35 ft. above average building enterion (b) correct an internal code uiconsistency (the code elevation (AABE), to a maximum of 55 ft. AABE, if all of the following criteria defuution of "adjoining" does not apply to structures setback at are met: (a) The additional height is necessary to accommodate the structural, least 100 feet from a residential zone); also, note #2 contimies equipment, or operational needs of the �iet�a�-use conducted in the building to protect residential zones with a 30-foot height limit within � and/or all eround floor spaces have a minimum floor-to-ceilin height of 13 ft. and 100 feet of such zones. Changes to criterion (c) are non- a minimum depth of 15 ft.; (b) 'Fh�=v����± �����-�, � ;�� „�+ �a;�: � ���:a +' , ,-_- r -_�_-. ; ---_ -_- _,---- _--..-...._..__. substantive, but correct poor and unclear wording. Changes to �eae; Hei ng t complies with Note #2, below* and (c) ����: ��g •�-°a •�°�-� ����**�^« {d) eliminate an inaccurate and misleading reference to . . . designated comprehensive plan views that do not exist, and .�=u�,'����'a�^^ °'°��°'�^^; Hei�ht over 35 ft. is set back from non-residential introduces design standards for roof design that will address zones by one additional ft. for each one ft. of height over 40 ft.; and (d) �e height-related aesthetic impacts. Criterion (e) is duplicative and in� re.,�o.7 t,e:..l,* . .;1� ,,.,: �.: ..�.� � ao..:rt.,�re.7 t,., .t,o ,. .ol.�..,.:..,, ...t,.� ....7 -�»��-- •.�-s�=• .:. .•� � , is eliminated. Consistency with the comprehensive plan is a Roof lines are designed to avoid a predominantlY flat and featureless appearance criterion for any and all zoning decisions. throu�h variations in roof hei�ht, fornzs, angles, and materials. ��^^�°�^�-� �a���� � i�.,.., :�.�.,+ ..,;.1, �t,e ,.,,.,t� ....a ..�,t:,.:e� c . tt.� 4',t,o �„t,:e,.« .. ,.� � ., ............... ...... ..... b .....� ....�. t ....a,..,w ��.. ...., ��vzrvz�a � . °��°'�' `'�° ^ r°'�°^^;..° ^,°^ " (*Note #2: "Building height may not exceed 30 ft. AABE when located within 100 ft. of a residenrial zone.") Proposed Text Amendments to FWCC Chapter 22 , "Zoning" File # 06-105688-OU-UP / Doc ID 40034 Planning Commission Staff Report Page 18 TABLE V PROPOSED CHANGES TO COMMUNITY BUSINESS (BC) USE ZONE CHART (Exhibit C) USE/REGULATION CHANGE(S� RECOMMENDED RATIONALE/STAFF ANALYSIS Maximum floors- Maximum number of floars is capped at four, for hotels, general retail, office, and Same rationale as in BP/CE, above. Encourages higher ceiling i pedestrian a•lented entertainment uses. heights in taller buildings for pedestrian oriented uses. ttses � �,,. ,.,..� � :a,,...:.., a �,� ,., E,.. :, � � � Required yards Mostly non-substantive, reformatting changes. Retains the required 20-foot Non-substantive/formatting/reorganization. (strc�ctural set-backs) seCback adjacent to residential zones, and other existing setbacks, and the existing m�imum 30-foot height within 100 feet of a residential zone. Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06-t05688-0o-UP ! Doc !D 40034 Pianning Commission Staff Report Page 19 VII. Atl1ENDMENT TO HOTEI. HE[GHT (N "CITY CENTER-FRAME" (CC-F� Exhibit D shows the above-noted proposed height amendment for hotels in the City Center-Frame (CC-F). The proposal is to increase "base" height for hotels in CGF from 45 feet to 65 feet, as a "companion" to the above-noted height increase for these uses in BC and CE. The proposed change is consistent with the comprehensive plan which contemplates the "City Center-Core containing the City's tallest buildings and the City Center-Frame containing transitional heights between the Core and adjacent lower-height areas." (FWCP Chapter 2, Land Use, revised 2006, pg. II-5). No other amendments to the CC-F zone are included in this proposal. The existing code aiiows director-approved height increases to an unspecified maximum, based on consistency with the comprehensive plan, community design guidelines, and adequate infrastructure. VIII. AMENDMENTS TO "DEFINtTIONS" Exhibit E shows the proposed amendments to FWCC Chapter 22, Article I, "Definitions." A description and analysis of the proposed changes is pravided below. PROPOSED GHANGES TO FWCG ARTICLE I, DEFINITIUNS (SEE EXHIBITE� PROPOSED TEXT CHANGES RATIONALE/STAFF ANALYS[S « [AmendJ "Commercial use means the uses allowed in the commercial zones Expands definition to reflect that and the non-industrial usesperrrritted in the CE zone and not pernutted in any commercial uses are allowed in other zones of the city." CE. "Commercial zones means the BN, BC, CGC and CC-F zoning districts." No change. Shown for context onl . [Amend] '7ncta�strial use means theose uses allowed only in the ��I�s�-CE Necessitated by definitional and zones as listed in FWCC §22-861 through §22-864. use changes. "Industrial-commercial zones means the � CE zoning district." Reflects zoning chan es. [Add] "Manufacturing and procluction, general, means establishments New definition to avoid confusion en�aQed in the mechanical or chemical transformation of materials or between this type of substances into new products including the assemblin� of component parts, manufacturing and the creation of products and the blending of materiats such as oils, plastics, '��nufacturing and production, resins or liquors and is typically carried on for the wholesale market." limited" (defined belowj. [Add) "Manu�acturing and�roduction limited means retail establishments New definirion/use classification. e�,?aPd in small-scale manufacture production, and on site sales, of custom Will be pernutted in BC, since by goods and products This classificarion includes uses such as ceramic studios, definition, its operational candle makin�sho�s custom�ewelry manufacturin� woodworking and characteristics and external cabinet making� manufacturing of speciaiized orthopedic appiiances such as impacts are comparable to general artificial limbs or braces dental appliances such as bridges, dentures, and retail, and "comparible crowns� nroduction of goods from finished materials such as wood, metal, manufacturing" use is paper �lass leather and texriles• and production of specialized food products contemplated in BC in the such as caterers bakeries cand� stores microbreweries, and beveraQe bottlers. comprehensive plan updates. These uses are distinguished fram "manufacturing and production, p,eneral" uses by a predominant use of hand Yools or domestic mechanical equipment• Note, it will also be permitted in limited number of emplovees limited sales volume; little or no ontdoor storage� limited truck deliveries• typical retail hours of operation, and obvious CE under the "Retail, general and retait storefront with �ublic entrance that is in scale with the overall buildin� specialty" category. and oc�iented to the ri ht-of-wa . Proposed Text Amendments Yo FWCC Chapter 22, "Zoning" Fiie # 06-105688-00-UP / Doc ID 40034 Planning Commission Staff Report Page 20 IX. AMENDMENTS TO `�COMiVIUNITY DESCGN GUCUELINES" Exhi6it Fcontains the proposed changes to FWCC Chapter 22, Article XIX, "Community Design Guidelines." A description and analysis of th� proposed changes is provided in A and B, respectively, below. A. DESCRIPTION OF AMENDMENTS (in relevant part) §22-163$(a) Professional office (PO), neighbarhood business (BN), and community business (BC). • •Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and s�et�� shall incorporate windows and other methods of articulation. -Buildin� entrances shall be architecturallYemphasized and shall incorporate transparent iass •Ground floor entrances to retail sales or services shall incorparate plaza features or furnishin�s, and/or streetscape amenities in a context-sensitive amount and combination, considerin� the scale of the retail use(s) and entrance(s) to the overall building or develonment, and the proximity and access to other existin�plaza or streetscape features •Ground-level mirrored or reflective glass is not e�e�t allowed adjacent to a public right- of-way or pedestrian area. •If utilized, chain-tink fences visible from public rights-of-way or adjacent properties, and not screened b�ype I landscaping as defined bv Article XVII shall utilize vinyl-coated mesh a�, powder-coated poles dark color(s) and architectural element(s) such as pole caps and/or decorative �rid pattern. For residential uses only: •All �significant trees �'��"'�° �°*°� a within a 20-foot perimeter strip around the site shall be retained andlor replaced within the applicable required landscape buffer. • Lighting fixtures shali not exceed 20 feet in height and shall include cutoff shields. �s s�ie�s. (b} Office park (OP), corporate park (CP),- ancl �±,:�� :��� ^^a commercial enterprise (CE). �Entrance facades shall front on face or be clearly reco�,nizable from the right-of-wax •Buildin� entrances shall be architecturally emphasized and shall incorporate transparent l� •���gGround floor entrances to retail sales or services s�� shall �a�e�e�ie� , �ess�e incorporate plaza features or furnishings and/or streetscape amenities in a context- Proposed Text Amendments to FWCC Chapter 22, "7oning" File # 06-]05688-00-UP / Doc ID 40034 Pianning Commission Staff Report Page 21 sensitive amount and combination, considerin� the scaie of the retail use(s) and entrance(s) to the overall building or development, and proximity and access to other existin�laza or streetscape features. • Ground level mirrored or reflective glass is not ��eetr�ag� allowed adjacent to a public right-of-way or pedestrian area. �If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not screened by Type I landscaping as defined b�Article XVII, shall utiiize vinyl-coated mesh, a� powder-coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative �rid pattern. §22-1639. Institutional uses. In all zoning districts where such uses are permitted the following shall apply (7) Lighting fixtures shali not exceed 30 ft. in height and shail include cutoff shields. B. RATIONALE/STAFF ANALYSIS The above noted proposed changes will strengthen, expand, and clarify existing guidelines, relative to the proposed emphasis on residential and pedestrian uses in BC, and tbe introduction of retail sales, services, and other uses into the pre-existing light industrial uses in CE; and will promote the comprehensive plan vision and policies for these areas by ensuring the quality of development and integration of uses. This includes strengthening the existing guideline for windows in entrance facades (which may include "faux" and display windows); ensuring that entrances to buildings incorporate some fornn of architectural emphasis, and some amount of transparent glass; strengthening an existing guideline perta.ining to ground floor entrances to retail sales and service uses, in order to ensure that these pedestrian oriented uses (in both zones) provide a proportionate level of pedestrian amenities; improving architectural treahnent af chain link fencing where visible from rights- of-way; prohibiting rather than discouraging ground level mirrored glass facing rights-of-way or pedesh areas; clarifying significant tree guidelines consistent with administrative interpretations; and reorganizing and correcting references to institutional uses and related height of light fixtures.) �Contextual note: Under existing code, all institutional uses [defined by code ta include schools, churches, colleges, hospitals, parks, governmental facilities and public urilities] are su�ject xo the design guidelines for institutional uses [see entire text of §22-1639], and all mixed-use commercial/residential uses are subject to the design guidelines for mixed use residential buildings in commercial zones [§22-1637]). X. AMENDMENTS TO "LANDSCAPING" Ezhibit G contains the praposed changes to FWCC Chapter 22, Article XVII, "Landscaping." The only substantive change is to ensure that industrial uses (as defined above) receive heavier landscape buffers relative to other (less intensive) uses permitted in the CE zone. Proposed Text Amendments to FWCC Chapter 22, "Zoning" Fi1e # O6-to5b88-00-UP / Doc [D 40034 Planning Commission Staff Report Page 22 XI. AMENDt�'(EP�'I'S TO "OU'CnOOR STORAGE" Exhibit Hcontains the proposed changes to FWCC Chapter 22, Article XIII, Division 7, Outdoor Activities and Storage, �22-1113 "Commercial and Industrial Uses." The only substantive change is as follows, the purpose of which is to codify a previous outdoor sales-related interpretation. "(6) Outdoor accessory sales area(s) adjacent to the entrar�ce of the primary structure, if such area is fully covered by a pedestrian-height awning, canopy, roof overhang, or similar feature, that is permanently attached to the primary structure; and all of the following criteria are met: (a) the area maintains a five-foot wide unobstructed pedestrian pathway to the building entrance, and in no way blocks any required ingress/egress; (b) saie items are displayed only during normal business hours; (c) no coin-operated vending machines or similar items are displayed; (d) the area complies with subparagraphs (c)(1), (c){3), and (c)(S), above; and (e) the area complies with all #ire, buiiding, and zoning requirements." XII. OTHER RELATED TEXT AMEtYDMENTS �zhi6it [ contains other related amendments, as described and explained in the table below. OTHER I�ELATED TEXT AMENDMENTS (See Exltzbit I) CODE SECTION PROPOSED TEXT CHAIYGES RAT[ON�LE/STAFF ANALYS[S §22-69b; §22-721; [Add] a parking ratio for medical and dental office. The As described above, medicaUdental §22-79i; §22-803; proposed ratio witl be applied across all office charts in parking has been a concern because this § 22-826 all zones. "Medical and dental office: 1 for each 225 sa. use generates more parking demand than (Office uses in ft. of gross floor area." generai office. Proposed ratio comes from PO, BN, CC-C, the ITE manual. (No change is proposed or CGF, and OP). required for general office, i.e. i stall for each 300 sq. ft, of gross floor area.) § 22-555, jAmend) "The following temporary uses may be Necessitated by above-noted changes to Exceptions to conducted in commerciai and indush definitions. permit... zanes, and are exempt from the requirements of this article." Article XI� Div. 7 Table of Contents for District Regulations. Amended to Reflects name and content changes. $�14, reflect title and conte of BC. And CE. 22-571, [Amend] (9) �st�-zess-�-ar-l� Commercial Enterprise �a�e Reflects name change. Categories enumerated. § 22-1133(8) {Amend] "Covered walkways, no more than eight feet Same as above. wide and 10 feet above finished grade and open along the sides, are pernutted in required yards in commercial and office zones. § 22-1134 [Correct typo) "For regulations on outdoor uses, Corrects inaccurate code reference. activities and storage, see FWCC 22-�Fi 1111 et seq. § 22-1526, i527; [Amendj Commerciak and industrial-commercial zones. Same as above 22-1528. Proposed Text Amendments to FWCC Chapter 22, "Zoning" Piie # 06-1 056 88-00-UP / Doc ID 40034 Pianning Cornmission Staff Report Page 23 �rticle XVII[, [Amend] (4) Ereeway Profile Signs. 2_ "Es l��cated in the See Exhibit M to Staff Report to Planning �ign .ode, Sec. zoning designation of city center core (CGC) or Corrunission (distributed at March 21, � 22_1601 • ' commercial enter�r_ise_� E�_" 2007 public hearin�) XIII. NONCONI+'ORNIING�USE POTENTiAL As a result of the proposed CE zoning, indush uses would no longer be allowed on property ���t�� adjoining a low or medium densitv residential zone. One existing business is Irnown ta be affected, an existing steel fabrication plant, located south of South 3�6` Street near SR-161 and abutting a medium densi _ residential zoning. However, this business may continue to operate subject to the nonconformance provisions of the code and other applicable regulations. The nonconforming effect is also offset by inereased development opporiunities for expanded retail and commercial uses available to this (and other CE zoned) property. As noted above, as a result of disailowing senior citizen housing in CE, no existing developments are known to be affected, provided the Mitchell Place senior housing facility is rezoned from BP to multifamily residential, as proposed under the related comprehensive plan amendments. In addition, at this time, there are no known businesses that would be affected by "relocating" adult entertainment uses from BC to CE. Refer to Exhibit J for maps of the area where adult uses could locate under current zoning (BC) and where they could locate under proposed zoning (CE). It should be noted that the above brief analysis does not address potential development-related nonconformances, such as setbacks, height, parking, outdoor storage, fencing, etc. However, in many cases it is expected that such nonconforming development aspects already exist today, and would not be impacted significantly by the code amendments. XIV. STAFF ANALYSiS AND RECC?MMENDATION The detailed staff analysis of the zoning text amendments is contained in the above report and sumxnarized below. Staff recommends adoption of the amendments as proposed and analyzed. The staff recommendation is also provided in the form of a proposed motion in Section XV, "Planning Commission Action." The zoning changes are consistent with the comprehensive plan amendments by ailowing or encouraging those uses and development that foster or promote the comprehensive plan vision for the subject areas, and disallowing or discouraging those that do not. The proposed mix of uses in the Commercial Enterprise (CE, former BP) zone is consistent with the updated comprehensive plan vision for this zone, by integrating a new mix of retail sales, services, office, and commercial uses into the existing light industrial uses, with other new compatible uses such as bulk/big box retaii, gas stations, day care, truck stops, transfer stations, and adult entertainment. Industrial uses continue to be permitted in CE in appropriate locations. The proposed changes in the Community Business {BC) zone are consistent with the updated comprehensive plan vision for BC, which emphasizes mixed-use commercial-residential and related compatible uses, along with the existing predominant mix of retail sales, services, office, Proposed Text Amendments to FWCC Chapter 22, "Zoning" F;le# 06-t05688-00-UP / i�oc ID 40034 Planning Commission Staff Report Page 24 and commercial/residential mixed use. The residential emphasis is supported by increasing height, density, and modifying open space requirements for mixed-use residential; allowing compatible, small-scale manufacturing; and disallowing uses that are incompatible with in mixed- use commercial/residential areas, such as truck stops, transfer stations, bulk/big box retail, and adult entertainrnent. In both zoning districts, hotels/motels are afforded a minor height increase to address identified height-related concerns, while a companion height increase for hotels in the City Center Frame (CC-F) will maintain a height advantage for these taller uses to concentrate in the City Center, as contemplated by the comprehensive plan. The proposed changes to height modification criteria, community design guidelines, landscaping, and other design-related standards will help ensure integration and compatibility of uses and the quality of the built environment. XV. PLANNING COMM[SSION ACTION FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and decision criteria for review and adoption of proposed amendments to zoning text. Consistent with Process VI review, the role of the Planning Commission is as follows: • To review and evaluate the zoning code text regarding any proposed amendments; • To determine whether the proposed amendments meet the criteria provided by FWCC Section 22-528; and, � To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendments. 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. Recomrnend 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 Councii that the proposed FWCC text amendments not be adopted; or, 4. Forward the proposed FWCC text amendments to City Council without a recommendation. STAFF RECOMMENDS THE FOLLOWING MOTION: "Move to recommend to the City Council for adoption of the proposed text amendments to FWCC Chapter 22, "Zoning," File No. 06-105688-00-UP, as recommended by staff, and contingent upon adoption of the related comprehensive plan amendments." ...or... as amended by the P(anning Commission as follows......" Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06-105688-00-UP / Doc ID 40034 Planning Commission Staff Report Page 25 �CVI. DECISIONAL CR[TERTA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the cntena provided by FWCC Section 22-5?8. The City may amend the text of the FWCC only if it finds that: l. The proposed amendments are consistent with the applicable provisions of the comprehensive plan; The proposed FWCC zoning text amendments are consistent with, and will substantially implement, the following key goals and policies contained the updated 2006 Federal Way Comprehensive Plan (FWCP), if adopted: Land I1se (Chapter 2, FWCP) � L UGI Improve the appearance and function of the buiit environment. L UP4 L UPll L UP13 L UG3 LUPIS L UG6 LUG4 Maximize efficiency of the development review process. Support the continuation of a strong residential community. Distribute park and recreational opportuniries equitably throughout the City. Preserve and protect Federal Way's single-family neighborhoods. Protect residential areas from impacts of adjacent non-residential uses. Transform Community Business areas into vital, attractive, mixed0use areas that appeal to pedestrians, motorists, and residents, and enhance the community's image. Provide a wide range of housing types and densities commensurate with the community's needs and preferences. LI�P24 Multiple-family residential development should be designed to provide privacy and comman open space. Variations in facades and rooflines should be used to add character and interest to multiple-family developments. LUP25 Encourage the establishment of street patterns and amenities that encourage walking, bicycling, and transit use. LUP26 Provide employment and business opportunities by.allocating adequate land for commercial, office, and commercial enterprise development. LI/P28 Provide for a mix of commercial and residential uses in commercial areas. LUP29 Use Community Design Guidelines to promote common open space, public art, and plazas in commercial and of�ce developments. Proposed Text Amendments to FWCC Chapter 22 , "Zoning" File # 06-1 05 688-00-UP / Doc ID 40034 Planning Commission Staff Report Page 26 LUP30 Ensure compatibility between mixed-use developments and residential areas by regulating height, scale, setbacks, and buffers. LUP31 Use Community Design Guidelines to encourage quality design and pedestrian and vehicle circulation in office, commercial, and commercial enterprise developments. LUP32 Use Community Design Guidelines to encourage commercial development to locate along street edge (where deemed appropriate) to provide pedestrian street access. Provide pedestrian access between developments and to transit stations. LUCS Develop a quality commercial enterprise environment characterized by a viable, vibrant, and attractive mix of commercial, retail, office, industrial development, and supportive services. LI�P35 Allow a broad and range of commercial, retaii, office, industrial, and supportive uses to meet the needs of workers and consumers in well integrated, well functioning, high quality developments. LUP36 Require development to be compatible and well integrated into its surroundings and adjacent uses through site and building design and development standards that reduce or eliminate land use conflicts, nuisance impacts, or critical areas impacts; ensure project aesthetics; promote sharing of public facilities and services and improve vehicular and pedestrian traffic flow and safety, including access control and off-streeY interconnectivity between adjoining properties where feasible. LZIP37 Allow general and specialty retail uses that serve the needs of people employed in the local area, as well as "destination" retail and wholesale businesses that may serve a broader consumer base vis-a-vis the area's convenient access to Interstate S and Highway 18. LUG6 Transform Community Business areas into vital, attractive, mixed-use areas that appeal to pedestrians, motorists and residents, and enhance the community's image. L�P38 Encourage transformation of the Pacific Highway {SR-99) Community Business cotridors into quality retail/commercial mixed use areas, designed to integrate auto, pedestrian, and transit circulation, and to improve traffic flow and safety, including access control and off-street interconnectivity between adjoining properties where feasible. Continue to utilize Community Design Guidelines to ensure quality site and building design and functional and aesthetic compatibility between uses. Integration of pedestrian amenities and open space into retail and office development should also be encouraged. LUP39 Encourage a range of pedestrian-oriented retail, while continuing to accommodate auto-oriented retail, and provide supportive uses to meet the needs of residents and/or employees in the area. Proposed TexT Amendments to FWCC Chapter 22, "Zoning File # 06-105688-00-UP / Doc [D 40034 Planning Commission Staff Report Page 27 Econontic Development (ehapter 4, FWCP) And 3. EDGI EDG2 The City will emphasize redevelopment that transforms the City from a suburban bedroom community to a full-service community with an urban core. The City will encourage concentration of non-residential development into four primary areas: -High-density mixed-use development in the City Center (312` and 320�', SR-99 to I-5) -A mix of commercial, office and retail development in the area around 348`" and SR-99 and around the I-5/SR 18 interchanges -High-quality office park development, including corporate headquarters, continued in and around West Campus -High-quality office development, including corporate headquarters in a park-like campus setting east of I-5 EDPl S The City will continue to utilize design guidelines to enhance the urban environment to retain and attract businesses and residents. The praposed amendments bear a substantial relationship to� public heatth, safety, or welfare; The proposed FWCC text amendments will improve the market responsiveness of the Business Park/Commercial Enterprise zone; increase development opporiunities for certain uses, including mixed-use commerciaUresidential in Community Business; retail sales, services, offices and related uses in BPlCE; and hotels-motels in both zones; ensure integration and compatibility of uses through site and building design standards; protect residential uses from incompatible uses; and implement the 2006 comprehensive plan amendments; which will have a direct relationship to public health, safety, and welfare. The proposed amendrnent is in the best interest of the residents of the city. The proposed FWCC text amendments will help revitalize the Business Park/Commercial Enterprise area of the City by expanding the mix of allowed uses allowed in CE, beyond those previously allowed in BP, in order to irnplement the updated vision for this area of the City; by adding a range of retail, office and commercial uses, for which there is ongoing high demand, to the mix of industrial uses for which there is ongoing low demand. It will also promote co-location of housing with commercial development in BC; expand support services in employment areas; increase pedestrian uses and amenities; and itnprove the quality and function of the built environment; which is in the best interest of the residents of the City. Proposed Text Amendments to FWCC Chapter 22, "Zorring" File # 06-t05688-00-UP / Doc [D 40034 Planning Commission Staff Report Page 28 XVII. ExH[BITS Exhibit A Exhibit B Exhibit C: F,xhibiZ D: Ezhibit E: Exhibit F.� Exhibit G.� Exhibit H.� Exhibit I: Exhibit J: 2006 Comprehensive Plan Maps, Existing and Proposed; and Updated Designations, Goals, and Policies (in relevant part) Existing "Business Park (BP)" Use Zone Chart and Proposed Commercial Enterpnse (CE)" Llse Zone Chart Amendments to "Community Business (BC)" Use Zone Chart Amendment to "City Center-Frame {CC-F)" Use Zone Chart Amendments to "Detinitions" (in reievant part) Amendments to "Community Design Guidelines" Amendments to "Landscaping" Amendments to "Outdoor Activities and Storage" Other Related Amendments (in relevant part) Maps Showing Allowed Areas for Adult Uses, Existing and Proposed Th followin� additional exhi its were distributed to the P1ann�inQ Commiss into t he record durinQ the Dublic hearin are refleeted in the final amendments_ Exhibit K: Amendments related to Big Box Retail Exhibit L: Amended Side and Rear Yard Setbacks and Landscape B�iffers Exhibit M: Amendments to Sign Code (in relevant part, to allow freeway profile signs in Commercial Enterprise instead of in Community Business} Exhibit N: Gambling Uses in CE Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06-105688-00-UP / Doc ID 40034 Planning Commission Staff Report Page 29 Exh i bit E (to Staff Report to Planning Commission) Maps Showing Allo�ved Areas for Adult Uses: Existing (as allowed in BC zone) and Proposed (if, as proposed, adult uses are allowed in the new CE zone and no longer allowed in BC) Doc. S.D. I AI'eaS Whe1"� AdU ���Fecieral Way I� U�es � re � � � � Map Scale: Perm�tt�d in the BC Z�n� � N o �5� 5oo�°et I � � , (Approximately 129.39 Acres) . ❑ _ _ � -- • _ .., . _ _ _ '�� ,: _ � � uw.;.����..,� �� �. � � _.. ;t N __.. � :, � � „ ' �-�. :, y , : � � _ _ __ _ ___ _. _ __ _ _ BC ��. t � BC � . � � _ . ___ � � �� �_�_ � i( , � � _. �„ ,., ^ � _ _ _ . N � _ _._.._ __ a_. .� � .. . Y�'.. , : ., v r. - iS 3 S r � �; ;:; � ;; _ _ , �. _ _ -- ,. ___ � � �, , , � + § . � f � - � � -� � _,. _ _ . � , ,� ._ . F , '`s�-`�dan- E � °� , -- �.}y ; � ,� _,� _ : -- '�- � ��� . � > � . � a . y '. __, . . . t-�: ?��. . �t�,� , � ��a �" s I : _�tl�J�IC __ Academ� _ BC ; ��� � �e _ : j � ��� � > � {�� v . � � � _ � :� �� O'� 3,4`� �' � _ - _ .�� _ _ ���� �T_ � � �'S 7 �, � 5 1 � � � � � � 1 , `�' ''�� �>�t' ; ` � ' ��€���,�.� � ���� ' � � ���'��� r ���� � � - BC r ��... � 3�7 �'L , ��� ._- . _ �. T' �����.� . , . . ������� ,... _� � }� �� # �`� � ; �� �`� � >� � .�..,�. `,� B�' � � �,�� ,_ �v�`�' � ' � � `-.�,.- -�,-= � � .� ' }' .� � �. - �q� - - � . � � f � f�, � � '-��,[: , 3`�.:-2 . { .% . ;3': aPx� � { �z:,� �� ' . .�-t�iid� ��aT, �: "'�` '" _ ` � . ^- � `� . ._ _,. ...___"_ � __. . . w �ti � - --..�__. Y � � � ' ' "f"�m, ... _ � . v. � � � � . Sc � - .�+'� +'.;,�'?,��" �( � � y ,,� u z , 1 � ;- -%` a , � f �� � � '.-''�� .`;�, a ' `�. _,� ., . � T � _ 6�_ o � 5 _ B �� � U re;� U : t ' ;. �. "" _,._.._. �....-.-:->. .___._ � . .._ _ _ __ . . . f6 � (� N t Q d ;,'t ' . (/►� t �� N _ f ..�F T" � � 'i � � � - s S Z'' r� "�° ` . , a H �'P,esVic.ted Areas are places within 1,000' of Day Care � I� BP Zone � Public Schools � Parts of BC Zone vvhere Adult Uses Permit#ed I CenTers, Public Schools, Place oi Worship, and Residential j Zoning (inside and outside Federal Way). Additionally, a�'i 'Other Zonin g %j R e s i d e n t i a i Z o n i n g R e s t r i c t e d A r e a s � ; A d u l t U s e s a r e p r o h i b i t e d w i i h i n 6 0 0' o f o t h e r A d u l t U s e s, J � __ ' vvhich are not shown on the map. i Areas where A�lult Use� vv�uld �,rr°° I �. Federai Way � be P�rmitte�l, if allovv�d in prapvs�� !� i�A�p Scale i Commerciai Enterprise Zon� �� � 2�� 500 �e�2 (Approximately 169.50 Acres) ; 1 � � _ ___ .� , gp , _ � �.� � .� --- � , _ . � - � _ ,: __ ;� BP �_ .. � - . _ _ : _ . � i _. , ��a, __ -.._.__ , ; ; � _ _ --_ s s sT : � - BP _____ _,__ _-.; � x� � �� ., .. . - _ __ ---�_. : �. � � BPy �� � �� ;: � E � {'' ;:�! . �.. . a+ ..s.,+".. , � c` �' " '�"�A� a t � .—�.. ��.- � . .: � �#� � ...,� �� , , � . _ _ : : f-. ,`.. . ,, . • ..' � „£:.., 5 � _ t ..... �. _.... -. _ BP ' „ -- � ` � � � x �' ��. ���:,� "k ::<� { .:r. a.n,�;:.. � . �'�� �� � ��'� "�'� — � - �t���IC � - � � �u �_ r ,� � � � ,� �, ; t �` = __._._ _. �, � �: �.�� ����`x`� ���z f � ��� `� � � z� , , __ ___ , �. _ �lcadem� � �-�������� #' � � � ! � � �� �,. � t . .... ._.; c t .' .f6 , uP ,f �, .��` � ' � h ��� �� � ' X _ � '� � i�H,. '� iro 'jti "4 . . �� ;-q ° � � � � ��. i Y ���� � L � � � $ �� ; . } �^ Y ,y;�,�_._' '� i 'x .�� '1 a ��_ �, � ��', - S�` � ��� P�: ; � , . � . , d7� 34 . . . , , : � � _. �.��� _ ;� �.ri -��,. , . � _ _ - �,: _.. _ - 3i�$ �.� :' > � ����� � ����_ _ ��'��� � �� _ _ ; ��a � � ���� � y � �.. .. - w�Cr �- �`�` �� � �9�E����i�.-�� . � t �7 � � � � � � ��� ` �. _ � � � a�'`��' s " ' a` �� .i ,,, - - �� � � ��4w� s�,, ��y"� ����s ��"�.�� �': ST , ��� �-���� .�� �_ �� � �������������} BP � �� �� 7 � �.�},��. ��� ��� �� �- : ;� ��� �� ����.�� = = t ; - � � ��-a � . ,� � ��.��:� ��_��� _ � � � -� fi � � . �j �� _ y � ' N� i. � ..�t . _� __ �. . 'k &z .�s �x � � 3.0 �n ^+. �� �� . �� x � �{.. i, � y �s!' �� � � ���� � ��� i � � . . ,�� � �. �3 � �' �' n 4r � e �� ., ���.�BP�� � � ,��. �_ �� �*'��� -� :� � — , ���� �'� ,��� , � � .� ; � ` `�' - } � �,� ��.,� � - � -� ,� ����� � R t � l+ G�� } � ; � . � ._ R � � i• �� „� � � 3 4;- _: , � I . � r ��; � L s-' - �' �. .. .. . _. - � ' � r� • : : �� Q . -: t ,y _ . . . � . �� y '___ _. ._. � � 9 t x N � N ,. � _. � .;, '������ ��' � �,��. ' � _ . � _�.� <-���..�;� � _ ,� s.: - . � BP �: �. _ __ BP �i � t ��y m t _. = _ ����{ � �, ;: , _ , _ _ � ti ] . N � '� F 'Restricted Areas are places wiihin 7,000' oi Day �❑BP Zone � Public Sehools �Areas wh. Adult uses WOULD BE Allowed Care Centers, Public Schools, Place of worSmP, � �� I and Reside�tial Zoning (inside and ouiside Federal Way). J �� Other Zoning f% Residentiai Zonin Restricted Areas" g i Additionally, Adult Uses are prohibited within 600' of other men ments e ate � . . 1 ox etal Amended 3/14/07. Non-substantive amendments. Re-listing of retail uses (left cotumn) for consistency with the same retail listing as it appears on the CE Use Zone Chart. 22-751 Office - retaiL The followiiig uses shall be permitted in the community business (BC} zone subiect to the re�ularions and notes set forth in this section: � z O F Q ..� � � � IUSE use. F�FF+ �CiLCral and a�,ecialtv te[zil sales_ as defined � diis chaotet �vl�ieh iucludes. liut 15_.uf1i11i.C'.PSS:IIil. X.11llltte.�[Sl..���aducts such :ts�uzGS:cisS._uxu�ust�aud_tSlated iteme ��u c niid�g��_oi�al care nrodictc� �ookc� �1Sdt4.C:1^1LS14Y:�re_ �� en. retail nurserv Sts�Glt�1cLC�luL�d iteins liousehoid YqqQS; t14i11ll1Y..:..latli7}': ��Ome elecvonics� 5_�9.[l� :tlO�Lcy�nc� ee .ond hand � mer J��n �i e anti��e5; and w�rke of art Retail escablishment providi»g bankin� and related financial services Re�ail escaUlishmentproviding lauudry, dry cleaning, beaury and barber, video rcntal or slioe repair services 1_imited manufacturine and oroduction. See noce 5. Other re��il not speCitiCally listed in t�is zone. excludi��� bulk tetail as defiued in tfiis chau�er See noce I?. DIRECT[ONS: F1RST, read down to find use ... THEN, across for � Required Yards U 0 x � 'o � N � � _ a� c � � .c c > v' o � �+ . ' � C�' . � ti cn � � Vi Process Il None 0 ft. 0 ft 0 ft 35 ft above Fess+ble average Preeess Except 20 buildi,i; �° o� ft alone elevatiou W '—�� residential �AABE) to 55 EPA ft. AABP ard Process zones four ftoors IIL See notes 3 1 Set nates-� � and 9. � �,� � V a � ro � c � Y c� � aa ene 1 office and retail: 1 for each 300 sq. ft: af gross floor area Medica! and dental office: 1 for eacla �25 iq. t; cl �ross flout area M ixed uses and liiniced nunuta.wrine and produetion. Decemiinad on a case-by-case basis USE ZONE CHART �ULAT(ONS ZONE B� SPECIAL REGULATIONS AND NOTES 1. 1I 3PpfOV24 H� bY thC OIiCCtO[ Ot COf11I11III71fY dOVC10D�7€Itf SCNICCS� f112 i7Cipht O.f d S[itic(uiC ntay exceed 35 ft above average buitding mtevation AA E to a maximum of 55 ft. ° eu ,aa.B ' and ic;ur IIoors, if ail of die following criteria are met: (a) The additionai height is necessary eo accommodace uie scr��cru,,,i, eauioment, or ooeradonal needs of She pat�ie�at use catducted in the building. and�or all �round floor ipacrs have a minimum iloor•�o-ceitino hei�ht of 13 ft, and a nunimum de�th of I5 ft.; (b) �he-sebjest�pert+�dc�es-+�ee-;,Aje:H-� •°^�'• ".�.���o„�-°' °� �°; Hei�ht complies with nore 3, below: (cl Height over 35 tt. is set back from non-residenua' zunes b� ;`ne_!i for each one ft. oF heiaht over 35 ft.; i+-��it-k:e ; dnd (d) Roof lines are desi�ned to avoid a oredonun�n�lv fla; and featw eless anpearaiice tfirouYh variations in roof heiaht fomis an_les, and marenals �"` T�° ,�-i�;�ti , n o ' k, w,d-c�i:.;, ,r�.�ad+-+i�� � -��-r., 2. 1'he follow�ii:o regulations apply to veterinary offce unly: . a,Vlay ouly creat smail animais on the subject property . b. hlay nut ��,n�lude uu�side runs ur odler outside fucili�ies for die anin�als�, o�hcrwue use shall b� re��«��eu 7$4 c. The srte must l�e designed Sti that noise Crom this use will not be audible oft�the subject proprrty. base� on ., � r�7�l��e�ic to [liis effecc si;ned by an acoustical engineer and filed widi the development pemii� applicaeio��. 3.- , er���ieetc�-�r�+lte-SaFi}es��e�.;�+�,-+s�.Fr�-t+� .m�..,ea .,, .,.,. aa..,...i,.... ,... .w:.. ..u,... _a - ri E pre�rrtti-att�i �� r�� $uildin� hei�ht mav not exceed 30 ft AABE when located widiin 104 ft of a residential zone 4. Access to and from drive-tluough facilities must be approved by U2e public works deparmienc. Drive-duou;h raci!�ue:; must be designed so d�ac vehicles wiil notblock tra$ic in the street while wxiting in line and will noc unreusoua!,ly in�crfere wid� on-sice [raftic flow. 5. , at��r�+=ti�e-:�r.ni�.:c . � �sirle»�c��a� Limited n�anufactwins and nroduction is as deiined i i ch�s C�'JP er ;�nii';� � e apuroved bv the director ofconununitv develo mazt services if the pro�osed use i5 detemtiii d[o b� �u��> �_u_. mav b P �------- adopted comprehensive,plan oolicies for this zone Process !, fl, fll and IV are described in §j ??.3� 1 — 22-35fi, 22•3G1 — 22•370 . 22•38G — 22.411. 22-431 — 2?-460, respectively. 22-751 Office/retail. (Continued) USE ZONE CHART z DIRECTfONS: FIRST, read down to find use ... T'HEN; across for REGULATIONS p Minimums a Re uired Yards ZONE r� Vl � � � L� C� p cV W s �..� (/ CG � n' y � p � � USE `' 3 "' :: � ` c . 3 � C%J C � . w, � U .� .Y � � � o �o � �� � Q' � SPECTAL REGULATIONS AND NOTES ri v� r� x vi r1 a. 6. Outdoor use, acriviry and storage is regulated by § 22-1113. 7. No maximum lot coverage is established. Instead, the buitdable area will be determined by other sice development requirements, i.e., required buffers, parking lot landscaping, surface 8. For communiry desig�i wate� facilities, etc. 8. For community design guidelines that apply to the project, see Article XIX. 9. For landscaping requirements that apply to the project, see Article XVI1. 10. For sign requirements that appiy to the project, see Articie XVItI. 1 l, Refer to § 22-946 et seq. to determine what other provisions of this chapter may appiy to the subject property and the projecL 12. Other retail uses may be approved by if the director of community development services determines that the characteristics and impacts of the pr000sed use are analo�ous ro other listed uses and +€ [he proposed use is "°'°--�-����°a '� `° consistent with adopted comprehensive plan goals and policies for this zone. I Process 1, II, iII and IV are described in `$ ??-3� i - ??-356. I 3?-361 - Z2-37Q ?2-356 - 22•41 l. I 22-�31 - 22-460, respectively. I (Ord. 1�'0. 90-<13, $ 2(a5.55), 2-?7-90; Ord. No. 93•170, § 7(Exh. B), 4-20-93; Ord. No. 96-270, § 5, 7-2-96; Ord. No. 97-291, 4 3, 4-1-9i; Ord. No. 00-375, � 18, 10-3-00) 22-866 Rekaii, bulk �-�g-t��g. The following uses shall be permitted in the � z O F Q J � � � IiSE Bullc a+�d-�—l� retail sales, as d defined in this chapter, which may iitclude, bu[ is not necessarily limited to, products such as lumber, paint, glass, plumbing, electrical, and heating 1+x[ures and suppiies; household gouds, Furnishings, appliances, and equipment; nursery stock, erain, seed, fencing, hay and othcr bulk agriCUltural or horticul[tu'al produc[s; fencing, cl�ctrical and heatine tixtw�es and supplies; clothing; and related items. AMENDED 3-14-07 AS SAOWN W-���9�I-'F to the reQUlations and notes set forth in USE ZONE CHART IONS: FIRST, read down to find use ... THEN, across for REGULATiONS Minimums N v V � � �.. v 3 N � �.� �, _ � � L W � � � � � Process 1,5 2Q ft. See note I1 or, acres I. with SEPA, See See note 10. Process note III. 13. 5 � � � .� � x �� fE � �z� 40 ft. above average � �. �� �� � _� � � ZONE CE elevation (AABE) to 55 ft. AA$E. See notes 2 and 3. SPECIAL REGULATIONS AND NOTES 1 for each 1. Minimum side and rear yards shali be 20 ft, along residential zones and 15 ft. along all other zones. 300 sq. ft. of' 2. If approved by the director of community development services, the height of a structure may exceed 40 ft. above gross floor average building elevation (AABE), to a ma�cimum of 55 ft. AABE, if a31 of the follovring criteria are met: (a) Tlie area. increased height is necessary to accommodate the structural, equipment, or operationa] needs of the use conducted in the building, and/or all ground Tloor spaces have a minimum floor-to-ceiling height of 13 R. and a minimurn depch of I 5 f't.; (b) Height complies with note 3, below; (c) Height over 40 ft. is set back from non-residential zones by one additionai tt lor each one ft. of height over 40 ft.; and (d) Roof lines are designed to avoid a predominandy flat and featw eless appearance through variations in roof height, forms, angles, and materials. 3. Buiiding height may not exceed 30 ft. A.S$E when located within 100 ft. of a residential zone. 4. The subject property must be designed so that [ruck parking, loading, and maneuvering areas; areas where noisc generating outdoor uses, storage, and acAvities may occur; or vents and similar fea[ures; are located as far as possible I'ro�Ti any residential zone, conforming residential use, natural systems, and public rights-of-way. 5: These uses shall cause no inherent and recurring generated noise or vibration that is perceptible wi�hout iiuu wrei;is ,:t any point along a property line, except transportation and delivery operations typically and cus[omarily associared �.vii!�� thc use, and provided that such operations are no[ audible Y'rom a residential zone on a regular or recurring basis. 6. Except as may be allowed under § 22-1113, outdoor storage areas shall be located to the rear and/or side(s) of' che principally permitt�d s[ructure. ?. For regulations pertaining to outdoor use, activiry and storage, refer to FWCC § 22-11 l 3. 8. No maximum lot coverage applies. Instead, the buildable area will be determined by other site development regulations, i.e., required yards, landscaping, surface water facilities, etc. 9. For community design guidelines that apply ro the project, see Article XIX. 10. For landscaping requiremenu that apply to the project, see Article XVII. 1 L For sign requirements that apply to the project, see Article XV11L 12. For other provisions of this chapter that may apply to the subject property, see § 22-946 et seq. 13. The development must coneain at least 1.5 acres; provided, however, this use may be conducted on a lot ul' any ;izc i I (a) the lot lines detining the lot were lawfully created prior ro the March 1, 1990; and (b) the applicant has noc own�d uny contiguous lot or lots since March l, 1990. i'rucess i, tl, Iil and Iv are descnbed in �� 22-351 — 22-356, 22-361 — 22-370 22-386 — 22-411, 22-431 — 22-460, respecNvely. FEDERAL NIAY CITY CODE (FWCC) Chapter 22. Zoning "Definitions" (Ia Relevant Part) Amended 3/14107 to delete definition of Big Box Retail. The existing code de�nition of "bulk" retaii adequately contemplates such uses, without square footage lirr�its, so the big box retail definition is unnecessary and overly restrictive. 22-i Definitions. , Commercial use means the uses allowed in the commercial zones and the non-industrial uses permitted in the commercial enterprise zone and not permitted in any other zones of the city. Industrial uses means theose uses allowed onlv in the ��a� CE zones as listed in FWCC §22-861 throu�h §22-864 u��� � �• ^� ;**�a ; �+�� � �'•� �*- Industria!-commercial zones means the � CE zoning district. Manu1'acturing and production general means establishments en�a�ed_ i the mechanical or chemical transformation of materials or substances_into new products, including the assembling of component parts, the creation of products, and the blendin�of materials such as oils plastics resins or liquars, and is tYpicallv carried on for the wholesale market. Manufacturing and production, limited, means retail establishments engaged in small-scale manufacture, production, and on site sales of custom p_oods and products. This classification includes uses sueh as ceramic studios; candle making sho .s�� custom jewelry manufacturing� woodworking and cabinet making manufacturing of speeialized orthopedic appliances such as artificial limbs or braces; dental appliances such as bridges, dentures, and crowns; production of goods from ftnished materials such as wood, metal paper �lass leather and textiles and production of specialized food products such as caterers, bakeries, candy stores, microbreweries, and beverage bottlers. These uses are distin�uished from "manufacturing and production, general" uses by apredominant use of hand tools or domestic mechanical equipment, limited number of em,ployees limited sales volume, little or no outdoor storage, limited truck deliveries, tvnicai retail hours of operatian and obvious retail storefront with a public entrance that is in scaie with the overall building and oriented to the right-of-way. (Ord. No. 90-43, § 2(3.10), 2-27-90; Ord. No. 90-51, §§ 1, 2, 3-27-90; Ord. No. 91-87, §§ 2- 4, 2-5-91; Ord. No. 91-92, § 4, 4-1b-91; Ord. No. 91-IQO, § 4, 6-4-91; Ord. No. 91-105, § 3, 8-20-91; Ord. No_ 91-1i3, § 3, 12-3- 91; Ord. No. 94-223 § 3(A), 10-18-94; Ord. No. 95-245, § 3(A), 11-21-95; Ord. No_ 96-269, § 3, 6-18-96; Ord. No. 96-270, § 3(A), 7-2-96; Ord. No. 97-295, § 3, 5-20-97; Ord. No. 47-291, § 3, 4-1-97; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 97-300, § 3, 9-16-97; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 99-337, § 2, 3-2-99; Ord. No. 99-348, § 2, 9-7-99; Ord. No. 99-353, § 3, ll-1b-99; Ord. No. 99-357, § 3, 12-7-99; Ord. No. 00-363, § 2, 1-4-00; Ord. No. O1- 385, § 3, 4-3-01; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 04-457, § 3, 2-3-04; Ord. No, 04-468, § 3, i i-16-04; Ord. No. OS-506, § 3, 10-1&-05; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 06-533, § 5(Exh. A), 9-19-06) Division 6. Neighborhood Business (Bl� 22-721 Office/retail. The followin uses shall be ermitted in the nei hborhood business (BN) zone subject to the re ulations and notes set forth in this section: USE ZONE CHART z D[RECT[ONS: F(RST, read down to tind use ... TFIEN, across for REGULATIONS � Minimums � Required Yards � `� " ZONE �j U r� �j � � L a B1\ W � °" � � � ` � a � N � � �� '� .°' N G „ � � �= X usE �� -°� r� N � z� �� SPECIAL REGULATIONS A1�1D NOTES Qttice use Process None 0 ft. 10 tt. !0 ft. 35 ft: above I tbr each 300 !. The hours of operation of retail uses may be limited to reduce impacts on nearby residential areas, f I average sq. ft. of gross 2. Assembly or manufacture of goods on the subject properry is permitted only iF. Retaii estat�lishment See building floor area a. The assembly or manufacture is cleariy accessory to an ailowed use conduc�ed on the subject property unJ i> sellin� aroceries, iiote 7 See notes 3 and 9 elevation directly related to and dependent on this allowed use; and preduce and related Determined on b. The assembled or manufactured goods are available for purchase and removai & the subjeci prnperty ��;<i ite��is; drugs and See note 3 a case-by-case are for sale only to retail purchasers; and personal care basis for mixed c. There are no outward appearance or impacts from the assembly or ma��ufaccure. products; books; uses 3. if any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion ul the liquor; hardware, structure shall not exceed 30 ft. above average building elevation and the structure shall be set back a minimun, of garden, retail nursery 20 ft. from the property line of the residenpal zone. ' stock and related 4. No outdoor use, activity or storage is permitted except as follows: items (excludina a. Nursery stod< for sale on the subject property may be stored outside. l�ulk a�-Fi+g�a� b. Seasonal items such as Christmas trees, pumpkins and locally grown produce may be stored or sold outside, retail); household provided that this ac[ivity is located on the subject property as far as possible from any residential zones and does goods and not unreasonably interfere with nearby residential uses. fumishings, 5. Aecess to and from drive-through facilities must be approved by the public works department. Drive-through clothing, variety, faciljties must be designed so that vehictes will not block traffic in the street while waiting in line and will not home electronics, unreasonably interfere with on-site ttaftic flow. sporting 000ds; signs; or works of art (Continued on next page) See nute l3 Process I, I1, I11 and N are doscribed in F o dur inforniatio aboutparking and parking aroas, s ee ¢ 22-1 et s eq. �� ?2-351 - 2?-356, - 22-361 — 2?-370 ?2-336 — 22•411, For details of what may exceed this height linrit, see § 22-1046 et seq. 22-a31 — 22-460, respectively. For details regarding required yards, see � 22-113 L et seq. EXHIBIT L Amended Side & Rear Yard Setbacks and Landscape Buffers DISTRIBUTED AT PLANNING COIVIMISSION HEARING 3J21/07 REDUCES SIDE/REAR YARD SETBACKS FOR CERTAIN USES IN CE, FROM 10 FT. AS INITIALLY PROPOSED, TO 5 FT., AND CORRESPONDINGLY, REDUCES & CLAR�IES LANDSCAPE BUFFERS AFFECTS: FWCC Division 10, "Commercial Enterprise" Use Zone Char# FWCC Article XVII, "Landscaping" Above-Referenced Amended Codes Attact�ed Exhibii L, Amended Side & Rear Yard Setbacks_.. I'age - 1 - SIDE 8i REAR YARD SETBACKS 8t LANDSCAPE BUFFERS RETAIL �NON-BULK�, OFFICE, RESTAURANT, HOTEL/MOTEL EXISTING AND PROPOSED (IN MARCH 14, 2007 STAFF REPORT� Zone Side cPc Rear Yard Setbacks Perimeter Landscape Bu ers Existin Pro osed Existin Pro osed Community 0 ft. No change S ft. along No change Business nonresidential (gC) zones & 15 ft. along residential zones Business Park 20 ft. for affice; 10 ft. for 10 ft. along 5 ft. along (BP-Existing) l0 ft. for all commercial,, nonresidential nonresidential zones Commercial other uses; office; except 5 ft. zones, except 5 ft. & streets, and 10 Enterprise except 20 ft. for pedestrian along BP; & 25 along residential; (CE-Proposed) from residential scale retaii, ft. along except industrial uses zones office, hotel- residential zones must provide 10 ft. motel; & (regardless of along nonresidential entertainment- use) zones & streets, and generally; 20 ft. 25 ft. along � from residential residential zones. zones Findings and Staff Recommendation • In BC, the required setback for these uses is 0 ft. from nonresidential zones and the required buffer is five feet against nonresidential zones. • In CE, the initially-proposed 10 ft. setback was based on the existing (BP) side and rear yard setbacks of 10 ft. for these uses (except office is 20 ft., which is excessive, and was not proposed). • Staff could find no compelling reason to impose greater setback and buffer standards in CE, than applies to comparable uses in BC; so long as larger setbacks and buffers apply adjacent to residential zones and for industrial uses, as reflected in initial proposai. • Therefore, staff recommends a five-foot setback, and five-foot buffer, along nonresidential zones, for these uses, in place of the initially-proposed 10 ft. setback and buffer. • Staff-recommended amendments are attached, as shown in and double underline. Exhibit L, Amended Side & Reac Yard Setbacks... Page - 2- 22-867 Retail, general and specialty — limited manufacturing and producdon. The following uses shali be permitted in the commerciai enterprise (CE} zone subject to the regulations and notes set forth in this sec6on: USE VJ U11V'l z 0 F a � � V L a � 3 � •� Y > CC, CL� General and specialty retail sales, Process as defined in this ehapter, which II or, includes, but is not necessarily with limited to, products such as SEPA, groceries, produce, and related Process items; drugs and personal care iII. products; books; liquor; hardware, garden, retail nursery stock and related items; household goods; clothing; variety; home eloctronics; sparting goods; signs; second hand merchandise; antiques; and works OP art. Retail services including laundry, dry cleaning, beauty and barber, video rental, printing and duplicating. Limited manufacturing and production, as defined in khis chapter. Other retail sales or services not specifically listed in this zone. See note t3. read down to find use ... THE23, across for N � v C/� � � y � � .S c�i cn � one 5 8. •Soe See notsl0. Process I, II, [II and N are described in § § 22-351 – 22-336, 22-361 – 22-370 22-386 – 22-411, 22-431 – 22-460, respecdvely. File #06-105688-00-UP � � o� � ''�' . � _ � •� t �xy 40 ft. above average elevation (AABE). to 55 ft. AABE and 4 floors. See notes 2and3. N M a � � 00 .= G � 0. zorrE CE SPECIAL REGULATIONS AND NOTES General 1. Minimum side and rear yards shatl be 20 R along residentiai zones and �4A �, ft. along all other aones. office and 2. If approved by the director of communiry development services, the height of a strucNre may exceed 40 8. veterinary above average bui}ding clevation (AABfi) to a ma�timum of 55 ft. AAB6 and four floors, if ail of the office: t following criteria are met: (a) The increased height:is necessary to accommodate the structural, equipment, or for each operaaonal needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor- 300 sq. R to-ceiling height of 13 R. and a minimum depth of 15 ft.; (b) Height complies with note 3, below; (c) Height of gross over 40 ft. is set back from non-residentiat zones by one additional ft. for each one ft. of height over 40 ft.; flaor area. and (d) Roof lines are designed to avoid a predominant]y flat and featureless appearance through variations in roof height, forms, angles, and materiais. Medical 3. Building height may not exeeed 30 ft. AASE when locatsd within 100 tL of a residential 2one. and denial 4. Drive-through faciliries must be designed so that vehietes wili not biock traffic in the street while waiting in o�ce: 1 line and wiil not unreasonably intcrfere with on-site traffic flow, and must.meet the design guidelines £or each estabiished in Articie XIX. 225 sq. ft. 5. The subject property must be designed so that truck parldng, loading, and maneuvering areas; areas where of gross noise generaring outdoor uses and acdvitios may occur, and vents and similar features are located as far as floor area. possihle from any residendal zone, conforming rosidenGat use, natucal system, or public right-of-way. 6. Except as may be allowed under § 22-1113, outdoor storage areas shall be located to the rear and/or side(s) of the principally permitted strucWre. 7. No maximum lot coverage applies. Instead, the buildable area will be determined by other site development regulations, i.e., required yards, iandscaping, surface watec facitities, ete. 8. For regulaHons pertaining to outdoor use, acri�ity and. stotage, refer to FWCC § 22-I I I3. 9. For community design guidelines that apply to the project, see Article XIX. 10. For landscaping requirements that apply ta the project, see Ardcle XVII. 11. For sign requirements that apply to the project, see Article XVIIL 12. For other provisions of this chapter that may appij+ to the subject propeTty, see § 22-946 et seq. 13. May be approved if the Director determines that tht characterisdcs and impacu of the proposed use are analogous to other listed uses and the proposed use is consisient wiLh the comprehensive plan goals and nolic'res for this zone. .— . ---- ---- ---- ---- For other information about parl For details of what may exceed this Page•3- USE ZONE CHART areas,see g 22-t376 etseq. limit, see § 22 et Doc. I.D. 40I97 22-868 Of�ce uses. USE f/} L11[.Cl, Z O d n'�, U a � 3 . � O' > a�� perm�aea m me comr FIRST, read down to Minimums ��Requ�red i Yards ,. s � � N v y Q ro � � w cn � H � �.,, v E ° 7 0 V •� 3 ��� 40 ft. above average buiiding elevation (AABE), to 55 R. AABE and 4 floors. zone subiect to the reaulations and notes set across for REGULATIONS d N � � °o C d � � d USE ZONE CHART Z��i CE SPECIAL REGULATIONS AND NOTES Medical and L Minimum side and rear yards shall be 20 ft. along residrntial zones and �1�9 � ft. along al] otha wnes. dental o�ce: i Z. If approved by the director of communiry developmtnt services, the height of a structure may exceed 40 ft. above average for each 225 sq. building elevation (AABE), to a maximum of 55 ft AABE and four flaors, if all of the following criteria are met: (a) The ft. of gross floor increased height is necessary to accommodate the structural, equipment, or operational needs of the use conducted in the area building, and/oratl ground floor spaces have a minimum floor�taceiling height of 13 ft. and a minimum depth of 15 ft.; (b) Height complies with note 3, below; (c) Height over 40 ft. is set back from non-residenrial wnes by one addiponal ft. for each Other o�ce: 1 one ft of height over 40 ft.; and (d) Roof lines aro designed to avoid a predominantiy flat and featureless appearance through for each 300 sq. variations in roof height, fortns, angles, and materials. R of gross floor 3. Building height may not exceed 30 ft. AABE when located within I00 R of a residentia! zone. area. 4. Veterinary offices must meet all of the foliowing: (a) oniy smatl animals may be treated; (b) outside runs or other ouuide facilities are not permitted; otherwise this use shati be reviewed timder § 22-870; and (c} the site must be designed so that noise from this use wiil not be audibte off the subject property based on a certificate W this effeet signed by an acoustical engineer and filed with the development permit appiicarion. 5. Drive-through facilities must be designed so that vehicles wil] not b(ock traffic in the sireet while wairing in line and witl not unreasonabiy interfere with on-site traffic flow, and must meet the design guidelines estabiished in Article XIX. 6. No maximum lot coverage applies. [nstead, the buildable area will be determined by other site development regularions, i.e., required yards, landscaping, surface water facilities, etc. 7. For rogutations pertaining to outdoor use, activity and storage, refa W FWCC § 22-1113. 8: For community design guidetines that appiy to the projec6 see Articte XIX. 4. For landscaping requiremenu that apply to Ehe project, soe Article XVII. 10. For sign requiremenu that apply co the project, see Amicle XVIIL 1 l. For other ovisions ofthis cha ter that ma a 1 to the sub'ect ro , see 22-946 et se . Dental o�ces. Banking and related financial offices; insursnce and rcai estates o�ces, and other professional services; research and develbpment facilities whose primary purpose excludes product testsng. Process II None or, with SEPA, Process III. 5 ft. �See note 2. See note 9. notes 3 4 Process I, II, Ill and N aze described in § § 22-351 - 22-356, 22-361 - 22-370 22-386 - 22-411, 22-431 - 22- 460,respectively. I For other information �bout parking and pazlang areas, see § 22-1376 et seq. — L For other informallott 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. File #06-105688-00-UP Page - 4- Doc. I.D: 40197 22-869 Hotel - motel. � Hotel or z �. 0 ., F � y V � O W � a. � � 3 _ � � y .� � � � � � � s �� � a{ � x � cess II �None 45 ft. �See Nob with � 1 and 2. Process I See note 9. III. Process I. II, III and N are deseribed in �& 22 351 — 22-356. �-361 — 22-370 22-386 — 22-4i 1. 22-431 —�22-460. resnecqvelv. t�SE �ONE CHART average building elevation (AABE), to 55 AABE and 4 floors See notes 2 and 3. U. ro � N . c cG t�. guest note ZONE CE SPECIAi. REGULATIONS AND NOTES , 1. Minimum side and rear yards shall be 20 fi. along residential zones and �8 � ft. along all other zones. 2. If approved by ihe director of communiry development services, the height of a structure may exceed 45 ft. above average building elevation (AABE), w a maximum of 55 ft AABE and four floors, if ail of the foilowing criteria are met: (a) The increased height is necessary to accommodate the strvctural; equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor-to-ceiling height of 13 R. and a minimum depth of 15 it.; (b) Height compiies with note 3, bolow; (c) Heightover 40 f3. is set back from non-residenNal zanes by one additional ft. for each one ft. of height over 40 ft.; and {d) Roof lines are designed to avoid a predominandy flat and featureless appearance through variations an roof height, fortns, ang�es, and materials. 3. Buitding hoight may not exceed 30 ft. AABE when located within 100 tt of a residtntial zone. 4. If this use includes accessory meering, convention, or other facilities that will be used by persons other than ovemight customers, the ciry may require additional paridng on a case-by-case basis, based on the nature and extent of such faciliries. 5. The subject property must be designed so. that truck parldng, loading, and maneuvering areas; arcas where noise generating outdoor uses and activities may occur, and vents and similar features are located as far as possible from any residential zone, conforming residential use, natural systems, and publie rights-of:way. 6. No maximum lot coverage applies. Instead, the buildable area wili be determined by other site development regulaaons, i.e., repuired yards, landscaping, surface water facilities, etc. .. 7. For regulations pertaining to outdoor use, activity and storage, refer ro FWCC § 22•1113. 8. For community design guidelines that apply W the projecc, see Article XIX. 9. For landscaping requiretnenu that apply ro the project, see Article XVII, 10. For sign requirements that apply to the project, see Article XYIII. 1 I. For other pro�isions of this chapter that may apply to the subject property, see $ 22A46 et seq. ��. L Por other infotmarion aho�t oazking and na*kin a�� ,e & 22-1376 et sea L�or other informallon about parking and arki areas see b 22-13�6 et sea For details of what may exceed this height limit see & 22-I046 et sea For details re�azdine required vards. see S 22-I 131 et seq, Fiie #06-105688-00-UP Page - 5- poc. I.D. 40197 22•872 Entertainment - genera�ly. USE ZONE CHART � .. F+ a y a � 0. �� � .� USE � e " k. in i 5 R, See except note 20 R. I. for goif course, driving range, indoor pistol range, and animal kennel. See note 10. � y A o � ^ x �a ZONE CE recreational or II or, cultural services or with activiries. SEPA, Proces. Private club or lodge. ItI. Health club, go(f course, driving range, indoor pistol range. Restaurant or tavern. Fast food restaurant. SPECIAL REGULATIONS APID NOTES 40 R. above Restaurant: 1 1. Minimum side and rear yards shall be ZO R along residenHal zones and 10 ft. along all other zones; excent 5 ft. side and average for each 100 *ear vards for restaLrant Lvern. and fact fnod restaLra*±t. buiid'mg sq. ft. of 2. If approved by the director of community developinent services, the height of a strucWre may exceed 40 R. above average elevation gross ftoar building elevation (AABE), to a maximum of 55 R AABE and four ftoors, if all of the foilowing criteria are met: (a) The (AABE), to area. increased height is necessary to accommodate the structural, equipment, or operational tteeds of the use conducted in the 55 ft. building, and/or ali gound floor spaces have a minimum floor.to-ceiting height of 13 R and a minimum depth of I S ft.; (b) AABE 3nd Fast food Height comp(ies with note 3, below; (c) Height over 40 ft. is set back from non-residenHal zones by one addiponal ft. for 4 floors. restaurants: each one ft. of height over 40 ft.; and {d) Roof lines are designed to avoid a predominantly flat and featureless appearance 1 for each 80 through variaaons in roof height, forms, and materials. ` See notes 2 sq. ft. of 3. Building height may not exceed 30 ft. AABE when located withm t00 R: of a residenHal zone. and 3. gross floor 4. Drive-through facilities must be designed so that vehicles wil} notblock traffic in the street while waiting in line and will area. nof unreasonably interfere with on-site uaffic flow, and must meet the guidelines established in Article XIX. 5. Fasi food restaurants must provide one outdoor waste receptacle for every eight parking stalis. Ali other 6. The subject properry must be designcd so that dvck parking, Ioading, and maneuvering areas; areas where noise generating uses outdoor uses and activities may occur; and vtnts and similar features are located as far as possible from any residential zone, determined conforming residential use, natural systems, and public rights-of-way. on a case-by- ?. No maximum lot coverage applies. Instead, the buildable area wiil he detecmined by other site development regulations, case basis. i.e., required yards, landscaping, surface water facilities, ete. 8. For regulations pertaining to outcioor use, acrivity and strnage, refer to FWCC § 22-1113. 9. For communiry design guidelines that apply to the project, see Article XIX. 10. For landscaping requirements that apply to ihe project, see Article XVIL 11. For sign requirements that apply to the pro}ect, see Article XV1II. 12. For other provisions of chis chapter that may apply to fhe subj.ect properry, see § 22-946 et seq. �� �. � For other information about parkin� and oarkin¢ areas, see 8 22-1376 et seq, cess t. II. III and N are described — Z�... For othac information about a�rkmg and narkine areas. see �„�-1376 et sea. 65 22-351— 22-356. For details of what may exceed this hei¢ht limit: see 4 22-1046 g�:sea. 22-31 — 22-370 22-386 — 22-41 L For detaiis rega�d�i g�req i e yards, see S 22-i 131 et sea. File #06-105688-00-UP Page - 6 - Doc. I.D. 40197 __ - _ CAANGES TO LANDSCAPE CODE, FWCC Article XVII, as noted below: (i) , . Commercial Enterprise, CE. (1) Type III landscaping -�-85 feet in width shall be provided atong all property lines abutting public rights-of-way and access easements, except industrial uses shall provide Type II landscapin� 10 feet in width alonQ such property lines. (2) T}+pe I landscaping �15 feet in width shali be provided along the perimeter of the property abutting a residential zoning district, except industrial uses shall provide Type I landscaping 25 feet in width alon� such propertv lines. (3) Type II landscaping �� feet in width shall be provided along the perimeter of the property abutting a nonresidential zoning district, except _ indastrial uses shall provide Tvne II Ian�,seap�p, 10 ft, in width: (4) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (i)(1), (2), and (3) of this section. File #06-105688-00-UP Page -?- Doc. I.D. 40197 s � EXHIBIT M AIVIENDMENTS TO SIGN C4DE IN RELEVANT PART {FREE WAY PROFILE SIGNS) Distributed at Planning Commission Hearing 3/21/07 Federal Way City Code (FWCC) Chapter 22. Zoning Article XVIII. Signs 22-1601 Signs in nonresidential zoning districts. (4) Freeway profile signs. In addition to the categories available in subsections {a)(1) and (2) of this section, a subject property may be permitted an additional freestanding sign if it meets the following: a. Criteria. l. Abuts the right-of-way of Interstate 5; 2. Is located in the zoning designation of city center core (CGC) or {�� commercial enterpris� (CE). b. Sign type. A pylon or pole sign is allowed; provided, that any pylon or pole sign must have more than one pole or shuctural snpport, and its design must be compatible to the architecture of the pritnary structure on-site or fo the primary sign{s) already permitted on the subject property. Alternatively, a pylon or pole sign may have one pole or sttuctural support if it results in superior design, which shall be subject to the director's approval. Sign content for any pylon or pole sign may include center identi�cation signs; provided, however, that all font sizes used are a minimum two feet tail. Any freestanding. freeway profile sign may be an illuminated sign, and/or a neon sign. Animated or moving signs and electronic changeable message signs shall not be permitted. c. Sign arientation. The sign must be oriented toward I-5, be visible from I-5 (not the off- ramps), and be located near the property line closest to I-5_ d. Sign height. If the subject prop.erty has an elevation lower than the freeway, a freeway profile sign shall not exceed 25 feet above the elevation of the nearest driving lane of the freeway at a point nearest to the proposed location of the sign. If the subject property has an eievation that is higher than the nearest driving lane of the freeway, then the sign shall be no taller than 20 feet above the average finished ground elevation measured at the midpoint of the sign base. However, the maximum height of the sign can be increased to 40 feet above the average finished ground elevation measured at the midpoint of the sign base in order to be visible •above trees or other obstructions, subject to the director's approval. The sign height shall be measured by a licensed surveyor and the applicant shall be responsible for providing the surveyor. e. Sign area. 1. For a subject property with a malti-tenant complex, a center identification sign identifying only the name of the center shall not exceed 600 square feet for the totai sign faces, with no one sign face exceeding 300 square feet. 2. For a subject property with a multi-tenant complex, a center identification sign, which identifies businesses within the multi-teriant complex, and which is �ocated 50 feet or less from the advertised activity shail not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet. 3. For a subject property with a multi-tenant complex, a center identification sign, which i.dentifies businesses within the multi-tenant complex, and which is located more than 50 feet .from the advertised activity shall not excee8 300 square feet for the total sign faces, with no one sign face exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet. 4. For a subjeet property with a multi-tenant complex, a sign advertising just one business shall be located 50 feet or ]ess from the advertised activity with no one sign face exceeding I50 square feet. No one dimension of the sign face may exceed 20 feet. Exhibit M, FWCC Cha�ter 22, XVIII, Signs Page - 2- File #06-105688-00-UP J Doc ID 4023 8 5. For a subject property with a single-tenant building, a sign located 50 feet or less from the advertised, activity shall not exceed 600 square feet for the total sign- faces, with no one sign face e�cceeding 300 sq.uare feet. 6. Far a subject property with a single-tenant building, a sign located more than 50 feet from the advertised activity shall not exceed 300 square feet for the total sign faces, with no one sign face exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet. f. Number of signs. A subject property qualifying for a freeway profile sign may have only one freeway profile sign per subject praperty. � The applicant shall tie responsible for compliance with applicable federal, state and local laws including Chapter 47.42 RCW and Ch,apter 468-66 WAC. Exhibii M, FWCC Chapter 22, XVIIl; Signs Page - 3- Fite #t06-)05688-00-UP / Doc ID 40218 22-871 Entertainment - generally. USE ZONE CHART 1NC � Encertainment, recreational or cuiwral services or N � V O a b � 3 N '� .?? � � � � Process INone TI or, acrivides. SEPA, Process Private club or lodge. III. Heatth club, golf course, driving range, indoor pistol range. Restaurant or tavern. Fast food restaunnt. Gambline CJses. §& 22-351 -22-356. �2-31 — 22-370 �2-386 — 22-Gt i . 0 � 5 ft., except 20 ft. for golf course, driving nnge, indoor pistol range, and animal kennei: note s � � � v � N U � y �o� v�n � B '� � � �� :e �xv a�'a. See 40 ft. above Restaurant: 1 note average for each 100 1. building sq. ft. of elevation gross floor (AABE), to area. 55 8. AABE and Fast food 4 floors. restaurants: l for each 80 See notes 2 sq. ft. of and 3. goss floor area. All other p, uses deteRnined on a case-by case basis. ZONE CE SPECIAL REGULATIONS AND N�TES 1. Minimum side and rear yards zones and 10 ft. along all other zones; exceot 5 ft. side and 2. tf approved by the director of communiry developmrnt services, the height of a structvre may exceed 40 ft. above average building elevarion (AABE), to a maximum of 55 ft AABE and four floors, if all of the following criteria are met: (a) The ittcreased height is necessary to accommodate the structural, equipment, or operarional needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor-to-ceiling height of 13 R and a minimum depth of 15 ft.; (b) Height complies with note 3, below; (c) Height over 40 R is set back fro� non-residential zones by one additional ft. foT each one ft. of height over 40 ft.; and (d) Roof lines are designed to avoid a predominantly flat and featureless appearance through variations in roof height, for[ns, and tnaterials. 3. Building height may not exceed 30 ft. AABE when tocated within 100 R. of a residential zone. 4. Driye-through facilities must be designed so that vehicles will not block traffic in the street while waiting in line and wiil not unreasonably interfere with on-site tcaffic flow, and must meet the guidelines established in Article XIX, 5. Fast food restaurants must provide one outdoor waste receptacle for every eight pazking stalls. 6. T'he subject propetty must be designed so that truck parking, loading, and maneuvering areas; azeas where noise generating outdoor uses and acrivities may occur; and vents and similar features are located as far as possible from any residenrial zone, confornungresidendal use, natural systems, and p.ubiic righu-of-way. �. No maximum lot coverage applies. Instead, the buildable area will be determined by other site development regulations, i.e., required yards, landscaping, surface water faciliries, etc. 8. For regulations pertaining to outdoor use, acpvity and storage, refer to FWCC § 22-1113. 9. For communiry design guidetines that apply to the project, see Articie XIX. t0. For landscaping requirements that apply to the project, see Article XVIT. 11. For sign requirements that apply to the project, see Articte XVIII. 12. For other provisions of this chapter that may apply to the subject property, see § 22-446 et seq. I ' � k'or other informarion about pazking and parking areas. see S 22-13'76 et seo. For other information about oarkine and narldn� areas, see & 22-1376 et sea. For details of what may exceed this heig,ht limit. see § 22-1046 et seq . For decails re ardinp required vards. see 6 22-t 131 et sea. Exhibit N, Addition to CF.1Entertainment (Gambling Uses)... � File #06-105688-00-UP EXHIBIT N GA�MBLING USES IN CE (Amended Code Attached) � � ������ Distributed at Planning Commission Hearing 3/Z 1/07 Exhbit N, Addition to CF/Entertainment (Gambling Usesj... § 22-1 ,Etcc�vate or excavation means the mechanicai removal of soils and/or undertying strata. Fnmily means an individual or two or more indi- viduals related by not more than four degrees of affinity or consanguir�ity ai�d inctuding persons under legal guardianship, or a group of not more than five persons who are not related by four or Eewer degrees of affinity or consanguinity; pro- vided, however, that any iimitation on the number of residents resulting from this defiaition shafl not _ be appiied. if it prohibits the city from making rea- sonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwe!ling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604( fl(3)(b). Fnmily chitd care home means a business regu- (arty providing care during part of the 24-hour day ta 1,2 or fewer children (including the chitdren of the day care provider) in the family abode of the person or persons under whose direct care the chil- dren are placed. Fast food restaurant means an esiabiishment which offers quick food service which is accom- plished through one or more of the following mechanisms: ( l) Limited menu of easiiy produced items_ (2) Orders are not taken at the customer's table. {3) Food is served in disposable wrappings or containers. � Fence means a manmade ban�ier or wail coir structed for the purpose of enclosing space or sep- arating parcels of iand. Fill rnaterial means dirt, stnictural rock or gravel, broken conccete and simitar structural sub- stances customarity used to raise the level of the ground, but exc(uding topsoil, bark, ornamenta( rocks or gravel p(aced on the surface of the ground_ Finished grade means the final contour of the land surface prior to JandscaQing. Floor means the horizontal surface inside a structure designed and intended for human use and occupancy. Gam_ blib n�� use means one of those ga�nbling acttvrt�e` s regu ated by the state, e.g., "pubiic card rooms," which involve staking or risking some- thing of value upon the outcome of a contest of chance or a future contingent event not under the person's control or influence, upon an a.greement or understanding that the person or someone e(se will receivc somethinb of value in the eve��t of a certain outcome. Gambiing uses inclucle those uses re�ulated by the Washin�ton State Gamhling Com- mission witt� the fo(lowing exceptions as these uses are defined in Chapter 9.4G RCW: punch boards; piill tabs; bingo games operated by bona fide not- For-profit organizations; limited sociai games oper- ated by bona fide not-for-profit organizations; commerciat aRiusement �ames; .raffles; fund rais- ing events; business promotional contests of chance; sports pools; nolfi�g and botiviing sweep- stakes; dice or coin contests for music, food, or beverages; fishing derbies; bona E�ide business transactions; activities regulated by the State Lot- tery Commission. ' Geologic�zlly laazardous areas means areas wfiich because of their susceptibitity to erosion, iand-stiding, seismic o� other geoiogical events are not suited to siting cornmercial, residential or industriai developroent consistent with pubiic health or safety concerns. Geologically hazardous areas include the fottowing areas: (1) Erosion ha�c�rd areas are those areas hav- ing a severe to very severe erosio�� hazar� due to natural agents such as wind, rain, splash, frost action or stream flow. (2) Landsli�le ha�a► nreas are those areas potentially siibject to episodic downsiope move- �nent of a mass of soil or rock i�cluding, but not limited to, the foitowing a�eas: a. Any area with a combination of: I. S(opes greater than 15 percent; 2. Penneable sediment, predominatety sand and grayel, overlying relatively impermeable sediment or bedrock, tyQically silt and clay; and 3. Springs or groundwater_ seepage. b. Any area which has shown movement during the Holocene epoch, from 10.000 years ago to the preseat, or which is underlain by mass wast- age debris of that epoch. c. Any area potentially unstalile as a result of rapid stream incision, stream bank erosion oc undercutting by wave action_ d. Any area located in a ravine or on an active all�►via! fan, preset�tly or potentially subject to inu�dation by debris tlows or flooding_ e. Those areas identified by the United States Department of Agricu[tuce Soil Conserva- tion Service as having a severe limitation for build- ing site devetopment. {Revised 6/06) 22-8 Exhibit C WRITTEN COI��IMENTS -Letters from Jesse Cherian, ST Fabrication, Inc., dated March 14, 2007; March 15, 2007; Maxch 21, 2007; March 23, 2007; and Apri16, 2007 -Letter from Bob Wroblewski, dated March 14, 2007 �oc. I.0. Exhibit C to May 21, 2007 LUTC Memo 1 � . -' t . ��" u �� i ���P Y6d��fiJf t� ���e �:., �GY ���'�.. :Y�' ¢=;: WA State Minoritv Business Enterorise # M4M6818443 AISC CerYified Conventionat Steel Buildins� Fab Shop: 35703 16th Ave S, Federal Way, WA 88603 Alaska Office: MaUfng: P.O. Box 24630, Federai Way, WA 98093 1612 Wickersham D�, Anchorage, AK 99507 Telephone: (253) 735-2000 Fax: (253) 838-6400 •"`_�� Telephone: �907) 569-6990 Fax: (9W) 569-6955 March 14, 2007 Planning Commission - City of Federal Way Community Development Services 33325 8� Avenue South Federal Way, WA 98063-9718 RE: BPBC Code Amendments Dear Committee Members, We own properties and run multiple businesses on said properties located in the BP zone at 356� and 16� Avenue South. The approximate 16 acres there is surrounded by single family residential along the south border and by multi-family residential along the east border. We have cancerns abaut the language that has removed the residential component from #he BP zone. In previous communications with the City, our understanding was that the new zone would have the elements of the BP zone�combined with the BC zone to make the best use of the prope�ties for the City growth. We are asking the committee if they have considered that it would be more appropriate to recommend mixed use as a part of the CE zone since the gene�al trend in most of the major construction projects in King County is towards mixed use. This would permit the "mixed-use" element from the BC zone to also be allowed in the CE zone. This would provide a smooth transitional land use between single family zoned and commercial zoned land. Our primary business, ST Fabrication is currently working with several major developers in Seattle, BeHevue, Renton, Kirkland, Mill Creek and Honalulu. 1n every case, their approach is to mix residential and commercial structures together to make the projects fiscally viable. The current cos#s of construction and land make the "commercia! only° projects tenuous at best and the vacancies in the BC corridor are a testament to that. Projects that have mixed use allow the underlying residential components to offset the commercial component. This is especially true for the parcels that are geographical{y constrained by #opography, or adjacent residential neighbors. We are able to provide the City contac# with these developers who are anxious to make such a ptoject happen in Federal Way at our location. These types of urban communities or live-work centers that merge residen6ai and commercial structures is something that would �it the demographic of Federal Way weil. We urge the Committee to consider this in the Comprehensive Plan and the praposed zoning changes. Respectfully,� ,� / J eria T rication,lnc. ���,_ � � � ., � � � �. . �`� ������������, ���, ' � - �: �'; -,.��.� � WA State Minoritv Business Enterprise # M4M6816443 AlSC Certified Conventional Steel Buildin� Fab Shop: 35703 16tb Ave S, Federai Way, WA 96003 '"-'-'' Alaska Office: Mailing: P.O. 6ox 24630, Federal Way. WA 98093 . 1612 Wkkersham Dr, Anchorage, AK 99507 Telepho�e: (253) T35-2000 Fax: (253) 838-6400 Telepho�e: (g07) 569-5990 Fax: (907� 569-6955 March 15, 2007 Kathy McCiung Director of Community Development Senrices City of Federal Way - 33325 8� Avenue South Federal Way, WA 98063-971$ RE: 2006 Comprehensive Plan Amendments BP/BC Code Amendments File No's. 05-103609-00-UP/05-903610-00-SE; 06-10105688-00-UP/07-100576-QO-SE Dear Kathy, As owners of properties and businesses located within the area designated for the proposed zoning changes to the new CE zone, we formally ask for a modification to the text of the CE zone special regulations as they have been currently presented to the Pianning Commission. We read a ietter at #he public hearing on March 14, 2007 to the Planning Commission describing our concems. This generated several questions ftom the commissioners that we responded to and would like to further address in this requesf for amendment. During the course ofi the staff presentation a new dilemma was presen#ed that we had na prior knowledge to. If the zoning changes go through with fhe new regulations for CE, it appears that our steel fabricafion shops, and the tenants we have for the granite fabricators will now be non-conformi�g. This became apparent during the follow up questions from the Commission. One of those questions dealt wi#h saund abatement. - i4s you know, ST Fabrication has spent more that $30,0OO.OQ and suffered the loss of much more in lost revenues due to operational slow downs in an effort to study the sound generated from our facilities. This was in an effort to appease the complaints from some of our neighbors to the south. The finding of the - sound study (independently contracted with a licensed sound engineer) showed that we were within the WAC standards for our facility and location. We did not come back to #he City and ask for reimbursement for these monies spent, or try to recoup our losses from the onerous requests to achieve this study. However, we will not be �unding any more sound abatement measures and will continue to operate as allowed by the current regulations. ' Having said this, we recognize tha# the best use of the properties in the long-term is not for heavy industrial use next to residential parcel. One of the development projects we considered allowed under the current BP zoning was senior family housing. This is an excellent use ofi the properties, has good retum on inves#ment, and makes sense from a development view. However, as owners, we also recognized that we then would have many more neighbors to the west and the north that would be similarly affected by our � :.� �� ������������; ��� �, , -.�r�.i � � WA State Minoritv Business Enterprise # M4M6818443 AISC Certified Conventional Steel Buildin� ,, � Fab Shop: 35703 �6th Ave S, Federa� Way, WA 98003 Alaska Office: Mafling: P.O. Box 24630, Federal Way, WA 98093 .. � 7612 Wicke�sham D�, Aochorage, AK 99507 7elepbone:(253)735-2000 Fax:f253)836-6400 Telephone: (907)569-6990 Fax:(907�569-6955 � fabrication facilities. !n order to maximize the asset value represented to our companies by the properties, we decided #hat the best soiution would be to sell these properties and move to another location that we have secured in the PacificlMilton area. in marketing the properties, we contacted many of our clients who are major developers in the area. As stated in the public hearing, we have supplied steel for these developers over the fast 3 years for projects totally more than $1 billion in development: Trammel Crow Residential - Continental Properties, LLC - Murray Franklin Companies - Avalon Bay Communi#ies - Alexan Cascade, Seattle, WA State Street Condominium, Kirkland WA, Kirkland Park Condos, Kirkland WA Kirkland Central Condominiums, Kirkland, WA Ballard Leary Phase 1 Ballard Leary Phase II Cristalla Condominiums, Seattle WA Avalon Meydenbauer, Bellevue, WA In each of these projects that we have built, and dozens of others that we can document, the developers have chosen #o do a mixed use project. The first floors are retail and office space, and the higher floors are residential. We are conftdent tha# this is the best solution for our properties in Federal Way. At this juncture, development is sfopped since the current zoning doesn't allow the mixed use. If it did, we would already by under construction and ST Fabrication would have already moved. It is important to have a transi#ional land space between the single #amily residential parcels and the commercial parcels. Propetties #hat adjoin (abutting to, or across fromj should be considered that transitioFlal property and be designated as a mixed use. We recommend that the special regulations should be modified to add that properties that adjoin a residential zone (abutting to or across #rom) are allowed mixed use. Thanks you for your time and considera#ion. Respectfully, _ /✓ J se T. Cherian, President T Fabrication, inc. cc: Lori Michaelson, Margaret Clark, Hope Elder, David Osaki, Merle Pfeifer, Wayne Carlson, Kevin King, Dini Duclos; William Drake, Lawson Bronson, Richard Agnew, Caleb Aifen �� �: �.' �i�, _ — .. F� [ „ � . '�� �`a�j.; � . :` r: x.. _.-....—=�! Z..} t f Y �e S� 6 j. _ . t[!'y ' •l . WA State M(noritv Susiness Enternrise # M4M6818443 AISC Certifred Conventtonal Steet Buildinp Fatr Sha 3A07 16th Aye S. Federai Wa WA 98063 f "'�=�'- T °�`� - P� Y. �:��,�'" �� Alaska OKcz Mapinp: P.O. 60� 24670, Fedcra! Way, WA 98043 1.�„ f . j ' 1672 Wicketsham Ot, Mchora�c, AK 99507 Takphonc: (I531 7354U00 faa: (253j 8]8-6400 ��;� v.-. Tdephona: (9�Tf 569-6940 Fax: (907) 564-6955 � ��k�._ March 21, 2007 Pianning Commission - City af Federal Way Community Development Services 33325 8` Avenue South Federai Way. WA 98063-97'! 8. RE: BPlBC Code Amendments and 2006 Comprehensive Plan Ammendments Dea� Committee Members, ST Fabrication wouid like ta clarify its position regarding the proposed zoning changes and comp plan. We are not oppased to the CE zoning changes that affect ou� properties in Federal Way. We agree with the Staff evaivation that the CE zoning wiil allow for expanded development that wiN better fit #he demographic of our city. We ask the Commission if they wouid direct staff #o revaluate residentiat compatibility for #he �unique tax parcels that are adjacent to or abut the multi-family residentiai anci single family residentiat portions�of the city, south of 356� Street. We agree with the Staff that residential components should not be considered wholesale across all CE zoning. We believe that the unique parcels in the new CE zane that are transitiona! propeities beiween the commercial and residential zones are ideal for multi family fype housing, or mixed used type structures_ A possibte solution that we have discussed is ta allow CE zoning along the frontage ,po�tions of 356�' and 16�' Avenues and ailow rnulti-#amily highe� density structures behind the commercial buiidings along the frontage. Mu1ti-family structures provide a good buffer between singte family �esider�ces and commercial properties. � At the last hearing, we also described the mixed use application for these proper[ies_ Again, tooking at just the prope�ties south of 356`" that are next to the residential area, this woutd allow a good intermediate stcucture that would serve as a buffer to the Lowes, Home Depot, and Crossings devetopment. We have included �a few drawings of one of the developer's products that are an example of the type of mixed use structure we feel would wo�k very we11 a# these locations. !n arder fo� this kind of development to proceed, #he devefopers #F►at we have communicated with wauld need sorne writ�en documentation from the City indicating that rnixed-use or multi-family woutd be an allowed use for these parcels before #hey would be willing to take on the development cosfs associated with such a large develapment. =�f ['`: t �- _ , _ � r._ .._.-- , f � °?`_�..�J-%� �-��<_� . �(:$�f�:<��o`�'F� :�:�, ��:: , WA State Minoritv Business Enterorise # M4M6818443 AISC Certified Conventionaf Steet Buiidina Fab Sha • 35707 161h AveS, Feticrat Wa Wq 90007 tr '��-� - ' - '��'' . � P- Y. ;� � lUaska Ottice_ MaNiaQ: P.O. 8ox 2A570, Fettecal Way, WA 48041 _�� -_ 1612 Wlckcrslum Or, AnchoragG qK � 9g5p,7 � Telephono: (253) 7]ST000 Faz: (253) SJB-ElOU ";; �'�� _ Tclephoac: (997) 569-6990 Far: �907) Sfi9-6455 - �,.-� �....., . We feel confident that fu�ther evaluation of these prope�ties south of 356' is warranted since they cleariy don't fit ti�e typicai style of the other properties in #he new CE zone_ . Respectfully, / esse T. Cherian ST Fabrication, lnc. cc: Lori Michaelson, Margaret Ciark, Hope Elder, David �sak+, Merle Pfeifer, Wayne Carlson, Kevin King, Dini Duclos, William Dr.ake, tawsan BronsoR, Richard Agnew, Caleb Allen . . DAVIS KURTH REAL ESTATE RETAIL PARKING INSt�J � TION 5GMEffi!L`c /�LL ti4"� �m W. a4ri q�mt c40l� rw� � MtMa�i �TiD i Q u �� M� � ^� ��rtl�YV�iwa��I�ct�'w �w��u.. ...+��c o.e � YYALL LEC5EN0 �e� "�6LPWUJ• �u�KL���wfirotto � _ �2.!_+�frutv� yri. � �w MI �' ru w na w.�i� .w ..,e w. ear � �_ a — � ����a � � �°' � v °�F....°__ � �oua ....� a. a. r ,. . _'_ � �b.e N� r. srm �.w� eacw.xe �om. W e1R..1M.v 10� V.��o � > wa .nu.m� w.ua w.0 ne i.. .wa ws�. ax�wu� .eno. . �:�,�:..,�: . .....�,.,.�..�..,.,,.o'....�.. �,.., u« ��..a �... 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Me arCei ue wM k'tC1b�G�l1Y MORS � vCiwwb .ua µvn� n[Nw�ip � Nplt� xe uvt arsnWUr.� rca sire .so,n.Ent-xt> . � � �r..�o e.n su� p�IOBCT l�IRfff PsCc � K�le l4rrtM Y[f'l�C+�qC rp [�MG[� hPEf. ro aaa 1���� ti�.--'.� ' as�='t .. .�-'C�. � ��� �� w ��� WIlmRmmt � Alc _ _.. . .... ...._ _ � ��;d. - _ . . �_ �`}��: 3 . � . .`'�����; a�..� � ��;:�� NLri{�.C�..+'� 9 :���`-�, , : �. � WA State Minoritv Buslness Enterortse # M4Mfi818443 AISC Certl�ed Convenkional Steei Buifdi�a FaS Shop: 15707 t51h Ava S, Fedcral Way, WA 98(10J �'�='�'' � Alaska O(Oce: MaNt�: P.0.8or 2463Q, Federal Way, WA 98a9� . � _ � ,.��� � 1fi 12 W1cke�sham Or, Anchorage. AK 99507 7elephone:(Z57) 735-200q Fac {253) 6�8-5100 �, -� 7e{ephone: t9U7�569-6990 �ac � �--'' _�-,.. March• 23, 2007 Kathy McClung Director of Commwity Deveiopment Services City of Federat Way - 33325 8� Avenu� Stiuth Federa) Way, WA 98t�63-9718 RE: Request #or Amendment to Tex# BP/8C Code Amendments (new CE Zone} Dear Kathy, ST Fabrication is directly atfected by the praposed text char�ges ta the new CE zc�ne. While we support �he majoriiy of the staff recommendations, there are some issues t�at provide a grave concern. In f�e 3!7/07 draft of existing Oivision 1 Q Comme�cial Enterprise {CE), section 22-861— Manufacturing- fabrication-assembly, it appears that our business as been specifically targeted and wil! become non- conformi�g. Special Regulation Note1 states �hat properUes south of 356�h that adjoin a residen6ai line are not allowed the manufacturing and fabrica6on use that we cu�rently have and ope�ate under. 1t concems us that tl�ere are no other properties to our knowiedge that wili be affected by this. Our two tax parcels are dearly being identified as unique, and we agree, they are. They are singularly located between des6nation commercia! businesses such as Lowes, Hame �epot, and the Crossings, and the multi-unit hausing �omplexes on our east border and the single family residences on our south borde['. We request that the new CE z4ne tex# be further modi�ed fo allow mixed use, multi-unit housia� �attached andlar stacked dwefting units), senior housing, a�d speciai needs housing) far all properties in the CE zone tha# are south of 35&�h that adjoin or abut a residential zone. Discussions wifh the S#aff and the Planning Commission have bee� favorable and we fee! fha# this is the mast expedient solution. Going through a camprehensive zoning change a�d pushing this aut into next yea�s Camprehensive Plan would have g�ea# cammercial impact on our small business. As yau know, we are a Minority Business �nterp�ise {MBE # M4M6818443) registered with the Stafe of Washington and not a large devel<�per. We don't have the resources to maintain the carrying costs af the undeveloped land and F;eep aur operations as smal! as they are. For us, the choice is simple 9. Sell our exis6ng properties to one of t�e many develr�pers who are intsrested in putting a mixed ase or multi-unit hnusing developmenf project, or sorne similar combina4on of commercial and resideniial in a attractive community that would grea�ly enhance the neighborhood and the overai( Ci#y of Federai Way. This would rec�uire the �ode to be modified as we have requested. Page t af 2 .: ��.: _ ��� �. � n+ � `� I` �� �. ^���-.� . e�,� � S' i`� E�r 7 ll 4-S �- n � i y �7 9:1 '_ . � WA State Mfnoritv Bus(�ess Entera�ise 1F M4M6818443 AISC CeRified Conventionai Stee( Bulldina Fab Shop: ]578] 161h Ave S, Fedaral Way. WA 98001 � �= +''.� - � Alaska O(tica: MaNlag: P.O. 9or 246]0, Federal Way, WA 98097 ' .� '� 1512 Wicke�ham Or, Aociw�age, AK 4950T � � Talephona: �253y 7]5-2000 Fair. (257� d28-6400 . "=W �::�.,� Tetepbpnc: {907� 5646990 F�r: �907) 569-6955 ��C.: �=. 2. Expand aur operations in our current location to mitigate the carrying costs of halding the undeveloped land 611 such time as the zoning can b� changed again in 2Q08 or 2d09. This will cast us at least $5Q0,000.00 i� it runs into 2008. For us fo generate #hat mtach more addi6ona! income, we would cer�ainly have to grow aur busir�ess ope�a6ons at our current location however the new CE zo�e does not allow us to expand out operations_ As we have described in earlier communica6ons with the Staif and the Planning Commission, our praspective buyers for this p�operty all have mixed use and/or mulfi-u�it housing with commercial compcments along the frontage in mind for this property. They are anxious to be able to commence such a project, but need assurances from the City thaf this is aliowed, not seve�al years from now, but this year. We believe that the Staff agrees that this would be the best salution For tfie property in principle. We wo�ld ask that the Land Use and Transportation Commit�ee wou{d direct the Staff to take whatever ernergency steps are required to make this happen in this current session. As I men#ioned, we are long time members af the Federal Way community, and we want fo see the City grow and improve far the best. 1Ne want to be pa�t of th� soiu6on to make the City bet�er, but we need your help to make this happen in a timely manner. Sincerely, _ � esse T. Cherian, President ST Fabricatio�, (nc. cc: Lori Michaelsan, Margaret Claric, Hope Elder, David Osaki, Merle Pfeifer, Wayne CarJson, Kevin King, Dini Duclos, William D�ake, Lawson Bronson, Richard Agnew, Caleh Ailen Page 2 af 2 �i: zt ;'b . �; . :� �� ��" ��k��i��ta�t�, �nc� WA State MinoritV Business Enterprise # M4M6818443 AISC Certified Conventional Stee! Buildinq Fab Shop: �5703 16fh Ave S, federal Way, WA 98003 � MaiNng: P.O. Box 2d630, Fede�a7 Way, WA 98093 7elePbone: (253) 715ZQ00 fax: (253� 898-64�0 �'��� ��';. ,. � Aprii 6, 2007 �and Use/T�ansportation Committee City of Federal Way - 33325 8�' Avenue South Federal Way, WA 98063-9718 RE: Request to Amend BP/BC Code (new CE Zone) Dea� Committee Members: Attention: Jack Davey, Eric Faison, and Dean McColgan, ���� ��� �.eC�UV� C� ��. qISC We are directly affected by the proposed Amendment of the BP/BC Code and the 2006 Comprehensive Pian. Upon notification of the first pubiic hearing, we have been involved with public comments and let�ers to the staff and planning commission. We are now asking for the LUTC to intercede on our behalf. Enclosed you wil! find copies of each of our communications mentioned above to date Our request to the LUTC is simple. Amend the new CE Zone to altow mixed use, mai�taining the residential component that was allowed previously in the BC zone. On numerous communica#ions with the City, we were told that the new BP/BC zone would be a merging of the two codes. The new CE zone doesn't aliow mixed use or reside�tial as a component, and this doesn't make sense, especially for properties that a�e surrounded by residential. The Planning Commissioners' comments a11 seemed to agree that residential/commercial zoning makes sense for our properties. Staff has indicated that we should simply apply for a rezone and wait for the following year, or year after for the normal process to go th�ough. However, there is tremendous commercial impact to our business if this amendment is allowed to go fonnrard without modification tMis year. My company is a Minority Business En#erprise with WA State and employees almost 40 people here in Federat Way_ Our company has supplied stee! for projects alf over the world and we pride ourseives on being a good empioyer. Ou� ability to function and grow is stopped by the new CE zone stipulation that properties south of 356 that adjoin residential are not aliowed to have fabrication or manufacturing uses. it would make our business a non-conforming site and not allow any expansion. Page 1 oi 2 � �� ��: �, �T ��bricat�or�, lt�c. ' ' �; . � ��. WA State Miao�itv Busi�ess Entera�ise 1# M4M6818b43 AISC Certlfied Conventionai Steef Buildinq Fah Shop: 35703 16th Ave S, federa! Way, WA 98003 - Alaska Office: Matltng: P.O. Boc 2463Q Fedenl Way, WA 98a93 - 1612 Wicke�sf+am Or, Ancho.age, AK 99507 Telephone:(253�7354000 Fau:{253�838-6400 � Teiephone: (907)569-6990 Fax:(407)569-6955 The consequence of this is that our 12 acres would continue to sit undeveloped and 2.5 acres o# our developed site would sit undeveloped and cost our company in excess of $500,000.00 in 2008 aione to carry our underlying contracts on the properties. These extra carrying costs would have to be mitigated by expanding our ape�ations and inc�easing production, and eventually make up the additionai revenue. 1f the Council adopts the text changes as is, it will prevent us from generating this ex#ra revenue si�ce the expansion of our operations is prohibited. The commercial impact of this unmodified zoning change would be ca#astrophic to our small business. Our only solution is to move the business and this requires us to sell our prope�ties. To date, we have spent the last year marketing the property and have aiways encounte�ed those who are interested in deveioping it as a mixed use project. They wiU not pfoceed untess the City indicates that mixed use is aliowed. The growth of these types of projects has been significant in Seattte, Kirkfand, Bellevue, Ballard, Honoiulu, and we anticipate in Federal Way as well. We urge the Council to modify the CE zoni�g change to allow the residential cornponents that were allowed in BC into the areas in CE that are south of 356�' and that adjoin a residential zone. This would limit residentiai in CE to the few plots that are - affected thusly and will also allow us to successfully make the transition #rom this p�operty to the next. I am sure that the neighbors who have compiained about the industrial site next to their houses would be appeased by having a mixed use project as �eighbo�s instead o# a steel fabrication shop. Thank you fo� your time and consideration in this matter. Sincerely, ���'`�`-� J se T. Cherian, President T Fabrication, Inc. cc: Kathy McClung, Hope Elder, David Osaki, Merle Pfeifer, Wayne Ca�lson, Kevin King, Dini Duclos, William Drake, L.awson Bro�son, Richard Agnew, Caleb A!!e� Page 2 of 2 Center Helping People. Changing Lives. iince 1971 1200 S. 336th St., P.O. Sox 23699, Federal Way, WA 98093-0699 253/$38-6810 • Fa�c: 253/874-7831 • www.multi-servicecenter.com My name is Bob Wroblewski. I live at 31826 48'� Circle SW, the Palisades at Dash Point Condominium. I have been a MSC Boazd of Director member for then past 6 years, serving as an officer for 4 of those years & correctly I am the Secretary. On behalf of the Board, I would like to thank you for �nsidering our request to have Mitchell Place, a low income senior housing development be zoned Multi Family. We strongly feel this is the right decision. �1'.�j l� l "3j 1�-�u°� � Emergency Shelter, Transitional &. Low-Income Rental Housing • Federal Way Food Bank • South King County Clothing Bank � IJNITFD WAY . �..� �NC Literacy • Employment Services • Home Energy Assistance Program • L,ong-Term Care Ombudsman Program � unrrr �. h EXHIBIT D Planning Commission Public Hearing Meeting Minutes Meeting dates: March 14, 2007; March 21, 2007; April 17, 2007 p�, �,p, Exhibit D to May 21, 2007 LUTC Memo CITY OF FEDERAL WAY PLANNING COMMISSION March l4, 2007 � City Hall 7:00 p.m. Councii Chambers MEETING MINUTES Commissioners present: Hope Elder, Dave Osaki, Dini Duclos, Merle Pfeifer, Lawson Bronson, and Wayne Carlson. Commissioners absent: Bill Drake (excused}. Altemate Commissioners present: Kevin King and Richard Agnew. Alternate Commissioners absent: Caleb Allen (excused). Staff present: Community Development Services Director Kathy McClung, Senior Planner Margaret Clark, Senior Planner Lori Michaelson, Contract Planner Janet Shull, Traffic Engineer Rick Perez, Assistant City Attomey Amy Jo Pearsall, and Administrative Assistant E. Tina Piety. Chairwoman Elder called the meeting to order at 7:06 p.m. APPROVAL OF MINUTES None AUDIENCE COMMENT None ADMINISTRAT[VE REPORT None COMMISSION BUSINESS PUBLIC HEARING — Zero Lot Line Townhouses and Small Lot Detached Development Code Amendments Commissioner Osaki announced that he has a working relationship with the proponent and although he doesn't feel it would affect his decision, he has decided to recuse himself. Ms. Shull delivered the staff report. She handed out a staff inemorandum with findings and the staff recommendation. Last week the Commission had asked about the responsibility for maintenance. Staff spoke with the utilities about this question. General maintenance would be the same as that currently for apartments and condominiums. The City can enforce code violations. Whenever possible, utiiities in pnvate right-of-way will be privately owned and maintained. Staff recommends adoption of the amendments as proposed with an amendment to Exhibit 4 to change the minimum lot size for Lero Lot Line developments from 1800 square feet to 1500 square feet. The hearing was opened to public testimony. .Iohn Potter, Stateside Investments — He is one of the proponents. He agrees with the staff recommendation. K:iPlanning Conanission�200TMceiing Sumnvtiy 03-14-0?.duc Planning Corrunission Minutes Page 2 March 14, 2007 Walty Costello, Quadru,it — He is the other proponent. He also supports the staff recommendation. He showed the Commission a preliminary site plan of Quadrant proposed development. Houses in the middle of the project are alley loaded (garages behind the houses) and the others are street loaded (garages in front). He noted the project has a wetland. He also showed the Commission a picture of front enhy homes and one of alley entry homes. Commissioner Duclos asked if this is will be warkforce housing. Mr. Costello replied they would be less than Yhe cunent market, but would not be workforce housing. Commissioner Duclos moved (and it was secondec� adoption of the amended staff recommendatian. The motion passed. Commissioner Bronson expressed concem that the public notice was not given for a change to the Public Works Development Standards (on private streets and alleys). Commissioner Carlson expressed concern about the aesthetics of small lot detached dweilings. He encourages that design standards be in place. The public hearing was closed. PUBL[C HEARING — 2006 Comprehensive Plan Amendments and BPBC Zoning Text Code Amendments Commissioner Osaki returned to the Commission_ Commissioner Duclos recused herself because she is employed by the Multi-Service Center and they own Mitchell Place, which is subject to these amendments. Ms. Clark explained that due to the complexity of these code amendments, they will be presented in stages. This evening, staff will present an introduction to the 2006 Comprehensive Pian Amendments and will discuss Chapter Two_ In addition, discussion will be held on the BPBC Zoning Text Code Amendments. The comprehensive plan and BPBC code amendments are being done in fandem because of their interrelatedness. At the Planning Commission meeting of March 21, 2007, the remaining chapters of the comprehensive plan will be discussed. Finally, at the Pianning Commission meeting of April 18, 2007, the seven citizen initiated site-specific comprehensive plan rezone requests will be discussed. 2006 Comprehensive Plan Amendments The city notified all properiy owners in the Business Park {BP) and Community Business (BC) zoning districts, as well as all property owners within 300 feet of these zoning districts. The proposed changes to these zoning districts require a change to their comprehensive plan boundaries. The BC zoning district boundaries to the north of the area proposed to be changed will remain the same. To date, the city has received no written comments and three phone calls, two of which were in favor of the proposaL The proposed changes to the BP and BC include renaming all SP, and some BC zoned iand south of South 339`�' Street, to Commercial Enterprise (CE). The BC-zoned land in this area is characterized by bulk and big box retailers, light manufacturing and warehouse uses, and convenient access to I-5 and Hwy 18. (Ms. Michaelson will discuss the specifics of the proposed CE zone during the discussion of the BPBC Zoning Text Code Amendments later this evening). One proposed change is to not allow residential in the proposed CE zone.lfiis change would make Mitcheil Piace (a senior housrng development currently located in BP) nonconforming. As a result, staff is recommending that Mitchell Place be redesignated from BP to Multifamily (RM 2400, one unit per 2,400 square feet). The majority of changes being proposed for Federal Way Corraprehensive Plan (FWCP) Chapter Two are to update demographics related to population and/or employment, in addition to some changes to reflect recent code updates (including the proposed BP/BC Zoning Text Code Amendments) and housekeeping changes. K:'�Planning Conmtissfon!2007`.Meccing Summary 03- I4-07.doc Ptanning Commission Minutes Page 3 March i4, 2007 BP/BC Zoning Text Code Amendments Ms. Michaelson delivered the staff report. The changes include uses and development regulations. Site design and development standards will be amended for height, setbacks; design guidelines, landscaping, etc. The proposed height increases are not significant, but would allow one or two additional floors. The vision for the proposed CE zone is to accommodate heavier commercial and industrial uses (such as manufacturing and warehouse uses); integrate compatible commercial, office, and retail sales and service; and continue to ensure compatibility with adjacent residentiai zones through design and developme�►�t standards. (As mentioned above, residential would not be an allowed use.) The proposed CE zone would conrinue to be the city's only industrial use zone (e.g. manufacturing, fabrication, assembly, etc.)_ The BC-zoned area would continue to be characterized as an auto-oriented commerciaUretail corridor, with an increased emphasis on mixed-use residential, pedestrian scale uses, and related amenities. For BC, ail current uses would remain, with the exception of bulk retail, truck stops, transfer facilities, and adult entertainment (all of which will be allowed in the proposed CE zone). A new use of "limited manufacturing and production" will be added. Body repair and painting shops will be allowed as principal uses, instead of accessory uses to new car sales. Gas stations will be allowed to service commercial trucks as a secondary use, although truck stops will not be allowed. (An eariier proposal to disallow tow and taxi iots was not carried forward.) In addition to the proposal outlined in the March 14, 2007, staff report, staff is recommended that the definition to big-box retail and all references to it be deieted (a handout on this proposal was given to the Commissioners). The reason for this is that the big-box retail defmition duplicates the defmition for bulk retail and could conflict. Staff noted that without this change, the Safeway on 320` Sireet would become nonconforming. The question was raised whether properties in the proposed CE zone would be allowed to have freeway commercial signs. Ms. Michaelson responded that the impact of the code amendments on freeway commercial signs needs to be researched, but a fairly simple resolution is anticipated and she will report back to the Commission on this issue next week. There are a number of amended development regulations, including changing the review process for height modification from Process III to a Director's Decision; reducing the open space for mixed-use residential from 400 to 300 square feet per dwelling unit; changes to the minimum lot size�, changes to parking for medical�dental offices; height increases; and a number of other reiated minor changes. Commissioner Osaki expressed concern that an inerease in commercial uses in the proposed CE zone will bring an increase in traffic. Why is there a decrease in the am peak hour trips? How wilt this affect the city's level of service? Mr. Perez explained that industrial uses have more morning peak hour trips than commerciallretail. With the exception of say coffee shops, peopie tend to shop, and stores tend to open, later in the day; other than this, retail uses generate more trips overalL There wil! be an impact to the city's leve) of service. Mr. Perez has not analyzed what that impact will be, but he expects the city's concurrency process to help. The hearing was opened for Public Testimony. .lesse T. Cherian, ST Fabrication, Inc. — He read a letter into the recard. He is concerned that residential' (senior housing) will be removed from the allowed uses in the proposed CE zone. He would like to have mixed-use residential allowed in the proposed CE zc�ne. His property is surrounded by residential uses. Redeveloping his property with mixed-use residentiai would allow a smooth transition between the indusfirial and residential uses. In'his letter, he stated he has spoken to a number of developers about possible development of his property and their approach would be, "...to mix re�idential and cornmercia! structures together to make the projects fiscaify viable." K:\Planning Commission\2007+Mccting Sumrnary 03-)4-02doc Planning Commission Minutes Page 4 March 14, 2007 Commissioner Pfeifer asked Mr. Cherian what he wants to do with his property. Mr. Cherian replied that at first he had planned to stay and conduct his business (which is an allowed use), but now it seems it would be better if he were to sell the property, but as stated in his letter, the developers he has talked to only want to do mixed-use projects. Commissioner Elder asked who came first to the area, residential or industrial uses. Mr. Cherian replied that the property was zoned for industrial, but there was no industrial use on the property when the residential uses were built {his business came tater). Commissioner Pfeifer stated that he had heard that there have been complaints from the neighbors about the noise level from Mr. Cherian's business, would he comrrrent? Mr. Cherian replied that he had a study done that shows the business is not vioiating any codes in regards to noise levels, but this doesn't heip the neighbors. Gils Hulsman, Christian Faith Center — He noted that on page 6 of 6 of Exhibit M, the two Christian Faith parcels are divided, leaving them with two different zoning designations. He asked the city to move the boundary line to 341s so that all of their property will be in one zone. Ms. Clark responded that having those parcels divided was not the city's intent. The city does not want to split the zoning on any parcel. She wilt ensure that the boundary line is changed. Ron On, K& Y Inc. — He spoke in support of the proposed amendments. He is planning a hotel in the area and the proposed amendments would allow for higher ceitings. He feels he would not be able to develop his property without these amendments. Rob Reuber — He expressed overall support for the proposed amendments. He has been, and continues to be, invoived with a number of development projects in the area and feels the proposed amendments will be very helpful. He commented that one of the proposed changes is to change the back setback for proposed CE zone. It would make projects easier to work with if the setbacks are kept the same. He proposes a five foot setback. He also commented that the cunent height limits are difficult to work with and supports the proposed height changes. Bob Wroblewski, Multi-Service Center, Board of Directar s.Secretary — Ms. Piety read his letter into the record. His letter expressed support for the rezone of Mitchell Place from BP to Multifamily. Commissioner Pfeifer would like to see casinos ailawed. Ms. Michaelson stated that she will research the issues raised this evening and will present the staff's comments next week. The issues include freeway profile signs, setbacks (as raised by Mr. Reuber), and garnbting uses in the CE. Staff will also work with Mr. Cherian in regards to liis options. The public hearing was continued to Wednesday, March 21, 2007, at 7:00 p.m. in the City Hall Council Chambers. ADDITIONAL BtJ511VESS None AUDIENCE COMMENT None ' ADJOURN The meeting was adjourned at 9:45 p.m. K=\Planning Comntisswn'�1007\hleeting Surtim+iy 03-14-07.doe CiTY OF FEDERAL V�AY PLANNING COMMISSION March Z1, 2007 � � � City Hall � 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Hope Elder, Dave Osaki, Dini Duclos, Bill Drake, Merle Pfeifer, Lawson Bronson, and Wayne Carison. Commissioners absent: none. Alternate Commissioners present: Kevin King, Caleb Allen, and Richard Agnew. Alternate Commissioners absent: none. Staff present: Management Services Director Iwen Wang, Deputy Community Development Services Director Greg Fewins, Senior Planner Margaret Clark, Senior Planner Lori Michaelson, Traffic Engineer Rick Perez, Parks Planning and Development Manager Betty Sanders, Assistant City Attorne Amy Jo Pearsall, and Administrative Assistant E. Tina Piety. Chairwoman Elder called the meeting to order at 7:06 p.m. APPROVAL OF MINUTES None AUDIENCE COMMENT None ADMINiSTRATiVE R�EPORT None COMMISSION BUSINESS PUSLIC HEARING, continued — 2006 Comprehensive Plan Amendments and BPBC Zoning Text Code Amendments Comrnissioner Duclos recused herself because she is employed by the 1Vlulti-Service Center and they own Mitchell Place, which is subject to these amendments. BP/BC Zoning Text Code Amendments Ms. Michaeison delivered the staff report. She responded to the suggestion raised at the last Planning Commission meeting to reduce the proposed side and rear yard setback for some uses in the proposed CE zone from t0 to five feet. After researching the issue, staff concluded that there is no compelling reason to impose greater setbacks for pedestnan scale uses in CE than currently apply in those uses BC zone. Therefore, staff recommends a five-foot setback along non-residential property lines for those uses in the CE zone. However, industrial uses would retain the 10 foot setbac�C. In response to the question raised at the last meeting about freeway profile signs, staff recommends that the sign code be changed to allow freeway profile signs in the CE zone and not in BC. This would add only three additional properties (between South 348"' Street and about South 340` Street) to those that already are allawed freeway profile signs because they are currently zoned BC, and would not impact existing BC property as it would be rezoned to CE. K: tPlanning Commission\2007�Mating Sumnwry 03-'_ I-07. doc Planning Comrnission Minutes Page 2 March 21, 2007 In regards to the ST Fabrication site owned by Mr. Cherian, staff iclentified two options: continue to allow senior housing in some or the entire CE 7one; or consider a future comprehensive plan amendment and rezone that would allow nlultifamily and/or mixed use (residentiaVcommercial) in portions of the CE zone, such as south of South 356`�' Sireet. A key concern is that residential is not contemplated in the proposed comprehensive plan and vision for CE. In order to make a change that includes residential, staff would have to reanalyze and redraft a number of comprehensive plan policies and codes, and possible re-evaluate the environmental impacts. In addition, residential use in CE would be inconsistent with the preliminary direction from the Land Use/Transportation Committee (LUTC). However, staff agrees that the BP zoned properties south of South 356"' do have unique characteristics and merit consideration of a rezone. Staff does not recommend any changes to the current proposal, but they do suggest Mr. Cherian consider pursuing a site-specific rezone request for the next comprehensive plan updates. In regards to the request at the last meeting that staff consider allowing gambling uses, staff recommends that gambling uses be allowed in the CE zone, but not the BC zone, due to the emphasis on residential in BC. No existing uses would be made nonconforming by this recommendation. 2006 Comprehensive Plan Amendments Ms. Clark detivered the staff report. Chainvoman Elder asked that staff first review Chapter Six, Capital Facilities, so that anyone in the audience who is attending just for the discussion of this chapter need not wait any longer. Ms. Clark commented that most of the proposed amendments to the comprehensive plan chapters are of a housekeeping nature. The majority of proposed changes are to update demographics related to population and employment. There are also proposed changes due to new codes and the Planned Action SEPA for the city center. There are some substantive proposed changes, which Ms. Clark went over while discussin� each chapter. Substantive changes for Chapter Six, Capital Facilities, include changes related to the proposed changes to the existing BP/proposed CE and the BC zones. In addition, language was added (policy CFP21) related to the need for structured parking in the ciry center. The Lakehaven Utility District and South King Fire and Rescue updated their sections. The boundaries for the South King Fire and Rescue were expanded because of the merger with the Des Moines fire department. The meeting was opened for public testimony on Chapter Six and there was no public testimony. Commissianer Carlson asked about the cable service map. Ms. Clark replied that the cable service map was not updated. She also noted that the city will ask Puget Sound Energy to update their section next year. Commissioner Drake asked if the proposed annexation were to happen, what impact would there be on municipal facilities? Ms. Wang replied that currently, the city has abou� 10 percent of space in City Hall that was set aside for expansion. Staff is also researching leasing space in nearby buildings if needed. There are no substantive changes in Chapter One, Introduction. Commissioner Pfeifer commented that on page 10 of chapter one, in the "Caring for Our Own" paragraph, there is no mention of community health services. He suggests the city add information on medical facilities. Ms. Clark responded that staff can update this paragraph to add medical facilities. Substantive changes to Chapter Four, Economic Development, relate to the proposed BPBC amendments. The name "Business Park" is proposed to be changed to "Commercial Enterprise." Language has been added to explain the proposed changes. In addition, language was added to state that housing is not compatible with the proposed CE type uses. Commissioner Elder asked, in regards to the ST Fabricatian site, if they were to pursue a comprehensive plan site-specific rezone, how long would the process take. Ms. Clark replied that the current comprehensive pian update is for 2004 and 2005 requests. The city will combtne the 2006 and 2007 requests and would start the process in September 20Q7. She noted that ST Fabrication can continue their operatian as a nonconforming use. Colnmissioner Pfeifer asked if the city is still involved in the South King County Technology Alliance, which is listed on page 13 under Summary of Achievements. Ms. Wang responded the Alliance is no K:\Planni�g Commissiun\200TMecting Surnnury 03�? I-U7Atu; PlannlnV� Commissian Minutes Page 3 March 21, 2007 longer active and the paragraph wi11 be deleted. Commissioner Bronson commented that he has a concern with adding language that housing is not compatible �vith the CE zone. Ms. C(ark commented that the city's vision fo� the CE zone is for heavier industriaf uses. Substantive changes to Chapter Seven, City Center relate to proposed new policies intended to stimulate development and redevelopment in the cit� center. In addition, language was added related to the need for struclured parking in the city center. Commissioner Pfeifer asked how the city plans to get pedestrians across South 320` South and Pacific Highway South. Mr. Perez noted that one of the city center maps proposes grade-separated (bridges) pedestrian crossings. This is a very expensive solution (some $3 million a piece). One reason they are so expensive is that the Americans with Disabilities Act (ADA) requires that they have an elevator on each side. Maintenance and upkeep woufd be an additional cost. A less expensive altemative would be to wait until we have taller buildings and build bridges between the buildings. Mr. Perez commented that staff is constantly working on the timing of the iraffic light signals to ailow adequate time for pedestrians, whiie at the same time not making the cars wait for too tong. In addition to text changes, there are proposed changes to the maps throughout the comprehensive plan. Most of these are formatting changes and to reflect new city limits based on the 2005 annexation. Some maps were changed in size from 11 x 17 to 8'/2 r I 1. Some maps were changed from tandscape to portrait. A new parks map was added to chapter six that shows locations of public open spaces in the city center_ The South King Fire and Rescue map in chapter six shows their expanded boundanes_ A map was added to chapter seven of the Planned Action SEPA area. The Enhanced Street Network map in chapter seven was changed to reflect recent and proposed improvements. The city center map in chapter seven was replaced and the entire city center is shown as potential location for city center pubiic spaces. The phasing concept map (1995-2010) in chapter seven was changed to reflect recent and proposed improvements. The meeting was opened for Public Testimony. Jessie Cherian, ST Fabrication — He read a prepared statement. He is not opposed to the proposed CE zoning. He agrees it would be better. He would like residential to be allowed in a particular area. Residential should not be allowed in the entire proposed CE zone. He feels multifamily structures provide a good buffer between houses and other uses. He said that the developers he has talked to have stated they would need written authorization from the city that mixed-use would be allowed on his properly before they would consider buying it. The timing for a site-specific rezone (as recommended by city staffl is a serious consideration. Like Mitchell Place, ST Fabrication is at the end of the zone and it makes sense to him that this area could have mixed-use. There was no additional public testimony. Ms_ Pearsall explained that this public hearing has several sub-topics, BPBC Zoning Text Amendments, changes to chapters of the comprehensive plan, and site-specific rezoning requests (to be discussed April 18"'). All sub-topics should move forward as a whole. The Commission could vote on the zoning text amendments, as long as the motion states approval is contingent upon adoption of the related comprehensive plan amendments. Commissioner Pfeifer moved adoption of the staff recommendation for the text amendments and comprehensive plan and it was seconded. However, Commission Osaki noted that the Commission has not discussed all of comprehensive plan and therefore, are not ready to vote upon the comprehensive plan and Commissioner Pfeifer withdrew his motion. Commissioner Carlson complimented the staff on their work and stated he feels comfortable with the direction of the BPBC Zoning Text Amendments. He agrees that housing in BP (proposed CE) is an anomaly. He suggested the staff consider the idea of allowing mixed-use residentiat in the "edges" of the proposed CE zone. He does not think it is a good idea to add mixed-use residential without additional research. K:1P13nnmg Co�r�ission�200T1�1er1inE S�mttnary Q3-'_I-07 doc P(a�ming Commission Minutes Page 4 March 21, 2007 Commission Bronson also complemented the staff on their work, but stated he does not see a problem with housing in the proposed CE zone, having lived in Ballard where there is housing and industrial uses side-by-side. The public hearing was continued to Wednesday, April 18, 2007, at 7:00 p.m. in the City Hall Council Chambers. ADDITIOiVAL BUSINESS None AUDIENCE COMMENT None ADJOURN The meeting was adjourned af 8:36 p.m. K'•�Planning Coovnissioni200TMeeting Sunmiary� 01-? I-07 duc C[TY OF FEDERAL WAY j� PLANNING COMMISSION �� April 18, 2007 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Hope Elder, Merle Pfeifer, Lawson Bronson, and Wayne Carlson. Commissioners absent: Dave Osaki, Dini Duclos, and Bill Drake (all excused). Altemate Commissioners present: Kevin King, Caleb Allen, and Richard Agnew. Alternate Commissioners absent: none. Staff present: Community Development Services Director Kathy McClung, Senior Planner Margaret Clark, Senior Planner Lori Michaelson, Contract City Attorney Amy Jo Pearsall, and Administrative Assistant E_ Tina Piety. Chairwoman Elder calied the meeting to order at 7:00 p.m. APPROVAL OF MINUTES Commissioner Bronson moved (and it was secondec� to approve the minutes of March 7, 2007, March 14, 2007, and March 21, 2007, as presented. The motion passed; no nays. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS PUBLIC HEARING, continued — 2406 Comprehensive Plan Amendments and BPBC Zoning Text Code Amendments Ms. Clark gave an overview of the issues the Commission has discussed to date. She explained that this evening the Commission wili discuss the seven site-specific rezone requests and gave an averview of those requests. Staff recommends approval of all seven requests. Chairwoman Elder expressed concem that for Site-Specific Request #2, Trimble, the City Council chose to include two adjacent parcels that were not part of the original request and the owners of those parcels have informed the City that they do not want their parcels rezoned, She doesn't think the City shouid rezone property the owners have stated they don't want rezoned. Ms. Clark replied that because of the chazacteristics of these parcels, the rezone would not be a substantiaily change; it would result in only a name change for these two parcels. Ms. Pearsall commented that if the Commission should make a decision to not include these parcels, the City would have to analyze if not including them would result in spot zoning. Commissioner Agnew asked if there would be property tax implications if the properties were to be rezoned. Ms. Clark replied that she believes that the zone of a parcel is not a factor for assessing property tax; it is based on the value of buildings (or lack thereo fl. K.\Plannirig Commission12007Urteeting Surnmary 04- I&07.doc Planning Commission Minutes Page 2 Public Testimony Apri( 18, 2007 Vilma Taylor — Applicant for Site-Specific Request #5, Taylor, She commented that she is requesting this rezone so that her properiy would no longer be nonconforming. Barbara Napier — She spoke regarding Site-Specific Request #6, Lifeway Church. She agrees with the staff recommendation and thanked the staff for their work. When asked if they want to build a church, she responded that they do want to build a church and hope to use the funds generated by subdividing the property to finance the church. Doran Reano — He lives on 54`'' Avenue SW and spoke regarding Site-Specific Request #2, Trimble. He commented that he had purchased his property because it was relatively undeveloped and he feit the area would not be built-up. He doesn't feel that the rezone would be a benefit to the neighborhood. They already receive a lot of traffic and noise in the area because of Dash Point State Park and are afraid this rezone would increase the traffic and noise. If they loose the trees between fhe neighborhood and the park, than campers and houses would be looking at each other. This part of SW 320` Street is very short and people dump their cars and garbage there. Currently, they know who drives by, but this request would change that. There is a lack of support from the City to maintain the roads in the area; they still have debris due to last winter's windstorm_ Under King CounTy the zoning was 9.5 and he feels it was zoned Suburban Estates when the City incorporated in order to preserve the area and because it is close to the Dash Point Park campsite. Cheryl Harris — Owner of one of the parcels incorporated into Site-Specific Request #2, Trimble. She agrees with Mr. Reano. Currently, they have a buffer to the park, but she fears they will lose it. When she purchased the property she was assured there would be no further building in the area. She is also concerned about the effect upon the wildlife in the area (such as eagles and owis). She asked how would people access the new homes, would 320�' be extended? , Ms. Clark replied that the City does not have a proposed site plan, but they would likely be developed as flag lots. Jessie Cherian — He is the President of ST Fabrication. He read a prepared statement that he also handed out to the Commission (attached}. He is requesting that the proposed Commercial Enterprise (CE) zone allow residential mixed-use. He stated it doesn't make sense to not allow residential mixed-use, especially for properties surrounded by residential. The ability of his business to function and grow would be stopped by the proposed CE stipulation that properties south of 356` that adjoin residential will not be allowed fabrication or manufacturing uses. The consequence is that much of the property would sit undeveloped and over the next three years, cost the company millions. The only so(ution is to move the business, but the only developers interested in the property want to do mixed-use projects. He suggests that residential mixed-use he allowed in the proposed CE zone for areas south of 356`'' that adjoin a residential zone. Their neighbors would be appeased by having a mixed-use project as a neighbor instead of steel fabrication. Cameron Smock— He is the applicant for Site-Specific Request #4, Washingtan Memorial Park. He is in favor of the staff'recommendation and thanked the staff for their work. He stated the proposed rezone does not adversely impact the property in any way. Danny Altizer — He is the Windermere agent for ST Fabrication. He stated that residential mixed-use would be the best way to market the property. He had been told that they would receive the best of both worlds with the proposed CE zone, but now the residential portion has been left out. The only interest they have received is from those who want residential mixed-use projects. K\Planning Corrnmssion�200TMeeling Sunvnaty 04� 18-07.dpc Planning Commission Minutes Page 3 April 18, 2007 Wally Gostello — He is the applicant for Site-Specific Request #I, Quadrant. He supports the staff recommendation and would be happy to answer any questians Commissioners may have. {There were no questions.) Terry Trimble — He is the applicant for Site-Specific Request #2, Trimble. The property is well-wooded, which is why he purchased it in the first place. He comes from Alaska and wants relatively rural property. . He would never strip the property of all its trees. His vision is to build a home on the back portion of his property that would not affect other properties. He has spoken to Hannah Rowe and Cheryl Harris (owners of the additional parcels) and assured them that he, Mr. Trimble, would pay any costs associated with this rezone request. There has been concem raised that four to five houses might be built as a result of this rezone and Mr. Trimbie wants to assure people that he intends to have no more than two homes on his parcel. The area is served by septic systems and that limits the number of homes that can be built. He hasn't considered the question of access. He has lived here near Dash Point Park for some 12 years and while he can hear people in the park, he cannot see them. He also commented that the amount of noise has not been a problem. He doesn't plan on spending a lot of money on this project (being retired he doesn't have a lot to spend}, and that would also limit the amount of homes built_ Cheryt Harris — She has talked to those who hold the Pawer of Attomey for Hannah Rowe (they didn't attend because they didn't think they could since they are not the property owners) and they stated that they had considered bringing water and sewer into the area. The cost would have been astronomical. It would not be feasible to bring more than one home into the area. Public testimony was closed. The Commission decided to vote separately on each aspect of the 2006 Comprehensive Plan Amendments and BPBC Zaning Text Code Amendments. Site-Specific Rezone Request #1, Quadrant Commissioner Bronson moved (and it was secondec� to recommend the City Council adopt the staff recommendation. The vote was held and the motion passed; no nays_ Site-Specific Rezone Request #2, Trimble Commissioner Pfeifer moved (and it was secondec� to recommend the City Council adopt the staff recommendarion. The vote was held and the motion passed; no nays. Site-Specific Rezone Request #3, Gramor Commissioner Bronson moved (and it was secondec� to recommend the City Council adopt the staff recommendation. The vote was held and the motion passed; no nays. Site-Specific Rezone Request #4, Washington Memorial Park Commissioner Carlson moved (and it was secondec� to recommend the City Council adopt the staff recommendation. The vate was held and the motion passed; no nays. Site-Specific Rezone Request #S, Taylor �ommissioner Pfeifer rnoved=�and it was seconder� torecomm�nd!;the City Council adopt the staff recommendation. Commissioner Pfeifer asked if Pat's Piumbing was notified of this rezone request. Ms. Clark replied that she had spoken to Pat early in the process and she would have been notif ed as part of the 300-foot notices. The vote was held and the motion passecf; no nays. K:\Planning Conmission�200TMceting Surmnary 05-I 5-07.doc Planning Commission Nfinutes Page 4 April 18, 2007 Site-Specific Rezone Reguest #6, Lifeway Church Cammissioner Pfeifer moved (and it was secondec� to recommend the City Council adopt the staff recommendation. Cammissioner Carlson commented that this parcel is in an area the City is contemplating for an area-wide rezone and he believes this request should be part of that process so that the rezone is done in a more comprehensive manner. The vote was held and the motion failed; three yes, one no. The item moves forward with no recommendation. This is a iand use Process IV review and a majority vote of the entire membership (four of seven members) is necessary to recorn�end approval of an item refened to the Cammission for Process IV review. Site-Spec�c Rezone Request #7, Waller Road IV Associates Commissioner Bronson moved (and it was secondec� to recommend the City Council adopt the staff recommendation. The vote was held and the motion passed; no nays. BP/BC Zoning Text Code Amendments Ms. Michaelson had no staff report (in addition the previous reports), but she did have a handout and overview of a proposed minor text change dealing with the location of industrial uses in the CE zone. "The proposed change affects Special Note #1 of the CE Use Zone Chart, Sections 22-861, -862, -863, and -864. It is proposed to replace the words "south of south 356` Street," with "low or medium density residential zones." The modified text more accurately reflects the code intent to protect such zones from th� impacts of industrial uses wherever they occur in the CE, not just south of South 356`'' Street. The change would still not atlow industrial uses on most properties located south of South 356` Street (except between Enchanted Parkway and I-5), so ST Fabrication would still become nonconforming. The change would also not allow indusirial uses on properties west of Highway 99 between South 348�' and 356`'' Streets. However, the effect is minimal, as most of these properties are unsuitable for industrial uses, as they are already developed or constrained by critical areas or property size..No other changes are proposed to Yhe previaus siaff recommendation, which now awaits Planning Commission discussion and action. Commissioner Bronson requested further discussion about allowing residential mixed-use (specifically senior housing and special needs) on properties south of South 356"' Street. Commissioner Carlson commented that he daes think residential mixed-use development is appropriate south of South 356`�, if adjacent to low or moderate residenrial zones. Commissioner Bronson commented that he is not happy when a use is made nonconforming. He does not see a problem with residential next to indusirial_ There would be problems and issues, but these can be worked out. Commissioner Pfeifer asked Mr. Cherian to clarify his intentions. Will he sell the property? Jessie Cherian — He stated that because of the zoning change and complaints from the neighbors, he will move the business. He needs to sell the property, but as he has stated before, the prospective buyers (they have four standing offers) want to be able to do residential mixed-use projects. Staff has suggested he seek a rezone for his property, but it would not be financially feasible for him to stay for the years this process would take. Commissioner Bronson moved (and it was secondec� to recommend the City Council adopt the staff recommendation with a modification to allow residential mixed-use on properties south of South 356`�' Street thai adjoin/abut residential zones. Commissioner Pfeifer asked would it be possible to apply the modification to just the ST Fabrication property. Ms. Pearsali repGed that the modification as proposed would do just that: Cornmissioner Carison asked what kind of density is proposed for the modification: eight units? 30 units? He asked if staff has analyzed the effects of such a change. Ms. Michaelson commented that under current BP zoning, only senior housing is allowed, with no speeific density limit. The r�levant chapters of the 2fl06 comprehensive ptan have been amended to state that residential is not contemplated in CE due to industrial and other incomparible uses. Also, SEPA review. did not eonsider residential uses. Commissioner Pfeiffer stated he thinks there shouid be a more comprehensive review of the impacts of allowing residential in the CE zone: c�ensity, developtnent regulations, etc. The vote on the modification was held and the motion failed; two yes, two no_ K:�Planning Commission�200T�tteting Summary b4-18-07.doc . Planning Comn►ission Minutes Page 5 April 18, 2007 Commissioner Bronson moved (and it was secondec� to recommend the City Council adopt the staff recammendation. The vote was held and the motion failed; three yes, one no. (The motion failed because it needed four yes votes to be approved.) This item wil] move forward with no recommendation. 2006 Comprehensive Plan Amendments — Area Wide Rezone This item is a change of the boundaries of the BC/CE zoning districts and a rezone of Mitchell Place to RM2400. Staff stated that the map had been changed to retain RM3600 zoning for the roadway parcel owned by Christian Faith Center. Commissioner Pfeifer moved (and it was seconded) to recommend the City Council adopt the staff recommendation, with the proposed change to retain RM3600 zoning for the roadway parcel owned by the Christian Faith Center. The vote was held and the motion passed; no nays. 2006 Comprehensive Plan Amendments — Chapter and Map Changes Commissioner Bronson moved {and it was secondec� to recommend the City Council adopt the staff recommendation for the compr.ehensive plan map changes for chapters 3, 8, 9, and 10. The vote was held and the motion passed; no nays. Commissioner Bronson moved (and it was secondec� to recommend the City Council adopt the staff recommendation for the comprehensive plan chapters 1, 2, 4, 6, and 7, and the table of contents. 1fie vote was held and the motion passed; no nays. The pubtic hearing was closed. ADDITIONAL BUSIIYESS The next Commission meeting is May 2"�. It will be a pubiic hearing on amendments to the Condirions of Approval for the Village at Federal Way (Kitt's Corner) project. AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 9:05 p.m. K�1Planning Cummissiont2007'+Meeting Summary OA-16-07 doc City of Fecteral Way c�ry cflun��� Land Use/Transportation Committee D �` �� p (���J � May 21, 2007 City Hall 5:30 pm City Council Chambers MEETING MINUTES In attendance: Committee Chair Jack Dovey and Committee Member Linda Kochmar; Council Member Jear►ne Burbidge, Mayor Michael Park, Deputy Public Works Director Ken Miller; Deputy City Attorney Aaron Walls, Development Services Manager William Appleton, Street Systems ManagerlDeputy Public Warks Director Marwan Salloum, Street Systems Project Engineer Brian Roberts, Senior Planner Margaret Clark, Senior Planner Lori Michaelson, Senior Planner Isaac Conlen, Deputy Community Development Services Director Greg Fewins, Community Development Services Director Kathy McClung and Administrative Assistant II Darlene LeMaster 1. CALL TO ORDER Committee Chair povey called the meeting to order at 5:30 p.m. Committee Member Dean McColgan was excused. 2. APPROVAL OF MINUTES The May 7, 2007 LUTC meeting minutes were approved. Nloved: Kochmar Seconded: Dovey Passed: Unanimously 3. PUBL[C COMMENT There was no public comment. 4. BUSINESS ITEMS A. Pacific Hi�hwav S HOV Lanes Phase III — Qwest Agreement for Joint Construction and Statement of Work Brian Roberts provided the background information on this item. There was no discussion. B. Pacific Hiehwav S HOV Lanes Phase III — Lease of Citv Propertv for Construction Field Office Brian Roberts provided the background information on this item. There was no discussion. C. Public Storage Easement Use Agreement William Appieton provided the background information on this item. There was no discussion. Moved: Kochmar Seconded: Dovey Passed: Unanimousty Committee PASSED Option 1 for items A, B, and C on to the June 5, 2007, City Council Consent Agenda for approvaL D. Aspen Properties Street Frontage Improvement Development A�reement William Appleton provided the background information on this item. There was no discussion. Moved: Kochmar Seconded: Dovey Passed: Unanimousty Committee PASSED Option 1 as amended by staff to the June 5,'2007 City Council Consent Agenda for approval. Staff revised the construction costs to $109,420 plus a 10% contingency of $10,440 for a total amount of $120,360. E. Repuest to Amend the Rezone Conditions for the Village at Federal Way�Kitts Corner� Margaret Clark provided the background information on this item. There was no public comment on this item. Committee Member Kochmar asked for confirmation on the size of the anchor buildings as well as an example of who may be an anchor business. Ms. Clark answered that the recommendation is to increase the totai size of the anchor buildings from 100,000 square feet to 140,000 square feet. The maximum footprint of the anchor buildings will be increased from 50,000 square feet to 80,000 square feet. An anchor building can be up to two stories, thus making it. possibie to reach the 140,000 square foot maximum with just one anchor building. Possible anchors couid be a grocery store; there have been no potential anchors identified at this time. Committee Chair povey asked about the width to depth ratios of the buildings. Ms. Clark responded that under existing conditions, buildings may not exceed a 1.5:1 width to depth ratio. Those buildings that are 1.25:1 are also satisfied through this requirement. Council Member Burbidge asked for clarification of "non-integrated parking". Ms. Clark explained that integrated parking would be part of the building and that the footprint of the parking could exceed the footprint of the building and also took the opportunity to remind G:\LUCCU,UTC Agendas and Summaries200T05-2k07 LUTC Minutes.doc Land Use/Tra�sportation Committee Page 2 March 12, 2007 staff and Council Niembers that the illustrations in her presentation were concepttial in nature only. Council Member Kochmar asked if the deve[opment to the "Kitt's Corner" area to the west of Pacific Highway S will be low-income housing. Ms_ Clark responded that the developer is looking at an up-scal� zero-lot-line development. Moved: Dovey Seconded: Kochmar Passed: tJnanimously Committee PASSED Option 1 to the June 5, 2007, City Council Agenda (or tirst reading of the Ordinance as amended back to staff s recommendation of the anchor facades not to exceed a width to depth ratio of 1.25:1. F. Shoreline Master Pro rQ am U�date Isaac Conlen provided the background information on khis item. A PowerPointpresentation was given by Kent Hale and Teresa Vanderberg from ESA Adolfson, the consultant on this project. The presentation highlights the changes being proposed to the Shoreline Master Program Update. If approved by Council, the revisions wili go to the Department of Ecology for review, and then come back to the City Council adoption. Public Comment: Chris Holden, Lakota Beach area, Federal Way. Ms. Holden wanted to point out a discrepancy in Lakota Beach area of the map. Ms. Holden thought that "urban conservancy" was to be changed to "residential shoreline "; however, the map did not reflect that change. Mr. Hale responded, apologizing for the maps small print and poor detail, but that the map should reflect this change from urban conservancy to residential shoreline. Mr. Conlen also concurred that a short section of the Lakota waterfront was changed to residential shoreline, but the remainder of the shoreline is unchanged per the Planning Commission recommendation. Committee Chair povey asked about the specific changes being made to the Shoreline Master Program. Mr. Conlen reiterated that a brief synopsis of these changes were addressed in the PowerPoint presentation and that he and the consultants woutd answer any further questions he or the other Gouncil members have. Committee Member Kochmar asked about non-conforming uses. Mr. Conlen stated that if a non-conforming structure is destroyed, the current Shoreline Plan states that the structure may only be re-built to its original size at its original location if the replacement costs are less than 75% of the existing value of the structure. This requirement is very restrictive. The Pianning Corrunission proposes that this be changed to eliminate the value stipulation thereby allowing a non-confornung structure may be replaced if destroyed to its original size at the original location, regardless of reconstruction costs vs. original value_ Public Comment: Peter Townsend, 29508 12` Avenue SW, Federal Way. Mr. Townsend questions the definitions of "streams" and "wetlancls ", claiming the definitions are not consistent with each other. He would like the City to address the four types oJstreams and the four rypes of wetlands. Under State guidelines, if the Ciry cloesn 't conform to these definitions, then it is Mr. Townsend's opinion that the City needs to give an explanation as to why we are not conforming. Ms. Vanderberg clarified that the State has a four-tiered rating system and that the City is only required to bring current criticat areas into the Shoreline Master Program. The City's definition for "wetland" is consistent with the State's definition. The City does not have any streams which quality as shoreline. If wetlands are associated with a lake or larger body of water, the wetlands quaiify as shoreline: Mayor Park asked if Camp Kilworth is designated as natural shoreline. Mr. Conlen responded that Camp Kiiworth is defined as urban conservancy. Committee Chair povey asked about what changed would be made to the stringline setback. Mr. Conlen explained that there is currently a 50-foot setback. Example: a home could be built on a vacant lot where there exists a home on either lot adjacent to the vacant lot. A stringline would be made between the two existing homes. The new home on the vacant parcet could be built to the same setback as xhe stringline. The standard 50-foot setback, however, couid be reduced to no more than a 35-foot minimum On the other extreme, if two existing homes on either side of a vacant parcel were set back a greater amount (ie. 150 feet), the new home would not have to follow the stringline theory and meet a setback of i 50 feet. The proposed language eliminates the requirement to meet the stringline setback when adjacent shuctures are set back more than 50 feet. Council Member Burbidge wanted to clarify that the minimum setback is 30 feet, not 35 feet. Mr. Conlen concurred that the correct minimum setback is 30 feet. Council Member Burbidge also wondered what kind of accessory structures can lie within the 50-foot setback. Mr. Conlen stated that accessory structures, such as a garden shed, boat house, ete. may not exceed 300 square feet combined. Larger struchues need to be located outside of the setback area. Moved: Kochmar Seconded: Dovey Passed: Unanimously Committee PASSED Option 1 to the June 5, 2007, City Council Agenda for adoption of the Resotution with the understanding that the minimal setback is corrected from 35 ft. to 30 ft. G:�LUTC�LUTC Agendas and Sununaries 2007\OS-21-07 LUTC Minutes.doc. Land Use/Transportation Committee Page 3 March 12, 2007 G. 2006 Comnrehensive Plan Amendments — Chapter Two and Area Rezone Related to Chan ing Boundaries of BP/CE and BC Zones Margaret Clark provided the background information on this item. There was no public comment. Committee Member Koctunar asked if action wouid or wouldn't be taken at this time. Ms. Clark confirmed that action will be delayed until it can be taken on all of the Comprehensive Plan. Committee Chair povey asked for explanation on the BP/CE zone and what will now be included/excluded in this zone from what it was up to this point Ms. Clark answered that Ms. Michaelson will be answering that question directly in her presentation of the next item. The remaining 2006 Comprehensive Plan Amendments will be presented at the June 4, 2007 Land Use Transportation Corrunittee meeting with all recommendatioris being forwarded to the June 19, 2007 City Council Agenda. No action taken. H. Zoning Text Amendments: $P/CE and BC Lori Michaelson provided the background information on this itern. Public Comment: Jesse Cherian, ST Fabrication, Federal Way. Mr. Cherian stated that he has appeared at every meeting on this zoning issue since March 14, 2007. He is requesting a text amendment to the proposed CE zone to allow mixed-use residential/commercial for all properties south of S 356`" Street, between SR 99 and SR 161, which also abut a residential zone. Mr. Cherian realizes that with the proposed Comp Plan amendments. ST Fabrication would become a nonconforming use. As a businessman, Mr. Cherian would not be able to grow his company. Because of the restrictions that tivould now be imposed, selling his parcels to another developer would be extremely difficult. Amending the text of the CE zone to allow mi,red-use residential woulct provide more options for developers, thus making his land more attractive to patential buyers. Committee Member Kochmar asked if Mr. Cherian had thought to request a code amendment this coming year that would allow him to continue operating in this location. Mr_ Cherian explained that he has acquired adjacent land to expand his current business. Without expanding and generating more business, he will be unable to afford his current mortgage. With the proposed text change, he would be unable to expand. Stan Brown, S 359` Street, Federal Way. Mr. Brown has resiciecl in Federal Way for 35 years on property that abuts the ST Fabrication site. ST Fabrication has had a huge impact on his quality of life. The fabrication business is extremely noisy. Mr. Brown compared it to the sound of a mortar round. He has met twice with Kathy McClung, hoivever, not much could be done as Mr. Cherian was within his right to operate his business as the current land use zones allow. A neighbor was so overwhelmed with the noise that he actually abandoned his home without selling it. The home is still on the market as no one will purchase it due to the close vicinity of the fabrication business. Mr. Brown would like to see Mr. Cherian 's request granted for mixed-use residential to be allowed in this specific location of the proposed CE zone. Committee Chair povey then summarized what he heard both Mr. Brown and Mr. Cherian say. There appears to not be a buffer zone between the residential neighborhood and the CE zone. If this area south of S 356`� were mixed-use residential, it would serve as a buffer zone. Council Member Burbidge commented on whether "live-work" projects for artists had been thought of as a way to develop this particular area. Mr. Cherian has considered this option; if mixed-use residential were allowed, he could decide to relocate his fabrication business to an appropriate location and re-develop this land himseif. Council Member Burbidge is interested in comments from staff on "live-work" projects. Committee Chair povey inquired on the amendment regarding parking lot spaces for medical and dental offices. At this time, medical and dental offices are not distinguished from general office. The current requirement for general office is one parking stall per 300 square feet of building gross floor area. The text amendments would increase the number of stalls for medical and dental offices to one stall per 225 square feet. Committee Chair povey asks how much more this would cost the developer to increase the number of staiis, for example, for a building 10,000 square feet. Discussion on tiiis quesrion followed, and staff will bring information to the next. LUTC meeting. Cornmittee Chair povey aiso asked about building height for mixed use. The height for mixed use will go from 35 feet to 55 feet with the proposed text amendments. Is 55 feet high enough and why don't we go higher? Ms. Michaelson expiains that the thought behind the amendment is to encourage mixed-use but not distract from development of the "downtown" city center. The highest buildings should be in the downtown core. Committee Chair povey would like to see the limits increased where ailowed. Ms. Michaelson stated that a significant height increase would be subject to view corridor analysis, Comp Plan amendments and SEPA; not that the City wouid not like [o go there, but there a lot of factors to look at. Chair povey feels that more "view corridor" results in increased tax revenues. How high can the City allow without a study as he does not want to see the City set its_ standard too low. Ms. Michaelson stated that staff will come back later to revise this when necessary. Committee Member Burbidge is also interested in what is the "right" height. She wants to make sure that whatever the height, there is also space between buildings, open spaces and "public" view. G:ILUTQI,UTC Agendu and Sumrnanes 2007\OS-2f-07 LUTC Minutes.doc Land Use/Transportation Committee Page 4 March 12, 2007 Committee Chair povey fee(s that Mr. Cherian and Mr. Brown's comments have merit and he would like To see consideration given to their request. Ms. Michaelson stated fhat it couid be considered for the limited properties mentioned but is not recommended for all of the CE zone. Between SR 99 and SR ibl, south of S 356`� Street is close to residential, critical areas, etc. Ms. McC(ung added that mixed-use residential in this area is not objectionable, however, within the entire CE zone woutd not work_ Up until the present, staff has not been considering individual sites in this city-wide project. Coimmlttee Member Kochmar suggests that text be amended in the CE zone to allow for the parcels shaded in green on the map shown in Ms. Michaelson's presentation (west of SR 99 and south of S 356` St, between SR 99 and SR 16i) to have mixed-use residentiaUcommerciaL How wouid it be shown in the Comp Plan? Ms. Michaeison expiained that language in the Comp Plan would be modified to set the policy framework for this use. All text amendments would be contingent of adoption of the plan amendments. Moved: Kochmar Seconded: Dovey Passed: Unanimously Committee PAS5ED Option 1 to a future City Council Agenda for �rst reading of the Ordinance as amended to inclade mixed-use residentiaUcommercial for property south of S 35b� Street, between SR 99 and SR 161, contingent on approval of the Comprehensive Plan.. 5. FUTURE MEETING The next regular meeting is June 4, 2007_ 6. ADJOURN The meeting adjourned at 7:45 p.m. G:\LIJTCILUTC Agendat and Summaries 2007105-?I-07 LUTC Minutes.doc