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Planning Comm PKT 09-17-2008 September I 7, 2008 7 :00 p.m. City of Federal Way PLANNING COMMISSION City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. ROLLCALL 3. APPROVAL OF MINUTES September 3, 2008 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS . PUBLIC HEARING Commute Trip Reduction Plan . PUBLIC HEARING Outdoor Storage Containers Code Amendment 7. ADDITIONAL BUSINESS 8. AUDIENCE COMMENT 9. ADJOURN Commissioners Merle Pfeiftr, Chair William Drake Wayne Carlson Sarady Long Tim O'Neil (2"d Alternate) Hope Elder, Vice-Chair Lawson Bronson Tom Medhurst Kevin King (1" Alternate) City Staff Greg Fewins, CDS Director Margaret Clark, Senior Planner E. Tina Piety, Administrative Assistant 253-835-2601 K\Planning Commission\2008\Agenda 09-17-08.doc www.citvoffederalwav.com CITY OF FEDERAL WAY PLANNING COMMISSION September 3,2008 7:00 p.m. City Hall Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Bill Drake, Lawson Bronson, Wayne Carlson, Tom Medhurst, . and Sarady Long. Commissioners absent: none. Alternate Commissioners present: Tim O'Neil and Kevin King. Alternate Commissioners absent: none. Staff present: Community Development Services Director Greg Fewins, Senior Planner Margaret Clark, Deputy City Attorney Aaron Walls, and Administrative Assistant E. Tina Piety. Chairman Pfeifer called the meeting to order at 7:00 p.m. ApPROVAL OF MINUTES The minutes of April 23, 2008, and June 18, 2008, were approved. AUDIENCE COMMENT None ADMINISTRATIVE REpORT Mr. Fewins informed the Commission that the Community Development Services bi-annual budget has been forwarded to the City Manager. The City Manager will make a recommendation to the City Council. He stated that the terms for three of the Commissioners expire September 30,2008 (Merle Pfeifer, Bill Drake, and Sarady Long). The deadline for applications is September 26, 2008. Commissioner Drake will not seek reappointment. The next Planning Commission meeting will be September 17, 2008. There are two items on the agenda: Federal Way Commute Trip Reduction Plan and Outdoor Storage Containers Code Amendment. COMMISSION BUSINESS PUBLIC HEARING - Portable Signs Code Amendment Ms. Clark delivered the staff report. This amendment would allow portable signs meeting certain requirements to be allowed within the public right-of-way, in addition to government signs, which are the only signs presently permitted. This will be followed by more in-depth code amendments to allow signs general access to the right-of- way with reasonable restrictions. The future amendments will involve creating a stakeholders group of interested citizens. Ms. Clark explained the current code for signs and the right-of-way and the proposed amendments. The purpose of the code amendments is to: protect public infrastructure and property within public rights-of-way and promote traffic and traveler safety. Signs would be allowed in the right-of-way based on the following conditions: 1. Signs may not be affixed to the ground, by stakes or other means, nor attached to objects, such as stop signs or utility poles. 2. No more than two signs are allowed per person, event, or business. 3. Signs may not exceed six square feet per sign face. 4. Signs may not exceed 36 inches in height. K:\Planning Commission\2008\Meeting Summary 09-03-08.doc Planning Commission Minutes Page 2 September 3, 2008 5. Signs are only allowed between the hours of I 0:00 a.m. and 3 :00 p.m. and must be removed every day. 6. Signs shall not be located on the travelled portion of a roadway, in parking lanes, on sidewalks, in bicycle lanes, or placed in a manner that interferes with vehicle, bicycle, wheelchair, or pedestrian travel or views. 7. Signs shall not be located in street medians or in street side planter strips. The meeting was opened for public testimony. Diana Noble-Gulliford - She presented the Commission with a letter. She has lived in Federal Way since 1970. Is a Realtor and is president ofthe Historical Society of Federal Way. The Historical Society would like to place signs that would direct people to the Historical Cabins during the times they are open. The proposal would allow only two signs to direct people to an open house and/or event. Due to the street configuration in many of Federal Way neighborhoods, two signs would not be adequate to direct traffic; they would need six or more. She commented that nine out of ten people come to an open house because of the signs. The proposed hours of I 0:00 to 3 :00 are not practical. Many open houses are held from 12:00 to 5:00. She encouraged the Commission to increase the number of signs to at least six, change the hours from IO:OO to 9:00, and to allow organizations to place signs reminding people to vote. Marylyn Gates - She understood the code amendment was to be about A-board signs, not any portable sign. She asked that the amendment address only A-board signs and not any portable sign. Two signs are not adequate for an open house. The standard size for A-board signs is 24 x 24 inches and she suggested this size be made the standard size in the code. The hours are inadequate. She suggested the hours be dawn to dusk. SeaTac allows signs seven days per week from dawn to dusk and she encouraged Federal Way to do the same. She asked if those in the audience who opposed the proposed amendment in its current form would please stand and the entire audience stood up. Lori De Vore - She commented that this is a very important issue for the sellers. Two signs to advertise for an open house are not adequate because many neighborhoods have twists and turns. She also feels the proposed hours are inadequate. She also requested that A-boards be allowed in the planter strip if there is room. They are light and would cause no damage. Commissioner Bronson pointed out that the restriction to two signs is only for signs in the public right-of-way. The code currently allows, and would continue to allow, IO signs in the private right-of-way. Debra Snoey - She is a resident of Covington and runs a Windermere office in Federal Way. She is aware that many times codes are arrived at because of abuses. She encouraged the Commission to not base their decision on abuses. She feels this is a consumer-rights issue. Adequate signage for open houses will help citizens. Dean Cruff - It is crucial for sellers and buyers to get homes sold and adequate signage is a part of that. Jerrie Lottes - She has lived in Federal Way since 1987. She thanked the Commission for listening to the views of the audience. Our sellers depend upon us; especially in today's economy. Signs are critical to getting homes sold. The hours are inadequate. She suggests six signs and I 0:00 to dusk. Charlotte Carper - She is a managing broker for Prudential and supports six signs and hours of dusk to dawn. Judi Hodge - She agrees with what has been previously said. Angela McGregor - She thanked the Commission for reviewing the code. Agents usually place signs on the street corners and more than two signs are needed to do the job adequately. Selling homes helps the City's tax revenue and more signs will sell more homes. K:\Planning Commission\2008\Meeting Summary 09-03-08.doc Planning Commission Minutes Page 3 September 3,2008 Melody Stumpf-She is with John L. Scott and has been a Realtor since 1995. She agrees with what has been said. Recently she showed a house that needed 10 signs in order to adequately direct people. (She would much prefer to deal with just two signs, but may need up to I 0.) She noted that there are a number of businesses and people involved with selling a home, in addition to the buyer and seller. Terri Schrut - Agrees with what has been said. Mary Ann Donne - Agrees with what has been said. Suggests signs be allowed starting at 9:00 a.m. Sheri Smukalla - Signs need to be in the public eye. Jennifer Star- Agrees with what has been said. Bob Almeda - Manager with Prudential NW. Currently, there is no legal area signs can be placed along 320th and 312th streets. He suggests six signs and hours of dusk to dawn. Joanne Rubin - She commented that the City would receive tax revenues from homes that are sold. New owners also tend to make changes to their home, thereby generating even more tax revenue and putting others to work. Sam Pace, South King County Association of Realtors - He handed out a packet of material to the Commissioners. This material had been given to the City Council earlier. It includes proposed language for the proposed code amendment. He stated that the current code allows 10 signs, but with the increased code enforcement, it works out to no signs. The proposed code language states two signs, "per business." It is unrealistic to expect the business of say John L. Scott to operate with only two signs allowed for open houses. The City Council is concerned with a concentration of signs, but the restricted hours will lead to a concentration of signs. This amendment limits speech by limiting signs and hours they may be displayed. The City Council envisioned a three step process, with the first step being a "quick" amendment to allow A-board signs. He suggested the amendment be changed from all portable signs to just A-boards. The right-of-way is a public forum. He is asking that it be given back to the public by allowing signs to be placed in the right-of-way. Signs help people sell homes quickly, which is needed in this economy. Lisa Cooke Tinsley - She works for Prudential. She feels the code should also apply to political signs. They should have to follow the same laws. Scott Collins - He has had signs pulled this year and feels it is a waste oftime for him and City employees. Dan Wingard - Agrees with what has been said. This is a great City and wants to be known as serving the community. The suggested changes to the code will do that. An email from John W. Jocobi was distributed to the Commissioners. Commissioner Bronson commented that it appears people have been in violation of the sign code in the past because of confusion of what is and is not allowed. Mr. Fewins commented that the City has developed a handout with a graphic showing the area of the public and private right-of-way and where signs can be placed. Commission Bronson stated that he has a problem with defining the hours as from dawn to dusk because it is imprecise. Sunrise to sunset has a quantifiable limit and he would prefer that the term sunrise to sunset be used instead of dawn to dusk. K:\Planning Commission\2008\Meeting Summary 09-03-08.doc Planning Commission Minutes Page 4 September 3, 2008 Mr. Fewins commented that the City choose the hours IO:OO to 3:00 because employee hours are until 5:00 and it would be difficult to pick up illegal signs and deliver them to City Hall before 5:00 if the hours went later than 3:00. Commissioner Long noted that there is no distinction in the proposed amendment between real estate signs and those of other businesses. Mr. Fewins replied that is correct. The City must be fair to all and the amendment would apply to all businesses in the City. Commissioner Carlson commented that there seems to be a feeling among audience members that the City is taking away the number of signs they can display for an open house. This is not the case. If this amendment were to be approved, they would still be allowed the 10 off-site signs and lon-site sign they are currently allowed and in addition will be allowed 2 signs on the public right-of-way, for a total of 13 signs. He would not want all businesses in the City to be allowed six signs in the public right-of-way. He feels the size stated in the proposed amendment is fine because some businesses may want signs larger than those typically used by real estate agents. He feels the hours of sunrise to sunset would be appropriate. Signs should not be allowed in the planter strip for pedestrian safety. Commissioner Elder commented that she sympathizes with the audience. She was once a Realtor and she would place her Saturday open house signs on Friday evening. She opposes more restrictions and believes the industry can police itself. In regards to political signs, the City treats them the same as all signs. She had a number of her political signs removed until she learned the proper place to put them. She agrees that it can be difficult to find houses in some ofthe City's neighborhoods. She feels the comments made are common sense, but the proposed amendment affects more than just real estate signs. Commissioner Drake commented that more regulations do not necessarily solve problems. Does the City have statistics for how many sign violations occur? Are they industry specific? Mr. Fewins responded that the City does not have those statistics, but he can say that recently, City employees picked up 90 signs in one day (not all were real estate signs). Enforcing the code is a secondary duty for employees, with the main duty being building inspections for example. The City does respond quickly to safety.violations. Commissioner Bronson commented that he feels the proposal limits business to two signs. It is not realistic for agents to ask people to place signs on private right-of-way. He has no objection to allowing more signs in the public right-of-way as long as there are no safety problems. Rhonda Sims - She commented on the graphic provided to show where signs can and cannot be placed on the right-of-way (utility corridor). She said it makes sense on paper, but is difficult to figure out in the real world. Sam Pace, South King County Association of Realtors - He commented that the history with the City has been that at first signs were allowed in the right-of-way; now they are not. He is concerned that the language in the proposed amendment says, "per business," which could be taken to mean only two signs for an entire real estate business. He stated that in some areas, access to property outside of the right-of- way does not exist. He feels this amendment could create a liability by limiting speech. He suggests no limit to the number of signs allowed on the public right-of-way and to regulate them by stating what is not allowed, such as not attached to trees, telephone poles, etc.; not blocking the sidewalk, driveways etc.; and not a safety problem. He supports hours of sunrise to sunset only if an agent is on site. The South King County Association of Realtors could police the sign program by educating brokers by letter (and they do respond to letters from the Association). If the City proposes a reasonable sign code with fines (as described above), they would support it. Alisha Little - She owns a tanning salon along Pacific Highway South and complained that even though her sign is on private property, it is still picked up. K:\Planning Commission\2008\Meeting Summary 09-03-08.doc Planning Commission Minutes Page 5 September 3, 2008 Commissioner Long asked what the implication to the City is if a business places a sign illegally and someone gets hurt. Mr. Walls replied that generally, if the City is unaware of a problem, then the City is not liable. Commissioner Drake asked if freedom of speech is an issue. Mr. Walls replied that the City may regulate as long as the City is neutral and consistent. Commissioner Carlson moved (and it was seconded) to adopt the staff recommendation with the addition of a definition of the term "open house" to be prepared by staff and the following amendments (indicated by double underline and strike-out): 22-1599 Permits. (d) Permit exceptions. (2) Exempt signs. A sign permit is not required for the following signs or modifications to signs; provided, however, that such signs shall comply with all of the following requirements: cc. Portable signs located in the 1Jublic right-of-wav subiect to the following standards: I. Signs shall not be affixed to the ground. including through the use of stakes or other means that mav damage property: ii. No more than two signs shall be allowed per business or event. and no person (including anv agent thereof) may have more than two signs at anv one time. exceot that eieht ooen house sims mav be oermitted oer business. event. or aeent iii. Sign area shall not exceed six square feet per sign face @t! nor 36 inches in height: IV. Signs shall be allowed onlv between tft@ hlHtrs sf 19:'H~ a.m. and 3 :QQ f).m. sunrise and sunset and must be removed each day: v. Signs shall not be placed on or attached to other obiects. including but not limited to buildings. structures. trees. olants. utility poles. utility boxes. utility equipment. or other signs of any type: VI. Signs shall not be located on the travelled portion of a roadway. in parking lanes. on sidewalks. in bicycle lanes. or placed in a manner that interferes with vehicle. bicycle. wheelchair. or pedestrian travel or views: and VII. Signs shall not be placed in street medians or street side planter strips. Alternate Commissioner King suggested that open house signs be called real estate open house signs. Commissioner Elder commented that there are different kinds of open houses (such as for day cares) and the City needs to include all businesses in the proposed amendment. Commissioner Medhurst expressed concern regarding #vii. A street side planter strip may be the only available place to put a sign. The Commission voted by a show of hands. There were three no and four yes; the motion passed. Chair Pfeifer commented that if there are no objections, the public hearing on the proposed portable Signs Code Amendment will be closed. There were no objections and the public hearing was closed. ADDITIONAL BUSINESS None K:\Planning Commission\2008\Meeting Summary 09-03-08.doc Planning Commission Minutes Page 6 September 3, 2008 AUDIENCE COMMENT Dorothy Long - She commented that at one time she followed the man who picks up signs. She said he has a issue with Realtors and it shows. This is Commissioner Drake's last Planning Commission meeting. He has been with the Commission for 10 years (he started and ended with a sign code issue). He has enjoyed being on the Commission, but he needs to free up more time since his work takes so much of his time. He thanked the City staff for all of their hard work. Chair Pfeifer thanked Commissioner Drake from the entire Commission for all of his hard work. He will be missed. ADJOURN The meeting was adjourned at 9:00 p.m. K:IPlanning Commission\2008\Meeting Summary 09-03-08.doc ~ CITVOF ~ Federal Way MEMORANDUM September IO, 2008 To: Merle Pfeifer, Chair, City of Federal Way Planning Commission FROM: Rick Perez, P.E., City Traffic Engineer Margaret H. Clark, AICP, Senior Planner SUBJECT: Federal Way Commute Trip Reduction Plan MEETING DATE: September 17,2008 I. BACKGROUND Pursuant to RCW 37.70. 70A, every comprehensive plan must include the following six elements at a minimum: land use, housing, capital facilities plan, private utilities, transportation, and economic development. Chapter 3 is the transportation element of the Federal Way Comprehensive Plan (FWCP) and Commute Trip Reduction (CTR) is included in this chapter. Federal Way adopted its comprehensive plan in 1995 and updated it in December 1998, December 2000, November 200I, March 2003, July 2004, June 2005, and July 2007. The Growth Management Act (GMA) limits plan updates to no more than once per year, except under the following circumstances: 1. The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea; 2. The adoption or amendment of a shoreline master program. 3. The amendment of the capital facilities element ofa comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget. The CTR Plan, although included in Chapter 3, "Transportation," is a separate functional plan. Functional plans, can be adopted on a separate tract from the comprehensive plan; however, they must be included in the next annual comprehensive plan update subsequent to their adoption. II. COMMUTE TRIP REDUCTION PLAN Washington State's Commute Trip Reduction (CTR) Law was adopted by the 1991 Legislature and incorporated into the Washington Clean Air Act as RCW 70.94.521 through 70.94.551. Its intent is to improve air quality and reduce fuel consumption and traffic congestion through Planning Commission Memorandum Federal Way CTR Plan September 10, 2008 Page I employer-based programs by encouraging the use of alternatives to single occupant vehicles (SOV) for the commute trip. The law requires that all major employers, both public and private, who employ IOO or more full-time employees who are scheduled to arrive at a single worksite between 6:00 a.m. to 9:00 a.m. to make a good faith effort and to develop plans and programs to reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SOV) commute trips. Currently, the following employers within the City are affected by the CTR Law: I. Berger/ ABAM Engineers, Inc. 2. City of Federal Way 3. Finance Pacific Leasing 4. Saint Francis Hospital 5. United State Government Postal Services 6. World Vision 7. Weyerhaeuser Company (five sites) The City of Federal Way adopted the CTR ordinance in 1993 and in 1999 revised the ordinance to be consistent with the state CTR guidelines. The CTR section of FWCP Chapter 3, "Transportation," incorporates a significant amount of the state CTR law. In 2006, the Washington Legislature adopted changes to the CTR law. As part ofthese changes, the law requires cities to prepare a new CTR plan and set new goals and adopt an ordinance consistent with the new rules and guidelines developed by the state. On July 2007, the City submitted a draft local CTR plan to the Puget Sound Regional Planning Council (PSRC) for review. The plan was forwarded to the state by PSRC and approved by the state CTR board in February 2008. The Federal Way CTR Plan is a collection of City-adopted goals and policies, facility and service improvements, and marketing strategies about how the City will proceed in meeting the established goals over the next four years. The goals of the Federal Way CTR Plan are as follow: . Reduce drive alone trips by 10 percent and vehicle miles traveled by 13 percent among major work sites. Please see Exhibit "A" for the June 2007 Commute Trip Reduction Plan. . Develop CTR Plans integrating CTR law with local, regional, and state transportation and land use planning. The local CTR plans must be approved by PSRC and the state CTR board. III. COMPREHENSIVE PLAN AMENDMENTS As discussed in Section I, Background, of this report, no changes are being proposed to FWCP Chapter 3, "Transportation," at this time. The CTR Plan will be incorporated in to the comprehensive plan during the next comprehensive plan update, which is presently underway and anticipated to be completed by the end of the year. Planning Commission Memorandum Federal Way CTR Plan September 10, 2008 Page 2 IV. REASON FOR PLANNING COMMISSION ACTION Pursuant to Federal Way City Code (FWCC) Chapter 22, Article IX, "Process VI Review," the role of the Planning Commission is as follows: 1. To review and evaluate the requests for comprehensive plan amendments; 2. To determine whether the proposed comprehensive plan amendments meets the criteria provided by FWCC Sections 22-529 and 22-530; and 3. To forward a recommendation to the City Council regarding adoption of the proposed comprehensive plan amendments. The CTR Plan is being presented to the Planning Commission because it is part of the comprehensive plan and any CTR amendments would be incorporated into a future update of the comprehensive plan. V. PROCEDURAL SUMMARY 7/30/08 Issuance of Determination of Non significance (DNS) pursuant to the State Environmental Policy Act (SEP A) 8/13/08 End of SEP A Comment Period 8/27/08 End of SEP A Appeal Period 9/17/08 Public Hearing before the Planning Commission VI. COMPLIANCE WITH FWCC SECTIONS 22-529 AND 22-530 I. Section 22-529. Factors to be Considered in a Comprehensive Plan Amendment - The City may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan. (1) The effect upon the physical environment. Adopting a new CTR Plan is a non-project action and would have no effect on the physical environment. Furthermore, no development is proposed in conjunction with the adoption of the Plan. (2) The effect on open space, streams, and lakes. See response to above criterion. (3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods. Implementation of a CTR Plan may impact land use patterns and neighborhoods by encouraging higher density and location of businesses within the City Center, where higher levels of transit services are offered. Planning Commission Memorandum Federal Way CTR Plan September 10, 2008 Page 3 (4) The adequacy of and impact on community facilities, including utilities, roads, public transportation, parks, recreation, and schools. Implementation of a CTR Plan, by encouraging car and van pools and increased transit ridership, will help reduce the demand on state, regional, and local streets. This in turn helps to reduce the need to expand the roadway system. (5) The benefit to the neighborhood, city, and region. Implementation of a CTR Plan has many benefits to the neighborhood, city, and region. Increasing the availability of transit will benefit the older segment of the population who may be driving less. Use of carpools and vanpools will also reduce energy use and reduce the need for improvements and expansions to the roadway system. In addition, by reducing the demand for automobiles, the CTR Plan will reduce air pollution. (6) The quantity and location of land plannedfor the proposed land use type and density and the demand for such land. Adopting a new CTR Plan is a non-project action, which will not in itself affect land uses. However, implementation of the Plan may encourage higher density where higher levels of transit services are offered. (7) The current and projected population density in the area. See response to Number 6, above. (8) The efftct upon other aspects of the comprehensive plan. The CTR Plan is incorporated in FWCP Chapter 3, "Transportation." However, no changes are being proposed to this chapter at this time. The CTR Plan will be incorporated into the comprehensive plan during the next comprehensive plan update, which is presently underway and anticipated to be completed by the end of the year. 2. Section 22-530. Criteria for Amending the Comprehensive Plan - The City may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare. Adopting a new CTR Plan bears a substantial relationship to public health, safety, or welfare in a number of ways. The CTR Plan benefits all segments of the population, including those without cars and the older segment of the population who may be driving less. Use of carpools and vanpools will also benefit the environment by reducing energy use. In addition, by reducing the demand for automobiles, the CTR Plan will reduce air pollution. It will also benefit all levels of government by reducing the need for improvements and expansions to the roadway system. AND (2) The proposed amendment is in the best interest of the residents of the city. Please see response to Number I, above. (3) The proposed amendment is consistent with the requirements of RCW 36. 70A and with the portion of the city's adopted plan not afftcted by the amendment. Planning Commission Memorandum Federal Way CTR Plan September 10, 2008 Page 4 Adopting of a new CTR Plan is consistent with RCW Chapter 36.70A.020(3), which lists the transportation goal of encouraging efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans. It is also consistent with Section 3.4, "Transportation Demand Management (TDM)," of FWCP Chapter 3, which includes goals, policies, and strategies, such as telecommuting and compressed work week, in addition to commuter reduction to reduce vehicle miles travelled. VII. STAFF RECOMMENDATION Staff recommends that the June 2007 Commute Trip Reduction Plan be approved. VIII. PLANNING COMMISSION ACTION Consistent with the provisions ofFWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed comprehensive plan amendment: Recommend to City Council adoption of the proposed amendments as proposed; 2. Recommend to City Council that the proposed amendments not be adopted; 3. Forward the proposed amendments to City Council without a recommendation; or 4. Modify the proposed comprehensive amendments and recommend to City Council adoption of the amendment as modified. EXHIBIT Exhibit A June 2007 Commute Trip Reduction Plan K:\2008 Code Amendments\CTR Plan\Planning Commission\Report to Planning Commision.doc Planning Commission Memorandum Federal Way CTR Plan September 10, 2008 Page 5 Commute Trip Reduction Plan ~~ Federal Way June 2007 T able of Contents INTRODUCTION .......................................................................................................1 I. BASELINE ASSESSMENT ...................................................................................3 II. AND III. BASELINE AND GOALS FOR 2011 .................................................... 36 IV. STRATEGIES FOR ACHIEVING GOALS AND TARGETS .............................. 38 V. REQUIREMENTS FOR MAJOR EMPLOYERS .................................................43 VI. FINANCIAL PLAN ............................................................................................46 VII. IMPLEMENTATION STRUCTURE .................................................................. 50 VIII. DOCUMENTATION OF CONSULTATION...................................................... 52 List of Appendices Appendix A: Appendix B: Appendix C: Appendix D: Appendix E: Appendix F: Appendix G: Appendix H: City of Federal Way Vicinity CTR Worksites City of Federal Way Comprehensive Plan Map City of Federal Way Zoning Map City of Federal Way Transit Services and Facilities City of Federal Way Non-Motorized Facilities Commute Trip Reduction Workshop Summary Summary of Policies That Support CTR Glossary of Terms City of Federal Way Commute Trip Reduction Plan June 2007 INTRODUCTION On January 19, 1993, the City of Federal Way adopted the Commute Trip Reduction Ordinance (Ordinance 93-164). The purpose of this ordinance was to comply with the Commute Trip Reduction Act RCW 70,94,521 adopted by the Washington State Legislature in 1991. This law requires employers of 100 or more employees who arrive between 6 and 9 a,m. to develop and implement a program to encourage their employees to reduce vehicle miles traveled and drive alone trips. In 2006, the Washington State Legislature passed the Commute Trip Reduction Efficiency Act which amended the requirements for local governments in those counties experiencing the greatest automobile-related air pollution and traffic congestion to develop and implement plans to reduce drive alone trips. This plan has been prepared in accordance with these revisions to RCW 70,94.521. Under the Washington State CTR Efficiency Act requirements, the City is required to prepare a new CTR plan and set new goals, The Commute Trip Reduction Plan is a collection of City- adopted goals and policies, facility and service improvements, and marketing strategies about how the City will help make progress for meeting the goals over the next four years. The goal of the Federal Way CTR plan is to reduce drive alone trips by 10% and vehicle miles traveled by 13% among major work sites. Building upon the success of the existing commute trip reduction program, the City strives to meet the goals of the plan for the future by working in partnership and coordination with other agencies and employers, This proposed Plan has been developed through extensive involvement by CTR-affected employers and King County Metro who helped identify strategies and ways for successful achievement of the goals. This plan helps to support the achievement of the City's vision and the goals of its comprehensive plan. Benefits of the CTR Program to City of Federal Way Although the Commute Trip Reduction Program only applies to a few sites in the City of Federal Way, the CTR program will continue to grow and address a variety of transportation and environmental issues. Several trends are increasing the value of CTR in Federal Way, particularly as an alternative to expanding roads and parking facilities, The major transportation problems facing Federal Way are traffic and parking congestion, inadequate mobility for non-drivers, and various economic, social and environmental costs associated with high levels of automobile travel; all problems that can be addressed by CTR. The value of CTR is further enhanced by the following trends: . Rising facility costs. The cost of expanding highways and parking facilities is increasing. In many cases it is more cost effective to manage demand than to continue expanding supply. If the CTR program is successful, it will help reduce the demand on state, regional and local streets. This in turn helps to reduce the need to expand the roadway system. City of Federal Way Commute Trip Reduction Plan June 2007 . Demographics. As the population becomes older and more mature, it will become more important to increase the availability of quality travel options for non-drivers, Senior citizens will be more dependent on transit and non-motorized travel options. . Energy Costs, Vehicle fuel costs have risen dramatically and are projected to increase in the future due to depletion of oil supplies and environmental constraints. Rising costs have increased the demand for.non-drive alone travel alternatives. The vanpool market, in particular, has exceeded demand and there are currently waiting lists for available vanpools. . Consumer preferences and market trends. CTR is addressing current consumer preferences in which more consumers want to live in multi-modal communities where it is possible to walk and bicycle safely, use neighborhood services, and have access to quality public transportation. . Environmental concerns. CTR helps to address concerns over air pollution, sprawl and other environmental impacts by reducing the demand for automobiles. Automobiles contribute to 55% of air pollutants. For each car that is taken off the road, there is a significant benefit to the environment. In summary, the CTR program is a cost-effective program that addresses a number of issues in the City of Federal Way, Although CTR has been applied to only a few work sites, the program will continue to grow and expand as solutions are needed to complex transportation and environmental issues. City of Federal Way Commute Trip Reduction Plan 2 June 2007 I. BASELINE ASSESSMENT I Affected erR Work Sites As part of the requirements of the CTR Efficiency Act, the City of Federal Way conducted a background assessment of land use and transportation conditions of the CTR-affected work sites. These conditions were used to develop strategies to help the sites meet their CTR goals. Under the CTR ordinance, there are 13 affected worksites in the City of Federal Way, Those worksites include the following: Work Site Address St. Francis Hospital 34503 9th Ave S U.S Postal Services 34301 9th Ave S Federal Way Citv Hall 33325 8th Ave S World Vision US 34834 Weyerhaeuser Way South Berger/ABAM 33301 9th Ave S Virginia Mason Medical Center 33501 1st Way South Financial Pacific Leasing 3455 S 344th Street EDS 32275 32nd Avenue S Weyerhaeuser Corporate 33663 Weyerhaeuser Way S Weyerhaeuser East Campus III 33940 Weyerhaeuser Way S Weyerhaeuser North BuildinQ I & II 32275 32nd Avenue S Weyerhaeuser Northwest Plaza 840 S 333rd Street Weyerhaeuser TechnoloQY Center 32901 Weyerhaeuser Way S A site profile for each CTR-affected work site has been prepared, The locations of the CTR work sites can be viewed in Appendix A. City of Federal Way Commute Trip Reduction Plan 3 June 2007 I Major Issues Regarding Land Use and Transportation Conditions Around CTR Work Sites St. Francis Hospital. 34503 9th Ave S Existing and planned land use conditions: This worksite is located in an office park zoned area. There are proposed zoning changes in this area. Existing and planned transportation This worksite is located on a principal collector with a facilities: sidewalk on both sides of the street. 9th Avenue South road is depicted on Map 111-6 of the Comprehensive Plan as thee lanes with a bike lane, Existing and planned transit services and This worksite is located near a bus stop for King facilities: County Metro route 182 and is close to the South Federal Way Park and Ride, which is served by King County Metro route 196, This worksite is also serviced by the Dial-a-Ride shuttle. There are no proposed changes to transit service in this area. Existing parking conditions: There is free and ample parking for employees and visitors, City of Federal Way Commute Trip Reduction Plan 4 June 2007 St. Francis Hospital- 34503 9th Avenue South, Federal Way, WA 98003 Building entrance Bus stop Ci of Federal Wa ID Number: Total Number of Employees: Affected CTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Carpool parking Parking lot St. Francis Hos ital E80028 1124 406 74% 8 Miles/day King County Metro Metro Route 182 Free and am Ie arkin available City of Federal Way Commute Trip Reduction Plan 5 June 2007 U.S Postal Services. 34301 9th Ave S Existing and planned land use conditions: This worksite is located in an office park zoned area, There are no proposed changes to land use in this area. Existing and planned transportation This worksite is located on a principal collector with a facilities: sidewalk ob both sides of the street. 9th Avenue South is depicted on Map 111-6 of the Comprehensive Plan as thee lanes with a bike lane. Existing and planned transit services and This worksite is located near a bus stop for King facilities: County Metro route 182 and is close to the South Federal Way Park and Ride, which is served by King County Metro route 196. This worksite is also serviced by the Dial-a-Ride shuttle, There are no proposed changes to transit service in this area, Existing parking conditions: There is free and ample parking for employees and visitors. City of Federal Way Commute Trip Reduction Plan 6 June 2007 U.S. Postal Services - 34301 9th Avenue South, Federal Way, WA 98003 Entrance Bus stop gin Avenue South Cit of Federal Wa 10 Number: Total Number of Employees: Affected CTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : U.S. Postal Services E80135 612 282 82% 10 Miles/day King County Metro Metro Routes 181 and 196 Free and am Ie arkin available City of Federal Way Commute Trip Reduction Plan 7 June 2007 City Hall - 33325 8th Ave S. Existing and planned land use conditions: This worksite is located in an office park zoned area. There are no proposed changes to land use in this area. Existing and planned transportation This worksite is located on a principal collector street, facilities: near a principal arterial with sidewalk on both sides of the street. S 336th Street and 1st Avenue South are depicted on Map 111-6 of the Comprehensive Plan as four lanes, Existing and planned transit services and This worksite is located near King County Metro route facilities: 903, This worksite is also serviced by the Dial-a-Ride shuttle. There are no proposed changes to transit service in this area. Existing parking conditions: There is free and ample parking for employees and visitors, City of Federal Way Commute Trip Reduction Plan 8 June 2007 Federal Way City Hall- 33325 8th Avenue South, Federal Way, WA 98063 Entrance Pedestrian crossing Cit of Federal Wa 10 Number: Total Number of Employees: Affected CTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Parking lot Vanpool parking Federal Wa Cit Hall E80176 306 168 73% 10 Miles/day King County Metro Metro Route 903 Free and am Ie arkin available City of Federal Way Commute Trip Reduction Plan 9 June 2007 World Vision US - 34834 Weyerhaeuser Way South Existing and planned land use conditions: This worksite is located in an office park zoned area: There are no proposed changes to land use in this area. Existing and planned transportation This worksite is located on a principal collector with a facilities: sidewalk, Weyerhaeuser Way South is depicted on Map 111-6 of the Comprehensive Plan as thee lanes with a bike lane. Existing and planned transit services and This worksite is located near Sound Transit route facilities: 565. There are no proposed changes to transit service in this area. Existing parking conditions: There is free and ample parking for employees and visitors. City of Federal Way Commute Trip Reduction Plan 10 June 2007 I -----~ World Vision US - 34834 Weyerhaeuser Way South, Federal Way, WA 98001 Parking lot Bus stop Ci of Federal Wa 10 Number: Total Number of Employees: Affected CTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Bike lane in front of entrance Pedestrian foot path World Vision US E85779 549 410 77% 11 Miles/day Sound Transit ST 565 Free and am Ie City of Federal Way Commute Trip Reduction Plan 11 June 2007 Bergerl ABAM - 33301 9th Ave S Existing and planned land use conditions: This worksite is located in an office park zoned area. There are no proposed changes to land use in this area. Existing and planned transportation This worksite is located on a principal collector with a facilities: sidewalk on both sides of the street. There is no planned road improvement near this worksite. Existing and planned transit services and This worksite is located near a bus stop for King facilities: County Metro route 182. This worksite is also serviced by the Dial-a-Ride shuttle. There are no proposed changes to transit service in this area. Existing parking conditions: There is free and ample parking for employees and visitors, City of Federal Way Commute Trip Reduction Plan 12 June 2007 Berger I ABAM - 33301 9th Avenue South, Federal Way, WA 98003 Entrance Driveway Cit of Federal Wa ID Number: Total Number of Employees: Affected CTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Parking lot Bike racks Ber er I ABAM E86819 212 100 73% 10 Miles/day King County Metro Metro Route 182 Free and am Ie arkin City of Federal Way Commute Trip Reduction Plan 13 June 2007 Virginia Mason Medical Center - 335011st Way South Existing and planned land use conditions: This worksite is located in an office park zoned area. There are no proposed changes to land use in this area. Existing and planned transportation This worksite is located along a Principal arterial with facilities: sidewalks on both sides of the street. There are no proposed changes to the transportation facilities in this area, Existing and planned transit services and This worksite is located near King County Metro route facilities: 903, This worksite is also serviced by the Dial-a-Ride shuttle. There are no proposed changes to transit service in this area. Existing parking conditions: There is free and ample parking for employees and visitors. City of Federal Way Commute Trip Reduction Plan 14 June 2007 Virginia Mason Medical Center - 3350115t Way South, Federal Way, WA 98003 Building entrance Intersection at 336tn Street Ci of Federal Wa 10 Number: Total Number of Employees: Affected CTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Parking lot Bus stop Vir inia Mason Medical Center E89706 270 125 79% 8 Miles/day King County Metro Metro Route 903 Free and am Ie arkin available City of Federal Way Commute Trip Reduction Plan June 2007 15 Financial Pacific Leasing - 3455 S 344th Street Existing and planned land use conditions: This worksite is located in an office park zoned area. There are no proposed changes to land use in this area. Existing and planned transportation This worksite is located on a minor collector with facilities: sidewalk on both sides of the street. S 344th Street is depicted on Map 111-6 of the Comprehensive Plan as thee lanes. Existing and planned tran.sit services and This worksite is located near Sound Transit route facilities: 565. There are no proposed changes to transit service in this area. Existing parking conditions: There is free and ample parking for employees and visitors. City of Federal Way Commute Trip Reduction Plan 16 June 2007 Financial Pacific leasing, llC - 3455 5 344th Way, Federal Way, WA 98001 Building Van pool parking Cit of Federal Wa 10 Number: Total Number of Employees: Affected eTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Parking lot Sidewalk and driveway Financial Pacific leasin E87890 124 121 71% 12 Miles/day Sound Transit ST 565 Free and am Ie City of Federal Way Commute Trip Reduction Plan 17 June 2007 EDS - 32275 32nd Ave South Existing and planned land use conditions: This worksite is located in an office park zoned area. There are no proposed changes to land use in this area. Existing and planned transportation This worksite is located near a principal arterial with facilities: sidewalks, South 320th Street is depicted on Map 111-6 of the Comprehensive Plan as a 4 lanes plus HOV lanes, Existing and planned transit services and This worksite is located near Sound Transit route facilities: 565. There are no proposed changes to transit service in this area. Existing parking conditions: There is free and ample parking for employees and visitors. City of Federal Way Commute Trip Reduction Plan 18 June 2007 EDS - 32275 32nd Avenue South, Federal Way, WA 98063 Building entrance Pedestrian footpath Ci of Federal Wa ID Number: Total Number of Employees: Affected eTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Parking lot Vanpool parking EDS E89169 115 109 58% 11 Miles/day Sound Transit ST 565 Free and am Ie City of Federal Way Commute Trip Reduction Plan June 2007 19 Weyerhaeuser Corporate - 33663 Weyerhaeuser Way S. Existing and planned land use conditions: This worksite is located in an office park zoned area. There are no proposed changes to land use in this area. Existing and planned transportation This worksite is located on a minor arterial with no facilities: sidewalks. Weyerhaeuser Way South south of S 336th Street is depicted on Map 111-6 of the Comprehensive Plan as a five lanes plus bike lane. Existing and planned transit services and This worksite is not located within a ~ mile of a bus facilities: stop, but the closest route serving the southern portion of the campus is Sound Transit route 565. There are no proposed changes to transit service in this area. Existing parking conditions: There is free and ample parking for employees and visitors. City of Federal Way Commute Trip Reduction Plan 20 June 2007 Weyerhaeuser Corporate - 33663 Weyerhaeuser Way South, Federal Way, WA 98003 Directory board at entrance Carpool parking Cit of Federal Wa 10 Number: Total Number of Employees: Affected CTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Parking lot Bus stop We erhaeuser Cor orate E80564 1022 720 69% 10 Miles/day Sound Transit ST 565 Free and am Ie City of Federal Way Commute Trip Reduction Plan June 2007 21 Weyerhaeuser East Campus III - 33940 Weyerhaeuser Way S. Existing and planned land use conditions: This worksite is located in an office park zoned area. There are no proposed changes to land use in this area. Existing and planned transportation This worksite is located on a minor arterial with facilities: sidewalks. Weyerhaeuser Way South south of S 336th Street is depicted on Map 111-6 of the Comprehensive Plan as a five lanes plus bike lane. Existing and planned transit services and This worksite is located near Sound Transit route facilities: 565. There are no proposed changes to transit service in this area. Existing parking conditions: There is free and ample parking for employees and visitors. City of Federal Way Commute Trip Reduction Plan 22 June 2007 Weyerhaeuser East Campus 11I- 33940 Weyerhaeuser Way South, Federal Way, WA 98003 Building entrance Bike racks Ci of Federal Wa 10 Number: Total Number of Employees: Affected CTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Parking lot Vanpool parking We erhaeuser East Cam us III E88260 1321 829 72% 11 Miles/day Sound Transit ST 565 Free and am Ie City of Federal Way Commute Trip Reduction Plan 23 June 2007 Weyerhaeuser North Buildings I & 11- 32275 32nd Ave S. Existing and planned land use conditions: This worksite is located in an office park zoned area. There are no proposed changes to land use in this area. Existing and planned transportation This worksite is located on a minor collector with facilities: sidewalks. There is no planned road improvement on 32nd Avenue South, This roadway is proposed to be widened to five lanes and a bike lane. Existing and planned transit services and This worksite is located near Sound Transit route facilities: 565, There are no proposed changes to transit service in this area. Existing parking conditions: There is free and ample parking for employees and visitors. City of Federal Way Commute Trip Reduction Plan 24 June 2007 Weyerhaeuser North Buildings I & 11- 32275 32nd Avenue South, Federal Way, WA 98001 Driveway entrance Parking lot Cit of Federal Wa 10 Number: Total Number of Employees: Affected eTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Employee shuttle stop 32"0 Avenue South We erhaeuser North Buildin s I & II E8051 0 783 495 70% 10 Miles/day Sound Transit ST 565 Free and am Ie City of Federal Way Commute Trip Reduction Plan June 2007 25 Weyerhaeuser Northwest Plaza - 840 S. 333rd Street Existing and planned land use conditions: This worksite is located in an office park zoned area. There are no proposed changes to land use in this area, Existing and planned transportation This worksite is located on a collector street, with facilities: sidewalk on both sides of the street. South 333rd Street is depicted on Map 111-6 of the Comprehensive Plan extend to SR 99. Existing and planned transit services and This worksite is located near Sound Transit route facilities: 565. There are no proposed changes to transit service in this area. Existing parking conditions: There is free and ample parking for employees and visitors, City of Federal Way Commute Trip Reduction Plan 26 June 2007 Weyerhaeuser Northwest Plaza - 840 S 333rd Street, Federal Way, WA 98003 Driveway entrance Crosswalk Cit of Federal Wa ID Number: Total Number of Employees: Affected eTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Parking lot Vanpool parking We erhaeuser Northwest Plaza E80313 117 114 72% 12 Miles/day Sound Transit ST 565 Free and am Ie City of Federal Way Commute Trip Reduction Plan June 2007 27 Weyerhaeuser Technology Center - 32901 Weyerhaeuser Way S. Existing and planned land use conditions: This worksite is located in an office park zoned area. There are no proposed changes to land use in this area. Existing and planned transportation This worksite is located on a principal collector either facilities: sidewalk or paved shoulder. This road is depicted on Map 111-6 of the Comprehensive Plan as a thee lanes plus bike lane. Existing and planned transit services and This worksite is located near Sound Transit route facilities: 565, There are no proposed changes to transit service in this area. Existing parking conditions: There is free and ample parking for employees and visitors. City of Federal Way Commute Trip Reduction Plan 28 June 2007 Weyerhaeuser Technology Center - 32901 Weyerhaeuser Way South, Federal Way, WA 98003 Building entrance Vanpool parking Cit of Federal Wa 10 Number: Total Number of Employees: Affected eTR Employees: 2011 Drive Alone Goal: 2011 VMT/Employee Goal: Services Available: Bus Routes: Parkin : Parking lot I..... Pedestrian foot path We erhaeuser Technolo Center E80572 735 588 59% 10 Miles/day Sound Transit ST 565 Free and ample City of Federal Way Commute Trip Reduction Plan 29 June 2007 I Supporting Comprehensive Plan Policies The City reviewed its current Comprehensive Plan to identify policies and goals that support the City's CTR program. The most current version of the City of Federal Way's Comprehensive Plan was adopted on July 2002. The City has a number of policies and goals that support CTR which are described in their land use and transportation elements. They include: City of Federal Way land Use Element The City of Federal Way has designated a City Centers comprise of two parts a City Center Core and City Center Frame. The creation of an identifiable and vibrant "downtown" is one of the primary goals identified by the Comprehensive Plan. The policies of the Land Use and City Center chapters envision a concentrated City Center comprised of mixed-use developments, pedestrian-oriented streetscapes, livable and affordable housing, a network of public spaces and parks, and development of superior design and quality, City of Federal Way Transportation Element The City of Federal Way Transportation Element has a number of policies and goals that support CTR, including the development of a multi-modal transportation system, non-motorized system and transportation demand management. Described below are some of the goals and policies from the Transportation Element that support CTR: Multimodal Transportation TP29 Reduce reliance on the single occupant auto by prioritizing and implementing supportive local-level transit, HOV, and non-motorized improvements, TP30 Identify and plan for multi-modal freeway, arterial, and collector street improvements which ensure more efficient use of existing roads and enhancement of HOV, transit, and related non- motorized operations. TP31 Integrate the traffic circulation network with high capacity transit, HOV, bicycle, and pedestrian networks with consideration to regional system needs, including air and port facilities. TP32 Structure the City's improvement program to strategically place increments of public and private investment that complement the multi-modal vision of the plan. This should include "matching" improvements to supplement the efforts by other agencies to provide HOV and transit facilities. TP33 Acquire rights-of-way for high capacity transit whenever possible in advance of their need, and make accommodations for any improvements, whether public or private, to provide for future high capacity transit needs without major redevelopment (e.g., locate structures so they would not need to be altered to accommodate future high capacity transit facilities). Non-Motorized Transportation Non-motorized transportation facilities will be increasingly important to the City in meeting the travel needs of its residents and workers and to reduce our dependence on automobiles. The City of Federal Way Commute Trip Reduction Plan 30 June 2007 pedestrian and bicycle systems can be implemented through a prioritized series of improvements to complement the transit, and HOV systems as well as create a key link to business, cultural, recreational, and residential elements that are a part of the FWCP Vision, Goals TG4 Enhance community livability and transportation by providing a connected system of pedestrian and bicycle ways that is integrated into a coordinated regional network. Policies TP50 Provide sidewalks on both sides of all arterial streets as funding allows. Provide a one-mile grid of bicycle facilities connecting major activity centers, recreational facilities, and schools. TP52 Incorporate pedestrian and bicycle features as design elements in the City Center as reflected in the FWCP Vision and City Center Street Design Guidelines. TP53 Ensure that City facilities and amenities are ADA compatible. TP54 Work to extend the existing system of sidewalks, bikeways, and equestrian ways in the city to provide safe access to public transit, neighborhood and business centers, parks, schools, public facilities, and other recreational attractions, TP55 Work with other agencies, particularly relating to regionally significant facilities, to pursue funding for pedestrian and bicycle amenities. TP56 Inform and educate the public on safety and use of non-motorized facilities. TP57 Ensure non-motorized facilities are safe and well maintained. Transportation Demand Management The Transportation Element acknowledges the City's CTR ordinance and describes recommendations and goals for supporting CTR: 1. Encourage voluntary expansion of the CTR Program to employers of less than 100 employees, The encouragement by employers may be as diverse as subsidized bus passes, carpool space priority, bike racks, shower facilities, van pools, car pool information access, telecommuting, variable work hours, etc. 2, Encourage the formation and expansion of area-wide ride-sharing programs. Such programs operate with little direct cost to the City and are highly cost-effective, 3. Facilitate the creation of Park and Ride facilities and transit centers to supplement the regional system, either directly through acquisition of property or indirectly through development conditions where employer vans are required to shuttle employees to Park and Ride facilities or transit centers, 4. Facilitate enhancements to the HOV System. This may include the acquisition of property for HOV lanes, construction of arterial HOV lanes on City arterials and State highways, and priority treatments for buses at traffic signals, At the very least, opportunities to support improved access to the State system of HOV lanes should be identified and supported. . Through TOM options, the City recognizes it can maximize the effectiveness of the public investment dollar. Many jurisdictions are finding non-construction, or management actions, critical City of Federal Way Commute Trip Reduction Plan 31 June 2007 to the overall achievement of congestion management and protection of neighborhoods, As such, the TOM goals for Federal Way can be expressed as follows, Goal TGS. a. Employ and promote the application of non-construction, and transit/HOV construction actions to preserve and enhance mobility and assist in achievement of the land use vision. b. Develop methods to successfully measure and achieve the following HOV & Transit mode split- levels by the year 2010: , 15 percent of all daily trips over one mile in length; , 30 percent of all work trips; and , 40 percent of trips between major activity centers. c. Assist all CTR affected and voluntary employers in the Federal Way planning area to achieve the Commute Trip Reduction Act travel reduction goals. d, Ensure that all members of the community, including those with transportation disadvantages, have viable travel options or alternatives. Revised 2003 111-65 Use transportation demand management to help achieve an appropriate arterial level of service that balances the economic, ecological, accessibility, and livability needs of the City's residents, consumers, employers, and employees. Policies TPS8 Support the achievement of City and regional mode split goals through encouragement of local and regional work at home and transportation coordination programs such as ride matching services and van pools. TPS9 Support other transportation demand management programs that can be shown to be cost- effective in achieving plan goals, while allowing residents and employers discretion to choose the methods they wish to employ. TP60 Develop an arterial street HOV system and related enhancement, which complements the regional freeway HOV system, through the following actions: . Place emphasis on the development of HOV and transit priority improvements; especially those requiring minimal cost or construction. These improvements should pace the extension of the regional system and minimize the gap between traveler needs and system capacity. . Establish an urban traffic control system that gives priority to buses and HOVs. . Establish policy that when arterials require more than four through lanes to maintain the adopted LOS, additional travel lanes will be for HOVs. As HOV lanes reach the adopted LOS standard, increase the vehicle occupancy requirements for their use (e,g. increase from two or more to three or more occupants), LOS will then be calculated by the average delay per person. TP61 Provide improved operational efficiency to the City's transportation system and support regional monitoring programs through regular, structured reporting, monitoring, and performance evaluation, TP62 Modify the development review process by: . Incorporating revised impact analysis procedures that comply with GMA concurrency and other requirements. The revisions need to include revised Level of Service standards. City of Federal Way Commute Trip Reduction Plan 32 June 2007 , Streamlining it to the extent possible to minimize private development costs, Where developments are consistent with this plan, they should be allowed to proceed by mitigating site impacts; developing appropriate components of the HOV, transit, non-motorized and motorized chapters; and participating in an equitable citywide improvement funding or mitigation payment program. . Incorporating requirements of the Americans with Disabilities Act. , Requiring explicit consideration of pedestrian and bicycle circulation, as well as parking and general circulation needs. TP63 Adopt a flexible level of service standard which employs a measurement factor that accommodates demand management to help balance likely levels of growth, with opportunities to create a multi-modal transportation system, TP64 Encourage non-motorized improvements which minimize the need for residents to use motorized modes by providing: 1) access to activity centers; 2) linkage to transit, park & ride lots, and school bus networks; 3) completion of planned pedestrian/jogging or bicycle trails; and 4) designating a network of streets that can safely and efficiently accommodate bicycles. TP65 Enhance a non-motorized system by the following actions: . In instances where the citywide system of bike lanes, trails, and sidewalks crosses or abuts new development or redevelopment, consider requiring the developer to mitigate the impact of the development on the City's transportation system by constructing bike lanes, trails, and sidewalks that interface with the existing system. . Coordinate development of the non-motorized system with surrounding jurisdictions and regional system extensions, . Extend the existing system of City sidewalks to all streets. TP66 Recognize that TDM requires coordination, and work with regional representative and other adjacent communities to develop coordinated TDM strategies. Review of Comprehensive Plan Policies Appendix G includes an analysis of the comprehensive plan goals and policies that support CTR. The CTR Planning Guide included a list of goals and policies that CTR-affected jurisdictions should incorporate into their comprehensive plans, The analysis shows that there are a number of goals and policies that are not yet incorporated in the Federal Way Comprehensive Plan. During the next update cycle, the appropriate steps could be taken to create a stronger basis for the City's CTR program. I Supporting Transit Plan Policies and Programs Public transit service is provided to area residents by a combination of fixed-route, express, dial-a-ride, and subscription bus services. King County METRO serves the City directly, while Pierce Transit buses provide connections from the Park and Ride lot on 1-5 at South 320 Street to Tacoma and Puyallup. Sound Transit serves the Federal Way and Star Lake Park and Ride lots with regional express buses between SeaTac and Tacoma, and between Federal Way and Bellevue. METRO and Pierce Transit provide bus and park & ride facilities to Federal Way, City of Federal Way Commute Trip Reduction Plan 33 June 2007 Sound Transit is reviewing a high capacity transit system alternative for a second phase. The City plan identifies stations/transit centers on or near the 1-5/SR-99 corridor at South 272nd Street, South 316th Street, South 336th Street, and South 348th Street. Until light rail transit is extended to Federal Way, the transit centers would be for bus transit only. The integration of the road system for vehicles and buses with high capacity transit is incorporated into this plan. Specific projects that are planned are: . Federal Way - Seattle New peak period, peak direction commuter service between the new Federal Way City Center transit center/P&R and downtown Seattle, operating every 6 to 15 minutes. . Twin Lakes - Seattle Improves service levels between the Twin Lakes P&R and the South Federal Way P&R; operate every 7 to 15 minutes, (Twin Lakes P&R recently completed by WSDOT) . Link LRT: Extension from S 272nd Street to Federal Way Transit Center via SR 99 Continue extension of the Central Link light rail system for approximately 2.8 miles from S. 272nd Street to Federal Way (S. 317th St) in the vicinity of existing Federal Way Transit Center, including a new station in Federal Way. The project will include all necessary components such as infrastructure, systems, and stations. For prototypical costing purposes, the alignment is assumed to be aerial primarily along SR 99. The final alignment and station locations will be determined through project level design and environmental review. Prototypical cost estimates for the alignment are presented here. This project is pending voter approval in fall 2007. · Link LRT: Extension from Federal Way Transit Center to S 348th Street via 1-5 Construct an extension of Link light rail transit from Federal Way (vicinity of the existing Federal Way Transit Center) to South Federal Way. For prototypical cost estimation purposes, the line is assumed to be a mix of aerial, at-grade and retained cut and fill primarily along the western edge of 1-5, and would include a new station in the vicinity of 1- 5 and S 348th Street. This project is pending voter approval in fall 2007. I Planning Coordination and Cross Boundary Issues The City of Federal developed its CTR plan in coordination with other CTR-affected jurisdictions in King County. The City of Federal Way also attended meetings that were sponsored by the Puget Sound Regional Council to discuss regional approval CTR issues. The City of Federal Way has a number of cross boundary issues that affected its CTR Plan. Many of the commuters who travel to CTR-affected work sites live outside of Federal Way, Commuters City of Federal Way Commute Trip Reduction Plan 34 June 2007 travel to Federal Way from Seattle, Pierce County and East King County. Interstate 5 and State route 167 are the major state facilities that commuters use to travel to the City of Federal Way, To address other cross boundary issues, the City is working with regional partners on the following: . Working with King County Metro to provide transit services to the regional hubs. . Working with Sound Transit to improve transit access to the City, . Working with WSOOT to coordinate state highway projects, including SR 167 . Working with the PSRC to coordinate on regional TOM issues. City of Federal Way Commute Trip Reduction Plan 35 June 2007 II. and III. BASELINE AND GOALS FOR 2011 The goal of the CTR program is to reduce drive alone vehicle use and vehicle miles traveled among employees who work in CTR-affected worksites by 10% and 13% respectively, The targets are based on the most recent CTR work site drive alone and vehicle miles traveled rates. The target was established by taking the most recent drive alone rate and multiplying the rate by 10%, This number was then subtracted from the most recent drive alone rate and the result established the target for 2011. Drive Alone Target = Most recent drive alone rate - (Most recent drive alone rate * ,10) Vehicle Miles Target = Most recent VMT - (Most recent VMT * .13) 2005 Goal 2011 SOV 2005 Goal 2011 City of Federal Way SOV Target VMT Target Rate Rate VMT City of Federal Way Reduce Reduce (overall) 0,81 by 10% 0,73 11.64 by 13% 10.12 2005 Goal 2011 SOV 2005 Goal 2011 Employer SOV Target VMT Target Rate Rate VMT Reduce Reduce St. Francis Hospital 0,82 by 10% 0,74 9.11 by 13% 7.92 Reduce Reduce U. S Postal Services 0.91 by 10% 0.82 11.38 by 13% 9.90 Reduce Reduce Federal Way City Hall 0.81 by 10% 0.73 11.59 by 13% 10.08 Reduce Reduce World Vision US 0.85 by 10% 0,77 12.87 by 13% 11.19 Reduce Reduce Berger/ABAM 0,81 by 10% 0.73 10,97 by 13% 9.55 Virginia Mason Medical Reduce Reduce Center 0.88 by 10% 0.79 9.66 by 13% 8.40 Reduce Reduce Financial Pacific Leasing 0.79 by 10% 0.71 14.13 by 13% 12.29 Reduce Reduce EDS 0,65 by 10% 0.58 12,53 by 13% 10.90 Reduce Reduce Weyerhauser Corporate 0.77 by 10% 0.69 11 .73 by 13% 10.21 Weyerhauser East Campus Reduce Reduce III 0.80 by 10% 0.72 12.10 by 13% 10.53 Weyerhauser North BuildinQ 0,78 Reduce 0.70 11.67 Reduce 10,15 City of Federal Way Commute Trip Reduction Plan 36 June 2007 I & II by 10% by 13% Weyerhauser Northwest Reduce Reduce Plaza 0.80 by 10% 0.72 13,32 by 13% 11.59 Weyerhauser Technology Reduce Reduce Center 0.66 by 10% 0.59 11.01 by 13% 9.57 City of Federal Way ~ Commute Trip Reduction Plan 37 June 2007 ,----~ IV. STRATEGIES FOR ACHIEVING GOALS AND TARGETS Potential Actions for the City to Eliminate Barriers To help make progress towards reaching the City's CTR goals, the City explored different strategies. The following potential strategies were identified that would help the City achieve its 2011 goal. The City would perform these strategies in coordination with King County Metro and other South King County jurisdictions · Parkina To increase the percentage of commuters using transit, vanpool, carpool and non- motorized forms of transportation, the City will work with CTR employers to encourage parking management program, such as implementing preferential parking for carpools and vanpools and reducing parking capacity. The City will also review its current policies and development code for parking requirements and possibly identify changes that could help reduce drive alone travel. · Transit Sound Transit, Pierce Transit and King County Metro operates transit services in the City of Federal Way, Currently, less than 1% of commuters who travel to CTR- affected work sites use transit. To increase the transit ridership at CTR-affected work sites, the City will work with transit providers to enhance transit services to make transit more accessible and convenient to commuters. The City will work transit agencies to extend service hours, increase coverage, expand span of service and make transit stops more accessible to work sites. · Create Local Networkina Opportunities for CTR-affected Work Sites To increase opportunities for ridesharing and continue partnerships between employers, the City, in coordination with King County Metro, will continue working with local networking enhancing opportunities for affected employers, Local networking with other CTR-affected employers and businesses will offer opportunities to discuss CTR and transportation issues, coordinate ridematching services, conduct joint commute options promotions, and offer coordinated programs that can benefit their employees. · Land Use The City will continue implement its current land use policies that encourage the development of its City Center, Employers will be encouraged to locate in the Center where higher levels of services, such as transit, non-motorized and TDM programs are offered. Higher densities would help to increase transit, van pooling and ridesharing activities, City of Federal Way Commute Trip Reduction Plan 38 June 2007 · Employer Assistance To help CTR-affected and other business work sites achieve their goals, the City and King County Metro will continue to provide assistance to employers with implementing their programs. · Manaaement Support and ETC trainina The City, in coordination with King County Metro, will work with chambers of commerce and other business organizations to increase support for CTR programs. . Work with Developers to Implement Transportation Manaaement Plans Through the City's development review process, the City will encourage developers to implement various TOM measures that will help encourage commuters to use non-drive alone alternatives. TOM measures include installing commuter information centers, preferential parking for carpools and vanpools, offering transit pass discounts, and using pedestrian-friendly design that encourages transit use. City of Federal Way Commute Trip Reduction Plan 39 June 2007 Recommended Strategies to Achieve Goals Based on the feasibility of implementing various potential actions that were identified, the following strategies are planned that will help the CTR-affected work sites make progress towards their 2011 goal. These strategies will be performed in coordination with King County Metro and other South King County cities. . . . Services and Facilities Implement City's Vision for Federal Wa 's Ci Center Employer Notification and Enforcement ETC Trainin and Guidelines Amend Comprehensive Plan to include language about the eTR Efficienc Act T rtf M t PI The City of Federal Way has designated twe a City Center that includes visions for higher density mixed-use development that is supportive of transit, rideshare, pedestrian and bicycle use, The City will continue to work implementing this vision which will support CTR-affected work sites efforts for meetin their CTR oals, The City will continue to work with potential worksite that could be affected b the CTR Law. The City will continue to work with Employer Transportation Coordinators (ETCs) to implement successful CTR programs, ETCs will be responsible for coordinating annual fairs, conducting promotions, distributing information, notifying the jurisdiction about program changes, and reporting employee numbers. The City will work with employers to ensure that recommendationsl uidelines are im lemented. The City will review its Comprehensive Plan and add new policies to correspond with its CTR plan, if necessa . The City will work with developers to encourage incorporating TDM elements in new development, including commuter information centers, preferential parking for carpools and vanpools, b'k I k h b'k k d b t City of Federal Way Commute Trip Reduction Plan 40 June 2007 Transit Services Sound Transit Services Park and Ride Lots Car 001 Services Bic clin and Walkin Amenities Enhance Bicycle and Pedestrian Facilities T elework Pro ram VanShare Pro ram Alternative and Flexible Schedules EA' t The city will work with King County Metro to enhancements transit services where feasible, The City will continue to work with Sound Transit to increase Re ional Ex ress Bus services. The City will continue to work with King County Metro to expand the King County park-and-ride lot s stem as needed The City will continue to encourage carpooling and van pooling through the use of www.rideshareonline.com. The City will continue to work with major employers to encourage the provision of amenities such as bike lockers, access to shower facilities and changing facilities to increase usage of non- motorized trans ortation, The City will continue to improve its system of bicycle and pedestrian facilities as depicted in the Comprehensive Plan, The City will work with CTR sites as needed on a site basis to educate about the benefits of a telework pro ram. The City will work with King County Metro to promote Vanshare usage among CTR sites as appropriate. This program will help commuters (1) travel from a home area to a transit center or park- and-ride lot where they will connect with transit or (2) from a transit center or park-and-ride lot to their destination after having used a bus or the train to that location. The City will continue to work with CTR employers to encourage alternative and flexible work schedules for their employees, including com ressed work weeks, The City will provide assistance to CTR affected employers to help them meet the requirements of the CTR Efficiency ACT and implement their . . . Marketing and Incentives The City will work with CTR worksite managers and owners to educate them about the benefits of CTR to their or anizations, City of Federal Way Commute Trip Reduction Plan June 2007 41 Subsidies The City, will continue to work and educated CTR affected employers on the benefits of a subsidy ro rams The City will to expand education efforts to CTR employees about alternative commuting including workshops, information brochures, and advertisin . The City will continue to work with major employers to conduct on site promotions, transportation fairs, and activities to increase awareness and use of commute alternatives. The City will continue to work with the major employers to create networking opportunities to discuss CTR issues, coordinate ridesharing pro rams, and conduct 'oint promotional efforts. Marketin and Education Promotional Events Networkin Opportunities City of Federal Way Commute Trip Reduction Plan 42 June 2007 V. REQUIREMENTS FOR MAJOR EMPLOYERS As defined by State Law, a CTR-affected employer is an employer that has 100 or more employees that arrive at a site between 6 and 9 a.m, Each CTR-affected employers is required to reduce their drive alone trips by a minimum of 10% and vehicle miles traveled by 13% during a four-year period. In addition, CTR-affected employers will be required to implement the following program elements: Required Element Description Designate Employee Transportation Coordinator Regular Distribution of Information to Employees The Employee Transportation Coordinator (ETC) is the point of contact between the employer and its workforce to implement, promote and administer the organization's CTR program. He/she is also the point of contact between the employer and the local jurisdiction to track the employer's progress in meeting CTR requirements Affected employers will be responsible for providing adequate training for the ETC, allow them to attend networking meetings, and provide them with the necessary time to administer the program. Employers will be encouraged to select an employee for this role who is high enough in the organization to effect change. Information about commute alternatives will be distributed at least monthly to employees. Information packets will be distributed to new employees at CTR-affected work sites, Examples of information that will be distributed will include: · Description of the employer's commute options program · Transit system maps and schedules · Van pool information · Weekly traffic alerts · Wheel Options campaign promotional materials · Other timely promotional materials CTR Reporting Once a year, the employer is required to complete the Employer Report and Program Description Form to determine if progress is being made towards achieving the goals. Reports must be submitted to the City for review and approve. CTR Survey Biennially, the eTR affected employers shall distribute and collect Commute Trip Reduction Program Employee Questionnaires (surveys) to achieve at least a 70 percent response rate, Implementation of a Set The affected employer is required to implement a set of measures that of Measures are designed to increase the percentage of employees using some or all of the following modes: City of Federal Way Commute Trip Reduction Plan June 2007 43 Required Element Description · Transit · Van pool · Carpool · Bicycle or walking · T elework, Compressed Work Week, or Flexible Work Schedule · Other non-drive alone vehicle modes Measures to reduce drive alone trips and vehicle miles traveled include, but are not limited to: · Provision of preferential parking or reduced parking charges for high occupancy vehicles · Instituting or increasing parking charges for single-occupant vehicles · Provision of commuter ride matching services · Provision of subsidies for transit fares · Provisions of vans for van pools · Provisions of subsidies for carpooling or van pooling · Provision of car sharing services · Permitting the use of the employer's vehicles for carpooling or van pooling · Permitting flexible work schedules · Establishment of a program of alternative work schedules such as compressed work week schedules (such as 4/40 or 9/80) · Cooperation with transportation providers to provide additional regular or express service to the worksite · Construction of special loading and unloading facilities for transit, carpool, and vanpool users · Provision of bicycle parking facilities, lockers, changing areas, and showers · Provision of a program for parking incentives such as a rebate for employees who do not use the parking facility · Establishment of a program to permit employees to work part or full time at home or at an alternative worksite closer to their homes · Implementation of other measures designed to facilitate the use of high-occupancy vehicles such as on-site day care facilities and emergency taxi services · Employers or owners of worksites June form or utilize an existing transportation management association or other trans ortation-related associations b RCS 35.87 A01 0 to City of Federal Way Commute Trip Reduction Plan 44 June 2007 Required Element Description assist members in developing and implementing commute trip reduction programs City of Federal Way Commute Trip Reduction Plan June 2007 45 VI. FINANCIAL PLAN The City of Federal works with King County Metro to implement its CTR program. Currently, the City receives funding from WSDOT to implement its CTR program and contracts with King County Metro to perform various services. Described below are the funding sources, planned expenditures and funding gaps for the City of Federal Way CTR program, I Funding Sources The CTR programs administered in Federal Way are funded by two sources, as described in the following table: Source of Responsible Estimated Estimated Estimated Estimated Funding Agency Amount for Amount for Amount for Amount for 2008 2009 2010 2011 CTR Base WSDOT $25,000 $25,000 $25,000 $25,000 Funding City of City of Federal $20,000 $20,000 $20,000 $20,000 Federal Way Way staff resources TOTAL $45,000 $45,000 $45,000 $45,000 City of Federal Way Commute Trip Reduction Plan 46 June 2007 I Program Expenses The cost of implementing is shared primarily by the City, the transit agency, and the employers. The following is a summary of the types of expenses incurred throughout the City. Expense Responsible Estimated Estimated Estimated Estimated Party Annual Annual Annual Annual Cost 2008 Cost 2009 Cost 2010 2011 Prepare local CTR City of Federal $10,000 $10,000 $10,000 $10,000 plan, update Way Comprehensive Plan, and CTR ordinance Employer City of Federal $3,000 $3,000 $3,000 $3,000 Notification Way Administer CTR King County Metro $25,000 $25,000 $25,000 $25,000 program (contract management, annual reporting, program review, surveys, coordination meetinqs) Offer program City, Employers $380,000 $380,000 $380,000 $380,000 incentives TOTAL $418,000 $418,000 $418,000 $418,000 Note: This figure does not include HOV capital projects listed on the 2007-2012 TIP with an estimated cost of $55.6 million and pedestrian improvement projects of $1.094 million. City of Federal Way Commute Trip Reduction Plan 47 June 2007 I Financial Gaps The following table summarizes program areas that are not currently funded. However, some potential funding sources have been identified for the applicable organization to target. Service or Target Market What Strategy Will Financial Gap Strategy Accomplish Develop Chief Executive Increase management $5,OOOlannually Management Officers, support for CTR program Support program by giving employer managers recognition and describing benefits of program to CEOs T elework CEOs, ETCs Training and assistance $5,OOOlannually Education and to help set up telework Compressed Work programs, Week Transit, vanpool Commuters at Subsidies to encourage $20,OOOlannually and carpool CTR-affected commuters to shift to subsidies work sites transit, van pool and carpools Marketing and Commuters at Increase awareness of $5,OOOlannually Promotions CTR-affected transit and ridesharing work sites programs. Bicycle Amenities Commuters Work with employers to $25,OOOlannually provide amenities to bicycle commuters, i.e. bike racks, lockers, and public information. TOTAL $60,OOO/annually The following funding sources have been identified that potentially could be used to fund CTR programs: · Congestion Management Air Quality Grants · Surface Transportation Program Grants · Employer Trip Reduction Performance Grants · Washington State Construction Mitigation Funding · Transit Agency Funds · Local Jurisdiction Funds · Major Employers City of Federal Way Commute Trip Reduction Plan 48 June 2007 I Summary The following table shows the amount of money necessary to implement all of the proposed strategies listed in the previous tables. There are insufficient funds at this time; however, some potential funding sources have been identified below, Potential funds to be used to fill in funding gaps: · Congestion Management Air Quality Grants · Surface Transportation Program Grants · Employer Trip Reduction Performance Grants · Washington State Construction Mitigation Funding · Transit Agency Funds · Local Jurisdiction Funds · Funds from Major Employers Budget Summary Estimated Estimated Estimated Estimated Annual Cost Annual Cost Annual Cost Annual 2008 2009 2010 2011 ExistinQ FundinQ $45,000 $45,000 $45,000 $45,000 ExistinQ Expenses $418,000 $418,000 $418,000 $418,000 Unfunded Programs $60,000 $60,000 $60,000 $60,000 Needed Funds $433,000 $433,000 $433,000 $433,000 City of Federal Way Commute Trip Reduction Plan 49 June 2007 VII. IMPLEMENTATION STRUCTURE The City plans to work in partnership with King County Metro and its affected work sites to implement the CTR program. Organization Responsibility City of Federal Way The City will be responsible for developing and implementing their local CTR plan. It is responsible for ensuring that CTR plan is consistent with its local comprehensive plans. As part of its CTR plan, the City will set the goals and targets for the affected employers. For CTR program administration, the City is responsible for ensuring that affected employers are in compliance with the CTR law. King County Metro In partnership with the City, King County Metro will be responsible for employer outreach, conducting marketing and promotional activities, and providing services to CTR-affected work sites. Major Employers Employers'affected under the CTR law are responsible for implementing their CTR program requirements, including information distribution, designating an ETC, submitting program reports, delegating adequate time for ETCs to perform duties and implementing program elements. I CTR Program Activities Program Strategy or Service Agency Responsible Scheduled Date for Implementation Policies and Regulations Update Comprehensive Plan City of Federal Way 2008 CTR Pro ram Enforcement Implement Vision of Downtown Federal Wa Review Parkin Policies Services and Facilities Cit of Federal Wa City of Federal Way On- oin On-going Cit of Federal Wa 2008 - 2011 Transit Services Vanpool Services On- oin On-going Sounder and Regional Express Sound Transit Bus Ridematchin services Bic cle and Pedestrian On-going City of Federal Way 50 Commute Trip Reduction Plan , June 2007 Facilities Marketing and Incentives Wheel Options Campaign Mana ement Support Parkin Mana ement Marketin and Education Promotional Events Marketin and Education Coordination with other A encies City of Federal Way Commute Trip Reduction Plan June 2007 51 VIII. DOCUMENTATION OF CONSULTATION AND PUBLIC INVOLVEMENT On June 6,2007, the City of Federal held a meeting with employer representatives from its CTR- affected work sites, The purpose of the meeting was to review the CTR Efficiency Act and to inform the employers of the new requirements. The City also discussed ideas and strategies that could help the CTR-affected work sites make progress towards meeting their goals. The meeting summary of the workshop can be found in Appendix F. In addition to meeting with employers, the City of Federal Way coordinated the development of its CTR plan with King County Metro, the Puget Sound Regional Council and other jurisdictions in King County. City of Federal Way Commute Trip Reduction Plan 52 June 2007 APPENDICES A~endix A CITY OF FEDERAL WAY VICINITY CTR WORKSITE PLANS Legend "'* eTR SitllS _Freer..latj ~ Principal - Colleclor Local .99) City Hell ~yerhaeuser IIfWPla 7tII ~ergerIA8/lM Financial Pacific Leasing N 1 ..... j" ~ Perteet May 14, 2007 o 0.25 0.5 0.75 1 ,Miles Federal Way eTR Plan Federal Way eTR Worksites FigllreA Appendix B CITY OF FEDERAL WAY COMPREHENSIVE PLAN City of Federal Way Comprehensive Plan _o.o'ilfd_ CilJor_...... :wzs.......... .__._lI08J..9l'q ""-~ --- Q. <II ~ b .c- .u :> King County . . . c ['uget Sound ~ . . t...... . . -~-r::~a" \ '\ I i ...... --- ..-- .""'''--C- .-,-,- .-- .- .ea.,.o....~.... .-- .-- .__epoos_ .-- c I ;' I i ! / -'-'--' ......~_o...." .....~_o.-r /" . ~<::.':.::=- / / .i___.... .~-_.. 0-"- .--,.. o ~_-... .c......o__. 0_....'.. .-......, .-....... .--, ""'"" 50 0.25 20 !""'"""""'" 5OAcrlII_c__ 1 ..'l -Miles /II I ~:.~::=-:::.=:: ..;;;-~~~-==- I --- -.-. .-- ---- I. :::',,:,".,. "~':':3?: b<~~,_.~"'. ~ Federal Way ~ Perteet May 14, 2007 Federal Way CTR Plan Federal Way CTR Employers 2006 Comprehensive Plan Map Source Date: April 2006 Figure B A~endix C CITY OF FEDERAL WAY ZONING MAP City of Federal Way Official Zoning Map -.--- ~~$"" ._way.\.....~l. ===-- a. co ~ ~ go S King County . . . c PURe! Sound . . '-" ~____' I .0<:.....-._ .tN___ ~:'=P'" .CC-eo..~o- C:::-.,- . .-......"""....""'-..... OW..........'.....'l_400'_.... 0"_.1""'1>__'_ 00T!>0_ .C...,.C__~ , (11).<)0".,,_ ."".........P..., .OP.'.OIOooP..U .01'."__' ..~..__. ~=~,:_,-- ~"""P'''''';''._-'- ~M. ,_a__,... _l.'...."200_'.... -..,......."""-,... $(.'''''1'_ .......=~~ . =~c:':~...:;::;=. . ,.-..."-'<"--, _"_'''''''''',11." .c........~~""'1ll . .....--...,,- _-....,.,.. 0<:00__...'00 ...........--.." O~_... 0_.000.' .-- ..........._, .... S 0 0.25 0.$ $O~ ~-=_ ~ --.,,----... ..._......._....~.._. I ~~~~:i1g ~~:[l~=- __._ ~ ~~.~.~a!- Federal Way CTR Plan Federal Way CTR Employers 2006 Zoning Map Map Source Date: April 2006 Figure C ~ Perteet May 14, 2007 A~pendix D CITY OF FEDERAL WAY TRANSIT SERVICES AND FACILITIES legend Gl l<ing CountvMetro BU5 Stop I Palk & Ride - King County Metro Bus: Routes @ l) N 1 ... JI, o 8 ~ Perteet May 14, 2007 o 0.25 0.5 0.75 1 ,Miles Federal WiI'J CTR Worksites Transit Routes, Bus Stops, and Park & Ride Facilities Figu re 0 LEGEND '."" ........~--...... - ........~P-*....,- Actt\oe dllt lib..,........, I..... _..IDt .... ~.., _...,... ,....u. n II D II (1.11III. $6'IIi I-illli ,.'tIIIi .. fiIIrIp ...... . a....r lArI ,...... _It... C1II _ au.......... tI.raInI.... ,.... w., .. -.. iii il"IInII:CInIr . ~ WIt . '7ZZl 011I. RIM TIW'IIII.~ fD,lllIT} DIy all,,"" __ a:,. rI........, ut. QIIa1IrI C.... ... ~ C':'1IA1fY .... I. Dlm2ilI 2. aDI315 3- aDl TIJ ... ElID510 :5. lWnl31 11 ~ T. El!lll51'2 ill. t:tI5TTIII 8. DliIItl Q ID. E:6TIWIlI I~ EUJIG I... DVlI. I:s.. rMTD!I FEDERAL WAY Active CTR Sites thd'Dnda ""1JMiI Nit ~ 174, ~ ~"Df .... UM JlaII: 15l. 113; 1. 110. tal. f'8I _"'1.5H. ....... WiI/J Yr.d c..Hr to"I, tJil, -VJl: ._tIII, . ... ~,~ JI ~ , a.j Ch r" m_ ill i " TWn ....N.II r1l), tIU..flir :':...IL"''''":L:.'::..~=''-=.:"~'':'~.:..~''- ... .~ ... ---r'.-'--- -..........- ........... ,~.:....r ---- ....-.- -.-.. --.......-- .....:. ...--...~............._.- ...._.-,.... ;:;:~-_._-+~---'- @>.-.' -........ -......... ... ~ ,. , - r~ 1.. :11>>1 lOng County .....< 'J ). 'If....,. .._ ~::j~''''". -'"....:.:.",... .;;.....,:,...... ....'.. ~. ., .,..... ...... ..... " ....... i"" . . .;~ "'.c " ".... ...... ....,< , . ~"l .......-,.i/ .:1 I . III: llllalllda I tllrlflM",1II: . ~ f74, ~- ~11t1 8IiII ub Mill: 1~.m1ta. 110. ,.,11 ,. .N1 LEGEND - III 0IIy-- ~."1lf""" .1IIIMr: ~i'4. t.It, *N.:ID'. ~ :::E:I: PNII _\1__ ...- wwy.>> __ .1IlaIr': t~ '"1'1, m: ~ tl:l. tll, tU,~ - III 0IIy__ ....1idao:I... .. ,.tt;r.ss -L.L PNII 11I\I-- .............. 'l") a .-- ~ -- i SIN JM.li.lw...... en: ........... 'n - *PiC! 'F~ , [I bNIICMIIr . 11- J'ItiIIidI, lei ::;.~ DIll & Ilia,.,.. ~ (1Wn'l ~fJlr..... WIrr' '*' r:I ~ WI, iUIHI o.a.6 C...... -' -..-..... .m'4 .........n... PtInI. Trull: ..."".'-.- ..~/ ... _.....rl '.'."-. FHInoI WAIt Tr_d: .CIaHIr t'7i\ tft lIili1 . t&f. till, ftll1, .... ,....,.... Mrt & ~ IilIIIPb fU, 1~194 .... a' .-m , I ...... , {- .~.~ 'k...~'. ~..s;.. .'t._'...., TWn L..II. .NJ!i ,po' 181.~1li' f ! :IlHah ,....... W... II loR 1M J "'" : "'1. ......... .. , .':". FEDERAL WAY Route Frequency ~..:..-=:.-=-~=.,":C...~~=~-- ..... ~._ --"',.~ -, 11I........__._.......... ''YII~ .._~- .... ~..-, _. ....,---, ...-..--............:- ::::.-::-.:::.c::...--:.-:.::--:::.::-...=-.:.-r..., :W-.':"'"""'~~ I" . (8 ~-.~~ + * ~ ,. . - F'iIllIwIy]., XM k.Int Cwnty " ~~ ,,,";"r,, ,d ,:1 LEGEND .. AlllIIlIa..... ....,..... -.. AIlIIIIlIa..... ... CIlIf..... r-- .. ..... NanIHn. - B~6~~m= III bHlDIIW . '~1.Ii: ,.J?':':1 c... AI&,....... ",..~ CIf.,,'...... w., lItull:Hlda INIlfMt "'It -m.-'74, ~ -- 110.. 111'I I i SlIt ...... PM 1..:t~1&3, 1*Un. ,. ,. ,N1,1lj, .... . + j;' /:" "'.... ..,.' ........... ..J' ...---.- -,,.- I n .- -- .-...... ,. ,l I ..;,/ _J.- , ,I!!!J . .~ . .~ , ._'~'~~:<t . FHiIrM ... Yr.. OInt. ""'.:1'4. .... 'Ill."" ftllP, ~ ~ ;~ ;1 '~ ',. "~ , ~~~\ hM~I"'" ! Ii- DIR LiI Nit, f74, m 1911 , ,j [!ID' Iii . .,tr ,..j"""" ~ '. . .~~~~. ". ~" ~f',-", (' ~ 'ii~. _ ~ J ,1 "... '.~"I I ~'I""""'." : , .... j - ....'.., ........, '. .... ~ -, .~:' "....<o~ ..-........ ....,........'''t .... .' .~, ... 'r 1 ". , " '1".... .... ". ". ..... ". ..... '... "'. ....... " -.... ......, ..... ti ........Jt. FEDERAL WAY Transit Routes ....- ---....--........,... ;.--- ..-..-.... ....... -- .........-- -r' .-----......IIIIIIfW.I:t.--..........., --- ......'II.._...._....~...._._... ~'C... -::.-= ~':'""..:~.:;-.a::..-= -.. _____-...._ ......It.__ ..._...-._..-_..~':- i.!~~~ ....'......-- .......... ~t, 2QCIi' 8 KIng County Al!Pendix E CITY OF FEDERAL WAY NON-MOTORIZED FACiliTIES Puget Sound .-. ... ....- .. .~~~~ .". :-) _-.,. ~T{ ....1 I .J I f ....- ... \ / ( I \ \' ~,il! J)!I 1;;11 " 'l'~! A .1>( (!jV / )1 If ,_ '(/ /7 '1 (1 !j { \\ \ \\ .-\ N Scale: o 1 Mile ~.____ _.~.~_J ~"'~ Federal Way City Limits Potential Annexation Area Class 1 (Separate Trail) Class 2 (Marked Bike Lanes) Class 3 (Bike Route) ~ Federal Way /" . /v' /'V /'V ~ Perteet May 14, 2007 Bicycle Facilities Plan Federal Way CTR Plan Federal Way CTR Employers Non-Motorized Facilities Map Source Date: OCtober 2006 Figure E Appendix F COMMUTE TRIP REDUCTION WORKSHOP SUMMARY City of Federal CTR Employer Workshop Tuesday, June 5, 2007 Federal Way City Hall On June 5,2007, the City of Federal Way held a meeting to discuss the CTR Efficiency Act with CTR-affected work sites in Federal Way. The following individuals were in attendance at the meeting: Worksho Participant Kris Hakola Donna McGhee Jane Finch Don Hall Eric Kaplan Bill Carson Jonathan Don Sarad Lon Aqenda: · Introductory Remarks - Sarady Long, City of Federal Way · Overview of CTR Efficiency Act - Jonathan Dong, Perteet Inc. · Group Discussions led by Jonathan Dong, Perteet Inc Summary of Small Group Discussions: 1, What are the challenges facing your organization as it implements the CTR program? · It is very difficult to convert people from using drive alone vehicles to non-drive alone vehicles because people want flexibility with their travel. · Some organizations have very limited resources and it is difficult to provide resources for the CTR program. · There is high turnover among staff at some organizations. · Transit is not accessibility to some of the work sites. · Van pools are hard to form because it is difficult to get at least five people together who have the same schedule, · Van pooling is difficult because it is hard to get drivers. . Van pooling is cost prohibitive. 2. What are your suggestions for improving the CTR program? . Implement tolls at bridges which will discourage people from driving, . Provide incentives for using non-drive alone modes, particular vanpooling. . Provide subsidy to vanpool if they are unable to fill the van with at least 6 riders. . Increase communication to commuters about non-drive alone alternatives. . Restructure the way van pools are charged, Instead of charging by the van, charge by the trip to allow for flexibility for more riders. . Allow vanpools to pick up other riders that do not regularly ride in the van, . Encourage employers to ofter telework which is very popular among commuters. 3. What types of assistance would you like to see from the City and Metro? . Provide monetary assistance for using non-drive alternatives . Follow up with the van pool program to allow for more flexibility with ridership and cost structure. . Increase marketing and promotional activities, A~endix G COMMUTE TRIP REDUCTION SUMMARY OF POLICIES THAT SUPPORT CTR COMPREHENSIVE PLAN GOALS AND POLICIES ANALYSIS This section provides a list of CTR supportive comprehensive plan goals and policies that the City of Federal Way either has or doesn't have. The right hand column identifies the policies that the jurisdiction has in place relating to the recommended goals and policies in the left hand column. If the jurisdiction doesn't have some of the recommended goals and policies listed below, then they may want to consider adding some of these recommended goals and policies to their comprehensive plan during the next update. Example Commute Trip Reduction & Growth Management Planning Policies Goals & Policies in Current Plans Land Use Element Inter-Agency Coordination Work with transit providers to provide transit that is fast, frequent and LUP46 reliable between urban centers, urban villages, GTEC's and accessible to most of the city's residences and businesses, Urban Growth Areas Enter into agreements and establish procedures for setting priorities, None programming, maintaining and financing for countywide, regional and state transportation facilities and services consistent with the GMA current federal transportation legislation Land use and transportation goals and decisions should be integrated None with one another and coordinated with adjacent jurisdictions and with the Regional Transportation Plan to determine the types and levels of transportation facilities to be provided within the unincorporated county, The county/city should use future land use projections to identify and Recommends provide for adequate safety, structural, rights-of-way and other possible adding to Camp. improvements that support vehicle transportation, non-motorized and transit needs of the region plus use alternative transit modes as areas develop. Integrate Commute Trip Reduction land use planning by requiring non- LUP17, 31, 32,41, motorized pedestrian connections between retail, living, and work places. 43 Non-motorized connects shall include, but not be limited to: transit connections, bus stops, sidewalks, bike facilities, trails and encouraging employers to participate in ride sharing programs. When evaluating land use changes to the Comprehensive Plan, None proposals should include an analysis of how the development furthers the goals of Commute Trip Reduction planning. Example Commute Trip Reduction & Goals & Policies Growth Management Planning Policies in Current Plans Pursue transportation demand management (TOM) strategies at the None local/regionallevel by coordinating with regional and state partners so customers see their travel choices and the various TOM promotions as a coordinated, integrated system that makes a difference in the community. Example: Regulations to influence travel behavior Marketing Improvements in services and facilities Require the integration of non-motorized and transit connections when LUP38 planning and developing urban centers or GTEC's. Establish urban centers and/or GTEC's where they can be served by LUP38 regional transit agencies, or work with the appropriate transit agency to expand service to the urban center within a reasonable timeframe. Urban Design Encourage new housing developments to be located in urban growth NA areas and small towns to help provide a sense of community and safe, non-motorized transportation to community facilities and public transit modes, Discourage transportation improvements that would trigger development NA that is premature or not consistent with applicable comprehensive plans, policies, or zoning. Provide aesthetic and functional amenities along pedestrian facilities, LUP25 such as water fountains, benches, trash receptacles, public art, and open spaces (such as seating plazas). Provide pedestrian, and bicycle connections in newly developing areas of LUP31,32 the city, promoting both internal access and linkages with the rest of the city. Incorporate transit-supportive and pedestrian friendly design features in LUP 38, FWCC new development through the development review process, Examples include: Provide pedestrian pathways that minimize walking distances to activities and to transit stops. Provide weather protection such as covered walkways or arcades connecting building developments, and covered waiting areas for transit and ridesharing. Incorporate guidelines for addressing that sidewalks and walkways are TP28, TP38, separated from the roadway by a landscaping strip or drainage swale. FWCC Example Commute Trip Reduction & Goals & Policies Growth Management Planning Policies in Current Plans Adopt pedestrian friendly design guidelines, especially in high pedestrian LUP25, FWCC activity zones, such as wide sidewalks, landscape buffers or strips, street trees, adequate lighting, traffic calming measures (such as traffic circles, curb bulbs, raised medians, speed tables and chicanes), special pavements, and bollards. Adopt development design standards that promote a pedestrian friendly LUP32 environment. Such standards May include reduced building setbacks, requirements for display windows, building entrances oriented toward the street, and locating parking lots to the rear or side of buildings. Secure bike lanes and trail improvements or easements through the None development review process to develop portions of the bicycle and pedestrian system. Require new developments to incorporate non-motorized features or None programs designed to promote use of alternatives to single-occupant vehicles, such as; · Preferential parking for car pools and van pools · Special loading and unloading facilities · Transit facilities, including comfortable bus stops, and waiting areas, adequate turning room, and where appropriate, signal preemption and queue-jump lanes · Bicycle parking and related facilities Inter-Agency Coordination Pursue strategies that make transit safe, secure, comfortable, and None affordable. Integrate multiple access modes, including buses, carpools, and None van pools , bicycles, and pedestrians. Integrate transit-oriented development opportunities with the private and None public sectors. Zoning Discourage the development of major, stand-alone park and ride facilities None with city limits. Situations where additions to park and ride capacity could be considered include: At the terminus for a major, regional transit system, When opportunities exist for "shared parking "(e.g., where transit commuter parking can be leased from another development. Such as a shopping center, movie theatre, church, etc,) Areas where alternatives to automobile uses are particularly inadequate (e.g" lack of direct transit system, or pedestrian and bicycle access) or cannot be provided in a cost-effective manner, Example Commute Trip Reduction & Goals & Policies Growth Management Planning Policies in Current Plans Allow a reduction in the number of required parking spaces if a Recommends development provides ride-share programs, car pool parking spaces, bike adding to Compo racks, lockers or other approved non-motorized parking options. Plan. Encourage transit oriented development and pedestrian friendly land use LUP38 characteristics through zoning and land use policies that encourage mixtures of land uses, increased densities in targeted areas with design standards, Adopt a parking credit program that allows developers to reduce the Recommends number of required parking spaces if they provide an alternative adding to Comp transportation program to drive alone vehicles. Plan. Housing Element Work with other jurisdictions to achieve a jobs/housing balance that None makes it possible for people to live closer to where they work. Promote quality, community-friendly residential development, through LUP 17, LUP 18 features such as enhanced open space and pedestrian connectivity. / Capital Facilities Element Explore the possibility of encouraging cooperative funding for bicycle None trails, Implement a methodology for public-private partnerships when it would CFP 27 result in a more efficient use of public resources. Aggressively seek funding opportunities for safety, mobility, intermodal, CFP 22 bicycle, pedestrian, neighborhood, and transportation demand management improvements Provide adequate and predictable funding to construct and maintain None pedestrian and bicycle capital projects. Effectively link pedestrian project funding and approval decisions to None priorities identified in the CTR plan, as well as the Non-Motorized element of the jurisdiction's Comprehensive Plan. Support a greater investment in pedestrian enhancements, and ensure None that all new transportation projects include funding for pedestrian improvements. Continue programs to construct, maintain, and repair sidewalks. None Assign high priority to pedestrian and bicycle projects that provide access None to major employment areas and activity centers, provide linkages to transit, complete planned bicycle facilities and provide system connectivity. Example Commute Trip Reduction & Goals & Policies Growth Management Planning Policies in Current Plans Effectively link TOM program funding and approval decisions to priorities None identified in the CTR plan, as well as the transportation element of the jurisdiction's Comprehensive Plan. Utilities Element Secure sidewalk and trail easements over existing utility lines where ever None feasible Transportation Element Carpools, Vanpools, & Ride Share Ensure that the city as an employer sets a positive example by None maintaining a strong transportation demand management program for its employees. Pedestrian System Connectivity The city should ensure that continuous and/or direct bicycle lanes are TP62 provided between all jurisdictions and major activity centers, Consider pedestrians along with other travel modes in all aspects of TP54, TP62 developing the transportation system, Provide safe and convenient pedestrian access in all new and improved transportation projects, unless exceptional circumstances exist. Remove barriers and deterrents along the existing pedestrian system to TP57, TP64 create better access between employment facilities, residential and other uses, Coordinate the local jurisdiction's existing and planned pedestrian system TP 55, TP65,TP66 with adjacent jurisdictions to provide a continuous, coordinated system, especially when major employment and activity centers are nearby, Secure sidewalks and trail improvements or easements through the TP10, TP62 development review process to develop portions of the pedestrian system, Pedestrian Safety and Security Adopt and use national (American Association of State Highway and None Transportation Officials, AASHTO) design standards for pedestrian facilities, Address the special needs of citizens with various degrees of mobility in TP53, TP70 planning, designing, implementing and maintaining pedestrian facilities. Provide consistently designed pedestrian activated signal crossings, and None consider technologies that enhance pedestrian safety at crossings, such as longer crossing times and audible crossings, Example Commute Trip Reduction & Goals & Policies Growth Management Planning Policies in Current Plans Consider access management to reduce the number of conflict points TP22 (driveways) between pedestrians and vehicles, thereby improving pedestrian safety. Ensure that pedestrian facilities are designed and monitored to improve TP 57 security and safety, through lighting, openness, vegetation upkeep and security features such as panic buttons at key locations. Design mid block crossings with safety as a high priority, and consider None improvements such as pedestrian crossing signals, flared curbs (bulbouts), pedestrian refuge islands, medians, and adequate sight distance around parked vehicles, Pedestrian and Bicycle Convenience Conduct periodic analyses of bicycle and pedestrian environments in and None around urban centers and regional transit stations to identify deficiencies and to plan access improvements, Include bicycle facilities in the six-year capital improvement program (for None trails that will be utilized by bikes) or the six-year transportation program (for widening shoulder projects that will accommodate bikes). Implement way-finding (signage) along sidewalks and trails that direct None pedestrians to key locations or destinations, such as major activity centers, business districts, institutions, major medical facilities, parks or recreational facilities. Provide internal pedestrian circulation systems within and between TP62, TP64, TG4 existing, new or redeveloping commercial, multi-family or single family developments, and other appropriate activity centers. Provide convenient connections to frontage pedestrian systems and transit facilities. Encourage transit use by improving pedestrian and bicycle linkages to the TP74, TP71 existing and future transit and school bus system, and by improving the security of and utility of park-and-ride lots and bus stops. Provide bicycle connections and secure bicycle parking and storage TP 55 convenient to major transit facilities; increase the number of secure parking areas for bicycles, Conduct bicycle transportation studies to improve safety and overall None quality of bicycling. Cooperate with the public and private schools, bicycle clubs and other TP56 interests groups to provide education and strategies to promote safe riding skills and the transportation and recreation opportunities of bicycling, Example Commute Trip Reduction & Goals & Policies Growth Management Planning Policies in Current Plans Improve mobility and safe access for walking and bicycling, and create incentives to promote non-motorized travel to employment centers, commercial districts, transit stations, schools and major institutions, and recreational destinations TPS4,S6,S7,64 Update and review the Pedestrian and Bicycle transportation Plan every five years. The updates should consider the existing and future role of the single-occupant vehicle in relation to non-motorized and public transportation modes, as well as newly annexed areas, areas experiencing unforeseen development and/or redevelopment, and other emerging issues. Develop an effective "share the road/share the trail" concept for pedestrian and bicycle education programs for the motorized and non- motorized public. None Recommends adding to Compo Plan Accessibility Sidewalks or pedestrian facilities should be located along all both sides of all arterials, collectors, and at least one side of most local streets. Pedestrian facilities should be wide enough to allow the disabled, such as wheelchair users, to access them, usually a minimum of 5' to 6', A wider facility should be provided along principal arterials (generally a minimum of 8'), or in business districts that attract more pedestrians. Direct pedestrian linkages should be considered whenever possible, to connect between internal land uses and arterials. This reduces walking distances to transit stops and commercial uses. TPSO TPS3, TP62, FWCCC TPS1, TPS4 Public Transportation Encourage interconnections and time coordination of public transportation TP67, 68, TP71 modes (bus, coach and rail) to increase level of service and ridership. Work with transit providers to provide transit service that is fast, frequent, TP71 and reliable between urban centers and urban villages and that is accessible to most of the city's residences and businesses. Pursue strategies that make transit safe, secure, comfortable, and affordable. Support development of an integrated, regional high capacity transit TP2S, 31, 33, TG6 system that links urban centers within the city and the region. Develop partnerships with transit providers to implement projects TP71, TP74, TP68 providing neighborhood-to-transit links that improve pedestrian and bicycle access to transit services and facilities. Example Commute Trip Reduction & Goals & Policies Growth Management Planning Policies in Current Plans Coordinate with regional, state, and federal agencies, local governments, TP71, TG2 and transit providers when planning and operating transportation facilities and services in order to promote regional mobility for people and goods and the urban center approach to growth management. Design transit access into large developments, considering bus lanes, TP73, 75 stops, shelters, non-motorized lanes & facilities as part of the project design Coordinate with transit providers and the private sector to develop and TG5, TP58, 59, 66 implement compatible transportation demand management regulations and strategies that are consistent with the Commute Trip Reduction Act. Work with car share companies to provide car share opportunities at key None locations, such as major employers, business districts, and high density residential areas. Provide preferential lanes, such as High Occupancy Vehicle (HOV) lanes TP42, TP60, TG7 on roads which will benefit commuters the most, such as those with major transit routes, and those experiencing the greatest congestion. Ferries For water-borne travel across Puget Sound, encourage the expansion of None the passenger-only ferry service and land-side facilities and terminals that encourage walk-on (by-foot, bicycle, transit) trips rather than ferry travel with automobiles, Coordinate ferry arrivals and departures with mass transit systems to None ensure an efficient flow of people and traffic, Education and Encouragement Educate the general public and public officials about the economic, None transportation system performance, environmental, health and social benefits of walking and biking and develop improved programs to encourage increased levels of walking and biking, Educate drivers and pedestrians about pedestrian safety issues, and TP56 enforce pedestrian related laws. Consider the formation of a pedestrian advisory committee to provide Already in place input to the jurisdiction (staff and elected officials) on pedestrian related issues and needs, as well as review of major transportation projects to ensure that pedestrian needs are adequately addressed or considered. Example Commute Trip Reduction & Goals & Policies Growth Management Planning Policies in Current Plans Develop a pedestrian walking/biking map that is focused on major activity Already exist centers, such as business districts or major employment areas. The map should identify sidewalks, trails, bike routes, transit corridors and bus stops/transit centers, and key activity centers such as institutional uses and government centers, major employers, commercial or retail areas, parks, and other points of interest. Monitoring Ensure that the local government monitors the results of its TOM TG5 programs and policies, and continually evaluate changes needed to improve mode split goals. Continually evaluate large employer CTR program effectiveness and TG5 reduce the employer threshold if needed to achieve the jurisdiction's mode split goals, Economic Development Element Funding Mechanisms Promote public awareness of the impact travel choices have on None household finances, personal quality of life, society, and the environment, and increase awareness of the range of travel choices available. Employment Require large employers to implement a commute trip reduction program None for employees, as mandated by the Commute Trip Reduction Act. The county/city should encourage employers in urbanized areas to offer None staggered work hours or flextime and other Transportation demand Management programs such as parking management, ride match services and preferential parking of van pools, carpools, covered bike racks, lockers and showers at work sites, Encourage employers to provide information and marketing on commute None alternatives, such as transit schedules, rideshare information, and guaranteed ride home programs. Encourage employers to develop telecommuting options, which allow None employees to work one or more days at home or at a "satellite work center" closer to their homes. Encourage employers to allow flexible work schedules or compressed None work weeks to help reduce the number of vehicles using local and regional roadways, Encourage major employers to provide daycare opportunities onsite or None nearby. Example Commute Trip Reduction & Goals & Policies Growth Management Planning Policies in Current Plans Encourage employers to provide subsidies to employees who commute using other modes, such as free or reduced prices for transit passes, or discounted parking for rideshare vehicles, Parks & Open Space Element Provide for adequate roadway, pedestrian, and bicycling connections in newly developing areas of the city, promoting both intemal access and linkages with the rest of the city. Identify areas to be designated as pedestrian promenades, with pedestrian friendly environments. Provide for uniform bicycle and pedestrian markings and design standards for travel along city bikeways and walkways. None No P&O Element No P&O Element No P&O Element Al?j)endix H GLOSSARY OF TERMS GLOSSARY OF TERMS Affected Employee: Under the Commute Trip Reduction (CTR) law, an affected employee is a full-time employee who regularly begins work between 6 a.m. and 9 a,m., at a single work site, on two or more weekdays for at least 12 continuous months. Affected Employer: An employer is "affected" under the CTR law if there are at least 100 "affected" employees at a single work site. Alternative Work Schedules: AWS programs offer alternatives to the typical eight-hour work day. Options include flex-time, a compressed work week, and staggered work hours. Automobile Dependency: Transportation and land use patterns that result in high levels of automobile use and limited transportation alternatives, In this case, "automobile" includes cars, vans, light trucks, SUVs and motorcycles Base Year: The CTR law requires affected employers to measure the results of their employee trip program against base year values for VMT and drive alone vehicles. The goal year is 2011, Bus Rapid Transit: Special lanes dedicated to transit buses, often incorporating other features to insure high quality transit service. Carpool: Two to six people age 16 and older, sharing the ride in an automobile to and from the work place. Commute: The trip made by an employee between their home and work locations, regardless of the distance or mode used, Compressed Work Week: A work week that is compressed from the typical five-day, 40 hour work week into a shorter work week but maintaining the same number of hours, Commute Trip Reduction Program: A CTR program is comprised of strategies used by an employer to reduce employee use of single-occupant vehicles (SOVs) and the vehicle miles traveled (VMT) per employee, The CTR program specifies the measures to be used that will achieve the target goals. Drive Alone Vehicles: A vehicle that is occupied by one person, Employee Transportation Coordinator: The CTR law requires employers to appoint an employee transportation coordinator, or ETC, The personal is personal change agent who provides the "human touch" needed to remedy traffic congestion and air pollution problems. An ETC is the organization's key contact person providing commuting information to employees and liaison activities with transit agencies and local jurisdictions. The ETC creates marketing strategies, administers employee ridesharing programs, and measures results. Guaranteed Ride Home (GRH): GRH programs provide an emergency ride home for employees who commute to work in a ridesharing mode and have an illness or emergency. Typically, an employee can take a cab ride home and charge the ride to their employer's account or be reimbursed for the expense, High-Occupancy Vehicle (HOV): a passenger vehicle carrying more than a specified minimum number of passengers. HOVs include carpools, vanpools, and buses. HOV requirements are often indicated as 3+ (three or more passengers required) or 4+ (four or more passengers required). HOV Lane: This is a traffic lane limited to carrying high occupancy vehicles (HOVs) and certain other qualified vehicles. HOT Lanes (High Occupancy Toll Lanes): HOV facilities that allow lower occupancy vehicles, such as solo drivers, to use the facility if they pay a toll. This offers users three options: drive alone on an unpriced but congested general purpose lane, drive alone and pay to use a less congested lane, or rideshare (carpool, van pool or ride transit) to use a less congested lane without any additional fee. Mobility: The movement of people and goods. Mobility Management (Also called Transportation Demand Management): Various strategies that change travel behavior (how, when and where people travel) in order to increase transport system efficiency and achieve specific objectives such as reduced traffic congestion, road and parking cost savings, increased safety, improved mobility for non-drivers, energy conservation and pollution emission reductions. Nonmotorized Transportation (also known as Active Transportation and Human Powered Transportation) includes Walking, Bicycling, Small-Wheeled Transport (skates, skateboards, push scooters and hand carts) and Wheelchair travel. Parking Management: Strategies aimed at making better use of available parking supply. Parking management strategies include preferential parking or price discounts for carpools and/or short- term parkers, and disincentives, prohibitions and price supplements for those contributing more to congestion, Parking Pricing: Strategy to reduce automobile use by requiring motorists to pay directly for using parking facilities. Time variable parking pricing can be used as a congestion reduction strategy, Parking Cash-Out: This means that people (typically commuters, and sometimes residents of multi-family housing) who are offered a free parking space are also offered the cash equivalent when they use alternative transportation modes and so do not impose parking costs. Ridesharing: Ridesharing is any cooperative effort of two or more people sharing a motor vehicle traveling to a common destination, such as a work site, Carpools and vanpools are common forms of ridesharing. Smart Growth: Land use development practices that create more resource efficient and Livable communities, with more Accessible land use patterns. An alternative to sprawl. Sprawl: Dispersed, low-density, single-use, automobile dependent land use patterns. Stakeholder: Individuals or groups that are affected by a decision and have an interest in its outcome, Teleworking: Teleworking involves the use of telephones, computers, and other technology to work from a location other than a conventional office. Transportation Demand Management (TOM): Various strategies that change travel behavior (how, when and where people travel) in order to increase transport system efficiency and achieve specific objectives such as reduced traffic congestion, road and parking cost savings, increased safety, improved mobility for non-drivers, energy conservation and pollution emission reductions. Also called Mobility Management. Transportation Management Association (TMA): A TMA is a partnership or organization that brings interested parties together to work on transportation issues. Vanpool: A van pool consists of seven to fifteen people sharing their commute in a passenger van, generally riding to the same place of employment. Vehicle Miles Traveled: Number of miles a vehicle has traveled for a commute, ~ CITY OF" .......? Federal Way STAFF REPORT TO THE PLANNING COMMISSION Public Hearing of September 17, 2008 Proposed Zoning Regulations for Outdoor Storage Containers and Portable Moving Containers (City File No. 08-102684-00-UP, Related File No. 08-103570-00-SE) Text Amendments to Federal Way City Code (FWCC) Chapter 22, "Zoning" Article I, "Definitions"; Article IV, ''Nonconformance'': Article XI, "District Regulations," Sections 22-605 (SE), 22-639 (RS), 22-674 (RM), 22-697 (PO), 22-724 (BN), 22-754 (Be), 22-799 (CC-C), 22-812 (CC-F), & 22-829 (OP); Article XI, Section 22-865 (CE); and Article XIII, "Supplementary District Regulations" I. BACKGROUND AND PURPOSE OF AMENDMENTS The Community Development Services Department staff is proposing text amendments to the above-noted sections of the zoning code (Federal Way City Code [FWCC] Chapter 22, "Zoning"). The principal purpose of the amendments is to establish zoning regulations for outdoor storage containers (commonly called "cargo," "shipping," or "storage" containers) and portable moving containers, such as "PODS" (Personal On Demand Storage). City staff is receiving an increasing number of requests to place such containers for various purposes in both commercial and residential zones. However, they are not specifically addressed in the zoning code, except schools are allowed to use cargo containers for the storage of emergency preparedness supplies. All other requests must be handled administratively on a "case-by-case" basis. This translates into more review time for staff, as well as a sense of uncertainty for applicants. The absence of specific regulations also raises concerns about potential adverse impacts as they may relate to the use, placement, design, and screening of these units. Outdoor storage containers are cargo or shipping containers constructed of corrugated metal or prefabricated steel. Typically they measure 8 feet wide, 8 feet tall, and 40 feet long. Cargo containers were originally used to hold and transport goods and materials via ships, trains, or trucks, and were generally confined to seaports, shipping yards, and other industrial areas. While they are still used for industrial-scale shipping operations, they are also used in non-industrial areas for inexpensive, permanent storage of equipment, supplies, inventory, and other property; or for temporary storage of construction-related materials and equipment. Portable moving containers, such as "PODS," are constructed similarly to cargo containers but are typically smaller. These are used for temporary moving and storage activities in both residential and commercial areas. Planning Commission Staff Report Outdoor Storage Container Text Amendments File #08-102684-00-UP Page 1 II. SUMMARY OF PROPOSED AMENDMENTS The proposed text amendments will establish zoning regulations for outdoor storage containers, such as cargo containers, and for portable moving containers, such as "PODS." This includes defmitions of the containers, use allowances, administrative review, design and screening criteria, and related requirements. All outdoor storage containers and portable moving containers would have to be accessory to the principal use and not the sole use of a site. Permanent outdoor storage containers would be allowed in conjunction with any permitted principal use in non-residential zones, subject to the applicable regulations. In residential zones, they would be allowed only in conjunction with institutional uses (as defined in current code) or quasi-public uses (as defined in the proposal). As temporary storage, outdoor storage containers would be allowed in conjunction with construction-related activities in any zone. This is consistent with current code, which allows construction-related trailers for job shacks or real estate offices, and previous City determinations. Such temporary units would continue to be the only allowed temporary use of outdoor storage containers city-wide, in order to avoid a proliferation of unscreened units and enforcement issues related to temporary time lines. All permanent or temporary outdoor storage containers would be subjectto Process I, Director's Approval, or the process that applies to the overall project. Portable moving containers are temporary by defmition. They would be allowed in any zoning district for a period of up to 60 days, with written approval by the City, and possible extension of the time line. No specific design and screening standards would apply to these units, except only one such unit could occupy a residential lot at a time, certain setbacks must be met, and the unit may not interfere with streets, sidewalks, or safe sight distance. Additional restrictions could be imposed by the City if necessary. Except for construction-related storage, emergency or related supplies storage, and portable moving containers, permanent outdoor storage containers would be included in gross floor area and impervious surface calculations for development or redevelopment projects. This should help control the number of containers that could reasonably be placed on a site, in conjunction with other site design requirements, such as setbacks, parking, storm drainage, and landscaping. Also proposed is a 24-month compliance period for illegal nonconforming outdoor storage containers to comply with the new code. The compliance period will not apply to temporary storage containers, portable moving containers, or previously approved cargo containers. At this time, the City has inventoried existing cargo containers and notified property owners and occupants about the pending code amendments and opportunities for them to testify or comment on the proposal. The proposed amendments incorporate direction from the Planning Commission at a June 18, 2008, work session. They also include other key amendments, such as allowing the sale or rental of outdoor storage containers as a principal use in the Commercial Enterprise (CE) zone and clarifications to the accessory use provisions and related definitions. ID. STAFF ANALYSIS OF PROPOSED AMENDMENTS TO FWCC CHAPTER 22, "ZONING" Provided below is a description of amendments proposed within each exhibit (Exhibits A through E, attached) and related staff analysis. Refer to the exhibits for the full text of the amendments. 1) Exhibit A - Article I, "General," Section 22-1, "Definitions" Planning Commission Staff Report Outdoor Storage Container Text Amendments File #08-1 02684-00-UP Page 2 Amendments: (a) Clarify the definitions of "accessory," "building," and "structure"; (b) Add a new definition for "outdoor storage containers"; (c) Add a new definition for "portable moving containers"; and (d) Add a new definition for "quasi-public use." Staff Analysis of Exhibit A Amendments: (a) The amendments to "accessory," "building," and "structure" add specificity, clarify code intent, and avoid the need for interpretations (in conjunction with related amendmentsl). (b) & (c) The proposed definitions of "outdoor storage containers" and "portable moving containers" are necessary to define these newly regulated uses, distinguish between various containers, direct readers, and help implement related new regulations.2 (d) The proposed definition of "quasi-public use" helps implement the proposed outdoor storage container regulations as they relate to these principal uses. 2) Exhibit B - Article IV, ''Nonconformance,'' Section 22-338.3, "Nonconforming Outdoor Storage Containers" Amendments: Establish nonconformance provisions for permanent outdoor storage containers. Staff Analysis of Exhibit B Amendments: These amendments establish the regulatory criteria by which permanent outdoor storage containers attain legal nonconforming status and the circumstances under which such status is lost and the container must conform to code (including a proposed 24-month compliance period and other regulations3 under Exhibit E, below). Nonconformance provisions are customarily incorporated into code amendments that are known to create nonconforming uses or structures. Such nonconformance provisions have been adopted by the City in the past, e.g. nonconforming water quality improvements and nonconforming accessory dwelling units. 3) Exhibit C - Article XI, "District Regulations," Sections 22-605 (Suburban Estates, SE), 22-639 (Single Family Residential, RS), 22-674 (Multifamily Residential, RM), 22-697 (professional Office, PO), 22-724 (Neighborhood Business, BN), 22-754 (Community Business, BC), 22-799 (City Center-Core, CC-C), 22-812 (City Center-Frame, CC-F), and 22-829 (Office Park, OP) Amendments: Delete an existing allowance for schools to use cargo containers for on site storage of emergency preparedness supplies, because this provision is superseded (but preserved) by other related amendments.4 Staff Analysis of Exhibit C Amendments: This is mainly a format change, in that the allowance is relocated in the code, but preserved and expanded in related substantive amendments (see Exhibit E). 4) Exhibit D - Article XI, "District Regulations," Section 22-865, "Commercial Enterprise (CE), Vehicle, Boat, and Equipment Sales, Rental, Service, Repair - Self Service Storage - Tow and Taxi Lots" ] Article XllI, Division 1, Section 22-946, "Accessory Uses and Structures" 2 Article XllI, Division 1, Section 22-964 and Division 8, Section 22-1114, Regulation of portable moving containers and outdoor storage containers, respectively. 3 Article XllI, Division 8, Section 22-1115 4 Article XllI, Division 8, Section 22-1114(1) Planning Commission Staff Report Outdoor Storage Container Text Amendments File #08-102684-00-UP Page 3 Amendments: Amend the title and list of permitted uses in order to include the sale, lease, or rental of outdoor storage containers and portable moving containers; subject to location, fencing and screening criteria and units may not be stacked. Staff Analysis of Exhibit D Amendments: The code does not currently accommodate this use in any zone and the amendment preempts a future code interpretation to determine where it should be allowed. CE is the appropriate zone for this use because it is analogous to the sale or rental of vehicles, boats, trailers, and other equipment and is consistent with the broader mix of uses contemplated for the CE zone by the comprehensive plan. The proposed regulations for the placement, fencing, and screening regulations for outdoor storage yards associated with this use are consistent with other outdoor storage yards and the stacking limit addresses any bulk and scale concerns. 5) Exhibit E - Article XIII, "Supplementary District Regulations" Amendments: a) Table of contents (section list). Reflects the title and format changes. b) Division 1, Section 22-946. Clarifies and adds specificity to the accessory use regulations. c) Division 1, Section 22-963. Expands existing regulations allowing temporary trailers for construction and real estate sales offices for construction-related activities, to include outdoor storage containers for construction-related materials; specifies Process I; requires containers to be placed to minimize visibility from surrounding areas and painted a neutral color or screened from view if the director deems it necessary to minimize visual impacts; and the director is authorized to extend the six-month time limit for temporary construction- related trailers, offices, and containers. d) Division 1, Section 22-964. Establishes the regulations and the required notification process for temporary portable moving containers, as allowed in any zone. The size, material, and design of the container must be consistent with the moving industry standard for the particular use and setting; containers may not be placed in required side or rear yards, in critical areas setbacks, or interfere with safe sight distance or traffic circulation; residential lots may have only one container at a time; applicants must notify and receive permission from the City before placing the container; containers must be removed within 60 days in any 180-day period unless an extension is permitted in writing by the City; and the City may require a bond to cover the cost of removing the container, if necessary. e) Division 8, Section 22-1113. Paragraphs (1) & (2). Clarifies process (Process I), format, and content as it applies to allowing outdoor storage areas. Paragraph (3)(b). Clarifies landscape standards for storage areas and adds administrative discretion for landscaping based on the location and visibility of the storage area. Paragraph (3)(d). Deletes an erroneous height allowance for items stored out of doors in certain locations to be as tall as the primary structure; clarifies that the six-foot height limit applies to uncontained (not contained) items; and adds an administrative modification to exceed the six-foot limit considering location of the storage area and screening methods. Paragraph (5). Exempts temporary storage containers, portable moving containers, and emergency supplies and related storage from a calculation of gross floor area. f) Division 8, Section 22-1114 Paragraphs (I) & (2). Allows permanent accessory outdoor storage containers in any non- residential zone, and allows them in residential zones only in conjunction with institutional or quasi-public uses. All outdoor storage containers are subject to Process I, Director's Approval, or the process that applies to the overall project. Planning Commission Staff Report Outdoor Storage Container Text Amendments File #08-102684-00-UP Page 4 Paragraph (3). Establishes design criteria for outdoor storage containers. Must be placed to minimize visibility from surrounding areas; may not be located between the principal building and front property line; may not be stacked, refrigerated, or used for office, sales, or other habitable space; must be painted to match the adjacent building or improvements; no loose material may be stacked on or near it unless otherwise approved; and must be screened the same as other outdoor storage areas, with director discretion. Containers located on or adjoining a residentially zoned property shall receive 100 percent sight obscuring screening, except the director may modify the placement and/or screening requirements for units storing emergency and related supplies in conjunction with institutional and quasi-institutional uses. g) Division 8, Section 22-1115 Paragraphs (1) & (2). Establishes permit requirements for outdoor storage containers; authorizes the director to deny the application unless the container has legal nonconforming status under FWCC Article IV, "Nonconformance" (see amendments under Exhibit B, above); and establishes a 24-month time limit for illegal nonconforming outdoor storage containers to comply with the new code or the City may apply enforcement remedies. h) Division 9, Section 22-1133(10). Allows construction-related temporary outdoor storage containers to be located in a required front yard of an occupied single family residential lot if the container is approved under the applicable regulations, and portable moving containers to be in a required front yard of any lot, for containers approved under the applicable regulations. Staff Analysis of Exhibit E Amendments: a) Section and title changes are necessary for consistency with internal changes. b) Clarifying and adding specificity to the accessory use regulations will eliminate previous uncertainties about the intent of this section and help ensure that accessory structures are secondary to the principal structure in size, scale, design, and purpose. c) Allowing construction-related outdoor storage containers (along with temporary construction-related trailers and real estate offices) codifies previous interpretations, and the proposed placement and screening criteria addresses aesthetic impacts. The administrative extension to the six-month time line adds flexibility for applicants and a control mechanism for the City (prior to any enforcement actions). d) Allowing portable moving containers (such as "PODS") in any zoning district, subject only to written City approval, recognizes their relatively low associated impacts. However, the minimum criteria will ensure compatibility with surrounding areas and allow the City to impose restrictions if necessary. e) The proposed clarifications and refinements will improve code efficiency. Process I is specified for proposals dealing solely with outdoor storage areas. The existing provision for materials stacked out of doors in certain areas to be as tall as the primary structure does not meet code intent and should be deleted in conjunction with other clarifications to the section. Amendments related to architectural and landscape screening standards will increase clarity and consistency with other applicable codes, such as landscaping and design guidelines, and adding director discretion provides flexibility for dealing with the unique characteristics of a site or proposal. Exempting temporary and emergency-related containers from gross floor area is consistent with other, similar, existing code exemptions. Other permanent outdoor storage containers would continue to be included in gross floor area and impervious surface calculations, consistent with previous interpretations. This will help control the number of containers that can reasonably be placed on a site, in conjunction with other site design requirements such as setbacks, parking, storm drainage, and landscaping. f) These amendments identify the appropriate locations, process, and design standards to ensure that permanent outdoor storage containers are compatible with the zoning of the site Planning Commission Staff Report Outdoor Storage Container Text Amendments File #08-102684-00-UP Page 5 and surrounding areas. Additional flexibility in the design and placement standards as they apply to institutional or quasi-public uses storing emergency-related supplies will help facilitate such essential services in the public interest. g) A 24-month compliance period allows owners of illegal cargo containers a reasonable amount of time to comply and a date certain on which the City can expect compliance and related aesthetic improvements. The City has inventoried existing cargo containers and notified property owners and occupants about this proposal and opportunities to testify or comment. The compliance period does not apply to temporary containers, portable moving containers, or previously approved containers. h) Allowing front yard intrusions for temporary portable moving containers in any zone, and for temporary construction-related containers in residential zones, recognizes the customary placement of these units and lack of flexibility that often occurs on occupied residential lots. IV. PROCEDURAL SUMMARY On June 18, 2008, the Planning Commission held a study session on the preliminary amendments and provided direction to staff. On August 23, 2008, the City issued an Environmental Determination of Nonsignificance (DNS) on the proposed amendments, with a comment deadline of September 8, 2008 and an appeal deadline of September 22,2008. No comments on the DNS have been submitted to the City by the date of issuance of this staff report. Public notice of the September 17, 2008, public hearing was published and posted on August 30,2008, in accordance with the City's procedural requirements. V. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan; The proposed FWCC zoning text amendments are consistent with the following goals and policies contained the Federal Way Comprehensive Plan (FWCP): LUGl Improve the appearance and function of the built environment. LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUP 15 Protect residential areas from impacts of adjacent non-residential uses. LUP6 Conduct regular reviews of the development regulations to determine how to improve upon the permit review process. 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 uses through site and building design and development standards that reduce Planning Commission Staff Report Outdoor Storage Container Text Amendments File #08-1 02684-00-UP Page 6 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- street interconnectivity between adjoining properties where feasible. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWCC text amendment bears a substantial relationship to the public health, safety, and welfare because it establishes use and development regulations that are not provided in the current code, for the accessory use of outdoor storage containers, portable moving containers, and sales or rental of such units; establishes the appropriate locations, processes, design, and other related requirements; and clarifies and refines various related codes in order increase the efficiency of the development review process. 3. The proposed amendment is in the best interest of the residents of the City. Approval of the proposed code amendment would benefit the City as a whole as it addresses a currently-unaddressed and emerging accessory land use, an unaddressed principal use, responds to public inquiries and requests for outdoor storage containers, and makes allowances for such containers while ensuring their appropriate placement and screening to ensure project aesthetics and compatibility with surrounding areas. VI. PLANNING COMMISSION REVIEW AND ACTION Pursuant to FWCC Section 22-520(b), the City Council may review City-initiated changes to the text of the zoning code from time to time at the Council's discretion. The Planning Commission is being asked to review the proposed changes to the zoning code and forward a recommendation to the City Council. FWCC Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is to review and evaluate the zoning code text regarding any proposed amendments, to determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528, and to forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1) Recommend to the City Council adoption of the FWCC text amendments as proposed; 2) Modify the proposed FWCC text amendments and recommend to the City Council adoption of the FWCC text amendments as modified; 3) Recommend to the City Council that the proposed FWCC text amendments not be adopted; or 4) Forward the proposed FWCC text amendments to the City Council without a recommendation. VII. STAFF RECOMMENDATION Based on the above staff analysis and decisional criteria, staff recommends that the following amendments to FWCC Chapter 22, "Zoning," be recommended for approval to the City Council. 1) Amendments as set forth in Exhibit A to Section 22-1, "Definitions," amending the definition of "accessory," "building," and "structure," and adding definitions for "outdoor storage container," portable moving container," and "quasi-public use." Planning Commission Staff Report Outdoor Storage Container Text Amendments File #08-102684-00-UP Page 7 2) Amendments as set forth in Exhibit B to Article IV, "Nonconformance," establishing nonconformance provisions for outdoor storage containers. 3) Amendments as set forth in Exhibit C to Article XI, "District Regulations," Sections 22-605 (SE), 22-639 (RS), 22-674 (RM), 22-697 (PO), 22-724 (BN), 22-754 (BC), 22-799 (CC-C), 22- 812 (CC-F), and 22-829 (OP) deleting an allowance for schools to use cargo containers for on site storage of emergency preparedness supplies (this provision is preserved in Article XIII, "Supplementary District Regulations"). 4) Amendments as set forth in Exhibit D to Article XI, "District Regulations," Section 22-865, "Commercial Enterprise (CE), Vehicle, Boat, and Equipment Sales, Rental, Service, Repair - Self Service Storage - Tow and Taxi Lots," amending the title and list of allowed principal uses to include the retail sale, lease, or rental of outdoor storage containers and portable moving containers and related regulations. 5) Amendments as set forth in Exhibit E to Article XIII, "Supplementary District Regulations," clarifying accessory use regulations, addressing temporary outdoor storage containers for construction-related storage, clarifying outdoor storage regulations, amending gross floor area, establishing regulations and standards for portable moving containers, establishing regulations and standards for permanent accessory outdoor storage containers, establishing permit requirements including a 24-month compliance period for illegal nonconforming outdoor storage containers, and amending front yard intrusions as they relate to certain temporary containers. EXHIBITS Exhibit D: Exhibit E: Proposed Amendments to Article I, Section 22-1, "Definitions" Proposed Amendments to Article IV, ''Nonconformance'' Proposed Amendments to Article XI, Sections 22-605 (SE), 22-639 (RS), 22-674 (RM), 22-697 (PO), 22-724 (BN), 22-754 (BC), 22-799 (CC-C), 22-812 (CC-F), and 22-829 (OP) Proposed Amendments to Article XI, Section 22-865, "Commercial Enterprise (CE)" Proposed Amendments to Article XIII, "Supplementary District Regulations" Exhibit A: Exhibit B: Exhibit c: Report prepared by: Lori Michaelson, Contract Senior Planner K:\2008 Code Amendments\Cargo Containers\Planning Commission\09l708 Meeting\Final Staff Report 9-10-08.docx Planning Commission Staff Report Outdoor Storage Container Text Amendments File #08-102684-00-UP Page 8 EXHIBIT A PROPOSED TEXT AMENDMENTS Federal Way City Code (FWCC) Chapter 221 IIZoningJJ Article II Section 22-11 IIDefinitionsl1 (City File No. 08-102684-00-UP) Federal Way City Code Chapter 22 - Zoning Article I - In General OUTDOOR STORAGE CONTAINERS TEXT AMENDMENTS (September 10, 2008) Sections: 22-1 Definitions. 22-2 Authority. 22-3 Purpose. 22-4 Reserved. 22-5 Reserved. 22-6 Modification of interpretation - Permits unaffected. 22-7 Variance, permit, decision or discretionary approval. 22-8 Conflict of provisions. 22-9 Effective date. 22-10 Easement agreements approved by the city attorney. 22-11 Violation of this chapter. 22-12 - 22-30 Reserved. 22-1 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned means knowing relinquishment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use ofthe property. "Abandoned" shall include but not be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure. Abandoned personal wireless service facility means a PWSF that meets the following: (1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or (2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or (3) The antenna has been relocated at a point less than 80 percent of the height of the support structure; or (4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. Accessory means a use, activity, structure or part of a structure which is subordinate and incidental in size. scale. desien. or purpose to the main aetiyity principal use or structure on the subject property": 1 and supports the principal use or structure without displacine or dominatine it. See FWCC 22-946. GeBeFaUy, aooessory I:lses, faoilities lHld aeti'/ities Bormally asseeiated with a permitted I:lse afe permitted as part ofthatl:lse. Accessory dwelling unit (ADD) means either a freestanding detached structure or an attached part of a structure which is subordinate and incidental to the main or primary dwelling unit located on the subject property, providing complete, independent living facilities exclusively for one single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation. (1) ADU; attached means an accessory dwelling unit that has one or more vertical and/or horizontal walls, in common with or attached to the primary dwelling unit. FWCC Chapter 22, Article 1, "Definitions" OSC Code Amendment - September 10, 2008 Page 1 of21 (2) ADU, detached means a freestanding accessory dwelling unit that is not attached or physically connected to the primary dwelling unit. Accessory hardship dwelling unit means an attached ADD which satisfies the criteria set forth in FWCC 22-965. Accessory livingfacility means an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee's family, or for the business owner/operator and that person's family. Adjoining means property that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is 100 feet or more from a low density zone is not considered to be adjoining that zone. Adult entertainment, activity, retail, or use shall mean all of the following: (1) Adult theater shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified "sexual activities" or "specified anatomical areas" (defined below) for observation by patrons therein and which excludes minors by virtue of age. (2) Adult entertainment shall mean a cabaret, nightclub or other establishment which features go- go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined below) and which establishment excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in FWCC 9-71(a) and (b). (3) Panorama and peepshow shall mean as defined in FWCC 9-71(i) and 0). (4) Adult retail shall mean a retail establishment which, for money or any other form of consideration, either: a. Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult-oriented merchandise; or b. Provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer, and/or viewing or use, off the premises, any adult-oriented merchandise. Activities and uses defined as "adult entertainment, activity, retail, or use" are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. Adult-oriented merchandise shall mean any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or "specified sexual activities" (defined below). Agricultural use means any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. Air rights means the right to, in some manner, control the use ofthe space above the surface of the ground. AKARTmeans "...all known, available and reasonable methods of prevention, control and treatment" as interpreted in WAC 173-201A-020. This is a technology-based approach to limiting pollutants from wastewater discharges, which requires both an engineering and economic judgment. Alluvium means soil deposits transported by surface waters. Antenna(s) means any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points, including, but is not limited to: (1) Omni-directional (or "whip") antenna(s) transmits and receives radio frequency signals in a 360-degree radial pattern. FWCC Chapter 22, Article I, "Definitions" OSC Code Amendment - September 10, 2008 Page 2 of21 (2) Directional (or "panel") antenna(s) transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees. (3) Parabolic (or "dish") antenna(s) is a bowl-shaped device for the reception and/or transmission of communications signals in a specific directional pattern. (4) Ancillary antenna is an antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna. Antique or collectible means any article which, because of age, rarity, or historical significance, has a monetary value greater than its original value, or which has an age recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise. A store or shop selling only such articles, or offering them for sale, shall be considered as a dealership selling antiques or collectibles and not as a dealership selling secondhand merchandise. Applicant means both of the following, depending on the content: (1) A person who applies for any permit or approval to do anything governed by this chapter, which person must be the owner ofthe subject property, the authorized agent of the owner, or the city. (2) Any person who is engaging in an activity governed by this chapter or who is the owner of property subject to this chapter. Aquifer means a water-bearing porous soil or rock strata capable of yielding a significant amount of groundwater to wells or springs. Average building elevation (ABE) means a reference datum on a subject property from which building height is measured. ABE is the average of the highest and lowest existing or proposed elevations, whichever is lowest, taken at the base of the exterior walls ofthe structure; provided, that ABE shall not be greater than five feet above the lowest existing or proposed elevation. "AIIow'ld r -------- ---- --- ----- ----: Building i i Height ; : , , , , ! ! , , , , , , . . , , . , . . I _____1 Lowest Re1el8n<:e ~ Be,",... dalum(ABE) _ Average slope means the average grade of land within each land area representing a distinct topographical change. Baclifill means material placed into an excavated area, pit, trench or behind a constructed retaining wall or foundation. BMPs or best management practicers) means maintenance measures and operational practices that are considered the most effective, practical means of preventing or reducing pollution from nonpoint or point sources. BMPs are defined by trade organizations, government agencies, and other organizations involved in pollution prevention and environmental regulation. Building means a roofed stmemre used for Elf iRteBded for Immaa oeeupaaey any structure hayin2 a roof supported by columns or walls and intended for the shelter. housin2. or enclosure of any individual. animal. process. equipment. 2oods. or materials of any kind. Building mounted signs means all of the following: wall-mounted signs, marquee signs, under marquee signs and projecting signs. Bulkhead means a wall or embankment used for retaining earth. Business or vocational school means a post-secondary institution that offers instruction in business principles and practices that will enhance one's ability to perform in a business setting, i.e., secretarial, FWCC Chapter 22, Article 1, "Definitions" OSC Code Amendment - September 10, 2008 Page 3 of21 accounting, purchasing, computer programming or usage, or training in fields such as health services, restaurant management, real estate, beautician training, or professional training or continuing education in these or similar fields. cell-on-wheels (C-O-W) means a mobile temporary personal wireless service facility. Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses, when operated in conjunction with and within boundaries of such cemetery. Change of use means a change of use determined to have occurred when it is found that the general character of the operation has been modified. This determination shall include review of, but not be limited to: (1) Hours of operation; (2) Required parking; (3) Traffic generation; (4) General appearance; (5) Type, extent or amount of indoor or outdoor storage; and (6) Constituents of surface water discharge or runoff. Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class II home occupation means those family child care homes that qualify under FWCC 22-1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open\to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and the nonindustrial uses permitted in the commercial enterprise zone and not permitted in any other zones of the city. Commercial vehicle means, unless exempted by FWCC 22-1176 and 22-1178, any truck over 10,000 pounds gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. FWCC Chapter 22, Article 1, "Definitions" OSC Code Amendment - September 10, 2008 Page 4 of21 Comprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. Convalescent center means an inpatient facility, excluding facilities defined as hospitals, for patients who are recovering from an illness or who are receiving care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include assisted living facilities. Cottage housing development (cHD) means residential development consisting of clusters of between four and 16 detached dwelling units, that includes cottages and may include compact single-family units and meets the following criteria: (1) Dwelling units are limited to a maximum square footage; and (2) Dwelling units are grouped around a common open space; and (3) Developments meet a set of design criteria not applicable to typical single-family developments as stipulated in Article XII of this chapter. Critical aquifer recharge areas means areas in which water reaches the zone of saturation by surface infiltration. These areas are hydrogeologically susceptible to contamination and contamination loading potential including, but not limited to, such areas as sole water source aquifer recharge areas, special protection groundwater management areas, wellhead protection areas, and other areas with a critical recharging effect on aquifers used for potable water. Cross-section (drawing) means a visual representation of a vertical cut through a structure or any other three-dimensional form. Curb cut means the connection of a driveway with a street, which may entail a structural alteration to the curb by lowering the height of part of the curb. Day care facility means the temporary, nonresidential care of persons in a residence or other structure on a regular, recurring basis. Dedication means the deliberate appropriation of land by its owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purposes to which the property has been devoted. Deleterious substance includes, but is not limited to, chemical and microbial substances that are classified as hazardous materials under this section, "hazardous materials," whether the substances are in usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which monitoring requirements of treatment-based standards are enforced under Chapter 246-290 WAC. Development activity means any work, condition or activity which requires a permit or approval under this chapter or the city's building code. Development permit means any permit or approval under this chapter or the city's building code that must be obtained before initiating a use or development activity. Domestic animal means an animal which can be and is customarily kept or raised in a home or on a farm. Domestic violence shelters means housing for adult women or men and their dependent children, if any, who are victims of domestic violence perpetrated by the spouse, domestic partner or significant other of the adult victim. Dredging means removal of earth and other materials from the bottom of a body of water or watercourse or from a wetland. Dredging spoils means the earth and other materials removed from the bottom of a body of water or watercourse or from a wetland by dredging. Driveway means an area of the subject property designed to provide vehicular access to a parking area or structure located on the subject property. Dry land means the area of the subject property landward of the high water line. Dwelling unit means one or more rooms in a structure or structures, excluding mobile homes, providing complete, independent living facilities exclusively for one family, including permanent FWCC Chapter 22, Article I, "Definitions" OSC Code Amendment - September 10, 2008 Page 5 of21 provisions for living, sleeping, cooking and sanitation. A factory-built home or manufactured home is considered a dwelling unit under this chapter only if it meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. There are the following eight types of dwelling units: (1) Dwelling unit, attached, means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or other uses above or below it. (2) Dwelling unit, detached, means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. (3) Dwelling unit, stacked, means a dwelling unit that has one or more horizontal walls in common with or attached to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses. (4) Dwelling unit, multifamily, means a building containing two or more dwelling units, which are either attached or stacked. See definition of "dwelling unit, townhouse." (5) Dwelling unit, multiple unit housing, means dwelling unit, multifamily. (6) Dwelling unit, small lot detached, means detached residential dwelling units developed on multifamily-zoned property. Each unit is located on its own fee-simple lot. One ofthe dwelling unit's sides may rest on a lot line (zero lot line) when certain site development conditions are met. (7) Dwelling unit, townhouse, means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (8) Dwelling unit, zero lot line townhouse, means attached residential dwelling units with common (or "party") walls. Each unit is located on a lot in such a manner that one or more of the dwelling's sides rests on a lot line. Each unit has its own entrance opening to the outdoors (to the street, alley, or private tract) and, typically, each house is a complete entity with its own utility connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee simple. Easement means land which has specific air, surface or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property . EMF means electromagnetic field, which is the field produced by the operation of equipment used in transmitting and receiving radio frequency signals. Equipment shelter means the structure associated with a PWSF that is used to house electronic switching equipment, cooling system and back-up power systems. Erosion and deposition means the removal of soils and the placement of these removed soils elsewhere by the natural forces of wind or water. Essential public facility is any facility or conveyance which has the following attributes: (1) It is typically difficult to site due to unusual site requirements and/or significant public opposition; (2) It is a necessary component of a system, network or program which provides a public service or good; (3) It is owned or operated by a unit of local or state government, private or nonprofit organization under contract with or receiving government funding, or private firms subject to a public service obligation; (4) It meets a general and/or specific category for facility types or individual facilities listed below in Class I and Class II essential public facilities. a. Class I: Facilities of a county, regional or state-wide nature. Those essential public facilities intended to serve a population base that extends significantly beyond the boundaries of the city, FWCC Chapter 22, Article 1, "Definitions" OSC Code Amendment - September 10, 2008 Page 6 of21 and which may include several local jurisdictions or a significant share of the Puget Sound regional population. Such facilities may include, but are not limited to, the following: I. State or regional education facilities (except minor branch facilities). i. Research facilities; ii. University branch campuses; iii. Community colleges. 2. State or regional transportation facilities. i. Light and/or standard rail lines; ii. Commuter terminals; iii. Transit centers; iv. Park-and-ride lots in residential zones. 3. State or regional correctional facilities. 4. Solid waste handling facilities (large scale). i. Transfer station; ii. Recycling center. 5. Sewage treatment plants. 6. Power plants. b. Class II: Facilities of a local nature. Those essential public facilities that are intended to meet the service needs of the local community. In many cases local facilities are characterized by providing some type of in-patient care, assistance, or monitoring. Such facilities may include, but are not limited to, the following: . 1. Substance abuse facilities. 2. Mental health facilities. 3. Group homes/special needs housing. 4. Local schools. i. Elementary school; ii. Middle school; iii. High school. 5. Social service transitional housing. i. Domestic violence shelter; ii. Homeless shelter; iii. Work-release. Excavate or excavation means the mechanical removal of soils and/or underlying strata. Family means an individual or two or more individuals related by not more than four degrees of affinity or consanguinity and including persons under legal guardianship, or a group of not more than five persons who are not related by four or fewer degrees of affinity or consanguinity; provided, however, that any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). Family child care home means a business regularly providing care during part of the 24-hour day to 12 or fewer children (including the children of the day care provider) in the family abode of the person or persons under whose direct care the children are placed. Fast food restaurant means an establishment which offers quick food service which is accomplished through one or more of the following mechanisms: (1) Limited menu of easily produced items. (2) Orders are not taken at the customer's table. (3) Food is served in disposable wrappings or containers. Fence means a manmade barrier or wall constructed for the purpose of enclosing space or separating parcels of land. FWCC Chapter 22, Article 1, "Definitions" OSC Code Amendment - September 10, 2008 Page 7 of21 Fill material means dirt, structural rock or gravel, broken concrete and similar structural substances customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel placed on the surface ofthe ground. Finished grade means the final contour of the land surface prior to landscaping. Flag lot or panhandle lot means a lot in the shape of a flag or pan that is connected to the road or street right-of-way by a narrow strip ofland. The narrow strip ofland connecting the main portion of the lot to the road or street right-of-way is the "flag pole" or "access panhandle" part of the lot. Floor means the horizontal surface inside a structure designed and intended for human use and occupancy. Gambling use means one ofthose gambling activities regulated by the state, e.g., "public card rooms," which involve staking or risking something 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 agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. Gambling uses include those uses regulated by the Washington State Gambling Commission with the following exceptions as these uses are defined in Chapter 9.46 RCW: punch boards; pull tabs; bingo games operated by bona fide not-for-profit organizations; limited social games operated by bona fide not- for-profit organizations; commercial amusement games; raffles; fund raising events; business promotional contests of chance; sports pools; golfing and bowling sweepstakes; dice or coin contests for music, food, or beverages; fishing derbies; bona fide business transactions; activities regulated by the State Lottery Commission. Geologically hazardous areas means areas which because of their susceptibility to erosion, landsliding, seismic or other geological events are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns. Geologically hazardous areas include the following areas: (I) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to natural agents such as wind, rain, splash, frost action or stream flow. (2) Landslide hazard areas are those areas potentially subjectto episodic downslope movement of a mass of soil or rock including, but not limited to, the following areas: a. Any area with a combination of: 1. Slopes greater than 15 percent; 2. Permeable sediment, predominately sand and gravel, overlying relatively impermeable sediment or bedrock, typically 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 present, or which is underlain by mass wastage debris of that epoch. c. Any area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action. d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to inundation by debris flows or flooding. e. Those areas identified by the United States Department of Agriculture Soil Conservation Service as having a severe limitation for building site development. f. Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable recent slides) by the Department of Ecology. g. Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking. (3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting. These conditions occur in areas underlain by cohesionless soils of low density usually in association with a shallow groundwater table. (4) Steep slope hazard areas are those areas with a slope of 40 percent or greater and with a vertical relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance. FWCC Chapter 22, Article 1, "Definitions" OSC Code Amendment - September 10, 2008 Page 8 of21 A slope is delineated by establishing its toe and top, and measured by averaging the inclination over at least 10 feet of vertical relief. Glare means both of the following: (1) The reflection of harsh, bright light. (2) The physical effect resulting from high luminances or insufficiently shielded light sources in the field of view. Government facility means a use consisting of services and facilities operated by any level of government, excluding those uses listed separately in this chapter. Gross floor area means the total square footage of all floors, excluding parking area, in a structure as measured from either the interior surface of each exterior wall ofthe structure or, ifthe structure does not have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area. Ground floor means the floor of a structure that is closest in elevation to the finished grade along the facade of the structure that is principally oriented to the street which provides primary access to the subject property. Groundwater means water that occurs in subsurface openings in the earth, such as the spaces between particles in unconsolidated deposits or along fractures in consolidated deposits. Groundwater contamination means the presence of any substance designated by the U.S. Environmental Protection Agency (EPA), or the State of Washington Department of Ecology (DOE), as a primary or secondary water quality parameter, in excess of the maximum allowable containment level (MCL). Group homes type II means housing for juveniles under the jurisdiction of the criminal justice system. Such groups include state-licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing correction, or for those selected to participate in state-operated work release and pre-release programs. The director of community development services shall have the discretion to classify a group home proposing to serve juveniles convicted of the offenses listed under group home type III in this section as a group home type III, and any such home shall be sited according to the regulations contained within type III classification. Group homes type II-A: Maximum number of 12 residents including resident staff. Group homes type II-B: Thirteen or more residents including residential staff. Maximum number to be determined on a case-by-case basis. The limitation on the number of residents in a group home type II shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). Group homes type III means housing for adults that have been convicted of a violent crime against a person or property, or have been convicted of a crime against a person with a sexual motivation, or have been convicted or charged as a sexual or assaultive violent predator. These individuals are under the jurisdiction of the criminal justice system or have entered a pre- or post-charging diversion program. Such groups involve individuals selected to participate in state-operated work/training release and pre-release programs or similar programs. Such category does not include full-time detention facilities. Gymnasium means a room or building equipped for sports, which must be accessory to a school facility, health club, social service club such as the Boys and Girls Club, or similar facility. A gymnasium may also be used as an auditorium to hold concerts and other performing arts. Hardship means a current or impending health condition which requires a person to live in close proximity to, and/or share housing with, a caregiver. Hazardous liquid means: (a) petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 CFR Part 195 in effect March 1, 1998; and (b) carbon dioxide. Hazardous materials mean any material, either singularly or in combination, that is a physical or health hazard as defined and classified in the International Fire Code, whether the materials are in usable or waste condition; and any material that may degrade groundwater quality when improperly stored, FWCC Chapter 22, Article I, "Definitions" OSC Code Amendment - September 10, 2008 Page 90f21 handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged. Hazardous materials shall also include any hazardous waste, hazardous substance, dangerous waste, or extremely hazardous waste that is a physical or health hazard as defined or classified in Chapter 70.105 RCW and Chapter 173- 303 WAC, whether the materials are in usable or waste condition. Hazardous materials shall also include petroleum or petroleum products that are in a liquid phase at ambient temperatures, including any waste oils or sludge. Hazardous waste means all dangerous and extremely hazardous waste, including substances composed of radioactive and hazardous components (see Chapter 70.105 RCW). Hazardous waste storage means the holding of dangerous waste for a temporary period (see WAC 173-303-040(85)). Hazardous waste treatment means the physical, chemical or biological processing of dangerous wastes to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage or reduced in volume (see WAC 173-303-040(97)). Heat means added energy that causes substances to rise in temperature, fuse, evaporate, expand or undergo any other related change. Heavy equipment means high capacity mechanical devices for moving earth or other materials, mobile power units, including but not limited to carryalls, graders, loading/unloading devices, cranes, drag lines, trench diggers, tractors over 80 HP, augers, caterpillars, concrete mixers and conveyors, harvesters, combines, or other major agricultural equipment, and similar devices operated by mechanical power as distinguished from manpower. Height of structure means the vertical distance above the average building elevation measured to the highest point of a flat roof or to the deck line of a mansard roof, or to the mid-point between eave and ridge of the highest principal roof of a gable, hip, gambrel, or similar sloped roof. For single-family residential structures where the total area of dormers exceeds 35 percent of the total area of the underlying sloped roof, height will be measured to the ridge of the highest principal gable. High density residential zones means the following zones: RM 3.6, RM 2.4, RM 1.8, RS 5.0, RS 7.2, RS 9.6, and comparable zones in other jurisdictions. Home occupation means an occupation, enterprise, activity or profession which is incidental to a residential use, which is carried on for profit or customarily carried on for profit and which is not an otherwise permitted use in the zone in which it occurs. Horizontal dimension means the length of the facade of a structure as measured along a plane, excluding eaves which extend out no more than 18 inches from the exterior walls of the structure. Hospital means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, extended care facilities and/or training facilities. Hotel or motel means a single building or group of buildings containing individual sleeping units intended for transient occupancy. Improvement means any structure or manmade feature. Industrial-commercial zone means the CE zoning district. Industrial uses means those uses allowed only in the CE zone as listed in FWCC 22-861 through 22- 864. Ingress/egress and utilities easement means privately owned land used and legally committed, through easements, plat restrictions, or similar mechanisms, to providing access for vehicles and pedestrians to properties other than the property within the tract or easement. It may also provide space for utility lines and appurtenances, and other devices and facilities benefiting nearby properties or the public. See definition of "vehicular access easement or tract." Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 14 days, is apparently inoperable or requires repairs in order to be operated legally on the public roads or is unable to move a distance of 10 feet on level pavement under its own power. FWCC Chapter 22, Article 1, "Definitions" OSC Code Amendment - September 10, 2008 Page 10 of21 Institutional uses mean the following uses: schools, churches, colleges, hospitals, parks, governmental facilities and public utilities. Irrevocable license means a written irrevocable permission given by a property owner to the city for specified purposes. Issuance, when used with respect to a decision of the director of community development services or a decision ofthe hearing examiner issued under this chapter, means the date that is three days after the date the written decision of the director or hearing examiner is mailed. Proof of mailing shall be by affidavit or by declaration under penalty of perjury. Issuance, when used with respect to a city council decision made by ordinance or resolution while sitting in a quasi-judicial capacity, means the date on which the council passes the ordinance or resolution, as evidenced by the date of passage indicated on the face of the ordinance or resolution. Junk means old or scrap metal, rope, rags, batteries, paper, rubber, machinery, scrap wood, debris, trash, or junked, dismantled, wrecked or inoperable motor vehicles or parts thereof. Junk or junked vehicle means any vehicle substantially meeting at least two of the following conditions: (1) Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield or missing wheels, tires, motor, or transmission; (2) Is apparently inoperable; (3) Is without a current, valid registration plate. Junkyard means a property or place of business which is maintained, operated or used for storing, keeping, buying, selling or salvaging junk. Kennel means an establishment, generally retail in nature, which houses, cares for, breeds, raises or sells dogs or cats. Land division means any process by which individual lots, parcels, or tracts are created for the purpose of sale, lease, or transfer. Land divisions include, but are not limited to, conventional subdivisions (both short and long plats), binding site plans, cluster subdivisions, cottage housing, zero lot line townhouse development, and small lot detached development. Land surface modification means the clearing or removal of trees, shrubs, groundcover and other vegetation and all grading, excavation and filling activities. Landscaping means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. Landward means toward dry land. Linear frontage of subject property means the frontage of the subject property adjacent to all open, improved rights-of-way other than Interstate 5. If the subject property is not adjacent to an open, improved right-of-way, "linear frontage" means the frontage of the subject property on any public access easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights-of- way. Lot means a parcel of land having fixed boundaries described by reference to a recorded plat, by reference to metes and bounds, or by reference to section, township and range. Lot area means the minimum lot area per dwelling unit based on the underlying zone. For single- family lots, the area of a vehicular access easement, private tract, flag pole, or access panhandle shall not be credited in calculation of minimum lot area. Low density use means a detached dwelling unit on a subject property that contains at least five acres. Low density zone means the following zones: SE and comparable zones in other jurisdictions. Major stream means any stream, and the tributaries to any stream, which contains or supports, or under normal circumstances contains or supports, resident or migratory fish. If there exists a natural permanent blockage on the stream course which precludes the upstream movement of anadromous salmonid fish, then that portion of the stream which is downstream of the natural permanent blockage shall be regulated as a major stream. FWCC Chapter 22, Article I, "Definitions" OSC Code Amendment - September 10, 2008 Page 11 of21 Manufactured home means a factory-built structure transportable in one or more sections which is built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when connected to required utilities. A manufactured home shall be built to comply with the National Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15, 1976). Manufacturing and production, general, means establishments engaged in the mechanical or chem!cal 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 typically 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 shops; custom jewelry 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, candy 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-way. Maximum lot coverage means the maximum percentage of the surface of the subject property that may be covered with materials which will not allow for the percolation of water into the underlying soils. See FWCC 22-955 et seq. for further details. Mean sea level means the level ofPuget Sound at zero tide as established by the U.S. Army Corps of Engineers. Medium density zones mean the following zones: RS 15.0, RS 35.0 and comparable zones in other jurisdictions. Microcell means a wireless communication facility consisting of an antenna that is either: (1) Four feet in height and with an area of not more than 580 square inches; or (2) If a tubular antenna, no more than four inches in diameter and no more than six feet high. Minor facility means a wireless communication facility consisting of up to three antennas, each of which is either: (1) Four feet in height and with an area of not more than 580 inches; or (2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length; and the associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area. Minor stream means any stream that does not meet the definition of "major stream." Moorage facility means a pier, dock, buoy or other structure providing docking or moorage space for waterborne pleasure craft. Multiuse complex means all of the following: a group of separate buildings operating under a common name or management; or a single building containing multiple uses where there are specific exterior entranceways for individual uses; or a group of use~ on separate but adjoining properties that request treatment as a multiuse complex. Naturalfeatures mean physical characteristics of the subject property that are not manmade. Natural materials mean materials chemically unaltered from their natural state. Noise means the intensity, duration and character of sound from any and all sources. Nonconformance means any use, structure, lot, condition, activity or any other feature or element of private or public property or the use or utilization of private or public property that does not conform to any of the provisions of this chapter or that was not approved by the city of Federal Way through the appropriate decision-making process required under this chapter. FWCC Chapter 22, Article 1, "Definitions" OSC Code Amendment - September 10, 2008 Page 12 of21 Nonliving ground cover means gravel, chipped bark or similar nonpolluting material through which water can freely percolate to the soil beneath. Normal maintenance includes interior and exterior repairs and incidental alterations. Normal maintenance and repair may include, but is not limited to, painting, roof repair and replacement, plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization. Incidental alterations may include construction of nonbearing walls or partitions. Nursing home. See "Convalescent center." Occupant means a person that legally occupies a structure or property. Odor means stimulus affecting the olfactory nerves. Office use means a place of employment providing services other than production, distribution, sale or repair of goods or commodities. The following is a nonexclusive list of office uses: medical, dental or other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar professional services; management, administrative,.secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or other similar services. The following uses are specifically excluded from the definition of office: banks, savings and loan companies and similar financial institutions. Office zones mean the PO, OP and CP-l zoning districts. Official notification boards of the city means the bulletin boards in the public areas of City Hall and other public locations as designated by city council. On-site hazardous waste treatment and storage facilities means facilities which treat and store hazardous wastes generated on the same lot or geographically contiguous or bordering property. Travel between two properties divided by a public right-of-way, and owned, operated or controlled by the same person, shall be considered on-site travel if: (1) The travel crosses the right-of-way at a perpendicular intersection; or (2) The right-of-way is controlled by the property owner and is inaccessible to the public (see WAC 173-303-040(39)). Open record hearing means a hearing that creates the city's record of decision for an application or appeal through testimony and submission of evidence and information, under procedures prescribed by the city's hearing examiner or the city council. An open record hearing may be held prior to the city's decision on an application, or as part of an appeal. Open space means land not covered by buildings, roadways, parking areas or other surfaces through which water cannot percolate into the underlying soils. Open space, private, means common open space, the use of which is normally limited to the occupants of a single dwelling or building or property. Open space, public, means open space owned by a public agency and maintained by it for the use and enjoyment of the general public. Ordinary high water mark means, on lakes, streams and tidal waters, that mark that will be found by examining the bed, banks or shore and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character distinct from that of the abutting uplands; provided, that any tidal area where the ordinary high water mark cannot be found based on the previous text of this definition, the ordinary high water mark shall be the line of mean high tide. Outdoor means not contained within a building. Outdoor storage means any material or item (including vehicles), being stored for or awaiting sale, lease, processing or repair and not enclosed within a building. Outdoor storaf!e containers means new or used Drefahricated metal or steel enclosures used for the accessory storaee of sUDDlies. eQUiDment. inventory. eoods. commodities. or construction- related materials; desiened without an axle or wheels; and caDahle of heine mounted on a chassis or hoeie for movement hv truck. trailer. rail car. or shiD. This definition includes. hut is not limited to. FWCC Chapter 22, Article I, "Definitions" OSC Code Amendment - September 10, 2008 Page 13 of21 careo. shiooine. and freieht containers; and excludes tyoical residential accessory structures such as earaees and storaee sheds; earbaee and recycline containers; containers mounted on a truck or in some staee of transoort; and oortable movine containers as defined in this article. See FWCC 22- 1114 and 22-1114.5. Owner means, in reference to real property, the person or persons holding fee title to the property as well as the purchaser or purchasers under any real estate contract involving the real property. Panhandle lot means flag lot. Parking area means any area designed and/or used for parking vehicles. Parking space means an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use. Person means any individual, partnership, association, corporation, unit of government or any other legal entity. Portable movim! containers means new or used orefabricated units that can be rented by residential or business customers for temoorary accessory movine and storaee activities. includine. but not limited to. such oroducts trademarked as "PODS" (Personal On Demand Storaee). "SAM" (Store and Move). and "Door to Door." Such containers are tyoically delivered to a site by truck. left on site for a temoorary loadine oeriod. then retrieved by truck and delivered to another location. which may include a storaee facility. See FWCC 22-964. Personal wireless service facility (PWSF) means a wireless communication facility, including a microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve the necessary elevation, and reception and transmission devices and antennas. Personal wireless services means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. Preapplication conference means a meeting, between an applicant and members ofthe development review committee, which is held prior to formal application, during which the project is discussed relative to city and other pertinent codes and/or regulations. Primary dwelling unit means the main structure located on the subject property which is distinguishable from any accessory dwelling unit because it is greater in total square footage. Primary vehicular access means the street, vehicular access easement, or private tract from which the majority of vehicles enter the subject property. Principal use means the primary or predominant use of any lot or parcel. Private club means an association of persons organized for some common purpose, but not including groups organized primarily to sell merchandise or render a service which is customarily carried on as a business. Property line means those lines enclosing the subject property and those lines defining a recorded vehicular access easement or tract. The following are categories of property lines: (1) The front property line is any property line that is adjacent to a primary vehicular access. If the subject property is adjacent to more than one primary vehicular access, the applicant shall designate which of the adjacent property lines is the front property line and the remainder of such adjacent property lines will be considered as either a rear property line or side property line, based on the definition in this section, except the property line adjacent to an arterial or primary collector shall not be designated as a primary vehicular access. (2) For flag lots, the yard setbacks shall be applied per the following graphic: FWCC Chapter 22, Article I, "Definitions" OSC Code Amendment - September 10, 2008 Page 140f21 ,_______n__!:'! _n.n____ _ _ _ _ _ _ _ _ 8'!.tt _ _ _ _ _ _ ~ _ _ . Lot 2 Lol1 Driveway for Lot 2 Not an arterial or principal coilector Flag Lot Setbacks ,__.._____ __~~F_________, Lol2 Driveway for Lot 2 and Access Easement for Lot 1 Arterial or - principiil collector Driveway for Lot 3 aldAccess Easement for Lot 2 Not an arterial o-r prinCipal colleCtor lotS :. F = Front Yard S = Side Yard R = Rear Yard (3) The rear property line is any property line that is farthest from, and essentially parallel to, the front property line. (4) The side property line is any property line other than a front property line or a rear property line. Public park means a natural or landscaped area, provided by a unit of government, to meet the active or passive recreational needs of people. Public utility means the facilities of a private business organization such as a public service corporation, or a governmental agency performing some public service and subject to special governmental regulations, the services which are paid for directly by the recipients thereof. Such services shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and transportation for persons and freight. The term also includes broadcast towers, antennas and related facilities operated on a commercial basis. Public works director means the director of the department of public works of the city. Qualified groundwater scientist means a hydrogeologist or engineer who meets the following criteria: (1) Has received a baccalaureate or post-graduate degree in earth science or engineering; and (2) Has sufficient education and experience in geology and hydrogeology as may be demonstrated by state registration, professional certifications, or licensing that enable that individual to make sound professional judgments regarding groundwater and groundwater vulnerability. Quasi-public use means a use owned or operated bv a private nonprofit or philanthropic institution that provides cultural. recreational. or similar types of proe:rams and services. FWCC Chapter 22, Article 1, "Definitions" Page 15 of21 OSC Code Amendment - September 10, 2008 Regulated lakes means Wetlands Nos. 8-21-4-26, 7-21-4-71,11-21-3-9, 14-21-3-2, 14-21-3-5, 13-21- 3-12,9-21-4-38, 17-21-4-55,20-21-4-57, and 20-21-4-61 as shown in the June 19, 1999, city of Federal Way final wetland inventory report, except vegetated areas meeting the definition of "regulated wetland" located around the margins of regulated lakes shall be considered regulated wetlands. Regulated wetlands. See the definition of "regulated wetlands" under the definition of "wetlands." Relative means persons connected through blood, marriage or other legal relationships by not more than four degrees or affinity or consanguinity and including persons under legal guardianship. Required yard means the area adjacent to and interior from a property line or the ordinary high water mark (OHWM) of a lot, and is the minimum required distance between a structure and a specific line, such as a property line, edge of private tract, or vehicular access easement that is required to remain free of structures. If two or more required yards are coincidental, the area will be considered the required yard with the greater dimension. Yards are also known as setbacks. Except for flag lots, required setbacks are categorized as follows: (1) Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance therefrom equal to the required front yard depth. (2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance therefrom equal to the required rear yard depth. (3) Ordinary high water line yard. That portion of a lot adjacent to and parallel with the OHWM and at a distance landward therefrom established in this chapter. (4) Side. That portion of a lot adjacent to and parallel with each side property line and at a distance therefrom equal to the required side yard depth. All required yards not otherwise categorized shall be designated side yards. Residential use means developments and occupancy in which persons sleep and prepare food, other than developments used for transient occupancy. Residential zone means the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM 3.6, RM 2.4, RM 1.8 and comparable zones in other jurisdictions. Restaurant or tavern means commercial use (excluding fast food restaurants) which sells prepared food or beverages and generally for consumption on the premises. Retail establishment means a commercial enterprise which provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. Retail sales, bulk, means a retail establishment engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods. Bulk retail involves a high volume of sales of related and/or unrelated products in a warehouse setting and may include membership warehouse clubs, i.e., "big box" retail. Bulk retail is differentiated from general retail by any of the following characteristics: (1) Items for sale include large, categorized products, e.g., lumber, appliances, household furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may also include a variety of carry out goods, e.g., groceries, household, and personal care products; (2) A large inventory of goods and merchandise is stored on the subject site in high-ceiling warehouse areas, high-rack displays, and/or outdoor storage areas; and (3) High volume truck traffic, regular pick up and delivery oflarge items, a designated contractor pick-up area, and high parking-to-building ratios. Retail sales, general and specialty is differentiated from bulk retail by the size of the building, size of items purchased and sales volume. General and specialty retail includes the sale of smaller items such as groceries, drug store sundries, specialty hardware, paint supplies, and sports equipment, etc. Typically not a discount or volume warehouse store. Typical user is the general public. Retail sales, secondhand merchandise means an individual or establishment that sells secondhand merchandise, such as pawn shops; used book and record stores; used clothing, furniture, and appliances; FWCC Chapter 22, Article I, "Definitions" OSC Code Amendment - September 10, 2008 Page 160f21 thrift stores; consignment stores; and flea markets. This definition does not include the sale of antiques or collectibles as defined in this article. Retail shopping center, regional means a series of unified commercial establishments that provide retail, entertainment, or professional services on a site comprised of at least 50 acres, with direct access to a state or federal highway, with shared parking facilities, with a combined gross floor area of at least 500,000 square feet, and with all or some of the stores configured with an inward orientation and connected with common interior walkway(s). Right-of-way means land dedicated or conveyed to the public or a unit of government, the primary purpose of which is the movement of vehicles and/or pedestrians and providing for access to adjacent parcels, with the secondary purpose of providing space for utility lines and appurtenances and other devices and facilities benefiting the public. Right-of-way realignment means the changing of the horizontal position of the improvements in a right-of-way. Roojline means the line formed by the outside of the gable of the roof, or if the roof is flat or mansard, the top of the roof or mansard. Runoff means the overland or subsurface flow of water. Schools means institutions of learning, excluding those offering post-secondary education, offering. instruction in the several branches of learning and study required by the Basic Education Code of the State of Washington to be taught in public, private and parochial schools, including those disciplines considered vocational, business-related, or trade in nature. Self-service storage facilities means a structure or group of structures for the storage of personal property where individual stalls or lockers are rented out to different tenants for storage. Shared access points means a common point of vehicle access from a street to more than one lot or use. Significant natural vegetation means any area containing a concentration of significant trees; any area of significant biological importance; and any area containing dense, mature, native vegetation. Significant trees. 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 offalling 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. Silt or sediment means the soil particles mobilized and deposited by the processes of erosion and deposition. Single housekeeping unit means an individual or two or more individuals related by not more than four degrees of affinity or consanguinity and including persons under legal guardianship, or a group of not more than three persons who are not related by four or fewer degrees of affinity or consanguinity; provided, however, that any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). FWCC Chapter 22, Article I, "Definitions" OSC Code Amendment - September 10, 2008 Page 17 of21 Single-use building means a building which contains one use. Small animals means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats and similar small wild animals. Social service transitional housing means facilities other than offices and group homes as defined in this chapter, operated by a nonprofit social service agency, licensed as required by the state, providing temporary and transitional housing to individuals on an as-needed basis including, but not limited to, emergency shelters, homeless shelters, and other such crisis intervention facilities. This classification includes domestic violence shelters as defined herein, except that such shelters wherein the total number of residents does not exceed the maximum number allowed under the "family" definition may be permitted outright in all residential zones. (1) Type A: Maximum number of residents to be consistent with the maximum number of unrelated adults allowed under the zoning definition of family. (2) Type B: All social service transitional housing not meeting the definition of "Type A," above. Maximum number to be determined on a case-by-case basis. The limitation on the number of residents in social service transitional housing shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). Special needs housing means housing not specifically defined by this chapter, and which will be processed under the classification most closely related to the proposed use, as determined by the director of community development services. Specified anatomical areas shall mean the following: (1) Less than completely and opaquely covered human genitals, anus, pubic region, buttock or female breast below a point immediately above the top of the areola; or (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities shall mean any of the following: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or (3) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether or not clothed, of oneself or of one person by another; or (4) Excretory functions as part of or in connection with any of the activities set forth in this definition. State Environmental Policy Act means Chapter 43.21 C RCW. Storm drainage means the movement of water, due to precipitation, either surficially or subsurficially. Story means the area of a structure between the floor and the horizontal supporting members of the ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area between that floor and the ceiling directly above is not a story. Stream means a course or route, formed by nature, including those which have been modified by humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and normally flow in draining from higher to lower elevations. A stream need not contain water year-round. In a developing setting, streams may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition is not meant to include irrigation ditches, storm water facilities or other artificial 'watercourses unless they are used by resident or anadromous salmonid fish, or the feature was constructed to convey natural streams which existed prior to construction of the watercourse. Street means both of the following: (1) A public right-of-way. (2) A vehicular access easement or tract. FWCC Chapter 22, Article 1, "Definitions" OSC Code Amendment - September 10, 2008 Page 18 of21 Street providing direct vehicle access means the street from which a vehicle can enter the subject property without traversing another street or piece of property. In the case of a multiuse complex, the street providing direct vehicular access is the exterior street that borders the complex and not an internal street surrounded by the complex. Structural alteration means any change in the supporting member of a building or structure. Structure means lffiytRiag ";RieR is built or coastrneted, aR edifiee or Buildiag of aH)' kiad or any piece ef'Nork artifieiaUy built up or eempesed offlartsjoiRed tegetRer ia some defiaite maRaer! combination or arran2ement of material for use. occupancy. or ornamentation. whether installed on. above. or below the surface of land or water. Structured parking means parking provided on more than one level and within a structure~ either above- or below-grade. Structured parking shall not include a surface parking lot. Subject property means the entire lot or parcel, or series of lots or parcels, on which a development, activity or use is or will locate or on which any activity or condition regulated by or subject to this chapter is or will occur or take place. Support structure means any built structure, including any guy wires and anchors, to which an antenna and other necessary associated hardware is mounted. Support structures may include the following: (I) Lattice tower. A support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section. (2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors. (3) Monopole. A support structure which consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad. (4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with certain conditions. Temporary personal wireless service facility means a personal wireless service facility which is to be placed in use for a limited period oftime, is not deployed in a permanent manner, and does not have a permanent foundation. Tenant improvement means any work, improvement or remodeling completely within the interior of a building necessary to meet the varied requirements of continuing or succeeding tenants. Threshold determination means the decision by the responsible official (the community development services director) whether or not an environmental impact statement (EIS) is required for projects that are not categorically exempt under the State Environmental Policy Act (SEP A). Topsoil means the uppermost strata of soil containing a large percentage of organic materials and which is capable of providing suitable nourishment for vegetation. Townhouse means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. See definition of "dwelling unit, townhouse." Trade school means a post-secondary institution that trains persons for qualification in specific trades or occupations, i.e., mechanics; construction trades such as carpentry, HV AC, and wiring; electronics repair and service including computers; plumbing; chefs and culinary training; upholstery; bartending. Traffic control devices means signs, signals, stripes and other mechanical or graphic items which control the flow, direction or speed of vehicular and pedestrian traffic. Use means the nature of the activities taking place on private property or within structures thereon. Each separate listing under the "Use" column in FWCC 22-596 through 22-906 is a separate use. Vehicle service station means a commercial use supplying petroleum products that are for immediate use in a vehicle. Vehicle storage area means an outside area which is used for the storage and/or display of operational vehicles. FWCC Chapter 22, Article 1, "Definitions" OSC Code Amendment - September 10, 2008 Page 19 of21 Vehicular access easement or tract means privately owned land used and legally committed, through easements, plat restrictions or similar mechanisms, to providing access for vehicles and pedestrians to properties other than the property within the tract or easement. It may also provide space for utility lines and appurtenances and other devices and facilities benefiting nearby properties or the public. See definition of "ingress/egress and utilities easement." Waterwardmeans toward the body of water. Well means a hole or shaft sunk into the earth to tap an underground supply of water. Wellfield means an area containing two or more wells with overlapping zones of contribution that supply a public water system. Wellhead means the top of the shaft of a well or similar water extraction facility from which potable water is extracted. Wellhead capture zone means an area in which groundwater is calculated to travel to a pumping well. Capture zones are usually defined according to the time that it takes for water within a particular zone to travel to a well.' Calculated capture zones usually only approximate actual capture zones as a result of assumptions required to conduct the calculation. Wellhead protection area (WHP A) means the surface and subsurface area surrounding a well or wellfield that supplies a public water system through which contaminants are likely to pass and eventually reach the water well(s) as designated under the Federal Clean Water Act. Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of Ecology publication No. 96-94) as set forth in WAC 173-22-080, as it exists as of November 1, 1999, or as subsequently amended, will be used for identification and delineation of wetlands within the city. Although a site-specific wetland may not meet the criteria described above, it will be considered a regulated wetland if it is functionally related to another wetland that meets the criteria. Regulated wetlands means: (I) Those wetlands, as described below, which fall into one or more of the following categories: a. Category I wetlands meet one of the following criteria: 1. Contain the presence of species or documented habitat recognized by state or federal agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or 2. Contain the presence of plant associations of infrequent occurrence, irreplaceable ecological functions, or exceptional local significance including but not limited to estuarine systems, peat bogs and fens, mature forested wetlands, groundwater exchange areas, significant habitat or unique educational sites; or 3. Have three or more wetland classes, one of which is open water. b. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the characteristics of Category I wetlands, and meet one of the following criteria: 1. Are contiguous with water bodies or tributaries to water bodies which under normal circumstances contain or support a fish population, including streams where flow is intermittent; or 2. Are greater than one acre in size in its entirety; or 3. Are less than or equal to one acre in size in its entirety and have two or more wetland classes, with neither class dominated by non-native invasive species. c. Category III wetlands are greater than 2,500 square feet in area and do not exhibit those characteristics of Category I or II wetlands. (2) See definition of "regulated lakes." Wholesale trade means a commercial establishment which sells to retail establishments. Zero lot line means the location of a building in such a manner that one or more of the building's sides rest directly on a lot line. FWCC Chapter 22, Article 1, "Definitions" OSC Code Amendment - September 10, 2008 Page 20 of21 Zones mean use zones as described in FWCC 22-596 through 22-906. Zoning map means the series of maps adopted by the city, and designated the official zoning map of the city, showing the geographical location of use zones within the municipal boundaries. (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, 4-16-91; Ord. No. 91-100, ~ 4, 6-4-91; Ord. No. 91-105, ~ 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, ~ 3, 5-20-97; Ord. No. 97-291, ~ 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. 99-347, ~ 3, 8-3-99; Ord. No. 99- 348, ~ 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, ~ 3, 10-18-05; Ord. No. 06-515, ~ 3, 2-7-06; Ord. No. 06-533, ~ 5(Exh. A), 9-19-06; Ord. No. 07-545, ~ 3(Exh. A), 1-2-07; Ord. No. 07-554, ~ 5(Exh. A(3)), 5-15-07; Ord. No. 07-559, ~ 3(Exh. A), 7-3-07) K:\2008 Code Amendments\Cargo Containers\Planning Commission\091708 Meeting\Final Article I Definitions.doc FWCC Chapter 22, Article 1, "Definitions" OSC Code Amendment - September 10, 2008 Page 21 of21 EXHIBIT B PROPOSED TEXT AMENDMENTS Federal Way City Code (FWCC) Chapter 22, "Zoning" Article IV, "Nonconformance" (City File No. 08-102684-00-UP) Federal Way City Code Chapter 22 - Zoning Article IV - Nonconformance OUTDOOR STORAGE CONTAINERS TEXT AMENDMENT (September 10, 2008) Sections: 22-325 Purpose and intent. 22-326 Administration. 22-327 When conformance is required. 22-328 Regulations applicable to nonconforming use. 22-329 Abatement of nonconformance that was illegal when initiated. 22-330 Immediate compliance with certain provisions required. 22-331 Certain nonconformances specifically regulated - Generally. 22-332 Nonconforming use. 22-333 Nonconforming procedure. 22-334 Nonconforming development. 22-335 Nonconforming signs. 22-336 When public improvements must be installed. 22-337 Nonconforming water quality improvements. 22-338 Special provisions for residential uses. 22-338.1 Nonconforming accessory dwelling units. 22-338.2 Nonconforming adult entertainment, activity, retail, or use. 22-338.3 Nonconformine: outdoor storae:e containers. 22-339 Special provisions for compliance with government regulations. 22-340 Special provisions for critical aquifer recharge areas and wellhead protection areas. 22-341 Prohibition on increasing nonconformance. 22-342 Applicability of building codes. 22-343 Special provision for damaged improvements. 22-344 Appeals. 22-325 Purpose and intent. The purpose of this article is to allow for the continuance and maintenance of legally established nonconforming uses and structures, and to provide standards delineating the circumstances in which nonconforming uses and structures must be brought into conformance with the standards and provisions prescribed within this chapter. In particular, the intent ofthis article is to: (1) Ensure a reasonable opportunity for use of legally created lots which do not meet current minimum code requirements for the zoning district in which they are located. (2) Ensure a reasonable opportunity for use, maintenance and minor improvement of legally constructed buildings, structures and site development features, encourage a reasonable opportunity for a change of tenants using such buildings, structures, or features, even where those buildings, structures and features do not comply with development regulations prescribed by this chapter, and provide more flexibility relative to structures and developments that were built in accordance with the codes and laws in effect at the time of construction. (3) Ensure a reasonable opportunity for continuation of legally established uses which do not conform to use regulations for the zoning district in which they are located. FWCC Chapter 22, Article IV, "Nonconformance" OSC Code Amendment - September 10, 2008 Page 1 of 15 (4) Encourage the replacement of nonconforming uses having potentially undesirable impacts on conforming uses. (5) Encourage the upgrading of nonconforming buildings, structures and site development features which do not comply with development regulations prescribed by this chapter. (Ord. No. 97-307, ~ 3, 12-16-97; Ord. No. 04-468, ~ 3,11-16-04) 22-326 Administration. This article establishes when and under what circumstances nonconforming aspects of a use or development must be brought into conformance with this chapter. The provisions of this article should be used only if there is some aspect of the use or development on the subject property that is not permitted under this chapter. (Ord. No. 90-43, ~ 2(165.05), 2-27-90; Ord. No. 91-113, ~ 4(165.05), 12-3-91; Ord. No. 92- 135, ~ 3(165.05), 4-21-92; Ord. No. 92-144, ~ 3(165.05), 6-16-92; Ord. No. 97-307, ~ 3, 12-16-97; Ord. No. 04-468, ~ 3, 11-16-04) 22-327 When conformance is required. If an aspect, element, activity or use of or on the subject property conformed to the applicable zoning chapter in effect at the time that aspect, element, activity or use was constructed or initiated, that aspect, element, activity or use may continue and need not be brought into conformance with this chapter unless a provision of this article requires conformance. (Ord. No. 90-43, ~ 2(165.10), 2-27-90; Ord. No. 91-113, ~ 4(165.10),12-3-91; Ord. No. 92-135, ~ 3(165.10),4-21-92; Ord. No. 92-144, ~ 3(165.10),6-16-92; Ord. No. 97- 307, ~ 3,12-16-97; Ord. No. 04-468, ~ 3,11-16-04) 22-328 Regulations applicable to nonconforming use. If a use is nonconforming in the zone in which it is located, this chapter does not establish applicable dimensional or other regulations. If the use is a legal nonconforming use, the city will, in order to identify applicable regulations, determine the zone that allows the uses most similar to the nonconforming use and apply the development regulations of that zone. If the use is a legal nonconforming use that is allowed in one or more zones other than the zone in which it is located, the city shall determine the zone most similar to the zone in which the nonconforming use is located and apply the development regulations of that zone. (Ord. No. 90-43, ~ 2(165.15), 2-27-90; Ord. No. 91-113, ~ 4(165.15),12-3-91; Ord. No. 92-135, ~ 3(165.15), 4-21-92; Ord. No. 92-144, ~ 3(165.15), 6-16-92; Ord. No. 97-307, ~ 3,12-16-97; Ord. No. 04-468, ~ 3, 11-16-04) 22-329 Abatement of nonconformance that was illegal when initiated. (a) Generally. Except as specified in subsection (b) of this section, any nonconformance that was illegal when initiated must immediately be brought into conformance with this article. The city may, using the provisions of this article or any other applicable law, immediately abate any nonconformance that was illegal when initiated. (b) Exceptions. If a nonconformance has ever been in complete conformance with an applicable zoning code it may continue to exist subject to the provisions of this article, and it is not subject to abatement under subsection (a) of this section. (Ord. No. 90-43, ~ 2(165.20), 2-27-90; Ord. No. 91-113, ~ 4(165.20),12-3-91; Ord. No. 92-135, ~ 3(165.20), 4-21-92; Ord. No. 92-144, ~ 3(165.20),6-16-92; Ord. No. 97- 307, ~ 3,12-16-97; Ord. No. 04-468, ~ 3,11-16-04) 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (1) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformanc~ with the air quality standards in FWCC 22-947; FWCC Chapter 22, Article IV, "Nonconformance" OSC Code Amendment - September 10, 2008 Page 2 of 15 (6) Nonconformance with the standards in the International Fire Code and FWCC 8-51 through 8- 120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; (7) Nonconformance with the odor standards in FWCC 22-958; (8) Nonconformance with the provisions in FWCC 22-1111 et seq. regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regarding junk; (10) Nonconformance with the glare standards in FWCC 22-950; (11) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions ofFWCC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection (a) of this section. (Ord. No. 90-43, ~ 2(165.25), 2-27-90; Ord. No. 91-113, ~ 4(165.25),12-3-91; Ord. No. 92-135, ~ 3(165.25),4-21-92; Ord. No. 92-144, ~ 3(165.25), 6-16-92; Ord. No. 97-307, ~ 3,12-16-97; Ord. No. 04-457, ~ 3, 2-3-04; Ord. No. 04-468, ~ 3, 11-16-04) 22-331 Certain nonconformances specifically regulated- Generally. (a) FWCC 22-332 through 22-336 specify when and under what circumstances certain nonconformances must be corrected. If a nonconformance must be corrected under this section, the applicant must, as part of the application for any development permit, submit all information that the city reasonably needs to review the correction. In addition, the city will not issue a certificate of zoning compliance or permit occupancy until the correction is made. (b) If FWCC 22-330 applies to a specific nonconformance, the provisions of this section do not apply to that same nonconformance. (Ord. No. 90-43, ~ 2(165.35(1)), 2-27-90; Ord. No. 91-113, ~ 4(165.35(1)),12-3- 91; Ord. No. 92-135, ~ 3(165.35(1)), 4-21-92; Ord. No. 92-144, ~ 3(165.35(1)),6-16-92; Ord. No. 97-307, ~ 3,12- 16-97; Ord. No. 04-468, ~ 3, 11-16-04) 22-332 Nonconforming use. (a) Any nonconforming use must be terminated if: (I) The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the nonconforming use; (2) Other than as specified in subsection (1) of this section, the applicant is making changes or alterations or doing work, other than normal maintenance, in anyone consecutive 12-month period to any structure that houses or supports the nonconforming use and the fair market value of that change, alteration or work exceeds 15 percent of the assessed or appraised value of that structure. The applicant may provide an appraisal of the structure on the subject property. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used; (3) The subject property has been abandoned. (b) Subsections (a)(I) and (2) of this section do not apply to expansions or alterations to a structure that houses or supports a nonconforming use when the purpose is to establish, expand, or alter a conforming use. (Ord. No. 90-43, ~ 2(165.35(2)), 2-27-90; Ord. No. 91-113, ~ 4(165.35(2)), 12-3-91; Ord. No. 92- 135, ~ 3(165.35(2)),4-21-92; Ord. No. 92-144, ~ 3(165.35(2)), 6-16-92; Ord. No. 97-307, ~ 3, 12-16-97; Ord. No. 04-468, ~ 3, 11-16-04; Ord. No. 06-515, ~ 3, 2-7-06) 22-333 Nonconforming procedure. Repealed by Ord. No. 97-307. (Ord. No. 90-43, ~ 2(165.35(3)), 2-27-90; Ord. No. 91-113, ~ 4(165.35(3)), 12-3-91; Ord. No. 92-135, ~ 3 (165.35(3)),4-21-92; Ord. No. 92-144, ~ 3 (165.35(3)),6-16-92; Ord. No. 04-468, ~ 3, 11-16-04)0 FWCC Chapter 22, Article IV, "Nonconformance" OSC Code Amendment - September 10, 2008 Page 3 of 15 22-334 Nonconforming development. (a) If any aspect, structure, improvement or development does not conform to the development regulations prescribed in this chapter, that aspect, structure, improvement or development must be brought into conformance or otherwise improved as set forth below. (I) Change of use - Single-tenant site. If any applicant proposes a change of use on property used or occupied by a single tenant or use, the applicant shall meet those provisions determined by the director to be reasonably related and applicable to the change of use. These provisions shall apply to the entire site. (2) Change of use - Multi-tenant site. If an applicant proposes a change of use on only a portion of property occupied by multiple tenants or uses, the applicant shall meet those provisions determined by the director to be reasonably related and applicable to the change of use. These provisions shall apply only to that geographic portion of the site related to the use or tenant space on which the change is proposed. (3) Increase in gross floor area. If an applicant proposes to increase the gross floor area of any use on the subject property in anyone of the following ways, the applicant shall comply with the development regulations in effect at the time of the proposal, as specified below: a. If expansion of gross floor area of an existing building occurs either through addition of new floors within the structure or enlargement of the existing building footprint, the applicant shall comply with all development regulations in effect at the time the expansion is proposed. If the property on which the expansion is proposed is occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the expansion is proposed; or b. If a new and separate structure is being constructed on an already developed site, the applicant shall comply with all development regulations applicable to the geographic portion of the site on which the new structure and any related improvements are to be constructed; or c. If the increase in gross floor area involves an existing single-family residential dwelling, the applicant shall comply with the development regulations in effect at the time of the proposal. For single- family residences, existing nonconformities may remain and continue so long as the existing nonconformities are not being increased or expanded in any way. New construction or renovation which involves the increase in gross floor area of a nonconforming single-family structure is subject to all applicable requirements of this Code including but not limited to provisions related to critical areas (Article XIV), off-street parking (Article XV), improvements (Article XVI), and landscaping (Article XVII). d. If the increase in gross floor area involves an existing single-story building in the city center that is nonconforming as to the ground floor size limits established in Article XI, Division 8, the existing building footprint shall not be enlarged, except the director may approve 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 square feet per building in anyone consecutive 12-month period, and shall not increase the extent of any other nonconformance. (4) Abandonment. If an applicant proposes any work, including tenant improvements, on property that has been abandoned, the applicant shall comply with all development regulations applicable to the subject property, to the extent physically or technically practicable on the site. (5) The use conducted on the subject property has ceased for more than one year, in which case the applicant shall repair and/or restore the improvements on the site (e.g., drainage, landscaping, curbing, parking, parking lot landscaping, etc.) to a condition as near as physically possible to the condition required by the requirements of approval of the existing development. (6) The applicant is making any alteration or changes or doing any work, other than normal maintenance, tenant improvements, or minor additions noted in subsection (a)(3)(d) of this section, in any one consecutive 12-month period to an improvement that is nonconforming and the fair market value of the alteration, change or other work exceeds 50 percent of the assessed or appraised value of that improvement. The applicant may provide an appraisal of the improvement. The appraisal must be from a FWCC Chapter 22, Article IV, "Nonconformance" OSC Code Amendment - September 10, 2008 Page 4 of15 source acceptable to the city. The director may require the applicant to provide an appraisal from a second source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. Ifmore than one appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. In the event this subsection is triggered with respect to a single-tenant or single-occupant site, the applicant shall meet all development regulations applicable to the property. In the event this subsection is triggered with respect to a site occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the alteration, change or improvement is proposed. For purposes of this determining value under this section, improvements required pursuant to this section (nonconforming development), FWCC 22-336 (when public improvements must be installed), 22-337 (nonconforming water quality improvements) and 22-1473 (when public improvements must be installed) shall not be counted towards the 50 percent threshold which would trigger application of this subsection. (b) This section does not govern application of Article XIX, community design guidelines; application of Article XIX is governed by FWCC 22-1630 through 22-1639, as amended. This section also does not govern application of development regulations relating to water quality, signs, or street/sidewalk improvements; application of those dev~lopment regulations is governed by FWCC 22- 335,22-336,22-337 and 22-1472, all as amended. (Ord. No. 90-43, S 2(165.35(4)), 2-27-90; Ord. No. 91-113, S 4(165.35(4)),12-3-91; Ord. No. 92-135, S 3(165.35(4)), 4-21-92; Ord. No. 92-144, S 3(165.35(4)), 6-16-92; Ord. No. 97-307, ~ 3, 12-16-97; Ord. No. 02-420, ~ 3, 7-2-02; Ord. No. 04-468, ~ 3,11-16-04; Ord. No. 06-515, ~ 3,2- 07-06) Editor's note - Ordinance No. 97-307, ~ 3, adopted December 16, 1997, amended ~ 22-334 to read as herein set out. Formerly, such section pertained to certain nonconformance specifically regulated - nonconforming parking. 22-335 Nonconforming signs. (a) Purpose. In order to ease the economic impact of this Code on businesspersons with substantial investment in signs in existence on the date of adoption of this Code, or on the date of annexation if located in areas annexed to the city thereafter, this section provides for up to 10 years of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this 10-year time period and/or may be amortized for federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. (b) Definitions. A "nonconforming sign" means any sign as defined by FWCC 22-1597 which was legally in existence on the effective date of this Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city thereafter, but which does not comply with the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this Code. Any words, terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in FWCC 22-1 and 22-1597. (c) Legal nonconformance. (1) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of this Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city thereafter which does not conform with the provisions of this Code, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: a. The sign was covered by a sign permit on the date of adoption of this Code, if one was required under applicable law; or b. If no sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the date of adoption of this Code. (2) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this section. (3) Exclusions. Except for billboards, off-site signs, and roof signs, prohibited signs as defined in FWCC 22-1600 shall not be eligible for characterization as legal nonconforming signs and must be removed upon notification by the city. FWCC Chapter 22, Article IV, "Nonconformance" OSC Code Amendment - September 10, 2008 Page 5 of 15 (d) Notice of determination. (I) Required. After the city conducts a sign inventory, the city shall analyze whether each sign complies with the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this Code, and shall issue a notice of determination which specifies whether the sign complies or not. If a sign conforms to this chapter, it shall be issued a registration sticker. If a sign is determined to be legally nonconforming, the sign will be issued a sign inventory sticker and shall be amortized pursuant to subsection (e) of this section. Signs that do not comply with the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this Code or are not eligible for characterization as legal nonconforming signs must be removed upon notification by the city. (2) Necessary information. The information associated with a sign and its sign inventory number shall consist of the name and address of the sign user, the sign owner, and the owner ofthe property upon which the sign is located, information about the sign, such as sign type, area, height, dimensions, location, a photo of the sign, and such other pertinent information as the director of community development may require to ensure compliance with the Code, which may include proof of the date of installation of the sign. (e) Amortization. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code, on or before February 28,2000, or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. Upon the expiration of the amortization period, the sign shall be brought into conformance with this Code, with a permit obtained, or be removed. A sign prohibited pursuant to FWCC 22-1600 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. (f) Extension or exemption from amortization period. (1) Applicability. This subsection applies to any sign which is required to be removed pursuant to subsection (e) of this section following expiration of the amortization period. (2) Purpose. A sign amortization exemption or extension is a mechanism by which the city may provide relief from the effect of the sign amortization program when its enforcement would fail to noticeably improve the appearance of the neighborhood and the city and when a hardship would result from its enforcement. (3) Who may apply. The property owner or the person displaying the sign which is required to be removed pursuant to subsection (e) of this section may apply for a sign amortization extension or exemption. (4) Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: a. The sign is compatible with the architectural design of structures on the subject property; b. The sign substantially complies with the requirements of the sign code for the land use district in which it is located. For purposes of this subsection, "substantial compliance" means that the height of the sign is within 10 percent of the sign height required by Article XVIII of this Code and that the sign area of the sign is within 20 percent of the sign area required by Article XVIII of this Code. Minor deviations from these percentages may be approved by the administrator ifhe or she concludes that the resulting sign is harmonious with the character of the primary structures on the subject property and with the signs and structures on surrounding properties; c. The enforcement of this Code would result in a substantial hardship to the applicant due to the size, shape, topography, location or surroundings of the subject property and such hardship was not created by any action of the applicant; d. The sign complies with the city's minimum sign distance at intersection requirements pursuant to FWCC 22-1151 et seq.; e. If illuminated, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not directly visible; f. It is consistent with the city's comprehensive plan; and g. It is consistent with the public health, safety and welfare. FWCC Chapter 22, Article lV, "Nonconformance" OSC Code Amendment - September 10, 2008 Page 6 of 15 (5) Applicable procedure. Except as otherwise provided by this subsection (f), the city will process an application for a sign amortization exemption or extension through process I of this Code. (g) Loss of legal nonconforming sign status. All legal nonconforming signs shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefore, and such legal nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: (I) Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated. (2) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12-month period, to any structure that houses or supports the use with which the legal nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure as determined by the King County assessor. (3) Abandonment or business cessation. The subject property containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days. (4) Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. (5) Change in use. There has been a change in use on the subject property as that term is defined by FWCC 22-1. (6) Change in tenant. There has been a change in tenant or business on the subject property. In connection with any multiuse or multi-tenant complex, the foregoing events which require that a legal nonconforming sign be either removed or brought into conformance with this Code shall apply only to the individual owner's or tenant's building-mounted or freestanding signs who has triggered the elimination ofthe legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant's name. (7) Expiration of amortization period. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code, on or before February 28, 2000, or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. (h) Historic signs. Nonconforming on-site historical signs may be retained through process II, Article VII of this Code, if the sign is determined to be of historic significance by satisfying all of the following criteria: (1) The sign is used in connection with a building which has been designated as a historic building pursuant to any federal, state or local preservation authority; (2) The subject sign or signs are substantially unchanged or unaltered since initial installation; (3) The subject sign or signs are a good example of the prevailing signage during the period in time it was installed; and (4) The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfare. (i) Government acquisition of property for right-of-way. (1) A sign that becomes nonconforming with respect to its setback from the edge of a public right-of-way as a result of a local, state, or federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of subsection (i)(3) of this section. FWCC Chapter 22, Article IV, "Nonconformance" OSC Code Amendment - September 10, 2008 Page 7 of 15 (2) The city may, using process I, allow the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria: a. The enforcement of this Code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, state, or federal government acquisition of property for right- of-way expansion and not by any action of the applicant; b. The sign is not prohibited by FWCC 22-1600 and, except for location within a required setback, complies with all other requirements ofFWCC 22-1596 through 22-1629; c. The sign complies with the city's minimum sight distance at intersection requirements pursuant to FWCC 22-1151 et seq.; and d. Location of the sign with a required setback is otherwise consistent with the public health, safety, and welfare. (3) Loss of legal nonconforming sign status. All nonconforming signs specified in subsections (i)(I) and (2) of this section shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more ofthe following events occurs: a. The applicant is making any changes, alterations, or performs any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that any copy change in a center identification or tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation; except that a legal nonconforming sign may be relocated without losing its legal nonconforming status and eligibility for the 10-year amortization period so long as all of the following conditions are met: (i) the sign is under threat of eminent domain and the subject of a consent decree or settlement agreement executed with a local, state, or federal government; (ii) the consent decree or settlement agreement was executed and filed with the court or recorded prior to the effective date of annexation; (iii) the consent decree or settlement agreement does not compensate the owner of the sign for bringing the sign into conformance with the provisions of this chapter; (iv) the owner of the sign applies for a permit to relocate the sign within six months of the date the consent decree or settlement agreement was filed; and (v) the owner makes no changes to the sign that increase the nonconformance of the sign; or b. The applicant is making any changes, alterations, or performs work other than normal maintenance or other than tenant improvements to any structure or improvement that houses or supports the use with which the nonconforming sign is associated, and the fair market value of those changes, alterations, or other work, in anyone consecutive 12-month period, exceeds 75 percent of the assessed value ofthat structure or improvement, as determined by the King County assessor. The applicant may provide an appraisal of the structure or improvement. The appraisal must be from a source that is acceptable to the city. The community development services director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. If an appraisal acceptable to the city is provided by the applicant or required by the city, the larger of the two amounts shall be used. For purposes of determining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336 (street/sidewalk improvements) shall not be counted towards the 75 percent threshold, which would trigger application of this subsection. (j) Exemption. The city may elect not to apply any provision of this section if the removal of a sign would require the city to pay compensation under any federal, state or other law, including Chapter 47.42 RCW. (Ord. No. 90-43, S 2(165.35 (5)), 2-27-90; Ord. No. 91-113, S 4 (165.35(5)), 12-3-91; Ord. No. 92-135, S 3 (165.35(5)),4-21-92; Ord. No. 92-144, S3 (165.35(5)), 6-16-92; Ord. No. 95-235, S 3, 6-6-95; Ord. No. 97-307, S 3,12-16-97; Ord. No. 99-357, S 4,12-7-99; Ord. No. 01-398, S 1,7-17-01; Ord. No. 04-468, S 3,11-16-04; Ord. No. 05-486, S 3, 4-19-05) FWCC Chapter 22, Article IV, "Nonconformance" OSC Code Amendment - September 10, 2008 Page 8 of 15 22-336 When pnblic improvements must be installed. Any applicant for a development permit for any type of activity on property on which a nonconformance is located shall provide the improvements required by Article XVI of this chapter, as provided in FWCC 22-1473, as amended. (Ord. No. 90-43, ~ 2(110.20), 2-27-90; Ord. No. 97-307, ~ 3,12-16- 97; Ord. No. 04-468, ~ 3,11-16-04) Editor's note - Ordinance No. 97-307, ~ 3, adopted December 16, 1997, amended ~ 22-336 to read as herein set out. Formerly, such section pertained to nonconforming signs - nonconforming buffers and derived from Ord. No. 90-43, ~ 2(165.35(6)), 2-27-90; Ord. No. 91-113, ~ 4(165.35(6)),12-3-91; Ord. No. 92-135, ~ 3(165.35(6)),4-21- 92; Ord. No. 92-144, ~ 3(165.35(6)), 6-16-92. 22-337 Nonconforming water quality improvements. This section sets forth the standards when and under what circumstances a structure, improvement or development or property that does not conform to the development regulations prescribed in Chapter 21 FWCC (as amended) relating to water quality, or does not conform to the development regulations contained in Article XIII, Division 12, ofthis chapter (FWCC 22-1196 through 22-1220, as amended) must be brought into compliance with the development regulations in Chapter 21 FWCC pertaining to water quality and Article XIII, Division 12 of this chapter (FWCC 22-1196 through 22-1220, as amended). (I) Redevelopment. Any person proposing to redevelop a structure, improvement, development or property must bring that structure, improvement, development or property into compliance with the development regulations in Chapter 21 FWCC pertaining to water quality and Article XIII, Division 12 of this chapter (FWCC 22-1196 through 22-1220, as amended), where the proposed redevelopment meets or exceeds the thresholds set forth below. For the purposes of this section, "redevelop" or "redevelopment" means, on an already developed site: the creation or addition of impervious surface; the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling, where the structural development exceeds 50 percent of the assessed or appraised value of the structure or improvement being redeveloped; the repair or replacement of impervious surface that is not part of a routine maintenance activity; a change of use which has a potential to release a new pollutant(s) to the city's surface water systems; or land disturbing activities associated with impervious redevelopment. a. Redevelopment which involves the creation or addition of impervious surfaces having an area of 5,000 square feet or more; b. Redevelopment which involves the construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more; c. Redevelopment which involves the repair or replacement of 5,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity; d. Redevelopment which involves the collection and/or concentration of surface and/or stormwater runoff from a drainage area of 5,000 square feet or more; e. Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area determined by the public works director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; f. Redevelopment which involves a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s)" means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change 10 use; FWCC Chapter 22, Article IV, "Nonconformance" OSC Code Amendment - September 10, 2008 Page 9 of 15 g. Redevelopment, other than normal maintenance or other than the tenant improvements, but including any increase in gross floor area, in anyone consecutive 12-month period which exceeds 50 percent ofthe assessed or appraised value (whichever is greater) ofthe structure or improvement being redeveloped. The applicant may provide an appraisal of the improvement. The appraisal must be from a source acceptable to the city. The director may require the applicant to provide an appraisal from a second source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. If more than one appraisal is provided by the applicant or required by the city, the greater ofthe two amounts shall be used. For purposes of this determining value under this section, improvements required pursuant to FWCC 22-334 (nonconforming development), 22-336 (street/sidewalk improvements), 22-337 (nonconforming water quality improvements) and 22-1473 (street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection; h. Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem, as determined by the public works director based on a map, plan, water quality monitoring data or a written policy in existence or implemented by the director prior to submission of a redevelopment application determined to trigger application of this subsection, where the director determines that the redevelopment requires additional specific controls to address the documented water quality problem. (2) Timing. All improvements required by this section shall be constructed or installed concurrent with the redevelopment triggering application of this section, unless an applicant for redevelopment opts to pursue incremental construction of required improvements. In that event, the applicant shall develop and submit to the public works director a stormwater management plan detailing all of the improvements required by this section, and proceed according to the following subsections. a. Extent of construction of required water quality improvements. Where the public works director determines that incremental construction is physically feasible, the applicant shall construct that portion ofthe required im d' h fl ll' h d I Iprovements accor mj:/; to t e 0 owmj:/; sc e u e: % of Redevelopment % of Water Quality Improvements 0-24 25 25 - 49 50 >50 100 Where construction of 100 percent of water quality improvements is required under this subsection, the improvements may be constructed over a period extending no more than five years from the date of approval of the redevelopment. A person choosing to utilize such extended construction shall provide, prior to approval of the stormwater management plan, a performance bond and bond agreement that: 1. Have a term equal to the construction schedule proposed in the plan; and 2. Comply with the applicable requirements of FWCC 22-147 through 22-175, as amended. b. Incremental construction not feasible. Where the public works director determines that incremental construction is not physically feasible, 100 percent of the required water quality improvements must be installed, concurrent with the redevelopment. c. Calculation of redevelopment value. For purposes of calculating the value of redevelopment in order to apply subsection (2)(a) of this section, the public works director shall consider the cost of the proposed redevelopment as a percentage ofthe assessed or appraised value (whichever is greater) of all structures on the subject property. If an appraisal is used, it must be prepared by an MAl appraiser acceptable to the city, and paid for and submitted by the applicant. d. Subsequent redevelopment. Whenever any person seeks approval for redevelopment on property for which incremental construction of required water quality improvements was previously authorized pursuant to this subsection (2), any additional water quality improvements to be required shall be determined by application of the schedule in subsection (2)(a) of this section based on the stormwater FWCC Chapter 22, Article IV, "Nonconformance" OSC Code Amendment - September 10, 2008 Page 10 of15 management plan prepared as part of the first request for authorization of incremental construction. If water quality requirements have changed since preparation of the initial stormwater management plan, a new plan shall be prepared detailing improvements required to comply with any existing and new requirements, and the schedule in subsection (2)(a) of this section shall also be applied to the new plan. (3) Location of water quality improvements. A person proposing redevelopment on a property or site having a Federal Way comprehensive plan designation ofCC-F (City Core - Frame) or CC-C (City Core - Center) may construct water quality facilities required by this section below grade. (Ord. No. 04- 468, ~ 3,11-16-04) Editor's note - Ordinance No. 91-307, ~ 3, adopted December 16, 1997, amended ~ 22-337 to read as herein set out. Formerly, such section pertained to nonconforming signs - any other nonconformance and derived from Ord. No. 90-43, ~ 2(165.35), 2-27-90; Ord. No. 91-113, ~ 4(165.35),12-3-91; Ord. No. 92-135, ~ 3(165.35),4-21-92; Ord. No. 92-144, ~ 3(165.35),6-16-92. 22-338 Special provisions for residential uses. If the subject property contains a residential use that became nonconforming as to use or density as a result of the adoption of this chapter, the following regulations apply: (1) If the improvements on the subject property are damaged or destroyed by any sudden cause, the structure may be rebuilt; provided, that the number of dwelling units and the gross floor area in and on the subject property may not be increased from that which existed immediately prior to the damage or destruction and any other nonconformity of or on the subject property may not in any way be increased. The provisions ofthis subsection are only available if the applicant applies for a building permit within 12 months after the sudden damage or destruction and construction is commenced and completed under that building permit. (2) Other than as specified in subsection (1) of this section, the nonconforming use or density must be corrected ifthe applicant is making changes, alterations or doing other work, other than normal maintenance, in any 12-month period to any structure on the subject property containing multi-unit housing (attached and/or stacked dwelling units) and fair market value of these changes, alterations or other work exceeds 50 percent of the assessed or appraised value of that multi-unit structure. The applicant may provide an appraisal of the improvement. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. Changes, alterations, additions or other work is subject to all applicable requirements of this Code including but not limited to provisions related to critical areas (Article XIV), off-street parking (Article XV), improvements (Article XVI), and landscaping (Article XVII). (3) Other than as specified in subsection (1) of this section, the nonconforming use or density must be corrected if the applicant is making changes, alterations, adding improvements or doing other work other than normal maintenance, in any 36-month period, on the subject property containing a single- family use and fair market value of these changes, alterations, additions or other work exceeds 75 percent of the assessed or appraised value of that single-family structure. Changes, alterations, additions or other work must comply with all bulk, dimensional and other development requirements for a single-family detached dwelling located in the RS 7.2 zone (FWCC 22-631). The applicant may provide an appraisal of the improvement. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. Changes, alterations, additions or other work is subject to all applicable requirements of this Code including but not limited to provisions related to critical areas (Article XIV), off-street parking (Article XV), improvements (Article XVI), and landscaping (Article XVII). (Ord. No. 90-43, ~ 2(165.45), 2-27-90; Ord. No. 91-113, ~ 4(165.45), 12-3-91; Ord. No. 92-135, ~ 3(165.45),4-21-92; Ord. No. 92-144, ~ 3(165.45), 6-16-92; Ord. No. 97-307, ~ 3,12-16-97; Ord. No. 02-419, ~ 3, 7-2-02; Ord. No. 04-468, ~ 3,11-16-04) FWCC Chapter 22, Article IV, "Nonconformance" OSC Code Amendment - September 10, 2008 Page 11 of 15 Editor's note - Ordinance No. 97-307, ~ 3, adopted December 16, 1997, deleted S 22-338. Formerly, such section pertained to additional provision if a quasi-judicial decision is required and derived from Ord. No. 90-43, S 2(165.40),2-27-90; Ord. No. 91-113, S 4(165.40), 12-3-91; Ord. No. 92-135, S 3(165.40),4-21-92; Ord. No. 92- 144, S 3(165.40), 6-16-92. Subsequently, the same ordinance' renumbered SS 22-339 - 22-343 as 22-338 - 22-342. 22-338.1 Nonconforming accessory dwelling units. (a) Eligibility. Any nonconforming accessory dwelling unit ("ADU") located within the city limits on the date of adoption ofthis Code, February 28, 1990, or located in areas annexed to the city thereafter, which does not conform to FWCC 22-613, 22-648, 22-965 or any other provisions ofthis Code, is eligible for designation as a legal nonconforming ADU provided it meets the following requirements: (1) The ADU was covered by a permit on the date of adoption ofthis Code, if one was required under applicable law; or (2) If no permit was required under applicable law, the ADU was in compliance with applicable law on the date of adoption of this Code. (b) Allowed. All legal nonconforming ADUs are allowed subject to the provisions related to loss of nonconforming status and other limitations set forth in this chapter. (c) Loss of legal nonconforming ADU status. All nonconforming ADUs shall be immediately removed or modified to conform to all of the provisions of this Code and a permit secured therefor, and shall lose their legal nonconforming designation when one or more of the following events occur: (1) Increase in square footage. The applicant is increasing the gross floor area of any ADU; (2) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12-month period to any ADU and the fair market value of such changes, alterations or other work exceeds 50 percent of the assessed value of that ADU as determined by the King County assessor; (3) Abandonment or cessation of occupancy. The subject property containing the ADU is abandoned for 90 or more consecutive days or the ADU is not occupied for 180 consecutive days; or (4) Change in use. There has been a change in use on the subject property as that term is defined by FWCC 22-1. (Ord. No. 95-245, S 3(E), 12-5-95; Ord. No. 97-307, S 3, 12-16-97; Ord. No. 04-468, S 3,11-16- 04) Editor's note - Provisions enacted by S 3(E) ofOrd. No. 95-245, adopted Dec. 5, 1995, as S 22-339, have been included herein at the discretion of the editor as S 22-338.1. 22-338.2 Nonconforming adult entertainment, activity, retail, or use. Any adult entertainment, activity, use, or retail use located within the city limits on the effective date of this Code, which are either made nonconforming by this Code or which are existing nonconforming uses shall be terminated within one year; provided, however, that such termination date may be extended upon the approval of an application filed with the city's community development director within 120 days of the effective date of this Code provision requesting an extension to such one-year amortization period. The director's decision on whether or not to approve any extension period and the length of such period shall be based upon the applicant clearly demonstrating extreme economic hardship based upon an irreversible financial investment or commitment made prior to February 1, 1999, which precludes reasonable alternative uses of the subject property. (Ord. No. 99-347, S 3, 8-3-99; Ord. No. 04-468, S 3,11-16- 04) 22-338.3 Nonconformine: outdoor storae:e containers. (1) Elie:ibilitv. Anv outdoor storae:e container located within the city limits on the date of adoption of this Code. February 28. 1990. located in areas annexed to the city thereafter on the date of annexation. or approved bv the city after February 28. 1990. and before the effective date of Ordinance 08-**** ree:ulatine: outdoor storae:e containers. which does not conform to FWCC 22- 1114. FWCC 22-963. or anv other applicable provisions ofthis Code. is elie:ible for desie:nation as a lee:al nonconformine: outdoor storae:e container provided it meets the followine: requirements: FWCC Chapter 22, Article IV, "Nonconformance" OSC Code Amendment - September 10, 2008 Page 12 of 15 (a) The outdoor storal!e container was established pursuant to a permit and is in compliance with any permit requirements. if one was required under applicable law; or (b) Uno permit was required under applicable law. the outdoor storal!e container was in compliance with applicable law. (2) Allowed. AlIlel!al nonconforminl! outdoor storal!e containers are allowed subiect to the provisions related to loss of nonconforminl! status and other limitations set forth in this chapter. (3) Loss of lel!al nonconforminl! status. All nonconforminl! outdoor storal!e containers shall be immediately removed or modified to conform to all of the provisions of this Code and a permit secured therefore. and shall lose their lel!al nonconforminl! desil!nation when one or more of the followinl! events occur: (a) Increase in l!ross floor area. The applicant is increasinl! the l!ross floor area ofthe principal use on the subiect property whereon the container is located; (b) Other alterations. The applicant is makinl! any chanl!e. alteration. or performinl! work other than normal maintenance or other than tenant improvements. to the improvements on the subject property in anv 12-month period and the fair market value of such chanl!es. alterations. or other work exceeds 50 percent of the assessed value of the development as determined by the Kinl! County assessor; (c) Abandonment. The subject property containinl! the storal!e container is abandoned for 90 or more consecutive days; or (d) Chanl!e in use. There has been a chanl!e in use on the subject property as that term is defined by FWCC 22-1. 22-339 Special provisions for compliance with government regulations. The provisions of this section will be followed regardless of any conflicting regulations of this article. Any regulations of this article which do not conflict with the provisions of this section are unaffected by this section. (1) Oil tanks. Any excavation, development activity or construction performed to comply with the "Underground Storage Tanks; Technical Requirements and State Program Approval; Final Rules" (40 CFR 280 and 281), as now existing or as hereafter amended or with the provisions of Chapter 90.76 RCW, or any regulations adopted thereunder, may not be used as the basis, or part of the basis, for requiring that nonconformance on the subject property be corrected. (2) Governmental acquisition of property for right-of-way expansion. A proposal for structural alterations or change in use shall not trigger a requirement otherwise applicable under FWCC 22-334 that an applicant correct an existing nonconformance as to lot coverage, minimum lot size, parking, landscaping, or setback requirements, if the nonconformance was created solely by a local, state, or federal government acquisition of property for right-of-way expansion, and if the proposal meets the following requirements: a. The nonconformity is not, in any way, enlarged, expanded, increased, intensified, compounded, or in any other way made greater; b. The applicant is making any alterations or changes or doing any work, other than tenant improvements and the fair market value of the alteration, change or other work, in anyone consecutive 12-month period, does not exceed 75 percent of the assessed or appraised value of the improvement. The applicant may provide an appraisal of the improvements. The appraisal must be from a source that is acceptable to the city. The community development services director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal acceptable to the city is provided by the applicant or required by the city, the larger of the two amounts shall be used. For purposes of determining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336 (street/sidewalk improvements) shall not be counted towards the 75 percent threshold which would trigger application of this subsection; and FWCC Chapter 22, Article IV, "Nonconformance" OSC Code Amendment - September 10, 2008 Page 13 ofl5 c. The proposal is otherwise consistent with the public health, safety, and welfare. (3) Other government regulations. Other than as specified in subsection (1) ofthis section, the city may, using process IV, exempt a property or use from any of the requirements of this article if: a. The actions or events which form the basis of requiring that nonconformance on the subject property be corrected are necessitated solely to comply with local, state or federal regulation; b. The actions necessitated to comply with those regulations will not significantly extend the expected useful life of the nonconforming aspect; and c. The public benefit of complying with the local, state or federal regulation clearly outweighs the public benefit in correcting the nonconformance. (Ord. No. 90-43, ~ 2(165.50), 2-27-90; Ord. No. 91-113, ~ 4(165.50), 12-3-91; Ord. No. 92-135, ~ 3(165.50),4-21-92; Ord. No. 92-144, ~ 3(165.50), 6-16-92; Ord. No. 97-307, ~ 3,12-16-97; Ord. No. 01-398, ~ 2, 7-17-01; Ord. No. 04-468, ~ 3,11-16-04) 22-340 Special provisions for critical aquifer recharge areas and wellhead protection areas. The provisions of this section will be followed regardless of any conflicting regulations of this article. Any regulations of this article which do not conflict with the provisions of this section are unaffected by this section. This section applies to any development activity which requires review under Chapter 18 FWCC, Environmental Protection. If a nonconformance must be corrected to comply with Chapter 22 FWCC, Article XIV, Division 9, the applicant must, as part of the application for the development permit, submit all information that the city reasonably needs to review the correction. In addition, the city will not issue a land use approval or building permit until the correction is made. (1) A nonconforming use as defined in FWCC 22-1373 may be continued unless the thresholds of FWCC 22-332 are reached, in which case it shall be terminated. (2) Regardless of the thresholds in FWCC 22-334, any use, applying for a development permit within Wellhead Capture Zones 1,2, or 3, must be brought into compliance with the performance standards specified in FWCC 22-1375. (Ord. No. 04-468,93,11-16-04) 22-341 Prohibition on increasing nonconformance. No nonconformance may, in any way, be enlarged, expanded, increased, intensified, compounded or in any other way made greater, except as specifically permitted in this article. (Ord. No. 90-43, 92(165.55), 2-27-90; Ord. No. 91-113, ~ 4(165.55),12-3-91; Ord. No. 92-135, ~ 3(165.55),4-21-92; Ord. No. 92-144, ~ 3(165.55),6-16-92; Ord. No. 97-307, 9 3,12-16-97; Ord. No. 04-468, 93, 11-16-04) 22-342 Applicability of building codes. Nothing in this article in any way supersedes or relieves the applicant from compliance with the requirements of the city's building codes, the International Building Code, the International Fire Code, and other construction-related codes as adopted and amended from time to time by the city. (Ord. No. 90- 43,92(165.60),2-27-90; Ord. No. 91-113, 94(165.60),12-3-91; Ord. No. 92-135, 9 3(165.60),4-21-92; Ord. No. 92-144,93(165.60),6-16-92; Ord. No. 97-307, 9 3,12-16-97; Ord. No. 04-468,93,11-16-04) 22-343 Special provision for damaged improvements. If a nonconforming improvement is damaged by sudden accidental cause, that improvement may be reconstructed only if it meets the following requirements and not otherwise: (1) The cost of reconstructing the damaged improvement does not exceed 75 percent of the assessed or appraised value of that improvement prior to the damage; except that no cost limit applies to the reconstruction of damaged improvements in the city center core and frame, and the director may require minor upgrades to the rebuilt improvements that are intended to achieve a greater level of compliance with the site and design guidelines in this chapter; and provided, that the upgrades are reasonably related to the improvement(s) and proportional to the reconstruction costs. The applicant may provide an appraisal of the improvement which has been damaged. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide FWCC Chapter 22, Article IV, "Nonconformance" OSC Code Amendment - September 10, 2008 Page 14 of 15 an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger ofthe two amounts shall be used. (2) The improvement, as reconstructed, is not any more nonconforming than it was immediately prior to the damage. (3) The applicant applies for building and any land use permits to reconstruct the damaged improvement within six months of the date of the damage and reconstructs the improvement pursuant to such permits. (Ord. No. 90-43, ~ 2(165.30), 2-27-90; Ord. No. 91-113, ~ 4(165.30), 12-3-91; Ord. No. 92-135, ~ 3(165.30),4-21-92; Ord. No. 92-144, ~ 3(165.30), 6-16-92; Ord. No. 97-307, ~ 3,12-16-97; Ord. No. 04-468, ~ 3, 11-16-04; Ord. No. 06-515, ~ 3, 2-7-06) 22-344 Appeals. Notwithstanding any other provision in this chapter, a decision ofthe director or the hearing examiner with respect to the application of any provision of this article shall be appealable as part of, and under the process applicable to, any appeal of a decision of the director or the hearing examiner on the underlying application or project for which city approval is sought. (Ord. No. 90-43, ~ 2(175.10(7), 2-27-90; Ord. No. 97- 291, ~ 3,4-1-97; Ord. No. 97-307, ~ 3, 12-16-97; Ord. No. 04-468, ~ 3, 11-16-04) K:\2008 Code Amendments\Cargo Containers\Planning Commission\091708 Meeting\Final Article IV Nonconformance.doc FWCC Chapter 22, Article IV, "Nonconformance" OSC Code Amendment - September 10, 2008 Page 15 of 15 I - i EXHIBIT C PROPOSED TEXT AMENDMENTS Federal Way City Code (FWCC) Chapter 22, "Zoning" Article XI, Sections 22-605 (SE), 22-639 (RS), 22-674 (RM), 22-697 (PO) 22-724 (BN), 22-754 (BC), 22-799 (CC-C), 22-812 (CC-F), and 22-829 (OP) (Note: related to cargo containers on school sites) (City File No. 08-102684-00-UP) -. 00 o o M o ..... l. QI .c e QI - C. QI rJ:J - rJ:J E-- Z ~ ~ ~ Z ~ ~ < E-- ~ ~ E-- rJ:J ~ ~ Z ~ < E-- Z o U ~ ~ ~ o E-- rJ:J ~ o o ~ E-- ~ o <Ii '0 o ..c: (j r.FJ In o I,Q I M M i:i 9 ...... u Q) '" :E ...- s ..c:: 1:: <8 ...- Q) '" '" Q) ...- o s::: "C:l s::: '" '" s::: o i ~ Q) .... 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EXHIBIT E PROPOSED TEXT AMENDMENTS Federal Way City Code (FWCC) Chapter 22, "Zoning" Article XIII, "Supplementary District Regulations" (City File No. 08-102684-00-UP) Federal Way City Code Chapter 22 - Zoning Article XIII - Supplementary District Regulations OUTDOOR STORAGE CONTAINERS TEXT AMENDMENTS (September 10, 2008) (Note: Does not reflect unrelated, non-substantial amendments in Ord. #07-573, as adopted but not yet codified.) Sections: Division 1. Generally 22-946 Accessory uses, buildin2s. and structures faeilities ftRd Qetivities. 22-946.1 Essential public facilities. 22-947 Air quality regulations. 22-948 Erosion and sedimentation regulation. 22-949 Garbage and recycling receptacles - Placement and screening. 22-950 Glare regulation. 22-951 Heat regulation. 22-952 Junk and junkyards prohibited. 22-953 Building site. 22-954 Lighting regulation. 22-955 Calculating lot coverage. 22-956 Maximum environmental noise levels. 22-957 Noise level bonds. 22-958 Odor. 22-959 Radiation. 22-960 Rooftop appurtenances - Required screening. 22-961 Rounding of fractions of dwelling units. 22-962 Planting requirements for certain trees. 22-963 Regulation of temporary trailers for construction. real estate sales offices. and outdoor stora2e containers for construction-related materials stora2e. 22-964 Re2ulation of Dortable movin2 containers for temDOrary accessory movin2 activities. 22-9645 Regulation of distance between structures - Regarding maximum horizontal facade. 22-9M..Q. Accessory dwelling units. 22-96&1 Personal wireless service facilities (PWSF). 22-96-1~ Development standards. 22-96&2 Nonconformance. 22-9&970 Temporary personal wireless service facilities. 22-97G I Application requirements. 22-97-1-2 Collocation. 22-97~.l EMF standards and interference. 22-97~ Removal of facility. 22-974~ Permit limitations. 22-97~.Q Revocation of permit. 22-97&1 Affordable housing regulations. 22-97+~ Increases to single-story construction limits - City center core and frame. 22-97&2-980. Reserved. FWCC Chapter 22, Article XlII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 1 of35 Division 2. Animals 22-981 Application of division. 22-982 Types of animals. 22-983 Other regulations. 22-984 Use must be accessory. 22-985 Household pets. 22-986 Small domestic animals. 22-987 Large domestic animals. 22-988 Bees. 22-989 Bonds. 22-990 - 22-1005 Reserved. Division 3. Development Activities and Heavy Equipment Operations 22-1006 Limitations. 22-1007 - 22-1025 Reserved. Division 4. Fences 22-1026 Barbed wire. 22-1027 Electrified fences. 22-1028 Razor wire fences prohibited. 22-1029 - 22-1045 Reserved. Division 5. Height 22-1046 Compliance generally. 22-1047 Exceptions. 22-1048 - 22-1065 Reserved. Division 6. Home Occupations 22-1066 Application. 22-1067 Purpose. 22-1068 Class I home occupation. 22-1069 Class II home occupation. 22-1070 Accessory structure related to home occupation. 22-1071 Domestic animals. 22-1072 - 22-1090 Reserved. Division 7. Land Modifications 22-1091 General provisions. 22-1092 Bonds. 22-1093 Permitted outright. 22-1094 Discretionary approval. 22-1095 Tree and plant restoration. 22-1096 - 22-1110 Reserved. Division 8. Outdoor Activities and Storage 22-1111 Application of division. 22-1112 Residential uses. 22-1113 Commercial and industrial uses. 22-1114 Re!!ulation of outdoor stora!!e containers for permanent accessory stora!!e. 22-1115 Permit requirements for permanent accessory outdoor stora!!e containers. 22-1114ft-22-1130. Reserved FWCC Chapter 22, Article XII1, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 2 of35 Division 9. Yard Requirements 22-1131 Scope of division. 22-1132 Exceptions and limitations in some zones. 22-1133 Structures and improvements. 22-1134 Outdoor uses, activities and storage. 22-1135 Driveways and parking areas. 22-1136 - 22-1150 Reserved. Division 10. Sight Distance at Intersections 22-1151 Generally. 22-1152 - 22-1159 Reserved. 22-1160 Permissible intrusion in the area to be kept clear of sight obstruction. 22-1161 - 22-1175 Reserved. Division 11. Commercial Vehicles, Recreational Vehicles, and Boats 22-1176 Parking and storage of commercial vehicles in residential zones limited. 22-1177 Parking and storage of recreational vehicles and boats in residential zones limited. 22-1178 Exceptions. 22-1179 Additional requirements. 22-1180 Limitation on use. 22-1181 - 22-1195 Reserved. Division 12. Water Quality 22-1196 Scope. 22-1197 Quality of water entering streams and lakes. 22-1198 Quality of water entering the public stormwater system. 22-1199 Quality of water entering the ground. 22-1200 Special enforcement provisions. 22-1201 Public nuisance. 22-1202 - 22-1220 Reserved. Division 1. Generally 22-946 Accessory uses, buildin2:s. and structures faeilities and aetivities. (a1) Generally. As limited by this section, accessory use~, buildings. and structures fooilities ana activities normally associated with as a permitted use. buildin2:. or structure are permitted as part of that use . buildin2:. or structure. +he aAccessory use~, buildin2:s. or structures faeility or aetiyity must be clearly secondary to the permitted principal uses. buildin2:. or structures. (bV Authority of director. The director of community development services is authorized to determine if a particular accessory use, buildin2:. or structure facility or aetivity is normally associated with. clearly secondary to. and actually accessory to the a particular permitted principal use. buildin2:. or structure ana ifthe partieular aeeessery lise, facility or aeti',ity is elearly secondary te the permitted use. (3) Accessory buildin2: size limits. Both the total 2:ross floor area and footprint of an accessory buildin2: must be less than the total 2:ross floor area and footprint of the principal buildin2: on the subiect property. respectively. (~ Exceptions and limitations. This ahapter establishes specific limitatiens and regulations fer certain accessery uses, faeilities and activities for some uses in some :lones. Where appliaahle, those ~ specific limitations and regulations apply under this chapter to particular accessory uses or structures. those limitations and re2:ulations supersede the general statement! efin subsection (a1) of this section. (Ord. No. 90-43, ~ 2(115.10), 2-27-90) FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10,2008 Page 3 of35 22-946.1 Essential public facilities. (a) Generally. The review and siting of essential public facilities shall conform to the following: (I) Class I facilities shall be reviewed under process IV, hearing examiner decision. Project review shall also include those special provisions outlined in subsection (b) of this section. (2) Class II facilities shall be reviewed under the zoning provisions and processes found in their respective zoning districts, unless they are found to be exempt under the Federal Fair Housing Act, in which case such exemption does not imply an exemption from applicable building or structural standards. (b) Site evaluation criteria. The following criteria will be utilized in evaluating siting proposals made by sponsoring agencies or organizations seeking to site Class I essential public facility in Federal Way. These criteria encompass an evaluation of regional and/or local need and local site suitability for the proposed facility. Findings concerning the proposal's conformance with each criteria shall be included in the documentation of any city decision relative to the project. (1) Demonstration of need. Project must establish the need for their proposed facility. Included in the analysis of need should be the projected service population, an inventory of existing and planned comparable facilities, and an assessment of demand for this type of essential public facility. (2) Relationship of service area to population. The facility should service a share of Federal Way's population within the city. The proposed site should also be in a location that reasonably serves i~s over-all service area population. (3) Minimum site requirements. Project sponsors shall submit documentation showing the minimum site requirement needs for the facility. Site requirements may be determined by any or all of the following parameters: Minimum size ofthe facility, access, necessary on-site support facilities, topography, geology and soils and mitigation requirements. The sponsor shall also identify any future expansions ofthe facility. (4) Alternative site selection. The sponsor shall document whether any alternative site have been identified that meet the minimum site requirements of the facility. Where a proposal involves expansion of an existing site, the documentation should indicate why relocation of the facility to another site would be infeasible. (5) Concentration of essential public facilities. In considering a proposal, the city shall examine the overall concentration of these facilities within the city to avoid placing undue burden on anyone neighborhood. (6) Public participation. Sponsors shall conduct local out reach efforts with early notification to prospective neighbors to inform them about the project and to engage local residents in site planning and mitigation design prior to the initiation of formal hearings. (7) Proposed impact mitigation. The proposal must include adequate and appropriate mitigation measures for the impacted area and neighborhood. Mitigation measures may include, but are not limited to, natural features that may serve as buffers, other site design elements used in the development plan, and/or operational or other programmatic measures contained in the proposal. The proposed measures should be adequate to substantially reduce or compensate for anticipated adverse impacts on the local environment. (Ord. No. 97-295, ~ 3, 5-20-97) 22-947 Air quality regulations. (a) State regulation. Air quality is regulated by the Washington Clean Air Act, Chapter 70.94 RCW. Any inquiry, complaint or violation regarding air quality will be referred to the Puget Sound Air Pollution Control Authority. (b) Public nuisance. Any emission of air contaminants which annoys; injures; endangers the comfort, repose, health or safety of persons; or in any way renders persons insecure in life or in the use of property is a violation of this chapter. (Ord. No. 90-43, ~2(115.15), 2-27-90) 22-948 Erosion and sedimentation regulation. It is a violation of this chapter for the owner of the subject property to create, allow or perpetuate conditions on the subject property which cause the erosion or undermining of adjacent property. It is also FWCC Chapter 22, Article XIlI, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 4 of35 a violation of this chapter for the owner of the subject property to create, allow or perpetuate a condition which causes the deposition of sediments or the movement of other geologic materials onto adjacent property. (Ord. No. 90-43, ~ 2(115.35), 2-27-90) 22-949 Garbage and recycling receptacles - Placement and screening. (a) Storage area. Storage areas for garbage and recycling receptacles for material generated on site shall be required to be incorporated into the designs for multifamily, commercial and institutional buildings constructed after January 1, 1993. (b) Exemptions. The following structures are exempt from the requirements of this section: (1) Multifamily dwellings that will be served by curbside collection at each unit. (2) Storage receptacles for detached dwelling units, parks or construction sites. (3) Structural alterations or increases in gross floor area to existing nonconforming structures which do not meet the threshold levels described in Article IV of this chapter. (c) Storage area defined. Storage areas shall include the areas containing receptacles served by collection equipment and may also include interim on-site storage areas used to aggregate material prior to delivering it to the collection storage area. (d) Location. Except as specified in paragraph (b) of this section, garbage and recycling receptacles, including underground facilities: (1) May not be located in required yards; (2) May not be located in buffer areas required by or under this Code; and (3) Must be screened according to FWCC 22-1561 et al. (e) Security and accessibility. The following provision shall apply to all recyclable storage areas which contain receptacles served by commercial collection equipment. (I) The storage area for recycling receptacles shall be located adjacent to the garbage storage area. The enclosures shall be easily accessible to users occupying the site. If the space is located within a structure, collection equipment must have an adequate vertical clearance and an adequate turning radius to insure access and ease of ingress and egress. (2) Storage areas shall not interfere with the primary use of the site. The area shall be located so that collection of materials by trucks shall interfere with pedestrian or vehicular movement to the minimum extent possible. The storage area shall not be located in areas incompatible with noise, odor and increased pedestrian and vehicle traffic. (f) Design guidelines; general. The following provisions shall apply to all storage area designs: (1) Design and architectural compatibility. The design of the storage area should be consistent with the architectural design of the primary structure(s) on the site. Storage areas shall be built on a flat and level area of a minimum of 50 feet from and at the same grade as the truck access area. (2) Enclosure and landscaping. All outdoor trash enclosures for garbage and recycling receptacles shall be screened according to FWCC 22-1564(d) and (e). Gate openings should be at least 12 feet wide if garbage and/or recycling drop boxes are used. In all other cases, gates shall be of sufficient width to allow access by recycling collectors and equipment. The landscaping shall be designed so as not to impede access to the storage area. (3) Signage. Enclosure signs should be in conformance with Article XVIII of this chapter and shall not exceed two square feet per sign face. The containers for recycling and garbage should be identified using clearly visible signs. (4) Weather protection. Storage containers shall be protected from weather damage by using containers that are largely weather-proof or by covering the storage area. Roofed storage areas must be accessible to haulers and collection equipment. (g) Space requirements. The following minimum space requirements for recycling storage areas shall be incorporated into the design of all buildings: (1) Multifamily: 1.5 square feet per unit, with a minimum of 65 square feet. (2) General commercial: Three square feet of storage space, with a maximum of 1,000 square feet, for every 1,000 square feet gross floor area, with a minimum of 65 square feet. FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 5 of35 (3) Retail: Five square feet of storage space, with a maximum of 1,000 square feet, for every 1,000 square feet gross floor area, with a minimum of 65 square feet. (4) Educational and institutional: Two square feet of storage space, with a maximum of 1,000 square feet, for every 1,000 square feet gross floor area, with a minimum of 65 square feet. (Ord. No. 90- 43, ~ 2(115.45), 2-27-90; Ord. No. 92-158, ~ 3, 12-15-92; Ord. No. 93-170, ~ 5, 4-20-93) 22-950 Glare regulation. Any artificial surface which produces glare which annoys; injures; endangers the comfort, repose, health or safety of persons; or in any way renders persons insecure in life or in the use of property is a violation of this chapter. (See also FWCC 22-954 regarding lighting regulations.) (Ord. No. 90-43, ~ 2(115.50),2-27-90) 22-951 Heat regulation. Heat generated by any activity or operation on the subject property which annoys, injures, endangers the comfort, repose, health or safety of persons; or in any way renders persons insecure in life or in the use of property is a violation of this chapter. (Ord. No. 90-43, ~ 2(115.55), 2-27-90) 22-952 Junk and junkyards prohibited. It is a violation of this chapter to accumulate junk, or for a property owner or the person in control of property to allow junk, junked or inoperable vehicles to accumulate, on the subject property. In addition, a junkyard is not permitted in the city. (Ord. No. 90-43, ~ 2(115.70), 2-27-90; Ord. No. 96-269, ~ 4, 6-18-96) 22-953 Building site. (a) General. It is a violation of this chapter to erect a structure on or to otherwise use or occupy any lot or parcel unless that lot or parcel is a legal building site. A lot or parcel is a legal building site if it meets all of the following criteria: (1) It was created or segregated pursuant to all applicable laws, ordinances and regulation then in . effect. (2) Except as specified in subsection (b) of this section, it is at least as large as the minimum lot size established by this chapter. (3) It is adjacent to a street, providing access to that lot or parcel, that meets the minimum requirements established by or under this chapter. (b) Exception, detached dwelling units. Subject to all other requirements of this chapter, an applicant may build one detached dwelling unit on a lot or parcel regardless of the size of the lot or parcel, if: (1) There is or has ever been a residence on the subject property; or (2) The lot lines defining the lot or parcel were recorded in the county assessor's office prior to February 28, 1990, and the lot or parcel has not simultaneously been owned by the owner of a contiguous lot or parcel subsequent to that date. (Ord. No. 90-43, ~ 2(115.80), 2-27-90) 22-954 Lighting regulation. (a) Efficient light sources. The applicant shall utilize energy efficient-light sources. (b) State code. The applicant shall comply with the state energy code with respect to the selection and regulation of light sources. (c) Glare from subject property prohibited. The applicant shall select, place and direct light sources both directable and nondirectable so that glare produced by any light source, to the maximum extent possible, does not extend to adjacent properties or to the right-of-way. (See also FWCC 22-950.) (Ord. No. 90-43, ~ 2(115.85), 2-27-90) 22-955 Calculating lot coverage. ( a) General. Except as specified in subsection (b) of this section, the area of all structures, pavement and any other impervious surface on the subject property will be calculated as a percentage of total lot FWCC Chapter 22, Article XIIl, "Supplementary District Regulations" asc Code Amendment - September 10, 2008 Page 60f35 area, exclusive of the area of any recorded access easements, in determining compliance with maximum lot coverage required in this chapter. Ifthe subject property contains more than one use, the maximum lot coverage requirements for the predominant use will apply to the entire development. (b) Exceptions. The following shall be excepted from the provisions of this section: (1) A wood deck will not be considered as an impervious surface for maximum lot coverage proposed if the deck is constructed with gaps between the boards and if there is a pervious surface below the deck. (2) A vehicular access easement or tract that serves more than one lot will not be used or considered in determining compliance with the maximum lot coverage requirement of this chapter. (3) One-half of the area covered with grass grid pavers will be considered as impervious surface in determining compliance with the maximum lot coverage requirement of this chapter. (Ord. No. 90-43, ~ 2(115.90),2-27-90; Ord. No. 98-309, ~ 3,1-6-98) 22-956 Maximum environmental noise levels. (a) State standard adopted. The city adopts by reference the maximum environmental noise levels established pursuant to the Noise Control Act of 1974, Chapter 70.1 07 RCW. See Chapter 173-60 WAC. (b) Watercraft noise performance standards. The city adopts by reference the watercraft noise performance standards established pursuant to the Noise Control Act of 1974, Chapter 70.107 RCW. See Chapter 173-70 WAC. (Ord. No. 90-43, S 2(115.95(1)), 2-27-90) 22-957 Noise level bonds. The city may require a bond under FWCC 22-146 et seq. to insure compliance with the provisions of FWCC 22-956. (Ord. No. 90-43, S 2(115.95(2)),2-27-90) 22-958 Odor. Any odor which injures, endangers the comfort, repose, health or safety of person on abutting properties or streets, or in any way renders persons insecure in life or in the use of abutting properties or streets is a violation of this chapter. (Ord. No. 90-43, S 2(115.100), 2-27-90) 22-959 Radiation. Ionizing radiation is defined and regulated by the state pursuant to Chapter 70.98 RCW. Any complaint, inquiry or violation regarding ionizing radiation within the city will be referred to the state. (Ord. No. 90-43, S 2(115.110), 2-27-90) 22-960 Rooftop appurtenances - Required screening. (a) Generally. Except as specified in subsection (b) of this section, vents, mechanical penthouses, elevator equipment and similar appurtenances that extend above the roofline must be surrounded by a solid sight-obscuring screen that meets the following criteria: (1) The screen must be integrated into the architecture of the building. (2) The screen must obscure the view of the appurtenances from adjacent streets and properties. (b) Exemptions. The following shall be exempted from the provisions of this section: (1) Rod, wire and dish antennas allowed under FWCC 22-1047 are exempt from the requirements of this section, if the screening would interfere with the effective operation of the antenna. (2) A painted appurtenance is exempt from the requirements of this section if the director of community development determines that painting will be as effective in minimizing rooftop clutter as would a solid sight-obscuring screen. (Ord. No. 90-43, S 2(115.120), 2-27-90) 22-961 Rounding of fractions of dwelling units. In many zones, the number of dwelling units allowed on the subject property is determined by dividing the area of the subject property by the number of square feet this chapter requires per unit. When this results in a fraction, the number of permitted dwelling units will be rounded up to the next higher FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 7 005 whole number of units if the fraction is at least two-thirds. If the fracture is less than two-thirds, the number of permitted dwelling units will be rounded down to the next lower whole number of units. (Ord. No. 90-43, ~ 2(115.125), 2-27-90) 22-962 Planting requirements for certain trees. (a) The following types of trees may not be planted closer than the listed minimum planting distance to rights-of-way or sewers: Trees Minimum Planting Distance (1) Ailathus altisinia (Tree of Heaven) 25' (2) Catalpa 25' (3) Cottonwood 40' (4) Juglamus nigra (Black Walnut) 25' (5) Platanus (Plane, Sycamore) 40' (6) Populus (Poplars) 40' (7) Salix (Willows) 25' (8) Tilia americana (Basswood) 25' (9) Ulmus (Elm) 40' (b) In addition to any other enforcement mechanism or penalty contained within or authorized by this chapter, any person violating this provision is responsible for any damage caused by the tree or trees. (Ord. No. 90-43, ~ 2(115.140), 2-27-90) 22-963 Regulation of temporary trailers for construction. real estate sales offices. and outdoor stora~e containers for construction-related materials stora~e. Temporary trailers or buildings used for construction offices" and real estate sales offices. or outdoor stora~e containers used to temporarilv store construction materials on active construction sites. and normally associated with construction of a building or development" are permitted ea the sUBjeet property during building or development on or off the subject property in any zone. subject to Process I approval or the land use process applicable to the underlvin~ project. Temporary trailers. real estate sales offices. and outdoor stora~e containers for construction-related materials storal!e aHa Builaiags fleTfRitted uader this seetioa may not be located in required yards. except as noted in FWCC 22- 1133(0). unless permitted in writing by the director of community development services. Temporarv outdoor storal!e containers for construction-related materials stora~e shall be placed to minimize visibility from surroundinl! streets. pedestrian areas. and properties and shall be painted a neutral color and/or screened from view if necessarv to minimize visual impacts to surroundin~ properties. as determined bv the director of community development services. Any temporary trailers. real estate sales offices. or outdoor storal!e containers or builaiag permitted ooder this seetioa must be removed from the subject property within six months after completion of construction of the improvements on the subject property. unless permitted in writinl! bv the director of community development services. The city may require a bond, under FWCC 22-146 et seq., to cover the cost of removing the temporary trailer or building, if necessary. (Ord. No. 90-43, ~ 2(115.135), 2-27-90) 22-964 Re~ulation of portable movinl! containers for temporary accessory movinl! activities. Portable movinl! containers may be used in any zone for the purpose of temporary accessory movinl! activities. subject to the followinl! criteria: 0) Residentiallv zoned lots are allowed onlv one container at any time; (2) The size. materials. and desil!n of the container must be consistent with the movinl! industry standard for the particular use and settinl!; (3) Containers may not be placed FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 80f35 in required side yards. rear yards. or critical areas setbacks. or interfere with safe sif!ht distance or traffic circulation in adiacent streets and sidewalks; and (4) Containers may remain on a property no lonf!er than 60 days in any l80-day period. unless permitted in writinf! by the director of community development services. Persons wishinf! to place such a container must provide advance written notice to the director. specifvinf! the address of the property where the container will be placed. dimensions of the container. anticipated dates of deliverv and removal. and the name and contact information for the responsible partv. The director will issue written confirmation and maintain a record of all such notices. The applicant may request in writinf! an extension to the specified timeframe of UP to an additional 60 days. and the director may approve such request if the applicant explains why the extension is necessary and the city determines that the extension will not create a nuisance for adiacent property owners or be detrimental to the public health. safety. and welfare. The city may also require a bond. under FWCC 22-146 et seQ.. to cover the cost of removinf! the container. if necessary. 22-964~Regulation of distance between structures - Regarding maximum horizontal facade. (a) General. For purposes of the regulations in this chapter regarding the maximum length of a structure's facade only, two structures will be treated and considered as one structure if any elements of the structures, other than as specified in subsection (b) of this section, are closer than 20 feet to each other. In addition, structures connected by a breezeway or walkway will be regulated as one structure if any element of the breezeway or walkway is higher than eight feet above finished grade. (b) Exceptions. The following are excepted from this section: (1) Porches and similar elements of a structure no higher than 18 inches above finished grade may be closer than 20 feet to another structure. (2) Chimneys, bays, greenhouse windows, eaves and similar elements that customarily extend beyond the exterior walls of a structure may be no closer than 18 1/2 feet from another structure. (Ord. No. 90-43, S 2(115.30), 2-27-90) 22-9~ Accessory dwelling units. (a) Purpose. In order to provide affordable housing to the citizens of Federal Way and in order to comply with the Growth Management Act and the Washington State Housing Policy Act, this section permits accessory dwelling units ("ADU") which comply with the conditions set forth in this Code. (b) Definitions. Any words, terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in FWCC 22-1. (c) Permit requirements. Owners desiring to construct and/or operate a ADU shall be required to apply for and obtain an ADU permit from the department of community development services, comply with all the special regulations set forth in FWCC 22-613 and 22-648, comply with all other applicable law, obtain all other necessary permits and pay all fees in connection with such construction or operation. The application shall be accompanied by the appropriate application fee as established by the city's adopted fee schedule. The department of community development services may issue a certificate of ADU compliance on the basis ofinspection(s) of the ADU, and may require corrections as appropriate under the Uniform Building Code and other applicable codes or laws. In the event the ADU does not comply with such applicable laws, the department of community development shall deny the ADU application unless the ADU is exempt pursuant to subsection (d) of this section. (d) Exemption/nonconformance. No ADU permit is required for legal nonconforming ADUs which are permitted pursuant to FWCC 22-338.1, Nonconformance. (e) Enforcement. ADUs not complying with the provisions of this section within 12 months of the effective date of adoption ofthis section and/or ADUs not constituting a legal nonconforming ADU pursuant to FWCC 22-338.1, are subject to the enforcement provisions of Chapter 22 FWCC, Article II, Division 5, regarding enforcement of Code violations and are subject to all other enforcement remedies available to the city by applicable law, including without limitation, the requirement for the property owner to immediately abate or discontinue such ADUs. (Ord. No. 95-245, S 3(B), 11-21-95) FWCC Chapter 22, Article Xlll, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 90f35 22-9661 Personal wireless service facilities (PWSF). (a) Purpose. This section addresses the issues of location and appearance associated with personal wireless service facilities. It provides adequate siting opportunities through a wide range of locations and options which minimize safety hazards and visual impacts sometimes associated with wireless communications technology. The siting of facilities on existing buildings or structures, collocation of several providers' facilities on a single support structure, and visual mitigation measures are required, unless otherwise allowed by the city, to maintain neighborhood appearance and reduce visual clutter in the city. (b) Definitions. Any words, terms or phrases used in this section which are not otherwise defined shall have the meanings set forth in FWCC 22-1. (c) Exemptions. The following antennas and facilities are exempt from the provisions of this section and shall be permitted in all zones consistent with applicable development standards as outlined in the use zone charts, Article XI of this chapter, District Regulations: (1) Wireless communication facilities used by federal, state, or local public agencies for temporary emergency communications in the event of a disaster, emergency preparedness, and public health or safety purposes. (2) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC; provided such equipment complies with all applicable provisions ofFWCC 22- 960, Rooftop Appurtenances, and Chapter 22 FWCC, Article XIII, Division 5, Height. (3) Citizen band radio antennas or antennas operated by federally licensed amateur ("ham") radio operators; provided such antennas comply with all applicable provisions ofFWCC 22-960, Rooftop Appurtenances, and Chapter 22 FWCC, Article XIII, Division 5, Height. (4) Satellite dish antennas less than two meters in diameter, including direct-to-home satellite services, when used as a secondary use of the property; provided such antennas comply with all applicable provisions of FWCC 22-960, Rooftop Appurtenances, and Chapter 22 FWCC, Article XIII, Division 5, Height. (5) Automated meter reading (AMR) facilities for the purpose of collecting utility meter data for use in the sale of utility services, except for whip or other antennas greater than two feet in length; provided the AMR facilities are within the scope of activities permitted under a valid franchise agreement between the utility service provider and the city. (6) Routine maintenance or repair of a wireless communication facility and related equipment excluding structural work or changes in height, dimensions, or visual impacts of the antenna, tower, or buildings; provided, that compliance with the standards of this chapter are maintained. (d) Prioritized locations. The following sites shall be the required order of locations for proposed PWSFs, including antenna and equipment shelters. In proposing a PWSF in a particular location, the applicant shall analyze the feasibility of locating the proposed PWSF in each of the higher priority locations and document, to the city's satisfaction, why locating the PWSF in each higher priority location and/or zone is not being proposed. In order of preference, the prioritized locations for PWSFs are as follows: (1) Structures located in the BP A trail. A PWSF may be located on any existing support structure currently located in the easement upon which are located U.S. Department of Energy/ Bonneville Power Administration ("BP A") Power Lines regardless of underlying zoning. (2) Existing broadcast, relay and transmission towers. A PWSF may be located on an existing site or tower where a legal wireless telecommunication facility is currently located regardless of underlying zoning. If an existing site or tower is located within a one mile radius of a proposed PWSF location, the applicant shall document why collocation on the existing site or tower is not being proposed, regardless of whether the existing site or tower is located within the jurisdiction of the city. (3) Publicly used structures. If the city consents to such location, a PWSF may be located on existing public facilities within all zoning districts, such as water towers, utility structures, fire stations, FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 10 of35 bridges, and other public buildings, provided the public facilities are not located within public rights-of- way. (4) Appropriate business, commercial, and city center zoned sites. A PWSF may be located on private buildings or structures within appropriate business, commercial, and city center zoning districts. The preferred order of zoning districts for this category of sites is as follows: CE - Commercial Enterprise CP-I - Corporate Park OP through OP-4 - Office Park CC-C - City Center Core CC-F - City Center Frame BC - Community Business (5) Appropriate public rights-of-way. For the purposes ofthis section, appropriate public rights- of-way shall be defined as including those public rights-of-way with functional street classifications of principal arterial, minor arterial, and principal collector. A PWSF may be located on existing structures in appropriate public rights-of-way. Structures proposed for location ofPWSFs shall be separated by at least 330 linear feet. Within any residential zone, neighborhood business (BN) zone, or professional office (PO) zone, there shall be no more than one PWSF located on an existing structure. Location of a PWSF on an existing structure in an appropriate public right-of-way shall require a right-of-way permit in addition to the required use process approval. The preferred order of functional street classifications for this category of sites is as follows: Principal Arterial Minor Arterial Principal Collector If the PWSF is proposed to be located in an appropriate public right-of-way and the surrounding uses or zoning are not the same, that portion of the right-of-way with the most intensive use and/or zoning shall be the preferred location. If the PWSF is proposed to be located in an appropriate public right-of-way and surrounding uses or zoning are the same, the preferred location shall be that portion of the right-of-way with the least adverse visual impacts. (6) Ifthe applicant demonstrates to the city's satisfaction that it is not technically possible to site in a prioritized location, the city reserves the right to approve alternative site locations if a denial would be in violation ofthe 1996 Telecommunications Act, as determined by the city. (Ord. No. 97-300, ~ 3, 9-16- 97; Ord. No. 00-363, ~ 14, 1-4-00; Ord. No. 01-399, ~ 3, 8-7-01) 22-96+~ Development standards. The following development standards shall be followed in the design, siting, and construction of a personal wireless service facility: (1) Building- or structure-mounted PWSFs not located in the public right-of-way. PWSFs mounted on existing buildings and structures not located in a public right-of-way shall conform to the following development standards: a. The PWSF shall consist only of the following types of facilities: I. A microcell or a minor facility; or 2. A PWSF that exceeds the minor facility thresholds for number of antennas, dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by the director of community development services, subject to meeting all of the following standards: i. The facility shall not create substantially more adverse visual impact than a minor facility; and of this section; and ii. The equipment cabinet for the PWSF shall meet all requirements of subsection (5) FWCC Chapter 22. Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 11 of35 iii. The maximum size of the PWSF panels and number of antennas shall be determined by the director of community development services, based on the specific project location, surrounding environment, and potential visual impacts; and iv. The PWSF shall comply with all other applicable standards of the Federal Way City Code. b. The combined antennas and supporting structure may extend up to, but not exceed, 15 feet above the existing or proposed roof or other structure regardless of whether the existing structure is in conformance with the existing maximum height of the underlying zone as outlined in the use zone charts, Article XI of this chapter, District Regulations. Antennas may be mounted to rooftop appurtenances provided they do not extend beyond 15 feet above the roof proper. c. The antennas are mounted on the building or structure such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent practical, blend into the existing environment pursuant to subsection (4) of this section. Panel and parabolic antennas shall be screened from residential views and public rights-of-way unless meeting the provision of FWCC 22-960(b)(2). (2) PWSFs located on structures within appropriate public rights-of-way. These facilities shall conform to the following development standards: a. The PWSF shall consist only of the following types of facilities: 1. A microcell or a minor facility; or 2. A PWSF that exceeds the minor facility thresholds for number of antennas, dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by the director of community development services, subject to meeting all of the following standards: i. The facility shall not create substantially more adverse visual impact than a minor facility; and ii. The equipment cabinet for the PWSF shall meet all requirements of subsections (5) and (6) of this section; and iii. The maximum size of the PWSF panels and number of antennas shall be determined by the director of community development services, based on the specific project location, surrounding environment, and potential visual impacts. The maximum size of antennas to be located on existing structures in a public right-of-way shall be two feet in diameter for parabolic antennas, eight feet in height for panel antennas, and 15 feet in height for whip antennas; and iv. The PWSF shall comply with all other applicable standards ofthe Federal Way City Code. b. The combined antennas may extend up to the minimum necessary height to meet safety clearances required by the operator of the existing structure, but not exceed 15 feet above the existing structure, plus the height ofthe proposed antennas as specified in subsection (2)(a)(2)(iii) of this section. The maximum allowable height of the new structure with the PWSF antennas shall be determined by the director of community development services, depending upon the antenna type, design, location on the structure, and the proposed method of attachment. An existing structure can be increased in height only once per 12-month period. Any structure, whether a new or replacement structure, located in a public right-of-way must be similar in terms of size (except height), shape, color, material, and location to the existing and surrounding structures, as determined by the director of community development services. The antenna extension may be permitted regardless of whether the existing structure is in conformance with the maximum height of the underlying zone as outlined in the use zone charts, Article XI of this chapter, District Regulations. The antenna extension may be permitted regardless of whether the existing structure is in conformance with the maximum height of the underlying zone as outlined in the use zone charts, Article XI of this chapter, District Regulations. c. The antennas shall be mounted on the structure such that they are located and designed to minimize adverse visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent practical, blend into the existing environment pursuant to subsection (4) of this section. FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 12 of35 d. Structures in appropriate public rights-of-way proposed for location ofPWSFs shall be separated by at least 330 linear feet. e. Required setbacks shall not pertain to PWSFs within public rights-of-way or equipment enclosures located underground on properties adjacent to the public right-of-way. Within residential zones, equipment enclosures located above ground on properties adjacent to the public right-of-way shall meet all applicable setback requirements for residential development of the underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject property. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards. (3) New freestanding PWSFs. These structures shall conform to the following site development standards: a. Placement of a freestanding PWSF shall be denied if placement of the antennas on an existing structure can meet the applicant's technical and network location requirements. b. Monopoles shall be the only freestanding structures allowed in the city; except that a lattice tower may be used to accommodate the collocation of four or more providers as part of a joint permit application. c. In no case shall a freestanding PWSFs be located closer than 500 feet to an existing freestanding PWSF whether it is owned or utilized by the applicant or another provider. d. A freestanding PWSF, including the support structure and associated electronic equipment, shall comply with all required setbacks of the zoning district in which it is located. For developed sites, the setback requirements shall be those of the principal use of the subject property. For undeveloped sites, the setback requirements for new freestanding PWSFs shall be 20 feet for front, side, and rear yards. e. Freestanding PWSFs shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to: 1. Use existing site features to screen as much ofthe total PWSF as possible from prevalent views; and/or 2. Use existing site features as a background so that the total PWSF blends into the background with increased distances. f. In reviewing the proposed placement of a facility on the site and any associated landscaping the city may condition the application to supplement existing trees and mature vegetation to more effectively screen the facility. g. Support structures, antennas, and any associated hardware shall be painted a nonreflective color or color scheme appropriate to the background against which the PWSF would be viewed from a majority of points within its viewshed. The proposed color or color scheme shall be approved by the hearing examiner or community development director. (4) Screening standards for all PWSFs. PWSFs shall be screened or camouflaged through employing the best available technology and design, as determined by the city. This may be accomplished by use of compatible materials, location, landscaping, color, stealth techniques such as, but not limited to, artificial trees and hollow flag poles, and/or other methods or techniques to achieve minimum visibility of the facility as viewed from public streets or residential properties. In addition, the provisions for landscaping as outlined in the use zone charts, Article XI ofthis chapter, District Regulations, shall apply. (5) Standards for electronics equipment enclosures. a. The following shall be the required order of locations for proposed electronic equipment enclosures for all PWSFs. In proposing an equipment enclosure in a particular location, the applicant shall analyze the feasibility of locating the proposed equipment enclosure in each of the higher priority locations and document, to the city's satisfaction, why locating the equipment enclosure in each higher priority location is not being proposed. In requesting a lower priority location for the equipment enclosure, the burden of demonstrating impracticability shall be on the applicant. In order of preference, the prioritized locations for equipment enclosures are as follows: I. Equipment enclosures shall be placed underground. 2. Equipment enclosures shall be placed in an existing completely enclosed building. FWCC Chapter 22, Article XIlI, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 13 of35 3. Equipment enclosures shall be placed above ground in an enclosed cabinet that shall not exceed six feet in height and occupy more than 48 square feet of floor area, including areas for maintenance or future expansion. 4. Equipment enclosures shall be placed above ground in a new completely enclosed building. b. If above-ground equipment enclosures shall be screened with one or a combination of the following methods, which shall be acceptable to the city: Fencing, walls, landscaping, structures, buildings or topography which will block the view ofthe equipment enclosure to the greatest extent possible from any street and/or adjacent properties, as determined by the director of community development services. Screening may be located anywhere between the enclosure and the above mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition, as determined by the city. c. Equipment enclosures located underground shall be exempt from setback requirements of the underlying zone. In residential zones, equipment enclosures located above ground shall meet all applicable setback requirements for residential development of the underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those of the principal use of the subject property. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards. d. If the equipment cabinet is located within a new completely enclosed building, the building shall conform to all applicable development standards and design guidelines for the underlying zone. The completely enclosed building shall be architecturally designed and shall be compatible with existing buildings on the site. The completely enclosed building shall be screened to the greatest extent possible from any street and/or adjacent properties by landscaping and/or topography. (6) Additional standards for equipment enclosures for PWSFs located on structures within appropriate public rights-of-way. a. The following shall be the required order oflocations for proposed electronic equipment enclosures for PWSF located within public rights-of-way. In proposing an equipment enclosure in a particular location, the applicant shall analyze the feasibility of locating the proposed equipment enclosures in each of the higher priority locations and document, to the city's satisfaction, why locating the equipment enclosure in each higher priority location is not being proposed. In requesting a lower priority location for the equipment enclosure, the burden of demonstrating impracticability shall be on the applicant. In order of preference, the prioritized locations for equipment enclosures are as follows: I. Electronic equipment enclosures shall not allowed within the right-of-way in residential zones, neighborhood business (BN) zones or professional office (PO) zones. 2. Equipment enclosures shall be placed underground on an adjacent property outside of the public right-of-way. 3. Equipment enclosures shall be placed above ground on an adjacent property outside of the public right-of-way in an existing completely enclosed building. 4. Equipment enclosures shall be placed above ground on an adjacent property outside of the public right-of-way in an enclosed cabinet that shall not exceed six feet in height and occupy more than 48 square feet of floor area, including areas for maintenance or future expansion. 5. Equipment enclosures shall be placed above ground on an adjacent property outside of the public right-of-way in a new completely enclosed building. 6. Equipment enclosures shall be placed underground within the public right-of-way. 7. Equipment enclosures shall be placed above ground within the public right-of-way in an enclosed cabinet that shall not exceed six feet in height and occupy more than 24 square feet of floor area, including areas for maintenance or future expansion. b. Equipment enclosures located underground on properties adjacent to the public right-of- way shall be exempt from setback requirements of the underlying zone. c. In residential zones, equipment enclosures located above ground on properties adjacent to the public right-of-way shall meet all applicable setback requirements for residential development of the FWCC Chapter 22, Article Xlll, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 14 of35 underlying zone. For developed sites in nonresidential zones, the setback requirements for the equipment enclosure shall be those ofthe principal use of the subject property. For undeveloped sites in nonresidential zones, the setback requirements for the equipment enclosure shall be 20 feet for front, side, and rear yards. d. Equipment enclosures shall be designed, located, and screened to minimize adverse visual impacts from the public right-of-way and adjacent properties. e. Equipment enclosures shall be designed, located, and screened to minimize adverse visual and functional impacts on the pedestrian environment. f. Equipment enclosures and screening shall not adversely impact vehicular sight distance. (7) Security fencing. a. No fence shall exceed six feet in height as stipulated in FWCC 22-1133(5). b. Security fencing shall be effectively screened from view through the use of appropriate landscaping materials. c. Chain-link fences shall be painted or coated with a nonreflective color. (8) Cumulative effects. The city shall consider the cumulative visual effects ofPWSFs mounted on existing structures and/or located on a given permitted site in determining whether additional permits may be granted so as to not adversely effect the visual character of the city. (9) Signage. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind, except for small signs used for identification and name of provider. (10) Use zone charts, height and permit process. a. The final approval authority for applications made under this section shall be defined by the appropriate permit process as outlined in the use zone charts, Article XI of this chapter, District Regulations. b. Allowed heights shall be established relative to appropriate process as outlined in the use zone charts, Article XI of this chapter, District Regulations. (Ord. No. 97-300, ~ 3, 9-16-97; Ord. No. 00-363, ~ 14,1-4-00; Ord. No. 01-399, ~ 3, 8-7-01) 22-9682 Nonconformance. Permit applications made under this section to locate a PWSF on property on which a nonconformance is located shall be exempt from the requirements of Chapter 22 FWCC, Article IV, Nonconformance, to bring the property into conformance as follows: (1) To provide the public improvements required by Chapter 22 FWCC, Article XVI, Improvements, as stipulated in FWCC 22-336. (2) To bring the property into conformance with the development regulations prescribed in Chapter 21 FWCC relating to water quality as stipulated in FWCC 22-337(a)(7). All other requirements ofFWCC 22-337 to bring the property into conformance with the development regulations prescribed in Chapter 21 FWCC relating to water quality shall apply. (Ord. No. 97-300, ~ 3, 9-16-97; Ord. No. 00-363, ~ 14, 1-4-00) 22-9@70 Temporary personal wireless service facilities. As determined by the director of community development services, a temporary personal wireless service facility, or cell-on-wheels, may be deployed and operated as follows: (1) For a period of90 days during the construction ofa freestanding PWSF which has been approved through the appropriate permit process; provided, that the temporary personal wireless service facility or cell-on-wheels creates no more adverse impacts than the PWSF which was approved through the appropriate permit process. Only one temporary personal wireless service facility or cell-on-wheels shall be permitted for a single site. (2) For a period of30 days during an emergency declared by the city, state, or federal government that has caused a freestanding PWSF which has been approved through the appropriate permit process to become involuntarily non-operational; provided, that the temporary personal wireless service facility or FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 15 of35 cell-on-wheels creates no more adverse impacts than the PWSF which was approved through the appropriate permit process. (3) Prior to installation of the temporary PWSF, the applicant shall provide the city with a cash bond in an amount to be determined by the director of community development services in order to guarantee performance offuture removal and restoration of the site. (Ord. No. 97-300, ~ 3, 9-16-97; Ord. No. 00-363, ~ 14, 1-4-00) 22-970!.Application requirements. (a) Except for temporary personal wireless facilities, permit applications made under this section shall include the following minimum information in addition to that required for the underlying permit review process: (1) A diagram or map showing the primary viewshed of the proposed facility. (2) Photosimulations of the proposed facility from affected properties and public rights-of-way at varying distances. (3) Architectural elevations of proposed facility and site. (4) A coverage chart of the proposed PWSF at the requested height and an explanation of the need for that facility at that height and in that location. The explanation shall include an analysis of the feasibility of locating the proposed PWSF in each of the higher priority locations as identified in FWCC 22-966( d), and documentation of why locating the PWSF in each higher priority location and/or zone is not being proposed. (5) An inventory of other PWSF sites operated by the applicant or other providers within a one mile radius of the proposed PWSF location, including specific information about location, height, and design of each facility. (6) A site/landscaping plan showing the specific placement of the PWSF on the site; showing the location of existing structures, trees, and other significant site features; and indicating type and locations of plant materials used to screen PWSF components. (7) If the PWSF electronic equipment cabinet is proposed to be located above ground, regardless of the proposed location, whether on private or public property or within public right-of-way, an explanation of why it is impracticable to locate the cabinet underground. (8) Ifthe equipment cabinet is proposed to be located in a public right-of-way, an explanation of why it is impracticable to locate the equipment cabinet on adjacent property outside the public right-of- way. If the PWSF is located on an existing structure in an appropriate public right-of-way, a copy of all applicable easements for placement and maintenance of the equipment enclosure on an adjacent property outside of the public right-of-way. (9) Documentation of efforts to collocate on existing facilities. (10) The city may require the applicant, at the applicant's expense, to provide any additional information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to implement this article and to require that such information, studies, mapping, materials, inspections, and reviews be reviewed by a qualified professional under contract to the city, also at the applicant's expense. (b) Permit applications for temporary personal wireless service facilities shall include the following minimum information: (1) Documentation of previously permitted facility. (2) Site plan showing proposed location of temporary facility in relationship to the location of the previously permitted facility and property boundaries, including dimensions from the property lines and height of proposed facility. (3) Photographs of the proposed facility. (Ord. No. 97-300, ~ 3, 9-16-97; Ord. No. 00-363, ~ 14, 1-4- 00; Ord. No. 01-399, ~ 3, 8-7-01) 22-97!~ Collocation. (a) A permittee shall cooperate with other PWSF providers in collocating additional antenna on support structures and/or on existing buildings and sites provided said proposed collocatees have received FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 16005 a permit for such use at said site from the city. A permittee shall allow other providers to collocate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether a permittee has exercised good faith in accommodating a new applicant, the city may require a third party technical study at the expense of the permittee. Failure to comply with this provision may result in a revocation of the permit. (b) A signed statement indicating that the applicant agrees to allow for the potential collocation of additional PWSF equipment by other providers on the applicant's structure or within the same site location shall be submitted by the applicant as part of the permit application. If an applicant contends that future collocation is not possible on their site, they must submit a technical study documenting why. (c) Collocation requirements shall not apply to PWSFs located on existing structures in appropriate public rights-of-way within residential zones, neighborhood business (BN) zones and professional office (PO) zones. (Ord. No. 97-300, ~ 3, 9-16-97; Ord. No. 00-363, ~ 14, 1-4-00) 22-97~~ EMF standards and interference. (a) The applicant shall comply with federal standards for EMF emissions. Within six months after the issuance of its operational permit, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions, compare the results with established federal standards, and provide a statement that the EMF emissions are within established federal standards. Said report shall be subject to review and approval of the city for consistency with the project proposal report and the adopted federal standards. If on review, the city finds that the PWSF does not meet federal standards, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature ofthe problem to comply with the federal standards. If the permit is revoked, then the facility shall be removed. (b) The applicant shall ensure that the PWSF will not cause localized interference with the reception of area television or radio broadcasts or the functioning of other electronic devices. If on review of a registered complaint the city finds that the PWSF interferes with such reception, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to correct the interference. If the permit is revoked, then the facility shall be removed. (Ord. No. 97-300, ~ 3, 9-16-97; Ord. No. 00-363, ~ 14, 1-4-00) 22-97~ Removal of facility. (a) Abandonment and removal. The owner or operator of a PWSF shall provide the city with a copy of the notice of intent to cease operations required by the FCC at the time it is submitted to the FCC. Additionally, the owner or operator of a PWSF shall notify the city in writing of the abandonment of a particular facility within 30 days of the date the PWSF is abandoned. The abandoned PWSF shall be removed by the facility owner within 90 days of the date the PWSF is abandoned, the permit is revoked, or if the facility falls into disrepair and is not maintained, as determined by the city. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in adverse safety or visual impacts. If there are two or more users of a single tower, then the city's right to remove the tower shall not become effective until all users abandon the tower. (b) Partial abandonment and removal. If the abandoned antennas on any PWSF are removed or relocated to a point where the top 20 percent or more of the height of the supporting structure is no longer in use, the PWSF shall be considered partially abandoned. The owner or operator of any partially abandoned PWSF shall notify the city in writing of the partial abandonment of a particular facility within 30 days of the date the PWSF is partially abandoned. The owner of the PWSF shall have 120 days from the date of partial abandonment to collocate another service on the PWSF. If another service provider is not added to the PWSF within the allowed 120-day collocation period, the owner shall in 210 days of partial abandonment, dismantle and remove that portion of the supporting structure which exceeds the point at which the highest operational antenna is mounted. FWCC Chapter 22, Article XlII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 17005 (c) Removal and lien. If the provider fails to remove the abandoned or partially abandoned facility upon 210 days of its abandonment or partial abandonment, the responsibility for removal falls upon the property owner on which the abandoned or partially abandoned facility is located. The city may enforce this paragraph using the procedures as set forth in FWCC 1-14, Article 3. (Ord. No. 97-300, ~ 3, 9-16-97; Ord. No. 00-363, S 14, 1-4-00) 22-974~ Permit limitations. (a) A permit for a PWSF shall expire 10 years after the effective date of the permit approval, unless earlier revoked by the city. A permittee wishing to continue the use of a specific PWSF at the end of the 10-year period must apply for an application to continue that use at least six months prior to its expiration. The renewal application shall comply with all applicable laws and regulations dictating new permit issuance. In ruling on said renewal the city shall consider all then existing regulations affecting the application that are appropriate to the technology and use. (b) Five years after the effective date of the land use process approval of a PWSF, the permittee or assignee shall submit a written statement summarizing its current use and plans, if any, for that facility/site for the next five years to the best of their knowledge. (c) Consistent with the provisions of FWCC 22-408, an approved permit for a PWSF shall be valid for one year from the effective date of the use process approval, with opportunity for a one-year extension. If a building permit application is not received within one year of the effective date of the use process approval, or within the extension period, the use process approval shall become null and void. (Ord. No. 97-300, S 3, 9-16-97; Ord. No. 00-363, S 14, 1-4-00) 22-97~ Revocation of permit. A permit issued under this article may be revoked, suspended or denied for anyone or more of the following reasons: (1) Failure to comply with any federal, state or local laws or regulations; (2) Failure to comply with any of the terms and conditions imposed by the city on the issuance of a permit; (3) When the permit was procured by fraud, false representation, or omission of material facts; (4) Failure to cooperate with other PWSF providers in collocation efforts as required by this article; (5) Failure to comply with federal standards for EMF emissions; and (6) Failure to remedy localized interference with the reception of area television or radio broadcasts or the functioning of other electronic devices; '(7) Pursuant to FWCC 22-7( c), the city, as the applicant, shall use the same process to determine if the permit shall be revoked as it used to grant the permit. (Ord. No. 97-300, S 3, 9-16-97; Ord. No. 00-363, S 14, 1-4-00) 22-97'1 Affordable housing regulations. (a) Purpose. To provide affordable housing to the citizens of Federal Way and to comply with the Growth Management Act and the county-wide planning policies for King County. (b) Affordable housing defined. "Affordable housing" means dwelling units that are offered for sale or rent at a rate that is affordable to those individuals and families having incomes that are 80 percent or below the median county income. (c) Multiple-family developments. New multiple family or mixed-use projects involving 25 dwelling units or more are required to provide affordable dwelling units as part of the project. At least two dwelling units or five percent of the total number of proposed units, whichever is greater, shall be affordable. Projects including affordable dwelling units may exceed the maximum allowed number of dwelling units as follows: (1) One bonus market rate unit for each affordable unit included in the project; up to 10 percent above the maximum number of dwelling units allowed in the underlying zoning district. FWCC Chapter 22, Article XlII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 18 of35 (d) Single-family developments. New single-family developments in the RS-35, RS-15, RS-9.6, and RS-7.2 zoning districts have the option of providing affordable dwelling units as part of the project. Projects including affordable dwelling units may reduce minimum lot size as follows: (1) Those lots in a new single-family subdivision which are proposed to contain affordable dwelling units may be reduced in area by up to 20 percent of the minimum lot size of the underlying zoning district; provided that the overall number of dwelling units in the subdivision may not exceed 10 percent of the maximum number of units allowed in the underlying zoning district. (e) Duration. An agreement in a form approved by the city must be recorded with King County department of elections and records requiring affordable dwelling units which are provided under the provisions of this section to remain as affordable housing for the life of the project. This agreement shall be a covenant running with the land, binding on the assigns, heirs and successors of the applicant. (Ord. No. 97-306, ~ 3,12-2-97; Ord. No. 02-424, ~ 3, 9-17-02) 22-97+~Jncreases to single-story construction limits - City center core and frame. (a) Generally. The size of single-story buildings, and/or the total amount of new single-story construction that can occur on a site may exceed the limits of 16,000 gross square feet as required by Article XI, Division 8, if approved by the director of community development services using the provisions in this section. The intent of this section is to encourage creative design proposals and urban- scale, pedestrian-oriented development, by allowing single-story buildings and/or single-story construction on a site to exceed the limits of 16,000 square feet, based on the nature and extent to which a project incorporates a mix of uses, multiple-story buildings, and/or public on-site open space. (b) Definitions. The following definitions apply to this section: (1) Floor area means the total area of a building floor plate in gross square feet. (2) Mixed-use building means a building containing two or more different principal permitted uses, as determined by the director, and which occupy separate tenant spaces. (3) Multiple-story building means a building containing two or more floors of active permitted use(s), and each upper floor area, excluding any storage, mechanical, and other similar accessory, nonactive areas, contains at least 33 percent of the ground floor area. (4) The site means subject property as defined by this chapter. (c) Formula. The following formula establishes the incremental increases beyond 16,000 gross square feet that may be added to an existing or proposed single-story building(s) anywhere on the site, in exchange for the specified uses and building forms: (1) One thousand square feet may be added in exchange for each 1,000 square feet of a principal use(s) contained in an attached or detached mixed-use/multiple-story building. (2) Two thousand square feet may be added in exchange for each dwelling unit contained in an attached or detached mixed-use/multiple-story building. (3) One thousand square feet may be added in exchange for each five parking stalls contained in an attached or detached parking structure. (4) One thousand square feet may be added in exchange for each 1,000 square feet of public on- site open space; provided, that it is located and designed according to the definition and design criteria for public on-site open space set forth in Article XIX. (d) Modifications. The director may approve minor modifications to the above formula based on unusual site conditions or unique design proposals, provided the resulting project is consistent with comprehensive plan policies promoting urban-scale, pedestrian-oriented development in the city center, and meets all other applicable development regulations and design standards. (e) Exclusion from size limits. Those portions of a ground floor that are covered by upper floor space, within buildings approved under this section, are excluded from the size limits of Article XI, Division 8. (Ord. No. 06-515, ~ 3, 2-7-06) 22-9782 - 22-980 Reserved. FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 19 of35 Division 2. Animals 22-981 Application of division. This division establishes special regulations that govern the keeping of animals in any zone where a dwelling unit is permitted. The keeping of animals is permitted in any zone where a dwelling unit is permitted, subject to the provisions ofthis division. However, any provision of this division that is inconsistent with a specific provision applicable to suburban estate zones does not apply in suburban estate zones. (Ord. No. 90-43, ~ 2(115.20(1)), 2-27-90; Ord. No. 02-424, ~ 3, 9-17-02) 22-982 Types of animals. Animals will be regulated according to the following categories: (1) Household pets. The following animals will be regulated as household pets: a. Three dogs or less per dwelling unit. b. Three cats or less per dwelling unit.' c. A total of four dogs and cats per dwelling unit. d. Four rabbits or less per dwelling unit. e. Gerbils. f. Guinea pigs. g. Hamsters. h. Mice. i. Caged birds. j. Nonvenomous reptiles and amphibians. k. Other animals normally associated with a dwelling unit, and which are generally housed within the dwelling unit. (2) Small domestic animals. The following animals will be regulated as small domestic animals: a. More than three dogs per dwelling unit. b. More than three cats per dwelling unit. c. More than a total of four dogs and cats per dwelling unit. d. More than four rabbits per dwelling unit. e. Fowl. (3) Large domestic animals. The following animals will be regulated as large domestic animals: a. Horses. b. Cattle. c. Sheep. d. Pigs. e. Goats. f. Other grazing or foraging animals. (4) Bees. (Ord. No. 90-43, ~ 2(115.20(2)), 2-27-90) 22-983 Other regulations. Nothing in this division eliminates the need to comply with applicable state law and any other ordinance of the city regulating the keeping of animals. (Ord. No. 90-43, ~ 2(115.20(3)), 2-27-90) 22-984 Use must be accessory. The keeping of animals under the provisions of this division must be clearly accessory to the principal residential use of the subject property. (Ord. No. 90-43, ~ 2(115.20(4)),2-27-90) 22-985 Household pets. Household pets, as that term is defined in this division, may be kept on the subject property. (Ord. No. 90-43, ~ 2(115.20(5)), 2-27-90) FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 20 005 22-986 Small domestic animals. Small domestic animals, as that term is defined in this division, may be kept on the subject property subject to the following regulations: (1) Minimum lot size. The subject property must be at least 35,000 square feet in area. (2) Maximum number of animals. No more than 20 small domestic animals may be kept on a lot containing 35,000 square feet of area. One additional small domestic animal is permitted for each additional 500 square feet of lot area. In addition, offspring from one female are permitted at any time, until those offspring are able to live independently. (3) Pens, structures and enclosures. The applicant shall provide a suitable pen, structure or enclosure to house the animals and must maintain this structure, pen or enclosure in a clean condition at all times. All pens, structures and enclosures must be set back at least 40 feet from each property line. (4) Limitations under certain circumstances. The city may limit the number of animals allowed to less than the maximum stated in this section if this is reasonably necessary to protect nearby uses or the city considering the following factors: a. The proximity of the animals to dwelling units both on and off the subject property. b. The lot size and isolation of the subject property. c. The compatibility with surrounding uses. d. Potential noise, pollution and other impacts. (Ord. No. 90-43, ~ 2(115.20(6)), 2-27-90) 22-987 Large domestic animals. Large domestic animals, as that term is defined in this division, may be kept on the subject property subject to the following regulations: (1) Minimum lot size. The subject property must be at least 70,000 square feet in area. (2) Maximum number of animals. No more than two large domestic animals may be kept on a lot containing 70,000 square feet of area. One additional large domestic animal is permitted for each additional 35,000 square feet of lot area. In addition, sucklings from one female are permitted at any time. (3) Pens and structures. The applicant shall provide a suitable pen or structure to house the animals and must maintain this structure or pen in a clean condition at all times. All pens or structures must be set back at least 40 feet from each property line. (4) Roaming and grazing areas. The subject property must contain an area of at least 14,500 contiguous square feet configured in a suitable manner to be used as a roaming, grazing or paddock area for the animals. This area must be exclusive of barns, storage sheds and other structures and must be accessible to trucks to deliver feed and remove manure. All roaming, grazing and paddock areas must be setback at least 20 feet from each property line. (5) Exemptions to setbacks. The setback requirements of subsections (3) and (4) of this section may be modified or waived by the city if the abutting property owner records a statement with the county to run with the property giving permission for the structure or pen or roaming, grazing or paddock area to be closer to the property line than the required setback and/or for the structure, pen or area to extend across the property line. (6) Manure piles. Manure piles must be located and maintained in a manner to reduce or eliminate any impacts upon adjoining properties and water quality. (7) Limitations under certain circumstances. The city may limit the number of animals allowed to less than the maximum stated in this division if this is reasonably necessary to protect nearby uses or the city considering the following factors: a. The proximity of the animals to dwelling units both on and off the subject property. b. The lot size and isolation of the subject property. c. The compatibility with surrounding uses. d. Potential noise, pollution and other impacts. (Ord. No. 90-43, ~ 2(115.20(7)), 2-27-90) 22-988 Bees. Bees may be kept on the subject property subject to the following regulations: FWCC Chapter 22, Article XIII, "Supplementary District Regulations" asc Code Amendment - September 10, 2008 Page 21 of35 (1) Minimum lot size. The subject property must be at least 15,000 square feet in area. (2) Number of hives. Two hives are permitted if the subject property is less than 20,000 square feet in area. Five hives are permitted if the subject property is between 20,000 and 60,000 square feet in area. A maximum of 15 hives are permitted if the subject property is more than 60,000 square feet in area. (3) Location of hives. The hives must be at least 25 feet from each property line unless one of the following circumstances applies, in which case the hives must be at least 10 feet from each property line: a. The hives are at least eight feet above the adjacent ground. b. The hives are less than six feet above the adjacent ground and are behind a solid fence or hedge which is at least six feet in height and parallel to any property within 25 feet of the hives and extending at least 20 feet beyond the hive in both directions. (4) Registration. All colonies shall be registered with the state department of agriculture prior to April of each year in which they are kept. (5) Housing and maintenance. All colonies must be kept in movable frame hives. Adequate space must be maintained around hives to prevent overcrowding and swarming. Hives must be requeened following any swarming or aggressive behavior. (Ord. No. 90-43, ~ 2(115.20(8)), 2-27-90) 22-989 Bonds. The city may require a bond under FWCC 22-146 et seq. to ensure that the subject property is maintained in a clean condition. (Ord. No. 90-43, S 2(115.20(9)), 2-27-90) 22-990 - 22-1005 Reserved. Division 3. Development Activities and Heavy Equipment Operations 22-1006 Limitations. (a) General. It is a violation of this chapter to engage in any development activity or to operate any heavy equipment between the hours of 8:00 p.m. and 7:00 a.m. weekdays, and 8:00 p.m. Friday through 9:00 a.m. Saturday. No development activity or use of heavy equipment may occur after 8:00 p.m. Saturday, or at any time on Sundays or holidays observed by the city. (b) Exception. The director of community development may grant revocable, written permission to engage in a development activity or to operate heavy equipment between the hours of 8:00 p.m. and 7:00 a.m. on Monday through Friday and 8:00 p.m. Friday through 9:00 a.m. Saturday, or from 9:00 a.m. to 8:00 p.m. on Sundays or holidays observed by the city ifthis will not interfere with any residential use permitted in the zone in which it is located. (Ord. No. 90-43, ~ 2(115.25), 2-27-90; Ord. No. 99-341, ~ 3, 5-4-99) 22-1007 - 22-1025 Reserved. Division 4. Fences 22-1026 Barbed wire. Barbed wire is permitted only atop a fence or a wall at least six feet in height or between two agricultural uses. (Ord. No. 90-43, S 2(115.40(1)), 2-27-90) 22-1027 Electrified fences. Electrified fences are not permitted in the city, except to contain large domestic animals. All electric fences and appliances, equipment and materials used in connection with an electrified fence must be listed or labeled by a qualified testing agency and shall be installed in accordance with manufacturer's specifications. All electric fences shall be posted with permanent signs, which are a minimum of 36 square inches in area, at intervals of 15 feet along the fence stating that the fence is electrified. The permitted location of electrified fences is as follows: FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 22 005 (1) Electrified fences separating agricultural uses may be located anywhere on the subject property, including on the property line. (2) Other than as stated in subsection (1) of this section, an electrified fence must be located at least 18 inches inside of a wood fence if the electrified fence is within 20 feet of any property line. (Ord. No. 90-43, ~ 2(115.40(2)), 2-27-90) 22-1028 Razor wire fences prohibited. Razor wire fences are prohibited in the city. (Ord. No. 90-43, ~ 2(115.40(3)), 2-27-90) 22-1029 - 22-1045 Reserved. Division 5. Height 22-1046 Compliance generally. No element or feature of a structure, other than as listed in FWCC 22-1047, may exceed the applicable height limitation established for each use in this chapter. (Ord. No. 90-43, ~ 2(115.60(1)), 2-27-90) 22-1047 Exceptions. The following are excepted from the height limitations of this chapter: (1) For detached dwelling units: a. Vents and chimneys may exceed the maximum height limit. b. Rod, wire, dish and other antennas, other than as specified in subsection (3) of this section, may be placed above the maximum height if approved using process I. The city will approve the application if: 1. Views across the subject property are not substantially impaired; and 2. The antenna must be placed above the roofline in order to function properly. (2) Except as specified in subsections (1) and (2) of this section: a. Rooftop appurtenances may exceed the applicable height limitation by a maximum of four feet, if the area of all appurtenances and screening does not exceed 10 percent of the total area of the building footprint. These appurtenances must be located in such a way as to minimize view blockage. b. Appurtenances that do not meet the standards of subsection (2)(a) of this section may be permitted if the director of community development determines that, based on accurate graphic representations provided by the applicant, views from adjacent properties will not be significantly affected. c. Any appurtenance, other than chimneys and antennas, must be screened from all streets and nearby properties. See FWCC 22-960 for requirements pertaining to rooftop screening. (3) A radio tower and antenna structure for use by a noncommercial, licensed amateur operator may be approved through process III, if the city determines that: a.The radio tower and antenna structures is placed to minimize its visibility from adjoining properties, while still permitting effective operation; b. The radio tower and antenna structure does not extend higher than reasonably necessary to operate effectively; and c. The use of the antenna will not materially interfere with radio and television reception on nearby properties. In making its decision on the application, the city shall take into consideration the strong federal interest in promoting amateur communications and the rules adopted by the Federal Communications Commission regulating such facilities. If the city approves the radio tower and antenna structure, it may impose limitations to mitigate or eliminate any adverse impacts. This may include, but is not limited to, requiring the use of a telescoping antenna, which would only be extended during limited periods when the antenna is in use. (Ord. No. 90-43, ~ 2(115.60(2)), 2-27-90; Ord. No. 00-375, ~ 20, 2000) FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 23 of35 22-1048 - 22-1065 Reserved. Division 6. Home Occupations 22-1066 Application. The regulations of this division apply to every residential use within the city. (Ord. No. 90-43, ~ 2(115.65(1)),2-27-90; Ord. No. 91-87, ~ 12(115.65(1)),2-5-91) 22-1067 Purpose. The purpose of this division is to allow commercial occupations incidental to residential uses to be located in residences while providing protection to all residents from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial uses being conducted in residential areas. (Ord. No. 90-43, ~ 2(115.65(2)),2-27-90; Ord. No. 91-87, ~ 12(115.65(2)),2-5-91) 22-1068 Class I home occupation. (a) A Class I home occupation is permitted if it meets all of the following requirements: (1) It is carried on exclusively by a family member who resides in the dwelling unit; (2) It has no outside storage, exterior indication or outside activity; (3) It uses no heavy equipment, power tools or power sources not common to a residence; (4) It has no pickup or delivery by commercial vehicles; (5) It does not include more than four persons per day coming to the subject property for goods or servIces; (6) It creates no noise, dust, glare, vibration, odor, smoke or other impact adverse to a residential area. (b) A Class I home occupation which does not meet the requirements of subsection (a) of this section may be approved using process III, if: (1) It will not harm the character of the surrounding neighborhood; (2) It will not include outdoor storage and/or operation of building materials, machinery, commercial vehicles or tools, that will be visible or audible from or have an effect on other properties; (3) It does not create a condition which injures or endangers the comfort, repose, health or safety of persons. (Ord. No. 90-43, ~ 2(115.65(3)), 2-27-90; Ord. No. 91-87, ~ 12(115.65(3)),2-5-91; Ord. No. 00-375, ~ 21,2000) 22-1069 Class II home occupation. A family child care home, an in-home child care home occupation, is permitted if it meets all of the following requirements: (1) The use must be operated as part of a principal residential use of the subject property by a resident of the subject property. (2) This use must be licensed to provide in-home child care services by the State Department of Social and Health Services. (3) Lot size, building size, setbacks, and lot coverage conform to those applicable to the zoning district. If the lot is legal, nonconforming, it may be approved through a process III review. (4) Not more than two persons not a resident of the dwelling unit may work for the Class II home occupation at anyone time. (5) One off-street parking space is provided for each nonresident or nonfamily member employee in addition to the spaces required by the zoning district for the residential use. The residential driveway is acceptable for this purpose. (6) The city may require an on-site passenger loading area, depending on the number and nature of the attendees and the extent and nature of existing street improvements. If located on a major arterial street, an off-street dropoff/pickup area must be provided. FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 24 of35 (7) In residential zones, no exterior alterations are allowed to accommodate the Class II home occupation, including signage. Only those interior alterations customary to residential use shall be made. (8) The applicant shall provide documentation that residents living immediately adjacent to the proposal have been notified ofthe proposal or the applicant may provide stamped and addressed envelopes of the residents living immediately adjacent to the proposal and the city will notify the neighbors. (9) In addition to satisfying conditions (1) through (8) ofthis section, a family child care home may also be required to meet the following conditions: a. Hour of operation and maximum number of attendees may be limited by the city to reduce impacts on nearby residential uses. b. A six-foot sight-obscuring fence or vegetation may be required by the city if it is determined that the proposal adversely affects neighbors. c. Additional traffic information or mitigation measures may be required ifthe community development director or public works director determines that the proposal may adversely affect intersections or streets in the area. (Ord. No. 90-43, ~ 2(115.65(3)), 2-27-90; Ord. No. 91-87, ~ 12(115.65(3)),2- 5-91; Ord. No. 00-375, ~ 22, 2000) 22-1070 Accessory structure related to home occupation. Structures, other than the dwelling unit, used to house or support the home occupation may not exceed 1,000 square feet in area. (Ord. No. 90-43, ~ 2(115.65(3)), 2-27-90) 22-1071 Domestic animals. FWCC 22-981 et seq., regarding animals in residential zones, shall be the regulations for keeping animals in residential zones permitting home occupations. (Ord. No. 90-43, ~ 2(115.65(4)), 2-27-90) 22-1072 - 22-1090 Reserved. Division 7. Land Modifications 22-1091 General provisions. (a) General. The applicant shall comply with this section with respect to all land surface modifications. The requirements of Chapter 22 FWCC, Article XIV, Critical Areas, shall govern for fill occurring in critical aquifer recharge areas and wellhead protection areas. (b) Nature of fill materials. All materials used as fill must be nondissolving and nondecomposing. Fill materials must not contain organic or inorganic material that would be detrimental to water quality or existing habitat or create any other significant adverse impacts to the environment. (Ord. No. 90-43, ~ 2(115.75(1), (2)), 2-27-90; Ord. No. 90-77, ~ 3(115.75(1), (2)),12-11-90; Ord. No. 04-468, ~ 3,11-16-04) 22-1092 Bonds. The city may require the following bonds for any land surface modification approved by or under this division: (I) A performance bond to guarantee that the land surface modification will conform to city standards and requirements. (2) A maintenance bond for the stability of the work and the preservation of vegetation. (Ord. No. 90-43, ~ 2(115.75(5)), 2-27-90; Ord. No. 90-77, ~ 3(115.75(5)),12-11-90; Ord. No. 04-468, ~ 3, 11-16-04) 22-1093 Permitted outright. A land surface modification is permitted only if it: (1) Has been approved as part of a valid development permit (except grading permits issued under chapter 70 of the city's building code), subdivision, or substantial development permit; (2) Is for cemetery graves; FWCC Chapter 22, Article XIII, "Supplementary District Regulations" asc Code Amendment - September 10, 2008 Page 25 of3S (3) Is in a right-of-way and authorized in writing by the director of the department of public works; (4) Is for mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where a permit has been issued by the state department of natural resources; (5) Is for exploratory excavations under the direction of a professional engineer licensed in the state; provided, that the extent of the land surface modification does not exceed the minimum necessary to obtain the desired information; (6) Is for normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way; (7) Is for excavations for utility service connections to serve existing and/or new structures and is outside any area that is within the jurisdiction of FWCC 22-1221 et seq.; (8) Is for actions which must be undertaken immediately, or within a time too short to allow for compliance with the permit requirements of FWCC 22-1094, to avoid an imminent threat to public health or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of serious environmental degradation. This determination will be made by the director of community development; (9) Is for the removal of overhanging vegetation and fIre hazards or for removal of blackberry vines or dead, dangerous or diseased trees when authorized by the building official; (10) Is for placement offill on land owned or controlled by the city; (11) Is an integral part of an ongoing agricultural or horticultural use on the subject property; (12) Is conducted on property which contains a detached dwelling unit and which, because of the size of the property or the location of the dwelling unit, cannot be further subdivided or divided; or (13) Complies with all of the following criteria: a. The subject property contains a permanent building or an active use. b. The land surface modification will not change the points where the stormwater or groundwater enters or exits the subject property; and will not change the quality, quantity, or velocity of stormwater or groundwater. c. The land surface modification is outside any area that is within the jurisdiction ofFWCC 22-1221 et seq. d. In anyone-year period, not more than 100 cubic yards of fill material is deposited on, excavated and removed from or moved from place to place on the subject property. Ifthe subject property is larger than one acre, the limit is 100 cubic yards within each acre. e. No trees defined as significant trees will be removed and no vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. f. If the subject property is two acres or larger and has 20 percent or more of its area covered with native vegetation, the land surface modification will not remove more than 20 percent of that native vegetation. The limitations of this subsection apply to all land surface modification on the subject property over time. g. The land surface modification will not result in more than a two-foot increase or one-foot decrease in the average elevation of the subject property, computed using the elevation of the midpoint of each property line. (Ord. No. 90-43, S 2 (115.75(3)), 2-27-90; Ord. No. 90-77, S 3 (115.75(3)), 12-11-90; Ord. No. 04-468, S 3, 11-16-04) 22-1094 Discretionary approval. (a) Generally. A land surface modification that does not meet the requirements ofFWCC 22-1093 may be approved through process III. (b) Required information. In addition to the application material required in process III, FWCC 22- 386 et seq., the applicant must submit the following: (1) A recent survey of the subject property. FWCC Chapter 22, Article XlII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 26 005 (2) A map showing the limits of the proposed land surface modification; the location of utilities, easements, right-of-way improvements and any area regulated under FWCC 22-1221 et seq. that is on or within 400 feet of any area to be disturbed by the proposed land surface modification. (3) A tree retention plan. (4) An erosion control/construction phase stormwater control plan. (5) A soils report which contains sufficient information to determine the potential impacts of the proposed land surface modification, as well as proposed measures to reduce or eliminate these impacts, all as determined by the city. (c) Decisional criteria. The city may approve the proposed land surface modification if it complies with the following criteria: (I) Except as allowed under this chapter, it will not alter or adversely affect streams, lakes, wetlands or significant trees, either on or off the subject property. (2) It will not violate any express policy of the city. (3) It meets at least one of the following criteria: a. It is necessary to correct an erosion or drainage problem on an undeveloped site. b. It is necessary to create new utility or access corridors. c. Other unusual circumstances exist which make it reasonable to permit land surface modification in advance of the issuance ofa development permit, subdivision or short subdivision approval or shoreline substantial development permit. (Ord. No. 90-43, ~ 2(115.75(4)), 2-27-90; Ord. No. 90- 77, ~ 3(115.75(4)), 12-11-90; Ord. No. 00-375, ~ 23, 2000; Ord. No. 04-468, ~ 3, 11-16-04) 22-1095 Tree and plant restoration. If, during the land surface modification, any tree required to be retained or planted is damaged or destroyed, the applicant shall plant a tree of the same species at least five inches in diameter, as measured six inches about the top of the root ball if deciduous and at least 17 feet high if coniferous, in the immediate vicinity of the damaged or destroyed tree. The city may require the applicant to remove the damaged or destroyed tree. In addition, if the land surface modification destroys groundcover or shrubbery, the applicant shall hydroseed the bare soil and plant shrubs at least 24 inches in height in the immediate vicinity of the damaged or destroyed vegetation. (Ord. No. 90-43, ~ 2(115.75(5)), 2-27-90; Ord. No. 90-77, ~ 3(115.75(5)),12-11-90; Ord. No. 04-468, ~ 3,11-16-04) 22-1096 - 22-1110 Reserved. Division 8. Outdoor Activities and Storage 22-1111 Application of division. This division establishes regulations applicable to outdoor uses, storage and activity. (Ord. No. 90-43, ~ 2(115.105(1)),2-27-90) 22-1112 Residential uses. The purpose of this chapter is to establish standards for outdoor residential use, storage and activities related to motor vehicles and nonmotorized vehicles. These standards are intended to protect property values by reducing visual blight, aid in emergency access and fire safety, guard against the creation of rodent and pest harborage, and reduce the impact on the natural environment from the leaking of motor vehicle fluids. Outdoor uses, storage and activities normally associated with a residential use are permitted, unless otherwise regulated or prohibited by this chapter. All motor vehicle and nonmotorized vehicle parking and storage for residential uses containing either detached or attached dwellings shall be in a garage, carport or on an approved impervious surface. Non: motorized vehicles may include but are not limited to travel and camp trailers, utility trailers, truck campers, and boat or vehicle transport trailers. Any garage, carport or impervious surface used for motor FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 27 of35 vehicle or nonmotorized vehicle parking or storage shall have direct driveway access. This section does not apply to residential lots containing a detached dwelling unit where the total lot size is 20,000 square feet or more. However, junked, wrecked, dismantled, or inoperable motor vehicles must be stored in a completely enclosed building regardless ofthe size or zoning designation ofthe lot. (Ord. No. 90-43, ~ 2(115.105(2)),2-27-90; Ord. No. 99-341, S 3, 5-4-99) 22-1113 Commercial and industrial uses. (a1) Generally. Subject to Process I and the followine requirements, of subsect:ioas (h) through (g) of this seetion, the commercial and industrial uses afld aeti,;i-ties 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: (-l-!V Locations and dimensions of all buildines. structures and fences on the subject property. (~!!) Locations and dimensions of all parking and driving areas on the subject property. (~Locations and dimensions of all existing and proposed outdoor use, activity, or storage area and related buildines or structures on the subject property. (4!!) Locations and description of all existing and proposed landscaping on the subject property. (~The nature ofthe outdoor use, activity, ef storage area or related buildine or structure, including a detailed description of all items proposed to be stored outdoors. (6f) The intended duration of the outdoor use, activity or storage. (e~ Specific use and development requirements. The city will administratively review and either approve or deny any application for outdoor use, activity,1 aB.El Q! storage based on the following standards: (-l-!V All outdoor use, activity and storage areas must comply with required buffers for the primary use. (~!!) A minimum six-foot-high solid screening fence. wall. or other appropriate architectural screening, surrounded by five feet of Type I landscapine as defined by FWCC 22-1565(a). or combination of architectural and landscape features, approved by the director of community development services is required around the outside edges of the area devoted to the outdoor use, activity or storage area. unless determined by the director that such screenine is not necessarv because the use or stored materials are not visuallv obtrusive. Proposed architectural and landscape screenine methods shall be consistent with Article XIX. Community Desien Guidelines. and Article xvn. Landscapine. of this chapter. (~ 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 eutaoor stemge area is surroundea OR all sides hy the iRdustrial eemffiereial zeae, theR the height ofthe outaoer storage shall Rot exceea the height ofilie }3rimary structure eR the subject: property. IR all other cases, tThe height of uncontained items stored outdoors shall not exceed six feet above finished grade, unless the director approves a different heieht limitation after considerine the zonine of the site and the surroundine properties and the extent to which the location or methods of screenine the items minimizes visibility from adiacent streets and properties. and the items are not visually obtrusive and do not detract from the aesthetic Quality of the overall development. (~ The outdoor use, activity or storage area may not inhibit safe vehicular and pedestrian movement to, from and on the subject property. (~ 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 (e~ 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: (-l-.!!) Outdoor Christmas tree lots if these uses will not operate more than 30 days in any year. FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 28 of35 (~!!) 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. (~) Outdoor dining and refreshment areas, including espresso carts. (4.!!) Outdoor display of vehicles for sale or lease; provided, that the display area complies with all other applicable requirements ofthis chapter. ( ~ 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. (eD Outdoor accessory sales area( s) adjacent 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 displayed only during normal business hours; (c) no coin-operated vending machines or similar items are displayed; (d) the area complies with subsections (eJ)(l-,!!), (eJ)(~ and (eJ)(~ of this section; 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 the uses listed under subsection (~ofthis section and the followine: uses: temporary trailers and construction-related outdoor storae:e containers listed in FWCC 22-963: portable movine: containers listed in FWCC 22-964: and outdoor storae:e containers used to store emereencv preparedness supplies or related materials if approved under FWCC 22-1114. (@ 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. (g1) Modification. The applicant may request a modification of the requirements of subsection WQl of this section. This request will be reviewed and decided upon under process II. The city may approve the modification if: (+,!!) The modification will not create a greater impact on any nearby residential use than would be created without the modification. (~!!) 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, ~ 2(115.105(3)),2-27-90; Ord. No. 96-270, ~ 3(C), 7-2-96; Ord. No. 07-559, ~ 3(Exh. A), 7-3-07) 22-1114 Ree:ulation of outdoor storae:e containers for permanent accessory storae:e. (1) Allowed uses and zones. If approved under this section. outdoor storae:e containers may be used as permanent accessory storae:e in coni unction with any allowed principal use in any non- residential zone. In residential zones they may be used as permanent accessory storae:e onlv in conjunction with institutional or quasi-public uses. See also FWCC 22-963. (2) Review process. Requests to place accessory storae:e containers on a permanent basis are subject to Process I. Director's Approval. unless the container(s) is part of a development project that requires a different review process. in which case it shall be reviewed in coniunction with that project and process. (3) Desie:n criteria. Permanent outdoor storae:e containers are subject to subsections FWCC 22- 1113(1)-(3). FWCC 22-1113 (5)-(7). and the followine: criteria: (a) Containers shall be placed to minimize visibility from surroundine: streets. pedestrian areas. and properties: and shall not be located between the principal buildine: and front property line. (b) Containers shall not be stacked. FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 29 005 - (c) Containers shall not be refril!erated. or used or desil!ned to be used for office. sales. or other habitable space. (d) Containers shall be painted to match adjacent buildinl!(s) or improvements. (e) No loose material shall be stacked on or near a container unless approved under all applicable provisions of this article. (0 Containers shall be screened in accordance with subsection FWCC 22-1113(3)(b). above. In reviewinl! proposed screeninl! methods. the director will consider the zoninl! of the site and surroundinl! properties; location of the container and visibilitv from adjacent streets and properties; existinl! and proposed landscapinl!; and the phvsical condition of the container; provided that containers located on or adioininl! a residentiallv zoned property shall receive 100 percent sil!ht obscurinl! screeninl!. (l!) The director may limit the number and/or size of containers on a site if necessary to minimize visual or operational impacts to the site or surroundinl! properties. (h) The director may modify the screeninl! and/or placement criteria of this section as necessary to accommodate the storal!e of emerl!encv preparedness supplies or other materials related to the public health. safety. and welfare. when used in coni unction with institutional and Quasi-public uses. 22-1115 Permit requirements for permanent accessory outdoor storal!e containers. (1) No outdoor storal!e container l!overned bv the provisions of this code shall be installed. moved or altered bv any person without obtaininl! a permit from the department of community development seryices. Applicants shall complv with all applicable rel!ulations set forth in section 22-1114. and all other applicable laws. and obtain all other necessary permits. and Day all fees in connection with all applicable permits. In the event the outdoor storal!e container does not complv with applicable laws. the department of community development services shall deny the application. unless the container is exempt pursuant to subsection (2) of this section. (2) Exemption/nonconformance. No permit is required for lel!al nonconforminl! outdoor storal!e containers which are permitted pursuant to FWCC 22-338.3. Nonconformance. (3) Enforcement. Outdoor storal!e containers not complvinl! with the provisions ofthis section within twenty-four (24) months of the effective date of adoption of this section and not constitutinl! a lel!al nonconforminl! outdoor storal!e container pursuant to FWCC 22,.338.3 are subject to the enforcement provisions of this chapter and other enforcement remedies available to the city. 22-111 ~ 22-1130 Reserved. Division 9. Yard Requirements 22-1131 Scope of division. This division establishes what structures, improvements and activities may be in or take place in required yards as established for each use in each zone by this chapter. (Ord. No. 90-43, ~ 2(115.115(1)), 2- 27-90) 22-1132 Exceptions and limitations in some zones. This chapter contains specific regulations regarding what may be in or take place in required yards in certain instances. Where applicable, those specific regulations replace any inconsistent provisions of this division. (Ord. No. 90-43, ~ 2(115.115(2)), 2-27-90) 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. FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 30 of35 (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 ofthe 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: fa1.The rockery or retaining wall is not being used as a direct structural support for a major improvement; and flr.l.The rockery or retaining wall is reasonably necessary to provide support to a cut. fill. or slope. (7) Signs may be located in required yards subject to provisions of FWCC 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: fa-:-} The proposed structure is no more than eight feet high above finished grade; !lr.} 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; fc-:-} The proposed structure contains no more than 120 square feet in total area; fd-:-l.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 fe..} 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, ~ 2(115.115(3)), 2-27-90; Ord. No. 00-375, ~ 24, 2000; Ord. No. 07-559, ~ 3(Exh. A), 7-3-07) (0) Construction-related outdoor stora!!e containers may be temporarily placed in the reauired front yard of an occupied sin!!le-family residential lot if approved under FWCC 22-963. and portable movin!! containers may be temporarilv placed in the reauired front vard of any lot if approved under FWCC 22-964. 22-1134 Outdoor uses, activities and storage. For regulations on outdoor uses, activities and storage, see FWCC 22-1111 et seq. (Ord. No. 90-43, ~ 2(115.115(4)),2-27-90; Ord. No. 07-559, ~ 3 (Exh. A), 7-3-07) 22-1135 Driveways and parking areas. Vehicles may not be parked in required yards except as follows: (I) Detached dwelling units. The regulations of this section apply to driveways and parking areas for detached dwelling units. a. Generally. Vehicles may be parked in the required front and rear yards only ifparked on a driveway and/or parking pad, except as specified in subsection (1)(b) of this section. A driveway and/or parking pad, in a required front yard, may not exceed 20 feet in width and may not be closer than five feet to any side property line. b. Exception. A driveway and/or parking pad in a required front yard may exceed 20 feet in width if: FWCC Chapter 22, Article XIIl, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 31 of35 1. It serves a three-car garage; 2. The subject property is at least 60 feet in width; and 3. The garage is located no more than 40 feet from the front property line. In addition, a driveway may flare at the front property line to a maximum width of 30 feet. (2) Attached and stacked dwelling units in residential zones. The regulation of this subsection apply to driveways and parking areas for stacked and townhouse (attached) dwelling units in residential zones. a. Parking areas may not be located in required yards. b. Driveways must be set back at least five feet from each property line, except the portion of any driveway which crosses a required yard to connect with an adjacent street. (3) Other uses. Parking areas and driveways for uses other than those specified in subsections (1)(a) and (2) of this section may be located within required setback yards. (4) Shared parking. If parking serves two adjacent uses, the parking area may be anywhere in the required yard between those uses. (5) Zero lot line townhouse dwelling units and lots in small lot detached development. Parking areas and driveways for these uses may utilize shared parking and park in required yards as specified in FWCC 22-664, Zero lot line townhouse and townhouse (attached) dwelling units; FWCC 22-665, Small lot detached dwelling units; and FWCC 22-632, Zero lot line townhouse and townhouse (attached) dwelling units. (Ord. No. 90-43, ~ 2(115.115(5)), 2-27-90; Ord. No. 07-554, ~ 5(Exh. A(9)), 5-15-07) 22-1136 - 22-1150 Reserved. Division 10. Sight Distance at Intersections 22-1151 Generally. This division establishes that areas around all intersections, including the entrance of driveways onto streets, must be kept clear of sight obstruction. Intersection sight distance shall be based on posted speed limits per AASHTO requirements. FWCC 22-1160 establishes what may be in the area that is to be kept clear of sight obstructions. (Ord. No. 90-43, ~ 2(115.130(1)), 2-27-90; Ord. No. 98-330, ~ 3, 12-15-98) 22-1152 - 22-1159 Reserved. Editor's note -Ord. No. 98-330, ~ 3, adopted Dec. 15, 1998, repealed ~~ 22-1152 -22-1159 in their entirety. Former ~~ 22-1152 - 22-1159 pertained to types "A," "B," "C," "D," "E," and "F" intersections, to one-way streets and streets with median barriers, and to intersections not specifically regulated. ~ ~ 22-1152 - 22-1159 derived from Ord. No. 90-43, ~~ 2(115.130(2)(a), (b), (c), (d), (e), (f), (g), and (h)), adopted Feb. 27,1990. 22-1160 Permissible intrusion in the area to be kept clear of sight obstruction. (a) Generally. Except as stated in subsection (b) of this section or unless specifically approved by the public works director, no structure, improvement, vegetation or other thing may be within the sight distance triangle between 2.5 feet and 10 feet above the elevations of the pavement edge of each intersecting street or driveway. The sight distance triangle is defined by the travel paths of vehicles traveling at the posted speed limit on each approach of the intersection, and the line of sight between the vehicles that is sufficient to allow the operators to accelerate, slow down, or stop in time to prevent a collision. (b) Exceptions. The following are permitted to be within the area that must be clear of sight obstructions: (1) Any structure erected before the effective date of the chapter. (2) Natural topography of the ground. However, the public works director may require land surface modification to fulfill the intent of this division as part of any development activity on the subject property . FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 32 of35 (3) Any number of tree trunks and sign or utility poles if the public works director determines that adequate visual access is available between these tree trunks or poles. (Ord. No. 90-43, ~ 2(115.130(3)), 2- 27-90; Ord. No. 98-330, ~ 3, 12-15-98) 22-1161- 22-1175 Reserved. Division 11. Commercial Vehicles, Recreational Vehicles, and Boats 22-1176 Parking and storage of commercial vehicles in residential zones limited. Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows: (1) A maximum of one commercial vehicle based on standard pick-up, light duty trucks, or passenger vehicles, that does not exceed a maximum of 10,000 pounds gross vehicle weight rating (GVWR as defined in RCW 46.25.010) may be parked on any residentially zoned lot; (2) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any lot in a single-family residential zone (RS 35.0) or a suburban estates zone (SE); (3) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours for the exclusive purpose of loading or unloading the vehicle; (4) Commercial vehicles may be parked on any lot in a residential zone for construction purposes pursuant to a valid development permit; (5) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length may be parked on any lot if used for private construction purposes and when it is not visible from a right- of-way or access easement and not parked in the driveway; (6) Additional exceptions as outlined in FWCC 22-1179. Except for commercial vehicles used for loading and unloading purposes and commercial vehicles for construction purposes with a valid development permit, no more than one commercial vehicle is allowed per lot. (Ord. No. 04-457, ~ 3,2-3-04) 22-1177 Parking and storage of recreational vehicles and boats in residential zones limited. Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22 feet in length is prohibited in residentially zoned lots except as allowed by FWCC 22-1179. (Ord. No. 04- 457, ~ 3, 2-3-04) 22-1178 Exceptions. The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement ofthe vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, ~ 2(115.145(2)), 2-27-90; Ord. No. 00-375, ~ 25, 2000; Ord. No. 04-457, ~ 3,2-3-04. Formerly 22-1177.) 22-1179. Additional req uirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, ~ 2(115.145(2)), 2-27-90; Ord. No. 04-457, ~ 3, 2-3-04. Formerly 22-1178.) FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 33 of35 22-1180. Limitation on use. It is a violation ofthis chapter to sleep in, or use for any other residential purpose, a vehicle or boat parked in a residential zone for more than 14 days in any 180-day period. (Ord. No. 90-43, ~ 2(115.145(3)), 2-27-90; Ord. No. 04-457, ~ 3, 2-3-04. Formerly 22-1179.) 22-1181- 22-1195 Reserved. Division 12. Water Quality 22-1196 Scope. This division establishes the following water quality standards based on how the water leaves the subject property: (1) FWCC 22-1197 establishes water quality standards for water that flows directly from the subject property into a stream, a lake or Puget Sound. (2) FWCC 22-1198 establishes water quality standards for water that is conveyed into the public stormwater system directly from the subject property. (3) FWCC 22-1199 establishes water quality standards for water that enters the groundwater system by penetrating through the surface of the subject property. (4 ) Water that leaves the subject property by conveyance directly into a sanitary sewer system or from a septic tank system is not regulated by this chapter. Seattle-King County Health Department Regulation Number III applies to water quality in these situations. (Ord. No. 90-43, ~ 2(115.150(1)), 2-27-90) 22-1197 Quality of water entering streams and lakes. (a) Generally. The quality of any water entering any stream or lake or Puget Sound directly from the subject property must meet the water quality standards established under the authority of Chapter 90.48 RCW, and contained within Chapter 173-201 WAC, which standards are hereby incorporated by reference. (b) Classifications. Under the authority of Chapter 173-20 1 WAC, the city hereby classifies all streams within the city as "Class AA," and all lakes within the city as "Class Lake." (Ord. No. 90-43, ~ 2(115.150(2)),2-27-90) 22-1198 Quality of water entering the public stormwater system. All water directly entering the public stormwater system from the subject property must meet the following water quality standards: (1) Fecal coliforms levels may not exceed a geometric mean of 50 organisms per 100 milliliters, with not more than 10 percent of the samples exceeding 100 organisms per 100 milliliters. (2) Dissolved oxygen must exceed 9.5 milligrams per liter. (3) The concentration of total dissolved gas may not exceed 110 percent of saturation at any point of sample collection. (4) The pH must be within the range of 6.5 to 8.5. In addition, the water leaving the subject property may not change the pH ofthe public stormwater system by more than 0.2 units. (5) The temperature of the water entering the public storm sewer system may not exceed 16.0 degrees Celsius as a result of human activity. In addition, temperature increases in the public storm sewer system may not, as a result of human activity, exceed t = 23/(T + 5). (6) The turbidity of the water leaving the subject property may not exceed five NTUs (Nephlometric Turbidity Units) over the background turbidity when the background turbidity is 50 NTUs or less, or have more than a 10 percent increase in turbidity when the background turbidity is more than 50 NTUs. (7) The water leaving the subject property may not contain toxic or deleterious materials except those which result from reasonable and safe activities which are associated with and accessory to an allowable use conducted on the subject property. (Ord. No. 90-43, ~ 2(115.150(3)), 2-27-90) FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 34 of35 22-1199 Quality of water entering the ground. Water that enters the groundwater system by penetrating through the surface of the subject property, other than from a septic tank, may not contain any toxic or deleterious materials except those which result from reasonable and safe activities which are associated with and accessory to an allowable use conducted on the subject property. (Ord. No. 90-43, ~ 2(115.150(4)), 2-27-90) 22-1200 Special enforcement provisions. (a) Analysis conducted by state certified laboratory. As part of any investigation of a potential violation of this division, water samples will be analyzed by a state certified water quality laboratory capable of conducting the necessary analyses. (b) Cost paid by property owner. If a violation of this division is found to exist, the owner of the subject property shall pay the city's actual costs in conducting the laboratory analyses described in subsection (a) of this section. (Ord. No. 90-43, ~ 2(115.150(5)), 2-27-90) 22-1201 Public nuisance. In addition to the other requirements of this section, any discharge into water or change in water quality which annoys; injures; endangers the comfort, repose, health or safety of persons; or in any way renders persons insecure in life, or in the use of property is a violation of this chapter. (Ord. No. 90-43, ~ 2(115.150(6)),2-27-90) 22-1202 - 22-1220 Reserved. K:\2008 Code Amendments\Cargo Containers\Planning Commission\091708 Meeting\Final Art. Xlll in full w-out ord. 07-573.doc FWCC Chapter 22, Article XIll, "Supplementary District Regulations" OSC Code Amendment - September 10, 2008 Page 35 005 C'NM~ Federal Way STAFF MEMORANDUM TO PLANNING COMMISSION September 17,2008 OUTDOOR STORAGE CONTAINERS TEXT AMENDMENTS (City File No. 08-102684-00-UP, Related File No. 08-103570-00-SE) Since the September 10,2008, staff report was issued, staffhas identified certain additional amendments for consideration in the above referenced proposal. The recommended additional amendments are attached to this memorandum and shown in red font. None of the initially proposed amendments are substantively altered by these additional amendments as proposed. I. Staff recommends amendments to FWCC 22-963 ("Regulation of temporary trailers..." etc.) and FWCC 22-1113(5). The purpose is to allow cargo containers that have been modified with windows, doors, etc., to be used as temporary construction offices or real estate sales offices. This is an emerging product in the container industry and the City expects to receive such applications in the near future. A large local company, McKinney, is preparing to market such containers and other companies already have. Staffhas reviewed this use and found that it would be comparable to, and should be included with, temporary trailers for construction offices and real estate sales offices, as allowed by current code; subject to the same regulations as apply to temporary construction-related trailers (including gross floor area exemption) and construction and design criteria to ensure safety and compatibility. 2. Staff also recommends an additional amendment to the definitions in FWCC 22-1 for dwelling unit and accessory dwelling unit in order to exclude outdoor storage containers, as defined in the amendments, from these definitions. It should be noted, the amended definitions do not exclude cargo containers that have been modified and designed specifically for use as a dwelling unit (assuming they meet all other applicable codes, regulations, and standards). Although Federal Way has not yet seen any such proposal, there are examples in other areas of the country and an overall industry trend toward such housing. 3. Other minor amendments are recommended for purposes of clarification. FWCC 22-1114(1), dealing with permanent outdoor storage containers, is proposed to state that in no case may an outdoor storage container be the principal structure or use of a property, and to reference the code sections pertaining to temporary uses of outdoor storage containers and portable moving containers in residential and non-residential zones. FWCC 22-1114(3)(h) is proposed to allow the director to waive the placement and screening requirements for cargo containers storing emergency and related supplies. This adds flexibility if unusual site constraints or other circumstances warrant more than a modification to help site such facilities. If the Planning Commission concurs with the additional amendments (above and attached) they will be incorporated into the Commission's recommendation to the City Council. K\2008 Code Amendments\Cargo Containers\Planning Commission\091708 Meeting\Revised Materials\Memo to PC 9-17-08.doc Supplementary Staff Memo to Planning Commission OSC Amended Code Amendment - September 17, 2008 Page I of 1 PROPOSED AMENDMENTS (in relevant part) FWCC Chapter 22, Article I, Section 22-1, "Definitions" Submitted to Planning Commission September 17,2008 Accessory means a use, aetivity, stmeture or part of a structure which is subordinate and incidental in size. scale. desie:n. or purpose to the maiR aeti'lity lJrincipal use or structure on the subject property~. and supports the principal use or structure without displacine: or dominatine: it. See FWCC 22-946. GeRerally, aeeessory uses, faeilities aRa aeti'lities Rormally assoeiatea with a permitted use are permittea as part of that use. Accessory dwelling unit (ADD) means either a freestanding detached structure, excludinl! outdoor storal!e containers. or an attached part of a structure which is subordinate and incidental to the main or primary dwelling unit located on the subject property, providing complete, independent living facilities exclusively for one single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation. Building means a roofea stmeture used for or inteaaea for hUffillfl oeeupllfley any structure havine: a roof supported bv columns or walls and intended for the shelter. housine:. or enclosure of any individual. animal. process. equipment. e:oods. or materials of any kind. Carf!o containers - See Outdoor Storaf!e Containers and Portable Movinf! Containers. Dwelling unit means one or more rooms in a structure or structures, excluding mobile homes and outdoor storal!e containers, providing complete, independent living facilities exclusively for one family, including permanent provisions for living, sleeping, cooking and sanitation. A factory-built home or manufactured home is considered a dwelling unit under this chapter only if it meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. Outdoor stora1!e containers means new or used prefabricated metal or steel enclosures used for the accessory storae:e of supplies. equipment. inventory. e:oods. commodities. or construction-related materials: desie:ned without an axle or wheels: and capable of beine: mounted on a chassis or boe:ie for movement bv truck. trailer. rail car. or ship. This definition includes. but is not limited to. care:o. shippine:. and freie:ht containers: and excludes typical residential accessory buildinf!s or structures such as e:arae:es and storae:e sheds: e:arbae:e and recvcline: containers: containers mounted on a truck or in some stae:e of transport: structures used or deshmed to be used as Iivin,," facilities: and portable movine: containers as defined in this article. See FWCC 22-1114 and 22-111~5. Portable movinJ! containers means new or used prefabricated units that can be rented bv residential or business customers for temporary accessory movine: and storae:e activities. includine:. but not limited to. such products trademarked as "PODS" (Personal On Demand Storae:e). "SAM" (Store and Move). and "Door to Door." Such containers are typicallv delivered to a site bv truck-left on site for a temporary loadine: period. then retrieved bv truck and delivered to another location. which may include a storae:e facility. See FWCC 22-964. Quasi-public use means a use owned or operated bv a private nonprofit or philanthropic institution that provides cultural. recreational. or similar types of proe:rams and services. Structure means aRythiRg v:hieh is lnlilt or eORstIUetea, llfl edifiee or builaiRg of llflY kiRd or llflY pieee of work artifieially built up or eomposed of parts joiRea together iR some definite mllfl.ller a combination or arrane:ement of material for use. occupancy. or ornamentation. whether installed on. above. or below the surface of land or water. K:\2008 Code Amendments\Cargo Containers\Planning Commission\091708 Meeting\Revised Materials\Art I changes 9-17-08.doc FWCC Chapter 22, Article I, Section 22-1, "Definitions" OSC Amended Code Amendment - September 17, 2008 Page 1 of 1 PROPOSED AMENDMENTS (in relevant part) FWCC Chapter 22, Article XIII, "Supplementary District Regulations" Submitted to Planning Commission September 17,2008 22-963 Regulation of temporary trailers. buildinps. or other structures for constructions aIHI real estate offices. and outdoor storaee containers for construction related materials. Temporary trailers! @II buildings, or other structures used for construction officess* real estate sales offices. or outdoor storaee containers used to temporarily 10 store construction materials &It a@tin @onstradion sites. and normally associated with construction of a building or developments are permitted on the subject property during building or development on or off the subject property in any zone. subiect to Process I approval or intel!ration into the land use process applicable to the underlvine proiect. Temporary trailers. real estate sales offi@es. and olltdoor stDrae:e tlontainel'8 fDr @onstJ!'a@Hon related materials sto.aEe and buildings. or other structures and outdoor storape containers permitted under this section may not be located in required yards. except as noted in FWCC 22-1133(10). unless permitted in writing by the director of community development services. Temporary outdoor storaee containers for construction-related materials storaee shall be placed to minimize visibility from surroundine streets. pedestrian areas. and properties and shall be painted a neutral color and/or screened from view if necessary to minimize visual impacts to surroundine properties. as determined by the director of community development services. Any temporary trailer! s. nalestate sales Dffius. buildine. M outdoor storaee containen or hailding other structure permitted under this section must be removed from the subject property within six months after completion of construction of the improvements on the subject property. unless permitted in writine by the director of community development services. The city may require a bond, under FWCC 22-146 et seq., to cover the cost of removing the temporary trailer or building, if necessary. (Ord. No. 90-43, ~ 2(115.135),2-27-90) 22-1113 Commercial and industrial uses. (a1) Generally. Subject to Process I and the followine requirements, of sHbseletioRs (b) throHgh (g) of this seletioR, the commercial and industrial uses lHl:d aetiyities that are permitted on a site under this chapter may be conducted out-of-doors unless otherwise regulated or prohibited by this chapter. (l:l1) 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: (+!!) Locations and dimensions of all buildines. structures and fences on the subject property. (~.!!) Locations and dimensions of all parking and driving areas on the subject property. (~) Locations and dimensions of all existing and proposed outdoor use, activity, or storage area and related buildines or structures on the subject property. (4!!) Locations and description of all existing and proposed landscaping on the subject property. (~The nature of the outdoor use, activity, ef storage area or related buildine or structure, including a detailed description of all items proposed to be stored outdoors. (eD The intended duration of the outdoor use, activity or storage. (e~) Specific use and development requirements. The city will administratively review and either approve or deny any application for outdoor use, activitys aftEl Q! storage based on the following standards: (+!!) All outdoor use, activity and storage areas must comply with required buffers for the primary use. FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Amended Code Amendment - September 17, 2008 Page 1 of 3 (~.!!) A minimum six-foot-high solid screening fence. wall. or other appropriate architectural screening, surrounded by five feet of Type I landscapine as defined by FWCC 22-1565(a). or combination of architectural and landscape features, approved by the director of community development services is required around the outside edges of the area devoted to the outdoor use, activity or storage area. unless determined by the director that such screenine is not necessary because the use or stored materials are not visually obtrusive. Proposed architectural and landscape screenine methods shall be consistent with Article XIX. Community Desien Guidelines. and Article XVII. Landscapine. of this chapter. (~) 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 oHtcloor storage area is sHFFoHnded OR all sides by the inelHstFial eommereial zone, theR the height of the oliteloor storage shall not eJ(eeeel the height of the fJrimary strnet\:lfe OR the sHbjeet fJroflerty. In all other eases, tThe height of uncontained items stored outdoors shall not exceed six feet above finished grade, unless the director approves a different heieht limitation after considerine the zonine of the site and the surroundine properties and the extent to which the location or methods of screenine the items minimizes visibility from adiacent streets and properties. and the items are not visually obtrusive and do not detract from the aesthetic Quality of the overall development. (~) The outdoor use, activity or storage area may not inhibit safe vehicular and pedestrian movement to, from and on the subject property. (~) 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 (l:l1) and (e~) 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: (+!!) Outdoor Christmas tree lots if these uses will not operate more than 30 days in any year. (~.!!) 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. (~ Outdoor dining and refreshment areas, including espresso carts. (4!!) Outdoor display of vehicles for sale or lease; provided, that the display area complies with all other applicable requirements of this chapter. (~~) Year-round outdoor sales and storage oflawn 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. (eD Outdoor accessory sales area(s) adjacent 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 displayed only during normal business hours; (c) no coin-operated vending machines or similar items are displayed; (d) the area complies with subsections (e~)(+!!), (e~)(~) and (e~)(~~) of this section; 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 the uses listed under subsection (~ofthis section and the followine uses: temporary trailers. buildinl!s and structures aM @oBstru@tion related outdoar staJ!ae:e @ontaiBeJ!8 listed in FWCC 22-963: portable movine containers. listed in FWCC 22-964: and outdoor storaee containers used to store emereency preparedness supplies or related materials if approved under FWCC 22-1114. (f!!) 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. FWCC Chapter 22, Article XIII, "Supplementary District Regulations" OSC Amended Code Amendment - September 17,2008 Page 2 of3 (gl) Modification. The applicant may request a modification of the requirements of subsection Will of this section. This request will be reviewed and decided upon under process II. The city may approve the modification if: (+!!) The modification will not create a greater impact on any nearby residential use than would be created without the modification. (~.!!) The modification will not detract from the character of any use. (~~) The modification will not be injurious to public health, safety or welfare. (Ord. No. 90-43, ~ 2(115.105(3)),2-27-90; Ord. No. 96-270, ~ 3(C), 7-2-96; Ord. No. 07-559, ~ 3(Exh. A), 7-3-07) 22-1114 Reeulation of outdoor storaee containers for permanent accessory storaee. (1) Allowed uses and zones. If approved under this section. outdoor storaee containers may be used as permanent accessory storaee in coniunction with any allowed principal use in any non- residential zone. In residential zones they may be used as permanent accessory storaee only in coni unction with institutional or Quasi-public uses.and not with anv other nermitted use{s). Outdoor storape container{s) mav in no case be the nrincinal structure or use of a nronertv. See aI88 Refer to FWCC 22-963 and 22-964 for rel!ulations related to the temnorarv use of outdoor storal!e containers and nortable movinl! containers in residential and non-residential zones. (2) Review process. Requests to place accessory outdoor storaee containers on a permanent basis are subiect to Process I. Director's Approval. unless the container(s) is part of a development proiect that requires a different review process. in which case it shall be reviewed in coni unction with that proiect and process. (3) Desien criteria. Permanent outdoor storaee containers are subiect to subsections FWCC 22- 1113(1)-(3). FWCC 22-1113 (5)-(7). and the followine criteria: (a) Containers shall be placed to minimize visibilitv from surroundine streets. pedestrian areas. and properties: and shall not be located between the principal buildine and front property line. (b) Containers shall not be stacked. (c) Containers shall not be refrieerated. or used or desiened to be used for office. sales. or other habitable space. Cd) Containers shall be painted to match adiacent buildine(s) or improvements. (e) No loose material shall be stacked on or near a container unless approved under all applicable provisions of this article. (0 Containers shall be screened in accordance with subsection FWCC 22-1113(3)(b). above. In reviewine proposed scree nine methods. the director will consider the zonine of the site and surroundine properties: location of the container and visibilitv from adiacent streets and properties: existine and proposed landscapine: and the physical condition of the container: provided that containers located on or adioinine a residentially zoned property shall receive 100 - percent sieht obscurine screenine. (e) The director may limit the number and/or size of containers on a site if necessary to minimize visual or operational impacts to the site or surroundine properties. (h) The director may waive or modify the screenine and/or placement criteria ofthis section as necessary to accommodate the storaee of emereency preparedness supplies or other materials related to the public health. safety. and welfare. when used in coni unction with institutional and Quasi-public uses. K:\2008 Code Amendments\Cargo Containers\P1anning Commission\091708 Meeting\Revised Materials\Art 111 changes 9-17-08.doc FWCC Chapter 22, Article X1I1, "Supplementary District Regulations" OSC Amended Code Amendment - September 17, 2008 Page 3 of 3