Planning Comm PKT 06-18-2008
City of Federal Way
PLANNING COMMISSION
June 18, 2008
7:00 p.m.
City Hall
Council Chambers
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
4. AUDIENCE COMMENT
5. ADMINISTRATIVE REPORT
6. COMMISSION BUSINESS
. PUBLIC HEARING
Federal Way Village Rezone Ordinance Amendment
. STUDY SESSION
Code Amendment to Allow Cargo Containers in Commercial and/or
Residential Zones
7. ADDITIONAL BUSINESS
8. AUDIENCE COMMENT
9. ADJOURN
Commissioners
Merle Pfeifer, Chair
William Drake
Wayne Carlson
Sarady Long
Tim 0 'Neil (r 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
www.citvoffederalwav.com
K:\Planning Commission\2008lAgenda 06-18-08.doc
MEMORANDUM
June 4, 2008
To:
Merle Pfeifer, Chair, Federal Way Planning Commission
FROM:
Greg Fewins, Director of Community Development Services
Isaac Coni en, Planning Manager
Janet Shull, AICP, Senior Planner
SUBJECT:
Request to Amend the Rezone Conditions for Federal Way Village (aka Kitts Corner)-
Federal Way Files: 08-102234-00-UP, 05-101205-00-UP, & 05-101207-00-SE
MEETING DATE: June 18,2008
I. BACKGROUND
The Federal Way Village project is a proposed mixed-use development located at the southwest
comer of the intersection of Pacific Highway South and South 336th Street. The project site is
approximately 45 acres in size. The eastern half of the site, adjacent to Pacific Highway South, is
designated Community Business (Be) and a mixed-use commercial, office, and residential
development is proposed for this area. The western half of the site is designated Multifamily
Residential (RM 2400) and a 95-10t, zero-lot line townhouse development is proposed for this
portion ofthe site.
The Federal Way Village (originally known as Kitts Corner) rezone request was originally
submitted in April 1999. It was reviewed as part of the 2001 Comprehensive Plan Amendments.
In November 2001, the LUTC gave direction that a development agreement be prepared for the
site. In September 2004, the applicant submitted an application for approval of a development
agreement and associated plan. In March 2005, the City initiated a legislative comprehensive plan
amendment and conditional rezone for the Kitts Comer site. The comprehensive plan amendment
and conditional rezone were approved per Ordinance 05-490 on June 7, 2005, which outlined the
conditions of approval (Exhibit .1).
On June 19,2007, Ordinance 07-556 was adopted which amended certain conditions of
Ordinance 05-490 pertaining to commercial development within the BC-zoned portion of the
overall site (Exhibit 2).
On February 16,2008, the City of Federal Way SEPA Responsible Official issued a Mitigated
Determination of Significance (MDNS) for the Federal Way Village Project.
On April30, 2008, the City of Federal Way Hearing Examiner issued a recommendation of
approval with conditions for a Process IV request for filling of two small wetlands and buffer
averaging for two wetlands on the subject site.
On April 30, 2008, the City of Federal Way Hearing Examiner issued a Recommendation of .
Approval with Conditions for the Federal Way Village Preliminary Plat. At the time of this
writing, the preliminary plat is scheduled for the June 17,2008, City Council meeting.
On May 5, 2008, the City of Federal Way received a letter from Jon Potter representing the
Federal Way Village LLC, requesting that the City consider amendments to the conditions
established by Ordinance 05-490, as amended by Ordinance 07-556, to allow for the phased
construction of required public right-of-way serving the overall Federal Way Village development.
II. SUMMARY
File Number: 08-102234-00-AD
Parcel Numbers, Owners, & Acreage:
Table I
Number Parcel No. Owner Acres
1 202104-9069 Kitts Comer LLC 1.03 acres
2 202104-9070 Campus Gateway Associates 21.79 acres
3 202104-9001 Jean Merlino 8.87 acres
4 202104-9090 Curtis & Elizabeth Nelson 0.52 acres
5 202104-9086 Horan R/E Investments Inc. 0.17 acres
6 202104-9080 Ralph Jones 1.5 acres
7 202104-9072 Chase WJ Trust 7.75 acres
8 202104-9004 Wayne B. Knight 4.44 acres
TOTAL 44.57 acres
Location:
South of South 336th Street and west of Pacific Highway South.
Size:
The overall site is 44.57 acres in size.
Applicant:
Jon Potter, representing Federal Way Village, LLC
Request:
To amend rezone conditions contained in Ordinance 07-556 (amending
Ordinance 05-490) to allow for phased construction of required public right-of-
way within the Federal Way Village site.
Comprehensive
Plan: Community Business and Multifamily Residential
Existing
Zoning:
Community Business (Be) and Multifamily Residential (RM 2400, minimum
2400 square feet lot area per unit) with conditions as outlined in Ordinance 05-
490 and as amended by Ordinance 07-556.
III. REASON FOR THE REQUEST
As stated in the May 5, 2008, correspondence from the applicant, Jon Potter, amending conditions
related to required roadways of Ordinance 05-490 (amended by Ordinance 07-556) would allow
for the phasing of the infrastructure commensurate with the phasing of the townhouse and mixed
Request to Amend Rezone Conditions for Federal Way Village
Planning Commission Memorandum
File #08-102234-00-UP I Doc. I.D. 45524
Page 2
use commercial development. As requested, the amendment would provide for greater flexibility
in buildout of the site and response to changing real estate market conditions. The overall internal
roadway requirements are not changed by the request, only the timing of construction.
IV. REASON FOR PLANNING COMMISSION ACTION
Federal Way City Code (FWCC) Chapter 22, Article IX, "Process VI Review," establishes a
process and criteria for approving and amending legislative rezones. Consistent with Process VI
review, the role ofthe Planning Commission is as follows:
1. To review and evaluate the request for amendments to the conditions of approval
of the legislative rezone;
2. To determine whether the proposed amendments meet the criteria provided by
FWCC Section 22-525; and,
3. To forward a recommendation to the City Council regarding adoption of the
proposed amendments.
V. PROCEDURAL SUMMARY
June 18, 2008 Planning Commission Public Hearing
July 7, 2008 Land Use Transportation Committee (LUTC) Public Meeting
July 15,2008 City Council First Reading of Ordinance
August 5, 2008 City Council Second Reading of Ordinance
VI. SITE CHARACTERISTICS
1. Neighborhood Characteristics
The site is presently vacant, except for parcel 202014-9086 on which Horan Realty (a real
estate office building) is located and parcel 202104-9090 (Nelson) on which an automotive
business is operated. In addition, a City-controlled regional detention pond (South 336th
Regional Stormwater Facility) is located on the western portion ofparce1202104-9004
(Knight). Uses to the north across South 336th Street are a mix of retail, office, church, and
restaurants. To the south is vacant land. To the east across Pacific Highway South, moving
from north to south, are small retail establishments, vacant property, a bank, Pacifica Park
Office Building, and Canopy World. In addition, Walt's Automotive is located on the
triangular piece of property between Pacific Highway South and 16th Avenue South. To the
west, moving from north to south, are Mitchell Place (a senior housing development) and
industrial uses, including Frito Lay.
Request to Amend Rezone Conditions for Federal Way Village
Planning Commission Memorandum
File #08-102234-00-UP / Doc. J.D. 45524
Page 3
2. Availability of Utilities
Sanitary Sewer: Located within the Lakehaven Utility District. Sewer facilities will need to
be extended to serve the site. There is adequate sewer capacity at this time.
Public Water:
Located within the Lakehaven Utility District. Water facilities will need to
be extended to serve the site. There is adequate water capacity at this time.
Storm Drainage: Site is located in the West Hylebos Creek Sub-Basin. Development on the site
will be permitted to tie into the South 336th Regional Stormwater Facility.
3. Availability of Public Services
Police: Provided by City of Federal Way
Schools: Provided by Federal Way School District
Fire/Emergency Medical: Provided by South King Fire and Rescue
4. Critical Areas
A Class II Wetland is located on the west central portions ofparce1202104-9070 (Campus
Gateway) and parce1202104-9001 (Merlino), and on the northern portion ofparce1202104-
9072 (Chase NW Trust). A branch of the Hylebos Stream flows southwards through the
wetlands. Class II Wetlands have 100-foot setbacks. The on-site stream also has a 100-foot
buffer. The stream buffer is either contained within the existing wetland buffers or flows
through the regional detention pond located on the western portion of parcel 202104-9004
(Knight). There are also two smaller wetlands located on the Campus Gateway and Merlino
parcels. The City entered into a June 17, 1996, Settlement Agreement and Covenant with the
property owners that stated that once all permit fees were paid and the development
application was in compliance with all applicable laws and codes, these smaller parcels could
be filled because mitigation for their filling was already built into the mitigation plan for the
overall project and construction of the South 336th Regional Stormwater Detention Facility.
The applicant has been granted Process IV Hearing Examiner Approval (April 30, 2008,
Hearing Examiner Decision) for the filling of Wetlands 3 and 4 and for buffer averaging of
Wetlands 1 and 2 to accommodate infrastructure, lot development, and open space trail
network associated with the Federal Way Village project.
5. Drainage
The site is located in the West Hylebos Creek Sub-Basin. Since more than 5,000 square feet
of impervious surfaces would be created with development of the site, surface water runoff
and treatment would be required per the 1998 King County Surface Water Design Manual
(KCSWDM), the Federal Way Addendum to the KCSWD, and any conditions stipulated in
the settlement agreement and covenant entered into between the City and the property
owners. The site falls within a Levell Flow Control Area; thus, the applicant must design the
flow control facility to meet these performance criteria.
Request to Amend Rezone Conditions for Federal Way Village
Planning Commission Memorandum
File #08-102234-00-UP I Doc. J.D. 45524
Page 4
6. Access
Proposed access to the site is from South 336th Street, a principal arterial located to the north
of the site, and Pacific Highway South, also a principal arterial, located to the east.
As part of the development of the site, 13th Place South will be extended southward from
South 336th Street through the site and South 340th Street will be extended westward from
Pacific Highway South through the site. An east/west access to the proposed commercial
mixed use portion of the site is also required between South 336th and South 340th Streets. A
north/south roadway (Roadway A) is required to serve the zero-lot line townhouse
development on the eastern half of the site, and this roadway will connect with the South
340th Street extension through the commercial portion of the site to Pacific Highway South.
7. Potential Traffic Impacts
Traffic impacts for the Federal Way Village development were analyzed in the applicant's
Traffic Impact Analysis report and were reviewed by Public Works staff. A Mitigated
Determination of Non significance (MDNS) was issued in February 2008 that establishes
specific conditions of development to address the identified traffic impacts. The conditions of
the MDNS address the potential phasing of right-of-way construction that is being proposed
by the applicant.
VII. PROPOSED AMENDMENTS TO THE REZONE CONDITIONS
The following are those rezone conditions related to construction of public roadways within the
Federal Way Village site. The changes related to the applicant's requested amendments are
shown as strikeout (proposed deletions) and underline (proposed additions) (Exhibit 4).
3. Development of the site shall include design, construction, and dedication of the
following public roadways in accordance with appropriate FWCC street sections:
a. 13th Place South from South 336th Street to the south property line;
b. South 340th Street from Pacific Highway South to the intersection of 13th Place South
extended;
c. A roadway connecting from South 336th Street through the residential area,
connecting to 13th Place South extended.
These public roadways are necessary to serve the proposed development and shall be
constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate
significant adverse environmental impacts may be required as determined through the SEP A
process and will be applied to any proposed project in the future.
a,. Prior to occtJ13aacy of any residential building on the site, South 31 Oth 8treet fr-om
Paoific Higl:PNay South to the iaterseotioR of 13th Plaoe South extended, aRd the roaa-',yay within
the residemial area ooooeoting to South 33()th Street, shall be oonstrueted to meet all applicable
standards. Traffic calming devices suoh as speed humps, speed tables, traffic ciroles, chicanes,
curb extensions, signs, pavemeat markiRgs, or other calming de'/ices as appreved BY the Public
Works Director shall be incorporated within. the residential roadway. Sigaal medificatioas at
Pacific Highway South and South 31 Olit Street intersection may be FeEJHired to provide safe
aooess.
Request to Amend Rezone Conditions for Federal Way Village
Planning Commission Memorandum
File #08-102234-00-UP / Doc.l.O. 45524
Page 5
l\ltematively, the deyelo}3er may eonstruct the extension of 13lh Place South Hem
Somh 336lh Street to its intersectioH with the proposed resideHtial road as a traffic circle. This
'.volild elimiaate the need for the cOHstruction of South 31 Olh Street from Pacific Highway Somh
to the interseetioH of 13lh Place South eKtended, and the segmeHt of 13lh Plaee SOtith between
South 310lh Street and the iaterseetion of the resideatial road,vay (traffic eircle).
a. Prior to occupancy of any residential building on lots 1-34, the segment of Roadway
A from the southern lot line of Lot 34 northward to South 336th Street. as set forth in Exhibit A
attached hereto. shall be constructed to meet all applicable standards. including a temporary cul-
de-sac if necessary. Traffic calming devices such as speed humps. speed tables. traffic circles.
chicanes. curb extensions. signs. pavement markings. or other calming devices as approved by the
Public Works Director shall be incorporated within the residential roadway.
b. Prior to occtipaney of aay commercial building, 13lh Place South from South 336lh
Street to the south property line, ami S0tith 310lh Street from Paeific Highway South to the
intersection of 13lh Place South extended, shall be eonstrueted to all applicable standards. A aev+,
traffie signal (South 336lh Street & 13lh Place South) and/or sigaal modifications (Pacifie
Higkway South & South 310lh Street) may be required as determined through the SEPf. process.
b. Prior to occupancy of any residential building on lots 35-95. South 340th Street from
Pacific Highway South to the intersection of 13th Place South extended. and Road C from the
intersection of 13th Place South extended westward to the intersection with Road. A. as set forth
in Exhibit B attached hereto. shall be constructed to meet all applicable standards. In addition. the
segment of Road A from the southern lot line of Lot 34 southward to the intersection with Road
B. as set forth in Exhibit B attached hereto. shall be constructed to meet all applicable standards.
including a temporary cul-de-sac if necessary. Traffic calming devices such as speed humps.
speed tables. traffic circles. chicanes. curb extensions. signs. pavement markings. or other
calming devices as approved by the Public Works Director shall be incorporated within the
residential roadways. Signal modifications at Pacific Highway South and South 340th Street
intersection shall be required to provide safe access.
c. The Public Works Director shall review and approve the construction phasing for the
required street infrastructure associated with the commercial phase of development.
Improvements required include: 13th Place South from South 336th Street to the south property
line; South 340th Street from Pacific Highway to the intersection of 13th Place South extended (to
all applicable standards); and modifications to the signal at the intersection of South 340th Street
and Pacific Highway South (SR 99).
VIII. STAFF ANALYSIS AND FINDINGS
1. The proposed amendments to the conditions outlined in Ordinance 07-556 (amending
Ordinance 05-490) relating to required roadway construction would affect the phasing of
construction only. The proposed amendments will not result in changes to the design or
overall buildout of the required public roadway network.
2. Adoption of the proposed amendments to Ordinance 07-556 will permit development of the
master plan in phases, which will allow the applicant to better respond to changes in local real
estate market conditions.
Request to Amend Rezone Conditions for Federal Way Village
Planning Commission Memorandum
File #08-102234-00-UP I Doc. J.D. 45524
Page 6
3. The intent of the original rezone conditions as outlined in Ordinance 05-490 was to develop
an internal roadway network that would be adequate to serve the anticipated buildout of the
entire site per the proposed master plan. The phasing of construction of the required public
roadway network as proposed by the amendments would still meet the intent of the original
conditions.
IX. COMPLIANCE WITH FWCC SECTION 22-526
Criteria for approving a legislative rezone:
The City may decide to approve a legislative rezone only if it finds that:
(1) The proposal is consistent with the comprehensive plan.
The proposal changes only relate to the phasing of roadway development. The design and
buildout of the required network is consistent with the comprehensive plan transportation
element.
(2) The proposed amendment bears a substantial relationship to public health, safety, or
welfare.
The proposed amendments bear a substantial relationship to public health, safety, or welfare
because they comply with the vision of the comprehensive plan by:
· Being more responsive to fluctuating real estate market conditions by
allowing construction of the master plan in a series of more economically-
feasible phases where infrastructure costs of the project can be spread out
more equitably. Without the proposed amendment, the first phases of
development will need to support the majority of the roadway construction
costs for the overall project.
(3) The proposed amendment is in the best interest of the residents of the city.
The proposed amendments are in the best interest of the residents of the City because they
comply with the following comprehensive plan goal and policy by proposing commercial/
residential mixed-use development in a village setting:
LUG6 Transform Community Business areas into vital, attractive, mixed-use areas that
appeal to pedestrians and motorists and enhance the community's image.
LUP39 Encourage transformation of Pacific Highway (SR-99) Community Business
corridor into a quality mixed-use retail area. Retail development along the corridor,
exclusive ofthe City Center, should be designed to integrate auto, pedestrian, and transit
circulation. Integration of public amenities and open space into retail and office
development should also be encouraged.
Request to Amend Rezone Conditions for Federal Way Village
Planning Commission Memorandum
File #08-102234-00-UP I Doc. I.D. 45524
Page 7
X. STAFF RECOMMENDATION
Staff recommends approval of the amendments to the conditions of the legislative rezone as
requested by the applicant and shown in Exhibit 4 and Section VII of this staff report.
XI. PLANNING COMMISSION ACTION
Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the
following actions regarding the proposed amendments to the conditions of the legislative rezone:
1 Recommend to City Council adoption of the 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 amendments and recommend to City Council adoption of the
amendment as modified.
LIST OF EXHIBITS
Exhibit I
Exhibit 2
Exhibit 3
Exhibit 4
Adopted Ordinance 05-490
Adopted Ordinance 07-556, which Amended Ordinance 05-490
May 5, 2008, Correspondence from Jon Potter
Draft Ordinance with Applicant's Requested Amendments
Request to Amend Rezone Conditions for Federal Way Village
Planning Commission Memorandum
File #08-102234-00-UP / Doc. I.D. 45524
Page 8
ORDINANCE NO. 05490
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S GROWTH
MANAGEMENT ACT COMPREHENSIVE PLAN, APPROVING A CHANGE IN
COMPREHENSIVE PLAN DESIGNATION AND ZONING OF APPROXIMA TEL Y
46 ACRES LOCATED SOUTH OF SOUm336THSTREET AND WEST OF PACIFIC
HIGHWAY SOUTH FROM BUSINESS PARK (BP) TO COMMUNITY BUSINESS
(BC) ANI> MULTI.FAMILY (RM 2400), BASED ON SPECIFIC CONDITIONS
(AMENDING ORDINANCE NO'S. 9043,95.248,96-270,98-330,00-372,01-405,03-
442,04-460,04-461,04.462).
WHEREAS, the Growth Management Act of 1990, as amcnded, (Chapter 36.70A RCW or "GMA")
requircs the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a
land use map), housing element, capital Facilities plan element, utilities element, and transportation clement
(including transportation system map[s]); and
WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations
implementing its comprehensive plan; and
WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the
"Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the
Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on
December 23, 1998, September 14,2000, November I, 2001, March 27, 20m, and July 20, 2004; and
WHEREAS, the City may consider Plan and development regulation amendments pursuant to Article
IX, Chapter 22 of the Federal Way City Code (FWCC); and
WHEREAS, under RCW 36. 70A.130, the Plan and dcvelopmcnt regulations are subject to continuing
review and evaluation, but the Plan may be amended no more than one time per year; and
WHEREAS, the Council shall be considering three separate actions to amend the comprehensive plan,
all of which will be acted upon simultaneously in order to comply with RCW 36. 70A.130; and
WHEREAS, these actions include Ordinance No. 05-492, amendments to Chapter 5. "Housing," of the
Federal Way Comprehensive Plan; and
ORD #05-490. P^GE I
ORI GINAL
WHEREAS, these actionl; include Ordinance No. 05-491. approving a change in comprehensive plan
designation and zoning of 4.03 acres located north of South 312111 Street and east of 1.1 A vcnue South from
Protel;sional Office (PO) to Neighborhood Business (BN), based on specitic conditions as contained in
Ordinance No. 05-491; and
WHEREAS, these actions include Ordinance No. 05-490, approving a change in comprehensivc plan
designation and zoning of approx.imately 46 acres located south of South 336th Street and west of Pacific
Highway South from Business Park (BP) to Community Business (BC) and Multi-Family (RM 24(0), based
on specific conditions as contained in Ordinance No. 05-490; and
WHEREAS, as a result of this action, approximately 19 acres east of a dividing line would he designated
Community Business (BC) and approximately 27 acres west of a dividing line would be designated Multi-
Family (RM 2400); the dividing line described a':i a line extending southwards from the South 336'h Street
right-of-way, said line which follows the eastern buffer of Wetland NO.2 as shown in the Settlement
Agreement and Covenant recorded under Recording No. 9704211043 to a point approximately 351 feet north
of the south property line of Parcel No. 202104-9004. at which point said line follows the middle of the I3lh
Place South extended right-of-way to the south property line of Parcel No. 202104-9004; and
WHEREAS, in April 1999, the City of Fcderal Way accepted a request from tour property owners
(Campus Gateway, Merlino. Chase WN Trust. and Wright) to change the comprehensive plan and zoning of
approximately 42 acres located south of South 336u, Street and west of Pacific Highway South. thereafter
known as the Kitts Comer request; and
WHEREAS, in June 1999, the City Council determincd that the request should be analyzed further and
added the Kitts Corner LLC, Nelson, Carson. Jones, and Slisco parcels to the Campus Gateway, Merlino,
Chase WN Trust, and Wright properties for a total of 46.12 acres; and
WHEREAS. in July 2001. the City's SEPA Responsible Official issued a Detennination of
Nonsignifk:ance on the 2001 comprehensive plan amendment", which included Kitts Cornel'; and
ORD #05-490, PAGE 2
WHEREAS, in August 200 I, the applicant withdrew the request for a Multi-Family comprehensive plan
designation and RM zoning for the area west of the on-site wetland (Wetland No.2 as shown in the Settlement
Agreement and Covenant recorded under Recording No. 9704211(43); and
WHEREAS. in September 2001, the applicant submitted a new application for a comprehensive plan
designation of Multi-Family and zoning of RM 2400 for the area west of Wetland No.2; and
WHEREAS, in November 200 I, the City of Federal Way's Land UseITransportation Committee gave
direction that a development agreement and development plan be prepared for Kitts Corner. ea'.lt or Wetland
No.2; and
WHEREAS, Ifi March 2003, per Ordinance No. 03-442. the City of Federal Way adopted a
comprehensive plan designation and zoning of Multi-Family and RM 2400 for the area west of Wetland No.2,
based on it being included in the overall Kitts Comcr development agreement and development plan; and
WHEREAS. in September 2004, the applicant submitted an application for approval of a development
agreement and development plan for Kitts Corner; and
WHEREAS. in March 2005. a SEPA Addendum was issued for Kitts Corner; and
WHEREAS. in March 2005. the City informed the applicant that they were initiating a legislative
comprehensive plan amendment and conditional rezone; and
WHEREAS, the proposed Kitts Corner legislative comprehensive plan amendments and conditional
rezone address all of the goals and requirements set fOlth in tIle GMA; and
WHEREAS. the City of Federal Way, through its staff, Planning Commission, City Council
committees. and full City Council has received. discussed, and considered the testimony. written comments.
and material from the public, as follows:
I. On September 19,200 l. the City's Planning Commission considered the Kitts Corner request for
a comprehensive plan designation of Community Business and zoning of BC, based on a
development agreement for the area east of Wetland No.2;
ORD #05-490, PAGE 3
2. On November 0 and November 20,2002, the City's Planning Conuuission considered the Kilts
Comer request for a comprehensive plan designation of Multi-Farnily and zoning of RM 2400 for
the area wcst of Wetland No.2, based on its inclusion in the development agreement and
development plan to be prepared for the site;
3. On May 2, 2005, the Land Uscffransportation Committee of the Federal Way City Council
considered the request to change the comprehensive plan dcsignation and zoning of approximately
46 acres located south of South 336m Street and west of Pacific Highway South from Business
Park (BP) to Conununity Business (BC) and Multi-Family (RM 2400), with approximately 18
acres located east of the 13m Place South extended right-of-way to be designated Community
Business (BC) and approximately 28 acres located west of the 13th Place South extended right-of-
way to be designated Multi-Family (RM 2400), based on conditions recommended by staff.
fOllowing which it recommended adoption of the slaff recommendations;
4. On May J 7. 200S, the full City Council considered the request to change the comprehensive plan
designation and zoning of approximately 46 acres located south of South 336th Street and west of
Pacitic Highway South from Business Park (BP) to Community Business (BC) and Multi-Family
(RM 24(0). At that time based on a request by the applicant, the Council considered a modified
request to allow approximately 19 acres I~cated east of a line extending southwards from Ihe
South 336(h Street right-of-way, said line following the eastern buffer of Wetland No.2 as shown
in the Settlement Agreement and Covenant recorded under Recording No. 9704211043 to a point
approximately 351 feet north of the south property line of Parcel No. 202104-9004, at which point
said line follows the middle of the 13111 Place South extended right-of-way to the south property
line of Parcel No. 202104-9004 to be desi!,'tlatcd Community Business (Be) and approximately 27
acres located west of this line to be designated Multi-Family (RM 2400); and
5. On June 7,2005, the full City Council again considered the matter at its meeting; and
WHEREAS, the City Council desires to approve the change in comprehensive plan designation and
zoning of approximately 46 acres located south of South 336th Street and west of Pacific Highway South from
Business Park (BP) to Community Business (Be) and Multi-Family (RM 2400), based on spccilic conditions
as contained in Section 2 of this ordinance.
Now, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as
follows:
Ow #05-490. PAGE 4
Section I. Findingl>.
A. Thc proposed amendments to the comprehensive plan map, as set forth in Exhibit A attached
hereto, to change the comprehensive plan designation and zoning of approximately 46 acres located south of
South 336'h Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC)
and Multi-Family (RM 2400), based on conditions of approval sct forth in Section 2 below will allow
development of the site in response to market conditions and the Council's vision tor development of the site,
whilc providing lor transportation facilities to serve the site and improving circulation in the vicinity, and
thercfore bears a substantial relationship to public health, safety. and welfare; are in the best interest of the
residents of the City; and arc consistent with the requirements of RCW 36.70A, the King County Countywide
Planning Policies, and the unamended portion of the Plan.
B. The proposed amendments to the comprehensive plan map. ao; l>ct forth in Exhihit A attached
hereto, are compatible with adjacent land uses and will not negatively affcct open llpace, streams, lakes. or
wetlands. or the physical environment in general. They will allow for growth and development consistent with
the Plan's overall vision and with the Plan's land use element household and job projections, and will allow
reasonable use of property subject to constraints necessary to protect environmentally sensitive areas. They
therefore hear a substalltial relationship to public health. safety. and welfare; are in the best interest of the
re~idents of the City; and are consistent with the requirements of RCW J6.70A, the King County Coulltywide
Planning Policies. and the unamended portion of the Plan.
e. The proposed amendments to the Zoning Map, set forth in Exhibit B attached hereto. arc
consistent with the applicable provisions of the comprehensive plan and tbe comprehensive plan land use map
proposed to be amended in Section J helow. bear a substantial relation to public health, safety. and welfare.
and are in the be~t interest of the residents of the City.
Section 2. Conditions of Ao{)roval. The request to change the comprehensive plan designation and
zoning of approximately 46 acrcs located south of South J36'h Street and west of Pacific Highway South from
ORD #05-490, PACE 5
Business Park (Bi>) to Community Business (BC) and Multi-Family (RM 2400), with approximatcly 19 acres
to be designated Community Business (Be) and approximately 27 acres to be designated Multi-Family (RM
24(0), shall be approved based on the following conditions:
1. Prior to construction of any new buildings, a single Master Plan for the entire Multi-
Family (RM 2400) and Community Busin~s (BC) zoned site shall be submitted to and approved by the City.
Application for critical area intrusions as applicable is also required in conjunction with master plan review. A
project action State Environmental Policy Act (SEPA) rcvicw shall also be conducted in conjunction with
master plan and critical area review. Subsequent to Master Plan approval, building design and minor
modifications to the site plan shall be reviewed via a Process n, Site Plan Review. For the purposcs of the
Master Plan, the subject site is comprised of the following parcels: 202104-9069, 202104-9070, 202104-900 I,
202104-9090,202104-9086,202104-9080,202104-9072, and 202104-9004.
2. The Ma~ter Plan shall be developed with a cohesive and inregraled design that
promotes the following:
a. Pedestrian scale. and pedestrian orientation and massing of buildings.
b. Site-wide pedestrian connectivity.
c. Building massing shall be designed to avoid large expanses of parking area,> adjacent
to and/or visible from the public right-of-ways. On-site parking shall not be allowed between buildings and
public right-of-ways. except the Director of Community Development Services may approve one double-
loaded parking row between a building and right-of-way due to extenuating circumstances.
d. The appearance of strip commercial development shall be minimizcd by breaking
large linear buildings into numerous smaller buildings.
e. The commercial portion of the site may include a maximum of two primary anchor
buildings. The individual anchor buildings are permittcd a max.imum 50,000 square feet of building footprint,
and the total gross floor area of all anchors shall not exceed lOO,OOO square feet of gross tlooe area. Anchor
facadcs shall not excccd a width to depth ratio of 1.5: I.
f. Non-anchor buildings should not exceed 10,000 square feet of building footprint. The
Director of Community Development Services may approve a maximum of two. non-anchor buildings ill
excess of 10,000 square feet of building footprint, up to a maximum of 211,O{)() square feet of huilding
footprint each, when the applicant demonstrates the following:
(i) The additional square footage is necessary to accommodate the needs of a specific
tenant.
ORD #05-490, P^GE (,
(ii) The facades of the structure include significant structural modulation equal to at least
ten percent of the length of the subject t~l.(;ade.
(iii) The overall design of the building is consistem with the pedestrian scale and integrated
design of the overall site.
(iv) Non-anchor facades shall not exceed a width to depth ratio of 2: L
g. Primary commercial building entries shall be clearly visible and recognizable from the
public right-of-ways; or active building facadcs, including windows and pedestrian scale design amenities such
as screening. plazas, or art features such as trellises, artwork, murals, landscaping. or combinationli thereof:
shall be required fronting the right-of-way.
h. On-street parallel parking is encouraged where feac;ible.
1. A minimum of five percent of the gross land area of the commercial portion of the site
shall be pedestrian-oriented open space. There shall be one primary pedestrian gathering focal point, and
additional supporting pedestrian-oriented gathering locations distributed proportionally throughout the
conunercial portion of the site. Open space areas and plazas shall include seating, landscaping, art,
ornamentation. pedestrian scale lighting, water features, and outdoor dining.
J. Vehicular liervice stations arc not permitted. fuel pump stations are only permitted
when accessory to an anchor tenant. Any approved fuel pump station !ihall not be oriented to the public right-
of-way, and shall not exceed two fuel islands with a total of up tu eight vehicular fueling positions.
3. Development of the site shall include design. construction, and dedication of the
following public roadway!> in accordance with appropriate FWCC street sections:
a. 13th Place South from South 336'h Street to the south propelty line;
b. South 340tll Street from Pacific Highway SOllth to the intersection of 13th Place South
extended;
c. A roadway connecting from South 336th Street through the residential area, connecting
to 13'h Place South extended.
These public roadways arc necessary to serve the proposed development and shall be
constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate significant
adverse environmental impacts may be required as determined through the SEPA proces1i and will be applied
to any proposed project ill the future.
a. Prior to occupancy of any residential building on the site. South 340'11 Street from
Pacitic Highway South to the intersection of 131h Place SOllth extended. and the roadway within the residential
area connecting to South 336'11 Street, shall be constructed to meet all applicable standard.s. Traffic calming
ORt> #05-490, PAOL 7
,-
devices such as speed humps. speed tables. traffic circles. chicanes, curb extensions, signs, pavement markings.
or omer calming devices as approved by the Public Works Director shall be incorporated within the residentiul
roadway. Signal modifications at Pacific Highway South and South 340rh Street intersection may be required to
provide safe access.
Alternatively, me developer may construct the extension of 13th Place Soum from South 336d'
Street to its intersection with the proposed residential road as a traffic circle. This would eliminate the need for
the construction of South 3401h Street from Pacitic Highway South to the intersection of 13th Place South
extended, and the segment of 13th Place Soum bet ween Soum 340lh Stn.-et and the intersection of the residential
roadway (tranic circle).
b. Prior to occupancy of any commercial building, 13th Place South from South 336'1>
Street to the south property line, and South 340th Street from Pacific Highway South to the intersection of 131h
Place South extended, shall be constructed to all applicable standards. A new traffic signal (South 336d. Street
& 13th Place South) and/or signal modifications (pacitie Highway South & South 340th Street) may be required
as determined through the SEPA process.
4. All new public street,> shall include tranic calming features.
5. Uses other man multi-unit housing and day care facilities mat are othcrwise permitted
in the RM zone are not allowed.
6. The multi-family portion of the site, west of Wetland No.2, shall be accessed from
one location along South 336'11 Street and shall include a public roadway connecting through the residential
area. across the existing berm of Wetland No.2, and connecting to 13th Place South extended.
7. No morc than one anchor building. or a maximum of 75,000 square feet of
commercial building area, may receive a Certificate of Occupancy on the site without the prior consu'uction or
a minimum of 75 residential units.
8. The re:,;idential area shall be designed to minimize reception of potential noise impacts
from adjacent nonresidential uses.
Section 3. Comprehensive Plan Amendments Adoption. The 1995 City of Federal Way
Comprehensive Plan, as thereafter amended in 1998, 2000. 200 I. 2003. and 20(}4, copies of which are on file
with the Office of the City Clerk, hereby arc and shall be amended as set forth in Exhibit A attached hereto.
Section 4. Amendment Authority. The adoption of Plan amendments in Section 3 above is pursuant
to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to FWCC Section 22-54J.
ORD #05-490. PAGE H
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinanee, or the invalidity
of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the
ordinance, or the validity of its application to other persons or circumstances.
Section 6. Savin~ Clause. The /995 City of Federal Way Comprehensive Plan, as thereafter
amended in 1998,2000,2001,2003, and 2004 shall remain ip force and effect untihhe amendments thereto
become operative upon the effective date of this ordinance.
Section 7. Ratification. Any act consistent with the authority and prior to the effective date o{this
ordin~ce is hereby ratified and affirmed.
Section 8. Effective Date. This ordinance shall take effect and be in force five (5) days from and after
its passage, approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
June ,2005.
7th
day of
.OlY. rWAY
L/: ~~
Mayor, Dean McColgan .
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
~~
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: .
EFfECfIVE DATE:
ORDINANCE No:
5/31/2005
6/7 /2005
6/11/2005
6/16/2005
05-490
1:\2004 Comprehensive Plan\2004 Update\City Council\2nd Reading of Ordinancc\Kitls Comer Adoption Ordinance.docI5131nooS 3:3 I PM
ORD # 05-490 . PAGE 9
EXHIBIT A
TO
ADOPTION ORDINANCE
fa'
==
'!
CD
i
u.
"Og>
~'2
.- 0
ON
.;..;
(J)
CD
;:]
O'~
Q) C
CD II: ~
~oo
(/):0::0
"'=too '"
00>-
o o..:!::
C\I (/) ~
:>.
j'Gi r;;
i: :a5i i
c.. 0 ....
CII.
\;,....:I:J
/1E1 r:J
~II
Ct> '.'
:"'0,: --
,;:l> i, ~
'E ~ 1:
I ::;] Q) Q)
E_!'!~_,
. ..'
",'
~~
.~
IOO
s;
CD
~
::s
en
~
o
co
en
en
~
II>
2' ~
~ .!!
-g ~ ~
JD~
CD
<:::l ~
~~~
~~~
tt.- 0
E'tI~~
.g 53 U Q"c
CDO,Q'tICb
t::lX)ts~;X
2.e.~ec
CD 0.. .Q R- 0
~lX)~Cf~
-. 1''''
..
!!' ,.':
o. ...
:;:::'"
","w
"8
te..
1-;'
~~
(,.)2
:; l&
II
1+ . t Sf:
::
::...
... ...
....
...
...
...
:
...
;.
;.:
~
...
..
.;
~
-
'J
CD
.. ~s
~ c.. 15
, 15 E
"'L ~ t::
r:--:;.;:;;1I () ell
I\W~ i ~
II
is
..
.
.
: "2
E
.'0
a..
=
I
!
I
i
. !i^YIUI
'~'
\ ;
, \ :;'.;'~i-.
\ ) u r-:]
i
~IL
::
'"
!g
r~
gi
:i
II
Ii
.R ...
f!
~~
o
10
N
'~
~
~
W
:~
.-
li,.g;
OdJ
h.L.
~
"''t
o
a..
CD
Co)
a:I
~
,
r:: '.5 9
Q)~ ~~iii.
:5ea ~,c:e'tl.
eQ)'E-1;;.!5i8
,g1!..'E!~a1~Cf
-~8....~...
lIlg!iaGl"'O .0
"EGlPD:ol!Cl(/)N
~~(/)1li:;;~a::~
:5 tl'gl'>Cl,c.
::>-5-5::> "'...eo; 0 .
ii.s...!~-Z .
g>-I~EO~jI!
.-Q) o'RZ-Iii.:
~~ ~e-oe:
~:2=;;8:~~o
Q):lNlial~:2!
.. r::t:! Eo::
~jo!'i5~.~
1lI9%QQ.u:5.
.!!!;;i~lG:!!~Q.
~!I! ea c 51 >-= ~
llIE::;-...'!:.$!
1! Cii ~ -~! g.~ ~
::J.c~ ~""::IiO
.8 - 0 ~ Q._ WI
lIl~.21Sl~:5;!!l
._C')~_o:J".
j!: u)..o!tl>> ~ &.S
. EXHIBIT B
TO
ADOPTION ORDINANCE
....- ."
I
-. !
~~
;:a..
"ig?
... .-
m rn
"DC
m 0>
u..s::
-0>
00..
~E
._ 0
00
.
!
i
I
S A,y,H ;)1-11.')""
~
rn
Q)
::3 ...
g~
Q) II: ...
;t::: 0 00
oo:+::,
g'~ J!J
oc.~
C\I en ~
: r
.:!If
-
d: ;
CD ~' !DC"":
.I! ia
:: a}~
o
...
-II' -.
S;,l
. I N
=....
Cii:.i
CD 0
:r (I)
S'IYHIIo
f
:J
en
j ~
Il. 0
,~ ~
~ ~
III
~ ~
E ~
~ <3 ~
tD~
..J ~
EJI
S AMH Ol:ll:)\frf
Ii}
Ii} ~
.~ ~ g
~!l U:flilV
~ CXl ~:;!: t:: .S
.~ r~~i~
1i}..,;t:'l:)C::'"
.! ~ ~ ~ 8 ~~
eEO!&~j...,.
l:l.."ESCIlClOlj')
e !I!..:c'i'~~~
-Q E .. ::J.Q i;t,S)
P'C(tfcn~'C(~
~
!=
... .-
~ ..
>I"~ ,-
-E a .Ii e .... ~
i'11lil)
a III Ii ~
:;...
- ..
.......
~...
./.. .ISt
..
i I !
i I I
ar
I~ - 'I
I .~ ~I !
fj I a~. I
~
.. ~
~ if
EiJ. f
.; r--~.~
III I --.I~:
'?_ I. . I .. .
~;;;.",.' "0 .'.I~.~
~l 1~~.....~..:~~11 c.:~
. i
. _ .f It... If.I6
<::1z
o ~ ~~t
~ .;:
~.
~ CD
N
o
.II:
-
l!.
I
CD
I:
-;;,
&I
~..
.- ..
c: .
= c: '.
J~""I
I
~
E ~..! ~ .
II> -.c;
~i ~.lli.
ElI>c:~€l'2~
oll>cpEO'lii~~
~:6EOC: -'"
j.._~..
-E; ~Joui~
;~ lD~'{'ii:lill
.<:......'2M~.<: .
'Sti= =2:-.....~! '
~j.5'i~~;-1
c-i~Eci=~
'6~.28's:cz'O~
C:=..ee-.
~:2ID_Q.~'6'01
cplllftllii-llIll!
II> Nc:_lLE_
';;~ol2.50Cl>'l
a; oZ <5 &'.=1:: !
",.!..'Co...E;=11
-....c~ -e.O'
- i'" CD.5! c S ~'iii 15.1
ilil!!])llIC')cpol:-",.
'C H..,.. -... 0..=..
c-W">l;ou;;:;!
-'.c- 'II"""....~g
(') co 0 ~ ,- u.... VI
QC')lPl!!~=::CI)
!!lC')~ U~.!.=
~rna~S;l;lg,,g
ORDINANCE NO. 07. c:;<; ~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, ADOPTING AMENDMENTS TO ORDINANCE 05-490
RELATING TO THE CONDITIONS OF ZONING APPROVAL FOR KITTS
CORNER (AMENDING ORDINANCE NO'S. 90-43, 95-248, 96-270, 98-330,00-
372,01-405,03-442,04-460,04-461,04-462,05-490, 05-491, 05-492).
WHEREAS, the Growth Management Act of 1990, as amended, (Chapter 36.70A RCW or "GMA")
requires the City of Federal Way to adopt a comprehensive plan which includes a land use element (including
a land use ~p), housing element, capital facilities plan element, utilities element, economic development
element, and transportation element (including transportation system map[s]); and
WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations
implementing its comprehensive plan; and
WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the
"Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the
Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on
December 23, 1998, September 14,2000, November 1,2001, March 27,2003, July 20,2004 and June 16,
2005; and
WHEREAS, Ordinance No. 05-490 approved a change in comprehensive plan designation and zoning
of approximately 46 acres located south of South 336lh Street and west of Pacific Highway South from
Business Park (BP) to Community Business (BC) and Multi-Family (RM 2400), based on specific conditions
as contained in said ordinance; and
WHEREAS, as a result of this action, approximately 19 acres east of a dividing line would be designated
Community Business (BC) and approximately 27 acres west of a dividing line would be designated Multi-
. Family (RM 2400); the dividing line described as a line extending southwards from the South 336th Street
right-of-way, said line which follows the eastern buffer of Wetland No.2 as shown in the Settlement
Agreement and Covenant recorded under Recording No. 9704211043 to a point approximately 351 feet north
ORD # 07-~ ,PAGE I
of the south property line of Parcel No. 202104-9004, at which point said line follows the middle of the 131h
Place South extended right-of-way to the south property line of Parcel No. 202104-9004; and
WHEREAS, in March 2007, the City of Federal Way received a request to amend the conditions of
zoning approval of the approximately 19 acres of that portion of site zoned Community Business; and
WHEREAS, in July 2001, the City's SEPA Responsible Official issued a Determination of
Nonsignificance on the 200 I compreheI:lsive plan amendments, which included Kitts Comer; and
WHEREAS, in March 2005, a SEP A Addendum was issued for KiUs Comer now lmown as the Village
at Federal Way; and
WHEREAS, the applicant has submitted an application for a Master Plan for the site; and
WHEREAS, any potential impacts associated with the amendments to the conditions of zoning approval
would be analyzed through the SEP A process for the Master Plan;
WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council committees,
and full City Council has received, discussed, and considered the testimony, written comments, and material
from the public, as follows:
1. On May 2,2007, the City's Planning Commission considered the request for a change in the
conditions of zoning approval for the 19 BC-zoned parcels located east of Wetland No.2;
2. On May 21, 2007, the Land UselTransportation Committee of the Federal Way City Council
considered the request, based on conditions recommended by the Planning Commission,
following which it recommended adoption of the Planning Commission's recommendations with
one amendment to require the anchor facades to not exceed a width to depth ratio of 1.25: I;
3. On June 5, 2007, the full City Council considered the request for a change in the conditions of
zoning approval for the 19 BC-zoned parcels located east of Wetland No.2 at which time it
adopted the Planning Commission's recommendation as amended by the LandlUse Transportation
Committee.;
WHEREAS, the City Council desires to approve the request for a change in the conditions of zoning
approval for the 19 BC-zoned parcels located east of Wetland No.2, based on the amendet;l conditions as
contained in Section 2 of this ordinance.
ORD t# 07-$(,.. . PAGE 2
NOw, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as
follows:
Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way
finds that the proposed amendments to the conditions of zoning approval will protect and will not adversely
affect the public health, safety, or welfare.
Section 2. Conclusions. Pursuant to FWCC Section 22-526, and based upon the Findings set forth in
Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the
decisional criteria for adoption of the amendments to the conditions of zoning approval for the Village at
Federal Way:
A. The proposed amendments, as set forth in Section 3 below, would conform to the conditions of
zoning approval by providing development that is similar in design to that originally envisioned and are
consistent with the comprehensive plan because they will facilitate convenient residentially scaled shopping for
residential areas and housing in the City's commercial areas.
B. The proposed amendments to the conditions of zoning approval, as set forth in Section 3
below, will allow development of the site in response to market conditions and the Council's vision for
development ofthe site, while providing for transportation facilities to serve the site and improving circulation
in the vicinity, and therefore bears a substantial relationship to public health, safety, and welfare and are
consistent with the require~ents of RCW 36.70A, the King County Countywide Planning Policies, and the
Comprehensive Plan.
C. The proposed amendments to the conditions of zoning approval, as set forth in Section 3
below, are in the best interest of the residents of the City because they are consistent with, and substantially
implement, t~e following comprehensive plan goal and policy by allowing development of the site as a
commerciaV residential mixed-use development in a village setting:
LUG6 Transform Community Business areas into vital, attractive, mixed-use areas that
appeal to pedestrians and motorists and enhance the community's image.
ORD II U7-ss (p ,PAGE 3
LUP39 Encourage transformation of Pacific Highway (SR-99) Community Business
corridor into a quality mixed-use retail area. Retail development along the corridor,
exclusive of the City Center, should be designed to integrate auto, pedestrian, and transit
circulation. Integration of public amenities and open space into retail and office
development should also be encouraged.
Section 3. Conditions of ADDroval. The request to change the comprehensive plan designation and
zoning of approximately 46 acres located south of South 336~1 Street and west of Pacific Highway South from
Business Park (BP) to Community Business (BC) and Multi-Family (RM 2400), with approximately 19 acres
to be designated Community Business (BC) and approximately 27 acres to be designated Multi-Family (RM
2400), shall be approved based on the following conditions, as amended:
I. Prior to construction of any new buildings, a single Master Plan for the entire Multi-
Family (RM 2400) and Community Business (BC) zoned site shall be submitted to and approved by the City.
Application for critical area intrusions as applicable is also required in conjunction with master plan review. A
project action State Environmental Policy Act (SEPA) review shall also be conducted in conjunction with
master plan and critical area review. Subsequent to Master Plan approval, building design and minor
modifications to the site plan shall be reviewed via a Process II, Site Plan Review. For the purposes of the
Master Plan, the subject site is comprised of the following parcels: 202104-9069, 202104-9070,202104-9001,
202104-9090, 202104-9086, 202104-9080, 202104-9072, and 202104-9004.
2. The Master Plan shall be developed with a cohesive and integrated design that
promotes the following:
a. Pedestrian scale, and pedestrian orientation and massing of buildings.
b. Site-wide pedestrian connectivity.
c. Building massing shall be designed to avoid large expanses of parking areas adjacent
to and/or visible from the public right-of-ways. On-site parking shall not be allowed between buildings and
public right-of-ways, except the Director of Community Development Services may approve one double-
loaded parking row between a building and right-of-way due to extenuating circumstances.
d. The appearance of strip commercial development shall be minimized by breaking
large linear ?uildings into numerous smaller buildings.
e. The commercial portion of the site may include a maximum of two primary anchor
buildings. The indi':idual aReAor buildiRgs are permitted a maximum 50,000 square feet of building fOOtpriRt,
ORO # 07- S"S~ ' PAGE 4
and the total gross floor area of all anchors shall not eJweed 100,000 sql:lar-e feet of gross fleer area. These
anchors shall not exceed 140.000 square feefof grOSS floor area. excluding integrated stmctured parking. The
maximum footorint of anyone anchor shall not exceed 80.000 square feel. Anchor facades shall not exceed a
width to depth ratio of ~ 1.25: 1.
f. NOR aneRor bl:lildings should ROt exeeed 10,000 sfluar-e feet of Building feotprinl
Commercial mixed use buildings should not exceed 30.000 square feet of building footprint (excluding
integrated structured parking) and shall not exceed a width to depth ratio of 1.5: 1.
g. Commercia1/ residential mixed use buildings should not exceed 12.000 square feet of
building footprint (excluding integrated structured parking) and shall not exceed a width to depth ratio of2: 1.
h. Non-anchor. non-mixed use buildings should not exceed 10.000 SQuare feet of
building footprint. The Director of Community Development Services may approve a maximum of two, non-
anchor. non-mixed use buildings in excess of 10,000 square feet, up to a maximum of20,000 square feet each,
when the applicant demonstrates the following:
(i) The additional square footage is necessary to accommodate the needs of a specific
tenant.
(ii) The facades of the structure include significant stmctural modulation equal to at
least ten percent of the length of the subject fac;:ade.
(iii) The overall design of the building is consistent with the pedestrian scale and
integrated design of the overall site.
(iv) Non-anchor. non-mixed use facades shall not exceed a width to depth ratio of 2: I.
go: h Pri mary commercial building entries shall be clearly visible and recognizable from the
public right-of-ways; or active building facades, including windows and pedestrian scale design amenities such
as screening, plazas, or art features such as trelli$es, artwork, murals, landscaping or combinations thereof,
shall be required fronting the right-of-way.
&.-1 On-street parallel parking is encouraged where feasible.
h k. A minimum of five percent of the gross land area ofthe commercial portion of the site
shall be pedestrian oriented open space. There shall be one primary pedestrian gathering focal point, and
additional supporting pedestrian oriented gathering locations distributed proportionally throughout the
commercial portion of the site. Open space areas and plazas shall include seating, landscaping, art,
ornamentation, pedestrian scale lighting, water features, and outdoor dining.
~ h Vehicular service stations are not permitted. Fuel pump stations are only permitted
when accessory to an anchor tenant. Any approved fuel pump station shall not be oriented to the public right-
ORD #07- S)l, ,PAGE 5
of-way, and shall not exceed two fuel islands with a total of up to eight vehicular fueling positions.
3. Development of the site shall include desih'11, construction, and dedication of the
following public roadways in accordance with appropriate FWCC street sections:
a. . 13th Place South from South 3361h Street to the south property line;
b. South 340lh Street from Pacific Highway South to the intersection of 13th Place South
extended;
c. A roadway connecting from South 336th Street through the residential area, connecting
to 13th Place South extended.
These public roadways are necessary to serve the proposed development and shall be
constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate significant
adverse environmental impacts may be required as determined through the SEP A process and will be applied
to any proposed project in the future.
a. Prior to occupancy of any residential building on the site, South 340th Street from
Pacific Highway South to the intersection of 13th Place South extended, and the roadway within the residential
area connecting to South 336111 Street, shall be constructed to meet all applicable standards. Traffic calming
devices such as speed humps, speed tables, traffic circles, ch~canes, curb extensions, signs, pavement markings,
or other calming devices as approved by the Public Works Director shall be incorporated within the residential
roadway. Signal modifications at Pacific Highway South and South 340d. Street intersection may be required to
provide safe access.
Alternatively, the developer may construct the. extension of 13th Place South from South 336th
Street to its intersection with the proposed residential road as a traffic circle. This would eliminate the need for
the const~ction of South 340th Street from Pacific Highway South to the intersection of 13d. Place South
extended, and the segment of 13th Place South between South 340th Street and the intersection of the residential
roadway (traffic circle).
. b. Prior to occupancy of a,ny commercial building, 13th Place South from South 336th
Street to the south property line, and South 340th Street from Pacific Highway South to the intersection of 13th
Place South extended, shall be constructed to all applicable standards. A new traffic signal (South 336th Street
& 13th Place South) and/or signal modifications (Pacific Highway South & South 340th Street) may be required
as determined through the SEP A process.
4. All new public streets shall include traffic calming features.
5. Uses other than multi-unit housing and day care facilities that are otherwise permitted
in the RM zone are not allowed.
ORO# 07....5.f("PAGE6
6. The multi-family portion of the site, west of Wetland No.2, shall be accessed from
one location along South 336111 Street and shall include a public roadway connecting through the residential
area, across the existing berm of Wetland No.2, and connecting to 13th Place South extended.
7. No more than one anchor building, or a maximum of+S;()OO 80.000 square feet of
commercial bui Iding area, may recei ve a Certificate of Occupancy on the site without the prior construction of
a minimum of 75 residential units.
8. The residential area shall be designed to minimize reception of potential noise impacts
from adjacent nonresidential uses.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity
of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the
ordinance, or the validity of its application to other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and-prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from and after
its passage, approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this II'! +J.- day of
~.I~ ,2007.
CITY OF FEDERA: w::1
~~$~
Mayor, Michael ~ ~
ApPROVED AS TO FORM:
f~a. ~
City Attorney, Patricia A. Richardson
ORD # eJ7... SSG;;, PAGE 7
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO:.
OS~SIo7
fJ6/1';.47
~
~
lJ7-'%~
1:\KitlS Comer\City Council\Revised Adoption Ordinance.docl6l712007
ORO#
, PAGE 8
Federal Way Village, LLC
May 5,2008
Janet Shull
Community Deve
City of Fe,deral
33325 8th Ave
Federal Way, Washington 98063
Services Department
lW1
Re: Federal Way Village - Amendments to Ordinance No. 05-490
Dear Janet:
We are requesting two.
Comprehensive Plan an
ents to Ordinance No. 05-490 that amended with conditionstbe
g Maps pertaining to the proposed Federal Way
d allow phasing of the infrastructure commcmsurate.with the
ment and the phasing of the mixed use development
Thank you for your cpnsideration of our request.
r.
~
c: Dan Biles
361 12,'18 Avenue West Seattle. Was.hington9B199
Pbone: (206) 579-0088 Fax: (206) 184-6099 tmaU: jpotter936@aol.com
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASmNGTON, ADOPTING AMENDMENTS TO ORDINANCE 07-556,
AMENDING ORDINANCE 05-490, RELATING TO THE CONDITIONS OF
ZONING APPROVAL FOR FEDERAL WAY VILLAGE (aka KITTS CORNER)
(AMENDING ORDINANCE NO'S. 90-43, 95-248, 96-270, 98-330, 00-372,
01-405,03-442,04-460,04-461,04-462,05-490,05-491, 05-492, 07-556).
WHEREAS, the Growth Management Act of 1990, as amended, (Chapter 36.70A RCW or
"GMA") requires the City of Federal Way to adopt a comprehensive plan which includes a land use
element (including a land use map), housing element, capital facilities plan element, utilities element,
economic development element, and transportation element (including transportation system map[s]); and
WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations
implementing its comprehensive plan; and
WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the
"Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the
Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map
on December 23, 1998, September 14,2000, November 1,2001, March 27,2003, July 20,2004 and June
16,2005; and
WHEREAS, Ordinance No. 05-490 approved a change in comprehensive plan designation and
zoning of approximately 46 acres located south of South 336th Street and west of Pacific Highway South
from Business Park (BP) to Community Business (BC) and Multi-Family (RM 2400), based on specific
conditions as contained in said ordinance; and
WHEREAS, as a result of this action, approximately 19 acres east of a dividing line would be
designated Community Business (Be) and approximately 27 acres west of a dividing line would be
designated Multi-Family (RM 2400); the dividing line described as a line extending southwards from the
South 336th Street right-of-way, said line which follows the eastern buffer of Wetland No.2 as shown in
the Settlement Agreement and Covenant recorded under Recording No. 9704211043 to a point
Doc. 1.0.
DRAFT
approximately 351 feet north of the south property line of Parcel No. 202104-9004, at which point said
line follows the middle of the 13th Place South extended right-of-way to the south property line of Parcel
No. 202104-9004; and
WHEREAS, the applicant submitted an application for a Master Plan for the Federal Way Village
site in January 2007; and
WHEREAS, in March 2007, the City of Federal Way received a request to amend the conditions of
zoning approval of the approximately 19 acres of that portion of site zoned Community Business; and
WHEREAS, in June, 2007 the City Council of the City of Federal Way adopted Ordinance 07-556
that amended the conditions of approval of the approximately 19 acres of that portion of the site zoned
Community Business; and
WHEREAS, in February, 2008, the City's SEPA Responsible Official issued a Mitigated
Determination of Nonsignificance on the Federal Way Village Master Plan that considered phased
implementation of the required public roadway network; and
WHEREAS, in May, 2008 the City of Federal Way received a request to further amend the
conditions of zoning approval to allow for the phased construction of required public right-of-way within
the site consistent with phased construction of the proposed zero-lot line townhouse subdivision and
mixed use commercial portions of the site; and
WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council
committees, and full City Council has received, discussed, and considered the testimony, written
comments, and material from the public, as follows:
1. On June 18,2008, the City's Planning Commission considered the request for a change in the
conditions of zoning approval to allow for phased construction of required public right-of-
way within the Federal Way Village site;
2. On July 7, 2008, the Land Useffransportation Committee of the Federal Way City Council
considered the request, based on recommendation by the Planning Commission, following
which it recommended adoption of the Planning Commission's recommendations;
3. On July 15,2008, the full City Council considered the request for a change in the conditions
Doc.1.D.
DRAFT
of zoning approval to allow for phased construction of required public right-of-way within
the Federal Way Village site at which time it adopted the Planning Commission's
recommendation as forwarded by the Land/Use Transportation Committee.;
WHE~AS, the City Council desires to approve the request for a change in the conditions of
zoning approval for the construction of required public right-of-way within the Federal Way Village site
based on the amended conditions as contained in Section 3 of this ordinance.
NOW, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain
as follows:
Section 1. Findings. After full and careful consideration, the City Council of the City of Federal
Way finds that the proposed amendments to the conditions of zoning approval will protect and will not
adversely affect the public health, safety, or welfare.
Section 2. Conclusions. Pursuant to FWCC Section 22-526, and based upon the Findings set forth
in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the
decisional criteria for adoption of the amendments to the conditions of zoning approval for the Village at
Federal Way:
A. The proposed amendments, as set forth in Section 3 below, would conform to the
conditions of zoning approval by providing for construction of public right-of-way identical in design to
that originally envisioned, and consistent with the comprehensive plan because right-of-way segments
will be constructed in phases consistent with the phasing of overall site development.
B. The proposed amendments to the conditions of zoning approval, as set forth in Section 3
below, will allow development of the site in phases to better respond to market conditions and the
Council's vision for development of the site, while providing for transportation facilities to serve the site
and improving circulation in the vicinity, and therefore bears a substantial relationship to public health,
safety, and welfare and are consistent with the requirements of RCW 36.70A, the King County
Countywide Planning Policies, and the Comprehensive Plan.
c.
The proposed amendments to the conditions of zoning approval, as set forth in Section 3
Doc. J.D.
DRAFT
below, are in the best interest of the residents of the City because they are consistent with, and
substantially implement, the following comprehensive plan goal and policy by allowing development of
the site in phases as a commercial! residential mixed-use development in a village setting:
LUG6 Transform Community Business areas into vital, attractive, mixed-use areas that
appeal to pedestrians and motorists and enhance the community's image.
LUP40 Encourage transformation of Pacific Highway (SR-99) Community Business
corridor into a quality mixed-use retail area. Retail development along the corridor,
exclusive of the City Center, should be designed to integrate auto, pedestrian, and transit
circulation. Integration of public amenities and open space into retail and office
development should also be encouraged.
Section 3. Conditions of Approval. The request to change the comprehensive plan designation
and zoning of approximately 46 acres located south of South 336th Street and west of Pacific Highway
South from Business Park (BP) to Community Business (Be) and Multi-Family (RM 2400), with
approximately 19 acres to be designated Community Business (BC) and approximately 27 acres to be
designated Multi-Family (RM 2400), shall be approved based on the following conditions, as amended:
1. Prior to construction of any new buildings, a single Master Plan for the entire
Multi-Family (RM 2400) and Community Business (BC) zoned site shall be submitted to and approved
by the City. Application for critical area intrusions as applicable is also required in conjunction with
master plan review. A project action State Environmental Policy Act (SEP A) review shall also be
conducted in conjunction with master plan and critical area review. Subsequent to Master Plan approval,
building design and minor modifications to the site plan shall be reviewed via a Process II, Site Plan
Review. For the purposes of the Master Plan, the subject site is comprised of the following parcels:
202104-9069,202104-9070,202104-9001,202104-9090,202104-9086, 202104-9080, 202104-9072, and
202104-9004.
2. The Master Plan shall be developed with a cohesive and integrated design that
promotes the following:
a. Pedestrian scale, and pedestrian orientation and massing of buildings.
b. Site-wide pedestrian connectivity.
c. Building massing shall be designed to avoid large expanses of parking areas
adjacent to and/or visible from the public right-of-ways. On-site parking shall not be allowed between
buildings and public right-of-ways, except the Director of Community Development Services may
approve one double-loaded parking row between a building and right-of-way due to extenuating
Doc. 1.0.
DRAFT
circumstances.
d. The appearance of strip commercial development shall be minimized by breaking
large linear buildings into numerous smaller buildings.
e. The commercial portion of the site may include a maximum of two primary
anchor buildings. These anchors shall not exceed 140,000 square feet of gross floor area, excluding
integrated structured parking. The maximum footprint of anyone anchor shall not exceed 80,000 square
feet. Anchor facades shall not exceed a width to depth ratio of 1.25: 1.
f. Commercial mixed use buildings should not exceed 30,000 square feet of
building footprint (excluding integrated structured parking) and shall not exceed a width to depth ratio of
1.5:1.
g. Commerciall residential mixed use buildings should not exceed 12,000 square
feet of building footprint (excluding integrated structured parking) and shall not exceed a width to depth
ratio of2:1.
h. Non-anchor, non-mixed use buildings should not exceed 10,000 square feet of
building footprint. The Director of Community Development Services may approve a maximum of two,
non-anchor, non-mixed use buildings in excess of 10,000 square feet, up to a maximum of 20,000 square
feet each, when the applicant demonstrates the following:
(i) The additional square footage is necessary to accommodate the needs of a specific
tenant.
(ii) The facades ofthe structure include significant structural modulation equal to at
least ten percent of the length of the subject fac;ade.
(iii) The overall design of the building is consistent with the pedestrian scale and
integrated design of the overall site.
(iv) Non-anchor, non-mixed use facades shall not exceed a width to depth ratio of 2: 1.
1. Primary commercial building entries shall be clearly visible and recognizable
from the public right-of-ways; or active building facades, including windows and pedestrian scale design
amenities such as screening, plazas, or art features such as trellises, artwork, murals, landscaping or
combinations thereof, shall be required fronting the right-of-way.
J. On-street parallel parking is encouraged where feasible.
k. A minimum of five percent of the gross land area of the commercial portion of
the site shall be pedestrian oriented open space. There shall be one primary pedestrian gathering focal
point, and additional supporting pedestrian oriented gathering locations distributed proportionally
throughout the commercial portion of the site. Open space areas and plazas shall include seating,
landscaping, art, ornamentation, pedestrian scale lighting, water features, and outdoor dining.
Doc. J.D.
DRAFT
1. Vehicular ServIce stations are not permitted. Fuel pump stations are only
permitted when accessory to an anchor tenant. Any approved fuel pump station shall not be oriented to
the public right-of-way, and shall not exceed two fuel islands with a total of up to eight vehicular fueling
positions.
3. Development of the site shall include design, construction, and dedication of the
following public roadways in accordance with appropriate FWCC street sections:
a. 13th Place South from South 336th Street to the south property line;
b. South 340th Street from Pacific Highway South to the intersection of 13th Place
South extended;
c. A roadway connecting from South 336th Street through the residential area,
connecting to 13th Place South extended.
These public roadways are necessary to serve the proposed development and shall be
constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate significant
adverse environmental impacts may be required as determined through the SEP A process and will be
applied to any proposed project in the future.
&-: Prior to oee1:1fl8ney of any resiaeBtial bt:lildiflg on the site, South 34gth Street from.
Paoifie Higw.vay Somh to the iaterseotioFl of 13th Plaee Se1:1-th exteflaed, aBd the road'lIay \vithin the
residential area oonneetm.g to South 336th Street, shan be eOBswetea to meet an aflf)lieable stafldards.
Traffie ea1ming ae.;iees l'lt:l6ft as speed l1-1:1rRfls, speed tables, traffie eife1es, ehieanes, eUi"b e~(ten.siOflS,
sigas, pavemeat markings, ar other ealmffig de'Rees as appreved by the P1:1blie '.Varks Dii"eetar shall he
iBeorperated '.'RthiR the r-esidefltial roa<t:/ay. Signal meaifieatiofls at Paeifie Highway Semh and So1:1th
~th Street mteFSeetiofll'JHl-Y be reqmred te provide safe aeeess.
fJterFl:ati','ely, the developer l'JHl-y eonstruet the ~xtensieFl of 13th Plaee Sol:lth trem Se\:lth
~th Street to its mterseetioo with the flFOf)osed resideB.tial read as a traffie eirele. This would eliminate
the need for the eonstfl:letiofl ef South 310th Street from Paeifie High'Nay Somh te the iflterseetioo of 13th
Plaee South exteflaea, and the segment of 13th Plaee South betY.'eefl South 310th Street afu:f the interseetion
of the residefltial road'l.'ay (traffie eirele).
a. Prior to occupancy of any residential building on lots 1-34. the segment of
Roadway A from the southern lot line of Lot 34 northward to South 336th Street. as set forth in Exhibit A
attached hereto. shall be constructed to meet all applicable standards. Traffic calming devices such as
speed humps. speed tables. traffic circles. chicanes. curb extensions. signs. pavement markings. or other
calming devices as approved by the Public Works Director shall be incorporated within the residential
roadway.
b.
Prior to occupancy of any residential building on lots 35-95. South 340th Street
Doc. 1.0.
DRAFT
from Pacific Highway South to the intersection of 13th Place South extended. and Road C from the
intersection of 13th Place South extended westward to the intersection with Road. A. as set forth in
Exhibit B attached hereto. shall be constructed to meet all applicable standards. In addition. the segment
of Road A from the northern lot line of Lot 35 southward to the intersection with Road B shall be
constructed to meet all applicable standards.. Traffic calmin2 devices such as speed humps. speed tables.
traffic circles. chicanes. curb extensions. si2Ils. pavement markings. or other calmin2 devices as approved
by the Public Works Director shall be incorporated within the residential roadways. Si2Ilal modifications
at Pacific Hi2hway South and South 340th Street intersection may be required to provide safe access.
c.lT. Prior to occupancy of any commercial building, 13th Place South from South
336th Street to the south property line, and South 340th Street from Pacific Highway South to the
intersection of 13th Place South extended, shall be constructed to all applicable standards. A new traffic
signal (South 336th Street & 13th Place South) and/or signal modifications (pacific Highway South &
South 340th Street) may be required as determined through the SEP A process.
Alternatively. the developer may construct 13th Place South from South 336th Street to the
south property line. and S. 340th Street from Pacific Highway South to the intersection of 13th Place South
in phases consistent with phased site construction. A phased construction alternative shall be subiect to
submittal of a phased development plan and approval by the Public Works Director.
4. All new public streets shall include traffic calming features.
5. Uses other than multi-unit housing and day care facilities that are otherwise
permitted in the RM zone are not allowed.
6. The multi-family portion of the site, west of Wetland No.2, shall be accessed
from one location along South 336th Street and shall include a public roadway connecting through the
residential area, across the existing berm ofWetIand No.2, and connecting to 13th Place South extended.
7. No more than one anchor building, or a maximum of 80,000 square feet of
commercial building area, may receive a Certificate of Occupancy on the site without the prior
construction of a minimum of 75 residential units.
8. The residential area shall be designed to minimize reception of potential noise
impacts from adjacent nonresidential uses.
Section 4. Severability. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to other persons or circumstances.
Doc. I.O.
DRAFT
Section 5. Corrections. The City Clerk and the codifiers ofthis ordinance are authorized to make
necessary corrections to this ordinance including. but no limited to. the correction of scrivener/clerical
errors. references. ordinance numbering. section/subsection numbers and any references thereto.
Section ~ 6. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affIrmed.
Section ~ 7. Effective Date. This ordinance shall take effect and be in force five (5) days from
and after its passage, approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
,2008.
day of
CITY OF FEDERAL WAY
Mayor, Jack Dovey
ATTEST:
City Clerk, Laura Hathaway
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK;
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
DRAFT
Doc. 1.0.
-~~~~-'-i
q.~ I
~Wo
, ---~~
~_J ~1-
.-----
I
~9,.
"'-,<,
t~\9o
V17-j\ l>
~ \: 'll
~~.A ~
~ ,-~:j
'0CO~-_C ,~
'"\\l 0
& :---: ur~
...-;-;-:7\ "m
r--t" t t t t t '4) r I
! , , , , ,/_,- _ ,--. ,'Z
. t . ~t/ ..~.")--,t l : I: t-----in
, , .-<: ~. ~~-S.::,=C,.4-,-- '" . :--\! I! i_: :-----~
i " -../.. ~.~: ~tt ' , '- _'fJ-J .......... ': .-- ..
: ! ~~~'-:'-<~B'~' I -: <;.J ~, Il'.'..hni:ji'irAV~'-S"~
". , , . .......>tilt' I' , '- - ~J:
'\.j r- ~ :1,-: ./' - (hmnmn ..h_.'m'__~
II' . I'.. in
: I-"-~.~--I : ~
~ : I .
I 0 I : 0
~ : qL.. : : : ~
.-,'\<;' ---- '"
c;. ~
. -"%J
'>-Vll' ~ (,~c;. I~
",,,"' ~" ~ I ,~~__I.O
'" I 1 _~~ -i
n '~ I--__\!'=-,O
i ir~~~~ 1 <l.fr.'l
u ! J .,1: ' , ~hi
II ~! I :: ,----: ~1lI 0
I _ '.1 II ~ :.--.' :.---~
. [t. -~~~ ! I' j (_)=1;
: :,1 j ~
,-,
I---~_.___I-- --,.:
I 1
I 1
I~____- ____ .....__ ~I
,
I
~---~
I____J Ii I
I_~____J
---------\
, "
c_
l"-'--"\._.___..__
I
I
I
I
\
I-___"--l__'--
~ f--~--~--'
'!;:c. I I
d 9r.~ : '--I r--:-)
% :1::~~~1f"----~ '-1 rm__,
"~ -!~l' Li!
", """~__h__'" ,
" 'n. .'<'\?'i-:::::n:::;:::=C':
1--\
--~
~0
1lI':~
~
I----------~
I I
L-__,._~____]
_~Zh_h
J ~~ :
: ~:
l_ ('\:
---- ~
h__~\,._~ ~_
: '0 ._~ ~
t -:.: I
I 0 I
.._ _~__ _______1
~
"
'0
%
9.,.<9c:-
"'~
~%,($>
\ll'<l
\ll
'"0
";;
~1-
;0
m
D
c
:a
m
l:l
:II
~
~
-<
III
m
Gl
3:
~
o
m
<
m
6
..
m
l:l
S
III
III
1lI.>:<S\ I
o~ I I
~~\I!
<JI '"" I
'!;.(~\ 17. '6
'*'~?
~~)<?o :VI(
~\ll I
".L-"~l% I
Vf-
'I>
.,
'l-
'..
~
l!l;
8~<~
~~g8
il~1 :
ul~
.. . ~~
~~.".""."..,'
, '.
" -,
"-,
:--L., '-,-
I I
I,__._J
~m~~
n.l~
..; , z
i !lill
i ~~ ~
l ~
~ m
~ ~
:II
~
..
;::
:j
m
"
1----------
I
I I
'-__________J
c=~
1 - -'I
L :
1
1
1
I
,
,
I
I
I
; - '-.~ ~
I 1
1 ,
I ,
1 ,
, '
, 1
, ,
, I
, I
l"_l_)
~
~ -----+--::
,
~
l:~! ! I; : FEDERAL WAY VILLAGE, LLC
I! ! i FEDERAL WAY VILLAGE
.J. I U t3""'-'~. ~_..':R~INAA.Y_ PlAT - OVERAll SITE PlAN
EXHIBIT A
_t...._r-l
I 1
I I
1_____J
1--1 C1
.....,\....\
, -,
, ,~
~\.\ \.........\
, \
~\ ~....\
\ '
,-
,-----------
1
~-_______J
1----------
I
~---______I
i!~~2li\
*!i~J ~
~J~~ ~
s~~ m
~ A"
~
I illPI' I!P
I ~.i~d I ~Id
a w~ a H
~ ~*I d i ~ ~~I i P
~~ QQ. i~ ~ ~ ;~~ i~ ~ I
~~ n ~ ~.~ ~i n
~ ~I ~p ~
I
nn; ! ;Im
~ Iq I ~ ~
~ !E~ ~ ~~~ i~
~ Iil~~ m ~~
~ ~.~ m J
~ i~ .~~ I
~ ~ ~~~ ~
~ i.~ ~
! l~.-
~~
H
ii~
~"
~i~~I~ p ~ p n B
MI gj d ~ n n I ~
h~ : ~ n i ~ ~
~i ~ m I ~ $ $ ~
'p 'Ii'
o
~
m
. ....
o
..
il:
m
~
!!.l
~
o
~
1;1
EEIZI ~3~1:::;~~~:~CiT.Ei.I.1
F.",.I WW/,WA 11.003
www.esmcivll.com
~-E!l!!E!::
........"..
=:~Il~':'::~ I =-~rlt I t:.~
1'1'11
.111
h~f--i
Q..~ I
~:~
j j.---Vi
,-, J0-
".-.-----
;ll
m
o
c:
:;;
m
C
:II
o
~
:E
)>
0(
111
Gl
l:
~
I
__ _......____1--.--.....1
I I
I I
I I
I~ ___.- _, ___~_ __I
I------~-~~
I I
L--.....-_____l
l--'t..:i--nul
: \!I~\l.' :
I ~ I
:___u 0~J
~ -<:I
~ ~~
l-----~,O--~\!'-,
I -
I ..... I
I 0 I
~------______I
o
m
~
6
..
m
C
~
III
\!I
\!I'; 6\ I
\~), I I
0~~ II
'0 0
'" .-0. I
""("ii) lr. '6
"''i ~
~\t>%
\\\\ I
""'~'?t( I
\>1~
'b
\
"'
%
...~.
f~l
g~<~
~~~~
, ~a
!I:i
H~
~~~.
~-.-._----..__.- ..~~
'-. "
. -
--"'-"'- -------.--
:- - L -, '-~'- -,~
I I
1- _._!
l-...-"'----__~-_
I
,
,
,
\
I
"'__-'"--[__1--
[----1
I_I ~
, ,
I ,
I
,
,
I
,
, I
1__, _I
! -
\
\~---
.- ---I
,
,
,
,
~"___l
1----; 14 I
l-t____J
1 !' ';
I[ im
I::. . ~"": ':
4t'
<1,.\lle, . :-'-----,
~~ i ~-- l-~-~
~ C~~=~~~---J Ll:~m__,
, v -,. U')I ::! i
,\,J"~{i:~:~:~~;JL:~:ci:
1--\
--~
't~~),
~0
~ \II~
~ ~
\
o,,\lle-
"'~
~~IS>
\\\'"
\\\
~^~
\>'1-
I--......~
I I
, ,
, ,
I '
I '
" :
, I
\ ,
, I
I"'_t_)
"-l.~
.._~
.~\~
V?1\ )>
~ '\1'-"tlo
~~ "
.-0. \!I), :ll
'6 l-,-l
",0._! :5
'9 Z
-<;'~ ~
:---: rwi!
I' m
, ,
,I Z
: : t-----in
J r I :..
l-l_~ -----....
n
n
i
n
n
-:!Io
I_:~j;
~~~---~~_'!"~.~~_~:~~.__u~:'~::=::::::~::::::::::~~~__~.~:~~:_ -=---
~~w~
~~ ,~~
~~~~s m
rn~~
~ ~!l1
I 8~ ~
l ~
; ~
2 "
~
Iii
"
~
o
J---------
,
L_________;
_I-:._r-:
, ,
, I
1_____;
'::'-,
c:; ~~
I_...! C~ ~\!\0
,_,__\11 0
, '-<>
: :~
I '
, '
1_- __.1
~ml~ ~ p I ~ p ~ 3
~~~~ ~ ~ ~!; ~ ~ ~ ~ r-
'~~g:ll ~ ~ ~ . ~ 8 i ~ ~
~'!i : ~ ~ hId
~ <i 2~~P
~ n q p~
p ~ ~
~ lS
.".n
----\.....\
, -,
, "
...~ \..- \
i \~
,
\..-"-
,-,
! ! n Ii i' i !!!i I! nil; ~ il~
~ ~ ~ ~ ~ ~ I a ~ ~ ~ ~ ~ ~I; ~ i ~~)>
~ ~~i ~ P a ~~. H i ~ h~~ ~ ~~n;
~~ qq. i~ ~ ~ :~: r; i ~ p~~ !!P;
~~ U ~ ~o; Ii n ~ ~ ~ in i
~ ~ ~ ~~
~ ~~
H
~
o ~
~ -----t---::
I
~
1-----------
I
1______----...1
1----------1
, ,
I ____ ____I
lp !! H ~
,J lut ~.~~E~~~~~~~~~~E
EXHIBIT
">.~ "
m~~
~~~~ ~
! ~ m
~ ~:II
r
r
p
FEDERAL WAY VILLAGE, LLC
"'....,"""'"'
..--
B
IiEDI ::1:~e1u~.:=.:;:GIIN~l<i.I.1
F.dII.-., W-v, w,. MOOS
www.esmcivll.com 5- 1:iEl:
1'1' II
.111
.......INGTON
=:~~:1=rllll I =:=llIIftt
~
CITYOF ,. ~
Federal Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
MEMORANDUM
June 18, 2008
To:
Federal Way Planni~missioners
Senior Planner Lori ~aelson
From:
Re:
Study Session on Zoning Text Amendment: Cargo Containers
(City File No. 08-102684-00-UP)
Background and Purpose of the Amendment
Staff would like to brief the Planning Commissioners on an upComing amendment to the text of Federal
Way City Code (FWCC) Chapter 22, "Zoning:' The purpose of the amendment is to establish use and
development regulations for outdoor storage containers, commonly called "cargo," "shipping," or
"storage" containers. Federal Way, like other nearby communities, is seeing an increased number of
applications and inquiries related to various types of containers. However, the City's current code does not
address them, except that schools are allowed to use them for on-site storage of emergency preparedness
supplies. Other proposed containers, or potential code violations, must be processed on a case-by-case
determination of the codes that most closely apply. Absent specific regulations, they may be
inappropriately placed (without City approvals), where they impede parking or traffic circulation or intrude
into required landscape or setback areas. Also, they are not designed for aesthetic quality and they can rust
and become more unsightly over time. This raises concerns about ensuring that the impacts related to these
uses are adequately addressed in zoning and clarifying the review process. The intent of the code
amendment is to ensure that all such units are appropriately located, designed, and screened to ensure
compatibility with adjacent uses and zones, particularly residential areas, and to help staff process such
applications and requests promptly and thoroughly.
What do these containers look like and how are they used?
Containers are available in a wide variety of sizes and materials to meet different needs. The "historic"
cargo container is constructed of corrugated metal or prefabricated steel and measures 8 feet wide, 8 feet
tall, and 10 feet to 48 feet long. These were originally designed to hold and transport cargo via ships,
trains, or trucks, and were generally limited to industrial areas and uses. However, they have since been
adapted to meet other needs and are emerging in non-industrial areas.
Planning Commission Memorandum June 18,2008
Zoning Text Amendment Study Session: Cargo Containers
Page 1
File #08-102684-00-UP I Doc 45699
"Exhibit A" shows some advertising from the websites of several companies who market containers. Many
offer custom sizes and modifications, such as windows, doors, vents, loading ramps, heat and air
conditioning, electrical, plumbing, refrigeration, forklift pockets, custom colors, fmishes, etc. Depending
on the company, the units are available for sale, lease, or rent.
Cargo containers are still used for their original purpose, i.e., the shipping and transportation of goods and
materials by sea, rail, or truck. They are typically found at seaports, shipping yards, and other industrial
sites; often in large numbers and often stacked. They are also being used on a more permanent basis, as an
effective and inexpensive way to store and protect equipment, supplies, inventory, and other property from
theft and weather; or they can be custom ordered for office and other habitable space, such as work areas,
booths, and stands. In addition, they can be used by schools, colleges, government agencies, hospitals,
churches, and community facilities for storing extra supplies and equipment, including disaster
preparedness supplies.
The larger containers are customarily found on industrial, commercial, and institutional properties. They
are not ordinarily found in residential areas, with exceptions, such as active construction sites, emergency
sites, and the above-noted institutional sites. Smaller, portable moving and storage containers are more
typical in residential zones. These include "PODS" (personal On Demand Storage) and similar products,
as shown in Exhibit A. The standard POD is 8 feet wide, 8 feet high, and 12 or 16 feet long. Products such
as these are delivered to the property by the container company, retrieved when load~ and delivered to
the company's storage warehouse or other destination as specified.
Where in Federal Way are they located?
At the work session, staffwill provide photographs of some existing cargo containers in Federal Way and
vicinity. Where containers have been placed on a permanent basis, they are typically located on industrial
or institutional sites, such as the on-site storage of emergency preparedness supplies at schools. However,
some containers have been placed in commercial areas without permits. On a more temporary basis, there
are some examples of construction sites and PODS or similar products in residential neighborhoods.
What are some definitions from other city codes?
Four example defmitions are listed below. Please note, while the terms and definitions may differ, they
encompass virtually the same types of containers. A definition for the Federal Way code will be researched
and proposed in conjunction with the amendment
"Cargo container" means a standardized, reusable vessel that is or appears to be: 1) originally, specifically,
or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles,
goods, or commodities; and/or 2) designed for or capable of being mounted or moved on a rail car; and/or
3) designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded
on a ship. (Cities ofBurien and Tukwila)
"Shipping container" means a unit originally or specifically used or designed to store goods or
merchandise during shipping or hauling by container ships and/or vehicles. (City ofPuyallup)
"Storage container, metaf' means any metal container intended to be used for seagoing travel that is not
moveable under its own power and must be delivered to the site by ship, truck, train, or crane."
(City of Sumner)
Planning Commission Memorandum June 18, 2008
Zoning Text Amendment Study Session: Cargo Containers
Page 2
File #08-102684-OO-UP I Doc 45699
"Cargo containers" are steel, sea- or ocean-going containers marked with the American Bureau of
Shipping's emblem or meeting the International Standard Organization's standards, which can be detached
from a trailer, chassis, or frame, and which were formerly used for transporting sea- or ocean-going cargo."
(City of Moses Lake)
How are other cities regulating cargo containers?
"Exhibit B" summarizes the regulations of a number of other Washington cities as reviewed to date. The
following general conclusions were drawn from the overall review, and will be considered in preparing a
set of proposed regulations for Federal Way.
1) Most cities prohibit, or strictly control, storage containers in residential zones, particularly
when used on a permanent basis, with some exceptions for containers associated with
institutional uses, such as schools, community facilities, government facilities, hospitals,
and churches.
2) Where they are allowed in residential zones on a permanent basis (for the above noted
uses), they must be fully enclosed within a stick-built structure and/or solidly screened
from adjacent properties.
3) Where they are allowed on a permanent basis, they are usually considered an "accessory
use" to an approved principal use on the site; subject, at a minimum, to the same site
design and development standards that apply to the principal use of the site.
4) Most codes provide a mechanism for some temporary use of storage units in any zone,
including residential, such as moving or storage activities; when associated with an active
construction site; necessitated by an act of God (such as flood cleanup); etc.
5) Typical design criteria includes the location, size, height, design, and screening of the unit
from adjacent uses. Other criteria were found to include: the unit may not be the principal
use of the site; it may not be the only structure on a vacant site; units may not be stacked,
or refrigerated, or habitable, etc.
6) Decisions are typically issued administratively, by the department director; except when
associated with a proposed principal use that requires another decision; in which case the
decision on the principal use would include the container(s). (Same as Federal Way.)
Next Steps
Staff will complete the research and prepare a draft code amendment over the next two months, followed
by a public hearing in late August or early September of 2008. Staff also anticipates that the amendment
will also include minor updates to other, related codes, such as the accessory use regulations and/or
temporary use regulations.
Planning Commission Memorandum June 18,2008
Zoning Text Amendment Study Session: Cargo Containers
Page 3
File #08-102684-OO-UP / Doc 45699
EXHIBIT A
EXAMPLES OF WEBSITE ADVERTISING
~~I~~ttle, Washington I Seattle, Washington Self Stora~~~fMIOls'~,J;:dUi[
~
== 877-508-7637
."". The Official Moving and Storage
_ Company of the PGA TOUR
NEED ASSISTANCE?
click here for LIVE CHAT
~
HOME ABOUT PODS I MOVING I STORAGE I PACKING I BUSINESS SOLUTIONS I CUSTOMER LOGIN
Seattle:
Overview I Moving I Storaae
PODSTM is a smarter way to move and
store in Seattle
PODS revolutionized moving and storage in Seattle by
introducing the concept of portable storage containers.
With PODS, portable storage containers come to you,
so you can pack at your leisure. lIIIhen you're ready,
we'll move your PODS container across town, across
the country or to one of our secure Storage Center
facilities in Seattle.
_. Everett
(~ "~I
,~ .... ".;;,~~r. :L.f~t
f -. ) 5.aRedmond
. '- Sealll.., r-
Br~~~~:;~
.,. ~ K,i;.t '---'\
~-t~,~ ~.. "
.."ev-
Serving the Greater Seattle area:
Bellevue
Bellingham
Bremerton
Everett
Issaquah
Kent
Olympia
Redmond
Seattle
Tacoma
Tukwila
*Available for a limited time only at participating
locations. Offer void where prohibited by law. Please
call for service locations. Must mention promotional
code at time of order. Cannot be combined with any
other offer. For local moves, 10% off initial local
delivery and first month's storage, except when better
discounts are in place locally. Additional mileage
charges may apply if outside our standard delivery
area.
SPECIAL OFFER - BOOK TODAY!
100/ OFF FIRST
/0 MONTH'S RENTAL *
JUST ENTER PROMO CODE: 1199
)) PLACE AN ORDER
OWe deliver
the PODS@
container to your
door using our
patented
hydraulic lift
system.
>> GET QUICKQUOTE
How does PODS work?
"" -~
~~ .-~
~ ~.
~-~~~
~............_. !_...!..-lIl1II....
... -0..,..-. .__
i_,. .
.J' ....~
A You pack
V the PODOO
container at your
leisure.
A We pick up the
V PODS@
container and
deliver directly to
your destination
or to our secure
PODS@ storage.
Greater Seattle Storage Center:
13605 52nd Street East #300
Sumner, WA 98390
Phone: 866-2294120
1515 75th 51. 5W Ste. 200
Everett, WA 98203
Phone: 866-2294120
-~""Ut-- ~ wi
- PWWn j) (~,vu,J'tIt'Pt.)
- ~/...L;-I,;l.p ~
- 'b' WI De, .f;' H-IJ,H-
rZ! "P-' ",' Loll",
Home I About PODS I Moving I Storage I Packing I Business Solutions VAR I Login I Contact Us I Franchising I Site Map
Intranet I Privacy Policies: United States - Canada I Terms and Conditions
877-508-7637
@ 2006 - 2008 PODS Enterprises, Ine. All rights reserved.
PODS@ is a registered trademark of PODS Enterprises, Ine.
NI90l
dnOJ9 u5ls<JO <JrAe<JS Aq <J.!Sq<JM
pe.uoJ . dew <J.!S . <Jsn 10 SWJ<J.L . AJ!lOd AJeA!Jd . LOOZ QJ sJ<Ju!e.uoJ pue sJ<JI!eJ.L A<JUUDPW
h~1JU~<podstfifl~fi~~=1B~~~tl~Sl~~hi~<NJ~uli~li~OO3S
About PODS
~~
- .. = 877-508-7637
.. . . ,., The Ofticial Moving and Storage
.. . .. ... _ Col11l"flyofthePGATOUR
NEED ASSISTANCE?
click here for LIVE CHAT
fit
ABOUT PODS
HOME I ABOUT PODS I MOVING I STORAGE I PACKING I BUSINESS SOLUTIONS 1 CUSTOMER LOGIN
Customer Care
FAQ
PODS Innovations Page
Community Service
Press
Career Opportunities
PODS Videos
Testimonials
Clearing out the clutter?
Store your exce!iS with us,
PODS provides the ultimate in convenience, security, and flexibility,
whether you are moving or storing your valuables.
<lJtfiieJI1]
We Itrin, it te 'IMI. YMlI t; take Y.. ti.e We kee, trea:Alrelll me...riles We Iw~ ~ew ..aluM iteAlS
We bring.a spedallv deSigned pKkin9. s.;#eat a st..a9ll! telller. where yo. tlMt it.
(onl.~iner to you and pl.ac>l: it Relax, Take your time, You We tuck it in one of (,ur secure when yor.l -ilr'li! rE!ady, let us
where ~'OU wan~ with our (an load it up when '/ou want 5tor<loe Cer,ter.; where WI':. keep know where YOIJ want It a
patented ~ODZI~, Don"1: be ~.o .:.nd t...ke ""~ :ong ...s you it w.:.~, ~.:.fe .:.nd diY, You on bri~€nit~:LJ ~~~.;;;s -lf~~ ~~~r
,urpn,ed It y~ur ne,~hbot:\ II~e, \ll,lhen I,iOLJ re re..d1i, we keep It there <IS long ':'$ 1'[l1j th<rn9 tr..dit~n..1 rflOvir'lQ ...r,d
cometO$eeltmactlon. pIckup the cont<rlner, want. stol'.;.ge..
PODS makes moving easier and
Less Stressful.
Relax - Take YOLJctime:
PODS brand containers can be available
within 24 hours. Then you decide how long
you want to take; it doesn't have to happen
in one day, Depending on local ordinances,
you can take up to ..:jU adY~.
Notintimida.ting or (3S stressful:
It's portable and it comes to you. You don't
have to worry about driving a big truck. You
don't have to worry about driving in winter,
snowy months.
Less physical labor:
Ground level loading eliminates the
mountainous climb up the truck ramp with
heavy items.
&.... ~.i1.::..~I-.-f........;. ';
'~.p- >~
\, ..~
More control:
Maintain personal control of loading. The
same company provides moving and
storage. Plus our innovative tracking
technology allows us, and you to know the
exact location of your container, whether
it's in our storage center or traveling across
the country.
Customer service:
We're the largest and first portable moving
and storage company in the nation. 930/0 of
customers recommend us to family and
friends.
Case Study ,.....~" _.Ol>
~.. ..."",,,,-,,.' Cha.uenile:F~~~-~'
__ '/1 el'tottl~natr~,.kle;"tl!i<tn
N'---_ \ief'l/it'C'5
Re:!;ults: Redut.ed eos.ts aoo
dairn,
PODS makes storage convenient
and easy.
Flexib Ie. storqg~mo.ptio.ns:
On-site or storage center options for as
long as you need. Convenient pick-up and
delivery serVice.
Storage Centers treat your valuables with
care:
Storage Centers are climate monitored and
have 24 hour video surveillance at most
locations. You hold the key to your
container. Plus our innovative tracking
teChnology allows us to know the exact
location of your container.
less .work thcwtr.:lditionaJ .stQra ge:
WIth traditional storage you have to rent a
truck or make many trips to the location.
Then, when it's time to move again you
have to do all that work again. With PODS
we bring storage to you then we bring your
belongings to you when you want and
where you want.
With PODS you only have to pack once -
no unpacking or repacking. No need to rent
and drive a big truck for multiple trips.
Ea.syStQrage _ Center access:
Your PODS brand container can be available
with just one phone call within 24 hours.
Case Study L........ MIt"" _
Challenge"Cl~ill
cootinuous!POW Itlgistic
wlulion
Results: R(;du(:<!d ~b. by
40% us.ing PODS to -tfansp<<t
~l'I'Lalcrj<ll1$
Home I About PODS I r-toving I Storage I Packing I Business Solutions I VAR I Login I Contact Us I Franchising I Site Map
~
Intranet I Privacy Policies: United States - Canada I Terms and Conditions
877-508-7637
2006 - 2008 PODS Enterprises, Inc. All rights reserved.
PODS'-R, is a registered trademark of PODS Enterprises, Inc.
http://www.pods.com/about-pods.aspx
Page 1 of 1
5/31/2008
Storage Container Sales serving Seattle, Spokane, Tacoma, Vancouver, Bellevue, Everett,... Page 1 of2
1-800-850-3588
Home Specs
Customize i FAQ's
Contact
Request a Quote
Seattle, Spokane, Tacoma, Vancouver, Bellevue, Everett, Federal Way, Kent, Yakima, Bellingham, Bremerton, Renton, WA
Check our Washington State storage container sales inventory >>
MCkinney
CONTAINER RENTAlS & SALES
StorageContainers.net
R,,,,., P,."S
Newer, high-quality units
available in 10 to 48-foot
sizes for storage & more.
container rentals> >
it) L~~~~~~S
container leasing> >
Sales IHueRtary
Browse our online
inventory for a variety
of used containers.
container sales >>
CU$l.m
~) ~;;~~~~~s
'""",'.."_..." -
custom cQntiliners > >
LOGIN
,~ IT
Length: 40'
Width: 8'0"
Listed by: Seattle
SALES INVENTORY
, ~ WIbYe-N It-~ e.-
(I''h II P~D5~)
Our Locations - Our Equipment Listings - Search Listings
Our Equipment Listings
Please CALL ON PRICING for cities other than Seattle
http://storagecontainers.net/listman/listings/
New 10' Steel Containers ($2,4S0.00)
New 10' steel container.
Length: 10'
Width: 8'0"
Listed by: Seattle
New 20' Steel Containers ($2,8S0.00)
New 20' steel containers, standard 8'6" height,
variety of colors, tan, blue, grey. High cube 20'
containers also available. Doors both ends available
as well.
Length: 20'
Width: 8'0"
Listed by: Seattle
New 24' Container ($3,SOO.00)
New 24' Container in standard height or High Cube.
Various colors to choose from.
Length: 24'
Width: 8'0"
Listed by: Seattle
New 40' Steel Containers ($4,2S0.00)
New 40' steel container, wind and water tight.
Length: 40'
Width: 8'0"
Listed by: Seattle
Used 24' Containers ($1,950.00)
Length: 24'
Width: 8'0"
Listed by: Seattle
Used 40' Steel Containers ($1,800.00)
Used 40' steel container, wind and water tight, good
5/31/2008
, )/'-1 ~U$/~~SS /2- Yttj::>
" ~f!.-}IJ p U"-i=. .;-It;( ~ M-1r u:-
/) dIP fZ-M:. f- 07 R- ~ EJI/-r
~ /Vtp ]) ~ pr WtrV./J-
IJ;tp f&Z- I( frtt-~IYrU/}E>j,...~ II
-7H-ItAl '!fDJJ ~ II
tJ "5,1'1 (Pj., JZ Sf?Z.- .
5 r-r; w/pt,)< i- Fr, uN!., X 7 hr-rAu-
MOVING &
STORAGE
.....
?-
I, iii E Y ]J ~)--))I t.K- I f)/I!, J'J/'IhU.
CoA/rA-I.N!-/Z.-S 7i? ~ ~f
~u- LtJ A- 1) Jr
r
7J,~ pJ~ /', tfp ~ ~1P/2E-1T
!jJGy ~LI"~ 7b ~~ ~
Wu.v ~S 77N471 b'71 \ l'}L 7RtI1L
~~/4WPf- ~-5f.. (
h Tf';P/~1/ ~TFtY @ fRJ}1J1:-,t!.t-y
~ '17A-rS -I ~.
DOOR
DODR
&,
~.
1:
The Door To Door Difference
Door To Door Moving and Storage provides the safest, most reliable and affordable way to
move and store your belongings.
Highlights of the Door To Door service:
. Move and store on your schedule. Take a few days or up to a week.
. Cut your labor time - only load and unload once
. Save yourself the stress and hassle of loading and driving a rental truck
. It's easy and convenient
The Door To Door Storage Container:
. F its into driveways and parking spaces at your home or apartment
. Safe and easy for you to load
. Stable on sloped or uneven surfaces when you're loading
. Keep the weather out when it's at your location
. Helps prevent your belongings from shifting when the container is being moved
. Helps prevent condensation, mold and mildew
. Securely locked when it's at your location and in our storage center
. Door to Door portable storage containers offer the best way to organize your belongings. At
5 feet wide, by 7 feet tall by 8 feet deep, Door to Door storage containers hold an average room
to a room-a nd-a-ha If of furniture or 40 to 50 medium-s ized moving boxes. T he floor of the
storage conta iner is only 4 inches off the ground to keep it dry, so it's much eas ier to load tha n a
renta I truck.
~
"
~rl
,\1\
; :~ '",
",;:",4.
it
>
Containerized Storage - Portable Storage, Storage Solutions, Pod Storage
Page lof 1
CALL TOLL FREE TODAY.
1-866-863-4838
Storage Doesn't Get Any Easier.
or Request a FREE Storage Quote Online!
Get Free Quote lOur Services I Special Offers I Business Storage I Your Storage Needs? I About Us
>> Storage
>> Self Load
>> Easy Access
>> Value Added
>> On Site Storage
>> Storage Needs
>> Storage Locator
Why Choose Us?
.. Storage Experts Since 1971!
.~ Employee-DNL Y Acxess Protects
Your Belongings
,~ No Paying For Truck Rental &
Mileage
to Load Belongings ONLY Once
.. Rent ONLY The Storage You
Need
r~~~~;"~_
Storing more than 4
containers or for longer than
4 months?
You may be eligible for
a special
VIP Storage Discount!
'.
Simply complete this request
for service. One of our
storage experts will verify
your eligibility.
Home / Services / Our Services
Storage has never been so easy!
Public Storage PickUp & Delivery - Storage
-r~'I'" ~'1~
_ Y Pill. UlJ/Jr'D rr
,
... ~ 'f~i"-lJf/~Sr~/r
Containerized Storage Solutions
Our portable storage containers are
specially designed to meet all of your
storage needs, including storage of larger
belongings such as couches and
refrigerators. Containers sit at ground level
for easy loading and unloading, and the
convenient size allows you to rent as few or
as many as you like, paying only for the
storage you need.
:..
.~
~...... "iL ., _
.....:..<.,....,._._.'"'-~..,,-". ;,:------~
.,.', --
~
Storage containers can be easily accessed.
They are never on the third floor or "down
the hall". You won't need to rent carts or dollies, because the storage containers are brought right
to your tailgate for access.
State-of-the-art storage facilities
}
Public Storage Pickup & Delivery prides itself on the
quality and cleanliness of our storage facilities. Our
storage warehouses are in safe, secure
neighborhoods that are conveniently located within
your community. All storage facilities are
equipped with complete security systems including
motion sensors and 24-hour video surveillance.
*Not available in some locations and certain terms
and conditions may apply.
Portable Storage I Public Storage I Storage I Self Load I Super Saver I Easy Storage Access I Value-Added Services I
Estimate Your Storage Needs I Investor Services I Partners I Site Map
sam portable storage and moving containers I about sam
aftoul sam
how sam worb Q
Wat:h sam make stonge
<=.nd movmg a snap.
space calcula1er
K,)w man..... sam contalo€:rs
do 'r'c!.: need"
contadus
my sam
busill8Sl soIuliODS
MOv-jog and storage
solutions for remodehng,
real estate & more
customer satisfaction
4.7
ik'trt!rtrtt
Page 1 of 1
11 ?A1v\11 ~~AN:P MPl/0
about sam
SAM (Store and Move), LLC is an
emerging leader in the f,:ort~ble
storage container indus ry, roviding
lbcal aria long-mstance moving and
storage services in more than 50 of
the largest markets in the United
States with plans to continue
expansion to additional markets. The
sam service is presently delivered by
a nationwide network of 100 moving
and storage professionals with
extensive experience in the industry.
Headquartered in St. Louis, Mo., sam
is a subsidiary of UniGroup, Inc., a
leader in the transportation industry
and parent company to Mayflower
Transit and United Van Unes.
why sam
sam interior view
competitor jnt4!riot view
It's not just a container. It's the
whole package.
Whether you're moving into a new home or just need some extra storage space, now there's a better place to put the things you
care about. Introducing SAM (Store and Move) - the only portable storage and moving container that's designed around what your
stuff means to you and your family.
sam puts a priority on quality.
There are plenty of portable storage containers on the market, but few can match the design quality you'll find with sam. Don't
trust your valued belongings to storage and moving containers composed of rough exposed wooden walls - choose samls smooth
fiberglass-reinforced walls, unique tie-down rings, waterproof design and heavy-duty security latch to protect your most prized
possessions.
It's your move.
Nobody knows how to store or move your things better than you. That's why we put you in charge right from the start. Just tell us
when to bring a sam container to your home, and then you take over from there. Moving? Load the moving container at your own
pace, let us know when you're done, and we'll deliver sam to your new home.
If you just need a temporary storage solution, we'll deliver a sam unit for you to keep at your residence and then pick it up when
you no longer need it. For longer-term storage, we'll come get sam after you1ve finished loading and keep it at one of our safe,
secure warehouses. If you ever need access to your sam while it's at the warehouse, simply schedule a time to retrieve what you
need, or we'll bring the container back to you and pick it back up when you're done.
Built-in convenience.
Even do-it-yourselfers can use a little extra help sometimes. So we've included plenty of handy convenience features to make
moving and storage as safe and easy as possible. sam has a large, easy-to-open door that allows you to load your belongings at
ground level. This important feature provides you unobstructed ground access while reducing the risk of property damage and
injury. To simplify your next project, order boxes and padlocks online.
More support than your average container.
To help make sure your moving and storage experience with sam is stress-free, we have a team of friendly sam storage and
moving experts available seven days a week to help with any questions you may have about sam portable storage and moving
containers.
sam's performance stands out, its appearance blends in.
Ironically, one of the most appealing aspects of the sam container Is the fact that it easily goes unnoticed. Unlike other containers
with bright colors and busy designs, sam's clean lines and subtle graphics quietly blend in to any neighborhood or subdivision. In
other words, sam might be the only portable storage and moving solution that your neighbors will appreciate too.
Put one in your driveway.
If you're moving or seeking extra storage space, don't just get a container. Get the safe, secure,
simple storage solution - get a sam.
Copyright 2008 SAM (Store and Move), LLC. All rights reserved. I U.S. DOT =1483713 I FMCSA =t-1C535033 I FMCSA ""FF005784
Privacy Policy Site Map
EXHIBIT B
SUMMARIES OF OTHER CITIES REGULATIONS
How Do OTHER CITIES REGULATE PORTABLE STORAGE CONTAINERS?
City (W A) Summary of Zoning Regulations
Puyallup "Shipping containers" prohibited in all residential zones. Otherwise code is silent. Staff
indicated that a proposed container in non-residential zones would be processed as
outdoor storage and the applicable related regulations.
Sumner "Metal storage containers" are allowed in non-residential zones only as a temporary use,
during construction or renovation. Not allowed in residential zones. The conditions of the
use are tied to the building permit. The container must be removed when the building
permit expires or prior to occupancy. The applicant must post a bond or other surety to
cover the cost of removing the unit. Units may not be stacked and must meet required
setbacks. Staff is aware of some use of "PODS" and similar, moving and storage
containers in residential areas, but these have caused no problems so far, most likely
because of their relatively small size and short duration.
Renton Regulated as "outdoor storage". Permanent outdoor storage not allowed in any
residential zone. May be permitted in certain zones (light industrial, some commercial,
but not downtown and vicinity) subject to all other applicable regulations, i.e. setbacks,
screening. Containers may be permitted as a temporary use anywhere in the City subject
to public notice and conditions. "PODS" not specifically regulated but not a problem yet.
If code complaint filed, the property owner would be notified to remove the container
within 14 days, which in most cases would resolve the issue.
Kent Any permanently placed "cargo container" is defined as a structure. Allowed as
permanent use in residential zones, provided they are completely enclosed within a stick-
built structure; have a peaked roof; contain building materials similar to the principal
residential structure; and not exceed 10 feet by 20 feet in size. Institutional uses (such as
churches and schools) in residential zones are exempt from these design requirements
except when the container is adjacent to, or visible from, a residential use. Temporary,
accessory use of containers is allowed in any zoning district where the principal use is
permitted, subject to a temporary use permit. Permanent use of storage containers in
commercial/industrial zones is not specifically addressed in zoning, but city staff indicated
these would be processed as an accessory structure to the principal use, subject to
building permit, setbacks, and outdoor storage regulations, including screening.
Burien "Cargo containers" allowed for temporary storage at an active construction site; as
accessory uses in industrial and commercial areas (except downtown commercial, Office,
and Neighborhood Center); and as accessory uses in residential zones only for community
facility, government facility, hospital, public park, or recreation facility. If a container is
located in or within 100 feet of a residential zone, it may not exceed 10 feet by 20 feet,
and in residential zones it must be fully enclosed within a stick-built structure and/or
solidly screened from abutting residential zones. May be stacked only in Industrial zones.
Auburn No existing regulations. Currently under review.
Tukwila "Cargo containers" allowed as permanent accessory structures in industrial and
commercial zones. Allowed in residential zones only when accessory to institutional uses.
In all cases subject to screening and other design criteria.
Des Moines Regulations are thin, and presently under review. Under current code, containers are
allowed only during active construction, for a period up to, but not exceeding, one year.
Seatac Any permanently placed "cargo container" is defined as a structure. Not allowed as
permanent use in any residential zones. Allowed, subject to criteria, in industrial zones
and certain commercial zones. May be allowed by the Director in all other zones
(including residential) subject to additional criteria. Criteria includes stacking limits,
screening, painting, and size limits. Additional criteria when within or adjacent to a
residential zone includes complete enclosure of the container within a stick-built
structure, with peaked roof, or solid screening.
Kirkland Temporary outdoor use of "storage, moving, shipping, or freight containers, including but
not necessarily limited to ISO standard containers" is allowed in all zones, if accessory to a
permitted principal use. Considered temporary if they do not require a building, electrical,
plumbing, or mechanical permit, and are not secured, or required to be secured, to a
permanent foundation. On active construction sites, the container must be removed prior
to occupancy. In all other cases, removal is required within 14 days. No provision has
been made as yet for permanent use of containers in any zone.
Airway "Shipping containers" are prohibited on residentially zoned property, or property
Heights containing an established residential use, except active construction sites or other
approved temporary use. On other properties, they appear to be allowed, subject to
screening and other criteria.
Battle- "Shipping containers, cargo containers, or tractor trailers" prohibited in residential zones
ground except active construction sites or other approved temporary use. Allowed in other zones
subject to approval by the zoning administrator, except when the principal use is a listed
special exception within the underlying zoning district, the container is subject to
approval by the board of zoning appeals.
Moses Lake "Cargo containers" prohibited in residential zones except active construction sites or
other approved temporary use. Allowed as accessory uses in industrial and heavy
commercial zones subject to a conditional use permit.
Mt. Vernon Containers greater than 200 square feet in size may not be placed in any zone for a period
exceeding six months, which can be extended to one year upon director approval.
Otherwise, the zoning code is silent.