LUTC PKT 02-02-2009City of Federal Way
City Council
Land Use/Transportation Committee
I
15:30
February 2, 2009 City Hall ( I
p.m. Council Chambers
MEETING AGENDA
1. CALL TO ORDER
2. APPROVAL OF MINUTES: January 5, 2009
3. PUBLIC COMMENT (3 minutes)
4. BUSINESS ITEMS
A. 500 Gallon Above Ground Fuel Tank- Final Project Acceptance and Action Gross/5 min.
Retainage Release
B. S 356`h St at SR 99 Intersection Improvements Project- Bid Award Action Mulkey/5 min.
C. Churches and Design Guidelines Action Harris/15 min.
D. Adult Family Homes, Social Services Transitional Housing, Day Action Michaelson/15 min.
Care and Home Occupation Code Amendments
E. Proposed Resolution to Grant Noise Variance to WSDOT Action Beckwith/5 min.
F. Cedar Creek Neighborhood Traffic Safety (NTS) Action Perez/Long/10 min.
5. FUTURE MEETINGS/AGENDA ITEMS
6. ADJOURN
Committee Members City Staff
Linda Kochmar, Chair Cary M. Roe, P.E., Assistant City Manager/Emergency Manager
Jim Ferrell Darlene LeMaster, Administrative Assistantll
Dint Duclos 253-835-2701
G: ILUTCILUTC Agendas mid Summaries 2009102-02-09 LUTC Agedda.doc
January 5, 2009
5:30 PM
City of Federal Way
City Council
Land Use/Transportation Committee
MEETING MINUTES
City Hall
City Council Chambers
In attendance: Committee Chair Linda Kochmar, Committee Member Dini Duclos, Committee Member Jim Ferrell,
Assistant City Manager/C.O.O. Cary Roe, Assistant City Attorney Peter Beckwith, Acting Deputy Public Works Director
Marwan Salloum, Deputy Public Works Director Ken Miller, City Building Official Lee Bailey, City Traffic Engineer Rick
Perez, Senior Traffic Engineer Jesse Hannahs, Senior Traffic Engineer Maryanne Zukowski and Administrative Assistant II
Darlene LeMaster.
1. CALL TO ORDER
Committee Chair Kochmar called the meeting to order at 5:30 PM. All members were present.
2. APPROVAL OF MINUTES
The November 17, 2008 LUTC meeting minutes were approved.
Moved: Duclos Seconded: Ferrell Passed: 2-0, 1 Recusal
Committee Chair Kochmar recused herself as she had not been present at the previous LUTC meeting.
3. PUBLIC COMMENT
No public comment was received:
4. BUSINESS ITEMS
A. 2008 Electrical Code Adoption — Code Text Amendment
Lee Bailey provided background information on the item. There was no discussion.
Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0
Committee forwarded Option 1 to the January 20, 2009 City Council Ordinance Agenda for approval.
B. BPA Trail at SW 356`h Street Pedestrian Crosswalk Contract
Rick Perez provided background information on this item. Committee Chair Kochmar asked if the signal is
pedestrian activated and how this type of signal is performing nationwide as far as safety? Mr. Perez explained
that the signal will stay dark until pedestrian pushes the controller. Also, nationally, this type of pedestrian signal
has done remarkably well. This signal has been in operation in a few locations in St. Petersburg, Florida and has
been accepted by the feds as a safe and reliable. The City has requested to be able to install this type of pedestrian
signal citywide and has been given federal approval provided staff follows all federal guidelines. Chair Kochmar
asked how long the signal would be for the pedestrian to get across the street. Mr. Perez explained that the signal
will start out a little longer that what would be considered normal (approx. 40 seconds in duration) and would then
be adjusted over time as necessary. Chair Kochmar asked how the cost of this signal compares to the cost of a
four-way signal. Mr. Perez answered that at approximately $28K, the pedestrian signal is considerably less than
the $250K cost of a four-way traffic signal.
Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0
Committee forwarded Option 1 to the January 20, 2009 City Council Consent Agenda for approval.
C. Community Center Emergency Generator Installation Contract — Bid Award
Ken Miller provided background information on this item. Committee Member Duclos inquired as to what all
the generator could supply. Mr. Miller commented that this is a 1,000 AMP generator and based on usage
records, is capable of supplying power to the entire Community Center. The generator will supply
approximately 700 AMPs to power the Community Center, running at about 70% capacity. The pools are
G:U.UTC\LUTC Agendas and Summaries 2009\01-05-09 N inutes.doc
Land Use/Transportation Committee
Page 2 January 5, 2009
heated with natural gas and therefore would not use the generator power to heat them. Committee Member
Ferrell asked what would be the benefit to keeping �eM'ller exheated
lained that because t takes a few days to
generator. Wouldn't we want to conserve energy. P
heat the pools once they have cooled down, it would most likely expend more energy to reheat the pools
versus maintaining their temperature over the course of a power outage. Committee Member Ferrell asked
what type of fuel the generator runs on and does the City have locations or
vedotank rs et up tur b ain u el in an
emergency. Mr. Miller sated the generator runs on diesel, has a 3,000 gallon
is
activated by an automatic transfer switch. The City has vendors to supply fuel to City Hall and the evidence
er
building during an emergency.
on gte m the event f an emergency. ittee Member Ferrell
Staff will l look into optione to consider a s for fueling supply
and storage.
and diesel available
Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0
Committee forwarded Option 1 to the January 6, 2009 City Council Consent Agenda for approval.
D. City Center Access Project (CCAP)
Maryanne Zukowski along with Joh Perlic of Parametrix provided background information on this item.
One public comment was received:
H. David Kaplan, Federal Way resident and member of Public Stakeholder Team for Ph. 1 and 2 of CCAP —
Mr. Kaplan believes that mitigation is a huge part of what will make this project succeed. In his opinion, Mr.
Kaplan feels that the project with adequate mitigation could benefit Steel Lake Park as well as improve traffic
congestion within the city core.
1 would affect the viability and usability of Steel Lake Park.
Committee Member Ferrell asked how Alternative
Ms. Zukowski explained that currently with two alternatives being evaluated, the preliminary designs look at the
broadest effects of each alternative. Once Council chooses an alternative, impacts to the alternative area will be
ast amount of area, residents, environment, etc.
looked at to see where the design can be revised to affect the le
while making the most positive impact to the traffic congestion. The intent is to avoid or minimize all
environmental impacts to Steel Lake Park and there are ways to mitigate in order to save the park. Some benefits
to mitigation include walkways, bike paths/lanes, sidewalks, water quality, etc.
Committee Member Duclos commented on being a public stakeholder during Phase 1 of the project and gave some
personal opinion on the process. Are there other options to S 312'' or S 32e St? Committee Member Duclos
shared that other options had been suggested but not looked into... possibly good alternatives. Ms. Zukowski
explained the alternative selection process, the roles of both the Core team and the Public Stakeholder teams, and
described examples ti "fatal flaws" in some of the alternatives. The Core team used a non-discriminatory method
to evaluate each alternative as a way of rule out alternatives. The public team was made aware of the process and
it was reasonable that the public team came into the process with 15 alternatives remaining as they did not have
the knowledge needed to adequately evaluate all of the original alternatives (note: all 47 original alternatives were
originally presented to the public stakeholder team for comment; those comments were presented to City Council
and then dismissed).
or
2. between S
Committee Member Ferrell asked if there was288 St third 296'' St,tS 304d'ive to tSt andther 1tS1312'` St were all considered.
and S 320'' St. Ms. Zukowski sated that S ,
c demands for the next 30 years.
Unfortunately, mostofr Ferrells
salso noted tions th t any of the alternat't suffice ives north of S 312thSt would have affected even
e city's traffi
Committee Membebe
more'residential communities than S 312'' St (Alt. 1).
Chair Kochmar asked if the Obama Stimulus Package would be an option for funding for any of the elements of
the project. Ms. Zukowski said that yes, the southbound ramps at S 320'` St will be eligible for funding from the
stimulus package.
Chair Kochmar asked how many residents may be affected east of I-5. Mz. Zukowski answered the right now, it is
not certain as we have forecasted the broadest number of impacts. Once an alternative is selected, design will be
done to work around as many obstacles as possible. Right now it is estimated that four to seven residences may be
affected by either alternative.
G:\LUTC\LUTC Agendas and summaries 2009\01-05-09 Nfinutes.doc
Land Use/Transportation Committee Page 3 January 5, 2009
Committee Member Duclos said that these residents are stuck. Being affected by the future project, they can't sell.
What can the City do as far as mitigation? ACM Roe explained that there will be a conversation about the early
purchases of right of way well in advance of the project. Staff will evaluate and present their recommendations to
Council for approval. Since the Environmental Assessment (EA) is anticipated to be finished in December 2009,
Chair Kochmar asked when staff would want to discuss mitigation costs. Mitigation costs will be discussed during
the 2009/2010 mid -biennium budget cycle. Ms. Zukowski and staff are working with area residents. Committee
Member Duclos would like to be kept in the loop of all communication efforts between staff and residents.
Committee Chair Kochmar asked about upcoming presentations on the CCAP. Ms. Zukowski responded that
there are two presentations in March, one for information only and one action item. Chair Kochmar acknowledged
all of the work that has gone into this project thus far and complimented staff on a job well done. ACM Roe
assured the committee that staff will give ample opportunity for the project's alternatives to be presented with
enough time for Council to ask questions in order to make an informed decision on an alternative.
There was no action taken on this item as it was for "information only."
5. FUTURE MEETING
The next regular LUTC meeting falls on a holiday (January 19) and will therefore be cancelled; therefore, the next
regularly scheduled LUTC meeting will be February 2, 2009 at 5:30 PM.
6. ADJOURN
The meeting adjourned at 6:40 PM.
G:\LUTCV.UfC Agendas and Summaries 2009\01-05-09 Minutes.doc
COUNCIL MEETING DATE: February 17, 2009 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 500 Gallon Above Ground Fuel Tank- Final Project Acceptance and Retainage Release
POLICY QUESTION: Should the Council accept the 500 Gallon Above Ground Fuel Tank Project constructed
by ESE Corporation as complete?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 2, 2009
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ® Other
STAFF REPORT BY: Ray Gross, Emergency Management Coordinator DEPT: Public Works
46
Attachments: Land Use and Transportation Committee memorandum dated February 2, 2009.
Options Considered:
I. Authorize final acceptance of the 500 Gallon Above Ground Fuel Tank Project constructed by ESE
Corporation, in the amount of $60,106.64 as complete.
2. Do not authorize final acceptance of the completed 500 Gallon Above Ground Fuel Tank Project
constructed by ESE Corporation as complete and provide direction to staff.
STAFF RECOMMENDATION: Staff recommends Option 1.
CITY MANAGER APPROVAL: DIRECTOR APPROVAL: O*fl�
C ee cil Committee Council
COMMITTEE RECOMMENDATION: Forward staff recommendation to the February 17, 2009 City Council
Consent Agenda for approval.
Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member
PROPOSED COUNCIL MOTION: "I move approval of final acceptance of the 500 Gallon Above Ground Fuel
Tank Project constructed by ESE Corporation, in the amount of $60,106.64 as complete."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: February 2, 2009
TO: Land Use and Transportation Committee
VIA• Cary M. Roe, P. E., Assistant City Manager, Chief Operations Officer, Emergency
Manager
FROM: Ray Gross, Emergency Management Coordinator P6
SUBJECT: 500 Gallon Above Ground Fuel Tank- Final Project Acceptance and Retainage
Release
BACKGROUND:
Prior to release of retainage on a Public Works construction project, the City Council must accept the work as
complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The
above -referenced contract with ESE Corporation is complete. The final construction contract amount is
$60,106.64. This is $4,067.03 below the $64.173.67 (including contingency) budget that was approved by City
Council on July 1, 2008.
cc: Project File
K:\LUTC\2009\02-02-09 Above Ground Fuel Tank - Project accepance.doc
COUNCIL MEETING DATE: February 17, 2009 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: South 3566' Street at SR 99 Intersection Improvements Project – Bid Award
POLICY QUESTION: Should the Council award the South 35661 Street at SR 99 Intersection Improvements Project to the
lowest responsive, responsible bidder?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 2, 2009
CATEGORY:
® Consent ❑ Ordinance
❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Marwan Salloum, RE Public Works Director DEPT: Public Works
--
Attachments: Land Use and Transportation Committee memorandum dated February 2, 2009
_Options Considered--_....._._.._....._.......__..._..._....---._..._.._..__...._........_....._..._._._.....----..._..-.._._....__.-----.—.__.._._---.---.-__—_
1. Award the South 356`x' Street at SR 99 Intersection Improvements Project to Ceccanti, Inc. the lowest responsive,
responsible bidder in the amount of $2,632,903.10 and approve a 10% contingency of $263,290.31, for a total of
$2,896,193.41, and authorize the City Manager to execute the contract. Award of Schedule B (Lakehaven's portion
of the project) is contingent upon Lakehaven Utility District Board approval to award Schedule B as bid.
2. Reject all bids for the South 3566i Street at SR 99 Intersection Improvements Project and direct staff to rebid the
project and return to Committee for further action.
3. Do not award the South 35661 Street at SR 99 Intersection Improvements Project to the lowest responsive,
responsible bidder and provide direction to staff.
STAFF RECOMMENDATION: Staff recommends Option 1.
CITY MANAGER APPROVAL:
DIRECTOR APPROVAL:
Council
COMMITTEE RECOMMENDATION: Place Option 1 on the February 17, 2008 Council Consent Agenda for approval
Council
Linda Kochmar, Chair Jim Ferrel, Member Dini Duclos, Member
PROPOSED COUNCIL MOTION: "Award the South 356th Street at SR 99 Intersection Improvements Project to
Ceccanti, Inc. the lowest responsive, responsible bidder in the amount of $2,632,903.10 and approve a 10% contingency
of $263,290.31, for a total of $2,896,193.41, and authorize the City Manager to execute the contract. Award of Schedule
B (Lakehaven's portion of the project) is contingent upon Lakehaven Utility District Board approval to award Schedule B
as bid."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: February 2, 2009
TO: Land Use and Transportation Committee
VIA: Cary M. Roe, P. E., Assistant City Manager, Clef Operations Office, Emergency Manager l�
FROM: Marwan Salloum, P.E., Public Works Director t1.
John Mulkey, P.E., Street Systems Project Engineer , O -
SUBJECT: South 356th Street at SR 99 Intersection Improvements Project — Bid Award
BACKGROUND
Fourteen (14) bids were received and opened on January 22. 2009 for the South 356th Street at SR 99 Intersection
Improvements Project. See attached Bid Tabulation Summary. The lowest responsive, responsible bidder is
Ceccanti, Inc. with a total bid of $2,632,903.10. The low bid received was (40%) below the engineer estimate.
Reference checks on Ceccanti, Inc. by City staff indicates that the contractor has performed similar work. As a
result, City staff believes Ceccanti, Inc. can successfully complete this project to the City's satisfaction.
Therefore the lowest responsive, responsible bidder is Ceccanti, Inc. in the amount of $2,632,903.10.
PROJECT ESTIMATED EXPENDITURES:
Planning and Design
ROW Acquisition
$ 1,007,000
1,729,000
2009 Construction Cost (Bid Amount) 2,632,903
10% Construction Contingency 263,290
12.5% Construction Management 329,112
TOTAL PROJECT COSTS $5,961,305
AVAILABLE FUNDING:
Grant Funding (TIB)
$ 3,410,973
Budgeted amount (2003)
1,120,000
Utility Tax (2007 Budget)
200,000
Misc Transfer (2007)
450,000
Mitigation
1,546,662
Interest Earning
240,932
Re -appropriation to project 132 (2003)
(16,171)
Lakehaven Utility District
48,015
TOTAL AVAILABLE BUDGET
$7,000,411
BALANCE
$1,039,106
cc: Project File
K:\LUTC\2009\02-02-09 S356th Street at SR99 Intersection Improvements Project - Bid Award.doc
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COUNCIL MEETING DATE: February 17, 2009 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Amendments to Federal Way City Code (FWCC) Chapter 22 "Zoning," regarding expanding the zones
where churches are allowed, church development standards, single-family residence height in the SE zone, and
Community Design Guidelines.
POLICY QUESTION: Should the City approve amendments to the FWCC Chapter 22 "Zoning, " regarding expanding the
zones where churches are allowed, and amending development standards for churches, single-family residence height in
the SE zone, and Community Design Guidelines?
COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: February 2, 2009
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Contract Senior Planner Jim Harris DEPT: Community Development Services
Background: The proposed zoning code amendments pertaining to allowing churches in all zones and modifying the Community
Design Guidelines standards related to maximum fagade length was included in the 2008 Planning Commission Work Program.
The amendments will allow churches as a new permissible use in the Professional Office (PO), Office Park (OP), and Commercial
Enterprise (CE) zones; make consistent and clarify church development standards for all zones; change the maximum permissible
height for a single-family residence in the Suburban Estates (SE) zone to 30 feet for consistency with other single family
residential zones; modify the Community Design Guidelines in regard to building fagades which exceed 120 feet in length; and
address other clarifications as deemed necessary. The Planning Commission conducted a public hearing on January 7, 2009, and
recommended that the City Council approve the proposed amendments as recommended by staff.
Attachments: (1) Draft Adoption Ordinance with Exhibit A — Proposed Amendments as Recommended by the Planning
Commission; (2) Staff Report to the Planning Commission for the December 17, 2008, Public Hearing (postponed to January 7,
2009) (The staff report is located in a binder in the City Council offices); and (3) Draft Minutes of the January 7, 2009, Planning
Commission Public Hearing. Please note that
Options Considered: (1) Adopt the Planning Commission's recommendation as shown in Exhibit A to the Draft Adoption
Ordinance; (2) Adopt the Planning Commission's recommendation as modified by the LUTC; or (3) Do not adopt the
amendments.
STAFF RECOMMENDATION: Staff recommends that the Council approve Option #1; adopt the Planning Commission's
recommendation as shown in Exhibit Awe Draft Adoption Ordinance.
CITY MANAGER APPROVAL: DIRECTOR APPROVAL' 6W_—
Co ee Council Committee Council
COMMITTEE RECOMMENDATION: Forward Option #1; adopt the Planning Commission's recommendation as shown in
Exhibit A to the Draft Adoption Ordinance to full Council on February 17, 2009, for first reading.
Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member
PROPOSED COUNCIL MOTION(S):
1sT READING OF ORDINANCE (2/17/09): 1 move to forward the ordinance to a second reading for enactment on the March
3, 2009, consent agenda.
2"° READING OF ORDINANCE (3/3/09): `1 move approval of the LUTC's recommendation to approve the code
amendments, which are attached as Exhibit A to the Adoption Ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED -02/06/2006 RESOLUTION #
K:\2008 Code Amendments\Allowable Church Zones\LUTC\Agenda Bill.doc
CITY OF FEDERAL WAY
ORDINANCE NO. 08 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO ALLOWING CHURCHES IN ALL ZONING
DISTRICTS, MODIFYING DEVELOPMENT STANDARDS FOR CHURCHES,
MODIFYING THE COMMUNITY DESIGN GUIDELINES, AND MODIFYING THE
HEIGHT STANDARD FOR DETACHED DWELLING UNITS IN THE SUBURBAN
ESTATES ZONING DISTICT; AMENDING FEDERAL WAY CITY CODE (FWCC)
CHAPTER 22 "ZONING," ARTICLE XI "DISTRICT REGULATIONS" SECTIONS
22-596 (SE), 22-601 (SE), 22-635 (RS), 22-671 (RM), 22-731 (BN), 22-754 (BC), 22-799
(CC -C), AND 22-812 (CC -F); ARTICLE XIX "COMMUNITY DESIGN
GUIDELINES" SECTION 22-1638 AND 22-1639; AND ADOPTING NEW ZONE USE
CHARTS FOR THE BC, CC -F, CC -C, PO, OP AND CE ZONING DISTRICTS.
WHEREAS, the City recognizes an increase in applications and requests to allow churches in all
zoning districts; and
WHEREAS, Federal Way City Code (FWCC) Chapter 22 "Zoning," does not currently permit church
use in the Professional Office (PO), Office Park (OP), and Commercial Enterprise (CE) zoning districts;
and
WHEREAS, Federal Way City Code (FWCC) Chapter 22 "Zoning," Article XIX Community Design
Guidelines currently prohibits some building facades from exceeding 120 feet in length; and
WHEREAS, the adoption of other code amendments, including but not limited to, modifying the height
standard for a dwelling unit in the SE zoning district, and other amendments to allowing church use and
church development standards will respond to the evolving nature of churches, result in consistent
regulation across zoning districts and increase code efficiency; and
WHEREAS, certain other code amendments will help implement the principal amendments or increase
code efficiency, including but not limited to, adopting new or updated use zone charts; and
WHEREAS, amendments to the Federal Way City Code (FWCC) text are authorized by FWCC
Section 22-216 pursuant to Process VI review; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was issued for the proposal
on November 22, 2008, and no comments or appeals were received and the DNS was finalized on
December 22, 2008; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code
amendments on January 7, 2009, and forwarded a recommendation of approval to the City Council; and
Ord No. 09 — , Page 1
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered
these code amendments on February 2, 2009, following which it recommended adoption of the text
amendments as recommended by the Planning Commission; and
WHEREAS, the City of Federal Way finds that the code amendments meet the intent of Chapter
36.70A RCW, Growth Management; and
WHEREAS, the City of Federal Way finds that the code amendments will implement and are
consistent with the Federal Way Comprehensive Plan; and are consistent with the intent and purpose of
FWCC Chapter 22 "Zoning," to provide for and promote the health, safety, and welfare of the general
public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following findings with
respect to the proposed code amendments.
A. The amendments will address current code deficiencies and serve the public interest by
establishing specific and detailed regulations related to churches, structure height, and building
fagade design.
B. As a result of both the evolving nature of churches as both a place to worship and a community
gathering place, and the uniqueness of the PO, OP, and CE zoning districts, churches are now
appropriate uses for these zones and would be compatible with other permissible uses in these
zoning districts.
C. These code amendments comply with Chapter 36.70A RCW, Growth Management.
D. These code amendments are consistent with the intent and purpose of FWCC Chapter 22
"Zoning," and will implement and are consistent with the applicable provisions of the Federal
Way Comprehensive Plan.
E. After full and careful consideration, the City Council of the City of Federal Way finds that the
proposed code amendments will protect and will not adversely affect the public health, safety, or
welfare.
F. These code amendments are in the best interests of the residents of the City of Federal Way.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings
set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the adoption of the proposed amendments:
1. The proposed FWCC text amendments are consistent with, and substantially implement, the
following Federal Way Comprehensive Plan goals and policies:
Ord No. 09 — , Page 2
LUPI Use residential design performance standards to maintain neighborhood character and
ensure compatibility with surrounding uses.
LUN Maximize efficiency of the development review process.
LUP6 Conduct regular reviews of development regulations to determine how to improve
upon the permit review process.
2. The proposed FWCC text amendment bears substantial relationship to the public health, safety,
and welfare because it provides for a variety of uses in the PO, OP, and CE zones by allowing
churches, and provides consistent development standards for churches.
And
3. Approval of the proposed code amendment would benefit the City as a whole as it would help
ensure that churches are allowed in all zoning districts. The design standard modifications would
help to ensure quality design of buildings and structures, while providing for a variety of design
alternatives. In addition, modifying FWCC Chapter 22 to reduce the maximum permissible
dwelling unit height in the SE zone; making development standards consistent for churches
across zones; allowing churches in the PO, OP, and CE zones; and removing the 120 -foot
maximum fagade length standard will result in high quality development and consistent standards
between zoning district and will provide churches the opportunity to locate in an any zoning
district in the City.
Section 3. Amendment. FWCC Chapter 22 "Zoning," Article XI "District Regulations" Sections 22-
596 (SE), 22-601(SE), 22-635 (RS), 22-671 (RM), 22-731 (BN), 22-754 (BC), 22-799 (CC -C), 22-812
(CC -F); and Article XIX, "Community Design Guidelines" Section 22-1638 and 22-1639 are amended;
and new zone use charts are created as set forth in the attached Exhibit A.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Ord No. 09 — , Page 3
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication
as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
the day of 12009.
APPROVED:
Mayor, Jack Dovey
ATTEST:
City Clerk, Carol McNeilly
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO:
K:\2008 Code Amendments\Allowable Church Zones\LUTC\Adoption Ordinance.doc
Ord No. 09 — , Page 4
Section 302.4, "Weeds"
All property shall be maintained free from weeds or plant growth in excess of 9" in yards and
24" in undeveloped areas. All noxious weeds shall be prohibited. Weeds shall be defined as all
grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term
shall not include cultivated flowers and gardens.
Section 304.13, "Window, Skylight and Door Frames"
Every window, skylight and door and frame shall be kept in sound condition, good repair and
weather tight.
Exhibit A
FEDERAL WAY CITY CODE (FWCC)
Chapter 22, "Zoning"
Article XI District Regulations Sections
22-596 (SE), 22-601 (SE), 22-635 (RS), 22-671 (RM),
22-731 (BN), 22-754 (BC), 22-799 (CC -C), & 22-812 (CC -F)
Article XIX Community Design Guidelines Sections
22-1638 & 22-1639
Article XI District Regulations New Sections
22-75X (BC), 22-7XX (CC -C),
22-8XX (CC -F), 22-6XX (PO), 22-8XX (OP) & 22-87X
(CE)
KA\2008 Code Amendments\Allowable Church Zones\LUTC\Exhibit A Cover Sheet.doc
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FWCC Chapter 22, Article XIX
Community Design Guidelines
Sections:
22-1630 Purpose.
22-1631 Administration.
22-1632 Applicability.
22-1633 Definitions.
22-1634 Site design — All zoning districts.
22-1635 Building design — All zoning districts.
22-1636 Building and pedestrian orientation — All zoning districts.
22-1637 Mixed-use residential buildings in commercial zoning districts.
22-1638 District guidelines.
22-1639 Institutional uses.
22-1640 Design criteria for public on-site open space.
22-1641 Design for cluster residential subdivision lots.
22-1642 — 22-1650 Reserved.
22-1630 Purpose.
The purpose of this article is to:
(1) Implement community design guidelines by:
a. Adopting design guidelines in accordance with land use and development policies established
in the Federal Way comprehensive plan and in accordance with Crime Prevention Through
Environmental Design (CPTED) Guidelines.
b. Requiring minimum standards for design review to maintain and protect property values and
enhance the general appearance of the city.
c. Increasing flexibility and encouraging creativity in building and site design, while assuring
quality development pursuant to the comprehensive plan and the purpose of this article.
d. Achieving predictability in design review, balanced with administrative flexibility to consider
the individual merits of proposals.
e. Improving and expanding pedestrian circulation, public open space, and pedestrian amenities in
the city.
(2) Implement Crime Prevention Through Environmental Design (CPTED) principles by:
a. Requiring minimum standards for design review to reduce the rate of crime associated with
persons and property, thus providing for the highest standards of public safety.
b. CPTED principles are functionally grouped into the following three categories:
1. Natural Surveillance. This focuses on strategies to design the built environment in a manner
that promotes visibility of public spaces and areas.
2. Access Control. This category focuses on the techniques that prevent and/or deter
unauthorized and/or inappropriate access.
3. Ownership. This category focuses on strategies to reduce the perception of areas as
"ownerless" and, therefore, available for undesirable uses.
c. CPTED principles, design guidelines, and performance standards will be used during project
development review to identify and incorporate design features that reduce opportunities for criminal
activity to occur. The effectiveness of CPTED is based on the fact that criminals make rational choices
about their targets. In general:
1. The greater the risk of being seen, challenged, or caught, the less likely they are to commit a
crime.
Church Use, Development Standards, and Community Design Guidelines — Code Amendments 12/17/08
2. The greater the effort required, the less likely they are to commit a crime.
3. The lesser the actual or perceived rewards, the less likely they are to commit a crime.
d. Through the use of CPTED principles, the built environment can be designed and managed to
ensure:
1. There is more chance of being seen, challenged, or caught;
2. Greater effort is required;
3. The actual or perceived rewards are less; and
4. Opportunities for criminal activity are minimized. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-
333, § 3, 1-19-99; Ord. No. 00-382, § 3, 1-16-01; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 06-515, § 3, 2-7-06; Ord.
No. 07-554, § 5(Exh. A(15)), 5-15-07)
22-1631 Administration.
Applications subject to community design guidelines and Crime Prevention Through Environmental
Design (CPTED) shall be processed as a component of the governing land use process, and the director of
community development services shall have the authority to approve, modify, or deny proposals under
that process. Decisions under this article will consider proposals on the basis of individual merit and will
encourage creative design alternatives in order to achieve the stated purpose and objectives of this article.
Decisions under this article are appealable using the appeal procedures of the applicable land use process.
(Ord. No. 96-271, § 3, 7-2-96; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 00-382, § 3, 1-
16-01; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 07-554, § 5(Exh. A(15)), 5-15-07)
22-1632 Applicability.
This article shall apply to all development applications except single-family residential, subject to
Chapter 22 FWCC, Zoning. Project proponents shall demonstrate how each CPTED principle is met by
the proposal, or why it is not relevant by either a written explanation or by responding to a checklist
prepared by the city. Subject applications for remodeling or expansion of existing developments shall
meet only those provisions of this article that are determined by the director to be reasonably related and
applicable to the area of expansion or remodeling. This article in no way should be construed to supersede
or modify any other city codes, ordinances, or policies that apply to the proposal. (Ord. No. 96-271, § 3, 7-
2-96; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 00-382, § 3, 1-16-01; Ord. No. 03-443,
§ 3, 5-20-03; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 07-554, § 5(Exh. A(15)), 5-15-07)
22-1633 Definitions.
(1) Active use(s) means uses that by their very nature generate activity, and thus opportunities for
natural surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc.
(2) Arcade means a linear pedestrian walkway that abuts and runs along the facade of a building. It is
covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its
open side. There may be habitable space above the arcade.
(3) Awning means a roof -like cover that is temporary or portable in nature and that projects from the
wall of a building for the purpose of shielding a doorway or window from the elements.
(4) Canopy means a permanent, cantilevered extension of a building that typically projects over a
pedestrian walkway abutting and running along the facade of a building, with no habitable space above
the canopy. A canopy roof is comprised of rigid materials.
(5) Common/open space area means area within a development which is used primarily by the
occupants of that development, such as an entryway, lobby, courtyard, outside dining area, etc.
(6) Natural surveillance means easy observation of buildings, spaces, and activities by people passing
or living/working/recreating nearby.
(7) Parking structure means a building or structure consisting of more than one level, above and/or
below ground, and used for temporary storage of motor vehicles.
Church Use, Development Standards, and Community Design Guidelines - Code Amendments 12/17/08
(8) Plaza means a pedestrian space that is available for public use and is situated near a main entrance
to a building or is clearly visible and accessible from the adjacent right-of-way. Typical features and
furnishings include special paving, landscaping, pedestrian -scale lighting, seating areas, weather
protection, water features, art, trash receptacles, and bicycle racks.
(9) Public on-site open space means a passive and/or active recreational area designed specifically for
use by the general public as opposed to serving merely as a setting for the building. Such areas may
include parks, gardens, plazas, entrance lobbies, arboretums, solariums, and bandstands, or an approved
combination thereof, and may contain exterior and/or interior spaces. Such areas shall be easily accessible
from adjacent public areas and available to the public at least 12 hours each weekday. Public on-site open
space may be privately owned, but must be permanently set aside and maintained for the use and benefit
of the public.
(10) Right-of-way means land owned, dedicated or conveyed to the public, used primarily for the
movement of vehicles, wheelchair and pedestrian traffic, and land privately owned, used primarily for the
movement of vehicles, wheelchair and pedestrian traffic; so long as such privately owned land has been
constructed in compliance with all applicable laws and standards for a public right-of-way.
(11) Sight line means the line of vision from a person to a place or building.
(12) Streetscape means the visual character and quality of a street as determined by various elements
located between the street and building facades, such as trees and other landscaping, street furniture,
artwork, transit stops, and the architectural quality of street -facing building facades.
(13) Streetscape amenities, as used in this article, means pedestrian -oriented features and furnishings
within the streetscape, such as bench seats or sitting walls, weather protection, water features, art, transit
stops with seating, architectural facade treatments, garden space associated with residences, pedestrian -
scale lighting, landscaping that does not block views from the street or adjacent buildings, special paving,
kiosks, trellises, trash receptacles, and bike racks.
(14) Surface parking lot means an off-street, ground level open area, usually improved, for the
temporary storage of motor vehicles.
(15) Transparent glass means windows that are transparent enough to permit the view of activities
within a building from nearby streets, sidewalks and public spaces. Tinting or some coloration is
permitted, provided a reasonable level of visibility is achieved. Reflective or very dark tinted glass does
not accomplish this objective.
(16) Water feature means a fountain, cascade, stream water, water wall, water sculpture, or reflection
pond. The purpose is to serve as a focal point for pedestrian activity. (Ord. No. 96-271, § 3, 7-2-96; Ord. No.
99-333, § 3, 1-19-99; Ord. No. 00-382, § 3, 1-16-01; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 06-515, § 3, 2-7-06;
Ord. No. 07-554, § 5(Exh. A(15)), 5-15-07)
22-1634 Site design — All zoning districts.
(a) General criteria.
(1) Natural amenities such as views, significant or unique trees, creeks, riparian corridors, and similar
features unique to the site should be incorporated into the design.
(2) Pedestrian areas and amenities should be incorporated in the overall site design. Pedestrian areas
include but are not limited to outdoor plazas, arcades, courtyards, seating areas, and amphitheaters.
Pedestrian amenities include but are not limited to outdoor benches, tables and other furniture, balconies,
gazebos, transparent glass at the ground floor, and landscaping.
(3) Pedestrian areas should be easily seen, accessible, and located to take advantage of surrounding
features such as building entrances, open spaces, significant landscaping, unique topography or
architecture, and solar exposure.
(4) Project designers shall strive for overall design continuity by using similar elements throughout
the project such as architectural style and features, materials, colors, and textures.
(5) Place physical features, activities, and people in visible locations to maximize the ability to be
seen, and therefore, discourage crime. For example, place cafes and food kiosks in parks to increase
Church Use, Development Standards, and Community Design Guidelines — Code Amendments 12/17/08
natural surveillance by park users, and place laundry facilities near play equipment in multiple -family
residential development. Avoid barriers, such as tall or overgrown landscaping or outbuildings, where
they make it difficult to observe activity.
(6) Provide access control by utilizing physical barriers such as bollards, fences, doorways, etc., or by
security hardware such as locks, chains, and alarms. Where appropriate, utilize security guards. All of
these methods result in increased effort to commit a crime and, therefore, reduce the potential for it to
happen.
(7) Design buildings and utilize site design that reflects ownership. For example, fences, paving, art,
signs, good maintenance, and landscaping are some physical ways to express ownership. Identifying
intruders is much easier in a well-defined space. An area that looks protected gives the impression that
greater effort is required to commit a crime. A cared -for environment can also reduce fear of crime. Areas
that are run down and the subject of graffiti and vandalism are generally more intimidating than areas that
do not display such characteristics.
(b) Surface parking lots.
(1) Site and landscape design for parking lots are subject to the requirements of Article XVII of this
chapter.
(2) Vehicle turning movements shall be minimized. Parking aisles without loop access are
discouraged. Parking and vehicle circulation areas shall be clearly delineated using directional signage.
(3) Driveways shall be located to be visible from the right-of-way but not impede pedestrian
circulation on-site or to adjoining properties. Driveways should be shared with adjacent properties to
minimize the number of driveways and curb cuts.
(4) Multi -tenant developments with large surface parking lots adjacent to a right-of-way are
encouraged to incorporate retail pads against the right-of-way to help break up the large areas of
pavement.
(5) See FWCC 22-1638 for supplemental guidelines.
(c) Parking structures (includes parking floors located within commercial buildings).
(1) The bulk (or mass) of a parking structure as seen from the right-of-way should be minimized by
placing its short dimension along the street edge. The parking structure should include active uses such as
retail, offices or other commercial uses at the ground level and/or along the street frontage.
(2) Parking structures which are part of new development shall be architecturally consistent with
exterior architectural elements of the primary structure, including rooflines, facade design, and finish
materials.
(3) Parking structures should incorporate methods of articulation and accessory elements, pursuant to
FWCC 22-1635(c)(2), on facades located above ground level.
(4) Buildings built over parking should not appear to "float" over the parking area, but should be
linked with ground level uses or screening. Parking at grade under a building is discouraged unless the
parking area is completely enclosed within the building or wholly screened with walls and/or landscaped
berms.
(5) Top deck lighting on multi-level parking structures shall be architecturally integrated with the
building, and screened to control impacts to off-site uses. Exposed fluorescent light fixtures are not
permitted.
(6) Parking structures and vehicle entrances should be designed to minimize views into the garage
interior from surrounding streets. Methods to help minimize such views may include, but are not limited
to, landscaping, planters, and decorative grilles and screens.
(7) Security grilles for parking structures shall be architecturally consistent with and integrated with
the overall design. Chain-link fencing is not permitted for garage security fencing.
(8) See FWCC 22-1638(c)(4) for supplemental guidelines.
(d) Pedestrian circulation and public spaces.
(1) Primary entrances to buildings, except for zero lot line townhouse development and attached
dwelling units oriented around an internal courtyard, should be clearly visible or recognizable from the
Church Use, Development Standards, and Community Design Guidelines — Code Amendments 12/17/08
right-of-way. Pedestrian pathways from rights-of-way and bus stops to primary entrances, from parking
lots to primary entrances, and pedestrian areas, shall be accessible and should be clearly delineated.
(2) Pedestrian pathways and pedestrian areas should be delineated by separate paved routes using a
variation in paved texture and color, and protected from abutting vehicle circulation areas with
landscaping. Approved methods of delineation include: stone, brick or granite pavers; exposed aggregate;
or stamped and colored concrete. Paint striping on asphalt as a method of delineation is not encouraged.
a
(d)
Pedtstrian pathways from R.O.W.
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Figure 2 - Sec. 22- 1634 (d)
Pedestrian connections
(3) Pedestrian connections should be provided between properties to establish pedestrian links to
adjacent buildings, parking, pedestrian areas and public rights-of-way.
(4) Bicycle racks should be provided for all commercial developments.
(5) Outdoor furniture, fixtures, and streetscape elements, such as lighting, freestanding signs, trellises,
arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone booths,
fencing, etc., should be incorporated into the site design.
(6) See FWCC 22-1638 for supplemental guidelines.
(e) Landscaping. Refer to Article XVII of this chapter for specific landscaping requirements and for
definitions of landscaping types referenced throughout this article.
(f) Commercial service and institutional facilities. Refer to FWCC 22-949 and 22-1564 for
requirements related to garbage and recycling receptacles, placement and screening.
(1) Commercial services relating to loading, storage, trash and recycling should be located in such a
manner as to optimize public circulation and minimize visibility into such facilities.
Service yards shall comply with the following:
Church Use, Development Standards, and Community Design Guidelines — Code Amendments 12/17/08
a. Service yards and loading areas shall be designed and located for easy access by service
vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a
nuisance for adjacent property owners.
b. Trash and recycling receptacles shall include covers to prevent odor and wind-blown litter.
c. Service yard walls, enclosures, and similar accessory site elements shall be consistent with the
primary building(s) relative to architecture, materials and colors.
d. Chain-link fencing shall not be used where visible from public streets, on-site major drive
aisles, adjacent residential uses, or pedestrian areas. Barbed or razor wire shall not be used.
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(2) Site utilities shall comply with the following:
a. Building utility equipment such as electrical panels and junction boxes should be located in an
interior utility room.
b. Site utilities including transformers, fire standpipes and engineered retention ponds (except
biofiltration swales) should not be the dominant element of the front landscape area. When these must be
located in a front yard, they shall be either undergrounded or screened by walls and/or Type I
landscaping, and shall not obstruct views of tenant common spaces, public open spaces, monument signs,
and/or driveways.
Church Use, Development Standards, and Community Design Guidelines — Code Amendments 12/17/08
(g) Miscellaneous site elements.
(1) Lighting shall comply with the following:
a. Lighting levels shall not spill onto adjacent properties pursuant to FWCC 22-954(c).
b. Lighting shall be provided in all loading, storage, and circulation areas, but shall incorporate
cut-off shields to prevent off-site glare.
c. Lighting standards shall not reduce the amount of landscaping required for the project by
Article XVII of this chapter, Landscaping.
(2) Drive-through facilities, such as banks, cleaners, fast food, drug stores and service stations, etc.,
shall comply with the following:
a. Drive-through windows and stacking lanes are not encouraged along facades of buildings that
face a right-of-way. If they are permitted in such a location, then they shall be visually screened from
such street by Type III landscaping and/or architectural element, or combination thereof; provided, such
elements reflect the primary building and provide appropriate screening.
b. The stacking lane shall be physically separated from the parking lot, sidewalk, and pedestrian
areas by Type III landscaping and/or architectural element, or combination thereof; provided, such
elements reflect the primary building and provide appropriate separation. Painted lanes are not sufficient.
c. Drive-through speakers shall not be audible off-site.
d. A bypass/escape lane is recommended for all drive-through facilities.
e. See FWCC 22-1638(d) for supplemental guidelines. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-
333, § 3, 1-19-99; Ord. No. 00-382, § 3, 1-16-01; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 06-515, § 3, 2-7-06; Ord.
No. 07-554, § 5(Exh. A(15)), 5-15-07)
22-1635 Building design — All zoning districts.
(a) General criteria.
(1) Emphasize, rather than obscure, natural topography. Buildings should be designed to "step up" or
"step down" hillsides to accommodate significant changes in elevation, unless this provision is precluded
by other site elements such as stormwater design, optimal traffic circulation, or the proposed function or
use of the site.
Emphasizing naU,rai topagrephy
(2) Building siting or massing shall preserve public viewpoints as designated by the comprehensive
plan or other adopted plans or policies.
(3) Materials and design features of fences and walls should reflect that of the primary building(s).
(b) Building facade modulation and screening options, defined. Except for zero lot line townhouse
development and attached dwelling units, all building facades that are both longer than 60 feet and are
visible from either a right-of-way or residential use or zone shall incorporate facade treatment according
to this section. Subject facades shall incorporate at least two of the four options described herein; except,
Church Use, Development Standards, and Community Design Guidelines — Code Amendments 12/17/08
however, facades that are solidly screened by Type I landscaping, pursuant to Article XVII of this
chapter, Landscaping, may use facade modulation as the sole option under this section. Options used
under this section shall be incorporated along the entire length of the facade, in any approved
combination. Options used must meet the dimensional standards as specified herein; except, however, if
more than two are used, dimensional requirements for each option will be determined on a case-by-case
basis; provided, that the gross area of a pedestrian plaza may not be less than the specified minimum of
200 square feet. See FWCC 22-1638(c) for guidelines pertaining to city center core and city center frame.
(1) Facade modulation. Minimum depth: two feet; minimum width: six feet; maximum width: 60 feet.
Alternative methods to shape a building, such as angled or curved facade elements, off -set planes, wing
walls and terracing, will be considered; provided, that the intent of this section is met.
(��MIN-GO�tiwM•
Figure 6 - Sec. 22 - 1635 (b)
Incorporating modulations
(2) Landscape screening. Eight -foot -wide Type II landscape screening along the base of the facade,
except Type IV may be used in place of Type II for facades that are comprised of 50 percent or more
window area, and around building entrance(s). For building facades that are located adjacent to a property
line, some or all of the underlying buffer width required by Article XVII of this chapter, Landscaping,
may be considered in meeting the landscape width requirement of this section.
MARri.,
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Figure7 - Sec. 22 -1635 (b)
Incorporating landscaped buffers
(3) Canopy or arcade. As a modulation option, canopies or arcades may be used only along facades
that are visible from a right-of-way. Minimum length: 50 percent of the length of the facade using this
option.
Church Use, Development Standards, and Community Design Guidelines — Code Amendments 12/17/08
Figure 8 - Sec. 22 - 1635 (b)
Incorporating canopy/arcade
(4) Pedestrian plaza. Size of plaza: Plaza square footage is equal to one percent of the gross floor area
of the building, but it must be a minimum of 200 square feet. The plaza should be clearly visible and
accessible from the adjacent right-of-way.
Figure 9 - See. 22 - 1635 (b)
Incorporating pedestrian plaza
(c) Building articulation and scale.
(1) Except for zero lot line townhouse development and attached dwelling units, building facades
visible from rights-of-way and other public areas should incorporate methods of articulation and
accessory elements in the overall architectural design, as described in subsection (c)(2) of this section.
Church Use, Development Standards, and Community Design Guidelines — Code Amendments 12/17/08
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(2) Methods to articulate blank walls: Following is a nonexclusive list of methods to articulate blank
walls, pursuant to FWCC 22-1564(u) and subsection (c)(1) of this section:
a. Showcase, display, recessed windows;
b. Window openings with visible trim material, or painted detailing that resembles trim;
c. Vertical trellis(es) in front of the wall with climbing vines or similar planting;
d. Set the wall back and provide a landscaped or raised planter bed in front of the wall, with plant
material that will obscure or screen the wall's surface;
e.. Artwork such as mosaics, murals, decorative masonry or metal patterns or grillwork,
sculptures, relief, etc., over a substantial portion of the blank wall surface. (The Federal Way arts
commission may be used as an advisory body at the discretion of the planning staff);
Church Use, Development Standards, and Community Design Guidelines — Code Amendments 12/17/08
f. Architectural features such as setbacks, indentations, overhangs, projections, articulated
cornices, bays, reveals, canopies, and awnings;
g. Material variations such as colors, brick or metal banding, or textural changes; and
h. Landscaped public plaza(s) with space for vendor carts, concerts and other pedestrian
activities.
(3) See FWCC 22-1638(c) for supplemental guidelines. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-333, §
3, 1-19-99; Ord. No. 00-382, § 3, 1-16-01; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 06-515, § 3, 2-7-06; Ord. No.
07-554, § 5(Exh. A(15)), 5-15-07)
22-1636 Building and pedestrian orientation — All zoning districts.
(a) Building and pedestrian orientation, for all buildings except zero lot line townhouse development
and attached dwelling units.
(1) Buildings should generally be oriented to rights-of-way, as more particularly described in FWCC
22-1638. Features such as entries, lobbies, and display windows should be oriented to the right-of-way;
otherwise, screening or art features such as trellises, artwork, murals, landscaping, or combinations
thereof should be incorporated into the street -oriented facade.
(2) Plazas, public open spaces and entries should be located at street corners to optimize pedestrian
access and use.
Figure 14 - Sec. 22 - 1636 (a)
Shared public spaces/plazas
(3) All buildings adjacent to the street should provide visual access from the street into human
services and activities within the building, if applicable.
(4) Multiple buildings on the same site should incorporate public spaces (formal or informal). These
should be integrated by elements such as plazas, walkways, and landscaping along pedestrian pathways,
to provide a clear view to destinations, and to create a unified, campus -like development. (Ord. No. 96-
271, § 3, 7-2-96; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 00-382, § 3, 1-16-01; Ord. No. 03-443, § 3, 5-
20-03; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 07-554, § 5(Exh. A(15)), 5-15-07)
22-1637 Mixed-use residential buildings in commercial zoning districts.
Facades of mixed-use buildings that front a public right-of-way shall meet the following guidelines:
(1) Residential component(s) shall contain residential design features and details, such as individual
windows with window trim, balconies or decks in upper stories, bay windows that extend out from the
building face, upper story setbacks from the building face, gabled roof forms, canopies, overhangs, and a
variety of materials, colors, and textures.
(2) Commercial component(s) shall contain individual or common ground -level entrances to adjacent
public sidewalks.
(3) Commercial and residential components may have different architectural expressions, but the
facade shall exhibit a number of unifying elements to produce the effect of an integrated project.
(4) If parking occupies the ground level, see FWCC 22-1634(c).
Church Use, Development Standards, and Community Design Guidelines — Code Amendments 12/17/08
19 gwc I-�-1CC. L_- Ir0 (a)
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(5) Landscaped gardens, courtyards, or enclosed terraces for private use by residents should be
designed with minimum exposure to the right-of-way. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-333, § 3, 1-
19-99; Ord. No. 00-382, § 3, 1-16-01; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 07-
554, § 5(Exh. A(15)), 5-15-07)
22-1638 District guidelines.
In addition to the foregoing development guidelines, the following supplemental guidelines apply to
individual zoning districts:
(a) Professional office (PO), neighborhood business (BN), and community business (BC).
(1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to
the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes
pedestrian access and circulation pursuant to FWCC 22-1634(d).
(2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and shall
incorporate windows and other methods of articulation.
(3) Building entrances shall be architecturally emphasized and shall incorporate transparent glass.
(4) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings,
and/or streetscape amenities, in a context -sensitive amount and combination, considering the scale of the
retail use(s) and entrance(s) to the overall building or development, and the proximity and access to other
existing plaza or streetscape features.
(5) Ground -level mirrored or reflective glass is not allowed adjacent to a public right-of-way or
pedestrian area.
(6) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not
screened by Type I landscaping as defined by Article XVII, shall utilize vinyl -coated mesh, powder -
coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern.
For residential uses only:
(7) All significant trees within a 20 -foot perimeter strip around the site shall be retained and/or
replaced within the applicable required landscape buffer.
(8) Landscaped yards shall be provided between building(s) and public street(s). Parking lots should
be beside or behind buildings that front upon streets.
(9) Parking lots should be broken up into rows containing no more than 10 adjacent stalls, separated
by planting areas.
(10) Pedestrian walkways (minimum six feet wide) shall be provided between the interior of the
project and the public sidewalk.
(11) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields.
Church Use, Development Standards, and Community Design Guidelines — Code Amendments 12/17/08
V
Figure 16 - Sec. 22 - 1638 (a)
(12) Principal entries to buildings shall be highlighted with plaza or garden areas containing planting,
lighting, seating, trellises and other features. Such areas shall be located and designed so windows
overlook them.
Figure 17 - Sec. 22 - 1638 (a)
(13) Common recreational spaces shall be located and arranged so that windows overlook them.
Figure 18 - Sec. 22 - 1638 (a)
Church Use, Development Standards, and Community Design Guidelines — Code Amendments 12/17/08
(14) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent to them so
those exterior portions of the site are controlled by individual households.
Figure 19 - Sec. 22 - 1638 (a)
(15) All new buildings, including accessory buildings such as carports and garages, shall appear to
have a roof pitch ranging from at least 4:12 to a maximum of 12:12.
(16) Carports and garages in front yards should be discouraged.
(17) The longest dimension of any building f , ade shall not eeed 120 feet. Buildings on the
site may be eenneeted by pedestrian walleways. Building facades that exceed 120 feet in length and are
visible from an adiacent residential zone right-of-way, public park or recreation area shall incorporate a
significant structural modulation (offset). The minimum depth of the modulation shall be approximately
equal to 10 percent of the total length of the subject facade and the minimum width shall be
approximately twice the minimum depth. The modulation shall be integral to the building structure from
base to roofline.
(18) Buildings should be designed to have a distinct "base," "middle" and "top." The base (typically
the first floor) should contain the greatest number of architectural elements such as windows, materials,
details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison, may be
simple. (Note: single -story buildings have no middle.) The top should avoid the appearance of a flat roof
and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc.
Church Use, Development Standards, and Community Design Guidelines — Code Amendments 12/17/08
154 00 1 -Mal _00 U0215
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(19) Residential design features, including but not limited to entry porches, projecting window bays,
balconies or decks, individual windows (rather than strip windows), offsets and cascading or stepped roof
forms, shall be incorporated into all buildings. Window openings shall have visible trim material or
painted detailing that resembles trim.
(20) Subsection (a)(! 3) (a)(1 5of this section shall apply to self-service storage facilities.
(b) Office park (OP), corporate park (CP), and commercial enterprise (CE).
(1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to
the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes
pedestrian access and circulation pursuant to FWCC 22-1634(d).
(2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way.
(3) Building entrances shall be architecturally emphasized and shall incorporate transparent glass.
(4) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings,
and/or streetscape amenities, in a context -sensitive amount and combination, considering the scale of the
retail use(s) and entrance(s) to the overall building or development, and the proximity and accessibility
from the building to other existing plaza or streetscape features.
(5) Ground -level mirrored or reflective glass is not allowed adjacent to a public right-of-way or
pedestrian area.
(6) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not
screened by Type I landscaping as defined in Article XVII, shall utilize vinyl -coated mesh, powder -
coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern.
For non -single-family residential uses only:
(7) Subsections (a")a 7 through (a)(17) (a)(19) of this section shall apply.
(c) City center core (CC -C) and city center frame (CC -F).
(1) The city center core and frame contain transitional forms of development with surface parking
areas. However, as new development or redevelopment occurs, the visual dominance of surface parking
areas shall be eliminated or reduced.
Therefore, parking shall be located behind building(s), with building(s) located between rights-of-way
and the parking area(s), or in structured parking, and any parking located along a right-of-way is subject
to the following criteria:
a. In the city center core, surface parking and driving areas may not occupy more than 25 percent
of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the director.
b. In the city center frame, surface parking and driving areas may not occupy more than 40
percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the
director.
c. A greater amount of parking and driving area than is specified in subsections (c)(1)(a) and (b)
of this section may be located along other rights-of-way; provided, that the parking is not the predominant
use along such right-of-way, as determined by the director.
(2) Principal entrance facades shall front on, face, or be clearly recognizable from the right-of-way,
and/or from the principal pedestrian right-of-way, as determined by the director, for projects exposed to
more than one right-of-way.
Church Use, Development Standards, and Community Design Guidelines — Code Amendments 12/17/08
(3) Building facades shall incorporate a combination of facade treatment options as listed in FWCC
22-1635(b) and 22-1635(c)(2), to a degree that is appropriate to the building size, scale, design, and site
context, and according to the following guidelines:
a. Principal facades containing a major entrance, or located along a right-of-way, or clearly
visible from a right-of-way or public sidewalk, shall incorporate a variety of pedestrian -oriented
architectural treatments, including distinctive and prominent entrance features; transparent glass such as
windows, doors, or window displays in and adjacent to major entrances; structural modulation where
appropriate to break down building bulk and scale; modulated roof lines, forms, and heights; architectural
articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and streetscape amenities. At
least 40 percent of any ground level principal facade located along a right-of-way must contain
transparent glass. Landscaping shall be used to define and highlight building entrances, plazas, windows,
walkways, and open space, and may include container gardens, wall and window planters, hanging
baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping
should not block views to the building or across the site. Foundation landscaping may be used to enhance
but not replace architectural treatments.
b. Secondary facades not containing a major building entrance, or located along a right-of-way, or
clearly visible from a right-of-way or public sidewalk, may incorporate facade treatments that are less
pedestrian -oriented than in subsection (c)(3)(a) of this section, such as a combination of structural
modulation, architectural articulation, and foundation landscaping.
c. Principal facades of single -story buildings with more than 16,000 sq. ft. of gross ground floor
area shall emphasize facade treatments that reduce the overall appearance of bulk and achieve a human
scale. This may be accomplished through such design techniques as a series of distinctive entrance
modules or "storefronts" framed by projecting, offset rooflines, and/or a major pedestrian plaza adjacent
to the entrance.
(4) Pedestrian pathways shall be provided from rights-of-way, bus stops, parking areas, and any
pedestrian plazas and public on-site open space to primary building entrances. Where a use fronts more
than one right-of-way, pedestrian access shall be provided from both rights-of-way, or from the right-of-
way nearest to the principal building entrance. Multiple -tenant complexes shall provide pedestrian
walkways connecting all major business entrances on the site. Pedestrian pathways shall be clearly
delineated by separate paved routes using a variation in color and texture, and shall be integrated with the
landscape plan. Principal cross -site pedestrian pathways shall have a minimum clear width of six feet in
the city center frame, and a minimum clear width of eight feet in the city center core, and shall be
protected from abutting parking and vehicular circulation areas with landscaping.
(5) Drive-through facilities and stacking lanes shall not be located along, or in conjunction with, a
building facade that faces or is clearly visible from a right-of-way, public sidewalk, or pedestrian plaza.
Such facilities shall be located along other, secondary facades, as determined by the director, and shall
meet the separation, screening, and design standards listed in FWCC 22-1634(g)(2)(b), (c), and (d).
(6) Above -grade parking structures with a ground level facade visible from a right-of-way shall
incorporate any combination of the following elements at the ground level:
a. Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal
frontage along the right-of-way; or
b. A 15 -foot -wide strip of Type III landscaping along the base of the facade; or
c. A decorative grille or screen that conceals interior parking areas from the right-of-way.
(7) Facades of parking structures shall be articulated above the ground level pursuant to FWCC 22-
1635(c)(1).
(8) When curtain wall glass and steel systems are used to enclose a building, the glazing panels shall
be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian area.
(9) Chain-link fences shall not be allowed. Barbed or razor wire shall not be used.
(10) For residential uses, subsections (a)(6) Lal 8 through (&" (a)(11), `&)(, (a)(13), (a)(I2�
(a)(1 4 , (a)(!4) (a)(16), (a)(! 6) (a)(1 8), and (a)(! 7) (a)(1 9of this section shall apply.
Church Use, Development Standards, and Community Design Guidelines — Code Amendments 12/17/08
(d) For all residential zones.
(1) Nonresidential uses. Subsections (a)(3) a 7 through '"'� a 12 and (&*13) fAM through
(a)(!7) (a)(1 9of this section shall apply.
(2) Non -single -family residential uses except for zero lot line townhouse residential uses and attached
dwelling units. Subsections (a)(-5) a7) through (^'� (a)(1 9of this section shall apply.
(3) Zero lot line townhouse residential uses and attached dwelling units. Subsections (a)(9) (a)(1 I ,
(a)(W1) (a)(13) through (a)(14) (a)(16), and (x)(17) (a)(19 of this section shall apply. (Ord. No. 96-271, § 3,
7-2-96; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 00-382, § 3, 1-16-01; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 05-
506, § 3, 10-18-05; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 07-554, § 5(Exh. A(15)), 5-15-07; Ord. No. 07-559, §
3(Exh. A), 7-3-07)
22-1639 Institutional uses.
In all zoning districts where such uses are permitted the following shall apply:
(1) FWCC 22-1634, 22-1635 and 22-1636.
(2) FWCC 22-1638(a)(1), (a)(2), (a)(5) through (*5) (a)(7) and (ate} (a)(9) through (a" WO0).
(3) Building facades that exceed 120 feet in length and are visible from an adjacent residential zone,
right-of-way or public park or recreation area shall incorporate a significant structural modulation (offset).
The minimum depth of the modulation shall be approximately equal to 10 percent of the total length of
the subject facade and the minimum width shall be approximately twice the minimum depth. The
modulation shall be integral to the building structure from base to roofline.
(4) Roof design shall utilize forms and materials that avoid the general appearance of a "flat' roof.
Rooflines with an integral and obvious architectural pitch are an approved method to meet this guideline.
Alternative distinctive roof forms such as varied and multiple stepped rooflines, architectural parapets,
articulated cornices and fascias, arches, eyebrows, and similar methods will be considered by the director;
provided, that the roof design minimizes uninterrupted horizontal planes and results in architectural and
visual appeal.
(5) Alternative methods to organize and shape the structural elements of a building and provide
facade treatment pursuant to FWCC 22-1635(b) and/or subsection (3) of this section will be considered
by the director as part of an overall design that addresses the following criteria:
a. Facade design incorporates at least two of the options listed at FWCC 22-1635(b);
b. The location and dimensions of structural modulations are proportionate to the height and
length of the subject facade, using FWCC 22-1635(b) and subsection (3) of this section as a guideline;
c. Facade design incorporates a majority of architectural and accessory design elements listed at
FWCC 22-1635(c)(2) and maximizes building and pedestrian orientation pursuant to FWCC 22-1636;
and
d. Overall building design utilizes a combination of structural modulation, facade treatment, and
roof elements that organize and vary building bulk and scale, add architectural interest, and appeal at a
pedestrian scale, and, when viewed from an adjacent residential zone, right-of-way, or other public area,
results in a project that meets the intent of these guidelines.
(6) The director may permit or require modifications to the parking area landscaping standards of
FWCC 22-1638(x)(7) a 9 for landscape designs that preserve and enhance existing natural features and
systems; provided, that the total amount of existing and proposed landscaping within parking area(s)
meets the applicable square footage requirement of Article XVII, Landscaping, and the location and
arrangement of such landscaping is approved by the director. Existing natural features and systems
include environmentally sensitive areas, stands of significant trees and native vegetation, natural
topography and drainage patterns, wildlife habitat, migration corridors, and connectivity to adjacent
habitats.
(7) Lighting fixtures shall not exceed 30 feet in height and shall include cutoff shields. (Ord. No. 03-
443, § 3, 5-20-03; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 07-554, § 5(Exh. A(15)), 5-15-07; Ord. No. 07-559, §
3(Exh. A), 7-3-07)
Church Use, Development Standards, and Community Design Guidelines — Code Amendments 12/17/08
22-1640 Design criteria for public on-site open space.
The following guidelines apply to public on-site open space that is developed pursuant to Article XI,
Division 8, of this chapter. All open space proposed under this section shall meet the definition of public
on-site open space as set forth in this article and all of the following criteria:
(1) The total minimum amount of open space that shall be provided in exchange for bonus height is
equal to 2.5 percent of the "bonus" floor area, in gross square feet; provided, that the total open space area
shall not be less than 500 square feet.
(2) The open space may be arranged in more than one piece if appropriate to the site context, as
determined by the director.
(3) The open space shall abut on, or be clearly visible and accessible from, a public right-of-way or
pedestrian pathway.
(4) The open space shall be bordered on at least one side by, or be readily accessible from,
structure(s) with entries to retail, office, housing, civic/public uses, or another public open space.
(5) The open space shall not be located on asphalt or gravel pavement, or be adjacent to unscreened
parking lots, chain-link fences, or on-site blank walls, and may not be used for parking, loading, or
vehicular access.
(6) The open space shall be sufficiently designed and appointed to serve as a major focal point and
public gathering place. It shall include a significant number of pedestrian -oriented features, furnishings,
and amenities typically found in plazas and streetscapes, and as defined in this article, such as seating or
sitting walls, lighting, weather protection, special paving, landscaping, trash receptacles, and bicycle
racks. In addition, the open space(s) should provide one or more significant visual or functional amenity
such as a water feature, artwork, or public restroom, and should allow for active uses such as vending,
farmers' markets, live performing arts space, and art shows. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-
333, § 3, 1-19-99; Ord. No. 00-382, § 3, 1-16-01; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 06-515, § 3, 2-
7-06; Ord. No. 07-554, § 5(Exh. A(15)), 5-15-07)
22-1641 Design for cluster residential subdivision lots.
(a) Garages shall be provided for all residential lots except if the lot is in a multifamily zone.
(b) Front entryways should be the prominent feature of the home. Attached garages should not
compose more than 40 percent of the front facade of the single-family home if the garage doors are flush
with the front facade, or will be set back a minimum of five feet from the rest of the front facade.
Detached garages should also be set back a minimum of five feet from the facade.
(c) If garage access is provided from alleys, the front yard setback can be reduced to 15 feet.
(d) Each dwelling unit shall be intended for owner occupancy. (Ord. No. 01-381, § 3, 1-16-01; Ord. No.
03-443, § 3, 5-20-03)
22-1642 — 22-1650 Reserved.
K:\2008 Code Amendments\Allowable Church Zones\LUTC\Community Design Guidelines.doc
Church Use, Development Standards, and Community Design Guidelines — Code Amendments 12/17/08
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CITY OF FEDERAL WAY
PLANNING COMMISSION
January 7, 2009 City Hall
7:00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Merle Pfeifer, Lawson Bronson, Wayne Carlson, Sarady Long, and Tim O'Neil.
Commissioners absent: Hope Elder and Tom Medhurst (both excused). Staff present: Community
Development Services Director Greg Fewins, Planning Manager Isaac Conlen, Senior Planner Margaret
Clark, Senior Planner Janet Shull, Contract Planner Jim Harris, Contract Planner Lori Michaelson, Interim
Parks, Recreation, and Cultural Services Director Steve Ikerd, Assistant City Attorney Peter Beckwith, and
Administrative Assistant E. Tina Pietv.
Chair Pfeifer called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
The minutes of November 19, 2008, were approved.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Mr. Fewins informed the Commission that the City Council as adopted the 2009/2010 budget. The
Department will not know until February if we will have funds for contract planners, which would affect
the Planning Commission Work Program. Staff plans to have the Work Program ready in February. This
may be a two year Work Program because of the state mandated review/update of the comprehensive plan.
COMMISSION BUSINESS
PUBLIC HEARING Continued — Clearing, Grading, and Tree Retention Code Amendments
Ms. Shull delivered the staff report. Staff met with the Master Builders Association on December 2, 2008,
and received written public comments that were passed on to the Commissioners. Recently, staff
distributed a second draft of the code amendments to interested parties for further review and comment.
Staff requested that the public hearing be continued to January 21, 2009, in order to incorporate any
comments on the second draft. The hearing was opened to public comment.
Peter Townsend — He received a copy of the second draft of the code amendments, but is not sure
why. He is not sure if the proposed amendments apply to property owners or developers. He does
have concerns about trees and view corridors. What can a property owner do if a neighbor plants a
tree that grows up to impede a view?
Brant Schweikl, Schweikl and Associates, PLLC — He has reviewed the second draft. He is still
concerned about the 3:1 slope issue. On his project, they have significant slopes. He stated that a
KAPImning Cortmussion\2009\Meeting Surnmwy 01-07-09.doc
Planning Commission Minutes Page 2 January 7, 2009
3:1 slope would require a rockery while a 2:1 slope would not. A 3:1 slope would not leave any
flat, usable land in a home's back yard. This is a significant issue because there is little flat land
left in Federal Way. Otherwise, he applauds the staff for the proposal to allow mass grading.
Commissioner O'Neil commented that it is his understanding that the proposed amendments would not be
retroactive and are intended for undeveloped lots. Ms. Shull agreed that the proposed amendments are
intended for new development. She also stated that the proposed amendments do not deal with view
corridors and the city does not currently have any regulated view corridors.
Commissioner O'Neil asked if there is a process for projects with unique circumstances. Ms. Shull replied
that the proposed amendments include a modification process that projects with unique circumstances
could utilize. Modification requests are typically done at the same time as the rest of the review process.
Commissioner Carlson asked if the 3:1 slope was chosen for aesthetic or stability reasons. Ms. Shull it is mainly
for aesthetic and not necessarily for stability reasons. A 3:1 slope can be landscaped more easily than a 2:1 slope.
The public hearing on the Clearing, Grading, and Tree Retention Code Amendments was continued to the
Planning Commission meeting on Wednesday, January 21, 2009, in the City Hall Council Chambers.
PUBLIC HEARING — Churches & FaVade Modulation Code Amendments
Mr. Harris delivered the staff report. There are five proposed amendments relating to: church use and
development standards; height in the Suburban Estates (SE) zone; and design guidelines, including fagade
modulation. There are also some housekeeping amendments to make text consistent and clarify church
parking regulations.
The proposed amendments include a change of the maximum permissible height in the SE zone from 35 to
30 feet. This would make the height in the SE zone consistent with the maximum permissible height for
single-family residences in other residential zones.
The proposed amendments would allow churches in all zones. Currently they are not allowed in
Commercial Enterprise (CE), Office Park (OP), or Professional Office (PO) zones. The City received one
comment from Brooklake Church stating they are in support of the proposed amendments. The City has
been receiving requests to allow churches in existing tenant spaces, many of them in the OP and PO
zoning districts where the use is not currently permitted. Churches are compatible with other permissible
uses in the CE, OP, and PO zoning districts. They generate traffic at different times than retail and
commercial uses, which results in better utilization of shared parking areas. Staff is also proposing some
housekeeping amendments that would make regulations for churches consistent in all zones.
The proposed amendments would require significant structural modulation (offset) for certain building
facades which exceed 120 feet in length and are subject to the City's Community Design Guidelines.
These are consistent with a previous code amendment adopted for institutional uses. As buildings become
taller, building facades need to be longer.
The hearing was opened to public comment.
Kathryn Kleber, Keller Williams Realty — She is the real estate agent for The Center (former King
County Courthouse). She has had a number of inquires and over 50 percent have come from
churches. This would be an excellent place for a church because it has a large event hall and over
54 parking spaces. However, the OP zone does not allow churches. For this reason, she supports
the proposed amendments.
KAPlanning Commission\2009\Meeting Summary 01-07-09.doc
Planning Commission Minutes Page 3 January 7, 2009
Commissioner Long asked if a parking analysis will be required for churches in the office zones. Mr.
Harris replied that a transportation management plan will be required.
Commissioner Bronson moved (and it was seconded) to adopt the amendments as proposed. The motion
passed unanimously. The public hearing on Churches and Fagade Modulation Code Amendments was
closed.
PUBLIC HEARING — Adult Family Homes, Social Service Transitional Housing, Day Care, Home
Occupation Occupations, and Other Code Amendments
Ms. Michaelson delivered the staff report. The proposed amendments address the following:
• A request to amend regulations pertaining to social services transitional housing;
• Regulations pertaining to adult family homes and family day care, for consistency with federal and
state law related to these disabled populations;
• Related changes and updates pertaining to commercial day care, home occupations, certain group
homes; and
• Other minor, non -substantive text amendments, in order to clarify, simplify, and improve readability.
Adult family homes are not addressed in current code, but are allowed in practice. The proposed
amendments are modeled after the current codes related to in-home day care. The proposal will codify City
practice, clarify procedures, and comply with applicable laws. Adult family homes must be operated as part
of a principal residential use. They must meet all state and local licensing, zoning, building, housing, and
fire regulations that apply to the underlying type of housing. If the lot/structure is legally nonconforming,
the adult family home may be approved through Process III (otherwise no zoning process). City business
license and state license applies. No more than two non-resident employees or workers are allowed and one
off-street parking space is required for each worker. No exterior alterations related to the adult family home
are allowed and any interior alterations must be customary to the residential use.
Social Service Transitional Housing is temporary housing provided by non-profit social service agencies
(i.e. emergency shelters, homeless shelters, domestic violence shelters, etc.). In the current code there are
two "types." Type A where the maximum number of residents is consistent with the family definition and
Type B where the number of residents is not consistent with family definition. Under the proposed
amendments, this use will be permitted outright in all zones where residential use is permitted, if the
number of residents does not exceed the maximum allowed under the FWCC definition of "family." If the
number of residents exceeds the family definition, then the use must be approved under Chapter 22,
Article XI, "District Regulations" (use zone charts). References to Type A and B would be deleted as
subcategories because they would no longer be necessary. Regulations would be tailored for density and
separation requirements to address mixed-use as well as stand-alone developments. Mixed-use would
include the same density limit as applies in multi -family residential zones. Stand-alone would include a
determination of the number of residents as part of the existing case-by-case detennination of density. The
proposed amendments clarify that separation requirements apply only to stand-alone facilities, as it is not
necessary between mixed-use developments. A note on the multi -family residential zone chart would state
that the Social Service Transitional Housing must be in a multifamily complex (not a stand alone).
The proposed amendments for day care would allow adults as well as children to be served in an in-home
day care for some part of the 24-hour day. The proposed amendments would allow in-home day care
serving up to 12 children or adults as an outright permitted use in any zoning district in conjunction with a
permitted residential use. The proposed amendments clarify that the operator (owner or renter) must be a
resident of the subject property where day care is located and they remove requirements pertaining to off-
KAPlanning Commission\2009\Meeting Sumnary 01-07-09.doc
Planning Commission Minutes Page 4 January 7, 2009
street passenger loading area, fencing, and traffic mitigation for consistency with state regulations. The use
zone charts pertaining to in-home day care facilities for 12 or fewer attendees would be deleted and the
remaining charts that pertain to facilities for 12 or more attendees would be retitled "Day Care Facilities,
Commercial." Use process III would apply to all commercial day care facilities (those with 12 or more
attendees) and a requirement would be added that the site be designed to reduce impacts on residential
areas.
In the proposed amendments, the existing "Class I" and "Class II" for home occupations are deleted from
the definitions since Class II is superseded by family day care and Class I becomes basic "Home
Occupations." Changes to regulations include clarification that the dwelling unit where the business is
located must be the business owner's primary residence and the business must be carried on by a resident
family member. The proposed amendments allow deliveries by commercial vehicles weighing up to 26,000
lbs. gross vehicle weight rating (from the state definition) in place of the current 10,000 lb limit. The
subcategories "IIA" and "IIB" have no clear purpose, as the regulations are the same for both, so they are
deleted, leaving "Type II." A criterion is added to all charts for determining the number of residents and
dwelling units. Process I is established for determining the appropriate group home classification in certain
cases (currently "director's discretion"). The proposed amendments state that the maximum number of
group home residents is determined through the applicable review process.
The hearing was opened for public comment and the following letter was read into the record:
Planning Commissioners: 1/7/09
1 am sorry for not being able to stay for public comment as I have another meeting to
attend this evening.
I would like to thank you for reviewing the Federal Way city codes for Transitional
Housing and ask that you approve the suggested amendments to the code as presented.
FUSION's transitional housing program has been serving homeless women and children
since 1994. We hope that you will make the proposed changes to the city code to allow us to
continue providing the services for those in need within our community.
Thank you so much for your
time and efforts on our behalf.
Peggy LaPorte
FUSION, Founder
Commissioner Bronson noted that the proposed amendments for adult family homes state no exterior
alterations, but what if they need to add a ramp for a wheelchair? Ms. Michaelson replied that alterations
and improvements to comply with ADA needs would be allowed the same as any residential structure.
Commissioner Carlson asked what if neighborhood covenants go against the Federal Fair Housing Act.
Mr. Beckwith replied that would be between the covenant holders and the federal government and the
court would decide. The City would not become involved in such a dispute.
Commissioner Long asked in regards to traffic impact fees, would a family day care be exempt from traffic
mitigation? Ms. Michaelson replied that she will have to check the RCW, but she believes the City cannot
require traffic mitigation specifically for in-home family day cares, although it may apply to the underlying
use.
Commissioner Carlson moved (and it was seconded) to adopt the amendments as proposed. The motion
passed unanimously. The public hearing on Adult Family Homes, Social Service Transitional Housing,
Day Care, Home Occupations, and Other Code Amendments was closed.
KAPIanning Conmrission\2009\Meeting Summary 01-07-09. doc
Planning Con nission Minutes Page 5 January 7, 2009
STUDY SESSION — Park Impact Fee
Ms. Clark delivered the staff report. A Park Impact Fee is paid by new development for park -related
facilities to serve new development and for "system improvements." System improvements are park land
acquisition; site improvement; park planning, design, and engineering; and/or a facility/park outside the
development that provides services to the community at large (e.g., community center or community park).
The fee can be spent only for public facilities included in the City's capital facilities plan and
comprehensive plan.
In general all residential development is required to provide open space, with senior housing either exempt
or on a case-by-case basis. Should all current open space requirements be replaced by a park impact fee
(note that landscaping and required trees are not considered open space)? If the City wants open space
required on-site, how much and what kind? Ms. Clark asked Commissioners if they think it is important to
require some kind of open space on-site. Currently, City open space regulations vary depending upon the
type of project (i.e. subdivisions, multi -family development, mixed-use development, etc.). There are
different kinds of open space (i.e. recreational, passive, critical [environmental] areas, etc.). A park impact
fee could be used as a stand-alone fee and/or combined with required on-site open space.
Commissioner Bronson recalled seeing a parks study not too long ago. He asked how much land the City
has to develop new parks. Does the City need more land or should we develop what we have and how
much would it cost and who would pay. He does not think it would be fair to require a developer to pay a
fee for a park that may be miles away from the development. Ms. Clark replied the City could require the
park impact fee to be used in the park planning area the development is located in.
Commissioner O'Neil asked regarding standard plats, they are required to provide 15 percent open space
or a fee -in -lieu. Is the water retention pond included? Ms. Clark replied the water retention pond is
normally not part of open space. Commissioner O'Neil asked how would the fee -in -lieu impact the tree
canopy requirement. Ms. Clark replied the tree canopy requirement is different, but trees can be placed in
the open space. Commissioner O'Neil asked how the amount of the 15 percent is determined. Ms. Clark
replied it could be a calculation based upon the appraised or assessed value of the property.
Commissioner Carlson commented that he would like to see a distinction between recreational space and
open space. He believes all residential projects should have some open space (for aesthetics and to `soften'
the appearance of the project), but it does not have to be recreational space. The City has a number of
neighborhood and regional parks residents can use for recreation. He feels the recreational open space
should be calculated per dwelling unit.
Commissioner Bronson commented that he had lived in neighborhoods in San Francisco where the homes
had no, or tiny, yards, but plenty of neighborhood parks. He understands the desire for aesthetic open
space, but if children cannot play in the open space, the funds would be better spent on a park children can
play in.
Commission Long asked if the park impact fee could be used to pay for improvements at existing parks.
Ms. Clark replied that she believes it can. He then commented that he would rather have a well maintained,
safe park that children can play in as opposed to "just" open space.
Commissioner Carlson stated that the definition for open space should include stormwater projects that use
low impact development, such as a rain garden. Ms. Clark agreed.
Chair Pfeifer how did the City arrive at the 15 percent open space requirement; is it a standard? Ms. Clark
replied that the City adopted the code from another jurisdiction at the time of incorporation and the 15
percent open space requirement was in that code and has not been changed. Chair Pfeifer asked what are
KAPlanning Commission\2009\Meeting Sunvnary 01-07-09.doc
Planning Commission Minutes Page 6 January 7, 2009
other jurisdictions doing in regards to a park impact fee. Ms. Clark replied that a number of cities are going
to the park impact fee system. There is a distinction between "system improvements" and "on-site
improvements." Developers would provide on-site improvements (some greenery, some buffers) and then
would pay towards the park impact fee.
Chair Pfeifer asked how the park impact fee will be calculated. Ms. Clark replied that the Parks consultant
is researching two calculation methods. Chair Pfeifer asked if current projects (such as the Federal Way
Village and Symphony projects) would be grandfathered. Mr. Fewins replied that Federal Way Village is
vested and would not be affected and the Symphony project is not vested and could be affected.
The study session on the Park Impact Fee was closed.
ADDITIONAL BUSINESS
Chair Pfeifer announced that Alternate Commissioner King resigned from the Commission in order to
pursue other interests.
AUDIENCE COMMENT
None
ADJOURN
The meeting was adjourned at 9:00 p.m.
KAPImning Cormnission\2009\Meeting Summary 01-07-09.doc
COUNCIL MEETING DATE: February 17, 2009 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Amendments to Federal Way City Code (FWCC) Chapter 22 "Zoning," regarding adult family homes,
social service transitional housing, day care, home occupations, and related amendments.
POLICY QUESTION: Should the City approve amendments to the FWCC Chapter 22 "Zoning, " regarding adult family
homes, social service transitional housing, day care, home occupations, and related amendments?
COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: February 2, 2009
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Contract Senior Planner Lori Michaelson DEPT: Community Development Services
Background: The proposed amendment addresses a request to amend zoning regulations pertaining to social service
transitional housing included in the 2008 Planning Commission Work Program, and other related topics, including adult
family homes, family day care, commercial day care, home occupations, and group homes. The amendment will allow
family -occupied social service transitional housing as an outright permitted residential use; update the code for consistency
with federal and state law related to disabled populations such as in-home child care and adult family homes; allow adults as
well as children to be served in in-home day care settings; and address other updates and clarifications as deemed necessary.
The Planning Commission conducted a public hearing on January 7, 2009, and recommended that the City Council approve
the proposed amendments as recommended by staff. The Planning Commission recommendation is attached as Exhibit A to
the adoption ordinance.
Attachments: (1) Draft Adoption Ordinance with Exhibit A — Proposed Amendments as Recommended by the Planning
Commission; (2) Staff Report to the Planning Commission for the December 17, 2008, Public Hearing (postponed to January
7, 2009) (the staff report is located in a binder in the City Council offices); and (3) Draft Minutes of the January 7, 2009,
Planning Commission Public Hearing.
Options Considered: (1) Adopt the Planning Commission's recommendation as shown in Exhibit A to the Draft Adoption
Ordinance; (2) Adopt the Planning Commission's recommendation as modified by the LUTC; or (2) Do not adopt the
amendments.
STAFF RECOMMENDATION: Staff recommends that the Council approve Option # 1; adopt the Planning Commission's
recommendation as shown in Exhibit Matte Draft Adoption Ordinance.
CITY MANAGER APPROVAL: Zrw) DIRECTOR APPROVAL:
r ttee Council Committee Council
COMMITTEE RECOMMENDATION: Forward Option #1; adopt the Planning Commission's recommendation as shown in
Exhibit A to the Draft Adoption Ordinance to full Council on February 17, 2009, for first reading.
Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member
PROPOSED COUNCIL MOTION(S):
IST READING OF ORDINANCE (2/17/09): I move to forward the ordinance to a second reading for enactment on the March
3, 2009, consent agenda.
2"1D READING OF ORDINANCE (3/3/09): `1 move approval of the LUTC's recommendation to approve the code
amendments, which are attached as Exhibit A to the Adoption Ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED -02/06/2006 RESOLUTION #
K:\2008 Code Amendments\Home Oc & Adult Family\LUTC\Agenda Bill.doc
CITY OF FEDERAL WAY
ORDINANCE NO. 09 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO ADULT FAMILY HOMES, FAMILY AND
COMMERCIAL DAY CARE, SOCIAL SERVICE TRANSITIONAL HOUSING,
HOME OCCUPATIONS, GROUP HOMES, ETC.; AMENDING FEDERAL WAY
CITY CODE (FWCC) CHAPTER 22 ZONING ARTICLE I IN GENERAL SECTION
22-1; ARTICLE XIII SUPPLEMENTARY SECTIONS 22-978, 22-979, 22-980, 22-
980.5, 22-1068, AND 22-1069; AND ARTICLE XI DISTRICT REGULATIONS
DIVISIONS 1 THROUGH 10 SECTIONS 22-603, 22-604, 22-633.5, 22-637, 22-638, 22-
668.5, 22-669.5, 22-672, 22-673, 22-697, 22-724, 22-726, 22-727, 22-754, 22-759, 22-760,
22-799, 22-810, 22-811, 22-812, 22-830, AND 22-870.
WHEREAS, the City recognizes the need to periodically modify the Federal Way City Code Chapter
22, "Zoning," in order to conform to state and federal law, codify administrative practices, clarify and
update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the
development review process; and
WHEREAS, it is in the public interest for the City Council to adopt regulations allowing adult family
homes in any zoning district in conjunction with a permitted residential use, as required by state law;
establishing regulations for adult family homes similar to in-home day care; redefining "family child care
home" to "family day care," modifying related regulations for legal consistency and expanding this use to
allow adults as well as children; clarifying the development standards for commercial day care, including
site design criteria to reduce impacts on adjacent residential areas; allowing family -occupied social
service transitional housing as an outright permitted residential use, the same as any single family
residential use; amending development standards for non -family -occupied social service transitional
housing to address both mixed use and stand-alone developments in commercial zones; clarifying
definitions, processes, and regulations pertaining to group homes, including but not limited to decisional
criteria for determining the maximum number of residents; and allowing home occupations to utilize
delivery vehicles as normally associated with residential uses; and
WHEREAS, the adoption of other code amendments, including but not limited to, new and updated
definitions, updates consistent with previous amendments or for internal consistency, and other
clarifications and corrections will help implement the principal amendments, comply with applicable law,
and increase code efficiency; and
WHEREAS, this ordinance, containing amendments to the text of Chapter 22 "Zoning," of the Federal
Way City Code (FWCC), has complied with Process VI review pursuant to FWCC Section 22-216; and
Ord No. 09 — , Page 1
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the
Proposal on November 29, 2008, and no comments or appeals were received and the DNS was finalized
on December 29, 2008; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code
amendments on January 7, 2009, and forwarded a recommendation of approval to the City Council; and
the Land Use/Transportation Committee of the Federal Way City Council considered these code
amendments on February 2, 2009, and recommended adoption of the text amendments as recommended
by the Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following findings with
respect to the proposed code amendments.
A. These code amendments are in the best interest of the residents of the City and will benefit the
City as a whole by codifying current city practices; addressing emerging land use issues;
increasing code clarity; improving internal consistency and the efficiency of the development
review process; and reducing regulatory requirements without adversely affecting the City.
B. These code amendments support the public interest by reducing code conflicts, inconsistencies, or
omissions relative to state law; promoting non -institutional housing opportunities for persons
with impairments or other special needs; treating family -occupied social service transitional
housing the same as any other residential use; and by applying similar regulations to similar uses.
C. These code amendments comply with Chapter 36.70A RCW, Growth Management.
D. These code amendments are consistent with the intent and purpose of FWCC Chapter 22
"Zoning," and will implement and are consistent with the applicable provisions of the Federal
Way Comprehensive Plan.
E. These code amendments bear a substantial relationship to, and will protect and not adversely
affect, the public health, safety, and welfare.
F. These code amendments are in the best interests of the residents of the City of Federal Way.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings
set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the adoption of the proposed amendments:
1. The proposed FWCC text amendments are consistent with, and substantially implement, the
following Federal Way Comprehensive Plan goals and policies:
LUP4 Maximize efficiency of the development review process.
Ord No. 09 - , Page 2
LUG3.1 Provide a wide range of housing densities and types in the single-family designated
areas.
LUP15 Protect residential areas from impacts of adjacent non-residential uses.
LUP21 Allow and encourage a variety of multiple -family housing types in designated
commercial areas, especially in the City Center Core and City Center Frame areas.
LUP28 Provide for a mix of commercial and residential in commercial areas and in limited,
appropriate locations in commercial enterprise areas.
LUP30 Ensure compatibility between non-residential developments and residential zones by
regulating height, scale, setbacks, and buffers.
2. The proposed FWCC text amendment bears a relationship to the public health, safety, and welfare
because it establishes development regulations for adult family homes not provided in current
code; complies with statutory requirements for adult family homes and family day care homes;
provides non -institutional residential and day care opportunities for adults with special needs; and
deinstitutionalizes family -occupied social service transitional housing by treating it the same as
any residential use.
an
3. The proposed amendment is in the best interest of the residents of the City because it codifies
current practice, updates the code relative to previous amendments, relaxes and simplifies codes
where possible without adversely affecting the City, and increases the efficiency of the code and
the development review process.
Section 3. Amendment. FWCC Section 22-1, "Definitions," pertaining to "adult family home," "class
I and class II home occupations," "day care facility," "domestic violence shelter," "essential public
facility," "family child care home," "group homes type II, II -A, II -B, and III," "social service transitional
housing" and "special needs housing;" Article XIII, "Supplementary," pertaining to sections 22-978
"Group Homes," 22-979 "Social Service Transitional Housing," 22-980 "Family Day Care," and 22-
980.5 "Adult Family Homes," 22-1068 "Home Occupation" and 22-1069, "Class II Home Occupation;"
Article XI, "District Regulations," pertaining to Social Service Transitional Housing, sections 22-633.5,
22-669.5, 22-727, 22-760, and 22-811; Article XI, "District Regulations," pertaining to Day Care
Facilities, sections 22-603, 22-604, 22-637, 22-638, 22-672, 22-673, 22-697, 22-724, 22-754, 22-799, 22-
812, 22-830, and 22-870; and Article XI, "District Regulations," pertaining to Group Homes, sections 22-
668.5, 22-726, 22-759, and 22-810 are amended as set forth in the attached Exhibit A.
Ord No. 09 — , Page 3
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 any other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication
as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
the day of , 2009.
APPROVED:
Mayor, Jack Dovey
ATTEST:
City Clerk, Carol McNeilly
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO:
K:\2008 Code AmendmentMome Oc & Adult Family\LUTC\Adoption Ordinance 3.doc
Ord No. 09 — , Page 4
Exhibit A
FEDERAL WA Y CITY CODE (FWCC)
Chapter 22, "Zoning"
Article I, In General, Section 22-1, Definitions and
Article XIII, Supplementary District Regulations
Related to Adult Family Homes, Social Services Transitional
Housing, Family Day Care, Group Homes, Home Occupations, and
Other Amendments
Article XI, District Regulations
Related to Social Services Transitional Housing
22-9789 22-9799 22-9809 22-980.59 22-10689 22-10699 22-633.5 (RS),
22-669.5 (RM), 22-727 (BN), 22-760 (BC), & 22-811 (CC -F)
Article XI, District Regulations
Related to Day Care Facilities — Commercial
22-603 (SE), 22-604 (SE), 22-637 (RS), 22-638 (RS), 22-672 (RM),
22-673 (RM), 22-697 (PO), 22-724 (BN), 22-754 (BC),
22-799 (CC -C), 22-812 (CC -F), 22-830 (PO), & 22-870 (CE)
Article XI, District Regulations
Related to Group Homes Type II
22-668.5 (RM), 22-726 (BN), 22-759 (BC), & 22-810 (CC -F)
CA\Documents and Settings\darlenehLocal Settings\Temporary Intemet Files\ContentOutlook\B6HST139\Altemate Exhibit A cover sheet.doc
Proposed Amendments to FWCC Chapter 22, Article I, "Definitions"
Adult fainily home means a residential home for which a person is licensed to provide personal care,
special care, room, and board to more than one, but not more than :six, adults who are not related by blood
car marriage tc� the crscm_pr persons...prgyjdi gthe_sen ices__ The_ number of residents in an adult family
home may be no more than the total of the residents being, provided services, plus a family that includes at
least one service provider. Any limitation on the number of residents resulting from this definition shall
not.be_applied to the extent. it wouldDreyent the city from makinareaasonable accommodations to disabled
persons in order to afford such persons equal opportunity to use and enjoy a dwellingas required by the
Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the
extent that would cause a residential structure occupied by persons with handicaps, as defined in the
Federal Fair Housing Amendments _Act of 1.988, to be treated differently than a similar residential
structure occupied by other related or unrelated individuals. See FWCC 22-980.5.
Uas-s 1 hente eeempatien Faeans these home businesses that qualify as home oeoupations under- this -
Day care facility, commercial means the temporary, nonresidential care of persons in a r-esidenee of
other stme ,,, on a recurring basis. See FWCC Article XI, District Regulations.
Essential public facility is any facility or conveyance that w-hieh has the f 't,,,..ing ttfibu4es:
(1) 44 Is typically difficult to site due to unusual site requirements and/or significant public
opposition;
(2) Iris Is a necessary component of a system, network, or program which provides a public
service or good;
(3) R4 Is owned or operated by a unit of local or state government, a private or nonprofit
organization under contract with a unit of government or receiving government funding, or private firms
subject to a public service obligation; and
(4)
Vii} Meets the following definitions of either a Class T and or a Class II essential public facilities
facili :
a. Class I facilities are those facilities: of a county, regional or state-wide nature.
Those essen4ial pub] e f eilities intended to serve a population base that extends significantly beyond the
boundaries of the city. Class I facilities -,e may include, several local jurisdictions or a significant
share of the Puget Sound regional population. &ueh c e+hoes and may include, but are not limited to, the
following:
1. State or regional education facilities (except minor branch facilities), including:- -.
Rresearch facilities;, ii: Uuniversity branch campuses;, iii- and C—community colleges:;
2. State or regional transportation facilities),, including:-.+: dight and/or standard rail
lines;, ii-. Ecommuter terminals;, i4, Ttransit centersJNi . and Ppark and ride lots in residential zones...;
3. State or regional correctional facilities.;
Text Amendments to Adult Family Homes, Family Day Care, Conunercial Day Care, and Others 12/08/08 .- Amended ]2./17108
4. Solid waste handling facilities (large scale), including.. +7 Ttransfer stations and 1,41
Rrecycling centers:
5. Sewage treatment plants:;
6. Power plants;
b. Class II facilities are those facilities: a^ of a local nature. These essential „4he
f4eilifies that afe intended to meet the service needs of the localcommunity. In many eases Class 111eeal
facilities are lypically characterized by providing some type of in-patient care, assistance, or monitoring:
Seep f eih and may include, but are not limited to, the following:
1. Substance abuse facilities-.,-
2.
acilities:;2. Mental health facilities -q-
3. Group homes/special needs housing:;
4. Local schools, including: -i. £elementary schools;, ii-. Mmiddle schools;, and iii,
Thigh schools.-,
5. Social service transitional housing, including: D&mestic violence shelters;, ii,
14homeless shelters;, and iii: Wwork-release.
Family ehi-Id day care home means a business regularly providing care during part of the 24 hour day
to 12 or fewer edeaerp sons, including children and/or adults, and the children, if applicable, of the
day care provider, in the family abode of the person or persons under whose direct care the ehilnren those
receiving care are placed. Family day care includes family day care homes for children as defined by
RCW 35.63.170 and in home day care for adults. See FWCC 22-980.
Group homes type II means housing for juveniles under the', jurisdiction of the criminal justice system.
r..e gree ps inel de This definition includes housing for state -licensed group care homes or halfway
homes for juveniles which provide residence in lieu of sentencing or incarceration, halfway houses
providing residence to juveniles needing correction, or halfway homes for those selected to participate in
state -operated work release and pre-release programs; but excludes full-time detention facilities. Any
limitation on the number of residents resulting from this definition shall not be applied to the extent it
would prevent the city from making reasonable accommodations to disabled persons in order to afford
such persons equal opportunity to use and enjoy a dwellingas s required by the Fair Housing Amendments
Act of 1988 42 USC 3604(_f)(3)(b) This definition shall not be applied to the extent that would cause a
residential structure occupied by persons with handicaps as defined in the federal fair housing
amendments act of 1988 to be treated differently than a similar residential structure occupied by other
related or unrelated individuals. & homes are divided into the r Bowing VJPes: See FWCC 22-978
and FWCC Article XI. District Reeulations.
.....,.........,...
42 USG 9604if)(3)(b)
Group homes type III means housing for adults that have been convicted of a violent crime against a
person or property, of have been convicted of a crime against a person with a sexual motivation, or have
been convicted or charged as a sexual or assaultive violent predator. These This category includes
Text Amendments to Adult Family Homes, Family Day Care, Commercial Day Care, and Others 12/08/08 - Amended 12/17.108
housing for individuals are under the jurisdiction of the criminal justice system, individuals who have
entered a pre- or post-charging diversion program, or . Sueh groups involve individuals selected to
participate in state-operated work/training release and pre-release programs or similar programs; but
excludes.. Such eategen. `bees not ;,, full-time detention facilities.
Social service transitional housing means facilities other- than ez����Phomes as --e----ed ---
this b operated b a nonprofit . al e e ageney, h a as fequir-ed b the *. providing
temporary and transitional housing to individuals on an as-needed basis, operated by a nonprofit social
service agency, licensed as required by the state, including, but not limited to, emergency shelters, homeless
shelters, domestic violence shelters, and other such crisis intervention facilities• but excluding offices and
group homes as defined in this chapter. Any limitation on the number of residents in social service
transitional housing shall not be applied if it prohibits the city from making reasonable accommodations to
disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required
by the federal fair housing amendments act of 1988 42 USC 3604(f)(3)(b). This definition shall not be
applied to the extent that would cause a residential structure occupied by persons with handicaps as defined
in the federal fair housing amendments act of 1988 to be treated differently than a similar residential
structure occLipied by other related or unrelated individuals. This elas.,neatien ineluaes deffiest4e vielenee
shelters as defined her-ein, exeept that sueh sheltefs wher-ein the total ntffnber of fesidei4s does not e*ree
the maximum number- allowed undef the "famib," definition fna�, be pefmWed eutfight in all fesidential
zones.
(1) Type Ai Maximum number- of residents to be eensistei# with the Maximum num-beff- of
(2) T-fpe B: All seeial sef�Aee tFansitional housing not meeting the definition of "Type A," above.
Maximum be,- to be .aete.-.V.i e.7 o a ease by ease basis.
The hm4tatien on the nuffiber- of residents in seeial sen4ee #ansitienal housing shall not be applied 4
it prohibits the eity ffom mak4ng feasenable aeeemmedations to disabled per-sees in or-def te affefd sueh
pef sons equal eppeftunir-y to use and enjoy a dwelli -'
. j by the Fair- Housing Amendments Ae
of b�T2 USC 3ti0^(f)(3)(b). See FWCC 22-979 and FWCC'Article XI District Regulations.
Special needs housing means housing not specifically defined by this chapter, and which will be
processed under the classification most closely related to the proposed use, as determined by the director
fe„......r,. ity aevele..men4
K:\2008 Ccxle Amerniments1lome Oc & .Adult Family\1- UTC"Section 22-1.doc
Text Amendments to Adult Fancily Homes, Family Day Care, Commercial Day Care, and Others 12/08/08 - Amended 12;`17:08
Proposed Amendments to FW('(' Chapter 22, Article X1I1, "Supplementary"
22-978 Group homes.
A group home type II proposing to serve juveniles convicted of the offenses listed under group home
type III must be approved under process I to be treated as a group home type II and not a group home type
III. The maximum number of residents permitted in a group home will be determined on a case by case
basis through the applicable review process.
22-979 Social service transitional housing.
Notwithstanding any provision to the contrary, social service transitional housing where the total
number of residents does not exceed the maximum number allowed under the definition of "family' may
be permitted outright in all zones where residential use is permitted. Any social service transitional
housing that exceeds the maximum number of residents allowed under the definition of "family" must be
pproved under FWCC Article XI, District Regulations.
22-980 Family day care.
Family day care is permitted in conjunction with any residential use in any zoning district provided it
meets all of the following criteria:
(1) The use must be operated as part of a principal residential use.
(2) The use must be licensed by the state, if required. Family child day care homes as defined by
RCW 43.215.010 must be licensed by the state department of social and health services.
(3) All city licensing zoning, building, housing, and fire regulations applicable to the underlying
type of housing in which the use exists (i.e., single family residence, multifamily residence, etc.) must be
met.
(4) Lot size, building size, setbacks, and lot coverage must conform to those applicable to the
zoning district. If the lot or structure is legally nonconforming the family day care may be approved
through process III review.
(5) No more than two persons who are not residents of the dwelling unit ma b�ployed or work
at the family day care at any one time.
(6) One off-street parking space must be provided for each nonresident employee or worker in
addition to the spaces required by the zoning district for the residential use. A residential driveway may
be used for this p_pr ose.
(7) The city may require an on-site passenger loading area, depending on the number and nature of
the attendees and the extent and nature of existing street improvements. If located on a principal arterial
street, an off-street passenger loading area must be provided. This requirement is waived for family child
care homes if the department of early learning licensor certifies the home as providing a safe passenger
loading area.
(8) No exterior alterations are allowed to accommodate the family day care home, including
signage.
(9) Only those interior alterations customary to residential use shall be made.
(10) The applicant shall provide documentation that residents living immediately adjacent to the
proposal have been notified of the proposal, or the applicant mayprovide stamped and addressed
envelopes of the residents living immediately adjacent to the proposal and the city will notify the
neighbors._
(11) The family day care may be required to limit its hours of operation to reduce impacts on nearby
residential uses.
Text Amendments to Adult Family Homes, Family Day Care, Commercial Day Care, and Others 12/08108 - Amended 12'17/08
22-980.5 Adult family homes.
Adult family homes are residential uses that are permitted in any zoning district where residential
uses are permitted provided that they meet all of the following criteria:
(1) The use must be operated as part of a principal residential use.
(2) The use must be licensed by the state, if required.
(3) All city licensing zoning building housing and fire regulations Wlicable to the underlying
We of housing in which the use exists (i.e., single family residence multifamily residence, etc.) must be
met.
(4) Lot size building size setbacks and lot coverage must conform to those applicable to the
zoning district of the subject property. If the lot or structure is legally nonconforming, the adult family
home may be approved through process III review.
(5) No more than two persons who are not residents of the dwelling unit may be employed
work in the adult family home at any one time.
(6) One off-street parking space must be provided for each nonresident employee or worker in
addition to the spaces required by the zoning district for the residential use.
(7) No exterior alterations are allowed to accommodate the adult family home, including si rg_iage.
(8) Only those interior alterations customary to residential use shall be made.
22-1068 Class 1 hHome occupation.
(4) (1) A Class 1 home occupation is permitted if it meets all of the following requirements:
(4) (aa,) The dwelling unit in which the business is located must be the primary residence of
the
business owner.
(,bb) It The business is must be carried on exelusivel by a family members who resides
in the dwelling unit;_
(2) (c) It The use must have no outside storage, exterior indication, or outside activity;,
(3) (M Tiro The use must not involve those heavy equipment, power tools, or power
sources which are not common to a rose; residential use.
(4) Oe 14 has no ekup or delivery by eal vehi .' es The use must not involve any
pickups or deliveries by commercial vehicles over 26,000 pounds gross vehicle weight rating (GVWR) as
defined in RCW 46.25.010.
(-S) ( It The use must not include more than four persons per day coming to the subject
property for goods or services;_
(6) (g) Tiro The use must not create any noise, dust, glare, vibration, odor, smoke, or
other impact adverse to a residential area.
(b) A Class 1(2)A home occupation which does not meet the requirements of subsection (a) W of
this section may be approved using process III, if:
(4) La) It will not harm the character of the surrounding neighborhood;
(2) (h) It will not include outdoor storage and/or operation of building matefia , machinery,
commercial vehicles, building materials, or tools that which will be visible or audible from or have an
effect on other properties; and
(3) (c� It does not create a condition which injures or endangers the comfort, repose, health,
or safety of persons.
Text Amendments to Adult Family Homes, Family Day Care, Commercial Day Care, and Others 12.08/08 — Amended 12/17/08
79 1069 Class 11 home ,.,.,.,,patios. This section is rescinded and relocated with amendments to new
FWCC Section 22-980, "Family Day Care."
fellowing r
of the subjeet pr-epet4y.
(2) This use must be lieensed by the State Depaftment of Seeial and Health gerviee
(3) Lot size, building size, sethaeks, a -ad lot eovefage eonfe� to these appheable to the z
.
(4) Not mefe than twe per -sons not a fesident of the dwelling unit may wer4E fef the Class 11 home
eeeupa,tien at any ene time.
(6) The eity may r -e te passenger- leading area, depending on the nufabef and natefe E)
(7) In residential zones, no ex4er-ier- alter-a6ens are allowed to aeoeffffnedate the Class 11 heme
eeeupatien, ineluding signage. Only ifiten-af alterations eustefnafy te fesidential use shall be .
(8) The appheant shall pfwAde doeumentation that residents !Mpg immediately adjaeent to the
pr-opesal have been notified of the pr-epesal or- the appheant may pfevide stamped and addFes
envelopes of the fesidents living immediately adjaeent to the pr-epesM and the eitywill notify -the
neighbefs
(9) In addition to satisfying eenditions (1) dwough (8) of this seetion, a fiffr.4!y ehild ear -e home mey
also be fequir-ed to meet the following eenditions:
a. Hetw of operation and maximum number- of attendees fnay be limited by the eity to fedaee
b. A six feet sight ebsetifing fenee of vegetation may be fe"ifed by the eity if it is detefMi
that the pfopes.,1 ..dye -sol..., f ets neighbors.
inter-seetions of streets in the area.
K:\2008 Code Amendments\Home Oc & Adult Family\LUTC\Supplementary.doc
Text Amendments to Adult Family Homes, Family Day Care, Commercial Day Care, and Others 12;08/08 -- Amended 12/17/08
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CITY OF FEDERAL WAY
PLANNING COMMISSION
January 7, 2009 City Hall
7:00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Merle Pfeifer, Lawson Bronson, Wayne Carlson, Sarady Long, and Tim O'Neil.
Commissioners absent: Hope Elder and Tom Medhurst (both excused). Staff present: Community
Development Services Director Greg Fewins, Planning Manager Isaac Conlen, Senior Planner Margaret
Clark, Senior Planner Janet Shull, Contract Planner Jim Harris, Contract Planner Lori Michaelson, Interim
Parks, Recreation, and Cultural Services Director Steve Ikerd, Assistant City Attorney Peter Beckwith, and
Administrative Assistant E. Tina Pietv.
Chair Pfeifer called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
The minutes of November 19, 2008, were approved.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Mr. Fewins informed the Commission that the City Council as adopted the 2009/2010 budget. The
Department will not know until February if we will have funds for contract planners, which would affect
the Planning Commission Work Program. Staff plans to have the Work Program ready in February. This
may be a two year Work Program because of the state mandated review/update of the comprehensive plan.
COMMISSION BUSINESS
PUBLIC HEARING Continued — Clearing, Grading, and Tree Retention Code Amendments
Ms. Shull delivered the staff report. Staff met with the Master Builders Association on December 2, 2008,
and received written public comments that were passed on to the Commissioners. Recently, staff
distributed a second draft of the code amendments to interested parties for further review and comment.
Staff requested that the public hearing be continued to January 21, 2009, in order to incorporate any
comments on the second draft. The hearing was opened to public comment.
Peter Townsend — He received a copy of the second draft of the code amendments, but is not sure
why. He is not sure if the proposed amendments apply to property owners or developers. He does
have concerns about trees and view corridors. What can a property owner do if a neighbor plants a
tree that grows up to impede a view?
Brant Schweikl, Schweikl and Associates, PLLC — He has reviewed the second draft. He is still
concerned about the 3:1 slope issue. On his project, they have significant slopes. He stated that a
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Planning Commission Minutes Page 2 January 7, 2009
3:1 slope would require a rockery while a 2:1 slope would not. A 3:1 slope would not leave any
flat, usable land in a home's back yard. This is a significant issue because there is little flat land
left in Federal Way. Otherwise, he applauds the staff for the proposal to allow mass grading.
Commissioner O'Neil commented that it is his understanding that the proposed amendments would not be
retroactive and are intended for undeveloped lots. Ms. Shull agreed that the proposed amendments are
intended for new development. She also stated that the proposed amendments do not deal with view
corridors and the city does not currently have any regulated view corridors.
Commissioner O'Neil asked if there is a process for projects with unique circumstances. Ms. Shull replied
that the proposed amendments include a modification process that projects with unique circumstances
could utilize. Modification requests are typically done at the same time as the rest of the review process.
Commissioner Carlson asked if the 3:1 slope was chosen for aesthetic or stability reasons. Ms. Shull it is mainly
for aesthetic and not necessarily for stability reasons. A 3:1 slope can be landscaped more easily than a 2:1 slope.
The public hearing on the Clearing, Grading, and Tree Retention Code Amendments was continued to the
Planning Commission meeting on Wednesday, January 21, 2009, in the City Hall Council Chambers.
PUBLIC HEARING — Churches & Facade Modulation Code Amendments
Mr. Harris delivered the staff report. There are five proposed amendments relating to: church use and
development standards; height in the Suburban Estates (SE) zone; and design guidelines, including fagade
modulation. There are also some housekeeping amendments to make text consistent and clarify church
parking regulations.
The proposed amendments include a change of the maximum permissible height in the SE zone from 35 to
30 feet. This would make the height in the SE zone consistent with the maximum permissible height for
single-family residences in other residential zones.
The proposed amendments would allow churches in all zones. Currently they are not allowed in
Commercial Enterprise (CE), Office Park (OP), or Professional Office (PO) zones. The City received one
comment from Brooklake Church stating they are in support of the proposed amendments. The City has
been receiving requests to allow churches in existing tenant spaces, many of them in the OP and PO
zoning districts where the use is not currently permitted. Churches are compatible with other permissible
uses in the CE, OP, and PO zoning districts. They generate traffic at different times than retail and
commercial uses, which results in better utilization of shared parking areas. Staff is also proposing some
housekeeping amendments that would make regulations for churches consistent in all zones.
The proposed amendments would require significant structural modulation (offset) for certain building
facades which exceed 120 feet in length and are subject to the City's Community Design Guidelines.
These are consistent with a previous code amendment adopted for institutional uses. As buildings become
taller, building facades need to be longer.
The hearing was opened to public comment.
Kathryn Kleber, Keller Williams Realty — She is the real estate agent for The Center (former King
County Courthouse). She has had a number of inquires and over 50 percent have come from
churches. This would be an excellent place for a church because it has a large event hall and over
54 parking spaces. However, the OP zone does not allow churches. For this reason, she supports
the proposed amendments.
KAP]mning Conm mjon\2009\Meeting Sunnnary 01-07-09.doc
Planning Commission Minutes Page 3 January 7, 2009
Commissioner Long asked if a parking analysis will be required for churches in the office zones. Mr.
Harris replied that a transportation management plan will be required.
Commissioner Bronson moved (and it was seconded) to adopt the amendments as proposed. The motion
passed unanimously. The public hearing on Churches and Fagade Modulation Code Amendments was
closed.
PUBLIC HEARING — Adult Family Homes, Social Service Transitional Housing, Day Care, Home
Occupation Occupations, and Other Code Amendments
Ms. Michaelson delivered the staff report. The proposed amendments address the following:
• A request to amend regulations pertaining to social services transitional housing;
• Regulations pertaining to adult family homes and family day care, for consistency with federal and
state law related to these disabled populations;
• Related changes and updates pertaining to commercial day care, home occupations, certain group
homes; and
• Other minor, non -substantive text amendments, in order to clarify, simplify, and improve readability.
Adult family homes are not addressed in current code, but are allowed in practice. The proposed
amendments are modeled after the current codes related to in-home day care. The proposal will codify City
practice, clarify procedures, and comply with applicable laws. Adult family homes must be operated as part
of a principal residential use. They must meet all state and local licensing, zoning, building, housing, and
fire regulations that apply to the underlying type of housing. If the lot/structure is legally nonconforming,
the adult family home may be approved through Process III (otherwise no zoning process). City business
license and state license applies. No more than two non-resident employees or workers are allowed and one
off-street parking space is required for each worker. No exterior alterations related to the adult family home
are allowed and any interior alterations must be customary to the residential use.
Social Service Transitional Housing is temporary housing provided by non-profit social service agencies
(i.e. emergency shelters, homeless shelters, domestic violence shelters, etc.). In the current code there are
two "types." Type A where the maximum number of residents is consistent with the family definition and
Type B where the number of residents is not consistent with family definition. Under the proposed
amendments, this use will be permitted outright in all zones where residential use is permitted, if the
number of residents does not exceed the maximum allowed under the FWCC definition of "family." If the
number of residents exceeds the family definition, then the use must be approved under Chapter 22,
Article XI, "District Regulations" (use zone charts). References to Type A and B would be deleted as
subcategories because they would no longer be necessary. Regulations would be tailored for density and
separation requirements to address mixed-use as well as stand-alone developments. Mixed-use would
include the same density limit as applies in multi -family residential zones. Stand-alone would include a
determination of the number of residents as part of the existing case-by-case determination of density. The
proposed amendments clarify that separation requirements apply only to stand-alone facilities, as it is not
necessary between mixed-use developments. A note on the multi -family residential zone chart would state
that the Social Service Transitional Housing must be in a multifamily complex (not a stand alone).
The proposed amendments for day care would allow adults as well as children to be served in an in-home
day care for some part of the 24-hour day. The proposed amendments would allow in-home day care
serving up to 12 children or adults as an outright permitted use in any zoning district in conjunction with a
permitted residential use. The proposed amendments clarify that the operator (owner or renter) must be a
resident of the subject property where day care is located and they remove requirements pertaining to off-
KAPIanning Conmtission\2009\Meeting Summary 01-07-09.doc
Planning Commission Minutes Page 4 January 7, 2009
street passenger loading area, fencing, and traffic mitigation for consistency with state regulations. The use
zone charts pertaining to in-home day care facilities for 12 or fewer attendees would be deleted and the
remaining charts that pertain to facilities for 12 or more attendees would be retitled "Day Care Facilities,
Commercial." Use process III would apply to all commercial day care facilities (those with 12 or more
attendees) and a requirement would be added that the site be designed to reduce impacts on residential
areas.
In the proposed amendments, the existing "Class I" and "Class II" for home occupations are deleted from
the definitions since Class H is superseded by family day care and Class I becomes basic "Home
Occupations." Changes to regulations include clarification that the dwelling unit where the business is
located must be the business owner's primary residence and the business must be carried on by a resident
family member. The proposed amendments allow deliveries by commercial vehicles weighing up to 26,000
lbs. gross vehicle weight rating (from the state definition) in place of the current 10,000 lb limit. The
subcategories "IIA" and "IIB" have no clear purpose, as the regulations are the same for both, so they are
deleted, leaving "Type Il." A criterion is added to all charts for determining the number of residents and
dwelling units. Process I is established for determining the appropriate group home classification in certain
cases (currently "director's discretion"). The proposed amendments state that the maximum number of
group home residents is determined through the applicable review process.
The hearing was opened for public comment and the following letter was read into the record:
Planning Commissioners: 1/7/09
I am sorry for not being able to stay for public comment as I have another meeting to
attend this evening.
I would like to thank you for reviewing the Federal Way city codes for Transitional
Housing and ask that you approve the suggested amendments to the code as presented.
FUSION's transitional housing program has been serving homeless women and children
since 1994. We hope that you will make the proposed changes to the city code to allow us to
continue providing the services for those in need within our community.
Thank you so much for your
time and efforts on our behalf.
Peggy LaPorte
FUSION, Founder
Commissioner Bronson noted that the proposed amendments for adult family homes state no exterior
alterations, but what if they need to add a ramp for a wheelchair? Ms. Michaelson replied that alterations
and improvements to comply with ADA needs would be allowed the same as any residential structure.
Commissioner Carlson asked what if neighborhood covenants go against the Federal Fair Housing Act.
Mr. Beckwith replied that would be between the covenant holders and the federal government and the
court would decide. The City would not become involved in such a dispute.
Commissioner Long asked in regards to traffic impact fees, would a family day care be exempt from traffic
mitigation? Ms. Michaelson replied that she will have to check the RCW, but she believes the City cannot
require traffic mitigation specifically for in-home family day cares, although it may apply to the underlying
use.
Commissioner Carlson moved (and it was seconded) to adopt the amendments as proposed. The motion
passed unanimously. The public hearing on Adult Family Homes, Social Service Transitional Housing,
Day Care, Home Occupations, and Other Code Amendments was closed.
KAPlanning Commission\2009Weeting Sunmiwy 01-07-09.doc
Planning Connnission Minutes Page 5 January 7, 2009
STUDY SESSION — Park Impact Fee
Ms. Clark delivered the staff report. A Park Impact Fee is paid by new development for park -related
facilities to serve new development and for "system improvements." System improvements are park land
acquisition; site improvement; park planning, design, and engineering; and/or a facility/park outside the
development that provides services to the community at large (e.g., community center or community park).
The fee can be spent only for public facilities included in the City's capital facilities plan and
comprehensive plan.
In general all residential development is required to provide open space, with senior housing either exempt
or on a case-by-case basis. Should all current open space requirements be replaced by a park impact fee
(note that landscaping and required trees are not considered open space)? If the City wants open space
required on-site, how much and what kind? Ms. Clark asked Commissioners if they think it is important to
require some kind of open space on-site. Currently, City open space regulations vary depending upon the .
type of project (i.e. subdivisions, multi -family development, mixed-use development, etc.). There are
different kinds of open space (i.e. recreational, passive, critical [environmental] areas, etc.). A park impact
fee could be used as a stand-alone fee and/or combined with required on-site open space.
Commissioner Bronson recalled seeing a parks study not too long ago. He asked how much land the City
has to develop new parks. Does the City need more land or should we develop what we have and how
much would it cost and who would pay. He does not think it would be fair to require a developer to pay a
fee for a park that may be miles away from the development. Ms. Clark replied the City could require the
park impact fee to be used in the park planning area the development is located in.
Commissioner O'Neil asked regarding standard plats, they are required to provide 15 percent open space
or a fee -in -lieu. Is the water retention pond included? Ms. Clark replied the water retention pond is
normally not part of open space. Commissioner O'Neil asked how would the fee -in -lieu impact the tree
canopy requirement. Ms. Clark replied the tree canopy requirement is different, but trees can be placed in
the open space. Commissioner O'Neil asked how the amount of the 15 percent is determined. Ms. Clark
replied it could be a calculation based upon the appraised or assessed value of the property.
Commissioner Carlson commented that he would like to see a distinction between recreational space and
open space. He believes all residential projects should have some open space (for aesthetics and to `soften'
the appearance of the project), but it does not have to be recreational space. The City has a number of
neighborhood and regional parks residents can use for recreation. He feels the recreational open space
should be calculated per dwelling unit.
Commissioner Bronson commented that he had lived in neighborhoods in San Francisco where the homes
had no, or tiny, yards, but plenty of neighborhood parks. He understands the desire for aesthetic open
space, but if children cannot play in the open space, the funds would be better spent on a park children can
play in.
Commission Long asked if the park impact fee could be used to pay for improvements at existing parks.
Ms. Clark replied that she believes it can. He then commented that he would rather have a well maintained,
safe park that children can play in as opposed to "just" open space.
Commissioner Carlson stated that the definition for open space should include stormwater projects that use
low impact development, such as a rain garden. Ms. Clark agreed.
Chair Pfeifer how did the City arrive at the 15 percent open space requirement; is it a standard? Ms. Clark
replied that the City adopted the code from another jurisdiction at the time of incorporation and the 15
percent open space requirement was in that code and has not been changed. Chair Pfeifer asked what are
KAPlanning Commission\2009\Meeting Summy 01-07-09.doe
Planning Commission Minutes Page 6 January 7, 2009
other jurisdictions doing in regards to a park impact fee. Ms. Clark replied that a number of cities are going
to the park impact fee system. There is a distinction between "system improvements" and "on-site
improvements." Developers would provide on-site improvements (some greenery, some buffers) and then
would pay towards the park impact fee.
Chair Pfeifer asked how the park impact fee will be calculated. Ms. Clark replied that the Parks consultant
is researching two calculation methods. Chair Pfeifer asked if current projects (such as the Federal Way
Village and Symphony projects) would be grandfathered. Mr. Fewins replied that Federal Way Village is
vested and would not be affected and the Symphony project is not vested and could be affected.
The study session on the Park Impact Fee was closed.
ADDITIONAL BUSINESS
Chair Pfeifer announced that Alternate Commissioner King resigned from the Commission in order to
pursue other interests.
AUDIENCE COMMENT
None
ADJOURN
The meeting was adjourned at 9:00 p.m.
KAP]mning Conu ission\2009UNeeting sunmwy 01-07-09.doc
MEETING DATE: February 2, 2009 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Proposed Resolution to Grant Noise Variance to WSDOT
POLICY QUESTION: Should the City Council pass the proposed resolution granting the Washington State
Department of Transportation (WSDOT) a noise variance for work done during restricted hours?
COMMITTEE: MEETING DATE:
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ® Resolution ❑ Other
STAFF REPORT BY: PETER BECKWITH, ACA DEPT: LAW
Attachments: Resolution and Memorandum
Options Considered:
1. Recommend approval of the proposed resolution to grant WSDOT a noise variance to work on
the Project during restricted hours and forward to the full Council for approval at the February
17, 2009, regular City Council meeting.
2. Recommend rejection of the proposed ordinance.
3. Recommend modification of the proposed resolution and forward to the full Council for
approval at the February 17, 2009, regular City Council meeting.
STAFF RECOMMENDATION: Approve the proposed resolution and forward to the full council for approval
at the February 17, 2009, regular City Council meeting. (Option 1)
CITY MANAGER APPROVAL: DIRECTOR APPROVAL: Ppt PK
e o Committee Council
COMMITTEE RECOMMENDATION: Forward option _ to the full City Council for placement on the
February 17, 2009, City Council Agenda.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Resolution Granting a Noise and Work Variance to
the Washington State Department of Transportation During Restricted Weekend Hours"
K:\agenda item\LITC\2009\WSDOT Variance Agenda Bill
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL
ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
IST reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED
— 02/06/2006
RESOLUTION #
K:\agenda item\LITC\2009\WSDOT Variance Agenda Bill
CITY OF FEDERAL WAY
MEMORANDUM
DATE: January 27, 2009
TO: Land Use and Transportation Committee
FROM: Patricia Richardson, City Attorney ?*—
Peter Beckwith, Assistant City Attorney
SUBJECT: Proposed Resolution to Grant Noise Variance to WSDOT
Polic,. I
Should the City Council pass the proposed resolution granting the Washington State
Department of Transportation (WSDOT) a noise variance for work done during restricted
hours?
Backaround:
The Washington State Department of Transportation (WSDOT) is performing work on
the I-5 and 272nd St. off and on ramps from April 2009 to December 2009. The project
includes but is not limited to repairing cracks in the roadway, replacing detection loops,
restriping the roadway, updating existing signage and sidewalk ramps, raising or
replacing guardrails, upgrading illumination and other safety improvements. On October
24, 2008, WSDOT sent the City a letter requesting a variance from the City's noise and
restricted weekend work hour regulations found in FWCC Sections 22-956 and 22-1006.
The Federal Way City Code (FWCC) Section 22-956 contains nighttime environmental noise
standards and adopts the maximum environmental noise levels identified in Washington
Administration Code (WAC) Section 173-60-080. In accordance with the City's nuisance
law codified under FWCC Sections 10-26 and 10-27, FWCC Section 22-1006(a) sets out the
times when it is a violation to engage in any development activity or to operate any heavy
equipment. FWCC Section 22-1006(b) authorizes the Director of Community Development
to grant revocable, written permission to engage in a development activity or to operate
heavy equipment between the hours of 8:00 p.m. and 7:00 a.m. Monday through Friday and
8:00 p.m. Friday through 9:00 a.m. Saturday, or from 9:00 a.m. to 8:00 p.m. on Sundays or
holidays observed by the City. The Director of Community Development does not have the
authority to grant an exemption to the work hour restrictions not covered by FWCC Section
22-1006(b). Council may pass a resolution granting a variance to the work hour restrictions
not covered by FWCC Section 22-1006(b).
In this case, it is much safer for WSDOT workers to work in the middle of the night when
traffic is reduced. Performing the necessary work during daytime hours will significantly
increase the number of days that lane closures would be necessary. The increased number of
days with lane closures would result in unacceptable delays and impacts to the traveling
public, local businesses and local residents. WSDOT has agreed to abide by certain
conditions to mitigate the impact of the work to the surrounding properties. The public
benefits from the variance by having the work completed at night during the weekend which
reduces traffic disruption and noise overall that may occur from the work being performed at
other times. WSDOT benefits from having a safer work environment and being able to
complete its project in a more expeditious manner.
KArnemo\council memo\WSDOT Noise Variance Memo
N
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, GRANTING A NOISE AND
WORK HOUR VARIANCE FOR WORK TO BE DONE BY THE
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
ON THE I-5/S.272nd RAMP PAVING PROJECT DURING
RESTRICTED WEEKEND HOURS.
WHEREAS, the Federal Way City Code (FWCC) Section 22-956 contains nighttime
environmental noise standards and adopts the maximum environmental noise levels identified in
Washington Administration Code (WAC) Section 173-60-080;
WHEREAS, in accordance with the City's nuisance law codified under FWCC Sections 10-
26 and 10-27, FWCC Section 22-1006(a) sets out the times when it is a violation to engage in any
development activity or to operate any heavy equipment;
WHEREAS, FWCC Section 22-1006(b) authorizes the Director of Community Development
to grant revocable, written permission to engage in a development activity or to operate heavy
equipment between the hours of 8:00 p.m. and 7:00 a.m. Monday through Friday and 8:00 p.m.
Friday through 9:00 a.m. Saturday, or from 9:00 a.m. to 8:00 p.m. on Sundays or holidays observed
by the city;
WHEREAS, the Director of Community Development does not have the authority to grant an
exemption to the work hour restrictions not covered by FWCC Section 22-1006(b);
WHEREAS, the Washington State Department of Transportation (WSDOT) is scheduled to
perform work on the I-5 and 272nd St. off and on ramps which is anticipated to occur between April
2009 and December 31, 2009 (the "Project");
Res. # , Page 1
WHEREAS, the Project includes but is not limited to repairing cracks in the roadway,
replacing detection loops, restriping the roadway, updating existing signage and sidewalk ramps,
raising or replacing guardrails, upgrading illumination and other safety improvements;
WHEREAS, in a letter dated October 24, 2008, attached hereto as Attachment A, WSDOT
requested a temporary noise variance to allow work on the Project during 30 nonconsecutive nights;
WHEREAS, it is much safer for WSDOT workers to work in the middle of the night when
traffic is reduced;
WHEREAS, performing the necessary work during daytime hours will significantly increase
the number of days that lane closures will be necessary;
WHEREAS, the increased number of days with lane closures would result in unacceptable
delays and impacts to the traveling public, local businesses and local residents; and
WHEREAS, in requesting this variance, WSDOT has proposed certain conditions to mitigate
the Project's impacts to surrounding properties;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY
RESOLVES AS FOLLOWS:
Section 1. Noise and Work Hour Variance. The City Council hereby grants to the
Washington State Department of Transportation, a 30 nonconsecutive night noise and work hour
variance for the hours of 8:00 p.m. Saturday through 9:00 a.m. Sunday, and 8:00 p.m. Sunday
through 7:00 a.m. Monday to allow work on the Project subject to WSDOT complying with the
following conditions:
1) All vehicles shall be equipped with ambient sensitive environment backup
warning devices. Back-up observers may be used in lieu of back-up warning
Res. # , Page 2
devices for all equipment except dump trucks in compliance with WAC 296-155-
610 and 296-155-615. Dump trucks shall use back-up observers and back-up
warning devices in compliance with WAC 296-155-610.
2) All trucks shall have well maintained bed liners.
3) Truck tailgate banging is prohibited. All truck tail gates shall be secured to
prevent excessive noise.
4) During construction cleanup operations, all material spilled within the work zone
shall be removed by hand methods or sweeping when possible.
5) Written notice of work on the Project shall be provided to all residents within a
500 foot radius of the work zone.
6) A copy of the noise variance shall be kept on the project site at all times.
7) Construction and stationary equipment, such as light plants, generators,
compressors, jackhammers and other equipment shall utilize WSDOT approved
noise mitigation shields, noise blankets, skirts, or other available noise dampening
methods.
Section 2. Grant of Authority. The City Council hereby grants the Director of Community
Development the authority and discretion to grant any additional exemptions to the work hour
restrictions not covered by FWCC Section 22-1006(b) to WSDOT for the duration of the Project.
Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Res. # , Page 3
Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date
of the resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this day of , 2009.
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLEY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: _
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
K:\resolution\2009\WSDOT Noise Variance Resolution - 2009
Res. # , Page 4
AgShk Washington State Northwest Region
Department of Transportation
A Paula Hammond
Secretary of Transportation
October 24, 2008
Mr. Greg Fewins
Deputy Director
Community Development Services
City of Federal Way
33530
—IS' Way South
Federal Way, WA 98003-6221
Re: XL 2472 Temporary Noise Exemption
1-5JS.272n° to Southcenter Parkway Ramp Paving MP 154.24
Dear Mr. Fewins:
The purpose of this letter is to request a 30 non consecutives night's temporary noise variance
allowing the WSDOT to perform nighttime work paving ramps at I-5 and 272`h St off and on
ramps as shown on vicinity map. WSDOT is requesting relief from the Federal Way city code
(FWCC) section 22356 and 22-1006 requirements allowing our contractor(s) to work nights
within the jurisdiction of the City of Federal Way. The contract is scheduled for advertisement in
January 9, 2009. This project's construction window is anticipated to be between early April
2009 and December 31, 2009.
This project involves several ramps located along 1-5 in King County from MP 146.48 to MP
154.24. This project proposes to construct the following improvements:
• Repair all alligator cracked areas of pavement.
• Crack seal the roadway.
• Replace detection loops.
• Mill and inlay the roadway with 0.15' HMA
• Restripe the roadway to its present configuration.
• Update existing signing to Basic Design Level
• Update sidewalk ramps to meet ADA requirements.
• Raise or replace guardrails to Basic Design Level
• Remove and replace deficient light standards to Basic Design Level
• Minor safety improvements.
5. The Contractor shall provide written notification to all residents within a 500 foot
radius from work zone. The Engineer shall review and approve the form and
content of any noise flyer or notice, prior to distribution by the Contractor.
6. A copy of each noise variance/exemption shall be kept on the project site at all
times.
7. Construction and stationary equipment, such as light plants, generators, compressors,
jackhammers and others shall utilize WSDOT approved noise mitigation shields,
noise blankets, skirts, or other means available as approved by the Engineer.
The construction Project Engineer in charge of administering the contract and contact person for
WSDOT is:
MARK SAWYER, PE
SAWYEP,M@wsdot.wa.gov
21851 84TH AVENUE S.
KENT, WA 98032
Phone: 253-872-2958
Fax: 253-872-2966
Should construction activities associated with this project cause noise impacts and a
noise complaint is received, we request that you help us resolve it by notifying the Project
Engineer within 24 hours of occurrence.
Please let me know if you have any additional questions. Thank you for your time and assistance.
Sincerely,
Maria Laura Musso Escude
Acoustics, Air Quality, and Energy Specialist
Attachments
cc: Paul Johnson/Steve Wu MS NB82-61
DAY FILE I-5/S.272nd to Southcenter Parkway Ramp Paving MP 154.24
3
Night construction equipment
List of Equipments:
The following equipment may be chosen by Contractor but not limited to:
Construction Equipment
Size
Type
Traffic control truck
Medium truck
Diesel engine, rubber tire
TMA truck
Semi -trailer
Diesel engine, rubber tire
Sand blaster
Medium truck
Diesel engine, rubber tire
Pavement Grinder
BARTMILL 300 cutting width 49 in.
Paving Machine
larger
Rollers
Medium truck
Diesel engine, rubber tire, steel drum
Dump Truck
12-15 CY box
Diesel engine, rubber tire
Saw Cutter
Small
Gas engine, small rubber wheel
Light Plants
30 ft.
Portable light tower
Water Tanker
4000 Gal.
HP 250
Generator
Medium
24000W; HP 38
Air Compressor
185 CFM
Sweeper
Medium truck
7cy Hopper capacity, HP 75
Loader
2.50 CY
Wheel Loader 936, HP 125
Excavator
1.0 CY bucket
Komatsu Crawler mounted hydraulic
Traffic Closures
This project will provide detours for each ramp closure. Weekend closures are planned.
The NWR CTCO office has allowed a window of 9 PM to 5 AM 7 days per week to close ramps
with one lane closure on 1-5. A weekend closure for each ramp is allowed except the 1-5 NB to
Southcenter Parkway off ramps. A weekend closure is only allowed at the diverge area of 1-5
NB to Southcenter Parkway off ramps. The traffic control plan being developed will allow traffic
to continue to exit at Southcenter Parkway on weekends during construction.
COUNCIL MEETING DATE: February 17, 2009 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Cedar Creek Neighborhood Traffic Safety (NTS)
POLICY QUESTION: Should the Council approve the installation of traffic calming devices and remove on -
street parking on the east side of 20`h Way S / 2&h Ave S for the Cedar Creek neighborhood?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
® Consent
MEETING DATE: Feb. 2, 2009
❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Rick Perez RE Ci Traffic En weer DEPT: Public Works
---...._..__.._.........--...._....._...........--._z.._....._..._.._..._...._.... '---...__..._...._........ _.........---r---..._._......._._-__..........-----'---...---- -------...-.. _..
Attachments: Land Use and Transportation Committee memorandum dated February 2, 2009.
Options Considered:
1. Approve the installation of four speed humps and remove on -street parking on east side of 20th
Ave S / 20th Way S for the Cedar Creek neighborhood.
2. Approve the installation of four speed humps only without on -street parking removal.
3. Take no action and provide direction to staff.
STAFF RECOMMENDATION: Staff recommends Option 1.
CITY MANAGER APPROVAL: DIRECTOR APPROVAL:
o Council Committee Council
COMMITTEE RECOMMENDATION: Forward staff recommendation to the February 17, 2009 City Council
Consent Agenda for approval.
Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member
PROPOSED COUNCIL MOTION: "I move approval of the four speed humps and removal of on -street
parking on east side of 2e Ave S / 20'h Way S for the Cedar Creek neighborhood. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
IST reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED— 02/06/2006
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: February 2, 2009
TO: Land Use and Transportation Committee
VIA: Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency
Manager
FROM: Rick Perez, P.E., City Traffic EngineerIF
Sarady Long, Senior Transportation Planning Engineer
SUBJECT: Cedar Creek Neighborhood Traffic Safety (NTS)
BACKGROUND:
Residents in the vicinity of 20th Avenue S between S 325th Street and S 330th Street submitted a
petition requesting the installation of traffic calming devices to control vehicle speeds and minimize
cut -through traffic in their neighborhood. A traffic study was conducted and the results are as follows:
• Average Daily Traffic (ADT) = 2,763
• 85th percentile speed = 29 mph
• 5 -Year Collision History = 7 Collisions with 4 injuries
Based on t�e current adopted NTS installation criteria (pleaseTable 1 below), the neighborhood
score�'8.5 total severity points. This exceeds the minim 3.0 severity point to qualify for the
installation of traffic calming devices.
Table ]
Point
Scale
85th Percentile
Seed
Average
Daily
Traffic
ADT
Location
School/Park
5 -Year Collision
History
Total
Injury
Fatal
0.0
0-25
0-1,000
No
1
-
-
0.5
26-27
1,001-1,800
Yes
2
-
-
1.0
28-29
1,801 — 2,600
-
3
1
-
1.5
30-31
2,60-1-3,400
-
4
-
-
2.0
32-33
3,401— 4,200
-
5
2
1
2.5
34-35
4,201 — 5,000
-
6
-
-
3.0
36+
5,001+
1 -
7+
3+
2+
A neighborhood traffic safety meeting was held on October 28, 2008 at City Hall to discuss
potential traffic calming devices that could be implemented along 2e Ave S / 20th Way S. At
the meeting, the residents also raised safety concerns regarding on -street parking in front of
Waterbury Park Apartments, especially along the curve close to 17th Ave S. The on -street
February 2"d, 2009
Land Use and Transportation Committee
NTS — Cedar Creek Neighborhood
Page 2 of 2
parking combined with limited visibility due to the road curvature poses serious safety for
pedestrians crossing the street.
To be effective in reducing speeds along 201h Ave S / 20th Way S and to improve vehicular and
pedestrian safety, the group consensus was to have the City construct the following
improvements:
A) Install four speed humps on 20th Ave S / 20th Way S between 17th Ave S to S 330th St.
B) Remove existing on -street parking on the east side of 20th Way S from approximately
17th Ave S to S 328' Pl.
In accordance with established NTS policies, the balloting process was by-passed due to the
project's severity score exceeding 6 points. If approved by Council, the traffic calming devices
and on -street parking removal will be implemented as soon as weather and the contractor's
schedule permits.
K:\TRAFFIC\NTS\2008 NTS\20Ave_S325-S330\LUTC Memo.doc
cc: Project File
Day File
K:\LUT02009\02-02-09 Cedar Creek NTS.doc