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Planning Comm PKT 02-04-2009 City of Federal Way PLANNING COMMISSION February 4, 2009 7:00 p.m. City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES January 7,2009, and January 21,2009 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS . PUBLIC HEARING - Continued Clearing, Grading, & Tree Retention Code Amendments 7. ADDITIONAL BUSINESS 8. AUDIENCE COMMENT 9. ADJOURN Commissioners Merle Pfeifer, Chair Lawson Bronson Tom Medhurst Tim O'Neil Hope Elder, Vice-Chair Wayne Carlson Sarady Long (Alternate) City Staff Greg Fewins, CDS Director Margaret Clark, Senior Planner E. Tina Piety, Administrative Assistant 253-835-2601 www.citvoffederalwav.com K\Planning Comrnission\2009\Agenda 02-04-09.doc CITY OF FEDERAL WAY PLANNING COMMISSION January 7,2009 7:00 p.rn. City Hall 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 Piety. 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 K:\Planning Comrnission\2009\Meeting Swmnary OI-07-09.doc Planning Corrmrission 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 & Fa~ade 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 fayade 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. K:\Planning Comrnission\2009\Meeting Summary OI-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 Fa~ade 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- K:\Planning Comrnission\2009\Meeting Summary OI-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 Ibs. gross vehicle weight rating (from the state definition) in place of the current 10,000 Ib limit. The subcategories "IIA" and "lIB" 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 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. K:\Planning Connnission\2009\Meeting Surmnary 01-07 -09.doc Planning Commission 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 K\Planning Comrnission\2009\Meeting Sunnnary 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. K\Planning Comrnission\2009\Meeting Summary 01-07-09.doc CITY OF FEDERAL WAY PLANNING COMMISSION January 21, 2009 7:00 p.rn. City Hall Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Lawson Bronson, Wayne Carlson, Tom Medhurst, Sarady Long, and Tim O'Neil. Commissioners absent: none. Staff present: Community Development Services Director Greg Fewins, Senior Planner Margaret Clark, Senior Planner Janet Shull, Assistant City Attorney Peter Beckwith, and Administrative Assistant E. Tina Piety. Chair Pfeifer called the meeting to order at 7:00 p.m. ApPROV AL OF MINUTES Commissioner Bronson moved (and it was seconded) that in order to correct a number of errors, staff should be given time to correct the errors and the minutes should be brought back to the next meeting. The motion carried unanimously. AUDIENCE COMMENT None ADMINISTRATIVE REpORT None COMMISSION BUSINESS PUBLIC HEARING Continued - Clearing, Grading, and Tree Retention Code Amendments Ms. Shull delivered the staff report. Ms. Shull reviewed the process to date, explained the reasons for the proposed code amendments, explained the overall goals for the proposed code amendments, and listed the highlights of the proposed code amendments. Ms Shull also mentioned that staff had met with representatives from the Master Builders Association on December 2, 2008. Subsequent to that meeting, staff prepared a second draft of the code amendments and sent it to interested parties for comments. Ms. Shull gave a summary of what changes were made in the second draft and what was not changed and why (a detailed explanation is given in the agenda packet staff report). At the beginning of the meeting, staff distributed the Master Builders comments on the second draft. Ms. Clark informed the audience that while comments from the Master Builders Association were made available, the comments had not been received in time for staff to review them. Therefore, staff will only be presenting the proposed code amendments attached as Exhibit A to the staff report found in the agenda packet (which was also made available). The proposed code amendments with yellow highlights are from the Master Builders Association will not be presented this evening. The public hearing was opened for public comment. Peter Townsend - He commented that his landscape architect sent the City a fax that is attached to the staff report. He spoke to the Twin Lakes Homeowners Association and they feel there has not K\Planning Comrnission\2009\Meeting Swmnary 01-21-09.doc Planning Corrmrission Minutes Page 2 January 21,2009 been enough input from property owners. It is difficult to understand the code amendments; specifically what the old law is and what is new. Marty Cannon - He built his own home in Federal Way six years ago. He also found the proposed code amendments difficult to understand, but the staff presentation helped. He only recently found out about the proposed code amendments. The City needs to provide a clear explanation of what the code amendments are about and who they apply to. The proposed amendments seem to say that no one will be allowed to cut down trees. The proposed amendments seem negative. Mike Behn, Quadrant - He thanked the staff for their efforts. He encouraged the Commission to continue the public hearing so they can consider additional comments. He asked the City to consider a "sliding scale" based on the size of the tree for trees planted to meet the tree canopy requirement. It would be helpful to have flexibility for the size of trees that are planted. Staffs purpose to improve the urban tree canopy is a reasonable goal, but they are asking the developer to pay for it. Given the current economic climate and real estate market, he suggested the City consider waiting until the economy improves. Paul Lymberis, Quadrant - He stated that the proposed amendments have a common theme of reducing the number of retaining walls. He feels a maximum required slope of 3: 1 would mean more retaining walls would be needed, as opposed to a 2: I slope (which is widely accepted throughout the Puget Sound area). While 3: I slope is considered "usable," it is not usable for active space, such as a picnic or to play catch. Quadrant has homes that are built side-by-side with no more than 18 inches [vertical relief?] between them, which does not require a wall. A 3:1 slope would run into the foundation of one of the homes and the homeowner would not be able to walk around the home. A 2: 1 slope would give a two foot walkway between the homes. In a backyard with six feet of elevation change, a 3: I slope would take 18 feet and a 2: I slope would take only 12 feet, leaving an additional 6 feet of flat space in the backyard. Garrett Huffman, Master Builders Association - He complimented staff with having a healthy process with input from many and where questions are being asked and answered. He agrees the proposed code amendments are confusing. The Master Builders Association does propose significant changes to the proposed language. He offered to provide a document with City and Master Builder comments side-by-side, with the reasons for the Master Builders' proposed changes. Chair Pfeifer commented that staff has made nine significant changes due to input from the Master Builders Association and 13 changes overall. He asked why the Master Builders Association did not submit their current comments before Friday. Garrett Huffman, Master Builders Association - He responded that it was his fault the comments did not come sooner. It was difficult to obtain comments from the members. He commented that one member said that 75% of his concerns were addressed in the second code amendment draft. Christopher Stone - He is a Federal Way landowner. He does not want to stop the process, but asked that it be extended so that those who have just learned about the proposed code amendments can comment. He asked what is the implication of these amendments to those who own a fifth of an acre or two acres. Bob Roper - He noted that there are no requirements for RS zones. The requirement of 20 to 25 tree units seems inadequate; if the trees are only one inch that would not be enough trees. He stated that citizens should be given a chance to comment on the Master Builders Association comments. He also encouraged the Commission to extend the process. He asked what the deadline is for K::\Planning Comrnission\2009\Meeting Surrnnary 01-21-09.doc Planning Commission Minutes Page 3 January 21,2009 written comments. Ms. Piety responded that written comments may be given until the City Council makes a decision. For staff to comment on them, it is best to get comments in as soon as possible. Brant Schweikl, Schweikl and Associates, PLLe - He is a civil engineer who is concerned with the 3:1 slope requirement and agrees with Mr. Lymberis' comments. He encouraged Commissioners to look at projects in the City with '2: I slopes and they will see that there are no problems with them. Shorter tiered rockeries would mean homeowners would lose usable open space. He encouraged the Commission to review the Master Builders comments. He appreciates that the proposed amendments will allow for mass grading. There are single-family homeowners who will be affected by the proposed amendments. If they add 500 feet to their house, they will have to plant trees if they don't have them. Commissioner Elder asked Mr. Lymberis about the difference of 18 inches between homes; is there not a way of planting trees that would help this issue? Paul Lymberis, Quadrant - He commented that he assumes Commissioner Elder means planting trees between homes. Shrubs might work but not trees. Homes in Federal Way have a five-foot setback from the property line and usually have eaves of two feet. This leaves approximately six feet of usable space, which would be too small for trees, but shrubs could work and can (depending upon the species) stabilize a slope between the homes. Commissioner O'Neil asked how the tree canopy requirements would affect a homeowner. Ms. Shull first wanted to clarify the tree retention requirement as it relates to expansion of a single-family home. Mr. Schweikl misunderstood the proposed amendments when he stated that if single-family homeowner was to expand their home by 500 feet they would have to follow the tree retention standards and plant trees. This expansion standard (tree units per acre) applies to commercial, industrial, and multi-family development, not single-family homes. In response to how the tree units per acre standard apply to single-family homeowners; it applies as it does today, but the standard is different. The City is not adding a process, but replacing the focus on retaining significant trees with a tree unit per acre standard. The issue is addressed in the exemption section of the proposed amendments. There are steps that need to be evaluated in order to know if one can remove trees on an existing developed site. One of the steps is to evaluate if there are any critical areas (such as streams, wetlands, etc.) on the site. If yes, director approval is needed to remove vegetation. Another step that could trigger tree retention is to evaluate if there will be anything done that will affect stormwater as it enters or leaves the site. If it is an undeveloped property, the tree retention standard would apply; just as the significant tree standard applies today. Also be aware that some older plats may have statements on them that trees cannot be removed. Commissioner O'Neil asked staff to confirm that there is a "sliding scale" for replacement trees (to maintain the tree canopy) based on diameter. Ms. Shull replied that the tree unit credit table on page 22 of Exhibit A has two categories: replacement tree and existing tree. In the second draft of the proposed amendments, staff recommended a minimum size for replacement trees. The chart on page 22 determines how many credits is available depending upon the mature tree canopy. There will be a chart available (it will not be in the code because it could change as stafflearns new information about trees) that will give credits depending upon the type of tree selected. As she recalled, Quadrant requested additional credits if a tree larger than the minimum size is planted. Staff is willing to consider this request, but is not prepared tonight to comment upon it; further study is needed. One concern is whether a larger tree is likely to SUrvlve. Commissioner O'Neil asked how long it would take if a developer were to request a modification for retaining wall height. Ms. Shull replied that the City receives a number of different types of modification requests (parking, right-of-way, etc.} and they typically arise during the preapplication process. The K: \Planning Comrnission\2009\Meeting Surmnary 01-21-09.doc Planning Commission Minutes Page 4 January 21, 2009 process is typically a request letter with supporting documentation. After review by staff, a decision letter is issued by the director. The length of time it takes will depend upon the complexity of the modification and if it needs to be reviewed by staff in different departments, but it is a relatively quick process. The developer does not need to wait for a decision on the overall project to request a modification. Commissioner Bronson has concerns about lot size averaging. Do the requirements state how small the smallest lot can be? He is concerned a future code change could make the smallest lot nonconforming. The proposed amendments could lead to a development with similar sized houses, but different sized lots where much of the lot is unusable, but is taxed on the total amount ofland. So could someone with a larger lot, but less usable land, be taxed the same or more than someone with a smaller lot but more usable land? Ms. Shull responded that on page 19 of Exhibit A, for lot averaging, the site must have some relatively flat as well as steep portions. The steeper portions of the site should have the larger lots. In no case may any lot with a slope of 15 % or greater be created at a size smaller than the minimum lot size of the underlying zoning district. Reduced lot sizes up to 50% of the minimum lot size of the underlying zoning designation, but in no case less than 5000 square feet for each single-family residential building lot or no less than 1800 square feet for each lot for zero-lot line townhouse lot, may be allowed on potions of the site with less than a 15% slope. In regards to the tax rate, appraisal is a complicated process and each site is unique. Sometimes if a lot is considered less "usable," it may not be appraised as high as a more "usable" lot. However, if the site has a view, it could be appraised higher. In the first proposed code amendments, lot size averaging was a requirement, but staff has changed that for the second proposed amendments and now lot size averaging is an option. Commissioner Bronson asked if someone purchases an existing developed property and wants to rebuild the house on the current foundation, would they have to meet the proposed requirements if they have existing slopes that do not meet the proposed requirements. Ms. Shull replied that if it is an existing slope, the City would not require the owner to re-grade the property to make it a 3: 1 slope. The requirements would apply only if someone is creating a slope. Commissioner Long is concerned that there are no established criteria for approving a modification for a retaining wall or slope and suggested that some be included. Ms. Shull replied there are some recommended criteria on page 16 of Exhibit A. They are in the beginning general section under the purpose language and would apply to clearing, grading, and tree retention. Commissioner Long replied that it was not clear enough to him and what about health and safety. Commissioner Long asked for clarification regarding fence height. A fence up to six feet in height is currently allowed in any building setback without a building permit. Ms Shull replied that staff envisions that many retaining walls will be placed near or on property lines and expects that the homeowner on the uphill side will want a six-foot high fence for safety. The four-foot wall and six-foot fence will create a ten-foot barrier that staff believes is high, but acceptable. Staff anticipates there will be higher walls allowed due to the modification process and so if the wall is higher than four feet, a fence on the uphill side is limited to 42 inches. The 42 inches is a standard height for safety railing and staff does not want to go higher because it could mean a barrier higher than ten feet. Commissioner Long stated he is concerned that the 42 inches would not be high enough to keep kids from jumping over it. He is also concerned that most citizens do not know they need a permit for some fences. Ms. Shull agreed that public education will be needed. Commissioner Carlson had questions about preparation of the tree survey. One thing it asks for is the general location of trees within 50 feet of the site. Since it would likely be difficult to actually survey the trees off site, he is requesting staff to clarify that by general location the intent is to not impact the root zone of any off site trees. Ms. Shull agreed that is the intent. To be consistent he asked staff to use the language from page 16 regarding general location on page I, in item 20-83(b)(8). He agreed with Commissioner Long that more criteria are needed for approving a modification. KIPlanning Comrnission\2009\Meeting Summary 01-21-09.doc Planning Commission Minutes Page 5 January 21, 2009 Commissioner Medhurst asked if the 42 inch fence height would pertain to retention ponds. Ms. Shull replied the intention ofthis fence requirement is not for retention ponds but between residential properties. Staff may need to modify the language to make this clear. Commissioner Carlson commented that on page 21 it specifies how may trees units per acre based on zone and then on the following page there are credits for replacement trees and existing trees. If the site is fully wooded and one can establish one meets the thresholds through timber cruising methods, or something similar, does a surveyor need to physically locate all of the trees on the site? If a surveyor can locate trees in one area to meet the thresholds, does a tree survey need to be done on the entire site? Ms. Shull responded the City would accept both suggested methods for determining if the site meets the thresholds and a tree survey of the entire site would not have to be performed. Commissioner Carlson asked that this be made clear in the proposed amendments. Commissioner Bronson moved (and it was seconded) to continue the public hearing to the next meeting [February 4,2009, at 7:00 p.m. in the City Council Chambers] with the intent to finish the public hearing at that meeting. He commented that this is a complex issue that staff and the Commission have been working on for over a year and since we have comments from a number of different sources, it is time to move the issue on to the City Council. Commissioner Carlson moved (and it was seconded) to amend the motion to state that the deadline for written comments is today [January 21, 2009] and that verbal comments will be accepted at the next meeting. The Commissioners discussed this issue. The intent behind the amendment is to free staff from having to review and comment on additional comments. Commissioner Medhurst expressed concern that someone may have comments but would be unable to attend the next meeting. Commissioner O'Neil commented that the Commission is effectively creating a deadline for comments if they vote on this issue at the next meeting. Commissioner Long suggested leaving the record open with the understanding that staff does not have to review or comment on written comments. Commissioner Bronson commented we need to move this issue forward and written comments can be read into the record at the next meeting. Commissioner Elder commented that we want a well-done product, but we also need to move the issue forward to the City Council. Chair Pfeifer and Commissioner Medhurst expressed concern over restricting public comment. Commissioner Carlson withdrew his amendment. The vote was held on the main motion to continue the public hearing to the next meeting [February 4, 2009, at 7:00 p.m. in the City Council Chambers] with the intent to finish the public hearing at that meeting and it carried. Ms. Clark asked that any written comments be delivered by noon on Monday to give staff time to review and comment. ADDITIONAL BUSINESS None AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 9:00 p.rn. K\Planning Comrnission\2009\Meeting Sununary 01-21-09.doc ~ CITY OF ~ Federal Way MEMORANDUM January 29,2009 To: Merle Pfeifer, Chair, Federal Way Planning Commission FROM: Greg Fewins, Director of Community Development Services Janet Shull, AICP, Senior Planner Margaret H. Clark, AICP, Senior Planner SUBJECT: Continuation of Public Hearing - Clearing, Grading, and Tree and Vegetation Retention Code Amendments MEETING DATE: February 4,2009 I. BACKGROUND The Planning Commission conducted study sessions on this topic September 19 and November 7, 2007, and January 16, 2008. Following these study sessions, staff conducted a workshop with the City Council Land Use/Transportation Committee (LUTe) to provide a briefing on the topic and receive direction prior to beginning development of the proposed code amendments. The Planning Commission opened the public hearing on the proposed code amendments for Clearing, Grading, and Tree and Vegetation Retention at their November 5, 2008, meeting and continued the hearing to November 19, 2008, January 7,2009, and January 21,2009. At the January 21,2009 hearing, staff made a presentation summarizing the changes made to the first draft of the proposed code amendments that were represented by Exhibit A, attached to the January 21,2009, Planning Commission packet. Following the staff presentation, there was additional public testimony. Planning Commissioners voted to continue the public hearing to February 4, 2009, with the intent of taking action on the proposed code amendments. ll. PUBLIC COMMENT TO DATE AND REVISIONS TO THE FIRST DRAFT OF THE PROPOSED CODE AMENDMENT In addition to the public testimony received by the Planning Commission at each of the public hearing dates listed above, staff met with representatives of the Master Builders Association on December 2, 2008, to discuss the ftrst draft ofthe proposed code amendment. Clearing, Grading and Tree and Vegetation Retention Proposed Code Amendment Planning Commission Memorandum Meeting Date: February 4, 2009 Page I On January 23,2009, staff met with citizens (primarily single-family homeowners) who had concerns about how the proposed code amendments would potentially affect them. The concerns were focused primarily on wanting more clarity as to what could be done on private residential property with regard to maintenance of yards and related tree and vegetation removal. In addition, concerns were expressed regarding the proposed language in the enforcement section. In particular, there was concern that the city would impose fees for removal of trees on single-family homeowners who might not be aware they were violating code requirements. Staff agreed to review the draft code language in light of these concerns and have proposed amendments that are contained in the January 29,2009, version attached as Exhibit A to this memorandum. III. SUMMARY OF CHANGES MADE TO THE FIRST DRAFT OF THE PROPOSED CODE AMENDMENT SINCE THE JANUARY 7, 2009 MEETING The draft code amendment attached as Exhibit A to this memorandum represents the final staff draft for Planning Commission consideration. Subsequent to the January 7,2009 meeting, staff made a few additional edits to the draft. These changes are summarized in Exhibits B and C, Summary of Master Builders' Comments and Summary of Single-Family Homeowners' Comments respectively. In some cases requested changes were made, and in some cases requested changes either were not supported by staff, or staff addressed the comment in a manner other than the specific requested change. The staff response to each request is noted in the tables. As many comments have been received from many parties in both oral and written testimony during the course of the public hearing process, staff has done our best to represent the general nature of comments received throughout the process. However, each individual comment or commenter is not specified in the staff response. IV. STAFF RECOMMENDATION Staff recommends that the proposed code amendments as presented in the January 29,2009, Exhibit A be forwarded to the City Council for approval. V. NEXT STEPS Upon conclusion of the public hearing on the proposed Clearing, Grading, and TreeNegetation Retention Code Amendments, and following deliberations, the Planning Commission has three options for proceeding with the proposed code amendments as follows: 1. Forward to the City Council a recommendation to approve the proposed code amendments as presented in the January 29,2009, Exhibit A. 2. Modify the proposed code amendments as presented in the January 29,2009, Exhibit A and forward to the City Council a recommendation to approve the proposed code amendments as modified by the Planning Commission. Clearing, Grading and Tree and Vegetation Retention Proposed Code Amendment Planning Commission Memorandum Meeting Date: February 4, 2009 Page 2 ENCLOSURES Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J 3. Recommend the proposed code amendments presented in the January 29,2009, Exhibit A not be adopted. 4. Forward to the City Council the proposed code amendments presented in the January 29,2009, Exhibit A without a recommendation. January 29,2009, Proposed Clearing/Grading, and Tree Retention Code Amendments Table: Summary of Master Builders' Comments (with Staff Response) Table: Summary of Single-Family Homeowners' Comments (with Staff Response) Examples of Grading Drawings from the Master Builders Association January 12,2009, Letter from Dale A. Roper January 22, 2009, E-mail from Paul Gobat January 23,2009, Letter from Martin Cannon January 23,2009, Letter from Bruce Lee January 26,2009, Letter from Peter Townsend January 26, 2009, E-mail from Robert Ormsby K:\2008 Code Amendments\Trees, Vegetation, & Grading\Planning Commission\020409 Public Hearing\020409 memorandum to Planning Commission. doc Meeting Date: February 4,2009 Page 3 Clearing, Grading and Tree and Vegetation Retention Proposed Code Amendment Planning Commission Memorandum EXHIBIT A (edited 01-29-2009) CLEARING, GRADING, AND TREE RETENTION CODE AMENDMENTS Federal Way City Code, Chapter 20, Subdivisions Article II, Plats, Division 8, Short Subdivision Plats 20-83 Content and form of application. (a) An application for approval of a short subdivision shall be made to the department of community development services upon forms furnished by the city. Applications shall be made by the owner or owners of the parcel or parcels of all property encompassed by the application or by a duly authorized agent. The owner or owners of a.11 parcels to be included must join in or be represented in the application. (b) The application shall include seven prints of the proposed short subdivision drawn to a scale of one inch represents 50 feet or larger, and should be accompanied by the following information: (1) Proposed name of the plat. (2) Location by section, township, range, and/or by other legal description. (3) Name, address, and phone number of developer. (4) Name, address, and phone number of each property owner. (5) Name, address, and phone number of registered land surveyor. (6) Scale of drawing, date, and north point. (7) Existing topography of the land indicated by contours of two-foot intervals for slopes less than 20 percent 15% and five-foot intervals for slopes of20 peroent 15% or greater. (8) Accurate delineation of steep slopes 40% or greater. (& 2) Location and extent of significant natural features on and immediately adjacent to the site. Such features shall include, but are not limited to, streams, wetlands, views, significant stands of trees, and water bodies to the extent that significant natural features and/or their associated buffers affect the proposed short subdivision. (10) Preliminary clearing and grading and tree/vegetation retention plan consistent with the requirements of Article XXx, Clearing. Grading. and Tree and Vegetation Retention. (9 11) Comprehensive plan and zoning classification of the proposed short subdivision and adjoining properties. (M 12) Adjacent common ownerships and the land or lot divisions of adjoining properties not in common ownership for a distance of at least 100 feet around the perimeter of the property proposed for subdivision. (H U) Location, widths, and names of existing or prior platted streets, railroad or utility rights- of-way or easements, access easements, slope easements, parks and other public spaces, and existing permanent structures to be retained within and adjacent to the proposed short subdivision. Where the property had been previously subdivided, the original lots, blocks, streets, easements, etc., shall be shown in dotted lines in scale with the proposed short subdivision. (H U) Existing and proposed water, sewer, and drainage utilities on, under, or over the land showing size, grades, and location. (H 14) Layout of proposed streets, pedestrian walkways, and easements. (MU) Layout, number, lot sizes, and dimensions of proposed lots. (H 16) Parcels of land intended to be dedicated for public use, or reserved for use of owners of the property in the short subdivision. (M 17) Building setback lines. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 1 of 42 (H 18) The location and size of all ditches, culverts, catchbasins, and other parts of the design for the control of surface water drainage. (+8 19) Typical roadway sections (existing and proposed). (!-9 20) Total acreage of the site platted prior to creation of any lots, tracts, or other dedications. (;W 21) Acreage precluded from development due to the presence of critical areas, including: wetlands, streams, steep slopes, and other features (along with buffers), broken out by category, covered by critical areas regulations. (U 22) Acreage dedicated for public rights-of-way (for both newly created streets and expansions of existing streets), as well as private tracts, alleys, and ingress/egress and utilities easements created for the purpose of providing access to lots. (~23) Acreage of tracts (or other areas) dedicated for retention/detention/drainage facilities, open space and parks, or other on-site public facilities. (B 24) Net plat area, which is gross plat area minus critical areas, rights-of-way, and public purpose lands. (~25) Vicinity map indicating the proposed short subdivision's relation to the area. (~ 26) A copy of the current county quarter section map for the appropriate area. (~ 27) If applicable under FWCC 18-141 et seq., completed checklists or other required environmental documentation. (~28) The fee established by the city. The application shall not be accepted unless it is accompanied by the requested fee. (~29) Additional information as required at the discretion of the director. (Ord. No. 90-41, ~ 1(16.150.10-16.150.30),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 07-554, ~ 5(Exh. A(2)), 5-15-07) Article II, Plats, Division 9, Preliminary Plat 20-111 Content and form of application. (a) An application for approval of a preliminary plat shall be made to the department of community development services upon forms furnished by the city. Applications shall be made by the owner or owners of the parcel or parcels of all property encompassed by the application or by a duly authorized agent or agents. The owner or owners of all parcels to be included must join in or be represented in the application. (b) The survey of the proposed subdivision and preparation of the plat shall be made by, or under the supervision of, a registered land surveyor who shall certify that it is a true and correct representation of the lands actually surveyed. (c) The application shall be accompanied by the following information: (1) Ten prints of the proposed preliminary plat drawn to a scale of one inch represents 100 feet or larger. The preliminary plat drawing shall include the following specific information: a. Proposed name of the plat. b. Location by section, township, range, and/or by other legal description. c. Name, address, and phone number of developer. d. Name, address, and phone number of each property owner. e. Name, address, and phone number of registered land surveyor. f. Scale of plat, date, and north point. g. Existing topography of the land indicated by contours of two-foot intervals for slopes less than 20 pereent 15% and five-foot intervals for slopes of20 percent 15% or greater. h. Accurate delineation of steep slopes 40 percent or greater. hi. Location and extent of significant natural features on and immediately adjacent to the site. Such features shall include but are not limited to streams, wetlands, views, sigaifieant stands of trees, and Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 2 of 42 water bodies to the extent that significant natural features and/or their associated buffers affect the proposed preliminary plat. i. Preliminary clearing and grading and tree/vegetation retention plans consistent with FWCC Article XXX, Clearing, Grading, and Tree and Vegetation Retention. i k. Comprehensive plan and zoning classification of the proposed plat and adjoining properties. j 1. Adjacent common ownerships and the land or lot divisions of adjoining properties not in common ownership for a distance of at least 100 feet around the perimeter of the property proposed for subdivision. k m. Location, widths, and names of existing or prior platted streets, railroad or utility rights- of-way or easements, parks or other public spaces, or existing permanent structures to be retained within and adjacent to the proposed plat. Where the property had been previously subdivided, the original lots, blocks, ~treets, easements, etc., shall be shown in dotted lines in scale with the proposed plat. l n. Existing and proposed water, sewer, and drainage utilities on, under, or over the land showing size, grades, and location. m o. Layout of proposed streets, pedestrian walkways, and easements. ft ~ Layout, number, lot sizes, and dimensions of proposed lots. e 9.:....Parcels of land intended to be dedicated for public use, or reserved for use of owners of the property in the subdivision. ~ !::. Building setback lines. Et ~ The location and size of all ditches, culverts, catchbasins, and other parts of the design for the control of surface water drainage. f t Typical roadway sections (existing and proposed). s u. Total acreage of the site platted, prior to creation of any lots, tracts, or other dedications. t v. Acreage precluded from development due to the presence of critical areas, including: wetlands, streams, steep slopes, and other features (along with buffers), broken out by category, covered by critical areas regulations. 'I:l w. Acreage dedicated for public rights-of-way (for both newly created streets and expansions of existing streets), as well as private tracts, alleys, and ingress/egress and utilities easements created for the purpose of providing access to lots within subdivisions. v x. Acreage of tracts (or other areas) dedicated forretentionldetentionldrainage facilities, open space and parks, or other on-site public facilities. w y, Net plat area, which is gross plat area minus critical areas, rights-of-way, and public purpose lands. *' ~ Vicinity map indicating the proposed subdivision's relation to the area. (2) A copy of the current county quarter section map for the appropriate area. (3) A list of the names and addresses of all owners of real property, as shown by the records of the county assessor located within 300 feet of any portion of the boundary of the proposed subdivision and any adjoining real properties owned by the owners of the lands proposed to be subdivided. If the owner of the property which is proposed to be subdivided owns adjacent property, the addresses of owners of property located within 300 feet of any portion of the boundaries of such adjacently located parcels must also be provided. (4) Three sets of stamped envelopes with address labels for all owners described in subsection (c)(3) of this section. (5) One II-inch by 17-inch reduced paper copy of the preliminary plat map. (6) If applicable, a phasing plan, showing divisions of the plat and a proposed timetable for construction of each division. (7) A complete environmental checklist pursuant to environmental policy, FWCC 18-26 et seq. (8) Preliminary plat certificate not less than 90 days old from a licensed title insurance company. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01129/2009 Page 3 of 42 (9) Additional information as required at the discretion of the director of community development servIces. (d) Upon submittal of the preliminary plat application, the applicant shall tender payment of required fees. Such fees shall be determined according to a standard fee schedule approved by the city council. The purpose of such fees is to defray the city's cost in processing the application. (Ord. No. 90-41, S 1(16.50),2- 27-90; Ord. No. 97-291, S 3, 4-1-97; Ord. No. 98-309, S 3, 1-6-98; Ord. No. 07-554, S 5(Exh. A(2)), 5-15-07) Article III, Design Criteria 20-154 Cluster subdivision. (a) Purpose. The term cluster subdivision applies to both long and short subdivisions. The purpose of cluster subdivisions is to provide design flexibility, sensitivity to the surrounding environment, and innovation consistent with the site and the comprehensive plan; promote compatibility with housing on adjacent properties through lot size and design; promote affordable housing; promote reduction of impervious surface; and promote usable open space: and promote the retention of native vegetation. (b) Standards. (1) The gross land area available for cluster subdivisions must be a minimum of two acres. (2) Lots created in a cluster subdivision may be reduced in size below the minimum required in Chapter 22 FWCC, up to one-half of the size of the underlying zoning requirement, but in no case smaller than 5,000 square feet, per lot; provided, that minimum setback requirements are met. This provision cannot be used together with FWCC 22-976(d)(1) (affordable housing bonus). (3) When the cluster subdivision abuts a single-family zoned neighborhood, the lots in the proposed development immediately adjacent shall be no less than the neighboring lot size, or the underlying zoning minimum lot size minus 10 percent, whichever is smaller. (1) Cluster lots may not be ereated on slopes of 15 percent or greater. Slopes are to be measured in their natural state. Refer to FWCC 22-XX16 for additional development standards for sites with slopes of 15% or greater. (~~) Open space. a. Open space created through cluster subdivisions shall be protected from further subdivision or development by covenants filed and recorded with the final plat of the subdivision. b. Any subdivision created by this section must provide all open space on-site and it must be all usable except up to five percent can be buffer. c. All usable open space must be readily identifiable with the development and easily accessible by the residents. Usable open space should be the central focus and an amenity for the project. ((} ~) Cluster subdivisions can be constructed with zero lot lines under the following conditions: a. No more than two units shall share a common wall. b. Zero lot line cannot occur in zones ofRS 9.6 or greater. c. Each dwelling unit shall be built to respect privacy of abutting homes. d. Zero lot line development cannot exceed 10 percent of the lots proposed unless it is in a multifamily zone. e. Each unit shall be intended for owner occupancy. (+ Q) Cluster lots are not eligible for accessory dwelling units under FWCC 22-613 or 22-648. (c) Approval criteria. The innovative or beneficial overall quality of the proposed development shall be demonstrated by the following criteria: (1) The subdivision provides innovative development, otherwise not allowed, but which promotes the goals of the comprehensive plan for architectural compatibility with single-family housing on adjacent properties. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 4 of 42 (2) The subdivision results in 15 percent common open space of which at least 10 percent of the gross land area must be usable on-site open space, which is identified with the development and easily accessible to residents. (3) Native tree retention in accordance with FWCC 22-XX18 et seq. (J. ~) Cluster lots immediately adjacent to existing neighborhoods have incorporated design elements through lot size and architecture to be compatible as approved by the community development services director. (4 ~) The cluster subdivision will not result in destruction or damage to natural, scenic, or historic features. (~Q) Each dwelling unit shall meet the design standards in the FWCC community design guidelines for cluster subdivisions. (Ord. No. 90-41, ~ I (16.240.10 -16.240.30),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 98-309, S 3,1-6-98; Ord. No. 98-330, S 3,12-15-98; Ord. No. 01-381, S 3,1-16-01; Ord. No. 07- 554, S 5 (Exh. A(2)), 5-15-07) Article IV, Improvements 20 179 Retention of vegetation. (a) All natural vegetation shall be retained on the site to be subdivided exeept that 'Nhieh will be remo';ed for improvements or gradiRg as shovm on approved engiaeering plans. For zero lot line te"flHumse de';elopment, elearing and grading shall be alle':;ed te aeeommodate the eenstmetion of the building(s). If development is to be phased, elearing and grading shall also be phased. A preliminary elearing and grading plan shall be submitted as part of preliminary plat applieation. (h) Existing mature ';egetations shall be retained to the maximum exteat pessiBle. Preservation of signifieant trees pursuant to FWCC 22 1568 shall apply solely to the de';elopment of each single family lot at the time a building permit is applied for. (e) Lots ereated on slopes of 15 pereent or greater shall minimize grading and shall not result in extensive use of retaining walls. Slopes are to be measured in their natural state. (Ord. No. 9Q 41, ~ 1(16.290), 22790; Ord. Ne. 97291, ~ 3, 1 1 97; Oni. Ne. 98330, ~ 3, 12 1598; Ord. Na. 07 551, ~ 5(Exh. .^.(2)), 5 15 07) (d) Where safe and feasible, the meandering of streets and/or sidewalks armHld signifieant trees is eneouraged. (e) All street trees and other plantings shall be installed in eonformanee with standard landseaping praetiees and with apprepriate city guidelifles and regulations. (Ord. No. 90 11, ~ 1 (16.360.1 0 Hd60.40), 2 27 90; Ord. No. 97 291, ~ 3, 1 1 97; Ord. }Ie. 07 551, ~ 5(Exh. A(2)), 5 15 07) 20 186 Landseaping pF9teetion and enhaneement. (a) .^.landsoape plan prepared by a lieensed landseape arehiteet shall be submitted with eaeh application for a land di';ision. The plan shall identify existing 'Hooded areas, signifieant trees, meadoy;s, reek outcroppings, and other landseape features. The plan shall also show proposed buffers, epefl Sf>aees, street trees, and other omamentallandscaping. (b) Signifieant trees, as defined in Chapter 22 FWCC, Zoning, shall be identified, exeept fer those to be removed in areas to be impro'red or graded as shO'.VIl on the applieation for a hmd division. During eonstruction of impro';ements and permitting ofbuildiRgs, protection teehniques, as required in Chapter 22 F'NCC, Zoning, shall be used to proteet the identified trees from harm or destruetion, and to restore trees damaged or lost. Significant trees to be preserved shall be visibly marked by flagging. (c) Where saf-e and feasible, the meandering of streets and/or sidewalks aroood signifieant tr-ees is encouraged. (d) All street trees and other plantings shall be installed in eonformanee with standard landseaping praetices and with apprepriate eity guidelines and regulations. (Ord. No. 9011, ~ 1(16.360.10 16.360.10),2 27 90; Ord. No. 97 291, ~ 3,4 1 97; Ord. Ne. 07 551, ~ 5(EKh. ,^.(2)), 5 15 07) Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 5 of 42 Chapter 22, Zoning Article I, In General 22-1 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Average building elevation (ABE) means a reference datum on a subject property from which building height is measured. ABE is the average of the highest and lowest existing or proposed elevations, whichever is lowest, taken at the base of the exterior walls of the structure; provided, that ABE shall not be greater than five feet above the lowest existing or proposed elevation. , , , , i ------, 5' 1... ..._ a.o...t Rofo""'" Hgh.ft 80_ _(ABE) Ele_ Building segment means that portion of a terraced building on a sloping site which has a separate roof line or finished floor elevation with a grade change of at least four feet Clearing means the destruction and removal of vegetation by manual. mechanical. or chemical methods. Critical root zone shall be defined as: an area equal to 12 inches radius for every one inch of tree diameter measured at four and one-half feet above ground. Cut means a portion of land surface or area from which earth has been removed or will be removed bv excavation. Also known as excavation. Diameter at Breast Height ( dbh) means the diameter of a tree trunk as measured at 4.5 feet above the ground surface. Fill means deposition of earth materials bv artificial means. Grading means altering the shape of ground surfaces to a predetermined condition: this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled c n. Height of structure means the vertical distance above the measured from the average ~uilding elevation measured around the building or building segment to the highest point of a flat roof or to the deck line of a mansard roof, or to the mid-point between eave and ridge of the highest principal roof of a gable, hip, gambrel, or similar sloped roof. For single-family residential structures where the total area of dormers exceeds 35 percent of the total area of the underlying sloped roof, height will be measured to the ridge of the highest principal gable. Invasive species include non-native species of plants or animals that out-compete native species in a specific habitat and that cause or are likely to cause economic or environmental harm or harm to human, animal or lant health. Invasive s ecies include s ecies on t . us weed li maintained b the Kin Coun Noxious Weed Control Board. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 0 I /29/2009 Page 6 of 42 LaNd surftLCc l'nedijicatiel'l means the olearing or removal of trees, shrubs, groundeover and other vegetation and all grading, exoavation and filling aotivities. Landscaping means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. Native vegetation includes native. undisturbed areas or rehabilitation of previously disturbed areas that consist of trees, plants. forest litter, and understory indigenous to the Pacific Northwest or near natives that are suitable for the Pacific Northwest climate. Invasive species. such as Himalavan Blackbe or Scotch Broom are not native s ecies. Significant natural vegetation means any area containing a concentration of signifieant trees; any area of significant biological importance; and any area containing dense, mature, native vegetation. SignificaNt tr-ccs. /'1 "significant tree" shall be defined as: (1) TY/elve inohes in diameter or 37 inohes in oiro\:lfFl.ferOfloe measured f01:lf and one half feet abo';e ground; afld (2) In good health; and (3) Not detrimental to the oOrrHllUllity (e.g., is Bot diseased, dying, ar likely of falling iFlta publio open spaoe or right of way, eto. as determined by a lieeBsed arborist or forester) or obse1:1ring safe sight distanoe requirements. Signifioant trees shall not inelude red alder, eottomvoad, poplar ar big leaf maple. Topsoil means the uppermost strata of soil containing a large percentage of organic materials and which is capable of providing suitable nourishment for vegetation. Tree means any self-supporting perennial woody plant characterized by one main stem or trunk of at least six inches in diameter measured four and one-half feet above ground. or a multi-stemmed trunk system with a definite crown. maturing at a height of a least 20 feet above ground level. Trees-Deciduous means trees that shed or lose their foliage at the end of the growing season. Trees-Ever een means trees that retain eir leaves for ore than one owin season. 22-33 Development application submittal requirements. (a) Generally. All projects which require a determination to be made as to whether a complete application has been submitted must at the minimum provide the information contained within this section. The submittal requirements are not intended to determine if an application conforms to city of Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 7 of 42 Federal Way codes. They are used only to determine if all required materials have been submitted. A code-related review will occur after a complete application has been submitted. (b) Contents. The following comprise the contents of a complete application for the purposes of this section: (1) Master land use application. (2) Application fees as set out in the adopted fee ordinance. (3) Copy of underlying plat or King County assessor's parcel map. (4) Statement of architectural design intent, finish materials, and colors sufficient to meet the intent of Article XIX, Community Design Guidelines. (5) Vicinity map. (6) Current letters of water and sewer availability (only required for vacant property). (7) Two copies of current title report for subject property. (8) Eight complete and bound sets of drawings. Minimum drawing set shall include a topographic survey, site plan, preliminary drainage and grading plan pursuant to FWCC 22-XXX4. preliminary tree/ vegetation retention plan -pursuant to FWCC 22-XXX4; preliminary landscape plan, and building elevations. All submitted plans should be folded to 8-1/2 by 11. Maximum plan sheet size shall be 24-by- 36 inch. Further reductions may be requested for public hearing purposes. A list containing detailed requirements for the contents of each of these plans is available at the department of community development services. a. All plans must be drawn at an engineering scale with the entire site plan to fit on one sheet and allow all information to be readable. All plans except building elevation drawings must be at the same scale. b. Design drawings for building permits, including civil drawings, must be at an engineering scale of one inch represents 20 feet. c. If the development proposal has a value of $75,000 or greater, the site survey, site plan, preliminary drainage, grading, right-of-way plans, and building elevation plans shall be prepared by a certified professional licensed in the state of Washington. The survey shall be prepared by a certified land surveyor; and the site plan, drainage, grading, right-of-way plans, and building elevations by a certified architect or engineer. Regardless of the value of the development, landscape plans must be prepared by a Washington State licensed landscape architect. (9) Site photographs from each compass point (north, east, south, and west) must be referenced on the site plan. (10) Eight copies of the completed, signed, and dated SEPA checklist. (11) List of addresses of all property owners within 300 feet of the boundary ofthe proposed project (please refer to the city's bulletin titled "Proeedures for Obtaining Mailing Labels"). (12) Stamped envelopes addressed to all property owners within 300 feet of the boundary ofthe proposed project, with return address of the City of Federal Way, Department of Community Development Services, 33530 First Vlay South, Federal 'Nay, V1A 98003 (please refer to specific process, whether process III, N, or V for the number of sets of envelopes to be provided). (13) Four copies of each special study that may be required (please contact the department of community development services to determine which studies are required for a specific project). Below are special studies that may be necessary with the site plan application. If special studies are required, please provide four copies. a. Level one downstream storm drainage analysis as described in the 1990 King County Surface Water Design Manual (KCSWDM) as amended by Federal Way. b. Detailed narrative on the relevance of the core and special requirements of the 1990 KCSWDM. c. Traffic impact analysis. d. Parking study. e. Soil study. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 8 of 42 f. Geotechnical study. g. Wetland delineation and/or wetland mitigation plan. h. Stream delineation. i. Significant tree inventory and r-etention plan. (14) Any additional information or material that the director of community development services determines is reasonably necessary for a decision on the matter. (Ord. No. 97-291, ~ 3, 4-1-97) Article XIII, Supplementary District Regulations 22 962 Planting requirements fur eertain trees. (a) The following types of trees may not be planted eloser than the listed minimum planting distance to rights of way or se'uers: - +Fees Minimum Planting Distance fB .^.i1at1:ms altisinia (Tree of Hea'/en) ~ ~ Gatalpa ~ ~ Cottonwood 4()! t4j Juglamus nigra (Black Wahwt) ~ ~ Platanus (Plane, Sycamore) 4()! f6j Populus (Poplars) 4()! ff.) Salix (Willo'Ns) ~ f&j Ti1ia americana (Bass\\'ood) ~ t9j U1mas (Elm) 4()! (b) In addition to any other enf-orcement meehanism er penalty eontained witmR ar al:ltherized by this ehapter, any person violating this pro'/ision is responsible for any damage eatlsed by the tree or trees. (Ord. No. 90 43, ~ 2(115.110), 22790) DiyisiOB 7. LaBd :ModifieatioBS 22 1091 Ceneral provisions. (a) General. The applioant shall eomply with this section with respect to all laRd surface modifications. The requirements of Chapter 22 P.VCC, .\rticle XN, Critical :\reas, shall govern for fill eccl:HTing in critioal aquif-er recharge areas and wellhead proteotion areas. (b) Nature of fill materials. .^Jl materials used as fill must be Rondissolying and nondecomposing. Fill materials must not eontain organie or inorganic material that would be detrimeatal te 'Nater quality or existing habitat or create any other sigRifieant adverse impaots to the efI'tironment. (Ord. No. 90 43, ~ 2(115.75(1), (2)), 2 27 90; Or-d. No. 90 77, ~ 3(115.75(1), (2)), 12 11 90; Ord. No. 04 4(18, ~ 3, 11 Hi 04) 22 1092 BaRds. The oity may require the follo\'/ing bonds for any land surfaee modificati0R approved by or under iRis division: (1) .^... performanee bond to guarantee that the land surfaee modificatioR '",ill eonform to eity standards and requirements. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 9 of 42 (2) .^. maintenance bond for the stability of the work and the preservation of vegetation. (Ord. No. 90 13, ~ 2(115.75(5)),227 90; aId. No. 90 77, ~ 3(115.75(5)), 12 11 90; Ord. No. 01 168, ~ 3,11 1601) 22 1093 Permitted oatright. .\ land surface modification is permitted only if it: (I) Has been appro'led as part of a yalid development permit (except grading permits issued under chapter 70 of the city's building code), subdivisiofl, or substafltial deyelopmeflt permit; (2) Is for cemetery graves; (3) Is in a right of 'Nay and authorized in writing by the director of the depa-rtment of public ~ , (1) Is for mining, quarrying, excavating, processing, stockpiling of rock, sa-nd, gravel, aggregate or clay where a permit has been issued by the state depa-rtment of natural resources; (5) Is for explora-tory excayations ooder the direction of a professional engineer licensed in the state; provided, that the extent of the land surface modification does not exceed the minimum necessary to obtain the desired inf{)rmation; (6) Is for normal maintenanoe and repair of the faeilities of a eammon carrier by rail in interstate eommeree '.vi thin its existing right of '....ay; (7) Is for excavatiofls for utility serviee connections to serve existing and/or new struetures and is outside any area that is '....ithin the jurisdiction of FWCC 22 1221 et seq.; (8) Is f{)r actions which must be undertaken immediately, ar within a time too short to allow for oompliance with the permit requiremefl.ts of FWCC 22 1091, to aV0id an imminent threat to p1:1blie health or safety; to preyent a-n imminent danger to public or private property; ar ta preT;ent an immifl.efl.t threat of serious enyironmental degradation. This determination will be made by the direetor Elf community development; (9) Is for the remoT;al of overhanging vegetation and fire hazards or for removal ofhlackberry vines or dead, dangerous or diseased trees '.vhen authorized by the buildifl.g official; (10) Is for placemeflt of fill on land oWHed or oontrolled by the city; (11) Is an integral part of an ongoing agricultural or horticultural use on the subject pr-operty; (12) Is conducted OIl property whieh. coffiains a detaohed dwelling ooit and which., beoause ofthe size of the property or the location of the d'.velliIlg ooit, oannot be further subdivided or divided; or (13) Complies with all of the followifl.g criteria: a. The subject property contains a permanent huildiIlg or an active use. b. The la-nd surfaoe modification will not change the points where the storm-water or groundwater enters or exits the subject property; and will not cha-nge the qua-lity, quantity, or velocity of stormwater or ground'l;ater. c. The land surface modification is outside a-ny area that is within the jurisdiotiaR afFWCC 22 1221 et seq. d. In anyone year period, not more th.an 100 cubic yards of fill fl.'laterial is deposited E1fl., excayated and remoT/ed from or moved from place to place on the subject prElperty. If the subjeet property is larger than one acre, the limit is 100 cubie yards ,....ithiIl eaeh aere. e. No trees defined as significa-nt trees will be remoT;ed and no vegetatiofl. will be removed if that vegetation was required to be retained by 0r through any aeT/elopment permit issued under this chapter or any prior zoning code. f. If the subjeet property is two acres or larger and has 20 percent Elf more of its area oayered '-'lith natiT;e T/egetation, the land surface modificati0fl ,-,fill not remoye more than 20 percent of that fl.atiye vegetation. The limita-tions of this subseotion apply to all land sudace modifioation an the subjeot property over time. g. The land surfaoe modifieation will not result in more th.an a two f{)ot inerease or one f{)ot decrease iIl the aT/erage eleyation of the subject property, computed using the elevation ofthe midpoint of each property line. (aId. No. 90 13, ~ 2 (115.75(3)), 22790; aId. No. 90 77, ~ 3 (115.75(3)), 12 11 90; aId. No. 01 168, ~ 3, 11 Hi 01) Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 10 of 42 22 1094 Diseretionary appro"lal. (a) Generally. /\.land slH"face modification that does not meet the requirements ofFWCC 22 1093 may be approved through prooess III. (b) Required information. In addition to the a-ppliea-tion material required in prooess III, FWCC 22 386 et seq., the applicant must submit the following: (1) .^~ recent SlH"vey of the subjeet property. (2) .^~ ma-p showing the limits of the proposed land surfaee modifieation; the location of utilities, easements, right of way improvements and any a-rea regulated under FWCC 22 1221 et seq. that is on or within 400 feet of any area to be distlH"bed by the proposed land sl::lfface modifieation. (3) .^~ tree retention plan. (1) l\n erosion control/eoHstructioR phase stornl'lfater eOfltrol pla-n. (5) .\ soils report which contains sufficient information to determine the flotential impacts of the proposed land slH"faee modification, as ..veIl as proposed meaSlH"es to reduce or eliminate these imflaets, all as determined by the city. (c) Deoisional criteria. The eity may appro'/e the proposed laRd slH"face modifica-tion if it eomplies with the following criteria: (1) Except as allowed l::lflGer this cha-pter, it '."Iill not alter or adversely aff-eot streams, lak-es, wetlands or sigRifieant trees, either on or off the sl::lbjeet proflerty. (2) It v;ill not violate an)' express policy of the eity. (3) It meets at least one of the f{)llowiRg criteria: a. It is necessary te eerreet an erosion or drainage problem efl an undeyeloped site. b. It is Fleeessary to create He'.'" utility or aeeess eorridors. c. Other lHlUsual eirclHTIstanees exist which malc-e it reasonable to pennit land surface modification in ad'/ance ofthe issuanee of a deyelopment permit, sl::lbdi'/ision or short subdiyision a-pproval or shoreline substantial development permit. (DId. Na. 90 43, ~ 2(115.75(4)), 22790; DId. Na. 90 77, ~ 3(115.75(4)), 12 11 90; DId. No. 00 375, ~ 23,2000; Ord. Na. 04 468, ~ 3, 11 1(04) 22 1095 Tree and plaBt restoration. If, during the land slH"face modifioation, any tree required to be retained or plaated is damaged or destroyed, the applicant shall pla-nt a tree of the same speoies at least fiye inches in diameter, as measlH"ed six inehes a-bout the top of the root ball if deciduous and at least 17 feet high if eoniferous, in the immediate vicinity of the damaged or destroyed tree. The city may require the awlicant to remove the damaged or destroyed tree. In additien, if the land slH"face modification destroys groundcoyer or shrubbery, the applioant shall hydroseed the bare soil and plant sh.-ubs at least 24 iflohes iR height in the immediate vioinity of the damaged or destroyed vegetation. (DId. Na. 90 43, ~ 2(115.75(5)),22790; Ord. No. 90 77, ~ 3(115.75(5)), 12 11 90; Drd. No. 04 468, ~ 3, 11 16 04) Division 9, Yard Requirements 22-1133 Structures and improvements. No improvement or structure may be in a required yard except as follows: (1) A driveway and/or parking area subject to the standards of FWCC 22-1135. (2) Any improvement or structure, other than a driveway and/or parking area, that is not more than four inches above finished grade may be anywhere in a required setback yard. (3) An improvement or structure that is not more than 18 inches above finished grade may extend not more than five feet into a required yard. (4) Chimneys, bay windows, greenhouse windows, eaves, awnings and similar elements of a structure that customarily extend beyond the exterior walls of a structure may extend up to 18 inches into Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 11 of 42 any required yard. The total horizontal dimension of the elements that extend into a required yard, excluding eaves, may not exceed 25 percent of the length of the facade of the structure from which the elements extend. (5) Fences and railings not over six feet in height may be located in required yards subject to the fence regulations contained within this article. (6) Rockeries and retaining walls may be located in required yards if: a. The rockery or retaining wall is not being used as a direct structural support for a major improvement~ b. The rockery or retaining wall is reasonably necessary to provide support to a cut, fill or slope~: and c. The rockery or retaining wall also meets the requirements of FWCC 22-XX17 et seq. (7) Signs may be located in required yards subject to provisions ofFWCC 22-1596 et seq. (8) Covered walkways, no more than eight feet wide and 10 feet above finished grade and open along the sides, are permitted in required yards in commercial, industrial-commercial, and office zones. (9) In low and medium density residential zones, the applicant may, through process 1lI, request approval to locate a storage shed in a required yard, except a required front yard. The city may approve the application if: a. The proposed structure is no more than eight feet high above finished grade; b. The maximum length of the facade of the proposed structure parallel to each property line, from which the required yard is not provided, shall not exceed 10 feet; c. The proposed structure contains no more than 120 square feet in total area; d. No reasonable alternative location exists on the subject property due to special circumstances regarding the size, shape, topography or location of the subject property or the location for legally constructed pre-existing improvements of the subject property; and e. Permitting the intrusion onto the required yard will not create a material, negative impact on the character of nearby residential uses. (Ord. No. 90-43, ~ 2(115.115(3)), 2-27-90; Ord. No. 00-375, ~ 24, 2000; Ord. No. 07-559, ~ 3(Exh. A), 7-3-07) New Zonin!! Code Article XXX~ Clearin!!~ Gradin!!~ and Tree and Ve!!etation Retention Division 1. Purpose. Applicability. and Application Reauirements 22-XXXl Puruose. The purpose of this Article is: (1) To promote the public health. safety. and welfare ofthe citizens of Federal Way without preventing the reasonable development of land. (2) To promote building and site planning practices that are consistent with natural topography. soils. and vegetative features. and minimize disturbance to vegetation and soils. (3) To preserve and enhance the city of Federal Way's physical and aesthetic character by preventing untimely and indiscriminate removal or destruction of trees and vegetation and preserving important landscape characteristics that define aesthetic character. such as trees. important vegetation species. and unique landforms or other natural features to the maximum extent possible. (4) To establish and maintain the urban tree canopy and its benefits including: i. Moderating the effects of wind and temperature; ii. Minimizing the impacts of impervious surfaces; iii. Stabilizing and enriching the soil; Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 12 of 42 iv. Improving air quality; v. Improving water quality; vi. Masking unwanted sound; vii. Providing visual relief and screening buffers; viii. Providing recreational benefits; ix. Enhancing the economic value of developments; and x. Preserving and enhancing a valuable asset to the community as a whole. ( 5) To establish procedures and review criteria for approval of Class IV -General forest practices. (6) To encourage site development. including clearing. excavation. and filling. in such a manner as to minimize hazards to life. health. and property. (7) To minimize surface water and ground water run-off and diversion which may contribute to increased instability. sedimentation. or turbidity in streams. lakes. or other water bodies. '(8) To minimize the need for additional storm drainage facilities. (9) To protect fish. wildlife. and their habitats bv promoting the retention and restoration of vegetation in habitat areas. (10) To insure prompt development. restoration. replanting. and effective erosion control of property after land clearing and grading. 22-XXX2 Applicabilitv. (a) Clearing and Grading Platz Approval Required. No person. shall remove any trees. make changes or cause changes to be made in the surface of any land by clearing. grading. filling. or drainage alteration in the city of Federal W av without first obtaining approval of a clearing and grading plan bv the director; except for those activities that are exempt as described in FWCC 22-XXX3. (b) Tree and Vegetation Retention Plan Armroval Required. No person shall remove any trees on a site without first obtaining approval of a tree retention plan bv the director; except for those activities that are exempt as described in FWCC 22-XXX3. Tree and vegetation removal may also require Class IV Forest Practices application approval as administered bv the city of Federal Way per FWCC 22-XX23 et seq. (c) Avplication Review Process ( I) Activities requiring clearing and grading plan approval; tree and vegetation retention plan approval; and/or Class IV forest practices application shall be reviewed and approved in conjunction with the underlying building or land development permit application associated with the proposed activity(ies). (2) Proposed clearing. grading. and/or tree and vegetation removal activities that are not associated with a proposed building or land development activity. nor exempt per FWCC 22-XXX3. may be approved through Process III. subiect to the following criteria: (i) Except as allowed under this chapter. it will not alter or adversely affect streams. lakes. wetlands. or geologically hazardous areas. either on or off the subiect property. (ii) It will not violate any express policy of the city. (iii) It meets at least one of the following criteria: a. It is necessary to correct an erosion or drainage problem on an undeveloped site. b. It is necessary to create new utility or access corridors. c. Other unusual circumstances exist which make it reasonable to permit clearing. grading. and/or tree and vegetation removal in advance ofthe issuance of a development permit. subdivision. or short subdivision approval. or shoreline substantial development permit. 22-XXX3 Exemptions. Nothing in this section shall be interpreted to allow clearing. grading. and/or the removal of trees or other vegetation within sensitive areas or sensitive area buffers where prohibited under FWCC Chapter 22. Article XIV. Critical Areas. or in designated native growth protection areas. The following actions shall be exempt from the provisions of this article: Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 13 of 42 (I) Digging and filling for cemetery graves. (2) Clearing and grading in a right-of-way authorized in writing by the director of the department of public works for pothole and square cut patching; overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage; shoulder grading; reshaping/regrading drainage systems; crack sealing; resurfacing with in-kind material without expanding the road prism; and vegetation maintenance. (3) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or clay where a permit has been issued by the state department of natural resources. (4) Exploratory excavations under the direction of a professional engineer licensed in the state; provided that the extent of the clearing and grading does not exceed the minimum necessary to obtain the desired information. (5) Normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way. (6) Excavations for utility service connections to serve existing and/or new structures and that is outside any area that is within the jurisdiction of FWCC 22-1221 et seq. (7) Actions which must be undertaken immediately, or within a time too short to allow for compliance with the requirements ofthis article, to avoid an imminent threat to public health or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of serious environmental degradation. This determination will be made by the director. (8) Clearing and grading actions that are an integral part of an ongoing agricultural or horticultural use n the sub'ect r (9) Clearing and grading actions that comply with all of the following criteria: a. The subject property contains a permanent building or an active use. b. The clearing or grading activity will not change the points where the stormwater or groundwater enters or exits the subject property, and will not change the quality, quantity, or velocity of stormwater or groundwater. c. The clearing or grading activity is outside any area that is within the jurisdiction of FWCC 22-1221 et seq. d. Grading, filling, and excavation totals less than 100 cubic yards. Ouantities of excavation and fill are calculated separately and then added together to determine total excavation and fill. e. No trees or vegetation will be removed ifthat vegetation was required to be retained bv or through any development permit issued under this chapter or any prior zoning code. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 0 I /29/2009 Page 14 of 42 designee. (12) Removal of trees in easements and rights-of-way for the purposes of constructing public streets and utilities. Protection of trees shall be a major factor in the location. design. construction. and maintenance of streets and utilities. These activities are subiect to the purpose and intent of this division. (13) Removal of trees on sites zoned City Center-Core (CC-C) and City Center Frame (CC-F). 22-XXX4 Application requirements. (a) In addition to the requirements of FWCC 22-33. a clearing and grading plan shall be submitted and include the following information: (1 ) Name of person preparing the map. drawing or diagram submitted with the application. along with credentials if applicable. (2) Identification of existing slope depicting: areas with 0% to 15% slope; areas with 15% to 40% slope; and areas of 40% or greater slope. (3) Proposed grades. (4) Location of all existing and/or proposed structures. driveways. right-of-way improvements. utilities. and easements on the subject property. (5) Designation of all wetlands. streams. and other critical areas regulated under FWCC 22-1221 et seq. that is on or within 200 feet of any area to be disturbed by the proposed clearing and/or grading action. (6) Areas proposed for clearing and the proposed use for such areas. (7) Any proposed grade changes that might adversely affect or endanger trees on the property and/or adjacent properties. and specifications to maintain them. (8) A minimum of two cross sections of the site. drawn to scale. depicting the existing and proposed grade and any proposed rockeries and/or retaining walls. The director may also require a three- dimensional topographic model of existing and proposed topographic conditions. (9) Location and description of proposed erosion-control devices and structures. (10) A geotechnical report. prepared by a geotechnical engineer. when required by the director and/or per critical area ordinance provisions for qualified professional reports that contains sufficient information to determine the potential im{>acts of the proposed clearing and grading. as well as proposed measures to reduce or eliminate these impacts. as may be required by the city. (b) When a tree/vegetation retention plan in accordance with this article is required. it shall be incorporated into the clearing and grading drawings and shall become part of all construction documentation. The tree/vegetation plan must be prepared by a certified arborist or a certified landscape architect and include the following information: (1) A statement outlining the purpose of any proposed tree removal (e.g. building construction. street or roadway. driveway. recreation area. patio. or parking lot). together with a proposed timetable for when the work will occur. (2) A tree survey that identifies the location. approximate size. species. and number of trees on the site and also identifies the general location of trees within 50 feet of the site. For heavily forested sites. the director may allow a tree survey sample to be submitted that may be applied to the forested portions of a site in order to satisfy the tree survey requirement. (3) A depiction of the spatial limits for tree/vegetation retention areas and details of tree/ vegetation protection measures. (4) A depiction of any new vegetated areas to be established. (5) The manner in which the cleared areas on the property will be reclaimed with vegetation. specification of any required mitigation plantings. and a timetable for replanting. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 15 of 42 22-XXX5 Modifications. (a) Purpose. The purpose of this section is to provide a process for requesting modification from the general standards specified in this article. The director shall have the authority, consistent with the criteria provided herein, to modify specific requirements. or impose additional requirements in unique or special circumstances to assure the fulfillment of the stated purposes of this article. The applicant must demonstrate one or more of the following in order to obtain approval of a modification request: (1 ) There are no feasible and reasonable alternatives to the clearing. grading or tree/vegetation removal activity being proposed: 2 The ro osed modification will result in the same or Ie s im acts than meetin the standards' 3 (3) Meeting the standards would create an unacceptable risk to health or safety. (b) Modification submittal requirements. A request for modification shall: (1) Be submitted in the same form and according to the same terms as the required clearing and grading and/or tree and vegetation retention plan documents of this article and subiect to the same enforcement requirements: (2) Be clearly labeled as "Clearing and Grading. and/or Tree and Vegetation Retention Modification Plan": and (3) Clearly delineate and identify the deviations requested from the provisions of this article. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 16 of42 Division 2. Clearine: and Gradine: Ree:ulations 22-XXX8 General provisions. (a) General. The applicant shall comply with this section with respect to all clearing and grading actions. The requirements ofFWCC Chapter 22. Article XIV. Critical Areas. shall govern for proposed clearing and grading actions occurring in all critical areas. (b) Nature of fill materials. All materials used as structural fill must be nondissolving and nondecomposing. Fill materials must not contain organic or inorganic material that would be detrimental to water quality or existing habitat. or create any other significant adverse impacts to the environment. 22-XXX9 Clearin!! and !!radin!! and land disturbance limits. (a) Clearing and grading activities for developments shall be permitted in coni unction with an approved site development plan (e.g. subdivision approval. site plan approval. etc.) that establishes permitted areas of clearing. grading. cutting. and filling. Permitted clearing and grading areas should minimize removal of existing trees and minimize the disturbance or compaction of native soils. except as needed for building purposes. Permitted clearing and grading areas and any other areas required to preserve critical or sensitive areas. buffers. native growth protection easements. or required tree retention areas shall be delineated on the site plans. (b) Prior to beginning clearing and grading activities. all clearing limits. sensitive areas and their buffers. and trees and vegetation that are to be preserved within and adiacent to the construction area shall be clearly marked. and protected per FWCC 22-XX21. to prevent damage. 22-XXIO Aesthetics. (1) All natural vegetation shall be retained on the site except that which may be removed as shown on approved engineering plans. (2) Clearing and grading shall minimize impacts to adiacent properties. and clearing. grading. and vegetation retention plans shall include protection measures for existing vegetation located on adiacent properties. (3) If development is to be phased. clearing and grading shall also be phased unless an alternative plan for interim aesthetic treatment of the development site has been approved under FWCC 22- XX6(b )(3). (4) Roads should follow existing contours in order to minimize grading. (5) Development on sites with areas of slopes of 15% or greater shall comply with FWC€ 22- XX 16. Development of sites with slopes of 15% or greater. in order to minimize grading and use of rockeries and retaining walls. Slopes are to be measured in their natural state. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 17 of 42 22-XX15 Cut and fIll slopes. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with the requirements of this section. The applicant shall : (a)Limit the maximum gradient of artificial slopes to no steeper than 33% or 3:1 rthree (3) feet of horizontal run to one (1) foot of vertical falll except that slopes for roadways may be constructed at a maximum slope of 2:1 (two (2) feet of horizontal run to one (1) foot of vertical falll upon approval of the director. (b) Cut and fill slopes shall be designed and constructed in a manner consistent with the applicable requirements of the King County Surface Water Design Manual as amended by the City of Federal Way and FWCC Chapter 21. Surface and Stormwater Management. 22-XX16 Clearine: and e:radine: standards for sites with slopes of 15% or e:reater. (a) The provisions of this section shall apply to development in areas with slopes of 15% or greater and with a vertical relief of 6 or more feet and a vertical rise of 6 feet or more for every 40 feet of horizontal distance. The provisions of this section are intended to specifically promote the following: (1) Undertake development in a manner that will protect life and property from hazards due to slope. unstable and erodible soils. earth movement. and other geologic and hydrologic hazards: (2) Reduce potential for increased erosion. sedimentation, and surface runoff, and the resulting adverse impacts on water quality: (3) Promote a safe means of ingress and egress for vehicular and pedestrian traffic in sloped areas: (4)Preserve the visual quality of sloped areas. which are a valuable natural and economic resource: and (5) Encourage innovative and imaginative site development techniques to create structures and site plans that are suited to sloped terrain. For example. tuck-under garages and daylight basements are encouraged to integrate homes into existing topography and minimize grading (see Figure 22-XX). (b) Sites containing or within 25 feet of slopes of 40% or greater (steep slope hazard area) and/or sites with erosion. landslide, and/or seismic hazard areas are also subiect to the requirements of Article XN, Critical Areas. (c) These standards do not apply to isolated slope areas that are less than 5,000 square feet in land area. For purposes of this provision, the entire contiguous area with slopes measuring 15% or greater shall be included in the minimum size calculation regardless of the number of indiyiduallots or different land ownerships involved. (d) Residential land divisions on sites with slopes of 15% or greater are encouraged to implement the following standards in order to minimize clearing and grading necessary to support development on individual lots. (1) Lot size averaging may be utilized for residential land divisions on sites that contain areas with slopes in excess of 15% as well as areas with slopes less than 15% as follows: (i) More steeply sloped portions of a site shall have larger lots resulting in a reduced percentage oflot disturbed for construction. In no case shall any lot created with a slope of 15% or greater be less than the minimum lot size of the underlying zoning district. (ii) Reduced lot sizes may be allowed within the portions ofthe site that are less than 15% slope. Minimum lot size may be reduced to by up to 50% of minimum lot size requirement of the underlying zoning designation. but in no case less than 5.000 square feet for each single family residential building lot, and no less than 1800 square feet for each small lot single family or zero lot line townhouse lot. (iii) The maximum allowable density of the underlying zoning district shall not be exceeded for the overall development for which lot size averaging is being applied. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 18 of 42 (2) As an alternative to, lot size averaging, cluster development may be employed. pursuant to FWCC 20-154, in order to limit disturbance of sloped areas of a site. Cluster develolJment should be employed where this olJtion will result in successful retention of mature tree canopy and native vegetation. (e) Grading plans for residential land divisions shall show that each parcel created by the land division is a suitable building site and show the following on the plan drawings: (i) Setbacks: (ii) Driveways: (iii) ProlJosed building envelope: and (iv) Usable rear yard area a minimum of 10 feet deep. (f) Front yard setbacks for single family residential development on lots with a slope of 15% or eater ma be a lied in a flexible manner were suc lication will rotect slo es and natural features from develo ment encroachments 22-XX17 Rockeries and retainin2 walls. (a) When incorporating rockeries and retaining walls into site design, the applicant shall work with the site topography in order to minimize the need for rockeries and retaining walls. When rockeries and/or retaining walls are utilized, the following standards shall apply: (1) For single-family residential lots, rockeries and retaining walls shall be: (i) A maximum of four feet in height as measured from finished grade at base of wall to tOlJ of wall. (ii) Composed of brick. rockery. textured or patterned concrete. or other masonry product that complements the proposed building and site development. Other materials may be used with the approval of the community development services and public works directors. (iii) There shall be a minimum setback of one foot for every foot in rockery or retaining wall height between the rear of a residential building and any rockery or retaining wall. provided that a useable space equal to the rear yard setback must always be maintained. (2) For detention/retention ponds. rockeries and retaining walls shall be a maximum of six feet in height as measured from finished grade at base of wall to top of wall around the detention/retention pond. (3) For commercial and multifamily lots. rockeries and retaining walls shall be: (i) A maximum of six feet in height as measured from finished grade at base of wall to top of wall. (ii) There shall be a minimum three-foot landscaped setback at the base of each rockery or retaining wall. (4) The width ofthe terrace between any two vertical rockeries and/or retaining walls shall be a minimum of five horizontal feet to allow for landscaping and maintenance. 5 Terraces reated between rockeries a . in walls shall and reve etated with (6) Rockeries and retaining walls shall be set back a minimum of three feet from adiacent public rights-of-way. The area between the right-of-way and the retaining wall shall be landscaped and maintained per applicable standards in FWCC Article XVII. Landscaping. If private agreements are reached with utility companies and written documentation is provided to the city. and a minimum three- foot wide planting buffer can be established and maintained to screen the wall from view. retaining walls can be located to the back of the right-of-way as determined by the community development services and public works directors. (7) Rockeries and retaining walls visible from a public right-of-way or adiacent property shall be composed of rock, brick. or other textured/patterned wall styles as approved by the planning and public Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 19 of42 works director. Rockeries and retaining walls shall be landscaped in accordance with the applicable standards in FWCC Article XVII, Landscaping. Division 3. Tree and Ve2:etation Retention Requirements 22-XX18 Tree and ve2etation retention standards. (a) Retention required. Existing trees and vegetation in good health, and not considered to be invasive species, shall be retained on the subiect property to the maximum extent possible in all developments as follows: (1) Site and building development shall take into consideration the location of existing stands of healthy trees both on site and on adiacent llrollerties. Where safe and feasible, the meandering of streets and/or sidewalks around existing stands of trees is encouraged. (2) Minimum Tree Density - New Uses on Vacant or Redeveloping Parcels. The tree density requirements will be met primarily through the conservation of existing trees. However, in order to provide for continued flexibility in the design of new development, in those situations where a development's design would preclude the retention of the required number of trees, the use of replacement or supplemental tree planting is authorized. The minimum tree density for each land use designation is specified in Table 22-XXI8.1. (3) Sites with Insufficient Tree Cover. It is recognized that some sites may not contain a sufficient number of existing trees to meet the tree density standards set forth in Table 22-XX 18-1. In those situations, additional trees are to be planted as necessary to achieve the minimum tree density requirements of this section. Modification of the requirements ofthis subsection ((a)(3)) may be obtained under 22-XXXS. (b) Tree densitv requirements. All regulated activity shall ensure that the following tree densities shall be achieved and maintained during and after development: . Minimum Tree Density ReQuirements for Vacant or Redevelopin2 Sites (Table 22-XX18.1) Land Use Desie:nation ReQuired Tree Unit Densitvl2 BC, BN, CEo Op, PO 20 tree units/acre SF Residential zones 25 tree units/acre RM 1800, RM 2400, RM 3600 30 tree units/acre (c) Calculation of the total tree units required. The total number of tree units required to be provided by a regulated activity shall be calculated by multiplying grOSS site acreage. minus any proposed public or private streets and regulated critical areas (excluding buffers) determined by Federal Way to be undesirable for tree planting (e.g.. certain wildlife habitat and wetlands), by the required tree density (in tree units per acre) set forth in Table 22-XXI8.1. The result of the calculation will be the total number of tree units required for the activity. If the calculation results in a fractional quantity. it shall be rounded UP to the next higher whole number. (d) Tree unit credits. The number of tree unit credits given for retaining existing trees, or the planting of new trees, varies in order to encourage the retention of large existing trees and the planting of I Trees that are damaged. diseased. are a hazard or nuisance or invasive species shall not be credited towards satisfying the tree units per acre requirement as noted in Table 22-XXI8.1. Provided. at the discretion ofthe Citv. damaged or diseased or standing dead trees mav be retained and counted toward the tree requirement. if it is demonstrated that such trees will provide important wildlife habitat and are not classified as dangerous trees. 2 Trees located within critical area buffers shall be credited towards satisfying the tree units per acre requirement as noted in Table 22-XXI8J. Critical area buffers shall comply with the requirements set forth in Chapter 20, Article XIV. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 20 of 42 replacement trees that provide greater canopy areas at maturity. Tree unit credits for the retention of existing trees and the planting of new trees shall be awarded as follows: Tree Unit Credits (Table 22-XX18.2) ExistinI! Tree Category Tree Unit Credit Existing Tree I" to 6" d.b.h. 1.0 tree units per tree retained Existing Tree >6" to 12" d.b.h. 1.5 tree units per tree retained Existing Tree >12" to 18" d.b.h. 2.0 tree units per tree retained Existing Tree >18" to 24" d.b.h. 2.5 tree units per tree retained Existing Tree> 24" d.b.h. 3.0 tree units per tree retained Replacement Tree Categorv Replacement Tree. Small Canopy Species (Mature canopv area < 450 SF) .50 tree units per tree planted Replacement Tree. Medium Canopy Species (Mature canopv area 450 to 1.250 SF) 1.0 tree units per tree planted Replacement Tree. Large Canopy Species (Mature canopv area> 1.250 SF) 1.5 tree units per tree planted (e) Tree retention requirements - expansion of existing uses. Expansion of existing commercial. industrial. and multi-family properties which do not cbnform to the tree density requirements of this Chapter shall be subiect to the following tree conservation requirements whenever such expansion would result in a greater than a 10% or 500 square foot increase in the size of the existing building footprint or associated impervious areas (parking lots. storage areas. etc.). whichever is less: (I) A minimum of one tree unit shall be provided for each 500 square feet of building expansion or new construction; and (2) A minimum of three tree units shall be provided for each tree unit removed. UP to a maximum of 25 tree units per acre. (f) No clearing. grading. or other approvals for vegetation removal at a site shall be approved until such time as the city of Federal Wav has approved anv associated landscaping or tree retention plans. (g) Tree and vegetation retention areas shall be protected during construction through application of the standards contained in FWCC 22-XX21. Tree Protection During Construction. 22-XX19 Off-site miti2ation and fees paid in lieu. Where an applicant cannot provide for the minimum required tree units per acre on-site; off-site mitigation or a fee-in-lieu payment into the city's urban forestry account may be approved by the director. (a) Where off-site mitigation is utilized. the remaining balance of required tree units must be planted at an off-site location approved by the director. Where the site is city-owned property. the public works and/or parks department must also approve the tree planting. Acceptable off-site locations. in order of priority. are as follows: (1) Publicly owned land in the city of Federal Way including; but not limited to: environmentally sensitive areas; regional stormwater facilities; or wildlife corridors. Similar lands owned by nonprofit entities that are reserved in open space also qualify. (2) Publicly owned parks or recreational facilities within the city of Federal Way. (3) Other mitigation or restoration sites managed by other public entities or private conservation groups. (4) Public school sites within the city of Federal Way. (5) Other sites proposed by the applicant. when it is documented that higher priority sites are not available or viable. (b) Where a tree replacement fee is utilized. a tree replacement fee paid into the city's urban forestry account may be approved by the director. The fee shall be established based on the number of tree units being satisfied as follows: Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 21 of42 (1) Each tree unit shall represent one replacement tree. The fee for each replacement tree shall cover the cost of a tree, installation (labor and equipment), maintenance for two years, and fund administration. (2) A separate urban forestry account shall be established by the city for fees collected. Tree replacement fee receipts shall be earmarked specifically for this account and shall be expended only for the planting of new trees in city-owned parks, open spaces, or rights-of-way. 22.XX20 Replacement tree species and minimum size requirements. (a) Where tree replacement is required in order to achieve minimum tree units per acre, the replacement trees shall consist of a mix of evergreen and deciduous trees, suitable to specific site conditions. (b) Replacement tree species shall be selected from a list of approved tree species maintained by the department of community development services. All species listed are suited to the climate conditions found in the Pacific Northwest. The list is for guidance only and is not intended to be all-inclusive. Other tree species may be utilized where appropriate when recommended by a professional forester, certified arborist, or licensed landscape architect. (c) Size of replacement trees. Replacement trees shall be evergreen trees a minimum of six feet in height and deciduous trees with a minimum two inches caliper. 22-XX21 Tree and ve!!:etation protection durin!!: construction. (a) No clearing shall be allowed on a proposed deyelopment site until the tree retention and landscape plans have been approved by the city of Federal Way. (b) A no disturbance area shall be established for each tree to be protected. The no disturbance zone shall be equal to the critical root zone which is defined as 12 inches radius for every one inch of tree diameter measured at four and one-half feet above ground. Any other no disturbance area proposed by the applicant shall be determined by a qualified arborist and subject to review and approval by the director. (c) The no disturbance zone shall be identified during the construction stage with: 1. A temporary five-foot chain-link fence; and 2. Tree protection signage attached to the fence which reads "TREE PROTECTION FENCE - No soil disturbance, parking, storage, dumping, or burning of materials is allowed within the Tree Protection Fence." (d) No soil disturbance, parking, storage, dumping, burning of materials, impervious surfaces, fill, excavation, or storage of construction materials shall be permitted within the no disturbance area; (e) If the grade level around the tree is to be raised by more than one foot, a rock well shall be constructed. The inside diameter of the rock well shall be equal to the diameter of the tree trunk plus 10 feet. Proper drainage, and irrigation if necessary, shall be provided in all rock wells. (0 The grade level shall not be lowered within the larger ofthe drip line of the tree(s) or the critical root zone of the tree(s). (g) No trenching is allowed in any critical tree root zone areas. (h) No installation of any impervious surfaces is allowed in critical root zones. Where road or sidewalk surfaces are needed within critical root zones, unmortared porous vavers or flagstone (rather than concrete or asphalt) may be used. Boardwalks or bridging may span root zones without harming the tree roots. (i) Tree protection areas (i.e. critical root zone) must be prepared to better withstand the stresses of the construction phase by, ifnecessarv, fertilizing. pruning. and mulching around them well in advance of beginning any construction activities. (i) Alternative protection methods may be used if accepted by the director to provide equal or greater tree protection. (k) Encroachment into the no disturbance area may be allowed where the director determines encroachment would not be detrimental to the health of the tree. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 22 of 42 22-XX22 City forestry account. (a) Funding sources. All civil penalties received from enforcement actions under this division and all money received pursuant to FWCC 22-XX19 shall be used for the purposes set forth in this section. In addition, the following sources may be used for the purposes set forth in this section: (1) Sale of trees or wood from city property where the proceeds from such sale have not been dedicated to another purpose; (2) Donations and grants for the purposes of the fund; and (3) Other monies designated by the city council. (b) Funding purposes. The city shall use money received pursuant to this section for the following purposes: (1 ) Acquiring, maintaining, and preserving wooded areas within the city; (2) Planting and maintaining trees within the city; (3) Urban forestry education; or (4) Other purposes relating to trees as determined by the city council. Diyision 4. Forest Practices Ree:ulations 22-XX23 Authority. This division is established to regulate Forest Practices - Class IV -General pursuant to RCW 76.09 and WAC 222-20. 22-XX24 Relationship to Chapter 76.09 RCW. a. The application of this chapter to forest practice activities regulated by the Washington State Forest Practices Act (Chapter 76.09 RCW) shall be limited to Class IV - General forest practices. b. This division is intended to allow the city of Federal Way to assume iurisdiction for approval of Class IV - General forest practices approvals, occurring in the city of Federal Way, as authorized under the Washington State Forest Practices Act. Chapter 76.09 RCW. The city will act as the State Environmental Policy Act (SEPA) lead agency for all Class IV - General forest practice approvals occurring within the city limits. 22-XX26 Forest practice application requirements. (a) General Requirements. (1) A Class IV-General application shall be approved based on an approved clearing and grading plan and tree and vegetation retention plan and prior to conducting forest practices on the proiect site. (2) All Class IV -General applications shall describe the harvest method. including type of equipment to be used and the expected dates of commencement and completion of all harvest activities. (b) Review Criteria. (I) Class IV -General forest practices shall comply with all applicable regulations and standards as adopted by the city. (2) Class IV -General forest practices shall comply with the conditions of approval established through the associated development permit or approval. 22-XX27 Time limitations - Expiration of approvals. A Class IV -General approval shall be valid for two consecutive years following the date of issuance unless a longer time period has been established through an associated approval (e.g.. preliminary 1Jlat approval. land use approval. building permit. etc.) in which case the time limits applicable to the associated approval shall apply. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 23 of 42 Division 5. Performance Assurance. Maintenance and Enforcement 22-XX31 Reve2etation. Development sites shall be revegetated and landscaped as soon as practical after completion of clearing and grading work, in accordance with a revegetation plan established by a tree retention and/or landscape plan. approved by the director or his/her designee. (a) A permanent revegetation \Jlan, utilizing vegetation that is known to have a high natural survival rate, shall be implemented consistent with city of Federal Way landscaping and tree and vegetation retention and replacement requirements. (b) Where permanent revegetation measures are not in place within seven days in the dry season and two days in the wet season, the applicant shall provide temporary revegetation or stabilization measures in accordance with the recommendations of the latest edition of ecology's stormwater management manual for Western Washington, and maintain such measures in good condition until the permanent revegetation measures are installed and inspected by the city of Federal Way. (c) Where permanent revegetation measures are not in place within 12 months of completion of clearing and grading work the applicant shall be required to submit a plan for director ap\Jroval that outlines interim measures for revegetation and aesthetic treatment of the site per FWCC 22-XXX6(b)(3). Failure to submit a plan for interim measures as required by FWCC 22-XXX6(b)(3) shall result in the a lication of com liance and rcement measures er FWCC 22-XX36 of this 'cle. 22-XX32 Maintenance. (a) All required replacement trees and relocated trees shown on an approved tree retention plan shall be maintained in healthy condition by the property owner throughout the life ofthe proiect, unless otherwise approved by the director in a subsequent tree retention plan. (b) Cutting and pruning. ( 1 ) Protected trees shall not be topped. (2) Street trees shall be maintained in a healthy condition by the adiacent property owner and shall only be cut or pruned with the permission of the city of Federal Way public works department. (3) Pruning and maintenance of protected trees shall be consistent with best management practices in the field of arboriculture and further the long-term health of the tree. (4) Excessive pruning shall not be allowed unless necessary to protect life and property. 22-XX33 Performance assurance. The city may require the following bonds for any clearing and/or grading activity approved by or under this division: (a) A performance bond to guarantee that the clearing and/or grading will conform to city standards and requirements. (b) To mitigate damages should they occur as a result of unauthorized tree removal, the applicant shall submit a bond, letter of credit or other means of assurance acceptable to the director. The following provisions shall apply to such performance assurance: (1 ) Tree Protection Assurance. The applicant shall post a performance bond or other acce table securi device to ens e the installation maintenance and ade uate erformance of rotection measures. The estimated cost er tree shall be the tree base fee established b Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 24 of 42 council. Prior to issuance of the certificate of occupancy, any protected tree found to be irreparably damaged, severely stressed, or dying shall be replaced according to the standards identified under FWCC 22-XX36, Compliance and enforcement. The bonding period shall be two years. The director may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. (2) Tree Maintenance Assurance. Where replacement trees are required pursuant to this section the a licant shall ost a re lacement tree maintenance bond or other acce ta ecuri device to ensure the survival of re I ment trees. Where ossible the bond ma be combined with the landsca e maintenance bond re uired b FWCC Chapter 22. Article XVII, Landscaping. In the event a required replacement tree becomes irreparably damaged, severely stressed, or dies, during the maintenance period, the tree shall be replaced according to the standards in FWCC 22-XXI8, Tree and vegetation retention standards and FWCC 22- XX-20, Replacement tree species and size. Replacement trees damaged due to natural disasters such as wind storms, hail, ice or snow storms, earthquakes, and the like shall be exempt from replacement. The bonding period shall be two years. The director may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evi t the re laceme ees w' 1 survive. (6) The performance assurances shall not be fully released without final inspection and approval of completed work by the city, submittal of any post-construction evaluations, or following any prescribed trial maintenance period required in the permit. (7) With the consent of the City, assurance devices under this section may be assigned by the applicant to individual property owners when those parties obtain an ownership interest in the subiect property. The director may release all or part of an applicant's assurance when the applicant demonstrates that the applicant has secured to the City sufficient assurances to meet the requirements of this section from other parties. (8) Performance assurances provided in accordance with this section may be redeemed in whole or in part by the city of Federal Way upon determination by the director that the applicant has failed to fully comply with approved plans and/or conditions 22-XX34 Proiect inspections/city access. (a) All ~roiects with a clearing and grading and/or tree retention plan approval and associated permit are subiect to city inspections to ensure compliance with the conditions of approval and associated permit. As a condition of permit issuance. the applicant must grant right-of-entrv for such inspections and city emergency corrective measures. (b) The public works director or hislher designee will specify the general stages of work when city inspection is required and may require inspection and testing by an approved testing agency. to be paid by the applicant. (c) The director shall specify inspection and testing requirements applicable to a given proiect prior to permit issuance; however. the public works director may require additional inspection. testing. or Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 25 of 42 professional analysis and recommendations when conditions exist that were not covered in the permit application documents or were not sufficiently known at the time of permit issuance. 22-XX35 Stop work orders and corrective actions. (a) The director or hislher designee may notify the permittee. or person doing the work. to stop work and take any necessary corrective actions whenever the director determines that: (1) During the life ofthe permit. the proiect is causing problems related to earth and water resources. such as sediment leaving the site or entering the drainage system; (2) The act or intended act of clearing. grading. or tree or vegetation removal has become or will constitute a hazard to life and limb. or endangers property; or it adversely affects the safety. use. or stability of a public way. drainage channel. street. or surface water; or (3) Clearing. grading or tree or vegetation removal is occurring without a required permit; or 4 The activi is otherwise violatin is article or the conditions of a roval issued under t - (a) In addition to any other penalties or other enforcement actions. any person who fails to comply with the provisions of this article or the terms of an approved tree retention plan. or a related cease and desist or stop work order. shall also be subiect to a civil penalty as set forth in Table 22.xX41.1. Each unlawfully removed or damaged tree shall constitute a separate violation. (1) The amount ofthe penalty shall be assessed in accordance with Table 22.xX41.1. The director ma elect not to seek enalties ifhe or she determines that the circ stances do not warrant im osition of civil enalties in a ition to restoration. Tvpes of Violations Allowable Fines per Violation 1. Removal oftree(s) al'proved to be removed. but $100.00 per tree prior to final tree retention plan approval 2. Removal or damage oftree(s) that are or would $1.000.00 per tree. or up to the marketable value be shown to be retained on an approved tree plan or of each tree removed or damaged as determined any other violation of approved tree retention plan by a certified arborist or timber cruiser. 3. Removal of tree( s) without applying for or $1.000.00 per tree. or UP to the marketable value obtaining required city approval of each tree removed or damaged as determined bv a certified arborist or timber cruiser. Table 22.xX41.1- Penalties (b) Violators shall be responsible for restoring unlawfully damaged areas in conformance with a plan. approved by the director. which provides for repair of any environmental and property damage. and restoration of the site; and which results in a site condition that. to the greatest extent practical. equals the site condition that would have existed in the absence of the violation(s). (c) The number of trees required to be planted shall be equal to the number of tree unit credits of illegally removed trees according to Table 22-XXI8.2. (d) The minimum size for a tree planted for restoration is 12-foot-tall evergreen and three-inch caliper deciduous tree. The city may approve smaller restoration tree sizes at a higher restoration ratio. provided the site has capacity for the additional trees and the results of restoration at a higher restoration ratio is as good or better than at the normal ratio. The smallest allowable alternatives to the normal restoration Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 26 of 42 requirements shall be two ei~ht-foot evergreen for one 12-foot evergreen or two two-inch caliver deciduous for one three-inch caliper deciduous tree. (e) Remedial measures must be comvleted within the time frame specified by the director. (f) The cost of any remedial measures necessary to correct violation(s) of_shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures. the director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures. pursuant to the provisions ofFWCC 22-XX33. Performance assurance. Article XVII, Landscaping3 Sections: 22-1561 Purpose. 22-1562 Applicability. 22-1563 Landscape plan approval. 22-1563A Landscape. irrigation and tree plan submittal requirements. 22-1564 General landscaping requirements - All zones. 22-1565 Landscaping types. 22-1566 Landscaping requirements by zoning district. 22-1567 Parking lot landscaping. 22-1568 Planting requirements for certain trees. 22 1568 Signifieant trees. 22-1569 Performance and maintenance standards. 22-1570 Modification options. 22-1571 - 22-1595 Reserved. 22-1561 Purpose. The purpose of this article is to: (1) Provide minimum standards for landscaping in order to maintain and protect property values and to enhance the general appearance of the city. (2) Encourage creative landscaping designs that utilize native vegetative species, drought-tolerant species, and retain natural vegetation, in order to reduce the impact of development on the water resources of the city. (3) Respond to state-level mandates for action in such areas as water conservation, energy conservation, enhancement of water quality, and improvement of air quality. (4) Reflect current city planning goals, urban design standards, and ecological awareness. (5) Provide an appropriate amount and quality oflandscaping related to all land use in the city. (6) Establish a minimum level of regulation that reflects the purposes of this chapter. (7) Provide for design flexibility. (8) Retain signifieant trees stands of trees and mature vegetation, a valuable natural resource of the community. (9) Recognize the unique qualities embodied in public facilities by providing for a reasonable degree of flexibility in structure while protecting adjacent uses. (10) Encourage low-impact techniques including the use of native or drought-tolerant plants. (Ord. No. 93-170, S 4, 4-20-93; Ord. No. 01-390, S 3, 6-5-01) 3 Editor's note - Ord. No. 93-170, ~ 3, adopted April 20, 1993, repealed former Art. XVII, ~~ 22-1561 - 22-1577, relative to landscaping, and ~ 4(Exh. A) of said Ord. No. 93-170 enacted a new Art. XVII to read as herein set out. The provisions of former Art. XVII derived from Ord. No. 90-43, ~ 2, adopted Feb. 27, 1990. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 0l/29/2009 Page 27 of 42 22-1562 Applicability. This article shall apply to all development applications in the city, with the exception of individual single-family residential lots which shall only comply with the applicable requirements of FWCC 22- -M6&-XXXX, Significant Trees, for tree and vegetation preservation of signifioant trees. (Ord. No. 93-170, S 4, 4-20-93) 22-1563 Landscape plan approval. (a) No permit shall be issued to erect, construct or undertake any development project without prior approval of a landscape plan by the department of community development. (b) Required landscape plans for all projects that arc subjcct to the site plan rcview proeess as set forth in .^.rtiele V of this ehaptcr shall be prepared by a Washington State licensed landscape architect. (Ord. No. 93-170, S 4, 4-20-93) 22-1563A Landscape and irrh!ation plan submittal requirements. The applicant shall submit the appropriate number oflandscape and irrigation plans for review, as determined by the department of community development services. The landscape and irrigation plan may be provided separately or incorporated into plans submitted for site plan review. Landscaping and irrigation may be shown on the same plan. No permit for use which is subiect to the requirements of this section shall be issued until the landscape and irrigation plan for such use has been approved by the department of community development services. (a) Landscape plans. 1. Persons Qualified to prepare landscape plan. The landscape plan shall be prepared by a landscape architect licensed in the State of Washington. a nursery professional certified pursuant to the Washington Certified Nursery Professional program. or a Washington State certified landscape technician. 2. The landscape plan shall be prepared to an appropriate scale. not less than one-inch to equal 40 feet, necessary to depict the following: a. Name and address or location oforoject; b. Vicinity map; d. Scale. north arrow, and date of plan; e. AIl property lines, impervious surfaces (including the total. paved impervious surface). vehicular drives, parking lots. lJroposed structures (including the square footage of such stru~tures ). natural or manmade water features or bodies. above ground stormwater detention and treatment areas. lJroposed fences and retaining walls, critical lands and associated buffers. and designated recreational open space areas; f. All existing and proposed landscape areas showing existing trees and/or vegetation to be retained and vegetation to be removed and proposed plants to be installed. The area of all existing and proposed landscaping shall be calculated and shown on the plan; g. A plant schedule containing the botanical and common names of the new plant material. existing plant material proposed to be retained. tvlJical spacing for that species. the lJlanting size of the material. the Quantity of each plant, and any special planting instructions; h. All topographic features of the area to be landscaped such as swales. A contour map detailing intervals at two feet shall be provided; and i. All existing and proposed drainage and watering facilities. (b). Irrigation plans. Where an irrigation plan is required to ensure that the planting will receive sufficient water for survival and growth. the following shall apply. 1. Persons Qualified to prepare plans. The irrigation plan shall be prepared by a Washington State registered landscape architect or irrigation designer certified by the Irrigation Association. 2. Where automatic irrigation is required, a subsurface irrigation or drip irrigation system shall be provided in accordance with all state and local rules. regulations, and ordinances. including Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 28 of 42 approved backflow devices. The tap, service, and meter shall be coordinated with the city's public works director. The system shall completely cover all planting areas. 3. The spacing of sprinkler heads shall not exceed the spacing recommended by the manufacturer of the head. Where an area may be utilized by pedestrians, pop-up heads are preferred. The system shall be designed to achieve maximum water efficiency and overthrow onto public sidewalks or streets shall be kept to a minimurn. (c). Review oflandscape, irrigation, and tree plans. Where landscape, irrigation, or tree plans are required in concert with other site development permit applications, the plans shall be reviewed by the department of community development services or the city's consultant, as determined by the department of community development services. If the department of community development services designates the plans be reviewed by the city's consultant, the applicant shall cover the cost of the third party review as required in accordance with the city's fee ordinance. 22-1564 General landscaping requirements - AU zones. (a) All portions of a lot not used for buildings, future buildings, parking, storage or accessory uses, and proposed landscaped areas shall be retained in a "native" or predeveloped state. The department of community development may allow or require supplemental plantings in these areas, pursuant to the provisions of this chapter. (b) All outside storage areas shall be fully screened by Type I landscaping a minimum of five feet in width, as described in FWCC 22-1565(a), unless determined by the community development review committee (CDRC) that such screening is not necessary because stored materials are not visually obtrusive. (c) Slopes in areas that have been landscaped with lawn shall generally be a 3: 1 ratio or less, width length to height, to assist in maintenance and to allow irrigation systems to function efficiently. In other areas of plantings, a slope of up to a 2: 1 ratio, width length to height, may be used if acceptable to the public works director, upon review of a geo-technicaVsoils study submitted by an applicant to ensure soil slope integrity. Piqure 1 - Sec. 22-1564(~1 (d) All trash enclosures shall be screened from abutting properties and/or public rights-of-way by a 100 percent sight-obscuring fence or wall and appropriate landscape screen. (e) Type III landscaping, defined in FWCC 22-1565( c), shall be placed outside of sight-obscuring fences abutting public rights-of-way and/or easements unless determined by the director of community development that such arrangement would be detrimental to the stated purpose of this article. (f) With the exception of lawn areas, at least 25 percent of new landscaping materials (i.e., plants, trees, and groundcovers) shall consist of drought-tolerant species. All developments are encouraged to include native Pacific Northwest and drought-tolerant plant materials for all projects. (g) Deciduous trees shall have a caliper of at least 1.5 inches at the time of planting measured 4.5 feet above the root ball or root structure. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 29 of 42 (h) Evergreen trees shall be a minimum six feet in height (measured from tree top to the ground) at the time of planting. (i) Shrubs shall be a minimum 12 to 24 inches in height (measured from top of shrub to the ground) at the time of planting based on the following: (1) Small shrubs - 12 inches. (2) Medium shrubs - 18 inches. (3) Large shrubs - 24 inches. (j) Groundcovers shall be planted and spaced, using a triangular planting arrangement, to result in total coverage of a landscaped area within three years. (k) Areas planted with grassllawn shall: (I) Constitute no more than 75 percent of landscaped areas, provided, there shall be an exception for biofiltration swales; and (2) Be a minimum of five feet wide at the smallest dimension. (1) Grass and required landscaping areas shall contain at least four inches of topsoil at finish grade. (m) Existing clay or sandy soils shall be augmented with an organic supplement. (n) Landscape areas shall be covered with at least two inches of mulch to minimize evaporation where plant materials will cover and three inches of mulch over bare soil. (0) In order to reduce irrigation requirements, design principles using xeriscape techniques are encouraged. In meeting water conservation goals, and to deliver appropriate amounts of water necessary to maintain planted vegetation, species that are not drought tolerant should be grouped together and have irrigation systems, and be separated from any other irrigation system provided for drought-tolerant speCIes. (p) Mulch shall be used in conjunction with landscaping in all planting areas to meet xeriscaping goals, assist vegetative growth and maintenance or to visually compliment plant material. Mulches include or~anic materials such as wood chips and shredded bark. Nonvegetative material shall not be an allowable substitute for plant material. (q) All development shall comply with city of Federal Way street tree requirements. (See the City of Federal Way Right-of-Way Vegetation Standards and Specifications Manual). (r) Landscaping proposed to be located within or adiacent to utility easements shall be reviewed by the respective utility agency(ies). (F~) Landscaping and fencing shall not violate the sight distance safety requirements at street intersections and points of ingress/egress for the development. (17J) All tree types shall be spaced appropriate for the compatibility of the planting area and the canopy and root characteristics of the tree. (t.!:!) All permanent lawn or sod areas shall have permanent irrigation systems. (a y) Screening of blank building walls. Building walls which are uninterrupted by window, door, or other architectural feature(s) listed in Article XIX, Community Design Guidelines, FWCC 22-1635(c)(2), that are 240 square feet or greater in area, and not located on a property line, shall be screened by landscaping. Such planting shall include trees, shrubs and groundcover appropriate for the area proposed. (v w) Foundation landscaping is encouraged for all developments to reduce the scale, bulk and height of structures. (w~) All loading areas shall be fully screened from public right-of-way or non-industrial/ manufacturing uses with Type I landscaping. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 30 of 42 a_.....-::::-:-~ f'.cIht 1l>ot h9ft ~UI! u:Ifta r::;::::::l ~~ rrr:=J1 r::::::J Q (31_ J ~ ~ STREET' Fiqu~e 2 - Sec. 2Z-15~4(w) (*' y) Use of products made from post consumer waste is encouraged whenever possible. (y ~) Soil in parking lot landscaped areas must be noncompacted to a depth of 18 inches prior to planting of any shrubs, trees, or groundcovers. (23 aa) Landscaping shall not be required along interior lot lines within a development where parking is being shared. (Ord. No. 93-170, ~ 4, 4-20-93; Ord. No. 07-559, ~ 3(Exh. A), 7-3-07) 22-1568 Plantine requirements for certain trees. (a) The following types of trees may not be planted closer than the listed minimum planting distance to rights-of-way or sewers: Trees Minimum Planting Distance ill Ailathus altisinia (Tree of Heaven) 25' ill Catalpa 25' ill Cottonwood 40' ffi Juglamus nigra (Black Walnut) 25' ill Platanus (Plane. Sycamore) 40' @ Populus (Poplars) 40' ill Salix (Willows) 25' 00 Tilia americana (Basswood) 25' (2} Ulmus (Elm) 40' (b) In addition to any other enforcement mechanism or penalty contained within or authorized by this chapter. any person violating this provision is responsible for any damage caused by the tree or trees. (c) All street trees and other plantings shall be installed in conformance with standard landscaping practices and with appropriate city guidelines and regulations. 22 1568 SigRifieaRt trees. (a) Purpose. The purpose of this section is to: (1) Regulate the remo'lal of trees from property within the city in order to preserve, protect and enhance a yaluable natural resource; (2) Establish standards to limit the r-emo'lal of and ensure the replacemeat eftrees s1:1ffieient to saf-eguard the ecological and aesthetie enVireflmCHt ef a eommunity; (3) Discourage the oonecessary clearing and disturbanee ofland so as to preserve the natural aRd existing gro'Nth of vegetation; and (1) Maintain a minimum number of significant trees. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01129/2009 Page 31 of 42 (b) Definition. A significant tree shall be defined as: (I) Twelve inches in diameter or 37 inches in ciroumferenoe measured four and one half feet above ground; and (2) In good health; and (3) Not detrimental to the community (e.g., is not diseased, dying, or likely offalling into publio open space or right of 'Nay, etc.) or obscuring safe sight distance requirements. Significant trees shall not include red alder, cottonv/ood, poplar or big leaf maple. ~.'~\ rt Pigure 10 - Se~. 22-1568(bJ (c) Standai'ds. (1) Retention required. Significant trees shall be retained on the subject property te the maximum extent pessible in all developments as follows: a. If the approved de':elopment on the subject property 'llill require the removal ef mere than 75 percent of the significant trees on the ffitbject property, significam trees shall be refllaced in amount equal to 25 percent of the significant trees whioh existed on the subject pr-operty prior to cORlfRencing any development aetivity. b. ,AJl signifioant trees loeated within any required perimeter landsoaping area shall be retained and/or replaced. c. Signifieant trees required to be retained within on site sensitive ai'eas can be l:lsed to\vard satisfying the 25 percent on site significant tree retention regulations. d. i\ll signifieant trees located withiR required en site recreation or epen spaces shall be retained, provided they de not confliot with on site aeti'l-e recreation areas. e. The signifioant tree retention reql:liremeflts of this chapter shall Ret apply to the oity eeflter zoning distriot. f. There shall be no cl:lt1:ing of signifioant trees '.vithout amhorization from. the eity for the purpose of preparing that site for future develepment. g. Up to one half of the 25 perceflt signifioant tree replaeement requirem.efJ.t may be satisfied by planting larger trees in required landseape ai'eas SHell as landsoafle islands, buffer's, and perimeter landsoaped areas. Sueh trees shall be a minimum 12 feet in height for e';ergreen and three aRd one half inch oaliper for deciduous or broadleaftrees. EJlample: 100 on site signifieant tr-ees requires 25 te be retained or replaced. ,A...pplicant may plant 13 larger trees within required landseafle areas vihioh meet size requirements mentioned above. h. f.rtiole XIX of this ehapter may apply additional, use speeifie standards related to significant trees. (2) The applicant shall submit a tree retention plan coneurrent 'l.ith the first permit applieation for that development. The tree retention plan shall oonsist of the fellewing: a. /\. tree surveyor duster survey that identifies the location, size, Flum.ber and speeies of all significant trees on the site. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 0 I /29/2009 Page 32 of 42 b. .\ de'/elopment plan identifyiHg the significant trees that are proposed to be retained, remo'led, transplanted, or replaced, including a final rcport on percentage retained. (3) Each retained significant tree not located within perimeter landscaping may be credited as two trees for purposes of complying with the retention requirements of subsection (c)(1)(a) of this section, pro'lided the tree meets at least one of the following criteria: a. The tree is located in a grouping of at least five trees with canopies that touch or overlap; ef b. The tree pro'lides energy sayings through v..inter '.vind protection or smnmer shading as a result of its location relatiye to proposed buildiHgs; or I c. The tree belongs to a unique or unusual species of native or non native tree not usually found locally. (1) 'Where it is not feasible to retain required significant trees due to site constraints including, but not limited to, topography, ingress/egress requirements, existing and proposed utility locations, trails, storm drainage improvements, a site specific tree plan, drawn to scale, shall be prcpared. The tree plan shall show the precise location of all signifieant trees on the site, in relation to the proposed buildiHgs, streets, parking areas, required lemdscaped areas, surface water faeilities, and utilities. The director of community development shall review the plaH in relation to the proposed ae'lelopment to ensure tree removal is the minimum amount necessary to comply with the proposed development and meet the purposes of this ehapter. (5) "When required significant trees eannot be retained (see subsection (e)( 4) efthis seetion), significant trees that arc remoyed shall be rcplaeed with: a. Tremsplanted or retained on site trees four inch caliper or larger, ,:..!Heh meet the definition of significant tree in all manner exeept size, and approved by the community development director, based upon the director's assessment of the location of the tr-ee ifl. relatiofl. to the proposed site developmem; or b. NeT:" evergreen trees that are a miHi11Rlm 1 9 feet in height, or deciduous trees that are a mini11Rlm three inch caliper. The number of replacement trees, combined with the number of retained signifieant trees, shall equal 25 percent of the amount of on site significant trees whieh existed prior to de'/elopment. (6) The follo....{ing memagement practices shall be observed on sites cOfl.tain-ing significant trees, to proyide the best protection f-or significant trees: a. No clearing shall be allowed on a proposed development sitel:H'ltil the tree retention and lemdseape plans haye been appro'/ed by the city ofPederal Way; b. .\ no disturbemce area, vihieh shall be defined to be to the drip liBe efthe significant tree, shall be identified during the constructioR stage with either: I. .At. temporary fi';e foot ehaifl link f-ence; 2. I't. line of five f-oot high, eraHge colored two by fol:lf iHeh stak-cs placed flO more than teR f-cet apart connected by highly '/isible surveyor's ribboR; c. No impervious surfaces, fill, excavation, or storage of construction materials shall be permitted within the ne disturbanee area; d. If the grade level around the tree is to be raised by more than one foot, a roek well shall be constructed. The inside diameter of the rock 'Nell shall be equal to the diameter ef the tree trunk plus 10 feet. Proper drainage, emd irrigation if necessary, shall be provided in all rock wells; e. The grade le'/el shall not be lewered within the larger of the two areas defined as follO'l';s: 1. The drip line of the tree(s); or 2. .A.n area around the tr-ee equal to one foot in diameter of each ineh of tree trunk diameter measured fOl:lf feet abo'/e the ground; f. I'.ltemative proteetien methods may be used if acecpted by the director of cOIIlffiUflity development department to provide e€lual or greater tree protectiofl; Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 33 of 42 g. Encroachment into the no disturbance area may be allo'.ved where the direetor determines eneroaenment '.'lould not be detrimental to the health of the tree. Card. No. 93 170, ~ 1, 1 2093; Ord. No. 07 559, ~ 3CEKh. ,^.), 7 3 07) 22-1569 Performance and maintenance standards. (a) Performance. (I) All required landscaping shall be installed prior to the issuance of a certificate of occupancy (CO) or final inspection,., unless the ap?licant submits a performance assurance as noted in 22- I 569(a)(2). (2) Performance assurance. If the required landscaping pursuant to an approved site plan will not be installed prior to the issuance of certificate of occupancy, a performance bond or assignment of funds in a form acceptable to the city attorney must be provided to the city to not less than 125% of a contractor's bid. The bond or assignment of funds must be approved by the city and will commit to install the landscape plantings within six months. The bond must be submitted on forms supplied by the city. The bid bond amount must include labor and materials. (2) When landscaping is required pursuant to this chapter, an inspection shall be performed to verify that the installation has been installed pursuant to the standards of this chapter. (3) Upon completion of the landscaping work, the community development department shall inspect the landscape upon request for compliance with the approved landscape plan. (4) A CO or final inspection may be issued prior to completion of required landscaping provided the following criteria are met: a. An applicant or property owner files a written request with the department of community development prior to five days of a CO inspection; b. The request contains an explanation as to why factors beyond the applicant's control, or which would create a significant hardship, prevent the installation of the required landscaping prior to issuance of the CO; c. The property owner has demonstrated a good faith effort to complete all required landscaping. (5) The time period extension for completion of the landscaping shall not exceed 90 days after issuance of a certificate of occupancy to install required landscaping. (6) Failure to complete landscape installation by an established 90-day extension date shall constitute a zoning violation. If a performance bond has been used, the city shall use the bond to complete the required landscaping. If the amount of the bond or cash deposit is less than the cost incurred by the city, the applicant/property owner shall be liable to the city for the difference. If the amount of the bond or assignment of funds exceeds the cost incurred by the city, the remainder shall be released. (b) Maintenance. The purpose of this section is to establish minimum maintenance standards for landscaping. (I) Plant maintenance. Maintenance of planted areas shall include continuous operations of removal of weeds before flowering; mowing; trimming; edging; cultivation; reseeding; plant replacement; appropriate fertilization; spraying; control of pests, insects, and rodents by nontoxic methods whenever possible; watering; or other operations necessary to assure normal plant growth. In particular, maintenance shall promote landscape performance criteria of this chapter. Plant materials that have died shall be replaced at the beginning of the next appropriate planting season and planting areas shall be kept reasonably free of noxious weeds and trash. (2) Irrigation maintenance. All portions of any irrigation system shall be continuously maintained in a condition such that the intent of an irrigation design is fulfilled. Uncontrolled emission of water from any pipe, valve, head, emitter, or other irrigation device shall be considered evidence of non maintenance. (3) Other maintenance. Maintenance of all landscaped areas shall also include operations as needed of painting, repairing, reconstruction, and rehabilitation oflandscape structures such as walls, fences, overheads, trellises, and the removal of trash. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 34 of 42 (4) Failure to comply with landscape maintenance standards shall constitute a zoning violation under FWCC 22-11. (Ord. No. 93-170, ~ 4, 4-20-93) 22-1570 Modification options. (a) Purpose. The purpose of this section is to provide an opportunity for development of exceptional or unique landscape designs that do not meet the express terms ofFWCC 22-1564 through 22-1567, and/or flexibility of landscape designs. The director of community development services shall have the authority, consistent with the criteria stated herein, to modify specific requirements or impose additional requirements in unique or special circumstances to assure the fulfillment of the stated purpose of this chapter and to allow for flexibility and creative design. Special circumstances or unique conditions shall be reviewed with the director of community development services concurrent to submittal the review of a landscape plan. Examples of special conditions might include: (1) Preservation of unique wildlife habitat; (2) Preservation of natural or native areas; (3) Compliance with special easements; (4) Renovation of existing landscaping; (5) Unique site uses. The alternative landscape modifications described in subsections (c) through (f) of this section shall be allowed only if the proposed modification meets the threshold criteria of subsection (b) of this section, in addition to the special criteria of subsections (c) through (f) of this section. In the case of public parks, schools, and public recreational facilities, these uses must meet subsections (a)(I) through (a)(4) of this section only. (b) Modifications to the landscape standards may be granted by the director of community development if: (1) The proposed modification represents a superior result than that which could be achieved by strictly following the requirements of this chapter; and (2) The proposed modification complies with the stated purpose of this chapter and any applicable subsections of this chapter; and (3) If the proposed modification will not violate any city of Federal Way City Codes or ordinances. In particular, a modification shall not be a substitute for any zoning variance; and (4) Where applicable, the proposed modification would result in an increased retention of significant trees and/or naturally occurring vegetation on the site; (5) The proposed modification also satisfies the criteria listed in subsection (b), (c), (d), (e), or (f) of this section. (c) The width of the perimeter landscaping may be reduced up to 25 percent when: (I) 1\ devel0pment retains aR additional 10 percent ef significant trees or 10 significant trees per aere on site, ',v.mehever is greater. (~ The proposed landscaped area incorporates a combination of plant materials, berms a minimum of three feet in height, and architectural elements of appropriate height and scale sufficient to act as an efficient substitute for the three-foot berm. (d) The landscaping requirement may be modified when necessary, because of special circumstances relating to the size, shape, topography, vegetation, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which it is located, or if strict application would result in scenic view obstruction. (e) Perimeter landscape strips may be averaged, provided the minimum width shall not be less than 50 percent of the underlying width requirement. (f) If the property abutting the subject property is in the same or a more intensive land use zoning district than the subject property, the landscaping required along that common interior property line may be reduced by 25 percent in area. In addition, the remaining 75 percent of the required landscaping may be relocated upon approval of the community development director, consistent with the standards of this chapter. . Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 35 of 42 (g) Biofiltration swales and other surface water/water quality structures may be incorporated into required landscape areas provided the landscaping standards of this chapter are met and the integrity of the surface water function is not compromised. The community development director shall approve any modification of this nature. (h) Modification submittal requirements. A request for modification shall: (1) Be submitted in the same form and according to the same terms as the required landscape documents of this section and subject to the same enforcement requirements; and (2) Be clearly labeled as "Landscape Modification Plan"; and (3) Clearly delineate and identify the deviations requested from the provisions of this or any other section; (4) Be approved by the community development director. (i) Pedestrian facilities, transit stops, and handicapped access may be allowed in required landscape areas without requiring additional buffer area, provided that the intent of this article is met and that the function and safety of the pedestrian facility, transit stop or handicapped facility is not compromised. (Ord. No. 93-170, ~ 4, 4-20-93; Ord. No. 01-390, ~ 3, 6-5-01) Article XIX, Community Design Guidelines 22-1634 Site design - All zoning districts. (a) General criteria. (1) Natural amenities such as views, significant or unique trees, or groupings of 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 natural surveillance by park users, and place laundry facilities near play equipment in multiple-family residential development. A void 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. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 36 of 42 (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). (I) 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 22-1 635(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 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. I.. llI!IlIII!M!VW - ..~ .. Ii F;!:IWC I ~ Sec. 22. 1634 fJ) .....*tt..,.....,._R.O.W. Figun:2-Sec.22-1634(di Pe4..oian_ctilwI, Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 37 of42 (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 22-1638for 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: 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. f~llr,' 3 . S,". 2~ -1(;,01 ,:1 'n~'5." 4'ro. 51D rage arl! 1& H.i.:ure~- ~.:-:;.. ~l: .1~34.:h LO~ai:!\9 af.a~ 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. (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. (g) Miscellaneous site elements. (I) 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. Page 38 of 42 Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 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(l5)), 5-15-07) 22-1635 Building design - All zoning districts. (a) General criteria. (I) 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. See FWCC 22-XXXX for related standards for development on sites with slopes of 15% or greater. Ti~ul,(: 5 - So::. ..!.~ - . 6.!~ (J1; Ern"h.."t1ing ..lIl1lJrallo,o.Dfnpty (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) and shall also meet the applicable requirements ofFWCC 22-XXX. Rockeries and retaining walls. (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, 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 Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 39 of 42 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. . ."- . . ".:f' ..,,'. '.: 00 . .....,: . . eo . . ~ ...... o. o ~. AI;".: . '. J (;.'141'" -e,o'MtK. Figure 6 - Sec, 22 - 1635 (b) Incorporating modulations (2) Landscape screening. Eight-foot-wide Type II landscape screening along the base ofthe 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. 'l0 ~. r.'\. "* ' ~.?c .': .0*, *..,.' : : 0* lI'o0.ro .0:1:0 0*... ~ *...0"* \<\ ... ~~- Figure 7 - Sec, 22 -1635 (b) Incorporating IandKaped bullers (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. ~~(~ Figure 8 - Sec. 22 - 1635 (b) Incofponling canopylwgde Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 01/29/2009 Page 40 of 42 (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. + I I 1 I' 1L01ol1.... e Figure 9 - Sec. 22 - 1635 (b) Incorporating pedestrian plaza (c) Building articulation and scale. (I) 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. fi,rllr~ "..:it:" .,... j~ Vi ....1 tlJod";~'bIa-';;; ... ". '-.-=r-c=;: ",>, :'i~u", II S...r.l~-I(',:l.~ i::, l\~ee$!!Io" t.leme:IUs. . ~. . . ." .-" . . ~ Showcase wtndows Figure 12 - Sec. 22 - 1635 (c) Vettlcalltellis Undsuping Attwork--Mural Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 0 I /29/2009 Page 41 of42 OOJ..B" ~.~...D.O.D:' .";-'-'" ........:~ '.' I. . . . .. '. .. , .. \ ArchlteclUnll ",.tufes Atchil.cturaJ featufes Malenal vall.liOns landscapelt public: plaza. Fi$Zure 13 - Sec. 22 - 1635 (e) (2) Methods to articulate blank walls: Following is a nonexclusive list of methods to articulate blank walls, pursuant to FWCC 22-1 564(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 ofthe 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); 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(l5)), 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 (Be). (I) 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) ,^Jl signifieant trees '.vi thin a 20 foot perimeter strip around the site shaH be retained and/or replaeed within the applieable required landseape buff-er. 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I V bo I:: i:i3 "-' o i ;:l tI) I U - :E :a >< p;;, The Roper Company Landscape Architecture Site Planning January 12,2009 "Ill" 816 CHERRY AVE. #3A SUMNER, WA. 98390 TELE: 253. 89] . 1030 FAX: 253.826.3891 rooerdale@aol.com Dale );,. Roper President Landscape A'rchited ASLA TO:PETER TOWNSEND FEDERAL WAY CITY CODE CLEARING/GRADINGTREE RaENnON CODE AMENDMENTS REVIEW AND COMMENTS OF SECOND DRAFT ContentandformofaDDllcatfon ". '..... ..... .'. .'.... ..... ....... .'. . ......... 20-83(b} (8).. .location and extend of significant natural features on andimmediotelvdQiay~t t,qthe site...-This implies or requires 'access to adjacehf property. Substitute "visual and narrative assessment" , New ZonlnaCode Mcle Xxx. clearlna. aradina aI1d free andveaetatfon retenHon 22-)00(1 Dumose' . 22-XXX2(a) this section as written is overly broad and restrictive....my interpretation is that One cQuld not cut down a %" dia. Alder without a plan.:.. Substitute..."No person shall remove any significant tree... 22-XXX2(b) see above 22-)00(4 ADDlfcatfon reaulrements 22-XXX4(b} (2) tree survey...... this requires all trees belocated~This requirement should be for si9'nificant trees only otherwise the cost would be far in excess of What would be reasonable. Significanf tree should be clearly defined. Also tree locations should be limited to the property in question. The term within 50' of the site imposes an unnecessary burden, on the applicant. "a visual assessment" should pe substituted . Division 2. clearfna and qradlnd reaulaflons ~8 e,;eneiaf Provisionr.. .' , . ",' ". '.' .,... .... . .' .......... . 22-XXX8(b)nafure of filrmateriql....this statement seems to be for strvctural fill. Landscapefill'should contain decomposing{garden mulch}... ' - . , . 22-xx10 Aesthetics 22xxl O(XX 16)-Development of sites with slopes of 15%+ shall min. grading and use of rockeries and retaining walls.....this requirement imposes an unnecessary restriction on site development options. I agree development should be sensitive, however this requirement is not reasonable and could lead to a variety of interpretations which would be detrimental to the city and the developer. 22-xx15 cut and fill sloDes 22-XX15(b) 3:1 slopes....the limited should be 2:1 there. are a number of soil types whict'\stanaaf2:1 particularly when stabilized by planting. I am not sure why the standards for road construction should bediffereht from those applicable to individual site development. 22-XX 16(d} (4)-a 20' min. setback for garages particularly on steep sites can present 0 grading problem...a 10' min. allows for a garage to be placed sideways with access across the Jot(ie parallel to the contours) . EXHIBIT E PAGE OF:2 RECEIVED ,i!~,~i 232009 CITY OF FEDERAL WAY CDS 22-xx17Rockeries and retainina ~~i'j.,.'/,i;;';;;;; 22~XXI7(a){1)(i)-4' max ht for retairiin$1"wQb.;1\ 4' wall is not a particularly high wall in reality...!n average or small lot d.evefopment ...gr~ii:i wall heights should be allowed. I would recommend a 6' to 8' standard be allowed. With the greater heights a landscape standard might be applied toSPften th~., visual impact. 22-XXI7(a)(3) re 3' landscaped setback from base of retaining waif. When.retoiningj~,p~~,;~'(~~;'jc.'{!" horizontal foot is important. A wall should be allowEXli~~~.P'J9P.~!irle;~s~9~m'}~..,~~~g,~,~;'\1s'} accommodated. '::')"'/.3;,,<. DIvision 3 Tree and veaetatio" Retenno" Reauirements 22-xx18Tree~n~v~~onr..~~cmstandards ,:", ;. <;'. . ......:, DIVISION 3-THIS QIVlSrONREfLECT$ .THE PIERCE, C:;Q~",,1;'(P~OINAN<::eJl8H) ...IhQVe utiJ.~ed tt)e.pj~~ county ordinance on a number of occasions and' have found it rather fair and easy to use. I would recommend that the FederqliV:fQ'l.c:og~i~GqWorf'tepc~9i,I;'\~~!i9~ "V!'1,p~;p~oV,iqe$=?J1lflr,;l~i!Yt() "th~ Pierce County Code but weren6t included 'in . the Federal Way Draft. ReferenCed Sections in~y.qt); ':': _.'. ......,'...: :........:." _ "", ..' ,', ',,'__:.';_,_1,.".;_ ; .... "':"', "; "" - ',.,' '0" ,',' ; 18H.40.o40c Significant Tr~~Prqvides.a qefinitign 9' sigqiflGonttrees ond..o ta!:>lesbowing tr~s qnd caliper inches . I 8H.40.050 Standards for trees to be retained or Planted 18H.40.050B Trees orooosed for olanting-this section identifies replacement tr~'EM~~'~~t,'\,9{.~,nRt.qS,'A0,,'\i,' punitiv~ly,cQ$tLY....ie ~vergr~n{~~lL4:' wittlpqssjble. r;~u~ijqn Jo ~clk;P~~vQ,Us liji$l.S'f.Qcii.ljjtea(f<,' '-'" i. " ',1.; ""', .:. ..'_..,~ """_",,..;,.-. ',',-.:,' -,- -- .J".) ":"': <...', J: ~ >,- ; :-,- ; >,,.," ~ .;. .' ',' :.-, , : i.'~ , .. ,t '. ':: "_'.."" '-.' .;.~. .'- ;' .,- '~""-"_.' ;:~':"-":': >: .__ '-~' .".. :- ';', -,," -"_" .. ..'..: .". .. ""'," -"',', { , , ". ',": .... -.. .: ..".. -, .. -. " .. .. -., of 2". I recoJXlm~ncitt)J$,~~cff9fl.:b,~~gci9~t,~j!li'~;~6nr,~t)(~ . . . .. ,- .. Division'S. Perfc)rmance AssUrance. Mala1t~n~ng~a~d!Enfd;~e",:eht:;' ; 22-XX36ComDUa"Ce and enforcement Table 22.xx41.1 (2.&3.)-The Rnes of $1000 for removal of trees in the$e;6~~1i9~:,~~~jY~d'):Yf1if!v;~.', '; ,. .... ' ~ !.' . ' particularly because the ordinance does not include any clear detfnioon' oflfees'w;'."r~ijit;~.~,;:'~':):;f';i.7;;;~~;:(t{ removed without ~r'lC1lty. .for ~xqrnplein q.d~nsestond9fglc;1etdo,w~ 't;'Iant tgPfQni... ....~l[\Etffiif:tDingof,:T....' I"cal. Trees.Should such an 'action be subjecttocm 'CJpprovedplan and pqt~~ql nl"l~~~"'~i' /' . The Pierce County ordinance referenced above does not have a section for penalties. I would recommend the table be deleted. ' THE ROPER COMPANY . LANDSCAPE AReHITECTS SITE PLANNERS /}a' 11. ~~~,.., ..... ,,' DALE' A.ROPER, PRESIDENT Landscape Architect ASLA EXHIBIT E PAGE ;Z OF ~ Janet Shull From: Sent: To: Subject: PAUL GOBAT [pgobat@msn.com] Thursday. January 22, 2009 11 :55 AM Janet Shull Clearing, Grading, & Tree Retention Code Amendments Comments Janet, Thanks for taking the time to review my comments concerning the "Clearing, Grading and Tree and Vegetation Retention Code Amendments". Obviously you and the planning stafIhave done a lot of work and put a lot of thought into the proposed amendments and I do think overall you have done a good job. I believe it is necessary for F ederal Way to impose greater limits on the large lot development process and the proposed amendments are aimed at that segment of the housing industry. I frequently drive SW Campus Drive as well as drive by the comer of First Av and 312th St and see the results of the current regulations. I am concerned, however, that the proposed amendments do not adequately take intO' account the developed single family lot. . I was at the Planning Commission meeting on January 21 when you commented that article 22-XXX3 Exemptions section (9) b. (on bottom page 14) solves the issue as it relates to developed single family lots. I disagree since it impossible to meet. Anything a homeowner does to hislher lot will "change the quality, quantity or velocity of stormwater or groundwater". Even minor tasks such as mowing and fertilizing the lawn will have some effect on the groundwater and/or stormwater runoff. It may be a little or a lot but there is no question in my mind it will change. Perhaps the addition of the word "si~ificantly" before the second "change" would be appropriate even though I (and I expect experts as well) would have a difficult time deiming "significantly" when it comes to measuring groundwater changes or stormwater runoff. I understand you have not had a chance to review the latest changes suggested by the Master Builder's Association but I urge you to consider their suggestion related to removal of trees on developed single family lots as amended below. I believe the paragraph they submitted should read: (14) Removal of trees not deemed fundamental on developed single family lots. A "fundamental tree" on a developed single family lot shall be deimed as: a. Twelve inches d.b.h. and in good health; and b. Not detrimental to the community (e.g., not diseased, dying or likely of falling into public open space or right of way or causing damage to property, etc., as determined by a licensed arborist or forester) or obscuring safe sight distance requirements. Fundamental trees shall not include alder, cottonwood, poplar or big leaf maple. This suggestion uses similar language to that in place in the current code for developed single family lots while meeting the proposed purpose of the new zoning code article. I would appreciate your adding me to the list to receive an email copy of the revised amendment prior to the next public hearing on February 4. Thanks 'rn." "'..,,~. H' ,.~ff..'i' I:. ... ~"J.l~.. 'f.;. ~~-: -. ".~-_....~"-. if ~ '.", c. '. J<\:...A Paul Gobat ::~ /"1 .~ ...... ,\ ,?'J I1l4 SW296U.;-8t--,._ :;.! 1:j F>\ "'f. 1 EXHIBIT PAGE / OF /~ ;;2 Federal Way, 98023 Telephone: 253 529 8969 Email: pgobat@msn.com if' ~ .r, P. itJ "V ,...~ _--,__" ~ !",I t f'~ ^::;I ,j ("'t '31<1. A''''' .._., . ,'" "'_,,, -~ ..,J,w_. ." 't t~ --_. '.....- -.. ,..j.:,.. - ~! .- EXHIBIT . ;- PAGE ;Z OF ;;:1 2 COMMENTS: City of Federal way SUBJECT: New Zoninfl Code Article xxx. Clearinfl. Gradin~. and Tree and Vet!etation Retention . Thank you for making this comment opportunity available. My thanks are also offered to the Staff for their input and assistance. And my apologies for coming into this. Process after so many months of hard work has passed - I pledge to stay more informed ongoing in the future. I would like to .Umit my time and input to these three points: FIRST - AidjnflJJubtic comment In your last meeting. it became clear to me that the Staff has a critical job providing what you folks need to deal With these efforts - the documents that I finally reviewed are prepared for your use and thus they refleet the continuity of these formal discussions. There are no materials known to me that are meant to facilitate input from the 'lay' pubtic. · The recommendation described by Mr. Townsend to offer the ~tory proposal in a cUI'I'ent, J1I'O/HlSed, tlIId intent fOrDlIlt for pubtic eOlDDlent is very a~etive to me.. · The list of regulatory inteiItions offered by Ms. Janet ShoD at the last meeting was extremely helpful, and the easy/ready availability of such an informative presentation is desirable. · The public would greatly benefit from a period 'rest for comment' during your process with access to a much clearer draft of the status of your work product. {Please note that as citizens we are forced to 'halt' our permitting as well as design and cons,truction for extensive 15-day and 3O-day segments while the City assesses things and gets input. Itseems reasonable to ask that the City provide the same 'windows' for the citizens who will.be impacted by these new reguIations.} SECOND - Net!8tivitv in IanflWlfle The language of Code XXX as apparently proposed seems to this citizen to be somewhat harsh and at times even negative. It gives one the impression of a City that is taking excessive action in tieu of being unable to cause the offending previous harvesters to either correct or Somehow compensate the community for what apparently was a legal at the time, albeit visibly undesirable, tree removal action. Two elements of the proposed code are offered as examples: · *"22-XXX2 Aoolieabilitv No person shall remove any trees, etc..." I would contend that any phrasing that begins with "No" is likely *0 be seen as negative at best. · "22-XXX18 Tree and vet!etation retention standards..." This extremely inclusive section goes on to require a totoltree inventory that extends to the neighboring properties at the cost of the individual... This language would be helped by some softening and more clarity of purpose. I believe that Staff response to Commissioner Carlson's remarks at the last meeting tends to help he~ ~ 1tHJJtIfI.- ~. . ~I TBIRDL Y - Re-assurance intended in the laJumafle If a part of the proposed language is intended to re-assure citizens of a reasonable intent it helps to make this a simpler and more direct statement. One area of major interest to individual homeowners: "22-XXX3-Exemotions." The copy of Appendix A that was obtained on January 21st appeared to have excluded language that would clarify the exemption for single-family from new regulations, and make it clear that previous eriteria would survive. Staff comments by Ms. ShoD at the January 21st meeting were extremely helpful here and something to this effect would be welcomed. 294371:.0 A:'s'; 'OJ ~ . Federal Way, W A 98023 Additional in1}ut to theCleatfu~&.Gradin2~ ;.'regulatorv:p1"()C~ss: Section .22-XCXX3 - Exemptions Suggested addition' of ap~j)lt (14): (14) Removal and trimmi~g oftrees;.~dtheremoval,mainte.tiance;anatrin1ri1ing at vegetation, on single-family sites, except as currently restricted in other cOJl1P9l\en~ p{ . the code is not governed by the permitting procedufes for tl1e~~_~~':;' ; ! Orading,.and Tree and VegetationReteiitiontegU18tionS 'ofN:e}VZQ~fni CQa.e~Cle :X:xx.. .... ....'(!;.;; C',;",;":'..(,; . > -'- ,'.' Language of positive exclusion such as that aboveis~~~jq '1zelp~ i7zdMdual homeowner navigate these newcompUc(f!ed re.quir~en~. .~MasterBuildersinputfor January21st meetingmfZ)' have language fo this efffi.claJlA!.e.lI'7' J~UppQrtthe intent. ""T~,':#Qn '..' 29437'IOth'Ave SW Federal Way, WA 98023 " :(I"'''~! ;', .,.;., EXHI~I" . {j PAGE 20F' ~.. 111 ;p ill RECE.IVE D ill !Ii Iii . I 'Ii I J4N 2 3 2009 1 I , --~L ~~~fr~ ~~---___Ve~ef~4A/ JIe~ioA/ III ~rr-~-'---'-' .---. ~'. ." . .'- . - -- k+- r.. /Jaf~~/)1/j1/~~f) _..,,~~~ e- ~ -' -'-111-4~h ,~ zd- efi//'m:{ --ilr---~/.IJ~ 6?_. ._~_.~----->.1#--_._..Cf!-!JdheL~~e~~_~ "j/Nil _ --l----m~F~~"Ml14e -----ftJ---~li;~d!~.. ' ~. ~f- oL ~ '----*-----+~-, ~r:> J1Ier:i5tlre~ __ -.,.- --+---.Ll1I01k-~~ -1&5.fL~ ,(Jt1ia ~I~-~-~~.."..'~. .,~~~--~~---~:~-~~ ------+!t---Md~pi2jl2~ - -----=-i~~Iiif~;j~ il! - / -I- : I 1- '--/"t~. / ? ---'~_._-''''"'-'-'ilt~'-'--'-'''-'-~-~-'-'''---i-----._.Mf4!;;Z~.-~-$-ay._.I.::L+J~~-~ --'_._"-"~"'-"~""~'''-'.:'.r---6 -~~e-T::fCLdffes+.-. dh.; ~~.dL2..~ - -----;.~'.----- C--r::-N..~. -'.!lA/-fr." ._-.f2a.-........';f.....~ ~~.. ~./~~. Z..~ ._~-_._~._._...."~.......ll~~._..,_.._...,,._. .-i:L(L....._.l-ltttl!1e.clW-AkL..._.~_'--=-'t[:..(d[:.I_;:::?__rL2_____ .__._""_....~"'...,....-H~~-..._..---{)ji#iL.....dize_._d~-_~~Q (lda-t--111Qr~ __ -.----......----~,_.I.!~.....-".......--,.-,.-....Ct2.Nla2~~---WClttLLcl.._,,_tze~.dt2D ~~-L~_&ce ____ f!: rr--- ---~--l---~~.".."'-'''--- .. _......_..,_.__._....._-~- .. ---..-----...-.-----.- --~.__.._..._+L.~-----I--lIc:IJLK. ... . t2k:1. /-7-/ ~~~~=-.~==:Jt_-:-:..-------:PA~~1~jl~~~:,==:~1~=~F~-;=== Hr' . .... .. .... ..... ......... ............. ....".....--..-....-.....-....-....FEP.;-..W;itx.....--.-9ffr9-~~._-'"_.... Ms. Janet Shull, Senior Planner, City of Federal Way, City Hall, Federal Way, WA 98003 J an 26, 2009 Plannm!! Commission {"mal draft-Clear. Grade. Trees Dear Janet, I wanted to thank you, Greg and Margaret for meeting with us and brainstorming our Issues. 1. We agreed to add native and non native to Pages 6 and 7 definitions. I would still like to include alders and blackberries specifically as invasive, as they are not likely to be struck from the list of problem species! Would you please review this, as I know it is not your intention to be overloaded with minor items at your office in future. This would avoid having to get an ok from you to trim a 6'alder sapling with a minor Y2" trunk. 2. Monetary Penalties, page 30. You agreed to indicate that this would be the end of the line, only after the three or four other warnings had been ignored. 3. Homeowner exemption bottom page 14. I think you agreed to indicate clearly that this is the section that applies to homeowners. 4. After the main meeting, you, Greg, Bob Ormsby and I discussed maintenance for homes situated on more than one parcel. a. There could easily be +/-1000 homes that could fit this situation, especially if you include the unincorporated areas of Federal Way that are in the City's sphere of interest. b. . For instance, on an adjacent lot to that of our home, we have a large lawn sprinkler system, shrubs, trees, paths, etc. that we have been maintaining, watering trimming, etc. like any other homeowner does for years and years, well before the city was incorporated. The lawns and shrubs, trees, etc on our home lot and on the next lots are all contiguous. c. We mow the grass, trim trees, maintain paths, and do all other normal maintenance work of all of our other lots and have done so for years, well before the City was incorporated. Otherwise we would have a jungle as a home. c . {<-.l:.t ..-j-- EXHIBIT J PAGE J OF :;2 d. Our children have used ~e 4 acres as a home like any other, and we continue to operate this way on all lots. They climbed trees, played all over, had vegetable gardens, had swings, etc e. Another example would be Powell Wood-they may well have more than one lot that they live on, but have to maintain all lots to keep them in good shape! 5. You agreed to review this matter. I have given you a few examples of the problems that will arise if you do not make provision, or have a fair procedure, for maintenance on lots having more than one parcel fora home. Please treat us like any other homeowner and set up adequate maintenance for this. We cannot come to you every time we want to mow, etc, etc. 6.' It seemS logical to have a (Hause in these iDstances~ that says that we have a right to be treated ~e' anyotherhopleowner; irrespective of# of lots, so far as ~ongoing maintenance goes. 7 . We would appreciate it if you would run your suggested changes past usiby e- mail, to give us a quick chance to review them before they become part of your finalcdtaft-just a case of dotting i'sand:crossing t's foJ;the finaL Many thanks, Very truly yours, Peter H Townsend, CPA cc Greg Fewins ~ j..: , EXHIBIT PAGE ;Z OF 1 i "'" :;2 r-..'" '~j. Janet Shull From: Sent: To: Subject: Robert Ormsby [robertdormsby6@msn.com] Monday, January 26, 2009 9:59 AM Janet Shull Clearing/Grading and Tree Retention Code Amendments Good Morning, Janet, Thank you for taking the time to meet with all of us Friday afternoon. Having been in the Facilities business for over thirty years, I know how challenging these kinds of efforts can be. I like the direction of the development of the City of Federal Way... it is reflective of the visions of those of us who worked to get the city incorporated. The subject code amendments represent another step in the right direction. I think the one area where this code can be further improved over the existing is in the area of maintenance, as we discussed Friday. The following is my shot at language to this end. · Paragraph 22-XXX3 Exemptions subparagraph 10 Re-word II Routine maintenance of trees and vegetation on developed properties by the property owners (or their representatives) to maintain the health of cultivated plants and to preserve view site lines so as to maintain the esthetics and value of developed properties is permissible. This includes removal of native and non-native invasive species such as Alder, Cottonwood and English Ivy. Thank you again for meeting with us. I look forward to reviewing your next draft of the code revisions. Bob Ormsby Selkirk Project Solutions, LLC (253) 839-6155 (206) 972-5577 Mobile - EXHIBIT PAGE J ~ OF 1 Planning Commission of Federal Way City Hall, F W W A. 98003 Feb 4, 09 Marine View EstateslDemarwood ImDrovement Club inDut on Trees. Clearinl! and Gradinl! revision. Ladies/Gentlemen, Our group and Mr. Roper, the landscape architect, met with Greg Fewins, Janet Shull and Margaret Clark on January 26, 2009. They were helpful and made quite a few changes based on our discussion and earlier input; these are outlined in the 4th Revision issued on January 30. This is our only chance to respond to their proposed changes. They also did not address some of the issues that we raised. They told us that they were out of time, and could not spend more time discussing these issues until tonight's meeting. We are now asking that these omitted items be addressed now at this meeting between staff and ourselves in front of you. If you cannot discuss these items tonight, we ask that you continue the public hearing. You are addressing issues that will affect thousands of homeowners. We sense your feeling of frustration at how long the process is taking, but the result has to come out right. We only found out about this because you did not contact any homeowners group in your process. It seems that your public outreach program needs strengthening, particularly as it would appear that we are the only homeowner group out of maybe sixty in Federal Way to fmd out what you have been discussing for a year. Another issue is that you do not know the costs of what you are passing on to the homeowners The following issues are still pending and we ask for you to address each of these at tonight's meeting: 1. Mr. Gobat's issue of "significant" and the question of "miniscule" versus significant runoff changes if aq homeowner removes a tree. 2. Mr Ormsby's letter on "views." 3. Mr. Townsend letter re "alders, cottonwoods, etc." The staff reply to us seems as trying to work a semantics problem rather than addressing the issue. A simple sentence might read." Irrespective of invasive or non-invasive specimens, alders, are excluded as nuisance trees. . . . . .." F ederal Way and many other jurisdictions exclude them already. 3 ~ . T~lli)J~ v~ ~ 1t\~~\J l\llli ~{: f~~N... \J~'i S\t~Rf \JNf' \J6 ~()S'l\ ( ~ \J ~ }J 'H g 'MS' '> 4. Mr. Roper's points. 5.. Extra issues: a. Bellevue tried a similar approach and they had to reverse the ordinance when it came to rights of homeowners in their yards. b. Does the homeowner have to hire an arborist every time he or she wants to cut a 6" diameter tree to figure how many trees he has to plant to bring his lot up to the . replacement table? What is the cost of this, including the number of new trees required? The table is almost impossible for the homeowner to comprehend. c. We have several tree questions to go over, but have not had the time to discuss d. There may well be other issues once we have more time to read the 40 pages in detail. these with staff yet. If you vote on this ordinance without some of these problems being resoolved, we may have to ask for a further public hearing at the land use and transport committee. President Obama is asking for some public transparency. We are asking for the same in this process. We have not have had adequate time for public discourse and input. Please give us another 2 weeks and a chance to discuss with staff and discuss their answers with us. Very truly yours, t~W ' Peter Townsend, CPA