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Planning Comm PKT 02-18-2009 February 18, 2009 6:00 p.m. Dinner 7:00 p.m. Meeting City of Federal Way PLANNING COMMISSION City Hall Hylebos Conference Room Council Chambers Annual Appreciation Dinner AGENDA 1. CALL TO ORDER 2. ROLLCALL 3. APPROVAL OF MINUTES February 4, 2009 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS . ELECTIONS Chair & Vice-Chair . PUBLIC HEARING RV's in Residential Zones Code Amendments . PUBLIC HEARING Construction Hours Code Amendments . STUDY SESSION Work Program 7. ADDITIONAL BUSINESS 8. AUDIENCE COMMENT 9. ADJOURN Commissioners Merle Pfeifer, Chair Lawson Bronson Tom Medhurst Tim 0 'Neil Hope Elder, Vice-Chair Wayne Carlson Sarady Long (Alternate) K: IPlanning Commission\2009lAgenda 02-18-09.doc City Staff Greg Fewins, CDS Director Margaret Clark, Senior Planner E. Tina Piety, Administrative Assistant 253-835-2601 l'\-'ww.citl/ofJederalwav.com CITY OF FEDERAL WAY PLANNING COMMISSION February 4, 2009 7:00 p.m. 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. ApPROVAL OF MINUTES Commissioner Bronson moved (and it was seconded) to approve the minutes of January 7,2009, and January 21,2009 as written. The motion carried unanimously. AUDIENCE COMMENT None ADMINISTRATIVE REpORT Mr. Fewins announced that at the February 18, 2009, Planning Commission meeting we will hold our Annual Appreciation Dinner. The dinner will start at 6:00 p.m. and will take place in the Dash Point Conference Room. The regular meeting will start at 7:00 p.m. in the Council Chambers. There will be two public hearings: one on the use of recreational vehicles for temporary occupancy and the second is on construction hours (the Commission held a public hearing on the construction hours and the LUTC sent it back to Commission). In addition, there will be a study session on the 2009 work program. Mr. Fewins stated that the reorganization of the Federal Way City Code (FWCC) becomes effective February 9,2009. The codified version should be ready in about a month. He asked Commissioners ifthey want a hard copy of the new code or if they would be willing to access it through the web site. Commissioner Hope would like a hard copy. Commissioner Bronson suggested a CD, but is willing to use the website. The other Commissioners are willing to access the code through the website. Commissioner Carlson stated that the tables on the web site are difficult to read and understand. Mr. Fewins replied he would look into this issue. COMMISSION BUSINESS PUBLIC HEARING Continued - Clearing, Grading, and Tree Retention Code Amendments Ms. Shull delivered the staff report. She focused on the changes made since the January 21 sl meeting. On January 30,2009, staff issued a final staff draft and it is this document that is being considered at tonight's meeting. There are two recommendations that staffhas received numerous comments to change, namely limiting the artificial slope gradient to 3: 1 and limiting the height of single- family retainjng walls to four feet and multi-family/commercial retaining walls to six feet. After careful review of these comments, staff has concluded that the recommendations will not be changed. The meeting was opened for public comment. K\Planning Commission\2009\Meeting Summary 02-04-09.doc Planning Commission Minutes Page 2 February 4, 2009 Peter Townsend - He commented that he does understand the Commission is frustrated and feels the proposed amendments should be moved on, but he and other citizens are frustrated because they have only recently learned about this issue and are attempting to understand some 40 pages of proposed changes. This issue will affect thousands of homeowners. There are issues he feels have not been adequately discussed, but feels this is not the time to bring them up since the Commission wants to move the proposed amendments on to the City Council Land/Use Transportation Committee (LUTe). He suggested that in the future, staff inform homeowner associations of all proposed code amendments. Paul Gobat- He stated that the minutes of January 7, 2009, on page 2, state that the proposed amendments will not be retroactive and are intended for new lots. The draft does not address this. The City has not had much input from homeowners on the proposed code amendments. Bellevue had problems because homeowners did not have much input into some proposed amendments. Bob Ormsby - He stated that staff has done a good job. Please clarify whether the proposed code amendments will allow a homeowner to maintain their view. He has lived in a house where he lost his view because trees in the green belt grew high enough to obscure the view. What impact would the proposed code amendments have on a homeowner who remodels and changes the footprint? Paul Lymberis, Quadrant - He asked the Commissioners to look at Exhibit D, which is two examples of slopes comparing 3: 1 to 2: 1 slopes. His concern is that given the small nature of the change, why should he have to go through a modification process. The 2:1 slopes could be required to meet regulations for steep slopes and he asked the Commission to encourage staff to make this change. Brant Schweikl, Schweikl and Associates - He asked that if the proposed amendments are adopted, that a report be prepared after they have been in use for a while to ascertain if the proposed amendments work or not. He suggested the report include how many modifications are requested and if they are approved or not. Commissioner Carlson stated that in regards to the 2: 1 versus 3: 1 slopes, his inclination was to agree with the staff recommendation. However, after reviewing Exhibit D on slopes and what has been said tonight, he feels that a 2: 1 slope at a limited, short height would be acceptable. Commissioner Carlson asked staff if a covenant allows topping and if the city does not, which regulations would take precedence? Mr. Beckwith replied that covenants are private agreements between homeowners and city regulations take precedence over covenant regulations. Mr. Carlson noted that on page 14 of Exhibit A (proposed amendments), item 22-XXX3(9)(c) deals with tree and vegetation removal and storm- and groundwater and states that removal "... will not change the quality, quantity, or velocity of stormwa~er or groundwater." Any kind of clearing and grading will increase the quantity of runoff, so the word "quantity" should be deleted. Chair Pfeifer asked Mr. Lymberis what he would say the height should be for a 2: 1 slope. Mr. Lymberis commented that he doesn't know the magic number, but ten feet seems to make the Jllost sense because it fits the current code. Comment has been made in the past that a 3: 1 slope is easier to maintain; Mr. Lymberis commented that not all slopes are intended to be maintained. Commissioner Medhurst commented that in regards to slopes, the proposed amendments should accommodate the most common exceptions. He also commented that the definition of topping could allow one to limb a tree from the bottom up and the definition should be changed. K:\Planning Commission\2009\Meeting Summary 02-04-09.doc Planning Commission Minutes Page 3 February 4, 2009 Commissioner Medhurst is concerned that with a 5% administrative cash deposit for bonds, because as the amount a bond increases, so will the administrative deposit. He does not feel a more expensive bond requires a more expensive administrative deposit and suggested that the administrative cash deposit be a fixed fee. In regards to retaining walls, it is stated that an exemption may be made to allow a higher wall, but it would have to lead to a "better result." What is meant by a "better result" and how could staff apply this equitably? Ms. Shull replied that the 5% administrative cash deposit was chosen because this type of bonds is not expected to be expensive. However, she understands the concern and staff is willing to consider the suggestion. As far as using the phase "better result" for allowing an exemption for retaining walls, staff wants to have flexibility in the code and since it is not possible to know all contingencies, it was felt this phase would allow for flexibility. The "better result" would be based on aesthetics or saving open space. Commissioner O'Neil asked Ms. Shull to explain the modification process; he is concerned regarding timing of a modification, not wanting it to delay a project. Ms. Shull first clarified that a modification is not a variance. A variance takes more time and effort and requires a hearing examiner hearing. The type of development standards the city currently grants modifications to include right-of-way projects, landscaping, and parking. Generally it will become apparent during the preapplication whether a modification may be wanted or not. The applicant submits a letter to the director requesting the modification explaining what is wanted and why. Any supporting documentation is included with the letter. The director will issue a recommendation on the modification request by letter. The process can take from a few days to perhaps a month or two depending upon the complexity of the request. Regardless, as long as the applicant requests the modification while their project application is being processed, the recommendation for the modification request will be completed before the project application process. Commissioner Elder commented that she has spent a great deal of time considering the slope issue. She went to another city to view how they handle slopes. She has decided that she does not support the staff recommendation for slopes, but she does support the staff recommendation for fence height. Commissioner Bronson commented that on page 2 of Exhibit A, item 20-83(b)(29), it states that the applicant may be asked for additional information at the discretion of the director. This concerns him because there is no limit on what the director may ask for and it could increase the cost and time to process the application. Ms. Shull replied that requirement is there because staff cannot anticipate all information that may be needed to process the application. Commissioner Bronson commented that on page 14 of Exhibit A, item 22-XXX3(9)(d), seems to indicate that a permit is required to remove trees and vegetation. Mr. Fewins commented that removal oftrees and vegetation on a residential lot does not require city approval or permission if it meets the criteria stated in subsections a - c of that section. Commissioner Long asked ifthere is a fee for a modification request. Mr. Fewins replied there is no fee. Commissioner Long asked if a homeowner is granted a modification and his neighbor wants the same modification, does the neighbor have to submit a modification request. Ms. Shull replied that the neighbor will need to apply for a modification so that there is an official record of the request and approval. Commissioner O'Neil asked ifhe was to remove a tree from his backyard, how this would affect the tree unit per acre requirement. Ms. Shull replied that if removing the tree would put you below the tree unit per acre requirement, then you would need to replace the tree. Be aware that for an already developed lot, you would only need to replace to the point you are currently. For example, if to meet the tree unit per acre K:\Planning Commission\2009\Meeting Summary 02-04-09.doc Planning Commission Minutes Page 4 February 4, 2009 requirement your lot would need five trees but currently you have three, you do not need to plant two more trees. In addition, if you were to remove one of your three trees, you would only need to replace one tree, you would not have to bring the number up to five. Commissioner Medhurst asked what if! want to replace with a different type of tree. Ms. Shull replied that city will have a wide-range list of acceptable replacement trees. In addition, one can request a modification. Commissioner Carlson asked staff to clarify that a parcel part of an approved subdivision would not be subject to the proposed amendments. Mr. Fewins commented that per state law, a final subdivision is vested for five years and any development within the subdivision after those five years is subject to the current code. Commissioner Carlson asked staff to speak to the topic of topping. Ms. Shull responded that the city does not have a tree topping standard. Topping is not the same as pruning and arborists say that topping almost always leads to the death of the tree. For this reason, in the proposed amendments the city considers topping the same as removing a tree. Commissioner O'Neil asked if someone cuts down a tree and thereby no longer meets the tree unit per acre requirement, how would the city know. Mr. Fewins replied that the city's code enforcement is a complaint based, meaning that unless your neighbor files a compliant, the city will not know. Commissioner Bronson moved (and it was seconded) to adopt the proposed code amendments as written and send them on to the LUTC recommending approval. Commissioner Elder commented that she favors a 2:1 slope. Commissioner Carlson agreed, but also feels the height or length should be limited to six feet. Commissioner Bronson stated that a 2: 1 slope should be acceptable and the city can encourage developers to design 3: 1 slopes. Commissioner Carlson stated that engineers should be able to design aesthetically pleasing 2: 1 slopes. Commissioner Elder commented that properties are developed to be sold and engineers know what will and will not sell and they say 2: 1 slopes will sell. Commissioner O'Neil stated that he understands both the staff's and developer's views and feels that as long as the modification process is not onerous, 3: 1 slopes are acceptable. Commissioner Medhurst commented he is in favor of 2: 1 slopes. Commissioner Carlson moved (and it was seconded) to amend the motion by amending section 22-XX15 to provide for 2:1 slopes with length of no greater than six feet. Commissioner Bronson commented he doesn't see a need for the six-foot length limit. The vote was held on the amendment to the motion with two opposed and five in favor; the amendment to the motion carried. It was pointed out to staff that on page 14 of Exhibit A, there are two sections numbered 9. Commissioner Medhurst commented that the bond deposit should be on a sliding scale. Commissioner Medhurst moved (and it was seconded) to amend the motion on the floor to modify Division 3 section 22- XX33 paragraph 3 to include language consistent with existing bond cash deposits to be applied on a sliding scale. The vote was held with seven in favor; the amendment to the motion carried. Commissioner Carlson moved (and it was seconded) to amend the motion by removing the word "quantity" from section 22-XXX3(9)(c). The vote was held with seven in favor; the amendment to the motion carried. The vote was held on the original motion to adopt the proposed code amendments as written and send them on to the LUTC recommending approval as amended. The vote was held with seven in favor; the motion as amended carried. K\Planning Commission\2009\Meeting Summary 02-04-09.doc Planning Commission Minutes Page 5 February 4,2009 ADDITIONAL BUSINESS Commissioner Pfeifer thanked the staff for all the work they did on the Clearing, Grading, and Tree Retention Code Amendments. He appreciated that staff involved the Master Builders Association, homeowners, developers, and engineers and that staff listened to them and made some changes based on what they heard. Mr. Fewins commented that staff intends to present the proposed amendments at the February 23,2009, Land Use/Transportation Committee (LUTC) meeting. He also stated that the Planning Commission needs to hold elections for chair and vice-chair at their next meeting, planned for February 18, 2009. AUDIENCE COMMENT Peter Townsend - He commented that there are more issues that need to be addressed on the Clearing, Grading, and Tree Retention Code Amendments. Brant Schweikl, Schweikl and Associates - He stated that he had a project where a costly noise study was an additional study requested perthe director. He asked if subdivisions are vested for five years, does that mean the CC&R's are no good after five years. He asked if Commissioner Carlson intended for his amendment to slopes to limit height and not length. Mr. Beckwith replied that the CC&R's would be a valid document, but city requirements may supersede them. Commissioner Carlson agreed that he did intend to limit the height and not the length of slopes. Mr. Fewins commented that he will ensure the LUTC is aware that height and not length was intended. ADJOURN The meeting was adjourned at 9:00 p.m. K:\Planning Commission\2009\Meeting Summary 02-04-09.doc CITY OF Federal Way STAFF REPORT TO THE PLANNING COMMISSION Proposed Amendments to Allow a Recreational Vehicle to Be Used As a Temporary Dwelling Amendments to Federal Way City Code (FWCC) Chapter 22 File No. 09-100309-00-UP / 09-100310-SE Public Hearing of February 18, 2009 I. BACKGROUND Amendments to the zoning code (Federal Way City Code [FWCC] Chapter 22) regarding allowing temporary occupancy of a recreational vehicle at a residential property where the primary dwelling unit has been damaged and deemed unsafe to occupy, was initiated by the City Manger at the request of a citizen. The Planning Commission is being asked to review the proposed changes to the zoning code, attached as Exhibit A, and forward a recommendation to the City Council. The following proposed zoning text amendments are addressed in this staff report: 1. Modify FWCC Section 22-1 to add a definition of recreational vehicle. 2. Modify FWCC Chapter 22, Article xm, Sections 22-1112, 22-1135, 22-1177, and 22- 1180 to add process and criteria whereby a recreational vehicle may be used as a temporary dwelling on a single-family residential lot where the primary dwelling unit is unsafe to occupy by reason of disaster or accident such as fire, wind, earthquake, or other similar circumstance. II. PROPOSED CODE AMENDMENTS 1. Recommended Modification to Definitions, FWCC Section 22-1 FWCC Section 22-1 does not currently include a definition of recreational vehicle. The proposed definition of recreational vehicle is necessary to clearly define what constitutes a recreational vehicle. The proposed defmition of recreational vehicle comes from the Revised Code of Washington (RCW) 46.70.011. 2. Recommended Modification to FWCC Sections 22-1112, 22-1135, 22-1176, 22-1177, and 22-1180, Permitting and Defining Standards to Allow Temporary Occupancy of a Recreational Vehicle . The FWCC currently limits sleeping in or using a recreational vehicle for any other residential purpose in a residential zone to no more than 14 days in a I80-day period. The proposed code amendment would allow recreational vehicles to be used as a temporary dwelling on a residential lot where the primary dwelling unit is unsafe to occupy by reason of disaster or accident such as fire, wind, earthquake, or other similar circumstance. The proposed code amendments also set out the process to request the temporary approval, identify the allowed duration for the temporary occupancy, require that generators are not permitted, and identify the allowable location of the recreational vehicle on a residential lot. They allow the Director to revoke the approval if the requirements of the code are not met and provide for notifying the applicant, property owner (if different from the applicant), and all adjoining property owners of the temporary approved use. III. PROCEDURAL SUMMARY On January 31,2009, the City issued an Environmental Determination of Non significance (DNS) on the proposed amendments, with a comment deadline of February 16, 2009, and an appeal deadline of March 2, 2009. No comments on the DNS have been submitted to the City as of the date of transmittal of this staff report. Public notice of the February 18,2008, public hearing was published and posted on January 31,2009, in accordance with the City's procedural requirements. In addition, all Homeowners Associations known to the city were sent a copy of the DNS notice and a copy of the Planning Commission public notice. IV. REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528. 3. To forward a recommendation to the City Council regarding adoption of the proposed zoning code text amendment. V. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. The proposed FWCC text amendment is consistent with the following Federal Way Comprehensive Plan (FWCP) policies: Allow Temporary Occupancy of a Recreational Vehicle - Code Amendments Planning Commission Staff Report Meeting Date: February 18, 2009 Page 2 LUPl Use residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. LUPll Support the continuation of a strong residential community. LUG3.1 Provide wide range of housing densities and types in the single-family designated areas. LUG4 Provide a wide range of housing types and densities commensurate with the community's needs and preferences. HP4 Maintain a strong code enforcement program to protect residential areas from illegal land use activities. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWCC text amendment bears substantial relationship to the public health, safety, and welfare because it provides for a temporary housing opportunity following a disaster or accident. 3. The proposed amendment is in the best interest ofthe residents ofthe City. Approval of the proposed code amendment would benefit the City as a whole as it would provide the opportunity for temporary housing following a hardship such as a natural disaster or accidental fire. The standards for location and duration of the allowed temporary recreational vehicle dwelling would help to ensure compatibility with the surrounding neighborhood. VI. STAFF RECOMMENDATION Based on the above staff analysis and decisional criteria, staff recommends that the following amendments to FWCC Chapter 22, "Zoning," be recommended for approval to the City Council. 1. Modification to the FWCC Chapter 22, Article I, Section 22-1, to add a definition of Recreational Vehicle. 2. Modification ofFWCC Chapter 22, Article XIII, Sections 22-1112,22-1135,22-1176, 22-1177, and 22-1180, permitting and defming standards for allowing a recreational vehicle to be used as a temporary dwelling unit on a single-family residential lot where the primary dwelling unit is unsafe to occupy by reason of disaster or accident such as fire, wind, earthquake, or other similar circumstance. Allow Temporary Occupancy of a Recreational Vehicle - Code Amendments Planning Commission Staff Report Meeting Date: February 18, 2009 Page 3 VII. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend to the City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to the City Council adoption of the FWCC text amendments as modified; 3. Recommend to the City Council that the proposed FWCC text amendments not be adopted; or 4. Forward the proposed FWCC text amendments to the City Council without a recommendation. EXHIBIT Exhibit A - Proposed Code Amendments: . FWCC Chapter 22, Article I, Section 22-1, Definition of Recreational Vehicle . FWCC Chapter 22, Article XIII, Sections 22-1112, 22-1135, 22-1176, 22-1177, and 22-1180 K:\2009 Code Amendments\Rv's in Residential Zones\Planning Commission\Planning Commission Staff Report.doc Allow Temporary Occupancy of a Recreational Vehicle - Code Amendments Planning Commission Staff Report Meeting Date: February 18, 2009 Page 4 Federal Way City Code (FWCC) Chapter 22 "Zoning" Article I "In General" Add New Definition from RCW 46.70.011 22-1 Definitions "Recreational vehicle" means a travel trailer. motor home. truck camper. or camping trailer that is primarily designed and used as temporary living Quarters. is either self-propelled or mounted on or drawn by another vehicle. is transient. is not occupied as a primary residence. and is not immobilized or permanently affixed to a mobile home lot. Article XIII "Supplementary District Regulations" Division 8. Outdoor Activities and Storage 22-1112 Residential uses. The purpose of this chapter is to establish standards for outdoor residential uses, storage and activities related to motor vehicles and nonmotorized vehicles. These standards are intended to protect property values by reducing visual blight, aid in emergency access and fire safety, guard against the creation of rodent and pest harborage, and reduce the impact on the natural environment from the leaking of motor vehicle fluids. Outdoor uses, storage and activities normally associated with a residential use are permitted, unless otherwise regulated or prohibited by this chapter. All motor vehicle and nonmotorized vehicle parking and storage for residential uses containing either detached or attached dwellings shall be in a garage, carport or on an approved impervious surface. except for recreational vehicles to be used as a temporary dwelling on a single-family residential lot where the primary dwelling unit is unsafe to occupy by reason of disaster or accident such as fire. wind. earthquake. or other similar circumstance. Nonmotorized vehicles may include but are not limited to travel and camp trailers, utility trailers, truck campers, and boat or vehicle transport trailers. Any garage, carport or impervious surface used for motor vehicle or nonmotorized vehicle parking or storage shall have direct driveway access. This section does not apply to residential lots containing a detached dwelling unit where the total lot size is 20,000 square feet or more. However, junked, wrecked, dismantled, or inoperable motor vehicles must be stored in a completely enclosed building regardless of the size or zoning designation of the lot. (Ord. No. 90-43, S 2(115.105(2)), 2-27-90; Ord. No. 99-341, S 3, 5-4-99) Division 9. Yard Requirements 22-1135 Driveways and parking areas. Vehicles may not be parked in required yards except as follows: Temporary Recreational Vehicle Occupancy Code Amendments Page 1 of3 (1) Detached dwelling units. The regulations of this section apply to driveways and parking areas for detached dwelling units. a. Generally. Vehicles may not be parked in a required side yard. but may be parked in the required front and rear yards only if parked on a driveway and/or parking pad, except as specified in subsection (1 )(b) of this section. A driveway and/or parking pad, in a required front yard, may not exceed 20 feet in width except as specified in subsection (1)(b) of this section and may not be closer than five feet to any side property line. Recreational vehicles to be used as a temporary dwelling on a residential lot where the primary dwelling unit is unsafe to OCCUPy by reason of disaster or accident such as fire. wind. earthquake, or other similar circumstance are not required to be parked on a driveway and/or parking pad. b. Exception. A driveway and/or parking pad in a required front yard may exceed 20 feet in width if: 1. It serves a three-car garage; 2. The subject property is at least 60 feet in width; and 3. The garage is located no more than 40 feet from the front property line. In addition, a driveway may flare at the front property line to a maximum width of 30 feet. (2) Attached and stacked dwelling units in residential zones. The regulation of this subsection apply to driveways and parking areas for stacked and townhouse (attached) dwelling units in residential zones. a. Parking areas may not be located in required yards. b. Driveways must be set back at least five feet from each property line, except the portion of any driveway which crosses a required yard to connect with an adjacent street. (3) Other uses. Parking areas and driveways for uses other than those specified in subsections (l)(a) and (2) of this section may be located within required setback yards. (4) Shared parking. If parking serves two adjacent uses, the parking area may be anywhere in the required yard between those uses. (5) Zero lot line townhouse dwelling units and lots in small lot detached development. Parking areas and driveways for these uses may utilize shared parking and park in required yards as specified in FWCC 22-664, Zero lot line townhouse and townhouse (attached) dwelling units; FWCC 22-665, Small lot detached dwelling units; and FWCC 22-632, Zero lot line townhouse and townhouse (attached) dwelling units. (Ord. No. 90-43, S 2(115.115(5)),2-27-90; Ord. No. 07-554, S 5(Exh. A(9)), 5-15-07) Division 11. Commercial Vehicles, Recreational Vehicles, and Boats 22-1176 Parking and storage of commercial vehicles in residential zones limited. Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows: (1) A maximum of one commercial vehicle based on standard pick-up, light duty trucks, or passenger vehicles, that does not exceed a maximum of 10,000 pounds gross vehicle weight rating (GVWR as defined in RCW 46.25.010) may be parked on any residentially zoned lot; (2) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any lot in a single-family residential zone (RS 35.0) or a suburban estates zone (SE); (3) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours for the exclusive purpose of loading or unloading the vehicle; (4) Commercial vehicles may be parked on any lot in a residential zone for construction purposes pursuant to a valid development permit; (5) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length may be parked on any lot if used for private construction purposes and when it is not visible from a right- of-way or access easement and not parked in the driveway; (6) Additional exceptions as outlined in FWCC 22 1179 22-1178. Temporary Recreational Vehicle Occupancy Code Amendments Page 2 of3 Except for commercial vehicles used for loading and unloading purposes and commercial vehicles for construction purposes with a valid development permit, no more than one commercial vehicle is allowed per lot. (Ord. No. 04-457, S 3, 2-3-04) 22-1177 Parking and storage of recreational vehicles and boats in residential zones limited. Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22 feet in length is prohibited in residentially zoned lots except as allowed by FWCC 22 1179 22-1178 or 22-1180(a). (Ord. No. 04-457, S 3, 2-3-04) 22-1178 Exceptions. The city may, using process III, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, S 2(115.145(2)), 2-27-90; Ord. No. 00-375, S 25,2000; Ord. No. 04-457, S 3,2-3-04. Formerly 22-1177.) 22-1179 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, S 2(115.145(2)), 2-27-90; Ord. No. 04-457, S 3, 2-3-04. Formerly 22-1178.) 22-1180 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle, recreational vehicle, or boat parked in a residential zone for more than 14 days in any 180-day period, except as allowed by FWCC 22-1180(a). (a) Based on a written request. the director may permit a recreational vehicle of any size to be used as a temporary dwelling on a single-family residential lot where the primarv dwelling unit is unsafe to occupy bv reason of disaster or accident such as fire. wind. earthquake. or other similar circumstance. provided: (1) The recreational vehicle may be occupied for a maximum of 12 months from the date the primary dwelling was damaged. One 12-month extension may be granted bv the director based on demonstration of continuing hardship. (2) Occupancy of the recreational vehicle shall cease within 30 days of issuance of a certificate of occupancv for reconstruction of the primary dwelling unit at the property. (3) The recreational vehicle may be located within the required front yard setback but may not obstruct sight distance at driveways and intersections. The recreational vehicle may not be in required side or rear yards setbacks. (4) Generators shall not be utilized. (5) The director's approval is revocable if the requirements of this section are not met. (b) The director shall provide a copy of the approval letter to the applicant. property owner (if different from the applicant). and all adioining property owners. (Ord. No. 90-43, S 2(115.145(3)), 2-27-90; Ord. No. 04-457, S 3, 2-3-04. Formerly 22-1179.) 22-1181- 22-1195 Reserved. K:\2009 Code Amendments\Rv's in Residential Zones\SEPA\012709 Draft Language.doc Temporary Recreational Vehicle Occupancy Code Amendments Page3 of 3 ~ CITY OF ~ Federal Way STAFF REPORT TO THE PLANNING COMMISSION Public Hearing - February 18, 2009 Amendments to Federal Way City Code (FWCC) Chapter 22, Article XIII, "Supplementary District Regulations" Division 3, Development Activities and Heavy Equipment Operations (File No. 08-100621-00-UP/08-103601-00-SE) I. OVERVIEW The proposal is to amend the regulations in Federal Way City Code (FWCC) Section 22-1006 (Exhibit A). These regulations deal with the days and hours of the week during which development activity) and heavy equipmenr operation can take place. Currently, such activities are permitted outright during the daytime hours of Monday through Saturday. The Director of Community Development Services ("director") may grant revocable permission to work during the nighttime hours of Monday through Saturday and the daytime hours of Sundays and holidays. However, the director may not approve work prior to 9:00 a.m. or after 8:00 p.m. on Sundays or holidays. The proposed amendments would not change the hours of construction as currently permitted outright, but would give the director the right to grant exceptions for any hours outside those permitted outright. See Exhibit B for a comparison of the existing and proposed regulations. II. SUMMARY OF AMENDMENT As noted above, the proposed amendment (Exhibit A) will not change the hours of construction as currently permitted outright. However, it establishes a review process and decision criteria whereby the director may grant any exception to the hours not permitted outright. As proposed, the director would determine whether to grant an exception based on the applicant's written request and the decision criteria for granting exceptions. The applicant's request must describe the work schedule and potential impacts (such as traffic, noise, and glare); propose measures to address such impacts (should the exception be granted); and analyze how the request meets the decision criteria. The analyses should includ that the work will not result in adverse impacts to surrounding properties and the exception is necessary to avoid undue delay of project completion and/or long-term inconvenience or disruption to the public. If the director grants the exception, the applicant must notify owners and occupants within 300 feet of project boundaries and place notice board(s) on the project site. The notices shall include the approved construction 1 Development activity means any work, condition, or activity which requires a permit or approval under this chapter or the city building code (FWCC Sec. 22-1). 2 Heavy equipment means high capacity mechanical devices for moving earth or other materials, mobile power units, including but not limited to carryalls, graders, loading/unloading devices, cranes, drag lines, trench diggers, tractors over 80 hp, augers, caterpillars, concrete mixes and conveyors, harvesters, combines, or other major agricultural equipment, and similar devices operated by mechanical power as distinguished from manpower (FWCC Sec. 22-1). schedule, a summary of any mitigation measures as accepted by the director, and two 24-hour project contacts for the project duration. The notice requirement may be waived or modified by the director, based on project location, scope, scale, and/or other reasonable considerations. The amendment also includes criteria for revoking an exception, at any time, based on complaints that the construction activity does not meet the terms of the approved exception, or if the activity creates some unanticipated and verifiable adverse effect. In addition, the amendment includes criteria for the director to grant emergency exemptions, as this is not addressed in the current code. III. ANALYSIS OF AMENDMENT Development activity and heavy equipment operation are commonly associated with commercial construction, subdivision development, road improvements, and public utilities. As noted above, the code does not currently allow the director to approve such activities during weekend nighttime hours or before 9:00 a.m. on Sundays or holidays. This can unnecessarily prolong construction activities and construction-related disruptions to adjacent residential and commercial areas. The proposed amendment would allow the director to grant revocable approval to continue construction activities during any hours outside those permitted outright, including any nighttime hours. The ability for an applicant to work at night can shorten project time lines and reduce impacts to surrounding properties. For example, construction-related traffic congestion is typically reduced by working during nighttime/"off-peak" traffic hours. Any exceptions granted by the director, or modifications or revocations to approved exceptions, would be subject to specific decision criteria. Also, applicants are responsible to represent and manage their proposals, address the decision criteria, address any related impacts, notify the public, and address any complaints. The amendment will allow applicants to seek administrative exceptions to any construction work hours, while the public interest is served by ensuring such requests meet certain requirements and decision criteria to control any related impacts to surrounding properties. Staff also compared Federal Way's current regulations with six other cities (Exhibit C) and found that most of them allow administrative exceptions to construction hours based on criteria. Therefore, the amendment as proposed is generally consistent with the regulations of the cities sampled. IV. STAFF RECOMMENDATION Staff recommends that the code amendment attached as Exhibit A be recommended for approval to . the City Council. V. REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the zoning code text regarding any proposed amendments, Staff Report to the Planning Commission Construction Hours / Development Activities and Heavy Equipment Operations Page 2 File No. 08-1 00621-00-UP/Doc ID 46456 2. To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528. 3. To forward a recommendation to City Council regarding adoption ofthe proposed zoning code text amendment. VI. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. The proposed FWCC text amendment is consistent with the following Federal Way Comprehensive Plan (FWCP) goals: LUP-6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. PUG-l Work with private utility companies to allow them to provide full and timely service that meets the needs of the City's residents and businesses, both present and future. PUG-2 Work with private utility companies to allow them to provide service in a way that balances cost-effectiveness with environmental protection, aesthetic impact, public safety, and public health. TG-2 Provide a safe, efficient, convenient, andfinancially sustainable transportation system with sufficient capacity to move people, goods, and services at an acceptable level of service. The City shall develop and adopt policies for the construction, reconstruction, maintenance, and preservation of new and existing facilities. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWCC text amendment bears a relationship to the public health, safety, and welfare as it will shorten the overall time needed to complete construction projects; provide criteria for the director to revoke approved exceptions; minimize construction-related impacts to surrounding areas; and allow emergency exemptions for natural or manmade disasters. 3. The proposed amendment is in the best interest of the residents of the City. The proposed FWCC text amendment is in the best interest of the residents of the City as it will shorten overall construction times; provide additional hours of "off-peak" construction hours that will not adversely affect traffic patterns throughout the City; and minimize construction- related impacts to surrounding areas and residential neighborhoods. Staff Report to the Planning Commission Construction Hours / Development Activities and Heavy Equipment Operations Page 3 File No. 08-1 o o 62l-00-UP/Doc. I.D 46456 VII. PLANNING COMMISSION ACTION Consistent with the provisions ofFWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or 4. Forward the proposed FWCC text amendments to City Council without a recommendation. EXHIBITS Exhibit A Proposed Text Amendments to FWCC Chapter 22, Article XIII, Division 3, Section 22- 1006, "Development Activities and Heavy Equipment Operations" Exhibit B Construction Work Hours, Existing and Proposed Exhibit C Federal Way and Other Cities, Current Work Hour Regulations Report Prepared by: Lori Michaelson, Contract Senior Planner K:\2008 Code Amendments\Construction Hours\Planning Commission\021809 Public Hearing\Transmitted to Planning Commission\StaffRept to PC for 2-18-09 .DOC Staff Report to the Planning Commission Construction Hours / Development Activities and Heavy Equipment Operations Page 4 File No. 08-100621-00-UP/Doc.lD. 46456 EXHIBIT A Proposed Text Amendments Federal Way City Code, Chapter 22, "Zoning", Article XIII, "Supplementary," Division 3, "Development Activities and Heavy Equipment Operations" Section 22-1006. LimitatioRs. Re2ulation of work hours. (a) General. Work hours vermitted. Development activities and heavy equipment operations are permitted between the hours of7:00 a.m. and 8:00 p.m. Monday through Friday. and between 9:00 a.m. and 8:00 p.m. Saturday. and are not permitted on Sundays or holidays observed by the city. unless otherwise allowed under subsection (b) of this section. It is a '/iolation of this ehapter to engage in ImY developmeHt acti'/ity or to operate any heavy equipment between the hours of 8:00 pm. and 7:00 a.m. weekdays, and 8:00 p.m. Friday tm-ough 9:00 a.m. Saturday. No development acti'/ity or use of heavy equipment may occur after 8:00 p.m. Saturday, or at any time on Sundays or holidays observed by the city. (b) Exception~. The director of community development may grant revocable, written permission to engage in a development activity or to operate heavy equipment other than permitted in subsection (a) of this section. in accordance with the following: between the hours of 8:00 p.m. afld 7:00 a.m. on Monday tm-ough Friday and 8:00 p.m. Friday tm-ough 9:00 a.m. Saturday, or from 9:00 a.m. to 8:00 p.m. on Sundays or holidays observed by the city if this will not interf-ere '.vith afl-Y residential use permitted in the zone in v:hich it is located. (Ord. No. 90-43, ~ 2(115.25), 2-27-90; Ord. No. 99-341, ~ 3, 5-4-99) (1) Any exception must be requested bv advance written request to the director. including a description of the specific exceptiones) requested; proposed mitigation measures for any related impacts such as traffic. noise. and glare. should the exception be granted; proposed measures to mitigate impacts; and an analysis of how the request meets the following criteria: a. The work will not result in adverse iml'acts to surrounding properties. b. The exception is necessary to avoid undue delay of project completion and/or long-term inconvenience or disruption to the l'ublic. (c) Notice. Unless waived. modified. or exempted by the director under subsections (d) or (e). applicants granted an exception under subsection (b) shall mail a written notice. at least seven calendar days in advance of the approved work. to owners and occupants ofpropertv located within 300 feet of project boundaries. and post one or more notice boards on the proiect site. as determined by the director. Such notice shall include the approved construction hours. general description of construction activities. summary of mitigation measures accepted by the director. and two 24-hour project contacts for the duration of the proiect. (d) Waiver of notice. The director may waive or modify the requirements of subsection (c). based on project location. scope. scale. and/or other reasonable considerations. (e) Emergencv exemption. Proiects deemed by the director to be necessary to ensure the immediate safety. health. or welfare of the community. or individuals of the community. or to restore property to a safe condition following a natural or manmade disaster or other emergency. are exempt from the provisions of this section. (f) Revocations. The director may revoke or modify any exception approved under this section if the department receives complaints that the development activity or heavy equipment operation does not meet the terms of the approved excel'tion. or if the activity creates some unanticipated and verifiable adverse effect. K:\2008 Code Amendments\Construction Hours\Planning Commission\021809 Public Hearing\Transmitted to Planning Commission\Ex A proposed code.doc Page 1 of 1 EXHIBIT B Construction Work Hours Existing & Proposed *These existing limits would not apply under the proposed code. K:\2008 Code Amendments\Conslruction Hours\Planning Commission\021809 Public Hearing\Transmitted to Planning Commission\Ex B Existing-Proposed Regs.doc Page 1 of 1 EXHIBIT C Federal Way and Other Cities Current Work Hour Regulations City Work Hours Permitted Outright Exceptions; Criteria for Granting Federal Way M-Friday: 7 am to 8 pm Exceptions allowed for nighttimes Monday Sat: 9 am to 8 pm through Friday and for daytimes (but not No Sundays or holidays nighttimes) Sunday & holidays, ifthe use will not interfere with any residential use permitted in the zone in which it is located. Renton For SFR remodels in/within 300 ft of res: Exceptions allowed by advance written M-F: 7 am to lOpm permission. No stated code criteria. Sat-Sun: 9 am to 10 pm Emergencies exempt. For new SFR & non-residential: M-F 7 am to 8 pm Sat: 9 am to 8 pm No Sundays Auburn For residential: Exceptions granted for project remoteness, M-Fri: 7 am to 7 pm; Sat-Sun: 9 am to 6 pm undue hardship, unforeseen circumstances, For non-residential: and no reasonable alternatives. Public M-Sat: 7 am to 10 pm agency projects in the public right-of-way Sun: 9 am to 10 pm may be exempted. Kent 7 days a week: 7 am to 10 pm Exemptions granted if the work is necessary in the interest of law enforcement or for the health, safety, or welfare of the community. Des Moines M-F: 7 am to lO pm No code criteria for granting exceptions. Sat-Sun-holidays: 8 am to 5 pm According to staff, in practice the RO. makes exceptions on a case-by-case basis. Burien M-F: 7 am to 10 pm Exemptions granted for Public Works Sat-Sun: 9 am to 10 pm projects if it is determined that it will not endanger the health and safety of a substantial number of persons. Kirkland M-F: 7 am to 8 pm Exceptions may be granted if no impact to Sat: 9 am to 6 pm residential use or to facilitate construction No Sundays or holidays of publicly funded projects. K:\2008 Code Amendments\Construction Hours\Planning Commission\021809 Public Hearing\Transmitted to Planning Commission\Ex C FW- other regs.doc Page 1 of 1 EXHIBIT A (Revised 2-18-09) Proposed Text Amendments Federal Way City Code, Chapter 22, "Zoning", Article XIII, "Supplementary," Division 3, "Development Activities and Heavy Equipment Operations" Section 22-1006. Limitaticms. Re2ulation of work hours. (a) Genoml. Work hours permitted. Development activities and heavy equipment operations are permitted between the hours of7:00 a.m. and 8:00 p.m. Monday through Friday. and between 9:00 a.m. and 8:00 p.m. Saturday. and are not permitted on Sundays or holidays observed by the city. unless otherwise allowed under subsection (b) of this section. It is a yiolation of this chapter to engage in any de'/elopment activity or to operate any hea'/Y equipment between the hours of 8:00 pm. and 7:00 a.m. weekdays, and 8:00 p.m. Friday through 9:00 a.m. Saturday. No development actiyity or use ofheayy equipment may occur after 8:00 p.m. Saturday, or at any time on Sundays or holidays observed by the city. (b) Exception~. The director of community development may grant revocable, written permission to engage in a development activity or to operate heavy equipment other than permitted in subsection (a) oftms section. in accordance with the following: bet\veen the hours of 8:00 p.m. and 7:00 a.m. on Monday through Friday and 8:00 p.m. Friday tmough 9:00 a.m. Saturday, or from 9:00 a.m. to 8:00 p.m. on Sundays or holidays observed by the city if this will not interfere with any residential use permitted in the zone in which it is located. (Ord. No. 90-43, S 2(115.25), 2-27-90; Ord. No. 99-341, S 3, 5-4- 99) (1) Any exception must be requested by advance written request to the director. including a description of the specific exceptiones) requested: proposed temnorarv construction mitigation measures for any related impacts such as traffic. noise, and glare. should the eI!Uleptiu he e:raRt@d~ proposed m@asures to mmeate impaClts: and an analysis of how the request meets the following criteria: a. The work will not result in nermanent adverse impacts to surrounding properties. b. The exception is necessary to avoid undue delay ofproiect completion and/or long-term inconvenience or disruption to the public. (c ) Notice. Unless waived. modified. or exempted by the director under subsections (d) or (e). applicants granted an exception under subsection (b) shall mail written notice, at least seven (7) calendar days in advance of the approved work. to owners and occupants of property located within 300 feet ofproiect boundaries: and post one or more notice boards on the proiect site. as determined by the director. Such notice shall include the approved construction hours. general description of construction activities, summary of mitigation measures accepted by the director, and two 24-hour proiect contacts for the duration of the proiect. (d) Waiver of notice. The director may waive or modify the requirements of subsection (c), based on proiect location, scope, scale, or alternative comnarable notification methods and/or other reasonable considerations. (e) Emergencv exemption. Proiects deemed by the director to be necessary to ensure the immediate safety, health, or welfare of the community, or individuals ofthe community, or to restore property to a safe condition following a natural or manmade disaster or other emergency, are exempt from the provisions of this section. (f) Revocations. The director may revoke or modify any exception approved under this section if thll dllpartmllBt nllllh'lls based on verified complaints that the development activity or heavy equipment operation does not meet the terms of the approved exception, or if the activity creates some unanticipated and verifiable adverse effect. ~ fli Washington State Department of Transportation Pallia Hammond PE Secretary of Transportation Northwest Region February 17, 2009 Mr. Greg Fewins Director Community Development Services City of Federal Way 33530 - 1 St Way South Federal Way, WA 98003-6221 Re: Federal Way City Code Amendement Dear Mr. Fewins: The purpose of this letter is to provide support to the proposed amendment to the Federal Way City Code, Chapter 22, "Zoning", Article XIII, and "Supplementary," Division 3, "Development Activities and Heavy Equipment Operations" Chapter. We would like to commend the City staff for updating the City code work -hour regulations. The proposed amendments are in-line with national trends for addressing temporary construction noise and outline the most updated mitigation measures. WSDOT has worked with the City on several highway projects where daytime closures are not possible because of delays to local and freeway traffic and the safety of workers and the traveling public; furthermore completing the project during weekday nights has become a challenge specially on ramps paving where weekend closures are the best practice to complete the job. WSDOT remains committed to using the best available mitigation measures and public outreach to inform citizens of our. The proposed amendment allows WSDOT and the City of Federal Way to efficiently schedule lane closures and reliably create construction schedules, while continuing to address the particular challenges that each highway project presents. We have circulated the proposed amendment language internally with our project managers and the Highway Division of the Attorney General's office and provided the following comments and suggested language for consideration. Our proposed changes have been added in bold and italics: I. (b) Exceptions..... (1 ) Any exception must be requested by advance written request to the director. including a description of the specific exceptiones) requested; proposed temporary construction mitigation measures for any related impacts such as traffic, noise, and glare, should the exception be granted; proposed measures to mitigate impacts; and an analysis of how the request meets the following criteria: a. The work will not result in adverse permanent impacts to surrounding \Jroperties and will not meet the criteria set on the WAC 173-60 Maximum environmental noise levels. b. The exception is necessary to avoid undue delay of project completion and/or long-term inconvenience or disruption to the \Jublic. We suggest replacing the term 'adverse impacts' with 'temporary impacts' because there is no set definition for adverse impacts in this code. We also suggest defaulting to the WAC, which is the umbrella law that all the city codes may default to as the most stringent code applicable within the State of Washington. Finally, we propose the deletion of the "proposed measures to mitigate impacts" text. II. (c) Notice. Unless waived. modified. or exempted by the director under subsections (d) or (e). applicants granted an exception under subsection (b) shall mail a written notice. at least seven calendar days in advance of the approved work. to owners and occupants of Residential property located within 300 feet of project nighttime work zone. and post one or more notice boards on the project site. as determined by the director. Such notice shall include the approved construction hours. general description of construction activities. summary of mitigation measures accepted by the director. and two 24-hour project contacts for the duration of the project. (d) Waiver of notice. The director may waive or modify the requirements of subsection (c). based on project location. scope. scale. and/or other cost effective tools. reasonable considerations. We request limiting the notification to only residential properties as the amendment should not impact commercial, industrial, or any other type of property owners. Residential notifications are outlined in WAC 173-60. We request narrowing the communication tools used to reach residents, especially in larger projects where large numbers of residents may be within the mailing area. Under these circumstances, a mass email or press outreach may be more effective in reaching potentially effected residents. Finally, WSDOT requests that the mailing/notification area definition be specified to include only the areas within 300-feet of where nighttime work will take place. With larger projects, night work may only occur in a particular area. However, as written, the proposed amendment would require that notifications be sent to all residents within 300' ofthe project boundaries, regardless if night work would occur or not.. ill.(O Revocations. The director may revoke or modify any exception approved under this section if the department receives two (2) valid com\Jlaints that the development activity or heavy equipment operation does not meet the terms of the approved exception or default to WAC 173-60 or if the aotiyitv creates a some unanticipated and verifiable adverse eff-ect For section ill (f), WSDOT suggests the amendment be changed to more clearly define the number of complaints and require verification that the cornplaints stem from non-compliance 2 with the approved exception. WSDOT supports reverting to the appeal process as set forth in WAC 173-60. Thank you for the opportunity to comment. We look forward to working with the City of Federal Way on future projects and if you have any questions please do not hesitate to contact me at (206)440-4554. Sincerely, Sincerely, "-1... JJM.. .. .... I /. ., Maria Laura Musso Escude Acoustics, Air Quality, and Energy Specialist cc: Jim Laughlin MS 138 Susan Everett PE MS 54 Deborah Cade Assistant Attorney General AGW office Olympia DAY FILE 3 ~ CITY OF .,. 7 Federal Way STAFF REPORT TO THE PLANNING COMMISSION DATE: To: FROM: February 11,2009 Merle Pfeifer, Chair Planning Commission Greg Fewins, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner SUBJECT: 2009 Planning Commission and Long Range Planning Work Program MEETING DATE: February 18, 2009 A. BACKGROUND At the beginning of each calendar year, the Planning Commission's Work Program for that year is approved by the City Council. The purpose of this memorandum is to update the Planning Commission as to the status of the 2008 Work Program and to get input from the Planning Commission on potential new work items for 2009. The Planning Commission's input, as well as information in this memorandum, will be used to assist the Land Use/Transportation Committee (LUTC) and City Council in approving a work program for 2009. This memorandum includes the following information: . Section B - Table I, Status of the 2008 Planning Commission Work Program. . Section C - The 2009 Comprehensive Plan Amendments consisting of seven citizen-initiated comprehensive plan amendment requests that were received in September 2008 and addressing a two-year work program to update the comprehensive plan. This update must be completed by December 1, 2011. · Section D - List of Potential New Code Amendments (not prioritized). . Section E - This is a list of other Long Range Planning Responsibilities that are not part of the Planning Commission Work Program but are required to be done by Long Range Planning Staff. B. STATUS OF THE 2008 PLANNING COMMISSION WORK PROGRAM TABLE I Description Status Portable Signs in the R-O-W - Amended the zoning code to Completed allow portable signs in the public right-of-way. Cargo Containers - Adopted procedures and regulations Completed related to cargo containers. Commute Trip Reduction (CTR) Plan - Adopted a new CTR Completed plan consistent with new rules and guidelines developed by the state. Code Re-organization - Reorganize the Federal Way City Completed Code (FWCC) to make them more user friendly Expand Zones where Churches are Allowed; Delete Maximum City Council 1st Reading - February 17, 2009 Far;ade Length Requirement in Commercial Zones - Amend the zoning code to allow churches in all zones in response to the evolving nature of churches and modify the community design guideline standards related to maximum fa9ade length to ensure good design related to increased building heights. Home Occupations, Adult Family Homes, Social Service City Council 1 sl Reading - February 17,2009 Transitional Housing, Group Homes, Day Cares, and Accessory Use - Amend the zoning code for both consistency with state law and internal consistency of the code. Hours of Operation - Amend the zoning code to expand the Planning Commission Public Hearing - February 18, allowable hours of operation based on specific criteria. 2009 Emergency Recreational Vehicle Parking - Amend the zoning Planning Commission Public Hearing - February 18, code to allow recreational vehicles (RVs) as a temporary 2009 dwelling on a residential lot where the primary dwelling unit is unsafe to occupy by reason of disaster or accident such as fire, wind, earthquake, or other similar circumstance. Significant Trees, Vegetation Retention, Clearing, and Grading LUTC - February 23,2009 - Proposed amendments to the zoning and subdivision codes related to the preservation of significant trees, vegetation retention, and site grading. 2008 Comprehensive Plan Amendments - Includes three site- Issue State Environmental Policy Act (SEPA) specific requests (Federal Way Village, Nguyen, and Granville) determination -- February 28,2009 to amend the comprehensive plan and zoning map and housekeeping amendments to various chapters of the comprehensive plan. Open Space and Park Dedication Amendments Related to Study Sessions held with Planning Commission and Parks Impact Fee - Amend the zoning code related to open Parks Commission on January 7 and January 8, 2009, space set-aside concurrently with adoption of a Parks Impact respectively. Committee of the Whole Meeting is Fee. scheduled for March 3, 2009. Traffic Impact Fee (TIF) - This would replace concurrency Planning Commission Public Hearing - March 18, mitigation with a new Transportation Impact Fee Program. 2009 Low Impact Development - Amend the zoning and subdivision The City has received and is in the process of reviewing codes to incorporate Low Impact Development (LID) a draft LID plan prepared by AHBL Consulting. techniques. Planning Commission Staff Report 2009 Planning Commission and Long Range Planning Work Program Meeting Date: February 18, 2009 Page 2 Description Status 2005-2007 Shoreline Master Program Update - Proposed Staff prepared a Master Program Update and recently amendments to the Shoreline Master Program for consistency received comments from the Department of Ecology with state law. (DOE). We are in the process of evaluating these comments. Shoreline Stringline Setback - Amend FWCC Chapter 18, This is being addressed as part of the Shoreline Master Article III, to add flexibility in measuring the shoreline Program update. stringline setback. Increase the Maximum Allowable Height in Commercial Zones Planning Commission Study Session - April 2008 - Amend commercial use zone charts to reflect trends in the market place related to a desire for increased building heights. Allow Off-Site Signs, Portable Signs, Banners, & Kiosks - Not Started - Note, this includes the second phase for Adopt regulations to allow off-site signs in order to better portable signs. publicize major events in our city, such as the Federal Way Symphony concerts; Festival Days events; Red, White, and Blue Festival; Centerstage plays; Han Woo Ri; etc. Also, revisit regulations for portable signs. C. COMPREHENSIVE PLAN AMENDMENTS . 2009 Update - The City received seven site-specific requests to amend the comprehensive plan and zoning maps in September 2008. Five out of the seven requests are located within the SW 356th Sub-Area.) . 2011 Update - The deadline for the next major update to the comprehensive plan is December 1, 2011. However, due to the scope of the update and the potential requirement to increase capacity to accommodate new targets, work on the major update will commence this year. Staffwill provide the Planning Commission with a tentative time line once work has started on the update. D. POTENTIAL NEW CODE AMENDMENTS The following lists potential new amendments for the 2009 Planning Commission Work Program (not prioritized). . Delete the maximum allowable density for senior housing in the BC zone . Amend FWCC Chapter 18, "Environmental Protection," to address carbon emissions . Revise the community design guidelines . Amend the maximum lot coverage for single-family development . Clarify how the size of an accessory dwelling unit (ADU) is calculated . Amend FWCC Chapter 20, "Subdivisions," to simplify the submittal requirements for plats . Amend FWCC Chapter 22, "Zoning," to require design standards and development requirements for essential public facilities . Amend FWCC Chapter 22, Article IV, "Nonconformance," and Article XVI, "Improvements," pertaining to who is authorized to conduct an appraisal of property . Amend FWCC Chapter 22, Article Xli, Division 1 related to revising the process for permitting cell towers and wireless facilities and their development standards 1 There were no citizen-initiated amendments to the zoning code. Planning Commission StafTReport 2009 Planning Commission and Long Range Planning Work Program Meeting Date: February 18, 2009 Page 3 · Amend expiration time limits for approved short plats, preliminary plats, and building permits . Adopt a Crime Free Housing Initiative whereby the City can designate a property a nuisance after repeat police visits to nuisance properties . Prepare a sub-area plan for the 2720d Transit Oriented Development (TaD) Area · Develop sub-area plans and corresponding development standards for the BN zone · Increase the SEP A flexible thresholds for gross floor area and parking · Consider incentives for Sustainable Development Projects such as: o Reduced parking requirements o Flexible road standards o Increased heights and floor area ratios o Increased density o Reduced building setbacks · Explore options related to moving the point of collection of all city-administered impact fees to a date closer to the end of the development and building process E. OTHER LONG RANGE PLANNING RESPONSIBILITIES The following describes reporting or monitoring work required by the State, County or other agencies. This is not part of the Planning Commission Work Program: · Prepare an annual report on building permit and other housing-related data to the Washington Office of Financial Management, which is used to determine the population of the City as of April 1 sl of each year. · Prepare an annual report on the number of building permits broken out by type and achieved densities of all residential development and floor area ratios of non-residential development to King County to be used for the King County Benchmark and Annual Growth Information Reports, the Buildable Lands Report, and annual reports prepared by the Puget Sound Regional Council (PSRC). · Provide information on an annual basis to King County on affordable housing, acres of parkland, Urban Center activity, and miles of streets to be used as benchmarks in measuring how the City is meeting the requirements of the Growth Management Act (GMA). This information is also included in the King County Benchmark and Annual Growth Information Report. · Provide reports on Capacity Analysis and Reasonable Measures being undertaken to meet planning targets to Buildable Lands and Land Use Manager, King County Suburban Cities. · Provide information on an annual basis on subdivision activity to King County. · Respond to surveys from University of Washington, PSRC, and other institutions. . Work on a City interdepartmental team to coordinate population projections and land use allocations for the City and its related Transportation and Analysis Zones (TAZ's). · Participate in the King County Buildable Lands Team to allocate household targets. F. NEXT STEPS Staff will add the Planning Commission's proposed code amendments to the list of potential code amendments and provide a prioritized list to the LUTC, which may further refine the list before Council consideration. K:\2009 Code Amendments\PC & Long Range Work Program\021809 PC Staff Report.doc Planning Commission Staff Report 2009 Planning Commission and Long Range Planning Work Program Meeting Date: February 18,2009 Page 4