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Planning Comm PKT 06-15-2011City of Federal Way PLANNING COMMISSION June 15, 2011 7:00 p.m. City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES May 18, 2011 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS • PUBLIC HEARING Proposed Amendments Related to Restaurants, Accessory Uses, and Convention Centers in the Office Park (OP) Zone 7. ADDITIONAL BUSINESS 8. ADJOURN Commissioners City Staff Merle Pfeifer, Chair Hope Elder, Vice-Chair Patrick Doherty, Director of Community & Economic Development Lawson Bronson Wayne Carlson Margaret Clark, Principa[ Planner Tom Medhurst Sarady Long E. Tina Piety, Administrative Assistant Tim O'Neil 253-835-260] www citvo{1'ederahvay.com K:�Planning Commission�20llWgenda 06-15-1 l.doc CITY OF FEDERAL WAY PLANNING COMMISSION May 18, 2011 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Wayne Carlson, Tom Medhurst, Lawson Bronson, Tim O'Neil, and Sarady Long. Commissioners absent: None. Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Clark, Senior Planner Janet Shull, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Piety. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of Apri120, 201 l, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Mr. Conlen announced the next Planning Commission meeting will be June 15`�', which will be a public hearing on a citizen requested changes to the Office Park (OP) zone. COMMISSION BUSINESS PUBL�C HEARING — Proposed Amendments Related to Allowing Animal Kennels and Animal Care Facilities in the Neighborhood Business (Bl� Zone Ms. Clark delivered the staff report. This is a request from a citizen (Jon Moore) to allow animal kennels, dog day care, and pet training in the Neighborhood Business (BN) zone. The proposed amendments include regulations that are intended to mitigate any adverse impacts associated with outdoor uses for animals and noise. The proposed amendments also include a definition for animal kennel. Commissioner O'Neil asked staff to explain how the noise regulations work. Ms. Clark responded the regulations are set by the state and it is her understanding they are based on measuring from where the noise originated to where it ends. A chart is used showing acceptable dBa (decimal levels) for certain zones. The length of time the noise continues is also taken into account. At night, the dBa limitation is reduced by 10. Commissioner Bronson was able to add to the explanation. The meter measures at the receiving end of the noise. Noise is dissipated by the square root of the distance. If you are ten feet away it is one number, if you are 20 feet away it is one-fourth of that. This is done on a log scale. Dropping dBa by 10, halves the sound level. Commissioner Carlson asked if the noise regulations would pertain only to outdoor dog runs. He is concerned that some businesses that only have animals inside will still be too noisy. Commissioner Medhurst expressed concern about night time noise. Do other jurisdictions have time limits for outside runs? Commissioner O'Neil expressed concern over the number of animals. What about the noise if they have 50 to 60 animals? Ms. Clark responded that other jurisdictions do not have time limits. She went on to state that all businesses must comply with the city noise ordinance, which uses the same language as K:�Planning Commission�2011Vvfeeting Summary OS-18-1 l.doc Planning Commission Minutes Page 2 May 18, 2011 the state's noise regulations. There are some dog kennels in other zones of the city and the city has not received any noise complaints about them. Jon Moore — He is the owner of a grooming facility. He stated that dog day-care and dog kennel are two different things. Some dog day-cares will have an outdoor component. Generally, the animals are brought in at night. The business and animal owners do not want the animals left in an uncontrolled situation. If animals are left out at night, the night-time staff will calm the animals if they act-up and make a lot of noise. His business (and none of the others he is in contact with) has not received any noise complaints. He suggested the proposed amendments separate out breeding kennels. A breeding kennel may have up to 50 dogs and many unneutered males. They are very noisy and are not suited for the BN zone. Commissioner Bronson agreed that the breeding language should be removed from the amendments. Chair Pfeiffer noted that the city has not received any complaints about veterinary offices and they have many animals. Commissioner Carlson moved (and it was secondec� to adopt the proposed amendments with a change to the BN zone notes that breeding kennels are prohibited. The motion passed unanimously. The public hearing was closed S'rUnY SESS�ON — Bicycle and Pedestrian Master Plan Ms. Shull delivered the staff presentation. The citywide Bicycle and Pedestrian Master Plan is a component of the Cities Putting Prevention to Work (CPPW) grant. The overall goals are to: • Make it easier far citizens to choose active transportation; • Replace the existing non section of the comprehensive plan; • Improve overall connectivity of neighborhoods with commercial centers and recreation areas; • Improve connectivity of Federal Way with the regional bike and trail system; and • Address areas where fewer citizens have access to cars and have fewer dollars to spend on transportation and higher rates of health issues. As stated above, the plan will replace the current non-motorized section of the Federal Way Comprehensive Plan transportation chapter. This section was last updated in 1994. An advisory committee was formed to help guide development of the plan. So far they have met three times. Their next meeting is May 23, 2011. The Commissioners are invited to attend. Staff is also gathering citizen input from an on-line survey and open-house meetings to be held in June. The city does have a number of biking routes, but they are disconnected. To date, the ciTy has received approximately 50 responses to the on-line survey. The results show that those walking and biking mainly do so for exercise. Walkers and bikers are discouraged by traffic volume/noise and safety concerns, with bikers also discouraged by the lack of bike routes and facilities. Emerging themes include: improved overall network for biking and walking; integration with the regional system; supporting an active community; improved safety; and education. ADDITIONAL BUSINESS None ADJOURN The meeting was adjourned at 7:55 p.m. K:�Planning Commission�20114�feeting Summary OS-IS-1l.doc ` � CITY OF � Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way Revised Code Related to Restaurants, Accessory Uses, and Convention Centers in the Office Park (OP) Zone File No's:10-104120-00-UP & 11-102056-00-SE Public Hearing of June 15, 2011 I. REASON FOR AMENDMENTS The Federal Way Revised Code (FWRC) requires the City to accept applications for code amendments on an annual basis. In September 2010, the City received a request from Roger Hazzard to amend FWRC 19.235.010 to increase the percentage of gross floor that can be used for accessory warehouse use from no more than 20 percent to no more than 50 percent. This request was presented to the Land Use/Transportation Committee (LUTC) and City Council on March 7, 2011, and April 5, ZOl 1 respectively, and was selected to be part of the 2011 Planning Commission Work Program. Staff is also proposing changes to FWRC 19.235.030 that addresses accessory warehouse uses to make the language consistent with FWRC 19.235.010. In addition, staff is proposing other amendments related to the seating capacity of restaurants (FWRC 19.235.020) and to allow convention centers as a stand alone use as opposed to an accessory use (FWRC 19.235.030). II. BACKGROUND AND ANALYSIS A. Accessory Uses (i) Existing code language related to accessory warehouse uses. The FWRC allows accessory warehouses in the Office Park (OP) zone (Exhibit A, FWRC 19235.010 Office/retail, and Exhibit B, FWRC 19.235.030 Limited Commercial), based on the following language: FWRC 19.235.010 — Existing code language states that Office Use may include accessory uses such as warehouse, retail sales, or service facilities, and assembly of prepared materials; which facilities and assembly areas utilize no more than 20 percent of the gross floor area (Exhibit A). FWRC 19.235.030 — Existing code language allows warehouse use only as an accessory use to the primary use on the subject property if it occupies no more than 50 percent of the combined gross floor area of all uses (Exhibit B). (ii) FWRC definition of accessory use. FWRC 19.05.010 defines an accessory use as a use which is subordinate and incidental in size, scale, design, or purpose to the principal use or structure on the subject property, and supports the principal use or structure without displacing or dominating it. FWRC 19.265.010 further expands on this definition stating that an accessory use is a permitted use which is clearly secondary to the permitted principal use, building, or structure, and that both the total gross floor area and footprint of the accessory use must be less than the total gross floor area and footprint of the principal use on the subject property, respectively. In addition, the director of economic and community development is authorized to determine if a particular accessory use, building, or structure is normally associated with, clearly secondary to, and actually accessory to the particular permitted principal use, building, or structure. (iii)Rcztionale for proposed change. As of June 2010, the City of Federal Way had approximately 790,000 square feet of vacant office space (E�chibit C) out of a total of approximately three million square feet.' At 26 percent office vacancy, Federal Way has one of the highest office vacancy rates in the region. Mr. Hazzard, a long-time commercial real estate broker, who submitted the request for a zoning code amendment to increase the percentage of accessory warehouse in the OP zone states that he has received requests from smaller companies wishing to locate in Federal Way. These companies would like to combine their office and warehouse needs; however, they are having difficulty finding buildings to suit their need because existing inventory of buildings within the Commercial Enterprise (CE) zone which allows warehouses as an outright permitted use are too large to accommodate their need (Exhibit D). Calling out specific accessory uses appears to be too strict because an accessory use may change over time. For example, today a child care facility may be considered an accessory use to an office or industrial building, where this may not have been the case in the past. In addition, the existing FWRC definition of "accessory use" adequately addresses the intent. Furthermare, a recent trend in regulating land use has been a departure from the conventional zoning focus of segregating land uses towards using physical form as the organizing principle. This means that a use would be allowed in a particular zoning district if does not detract from the character of the zone and does not have any adverse impacts on adjacent uses. As a result, staff recommends allowing accessory uses based on the following conditions (proposed new language shown as underlined) Please refer to Exhibits E and F for the full text of the proposed code amendments): • The placement orientation desi�n and other site desi�n and architectural features of the proposed building and site plan demonstrate that this use will not detract from the principal character of the subject propert�as an office park. 1 Source: officespace.com Staff Report to the Planning Commission Page 2 of 7 Restaurants, Accessory Uses, and Convention Centers in the OP Zone File #10-104120-00-UP • The exterior appearance of that portion of the building housing the accessorv uses will be comparable to the exterior a�pearance of other buildings on the subject propertY • The subject property must be designed so that any truck parking, loading and maneuvering areas; areas where noise generating outdoor uses and activities may occur, and vents and similar features are located as far as possible from any residential zone. • May not conduct any activity or use on the subject property that involves the release of toxic or noxious gases, fumes or odors. B. Seating Capacity of Restaurants (i) Existing code language related to restaurants. Existing code language in FWRC 19.235.020 allows restaurants as an outright permitted use, but limits seating capacity to no more than 50 persons (Exhibit G). (ii) Research from other cities. As part of the background research, staff reviewed ardinances from the cities of Kent, Auburn, Tukwila, Burien, Des Moines, Sea-Tac, Spokane Valley, and Renton to determine if restaurants were allowed in similarly zoned OP zones (Exhibit H). Restaurants were permitted outright in Auburn, Tukwila, Des Moines, and Spokane Valley. Restaurants were permitted as an accessory use in Kent, Burien, Sea-Tac, and Renton. None of the cities limited seating capacity either for stand-alone or accessory uses. (iii) Rationale for proposed change. Staff recommends removing the 50 seating capacity limit (Exhibit I), as this appears to be an arbitrary number. C. Convention Centers (i) Existing code language related to convention center. Existing code language in FWRC 19.235.030 allows convention, conference, and trade centers associated with another permitted use in the OP zone zone if the convention use portion occupies no more than 50 percent of the combined gross floor area of the development on the subject property (Exhibit B). (ii) Research from other cities. As part of the background research, staff reviewed ordinances from the cities of Kent, Auburn, Tukwila, Burien, Des Moines, Sea-Tac, Spokane Valley, and Renton to determine if convention centers were allowed as a stand-alone use in similarly zoned OP zones (Exhibit J). Convention centers were permitted outright in Burien, Des Moines, Staff Report to the Planning Commission Page 3 of 7 Restaurants, Accessory Uses, and Convention Centers in the OP Zone File #10-104120-00-UP Sea-Tac, and Renton and not permitted in Kent, Auburn, Tukwila, and Spokane Valley. Where permitted, the use was permitted outright and not as an accessory use. (iii)Rationale for proposed change. A list of outright permitted uses are shown on Exhibit K. It seems unlikely that a convention center would be associated with any use in the OP zone, except the office use. Staff, therefore, recommends allowing convention centers as an outright permitted use and not accessory to another principal use allowed in the OP zone (Exhibit F). III. PROCEDURAL SUMMARY 5/28/11 Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 6/13/11 End of SEPA Comment Period 6/27/11 End of SEPA Appeal Period 6/15/11 Public Hearing before the Planning Commission IV. PUBLIC COMMENTS No comments were received as of the date of this report. V. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Process VI Council Rezones," 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 amendments meets the criteria provided by FWRC 19.80.130. 3. To forward a recommendation to the City Council regarding adoption of the proposed zoning code text amendments. VI. DECISIONAL CRITERIA FWRC 19.80.130 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWRC 19.80.130. The City may amend the text of the FWRC only if it finds that: Staff Report to the Planning Commission Page 4 of 7 Restaurants, Accessory Uses, and Convention Centers in the OP Zone File #10-104120-00-UP 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) policies and goals: LUP3 Use design and performance standards to create attractive and desirable commercial and office developments. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. LUP35 Allow a broad range of commercial, retail, office, industrial, and supportive uses to meet the needs of workers and consumers, in well integrated, well functioning, high quality developments. EDG6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. EDP10 The City will work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the community. EDP18 The City will periodically monitor local and regional trends to be able to adjust plans, policies, and programs. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWRC text amendments are not directly related to the public health, safety, or welfare. However, allowing more flexibility for the establishtnent of accessory uses in this zone would encourage businesses that may have a need to combine uses that complement or depend on each other. In addition, not specifying a maximum seating capacity for restaurants would remove an arbitrary limitation on seating capacity and leave the decision on the size of individual restaurants up to the needs of the surrounding commercial development. Convention centers are compatible with office uses, and may be more likely to be constructed as a stand- alone facility to serve surrounding uses rather than as an accessory use. 3. The proposed amendment is in the best interest of the residents of the city. Approval of the proposed code amendments would benefit the City as a whole by providing flexibility for the establishment of accessory uses, restaurants, and convention centers in the OP zone; thus, reducing the vacancy rate for offices and encouraging economic development. Staff Report to the Planning Commission Page 5 of 7 Restaurants, Accessory Uses, and Convention Centers in the OP Zone File #10-104120-00-UP VII. STAFF RECOMMENDATION Based on the above staff analysis and decisional criteria, staff recommends that the proposed amendments shown in Exhibits E, F, and I, and summarized as follows, be recommended for approval by the Planning Commission: l. Amendments to FWRC 19.235.010 to allow any accessory use subject to certain site design and architectural features (Exhibit E). 2. Amendments to FWRC 19.235.030 to allow any accessory use subject to certain site design and architectural features (Exhibit F). 3. Amendments to FWRC 19.235.020 to remove seating limitations for restaurants (E�ibit I). 4. Amendments to FWRC 19.235.030 to allow convention centers as a stand alone use (Exhibit F). VIII. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend adoption of the FWRC text amendments as recommended by staff; 2. Modify the staff recommended FWRC text amendments and recommend to the City Council adoption of the FWRC text amendments as modified; 3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to the City Council without a recommendation. Staff Report to the Planning Commission Page 6 of 7 Restaurants, Accessory Uses, and Convention Centers in the OP Zone File #10-104120-00-UP E�isiTs ExhibitA Use Zone Chart FWRC 19.235.010, Office/retail Exhibit B Use Zone Chart FWRC 19.235.030, Limited commercial Exhibit C Maps of 2011 Vacant Office Space in OP Zoned Areas Exhibit D Applicant's Explanation of Need for Code Amendment Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Amendments to Use Zone Chart FWRC 19.235.010, Office/retail Amendments to Use Zone Chart FWRC 19.235.030, Limited commercial Use Zone Chart FWRC 19.235.020, Entertainment — Commercial recreation Restaurants Comparison Matrix Amendments to Use Zone Chart FWRC 19.235.020, Entertainment — Commercial recreation Convention Centers Comparison Matrix Outright Permitted Uses in the OP Zone K:�2011 Code AmendmentsWccessory Warehouse in OP Zone�Planning Commission\061511 Packet\Staf2' Report to the Planning Commission.doc Staff Report to the Planning Commission Page 7 of 7 Restaurants, Accessory Uses, and Convention Centers in the OP Zone File #10-104120-00-UP Chapter 19.235. Office Park (OP) 19.235.010 Office/retail. The followin uses shall be ermitted in the office ark (OP zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS �n Minimums O z `� Re uired Yazds � ZONE � � U � T O � � O1 � 9 a N � � � •d � "�' �"' .N. � ..�.+ �"' C � a.', � C a� '�- bA1 V 6. � USE a �� a w � � x� � a SPECIAL REGULATIONS AND NOTES Office use Process II None 25 ft. 20 ft. 20 ft. 55 ft. General 1. If approved through process III, the height of a structure may exceed 55 ft. above average building elevation Possible 35 ft. 20 ft. 20 ft. above office and to a maacimum of 70 ft., if all of the following criteria are met: Retail III See 50 ft. 20 ft. 20 ft. average retail: 1 for a. The additional height is necessary to accommodate the particular use conducted in the building; and establishment note 10 See notes 2 and 12 building each 300 sq. b. The subject property does not adjoin a residential zone; and providing See notes elevation ft. gross floor c. Each required yazd abutting the structure is increased one ft. for each one ft. the structure exceeds 55 ft. banking and 1 and 3 azea above auerage building elevation; and related See notes d. The increased height will not block views designated by the comprehensive plan; and financial 1 and 3 Medical and e. The increased height is consistent with goals and policies for the azea of the subject property as services dental office: established by the comprehensive plan. 1 for each 2. Front yazd setback: 25 ft. if entry is visible from R.O. W. and front facade is 15% glass; 35 ft. if landscape Retail sales of 225 sq. ft. of buffer and stormwater facilities aze located in the front yazd; or 50 ft. if parking and driving areas aze located groceries, gross floor in the front yard. produce and azea 3. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion related items of the structure shall not exceed 30 ft. above average building elevation. Mixed Uses: 4. Office use may include accessory wazehouse, retail sales or service facilities and assembly of prepared See note 9 Determined materials, which facilities and assembly areas utilize no more than 20% of the gross floor azea. on a case-by- 5. The subject property must be designed so that any truck pazking, loading and maneuvering azeas; areas Retail case basis where noise generating outdoor uses and activities may occur, and vents and similaz features are located as faz establishment as possible from any residential zone. providing 6. May not conduct any activity or use on the subject property that involves the release of toxic or noxious office supplies, gases, fumes or odors. printing and 7. Outdoor use, activity and storage is regulated by FWRC 19.125.170. duplicating Continued) Process I, II, III and IV are described in For other information about pazking and pazking azeas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regazding required yazds, see FWRC 19.125.160 et seq. K:�2011 Code Amendments�Accessory Wazehouse in OP Zone�Planning Commission\061511 Packet\19-235-010 Office, Retail.DOC � � �� ► �` �+ : I._ f: � � � � � � � � � 19.235.010 Of�ce/retaiL (Continued) The followin uses shall be ermitted in the office ark (OP) zone sub'ect to the re lations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS v� Minimums p '� Re uired Yazds �, o � ZONE °' OP a b a � � o b � � .= 3 =' ;� � .= c C7 0.�� c a� � �o,° o.� USE a ��; a w � w x� r� a SPECIAL REGULATIONS AND NOTES 8. Access to and from drive-through facilities must be approved by the public works department. Drive-through facilities must be designed so that vehicles will not block traffic in the street while waiting in line and will not unreasonably interfere with on-site traffic flow. 9. The city may approve these uses if they meet the following criteria: a. They aze cleazly secondary to and supportive of other uses on the subject property allowed in this zone; and b. By their location and configuration, they aze principally oriented to the other allowed uses on the subject property and their employees and not to the general public; and c. It is reasonable to anticipate that there will be a demand for these uses from the other allowed businesses on the subject property or their employees and that these uses will be principally used by these other allowed businesses or their employees. 10. No masimum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, pazking lot landscaping, surface water facilities, etc. 11. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 12. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 13. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 14. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. Process I, II, III and IV are described in Chapter 19.55 FWRC, For other information about pazking and parking azeas, see Chapter 19130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regarding required yazds, see FWRC 19125.160 et seq. K:�2011 Code Amendments�Accessory Wazehouse in OP Zone�Planning Commission\061511 Packet\19-235-010 O�ce, RetaiI.DOC � /�+ � m � � �� ;� I ,',� �' � �" '.� I 19.235.030 Limited commercial. The followin uses shall be ermitted in the office DIRECTIONS: FIRST, read down to find use ...'] � Minimums 0 N Re uired Yazds � U E"� O � t . � a a� a o °: � .� 3 � `? � C7 a. •� �' c a� � � � USE a �� a w 'v� � x� Commercial or industrial photography, cinematography or video production, broadcast studio Newspaper printing plant Research development and testing facilities, including electronics technologies and dental labs II INone See 50 ft. 2( note 7 See notes See note 1 35 ft. above average building See notes 1 and3 zone subject to the regulations and notes set forth in this section: USE ZONE CHART across for REGULATIONS � � a � � e4 � � r� a ZONE OP SPECIAL REGULATIONS AND NOTES 1 for every 1. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to a 500 sq. ft. maximum of 55 ft., if all of the following criteria aze met: gross floor a. The additional height is necessary to accommodate the particular use conducted in the building; and area, unless b. The subject property does not adjoin a residential zone; and use c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft. above includes auerage building elevation; and accessory d. The increased height will not block views designated by the comprehensive plan; and uses, then e. The increased height is consistent with goals and policies for the azea of the subject property as established by determined the comprehensive plan. on a case- 2. Front yard setback: 25 ft. if entry is visible from R.O. W. and front facade is 15% glass; 35 ft. if landscape buffer by-case and stormwater facilities are located in the front yard; or 50 ft. if parking and driving azeas aze located in the front basis yard. 3. If any portion of a structure on the property is within 100 ft. of a residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation. 4. May not conduct any activity or use on the subject property that involves the release of toxic or noxious gases, fumes or odors. (Continued) Process I, II, III and IV are described in � For other information about parking and parking areas, see Chapter 19130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chap[er 19.70 FWRC respectively. For details regarding required yazds, see FWRC 19.125.160 et seq. K:�2011 Code AmendmentsWccessory Wazehouse in OP Zone�Planning Commission\061511 Packet\19-235-030 Limited Commercial.doc 1 � � �* ` r � y ,. � • ' I� 1 r ' � 19Z35.030 Limited commercial. DIRECTIONS: FIRST, read down to find use ... � O " � � U Q O � � a � .. 3 N C7 �o,•� � USE a �= � a Accessory wazehouse facilities See note 5 Re uired Yazds �, U c0 W � � t � � C U a ' W V] CL� x� fx a Convention, conference, and trade centers associated with another permitted use in this zone See note 6 Process I, II, III and IV aze described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. USE ZONE CHART across for REGULATIONS ZONE Or SPECIAL REGULATIONS AND NOTES 5. The ciry may allow a warehouse facility under this section if it meets the following criteria: a. This use is accessory to the primary use on the subject property and occupies no more than 50% of the combined gross floor area of this use and the primary use. b. The placement, orientation, design and other site design and architectural features of the proposed building and site plan demonstrate that this use will not detract from the principal character of the subject property as an office pazk. a The exterior appeazance of the warehouse facility will be compazable to the exterior appearance of other buildings on the subject property. d. The subject property is designed to accommodate the truck traffic and other manifestations of this use. e. The subject property is designed so that truck parking, loading and maneuvering areas; azeas where noise generating outdoor uses and activities may occur, and vents and similar features aze located as far as possible from any residential zone. 6. The city may allow a convention, conference or trade center under this section if it meets the following criteria: a. This use occupies no more than 50% of the combined gross floor area of the development on the subject property. 7. No maximum lot coverage is established. Instead, the buildable azea will be determined by other site development requirements, i.e., required buffers, pazking lot landscaping, surface water facilities, etc. 8. For communiry design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 10. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 11. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject � Pr°perty. `1� For other information about pazking and parking azeas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regazding required yazds, see FWRC 19.125.160 et seq. K:�2011 Code Amendments�Accessory Wazehouse in OP Zone�Planning Commission\06151 I Packet\19-235-030 Limited Commercial.doc � � ..� �t1 � a _ ��' . 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Center Cary Lang Building Cedar Park at 'J+1e-�t CamRus Ceda�s 3�t0 Building �Cedar� Building The Center Chaniber of Commerce Building � East Campu� Ccrp�arate Park I East Cam�us C_orp�arat� Fark III f: East Gampus Cor�orate Park III B , East Campus Gor�arate Park III �- East Campus Carparate Park I'�' East Campus Corp�arate Park '�r' East Campus Carporate park'�!I East Campus plaza - tf, East Campus Rlaza - B East Campus Terrace Building x East Campus Terrace 6uilding B East Campus Terrace Building C Emerald Prafessional Center Evergreen CQrporate Center Fed U�1ay Center Federa) t�fay Center Federal 'uYa•�r DSHS Federal '�lay hledical and ?rafessional Federal '►M'ay hledical Center Federal '�'ay hledical Dental :�► � � �^ ]J, m ... �., � h �; � � I � � �. � �k � � _, _ Glapdata�01'f Gaogle ��rma cf G�� Clase 'J4'indaw .... � _ . . . _. C I ly O 1 Map Date: June 2 1 E `. ity �Fe al�a-Wa�OQ3— `I Federal Wa 2011 Vacant Office S�a� (P)253-835-7000 Y (V� www.cityoffederalway.com ` CITY OF This map is intended for use 0 0.25 0.5 as a graphical representation. \ � Federal Way Miles The City of Federal Way makes N� _ _ .. _ ._ _ . . , _ . _ , _ _ no warranry as to its accuracy. �XHIBIT OP ZONE AMENDMENT EXPLANATION OF NEED: Market activity and requests for space within Federal Way has sho�; n a need by smaller companies, wishing to locate to Federal Way, the ability to combine their office a.rid warehouse needs. Existing inventory within the CE Zone is either non existent or too large to accommodate the need. The existing OP zoning use chart and options set forth in 19.235.030 are in conflict and leave staff without the ability to encourage office/warehouse combinations for users. Sec. 19.235.030 clearly allows up to 50% of gross building area for accessory warehouse while 19.235.10, Para. 4, conflicts with Sec. 19.235.030. On two occasions related to 33811 - 9 Avenue S., an OP office property, the relocation or use of the property by a local company failed due to staff's inability to interpret the code due to the 20% verse 50% accessory warehouse confusion. r — �, �--- �, , ,,.,,, �..,� � °* � �..r � ,1 ��,+,+� �' � scP � � z�}o �'I71' G� �E��K;��',N��° �US 19.235.010 Office/retail. The followine uses shall be Chapter 19.235. Office Park (OP) in the office oark (OP) zone subiect to the re�ulations and notes set forth in this section: USE ZONE CHART USE Office use DIRECTIONS: FIRST, read down to find use ... � O " � � U Q O � b a V � °��' 3 � � �'; � a c� ri! a Process II None Re uired Yazds L N O '!y � w v� c� 25 ft. 20 ft. 20 ft. 35 ft. 20 ft. 20 ft. 50 ft. 20 ft. 20 ft. Except 20 ft. along residential zones for side and rear yazds See notes 2 and � W ` O t ' � V x � 55 ft. above average building elevation Retail III See establishment note 10 providing See notes banking and 1 aE�3 related financial services �eta}l--saie�e€ �� e4at�1-i�et�+s See-ttet�9 Retail establishment providing office supplies, printing and duplicating Process I, II, III and IV aze described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. See notes 1 and 3 across for REGULATIONS � c � 'O w � •g g � R�. P-� ZONE O� SPECIAL REGULATIONS AND NOTES General 1. If approved through process III, the height of a structure may exceed 55 ft. above average building elevati< office and to a maximum of 70 R., if all of the following criteria aze met: retail: 1 for a. The additional height is necessary to accommodate the particulaz use conducted in the building; and each 300 sq. b. The subject property does not adjoin a residential zone; and ft. gross floor c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 55 ft. area above average building elevation; and d. The increased height will not block views designated by the comprehensive plan; and Medical and e. The increased height is consistent with goals and policies far the azea of the subject property as dental office: established by the comprehensive plan. 1 for each 2. Front yazd setback: 25 ft. if entry is visible from R.O. W. and front facade is 15% glass; 35 ft. if landscape 225 sq. ft. of buffer and stormwater facilities are located in the front yard; or 50 ft. if parking and driving azeas aze located gross floor in the front yazd. azea 3. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation. Mixed Uses: 4. ccessory Detertttined ' i �.' ti e �r.� a.. ..,�.i.. .. ,..:i:.,o ., a.w..., �noi „F.Ho .. � fl,,,,. ., � uses may be on a case-by- allowed subject to the following criteria: case basis a The placement orientation design and other site design and architectural features of the proposed buildine and site plan demonstrate that this use will not detract from the princi�al chazacter of the subject b The exterior appeazance of that kortion of the buildin h� ousine the accessor� ses will be comparable to 5. The subject property must be designed so that any truck parking, loading and maneuvering areas; azeas �1 J where noise generating outdoor uses and activities may occur, and vents and similaz features are located as far � as possible from any residential zone. � 6. May not conduct any activity or use on the subject property that involves the release of toxic or noxious gases, fumes or odors. i �.. For other information about pazking and parking azeas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19110A50 et seq. For details regazding required yazds, see FWRC 19.125.160 et seq. m ��-}— �J.� � � � �° ��;:; _� t�1 �, K:�20ll Coc�e Amendments�Accessory Wazehouse in OP Zone�Planning Commission\061511 Packet�Amended 19-235-010 Office, Retail.DOC �! 19.235A10 Office/retail. (Continued) he followin uses shall be ermitted in the office ark (OP) zone subject to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS v� Minimums � �' Re uired Yazds ; " ZONE � � � a F " °' OP , a, � � 0 4 � v� � � 3 � " � '- c C7 �a..� �' c „ � � " a.:.� USE a �� a w � � x� �; a SPECIAL REGULATIONS AND NOTES 7. Outdoor use, activity and storage is regulated by FWRC 19.125.170. 8. Access to and from drive-through facilities must be approved by the public works department. Drive-through facilities must be designed so that vehicles will not block traffic in the street while waiting in line and will not unreasonably interfere with on-site traffic flow. �& 9. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, pazking lot landscaping, surface water facilities, etc. -1-� 10. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. �.? 11. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. �3 12. For sign requirements that apply to the project, see Chapter 19.140 FWRC. -b4.� 13. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. Process I, II, III and IV are described in For other information about pazking and parking azeas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regazding required yards, see FWRC 19.125.160 et seq. � � N I � � 4$� ..:.� i � . `; � � K:�2011 Code Amendments�Accessory Wazehouse in OP Zone�Planning Commission\061511 Packet�Amended 19-235-010 Office, RetaiI.DOC 19.235.030 Limited commercial. The followin uses shall be ermitted in the office ark (OP) zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS � ,. Minimums � N Re uired Yazds N � ZONE � � F ° °' OP ., a �p � ro o �, �v� � °�..' 3 � ` a�, � _ G7 0.•� �' ` � � � � �� USE a �� ,° w v"� c� x v� w a�., SPECIAL REGULATIONS AND NOTES Commercial or Process II None industrial photography, Possible See cinematography Process note 7 or video III production, broadcast studio See note 1 printing plant Reseazch development and testing facilities, including electronics technologies and dentallabs t. 20 ft. 20 ft. 35 ft. abov� t. 20 ft. 20 ft. average t. 20 8. 20 ft. building notes 2 and 9 elevation See notes 1 and 3 1 for every 1. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to a 500 sq. 8. maacimum of 55 ft., if all of the following criteria aze met: gross floor a. The additional height is necessary to accommodate the particular use conducted in the building; and azea, unless b. The subject property does not adjoin a residential zone; and use c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft. above includes average building elevation; and accessory d. The increased height will not block views designated by the comprehensive plan; and uses, then e. The increased height is consistent with goals and policies for the area of the subject property as established by determined the comprehensive plan. on a case- 2. Front yard setback: 25 ft. if entry is visible from R.O.W. and front facade is 15% glass; 35 ft. if landscape buffer by-case and stormwater facilities aze located in the front yard; or 50 ft. if parking and driving areas aze located in the front basis vazd. 3. If any portion of a structure on the property is within 100 ft. of a residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation. 4. May not conduct any activity or use on the subject properry that involves the release of toxic or noxious gases, fumes or odors. (Continued) Process I, II, III and IV aze described in �— For other information about pazking and parking azeas, see Chapter 19130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chap[er 19.70 FWRC respec[ively. For details regazding required yazds, see FWRC 19125.160 et seq. K:�2011 Code Amendments�Accessory Wazehouse in OP Zone�Planning Commission\061511 Packet�Amended 19-235-030 Limited Commercial.doc � .. � ..� �... �.�.�� } ( �� 19 �� t � � i F 19.235.030 Limited commercial. Continued USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS � Minimums 0 N Re uired Yazds � ZONE ti �. g � F O � 0. OP a � a � � � i •d � rti .� 3 .N. v � .s" C V' o, • � � o b '� ,� � a. �e USE a �� .°� w v� � x v� r� a SPECIAL REGULATIONS AND NOTES � g T,, •,, „ .o�,,..�e f,,,,:,:.., ...,ao..,,.� �o,.«:,,., :f;« .,,00 Accessory uses may be allowed subject to the ware-heNS� following criteria: €asili6i�s ° Se�-net�3 � a. The placement, orientation, design and other site design and azchitectural features of the proposed building and site plan demonstrate that this use will not detract from the principal chazacter of the subject property as an office park. Convention, � b. The exterior appeazance of the wazehouse facility will be compazable to the exterior appearance of other conference, buildings on the subject property. and trade . centers e- c. The subject property is designed so that truck pazking, loading and maneuvering areas; azeas where noise assebiat�d�i#k generating outdoor uses and activities may occur, and vents and similar features aze located as far as possible from any � residential zone. oa . �� • , tn-t�is-�ene . ° �: 6. No maacimum lot coverage is established. Instead, the buildable area will be determined by other site development See-aeE�Fi requirements, i.e., required buffers, pazking lot landscaping, surface water facilities, etc. � 7. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9: 8. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. -�& 9. For sign requirements that apply to the project, see Chapter 19.140 FWRC. �-� 10. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. Process I, II, III and IV are described in For other information about pazking and pa�king areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For de[ails regazding required yards, see FWRC 19.125.160 et seq. * i`j � � t""; � �� ,. ,'� K:�2011 Code AmendmentsWccessory Wazehouse in OP Zone�Planning Commission\061511 Packet�Amended 19-235-030 Limited Commercial.doc 19.235.020 Entertainment — Commercial recreation. The followin uses shall be ermitted in the office ark (OP) zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS � Minimums � N Re uired Yards � ZONE � U � a F o = a, On . d a " a� c�c a� ��' t � '�' 3 = " ° '" c C7 a. • � �' o � � � � a. :k USE a �� . w v� r� x v� x� a SPECIAL REGULATIONS AND NOTES Restaurant Process II None 25 ft. 20 R. 20 ft. 35 ft. above Restaurant: 1. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to with seating 35 ft. 20 R. 20 ft. average 1 for every a m�imum of 55 ft., if all of the following criteria aze met: capacity for Possible See 50 ft. 20 ft. 20 ft. building 100 sq. ft. a. The additional height is necessary to accommodate the particulaz use conducted in the building; and no more than Process notes 3 See notes 2, 7 and 8 elevation gross floor b. The subject property does not adjoin a residential zone; and 50 persons III and 5 azea c. Each required yazd abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft. See notes 1 above average building elevation; and Commercial and 4 Recreation: d. The increased height will not block views designated by the comprehensive plan; and recreation Determined e. The increased height is consistent with goals and policies for the area of the subject property as established faciliry on a case-by- by the comprehensive plan. case basis 2. Front yard satback: 25 ft. if entry is visible from R.O. W. and front facade is 15% glass; 35 ft. if landscape buffer and stormwater faci►ities aze located in the front yazd; or 50 ft. if parking and driving areas are located in front yazd. 3. The subject property must be designed so that any truck parking, loading and maneuvering azeas; areas where noise generating outdoor uses and activities may occur; and vents and similaz features are located as far as possible from any residential zone. 4. If any portion of a structure on the subject property is within 100 R. of a residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation. °� 5. No maximum lot coverage is established Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, pazking lot landscaping, surface water facilities, etc. 6. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 7. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 8. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 9. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. Process I, II, III and IV are described in For other information about pazking and parking azeas, see Chapter 19130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19110.050 et seq. Chapter 19.70 FWRC respectively. For details regazding required yazds, see FWRC 19125.160 et seq. K:�2011 Code Amendments�?,ccessory Wazehouse in OP Zone�Planning Commission\061511 Packet\19-235-020 Entertainment, Commercial Recreation.doc � � � � � #� t F 4 t �XHIB�� RESTAURANTS COMPARISON MATRIX CITY PERMISSION Kent Permitted as an accessory use (no drive- Office District (0) through) Auburn Residential Office (RO) & Residential Permitted outright (no drive-through) Office-Hospital District (RO-H) Tukwila Permitted outright Office (0) District Burien Permitted as an accessory use (no drive- Office Zone (0) through) Des Moines Permitted outright B-P Business Park Zone Sea-Tac pertnitted as an accessory use (no drive- Office/Commercial/Mixed Use (O/C/MU) through) Spokane Valley Permitted outright (drive-through allowed as Office District (0) an accessory use) Renton Permitted as an accessory use to office use Commercial Office (CO) (Shall not stand alone and shall not occupy more than 25 percent) K:�2011 Code Amendmenu�Accessory Warehouse in OP Zone�Planning Commission\061511 Packet�Restaurant Compazison Matrix.doc 19.235.020 Entertainment — Commercial recreation. The followin uses shall be ermitted in the office ark OP) zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS �, Minimums 0 N Re uired Yazds ; ZONE F V U � � O � w � Ol 1.�1 y a N � O y y � 3 � � � G � Q, •� � C y 'c�' Lb ,,, O U Q. ,1 ° � SPECIAL REGULATIONS AND NOTES USE a �� a w r� � ,.'C" v� a�' a Restaurant Process II None 25 ft. 20 ft. 20 ft. 35 ft. above Restaurant: 1. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to '°"�" 35 ft. 20 ft. 20 ft. a�erage 1 for every a ma�cimum of 55 ft., if all of the following criteria are met: sapasi�y-feF Possible See 50 ft. 20 ft. 20 ft. building 100 sq. ft. a. The additional height is necessary to accommodate the particular use conducted in the building; and ae-me�-t�an Process notes 3 See notes 2, 7 and 8 elevation gross floor b. The subject property does not adjoin a residential zone; and 39-pe�sens III and 5 area a Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft. See notes 1 above average building elevation; and Commercial and 4 Recreation: d. The increased height will not block views designated by the comprehensive plan; and recreation Determined e. The increased height is consistent with goals and policies for the azea of the subject property as established facility on a case-by- by the comprehensive plan. case basis 2. Front yard setback: 25 ft. if entry is visible from R.O. W. and front facade is 15% glass; 35 ft. if landscape buffer and stormwater facilities aze located in the front yud; or 50 ft. if pazking and driving areas are located in front yard. 3. The subject property must be designed so that any truck parking, loading and maneuvering areas; areas where noise generating outdoor uses and activities may occur; and vents and similaz features are located as faz as possible from any residential zone. 4. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that poRion of the structure shall not exceed 30 ft. above average building elevation. 5. No ma�cimum lot coverage is established. Instead, the buildable azea will be determined by other site development requirements, i.e., required buffers, pazking lot landscaping surface water facilities, etc. 6. For community design guidelines that apply to the project, see Chapter 19.11 5 FWRC. 7. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 8. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 9. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. Process I, II, III and IV aze described in For other information about pazking and parking azeas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC ]9.110.050 et seq. Chapter 19.70 FWRC respecdvely. For details regazding required yazds, see FWRC 19.125.160 et seq. K:�2,011 Code AmendmentsWccessory Wazehouse in OP Zone�Planning Commission\061511 Packet�Amended 19-235-020 Entertainment, Commercial Recreation.doc �'i' i � �: � �� I I � � c' f � �XHNB�`C_ __. _ � � CONVENTION CENTERS COMPARISON MATRIX CITY PERMISSION Kent Not permitted Office District (0) Auburn Residential Office (RO) & Residential Not permitted Office-Hospital District (RO-H) Tukwila Not permitted Office (0) District Burien permitted Office Zone (0) Des Moines permitted B-P Business Park Zone Sea-Tac Office/Commercial/Mixed Use (O/GMU) Permitted �okane Valley Not permitted Office District (0) Renton permitted Commercial Office (CO) K:�2011 Code Amendments�.Accessory Warehouse in OP Zone�Planning Commission\061511 Packet\Convention Centers Comparison Matrix.doc ��a�� _ 1�_ _.� �__«_ OUT-RIGHT PERMITTED USES IN THE OP ZONE • Office use • Retail establishment providing banking and related financial services • Retail establishment providing office supplies, printing and duplicating • Restaurant with seating capacity for no more than 50 persons • Commercial recreation facility • Commercial or industrial photography, cinematography or video production, broadcast studio • Newspaper printing plant • Research development and testing facilities, including electronics technologies and dental labs • Schools, colleges, universities, or business or vocational schools • Commercial day care facilities • Hospitals, convalescent centers, nursing homes • Funeral homes and mortuaries • Government facility, public parks, and public transit shelter • Public utility • Personal wireless service facility • Church, synagogue or other place of religious worship K:�2,011 Code Amendments�Accessory Warehouse in OP Zone�Planning Commission\061511 Packet\Outright permitted uses.doc