LUTC PKT 07-18-2011City of Federal Way
City Council
Land Use/Transportation Committee
City Hall
Council C hambers
July 18, 2011
6:00 p.m.
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMITfEE BUSINESS
Topic Title/Description
A. Approval of Minutes: June 13, 2011
B. Truck Route Ordinance
C.
D.
E.
F.
G.
H.
WSDOT Traffic Busters Fiber Optic Cable
Connection — Bid Award
WTSC School Zone Flashing Beacon Grant
Acceptance
SWM CIP Update
Utilization of City of Federal Way Surplus Property
for the Construction of the S 356 Street RDF
Retrofit Project
Code amendment to allow animal kennels and
animal care facilities in the Neighborhood
Business Zone
Code Amendments Related to Accessory Uses,
Seating Capacity of Restaurants and Convention
Centers in the Office Park Zone.
Presenter Page
LeMaster 2
Perez 6
Action
or Info
Action
Action
Hannahs 11 Action
Hannahs 14 Action
Appleton 17 Information
Appleton 20 Action
Clark 22 Action
Clark 55 Action
Council
Date
N/A
8/2/2011
Ordinance
1� Reading
8/2/ 11
Consent
8/2/ i l
Consent
N/A
8/2/li
Consent
8/2/ 11
Ordinance
1� Reading
8/2/11
Ordinance
is Reading
Time
5 min.
5 min.
5 min.
5 min.
5 min.
5 min.
10 min
10 min.
4. OTHER
5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be held on Monday, August 1, 2011 at
6:00 PM in City Hall Council Chambers.
6. ADJOURN
Committee Members City Staff
Linda Kochma�, Chair Cary M. Roe, P. E., Di�ector of Parks, Public Works and Emergency Management
Jim Fe��el% Membe� Da�lene LeMaster, Administrative Assistant II
Jack Dovey, Membe� 253-835-1701
G.ILUTCI[UTCAgendasandSummanes2011�7-18 LUTCAgenda.doc
City of Federal Way
City Council
Land Use/Transportation Committee
June 13, 2011 City Hall
6:00 PM City Council Chambers
MEETING SUMMARY
Committee members in Attendance: Committee Chair Linda Kochmar, Committee member Jim Ferrell and Committee
member Jack Dovey
Councilmember in Attendance: Councilmember Jeanne Burbidge
Staff in Attendance: Deputy Public Warks Director Marwan Salloum, Deputy Public Works Director Ken Miller, City
Traffic Engineer Rick Perez, Surface Water Manager Will Appleton, Assistant City Attorney Peter Beckwith, and
Administrative Assistant II Darlene LeMaster.
1. CALL TO ORDER
Committee Chair Kochmar called the meeting to order at 6:00 PM.
2. PUBLIC COMMENT
There was no public comment.
3. BUSINESS ITEMS
Forward
Topic Title/Description _ to Council
A. Approval of the April 18. 2011 and the May 16, 2011 LUTC Minutes N/A
Committee approved the April 18, 2011 LUTC minutes as presented.
Moved: Ferrell Seconded: Dovey Passed: Unanimously, 3-0
Committee approved khe May 16, 2011 LUTC minutes as presented.
Moved: Ferrell Seconded: Dovey Passed: Unanimously, 3-0
B. Truck Route Code Amendment N/A
City Traffic Engineer Rick Perez presented information on this item. Two public comments
were received:
Bob Cooper, Lloyd Enterprises, Federal Way — Mr. Cooper complimented Rick Perez and
staff on their presentation concerning the Truck Route Code Amendment. Mr. Cooper
conveyed that the proposed change to the ordinance would restrict current truck routes and
would negatively impact business. Lloyd Enterprises has felt a decline in business over the
past year; limiting truck travel through the Ciry would make Lloyds less competitive and
would hurt business even more. Mr. Cooper asked the Committee to not recommend the
code amendment for approval.
Chris Brown, Lloyd Enterprises, Federal Way — Mr. Brown concurred with Mr. Cooper.
Mr. Brown appreciates staff's work on this issue. Mr. Brown feels the City needs to be
business friendly and supports not forwarding the ordinance for approval.
Committee member povey reviewed the pros and cons associated with the code amendment as
presented by staff. Mr. Perez also stated that if the code amendment is approved, regulatory
signage outside of the designated truck routesZuvill need to be removed. Mr. Perez also reviewed
Land Use/Transportation Committee
C
June 13, 20l 1
how this code amendment came to be. The proposed code amendment clarifies the code
language and makes the ordinance enfarceable.
Discussion continued between Committee members Fenell and Dovey and City Traffic
Engineer Perez on how to clarify the code language without having potential negative impact to
local businesses, ie. Lloyd Enterprises. "Trip" also needs to be defined for clear interpretation
and enforcement of the ordinance.
Committee member Ferrell inquired about what has transpired since this ordinance came into
being. Mr. Perez stated the initial truck route ordinance was adopted in 1991, amended in 2000
and has been being enforced for approximately just over one year by our police department.
When this ordinance was recently challenged in court, the need to amend and clarify the
ordinance was recognized.
Chair Kochmar asked how one can prove where their trip begins or ends. Mr. Perez suggested
that inforrnation is available on the `bill of lading' that accompanies each load. All commercial
vehicles are required to keep log books, describing the trips they are taking as well as
documentation of driving hours per federal law. Mr. Beckwith stated the initial complaint was
about semi-trucks using S/SW 356` Street as a pass-through, without either end of their trip
residing within Federal Way. S/SW 356`�' St is not a designated truck route. If the ordinance is
clarified, Lloyds should not be affected. All trips will begin within the city of Federal Way, and
therefore, would not be counted. Only trips not originating or ending in Federal Way would be
counted. This code amendment is about clearing up an ambiguity and would be enforceable.
Committee member povey sated the goal of this code amendment is not to negatively impact
FW businesses.
Mr. Cooper provided additional comment in favor of not allowing the code amendment as
presented by staff. Mr. Brown also provided additional comment on how the proposed
ordinance can be realistically enforced and monitored.
The Committee suggested that the topic be tabled and brought back with the ordinance amended
to provide clarification and allow local businesses to drive their trucks within FW. Currently,
the police department is not enforcing this ordinance until clarification is provided and
approved.
Committee tabled item to the July 18, 2011 LUTC agenda.
2012-2017 Transportation Improvement Plan (TIP)
City Traffic Engineer Rick Perez presented information on this item. There was no public
comment.
Committee member povey inquired of item #19, S 320` St at l Ave S. Is this the same project
that had been previously listed as # 1 and #2? Mr. Perez responded that Council has previously
removed this project from the TIP; however, when staff proposed the median u-turn at this
location, Council added it back to the TIP with its original scope and potentially the next
location to utilize median u-turns. This location has dropped in priority significantly due to a
reduction in collision history. Less collision history suggests less need far the project, making
the project less competitive in the grant funding process.
Committee forwardect Option #1 as presented.
1Vloved: Dovey Seconded: Ferrell Passed: Unanirriously, 3-0
June 21, 2011
Consent
Resolution
G:\LUTC\LUTC Agendas and Summaries 201 I\6-13-11 Minutes.doc
Land Use/Transportation Committee
D.
E.
DOE Stormwater Retrofit and LID Competitive Grant — Authorization to Accept
Surface Water Manager Will Appleton presented information on this item. There was no public
comment. Committee Member Ferrell inquired on the current balance of the S WM fund, and
would transferring these funds provide enough of a balance to take care of the City's needs. Mr.
Appleton stated that transfer of funds and projected balance should suffice, however, even
without the project, the City would need to act prior to 2017 with either a rate increase or by
modifying current practices to not drop below required reserves. On a separate note, the utility
brings in approx. $3M annually and expends just over $3M annually, making it a wash.
Committee member povey inquired on the $800,000 for land acquisition. Mr. Appleton
explained that SWM utility fund is buying the land for its project from the General Fund.
Committee member povey wondered why purchasing the land from ourselves is necessary. Mr.
Appleton responded that the subject property has a market value and that staff believe it is
appropriate for the utility to purchase the property from the City. It is Mr. Appleton's
understanding that the funds would be transferred from the SWM utility fund into the operating
budget (ie. the general fund) far the transfer of land. Whether or not the SWM utility pays for
this land, the utility will ultimately be in need of additional revenue, possibly by 2018, if the
property is given to SWM and 2016 if SWM purchases the property.
Committee Member Ferrell asked why SWM wants to purchase the property. Mr. Appleton
answered that this land is a combination of City owned right of way and a remnant left over
from the S 356` St at SR 99 Intersection Improvements Project. This land has potential
commercial value; the City could surplus it and sell it at market value. Because the land has
value, SWM is proposing to purchase it as it will be used for their project.
Committee member povey also suggested that Council could choose to transfer the ownership
of the subject land at no cost to SWM since the City already owns it. Mr. Appleton concurred.
June 13, 2011
June 21, 2011
Consent
Chair Kochmar asked Deputy Public Warks Director Salloum if the action of transferring the
land from one fund to another is an attempt to try and balance the budget. Mr. Salloum
responded, deferring the intention of the transaction to the Mayor. The Committee wants to see
the project done, but is not sure about the sale and purchase of the land within City departments.
Mr. Appleton suggested the Committee recommend going forth with the project and securing the
grant. The acquisition of the property is not being acted on at this time.
Staff will return to the next LUTC meeting regarding purchase and sale of the subject land.
Chair Kochmar also requested staff to address upcoming SWM Capital projects at a future
LUTC meeting.
Committee forwarded Option #1 as presented.
Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0
Acceptance of Grant Funding for Transportation Improvement Projects — Safe Routes to
Schools
Deputy Public Works Director Marwan Salloum presented information on this item. There was
no public comment or discussion on this item. The Committee applauded staff's efforts in
applying for grants. Grant procurement is very competitive given the current economic climate.
Committee forwarded Option #1 as presented.
Moved: Dovey Seconded: Ferreli Passed: Unanimously, 3-0
June 21, 2011
Consent
Resolution
G:\LUTC\LUTC Agendas and Summanes 2011\6-13-11 Minutes.doc
Land Use/Transportation Committee Page 4 June 13, 2011
4. OTHER
5. FUTURE MEETING
The next LUTC meeting will be postponed to Monday, June 27, 2011 at 6:00 PM in City Hall Council Chambers.
6. ADJOURN
The meeting adjourned at 7:10 PM.
Attest:
COMMITTEE APPROVAL:
Darlene LeMaster, Administrative Assistant II
Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member
5
G:\LU"CC\LUTC Agendas and Summaries 2011\6-13-1 I Minutes.doc
COUNCIL MEETING DATE: August 2, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUB,�CT: Truck Route Code Amendment
POLICY QUESTION Should the Federal Way Revised Code (FWRC) be amended to limit the definition of
local deliveries to truck trips with either an origin or destination within the city limits, or operated by firms with
a corporate headquarters within the city limits?
COMMITTEE Land Use and Transportation Committee
CATEGORY:
❑ Consent
❑ City Council Business
� Ordinance
❑ Resolution
STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer ��,�
MEETING DATE July 18 , 2011
❑ Public Hearing
❑ Other
DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated July 18, 2011
Options Considered:
l. Approve the proposed ardinance.
2 Do not approve the proposed ordmance and provide direction to staff.
_ _... __. ...... __. _......
MAYOR'S RECOMMENDATION Forward Option 1 to the August 2, 2011 City Council Ordinance Agenda for
first reading.
MAYOR'S APPROVAL: _/���� DIRECTOR APPROVAL: G'�
Commi ee Council Committee Council
COMMITTEE RECOMMENDATION Forward Option 1 to the August 2, 2011 City Council Ordinance Agenda for
first reading.
Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member
PROPOSED COUNCIL MOTION(S):
1 READING OF ORDINANCE (August 2 , 2011): "I move to forward the ordinance to second reading for
enactment on the September 6; 2011 Ordinance agenda. "
2 READING OF ORDINANCE (September 6 , 2011): "I move approval of the ordinance to limit the definition
of local deliveries to truck trips with either an origin or destination within city limits, or operated by firms
having corporate headquarters within city limits. "
(BELOW TO BE COMPLETED BY CITY CLE'RKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1 reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 6 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: July 18, 2011
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor
FROM• Cary M. Roe, P.E., Director of Parks, Public W rks, and Emergency Management (�
' Rick Perez, P.E., City Traffic Engineer
SUBJECT: Truck Route Code Amendment �
BACKGROUND:
The Law Department, in responding to a request for interpretation, has determined a need to clarify the
intent of FWRC 8.40.040. Current code allows up to 10 truck trips per day for local deliveries, allowing
any street in the City to be used. However, "deliveries" is defined such that it could be interpreted to
include truck trips where neither origin nor destination is within the City. This language was created
when the code language was last amended in 2000. The existing interpretation has made it difficult to
enforce the truck route restrictions that were intended to prohibit truck trips through Federal Way without
impinging on deliveries within the City.
Therefore, staff proposes to clarify the intent by striking the portion of the definition of deliveries in
FWRC 8.40.040(1) such that at least one end of a truck trip would have to be within city limits in order to
use streets that are not designated truck routes.
At the May 2, 2011 Land Use and Transportation Committee meeting, the Committee requested
additional information about ordinances used by other cities in the region that restricted trucks with no
trip ends within the city.
Staff investigated the codes of all eleven cities over 50,000 populations in King, Pierce, and Snohomish
counties. Most of these cities either had no restrictions on truck routes or limited them in only one
instance due to alignment, bridge weight limits, or pedestrian use. Seattle, Marysville, and Renton
required the use of designated truck routes and the shortest route available for local deliveries from a
designated truck route. Only Redmond took this further to restrict trucks to truck routes except for local
deliveries to or from a destination within the city or a destination within a half mile of the city limits of
the city.
At the June 13, 20ll Land Use and Transportation Committee meeting, the Committee expressed interest
in providing an exception for trucking businesses having corporate headquarters within the City. Upon
staff review, it was determined that this would negate the need for the language excepting up to 10 trips
per day for local deliveries.
Therefore, the attached ordinance redefines local deliveries as those with origins or destinations within
the city, or firms having corporate headquarters within the city, but otherwise would not allow any
number of non-local deliveries to use roadways that are not designated truck routes.
cc: Project File
Day Fil
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
deliveries by truck; amending FWRC 8.40.040. (Amending Ordinance
Nos. 00-365 and 91-103)
WHEREAS, the Federal Way Revised Code ("FWRC") designates vehicle routes for
vehicles rated in excess of 30,000 pounds gross weight; and
WHEREAS, the FWRC contains an exception to the vehicle routes if the vehicles are making
deliveries with destinations or origins in the City; and
VVHERAS, the Council has determined that an exception to the vehicle routes should also be
made for vehicles that are operated by entities that have a corporate headquarters in the City; and
WHEREAS, the Council has further determined that the removal of the 10 trip delivery
threshold would facilitate the enforcement of the vehicle routes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 8.40.040 is hereby amended to read as follows:
8.40.040 Local deliveries.
(1) Vehicles rated in excess of 30,000 pounds gross weight, as defined in RCW 46.16.11 l, are
restricted to the designated truck routes noted in FWRC 8.40.030, except a person or entity
operating or employing (whether directly or by contract) such vehicles is not subject to the
restriction when makin ' *'��� ' � deliveries • " � "
g o�� ' ' '
a� a��+�� r ���+�:� ���*;�r ��» ����� a��:-�°�°° with destinations or arigins within
, , ^ �....,...,.,
the city ar when such vehicles are operated bv entities that have their comorate headquarters
within the city a » a �• �.• �. ��. �, ��.o ,.:+., �.a+�: • ; �a ao�+;,,.,�:,,
• � r c.�
�.�.„
> >
(2) A person or entity operating or employing (either directly or by contract) vehicles rated in
excess of 30,000 pounds gross weight, as defined by RCW 46.16.11 l, to make more than 72
deliveries per day or more than 3,000 trips within a three-month period to the same destination
Ordinance No. 11-
Page 1 of 3
Rev 1/10
8
shall obtain a right-of-way use permit (limited or extended, as applicable) pursuant to FWRC
Title 4, Division II, and be subject to those route restrictions and designations, and other
conditions or restrictions promulgated by the public works director as conditions of that permit
or as otherwise provided in this chapter.
Section 2. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this chapter or its application to any other person or situation. The City Council of the City of
Federal Way hereby declares that it would have adopted this chapter and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
Ordinance No. 11- Page 2 of 3
Rev 1/10
PASSED by the City Council of the City of Federal Way this day of
20
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 11-
Page 3 of 3
Rev 1/10
10
COUNCIL MEETING DATE: August 2, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
ITEM #:
AGENDA BILL
SUB.TECT: WSDOT Traffic Busters — Fiber Optic Cable Connection —Bid Award
POLICY QUESTION Should the Council authorize staff to award the WSDOT Traffic Busters — Fiber Optic Cable
Connection Project to the lowest responsive, responsible bidder?
COMMITTEE Land Use and Transportation Committee
CATEGORY:
� Consent
❑ City Council Business
❑ Ordinance
❑ Resolution
MEETING DATE July 18 , 2011
❑ Public Hearing
❑ Other
STAFF REPORT BY: Jesse Hannahs, P E, Senior Traffic Engineer ��` DEPT: Pubhc Works
_........
Attachments: Land Use and Transportation Committee memorandum dated July 18` 2011.
Options Considered:
1. Award the WSDOT Traffic Busters - Fiber Optic Cable Connection Project to Cannon
Construction, Inc., the lowest responsive, responsible bidder, in the amount of $54,887.00 and approve a
10% contingency of $5,489.00, for a total of $60,376.00, and authorize the Mayor to execute the
contract.
2. Reject all bids far the WSDOT Traffic Busters - Fiber Optic Cable Connection Project and direct staff to
rebid the project and return to Committee for further action.
3. Do not award the WSDOT Traffic Busters - Fiber Optic Cable Connection Project to the lowest
responsive, responsible bidder and provide direction to staff.
_.... . _. ..... .... ........
MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the August 2 201 1 City Council
Consent Agenda for approval.
MAYOR APPROVAL: 7 �!��� DIRECTOR APPROVAL: C�
ommrttee Council Committee Council
COMMITTEE RECOMMENDATION: Forward Option 1 to the August 2 2011 City Council Consent Agenda for
approval.
Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member
PROPOSED COUNCIL MOTION "I move to award the WSDOT Tra�c Busters - Fiber Optic Cable Connection
Project to Cannon Construction, Inc., the lowest responsive, responsible bidder, in the amount of $54,887.00
and approve a 10% contingency of $S, 489. 00, for a total of $60, 376. 00, and authorize the Mayor to execute the
contract"
BELOW TO BE COMPLETED BY ClTY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
❑ TABLED/DEFERRED/NO ACTI0IV
❑ MOVED TO SECOND READING (ordinances only)
REVISED — 08/12{2010
COUNCIL BILL #
I reading
Enactment reading
ORDINANCE #
RESOLUTION #
11
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
July 18, 2011
Land Use and Transportation Committee
Skip Priest, Mayor
Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Managementl'/Nr�,
Jesse Hannahs, P. E., Senior Traffic Engineer ; a s
WSDOT Traffic Busters — Fiber Optic Cable Connection — Bid Award ,J� .`_ `°
BACKGROUND:
Five (5) bids were received and opened on July 6, 2011, for the WSDOT Traffic Busters — Fiber Optic
Cable Connection Project (see attached Bid Tabulation Summary). The lowest responsive, responsible
bidder is Cannon Construction, Inc. with a total bid of $54,887.00.
Reference checks on Cannon Construction, Inc. by City staff indicate that the contractor has performed
similar work. As a result, City staff believes Cannon Construction, Inc. can successfully complete this
project to the City's satisfaction. Therefore, the lowest responsive, responsible bidder is Cannon
Construction, Inc. in the amount of $54,887.00.
PROJECT ESTIMATED EXPENDITURES:
Law Bid
10% Construction Contingency
Project Bidding
$54,887
$5,489
2,000
TOTAL PROJECT COSTS $62,376
(In house design and construction management cost is not included in the project budget estimate)
AVAILABLE FUNDING:
Total WSDOT Funding
TOTAL AVAILABLE BUDGET
PROJECT BUDGET BALANCE
cc: Project File
Day File
$80,000 (Interlocal Agreement)
$80,000
$17,624
12
r
w
WSDOT TRAFFIC BUSiERS FIBER OPTIC CABLE CONNECTION:
SOUTH 320TN STREET (7ST AVENUE SOUTH TO PACIFIC MI6HWAY SOUTH)
Bitl Tabuladon
RFB No. 17-10a
COUNCIL MEETING DATE: August 2, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBdECT: Washington Traffic Safety Committee — School Zone Flasher Grants Acceptance
POLICY QUESTION Should City Council authorize staff to accept grant funding for a School Zone Flashing
Beacon installation at Nautilus Elementary School and School Zone Flashing Beacon Retrofit Installations at ten
(10) existing elementary schools within the City of Federal Way?
COMMITTEE Land Use and Transportation Committee
CATEGORY:
� Consent
❑ City Council Business
STAFF REPORT BY: Jesse �
❑ Ordinance
❑ Resolution
P.E., Senior Traffic
MEETING DATE: July 18, 2011
❑ Public Hearing
❑ Other
DEPT Public Warks
Attachments: Land Use and Transportation Committee memorandum dated July 18, 2011.
Options Considered:
1. Authorize staff to accept the grant funding under the Washington Traffic Safety Commission (WTSC)
funding for School Zone Flashing Beacon Installation at Nautilus Elementary School and School Zone
Flashing Beacon Retrofit Installations at ten (10) existing elementary schools within the City of Federal
Way.
2. Do not accept the grant funding under the Washington Traffic Safety Commission (WTSC) funding for
School Zone Flashing Beacon Installation at Nautilus Elementary School and School Zone Flashing
Beacon Retrofit Installations at ten (10) existing elementary schools within the City of Federal Way.
MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the August 2, 2011 City Council
Consent Agenda for approval.
MAYOR APPROVAL: __�1�%� DIRECTOR APPROVAL: �
'Commrtt e Council Committee Council
COMMITTEE RECOMMENDATION Forward Option 1 to the August 2, 2011 City Council Consent Agenda for
approval.
Linda Kochmar, Chair Jim F Member Jack Dovey, Member
PROPOSED COUNCIL MOTION "I move to authorize staff to accept the grant funding under the Washington
Traffic Safety Commission (WTSC) funding for School Zone Flashing Beacon Installation at Nautilus
Elementary School and School Zone Flashing Beacon Retrofit Installations at ten (10) existing elementary
schools within the City of Federal Way. "
(BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED(DEFERRED/NO ACT[ON Enactment reading
❑ MOVED TO SECOND READING (ordinances on[y) 14 ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
July 18, 2011
Land Use and Transportation Committee
Skip Priest, Mayor
Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Manage
Jesse Hannahs, P. E., Senior Traffic Engineer �� '�` ��
WA State Traffic Safety Committee — School Zone Flasher Grants Acceptance
BACKGROUND:
This memorandum provides the Council with the current status of the Washington Traffic Safety
Committee (WTSC) grant applications submitted in May 2011 as well as anticipated matching funds.
The WTSC has approved all eleven (11) applications which were submitted per City Council
authorization at the May 3, 2011 City Council meeting.
Funding Agency Project Title
Washington Traffic Safety Commission (WTSC)
• Nautilus Elementary
"School Zone Flashing Beacon Installation"
Washington Traffic Safety Commission (WTSC)
• Enterprise Elementary
"School Zone Flashing Beacon Retrofit Installation"
Washington Traffic Safety Commission (WTSC)
• Lake Grove Elementary
"School Zone Flashing Beacon Retrofit Installation"
Washington Traffic Safety Commission (WTSC)
• Mark Twain Elementary
"School Zone Flashing Beacon Retrofit Installation"
Washington Traffic Safety Commissian (W7'SC)
• Olympic View Elementary
"School Zone Flashing Beacon Retrofit Installation"
Washington Traffic Safety Commission (WTSC)
• Panther Lake Elementary
"School Zone Flashing Beacon Retrofit Installation"
Washington Traffic Safety Commission (WTSC)
• Mirror Lake Elementary
"School Zone Flashing Beacon Retrofit Installation"
Washington Traffic Safery Commission (WTSC)
• Brigadoon Elementary
"School Zone Flashing Beacon Retrofit Installation"
Estimated Grant
'roject �ost Fund
$14,000 $7,500
$3,500 $3,200
$3,500 $3,200
$3,500 $3,200
$5,250 $4,800
$1,750 $1,600
$3,500 $3,200
$3,500 $3,200
City Match
$6,500#
$300*
$300*
$300*
$450*
$150*
$300*
$300*
15
WA State Traffic Safety Committee — School Zone Flasher Grants Acceptance
7/11/2011
Page 2
Washington Traffic Safety Com`nission (WTSC)
• Green Gables Elementary
"School Zone Flashing Beacon Retrofit Installation"
Washington Traffic Safety Commission (WTSC)
• Twin Lakes Elementary
"School Zone Flashing Beacon Retrofit Installation"
Washington Traffic Safety Commission (WTSC)
• Sherwood Forest Elementary
"School Zone Flashing Beacon Retrofit Installation"
$5,250
$1,750
$3,500
$4,800 $450*
$1,600 $150*
$3,200 $300*
#= City matching costs are available within 2011 budgeted $20,000 for school zone safety within
Neighborhood Traffic Safety (NTS) program.
*= City matching costs will be equivalent to and replace typical summer preventative maintenance and
school zone flasher scheduling activities thus can be assumed within typical yearly maintenance budget.
cc: Project File
Day File
K:\LUTC\2011\07-18-I 1 WTSC - School Zone Flasher Grants AccepTance.doc
COUNCIL MEETING DATE: N/A
CITY OF FEDERAL WAY
ITEM #:
CITY COUNCIL
AGENDA BILL
SUBJECT: Surface Water Management CIP Overview
POLICY QUESTION N/A (Information Only)
COMMITTEE Land Use and Transportation Committee
CATEGORY:
❑ Consent
❑ City Council Business
�
�
Ordinance
Resolution
MEETING DATE: July 18, 2011
❑ Public Hearing
❑ Other
STAFF REPORT BY: William A leton P. E. Surface Water Mana er : Public Works
_...._..._.__.. ..........................................._...._PP............_........�..____........_...._�.....__......_..... ...._.........................................................__._g... _. . .._.................__..........._.............._.........._......_......_.............._._.................._._.......__.............._....._....... __........_............_...._._._.._...
���.�-�
Attachments: Land Use and Transportation Committee memorandum dated July 18, 2011.
Options Considered: N/A (Information Only)
MAYOR'S RECOMMENDATION: N/A (Information Only)
MAYOR APPROVAL:
Council
DIRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: N/A (Information Only)
�
Committee Council
N/A N/A N/A
Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member
PROPOSED COUNCIL MOTION: N/A (Information Only)
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED lsr reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/2010 RESOLUTION #
17
CITY OF FEDERAL WAY
MEMORANDUM
DATE: July 18, 2011
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor
FROM• Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management�%!�►�
' William Appleton, P.E., Surface Water Manager �----
SUBJECT: SWM CIP Overview
The mission of the City of Federal Way Surface Water Management Program is to protect public health
and safety; prevent property damage; protect; preserve and enhance surface water and associated habitats;
protect groundwater quality and quantity; and to protect and enhance surface water and sediment quality
by controlling and reducing harm from urban hydrologic changes and stormwater pollutants. The Capital
Improvement Project Program is one tool uszd by the Utility to help accomplish its mission.
The SWM CIP program focuses on identifying and implementing major capital projects that serve to
prevent or reduce flooding, minimize erosion and instability of streambeds, banks, and slopes; protect or
improve water quality and maintain or improve the reliability of the drainage system.
In 1994, the City developed a Comprehensive Surface Water Management Plan, which identified 42
individual CIP projects to be constructed beginning in 1995 through 2010, To date, all priority projects
identified in the afore mentioned plan have been completed and as a result, the City Of Federal Way
experiences only nuisance flooding during the most extreme rainfall events. Having reached the end of
the viable projects identified in the past comprehensive plan and given current financial constraints, the 6-
year CIP (20l 1-2017) is limited to the following projects:
Project 2011 2012 2013 2014 2015 2016 2017
Descri tion
Small CIP $222,000 $230,000 $274,000 $278,040 $283,000 $287,000 $252,000
West Hylebos $687,865* $400,000*
Land Ac uisition
S 356` Street $100,000 $50,000 $2,300,000*
RDF Retrofit
*Grant funds are included
The SWM Utility is entering a project identification and prioritization phase that will last through 2013.
With all past significant flooding issues resolved and an adequate stormwater conveyance system in
place, SWM is now focusing its attention on two primary areas to evaluate with respect to the need for
potential capital improvement projects: asset management/conditional assessment and water
quality/habitat restoration & preservation.
Asset Mana�ement/Conditional Assessment: SWM will evaluate and rate the condition of our
conveyance, detention and water quality systems with the goal of identifying, scheduling and
repairing facilities before they fail. This approach will allow the utility to be proactive with
respect to the challenges presented by our aging infrastructure and consequently more efficient
with respect to repair costs and schedule. Meeting both NPDES and GASB34 requirements will
be facilitated by this program. It is expected that numerous major CIP projects will be identified
as this program progresses.
18
Water Qualitv and Habitat Restoration: In order to remain in compliance with its NPDES Phase II
Permit, leverage available grant funding, and continue to be in step with the regional effort to
restore Puget Sound, SWM will evaluate water qualiTy and habitat restoration projects within the
City that will preserve and enhance the City's riparian corridors, wetlands and lakes. Use of Low
Impact Development within the City of Federal Way to address both stormwater runoff and water
quality will be integral to future CIP projects identified within this category.
A new list of prioritized projects will be developed as the above asset management/conditional
assessment program and evaluations are completed; this list will be brought before the City Council in
2013 for their review, prioritization, scheduling. SWM expects that the conditional assessment program
alone will generate a multitude of CIP restoration/replacement projects given the age of our stormwater
infrastructure. Given current fiscal projections, a future (2015-2017) SWM rate increase will be
necessary to support any new/additional CIP projects or for funds to match future State or Federal grants.
19
COUNCIL MEETING DATE: August 2, 2011
CITY OF FEDERAL WAY
ITEM #:
CITY COUNCIL
AGENDA BILL
SUB.TECT: Property Acquisition for the S 356 Street RDF Retrofit Project
POLICY QUESTION Should the Surface Water Utility purchase surplus property from the General Fund in order
to construct the S 356�` Street RDF Retrofit Project?
COMMITTEE Land Use and Transportation Committee
CATEGORY:
� Consent
❑ City Council Business
MEETING DATE: 7uly 18, 2011
❑ Ordinance
❑ Resolution
❑ Public Hearing
❑ Other
STAFF REPORT BY: William A leton P. E. Surface Water Mana er T: Public Works
PP......._ ..............�...._....._.._..._...�._........_............__......._...................._.................................. g_...... . .........._._....................................._..__.._............._................_......_........_......._................._._...._...._........__.._..._......_.............__.._
__ ____ _ _ _. ...._ _ . ��'��
Attachments: Land Use and Transportation Committee memorandum dated July 18, 20ll .
Options Considered:
1. Approve the purchase of the subject surplus property from the General Fund in 2013, by the Surface Water
Utility, in the amount of $800,000.
2. Approve the use of the subject surplus property for the S. 356 Street RDF Retrofit Project at no cost to the
Surface Water Utility.
__ _ .................._............._..........................._...
MAYOR'S RECOMMENDATION The Mayor recommends forwarding Option 1 to the August 2, 2011 City Council
consent agenda for approval.
MAYOR APPROVAL: � DIRECTOR APPROVAL: �
Committee Council Committee Council
COMMITTEE RECOMMENDATION: Forward Option 1 to the August 2, 2011 City Council consent agenda for
approval.
L inda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member
PROPOSED COUNCIL MOTION `7 move to approve the purchase of the subject surplus property, located
immediately south of the S 3�6' Street RDF, from the General Fund in 2013, by the Surface Water Utility, in the
amount of $800, 000. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNC[L BILL #
❑ DENIED isr reading
❑ TABLED/DEFERRED/l�`O ACTION Enactment reading
❑ MOVED TO SECOND READING (ordrnances only) ORDINANCE #
RE V ISED — 08! 12/2010 2 � RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: July 18, 2011
TO: Land Use and Transportation Committee
VIA: Skip Priest, Mayor /,
FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management i��
William Appleton, P.E., Surface Water Manager �—
SUBJECT• Utilization of City Of Federal Way Surplus Property for the Construction of the S. 356` Street RDF
" Retrofit Project
BACKGROUND
On June 21 2011, City Council authorized staff to accept a$1,000,000 grant from Washington State Department of
Ecology (DOE) and to add the S 356` Street retrofit project to the SWM CIP.
The S 356 Street RDF retrofit project will be constructed by the Surface Water Utility on City owned property that
is located south of the existing S 356` RDF and north of the newly aligned intersection of S 356` Street and Pacific
Highway South (Figure l). The property is 2.56 acres and is made up of surplus ROW (0.9 acres) and residual land
from the purchase of the Qualebeck property (1.66 acres), which was acquired in order to construct the S 356`�' Street
and Pacific Highway South intersection realignment project. The property is within the CE (commercial enterprise)
zone and staff estimates the value of the property at $800,000 (based on an MIA appraisal performed on a similar
nearby property and known utility encumbrances).
2011 2012 2013 Total
Project Revenues
Re-appropriated from SWM Unallocated $100,000 $50,000 $1,300,000 $1,450,000
Grants $1 000 000 $1,000,000
Total Revenues $2,450,000
Project Expenditures
Consulting Services $100,000 $50,000 $150,000
Land Acquisition (Vacated ROW) $$00,000 $800,000
Estimated Construction Cost $1,500,000 $1,500,000
Total Expenditures $2,450,000
The Surface Water Management (SWM) utility is a self supporting enterprise fund that operates on utility revenue
from residential and commercial customers. State law requires that utility funds be used only for utility purposes.
The SWM utility pays approximately $350,000 into the General Fund annually for services necessary to perform its
required functions; services include office space, administration, fleet management, and IT support, etc. The Utility
also funds positions within the Public Works Department that are outside of the Utility and perform functions related
to or in support of surface water management.
While the City's General Fund can contribute to Utility operations, historically the policy has been not to. Therefore,
purchase of the subject property from the City by the SWM utility would be consistent with past policy. The subject
property has become available through the construction of the S 356` StreetlPacific Highway South Intersection
Realignment Project.
Financial Impacts:
A financial analysis of the SWM Utility was conducted for two project scenarios, the first assuming that the Utility
purchases the subject property from the General Fund and the other assuming that the property is provided to the
Utility at no cost. Under the first scenario, the Utility would remain financially sound through 2015 (emergency
operational reserves do not drop below $1,000,000). Under the second scenario the Utility would remain financially
sound through the middle of 2017. Staff will present a brief overview of the SWM rate analysis during the
presentation of this topic.
21
COUNCIL MEETING DATE: September 6, 2011 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT Animal kennels and animal care facilities in the Neighborhood Business, Community Business, and Commercial
Enterprise zones
POLICY QUESTION Should the City amend the Federal Way Revised Code (FWRC) to establish a new definition for
animal care facility and animal kennels and adopt new development regulations for allowing animal care facilities and
animal kennels in the Neighborhood Business zone and make related changes to the Community Business and Commercial
Enterprise zone to make the code sections consistent?
COMMITTEE:
CATEGORY:
❑ Consent
� Ordinance
❑ City Council Business ❑ Resolution
STAFF REPORT BY: Principal Planner Margaret H. Clark AICP
MEETING DATE July 18 , ZO11
❑ Public Hearing
❑ Other
DEP'[': Community and Economic
_...._._....__.._..._..----._._..._...._.........._ ............................................_..........................................................................................._.._......_....._...._._.__..._........_.._.__.......
Background: The Federal Way Revised Code (FWRC) requires the City to accept applications for code amendments on an
annual basis. In September 2009, the City received a request from Jon Moore to amend FWRC Chapter 10.215, "Neighborhood
Business (Bl�," to allow kennels, dog day care, and pet training in the Neighborhood Business (BI� zone. This request was
presented to the Land Use/Transportation Committee (LUTC) and City Council on March 7, 2011, and April 5, 2011
respectively, and was selected to be part of the 2011 Planning Commission Work Program. The Planning Commission conducted
a public hearing on May 18, 2011, at the close of which they recommended to the council approval of the staffrecommendation
with one modification to prohibit breeding of animals in the BN zone.
Attachments: 1) Draft Adoption Ordinance; 2) Staff Report to the Planning Commission with E�chibits A-I; 4) Minutes of the
May 18, 2011, Planning Commission Public Hearing.
Options Considered: 1) Adopt the Mayor's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Mayor's
recommendarion as further amended by the LUTC; 3) Do not adopt the Mayor's recommendation ._ ______ _________________.._....
MAYOR'S RECOMMENDATION The Mayor recommends adoption of the proposed amendments as written in the Draft
Ordinance. ,.-„-�
MAYOR APPROVAL' DIRECTOR APPROVAL: ��
. ommi ee Council ittee Council
COMMI7"CEE RECOMMENDATION I move to fonvard the proposed ordinance to First Reading on September 6, 2011.
Committee Chair Committee Member Committee Me mber
PROPOSED COUNCIL MOTION(S):
1 READING OF ORDINANCE (September 6 , 2011): 1 move to fonvard approval of the ordinance to the September 20,
2011, Council Meeting for adoption.
2 READING OF ORDINANCE (September 20 2011): `7 move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY C/TY CLERKS OFF/CE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1sT reading
❑ TABLED/DEFERRED/NO AC'CION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REV ISED - 08/ 12/2010 2 2 RESOLUTION #
Land Use/Transportation Committee
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to allowing animal kennels and animal care facilities in the Neighborhood
Business, Community Business, and Commercial Enterprise zones;
amending FWRC 19.215.040, 19.220.040 and 19.240.100. (Amending
Ordinance Nos. 90-43, 93-170, 96-270, 97-291, 01-385, 01-399, 03-443,
OS-506, 07-559, 08-585, 09-604 and 09-605)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way
Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law,
codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve
the efficiency of the regulations and the development review process; and
WHEREAS, this ordinance, containing amendments to development regulations and the text of Title
19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 1935
FWRC; and
WI-IEREAS, it is in the public interest far the City Council to amend the FWRC to establish a new
definition for animal care facility and animal kennels and to adopt new development regulations for
allowing animal care facilities and animal kennels in the Neighborhood Business (BN) zone within the
City of Federal Way; and
WHEREAS, it is in the public interest for the City Council to amend the FWRC to modify e�sting
regulations related to allowing animal care facilities and animal kennels in the Community Business (BC)
and Commercial Enterprise (CE) zones in order to more easily enfarce noise and to make regulation of
noise consistent with the regulations for such use in the Neighborhood Business (BN) zone; and
WHEREAS, allowing animal day care and animal kennels in the BN zone is appropriate given that
the 14 BN-zoned nodes are located adjacent to neighborhoods; and
WHEREAS, allowing animal day care and animal kennels in the BN zone would fulfill a need for
such services in close proximity to residential uses as well as help the local economy, and;
Ordinance No. I1-
Page 1 of 8
Rev I/10 LU
23
WHEREAS, requiring that animal kennels and animal care facilities be designed so that the
maximum permissible noise levels from outdoor runs and other open areas comply with the provisions of
FWRC 7.10.050, which is consistent with state law, will adequately mitigate any potential noise impacts
on adjacent uses; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the
Proposal on April 29, 2011, and no comments ar appeals were received and the DNS was finalized on
May 30, 2011; and
WI-�REAS, the Planning Commission conducted a duly noticed public hearing on these code
amendments on May 18, 2011, and forwarded a recommendation of approval to the Land Use
Transportation Committee with one modification to prohibit breeding of animals in the BN zone; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered
these code amendments on July 18, 2011, and recommended adoption of the text amendments as
recommended by the Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section l. Findin�s. The City Council of the City of Federal Way makes the following findings with
respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and will benefit the
City as a whole because they would assist in creating new jobs, thus encouraging economic development
while ensuring that animal care facilities and animal kennels are compatible with surrounding
neighborhoods.
(b) These code amendments comply with Chapter 36.70A RCW, Growth Management.
(c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will
implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan
(FWCP).
Ordinance No. I1-
Page z of s
Rev 1/10 LU
24
(d) These code amendments bear a substantial relationship to, and will protect and not adversely
affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the FWRC.
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 1935 FWRC, and based upon
the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following
Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed
amendments:
(a) The proposed FWRC amendments are consistent with, and substantially implement, the following
FWCP goals and policies:
LUP6 Conduct regular reviews of development regulations to determine how to
improve upon the permit review process.
LUP44 Encourage neighborhood retail and personal services to locate at appropriate
locations where local economic demand and design solutions demonstrate compatibility with
the neighborhood.
LUP46 Neighborhood Business centers should consist of neighborhood scale retail and
personal services.
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.
(b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and
welfare because they would allow animal care facilities and animal kennels in the BN zone, thus allowing
the location of a service in close proximity to potential customers and reducing the need to commute to
and from such a service if it was located only in the BC or CE zones.
(c) The proposed amendments are in the best interest of the public and the residents of the City of
Federal Way because they would aid in economic development by providing the opportunity for location
Ordinance No. 11-
Page 3 of 8
Rev U(0 LU
25
of such businesses in any of the 14 neighborhood nodes. They are also in the best interest of the public
and the residents of the City because they should result in more consistent enforcement of noise
associated with outdoor runs associated with animal care facilities or animal kennels.
Section 3 . FWRC 19.05.010 A definitions -- is hereby amended to add a new section to read as
follows:
............................
"Animal care facilitv" — See definition of "Animal kennel."
"Animal kennel" means anv structure or premises in which animals are boarded (includin�
da,�re) or bred for a fee or compensation Animal kennels mav also offer groomin�, tramm�,
sales of ancillary items and related activities.
Section 4 . FWRC 19.215.040, "Schools — Day care facilities, commercial," is hereby amended to read
as follows:
Ordinance No. 11-
Page 4 of 8
Rev 1/10 LU
26
19.215.040 Schools — Day care facilities, commercial -- Animal kennels or animal care facilities.
TI
ie followin uses shall be ermitted in the nei hborhood business (BN zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
O DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
F Minimums
a N Re uired Yards ;
� o � ZONE
w �°'
a ,��, a ^ � o � ,��, � BN
a„'� � C y � ,� U a.,,y
USE �� � w � � x� � a SPECIAL REGULATIONS AND NOTES
SChools SCho01s: 7,200 Schools for 50 ot 55 ft. above Determined 1. Day care facilities must contain an outdoor play area with at least 75 sq. ft. for each child using the uea at any one time.
proCess III sq. ft. more attendees: average on a Case-by- This play area must be completely enclosed by a solid fence or other screen at least six ft. in height. Play equipment and
Day care 50 ft. 50 ft. 50 ft. building case basis shuctured play areas must be set back at least five ft. from each property line.
faCilities, Da Caze elevation for 2. School, ea� day care facilities. animal kennels. or animal caze facilities may include one accessory living facility.
Y Otherwise: 3. Day caze facilides and schools must comply with the requiremenu of the State Department of Social and Health Services
commercial facilities, 20 ft. 20 ft. 20 ft. gYms if and/or the State Superintendent of Public Instruction.
CommetClal; loCated 100 4. All activities ertainin to schools, such as auto-re air or other uses that ma im act ad'acent ro erties, must take lace
Day caze for 13 or P g P y p � P P p
Animal Animal ft. or more within an enclosed buiiding.
more attendees:
kennels or kennels or from 3n 5 Animal kermels and animal caze facilities must be desiQned so that the maximum nermissible noise levels from outdoor
20 ft. 20 ft. 20 ft. runs and other o en azeas com lv with the orovisions of FWRC 7 10 O50 and such outdoor azeas shall be screened from
animal caze animal care adjacent P p
Otherwise: adiacent ro erties by 10 ft of Tvpe III landsca i�nQ as defined b�Chaoter 19 125 FWRC or �reater buffer as recLuired
facilities Process II or residential
20 ft. 5 ft. 10 ft. erein.
faCllttieS wlth SEPA. Zotte 3 6. If any portion of a structure on the subject property is located less than 100 ft. from an adjacent residential zone, then
10 Process III that poRion of the structure shall not exceed 30 R. above average building elevation and the structure shall be set back a
breedine of Outdoor uses for 35 ft. above minimum oF20 R. from the property line of the residential zone.
animals are animals, SuCh as average 6 7. For schools, with the exception of gyms, the height of a shucture may exceed 35 ft. above average building elevation ro
allowed : open-air kennels, building a maximum of 40 ft., if all of the following criteria aze met:
runs, training_yards, elevation for a. The swcture is located 100 ft. or more from an adjacent residential zone.
or Show faCilities all other b. The additional height is necessary to accommodate the particulaz use conducted in the building; and,
shall be set back 20 Structures c. Each required yard abutting the structure is increased five ft. for each one ft. the structure exceeds 35 ft. above average
ft. from any propertV building elevation; and
line d. The increased height is consistent with goals and policies for the azea of the subject propeRy as established by the
See notes 3 6 comprehensive plan.
—� 8 7 8. For schools, including gyms, an increase in height above 35 ft. shall not block views designated by the comprehensive
See notes 5, 6 and plan.
�$11 S 9. 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.
9 10. For community design guidelines that apply to the project, see Chap[er 19.115 FWRC.
18 I1. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
}� 12. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
-1� 13. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property.
d-3 14. Site design, including the location of pazking and passenger loading areas shall be designed to reduce impac[s on
nearb residential areas.
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 19110.050 et seq.
Chapter 19.70 FWRC respectively. For details regazding required yards, see FWRC 19.125.160 et seq.
Ordinance No. 11- Page 5 of 8
Rev 1/10 LU
Section 5. FWRC 19.220.040, "Schools — Day care facilities, commercial — Animal kennels," is hereby amended to read as follows:
19.220.040 Schools — Day care facilities, commercial — Animal kennels.
The followin� uses shall be uermitted in the communitv business BC) zone
USE
z Di�c
O
F
d "
�
� °
W N a
� 3
� '3.?�
��
ect to the
USE ZONE CHART
FIRST, read down to find
Minimums
Required Yazds
U
� �
� �
o �o
� w � z
w
� f.�i
��
x�
55 ft.
above
Schools;
business,
vocational,
or trade
SChOOIS
Day care
facilities,
commercial
N f�I111113�
0° kennels or
animal care
facilities
35 ft.
See notes 2, 4, 8, above
and 11 average
building
elevation
(AABE),
to 55 ft.
AABE, for
all other
structures
See notes 1
—3
Process I, II, III and N aze described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chap[er 19.70 FWRC respectively.
Process None 20 ft. 0 ft. 0 ft.
II or Except 20
�'�� ft. along average
SEPA, residential building
Process zones elevation
III Outdoor uses for for�gyms if
animals, such as �ocated
open-air kennels, 100 ft. or
runs, training more from
yards, or show an adjacent
facilities, shall be residential
set back 20 ft.
from any property zone
line
EN, across for REGULATIONS
�3
�
� �
Gq
�Q x
�a
and notes set forth in this section:
ZONE
BC
SPECIAL REGULATIONS AND NOTES
DetOrntitted on 1. Building height may not exceed 30 ft. AABE when located within 100 ft. of a residential zone.
a case-by-case 2• Except for gyms, if approved by the director of community development services, the height of a structure may exceed 35 ft. above average building
basis elevation (AABE), to a maximum of 55 ft. AABE, if all of the following criteria are met: (a) The additional height is necessary to accommodate the
structural, equipment, or operational needs of the use condncted in the building, and/or all ground floor spaces have a minimum floorvto-ceiling height of
13 R. and a minimum depth of 15 ft.; (b) Height complies with note 1; (c) Height over 35 ft. is set back from non-residential zones by one ft. for each
one ft. of height over 35 ft.; and (d) Roof lines aze designed to avoid a predominandy flat and featureless appeazance through variations in roof height,
forms, angles, and materials.
3. For any structure, including gyms, an increase in height above 35 ft. shall not block views designated by the comprehensive plan.
4. Day caze facilities must contain an outdoor play area with at least 75 sq. ft. for each child using the azea at any one time. This play azea must be
completely enclosed by a solid fence or other screen at least six ft. in height. Play equipment and structured play areas must be set back at least five ft.
from each property line.
5. Day caze facilities, animal kennels, or and animal caze facilities may include accessory living facilities as defined by FWRC 19.05.010.
6. Day caze facilities and schools must comply with the requirements of the State Department of Social and Health Services and/or the State
Superintendent of Public Instruction.
7. All activities pertaining to schools, business or vocational schools, or trade schools, such as auto-repair or other uses that may impact adjacent
properties, must take place within an enclosed building.
8. Animal kennels and animal caze facilities must be designed so that
the maximum
permissible noise levels from outdoor runs and other open azeas complv with the provisions of FWRC 7.10.050, and such outdoor areas shall be screened
from adjacent properties by 10 ft. of Type III landscaping, as defined by Chapter 19.125 FWRC, or greater buffer as required therein.
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.
10. For community design guidelines that apply to the project, see Chapter 19.115 FWRC.
1]. For landscaping requirements that apply to the project, see Chapter 19125 FWRC.
12. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
13. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property.
14. Site design, including the location of pazking and passenger loading ueas shali be designed to reduce impacts on neazby residential ueas.
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.
Ordinance No. 11- Page 6 of 8
Rev 1/10 LU
Section 6. FWRC. 19.240.100, "Business, vocational, trade schools — Day care facilities, commercial — Animal kennels," is hereby amended
to read as follows:
19.240.100 Business, vocational, trade schools — Day care facilities, commercial — Animal kennels.
The followin uses shall be ermitted in the commercial ente rise CE zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
O DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
.. Minimums
a y Re uired Yards � ZONE
� o � v a,
� � � � � � o °: � � CF'.
.a.•� � c a� � '� , o� � a.�
USE �� a w �� � x� � a SPECIAL REGULATIONS AND NOTES
Business ProcesS II None 20 ft. See note 40 ft. Determined 1. Minimum side and reaz yards shall be 20 ft. along residential zones and 10 ft. along all other zones.
schools, or with 1 above on a Case- Z. If approved by the director of community development services, the height of a structure may exceed 40 ft. above average building elevation
voCational SEPA, Outdoor use average by-case ��E), to a maximum of 55 ft. AABE, if all of the following criteria aze met: (a) The increased height is necessary to accommodate the
Schools, trade PI'ocess azeas for building basis structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor spaces have a minimum floor-to-ceiling
sChools III animals, such as elevation height of 13 ft. and a minimum depth of IS ft.; (b) Height complies with note 3; (c) Height over 40 ft. is set back from non-residential zones by
one additional ft. for each one ft. of height over 40 ft.; and (d) Roof lines aze designed to avoid a predominantly flat and featureless appearance
open-air (AABE), through variations in roof height, forms, angles, and materials.
Day caze kennels, runs, to 55 ft. 3. Building height may not exceed 30 ft. AABE when located within 100 ft. of a residential zone.
faCilities, training yazds, or AABE 4. Any activities operated by business, vocational, or hade schools, that may impact adjacent propedies, such as auto repair or painting, must take
commeiCial ShOw faCilities, place within an enclosed building.
shall be set back See notes 5. Day care facilities must contain an outdoor play area with at least 75 sq. ft, for each child using the azea at any one time. This play azea must be
Animal k0nnels 20 ft. from any 2 and 3 completely enclosed by a solid fence or other approved screen at least six ft. in height. Play equipment and structured play azeas may no[ be
located in a required yazd.
animal Caze pioperty line 6. Day caze facilities must comply with all applicabie state and outside agency licensing, ceRifications, or other applicable requirements.
faCilities Day caze facilities, animal kennels, or an� animal care facilities may include accessory living facilities as defined by FWRC 19.OSA10.
See notes 8 and 8. Animal kennels and animal caze facilities must be designed so that
13 . . . . ;
the maximum permissible �oise levels from outdoor runs and other onen areas comQlv with the provisions of FWRC 7 10 O50 and such outdoor
areas shall be screened from adjacent properties by 10 R. of Type III landscaping, as defined by Chapter 19.125 FWRC, or greater buffer as
required therein.
9. Site design, including the location of pazking and passenger loading areas shall be designed to reduce impacts on nearby residential areas.
10. No maximum lot coverage applies. Instead, the buildable azea will be determined by other site development regulations, i.e., required yazds,
landscaping, surface water facilities, etc.
I1. For regulations pertaining to outdoor use, activity and storage, refer to FWRC 19.125.170.
12. For community design guidelines that apply to the project, see Chapter 19.115 FWRC.
13. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
14. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
15. For other provisions of this chapter that may apply to the subject property, see Chapter 19.265 FWRC.
Process I, II, III and IV are described in
Chapter 19.55 FWRC, For other information about pazking and pazking areas, see Chapter 19130 FWRC.
Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter t9.65 FWRC, For details regazding required yazds, see FWRC 19125.160 et seq.
Chapter 19.70 FWRC respectively.
N
�O
Ordinance No. 11- Page 7 of 8
Rev 1/10 LU
Section 7. Severabilitv. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 10. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way this day of
20 .
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
K:�2011 Code Amendments�I{ennels, Dog Day Caze, Pet Training�L.UTC\Ordinance.doc
Ordinance No. 11-
Page 8 of 8
Rev U10 LU
30
City of Federal Way
PLANNING COMMISSION
May 18, 2011
7:00 p.m.
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
Apri120, 2011
4. AUDIENCE COMMENT
5. ADMINISTRATIVE REPORT
6. COMMISSION BUSINESS
City Hall
Council Chambers
• PUBLIC HEARING
Proposed Amendments Related to Allowing Animal Kennels and
Animal Care Facilities in the Neighborhood Business (BN) Zone
• STUDY SESSION
Bicycle and Pedestrian Master Plan
7. ADDITIONAL BUSINESS
8. ADJOURN
Commissioners C1ty Staff
Merle Pfeifer, Chair Hope Elder, Vice-Chair Patrick Doherty, Director of Community & Economic Development
Lawson Bronson Wayne Carlson Margaret Clark, Principal Planner
Tom Medhurst Sarady Long E. Tina Piety, Administrative Assistant
Tim O'Netl 253-835-2601
31 ivww. citvoffederalwav. com
K:�Planning Commission�201IWgenda OS-18-I l.doc
CITY OF FEDERAL WAY
PLANNiNG COMMISSION
April 20, 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. Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret
Clark, Associate Planner, City Traffic Engineer Rick Perez, and Administrative Assistant II Tina Piety.
CALL TO ORDER
Chair Pfeifer called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
The minutes of July 7, 2010, and November 3, 2010, were approved as presented.
AUDIENCE COMMENT
Roger Flagar — He has property in the Twin Lakes Sub-Area Plan area. He attended the meeting
last week on the plan and was pleased by the citizen comments and interaction between citizens,
consultants, and staff.
ADMINISTRATNE REPORT
Mr. Conlen welcomed the Commissioners back. He stated that given the 2011 Planning Commission
Work Program, they should be busy from this point on.
COMMISSION BUSINESS
ELECTIONS
Hope Elder was nominated for Vice-Chair. The vote was held and she was unanimously elected. Merle
Pfeiffer was nominated for Chair. The vote was held and he was unanimously e(ected.
The order of the remaining business items were switched in order to allow Mr. Perez to leave for another
meeting.
STUDY SESSION — Update on Communities Putting Prevention to Work (CPPV� Grant
Complete Streets �
Mr. Perez delivered the staff presentation. The concept is to provide roadways that work for all modes of
transportation (motor vehicle, bicycle, and pedestrian). Staff is seeking direction as to whether Complete
Streets concepts should be a policy, ordinance, or resolution. The goal of the CPPW is for the city to have
an adopted policy. They have an emphasis on bicycles and pedestrians. Federal Way street standards
approach complete streets but would have to change to fully meet the concepts.
K:�Planning Commission�20114�tee[ing Summary 04-20-I I.doc
32
Planning Commission Minutes Page 2 Apri120, 2011
Vice-Chair Hope expressed her concern about proposed transit cutbacks. Mr. Perez responded that
Council Member Burbidge is on the King County Regional Transportation Committee and is expressing
Federal Way's concerns about the proposed cutbacks. There will be a presentation at the May 3 � d C1Ty
Council meeting about the proposed cutbacks.
Vice-Chair Hope commented that it is her understanding the federal grants do not require bike lanes. Mr.
Perez responded that neither the federal nor state government requires bike lanes. One question to
consider is where it is feasible to add bike lanes. Should the city attempt to add them to 320`�'? That would
require buying up houses or reducing lane widths. Currently the city has a disjointed bicycle network that
would likely have more use once it is filled in.
Commissioner Carlson asked if the city is looking at strategies for new road connections. Mr. Perez
replied there are a few planned new connections. Commissioner Long commented that there are conflicts
between Complete Streets and the Growth Management AcYs (GMA) concurrency requirements. Mr.
Perez commented that there are competing interests and it will be a challenge to balance them.
Chair Pfeiffer expressed concern over who will pay for new bike lanes. Bicyclists use them, but are not
licensed and therefore, do not contribute to paying for them. He suggested the city consider a bicycle user
fee or license. He also commented that he feels the Complete Streets concepts should be a policy and not
set in stone through an ordinance. Other Commissioners expressed concerns over funding. Commission
Bronson commented that when he lived in California he paid for a bicycle license and had no problem
with doing so. Mr. Perez commented that while he is not against a bicycle license, the question becomes
how far do we go? Should pedestrians pay a user tax for sidewalks?
Overview of the CPPW Grant
Ms. Clark stated that the City applied for and received a grant for $180,000 as well as consulting help
from Public Health — Seattle & King County. The application was under the Healthy Eating Active Living
(HEAL) portion of the grant and was specifically to prepare a city-wide bicycle and pedestrian master
plan and to prepare a model sub-area plan for the Neighborhood Business (BN) zoned area in the vicinity
of 21 Avenue and SW Campus Drive. A condition of receiving the grant was to also develop strategies
to increase access to healthy food in Federal Way.
The Growth Management Act (GMA) requires that jurisdictions adopt policies and plans that increase
physical activity. Therefore, work under this grant will address a required element of the next major
comprehensive plan update. In addition, the 2010 Planning Commission Work Progam included
evaluation of the existing Neighborhood Business (BN) zones. The sub-area plan for this BN zone will
serve as a model for the other BN-zoned areas. The term of the grant contract is from July 21, 2010, to
March 19, 2012, a 20-month period.
Twin Lakes Sub-Area Plan
Mr. Herrera delivered the staff presentation. The CPPW grant is intended to address leading causes of
death. The subarea planning effort will help define how to build upon the neighborhood's existing assets
and address current challenges to encourage the development of a model healthy community. The city is
not seeking to force people into a"healthy" lifestyle, but to provide options. The city intends this to be a
community plan with input from community members and stakeholders. Last week the Stakeholders kick-
off ineeting was held. The next meeting is scheduled for May 11`�' in City Hall Council Chambers. There
will be workshops held within the proposed subarea.
Mr. Herrera commented that the subarea boundaries shown in the agenda packet material are still in the
draft stage and could change. Commissioner O'Neil commented that this would be a great project to add
K:�Planning Commission�20ll�Mee[ing Summary 04-20.11.doc
33
Planning Commission Minutes Page 3 April 20, 2011
bicycle and walking paths. Mr. Herrera commented that the proposed subarea is close to the BPA Trail.
They are not connected, but it is something people want to happen.
Commissioner Medhurst asked if the city will be sponsoring community gardens. Mr. Herrera replied that
currently the city does not sponsor community gardens. According to city code, a community garden
cannot be a principal (or stand-alone) use, but must be an accessory to another use, say a school. Ms.
Clark commented that there are two schools with community gardens. The city is considering them in
order to encourage healthy eating. There are funding issues to consider, such as irrigation, potable water,
and a caretaker. Staff will be researching the issue.
STUDY SESSION — Update on 2011 Planning Commission Work Program
Ms. Clark delivered the staff presentation. The City Council approved the 2011 Planning Commission
Work Program on April 5, 2011. Thirteen code amendments were completed in 2010. There is 1.5 FTE
Long Range planning staf£ Current planning staff will assist as time allows. In addition to the Work
Program, the city's parks plan needs to be updated in 2012 and long range staff will be asked to assist.
ADDITIONAL BUSINESS
None
ADJOURN
The meeting was adjourned at 9:00 p.m.
K:�Planning Commission�2011Vvteeung Summary 04-20-I l.doc
34
�
CITV OF
�'ederal Way
STAFF REPORT TO THE PLANNING COMMISSION
Amendment to Federal Way Revised Code to Allow Animal Kennels and
Animal Care Facilities in the Neighborhood Business (Bl� Zone
File No's: 11-101610-00-SE & 09-103760-00-UP
Public Hearing of May 18, 2011
I. REASON FOR AMENDMENTS
The Federal Way Revised Code (FWRC) requires the Ciry to accept applications for code
amendments on an annual basis. In September 2009, the City received a request from Jon Moore
to amend FWRC Chapter 10.215, "Neighborhood Business (BN)," to allow kennels, dog day
care, and pet training in the Neighborhood Business (BN) zone. This request was presented to the
Land Use/Transportation Committee (LUTC) and City Council on March 7, 2011, and Apri15,
2011 respectively, and was selected to be part of the 2011 Planning Commission Work Program.
II. BACKGROUND AND ANALYSIS
A. Existing Code Language
The FWRC allows animal kennels and animal care facilities in the BC zone (E�chibit A) and
the Commercial Enterprise (CE) Zone (Exhibit B). The existing following regulations for this
use in both zones are intended to mitigate any adverse impacts associated with the use:
1. Outdoor uses for animals, such as open-air kennels, runs, training yards, or show
facilities, shall be set back 20 feet from any property line.
2. Animal kennels and care facilities must be designed so that no sustained noise from
outdoor runs and other open areas will be audible off the subject property, based on a
certificate to this effect signed by an acoustical engineer and filed with the development
permit application and such outdoor areas shall be screened from adjacent properties by
10 feet of Type III landscaping, as defined by Chapter 19.125 FWRC, or greater buffer as
required therein.
B. Research from Other Cities
As part of the background research, staff contacted the cities of Kent, Auburn, Tukwila,
Burien, Des Moines, Sea-Tac, Spokane Valley, and Renton to determine if animal care
facilities were allowed in their neighborhood business zones (Exhibit C). Only Sea-Tac and
Spokane Valley allowed this use. Sea-Tac allows the use with no restrictions, whereas
Spokane Valley allows the use based on them having no outdoor runs and meeting the noise
standards as identified by WAC 173-60-040, which is the state adopted maximum
environmental noise levels.
35
C. Rationale for Proposed Change
The Federal Way Comprehensive Plan (FWCP) states:
"There are 14 various sized nodes of Neighborhood Business located throughout
the City. These nodes are areas that provide retail and/or services to adjacent
residential areas.... Neighborhood Business areas are intended to provide
convenient goods (e.g., groceries and hardware) and services (e.g., dry cleaners,
dentist, bank) at a pedestrian and neighborhood scale close to adjacent residential
uses."
Allowing animal day care and animal kennels in the BN zones seems logical given the
location of the 14 BN-zoned nodes adjacent to neighborhoods (E�cY►ibit D). In addition,
according to the Doggy Daycare Tips & Information website, the demand for dog day-care
businesses is on the rise as more American families welcome dog companions into the
household. The site stated that even a home-based dog daycare business can earn as much as
$100 to $300 a day. Therefore, allowing this use in the BN zone would not only fulfill a need
but help the local economy.
Staff, therefore, recommends allowing animal care facility and animal kennels in the BN zone
subject to the existing regulations for this use in the BC and CE zones as amended for noise
impacts (E�ibit E and discussed in the following section).
D. Other Proposed Changes
While reviewing the existing BC and CE Use Zone Charts, staff observed that there was no
definition for animal kennels or animal care facilities. Therefore, the following definition is
being proposed (Eachibit F):
"Animal care facility" — See definition of "Animal kennel."
"Animal kennel" means anv structure or�remises in which animals are boarded
�including day care) or bred for a fee or compensation Animal kennels mav also
offer �rooming trainin� sales of ancillarv items and related activrt�es.
Staff also observed that the existing language related to regulating noise associated with
outdoor runs and other open areas may be problematic to enforce, because it states that no
sustained noise from outdoor runs and other open areas should be audible off the subject
property; however, there is no definition of "sustained." Staff, therefore, recommends that we
require compliance with the maximum permissible noise standards as adopted by the sta.te,
and subsequently by the City (E�ibit G). Therefore, the following change is being proposed:
"Animal kennels and animal care facilities must be designed so that ��e�
,
�'� a '+� *� a � ��+ ����+ � ��a�= the maximum permissible noise
levels from outdoor runs and other o�en azeas complv with the provisions of
FWRC 7.10.050, and such outdoor areas shall be screened from adjacent
properties by 10 ft. of Type III landscaping, as defined by Chapter 19.125
FWRC, or geater buffer as required therein."
Staff Report to the Planning Commission
Animal Kennels and Animal Care Facilities in BN Zone
Page 2
Files No's: 11-101610-00-SE & 09-103760-00-UP
36
III. PROCEDURAL SUMMARY
4/29/11 Issuance of Determination of Nonsignificance (DNS) pursuant to the State
Environmental Policy Act (SEPA)
5/16/11 End of SEPA Comment Period
5/30/11 End of SEPA Appeal Period
5/18/11 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.
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
19.80.134. The City may amend the text of the FWRC only if it finds that:
1. The proposed amendment is consistent with the applicable provisions of the
comprehensive plan.
The proposed options for the FWRC text amendment are consistent with the following FWCP
policies and goals:
LUP6 Conduct regular reviews of development regulations to determine how to
improve upon the permit review process.
Staff Report to the Planning Commission Page 3
Animal Kennels and Animal Care Facilities in BN Zone Files No's: 11-101610-00-SE & 09-103760-00-UP
37
LUP44 Encourage neighborhood retail and personal services to locate at appropriate
locations where local economic demand and design solutions demonstrate
compatibility with the neighborhood.
LUP46 Neighborhood Business centers should consist of neighborhood scale retail and
personalservices.
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 amendment bears substantial relationship to the public health,
safety, and welfare because it would allow an animal care facility or animal kennel in the BN
zone, thus allowing the location of a service in close proximity to potential customers and
reducing the need to commute to and from such a service if it was located only in the BC or
CE zones.
3. The proposed amendment is in the best interest of the residents of the city.
Approval of the proposed code amendment would benefit the City as a whole as it would aid
in economic development by providing the opportunity for location of such businesses in any
of the 14 neighborhood nodes.
VII. STAFF RECOMMENDATION
Based on the above staff analysis and decisional criteria, staff recommends that the proposed
amendments shown in E�ibits E, F, H, and I, and summarized as follows, be recommended for
approval by the Planning Commission:
1. Add "Animal care facility "and "Animal kennel" as an allowable use in the BN zone with
development regulations intended to mitigate noise impacts on adjacent uses (Eathibit E).
2. Add a definition for "Animal care facility " and "Animal kennel" (E�ibit F).
3. Amend the language intended to mitigate noise impacts in the BC and CE Use Zone Charts
associated with animal care facilities and animal kennels to be consistent with FWRC
7.10.050, "Maximum Environmental Noise Levels" (Exhibits H and I).
Staff Report to the Planning Commission
Animal Kennels and Animal Care Facilities in BN Zone
Page 4
Files No's: 11-101610-00-SE & 09-103760-00-UP
38
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.
E��1'rs �
Exhibit A Use Zone Chart, FWRC 19.220.040 — Day care facilities, commercial — Animal kennels
Exhibit B Use Zone Chart, FWRC 19.240.100 — Business, vocational, trade schools — Day care
facilities, commercial — Animal kennels
Exhibit C Research from Other Cities
Exhibit D Map of Neighborhood Business Zoned Areas
Exhibit E Amendments to Use Zone Chart, FWRC 19.215.040 — Day care facilities, commercial to
allow animal kennels or animal care facilities
Exhibit F New Definitions for "Animal care facility" and "Animal kennel"
Exhibit G FWRC 7.10.050 — M�imum environmental noise levels
Exhibit H Amendments to Use Zone Chart, FWRC 19.220.040 — Day care facilities, commercial —
Animal kennels
Exhibit I Amendments to Use Zone Chart, FWRC 19.240.100 — Business, vocational, trade schools —
Day care facilities, commercial — Animal kennels
K:�2011 Code Amendmenu�Kennels, Dog Day Caze, Pet Training�Planning Commission\Staff Report.doc
Staff Report to the Planning Commission
Animal Kennels and Animal Care Facilities in BN Zone
Page 5
Files No's: 11-101610-00-SE & 09-103760-00-UP
39
19.220.040 Schools — Day care facilities, commercial — Animal kennels.
The followin uses shall be ermitted in the communit business (BC) zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
z DIRECTIONS: FII2ST, read down to find use .., THEN, across for REGULATIONS
� Minimums
E Re uired Yards �
" ZONE
a �
� � a.
-� BC
� � o�
w v�
� 3 � � � � �
.� °' in a a� � " .a :�
� ^ ° '°- � �°' � SPECIAL REGULATIONS AND NOTES
USE r�: x .S w rn x x v, a a
Schools; Process None 20 ft. 0 ft. 0 ft. 55 ft. Determined on 1. Building height may not exceed 3U ft. AABE when located within 100 ft. of a residendal zone.
business, II Except 20 above a case-by-case 2. Except for gyms, if approved by the director of community development services, the height of a spucture may exceed 35 ft, above
vocational, ft. along average basis average building elevadon (AABE), to a maximum of 55 ft. AABE, if all of the following criteria a��e met: (a) The additional height is
or trade residential building necessary to accommoda[e the structural, equipment, or operational needs of the use conduc[ed in the building, and/or al] gro�nd floor
schools zones elevation spaces have a minimum floor-to-ceiling height of 13 ft. and a minimum depth of 15 ft.; (b) Height complies with note 1; (c) Height
Outdoor uses for �AABE) over 35 ft. is set back from non-residenual zones by one ft. for each one ft. of height over 35 ft.; and (d) Roof lines are designed to
Day care for gyms if avoid a predominantly flat and featureless appearance through vaziations in roof height, forms, angles, and mateiials.
animals, such as
facilities, located 3. For any structure, including gyms, an increase in height above 35 ft. shall not block views designated by the comprehensive plan.
commercial open-air kennels, 100 ft. or 4. Day caze facilities must contain an outdoor play u•ea with at least 75 sq. ft. for each child using the azea at any one time. This play
runs, training more from azea must be completely enclosed by a solid fence or other screen at least six ft. in height. Play equipment and snvctured play areas
yards, or show
Animal an adjacent must be set back at least five ft. from each propei�ty line.
facilities, shall be
kennels or residen[ial 5. Day care facilities and animal caze facilides may include accessory living facilities as defined by FWRC 19.05.010.
animal caze set back 20 ft. zone 6. Day caze facilities and schools must comply with the requirements of the State Depattment of Social and Health Services and/or the
from any property
facilities State Superintendent of Public Instruction.
line 35 ft. 7. All activities pertaining to schools, business or vocational schools, or tr�ade schools, such as auto-repair or other uses that may
See notes 2, 4, 8, above impact adjacent properties, must take place within an enclosed building.
and 11 average 8. Animal kennels and care facilities must be designed so that no sustained noise from outdoor runs and other open areas will be
building audible off the subject property, based on a certificate to this effect signed by an acousdcal engineer and filed with the development
elevation permit applicauon; and such outdoor areas shall be screened from adjacen[ properties by 10 ft. of Type III landscaping, as defined by
(AABE), Chapter 19.125 FWRC, or greater buffer as required therein.
to 55 ft. 9. No ma�cimum lot coverage is es[ablished. Instead, the buildable az•ea will be determined by other site development requirements,
AABE, for i.e., required buffers, pazking lot landscaping, surface water facilities, etc.
all other 10. For community design guidelines that apply to the project, see Chapter 19.115 FWRC.
structures I 1. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC.
12. For sign requirements tha[ apply to the project, see Chapter 19.140 FWRC.
See notes 1 13. Refer to Chapter 19.265 FWRC to detemune what other provisions of this title may apply to the subject propeny.
— 3 14. Site design, including the location of parking and passenger loading areas shall be designed to reduce impacts on nearby
residential areas.
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, For details of what may exceed this height limit, see FWRC 19110A50 et seq.
Chapter 19.65 FWRC, -
Cha ter 19.70 FWRC res ectivel . For details regarding requ'ued yazds, see FWRC 19.125.160 et seq.
A
0
�
�
�
--�
K:\FWRC Use Zone ChartsU9-220 Community Business BC119-220.040 Schools, Day Care, Animxl Kennels.DOC
19.240.100 Business, vocational, trade schools — Day care facilities, commercial — Animal kennels.
The followin uses shall be ermitted in the commercial ente rise (CE) zone sub'ect to the re ulations and notes set forth in this secdon:
USE ZONE CHART
Z DIRECI'IONS: FIRST, read down to find use ... THEN, across for REGULATIONS
��.. Minimums
� y Re uired Yards � ZONE
� � h a
� $ N � �o� �c CE
g� �� �' o a � �� ° � �' :�
USE rx x � w" �n rx � x� a a SPECIAL REGULATIONS AND NOTES
Business Process II None 20 ft. See note 40 ft. Detercnined 1. Minimum side and rear yazds shall be 20 ft. along residenual zones and 10 ft. along all other zones.
schools, or with 1 above on a case- 2. If approved by [he director of community development services, the height of a structure may exceed 40 ft. above average
vocational SEPA, Ou[door use average by-case building elevation (AABE), to a maximum of 55 ft. AABE, if all of the foliowing criteria are mer. (a) The increased height is
schools, trade Process areas for building basis necessary to accommodate the strucmral, eyuipment, or operational needs of the use conducted in the building, and/or all
schools III animals, such as elevation ground floor spaces have a minimum floor-to-ceiling heigh[ of 13 ft. and a minimum depth of 15 ft.; (b) Height complies with
open-air (AABE), note 3; (c) Height over 40 ft. is set back from non-residential zones by one additional ft. for each one ft. of height over 40 fr.;
Day care kennels, runs, to 55 $. and (d) Roof lines are designed to avoid a predominanfly flat and featureless appearance through variations in roof height,
facilities, training yards, or AABE forms, angles, and materials.
commercial show facili6es, 3. Building height may not exceed 30 ft. AABE when located within 100 ft. of a residential zone.
shall be set back See notes 4. Any activities operated by business, vocational, or trade schools, that may impact adjacent properpes, such as auto repair or
Mimal kennels, 20 ft. from any 2 and 3 painting, must take place within an enclosed building.
animal caze property line 5. Day caze facilities must contain an outdoor play azea with at least 75 sq. fr. for each child using the area at any one time. This
facilities play uea must be completely enclosed by a solid fence or other approved screen at least six ft. in height. Play equipment and
See notes 8 and strucwred play azeas may not be located in a required yazd.
13 6. Day care faciliUes must comply with all applicable state and outside agency licensing, certiYications, or other applicable
requirements.
7. Day care facilities and animal care facilities may include accessory living facilities as defined by FWRC 19.05.010.
8. Animal kennels and caze facilities must be designed so that no sustained noise from outdoor runs and other open areas will be
audible off the subject property, based on a certiticate to this eYfect signed by an acoustical engineer and Yiled with the
development permit applicadon; and such outdoor areas shall be screened from adjacent properties by 10 fr. of Type III
landscaping, as defined by Chapter 19125 FWRC, or greater buffer as required therein.
9. Site design, including the location of parking and passenger loading areas shall be designed to reduce impacts on nearby
tesidential azeas.
10. No maximum lot coverage applies. Instead, the buildable area will be determined by other site development regulations, i.e.,
required yards,landscaping,surface waterfacilities,etc.
I 1. For regulations pertaining to outdoor use, activity and storage, refer to FWRC 19.125170.
12. For community design guidelines that apply to the project, see Chapter 19.115 FWRC.
13. For landscaping requirements that apply to the project, see Chapter 19125 FLVRC.
14. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
15. For other rovisions of [his cha ter that ma a 1 to the sub'ect ro ert , see Cha ter 19.265 FWRC.
Process I, II, III and IV are described in
Chapter 19.55 FWRC, For other informaUOn about pazking and parking areas, see Chapter 19.130 FWRC.
Chap[er 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19110.050 et sey.
Chap[er 19.65 FWRC, For details regarding required yards, see FWRC 19.125.160 et seq.
Chapter 19.70 FWRC respecuvely.
�.
�
K:�FWRC Uu Zone Charts\19-240 Commercial Enterprix CE\19-240•IW Schools, Day Caze, Kennels.DOC
EXHIBIT C
RESEARCH FROM OTHER CITIES
aiioW�a �a `
City BN Comparable Zoning Districts Zones Kennels are Allowed
BN Type Zone
NCC — Neighborhood Convenience Commercial District Boarding kennels and breeding establishments
It is the purpose of the NCC district to provide small nodal Conditional Use
areas for retail and personal service activities convenient to Agricultural General District
I�ent residential areas and to provide ready access to everyday N � General Commercial District,
convenience goods for the residents of such neighborhoods. Industrial Agricultural District
NCC districts shall be located in areas designated for
neighborhood services in the comprehensive plan.
C-N Neighborhood Shopping District C. Animal daycare businesses that feature outdoor exercise
areas and/or kennels. Administrative Use Permit:
C-N neighborhood shopping center zones are intended for
Auburn neighborhood shopping centers which provide limited retail N � DUC — Downtown Urban Center District
business, service and office facilities for the convenience of
residents of the neighborhood.
Conditional Uses:
Neighborhood Commercial Center (NCC) District Animals shelters and kennels, subject to all additional State
and local regulations (less than 4 cats or dogs does not
This district implements the Neighborhood Commercial need a permit).
Center Comprehensive Plan designation. Senior citizen
housing is allowed up to 60 dwelling units per acre, subject to Regional Commercial District
Tukwila additional restrictions. It is intended to provide for pedestrian NO Regional
friendly areas characterized and scaled to serve multiple Cornmercial Mixed-Use District
residential areas, with a diverse mix of uses. Uses include Commercial Light lndustrial District,
residential uses at second story or above when mixed with Light Industrial District,
certain retail, service, office, recreational and community Heavy Industrial District
facilities, generally along a transportation corridor. Tukwila Valley South District
Urban Center District (Indoor animal shelters and kennels)
Page 1 of 4
Allowed in "
City BN Comparable Zoning Districts Zones Kennels are Allowed
�N Type Zoae
Neighborhood Center (CN) zone Kennel allowed in:
The purpose of this zone is to establish relatively small areas Regional Commercial (RC) Zone
to provide convenience goods and services to meet the
everyday needs of the surrounding residential neighborhoods, Industrial (I) Zone:
while protecting neighborhood character. The intent is to 1. Outside runs and other outside facilities must be
provide for limited retail stores, services, offices and mixed setback at least 25 feet from each property line (50 feet
use buildings that serve the immediate neighborhood (as well from a residential zone) and must be surrounded by a fence
Burien as other markets or service areas), located in neighborhood N � or wall sufficient to enclose the animals.
focal points... 2. Must provide suitable shelter and a clean, healthful
environment for the animals,
Community Commercial (CC) Zone;
A kennel is allowed as an indoor accessory use to a
veterinarian, provided that noise and odor irnpacts are
adequately mitigated.
N-C Neighborhood Commercial Zone NO GG General Commercial Zone
The purpose of this zone and its application is to provide for (2) Business off'ices and any The following uses only are permitted, and as specifically
the location of and grouping of uses which are considered type of use rendering provided and allowed by this chapter:
compatible uses having common performance standards in professional services or (24) Kennels, commercial, provided all run areas shall be
Des Moines �at they represent on-premises retail enterprises and involve personal services to the completely surrounded by an eight-foot solid wall or fence
only incidental and limited fabrication or assernbly of individual; provided
commodities, or comprise a type of enterprise dispensing
commodities, or providing professional services, or providing d) The professional service
personal services to the individual. These services are does not include kennels or
intended to provide local facilities to serve the everyday small anirnal hospitals or clinics
needs of the neighborhood area.
Neighborhood Business Zone (NB) YES Kennel — Permitted Use
General, Educational, Health I- IndustriaUManufacturing
SeaTac The purpose of this zone is to provide convenient daily retail Services Uses *CB - Community Business — additional development
and some personal services for a limited service area, and to standards
maintain or enhance the residential area that is served by the Kennel - Permitted Use
businesses.
Page 2 of 4
Allowed in
City BN Comparable Zoning DistriGts Zones Kennels are Allowed
BN Type Zone
NC, Neighborhood Commercial District YES Supplemental Permitted Use Regulations:
Supplemental Permitted Use Indoor kennels, doggie day care facilities and kennels
The Neighborhood Commercial designation is intended to Regulations, associated with veterinarian clinics
provide a limited number of commercial goods and services
to surrounding residential neighborhoods. 6. Indoor kennels, doggie day C, Community Commercial district
care facilities and kennels RC, Regional Commercial district
associated with veterinarian MLTC, Mixed Use Center district
clinics; provided, that: CMU, Corridor Mixed Use district
a. There are no outside runs
or areas;
Spokane b. The structure(s) housing
Valley anirnals is adequately
soundproof to meet the
requirements of Chapter 173-
060 WAC;
c. One parking stall provided
for every 10 animal
confinement areas; and
d. Compliance with noise
standards for a commercial
noise source as identified by
WAC 173-60-040 has been
demonstrated by the applicant.
Commercial Neighborhood Zone (CN): Animal and Related Uses:
37.a. General Requirements: Subject to requirements of
The purpose of the Commerciai Neighbarhood Zone (CN) is RMC 4-4-010, Standards far Animal Keeping Accessory to
Renton to provide for small-scale convenience retaillcommercial NO ResidentiaUCommercial Uses. Additional animals require
areas offering incidental retail and service needs for the an Additional Animals Permit per RMC 4-9-100.
adjacent area. Uses serving a larger area may be appropriate b. L Zone — Kennels: In the IL Zone, when operations are
if they also serve the residents of the immediate area and are predominantly conducted out of doors rather than
Page 3 of 4
Allawed in
City BN Comparable 2oning Districts Zones Kennels are Allowed
BN Type Zone
compatible with the scale and character of the neighborhood. completely enclosed within an enclosed structure, an
This designation is the smallest and least intensive of the administrative conditional use permit is required.
City's commercial zones. c.1M Zone — Kennels: Within the area south of I-405 and
north of SW 16`�' Street only indoor kennels are permitted.
RC — Resource Conservation, Administrative Conditional
Use
IL — Light Industrial, Permitted Use
IM — Medium Industrial, Permitted Use
IH — Heavy Industrial, Permitted Use
�
�
K:�2011 Code Amendments�Kennels, Dog Day Care, Pet TrainingU'lanning Commission\051811 Packet�Eathibit G- Other Cities.doc
Page 4 of 4
SN Zoned Areas � 1stAve S& SW 330th St
� 21stAve. SW& SW CampusDrive
� SW 320th St & SW 323rd St
� S 288th St & Mi(itary Rd S
� 1 st Ave S& S 348th St / SW Campus Dr'rve
� 21 st Ave SW & S W 356th St
� SW 320th St 8 47th Ave SW
� SW Dash Point Rd & S W 312th St / 21 st Way S
� 1 st Way S& S 338th St
� SW 340th St & Hoyt Road SW
'� S 320th St & Military Rd
� SW 312th St & 1 st Ave S
� S Dashpoint Road, West of Redondo Way S
� SW 312th St & 8th Ave SW qrea with BN Zoning
urr ar
Federat Way
0 0.5 1
�P�� Miles
Map Date: February 22nd, 2006
Updated May 2011
City of Federal Way
P.O.Box 9718
33325 8th Ave. S.
Federal Way, WA. 98063
253 835 7000
www.ciryoffederalway.com
City of Federal Way Areas with BN Zoning
19.215.040 Schools — Day care facilities, commercial -- Animal kennels or animal care facilities.
�A
J
The followin uses shall be ermitted in the nei hborhood business (BN) zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
z DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
� Minimums
a N Re uired Yazds � ZONE
� o i 1 � T
C7 'o p � o� y� Bl\
v
a � 3 � v � � � c
.�.; � � � � � � ��
USE �� - u"�. � a x� 04 a SPECIAL REGULATIONS AND NOTES
SCho01S SCho01S: 7,200 Schools for 50 or 55 ft. aboVe DCteClittned 1. Day caze facilities must contain an outdoor play azea with at least 75 sq. ft. for each child using the azea at any one time.
process III sq. ft. more Sttendees: average on a case-by- This play area must be completely enclosed by a solid fenca or other screen at least six ft. in lieight. Play equipment and
Day Caze 50 ft. 50 ft. 50 ft. building case basis structured play areas must be set back at least 6ve ft. from each propeRy line.
faC1GtICS, Da CBrC eleV3t10It fof Z• School, a� day caze facilities animal kennels, or animal care facilities may include one accessory living facility.
Y Othenvise: 3. Day caze facilities and schools must comply with the requirements of the State Department of Social and Health Services
commercial facilities, 20 ft. 20 ft. 20 R. gYms if and/or the State Superi❑tendent ofPublic Instruction.
COmmel'Clal; IOC3tCd 100 4. All ac[ivities pertaining [o schools, such as au[o-repair or other uses that may impact adjacent properties, must take place
Day care for 13 or
Animal Animal ft. or more within an enclosed building.
more attendees:
kennels or kennels or from an 5 Animal kennels and animal care facilities must be desiened so that the maximum Qermissible noise levels from outdoor
20 ft. 20 ft. 20 ft. runs and o[her ooen azeas complv wi[h the orovisions of FWRC 7] 0 O50• and such ou[door areas shall be screened from
animal care animal caze adjacent
OthefWlse: adiacent orooerties bv 10 ft of Type III landscapinQ as defined bv Chauter 19 125 FWRC or ereater buffer as required
facilities facilities : residential
20 ft. 5 ft. 10 ft. therein.
Process II or zone ; 6. If any portion of a structure on the subject property is located less than 100 ft. from an adjacent residential zone, then
With SEPA that portion of the swcture shall noi exceed 30 fr. above average b�ilding elevation and the s[ruc[ure shall be set back a
ProCess III Outdoor uses for 35 ft. above minimum of 20 ft. from the property line of the residential zone.
animals, such as aVe�agO 6 7. For schools, with the exception of gyms, the height of a s[ructure may exceed 35 R. above average building elevation [o
onen-air kennels, building a maximum of 40 ft., if all of the following criteria aze met:
CunS, t[aining�d5, eleVaUOtt foi' a. The sWCture is loca[ed ]00 ft. or more from an adjacent residential zone.
or shoW faCilities, all other b. The additional heiglu is necessary to accommodate tl�e particular use conducted in the building; and,
Shall be set baCk 20 structures c. Each required yard abutting the swcture is increased five ft. for each one ft. the structure exceeds 35 ft. above average
ft. fCOm any�ropertV building elevation; and
IinC d. The increased height is consistent with goals and policies for the area of [he subject property as established by die
— See notes 3 6 comprehensive plan.
—�$ � 8. For schools, including gyms, an increase in height above 35 ft. shall not block views designated by the comprehensive
See notes 5, 6 and plan.
-18-11 8 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.
9 j0. For community design guidelines that apply to the project, see Chapter 19.1IS FWRC.
�9 � l. For landscaping requiremen[s Ihat apply to the project, see Chapter 19.125 FWRC.
�k 12. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
�2 13. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may apply to the subject property.
d3 14. Site design, including the location of pazking and passenger loading areas shall be designed to reduce impacts on
nearby residential areas.
Process I, II, III and IV are described in For other infonnation about parking 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 regarding required yards, see FWRC 19.125.160 e[ seq.
�x
�
°j
�
i
�
H
!�
�'
K:�ZO11 Code Amendments�Kennels, Dog Day Care, Pet Training�Planning Commission\051811 Packet�Ex E Schools, Day Care, Kennels.doc
� i„ ; -.... .. -� ...
� ��� � - . �-__._.....�,,..r...,.,
Federal Way Revised Code
Title 19, Zoning and Development Code
Chapter 19.05, Zoning and Development in General
19.05.010 A definitions.
"Animal care facility" — See definition of "Animal kennel."
"Animal kennel" means anv structure or premises in which animals are boarded (including daX
care� or bred for a fee or compensation. Animal kennels mav also offer o,�;r oming trainin sales
of ancillary items, and related activities.
K:12011 Code Amendments�ICennels, Dog Day Care, Pet Training�Planning Commission\051811 Packet�EX F 042711 Definitions.doc
�'�.'�.'
� �= �
Federal Way Revised Code
Title 7, Public Nuisances
Chapter 7.10, Noise
7.10.050 Maximum environmental noise levels.
(1) State standard adopted. The city adopts by reference the maximum environmental
noise levels established pursuant to the Noise Control Act of 1974, Chapter 70.107 RCW.
See Chapter 173-60 WAC.
(2) Watercraft noise performance standards. The city adopts by reference the
watercraft noise performance standards established pursuant to the Noise Control Act of
1974, Chapter 70.107 RCW. See Chapter 173-70 WAC.
(Ord. No. 90-43, § 2(115.95(1)), 2-27-90. Code 2001 § 22-956.)
K:�2.011 Code Amendments�ICennels, Dog Day Care, Pet Training�Planning Commission\051811 Packet�Ex G Chapter 7.doc
49
19.220.040 Schools — Day care facilities, commercial — Animal kennels.
The following uses shall be permitted in the communitv business (BC) zone subiect to the
�
O
F �
Q
a
�
�
a
USE
Schools;
business,
vocational,
or trade
schools
Day care
facilities,
commercial
Animal
o kennels or
animal care
DIRECTIONS: FIRST, read down to find use ...
H
�
0
�a �
:'. 3 ^
;
'�.� �
rx rx a
Process Non
II or
with
SEPA
Process
III
�
ro
°_'.
° �o v �
w v� 0.!
Except 20
ft. along
residential
zones
Outdoor uses for
animals, such as
open-air kennels,
runs, training
yards, or show
facilities, shall be
set back 20 ft.
from any propert}
line
w �
0
��
x �
55 ft.
above
average
building
elevation
(AABE)
for gyms if
located
100 ft. or
more from
an adjacent
residential
zone
See notes 2, 4, 8,
and 11
35 8.
above
average
buitding
elevation
(AABE),
to 55 ft.
AABE, for
all other
structures
See notes 1
—3
the mvcimum permissible noise levels from outdoor runs and other open azeas compty with the
provisions of FWRC 7.10.050, and such outdoor areas shall be screened from adjacent properties by 10 ft. of Type III landscaping, as
defined by Chapter 19.125 FWRC, or greater buffer as required therein.
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.
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.
12. For sign requiremenu that apply to the project, see Chapter 19.140 FWRC.
13. Refer to Chapter 19.265 FWRC to determine what other provisions of this title may appty to the subject property.
14. Site design, including the location of parking and passenger loading azeas shall be designed to reduce impacts on nearby
residential azeas.
Process I, II, III and IV are descnbed in I For other information about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chap[er 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 respectivety. For details regarding required yazds, see FWRC 19.125.160 et seq.
K:�2011 Code AmendmentsUCennels, Dog Day Care, Pet Training�Planning Commission\051811 Packet�Ex H BC 19-220-040 Schools, Day Care, Mimal Kennels.DOC
and notes set forth in this section:
USE ZONE CHART
across for REGULATIONS
�
a
ti
� pq
.� G
a�'a
ZONE
BC
SPECIAL REGULATIONS AND NOTES
Determined on 1. Building height may not exceed 30 ft. AABE when located within 100 ft. of a residential zone.
a case-by-case 2. Except for gyms, if approved by the director of community development services, the height of a structure may exceed 35 fl. above
basis average building elevation (AABE), to a maximum of 55 ft. AABE, if all of the following criteria are met (a) The additional height is
necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all ground floor
spaces have a minimum floor-to-ceiling height of 13 H. and a minimum depth of I S ft.; (b) Height complies with note 1; (c) Height
over 35 ft. is set back from non-residential zones by one ft. for each one ft. of height over 35 ft.; and (d) Roof lines are designed to
avoid a predominantly flat and featureless appearance through vaziations in roof height, forms, angles, and materials.
3. For any structure, including gyms, an increase in height above 35 ft. shall not block views designated by the comprehensive plan.
4. Day care facilities mus[ contain an outdoor play area with at least 75 sq. ft. for each child using the area at any one time. This play
azea must be completely enclosed by a solid fence or other screen at least six ft. in height. Play equipment and structured play azeas
must be set back at least five ft. from each properiy line.
5. Day caze facilities. animal kennels, or an� anima( care facilities may include accessory living facilities as defined by FWRC
19.05.010.
6. Day caze facilities and schools must comply with the requirements of the State Department of Social and Health Services and/or the
State Superintendent of Public Instruction.
7. All activities pertaining to schools, business or vocational schools, or trade schools, such as auto-repair or other uses that may
impact adjacent properties, must take place within an enclosed building.
8. Animal kennels and animal care facilities must be designed so that
�,
r:�;;
�;
��
`w
19.240.100 Business, vocational, trade schools — Day care facilities, commercial — Animal kennels.
�
r
The followin uses shall be ermitted in the commercial ente rise CE zone sub'ect to the re ulations and notes set forth in this section:
USE ZONE CHART
z DIRECTIONS: F1RST, read down to find use ... THEN, across for REGULATIONS
� Minimums
� Re uired Yazds
^� ZONE
� O U
,, ,a � a
a �3 � � �°� �� CE
'� > � O '� � . � V '�._.
USE a�' a�' �° w" v� r� ��� a`�a� SPECIAL REGULATIONS AND NOTES
Business Process II None 20 ft. See note 40 ft. Determined 1. Minimum side and rear yards shall be 20 ft. along residential zones and 10 ft. along all other zones.
schools, or with 1 above on a case- 2. If approved by the director of community development services, the height of a structure may exceed 40 ft. above average
vocational SEPA, Outdoor use average by-case building elevation (AABE), to a maximum of 55 ft. AABE, if all of the fotlowing criteria are met: (a) The increased height is
schools, trade Process areas for building basis necessary to accommodate the structural, equipment, or operational needs of the use conducted in the building, and/or all
schools III animals, such as elevation ground floor spaces have a minimum floor-to-ceiling height of 13 ft. and a minimum depth of 15 ft.; (b) Height complies with
open-air (AABE), note 3; (c) Height over 40 ft. is set back from non-residential zones by one additional ft. for each one ft. of height over 40 ft.;
Day care kennels, runs, to 55 ft. and (d) Roof lines are designed to avoid a predominantly flat and featureless appearance through variations in roof height,
facilities, training yazds, or AABE forms, angles, and materials.
commercial show facilities, 3. Building height may not exceed 30 ft. AABE when located within 100 ft. of a residential zone.
shall be set back See notes 4. Any activities operated by business, vocational, or trade schools, that may impact adjacent properties, such as auto repair or
Animal kennels, 20 ft. from any 2 and 3 painting, must take place within an enclosed building.
animal care property line 5. Day care facilities must contain an outdoor play area with at least 75 sq. ft. for each child using the area at any one time. This
facilities play area must be completely enclosed by a solid fence or other approved scceen at least six fr. in height. Play equipment and
See notes 8 and structured play areas may not be located in a required yazd.
13 6. Day care facilities must comply with all applicable state and outside agency licensing, certifications, or other applicable
requirements.
7. Day caze facilides, animal kennels, or at�d animal caze facilities may include accessory living facilities as defined by FWRC
19.05.010.
8. Animal kennels and animal care facilities must be designed so that
; the maximum permissible noise levels from ou[door runs and other open areas complv with
the provisions of FWRC 7.10.050, and such outdoor areas shall be screened from adjacent properties by 10 ft. of Type III
landscaping, as defined by Chapter 19.125 FWRC, or greater buffer as required therein.
9. Site design, including the location of pazking and passenger loading azeas shall be designed to reduce impacts on nearby
residential areas.
10. No ma�cimum lot coverage applies. Instead, the buildable area will be determined by other site development regulations, i.e.,
required yards, landscaping, surface water facilities, etc.
L 1. For regulations pertaining to outdoor use, activity and storage, refer to FWRC 19.125.170.
12. For communiry design guidelines that apply to the project, see Chapter 19.115 FWRC.
13. For landscaping requirements that appty to the project, see Chapter 19.125 FWRC.
14. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
15. For other rovisions of this cha ter that ma a I to the sub'ect ro e, see Cha ter 19.265 FWRC.
Process I, II, III and IV aze described in
Chapcer 19.55 FWRC, For other information about parking and pazking areas, see Chapter 19.130 FWRC.
Chapter 19.60 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
Chapter 19.65 FwRC, For details regarding required yards, see FWRC 19125.160 et seq.
Chapter 19.70 FWRC respectively.
�
K:�2011 Code Amendments\Kennels, Dog Day Caze, Pet Training�Planning Commission\051811 Packet�Ex I 19-240-100 Schools, Day Care, Kennels.DOC
�
CITY OF
Federal Vl�ay
DATE: May 1 l, 2011
TO: Merle Pfeifer, Chair Members of the Federal Way Planning Commission
Fxotvl: Janet Shull, AICP, CSBA, LEED Green Associate
SUB.TECT: Citywide Bicycle and Pedestrian Master Plan Status Report
MEE'ITNG DAT'E: May 18 2011
On May 18, 2011, staff will provide you with an update on the Citywide Bicycle Pedestrian Master Plan. At
your Apri120�` meeting, you were briefed on the Cities Putting Prevention to Wark, (CPPV� Grant work
program and some of its work products, including the Twin Lakes Subarea Plan and Complete Streets policy.
Another large component of the CPPW work program is the preparation of a Citywide Bicycle and Pedestrian
Master Plan.
The citywide bicycle and pedestrian master plan will replace the current non-motorized section of the
comprehensive plan transportation element. 'The non-motorized section of the transportation element was last
updated in 1994.
An advisory committee was formed to help guide the development of the bicycle and pedestrian master plan and
has met three times to date. We are also gathering citizen input through an on-line survey and will be hosting
open-house meetings in June to learn more about where Federal Way citizens would like to bike and walk.
On May 18'�, staffwill provide an overall summary of work to date on the bicycle and pedestrian master plan,
summarize survey results to date, and discuss upcoming warkshops.
All Planning Commissioners are invited to participate in the neact advisory committee meeting to be held on
May 23`� at 7:00 pm. in City Ha11. We will be conducting a`hands-on workshop" style meeting where we will
map out desired biking and wallcing routes and facility types. We will conduct similar activities at the
community-wide meetings within a more traditional open house format.
K:\CPPW G�ant�Pedestrian and Bicycle Master Plan\OS 1811 memo.doc
52
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, 2011, 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
PUBLIC 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 far 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 Sc3ise ordinance, which uses the same language as
K:�Planning Commission�201 i�feeting Summary OS-18-I l.doc
Planning Commission Minutes Page 2 May 18, 20ll
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
STUDY SESSION — 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 for citizens to choose active transportation;
• Replace the existing non-motorized 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 1998. 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
AnaovRrr
The meeting was adjourned at 7:55 p.m. 54
K:�Planning Commission�201 I�Ivleeting Summary OS-18-1 l.doc
COUNCIL MEETING DATE: September 6, 2011
ITEM #:
SUBJECT Accessory uses, seating capacity of restaurants, and convention centers in the Office Park Zone
PoLtCY QUESTio1v: Should the City amend the Federal Way Revised Code (FWRC) related to accessory uses, maximum
seating capacity for restaurants, and convention centers in the Office Park (OP) zone?
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
COMMITTEE Land Use/Transportation Committee
CATEGORY:
❑ Consent
//
�
Ordinance
❑ City Council Business
Resolution
MEETING DATE: July 1g, 2011
❑ Public Hearing
❑ Other
STAFF REPORT BY: Principal Planner Margaret H. Clark AICP DEP'r: Community and Economic
Development
Background: The 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 the FWRC to increase the percentage of gross office 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, 2011 respectively, and was
selected to be part of the 2011 Planning Commission Work Program. As part of this code amendment, staff is recommending that
types of accessory uses not be limited in the Office Park zone but instead be treated consistently with the FWRC definition of
"accessory use." Staff is also proposing to remove the 50-person maximum seating capacity for restaurants and to allow
convention centers as a principal use as opposed to an accessory use.
Attachments: 1) Draft Adoption Ordinance; 2) Staff Report to the Planning Commission with Exhibits A-K; 4) Draft Minutes
of the June 15, 2011, Planning Commission Public Hearing.
Options Considered: 1) Adopt the Mayor's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Mayor's
recommendation as further amended by the LUTC; 3) Do not adopt the Mayor's recommendation .
MAYOR'S RECOMMENDATION The Mayor recommends adoption of the proposed amendments as written in the Draft
Adoption Ordinance. �r-
MAYOR APPROVAL:
Council
DIRECTOR APPROVAL:
Council
COMMII"I'EE RECOMMENDATION I move to forward the proposed ordinance to First Reading on September 6, 2011.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
1 READING OF ORDINANCE (September 6 , 2011): I move to forward approval of the ordinance to the September 20,
2011, Council Meeting for adoption.
2 xEEnn[NC oF O�tu[NaivcE (September 20, 2011): "I move approval of the proposed ordinance. "
(BELOW TO BE COMPLETBD BY ClTY CLERKS OFFlCE)
COUNCIL ACT[ON:
❑ APPROVED COUNCIL BILL #
❑ DEN[ED i reading
❑ TABLED/DEFERRED/NO ACT[ON Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REV ISED — 08/ 12/2010 RESOLUTION #
55
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to types of accessory uses, seating capacity of restaurants, and status
of convention centers in the Office Park Zone; amending FWRC
19.235.010, 19.235.020 and 19.235.030. (Amending Ordinance Nos. 90-43,
93-170, 96-270, 97-291, 00-375 and 07-559)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way
Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law,
codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve
the efficiency of the regulations and the development review process; and
WHEREAS, this ordinance, containing amendments to development regulations and the text of Title
19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 1935
FWRC; and
WHEREAS, it is in the public interest for the City Council to amend the FWRC related to accessory
uses, maximum seating capacity for restaurants, and convention centers as a principal use in the Office
Park Zone within the City of Federal Way; and
WHEREAS, limiting types of accessory uses in the Office Park Zone may hamper efficient use of
buildings and discourage economic development; and
WHEREAS, the existing FWRC definition of "accessory use" adequately addresses its intent; and
WHEREAS, removing the 50-person maximum seating capacity for restaurants should result in a
more responsive environment to market conditions, and;
WHEREAS, stand alone convention centers are an appropriate use in the Office Park Zone; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the
Proposal on May 28, 2011, and no comments or appeals were received and the DNS was fmalized on
June 27, 201 l; and
Ordinance No. 11-
Page 1 of 9
Rev U10 LU
56
WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code
amendments on June 15, 2011, and forwarded a recommendation of approval to the Land Use
Transportation Committee; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered
these code amendments on July 18, 2011, and recommended adoption of the text amendments as
recommended by the Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings with
respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and will benefit the
City as a whole because they would allow reuse of existing buildings by lifting the restriction on types of
allowable accessory uses; delete a maximum 50-person seating capacity for restaurants; and allow
convention centers as a principal use, which should create new jobs, and encourage economic
development.
(b) These code amendments comply with Chapter 36.70A RCW, Growth Management.
(c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will
implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan
(FWCP).
(d) These code amendments bear a substantial relationship to, and will protect and not adversely
affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the FWRC.
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 1935 FWRC, and based upon
the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following
Ordinance No. 11-
Page 2 of 9
Rev 1/10 LU
57
Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed
amendments:
(a) The proposed FWRC amendments are consistent with, and substantially implement, the following
FWCP goals and policies:
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.
(b)The proposed FWRC amendments should fitrther the public welfare by allowing flexibility
for the establishment of accessory uses in the Office Park Zone, thereby encouraging 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.
(c) The proposed amendments are in the best interest of the public and the residents of the City of
Federal Way because they will provide flexibility for the establishment of accessory uses,
restaurants, and convention centers in the Office Park Zone; thus, reducing the vacancy rate in
this zone and encouraging economic development.
Ordinance No. 11-
Page 3 of 9
Rev 1/10 W
58
Section 3. FWRC 19.235.010 "Office/retail," is hereby amended to read as follows:
19.235.010 Office/retail.
The followin� uses shall be permitted in the office park (OP) zone subiect to the
�
z
O
H
a
�
�.�!
USE �
Office use
USE ZONE CHART
FIRST, read down to find use ... THEN, across for REGULATIONS
Minimums
� Re uired Yazds
U
O �
°�' 3 � �
=
. �
G' > � O 'O c�
� � a w v� �
ocess II None 25 ft. 20 ft. 20 fl
Retail III
establishment
providing See notes
banking and 1 a�3
related
financial
services
ui �eta�-s��les-e�
� g�es�ries-
�
�s
See-flete-9
Retail
establishment
providing
office supplies,
printing and
See 50 ft. 20 ft. 20 ft.
note 10 Except 20 8. along
residential zones for
side and reaz yards
See notes 2 and �
11
Process I, II, III and IV aze described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
o �
� U�
�' �
55 ft.
above
average
building
elevation
See notes
1 and 3
�
�
�' OP
� �
�
� X
r� a
and notes set forth in this section:
ZONE
SPECIAL REGULATIONS AND NOTES
General 1. If approved through process III, the height of a structure may exceed 55 ft. above average building elevation
office and to a m�imum of 70 ft., if all of the following criteria are 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 yazd abutting the structure is increased one ft. for each one ft. the structure exceeds 55 ft.
azea 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 for 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 yazd; or 50 ft. if parking and driving areas aze located
gross floor in the front yard.
area 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
Determined ° . uses may be
on a case-by- allowed subject to the following criteria:
case basis a. The placement, orientation, desian, and other site desi�n and architectural features of the proposed
buildin�and site plan demonstrate that this use will not detract from the principal character of the subject
property as an office park.
b The exterior appeazance of that portion of the buildin ho�using the accessor�uses will be comQarable to
the exterior appeazance of other buildines on the subject propertv.
5. The subject property must be designed so that any truck parking, loading and maneuvering areas; azeas
where noise generating outdoor uses and activities may occur, and vents and similar features aze located as faz
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.
For other information about parking and parking areas, see Chapter 19130 FWRC.
Ordinance No. 11- Page 4 of 9
Rev 1/10 LU
19.235.010 Of�ce/retail. (Continued)
'he 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
v� Minimums
p o Re uired Yazds � Z�NE
�
'' °' OP
a .� a � � o L .� �
� � 3 � ?? � . � c
U' a. •, � C a� '� � � Q. X
uSE 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 wiffi on-site traffic flow.
� Tl. 'r. «, o tl.o..e . :Ftl.o., ...00� rl.o f Ii....,:.......:tc.;o•
�& 9. No maximum lot coverage is established. Instead, the buildable area will be determined by other site
development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc.
-�-1- 10. For community design guidelines that apply to the project, see Chapter 19115 FWRC.
�z.? 1 l. For landscaping requirements that apply to the project, see Chapter 19125 FWRC.
� 12. For sign requirements that apply to the project, see Chapter 19140 FWRC.
�4- 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 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.
Chapter ]9.70 FWRC respectively. For details regazding required yazds, see FWRC 19.125.160 et seq.
C�7
Ordinance No. I 1- Page 5 of 9
Rev I/10 LU
Section 4. FWRC, 19.235A20 "Entertainment — Commercial recreation," is hereby amended to read as follows:
19.235.020 Entertainment — Commercial recreation.
Che 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
� y Re uired Yazds �,
H o � ZONE
, �a „ � o � �� OP
� .� � � � s � .� �
C7 Q,•� �' c a� � ao � Q,;x
° �° SPECIAL REGULATIONS AND NOTES
USE CG �� . w �n � x v� � 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
""'^�- °�"s 35 ft. 20 R. 20 ft. average 1 for every a ma�cimum of 55 ft., if all of the following criteria aze met:
sa}�asi�y-fee 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
ne-�neFe-fhan Process notes 3 See notes 2, 7 and 8 elevation gross floor b. The subject property does not adjoin a residential zone; and
38-ge�seHS III and 5 azea c. Each required yazd abutting the structure is increased one ft. for each one ft. the structure exceeds 35 fr.
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 establis6ed
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 are located in the front yazd; or 50 ft. if pazking and driving areas aze located in front
yazd.
3. The subject property must be designed so that any truck pazking, loading and maneuvering areas; 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 ft. 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 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 19.115 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 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 19.110.050 et seq.
Chapter 19.70 FWRC respectively. For details regarding required yazds, see FWRC 19.125.160 et seq.
rn
r
Ordinance No. 11- Page 6 of 9
Rev I/10 LU
Section 5. FWRC. 19.235.030 "Limited commercial," is hereby amended to read as follows:
19.235.030 Limited commercial.
The following 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 IZEGULATIONS
� Minimums
F o Re uired Yazds � ZONE
O � s w a
� �3 � � oa �� OP
� Q ' � � c y '� � � Q, „k
USE � �� a w � c4 x� c� a SPECIAL REGULATIONS AND NOTES
Commercial or Process II None 25 ft. 20 ft. 20 ft. 35 ft. above I for every 1. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to a
industrial 35 ft. 20 ft. 20 ft. average 500 sq. ft. maximum of 55 ft., if all of the following criteria aze met:
photography, Possible See 50 ft. 20 ft. 20 ft. building gross floor a. The additional height is necessary to accommodate the particulaz use conducted in the building; and
cinematography Process note 7 See notes 2 and 9 elevation area, unless b. The subject property does not adjoin a residential zone; and
or video III use c. Each required yazd abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft. above
production, See notes 1 includes average building elevation; and
broadcast studio See note and 3 accessory d. The increased height will not block views designated by the comprehensive plan; and
1 uses, then e. The increased height is consistent with goals and policies for the azea of the subject property as established by
Newspaper determined the comprehensive plan.
printing plant 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 areas are located in the front
Reseazch basis yazd.
development and 3. If any portion of a structure on the property is within 100 ft. of a residential zone, then that portion of the structure
testing facilities, shall not exceed 30 ft. above average building elevation.
including 4. May not conduct any activity or use on the subject property that involves the release of toxic or noxious gases,
electronics fumes or odors.
technologies and
dentallabs (Continued)
Process I, II, III and IV are described in For other information about pazking and parking 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 details regarding required yards, see FWRC 19.125.160 et seq.
Ordinance No. 11- Page 7 of 9
Rev 1/10 LU
19.235.030 Limited commercial. (Continued)
he followin uses shall be ermitted in the office ark (OP) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
�, Minimums
� ti Re uired Yards
F o � ZONE
� a OP
w
�
"a a b i �"' a� c�a �`°�" a�i ou
� .� 3 � �; � .� C
'3 . a � V] ' p� V � �,�,
W � � � � � � � � � � SPECIAL REGULATIONS AND NOTES
usE a xx a w � x x� xa
�sseFy 5. Accessory uses may be allowed subject to the
w�el�eese following criteria:
€aeiFi�ies °
.. fl......, ..Ftl.:.. . .,«.7 r/,o «
See-nete-5 � a. The placement, orientation, design and othec site design and architectural 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, s: b. The exterior appearance of the wazehouse facility will be comparable to the exterior appeazance of other
conference, buildings on the subject property.
and trade . .
centers � 6. The subject property is designed so that truck parking, loading and maneuvering areas; areas where noise
assesiat�-�it�t generating outdoor uses and activities may occur; and vents and similar features are located as far as possible from any
at�et#►eF residential zone.
�i�te�-xse . ,
i�-dtis-ser�e °
7. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development
S�-aet�-6 requirements, i.e., required buffers, pazking lot landscaping, surface water facilities, etc.
8. For community 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
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 19110.050 et seq.
Chapter 19.70 FWRC respectively. For details regazding required yazds, see FWRC 19.125.160 et seq.
Ordinance No. 11- Page 8 of 9
Rev 1/10 LU
Section 6. Severabilitv. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ardinance including, but not limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 9. Effective Date. This ordinance shall be effective five (5) days after passage and publication
as provided by law.
PASSED by the City Council of the City of Federal Way this
20
CITY OF FEDERAL WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Zone�L,UTC\Ordinance. doc
Ordinance No. I1-
day of
K:�2011 Code Amendments�Accessory Warehouse in OP
64
Page 9 of 9
Rev I/10 LU
City 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. ADMINISTRATNE 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
Merde Pfeifer, Chair Hope Elder, Vice-Chair Patrick Doherty, Director of Community & Economic Development
Lawson Bronson Wayne Carlson Margaret Clark, Principal Planner
Tom Medhurst Sarady Long E. Tina Piery, Administrative Assistant
Tim O'Neil 253-835-2601
K:U'lanning Commission�201 I Wgrnda 06-I S-1 l.doc
6 5 www. citvoffederahvav. com
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, 2011, 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 SUSINESS
PUBLIC HEARING — Proposed Amendments Related to Allowing Animal Kennels and Animal Care
Facilities in the Neighborhood Business (Sl� 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 cityg�►ise ordinance, which uses the same language as
K:�Planning Commission�2011Vvleeting Summary OS-18-1 Ldoc
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
STUDY SESSION — 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 for citizens to choose active transportation;
• Replace the existing non-motorized 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 appro�umately 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. 6�
K:�Planning Commission�201 l�tvteeting Summary OS-l8-1 l.doc
•
� � �
. •
STAFF REPORT TO THE PLANNING COMMISSION
Amendments to Federal Way Revised Code Related to
Restaurants, Accessory Uses, and Convention Centers in the
Of�ce 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, 2011 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 relc�ted to caccessory wczrehozcse uses.
The FWRC allows accessory warehouses in the Office Park (OP) zone (Exhibit A,
FWRC 19.235.010 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
68
50 percent of the combined gross floar area of all uses (E�ibit B).
(ii) FWRC definition of c�ccessory 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)Rationale for proposed chc�nge.
As of June 2010, the City of Federal Way had approximately 790,000 square feet of vacant
office space (Exhibit 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. Furthermore, a recent trend in regulating land use has been a
departure from the conventional zoning focus of segregating land uses towards using
physical fonn 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 desipn and architectural features of
the proposed buildin� and site �lan demonstrate that this use will not detract from the
principal character of the subject property as an off'ice park.
�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
69
� The exterior appearance of that portion of the buildina housing the accessorv uses
will be comparable to the exterior appearance of other buildings on the subject
propert�
• 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 relczted to restc�urants.
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 ordinances 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.
(zii)Rationczle 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 langcec�ge 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 (E�ibit 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
70
Sea-Tac, and Renton and not permitted in Kent, Auburn, Tukwila, and 5pokane 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, therefare, 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 COiVIMISSION 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 19.80130.
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
71
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.
EDGS 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 establishment 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 #1 0-1 04 1 20-00-UP
72
VII. STAFF RECOMMENDATION
Based on the above staff analysis and decisional criteria, staff recommends that the proposed
amendments shown in E�ibits E, F, and I, and summarized as follows, be recommended for
approval by the Planning Commission:
I. 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 (Exhibit n.
4. Amendments to FWRC 19.235.030 to allow convention centers as a stand alone use (E�iibit F).
VIII. PLANNIl�iG 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 amendmenxs 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
73
EXHIBITS
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\Staff RepoR 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
74
Chapter 19.235. Office Park (OP)
�
�
19.235.010 Of�ce/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
v, Minimums
p �' Re uired Yards � ZONE
� �
� � L °' OP
a � � � �� ��,
� = 3 N °"' � � c
U �6,.� �' c a� � �" o.'se
USE a �� a w � � x� �; a SPECIAL REGULATIONS AND NOTES
O�ce 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 maximum of 70 ft., if all of the following criteria aze met:
Retail III See 50 ft. 20 ft. 20 ft. average retaiL• 1 for a. The additional height is necessary to accommodate the particulaz 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 yard abutting the structure is increased one 8. for each one ft. the structure exceeds 55 ft.
banking and 1 and 3 area above average building elevation; and
retated 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 area of the subject property as
services dental office: established by the comprehensive plan.
1 for each 2. Front yard 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 are located in the front yard; or 50 ft. if pazking and driving areas are located
groceries, gross floor in the front yazd.
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 warehouse, 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 uea.
on a case-by- 5. The subject property must be designed so that any truck parking, loading and maneuvering areas; areas
Retail case basis where noise generating outdoor uses and activities may occur, and vents and similar features are located as far
establishment as possible from any residential zone.
providing 6. May not conduct any activity or use on the subject properiy 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 [, II, III and IV are described in For other information about parking and parking 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 details regarding required yards, see FWRC 19.125.160 et seq.
K:�2011 Code Amendments�Accessory Warehouse in OP Zone�Planning Commission\061511 Packet\19-235-010 Office, Retail.DOC
�°
�
i.t .a"
�
r.�.
�'
� �
.;! �
��
i'°�
�
�
�
�
19.235.010 Of�ce/retail. (Continued)
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
p o Re uired Yards � ZONE
N
A
� �°� � � �� �� OP
� �g � v �� .^C
C7 'o. •; � c c� � o�n a.:�
USE a �� ,° w � r� x� w 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 are clearly secondary to and supportive of other uses on the subject property allowed in this zone; and
b. By their location and configuration, they aze principalty 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 maximum lot coverage is established. Instead, the buildable area will be determined by other site
development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc.
I 1. For community design guidelines that apply to the project, see Chapter 19.1IS 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 aze described in
Chapter 19.55 FWRC, For other information about packing and parking azeas, see Chapter 19.130 FWRC.
C6apter 19.60 FWRC,
Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.OS0 et seq.
Chapter 19J0 FV✓RC respectively. For details regarding required yazds, see FWRC 19.125.160 et seq.
K:�2011 Code Amendments�Accessory Warehouse in OP Zone�Planning Commission\061511 Packet\I9-235-010 Office, RetaiI.DOC
�`�"�
�
�
� �
� �"... t
i�
�
+�
,'�
t:
19.235.030 Limited commercial.
The following uses shall be permitted in the office
�
z
O
F
a
�
�
USE a
Commercial or
industrial
photography,
cinematography
or video
production,
broadcaststudio
v Newspaper
a
printing pla�it
Reseazch
development and
testing facilities,
including
electronics
technologies and
dental labs
RECTIONS: FIRST_read down to find use ... 1
Minimums
y Re uired Yazds
�
0
-p O" U O w
� 3 H V
a� ,� �
��.> � C � � U
cG a�'' .. w 'v��i a: �C �
zone subiect to the re�ulations and notes set forth in this section:
USE ZONE CHART
across for REGULATIONS
c�
c.
�
� ,�
5
� �
a�'w
ZONE
OP
SPECIAL REGULATIONS AND NOTES
Process II None 25 ft. 20 ft. 20 ft. 35 ft. above I for every 1. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to a
35 ft. 20 ft. 20 ft. average 500 sq. ft. ma�cimum of 55 ft., if all of the following criteria are met:
Possible See 50 ft. 20 ft. 20 ft. building gross floor a. The additional height is necessary to accommodate the particular use conducted in the building; and
Process note 7 See notes 2 and 9 elevation azea, unless b. The subject property does not adjoin a residential zone; and
III use c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft. above
See notes 1 includes average building elevation; and
See note and 3 accessory d. The increased height will not block views designated by the comprehensive plan; and
1 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 are located in the front yazd; or 50 ft. if pazking and driving azeas are located in the front
basis yazd.
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 propeRy that involves the release of toxic or noxious gases,
fumes or odors,
(Continued)
Process I, II, III and [V aze described in �— For other information about parking and pazking areas, see Chapter 19.130 FWRC.
Chap[er 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC, For details of what may exceed this heigl�t limit, see FWRC 19.110.050 et seq.
Chapter 19.70 FWRC respectively. For details regarding required yazds, see FWRC 19.125.160 et seq.
K:�2011 Code Amendments�Accessory Warehouse in OP ZoneU'(anning Commission\061511 Packet\19-235-030 Limited Commercial.doc
�� �,,
�
v' :. ,
,��.
� �+
�� �
� 3
�'
�
�;
I
6
19.235.030 Limited commercial.
�
z
O
a
a
a
G
USE a
Accessory
warehouse
facilities
See note 5
conference,
and trade
� centers
�
associated with
another
permitted use
in this zone
See note 6
DIRE CTIONS: FIRST, read down to find use ...
Minimums
y Reauired Yazds
0
. a
°-' 3 �
. =
0.�+ C�i ..�
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.
L w
� o�
� �
� � � �o
w 'v� a�' x v�i
�
�
a
��
� �
•? C
aa
USE ZONE CHART
across for REGULATIONS
ZONE
OP
SPECIAL REGULATIONS AND NOTES
5. The city 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 azchitectural 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 park.
a The exterior appearance of the warehouse facility wiil 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; 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.
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 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.
8. For community design guidelines that apply to the project, see Chapter 19115 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 �
ProPertY� �...
For other infonnation about parking and pazking areas, see Chapter 19.130 FWRC.
For details of what may exceed this height limit, see FWRC 19.110.050 et seq.
For details regarding required yazds, see FWRC 19.125.160 et seq.
K:�2011 Code Amendments�Accessory Warehouse in OP Zone�Planning Commission\061511 Packet\19-235-030 Limited Commercial.doc
["1
.�"`
..�..
C;�<A
�.... s
1 R '
��' ��
��
��
a`� Y � y ����
�
��
g ��,��;
>�',�� : �i�:�h�
J i
��o
v
�
cn S4'Y 3'«�� 53t
<�
,. � w . ..,..
w: „
�.�ap �atellite��Hy�brid
�2e :�n�� . , ,�_� .�.
�� � �
99 � �zat�sa �x
�
�
� �,
m ^�
508
s s���r� ��
� 509 f `" -'
"�r� �
� '�. x ,, S 2£t�'Stn 51 �
� �'
r �� t� � l.akeland
�
�' ` � 3uach sc . cn North
�� v � - s�dei .:�xn` . .¢:�;:� r�.,noir
� F � � �I �`'� ..x��i � ' �
�' tf9kr'. �dfa <n
�
r
�,
,. � �� �' �, � � 3 i �itn �t
v
�;r..! Iii a ��
arh '� �' w
� � �
�
f �-,
� � �
� ' �,
� z'' �
��
A� � ���
� k
� �4'� 53�,^�
�
�,
��
r
s�r� ���t;�� �
�, � �
�
i� ,,,`�
�'� �„ e�
�.�
�� s �a
l
� R
,:� a- -
:c* ro ..:. . � .
F Y7€REL i:p . � (1�� � . � "
�---,--�abtn St 98
��'. r���` , 1 km
_ . ,�� �"'"�.� �s
�, 1�luii�i t.akn
1� ,
� a�1�nd �t
D
a ane?' �
> 1� 18 s�=;{•.:� �
�
, :r
�
� a�c�` b
161 � �+illm��,cy �''
. , 4 D ,. y ., .,,-
�
�
�a
1�.08 So�utl� 32'�r�d Place Eui(din�
12th F�I�ce Center
�627 �auth 3�?th Euifding
�t72 Fr�fc�sional 6uildit�g
312�8 €�aLific H��uk• �outh
3'?020 �'r�f��sianai �uilding
3-��C1, F�aeific HighYvay Euifdi�ig
35109 F�acific Highwa• South
�th +�venue �awiii�n
,�,tram Buildiilg
�get Euilding
Bae Building
Bra�t�laka Prafessior7al Cente��
B +�Illage
Campu� Square � - C
�a�itol Square �+�tedice,i-Gtentai-
F�rot'. Car�t�c
Ca���y Latzg �uildii°rg
�C�d�� �ark at th'est Cam�sus
�edar�- 3=�17� �uildir7g
�cd �iuiidii�g
The Center
�I cf Caf7�merc� Building ,
Ea�t Can�pu� Cor �arl� I
Ea�t �ar�i{�us CarRnrflte Fark III �;
East Cam�u� �ar�o�at� �ark III �
Ea�t �am{�us Co���arat� F�cr�k III C-
Ea�t Cai�n�u� Car�arate �ac T'�.;�
Ea�t �ar��pu� Ce�r����-ate F'ar{� �v�
East Cam�iuy CcrE f�ark �rI
East Car�i�us Rlaz� - :s
Ea�t Cam�us. �laza - 3
Eas�t Cai�i�us Terrace 8uilding ,�.
East Campus Terrace Building E
Ea�t Campus 7errace BuildiG�g C
Er�n�t Profes�ianal Center
Evergreen Corparate Ccnte�
Fed S'tay Center
Federal 1�1a�y� Cent�r
Fedet~al '�Na•� DSHS
Federal '���ay t4ledical nn�i
�rate�sianal
Federal t�.�ay �+�ledical Centec-
Federal t��a��r f�t�dieai Glental
�°
w..
�
�.
�.
i �G
�
�
Id�� data �t2011 Googic "�=� n�s �t i�!: �� Clase '�rindc�tv
a,.�. r s . . . ��...� , . . _.
C } Map Date: June 2 1
� ly �f ��_ ity pfiFe . � . al W3�
Federal Wa ����
2011 Vaca nt Off i ce S� � (P) 253-835-7000
Y (V1� www.cityofFederalway.com
c�TV oF This map is intended for use
� Federa! Wa 0 025 0.5 The C ty of Fedepal Way �
v
Miles no warranty as to its accuracy. N
��H�B�°� _ _ __
OP ZONE A'VIEiVDMENT
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 and
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 access�ry 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�,
� � � , � `;
* _ .� , � _ ..:�
_ ,;
e # . �r� �� a _ .�' _ '� , : '�."
8�
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
v� Minimums
p '� Re uired Yards � ZONE
F" o � n
� a Or
„�'7 ° '3 � � �� ° �'c
G7 �a. •� �' c a� � �on ° o. �
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 maximum of 70 ft., if all of the following criteria aze 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; a��d
establishment note 10 Except 20 ft. along building each 300 sq. b. The subject property does not adjoin a residential zone; and
providing See notes residential zones for 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 I at�-3 side and reaz yards area above average building elevation; and
related See notes d. The increased height will not block views designated by the comprehensive plan; and
financial See notes 2 and � 1 and 3 Medical and e. The increased height is consistent with goals and policies for the area of the subject property as
services 11 dental office: established by the comprehensive plan.
— 1 for each 2. Front yard setback: 25 ft. if entry is visible from R.O.W. and front facade is 15% glass; 35 ft. if landscape
�tai�sal�s-e€ 225 sq. ft. of buffer and stormwater facilities are located in the front yard; or 50 ft. if pazking and driving areas are located
gFese�i�s gross floor in the front yazd.
��e-anA azea 3. If any portion of a structure on the subject property is within 100 ft, of a residential zone, then that portion
�fns of the s[ructure shall not exceed 30 ft. above average building elevation.
Mixed Uses: 4. ccessory
See-e�ete-9 Determined ° uses mav be
on a case-by- allowed subject to the fottowing criteria:
Retail case basis a The.placement orientation design and other site design and azchitectural features of the proposed
establishment buildin� and site plan demonstrate that this use will not detract from the principal character of the subject .-p�
providing pronertv as an office park. 4 ra'
office supplies, b The exterior a�peazance of that portion of the buildin housing the accessorv uses will be compazable to �
printing and the exterior appearance of other buildings on the subject aroperty. �
duplicating 5. The subject property must be designed so that any truck parking, loading and maneuvering ueas; areas
where noise generating outdoor uses and activiUes 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. �
��
Continued) j ,.
Process I, II, III and N are described in For other information about pazking and parking areas, see Chapter 19.130 FWRC. -y� -o
Chapter 19.55 FWRC, ( �
Chapter 19.60 FWRC,
Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19. ] 10.050 et seq. i
Chapter 19.70 FWRC respectively. For details regazding required yards, see FWRC 19.125.160 et seq. !
� .
�
�
�
�
�._ �
�
K:�2011 Coc�e AmendmentsWccessory Wazehouse in OP Zone�Planning Commission\061511 Packet\Amended 19-235-010 Office, RetaiI.DOC �'
19.235.010 Office/retail. (Continued)
he following uses shall be ermitted in the office ark (OP) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
vi Minimums
p Re uited Yazds
.,
" � ZONE
�- o
d . Q, � w '° v� OP
� :'. 3 °� � � � � �
C7 Q.•� v' � b '�- :� � a.;�
USE a c� oi a w v� c� x v� c� 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 wiil not
unreasonably interfere with on-site traffic flow.
�8: 9. No ma�cimum lot coverage is established. Instead, the buildable area will be determined by other site
development requiremenu, i.e., required buffers, parking 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.
� 12. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
�-4. 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 abou[ pazking and parking azeas, see Chapter 19.130 FWRC.
Chap[er 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.
�
w
� �
� �
�
�� �
� � ._�.�
�
�� I
K:�2011 Code AmendmentsWccessory Wazehouse in OP ZonelPlanning Commission\061511 Packet�Amended 19-235-010 Office, Retail.DOC
19.235.030 Limited commerciai.
The followine uses shall tre nermitted in the office nark (OPl zone subiect to the resulations and notes set forth in this section:
z
O
N
a
�
�
W
USE a
Commercial or
industrial
photography,
cinematography
or video
production,
broadcast studio
0 ° Newspaper
�
printing plant
Research
development and
testing faci►ities,
including
electronics
technologies and
dental labs
RECTIONS: FIRST,read down to find use . .."
Minimums
� T Re uired Yazds
�
o �
w
�a � ; o�
. o.; � c � � ��
r� r� a w` 'v'� w"' x�
r
Process II None 25 ft. 20 ft. 20 ft. 35 ft. abo
35 ft. 20 ft. 20 ft. average
Possible See 50 ft. 20 8. 20 ft. building
Process note 7 See notes 2 and 9 elevation
III
See note
1
See notes 1
and 3
USE ZONE CHART
across for REGULATIONS
�
g
�
� ,�
.� c
a� �
� a
1 tor every
500 sq. ft.
gross floor
azea, unless
use
includes
accessory
uses, then
determined
on a case-
by-case
basis
ZONE
OP
SPECIAL REGULATIONS AND NOTES
1. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to a
ma�cimum of 55 ft., if all of the following criteria are met:
a. The additional height is necessary to accommodate the particular use conducted in the building; and
b. The subject property does not adjoin a residential zone; and
c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft. above
average building elevation; and
d. The increased height will not block views designated by the comprehensive plan; and
e. The increased height is consistent with goals and policies for the area of the subject property as established by
the comprehensive plan.
2. Front yazd 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 are located in the front yard; or 50 ft. if parking and driving areas are located in the front
3. If any portion of a structure on Ihe property is within 100 R. 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 [V aze described in �— For other information about parking and parking areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter ]9.60 FV✓RC,
Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 e[ seq.
Chap[er 19.70 FWRC respec[ively. For details regazding required yards, see FWRC 19.125.160 et seq.
K:�2011 Code Amendments�Accessory Warehouse in OP Zone�Planning Commission\061511 Packet�Amended 19-235-030 Limited Commercial.doc
4 '�
�r'"
«�,.
�f
�, r w � r
[�_. ,
� 1 �
��
s
�
i
�;
�
L9.235.030 Limited commercial. Continued
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS
�, Minimums
� Re uired Yards �
ti
� � � ZONE
H o �
� �s3 � � o� �� OP
� ��.�; � � � � :�� ��.�
° � SPECIAL REGULATIONS AND NOTES
usE a aa a � � �z x� aa
tkss�sseF}` 5 T'�° ^ '"^.,. ° .°'�^..°° `�:';*�. °�a°-'":° ° :°:' --�°°`° Accessory uses mav be allowed subject to the
waFel}etFSa following criteria:
�{-j-j{.j� . o
Se�et�3 b- 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 character of the subject property as an office park.
Convention, � b. The exterior appeazance of the warehouse facility will be comparable to the exterior appeazance 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; areas where noise
assesiat�d-w+tl� generating outdoor uses and activities may occur; and vents and similar features aze located as far as possible from a�iy
ar�e�HeF residential zone.
y�-usa . , .
`..r io u
�- 6. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development
Sae-aet�-H requirements, i.e., required b�ffers, pazking lot landscaping, surface water facilities, etc.
� 7. For community design guidelines that appty to the project, see Chapter 19.115 FWRC.
4: 8. For landscaping requirements that apply to the project, see Chapter 19125 FWRC.
-�9-9. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
�-1- 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 parking 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 limi[, see FWRC 19.110.050 et seq. �
Chapter 19.70 FWRC respectively. For details regazding required yazds, see FWRC 19.125160 et seq.
�
�+`'�
�
�``; i
K:�2011 Code AmendmentsWccessory Warehouse in OP Zone�Planning Commission\061511 Packet�Amended 19-235-030 Limited Commercial.doc
19.235.020 Entertainment — Commercial recreation.
e
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
O z Re uired Yards � ZONE
N
�., �
V �
a F � � °' OP
.° a a� � o � . v�
� `"' 3 � `: � � c
� 'a.� 'v� � � �� ox
W � ' � ° �° � �°' � � � SPECIAL REGULATIONS AND NOTES
usE a xx .� r� � x x� xa
Restaurant Process [I 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
with seating 35 ft. 20 fr. 20 ft. average 1 for every a maximum of 55 ft., if all of the foliowing criteria aze met:
ca}�acity 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 yard abutting the structure is increased one R. 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
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 yard; or 50 ft. if parking and driving areas are located in front
yard.
3. The subject property must be designed so that any truck pazking, loading and maneuvering areas; 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 ft. 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 azea will be determined by other site
development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc.
6. For community design guidelines that apply to the project, see Chapter 19115 FWRC.
7. For landscaping requirements that appty to the projecy 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 areas, see Chapter 19.130 FWRC.
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC, For de[ails 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 FWiZC 19.125.160 et seq.
■ �.
�
K:�2011 Code Amendments�Accessory Warehouse in OP Zone�Planning Commission\061511 Packet\19-235-020 Entertainment, Commercial Recreation.doc
,� ,
s
RESTAURANTS
COMPARISON MATRIX
CITY PERMISSION
Kent Permitted as an accessory use (no drive-
Offtce 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 permitted as an accessory use (no drive-
O�ce/Commercial/Mixed Use
(O/C/MU) through)
Spokane Vallev 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 Amendments�Accessory Warehouse in OP Zone�Planning Commission\0615ll Packet�Restaurant Comparison
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
� ti Re uired Yazds � ZONE
�3 �
� a Or
F o
� � 3 � � � � � c
C7 a, �� `�' � a� � �on � a, �
USE a �� a w � r� x� 4 a SPECIAL REGULATIONS AND NOTES
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
'"'`''�m°"'"s" 35 ft. 20 ft. 20 8. average 1 for every a ma�cimum of 55 R., if all of the following criteria aze met:
saNasi�eF Possible See 50 fr. 20 ft. 20 ft. building 100 sq. ft. a. The additional height is necessary to accommodate the partiwlar use conducted in the building; and
ne-r�efa-�ha�t Process notes 3 See notes 2, 7 and 8 elevation gross floor b. The subject property does not adjoin a residential zone; and
39-�seHS 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 compre6ensive plan; and
recreation Determined e. The increased height is consistent with goals and policies for the area 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 are located in the front yazd; or 50 ft. if parking and driving areas aze located in front
yazd.
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 aze located as far as possibie
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 portion of the
structure shall not exceed 30 ft. above average building elevation.
5. 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.
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 appty to the subject
property.
Process I, II, III and IV aze described in For other information about pazking and pazking 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 respecpvely. For details regazding required yazds, see FWRC 19.125.160 e[ seq.
�il
��
:�: '
Ci?:?i
�:;i
�
�
�
I
1�
K:�2011 Code AmendmentsWccessory Warehouse in OP Zone�Planning Commission\061511 Packet�Amended 19-235-020 Entertainment, Commercial Recreation.doc
� �;���r�
CONVENTION CENTER5
COMPARISON MATRIX
CITY PERMISSION
Kent Not permitted
D�ce District (0)
Auburn
Residential Office (RO) & Residential Not permitted
Office-Hospital District (RO-H)
Tukwila Not permitted
Office (0) District
Burien permitted
O�ce Zone (0)
Des Moines permitted
B-P Business Park Zone
Sea-Tac permitted
Office/Commercial/Mixed Use (O/C/MCI)
�okane Vallev Not permitted
Office District (D)
Renton permitted
Commercial Office (CO)
K:�2011 Code Amendments�Accessory Warehouse in OP Zone�Planning Commission\06151 I Packet\Convention Centers Comparison
Matrix.doc
89
.:.. �:4 !,��� E . .
�' °6
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:�2.01 I Code AmendmentsWccessory Warehouse in OP Zone�Planning Commission\061511 Packet\Outrigh[ permitted uses.doc
90
�� 1
CITY OF FEDERAL WAY �
PLANNING COMMISSION
June 15, 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, Assistant City Attorney Peter Beckwith, and Administrative
Assistant Tina Piety.
CALL TO ORDER
Chair Pfeifer called the meeting to arder at 7:00 p.m.
APPROVAL OF MINUTES
The minutes of May 18, 2011, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Mr. Conlen stated the next Planning Commission meeting has not been set.
COMMISSION BUSINESS
PUBLIC HEARING — Proposed Amendments Related to Restaurants, Accessory Uses, and
Convention Centers in the Of�ce Park (OP) Zone
Ms. Clark delivered the staff report. This is a request from a citizen (Roger Hazzard) to amend Federal
Way Revised Code (FWRC) 19.235A10 to increase the percentage of gross floor that can be used for
accessory warehouse use. While researching this request, staff found other items that should be addressed;
hence amendments to FWRC 19.235.030 (also addressing warehouse use), FWRC 19.235.020
(addressing seating capacity of restaurants), and FWRC 19.235.030 (addressing convention centers) were
added to this proposal.
There was no public comment. Ms. Clark stated that Mr. Hazzard had told her he supports the staff
recommendation.
Commissioner O'Neil asked if there was any logic behind the 20% regulation for accessory uses. Ms.
Clark replied she is unaware of the logic behind the 20% regulation. The City of Federal Way adopted the
Kirkland zoning code when we incorporated and that code had the 20% regulation. The city has not
received any question or complaint about the 20% regulation before this and therefore, the staffhas never
researched the regulation before this time. Commissioner O'Neil asked if the 20% regulation is
monitored. Ms. Clark replied it is monitored when an applicant applies for a tenant improvement.
K:�Planning Commission�2011U�Iee[ing Summary 06-15-1 i.doc
91
Planning Commission Minutes Page 2 June I5, 2011
�
' the ci and what is the acreage. Ms. Clar�
Commissioner Bronson asked how many OP zones are in ty
re lied that she does not have the acreage with her at this time. The West Campus area has the largest O��
P
zone in the city. There is also a smaller one at 1 S` and 320`�', another at 21 St and 320�', and another opposite
the Federal Way High School.
Commissioner Carlson moved (and it was secondec� to recommend approval of the proposed amendments
to FWRC 19.235.OI0 and 19.253.030 to allow any accessory use subject to certain site design and
architectural features. The motion carried.
Commissioner Carlson moved (and it was seconder.� to recommend approval of the proposed amendment
to FWRC 19.235.020 to remove seating limitations for restaurants. The motion carried.
Commissioner Carlson moved (and it was secondec� to recommend approval of the proposed amendment
to FWRC 19.235.030 to allow convention centers as a stand alone use. The motion carried.
The public hearing was closed.
ADDITIONAL BUSINESS
None
AvJOU�uv
The meeting was adjourned at 7:25 p.m.
K:�Planning Commission�201l�Meeting Summary 06-15-I l.doc
92