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Planning Comm PKT 09-07-2011City of Federal Way PLANNING COMMISSION September 7, 2011 7 :00 p.m. City Hall Council Chambers I AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES June 15, 2011 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSiNESS • STUDY SESSION Temporary Uses and Temporary Businesses Code Amendments 7. ADDITIONAL BUSINESS 8. ADJOURN Commissioners City Staff Merle Pfeifer, Chair Hope Elder, Vice-Chair Patrick Doherty, Director of Community & Econoinic Development Lawson Bronson Wayne Carlson Margaret Clark, Principal Planner Tom Medhurst Sarady Long G. Tina Piety, Adnzinistrative Assistant Tim O'Neil 253-835-2601 r��bvw.t�i >o �e�leralivnl'.�om K:\Planning Commission\201 I\Agenda 09-07-1 I.doc 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 order 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 PUSL�C HEAR�NG — Proposed Amendments Related to Restaurants, Accessory Uses, and Convention Centers in the Office 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) 19.235.010 to increase the percentage of gross floar 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 incorparated 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 staff has 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\2011\Meeting Summary 06-I S-1 I-doc Planning Commission Minutes Page 2 June 15, 2011 Commissioner Bronson asked how many OP zones are in the city and what is the acreage. Ms. Clark replied that she does not have the acreage with her at this time. The West Campus area has the largest OP zone in the city. There is also a smaller one at l and 320 another at 21 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 19.235.010 and 19253.030 to allow any accessory use subject to certain site design and architectural features. The motion carried. Commissioner Carlson moved (and it was secondec� 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 ADJOU RN The meeting was adjourned at 7:25 p.m. K:\Planning Commissioo\201 I\Meeting Summary 06-I S-1 I.doc ��,�, �. r ,�` 'w` ,r w MEMORANDUM DA'rE: August 31, 2011 To: Chair Merle Pfeifer and Federal Way Planning Commission FROM Deb Barker, Senior Planner Isaac Conlen, Planning Manager SUB.TECT: Study Session for Temporary Uses and Temporary Businesses FiLE No: 10-102133-00-UP MEETING DATE: September 7, 2011 A. BACKGROUND On April 5, 2011, the Federal Way City Council approved the 2011 Long Range Work Program to include amendments to Federal Way Revised Code (FWRC) 12.25, "Temporary Businesses" and FWRC 19.225, "Temporary Uses," to make them consistent with each other. A number of topics are considered within this amendment, including a citizen initiated request to prohibit temporary car sales; clarification of requirements for temporary food carts or trucks; the issue of sales tax collection for temporary parking lot car sales; the duration of temporary uses and temporary businesses; and reduction of duplicative language. City planning staff began a stakeholder list of interested parties for the proposed amendment following its inclusion into the 2010 Planning Commission Work Program. Currently, the stakeholder list contains three citizens as of the date of this memorandum. B. PURPOSE OF THE STUDY SESSION Due to the relative complexity of the proposed amendment, staff decided to hold a study session to: (1) brief the Planning Commission of the city's existing temporary use and temporary business provisions; (2) gather input from the Planning Commission and interested citizens on larger policy issues; and (3) detail the next steps of the amendment process. Staff can provide regional examples of temporary use and temporary business policies at scheduled public meetings depending on policy direction. C. EXISTING FEDERAL WAY POLICIES Temporary Businesses: Businesses of a transitory nature or fixed duration are defined as temparary businesses pursuant to FWRC 12.25 (Exhibit A). Temparary business are required to comply with specific registration requirements so that the city lrnows what is occurring in a certain location ;' the � Per FWRC 12.05.040 ("Business registration"), "...no person shall transact, engage in or carry on any business, trade, profession, occupation, calling or activity in the city of Federai Way without first having been issued a proper and current police can be made aware of the temporary activiry; and South King Fire and relevant city departments know that there is a registered business that has gone through review processes and has obtained approvals through proper departments. Under FWRC 12.25: • Many defined temparary businesses are also temporary uses in the temporary use chapter. • Based on the city's business license application form, there is a$50 fee far a 90-day license far a temparary business/solicitors permit.� • Temporary business licenses are reviewed by the City Clerk and are subject to specific criteria and numerous conditions, many of which are repeated in the temporary use chapter. • Exceptions to the temporary business license provisions include no license required for those temporary businesses that operate no more than three (3) consecutive days; and business license fees are waived for non-profit businesses and other classes of businesses, persons, or products, as identified in the Revised Code of Washington (RCW). Temporary Uses: FWRC 19.275 (Exhibit B) establishes a mechanism whereby the city may permit a particular use to be conducted on a short term or temparary basis. • Temporary uses are only permitted in zones where that use (on a permanent basis) is not permitted. • There are two categories of temporary uses. Class I temporary uses include seasonal retail sales of agricultural or horticultural products; festivals; fundraising, and similar transient amusement, cultural, ar recreational activities. Class I temporary uses are subject to Use Process I review. This is an administrative review process with an hourly review fee and no public notice. Class I temparary uses are generally consistent with the definitions of temporary businesses per FWRC 12.25. • Class II temporary uses are those temporary uses that involve critical and essential human service of a nonprofit or social service nature, such as food banks and clothing banks. A Class II temporary use requires Use Process III review. This is an administrative review process that has a processing fee of $2,404 and requires public notice. • Temporary uses are reviewed by the Community and Economic Development Department and are subject to specific decisional criteria, dimensional requirements, frequency and duration provisions, and removal standards. � Regulations for temporary trailers and buildings, or other structures, for construction are included, as well as regulations for portable moving containers for temporary accessory moving activities. D. POLICY QUESTIONS There are several issues that warrant policy discussion for temporary business requirements and/or temparary use provisions. The following items are suggested for that discussion. This is not intended to be a complete list and staff will consider additional questions/comments provided by the commission and citizens prior to drafting a recommendation. More detailed information on this topic will be presented at the September 7, 2011, meeting. registration, in addition to any other required federal, state, local, or city licenses; unless the person has filed and qualified for exemptions therefrom." Z The fee for a"standard" business license is $75 for a new business and $50 for each renewal year. 3 The 2011 fee for Process TII. Code Amendment Study Session: Temporary Uses and Temporary Businesses File #]0-102133-UP August 31, 201 1, Planning Commission Memo Page 2 of 4 1. Should the City attempt to collect sales tax from businesses (temporary car sales specifically) that conduct sales operations in Federal Way, but actually "close" the sale in another city? Background.• Temporary car sales events are periodically staged in the city by out-of -town auto dealers. The vehicles are displayed in Federal Way while the actual sales transactions are concluded at the dealership located in another city, and that city collects the tax revenue from the sale. Collecting this revenue would benefit the city's budget and would be more equitable as it would cause the temporary car dealers to contribute to city tax revenue on the same basis as do permanent car dealerships in the city. However, crafting language that effectively addresses this issue may be difficult. 2. Should the city adopt provisions to prevent or discourage temporary businesses from competing with permanent brick and mortar businesses? (Per the citizen initiated request in attached Exhibit C.) Background: The citizen initiated request to prohibit temporary car sales is based on a claim of unfair competition by non-Federal Way based auto dealers who set up temporary car sales events in Federal Way. Adopting provisions that implement the request would benefit local car dealerships, but it raises serious questions about the appropriateness of the city's role in interfering with free enterprise. 3. Should the city exempt all businesses that operate for three consecutive days or less from the need to obtain a temporary business license? Background: Currently, no temparary business license is required far those businesses that operate far three consecutive days or less. This provision allows roadside fruit vendors to sell their goods for a short duration without obtaining a temporary business license, as an example. But this also means that a reoccurring temporary business such as the farmers market can occur without obtaining a temporary business license. 4. Should temporary uses be limited to zones in which the use is not allowed on a permanent basis (i.e. the existing city policy)? Background: Under FWRC 19.275.010, the city may permit a use to be conducted on a short term basis that would not otherwise be allowed in the zone proposed. This means that commercial uses that are permitted in a commercial zone cannot be conducted as a temporary use in that zone. It is not clear what intent this language is but it may have been an attempt to limit the competition between temparary and permanent businesses. This language serves to restrict mobile-based retail or service businesses, such as flower stand sales or food trucks, from operating on a temporary basis in the zone where that commercial use is allowed. Permitting commercial uses to be conducted on a short term basis in commercial zones would allow mobile-based temporary uses to operate legally in commercial areas of the city. This change; however, would bring temparary businesses into more direct competition with permanent uses. ° Typically, a separate company stages and publicizes the event. 5 Requested by .tohn Tsakonas/Evergreen Sales and Lease Code Amendment Study Session: Temporary Uses and Temporary Businesses File #10-102133-UP August 31, 2011, Planning Commission Memo Page 3 of 4 5. How should mobile food trucks/carts be regulated in the city? Background: Staff has seen inquiries about setting up mobile food trucks/carts increase over the years as the popularity of these uses expands nationwide. Current code language tends to discourage this temporary use by limiting the frequency and duration of the temporary use. This means that mobile food trucks or carts must either limit the duration of their business or be treated as a permanently established business, which may result in extensive screening or other zoning requirements or storm drainage upgrades. We may need a more nuanced approach to dealing with different types of mobile food trucks/carts. E. NEXT STEPS During the weeks leading up to the Planning Commission public hearing, staff will issue an environmental threshold determination as required by the State Environmental Policy Act (SEPA). Staff will consider comments provided at the study session. Upon confirmation of a public hearing date, and at least seven days before the Public Hearing, staff will issue a report to the Planning Commission that contains findings, conclusions, and a staff recommendation. Formal notice of the public hearing will be published in the Federal Way Mirror and posted at the city's bulletin boards. The staff report and notices will also be provided to stakeholders and anyone requesting copies of the documents. ExxrarTS: A FWRC 12.25 B FWRC 19.275 C Citizen Request far Code Amendment K:\2010 Code Amendments\Temporary Uses\Planning Commission\Study Session Memo02doc 6 FWRC 19.275.070, "Frequency and duration." The city may not grant a temporary use permit to the same user or at the same location more frequently than once in every 365-day period. The city may only approve a temporary use for s specified period of time, not to exceed 60 days, with a 60 day extension available. Code Amendment Study Session: Temporary Uses and Temporary Businesses File #] 0-102133-UP August 31, 201 1, Planning Commission Memo • Page 4 of 4 Chapter 12.25 ��f?��3�,��`!'� BUSINESSES� Sections: Article I. Generally 12.25.010 Definitions. 12.25.020 Unlawful activities. Article II. License 12.25.040 Required. 12.25.050 Exceptions. 12.25.060 Application — Procedure. 12.25.070 Separate licenses for separate places of business. 12.25.090 Conditions for issuance. Article I. Generally 12.25.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FVVRC 1.05.020. "Business" means all services and activities engaged in with the object of pecuniary gain, benefit or advantage to any person, or to another person or class, directl or indirectly, whether part-time or full-time. `� business" means all businesses of a transitory nature or fixed duration, including, but not limited to: (1) Circuses, carnivats, rodeos, fairs, or similar transient amusement or recreational activities other than adult entertainment licensed under Chapter 12.10 FWRC; (2) Christmas tree sales lots and flower stands; (3} Indoor or outdoor special sales, including swap meets, parking lot sales, warehouse sales or similar activities; (4) Garage sales and flea markets which exceed three consecutive days in length, (5) �� stands for the sale of items such as food, toys, jewelry, goods, art, crafts, firewood; and (6) Any other similar use of a transitory nature or fixed duration. (Ord. No. 09-600, § 8, 1-6-09; Ord. No. 91-110, § 1, 11-5-91; Ord. No. 90-62, § 1, 6-19-90. Code 2001 § 9-386.) 12.25.020 Unlawfu! activities. Notwithstanding any other provisions of this chapter, the granting of a ��"� �'€ x� bra3��,'�.�. ��p �� E� business license shall not authorize any person to engage in any activity prohibited by federal, state or local law or regulation. (Ord. No. 91-110, § 5, 11-5-91; Ord. No. 90-62, § 5, 6-19-90. Code 2001 § 9- 387.) Article II. License 12.25.040 Required. It is unlawful for any person to conduct, operate, engage in or practice any ��a� �°�� business in the city that is conducted, operated, engaged in or practiced �in whole or in art from real property located within the city, without having first obtained a, `�"` �:� business license from the city. (Ord. No. 91-110, § 2, 11-5-91; Ord. No. 90-62, § 2(A), 6-19-90. Code 2001 § 9- 401.) 12.25.050 Exceptions. 1 The followin shall be re uired to obtain a,`��'"��`� �" () g q ��;� business license if the activity exceeds three consecutive days in length except that no fee shall be charged for the license: (a) Business activities carried on by nonprofit organizations, including but not limited to religious, civic, charitable, benevolent, nonprofit, cultural, school or youth organizations. (b) Fraternal benefit societies, as defined in RCW 48.36.010, fraternal fire insurance associations, beneficiary corporations or societies organized under and existing by virtue of RCW 24.16.010 and 26.16.140, inciusive, if such corporations and societies provide in their bylaws for payment of death benefits as set forth in RCW 24.16.020 and 24.16.100. (c) Any business or activity which is exempt from payment of such fees as prescribed by this chapter by virtue of applicable provisions of the federal or state constitution, or applicable federal or state statutes. (d) Any religious society, association or corporation which operates any charitable hospital, clinic or institution devoted exc(usively to the care or healing of human beings. (2) Pursuant to RCW 36.71.090, no ,�� x �� , business license shall be required for any farmer, gardener, or other person to sell, deliver, or peddle any fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats or any farm produce or edibles raised, caught, produced or manufactured by such person in any place in this state. (Ord. No. 91-110, § 2, 11-5-91; Ord. No. 90-62, § 2(B), (C), 6-19-90. Code 2001 § 9-402. ) 12.25.020 Unlawful activities. Notwithstanding any other provisions of this chapter, the granting of a te�ip+��ary business license shall not authorize any person to engage in any activity prohibited by federal, state or local law or regulation. (Ord. No. 91-110, § 5, 11-5-91; Ord. No. 90-62, § 5, 6-19-90. Code 2001 § 9- 387.) Article II. License 12.25.040 Required. It is unlawful for any person to conduct, operate, engage in or practice any t+��carjr business in the city that is conducted, operated, engaged in or practiced in whole or in part from real property located within the city, without having first obtained a t�,��r�� business license from the city. (Ord. No. 91-110, § 2, 11-5-91; Ord. No. 90-62, § 2(A), 6-19-90. Code 2001 § 9- 401.) 12.25.050 Exceptions. (1) The following shall be required to obtain a temp�F�r� business license if the activity exceeds three consecutive days in length except that no fee shall be charged for the license: (a) Business activities carried on by nonprofit organizations, including but not limited to religious, civic, charitable, benevolent, nonprofit, cultural, school or youth organizations. (b) Fraternal benefit societies, as defined in RCW 48.36.010, fratemal fire insurance associations, beneficiary corporations or societies organized under and existing by virtue of RCW 24.16.010 and 26.16.140, inclusive, if such corporations and societies provide in their bylaws for payment of death benefits as set forth in RCW 24.16.020 and 24.16.100. (c) Any business or activity which is exempt from payment of such fees as prescribed by this chapter by virtue of applicable provisions of the federal or state constitution, or applicable federal or state statutes. (d) Any religious society, association or corporation which operates any charitable hospital, clinic or institution devoted exclusively to the care or healing of human beings. �"��`' business license shall be (2) Pursuant to RCW 36.71.090, no ��i�g�c�r�� required for any farmer, gardener, or other person to sell, deliver, or peddle any fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats or any farm produce or edibles raised, caught, produced or manufactured by such person in any place in this state. (Ord. No. 91-110, § 2, 11-5-91; Ord. No. 90-62, § 2(B), (C), 6-19-90. Code 200'! § 9-402. ) 12.25.060 Application — Procedure. �`� `��` ��' ��' business license shall include the antici ated An application for a t��p��,�`y p dates on which the ��1��'�,� business or businesses will be conducted. The city clerk shall review the application for compliance with the criteria and conditions set forth in FWRC 12.25.090. If all requirements set forth in FWRC 12.25.090 are met, the city clerk shall issue the license. If the requirements are not met, the license shall be denied and the cit clerk shall notify the applicant. No person may engage in or conduct a:�i�� business until a license has been granted. (Ord. No. 09-599, § 74, 1-6-09; Ord. No. 91-110, § 3, 11-5-91; Ord. No. 90-62, § 3, 6-19-90. Code 2001 § 9-403.) 12.25.070 Separate licenses for separate places of business. If more than one $ H , a�-� business is conducted on a single premises, a separate license shall be required for each se arate business conducted, operated, engaged in or practiced. If a,,__ �s � �� business is transacted at two or more places by the person within the city, a separate license shall be required for each place at which such �� business is conducted, operated, engaged in or practiced. (Ord. No. 91-110, § 2, 11-5-91; Ord. No. 90-62, § 2(A), 6-19-90. Code 2001 § 9- 404.) � 12.25.090 Conditions for issuance. (1) No � °:�� ; business shall be operated on any site without the express consent of the owner thereof. The applicant shall be required to provide a signed consent from the propert owner rior to the issuance of a license. (2) In conducting the ��;�:;� business, the applicant shall comply with all , state and federal laws, and all city ordinances and resolutions which are applicable to the use or the conduct thereof. (3) Each site occupied by a,�-�� `�"� business shall be kept free of debris ,�� and litter, and upon completion or removal of the :, �,: �,�� business, all debris, litter or other evidence of the �� '� �: business shall be removed. (4) Each site occupied by a- ,:�. ; business must provide or have available sufficient off-street parking and vehicular maneuvering area and access for customers. Each such site must provide safe and efficient interior circulation and ingress and egress from a ublic right-of-way. (5) In the event that a_,__ �� business is conducted within an established parking area, no more than 25 percent of the parking spaces may be occupied by or devoted to the $�� business use. ��,:� (6) No � __ �, business shall occupy or be conducted on public rights-of- way, parks or other public lands in any manner unless specifically approved by the city manager or designee. In the event that such occupation or use is authorized, the applicant shall be required to furnish liability insurance with the city as a named insured, in an amount to be determined by the city� m�anager commensurate with the risk associated with the conduct of the �:�� business. (7) All signs used in connection with any ��a�,y business shall comply with the applicab{e sign regulations of the city. 8 All � �_� �� (} ��i��i�� businesses shall obtain, prior to the conduct of the business or occupancy of any site, all required city permits, licenses or other approvals, e.g., buildmg permits, conditional use permits, etc. (9) All �� e %;.b businesses shall be conducted and operated pursuant to a plot or site plan submitted with the application and approved as part of the license. (10) The licensee shall maintain a current state retail sales tax number on file �� with the city for the duration of the �.';M, ��r� business. (11) The ��',�� business shall comply with all applicable standards of the county health de artment. (12) The ; � y ��;�.:� ; business and associated structures will be compatible with uses in the eneral vicinity and on adjacent properties. (13) No �� ;a � e�� . business shall adversely impact the public health, safety, or convenience, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct of uses and activities in the vicinity. (14) All personnel engaged in the �: �,��, �:� business shall remain fully clothed at all times and shall be neat and orderly in appearance. (15) �� n, businesses shall not use loud- speakers or other mechanical or audio devices which ro�ect sound be ond the area occu ied b the � � p J Y P Y �.�. �.k:�� business. Vendors shall not yell, shout or hawk their goods or services in such a manner that sound is audible beyond the immediate premises on which the `� f ` " Y business is conducted. (16) No �;� `�� business shall occupy a site or operate within the city for more than 90 days, whether consecutive or nonconsecutive, within any calendar year. (Ord. No. 91-110, 406.) § 4, 11-5-91; Ord. No. 90-62, § 4, 6-19-90. Code 2001 § 9- 1 Cross references: Penalty, FWRC 7.05.070; � ��,� uses, Chapter 1, 9.275_FWRC; Christmas tree lots in existence for no more than 30 da s a ear are exem t from the �'�° use ermit Y Y P ��' .�., P requirements, FWRC 19.275.100. {" Cha�ter 19 275 '� F ' "k � 3 - • ��,`��„�� ?r�' Sections: 19.275.010 19.275.020 19.275.030 19.275.040 19.275.050 19.275.060 19.275.070 19.275.080 19.275.090 19.275.100 19.275.110 19.275.120 Administration. Categories of ��'�� ,��. Process for deciding upon proposal. Application information. Criteria for issuance. Dimensional requirements — Development and performance standards. Frequency and duration. Removal. Bonds. Exceptions to ermit requirement. Regulation of �� trailers, buildings, or other structures for construction, real estate offices, and outdoor storage containers for construction-related materials. Regulation of portable moving containers for � '°� �� accessory moving activities. 19.275.O1Q Administration. This chapter establishes a mechanism whereby the city may permit a�� to be conducted on a short-term basis that would not otherwise be allowed in the zone in which rt is ro osed to be located. This chapter is intended to permit certain inherently � � ,.� .,. ;� ��µ ,� ��, that would not be allowed outright in the zone in which they are proposed, but which, if limited in time and strictly controlled by appropriate conditions, may be in the best interests of the residents of the city. (Ord. No. 94-209, § 3, 3-15-94; Ord. No. 91-112, § 1(127.05), 12-3-91. Code 2001 § 22- 546.) 19.275.020 Categories of ' _° �� The following cate��ries of =µ �� k �% .�'"°�� are established: . ��. � � ��_ ._ . _ Class I� � .� ,� :' are = : that do not fall under Class II •"> �, . .. ... . . . . nT..a . . n... � ' �;, such as seasonal retail sales of agricultural or horticultural products such as vegetable, fruit or flower stands; community festivals, circuses, carnivals, fairs, or similar transient amusement, cultural, or recreational activities; and fundraising, rummage or other outdoor sales s onsored b schools, churches and other nonprofit organizations. Class II ��p�� are ,� ,� ��"that involve critical and essential human services of a nonprofit social services nature, including food banks and clothing banks, but not including homeless shelters, when the director determines that the conditions �� prompting such proposal are of a critical and ,,.; �� nature. (Ord. No. 09-593, § 29, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 94-209, § 3, 3-15- 94. Code 2001 § 22-547.) 19.275.030 Process for deciding upon proposal. (1) An application for a Class I t�1��.;F � shall be reviewed by the director, under process I using FWRC 19.275.050, who shall issue a written determination approving, ��t� Y` R`9F5'M 3 P�5'4.6 conditionally approving or denying the �?t`�� permit within 10 days after the �. date of application; provided, that the director may require an application to be decided under process III using FWRC 19.275.050 when it is determined that the degree and scope of potential impacts of the pro�osal warrant such review. (2) An application for a Class II �e�� a�� shall be reviewed and decided upon using FWRC 19.275.050 and process III. (Ord. No. 09-594, § 150, 1-6-09; Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.10), 2-27-90. Code 2001 § 22-548.) Cross reference: Permits and certificates of occupancy, Chapter 19.20 FWRC. 19.275.040 Application information. All applications for a�; re � F�L x �� F � � y� �ermit shall be submitted prior to the requested date of commencement of the ��, ;� � i�� :;�� and shall include: (1) A completed application on the form provided by the department of community development services, along with all information listed in that form; and (2) An irrevocable, signed and notarized statement, b� the ro erty owner of record, granting the city permission to summarily abate the '�;'�: :��` � "�= and all physical � .r, � evidence of that �� if it is not removed within the period specified in the permit, and a reemg reimburse the city for any expenses incurred by the city in abating the ' p x ��' ��. If the permit is granted, this statement shall be recorded with King County at the expense of the applicant and will run with the pro�erty throughout the term of the permit, and shall be vacated at the termination of the ��, as determined in the city's sole discretion. (3) Such information necessary for the director of community development services to ��,�- evaluate the �,,� pursuant to FWRC 19.275.050. (4) If the application is subject to a land - �X Z '�' process, it shall include the appropriate materials for that process. See FWRC 19.15.035. (Ord. No. 09-594, § 151, 1-6-09; Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.15), 2-27-90. Code 2001 § 22-549.) 19.275.050 Criteria for issuance. The city may grant a� �� ' permit only if it finds that: (1) The proposed �, �° will not be materially detrimental to the public welfare or injurious to the pro e or im�rovements in the immediate viciruty; (2) The prorosed' �� is compatible with existing land `_ in the immediate vicinity; 3 The ro osed ,� �� g is not otherwise allowable in the zone in which it is � ) P P �°.,�� _.a,_ proposed; (4) The proposed ��n ��' _ �xb will provide a benefit to the residents of the ciTy which � - .:� ._.., ��-�� ;�� €� �,�� outweighs any undesirable effects of the proposed �. ��. (Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.20), 2-27-90. Code 2001 § 22- 550.) 19.275.060 Dimensional requirements — Development and performance standards. The city shall establish dimensional requirements�and develo�ment and performance standards as part of the approval of each proposed �� . The city will � the conditionally approving or denying the te�iiparary use permit within 10 days after the date of application; provided, that the director may require an application to be decided under process III using FWRC 19.275.050 when it is determined that the degree and scope of potential impacts of the proposal warrant such review. (2) An application for a Class II temporary us� shall be reviewed and decided upon using FWRC 19.275.050 and process III. (Ord. No. 09-594, § 150, 1-6-09; Ord. No. 94-209, § 3, 3-15-94; Ord. No_ 90-43, § 2(127_ 10), 2-27-90. Code 2001 § 22-548.) Cross reference: Pernnits and certificates of occupancy, Chapter 1920 FWRC. 19.275.040 Application information. All applications for a ten;poXat=y �.ise permit shail be submitted prior to the requested date of commencement of the ��r.r�parary use and shall include: (1) A completed application on the form provided by the department of community development services, along with all information listed in that form; and (2) An irrevocable, signed and notarized statement, by the property owner of record, granting the city permission to summarily abate the t�ri�paraty u�e and all physicai evidence of that 'Yt�e if it is not removed within the period specified in the permit, and agree�ng to reimburse the city for any expenses incurred by the city in abating the ��'� i��. If the permit is granted, this statement shall be recorded with King County at the expense of the applicant and will run with the property throughout the term of the permit, and shall be vacated at the termination of the u�e, as determined in the city's sole discretion. (3} Such information necessary for the director of community development services to evaluate the �� pursuant to FWRC 19.27�.050. (4) If the application is subject to a land t�e process, it shall include the appropriate materials for that process. See FWRC 19.1�.03�_ (Ord. No. 09-594, § 151, 1-6-09; Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.15), 2-27-90. Code 2001 § 22-549.) 19.275.050 Criteria for issuance. The city may grant a�'e�� : permit only if it finds that: (1) The proposed ��p,�� t� will not be materially detrimental to the public welfare or injurious to the property or improvements in the immediate viciruty; 9 r�:. ^�o 'Yx � e f w; r (2) The proposed �e�,� � t�� is compatible with existing land �e in the immediate vicinity; (3) The proposed t��np�� se is not otherwise allowable in the zone in which it is proposed; (4) The proposed �`�p, �" ,,�� i��i will provide a benefit to the residents of the city which outweighs any undesirable effects of the proposed ti�i�aa� z a� �e. (Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.20), 2-27-90. Code 2001 § 22- 550.} 19.275.060 Dimensional requirements — Development and performance standards. The city shall establish dimensional requirements and development and perfortnance standards as part of the approval of each proposed �e��i_� �e. The city will �se the nature of the proposed �� and the character of the surrounding area as guides in establishing these requirements and standards. (Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.25), 2-27-90. Code 2001 § 22- 551.) 19.275.070 Frequency and duration 4U �bZN1'�.�Ta��x'E$� £9 $'aZN.' The city may not grant a�t�� -� Permit to the sarne user or at the same location more frec�uently than once in every 365-day period. The city may only a rove a �`� �� '� �� for a specified period of time, not to exceed 60 days. A,��, `�� '�� . �.�,�� rnay . w. �:,� .. m�r operate up to an additiona160 days when the director of community development services determines that such an extension will be consistent with the requirements of FWRC 19.275.050 and, if applicable, Chapter 19.65 FWRC. (Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.30}, 2-27-90. Code 2001 § 22- 552.) 19.275.080 Removal. The city shall designate, as part of the approval of the �'�; ��`.� ;�� period following the expiration of the approval within which the � ,� -` must be terminated and all physical evidence of the �i� must be removed�by the applicant. If the , ;; tl and all physical evidence of the g �� are not removed within the time specified, the city will remove it under the authority provided in FWRC 19.275.040(1)(b). (Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.35), 2-27-90. Code 2001 § 22- 553.) 19.275.090 Bonds. Prior to engaging in any activity pursuant to an approval granted under this chapter, the applicant must post or establish a bond under Chapter 19.25 FWRC to insure compliance with the requirements of this chapter, with any condition or restriction on the approval and with the statements required under Chapter 19.25 FWRC. (Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.40), 2-27-90. Code 2001 § 22- 554.) 19.275.100 Except�ons to permit requirement. �� The following �� .� .�� may be conducted in commercial and industrial- commercial zones, and are exempt from the requirements of this chapter: (1) Christmas tree lots which exist for no more than 30 days in every 365 days. (2) Parking lot sales which are ancillary to the indoor sale of the same goods, amusement rides, carnivals and circuses, which exist for no more than seven days in every 180 days. (Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.45), 2-27-90. Code 2001 § 22-555.) Cross reference: Fireworks, Chapter 12.55 FWRC. 19.275.110 Regulation of ��:�tpd��rx trailers, buildings, or other structures for - construction, real estate offices, and outdoor storage containers for construction- ; related materials. �`�� ; trailers, buildings, or other structures used for construction offices, real estate sales offices, or outdoor storage containers used temporarily to store construction materials, and normally associated with construction of a building or development, are permitted on the subject property during building or development on or of the sub�ject property in any zone, subject to process I a �r�oval or integration into the land 5�� Process applicable to the underlying project ��, :�A E��, trailers, buildings, ar other structures and outdoor storage containers permitted under this section may not be located in required yards, except as noted in FWRC 19.125.160(10), unless ermitted in writing by the � a e g � e 1 �-�,� director of community development services �� _,�� outdoor storage containers for construction-related materials storage shall be placed to minimize visibility from surrounding streets, pedestrian areas, and properties and shall be painted a neutral color and/or screened from view if necessary to minimize visual impacts to surrounding � roperties, as determined by the director of community development services. Any °�: �� trailer, building, outdoor storage container or other structure permitted under this section must be removed from the subject property within six months after completion of construction of the improvements on the subject property, unless permitted in writing by the director of community development services. The crty ma require a ��, bond, under Chapter 19.25 FWRC, to cover the cost of removing the ��.� ', .�� trailer or building, if necessary. (Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 90-43, § 2(115.135), 2-27-90. Code 2001 § 22-963.) Cross references: Motor vehicles, FWRC Title 8; licenses and business regulations, FWRC Title 12; buildings and building regulations, FWRC Title 13. �� Wp�,��. 19.275.120 Regulation of portable moving containers for �`�; �?�� accessory moving activities. �� ,�� Portable moving containers may be used in any zone for the purpose of � ;�,3� accessory moving activities, subject to the following criteria: (1) Residentially zoned lots are allowed only one container at any time; (2) The size, materials, and design of the container must be consistent with the moving industry standard for the particular �� and setting; (3) Containers may not be placed in required side yards, rear yards, or critical areas setbacks, or interfere with safe sight distance or traffic circulation in adjacent streets and sidewalks; and (4) Containers may remain on a property no longer than 60 days in any 180-day period, unless approved by the director of community development services. (Ord. No. 08-585, § 3(E�. A}, 11-4-08. Code Z001 § 22-964.) 1 � � �� Cross reference: ��,� �ar� business regulations, Chapter 12.25 FWRC. b9 - ��3��f �' CITY OF Federal Vllay DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8' Avenue South PO Box 9718 Federai Way WA 98063-9718 253-835-2607;Fax 253-835-2609 www .cityo ffederalwav.com DOCKET FORM DATE OF SUBMITTAL l �^� ' D� � �d-2r' �� e� S�.YPS -+ L P�.r e NAME �� S a�i � ��I � S aDD�ss 3 3 Z � 6 P�. ��-� � � u'�, � s� i PHONE (please include azea code) Z � 3 " � 3�— S S�`/ �o�n cell ZS3—�I g� — Z6 i b TYPE (please check one) Comprehensxye Plan ❑ rd e.� .�,, Development Regulation t� DESCRIPTION OF DOCKETED ITEM Se � �-��l�e �( OD 3 Bulletin #026 — August 18, 2004 Page 1 of I k:\Handouts\Docket Form Proposal: Eliminate/restrict businesses from other cities from coming into Federal Way and conducting temporary "off-site sales". Reason: The cost to these businesses is simply the purchase of a temporary business license at a cost of less than $200.00. The revenues that these business generate and are not taxed by the City. There is no benefit to the City. Result: Local merchants suffer greatly. They pay business tax to the city, huge rent factors, utility bil�s, sewer, road improvements, etc, to the tune of hundreds of thousands of dollars per year for the opporlunity to do business in Federal Way. Allowing these temporary merchants to operate is a slap in the face of the hard working local merchants and their employees. Local merchants stimulate the economy by choosing to set up their businesses within the Federai Way community. On the other hand, these temporary "off-site sales" take from the community. They receive all the benefits of our community at absolutely no expense or risk to them, other than the purchase of a temporary business license. The large revenues these temporary businesses receive as a result of their dealings in Federal Way, go with them and become tax revenue for those cities where their businesses are located. There is no benefit to the City of Federal Way. In essence, local businesses aze ta�ced to pay for the infrastructure that allows and supports these merchants and their "off-site sales". Allowing `Businesses" of this type to operate within the City on a temporary basis can, and will cause many local businesses, some who have been operating within the community for many years, to go out of business, andlor relocate to other more favorable cities.. This in turn , causes a ripple effect, loss of jobs/ unemployment, loss of ta�cable income, property (commercial and residential) foreclosures, and the inability of the City to fund its budget. Bottom line: The City needs to restrict these business and support the local merchants, who in tuin, live within this City and provide support to this City.