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LUTC PKT 01-23-2012City of Federal Way City Council Land Use/Transportation Committee January 923, 2012 City Hall 6:00 p,m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/Description A. Approval of Minutes: December 5, 2011 � �r�e 6B.. Plate Compactor Replacement BC. Neighborhood Traffic Safety (NTS) Program; 2009 — 2011 Contract Closeout �D. Code Amendments; (1) FWRC Chapter 19.275 — Temporary Use; and (2) FWRC Chapter 12 — Businesses �E. Complete Streets Code Amendment — FWRC 19.135 "Development Improvements" 4. OTHER Presenter Page LeMaster 3 ' ` � Action or Info Action 7"�I�R Appleton 9 Action Hannahs 11 Action Barker Action 13 71 Perez 91 Action Council Date Time N/A 5 min. l..w. ��Z 7T�T ^^^^ / C� 3�;r ',�= 5 min. Feb. 7. 2012 Consent '-�. ',�„- '�� 5 min. Feb. 7, 2012 Consent Feb. 7, 2012 15 min. Ordinance 1� Reading '��. ',�„- '�� 10 min. Feb. 7, 2012 Ordinance 1� Reading 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting is scheduled for February 6, 2012 at 6:00 PM in City Hall Council Chambers. C• � � �1�1;T►1 Committee Members City Staff Linda Kochmar, Chai� Cary M. Roe, P.E., Director of Parks, Pub/ic Works and Emergency Management 1im Ferre/% Member Da�/ene LeMaster, Administrative ASSistant II lack Dovey, Member 1$3-835-1701 G.•I LUTC�LUTCAgendas and Summaries 1012�1 13-1011 LUTCAgenda.doc City of Federal Way City Council Land Use and Transportation Committee December 5, 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 Council members in attendance: Councilmember Jeanne Burbidge Staff in Attendance: Director of Parks, Public Works and Emergency Management Cary Roe, Deputy Public Works Director Ken Miller, Planning Manager Isaac Conlen, Contract Planner Jim Harris, City Attorney Pat Richardson, and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 6:07 PM. 2. PUBLIC COMMENT There was one public comment: Mark Flaten, 1301 SW 360`" St — Mr. Flaten spoke concerning the need for speed humps or some form of tra�c cadming device along SW 360`� St, between 8` Ave SW and 1 S` Ave SW. With the recently developed neighborhoods, Silverwood to the east and Madrona Park to the west, their has been a huge increase in pedestrian tra�c along with increased vehicde tra�c from either neighborhood. Yehicles also use SW 360` St as an alternate route to avoid speed humps along nearby streets. Director Roe spoke with Mr. Flaten after his public comment to get additional information to take back to staffregarding Mr. Flaten's request. 3. BUSINESS ITEMS Forward Topic Title/DescripNon to Council A. Approval of the November 7, 2011 LUTC Minutes Committee approved the l�lovember 7, 2011 LUTC minutes as presented. Moved: Dovey Seconded: Ferrell Passed: Unanimoasly, 3-0 N/A B. Proposed Amendments Related to High Profile Signs and Wall Mounted Banners Jan. 3, 2012 Ordinance Contract Planner Jim Harris presented information on this item. Committee member povey asked for clarification on the requirements for three high profile signs. Of the lazger developments within the city, would any of these developments have to relocate existing signs to accommodate the parameters of adding a third high profile sign? Mr. Harris confirmed that all existing developments will still be conforming if they add a third high profile sign. Committee Member povey wanted to make sure that all larger developments would be able to benefit from Pa Land Use/Transportation Committee this code amendment. December 5, 2011 Committee member povey inquired about wail-mounted banners, asking if these banners require a framework as well as how staff will be enforcing a banner policy. Planning Manager Conlen addressed the Committee and explained that enforcement is a separate issue. The City currently has a complaint based code enforcement system. As far as banners are concerned, they don't require a frame. The definition of banner is being modified to allow wall mounted banners as an approve sign type for all businesses in non-residential zones. Committee member povey suggested that high profile signs and wall mounted banners be voted on as separate issues. City Attorney Richardson confirmed that if Council desires, the ordinance can be converted into two separate items. Councilmember Burbidge commented that this code amendment may have been the result of business owners needing a more economical alternative to signs. Chair Kochmar invited Cynthia Stanley-Lee, Steadfast Commercial Properties General Manager to comment on this topic. Ms. Stanley-Lee, Generad Manager, Steadfast Properties, 1928-B S Commons, Federad Way — Ms. Stanley — Lee spoke in favor of high profile signs, stating they are very important to the mall, helping the mall to attract key stores. Committee member povey asked if the topic of an overhead banner across S 320`� Street has been looked into. Director Roe stated that this type of banner is a separate issue, but noted there has been other recent interest in addressing such a topic. It is likely that this topic will go to the next Parks, Recreation, Cultural Services and Public Safety Committee as an agenda item. Key items to be discussed will be the appropriate location to install such a banner, the cost estimate, and policy surrounding installation of the banner and who is eligible to advertise using this type of banner. Committee member povey asked about funding for the banner; would it potentially come from lodging ta�c funds? Director Roe responded that this topic may be appropriate to discuss at the City Councilmember Retreat in January 2012. Committee forwarded Option #1 as modified to separate the sign code amendments into two items, High Profile Signs and Wall Mounted Banners, forwarding each separately to the January 3, 2012 City Council Ordinance agenda for first reading. Moved: Ferrell. Seconded: Dovey Passed: Unanimously; 3-0 C. West Hylebos Creek Culvert Replacement/Removal and Flood Control Improvements — Jan. 3, 2012 Project Acceptance and Retainage Release Consent Deputy Public Works Director Ken Miller presented information on this item. Mr. Appleton was excused. There was no public comment or discussion. Committee forwarded Option #1 as presented. Moved: Ferrell. Seconded: Dovey Passed: Unanimously; 2-0; 1 Recusal 4. OTHER Chair Kochmar thanked Council and Committee member povey for his service to the City of Federal Way and the Land Use and Transportation Committee. Chair Kochmar also welcomed Councilmember Elect Bob Celski to the City. 3 G:\LUTC\LUTC Agendas and Summaries 2011\I2-5-1( Minutes.doc Land Use/Transportation Committee Page 3 December 5, 2011 5. FUTURE MEETING Due to the December 19, 2011 LUTC meeting being qancelled and January 2, 2012 being a holiday, the next LUTC meeting will be Monday, January 9, 2012 at 6:00 PM in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 6:37 PM. Attest: COMMITTEE APPROVAL: Darlene LeMaster, Administrative Assistant II Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member G:\LUTC\LUTC Agendas and Summaries 2011\12-5-1 I Minutes.doc COUNCIL MEETING DATE: January 17, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUB,IECT: 2012 Municipal Stormwater Grant of Regional Significance POLICY QUESTION Should the Surface Water Management submit a stormwater education and outreach program for funding through the 2012 Municipal Stormwater Grant of Regional Significance? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE January 9 , 2012 � ■ Public Hearing Other STAFF REPORT BY William Appleton, P.E., SWM Manager ��' DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated January 9, 2012. Options Considered: 1. Authorize staff to submit a stormwater education and outreach program for funding through the 2012 Municipal Stormwater Grant of Regional Significance. 2. Do not authorize staff to submit a grant application for fixnding through the 2012 Municipal Stormwater Grant of Regional Significance. MAYOR'S RECOMMENDATION Mayor recommends forwarding Option 1 to the January 17 2012 City Council Consent Agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL: Comm' ee Council Committee Council COMMITTEE RECOMMENDATION Committee recommends forwarding Option 1 to the January 17 2012 City Council Consent Agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION "I move to authorize staff to submit a stormwater education and outreach program for funding through the 201 � Municipal Stormwater Grant of Regional Significance. " �BELOW TO BE COMPLETED BY ClTY CLERKS 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 RESOLUTION # 5 CITY OF FEDERAL WAY MEMORANDUM DATE: January 3, 2012 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: 2012 Municipal Stormwater Grant of Regional Significance BACKGROUND' The Washington Department of Ecology is soliciting grant proposals for projects of regional or statewide significance to support implementation of the Municipal Stormwater General Permits issued in January 2007 and reissued for draft review in October 201 l. The $2.2 million dollars available for this purpose is carry- forward funding provided by the Washington State Legislature to local governments to support stormwater permit implementation. The grant is competitive and is only available to cities, towns and counties covered by a municipal stormwater permit. The maximum amount for each grant is $300,000 and no matching funds are required. Surface Water Management recommends submitting a grant application for the development of a regional program intended to improve stormwater education and awareness among elementary students. Once developed, the program would be implemented within Federal Way and ultimately across the Puget Sound region. The proposed program will be designed to allow Phase I and II NPDES jurisdictions to meet expanded education and outreach requirements proposed in the draft permit scheduled to go into effect in 2013. Surface Water Management proposes to develop a program that utilizes components of the "Salmon in the Classroom" program as a vehicle to expand stormwater education and outreach programs into the K-6 schools, assess program effectiveness and develop a long term partnership with the Public Schools. Specifically, the program would include, but not be limited to the following elements: • Establish the long term organizational structure of the program; • Develop stormwater curriculum to facilitate classroom education; • Develop testing material to assess program effectiveness; • Develop the stormwater/salmon display; and • Develop up to 11 program test sites at schools. Staff time to develop, design and implement the proposed program is estimated to cost approximately $60,000. Grant applications must be submitted by January 20, 2012, project completion must occur by June 30`�, 2013. Staff is requesting authorization to submit a grant application for the proposed education and outreach project for consideration of funding thru the 2012 Municipal Stormwater Grant of Regional Significance. 6 COUNCIL MEETING DATE: January 17, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUB.TEC'r: Plate Compactor Replacement POLICY QUESTION Should SWM replace the existing plate compactor utilizing a combination of replacement reserve and 2012 small tools funds? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution STAFF REPORT BY William Appleton, P.E., SWM Manager MEETING DATE January 9 , 2012 ❑ Public Hearing ❑ Other DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated January 9, 2012. Options Considered: Authorize staff to replace the existing plate compactor utilizing a combination of replacement reserve and 2012 small tool funds in an amount not to exceed $2,200. 2. Do not authorize staff to purchase a new plate compactor MAYOR'S RECOMMENDATION Mayor recommends forwarding Option 1 to the January 17, 2012 City Council Consent Agenda for approvaL MAYOR APPROVAL: DIRECTOR APPROVAL: C%��' � Committ e Council Committee Council COMMITTEE RECOMMENDATION Committee recommends forwarding Option 1 to the January 17 2012 City Council Consent Agenda for approvaL Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION "I move to authorize staff to replace the existing plate compactor utilizing a combination of replacement reserve and 2012 small tool funds in an amount not to exceed $2,200. " (BELOW TO BE COMPLETED BYClTYCLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # 7 CITY OF FEDERAL WAY MEMORANDUM DATE: January 9, 2012 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• Plate Compactor Purchase n BACKGROUND• In 2001, the SWM division purchased a plate compactor for $1,698 for use in construction and maintenance operations. The useful life of the compactor was estimated to be 10-years and it is now no longer functional, requiring repairs costing approximately $1,350. A new plate compactor is estimated to cost $2,100. Replacement reserves in the amount of $2,012 are available for plate compactor replacement. Staff is requesting that a new plate compactor be purchased for an amount not to exceed $2,200, using the available replacement reserves in combination with additional funding from the SWM small tools budget. cc: Project File Day File 8 COUNCIL MEETING DATE: January 17, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUB.TECT: Neighborhood tra�c Safety (NTS) Program 2009-2011 — Project Acceptance POLICY QUESTION Should the City Council accept the Neighborhood traffic Safety (NTS) Program 2009-2011 constructed by Tony Lind Paving LLC., as complete? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business �' ■ Ordinance ResoluNon STAFF REPORT BY Jesse Hannahs, P.E., Senior Traffic Engineer MEETING DATE January 9 , 2012 ❑ Public Hearing ❑ Other DEPT Public Works Attachments: Memorandum to Land Use and Transportation Committee dated January 9, 2012. Options Considered: 1. Authorize final acceptance of the Neighborhood Traffic Safety (NTS) Program 2009-2011 constructed by Tony Lind Paving, LLC in the amount of $73,900 as complete. 2. Do not authorize final acceptance of the completed Neighborhood Traffic Safety (NTS) Program 2009- 2011 constructed b Ton Lind Pavin , LLC as complete and provide direction to staff. _ ..........................................................................................Y......_.._........Y.............._.................................._.�...................................._........._........ __..............._.._.__._...---..._..._....._.......---._........--- MAYOR'S RECOMMENDATION Mayor recommends forwarding Option 1 to the January 17, 2012 City Council Consent Agenda for approvaL MAYOR APPROVAL: DIRECTOR APPROVAL: Committee Council Co Council COMMITTEE RECOMMENDATION Committee recommends forwarding Option 1 to the January 17, 2012 City Council Consent Agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION "1 move approval of final acceptance of the Neighborhood Tra�c Safety (NTS) Program 2009-2011 constructed by Tony Lind Paving, LLC in the amount of $73, 900 as complete. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances on[y) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: January 09, 2012 Land Use and Transportation Committee Skip Priest, Mayor Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Jesse Hannahs, P.E., Senior Traffic Engineer ,ti� Neighborhood Traffic Safety (NTS) Program 2009-2011— Project Acceptance BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The construction contract for the Neighborhood Tra�c Safety (NTS) Program 2009-2011 with Tony Lind Paving, LLC is complete. The final construction contract amount is $73,900. This is $6,100 below the $80,000 budget that was approved by the City Council on May 19, 2009. cc: Project File Central File K:\LUTC\2012\01-09-12 Neighborhood Traffic Safety Program Project- Finai Acceptance.doc 10 COUNCIL MEETING DATES: February 7, 2012, and February Z1, 2012 _ . _ _._.. _... _ _ __ _ _ _.._..... CITY OF FEDERAL WAY ITEM #: CITY COUNCIL AGENDA B ILL SUB.IECT: Amendments to Federal Way Revised Code (FWRC) Chapter 19.275 "Temporary Uses" that would result in temporary use and temporary business codes that are consistent with each other and which would further simplify the application process. POLICY QUESTION: Should the City of Federal Way approve amendments to Federn! Way Revised Code (FWRC) Title 19 that would result in temporary use and temporary business code provisions that are consistent with each other and which also simplify the application process? COMMITTEE: Land Use & Transportation Committee (LUTC) MEETING DATE January 9 , 2012 CATEGORY: ❑ Consent � Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Deb Barker Senior Planner ❑ Public Hearing ❑ Other DEPT: Community & Economic Development. Background: The Planning Commission conducted a public hearing on October 19, 2011, which was continued to December 7, 2011, for proposed changes to the temporary use code provisions. The Planning Commission voted to amend and forward E�ibit A to the City's LUTC. On January 9, 2011, the LUTC voted to forward the Planning Commission's recommendation for changes to the temporary use code to the Federal Way City Council. Attachments: (1) Draft Adoption Ordinance for temporary uses; (2) Staff Report to the Planning Commission for the October 19, 2011, Public Hearing with initial draft of Exhibit A, "Temporary Uses"; (3) Memo to the Planning Commission for the December 7, 2011, continuation of the public hearing with revised Exhibit A; (4) Minutes of the October 19 and December 7, 2011, Planning Commission Public Hearings; and (5) Minutes from the January 9, 2012, LUTC meeting. Options Considered: 1) Adopt the proposed amendments recommended by the Planning Commission as contained in the Draft Adoption Ordinance; 2) Modify and adopt the amendments based on Planning Commission's recommendation; or 3) Do not ado�t the �ro�osed amendments. __ __ STAFF RECOMMENDATION: Staff recommends that the Council approve Option #1; adopt the proposed amendments recommended by the Planning Commission as contained in the Draft Adoption Ordinance. _�.,,, MAYOR APPROVAL: / .�///�fF DIRECTOR APPROVAL: Council ( �ommittee Council COMMITTEE RECOMMENDATION I move to adopt the Planning Commission's recommendation and the proposed draft ordinance to First Reading on February 7, 2012. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (FEBRUARY 7, 2012): " I move to forward the draft ordinance to Second Reading and enactment at the February 21, 2012 Ciry Council meeting. " 2 READING OF ORDINANCE (FEBRUARY 21, 2012): "! move approval of the draff ordinance. " (BELOW TO BE COMPLETED BY CITY CLEIRKS OFFlCE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED l reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # RE VI SED - 08/ l2/2010 RESOLUTION # 11 Attachment to Agenda Bill Item Attachment # 1- Draft Adoption Ordinance for temporary uses �z ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to temporary uses; amending FWRC 19.275. (Amending Ordinance Nos. 09-594, 09-593, 08-585, 07-559, 97-291, 94-209, 91-112, and 90-43) 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 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt new language which would ensure that temporary businesses and temporary use provisions are consistent with each other, and which would simplify the application process for temporary uses in the City of Federal Way; and WHEREAS, temporary uses can be considered a vital and vibrant activity within the City where mitigated by development standards; and WHEREAS, it has been noted that the existing temporary use and temporary business registration procedures are duplicative, confusing, and place unnecessary limitations on temporary uses within certain zones, which does not encourage economic development; and WHEREAS, the City has determined that certain temporary businesses are also temporary uses; and WHEREAS, by incorporating these code parameters applicants will be required to obtain only one city approval (in most cases a temporary business registration); time limits and exemptions will be standardized between temporary uses and temporary business registrations, based on the zoning district; and temporary uses would be allowed based upon meeting defined performance standards and not be automatically precluded from certain zones based on the code as currently prescribed; and 13 WHEREAS, providing flexibility in the location and quantity of temporary portable storage containers within residential zoning districts supports those residents who are involved in temporary moving activities; and WHEREAS, on October 1, 2011, the City properly issued a Determination of Nonsignificance (DNS), noting that certain temporary uses are consistent with temporary businesses; and WHEREAS, the Planning Commission is not responsible for recommendations to FWRC 12, "Business Registration," they were however, provided copies of proposed changes to FWRC 12.05 and 12.25 when they reviewed proposed changes to FWRC 19.275; and WHEREAS, the Planning Comxnission conducted a study session on temporary uses on August 31, 2011; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on the temporary uses code amendment on October 19, 2011, which was continued on December 7, 2011, and forwarded a recomxnendation of approval to the City Council; and WHEREAS, a code amendment request made by a local car dealer to eliminate temporary car sales in the City was evaluated by the Planning Commission and ultimately not supported; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered the temporary uses code amendment of FWRC 19.275 on January 9, 2012, and recommended adoption of the text amendxnent as recommended by the Planning Commission; and WHEREAS, at their January 9, 2012 meeting, the Land Use/Transportation Committee of the Federal Way City Council also considered text changes to FWRC 12.05 "Business Registration" and FWRC 12.25 "Temporary Businesses" that compliment proposed changes to FWRC 19.275 "Temporary Uses," and recomxnended adoption of the text amendments; and WHEREAS, adopted changes to Chapter 19.275 shall take effect and be in force thirty (30) days from publication in order to be consistent with the timelines of adopted changes to title 12, FWRC; Ordinance No. 11- K�Z010 Code Amrndmrnts\Temporary Uses\LUTC�Temporary Uses\Ordinance- I for LUTC temp uses.doc Page 2 of l l Rev 1/10 LU 14 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAI, 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 amendment. (a) This code amendment for temporary uses is in the best interest of the residents of the City and will benefit the City as a whole by defining standard parameters, requirements, timelines, and exemptions for temporary uses and temporary businesses within residential and non-residential zoning districts; thus ensuring that temporary uses and temporary businesses can succeed without generating adverse impacts. (b) This temporary use code amendment complies with Chapter 36.70A RCW, Growth Management Act. (c) This code amendment is consistent with the intent and purpose of Title 19 FWRC and will implement and is consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) This temporary use code amendment bears a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) This code amendment has followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.275 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 temporary use amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUG4 Maximize efficiency of the development review process. EDP15 The City will continue to implement a streamlined permitting process consistent with state and federal regulations to reduce the upfront costs of locating businesses in the City. EDP18 The City will periodically monitor local and regional trends to be able to adjust plans, policies, and programs. Ordinance No. 11- K:\2010 Code Amendments\Temporary Uses\LU1'C�Temporary Uses\Ordinanco- 1 for LUTC temp uses.doc Page 3 of ll Rev 1/10 LU 15 EDGS The City will encourage and support the development of recreational and cultural facilities and/or events that will bring additional visitors to Federal Way, and/or increase visitor spending. EDG6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because the temporary business registration provides the same level of review of a temporary use proposal with less cost and a shorter review time for the applicant; thus, allowing a streamlined review process for most temporary use proposals when a temporary business registration is obtained, and any potential impacts that are identified for the temporary uses will be addressed through existing codes, or mitigated through conditions imposed by the city. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it would provide consistency for those temporary uses or temporary businesses that operate in the city. Impacts for all temporary activities would be consistently mitigated, and the processes clarified. It is in the best interest of the residents of the city to identify and eliminate regulatory redundancies in the municipal code to promote economic development. Section 3. Chapter 19.275 of the Federal Way Revised Code is hereby amended to read as follows: Chapter 19.275, Temporary Uses Sections: 19.275.010 �� Purpose and applicability. 19.275.020 Categories �e�ses. 19.275.030 Zoning compliance. 19.275.939 040 Types of temporarv uses, ngrocess apvlication requirements, and exceptions. 19.275.948 O50 Duration 19.275.&59 060 Performance standards � 9-� i ,. r� i . � -- e....,..a.,_-+� � 9-� . 19.275.070 Food trucks/carts. � ��c nQn ne,...,.....t r v-�� -xcvrav^�ur. � � ��c nnn a,.�a., Ordinance No. 1 !- Page 4 of l l Rev 1/10 LU K\2010 Code Amendmen[s\Temporary Uses�I,UTC�Tempormy Uses\Ordinanco- I for LUTC temp uses.doc 16 19.275.�-A 080 Regulation of temporary trailers, buildings, or other structures for construction,-rea� �°��,�*° ^�; temporary business or sales, and outdoor storage containers for construction-related materials. 19.275.�A 090 Regulation of portable moving containers for temporary accessory moving activities. 19.275.010 �� Purpose and applicability. , , , a•.• �. ,�, �. � :...e �.� „�+i,� •ae�� „�.�,e ,.;+. The purpose of this section is to establish a mechanism to permit certain temvorarv uses and structures to be conducted on a short term basis and provide performance standards for re�ulatin� such uses and structures to ensure their compatibility with existing uses and to prevent conflicts between pedestrian or vehicular movement access to utilities or emer�encv response. It is recognized that certain temporary uses while creatin�short term noise parkinQ and traffic issues are beneficial to the residents of the city and should be allowed It is also reco�nized that certain temporary uses are also temporary businesses as defined in FWRC 12.25. (Ord. No. 94 § 3, 3 Ord. No. 91 § 1(127.05), 12 Code 2001 § 22 19.275.020 Cate�ories ��er•a�-�tses. "Temporar�.� ��" means all uses of a short term nature or fixed duration which do not reauire permanent construction and which are annroved with a specific time limit. � The following categories of temporary uses are established: � Class I temporary uses are temporary uses +�_ ` a *�" '' `�'"°° n+ °"""'""""'_ °°° i a:xacx vxaoTxx-ccxxm�� SUC SS seasonal retail sales of agricultural or horticultural products such as vegetable, fruit or flower stands; farmers markets; community festivals, circuses, carnivals, fairs, concerts or similar transient amusement, cultural, or recreational activities; fundraising events; � outdoor sales, sgc�se}e� , , . swa�meets• te �oraiy stands for the sale of items such as food toys iewelx��oods art and crafts and firewood• food trucks/carts• and similar uses of a temporary or transitorv nature or fixed duration as deternuned bv the director. � Class II temporary uses are temporary uses that involve critical and essential human services of a nonprofit social services nature, including food banks and/or clothing banks, but not including homeless shelters, when the director determines that the conditions prompting such proposal are of a critical and temporary 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 ZoninQ compliance. �1) Class I tem�orar� uses shall onlx be allowed in zonin� districts where the use is authorized as a permanent use�ursuant to the zoning charts of FWRC 19 195 throu�h 19 240 except as noted below. �) Churches schools and public agencies mav conduct temporary uses in residential zones subject to the time limits specified in FWRC 19.275.050. �) Special event temporarv uses such as farmers markets fairs festivals and similar communitv- oriented uses may be allowed in anv non-residential zone at the discretion of the director. �) Class II temnorar� uses are allowed in an�non-residential zone. Ordinance No. I1- K:\Z010 Code Amrndments\Temporary UsesU.UTC�Temporary Uses\Ordinance-1 kr LUTC temp uses.doc Page S of 1 ! Rev 1/10 LU 17 19.275.A38 040 Types of temporary uses, �Process �~ a°�:a: „�^^ ""^�'°c' application requirements, and exceptions. , . . , , ; � �i...+ ��o ao,...ee a c..,,Fo„�:.,i • +� c*�o i * �. • crra�criv-uvgrvc-uinr3cv�p pzvpviisr=v`rariuir� u cic�rrT ::°.'.'.'. � 1) Class I Temporary Use: (a) An application for a Class I temporary use shall be�rocessed as a use process I application and can be a�proved if found consistent with the performance standards of FWRC 19.275.060. The director shall issue a written determination approvin� conditionally approving, or denying the temporarv use• provided that the director may require an application to be decided under process III as provided in FWRC 19 275 040(2) when it is determined that the degree and scope of potential impacts of the temporary use proposal warrant such review. (b) All annlications for a Class I temporary use permit shall be submitted at least 30-day�rior to the rec�uested date of commencement of the temporarv use and shall include: (i) A completed master land use application for a temporary use on the form provided bv the Community and Economic Development Department alon� with all required signatures and temporarv use information listed in that form, including siQned consent from the propertv owner; (ii) Required fees: and (iii) Such information as is necessary for the director to evaluate the temporary use pursuant to FWRC 19.275.060. (c) Exceptions. ��y Class I temporary use that is required to obtain a temporarv business registration �ursuant to FWRC 12 25 shall not be reauired to obtain a Class I temporary use �ermit pursuant to this chapter but shall be required to com�,lv with the substantive provisions of this chapter including the zoning compliance of FWRC 19.275.030. (ii) The followin� temporary businesses or activities if generally consistent with their surroundings, shall not be required to obtain a tempora . r�se permit: �a,) Residential �ge or yarcl sales of typical size and duration; (bl Merchandise and food sales bv scouts �uides and similar nonprofit organizations; (c) Typical residential-based lemonade and similar stands; (d) Charitable car washes: and � �e) Temporarv uses/activities of a similar nature as determined by the director. �iii) Parking lot sales that are ancillary or directiv related to a permitted use that operate less than twelve�l2) consecutive or nonconsecutive days within a 180-dayperiod, and which do not create parking or traffic unpacts shall not be required to obtain a Class I temporary use pernut. �2) . . . Class II Temporary Use: (a) All applications for a Class II temporary use shall be reviewed and decided upon usin� FWRC 19.275. 040 andprocess III. (b) All aQplications for a Class II temporar�use permit shall include: �il A comnleted master land use application on the form provided by the Community and Economic Development Devartment along with all required signatures and information listed on that form; (iil Required fees; and (iii) Such information necessary for the director to evaluate the use pursuant to FWRC 19.275.060. (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. Ordinance No. 1!- Page 6 of !! Rev 1/10 LU K:\2010 Code Amendmrnts�Temporary Uses\LUTC�Temporary Uses\Ordinanca i for LUTC tanp uses.doc 18 19.275.848 O50 Duration t xT Tcvazpirica n�in-2ccz�xrvxxZar,riA£f3��r��P�12E��P�k�E ..1..,....�,:+1� .,11 :,.F ........t;..., t:�ro.i :., +1,�+ F ....... ...,.1 e�� . � � � e ' f (1) Residential Zonin� Districts A temporarv use mav occu�y a site for no more than seven (7) davs per occurrence twice within any 365-dayperiod unless otherwise regulated. The director mav authorize uu to one seven (7Ly extension per occurrence if such extension will be consistent with the requirements of this chapter Any extension request shall be subject to a�plicable hourly review fees. (2) Non-Residential Zoning Districts A temporar�use m� occu�v a site for no more than fortv-five �451 davs whether consecutive or non consecutive within a calendar �ar. The director mav authorize up to one fifteen (15) dav extension if such extension will be consistent with the requirements of this chapter. An�extension request shall be subject to applicable hourly review fees. No more than one extension mav be �ranted within any 365-day period. (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.�58 060 �-~`°-~° � ~ �°°•��~^° Performance standards. T7.. 't + + '� 1 '�'t C, .a +l..,r. nxv ccza��—» v !'f r�ncpxvpvoccicrapvxur) — a�czTCOmfn.ic��1}P - oVx + ssEliE�ff�3�'� •, " •, � , ' „ +t°° �E�3ti��$"�� /2\ Tl� ,� + r +1. ..il,. ..t�lo «, +l,o _ .. .�.1�:..1. :� , .. .., 0.1 � :� r .... r �+ � i r r r � Anvroved temporary uses shall com�lv with the following performance standards; �1 A temporarv use shall not be conducted or locate on any site or property without the exvress consent of the owner(s thereof. (2) In conducting the tem�orarv use the applicant shall comL�,l,v with all county state and federal laws and all city ordinances and resolutions which are applicable to the use or the conduct thereof, and shall obtain prior to the conduct of the business or occugancy of any site all required citv permits, licenses, or other approvals. �3) Temnorarv uses proposed within residential zonin� districts shall not be permitted if thev cause significant adverse impacts to residential uses taking into consideration the characteristics of the residential neiQhborhood and the scale and duration of the temporarv use. �4) The te �orary use and associated structures shall be compatible on a short term basis, with uses in the �eneral vicinitv and on adjacent properties. Ordinance No. 1 !- K:\2010 Code Amendments\Temporary Uses\LUTC�Temporary Uses\Ordinance-1 for LUTC temp uses.doc Page 7 ojl l Rev 1/10 LU 19 �5) Each site occupied bv a temporary use shall be ke�t free of debris and litter and upon completion or removal of the temporary use all debris litter or other evidence of the temporarv use and associated activitv shall be removed. �) Each site occupied b�a temporary use must provide or have available sufficient off-street narkin�, vehicular maneuverin� area and access for customers and must �rovide safe and efficient interior circulation and ingress and e�ress from a public or private right-of-way. A tempararv use that is conducted within an established parking area shall not reduce available parkin� to the point that insufficient parkin exists for the combination of uses on the site. (7) All signs used in connection with anv temporary use or activit�shall comply with the avvlicable si�n regulations of the citv. (8) Temporary uses shall not unreasonably im�act the public health or safety, or create traffic hazards. The city may impose additional security measures and/or traffic control requirements. (9) The noise associated with a temporarv use shall not create a public nuisance or exceed the maximum decibel provisions of Chapter 7 FWRC. �101 The director may impose additional measures to miti atg�e anv impacts resultin� from the temporary use The director may exercise discretion in the applicabilitv of the above performance standards to achieve the purposes of this chapter. (Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.20), 2-27-90. Code 2001 § 22-550.) . ._. . ._ _ .r:�e�. . •. .. .. • .. . .. _ .. . . � Y• _ ' ' ' ' _ ' ' " " '_ Y.- " _ "' ' � ♦ - -� ' N . � • � � • ' _ � � . • � � � • � i � _ • � � � � � - � � 19.275.070 Food trucks/carts. �1) Food trucks/carts shall be regulated as follows: �,) Food trucks/carts that operate less than four (4) hours at a location within anv 24-hour period are not considered temporary uses but shall obtain either a business registration or a temporarv business re�istration dependin� on the duration of their business activitv within the city. An example of this tvpe of food truck/cart is an ice cream truck. �b) Food trucks/carts that operate more than four (4 hours at anv one location within a 24-hour period shall be considered either: �) A temporary use if occuQyin� the site less than or ecLual to the duration allowed in FWRC 19.275.050, or (iil A permanent use if occu��,the site longer than the duration allowed in FWRC 19 275 O50 Permanent food trucks/carts shall be subject to the process and substantive provisions of Title 19 FWRC. consistent with a brick and mortar business. Ordinance No. !!- K:\2010 Code Amendmerts\Temporary Uses\LUTC�Temporary Uses\Ordinance-I for LUTC temp uses.doc Page 8 of I I Rev 1/10 LU 2� • .•. �- . . ... . �. �� . . .� . .. .. . ... � - '- _ - - - - � • - ' - - - • .• . �, �� , . .� ,. .. .. , � �i � ri. . . i� i,• i. +� o+�.,, �n a., o o.... ��c a,.., � ,° > > � • . . , . , ; . . , , � • • � • , • �nni r �� ccc � Cross reference: Fireworks, Chapter 12.55 FWRC. 19.275.�8 080 Regulation of temporary trailers, buildings, or other structures for construction, �e ^r� temporarv business or sales, and outdoor storage containers for construction-related materials. Temporary trailers, buildings, or other structures used for construction offices, r°° °�4..4e �..,o.. ^�� temporarv business or sales, 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 subject property in any zone, subject to process I approval, or integration into the land use process applicable to the underlying project. The following�erformance standards apnlv: � Temporary trailers, buildings, or 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 permitted in writing by the director ' � • � Temporary outdoor storage containers for construction-related materials storage shall be placed to minimize visibility from surrounding streets, pedestrian areas, and properties_ � �3) Temporarv outdoor storage containers should be painted a neutral color and/or screened from view if necessary to minimize visual impacts to surrounding properties, as determined by the director e€ � Any temporary 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 e€-se�tx�} � The city may require a bond, under Chapter 19.25 FWRC, to cover the cost of removing the temporary trailer or building, if necessary. (Ord. No. 08-585, § 3(E�ch. 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. Ordinance No. l 1- K:�2010 Code Amendments\Temporary Uses\LUTC�Temporary Uses\Ordinanco- I for LUTC temp uses.doc Page 9 of I ! Rev 1/10 LU 21 19.275.�9 090 Regulation of portable moving containers for temporary accessory moving activities. Portable moving containers may be used in any zone for the purpose of temporary accessory moving activities, subject to the following criteria: (1) Residentially zoned lots are allowed only e�e-two containers at any time; (2) The size, materials, and design of the container must be consistent with the moving industry standard for the particular use and setting; (3) Containers may not be placed in required side yards, rear yards, or critical areas setbacks, exc t under special circumstances as allowed bv the director, 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 l 80-day period, unless approved by the director • (Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-964.) 1 Cross reference: Temporary business regulations, Chapter 12.25 FWRC. Section 4. 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 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective da.te of this ordinance is hereby ratified and affirmed. Ordinance No. 1 !- Page 10 of !! Rev 1/10 LU K;\20I0 Code Amendments\Temporary Uses\LUTC7Temporary Uses\Ordinanco- t for LUTC temp uses.doc 22 Section 7. Effective Date. This ordinance shall be effective thirty (30) days after passage and publication in order to be consistent with adopted changes to Title 12 FWRC and 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.: Ordinance Na 1 !- K:�2010 Code Amendments\Temporary Uses�I.UTC\'femporary Uses\Ordinanco-1 for LUTC temp uses.doc Page 11 of ! 1 Rev 1/10 LU 23 Attachment to Agenda Bill Item Attachment #2 - Staff Report to the Planning Commission for the October 19, 201 l, Public Hearing with initial draft of Exhibit A, "Temporary Uses" 24 �( � yy! r�k3 ��i} &�' ��T i V P .. $...ti:.. �� ' ��'V1�� STAFF REPORT TO THE PLANNING COMMISSION Public Hearing of October 19, ZO11 Amendments to Federal Way Revised Code (FWRC) FWRC 19.225, "Temporary Uses" Federal Way File No. 1a102133-00-UP I. BACKGROUND AND PROPOSED AMENDMENTS The purpose of the proposed text amendments is to: (a) eliminate redundancy between the temporary use and tem�orary business provisions of the. city code; (.b) siYnplify the application and re�iew process; and (cj builc�in appropriate flexibility to allowa wide varietyof temporary uses, while mitigating undesirable impacts. The proposed amendments to the identified portions ofFederal Way Revised Code(FWRC) Title 19, "Zoning and Development Cod�" together with proposed amendments to FWRC Title 12, "Businesses," would result in temporary business and temporary use provisions that are consistent . with each other and would further simplify the application process. Currently, these adopted codes are somewhat duplicative and not always consistent. T'he existing�rnporary use and temporary business registrationprocedures are confusing and place unnecessary limitations on temporary uses within certain zones. As a result, the goal of encouraging economic d�elopment is hampered at times. In a study session conducted on September 7, 2011, the Planning Commission provided direction to staff on a number of topics related to temporary uses and temporary businessegistrations At this time, the Planning Commission is being asked to review th�roposed changes to FWRC 19.275, attached asExhibitA, arid forward a recommendation to the City Council Land Use/Transportation Committee (LUTC) and City Council. The Planning Commission does not have jurisdiction over FWRC Title 12, "Businesses," and is not asked to make a recommendation on changes to that chapter. Given the interconnectedness of the proposed changes to the two chapters, we have provided draft edits to FWRC Title 12 for reference (Exhibit B and Exhibit G� and also discuss the proposed chaiges within the staff report This proposed code revision is part of the 2010 Planning Commission Work Progrartas adopted by the City Council. --.1I._ ANAi,YSLS9�PRQPQSED.CQI2E.E�,M.�N.DL�ELYT� __.__---- . __-- .----- -- ---- __ _ - - . ----_ _ . _ __ A. Proposed Code Amendments The proposed amendments would modify pations of the temporary use section under FWRC 19.275, (as well as portions ofFWRC 12.05 and FWRC 12.25) for the following results: 25 Establishes that temporary use approval will not be required when a tempor�r business registration is required; Temporary uses shall operate no more than 90 days with the potential of on�0-day extension per year; and Temporary uses must comply withspecific performance standards. The draft code amendment is enclosed asExhibit A. Language proposed to be deleted is shown as st-�ilEee�tt format, while proposed new language would be shownas underline. B. Rationale for Proposed Changes Currently, the temporary uses chapter ofthe city code is inconsistent witt� and partially redundant to, the temporary businessregistration code provisions. For exampte most temporary uses are required to obtain both a temporary use permit and a temporary businessegistration Additional(y the temporary uses chapter is inflexibie regarding what types oPtemporary uses are allowed in variouszones. The rationale for the proposed code amendments is to correcthe above referenced problems. The proposed code amendments will result in the following improvements: (a) applicants will be required to obtain only one city approval (in most cases a talporary businessregistration); (b) time (imits and exemptions will be standardized between temporary uses and temporary business registrations and (c) temporary uses will be allowed based upon meeting defined performance standards (and will not be autom�icatly precluded from certain zones based on use asthe current code prescribes). The proposed code amendments will lead to the fo(lowing specific improvements: (a) staff will have a clear understanding of the review and approval process for temporary �(and businesses); (b) applicants will have a c(ear understanding of the application process; (c) applicants will benefit from a strea►�iined review process; and (d) applicants will have more flexibility as to the types of temporary uses that are allowedThese improvements are intended to create an improved business climate, especially for small businesses. One downside of the proposed amendments, from a city fiscal perspective, is that by eliminating the requirement for applicants to obtain both a temprary use percnit and temporary business registratioq the city ioses fee revenue (both because oniy one fee is charged and because that fee is the lower of the two fees).As a result, city staff will invest essentia(ly the same resources in review and prooessing time, but receive less fee revenue to cover the cost of that work. Given the overa(( benefits of the proposed code amendments as described above, and the fact that we process only a small number of temporary use permits annually, it is felt that U� minor subsidization� of temporary use is an acceptable trad�off. III PROCEDURAL SUMMARY _P_ubli�nQtic�.of_th�O�t.�he�_19,.2011, Planning �_�mmicciQn �utzl�he.aring_�a�_pukzlished on _ .. __ ---- - October 1, 2011, and posted on September 30, 201 l, in accordance withthe city's procedural requirements. As of this date, no comments have been received from the public on this proposal. � Most if not all land use reviews aze subsidized in that review fees are not adequate to cover the actual cost of permit intake, review and issuance_ Proposed Code Amendments, Temporary Uses File # 10-102133-00-UP October 19, 201 I, Planning Commission Staff Report Page 2 of �i 26 IV. DEC[SIONAL CRITERIA FVVRC Chapter 19.80.130 provides criteria for zoning text amendments. The foltowing section ana(yzes the compliar�e of the proposed zoning text amendments with the criteria provided by this chapter. The city may amend the text of the FWRC on(y if it finds that: 1. The proposed amendments are consistent with the appticabie provisions of the comprehensive plan. The proposed FWRC text amendments are consistent with the followin�'ederal Way Comprehensive Plan (FWCP) policies: LUG4 Maximize efficiency of the development review process. LUP6 Conduct regular reviews of development regulations to determine how tomprove upon the permit review process. EDP15 The City will continue to implement a streamlined permitting process consistent with state and federal regulations to reduce the upfront costs of locating businesses in the City. EDP18 The City will periodically monitor local andregional trends to be able toadjust plans, policies, and programs. EDGS The City wil( encourage and support the development of recreational anc�uiturai facilities and/or events that will bring additionat visitors to FederallVay, and/or increase visitor spending. EDG6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. T'he proposed FWRC text amendments bear a substantial relationship to the public health; safety, and welfare because they will atlow a streamlined review process for most temporary use proposals as temporary businessregistrations are obtained. The temporary busness registration provides the same level of review of a temporary use proposal with tess cost and a shorter review time for the applicant. Any potentiat impacts that are identified for the temporary businesses will be addressed through existing code� or mitigated throughconditions imposed by the city. 3. The proposed amendments are in the best interest of the residents of the city. Approval of the proposed text amendments would benefit the city as a whole as the amendments woutd provide consistency for those temporary uses or temporary businesses that operate in the city. Impacts for all temporary activities would be consistently migated, and the processes c(arified. It is in the best interest of the residents of the city that the city identifies and eliminates regulatory redundancy in the municipal code. — ----- --------- - _---- _ . _ __ __ _ . - -------- – - ---- - _ _-- _ _ _-- -- ---- - V. STAFF RECOMMENDATION Based on the above staff analysis and decisional citeria, staff recommends that the following amendments to FWRC Title 19, "Zoning and Development Codes," be recommended for approval to the Land Use/Transportation Committee (LUTC) and City Councit. Proposed Code Amendments, Temporary Uses File # 10-102133-00-UP October 19, 201 i, Planning Commission Staff Report 2'7 Page 3 of 4 l. Modifications(as identified inExhibitA) to FWRC Section 19.27� "Temporary Uses." VI. PLAIYNING COMMISSION ACT[ON Consistent with the provisions of FWRC Chapter 19.80.240, the P(anning Commission may take the following actions regarding the proposed deve(opment code text amendments: 1. Recommend to theCiry Council adoption of the FWRC text amendments as proposed; 2. Modify the proposed FWRC text amendments andrecommend to the City Counciladoption of the FWRC text amendments as modified; 3. Recommend to the City Council that the propo�d FWRC text amendmentsnot be adopted; or 4. Forward the proposed FWRC text amendments to he Ciry Council without arecommendation. EXHIBITS Exhibit A — Proposed Code Amendment: • FWRC Title 19, "Zoning and Development Code," 19.275 "Temporary Use" For reference on[y. Exhibit B- Proposed Code Amendment: • FWRC Title 12, "Businesses," 12.05.040, "Business Registration" For reference on[y. Exhibit C— Proposed Code Amendment: • FWRC Title i2, "Businesses;' 12.25, "Temporary Busines�s" Proposed Code Amendments, Temporary Llses October 19, 2011, Planning Commission Staff Report 28 File # 10-102133-00-UP Page a of 4 EXHIBIT A October 13, 2011, Pianning Commission Staff Report Proposed Code Amendment Federal Way City Code Title 19, Zoning and Development Code Chapter 19.275, Temporary Uses' Sections: 19.275.010 ^ am��m��^� Purpose and app(icabilitv. 19.275.020 Categories �eta�ses. 19.275.030 Process, �plication requirements, and exemptions. 19.275.040 Duration 19.275.050 r'��*°�� ° Performance standards i � ��c n�n �i�3sio�-Fe�tFet�teEt ..t .,..,� ..o..F ...,,.,� _o �«,..,a....a�_ rTS..��vv o r�'�..�TrOV�cr �z'i:��..��. t�Vi i9.275.�A 060 Regulation of temporary trailers, buildings, or other structures for construction,-�k es temporary business or sales, and outdoor storage containers for construction-related materials. 19.275.�8 070 Regulation of portable moving containers for temporary accessory moving activities. 19.275.010 Purpose and aaplicabilitv. > > > ..a:«:,.,.� . �.e :., +�.o �,�..* :,.Fo,.e�,-., ,.v��.� .. �:a�.,�� ,.F+�o ,.:+., � ° The purpose of this section is to establish a mechanism to �ermit certain temporary uses and structures to be conducted on a short term basis and provide �erformance standards for re u�lating�such uses and structures to ensure their compatibilitv with existing uses and to prevent conflicts between pedestrian or vehicular movement, access to utilities, or emer e�nc_y response. It is reco�nized that certain temporary uses while creating short term noise parkin� and traffic issues are beneficial to the residents of the citv and should be allowed. It is also recognized that certain tem,porarv uses are also temporarv businesses as defined in FWRC 12.25. (Ord. No. 94 § 3, 3 Ord. No. 91 (2, § l(127.05), 12 Code 200t § 22 19Z75.020 Categories e€�e�tpeta�ses. "Temporarv uses " means ali uses of a short term nature or fixed duration, which do not require �ermanent construction and which are a�proved with a specific time limit. When approved b�he director temporarv uses include those uses that may or m� not be expresslv allowed pursuant to the use zone char[s ofFWff� ig: I�:2�Q: " _ _ - . _ . _ _ _ _ _- -- -_ -- _ --- ------ The following categories of temporary uses are established: � Ciass I temporary uses are temporary uses �"°+ �'^ �^' � "••~a°~ r''°�° rr *°^�^��"�" .,��, such as seasonal retail sales of agricultural or horticu(tural products such as vegetable, fruit or flower stands; farmers markets; community festivals, circuses, carnivals, fairs, concerts or similaz transient amusement, cultural, or recreationat activities; fundraising events; outdoor sales, swa� meets or flea Exhibit A, October 13, 201 I PC Staff Report 29 Page 1 of � markets• tem�orary stands for the sale of items such as food to�s jewelry �oods art and crafts, and firewood mobi(e food units and sirnilar �ises of a temporary or transitorv nature or fixed duration as determined by the director. � , - � Class II temporary uses are temporary uses that involve critical andessential human services of a nonprofit socia( services nature, including food banks and/or clothing banks, but not including homeless shelters, when the director determines that the conditions prompting such proposal are of a critical and temporary nature. (Ord. No. 09-�93, § 29, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 94-209, § 3, 3-15-94. Code 2001 § 22-547.) 19.27�.030 Process� apptication requirements. and exceptions. , . . , , ; � (1) Class I `Cemporary use: _ _ director shall issue a written determination ap�roving, conditiona[l�pprovin� or denvine the temporarv use• �rovided that the director mav r�uire an ap�lication to be decided under process III usin� FWRC 19 275 030(� when it is determined that the de�ree and sco�e of potentia( im�acts of the temporary use pro�osal warrant such review. �) All a�plications for a Class I temRorarv us�ermit shall be submitted at (east 30-davs prior to the requested date of commencement of the tempora� use and shall inciude: � A com�leted master (and use application for a temporarv use on the form provided bv the Communitv and Economic Development De�a�tment along with all required sig�,natures and temporarv use information tisted in that form inc(udin� si�ned consent from the propert�owner; (ii) Required fees; and �ii) Such information as is necessarv for the director to evaluate the temporarv use pursuant to FWRC 19.275.050. (c) Exce�tions. (i) Any Ctass [ temporary use that is rec�uired to obtain a temporary business re�istration pursuant to EWRC 12 25 shalt not be required to obtain a Class I tem�orar�se permit pursuant to this chapter but shatl be rec�uired to com�lv with the provisions of this chapter and more snecificallv, the �erformance standards of FWRC 19.275.050. �ii) The followin� temporarv businesses or activities if Qenerallv consistent with their surroundin�s shal( not be required to obtain a temporary business re� istration: �a) Residential ara�e or vard sales of typical size and duration; �b) Merchandise and food sales by Girl Scouts and similar or�anizations; (c) Typical residentia(-based lemonade and similar stands; �d) Charitable car washes; and (e) Temporarti uses/activities of a simiiar nature as determined by the Director. �iiil Parkin� lot sales that are ancillary or directly related to a permitted use that onerate tess than twelve (12) consecutive or nonconsecutive days within a 180-da�period and which do not create parkin�or traffic impacts shall not be required to obtain a Class I temporary use permit. __ - - - --� - . . _ Class II Tem�orarv Use: (a) All a�tications for a Ctass ti temporary use shall be reviewed and decided upon usin� FWRC 19.275.050 and process III. (b) All applications for a Class II tem�orary use�ermit shal! include: Exhibit A, Ociober 13, 2011 PC Staff Report 30 Page 2 of � (i) A comp(eted master land use ap�lication on the form provided bv the Communi and Economic Development Department alon� with atl required si�natures and infottnation listed on that form; ii) Required fees; and (iii� Such information necessary for the director to evaluate the use �ursuant to FWRC 19.275.050. . (Ord. No. 09-594, §(50, 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 Duration .,t,..,,. . ,:+t� ..t� ;..F .......+:,.., t;�«°a :� «ti..� � ...... .,..a o�� > > > � . , . _�� • . . � � . . . . `7 ''� No temporary use shall occ�v a site or operate within the citv for more than 90 days within any �/ calendar year whether consecutive or nonconsecutive unless otherwise re�ulated. A temporary use mav 1 �� operate for an additional 90 davs whether consecutive or nonconsecutive when the director determines that such extension will be consistent with the requirements of this cha�ter Any extension request shall be subject to a�plicable hourly review fees. No more than one extension ma�e �ranted in a calendar year. (Ord. No. 09-594, § I51, 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 �'--'*°--=° � �' ° Performance standards ; ; ; A�proved temporary uses sha(1 comply with the foltowin�performance standards: � 1) A temQorary use shal t not be conducted or locate on anv site or property without the express consent of the owner(s) thereof. (2) In conductin� the temporary use the a�plicant shall com�lv with all county state and federal laws and all citv ordinances and resolutions whi a r e ap to the use or the conduct thereof, and licenses, or other ap rop vals• L) Temporarv uses pro�osed within residential zoning districts shall not be�ermitted if the cy ause siQnificant adverse impacts to residential uses takin� into consideration the characteristics of the residential nei�hborhood and the scale and duration of the temporarv use. Exhibit A, October 13, 2011 PC Staff Report 31 Page 3 of � (4) The temporary use and associated structures shall be com�atib(e on a short term basis with uses in the general vicinity and on adjacent properties. (5) Each site occupied b�a temporary use shall be ke�t free of debris and litter and upon completion or removal of the temporarv use all debris litter or other evidence of the temporarv use and associated activity shalt be removed. �6) Each site occupied by a temporarY use mus�rovide or have available sufficient off-street parkina, vehicular maneuvering area, and access for customers and must provide safe and efficient interior circulation and in�ress and egress from a public or private right-of-wav. A temporarv use that is conducted within an established parkin�area shall not reduce avaiiable parkin tg o the point that insufficient parking, exists for the combination of uses on the site. f 7) All signs used in connection with an ��mporarv use or activitv shall comply with the applicable sign re�ulations of the citv. �) Tem�orary uses shall not unreasonablv im�act the�ublic health or safety, or create traffic hazards. The citv mav icn�ose additional security measures and/or traffic control requirements. �9) The noise associated with a tem,porary use shall not create a public nuisance or exceed the m�imum decibel provisions of Chapter 7 FWRC. � 10) The director mav impose additional measures to miti ag te an�mpacts resu(tin� from the temporarv use The Director mav exercise discretion in the a of the above performance standards to achieve the purposes of this chapter. (Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(12'7.20), 2-27-90. Code 2001 § 22-550.) ��7� 868-Bte}et�sfe$a!-�eqt�re�e�tts " � °` °"`' "°.'� ---°""" " -'- �n,-a wr nn �n� �� i c �n. n a i.r nn n� � v�� c� � ��_nn_ t��ao �nni � �� cci � . . __, , _, _ ... _ ., .,._. _.... _.. ._� � -�--•---., - - - -• - „ . � • . . , , . . in a�r �n �no �� i c on. n a rr �n n� � �� 2m � ��_nn_[�...+o �nni � �� cc� � . . . � ...� , ........,.�., .�oa ---------., , � n ��c nQn u,.....,..,,� , , � . �� . �. .. .. . .. . . � �. � �� . . - - _ - - � �� :.�.sr.s � � � �. �• �. � ��. .� �� - �� ii Exhibit A, Ociober i 3, 2011 PC Staff Repon 32 Page 4 of � ( 1\(` I, r t 1 r L, " L, r F +L, '!1 ri 2� C.1., cay o ... ... , j ....,. .....� �. a > � � ' �nni � �� ccc � , � , � � > ---- � -- ---•. Cross reference: Fireworks, Chapter L2.55 FWRC. 19.275.�8 060 Regulation of temporary trailers, buildings, or other structures for construction, ��°' °°t°�^ °'r°°°, temaorarv business or sales, and outdoor storage containers for construction- related materials. Temporary trailers, buildings, or other structures used for construction offices, �°�' °��°+° �°'°" e€€se� temporary business or sales, or outdoor storage containers used temporarily to store construction materials, and normally associated with construction of a bui(ding or deve(opment, are permitted on the subject property during building or development on or of the subject property in any zone, subject to process I approval, or integration into the land use process applicable to the underlying project. The followin�performance standards applv: � Temporary trailers, buildings, or other structures and outdoor storage containers permitted under this section may not tse located in required yards, except as noted in FWRC 19.125.160(10), unless pertnitted in writing by the director . � Temporary outdoor storage containers for construction-related materials storage shail be placed to minimize visibility from surrounding streets, pedes#rian areas, and properties, a�d-s�a-1-� L3 Temporary outdoor stora�e containers should be painted a neutrai cotor and/or screened from view if necessary to minimize visual impacts to surrounding properties, as determined by the director e€ � Any temporary trai(er, building, outdoor storage container, or other structure permitted under this section must be removed from the subject properry within six months after completion of constcuction of the improvements on the subject property, unless permitted in writing by the director � The city may require a bond, under Chapter 19.25 FWRC, to cover the cost of removing the temporary trailer or building, if necessary. {Ord. No. 08-585, § 3(Exh. A), 1 I-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. 19.275.�38 070 Regulation of portabte moving containers for temporary accessory moving activities. . Portable moving containers may be used in any zone for the purpose of temporary accessory moving activities, subject to the following criteria: (1) Residentialiy 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 standa.rd for the particular use and setting; (3) Containers may not be placed in required side yards, rear yards, or critica( 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 . (Ord. No. 08-585, § 3(Exh_ A), 11-4-08. Code 2001 § 22-964.) 1 Cross reference: Temporary business regulations, Chapter 12.25 FWRC. K:�2010 Code Amendments\Temporary UseslPlanning Commission�.Staff Report to PC1Exhibit A Temp Use.doc Exhibit A, October 13, 2011 PC Staff Report 33 Page � of � EXHIBIT B October 13, 2011, Planning Commission Staff Report Proposed Code Amendment Federal Way City Code Titie 12, Businesses Chapter 12.05, Business Registration Sections: 12.05.002 12.05.003 12.05.010 12.05.020 12.05.030 12.05.040 12.05.050 12.05.060 L 2.05.070 12.05.080 12.05.090 12.05. l00 12.05.110 12.05.120 12.05.130 l 2.05.140 12.05.150 12.05. i 60 12.05.170 12.05.173 12.05.175 l 2.05.180 12.05.185 12.05.190 12.05.2D0 12.05.210 12.05.230 Enforcement and authority. Applicability. Definitions. Penalties and vio(ations. Processing procedure. Business registration. Application. Payment of fees — Delinquent payment. Exemptions. Application for exemption required. Home bccupations. Separate locations. Joint registrations. Agents responsibie. Posting required. Change of address. Nontransferable. Mailing of notices. Revocation — Suspension — Denial. Emergency suspension. Notice of suspension, revocation, denial or civil penalty. Effect of registration denial, revocation or suspension. Reinstatement procedures and standards for reviewing an application for reinstatement. Notice of hearing. Appeal. Decision of the hearing examiner. Appeal to city council. 12.05.002 Enforcement and authority. The city clerk has the authority to adopt rules and regulations to carry out the provisions of this tit(e and has the authority to administer and enforce this title and any such rules and regulations. It is unlawfui to violate or fail to compty with any provision of this title or any such rute or regulation. ---EOrd.-��A�=a�� § 6, 1-6.-0�_�ode.20II1-§._9-2_� . _ _ _ _ _ _-- — --._ _ _ -- 12.05.003 Applicability. Unless otherwise specified, the provisions contained in this chapter apply to licenses and regulations under any chapter in this title. (Ord. No. 09-599, § 7, t-6-09. Code 2001 § 9-3.) Exhibit B, October 13, 2011 PC Staff Report Page ( of 8 35 12.0�.010 DeCnitions. The definitions in this section apply throughout this tit(e unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC (.05.020_ "Business " means vocations, occupations, professions, enterprises and establishments and all other activities and matters conducted for private profit or benefit, either directly or indirectly, anywhere within the city, . "Premises " means ali tands, structures and places, and also any personal property which either is affixed to, or is used in connection with any such business conducted on such premises. , , , , ,;*�.;., ftio ,.:,,. .,�:,,�, o ..�,,.... � .. �e�.. .. ,` ° • (Ord. No. 09-600, § 4, I-6-09; Ord. No. 91-86, § 1(2), 2-5-91. Code 2001 § 9-26.) 12.05.020 Penalties and violatious. (1) Criminal penalties. Any person failing to obtain or renew his/her business �e� registration, or otherwise violating or failing to comply with any of the provisions of this title, is guilty of a misdemeanor for each day or part of a day during which the unlawful act or violation occurs. (2) Civil penalties. Any person who fails to comply with the provision of this titte is, in addition to any criminal penalties, subject to a civil penalty for each day or portion of the day that the violation continues. The maximum penalty and the default amount shall be $100.00 for the first violation, $200.00 for a second violation of the same nature or a continuing violation, $300.00 for a third violation of the same nature or a continuing violation and $500.00 for each additional violation of the same nature or a continuing violation in excess of three not inc(uding fees, costs, and assessments. (3} Other legal remedies_ Nothing in this title limits the right of the city to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage any unlawful acts. (Ord. No_ 09-�99, � 8, 1-6-09; Ord_ No_ 00-370, § i, 7-18-00; Ord. No. 91-86, § 1(23), 2-5-91. Code 2001 § 9-27.) 12.05.030 Processing procedure. The city clerk shall: (1) Adopt al( forms and prescribe the information required to implement diis title. (2) Submit all appiications to the community and economic development deparlment, building division, fire department and/or police department for their endorsements as to compliance by applicant with atl city regulations which they have the duty of enforcing. (3) Notify any applicant of any deficiencies in their application and refrain from completing the processing untit those deficiencies are remedied. (4) Deny any application upon written findings that the granting would be detrimental to public peace, health or welfare, or that such apptication is not in compliance with any applicable city regulations. Upon denial the cierk shall notify the applicant of the denial, the written findings, and the process for appeal. (5) Issue �� registrations to all persons qualified under the provisions of this title. (Ord. No. 09-599, § 9, 1-6-09; Ord. No. 91-86, § 1(4), 2-5-91. Code 2001 § 9-28.) 12.05.040 Business registration. --- No person shall transact, engage in or carry on any business, trade, profes sion, occupation, c alling or � activity in tfie city of �ede�a( �Vay wifF �rst having been issue��a proper an�ent registration, or �— applicable, a temporary business registration as provided in FWRC 12.25.020, in addition to any other required federa(, state, local, or city licenses; unless the person has filed and qualified for exemptions therefrom. (Ord. No. 09-599, § 10, 1-6-09; Ord. No. 91-86, § 1(1), 2-5-91. Code 2001 § 9-29.) Exhibit B, October 13, 20t I PC Staff Report Page 2 of 8 36 12.0�.050 Application. (1) Every person required to procure a;�� registration under this title shall submit an application to the city clerk on forms provided by the clerk. The application shall include at a minimum the fo(lowing information: the name of the applicant, the residence, place and address of business, the nature of business, name of business, the organization of the business (if it is a partnership, corporation, etc.), the number of employees employed by the business, emergency notification information, copies of any required (icenses or certifications, and hazardous waste and substance information. The city clerk shall also require any additional information required by a provision of this title or found to be reasonably necessary to determine compliance with this title or for the fair administration of this title. An application shall be deemed complete upon the applicant's provision of all required information, including identification of "none" where that is the correct response, and the applicant's verification, under penalty of perjury, that the iriformation contained in the application is true and that the application is complete. (2) The appiication for °�� re:gistration shall be accompanied by the full amount of the fee chargeable for such �se�se-e� registration, (3 ) T'he city clerk shall issue a receipt to the applicant for the money paid in advance. Such receipt shall not be construed as the approval of city clerk for the issuance of the registration; nor shatl it entitle or authorize the applicant to open or maintain any business contrary to the provisions of any taw. (4) A duplicate kise�se-e� registration may be issued by the city clerk to replace any �se�se-� registration previously issued which was lost, stolen, defaced or destroyed, upon filing by the �easee-e� registrant an affidavit attesting to such fact and the paying to the city clerk a fee in the amount of $15.00. (5) Any person or business possessing a current valid �� registration under this chapter shall submit a new application within 30 days of any change or modification in the type, kind, or nature of the business, or if any person or entity acquires a significant interest in the business or responsibility for management or operation of the premises or the business. Submission of such application will not require a fee. (Ord. No. 09 § 1 l, 1 Ord. No. 03 § 1, 3 Ord. No. 9L § 1(3), 2 Code 2001 § 9 12.05.060 Payment of fees — Delinquent payment. ( L) Each initial registration required pursuant to this chapter shatl expire at the end of the year in which it was issued and a renewal registration shall be required for each subsequent year. (2) The business registration fees shall be as provided in the fee schedule kept on ftle with the city clerk. The fee schedule shall include a rate for the initial year's registration and an annual renewal rate for subsequent yearly registrations. (3) Each annual registration fee provided for in this chapter shall become due and payable on January i st of every year and shall be deemed delinquent on February 1 st. As to any business commenced during any year, the fee shall be due and payable on the first day that business is transacted or carried on. (4) All new businesses initially registered in the last quarter of any year are exempt from payment of the next year's business registration renewal fee. (5) Any new businesses having to pay a special license fee shall be exempt from the payment of the i�itial year's business registration fee. (6) Failure to pay any registration fee due within 30 days after the day on which it is due and payable shall result in a penalty of five percent or $5.00, whichever is higher, on the amount of the registration . fee, and an additional penalty of five percent or $5.00, whichever is higher, for each succeeding month of de(inc�uency_.or �art thereof but_shall not exceed a total penalty_o_f $25.00 or_25 percent of the amount of _ such registration fee, whichever is higher. (7) The registration fee levied in this chapter shall be in addition to any other fees provided for in any other ordinance or provision of this Code, except as otherwise provided. (Ord. No. 04-472, § i, i2-7-04; Ord. No. 91-86, § i(5), (15), 2-5-91. Code 2001 § 9-31.) Exhibit B, October 13, 2011 PC Staff Report Page 3 of 8 37 12.0�.070 Exemptions. The fo(lowing shall be required to obtain a registration under this chapter, but shall not be required to pay any fee: (1) Business activities carried on by nonprofit organizations, including but not limited to reiigious, civic, charitable, benevolent, nonprofit, cultura( or youth organizations. , - • > > • - , , we..o�:«.. ..� �� F..tti :., nr�x� �n �� mn ,,.,a �n � c� nn (3-2) 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 shall be exempt from the registration requirement of this chapter. (43) Any religious society, association or corporation which operates any charitable hospital, clinic or institution devoted exciusively to the care or healing of human beings. (� 4) Any farmer, garctener or other person who sells, delivers or peddles any fruit, vegetables, berries, butter, eggs, fish, milk, poultry or meats or any farm produce or edibles raised, caught, produced or manufactured by such person in any place in this state. (Ord. No. 9i-86, § 1(6), 2-5-91. Code 2001 § 9-32.) 12.05.080 Application for exemption required. " � Any person claiming exemption from the requirements of this chapter shall file with the city clerk the usual registration application and an affidavit setting forth the facts sufficient to show the application of this section and their right to such exemption. (Ord. No. 91-86, § 1(7), 2-5-91. Code 2001 § 9-33.) 12.05.090 Home occupations. The business registration fee for businesses operating as home occupations in residential zones shall be the usual business registration fee. (Ord. No. fl9-598, § 2, 1-6-09; Ord. No. 91-86, § 1(8), 2-5-91. Code 2001 § 9-34.) Cross reference: Home occupation zoning regulations, Chapter I9.270 FWRC. 12.05.100 Separate locations. A separate �� registration shall be required for each braneh, establishment or iocation of the business engaged in, as if each such branch, establishment or location were a separate business; provided, however, warehouses and distributing plants and storage yards used in connection with and incidental to a business �� registered under the provisions of this title shall not be deemed to be separate places or business or branch establishments. Location of such warehouses and distributing plants and storage yards shall be shown on the application for the business �iEetise-e� registration, and must comply with the provisions of all city codes. Each � registration shall authorize the �ieer�see-e� registrant to transact and carry on only the business �� registered thereby at the location or in the manner designated in such �� registration. (Ord. No. 09-599, § 12, 1-6-09; Ord. No. 91-86, § 1(9), 2-5-91. Code 2001 § 9-35.) 12.05.110 Joint registrations. A person engaged in two or more businesses at the same location shali not be required to obtain separate registrations for conducting each of such businesses; p ro v ided , when eligible, the person shall be ---------.-- �ssu� registration wTiich speciFy ori its�ce aCCsuch suct��oin'� --" --"-- registration shall list the names and pertinent information for all such businesses. The total number of alt employees employed in all businesses included within the joint business registration shall be considered for purposes of classifying the size of the business for registration purposes. (Ord. No. 09-599, § 13, 1-6-09; Ord. No. 91-86, § 1(10), 2-5-91. Code 2001 § 9-36.) Exhibit B, October 13, 2011 PC Staff Report Page 4 of 8 38 12.05.120 Agents responsible. The agents or other representatives of nonresidents who are doing business in the city shall be persona((y responsible for the compliance of their principals, and the businesses they represent, in regards to the requirements of this title_ (Ord. No. 09 � t4, 1 Ord. No. 91 � 1(1 t), 2 Code 2001 � 9 12.05.130 Posting required. Every �� registration granted under this title shali be posted in a conspicuous place in the place of business of the licensee or registrant. (Ord. No. 09-599, § 15, i-6-09; Ord. No. 91-86, § 1(12), 2-5-91. Code 2001 § 9-38.) 12.05.140 Change of address. Every person who, under the provision of this title, is subject to a�� business registration requirement and who has a fixed place of business shall notify the city clerk in writing of any change in location of suct� fixed place of business or mailing address within 30 days thereafter. (Ord. No. 09-599, § 16, 1-6-09; Ord. No. 91-86, § 1(13), 2-5-91. Code 2001 § 9-39.) 12.05.150 Nontransferable. ��ee�►ses-aF R�egistrations issued pursuant to this titie shall not be transferable by the � registrant to any other person, nor sha��l any fee paid by any person under the provisions of this title be app[ied in whole or in part to the payment of fee due, or to become due, from any other person; provided, however, that, in the event of death of the individual, partner, or officer who satisfied the requirements of this title, the surviving spouse, partner, or officer may operate under the existing �seHSe re�istration for a period not to exceed 90 days. (Ord. No. 09-599, § 17, 1-6-09; Ord. No. 91-86, § 1(14), 2-5-9 t. Code 2001 § 9-40.) 12.05.160 Mailing of notices. Unless otherwise provided, any notices required by this title to be mailed to any �� registrant or applicant shall be sent by ordinary mail, addressed to the address of the �� registrant or applicant as shown by the records of the city clerk, or if no such address is shown, to such address the city clerk is abte to ascertain by reasonable effort. Failure of the �iee�se� registrant or applicant to receive such mai( notice shali not re(ease the �eese� registrant or applicant from any fees or penalties thereon, nor shall such failure operate to extend any time limit set by the provisions of this title. Service shal( be deemed comptete upon the third day following the day upon which the notice is placed in the mail, un(ess the third day falls on a Saturday, Sunday or legal holiday, in which event service shall be deemed complete on the first day other tMan a Saturday, Sunday or legal holiday following the third day. (Ord_ No. 09-599, § 18, 1-6-09; Ord. No. 91-86, § t(16), 2-�-91. Code 2001 § 9-41.) 12.05.170 Revocation — Suspension — Denial. The cterk may revoke, suspend, or deny a��rbusiness registration issued or requested under this title for any one or more of the following reasons: (1) The �ieettsee-s� registrant, or any manager, officer, director, agent or employee, while acting within the scope of the business or of employment, fails to comply with, fails to operate the business or activity in accordance with, or uses the business or activity as a instrument or cover for violations of any federal, state, or local laws or regulations, including any provision of this Code; (2) The �see-e� registrant, or any manager, officer, director, agent or emp(oyee, while acting --- witl�t�t� �c�pe �f etet�tt��r�n�,_t�p�r�th��usitre�s�or activitie�sin s mann�rwhccfr� orattawsthe- _ __ __ _ -.-- --.- business or activities to become an instrument or a cover that, creates a nuisance or otherwise endangers the public health, welfare or safety; (3) The issuance of the �� registration was issued through mistake or inadvertence, without authority or power, or in violation of any appticable federal, state or local laws or regulations; Exhibit B, October 13, 2011 PC Staff Report Page � of 8 39 (4) The �se-s� registration was procured by fraud or fa(se representation of facts, including through an app(ication that contains false or m is(eading statements, evasions or suppression of material facts;� (5) The �;�� registrant has been or is convicted of infractions, crimes, or offenses within 10 years which have a connection to the business or activity, or the ��„= registrant's agent or employee is convicted of such offense on the subject premises when the �;�;,-� reaistrant knew or shou(d have known of the violations; (6) The registrant has had a business �ise�se� registration denied or revoked by the city within one year prior to the date of an application. A�ee�se�e� registratiort procured by fraud or misrepresentation shall be revoked. Where other violations of this title or other app(icabte ordinances, statutes, or regu(ations are found, the �et�se-e� registration shall be denied or suspended for a period of 30 days upon the first such violation, 90 days upon the secofld violation withtn a 24-month period, and revoked for third and subsequent v_iotations within a 24-month period, not including periods of suspension. (Ord. No. 09-599, § I9, 1-6-09; Ord. No. 03-440, § 2, 3-18-03; Ord. No. 95-23 (, §(, 4-4-95; Ord. No. 91-86, § 1(17), 2-5-9 I. Code 2a01 § 9-42.) 12.05.173 Emergency suspension. . In the event of conduct or activities which create an imminent risk of harm to public health, safety or welfare, or where the Federal Way building official, fire marshat or the King County health department find that any condition exists upon the prem ises of the business which constitutes a threat of immediate serious injury or damage to persons or property, the ;��;�-� registration of such business may be summarily suspended. The �—,�� registrant shall be notified in writing of the grounds for suspension. Notification shall be by personal service or by registered or certified mail. Such suspension shall remain in effect untii further order by the city or appellate body. (Ord. No. 09 § 20, I Code 2001 § 9 12.05.175 Notice of suspension, revocation, denial or civil penaity. Prior to denial, suspension, or revocation of a��ettse-e� registration under this tit(e, or imposition of a civi( penalty, the �iEeHSee-e� registrant shal( be notified in writing of the grounds for the action. Notification shall be by personal service or by registered or certified mail. Except as provided in FWRC 12.05.173, any penalty wili be due and any denial, suspension, or revocation of the �ieease-e� registration shalt be effective 14 days after the date of service of the notice of suspension or revocation unless such action is appealed by registrant in the manner described herein. (Ord. No. 09-599, § 21, 1-6-09. Code 2001 § 9-42.5. ) 12.05.180 Effect of registration denial, revocation or suspension. If any registrant has a business �ea�e-e� registration denied or revoked for any reason, a new business �se�se-e� registration shall not be granted to the -'.�'�,�„�-� registrant or any entiry in which the �set�eeeF registrant has an ownership interest for a minimum period of one year from the date of such denial or revocation and all business activity shall immediately cease from the date of such denial or revocation, except as provided in FWRC 12.05.185. The city clerk may suspend a�tset�se-e� registration for no more than six months. During the period of any suspension, all business activity shall cease. When a�tset�se-e� registration is denied, revoked, or suspended, the applicant may appeal such decision pursuant to the process descnbed in �'4��2.��;2pU et seq. �ucTi shalf not engage in tfie 6usiness �r - which the � registration was denied, revoked, or suspended unless or until a�o,- registration is issued or reinstated pursuant to an administrative or judicial judgment ordering the same. (Ord. No. 09-599, § 22, 1-6-09; Ord. No. 95-231, § 1, 4-4-95. Code 2001 § 9-43.) Exhibit B, October l3, 20 i i PC Staff Report Page 6 of 8 40 12.0�.18� Reinstatement procedures and standards for reviewing an application for reinstatement. At any time following the expiration of the revocation or denial period, a�� registrant may apply for reinstatement of the �� registration, or an application for a new business may be sought. A hearing shall be held pursuant to the procedures under FWRC 12.05200 et seq. (Ord. No_ 09-�99, § 23, 1-6-09. Code 2fl01 § 9-43.�.) 12.0�.190 Notice of hearing. Prior to suspension or revocation of a n�� registration under this title, the,'.'��°~�� registrant shalt be notified in writing of the grounds for suspension or revocation of the registration. Suspension or revocation of the ki�et�se-e� registration shall occur 10 days after the date of service of the notice of suspension or revocation unless such action is appealed by �� registrant in the manner described herein. (Ord. No. 09 § 24, 1 Ord. No. 95 § 1, 4 Ord. No. 91 § t(18), 2 Code 20�1 § 9 12.05.200 AppeaL (1) Generally. Any person falling under the provisions ofthis tit(e may appeal any revocation, suspension, or denial of a k�se�se-e� registration, the assessment of any penalty, or any other acts designated under this title as appealable or entitled to a hearing examiner hearing, to the hearing examirrer by filing a written notice of appeal, specifying what issue is being appealed, with the city clerk within 14 calendar days from the date of service of the notice of revocation, suspension, or denial, penalty or other event. The city may also request a hearing before the hearing examiner to assess costs, modify previous orders, or to enter other orders as needed. (2) Schedule. Within 10 days of the cterk's receipt of the appea(, the hearing examiqer sha(1 set a pub(ic hearing for a date within 30 days of the cterk's receipt of the appea(. (3) Notice. Written notice of the time and place of the hearing shall be served on the person subject to the requirements ofthis chapter andlor the appellant by the city clerk, by certified mail, at least 10 days prior to the date set for the hearing. (4) Participation. The city and the appellant may participate as parties in the hearing and each may calt witnesses. Any person may participate in the public hearing in either or both of the fo!(owing ways: (a) By submitting written comments to the hearing examiner, either by delivering these comments to the clerk prior to the hearing or by giving these directly to the hearing examiner at the hearing. (b) By appearing in person, or through a representative, at the hearing and making oral comments directly to the hearing. The hearing examiner may reasonably limit the extent of oral comments to facilitate the order(y and time(y conduct of the hearing. (5) Conduct of hearing. The hearing examiner shall conduct the hearing on the appeal pursuant to the rules of procedure of the hearing examiner. The hearing is iimited to the issues raised in the notice of appeal. The appetlant shali have the burden of proof by a preponderance of the evidence. The hearing examiner shail make a complete etectronic sound recording of the public hearing. (6) Stay. The assessment of a penalty or a suspension or revocation of a�� registration shall be stayed during an appeal, but a denial of a��- registration is effective until ordered otherwise. (Ord. No: 09-599, § 25, 1-6-09; Ord. No. 95-231, § 1, 4-4-95; Ord. No. 91-86, § 1(19), 2-5-91. Code 2001 § 9-45.) 12.05.210 Decision of the hearing examiner. After considering all of the infoemation and comments submitted on the matter, the hearing examiner --- shalT a wr�tfen d iricluding o�fac�; coriclusions, orcter; a�rining, reversing", ---- _ -- - __ _-- modifying the decision, action, or penalty being appealed based on the hearing examiner's findings and conc(usions. Unless a(onger period is agreed to by the applicant, the hearing examiner shalt issue the decision within 10 working days after the ctose of the pubiic hearing. Notice of the decision shall be mailed to ali parties. In the event of revocation or deniat of a�� registration, the hearing examiner Exhibit B, October 13, 201 l PC Staff Report Page 7 of 8 C�� shall provide that the revocation or denial sha[1 be for a period of not less than one year unless the hearing examiner determines that extraordinary circumstances exist justifying a shorter period of time, in which case the justification for such decision shatl be set forth by the hearing examiner in writing. [n determining the minimum time of the revocation or denial during which reinstatement or issuance of a business �� reaistration shal( not be considered, the hearing examiner shall consider among other factors: (1) The deDree of the �� registrant's culpability, if any, and the conduct leading to the revocation, suspension, denial, penalty, or other decision of the cterk; (2) The criminal nature of the conduct, if any; (3) The effects on the community and whether the business or activity was a threat to the public heatth, safety or we(fare; and (4) Any mitigating evidence. The decision of the hearing examiner is final unless appealed within 14 days to the city council. If a decision of the hearing examiner is not appealed, it shall constitute the final decision of the city, and the failure to comp(y with the decision of the hearing examiner shall constitute a misdemeanor. (Ord. No. 09-599, § 26, 1-6-09; Ord. No. 95-23 i, § 1, 4-4-95; Ord. No. 91-86, § 1(20), 2-5-91. Code 20D1 § 9-46.) 12.05.230 Appeal to city council. The city council shal( hear any appeal of the hearing examiner decision using the procedures provided in process IV of FWRC Title 19, Zoning and Development Code. � (Ord. No. 09-599, § 28, 1-6-09; Ord. No. 95-231, § 1, 4-4-95; Ord. No. 91-86, § 1(21), 2-5-91. Code 2001 § 9-48.) K:12010 Code Amendments\Temporary UseslPlanning Commission�.Siaff Report to PC�Exhibit B Biz registration.doc Exhibit B, October 13, 2011 PC Staff Report Page 8 of 8 C�Ya EXHIBIT C October 13, 2011, Planning Commission Staff Report Proposed Code Amendment Federal Way City Code Title 12, Businesses Chapter 12.25, Temporary Businesses� Sections: Article I. Generaily 12.25.005 Purpose. 12_25.010 Definitions. �.��9- i�v� •ft�,'-«t�4�ie� Article II. �se�se Re�istration 12.25.020 Temporary business re�istration rec�uired. 12.25.030 A�plication. 12.25.040 ��e� €Fee exceptions. Artic(e III. Regutations 12.25.050 �TPerformance standards. .�? .'' � .��C—e��ec�s-€o:--��;e� Article I. Generally 12.2�.005 Purpose. ( I) The ci requires temporary businesses to be re�istered in order to track businesses for pucvoses of tax collection and com�liance monitoring; It is unlawful for an�person to conduct operate, engage in, or practice any temporarv business in the city that is conducted operated, engaged in, or practiced in whole or in �art from real �roperty located within the cit� without having first obtained a temporarv business reQistration from the citv Notwithstanding any other�rovisions of this chapter the grantin� of a temporarv business registration shali not authorize anv person to enga e� i, n anv activitv prohibited bv federa(, state, or local law or re ulation. 12.25.010 Definitions. The definitions in this section apply throughout this chapter unless the context cleaxly requires _o��terwise. "f'er�s no� de€rt�e�k t�ere are�e€rae�aee�ttg-�o-�-W�E�.-A�5:8�4;-or ��-��A�.—�--- -- __---. _ _-- - applicable �"Business " means a(1 services and activities engaged in with the object of pecuniary gain, benefit or advantage to any person, or to another person or class, directly or indirectly, whether part-time or full- time. Exhibit C, October t3, 20t 1 PC StaffReport Page 1 of 5 43 "Temporary barsiness " means all businesses of a short term or transitory nature, and/or fiYed ; t, . « i� •+ ,a « durat►on_ , . � ..,b, �«a�,-�«a �: , , > , rti.,,, .,a..►. �..+o.-�.,:....,o..� i;,.,,,,�oa ...,� rti t i � 1!l G'«/D("• ucuu uuuu vci - � ��r�. � . � " " \ > > • > > > e � � !�\ A.... ,�rl,o.. ., ...:1.,... ,.f'., F...,....:*,,.... ...,+...-e .,.- �..0l1 .7.,«.,+:..., �v/ e .u) v�aav� oii . (Ord. No. 09-600, § 8, 1-6-09; Ord. No. 91-110, § l, l 1-5-91; Ord. No. 90-62, § 1, 6-19-90_ Code 2001 § 9-386.) �� c n�n rr..�....,�,� .,....:.,:.:,.� � � �� (Ord. No. 91-110, § 5, 11-5-91; Ord. No. 90-62, § 5, 6-19-90. Code 2001 § 9-387.) Article II. �iee�se ReEistration 12.25.020 Temaorarv business registration required. (1) It is unlawful for anv �erson to conduct, opera.te, en�a�e in, or practice anv temporary business in the city without having first obtained a temporarv business re�istration, unless otherwise exempted. (2) It is recognized that certain temnorary businesses can also be Category I tem�orary uses as defined in Chapter 19.275 FWRC. Temporary use a�proval will not be required when a temporarX business registration is required. However, the temporary use provisions of Chapter 19.275 FWRC shali be satisfied prior to issuance of anv temporary business reg,istration. (3) No temporary business shall occ�v a site or operate within the citX for more than 90 days, whether consecutive or nonconsecutive, within anv calendac vear. A temporarv business may operate an additional 90 days, whether consecutive or nonconsecutive within anv calendar year when the citv clerk determines that such an extension will be consistent with the requirements of this chapter. Additional fees maY apptv. No more than one.extension request may be granted within a calendar year. �4) If more than one temporary business is conducted operated, en�a�ed in, or practiced on a single premise, a separate re�istration shatl be required for each separate business. If the same temporary business is conducted, onerated, en�ged in, or practiced bv a business owner at two or more places within the ciry, that business owner may obtain one temporarv business re��tration that lists all (ocations of the temporarv business. 12.25.030 Aaptication. {1) Prior to the requested date of commencement, the a�plicant shall submit the following information to the citv clerk: a A�plication for temporary business re�istration on forms provided b tv he city, including signed consent from the property owner; (b) Site plan, if applicable; and �c) Fees as applicable. -- --{�- ' -ele�l� s�ra�Fevie�-�h��Fiea�3o�r-fe� ec�rpH-at�e-vvf�k-tl�� p�r-fo�rcta�ee-st-anda��s� �e�t� __ _.._ __ . _ _. - in FWRC 12.25.050 and FWRC 19.275.050, as a�plicable, and shall either issue the temporarv business re�;istration; condition the application so that it complies with performance standards and issue the temporary business registration; or denv the temporarv business registration. Unless exempted from this article, no person may engage in or conduct a temporary business until a registration has been rg; anted. Exhibit C, October 13, 201 t PC Staff Report Page 2 of 5 44 12.25.040 ��e�-Exceptions. , , � , > b (1) The following temporary businesses or activities if�enerally consistent with their surroundings, shall not be required to obtain a temporarv business re�istration: a) Residential gara�e or vard sales of typical size and duration; b) Merchandise and food sales bv Girl Scouts and similar organizations; c} Typical residential-based lemonade and similar stands; d) Charitable car washes; and �e) Businesseslactivities of a similar nature as determined by the citv clerk. �2) No fee shall be charged for the temQorary business registration of the followin� tvpes of businesses: . , � -- � �) Business activities carried on bv nonprofit or�anizations includin��but not limited to religious civic charitable benevo(ent nonprofit cultural school or vouth or�anizations; �b) Anv business or activity which is exempt from�avment of such fees as prescribed bv this cha�ter bv virtue of aQp(icable provisions of the federal or state constitution or applicable federa( or state statutes• or ��Ly reli�ious society association or corporation which operates anv charitable hospita(, clinic or institution devoted exclusively to the care or healing human bein�s, (Ord. No. 91 § 2, 1 I Ord. No. 90 § 2(A), 6 ( 9 Code 2001 § 9 Article III. Re�ulations 12.25.050 ��eep�ieas Performance standards. +• a � .h .,.i. � � t,..it �.� ,.t,.;..nea F ,..t,o t:,.e e J S Y a ' e e > e > > • � . . � � . . e � t, �+ *c...w• or�x��n i�mn a�n i�tnn � � � ' . . , � > > > > > > > > > > , > > All tem�orarv businesses shall com�lv with the followin�performance standards: ---- --- �t� - In�6nducticrgth� t�tn�ararv stafie;-$r�€ec#erdl___ laws and all city ordinances and resolutions which are a�plicable to the use or the conduct thereof �2 The a�plicant shall maintain a current state retail sales tax number on fi(e with the citv for the duration of the temporarv business. Exhibit C, October 13, 2011 PC Staff Report Page 3 of 5 45 �3) A(t temporarv businesses shall obtain all required citypermits licenses or other aQprovals e� land use approval bui(dtn� permits si�n permits etc prior to commencement ofthe business or occu ancv of anv site (4) No temporarv business sha(1 occupv or be conducted on public ri �hts of w a�parks or other public lands in anv manner unless specificallv approved by the ma or desi�nee In the event that such occupatton or use �s authorized the aQplicant shall be re quired to furnish liabilit insurance with the citv as a named msured, �n an amount to be determined bv the mavor commensurate with the risk associated with the conduct of the tem�ora_ry business (5) Temporarv businesses shall also com�l with a�pticable temporarv use �erformance standards of FWRC 19.275.050. (Ord. No. 9( § 2, 11 Ord. No. 90 § 2(B), (C), 6 Code 2001 § 9 , �-��A-��tea��efr-� �eeed-��e- � . . . � ^ _ . . . , , > . . , > , . . , , _ , , � . , > , . �� no r,. r -�IfiP-��ritF��F��t�+ t Fr4. r �.■� �..,�� F 1' .,., ......... .,. a.. .cvvzr.�c: e e v e > � s —__.'—.— —___—_— � . . _____._ _ ._.__..._ _' ' __ _'_ _...__..'_ __. __�'. '_. __�_ __ _ .._. _ _. . � . __' _'__ .'_'_ ___ Exhibit C, October 13, 2011 PC Staff Report Page 4 of � 46 � � , � •b•, , � 2�E . _ _ - _ �� . � � � � � . �� _ . . � �� . � .�_ Cross references: Penalty, FWRC 7.05.070; temporary uses, Chapter 19.275 FWRC; K:12010 Code Amendments\Temporary tlses\Pianning CommissionlStaft'Report to PC1Exhibit C Biz license.doc Exhibit C, October l3, 2011 PC Staff Report Page i of 5 47 Attachment to Agenda Bill Item Attachment #3 - Memo to the Planning Commission for the December 7, 201 l, continuation of the public hearing with revised Exhibit A 48 ciav aF �,,`�,�� .�� Federal 1ll�fay Department of Community Development Services 33325 8`" Avenue South PO Box 9718 Federal Way, WA 98063-9718 253-835-2601 — Fax: 253-835-2609 www. citvoffedera Iwav. com Memorandum To: Mer(e Pfeiffer, Chairman Copy: Ptanning Commission From: Deb Barker, Senior Planner Date: November 30,. 2011 �� Re: December 7, 2011, Planning Commission Pubtic Hearing, Amendments to FWRC 19.275, "Temporary Uses" At the October 19, 201 l, Planning Commission public hearing, staff was directed to look into several aspects of the proposed code amendment for temporary uses under FWRC 19.275. See below for discussion on these issues. 1. Duration of Temporary Uses in Residential Zones Ptanning Commission Direction: Shorten the duration for temporary uses in residentiat zones. Durations in the rea(m of 7 to 15 days were discussed. Discussion: Residential uses are more sensitive to impacts from temporary uses such as noise, increased traffic vo(umes, aesthetics, etc. Most temporary uses are of a short dura.tion. Examples in residential zones might inciude church or school functions like a fundraising rummage sale or concert. A shorter duration for temporary uses in residential zones is appropriate. Revision per Commission Direction: Allow temporary uses in residential zones for seven days with the abiliry to request a seven day extension. Allow them twice per year at a given location subject to director approvaL (See proposed FWRC 19.275.050(1), Duration, in Exhibit A.) 2. Duration of Temporary Uses in Non-Residential Zones Ptanning Commission Direction: Shorten the allowed temporary use duration from 90 days (p(us a potential 90 day extension) to something less. Evaluate if it makes sense to implement different tirnelines for different types of temporary uses. Discussion: As drafted, temporary uses are allowed leng#hy durations consistent with current city policy. Most temporary uses are of a short duration. The proposed 90 (plus 9Q) day timeline is not necessary for most temporary uses. We should, however, ensure the code amendment allows adequate time for certain uses such as Christmas tree lots, which typically operate for 30-plus days. We do not recommend specifying different durations for different categories of temporary uses as this further complicates the code. Uecember 7, 201 l, PC �temoranduro 49 Page 1 of 3 Revision per Commission Direction: Allow temporary uses in non-residential zones for 45-days with the ability to request one 15-day extension subject to director approval. Uses that operate longer than this time period will be considered a permanent use. (See proposed FWRC 19.275.050(2), Duration, in Exhibit A.) 3. Allowed Duration for Food Trucks/Carts Specifically Planning Commission Direction: Request that staff recommend an appropriate duration for food trucks/carts to opera.te in the city. Discussion: Food trucks/carts should be treated like other temporary uses. Thus, food trucks/carts that operate on a temporary basis would be allowed for 45-days, with the opportunity to request a 15- day extension. By way of clarification, the code should make clear that: • Food trucks/carts which move from place to place frequently (and spend less than four [4] hours at a particular location) are not considered temporary uses as they do not occupy a site long enough to create the type of impacts meant to be addressed by the temporary use code section; and • Food trucks/carts that locate permanently (i.e. more than 45 days) on a given site are in fact permanent uses and should be regulated as such. Revision per Commission Direction: Allow temporary food trucks/carts for 45-days with the opportunity for a 15-day extension. Clarify the intent with regard to frequently moving trucks/carts and permanently located trucks/carts. (See proposed FWRC 19.275.060, Food Trucks/Carts, in E�ibit A.) 4. Temporary Use Zoning Planning Commission DirecNon: Limit temporary uses to zoning districts in which that particular temporary use is allowed as a permanent use. Discussion: Commissioners stated that temporary uses should not be allowed in zoning districts where the use would not be allowed on a permanent basis. It was felt that allowing this would establish an uneven playing field between permanent and temporary uses. An example would be allowing a temporary flower or fruit stand in a zone that does not allow reta.il sales (such as the Professional Office [PO] zone). This approach does not account for atypical uses/events that are not typically listed in the zoning use charts, such as festivals, fairs, demonstration events, etc. Even the Farmer's Market would be questionable as it is not listed in the use zone charts. If the Commission decides to pursue this concept as identified in Option A(below), we would recommend adding clarifying language that authorizes these sorts of atypical uses/events in all non-residential zones. Temporary auto sales are currently held at the mall. Because auto related uses are not permitted in the City Center-Core (CC-C) zoning district (where the mall is located), such sales at the mall would not 50 p e2of3 December 7, 2011, PC Memorandum � be allowed if the Planning Commission's proposed language is adopted.' Therefore, this policy change could be expected to have a negative impact on the mall. T'he change may have a positive effect on local auto dealers. Revisions per Commission Direction: Option A— Modify the code to state that temporary uses are authorized only in zones where that use is allowed on a permanent basis. Clarify that certain special events may be allowed in any zone subject to the director's discretion, as recommended. (See proposed FWRC 19.275.030, Zoning Compliance, in Exhibit A.) OR Option B— Modify the code to state that all temporary uses are allowed in all non-residential zoning districts, subject to performance standards. 5. Regulation of Temporary Auto Sales Planning Commission Direction: Research how other cities regulate temporary auto sales. Explore the city's ability to prohibit temporary auto sales. Discussion: As noted at the October public hearing, staff has done some research to see if other jurisdictions have disallowed or placed significant restrictions on temporary auto sales. We did additional research into this question following our last meeting, and have not found any exaxnples of such code language. From a legal perspective, we are told that we could legally prohibit temporary car sales events specifically, while continuing to allow other types of temporary uses/businesses. As discussed previously, we have learned that the city is entitled to collect the sales tax for vehicles that change hands at the sales event. We expect that with some education of the dealers we would be able to collect these tax revenues from these sales moving forward. Revision per Commission Direction: Option A— Per Planning Commission direction, disallow temporary car sales in the city. (See proposed FWRC 19.275.030(3), Zoning Compliance, in Exhibit A.) � '7 Option B— Treat temporary car sales like other temporary uses. Revise temporary business regulations as necessary to facilitate capture of sales ta�� revenue. Exhibit A — December 7, 2011, Planning Commission Memorandum, Proposed Code Amendment to FWRC Title 19, "Zoning and Development Code," Chapter 19.275, "Temporary Uses" I Current code allows temporary uses only in zones where the use is not allowed on a permanent basis. 51 P e3of3 December 7, 2011, PC Memorandum � EXHIBIT A December 7, 2011, Planning Commission Staff Report Proposed Code Amendment Federal Way Revised Code Title 19, Zoning and Development Code Chapter 19.275, Temporary Uses Sections: 19.275.010 PuYpose and applicabilitv. 19.275.020 Categories �per•�yz-ases. 19 275 030 Zonin�mpliance. 19.275.838 040 T,y�es of temporarv uses, t�rocess, apnlication requirements, and exceptions. 19.275.848 O50 Duration. 19.275.9-59 060 Performance standards. �.'�-S-Ow—�====e�s�e�e�e�r - �z. . �n �_ e ..a a., ..+;,..,. «� 19.275.070 Food trucks/carts. � n ��c non n,,....,..,..t rr:cr�:t�v�zcvrrrv o �.i�c nnn �,.�a� 19.275.�8 080 Regulation of temporary trailers, buildings, or other structures for construction,�ea� e�1;a�e-e€€ees, temporarv business or sales, and outdoor storage conta.iners for construction-related materials. 19.275.�A 090 Regulation of portable moving containers for temporary accessory moving activities. 19.275.010 Puruose and applicabilitv. , � , Th�urp of this section is to establish a mechanism to permit certain temnorarv uses and structures to be conducted on a short term basis an d�rovide performance standards for re�ttlaUne such uses and structures to ensure their com�atibilitv with existing nses and to nrevent conflicts between �edestrian or vehicular movement access to utilities or emer�encv response. It is reco g,nized that certain te �orarv uses, while creating short term noise narkine and traffic issues are beneficial to the residents of the citxand should be allowed It is also reco .�nized that certain tem�orary uses are also tem�orx�%businesses as defined in FWRC 12.25. (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 e€�e�-�e�a�-etses. "Tem�orarv uses" means all uses of a short term nature or fixed duration which do not reauire permanent construction and which are �uroved with a s�ecific time limit �A � cr�xror in in i. ��xror� �n �nn ^ �Hi4A-��c� � �t�6zrsn --- The following categories of temporary uses are established: Exhibit A, November 7, 2011 PC Memo Page 1 of 6 � Class I temporary uses are temporary uses +'� + a *�" `'°" `''"°" rr ±""'Y""" ;' .°"� such as seasonal retail sales of agricultural or horticultural products such as vegetable, fruit or flower stands; farmers markets; community festivals, circuses, carnivals, fairs, concerts or similar transient amusement, cultural, or recreational activities; fundraising events; outdoor sales, s�eHSered� , , . swa� meets• tem�orarv stands for the sale of items such as food tovs jewelr�¢oods art and crafts and firewood• ' food trucks/carts; and similar uses of a temporary or transitorv nature or fixed duration as determined bv the director. �2,� Class II temporary uses are temporary uses that involve critical and essential human services of a nonprofit social services nature, including food banks and/or clothing banks, but not including homeless shelters, when the director determines that the conditions prompting such proposal are of a critical and temporary 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 Zonin� compliance. �) Class I tem�orary uses shall onlv be allowed in zoning districts where the use is authorized as a permanent use pursuant to the zoning charts of FWRC 19 195 throu�h 19 240 except as noted below. (al Churches schools and�ublic a�encies may conduct temnorarv uses in residential zones sub�ect to the time limits specified in FWRC 19.275.050. �bl Special event temporarv uses such as farmers markets fairs festivals and similar communitv- oriented uses ma be allowed in an v non-residential zone at the discretion of the director. �2) Class II temporarv uses are allowed in anv non-residential zone. (31 Prohibited uses. ^ �,ZTemporarv auto sales shall be prohibited within the citv. 19.275.858 040 Tvnes of temuorarv uses. uProcess, annlication reauirements, and exceutions. � . . , � > > �1) Class I Temporary Use: ja An a �lication for a Class I temporarv use shall be processed as a use process I annlication and can be a�roved if found consistent with the performance standards of FWRC 19.275.938060. The director shall issue a written determination a�roving, conditionally approvin� denvin� the temnorarv use• �rovided that the director mav require an a�lication to be decided under process III as nrovided �s� in FWRC 19 275 8�8U40(2) when it is determined that the deg,ree and scope of potential imnacts of the tem�orary use proposal warrant such review. �b) All a�lications for a Class I temporar,�use permit shall be submitted at least 30-davs nrior to the requested date of commencement of the temporarv use and shall include: �i A com�leted master land use a�plication for a tem�orary use on the form provided bv the Communitv and Economic Devel �ment Denartment alon� all required si�natures and temnorarv use information listed in that form including signed consent from the propertv owner: (ii) Required fees; and �iii Such information as is necessar for the director to evaluate the temvorarv use vursuant to FWRC 19.275.050. � Exceptions. jiL.y Class I temporarv use that is re�uired to obtain a temporarv business reeistration pursuant to FWRC 12 25 shall not be required to obtain a Class I temporary use permit nursuant to this chapter but shall be required to com�lv with the substantive provisions of this chanter includin� the zonin� compliance of FWRC 19 275 030 � n ��c�nc. Exhibit A, November 7, 2011 PC Memo Page 2 of 6 (iil The followin� tem�orar�businesses or activities if eg nerally consistent with their surroundings shall not be rec�uired to obtain a tem�orary ,' use nermit: �a) Residential �ara�e or yard sales of typical size and duration; �b) Merchandise and food sales bv Girl Scouts and similar or�anizations; �cLy�ical residential-based lemonade and similar stands; � l Charitable car washes; and (e Tem �oran� uses/activities of a similar nature as determined bv the director. (iii) Parking lot sales that are ancillary or directiv related to a permitted use, that ouerate less than twelve�l2) consecutive or nonconsecutive da�s within a 180-da�period and which do not create �arking or traffic impacts shall not be required to obtain a Class I temporarv use t�ermit. �2) . . . Class II Temporary Use: � All annlications for a Class II tem�orary use shall be reviewed and decided unon usine FWRC 19.275.9�8040 and process III. �bL�vlications for a Class II temnorar�use permit shall include: (i� A com�leted master land use a�plication on the form provided bv the Communitv and Economic Develo�ment De�artment alon� with all reauired signatures and information listed on that form; �iil Required fees; and �iiil Such information necessarv for the director to evaluate the use pursuant to FWRC 19.275.8�9060. (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. 19.275.948 O50 Duration. i •�i, ii • c +• i• �,.a ;.. ,.i.,.+ r ...�.. ,...a .,� '.. ' ""' ».. ..�_..""^--"-- ------ --- - � -- � � � e . � � e e � � + '�i�:.. +l.e ,.:a.. �1) Residential Zoni� Districts A�e temporarv use s� mav occupv a site c�e� -° �--•� for no more than �8 seven (72da�per occurrence twice within any 365-dav s�lea� neriod unless otherwise re�lated � The director may authorize up to one seven (71 dav extension�er occurrence if such extension will be consistent with the reauirements of this cha�ter Any extension request shall be subject to applicable hourlv review fees. ( Non Residential Zonin �Districts A temporar�use ma ��occupv a site for no more than fortv-five (45) davs whether consecutive or non consecutive within a calendar vear The director mav authonze up to one fifteen (15Lv extension if such extension will be consistent with the reauirements of this chauter. Any extension re�uest shall be sub�ect to a�plicable hourlv review fees No more than one extension mav be granted within anv 365-dav period. Exhibit A, November 7, 2011 PC Memo Page 3 of 6 (Ord. No. 09-594, § 151, 1-6-09; Ord. No. 94-209, § 3, 3-IS-94; Ord. No. 90-43, § 2(127.15), 2-27-90. Code 2001 § 22-549.) 19.275.8�8 060 Performance standards. mi.,. ,.;+. .. ,... ..� ., .e...,,.,........, , ,.�..;f ,.��.. :.c;� r:�a� .�.,.,.. �...) ... ) b . :,.... » �... . »..� 1.°...,.. .,'..� '_ " _"--" ---'-- � � � Apnroved temporarv uses shall com�lv with the followin�performance standards: �1 A temporary use shall not be conducted or locate on anY site or pro�ertv without the express consent of the owner�s) thereof. (2) In conductin� the temporarv use the a�licant shall com�lv with all countv sta.te and federal laws and all citX ordinances and resolutions which are a�plicable to the use or the conduct thereof, and shall obtain prior to the conduct of the business or occu�aancy of anv site all required citv permits, licenses, or other approvals. (3) Temporary uses�roposed within residential zoninp districts shall not be permitted if thev cause si ¢,nificant adverse im pacts to residential uses taking into consideration the characteristics of the residential nei�hborhood and the scale and duration of the temporar�use. �41 The temporary use and associated structures shall be compatible on a short term basis, with uses in the general vicinitv and on adjacent properties. �51 Each site occupied � a temporarv use shall be ke�t free of debris and litter, and unon comvletion or removal of the temporar�+ use all debris litter or other evidence of the temporarv use and associated activity shall be removed. �l Each site occupied bv a temporary use must �rovide or have available sufficient off-street nazkin�, vehicular maneuverin� area, and access for customers and must �rovide safe and efficient interior circulation and ingress and e�ress from a public or krivate ri t-of-wa�A tempora.ry use that is conducted within an established narkin� area shall not reduce available parkin� to the noint that insufficient parking exists for the combination of uses on the site. �7, All signs used in connection with anv tem�orarv use or activitv sha11 comply with the avnlicable sign re�ulations of the citv. �8 Temuorary uses shall not unreasonabl�impact the public health or safety, or create traffic hazards. T'he city mav impose additional security measures and/or traff'ic control requirements. �) The noise associated with a temporary use shall not create a public nuisance or exceed the maximum decibel �rovisions of Chapter 7 FWRC. � l OZThe director maX impose additional measures to miti at� e any impacts resultine from the temporarv use The director may exercise discretion in the a�plicabilitv of the above performance standards to achieve the purposes of this chapter. (Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.20), 2-27-90. Code 2001 § 22-550.) � � � . . Y. ' ' _' _ Y. - �• •� i 1 � • i �. . � � i • � � � i Suggest leaving this language in even though we reduced duration so that council sees we are protecting residential uses. Exhibit A, November 7, 2011 PC Memo +J Page 4 of 6 � � � �- - - - - - _ Y. - _ _ - � - � ' .I� � � � � - �� ■• �. �� •� � �� 1 •� �� 19.275.070 Food trucks/carts. �l) Food trucks/carts shall be re�ulated as follows: (a Food trucks/carts that o perate less than four (4) hours at a location within anv 24-hour neriod are not considered temporary_ uses but shall obtain either a business re gistration or a temuorarv busmess re�istration dependin� on the duration of their business activitv within the citv An examvle of this twe of food truck/cart is an ice cream truck. ( Food trucks/carts that o �erate more than four (4) hours at any one location within a 24-hour neriod shall be considered either: (i) A tem�oraiy use if occu�ying the site less than or equal to the duration allowed_in FWRC 19.275.050, or (iil A nermanent use if occu�,�n� the site lon¢er than the duration allowed in FWRC 19 275 O50 Permanent food trucks/carts shall be subject to the process and substantive nrovisions of Title 19 consistent with a brick and mortar business. � �� •. Y. - " ' ' _ � ' I� � � i � � �i �� i � �� 1 1 1 1 � . � � ' ' ' ' � • �� _ ' - - ' � �• •.•. �� i � �� - �� f 4 �..i.w. 4ti.0 « ..«4n ..�*�+:n ..ti...«4..«. . e l.. u 1 ) � ) - . . � . � � . . f f ) • • ) • ) . �nn� � �� ccc� Cross reference: Fireworks, Chapter 12.55 FWRC. 19.275.�8 080 Regulation of temporary trailers, buildings, or other structures for construction, --°°� °°+°�° �n=°°°, temporarv business or sales, and outdoor storage containers for construction- related materials. Temporary trailers, buildings, or other structures used for construction offices, �e�-es�t�e-�a�es e�ees temporarv business or sales, or outdoor storage containers used temporarily to store construction materials, and normally associated with construction of a building or development, are permitted on the E�chibit A, November 7, 2011 PC Memo Page 5 of 6 subject property during building or development on or of the subject property in any zone, subject to process I approval, or integration into the land use process applicable to the underlying project. The following�erformance standards annlv: � Temporary trailers, buildings, or 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 permitted in writing by the director � � • � Temporary outdoor storage containers for construction-related materials storage shall be placed to minimize visibility from surrounding streets, pedestrian areas, and properties_ � (31 Temporaiy outdoor storage containers should be painted a neutral color and/or screened from view if necessary to minimize visual impacts to surrounding properties, as determined by the director e€ � Any temporary 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 e€ee� �5,� The city may require a bond, under Chapter 19.25 FWRC, to cover the cost of removing the temporary 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 regularions, FWRC Title 13. 19.275.�8 090 Regulation of portable moving containers for temporary accessory moving activities. Portable moving containers may be used in any zone for the purpose of temporary 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 use 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 • (Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-964.) Cross reference: Temporary business regulations, Chapter 12.25 FWRC. K:�2010 Code Amendments\Temporary Uses�Planning Commission�2nd PC public hearing�Exhibit A Temporary Uses.doc Exhibit A, November 7, 2011 PC Memo Page 6 of 6 Attachment to Agenda Bill Item Attachment #4 - Minutes of the October 19 and December 7, 201 l, Planning Commission Public Hearings. 58 CITY OF FEDERAL WAY PLANNING COMMISSION October 19, 2011 City Hall 7•00 p m Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Wayne Carlson, Tom Medhurst, and Tim O'Neil. Commissioners absent: Lawson Bronson and Sarady Long (both excused). Staff present: Planning Manager Isaac Conlen, Contract Planner Jim Harris, Senior Planner Deb Barker, Assistant City Attorney Peter Beckwith, 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 September 7, 2011, were approved as presented. AUDIENCE COMMENT None ADMI1vISTRATIVE REPORT None COMMISSION BUSINESS PUBL[C HEARnvG – SEPA Exemptions in Critical Areas in all Zoning Districts Contract Planner Harris delivered the staff report. State Environmental Policy Act (SEPA) environmental review is required for any proposal which involves a government "action," and is not categoricadly exempt. Project actions involve an agency decision on a specific project, such as a construction project or timber harvest. Non-project actions involve decisions on policies, plans, or programs, such as the adoption of a comprehensive plan, development regulations, or a six-year road plan. The city's Growth Management Act (GMA) plan and current development regulations has rendered SEPA review redundant for many proposals. Proposals such as a home addition, small office building, short plat, eight inch� sewer line, etc., typically do not require (trigger) SEPA review. However, if these improvements/actions are proposed in a critical area—then SEPA review is required. The proposed code amendments would allow the standard SEPA exemptions for projects in critical areas. As a result, projects in critical areas will be treated no differently than projects outside of a critical area. The city will rely on its critical area code to address impacts of development and require mitigation, as appropriate. The city's codes are more than adequate to protect and preserve critical areas. Modification of the code will streamline the development review process; with less cost and shorter review time for applicants. There was no public comment. K:�Planning Commission\20l t\Meetiug Summary 10-19-I I.doc 59 Planning Commission Minutes Page 2 October 19, 2011 Commissioner Carlson complimented staff on their work. He stated that the proposed amendments will not lessen protection and will remove redundancies. Commissioner O'Neil asked what regulations the city has for displacing wetlands. Contract Planner Harris stated that the city's critical areas codes have substantial regulations for displacing wetlands. Commissioner Carlson noted that anyone seeking to displace a wetland must also apply for a separate permit from the Arxny Corps of Engineers. Commissioner Carlson moved (and it was secondec� to recommend adoption of the amendments as proposed by staff. The motion carried unanimously. Pi1BLIC HEARING – Temporary Uses, FWRC 19.275 Senior Planner Barker delivered the staff presentation. She noted a change that should be made to Exhibit A. On page 2 of 5, 19.275.030(1)(c)(ii), the sentence should end as follows: "...shall not be required to obtain a temporary use permit," not "business registration." The existing temporary use code: duplicates much of the temporary business license code; is not consistent with the temporary business license code; places unnecessary limitations on temporary uses within certain zones; and hampers economic development. The changes proposed to the temporary use regulations are inter-related to the temporary business regulations. In fact, temporary uses really are the same as temporary businesses. The proposed amendments to the temporary business regulations are relevant to consideration of the proposed amendments to the temporary use code. However, Planning Commission purview does not extend to the temporary business codes because they are not zoning and development regulations (Federal Wczy Revised Code [FWRC] Title 19). Only the City Council reviews changes to business provisions (FWRC Title 12). The proposed temporary business amendments are discussed in the staff report and presentation, even though the Planning Commission will not act on them. Temporary uses are divided into two types. Class I(which requires Process I approval) includes: seasonal retail sales; farmers markets; festivals, fairs, and carnivals; and similar uses of a transitory nature. Class II (which requires Process III approval) includes: critical and essential human services like food banks or clothing banks. It does not include homeless shelters The existing requirements for temporary uses and temporary business are duplicative; there are dual reviews, dual fees, and similar requirements. What this means for a temporary flower stand use/business is that they would have to apply for a temporary use approval AND a temporary business license. There would be two fees and approval timelines that are different. It is confusing and there is no reason for it to be so complicated. The City is here to foster business—not discourage it. Most of the time, temporary uses and temporary businesses are essentially the same thing. We only need one permit to review and approve a temporary business. With this proposed code amendment, when a business license is obtained, that is all the approval that a temporary use needs. This concept is addressed in the temporary use code amendment by referencing temporary business license provisions, and vice versa with temporary licenses. Staff made the approval time consistent (90 days), and every business gets one opportunity for one 90 day extension. After that it is no longer a temporary use but a permanent use, and zoning approval is required. Another proposed change is to allow temporary uses to operate in any zone. Current code limits them only to zones where they are not allowed. All of the performance standards apply to temporary uses, even though an applicant will not be obtaining a temporary use permit. The standards are again referenced in the license chapter. In addition, director discretion will be allowed. With the proposed code amendments, the flower stand that originally had to obtain two separate approvals now only has to obtain one license, has an opportunity for an extension, and will still need to meet the performance standards. In addition, they will be able to operate in any zone, as long as the performance standards are met. K\Planning Commission�20t I\Meeting Summary IO-l9-I l.doc 60 Planning Commission Minutes Page 3 October 19, 2011 Commissioner feedback from the September 7, 2011, study session is incorporated into the proposed amendments. One of the topics was about temporary and permanent use competition. Commissioner feedback was not to discourage temporary businesses from competing with brick and mortars. To that end, the code amendment does not limit temporary businesses or uses. It does have maximum timelines for temporary businesses. Another topic was about restricting temporary uses to zones in which they are not allowed. That is what the current code prescribes. Commissioner feedback was not to restrict temporary uses. The code amendment allows temporary uses in all zones, subject to criteria. Another topic was an exemption to businesses that operate for less than three days. The city's city clerk was not comfortable exempting all temporary businesses operating less than three days from license requirements, so the proposed amendments require businesses to get a license regardless of duration. However, the proposed amendments include outright exemptions for smaller businesses such as cookies sales, car washes, residential garage sales, and lemonade stands. In addition, the city clerk and director are given exemption discretion and clear authority. At the study session, we discussed mobile food trucks. Mobdle foot unats, as King County refers to mobile food trucks, are not called out with specific code language in the proposed amendments, yet they are addressed within the code amendments as temporary uses and temporary businesses. If they exceed the 180 day window in a calendar year, they become permanent, just as any other temporary use would become permanent. Lastly, we discussed tax collection. The state indicated that the tax is to be collected in the jurisdiction that the car is picked up. We propose to address this issue through implementation of the temporary business code, which the council must amend. The hearing was opened for public comment. John Tsc�konas, CEO & Owner, Evergreen Sales and Lease, Inc., 33216 Pacific Highway South — He has been doing business in Federal Way for over ten years. He had submitted a letter via email to the Commission. He is concerned about allowing temporary care sales. The last one in July almost put him out of business; he is only just now recovering. They come into our city and take away our buyers and money. Not only for the sale of the car, but the maintenance as well. He has spoken to other car dealers who feel the same. Brick and mortar businesses are the backbone of the city. They provide the tax revenue that keeps the city running. He is concerned about staying in business and keeping his employees out of the unemployment line. He is also concemed about the loss of revenue to our growing community. Sam Tsakonas, 33216 Pacific Highway South — He also works for Evergreen Sa1es and Lease and is concerned about how temporary car sales have adversely affected their business. Off-site sales have killed businesses in Federal Way and put their employees out of work. The city needs to support its people and businesses. We cannot afford to lose any more people or businesses. Public comxnent was closed. Commissioner Medhurst commented that he is sympathetic to the concerns raised. In addition, he is concerned that a temporary business can do business in any zone. Commissioner Carlson expressed concern over the length of time a temporary business can do business in residential zones (90 days with a 90 day extension, for a total of 180 days). That is too long for a flower stand to be located on the comer outside your house. He suggested Class I temporary uses be limited to 15 days, with a 15 day extension. He asked what is meant by significant impact and stated the decisional criteria need more definition. Commissioner Elder commented that she is finding the decision whether to allow temporary uses in all zones difficult to make. She is a strong believer in free enterprise, but is also very concerned over the effect they have on the city's brick and mortar businesses. Many Commissioners agree. Commissioner K\Plmning Commission\201IU�teeting Summary 10-19-I I.doc 61 Planning Commission Minutes Page 4 October 19, 2011 O'Neil commented that a brick and mortar business could always do their own temporary car sales. Commissioners would like to know what regulations other cities have. Planning Manager Conlen responded that staff has been researching this issue, and to date, have not found any cities that regulate temporary car sales. Commissioner Medhurst commented that if he understands correctly, if he has a vacant lot he can rent that to any temporary use for a total of 180 days without having to worry if the lot is zoned for the use. That is half a year. Planning Manager Conlen said that is correct. Chair Pfeifer suggested that all temporary uses be granted 15 days with one 15 day extension. He asked if temporary car sales could have different regulations that would allow them, but would also protect the brick and mortar businesses. Commissioner Elder commented that a total of 30 days is too long for the car sales. T'he last sale in July lasted 14 or fewer days and we've heard from a business that is just now recovering its losses. Commissioner Carlson commented that he can see car dealerships/sales as a fundamentally different type of business and therefore, would be willing to accept different regulations for them. Senior Planner Barker commented that some cities do make distinctions between temporary businesses. The Commission discussed mobile food trucks. Commissioner Carlson said that he views dining at a food truck as a different experience from dining at a restaurant and sees no reason to restrict a food truck from parking in front of a restaurant. Chair Pfeifer thinks it would be detrimental to a restaurant to have a food truck parked in front of (or near) it. Commissioner Medhurst asked if the city is currently licensing mobile food trucks. Senior Planner Barker commented that to our knowledge, the city does not have any food trucks that serve meals operating in the city. We do have ice cream vendors and trucks that serve meals at events. Planner Manager Conlen commented that the city does not have a large workforce to support a food truck, but if we had any, we would license it. There are different types of food trucks and the Commission discussed which type is temporary and which (if any) is permanent. Chair Pfeifer commented that at the study session we discussed limiting temporary food trucks to three days. What happened with that idea? Senior Planner Barker responded that the city clerk wants every business to be registered no matter how long they operate in the city. However, an outright exemption of three days is allowed for smaller businesses such as cookies sales, car washes, residential garage sales, and lemonade stands. City Attorney Beckwith suggested that staff further research the issues raised and return with more information that may help the Commissioners formulate a decision. Commissioner Carlson moved (and it was secondec� to continue the public hearing on Temporary Uses, FWRC 19.275, to the December 7, 2011, Planning Commission meeting at 7:00 p.m. in the City Hall Council Chambers. The motion carried unanimously. ADDITIONAL BUSINESS Administrative Assistant II Piety commented that the city is attempting to save money wherever possible. In light of this, she asked the Commissioners if they would object if she no longer mailed them an agenda packet. She would continue to email them the agenda packet and would provide a hard copy at the meeting. The Commissioners had no objection. She also noted that Coxnmissioners drink little of the provided coffee; she asked if they would object if she only made one container of either regular or decaffeinated. The Commissioners discussed it and decided they would bring their own coffee if they want it and she no longer needs to provide them with coffee. They did request she provide them with water. ADJOURN The meeting was adjourned at 8:50 p.m. K:\Plaming Commission\201 I\Meeting Summary 10-19-I l.doc 62 CITY OF FEDERAL WAY PLANNING COMMISSION December 7, 2011 City Hall 7•00 p m Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Tom Medhurst, Wayne Carlson Tim O'Neil, Lawson Bronson, and Sarady Long. Commissioners absent: none. Staff present: Planning Manager Isaac Conlen, Senior Planner Deb Barker, Senior Planner Janet Shull, Planning Intern Alexa Heidrich, City Traffic Engineer Rick Perez, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Tina Piety. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. Commission Carlson was excused to leave at 8:30. APPROVAL OF MINUTES The minutes of Navember 2, 2011, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Planning Manager Conlen announced that a year-end report will be presented at the first meeting in January. COMMISSION BUSINESS PUBL�C HEAR�1vG — Proposed Amendments Related to Temporary Uses, FWRC 19.275 This is a continuation of the October 19, 2011, public hearing on this topic. Senior Planner Barker delivered the staff report. In the staff report she discusses the issued raised by the Planning Commission at the October 19, 2011, public hearing and staffresponses to those issues. The issues are: 1. Duration of temporary uses in residential zones; 2. Duration of temporary uses in non residential zones; 3. Allowed duration for food trucks/carts; 4. Temporary use zoning; and S. Regulation of temporary auto sales. The hearing was opened for public comment. Derek Ehlis, 714 SW 356`�` Place — Owner and operator of Olympia World. They operate a food truck in a number of cities and been stationed at the Federal Way Farmer's Market in the past. Business has been good and they have received favorable feedback. They want to be a resource for Federal Way festivals. He asked if the 45-day duration applies citywide or for a specific area. K:\Planning Commission�2011\Meeting Summary 12-07-I I.doc 63 Planning Commission Minutes Page 2 December 7, 2011 Planning Manager Conlen stated the 45-day duration (with a 15-day extension) applies citywide. He clarified that if a food truck/cart operates 4 or fewer hours per day they are exempt from the temporary use permit regulations (they are not limited to 45 days). However, if they operate more than 4 hours per day, they must obtain a temporary use permit and are subject to the 45-day duration. In any case, they must have a regular business license and if given a temporary use permit, they may need a temporary business license as well (staff needs to research whether a temporary business license will be required). Commissioner Medhurst asked if an applicant needs to have more than one temporary use permit if they are located in more than one location. Planning Manager Conlen replied that currently they would need more than one permit, but the. city is working on temporary use permits and business licenses where more than one location may be indicated. 1. Duration of temporary uses in residential zones. The Commission requested that staff shorten the duration in order to avoid impacts to residential neighborhoods. Staff suggested shortening the duration for a temporary use permit to seven (7) days with one seven (7) day extension in residential zones. The Commissioners were pleased and agreed by consensus to the staff suggestion. 2. Duration of temporary uses in non-residential zones. The Commission feels 90 days is too long for a temporary use. They requested staff shorten the duration and consider different durations for different uses. Staff researched requiring different durations for different uses and concluded it would be too confusing to implement. Staff suggested permitting all non-residential temporary uses for 45 days with one 15 day extension. The Commissioners were pleased and agreed by consensus to the staff suggestion. 3. Allowed duration for food trucks/carts. The Commission would like the staff to identify appropriate timelines for food trucks/carts to operate in the City. Staff suggests that food trucks/carts be permitted consistent with temporary uses: 45 days with one 15 da.y extension. After that they become permanent. The Commissioners discussed their concern that an applicant may be required to have a regular business license and a temporary business license; they feel an applicant should only be required to have one business license. They also expressed concern that a food truck/cart would have to have more than one temporary use permit if they operate in more than one location. It was clarified that for the Farmer's Market, the market needs a temporary use permit, but the vendors only need a business license. Commissioner Medhurst asked if the exemption for food trucks/carts that stay in place less than four hours also applies to similar type businesses, such as windshield chip repair. Senior Planner Baker replied that the exemption only applies to food trucks/carts. 4. Temporary use zoning. The Commission requested that temporary uses be limited to those zones where the use is already allowed on a permanent basis (which is opposite of the current code requirement). Senior Planner Baker noted that some temporary events (such as the Farmer's Market) are not allowed in the City Center-Core zone. Because of this, staff proposes two options: Option A would implement the Planning Commission direction by pernutting only temporary uses that are permitted under code, although it does address special events. Option B would permit all temporary uses in all non- residential zones, regardless if the use is permitted or not. This allows those special events to take place, as well as temporary uses that may not be appropriate or allowed in a particular zone to be in business for 45 days with a 15 day extension. Commissioner Carlson supports option B allowing all uses in all zones with a short duration in residential zones. Commission Elder agrees. Commissioner Medhurst is concerned that allowing temporary uses in all zones would allow a K\Plaming Commission�2011VNeeting Summary I I-02-1 t.doc 64 Planning Commission Minutes Page 3 December 7, 2011 business to operate in a zone where they are currently not allowed. He feels option B is inconsistent with what zoning criteria are meant to do. He supports option A. Commissioner Carlson commented that he supports option B because the duration in residential zones has been tightened. Commissioner Bronson pointed out that option B refers only to non-residential zones, while Commissioners Carlson and Elder are referring to all zones. The current proposed amendments would allow only certain types of temporary uses in residential zones. Commissioner Carlson commented that he had misread option B and he supports allowing all temporary uses in all zones. The other Commissioners support option A. 5. Regulation of temporary auto sales. The Commission requested staff to consider limitation of temporary auto sales. Staff suggests two options: Option A would not allow temporary car sales in the city and Option B would permit temporary car sales consistent with temporary uses; the sales tax proceeds would be returned to the city. Commissioner O'Neil asked how much of an issue car sales in the city are. They do not happen very often, but according to public comment, when they happen they have a big negative impact on car retailers in the city. Commissioner Bronson supports option B. He does not feel the city should attempt to disallow a particular industry from temporary uses. He syrnpathizes with brick and motor auto retailers in the city, but if you forbid just temporary auto sales in favor of brick and motor auto retailers, who may be next? Commissioner Long also supports option B. He is concerned that disallowing auto sales would have a negative impact on other businesses (such as the mall that would lose rental fees for the use of their parking lot). Commissioner Elder supports option B; since sales tax would be collected by the city. Commissioner Medhurst asked how the city will collect the sales tax. Planning Manager Conlen replied that staff is currently unsure of the mechanism of how to collect the sales tax, but will research the issue and ensure that sales tax is collected. The remaining Commissioners also expressed support for option B. Commissioner Bronson raised the concern that the way FWRC 19.275.-�9 090 is currently written is unusable. It states only one container is allowed on a residentially zoned lot, but his experience is that many (if not most) people will need at least two containers and he would like this to be changed. In addition, in regards to FWRC 19.275.-�9 090(3), sometimes the only place a container will fit is in a side or rear yard, or a critical area setback. He would like it changed to allow these areas to be used. Senior Planner Barker suggested adding words to the effect of allowing the use these areas under special circumstances approved by the director. Commissioner Bronson moved (and it was secondec� to recommend approval of proposed amendments to FWRC 19.275 (Exhibit A) as written with the following changes: For FWRC 19.275.030, delete nuxnber (3) and (3)(a) as follows: cc/2\ D«..l.:l+:+e.7 T T�o� ! 1 T ♦ • 1 1,..11 L.e �.1..:L.;ro.a , .;�1.; +l,o ..;r.. » �« For FWRC 19.275.�A 090, change number (1) to read as follows: "(1) Residentially zoned lots are allowed only eHe two containers at any time." For FWRC 19.275.�8 090, change number (3) as follows: "(3) Containers � should not be placed in required side yards, rear yards, or critical areas setbacks, except under special circumstances allowed bv the director, or interfere with safe sight distance or tra�c circulation in adjacent streets and sidewalks; and..." There was no further discussion and the motion carried (one opposed, six in favor). The public hearing was closed. K:\Plaming Commission\201 ��teeting Summary t I-02-t l.doc 65 Planning Commission Minutes Page 4 December 7, 2011 PUSL[C HEEuu1vG — Proposed Amendments Related to Complete Streets, New FWRC 19.135.205 City Traffic Engineer Perez delivered the staff report. Commissioner Long recused himself as he is the city's Senior Transportation Planning Engineer. The proposed amendments will reinforce the city's commitment to ensuring infrastructure improvements are made with the consideration for safe and convenient travel for multiple modes. Complete Streets are: designed and built for all users and therefore serve everyone; are beneficial to pedestrians, bicyclists, transit users and drivers, and people with disabilities, elderly persons, and children; and are safe, convenient, and accessible for all. The proposed amendment will add a new section to FWRC Chapter 19.135, "Development Ixnprovements," that will address Complete Streets. Having a Complete Streets provision positions Federal Way to be eligible to participate in the Complete Streets grant prograxn that will potentially fund planning, design, and capital projects that improve mobility for multiple modes. There was no public comment. Commissioner Medhurst expressed concern that the proposed new section does not provide for economic hardship. City Traffic Engineer Perez commented that four criteria for hardship are addressed in FWRC 19.135.070. Commissioner O'Neil asked who would be required to do the upgrades. City Traffic Engineer Perez replied that the proposed new section will be incorporated into the Public Works standards and these address when the city and/or developer is responsible for the upgrades. When a lazge parcel is developed, the city takes the "context" into consideration. Meaning, if the nearest sidewalk is a mile away, the city is unlikely to require the developer put in sidewalks. Commissioner Carlson moved (and it was secondec� to recommend approval of the proposed amendment with the removal of the word "their" from (2)(a) and (2)(c). There was no further discussion. The motion carried (six yes, one recused). The public hearing was closed. STUDY SES5�ON — Food Landscape and Food Access Policy Senior Planner Shull delivered the staff report. She gave the Commissioners a memorandum from the CPPW Food Access Team and UW Northwest Center for Livable Communities that outlines policy and planning recommendations to increase access to healthy food in Federal Way. In addition, she provided a report titled "Food Landscape in Federal Way, Washington" that was prepared by Urban Food Link and the UW Northwest Center for Livable Communities. The purpose for tonight's study session is to present this information and ask for any feedback from the Commission. Results from the study include the following issues: • We have higher than King County average rates of health-related issues, including diabetes. • Over 87% of our land area is greater than'/Z mile from a supermarket. • There are low income areas in Federal Way that are greater than %z mile from a supermarket. • There are almost four times as many fast food and convenience stores as there are healthy food stores in Federal Way. • Many fast food and convenience stores are located near our schools. • We have a growing local interest in community gardens, farmers' markets, and urban agriculture. Recommendations of ways to address these issues are: 1. Establish farmers' market policy. 2. Ensure farmers' market viability. K:�Planning Coaunission�201 I\Meeting Summary 1 I-02-1 I.doc r.'�'� Planning Commission Minutes Page 5 December 7, 2011 3 4 6. 7. 8. 9. 10. 11. 12. Establish community garden policy. Facilitate community gardening on private, vacant land. Establish urban agriculture policy. Support existing and potential healthy food retailers near residential areas. Explore mobile vending opportunities. Prioritize transit and pedestrian access to food retail. Facilitate small retailers' knowledge of public health pernuts. Create a healthy school food zone. Monitor the balance of healthy to less healthy food stores. Ensure commitment to healthy food access beyond CPPW funding. Commissioner O'Neil asked if the city has a P-Patch program. Senior Planner Shull replied that it does not. The Community Gardens are not P-Patches. For a P-Patch, each family and/or individual has their own section they cultivate and it is intended for their use. The Community Gardens are cultivated by any volunteer and the product is intended to be shared with those in need. Commissioner Medhurst coxnmented that he feels this lacks an educational component. He feels it will not have much value without an educational component. Senior Planner Shull stated that page 6 of the memorandum does speak to an educational component. Commissioner Elder commented that some Community Gardens are hosted by schools for the purpose of education. She also noted that they also help with mental health. One aspect study was the walking distance to grocery stores (which are larger than convenience stores and thereby have a wider variety of healthy foods). Commissioner Long asked what is the desired walking distance. Senior Planner Shull replied that %z a mile is considered the furthest distance a person is willing to walk carrying groceries. One reason convenience stores are reluctant to carry fresh food is the concern it will spoil before it is sold. Some cities are allowing mobile fresh food vendors to help address this issue. Commissioner Bronson expressed concern that these policies will add layers of bureaucracies that will end up limited choices. He likes the study and the emphasis on community gardens, just don't add regulations. Senior Planner Shull commented that the city does not want to restrict access to unhealthy foods, but rather ensure access to healthy foods. ADDITIONAL BUSINESS Commissioner Bronson asked that the city allow and encourage P-Patches. Chair Pfeifer asked everyone to remember Pearl Harbor. ADJOURN The meeting was adjourned at 9:15 p.m. K�Planning Commission\20l 1\Mee[iug Summery t t-02-I l.doc 67 Attachment to Agenda Bill Attachment #5 - Minutes from the January 9, 2012, LUTC meeting. 68 COUNCIL MEETING DATES: February 7, 2012, and February 21, 2012 ... .._ _..... _..._.... _. _ _._..._. __. _. _. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.IECT: Amendments to Federal Way Revised Code (F'WRC) Chapter 12.05 "Business Registration" and 12.25 "Temporary Businesses," when adopted with a proposed amendment to FWRC Title 19 would result in temporary business and temporary use provisions that are consistent with each other and would further simplify the application process, along with housekeeping text changes POLICY QUESTION Should the City of Federal Way approve amendments to Federal Way Revised Code (F'WRC) Title 12 "Businesses" that would result in temporary business and temporary use code provisions that are consistent with each other and which will further simplify the application process as well as housekeeping text changes? ITEM #: COMMITTEE Land Use & Transportation Committee (LUTC) CATEGORY: ❑ Consent ❑ City Council Business ►� ■ Ordinance Resolution STAFF REPORT BY: Deb Barker Senior Planner MEETING DATE January 9 , 2012 ❑ Public Hearing ❑ Other DEPT: Community & Economic Development. Background: On January 9, 2012, the LUTC conducted a public meeting on proposed code changes to Chapter 12 FWRC, "Businesses," to make them consistent with Temporary Use code provisions of FWRC 12.25, and voted to forward recommend changes to the Federal Way City Council. Attachments: (1) Draft adoption ordinance for FWRC 12-25 "Temporary Businesses" and for housekeeping changes to FWRC 12.05 "Business Registration"; (2) Minutes of the January 9, 2012, City Council LUTC meeting. Options Considered: 1) Adopt the proposed amendments recommended by the LUTC as contained in the Draft Adoption Ordinance; 2) Modify and adopt the amendments based on the LUTC recommendation; or 3) Do not ado�t the pro�osed amendments.__ _ __ _ _ _ _ ___ STAFF RECOMMENDATION Staff recommends that the Council approve Option # 1; adopt the proposed amendments as recommended by the LUTC a n d reflected in the Draft Adoption Ordinance. � MAYOR APPROVAL: DIRECTOR APPROVAL: Committee Council o ittee Council COMMITTEE RECOMMENDATION: I move to adopt the L UTC recommendation and forward the proposed ordinance to First Reading on February 7, 2012. Committee Chair Co mmittee Member Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDWANCE (FEBRUARY 7, 2012) "I move to forward the draft ordinance to Second Reading and enactment at the February 21, 2012, City Council meeting. " 2 READ ING OF ORDINANCE (FEBRUARY 21, 2012): " move a pproval of the draft ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 15T reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordirrances onlyJ ORDINANCE # REVISED— 08/12/2010 RESOLl�T10N # 69 Attachment to Agenda Bill Item Attachment # 1- Draft Adoption Ordinance for FWRC 12- 25 "Temporary Businesses" and for housekeeping changes to FWRC 12.05" Business Registration" �o ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Businesses Registration; amending F'WRC 12.05 "Business Registration" and 12.25 "Temporary Businesses." (Amending Ordinance Nos. 09-600, 09-599, 09-598, 04-472, 03-440, 00-370, 95-231, 91-110, 91-86, and 90-62) WHEREAS, the C ity recognizes the need to periodically modify Title 12 of the Federal Way Revdsed Code (FWRC) in order to conform to state and federal law, codify administrative practices; clarify and update regulations as deemed necessary, and ixnprove the efficiency of the regulations and business review processes; and WHEREAS, the City has determined that certain temporary businesses are also temporary uses; and WHEREAS, temporary businesses can be considered a vital and vibrant activity within the Ciry where mitigated by development standards; and WHEREAS, it has been noted that the existing temporary business registration procedures are duplicative with temporary uses, and that confusion does not encourage economic development; and WHEREAS, it is in the public interest for the City Council to adopt new language which would ensure that temporary businesses provisions are consistent with temporary uses, which would in turn simplify the application process for temporary businesses in the City of Federal Way; and WHEREAS, by incorporating these code parameters, applicants will be required to obtain only one city approval (in most cases a temporary business registration); time limits and exemptions will be standardized between temporary business registrations and temporary uses, based on the zoning district; and application requirements will be clarified; and WHEREAS, the proposed elimination of the term "license" in FWRC 12.05 eliminates repetitive terminology and focuses on "registration"; and WHEREAS, in the interest of clarity, dual definitions of business in FWRC 12.05 and FWRC 12.25 aze combined, and other duplications between these codes sections are eliminated as a housekeeping task; and . WHEREAS, on October 1, 2011, the City properly issued a Determination of Nonsignificance (DNS); and 71 WHEREAS, the Planning Commission is not responsible to recommend changes to FWRC 12, Businesses; however, they were made aware of proposed changes to FWRC 12.05 Business Registration and 12.25 Temporary Businesses when reviewing proposed changes to FWRC 19.275 Temporary Uses; and WHEREAS, the Planning Commission did support code based efforts td ensure that sales tax proceeds which were the result of vehicle sales at temporary auto sales events be returned to the City, and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered the Businesses code amendment of Chapter 12 FWRC on January 9, 2012, and recommended adoption of the text amendments; and WHEREAS, at their January 9, 2012 meeting, the Land Use/Transportation Committee of the Federal Way City Council also considered the recommended text changes to FWRC 19.275 Temporary Uses, as recommended by the Planning Commission as they compliment those proposed changes to Chapter 12 FWRC Businesses, and recommended adoption of those text amendments; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 12.05 is hereby amended to read as follows: Chapter 12.05, Business Registration Sections: 12.05.002 12.05.003 12.05.010 12.05.020 12.05.030 12.05.040 12.05.050 12.05.060 12.05.070 12.05.080 12.05.090 12.05.100 12.05.110 12.05.120 12.05.130 Ordinance No. 1 /- K:\2010 Code Amendments\Temporary Uses\LUTC�FWRC 12 Business\LUTC Ordioance FWRC 12.doc Enforcement and authority. Applicability. Definitions. Penalties and violations. Processing procedure. Business registration. Application. Payment of fees — Delinquent payment. Exemptions. Application for exemption required. Home occupations. Separate locations. Joint registrations. Agents responsible. Posting required. Page 2 of ! 6 Rev 1/l0 72 12.05.140 Change of address. 12.05.150 Nontransferable. 12.05.160 Mailing of notices. 12.05.170 Revocation — Suspension — Denial. 12.05.173 Emergency suspension. 12.05.175 Notice of suspension, revocation, denial or civil penalry. 12.05.180 Effect of registration denial, revocation or suspension. 12.05.185 Reinstatement procedures and standards for reviewing an application for reinstatement. 12.05.190 Notice of hearing. 12.05.200 Appeal. 12.05.210 Decision of the hearing examiner. 12.05.230 Appeal to city council. 12.05.002 Enforcement and authority. The city clerk has the authority to adopt rules and regulations to carry out the provisions of this title and has the authority to administer and enforce this title and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this title or any such rule or regulation. (Ord. No. 09-599, § 6, 1-6-09. Code 2001 § 9-2.) 12.05.003 Applicability. Unless otherwise specified, the provisions contained in this chapter apply to licenses and regulations under any chapter in this title. (Ord. No. 09-599, § 7, 1-6-09. Code 2001 § 9-3.) 12A5.010 Definitions. The defmitions in this section apply throughout this title unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020. "Business " means all services and activities organizations, vocations, occupations, professions, enterprises and establishments, and all other ��*�T•'� matters conducted or en�aeed in with the object €e� of private profit or benefit, not-for-profit or benefit pecuniarypain or advanta��e to anv nerson, or to another person or class, either directly or indirectly, whether�art-time or full-time, anywhere within the Clty ...t,;,.t, e...«1,..,� t n ,,,- ...,.«e ,..e,...,,..� "Premises " means all lands, structures and places, and also any personal property which either is affixed to, or is used in connection with any such business conducted on such premises. « „ , , � , � �4ti.� 41.e ..ik. .�.l.:i.ti. v ..��<sc+ x r_ ��. � iiravJv aauav v. av.s.s r....,...�.+. . . (Ord. No. 09-600, § 4, 1-6-09; Ord. No. 91-86, § 1(2), 2-5-91. Code 2001 § 9-26.) 12.05.020 Penalties and violations. (1) Criminal penadties. Any person failing to obtain or renew his/her business �e�se-e� registration, or otherwise violating or failing to comply with any of the provisions of this title, is guilty of a misdemeanor for each day or part of a day during which the unlawful act or violation occurs. (2) Civil penalties. Any person who fails to comply with the provision of this title is, in addition to any criminal penalties, subject to a civil penalty for each day or portion of the day that the violation continues. The maximum penalty and the default amount shall be $100.00 for the first violation, $200.00 for a second OrdinanceNo. !1- K:\2010 Code Amendments\Temporary UsesU..U"1'C7FWRC 12 BusinessU.UTC Ordinaace FWRC 12.doc Page 3 of / 6 Rev 1/10 73 violation of the same nature or a continuing violation, $300.00 for a third violation of the same nature or a continuing violation and $500.00 for each additional violation of the same nature or a continuing violation in excess of three not including fees, costs, and assessments. (3) Other legal remedies. Nothing in this title limits the right .of the city to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage any unlawful acts. (Ord. No. 09-599, § 8, 1-6-09; Ord. No. 00-370, § 1, 7-18-00; Ord. No. 91-86, § 1(23), 2-5-91. Code 2001 § 9-27.) 12.05.030 Processing procedure. The city clerk shall: (1} Adopt all forms and prescribe the information required to implement this title. (2) Submit all applications to the community and economic development department, building division, fire department and/or police department for their endorsements as to compliance by applicant with all city regulations which they have the duty of enforcing. (3) Notify any applicant of any deficiencies in their application and refrain from completing the processing until those deficiencies are remedied. (4) Deny any application upon written fmdings that the granting would be detrimental to public peace, health or welfare, or that such application is not in compliance with any applicable city regulations. Upon denial the clerk shall notify the applicant of the denial, the written fmdings, and the process for appeal. (5) Issue �� registrations to all persons qualified under the provisions of this title. (Ord. No. 09-599, § 9, 1-6-09; Ord. No. 91-86, § 1(4), 2-5-91. Code 2001 § 9-28.) 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 Federal Way without first having been issued a proper and cuxrent registration, or if �,plicable, a temporarv business registration as provided in FWRC 12.25.020, in addition to any other required federal, state, local, or city licenses; unless the person has filed and qualified for exemptions therefrom. (Ord. No. 09-599, § 10, 1-6-09; Ord. No. 91-86, § 1(1), 2-5-91. Code 2001 § 9-29.) 12.05.050 Application. (1) Every person required to procure a�ser�se-eF registration under this title shall submit an application to the city clerk on forms provided by the clerk. The application shall include at a xninimum the following information: the name of the applicant, the residence, place and address of business, the nature of business, naxne of business, the organization of the business (if it is a pa.rtnership, corporation, etc.), the number of employees employed by the business, emergency notification information, copies of any required licenses or certifications, and hazardous waste and substance information. The city clerk shall also require any additional information required by a provision of this title or found to be reasonably necessary to determine compliance with this title or for the fair administration of this title. An application shall be deemed complete upon the applicant's provision of all required information, including identification of "none" where that is the correct response, and the applicant's verification, under penalty of perjury, that the information contained in the application is true and that the application is complete. (2) The application for ��er�se-e� registration shall be accompanied by the full amount of the fee chargeable for such �iser�s�e� registration. (3) The city clerk shall issue a receipt to the applicant for the money paid in advance. Such receipt shall not be construed as the approval of city clerk for the issuance of the registration; nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of any law. Ordinance No. 11- K:\2010 Code Amendments\Temporary Uses\LUTC�FWRC l2 Busmess\LUTC Ordinance FWRC 12.doc Page 4 of /6 Rev 1/10 74 (4) A duplicate �� registration may be issued by the city clerk to replace any �� registration previously issued which was lost, stolen, defaced or destroyed, upon filing by the �� registrant an affidavit attesting to such fact and the paying to the city clerk a fee in the amount of $15.00. (5) Any person or business possessing a current valid �� registration under this chapter shall submit a new application within 30 days of any change or modification in the type, kind, or nature of the business, or if any person or entity acquires a significant interest in the business or responsibility for management or operation of the premises or the business. Submission of such application will not require a fee. (Ord. No. 09-599, § 1l, 1-6-09; Ord. No. 03-440, § 1, 3-18-03; Ord. No. 91-86, § 1(3), 2-5-91. Code 2001 § 9-30.) 12.05.060 Payment of fees — Delinquent payment. (1) Each initial registration required pursuant to this chapter shall expire at the end of the year in which it was issued and a renewal registration shall be required for each subsequent year. (2) The business registration fees shall be as provided in the fee schedule kept on file with the city clerk. The fee schedule shall include a rate for the initial year's registration and an annual renewal rate for subsequent yearly registrations. (3) Temporaay business re�istration fees shall be as provided in the fee schedule kept on file with the city clerk Fees for the extension of a temporary business registration �ranted by the citv clerk shall be at the same rate as the tem�orary business registration fee. (�4) Each annual registration fee provided for in this chapter shall become due and payable on January 1 st of every year and shall be deemed delinquent on February 1 st. As to any business commenced during any year, the fee shall be due and payable on the first day that business is transacted or carried on. (4 � All new businesses initially registered in the last quarter of any year are exempt from payment of the next year's business registration renewal fee. (� 6) Any new businesses having to pay a special license fee shall be exempt from the payment of the initial year's business registration fee. (g 7) Failure to pay any registration fee due within 30 days after the day on which it is due and payable shall result in a penalty of five percent or $5.00, whichever is higher, on the amount of the registration fee, and an additional penalty of five percent or $5.00, whichever is higher, for each succeeding month of delinquency or part thereof, but shall not exceed a total penalty of $25.00 or 25 percent of the amount of such registration fee, whichever is higher. (� 8) The registration fee levied in this chapter shall be in addition to any other fees provided for in any other ordinance or provision of this Code, except as otherwise provided. (Ord. No. 04-472, § 1, 12-7-04; Ord. No. 91-86, § 1(5), (15), 2-5-91. Code 2001 § 9-31.) 12.05.070 Exemptions. The following shall be required to obtain a registration under this chapter, but shall not be required to pay any fee: (1) Business activities carried on by nonprofit organizations, including but not limited to religious, civic, charitable, benevolent, nonprofit, cultural, or youth organizations. , . . , , . . , , t� c-. + � ...i, ;� nr�x� �n � � mn .,.,a �n i � � nn (3 2) 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 shall be exempt from the registration requirement of this chapter. (4 � Any religious society, association or corporation which operates any charitable hospital, clinic or institution devoted exclusively to the care or healing of human beings. Ordinance No. 11- Page S of 16 Rev t/10 K:�20I0 Code Amendmerts\TemporaryUses\LUTC\FWRC 12 Business\LUTC Ordinance FWRC l2.doc 75 (� 4) Any farmer, gardener or other person who sells, delivers or peddles any fruit, vegetables, bemes, butter, eggs, fish, milk, poultry or meats or any farm produce or edibles raised, caught, produced or manufactured by such person in any place in this state. (Ord. No. 91 § 1(6), 2 Code 2001 § 9 12.05.080 Application for exemption required. Any person claiming exemption from the requirements of this chapter shall file with the city clerk the usual registration application and an affidavit setting forth the facts sufficient to show the application of this section and their right to such exemption. (Ord. No. 91 § i�� 2 Code 2001 § 9 12.05.090 Home occupations. The business registration fee for businesses operating as home occupations in residential zones shall be the usual business registration fee. (Ord. No. 09-598, § 2, 1-6-09; Ord. No. 91-86, § 1(8), 2-5-91. Code 2001 § 9-34.) Cross reference: Home occuparion zoning regulations, Chapter 19.270 FWRC. 12.05.100 Separate locations. A separate �� registration shall be required for each branch, establishment or location of the business engaged in, as if each such branch, establishment or location were a separate business; provided, however, warehouses and distributing plants and storage yards used in connection with and incidental to a business �se�se� registered under the provisions of this title shall not be deemed to be separate places or business or branch establishments. Location of such warehouses and distributing plants and storage yards shall be shown on the application for the business �� registration, and must comply with the provisions of all city codes. Each �� registration shall authorize the �seasee-eF registrant to transact and carry on only the business �ise�sec�e� registered thereby at the location or in the manner designated in such �� registration. (Ord. No. 09-599, § 12, 1-6-09; Ord. No. 91-86, § 1(9), 2-5-91. Code 2001 § 9-35.) 12.05.110 Joint registrations. A person engaged in two or more businesses at the same location shall not be required to obtain separate registrations for conducting each of such businesses; provided, when eligible, the person shall be issued one registration which will specify on its face all such businesses. Applications for such joint registration shall list the names and pertinent information for all such businesses. The total number of all employees employed in all businesses included within the joint business registration shall be considered for purposes of classifying the size of the business for registration purposes. (Ord. No. 09-599, § 13, 1-6-09; Ord. No. 91-86, § 1(10), 2-5-91. Code 2001 § 9-36.) 12.05.120 Agents responsible. The agents or other representatives of nonresidents who are doing business in the city shall be personally responsible for the compliance of their principals, and the businesses they represent, in regards to the requirements of this title. (1) This includes but is not limited to pavment of sales tax to the city when a temvorarv sales event conducted within cit limits results in the sale of a motor vehicle or other item as provided under snecial sourcing rules of WAC 458.20.145. (Ord. No. 09-599, § 14, 1-6-09; Ord. No. 91-86, § 1(11), 2-5-91. Code 2001 § 9-37.) Ordinance No. 11- K�2010 Code Amendmrnts\Temporary Uses\LITfC�FWRC 12 Business\LUTC Ordinance FWRC 12.doc Page 6 of 16 Rev 1/10 76 12.05.130 Posting required. Every �� registration granted under this title shall be posted in a conspicuous place in the place of business of the licensee or registrant. (Ord. No. 09-599, § 15, 1-6-09; Ord. No. 91-86, § 1(12), 2-5-91. Code 2001 § 9-38.) 12.05.140 Change of address. Every person who, under the provision of this title, is subject to a�ise�se-e� business registration requirement and who has a fixed place of business shall notify the city clerk in writing of any change in location of such fixed place of business or mailing address within 30 days thereafter. (Ord. No. 09 § 16, 1 Ord. No. 91 § 1(13), 2 Code 2001 § 9 12.05.150 Nontransferable. �iserise�e� R�egistrations issued pursuant to this title shall not be transferable by the �seasee-e� registrant to any other person, nor shall any fee paid by any person under the provisions of this title be applied in whole or in part to the payment of fee due, or to become due, from any other person; provided, however, that, in the event of death of the individual, partner, or officer who satisfied the requirements of this title, the surviving spouse, partner, or officer may operate under the existing �se reQistration for a period not to exceed 90 days. • (Ord. No: 09 § 17, 1 Ord. No. 91 § 1(14), 2 Code 2001 § 9 12.05.160 Mailing of notices. Unless otherwise provided, any notices required by this title to be mailed to any �eexsee registrant or applicant shall be sent by ordinary mail, addressed to the address of the �isen�ee registrant or applicant as shown by the records of the city clerk, or if no such address is shown, to such address the city clerk is able to ascertain by reasonable effort. Failure of the �eHSee registrant or applicant to receive such mail notice shall not release the �ksexse� registrant or applicant from any fees or penalties thereon, nor shall such failure operate to extend any time limit set by the provisions of this title. Service shall be deemed complete upon the third da.y following the day upon which the notice is placed in the mail, unless the third day falls on a Saturday, Sunday or legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday or legal holiday following the third day. (Ord. No. 09-599, § 18, 1-6-09; Ord. No. 91-86, § 1(16), 2-5-91. Code 2001 § 9-41.) 12.05.170 Revocation — Suspension — Denial. The clerk may revoke, suspend, or deny a�e�se-e�business registration issued or requested under this title for any one or more of the following reasons: (1) The �ksegsee-e� registrant, or any manager, officer, director, agent or employee, while acting within the scope of the business or of employment, fails to comply with, fails to operate the business or activity in accordance with, or uses the business or activity as a instxument or cover for violations of any federal, state, or local laws or regulations, including any provision of this Code; (2) The �� registrant, or any manager, officer, director, agent or employee, while acting within the scope of employment, operates the business or activities in a manner which, or allows the business or activities to become an instrument or a cover that, creates a nuisance or otherwise endangers the public health, welfare or safety; (3) The issuance of the ��r registration was issued through mistake or inadvertence, without authority or power, or in violation of any applicable federal, state or locallaws or regulations; (4) The �se�se�e� registration was procured by fraud or false representation of facts, including through an application that contains false or misleading statements, evasions or suppression of material facts; Ordinance No. 1 !- K:\2010 Code Amendmerts\Tanpocary Uses\LUTC�FWRC 12 Business\LUTC Ord'viance FWRC 12.doc Page 7 of / 6 Rev 1/10 77 (5) The �� registrant has been or is convicted of infractions, crimes, or offenses within 10 years which have a connection to the business or activity, or the �� registrant's agent or employee is convicted of such offense on the subject premises when the �ise�see-e� registrant knew or should have known of the violations; (6) The registrant has had a business �e�se-e� registration denied or revoked by the city within one year prior to the date of an application. A�� registration procured by fraud or misrepresentation shall be revoked. Where other violations of this title or other applicable ordinances, statutes, or regulations are found, the �� registration shall be denied or suspended for a period of 30 days upon the first such violation, 90 days upon the second violation within a 24-month period, and revoked for third and subsequent violations within a 24-month period, not including periods of suspension. (Ord. No. 09-599, § 19, 1-6-09; Ord. No. 03-440, § 2, 3-18-03; Ord. No. 95-231, § 1, 4-4-95; Ord. No. 91-86, § 1(17), 2-5-91. Code 2001 § 9-42.) 12.05.173 Emergency suspension. In the event of conduct or activities which create an imminent risk of harm to public health, safety or welfare, or where the Federal Way building official, fire marshal or the King County health department find that any condition exists upon the premises of the business which constitutes a threat of immediate serious injury or damage to persons or property, the �� registration of such business may be summarily suspended. The �e�see-e� registrant shall be �otified in writing of the grounds for suspension. Notification shall be by personal service or by registered or certified mail. Such suspension shall remain in effect until further order by the city or appellate body. (Ord. No. 09-599, § 20, 1-6-09. Code 2001 § 9-423.) 12.05.175 Notice of suspension, revocation, denial or civil penalty. Prior to denial, suspension, or revocation of a n�� registration under this title, or imposition of a civil penalty, the �isegsee-e� registrant shall be notified in writing of the grounds for the action. Notification shall be by personal service or by registered or certified mail. Except as provided in FWRC 12.05.173, any penalty will be due and any denial, suspension, or revocation of the �� registration shall be effective 14 days after the date of service of the notice of suspension or revocation unless such action is appealed by registrant in the manner described herein. (Ord. No. 09 § 21, 1 Code 2001 § 9 12.05.180 Effect of registration denial, revocation or suspension. If any registrant has a business �� registration denied or revoked for any reason, a new business �ieer�se-e� registration shall not be granted to the �� registrant or any entity in which the �see-e� registrant has an ownership interest for a minimum period of one year from the date of such denial or revocation and all business activity shall immediately cease from the date of such denial or revocation, except as provided in FWRC 12.05.185. The city clerk may suspend a�� registration for no more than six months. During the period of any suspension, all business activity shall cease. When a�iee�se-eF registration is denied, revoked, or suspended, the applicant may appeal such decision pursuant to the process described in FWRC 12.05.200 et seq. Such applicant shall not engage in the business for which the �se�se-e� registration was denied, revoked, or suspended unless or until a�e�se-e� registration is issued or reinstated pursuant to an administrative or judicial judgment ordering the same. (Ord. No. 09-599, § 22, 1-6-09; Ord. No. 95-231, § 1, 4-4-95. Code 2001 § 9-43.) Ordinance No. 11- K:�2010 Code Amendments\Temporary Uses\LUTC�FWRC l2 Business\LLITC Ordi�ance FWRC 12.doc Page 8 of 16 Rev 1/10 78 12.05.185 Reinstatement procedures and standards for reviewing an application for reinstatement. At any time following the expiration of the revocation or denial period, a n�� registrant may apply for reinstatement of the n�� registration, or an application for a new business may be sought. A hearing shall be held pursuant to the procedures under FWRC 12.05.200 et seq. (Ord. No. 09-599, § 23, 1-6-09. Code 2001 § 9-43.5.) 12.05.190 Notice of hearing. Prior to suspension or revocation of a�� registration under this title, the �e�see-e� registrant shall be notified in writing of the grounds for suspension or revocation of the registration. Suspension or revocation of the �� registration shall occur 10 days after the date of service of the notice of suspension or revocation unless such action is appealed by �e�see-e� registrant in the manner described herein. (Ord. No. 09-599, § 24, 1-6-09; Ord. No. 95-231, § 1, 4-4-95; Ord. No. 91-86, § 1(18), 2-5-91. Code 2001 § 9-44.) 12.05.200 Appeal. (1) Generally. Any person falling under the provisions of this title may appeal any revocation, suspension, or denial of a�ise�se-e� registration, the assessment of any penalty, or any other acts designated under this title as appealable or entitled to a hearing examiner hearing, to the hearing examiner by filing a written notice of appeal, specifying what issue is being appealed, with the city clerk within 14 calendar days from the date of service of the natice of revocation, suspension, or denial, penalty or other event. The city may also request a hearing before the hearing examiner to assess costs, modify previous orders, or to enter other orders as needed. (2) Schedule. Within 10 days of the clerk's receipt of the appeal, the hearing examiner shall set a public hearing for a date within 30 days of the clerk's receipt of the appeal. (3) Notice. Written notice of the time and place of the hearing shall be served on the person subject to the requirements of this chapter andlor the appellant by the city clerk, by certified mail, at least 10 days prior to the date set for the hearing. (4) Participation. The city and the appellant may participate as parties in the hearing and each may call witnesses. Any person may participate in the public hearing in either or both of the following ways: (a) By submitting written comments to the hearing examiner, either by delivering these comments to the clerk prior to the hearing or by giving these directly to the hearing examiner at the hearing. (b) By appearing in person, or through a representative, at the hearing and making oral comments directly to the hearing. The hearing examiner may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (5) Conduct of hearing. The hearing examiner shall conduct the hearing on the appeal pursuant to the rules of procedure of the hearing examiner. The hearing is limited to the issues raised in the notice of appeal. The appellant shall have the burden of proof by a preponderance of the evidence. The hearing examiner shall make a complete electronic sound recording of the public hearing. (6) Stay. The assessment of a penalty or a suspension or revocation of a�iee�se-e� registration shall be stayed during an appeal, but a denial of a�� registration is effective until ordered otherwise. (Ord. No. 09-599, § 25, 1-6-09; Ord. No. 95-231, § 1, 4-4-95; Ord. No. 91-86, § 1(19), 2-5-91. Code 2001 § 9-45.) 12.05.210 Decision of the hearing examiner. After considering all of the information and comments submitted on the matter, the hearing examiner sha11 issue a written decision, including findings of fact, conclusions, and order, affirming, reversing, or modifying the decision, action, or penalty being appealed based on the hearing examiner's findings and conclusions. Unless a longer period is agreed to by the applicant, the hearing examiner shall issue the decision within 10 working days after the close of the public hearing. Notice of the decision shall be Ordinance No. I l - K:�2010 Code Amendmrnts\Temporazy Uses\LUTCIFWRC 12 Business\LUTC Ordinance FWRC 12.doc Page 9 of !6 Rev 1/10 79 mailed to all parties. In the event of revocation or denial of a�isexsee� registration, the hearing examiner shall provide that the revocation or denial shall be for a period of not less than one year unless the hearing examiner determines that extraordinary circumstances exist justifying a shorter period of titne, in which case the justification for such decision shall be set forth by the hearing examiner in writing. In determining the minimum time of the revocation or denial during which reinstatement or issuance of a business �iee�se e� registration shall not be considered, the hearing examiner shall consider among other factors: (1) The degree of the �seHSee-e� registrant's culpability, if any, and the conduct leading to the revocation, suspension, denial, penalty, or other decision of the clerk; (2) The criminal nature of the conduct, if any; (3) The effects on the community and whether the business or activity was a threat to the public health, safety or welfare; and (4) Any mitigating evidence. The decision of the hearing examiner is fmal unless appealed within 14 days to the city council. If a decision of the hearing examiner is not appealed, it shall constitute the fmal decision of the city, and the failure to comply with the decision of the hearing examiner shall constitute a misdemeanor. (Ord. No. 09-599, § 26, 1-6-09; Ord. No. 95-231, § 1, 4-4-95; Ord. No. 91-86, § 1(20), 2-5-91. Code 2001 § 9-46.) 12.05.230 Appeal to city council. The city council shall hear any appeal of the hearing examiner decision using the procedures provided in process IV of FWRC Title 19, Zoning and Development Code. (Ord. No. 09-599, § 28, 1-6-09; Ord. No. 95-231, § 1, 4-4-95; Ord. No. 91-86, § 1(21), 2-5-91. Code 2001 § 9-48.) Section 2. FWRC 12.25 is hereby amended to read as follows: Chapter 12.25, Temporary Businesses Sections: Article I. Generally 12.25.005 Pureose. 12.25.010 Definitions. �� c n�n TT �i,...,�,i ..,..:<,:.;�., Article II. �ee�se Re�istration 12.25.020 Temporary business registration required. 12.25.030 Apnlication. 12.25.040 � €Fee exceptions. Article III. Re�ulations 12.25.050 �ee�e��s Performance standards. . . �n n �B�3�F@: � � �c nnn r a•+:,.�� • YZ�rsv—�nQiciva��= i��ccF�izc°v. Ordinance No. 1 !- K:\2010 Code Amendments\Temporary Uses\LU1'G\FWRC l2 Busmess\LUTC Ordinance FWRC 12.doc Page ! 0 of 16 Rev 1/10 8� Article I. Generally 12.25.005 Purpose. �1 'The citv requires tem�orarv businesses to be registered in order to track businesses for purposes of tax collection and compliance monitoring. It is unlawful for anv verson to conduct operate en�a¢e in or practice any tempora� business in the city that is conducted operated en�� ed in or practiced in whole or in part from real �ropertv located within the city without havin� first obtained a temvorarv business registration from the city Notwithstanding any othe�rovisions of this chapter the grantin� of a temnorarv business re�istration sha11 not authorize any�erson to enga�e in any activity prohibited bv federal, state, or local law or regulation. 12.25.010 Defmitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1 05.020 or FWRC 19.05, as �nlicable. `Business' - " '' *� �`� '' ., r � > > shall be as defined in FWRC 12.05.010. "Temporary business " means all businesses of a short term or transitory nature, and/or fixed duration_ , , • , , , , ��E�3 + �• a , ,.ae.. ri.,,,...e.. 1 7 1 (1 �[I7Df`� �� rw...�,�......� +,. .,io., �,..� �a �t,. �+�.,,i� vo e � , , � 16�ii�1�t8S'; !Al !'� t .7 Fl 1 ♦ L.' L. .7 rL..-ee ,. e �+;..� ,7.,,.�. ;.., le«..+L.. a � F, � � e f � f f e � /G\ A ,.�L.e :1., ,.F., +«. �;+.. r,� ..e ,. ��.e.7 ,7,,..�*'.. (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.) » �c n�n rr.,t.,.,.�,� ..,,�:,.:�:o� � � • (Ord. No. 91-110, § 5, 11-5-91; Ord. No. 90-62, § 5, 6-19-90. Code 2001 § 9-387.) Article II. �ease Resistration 12.25.020 Temporary business re�;istration required. � It is unlawful for an yperson to conduct �erate eng,a�e in or practice anv temporarv business in the city without havin�first obtained a temporary business re�stration unless otherwise exemnted. �2 It is reco,_gnized that certain temporary businesses can also be Cate�ory I temporarv uses as defined in Chapter 19 275 FWRC Temnorary use apbroval will not be required when a temporarv business re�,istration is required However the substantive tem,pora� use provisions of Chapter 19.275 FWRC shall be satisfied prior to issuance of any temporaiy business registration. (3) Residential Zonine� Districts A temQorary_business may occupv a site or operate within the citv for no more than seven (7? da�per occurrence twice within any 365-day period unless otherwise re�ulated. The city clerk may authorize up to one seven (7) dav extension per occurrence if such extension will be consistent with the re�uirements of this cha�ter Additional fees may applv. Ordinance No. 11- K:\2010 Code Amendments�Temporary Uses\LUTC\FWRC 12 Business\LUTC Ordinance FWRC 12.doc Page ! 1 of 16 Rev 1/l0 81 �,4) Non Residential Zonin� Districts A tem�orarX business mav occupy a site for no more than fortv- five ( 45) da vs whether consecutive or nonconsecutive within a calendar vear. The citv clerk mav authorize up to one fifteen ( 15) day extension if such extension will be consisient with the reauirements of this chapter Anv extension granted mav be sub�ect to additional fees No more than one extension mav be granted within any 365 dav period. �) Roving Mobile Yendors Roving,mobile vendors involved in business such as door-to-door sales, sales from ice cream trucks or other businesses that do not have a fixed location(s) within the citv sha11 be permitted to operate reg�ardless of the zone for no more than ninetv (901 days whether consecutive or non- consecutive after a temporary business re�istration is obtained The cityclerk may authorize un to one seven (71 dav extension per occurrence if such extension will be consistent with the reauirements of this chapter Additional fees may annlv Businesses of this nature that �erate for a period loneer than described above must obtain �ermanent business registration. �6) If more than one temporary business is conducted onerated en� a�ed in or practiced on a sin�le premise a separate registration sha11 be req for each separate business. If the same temporarv business is conducted operated enga�ed in or�racticed bv a business owner at two or more nlaces withm the citv, that business owner m� obtain one temporarv business registration that lists all locations of the temvorarv business. 12.25.030 Application. (1) Prior to the recLuested date of commencement the applicant shall submit the followins information to the cit c� ��Application for te �orarv business reeistration on forms nrovided bv the citv. includins si�ned consent from the propertv owner; �bl Site plan, if applicable: and (cl Fees as applicable. �2) The cit�clerk shall review the �blication for compliance with the performance standards set forth in FWRC 12 25 O50 and FWRC 19 275 060 as applicable and shall either issue the temvorarv business re�istration• condition the application so that it complies with performance standards and issue the temporarv business registration• or denv the temporarv business re�istration. Unless exempted from this article no person mav enga�e in or conduct a temporarv business until a registration has been Qranted. 12.25.040 �Exceptions. , , , , �4�� 41 �4 �4� f 1. � �` 4 �..4 � .a ♦ � ��...�.�va�.. ��ur��.e �..�w� 4�e ...4�• ! R ■ ■fIf[Q[[[OQ Q [G i2��Oi� � Di[DIISG'��iiooii ' _ o "--"--- ---' — a --- �l) The followin�temporarv businesses or activities if generallv consistent with their surroundin�s, shall not be reauired to obtain a tem�orary business reQistration: a) Residential ��e or yard sales of typical size and duration: b) Merchandise and food sales byscouts euides and similar nonprofit or�anizations; � Typical residential-based lemonade and similar stands; d) Charitable car washes: and (e Businesses/activities of a similar nature as determined b the citv clerk. �2) No fee shall be charged for the temporarv business reQistration of the followin� tvaes of businesses: �a) Business activities carried on bv nonprofit org.anizations includin� but not limited to relisious, civic charitable benevolent nonprofit cultural school or vouth or�anizations; �b) Anv business or activitv which is exempt from �avment of such fees as prescribed bv this chapter bv virtue of applicable,provisions of the federal or state constitution or annlicable federal or state statutes; or Ordinance No. 1 !- K:�2010 Code Amendments�Temporary Uses\LUTC\FWRC 12 Business�I,UTC Ordinm�ce FWRC 12.doc Page !2 of 16 Rev L/10 82 �� Anv reli�ious societv association or cor�oration which operates any charitable hospital, clinic, or institution devoted exclusively to the care or healin� of human bein�s. (Ord. No. 91-110, § 2, 11-5-91; Ord. No. 90-62, § 2(A), 6-19-90. Code 2001 § 9-401.) Article III. Regulations 12.25.050 €�se�e�s Perforxnance standards. +• a , ,.+�, e e... �,�.,+ ,,,. � v �w,.,, �.e „�,.,,.,�oa � .. «�.e �;,.a..�o J b � Y a f � 1, 'F t�l t. 1 � „�+ ,1+..«.1 ..L,.,.,1 .rl. .. .,�;,. f � „ r Y � Y � ^ � . . � f • • f f l. �* + F ,kL. ' D!''�I7 7i1 � � n�n .....i '1A � � � nn ! l A l. *' •+. 1.. L. • . + �- _ ♦ ..F �,,..t. F e ..:1.0.7 1.., +1.;� �� e ��..a,+o� vtcssacc.r. � ' /"fl D, + t D!'�[I/ 2� '71 !1C]!1 ♦ L. � 1; o _ t�. 11 l., e o.�l � . F.�«e i � r � � � e e e e � e > > � > > ,.1.. « +1.;� �*.,�o All temporarv businesses shall com�lv with the followin�performance standards: �) In conductin� the temporarv business the applicant shall comply with all countv state, and federal laws and all city ordinances and resolutions that are applicable to the use or the conduct thereof. (2) The applicant shall maintain a current Washingt State License and U.B.I . number, as required bv the state Det�artment of Revenue on file with the citv for the duration of the temporarv business. ^ �3) All temQorary businesses shall obtain a11 required citypermits licenses or other apurovals, e.�., land use a�proval buildingpermits sign pernuts etc �prior to commencement of the business or occupanc�f any site. �4 No temporary business shall occupy or be conducted on public rights-of-wav varks, or other nublic lands in any manner unless specificallv approved b�the m�ar or designee In the event that such occupation or use is authorized the applicant shall be required to furnish liability insurance with the citv as a named insured in an amount to be determined by the mavor commensurate with the risk associated with the conduct of the temporary business. �) Temporary businesses shall also comnlv with applicable temporary use performance standazds of FWRC 19.275.05 60. (Ord. No. 91-110, § 2, 11-5-91; Ord. No. 90-62, § 2(B), (C), 6-19-90. Code 2001 § 9-402.) � . � .• ... - - - .. ..� - - - _ - Ordinance No. 1 /- K:�2010 Code Amendments�Temporary UsesU.,ITCC�FWRC 12 Business�I.UTC Ordinance FWRC l2.doc Page /3 of 16 Rev 1/10 83 •�• �� •� • i �• • � � •• �• •� � •� �� i� � � •� ••• � � • � � � � � - �� i Ii � � � - Y•' _ " ' ' _ " " - - - I- L�J'S2Jl . - -- s - _ • � _ _ • - - - - - - - � r.- - - - - ' - - Y. - - _ ' _ ' Y. ' _ ' - _ � _ ' ' Ordinance No. ! 1- K:\2010 Code Amendments�Temporary Uses�LLJTC�FWRC 12 Businesa\L[fTC Ordinance FWRC 12.doc Page !4 of I6 Rev U10 84 . , � � • in a�r ni i in �: e i i c ni . n a i.r,. nn c� � n c i� nn r+,.ae �nni r n nnc � . . > > > • • > > • •� 1 Cross references: Penalty, FWRC 7.05.070; temporary uses, Chapter 19.275 FWRC; , � n.�-a�iw. Section 3. 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 4. 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 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. OrdinanceNo. !1- Page !S of I6 Rev 1/10 K:\2010 Code Ameudments\Temporary Uses\LUTG�FWRC l2 Business\LiTCC Ordinance FWRC 12.doc 85 Section 6. 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. PASSED by the City Council of the Ciry of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, SKIP PRIEST r_vrr�� CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WIT'H THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO.: Ordinance No. 11- K:\2010 Code Amendments\Temporary Uses\LUTC�FWRC 12 Business\LUTC Ordinance FWRC f2.doc Page !6 of 16 Rev 1/10 86 Attachment to Agenda Bill Attachment #2 - Minutes from the January 9, 2012, City Council LUTC meeting. 8� COUNCIL MEETING DATE: January 17, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT: COMPLETE STREETS ORDINANCE POLICY QUESTION Should the City Council approve the proposed Complete Streets ordinance modifying the Federal Way Revised Code (FWRG) Section 19.135 to add a new section establishing a complete streets provision that considers reasonable and appropriate accommodation for all users of the transportation network. COMMITTEE LUTC CATEGORY: ❑ Consent ❑ City Council Business � Ordinance ❑ Resolution MEETING DATE January 9 , 2012 ❑ Public Hearing ❑ Other STAFF REPORT BY: Rick Perez P,+E•� G�TrQ-F{j'G Eri� CY" a ra DEPT PW/CED Attachments: 1). Draft Ordinance; 2). Staff Report to the Planning Commission; 3). Planning Commission minutes of December 7, 2011 meeting. Options Considered: 1). Approve the Complete Streets code amendment as recommended by the Planning Commission; 2). Modify the Complete Streets code amendment and approve as modified; 3). Don't approve the Complete Streets code amendment. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: J � SrP DIRECTOR APPROVAL: Committee Council Co Council COMMITTEE RECOMMENDATION I move to forward the proposed ordinance to First Reading on January 17, 2012. Linda Kochxnar Jim Fenell Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1 READING OF ORDINANCE (JANUARY 17, 2012): "I move to forward approval of the ordinance to the January 31, 2012 Council Meeting for adoption. " 2N READING OF ORDINANCE (.Fabruary 7 , 2012): "I move approval of the proposed ordinance. " (BELOR' TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances onlyf ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 88 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to Complete Streets: adding a new section to FWRC 19.135. (Amending Ordinance Nos.10-625, 09-630, 07-554, 06-515, 02-417, 02- 414, 00-363, 98-330, and 90-43) 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 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt a new Complete Streets policy which establishes provision for the reasonable and appropriate accommodation for pedestrians, bicyclists, and transit passengers of a11 ages and abilities, as well as trucks, buses and automobiles within the City of Federal Way; and WHEREAS, the term "Complete Streets" describes a comprehensive, integrated transportation network with infrastructure and design that allows safe and convenient travel for all users, including pedestrians, bicyclists, motor vehicle drivers, and public transit users; and WHEREAS, walking and biking enhances health through physical activity and helps to reduce air pollution; and Ordinance No. 12- Page 1 of 6 Rev 1/10 LU 89 EX1� � � ��'__._'�.._� PAG E..,.,�.._4 F__�e_._ WHEREAS, Federal Way's Comprehensive Plan Transportation Element goals include providing a connected system of pedestrian and bicycle ways that is integrated into a coordinated regional network as well as providing for an enhanced high capacity transit system; and WHEREAS, Federal Way's Comprehensive Plan Transporta.tion Element policies support increased access to' alternative modes of transportation and emphasize transporta.tion safety and efficiency; and WHEREAS, the City of Federal Way is developing a citywide Bicycle and Pedestrian Master Plan that addresses increased mobility for pedestrians and bicyclists, and increased access to transit; and WHEREAS, the Planning Commission conducted a workshop session on this code amendment on May 18, 2011; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on November 26, 2011, and no comments or appeals were received and the DNS was fmalized on December 27, 2011; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on December 7, 201 l; and forwarded a recommendation of approval with modification to the City Council as follows: (1) delete the word "their" from proposed sections 19.135.205(2)(a) and (2)(c); and WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered these code amendments on January 9, 2012, and recommended adoption of the te� amendments as recommended by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 12- Page 2 of 6 Rev 1/10 LU 90 EX��IT 1 PAGE_.�,OF_�.. 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 Gity and will benefit the City as a whole by reinforcing the city's commitment to ensuring infi'astructure improvements are made with the consideration for safe and convenient travel for multiple modes. (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 Pla,n. (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 19.35 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 Federal Way Comprehensive Plan goals and policies: TP3 Provide integrated, multiple travel options to residents and workers, especially those with disabilities that are also effective alternatives to the SOV. Ordinance No. 12- Page 3 of 6 Rev 1/10 LU 9� EX�N�1� �- PAGE. 3 ...0�� TP9 Identify and implement changes to the transportation system that reduces reliance on the single occupant vehicle. Support state, regional, and local visions and policies. TP31 Integrate the traffic circulation network with high capacity transit, HOV, bicycle, and pedestrian networks with consideration to regional system needs, including air and port facilities. TP38 Include sufficient area in rights-of-way for bike lanes, sidewalks, and landscaped medians to provide separation from motorized traffic as funds a11ow. Use landscaped medians to separate opposing traffic when safety and aesthetic purposes dictate the need. TG4 Enhance community livability and transportation by providing a connected system of pedestrian and bicycle ways that is integrated into a coordinated regional network. TP50 Provide sidewalks on both sides of all arterial streets as funding allows. TP51 Provide a one-mile grid of bicycle facilities connecting major activity centers recreational facilities, and schools. TP52 Incorporate pedestrian and bicycle features as design elements in the City Center as reflected in the FWCP Vision and City Center Street Design Guidelines. TP53 Ensure that City facilities and amenities are ADA compatible. TP54 Work to extend the existing system of sidewalks, bikeways, and equestrian ways in the city to provide safe access to public transit, neighborhood and business centers, parks, schools, public facilities, and other recreational attractions. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it ensures that transportation improvements consider the safety and mobility of all modes of travel, and the varying abilities of citizens to move throughout the community. Overall public health is improved when people have the ability to move throughout the community safely and easily on foot and bicycle. Ordinance No. 12- Page 4 of 6 Rev 1/10 LU 92 EXMw!�I�' �- PAGE�,..OF� (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because complete streets are focused on increased safe and convenient movement of people using all modes of travel. Complete streets also support economic development as access to commercial areas and between neighborhoods and commercial azeas is enhanced with greater emphasis on connectivity. Livability is improved as it becomes easier to move about the community. Section 3. Chapter 19 of the Federal Way Revised Code is hereby amended to add a new section 19.135.205 Complete Streets to read as follows: 19.135.205 Complete Streets. (1) Complete Streets Policv. The City of Federal Way will�lan for desi�n and construct a11 new and retrofitted tran�ortation proiects to �rovide reasonable and appropriate accommodation for pedestnans, bicyclists and transit passengers of all a�es and abilities as well as trucks, buses, and automobiles with a goal of street connectivity that creates a comprehensive inteerated, connected network for all modes. (2) Exceptions. Facilities for bicvclists pedestrians transit users and /or persons of a11 abilities are not reyuired to be provided: (a) Where establishment would be contrar to nublic safetv; (b) Where there is no identified lon¢ term need as established in citv ulans and future travel demand models; (c) Where inclusion in a small project would create a verv short section of imnrovements with problematic transitions on either end or that are unlikelv to be followed bv similar im_,p rovements at either end resultin� in little �ro�ress on implementme multi- modal networks as set forth in the transportation chapter of the Federal Wav Com�rehensive Plan; and/or (d} Where a modification deferment or waiver to the re quirements of this chanter has been granted by the�ublic works director per FWRC 19.135.070. Section 4. Severabilitv. T'he 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 Ordinance No. 12- Page 5 of 6 Rev 1/10 LU 93 ��"�` �� 1 PAGE 5_._�� not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. 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 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. 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 31 st day of January, 2012. CITY OF FEDERAL WAY ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: MAYOR, SKIP PRIEST CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DAT'E: ORDINANCE NO.: Ordinance No. 12- Page 6 of 6 Rev 1/10 LU 94 �� 7 � PAGE_.,� .�F_.�___ � �� CiTY OF F�d��'�� V1l�y STAFF REPORT TO THE PLANNING COMMISSION Amendment to �'ecler�c�l Wcry Revised Cocle (FWRC) to Establish a Complete Streets Provision File No's: 11-104631-U0-SE & 11-10463Q-00-UP Public Hearing of December 7, 2011 I, REASON FOR AMENDMENTS The proposed Complete Streets amendment to the FWRC would formalize and reinforce the city's commitment to ensuring infrastructure itnprovements are made with the consideration for safe and convenient travel for multiple modes. t�dopting a Complete Streets ordinance -is also comp}ementary to the preparation of the Citywide Bicyele and Pedestrian Master Pla�n, which specifically addresses non-motorized travel modes. As part of the city's participation in the Cities Putting Prevention to Work (CPPW) grant, the City of Federal Way is required to consider complete streets tegislation. In addition to fialfilling aur grant requirements, adopting a complete streets ordinance responds to the 20 ] 1 Washington State Legislature Complete Streets Bill (ESHB 1071) and Puget Sound Regional Council (PSRC} policy direction. Adopting a camplete streets ordinance wi�l make the City of Federal Way eligible to compete for state-funded grants for transportation improvements that create or �inaintain complete streets. It is alsa responsive to PSRC's Vision 2040 that prioritizes transpartation projects and services that produce greater efficiency, reduce trips, and provide more ehoices. II . BACKGRUUND AND ANALYSIS A. Existing Code Language The FWRC currently does not contain a complete streets provision. The proposed amendment is to add a new section to FWRC Ghapter 19.135, "Developmer�t Improvements," that addresses complete streets. B. Research and Analysis Staff reviewed recently adopted comptete streets ordinances fram other Puget Sound area cities including, Burien, Edmonds, Kirkland, Redmond, Renton, and Seattle. The compiete stre�ts ordinances hhat have been adopted to date are all similar to that proposed for Federal Way. In addition to the cities listed above, the cities of Des Moines, Sea Tac, and Snoqualmie are currently taking complete streets legistation through the public approvat process as part afthe CPPW grant progra�n. EX��'�' � 95 P14GE�� 5 _._ III. PROCEDURAL SUMMARY 11 /26/l 1 Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 12/12/l 1 End of SEPA Comment Period 12/27J11 End of SEPA Appeal Period 12/7/1 l Pubtic Hearing before the Planning Commission IV. PUBLIG COMMENTS No comments were received as °of t.Yie - date of tYiis report. V. REASQN FOR PLANNING COIVIMISSION ACTION FWRC Chapter 19.80, "Process VI Council Rezar�es," establishes a process and criteria for zoning code text amendinents,:Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate t1�e zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendments meets the criteria provided by FWRC 19:$0.130. 3. To forward a recommendation to the City CounciT regazcting adoption of the proposed zoning code text amendments. VI. DECISIONAL CRiTERIA FWRC I9.80.130 pr�vides criteria for zoning code text amendments. The followmg section anatyzes the cornpliance ofthe proposed zoning code text amendments with the criteria provided by FWRC 19.80.130, The City may amend the text of the FWRG only if it finds that: 1. The proposed amendmen# is consistenf with the applicable provisions of fhe comprehensive pian. The proposed options for the FWRC code amendment are consistent with ihe following FWCP policies and goals: TP3 Provide integrated, multiple travel options to residents and workers, especially those with disabilities that are also effective alternatives to the SOV. TP9 Identify and implement changes to the transportation system that reduces reliance on the single occupant vehicle. Support state, regional, and local visions and policies. Staff Report to the Planning Commission Page Z Complete Streets Policy FilesNo's: 11-t04631-00-SE & i 1-104630-00-UP 96 EXf �� PAGE.,,�Q�_.5 __ TP31 Integrate the traffic circulation network with high capacity transit, HOV, bicycle, and pedestrian networks with consideration to regional system needs, including air and port facilities. TP38 Include sufficient area in rights-of-way for bike lanes, sidewalks, and landscaped medians to provide separation from motorized traffic as funds aIlow. Use landscaped medians to separate opposing tr�c when safety. and aesthetic purposes dictate the need. TG4 Enhance community livability and transportation by providing a connected system of pedestrian and bicycle ways that is integrated into a coordinated regional ttetwork. TP50 Provide sidewalks on.both sides of ail arterial streets as funding allows. TPSl Provide a one-mile grid.of bicycle facilities connecting rnajor activity centers recreational facilities, ar►d s��iaa�s. TP52 Incarporate pedestrian and bicycle features as ciesig�n elements in the City Center as reflected .in the FW�P Vision and Gity Center'Street Design Guidelines. TP53 Ensure that City facilities and amenities are ADA compatible. TP54 Work to extend the existing system of sidewalks, bikeways, and equestrian ways in the city to provide safe acoess to public transit, neighborhood and business centers, parks, schools, public facilities, and ather recreational attractions. 2. �he proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWRC code amendment bears substantia� retatianship to the public health, safety, and wetfare 6ecause it ensures that transportation improvements consider the safety and mobility of all mades of travel, and the varying abitities of eitizens to move throughaut the community. Overall public health is irnpmved when people have the abili#y to move throughout the community safety and eas'rly on foot and bicycle. 3. The proposed arnendment 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 complete streets are focused on increased safe and convenient movement of people using alI modes of travel. Complete streets also support economic development as access to commercial areas and between neighborhoods and commereial areas is enhanced with greater emphasis on connectivity. Livability is improved as it becomes easier to move about the community: VII. STAFF R�COMMENDATION Based on the above staff analysis and decisional criteria, staff recommends that the proposed amendments shown in E�chibit A, and summarized as follows, be recommended for approval by the Planning Commission: Staff Report to the Rlanning Gommission Page 3 Compfete Streets Policy FilesNo's: ] 1-104b31-00-SG& I 1.1U463t�0-UP 9 � EXI�!'� 1�' � P�I�E.�.....��. � .._ Add a new section 19.135.205, "Complete Streets," to Ghapter 19.135, "Developinent Improvements," (E�chibit A) that states the city will plan for, design, a��d eonstruct atl new and retrofitted transportation projects to : provide reasonable and appropriate accommodation for pedestrians, bicyclists, and tra.nsit passengers of all ages and abilities, as well as trucks, buses, and automobiles, with a goal of street connectivity that creates a. comprehensive, integrsted, connected network for all modes. The proposed amendment also provides for exceptions reIated to safefy, lack of identified need, size of the project, and site specif c conditions that may nof allow for faci[ities of all mode types. VIII. PLANNING CC�MMISSiON ACTION Cansistent with the provisions of PWRC 19.80.240, the Planning Commission may take tYte following actions regarding the prapased zoning code text amendments: � . � . . . . . . � �f �. . 1, Recommend adoption of the FWRC text amendments as recommended by staff; 2. � Modify the staffrecommended FWRC te�rt amendments and recommend to the City Council adoption of the FWRC text amendments as modified; 3. Recommend;to the Gity GounciI that the proposed FWRC text amendments not be adapted; or 4. Forward the propased FWRC text amendments to the City Council without a reccamtraendatian. Exx�rr FachibitA Proposed new FV�RC 19.135.2U5, "Complete Streets" K:12011 Code AmendmentslComplebe StreetslSteff Repons�Staff Repo�t.l.doc Staff Report to the PEanning Commissian Page 4 Coct►plete Sireets Policy FilesNo's: 11-104631-00-SE& i 1-104630-00-t3P 9s EX��' � PACE__�__�� EXHIBI'�' A Federal Way Revised Cade Titie 19, "Zoning and Development Code" Chapter 19.135, "Development Irnprovements" , .- .- ., . . . . � . , . � i. -:7._ . . . .. . a K:VAi 1 Coda Amendments\Comple�e Streetsl5F,PA\11221 l Proposed amendmeM lat�ggoage.3.doc Ex�� a 99 PACE.. s ...�� (a) Where #heir establishrnent would be contrarv to pubtic sa.iezv; - - — _ . . � . . , .. ,.. . , � , .- - -- -' -- �,.4„t.t:..,t ,,, �;+., ,,t a„c anri a,,,..,,,." ,,.,,,...,� r�___^_ _--_ __ �cl VUl,ere their inclusi4n in a small_proiect would create a verv short section of CITY OF FEDERAL WAY PLANNING COMMISSION December 7, 201 ] City Hall 7•00 p m Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Tom Medhurst, Wayne Carlson Tim O'Neil, Lawson Bronson, and Sarady Long. Commissioners absent: none. Staff present: Planning Manager Isaac Conlen, Senior Planner Deb Barker, Senior Planner Janet Shull, Planning Intern Alexa Heidrich, City Traffic Engineer Rick Perez, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Tina Piety. CALL TO ORDER � Chair Pfeifer called the meeting to order at 7:00 p.m. Commission Carlson was excused to leave at 8:30. APPROVAL OF MINUTES The minutes of November 2, 2011, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Planning Manager Conlen announced that a year-end report will be presented at the first meeting in January. . COMMISSION BUSINESS PUBLIC HEARING — Proposed Amendments Related to Temporary Uses, FWRC 19.275 This is a continuation of the October 19, 2011, public hearing on this topic. Senior Planner Barker delivered the staff report. In the staff report she discusses the issued raised by the Planning Commission at the October 19, 201 l, public hearing and staffresponses to those issues. The issues are: 1. Duration of temporary uses in residential zones; 2. Duration of temporary uses in non residential zones; 3. Allowed duration for food trucks/carts; 4. Temporary use zoning; and 5. Regulation of temporary auto sales. The hearing was opened for public comment. Derek Ehlis, 714 SW 356`" Place — Owner and operator of Olympia World. They operate a food truck in a number of cities and been stationed at the Federal Way Farmer's Market in the past. Business has been good and they have received favorable feedback. They want to be a resource for Federal Way festivals. He asked if the 45-day duration applies citywide or for a specific area. KAPlanning Commission�Z011Uvfeeting Summary 12-07-I l.dce ioo �HI�1T__�_.�. ��, Planninb Commission Minutes Page 2 December 7, 2011 Planning Manager Conlen stated the 45-day duration (with a 15-day extension) applies citywide. He clari�ed that if a food truck/cart operates 4 or fewer hours per day they are exempt from the temporary use permit regulations (they are not limited to 45 days). However, if they operate more than 4 hours per day, they must obtain a temporary use permit and are subject to the 45-day duration. In any case, they must have a regular business license and if given a temporary use permit, they may need a temporary business license as well (staff needs to research whether a temporary business license will be required). Commissioner Medhurst asked if an applicant needs to have more than one temporary use permit if they are located in more than one location. Planning Manager Conlen replied that currently they would need more than one permit, but the city is working on temporary use permits and business licenses where more than one location may be indicated. 1. Duration of temporary uses in residential zones. The Commission requested that staff shorten the duration in order to avoid impacts to residential neighborhoods. Staff suggested shortening the duration for a temporary use permit to seven (7) days with one seven (7) day extension in residential zones. The Commissioners were pleased and agreed by consensus to the staff suggestion. 2. Duration of temporary uses in non-residential zones. The Commission feels 90 days is too long for a temporary use. They requested staff shorten the duration and consider different durations for different uses. Staff researched requiring different durations for different uses and concluded it would be too confusing to implement. Staff suggested permitting all non-residential temporary uses for 45 days with one 15 day extension. The Commissioners were pleased and agreed by consensus to the staff suggestion. 3. Allowed duration for food trucks/carts. The Commission would like the staffto identify appropriate timelines for food trucks/carts to operate in the City. Staff suggests that food trucks/carts be permitted consistent with temporary uses: 45 days with one 15 day extension. After that they become permanent. The Commissioners discussed their concern that an applicant may be required to have a regular business license and a temporary business license; they feel an applicant should only be required to have one business license. They also expressed concern that a food truck/cart would have to have more than one temporary use permit if they operate in more than one location. It was clarified that for the Farmer's Market, the market needs a temporary use permit, but the vendors only need a business license. Commissioner Medhurst asked if the exemption for food trucks/carts that stay in place less than four hours also applies to similar type businesses, such as windshield chip repair. Senior Planner Baker replied that the exemption only applies to food trucks/carts. 4. Temporary use zoning. The Commission requested that temporary uses be limited to those zones where the use is already allowed on a permanent basis (which is opposite of the current code requirement). Senior Planner Baker noted that some temporary events (such as the Farmer's Market) are not allowed in the City Center-Core zone. Because of this, staff proposes two options: Option A would implement the Planning Commission direction by permitting only temporary uses that are permitted under code, although it does address special events. Option B would permit alt temporary uses in all non- residential zones, regardless if the use is permitted or not. This allows those special events to take place, as well as temporary uses that may not be appropriate or allowed in a particular zone to be in business for 45 days with a 15 day extension. Commissioner Carlson supports option B allowing all uses in all zones with a short duration in residential zones. Commission Elder agrees. Commissioner Medhurst is concerned that allowing temporary uses in all zones would allow a K\Pianning Commission�201IlMeeting Summary 11-02-1 I.doc 101 ��._ .J. 2 a _ .� ._,__ ...__ Planninb Commission Minutes Pa;e 3 December 7, 2011 business to operate in a zone where they are currently not allowed. He feels option B is inconsistent with what zoninb criteria are meant to do. He supports option A. Commissioner Carlson commented that he supports option B because the duration in residential zones has been tightened. Commissioner Bronson pointed out that option B refers only to non-residential zones, while Commissioners Carlson and Elder are referring to all zones. The current proposed amendments would allow only certain types of temporary uses in residential zones. Commissioner Carlson commented that he had misread option B and he supports allowing all temporary uses in all zones. The other Commissioners support option A. 5. Regulation of temporary auto sales. The Commission requested staff to consider limitation of temporary auto sales. Staff suggests two options: Option A would not al(ow temporary car sales in the city and Option B would permit temporary car sales consistent with temporary uses; the sales tax proceeds would be returned to the city. Commissioner O'Neil asked how much of an issue car sales in the city are. They do not happen very often, but according to public comment, when they happen they have a big negative impact on car retailers in the city. Commissioner Bronson supports option B. He does not feel the city should attempt to disallow a particular industry from temporary uses. He sympathizes with brick and motor auto retailers in the city, but if you forbid just temporary auto sales in favor of brick and motor auto retailers, who may be next? Commissioner Long also supports option B. He is concerned that disallowing auto sales would have a negative impact on other businesses (such as the mall that would lose rental fees for the use of their parking lot). Commissioner Elder supports option B; since sales tax would be collected by the city. Commissioner Medhurst asked how the city will collect the sales tax. Planning Manager Conlen replied that staff is currently unsure of the mechanism of how to collect the sales tax, but will research the issue and ensure that sales tax is collected. The remaining Commissioners also expressed support for option B. Commissioner Bronson raised the concern that the way FWRC 19.275.�8 090 is currently written is unusable. It states only one container is allowed on a residentially zoned lot, but his experience is that many (if not most) people will need at least two containers and he would like this to be changed. In addition, in regards to FWRC 19.275.�9 090(3), sometimes the only place a container will fit is in a side or rear yard, or a critical area setback. He would like it changed to allow these areas to be used. Senior Planner Barker suggested adding words to the effect of allowing the use these areas under special circumstances approved by the director. Commissioner Bronson moved (and it was secondea� to recommend approval of proposed amendments to FWRC 19.275 (E7chibit A) as written with the following changes: For FWRC 19.275.030, delete number (3) and (3xa) as follows: ��:�;}�e��e�3se� �, For FWRC 19.275.�A 090, change number (1) to read as follows: "(1) Residentially zoned lots are allowed only er�e two containers at any time." For FWRC 19.275.�A 090, change number (3) as follows: "(3) Containers � should not be placed in required side yards, rear yards, or critical areas setbacks, exc�t under special circumstances atlowed by the director, or interfere with safe sight distance or traffic circulation in adjacent streets and sidewalks; and..." There was no further discussion and the motion carried (one opposed, six in favor). The public hearing was closed. K:\PlanningCommission�2011U11eetingSummary 11-02-Il.doc io2 .��_; �� , � � a �� 1_.._.._ ..___._ ---_ Plannin� Commission Minutes Pase 4 Decem er 7, 2 11 PUBLIC HEARING — Proposed Amendments Related to Complete Streets, New FWRC 19.135.205 City Traffic Engineer Perez delivered the staff report. Commissioner Long recused himself as he is the city's Senior Transportation Planning Engineer. The proposed amendments will reinforce the city's commitment to ensuring infrastructure improvements are made with the consideration for safe and convenient travel for multiple modes. Complete Streets are: designed and built for all users and therefore serve everyone; are beneficial to pedestrians, bicyclists, transit users and drivers, and people with disabilities, elderly persons, and children; and are safe, convenient, and accessible for all. The proposed amendment will add a new section to FWRC Chapter 19.135, "Development Improvements," that will address Complete Streets. Having a Complete Streets provision positions Federal Way to be eligible to participate in the Complete Streets grant program that will potentially fund planning, design, and capital projects that improve mobility for multiple modes. There was no public comment. Commissioner Medhurst expressed concern that the proposed new section does not provide for economic hardship. City Traffic Engineer Perez commented that four criteria for hardship are addressed in FWRC 19.135.070. Commissioner O'Neil asked who would be required to do the upgrades. City Traffic Engineer Perez replied that the proposed new section will be incorporated into the Public Works standards and these address when the city and/or developer is responsible for the upgrades. When a large parcel is developed, the city takes the "context" into consideration. Mea.riing, if the nearest sidewalk is a mile away, the city is unlikely to require the developer put in sidewalks. Commissioner Carlson moved (and it was secondec� to recommend approval ofthe proposed amendment with the removal of the word "their" from (2)(a) and (2)(c). There was no further discussion. The motion carried (six yes, one recused). The public hearing was closed. S'rUDY SESSio1v — Food Landscape and Food Access Policy Senior Planner Shull delivered the staff report. She gave the Commissioners a memorandum from the CPPW Food Access Team and UW Northwest Center for Livable Communities that outlines policy and planning recommendations to increase access to healthy food in Federal Way. In addition, she provided a report titled "Food Landscape in Federal Way, Washington" that was prepared by Urban Food Link and the UW Northwest Center for Livable Communities. The purpose for tonight's study session is to present this information and ask for any feedback from the Commission. Results from the study include the following issues: • We have higher than King County average rates of health-related issues, including diabetes. • Over 87% of our land area is greater than '/2 mile from a supermarket. • There are low income areas in Federal Way that are greater than '/2 mile from a supermarket • There are almost four times as many fast food and convenience stores as there are healthy food stores in Federal Way. • Many fast food and convenience stores are located near our schools. • We have a growing local interest in community gardens, farmers' markets, and urban agriculture. Recommendations of ways to address these issues are: Establish farmers' market policy. Ensure farmers' market viability. K:\Planning Commission�201 IVNeeting Summary I 1-02-1 I.doc - r,d� 103 ' , ��..�� , � —. - 1 _ �.�.._ __ .� Pianning Commission Minutes Page 5 December 7, 2011 3. Establish comm�mity garden policy. 4. Facilitate community gardening on private, vacant land. 5. Establish urban agriculture policy. 6. Support existing and potential healthy food retailers near residential areas. 7. Explore mobile vending opportunities. 8. Prioritize transit and pedestrian access to food retail. 9. Facilitate small retailers' knowledge of public health permits. 10. Create a healthy school food zone. 11. Monitor the balance of healthy to less healthy food stores. 12. Ensure commitment to healthy food access beyond CPPW funding. Commissioner O'Neil asked if the city has a P-Patch program. Senior Planner Shull replied that it does not. The Community Gardens are not P-Patches. For a P-Patch, each family and/or individual has their own section they cultivate and it is intended for their use. The Community Gardens are cultivated by arYy volunteer and the product is intended to be shared with those in need. Commissioner Medhurst commented that he feels this lacks an educational component. He feels it will not have much value without an educational component. Senior Planner Shull stated that page 6 of the memorandum does speak to an educational component. Commissioner Elder commented that some Community Gardens are hosted by schools for the purpose of education. She also noted that they also help with mental health. One aspect study was the walking distance to grocery stores (which are larger than convenience stores and thereby have a wider variety of healthy foods). Commissioner Long asked what is the desired walking distance. Senior Planner Shull replied that'/2 a mile is considered the furthest distance a person is willing to walk carrying groceries. One reason convenience stores are reluctant to carry fresh food is the concem it will spoil before it is sold. Some cities are allowing mobile fresh food vendors to help address this issue. Commissioner Bronson expressed concern that these policies will add layers of bureaucracies that will end up limited choices. He likes the study and the emphasis on community gardens, just don't add regulations. Senior Planner Shull commented that the city does not want to restrict access to unhealthy foods, but rather ensure access to healthy foods. �IDDITIONAL BUSINESS Commissioner Bronson asked that the city allow and encourage P-Patches. Chair Pfeifer asked everyone to remember Pearl Harbor. ADJOURN The meeting was adjourned at 9:15 p.m. K:�Planning fommission�2011N1eeting Summary 11-02-I I.doc 104 _ � '�',,,� 5� � _� 't �� - - ) __ _ _ ._