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Council PKT 02-21-2012 RegularCITY OF � Fed�ral Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall February 21, 2012 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATION a. Proclamation: Kiwanis Children Cancer Cure Month ... page 3 b. Mayor's Emerging Issues 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to otherindividuals orare otherwise inappropriate. 5. CONSENT AGENDA Items listed be/ow have been previously reviewed in their enfirety by a Council Committee of three members and brought before full Counci! for approval. All items are enacted by one motion.Jndividual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes February 7, 2012 Special and Regular Meeting 4 b. Retainage Release for All Around Fence...page 15 c. S 344th Way @ Weyerhaeuser Way S Intersection Improvements — 85% Design Status Report...page 16 d. 10th Avenue SW at SW Campus Drive Intersection Improvements — 85% Design _ Status Report... 18 e. 21 st Avenue SW at SW 336th St Intersection — 30% Design Status Report...page 20 f. Resolution: Bicycle and Pedestrian Master Plan... 22 6. COUNCIL BUSINESS a. Norpoint Heights Preliminary Plat ModificationRequest b. Arts Commission Appointments... 84 c. Diversity Commission Appointments...page ss d. Parks and Recreation Commission Appointments...page ss The Council may add items and take action on items not listed on the agenda. 7. ORDINANCES First Reading: a. CB #600 Twin Lakes Commercial Area Subarea Plan...paqe s� An ordinance of the City of Federal Way, Washington, relating to amendments to the City's Comprehensive Plan and the adoption of the Twin Lakes Commercial Subarea Plan. Second Reading: b. CB #597 Code Amendment FWRC Chapter 19.275 Temporarv Use ...page 132 An o►rlinance of the City of Federal Way, Washington, relating to temporary uses; amending FWRC 19.275 c. CB #598 Code Amendment FWRC Chapter 12 Businesses... 189 An ordinance of the City of Federal Way, Washington, relating to Business Registration: amending FWRC12.05 "Business Registration" and 12.25 "Temporary Businesses° d. CB #599 Code Amendment Complete Streets FWRC 19.135 Development Improvements...page 208 An ordinance of the City of Federal Way, Washington, ►elating to Complete Streets: adding a new section to FWRC 19.135 8. COUNCIL REPORTS 9. MAYOR'S REPORT 10. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. � UTY OF � Federa� Way PROCLAMATION "Kiwanis Children's Cancer Cure Month" WHEREAS, Kiwanis International was founded on January 2, 1915; and WHEREAS, since its inception, Kiwanis International has grown in over 90 countries Worldwide; and WHEREAS, the Men and Women of the Pacific Northwest District of Kiwanis International have exhibited a deep sense of pride in Community by serving the needs of family and children Worldwide; and WHEREAS, the Pacific Northwest District of Kiwanis International has, effective October 1, 2010, initiated the muiti-year District wide Service Project, I�iwanis Chiidren's Cancer Cure Program;and WHEREAS, this Program will fund the Kiwanis Children's Cancer Fellowships, allowing physicians to seek cures for currently untreatable forms of cancer; and, WHEREAS, the Riwanis Clubs of the Pacific Northwest will collaborate with Doembecher Children's Hospital in Portland, the Seattle Children's Hospital and the Vancouver, B.C. Ghildren's Hospital; and WHEREAS, the local Kiwanis Clubs are the epitome of their defining statement: "Kiwanis is a Global Organization of Volunteers Dedicated to Changing the World One Child and One Community at a Time". NOW, THEREFORE, we, the undersigned Mayor and Councilmembers of the City of Federal Way, do hereby proclaim February 2012 as "Kiwanis Children's Cancer Cure Month" throughout the city of Federal Way, and encourage our citizens to celebrate the many contributions made by the members of the Ki�vanis Clubs of the Pacific Northwest. SIGNED this 21 day of February 2012. FEDERAL WAY CITY COUNCIL Skip Priest, Mayor Jeanne Burbidge, Councilmember Dini Duclos, Councilmember Jim Ferrell, Dep:ity Mayor Bob Celski, Councilmember Roger Freeman, Councilmember Susan Honda, Councilmember Linda Kochmar, Councilmember COUNCIL MEETING DATE: February 21, 2012 ITEM #: ;,��i _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ ...................................................................................................._.....__..._...._......_......................................._....__..............................._......._.._............. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUB.IEC'r: CITY COUNCIL MEETING MINUTES POLICY QUESTION Should the City Council approve the draft minutes of the February 7, 2012 Council Special and Regular Meetings? COMMTTTEE: N/fl CATEGORY: � Consent City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeill , C� Clerk DEPT Human Resources _.........._---......-----.._._ ..............._..--��--�---�------................__.._..........�'.......�..._tY ._._............�.__._...�......._. _. Attachments: Draft minutes from the February 7, 2012 City Council Special and Regular meetings. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION Staff recommends approving the minutes as presented. CITY CLERK APPROVAL: N/fl �� DIRECTOR APPROVAL: Committee Council COMMITTEE RECOMMENDATION N/A N/A N/.4 co�n� co,��,i PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES, AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF '�.,,,,�...-, Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall February 7, 2012 6:30 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 6:30 pm. Elected officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Linda Kochmar, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski and Councilmember Dini Duclos. Staff Present: City Attorney Pat Richardson and Deputy City Clerk Krystal Roe. 2. EXECUTIVE SESSION The Council adjourned to executive session at 6:30 pm to discuss collective bargaining pursuant to RCW 42.30.140(4)(b) and potential litigation pursuant to RCW 42.30.110(1)(i) for approximately 30 minutes. The Council adjourned from executive session at 6:45 p.m. 3. ADJOURNMENT Mayor Priest adjourned the meeting at 6:45 p.m. Attest: Krystal Roe, Deputy City Clerk Approved by Council: February 21, 2012 City Council Minutes — February 7, 2012 Special Meeting Page 1 of l CITY OF ,�.�,.. Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Councii Chambers - City Hall February 7, 2012 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:03 pm. Elected officials present: Mayor Skip Priest, Deputy Mayor Jim Ferrell, Councilmember Linda Kochmar, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski and Councilmember Dini Duclos. Mayor Priest excused Councilmember Roger Freeman from the regular and special meeting due to illness. Staff present: City Attorney Pat Richardson and Deputy City Clerk Krystal Roe. 2. PLEDGE OF ALLEGIANCE Dick Mayer led the Pledge of Allegiance. 3. PRESENTATIONS a. Volunteer Spotliqht: Park Pals Mayor Priest stated members of Park Pals were instrumental in creating and maintaining the City's first off-leash dog park at French Lake Park. Councilmember Honda spoke to the importance of this group and presented certificates of accomplishment to its members. Parks Pals President JoAnn Hugill thanked the Council for the recognition and shared information about the club's activities, future plans, and goals. b. Proclamation: One Dav Federal Wav Councilmember Celski presented the proclamation and spoke to the importance of addressing homelessness by raising funds and bringing their needs into the spotlight. He introduced members of the current Advancing Leadership class and presented a proclamation to the group. Members of Advancing Leadership encouraged the public to attend a fundraising event February 21. c. Business Recvcler of the Year Award Councilmember Duclos presented the Business Recycler of the Year Award to the Commons Mall at Federal Way. She stated The Commons has reduced overall waste disposal by 22% in the last quarter of 2011 (compared to 2010). During that time over 42,000 pounds of material was recycled, resuiGng in an annual savings estimated to exceed $13k per year. Cynthia Stanley-Lee, General Manager of the Commons Mall accepted the award. Ms. Stanley-Lee addressed the Council and audience about the importance of recycling and the benefits their tenants derive from their recycling efforts. She recognized Assistant General Manager Eric Mattison, Federal Way Recycling Project Manager Jeanette Brizendine, and Samantha Wilderfor their teamwork which made this accomplishment possible. d. Arts Commission Certificates of Appointment Councilmember Honda presented certificates of appointment to the Arts Commissioners appointed by Council on January 17, 2012. e. Lodqinq Tax Advisorv Committee Certificates of Appointment Councilmember Burbidge presented certificates of appointment to the Lodging Tax Advisory Committee members appointed by Council on January 17, 2012. f. Steel Lake Advisorv Committee (SLAC) Certificates of Appointment Councilmember Celski presented certificates of appointment to the Steel Lake Advisory Committee members appointed by Council on January 17, 2012. Representatives of SLAC thanked Mayor Priest, Cary Roe, Dan Smith and Hollie Shilley fortheirwork in creating the Lake Management District and noted their efforts have resulted in a healthy Steel Lake. g. Indeqendent Salarv Commission Certificates of Appointment Deputy Mayor Ferrell read certificates of appointment to the Independent Salary Commission members appointed by Council on January 17, 2012 into the record, announcing the certificateswould be mailed as the recipients were not present. h. Parks and Recreation Commission Certificates of Appointment Councilmember Honda presented certificates of appointment to the Parks and Recreation Commissioners appointed by Councif on January 17, 2012. i. Human Services Commission Certificates of Appointment Councilmember Honda presented certificates of appointment to the Human Service Commissioners appointed by Council on January 17, 2012. j. Mavor's Emerqina Issues • Staffinq Chanqes Mayor Priest announced Administrative Services Director Bryant Enge will be leaving the City for a prestigious position with the City of Portland. Mayor Priest thanked Mr. Enge for his service to the City; the audience recognized Mr. Enge with a standing ovation. • Januarv 2012 Maior Snow & Ice Event Parks and Public Works Director Cary Roe briefed Council on the efforts of City crews during the event, the impact of the storm, preliminary costs and how expenses might be recouped should the storm be declared a disaster by FEMA (Federal Emergency Management Agency). Councilmember Duclos thanked staff for their efforts, including their work to clear roadways under the state's responsibility. • Sound Transit Mayor Priest noted he and the Council wrote a letter to our 30th District legislators requesting increased transparency and accountability of Sound Transit. He thanked King County Councilmember von Reichbauer, State Representatives Asay and Miloscia, and State Senator Eide for their support. Sponsorship of state legislation on a number of pieces of legislation ranging from annual performance audit requirements to procedures for cities opting out of regional transit City Council Manutes — February 7, 2012 Regular Meeting Page 2 of 9 agencies are very much appreciated. Mayor Priest stated he is encouraged by Sound TransiYs commitment to fund a$24 million transit plan for Federal Way. • Mavor's Transportation Meetinq Mayor Priest reported he attended a MayoPs meeting on transportation in Olympia. He recognized Councilmember Burbidge's efforts to keep funding for Federal Way's transportation infrastructure. • State Budctet Mayor Priest spoke about the impacts of the State budget to the City and more notably how state budget cuts impact local government. • Auto Theft Bill Police Chief Brian Wilson testified in Olympia on the auto-theft bill and the importance of the legislation. Mayor Priest acknowledged the leadership of Representative Assay on this issue. 4. CITIZEN COMMENT Norma Blanchard spoke about term limits. She asked Council to enact self-imposed term limits rather than waiting for citizens to bring the issue forward through the initiative process. She stated it is much easier for Council to pass an ordinance than it is for citizens to bring an initiative forward. Nancv Combs shared concerns about neighborhood tra�c safety on 21 Avenue and her continued requests for traffic control devices. She further remarked on results of a 2004 ballot process; she disputes the final Council action taken as part of that process. Kurt Peppard spoke about poor graduation rates in Federal Way and his concerns about the negative impacts to economic development in the community. He distributed a letter for Council review. Charles Hoff spoke about education in Federal Way. He encouraged Council to request three tasks from the School Board: 1) Request the School Board meet with members of the community in an open manner to discuss what community members want from the schools; 2) Meet with living wage employers in Puget Sound to determine their employment needs; 3) Develop a plan to replace Federal Way High School in a way which addresses these needs and results in economic development growth in the City. John-Paul Chaisson-Cardenas stated his is displeased with student achievement in the Federal Way public schools and expressed concerns regarding a lack of planning to close an achievement gap for students of color. He distributed a flyer for Council review. Kris Fapundes (Java Billiards) thanked Councilmembers for following through with their commitments to investigate the banner issue. She wanted to be sure to recognize Council efforts and to be sure they know how appreciative she is that they kept their word. Clara MacArthur spoke about her public records requests to Sound Transit and her concerns about the response she's received from the agency. She encouraged Council to spotlight the amount of money given to Sound Transit and the projects they've delivered. She asked that Council and staff review the documents Sound Transit provided fo her and to scrutinize their numbers. Dr. Grea Summers announced customer appreciation events on February11 to provide free chiropractic care to for anyone bringing a canned food donation to benefit the local food bank. Libbv Bennett stated the Occupy Wall Street and Occupy Federal Way movements are working to identify solutions to many of the problems raised during earlier citizen comments including education and economic development. She encouraged the public to attend a meeting tomorrow night at 6:00 p.m. at the 320"' Ciry Council Minutes — February 7, 2012 Regular Meeting Page 3 of 9 Library to learn more. Tracv Hilt expressed appreciation for speed humps in his neighborhood, shared concerns about the amount of recent police activity in his complex, and stated tree limbs near his home have not yet been cleared following the winter storm event. Cindv Stanlev-Lee spoke in support of temporary use zoning and described the benefits of temporary auto sales events at The Commons. 5. CONSENT AGENDA a. Minutes: January 17, 2012 Special and Regular Meetings b. Vouchers c. Plate Compactor Replacement d. Neighborhood Traffic Safety (NTS) Program 2009-2011 Contract Closeout MOTION: Deputy Mayor Ferrell moved approval of items 5a through 5d. Councilmember Duclos second. VOTE: Depuiy Mayor Ferrell Councilmember Kochmar Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Freeman Councilmember Duclos MOTION CARRIED 6-0 6. COUNCIL BUSINESS Yes Yes Yes Yes Yes Excused Yes a. Minutes: Januarv 28, 2012 Council Retreat Deputy Mayor Ferrell provided a summary of the January 28, 2012 retreat; he highligh�ed important topics raised and voiced support for the proposed rule changes. MOTION: Deputy Mayor Ferrell moved approval the January 28, 2012 City Council retreat minutes. Councilmember Celski second. DISCUSSION: Councilmember Duclos asked that the agenda for future retreats be modified to accept citizen comments at both the beginning and end of the retreat. VOTE: Deputy Mayor Ferrell Councilmember Kochmar Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Freeman Councilmember Duclos MOTION CARRIED 6-0 Yes Yes Yes Yes Yes Excused Yes b. Resolution: Amendina Council Rules of Procedure City Council Minutes — February 7, 2012 Regular Meeting Page 4 of 9 City Attorney Richardson highlighted proposed changes to the Council Rules including: • Clarification of the process concerning time limits for group comments at Council meetings. • Clarification of procedures concerning terms of the Deputy Mayor. • Requiring formal orientation for all newly-appointed Commission/Committee/Task Force members. • Requiring annual conflict of interest statements from citizen advisory committee members to avoid ethics code violations. • Identifying how submission of information from advisory committees shall be presented to the Council and Mayor. • Requiring Council Committee appointments by the Deputy Mayor to be ratified by the Council. Deputy Mayor Ferrell spoke about the benefit of this discussion and his support of Council Committee assignment ratification by the full Council. MOTION: Deputy Mayor Ferrell moved to adopt the proposed resolution amending the Council Rules of Procedure. Councilmember Duclos second. VOTE: Deputy Mayor Ferrell Councilmember Kochmar Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Freeman Councilmember Duclos MOTION CARRIED 6-0 7. ORDINANCES FIRST READING: Yes Yes Yes Yes Yes Excused Yes Resolution 12-614. a. CB #597 Code Amendment FWRC Chapter 19.275 Temporarv Use An orclinance of the City of Federal Way, Washington, relating to temporary uses; amending FWRC 19.275 Senior Planner Deb Barker introduced the LUTC recommendation. Due to the intermingled nature of Council Bills #597 and #598, Ms. Barker recommended presenting both ordinances together. Mayor Priest concurred, stating that by doing so Council would be given an opportunity to hear how the items work in tandem, while still allowing the bills to be addressed individually. Ms. Barker presented a detailed report on the proposed ordinances, problems with the current code structure, how the proposed ordinances will benefit both the City and the community, and research conducted to reach a recommendation. Councilmember Duclos asked for clarification about sales taxes collection. Ms. Barker explained her understanding of the state's taxing structure. City Council Minutes — February 7, 2012 Regular Meeting Page S of 9 Councilmember Celski asked for citation of the code. Ms. Barker read both the existing and proposed language for comparison. Deputy City Clerk Roe read the ordinance title into the record. MOTION: Councilmember Celski moved to forward the ordinance to the February 21, 2012 Council meeting for second reading and enactment. Councilmember Duclos second. VOTE: Deputy Mayor Ferrell Councilmember Kochmar Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Freeman Councilmember Duclos MOTION CARRIED 6-0 Yes Yes Yes Yes Yes Excused Yes b. CB #598 Code Amendment FWRC Chapter 12 Businesses An ordinance of the City of Federal Way, Washington, relating to Business Registration: amending FWRC12.05 "Business Regisfration" and 12.25 "Temporary Businesses" Ms. Barker referred back to her earlier presentation under CB#597. She provided further details about the ways amendments to chapter 12 are consistent with the changes in temporary uses. The proposed ordinance reduces redundanUduplicate processes and makes the review and approval process easier for citizens and staff. Councilmember Kochmar asked for an example of how 12.05.120 would be implemented. Ms. Barker described a scenario whereby the vehicle transaction process would be conducted in full within Federal Way (sale of the vehicle, transfer of ownership, and transfer of keys). This ensures sales tax is received by Federal Way instead of allowing delivery of the vehicle to occur in a different city with a lower tax rate, thereby avoiding the Federal Way sales tax rate. Deputy City Clerk Roe read the ordinance title into the record. MOTION: Councilmember Celski moved to forward the ordinance to the February 21, 2012 Council meeting for adoption. Councilmember Kochmar second. VOTE: Deputy Mayor Ferrell Councilmember Kochmar Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Freeman Councilmember Duclos MOTION CARRIED 6-0 Yes Yes Yes Yes Yes Excused Yes c. CB #599 Code Amendment Complete Streets FWRC 19.135 Development Improvements An ordinance of the City of Federal Way, Washington, relating to Complete Streets: adding a new section to FWRC 19.135 Ciry Council Minutes — February 7, 2012 Regular Meeting Page 6 of 9 Senior Traffic Engineer Rick Perez presented information on the proposed ordinance. He summarized the history of the proposal, regional support for the plan, definition of a"complete street", action by other regional cities, and Committee and staff recommendations. Councilmember Kochmar stated a number of e-mails from citizens have been received. She asked about legislature funding. Mr. Perez replied the legislature has not yet made grant funds available, but they are anticipated. This amendment better positions the City to receive the funds. Deputy City Clerk Roe read the ordinance title into the record. MOTION: Councilmember Celski moved to forward the ordinance to the February 21, 2012 Council meeting for adoption. Councilmember Burbidge second. VOTE: Deputy Mayor Ferrell Councilmember Kochmar Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Freeman Councilmember Duclos MOTION CARRIED 6-0 SECOND READING: Yes Yes Yes Yes Yes Excused Yes a. CB #596 Amend FWRC 7.030.101 and 7.030.040 Reaardinq Prohibition of Internal Combusfion Enqines on Steel Lake and North Lake An ordinance of the City of Federal Way, Washington, relating to boats and watercraft; amending FWRC 7.03.010 and FWRC 7.03.040 At their January 17, 2012 meeting, the Council moved to forward this ordinance to second reading and enactment. Deputy City Clerk Roe read the ordinance title into the record. MOTION: Councilmember Celski moved approval of the ordinance amending FWRC 7.03.010 and 7.03.040. Councilmember Duclos second. VOTE: Deputy Mayor Ferrell Councilmember Kochmar Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Freeman Councilmember Duclos MOTION CARRIED 6-0 8. COUNCIL REPORTS Yes Yes Yes Yes Yes Excused Yes Ordinance 12-715 Councilmember Kochmar thanked King County Councilmember von Reichbauer for the $24 million Sound Transit budget amendment he's sponsored toward developing a transit plan for Federal Way. She announced plans to attend the Suburban Cities meeting February 8 and a meeting of the King County City Council Minutes — February 7, 2012 Regular Meeting Page 7 of 9 Flood Control District; she will provide updates at the next Council meeting. Councilmember Honda attended the Greener Skies meeting atong with Mayor Priest. She recognized the Mayor's efforts to bring airport noise relief to Federal Way residents. She reminded citizens of the public comment deadline for this topic on February 28. She spoke about the importance of citizen commissions. She announced the next PRHSPSC meeting on February 14 and highlighted the anticipated agenda topics. Deputy Mayor Ferrell recently attended a Suburban Cities dinner with King County Executive Dow Constantine and stated King Counry is working hard to improve its budget. Deputy Mayor Ferrell is also representing Federal Way on the regional Emergency Management Advisory Committee. Deputy Mayor Ferrell acknowledged Cary Roe and his staff for their accomplishments during the recent winter storm emergency. Concerning Sound Transit, Deputy Mayor Ferrell feels progress has been made and is appreciative of the recent developments. Councilmember Burbidge announced an upcoming LTAC mini retreat on February 14. She thanked staff for excellent response from staff for the storm and ice storm. The shelter at the Community Center and the work by staff was applauded. She distributed South County Area Transportation Board brochures outlining the Board's goals, supported projects, Board membership, leadership and regional ties. She encouraged Council to review the material. On Thursday she'll be attending the PSRC Transportation Policy Board meeting and a prioritizing subset of that group on Friday. The topic concerns maintenance funding and preservation of highways. She will work to ensure cities that have been responsible in maintaining their infrastructure are not punished by only awarding funds for improvement projects in cities that have not maintained their infrastructure. Councilmember Celski spoke about the importance of homeless services in Federal Way and spec�cally about the work of Reach Out Federal Way. He expressed his pride in the Advancing Leadership group. He announced the Reach Out Roller Mania fundraising event at Pattison's West on April 16 through team pledges with a goal of over $10,000. The event will include demonstrations by world-class speed skaters. He announced the next LUTC meeting as February 13 at 5:30 p.m. and noted all future meetingswill begin at 5:30 rather than 6:00 p.m. Councilmember Duclos stated she is pleased with Councilmember von Reichbauer and Senator Eide in getting some action from Sound Transit. A lot more work remains. She remarked the only reason commuters stand on buses is because they must get to work on time to keep their jobs. Assuming they choose to do so because they don't mind standing for 58 minutes is cavalier. Transit improvement is badly needed as it is unacceptable to consider standing-room buses adequate for commuters. Councilmember Duclos reiterated her appreciation to bill sponsors Mark Miloscia and Katrina Assay and also to Senator Margarita Prentice for getting this work accomplished in Olympia. Councilmember Duclos announced her election to the Suburban Cities Board of Directors; she attended the Board's retreat on January 27. The work accomplished at the retreat was valuable and worth the time it took to attend. She also recently met with the executive director of EnterpriseSeattle. She will attend the Regional Policy Committee meeting on February 8 and discussed scheduled agenda topics. She announced a recent trip to the Kennedy Space Center and described highlights of her visit. 9. MAYOR'S REPORT Mayor Priest thanked the Council for their work to achieve progress with Sound Transit. He stated the Council should be congratulated for the work they did starting with a resolution back in May. Mayor Priest again recognized Mr. Enge for his support and leadership with staff and wished him well in Portland. Lastly, Mayor Priest thanked everyone for attending and for their participation in the meeting. City Council Minutes — February 7, 2012 Regular Meeting Page 8 of 9 10. EXECUTIVE SESSION Council did not adjourn to Executive Session. 11. ADJOURNMENT Mayor Priest adjourned the meeting at 9:31 p.m. Attest: Krystal Roe, Deputy City Clerk Approved by Council: February 21, 2012 City Council Minutes — February 7, 2012 Regular Meeting Page 9 of 9 COUNCIL MEETING DATE: February 21, 2012 CITY OF FEDERAL WAY CITY COUNCIL ITEM #: AGENDA BILL SUBJECT: ALL AROUND FENCE RETAINAGE RELEASE POLICY QUESTION Should the City accept the contract with All Around Fence as complete and authorize staff to release their Retainage? COMMITTEE PRHSPS CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE Feb 14 , 2012 ❑ Public Hearing ❑ Other STAFF REPORT BY: Ste hen Ikerd Parks & Facilities Mana er DEPT PRCS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � ............................................................................................................................................................._._....._.__.._._.............................._..........-------- History: The City contracted with All Around Fence to provide backstops and fencing at Lakota Park in the amount of $40,405.50 including tax. All Around Fence has completed all the work within this contract. Prior to the release of Retainage on any Public Works project, the City Council must accept the work as complete to meet State Deparhnent of Revenue and Department of Labor and Industries requirements. Egpenditure Summary including tax: $36,900.00 — Contract total 3,505.50 — sales tax $40,405.50 — Total project cost 5% Retainage held from the $36,900.00 =$1845.00 Options Considered: #1 - Accept the contract as complete and release Retainage. #2 - Do not accept the contract as complete, and provide direction to staff. MAYOR'S RECOMMENDATION Option #1: Recommend Council accept the contract as complete and authorize staff to release Retainage in the amount of $1845.00 to All Around Fence. MAYOR APPROVAL: _ � • DIRECTOR APPROVAL: .omm�ee Council Co� Council COMMITTEE RECOMMENDATION I move to forward the acceptance of the All Around Fence contract as complete and authorize staff to release their $1845.00 Retainage to the full Council February 21, 2012 consent agenda for approval. L ��""- ��r��/'� 0 0�� Committee Chair Committee Member Committee Member �tetainage in the amount of $1845. 00 to All Around Fence " (BELOW TO BE COMPLETED BY CITY CLERKS OFF/CE) 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 # PROPOSED COUNCIL MOTION: " I move to accept the contract as complete and authorize staff to release COUNCIL MEETING DATE: February 21, 2012 ITEM #:�� _.._ __ _ _ . SUB.�ECT: S 344` Way @ Weyerhaeuser Way S Intersection Improvements — 85% Design Status Report POL[CY QUESTION Should the Council authorize staff to proceed with design of the S 344`� Way @ Weyerhaeuser Way S Intersection Improvements Project and return to the LUTC and Council at the 100% design completion for further reports and authorization? CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL COMMII"CEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business � ■ Ordinance Resolution MEET[NG DATE February l3 , 2012 ❑ Public Hearing ❑ Other STAFF REPORT BY: lohn Mulkey P. E., Street Systems Pro,�ect Eng�neer �J�`"� DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated February 13, 2012. Options Considered: 1. Authorize staff to proceed with the design of the S 344 Way @ Weyerhaeuser Way S Intersection [mprovements Project and return to the LLJTC and Council at the 100% design completion stage for further reports and authorization. 2. Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. MAYOR'S RECOMMENDATION Mayor recommends forwarding Option ( to the February 2 t, 2012 City Council Consent Agenda for approvaL � � MAYOR APPROVAL: ��'/I`Y� ///l/'T�� DIRECTOR APPROVAL: Council ( Committee Council COMM[TTEE RECOMMENDATION Forward Option 1 to the February 21, 2012 City Council Consent Agenda for approvaL �1 � /T l t ��c.t�4�ti`'�fl� 3"�`� Susan Honda, Member he design of the S 344`'' Way @ ect and return to the L UTC and Council at the 100% design (BELOW TO BE COMPLETED BYClTYCLERKS OFF/CE) COUNCIL ACT[ON: ❑ APPROVED COUNCIL BILL # ❑ DENIED I reading ❑ TABLED/DEFERItED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances onlyJ ORDINANCE # REVISED — 02/06/2006 RESOLUTION # Weyerhaeuser Way S Iniersection Improvements Proj completion stage for further reports and authoruation. CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: � FROM: � SUBJECT: February 13, 2012 Land Use and Transportation Committee Skip Priest, Mayor Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management � John Mulkey, P.E., Street Systems Project Engineer -sj�� S 344�' Way @ Weyerhaeuser Way S Intersection Improvements — 85% Design Status BACKGROUND This project will construct a two-lane roundabout at this intersection. The purpose of the project is to improve traffic safety and capacity and reduce accidents by eliminating conflicts. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: • The Topographical Surveys • The Geotechnical Investigation • Right of Way Plan • Channelization Plans • SEPA Approval � Project Design to 85% Ongoing Tasks Include: • Right of Way acquisition and/or dedication agreement • WSDOT approval of Channelization Plans • Project Design to l00% PROJECT ESTIMATED EXPENDITURES: Design ROW Acquisition 2012 Construction Cost 10% Construction Contingency Construction Management TOTAL PROJECT COSTS AVAILABLE FUNDING: Budgeted City Funds Mitigation Interest Earning TOTAL AVAILABLE BUDGET $ 269,000 40,000 1,200,000 120,000 120,000 $1,749,000 $1,034,000 $0 0 $1,034,000 At this time the project budget has a funding shortfall of $715 As we proceed with the project design and right of way acquisition process, the total project costs will be refined and presented to the Committee and Council at the 100% design completion status report for further action. COUNCIL MEETING DATE: February 21, 201Z _ . _ . __ _ __. _ _ _ [TEM #:� __ _ __ _.._... SUBJEC'f 10`�' Avenue S W at S W Campus Drive Intersection [mprovements — 85% Design Status Report POLICY QUESTION Should the Council authorize staff to proceed with design of the 10`� Avenue SW at SW Campus Drive Intersection Improvements Project and return to the LUTC and Council at the 100% design completion for further reports and authorization? CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL COMMTI"CEE Land Use and Transportation Committee CATEGORY: � Consent � ■ Ordinance ❑ City Council Business Resolution MEETIIVG DATE February l3, 2012 � ■ Public Hearing Other STAFF REPORT BY: lohn Mulkey P. E, Street Systems Pro,Ject Engineer j� DEPT Public Works Attachments: Land Use and Transportation Committee memorandum dated February 13, 2012 Options Considered: 1. Authorize staff to proceed with the design of the 10` Avenue SW at SW Campus Drive Intersection Improvements Project and return to the LUTC and Council at the 100% design completion stage for further reports and authorization. 2. Do not authorize staff to proceed with finaiizing the present design of this project and provide direction to staff. MAYOR'S RECOMMENDATION Mayor recommends forwarding Option t to the Eebruary 21, 2012 City Council Consent Agenda for approvaL (� MAYOR APPROVAL: � !��—'�- D[RECTOR APPROVAL: 1 �� ' �/ ��I� C mittee Councd Committee Council r i/ Bob Celski, Chair �� Susan Honda. Member PROPOSED COUNCIL MOTION �=1'�move to authorize staff to proceed rvith the design of the 10`" . SW Campus Drive Intersection lmprovements Project and return to the LUTC and Council at the completion stage for further reports and authorization. " 100% design (BELOW TO BE COMPLETED BYCITYCLERKS OFFICEJ COUNC[L ACTION: ❑ APPROVED COUNCIL B[LL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/lY0 ACT[ON Enactment readiag ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTIOIY # COMMITTEE RECOMMENDATION Forward Option 1 to the Eebruary 2l, 2012 City Council Consent Agenda for approval. CITY OF FEDERAL WAY MEMORANDUM DATE: TO: February 13, 2012 Land Use and Transportation Committee VIA: Skip Priest, Mayor �,� Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management FROM: John Mulkey, P.E., Street Systems Project Engineer ��+� SUBJECT: 10�' Avenue SW at SW Campus Drive Intersection Improvements — 85% Design Status Report BACKGROUND This project will construct a 300-foot long right-turn lane on southbound 10`�' Avenue SW approaching the intersection of SW Campus Drive. Additional work will include utility relocation, storm drainage, paving, curb, gutter, sidewalk, street lighting, traffic signal modifications, signing, channelization and landscaping. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 30% complete, which includes the following completed tasks: • The Topographical Surveys • The Geotechnical Investigation • Right of Way Plan • Channelization Plans • SEPA Approval • Project Design to 85% Ongoing Tasks Include: • Right of Way acquisition and/or dedication agreement • Project Design to 100% PROJECT ESTIMATED EXPENDITURES: Design ROW Acquisition 2012 Construction Cost 10% Construction Contingency Construction Management TOTAL PROJECT COSTS AVAILABLE FUNDING: Budgeted City Funds Mitigation Interest Earning TOTAL AVAILABLE BUDGET $145,400 64,000 700,000 70,000 84,400 $1,063,800 0.00 $183,000 26,700 $ 209,700 This project has funding for Design and right of way acquisition only thru available project mitigation and interest funding; no construction funding is budgeted at this time. COUIYCIG MEET[1YG DATE: February 21, 2012 ITEM #:�� _ ___ _ ___ __ _ _ _ __ __ _ _ ....._ . __ ___ _ _._.. _.. ____ _ _..__ . _...__ CITY COUNCIL AGENDA BILL SUBJECT 21�` Avenue SW at SW 336` St [ntersection —30% Design Status Report POLICY QUESTION Should the Council authorize staff to proceed with design of the 21�` Avenue SW at SW 336`� Street Intersection Project and return to the LUTC and Council at the 85% design completion for further reports and authorization? COMM[TTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business CITY OF FEDERAL WAY A ■ Ordinance Resolution MEETING DATE February 13 , 2012 ❑ Public Hearing ❑ Other STAFF REPORT BY John Mulkey, P. E., Street Systems Pro�ect Engmeer �`�� DEP'r Public Works Attachments: Land Use and Transportation Committee memorandum dated February 13, 2012. Options _Considered: _ _ _ .. _.__. _. . . . . __ _ _...._ _ . _.. _ ... ._.. __ _ ...._. _. _._.._.._..----.. l. Authorize staff to proceed with the design of the 21 Avenue SW at SW 336`� St Intersection Project and return to the LUTC and Council at the 85% design completion stage for further reports and authorization. 2. Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. MAYOR'S RECOMMENDATION Mayor recommends forwarding Option 1 to the February 21 2012 City Council Consent Agenda for approval. , (� MAYOR APPROVAL: D[RECTOR APPROVAL: ounc� v< council COMMTCTEE RECOMMENDAT[ON: Forward Option 1 to the February 21, 2012City Council Consent Agenda for approval. � � Bob Celski, Chair Jeanne Burbidge, Member !�/�yl,� � Susan Honda, Member PROPOSED COUNC[L MOTION "I�ve to authorize staff to proceed with the design of the 21s` Ave SW at SW 336 Street Intersection Project and return to the LUTC and Council at the 85% design completion stage for further reports and authorization. " (BELOW TO BE COMPLETED BY C/TY CLERKS OFF/CE) COUNCIL ACTION: ❑ APPROVED COUNCIL B[LL # ❑ DENIED l reading ❑ TABLED/DEFERRED/NO ACT[ON Enactment �eading ❑ MOVED TO SECOND READING (ordinances only� ORD[NANCE # REV[SED - 02/O6/2006 RESOLUT[ON # � ' 1 �� CITY OF FEDERAL WAY MEMORANDUM DATE: TO: February 13, 2012 Land Use and Transportation Committee VIA: Skip Priest, Mayor � FROM: �f Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management John Mulkey, P.E., Street Systems Project Engineer S jt+� SUBJECT: 21 Avenue SW at SW 336` St [ntersection — 30% Design Status Report BACKGROUND On November 15, 2011, the City Council reviewed design atternatives for this project and selected the traditiona( intersection improvement alternative of constructing dual lefr-turn (anes eastbound and westbound and a right—turn lane westbound. This project will include access control along SW 336�` Street and also install a new traffic signal west of the intersection to altow for le8 turn access into the businesses north and south of the roadway. Additional work will include utility relocation, storm drainage, paving, curb, gutter, sidewalk, street iighting, signing, channelization, and landscaping. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 30% complete, which includes the foilowing completed tasks: • The Topographical Surveys • Right of Way Ptan • Channelization Plans • Project Design to 30% � ist Project Open house Ongoing Tasks Include: • SEPA Submittals • Value Engineering Study • Right of Way Requirements (Property Appraisals, Review Appraisals, Negotiation and Acquisition) � 2" Project Open house scheduled for July 20l 2 • Preliminary Contract Specifications • Project Design to 85% PROJECT ESTIMATED EXPEIYDITURES: Design RO W Acquisition 2012 Construction Cost 10% Construction Contingency Construction Management TOTAL PROJECT COSTS AVAILABLE FUNDING: TIB Grant Budgeted City Funds Mitigarion TOTAL AVA[LABLE BUDGET $ 600,000 650,000 3,300,000 330,000 435,000 $ 5,315,000 $ 3,360,000 1,859,000 109,527 $ 5,328,527 COUNCIL MEETING DATE: February 21, 2012 CITY OF FEDERAL WAY ITEM #:_�� CITY COUNCIL AGENDA BILL SUBJECT: FEDERAL WAY BICYCLE AND PF,DESTR[AN MASTER PLAN POLICY QUESTIOIY Should the City Council approve the Federal Way Bicycle and Pedestrian Master Plan and direct staff to uti(ize the Bicycle and Pedestrian Master Plan to update the City of Federal Way Comprehensive Plan, Transportation Element, Non-motorized section, as part of the next annual update process? COMMITTEE Land Use Transportation Committee CATEGORY: ❑ Consent ❑ Ordinance ❑ City Council Business � Resolution STAFF REPORT BY: Senior Planner, Janet Shull, AICP MEETING DATE Eeb. 13 , 2012 ❑ Public Hearing ❑ Other DEPT CEDD and PW Ci Traffic En ineer__Rick Perez,_PE_..._.......---..------..--.-------.._..-----....__......._._._._._..._._..----.---..-.---.--._..._._.._._._.. ----._.�_.........._.__..._....----�---�'---�---------�--- , Background: The City of Federal Way received funding from Public Health Seattle-King County through the Communities Putting Prevention to Work (CPPV� program in the spring of 2010 to prepaze a Bicycle and Pedestrian Master Plan. The proposed Bicycle and Pedestrian Master Plan provides updated information on existing bicycle and pedestrian facilities, and ana(yzes opportunities to add facilities to expand the network, improve safety, and improve connectivity between neighborhoods and business centers, recreation and schools. One of the conditions of the CPPW grant is to present the Bicycle and Pedestrian Master Plan to the City Council for action prior to the end of �e grant funding cycle. � Attachments: i) Draft Resolution with Eachibit A— Draft Pederal Way Bicycle and Pedestrian Master Ptan; 2) Staff report to the Planning Commission; 3) Minutes of the Febcuary l, 20t2 Planning Commission Public I-[earing. Options Considered: 1) Approve the Federal Way Bicycle and Pedestrian Master Plan as shown in Exhibit A to the draft resolution; 2) Modify the Federal Way Bicycle and Pedestrian Master Plan and approve as modified; 3) Do not approve the Federal Way Bicycle and Pedestrian Master Plan. MAYOR'S RECOMMENDAT[ON The Mayor recommends approval of the Federal Way Bicycte and Pedestrian Master Plan. T MAYOR APPROVAL: DIRECTOR APPROVAL: � Commmee COMMITTEE RECOMMENDATION: I move to forward the proposed resolution approving the Federal Way Bicycle and Pedestrian Master Plan to the February 21, 2012 consent agenda approval. r � _..-,,;_ ,;._.�. ,��.:._ � �ti� -- k��,�y1�� '� B b Celski ne Burbid e � Susan Hd��d�a Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION "1 move approval of the Federal Way Bicycle and Pedestrian Master Plan. " (BELOR' TO BE COMPLETED BY ClTY CLERKS OFFICE) COUNC[L ACTION: ❑ APPROYED COUNCIL B[LL # ❑ DENIED 1� reading ❑ TABLED/DEFERRED/NO ACT[ON Enactment readiog ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE q REVISED — 08/12/2010 RESOLUTION # RESOLUTI01�1 NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, relating to the approval of the FEDERAL WAY BICYCLE AND PEDESTRIAN MASTER PLAN. WHEREAS, the Ciry of Federal Way received a Communities Putting Prevention to Work (CPPV� grant in 2010 to fund the development of a citywide bicycle and pedestrian master plan; and WHEREAS, city staff prepared the draft Federal Way Bicycle and Pedestrian Master Plan with consultant assistance and citizen input, including a 20-member advisory committee, over an 18- month period; and WHEREAS, the Federal Way Bicycle and Pedestrian Master Plan examines the existing conditions for cycling and walking within the city, evaluates opportunities to increase walking and cycling, and proposes a connected network of cycling and walking facilities; and WHEREAS, the Federal Way Bicycle and Pedestrian Master Plan is intended to update the Non-motorized section of the Federai Way Comprehensive Plan, Transportation Element; and WHEREAS, the Comprehensive Plan update shall take place as part of the next annual comprehensive plan update pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW and pursuant to chapter 19.80 F WRC; and WHEREAS, as part of the CPPW grant agreement, city staff is required to present the draft Bicycle and Pedestrian Master Plan to the City Council for consideration and recommended action; and WHEREAS, the City's Planning Commission held a public hearing on February 1, 2012, at the close of which they recommended to the council approval of the Federal Way Bicycle and Resolution No. I1- Page 1 of 4 Rev 1/10 Pedestrian Master Plan; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered the Federal Way Bicycle and Pedestrian Master Plan on February 13, 2012, and recommended approval of the Planning Commission's recommendation; and WHEREAS, the City Council desires to approve the Federal Way Bicycle and Pedestrian Master Plan. NOW THEREFORE, THE CITY COtJNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Approval of the Federal Way Bicycle and Pedestrian Master Plan. The City Council hereby approves the Federal Way Bicycle and Pedestrian Master Plan as presented in E�chibit A. Section 2. Update the Transportation Element of the Comprehensive Plan. The City Council hereby directs city staffto utilize the Federal Way Bicycle and Pedestrian Master Plan to update the Non-motorized section of the Comprehensive Plan Transportation Element during the next annual update of the Comprehensive Plan pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW and pursuant to chapter 19.80 FWRC. Section 3. Severabilitv. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidiry or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of Resolution No. 11- Page 2 oJ4 Rev 1/10 scrivener/clerical errors, references, resoiution numbering, section/subsection numbers and any referencesthereto. Section 5. Ratification. Any act consistent with the authority arid prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 21st day of February, 2012. 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: Resolution No. 11- Page 3 of 4 Rev i/t0 RESOLUTION NO.: Resolution No. 11- Page 4 oj4 Rev 1/IO DRAFT City of Federal Way Bicycle and Pedestrian Master Plan CITY OF FEDERAL WAY BICYCLE AND PEDESTRIAN MASTER PLAN 1. INTRODUCTION AND BACKGROUND tntroduction Purpose The overall goal of the Bicycle and Pedestrian Master Plan is to set the stage for the city's long-term vision of a safe, accessible, and connected bicycle and pedestrian network. Implementation of the plan will improve walking and biking conditions throughout the City of Federal Way with an emphasis on connecting neighborhoods, schools, trarisit, business districts, and recreational facilities. Another key objective of the plan is to increase opportunities for physical activity within the city. Currently, Eederal Way has a higher percentage of residents who are overweight than the King County average. By making wa(king and bicycling safer and more convenient, there will be greater incentive to walk and ride bikes for health and recreation, as well as for transportation. The Bicycle and Pedestrian Master Plan is a stand-alone document that will be incorporated into the Transportation E(ement of the City's Comprehensive Pian as part of the next annual update. The Master Plan provides an updated inventory of pedestrian and bicycle facilities, analyzes the functionality of the overal( non-motorized network, and identifies potential for improvements to the network that address connectivity, comfort and safety. Plan Development The Bicycte and Pedestrian Master Plan was developed over a period of approximate(y l8 months with. funding made available through the Communities Putting Prevention to Work (CPPW) grant program. Specificaily, the City of Federal Way was awarded a HEAL (Healthy Eating Active Living) grant that provided funding for staff time to work on the project and a(so provided the resources of technical consultants, non-profit organizations, and university staff researchers. HEAL grants were specifically awarded to agencies and organizations who were working on projects that u(timately will result in improved health for King County's residents. An advisory committee was established that met regularly between March and September, 201 l. The advisory committee helped develop draft goals and objectives, (Section 2), and provided input on the proposed bicycle and pedestrian network facilities and prioritization criteria. [n addition to the advisory committee input, an electronic survey was Made possiWe by funding from the Department of Health and Human Services and Public Health - Seattle & King County. ��;�l�I�"_.--_�..�_�.. � DRAFT City of Federal Way Bicycle and Pedestrian Master Plan conducted early in the plan development process to tearn more about the habits and preferences of those who are biking and walking in Eederal Way. Two public workshops were conducted in June and November of 201 (. The June workshop focused on gathering input on existing conditions, and the November workshop focused on the draft proposed facilities networks. The city a(so (aunched a social rnedia website "Engage Federal Way" that provided an interactive online `Town Hali Meeting" environment where citizens could share ideas and opinions about wa(king and biking, as well as comment on the draft proposed bicycle and pedestrian networks. Moving forward The master plan sets the stage for moving forward within the context of the overat( Comprehensive Plan Transportation Element. [t identifies strategies and resources that can be leveraged to realize the identified network improvements. Planning-level cost estimates are provided for the facility network improvements identified in the plan (Section 5). Prioritization criteria were developed that wi(l be used to rank the identified facility network improvements as they are moved from this p(an to line items in the city's Capital [mprovement Program (C[P) and Transportation Improvement Plan (T[P). Mu(ti- modal level of service analysis (MMLOS) was prepared for representative roadway typologies. This analysis wi(( help the city evaluate the relative leve( of improvement that might be expected from various faci(ity modifications; for exampte - adding a sidewalk section or bike lane to a specific roadway segment. Overall Goals The overall goals of the Bicyc(e and Pedestrian Master Plan will guide the city as it moves forward with plan implementation. A summary of the goals is provided be(ow: Bicycle and Pedestrian Network and Support Facilities — Develop a network that allows for safe and convenient movement throughout the city and to the regionai network. Safety, Security, and Equity - Provide safe connections between neighborhoods, business centers, parks and recreation facilities and schools, and consider the needs of all residents, especially those who do not have access to private vehicles. Transportation and Land Use — Consider adjacent land uses and their potential to generate walking and biking travel when determining where walking and cycling improvements are most needed. Education and Awareness — Open the lines of communication so that a(I users of the transportation network have improved awareness of the need to share the roadways and trails, and recognize and observe traffic safety laws. Maintenance and Operations — Ensure that biking and walking facilities are kept in good condition and work well for the intended users. Made possible by funding from the Depadment of Health and Human Senrices and Public Health - Seaftle & King County. 2 `��, . , . � DRAFT City of Federal Way Bicycle and Pedestrian Master Plan Background Why Update #he Plan? The Bicycle and Pedestrian Master Plan will update the current Non-motorized Modes section of the Transportation E(ement of the Federal Way Comprehensive Plan during the next annual comprehensive plan update process. The Non-motorized Modes section was (ast revised in 2003. Since then, there have been notable shifts in Federal, State and regional transportation po(icy related to the importance of supporting walking and biking or "active transportation" in the transportation network. While the importance of watking and biking has always been recognized in the City's Comprehensive Plan, transportation funding decisions are placing increased emphasis on inclusion of active transportation in proposed transportation improvement projects and programs. The Bicyc(e and Pedestrian Master Plan sets an important foundation to continue the city's success in securing transportation project and program funding. The Bicyc(e and Pedestrian Master Plan establishes an overview of the current status of walking and biking facilities, inctuding barriers and opportunities, and gauges citizen opinion about walking and biking preferences. The City of Federa( Way will be commencing work on a major comprehensive plan update beginning in 2012. The Bicycle and Pedestrian Master Plan will be further refined as part of this update process. [t will be incorporated into the Transportation Element with greater emphasis on prioritization of the identified network improvements, and incorporation of network improvements into short-term and (ong-term capital improvement p(ans. Federal Policy On March 11, 2010, the Federa( Department ofTransportation (DOT) passed the Policy Statement on Bicycle crnd Pedestrian Accommodation Regulations and Recommendations: The purpose of the policy statement is "... to reflect the Department's support for the deve(opment of fui(y integrated active transportation networks. The � estab(ishment of weli-connected wa(king and bicyc(ing networks is an important component for livable communities, and their design should be a part of Federal-aid project developments." This policy not only recognizes the importance of walking and biking facilities, it encourages transportation agencies to "go beyond the minimum requirements and proactively provide faci(ities that foster increased use by bicyclists and pedestrians". Further, the policy includes (anguage to the effect that the DOT Secretary can withhold approval of projects that would negatively impact bicyclists and pedestrians. The po(icy atso specifies that state and regional transportation agencies provide documentation of how specific transportation fund expenditures include investment in pedestrian walkways and bicycle transportation facilities. Made possible by funding from the Departmer►t of Health and Human Services and Public Health - Seattle & King County. ' �; � DRAFT City of Federa) Way Bicycle and Pedestrian Master Plan As many of the major transportation facility improvements in Federal Way include Federal funding, the development of an up-to-date bicycle and pedestrian master plan is an important tool for the city to position itse(f favorably in the competitive transportation- funding arena. Washington State Policy The Growth Management Act The Washington State Growth Management Act (GMA) governs most comprehensive planning activities in the state. The GMA requires that all cities and counties, withi� designated counties, develop and imp(ement comprehensive plans. These plans are required to include two elements that are particularly re(evant to bicycle and pedestrian planning; a Transportation E(ement and a Parks and Recreation Element. T'he Bicycle and Pedestrian Master P(an is consistent with both of these elements and overlaps with elements of the Parks and Recreation Element — specifically with regard to existing and proposed trail networks. One key requirement of the GMA is to establish transportation levels of service (LOS) and concurrency standards. Despite the best intentions of the GMA to promote iivab(e communities and encourage transportation alternatives, traditionat LOS measures based solely on motorized traf�ic can often contradict these goals. An example of how this can occur is when maintaining estab(ished LOS requires the addition of vehic(e (anes, leaving iess right-of-way available for bicycle or pedestrian facilities. However, local jurisdictions have the ability to determine what the local LOS standards look like. This means that jurisdictions can adopt multi-modal leve(s of service (MMLOS) that consider modes other than just vehicular travel. Many communities planning under the GMA are implementing or considering a MMLOS approach to their transportation planning. The Washing#on State Department of Transportation The Washington State Department of Transportation (WSDOT) manages state transportation facilities. The WSDOT deve(ops and imp(ements a variety of plans ranging from statewide system plans to specific corridor plans. Any proposed bike and pedestrian facilities that use state rights-of-way need to be planned consistent with state plans. In Federal Way, Pacific Highway South (SR99), SW Dash Point Road {SR509) Highway 18 (South 348` Street), and Enchanted Parkway (SR161) are state transportation facilities. Iri addition to the development of these specific corridors, the WSDOT also administers the Eederal Safe Routes to School program. Made possible by funding from the Department of Health and Human Services and Public Health - Seattle & King Counry. 4 ,��_ �C - ,.°' �- , .._ _.__,�.��: DRAFT City of Federal Way Bicycle and Pedestrian Master Plan Safe Routes to School The Safe Routes to School (SRTS) program provides technical assistance and helps fund improvements that encourage walking and biking to schoo( with an emphasis on safety. In Washington State, the program is funded with both state and federal monies. There are three elements to the Safe Routes to School program — engineering, education, and enforcement. The City of Eederal Way coordinates with Eederat Way Public Schools on app(ying for and implementing SRTS improvements for schoots within the city timits. The proposed pedestrian network improvements (Section 4) take into consideration the Federal Way School District's recommended school access routes. The Bicycle and Pedestrian Master P(an will reinforce ongoing efforts to improve conditions for walking and biking to and from school. Compiete Streets Legislation [n Ju(y 201 l, the Washington State Legislature passed the Complete Streets Bill (ESHB i 07l ). The Complete Streets Bill recognizes the importance of planning for main streets that provide safe access for all users and a(so protect and preserve a community's character. The bill specifies that a grant program be established to fund complete streets projects. Specific goals of the bilt include: irnproving health by increasing walking and biking; improving safety with wider sidewa(ks, street trees and bicycle lanes; protecting the environment and reducing congestion by providing alternatives to single occupant vehicle driving; and preserving community character by involving citizens in the transportation improvement process. Foilowing passage of this bill, the WSDOT is developing a proposed grant program to fund projects that meet criteria consistent with the bill. The purpose of the proposed grant program is to encourage street designs that inctude all users including bicyclists, pedestrians, motorists and public transit users. The grant program also places emphasis on the importance of complete streets retative to economic development, the importance of connecting housing and employment, and the importance of supporting infi(( development. To be eligible far the grant, a project must be located in a community that has adopted local Complete Streets legis(ation. As part of its CPPW grant program participation and in concert with the development of this plan, Eedera( Way is currently considering a loca( Complete Streets ordinance. Regional Policy There are two regional agencies with which the City of Federal Way coordinates: the Puget Sound Regional Council (PSRC) and King County. Made possibie by funding irom the Department of Health and Human Services and Public Health - Seattle & King County. i a : �-, �" � " = ,� DRAFT City of Federa) Way Bicycle and Pedestrian Master Plan Puget Sound Regionai Counci) The Puget Sound Regional Council (PSRC) serves as the region's Metropolitan Planning Organization (MPO) and Regional Transportation Planning Organization (RTPO). The PSRC has adopted VISION 2040 as the growth management, environmenta(, economic, and transportation vision for the central Puget Sound region. The Vision 2040 Transportation element's overarching goal is that "The region will have a safe, cleaner, integrated, sustainable, and highly efficient multimodat transportation system that supports the regional growth strategy and promotes economic and environmental vita(ity, and better public heatth." Similar to Eederal and State Policy, the regional transportation policy contained in Vision 2040 emphasizes the importance of increasing travel mode choice and context-sensitive design that supports and connects regional mixed use and business centers. The regional plan ca((s for increased investment in facilities and programs that support bicycle and pedestrian travel. Under the GMA, the PSRC must certify that city and county transportation elements are "consistent" with the regional plan. PSRC p(anning a(so guides the application of federa( and state transportation funding for projects within the region. The PSRC a(so has an active Regional Bicycle/Pedestrian Advisory Committee that focuses on implementing regional bicyc(e pedestrian implementation strategies contained in the Transportation element of Vision 2040. King County King County adopts countywide planning policies that Federal Way's Comprehensive Plan must be consistent with. King County has also has adopted Countywide Level of Service Framework Guiding Principles that encourage King County jurisdictions to adopt a mu(ti-modal LOS approach and specifically adopt a non-motorized component to their LOS standard. City of Federal Way Comprehensive Plan The Federal Way Comprehensive Plan (FWCP) defines Federal Way's strategy for managing future growth and physical development. The plan is updated consistent with the requirements of the GMA and the regional and countywide p(anning policies. Transportation Element The Bicycte and Pedestrian Master Plan will update the existing non-motorized section of the Transportation Element at the time that the comprehensive plan is next updated. The proposed bicycle and pedestrian facilities networks will be considered as projects in the updated Transportation Element and its component of the updated Capital Faciiities program. Made possible by funding from the Department of Health and Human Services and Public Health - Seattle & Kng County. 6 _., ..-. : �'> Y �: � DRAFT Ciry of Federa) Way Bicycle and Pedestrian Master Pian Parks and Recreation Element The Bicycle and Pedestrian Master Plan is consistent with the Parks and Recreation Element and includes the updated trail planning data as part of the overa(1 bicycle and pedestrian network. Plan implementation considers the potential to address goais of both the recreation component and transportation component to the trail system. CPPW Grant Program Communities Putting Prevention to Work (CPPW) is a national initiative to prevent chronic disease and promote health through policy, systems and environment changes. Public Health Seattle/King County was one of 55 sites throughout the United States awarded grant funding through the Centers for Disease Control & Prevention (CDC). The City of Federa( Way was awarded a CPPW HEAL (Healthy Eating Active Living) grant from Pub(ic Health Seattle/King County to deveiop a Bicy.c(e and Pedestrian Master P(an as part of a county-wide ef�ort to increase physical activity in King County cities. Along with the financial resources of the grant, the city had access to consultant assistance from the team of SvR Design Company and Alta Planning + Design. The consultant team analyzed Eederal Way's existing bicycle and pedestrian facilities, prepared recommended goals and objectives, a citywide bicyc(e and pedestrian network, prioritization criteria for selecting faci(ity improvement priority, and planning level cost estimates of identified network improvements. in addition to the assistance of the SvR/Atta consultant team, the CPPW grant also brought to Eederal Way the resources of the Cascade Bicycle Club. The Cascade Bicycle Club conducted two half-day workshops in Federal Way related to the development of the Bicycle and Pedestrian Master Plan. The first workshop (January l9, 20 t 1) was on the topic of Complete Streets. The second workshop (June 29, 20 L i) was on the topic of Multi-Modal Level of Service {MMLOS). Both of these workshops addressed the specific needs of pedestrians and bicyclists for safe and convenient access to the transportation network. Complete Streets are defined as roadways that are designed for users of all ages and abi(ities. Complete streets consider the needs of pedestrians, bicycle riders, and transit as well as automobiles and freight. As part of the complete streets workshop, city staff, e(ected officials and citizens conducted a"watking audit" exercise to examine some existing rights-of-way and observe what was and wasn't working for pedestrians and cyclists. Multi-Moda[ Level of Service - Related to the complete streets philosophy, is a relativety new approach to analyzing transportation level of service, (LOS), that addresses multiple modes or Muiti-Modal Level of Service, (MMLOS). Traditiona( LOS analyses address how roadways function from the standpoint of motorized travel. Multi-Modal Levei of Service ana(yses examine how roadways function from the standpoint of multipte users including bicycle and pedestrian travel. As part of the CPPW grant program a MMLOS Made possible by funding from the Depa�iment of Heaith and Human Senrices and Public Health - Seattle & King County. _ ri �, - � DRAFT City of Federal Way Bicycle and Pedestrian Master Plan analysis was prepared for a representative samp(e of Federal Way roadways and the findings are summarized in Chapter 3"Existing Conditions and Analysis". Made possible by funding irom the Department of Health and Human Services and Pu6iic Heaifh - Seattle & K'rng County. 8 r . . T�C� DRAFT City of Federal Way Bicycle and Pedestrian Master Plan 2. GOALS AND OBJECTIVES Overall goal Goal: Enhance community livability, health, and transportation by providing a connected system of pedestrian and bicycle ways that is integrated into a coordinated regional network (EXISTING TG4j. Objective: • Increase the number of trips made by 6icycling and walking in Federal Way Bicycle and Pedestrian Network and Support Facilities Goal: Develop a pedestrian and bicycle network that is accessible to all residents of Federal Way. Objectives: • Improve pedestrian and bicycle infrastructure connectivity and provide more pdaces to walk and cycle. • Build pedestrian and bicycle facilities on new roadways, and retrofit odder roadways to complete the system when feasible. • Complete missing links in pedestrian and bicycle infrastructure on existing street network as a prioriry measure. • Improve connections to transit for pedestrians and bicyclists. • Develop a bicycle network that supports a diversiry of cycling abilities and interests. • Encourage high-quality, flexible and secure bicycle parking at destinations. • Provide wayfinding tools for pedestrians and bicyclists. Safety, Security, and Equity Goal: Ensure that the pedestrian and bicycle system is safe and functional for all users. Objectives: • Improve facility safety through design, operations, maintenance and education. • Effectively en force laws that affect bicyclist and pedestrian safery. • Conduct outreach and education to increase safety and awareness for pedestrians, bicyclists and motorists. • Ensure that pedestrian and bicycle facilities are accessible to everyone in the community. Made possible by funding from the Department of Health and Human Services and PuWic Health - Seatt/e & Kng County. 9 _ - f–' _ __t–. __ _ __— --=�. _ _ : DRAFT City of Federa) Way Bicycle and Pedestrian Master Plan � Apply traffic calming techniques to address safety issues associated with vehicle speeds and volumes. Transportation and Land Use Goal: Create efficienr and convenient methods for pedestrians and bicyclists to travel to the places where they live, shop, work, and play. Objectives: • Connect the pedestrian and bicycle network to destinations such as City Center, commercial and business districts, parks, trails, schools, and recreation sites. • Require implementation of pedestrian and bicycle facilities as part of required frontage improvements associated with development. • Coordinate pathway projects with parks and open space agencies. • Develop "connector trails " to link destinations and facilities not easilv accessible on the existing street network. • The form, density and design of new commercial and business centers should support pedestrian and bicycle trlp-making. Education and Awareness Goal: Foster a community culture supportive of walking and biking as important modes of transportation and recreation. Objectives: • Support creative local walking and biking events • Develop programs that encourage people to shift from driving to walking and biking for short trips within the City. • Encourage walking and biking to community events. • Strengthen local walking and biking organizations. • Promote Federal Way as a walkable, bikeable, and accessible ciry. • Provide easily accessible information about the pedestrian and bicycle system. Made possible by funding from the DepaRment of Health and Human Seivices and Public Health - Seattle & King Counry. 10 °�-,_;::,� , T—� �.. �,i._; ;!.N � DRAFT City of Federal Way Bicycle and Pedestrian Master Plan Maintenance and Operations Goal: lmprove the bicycle and walking environment chrough enhanced traffic operations and maintenance Objectives: • Monitor bicycle and pedestrian facilities to ensure that sa, fety is not being degraded over time. • Update pedestrian and bicycle facilities where appropriate to incorporate best practices. • Manage tra�c control systems to better facilitate 6icycle and walking travel along strategic corridors. Made possible by funding from the Department of Health and Numan Senrices and Public Health - Seattle & King County. 11 _ - ,�,, : � DRAFT City of Federal Way Bicycle and Pedestrian Master Plan 3. EXISTING CONDITIONS AND ANALYSIS Federal Way's Current Bicycle and Pedestrian Network The City of Federal Way incotporated in 1990. The existing built environment is large(y characterized by conventional suburban style devetopment that took place in the decades of the 1960s through 1980s prior to incorporation. The suburban development pattern features separated land uses connected by an arterial roadway network with high volume and high-speed traffic. Residential neighborhoods were developed with a predominance of curvilinear streets and cul-de-sacs and (imited through-street connections. This development pattern results in cross-town trips, motorized and non-motorized, being funneled to the same high volume, high speed corridors. This lack of connectivity in the existing built roadway network is the key chal(enge in developing a safe and convenient network of bicycling and pedestrian faci(ities in Federal Way. Public Health Statistics According to King County public health data, adu(t residents of Eederal Way are more likely to be overweight or obese than the King County average. The foi(owing are the most recent statistics on overweight. ncc �;n��oU�c, �o.� /healthservicesJpartnzrshios/coo�v/l:curotileas�x Obesity Trends King County: 19.8% Eederai Way: 28.1 % Overweight King County: 54.4% Federal Way: 63.1 % [n examining health statistics related to the built environment on a national basis, there is a general correlation between the rates of overweight and obese population and the Made possible by funding from the DepaRment of Health and Human Services and Public Health - Seatfle & King County. 12 - . ; � � �`'''� Example of typical residential suburban-style development DRAFT City of Federa) Way Bicycle and Pedestrian Master Plan degree to which that population has safe and convenient access to pedestrian and bicycle facilities. [n other words, people who live in areas where they can safely and conveniently walk and bike to schoo(s, parks and retail centers tend to be less overweight than peop(e who five in areas where they do not have safe and convenient pedestrian and bicycle access and therefore make more trips in private automobiles. Improving conditions in Federal Way for biking and walking may have an overall benefit to residents' health as well as improving transportation choices, safety and mobiiity for citizens who do not have access to a car. EXISTING FACILITIES Existing Bicycle Facilities � Theee are currentiy approximately 27 miles of bicycle facilities in Federal Way. Existing faci(ities consist of the shared use Bonneville Power Administration (BPA) Trai( that runs northeast to southwest through the center of the city, and a mixture of bike lanes and wide shoulders. Where bike lanes exist, they often begin and end abruptly as they have been constructed in conjunction with transportation improvements that are completed on a segment-by-segment basis as funding is available. While legally bicyc(es are allowed on alt public rights-of-way, many if not most potential cyclists do not feel comfortab(e riding on high-volume, high-speed roadways. Existing Pedestrian Facilities There are currently approximately 247 miles of pedestrian facilities in Federal Way. Existing facilities consist of sidewa(ks, the BPA Ttrail, and recreational trails through existing park facilities. Most of the arterial roadways have sidewalk faci(ities. The city has code language requiring sidewalk facilities in most new developments. Therefore, areas of the city where development has taken place from the ( 990s to the present, have a fair(y comp(ete network of pedestrian facitities. However, pre-incorporation subdivisions have a genera( lack of sidewalk facilities. In general, there has been more public and private investment in pedestrian facilities than bicycle facilities in Federal Way, and the pedestrian network provides a greater level of connectivity to retail centers than the bicycie network. [t shou(d be noted however, that even with sidewalk faci(ities, many Federal Way residents do not find walking to retail centers a pleasant experience due to the high volume and high speeds of traffic on arterial corridors. Made pDSSible by funding from the Department of Health and Human Services and Public Health - Seattle & King County. l3 -, � ��' � DRAFT City of Federal �IVay Bicycle and Pedestrian Master Plan Clty Of Federal Way E� Pug�r Sound Map Date: Janwry. 2012 C9y of Federal VWay 33325 Bth Ave S Federal Way. 4Va. 98003 ;isting Bicycle Facilities �P�z��.�� tw► �w.caywreae�awa, Des Kent Moin� j �� s� z � s� a4 a s . a»-^� p °' n 't + 4 0 0 . � . . . � o ' S 2BOfh St m �,P � : Federal .- W � _ I..° 5 30�th St � ` S 71 l . S1Af ]201h St SW 320th St S 7 � St � S � % � p < � S 32<tl� St n � _ � n � � .. Nortq Pk� . SW Camo 5 ]36 c ° D. �0 � y� a .�i. .�� Tacoma �� i a Q " _, < a ,.. ` .. �� - 57181h5i � . ,. @ v N 4 � Q O , i 4 W 2 � c` Q o� 4 2 �s M '4 A �l O �'"1�Y . ry � �� 9� �o y � � q a � c R'� y r Legend fxisUny Bicycle FacUity Paved Traii O Fif@ � � Bike Lane / Wide Shoulder urr oF Federal Wa ° 0 . 5 , Y � Mlles ' ' ' 1P n Ex p Edgewood This map is intended fw use as a graphicai �epresentation. � The City of Federal Way makes N no wartanty as to its accuracy. Made possible by funding from the Depa�finent of Healih and Human Services and Public Health - Seattle & King County. 14 - � ORAFT City of Federal Way Bicycle and Pedestrian Master Plan - AAap Date: January. 2012 c�ty of ��orF�,�Y 33325 Sth Ave S Y Federal WaY. Wa. 98003 Federal Wa Existing Pedestrian Facilities (P)253-8357000 (NY) www.cdyoPoederalway.twn P(l�;C'l SOW7(� n�,,... str Des � Kent Moine� ; ,, l '� J `� = o ; . . . 9� ' i � .,y:a' o a 1 . � . ,. a. y.,.,.: .Z.-'.........i. :. . . .. . . £ �� 9 � � y y s ' f `Federal ,� M Q,;��R° ' Way . ; _ , � +'s aoam si �� O � N ; �� q Q � t ' Qy ' ��SW912thSt �•.;,. . _... � _. � O;� . �►s.�t. , ,. ._ , : SN' ., ". . . y - . . � : ... a .�.e , t � '.tSRa�}4�' . �- � iw ; � � .. �... ,v �� . . � � � ..y' + i �� 2. ��'2dth St n �� tll �- _ - .; N �� y . i `,', �,.. - �,..... _ ��e Pr� . � ` . � . , - � ;� , , ' . 4 . ..,<. _ �� `: ` `�� "� °>_. �. � � _ � - � � � �. N . : �. Tacoma �, 'a "'` " �, a � � < . , L _ � . . . �S.d44th SA ,_.. . _. � < , vs�.. . . s ;`i a4 o_ Q SW 3 .�St � . . W 2 � . ... ..... . . . y . ! (t� �,o , A ,�� 4 2 o � Q '�� y � I 4 7 � M � � °�} � tii7aY� ` ...i �41 ��r �"O $, � � . � ,r `�+� ° . �� R w �� Legend 9 iiton Paved Trails � Flf@ � _..°µ...._ Sidewalk Y �� ' �� 4 �D i� 0 Edgewood � arr oc ,.�. Federal Way ��Miles This map is intended for use as a graphical representation. The City of Federal Way makes no waRanty as to its accuracy. a� Made possiWe by funding from the Depadment of Health and Human Seivices and Public Health - Seatt/e & King County. i5 _ � DRAFT City of Federal Way Bicycle and Pedestrian Master Plan ANALYSIS OF EXISTING CONDiTIONS Anaiysis of existing walking and bicycling conditions in Eederal Way included the fol lowing: o Survey solicitation of Eedera( Way citizens' input on the experience of using existing pedestrian and bicyc(e facilities; o A windshield survey of the roadway network conditions; o An assessment of land use patterns and related indicators of potentiat for "active transportation" (walking and biking); o Coordination with Federal Way School District to provide additiona( pedestrian facilities along Safe Routes to School routes; o An evaluation of the avai(able right-of-way on primary corridors to determine whether bicycle facility improvements can be accommodated; and o An analysis of the existing mu(ti-modal level of service (MMLOS) for a sampling of Federal Way road segments and intersections. StreetPlan Analysis Consultants (Alta) used the StreetPlan analysis method to identify corridors in Federal Way with the greatest potential for striping bike lanes and buffered bike lanes. StreetPlan analysis does not evaluate other potentia( bikeway treatments such as shared lane markings, bicycle boulevards, or signed bike routes: Factors used in the analysis include: • Current roadway width • Raised or painted median • Number and width of travel lanes • Presence and number of turn lanes and medians • Location and utilization of on-street parking • Presence of roadway shoulder [n some cases, a bike lane retrofit is simple and only requires the painting of a bike lane in readily available roadway space. Other corridors may be more challenging and require a tradeoffto stripe bike lanes. The analysis is useful for assessing where projects can be completed easily and where adding bike lanes may be more difficuit. [n cases where tradeoffs are necessary, for example - narrowing or eliminating a travel lane or removing existing on-street parking - more detailed engineering analysis, public outreach and traffic impact studies would be warranted. City staffworked with Alta to select the corridors to be analyzed and provided data to run the analysis. The roadways analyzed were typically in excess of 80-feet wide and characterized by multiple motor vehicle lanes, posted speeds of 35 miles per hour or greater, and average daily vehicle trips exceeding 8,000 vehicles per day. Riding on this Made possible by funding from the Department of Health and Human Senrices and Public Health - Seattle & King County. 16 _ .- ,� � ------- --_ :�_��,e„� DRAFT City of Federal Way Bicycle and Pedestrian Master Plan type of roadway without a dedicated bicycle facility witl not be comfortable for the majority of cyc(ists. Options for improving user comfort along these corridors include a standard bicycle lane of 5 feet, or the greater separation from motor vehicle traffic afforded by a buffered bicycle lane. Figure 3.X Corridors Analyzed in StreetPlan Anaiysis Made possiWe by funding from the Depa�tment of Health and Human Services and Public Health - Seattle & King Counfy. l7 : - - � wa aPw =�:�- � � . u ,� � DRAFT City of Federai Way Bicycie and Pedestrian Master Plan The following minimum dimensions were used in the model and are based on existing City standards: • Trave( lane width: l t-( 2 Feet • Right turn lane width: l(-12 Feet • Left or Center turn lane width: 1( -12 Feet • Parking lane width: 7-8 Feet Potential StreetPlan Outcomes Ana(yis corridors were developed based on previous(y proposed facilities, public input, and staff input. In some instances, the StreetPlan model recommends muitiple possibie treatments for a given roadway segment. To determine the appropriate treatment, the modet organizes its recommendations in order of the most preferred facility type. The following are the specific treatment recommendations considered: Restripe Existing Outside Lanes —[n this option, enough surplus road space exists to simply add the bike lane stripes and stencils without impacting the number of lanes or configuration of the roadway. This is the easiest option to imptement. Reconfigure Travel Ganes and/or Parking Lanes —[n this option, bike lanes can be added by simply adjusting wide travel lanes or parking lanes within the established minimums presented above. No reduction in the number of travel lanes is needed. Imptement `4 to 3' Road Diet —[n this option, a reconfiguration of the existing travel lanes may be necessary. [n areas with two trave( lanes in either direction, it may make sense to remove two travel lanes and use this roadway width to stripe a center turn lane and two 5-foot bike lanes. This treatment may not be appropriate on roads with average daily trips (ADT) above 15,000. Add Pavement Width and Stripe Bike Lanes —[n this option, it is determined that additional right-of-way may be availabie along the corridor. Where no curbs exist a(ong the segment, it may be possible to pave a new roadway shoulder and stripe bike lanes. Bike Lanes Will Not Easily Fit —[n this (ast case, the existing roadway geometry will not allow for the addition of bike lanes. Either the selection of an alternative bike route or major reconstruction of the roadway may be necessary to provide continuity in the bikeway netu+ork. Analysis Outcomes Four scenarios were ana(yzed as follows: 1. 12-foot motor vehicle travel tanes and 5-foot bicycle lanes; 2. 12-foot motor vehicie travel tanes and 7-foot buffered bike lanes; 3. 11-foot motor vehicle travel lanes and 5-foot bicycle lanes; and 4. I 1-foot motor vehicle travel lanes and 7-foot buffered bicycle lanes. Made possible by funding from the DepaRment of Health and Human Services and Public Health - Seattle & King Counfy. 18 - _ - __ �c DRAFT City of Federa) Way Bicycle and Pedestrian Master Plan The analysis indicates that there are few opportunities to retrofit bicyc(e lanes in any of the four scenarios analyzed. However, in a(i scenarios some opportunities to incorporate bike lanes into the existing roadway were identified and these are summarized below: SR 509 — Sufficient undeveloped spaces exist within the SR 509 right-of-way to add additional pavement width to the shoutders. During public engagement this corridor, with connection to Dash Point State Park, was mentioned as a desirable connection. Wide shoulders already exist on portions of the corridor, which could be widened and then striped as bike lanes. 312`� Street Corridor — Sufficient space exists along most of the 312` Street corridor to retrofit bicycle lanes. This corridor was also identified through public engagement as a desirable east-west connection. Within the corridor, analysis indicates that bike tanes may be difficult to retrofit in severa( areas. However, visual inspection of the roadway indicates that existing roadway width is iikely sufficient in the area west of I Avenue to stripe bike tanes, though reconfiguration of the right turn pockets on the east and west legs of the intersection at I S` Avenue and 312` Street may be required. The portion of roadway bisected by SR 99 will need additional analysis to determine how bicycte lanes could be retrofitted. SR 99 South of 340` Street — Sufficient space exists to retrofit bike facilities on SR 99 south of 340`" Street. This roadway was not identified as a potential bikeway corridor during public engagement, but it serves as one of the few through routes in south Federai Way. [n many areas bicycles can travel on existing roadway shoulders, though narrow widths in some areas may create uncomfortable travel conditions. If shoulders are widened, this facility may become more comfortable for use by more cyclists. 356 Street Corridor — Existing 2-foot shouiders on S. 35b` Street provide a small amount of room for cyclists. It may be possibte to obtain additional roadway width from the two-way center turn lane, though careful consideration of intersection treatments would be necessary to ensure that an adequate level of roadway function is maintained. l Avenue S— There is potential to retrofit bike lanes on l�` Avenue S. This roadway was identified through public engagement as a desirable bicycling corridor. Existing shoulders could be striped and marked as bike lanes between SR 509 and 312` Street and space could be made for bicyclists south of 312' though a traffic analysis would be necessary to determine whether roadway function would be significantly impacted. Narrowing the raised median between 330�' and 344` streets wou(d be relatively simpte, although not inexpensive. Campus Drive Corridor and 320 Street — Bicycies can be accommodated within the road right-of-way via a separated, shared-use trail. This can be achieved by expanding the existing sidewalk, fil(ing gaps, and improving crossings. It should be noted that solutions like this should not be considered as a substitute for on-street facilities and many cyc(ists wiil continue to use the roadway. However, a shared-use trail may provide travel facilities that feel safer and more comfortable for cyclists that would otherwise not Made possible by funding from the Department of Health and Human Services and PuWic Healih - Seattle & King County. l9 -- ;, � -, ; ; � �l _. � DRAFT City of Federai Way Bicycle and Pedestrian Master Plan bike along these roadways - even if a bike lane could be accommodated. Key considerations for a shared use traii option include: • Providing a trail that is 12-14 feet wide for shared use • Providing safe bicyc(e and pedestrian crossing opportunities at roadway intersections • Providing adequate separation between the roadway and trail Figure 3.X — Example of StreetPlan Analysis Results Map Made possible by funding from the Department of Health and Human Sen�ices and Public Health - Seattle & King County. 20 : � � o.� s+rKwan n.wla - � �-roa,►�.�I t�s m,e f�oe su� �anes �:� - U�� ° � � � ��, ��.,:..: �, � DRAFT City of Federal Way Bicycle and Pedestrian Master Plan Muiti-Modal Level of Services (MMLOS) Analysis Until recently, transportation engineering and p(anning in the United States has focused primarily on the movement of automobiles. Roadways are typically designed for and evaluated based on their performance from the perspective of automobile drivers. Level of Service (LOS) is the accepted methodology for measuring the performance of roadways. Often times the roadways with the higher level of service ratings for vehicte travel do not work well for other roadway users. For exampie, improving the functionality of a street to better serve bicyclists and pedestrians may result in a lower vehicte (evel of service. Adopting a muitimodal LOS provides community benefits similar to adopting a Complete Streets policy. A Complete Streets policy recognizes the importance of considering all roadway users. Multimodal LOS provides for the analysis of the transportation network that helps communities make decisions based on how roadway configurations affect a(1 users. Resources were avaitable to analyze only a selection of street segments and intersections. Staffcoordinated with the consultants to identify representative street segments and intersections to get a basic assessment of how typical street segments and intersections configurations found in Federai Way function for bicycles and pedestrians. Links The street segments analyzed (exctusive of intersections) are (isted below: • 28th Av S from 304th to 317th • 8th Av S from 3 i2th to 321st • 26th Av SW from 320th to 332nd • S W 3 l2th St from Dash Point Road (509) to 1 st Av S • S 312th St S from ist Av to 14th Av • S 320th St from ist Ave S to Pac Hwy • 2 l st Av S W from 320th to 336th All segments were analyzed in both directions, with separate calculations made for links within the segment that vary in either demand, control or geometry. Inte�sections The intersections ana(yzed include: 312th Ave S at Pacific Hwy S S 320th Street at 1 st Ave S 8th Ave S W at S W 320th Street S W 334th Street at 21 st Ave S W Methodology � Link and intersection Leve(s of Service calculations were made separately for each mode, using Dowling Associates' Complete Streets LOS, version 3.0. The methodoiogy is described in detail in Appendix X, "Federal Way Multimodal Level of Service Data Made possible by funding from ihe Department of Health and Human Services and PuWic Heaith - Seattle & K►ng County. 21 -� � DRAFT City of Federal Way Bicycle and Pedestrian Master Plan Needs Memo." Multimodal Level of Service uses an A-F nomenclature tike traditional vehicle LOS. However, the anaiysis is different. tn Federal Way's adopted LOS, standard volume to capacity ratio is the primary factor, with free-flowing traffic being an A and severely congested being E. This approach isn't vatuable for active transportation. For example a sidewalk with one person walking might receive an A, under traditional LOS approach, but the experience of that pedestrian may be anything but an "A" experience. The current approach to MMLOS is more of a quality of service approach, focusing on the traveler's perception of how well a facility operates. Factors evaluated for roadway segments include: For Pedestrians: • Outside travei lane width • Bicycle lane/shoulder width • Buffer presence (e.g. on-street parking, street trees) � Sidewalk presence and width • Volume and speed of motor vehicle traffic in outside (ane • Pedestrian density For 8icyclists: • Vo(ume and speed of traffic in outside lane • Heavy vehicle percentage • Pavement condition • Bicycle lane presence • Bicyc(e lane, shoulder, and outside lane widths • Number of driveways • On-street parking presence and utilization • Results Citywide summaries of pedestrian and bicycle Level of Service are described in Figures 3.X and 3.X, respectively. A detailed accounting of the link and intersection level of service findings is provided in Appendix X. It is important to note that the intersection LOS symbo(ized on the figures reflects the crossing with the worst levet of service. The levels of service vary widely, but predictably throughout the City, where streets with high traffic volumes, higher traffic speeds and (ittle separation score relative(y poorly. Streets that score more highly typicalty have one or more of the foliowing features: • lower traf�ic volumes, separated facilities, or � physical barriers distancing auto traffic from non-motorized traffic. Although the percentage of heavy vehicies was held constant throughout the analysis Made possiWe by funding from the Department of Health and Human Senrices and PuWic Health - Seattle & King County. 22 t-� -- __==--�: DRAFT City of Federal Way Bicycle and Pedestrian Master Plan area, this factor influences bicycle tevel of service significant(y as we(l. Some specific observations about the methodology's application in Federal Way follow: • The pedestrian (ink LOS methodology is highty dependent upon separation, and therefore the lack of on-street parking in Federal Way serves to diminish pedestrian LOS. • The bicycle link LOS methodology is not sensitive to the benefit of on-street bike ianes versus shoulder lanes, when parking is iimited, because the calculations assume this space is available to the bicyclist. In the situation where a de-facto shoulder bikeway exists, width and quality of pavement drive the level of service. • Street segments with meaningful separation between the motor vehicles, bicyclists and pedestrians show the highest (evei of service on high volume streets. • Pedestrian and bicycle intersection LOS is sensitive to the number of turning movements that occur simultaneous to the green or wa(k interval on signalized intersections, and to the distance of the crossing. Bicycle LOS is additionally sensitive to lane width. Generally speaking, quality of service for both walking and bicycling modes at both links and intersections was positively correlated with separation, and inversety correlated with traffic speeds, traffic volumes, heavy vehicles, turning movements, street width, and pavement quality. Made possible by funding from the Department of Nealth and Human Services and Public Health - Seattle & King County. 23 �`i;'i=,'11 � Figure 3.X — Pedestrian Level of Service for Representative Corridors DRAFT City of Federal Way Bicycle and Pedestrian Master Plan Potential for Active Transportation Active Transportation incl�ides any method of Cravel that is human-powered, but most common(y refers to walking and bicycling. The potentia( for active transportation is typical(y measured by considering land use characteristics, density of development, and access to transit. A'`heat map" was created by al(ocating points using the criteria: school, live, work, shop, play, equity and transit. A summary of the variables used in the analysis is shown below: School — measured by proximity to pub(ic school or university Live — measured by popu(ation and age density per census block group. Density is defined by number of people in a census block group divided by the block's acreage. Points were assigned based on natural break intervals in the density data. Work — measured by emp(oyment density per census block. Density is defined by number of employees in a census block divided by the block's acreage. Points were assigned to the ranges of employment density based on natural break intervals in the data. Play — this category was divided into subcategories based on the type of data available: points of interest and areas (polygons) of interest. All features received points based on their perceived attractiveness and total acreage (polygons only). Once the features were identified and scored, concentric circles, referred to as "buffers", were drawn around each Made possible by funding from the Departmenf of Health and Human Se�vices and Public Health - Seattle & King County. 24 � � _- � Figure 3.X —[3icycle Le��el of Service for Representati��e Corridors DRAFT City of Federal Way Bicycle and Pedestrian Master Plan feature at increasing distances. Each distance will be assigned a vaiue and multiplied by the feature base score. o Points, such as museums, libraries and various tourist attractions, receive a base score depending on their perceived attractiveness. o Polygons, such as parks and commerciat corridors, receive a score based on total acreage. Eqt�ity — This category measured the number of househotds in a census b(ock group that have a total income that is 50% of the median income or less for an average household in King County — based on 2011 HUD calculations. Transit — given that ridership data was not available, the consultants assigned a base score to the following features with buffers to multiply that score, e.g.: o Bus service, relative number of lines served by each stop o Bus stops o Transit station Table: Buffer Distance Multipliers for transit and schools Buffer Distance 1/8 mi(e 1/4 mile 1/3 mile U2 mile 1 mile Score ( 0.8 0.6 0.4 0.2 "Enhonce the downtown co�e, mcrking it more pedestrion friend/y - with the abi/ity to wo/k from sto�e to store rother tfion drive" (workshop participant) '7 would like my neigl�borhood to hove good occess to the BPA troil': (survey participant) Made possiWe by funding from the Department of Health and Human Services and Public Health - Seaftle & King County. 25 r_= -- - ,-= ,L�_ d � DRAFT City of Federal Way Bicycle and Pedestrian Master Plan City of Federal Way Active Transportation Potential Map O�e: January. 2012 ��o�F�� 33325 8tl� Ave S Federal Way. UVa. 98003 (P1253-8357000 (1M www.pl�roRederalway.com Des Kent Moines� znnau : T � ,�,.�.�- Puget Sound "' ; "' �:; r t ,; R �o s � y . . . . .. . . ' a � � '. .!#, :. S 2881h St � � � ' ; > J�� '�`� .. . . . . � � �. ` � ,� ,,�+��`a� > , ral� � ._ ��="'� � t _ - . � ,� Q�� Way � �■ k. � �" - � � r " a S 0 . "�+� �,F: . �n� �t ��+'. . .�.. W. ': — <' I . Nor[hd ho'ePkwy d W m L �.. p� O I �� p � �.� w „'�f L�... ... � � 5 �� y �� r : � _�� . �� s� a � � Tacoma �. _ "��r -''. ' " ; � � � . z��'� . O M . .... .. . .. S� ` 4._ ' : ��oW1 S( . . . . W � � � t �� . ; a � c � � R o �* 4 � 2� :;,. ��f1O i.' : g �F-; ° 9_ � ��. � . �� . �111�t011 p Edgewood � atr oF Federal Way °��eS rnis map is incenaea for use as a graphical representation. � 7'he City of Federal Way makes N no waRanty as to its accuracy Made possibJe by funding from the DepaRment of Health and Human Services and Public Health - Seattle & King County. 26 - _" � � � � Fife � Law Pote�tial DRAFT City of Federal Way Bicycle and Pedestrian Master Plan The areas shown on the map on the previous page with the deepest and warmest color have the greatest potential for generating active transportation, while the areas with the deepest and coolest colors have the least potential. This map is useful in determining where investments in bicycling and pedestrian facilities will likely result in the greatest increase in active transportation in Eedera! Way. Areas that have the greatest potential for active transportation include the City Center and the Twin Lakes Commercial District Subarea and their surrounding areas. Additionalty, investment in bicycle and pedestrian faci(ities in these areas can support economic deve(opment by making these areas more attractive to pedestrians and bicyclists and complementary to mixed use infilt development. Public Input and Preferences Electronic Survey Eariy in the plan development process, an electronic survey was posted via the city website that asked Federal Way citizens to provide input on their walking and biking habits and preferences. This information was considered in the development of the proposed bicycle and pedestrian facility networks and a(so informed the development of goals and objectives. The following is a summary of some of the survey results. Distance of biking and walking trips: When trips are under one mile, Federat Way residents are much more (ikely to walk. Over 50 percent of survey respondents said they choose to watk if a trip is less than one mile, where the number goes down to about 5% if the trip is greater than one mile. People are more apt to bike than walk if a trip is between one and five miles. About 25 percent of respondents said they would e(ect to ride a bike for this length of trip, but when trips were less than one mile they would only choose to bike 25 percent of the time. However, once trips exceed one mile, most citizens wil( get in their car. How often do people typically watk or bike: People who walk in Federal Way in general will do so more frequently than those who bike. Only about 2% of respondents said they "never" walk, while 15% indicated they "never" ride a bike. Wa(kers were pretty evenly split between daily (25%), few times a week (30%), and few times a month (30%). Those who rode bikes were most apt to ride them a few times a week (25%), few times a month (20%) or few times a year (22%). Purpose of biking and walking: When asked why they walk and bike, most respondents indicated they did it for exercise (80% of walkers and 75% of cyc(ists). For wa(kers, the second highest response was for shopping or errands (35%). Eor cyclists, the second highest response was to get to work (35%). Ten percent of walkers said one reason they chose to walk was that it was cheaper than driving, while over 20% of cyclists said they chose their bike for this reason. Impediments to biking and watking: Staff was curious to know if there were conditions or issues that kept people from walking and biking more often. Eor cyclists, the most Made pos�ble by funding from the DepaRment of Health and Human Services and Public Health - Seattle & �ng County. 27 _° _ � DRAFT City of Federal Way Bicycfe and Pedestrian Master Plan selected condition was "lack of bike lanes" (over 60%) followed close(y by "lack of bike paths", "lack of bike routes", "vehicle volume and speed", '`behavior of motorists", and "safety concerns" (each around �0%). For pedestrians, the number one detractor was "routes are unpleasanf' (�0°/a), followed by "(ack of sidewalks" and "sidewalks in poor condition" (43% each), and `'crossings feel unsafe" and "weather" (35% each). In general, it seems that lack of facilities and/or their condition are the primary detractors for people walking and biking more. Bicycle and Pedestrian Advisory Committee A Bicycle and Pedestrian Advisory Committee was formed to assist staffand the consultant team with the deve(opment of draft goals and objectives, draft bicycle and pedestrian networks, and criteria to be used to prioritize projects represented by the proposed networks. The Committee consisted of 20 members with representatives from the City Council, Pianning Commission, Eederal Way Bicycle Patrol, School District, social service agencies, a local bicycle shop owner and interested citizens. The committee met 6 times during the plan devetopment period. All meetings were open to the public and were often attended by additional interested citizens. Public Workshop on Biking and Walking Preferences [n June 201 l, two public workshops were held where attendees were encouraged to share preferences on where and how they wou(d like to walk and bike in Federal Way. The workshop included the opportunity to participate in hands-on exercise where people drew on maps their preferred routes for walking and biking. 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" ; �i ..___�e ,.., •—�::=--�: :�..v I _... _.__ .._.._. . . .._. �a �M �t _ uR. ' __.____ . . . g Q+�a4. 1 scox.� ��,.�� _ .—..------ c �"'� ,, _ Composite Map of Citizen input on Preferred Bicycling and Walking Routes Made possible by funding from the Department of Health and Human Services and Public Health - Seattle & Kirrg County. 29 _ _ ._ � _J-�_: .. _. . . DRAFT City of Federal Way Bicycle and Pedestrian Master Plan Public Workshop on Proposed Biking and Walking Facilities In October, 201 l, a public workshop was held to solicit input on proposed bicyc(e and pedestrian networks and recommended facility types. [n generai, citizens were supportive of the proposed networks and liked the variety of facility types proposed. Some citizens expressed concern that the network improvements may be difficult to implement with limited capital resources. T'he importance of prioritization criteria was discussed with workshop participants as the proposed networks are a(ong-term vision and improvements represented in the proposed facility networks will be implemented incrementally over the long term. 'If there were more bike troi/s thQt were /onger in Federa/ WQY my fami/y wou/dria�e them (survey participant) Engage Federal Way Electronic Town Hal1 During the summer of 20 ( l, the City of Federal Way launched a social media website "Engage Eederal Way". The website functioned iike a virtuai town ha(1 meeting where participants could log in from their personal computers and share opinions and ideas about wa(king and biking in Federa( Way. The proposed faci(ity network maps were up(oaded to the website and additional comments were received. One distinct advantage of the Engage Eederal Way site was that participants could comment on each other's ideas and create a dialogue. Over 1,300 people visited the site while it was activated. � EN�AGE Federal Way � � � � YDUR ClTY, YOUR IOEAS. ,t � E�gageFederalWay.com � * an cn�r�e canve�sat,on svp+sorr�c try rne �M ot Fe�� ya� Was�+�«� Made possible by funding from the Department of Health and Human Services and PuWic Health - Seattle & King County. 30 - -- — � DRAFT City of Federa) Way Bicycle and Pedestrian Master Plan 4. PROPOSED FACILITY NETWORKS Federal Way's Proposed Bicycle and Pedestrian Networks The proposed bicycie and pedestrian networks were developed based upon a number of information sources. The existing bicycle and pedestrian facility maps contained in the Non-motorized section of the Transportation Element were the starting point. Faleral Way citizen and Advisory Committee member input was obtained to gauge generat preference for specific routes and facitity types. Then the technical anaiysis was conducted to evaluate the feasibility of adding new faci(ities to the identified network. The results are two faciliry maps, one for bicyc(e, and one for pedestrian facilities. Overall, approximately 66 miles of new bicycle facilities are proposed and 72 mites of new pedestrian facitities. The maps are coded to identify the different types of facilities of which each network is comprised. Photos and drawings that illustrate each of the facility types are also provided in this section. Future Improvements: Bicycle Facilities The proposed bicycle facilities consist of a variety of facility types that are dependent on the existing configuration and function of the city's roadways. Where possible, bike lanes are proposed, but these popular so(utions are limited in Federat Way where there are few cross-town connections and (ots of competition for pavement width with virtually all motor vehicle traffic being necessari(y funneied into these few corridors. The proposed bicycle network includes some creative solutions to achieving an overall connected network. Two new-to-Eederal Way facility types proposed in this plan are the "Bike Boutevard" and "Enhanced Shared Sidewalk". The bike boulevard concept is gaining interest in cities throughout the United States and has been used to great success in cities like Port(and, OR; Berkeley, CA; and Tucson, AZ. Bike boulevards are essentially designated (ow-volume (usually residential) streets that have been identified and optimized for bicycle travel. Bike boulevards can work well for riders of all skill levels and particularly for young riders. The implementation of bike boulevards can often be done with relative(y little expense through signage and pavement markings. Enhanced shared sidewalks are proposed for two primary east-west conidors, the 320`" Street, and Campus Drive/348�' Street corridors. These corridors serve the city's largest commercial retail centers and are surrounded by higher density residential neighborhoods. The chal(enge for both corridors is high speed and high volume vehicle traffic. The proposed solution is the development of enhanced shared sidewaiks, where sidewalks are widened and separated from vehicle traffic for use by both bicycles and pedestrians. This approach is a bit of a compromise as bicyclists and pedestrians sharing sidewalks can be tricky. Additionally, the facility must be designed with attention to vehicle crossings as they can pose a particutar hazard to bicyclists. Made possible by funding from the Department of Healih and Human Services and PuWic Nea/th - Seattle & King Counry. 31 _:. . -_ � DRAFT City of Federal Way Bicycle and Pedestrian Master Plan [t should be noted that in developing the proposed bicycle faci(ity network there are two key north-south corridors that do not have designated bicyc(e faci(ity improvements. Those two corridors are the Pacific Highway (SR99), and 21 Avenue corridors. Both of these corridors were identified by citizens as desirable routes for bicycle facilities. Unfortunately, when these corridors were anatyzed it became evident that there was not enough available right-of-way to accommodate bicycle facilities. In addition to the existing roadway geometry, both corridors carry high-volume, high-speed trat�ic. Major reconstructian of these corridors would be necessary to potentialty accommodate bicycle facilities and this likelihood is wetl beyond the planning horizon of this plan. The proposed bicycle network identifies routes to the east and west of these corridors through residential neighborhoods that should provide opportunity for connectivity with safer, more accessible riding conditions as a tradeoff for more direct routing. Future Improvements: Pedestrian Facilities Pedestrian faci(ities proposed are large(y new sidewa(k sections. The location of the proposed new sidewalk sections was (argely influenced by information the Federal Way Schoo( District maintains on recommended walking routes to elementary schools. During citizen engagement, many people commented on the desire to have more sidewalks in their neighborhood specifically related to access to neighborhood schools. Establishing safe and convenient walking routes enables more children to walk to schoo( which improves student health and potential(y saves the School District transportation costs where bus routes can sometimes be reduced when safety deficiencies are corrected. A more complete pedestrian network also can support Eederal Way's business centers. With better sidewalk connection, residents who live ciose to business centers may choose to make more trips by foot. Once a person gets in a car, it is easier to decide to drive far away for that cup of coffee or small errand. Making it easier and more p(easant to waik encourages more localized shopping decisions in a community and supports economic development. Made possible by funding from the DepaKment of Heallh and Human Services and Public Hea/th - Seattle & King County. 32 _ � DRAFT City of Federal Way Bicycle and Pedestrian Master Plan Clty Of Federai Way Planned Bicycle Facilities Des Moine , . , . `� �� .a . � � � . . . �� . � � y .. . . . . . . . . . � O � 3 � f �P O�e: January. 2012 ��, Cdy of Fe0ere1 Way '�. 33325 SM Ave S Faderat Way. Wa. 98003 (P1253-835�7000 (VV) MrNrw.�ay-crom Kent � g� � � . _ �� < {�$ ZBE16 $l .. eral rZ__ _ � � �d.. . y �� . . `� i Q o� . � . _ I � e ,...._ _. S WOSS r P�� r+oren,� o� p� v Tacoma � ,,. - � � 0 ^ Q ! Legend ; Planned Bieycle Facility Paved Traii i Bike Laoe &ke Boulevard Shared Lane Markings Enhanced Shared Sidewalk � _.,sw 3ssm sc z �; � 0 a M � 6 _ / °.a � O 4 Fife � CI7Y OF ;�� Federal Way °��;,� y c� Q�' q S 3�th St � �2/ St - N y Sf� � � ,y . -� j - ; V� r� ♦� �� ,�'. . �'� ^ a � ��'� t . _ y : � N � f� ,J Q' D � Mifton � 0 I This map is intended for use as a graphical representation. � The City of Federal Way makes N no wama�ty as to its accuracy. Made �ssiWe by funding from the Department of Health and Human Se�vices and Public Hea/th - Seattle & King County. 33 � � ��!�')!1'J I DRAFT City of Federal Way Bicycle and Pedestrian Master Plan Clty Of Federal Way �p oxe: �am,ary. zou Ciry of Federol Wey 33325 8Ih Ava S Proposed Pedestrian Facilities �P►° �'-� �� rvn,�,.«� � _� � � Des ; Kent ` � Moines� � . � � �� -� � � : � - � :�s� � s; . � , r � � �, �� ' � ?� g o a � � , . . . . . . . . p� r �� $ 280t9 St . . . . . � N� ��f� �,. > <. . Federdl . � „: . . . w.m ,. .. oint � YYa � � . g ' � r � Q . � �SJMMSt . � � . � . . � � . �.. y � :. .. . . . . Q p O.. �. . .$W31$lh$l .$�12tl1$f � SWDS`' P`. � . � . : _. �' . SW.J2M4 St ... .. SNf 3?DM St r . � S 9ZOtb St '�{ � � � . .�L m� �� „ .. . _ .. . . a e a � � s azun si -� ; i ry � � w %�_ L _ Nor�nayon Fk . . . � .. �� . . 96 . . � . -- � . . S ]36tA SN �p -. �b, � , �Y . �n ,�.a'i � . �� Tacoma �, r a ; : , a O = S] hSl� °� . L � xr £ y o a Q . SW 75ech 9r ' W 2 S A O o� a y c 4 ,�� e '� w '�a Legend � Proposed Trail Proposed Sidewaqc 2 d ; � � M � �, y -;,��g '�a'o aTr oc Federai Way O ` Fife 0 o.s , � Mtles N � � N N �4 r ti � Q� b _ � N I f 2 Q ,a 4 ,.. � :3 � MlitOn � �� ; � Edgewaod This map is intended for use as a graphical representatron. � The City of Federal UVay makes N no wartanty as to its accuracy. Made possible by funding from the De�artment oiHealth and Human Senrices and Public Health - Seatt/e & King Counry. 34 i::;��1�';'�1" � �� DRAFT City of Federal Way Bicycle and Pedestrian Master Plan Proposed Facility Types There are eight (8) different proposed pedestrian and bicycte facility types in this p(an. Seven of the proposed facility types are indicated on the ptan maps. The eighth, "Accessway" is not shown on the maps as this type of shared use facility is typically incorporated as part of a private land use development or through a cooperative neighborhood agreement for use of private property. When presented to citizens during public workshops, greatest preference was indicated for the shared use facilities, and designated bicycte lanes. Less preference was indicated for the shared lane markings and bicycle boulevards. [t wou(d seem that Federal Way citizens would prefer facilities separate from vehicles or else clearly designated pavement ar�a exclusively for bikes. However, since there are limited opportunities for designated bicycle tanes and separate shared use faciiities, bicycle bou(evards will likely prove to be a key element of a complete network in Federal Way. Bicycte boulevards are also not currently utilized in Federal Way, so citizens may be less familiar with and therefore indicated less preference for this facility type. "I ride under olmost ony conditions, but there are plenty of p/oces in Federol Woy where I think /ess udvanced riders would be reluctant. " (workshop participant) Examples of Proposed Pedestrian and Bicycle Facilities ��''�',,,, � �--� Bike Boulevard Low-volume and low-speed (typically residential) streets that have been optimized for bicycle travel. Bicycle Boulevard treatments can be applied at severa( different intensities. Made possible by funding from the Department of Health and Human Seivices and Public Health - Seattle & King Counry. 35 - , -- � _J -_. . � � � DRAFT City of Federal Way Bicycle and Pedestrian Master Plan M T�n Shared Use Path/Trail Shared-use paths can provide a desirable facility, particularly for novice riders, recreational trips, and cyclists of al( ski(( levels preferring separation from traf�ic. Shared-use paths should genera(ly provide new travel opportunities. Shared Lane Marking Also cal(ed "sharrows," shared lane markings are pavement markings used to indicate shared space for bicyclists and motorists on low volume streets that don't have room for bike lanes. , , r•• �� ,� ... .. Wide Shoulder Typically found in less-dense areas, shoulder zones are paved roadways with striped shoulders wide enough for pedestrian and bicycle travel. Made possible by funding from the Depadmenf of Health and Human Services and Public Health - Seattle & King County. 3b ;_� % _ ;-- � ,; LJ�J L�1 � n � � DRAFT City of Federal Way Bicycle and Pedestrian Master Plan Bike lane Marked space aiong a length of roadway designated with paint for the exclusive use by bicyclists. [f there is space available, some bike lanes can be buffered with a wider (a minimum 2ft) pavement marking. �' � Enhanced Shared Sidewalk Shared bicycle and pedestrian facility adjacent to, but separated from, the roadway. Designed to function similar to a shared use path. Sidewalk Infill/Repair Completing sidewalk gaps greatty improves pedestrian connectivity by providing a continuous, barrier- free walkway easily accessible for a(1 users. provide direct routes between residential areas, retail and office areas Made possible by funding from the Depadment of Health and Human Services and Public Health - Seattle & King County. 37 _-_. __ .. _ __- � Attessway Simple connectors DRAFT City of Federal Way Bicycie and Pedestrian Master Plan 5. MOVING FORWARD - NEXT STEPS lmplementing the Proposed Bicycie and Pedestrian Plan Nefin►ork The Bicycle and Pedestrian Master Plan estab(ishes an overall vision for a connected networic of bicycle and pedestrian facilities throughout Federa( Way. The resources necessary to implement this vision are well beyond what is immediately availab(e to the city. Therefore, moving forward with development of the network will require further review and possibly some difficult decisians in establishing priorities for the near term. This chapter contains information and analysis tools that wiil be utilized in the Comprehensive Plan, Transportation Element update to commence in 2012. One of the key outcomes of this update process will be an updated Transportation Improvement Program {TIP). The updated TIP will take into consideration the identified bicycle and pedestrian facility improvement recommendations in this plan and evaluate them within the context of overall transportation facility improvement needs and goals. Planning Level Cost Estimates Consultants (SvR) prepared planning level cost estimates for the bicycle and pedestrian facilities proposed in this p(an. Planning leve( cost estimates are general in nature and are usefu( for determining the re(ative scale of investment that will be necessary to impler�►ent all of the identified faci(ities. The planning level cost estimates do not take into consideration all the unique physical characteristics of each roadway segment. The planning level cost estimates also do not account for possibie economies of sca(e that may be achieved by combining a bicycle or pedestrian improvement with another required improvement - for example a roadway reconfiguration related to a develoQment proposal or utility improvement. The following 20l t planning level estimate of probable costs was deve(oped: • Planning Level Cost Estimate for Sidewalk Neiwork • Pianning Level Cost Estimate for Proposed Trails • Planning Leve( Cost Estimate for Bicycle Network • Pianning Level Cost Estimate for Pedestrian and Bicycle Crossing Improvements GIS shapefites developed for the proposed bicycle and pedestrian network maps were used to identify the length and location of the improvements. Unit costs were applied per linear foot (LF) of the corridor to be improved and per each for intersection signal improvements. A 30% design contingency was applied to each ur►it cost. Additiona((y, if a project was located within 50 feet of a wet(and area (as identified by GIS) an additiona( 25% contingency was added to account for increased costs for potential permitting and mitigation required for work in or near a sensitive area. P(ease note that the cost estimates do not include soft costs or costs for rights-of-way (ROW) acquisition or easements. Project segment costs shown in Appendix X have been rounded to the nearest thousand dotlars. Made possiWe by funding from the Department of Health and Human Services and Public Health - Seattle & King County. 38 = - � - r� �._ -- ----- -----... _ DRAFT City of Federal Way Bicycle and Pedestrian Master Plan 2011 Ptanning Levet Cost Estimates Summary Sidewa(k 1�letwork: Trail Network: Bicycle Network: Crossing Modifications: $62 Mitlion for facilities on 61 miles roadway (approx 320,000 linear feet) $21 Million for facitities on 16 miles (87,000 linear feet) $57 Milliou for facilities on 71 miles of roadway (374,000 tinear feet) $4 Miltion for modifications at 21 intersections atong 320`� and 348` Drive Please see Figure 5. l, "Proposed Bicycle and Pedestrian Facilities Map" on the following page for locations of the proposed bicyc(e and pedestrian facilities. Made pos�We by funding h+om the Depa�tment of Health and Human Services and Public Health - Seatile & lGng Counfy. 39 � DRAFT City of Federal Way Bicyc(e and Pedestrian Master Plan This map is not to scale. Made possible by funding from the DepaRmenf of Healih and !-luman Se�vices and Public Health - SeaK/e & Kng County. 40 _- ---- � � Figure 1. City of Federal Way - Proposed Bicycie and Pedestrian Facilities DRAFT City of Federai Way Bicycle and Pedestrian Master Plan Prioritization Criteria As can be seen in the previous section, the total estimated cost of all identified network improvements is great. [t would be unrealistic to expect that al( of the improvements will be implemented in the near term. Therefore, it is important to establish a strategy for moving forward. How wil( we determine which projects to address in the near term? What if there are multiple projects that might meet grant funding criteria, but on(y one can be funded? How do we choose? To assist city staff, elected of�icia(s, and citizens in making potentially difficult near-term decisions, our consultant team of SvR and Alta proposed the development of prioritization criteria specific to bicycle and pedestrian facilities. The following tabies show the recommended prioritization criteria. These criteria have a iot in common with the "Potential for Active Transportation" map shown in Section 3. [n implementing the prioritization criteria, the city can eiect to weight certain criteria more heavily than others. These criteria wil( be applied to the proposed network facilities as part of the Transportation Element and TIP update. The "Priority Route" selection criteria shown on the fol(owing page would be applied to both pedestrian and bicycle facilities to assist in determining the routes with the most need and/or potential benefit of faci(ity improvement. On the following pages are criteria proposed to analyze pedestrian and bicycle routes specifically for their comparative benefit/need for improvement. Made pos�ble by funding from the Department of Health and Human Services and Pubiic Health - Seattle & King County. 41 �,,, - -- � _, _. _.�; DRAFT City of Federal Way Bicycle and Pedestrian Master Plan Priority Route Selection Criteria Suitable for bicycling/ walking without improvements Speed Limit and AD7 Closes critical gap Provides/enhances Safe Route to School connection Serves immediate safety need Serves key origins and destinations Geographic Distribution Right- of-Way Available and/or suitable Interface with other transportation modes Connection to existing pedestrian o� bicycie facility Proximity to schools High exposure to freight and transit, poor record of crashes Proximiry to origins and destinations Provides connection where few exist and/or in area with known income or health disparities Public ownership and width Proximity to transit stops/stations Made possi6le by funding from the Department of Health and Human Services and Public Health - Seattle & Kng County. 42 � DRAFT City of Federal Way Bicycle and Pedestrian Master Plan Example Pedestrian Prioritization Criteria Proximity to Grocery Stores Proximity to Parks Alta (from City GIS data) La�d use integration; synergy with Safe Routes to School; integration with food access land use integration; synergy with Safe Routes to School work; integratior� with parks & open spaces investments Land use integration; synergy with Safe Routes to School work Examples: City Hall, Community Center, libraries. land use integration, focus on facilities that generate high use Increase mode share by serving more residents (cost-benefit) Alta (from City GIS data) Proximity to Schools Alta (from City GIS data) Proximity to public Alta (from City GIS data) facilities Number of Users Alta (from Census and City 61S (Employment Densiryj data) Number of Users Alta (from Census and City GIS (Population Oensity) data) Proximity to Transit Alta (from City GIS data) Gap Identified in Existing Conditions Alta (Gaps Analysis) Connection to Existing Shared-Use Path Alta (GIS/manual review) lncrease mode share by serving more residents (cost-bene�t) Nexus with multimodal transportation Fill in existing gaps; create safer and more usable network; remove barriers to use Fitl in existing gaps; create safer and more usable �etwork; remove barriers to use Collision locations GIS review of city compiled data Improves safety Community Input City Respond to communiCy needs and concerns Feasibility City Prioritize projects based on environmental, political, and design feasibility. Made possible by funding from the Oepa�tment of Health and Human Services and Public Health - Seattle & Kng Counry. 43 �- - � ,_._, .. _��: . — - - —__ DRAFT City of Federal Way Bicycle and Pedestrian Master Pian Example Bicycle Prioritization Criteria .. . • . Proximity to Grocery Land use integration; synergy with Safe Stores Alta (from City G1S data) Routes to School; integration with food access Proximity to Parks Alta (from City GIS data) Land use integration; synergy with 5afe Routes to School work; integration with parks & open spaces investments Proximity to Schools Proximity to Public Facilities Proximity to Transit Alta (from City GIS data) Alta (from City GIS data) A1ta (from City GIS data) Land use integration; synergy with Safe Routes to School work Examples: City Hall, Community Center, libraries. Land use integration, focus on facilities that generate high use Nexus with multimodal transportation Number of Users Alta (from Census and City GIS increase mode share by serving more (Employment Density) data) residents {cost-benefit) Number of Users Alta (from Census and City GIS Increase mode share by serving more (Population Density) data) residents (cost-benefit) Alta (coded by facility type - Increase mode sha�e by attracting new users, Range of User Types assumes detailed network gives extra points for separated family development) friendly facilities Gap ldentified in Existing Conditions Connection to Existing Shared-Use Path Collison locations. Community Input Feasibility Alta (Gaps Analysis) Alta (GIS/manual review) GIS review of city compiled data Improves safety City City Fill in existing gaps; create safer and more usable network; remove barriers to use Fi11 in existing gaps; create safer and more usable network; remove barriers to use Respond to community needs and concerns Prioritize projects based on environmental, political, and design feasibiiity. Made possible by funding from the Department of Health and Human Senrices and Public Health - Seattle &. Ki�g County. 44 _ � DRAFT City of Federal Way Bicycle and Pedestrian Master Plan [t is important to recognize that in applying the prioritization criteria, there may be projects that could jump to the head of the line for implementation where circumstances warrant. For example, sometimes there are associated improvements to a roadway segment that resuit in an immediate opportunity to implement a bicycte or pedestrian improvement that must be acted on. There may also be unforeseen funding opportunities for a specific project that was not ranked high priority. These opportunities should not be turned away simpty due to the appiication of prioritization criteria. The real benefit of app(ying the criteria is in ranking similar projects that all are competing for limited capita( resources. Potential Funding Mechanisms The City of Eederal Way's transportation funding needs for pedestrian and bicycte facilities can be met through a variety of funding mechanisms at the local, state and federal leve(s. Existing City of Federal Way Funding Mechanisms Transportation Improvement Program (TIP) - The City of Federal Way Transportation [mprovement Program (TIP) is a list of projects considered for a six-year period. Updated and adopted by the City Council and submitted to the state each year, as required by law, the TIP includes both projects for which money has been allocated and are likely to be constructed within the six-year period, as well as unfunded projects that may not be constructed within the plan period. The T'[P serves as a draft work plan for the development of loca( transportation systems. [t represents an important planning component under the state's Growth Management Act. [n most instances, projects must be included in the city's T[P to be eligible for state and federal grants funding. [nformation about the current T[P can be found on the City of Federal Way website at: http://www.cityoffederalway.com/index.aspx?nid=180 Traffic Impact Fees - Effective July l, 2010, the City of Federal Way assesses a set fee on new development as part of a Traffic Impact Fee Program (TIF) (Ordinance 09-627). Traffic impact fees are designed to pay for capital improvements that are needed to serve new development. Traffic impact fees are co(lected to improve the transportation system to accommodate the higher travel demand created by new development within the City limits of Federal Way. This fee has rep(aced the existing SEPA pro-rata system. The Revised Code of Washington (RC W 82.02.050) defines traffic impact fee programs as intended to: ensure that adequate facilities are available to serve new growth; establish standards by which new growth and development pay a proportionate share of the cost of new facilities needed to serve new growth and development; and ensure that impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees or duplicative fees for the same impact. Made possiWe by fundi�g from the Department of Health and Human Services and Public Hea/th - Seattle & King Counry. 45 i` `'- - � ; �. : . � ' : —_- --- --- - DRAFT City of Federal Way Bicycle and Pedestrian Master Plan Transportation Improvement Board - The Washington State Legislature created the Transportation [mprovement Board (TIB) to foster state investment in quality (ocal transportation projects. TIB is an independent state agency that distributes and manages street construction and maintenance grants to 320 cities and urban counties throughout Washington State. The funding for TIB's grant programs come from revenue generated by three cents of the statewide gas tax. Federal Way has been very successful in receiving TIB grants in the past. Potential New Funding Mechanisms [n addition to the City's possible funding mechanisms, State, non-profit and federal partners have a number of potential funding opportunities that may be used by the City of Federal Way to leverage other investments and make resources go further. These programs include such diverse sources as State and federal Safe Routes to School programs, federal Community Action Grants, and RE[ Bicycle Friendly Communities Grants. �t should be noted that, typicaily, these grants are restricted to arteriai streets. Additionally, since the right-of-way also serves as a critical component of a city's stormwater management and conveyance infrastructure, utility grant programs also offer a cost offsetting opportunity. Eor example, the Washington State Department of Ecology Stormwater Grants can be used to implement low impact deveiopment features which can inc(ude streetside planting in bioretention areas and porous pavement applications for sidewalks � On August 21, 2007, the voters of King County approved Proposition 2, the Parks Expansion L,evy, a new $0.05, six-year, inflation-adjusted property tax lid lift to expand park and recreation opportunities. One cent of the five-cent levy proceeds is to be distributed to cities in King County for specific purposes. The city may be abte to use a portion of these funds for park-related trail construction. Proposed Measurement Tools Measurement tools were proposed by our consultant team in conjunction with the devefopment of draft Goals and Objectives (Section 2). For each goal, measurement tools are identified that the city can utilize to measure progress against the goals and objectives as we(1 as the identified facility improvements. Measurement tools are va(uable for both accountability and noting achievements a(ong the way to plan implementation. Some of the following measurement tools will be fairly easy for the city to implement. Examples of these are data gathering on physical conditions that the city already maintains. Some wi(1 be more difficult. Of the recommended measurement tools, those listed under "Education" are the most difficult given limited staffresources. However, this category is important to citizens of Eederai Way, as the need for education about Made possible by funding from the Department of Health and Human Services and PubJic Health - Seattle & King County. 46 � ��-_ -.�: : _ _ . - - --- -- _ _--- DRAFT City of Federai Way Bicycle and Pedestrian Master Plan safety and sharing the roadways came up repeatedly in survey, public workshop, and advisory committee discussions. Overali Goa) Measured by: • [ncreased mode share •[ncreased numbers in pedestrian and/or bicycle counts Network Facilities Development Measured by: • Total percentage of roadways that have designated pedestrian facilities. • Total number of miles of bike network designed using best practices that include bike lanes, off street paths, and family friendly bike ways on low traffic vo[ume streets. • Totat mi(es ofoffstreet trai(s and paths. • Total number of businesses, schools, public buildings, and parks that have bicycle parking. . Safety, Security and Equity Measured by: • Reduction in the number and severity of reported crashes. • Perception of safety among residents and system users. • Percentage of accessible intersections with ADA compliant facilities. Transportation and land Use Measured by: • Percentage of intersections with curb ramps and completed sidewalks within a ha(f-mile of transit centers, schools, parks and downtown. • Percentage of roadways with bikeways within one mile of transit centers, schools, parks and downtown. • Number of projects that support pedestrians and bicylcists. Education and Awareness Measured by: • Number of education opportunities in Federal Way. • Participation in education and encouragement programs. Made possiWe by funding from the Department of Health and Human Services and Publlc Heatth - Seattle & King County. 47 '-- - -_ � DRAFT City of Federa) Way Bicycle and Pedestrian Master P1an Maintenance and Operations Measured by: • Percentage of bikeways and pedestrian facilities that are in good repair. • Percentage of bikeways and pedestrian facilities that meet best practices. Made possib/e by funding from the Department of Health and Human Services and Public Health - Seattle & IGng County. 48 �_ - = � � C17Y dF Federal INay PLANNING COMMISSION STAFF REPOR'� DATE: January 25, 2012 TO: Chair Merle Pfeifer and Members of the City of Federai Way Planning Commission FROM Janet Shul(, AICP, Senior Planner Patrick Doherly, Director of Community and Economic Development SUB.iECT: Adoption of Proposed Bicycle and Pedestrian Master Plan F[LE: 11-105067-00-UP, 11-105069-SE MEET[NG DATE February 1 , 2012 I. REASON FOR AMENDMENT The proposed Bicycle and Pedestrian Master Plan will serve as an update to the Transporta.tion Element of the Federal Way Comprehensive Plan. Specifically, the Bicycle and Pedestrian Master Plan will update the existing Non-motorized section of the Transportation Element. The Non-motorized section of the Transportation Element was last updated in 2003. Since that time, there have been shifts in Federal, State, and regional policy that place increased emphasis on the public health and economic development benefits of improved access and safety for pedestrians and bicyclists in local communities. Related to these policy shifts, are progranunatic shifts that are guiding additional transportation funding resources to bicycle and pedestrian facility improvements. II . BACKGROUND The City of Federal Way received funding from Public Health Seattle-King County through the CPPW (Communities Putting Prevention to Work) program in the spring of 2010. This grant funded the development of the Bicycle and Pedestrian Master Plan, a Subarea Plan for the Twin Lakes Commercial District, and assistance with policy development to increase access to healthy food in Federal Way. The grant helped fund staff resources as well as provided access to the resources of transportation consultants as well as the resources from non-profit bicycle organizations and the University of Washington. One of the objectives of the CPPW grant program is to support increased opportunities for physical activity and recreation through policy, systems and environmental changes. The proposed Bicycle and Pedestrian Master Plan provides updated information on the existing bicycle and pedestrian facilities and analyzes opportunities to add facilities to expand the network, improve safety, and improve connectivity between neighborhoods and business centers, recreation and schools. The proposed Bicycle and Pedestrian Master Plan was developed over an 18-month period with public input in the form of electronic survey, public open house-style workshops, and advisory committee meetings. In addition, the city established a social media website called "Engage Federal Way" that functioned as a virtual town hall meeting that received over 1,300 unique visits during the 6 months it was active. III. OVERVIEW OF THE PROPOSED BICYCLE AND PEDESTRIAN MASTER PLAN The proposed Bicycle and Pedestrian Master Plan consists of five sections. 1. Introduction and Background 2. Goals and Objectives 3. Existing Conditions and Analysis 4. Proposed Facility Networks 5. Moving Forward — Next Steps The plan summarizes the context (Federal, State, regional) within which the planning and development of bicycle and pedestrian facilities takes place. It highlights recent transportation policy shifts that are placing increased emphasis on bicycle and pedestrian facility development. The plan development process including public participation is presented along with a summary of public input received. Technical analysis of the transportation network includes an analysis of the primary corridors for their ability to accommodate bicycle and pedestrian improvements. A selection of corridors is analyzed as to its existing level of service for pedestrians and bicyclists. Proposed locations for new bicycle and pedestrian facilities are presented in Section 4. Section 5 outlines next steps for incorporating the proposed facilities into the overall Comprehensive Plan Capital Improvement Program (CIP) and Transportation Improvement Plan (TIP) and moving toward implementation of the plan. IV. REASON FOR PLANNING COMMISSION ACTION Federal Way Revised Code (FWRC) Chapter 19.80, "Council Rezones." estab(ishes a process and criteria for comprehensive plan amendments. Consistent with Process VI review, the rote ofithe Planning Commission is as follows: 1. To review and evaluate the requests for comprehensive plan amendments; 2. To determine whether the proposed comprehensive plan amendments meets the criteria provided by FWRC Sections19.80.140, 19.80.150, and 19.75.130(3); and 3. To forward a recommendation to the City Council regarding adoption of the proposed comprehensive plari amendments. V. DECISIONAL CRITER[A FWRC 19.80.150 provides criteria for comprehensive plan amendments. The following section ana(yzes the compliance of the proposed amendments with the criteria provided by FWRC 19.80.150. The city may amend the plan only if it finds that: 1. The proposed amendment bears a substantial relationship to public health, safety, or welfare. Bicycie and P�estrian Master Plan Page 2 Planning Commission Staff Report a. Staff Response — The proposed Bicyc(e and Pedestrian Master Plan bears a substantial relationship to the public health, safety, and welfare because it will resu(t in an improved network of walking bicycling facilities throughout the city that will enhance citizens abiiity to move about the city on foot and bicycie which provides greater opportunity for health, as well as safe travel throughout the city. 2. The proposed amendment is in the best interest of the residents of the city. a. Staff Response - T'he proposed Bicycle and Pedestrian Master Plan is in the best interest of the residents of the city because it will provide for better access to schools, parks, and business centers for those who choose to walk and bicycle; or rely on walking and bicycling to move about the city. Improved pedestrian and bicycle facilities also support the city's economic development efforts by providing residents better access to businesses near where they live. 3. The proposed amendment is consistent witt► the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendment. a. Staff Response - The proposed Bicycle and Pedestrian Master Plan is consistent with the requirements of Chapter 36.70A RCW and will be incorporated into the existing Transportation Element of the Comprehensive Plan to update the existing non-motorized section as part of the annual update process. The proposed Bicycle and Pedestrian Master Plan is consistent with the other portions of the city's adopted plan. , VI. STAFF RECOMMENDAT[ON Staff recommends that the proposed Bicycle and Pedestrian Master Plan shown in Exhibit A be recommended for approval to the City Council. VII. PLANNING COMM[SS[ON ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed Comprehensive Plan amendment: l. Recommend to City Council adoption of Bicycle Pedestrian Master Plan as proposed; 2. Modify the proposed Bicycle and Pedestrian Master Plan and recommend adoption to City Councii as modified; 3. Recommend to City Councii that the proposed Bicycle and Pedestrian Master Plan not be adopted; or 4. Forward the proposed Bicycle and Pedestrian Master Plan to City Council without a recommendation. VIII. ExH[siTs A. Draft Bicycle and Pedestrian Master Plan Bicyc(e and Pedestrian Master Pian Page 3 Planning Commission Staff Report CITY OF FEDERAL WAY PLANNiNG COMM(SS(ON Eebruary l, 2012 City Hall 7:00 p.m. Council Chambers MEET[NG MINUTES Commissionecs present: Merle Pfeifer, Tom Medhurst, Tim O'Neil, Lawson Bronson, and Sarady Long. Commissioners absent: Hope Elder and Wayne Carlson (both excused). Staff present: Planning Manager [saac Conlen, Principal Planner Margaret Clark, Senior Planner Janet Shuti, Associate Planner Matthew Herrera, Assistant Planner Becky Chapin, City `Craffic Engineer Rick Perez, and Administrative Assistant [[ Tina Piety. CALL TO ORDER Chair Pfeifer caited the meeting to order at 7:00 p.m_ APPROVAL OF MIIYUTES The minutes of December 7, 20l l, were approved as presented. AUD[ENCE COMMENT None ADM[N[STRAT[VE REPORT None COMM[SS[ON BUS[IVESS ELECT[ONS Commissioner Medhurst nominated current Chair Pfeifer to continue as chair. There were no other nominees. Chair Pfeifer was voted to continue as chair. Chair Pfeifer nominated Commissioner Medhurst as vice-chair. There were no other nominees. Commissioner Medhurst was voted in as vice-chair. PUBGiC HEAR[NG — Bicycle & Pedestrian Master Plan Senior Planner Shull and City Traffic Engineer Perez delivered the staff report. The proposed Bicycle and Pedestrian Master P(an will be a stand-alone planning document, as well as serve as a basis to update the non-motorized section of the Transportation E(ement of the Federal Way Comprehensive Plan at the time the annual update is done. One of the purposes of the pian is to improve the health of Federat Way citizens by increased access to safe and convenient bicycling and walking facilities_ Staff sought public input through a survey and a social media site (EngageFederal Way); the site received over 1000 hits and many left comments and discussions. In addition, staff recruited a 20 member advisory committeeto help develop goals and objectives and a proposed network. Finalty, staff sought technicat assistaace from SvR Design Company and Alta Planning + Design. � The overatt goal is to enhance commur�ity iivability, health, and transportation by providing a connected system of pedestrian and bicyc(e ways that is integrated into a coordinated regional network. There are five goa! categories: K:�Plao�ring Commissiai�3011�A4eaing Summary 02-OI-12.doc Planning Commissioa Minutes Page ? February l, 20i2 • Bicycle and Pedestrian Nehvork and Support Facilities — Develop a network that allows for safe and convenient movement throughout the city� and to the regionat network_ • Safeh�. Security, and Equih — Provide safe connections between neighborhoods, business centers, parks and recreation facilities, and schoo(s, and consider the needs of all residents, especiaiiy those who do not have access to private vehicles_ • Transportation and Land Use — Consider adjacent land uses and their potentia( to generate walking and biking travel when determining where watking and cycting improvements are most needed. • Education and Awareness — Open the (ines of communication so that ail users of the transportation network have improved awareness of the need to share the roadways and traiis, and recognize and observe traffic safety (aws. • Maintenance and Operations — Ensure that biking and walking facilities are kept in good condition and work welt for the intended users. Mr. Perez went over the existing condition of the city's bicycle and pedestrian facilities. He stated we have a network, but it is incomplete. The city has used Leve1 of Service (LOS) as the methodology for measuring the performance of roadways. �I'his methodology is based on perspective of automobile drivers. The Comp(ete Streets policy recognizes the importance of consideriag all roadway users; therefore, the ana(ysis method used in this p(an is a Multimoda( LOS (MMLOS) analysis is based on a(t roadway users (bikes, foot traffic, etc. )_ The plan proposes to add an additiona( 66 miles of bicycle facitities to the existing network. There wi(( be a variety of facility types added. Ivot all desired bike route corridors can be retrofitted to add dedicated bicycle facilities. T'he p(an proposes to add an additional 72 miles of pedestrian faci(ities to the existing network. They wi(i mostly consist of sidewalks in areas identified as designated safe wa(king routes to schools. The plan also proposes to incorporate new trait facilities_ This is a long-term plan — we will not be able to create this network overnight. The approximate cost (in today's dollars) for the entire proposed network is $ I40 million_ The city must research what funding may be available. in addition, the city will utilize prioritization criteria to determine priority projects for inclusion in the Capital tmprovement Plan (CIP) and �I'ransportation Improvement P(an (TIP) as part of the formal comprehensive plan update process. Commissioner Long recused himself from voting because he is the Senior Transportation Planning Engineer for the City of Federal Way. He participated in the discussion. There was no public testimony. Commissioner Long asked if the plan takes safety improvements into account and whether safety improvements can be added without (owering the level-of-service. City Tra�c Engineer Perez responded that the plan does take safety improvements into account, especiaily in regards to turning vehicles at intersections. They have researched such issues as right-turn on red and omitting the flashing yellow when pedestrians are in the crosswalk. Commissioner Long asked if they researched allowing an exclusive pedestrian phase at a traffic signal just for pedestrians to cross in ali directions. City Traffic Engineer Perez responded that was considered. There would be tradeoffs. Such a system would increase the cycle length. [t woutd be difficu(t to enforce a no right-turn on red under such a system and it could lead to more rear-end collisions. Commissioner Medhurst asked of the proposed cost, how much is currentty funded. City Traffic Engineer Perez replied that the city currently spends approximately $8 million annually that could be used for design and constniction of all transportation faci(ities. 'Che city will appty for appropriate grants to help with funding. K:Wlaareag Canmission�2011�Meeting Summary 02A1-1'.da: Plannin� Commission Minutes Page 3 February l, 2012 Commissioner Bronson asked how effective is the right-turn on red? Does it add to the flow of traffic? City Traf#ic Engineer Perez responded that it is difficult to say for certain. Right-turn on red can cause conflicts with pedestrians, but there are likely to be more contlicts with right-turn on green oniy_ From the perspective of the driver, right-turn on red is a safer move. Commissioner Long asked what is the state taw regarding allowing bicyc(es on sidewa(ks_ City `fraffic Engineer Perez replied that the state leaves it to the city to decide and Eederai Way altows bicyctes on the sidewaik. Chair Pfeifer asked what is a reasonable timeline for these projects. City Traffic Engineer Perez responded that first they must be funded and that is very difficult under present circumstances. The state is collecting less revenue from the gas tax for road projects. The state is considering other ways of raising funds, but there is a lot of poiiticking that will take place before any new funding source is approved_ Commissioner Long commented that this plan does not appear to have any stand-alone bike projects. City T'raffic Engineer Perez replied that it is a mix of stand-alone and capital projects_ Commissioner Bronson moved (and it was secondec� to recommend approval of the proposed Bicycle and Pedestrian Master Pian as presented. There was no further discussion. T�he motion carried unanimously with one recused. The public hearing was ciosed. PUBLIC HEARING — Twin Lakes Commercial District Subarea Plan Associate Planner Herrera delivered the staff report. The proposed Twin Lakes Commercial District Subarea Pian provides a blueprint for the neighborhood's future growth, development, and redevelopment. The proposed plan wiil allow the city to be holistic in its approach to planning in the area, as opposed to piecemeal zoning code amendments. [f adopted, the proposed plan wiil become an element of the Federal Way Comprehensive Plan. [t is intended to be a"living document" that wi(I be changed if the vision, goals, and values of the community evolve with future generations. Staff sought pubtic input through a survey, pubiic workshops (that were weil attended and generated many ideas), and a social media site (EngageFederal Way); the site received over t000 hits and many ieft comments and discussions. Staf� sent out press �e{eases and mailed notices to businesses in the proposed subarea_ A stakeho(ders group of business, civic, and neighborhood representatives was created to advise staff. [n addition, staff sought technicai assistance from CPPW grant consultants SvR Design and Co((insWoerman. The overall vision of the proposed subarea is a neighborhood scaled commerce center that witl contain improvements that are unique, attractive, viable, accessible, safe, and prosperous. There witt be improved faci(ities for pedestrian, bicycle, and transit users, and opportunities for healthy food access. The proposed plan consists of four goai and policy sections: • Building & Site Design - Create an environment that is conducive to increasing foot traffic, supporting diversified economic development, and providing a safe, visually interesting and vibrant experience for visitors and residents of the subarea. • Economic Development & Redevelopment — Create strategies for developing new businesses using existing assets, and promote land use strategies that provide opportunities for entrepreneurship and focus on retaining local businesses. • Bicycle & Pedestrian Mobiliry - Enhance community livability, health, and transportation in the subarea by providing a connected system of pedestrian and bicyc(e ways that is integrated into the citywide and coordinated regional networks. • Healthy Ea�ing & Food Access - Encourage existing businesses to provide healthy food options and improve access to healthier food choices. Expand opportunities to grow, market, distribute, and consume locally grown food. K.�Plaani�g Commission�20i IV�tetting Summazy 02-07 -l2.doc Pianning Commission Minutes Page �1 February i, 20(2 City staff suggests using a form-based code to adiieve the visiori. This ''Form-Based Code" approach to community design will ensure development in the subarea provides arnenities that are attainabie and desired locally. Designing a form-based code is an inteasive process and the city would need to have a group dedicated to designing it. A form-based code is a more iliustrative document that provides predictability. it shows potential developers up-front what a building would be expected to (ook like_ The meeting was opened for public comments. Lori De t�ore. Realtor, Federal Way Chamber of Commerce Board of Directors Chair — She thanked the staff and city for their work and the opportunity to comment on this issue. She feels the staff is open and responsive to the needs and wants of the community. She feels the proposed plan provides what people want and that it wil( beautify the subarea. The proposed plan wiH provide safe streets for bicyctes and pedestrians and will ease traffic issues. She is proud of having been a part of the development of this plan. Thom MacFarlane — He also thanked the staff for the process. The workshops were well attended and gen�rated a number of good ideas. He asked how this plan will occur. Atso, he had heard discussion at the workshops in regards to green design (specifically grey water), but nothing has been said this evening about incorporating green design. Sheryl Sanderson — She had attended the second workshop. One issue that concems her is calling the proposed subarea a destination location. She is concerned this wili lead to more peop(e and traffic. She is also concerned that mixed-use (specifically the mu(ti-residential aspect) wili lower home values. Pubiic comment was closed. Associate Planner Herrera responded to the issues raised. [n regards to how this plan witl occur, there wil( be a chance for additional public input during the City Counci( committee and Ciry Council meetings. Once adopted, implementation would be through the zoning code amendment process and additionat input wil! be sought during this stage_ [n regards to green design, �vhile he did not mention it, green design is part of the proposed plan. In regards to the proposed subarea becoming a destination Location, staff does not want to detract from the City Center being the city's main destination location. Any traffic increase that might occur due to any particu(ar project wou(d be mitigated as part of that project's (and use review. [n regards to mixed-use zoning, Associate Planner Herrera as not seen an� evidence that mixed-use zoning adversely affects property values. Commissioner Long asked if the proposed plan considers height increases_ Associate Pianner Herrera replied that it does not specify height increases. The plan identifies that mixed use deve(opment will require the need for a height greater than the 35-feet currentiy allowed_ Height increases would require a zoning code axnendment. Staffrecomr►3ends, with community guidance, a desired height somewhere between 35 and 65 feet. Commissioner O'Neii asked about many buildings and tand is vacant. Associate Planner Herrera responded he dces not have this information. Commissioner Medhurst asked if there are infitt opportunities. Associate Planner Herrera replied not much. Parking lots might be infilled, but the city would have to change the parking code. Currentty the number of parking stalts is based on the need for the day after Thanksgiving. One cou(d ask does the city realiy need to p(an to meet the need of one day. Commissioner Medhurst commented that on page 16 of the proposed p(an it taiks about exploring the use of zoning incentives. How wouid this work? Associate Planner Herrera stated that for example, the city could allow a building to increase their height if they include a roof-top garden, or a usable (with benches, etc.) plaza. Commissioner Long aslced if the public would be able to comment on any proposed projects. Associate Pianner Herrera commented that a number of the city's land use review process call for public comments. K:�Planning Commission12Q11�Meefi�g Summary 02-01-12.doc Planning Commission Minutes Pa�e � February l, 2012 Commissioner Bronson thanked the staff for their work and commented he supports the proposed p(an, but he is concerned with the name. This area is not T'win Lakes_ Associate Planner Herrera stated they heard the same complaint from the `fwin Lakes Homeowners Association. The city chose the name Twin Lakes because many businesses in the area have �I'win Lakes in their name (such as the T'win Lakes Post Office)_ At the request of the Twin Lakes HOA, staff attempted to differentiate the subarea from Twin Lakes proper by titling it the Twin Lakes Commercial District Subarea Ptan_ Staff did not hear much from anyone else regarding the use of Twin Lakes. There was additioaal discussion about form-based codes. Principat Planner Clark noted that the city would have to give direction for form-based codes to be used_ Commissioner Long moved (and it was secondec� to recommend approval of the proposed Twirt Lakes Commercial District Subarea Plan as presented. T'here was no further discussion. The motion carried unanimously. The public hearing was closed_ ADDIT[ONAL BUS[NESS The next Planning Commission meeting has been rescheduled to Eebruary 22, 2012, at 7:00 p.m. in the Hytebos Conference Room (located next to the Council Chambers). ADJOURN The meeting was adjourned at 9:00 p_m. K:1Plsnreng Commission120111Meding Summary 02A1-! 2 doc COUNCIL MEETING DATE: February 21, 2012 ITEM #:��` CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SuB.TEC'r: The applicant is seeking a modification to increase the scope of the clearing and grading limits of the approved preliminary plat of Norpoint Heights. POLICY QUESTION Should the City Council approve a modification to the Norpoint Heights preliminary plat application that increases the scope of the clearing and grading on the subject property? COMMITTEE Special City Council Meeting CATEGORY: ❑ Consent ❑ City Council Business � ■ Ordinance Resolution STAFF REPORT BY: Deb Barker Senior Planner MEETING DATE February 21 , 2012 ❑ Public Hearing ❑ Other DEP'r: Community & Economic Dev. Background: The preliminary plat application for the plat of Norpoint Heights was submitted on January 22, 2008, and was approved by the Federal Way City Council on April 6, 2010 under Resolution #10-580. Clearing and grading plans approved with the preliminary plat depicted limited clearing of the site. The applicant now wishes to modify the clearing and grading limits of the property and increase the scope of clearing and grading. The City Council conducted a special Council meeting on February 21, 2012, to review the modification request. Options Considered: 1. Approve the modification request to the Norpoint Heights Preliminary Plat and amend Resolution # 10-580; or 2. Reject the modification request to the Norpoint Heights Preliminary Plat and do not amend Resolution #10-580. MAYOR'S RECOMMENDATION Option #1, approve the modification request. MAYOR APPROVAL: DIItECTOR APPROVAL: ' CounEil Council PROPOSED COUNCII. MOTION: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DEIVIED l reading ❑ TABLED/DEFERRED/NO ACTION Enactment resding ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # Agenda Bill for Norpoint Hei�ts Preliminary Plat Modification Doc. I.D. 59859 File 11-104523-AD February 14, 2012 COUNCIL MEETING DATE: February 21, 2012 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPOINTMENT TO THE ARTS COMMISSION POLICY QUESTION: Should the City Council appointment a member to the Arts Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent � City Council Business �■ ■ Ordinance Resolution ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeill Ci Clerk DEPT: Human Resources �.......�_._...�...._..�._.....�..._..........._.__........_..._...�.,...____.._.,..._....___ _Y..z........_...�'.......�_.........._._.....---�-�--............_..____..........-----.....--�-�- ---......_....---.._.....�....,.._....---��.�_ - — Background: The Arts Commission is comprised of nine voting members that serve three-year terms. Currently there is one vacant voting position with an unexpired term of December 31, 2014 available for appointment. The City Clerk advertised the vacancy and received one application from Keith Livingston. The City Council will interview Mr. Livingston at a Special Meeting on February 21, 2012. Options Considered: 1. Appoint Keith Livingston to the Arts Commission as a voting member to fill the remainder of the unexpired term of December 31, 2014. 2. Direct staff to recruit for additional applicants. MAYOR'S RECOMMENDATION N/A MAYOR APPROVAL N/A `�� DII2ECTOR APPROVAL: N/A Committee Council Committee Council COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION "I move the following appointment to the Arts Commission... " (BELOW TO BE COMPLETED BY CITY 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/l2/2010 RESOLUTION # COUNCIL MEETING DATE: February 21, 2012 CITY OF FEDERAL WAY ITEM #: CITY COUNCIL AGENDA BILL SUBJECT: APPOINTMENTS TO THE DIVERSITY COMMISSION POLICY QUESTION Which applicants should Council appoint to the Diversity Commission? COMMITTEE N/A MEETING DATE N/A CATEGORY: ❑ Consent � City Council Business STAFF REPORT BY: Carol MCN ..�..._._.......---._....._.—._—.._.._._.._....� .............__.._..._ -- BACKGROUND: ❑ Ordinance ❑ Resolution Clerk ❑ Public Hearing ❑ Other DEPT: Human Resources The Diversity Commission is comprised of nine voting members who serve three-year terms. Currently there is one vacant voting position with an unexpired term of May 31, 2012 available for appointment. The City Clerk advertised the vacancy and received two applications: one from Trinity Jenkins, and one from Troy Smith a current alternate member. The City Council will interview Ms. Jenkins at a Special Meeting on February 21, 2012. In accordance with Council Rules of Procedure, the Council does not need to interview members already serving on a Commission and seeking re-appointment. Options Considered: l. Appoint Troy Smith to fill the reminder of an unexpired voting position with a term of May 31, 2012, and appoint Trinity Jenkins as an alternate member with a term expiring May 31, 2015. 2. Appoint Trinity Jenkins to fill the remainder of an unexpired voting position with a term of May 31, 2012. 2. Direct staff to re-advertise the vacancies. STAFF RECOMMENDATION N/A MAYORS APPROVAL N/A i7�� DIItECTOR APPROVAL: N/A Committee Co il Committee Council COMMITTEE RECOMMENDATION N/A PROPOSED COUNCIL MOTION "I move the following appointments to the Diversity Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED l reading ❑ TABLED/DEFERRED/NO AC'TION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # COUNCIL MEETING DATE: February 21, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: d _ SUBJECT: APPOINTMENT TO THE PARKS AND RECREATION COMMISSION POLICY QUESTION Which applicant should the City Council appoint to the Parks and Recreation Commission? COMMITTEE N/A CATEGORY: ❑ Consent � City Council Business � ■ Ordinance Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeill Ci Clerk DEPT: Human Resources Y� �_. .____.._......----......_...._---.....__ — Background: The Parks Commission is comprised of nine voting members and may have up to two alternates. Members serve three-year terms. There is one vacant alternate position available for appointment on the Commission. At a Special Meeting on February 21, 2012 the City Council interviewed Sun Youn Kim. Options Considered: 1. Appoint Sun Youn Kim as alternate member with a term expiring Apri130, 2015. 2. Direct staff to recruit additional applicants for the Parks and Recreation Commission. MAYOR APPROVAL: DIRECTOR APPROVAL: Council PROPOSED COUNCIL MOTION: "I move the following appointments to the Parks and Recreation Commission... " (BELOW TO BE COMPLETED BY CITY 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 # MAYOR'S RECOMMENDATION N/A COUNCIL MEETING DATE: __. _..._..__ _.... __..__ ITEM #:�_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUS.TECT: Twin Lakes Commercial District Subarea Plan POLICY QUESTION Should the City adopt the Twin C.akes Commercial District Subarea P(an and integrate the document as the eleventh element of the Federal Way Comprehensive Plan. COMM[TTEE Land Use/Transportation Committee (LUTC) ❑ Consent � Ordinance ❑ City Council Business ❑ Resolution STAFE REPORT BY: Matthew Herrera Associate Planner MEET[NG DATE February 13 , 2412 ❑ Public Hearing ❑ O t he r DEP'1': Community & Economic Development Attachments: (1) Draft ordinance with Exhibit A-Draft Twin Lakes Commercial District Subarea Plan; (2) Planning Commission staff report; and (3 ) Draft minutes of the February 1, 2012 Pianning Commission meeting; Background: The City accepted the Communities Putting Prevention to Work grant in 2010 with the purpose of integrating healthy eating and active living policies into city planning documents. Grant resources were utilized to prepare a subarea plan for the Neighborhood Business zone centered at the intersection at 21�` Avenue SW and SW 336�' StreedSW Campus Drive. T'hrough the community planning process, a Twin Lakes Commercial District Plan was prepared which inc(udes goals and policies related to building and site design, economic development and redeve(opment, bicycle and pedestrian mobi(ity, and healthy eating and food access. This document is intended to provide policy guidance for the 20-year comprehensive planning horizon. Options Considered: 1) Adopt the Mayor's recommendation as contained in the draft adoption ordinance; 2) adopt the Mayor's recommendation as modified by the LUTC; 3) do not adopt the Mayor's recommendation; or (4) refer the proposal back to the P(anning Commission for further proceedings. MAYOR'S RECOMMENDATION T'he Mayor recommends adoption of the proposed amendments as written in the draft ordinance � „ _ ,_ MAYOR APPROVAL: � I Q ` �yk�� .7! __ DIRECTOR APPROVAL: � .- � Commrttee COMM[TTEE RECOMMENDATION I move to forward the proposed ordinance to First Reading on February 21 2012. � � � �.. ,.- �./,�%�-t.�r..� Committee Chair ' Committee Member � Committee Member PROPOSED COUNCIL MOT[ON(S): � 1 READING OF ORDINANCE (FEBRUARY 21, 2012): " 1 move to fonvard approval of the ordinance to fhe March 6, 2012 Council Meeting for adoption. " 2 READ[NG OF ORDINAIYCE (MARCH 6, 2012): " I move approval of the proposed ordinance. " Continued on fo[lowing page (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIt ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) COUNC[L BILL # 1 readiag Enactmeotreading ORDINANCE # RESOLUTION # ..r.� - - -�� REV[SED - 08/12/2010 ORDINANCE NO. AN ORDINAI�ICE of the City of Federal Way, Washington, relating to amendments to the City's comprehensive plan aud the adoption of the 'Fwin Lakes Commercial District Subarea Plan. (Amending ordinance Nos. . 90-43, 95-248, 96-270, 9&330, 00-372, 01-405, 03-442, 04-460, 04- 461, 04-462, OS-490, OS-491, 05-492, 07-558, 09-614,10-671 and 11-683) WHEREAS, the Growth Management Act of 1990 as amended (Chapter 36.70A RCW or "GMA"), requires the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a land use map), housing element, capital facilities pian element, utilities element, economic development element, and transportation element (including transportation system map[s]); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with a land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998; September 14, 2000; November 1, 2001; Mazch 27, 2003; Juty 20, 2004; June 16, 2005; July 16, 2407; June 11, 2009; October 28, 2010; and January 27, 20i 1; and WHEREAS, the City may consider Plan and development regulation amendments pursuant to Process VI, under Title 19 (Zoning and Development Code) of the Federal Way Revised Code (FWRC), chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and WHEREAS, under RCW 36.70A.130, the Plan and development regulations are subject to continuing review and evaluation, but the Plan may be amended no more than one time per year with Ordinance No. 11- Page 1 of S Rev 1/10 CP � _ .�.. . � � � , e��: , _ : EXt� � � �� . + a i`... t � R �` r�� , PAGE._1�..�F � .. .�, limited exceptions such as the adoption of subarea plans; and WHEREAS, the City accepted the Communities Putting Prevention to Work grant administered by Public Health-Seattle & King County with the purpose of integrating healthy eating and active living policies in city planning documents; and WHEREAS, the City utilized grant resources to execute a community planning effort resulting in a subarea plan for the Neighborhood Business zone centered at the intersection of Zl Avenue S W and S W 336�' StreedS W Campus Drive known as the Twin Lakes Commercial District; and WHEREAS, the City obtained public input prior to producing a draft plan via a stakeholder group, social media and public workshops; and WHEREAS, on December 17, 2011, the City's SEPA Responsible Official issued a Determination of Nonsignificance on the Twin Lakes Commercial District Subarea Comprehensive Plan Element; and WHEREAS, the City's Planning Commission held a public hearing on February 1, 2012, at the close of which they recommended to the council approval of the following amendment: adoption of the Twin Lakes Commercial District Plan Element WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered the comprehensive plan amendments on February 13, 2012, following which it recommended approval of the Planning Cotnmission's recommendations; and WHEREAS, the City Council, through its staff, Planning Commission, City Council committees, received, discussed, and considered the testimony, written comments, and material from the public, and considered the matter at its City Council meetings on February 21, 2012 and March 6, ;, Ordinance No. 11- Page 2 of S i •. t�t�,,,� �' �.., E�!!." ��' � � ,� , ',..... .� ;.w.� ...�;;� ��'!, fe .f±' ��M�� O � f1 .�r 2012; and WHEREAS, the City Council desires to adopt the subarea plan as a new element of the comprehensive plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHiNGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. (a) The proposed amendments to the comprehensive plan text, as set forth in Exhibit A and attached hereto, are consistent with the Council vision for the City of Federal Way, will allow development which is compatible with the surrounding neighborhoods, including adjacent single- family uses, provide convenient goods and services at a pedestrian and neighborhood scale close to adjacent residential uses, and provide for transportation facilities to serve the sites, and therefore bear a substantial relationship to public health, safety, and welfare; are in the best interest of the residents of the City; and are consistent with the requirements of RC W 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Plan. (b} The proposed amendments to the comprehensive plan text, as set forth in Exhibit A, attached hereto, are compatible with adjacent land uses and will not negatively affect open space, streams, lakes, or wetlands, or the physical environment in general. The amendments will a11ow for growth and development consistent with the Plan's overall vision and with the Plan's land use element household and job projections, and wiil allow reasonable use of property subject to constraints necessary to protect environmentally sensitive areas. The amendments, therefore, bear a substantial relationship to public health, safety, and welfaze; are in the best interest of the residents of the City; and are consistent with the requirements of RCW 36.70A, the King County Countywide Ordinance No. l.l - Page 3 of S , k;s!"�n�.� - �. �._ . : . : �h : . E�i�!�' � �' . _ . _: -�,� : P�IGE�...a�. s..._ Planning Policies, and the unamended portion of the Plan: (c) The proposed amendments have complied with the appropriate process under state law and the FWRC. Section 2 Com�rehensive Plan Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011 copies of which are on file with the Office of the City Clerk, is amended as set forth in Exhibit A attached hereto. Section 3. Amendment Authoritv. The adoption of plan and map amendments in Section 2 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to chapter 19.80 FWRC. Section 4. Severabilitv. The provisions of this ordinance are declared separa.te 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 other persons or circumstances. Section 5. Savings Clause. The 1995 City of Federal Way Comprehensive Pian, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011 shall remain in full force and effect until these amendments become operative upon the effective date of this ordinance. 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 take effect and be in force five (5) days after passage and publication, as provided by law. Ordinance No. 11- �F � :a � � Z: „.:: . .�, ..w,�. � �+ • f� w:� .� ,�,� , �..� � � , ___ -� �. � 3� i��l��' � PAGE `- OF�� .. PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, SKIP PRIEST AT'TEST: 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: OR.DINANCE NO.: Ordinance No. I1- Page S of S Rev i/10 CP Ex��-� C� PAGE. � .C�� .� 1. Introduction The Subarea The focus of this subarea plan centers on the Neighborhood Business zone at the intersection of 21 Ave. SW and SW Campus Dr./SW 336` St. (Figure 1). Residential azeas within'/a mile of the business district were a(so included due to their walking distance and pedestrian/bicycle infrastructure needs. This retail azea is the largest of the comprehensive plan's 14 identified Neighborhood Business nodes which are intended to provide convenient goods (e.g., groceries and hardware) and services (e.g., dry cleaners, dentist, bank) at a pedestrian and neighborhood scale c(ose to adjacent residential uses The subarea includes a mix of commercial uses such as grocery stores, banks, and restaurants. The surrounding area includes both muttiple-family and singte-family high density residential housing in addition to public and institutional uses such as a post office, park and ride, fire station, schools, public parks, and churches. The 2010 census figures indicate the commercial district's sunounding residential azea contains 2,432 housing units and approximatety 7,800 residents. Purpose This planning document provides a blueprint for the neighborhood's future growth, development and redevelopment. It may also be used as a model for the other Neighborhood Business (BN) zoned areas. During the subazea's ptanning process and through the initial adoption, the city and region have struggled to recover from the effects of the Great Recession. Within the subarea, one prominent storefront has remained vacant for years and surrounding single-family residential development has only slowly begun to recover. Additionally, public rights-of-ways in the subarea that were originally constructed prior to the city's incorporation were designed to carry primarily vehicle traffic and lack adequate pedestrian and bicycle facilities. This plan includes a framework of goals and policies that will provide guidance for redevelopment and capital improvements in the subarea and its surroundings. Updated design standards, greater mobility options and economic prosperity were important topics identified by the community during the planning effort which began in 2011. This "living document" is not static and is intended to be updated if the vision, goals and values of the community evolve with future generations. .... „ � � � r. I : ., . ,. � �; /� EXH181Y_--- PAGE._L_.OF � S K:ICPPW GrantlSub-area PIan�Planuing CommissiottlTwin Lakes Commerical Disuict Plan.doc Communities Putting Prevention to Work Funding for the subarea ptan was made possible by the Communities Putting Prevention to Work (CPPW) grant from the Centers for Disease Control and administered by Pubiic Health — Seattle & King County. The term of the grant contract was a 20- month period from July 21, 2010, to March l9, 2012. An important goal of the CPPW program is to reduce heaith inequities by focusing on Communities Putti�g communities with the greatest disadvantages. Prevention to WOrk Federal Way is considered a focus area for the grant due to the disproportionate levels of income and chronic disease compared to the rest of King County. One purpose of the grant is for iocal governments to adopt policies that increase physical activity and improve nutritional opportunities. Zoning and capital improvement policies can affect physical activity and healthy food options. Adoption of the subarea plan will also address upcoming comprehensive plan requirements under the Growth Management Act (GMA) for local jurisdictions to adopt policies and plans that will increase physical activity. ..�- � s-� s }: :':� r_ .. ¢.-�+ �` '� � � . ._ . . . : � �� X� � �� PaCE. � ..f��.�-. K:�CPPW Grant\Sub-area PlanlPlanning Commission\Twin Lakes Commerical District Plan.doc Figure 1 Twin Lakes Commercial District and Surrounding Residential Area : �.� :�, A - �;� ..� � HS�� y X � � � W'.'._�'� . . _. _ � �� M � ��,.. . . . �` . . � ��•�,..�� x '� . . $�.c! . . .. , .. ; Y �� _ .:i� ��`; � . . .�� .'"# �i .�•! m y aF � �,�. � ' ` .. - . . «.��-..: �� ..' „�.. „ . y . ��; . r� s a+�. �ir . d �. � :x -��, s �: t � �; � ., � r �• �. . r � �'�. ��` ' ' � . . � � $ r f�, < � ;. # �$4 S'.. ' � ..� y.� s. " " � E � � y ao..,,av � . 8+ '4'p 14 tl g ` ry i -� � .�. ` � � ,�` -y � � ��"��}_ � : �s�T� �Sa l T a .. �� . 'wRf� '�+ .R i* "S 4 ... yyy�� r �6' � ; . 3 . �� a�t .�i � y � � ��,? ry � f � �� ° ��e .'k y � � . . �i�� ' � . ? Re.A%� .+St. � � S Y.'� . � '["w � y -� : . .. e.S � y .� 4 � °Y' �i,;. 2� � � � _ . . ' . . , a `� . _ . . Y � /�.� . � r �. y� 3�. vAS Y �Y�z-°it � `+{` � $' y � �'9 � f �� ' �•z . . ' . . �� SYTM � . . T . :t �/�" ,#`. � 'n ^ ' � rt r �' +T` "� �,a "_�F ! °�' t �� y� � .. '� ,g - . . . _ - . A'- . _;�_ q � u t � fn} "�`cr.�v.. � a'�'�« . .. `c. , ��, r � � �w �r'�d� • �� ..{�s f K ��b 3 �€ ... - � , m ,�, u, r+� .�r ��',�y � � . �� a r . , :,�` 1 '� x. _ * = *' � - .. � - � � t 4y � ��T4a� '+L".' AM .. l.i: . . i � � rt ' �� t � � �V � lq w �. � (i. ::�..� f�?�¢,, yy+� . . .. . 1: : "'�#' � . !e - � ' A t � >. - , _ '� '�° *4 ' 4 3 � �' ��: �•' `, t - : � ��.� �d,-� ,�• � �P�� . a " �ri., , � _ ... . . - 3 3f : t � y AR..` . .. p2 t !a ! ' � sa�'' " ,�, ' _ � � . .� ��± �.� ' � � , yi� t�� . .. , . .� :_�C � . . . , a #�.t �i: ��• , _ ` �. :. - .. �� v a . � _ * p , . . � .. . � . �. a �� j � � � ��=� .r, _ Y � � � ;. :E , t':. � : � '- � � -:1: � � � .-�!:' . . .. h'� � "� : � . . � .; a . e '. . ..- , .:3- c . t 3 .. ':�' �'`. . . . : . > . -,� • � .a� ._. ,.... , . -' . . " .. ��. � � - � ',. ... . '�., . Legend �� . . , - . ,,� � _� <:� " Q Sub Area Bouncdary . r� � ;, � _ , . _ ; . � - _ � .;; Neighborhood Business Zone ,. , . 1/4 Mde fram BN Zone � ' �� PA��..��,� K:iCPPW GrantlSub-azea PIan�Planning Commission\Twin Lakes Commericat District Plan.doc 3 2. Community Planning Process Ptanning for the future of the subarea has been a collaborative effort between the community and the city s planning staff. Gathering input and goaVpolicy devetopment was accomplished by an initial informal survey, formation of a stakeholder group, utilizing an online townhall forum, and community workshops. These community planning methods provided the quantitative and qualitative amount of participation needed to complete this blueprint for the neighborhood's future in the relatively short amount of time a(lotted by conditivns of the CPPW grant. Survey One of the first objectives in the process was to publicize the subarea plan and gauge community interest. Press releases were picked up by local media out(ets steering citizens to the project website. From there, they could learn about the intent of the planning effort and participate in an informal survey regarding their own trips to the subarea. During the 57 days the survey was open, 87 visitors participated. A(though more than half of the respondents live within a mile of the commercial area, neariy all of the trips are made via automobile. Later in the planning process, staff found that the need for more sidewalks and bicycling facilities was a popular theme with stakeholders and workshop participants. Social Media In an effort to reach out and capture more community input, che city utilized a new sociat media method — the online townhall. Planning staff contracted with Mindmixer.com to solicit ideas from the community in a forum allowing participants to sign on ' ' 24-hours a day 7 days a week. Over 1,300 people visited �� l ��± ��/±' the site. Ideas were gathered and comments were posted ��y�+��+� regarding topics that were also popular during the Federal Way traditionai meetings and workshops. Discussions topics ��.. � I�; � ' i��l•uded building design characteristics, , , �bic:y�ling/pedestrian mobility, economic development "`^��a9eF �.��w3y �m.�* community gardens and farmers markets. Participancs ia � - K:�CPPW Grant\Sub-area PlaniPlanning CommissionlTwin [akes Commerical Disirict Plan.doc :9 P��E,..,�...�.�� 4,...?� the online townhall were able to comment on the themes, suggest alternatives and have direct dialogue with other participants. Stakeholder Group A subarea stakeholder group was assembled to provide comment and direction on various community goals. This group includes area business owners, surrounding residents and members from Federal Way Chamber of Commerce, AmeriCorps/Westway Homeowners, Federal Way Planning Commission, and YMCA. Stakehotders met with city staff during three pubiic meetings he(d in 201 l. Stakeholders also provided assistance to staff faci(itating two community workshops. Initial Stakeholder Visions • Modest increase in building heights • Redevelopment that includes unique mixed use design • Community gardens • Earmers Markets • Improved bicycling facilities (on-street markings, connection to BPA, sight distance) • Updates to existing retail areas • More park space • Youth friendly • Pedestrian improvements (sidewalks, safe routes to school, mid-block crossings, decrease curb- cuts) • Transit improvements (safe access, bike lockers, connectivity) • Suuoort business __ Community Workshops Two pubtic meetings were held to gather comments from the community and to provide information on tools and methods to achieve stated goals. Each meeting began as an informal open house that provided participants an opportunity to learn about the background of the subarea planning process and ask questions of staff. Following the open house, participants were divided into groups, depending on their interest, for in- depth discussion regarding design, mobility, economic development and healthy food access. The intent of the first workshop was to - collect ideas from participants and � � listen to concerns. After the The mobiG[y table offers ideas W make the neighborhood discussion, stakeholders from each safer to walk and bike table summarized their respective dialogue to the entire group. The second . workshop provided participants alternatives, an exptanation of tools and the regulatory structure of how to implement their ideas and address their concerns. � K:ICPPW Grant�Sub-azea P(anlPlartning Commission\Twin Lakes Commerical District Plan.doc P��E._., s :.��r.�'�.:.. These tools then became a framework in developing the goals and policies chapter of this subarea plan It should be noted that not all participants agreed with several of the goals and impiementation suggestions such as height increases and mixed use development. However, goals and policies do represent a majority consensus of participants in the planning exercise. Comments Goals • Public safety (better tighting, eyes on street) • Walkable neighborhood with opportunities for pedestrian gathering and interaction. • Flexibiiity in building design and use (promote sustainable and green building techniques). • Improved transit routes from Park & Ride facility • Safe sidewalk and bicycle facilities • Better tighting • Community gardens • Farmers Markets • Make business district a"destination" location Existing Assets • Residents • Potential of area • Retail and service diversity • Parks • Aquatic Center • Proximity to BPA trail Challenges • Too many curb-cuts • Vacancies • Bui(ding heiDht and setback (imitations • Outside ownership of properties • Traffic (volume and high speeds) • Aesthetics of existinQ strip development __ K:\CPPW`Gruitl PIan�Plannin� Commission\Twin Lakes Commericai District Plan.doc ��,��' "'� �� ' J PA�� '�: Staff answers questions during the pre-workshop open house The healthy food access tab[e discusses opportunities for community gardens 3. Existing Conditions The Twin Lakes Commercial District (Figure 3.1) is located at the intersection of 21�` Ave SW and SW 336` Dr. The 48 acre Neighborhood Business (BN) zone is the largest of the 14 BN zones identified in the Fecleral Way Comprehensive Plan. BN zoning designations are intended to provide convenient goods and services while maintaining a pedestrian and neighborhood scale. The Twin Lakes Commercial District is surrounded by multi-family and single-family residential uses. This mix of multiple and single family development amount to more than 2,400 housing units within a'/a mile of the BN zone boundaries. In addition to residential and commercial uses, the focus area inc(udes publicly owned faciiities operated by South King Fire and Rescue, Federal Way Public Schools, City of Federal Way Public Works and Parks Department, King County Metro and United States Postal Service. --- — s.; :t29 S= � ✓;, � -�>' � , �. ..�� . ` � > 23 a, ' � �� ' :� �v. 4 ° _, a � . ;. N' l� `�',, '� FE�ER +; ;'� ` �Y .� f '- , 3 �`• �' � . ,r � o . . r- � � � < _ N n � ._ ° �:T = _ , , .. ., > - - ,, , _ e , - ._ > ,- � i; _ : ,,.;' `_ .. .... .,.. , _ _. :.. y . �n �;: ��. : - . � ::>�. _ WlflWOY . .' ". ;'i Ci]SCi1�9 . ] � . " .. � � � . �t� 7T i _ ' _ PaAtW7itApifUnertb �![B � _ �_.:_..�� ,1 � 63 ' �- -t �� -,t �`' 3 l � ,_J SW CAMPUS �`'�' - �------- � --, °RT � - ceaafa� . ' .,�-�. _ , = SaRerr�q � � adar , ; r - ' �Cp r n f � . . � - , . ��? • __... \ � �� : , . .. .� i ,. ..,.: a �yS '' \ Mi�le Saghalie '�� , � ( `, I �._� - i � 5'r 33R N� 00� P811( .�' .. r .. `. _ m � CqMF � i sT i � . , _ _ -- °' - � , ,;;r +�v� _ >, - „ t '. i � � , . _,. n , � � �5�.;�.»0 - S N�78� �. � . >�i ; . _ - fi , �. � 5 6 { /339 S 4. .. j �� .. _ �T �' 3:Y �k1 �i . i S�,.V ... .. Y ^' , '_ J ,.. ..: ;.:: ..:.. J . :n �- ,'.d1 ST 0''' _ � y ,$) �r > - ` F _-� : i��i � y�`�'sJ2°L �) ;.:3 ;., az _ .: ' �':� ,��+n. ��:n ;;- a' �7 ' ' TMti71 lelk@S �'- "- a' ;,,,,.�, ,., .. Parlc 8 - � �' � # _ . , .. ; � �„ ,:��. � SW 344 ST' R�de ._ " �,� �=<z; ,_ ..�_ :..,>.,.,...�....�....� ic;'L,:.�.L , s < �SUV'3ddSi�s,i ~? ��.t34iPt 'o �-�v��.sn vruc��. � rs�ar � j a ��rke+amar �w�aeastiy.r�anuaao.l[�M �`• - � v Figure 3.1 The Twin Lakes Commercial District (outlined in red) is the largest Naghborhood Business area in tl�e dty ��"'��. �'�"' � K:ICPPW GrantlSub-area PtanlPlanning Commission\Twin takes Commerical District Plan.dac �w�� Commercial District Characteristics Commercial development in the Twin Lakes Neighborhood Business area occurred prior to the city's L990 incorporation. Sunounding residents have access to a variety of retail, service and restaurant amenities. According to King County Assessor data, the existing buiidings in the BN zoned neighborhood total more than of 400,000 square feet of commercial space. Single-story strip mall design dominates the subarea's retail core. Anchor buildings contain considerable setbacks from 21 Avenue SW and SW 336` StreedSW Campus Drive to accommodate parking lots. Although several individual pads containing banks, restaurants and vehicle service facilities are ctoser to the street, their entrances are insular and not predominateiy oriented toward the right-of-way. The intent of such development is typically auto-oriented without regard to other pedestrian, bicycling, or transit modes. . ..... ..�...N ...... ..� _ ............._.. --- -_--- --- ------ - -f— - . Residential Characteristics Similar to the retail area, much of the housing within a quarter mile from the Neighborhood Business area boundary was developed pre-city incorporation. Multi-family housing, consisting of townhomes and apartments, abut the north and west portions of the commercial zone and single-family housing abuts the south and west. This spatial context results in an "inner ring" of housing capacity at approximately 15 housing units per acre to an "outer ring" capacity of approximately 6 housing unics per acre. iG:\CPPW Grant�.Syb-area P1an�Planning Comrtussion\Twin Lakes Commerical District Plan.doc �� /� i�i�� Twin Lakes Shopping Center, built in 1979, is anchored by 5ateway a�ni icitea�a Several single-family residential developments have begun construction or obtained preliminary approval prior to the adoption of this plan. The Wynstone and Campus Crest subdivisions adjacent to SW Campus Drive will provide 158 units Saghalie Firs at 19`� Pl SW and SW 341 wil( provide 34 units; and Lakehaven Estates adjacent to 19�' Ave SW and SW 340`� will provide 13 units. In the future, properties in the subarea's southern azea could be redeveloped with additional housing units as several of the properties contain the capacity to be subdivided under the current zoning regulations. Multi-family zoned property in the subarea consists of renter-occupied housing with the exception of the southeastern portion of the Westway neighborhood which consists of fee-simple lots. Stacked and attached housing ranging from studios to three bedrooms are typical options available to multi-family dwellers in the subazea. As shown in the following table, 1,162 housing units are provided in the subarea's multi-family zoned lots. Public Facilities The subarea contains recreational, emergency, postal, transit and educational facilities within its boundaries. These facilities are operated by several different govemment entities. Saghalie Middle School — One of Federal Way Pubiic School District's 37 schools, Saghalie Middle Schoot is located at 33914 19`� Avenue SW and has been educating 6`�, 7"' and 8�' graders since 1994. Recent enrollment figures show 522 students attended Saghalie during the 2009-2010 school year. Attendance boundaries for Saghalie span from: SW 320`� St_ to the north; 10`� Ave SW to the east; SW 344�' Street to the south; and Hoyt Road SW to the west. � FiFteen lots within the subdivision aze zoned multi-family but will be developed with singe-family dwellings. A one-acre multi-family lot adjacent to Saghaiie Park wiil iikely be developed with mutti-family housing in a future phase of development. � Earliest year used for phased built developments. :� >` ,, , , � --• K:ICPPW Grant\Sub-area PIan�Pianning Commission\Twin Lakes Commerical Disttict Plan.doc .. - _ . FA�E_�....l�� 2 . 5::: Saghalie Park — Located at 33914 19` Avenue SW, Saghalie Park is a 16.4 acre community park and one of five active recreation parks in the city. Facilities providing � _ accommodations for � softball/baseball, soccer/football, track, basketball, tennis, and volleyball are provided. Additional features include a p(ayground, picnic tab(es, benches, restrooms and off- street parking. Community parks Saghalie Park is operated jointly between the city parks such as Saghalie, are considered department aod Federal Way Public School District active recreation facilities that provide active and structured recreation opportunities for the community. Community parks have a large service area, ranging from a 2-mile radius out to the entire city if there is a unique attraction. AmeriCorps — The locat AmeriCorps program is administered by Federal Way Public Schools. Located at 33250 21 Avenue SW, AmeriCorps members provide civic leadership via academic tutoring services and community projects. Alderdale Park — Located at 2700 SW 340"' Place, Alderdale is a two-acre neighborhood park. Facitities include a p(ayground, basketball and tennis courts, picnic tables and benches, loop trail and large open lawn area. Neighborhood parks axe designed primarily for non- - - supervised, non-organized recreation activities and are intended to serve an area of approximately one-half miie radius. As detailed in the city's Parks, Recreation and Open Space Plan, Alderdale Park has the potential to serve as a neighborhood gathering place. United States Postal O�ce — Located at 1815 SW Campus Drive, the Twin Lakes branch post office provides retail mail services. Twin Lukes Park & Ricle — Located at 34210 21 Avenue SW, the Twin Lakes Park and Ride has a 600 vehicte capacity. King County Metro routes 179- Downtown Seattle, 181-Auburn/Green River CC, and 197-University District Seattle and Pierce Transit route 62-1Vortheast Tacoma are served here. P1anlPlanning CommissionlTwin Lakes Commerical District Plan.doc � / •+ � ' � � Fire Station b3 — Operated by South King Fire and Rescue, Station 63 provides fire, rescue and EMS services. Located at 33414 2ist Av SW, the station responded to 2,429 calls in 2010. Transportation Transportation facilities in the subarea were constructed with a focus for automobile traffic resutting in few amenities for alternative modes such as walking, biking and transit. As the sunounding residential area developed in the 1950's and 1970's, the preferred subdivision design pattern included serpentine streets and cul-de-sacs without emphasis on connectivity. Additionally, sidewalks are lacking in many of the older residential 21st Ave SW and SW 336th StJSW Campus Pkwy intersection contains the highest volumes o[ travel in the subdivisions as segregated pedestrian Suna��. amenities were not a county subdivision requirement. Therefore, developers chose not to construct them as a cost-saving measure further disincentivizing alternative modes of mobility. Street System — The subarea contains the four different street classifications: Principal Arterial, Principal Collector, Minor Collector and LocaL Within residential subdivisions, traffic from local streets is picked up by collectors and then conveyed to arterials. Due to the many local streets lacking connectivity (i.e. cul-de-sacs and dead-ends), traffic flows are directed to arterial streets such as 21" Avenue SW and SW 336` SdSW Campus Dr. Table 3.2 Subarea Street Classification Invento * Principal Arterial Principal Coltector Minor Collector I 2th Ave S W ✓ 1 Ave SW ✓ 21�` Ave SW ✓ 22 PI SW . ✓ 26 Pt SW ✓ SW 334 SG ✓ SW 336 SG/WY ✓ SW Campus Dr. ✓ SW 337 St. ✓ SW St.JPL ✓ SW 341� Pl. ✓ SW 342 St. ✓ SW 344 St ✓ *Local streets not shown � i�i./ i � MJP � . K:VCPPW GrantlSub-area P1an�Planning Commission\Twin Lakes Commerical District Plan.doc -—�"� �� ' a ��.rlw��w��i s�iw�wwm � � r �� "^�iafia � �� ,� : `�..�;'` -- s �� ,� s�: " -.�`.. ._ .. . �. � Much of the vehicle traffic in the subarea flows through the 21 Avenue and SW 336 St/SW Campus Drive intersection. Traffic volume counts conducted in the fourth quarter of 2011 show an east/west average weekday traffic count of approximateiy 28,000 vehicies and a nocth/south count of approximately L5,000 vehicles. Transdt — Circuitous single-family residential street patterns and relativety low dwelling densities has relegated transit service to the two major arterials in the subarea. Residents have access to direct routes from the subarea to Downtown Seattle, University District, Aubum and IVE Tacoma. These routes can be accessed from the Twin Lakes Park and Ride located at 34210 21 �` Ave S W. As shown in the chart below, parking counts have been well be(ow the 600 stall capacity since 2005, but the data does not capture those who walk or bike to the transit center. The center's ctose proximity to the BPA Trail and new single- famiiy residential housing stock can also provide a convenient Walk/Bike & Ride if adequate connections and wayfinding is made available. Table 3.3 Twin Lakes Park & Ride Utilization Year Count (4 Quarter Average) % Used 2005 t03 t7% 2006 98 l6% 2007 109 t8% 2008 17l 29% 2pp9 gg 15°k 2010 97 l6� King Counry Park-and-Ride Lots Monthly Utilizarion Reports ?00�-_'OlO. Bicycle System — Residents in the subarea have difficult choices to make when biking: ( l) share the road with fast moving traffic along the major arterials; (2) share the sidewalk with pedestrians and numerous curb-cuts along those same major arterials; and/or (3) attempt to find connections along the local streets adding trip time. Unfortunately, existing bicycle facilities within the boundaries of the subarea are limited to the SW 344"' Street bike lane/wide shoulder ending at the road terminus at t8`� Avenue SW. The city is in the process of updating the citywide Bicycle and Pedestrian Plan which includes proposals for new facilities within the subarea such as bicyc(e boulevards, paved trails, enhanced shared sidewalks, and additional lane marking. Commission\Twin [.akes Commerical District Plan.doc EX�! � � �'�"_.�.� PAGE.�12..'��=�� Mid-block crossiog on 21st Ave SW near Fred Meyer Pedestrian System - Sidewalics in the subarea are limited to arterials, collectors and recent residential subdivisions. And while sidewalks are provided on major thoroughfares, several segments are substandard with regard to width and Americans with Disabilities (ADA) sta.ndards. Most of the residential subdivisions developed prior to the city's incorporation do not have segregated pedestrian amenities and do not have a history of pedestrian retated collisions. Pedestrian collisions have been prevalent in the commerciai district area. Since 2000, 27 pedestrian accidents have occurred in and around the 21 S ` Ave S W and S W 336` Campus Drive intersection. To address safety issues, the city has constructed mid-block flashing beacon crossings approaching the arterial intersection and witl implement additional safety improvements as part of the intersection's upcoming capital improvement project. . „��. The city's proposed update to "� the Bicycie and Pedestrian � - - �,,, Ptan includes sidewalks in �"°``� �- ' portions of the Village Park This residential subdivision was developed prior to current pedestrian requiremeats Village Green and Alder Grove subdivisions. Additional pedestrian improvements will occur with street improvement projects, commercial development, and subdivisions. , . � �'�`i � If:�PPW Grant\Su6=aeea Plan�Planniag Commission\Twin Lakes Commerical District Plan.doc PA�E �. 3 ._'��.�� 4. Vision At the end of the 20-year comprehensive planning horizon, the subarea's commercial area will be a neighborhood scaled commerce center for residents in the western portion of the city. The redevelopment of the Twin Lakes Commercial District will contain improvements that are unique, attractive, viable, accessible, safe and prosperous. Improved connections from adjacent residential neighborhoods will lead to a center that is redeveloped with mixed use buildings designed with the guidance of an illustrative form based zoning ordinance developed by a diverse group of stakeholders. This "Form- Based Code" approach to community design will ensure development in the subarea provides amenities that are attainable and desired locally. � �. 'The Twin Lakes Commercial District is an area that was designed primarily for automobiles with little regard for other modes of travel. Redeveloped properties will provide safe delineated connections for pedestrians to stores, offices and housing. This plan is not intended to replace automobi(e travel or capacity, but to ensure facilities that accommodate walking, bicycling, skateboarding, rol(er-skating and other future non- cnotorized travel not yet contemplated are considered. This vision can only be accomplished via partnerships between the city, community, business and commercial property owners. The community has recognized through the planning process that the neighborhood needs a sense of identity and an updated commercial core. Next steps shoutd include the adoption of a model Form-Based Code that will provide a clear image of a desired outcome. .. a: � ..,.; � r�►t�c_.u._v�.�:=—�— 5. Goals & Policies T'he goals and policies chapter provides a flexible framework for implementation of the plan. Goals articulate a vision of the community's needs and desires while policies provide implementation strategies for meeting the vision. These statements will provide guidance for future zoning code revisions and capital improvements. 5.1 Building and Site Design Goals • Create an environment that is conducive to increasing foot traffic, suppocting diversified economic development, and providing a safe, visually interesting and vibrant experience for visitors and residents of the subarea. • Focus on fostering community support and resources; increasing the economic, environmental, and social well-being of the subarea to accomplish goals related to building and site character. • Ensure that the regulatory environment (e.g., zoning regulations) continues to encourage a diversified mix of land uses, so as to create complementary activities and services in the subarea that meet the needs of residents and business owners — as well as contribute to overalt community well-being. Policies • Promote buitding design that encourages opportunity and choice for a range of complementary business sizes and types o Utilize and implement tools with a special focus on encouraging the feasibility of mixed use commercial space for small businesses combined with housing uses, such as live/work units or flexible work spaces in mixed-use zones. These tools could include creating incentives for developers to develop buildings using a target Floor Area Ratio (FAR). o Encourage new infill development in the existing commercial center by allowing building heights that could make new housing, retail, and work space types feasible in the area around the intersection of SW 336`� St and 21�` Ave SW. o As a component of an overall economic/market analysis for the subarea, consider the feasibility of providing a limited amount of lower-cost space for business start-ups, artist space, or community organizations. W Plan Commission\Twin Lakes Commerical Disuict Plan.doc .. � K1CPP C,rant�&ub-ar� �Plaonmg , . . . _ � � � PAGE ��l�� • Promote flexibility in new development (including bccilding heights) to advccrtce commur�ity design priorities ' �{ �,';�� -`�y fi �' �- 4 b � � � . _- --=;k � f��y : ': �J `� `�� ` ` , e� i� - . • Explore the use of zoning incentives to encourage developers and properry owners to create amenities in exchange for flexibility with certain zoning requirements. • Encoacrc�ge private improvements that ciccommoclate multiple types of ttsers — especially children, yoc�th, ccnd seniors. Create guictelines for attractive biiilding design bccsed on local preferences o Consider conducting a community design charrette to engage interested stakeholders and create a specific vision based on clear illustrations of local design and character priorities. "�� ,�� G1aAtlSub-area PIanlPlanning Commission\Twin takes Commerical District Plan.doc ., � �3�C��!�'�`�` � P��E ��.:?�g . , ___ -- --- ------ --- _. –�::_ —� � , G� Such improvements can also improve the look and feel of the pedestrian environment and encourage more physical activity. Encourage development of sustc�inc�ble buildings and stte design. o Support opportunities for site improvements that utilize best practice standards such as Sustainable Sites, Built Green, or LEED. o Promote the use of Low Impact � �"+ Development (LID), green- roofs, and rooftop gardens for ' � �� .� existing properties and new — ` 3� development/redevelopment. �,� ;;,� • lmprove safety and access of buildings and surrounding site area o Use existing CPTED principles to specifically identify and address safety issues in the subarea. , t �'� � 3 • Ptace a speciai �latural drainage strategies can effecttvely �oage stonnwater while providing attractive vegetafioo and emphasis an building pedestrian buffers entries as well as rear/service areas of buildings with regard to externat iighting, and in accordance with existing design guidelines set forth by the City. Access points and driveways for neighborhood retail, including grocery stores, should accommodate the safe and efficient movement of pedestrians and bicyc(es throughout parking areas and the site area in general. Promote visual access to the street from ground floor retail uses, and to pedestrian entrances and pedestrian-level display windows in order to promote "eyes on the street." � IC_�CPPW Grant�.Sub-area Ptan�Plan�ing Commission\Twin [.akes Commerical District Plan.doc �� /� �.�� M • Promote the development of gathering spaces, with special attention to outdoor areas. o Promote outdoor patios or plazas adjacent to and/or accessible from pedestrian rights-of-way in new development or redevelopment. Also, work actively with current commercial property owners to encourage implementation of building/pedestrian orientation and tandscaping . elements of the community design guidelines within existing s �;'s � �s,. s: . ,. . ..x ._: �, �, r-° . -t : t -K ,. i ` ... .. -'*``..... .., _ . devetopments. o Promote gathering areas, site improvement, and placemaking projects that can actively utilize community resources to create these spaces. For example: benches, pocket parks/plazas integrated into the landscape and built environment, bus sheiters, or community-based "intersecrion repair" projects. o Identify areas of opportunity for outdoor patios and other similaz types of spaces that could be complementary to new or existing businesses — for example, restaurants, cafes, or grocery stores — and enhance the public realm. Commission\Twin Lakes Commerical District Plan.doc �� ,. _. - - — PAGE �.. � ...4�� `=--- CPTED and placemaking princip[es applied to a conceptua! trans�t-ortentea development: 1)Adequate street lighting c�eates a fee[ing of safety. security, and territoriality; 2) An enjoyable walking environment with large plartters serving as a bu�`'er to tra�c provide oPportunities for walking and an activity; 3) Clear visual access to storefronts and reduced setbacks for retait uses aUow for more "eyes on the street "; 4) Benches and street ptantings can enhance transportation corridors and provide for a ►nore enjoyable and secure pedestrian realm. 5.2 Economic Development & Redevelopment Goals Create strategies for developing new businesses using existing assets, and promote land use strategies that provide opportunities for entrepreneurship and focus on retaining local businesses Ensure that future economic development plays a leading role in fostering a healthy, active community • Create economic benefits from providing safe opportunities for multiple modes of transportation to access local businesses Policies • Promote and support communiry based, small-scale businesses o Consider an economic/market study for the subazea detailing needs and viability for new retail and housing. o Encourage the creation of a Community Development Corporation, local business association, or Business Improvement District to help advance community economic development goals. • Work with the local Americorps office to help organize and build upon community volunteer assets. o Partner with South Sound Regional Business Incubator on outreach to local businesses. Assist in tailoring business developmendretention workshops to meet the community's needs o Encourage future development that will include retail space appropriately scaled for small businesses and promote more affordable space for start-up businesses. • Create a sense of place through branding an identity, creating a gateway and integrating art into the landscape o Public art should be encouraged throughout the subazea. Where possible, art should serve a function that relates to a public health benefit. Examples of appropriate public art could include streetscape improvement, such as benches or sidewalk treatment that improve the usability and attractiveness of the pubiic realm. Art can be incorporated into many aspects of the built environment, inciuding seating, lighting, paving, wa�nding and signage. Coordinate with local community gardens to grow appropriate plants for hanging baskets Street and pedestrian lighting should be of similar character throughout the business center K:K'PPW GrantlSub-area PlanlPtanning Commission\Twin I.akes Commerical District Plan.doc �� " '''•'' �� - � . pa�E..�...�� _:..� o Identify one or two arterial roads to establish a gateway into the subarea. The approach from the east along SW Campus Drive could serve this purpose o Develop a neighborhood website, possibly as part of "Engage Federal Way," that features a local business directory and profiles locally owned businesses • Consider developing wayfcnding specifically targeted towards multiple modes of travel. o Highlight community assets such as the Weyerhaeuser King County Aquatic Center, farmers market, community gardens and Saghalie Park / Saghalie Middle School, for example. CommissionlTwin [.akes Commerical Disuict Plan.doc ....,: -.:. •=r. k .t u �,� � PAGE. ��..�°t3�.�'� Streetscape improvements such as bamers sod hauging tlowets, can help enhance nei�hbw'laod identity as well as improve the pedestrian environment Utilize zoning and other regulatory tools to allow for more creativity and input on building and site design, and to promote headthy, active living. o Convene stakeholders – such as builders, developers, and real estate professionals – to help determine appropriate types of incentives o Consider the use of form-based codes as a tool to help explicitly illustrate how building and site design can improve the built environment o Encourage improvements with a clear link to public health benefits such as open space, rooftop gardens and trail connections. • Encaurage land use strategies that promote attractive housing, convenient access to retail, and opportunities for employment/self-employment for residents of the subarea. o Encourage mixed-use development, particularly around the intersection and neighborhood retaii area of SW 336`� St and 21�` Ave SW, to promote opportunities to live and work in the same community, as welt as to promote opportunities for entrepreneurial growth o Explore feasibility of mixed-used development within existing Neighborhood Business zoning regulations and ways to improve feasibility of mixed use development. Improve economic vitality by providing options for access to business areas via multiple transportation modes o Improve connections between the subarea and major community amenities such as the Weyerhaeuser King County Aquatic Center. For example, this couid be accomplished by providing improvements to signage, creating a branding strategy for the subarea, or by focusing bicyc(e and pedestrian infrastructure improvements on corridors that connect the subarea to cnajor community amenities. o Incorporate pedestrian-oriented planning principles from Federal Way Community Design Guidelines to encourage foot traffic. � Focus on improving safery for neighborhood residents o Use Crime Prevention through Environmental Design — CPTED — principles and techniques to specifically identify / address safety issues in the subarea and identify specific potential areas of concern, along with suggested improvements. This should include a special focus on safety along pedestrian and bicycle routes. EX�l�+�� " PAGE.� K:�CPPW Grant�Sub-azea PIan�Planning Commission\Twin Lakes Commaical Disttict Plan.doc 2l � Create opportunities for nightlife activities. o Consider a seasonal "night market" that could be complementary to community events such as a farmers market, festivals or performances showcasing local talent, or oppoRunities to showcase / promote local business. 5.3 Bicycie and Pedestrian Mobility Goals � Enhance community livability, health, and transportation in the subarea by providing a connected system of pedestrian and bicycle ways that is integrated into the citywide and coordinated regional networks. • Develop a pedestrian and bicyc(e network accessibie to all residents of the subarea. • Ensure that the pedestrian and bicycle system is safe and functional for all users. • Create efficient and convenient methods for pedestrians and bicyclists to travel to the places where they live, shop, work, and play. • Foster a community culture supportive of walking and bicycling as important modes of transportation and recreation. • Improve the bicycle and walking environment through enhanced traffic operations and maintenance K:ICPPW �� CommissionlTwi� Lakes Commerical District Plan.doc �� 22 Policies lmprove bicycle and pedestrian infrastructure and connectivity o Improve pedestrian and bicycle infrastructure connectivity and identify the walking and bicycling network within the Subarea. o Buitd new roadways that accommodate pedestrian and bicycle facitities and retrofit older roadways to complete the system. o Complete missing links in pedestrian and bicycle infrastructure on existing street network as a priority measure. o Improve connections to transit — especially the Twin Lake Park and Ride — for pedestrians and bicyclists. o Deve(op a bicycle network connected to other neighborhood business centers within Federal Way, the Federal Way downtown, parks, trails, schools, recreation areas, and neighboring urban areas that supports a diversity of cycling abilities and interests. o Deve(op "connector traiis" to link destinations and facilities not easily accessible on the existing street network and coordinate pathway projects with parks and open space agencies. o When appropriate, require implementation of pedestrian and bicycle facilities as part of new development. o Monitor bicycle and pedestrian facilities to ensure that safety is not being KICPPW GrantlSub-area Plan�Ptanning Comroission\Twin Lakes Commerical District Plan.doc �� degraded over time. o The form, density and design of new commercial and business centers should support pedestrian and bicycle trip-making. Where possible, opportunities to enhance existing development to accomplish this end should be imptemented as part of substantial redevelopment projects o Update pedestrian and bicycle facilities where appropriate to incorporate best practices. o Manage traffic control systems to better facilitate bicycle and walking travel along strategic corridors. . �. KICPPW Promote safe and convenient non-motorizecl transportntion o Ensure high-quality, flexible and secure bicycle parking throughout the Subarea. o Provide wayfinding tools for pedestrians and bicyclists that encourage safety and promote use of non-motorized transportation modes. o Improve facility safety through design, operations, maintenance and education. PIan�Planning Commission\Twin Lakes Commerical District Ptan.doc Focus on outreach and education to help promote safety and accessibility o Conduct outreach and education to increase safety and awareness for pedestrians, bicyclists and motorists; Provide easily accessible information about the pedestrian and bicycle system. o Ensure that pedestrian and bicycle facilities are accessible to everyone in the community. o Apply traffic-calming techniques, where feasible, to address safety issues associated with vehicle speeds and volumes. o Develop programs that provide the option of shifting from driving to walking and biking for short trips within the City. • Support capacity-building for community activities focuse¢ on healthy, active living o Support creative local walking and biking events o Encourage walking and biking to community events. o Actively engage local walking and biking organizations to create opportunities to support bicycting and pedestrian safety and strengthen local capacity 5.4 Healthy Eating and Food Access �� • Encourage existing businesses to provide healthy food options and improve access to healthier food choices. • Empower the community to grow food. • Expand opportunities to grow, market, distribute, and consume locally grown food. Policies Work with multiple stakeholders to increase the number of community gardens o Facilitate temporary, interim, or joint-use agreements for potential sites . n for fanners mazkets, community gardens or urban agriculture, such as on Saghalie Middle School or Saghalie Park property; consider offering use of sites on city property at no or minimal cost. Encourage the development of community gardens and urban agriculture in priority azeas such as the Westway neighborhood. [,00k for opportunities to develop P-patch gardens in close proximity to mutri-family housing surrounding the intersection of SW 33b`� St and 21�` Ave SW. o Assist with facilitation of community design charrettes for future . community gardens to help build a feeling of commun��w�� C ,s K•VCPPW Grant�SuH�qu� PIan�Planning Commission\Twin Lakes Commerical District Plan.doc • i�ii�fww�+ o Coordinate with Federal Way Community Gardens Foundation to develop a"how to" manual for establishing community gardens. • Promote urban agriculture as an income generator o Consider the development of a market gazden near the Westway neighborhood. Include a year-round fruit & vegetable stand that selis produce from the garden and local farmers o Consider enacting a code provision that reflects and supports Washington State's cottage food laws: SB 5748. This woutd allow residents to use their home kitchen to produce permitted seilable food items Compost food waste for soil o Encourage a composting retationship between restaurants and community gardens. o Assist community gardens with finding resources to construct composting infrastructure and host workshops o Encourage Saghalie Middle School to provide their students with hands- oa composting opportunities. This can be coordinated with science courses to create a"living laboratory" for small-scale agricuiture. � • - - '�•.` = - .,. . ... . � J d �., ',4� ,� �{C�CPPW GrantlSdb,-ai�a�n�Planning Commissioc�\Twin Lakes Commerical Disuict Plan.doc -.. �� PAGE2�t� Communiry gardens can help promote community-building, neighborhood chamcter, and a sense of ownership among residents. • Pursue opportunities to grow food on vacant land with no current use or with low-intensity uses o Conduct and maintain an inventory of public and private vacant land; Communicate these potential land opportunities to community garden groups or farmers markets o Work with BPA and community organizations to utilize land along the BPA right of away for food production • Support land use strategies that support food retail opportunities for local rural and urban growers o Assist Federal Way Farmers Market with securing a space for a weekday market in the subarea o Engage private property owners, near the intersection of SW 336`� St and 21 Ave SW, such as the owners of the former Aibertson's store and parking lot, and explore oppoRunities to host a farmers market or allow mobile vending opportunities for healthy foods o Look at the feasibility of using public land near the intersection of SW 336` St and 21 Ave SW for a farmers mazket. o Consider the operation of a seasonal night mazket coordinated with other community events, such as festivals or performances Improve farmers market feasibility o Provide public space for little or no cost where possible and permitted. Where such uses are not currently permitted, consider appropriate opportunities to allow farmers markets as a permitted use. o Provide wayfinding along routes leading to the farmers market. • Facilitate partnerships between food growers and loca! markets o Identify priority areas for fruidvegetable stands and work with staiceholders to create opportunities to grow and sell food. Priority areas could include Saghalie Middle School and the community of Westway. Create community securiry with communiry gardens and think strategically about preventing vandalism o Partner with community organizations (AmeriCorps volunteers) to develop events, such as"garden days", that aim to bring community together and build community investment in the gardens o Utilize CPTED- based principles to deter vandals o Involve community members to create a sign for the garden � K:\CPPW Grani�3iib�� P1an�Planning Commission\Twin Lakes Commerical Disuict Plaa.doc PA�E. �Z�� o Use short picket-sty(e fences to keep out pets and to clearly display the border of the garden. Use passive strategies, such as growing thorny plants atong the fence (e.g. raspberries or roses) o Create a she(tered area where people can spend time tv enjoy the garden and to keep the space in active use o Involve neighborhood children in garden maintenance - the neighborhood will be more invested if children use the space o Plant a donation or "vandal's garden" near the entrance. Place a sign that invites passers-by co take food to help demonstrate community goodwil! o Demonstrate "ownership of place" - maintain active use of the garden to demonstrate that community members are using the space Create economic opportunities for alternative food distribution �acodels o Work with Fred Meyer, Albertsons or Safeway property owners to establish a mobile food cart zone or inc(ude mobile food vending provisions in the Zoning and Development Code to increase food options for employees near employment centers, transit-oriented development, and low-access areas. �� [C\CPPW Grant�.Sub-area P1an�Planning Corrunission\Twin Lakes Commerical District Plan.doc � S �� /J (� �� i "/_ T> �'U ,�1G......... Mobile food vendors can create more options for healthy food retail, enhance neighborhood vitality. and provide new business deve(opment opportunities for neighborhood residents ` CITY OF � Federal Way PLANNING COMMISSION STAFF REPORT DATE: January 27, 20 i 2 TO: Chair Merle Pfeifer and Members of the City of Federal Way Planning Commission FROM Matthew Herrera, Associate Planner Patrick Doherty, Director of Commuruty and Economic Development SuB,iECT: Twin Lakes Commercial District Subarea Plan FII.E: i 1-101366-00-UP MEETING DATE February 1, 2011 A. OVERVIEW The Twin Lakes Commercial District Subarea Plan is the culmination of a 10-month community planning process encompassing the Neighborhood Business (Bl� zone centered at the intersection of 21 Avenue SW and SW 336`" StreedSW Campus Drive. The planning document outlines goals and policies for the subarea regarding economic development, building and site design, non-motorized transportation and healthy food access. This pian will become a new element within the Federal Way Comprehensive Plan (FWCP). B. STAFF RECOMMENDATION City staff recommends adoption of the Twin Lakes Commercial District Subarea Plan attached as Exhibit A. _ ,� _ ,� - .. � . : - , . �- .. . : .� D. BACKGROUND • Concerns from area business owners and residents regarding the vacant storefronts in the commercial district prompted staff to evaluate a unique subarea plan for the city's largest Neighborhood Business {BN) zone. This planning exercise was then made a component of the 2011 Planning Commission Work Program. • FWCP 2.13 states: "Over the years, citizens from various areas of the City have come forth to testify before the Planning Commission and City Council regarding their neighborhood or business azea. Development of subarea plans can lead to area specific visions and policies. _ � ='��: . .�... .� � � EX�"�,�� . �� ,x� Z : �;� PAGE_-�___��.-- . � This type of specific planning, developed with citizen input and direction, can lead to improved confidence and ownership in the community. Areas where subarea planning should be considered include: SR-99 Corridor, South 348th Street area, the South 356th area, and Twin Lakes neighborhood.(emphasis added)" • In 2010, the City accepted Communities Putting Prevention to Work (CPPW) grant funding from Public Health — Seattle and King County to prepare a subarea plan for the Twin Lakes Commercial District and surrounding residential azea. The grant is focused on adopting heatthy eating and active living policies into city planning d�uments. • Staff assembled an 11-member stakeholder group to act as an advisory committee for plan preparation. Three stakeholder meetings were scheduled in April, May and December 2011. Draft goals and policies were presented to stakeholders at the December cneeting and made available online for comment. • Two public workshops and open houses were held in June and October 2011 for community participation_ More than 40 attendees participated in the June workshop and open house where ideas were gathered. Staff and consultants returned in October with implementation tools and graphic representations. ' • An online townhall was initiated in June 2011 to solicit ideas via social media. The EngageFederaiWay.com site had over 100 participants that provided ideas and dialogue over a 6-month period. • The planning document consists of five chapters that detail the purpose, community planning process, existing conditions, vision, and goals & policies. • Similaz to the city's overal( comprehensive plan, the plan's goals and policies provide flexible policy guidance for zoning code revisions and capital improvement projects within the subarea. E. PROCEDURAI, SUMMARY A Determination of Nonsignificance (DNS) (Exhibit B) was issued for the proposed subarea plan on December 17, 2011, pursuant to State Environmental Policy Act Rules 197-11-340. Notice of the enviro�mental determination was provided in the Federal Way Mirror, City designated bulletin boards, and emailed to the project s[akeholder group. The comment period ended on January 3, 2412, with no comments submitted to the City. Public notice of the Planning Commission hearing was emailed to department stakeholders, published in the Federal Way Mirror, and posted on the City designated bulletin boazds January 13, 2012. This staff report was emailed to commissioners, project stakeholders and interested parties on January 27, 2012. Recipients of the staff report were directed to the city's website to view the subarea planning document due to the lazge file size Twin I.akes Commercial District Pian page 2 Planning Commission Staff Report � K:ICPPW GrantlSub-area PlanlPlanning Commission�PC Staff Report.doc , EX� �•'�� .. K � �: S".� � i�,i .� _' . : . _. . � � T�F PAGE,. 2 .�� a � a�' .r . �. ._ �� .�� -. F. BASIS FOR PLANNING COMMISSION ACTION Federal Way Revised Code (FWRC) Chapter 19.80, Process VI establishes a process and criteria for comprehensive plan amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. Conduct a public hearing; 2. Review and evaluate the requests for comprehensive plan amendments; 3. Determine whether the proposed comprehensive plan amendments meet the criteria provided by FWRC Sections 19.80.140 and 19.80.150. 4. Forwazd a recommendation to the City Council regarding adoption of the proposed comprehensive plan amendments. G. FACTORS TO BE CONSIDERED IN A COMPREI�NSIVE PLAN AMENDMENT 1. The effect upon the physical environment. o Staff Response — Adoption of the subazea plan, in itself, will not affect the physical environment. Any future development resulting from the adoption of Plan and subsequent amendments to the Official Zoning Map and Federal Way Revised Code (FWRC) will be subject to review pursuant to the State Environmental Policy Act (SEPA) and must comply with all the requirements of the FWRC 2. The effect on open space, streams, and lakes. o Staff Response —Goals and policies in the planning document do not affect open space, streams and iakes. Future development resulting from the policy document will be subject to zoning and development review. Mitigation for any effects will be based on SEPA threshold determination or zoning and development code regulation. 3. The compatibility with and impact on adjacent land uses and surrounding neighborhoods. o Staff Response — The subarea plan is consistent with the overall Federal Way Comprehensive Plan neighborhood business, single-fa►nily high density residential muitiple-family r�sidential and pazks and open space designations. The policy document provides goals and policies speci5c to the needs and desires of the subarea. Any future development resulting from adoption of the plan, and subsequent changes to the zoning regulations will be subject to review for compliance with all codes, including the Community Design Guidelines. 4. The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. o Staff Response — Impacts to the referenced essential public facilities will be mitigated at the time of development. Applicant's that propose development aze required via Twin Lakes Commercial District Plan Page 3 Pianning Commission Staff RepoR KICPPW �E��P1ac4�anning Comroission�PC Staff Report.doc EX�� .�. _ . . " �� . � _; _ _ � �' � � PAGE�.��_�._. FWRC, SEPA and State Growth Management Act regulations to improve or mitigate such impacts concurrently with the development. 5. The benefit to the neighborhood, city, and region. o Staff Response — This policy document was drafted following a community planning process that sought out public pazticipation through a stakeholder group, public workshops, and social media. The plan is a viable and consensus based document that will provide a vision for the neighborhood in the 20-year comprehensive planning horizon. 6. The quantity and location of land planned for the proposed land use type and density and the demand for such tand. o Staff Response — N/A, this planning document dces not propose to change tand use designations or densities. 7. The current and projected population density in the area. o Staff Response —1V/A, this planning document dces not affect population density in the azea. 8. The effect upon other aspects of the comprehensive plan. o Staff Response — This document is consistent and complimentary to the city's overall comprehensive plan. I�io changes to the plans designations or densities aze proposed. H. DECLSIONAL CRITERIA FWRC 19.80.150 provides the following criteria for comprehensive plan amendments. The city may amend the plan only if it finds that: 1_ The proposed amendment bears a substantial relationship to public health, safety, or welfare. a. Staff Response —The proposed subazea plan bears substantial relationship to all three attributes as it includes policy recommendations related to pedestrian and bicycting improvements, healthy food access, buiiding and site design and economic development. When implemented, these recommendations wili provide: (1) greater opportunities for walking and biking; (2) opportunities to grow, market, distribute and consume locally grown food; (3) visually interesting architecture and site planning practices; and support of existing and future businesses. 2. The proposed amendment is in the best interest of the residents of the City. a. Staff Response — The proposed subarea plan is in the best interest of the City as it provides a set of goals and policies that will guide future improvements in the neighborhood. A vision for the future will present a predictable path for residents and property owners Twin Lakes Commercial District Plan Planning Commission Staff Report . K:�CPPW �trak►�` b-� FIan�Ptanniag Commissim��PC Staff Report.doc . . _ ...,.. , : a r 4: ' �i`� . Page 4 EXN�� z PAGE, `� Q�.i___ 3. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city's adopted plan not affected by the amendment. a. Staff Response — The proposed subarea plan is consistent with the requirements of the Growth Management Act, including, but not limited to the following planning goals codified in RCW 36.70A.020: Urban growth; Transportation; Economic developttient; and Cirizen participation and coordinarion. The amendment may be adopted outside of the city's regularly scheduled once a year comprehensive plan update due to initial subarea adoption exceptions pursuant to RCW 36.70A.130(2)(a)(i). The proposed plan is consistent and complementary to the overall Federal Way Comprehensive Plan. I. PLANNING CONaVIISSION ACTION . Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed develoQment regulation amendments: 1. Recommend to City Council adoption of subarea plan as proposed; 2. Modify the proposed subarea plan and recommend adoption to City Council; 3. Recommend to City Council that the proposed subarea plan not be adopted; or 4. Forward the proposed subazea plan to City Council without a recommendation. Twin Lakes Commercial Disirict Ptan Planning Commission Staff Report K:ICPPW Grant�Sub P1an�Planning Commission�PC Staff Report.doc Page 5 �X��'�� ' PACE � ��..�-- CITY OF FEDERAL WAY PLANNING COMMISSION February 1, 2012 City Hali 7:00 p.m. Counc Chambers MEETING MINU'rES pa��_s___�� s-- Commissioners present: Merle Pfeifer, Tom Medhurst, Tim O'Neil, Lawson Bronson, and Sarady Long. Commissioners absent: Hope Elder and Wayne Cazlson (both excused). Staff present: Planning Manager Isaac Conlen, Principal Planner Maxgaret Ctark, Senior Planner Janet Shull, iate Planner Matthew Henera, Assistant P(anner Becky Chapin, City Traffic Engineer Rick Pere ministrative Assistant II Tina Piety. f CALL TO ORDER Chair Pfeifer ca(led the meeting to order at 7:00 p.m. APPRO�AL OF MINUTES The minutes of December 7, 2011, were approved as AUDIENCE COMMENT None ADM[N[STRATIVE None � COMM[SS[ON BUSINESS Comm' '`" ner Medhurst n�ii nomift�`�' `` air Pfeifer was as vice-ch ere were no d c� �` ir Pfeifer to continue as chair. There were no other to co e as chair. Chair Pfeifer nominated Commissioner Medhurst nomi�es. Commissioner Medhurst was voted in as vice-chair. PUBLIC HEA icycle &,�d estrian Master Plan Senior Planner Shu City f '�affic Engineer Perez delivered the staff report. T'he proposed Bicycle and Pedestrian Master Pl a stand-a(one planning document, as well as serve as a basis to update the non-motorized section o e Transportation Element of the Federal Way Comprehensive Plan at the time the annual update is do . One of the purposes of the plan is to improve the health of Federai Way citizens by increased access to safe and convenient bicycling and walking facilities. Staff sought public input through a survey and a social media site (EngageFederal Way); the site received over 1000 hits and many ieft comments and discussions. In addition, staff recruited a 20 member advisory committee to help develop goals and objectives and a proposed network. Finally, staff sought technical assistance from SvR Design Company and Alta Planning + Design. Tfie overall goal is to enhance community livability, health, and transportation by providing a connected system of pedestrian and bicycle ways that is integrated into a coordinated regional network. T'here aze five goal categories: ��T 3 K1Pianning Commission`lPt$I lUNeeting Summary b2-0t�l$:doc r�± y a �" )'L. 4.. R 4 ' � �'°' ,� # i. " ._ ._ .--.,,�.,.�... ' +bf .++w.�.-v.q, srR"'. M� R�.E a Planning Commission Minutes Page 2 February l, 20 i2 • Bicycle and Pedestrian Network and Support Facilities — Develop a network that allows for safe and convenient movement throughout the ciry and to the regional network. • Safety, Security, and Equity — Provide safe connections between neighborhoods, business centers, parks and recreation facilities, and schools, and consider the needs of all residents, especially those who do not have access to private vehicles. • Transportation and Land Use — Consider adjacent land uses and their potential to generate walking and biking travel when determining where walking and cycling improvements are most needed. • Education and Awareness — Open the lines of communication so that all users of the transportation network have improved awareness of the need to share the roadways and trails, and recognize and observe traffic safety laws. �,�;;. �f, • Maintenance and Operations — Ensure that biking and walking fa��ies are kept in good condition and work well for the intended users. .�:'5��,., Mr. Perez went over the existing condition of the city's bicycle have a network, but it is incomplete. The city has used Level measuring the performance of roadways. This methodolog}�x�s� The Complete Streets policy recognizes the importance f �ons analysis method used in this plan is a Multimodal LO ` rr ( (bikes, foot traffic, etc.). �s�:�.� ' The ptan proposes to add an additional 66 iles of bicyc(e a variety of facility types added. Not all des' ''ke route bicycle facilities. `°;;� '��:��,. (LOS) es. He stated we methodology for tomobile drivers. all roadway us erefore, the �vsis is based on users the existing network. There will be i�be retrofitted to add dedicated The plan proposes to add an additionai 72 miles pedes �'ties ta�he existing network. They will mostly consist of sidewalks in areas identified as % sa . g routes to schools. The plan also proposes to incorporate ne� 'ties. - ; `�"` Yl �ti... .,.. . 1 +�� .'.` � ' This is a long-term p(, �'�"� will no able to create�is network overnight. The approximate cost (in today's dollars) for the en ," opos etwork is $140`°'�`'" ion. The city must research what funding may be available. In addition, the`' � - �'tiza..ti�'`�'i crrteria to determine priority projects for inclusion in t� , prov Plan � tl ��'ransportation Improvement Ptan (TIP) as part of the formal u ocess. Co � er Long rec Engineer City of because he is the Senior Transportation Planning ated in the discussion. There was no public testimony. Commissioner �' �` sked if th an takes safety improvements into account and whether safety improvements can ded w' ut lowering the level-of-service. City Traffic Engineer Perez responded that the plan does tak provements into account, especially in regards to turning vehicles at intersections. They have arched such issues as right-turn on red and omitting the flashing yellow when pedestrians are in �e crosswalk. Commissioner Long asked if they researched allowing an exclusive pedestrian phase at a traffic signal just for pedestrians to cross in all directions. City Traffic Engineer Perez responded that was considered. There would be tradeoffs. Such a system would increase the cycle length. It would be difficult to enforce a no right-turn on red under such a system and it could lead to more rear-end collisions. Commissioner Medhurst asked of the proposed cost, how much is currently funded. City Traffic Engineer Perez reptied that the city cunently spends approximately $8 million annually that could be used for design and construction of all transportation facilities. The city will apply for appropriate grants to he �vith fundi� �^y :;�,� 4,�. r f � ._ _. ....�_._�_.� • � ��. �.- EXIi! � ��' �p� -� �. �F.,�._ .. ... _. : :C- �laa �ri�.' � ��_,z.�� .. pAGE� • .�...�...... w7 r4 . Planning Commission Minutes Page 3 February l, 2012 Commissioner Bronson asked how effective is the right-turn on red? Does it add to the flow of traffic? City Traffic Engineer Perez responded that it is difficult to say for certain. Right-turn on red can cause conflicts with pedestrians, but there are tikely to be more conflicts with right-turn on green only. From the perspective of the driver, right-turn on red is a safer move. Commissioner Long asked what is the state law regarding allowing bicycles on sidewalks. City Traffic Engineer Perez replied that the state leaves it to the city to decide and Federat Way allows bicycles on the sidewalk. Chair Pfeifer asked what is a reasonable timeline for these projects. City Traffic Engineer Perez responded that first they must be funded and that is very difficult under present circumstances. The state is collecting less revenue from the gas ta,x for road projects. The state is considering other ways of raising fund ' there is a lot of politicking that will take place before any new funding source is approve ommissioner Long commented that this plan does not appear to have any stand-alone bik ts. City Traffic Engineer Perez replied that it is a mix of stand-alone and capital projects. r�'• .� Commissioner Bronson moved (and it was secondec� to re Pedestrian Master Plan as presented. There was no further with one recused. The public hearing was closed. �,,�� proval o � roposed Bicycle and The motion''� � ' dunanimously PUBLIC HEARING — Twin Lakes Commercia! District Sub n Associate Planner Henera delivered the staf�,f report. The propos�� in Lakes Commercial District Subarea Plan provides a blueprint for the net `� hood's future gro development, and redevelopment. The proposed plan will allow the city to be h piecemeal zoning code amendments. If adopte ; Way Comprehensive Plan. It is intended to be a ving d and values of the communiry evo(ve with future g r public workshops (that wer ded and gen c (EngageFederal Way); rte rece over 1000 hif�� out press releases and � notices` usinesses in t� business, civic, and neigh re �' sentatives was c� technical assistance from CP „, �`�" . . Sv_I�,,� The plan approach to 'n the area, as opposed to ' plan will e an element of the Federal rf r., ,,,, i' that l be changed if the vision, goals, '�ns. S ' t public input through a survey, many id ), and a social media site id many left comments and discussions. Staff sent proposed subazea. A stakeholders group of ��ed to advise staff. In addition, staff sought >esi�n and CollinsWoerman. �ion o'� osed� ea is a neighborhood scaled commerce center that will contain that are un ttract ;ab , accessible, safe, and prosperous. There will be improved :destrian, bic � d tracT � ers, and opportunities for healthy food access. The proposed �four goal and y sec ' ns: • Buildin 'te Design reate an environment that is conducive to increasing foot tr�c, supportin rsifi conomic development, and providing a safe, visually interesting and vibrant e ' ce for visitors and residents of the subarea. • Economic Devel - ent & Redevelopment — Create strategies for developing new businesses using existing assets, and promote land use strategies that provide opportunities for entrepreneurship and focus on retaining local businesses. • Bicycle & Pedestrian Mobility — Enhance community livability, health, and transportation in the subarea by providing a connected system of pedestrian and bicycle ways that is � integrated into the citywide and coordinated regional networks. • Healthy Eating & Food Access — Encourage existing businesses to provide healthy food options and improve access to healthier food choices. Expand opportunities to grow, market, distribute, and consume locally grown food � � �: . # � ; EXt��s� 3 _.. � + .._� . K:,�;��o,�,�,��_�� RaGE 3._._t�F � Pianning Commission Minutes Page 4 February l, 2012 City staff suggests using a form-based code to achieve the vision. This "Form-Based Code" approach to community design wili ensure development in the subarea provides amenities that are attainable and desired tocally. Designing a form-based code is an intensive process and the city would need to have a group dedicated to designing it. A fortn-based code is a rnore illustrative document that provides predictability. It shows potential developers up-front what a building would be expected to look like. The meeting was opened for public comments. Lori De i�ore, Realtor, Federal Way Chamber of Commerce Board of thanked the staff and city for their work and the opportunity to comm� the staff is open and responsive to the needs and wants of the commu plan pmvides what people want and that it will beautify the subare w provide safe streets for bicycles and pedestrians and will ease c i: having been a part of the development of this plan. Chair — She issue. She feels �els the proposed �ed plan wili is proud of Thom MacFarlane — He also thanked the staff for the ess.'�e workshops �" well atxended and generated a number of good ideas_ He asked ho " x is plan will occur. Aiso, y ,,�, heard discussion at the workshops in regards to green d� ' ecifica��ey water), but '� g has �� been said this evening about incorporating green desi ,{",�r �; ;:� •� Sheryl Sanderson — She had attended th� second workshop. ' sue that concerns her is calling the proposed subarea a destination locat ' e is concerned `' 1 lead to more people and traffic. She is also concerned that mixed- ' ically the mul ial aspect) will lower home values. �.•� .t,,,.,.�;;:�:_ Public comment was closed. As oci this plan will occur, there w' � and City Councit meetin, nce a process and addition �will be mention it, green design i of tt destination iocation, staff do location. An ., ase th that proj and us . In r eviden at mixed-use � adv Planner H� er spon e issues raised. In regards to how ice for addit ' 1 public in , during the City Counci( committee � d, implemen ion would be through the zoning code amendment ht during this ; ge. In regards to green design, while he did not �oposed pian In�; �� ds to the proposed subarea becoming a �„ from; � e City Center being the city's main destination :LY.4t1.• ` ..Y= r �',��a ��v'tf`�a t occiti'��`any particular project would be mitigated as part of � to mixed-use zoning, Associate Planner Herrera as not seen any s �ffe�ts property values. Commissi ong asked if ropos�plan considers height increases. Associate Planner Herrera replied that i not specify t increases. The plan identifies that mixed use development will require the ne height gr r than the 35-feet currently allowed. Height increases would require a zoning code amen . Staff ommends, with community guidance, a desired height somewhere between 35 and 65 fe issioner O'Neil asked about many buildings and land is vacant. Associate Planner Herrera respon e does not have this information. Commissioner Medhurst asked if there are infill opportunities. Ass " iate Planner Herrera replied not much. Parking lots might be infilled, but the city would have to change the parking code. Currently the number of parking stails is based on the need for the day after Thanksgiving. One could ask does the city real(y need to plan to meet the need of one day. Commissioner Medhurst commented that on page 16 of the proposed plan it ta.lks about exptoring the use of zoning incentives. How would this work? Associate Planner Herrera stated that for example, the city could ailow a building to increase their height if they include a roof-top garden, or a usable (with benches, etc.) plaza. Commissioner Long asked if the public would be able to comment on any proposed projects. Associate Planner Herrera commented that a number of the city's land use review process cal( for public comments 3 . . . . . Y ` ~ � . �� r : K:1Plai�ng ��,�. oz-0�_,�� PAGE..�......�F Planning Commission Minutes Page 5 February 1, 2012 Commissioner Bronson thanked the staff for their work and commented he supports the proposed plan, but he is concerned with the name. This area is not Twin Lakes. Associate Planner Herrera stated they heard the same complaint from the Twin Lakes Homeowners Association. The city chose the name Twin Lakes because many businesses in the area have Twin Lakes in their name (such as the Twin Lakes Post Office). At the request of the Twin Lakes HOA, staff attempted to differentiate the subarea from Twin Lakes proper by titling it the Twin Lakes Commercial District Subarea Plan. Staffdid not hear much from anyone else regarding the use of Twin Lakes. There was additional discussion about form-based codes. Principat Planner Clark noted that the city would have to give direction for form-based codes to be used. .:�`�f:;., ; Commissioner Long moved {and it was secondec� to recommend Commercial District Subarea Plan as presented. There was no fu� unanimously. The public hearing was closed. ADDTfIONAL BUSINESS The next Planning Commission meeting has been res� Hylebos Conference Room (located next to the Council AD: The K:�PlanningCommission�2011�INeeting Summary 02111-12.doc to F the proposed Twin I,akes a�n. The motion carried 22, 2012, at :�``:m. in the EXt��!�:� � paGE..��.... � COUNCIL MEETING DATES: February 7, 2012, and Februar 21, 2012 ITEM #:��,� _ __ __ __ _ _ _ CITY OF FEDERAL WAY CITY COUNC[L AGEN BILL SuB.IECT: Amendments to Federal Way Revised Eode (EWRC) Chapter 19.27� "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. POL[CY QUESTION: Should the City of Federai Way approve amendments to Federal 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? CoMNttTTEE: Land Use & Transportation Committee (LUTC) CaTEGO[tv: ❑ Consent � Ordinance ❑ City Council Business ❑ Resolution STAEF REPORT BY: Deb Barker, Senior Planner MEETING DATE January 9, 2012 ❑ Public Hearing ❑ Other DEPT: Community & Economic Devetopment. Background: "Che Planning Commission conducted a public hearing on October l9, 2011, which was continued to December 7, 2011, for proposed changes to the temporary use code provisions. T'he Ptanning Commission voted to amend and forward Exhibit A to the City's LUTC. On January 9, 201 l, 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 initiat draft of Exhibit A, "Temporary Uses"; (3) Memo to the Planning Commission for the December 7, 201 l, continuation of the public hearing with revised Exhibit A; (4) Minutes of the October 19 and December 7, 201 l, Planning Commission Pub(ic Hearings; and (5) Minutes from the January 9, 2012, LUTC meeting. Options Considered: l) 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 adopt the_proposed amendments. STAFF RECOMMENDAT[ON: Staff recommends that the Council approve Option #l; adopt the proposed amendments recommended by the Planning Commission as contained in the Draft Adoption Ordinance. ,- r.,, MAYOR APPROVA�: DIRECTOR APPROVAL: cou��c COMMITTEE RECOMMENDATION I move to adopt the Planning Commission 's recommendation and forward the proposed dra, ft ordinance to First Reading on February 7, 2012. �-t " � � �' ,� , � �?,�,�,L" , '' �, .L.., �, � �-�` ,�� '� Committee Chair ' j Committee Member ` Committee Member PROPOSED COUNCIL MOTION(S): 1 READ[NG OF ORD[NANCE (FEBRUARY 7, 2012): " ! move to forward the dra� ordinance to Second Reading and enaetment at the February 21, 201? Ciry Council meeting. " Z READlNG OF ORDINANCE �FEBRUARY Z 1, 2012): " move approval of [he drajt ordinance. " (BELOW TO BE COMPLETED BYCITYCLERXS OFFlCE) COUNCIL ACT[ON: ❑ APPROVED COUNCIL BILL # �jQ� ❑ DENIED !ST reading �='�. ❑ T.4BLEDlDEFERRED/NO.�CT10N Enactment readi� ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # RE ViSED - 08i t Z/20 t 0 RESOLUTION tt Attachment to Agenda Bill Item Attachment # 1- Draft Adoption Ordinance for temporary uses 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 e�ciency 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 atso 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 automaticalty precluded from certain zones based on the code as currently prescribed; and 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 Commission conducted a study session on temporary uses on August 31, 2011; and WHEREAS, the Planning Commission properiy conducted a duly noticed pubtic hearing on the temporary uses code amendment on October 19, 201 l, which was continued on December 7, 2011, and forwarded a recommendation of approval to the City Council; and WHEREAS, a code amendment request made by a loca( car dealer to eliminate temporary car saies in the City was evaluated by the Planning Commission and ultimately not supported; and WHEREAS, the Land Use/Transportation Committee of the Federai Way City Council considered the temporary uses code amendment of FWRC 19.275 on January 9, 2012, and recommended adoption of the text amendment 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 recommended adoption of the text amendments; and WHERBAS, 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. ! 1- Page 2 oj I l Rev l/10 LU K�2010 Code Amendments�Temporary Uses�LUTC�Temporory Uses�Ordinance-! for tUTC temp uses.doc NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOI.LOWS: Section 1. Findin�s. The City Council of the City of Federa( 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 residentiat 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 imp(ement 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 Federai Way City Council makes the following Conclusions of I,aw 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 Wny Comprehensive Plan goals and policies: LUG4 Maximize efficiency of the development review process. EDP15 The City will continue to impiement 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 pians, policies, and programs. Ordinance No. 11- Page 3 of l l Rev !/l0 LU K:�2010 Code AmrndmeMS\Tcmporary Uses�tUTC�Temporary Uses'.Ordina�e- I for LUTC [wp uses.doc EDGS The City will encourage and support the development of recreational and culturat facilities and/or events that wili 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 FWitC 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, aliowing a streamlined review process for most temporary use proposals when a temporary business registration is obtained, and any potentiat impacts that are identified for the temporary uses wili 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. [mpacts for all temporary activities would be consistently cnitigated, 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 t9.275, Temporary Uses Sections: 19.275.0t0 Purpose and applicabilitv. 19.275.020 Categories �er-a�ses. 19.275.030 Zoning compliance. 19.275.839 040 Types of temporary uses, ngrocess, a�plication rec�uirements, and exceptions. 19.275.849 O50 Duration 19.275.8�8 060 Performance standards :�-�7�-0�—�l��ten i .s r,��R�; a ...e;��.:.......,� .........,... � - TTt.��.n��rr��FCj e �a a,.,-., iioir. . 19.275.070 Food tnxcks/carts. �-�7�-0� rr. �7 � . � ° -�r�v —�Ona� Ordinance No. / 1- Page 4 of I ! Rev t/10 LU K:�?010 Code Amrndments`,Temporary Uus�.LUCC\Temporary Uses�Ordinance-t for LUTC temp uses.doc 19.275.�8 080 Regulation of temporary trailers, buildings, or other structures for construction,� �°�°�:° �� ,�� temQorary business or sates, and outdoor storage containers for construction-related materials. 19.275.-i�A 090 Regu(ation of portable moving containers for temporary accessory moving activities. 19.275.010 Pur�ose and applicabilitv. , , , ,a'r' 1. +1. L. r' • r FrL. '.a r �f1.o ..:+.. Gvaa..a...v..v� ..'.. ..� '.. ....� ..�-...' ...`�...... . "__ '_..'_._"'_ " "" _'_ The purpose of this section is to establish a mechanism to permit certain tem�orarv uses and structures to be conducted on a short term basis and provide performance standards for reQUlatin� such uses and structures to ensure their compatibility with existing uses and to prevent conflicts between pedestrian or vehicular movement access to utilities or emergency response. It is recognized that certain temporary uses while creating short term noise narkin�, 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 temporar�businesses as defined in FWRC i2.25. (Ord. No. 94 § 3, 3 Ord. No. 91 § i(127.05), 12 Code 2001 § 22 i 9.275.020 Categories ��er-�-�tses. "Temporarv c�.ses" means atl uses of a short term nature or fixed duration which do not reauire permanent construction and which are approved with a specific time limit. The following categories of temporary uses are established: � Class I temporary uses are temporary uses �!�_'_ a_ ___• `-" . rT'°"'^^M , , 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; • t�e� outdoor sales, spe�se�e� ^�^�� ,.�� a ^�� ^ ^�k �- ��+:^��. swap meets• temporary stands for the sale of items , ," such as food tovs,1ewelry �oods art and crafts and firewood• food trucks/carts; and similar uses of a temporary or transitory nature or fixed duration as determined by the director. � Class II temporary uses are temporary uses that involve critical and essential human services of a nonprofit sociat services nature, inciuding 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 § 29, i Ord. No. 97 § 3, 41 Ord. No. 94209, § 3, 3 Code 2001 § 22 19.275.030 Zonin� compliance. �l � Class I temporarv uses shall only be allowed in zoning districts where the use is authorized as a permanent use pursuant to the zoning charts of FWRC 19 195 through 19.240 except as noted below. �a) Churches schools and public agencies ma_y conduct temporary uses in residential zones subject to the time limits specified in FWRC 19.275.050. �b) S�ecial event tem�orary uses such as farmers markets fairs festivals, and similar communitv- oriented uses may be allowed in any non-residential zone at the discretion of the director. �2) Class II temporary uses are allowed in anv non-residentiai zone. Ordinance No. I I- Page S of 11 Rev UIO LU K:`•2010 Code Amendments�Temporary Uses�LUTC7Temporary Usw��Ordinar�ce-1 for CUTC temp uses.doc 19.275.83A 040 TvUes of temporary uses, �Process, F� a°�:a:�� .,^�� „ r�^�°'� ��lication requirements, and exceptions. , . . , , ; , .w... twe ae ..a „�..,,.o.,.:.,t ,..� ,.v+tio .,i (1) Class I Temporary Use: (a) An application for a Class I temporary use shall beprocessed as a use process [ a�plication and can be approved if found consistent with the Lerformance standards of FWRC 19.275.060. The director shall issue a written determination approving conditionally approving, or denying the temporary use• provided that the director mav require an application to be decided under process III as provided in EWRC 19.275.040(2) when it is determined that the degree and scope of potential impacts of the temporarv use proposal warrant such review. (b) All applications for a Class I tem�oc�ar�use permit shall be submitted at least 30-da�s prior to the requested date of commencement of the temporary use and shail include: (i) A completed master iand use a�plication for a temnorary use on the form provided by the Communitv and Economic Development Department along with all required signatures and temporary use information listed in that form, includin�gned consent from the propertv owner; �) Reauired fees; and (iii) Such information as is necessary for the director to evaluate the temporary use pursuant to FWRC 19275.060. (c) Exceptions. (i) Any Class I temporary use that is required to obtain a temporary business registration pursuant to FWRC 12.25 shalt not be required to obtain a Class I temporary use permit pursuant to this chapter but shall be required to com�lv with the substantive provisions of this chapter including the zonin� comptiance ofFWRC i9_275.030. �ii) The following temporarv businesses or activities, if generally consistent with their surroundings, shall not be reauired to obtain a temporarYuse permit: �a) Residential garage or yard sales of typical size and duration; (b) Merchandise and food sales b�scouts guides and similar nonprofit organizations; �c) Typical residential-based lemonade and similar stands; (d) Charitable car washes; and (e) Tem�orary uses/activities of a similar nature as determined by the director. (iii) Parkin� lot sales that are ancillary or directly related to a�ermitted use, that operate tess than twelve (12) consecutive or nonconsecutive days within a 180-day_period, and which do not create parkin� or traffic impacts shall not be required to obtain a Class I temporary use permit. (2) � n ��c ncn .,.,a ..,.,,,.o�� rr� Class II Temporary Use: {a) All a�plications for a Class II temporary use shall be reviewed and decided upon usi� FWRC 19.275. 040 and process III. �b) All applications for a Class II temporary use permit shall include: {i) A completed master land use application on the form provided by the Community and Economic Development Department atong with all required si�natures and information listed on that form; (ii) 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(i27.10), 2-27-90. Code 2001 § 22-548.) Cross reference: Permits and certificates of occupancy, Chapter 19.20 FWRC. Ordinance No. I /- Page b of / 1 Rev U10 LU K:� Code Amendments`�Teenporery Cises`.LUTC`Trn�porary Uses�Ordinance-1 for LUTC tanp uses.doc 19.275.84A O50 Duration o„• „F+t,o .o......,,,-.,�., ,.., ..a ��,.,tt : ,.t..ae. , � , , + , , � � - � (1) Residential Zoning Districts. A temporary use ma�cc_upy a site for no more than seven (7) davs per occunence, twice within any 365-dayperiod unless otherwise regulated. The director mav authorize up to one seven (7) day extensionper occurrence if such extension will be consistent with the requirements of this chapter. Anv extension request shall be subject to applicable hourl�review fees. �2) Non-Residential Zoning Districts. A temporary use may occupy a site for no more than forty-five (45) days, whether consecutive or non consecutive within a calendar year. The director may authorize up to one fifteen �15) day extension if such extension will be consistent with the requirements of this chapter. Any extension reauest shall be subject to applicable hour(y review fees. No more than one extension mav be granted within any 365-day �eriod. (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 200L § 22-549.) 19.275.9�9 060 r'�'°�^ �� ° Performance standards rl,o .. o,�r�, .. .,r� :., rl.o : °a:..«e . «:+..- e o � ; , Approved temporary uses shall com�ly with the following,performance standards: (1) A temporary use shall not be conducted or locate on an�site or property without the express consent of the owner(s) thereof. �) In conducting the temporarv use the applicant shall com�lv with all county, state, and federal laws, and alt citv ordinances and resolutions which are appiicable to the use or the conduct thereof, and shall obtain, prior to the conduct of the business or occupancy of any site, alt required city permits, licenses, or other approvals. �3) Temporary uses proposed within residential zoning districts shall not be permitted if the cy ause si�nificant adverse impacts to residential uses, takin� into consideration the characteristics of the residential neighborhood and the scale and duration of the temporary use• (4) The temporarv use and associated structures shall be compatible, on a short term basis, with uses in the general vicinity and on adjacent pro ep rties• Ordinance No. 1/- Page 7 of // Rev 1/10 LU K�2010 Code Amrndmeots�Tempurary Uses`.L(JTC�Temporary Uses\Ordinance-I for GUTC temp uses.doc �5) Each site occupied by a temporary use shall be kept free of debris and litter, and upon completion or removal of the temporarv use all debris litter or other evidence of the temporary use and associated activity shali be removed. �) Each site occupied bv a temporarv use must Qrovide or have available sufficient off-street parking, vehicular maneuvering area and access for customers and must provide safe and efficient interior circulation and ingress and egress from a public or private right-of-wav. A temporary use that is conducted within an established parking area shall not reduce available parkin tg o the point that insufficient parking exists for the combination of uses on the site. �) All signs used in connection with any temporary use or activitv shall comply with the applicable sign regulations of the cit� �8) Temporary_uses shall not unreasonablv impact the public health or safety, or create traffic hazards. The cit�may impose additional securitv measures and/or traffic control requirements. (9) The noise associated with a temporary use shall not create a public nuisance or exceed the maximum decibel provisions of Chapter 7 FWRC. i10) The director may impose additional measures to mitigate any impacts resultin� from the temporary use. The director may exercise discretion in the app(icability 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.) j�}FE�. ��e. �4 �A� ; . . , , � � �� on c�a �nni � �� cc� � • ie�ef�ie�lt��c�vn� i o ��c nrn .,.,a :F...,..i:,...�io r�t�.,..ro.. t n�t��xro� , � in..a �r,. �n �n� �; � z i c on. n�a �.r,. nn �� r �ii �� m �� an �„ao �nni A��_SZv . . , � , • • ,, � , • 19.275.070 Food trucics/carts. (1) Food trucks/carts shall be reg;uiated as foilows: (a) Food trucks/carts that operate less than four (4) hours at a location within any 24-hour period are not considered temporarv uses but shall obtain either a business registration or a temporary business re�istration dependin� on the duration of their business activity 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: �i) A temporary use if occupying the site less than or equal to the duration allowed in FWRC 19Z75.050, or ii1 A permanent use if occupying the site longer than the duration allowed in FWRC 19.275.050. Permanent food trucks/carts shall be subject to the process and substantive provisions ofTitle 19 FWRC, consistent with a brick and mortar business. Ordinance No. 1/- Page 8 of 1l Rev t/l0 LU K:'�?010 Code Amendmrnts�Temporery Uses\LUTG1Tempormy Uses�,Ordinance-1 for LUTC taop uses.doc • .•� .. � � ... . �. �� . . .� �. .. . �.. •... � _ - - - � �� - � . . �. �� ., . �� .� �� .� , ii � �t,..:�+.....,� .,.oe t,.... ...w:,,w e:�. F.- .,,. .., o.t�.,., 2n a.,.,r�., e .��c a.,.,.. . °: � .,.,., ....� .,. , , , - in a �.r n� cco �: �iG ti n� �� n�. n a rr a� �no c� � i c �n- n.-a wr,. nn n� �: �ii�� nc�_�_�� o�� nni r �� ccc � ' ' - --- - „ , , ., , , , ., . .. Cross reference: Fireworks, Chapter 12.55 FWRC. 19.275.k�8 080 Reguiation of temporary trailers, buiidings, or other structures for construction, �ea��aEe ^�� temporary business or sales, and outdoor storage containers for construction-related materials. Temporary trailers, buildings, or other structures used for construction offices, �°°' °°•�+° °�'°° ^c� temporary 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 followin�performance standards applv: � 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_ a�-s�� ) Temporary 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 � The city may require a bond, under Chapter 19.25 FWRC, to cover the cosC of removing the temporary trailer or building, if necessary. (Ord. No. 08-585, § 3(Exh. A), L1-4-08; Ord. No. 90-43, § 2((15.135), 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. 1!- Page 9 of 1/ Rev 1/l0 UJ K:�2010 Code Amendments\Temporary UsesV.UTC�.Temporary Uses\Ordinaz�ce-1 for LiTCC tanp uses.doc 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 tots are allowed only 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, exce 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 tonger than 60 days in any 180-day period, unless approved by the director . (Ord. No. 08-585, § 3(Exh. A), 1 t-4-08. Code 2001 § 22-964.) 1 Cross reference: Temporary business reguiations, Chapter 12.25 FWRC. Section 4. Severabilitv. The provisions of this ordinance are declared separate and severable. The invaiidity 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 date of this ordinance is hereby ratified and affirmed. Ordinance No. I 1- Page l0 of !! Rev Ut0 LU K:�2010 Code Amendments�Temporary Uses`.LUTC�Temporary Uses�Ordinance-1 for UIfC teanp uses.doc 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 I: � � � : Z �lil � �n.� C � 1 � � 7 :7 u � CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CTTY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO.: Ordinance No. 11- Page ! 1 of / l Rev Ul0 LU K�2010 Code Amendmeots�Tanporary Uses\L(1TC�Temporary Uses\Ordinance-1 for LUTC temp useadoc 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" , � ,,,.� UTY Q� '� � " .- _•`_ , �e�d�ral �J1l�y STAFF REPORT TO THE PLANNING COMMISSION Pubiic Hearing of October 19, 2011 Amendments to Federal Way Revued Code (FWRC) FWRC 19Z25, "Temporary Uses" Federal Way File No. 14102133-00-UP I. BACKGROUND AND PROPOSED AMENDMENTS The purpose of the proposed text amendments is to: (a) e(iminate redundancy between the temporary use and temporary business provisions of the city code; (b) simplify the application and review process; and (c) buildin appropriate flexibility to allowa wide varieryof temporary uses, while mitigating undesirable impacts. T'he proposed amendments to the identified portions otF'ederal Way Revised Code(FWRC) Title 19, "Zoning and Development Code," together with proposed amendments to EWRC Title !2, "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 al�vays consistent. The existingemporary• use and temporary business registrationprocedures are confusina and piace unnecessary limitations on temporary uses within certain zones. As a result, the goal of encouraging economic d�eiopment is hampered at tirr►es. [n a study session conducted on September 7, 20l 1, the Planning Commission provided direction to staff on a number of topics related to temporary uses and temporary businessegistrations At this time, the Ptanning Commission is being asked to review th�roposed changes to EWRC 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 Titte 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 C� and a(so discuss the proposed cha►ges within the staff report This proposed code revision is part of the 2010 Planning Comrr►ission Work Progra�ras adopted by the City Council. ----._II.._ -- ANA[,YSLSQEPRQP_C2SED C�D� AM�N.��1ENT� __ __ _ _ ----- _ -- __ -.__-_--_ _ ._ ___ A. Proposed Code Amendments The proposed amendments woutd modify partions of the temporary use section under FWRC 19.275, (as weli as portions ofFWRC 12.05 and FWRC 12.25) for the foltowing results: Establishes that temQorary use approval will not be required �chen a temporarbusiness registration is requirec�; Temporary uses sha(1 operate no ��ore thau 90 days wiih the potential of c�n�0-day extension per year; and � Temporary uses must cornpl} �vithspecif�c performance star�dard;. T�he draft code amendment is enctosed asEx�ribit A. Language proposed to be deleted is shown as sEr��eettt format, whi(e proposed new language would be shownas underline_ B. Rationale for Proposed Changes Currently, the temporary uses chapter ofthe city code is inconsistent with and partially redundant to, the tempocary businessregistrationcode provisions. For example most temporary uses are required to obtain both a temporary use permit and a temporary businesaegistration Additionally the temporary uses chapter is inflexible regarding what type� of temporary uses are allowed in various zones. The ratio�ale for the proposed code amendments is to correcthe above referenced prob(ems. The proposed code amendments wil( result in the following improvements: (a) applicants will be required to obtain only one city approval (in most cases a talporary businessreDistration); (b) time (imits and exemptions wilt be standardized between temporary uses and temporary business registrations and (c) temporary uses will be allowed based upon meeting defined performance standards (and wi(I not be autom�ically precluded from certain zones based on use ashe current code prescribes)_ The proposed code amendments wi(1 lead to the fol(owing specific improvemeots: (a) staff wil! have a c(ear understanding of the review and approval process for temporary u� (and businesses); {b) applicants wi(t have a clear understanding of the application process; (c) applicants will benefit from a strearr�lined review process; and (d) appticants will have more fleribility as to the types of temporary uses that are al(owedThese improvements are intended to create an improved business climate, especially for smalt businesses. One downside of the proposed amendments, from a city fscal perspective, is that by eliminating the requirement for applicants to obtai� both a temprary use percr�it and tempocary business registratioq the city ioses fee revenue (both because onty one fee is charaed and because that fee is the lower of the two fees).As a resutt, city staff wil( invest essentially the same resources in review and prooessing time, but receive less fee revenue to cover the cost of that work. Given the overali benefits of the proposed code amendments, as described above, and the fact that we process only a smal( number of temporary use permits annually, it is feit that � minor subsidization of temporary use is an acceptab(e tradeoff. III. PROCEDURAL SUMMARY _Public_notice of_th�Qctohet 19, 2011, Planniag_�.nmmission publi�_hearing�as.published on __ October l, 20i 1, and Qosted on September 30, 201 (, in accordance withthe city's procedural requirements. As of this date, no comments have been received from the public on this proposal. I Most if not all land use reviews are subsidized in that review fees are not adequate to cover the actual cost of pertnit intake, review and issuance_ Proposed Code Amendmenu, Temporary Uses File tf 10-102133-00-UP October !9, 20! i. Planning Commission Staff Report Page 2 of=t IV. DEC[SiON�1L CRITER[A FWRC Chapter 19.80.130 provides criteria for zoninj text amendments. The foito�vina section analyzes the compliarce of the proposed zoning text amendments with the criteria proL ided by this chapter. The city may amend the text of the FWRC only if it tinds that: i. The proposed amendments are consistent with the applicabie provisions of the comprehensive plan. The proposed FWRC text amendments are consistent �vith the follo�vin�'edera! Way Comprehensive Plan (FWCP) policies: LUG4 Maximize efficiency of the devetopment revie�v process. LUP6 Conduct regutar reviews ofdeveiopment regulations to determine how tomprove upon the permit review process_ EDP15 The City wil( continue to implement a stream(ined permitting process consistent with state and federal regulations to reduce the upfront costs of tocating businesses in the City_ EDP18 The City will periodically monitor loca( andregional trends to be abte toadjust plans, policies, and programs. EDGS The City witl encourage and support the development of recreationa! an�ulturai facilities and/or events that will bring additionai visitors to Federa4Vay, and/or increase visitor spending. EDG6 The City will encourage and support existing businesses to remain and/or expand their faci(ities within Federat Way. Z. The proposed amendments bear a substantial relationship to public health, safety, or we(fare. The proposed FWRC text amendments bear a substantial retationship to the publ+c health, safety, and tivelfare because they will aliow a streamlined review process for most temporary use proposals as temporary businessregistrationsare obtained. The temporary busness registration provides the same (evel o�'review of a temporary use proposa( with less cost and a shorter review time for the applicant. Any potentia( impacts that are identified for the temporary businesses will be addressed through existing codes or mitigated ttiroughconditions imposed by the city. 3. The proposed amendments are in the best interest of the residents of the city. Approvai of the proposed text amendments would benefit the city as a whole as the amendments would provide consistency for those temporary uses or temporary businesses that operate in the city. (mpacts for all temporary activities would be consistently mi�ated, and the processes clarified. (t is in the best interest of the residents of the city that the city identifies and eliminates regu(atory redundancy in the municipai code_ ------------- ---____ _ _ _--- _ _ _ _ _ _ _ _ - - — --- —_ _ __ _.__ ----__ -- __ . V. STAFF RECOMMENDATiON Based on the above staff analysis and decisionai citeria, staff recommends that the following amendments to FWRC Title IS� "Zoning and Development Code�" be recommended for approval to the Land Use/Transportation Committee (LUTC) and City Council. Proposed Code Amendments, Temporary Uses Fiie # 10-142133-00-UP October (9, 20i i. Planning Commission Staff Report Page 3 of 4 l. Modifications(as identiFed in Exhibit A) to FWRC Sectioii t9.27� `'Temporary Uses." VL PLAIYIYING COMMiSSIOIV ACT(ON Consistent witfi the provisions of EWRC Chapter 19.80.240, the Planning Commission may take the fo(towing actions regarding the proposed development code text arnendments: t. Recommend to theCity Council adoption of the EWRC text amendments as Qroposed; 2. Modify the proposed FWRC text amendments andrecommend to the City• Counciladoption of the EWRC text amendments as modified; 3_ Recommend to the City Councii that the propo�d EWRC text amendmentsnot be adopted; or 4. Forward the proposed EWRC text amendments to he City Council without arecommendation. EXHIB[TS Exhibit A — Proposed Code Amendment: • EWRC Title t9, "Zoning and Deveiopment Code," 19.275 '`Temporary Use" For reference onty. Exhibit B— Proposed Code Amendment: • EWRC Title 12, "Businesses," (2.05.040, "Business Registration" For �ejerenee only. Exhibit C— Proposed Code Amendment: � EWRC �I'itle 12, "Businesses;' 12.25, "Temporary Busines�s" Proposed Code Amendments, Temporary Uses File � l0-102 1 33-00-UP Oc[ober 19, 201 i, Planning Commission Staff Report Page a of �i EXHIBIT A October 13, 2011, Planning Commission Staff Report Proposed Code Amendment Federal Way City Code Tit1e '19, Zoni�g and Development Code Chapter 9 9.275, Temporary Uses' Sections: 19.275.0 l0 �1�e�{st�e�-Purpose and app(icabilitv_. 19275_020 Categories e€-Ee�pe�ses. i 9.275.030 Process, app(ication requirements, and exemptions. 19.275.040 Duration 19Z75.050 r'�:«°�° � �- : ° performance standards T°-:��988 �e��l: �-�.. �T i9.275.k-FA 060 Etegulation of temporary trai(ers, buildings, or other structures for construction,-fea� °- *°� ��; temporarv business or sates, and outdoor storage containers for construction-related materia(s_ 19.275.�8 070 Regu(ation of portab(e moving containers for temporary accessory moving activities. 19.27�.010 Purpose and applicabilitti�. , , F ..� .1:�:...... ., 1�„ :., rL.o 1.o�r :.,to..��t.. ..Ftt,� ..0�:.1�.,r� ,.Frl.� ,.:+.. .. . -� --- �i -- --• ---- "-°- °-^--.._.. _.. �.._ . _....._.._., .,. _.._ � .> . The purpose of this section is to estab(ish a mechanism to permit certain tem�orary uses and structures to be conducted on a short term basis, and �rovide �erformance standards for re u� latin�such uses and structures to ensure their compatibiiitv with existing uses and to prevent conflicts between pedestrian or vehicu(ar movement, access to utiGties, or emergency res�onse. [t is reco�nized that certain temporary uses while creating short term noise parking, and traffic issues, are bene�ciat to the residents of the citv and should be allowed. It is aiso recognized that certain temporary uses are also temporarv businesses as defined in FWRC 12.25_ (Ord. No. 94 3 3, 3 � Ord. No. 91 t( 2, 3 1(127A� ), 1 Z !. Code 200 (§ 22 19.275.020 Categories e€-�exr�ei-•at3�-trses. "Temporary uses " means all uses of a short term nature or fixed duration, which do not require perrrtanent construction and which are aQproved with a specific time iimit. When approved by the director, temporarY uses include those uses that ma o� r may not be expressiv aliowed pursuant to the use zone charts of FWR� I9.T�3S tiu T9.24Q: _ _ - ---- __---------------- The fot(owing categories of temporary uses are established: � C(ass [ temporary uses are temporary uses t"^f a^ ..^� �" ..�a°� r''°�� rr *°m�^�^^r ^°°�_, such as seasonal retai! sales of agricultural or horticultural products such as vegetable, fruit or flower stands; farmers markets; community festivals, circuses, carnivals, fairs, concerts or simiiar transient amusement, cultural, or recreationat activities; fundraising events; t�eF outdoor sales, swap meets or flea Exhibit A, October i 3. ZOi 1 PC Stat�' Report Page i of � markets� temporarv stands for the sale of items such as food toys jewelry �oods art and crafts and firewood; mobile food and similar uses of a temporar�� or transitory nature or fixed duration as determined bv the director. , , " . � Class ([ temporary uses are temporary uses that invotve critical and essential human services of a noiiprotit socia) services nature, including food banks and/or clothinD banks, but not including homeless shelters, when the clirector determines that the conditions prompting such proposa( are of a critical and temporary nah�re. (Ord. No. 09-�9;, 3 29, 1-6-09; Ord. No. 97-?9(, � 3, 4-1-97; Ord_ No. 94-209, � 3, 3-15-94. Code 2001 § 22-547.) 19.27�.030 Process, application requirements. and exceptions. � - - • > � , ( t) Class i Tempora�v use: (a An application for a C(ass [ temporary use sha11 be processed as a use process I a�piication and can be approved if found consistent with the performance standards of EWRC i9.275.050. The director shall issue a written determination approving conditionally aQproving�or denyin�the temporarX use; provided that the ciirector mav require an a�plication to be decided under process III using FWI�C 19.275.030(2), when it is determined that the deQree and scope of potentiai impacts of the tem�orary use proposal warrant such review. (b) A(i applications for a Class [ temporary use p�mit shall be submitted at least 30-days prior to the requested date of commencement of the temporary use and shall include (i A completed master land use a�plication for a tempocar�use on the form provided b �the Communityand Economic Development Department aton��with a(1 required signatures and temporary use information listed in that Farm including signed consent from the �roperty owner (ii) Required fees; and (iii) Such information as is necessarv for the director to evaluate the temporary use pursuant to EWRC (9_275.050. (� Exceptions. i Any_Class ( temporarv use that is required to obtain a temporarv business re�istration pursuant to EWRC 12.?� sha(t not be required to obtain a Ciass t temporary use permit putsuant to this chapter but shalt be required to comply �vith the provisions of this chapter and more specifica(lv the performance standards of E WRC 19.275.0�0. �ii) The followin� temporary businesses or activities if �eneratly consistent with their surroundings, shaU not be required to obtain a temporary business reaistration �a) Residential gara�e or yard sales of typical size and duration �Z Merchandise and food sales bv Gir( Scouts and simi(ar or�anizations; � Typical residential-based lemonade and similar stands• (d) Charitable car washes and (e) Temporary uses/activities of a simiiar nature as determined by the Director. (iii) Parking lot sates that are anciilary or directly related to a�ermitted use that operate less than twe(ve ( l 2) consecutive or nonconsecutive days within a 180-dayperiod and which do not create �arkin� or traffic im pacts shall not be re�uired to obtain a C(ass t temporarv use permit _ _� - - � - -_ _ _ __ __ _. __ _--- - --- ------.-- _ . _ �� c ncn .,..a „..,,,.�� rrr C(ass [I Temporary Use: �.zTr� (a) All applications for a Class [i temporary use shatl be reviewed and decided upon using; FWRC 19_275.050 and process [t[. (bZAli a�plications for a Class [I temaora _ry usepermit shall include: Exhibit A, October 13, 2011 VC �taff Report Page 2 of i i A completed master land use a�plication on the forrn provided by the Communi and Economic Development D�artment, alona with al) required signatures and information listed on that form; {ii) Required fees; and �iii) Such information necessary for the director to evaluate the use pursuant to EWRC 19.275.050. (Ord_ No. 09-�94, § 1�0, l-6-09; Ord. No. 94-209, § 3, 3-1 �-94; Ord. No. 90-43, § 2( ( 27.10), 2-27-90. Code 200 t 3 3Z-�48.) Cross reference: Permits and certificates of occupancy, Chapter 19.20 EWRC. 19.27�.040 Duration ., i,..,,. . ,: «�. ., � i :., v ...., t • r . a ' ��. . � a + b • v • � ♦ 1 I � • ' . � � L ♦ ' No temporary use shatl occaQy a site or operate within the city for more than 90 days within any � calendar vear, whether consecutive or nonconsecutive, unless otherwise regulated. A temporary use mav � operate for an additional 90 days, whether consecutive or nonconsecutive, when the directoc determines that such extens+on wil( be consistent with the requirements of this chapter. Any extension request shall be subject to aQplicable hourtv review fees. No more than one extension may be granted in a calendar +�ear. (Ord. I�fo. 09-594, §(�(, 1-6-09; Ord. No. 94-209, § 3, 3- ( 5-94; Ord. No. 90-43, § 2{ 127.15), 2-27-90. Code 2001 �\ � 22-�49. ) 19.27�.050 �'��•°--�° � --' ° Performance standards T�.� �..f.� rv. ..f .� Fomr.�.v..-.i . .-..�..h �..�.r .�.k �..�n 4�...h• ...v va�) aa.uj biasua u wcu . � � s Approved temporary uses shall com�lv with the following performance standards: ( t) A temporarv use shall not be conducted or locate on any site or �ropertv without the ex�ress consent of the owner� thereof. {2) in conducting the temporarv use, the a�pticant shall comQlv with all county state and federal laws, and a!1 city ordinances and resolutions which are aaalicable to the use or the conduct thereof. and or licenses, or other a� rp ovals. (3) Temporary uses proposed within residential zonin� districts shall not be permitted if the�cause si�nificant adverse impacts to residentiat uses, taking into consideration the characteristics of the residentia( neighborhood and the sca(e and duration of the temporai,y use. Gxhibit .q, Uctober 13, 2011 PC Sta#f Report Page 3 of � (4) T'he tem�orarv use and associated structures shall be compatible on a short terrn basis, �vith uses in the �eneral vicinity and on adjacent properties. (�) Each site occupied bv a temporarv use shatl be k�t free of debris and litter and upon completion or removal of the temporarv use ali debris litter or other evidence of the temporarv use a�td associated activitv shal! 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 ePficient interior circulation and ingress and e�ress from a public or private right-of-way_ A temporary use that is conducted within an established parking area shall not reduce avai(ab(e parkin t� o the point that insufficient�arking exists for the combination of uses on the site. (7) All signs used in connection with anv tem�orary use or activity shalt comalv with the a�pticable sign regulations of the city. �) T'em�orarv uses shall not unreasonably impact the�ublic health or safely, or create traffic hazards_ The city mav im�ose additiona( security measures and/or traffic control requirements. {9) The noise associated with a temporary use shall not create a pubiic nuisance or exceed the maximum decibe! provisions of Chapter 7 FWRC. � l0) The director mav impose additionai measuces to miti ag te anY impacts resuiting from the temporary use The Director may exercise discretion in the aQplicabi(it�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.) rn a sr„ on �na c � �� n�. n.a ar„ nn �� r�� e� �� on �� 2nnt �e �� :e� i • • .. , a , -� _ , .�. ...,. .., . , a - � - _ .. _ - n _ _. _ -. ---- --- - � -- -- -°. v - . . t � • ' rn a wr �n �n� c� � i: �n. n..a wr,. on nz � �i�� m �� on r„ao �nn�_��2.�t�� . . - + -•- -- - •---------- --•�-.------��-- ---- - � , � �f _ i► � 1 � 1 � � a 1 t � � • �.� � ► � � � � � i I 1 1 � . � � � � ' „ :'f � / � �� 11 �� • �{ � �1 �l �1 > Exhibit A, October 13_ 2011 PC Statf Report Page 4 of � `� � rt,�.� :' :u� i.°� ��*� ::;;:�:: �n.�< i ,. ..., �..�,.� �::�.. �� u^ ... .,. ,r '-�� " . ... . � .�,j � .. �.> � a � � �n�a �r„ m c:o �^ic.,�, d� �� n�• n,� wr o ��no c � i: �,�- n.a nr.� on n� � �� n ci >> on r, a �..,.... ...,..,, �� , s ��.�n.,. . , . . _ , , - . _ � , _ _ � �nn� a �� cc: i� Cross reference: Eireworks, Chapter 12.» FWRC. 19Z75.-1�A 060 Regulation of temporary trailers, buildings, or other structures for construction, , temaorarv business or sales, and outdoor storage containers for construction- related materials. Temporary trailers, bui(dings, or other structures used for construction offices, �°°' °�«„to ...,,o� e€�ses temporary business orsales, or outdoor storage containers used temporarily to store construction materials, and normat(y 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 [ approval, or integration into the land use process applicable to the underlying project_ The followin�performance standards �plv: � TemQorary trailers, buildings, or other structures and outdoor storage containers permitted under this section may not be located in required yards, except as noted in E WRC l9. i 25.160{ 10), unless permitted in writing by the director . � Temporary outdoor storage containers for construction-related materials storage sha(1 be placed to minimize visibility from surrounding streets, pedestrian areas, and properties, �� (3) Temporary outdoor storage containers should be painted a neutrai co(or and/or screened from view if necessary to minimize visual impacis 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, un(ess permitted in writing by the director ao o�� ..... � The city may require a bond, under Chapter L925 EWRC, to cover the cost of removing the temporary trailer or building, if necessary. (Ord. No. 0&�85, § 3(Exh. A), ( 1-4-08; Ord. No. 90-43, § 2(1 l5_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, EWRC Title i3. 19.27�.�3A 070 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 altowed only one container at any time; (2) The size, materia(s, and design of the container must be consistent with the moving industry standard for the particular use and setting; (3 ) Containers may not be ptaced 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 �«, ��*�� a��•��-��* � �_ (Ord. No. 08 § 3(Exh. A), l t-4-08. Code 2001 § 22-964.) i Cross reference: Temporary business regulations, Chapter 12.25 FWRC. iC120i0 Code AmeodmentslTemporary UseslPlanning ComrrtissionlStaff Report to PC1Exhibit A Temp Use.doc Exhibit A, October 13, 2011 PC Staff Report Page � of � EXHIBIT B October 13, 2011, Pianning Commission Staff Report Proposed Code Amendment Federal Way City Code Title 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 12.05.070 12.05.080 12_05.090 i 2.OS. i00 12.05.1( 0 12.05. l20 12.05. l30 l 2.05. l 40 12.05. l 50 12.05 _ t 60 l 2.05.170 ( 2A�_ 173 I 2.05. l 75 I 2.05. l 80 12.05. l85 12.0�. l90 ( 2.05_200 I 2.05.210 12.05.230 Enforcement and authority. Appiicability. Definitions. Penalties and violations. Processing procedure_ Business registration. Application. Payment of fees — De(inquent payment. Exemptions_ Application for exemption required. Home occupations. Separate (ocations. Joint registrations. Agents responsible. Posting required. Change of address_ Nontrans ferab le. Mailing of notices. Revocation — Suspension — Denial. Emergency suspension. Notice of suspension, revocation, deniat or civil penalry. Effect of registration denial, revocation or suspension. Reinstate�nent procedures and standards for revie�vina 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 title and has the authority to administer and enforce this title and any such rules and regulations. It is unlawful to vio(ate or fail to comply with any provision of this titie or any such rute or regutation_ --�n��r-�. a�-�-s�, § 6, _� -6-��_ �ade zoai § 9-2a _ _ _ _ _ _ _- - --_ _ _ 12.05.003 AQpticability. Unless otherwise specified, the provisions contained in this chapter app(y to licenses and regulations under any chapter in this title_ (Ord. No_ 09-599, § 7, 1-6-09. Code 2041 § 9-3_) £xhibit B, Octaber 13, 2011 PC Staff RepoR Page t of 8 12.0�.010 Definitions. The definitions in this section apply throughout this title unless the context clearly requires otherwise_ Terms not defined here are defined according to EWRC 1.05.020. "Business" n�eans vocations, occupations, professions, enterprises and establishments and all other activities and matters conducted for private proFt or benefit, either directly or indirectly, anywhere within the city, . "Premises " means all lands, structures and piaces, and also any persona( property which either is affixed to, or is used in connection with any such business conducted on such premises. , , , , (Ord. No. 09-600, � 4, 1-6-09; Ord No. 91-86, § t(2), 2-5-91. Code 2001 § 9-26_) 12.05.020 Penalties and violatioas. (1) Criminal penalties. Any person failing to obtain or renew his/her business ;;�� registration, or otherwise violating or faiting 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) Civi! 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 sha(1 be $(00.00 for the first violation, $200.00 for a second vio(ation 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 vioiation of the same nature or a continuing vio(ation in excess of three not including fees, costs, and assessments. (3) Other [egat remedies_ I�lothing in this title limits the right of the city to pursue other lawfui, crimina(, civil or equitabie remedies to abate, discontinue, correct or discourage any un(awful acts. (Ord. No. 09-�99, 3 8, t-6-09; Ord. No_ 00-370, § l, 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: ( t) Adopt a(1 forms and prescribe the information required to implement this title. (2) Submit aii applications to the community and economic development department, building . division, fire department andlor police department for their endorsements as to comptiance by app(icant with al! city regulations which they have the duty of enforcing. (3) Notify any applicant o�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 wou(d be detrimental to public peace, health or welfare, or that such application is not in compliance with any applicable city reguiations. Upon deniat the clerk shal I notify the applicant of the denia(, the written findings, and the process for appeal. {5) [ssue � registrations to all persons qualified under the provisions of this title. (Ord. No. 09-599, § 9, 1-6-09; Ord. No_ 91-86, § I(4), 2-5-9 L Code 2001 § 9-28.) 12.0�.040 Business registration. No person shall transact, engage in or carry on any business, trade, profession, occupation, catling or activiry in the city of �ederal Way wif�iouf f rst fiaving been issuea proper and cur�ent reg�stration, or i� ---- -- -- - applicable, a temporary business registration as provided in EWRC 12.25.020, in addition to any other required federal, state, local, or city licenses; uniess the person has filed and qualified for exemptions therefrom. (Ord_ No_ 09-599, § l0, (-6-�9; Ord_ No_ 91-86, § l(i), 2-5-91. Code 2001 § 9-29.) Exfiibit 8, October t3, 201 l PC Staff Report Page 2 of8 t2A�.0�0 Application. ( t) Every person required to procure a�� registration under this title shall submit an appiication to the city clerk on forms provided by the c(erk. The application sha(I include at a minimum the following 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 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 cocnplete upon the applicant's provision ofa(! required information, including identification of "none" where that is the correct response, and the applicant's verification, under pena(ty of perjury, that the informaxion contained in the appiication is true and that the application is complete. (2) `fhe application for °�� registration shall be accompanied by the fuil amount of the fee chargeable for such �m- registration. (3 ) T'he city cierk shall issue a receipt to the app(icant for the money paid in advance. Such receipt shail not be construed as the approval of city eterlc 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 taw. (4) A duplicate ��;- registration may be issued by the city clerk to replace any I�iseese-ef registration previous(y issued which was lost, stolen, defaced or destroyed, upon filing by the �seHSee-eF registrant an affidavit attesting to such fact and the paying to the city clerk a fee in the amount of $( 5.00. (5) Any person or business possessing a current va(id �e�se-e� registration under this chapter shall submit a new app(ication within 30 days oEany 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 wi11 not require a fee. (Ord. No. 09-599, § 1(, i-6-09; Ord. No. 03-440, � 1, 3-i8-03; Ord. No_ 91-86, § I(3), 2-�-91. Code 2001 3 9-30_) 12.0�.060 Payment of fees — Delinquent payment. ( t) Each initiai reaistration 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 c(erk_ The fee schedute shall include a rate for the initiai year's registration and an annua! 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 shalt be deemed delinquent on February t st. As to any business commenced during any year, the fee shal( be due and payable on the first day that business is transacted or carried on. (�l) Alt new businesses initially registered in the iast quarter of any year are exempt from payment of the next year's business registration renewal fee. (� ) Any new businesses having to pay a special license fee shali be exempt from the payment of the initial year's business registration fee. (6) Eailure to pay any registration fee due withia 30 days after the day on which it is due and payable shall resutt in a penalty of five percent or $5.00, whichever is higher, on the amount of the registration _ fee, and an additional penatty oP five percent or $5.00, whichever is higher, for each succeeding month of _____ . delinc�uency or .�art thereof, but_shall not exceed a total penatty of $25.00 or 25 percent of the amount of _ - ..._ -- _ - -- - - - such registration fee, whichever is higher. (7) T'he registration fee levied in this chapter shalt be in addition to any other fees provided for in any other ordinance or Qrovision of this Code, except as otherwise provided. {o�a. rro. oaa�2, § i, i2-�-oa Ord. No_ 91-86 §�ts�, �is> 2-5-91_ Code 2001 § 9-31_) Exhibit B, October 13, 201 i PC Staff Report Page 3 of 8 12.4�.070 Exemptions. The foi(owing shal( be required to obtain a registration under this chapter, but shall not be required to pay any fee: ( f) Business activities carried on by r�onprofit ocganizations, includin� but not limited to reli�ious, civic, charitable, benevolent, nonprofit, cultural or youth or�anizations. , - - - , > tio..oF:+� ..,. ..e« c..«ti :.. �r�a� �n i� n�n .,.,a �n �� nn (3-2) Any business or activity which is exempt from payment of such fees as prescribed by this chapter by virtue of applicabie provisions of the federai or state Constitution or app(icable federal or state statutes shall be exempt from the registration requirement of this chapter. (43) Any religious society, association or corporation which operates any charitabie hospita(, clinic or institution devoted exclusiveiy to the care or healing of human beings. {3 4) Any farmer, gardener or other person who se11s, delivers or peddles any fruit, vegetables, berries, butter, eggs, fish, mitk, 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. 91-86, § i(6), 2-5-91. Code 2001 § 9-32.) 12.05.080 Application for exemption required. " Any person ctaiming exemption from the requirements of this chapter shal! file with the city clerk the usuai registration apptication 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, §((7), 2-5-91. Code 2001 § 9-33.) 12.05.09l1 Home occupations. The business registration fee for businesses operating as home occupations in residential zones sha11 be the usua( business registration fee_ (Ord. No. 09-�98, § 2, i-6-09; Ord. No. 91-86, § t(8), 2-5-91_ Code 200t � 9-34.) Cross reference: Home occupation zoning reguiations, Chapter i9.270 FWRC. 12.0�.100 Separate locations. A separate �ieexs�e� registration shall be required for each branch, establishment or location of the business engaged in, as if each such branch, estab(ishment or location were a separate business; provided, however, warehouses and distributing plants and storage yards used in connection with and incidental to a business �iseesed-s� 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 ptants and storage yards shalt be shown on the application for the business �� registration, and must comply with the provisions of a!1 city codes. Each 1�et�seef registration sha(t authorize the �ie-��see-ef registrant to transact and carry on only the business ��°�T registered thereby at the location or in the manner designat�d in such �tsease-ef registration. (Ord. No. 09-599, § 12, 1-6-09; Ord. No. 91-86, § 1(9), 2-5-91. Code 200t § 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 reg for conducting each of such businesses; provided, when eligible, the person shall be --- ---�— --- issu�ne registration whicfi specify on its �ace aIi such�usuiesses� Appiica�ions �fo`r sucfi joinf ------- � - registration shall tist 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, t-6-09; Ord. No.91-86, § t(10), 2-5-9i. Code 2001 § 9-36.) Exhibit B, October l3, 201 l PC Staff Report Page 4 of 8 12A�.120 Agents responsible. T'he a�ents or other representatives of nonresidents who are doin� busine,s ir� the city shall be persona((y responsible for the compliance of their principals, and the businesses they represent, in regards to the requiremet�ts of this title. {Ord. No. 09-�99, 3 1=1, l-6-09; Ord. No. 9 l-86, �((1 I), 2-�-91. Code ?00 t 3 9-; 7. ) 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, § l�, 1-6-09; Ord. No. 91-86, § i{12), 2-�-91. Code 2001 3 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 piace 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. 09-599, § Ib, 1-6-09; Ord. No. 91-86, § 1(13 ), 2-�-91. Code 200 i§ 9-39. � 12.05.1�0 Nontransferable. �� E�egistrations issued pursuant to this title shall not be transferable by the �� 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 satis6ed the requirements of this titte, the surviving spouse, partner, or officer may operate under the existing 4iEeese registration for a period not to exceed 90 days. (Ord. No. 09-599, § i7, 1-6-09; Ord_ No. 91-86, § l(14), 2-5-91. Code 2001 § 9-40.) 12.05.160 Maiting of notices. Uniess otherwise provided, any notices required by this titte to be mailed to any I-ie�se� registrant or app(icant shail be sent by ordinary mail, addressed to the address ot the �:�� registrant or applicant as shown by the records of the city clerk, or if no such address is shown, to such add�ess the city clerk is able to ascertain by reasonable effort. Failure of the :-�.� reaistrant or applicant to receive such mai( notice shall not release the l�e�see 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 titie. Secvice shall be deemed complete upon the third day fotlowing the day upon which the notice is placed in the mail, unless the third day falls on a Saturday, Sunday oc legal holiday, in which event service shall be deemed complete on the first day other tl�an a Saturday, Sunday or legal hoiiday fol(owing the third day. (Ord. No. 09-599, § t8, 1-6-04; Ord. No_ 9i-86, � 1((6), 2-�-91. Code 200t § 9-41.) 12.05.170 Revocation — Suspension — Deniai. The clerk may revoke, suspend, or deny a �;�rbusiness registration issued or requested under this title for any one or more of the fol(owing reasons: ( I) The #ieeNSee-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, faiis 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 loca( laws or regulations, including any provision of this Code; (2) The �see-eF registrant, or any manager, officer, director, agent or employee, while acting wrtfi� et�e �cdpe o�emptoycn��tt, op�rat�sttt� or activities in a manr�er which; oraltaws the . business or activities to become an instrument or a cover that, creates a nuisance or otherwise endangers the pu6lic health, welfare or safety; (3) "['he issuance of the �� registration was issued through mistake or inadvertence, without authority or power, or in vio(ation of any appticable federai, state or iocal laws or regulations; Exhibit B, October 13, 2011 PC Staf#' Report Page � of 8 (4) The �� ebistracion was procured by fi or false represeiitation of facts, including through an application that contains false or misleading statements, evasions or �uppression of material Pacts; (�) The �ee-e� registrar�t has been or is convicted of infractions, crimes, or offenses within 10 years which have a connection to the business or activity, or the :�� egistrant's agent or employee is convicted of such offense on the subject premises when the �;,� registrant icnew or should have known of the viotations; (6) The registrant has had a business �seese-e� registration denied or �evoked by the ciry within one year prior to the date of an application. A�tee�se�ef �egistration procured by fraud or misrepresentation shal) be revoked. Where other viotations of this title or other applicabie ordinances, statutes, or regulations are found, the �� registration shall be denied or suspended for a period of 30 days upon the tirst such violation, 90 days upon the second viotation within a 24-month period, and revoked for third and subsequent vioiations within a 24-month period, not including periods of suspension. (Ord. No. 09-599, §!9, (-6-09; Ord. No. 03-440, � 2, ;-(g_03; Ord_ No_ 9�-231, g l, 4-�I-95; Ord. Na 91-8b, § I(17), 2-5-91. Code 200t § 9-42.) 12.05.173 Emergency suspensioa [n the event of conduct or activities which create an imminent risk of harm to pub(ic hea(th, safety or welfare, or where the Federal Way building of�icial, 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 �iser�se-ef registration of such business may be summarity suspended. The n�,� registrant shall be notified in writing of the grounds for suspension. Notification shalt be by persona! service or by registered or certified mail_ Such suspension shali remain in effect unti) further order by the city or appeliate body. (Ord. No. 09 § 20, 1 Code 2001 � 9 i2.05.1751Yotice of suspension, revocation, denial or civit penalty. Prior to denial, suspension, or revocation of a�i� registration under this title, or imposition of a civil penalty, the �� registrant shall be notified in writing of the jrounds 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 �e�tse-e� registration shait be effective 14 days after the date of service of the notice of suspension or revocation untess such action is appealed by registrant in the manner described herein. (Ord. No_ 09-599, § 21, 1-6-09. Code 200 I� 9-42. �. ) 12.05.180 Effect of registration denial, revocation or suspension. [f any registrant has a business �ieet}s� registration denied or revoked for any reason, a new business ��;,;� registration shali not be granted to the �esease�ef registrant or any entity in which the �iseRSee-eF registrant has an ownership interest for a minimum period of one year from the date of such denia! or revocation and at( 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 l+Eeese-ef registration for no more than six months. During the period of any suspension, all business activity shall cease. When a�ise�seeF registration is denied, revoked, or suspended, the app(icant may appeal such decision pursuant to the process descri6ed in �WR� I2.0�_200 et seq_ Suc� appTicanf sha(Cnot engage in the 6usiness for -- which the �ie-erise-af registration was denied, revoked, or suspended un(ess or untii a �� registration is issued or reinstated pursuant to an administrative or judicia! judgment ordering the same. (Ord_ No. 09-599, § 22, i-6-09; Ord. No. 9�-23 �,§ 1, 4-4-95. Code 200 i§ 9-43.) Exfiibit B, October t3, 20! ! PC StaffReport Page 6 of 8 12.0�.18� Reinstatement procedores and standards for reviewing an application for reinstatement. At an}• time foi(owing the expiration of the revocation or denial period, a;;�:T�� registrant may apply for reinstatement of the �+ee�se-ef reDi�tratioa, or an application for a new business may be sought. A hearing shail be held pursuant to the procedu�es under FWRG i2.0�?00 et seq. (Ord. No. 09-�99, §?;, i-6-09. Code 2001 � 9-43.�_) 12.0�.190 ivotice oC hearing. i'rior to suspension or revocation of a�m registration under this title, the 4+e-e�se� registrant shall be �oti6ed in writing of the �rounds for suspension or revocation of the registration Suspension or revocation of the �� reaistration shall occur i0 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. (O�d. No. 09-�99, § 2=i, 1-6-09; Ord. No. 9�-? 3 f,§ i,�-4-9�; Ord_ No. 9 i-86, j I(( 8), 2-�-9 !. Code 200 t§ 9-44. ) 12.05.200 AppeaL ( t) Generally. Any person fatiing under the provisions of this tit(e may appeal any revocation, suspension, or deniat of a��T registration, the assessment of any penalty, or any other acts designated under this tit(e as appealable or entitled to a hearing examiner hearing, to the hearing examiner '� by ftling a written notice of appeal, specifying what issue is being appeated, with the city clerk within l4 caiendar 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 t0 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 cierk's receipt of the appeal. (3) Notice. Written notice of the time and place of the hearing shal! be served on the person subject to the requirements of this chapter and/or 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 hearin� and each may calt witnesses. Any person may participate in the public hearing in either or both oFthe following ways: (a) By submitting written comments to the hearing examiner, either by de(ivering 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 reasonabiy iimit the extent of oral comments to facilitate the orderly and time(y conduct of the hearing. (�) Conduct of hearing. The hearing examiner shail conduct the hearing on the appeal pursuant to the rutes of procedure of the hearing examiner. The hearing is limited to the issues raised in the notice of appeal.lfie 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 penatty or a suspension or revocation of a�iee�tse-ef reaistration shail be stayed during an appeal, but a deniai of a 1�e�se-e� registration is effective unti( ordered otherwise. (Ord_ No: 09-599, � 25, l-6-�9; Ord. No. 9�-23(, § l, 4-4-9�; Ord. No. 91-86, § I(l9), 2-�-91. Code 2001 § 9-45.) 12.05.210 Decision of the hearing examiner. After considering ail of the information and comments submitted on the matter, the hearing examiner sfia(I a written decision� inctuding fndings of fact, coriciusions� and order, affirming, "revei=sing, or --- -" modifying the decision, action, or penalty being appealed based on the hearing examiner's findings and conclusions. Uniess a fonger periocl is agreed to by the applicant, the hearing examiner shall issue the decision within i 0 working days after the etose of the public hearing. Notice of the decision shall be mailed to all parties. [n the event of revocation or denial of a�e�se-ef registration, the hearing examiner Exhibit 8, October 13, 2011 PC Staff Report Page 7 of 8 shatl provide that the revocation or denial shail be for a period of not less than one year unless the hearina examit�er determines that extraordinary circumstances exist justifying a shorter period of time, in which case the justitication tor such decision shall be set forth by the hearing examiner u� writing. [n determining the miniinuin time of the revocation or deniai during which reinstatement or issuance of a business �L� registration shall not be considered, the hearing examiner shall consider among other factors: ( t) The degree of the I�;�se�e� registrant's cu(pability, 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 )�I'he et�fects on the community and whether the business or activity was a threat to the public health, safety or weltare; and (4) Any mitigating evideace. �I'he 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 appeaied, it shali constitute the final decision of the city, and the failure to comply with the decision of the hearing examiner sha(I constitute a misdemeanor. (Ord. No. 09-599, § 26, i-6-09; Ord. No. 95-231, § l, 4-4-95; Ord. No. 91-86, § 1(20), 2-S-9i. Code 2001 § 9-46.) 12.05.230 Appeal to city councii. The city council shaii hear any appeal of the hearing examiner decision using the procedures provided in process [V of EWRC Title l9, Zoning and Development Code. (Ord. No. 09-�99, § 28, I-6-09; Ord. No. 95-23 t, § i, 4-A-95; Ord. No. 91-86, §((2 i), 2-5-91_ Code 2001 § 9-48J K:12010 Code Amendments�Temporary Uses�Planning Commission�.Staff Report to PC\Exhibit B Biz registration.doc Exhibit 8, October ! 3, 201 i PC Staff Report Page 8 of 8 EXHIBIT C October 'i 3, 2011, Planning Commission Staff Report Proposed Code Amendment Federal Way City Code Title 12, Businesses Chapter 12.25, Temporary Businesses' Sections: Article t. Generally i 2.2�.00� Purpose. 12Z5A t 0 Definitions_ ��.�` 8�A—r r..�...,.F.� ., -_�. o�asrcar-civEHi'tEicT Article II. �se Reg.isiration 12.25.020 T'empc�rary business registration reguired. I2.25_030 AQptication. 12.25.040 R�i�e� �Fee exceptions. Article [[(. Regutations 12_2�A�0 ��_�_°�*�^^� Performance standards_ C"�".. � �.z E �-��.99�—�t�Ei�0i3s--f�-tr:iti,a��: - Article I. Generally i2.2�.00� Purpose. { 11 ci requires temporary businesses to be re�istered in order to track businesses for purposes of tax collection and compiiance monitorin� [t is un(awful for any person to conduct operate en�a e� or practice any temporary business in the city that is conducted operated enga�ed in, or practiced in whoie or in part from real property located within the city without having first obtained a temporar�business re�istration from the city. Notwithstandin�an oy ther provisions of this chapter the granting of a temnorarv business re�istration shatt not authorize anyperson to engage in any activity,prohibited by federal, state, or loca! law or reQulation. 12Z5.010 De6nitions. The definitions in this section apply throughout this chapter unless the context clearty requires _ ottterwise. -E'erms noE de�ned here aredefflec#aeec�ding�o-�W-E�C—E.9sr.9�&-or-�W-�E-1�A�.-as�- ___ __ -- ---_._. ___ applicable. "Business " means al( 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 13, 20i 1 PC Staff Report Page 1 of � "Temporary business " means all businesses of a short terrt► or transitory nature, andlor fiYed duration_ , ,.!�a � ,. �.:.� ..�. .:�,<i za � - " o �cT > > , . ; ! \ e e � , e , , (Ord. No. 09-60Q § 8, (-6-09; Ord. No_ 9(-i l0, §(, t t-�-91; Ord_ No_ 90-62, § 1, 6-19-90. Code 200! § 9-386.) Er�sH�zn_�.,..:,._.,,�:."... -�.n , �� , (Ord. No. 91-i 10, § 5, I 1-5-91; Ord. No. 90-62, § 5, 6-19-90. Code 20�i § 9-387.) Article ii. biee�se Re�istration 12.25.020 Temaorarv business registration repuired. (1) [t is unlawful for an�person to conduct operate engaQe in, or practice anY tem�orarv business in the citv without having first obtained a temporar�business registration unless otherwise exempted (2) [t is recognized that certain temporary businesses can also be Category [ temporarv uses as defined in Chapter l9_275 FWRC Tem�ora �r� use a�proval will not be required when a temporary business registration is required However the temporary use provisions of Chapter 19 275 FWRC shall be satisfied arior to issuance of anY temporary business registration. (3)No temporary business sha(1 occupy a site or operate within the city for more than 90 days whether consecutive or nonconsecutive within any ca(endaryear A temporary business mav operate an additional 90 davs, whether conseeutive or nonconsecutive within anv eaiendar year when the city clerk determines that such an extension wi(I be consistent with the requirements of this chapter Additional fees may apptv No more than one extension request maY be �ranted within a calendar year {4) [f more than one temporarv business is conducted operated en��ed in or practiced on a sin� premise, a separate re�istration shatl be required for each separate business [f the same temporary business is conducted o�erated enga�ed in or practiced bv a business owner at two or more places within the citv, that business owner may obtain one temporary business registration that iists al1 (ocations of the temporarv business. 12.2�.030 Aaptication. (1) Prior to the requested date of commencement the applicant shall submit the foliowing information to the city clerk: (a) AQp(ication for temporary business registration on forms provided by the citv including si�ned consent from the propertv owner- �b) Site ptan, if applicable; and (c) Fees as a�plicable. --- f2� - �' - he-e� e�efk-s�raN-rev-iew-�He appEiEa�iot� €e� eer�aaee-wf�h-tt��-pe-F€ert�tar�e��ta�ds�-�eFth- _ . __ . _. _ _ _ in FWRC i2Z5.050 and FWRC 19.275.050 as applicabte and sha(1 either issue the temporary business re�istration; condition the a�plication so that it com,plies with perforrnance standards and issue the temporarv business re�istration• or deny the temporary business registration Unless exempted from this artic(e, no aerson mav en�age in or conduct a temporary business until a registration has been granted. Exhibit C, October 13, Z011 PC Staff Report Page 2 of 5 12.2�.040 Re�a-�e�-Exceptions. , , > ( t) The fof(owin tempocarv businesses or activities, if enerally consistent with their surroundinas, shall not be required to obtain a temporar�business re�istration: a) Residential gara e or yard sales of typical size and duration; b} Merchandise and food sales by Girl Scouts and similar or�anizations; c) Typica( residentiat-6ased lemonade and similar stands; d) Charitable car washes; and (e) Businesses/activities of a simiiar nature as determined by the city clerk. (2) No fee sha(( be charged for the temporarY business re�istration of the fot(owin� tvpes of businesses: � {a) Business activities cazried on bv non�rofit or�anizations, includin� but not (imited to religious, civic, charitable, benevo(ent, nonprofit, cultura(, schoo(, or youth organizations; (b) Anv business or activitv which is exempt from pavment of such fees as prescribed by this chapter by virtue of applicab(e provisions of the federal or state constitution, or app(icable federai or state statutes; or (c) Any religious society, association, or corporation which operates any charitab(e hospital, clinic, or institution devoted exc(usively to the care or healin� human bein�s_ (Ord. No. 9(- I l0, § 2, l I-�-9 t; Ord. No. 90-62, § 2(A), 6-19-94. Code 2001 § 9-40 l.) Articte III. Regutations 12.25.0�0 �e�iet�s Performance standards. ..�;.rv.a�:,� :.. lo....*L, o e..t �I,.,t .,.. F � �L..,il 4.0 ..L..,.-�.v.l f.- tl�_I:�. � > e e i + • � • • s > . . � t,e..v�... .,� �ot F...ti :.. D!`(I7 7A i� n�n .,.,a �n i� inn !,.\ A., , 1.., ,.+: ,:�-.. .,t,:,.l. ..r F., �t �Fr ,�.h_F r�4,e,i 4.., tL,: ° - v - vT sni� e n+�� t � �r;r..r:.. .�o �,ro,i ,.i, ol., t,. *t,o .- i,o.,l: .,FL.. I.o - . , � e e e > > , � , > > s e e Att temporary businesses shal( com�(y with die following performance standards: _ .._�t)�In�rrdu�tirrgthe terrt�rorarybusiness� seat� �tfec#er$�--- -- --__ __ (aws, and all city ordinances and resolutions which are ap�(icabie to the use or the conduct thereof {2) The applicant shail maintain a current state retail sales tax number on file with the city for the duration of the tempora�y business. Exhibit C, October !3, 20l i PC Staff Report Page 3 of 5 (3) All temporarv businesses sha(( obtain ail required cin perniits licenses or other a e�� tand use approval bu�ld�aQ nermits st�n permits etc. prior to commencement of the business or occupanc of anv site (4) No temporarv business �hall occu�v or be conducted on public ri ghts of wa y 1 parl.s or other public lands �n anv manner untess snec�ficativ approved by the mayor or desi [n the eve�t that such occupation or use �s authonzed the appi�cant shall be required to furnish liabiiity insurance with the city as a named tnsured in an amount to be determined b the ma or commensurate with the risk associated with the conduct of the temporarv business {5) Temnorarv businesses shall also com�l with a�plicabte tem orarv use performance standards of FWRC 19.275.050. (Ord. No. 91-110, � 2, 11-5-91; Ord. No_ 90-62, § 2(8), (C), 6-l9-90. Code 2001 § 9-402.) � � , - I� k � 1 _ _ • I� 1 � � ' ' � 1 � � � � • t • � • � • �, � . •" ' � _ ' ' � 1 1 � 1 f. t 1 1 � • 1 • •• • f _ � •� i f � •• { F 1' ° cvvrra� �r �l...il �. . ' , . v� c�...l. ., �,'.�.. .... ..,.� ._ ___�L _ _ _ , .. .. - -- - � --- -- - — - � T:=T.zrr.s:r.�:r.�'RT7T�'.'lf:T-T.�. - Exhibit C, October 13, 2011 PC Statf Report Page � of 5 � � r . s �� • . � � , � • . �� . . • •� .� • �_ Cross references: Penaity, FWRC 7.05.070; temporary uses, Chapter i9.27� FWRC; K:12010 Code AmendmentsiTemporary UseslPianning CommissionlStaff Report to PC1Exhibit C Biz licease.doc Exhibit C, October 13, 2011 PC Staff Report Page � of � 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 � G7Y OF � 5 �'��':r,��"'` Federal �111a� Departme�t of Commu�ity Development Services 33325 8'" Avenue South PO Box 9718 Federal Way, WA 98063-9718 253-835-2601 — Fax: 253-835-2609 www.citvoffederalwav. com Memorandum To: Merle Pfeiffer, Chairman Capy: Planning Commission Ernm: Deb Barker, Senior Planner Date: November 3Q, 201 i 1 �� Re: December 7, 2011, Planaing Commission Public Hearing, Amendments to FWRC 19Z75, "Temporary Uses" At the October l9, 201 l, P(anning 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. l. Duration of Temporary Uses in Resideatial Zones Planning Commission Direction: Shorten the duration for temporary uses in residential zones. Durations in the realm of 7 to i 5 days were discussed. Discussion: Residential uses are more sensitive to impacts from temporary uses such as aoise, increased traffic volumes, aesthetics, etc. Most temporary uses are of a short duration. Examples in residential zones might include church or schooi functions like a fundraising rummage sale or concert. A shorter duration for temporary uses in residentia( zones is appropriate. Revision per Commission Direction: Atlow temporary uses in residential zones for seven days with the ability to request a seven day extension. Atlow them twice per year at a given location subject to director approva(. (See proposed FWRC 19.275.050(t), Duration, in Exhibit A.) 2. Duration of Temporary Uses in l�ton-Residential Zones Ptanning Commission Direction: Shorten the aliowed temporary use duration from 90 days (plus a potential 90 day extension) to something less. Evaluate if it makes sense to implement different timelines for differenr types of temporary uses. Discussion: As dratted, temporary uses are aliowed lengthy durations consistent with current city poiicy. Most temporary uses are of a short duration. The proposed 90 (p(us 90) day timeline is not necessary for most temporary uses. We shoutd, however, ensure the code amendrrtent allows adequate time for certain uses such as Christmas tree iots, which typicaliy operate for 30 days. We do not recommend specifyina different durations for different categories of temporary uses as this further complicates the code_ Dec:ember 7, 201 l, PC iblemuranduiu Pa�e I ot � 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 Durallon for Food Trucks/Carts Specificalty Plauning Commission Direction: Request that staff recommend an appropriate duration for food trucks/carts to operaxe in the city. Discussionr 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 frequentiy (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, Eood Trucks/Carts, in Exhibit A.) 4. Temporary Use Zoning Planning Commission Direction: Limit temporary uses to zoning districts in which that particulaz temporary use is atlowed 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 wou(d be allowing a temporary flower or fruit stand in a zone that does not allow retail sales (such as the Professional Office jP0] zone). This approach does not account for atypical uses/events that are not typically iisted in the zoning use charts, such as fesrivals, 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 December 7, 2011, PC Memorandum Page 2 of 3 be al(owed if the Planning Commission's proposed language is adopted. � Therefore, this policy change cou(d be expected to have a negative impact on the mall. The change may have a positive effect on local auto dealers. Revisions per Commission DirecNon: Option A— Modify the code Yo state that temporary uses are authorized only in zones where that use is allowed on a permanent basis. C(arify 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 Compiiance, in E�ibit A.) OR Option B— Modify the code to state that ali 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 disa(lowed or placed significant restrictions on temporary auto sales. We did additional research into this question following our last meeting, and have not found any examples of such code (anguage. From a legal perspective, we are told that we could legally prohibit temporary car sales events specifically, whi(e 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 dea(ers we would be able to coilect these talc 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.) OR Option B— Treat temporary car sales like other temporary uses. Revise temporary business reguiations as necessary to facilitate capture of sales taac 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" � Current code allows temporary uses only in zones where the use is not allowed on a permanent basis. December 7, 201 l, PC Memorandum Page 3 of 3 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 �l��r�is�tee Putpose and �alicabilitv. 19.275.020 Categories e€�etx�efa�teses. 19 275.030 Zoning c�ompliance. 19.275.A38 040 T�pes of temporary uses, pgrocess, apalication rec�pirements, and exceptions. 19.275.848 O50 Duration. 19.275.A39 060 Performance standards. 19.275.070 Food trucks/carts. �,,"f'7 G .c-rrVVV-['cG'�14v`v'ai: � n,...a.. i9.275.kk8 080 Regulation of temporary trai(ers, buildings, or other structures for conshuction,-t�ea� ��*°� 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 Purnose and analicabilitv. � , , , The pur�se of this section is to establish a mechanism to permit certain temporarv uses and structures to be conducted on a short term basis and �rovide performance standards for re�utatin� such uses and structures to ensure their co �atibility with existing uses and to prevent conflicts between pedestrian or vehicular movement, access to utilities or emer encv resvonse. It is reco�nized that certain temporary uses, while creating short term noise parkin�, and traffic issues are beneficial to the residents of the city and should be allowed It is also reco�nized that certain temnorary uses are also tem�orarY businesses as defined in FWRC 12.25. (Ord No. 94-209, § 3, 3-15-94; Ord. No. 9t-112, § 1(t27.05), 12-3-91. Code 2001 § 22-546_) 19.275.020 Categories s€-Ee�e�ses. "TemporarX uses " means all uses of a short term nature or fixed duration which do not reQUire permanent construction and which are annroved with a specific time timit. �e�te-e�e The foliowing categories of temporary uses are established: Exhibit A, November 7, 2011 PC Memo Page l of 6 � Class I temporary uses are temporary uses , such as seasonal retail sales of agricultural or horticultura( 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; �ge-e�-e�eF outdoor sales, s�e�se��e�-�} �ci�v^^v�r^�Cz�'riii"cm,� icira v i°: ... ""�'+ " °""'°�"""' SWS meets• tem O[S stands for the sale of items � , ::r..,....,:s.....�..�..,...,. P _P rX such as food to� jewelry Aoods art and crafts and firewood• ' food trucks/ca.rts: and similar uses of a temporary or transitory nature or fixed duration as determined by the director. � Ciass 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 inctuding homeless shetters, 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-(-97; Ord. No. 94-209, §.i, 3-IS-94_ Code 2001 § 22-547.) 19Z75.030 Zoning comnliance. (1) Ciass I temporarx uses shall onlv be allowed in zoning districts where the use is authorized as a permanent use pursuant to the zoning charts of EWRC 19 195 throu�h 19.240 except as noted below. (a) Churches schools and public a�encies may conduct temporarv uses in residential zones subject to the time limits specified in FWRC 19.275.050. (b) Special event temporary uses such as farmers markets fairs festivals and similar communitv oriented uses may be allowed in any non-residential zone at the discretion of the director. �2) Class II temporary uses are allowed in anv non-residential zone. (3) Prohibited uses. T (a1 Temporary auto sales shall be prohibited within the city. 19.275.A38 040 Tvpes of temporarv uses, pProcess aaplication requirements. and exceptions. . . , � � , (1) Class I Tem�orarti Use: �a) An a�plication for a Class [ temporary use shall be processed as a use process I application and can be a�proved if found consistent with the performance standards of FWRC 19.275.A38060. The director shall issue a written determination ap�roving conditionallv ap�rovin og r denyin� the temporarv use• �rovided that the director mav require an ap�lication to be decided under process III as provided t�s�ittg in FWRC 19 275 A38040(2) when it is determined that the de�ree and scope of potential impacts of the temporary use proposal warrant such review. �1 All ap�lications for a Class I tem�orary use permit shall be submitted at least 30-davs nrior to the requested date of commencement of the temporary use and shall include: � A com�leted master land use ap�lication for a temporary use on the form provided bv the Community and Economic Development Department along, with ail required signatures and temporarv use information listed in that form including signed consent from the propertv owner (ii) Required fees; and �ii) Such infortnation as is necessary for the director to evaluate the temporary use pursuant to FWRC 19.275.050. L Exceptions. � Any Class I temporarv use that is required to obtain a temporarv business re�ish pursuant to FWRC t2 25 shal( not be required to obtain a Ciass I temporary use permit pursuant to this chapter but shall be required to com�lv with the substantive provisions of this chapter includinQ the zoning c, ompliance of FWRC 19 275 030 � n �� Exhibit A, November 7, 2011 PC Memo Page 2 of 6 (ii) The following temporarv businesses or activities if e� nera{{Yconsistent with their surroundings shall not be required to obtain a tem�orarv use permit: �) Residential ��r yard sales of typical size and duration; ( Merchandise and food sales b y Girl Scouts and similar organiza.tions; �c) Typical residential-based lemonade and similar stands; (d) Charitab(e car washes: and �) Tem�orary uses/activities of a similar nature as determined bv the director. �iii) Parkin�(ot sales that are ancillary or directly related to a permit�ed use that onerate less than twelve�l2) consecutive or nonconsecutive daXs within a 180-day period. and which do not create parkin� or tra�c im�acts shall not be required to obtain a Class I temporarv use oermit. �2) �n ��c ncn .,.,�.. Ciass II Temporary L1se: -� :�,��--� �-o�� (a) Alt ap�tications for a Class tI temnorary use shall be reviewed and decided upon usine FWRC 19.275.8-5A040 and process III. �b) All ap�lications for a Class II tem�orary use Rermit shall include: �i A completed master land use ap.plication on the form.provided by the Communitv and Economic Devel�ment Department along with all rec�uired signatures and information listed on that form; �ii) Required fees; and (iii) Such information necessa� for the director to evaluate the use pursuant to FWRC 19.275.93A060. (Ord. No. 09-594, § t50, t-6-09; Ord. No. 94-209, § 3, 3-IS-94; Ord. No. 90-43, § 2(127.10), 2-27-90. Code 2001 § 22-548.) Cross reference: Permits and certificates of occupancy, Chapter t9Z0 FWRC. 19Z75.949 O50 Duration. « �«�,,, �� ............... . �a �t,,.��,.�..a,.. i •«�. ,.ii :..c ....,,..:,,., i:�+°a ;,, .t,.,. c ,...... ,...a ' � 4 � � ) ) . ) ) ) ) ) { 1) Residential Zoning Districts A�e tem�orar�use s#a� maX occupv a site � for no more than 9$ seven (7� davs per occurrence twice within anv 365-dav ea�e�a�veef neriod, unless otherwise rP�utated The director may authorize up to one seven,S,7) dav extension per occurrence if such extension will be consistent with the requirements of this cha�ter Any extension request shall be subiect to applicable houriv review fees. �r �w .+ � . �.,, ,. ..+°a : ��,,.,� -s,�� ) Non Residential Zoning Districts A tem�orarv use m� occupy a site for no more than fortv-five �45Lvs whether consecutive or non consecutive within a calendar vear. The director mav authorize un to one fifteen (15) dav extension if such extension will be consistent with the requirements of this chaater. Any extension request shall be subject to ap�licable hourlX review fees No more than one extension mav be granted within any 365-da�period. Exhibit A, November 7, 2011 PC Memo Page 3 of 6 (Ord. No. 09-594, § 151, t-6-09; Ord. No. 94-209, § 3, 3-15-94; Ord. No. 90-43, § 2(127.15), 2-27-90. Code 200i § 22-549.) 19.275.A3A 060 Performance standards. ; � � Approved temporar�uses shat( com�lv with the followingperfor►nance standards: �l A temporary use shall not be conducted or locate on anv site or property without the exnress consent of the owner(s) thereof. �2) [n conductin� the temporarv use the ap�licant shall comQly with all county sta.te. and federal laws and all city ordinances and resolutions which are ap�licable to the use or the conduct thereof, and shall obtain �rior to the conduct of the business or occupancy of any site, all required city permits, licenses, or other approvais. (3) Tem�orary uses pro�osed within residential zoning districts shall not be pern►itted if the c�ause significant adverse im�acts to residential uses taking into consideration the characteristics of the residential neighborhood and the sca(e and duration of the temporarY use.� (4) The temporary use and associated structures shall be com�atible, on a short term basis, with uses in the general vicinity and on adjacent properties. �) Each site occu�ied bv a tem�orary use shall be kept free of debris and litter and upon completion or removal of the temporary use all debris litter or other evidence of the temporary use and associated activit_y shall be removed. L6) Each site occupied by a tempor� use must provide or have available sufficient of� street parking, vehicular maneuvering area, and access for customers and must provide safe and efficient interior circulation and ingress and eg.ress from a public or private ri�ht-of-wav. A temporarv use diat is conducted within an established �arkin� area shall not reduce avai(able parkin t�o the point that insufficient parking exists for the combination of uses on the site. �) All sig;ns used in connection with any tem�orarv use or activitv shall comply with the applicable sign re�ulations of the citv. �S) Temporarv uses shall not unreasonably impact the public health or safety or create traffic hazards. The citv may impose additional security measures and/or traffic control requirements. (9) The noise associated with a temporary use shall not create a public nuisance or exceed the maximum decibel �rovisions of Chapter 7 FWRC. ji0) The director ma,��ose additional measures to miti ag te any_impacts resulting from the temporary use The director mav exercise discretion in the applicability 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. � �i !� �� • �� 1 �! � 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 Page 4 of 6 1 I 1 � � . I� � � � � - - � �� •.. �� • �. � �� 19Z75.070 Food trucks/carts. �1 Food trucks/carts shall be re�,ulated as follows: �j Food trucks/carts that operate less than four�41 hours at a location within anv 24-hour neriod are not considered tem�orary uses but sha(1 obtain either a business registration or a temporarv business registration dependi� on the duration of their business activity within the cit�An example of this tvpe of food truck/cart is an ice cream truck. �) Food trucks/carts that operate more than four (� hours at any one location within a 24-hour period shall be considered either: {i A temporary use if occupying the site less than or equal to the duration allowed in FWRC 19.275.050, or (ii) A permanent use if occu�ving 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 provisions of Title 19 consistent with a brick and mortar business. � �� .. .• . �,� . �, .. �, . �� •. . _ - - � �� - � .. . �, �� , . �� ,� �� _ �� , � � a t, • w •+ F e,i..... .. ., a.,..� ; e . i Qn a...,.. � . . , . , > • - > > ; • • � • � . �nni � �� ccc � �.,., a -- -- •i Cross reference: Fireworks, Chapter 12.55 FWRC. 19.275.�8 080 Regulation of temporary trailers, buildings, or other structures for construction, -°°' °°•°'�° ��°°°, temaorarv business or sales, and outdoor storage containers for construcNon- related materials. Temporary trailers, buildings, or other structures used for construction offices, t�-es�aEe-sa�es e€€�ee� temporary business or sales, or outdoor storage containers used temporarily to store construction materials, and normally associated with construction of a buildir►g or development, are permitted on the Exhibit A, November 7, 201 l 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 followin�aerformance standards apvlv: � 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 e�s�e� �) Temporacy outdoor stora�e containers should be painted a neutrat color and/or screened from view if necessary to minimize visual impacLs to sunounding properties, as determined by the director e€ � Any temporary trailer, buildir►g, 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�eer� � 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), i 1-4-08; Ord. No. 90-43, § 2(1 t5.135), 2-27-90. Code 2001 § 22-963.) Cross references: Motor vehicles, FWRC Title 8; iicenses and business regulations, FWRC Title 12; buildings and building regulations, 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 aliowed 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 circu(ation 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 ��m a °•�°'^^°'°t'+ �_- ..---.- ..............� ..� . �.., (Ord. No. 08-585, § 3(Exh. A), I 1-4-08. Code 2001 § 22-964.) ..�..��,..,.��,..o,..�..w�.� i Cross reference: Temporary business regulations, Chapter 12.25 FWRC. K:12010 Code Amendments�Temporary Uses�Planning Commission�2nd PC public hearing�Exhibit A Temporary Uses.�c 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, 2011, Planning Commission Public Hearings 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'Neit. 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 ADMINISTRAT[VE REPORT None COMM[SS[ON BUSINESS PUS[.[C HEARING – SEPA Exemptions in Critical Areas in all Zoning Districts Contract Planner Hams delivered the staff report. State Environmental Policy Act (SEPA) environmental review is required for any proposal which involves a government "action," and is not categorically 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, smal( 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 Commissiom201 I�Meeting Summary 10.19-1 i.doc Planning Commission Minutes Page 2 October 19, 20 i 1 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 Army Corps of Engineers. Commissioner Carlson moved (and it was secondec� to recommend adoption of the amendments as proposed by staff. The motion carried unanimously. PUBL[C HEARING – Temporary Uses, FWRC 19.275 Senior Planner Barker delivered the staff presentation. She noted a change that should be made to Eachibit A. On page 2 of 5, 19.275.030( i)(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, Pianning Commission purview does not extend to the temporary business codes because they are not zoning and development regulations (Federal Way Revised Code [FWRC] Titte 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 retaii sales; farmers markets; festivals, fairs, and carnivals; and similar uses of a transitory nature. Class [I (which requires Process III approval) includes: critical and essential human services Like food banks or clothing banks. It does not include hometess 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 uselbusiness 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 iong as the performance standards are met. K�e�anning commissao�2o� ��Meaiog sumroary �a�v-� �.dO� Planning Commission Minutes Page 3 October 19, 201 l Cotnmissioner feedback from the September 7, 201 l, 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. Mobile foot units, 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 caiendar 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 Tsakonas, CEO & Owner, Evergreen Sales and Lease, Inc., 33216 Pacific Highway South — He has been doing business in Federai Way for over ten years. He had submitted a letter via emait 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 welt. 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 concerned about the ioss of revenue to our growing community. Sam Tsakonas, 33216 Pacific Highway South — He also works for Evergreen Sales 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 comment was closed. Commissioner Medhurst commented that he is sympathetic to the concerns raised. In addition, he is concemed 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 corner outside your house. He suggested Class I temporary uses be limited to 15 days, with a 15 day extension. �Ie 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 mortaz businesses. Many Commissioners agree. Commissioner K'�Plami� Commission`?01I\Meeting Summary 10-19-I l:doc Planning Commission Minutes Page 4 October l9, 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 conect. 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. The 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 fundamental(y different type of business and therefore, would be willing to accept different regulations for them. Senior P(anner Barker commented that some cities do make distinctions between temporary businesses. T'he 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 wouid 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(arge workforce to support a food truck, but if we had any, we would license it. There are different types of food tnicks 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 Cartson mvved (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 BUS[NESS 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 Commissioners 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. An.TOUR1v The meeting was adjourned at 8:50 p.m. K:\Piamiiog Commission�201 l!Meeting Summary 10-19-I I.doc 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 Cartson 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 [I 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 BUS[NESS PUBL[C HEA[t[NG — Proposed Amendments Related to Temporary Uses, FWRC I9.275 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 staff responses to those issues. The issues are: l. 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 sates. 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�201 I\Meetieg Summary I2-07-i I.tbc Planning Commission Minutes Page 2 December 7, 201 L 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. [n 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 iicense will be required). Cornmissioner Medhurst asked if an applicant needs to have more than one temporary use pertnit if they are located in more than one iocation. 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. i. 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 day extension. After that they become permanent. The Commissioners discussed their concern that an app(icant 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 reguirement). 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 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 i 5 day extension. Commissioner Carlson supports option B allowing all uses in ail zones with a short duration in residentiat zones. Commission Elder agrees. Commissioner Medhurst is concerned that allowing temporary uses in all zones would allow a K1PlamingCommiuion�2011�NketiagSummary IlA2-.If.doc 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 sates 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 pubtic 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 Etder supports option B; since sales tax would be collected by the city. Commissioner Medhurst asked how the city wilt coilect 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 sates tax is collected. The remaining Commissioners also expressed support for option B. Commissioner Bronson raised the concern that the way EWRC 19.27S.�A 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.�8 090(3), sometimes the only place a container wiil 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 number (3) and (3)(a) as fotlows: •�l�� n..,.a;�.:*va r r�o.. i � -r .,. i � �i w i.•�.:«ea •+w• «w •... „ ji[Trciripvc�uiTiaucv �aic°�-crzxurrvo=pivrrFvrcca c:«. j . For FWRC 19.275.�8 090, change number (1) to read as follows: "(1) Residentially zoned lots are allowed only e�e two containers at any time." For FWRC 19.275.�8 090, change number (3) as follows: "(3) Containers � should not be piaced in required side yards, rear yards, or critical areas setbacks, exce�t under special circumstances allowed 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�Plaming Commissio¢\201 I\Meeting Summary 11-02-1 I.doc Planning Commission Minutes Page 4 December 7, 2011 PUB[.[C HEA[t[1vG — 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. Compiete 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, "Developcnent 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 potentiaily 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 incotporated 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. Meaning, if the nearest sidewalk is a mile away, the city is unlikely to require the developer put in sidewalks. Commissioner Carlson movecl (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. STU�Y SESS[oN — Food Landscape and Food Access Policy Senior Planner Shull detivered 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. [n 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 fo(lowing 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`.Plann+ngCommission�201i\MeetingSummary IIA2-Il.doc Planning Commission Minutes Page 5 December 7, 2011 3. Establish community 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 retaiters' knowtedge of public health permits. 10. Create a healthy school food zone. i l. 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 any 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'/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 a(lowing mobile fresh food vendors to hetp 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. ADDIT[ONAL BUSINESS Commissioner Bronson asked that the city allow and encourage P-Patches. Chair Pfeifer asked everyone to remember Peart Harbor. ADJOURN The meeting was adjourned at 9:15 p.m. K:�Planning Commission�201!`Meeting Summary I I-02-I l.doc Attachment to Agenda Bill Attachment #5 - Minutes from the January 9, 2012, LUTC meeting. COUNCIL MEETING DATES: February 7, 2012, and February 21, 2012 CITY OF FEDERAL WAY ITEM #: !� � CITY COUNCIL AGENDA BILL SUBdECT: Amendments to Federal Way Revised Code (FWRC) Chapter 12.05 "Business Registration" and 12.2� "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. PO[,[C�' QUEST[ON: Should the City of Federal Way approve amendments to Federal Way Revised Code (FWRC) Title 12 "Businesses" that woutd result in temporary business and temporary use code provisions that are consistent with each other and which witl further simplify the application process as welt as housekeeping text changes? COMM[TTEE Land Use & Transportation Committee (LUTC) CATEGORY: ❑ Consent ❑ City Council Business ��. � Ordinance Resolution STAFF REPORT BY: Deb Barker, Senior Planner MEETING DATE January 9 , 2012 ❑ Pubiic 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: ( I) 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 adopt the proposed amendments. STAFF RECOMN1ElVDAT[ON Staff recommends that the Council approve Option # t; adopt the proposed amendments as recommended by the LUTC and reflected in the Draft Adoption Ordinance. �_ MAYOR APPROVAL: L ��_ /1�� DIRECTOR APPROVAL: ` Commitree CounciF COMMITTEE RECON1MElYDAT[ON: 1 move to adopt the LUTC recommendation and forward the proposed ord � nce o Fir rng on February ?, 201�. ,� �� r �� ,��-�--! : �.�.� Committee Chair Comm�ttee Mem t b�f '` Committee Member PROPOSED COUNC[L MOT[ON(S): ,� l READING OF ORDINANCE (FEBRUARY 7, 2012): " move to forward the dra ordinance to Second Reading and enactment at the February 21. 2012. Ciry Council meeting. " 2 READ[NG OF ORD[NANCE (FEBRUARY 21, 2012): " move approval of the draft ordinanee. " (BELOW TO BE COMPLETED BYC/TYCLERKS OFFlCE) COUNCIL AC"CION: ❑ APPROVED COUNC[L BILL # Cj�_ ❑ DENIED l �,-��• �,. ❑ T.aBLED/DEFERRED/1Y0 ACTION Enactment reading ❑ MOVED TO SECOND READ[NG (ordinances onlyl ORDINANCE # REVISED-08/12/2010 RESOLI'TIOV # Attachment to Agenda Bill Item Attachment # 1- Draft Adoption Ordinance for F WRC 12- 25 "Temporary Businesses" and for housekeeping changes to FWRC 12.05" Business Registration" ORDINANCE NO. AN ORDINANCE of the City of Federat Way, Washington, relating to Businesses Registration; amending FWRC 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 City recognizes the need to periodically modify Title 12 of the Federal Way Revised Code (FWRC) in order to conform to state and federal law, codify administrative practices; clarify and update regulations as deemed necessary, and improve the efficiency of the regulations and business review processes; �� 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 City 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 temparary 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 are combined, and other duplications between these codes sections are eiiminated as a housekeeping task; and WHEREAS, on October l, 201 l, the City properly issued a Determination of Nonsignificance (DNS); and WHEREAS, the Planning Commission is not responsibie 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, tt�e Planning Commission did support code based efforts to 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/T'ransportation 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: Sections: 12.05.002 12.05.003 12.45.010 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.OS.130 Ordinance No. II- Chapter 12.05, Business Registration Enforcement and authority. Applicability. Defmitions. 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/t0 K�Z010 Code Amendmmts�Temporary Use,e�[,UTGIFWRC 12 Busmess�I.UTC Ordinance FWRC 12.doc 12.05.140 12.05.150 12.05.160 12.05.170 12.05.173 12.05.175 12.05.180 12.05.185 12.05.190 12.05.200 12.05.210 12.05.230 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 cierk 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 ruies 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 200i § 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 § 7, 1 Code 2001 § 9 12.05.0 i 0 Definitions. The defmitions in this section apply throughout this title unless the context clearly requires otherwise. Tertns 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 �^•�•�•�� matters conducted or en�a�ed in with the object €e� of private profit or benefit, not-for-profit or benefit pecuniacYg,ain or advanta eg, to any person, or to another person or class, either directly or indirectly, whether part-time or full-time, anywhere within the city, "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. , , , , � �v�# .�.e ,.:t. ..�,•,.� �. �^ ..� � .,: !� ..,.,._... .� . w.Y.., j� ; " � Y.. (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 penalties. Any person failing to obtain or renew his/her business �� registration, or otherwise violating or failing to comply with any of the provisions of this title, is guitty of a misdemeanor for each day or part of a day during which the uniawful 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 Ordinance No. 1!- Page 3 of 16 Rev i/10 K:\2010 Code Ama��ents\Temporazy Uses\LU'fG�.FWRC 12 Busfi+ess\UJTC Ordinance FWRC 12.doc violation of the same nature or a continuing violation, $300.00 for a third violation of the same naiure 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 [egal 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, § i, 7-18-00; Ord. No. 91-86, § 1(23), 2-5-91. Code 200t § 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 appticant 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 findings 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 findings, and the process for appeal. (5) Issue �ise�tses-e� registrations to all persons qualified under the provisions of this title. (Ord. No. 09-599, § 9, t-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 current registration, or if applicable, a temporary business re�istration as provided in FWRC 12.25.020, in addition to any other required federal, state, local, or city (icenses; unless the person has filed and qualified for exemptions therefrom. (Ord. No. 09-599, § 10, 1-6-09; Ord. l�to. 91-86, § t(t), 2-5-91. Code 2001 § 9-29.) 12.05.050 Application. (1) Every person required to procure a l�setrse-e� 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 fol(owing 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 � partnership, cocporation, 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 ret�uire 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 corr�t response, and the applicant's verification, under pena(ty of perjury, that the information contained in the application is true and that the application is complete. (2) The application for a�tseHSe-eF registration shall be accompanied by the full amount of the fee chargeable for such �� 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 appticant to open or maintain any business contrary to the provisions of any law. Ordirsance No. 11- Page 4 of !6 Rev 1/l0 K:�2010 Code Amaidments�Temporary UsesU.UTGIFWRC 12 8usmesc\LUI'C Ordioance FWRC 12.doc (4) A duplicate �� registration may be issued by the city clerk to replace any �� cegistration 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 �se-e� 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, § i l, 1-6-09; Ord. No. 03-440, § 1, 3-18-03; Ord. No. 9L-86, § 1(3), 2-5-91. Code 2001 § 9-30.) i 2.05.060 Payment of fees — Delinquent payment. (1) Each initial registration required pursuant to this chapter shall expire at the end of the y�ar 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) Temporary business registration fees shall be as�rovided in the fee schedule kept on file with the city clerk. Fees for the extension of a temporary business re�istration granted b t�itv clerk shail be at the same rate as the tempora_ry business reQistration fee. (3-4) 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 5) 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. (6 7) Failure to pay any registration fee due within 30 days after the day on which it is due and payable shall resutt in a penalty of five perceni 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 § l, i2 Ord. No. 91 § t(S), (15), 2 Code 2001 § 9 12.05.070 Exemptions. The following shall be required to obtain a registration under this chapter, but shatl 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. , . . , , . . , , i.o.,ec.«� .... ..e« c .+t, :.. D/'�Il 1A �� n�n .,.,a �n i� 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 3) 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. 1/- Page S of /6 Rev l/IO K\2010 Code Ameedments\Tanporuy Uxs�LUTCIFWRC 12 8usicess\LUTC Ordiomce FWRC 12.doc (� 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 200i § 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 § 1(7), 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 usuat business registration fee. (Ord. No. 09-598, § 2, 1-6-09; Ord. No. 9i-86, § i(8), 2-5-91. Code 2001 § 9-34.) Cross reference: Home occupation 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 ��- 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 �et�se-e� registration shall authorize the �� registrant to transact and carry on only the business �°°�-� registered thereby at the location or in the manner designated in such �ise�s�eF registration. (Ord. No. 09-599, § 12, 1-6-09; Ord. No. 9i-86, § 1(9), 2-5-91. Code 200t § 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 ail such businesses. Applications for such joint registration shail 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 ctassifying the size of the business for registration pucposes. (Ord. No. 09-599, § 13, 1-6-09; Ord. No. 91-Sb, § 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 respoasible for the compliance of their principals, and the businesses they represent, in regards to the requirements of this title. �l� This includes but is not limited to pavment of sales tax to the citv when a temporary sales event conducted within city limits results in the sale of a motor vehicle or other item as provided under special 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 200i § 9-37.) Ordinance No. ! 1- Page 6 of ! 6 Rev I/l0 �c:�zo�o c� n�e��r�Po.� usa�curc�fwac iz e��curc ora��ce �c i z.ao� 12.05.130 Posting required. Every �� registration granted under this titie shall be posted in a conspicuous ptace in the place of business of the licensee or registrant. (Ord. No. 09-599, § 15, 1-6-09; Ord. No. 91-86, � 1(l2), 2-�-9L Code 200t § 9-38.) 12.05.140 Change of address. Every person who, under the provision of this title, is subject to a�se�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. 09-599, § 16, 1-6-09; Ord. No. 91-86, § 1(13), 2-5-91. Code 2001 § 9-39.) 12.05.1 SO Nontransferable. �iseese�e� R�egistrations issued pursuant to this title shall not be transferable by the �ise�ee-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; Qrovided, 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 �icei�se re�istration for a period not to exceed 90 days. (Ord. No. 09-599, § 17, 1-6-09; Ord. No. 91-86, § 1((4), 2-5-91. Code 2001 § 9-40.) 12.05.160 Mailing of notices. Unless otherwise provided, any notices required by this title to be mailed to any �eHSee registrant or applicant shall be sent by ordinary mail, addressed to the address of the �e�rsee 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 abie to ascertain by reasonable effort. Failure of the �e�see registrant or applicant to receive such mail notice shall not release the kiee�tsee 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 day 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, § l(l6), 2-5-91. Code 2001 § 9-41.) 12.05.170 Revocation — Suspension — Denial. The clerk may revoke, suspend, or deny a��business registration issued or requested under this tit(e for any one or more of the foliowing reasons: (1) The �iee�see-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 instrument or cover for violations of any federal, state, or local laws or regulations, including any provision of this Code; (2) The �easee-e� 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 othervvise 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 applicable federal, state or tocal laws or regulations; (4) The �m- registration was procured by fraud or false representation of facts, including through an application that contains false or misleading statements, evasions or suppression of materiat facts; Ordinance No. //- Page 7 of /6 Rev 1/10 K\2010 Code Amendments\Temporacy Uses�LUTC�FWRC 12 Businesc�.LUTC Ordinance FWRC 12.doc (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 �� registrant knew or should have known of the vioiations; (6) The registrant has had a business �et�se-eF registration denied or revoked by the city within one year prior to the date of an appiication. A�e�tse-e� registration procured by fraud or misrepresentation shall be revoked. Where other violations of this title or other applicable ordinances, statutes, or regulations are faund, the �se�se-e� 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), 2-5-9L 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 �iEe�tsee-e� 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 until further order by the city or appetlate body. (Ord. No. 09-599, § 20, 1-6-09. Code 2001 § 9-42.3.) 12.05.175 Notice of suspension, revocation, denial or civil penalty. Prior to denial, suspension, or revocation of a�� registration under this titie, or imposition of a civil penalty, the �� 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 shatl 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 k�et�se-eF registration shall not be granted to the �� registrant or any entity in which the kee�seee� registrant has an ownership interest for a minimum period of one year from the date of such denial or revocation and ali 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 k�ee�tse-eF registration is denied, revoked, or suspended, the applicant may appeal such decision pursuant to the process described in FWRC 12.45.200 et seq. Such applicant shall not engage in the business for which the �iset�se•e� registration was denied, revoked, or suspended unless or until a�� 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. / 1- Page 8 of /6 Rev UIO K:�Z010 Code Amen�ornts\Temporary Uses\UITC".f WRC 12 Business\L[TfC Ord'mance FWRC 12.doc 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�set�seee� registrant may appiy 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 12.05.200 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�eHSe-s� registration under this title, the �iee�tsee-eF registrant shall be notified in writing of the grounds for suspension or revocation of the registration. Suspension or revocation of the �� registration shal( occur 10 days after the date of service of the notice of suspension or revocation unless such action is appeated by �� registrant in the manner described herein. {Ord. No. 09 § 24, t Ord. No. 95 § 1, 4 Ord. No. 91 § l(18), 2 Code 2001 § 9 i 2.05.200 Appeal. (1) Generally. Any person falling under the provisions of this title may appeal any revocation, suspension, or denial of a�� 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 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 clerk's receipt of the appeat, 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 and/or 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�iEeasee� registration shall be stayed during an appeal, but a denial of a�ser�se-eF registration is effective until ordered otherwise. (Ord. No. 09-599, § 25, t-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 shall 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 Ordinanee No. l!- Page 9 of l6 Rev U10 K�2010 Code Ameadmrnts�Tanpo*ary Uses�.LUTC�FWRC 12 Busiaess�L[JTC Ordinance EWRC 1?.doc mailed to all parties. In the event of revocation or deniat of a�se�s�e� 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 time, 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 sha(1 not be considered, the hearing examiner shall consider among other factors: (1) The degree of the �teetisee-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 final 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. IVo. 9i-86, § i(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 [V 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 1225.005 Purpose. 12.25.010 Definitions. i � �c mn r r..�.,...a.� .,,..;.,:«:v.. Article II. �se Registration 12.25.020 Temporarv business registration required. 12.25.030 Application. 12.25.040 � �Fee exceptions. Article III. Regulations 12.25.050 �se�tie�s Performance standards. �;i . �^ " �..' • E�e�—P�eee� � . .. � e Ordinance No. ! 1- Page 10 of /6 Rev (/10 K':2010CodeAmwdmeots�Tunpo`aryUses�LUTC'FWRC 1?Business�LUTCOrdinanceFWRC 12.doc Article I. Generaliy 12.25.005 Purpose. (1) The city requires temporary businesses to be registered in order to track businesses for putQoses of talc coliection and compliance monitoring It is unlawful for anyperson to conduct operate en�age in or practice an temporarv business in the citv that is conducted operated enga�ed in or practiced in whole or in part from real propertv located within the citv without having first obtained a temporary business re�istration from che city. Notwithstandin�v other provisions of this chapter the �rantinQ of a tem�orary business registration shall not authorize any person to en�a�e in anv activit�prohibited by federal state or local law or regulation. 12Z5.010 DefiniNons. 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 applicable. "Business " , � , � 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, .,,.i„a;,,,, w... �,.+ t;....;.oa «,.. ,' , . , � , , t�inn � e..ro.w�:...v.e.,t 1:�..e«�o.7 .«.�lo.- (`t,., * ] 1 1 h C\I/Dl�. . . ...».. ...�»... ....�..........,..avaa� aav . � !7\ !'L...:�*....,.. +..e,. �..le� I,.a.. .,..,a FI r ,i � �.....,........, .....� �....» ...w u« � > > > ..+;..:�'e uccz�-[sic�� , ` e , e � s e , ((�l Anv nthra_ :•Y•:1• � ,•�'•. +.-., '� • F . ,�1 `I t' �.,� . ._.> .,....,. .,......... ».,.. ..� .. .....,.�.� . (Ord. No. 09-600, § 8, 1-6-09; Ord. No. 91-110, § 1, i(-5-91; Ord. No. 90-62, § 1, 6-19-90. Code 2001 § 9-386.) r�zzz.ti�.��r.t , , • (Ord. No. 91-110, § 5, 11-5-91; Ord. No. 90-62, § 5, 6-19-90. Code 2001 § 9-387.) Article [I. �ieeese Registration 12.25.020 Temporary business registration re uired. (1) It is unlawful for any person to conduct operate en�age in or practice an,y temporarv business in the city without having first obtained a temporarv business re�istration, unless otherwise exempted �2) It is reco�nized that certain tempOrary businesses can also be Cate�ory I temporary uses as defined in Chapter 19.275 FWRC. Temporarv use a�proval will not be required when a tempo business registration is reauired. However, the substantive temporar�se erovisions of Chapter 19.275 FWRC shall be satisfied prior to issuance of any temporary business registration. (3) Residential Zoning Districts. A tem�orarv business ma�occu�y a site or o�erate within the cit r�for no more than seven (7) da�per occurrence twice within any 365-day period unless otherwise re lgu ated The city clerk may authorize up to one seven (7) day extension per occurrence if such extension will be consistent with the requirements of this chanter Additional fees may applv Ordinance No. 11- Page 11 of /6 Rev V l0 K:�2010 Code Amendments�Temporary Uses�.L[IfC�F'WRC 1 Z Busi�s� WTC Ordinance �FWRC 12.doc f 4) Non-Residential ZoninQ Districts A tem�orary business mav occupv a site for no more than fortv- five (45) davs whether consecutive or nonconsecutive within a calendar vear_ The citv clerk mav authorize up to one fifteen (15) dav extension if such extension will be consistent with the re4uirements of this chapter Anv extension �ranted may be subiect to additional fees. No xnore than one extension mav be granted within anY365 day period. �5) Rovin Mobile [�endors Rovin gmobile 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 shall be permitted to operate reaardless of the zone for no more than ninetv (901 davs, whether consecutive or non- consecutive after a temporarv business re�istration is obtained. The citv clerk mav authorize ua to one seven (7) da�extension per occurrence if such extension will be consistent with the reauirements of this chapter Additional fees mav a�plv Businesses of this nature that operate for a ueriod lon�er than described above must obtain a permanent business registration. (6) If more than one temporarv business is conducted operated engaged in, or practiced on a sin�le premise a separate re�stration shall be required for each separate business. If the same temnorarv business is conducted operated enga�ed in or practiced bv a business owner at two or more vlaces within the citv, that business owner may obtain one temporary business registration that lists all locations of the temuorarv business. ( 2.25.030 Application. (1) Prior to the requested date of commencement the applicant shall submit the followin� information to the city cterk: (a) Application for temporarv business re�istration on forms provided bv the citv, includine si�ned consent from the propertv owner; �b) Site plan, if applicabte; and (c) Fees as applicabie. �2) The city clerk shall review the application 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 temnorarv business registration• condition the application so that it comglies with performance standards and issue the temporarv business registration• or deny the temeorary business re�istration. Un(ess exempted from this article no person may en�a�e in or conduct a temporarv business until a registration has been �ranted. t 2.25.040 �e�-Exceptions. , , , , , � t) The followin� temporary businesses or activities if �enerallv consistent with their surroundin�s, shall not be reauired to obtain a tem�o business re�istration: a) Residentialgara�e or yard sales of typical size and duration; b1 Merchandise and food sales bv scouts Quides and similar nonprofit or�anizations; cLy�ical residential-based lemonade and similar stands; d) Charitable car washes; and �e) Businesses/activities of a similar nature as determined by the citv clerk. (2) No fee shall be charged for the tempo�ry business re�istration of the followin� tvpes of businesses: �,a1 Business activities carried on by nonprofit or�anizations includinQ but not limited to reli�ious. civic charitable benevolent nonprofit cultural school or vouth or�anizations; (b) Anv business or activity which is exempt from pavment of such fees as prescribed bv this chapter bv virtue of applicable provisions of the federal or state constitution, or applicable federal or state statutes; or Ordlnance No. /!- Page l2 of i6 Rev 1/l0 K:`�2010 Code Amendmrnts�Tanporary Uses`�L(IIC�FWRC 12 Busi�ss�LUl'C Ordinance F1NRC 12.doc (c) Any religious societv association, or corporation which operates any charitable hospital, clinic, or institution devoted exclusively to the care or healing 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 €�ep�eris Performance standards. ..«:..e a.,..� :., �o..,,.ti e ... ��,.,. ..,, c o ��...n we ,.�...:,.oa c «�,o u„on� ,� � . , > > > - , . . , , . . , � �.e.,e�t� .,.. �o+ c ...w :., a��s� �n �� n�n ..,,a �n i� i nn , S�k�S: � + �+:t..►:,.,. ,ao ..te,� e,.t„ el., t,. tt.e .. L.e..l: ,.F1,. ,. l.o - - � � e � e e � e , e e e � e e . ...+�.:i. i.4..40 All temporary businesses shall com�lv with the followin�perfortnance standards: (1) In conducting the temporary business the a�plicant shall comply with all county, state, and federal laws and all city ordinances and resolutions that are a�plicabie to the use or the conduct thereof. (2) The applicant shall maintain a current Washington State License and U.B.I . number, as required b�the state Department of Revenue on file with the citv for the duration of the temporary business. �3) All temporary businesses shall obtain all required citypernuts licenses or other approvals e.� land use a�proval buildingpermits si�n permits etc. prior to commencement of the business or occupancy of any site. (4) No temporary business shall occupy or be conducted on public rights-of-way parks or other public lands in anv manner uniess specifically approved by the mayor or desi�nee In the event that such occupation or use is authorized the applicant shall be required to furnish liability insurance with the city as a named insured in an amount to be determined by the mavor commensurate with the risk associated with the conduct of the temporary business. �) Temporary businesses shall also com�lv with a�plicable temporarv use performance standards of FWRC 19.275.05 60. (Ord. No. 91-110, § 2, i 1-5-91; Ord.1�1o. 90-62, § 2(B), (C), 6-19-90. Code 2001 § 9-402.) � � � �_--:_�.-..-...�. � . - - - + . .. - - : - - Ordinance No. / 1- Page 13 ojl6 Rev UIO K:�2010 Code Amendmeu[s�Temporary Uses�LUfC�FWRC 12 Businesc�[.UTC Ordioance FWRC 12.doc . . �� , _ �� . . � . . . . .� _ � .� �� . . .� . . ��. .. � . � .. ��. �.. �� .�.�, F `zZ�iTeTtTi7l.T.'lifRlT.<Y:l�!!*}* S � � r. - - - - Y. Y. S . - - �: Ordinance No. / 1- Page 14 of !6 Rev t/10 K:?2010 Code Artrendmeats�l'emporary Uset�LUTC�FWRC 12 Busiaesa\LUCC Ocd'mance FWRC 12:doc � ! � � i � • � 1 1 � � � 1 � i � . � Cross references: Penalty, FWRC 7.05.070; temporary uses, Chapter 19.275 FWRC; -�9��5�98. , 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/clericat 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. Ordinance No. ! 1- Page /S of 16 Rev t/LO K.�2010 Cak Amendments\Temporary Uses\LUTC`,E1NRC 12 Busicess\LUTC Ordinance FWRC I2.doc Section 6. Effective Date This ordinance shall take effect and be in force thirty (30) days from and after its passage and pub(ication, as provided by law. PASSED by the City Council of the City of Federal Way this day of � CITY OF FEDERAL WAY MAYOR, SKIP PRiEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WTI'H THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO.: Ordinance No. I1- Page /6 of /6 Rev 1/10 K:�2010 Co� Amendma+ts�T�poiacy UseslLUi'C�FWRC f 2 Bus�ess\L(11'C Ordinance FWRC 12.doc Attachment to Agenda Bill Attachment #2 - Minutes from the January 9, 2012, City Council LUTC meeting. COUNCIL MEETING DATE: ,�tme�n�-7 ITEM #: � � CITY OF FEDERA� WAY CITY COUNCIL AGENDA BILL SUBJECT: COMPLETE STREETS ORDINANCE POL[CY QUESTION Should the City Council approve the proposed Comp(ete Streets ordinance modifying the Federal Way Revised Code (FWRC) Section 19.135 to add a new section estabtishing a complete streets provision fihat considers reasonable and appropriate accommodation for alt users of the trarisportation network. COMMITTEE LUTC CATEGORY: ❑ Consent ❑ City Council Business � Ordinance ❑ Resolution MEET[NG DATE January 9 , 2012 ❑ Public Hearing ❑ Other STAFF REPORT BY: Rick Perez P.� Utc�_Tra-Ffi� En�irxer arv DEPT PW/CED --�-----------------I— --�----- Attac6ments: 1). Draft Ordinance; 2). Staff Report to the Planning Commission; 3). Planning Commission minutes of December 7, 2011 meeting. OpNons 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: �?' �'�5C' //�� DIREC'COR APPROVAL: COMMITTEE RECOMMENDATION I move to forward the proposed ordinance to First Reading on January 17, 2012. ; ` " ��,�%� Committee Chair PROPOSED COIJNCIL 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. " 2 READ[NG OF ORDINANCE (.Febr 7, 2012): "I move approval of the proposed ordinance. " (BELO{Y TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: � APPROVED COUNCIL BILL # �� ❑ DEN[ED i reading �.�'� — �� ❑ TABLED/DEFERRED/N0 ACfION Enactment reading ❑ MOVED TO SECOND READIIVG (ordinances only) ORDINANCE # REVISED-08/12/2010 RESOLUTION q ��`�� Committee Member Committee Member 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, c(arify 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 deveiopment regulations and the text of Title 19 FWRC, has complied with Process VI review, chapter i9.80 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 all 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- Pa � 6 Rev U l 0 LU EXt� � � �7'._.�..`_ PAGE..,.�..._OF__�� 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 Transportation Element policies support increased access to � alternative modes of transportation and emphasize transportation 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 finalized on December 27, 2011; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on December 7, 2011; 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 text 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 EXt��' 1 PAGE_ �_.4�� Section 1. Findin�s. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by reinforcing the city's commitment to ensuring infrastructure improvements are made with the consideraxion for safe and convenient travel for multiple modes. (b) These code amendments comply with Chapter 36.?OA RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (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 F WRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter i9.35 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 l/10 LU EX�� PACE.3 �� 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 allow. 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 sa.fety 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/t0 LU EX��'�'� �.. PAGE_�.,�� (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 areas 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 plan for desi�n, and construct all new and retrofitted transportaxion projects to provide reasonable and appropriate accommodation for t�edestrians, bicyclists and transit passengers of all a�es and abilities as well as trucks, buses, and automobiles with a�oal of street connectivity that creates a comprehensive, inte�rated, connected network for all modes. �2) Exceptions. Facilities for bicxclists pedestrians transit users and /or persons of all abilities aze not required to be provided: (a) Where establishment would be contrarv to public safety; (b) Where there is no identified long, term need, as established in citv plans and future travel demand models; (c) Where inclusion in a small project would create a verv short section of improvements with problematic transitions on either end or that are unlikely to be followed bv similar improvements at either end resultin� in little progress on implementin�multi- modal networks as set forth in the transportation chapter of the Federal Wav Comprehensive Plan; andlor (d) Where a modification deferment or waiver to the requirements of this chapter has been granted b��ublic works director per FWRC 19.135.070. 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 Ordinance No. 12- Page S of 6 Rev 1/10 LU EX��'� 1 Pa�E�..��...�� not affect the validity of the remainder of the ordinance, or the validiry 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 conections to this ordinance including, but not limited to, ihe correction of scrivener/clerical enors, 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 31st day of January, 2012. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRiCIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 12- Page 6 oj6 Rev 1/10 LU EX��!� �� - PACE=..�� . Cf7Y Of Federal Way STAFF REPORT Tfl TI�E PLANNING COMNIISSION Amendment to Federa! Way Revisect Code (FWRC� to Estabtish a Comple#e Streets Provision File No's: 11-104631-00-SE & 11-104630-00-UP Pu61ic Hearing of December 7, 2011 I. �ASON FOR AM�NDMENTS The proposed Complete Streets amendment to the FWRC would formalize and reinforce the city's commitment to ensuring infrastructure improvements are made with the consideration for safe and convenient travel for multiple modes. Adopting a Complete Streets ordinance is also complementary to the preparation of the Citywide Bicycle and Pedestrian Master Plan, 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 legistation. In addition to fulfilling aur grant requirements, adopting a complete streets ordinance responds to the 20] 1 Washington State Legislature Comptete Streets Bill (ESHB 1071) and Puget Sound Regional Council(PSRCj policy direction. Adopting a complete streets ordinance wiil make the City of Federal Way eligible to compete for state-funded grants for transportation improvements that create or maintain complete streets. [t is aiso responsive to PSRC's Vision 2040 that prioritizes transportation projects and services that produce greater efficiency, reduce U•ips, and provide more choices. II. BACKGROUND 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 Chapter ] 9.135, "Development Improvements," that addresses complete streets. B. Research and Analysis Staff reviewed recently adopted complete streets ordinances fram other Puget Sound area cities including, Burien, Edmonds, Kirkland, Redmond, Renton, and Seattle. The compiete streets ordinances that 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 Snoquaimie are currentiy taking complete streets legisiation through the pubiic approval process as part of the CPPW grant program. EX��"�1�' � PACE�� S III. PROCEDURAL SUMMARY 1 1/26/11 Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Po(icy Act (SEPA) 12/12J11 End of SEPA Comment Period 12/27/I 1 End of SEPA Appeal Period 12/7/1 l Public Hearing before the Planning Commission IV. PUBLIC COMMENTS No comments were received as of the �date of this report. V. REASQN FUR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Process VI Couocil Rezon,es," establishes a process and criteria for zoning code text amendments, Consistent with Process VI review, tt�e role of the Planning Commission is as follows: 1. To review and evaluate the zoning code text regarding any proposed amendments. 2_ To determine whether the proposed zoning code text amendments meets the criteria provided by FWRC 19:80.130. 3. To forward a recommendation to the City CounciI regarding adoption of the proposed zoning code text amendments. VI. DECISIONAL CRiTERiA FWRC 19.80.130 provides criteria for zoning code text amendments. 'The following section analyzes the comp(iance of the proposed zoning code text amendments with the criteria provided by F WRC 19.80.130. The City may amend the text of the FWRC only if it finds that: 1, The proposed amendment is consistent with the applic�ble provisions of the comprehensive plan. The proposed options for the FWRC code amendment are consistent with the following FWCP policies and goals: TP3 Provide integrated,, multiple travel options to residents and workers, especiaily 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, aad local visions and policies. Staff Report to the Planning Commission PaSe 2 Complete Streets PoGcy Fiies No'x 1i-104b31-00-SE & 1 i-104630-00-UP EX��J" � PaGE_ � _._��= TP31 Integrate the tra�c circulation network with high capacity transit, HOV, bicycle, and pedestrian networks with consideration to regional system needs, including air and port facilities. 'i'P38 Include sufficient area in rights-of-way for bike lanes, sidewalks, and landscaped medians to provide separation from motorized traffic as funds allow. Use landscaped medians to separate opposing tr�c when safety and aesthetic purposes dfictate the need. TG4 Enhance community livability and transportation by providing a con�ected system of pedestrian and bicycie ways that is integrated into a coordinated regional network. TP50 Provide sidewalks on.both sides of ali arterial streets as funding altows. TP51 Provide a one-mile grid ofbicycle facilities connecting major activity centers recreationai facilities, and se#�ocsls. TP52 Incarporate pedestrian and bicycle features as design elements in the City Center as reflected in the FWCP Vision and City Center Street Design Gwidelines. 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. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWRC code amendment bears substantia) re(ationship 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 impmved when people have the abiiity to move throughout the community safe(y and easily on foot and bicycle. 3. The proposed amendment is in the best interest o€ 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 mavement of people using all modes of travel. Complete streets also support economic development as access to cominercial areas and between neighborhoods and commercial areas is enhanced with greater emphasis on connectivity. Livability is improved as it becomes easier to move about the community: VII. STAFF RECOMMENDAT[ON Based on the above staff analysis and decisional criteria, staff recommends that the proposed amendments shown in Exhibit A, and summarized as follows, be recommended for approval by the Planning Commission: Staff Report to the t;lanning Gommission Page 3 Complete Streets Policy Files No's: l 1- I0463 I-00-SG & 1 I.} 04b3E3-fll3-UP EX�"�� PACE.�� 5-- Add a�tew section 19.135205, "Complete Streets," to Chapter 19.135, "Development Improvements," (Exhibit A) that states Ehe city wi11 plan for, design, and construct all new and retrofitted transportation projects to .provide reasonable and appropriate accommodation for pedestrians, bicyciists, and transit passengers of a1t ages and abilities, as-well as trueks, buses, and automabiles, with a goal of s�reet connectivitq that creates a comprehensive, :integrated, connected net�vork for all mocfes. The proposed amendment also provides for exceptions reiated to safety,lack of identified need, size of the pro,ject, and site speci�c conditions thaC may not allow for facilities of al! mode types. VIII. PLANNiNG GOMMISSiON ACTION Consistent with the provisions of FWRC i9.80.240, the Planning Commission may take the �allowing actions regarding the proposed zoning code text amendments: i. Recommend adoption of the FWRC te�ct amendments as recomrr►ended by staff; 2_ Modify'the staff recommended FWRC text amend�nerrts and recommend to the City Council adoption of the FWRC text amendments as modified; 3. Recommer�d to the Gity Gouncil that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to the City Council withaut a recommendation. ExH�rr ExhibitA Praposed new FWRC 19.135.205, "Complete Streets" K:1201 i Code AmendmeatslCompleoe StreetslStaff RepartslStaff Report. i.doc Staff Report to the Planning Commission Page 4 CompleteSire�sPolicy FilesNo's: 1l-104631-00-SE& I1-104b30-00-UP EX�"'�� pa��_.�._.��.� EXHIBIT A Federal Way Revised Code Title 19, "Zoning and Developmeat Code" Chapter 19.135, "Development Irnprovements" 19.135.205 Complete streets. �1) Camplete streets policy. : The Citv of Federal Way will plan for design and construct ali new and retrofitted trans�orta.tion projects to vrovide reasanabie and appropriate accommodation for pedestrians bicvclists and transitpassengers of all aQes and abilities as weI! as trucks, _ . .. _ . . ,. . . . . . .,—� -----.__ _ ..__...__,.�.,..,.,..,e ir��e�, ec��ec�d �iet�a�� for all modes. �21 Exce_ptibns. Facilities for bic cy Iists transit users and/orpersons of all abilities aze not required to be ,�rovided: �1 Where their establishrnent would be contrary to public safetv; (b) Where there is no identified lon� term need as established in citv plans and future travel demand models; fc) Where their inclusion in a small project would create a verv short section of improvements witlt problematic transitions on either end or that are untikelv to be foltowed by similar im�rovements at either end resulting in little pro�ress on implementin� multi-modal networks as set forth in the transportation chanter of the Federal Way com�rehensive Plan; and/or �) Where a modification deferment or waiver to the requirements of this chapter has been granted by the public works director �er FWRC 19.135A70. K:12011 Code A�nendmentslCompkte.. $treetslSEPA\l 1221.1 Proposed ammdment langgw!}t3.doc Ex�� PACE-� ...��,....._ CITY OF FEDERAL WAY PLANNING COMM[SS(ON December 7, 201 1 City Hall 7:00 p.m. Counci( C hambers 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 [saac Con(en, Senior Ptanner Deb Barker, Senior Planner Janet Shull, Planning Intern Ale�ca Heidrich, City Traffic Engineer Rick Perez, Assistant City Attorney Peter Beckwith, and Administrative Assistant [I Tina Piety. CALL TO ORDER Chair Pfeifer cailed the meeting to order at 7_00 p.m. Cornmission Carlson was excused to leave at 8:30. APPROVAL OF M[NUTES The minutes of November 2, 2011, were approved as presented. AUDIENCE COMMENT None ADMIN[STRATIVE REPORT Planning Manager Conlen announced that a year-end report will be presented at the first meeting in January. COMMISS[ON BUSINESS PuB�tC HEa►tt[tvG — Proposed Amendments Related to Temporary Uses, FWRC 19.275 This is a continuation of the October 19, 2011, pub(ic 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, pubiic hearing and staff responses 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 3.56`" 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 favorabte 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 Canmission1201 1 UNeeting Su+nmary� 12-07- I I. dx ��I��.__��y�.___�. �S Plannin� Comcnission Minutes Page 3 December 7, ?01 1 Planning Manager Conten stated the 4S-day duration (with a 1�-da� extension) applies city�vide. 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 (imited 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 4�-day duration. In any case, they must have a regular business iicense and if given a temporary use pennit, they may need a temporary business (icei�se as well (staff needs to research whether a temporary business license wi(I 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 reptied 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. 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 al! non-residential temporary uses for 45 days with one 15 day extension. The Commissioners were pleased and agreed by consensus to the staff suggestion. Al(owed 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 day extension. After that they become permanent. The Commissioners discussed their concern that an applicant may be required to have a regular business ticense and a temporary business license; they feel an applicant should oniy 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. (t 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 al(owed 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 woutd implement the Planning Commission direction by permitting only temporary uses that are permitted under code, a(though 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 a►lows those special events to take place, as well as temporary uses that may not be appropriate or al lowed in a particular zone to be in business for 45 days with a 15 day extension. Commissioner Carlson supports option B allowing al) uses in all zones with a short duration in residential zones_ Commission Elder agrees. Commissioner Medhurst is concerned that al(owing temporary uses in ali zones would allow a K.�PlanningCommission�20111Mee0ngSummary II-02-Il.dce � „ 1� ��.�1�9 � _ 2 a �.-S t - - -_ _.__.�..� Plannin� Commission Minutes Pa�e � December 7, `?01 I business to operate in a zone �� here they are currently not al lo�ti�ed. He feels option B is inconsistent with what zoninb criteria are meant to do. He supports option A. Coiiirnissioner Carison commented that he supports option 8 because the duration in residential zones has been tightened. Commissioner Bronson pointed out that optioi� B refers only to non-residential zones, �vhile 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 Car(son commented that he had misread option B and he supports ailowing 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 woutd 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 accordi��g 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 disa(low 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 retai(ers, who may be next? Commissioner Long also supports option B. He is concerned that disallowing auto sales wou(d 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 saies tax would be col(ected by the city. Commissioner Medhurst asked how the city will co(lect the sa(es tax. Planning Manager Conlen replied that staff is current(y 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 unusab(e. 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.�A 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 number (3) and (3)(a) as follows: « „ For FWRC 19.275.-1-�8 090, change number (1) to read as follows: "(1) Residentially zoned lots are a(lowed onty e�►e two containers at any time." For FWRC 19275.�A 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 al(owed by the director, or interfere with safe sight distance or traffic circuiation in adjacent streets and sidewa(ks; and. _." There was no further discussion and the motion carried (one opposed, six in favor). The public hearing was closed. K 11-02-I I doc �� .d +' " � ✓ � �� : � _ f _. _ ,�- a�._� Plannin� Commission Minutes Pa�e � December 7, ?O l 1 PUBL[C HEARiNG — Proposed Amendments Retated to Complete Streets, New FWRC 19.13�.205 City Traffic Engineer Perez delivered the staff report. Cornmissioner 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 impro��ements are made �vith the consideration for safe and convenient travel for multiple modes. Comp(ete Streets are: designed and built for all users and therefore serve everyone; are beneficial to pedestrians, bicyclists, transit users and drivers, and peop(e with disabilities, e(derly persons, and chiidren; and are safe, convenient, and accessibie for aIL The proposed amendment will add a new section to EWRC Chapter 19.135, "Development Improvements," that will address Complete Streets. Having a Complete Streets provision positions Eederal Way to be e(igible to participate in the Comp(ete Streets grant program that wil( potentia(ly 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 dces 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 wil( be incorporated into the Pub(ic 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. Meaning, if the nearest sidewaik is a mile away, the city is unlikely to require the deve(oper put in sidewalks. Commissioner Carlson moved (and it was secondec� to recommend approva( ofthe proposed amendment with the remova( of the word "their" from (2)(a) and {2)(c). There was no further discussion. The motion carried (six yes, one recused). The pubGc hearing was closed. STUDY SESSiON — 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 po(icy and planning recommendations to increase access to healthy food in Federal Way. In addition, she provided a report tit(ed "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 inc(ude the foilowing issues: • We have t►igher than King County average rates of health-related issues, including diabetes. • Over 87% of our tand area is greater than '/z mile from a supermarket. • There are (ow income areas in Federal Way that are greater than '/z mile from a superrr►arke� • There are almost four times as many fast food and convenience stores as there are healthy food stores in Federai Way. • Many fast food and convenience stores are located near our schools. • We have a growing local interest in community gardens, farmers' maricets, and urban agricu(ture. Recommendations of ways to address these issues are: 1. Establish farmers' market policy. 2. Ensure farn►ers' market viability. K:1Plannim�Commission�2071llNeetingSummary 11-0?-Il.doc , � � � e _ .. — �� _ Plannin� Commission Minutes Paoe � December 7, 20l l C 8. 9. 10. 11. I 2. Establish community �arden polic� . Faci(itate community gardening on private, vacant land. Establish urban agriculture polic}. Support existing and potential heafthy food retailers near residential areas. Explore mobite vending opportunities. Prioritize transit and pedestrian access to food retail. Facilitate small retailers' knowledge of public health permits. Create a healthy schoot food zone. Monitor the baiance of heatthy 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 Shui( replied that it does not. T'he 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 commented that he feels this (acks an educationai component. He feels it wil( 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 Shul( replied that'/z a mile is considered the furthest distance a person is wi(ling to wa(k carrying groceries. One reason convenience stores are reluctant to carry fresh food is the concern it wil( spoil before it is sold. Some cities are a(lowing 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 tikes the study and the emphasis on community gardens, just don't add regu(ations. Senior Ptanner Shuli 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 ciry allow and encourage P-Patches. Chair Pfeifer asked everyone to remember Pearl Harbor. ADJOURIV The meeting was adjourned at 9: i 5 p.m. K Commission�201 lUNeeting Summary 1 L02-11.da _ , , , ,..: : _ , . __._S�5 ..