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LUTC PKT 05-07-2012City of Federal Way City Council Land Use/Transportation Committee May 7, 2012 5:30 p.m. Presenter Page LeMaster 2 Roberts 5 MEETING AGENDA Website 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/Description A. Approval of Minutes: April 9, 2012 B. S 320"' St at 20"' Ave S Intersection Improvement Project - 30% Design Status Report D. Conservation Property Acquisition E. 2012-2013 Department of Ecology Capacity Grant — Additional Funding C. Proposed Amendments to the FWRC Regarding: Review Process for Minor Exterior Building Modifications; Review Process for Improvements to Developed Sites; Review Process for a Change of Use; and Non-Conforming Development Standards F. Proposed Zoning Compliance Review Fee G. 2012 Planning Commission and Long Range Planning Work Program 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting is scheduled for May 21, 2012. 6. ADJOURN Appleton 7 Appleton 11 City Hall Council Chambers Action or Info Action Action Action Action Harris 14 Action Harris 63 Action Clark 64 Action Council Date Time N/A 5 min. May 15, 2012 5 min. Consent May 15, 2012 30 min. Consent May 15, 2012 min. Consent May 15, 2012 15 min. Ordinance 1� Reading May 15, 2012 5 min. Consent May 15, 2012 10 min. Consent Committee Members ��h/ �� Bob Celski, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Jeanne Burbidge, Member Darlene LeMaster, Administrative Assistant II Susan Honda, Member 253-8,?5-2701 G. �LUTCILUTCAgendas and Summaries Z012�5-07-1012 LUTCAgenda.�c Apri19, 2012 530 PM City of Federal Way City Council Land Use and Transportation Committee City Hall City Council Chambers MEETING SUMMARY Committee members in attendauce: Committee Chair Bob Celski, Committee member Jeanne Burbidge and Committee member Susan Honda Council members in attendance: Linda Kochmar Staff in Attendance: Director of Parks, Public Works and Emergency Management Cary Roe, Planning Manager Isaac Conlen, Deputy Public Works Director Marwan Salloum, Principal Planner Mazgaret Clark, Traffic Engineer Rick Perez, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Celski called the meeting to order at 5:30 PM. 2. PUBLIC COMMENT There was no public comment: 3. BUSINESS ITEMS Forward Topic Title/DescripNon to Council A. B. Approval of the March 5, 2012 LUTC Minutes Committee approved the February March 5, 2012 LUTC minutes as presented. Moved: Burbidge Seconded: Honda Passed: Unanimously, 3-0 N/A Grant Funding for Transportation Improvement Projects — Authorization to Submit an Apr. 17, 201 � Application Consent City Traffic Engineer Rick Perez presented information on this item. There was no public comment. Committee Member Honda asked how sidewalk improvements along 16`� Ave SW near Adelaide Elementary School will affect on-street parking. Mr. Perez explained that parking will not be impacted. Cars will still be able to parallel park and buses will be able to stop and load/unload. The pedestrian beacon will be placed per the requirements of state law. Committee Member Burbidge and Chair Celski asked clarifying questions regazding parking and pedestrian flashers. Mr. Perez responded that regulaz school zone flashing beacons will be used at these proposed locations and that cost is included in the grant cost estimate. Committee forwarded Option #1 as presented. Moved: Honda Seconded: Burbidge Passed: Unanimously; 3-0 2 Land Use/Transportation Committee 9, 2012 C. Mark Twain Elementary Safe Route to School Program — 85% Design Status Report and Apr. 17, 2012 Authoriaallon to Bid Consent Deputy Public Works Director Marwan Salloum presented information on this item. There was no public comment. Mr. Salloum shared a response to a recent question by Committee member Burbidge on this topic, explaining how school district property came to be part of this project. There was no other discussion. Committee forwarded Option #1 as presented. Moved: Burbidge Seconded: Honda Passed: Unanimously; 3-0 D. 2012 Planning Commission and Long Range Planning Work Program N/A Principal Planner Margaret Clark presented information on this item. There was no public comment. Council member Kochmar asked how far staff will be able to get on their priority list with only 1.5 F.T.E. Ms. Clark responded that the high priority items are likely to be accomplished in 2012. Council member Kochmar stated she is interested in the code amendment that increases the maximum allowable building height in the City Center. There was brief discussion regarding a code amendment to allow inspection of rental housing on a yearly basis and concerns over how an amendment would be enforced. Principal Planner Clark stated that staff would be looking at other nearby jurisdictions for similar codes and evaluating if they could work in Federal Way. Planning Manager Conlen said that staff will probably not be able to get to this particular item this yeaz. Committee Member Honda thanked staff for briefing her on the proposed work plan. Chair Celski asked about moving the `incentive for development' from low priority to medium priority, as the Committee wants to encourage development. Council member Kochmar suggested also moving a`more streamlined process for binding site plans' from medium to high priority. Chair Celski commented that he has received lots of positive interest in community gardens. Committee tabled this item and asked staff to bring it back to the May 7, 2012 LUTC meeting. 4. OTHER A request for public comment came from a resident arriving late to the LUTC meeting. Nancy Combs, 30441 21 Ave SW, Federal Way — Ms. Combs voiced her frustration over the Ventana neighborhood. Ms. Combs referenced her recent petition for a four-way stop at SW 304`" St at 21 Ave SW and commented on a recent pedestrian accident. Ms. Combs stated there should be a signal at Dash Point Road and I2` Ave SW instead of Dash Point Road and 8` Ave SW. Director Roe noted the petition for the four-way stop. Staff is currently confirming that the required signatures are within the appropriate boundaries of the petition location. An analysis will begin in the next couple of weeks that analyzes traffic volume, speed and accident history. Results from this traffic study should be available by the end of April or beginning of May. Director Roe also noted the "Safe Route to School Program" at Adelaide Elementary will add sidewalks and school zone flashers along 16`�' Ave SW. The impact these improvements will have to 21 Ave SW is currently unknown. 3 G:\LUTC\LUTC Agendas and Summaries 2012W-09-12 Minutes.doc Land Use/Transportation Committee Page 3 April 9, 2012 5. FUTURE MEETING The next LUTC meeting will be Monday, May 7, 2012 at 5:30 PM in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 6:35 PM. Attest: COMMITTEE APPROVAL: Darlene LeMaster, Administrarive Assistant II Bob Celski, Chair Jeanne Burbidge, Member Susan Honda, Member 4 G:\LUTC\LUTC Agendas and Summaries 2012\4-09-12 Minutes.dce COUNCIL MEETING DATE: May 15, 2012 MEETING DA�: May 7, 2012 SUB.iECT: S 320` Street at 20`� Avenue S Intersection Improvements Project — 30% Design St atus Report POLICY QUESTION Should the Council authorize staff to proceed with design of the S 320�' Street at 20 Avenue S Intersection Improvements Project and return to the LUTC and Council at the 85% design completion for further reports and authorization? CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business ■ ■ Ordinance ResoluNon STAFF REPORT BY: Brian Roberts, P. E., Street Systems Project ❑ Public Hearing ITEM #: Other DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated May 7, 2012. Options Considered: 1. Authorize staff to proceed with the design of the S 320`" Street at 20`" Avenue S Intersection Improvements 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 May 15, 2012 City Council Consent Agenda for approval. MAYOR APPROVAL: _f�G �� DIRECTOR APPROVAL: Commi e Council Co Council COMMITTEE RECOMMENDATION: Forward Option 1 to the May 15, 2012 City Council Consent Agenda for approval. Bob Celski, Chair Jeanne Burbidge, Member Susan Honda, Member PROP03ED COUNCIL MOTION "I move to authorize staff to proceed with the design of the S 320` Street at 20 Avenue S Intersection Improvements Project and return to the LUTC and Councid at the 85% design completion stage for further reports and authorization. " (BELOW TO B�' COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED lsr reading ❑ TABLED/DEFERRED/lY0 ACTION Enactment reading ❑ MOVED TO SECOND READING (a�dinm:ces only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 5 CITY OF FEDERAL WAY MEMORANDUM DATE: May 7, 2012 TO: VIA: FROM: SUBJ ECT: BACKGROUND Land Use and Transportation Committee Skip Priest, Mayor Cary M. Roe, P.E., Director of Parks, Public Works an Emergency Management '� Brian Roberts, P.E., Street Systems Project Engineer� S 320` Street at 20�' Avenue S Intersection Improvements Project — 30% Design Status Report The intent of this project is to increase the capacity of the intersection by the addition of a second left-turn lane in each direction of S 320 Street at 20` Avenue S, with 250 feet of turn lane storage. Work will include utility relocation, storm drainage, paving, curb, gutter, sidewalk, street lighting, traffic signal replacement, 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 • GeotechnicalInvestigation • Project Design to 30% Ongoing Tasks Include: • SEPA Submittals • Right of Way Plan • Channelization Plans • Preliminary Contract Specifications • Project Design to 85% PROJECT ESTIMATED EXPENDITURES: Design ROW Acquisition 2013 Construction Cost 10% Construction Contingency Construction Management TOTAL PROJECT COSTS AVAILABLE FUNDING: Budgeted City Funds Mitigation Interest TOTAL AVAILABLE BUDGET $ 400,000 0.00 3,000,000 300,000 375,000 $ 4,075,000 $ 500,000 144,284 3,245 $ 647,529 This project has funding for Design and right of way acquisition only thru available project Mitigation and City capital funding; no construction funding is budgeted at this time. 6 COUNCIL MEETING DATE: May 15, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUB.�CT: West Hylebos Conservation Property Acquisition POLICY QUESTION Should the Council authorize staff to proceed with the West Hylebos Property Acquisition Program, pursue and implement the open space vision for Spring Valley and the West Hylebos and accept the 2012 King County Conservation Futures Grant in the amount of $300,000? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ City Council Business STAFF REPORT BY: William A ❑ Ordinance ❑ Resolution n, P. E., Surface Water MEETING DATE May 7 , 2012 ❑ Public Hearing Other DEP'r: Public Works Attachments: Land Use and Transportation Committee memorandum dated May 7, 2012. Options Considered: 1. Authorize staff to proceed with the West Hylebos Property Acquisition Program, pursue and implement the open space vision for Spring Valley and the West Hylebos and accept the 2012 King County Conservation Futures Grant in the amount of $300,000. 2. Do not authorize staff to proceed with the West Hylebos Property Acquisition Program and return all remaining Conservation Futures Funding associated with the program. MAYOR'S RECOMMENDATION Mayor recommends forwarding Option 1 to the May 15 2012 City Council Consent Agenda for approvaL MAYOR APPROVAL: ��/� � DIRECTOR APPROVAL: __�� i� Comm ee Council Committee Council COMMITTEE RECOMMENDATION Forward Option 1 to the May 15 , 2012 City Council Consent Agenda for approval. Bob Celski, Chair Jeanne Burbidge, Member Susan Honda, Member PROPOSED COUNCIL MOTION "I move to authorize staff to proceed with the West Hydebos Property Acquisition Program, pursue and implement the open space vision for Spring Valley and the West Hylebos and accept the 2012 King County Conservation Futures Grant in the amount of $300, 000. " (BELOW TO BE COMPLETED BY ClTY CLERKS OFFICE) COUNC[L ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/lY0 ACTIOIY Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTIOPI # CITY OF FEDERAL WAY MEMORANDUM DATE: May 7, 2012 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor �� FROM• Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management�/�'' ` ' William Appleton, P.E., Surface Water Manager �� SUBJECT: Conservation Property Acquisition Program BACKGROUND: At the March 15, 2011 City Council meeting, Surface Water Management (SWM) staff requested authorization to apply for King County Conservation Futures (KCCFT*) Funding, in the amount of $400,000**, and to add additional conservation properties to the West Hylebos Basin Land Acquisition project. Council approved the request and asked that prior to any further property acquisitions, SWM staff give a presentation on conservation property acquisition to allow for a clearer understanding of the long term goals and benefits associated with the project. Since 1994, the City Of Federal Way has actively supported the preservation and restoration of high value habitat throughout the City with the most focused effort being within the West Hylebos Basin due to the riparian corridors' high conservation value. The purpose of conservation property acquisirion and restoration is to protect and provide opportunities to restore waterway systems in a comprehensive and integrated manner to improve the livability of Federal Way, support recovery of the Puget Sound and provide our citizens with environmental education and stewardship opportunities that strengthen ties to our City and Region. Benefits of the conservation property acquisition project include: • Preservation of riparian habitat for natural flood attenuation and water quality benefits; • Preservation of scenic areas, cultural resources and urban wildlife for future generations; • Educational, recreational and passive use enjoyment opportunities; • Water quality and stream restoration opportunities; • Strengthens water quality/restoration Grant applications; • Environmental stewardship opportunities; • Conservation Futures Funding collected in Federal Way benefits Federal Way residents directly. The vision is that this project will provide the open space and conservation properties necessary to support the long-term needs of our community with respect to water quality and natural flow attenuation, habitat preservation, environmental education and stewardship opportunities, environmental restoration and recreational enjoyment. The West Hylebos Basin Land Acquisition project within the SWM Utilities' Capital Improvement Program has been an ongoing project focusing on the acquisition of high value conservation properties within the West Hylebos Basin. To date, the project has matched $761,OOU in KCCFT Grant funding with $455,000 of SWM funding to purchase six parcels totaling 39.4 acres. The project currently has 42 acres of property and 9 acres of easements identified for acquisition with available funding of $1,355,000 ($640,000 in KCCFT ,$75,000 in NERDA*** and $640,000 in SWM funding). A map showing both acquired properties, properties under consideration for acquisition and targeted easements is attached. Provided in Table 1 are details on the properties identified in the West Hylebos Basin Land Acquisition project. A conservation property maintenance program is in place to facilitate the long term maintenance and upkeep of properties acquired. 8 Prior to continuing forward on this project, Staff is asking Council to reaffirm their support for the Conservation Property Acquisition Project which directly supports the vision of providing open space, environmental education, stewardship and restoration opportunities wifhin the Hylebos Basin for the citizens of Federal Way and Puget Sound Region. The options before Council are to authorize staff to proceed with the West Hylebos Property Acquisition Program, pursue and implement the open space vision for Spring Valley and the West Hylebos and accept the 2012 King County Conservation Futures Grant in the amount of $300,000; or, to direct staffto not proceed with the West Hylebos Property Acquisition Program and return all remaining Conservation Futures Funding associated with the program. Table 1: List of A roved Conservation Pro e Tar ets West Hylebos Conservation Connectivity Score Priori Basin Size Easement/Fee Score Ranking Pro erties (acres) Simple (55 pts) (10 pts) Ci Cost Kwon 22.4 Ci Owned $715,000 Kim 10.6 Ci Owned $185,000 Entickna 6.4 Ci Owned $230,000 Brid es 17.26 Fee Sim le 53 10 TBD 63 1 Barovic 11.2 Fee Sim le 35 10 TBD 45 2 Castellar 4.6 Fee Sim le 22 6 TBD 28 4 Gowers 1.97 Fee Sim le 23 10 TBD 33 3 Sn der 6.92 Fee Sim le 25 10 TBD 35 3 Harms 3 Easement 31 5 TBD 36 3 Carlson 3 Easement 20 10 TBD 30 4 Ostrum 3 Easement 12 4 TBD 16 4 * King County Conservation Fun�res Program is supported by a Levy on allproperties within King County that collects $. OS per $1, 000 ofproperry value. Jurisdictions in King County compete annually for grant funding under this program. City Of Federal Way residents/businesses contriba�te approximately $400, 000 annually to KCCFT. ** The KCCFT citizen advisory board has recommended thc�t the City of Federal Way receive $300,000 for 1012. Funding is expected to be approved by King County Counci! by mid-summer 2012. *** Commencement Bay Natural Resource Trustees City of 2011 West Hylebos Cit Revision Date: March 2011 Y 33325 8th Aee S Federal Way Property Aquisitions �� (W) www.cRyoffederahvay.com � 1 inch = 850 feet � ��*• �F � 0 425 850 j This map is intended for use a� �graphical representaUOn only. � Federal Way V The City of Federel Way makes no wartanty as to its accu►acy. tn � Feec N COUNCIL MEETING DATE: May 15, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT 2012-2013 Department of Ecology Capacity Grant POLICY QUESTION Should the Council authorize staff to accept the 2012-2013 DOE capacity grant in the amount of $50,000, and budget these funds into the 2013 Surface Water Management budget? COMMITTEE Land Use and Transportation Committee CATEGORY: � Consent ❑ Ordinance MEETnvG DATE: May 7, 2012 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY William Appleton, P. E., Surface Water Manag DEP'r: Public Works Attachments: Land Use and Transportation Committee memorandum dated May 7, 2012. Options Considered: 1. Authorize staff to accept the 2012-2013 DOE Capacity Grant in the amount of $50,000, and budget these funds into the 2013 Surface Water Management budget? 2. Do not authorize staff to accept the Grant. _ MAYOR'S RECOMMENDATION Mayor recommends forwarding Option 1 to the May 15, 2012 City Council Consent Agenda for approval. MAYOR APPROVAL: ��Gd�G� DIRECTOR APPROVAL: _�I /Y/ � Commi e Council Committee Council COMMITTEE RECOMMENDATION Forward Option 1 to the May 15, 2012 City Council Consent Agenda for approval. Bob Celski, Chair Jeanne Burbidge, Member Susan Honda, Member PROPOSED COUNCIL MOTION "I move to autharize staff to accept the 2012 DOE capaciry grant in the amount of $S0, 000, and budget these funds into the 2013 Surface Water Budget? " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ ApPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 02/06/2006 COUNCIL BILL # 1 reading Enactment reading ORDINANCE # RESOLUTION # 11 CITY OF FEDERAL WAY MEMORANDUM DATE: May 7, 2012 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM• Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management � ' William Appleton, P.E., Surface Water Manager � SUBJECT: 2012-2013 DOE Capacity Grant — AddiNonal Funding BACKGROUND: In December of 2011, the Surface Water Management Division of Public Works was notified by the Department of Ecology that an additional $50,000 of grant funding will be made available to Surface Water Management to help cover costs associated with the City's NPDES Phase II Permit activities. A copy of the notification letter from DOE is attached. Staff is requesting authorization to accept the additional grant funds, and to program the expenditure of these funds into the 2013 Surface Water Management Budget. Specifically, funds will be programmed to support the video inspection program, NPDES related minor equipment purchases, public education and outreach, and the Illicit Discharge Detection and Elimination program. 12 � sTar �� , 0 4 �i Y W w � n z^ x <? oy �'L 1889 � STATE OF WASNItVGTON DEPARTMENT OF ECOLOGY PO Box 47600 • Olympia, WA 98504-7600 • 360-407-6000 711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341 December 23, 2011 William Appleton, Surface Water Manager City of Federal Way 33325 8th Ave S Federal Way, WA 98003-6325 Re: City of Federal Way Mnnicipal Stormwater Capacity Gra.nts Grant Na. G1100044' Dear Mr. Appleton: I am pleased to inform you that the.Department of Ecology (Ecology) will be awarding an additional $50,000 in grant funds to the City of Federal Way for the Municipal Stormwater Capacity Grant project. The gran# is provided from an $8.9-million appropriation by the Legislature in the 2012-13 Operating Budget, from the Local Toxics Control Account. The award of these additional funds is contingent on continued appropriation through the state Legislature. These grant funds are provided to help National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Phase II communities comply with provisions of the NPDES Municipal Stormwater Permit requirements and to improve and'protect water quality in Washington State. The City of Federal Way can use the funding to address planning, implementation, or management of municipal � stormwater programs. Stormwater facility construction projects are not eligible for funding through this grant opporlunity. The funding will be awarded through an amendment delivered to you in January 2012 for signature. The purpose of the Local Government Stormwater Grant program is to provide funds in the form of grants to help develop Phase II community capacities, including planning, management and implementation, to better manage stormwater and reduce irnpacts to water quality. If you would like further information regarding this grant funding, please contact Tracy Farrell, Ecotogy's project manager, at 360-407-7039. For further information about the Local Toxics Control Account or any of our other funding programs for improving and proteeting water quality, please call JeffNejedly at 360-407-6566. Sincerely, �y2�� /�� Kelly Susewind, P.E., P.G. Water Quality Program Manager KS:TF:mb �� S 1 COUNCIL MEETING DATE: May 15, 2012 ITEM #: SUS.IECT: Proposed amendments to the FWRC regarding: review process for minor exterior building modifications; review process for improvements to developed sites; review process for a change of use; and nonconfornung development standards. POLICY QUESTION Should the City amend the Federal Way Revised Code (FWRC) to modify the review process for minor exterior building modifications; modify the review process for improvements to developed sites; modify the review process for a change of use; and eliminate a sction of the nonconformance standards that require site upgrades when there is a change of use? CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL COMMITTEE Land Use/Transportation Committee CATEGORY: ❑ Consent ❑ City Council Business /1 ■ Ordinance Resolution STAFF I2EPORT BY: Contract Planner Jim Harris MEETING DATE May 7 , 2012 ❑ Public Hearing ❑ Other DEr'r: Community & Economic Development Summary: The proposed amendments to the Federal Way Revised Code (FWRC) Chapter 19 would: unplement a more streamlined and less costly review process for a change of use. The proposed amendments would also revise the land use review process to create a more efficient and less costly land use review process for minor exterior building modifications and improvements at developed sites. The Planning Commission held a public hearing on the proposed amendments on Apri14, 2012, and recommended the City Council approve the zoning code amendments. Attachments: 1) Draft Adoprion Ordinance; 2) Staff Report to the Planning Commission with Exhibits A& B; 3} Draft minutes of the Apri14, 2012, Planning Commission Public Hearing. ' Options Considered: 1) Adopt the Planning Commission's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Planning Commission's recommendation as further amended by the LUTC; 3) Do not adopt the Planning Commission's recommendarion. PLANNING COMMISSION'S RECOMMENDATION The Planning Commission recommends adoprion of the proposed amendments as written in the Draft Adoption Ordinance. �- MAYOR APPROVAL: /I�I//.O✓YI DIRECTOR APPROVAL: Council �ommittee Council COMMITTEE RECOMMENDATION I move to forward the proposed ordinance to First Reading on May 1 S 2Q12. Bob Celski, Committee Chair Jeanne Burbidge, Committee Member Susan Honda, Committee Member PROPOSED COUNCIL MOTION(S�: i READING OF ORDINANCE (MAY 15 2012): I move to forward approval of the ordinance to the June S, 2012, Council Meeting for adoption. 2 READING OF ORDINANCE (June 5 , 2012): "1 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED I reading ❑ TABLED/DEFERRED/NO ACTION EnaMment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 14 ORDINANCE NO. 12- AN ORDINANCE of the City of Federal Way, Washington, relating to review processes for minor exterior building modifications, improvements to developed sites, and change of use; amending FWRC Sections 19.15.020, 19.15.030, 19.15.025, 19.30.090, 19.210.010, 19.210.030, 19.215.010, 19.215.080, 19.220.010, 19.220.020, 19.220.030, 19.220.110, 19.225.010, 19.225.100, 19.230.010, 19.230.120, 19.235.010, 19.235.080, 19.240.080, and 19.240.130. (Amending Ordinance Nos. 97-291, 10-673, 07-573, 00-375, 09-594, 10-652, 06-515, 04-468, 02-420, 97-307, 92-144, 92-135, 91-113 and 90-43.) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRCj, "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulatians and the text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and VVHEREAS, it is in the public interest for the City Council to adopt amended development regulations related to: review process for minor exterior building improvements; review process for improvements to developed sites; review process for change of use; and eliminate a section of the nonconforming development standards; and WI�REAS, the proposed amendments would modify FWRC section 19.15.020 regarding the review process for minor exterior building modifications; and WHEREAS, the proposed amendments would modify FWRC section 19.15.030 regarding the review process for improvements to developed sites; and WHEREAS, the proposed amendments would add a new section FWRC 19.15.025 regarding the review process for when new non-residential tenants occupy existing buildings (change of use); and Ordinance No. 12- Page 1 oj9 Rev 1/10 LU 15 WHEREAS, the proposed amendments would eliminate a portion of FWRC section 19.30.090 regarding nonconforming development requirements when there is a change of use; and WHEREAS, the proposed amendments would eliminate the definition of change of use in FWRC section 19.05.030(C); and WHEREAS, the proposed amendments would modify FWRC zoning use charts: 19.210.010, 19.210.030, 19.215.010, 19.215.080, 19.220.010, 19.220.020, 19.220.030, 19.220.110, 19.225.U10, 19.225.100, 19.230.010, 19.230.120, 19.235.010, 19.235.080, 19.240.080, 19.240.130; and Wf-�EREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the proposal on March 30, 2012, and no comments or appeals were received and the DNS was finalized on Apri127, 2012; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on Apri14, 2012, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use/Transportation Committee (LUTC) of the Federal Way City Council considered these code amendments on May 7, 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: 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 providing flexibility in the zoning code, while establishing a more efficient review process for building permits and zoning approvals for new and existing non-residential uses. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. Ordinance No. 12- Page 2 of 9 Rev 1/10 LU 16 (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 FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the� proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUP3 Use design and performance standards to create attractive and desirable commercial and o�ce developments. L UP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. LUP35 Allow a broad range of commercial, retail, o�ce, industrial, and supportive uses to meet the needs of workers and consumers, in well integrated, well functioning, high quality developments. EDG6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. EDPIO The City will work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the community. EDP18 The City will periodically monitor local and regional trends to be abde to adjust plans, policies, and programs. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they will allow a streamlined development review process for projects. The proposed amendments will not adversely affect the public health or safety. The proposed amendments will make the Ordinance No. 12- Page 3 of 9 Rev !/10 LU 17 development review process more predictable and simple for applicable proposals with less cost and a shorter review time for the applicants. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because the proposed amendments will provide flexibility in the zoning code while establishing a more efficient review process far building permits and zoning approvals for new and existing non-residential uses. The proposed amendments would create a more predictable and efficient review process for the applicant as well as City staff, thereby making more efficient use of staff resources. Approval of the, proposed text amendments would benefit the city as a whole as they would provide the opportunity for a shorter and less costly review process for proposed development and/or redevelopment of structures, and encourage the development and occupancy of vacant exiting non-residential buildings in the city. Section 3. FWRC 19.OS.Q30C is hereby amended to read as follows: 19.05.030 C definitions. "Canopy" means a permanent, rigid, roof-like structure that projects from a building as a shelter, with no habitable space above it, but that does not project above the adjacent parapet or roof of a supporting building. A freestanding canopy is a rigid, roof-like structure providing shelter that is supported by one or more posts embedded in the ground. � Cargo Containers. See "outdoor storage containers" and "portable moving containers." "Cell-on-wheels (GO-W) " means a mobile temporary personal wireless service facility. "Cemetery" means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses, when operated in conjunction with and within boundaries of such cemetery. ,.�.,as w,.t .,,.. �.� �:...:+°a *,. ., ,.�. � �� C2\ T«..F�.. .. ...,s:..«.. e e � � > > "Church, synagogue or other place of religious worship " means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. "Clearing" means the destruction and removal of vegetation by manual, mechanical, or chemical methods. "Clearview zone " means the areas around intersections, including the entrance of driveways onto streets, which must be kept ctear of sight obstruction. See FWRC 19.135.300. Ordinance No. 12- Page 4 of 9 Rev 1l10 LU 18 "College or arniversiry" means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Section 4. FWRC 19.15.020 is hereby amended to read as follows: 19.15.020 ��ie�s. Exemptions Permits for the following are exempt from the provisions of process I through IV: (1) The development of detached dwelling units on pre-existing lots, except where a land use process is triggered by the requirements of FWRC 19.145. (2) Any tenant improvements or normal maintenance on the subject property necessary to meet the varied requirements of continuing or succeeding tenants, except as identified in FWRC 19.15.025. (3) The Director of Community and Economic Development ser��es may exempt minor additions from the requirements of this chapter such as but not limited to additions necessary to house mechanical equipment such as coolers, heating, ventilation, and air conditioning type of equipment, minor exterior building facade modifications such as awnings and canopies, installing or relocating windows or doors. The Directar ma�exempt other similar improvements, for examQle improvements not visible from ri ts of-wav or residential uses or zones. Projects exempted from process I through N shall be reviewed for zoning compliance with the associated buildin�, mechanical or other permit. Section 5. A new section of FWRC 19.15.025 is hereby added to read as follows: 19.15.025 Zonin� and use review process for new tenants — Chan�e of use at a developed site. The purpose of this section is to review and determine compliance with applicable zoning and development code requirements when a new use is pro�osed to occu�,y an existinp building or site, except single familv and multi-family residential proposals. When a land use changes from one use cate�orv in the zoning charts to another use category, a zonin�pliance review shall be performed as part of the use process review, when required, or in con1unction with the required business reg,istration and/or buildin�permit review. Each paragraph in a zonin� chart is a use cate ory. If the new use is in the same use category as an�previous le�al use of the site, no zoning compliance review is required. 1. Any new use shall comply with only those standards of the use zoning charts that are directiv related to the new use as determined bv the Director. Examples include parkin ,g u�pecific setbacks, use specific special re�ulations and notes, and nonconforming surface water qualitv improvements identified in FWRC section 19.30.120. Other nonconformin�aspects of the site which are not made nonconformin� as a result of the chanpe of use are not required to be brou�ht into conformance as a result of this subsection. 2. If the review process for the new use is equal to or less than the review process required for any previous legal use of the site, the zoning, review shall be completed as part of the required buildin�permit application or if no buildin�permit is required the review shall be completed as part of the business registration review. Except any new use that requires Process III (not as a result of SEPA review) or Process IV review will be required to applv for and receive auproval of the use process indicated on the a�plicable use chart. Ordinance No. 12- Page 5 of 9 Rev 1/10 LU 19 3 If a new use rec�uires a hiaher use process than the use�rocess for anv previous leQal use of the site then tl�e ap�licant must a�ply for and receive ap�roval of the use process indicated on the �plicable use chart. Section 6. FWRC 19.15.030 is hereby amended to read as follows: 19.15.030 Review processes for improvements and additions to developed sites. Improvements and/or additions to existing developed sites exce�t critical area intrusions as re�;ulated b�FWRC Cha�ter 19 Division V, shall be subject to land use review processes as follows,: , /..\ Tl.e.-o : ..1.�,-...o .,F„�e e > > �$: � � . (1 Minor improvements modifications and additions Minor improvements modifications and additions to a site such as parking lot and landsca�e area modifications and improvements, and/or additions to an existin_g developed site that are exempt from SEPA shall be processed usin�process I, provided the improvements andlor additions do not exceed either of the following thresholds: _�a) 25% of the �oss floor area of the existin ug se; or (b) 2,000 square feet of new gross floor area -�2) Substantial Improvements ��. Improvements and/or additions to an existing developed site that are exempt from SEPA and exceed the thresholds in subsection (1) of this section, s�e-�esesse� �xg�esess�� but do not exceed 100% of the square footage of the gross floor area of the existin� use shall be reviewed using,.process II Substantial im�rovements to a site for a use which requires Process III or N review shall be reviewed pursuant to the use process indicated on the applicable use zone chart. (3) Maj,or improvements . Improvements and/or additions to an existing developed site that are not exempt from SEPA and/or exceed 100% of the Qross floor area of the existing use shall be processed under process III, unless process N is indicated by the applicable use zone chart in which case process IV shall be used. �4) Where an improvementladdition that houses a new and different use is added to an existin� develoned site the new improvement/addition shall be processed under the use process indicated bv the apnlicable use zone chart. Section 7. FWRC 19.15.090 is hereby amended to read as follows: 19.15.090 Complete compliance required. (1) Generally�� ^ ��°a � •�'�°°�'��~ "` ^f *'�� °�`'�", aAn applicant must comply with all aspects, including conditions and restrictions, of an approval granted under this title in order to do everything authorized by that approval. (2�quests for changes or modifications to an a�proved site that has l�een approved throu�h Use Process I- IV shall be processed in accordance with section 19.15.030 (1-4). Ordinance No. 12- Page 6 of 9 Rev 1/]0 LU 20 (3) A request to modifv a Process I— iV a�roval an a�proved site plan or a condition of approval for �roposal that has been ap�roved throua,h Process I- IV must be submitted in writin� to the Director of Community and Economic Development and/or the Hearing Examiner based upon the level of the underlying approved use process review The Director and/or Hearina Examiner shall have the discretion to a�prove those requests that are consistent with City codes. The Director or Hearin� Examiner may require notice to parties of record andlor adjacent pro�ertv owners as deemed appropriate. Anv requests to the Hearin� Examiner must be submitted throu�h the Department of Community and Economic Development. , . � � Section 8. FWRC 19.30.090 is hereby amended to read as follows: 19.30.090 Nonconforming development. (1) If any aspect, structure, improvement or development does not conform to the development regulations prescribed in this title, that aspect, structure, improvement or development must be brought into conformance or otherwise improved as set forth below. , �� , ��: � Increase in gross floor area. If an applicant proposes to increase the gross floor area of any use on the subject property in any one of the following ways, the applicant shall comply with the development regu(ations in effect at the time of the proposal, as specified below: (i) If expansion of gross floor area of an existing building occurs either through addition of new floors within the structure or enlargement of the existing building footprint, the applicant shall comply with all development regulations in effect at the time the expansion is proposed. If the property on which the expansion is proposed is occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the expansion is proposed;or (ii) If a new and separate structure is being constructed on an already developed site, the applicant shall comply with all development regulations applicable to the geographic portion of the site on which the new structure and any related improvements are to be constructed; or (iii) If the increase in gross floor area involves an existing single-family residential dwelling, the applicant shall comply with the development regulations in effect at the time of the proposal. For single-family residences, existing nonconformities may remain and continue so long as the existing nonconformities are not being increased or expanded in any way. New construction or renovation which involves the increase in gross floor area of a nonconforming single-family structure is subject to atl Ordinance No. /Z- Page 7 of 9 Rev I/10 LU F�� appticable requirements ofthis Code including but not limited to provisions related to critical areas (FWRC Title If), Division V), off-street parking (Chapter 19.130 FWRC), improvements (Chapter I9.1 �� FWRC), and landscaping (Chapter 19_1 FWRC). (iv) If the increase in gross floor area involves an existing single-story building in the city center that is nonconforming as to the ground floor size limits established in Chapter 19.225 FWRC, the existing building footprint shall not be enlarged, except the director may approve minor additions such as entry structures, lobbies, seating or dining areas, bay windows, and similar features; provided, that such addition(s) shall not exceed 1,000 square feet per building in any one consecutive 12-month period, and shall not increase the extent of any other nonconformance. � Abandonment. If an applicant proposes any work, including tenant improvements, on property that has been abandoned, the applicant shall comply with all development regulations applicable to the subject property, to the extent physically or technically practicable on the site. �c,� (�} The use conducted on the subject property has ceased for more than one year, in which case the applicant shall repair and/or restore the improvements on the site (e.g., drainage, landscaping, curbing, parking, parking lot landscaping, etc.) to a condition as near as physically possible to the condition required by the requirements of approval of the existing development. (d�#}The applicant is making any alteration or changes or doing any work, other than normal maintenance, tenant improvements, or minor additions noted in subsection (1�(�}(� 1 a iv of this section, in any one consecutive 12-month period to an improvement that is nonconforming and the fair market value of the alteration, change or other work exceeds 50 percent of the assessed or appraised value of that improvement. The appraisal must be from a state-certified real estate appraiser. In the event this subsection is triggered with respect to a single-tenant or single-occupant site, the applicant shall meet all development regulations applicable to the property. In the event this subsection is triggered with respect to a site occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the alteration, change or improvement is proposed. For purposes of this determining value under this section, improvements required pursuant to this section (nonconforming development), FWRC 19.30.110 (when public improvements must be installed), t9.30.120 (nonconforming water quality improvements) and 19.135.030 (when public improvements must be installed) shall not be counted towards the 50 percent threshold which would trigger application of this subsection. (2) This section does not govern application of Chapter l�.l 15 FWRC, Community Design Guidelines; application of Chapter 19.115 FWRC is governed by FWRC 19.115.010 through 19.115.1OD, as amended. This section also does not govern application of development regulations relating to water quality, signs, or street/sidewalk improvements; application of those development regulations is governed by FWRC t�),3U_I00, 19.30.110, 19.30.134 and 19.135.020, all as amended. Section 9. FWRC zoning use charts: 19.210.010, 19.210.030, 19.215.010, 19.215.080, 19.220.010, 19.220.020, 19.220.030, 19.220.110, 19.225.010, 19.225.100, 19.230.010, 19.230.120, 19.235.010, 19.235.080, 19.240.080, 19.240.130 are hereby amended as shown in Exhibit B. Section l0. 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 Ordinance No. 11- Page 8 of 9 Rev I/10 LU 22 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 11._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 12. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 13. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 12- Page 9 of 9 Rev 1/]0LU 23 Chapter 19.210. P 19.210.010 Office use. The followina uses shall be permitted in the � 0 ¢ � a USG � DIRECTIONS: P1RST, read down to Minimums � TReauired Yards � u 0 a � 3 . y � � s a� � o � :: s` in � � � y� y � ci ti aG x in Otlice use, Process None l0 ft. 30 ft. 30 ft. 35 ft. meJicat and Ii 35 ft. above dental ot2ice 50 ft. average See notes l, 4 and building g elev�tion at N � See notes I vid 8 � o. v h au .� e Q ' Y u GG a. ��a4 oftice: 1 for each 3U0 sq. ft. of gross floor area occupied 6y ollice A4e�+sa�-�d �� at#ite�}-feF ..,.�. �� ,.,. ___.. ___ _�. �� #}seF-�ea See note 5 �, rn �� Process l, Il, Ill an�1 !V are JescribeJ in � � � Chapter 1955 FWRC, � Chapter 19.6U FWRC, � Chapcer 19 65 FWRC, � Cha �ter 19.7U f WRC res ectivel � T K�2U12 Code AmeiufineNS�Change uf UxW»e chans\19-210-010 PO Otlice Uxc.UUC � N W office (PO) zone USE f'or RFGULA"C1UNS 1. If any portion of a structurE not exceed 30 ft. above avera; of the residenti�l zune. 2. The foltowing regulatio�u � a. May only treat small ani b. May not include outside a 7'he site must be Jesigne this etlect signed by an �cous 3. The sale of goods and proc 4. Front yard setback: !U ft. ii stormwater facilities are local 5. This use may include one � o�ce lessee/operator. The li� remaining ground 800r area � facility requices one parking ; 6. No ma�cimum lot coverage requirements, i.e., required bi 7. For community design gui� 8. Eor landscaping requireme 9. For sign requirements that I U. Reter to Chapter 19.265 1 For other inform•rtion ubo�n Fur details of what may exceed For drtails regunling rcyuired y Office (PO) to the regulations and notes set forth in this section: CHART ZONE PO SPECIAL REGULATIONS AND NOTES on the subject property is within ]00 ft. of residential zune, then that portiou of the structure shaJl e building elevation and the structure shall be set back a minimum uf 20 fl. t'rom the proper�y linr ply to veterinary oflice only: als on the subject propeny. ans or oU�er outside facilities for the wiimuls. so [hat noise liom this use will not be audible ott'the subject property, bascd on a eertitic�te to :al engineer and tiled with the development permit xpplication. sing of materials are not permitted on the subject property under this s�ction. ntry is visible from right-of-way und tiont facade is 15% glass; 35 li, if landscape butter mid 1 in the frunt ylyd or 50 ft. if parking and driving areas are IocateJ in the tiunt yarJ. :essory living facility per strucwre. The living faciliry must be uccupizd by the owuer or ihe ig facility may not exceed 50% of the gross floor area of the ground floor of the structure. "I'he ist be occupied by ottice and the office entrance must be oriented to the riglit-ot=way. Th� living ace in addition to pazking required for the oftice. established. lnstead, the buildable area will be determined by other site develupmeut fers, parking lot landscaping, surface water f�cilities, etc. lines that apply to the project, see Chapter 19.115 FWRC. s that apply to the project, see Chapter 19J25 FWRC. �ply to the project, see Chapter 19.14U FWRC. JRC to determine what other provisiuns of this chapter may apply w lhe sub,ject pruprrt� aud parking areas, see Chapter 19.130 FWRC. heighl limit, sez FWRC 19.1 IO.USU et sey. , sec FWRC 19.125.160 el seq. 19.210.030 Government facility, public parks, nublic transit shelter. The followinQ uses shall be permitted in the professional office (PO) zone USE v� uixr.� O � N � � � � 9 a :'. 3 .g v � � FIRST, read down to fmd use ,.. Minimums Reauired Yards � �n . t A .°.'. c � o v �, � a For Uansit and ublic arks: Oft. Oft. Ofl For government facili 20 tt. , 10 t�. l0 See notes 1 and 6 Govrmment Process Naie faciliry, llt �ke-pt�s See a+�d-{�4ie note 4 E�si� N � PfOCCSS I , ll, lll and lV are described in Chapter 19.55 FWRC, Cliapter 19.60 FWRC, C6aprer 19.65 FWRC, Chapter 19JU FWRC rzspectively. `"^ u 0 s ,��', 00 z"� 35 fl. USE J, across for REGUL � � a h u e 8 � v ac a BbOVC on s� case- average by-case building basis. See notes 1 and 9 � � � � � k �' � ` . «�� • K�?UI? C_afe Anxndmentx�Changc uf Uyn�use chans\I9-? IJ•U3U PU (iovrmmrnt Paciliues d��c 4., r � I. If any portio� of a sau structure shall not exceed tiom the property line of 2. If determined necessar landscaping or buffers on 3. Proposed pazks must b 4. No maximum lot cove requirements, i.e., requir� 5. For community design 6. For Iandscaping requir 7. For sign requirements 8. Refer to Chapter lN.2f 9. Minor and supponing height limitation provide sienitic�ndy impact adja I�ur uther inYonnauon ubout Por Jetails oP what muy exc Fur details regarJing to the regulatioqs and notes set forth in this section: E CHART ZONE PO SPECIAL REGULATIONS AND NOTES ure on the subject property is within l0U Yt. of a residenti�l zone, then that portion of the �U ft. above average buitding elevation and the structure shall be set bsck u minimum ol'20 fl. ie residential zone. to mitigate visual or noise impacts to surrounding properties, the ciry may require udditional icase-by-case basis. consistent with the ciry's adopted comprehensive parks plan. ge is established. Instead, the buildable area will be determined by other site development I buffers, pazking lot landscaping, surface water facilities, etc. ,uidelines that apply to the project, see Chapter 19.115 FWRC. nents that apply to the project, see Chapter 19.125 FWRC. iat apply to the project, see Chapter 19.140 FWRC.. FWRC to determine what other provisions of this chapter may apply to th� ,uhject properq- ructures constructed as a funetional requirement uf public parks may excred thr applicabl� that Ihe director of communiry development services Jrtermiues that such struciurrs will uut nt properties. cing and parking arnas, see Chapter 19.130 FWRC. this heiglu limit, see FWRC l9.1 IO.OSU et. seq. yards, see FWRC 19.I25.I60 et seq. Chapter 19.215. N 01 � � � �- � �� 19.215.010 Office/retail. The following uses shatl be nermitted in the USE Office use z DIRECTIONS O �, F � � � 3 � .� _ � a� � . Process None II Retail establishment selling $roceries, produce and related items; drugs and personal care products; books; liquor; hardware, garden, retail nursery stock and related items (excluding bulk retail); household goods and fumishings; clothing, vaziety, home electronics, sporting goods; signs; or works of art o� � �2 a x� i ft. 35 ft. abc average building elevation note 3 down to find use inimums �ed Yards s � c d �o w v� ft. 10 ft. See I See notes 3 and 9 note 7 A � See note 13 � m � Process I,11, Ul and 1V are described in Chapter 19.55 FWRC, ,- Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FV✓RC respectively. � � K'�20I2 Code Amendments�Change of UxWte chnrts\I9-215-OIO Office Retul draR 2.DOC business (BN) zone s USE across for REGULATION: � a �s � wa General office 1. The hours i and retail: 1 for 2. Assembly � each 300 sq. ft. a. The asse of gross floor directly relate area b. The asse aze for sale o� Medical and c. There az dental office: 1 3. If any porti for each 225 the structure : sq. ft. of gross minimum of: floor area 4. No outdoo� a. Nursery Determined on b. Seasona a case-by-case provided that basis for mixed notunreasont uses 5. Access to f facilities mus unreasonably (Continued) For other For details For details Business (Bl� to the regulations and notes set forth in this section: CHART ZONE BN SPECIAL REGIJLATIONS ANb NOTES f operation of retail uses may be limited to reduce impacts on nearby residential areas. r manufacture of goods on the subject property is permitted only if: nbly or manufacture is cleazly accessory to an allowed use conducted on the subject property and is 1 to and dependent on this allowed use; and nbled or manufactured goods are available for purchase and removal from the subject property and ly to retail purchasers; and no outward appeazances or impacis from the assembly or manufacture. >n of a structure on the subject property is within 100 ft. of a residential zone, then that portion of hall not exceed 30 ft. above average building elevation and the structure shall be set back a 0 ft. from the property line of the residential zone. use, activity or storage is permitted except as follows: �tock for sale on the subject property may be stored outside. items such as Christmas trees, pumpkins and locally grown produce may be stored or sold outside, lhis activity is located on the subject property as far as possible from any residential zones and does bly interfere with nearby residential uses. nd from drive-through facilities must be approved by the public works depaztment. Drive-through be designed so that vehicles will not block Vaffic in the street while waiting in line and will not interfere with on-site traffic flow. about parking and parking areas, see Chapter 19.130 FWRC. may exceed this 6eight limit, see FWRC 19.110.050 et seq. ig required yards, see FWRC 19.125.160 et seq. 19Z15.010 Of�ce/retail. � O F d a � c� a USE Retail establishment providing banking and related financial services 1�retail establishment pruviding laundry, dry cleaning, beauty and barber, video rental or shoe repair N services v � � G � � c Other retail uses not specifically listed in this zone note 12 H � �a ., � .' > aa USE FIRST, read down to find use ... THEN, across for REGULATIONS Minimums � � o b � w v� 0.� � � a Process 1, II, IlI and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. am � m � , ;� � �-1 �� 2012 Code Amendments�Change oTUseWx charts\19-215-010 OtPice Rpail dnfl 2.DOC N W o� �h � r ' �= _ x� �a 6. The following regulati a. May only treat sma b. May not include ou c.1'he site must be de this e�ect signed by an E 7. No ma�cimum lot cove requirements, i.e., requir 8. For community desig 9. For landscaping requii 10. For sign requirement 11. Refer to Chapter 19.: 12. May be approved by with adopted comprehen 13. Gross floor area of a For other information about CHART ZONE BN SPECIAL REGULATIONS AND NOTES �ns apply to veterinary office only: animals on the subject property. side runs or other outside facilities for the animals. igned so that noise from this use will not be audible off the subject property, based on a certificate to ;oustical engineer and filed with the development permit applicadon. age is establ'tshed. I�stead, the buildable area will be determined by other site development d buffers, parking lot landscaping, surface water facilities, etc. guidelines that applj✓ to the project, see Chapter 19.115 FWRC. ;ments that apply to the project, see Chapter 19.125 FWRC. that apply to the project, see Chapter 19140 FWRC. 65 FWRC to determine what other provisions of this chapter may apply to the subject property. he director of community development services if the proposed use is determined to be consistent ive policies for this zone. y one of these uses may not exceed 40,000 sq. ft. and parking areas, see Chapter 19.130 FWRC. For details of what may exc this height limit, see FWRC 19.110.050 et seq. For details regarding require yards, see FWRC 19.125.160 et seq. 19.215.080 Government facility, public parks, transit shelter. The followin uses shall be ermitted in the neivhborhood business BN) zone USE ZOl v� DIftECT1UNS: FIRST, read down to tind use ... THEN, across for REGULATIONS p Minimums � Re uired Yazds N � � U � (a� � � OG '� 4 � `" v 'o N O � `' y � r: .t . C vs� �� o o � � .� � �� oC oC ..1 u, v: cG 2 v� � a Government Process None facility, q�t�Fi� Ill Nt �� slxlteF: Govemment 35 ft. facili : abuvr 20 ft. 10 ft. 1 U ft. average Public arks; building Determined on a elevatiun Public pazks Public transit See notes I n ' and 8 � Public transit ransi 0 ftl� ft. 0 fl. shelter shelter. -- „___.___ Se� no►es I and 5 Process I, Il, III :uid lV arc described in Chapcer 19.55 FWRC, C'haptrr 19.60 FWRC, Chapter t9.65 FWRC, Chaptnr 19.�U FWRC respeclively. �� . �s� .� �� O K\2U 12 Cude NnCndmentx�Change uf UxnWse clwrtt\I9-? I S•UBU BN Governmcm Faciliiy duc � N � DctermineJ 1. lFany portion uf a sui on ci case- the structurc shall nut eH by-case minimum of 2U ft. tiom btuis 2. Pruposed parks must 3. No maximum lot rnv� development requiremei 4. For community drsi� 5. For landscaping reyui 6. For sign requirements 7. Refer to Chapter 19.2 propeny. 8. Minor an� supportin@ applicable height limitat structures will not si�nil I�ur uthet itd'onnu�ion about Fur details of whrl may For details regarding to the CHART and notes set forth in this section: ZONE BN SPECIAL REGULATIONS AND NOTES ;ture on the subjert prupeny is within lUU li. of'a rcsidential zunr, tfirn ihat purtiun uf eed 3U ft. ubove t►ver;�ge building elevation and the structur� shull be s�t back ;� he property line of the residential zone. : consistent with die city's udupted comprehensive purk plan. age is established. lnstead, the builJable areu will be determined by other sit� s, i.e., required butters, parking lot landscaping, surfece watcr facili[ics, etc. guidelines that apply to the project, see Chapter 19.115 FWRC. :ments that apply W the project, see Chapter 19.125 FWRC. hat apply to the project, see Chapter 19.140 FWRC. 5 FWRC to determine what other provisiuns of this chupter may a�ply w thc subjrct ictures cunstructeJ �s a functional requirement of public parks may excee� thr provided that lhe director of cummunity devrlopment services detcrrninrs thnt such idy impact xdjacent pruperties. anJ parking areus, see Chapier 14.130 FWkC. this height limit, see FWRC 19.I IO.U50 et. s�q. yurds, ser FWRC 19.125.160 et seq. Chapter 19.220. Comm�nity Business (BC) N �O � � � � m � .� .� i� � O � � � 19.220.O1U Of�ce/retail — Manufacturing and production, limited. The following uses shall be permitted in the communiry business (BC) zone subj ct to the regulations and notes set forth in this section: z O F a a _ � USE Mrdical and dental offices, banking, tinancial, real estate,iusurauce, m�d other professional ottices; research and developmrnt fac�li�ies whuse primary purpose is uot produc� 10511116, General and specialry retail sales, as detined in thu chaptnr, which includes, but is not necess:uily timited to, pruducts such as groceries, produce, und related items; drugs and Proress 1, 11, Ill and IV are described in Chsy�ter 19.55 FWRC, Chapter 19.60 FWRC', Cl�ap[er t9.65 FWRC, Chapter 19.70 FWRC respectively. See nu�es 1•und 7 K:12012 Code Amendmants�Change of UuWae chant119420-010 BC Office, Retail, Manufacwring.DOC read down to tind use ... � O � s 4. � 3 � e° ° � °: 'a .?' in ,, L u �' ' � � @ '' 2 xr� a k � a x� Process II Noue 0 ft 0(i 0 it 35 li. abuve or with g�cep�20 H. average SEPA, along builJing Process resideNial elevation «� (AABE) to 55 wnes �j qABE auJ 5ee nu�es I and'1 tbur Ooors USE�ZONE CHART for RE ULATIONS V a . h � � u Y xa 6ener�l-eFl+ee I.If en�tui� ti. at I fur each 3UU sq. 1'0ll0 li of gross Iluor (� area tlir i 13 ti ��und l� tklHtl� (I °.�.�,e�.� Il.;a ZONE B� SPECIAL REGULATIONS AND NOTF.S rproved by tl�e direelor of commuuity developweut servicas, thn heighi of a struc�urc way c.ccerJ 3i ve averagr buiiding rlrvation (AABH), to a muximuw uf >5 ti. AA13E aud luur Iloun if all �( tlir iug criteria are mec Thr additiunal hcigln is uecrss�uy w accutnmodate thc s�ruclur:d, eyuipwea�, ur uprr;�u�ual uecJs uf : conductrd iu thr bwldiug, uud/ur all grow�d lluur spacrs havr a mmimum Iluur-��•cc�lm�; li�ighi ul' md a minimwn d�pdi uf I S ti . Height complies wnh nolr 3, beluw; Heighi over 3i ti. is sel buck from uuu-resiJ�nuri zones by uue ti. fur each uur �i uf lirighi ov�r 35 f't-e�-�t�rr#le� (J ; Roul'lines are dcsigncJ to awid il �)fClIOtl1111H111IY �I a� aud Icaiur�le.s appearuuce du'uugh vanawms nrea in ro f height, f'orms, au�les, anJ mrcerials. 2. 7'h following regulatioas apply to veterinary ot]ice unly: Mixed uses and a, ay only treat stnall animals on the subject propeny. limited b. ay not include outsiJe runs or other outsiJe facilities Y'or tl�e •ruimals; utherwis�, use sl�ull be manufacmring revie ed under FWRC 19.220.04U. and production: c. e site must be designed so that noisr from this usr will iwt be audiblr ufTt6c subjeci pmpeity, bused on a ettiticate Io this etTect signed by w� acoustical a�igineer and tiled witli the develuproent permit Detennined un a appli ation. case-by-case 3. Bu Iding I�eight may not exceeJ 30 N. AABE wheu located withiu IOU li. of a msidemial wue. basis 4. Ac ess to and Yrom drive-thruu`h facilities must be approved by d�e public works department. Drive- throu f�cilities must be designed so that vehieles will not bluck tratlic iu the strect whil� �� aitiug iu luie a�id ill not unreasonably interCere with on-site ttatiic tluw. For For For infonnation about parking anJ parkiug areas, set Chapler 19.130 FWRC. of what may exceed this height limit, see FWRC 19.110,050 et. seq. regarding required yards, sne FWRC 19.125.1G0 et seq. i 10 Office/retail — Manufacturine and uroduction, limited. z DIRECTIONS: FIItST, read down to fmd use p Minimums � Re uired Yards � y � � 0 G 'o n' � o � � � � � • � v ,C O' > � O ' O � b0 � 4L� P�i � [L Cn CK ."Ci fn USE w � � � � � � personal care products; books; liquor; hardwaze; gazden, nursery or agricuitural products, and related items; household goods; clothing; variety; home electronics;sporting goods; signs; second hand merchandise; antiques; end works of art; �etail establishment providing laundry, dry cleaning, beauty and barber, video rental, shoe repa'v; printing and duplicatiog Manufactwiug and production, limited (see note 5) Other retail not specifically listed in this zone, excluding bulk retail as defined in this chapter. See note 12 US ZONE CHART f, across for GULATIONS __ ZO1VE � BC a � � . � � a SPECIAL REGULATIONS AND NOTES , m � / � /� Process I, II,111 and IV are described in � Chapter 19.55 FWRC, .� Chapter 19.60 FWRC, .':� Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. �a � � � K:12012 Code Ame�menes\Change of Use�use chana\I9-220.010 BC Office, Retail, Manufacturing REV drafl 2.DOC L� 5. anufacturing and production, limited, as defined in this chapter, or similar uses as may be approved by t6e irecror of community development services, if the proposed use is determined to be consistent with ad ted comprehensive plan policies for this zone. 6. utdoor use, ac6vity and storage is regulated by FWRC 19.125.170. 7. o maximum lot coverage is established. Instead, tlte buildable area will be determined by other site de lopment requirements, i.e., required buffers, pazking lot landscaping, surface water facilities, etc. 8. community design g�lidelines that apply to the project, see Chapter 19.115 FWRC. 9. r landscaping requ'vements that apply to the project, see Chapter 19.125 FWRC. 10. or sign requirements that apply to the project, see Chapter 19140 FWRC. I 1. efer to C6apter 19.265'FWRC to determine w6a[ other provisions of this chapter may apply ro the sub ect property and the project. 12. er retai! uses may be approved if the director of corrununity developmeut services determines that the c ristics and impacts of the proposed use aze analogous to other listed uses and the proposed use is con istent with adopted compcehensive plan goals and policies for this zone. For ther informatioa abouf parking and parking areas, see Chapter 19.130 FWRC. For etails of what may exceed tliis height limit, see FWRC 19.110.050 et. seq. For 'ls regarding requ'ved yards, see FWRC 19.125.160 et se,q. 0 � 19.220.02U Entertainment — Cenerally. The following uses shall be permitted in the communiri business (BC) zone Z O F a .� � W a USE Retail establishment providing entertainment, recreutional or �ulwral services or activities w Private club or ~ lodge Healtli club, � � � � m � ;,.. '�� 0 � � � indour pistol range, bingo hall and related uses (excluding gambling uses as defined in this chapter) USE ZI DIREC'1'IONS: FIRST, reud down to tind use ...'I'tiEN, across Cor REGULATIONS Minimums Required Yxrds N O � a` � 3 N � .� h ax � Arocess I1 Non or with SEPA, Process 111 See nutes I a�id 4 L N ^ � a � � � � :n y 7 ,_ W C y W 4 � ;1 G. tn a' ZN '3.'4 U fl. 0 t1. U H. 35 ft, Res[auranr. L'-xcept 2U above 1 for each ft. along average 100 sq. 8. c residential building gross floor zunes elevatiun areu (AABE), See notes 7 �� 55 fl. Fasl fooJ AAk3E rest;�urants: and 4 I fur each tliwrs 80 sq, tZ. See no[es Otherwise I and 2 determined on a case- by-case basis �4�.��ourse n 'i Res�taurant or tavem Fast fond restaurant Process 1, Il, l(1 end IV are described in Chapter 19.55 FWRC, K:12012 Cade Amendments�Change of UeeWx cherts\19•220.020 BC Entertainment DOC L If approved by tht dir� average building elevatic met: (a) The aJditional hei conJucted in die buildin� minimum deplh of I� tl.: (b) Height complies v (c) Hright over 35 t1. (d) Roo}' lines arc Jes heighl, torms, angles, an� 2. Building height may n 3. Access to and from dr tucilities must be designi unreasonably interfere w 4. Fast food restauran[s r 5. No maximum lot cove requirements, i.e„ requir 6. For community desigr 7. For landscaping requii 8. For sign requirements 9, Refer to Chapter 19.2i l U. Minor and supportin; exceed the applicable he such svuctures will not s For other information about to the regulations and notes set forth in this section: CHART ZONE B � SPECIAL RECULATIONS AND NOTES or uf community Jevelapment s�rvices, the height of a structure may �xcr�J 3> Ii. abuve (AABE), to a m�Uimum oF55 tt. AABE ��nd lour Iloors, if all uf thc tulluwino �rit�ria are it is necessary to uccommodate the structural, eyuipment, ur operutiunal n�eds uf the usc and/or all ground tloor spaces have a minimum tloor•to-ceiling height uf 13 I't. and ❑ th note 2; � set back from nun-residential zunes by one ft. for rach one ft. of heioht over 35 lj.; aud ,ned to avuiJ a preJominandy flat and feutureless appearance through vari2tions in roof materials. � exceed 30 ft. AABE when loca,ted within l00 ft. of x residential zune. e-through facilities must be approved by the public works drpartm�n[. Drive-through i so that vehicles will not bluck vaffic in the street while wuiting in line and �vill not h on-site trat�ic Flow. ast provide one outdoor waste rec�ptacle t'or evcry eight parking spaces. �ge is established. Instead, the buildable area will be determined by other siie development 1 bufters, parking lot landscaping, surface water facilities, etc. ;uidelines that apply to the project, see Chapter t9.115 FWRC. ments that apply to the project, se� Chapter 19.125 F WRC. iat apply to thr project, see Chapter 19.140 FWRC. � FWRC ro determine what other provisions of this chapter may apply tu the subject pruperty. structures constructed as a functional requirement of golf courses and golFdriving ranges may ;ht limitation provided that the director of community development services determines that ;nificantly impact adjacent properties. and parking a�•eas, see Chapter l9.130 FWRC. 19.220.030 Vehicle and equipment sales, service, repair, rental — Self service The followin� uses shall be permitted in the community business (BC) zone s USE z � F .a USE � CG Vehicle service station or car �vash Retail establishment w providing vehicle, N buat, or tire sales, service, repair, passeneer vehicle rental 'n I in �vin tg rucks and/or painting Merchandise xnd equipment renWl � � � �. rn � ;�.. :� � Q � � � � V� heavy rental Tow or taxi lots Pra:ess 1,11, Ill and 1 V are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC rcspectively. �t side and rear along :ntial zones be 20 ft. (all uses) See notes 4, 7, and 13 See note 8 ige facilities. t to the regulatic NE CHART and notes set forth in tliis section: ZONE B � SPECIAL REGULATIONS AND NOTES 1. !f approved by I above average bui (a) The addition eonducted in the b minimum depth ui (b) Height comE (c) Height over (d� ��OOf I1112S 8� height, forms, ang 2. Building height 3. May not be moi 4. Gas pump islan Outdoor parking 2 side or reaz and st 5. Vehicle service (a) The facilitie (b) The facilitie (c) The design � (d) No overnigl (Continued) e director of community development services, the height of a structure m�ry exceed 35 li. ling elevation (AABE), to a maximum of 55 ft. AABE, if all of the following cri[eria arc mei: I height is necessary to uccommodate the structural, equipment, or operational ncrds of die use ilding, and/or aIl ground tloor spaces have a minimum ilour-tu-ceilina height of 13 ft. and a IS ft.; ies with note 2, below; 5 ft, is set back tiom nomresidential zones by one h, for each one ti. of hei�,ht over 3� ft.; �nd � designed to avoid a predominandy Hat and feawreless appearance through variations in ruof �s, and materials. nay not exceed 3U ft. AABE when located within lU0 fi, of a residential zone. than two vehicle service stations at any intersection. s, canopies and covers over pump islands may not be closer than 25 fl. to a�iy properry line. d service areas may not be closer than 10 ft. to any propeny line, If gas pump island is on the ion includes mini-mart, front yard setback is zero ft. tations may include commercial vehicle fueling facilities only when: constitute a secondary use and not the primary use of the site; are located to the reaz of the principally permitted svucture; id appearance of the facilities are similar to the principal facilities on the site; �u�d parking areas or sleeping accommodations aze provided on the site. For other information about parking and parking areas, see Chapter 19.13U FWRC. Fo� de�ails of what m y exceed tl�is height limit, see FWRC 19.110.050 et. seq. For details regarding �equired yards, see FWRC 19.125.160 et seq. K.12U12 Cude Amendments�Change of Uuluxe chans\t9•220-0�0 BC Vehicle Sales aiul Self•Service Storage.DOC D1REC'1'IONS: F1RS7', reaJ duwn to finJ use ... Minimums Re uired Yards N u 0 G. u c L � 3 °� v .�. j N G u � � � o �o oG oC a u. �n' a x v, Process 11 None Vehicle service 35 ft. or with station, tow or taxi above SEPA, lots; storage average Process facilities: building III 4U ft. I5 ft. IS ft. elrvution �vtercha�idise and (��F) ��uipmrnt rental � A 55 L ft � . fAl•Ill�la!�' !1!'1�L:. across fur v a v � � � . e a � � aa Retail �2�►Enl and rent�il facilities: I for each 300 sq. ti. of gross floor area Otherwise: See notes Deterniined I and 2 on a case-by- case basis 19.220.030 Vehicle �nd equipment sales, service, repair, and rental — Self servicq storage facilities. DIRECTIONS: FIRST, read down tu Minimums � Re uired Yards O ti � " L q 0. � � a ;3 N � USE � •�,; � G � � a o� oe ,° u��., 'r�n oC Self service storage tacilities; storage of recreational vehicles w w � � � � � �� ,� � � � � � N �.+'� I'rucess 1, II, lll and IV are described in Chapcer 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. use... O � s� � u z"� USE Zi across for REGULATIONS � 0. 'O N � � . c �' � c� a 6. Auto and boat body n a. Building layout an neighboring uses and na or discharge of hazardoi b. All operations, ser 7. Except for principal s permitted structure 8. Mechanical repair, bc prepared by the apptica� 9. No maximum lot cov requirements, i.e., requi 10. Exterior storage of � 1 l. Self-service storage 12. For community desi 13. For landscaping req l4. For sign requiremer I 5. Refer to Chapter ! 9 property. For other information about For details of what may For details regarding K�2012 Code Amendments\Change of Use�use chans\I9•220�0J0 BC Vrhicle Salex and Salf-Strvice Sturuge DOC CHART ZONE B C SPECIAL REGULATIONS AND NOTES iair and/or painting may be permiued under this section only if: design mitigates impact of dust, fumes, noise, glare, odor, or any other disch�rgz on iral systems; proteets neighboring uses and natural systems from accidrntal spillage, leaka;e, material and pollutants; ce, painting and repair must be conducted within enclosed buildings. les lots, outdoor srorage areas shall be located to the rear and/or side(s) of the principally y repair, and painting, shall provide adequate pazking for custo�ners, based on a parking study and subject to aeceptance by the director of community development services. age is established. Instead, the buildable area will be decermined by other site develupment d buffers, parking !ot landscaping, surface water facilities, etc. :reational vehicles is permitted only when it co-locates with a selt=service swrug� lacility. icilities may include one accessory living facility. i guidelines that apply to the project, see Chapter 19. I I S FWRC. rements that apply to the project, see Chapter 19.125 FWRC. that apply to tfie project, see Chapter 19.140 FWRC. 65 FWRC to determine what other provisions of this chapter may apply to the subject and park�ng areas, see Chapler 19.130 FWRC. this height limit, see FWRC 19.1 IO.OSU et. seq. yards, see FWRC 19.125, l60 et seq. 19.220.11U Government facility, public narks, transit shelter. The followin uses shall be ermitted in the communit business (E � DIRECTIONS: �tRST read duwn to tind use ... THEN, across for � Minimums F Re uired Yards o s � � .� � �{� � a P4 a� °" � � �' � �an .. 3 � a� USE '9 .v fn � � .� � .9 , ,� c u: aG � w F�'n a � cn rx a facility, �+HFie �� ^�Y Public Narks Public transi[ w shelter � ll facilit : facilitizs: 35 ft. on a case- or with 20 ft. 0 ft. 0 ft. above average by-case SEPA, Except 20 ft. building elevation basis Process �� (AABE) to 55 ft. �� residential ��L� •,,,,,,.� See nute I Public parks: Determined on u Public parks: case-b -case basis ��ermined on a Transit shelter: case-by-case .. .. ,. „ ,. „ basis Except 20 ft. along Transit shelter: residential zones 15 tt. above See note 6 average building etevation (AAE3E) � � � � m � ,�. �:� � d � N W See notes 1, 3, and 9 Process 1, II, lll a�id lV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. K�2012 Code Amendments\Change of UuWx chens\I9-220- I 10 BC Guvemment Facility.DOC zone subj�ct to the USE ZOIVE CHART and notes set forth in this section: ZONE Bl. SPECIAL REGULATIONS AND NOTES 1, lf approve 35 ft. above criteria are it (a) The ad of th� use co height of 13 (b) Height (c) Height 35 ft.; and (d) Roof li variations in 2.Proposed 3. Building t 4. No maxin 5. For comm 6. For landsc 7. For sign re 8. Refer to C subject propc 9. Minor and the applicabl determines tt by the director of community development services, the height of a strucuire may exceed erage building elevation (AABE), to a maximum of 55 ft. AABE, if all of the Collowing ional height is necessary to accommodate the structural, equipment, or up�rational needs acted in the building, unNor all ground tloor spaces have a minimum tloor-w-ceiliue and a minimum Jepth of I S ft.; mplies with note 3; � er 35 ft. is set back tiom none-residential zones by one ft. Por each one N. of hrighi uver are designed to avoid a predominandy tlat and featureless appearance throu�,h Fheight, fonns, angles, and materials, s must be consistent with the city's adopted comprehensive park plan. �t may not exceed 30 R. AABE when locaced within 1 UO ft. of a residential zone. lot coverage is established. lnstead, the buildable area will be determineJ by othrr sitr uirements, i.e, required buffers, parking lot landscaping, surface warer f'acilities, etc. y design guidelines that apply to the project, see Ctiapter 19.115 FWRC. �g requirements that apply to the project, see Chapter 19.125 FW RC. rements that apply to the project, see Chapter 19.140 FWRC. ter 19.265 FWRC [o determine what other provisions uf this chapter may apply tu thr pporting structures constructed as a function.il requirement of public parks may exceed eight limitation proviJed that the directur of community Jevelopmen[ servicrs such structures will nut siguiticantly impact uJjacent properties. For other info�•�ation about parking and parking areas, see Chapter 19.I30 FWRC. Fur details uf v�hat may exceed this height limit, sen FWRC 19.1 IU.O50 et. seq. For details rega�rding required yards, see FWRC 19.125.160 e[ seq. Chapter 19.225. City 19.225.010 Office use. The fo � z 0 F Q � W a USE Oftice use, medical and dental ot�ice w � � � m � .� •� � Y � Q � N � uses shall be permitted in the city center core IONS: F1RS7', read duwn to find use ... THEN. across � xe uu e � 3 °� ._ °' � s 0 x� oC a w Process [I None 0 ft. 0 See noces Possible Process III See note I Process l, ll, Ill a��d !V azn described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chaprer 19.65 FWRC, Chapter 19.70 FWRC respectively. s `� `' � O V ra � ` '=°� � � a xti ft. 0 ft. 95 ft., 115 1 and 3 ft., or 145 ft. See note 2 K.�2012 CuJe Miendmentn\Cb�u�gr of U�eWae chans\I9•225-010 CC-C Oflice.duc zone sur USE LATIONS (CC-C) the regulations and notes set forth in this section: CHART � � '� N � C �g � aa 6eHert+l 1. The city may, us s€f+ee: t for dimensional requir each 300 sq. a. The proposed tt. of gross b. The proposed floor area c. The street, uti 2. Building height {�Aec#iee�l-�xid publicly visible str� �e�Eal�ef'#iea; design oYwhich sh -l-fefec�lj exchange f'or provi �--Il-e#' altemative fee-in-li gres� discretion, based o. eFea existing or planned c�lculating on-site a See note 14 director of commu have the full force in addition to any c 3. No more than a determined by the site constraints, as azchitectural eleme along all other prol I, (Continued) ZONE CC-C SPECIAL REGULATiONS AND NOTES ig process III, modify required yard, height, landscape and buffer tuid other site �esien and nents for a proposed development that meets the following criteria: evelopment will be consistent with the adopted comprehensive plan policies for this zoin; xnd evelopment will be consistent with applicable design guideliues; and ties, and uther infrastructure in the azea are adequate to support the propused development. ay be increased from the permitted outright height of 95 ft. ro l 15 ft. in exchange Por providing tscape amenities, ns defined in FWRC 19.115.040, along the right-of-wuy; the sitin� and I be approved by the direcror. Building height may be increased tiom l t i t't, to 14� ft. in ng pubtic on-site �pen space in acwrdance widi FWRC 19.115.04U, or payment of an u of providing the on-site open spuce. Use of the alternative fee-in-lieu shall be at the dirccwr'� factors such as conduciveness ol'the site ur Jevelopment plan to public uprn space, zmd �pen space projects in d�e immediate vicinity of the site. The procedure and t'ormula fur pen space and alternative fee-in-licu shall be approved by the ciry council, .idopted by th� ty development services, shall be on tile in the city clerk's office, and shall be followed and id eHect as ifset forth in full in this article. Public on-site open space under this section shall be her outdoor space or landscape area required by this CoJe. ve-foot building setback is allowed adjacent to principal pedestrian right(s)-ot=way, as reetor, unless: it is precluded by existing site improvements, easements, Wpography, ur other etermined by [he director; or to allow streetscape amenities, public un-site upen space, or other t(s) or improvements approved under Chapter 19, t I S FWRC. The minimum building seiback ;rty lines is the same as the perimeter but3'er as required by Chapter 19.125 FWRC'. For otl�er informution bout parking und perking areas, see Chapter 19,130 FWRC. For details of what m excced this height limit, see FWRC 19.1 IU.O50 et seq, For details regarding quired yazds, see FWRC 19.125.160 et seq. w o� ;�, m � � m � ,� .� � � � � V� 19.225.010 Office use. USE z DIRECTIONS: FIRST, read down to find use ... T p Minimums F Re uired Yards _ � V � W s a. CL' � 3 � u ° 7 3.� Vi � u 4 W� � > c .c c° • 2 oL . u v� a T v� Process 1, Il, II! and IV ere described in Cliapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Ch•rpter 19.70 FWRC respectively K\2012 Code Amendmm�ts�Change ul' Use�use chans\I9-225-010 CGC Otlice duc USE ZOINE CHART across for REGULATIONS � a �� . c � � aa 4. 'I'he following regula n. May only treat sm• b. May not indude o c. The site must be d certificate to this effect 5. Assembly or manufa a. The assembly or m directly related to and d b. The assembled or r for sale only to retail pui c. There is no outwar� 6. No maximum lot cov� requirements, i.e., requii 7. For community desig� 8. For landscaping requi 9. For sign requirement� 10: ReY'er to Chapter 19. I I. Single-story buildin, provisions uf FWRC 19 seating or dining areas, per building in any one 12. Nu more than 16,00 approved under the pro� 13. Multiple-story build gross sq. ft. of the 800r 14. Required parking m For othnr information For details of what may for details regarding re� ZONE CC`C SPECIAL REGULATIONS AND N07'ES ons appry to vetenuary otuce oniy: I animals on the subjecf property; side runs or other outside faeilities for the animals; signed so that noise from this use will not be auJible uff'the subject property bas�d un a gned by an acoustical engineer and liled with the development penuit application. ure of' goods on the subject property is permitted only if: nufacture is clearly accessory tu an allowed use conducted on the subject properry and is pendent on this allowed use; and ianufactured goods are available fur purchase and removal tiom the subject property and are chasers; and appearance or impacts tiom the assembty or manufacture. rage is established. lnstead, [he buildable area will be determined by other site developmcnt :d buffers, parking lot landscaping, surface water facilities, etc. � guidelines tt►at apply to the project, see Chapter 19.1 l5 FWRC. •ements tha[ apply to the project, see Cliapter 19. l25 FWRC. that npply to the project, see Chapter 19.140 FWRC. !65 FWRC to determine what other provisions of this title may apply to the subject properry. ,s may not exceed a total ground floor area of 16,OU0 gross sq. ft., unless approved undrr thc 110.080, or approved by the director for minor udditions such as entry svuctures, lobbies, �ay windows, and similar featurzs; provided that such additiun(s) shull not exceed I,OOU sq. ti. ;onsecutive l2-month periud. 1 sq. ft. of new single-story construction may occur on a subject property, excluding increxses isions of FWRC 19.110.080 and minor additions approved by the director under note I I. ngs are not subject to notes 11 and 12; provided that each Fl�ur contains at I�ast 75% of the �elow it and contains a principal use(s) permitteJ in this zune. iy be reduced under the provisions of FWRC 19.130.U20(3)(u), (b), (c), and �d). parking and parking azeas, see Chapter 19.130 FWRC. i tl�is height lin�it, sce FWRC 19.110.U50 et seq. yazds, see FWRC 19.125.160 et seq. i , Z25.100 Government facility, public parks, transit shelter. The fol(owin� uses shall be us� in the citvi center core (CC-C1 zone s the and notes set forth in this section: USE ZOl'{�iE CHART use ...'fHEN, across f'or REGULATIONS � s A O � � r � � U ,� A . N ac x � V a 'Q N � � '� Y c OC G�. Determined I. `I'he ciry may, usina proc un a case- dimensional requirements f by-case a. '('he pruposeJ developrr basis. b. 'fhe proposed developn c. The street, utilities, and 2. Proposed parks must be � 3. No maximum lot covera; requirements, i.e., required 4. Fur community design g 5. Forlandscaping requirer 6. For sign requirements th 7. Refer to Chapter 19265 8. Other retail uses not spei if the proposed use is deter 9. Minor wid supporting su h�ioht limitation, provided �, sieniticantly inipact adjace z DIREC7'IONS: F1RS9 p . Min � Re a v � �] o �L �p 4 v .°'. 3 y . � � .� H G �' � O a a a � Government Process Facility, il �f upd-�4ie Possible w t�upsit Process � sl�alte� IlI Public parks See note 1 Public ran i Transit shelter shelter; Process ! �, m �� m� �� f •� �� F � �, 20 ft. U fi. 0 H. See Public pazks: notes 1 Determined on a and 9 case-bv-case basis See note 1 and 5 Proctss 1, ll, lll und IV are described in Chepter 19.55 FWRC, Chapter l4.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respeclively. Fur other information about ZONE CC-C SPECIAL REGULATIONS AND NOTES � Ill, modify required yard, height, landscape and bufY'er and other site design an�l a proposed development that meets the following criteria: it will be consistent widi the adopted comprehensive plan policies tor this zone; anJ it will be consistent with applicable design guidelines; unJ her infrastructure in the area are adequate to support the proposed development. isistent with the city's adopted comprehensive parks plan. is established. lnstead, the buildable area will be determined by other site development iffers, parking lot landscaping, surface water facilities, etc. lelines that apply to the project, see Chapter 19. l 15 FWRC. �ts that apply to the project, see Chapter 19.125 FWRC. apply to the project, see Chapter 19.130 FWRC. NRC to determine Whai other provisions of this chapter may apply w the subject proper[y ically listed in this 7.one may be approved by the director ufcommuniry development sere�ic�s ned to be consistent witN �dopted comprehensive pl�u� pulicies for thi� zone. tures constructed �s a functional requirement ot'public purks may excecd the uppli��iblr at the director of community development services determines that such stnictures �vill n.�t properties. •rnd parking areas, see Chapter 19.13U FWRC. Fur de�ails of whai may exceed t is height limit, see FWRC 19.1 l0,Ui0 et. sey. For dntails reg•rrding reyuired y ds, see FWRC 19.125.160 et seq. K�2012 Code AmendmentslChange of Uu�use chsrts\19•2?5-1 W CC•C Governmem facflity doc ^� �/ rn r � QJ �a 19.230.010 Office use. � Z O � Q � J V � USE Oftice use, medical and dentai oftice The following uses shall be DIRECTIONS: FIRST, read down to tind h � O a � S N 7 .� fn rx r� a Process Il None Possible Process Ill See note 1 r � �- G � ;a w rn notes 1, Chapter 19.230. City in the city center frame (CC-F) zone s USE . "fHEN, across for REGULATIONS o� ,� a�' � � � v 'v x � �, ft. 35 ft. id 5 above average building elevation v � a �� W C � Y v xa 6eweFal e€tiee: 1 fa each 300 sq. ft. of gross floor area See notes I and 5 A4e�i�al ta�-�eattd ^F4'.�...,.� t�� eai.��3 �� s �laef � See nute 14 Process I,11, !!1 and 1V ere described in Chapter 19.55 FWRC, Chaptcr 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectivelY. K�2012 Code AmendmentslChynge uf UseWsa chans\19-230-010 CC-F Oflice Use.DOC l. The city may, using process 111, ma develop�nent that meets tlie following � a. The proposed development will t b. The proposed development will t c. The street, utilities, and other infi 2. No more than a five-foot building sc by existing site improvements, easeme open space, or other azchitectural elem lines is the same as the perimeter buffe 3. Assembly or manufacture of goods � a. The assembly or manufacture is c allowed use; b. 1'he assembled or manufac[ured � c. There nre no uutward appearance A. The fol�owing regulatia�s apply to � a. May unly treat sm�ll animals on b. May uut include outside runs or i c. The site must be Jesigned so thai acoustical angineer a��d tiled with Ihe i 5. Structures on property that adjoins s height of su ucwres shall not exceed 31 propeny liue, anJ shall not txceed 40 6. No maximum lot coveragt ia establi parking lot landscaping, surface water 7. For cummunity desi�� guidelines th 8. For landscaping requirements that a 9. For sign requirements thai apply ro IU. Refer to Chapter 19.265 FWRC to I I. Sinble•siory buildings may uot ext approved by the director for minor adc adJitiun(s) shall not exceed I,OUO sq. 12. No murr Ilwn 16,000 sq. fi. of neN FWRC 19.1 IU.080 and minor additio� 13. Multiplr-story buildings ure nut si contains a principal use(s) permitted ii 14. Reauired o:uki�ie mav be reduced For other infurmation abuut parking For details oYwlwt may exceed this I For details regarding required yarJs, Frame (CC-F) to the CHART and notes set fonh in this section: ZONE CC-F SPECIAL REGULATIONS AND NOTES yazd, height, landscape and buffer and other site design and dimensiunal requirements for o proposed consistent with the adopted comprehensive plan policies for this zune; and consistent with applicable design guidelines; and structure in the area are adequate to support the proposed development. >ack is allowed adjacent to principal pedestrian rigt�t(s)-of-way, as determiueJ by t6e direc�uc, wdess: it is precluded ts, topography, or other site constraints, as determined by the director, or to allow strer[scape ameuitie�, public ou-site nt(s) or improvements approved under Chapter 19.115 FWRC. 7'hr tninimum building sciback ulung all uiher properip as reyuired by Chapter 19.125 FWRC. � the subject property is permitted only if: azly accessory to an allowtd use condueted on the subject property aud is direcUy relaieJ tu aud Jependew ou ihis iods ure available for pw•chase and removal tiom d�� subject propeny and are for sale uulq tu rci:iil purclia,zn, ;md �r impacts from the assembly or manufacture. cterin•rry oftice only� ie xubject propeny; ;her outside facililies fur the awunals; noise from this use will not be audible utt'the subject property based on a cenitica�e to this eR'eci sigu�d by an :velopment pem�it applicatiun. resilential zone slwll be set back a minimum of2U R. tiom the propcny line aJjucem n, d�e rrsid�ntial zunr 'fhe ft. above averagz buildiug elevatiun when located betweeu ?0 H. �nJ 4U ft. ti•om the adjacent resideuually-zour�l above average building elevatiai wheu loc•rteJ betwern 4U ti. and IUU ti. lium such propeny liuc, hed, lnstead, the buildAble urea will be determinrd by o�her siro development rcyuiremenu, i.e., reyuir�d buFfers, acilities, eta 1 apply to the projrct, see Chapter 19.1 I S FWRC. ply to the project, see Chapter 19.125 FWRC. ie projrct, see Chapter 19,140 FWRC. letennine what other provisions of this c6ap�er muy apply w the subjzc� proprny. �ed e total ground floor area of 16,OU0 y�oss sy. ti., unless approved under tlie pruvisiuus ol' F WRC 19 I I O 11�0, ,�i tions such as entry structures, lobbies, sea�ing or dining areas, bay �vinJuws, aud ,iwil;ir leuhur,, pru� idrd thai ,u: h . per building in auy une co�isecutive 12-montli period. single-story constructiou may acur on a subject proprrty, escluding were�srs nppruved unda d�� pruvuwn, ut' approved by the direc�or unJer note I I. iject to iwtes 1 I and 12; pruvidrd tl�a� roch tloor coutains at leasi 7i � ot'�he gross sy. u uCdic tluur Uelo�e it uml lhis 2une. nder the orovisioi�s uF�WRC I9.13U.02U(31(al.lbl. lcl. and (Jl. parking areas, see Chapter 19.130 FWRC. �t limit, see FWRC 19.1 IU.O50 et seq. FWRC 19.125.160 et seq. 19.230.120 Covernment facility, public aarks, transit shelter. The following uses shall be permitted in the city center frame (CC-F) zone USE � Possible a+�d-�ub4ie Process tfe++»it III w ��,",�`� �p See note Public p�rks 1 Yublic Transit runsit s ett r s elcer Process 1. z uixC�, iutv�: O ., F � y � v W � 0. OC � 5 N USE �' •- � � � J Government Proeess lt Non� facility, FIRST, read down t o find use ... 7'HEN, across for Minimums Re uired Yards U �. a � a � � h � s = ` °" e � v A ,W a �a.:�i o v_ G, � PC Z tn 0.�' 0. : Government 35 ft. Determined facilities: above on a case- 20 ft. 0 ti. U ft. averagc by-cuse Public parks: buildin; basis. Det�rmined un u elevatiun. case-b -case basis. Public transit shelrer: See nutes Oft. Oft. Oft. 1,3,and9 See notes I, 3, and 6. l. The city may, usin� dimensional requirem� a. The proposed di b. The proposed d� c. The street utiliti 2. Proposed parks mu: 3. Structures on prope adjacent to the resider located between 20 ft. average building elev� 4. No maximum lot c� requirements, i.e., req 5. For community des 6. For landscaping rec 7. For sion requireme� 8. Reler to Chnptrr IS prupeny. 9. Minor und suppurti h�ight limitatiun prov nut signiticundy impe �, rn � � ,�# .�/ as� � Q � � � l, ll, lll and IV are describeJ in I9.55 FWRC, 19.60 FWRC, 19.65 FWRC, 19.70 FWRC respectively. K CoJe Amendments�Change of Uce�use chart9\I4-230-12U CGF Covemment Fxcility d�c to the regulations and notes set forth in this section: CHART ZONE CC-F SPECIAL REGULATIONS AND NOTES rocess Ill, modify required yard, height, landscape anJ bui'fer and �thrr site design and ts for a proposed development that meets the following criteria: elopment will be consistent with the adopteJ cumprehensive plan policies tur this zone; und elopment will be consistent with applic�ble design guidelines; and and other infrastructure in the area are adequate to suppon the proposed Jevelopm�n[. be consistent with the ciry's adopted comprehensive park plan. y that adjoins a residential zone shall be set back a minimum of 2U fi. t�um th� prop�rty line al zone. The htight of structures shall not exceed 3U ft. above average building elevation when nd 40 ft. tiom the adjacen[ residentially-zoned properry line, and shall not rxceed 4U ft. above on when located between 40 ft. and I00 ft. Yiom such prop�rry linr. erage is established. lnstead, the buildable area will be Jetermined by uther site �evelopn�em red buffers, parking lot lundscaping, surl'ace wutzr facilities, etc. n guidelines that apply to the pruject, see Chapter I).l I� f WRC. irements that apply to the project, see Chap�rr I�1.125 FWRC. s that apply to the project, see Chapter 19.14U FWRC !65 FWRC to determine what o�hrr pru��isiuns ul'�I�is �hapt�r may appl�• tu thr ,u��cct structures construrteJ as a timetiunul rryuiremrnt ul' public parks m:�� cxcr�d thr :ippli�ablc :d thut the dircctur uf cotnmuniry Jevelopment srrvices drterminrs that surh structurrs �vill udjacent proprrties. Fur other inPunnaiion ab t parking m�d parkiug areas, see Chnpter 19.130 FWRC. For details of what may e ceed tLis height limit see FWRC 19.1 lU.OSU rt. seq. For details regarding req red yards, sce FWRC 19.I25.160 rt sey. 19.235.010 Office/retail. The following uses shall be permitted in the office park (OP) zone subject to the � � � f�'� G. , � �- �rn �+ � � � rr� � � � 0 � "'� � � O " � � o a a ] � � C7 0.'> USE � � � USE ZONE CHART FIRST. read down to find use ... THEN, across for Re uired Yards U � � �n � o .°., � a a j ..7 w v� Office use, Process II None medical and Possible dental office III See note 10 Retail See note establishment 1 providing banking and related financial services; ptoviding office supplies, printing and duplicating Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter I9.70 FWRC respectively. ;pt 20 ft. along lential zones for and rear yazds notes 2 and 12 � � a s � � � 00 � � :� x� aa 55 ft. �al 1. If approved thi above office and to a maximum oi average retail: 1 for a. The additioi building each 300 sq. b. The subject elevation ft. gross floor c. Each requin area above average b► See notes d. The increas� 1 and 3 �4e�issl-� e. The increas� �e: established by th� -�-4'e�easl� 2. Front yazd seU ^''�� buffer and storm� gress-AeeE in the front yard. eFea 3. If any portion of the structure s Mixed Uses: 4. Accessory use Determined a.1'he placem on a case-by- building and site case basis property as an of b. The exterio the exterior appe ' S. The subject pc where noise gem as possible from 6. May not cond� gases, fumes or � and notes set forth in this section: Z�� OP SPECIAL REGULATIONS AND NOTES �ugh process III, the height of a structure may exceed 55 ft. alrove average building elevacion �0 ft., if all of the following criteria are met: d height is necessary to accommodate the particulaz use conducted in the building; and �roperty dces not adjoin a residential zone; and t yazd abutting the structure is increased one ft. for each one ft. the structure exceeds 55 ft. Iding elevation; and � height will not block views designated by the comprehensive plan; and 1 height is consistent with goals and policies for the area of the subject property as comprehensive plan. �ck: 25 ft. if entry is;visible from R.O.W. and front facade is 15% glass; 35 ft. if landscape ater facilities are located in the front yard; or 50 ft. if parking and driving areas are located f a structure on the subject property is within 100 ft. of a residential zone, then that portion all not exceed 30 ft. above average building elevation. may be allowed subject to the following criteria: nt, orientation, design, and other site design and architectural features of the proposed dan demonstrate thak this use will not detract from the principal character of the subject ce park. appearance of that portion of the building housing the accessory uses will be comparable to rance of other buildings on the subject property. perly must be designed so that any truck parking, loading and maneuvering areas; areas ating outdoor uses and activities may occur, and venu and similar features aze located as far ny residential zone. �t any activity or use on the subject property that involves the release of toxic or noxious For other informati n about parking and parking areas, see Chapter 19.130 FWRC. For details of what y exceed this height limit, see FWRC 19.110.050 et seq. For details regardin required yards, see FWRC 19.125.160 et seq. 19.235.010 Office/retail. (Continued) The followin uses shatl be ermitted in the office ark OP) zone USE ZONE CHART D1REC'1'IONS: FIRST. read duwn to tind use .. THEN. acruss for 1 USE � r � O •n v � � ti 0. v � .� = � � a x"a .� H 0 a Process l, ll, III and 1 V are described in Cliaprer 19.55 FWRC, Clwpter 19.60 FWRC, Chapter 19.65 FWRC, Chaptrr I9J0 FWRC respectively. am � �. � � �� 0 - n � � � Rec uired Yards w � o� � s= C u W .W ? � w v� 0. � v, v � s � �W = 0. �C cK a to th� r�v and notes set forth in this section: ZONE OP SPECIAL REGULATIONS ANU NOTES 7. Outdoor use, ac ivity and storage is regulated by FWRC 19.125.170. 8. Access to and f rr► drive-through facilities must be approved by the public works department. Drive-throuoh facilities must be esigned so that vehicles wili not biock traftic in the street while waiting in line anJ will noi unreasonably inter ere with on-site trat�ic flow. 9. No maximum I t coverage is established. Instead, the buildable areu will be determined by other sit� development requi ements, i.e., required buffers, parking lot landseaping, surfacr w�ter facilities, etc. 10. For communit design guidelines that apply to the project, see Chepter IN.I 15 FWRC. 11. For landscapin requirements that apply to the project, see Ch�pter 19.125 FWRC. l2. For sign requir ments that apply to the project, see Chaprer 19.140 FWRC. 13. Refer W Chapt r t9.2ff5 FWRC tu detrrmine what other provisions ol'this chapt�r may apply w thc sub property. For other infonnation abuut parking anJ purking areus, xee Chapter 19.130 FWRC. For dewils of whal m y exceed this heiglrt limii, see FWRC 19.1 IO.USU ei sey. For details regarding eqwred yards, see FWRC 19J 15.16U et seq. 19.235.080 Government facility, pubtic aarks, transit shelter. The following uses shall be permitted in the ot�ice ZONE OP ZONE CHART � N �, m � �. � . a �� Q � � � � USE z u��c O � d a � a v 3 . = aa Guvernment Pr�cess tt�cility, �ablie II �� 4+�+E Possibl� .�"°� Process Ill ISee note hublic transit 1 S helter UNS: FlRST, read down to tind use ... TH Minimums Re uired Yazds w � � a� := s � L .S w � rY zv` None 25 ft. 0 ft. U ti. 35 ti. ur abuve Sre note ZS R 2U tt. 20 ti. averaar 5 See not�s 2, 3 and 7 building elevation. See notes 1, 2 and 10 Process I, Il, Ill and 1V aze described in Chapter 19.55 FWRC, Chaptec 19.60 FWRC, (:hapter 19.65 FWRC, Chaoter l9.70 FWRC resoectivelv. zone subiect to the Cur REGULATIONS v V �. v W �. '1 u x ci Uerermined 011 il C15C� bycase basis. K 1?UI2 Code Amendments�Change ofUse�use clunAl9•?35•0800P Guvernme�u fncility.duc SPECIAL RECULATIONS ANU NOTES I, lfappruved lhruu� 55 ft., if uil of the fol a.1'he additional h b.1'he subject pro, c. Each required y building elevation; � d. The increased h e. The increased h comprehensive plan. 2. lf any portiun of a not exceed 30 ft. abc of the residential zor 3. 20 n. side and rea facilities and cafeteri or open amphitheate 4. Yropused parks m 5. No maximum lot reyuirements, i r., re 6. For community Jc 7. For landscaping r� 8, ['or sign requirem 9. Refer to Chapter . I0. Minur and suppc limitation provided t impact adjacent pro� and notes set f'orth in this section: process tll, the height of a structure may exctrd 3> ft, abovr avrruge builJing ilev.iiiun tu a nu�xunum ui wing ctit�ria are m�r. ght is necess�try to �iccommoJate thr particul�u use conductrd in thr buildin�; and rty dues not adjuin a residential zone; anJ i abutting the structure is incre�sed one ti. for euch onr ti. thr strucwrc �zcreJs 35 ti. abuvr av�ra�c will not block views designated by the comprehrnsive plan; und is consistent with go�ls & policies for the area of'the subject property .�s established by the ucture on the subject propeny is within 100 ti. of'a residential zone, then Uiat portiun of the su uciur� sh.dl average building elevation and the structure shall be set back a minimum of 20 t't. tiom the property linc yard setbacks required f'or svuctures such as otlices, cunference tacilities, Stor:�ge buildings, �ay c:�re s. No side or rear yard setbacks requirzd for structures such � transit, picnic ur other shrl[crs, sporu cuw is, , except su specitied in note 2, above. st be cunsistent with the city's adopted comprehensive park plan. �verage is established. lnstea�i, the buildable areu will be determineJ by uther sitc devrlopmcnt uired buflers, pazking lot landscaping, surfacr water 1'acilities, etc. ign guidelincs that apply tu thr project, sre Chapter 19. I I i FWRC. �uir�ments that apply to the pruject, see Chapter 19.I25 FWRC. nts that apply to the project, see Chapter 19.14U FWRC, >.265 FWRC to determine what other provisions of this chapter may apply to tl�e subject properq. ting svuctures constructed t�s a function:il requirement ol' public parks �riay excred the appl icable heigh� at the director uf communiry development services determines that such structures will not signil icandy For other inf'ormatio nbout parking and parking areas, see Chapter 19. l3U FWRC. For details of what ay exceed this height limit, see FWRC 19.1 I O.USU et. seq. For details regarding�required yards, see FWRC 19.125.160 et seq. ^� �+ m � � � � 19.240.050 Vehicle, boat, equipment, and outdoor storage container sales, rental, The � Z O E- Q .� � V � �i USE Sales, rental, or leasing facilities for vehicles, trucks, boats, trailers, motorcycles, and equipment, outdoor siorage containers, ponabte moving cuntainers Alechanical repair, b��dy repair, painting, ' ur rrluted servicrs for W vrhiclrs, trucks, boats, truilers, motorcycles, unJ eyuipment Vehicle service station or car wash fservice storage ilities and taxi lots shall be nermitted in the DIRECPIONS: FIRST, read dow Minimums �, Required Y�rds v � � a` � :: 3 �y � .y N a a�' :a Process 11 or with SEPA, Process Ill Process I, ll, lll and IV are described in C'hapter 19,55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. See notes 4, 5, I See note 2 and 17 G K:�2o 12 Codn AmenJments�Change of UeeWae charta\I9•340-OSO CE Vehicle, Equipment, Sales uc.DOC T T � :_,/ L �' u � `^ e� � y c L � o v v � 'u 2 u, v� x � x rn None � Sales, leasin 1'acilities: above 2U 8. See average note 1 building All others: elevatioi 20 ft. See �AABE� See note 1 to 55 ft. note 4 AABE zone subiectto the THEN, ucross for REGULA'I'IUNS v A N � � W C � �L u A � 0. Sales, I Minimum siJe aod rear yaz rental, and ell o[her uses, side and reur yai � 2. lf approveJ by the directur (AABE), to a maximum of 55 faCilideS: � structural, equipment, or operal for every height of 131t. a�id a minimum 300 sq. ft. one additional ft. for eacl� oue i of gl'oSS through variatious in rouf heigl tloor arCa 3. Building height may not exc 4. If n vehicle service station iu Uthrrwise: side(s) of the mini-mart, thcu tl de[ennined 5. Gns pwnp islauds, canopies, G. No tnorc than two v�hicle se On a Case- � No use or activiry muy br cc by-CUSe neighburing uses aud natural s� btisis �. 'I'hese uses shaU causr no inl proprity line, exerpt Irunspo�l� SCC uotC ��'r uo1 audible &um a resident �� 9. Except for principxl salas lo slurage yards for the sale or rei and ihe hont property line and 10. Mechanical repair, boJy re 1 1. Mechanical repair, body re applivant and subject to accept 12. Self-service storage faciliti 13. 7'he subject property must s�orage, and activities may occ use, nawral systems, and publi 14. No maximum lot coverage landscaping, surface water fac ' I5. F'or regulations pertaining I G for community design gui 17. �ur landscaping reyuireme 18. For sign requirements that For other infurmatiun For details of what may For details regarding rei vice, repair — Self service storag� Tow and taxi lots. notes set forth in tliis section: 'GONE CHAKT ZONE CE SPECIAL RGCULATIONS ANU NO"fGS t for sales, rental, anJ leasing 1'acilities shall be 2U tl. aloug residcnti:d zones anJ IU H,long :dl uthcr rone�, lix is sliall be 20 ti. aWng residential zones anJ I S ti. along other zoues. Fcommunity devnlopment srrvices, the heiglu u!'a structure inuy exceed 40 ti aln,ve average buil�iug �le�;uiuu L AABE, if'�ill of the 1'ulluwing criteria are mnt: (•r) T'he iucre�sed height u necessury iu accummudmr ihn iot�al needs of the use cunducted in the buildiug, and/or all �,�nuud tlour spaces have a miuimum Iluur-to-criGug depth of I S ft.; (b) Height complies with note 3; (c) Height over 40 Y't. is set back frow nou-residcwi�l zours by t. of height over 40 H.; and (J) Rool'lines are designeJ �o avoid a przJominaully fla� mid Feutureless appearance t, furms, angles, rnd materials. :ed 3U ft. AABE when located within IUO ft. of a residential zoue. cludes a mini-mart iu �he frout yard, with a su•eeauriemed entrauc�, and gas pump islaud(s) are at the rc.0 :md/ur �e minimwn &ont yard selback is the sumr as t6e perimrter landscape butl'er reyuired bv Chapter I�) 1?5 PW RC' and covers over pump islands, may not be locuted closer d�an 20 fi. �u auy pruprrry lina. rvice stalions may be locuted at lhe same intersection. uducted that invulves the releuse of Wxins, noxiuus gases. smoke, fiunes, dust, udurs, ur uih�r diseh.u;�z au rent and recurring generaied noise or vibratiuu tlu�i is pzrceptiblc wiihout mstruments ai am�� pouu aluug a m aud delivery oper:uiuns rypic:illy utiJ cuslomarily assuciated with the use, auJ pror�drd thui such upern�iuns zone on a regular or recurnng basis. outdoor storage area� �I�all be IocateJ to the rear ancUor side(s) of'the principally peru�itted sUUCture. Outdoor d of outdoor storagr containers or portable moving contaiuers may not be lucated betwreu the principal building ust be Fenced anJ screened in accordance with FWRC 19.125.170, :md die siored concaiuers muy not be stacked ir, and paintiug shall be coiiducted completely within enclusrd building(s). ir, and painting shall pruvide adequate parking for customers, based on a p�rking study prepared by the ce by the director of community development services. may include one accessory living fecility. designed so that truck parking, loading, and maneuvzring areas; azeas where nuise geuerating uutdoor uses, ; or vents and similar features; are located as far as possible from any residential zonr, cunfurmiug re�idential �plies. Instead, the buildable area will be detennined by otlier site developiuent regulauuns, i.e., reyuired yards, ;ies, etc. outdoor use, activiry a�id siorage, refer to FWRC 19.125.170. lines that apply to the project, see Clupter 19.1 IS FWItC. s tlwt rpply to the project, see Chupter 19.125 EWRC. iply to the projec�, see Chapter 19.140 FWRC. parking and parking areas, see Chapter 19,130 FWRC. d this height limit, see FWRC 19.110.050 et seq, yazds, see FWRC I9.125.160 et seq. 19.240.080 OfCce uses. � z 0 F a a � � � � a, rn � rn '� .� .� r � � � US�. Medical and dental ufticrs, tiice banking, financial, real esta►e, insurunce,and other protessional Research and development facilities whose primary purpose is not product testing. (If the primary purpose testing, FWRC 19.240.030 applies,) uses shull be permitted in 1he comtnercial enternrise (CE) zoiie USE FIRS`I', read down to tind usc ... THEN, across for REGULA"fl( � V O y L t... v 3 0. � o o.v. ' y _ .E � L� c> `n o v � � aa ..°.� k v� a ��v� Process II Nonc 5 fl. Ste note 2 40 ft. above or with See note 9 �veruge SEPA, building Procrss elevutiun II) (AABE), [o SS ft. AABG and 4 tloors See notes 3 and 4 Process 1, I1, Ill and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. v A G �o N ,�. W � c c� u 0: 0. and notes set fonh in this section: CHART ZONE CE SPECtAL RECULATION3 rWD NO"1'ES Med�al L Minimum ide and rear yards shull be 2U tt, along rosiJeutial zones anJ 5 ft. aloug <<II oth�r zones. aHC#-drfKal 2. If approve by the director of communiry development scrvices, Ihe hei�ht of a structure ma� excred 40 �t�iee� E-{eF ti. abuve ave ge building elevation (AABE), to a maximum oi'S5 ft. AABE and luur floors, if all uf thr �.�•••� follo�ving cri ria are met: (a) The increased heiglu is nrcessary to accummoJate tlie structurxl, ssj--t{-s# equipment, o operational needs of'the use conducted in the building, aneVur all grounJ Floor sp:ices have a �ss-�leer minimum fl r-to-ceiling height of 13 ft. and a minimum d�pth uf I S ti.; (b) Height cumplies with note 3; arrd (c) Heiglu ov r 4U ft. is set back tiom non-residential zones by one additiunal ft. fur each une ft ut' hei�ht over 4U ft.; a d(d) Roof lines aze designed to avoid a predominantly Oat and featureless uppear�nce 9tlx� through varia ions in roof height, forms, angles, and materi�ls. otiice: 1 for 3. Building h ight may not exceed 30 tt. AABE when lacated within IOU ft. of a residrntiad zone. each 300 4, Veterinary t�ices must meet all of the foUowing: (a) only small animals may be treated; (b) outside sq. fl. of runs or other utside facilities are not permitted; othenvise this use shall be reviewed under FWRC gross tloor 19.240.10U; d(c) the site must be designed so th�t noise tiom this use will not be audibl� oft'the Subjcct at arcu property base on a certificate to this effect signed by an acoustical engineer and tiled wiAi the develupment rmit application. 5. Drive-thro gh facilities must b� slesigned so that vehicles will not block traftic in the sveet while waiting in lin and will not unreasonably interfere with on-site trattic 11ow, and must meet Uie design guidelines es blished in Chapter 19.115 FWRC. 6. No maxim m lot coverage applies. Instead, the buildable azea will be d�termined by otl�er site development egulations, i.e., required yards, landscaping, surf'ace water facilities, etc. 7. For regulat ons pertaining to outdoor use, activity and storage, refer to FWRC 19.125.170. 8. For comm nity design guidelines that apply to the project, see Chapter t9.1 IS FWRC. 9. For landsc ping requirements that apply to the project, see Chapter 19.125 FWRC. l0. For sign r quirements that apply to the project, see Chapter 19.140 FWRC. t 1. For other rovisions of this chapter that may apply to the subject proper[y, see Chupter 19.265 1� W RC. For other For details For details about parking and parking areas, see Chapter 19.13U F W RC. may exceed this height limit, see FWRC 19.1 lU.U50 et seq. �g required yards, see F'WRC 19.125.160 et seq. K:12012 Code Amemlments�Chan�e of Use4�se chatts\19•240-080 CE Otl'ice Uyes UOC W 19.240.130 Government facilities, public parl:s, and transit shelter. � � USE � z O � a � :� x W a` GY � 3 . c > a a taciliry, ��1+e il, or ��+si� with s1�e{tr� SEPA, Proc�ss Pubtic parks 111 shelter residentialzones Public pazks anJ transit shelters: Determined on a case-by-case basis, provided, 20 ft. along residential zones See note 9 � � rn � � � Process t, II, 111 and 1V are described in Chapter 19.55 FWRC, Chapter 19.G0 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. zone subiect to the notes set fonh in this section: USE Z�NE CHART across Cor ItEGULAT � 0 � W Z E ? '� U �, �� Govrrnment facility: 40 fl. above average building elevation (AABF.) to 55 ft. A�\BE. See notes l and 2 Public pazk: Determined on a case-by-case basis See notes 2 and 4 Transit shelter; I S fl. above average building � K:�2U12 Code AmenJmenls\Change uf Usluse chane\I9-240.130 CE Government Facilities.UOC � :d in the cummercial enterprise ( F'IRST. read down to tind use .. s N � o .[°, � v .a w v� a me Government facili : 20 ft. l U 10 ft. V a N � C �a ;� d � aa on a c;ue- by-case basis l. lf approveJ b above average b me[: (a) "fhe inc the use conduc[e ft. xnd a minimu� residential zones avoid a predomir materials. 2. Building heigF 3. Proposed pazk 4. Minor and sup allowed, provide Development Sei impact adjacent � 5. The subject pr noise generating possible from an 6. No maximum regulations, i.e., 7. For regulation 8. For communil 9. For landscapii 10. For sign req� 11. For other nrc For other For details For details ZONE CE SPECIAL RECULATIONS AND N07'ES he director of community development services, the height of a structure may exceeJ 4U fl. Iding elevation (AABE), tu a maximum of 55 ii. AABE if all of the fullowing criteri.i arc ased height is necessary to accommodate the structural, equipment, or uperation<il needs uf in the building, and/or all ground tloor spaces have u minimum tloor-�o-ceiling I�eight w 13 depth of l5 fl.; (b) Height complies with note 2; (c) Height over 4U ft. is srt back tium uon- y on� additionul ti. for each �ne ft. of height over 40 ft.; a�id (d) Rool' lines ure d�si�.n�d �u ntly flat and featureless appearance through variations in roof height, turnu, angles, xnd may not exceed 30 ft. AABE when located within 100 ft. of a residential z�ne. must be consistent with the city's adopted comprehensive park plan. oning structures constructed as a functional requirement of a public park facility may be a maximum height of 55 ft. AABE is not exceeded and the Director of Community �ices determines that the facility and any related supponing svuctures will not signiticantly perty must be designed so that truck pazking, loading, and maneuvering areas; areas where utdoor uses and activities may occur; anJ vents and similar Y'eatures are located as t<ir as residentia� zone, conforming residential use, natural systems, and public rights-of-way. >t coverage applies. lnstead, the buildable area will be determined by other site Jevelopment :quired yards, landscaping, surface water facilities, etc. pertaining to outdoor use, activity and storage, refer to FWRC 19.125.170. design guidelines that apply to the project, see Chapter 19.115 FWRC. ; requirements that apply to the project, see Chapter 19.125 FWRC. rements that apply to the project, see Chapter 19.14U FWRC. isions of this chapter that may apply to the subject properry, see Chup[er 19.265 FW RC. about parking and parking areas, see Chapter 19.130 FWRC. exceed this height limit, see FWRC 19.110.050 et. seq. required yards, see FWRC 19.125,160 et seq. � rn � C � ('� �- �\ � � �, A � rn � � 19.240.070 Retail, general and specialty — Manufacturing and production, The following uses shall be oermitted in the commercial enterorise (CE) zone subiect to the reeul� � z 0 ., � a USE General and specialry retail sales, as defined in this chapter, which includes, but is not necessarily limited to, products such as groceries, produce, and related items; drugs and personal care products; books; liquor; hardware; nursery or agricultural stock and related items; household goods; clothing; variety; home electronics; sporting goods; signs; second hand merchandise; antiques; a� works of art; {��etail services including laundry, dry cleaning, beaury and barber, video rental, shce repair, printing and duplicating DIRECTIONS: FIRST, read down to find use ... THEN, Minimums y Re uired Yards N � U o s v a d a W �� v M � v � � E � = c v� ' ` ° v `° � '°� �,�,' °� 'Y�' a w .°� w v� cG � x v� oL a Process None 5 R See note 1 40 ft. above 1 for II or with See note 10 average each SEPA, building 300 sq. Prceess elevation ft. of III (AABE), to gross 55 ft. AABE floor and 4 floors area See notes 2 and3 across for 1. Minimum s 2. If approved above average following crit� operational ne to-ceiling heig R. is set back i Roof lines are height, forms, 3. Building he 4. Drive-throu line and will n established in 5. The subject noise generati. possible from 6. Except as n and/or side(s) 7. No maximu regula[ions, i.� 8. For regulati 9. For commu 10. For landsc 11. For sign ri 12. For other � 13. May be aF analogous to � policies for th ZONE CE SPECIAL REGULATIOIVS AND NOTES Manufacturing and production, limited, as defined in this chapter Other retail sales or services not snecificallv listed in this wne See note 13 Process I, II, lIl and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, K:�2012 Code Ame�dmenta\Change ofUaeWse cherts\19-240-070 Retail General, ManuFacuuing REV Draft 2.DOC section: ZONE CtIART TIONS ; and reaz yards shall be 20 H. along residential zones and five ft. along all other zones. � the director of community development services, the height of a structure may exceed 40 ft. uilding elevation (t�ABE) to a maximum of 55 ft. AABE and four floors, if all of the a are met: (a) The increased height is necessary to accommodate the structural, equipment, or s of the use condueted in the building, and/or all ground floar spaces have a minimum floor- of 13 R and a minimum depth of IS ft.; (b) Height complies with note 3; (c) Height over 40 m non-residential zones by one additional ft. for each one ft. of height over 40 ft.; and (d) ;signed to avoid a predominandy flat and featureless appearance throuoh variations in roof igles, and materials. ht may not exceed 30 ft. AABE when located within 100 ft. of a residential zone. i facilities must be designed so that vehicles will not block traffic in the street while waiting in unreasonably interfere with on-site tr�c flow, and must meet the design guidelines �apter 19.115 FWRC. •operty must be designed so that truck parking, loading, and maneuvering areas; azeas where outdoor uses and activities may occur; and vents and similaz features are located as far as ry residential zone, conforming residential use, natural system, or public right-of=way. ✓ be allowed under FWRC 19.125.170, outdoor storage areas shall be located to the rear 'the principally permitted structure. lot coverage applies. Instead, tt►e buildable area will be determined by other site development required yards, landscaping, surface.water facilities, etc. is pertaining to outdoor use, activity and storage, refer to FWRC 19.125.170. ty design guidelines that apply to the project, see Chapter 19.115 FWRC. �ing requirements that apply to the project, see Chapter 19125 FWRC. �irements that apply to the project, see Chapter 19.140 FWRC. >visions of this chapter that may apply to the subject property, see Chapter 19.265 FWRC. •oved if the director determines that the chaYacteristics and impacts of the proposed use are ier listed uses and the proposed use is consistent with the comprehensive plan goals and zone. For other info ation about pazking and pazking azeas, see Chapter 19.130 FWRC. For details of hat may exceed this�height limit, see FWRC 19. l 10.050 et seq. For details reg�rding required yazds; see FWRC 19.125.160 et seq. � � CITY OF � Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way Revised Code Related to Review Process for Minor Exterior Building Modifications; Review Process for Additions to Developed Sites; Review Process for When New Non-residential Tenants Occupy Existing Buildings (Change of Use); and Nonconforming Development Requirements when there is a Change of Use FILE No'S: 12-101330-00-SE & 12-101171-00-UP Public Hearing of Apri14, 2012 I. REASON FOR AMENDMENTS The proposed code amendments discussed herein are amendments to the Federal Way Revised Code (FWRC) Title 19, "Zoning and Development Code" to: modify the review process for minor exterior building modifications; modify the review process for improvements to developed sites; modify the review process fo r a chan�e of use• and eliminate a section of the nonconformance standards that require site upgrades when there is a change of use. The Ptanning Commission is being asked to review the proposed amendments to FWRC Title 19, enclosed as ExhibitA, and forward a recommendation to the City Council Land Use/Tra.nsportation Committee (LUTC) and City Council. This proposed code revision is part of the 20 L 1 Planning Commission Work Program as adopted by the City Counci(. II . BACKGROUND AND APIALY5[S A. Review Process for Minor Exterior Building Modification (Exceptions to Process I— I� (i) Existing code language related to exceptions to Process I—!T! FWRC 19.15.020 identifies exceptions to Process I— IV review for construction of a single family dwelling, applicable tenant improvements and maintenance, and for minor additions to house mechanical equipment such as coolers and HVAC equipment. (ii) Proposed amendment to FWRC 19.1 �_ 020. Staff recommends the addition of text exempting from Process [—[V review, minor exterior fa�ade modifications such as instatling or relocating windows, doors, canopies and awnings; and other minor improvements not visible from off site. These types of minor improvements would be reviewed for compliance with applicable development and zoning regu(ations with the associated building, mechanica(, or other permit (Exhibit A, FWRC 19.15.020). 47 (iiij Rationale for Proposed Change The Department of Community and Economic Deve(opment receives many inquiries and applications for minor exterior building modifications. Exempting the types of minor exterior farade modifications would be less costly for businesses and wou(d atso streamline the development review process by eliminating a land use review process for these types of minor modifications. Any improvements would still be required to comply with all applicable zoning, dimensional, and design requirements of the City, but the review process would be condensed into the building permit review. B. Review Process for Improvements to Developed Sites (i) Existing code language related to review process for improvements to developed sites. Existing code language in FWRC 19. I.i. 030 allows only very minor and limited improvements to developed sites, unless the improvements are reviewed under Process [I or higher [and use review. Under current code, improvements and/or additions to an existing developed site that are exempt from SEPA shall be processed using Process I, provided the improvements and/or additions do not exceed any of the following thresholds: (a) There is no change of use. {b) There is no reduction in the amount of required landscaping, buffering, open space, or public arec�s. � erra c nge or re uc ron �n t e amount o require par ing. (d) There is no material change in the location of utilities, easements, or pedestrian connections. (e) There is no material change to the approved architectural design. (f} There are no additional adverse impacts to critica! areas. Under current code, improvements that exceed the thresholds above and are exempt from SEPA must be reviewed under Proces II review. Improvements and additions that trigger SEPA review must be reviewed under the use process indicated by the applicable use chart, which is typically Process III or N(Exhibit A, FWRC 19.15.030). (iij Proposed amendments to FWRC 19.IS.030. Staffrecommends the addition of text that defines an applicable use process review based generally on the size of the proposed improvements. Specifically, new improvements that do not exceed 25 percent of the gross floor area of the existing building or 2,000 square feet oPnew gross floor area, would be a(lowed pursuant to Process I review. Substantial improvements that do not exceed 100 percent of the square footage of the existing building would be permitted via Process [t review under most applications. Major improvements, which are not exempt frorn SEPA review and/or exceed 100 percent of the eYisting gross floor area, are required to be reviewed under the use process indicted on the zoning charts (typically Process [I[ review). (Exhibit A, FWRC 19.15.030). Staff Report to the Planning Commission Page 2 K:�2012 Code Amendments\Change of UseU'lanning CommissionlChange of use Stat� Report 3-26-2012[(J.doc 48 (iii) Rationale for Proposed Change The proposed code changes imp(ement a logical hierchy of land use review processes retative to the size and scate of proposed improvements. The proposed text amendments would a(low minor improvements under a Process I review, which is an expedient and reasonabie (and use review process for administrative decisions. Specific size limitations are defined for what woutd be allowed under Process I. The proposed amendments would also allow a generally larger addition (substantial) than currently altowed, which may not exceed 100 percent of the existing gross floor area of a site, under a Process II review. Major improvements would be reviewed pursuant to the review process required by the app(icable zone use chart, which is no change from the current code. The proposed code amendments would be less costly for businesses and would also streamline the development review process for many improvements and additions to developed sites by potentially allowing larger, but reasonably sized additions with a (ower review process. Any improvements would still be required to comply with all applicabie zoning bu(k, dimensional, and design requirements of the City code, but in many cases, the (and use review process would be a more simple and less costly review process. C. ReView ProCess for when 1�TetY Non-Cesident�l Tenaatc (lrcu .gu�� (Change of Use) (i) Existing FWRC code definition of change of use is as follows: Change of use " means the genera! character of a use has been modified. This determination shall include but not be limited to a review of.• (1) Hours of operation; (2) Required parking, (3) Tra, f'fic generation; (4) General appearance, (S) Type, extent, or amount of indoor or outdoor storage; and (6) Constituents of surface wcrter discharge or runoff. Based on the definition above, every time a new tenant occupies an existing non- residential site, the new use is reviewed to see if it is considered a change of use, based upon the existing definition. The change of use factors are quite broad and subjective and result in unpredictable outcome for the appiicant. The curcent process also ptaces staff in the difficult position of attempting to make consistent decisions utilizing a subjective standard. (ii) Proposed addition of FWRC i9.1�.025, Change of Use. Due to the unpredictable nature of reviewing change of use under the existing code, City staff recommends adding a new section to the FWRC to review and determine compliance with applicable zoning and development code requirements when a new non- Staff Report to the Planning Commission Page 3 K:�2012 Code Amendments\Change of Use1I'lanning Commission\Change of use Staff RepoR 3-26-2012[1].doc 49 residential tenant is proposing to occupy an existing building or site. To simplify the decision of determining if a change of use occurs, a change of use will have occurred if the ne�v use is a pertnitted use in the zone, but the new use is identifted in a different paragraph than the existing (previous) use in the use zone charts. Uses having different characteristics are grouped into separate paragraphs. As specified in the proposed code 19.15.025, each new change of use will be reviewed for comptiance with use specific setbacks, parking standards, and use specific special regulations and notes contained on each zoning use chart. Generally, a land use permit will not be required for the change of use, unless the new use requires a higher review process than the previous use of the site. Current code requires a significant and costly land use application when a change of use is determined to have occurced. In addition, as discussed below in section IV, typicalty a change of use will not be required to upgrade existina site nonconformances (Exhibit A, FWRC 19.15.025). [n order to fairly and efficiently review proposals to determine if a change of use has occurred, it is necessary to modify the content of several use zone charts. Specifically, severai of the use zone charts lump several unrelated and various types of uses into a single paragraph. Since each paragraph wi(1 now be considered an individual type of use, it is necessary to segregate some of the different uses into different para.graphs on severa( use zone charts. In addition, a few minor logical housekeeping amendments are also proposed on the use zone charts (Exhibit B, Amended Use Zone Charts). ' . - . � •.• -� ��.� •� � �.��- . - .,� , . The basic premise of these revisions is to recognize that change of uses occur frequently and that a basic zoning review is required and that it should be a quick and inexpensive process. The proposed modification of the change of use review process is intended to make the review process more predictable and streamlined for businesses and City staff. The new review process will eliminate subjective review factors, and will be replaced ivith a more simple and efficient decision making process, with less cost to the applicant. In concert with the proposed amendments to the nonconforming code section discussed below, the proposed amendments could reduce the start up costs for businesses and would atso streamline the development review process for many new businesses and tenants. Any new tenants would stil( be required to comply with key standards, such as building setback standards, parking standards, and use specific zoning chart standards, but the review process for review of these zoning standards would be condensed into the building permit review, as opposed to a full land use review process. D. Nonconforming Development Requirements when there is a Change of Use (i) Existing code language related to review process for improvements to developed sites. 19.30. 090 Nonconforming development. (1) If any aspect, structure, improvement or development does not conform to the development regulations prescribed in this title, that aspect, structure, improvement or development must be brought into conformance or otherwise improved as set forth below. (a) Change of use — Single-tenant site. If any applicant proposes a change of use on properry used or occupied by a single tenant or use, the applicant shaU meet those Staff Report to the Planning Commission Page 4 K:�2012 Code Amendments\Change of Use�Planning Commission\Change of use Staff RepoR 3-26-2012[1 j_doc 50 provisions determined by the director to be reasonably related and applicable to the change of use. These provisions shal! apply to the entire site. (b) Change of use — Multi-tenant site. If an app[icant proposes a change of use on only a portion of property occupied by multiple tenants or uses, the applicant shall meet those provisions determined by the director to be reasonably related and applicable to the change of use. These provisions shall appdy only to that geographic portion of the site related to the use or tenant space on which the change is proposed. (ii) Proposed amendments to FWRC 19.30.090 Nonconforming Development. Staff recommends elimination of the code provisions that cause any aspect, structure, improvement, or development that does not conform to the current zoning and development standards be required to be brought into conformance when there is a change of use, for both single tenant sites and multi tenant sites (Exhibit A, FWRC 1930.090). (iii) Rationale for Proposed Change The proposed code amendments recognize that a change of use is a typical and frequent part of the business cycle, and isn't so significant that it should cause existing nonconformances unrelated to the change of use to be brought into conformance. The proposed code amendments would be less costty for businesses at the time of start up and would also streamline the development review process for many tenants. The code amendments would encourage occupancy of existizt�vacant comme_ rcial �na�es in rhe Ciry by e(iminating some of the upgrades to the site nonconformances required under the �current code when there is a change of use. III PROCEDURAL SUMMARY 3/16/L2 Notice issued for Planning Commission Pubtic Hearing 3130/12 Issuance of Determination ofNonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 4/4/12 Public Hearing before the P(anning Commission 4/13/12 End of SEPA Comment Period 4/27/12 End of SEPA Appeal Period IV. PUBLIC COMMENTS No comments were received as of the date of this report. Staff Report to the Planning Commission Page 5 K:�2012 Code Amendments\Change of Use�Planning CommissionlChange of use Staff_Report 3-26-2012[1].doc 51 V. REASON EOR PLANNING COMMISS[ON ACTION EWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: l. To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendments meets the criteria provided by FWRC 19.80.130. 3. To forward a recommendation to the City Council regarding adoption of the proposed zoning code text amendments. VI. DECIS[ONAL CRITERIA FWRC 19.80.13U provides criteria for zoning text amendments. The foliowing section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWRC 19.80.130. The City may amend the text of the FWRC on(y if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the Federal Way Comprehensive Plan (FWCP). The proposed FWRC text amendments are consistent with the following FWCP poticies and LUP3 Use design and performance standards to create attractive and desirable commercial and office developments. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. LUP35 Al(ow a broad range of commercial, retai(, office, industrial, and supportive uses to meet the needs of workers and consumers, in well integrated, well functioning, high qualiry developments. EDG6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federa( Way. EDP10 The City witl work with the private sector to active(y encourage the retention and expansion of existing businesses, as we(1 as bring in new development, businesses, and jobs to the community. EDP18 The City will periodically monitor local and regional trends to be able to adjust plans, policies, and programs. 2. The proposed amendment bears a substantia! relationship to public health, safety, or welfare. Staff Report to the Ptanning Commission Page 6 K:12012 Code Amendments\Change of Use�Planning CommissionlChange of use Staff_Report 3-26-2012[1 ].doc 52 The proposed FWRC text amendments bear a substantiat re(ationship to the public welfare because they will allow a streamlined development review process for projects. The proposed amendments will not adversely affect the public heatth or safety. The proposed code amendments will make the development review process more predictable and simple for applicable proposals with (ess cost and a shorter review time for the applicant. 3. The proposed amendment is in the best interest of the residents of the city. Approval of the proposed code amendments would benefit the City as a whole by providing flexibility in the zoning code, while estabtishing a more efficient review process for building permits and zoning approva(s for new and existing non-residential uses. Approval of the proposed text amendments would benefit the city as a whole as they would provide the opportuniry for a shorter and less costly review process for proposed development and/or redevelopment of structures, and encou�age the development and occupancy of vacant existing non-residential buildings in the city. VII. STAFF RECOMMENDATION Based on the above staff analysis and decisiona( criteria, staff recommends that the proposed amendments shown in Exhibits A and B, summarized as follows, be recommended for approval by the Planning Commission: 1 AmQtl_rlmentc tn E (n�t�l�_C��CleyLjlCgCE$S-aL7C�.EXCeptinnc fn�r min { exterioc building modifications (E�chibit A). ' 2. Amendments to FWRC 19.15.030 modifying the review process for improvements to developed sites (Exhibit A). 3. Addition of FWRC 19.15.025, modifying the review process for a change of use (Exhibit A). 4. Amendments to FWRC 19.30.090 eliminating two sections pertaining to nonconforming development and change of use (Exhibit A). 5. Amendment to FWRC 19.15.090 modifying two sections pertaining to change of use and compliance (Exhibit A). 6. Amendments to zoning use charts FWRC 19.210.010, 19.210.030, 19.215.010, 19.215.080, 19.220.010, 19.220.020, 19.220.030, 19.220.110, 19.225.010, 19.225.100, 19.230.010, 19.230.120, 19.235.010, 19.235.080, 19.240.050, 19.240.080, 19.240.130 (Exhibit B). VIII PLANN[NG COMMISS[OlY ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend adoption of the FWRC text amendments as recommended by staff; 2. Modify the sta.ff recommended FWRC text amendments and recommend to the City Counci( adoption of the FWRC text amendments as modified; 3. Recommend to the City Councit that the proposed EWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to the City Council without a recommendation. Staff Report to the Planning Commission Page 7 K:�20(2 Code Amendments\Change of Use�Planning Commission\Change of use Staff Report 3-26-2012[l].doc 53 EXHIBITS ExhibitA Draft Code Amendments FWRC 19.030(c), 19.15.020, 19.15.025, 19.15.030, 19.15.090, 1930.090. Ezhibit B Amendments to the zoning use charts: FWRC 19.210.010, 19.210.030, 19.215.010, 19.215.080, 19.220.010, 19.220.020, 19.220.030, 19.220.110, 19.225.010, 19.225.100, 19.230.010, 19.230.120, 19.235.010, 19.235.084, 19.240.050, 19.240.080, 19.240.t30. Staff Report to the Planning Commission Page 8 K:�2012 Code Amendments\Change of Use�Planning Commission\Change of use Staff Report 3-26-2012(1 ].doc 54 Draft 3-27-2012 19.05.030 C definitions. "Canopy" means a permanent, rigid, roof-like structure that projects from a building as a shelter, with no habitable space above it, but that does not project above the adjacent parapet or roof of a supporting building. A freestanding canopy is a rigid, roof-like structure providing shelter that is supported by one or more posts embedded in the ground. Cargo Containers. See "outdoor storage containers" and "portable moving containers." "Cell-on-wheels (C-O-I/l�" means a mobile temporary personal wireless service facility. "Cemetery" means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses, when operated in conjunction with and within boundaries of such cemetery. « » /')\ Dorv� �irorl n�rLinn. ' r t ; t � "Church, synagogue or other place of religious worship" means an establishment, the pcincipal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place o# worship, and which establishment may include related accessory uses. "Clearing" means the destruction and removal of vegetation by manual, mechanical, or chemical methods. "Clearview zone" means the areas around intersections, including the entrance of driveways onto streets, which must be kept clear of sight obstruction. See FWRC 19.135.300. "College or university" means a post-secondary institution for higher {earning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields_ �� Ex� . ��r PAGE � OF_� 55 Draft 3-27-2012 19.15.020 ��^*:^ Exemptions Permits for the following are exempt from the provisions of process I through IV: (1) The development of detached dwelling units on pre-existing lots, except where a land use process is triggered by the requirements of FWRC 19.145. (2) Any tenant improvements or normal maintenance on the subject property necessary to meet the varied requirements of continuing or succeeding tenants, except as identified in FWRC 19.15.025. (3) The Director of Community and Economic Development °°^��;^� may exempt minoc additions from the requirements of this chapter such as but not limited to additions necessary to house mechanical equipment such as coolers, heating, ventilation, and air conditioning type of equipment, minor exterior buildinq fa�ade modifications such as awninqs and canopies installinq or relocatinq windows or doors. The Director mav exempt other similar improvements, for example improvements not visible from rights of-wav or residential uses or zones. Proiects exempted frorn process I through IV shall be reviewed for zoninq compliance with the associated buildinq, mechanical or other permit. (Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-32.) 19.15.025 Zonina and use review process �or new tenants — Chanqe of use at a developed site. The purpose of this section is to review and determine compliance with applicable �^�i�4--ar�� ^��«��eEt�+�e�e�t�rn�e� existinq building or site, except single family and multi-family residential proposals. When a land use chanqes from one use cateqorv in the zoninq cha�ts to another use cateqorv, a zoning compliance review shall be performed as part of the use process review, when reqiaired, or in coniunction with the required business reqistration and/or building permit review. Each paraqraph in a zoninq chart is a use cateqorv. If the new use is in the same use cateqorv as any previous legal use of the site, no zoninq compliance review is required. 1. Anv new use shall comply with onlv those standards of the use zoninq charts that are directiv related to the new use as determined by the Director. Examples include parking, use specific setbacks, use specific special requlations and notes, and nonconforming surface water qualitv improvements identified in FWRC section 19.30.120. Other nonconforming aspects of the site which are not made nonconforming as a result of the chanqe of use.are not required to be brought into conformance as a result of this subsection. 2. If the review process for the new use is eQUa! to or less than the review process required for anv previous legal use of the site, the zoninq review shall be completed as�part of the required buildinq permit application or if no buildina permit is required the review shall be completed as part of the business reqistration review: Exceat, anv new use that requires Process III (not as a result 56 EXl��' � z PAGE�O� � _ Draft 3-27-2012 of SEPA review) or Process IV review will be required to apply for and receive a�proval of the use process indicated on the applicable use chart. � 3. If a new use requires a higher use process than the use process for anv previous leqal use of the site then the applicant must applv for and receive approval of the use process indicated on the apqlicable use chart. 19.15.030 Review processes for improvements and additions to developed sites. Improvements and/or additions to existing developed sites except critical area intrusions as regulated by FWRC Chapter 19 Division V, shall be subject to land use review processes as follows,: , !.�\ There ie. n� nh.�nno �f � i�e b, , , - /rl\ Ti�ere ie. n� mr+�erinl nh�+nno in +hc Inn�4inn nf ��ili*inc•_ .. � ............ . .... .... � . !o\ Thcre ic� nis rr+�+}eri�+I nF��+nne �n �he �nnrnvorl �rnhiFor4ur�Lt1 � . ...,..� .., �.., ...u�.,...,,. .,....... .., ....� ... ..........�....,..... ___.�... . (1) Minor improvements, modifications and additions. Minor improvements, modifications and additions to a site such as parkinq lot and landscape area modifications and improvements andlor additions to an existing developed site that are exempt from SEPA shall be processed usinq process I, provided the improvements and/or additions do not exceed either of the following thresholds: (a) 25% of the qross floor area of the existinq use; or (b) 2,000 square feet of new gross floor area -�2) Substantial Improvements °rn��. Improvements and/or additions to an existing developed site #hat are exempt from SEPA and exceed the thresholds in subsection (1) of this section, but do not exceed 100% of the square footaqe of the qross floor area of the existinq use sf�all be reviewed usinq qrocess II. Substantial improvements to a site for a use which requires Process III or IV review shall be reviewed pursuant to the use process indicated on the applicable use zone chart. (3) Maior improvements'�^r^„°,�,.,°^*� ^^* evomn� frnm c�Qa �mprovements and/or additions to an existing developed site that are not exempt from SEPA and/or exceed 100% of the gross floor area of the existing use �r° ^^� °vomr�+ frnm c�oo shall be processed under process 111, unless process IV is indicated by the applicable use zone chart in which case process IV shall be used. �4) Where an improvement/addition that houses a new and different use is added to an existing developed site, the new improvement/addition shall be processed under the use process indicated bv the applicable use zone chart. EXi� � � ��' 57 PAC,E_�.,.._O�,�a_._ Draft 3-27-2012 (Ord. No. 10-673, § 4, 10-19-10; Ord. No. 07-573, § 10, 12-4-07; Ord. No. 00-375, § 9, 10-3-00. Code 2001 § 22-32.2.) 19.15.090 Complete compliance required. (1) Generally- �� ' , aAn appiicant must comply with all aspects, including conditions and restrictions, of an approval granted under this titte in order to do everything authorized by that approval. ( �Requests for chanqes or modifications to an approved site that has been approved throuqh Use Process I- IV shall be processed in accordance with section 19.15. 030 (1-4). (3) A request to modifv a Process (— IV approval an apqroved site plan or a condition of approval for a proposal that has been approved throuqh Process I- IV must be submitted in writinq to the Director of Communitv and Economic Development and/or the Hearin Examiner based upon the level of the underlvin approved use process review. The Director and/or Hearing Examiner shall have the discretion to approve those requests that are consistent with Citv codes. The Director or Hearinq Examiner may require notice to pa�ties of record and/or adiacent property owners as deemed •� appropriate. Any requests to the Hearing Examiner must be submitted through the Department of Community and Economic Development. , . , ; (Ord. No. 09-594, § 22, 1-6-09. Code 2001 § 22-38:) 19.30.090 Nonconforming development. (1) If any aspect, structure, improvement or development does not conform to the development regulations prescribed in this title, that aspect, structure, improvement or development must be brought into conformance or otherwise improved as set forth below. , ��G�G7Tf�'G I � r .�� • �nTTi7 GTrT' f EX�!�� 58 PAGE.._.__�__0�_� Draft 3-27-2012 (c) Increase in gross floor area. If an applicant proposes to increase the gross floor area of any use on the subject property in any one of the following ways, the applicant shall comply with the development regulations in effect at the time of the proposal, as specified below: , (i) If expansion of gross floor area of an existing building occurs either through addition of new floors within the structure or enlargement of the existing building footprint, the applicant shall comply with all development regulations in effect at the time the expansion is proposed. If the property on which the expansion is proposed is occupied by multiple tenants or uses, the applicant shall comply with those devetopment regulations applicable to the geographic portion of the site on which the expansion is proposed; or (ii) If a new and separate structure is being constructed on an already developed site, the applicant shall comply with all development regulations applicable to the geographic portion of the site on which the new structure and any related improvements are to be constructed; or (iii) If the increase in gross floor area involves an existing single-family residential dwelling, the applicant shall comply with the development regulations in effect at the time of the proposal. For single-family residences, existing nonconformities may remain and continue so long as the existing nonconformities are not being increased or expanded in any way. New construction or renovation which involves the se r - 'ts/�tru�trn��Q�e ��a applicable requirements of this Code including but not limited to provisions related to critical areas (FWRC Title 19, Division �, off-street parking (Chapter 19.130 FV1/RC), improvements (Chapter 19.135 FWRC), and landscaping (Chapter 19.125 FWRC). (iv) If the increase in gross floor area involves an existing single-story building in the city center that is nonconforming as to the ground floor size limits established in Chapter 9 9.225 FWRC, the existing building footprint shall not be enlarged, except the director may approve minor additions such as entry structures, lobbies, seating or dining areas, bay windows, and similar features; provided, that such addition(s) shall not exceed 1,000 square feet per building in any one consecutive 12- month period, and shall not increase the extent of any other nonconformance. (d) Abandonment. If an applicant proposes any work, including tenant improvements, on property that has been abandoned, the applicant shall comply with all development regulations applicable to the subject prope�ty, to the extent physically or technically practicable on the site. (e) The use conducted on the subject property has ceased for more than one year, in which case the applicant shall repair and/or restore the improvements on the site (e.g., drainage, landscaping, curbing, parking, parking lot landscaping, etc.) to a condition as near as physically possible to the condition required by the requirements of approval of the existing development. (fl The applicant is making any alteration or changes or doing any work, other than normal maintenance, tenant improvements, or minor additions noted in subsection (1)(c)(iv) of this section, in any one consecutive 12-month period to an improvement that is nonconforming and the fair market value of the alteration, change or other work � �X u � " �"�' � rR ' � 5 59 PpGE_.��___��--�-- Draft 3-27-201Z exceeds 50 percent of the assessed or appraised value of that improvement. The appraisal must be from a state-certified real estate appraiser. In the event this subsection is triggered with respect to a single-tenant or single-occupant site, the applicant shall meet all development regulations applicable to the property. In the event this subsection is triggered with respect to a site occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the alteration, change or improvement is proposed. For purposes of this determining value under this section, improvements required pursuant to this section (nonconforming development), FWRC 19.30.110 (when public improvements must be installed), 19.30.120 (nonconforming water quality improvements) and 19.135.030 (when public improvements must be installed) shall not be counted towards the 50 percent threshold which would trigger application of this subsection. (2) This section does not govern application of Chapter 19.'t 15 FWRC, Community Design Guidelines; application of Chapter 19.115 fWRC is governed by FWRC 19.115.010 through 19.115.100, as amended. This section afso does not govern application of development regulations relating to water quality, signs, or street/sidewalk improvements application of those development regulations is governed by FWRC 19.30.10�, 19.30.110, 19.30.120 and 19.135.020, all as amended. (Ord. No. 10-652, § 7, 4-6-10; Ord. No. 06-515, § 3, 2-07-06; Ord. No. 04-468, § 3, 19- 16-04; Ord. No. 02-420, § 3, 7-2-02; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 92-144, § 3(165.35(4)), 6-16-92; Ord. No. 92-135, § 3(165.35(4)), 4-21-92; Ord. No. 91-113, ---§-� . , - - r-ef��e=� �� - Cross references: Off-street parking regulations, Chapter 19.130 FVVRC; zoning district regulations, FWRC Title 19, Division VI; planned unit developments, Chapter 19.25Q FWRC. K:\2012 Code Amendments\Change of Use\Planning Commission\cou text 3-22. w-o track changes.docx �X{�� 6o PAGE ..�..t3�� CITY OF FEDERAL WAY PLANNING COMMISSION Apri14, 2012 City Hall 7:00 p.m. Counc Cha mbers MEETING MINUTES Commissioners present: Merle Pfeifer, Tom Medhurst, Wayne Carlson, Lawson Bronson, and Saxady Long. Commissioners absent: Hope Elder and Tim O'Neil (excused). Staff present: Planning Manager Isaac Conlen, Contract Planner Jim Harris, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Darlene LeMaster. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of March 7, 2012, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Planning Manager Conlen stated the second meeting of April (April 18) has been canceled. COMMISSION BUSINESS PUBLIC HEARING — Proposed zoning code amendments related to change of use and nonconforming development standards, and review process for minor improvements and improvements to developed sites. Contract Planner Harris delivered the staff report. These are business friendly amendments. The proposed amendments are to several sections of the zoning code and can be as follows: — Modify the review process for minor exterior building modifications; — Modify the review process for improvements to cleveloped sites; — Modify the review process for change of use; — Eliminate a section of the nonconformance standards that require site upgrades when there is a change of use; and — Amendments to zoning use charts related to change of use. Commissioner Medhurst asked how minor improvements (as opposed to substantial improvements) are defined. He understands that it will be done by square footage, but are there other criteria, such as impact, dollars spent, etc. Contract Planner Harris stated that in Exhibit A, page 3 of 6, minor improvement is defined by gross floor area. Commissioner Medhurst is concerned that a developer could spend a lot of money and make substantial improvements within the required goss floor area for a minor improvement. Contract Planner Harris noted that an additional criterion for a minor improvement is that it must be exempt from SEPA requirements. Commissioner Medhurst's example may not be exempt from SEPA requirements and therefore, would not meet the definition of a minor improvement. �XH��T�..�_.,� K:\PlanningCommission�2011\MeetingSummary04-04-12.doc 61 PAGE ,...L� �� Planning Commission Minutes Page 2 Apri14, 2012 Commissioner Medhurst asked if a tenant moves into a multi-tenant building and over the years takes over almost all, or all, of the building, would that trigger improvements, or would they be exempt under the proposed code amendment. Planning Manager Conlen replied that if it is not a change of use, they would not need to do anything. If it is a change of use, it would trigger the city's review process. The proposed process to determine if a tenant is a change of use would take place during the business registration process (since there ts no building or land use permit requirement). If it is determined to be a change of use, land use review would be triggered. Otherwise, no additional review would be required. The current process requires a land use review (with commensurate fees) in order to determine if it is a change of use. The proposed process will take less time and cost. There was discussion about SEPA categorical exemptions and how they relate to the proposed code amendments. There was also discussion of how change of use is dealt with differently from a traffic trip generation perspective. This is addressed in a different section of the code. Commissioner Bronson asked what type of substantial improvements to a site would require land use review process III or IV. Contract Planner Harris replied that a substantial improvement is any improvement above the 25% or 2,000 square feet of gross floor area. It is the use that triggers the land use process required. Some uses have more impact, such as a gravel batch plant, and therefore are required to go through a more intense land use review of process III or N. The hearing was opened for public comment. Sam Pace, Seattle/King County Realtors — He feels the proposed amendments are an important step in the right direction. He is encouraged by the effort to simplify the process. The current process is more subjective than objective. With the proposed amendments, one must still meet requirements for parking, setbacks, etc. He believes the proposed amendments strike a good balance. He feels that with the current economic environment, it is important the city is able to concentrate its time and resources on what is most important. The proposed amendments will allow the city to take issues that are relatively minor, treat them as minor, and still maintain needed protections. The proposed amendments will create predictability for the private sector and will save them money. This is likely to encourage investors to make more investments in the city. Public comment was closed. Commissioner Carlson moved (and it was secondec� to recommend approval of the proposed code amendments as supplemented by the new Exhibit B and presented by staff. There was no further discussion. The motion passed unanimously. The public hearing was closed. ADDITIONAL BUSINESS None ADJOURN Chair Pfeifer adjourned the meeting at 7:06 p.m. EXI��T 3 K:\Planning Commission�201 I1Meeting Summary 04-04-12.doc 62 PAGE.�OF_,.� COUNCIL MEETiNG DATE: May ]_5, 2012 iTF,M #: SUB.TEC`r: Zoning Compliance Review Fee POLICY QUESTION Should the City Council approve the proposed zoning compliance review fee for a change of use? CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL COMMITTEE: Land Use/Transportation Committee CATEGORY: X Consent ❑ City Council Business � ■ Ordinance Resolution STAFF REPORT BY: Contract Planner Jim Harris MEETING DATE May 7 , 2012 ❑ Public Hearing ❑ Other DEr'[': Community & Economic Development Summary: The Community and Economic Development Department is recommending the addition of a new review fee, to determine compliance when a change of use occurs. This new fee would be collected when a tenant improvement application and/or new business license application is submitted to the City. Under current code, the City requires payment of the applicable land use review fee which is typically a Process II fee of $2,059.50 when there is a change of use. The current change of use fee and review pr-ocess is overkill, but the City does need to charge a. minimal fee to cover the cost of conducting this necessar� : review. The proposed fee for zoning compliance review is $ 148.00. Options Considered: 1) Approve the proposed fee for a zoning compliance review and authorize the Finance Director to amend the City's fee schedule to effectuate the proposed zoning compliance review fee. 2) Do not approve the proposed_fee an�rovide directions to staff__ __ �_�___�,___ �__�__ MAYOR'S RECOMMENDA7'ION: Option number 1 MAYOR APPROVAL: __C��a� DIRECTOR APPROVAL: � omm ee Council ommittee Council COMMITTEE RECOMMENDATION 1 move to forward the proposed fee for zoning compliance review to the June S 2012 consent agenda for approval and authorize the Finance Director to amend the City's fee schedule to ef�j`'ectuate the proposed new fee for zoning compliance review. Bob Celski, Committee Chair Jeanne Burbidge, Committ Member Susan Honda, Committee Member PROPOSED COUNCIL MOTION(S): (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DEHIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDWANCE # REVISED— OS/12l2010 RESOLUTION tt 63 COUNCIL MEETING DATE: May 15, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL MEETING DATE May 7 , 2012 SuB.TECr: 2012 Planning Commission and Long Range Planning Work Program POLICY QUESTION How should the 2012 Planning Commission Work Program be prioritized? COMMITTEE Land Use/Transportation Committee (LUTC) CATEGORY: � Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Margaret H. Clark Principal Planner Attachments: February 27, 2012, Staff Report to the Planning Commission; Exhibit A-1 — Modified per LUTC Direction. Background: During the first part of each calendar year, the Planning Commission's work program for that year is approved by the City Council. The Planning Commission's work program consists of reviewing and making recommendations to the LUTC and City Council on comprehensive plan amendments that are docketed and selected for further review, and zoning code amendments that are prioritized for review by the LUTC and City Council. Stat� presented a potential work program to the Planning Commission on February 27, 2012. The proposed work program was presented to the LUTC on Apri19, 2012 and the LUTC requested that some items be reprioritized. Options Considered: 1) Approve the Modified Work Plan; 2) Further modify the Work Plan MAYOR'S RECOMMENDATION Approval of the 2012 Planning Commission Work Program as modified by the LUTC and outlined in Exhibit A-1. � MAYOR APPROVAL: ❑ Public Hearing ❑ Other ITEM #: DEr'r: Community & Economic Development COliriCll DIItECTOR APPROVAL: C011l1C11 COMMITTEE RECOMMENDATION I move to forward the Mayor's recommendation to the May 15, 2012, City Council meeting for approval. Bob Celski, Chair Jeanne Burbidge, Member Susan Honda, Member PROPOSED COUNCII. MOTION "I move approval of the LUTC's recommendation to approve the 2012 Planning Commission Work Program, which is attached as Exhibit A-1. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 08/12/2010 K:�2012 Planning Commission Work ProgamlLUTC�Agenda Bill.doc Enactment reading ORDINANCE # RESOLUTION # 64 � Changes are shown as �e-e�� (moved from one priority category or deleted) and underline (added to another priority category) � CITY OF Federal V�/ay STAFF REPORT TO THE PLANNING COMMISSION DATE: February 27, 2d12 To: Merle Pfeifer, Chair Planning Commission FROM Patrick Doherty, Director of Community and Economic Development Margaret H. Clark, AICP, Principal Planner SUBJECT 2012 Planning Commission and Long R�nge Plt�nning Work Program • MEETING DATE March 7, 2012 A. BACKGROUND At the beginning of each calendar year, the Planning Commission's Work Program for that yeaz is approved by the City Council. The purpose of this memorandum is to update the Planning Commission as to the status of the 2011 Work Program and to get input from the Planning Commission on potential new work items for 2012. The Planning Commission's input, as well as information in this memorandum, will be used to assist the Land Use/Transportation Committee (LUTC) and City Council in appmving a work program for 2012. This memorandum includes the following information: . • Section B — Completed iterns • Section C— Status of items started in 2011 to be carried over into 2012 (code amendments only) • Section D— 2012 Code Amendment Requests • Section E— 2011 and 2012 Annual Comprehensive Plan Update • Section �— 2015 Nviajor Comprehensive Plan Update • Section G— Other Long Range Planning Responsibilities. This is a list of other long range planning responsibilities that are not part of the Planning Commission Work Program but are required to be done by long ran�e planning staff. • Section H— Potential Planning Commission Work Program/Staff Recommendation. This includes work such as monitoring and reporting and the annual comprehensive plan amendments which must be done. It also includes a prioritized list of potential code amendments. 65 • Section I — Next Steps B. COMPLETED ITEMS • Amendments related to keeping chickens and ducks (2011) • Amendments related to portable signs in the right-of-way (2011) • Amendments related to allowing animal kennels and animal caze facilities in the Neighborhood Business (BN} Zone (2011) • Amendments related to seating capacity of restaurants in the Office Pazk (OP) Zone (2011) • Shoreline Master Progcam (2011) • Amendments related to accessory uses and convention centers in the Oi'f ce Pazk (OP) Zone (2011) • Amendments related to SEPA Exemptions in Critical Areas (2011) • Amendments related to High Profile Signs (2012) • Amendments related to Wall Mounted Banners (2012) • Amendments related to Temporary Uses (2012) • Bicycle and Pedestrian Master Plan (2012) (to be included in the 2012 comprehensive plan update) • Sub-Area Plan for the Twin Lakes Commercial District (2022) • Policies for healthy eating and increased access to health foods (anticipated to be approved March 6, 2012) (To be included in the 2012 comprehensive plan update) • Banner Signs in the right-of-way for city-sponsored civic and community events (anticipated to be completed Mazch 6, 2012. City Council requested that staffprepare this code amendment in their January 28, 2012, Council Retreat) C. STATUS OF ITEMS TO BE CARRIED OVER INTO 2012 (CODE AMENDMENTS ONLY) Description Status Clarify process for additions to developed sites and change of use. Delete Work has commenced the requirement for Process I Review for developed sites when a building permit application is also under review. Expand exemptions to the review processes, such as external improvements that are not visibte off-site. Increase the maximum allowable building height and amend requirements In research stage for open-space set-aside in the City-Center Core (CGC) zoning district Specify parking ratios for all uses. In research stage Adopt a more streamlined process for binding site plans. In reseazch stage Stteam line review processes to make variances and critical area Not started exemptions administrative approvals and reduce the number of required processes. Broaden uses and standardize bulk and dimensionat requirements by Not started zone. Reduce or eliminate front yard setbacks in commercial zones. Evaluate Not statted appropriate side and rear setbacks and landscape buffers for adjacent commerciat uses. Planning Commission Staff Report Meering Date: March 7, 2012 2012 Planning Commission and Long Range Pianning Work Program p� 2 66 Description Status Consider incentives for development projects such as flexible road I Not started standazds and increased density. D. 2012 COnE AMENDMENrs REQi1ES'rs The Federal Way Revised Code (FWRC) requires the City to accept applications for code amendments on an annual basis. The city received the followin� citizen-initiated code amendments for the 2012 amendment cycle: File No. 12-100516-00-AD — Request from Safely.Senior for a code amendment to allow senior housing/assisted living in the Professional Office (PO) Zone. E. 2Q11 arm 2012 ArnvUai. Co�x��xs�[vE Pr,atv A�rmMErrrs The FWRC requires the city to accept applications for amendments to the comprehensive plan on an annual basis. The city received three requests in September 2011 for the 2012 amendment cycle. 1. Requests Received in 2011 (i) File No. 11-103859-UP — Request from Edward Hoit for a comprehensive plan amendment and rezone of 1.82 acres (parcel 112103-9131) located to the west of Dumas Bay Park from Single Family Low and Suburban Estates (SE, one unit per five acres) to Single Family Medium Density and RS 2 5.0 (Single Family, one unit per 15,000 square feet). (ii) Request from Eric Hildebrandt for a comprehensive plan amendment and rezone of 1.18 acres (parce1292104-9071) located at 1320 South 359`� Street from Single Family Medium Density and RS 15.0 (Single Family, one unit per 15,000 square feet) to Multi- Family and RM 2400 (Multi-Family, one unit per 2,400 square feet). (iii) Request from Mark Barrett for a comprehensive plan amendment and rezone of 0.35 acres (pazce1785360-0008) located at I836 South 308�' Street &om Single Family High Density and RS 7.2 (Single Family, one unit per 7,200 square feet) to Multi-Family and RM 3604 (Mutti-Family, one unit per 3,600 square feet). 2. Request Received in 2010 The following request was received in 2010 and has already been selected by the city council for further review. StafF is in the process of working with the applicant on moving it fora+ard to the environmental analysis stage. Staffproposes that this request be combined with the requests received in 2011 for further processing, File 10-104109-UP — Request from Joe Kunkel of The Healthcare Collaborative Group on behalf af St. Francis Hospital for a comprehensive plan amendment to remove the planned P(anning Comroission Staff Report Meeting Date: March 7, Z012 20[2 P(anning Commission and Long Range P[anning Work Progam Page 3 67 principal collector shown on Map III-5 of the Federal Way Comprehensive Plan (FWCP}. This planned street extends from 9`� Avenue South on the east along the north boundary of the hospital campus to connect to l Way South on the west, just north of the Federal Way Regional Library. F. 2015 MAJOR COMPREHENSIVE PLAN UPDATE Pursuant to RC W 36.70A. l 30(4)(a), "Comprehensive plans — Review procedures and schedules — Amendments," the City of Federal Way, along with King County and its cities, must take action every seven years to review and if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the Growth Management Act (GMA). The Legislature has extended this deadline from December 1, ZO11, to December 1, 2015. Staffwill be iniriating work on the major comprehensive update during this calendaz yeaz. G. QTHER LONG RANGE PLANNING RESPONSIBILTfIES The following describes reporting or monitoring work required by the state, county, or other agencies. This is part of the Long Range Division Work Program, but not part of the Planning Commission Work Program: . • Prepare an annual report on building permit and other housing-related data to the Washington Office of Financial Management, which is used to determine the population of the City as of April 1� of each year. • Prepaze an annual report on the number of building pennits broken out by type and achieved densities of all residential development and floor azea ratios of non-residential development to King County to be used for the King County Benchmark and Annual Growth Information Reports, the Buildable Lands Report, and annual reports prepared by the Puget Sound Regional Council (PSRC). • Provide information on an annual basis to King County on affordable housing, acres of parkland, Urban Center activity, and miles of streets to be used as benchmarks in measuring how the city is meeting the requirements of the Growth Management Act (GMA). This inforn►ation is also included in the King County Benchmark and Annual Growth Information Report. • Provide information on an annual basis on subdivision activity to King County. • Respond to surveys from University of Washington, PSRC, and other institutions. • Work on a city interdepartmental team to prepare a capacity analysis for residential units and employment and coordinate population projections and land use allocations for the city and its related Transportation and Analysis Zones (TAZ's). • Review proposed amendments to the King County Countywide Planning Policies and provide information to the city council for their feedback. Planning Commission Staff Report Mee6ng Date: Match 7, 2012 2012 Planning Commission and Long Rartge Ptanning Work Program P � 4 68 H. POTENTIAL 2011 PLANNING COMMISSION WORK PROGRAM/STAFF RECOMMENDATION The long range planning staff ►s comprised of 1.5 Full Time Equivalents (FTE). In the past, current planning staffhas assisted the ]ong range division based on their capacity and depending on the level of developmenC activity. The current planning staff level was reduced from 3.5 FTE's to 2.5 FTE's in the tast budget cycle, so it is unlikely that current planning staff will have the capacity to assist with long range planning this year. Based on past experience, the majority of the long range planning staffs time is expected to be spent on the annual comprehensive plan update process and reporting and monitoring work required by state law. Staffrecommends the following Ptanning Cammission Work Prograxn. However, it is probable, given staff resources that sorne items may have to be carried over to the 2013 Work Program. , . The potential Work Program is organized as follows: MA1vDATORY—Andcipated to be completed in 2012 • Complete the 2011 and 2012 Comprehensive Plan Update. • Monitoring and Reporting — Includes Report to the Office of Financial Management; Buildable Lands Report; and Report to the Puget Sound Regional Council (PSRC}. • Start the 2015 Major Comprehensive Plan Update (not required but recommended to be started this yeaz). NoTMA1vDA7'o1eY— Organized by High, Mediurn, and Low Priority High Prtority � Clarify process for additions to developed sites and change of use. Delete the requirement for Process I Review for developed sites when a building permit application is also under review. Expand exemptions to the review processes, such as external improvements that are not visible off-site. • Increase the maximum allowable buildin� height and amend requirements for open-space set- aside in the City-Center Core (CC-C) zoning district. • Stream line review processes to make variances and critical area exemptions administrative approvals and reduce the number of required processes. • Specify pazking ratios for all uses. Medium Priority • Reduce or eliminate front yard setbacks in commercial zones. Evaluate appropriate side and rear setbacks and landseape buffers for adjacent commercial uses. Planning Commission Staff Report Meeting Date:lvta*ah 7, 2012 2012 PEanning Commission and Long Range Pianning Work Prog�am p � 5 69 • Adopt a cnore streamlined process for binding site plans. • Adopt zoning regulations for the Twin Lakes Commercial Sub-Area. • Adopt regulations for Community Gardens and Urban Agriculture. Low Priority • Broaden uses and standardize bulk and dimensional requirements by zone. • Consider incentives for development projects, such as flexible road standards and increased density. • Allow oversize vehicles in approved enclosures in residential zones. • Adopt regulations to inspect rental housing on a yearly basis. • Housekeeping amendments. I. NEXT STEPS Staff will add the Planning Commission's recommended comprehensive plan and code amendments to the list of potential amendments and provide a priorirized list to the LUTC, which may further refine the list before council consideration. Planning Commission Staff Report Meeting Date: March 7, 2012 2012 Planning Commission and Long Range Planning Work Program Page 6 70 EXHIBIT A-1 Planning Commission Work Program 1. Mandatory — Anticipated to be completed in 2012 • Complete the annual comprehensive plan update. (Combine requests received in 2010 [St Francis] and those received in 2011 [Hoit, Hildebrandt, and Barrett if selected for further review by the City Council].) • Complete the citizen-initiated request for a code amendment to allow senior housing/assisted living in the Professional Office (PO) Zone, if selected for further review by the City Council. 2. Not Mandatory — Organized by High, Medium, and Low Priority High Priority • Clarify process for additions to developed sites and change of use. Delete the requirement for Process I Review for developed sites when a building permit application is also under review. Expand exemptions to the review processes, such as external improvements that are not visible off-site (in process). • Adopt a more streamlined process for bindin�site plans. . �aAmend requirements for open-space set- aside in the City-Center Core (CGC) zoning district. • Stream�line review processes to make variances and critical area exemptions administrative approvals and reduce the number of required processes. • Specify parking ratios for all uses. Medium Priority • Increase the maximum allowable building height in the Cit,�Center Core (CGC) zonin� district. • Reduce or eliminate front yard setbacks in commercial zones. Evaluate appropriate side and rear setbacks and landscape buffers for adjacent commercial uses. • Consider incentives for development projects such as flexible road standards and increased densi • Adopt zoning regulations for the Twin Lakes Commercial Sub-Area. Low Prioriry • Ado,pt re�ulations for Community Gardens and Urban Ag,riculture. • Broaden uses and standardize bulk and dimensional requirements by zone. , • Allow oversize vehicles in approved enclosures in residential zones. • . � • Housekeeping amendments. � This is not under the Planning Commission's purview. 71 K:�2012 Planning Commission Work ProgramU.UTC\050712 Meeting�L,UTC EXHIBIT A-l.doc