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Council PKT 05-15-2012 Regular� �Federal Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall May 15, 2012 7:00 p.m. www. cityoffederalway. com 1. CA�L MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Municipal Court Student Art Contest Winners b. Certificates of Appointment: North Lake Management District c. Proclamation: City Staff Donations to the Human Services ...paye 3 d. Proclamation: Police Commander Kyle Sumpter ...page a e. Mayor's Emerging Issues 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come fonvard to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals or are othenvise inappropriate. 5. CONSENT AG'ENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval. All items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: May 1, 2012 Special and Regular Meetings ...paqe s b. 2012 Planning Commission and Long Range Planning Work Program ... page 12 c. S. 320 Street at 20' Ave. S. Intersection Improvement Project — 30% Design Status Report ...page 21 d. 2012-2013 Department of Ecology Capacity Grant - Additional Funding ... page 23 e. Proposed Zoning Compliance Review Fee ...page 2s f. Use of Capital Reserves to Replace a Chemical Controller ...page 2� g. Sacajawea Soccer Field Renovation ...paqe 2s h. Amend Arts Commission Work Plan ...page 3� The Council may add items and take action on items not listed on the agenda. 6. COUNCIL BUSINESS a. Parks and Recreation Commission Appointments ...page 34 b. West Hylebos Conservation Property Acquisition ...paye 35 c. 2012-2013 Funding for the "Jobs for South Sound Business Incubator" ...page 39 7. ORDINANCES First Reading: a. GB#fi05 Amendinq FWRC Relatinq to Review Processes for Minor Exterior Building Modifications Improvements to Developed Sites and Chanqe of Use. ...page 59 An ordinance of the City of Federal Way, Washington, relating to review processes for minor exteriorbuilding modifications, improvements to developed sites, and change ofuse; 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 8. COUNCIL REPORTS 9. MAYOR'S REPORT 10. EXECUTIVE SESSION Potential Litigation pursuant to RCW 42.30.110(1)(i) 11. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. � CITY OF � Federal Way PROCLAMATION "City Employees' Human Services Fundraising Drive" WHEREAS, the employees of the City of Federal Way hold an annual fundraising effort to raise money foi the United Way of King and Pierce Counties and the Federal Human Services Fund; and WHEItEAS, Git3 employees oi bakes sales, l�realcfasts, `'Taste of Tuesclays," latte stands, a chili teed and an auction to raise fiinds; and WHEREAS, employees raised a total of $6,48s during October-November 2011 for the Federal Way Human Services Fund; and WHEREAS, the money raised by City empioyees was recoinmended by the Human Services Commission and approved by the City Council to be allocated to St. Vincent de Paul Emergency Human Services and to Reach Out Women's Homeless Shelter to aid lo��v-income Federal Way residents; NOW, THEREFORE, we, the undersigned �Iayor and City Council of the City of F� ederal Way, do hereby recognize the einployees of the t;ity fi>i their generous donations e��hich will mal;.e a dif�'erence in the lives of those less fortunate resideats of Federal Way. SIGNED this 15th day ofMay, 2012 FEDERA�L WAY CITY COUNCIL Skip Priest, Mayor Jeanne Burbidge, Councilmember Linda Kochmar, Councilmember Jim Ferrell, Deputy iLfayor Bo6 Celski, Councilmember Susan Honda, Councilmember Dini Duclos, Counci/member Roger Freeman, Councilmember CITY OF � Federal Wa .�►...� v PROCLAMA TION Kyle Sumpter, Federal Wa�s "Top Shot" WHEREAS, Commander Kyle Sum��ter has served the Federal Way Police Department for 16 years, and recently competed on the television show, "Top Shot°; and WHEREAS, he is a founding member of, and served as commander of the combined regional SWAT Team for seven yea► and was recently selected by liis peei to serve as commander of the combined i tasl. force that investigates of�icer-involved shootings; and VWHEREAS, Commander Sumpter has excelled in competitive shooting for the past ls years and is a two-time state champion in defensive handgun shooting; and WHEREAS, Commander 5umpter recently competed on Season Four of Top Shot, a television program on the History Channel that showcases competitive shooting and marksmanship; and WHEREAS, Commander Sumptei represented the City of Federal Way proudly on national television, displaying the marksmanship and leadership sl:ills, physical fitness and personal character that has made him an outstanding police ofiicer over his 22-year career; and NOVV, TH:EREFORE, «�e, tl�e t,r�ae►-S�� Iavor anci City Council of the City of Federal L'��ay do hereby recognize Cotnrnander Kyle Siunpter for his many contribi�tions to puhlic safety in the C�ity of Federal �Vay, anel for representin� his city ��itl� distinction and character on Season I� oiu• of Top Shot. SIGNED this 15th day of May, 2012 FEDERA� WA Y CITY COUNCIL Skip Priest, Maya• Jeanne Burbidge, Councilmember Dini Duelos, Councilmembe�• Jim Ferrell, Depr�ty ri�layor Bob Celski, Counci/menrber Roger Freeman, Coa�ncilmember Susan Honda, Councilmembei• Linda Kochmar, Cot+ncilmember COUNCIL MEETING DATE: May 15, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: SUBJECT CITY COUNCIL MEETING MINUTES POLICY QUESTION Should the City Council approve the draft minutes of the May l, 2012 Council Special and Regular Meetings? COMMITTEE: N/A CATEGORY: � Consent ❑ City Council Business A � Ordinance Resolution MEETING DATE: N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeilly City Clerk DEPT: Human Resources Attachments: Draft minutes from the May l, 2012 City Council Special and Regular meetings. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION Staff recommends approving the minutes as presented. CITY CLERK APPROVAL: N/fl � DIRECTOR APPROVAL: Committee Council N/fl N/fl Committee Council COMMITTEE RECOMMENDATION: N/f1 PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINZITES, AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # � DENIED i reading � TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances onlyJ ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF � Federal Way MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hatl May 1, 2012 5:30 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 5:30 pm. Elected officials present: Mayor Skip Priest, Councilmember Linda Kochmar, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski, Councilmember Roger Freeman and Councilmember Dini Duclos. Mayor Priest excused Deputy Mayor Jim Ferrell. City Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. EXECUTIVE SESSION The City Council and City Attorney adjourned to executive session at 5:30 pm to discuss evaluation of a public employee pursuant to RCW 42.30.110(1)(g) for approximately one hour. The City Council adjourned from executive session at 6:10 pm. 3. ADJOURNMENT Mayor Priest adjourned the meeting at 6:10 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — May 1, 2012 Special Meeting Page 1 of I � �Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall May 1, 2012 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:00 pm. Elected officials present: Mayor Skip Priest, Councilmember Linda Kochmar, Councilmember Susan Honda, Councilmember Jeanne Burbidge, Councilmember Bob Celski, Councilmember Roger Freeman and Councilmember Dini Duclos. Mayor Priest excused Deputy Mayor Jim Ferrell. City Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLfDGE OF ALLEGIANCE Dick Mayer led the PJedge of Allegiance. 3. PRESENTATIONS Mayor Priest referred to the photograph on the chambers screen, and reminded everyone that the 2012 Buds and Blooms Spring Garden Tour is May 12-13, 2012. The event focuses on five gardens; PowellsWood, the Rhododendron Species Qotanical Garden, Weyerhaeuser Pacific Rim Bonsai collection and the finro Federal Way Symphony "Sweet" and "Savory" private gardens. For full event details and advance tickets visit www.budsandbloomstour.orq. a. Volunteer Spotliqht: Relav for Life Mayor Priest stated this month's Volunteer Spotlight focuses on the Relay for Life Event. This is an annual event to raise funds and awareness for the fight against cancer, to recognize those who are fighting cancer and to remember those loved ones we have lost. Councilmember Burbidge read the proclamation declaring June 1 and June 2, 2012 as Relay for Life Day's in the City of Federal Way and presented the proclamation to Relay for Life representatives Erika Skeen, Theresa Raleigh, Jessica Sire and Dick Mayer. Erika Skeen shared a video that highlighted the Relay for Life event. Erika Skeen, this year's Relay for Life event chairperson thanked the Council for recognizing the event and shared her inspiration for being involved with Relay for Life. She extended an invitation to everyone to attend the event which starts June 1 S ' at 6:00 pm at Saghalie Middle School. Theresa Raleigh, last year's event chair thanked the Councilmembers for their past involvement with this event. City Council Minutes — May 1, 2012 Regular Meeting Page 1 of 5 b. Proclamation: National Day of Prayer Councilmember Freeman read the proclamation into the record and declared May 3, 2012 as the National Day of Prayer in the City of Federal Way. He then presented the proclamation to National Day of Prayer representatives Bob "Coach" Roach and Chris Hoffman-Fagundes. Mr. Roach stated the first annual Prayer Breakfast occurred sixteen years ago. He reviewed the topics for this year's Prayer Breakfast which will occur on May 3, 2012 at 7:00 am at the Commons Mall. Ms. Hoffman-Fagundes thanked the Council for the recognition and invited everyone to attend this year's Prayer Breakfast. c. Proclamation: Puqet Sound Starts Here Month Councilmember Honda read the proclamation into the record declaring May as Puget Sound Starts Here month in the City of Federal Way and presented it to Water Quality Specialist Hollie Shilley. Ms. Shilley thanked the Council for the recognition and summarized the activities and events associated with Puget Sound Starts Here month. She shared a video that highlighted the last week's salmon release event at the West Hylebos Wetlands Park. Ms. Shilley also provided information on the educational program "Storming the Sound with Salmon", a partnership program between the City of Federal Way, the Federal Way School District and the Department of Ecology. The program introduces storm water education into the public schools science curriculum. Mayor Priest thanked the Surface Water Management staff for their work, which prevents flooding, protects water quality and streams in Federal Way that have wild salmon. d. Tacoma-Pierce Countv Humane Societv Kathleen Olson, Executive Director of the Tacoma-Pierce County Humane Society distributed information regarding the Humane Society's activities as well as their 2012 annual report to the Council. The Humane Society has been serving communities since the 1920's. Their goal is to return pets that have strayed to the owners and find homes for unclaimed, adoptable animals that are brought to the shelter. She reviewed the programs that are offered by the Humane Society such a low cost spay and neuter, senior citizen cat adoption program and Pets for Patriots which matches adult dogs with veterans. Federal Way joint ventured with the Humane Society in July 2010. 422 animals were received from Federal Way in 2010. 135 of those were adopted, 51 were returned to their owners and 159 had to be euthanized due to medical and behavioral issues. In 2011 they received 825 animals from Federal Way. 90 of those animals were reunited with their owners, 312 were adopted and 66 were placed in foster homes. The city reimburses them $80 per animal that is brought them. Federal Way citizens adopted 108 pets in 2010 and 216 in 2011, and 59 so far this year. The city pays the Humane Society $80 per stray that is brought to the shelter. Actual costs are subsidized with fees for services and fur�draising. Strays are held for 5-days before becoming available for adoption. Ms. Olson reviewed the fees to citizens for surrendering pets and reclaiming pets. The shelter has increased their offsite adoption centers as well as conduct monthly adoption events. e. Certificate of Appointment: Arts Commission Councilmember Honda presented Cathy Mason with a Certificate of Appointment. The City Council appointed Ms. Mason as a voting member to the Arts Commission at their April 17, 2012 meeting. City Council Minutes — May 1, 2012 Regular Meeting Page 2 of S f. Mayor's Emerqinq Issues Mayor Priest stated there were no emerging issues. 4. CITIZEN COMMENT Nancv Combs wished everyone a happy May Day and stated she plans on participating in the Relay for Life event. She spoke to the importance of helping out your neighbor and asked the Council to arrange an event where she and other residents can help clean up a property in need. She asked for an update on the traffic counters that were installed at the intersection of 304 and 21 St Ave. Parks and Public Works Director Cary Roe stated he received a draft report from the traffic count analysis and will be presenting the results of the study to Council at their May 15 or June 4 meeting. Diana Noble-Gulliford spoke on behalf of the Federal Way Historical Society. May is National Presentation month and this year's theme is Discover Americas Hidden Gems. Federal Way has many historical gems. One of them, the David T. Denny Cabin will be celebrated on May 12 with a ribbon cutting ceremony starting at 12:00 pm. They will be celebrating the renovation of this landmark. Ms. Noble-Gulliford invited everyone to join the event. Michael Dziak spoke in support of approving the Federal Way Farmers Market funding request for a fun run (agenda item 6b). Jaeven Luft spoke in support,of approving the Federal Way Farmers Market funding request (agenda item 6b). 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval. All items are enacted by one motion. lndividua! items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: April 17, 2012 Regular Meeting b. Monthly Financial Report — March 2012 c. Vouchers d. Spring 2012 Tourism Enhancement Grant Awards e. Banking Services Contract MOTION: Councilmember Duclos moved approval of items 5a through 5e. Councilmember Kochmar second. VOTE: Deputy Mayor Ferrelt Councilmember Kochmar Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember Freeman Councilmember Duclos Motion carried 6-0. Excused Yes Yes Yes Yes Yes Yes City Council Minutes — May 1, 2012 Regular Meeting Page 3 of S Q COUNCIL BUSINESS a. North Lake Manaqement District Appointments MOTION: Councilmember Celski moved to re-appoint Terry Thomas, Charles Gibson, Robin Cook and Samantha Turner to the North Lake Management District, all with terms expiring March 15, 2014. Councilmember Kochmar second. VOTE: Deputy Mayor Ferrell Councilmember Kochmar Councilmember Honda Councilmember Burbidge Councilmember Celski Councilmember freeman Councilmember Duclos Motion carried 6-0. Excused Yes Yes Yes Yes Yes Yes b. Fundinq for the Federal Wav Farmers Market Run/Walk for Health Event Community and Economic Development Director Patrick Doherty stated the Federal Way Farmers Market applied for a Tourism Enhancement Grant for a proposed Farmers Market Run/Walk for Health. After reviewing the grant application it was determined that the Farmers Market did not fit the grant criteria of having a 501(c)3 non-profit status. The Tourism Enhancement Grant sub-committee recommended the Farmers Market seek funding for their event from the Lodging Tax Advisory Committee. The Lodging Tax Advisory Committee reviewed the request at their April 10, 2012 meeting and recommended funding the Farmers Market $10,705. forthe event. Mr. Doherty reviewed the route for the run/walk. Councilmembers' Celski and Honda stated they needed to recuse themselves from this item as they both serve on the Farmers Market Board of Directors. MOTION: Councilmember Duclos moved to approve $10,705 in Lodging Tax funds to be granted to the federal Way farmers Market for its 2011 "Farmers Market RunNValk for Heath" event. Councilmember Kochmar second. VOTE: Deputy Mayor Ferrell Excused Councilmember Kochmar Yes Councilmember Honda Recused Councilmember Burbidge Yes Councilmember Celski Recused Councilmember freeman Yes Councilmember Duclos Yes Motion carried 4-0. 7. COUNCIL REPORTS Councilmember Duclos invited everyone to attend a ribbon cutting event tomorrow (May 2" at City Hall for the unveiling of the new Waste Management compressed natural gas garbage trucks. Councilmember Freeman stated it was an honor to participate in the Relay for Life event last year. He encouraged citizens to participate in this year's event. City Council Minutes — May 1, 2012 Regular Meeting Page 4 of S Councilmember Celski reported the next Land Use, Transportation Committee meeting is May 7, 2012. He reported the 2012 first quarter revenues for the Federal Way Community Center are $27k above the 2011 revenues and thanked Community Center staff for all their great work. Councilmember Burbidge reported the next Lodging Tax Advisory Committee meeting is scheduled for June 12, 2012 at 8:00 am at City Hall. Tomorrow she will be attending a South County Area Transportation Board meeting; which will be a joint meeting with Pierce County. She also encouraged people to attend the Buds and Blooms event on May 12-13 as well as the Denny Cabin ribbon cutting event on May 12, 2012. Centerstage Theater is presenting a production of The Who's Tommy which runs through May 27, 2012. Councilmember Honda reviewed the agenda items for next Tuesdays Parks, Recreation, Human Services and Public Safety Committee meeting. She thanked staff for their work with the Recycle Palooza event last weekend. She announced she has been selected to be on the Suburban Cities Association Emergency Management Advisory Committee as an alternate member. Councilmember Kochmar congratulated Councilmember Honda for her recent Suburban Cities Association appointment. She thanked city staff member Jeanette Brizendine for her efforts with the Recycle Palooza event. She encouraged individuals to attend the Denny Cabin ribbon cutting on May 12, 2012. The Public Issues Committee will be meeting next Wednesday. �8. MAYOR'S REPORT Mayor Priest had no report. 9. fXECUTIVE SESSION . � . . tvn� The Council did not adjourn to executive session. 1D. ADJOURNMENT Mayor Priest adjourned the meeting at 8:20 pm. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — May 1, 2012 Regular Meeting Page S of S COUNCIL MEETING DATE: May 15, 2012 CITY QF FEDERAL WAY CITY COUNCIL AGENDA BILL SusJECr: 2012 Planning Commission and Long Range Planning Work Program POLICY QUESITON How should the 2012 Ptanning Commission Work Program be prioritized? TTEM #:�_ CoMM1TTEE: Land Use/Transportation Committee (LUTC) CATEGORY: � Consent ❑ City Council Business ,�� Ordinance Resolution S'rAFF REPO1tT BY: Margaret H. Clark, Principal Planner MEE'['ING DATE: May 7, 2012 ❑ Public Hearing ❑ Other DEr1': Community & Economic Development Attachmeuts: February 27, 2012, Staff Report to the Planning Commission; Exhibit A-1— Modified per LUTC Direction. Backgroand: 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 aze docketed and selected for further review, and zoning code amendments that are prioritized for review by the LUTC and City Council. Staff presented a potential work program to the Planning Commission on February 27, 2012. The proposed work program was presented to the LUTC on April 9, 2012 and the LLJ'fC requested that some items be reprioritized. Options Considered: 1} Approve the Modified Work Plan; 2) Further modify the Work Plan COMMTI'TEE RECOMMENDATION 1 move to forward the Mayor's recommendation to the May IS, 2012, City Council meetingfor approval.QS Yn.�G�if'iL°G-�, b� �i� L.L{77L, r�p Q�.�(.lj P�'�isv�y� M�uS�DriG �neserva..fi0 fo '�G� � �� ric Pla.y� t 8 �v �ria (�s �X� �'M�,'r A -1'� ) ' � � ��w�o�- Bob Celski, Chau Jeanne Burbidge`, Memb � Susan Honda. Member PROPOSED CO[1NCIL MOTION "1 move approval of the LUTC's recommendation to approve the 2012 Planning Commission Work Program, which is attached as Exhibit A-1 j. (BELOW TO BE COMPLETED BY CITYCLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READll�TG (ordinances only) REVISED — 08/12/2010 K:�2012 Planning Commission Work ProgamlLUTC�Agenda BilLdoc COUNCIL BILL # 1� reading Enactment reading ORDINANCE # RESOLUTION # � Changes are shown as �e-s� (moved from one priority category o5 deleted) and underline (added to another priority category) ',� MAYOR'S RECOMMENDATION Approvai of the 2012 Planning Commission Work Program as modified by the LLTTC and outlined in Exhibit A-1. _ � CITY OF Federaf Way STAFF REPORT TO THE PLANNING COMMISSiON DATE: February 27, 2012 To: Merle Pfeifer, Chair Planning Commission FRO[�t: Patrick Dohert3►, Director of Community and Economic Development Margaret H. Clark, AICP, Principal Planner Sus.tEECT: 2412 Planning Commission and Loag Range Planning Work Program • MEETtNG DATE March 7, 201�2 A. BACKGROUND At the begfnning of each calendar yeaz, the Planning Commission's Work Prograzn for that year is approved by the City Council. The purpose of this memorandam is to upclate 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 approving a work program for 2012. This memorandum inctudes the following information: � Section B — Gompleted items • 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 Major Comprehensive Pian Update • Section G— Other Lang Range Ptannin� 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 range 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 potentiai code amendments. • 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 altowing animat kennels and animal care facilities in the Neighborhood Business (Bl� Zone (2011) • Amendments related to seating capacity of restaurants in the Office Park (OP) Zone (20I 1) • Shoreline Master Progrun (2011) • Amendments related to accessory uses and convention centecs in the Office Park (OP) Zone (2011) • Amendments related to SEPA Exemptions in Crirical 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 Cammercial District (2012) � • Policies for healthy eating and increased access to health foods (anticipated to be approved March 6, 2Q 12) (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 March 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 additi�s to developed sites and chan�e 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 exemprions to the review processes, such as external improvements that are not visibte off-site. Increase the maxirrtum atlowable building height and amend requirements In research stage for open-space set-aside in the City-Center Core (CGC) wning distric� Specify parking ratios for all uses. In research stage Adopt a more streamlined process for binding site p(ans. In resesrch stage Stream line review processes to make variances and criticat area Not started exemptions administrative approvals and reduce the number of required P��- Broaden uses and standardize bullc and dimensionaf requirements by Not started zone. Reduce or elimiaate front yard setbacks in commercial zones. Evaluate Not started appropriate sicle and rear setbacks and tandscape buffers for adjacent commercial uses. Planning Commission Staff Report Meering Date: March 7, 2012 �;: I 20 t2 Planning Commission and Long Range Ptanning Worlc Program Page 2 Descripfion Status Consider incentives for development projects such as flexibte road Not started standards and increased density. D. 2012 COnE AtvIENDtHENrs REQUESTS The Federal Way Revised Cvde (FWRC) requires the City to accept applica.tions for code amendments on an annual basis. The city received the foltowing citizen-initiated code amendments for the 2012 amendment cycle: Fite No. IZ-100516-00-AD — Request from Safely.Senior for a code am�xdment to allow senior housing/assisted living in the Professional Office (PO) Zone. E. 2011 �►xD 2012 ArrNUai. Co��xxErtsrvE Pi.aN AMExn1KEN!'s The FWRC requires the city to accept applications for amendments to the comprehensive plan on an annuai basis. The city received three requests in September 2011 for the 2012 atnendment cycle. 1. Requests Recetved in ZOl l (i) File No. 11-103859-UP — Request from Edward Hoit for a comprehensive plan amendment and rezone of 1.82 acres (parcel 112103-9I 31) located to the west of Dumas Bay Pazk from Single Family Low-Density and Suburban Fstates (SE, one unit per five acres) to Single Family Medium Density and RS 15.0 (Single Faznily, one unit per 15,000 square feet). (ii) Request from Eric Hildebrandt for a comprehensive plan amendment and rezone of 1.18 acres (parcel 292104-9071) located at 132Q South 359� Street from Single Family Medium Density and RS 15A (Single Family, one unit per 15,000 square feet) to Mutti- Family and RM 2400 (Multi-Family, one unit per 2,400 square feet). (iii) Request from Mazk Barrett for a comprehensive plan amendment and rezbne of 035 acres (parce1785360-0008) located at 1836 South 308'� Street from Sin�le Family High Density and RS 7.2 (Single Family, one unit per 7,2Q0 square feet) to Multi-Family and RM 3600 (Multi-Family, one unit per 3,600 square feet). 2. Request Received in 2010 The following request was received in ZO 10 and has already been selected by the city councit for further review. Staff is in the process of working with the applicant on moving it forarard 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 of S� Francis Hospitai for a comprehensive plan amendment to remove the planned Pianning Comroission Stat�Report Meeting Date: March 7, 2012 2012 Planning Commission and Long Range P[anning Work Program Page 3 principal collector shown on Map III-5 of the Federal Way Comprehensive Plan (FWCP}. This ptanned street extends from 9�' Avenue South on the east along the north boundary of the hospital campus to connect to 1�` Way South on the west, just noRh of the Federal Way Regionat Library. F 2415 MAJOR COMPREHENSIVE PLAN UPDATE . Pursuant to RCW 36.70A.130(4)(a), "Comprehensive plans — Review procedeues 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 plau and regulations comply with the Growth Management Act (GMA). The Legislature has extended this deadline from December 1, 2011, to December 1, 2015. Staffwill be iniriating work an the major comprehensive update durin� this calendar year. G. OTf�R LONG RANGE PLANNING RES�ONSIBILITIES The foilowing 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 b�ilding permit and other housing-related data to the Washin�ton Office of Financial Management, which is used to detemune the population of the City as of April l� of each year. • Preparc an annual report on the number of building permits broken out by type and aclrieved densities of all residential development and floor area ratios of non-residential developme�t to King County to be used for the King County Benchmark and Anneial Growth Information Reports, tlte Buildable Lands Report, and annual reports prepared by the Puget Sound Regional Couacil (PSRC7. • Provide information on an annua.l 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 infot�rnation is also included in the King County Benchmark and Annual Gmwth 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 interdepartrnental team to prepare a capacity analysis for resideutial units and employment and coordinate population projections and tand use allocations for the city and its related Transportation and Analysis Zanes (TAZ's). • Review proposed amen�cnents to the King County Countywide Planning Policies aad provide information to the city council for their feedback Planning Commission Staff Report Meeting Date: March 7, 2012 2012 Planning Commission and Long Range Planning Wock Pc•ogram � 4 H. POTENTIAL 2011 PLANNING COMMISSIOIY WURK PROGRAM/STAFF RECOMMENDATION The long range planning staff is comprised of 1.5 FuII Time Equivalents (FTE). In the past, current planning staff has assisted the long range division based on their capacity and depending on the level of development activity. The current planning staff level was reduced from 3.5 FTE's to 2.5 FTE's in the last budget cycte, so it is unlikely that current planning staff wili have the ca.pacity to assist with long range planning this year. Based on past experience, the majority of the Long range planning staff's time is expected to be spent on the annual comprehensive plan update process and reporting and monitoring work required by state law. Staffrecomrnends the fotlowing Ptanning Commission Work Program. However, it is probable, given staff resources that some items may have to be camed over to the 2013 Work Program. The potential Work Program is organized as follows: � M1t1vDaTORY—Aneicipated to be completed in 2012 • Complete the 2011 and 2012 Cumprehensive Plan Update. • Monitoring and Reporting — Includes Report to the Office of Financial Managemen� Buildable Lands Reporr, and Report to the Puget Sound Regional Councit (PSRC). • Start the 2015 Major Comprehensive Plan Update (not required but recommended to be started this year). No7'MANDATORY— OrganiZed by �gh, Medium, and Low Priority Kgh 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 oi� site. • Increase the maximum allowable building height and amend requirements for ogen-space set- aside in the City-Center Core (CC-C) zoning district • Stream line review processes to make variances and critical azea exemptions administrative approvals and reduce the number of required processes. • Speci�y parlcing ratios for all uses. Medium Priority • Reduce or eliminate front yazd setbacks in commercial zones. Evaluate appropriate side and rear setbacks and landscape buffers for adjacent commercia! uses. Planning Commission Staff Repo�t Meeting Dabe: March 7, 2012 - I 2012 Pianning Commission and Long Range Planning Work Program � 5 • Adopt a more streamlined process for binding site plans. • Adopt zoning regulations for the Twin Lakes Commercial Sub-Area. � Adopt regulations for Communiry Gardens and Urban Agriculture. Low Priority • Broaden uses and standardize butic and dimensional requirements by zone. • Consider incentives for development projects, such as Elexible mad staadards and increased density. . � • Allow oversize vehicles in approved enclosures in residential zones. • Adopt regutarions to inspect rentat housing on a yearly basis. • Houseiceeping amendments. L NExr S�s Staffwill add the Planning Commission's recommended comprehensive plan and code amendments to the list of potential amendments and provide a priorirized list to the LUFC, which rnay fiuther refine the list before council consideration. Planning Commission Staff Report Meeting Date: Mu+ch 7, 2012 2012 Planning Commission and Long Range Planning Work Prog�am Page 6 EXHIBIT A-1 Planning Commission Work Program 1. Mandatory — Anticipated to be completed in 2012 • Complete the annuai comprehensive plan update. (Combine requests received in 2010 [St Francis] - and those received in 2011 [Fioit, 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 seiected 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 buitding permit application is also under review. Expand exemptions to the review processes, such as external improvements that are not visible off-site (in process). . • Adont a more streamlined process for bindin�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 a11 uses. Medium Priority • Increase the maximum allowable buildin� hei�ht in the City-Center Core (CGC) zoning district • Reduce or eliminate front yazd setbacks in commerciat zones. Evaluate appropriate side and reaz setbacks and landscape buffers for adjacent commercial uses. • Consider incentives for develonment projects such as �lexible road standards and increased densi • Adopt zoning regulations for the Twin Lakes Commercial Sub-Area. Low Priority ,�, • Adont regulations for Communitv Gardens and Urban Ag�iculture. • 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 Ptanning Commission's purview. K:�2012 Pianning Commission Work Programll,UTC\050712 Meeting�I.UTC EXHIBTT A-l.doc EXHIBIT A-1I Planning �ommission 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 fiuther review by the City Council].) � Complete the cirizen-initiated request for a code amendment to al}ow 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 aze not visible off-site (in process). � Adopt a more streamlined process for binding site plans. • Amend requirements for open-space set-aside in the City-Center Core (CGC) zoning district. + Stream line review processes to mai�e 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 City-Center Core (CC-C) zoning 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 projeets, such as flexible road standards and 'mcreased density � Adopt zoning regulations for the Twin Lakes Commercial Sub-Area. Low Priority • Adopt regulations for Community Gardens and Urban Agriculture. • Broaden uses and standardize bulk and dimensional requirements by zone. • Allow oversize vehicles in approved:enclosures inresidential zones. + Research and adapt an ordinance addressing historic preservation • Housekeeping amendments. K:�2012 Planning Commission Work Program�I,UTC\050712 MeedngU:iTFC EXHIBIT A-1I.doc I COUNCIL MEETING DATE: May 15, 2012 MEETING DA'['E: May 7, 2012 SUB.iEC'c: S 320�' Street at 20`� Avenue S Intersection Improvements Project — 30% Design Status R eport POLICY QUESTION Should the Council authorize staff to proceed with design of the S 320�' Street at 20�' Avenue S Intersection [mprovements Project and return to the LiJTC and Council at the 85% design completion for further reports and authorization? CITY OF FEDERAL WAY CIT� COUNCIL AGENDA BILL COMMITTEE: Land Use and Transportation Committee CATEGORY: � Consent ❑ City Councit Business ■ � Ordinance Resolution STAFF REPORT BY: Brian Roberts P. E., Street Systems Project ❑ Public Hearing ITEM #:�� Other DEP'i': 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 RECOI�II�IENDATION Mayor recommends forwarding Option 1 to the May 15, 20i2 City Council C onsent Agenda for approval. n MAYOR APPROVAL: _�GGi� �� DIRECTOR APPROVAL: co�� c �� COMMITTEE RECOMMENDATION: Forward Option 1 to the May 15, 2012 City Council Consent Agenda for approvaL � �� ' ,��t,�� Bo Celski, Chair Jeanne Bur idge, M er � Susan Honda, Member PROPOSED COUNCIL MOTION � move to authorize staff to proceed with the design of the S 32U`" Street at 20 Avenue S Intersection lmprovements Project and return to the LUTC and Council at the 8S% design comp[etion stage for further reports and authorization. " (BELOW TO BE COMPLETED BY ClTY CLERKS OFFICE) COUNC[L ACTiON: � APPROVED COUNCIL B[LL # � DENIED l reading ❑ TABLED/DEFERREDINO ACT[ON Enactment reading � MOVED TO SECOIYD READ[NG (ordinonces only) ORD[IYAIYCE # REVISED - 02/06/2006 RESOLUTION t! CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: BACKGROUND May 7, 2012 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 retocation, 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 foliowing 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 20 i 3 Construction Cost 10% Conshuction Contingency Construction Management TOTAL PROJECT COSTS AVAILABLE FUNDING: Budgeted City Funds Mitigation Interest TOTAL AVA[LABLE BUDGET $ 400,000 0.00 3,Q00,000 300,000 375,000 $ 4,075,000 $ 500,000 144,284 3,245 $ 647,529 \ This project has funding for Design and right of way acquisition oniy thru avaiiable project Mitigation and City capital funding; no construction funding is budgeted at this time. COUNCIL MEETING DATE: May 15, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:� SUS.IECr: 2412-2013 Department of Ecology Capacity Grant POLICY QUESTION Should the Councii 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 MEETnvG DATE: May 7, 2012 CATEGORY: � Consent ❑ Ordinance ❑ Pubiic Hearing ❑ Ctty Councit Business ❑ Resolution ❑ Other STAFF REPORT BY: William Appleton, P. E., Surface Water Manag DEP'i': Public Works Attachments: Land Use and Transportation Committee memorandum dated May 7, 2012. Options Considered: 1. Authorize sta.ff 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. n MAYOR APPROVAL: _/�'� DIRECTOR APPROVAL: _�� '+� Commi e / ouncil CO�� COMMITTEE RECOMMENDATION: Forward Option 1 to the May 15 2012 City Council Consent Agenda for approval. I ,r � r � � �,/�j�►i� �.�� : �. � Susan Honda, Member (BELOW TO BE COMPLETED BYClTYCLERKS OFFICE) COUNC[L ACTION: ❑ APPROVED ❑ DENIED ❑ TABLED/DEFERRED/NO ACT[ON ❑ MOVED TO SECOND READ[NG (ordinances only) REVtSED -02/06/2006 COUNCIL B[LL # i reading Eaactroeat resding ORDiNANCE # RESOGUT[ON k PROPOSED COUNCIL MOTION "I move to authorize staf, j`�to accept the 2012 DOE capacity grant in the amount af �50, 000, and budget these funds into the 2013 Surface Water Budget? " 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 — Additionat Funding BACKGROUND: In December of 2011, the Surface Water Management Division of Public Works was notified by the Deparhnent of Ecology that an additional $50,000 of grant funding wil( 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 reiated minor equipment purchases, public education and outreach, and the Illicit Discharge Detection and Elimination program. � STATg Q � o � > � � � a q � " oy 't IB89 T� STA7E OF WASHiNGTON DEPARTMENT OF ECOLOGY PO Box 47600 • Olympid, WA 98504-7600 • 350-407-600U T11 for Washington Relay Service • Persons with a speech disabifity can ca// 877-833-6341 December 23, 2011 William Appleton, Surface Water Manager City of Federal Way 33325 Sth Ave S Federal Way, WA 98003-6325 Re; City of Federal Way Mnnicipal Stormwater Capacity Grants Grant No. GI100044` Dear Mr. Appleton: I am pleased to inform you that the.Departrnent of Ecology {Ecology) will be awarding au additional $50,000 in grant funds to the City of Federal Way for the Municipal Stormwater Capacity Grant project. The grant 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 continned appropriation through the state Legislature. These gcant funds are provided to heip National Pollutant Discharge Elimination System {NPDESj Municipal Stormwater Phase II communities comply with provisions of the NPDES Municipal Stormwater Permit requirements and to improve and�protect water quality in Washinpton State. The City of Federal Way can use the funding to address planning, implementation, or management of municipal - stormwater programs. Stormwater facility construction projects aze not eligible for funding through this grant opportunity. 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 impacts to water quality. If you would like fiuther information regarding this grant funding, please contact Tracy Farrell, Ecology'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 pmtecring water quality, please call JeffNejedly at 360-407-6566. Sincereiy, �� Kelly Susewind, P.E., P.G. Water Quatity Program Manager KS:TF:mb � COUNCIL MEETING DATE: May l5, 2012 ITEM #: Sus.►ECr: Zoning Compliance Review Fe� POLICY QUESTION Should the City Cour►cil 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 �� ,i Ordinance Resolution STAFF REPORT BY: Contract Planner Jim Harris MEE'rnvG DaT�: May 7, 2012 ❑ Pubiic Hearing ❑ Other DEp[': Community & Economic Development Summary: The Community and Economic Development Department is recommending the addition of a new review fee, to detsmiine 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 process is ovexkill, but the City do:es nee.d ta charge a minimal fee to cover the cost of conducting this necessar� _ review. T'he 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 D�rector to amend ffie City's fee schedule to effectuate the proposed zoning campliance review fee. 2) Do not approve the proposed fee and �rovide directions to staff. _ ____ ^ MAYOR'S RECOMMENDATION: Option number 1 MAYOR APPROVAL: omm ee DIRECTOR APPROVAL: COMMIITEE RECOMMENDATION 1 move to forward the proposed fee for zoning compliance review to the June S, 2012 consent agenda for approva! and authorize the Finance Director to amend the City's fee schedule to effectuate the proposed new fee for zoning compliance review. � ��- T Susan Honda, Committee Member PROPOSED COUNCIL MOTION(S): (BELOR' TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTIOiV: ❑ APPROVED COUNCIL BILL # � DENIED 1� readiog ❑ TABLED/DEFERRED/NO ACTION Eaactment reading ❑ MOVED TO SECOND READING (ordiruutces only) ORDDVAIYCE # REVISED — 08/12l2010 RESOLU'i'ION # COUNCIL MEETING DATE: May 15, 2012 ITEM #: ��F CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: USE OF CAPITAL RESERVES TO REPLACE A CHEMICAL CONTROLLER POLICY QUESTION Should the Mayor and Council authorize the spending of Community Center Capital Reserves to purchase a new Chemical Controller to replace one that has failed? COMMITTEE: PRHSPS CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETnvG DATE: May 8, 2012 ❑ Public Hearing ❑ Other STAFF REPORT BY: Crai Feldman A uatics Coordinator DEPT PRCS _ .........................................................................................................�.........................................._r......_.....�.... . . . ....................................................................._. ...................................._................_.............._.........................__ ----....................._.._._....._._.......... Background: Automated Chemical Controllers are used at the Federal Way Community Center to ensure that the proper levels of disinfecting chemicals and properly balanced water chemistry is maintained at all times. One of the controllers has failed and needs to be replaced. Without this controller, staff are forced to test water chemistry hourly and make estimates as to the necessary amount of chemicals to add. Competitive bids were obtained from three reputable vendors, and Lincoln Equipment, Inc. was the lowest responsive, responsible bidder. Attachment: Controller Bid Results Options Considered: 1. Authorize spending $4,300.00 from the Community Center Capital Reserves to replace a Chemical Controller. 2. Do not authorize the spending of Capital Reserves to replace a Chemical Controller and provide direction to staff. MAYOR'S RECOMMENDATION Option #1: Authorize spending $4 ,300.00 from the Community Center Capital Reserves to Replace a Chemical Controller. MAYOR APPROVAL: ��(�� '�' % DIRECTOR APPROVAL: _L � �� Com �ttee Co� Committee Council COMMITTEE RECOMMENDATION: I move to forward the approval to authorize spending $4,300.00 from the Communiry Center Capital Reserves to replace a Chemical Controller to the full Council May 1 S, 2012 consent agenda for approval. �-- Committee Chair ommittee Member Committee Member PROPOSED COUNCIL MOTION "I move approval to authorize to spend $4,300.00 from the Community Center Capital Reserves to replace a Chemical Controller. " (BELOW TO BE COMPLETED BY C1TY CLERKS OFFlCE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # �., Date: To: From: Via: Subject: May 8, 2012 CIiY OF Federal Way PRHSPS Council Committee Craig Feldman, Aquatics Coordinator Mayor Skip Priest Chemical Controller Bids Bid Results for a Chemical PC 5000 • . • Lincoln Equipment $4,223.38 W.M. Smith & Associates $5,127.80 United Industries $6,800.00 CC — Cary M Roe; P.E., Director, Parks, Public Works and Emergency Management COUNCIL MEETING DATE: May 15, 2012 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SACAJAWEA SOCCER FIELD RENOVATION POLICY QUESTION Should a Purchase Order (PO) be approved with KCDA; to manage a contract with the FieldTurf � Corporation, to replace the synthetic turf and improve drainage on the Sacajawea soccer field? COMMITTEE Parks, Recreation, Human Services & Public Safety CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: May 8, 2012 ❑ Public Hearing ❑ Other DEPT PRCS STAFF REPORT BY: Ste hen Ikerd Parks & Facilities Mana�er ............................................................................................................................._..................................._..._.�.___...._...---........_..____. _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attachments: Sacajawea Soccer field renovation Memo. Options: 1- Authorize the Mayor to approve a PO with KCDA; to manage a contract with FieldTurf � to replace the synthetic turf and improve drainage on the Sacajawea soccer field for a total not to exceed $640,379.00 (Total includes; project cost, KCDA fee, 10% contingency and tax) 2- Do not approve a PO with KCDA; to manage a contract with the FieldTurf � to replace the synthetic �- turf and improve drainage on the Sacajawea soccer field and give staff direction. _. ............................................................................................................... .. ... MAYOR'S RECOMMENDATION: Option 1 ; Authorize the Mayor to approve a PO with KCDA t yr ��g a contract with FieldTurf � to replace the synthetic turf and improve drainage on the Sacajawea soccer , fo a total not to exceed $640,379.00 MAYOR APPROVAL: / �G/ 2 � DIRECTOR APPROVAL: � to Com ttee to C unc�l to Committee To Council �i r'17Y�^ COMMITTEE RECOMMENDATION: " I move to authorize the Mayor to approve a PO with KCDA to Cl contract with FieldTurf � to replace the synthetic turf and improve drainage on the Sacajawea soccer �eld for a total not to exceed $640,379.00, to full Council on May IS for approval ". �� +�zs�-- Committee Chair mmi ember Committee Member PROPOSED COUNCIL MOTION "I move to authorize the Mayor to approve a PO with KCDA; to a contract with FieldTurf � to replace the synthetic turf and improve drainage on the Sacajawea soccer field, for a total not to exceed $640,379.00" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # � CITY OF �'�.... Federal Way Parks and Facilities Division Date: May 8, 2012 To: PRHSPS Council Committee From: Stephen Ikerd, Parks & Facilities Manager Via: Mayor Skip Priest Cary M. Roe, P.E., Director of Parks, Public Works & Emergency Mgmt. �� Subject: Sacajawea Soccer Field Renovation The synthetic turf on the Sacajawea soccer field has reached its useful life and is in need of replacement. The field is worn from heavy use and is now holding surface water, which impacts the play. The Parks Department recommends replacing the synthetic turf with a new generation FieldTurf� product and also improve the drainage system at the same time. Staff contacted the FieldTurf� Corporation, who is registered with the King County Directors Association (KCDA) purchasing program. The City has a current Council approved agreement for procurement authority with KCDA. This agreement allows the City to work with a pre-approved company to customize a variety of projects at discount rates that KCDA secured through a competitive bidding process. This vendor selection method works best for us at this time, because a lot of administrative time is saved and the City can simply issue a PO to KCDA, who then contracts with the vendor for the renovation project. City Staff will oversee the actual field work, to ensure the scope of work is met. Staff solicited estimates from FieldTurf� for all associated renovation work and following is a summary of cost: FieldTurf �: Sacajawea Park soccer field renovation $582,163.45 — Dispose old and install new turf, drainage, cement borders, KCDA fee and tax. 58.216.55 —10% contingency $640,379.00 — Total encumbrance not to exceed. Funding Source: $776,120.00 — 2012 balance of CIP funds for Sacajawea Park renovation and improvements. 640.379.00 — Total encumbrance of Sacajawea soccer field renovation. $135,741.00 — Remaining balance of CIP funds for Sacajawea improvements. COUNCIL MEETING DATE: May 15, 2012 ITEM #:� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ARTS COMMISSION 2012 WORK PLAN AMENDMENT POLICY QUESTION Should the city Council approve the amendment to the Arts Commission 2012 Work Plan for a 3-dimensional chalk art exhibit? COMMITTEE PRHSPS CATEGORY: � Consent ❑ City Council Business ❑ Ordinance ❑ Resolution MEETING DATE: 5/8/12 ❑ Public Hearing ❑ Other STAFF REPORT BY: Leah Fraine, Arts & Special Events Coordinator DEPT PRCS ............................................................................................................................................................................................... _..._............................................................................................................................_........._..._........................................__._................�..._....._._ Annually the Arts Commission develops a Work Plan for the upcoming year. The Work Plan outlines the projects, programs and associated funding for the year. As new opportunities arise, the commission votes to make amendments to the Work Plan. The Arts Commission is advising Council to consider allowing the commission to invite Tracy Lee Stum, interactive 3D street painter, to create one of her world renowned artworks over a period of three days during the World Sand Sculpting Tournament. The Arts Commission believes that by bringing in this aspect, it will enhance the event and further promote keeping the Arts Alive in Federal Way. The Arts Commission is seeking approval from City Council to spend further time in researching the possibility of seeking sponsorships and applying for grants to receive monies to meet the expense of the artist's stipend. This project will only go forward if the Arts Commission obtains outside funding of grants, donations, or sponsorship totaling $9,500 associated with bringing this artist in. Attachments: l. Amended 2012 Arts Commission Work Plan Options Considered: 1. Approve the proposed amendment to the Arts Commission 2012 Work Plan 2. Do not approve the proposed amendment to the Arts Commission 2012 Work Plan, and provide direction to staff. MAYOR'S RECOMMENDATION Option 1— Approve the proposed amendment to the Arts Commission 2012 Work Plan. MAYOR APPROVAL: /� ' � e /�� DIRECTOR APPROVAL: L��/ L Committ Coun 1 Committee Council COMMITTEE RECOMMENDATION I move to forward the proposed amendment to the Arts Commission 2012 Work Plan to the full Council on May 1 S, 2012 Consent Agenda for approval. � �i`,� `� �_ Committee hair ommittee Member Committee Member PROPOSED COUNCIL MOTION "I move approval of the proposed amendment to the Arts Commission 2012 Work Plan ". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT resding ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # ` CITY OF � Federal Way �rt,s Commission 2012 WORK PLEiN 18.12 Mlsslon Statement.• The char e of the Federai Wa Arts Commission is to develo a communit where culturai herita e is valued and the Arts are alive! Committee/Project Summary/Objectives Commission Tasks Who When Status 1. Maintain City Hall and Knutzen Fal'nily Theatre 1. a. Distribute gallery applications, July-Nov Exhibits and Cafe Tables Display at FWCC. select artists, install exhibits b. Submit artisUexhibit information to B �� Ongoing press-request artists provide digital Fran photos of their work for promotional purposes c. Increase DBC alle to 5 exhibits On oin 2. Partner with the Court to offer a student Art 2. a. Assist w/development of criteria for Jan-March Public Art Committee Show. entry and selection c. Assist w/ distribution of marketing Mary materials. March-June b. Assist w/Ju of entries. Committee Chair: 3. Sponsor Arts Alive in the Arts Juried Art Show. 3. Re-format the Arts Alive Exhibition Sept-Dec and Rece tion Bruce BRUCE 4. Manage 2% for Art Program. 4. a. Develop an on-going maintenance Jan-March program for the permanent collection b. Review 2% for Art Ordinance and All Sept-Nov upcomin ro'ect eli ibili 5. Commission artwork for the Federal Way 5. a. Finalize budget, RFP for artwork March-July Community Center curved wall. review submittals, select artist All b. Contract w/Artist, Installation 6. Sculpture Garden 6. Work with Staff to vote on sculptures Bruce Ongoing to rotate in eve six months 1. Publish bi-annual Arts Commission Newsletter 1. a. Collect information, write copy, Feb & Aug Newsletter, distribute in community Cindy, Mary, b. Redesign newsletter Martha, Lorie Feb Cultural Outreach 2, promote on-going Arts Commission programs 2. Write press releases, establish media Ongoing Committee relationships Carrol 3. Develop a relationship/visibility w/business 3. Organize chamber attendance, Ongoing community. distribute promotional materials Carrol Committee Chair: 4. Develop internet websites. 4. a. Update city arts commission Staff Ongoing webpage CARROL 5. Actively search for grant funding 5. a. Commission will assign 2 members Cat Ongoing to be in research 6. Partner with School District, Fire Dept., Library, 6. a. Begin outreach. Assess desire to Ongoing Kiwanis, and other agencies as art is brought to display artwork in public areas Martha Federal Wa 1. Develop Cultural Arts Opportunities at RWBF. 1. a. Organize artists in action and arts Feb-July activities and interactive dance areas Cat b. Explore possible collaboration Fran, Bruce Pro�rams Committee w/Diversity Commission c. S onsor erformance sta e 2. Manage Contract For Services Program 2. Provide a workshop for applicants to Lorie Sept-Oct clarify application Committee Chair: 3. Sponsor Outdoor Summer Concert Series 3. Sponsor Summer Sounds on Beach July-Aug 4. Partner with the Rhododendron Garden for 4. a. 1 nighUweekend event May CAT event. b. Work with artists to set up Cat photograph or sculpture gallery for Fran duration of event 5. Steel Lake Park 70 Anniversary 5. Coordinate with FW Historical Society Maureen, Mary Early Fall to create a celebration for 70�' anniv. Bruce 6. 3-Dimensional Chalk Art Exhibit 6. Research grant support to fund artist August Tracy Lee Stum chalk art at sand Cat scul tin tournament 1. New Member Orientation 1. a. Host orientation session Jan-Feb b. Assign AC mentors to each new Bruce, Cindy Commissioner Soecial Proiects 2• Cultural Plan Update 2. a. Develop and submit RFP, select June-Sept consultants b. Assist w/plan development Oct-April BRUCE c. Commission/Council Approval of May Plan 3. Participate in Performing Arts Center 3. Attend PAC meetings and other Ongoing Committee Meetings in the feasibility work for a scheduled work of the PAC group. Bruce new erFormance Center. Staff Responsibilities: Coordinate agendas with Arts Commission Chair and distribute; prepare monthly minutes for commission meeting; coordinate new commissioner orientation and annual retreat; assist the commission w/development of marketing materials; maintain website; contract management; assist the Arts Commission Chair with devetopment of bi-annual budget. K:/artscom/retwkpin/2012WorkPlanAmended COUNCIL MEETING DATE: May 15, 2012 ITEM #:�_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: APPOINTMENTS TO THE PARKS AND RECREATION COMMISSION POLICY QUESTION Which applicants should the City Council appoint to the Parks and Recreation Commission? COMMITTEE N/A CATEGORY: ❑ Consent � City Council Susiness ❑ Ordinance ❑ Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT BY: Carol McNeill , Ci Clerk DEPT: Human�Resources __._____ �..._�_..._ .__.._._._��___��.�' .�._ ---.._....._._..._.---...._._._....__._....__._._.__._..._....---�__. _----...�._..__.._._�.------�—._. Background: In accordance with FWRC 2.85.020 The Parks and Recreation Commission is comprised of nine voting members and may have up to two alternates. Members are appointed by the City Council and serve three- year terms. , There is one voting position and one alternate position available for appointment at this time. Current alternate member Mark Koppang is seeking appointment as a voting member. In accordance with the City Council Rules of Procedure, the Council will �not interview applicants currently serving on a commission. At a Special Meeting on 1VIay 15, 2012 the City Council interviewed applicants David Berger and Julio Diaz. Mr. Diaz is seeking appointment as an alternate member only. Options Considered: l. Appoint to the Parks and Recreation Commission as a voting member, with a term of April 30, 2015; appoint and as alternate members with terms of April 30, 2015. - 2. Direct staff to recruit additional applicants for the Parks and Recreation Commission. MAYOR'S RECOMMENDATION N/A MAYOR APPROVAL N/A N/A DIRECTOR APPROVAL N/A '�_ Committee Council Committee Councii PROPOSED COUNCIL MOTION: "I move the following appointments to the Parks and Recreation Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TASLED/DEFERRED/NO ACfION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # COUNCIL MEETING DATE: May 15, 2012 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�� SUS.�C'r: West Hylebos Conservation Property Acquisition POL[CY QUESTION Should the Council authorize staff to proceed with the West Hylebos Property Acquisition Program, pursue and implement the open space vision for Spring Valtey and the West Hylebos and accept the 20L2 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 ❑ Ordin�nce ❑ ResoluNon n, P. E., Surface Water MEET[NG DATE May 7, 2012 ❑ Public Hearing Other DEwr• Public Works Attachments: Land Use and Transportation Committee memorandum dated May 7, 2012. Optioas Considered: 1. Authorize staff to proceed with the West Hyiebos Property Acquisition Program, pursue and implement the open space vision for Spring Valley and the West Hylebos and accept the 2012 King Counfiy 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 RECOMMENDATIOIY Mayor recommends forvvarding Option 1 to the May 15 2012 City C onsent Agenda for approval. MAYOR APPROVAL: f�� r'k�`�G� DIRECTOR APPROVAL: __��iyr��. Comm ttee Counc' �� COMM[TTEE RECOMMENDA'CION: Forward Option 1 to the May 15, 2012 City Council ��Agenda €eF .-a�gr��1.LUI�I-f�.oac.-� � �£Con�►n'tej�-�i�'rt.... � �,�.j , C�i r��11�1� �� --: , �' PROPOSED COUNCIL MOTION "1 move 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 Counry Conservation Futures Grant in the amount of $300, 000. " (BELOW TO BE COMPLETED BY CITY CLERRS OFFlCE) COUNCiL ACT[ON: � APPROVED COUNCIL BILL # ❑ DEN[ED l reading ❑ TABLED/DEFERRED/N0 ACT[ON Enactment resding ❑ MOVED TO SECOND READ[NG (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 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 Managemenl��y'" ` ' Wi(liam Appleton, P.E., Surface Water Manager �/� SUBJECT: Conservation Property Acquisition Program BACKGROUND: At the Mazch 15, 2011 City Councii meeting, Surface Water Management (SVVM) staffrequested 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 acquisition and restoration is to protect and provide opportunities to restore waterway systems in a comprehensive and integrated manner to improve the iivabiiity of Federal Way, support recovery of the Puget Sound and provide our citizens with environmental education and stewardship opporlunities 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 qua.lity 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 Federat 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 Utiliries' 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 �761,000 in KCCFT Grant funding with $455,000 of S WM 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 availabie 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. 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, environmentai education, stewardship and restoration opportunities within the Hylebos Basin for the citizens af Federai 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 staff to 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 Tar ets West Hylebos Conservation Connectivity Score Priori Basin Size Easement/Fee Score Ranking Pro erties (acres) Simpie (55 pts) (10 pts) Ci Cost Kwon 22.4 Ci Owned $715,000 Kim 10.6 Ci Owned $185,000 Entickna b.4 Cit Owned $230,000 Brid es 17.26 Fee Sim le 53 i0 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 Futures Program is supported by a Levy on all properties within King County that collects $. OS per $1, 000 of properry value. Jurisdictions in King County compete annually for grant funding under this program. City Of Federal Way residents/6usinesses contribute approximately $400, 000 annually to KCCF7: ** The KCCFT citizen advisory board has recommended that the Ciry of Federal Way receive 5300.000 for 2012. Funding is ezpected to be approved by King County Council by mid-summer 2012. *** Commencement Bay Natural Resource Trustees City of 2011 West Hylebos ��`8 F�„"�,° Rewion Date: Man3� 2011 Cily M Fede�allMy Federal Way Property Aquisitions � �� FeAe�alVWy W1.98003 (Vh w�vw.ciydFedera6way.mm 1 i(1G1= 850 feet cnr w o .25 � � �s m�,s �� ,�, «,�. � Federal Way The City of Federal Way makes no wartaMy as to its acwtacy. � Fee� N COUNCIL MEETING DATE: May 15, 2012 ITEM #:_�_ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................................................_.............................................................................._.............................._....................................................................._................_......_......._........._.....__..._............._......................_._._..............._..........._.. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2012-2013 FUNDING FOR THE JOBS FOR SOUTH SOUND BUSINESS INCUBATOR POLICY QUESTION Should the City Council approve expenditure of $30,000 per year in 2012 and 2013 as partial funding of the Jobs For South Sound business incubator? COMMITTEE N/A CATEGORY: ❑ Consent � City Council Business � ■ Ordinance Resolution MEETING DATE N/A ❑ Public Hearing ❑ Other STAFF REPORT BY Patrick Dohert�____. DEP'r Community & Eco. Dev. Attachments: Jobs For South Sound Business Ptan Draft Contract with Jobs For South Sound Background: On 10/6/09 the Federal Way City Council approved an action to support the South Sound Regional Business Incubator (SSRBi), proposed by the Federal Way Chamber of Commerce, with up to $100,000 per year in 2010 and 2011 for programmatic support. The source of the funds for the City's support was the City Center Redevelopment Fund (originally approved pursuant to Resolution OS-460), which was subsequently amended by City Council on 11/3/09 to add a new "Use of Funds" category to cover the SSRBi (Resolution 09-564). Similarly that Resolution was amended in 2010 (Resolution 10-573) to provide for funding for the medical device incubator project also. The SSRBi operated successfully during the preceding two years, creating small businesses and new jobs for Federal Way. At the beginning of this year the Chamber revised its business incubator business model and submitted a renewed request for City support, for a commitment of $30,000 per year for 2012 and 2013. This request was approved by Council action on January 17, 2012. In addition, in order to allow for this additional funding, the City Center Redevelopment Fund Resolution (Nos. OS-460, 09-564 and 10-573) was amended at Section 3(Use of Funds) to include the $30,000 per year for the SSRBI. Since that time new Chamber leadership and further consideration by Chamber boardmembers has led to a revised business model for the business incubator. T'he parent organization — nonprofit Jobs For South Sound will operate a business incubator, yet to be provided with a new name, that will both continue "business basics" for small, growing businesses, but also provide a new focus: innovations and inventions within the technology sector. Excerpted from the atta.ched Business Plan, the following introductory paragraph provides a good summary of this new endeavor: Jobs For South Sound (JFSS) is a non-profit organization, uniquely positioned to take advantage of the rapidly expanding inventions in the Tech sector in the Northwes� The organization's core focus is to create a virtual environment for a cluster of technology companies within the City of Federal Way. The organization will recruit intellectual property (IP) owners to move their startup companies and associated innovations to the City of Federal Way and to support theirgrowth into the regional marketplace. JFSS will create and promote job growth in this sector through these new business ventures for the common good of the people residing in the City of Federal Way. Because of this substantive shift in focus and business plan for the business incubator, the City Council is given the opportunity to reauthorize expenditure of $30,000 per year for 2012 and 2013 from the City Center Redevelopment Fund to provide partial funding of the Jobs For South Sound business incubator. Options: 1. Approve the expenditure of $30,000 per year for 2012 and 2013 from the City Center Redevelopment Fund for the proposed Jobs For South Sound business incubator and authorize the Mayor to execute the corresponding Contract; 2. Reject the proposal. MAYOR'S RECOMMENDATION Option 1 . MAYOR APPROVAL: /V//�! /��G�r//`✓ DIRECTOR APPROVAL: �ttee Co cil COMMITTEE RECOMMENDATION N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: " I move approval of Option _ " (BELOW TO BE COMPLETED BYCITYCLERKS OFFICE) COUNCIL AC'fION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reAding ❑ TABLED/DEFERRED/lY0 ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances on[y) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # JFSS BUSINESS PLAN Jobs For South Sound 2012-2013 B usin ess P/ an May 2012 JFSS BUSINESS PLAN Table of Contents OVERVIEW � 1 MARKET ANALYSIS 2 2 NEW VENTURES & IP SCREENING PROCESS 2 2.1 TARGETS 2 2.2 SCREENING CRITERIA 2 3 OPERATING MODEL 3 3.1 PRIMARY FUNCTIONS AND ACTIVITIES 3 4 THE ORGANIZATION 4 4.1 CORPORATE STRUCTURE 4 4.2 MILESTONES 4 ' 4.3 REVENUE MODEL 5 4.4 ADVERTISING AND MARKETING 5 4.5 COMPETITION 5 4.6 COMPETITIVE ADVANTAGES 5 5 FINAPICIALS PROJECTIONS s 5.1 CAPITALIZATION AND USE OF FUNDS 6 5.2 LIQUIDITY STRATEGY 6 6 RISKS s 6.1 COMPETITIVE MARKET 6 G.2 THIRD PARTY RELATIONSHIPS 7 6.3 ADDITIONAL FUNOING 7 JFSS BUSINESS P LAN Overview lobs For South Sound (JFSS) is a non-profit organization, uniquely positioned to take advantage of the rapidly expanding inventions in the Tech sector in the Northwest. The organization's core focus is to create a virtual environment for a cluster of technology companies within the City of Federal Way. The organization will recruit intellectual property (IP) owners to move their startup companies and associated innovations to the City of Federal Way and to support their growth into the regional marketplace. JF55 will create and promote job growth in this sector through these new business ventures for the common good of the people residing in the City of Federal Way. JFSS, positioned to take advantage of the rapidly expanding technology inventions in the Northwest, will enable owners of intellectual property (IP) to move their innovations from the garage into the marketplace. Over the next 12 months,lFSS will recruit multiple existing companies to relocate or to launch in Fede�al Way. These companies will benefit directly from JFSS and Federal Way Chamber's business-incubator service and the associated virtual team, which will be networked throughout the City of Federal Way and the region. The target territory will be inventors currently located in Washington, Oregon, Idaho, and Montana. We will be opportunistic, but not dependent, on unsolicited opportunities and plan to regularly network with organizations in order to identify start-up companies seeking expertise and support. JFSS is strategically capitalizing on the enormously rich environment of innovation found throughout the Pacific Northwest. The U.S. has long been recognized as a world leader in technology inventions, with the Northwest being a key hotbed. The potential for significant jobs growth is high. When vetting new opportunities, we will cover the continuum from seed to later-stage new ventures. There are numerous early-stage technology companies looking for an accelerated path to commercialization, and the recession has left many attractive deals unfunded. We are in search of the latter. Opportunities will be sorted and prioritized not only on the basis of the risk-reward. JFSS's vision is to unlock the potential of this opportunity by offering entrepreneurs a powerful suite of resources and tools, empowering inventors to commercialize their IP. These companies will benefit directly from JFSS outreach and networking with other organizations in the region. There are numerous opportunities in the market looking for support and help with becoming commercial successes. JFSS will rely on a Federal Way-located, for-profit business incubator to provide the tactical resources required in order for the companies to realize full commercial success. The for-profit will focus on funding support, JFSS BUSINESS PLAN technology knowledge and expertise, and resources and tools needed to commercialize inventions. Ultimately, the key sustainable advantage for JFSS will be the creation of a virtual resource base for a business start-up cluster in Federal Way, which will entice new ventures to relocate to the city. 1 Market Analysis The rapidly growing technology marketplace is being driven by increasing innovation, improvements in productivity, and a movement to online, virtual cannected functionality. Also, all manner of portable technologies are playing an ever-increasing role in reaching and serving a widely dispersed market. These hybrid devices are the result of the convergence of technology, engineering, computing, and telecommunications. According to research obtained from Reference Capital, LLC, "The primary marketplace drivers for technologies in North America and globally are: demographics, investor afFinity for their shorter time to market, lower capital requirements, higher probability of company acquisition, increasingly intelligent devices, and cost reduction pressures..." This is potentially an attractive and, for properly managed opportunities, a lucrative sector for investment. 2 New Ventures & IP Screening Process 2.1 Targets JFSS will focus on the following areas when vetting inventions: • Companies who have filed or will file for patent protection • Short lead time to market • Smart phone devices and portable handheld devices • Electrical devices • Software tools • Green tech products • Tools or devices that solve a problem, reduce costs or increase productivity The 1FS5 team will focus on fast to market and low development cost inventions and has an objective of engaging with 100 companies within the next five years. 2.2 Screening Criteria Initially, primary consideration will be given to start-up companies located in Washington, Oregon, Idaho, and Montana. Proprietary 2 JFSS BUSINESS PLA In order to improve decision-making and suitability, we will use a model that increases the probability of a favorable outcome. The model, combined with the expertise of the team, will increase the probability of success. 3 Operating Model Many undertakings are complicated, but, once processes are established, procedures can be repeated with precision. When dealing with start-ups, we expect the unexpected and manage to the ultimate goal of full product commercialization. When surprise occurs, we are not surprised. The team is skilled, senior and committed to adapting to each operating company in order to increase the probability of success. We will organize and plan for chaos. 3.1 Primary Functions and Activities 1FSS, in conjunction with the FW Chamber's business incubator where applicable, will focus primarily on the following areas: • Research will continue to play a role in JFSS's activities. As the organization works to accomplish its mission, additional research will be conducted to ensure that the mission of job creation is occurring in Federal Way. • Bench-marking, an activity critical to the overall mission will continue as one of JFSS's functions. The new venture is highly competitive and the best ideas must be applied to the organization's on-going efforts to achieve its mission. • Hosting conferences will be a critical activity. In order for Federal Way to gain mindshare with the industry, an annual conference or summit will be held in Federal Way. Federal Way's challenge is to become known for its innovative approach to capturing technology innovation and assisting with the conversion of these ideas into new commercial products. With this as a niche, Federal Way has the opportunity to conduct highly interesting annual conferences where thought leaders from around the region can assemble. • Develop outreach for the City of Federal Way, working with universities, public schools, community colleges, selected foreign economic development organizations, and local governments (i.e., city, county, state). • Educate the public about policy issues related to technology innovations and the benefits of encouraging technology jobs and investments in the City of Federal Way. • Prospect for technologies and early-stage companies and attract existing and start-up operating companies to move to Federal Way. • Assist new ventures by providing support programs and a virtual-facilities plan to foster the development of start-up companies in Federal Way. Provides flexible plans and support for fabs, light manufacturing and office spaces, education, Proprietary 3 JFSS BUSINESS PLAN shared services, group insurance programs, and networking to business resources. • Provide networking and connections to local professionals and business people. • Make presentations in order to build awareness about the opportunity to locate businesses in the City of Federal Way. • Provide training tailored to each client • Provide links to higher education and corporate partners. • Assistance to Veterans in returning to the workforce • Collaborate with staff from the Highline Community College Small Business Development Center and/or StartZone to provide complementary services to business clients • Develop curricula and presentations for regular, periodic (weekly, biweekly and/or monthly) seminars, workshops, etc. on business topics; bring on instructors on emerging topics of interest or particular specialties • Develop and implement marketing activities to grow the client base of the JFSS's / FW Chamber's business incubator, including: o Networking, promotion and presentations at Chamber of Commerce and community events; o Referrals through property owner; o Referrals and promotion through collaborating organizations; o Networking and promotion to business consultants for referrals; o Internet, email and social media marketing • Develop, implement, analyze and report on client satisfaction surveys 4 The Organization Understanding the unique needs, challenges, constraints and dynamics of the tech market will be critical to JFSS success. We will partner with other organizations in the region, exploring and identifying needs and opportunities, as well as threats, and apply the insights gained to the support of new ventures as well as to business development strategies. JFSS will be primarily comprised of Federal Way Chamber members who have a keen interest in creating a robust job environment within the City. 4.1 Corporate Structure JFSS was incorporated in 2010 as a Washington State 501C(3) company and is located in Federal Way, WA. 4.2 Milestones JFSS has achieved several significant milestones: • A fully functioning, effective training facility has been established. Proprietary 4 JFSS BUSINESS PLAN • Have established an instructor program. • Eight existing and six start-up businesses have been engaged. • An extensive group, comprised of Chamber members supports the operation with their time and energy. • Created a broad awareness in the business community. • A new incubator team is being established with a mana�ement team that has broad experience, reflecting operational excellence, marketplace expertise, and a capital raising track record. 4.3 Revenue Model There are two primary sources of revenue: • Offer $60 per month memberships, which includes: o Federal Way Chamber membership; o Free attendance at scheduled training classes; o Coordination of individual counseling and mentoring with local expert resources and the Small Business Development Center. • Grants from governments and foundations. • Sponsorships fees from community organizations and businesses. • Cash dividends from the business incubator, jointly owned by 1FSS and the Federal Way Chamber of Commerce. 4.4 Advertising and Marketing While the primary source of deal flow will be derived from individual networking, JFSS will raise brand awareness by utilizing inexpensive tools such as local conferences and press releases. 4.5 Competition The competitive landscape potentially includes the incubators located at the University of Washington and the emerging incubator in Bothell. 4.6 Competitive Advantages 1FSS will be focused on creating a technology cluster for the Northwest. Federal Way will be known for innovation and for the ability to deliver technology solutions to fulfill pressing needs in the marketplace. Through networking, the ready access to new inventions will allow JFSS to rapidly establish credibility as a key resource in the region. The key advantages will be: 1. A focus on products that reduce costs. 2. Availability of deep and broad expertise in all facets of new product development, including manufacturing. 3. An established blue chip, hands-on resource base. Proprietary 5 JFSS BUSINESS PLAN 4. Ability to allow new inventors to rapidly reach full marketplace commercialization. 5. Centrally located in a region known for innovation. 6. Relative low cost of real estate. 7. Strong K-12 public schools. 8. Easy access to transportation, both air and ground. 5 Financials Projections With the addition of new funds, JFSS is projected to become self-sustaining in year three. With new business incubator operating company's engagements, the incubator should increase revenue generation in 2012. 5.1 Capitalization and Use of Funds Jobs For South Sound, a Washington 501C(3), and the Federal Way Chamber, a Washington 501C(6), are the joint shareholders of the business incubator, and any profits resulting from the activities of the for profit will be distributed to the JFSS after payment of taxes at the for pro�t subsidiary level for the purposes of continued job creation and related educational activities. 5.2 Liquidity Strategy Markets permitting, the Incubator intends to provide liquidity through cash dividend payments to 1FSS, generated from services revenues and from liquidity events associated with the equity positions held in Incubator operating companies. 6 Risks 6.1 Competitive Market The attractiveness of Federal Way as a city where new ventures can flourish is competitive with other cities and is subject to rapidly changing economic pressures. Competition could seriously impede JFSS's ability to recruit new companies. Some of the potential competitors have substantially greater financial strength, marketing resources, and name recognition than JFSS does. In addition, these incubators may adopt aggressive policies that could make it difficult for JFSS to respond. These competitors may also be able to respond more quickly. JFSS's current and potential competitors may: Develop and market new services that render Federal Way to be a less competitive location; Establish cooperative relationships among themselves or with other providers, which would increase the ability of their offerings to address the needs of the marketplace; Establish or strengthen cooperative relationships with JFSS current or future strategic partners. Proprietary 6 JFSS BUSINESS PLA As a result, JFSS could see a weaking of its competitive position against potential current or future competitors. Conversely, by developing a strong rapport with other regional incubators, JFSS will minimize competition among the incubators within the region and secure its place in the market. 6.2 Third-Party Relationships JFSS relies, and expects to continue to rely, on a number of third parties in order to be successful. If the organization is unable to establish and maintain effective, long-term relationships with these individuals and entities, or if these third parties do not meet the needs or expectations of JFSS, the organization would be forced to seek alternative relationships. 6.3 Additional Funding Additional funding could be required if the Incubator's efforts to engage with new technology companies is slower than anticipated or if the operating companies are impeded in executing against their business plans. CONTACT INFORMATION 31919 1ST AVENUE, STE 202 FEDERAL WAY, WA 98003 (253) 838-2605 Proprietary � ` GITY OF CITY HALL ;� Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www aty+nilederaharey. com PROFESSIONAL SERVICES AGREEMENT FOR JOBS FOR SOUTH SOUND This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Jobs for South Sound, Washington corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: JOBS FOR SOUTH SOUND Lori Devore 31919 1 S` Ave South Suite 202 Federal Way, WA 98003 253-838-2605 (telephone) 253-661-9050 (facsimile) The Parties agree as follows: CITY OF FEDERAL WAY: Patrick Doherty, Economic 33325 8�' Ave. S. Federal Way, WA 98063-9718 (253) 835-2612(telephone) (253) 835-2409 (facsimile) patrickdna,cityoffederalwa .y com Development Director 1. �. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 3 l, 2013 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. �,�. The Contractor shall perform the services more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 3. �]��;,�. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City ageements. � ��'_�. .__�► 4.1 Am un . In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B," the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. PROFESSIONAL SERVICES AGREEMENT - 1- 4/2011 ` CITY OF ;�� Federal CITY HALL W �� 33325 8th Avenue South Federal Way, WA 98003�325 (253) 835-7000 www. atynffederaM�+y. com 4.2 Method of Payment. For each periodic payment, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed during the previous period and how progress has been made vis-a-vis the elements of quarterly reporting detailed in Exhibit "A." Billing periods shall be quarterly: From contract execution - June 30; July 1- September 30; October 1- December 31, 2012. Payment shall be for the preceding quarter's services, billed at the monthly rate of Four Thousand and no/100 Dollars ($4,000.00). Upon receipt of the corresponding invoice, the first quarterly payment shall be for Six Thousand and No/100 Dollars ($6,000.00), for services rendered from May 16, 2012 through June 30, 2012. Payment shall be made only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non-An�ropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incumed after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. ��!_1 � _�I�,� _ � C�7;1! I� [1�� 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Ageement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation .acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub-contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. PROFESSIONAL SERVICES AGREEMENT - 2- 4/2011 ` CITY OF ,;�� Federal CITY HALL W �� 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-70d0 www� at�rotl�deraMay. com 6. ��CE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $1,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liabilitv. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as E�ibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. PROFESSIONAL SERVICES AGREEMENT - 3- 4/2011 ` GITY OF ,;. � Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. atynfl�derahvay com 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, ar other governmental officials authorized by law to monitor this Agreement. 10. �EPENDENT CONTRAC�Q�. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. �,ONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EO, (��Q� EMl'LOYER In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. . , � � � -- , __ � _i_ _ � 13.1 Inter�retation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. PROFESSIONAL SERVICES AGREEMENT - 4- 4/2011 ` CITY OF ;.� Federal Way CITY HALL 33325 8th Avenue Soutt� Federal Way, WA 98003-6325 (253) 835-7000 www.c�rof�deraMaycom 13.2 Assig�ment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 133 Comnliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 5- 4/2011 ` CITY OF ;�� Federal GITY HALL W� 33325 8th Avenue South Y Federal Way, WA 98003-6325 (253) 835-7000 wrwy ahrotfederah+�y. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Skip Priest, Mayor DATE: APPROVED AS TO FORM: City Attorney, Patricia A Richazdson JOBS FOR SOUTH SOUND : Printed Name: Lori Devore Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me Lori Devore, to me known to be the of Jobs For South Sound that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of Notary's signature Notary's printed name Notary Public in and Washington. My commission expires_ ATTEST: City Clerk, Carol McNeilly, CMC 20 for the State of PROFESSIONAL SERVICES AGREEMENT - 6- 4/2011 ` CITY OF ,;� Federal CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federai Way, WA 98063-9718 (253)835-7000 www<cit�roifederahNa}<com EXHIBIT "A" SERVICES Jobs For South Sound (1FS5), in conjunction with the FW Chamber's business incubator where applicable, will provide services as follows: • Research will continue to play a role in JFSS's activities. As the organization works to accomplish its mission, additional research will be conducted to ensure that the mission of job creation is occurring in Federal Way. • Bench-marking, an activity criticat to the overall mission will continue as one of JFSS's functions. The new venture is highly competitive and the best ideas must be applied to the organization's on-going efforts to achieve its mission. • Hosting conferences will be a critical activity. In order for Federal Way to gain mindshare with the industry, an annual conference or summit will be held in Federal Way. Federal Way's challenge is to become known for its innovative approach to capturing technology innovation and assisting with the conversion of these ideas into new commercial products. With this as a niche, Federal Way has the opportunity to conduct highly interesting annual conferences where thought leaders from around the region can assemble. • Develop outreach for the City of Federal Way, working with universities, public schools, community colleges, selected foreign economic development organizations, and local governments (i.e., city, county, state). • Educate the public about policy issues related to technology innovations and the benefits of encouraging technology jobs and investments in the City of Federal Way. • Prospect for technologies and early-stage companies and attract existing and start-up operating companies to move to Federal Way. • Assist new ventures by providing support programs and a virtual-facilities plan to foster the development of start companies in Federal Way. Provides flexible plans and support for labs, light manufacturing and office spaces, education, shared services, group insurance programs, and networking to business resources. • Provide networking and connections to local professionals and business people. • Make presentations in order to build awareness about the opportunity to locate businesses in the City of Federal Way. • Provide training tailored to each client • Provide links to higher education and corporate partners. • Assistance to Veterans in returning to the workforce • Collaborate with stafF from the Highline Community College Small Business Development Center and/or StartZone to provide complementary services to business clients PROFESSIONAL SERVICES AGREEMENT - 7- 4/2011 ` CITY OF ;,� Federal CITY HALL W �� 33325 8th Avenue South • PO Box 9718 Federal Way. WA 98063-9718 (253) 835-7000 www. cdyntfederahvay. com • Develop curricula and presentations for regular, periodic (weekly, biweekly and/or monthly) seminars, workshops, etc. on business topics; bring on instructors on emerging topics of interest or particular specialties • Develop and implement marketing activities to grow the client base of the JFSS's / FW Chamber's business incubator, including: o Networking, promotion and presentations at Chamber of Commerce and community events; o Referrals through property owner; o Referrals and promotion through collaboratin� organizations; o Networking and promotion to business consultants for referrals; o Internet, email and social media marketing Develop, implement, analyze and report on client satisfaction surveys. REPORTING • Provide a quarterly report to the City containing at least the following elements: o Number and type of businesses served (actual vs. projected) ■ Client companies served, including number of program "graduates" ■ Jobs created o Financials: ■ Profit & loss ■ Cash reserves ■ Updated projections ■ Funding sources (current and proposed/sought) o Marketing and Program Highlights: ■ Marketing and outreach activities ■ Client progress against program requirements ■ Other economic development collaborations o Number and type of seminars, workshops, etc., provided, including attendance o Other information as may be required by specific funding sources o Other pertinent information and data regarding each quarter's activities, performance, etc. Provide a year-end report to the City, containing at least the following elements: o Summary of the quarterly reports and any conclusory analysis o Summary of the JFSS year-end budget o Overview of the JFSS's successes and pit-falls o Goals and objectives for the following year PROFESSIONAL SERVICES AGREEMENT - 8- 4/2011 ` CITY OF ;,,�..� Federal CITY HALL way 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063-9718 (253)835-7000 www. c�ryroilbderel�ey. com EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Thirty Thousand and No/100 Dollars ($30,000.00) per year in 2012 and 2013, for a total not to exceed Sixty Thousand No/100 Dollars ($60,000.00). PROFESSIONAL SERVICES AGREEMENT - 9- 4/2011 COLTNCIL MEETING DATE: May 15, 2012 ITEM #: SUBJECf Proposed amendments to the FWRC regarding: review process for minor exterior building modifications; review process for ic�rovements to developed sites; review process for a change of use; and nonconforming development standards. POLICY QUESTION Should the City amend the Federal Way Revised Code (FWRC) to modify the review process for minor exterior building modificarions; modify the review process for improvements to developed sites; modify the review process for a change of use; and eliminaie 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 S'raFF REPO1t'r BY: Contract Planner Jim Harris MEETING DATE: May 7, 2012 ❑ Public Hearing ❑ Other DEP7': Community & Econamic Development Sammary: The proposed amendments to the Federal Way Revised Code (FWRC) Chapter 19 would: implement 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: i) Draft Adoption 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 ihe Pianning Commissiods recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Pianning Commission's recommendation as further amended by the LUTC; 3) Do not adopt the Planning Commission's recommendarion. ____.__ _.`.�___ _ PLANN[NG COMMISSION'S RECOMMENDAT(ON The Planning Commission recommends adoption of the proposed amendmettts as written in the Draft Adoption Ordinance. ,�-� MAYOR APPROVAL: DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION I moue to forward the propose�l orclinance to First Reading on May 1 S 2012. 1� READING OF ORDINANCE {MAY 15 2012): I move to forward approval of the ordinance to the June S, 1012, Council Meeting for acioption. 2 READING OF ORDINANCE (June 5 , 2012): "! move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY ClTY CLERKS OFFICE) COUNCIL ACTION: � APPROVED COUNCIL BILL# �By ❑ DEIY(ED 1�` readiag ❑ TABLED/DEFERRED/NO ACCiON Enactmeat reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVLSED — 08/i2/2010 RESOLUT[ON # PROPOSED COUNCIL MOTION(S): ORDINANCE NO. 12- AN ORDINANCE of t�e 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, i9.15.025, 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, i9225.010, 19Z25.100, 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 (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, conta.ining amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 F WRC; and WI-IEREAS, it is in the public interest for the City Council to adopt amended development regulations related to: review process for minor exterior buiiding improvements; review process for improvements to developed sites; review process for change of use; and eliminate a section of the nonconforming development standards; and WF�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 amendcnents 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 Ordirrance No. I2- Page / oj9 Rev 1/1Q LU 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 eiiminate the definition of change of use in FWRC section 19.05.030(C); and WHEREAS, the proposed arr►endments would modify FWRC zoning use charts: i9.210.010, 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; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the proposal on March 30, 2012, and no comrnents 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 Councii 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 i. Findin�s. The City Council of the City of Federai 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 witl 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/I0 LU (c) These code amendments are consistent with the intent and purpose of Tit1e 19 FWRC and wili implement and are consistent with the appiicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantia( relationship to, and will protect and not adversely affect, the public health, safety, and wetfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 1935 FWRC, a�d based upon the recitals and the findings set forth in Section i, the Federal Way City Councii makes the following Conclasions 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: �UP3 Ilse 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, offce, ind�strial, and supportive uses to meet the needs of workers and consumers, in well integrated, well functioning, high guality developments. EDG6 The City will encourage and support existing businesses to remain andlor expand their facilities within Federal Way. EDPIO The City will work with the private sector to actively encourage the retention and expansion of ezisting businesses, as well as bring in new development, businesses, and jobs to the community EDP18 The City will periodically monitor local and regional trends to be able to adjust plans, policies, and programs. (b) T'he 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. Il- Page 3 oj9 Rev 1J10 LU development review process more predictable and simpte 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 for 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 we(1 as City staff, thereby making more efficient use of staff resources. Approvai 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 ciiy. Section 3. FWRC 19.05.030C 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: ' "Ce11-on-wheels (C-O-W) " means a mobile temporary personal wireiess 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. .� 1�1 1. .+ ..,.r I.o I:...:+e,7 t.. � .,F � CcTz�oq� � e � � "Church, synagogue or other place ofreligious 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 retated accessory uses. "Cleaxing" 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 19.135300. Ordinance No. 12- Page 4 of 9 Rev Ul0 LU "College or university" means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schoo(s that grant master and doctoral degrees. This may also inciude community colleges that grant associate or bachelor degrees or certificates of compietion in business or technical fields. Section 4. FWRC 19. i 5.020 is hereby amended to read as follows: 19.15.020 �ee�tiees. Exemptions Permits for the following are exempt from the provisions of process I through N: (1) The development of detached dwelling units on pre-existing lots, except where a iand use process is triggered by the requirements of FWRC 19.i45. (2) Any tenant improvements or normal maintenance on the subject propecty necessary to meet the varied requirements of continuing or succeeding tenants, exce�t as identified in FWRC 19.15.025. {3) The Director of Community and Economic Development ser�ises 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 canoQes installin� or relocatin� windows or doors. The Director ma e�pt other similar improvements for exa �le irn�rovements not visible from ri�hts of-wav or residential uses or zones Projects exempted from nrocess I through N shall be reviewed for zoning compiiance with the associated buildin� mechanical or other permit. Section 5. A new section of FWRC 19.15A25 is hereby added to read as follows: 19 15 025 Zoniag and use review process for new tenants — C6anEe of use at a developed site. The purpose of this section is to review and determine compliance with appiicabte zonin� and development code reqnirements when a new use is proQosed to occ�v an existing or site, excent single family and multi-family residentiat proposals When a land use changes from one use cate�orv in the zoning charts to another use category, a zoning compliance review shall be performed as aart of the use process review when required or in conjunction with the required business re�istration and/or building�ermit review Each par�ph in a zoning chart is a use category, If the new use is in the same use category as anyprevious te�al use of the site no zonin�compliance review is reQUired. 1. Any new use shall com�iv with oniy those standards of the use zoning cha�ts that are directiv related to the new use as determined bv the Director Exam�les include �arkin�„ use specific setbacks use specific special re�u(ations and notes and nonconforming water ctualitv imQrovements identified in FWRC section 19 30 120 Other nonconforming aspects of the site which are not made nonconforming as a result of the chan,ge of use are not required to be brou�ht into conformance as a result of this subsection. 2. If the review �ocess for the new use is equai to or less than the review process reauired for anv �revious legal use of the site the zoning review shall be completed as part of the required buildingpermit ap�lication or if no buildin�permit is required the review shall be com�leted as part of the business registration review Exc�t an�new use that requires Process III (not as a result of SEPA review) or Process N review witl be re�uired to apply for and receive anproval of the use process indicated on the applicable use chart. Ordinance No_ 12- Page S of 9 Rev I/i0 LU 3 If a new use requires a higher use process than the use process for any_previous ie�al use of the site then the ap�licant must a�plv for and receive a�proval of the use process indicated on the anplicable use chart. Section 6. FWRC 19.15.030 is hereby ame��ded to read as follows: 19.15.030 Review processes for improvements and additions to developed sites. Improvements and/or additions to existing developed sites except critical azea intrusions as regulated y FWRC Cha�ter 19 Division V, shall be subject to land use review processes as follows,: , !.,\ Tl.o..o : ..i,.,..Re ..P..�o e � v � > > ' ( i, Minor improvements modifications and additions. Minor improvements, modifications and additions to a site such as parking lot and landscape area modifications and improvements, and/or additions to an existin d� eveloped site that are exempt from SEPA shail be processed using„process I, provided the improvements and/or additions do not exceed either of the followin�; thresholds: (a) 25% of the �oss floor area of the existin use; or (b� 2,000 square feet of new �;ross floor area -(2) Substantial Improvements �eses��. 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�a�l�-be-�esesse� �g-�eses� 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 improvements to a site for a use which requires Process III or IV review shall be reviewed pursuant to the use�rocess indicated on the a�plicable use zone chart. (3) Major improvements . Improvements 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 shall be processed under process III, uniess process N is indicated by the app(icable use zone chart in which case process IV shall be used. f4) Where an improvemendaddition that houses a new and different use is added to an existin d�eveloped site the new improvemendaddition shall be processed under the use process indicated b t�e applicable use zone chart. Section 7. FWRC 19. t 5.090 is hereby amended to read as follows: 19.15.090 Complete compliance required. (1) Generaily�� ', eAn applicant must comply with all aspects, inctuding conditions and restrictions, of an approval granted under this title in order to do everything authorized by that approval. (2� Requests for chan�es or modifications to an �nroved site that has been approved throu Use Process I- IV shall be processed in accordance with section 19.15.030 (1-4). Ordinance No. Jl- Page 6 of 9 Rev UIO LU �3) A request to modify_a Process I— IV a�proval an a�proved site pian or a condition of approval for a pro�osal that has been ap�roved throu;h Process I- IV must be submitted in writinQ to the Director of Community and Economic Deve(opment and/or the Hearin� Examiner based upon the level of the under�in�approved use process review The Director and/or HearinQ Examiner shall have the discretion to a�prove those requests that are consistent with Citv codes The Director or Hearin� Examiner mav require notice to �arties of record and/or adiacent property owners as deemed appropriate. Anv requests to the Hearin� Examiner must be submitted through the De�artment of Communitv and Economic Develo�ment. , • , ee�tgt�at�ea-�ess: e *i,..., F... rL.o o.,:�;...._..re. .. nc�i ..<�..,..... ...,..� .,. 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. , e�� a�s} 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 foilowing ways, the appiicant shall compiy with the development regulations in effect at the time of the proposal, as specified be(ow: (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 Qroposed is occupied by multiple tenants or uses, the appiicant shall comply with those development regulations app(icable 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 app(icant 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 dwetling, the applicant shall comply with the development regulations in effect at the time of the proposal. For sing(e-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 1/10 LU applicab(e requirements ofthis Code including but not limited to provisions related to critical areas (FWRC Title 1�), Division V), off-street parking (Chapter I9.13t) FWRC), improvements (Chapter 19.';� FWRC), and landscaping {Chapter i 9.125 FWRC). (iv) If the increase in gross floor area involves an existing singie-story building in the city center that is nonconforming as to the ground floor size limits established in Chapter t 9.225 FWRC, the existing buiiding footprint shail 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 buiiding in any one consecutive 12-month period, and shall not increase the extent of any other nonconformance. �b�} Abandocunent. If an appiicant proposes any work, inciuding tenant improvements, on property that has been abandoned, the applicant shall comply with all development regulations applicabte to the subject property, to the extent physically or technicaliy practicable on the site. �(e� The use conducted on the subject property has ceased for more than one year, in which case the applicant shail repair and/or restore the improvements on the site (e.g., drainage, (andscaping, curbing, parking, packing lot landscaping, ete_j to a condition as near as physically possible to the condition required by the requirements of approvat 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 a iv f this seetion, 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 ali 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 aiteration, change or improvement is proposed. For purposes of this determining value under this section, improvements required pursuant to this section (nonconforming deveiopment), FWRC 19.30.110 (when public improvements must be installedj, 1930.120 (nonconforming water quality improvements) and 19.135.Q30 (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 1�l.l i� FWRC, Community Design Guide(ines; application of Chapter 19.115 FWRC is governed by FWRC 19. I 15.Q10 through 19.115.100, as amended. This section also does not govern application of development reguiations relating to water quality, signs, or streedsidewalk improvements; appiication of those development regulations is governed by FWRC i y. ;0.1 QD, 193d.110, 19.30.1 ?Q and i.9.1 >>.U20, atl 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 10. 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. l2- Page 8 of 9 Rev 1/lfl LU 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 i l. Corrections. The City Clerk and the codifiers of this ordinance are auttiorized to make necessary corcections 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 ra.tified and affirmed. Section 13. Effective Date. This ordinanee 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 W[TH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED= EFFECTtVE DATE: ORDINANCE NO.: Ordinanee No. 12- Page 9 of 9 Rev 1/10 LU Chapter 19.210. 19.210.010 Office use. The followina uses shall be in the office USE DIl2ECfiONS: F11t57'. rrad down to O � � ` �� U5� � N d c� 04 4 Oftice use, Process medical and 11 dentul otlicr Ite uired Yards u � � � � 6{ a � Sy „u,, .G � '�" C N C L � py V �, � � W in x Z� � a�'' c� �ne l0 ft. 30 8. 30 ft, 35 ft. 6cwe�al 35 R. above ot'tice: 1 for 50 ft. s�vrrage each 3U0 sq, See notes I, 4 tu�d building fl, of'gruss g elrvation tlour arrti ucaupicd by See notes utlice t a�id 8 A4ed'tee�-ae�d dr��►I ai�F+�.�-�-t<� e�+��: #-��-gr�e €1�-u►e�► See note 5 �rn y ' �!'rucess l, II,111 au�i IV ure JesoribeJ in rn� Cha�ner 19 55 FWRC, �� Cl�apl¢r 19.6U FWRC, � Chup�er 19 GS FWRC, � Clm>ter 19.�U FWRC res ectivel 0 � K 12U 1 Y Code AtnendmenblChauga uf UrrWee chunx119-21 U•010 PO Otlicr Ute.UUC' � �+ �� 1. If any portion of a structur� not exceed 30 ft. ubove avera� of'tha residentifd zone. 2. The Yollowing regulatiuns s u. May unly treat smull ani b, MHy nut include outside c, °I'he site must be Jesignc this ef7ect signed by �n ucuus 3.'fhe sale oYgoods and proc 4, Fron� yarJ setback: 1013. i� stormwater facilities are lucal 5. This use may include one � ot�'ice lessee/uperator. The li� rtmaining grounJ tloor area i facility requires one patking; 6. No maximum lot coverage I requirements, i.e., required bi 7. For community design gui 8. �or landscaping reyuireme 9, ror sign requirements that 1 U. Refrr t� Chapter 19.265 I I'or olhcr inFonuatiun ubuut Fur dei:�ils of wha! way excred Por deu�ils regardiug rcyuirnd y Office (PO) to the re�ulations and notes set forth in this section: CHART ZONE PO SPECIAL RECULATIOIYS AND NOTF.S on the subject properry is within 100 ft, of residential zune, then d�at purtio�� uf thr strucwre sh .dl e building elevatiun xnd the struccure shall br srt back u minimwn uf 2 ft, t'rum the proprrty liu� ply to veterinary oftice only: als o�r the subject property. ms ur ndter outsidt fanilities tur the unimals. so ehat noisz liom this use will not bz �udible otl'the �ubject prupeny, bascd un a rrrtiti�•�ue �u :al enginerr xnd tiled with th� development prnnit upplication. sing of materigls are not permitted un the subjact property undrr tliis xction. ntry is visible trom right•of-way and tiont tucade is ! 5% glass; 35 !t. if landsc;ipe bufter .uiJ I in the front yard or 50 tt, if parking unJ driving areus are located in th� I�uni yurJ. :essory living facility per structure. The tiving faciliry must be occupie�l by the owuer or ihn ig facility may not exceed 50% of the gross floor areu of the ground Hoor of the structure. 'I'he �st be occupied by ot3ice und the ofticn entrance must be oriented [o the right-of-w�iy. Thc living ace in addition to parking required for the oftice. � established. Insteud, the buildable azea will be derer�nined by ucher �ic� dcvelupmen� Fers, parking lot landscaping, surface wfitcr fucilities, eic. lines that apply ro the project, see Chaprer 19; I IS FWRC. s diat epply to the project, see Ch�ptrr 19.125 FWRC, �ply to thc project, see Chapter 19.14U FWRC. VRC to determin� what �d�cr provisions ol'this ch�pter may apply to th� sub pruprrt� anJ purkiug prras, xee Chupler I'J.13U FWItC, hni�lu liwil, ser FWRC 19.1 IO USU rt sry. , sc�c FWRC 14.125.IbU et ony. 19.210.a30 Covernment facility, nublic narks, aublic transit shelter. The followina uses shatl be perniitted in the arofessional office (PO) zone USE USE � uix�c. O � � � � � v '� > �� ,� y s Government Pro�ess None facility, lll �4ie-�ks See �ie note 4 �siE Re uired Yazds '� 4 � � u s � ci '�i, a x v�i For transil and 35 fl, ublic: azks: abuvr 0 ft. 0 ft. 0 ft. average For government building £acilitv� Clevatiun. See notes l and 6 see notes Public Rarks 1 And 9 p,�iblic cransit Procnss 1, 11 , III 0I1(I I V:1fC t�CSI'I'IbC{� III Chapier 19.55 FWRC, Cliap�er 19.60 PWRC, Chap�or 19.63 FWRC, Chapter 19,9U FWRC respectivelY. � � � � � � �� . �� .�.� .,� ' K\:U13 Cude AmruJiurhts\Change uf Uxk�se chans\I9�:IU.U]U I'U Gcrvrnuuenl Puiiliues d�i: 4 „r•' '7'1 � 4 � � e i C O' � a r� Uetarmined I. lf any portion ul'a strui on u case• structure shall not exceed by-ciase Prom the property line of bgsis. 3, It'determined necessar landscaping or buffers on 3. Proposed parks must b 4, No meximum lot covei requirements, i,e., requin 5. For communiry design 6. For landscaping rryuir 7. Fur sign requirements 8. Refer to Chnpter l9.2E �). Minor and suppurting height limitt►tiun provide� signiticandy impact adju� CHART zorrE PO forth in this section: SPECIAL RECULATIONS AND NOTES ture on [he subject properry is within IOU lt. of a residential zone, then tliut partiun uf the 3U ft. above average building elevation and the structure shall br set back a niinimum uf 20 li. he rosidential zone. � ro mitigate visual or noise impaccs to surrounding properties, d�e city may rcquire uJdilionxl a case-by-case basis. ; consistent with the ciry's adopt�d comprehensive p�rks plan. age is estab(ished. Inst�ad, the buildable area will be deterniined by oiher site developiunnt d butl'ers, parking lot landscaping, surface water facilities, etc. guidelines that apply to the project, sce Chapter 19, I 13 FWRC. �ments that epply to the project, see Giapter 19.125 FWItC. hut apply to the project, ser Chapter 19.140 FWRC. S FWRC to determine what other provisiuns uf this Chapter muy apply to lhe suhj�ct pruprrfy. uuctures cunsvucted us � function;�l requirement ul'public p alks mu)• e.rrred thr appl�cablr that the director oFcommunity efevrlopment s�rvicrs d�termiues thtit ,ueh strticlurrs ,vill uut ent prupertirs. I��r u�her intunnouou utwut �arkiu� aud parkiug arans, ser Chnpter Iy.13U FWKC'. I�or deiails uf wlwt �nay exce d tl�is height luuit SCC I'WRC IY.I IO.USU CI, SC(�, Fur detailx reguniing requirec, yar�s, see FWRC 19.125.160 et seq. Chapter 19.215. Neigh 19.215.010 Office/retaii. The followine uses shall be nermitted in the � z 0 � � USE Office use Retail establishment selling groceries, produce and related items; drugs and personal caze products; books; liquor; hardware, garden, retail nursery stock and related items (excluding � bulk retail); � household goods and � fumishings; �... clothing, variety, � home electronics, �,,-„ sporting goods; signs; or works of art � � See note 13 � � DIRECTIONS: FIRST, read down to find use ... THE Minimums � Re uired Yards � x L 0 � � °� M � L � �� •� M a u � eo ;o aa' . w v� a xv� Process None 0 ft. 10 ft. 10 ft. 35 ft. above 11 average See See notes 3 and 9 building note 7 elevation See note 3 Process !, !l, lll and 1V are described in Chapter 19.55 FWRC, ,, Chapter 19.60 FV✓RC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. � '.� K:�2012 Coda Amendmenb�Change of Ua�uee ehorts\19-215•OIO Oftice Reuil dreR 2 DOC business (BN) zone s USE across for REGULATION; � �� c a a Bnsiness (BN) � the regulations an CHART notes set forth in this section: ZONE BN SPECIAL REGULATIONS AND NOTES General oftice 1. The hours f operation of retail uses may be limited to reduce impacts on nearby residential areas. and retail: 1 for 2. Assembly r manufacture of goods on the subject property is permitted only if: each 300 sq. ft. a. The ass bly or manufacture is clearly accessory to an allowed use conducted on the subject property and is of gross floor directiy relat to and dependent on this allowed use; and area b. The ass bled or manufactured goods aze available for purchase and removal from tl�e subject property and are for sale o ly to retaii purchasers; and Medical and a There ar no outward appearance� or impacts from the assembly or manufacture, dental office: 1 3. If any porti n of a structure on the subject property is within 100 ft. of a residential zone, then that portion of for each 225 the structure all not exceed 30 ft. above average building elevation and the structure shall be set back a sq. ft. of gross minimum of 0 ft. from the property line of the residential zone. floor area 4. No outdoo use, acdviry or storage is permitted except as follows: a. Nursery tock for sale on the subject properry may be stored outside. Determined on b. Seasona items such as Christmas trees, pumpkitis and locally grown produce may be srored or sold outside, a case-by-case provided that is activity is located on the subject property as far as possible from any residentiai zones and does basis for mixed not unreason ly interfere with nearby residential uses. uses 5. Aecess to d from drive-through facilities must be approved by the public works departmen[. Drive-through I facilities mus be designed so that vehicles will not block Vaffic in the street while waiting in line and will not unreasonably 'nterfere with on-site traffic flow. (Continued) For other infon�ation about pazking aud parking azeas, see Chapter 19.130 FWRC. For details of w at may exceed this height limit, see FWRC 19.1 I0.050 et seq. For details re 'ng required yards, see FWRC 19.125.160 et seq. 19.215.010 � � G � r^e �• x DIRE( C � � o C � a .� �� USE a � providing banking and related financial services !�[etail establishment providing laundry, dry cleaning beauty and barber, video rent�l or shoe repair services Othcr retail uses not specifically listed in this zone See note 12 iL (Continued) USE f'IONS: FIItS'T, read down to find use ... THEN across for REGULATIONS Minimums Re uired Yards y u ,�y� O � 'd � u op � .',: :� g o b � ;�' u �`d ..°� w` v� a x� cx a Process I, ll, lll and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter �9.65 FWRC, Chapier 19.70 FWitC respectively. 6. The following regulati a. May only treat sma b, May not include ou c. The site must be de diis cffect signed by an a ?. No maximum lot cove requirements, i.e., requir 8. For community desigr 9. For landscaping roquii 10. For sign requiremenl 11. Refet ro Chapter 19.: l2. May be approved by with adopted comprehen 13. Gross floor area of a Fw other infa•mation about For details of what may For details regardin�t re� �, m � �� ;;� � � �� 12012 Code Aroe�men[s�Change of UseWce tharta\19-215•010 Offiae Rneil draft 2.DOC N CHART ZONE BN SPECIAL REGULATIONS AND NOTES ms apply to veterinary o�ce only: animals on the subject property. aide tuns or other outside facilities for the animals. igned so that noise from this use will not be awdible offthe subject property, based on a certiticate to ;oustical engineer and filed with the development perntit application. age is established. Iqstead, the buildable arta will be determined by other site development d buffers, parking Iot landscaping, surface water facilities, etc. guidelines that apply to the project, see Chapter I9.115 FWRC. ;ments that apply to the project, see Chapter 19.125 FWRC. that apply to the project, see Chapter 19.140 FWRC. 65 FWRC to determine what other provisions of this chapter may apply to the subject properry. he direetor esf community development services if the proposed use is detennined to be consistent ive policiesforthis zone. y one of these uses may not exceed 40,000 sq. ft. and parking areas, see Chapter 19.130 FWRC, this height limit, see FWRC 19.110,050 et seq. ards, see FWRC 19.125:160 et seq. 19.215.080 Covernment facility, gubtic aarks. trAUSit shelter. The followin� uses shall be permitted in the nei�hborhood business (BNl zone su USE ZON� CHART z UItLrC1 lUNS: h'1KS l, read dc p Minimums Q Rec uired ' � � � � � 0 . L u $ � � �,�E: � � s ° � w �: Guvernment Process None Guvernment t'aciliry, �1id lll farilit ; t�s-c�l 20 tt, I U ti. u � H►++�� hublic arks: r �� Determined un e Public �u� t'ublic transit T!S!!Ll4s' 0 H. U ft. 0 fl �� ' Se� notrs 1 tuld S Pr��rss 1 I'ruc¢sa I, II, III �id IV ur� dc�rribed iu C'hapter 19.55 FWRC, C'hapar 19.4U FWIZC, C;hup�er 19.G5 FWRC, Chaptrr 19.9U fWRC rcspactivaly. O .v, C W St sh 35 tl. abovc avrrage building elevatiun See uutes I �nd 8 �r � N u c �a� �� DricrminrJ l. lf'any portion uf u sui on a cau:- the SUU�1urc shall not tK byr<ur minimum uf 2U ti, tium b�is 2. !'ruposed purks must 3. No niaxinwm lot cuv� devrlopment reyuiremei 4. For communiry desigi 5. For la�idscuping reyui 6. i�or sign requirements 7. I�eter tu Chtipter 19.2 pruperty. 8. Minor and suppurtinE �ipplicuble height limit�l structures will not siw�il Pur uther iufunnaiiuu .�bom Pui' details ul whul may Pur details rrgurding s l�r�'' � � � � �� . .� ir � O K�2U12 Cude �meudment�t�Changr uf Urn�u�te churtAl9-? I S•UtlU BN Governmem Pu.iliiy Juc � N V� lations and notes set forth in this section; ZONE BN SPECIAL RECULATIONS AND NUTES :wre un �he subje�t property is within IUU li. ul'a rrsid�ntiul xu�x, Qirn ihai pvrtiun ul erd 3U ft. ubave uvrruge building tlevution auJ lhr suualure shall br s�t b;ick ;� he proptrty line ut the rrsidentixl zone. r consistent with th� city's uJupted cumprohrnsive p:ul� plau. ragr is established. lnsteacl, the buildabte :ueu will b� det�r�uined by uthrr si�r s, i.e., required butters, parking lut landscaping, surfacr water tucilitics, rtr. guidclines thnt apply tu tha pruject, sre Ch apter 19.1 I.5 fWItC. ements that apply w the project, see Chxptrr 19.125 FWItC. thnt upply W the project, see Chapter 19.140 �WRC. �5 FWRC to derermine what other provisions of this chupter ivay upply w thr suhjrci uctures cunstrun�rd as a Yiinc�ional rcyuiremen� ul' publi� purks may �xcreJ th� providrd thut thr direator of cwnmunity Jevrlupmant servic�s dctrrminrs that ,ucli itly impact adjacent prupertirs. rking anJ parking areae, a�t Chrpicr 19.13U F� Wkl' J ihis I�rigln liroit, set FWkC 19J I0.05U et seq. yurJs, ser FWRC 14.125.IGU nl seq. Chapter 19.220. Commu�nity Business (BC) � � � � m '� � +e� �� V � � W 19.220.O1U Of}'ice/retafl — Manufacturing unci production, limited. The following uses shall be permitted in the communiry business (BC) zone subj ct to the re�ulations and � b��Hc O N a � G W 7 a '8 3 USE �.y 4' � Medic•rl and dzntal ot7iccs, Proce3s bankinb, tinrnciul, renl or wi�h eswte, insur�uce, wiJ oiher SEPA, professiunrl oRices; Process rrseurcli und drvelopwrnt Ill tuciliiirs whuse prim�rY purpuse is uot pruduci tesUng. Ueucrrl und s�xxcialty rctail 8J�C3� AS 1�0�1fIC� 10 lIl1Y chaptrr, wliich iucluJns, but ix nut necessarily IimiteJ to, pruJucls such a� grcx:crizs, produce, wid re►ated items; drug� and (Contiuued) Procrss 1, !I, 111 and IV ,ire deacribrd iu Chup�er 19.55 FWRC, Chapter 19.60 FWItC, Cl�aptrr 19.65 FWRC, Chaptrr 14]U FWRC rnspectivnly K:�2012 Code Amendments\Ch�nge of UuWu chena\I9420.010 BC Oftict, Re�ail, MawRcwriny,DOC s: �i � °3 � ° � N L � O � � W C ..°� u`, rn a x v� Nuue 0 ft 011 0 fl 35 fl. abuve Esce 120 H. °°rr� r � � buildmg alung elrvation residenli;d �nAliE) io SS zuues Il AAIiE auJ e.. I d') a � � m � � � a � 6anrrnl�+ue USE�ZONE CHART for ItE ULA'fIONS set foi�th in this s�rti�n; ZONE BC SPECIAL RECULATIONS A1Vll NOTCS I. If pprovrd by thr director uf rommuuity drvelopwew a�rvie�3, d�� h.�gh� ui a stn�euur may .xcrcd 3> R. a ve avrruge building.levatiun (AABE), to a iriaximum utii li. AAfiE auJ 1'uur Ilo��rs il' alI �f �I�u 1'0llo iug criteriu are met: (u l'he a.lditional heighi i� urce�sury w u�cummudute thr suueiural, r.µuyurcm, u� vprralwuul ure.ls ul' the u n cuuductrJ iu �lu Ludduig� wiJiur :dl gfuuuJ lluur .p:iccs liav� a mmimum Il�uri�rrcdwE�. 6��Id vl' I 1 A auJ u �uinimum d.pdi ul' I i li : I fur euch 3UU aq. li of bross Ilour ❑1'CU .� nuiea au fuur Ouors A�M1edwnF++r+d � Neibin curoplias wrtli iwle 3, brluw; elewtnl-rF�irr-� (r Hn�ght over 15 fl. is s�t buck ti'um uuu-resideul��l zunes by uue tt lur eacli un. li ul' I�.•�glii .,v�i ) 3 See nutas I.wd i'er�nar�23�K R.', a� J 3 �+}ei+r (, RUUI IIOCY.11'C 1I�51�I1�tI 1011VUIlI :i prrdunuuuntly Ilut AIIII I�:1lUlYII'i5 ��)�1CUI:illl'C IIIIUJE:II Vl�l'I:IIIUII] nr�t iu ro f I�ni�lu, Funns, mi�lex, illl(I III�ICYI:IIY. 2. Th 1'ullowiug regulatious upply ro vetrrin•rry uflice unly: Mixed uses nnd u. uy only treat smrll anim•rls on the subjrct proprrty. lin�ited b. uy nW include outsiJe runs ur uiher outside f'acili�ios Yor thr auim•rls; ut6eiuix., usr ,h:dl be msmufacturi��g revir ed under FWRC 19,22U.04U. end production: c, e site muxt br designrd so that uoisr frow this usa will uoi be audible u1T ih� subjeci pruExi q-, �aseJ ou a ettitica�e lo this elTecl signed by �u� acouslicul eu�ineer wid tiled �viili thr devclupmcu� pernut DetennineJ un •r appli •rtion. crse•byeuse 3. Bu Iding hcight may not rxceed 30 N. AABE wheu locattd withiu I W Il. of a residruual zuur. brsis 4. Ac ess to und Protn drive•�hruugh fucili�its must lx appruvrd by the publir wurks drparuuent. Drive- throu h fucilitirs wust br desiWied sn Ar.0 vehiclrs will uot Gluck a�llic iu Ihr su'r�c wlul. ��aitiug iu line aud ill not unreu3unably iutnrtere with uu-site traflic fluw. Fur o her iufurmution aGow parkiu� auJ purking are:��, sca Clinpter 14.13U FWItI'. For J tuils of whet may exceed thia hright limii, sre FWRC 19.1 I UASO Ct. sey. For d t�ils regurding reyuired yurds, srr FWRC 14.125.1GU e� Yeq. 19.220.010 z uix�c O � y � � O ° u .a � � o�c USE personalcare products;books; liquor; hardware; garden, nursery or agricuttural products, and related items; household goods; clo�hing; variety; home electronics;spotting goods; signs; second hand merchandise; antiques; e� � works of arr �etail establishment providing laundty, dry cleaning, beaury and barber, video rental, shoe repair, printing and duplicating � services � Manufacturing and production, C. fimited (see note 5) •-- � Other rotail not specifieally � listed in this zone, excluding bulk retail as defined in this chapter. See note 12 :turing and production, limited. FIRST. read down to find use ... THEN. h . `� :: r� n a o v x� � � v �� „ rn �/�1 Process 1, II, [II and IV are deseabed in � � Chapter 19.55 FWRC, .� Chaptar 19.60 FWRC, � Chapter 19.63 FWRC, Chapter 1990 FWRC rcspxtively. ia � � � K:\2012 Code Amendments�Cheaa{e of UseWse chans\19•220�010 8C Oftia, Retail. Manuhcturinµ REV drwft 2.DOC � ZONE CHART iULATIONS ZONE BC SPECIAL REGULATIONS AND NOTES 5. I the adc 6.t 7.1 de� 8. I 9,1 10. Il. suE 12. nufacturing and production, limited, as defined in this chapter, or similaz uses as may be approved by •ector of Community development services, if the proposed use is determined to be consistent witli ;d comprehensive plan policies for this zone. door use, ecdviry and storage is regulated by FWRC 19.I25.170. maximum lot coverage is established, lnstead,.tlte buildable area will be determined by other site ipment requirements, i.e., requ'ved buffers, parking lot landscapin�, surface water Pacilities, etc. community design gt�idelines that apply to the project, see Chapter 19.115 FWRC. landscaping requirements that apply to the project, sa Cl�apter 19.125 FWRC. �r sign roquirements d�at apply to the project, see Chaprer I9.140 FWRC. :fer lo Chapter 19.265'fiWRC to determine what other provisions of this chapter may apply ro �he t property and tlx project her retail uses may be approved if the dircctor of community development services determines tl�a� �he :teristics and impacts of the pmposed use are analogous to other listed uses and the proposed use is ,tent with adopted comprchensive plan goals and policies for this zone. For er information sbouf parking and parking areas, see (;hapter 19.130 FWRC. For tails of whet may exceed Ihis height timit, see FWRC 19.110.050 et. seq. For etails mgarding required yards, sa FVJItC i9.125.160 et seq. � 19.220.02U Entertainment — Cenerally. 1'he followin� uses shall be f/� t11KL'l. z O F � N � � a b � � � � � rn � ;r • r� �r � Q � V � in the to tinii usr . , . business (BC) zone USE acruss fur REUULA1'1( N U a c� G ` �p Nl � �� a+ ?4 ` 7 :d v, a Zv', �a U fl. U ft. 3i ti. ltest�urant: L"•rcept2U above tforraeh li. alung �verag� I OG sq. 8. a residential building gruss itoor zun�s rlevatiun :ueu 5er note� 7 (AABE), �ervicns ur Sre nutes w 55 li. I�'�sl fooJ uclivities I:utd 4 AAl3l' restaur;utts; anJ 4 I ti�r euch !'rivute club or tluurs 8U sq. ft. lodge ust. � a N . �.y � c 0 cY � a �.ti. Retsil Process II None 0 R. rstablishment or with providing SEPA, rntenainment, Prucess rccreu�ional or III �ultural Healtl� club, �� t+�iAg-�u��e• induur pistol rang�,bingo haU and relateJ uses (excluding gambling uses as detined in this chapter) Golf course xnd drivine Restaurunt or tavern Fest fcx�d rrstnurant Procesa l, ll, lll and ! V�re drscribed in Chupirr 19,35 FWRC, See notes Othrrwise I nnd 2 determine� un �i case- bycasr besis K.12012 Coda Ame�ments�Chan�n of U�e1uu chuca119d20•010 BC Entendnmem DOC I,!f approved by thr dird ;rveragr building elrvatid met: (n)1'he additional hai cunJucted in the buildinE minimum depth uf 1� ft,; (b) I.leight Cuinplirs v (c) !-Icight over 35 tt. (d) Itcwf lines are des hcight, fonns, angles, am 2. Building height muy n 3, Access to und tiom dr 1'aciliues must be design� unreosonably in►erfere w 4. Fust fcwd restauran[s r 5. No maximum lot cove requirements, i.e., requir 6, For eummuniry desigr � 7. For landscaping reyuii 8. Fur sign reyuirements 9. Refer to Chapter 19.2� lU. Minor und supponin. exceed the applicable he sueh structures will not : For other inforn�atiun about to the re�ulations andliutes set forth in this sectiun: CHART ZONE B � SPECtAL RECULATIONS ANU NU7'CS ur uYc;ummunity Jevr�upmrnt scrvices, dtr height ot'� structurc niay.xceeJ 3> li, ubu��e (AAdE), to a muximum of 55 ti. AABE and Cour Iluurs, it:dl uf th� lulluwiug �ritrria aro it is necrssary to uccummudat� the structural, rquipment, ur operutional ncrds uf thr us� and/ur all grouncl tloor spaces h�ve a minimum tloor•to-ceiling heigh� ut' 13 It. anJ a th nutr 2; � set back tiom non-residrntiul zunes by one tl. I'ur rach un� ti. uFhaigtu u��er 35 tt.; and ;ned to avuiJ a prcduminandy 19at and feawreless appearaince thruugh variations in root ntateriuls, t exceed 3U ft. AABE when loc�ted within lU0 K. ot'u rcsidential zune, e-thruugh tacilities must be approved by the public works Jcp�nment. Drivr•thruugh I so that vehicles will not bluck trut�'ic in the street rvliile wuiting in line und will nut h on-site trattic flow, ust pruvide onr outdoor wnste rec�ptacle for evrry eight parking spaccs. age is established. Instead, tht buitdable area will bn drtermined by uther sitc develupiucnt � buiters, parking lot landscaping, surfac� watrr Cacilities, eta guidelines that apply to the projrct, see Chapter l9.! IS FWRC, ments that apply to th� projert, set Chapter 19.125 FWRC, hat epply to the prujec�, see Chaptrr 19.14U FWftC. > FWRC to determine what uther provisions ofthis ehapter may �pply tu th� subjzct pruperty. sauceures consuucced as a functional requirement of gnlf cuurses and golf Jriving r;iuges may r,ht limitation provided that the director of communiry development servic�s J�termines thtu gnitic�ntly impnct iulj�uent pcoperties. and parking areas, see Chnpter 19,130 FWRC, 19.220.030 Vehicle uncl eyuipmeut sales, service, repair, rental — Selt service 'fhe following uses shall be permitted in the rommunity business (BC) zone s USE R�GULA'1'1 � � � �, rn � ,�.. :.� � Q � � � � � � � � USE � � uChIC�� StCVICr statiun or ear +vush Itetail establishment providing vehiclr, buat, ur tire sul�s, service, repair, passeneer vehic;le rental jncludjpg movi trucks andJor painting Merchandise nnd equipment rental I facilities, lexcluding heavy eyuipment rental Tow or t�xi lots N L � _ � 3 � � ' Q,.; N C u �a � w � i�rocess u rvone venici� service or witli statiun, tow or taxi SEPA, lots; slorage Process f�cilities: I11 40 ft. I S ti. I S N �uipment rental Except side end rear yazds along residential zones shall be 20 ft. (all uses) 5ee notes 4, 7, and 13 ;e ft�clllties. to the regulations and notes set forth in this section: NE CHART ZONE B� SPECIAL RECULATIONS AND NOTES 35 ft, Retnil -I2iwEul I. !f approved by t e director of community develupment services, the height of� structurr may exceeJ 35 11. above and rentul ttbove averuge buil ing elevation (AAEiE), to a mnximum ol' S5 ft. AABE, if nll uf the Polluwiiig criteria arc roe�: �v�r�ge facilities: (a) The addition I height is necessary to uceommodate the structural, eyuipmenc, or operaliunal nceds uf the usr bui►ding 1 for each cunducted in the b ilding, and/or ull ground tloot spaces huve a minimum tlourto•ceiling height of 13 li. tind a elrvution 3U0 sq. tt. of minimum drpth ot 1 S ft.; (AAIiEi) gross tloor (b) Height cump ies with note 2, beluw; iu �5 ft, arca (o) Height uver 5 ft, is set back f'rom non-r�sidential zonrs by one fl, fur each one ti. ot'hei_,ht ovrr 35 t9.; :ind AAFiF: (d) Roof lines ar Jesigned to avoid a predominwitly dut and fzxturcless uppear�uice itirough variatiuns in ruof Otherwisr: height, forms, ungl s, w�d mnterials. See ��utes Determined 2. Building height ay not exceed 3U tt, AABE when located within lU0 ft, ot'a residrntial zone. I and 2 on a case-by- 3. May not be mor than two vehiale service stations at sny intersection. case basis 4. Gas pump islan s, canopies and covers over pump islands mny not be closer than 25 fl. tu a�iy property liue. Outdoor parking d service areas may not be closer than 10 ft, to any propeny line. If g:u pump island is un the See note 8 side or rear and st ion includes mini-mart, front yard setback is zero fl. 5. Vzhicle service tations may include commerciel vehicle fueling facilities only when: (a) The faCilittes constitute a secondary use end not the primary use of the site; (b) The facilities are located to the reer of the principally permitted structure; (c) The design d appearance of the facilities are similar to the principul fac:ilities on �he sita; wid (d) No overnigh parking areas or sleeping sccommodations ate provided on the site. (Continued) YarJs L O L' � s � � � � ,� � �g� 4� � t/1 i�C 4 Pro�:ess 1, !l, lll end lV ere described ii� Chaptor 19.55 FWRC, Chaprer 19.60 FWRC, Chapter 19.65 FWRC, Chstpter 19.90 FWRC reapectively. K.�2UI2 Coda Amrndmrna�Change of Useluxe chans\I9•2:0•O�U BC Vahicln Salrs and SeIPSwvice Storage.DUC Fw other inforroation�nbuut parking wid parking arras, sre Ch�pter 19,13U FWRC. For Jetails of what m�y exceed tl�is hei6ht limit, see FWRC 19,1 IO.OSU et sey. For detail� regarding �equired yards, sen FWRC l9.123.1G0 et sey. ^ � � �J � rn �� 4 '� N � 19 us� 0 Vehlcl� D1REi z � y � � W � � oG a oc Self service stornge facilities; storag� of recreational v�hicles nd equipment sai tl � 0 � I'rucess l, ll, Ill and 1V ar� deseribed in Chapur 19.55 FWRC, Chap�er 14.60 FWRC, Chbpter 19.6SFWRC, Chapter 19,70 FWRC respectively, F � c,�`. � a"' ice, rep�ir, and rental — Self se USE use .., TNEN, acruss Pur REGULA'f1C � o : .e � •�' 2 xti 6, Auto and boat boJy r a. Building layout an nei�,rhboring uses and nE or discharge of hazardo� b. All operations, ser 7, Except for principal : permitted struCture 8. Mechanical repair, bc prepared by the applica� 9, No maximum lot cov requirements, i,e., requi lU. Exterior stocxge of i I l. Selt=service storage 12. For cummunity des! 13. For Isndsceping req l4. For sign requiremer I 5. Rel'er to Chapter ! 9 facilities. (Continu CHART ZONE B � SPECIAL REGULAT[ONS AND NOTES iair and/nr painting may be permined under this se�tion only if: design mitigates impnct ofdust, fumes, noise, glare, odor, or any other discharge on ual systems; proteets neighboring uses and natural systems from accidental spillage, leakage, material and pollutants; ce, painting and repair must be conducted within enclosed buildings. les lots, outdoor storage areos shall be located to the rear and/or side(s) of the principully iy repair, and painting, shall provide adequate parking for c;ustomers, based on a purking study and subject to acceptance by th� director ol'community development services. �age is established. lnstead, the buildable arex will be detnrmined by uther siie devrlupment ;d butt�rs, perking lot landscaping, surface water fucilities, etc. creational vehi�les is permitted only when it co•locutes with a self-service swriige tacility. acilities may include ane accrssory living facility. n guidelines thxt apply to the pruject, see Chapter t 9.115 FWRC. irements that apply to the projnct, see Chapter t9.125 FWRC. 3 that apply to the project, see Chaptrr 19,14U FWRC. :65 FWRC to determine what other provisions of this chupter may apply W the subject �or othrr infonnation about arking and parking arnas, see Chepcer 19.130 FWRC. For details of what may exc rA ihis hei�lu liniit, see FWRC 19.1 IO.OSU et. seq. For details rcgurding roquir yards, see FWRC 19.125.160 et seq, K\2012 Cude Amandmenls\Chunge uf Usrlux chane\I9•220•U)0 BC Vrhicle Sales and Se11=5ervice Swrige.DOC � Q N ` 5 c� o� 19.220.11U Government facility, nublic qArks. transit sheiter. The followin� uses shall be periliitted in the communiry business (BC) zone USE USE � ------ O ., F■ N � � 0. �7 �� aa Oovernment Process tacility, p�+�l+e II �� or 4vith t�ttr�sit-s#�4tr� SEI'A, Ptocess 1'ublic k'arks UI y � rend duwn to find use � W � � u � w 'r�i"� 0. �. 0 x � y� � � C L .��" C � � �� facilitits: 35 fl, on a case- 0 ft. 0 ft. above average by-case Excep[ 20 N. building elevation basis fdong (AABE) to 55 ft. residrnlixl A�� rnnec $C� f101� � Public trunsit public parks; shelter Tt��!! Determined on a �'ublic parks: shelter: case-b -case basis Detrrmined on a Process 1 Transitshelter: cuse-by-case „ „ „ � „ n basis Except 20 ft. along Transit shelcer; residentia! zones 15 tt, above See note 6 avrrage building eleva[ion (AABI:) � � � � m � ,�.. �:� � � Q � � � Sre notes l, 3, and N Procrss I, ll, III und lV are descnbed in Ctwpier 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWitC, Chapter 19.70 FWRC rcspectively. K\2012 Code Amnndmentx\Chan�e of UuWab chena119•220.110 8C Ouvernment Faciliry.DOC t. lf approve 35 ft. above � criteriu ure rr (n)'Phe ad� of the use eu. height of 13 (b) Height (c) Height 35 ft.; �u�d (d) Roof li varintions in 2, Proposed � 3, Building h 4. No maxirr 5. for comm� 6. For landsc 7. For sign re 8. Rel'er to C subject propc 9. Minor and the xpplicabl determines ti For wher ii Fur dntails For details the re�ulations and notes set forth in this section: CHART ZONE B � SPECIAL REGULATIONS AND NOTES by the Jirector of communiry development services, tha height ot' u structure may excerJ erage building elevation (AABE), to a maximum of 55 ft, AABE, if all of che Culluwin� ional hei�,tht is necessury tn accommodate the structurul, equipment, ur operational needs ucted in thr building, unNor all ground tluur spaces have a minimwn tlour-w-ceiliiig and a minimiun depth of I S d.; �mplies with note 3; • er 35 ft, is set back t�am nune-residential zones by one ft. for each unc N, of hrigh� uver are designeci w avoid e preJominantly flat and teutureless appearancr through Pheight, torrns, angles, and materials. s must be cunsistent with the city's adupted comprehensive park plun. n may nut exceed 30 ft. AASE when lucated within IUU it. uf a resiJential zune. lot coverage is established. lnstead, the buildable area will be determined by uther sitr uirements, i.e., required butlers, purking lot landscaping, surPace wtttnr faciliiies, au. y design guidelines that apply to the pruject, sez Cliopter 19.115 FWRC. ig requiremrnts that epply to the pruject, see Chapter 19.125 FWRC. rements thAt apply to thr project, see Chapter 19, l4U FWItC. ter 19.265 I�WRC to determine whut uthtr provisions of this chaptrr muv appl,y tu thr ppurting structures construetrJ a� a funetionid requirement of public parks may �xceed tight limitntion proviJtd that thr direcWr uf cummunity Jevnlopnunt servic�s such suuctures will iwt signitictuuly impact udjacrnt prop�nies. un aboul parkm� and parking a�tias, see Chapler 14.130 PWRC. �nay exceed thia height limit, �ce FWRC 19,1 IU.O50 rt. snq. ig required yards, see FWRC 19,125,160 et seq. � � � � .� .� � 6 � � ""1 �! gJ �v 19.225.010 Office use. The followin uses shall be p� ,-�� DIRECTIONS: F1RS7' rea� O ., � R � � OG �. y y G USE � a .a w Otlice use, Process ll Nune 0 ft. medical and See dental oftice Possible Process Ilt See note I Process 1,11, Ill a��d (V are described in Chaptnr 19.55 �WRC, Chapter 14.6U FWKC, Cliapter 19.65 FWRC, Chauter 19.90 FWRC resnectivelv. (Continued) re (CC-C) the regulations and notes set forth in this section: CHART ZONE CC-C SPECIAL REGULATiONS AND NOTES �g process III, modify required yard, height, landscape tutd buffer tuid uther site Jesign and nents for a proposed developmrnt that meets the following criterix: evelupment will be consistent with the adopted comprehensive plan policirs for this z.un�; and evelopment will be consistent with applicable design guidelines; anJ ies, and uther intiustruc:ture in the ttrea are adequate tu support the prupuscd devrlopment. sy be increased tiom the permitted outright height of 95 ft. tu 1 I S tt. in exchan;e tiir pruvidin� tscape amenities, as defined in FWRC 19.115.040, alung the ti�;ht•ot=w.iy; the siting and I be tipproved by the director. Building height muy be incre��sed 1}om i I i ti. W 145 li, in ng public on-site open spacr in accurdance with FWRC 19.I IS.U4U, or pa�munt ot':u� a of providing the on-site open spacr. Use uf the ultnrnative Fee•in-lieu shull be at thr dirccwr'� faaors such as cunduciveness ol'the site ur develupment plan Eu public uprn space, :mJ ipen space projects in the immediate vicinity of the site, The procedurr and t'ormula fur pen space and ulternative fee-in-lieu shall be approved by the city council, udopted by th� ty development services, shall be on tile in the city clerk's oftice, and shall be i'ullowed anJ �d eftect os if set forth in full in diis erticle, l'ublic on-site op�n spacr uuder this section sh�ll bn her outdoor space or landscape area required by this CoJe. ve-fuot building setback is allowed adjsuent to principal pedesUian right(s}-ot=way, �u irecror, unless: it is precluded by existing site improvements, easements, wpography, or ulher etermined by the director, or to allow streetscape wnenities, public on-site upen spacr, ur nther t(s) or improvements approved under Chapter 19.1 ! 5 FWRC, The minimum building se�back :rty lines is the same as the perimeter but�er as reyuired by Chapter 19.125 FW1tC'. For othrr ini'ormniion �bout parkiug und parki��g ereass, sen Chaptrr 19.13U FWRC. For da�ails oCwhat m tlXCCCd II113 Mtlglll Illlllf� 8CC FWRC Iy.I IU.USO Cl YCI�. Fur details regarding quired yards, see FWRC 19.125_l60 et sey._ _ K.�2012 Cwle Amrndmente�Cheugr ot'UwW�e chrna\I9425•010 CGC Otlice.duc Chapter 19.225. City C tted in the city center core (CC-C) zone subjec USE Z( �n to find use .,. THE across for REGULA'1' nimums ed Yards � � � `� o � N V � W r �+ ? � C n a �� aa 0 ft. 0 ft. 95 fi., I I S 6exeFUi 1. The city may, u: notes 1 and 3 ft., or 145 e#�iee: i for dimensional requir ft. each 3U0 sq. a. The pruposed li. of'gruss b. The proposed See no[e 2 tloor greu c. The street, uti 2, Building height PAedi�►l-�uad publicly visible str �'°°•°�P design of which sh �4i exchunge fur provi �3-s�,-Fi-e#' alternative tee•in-I gress-llee+ discretion, based a a� existing or plannec calculsuing on-site See note 14 director ot'commu huve the full force in addition to any � 3, No more than a determined by the site constraints, as architec[ural elem� along nll o[hrr pra �, m � � rn '� ,� .� r � � � \.r� 19.225.O10 Office use. Continued USE z DIRECTIONS: FIRST, read down to find use ,.. THEN, across for R�GULATION; p M inimums � Re uired Yards N � � V n. � � �� , s� p'� y «. u � �� '�. USE �� -1 � u, x x t%� x`�a Process l, Il, 111 and IV are descri6ed iu Chapter 14,55 FWRC, Chaptrr 19.ti0 FWRC, Chaptar 19.65 FWRC, Chapter 19.'lU FWRC rrepecuvnly K�2U 12 Codr A�urudmrutx�Changr ul'UsoWsr cher�a\I9•225•OIU CGC Otlicadoc 4, "fhe f'ullowing regulay' u. May only treat sma b, May hut include oi c. The site must be di certiticate to this eYCect s 5. Assembly or manufac a. The assembly or m directly related to and di b, The assembled or r f'or sale only to retail pu. c. There is no outwan 6. No maximum lut cow rcquirements, i.e., requii 7. For community desig 8. For lendscaping requi ' I. Por sign requiremenL ! 0, Refer ro Chaprer ! 9, I I. Single•story buildin provisions uf FWRC 19 seuting or dining areas, per building in any one 12. Nu more than I6,00 approved under the pro� 13, Multiple•story builc gross sq. ft. of the ttoor 14. Reyuired parking m For othnr information 1'or details of wlibt muy Por details rngerding re� CHART ZONE CC_C SPECiAL RECULATIONS AND NOTES m� apply to vererinary oftice only: I onimals un the subject property; side runs or odier outside Caeili[ies Yor the animnls; signed so that nuisc f'rum this use will not be audible uft'the subject pruprrty based uu a gned by an acoustical engineer and tiled with the develupment prrmil applicutiun. ure of'goods on the subject property is permittzd unly it': nufacture is clearly accessory tu en allowed use conducied on the subject proparty �uid is �endent on this allowed use; and anufactured goods are aveilxble f'ur purchase xnd remuval from the subject pruprrry and are ;hasers; and appearance or impacts from the assetnbly or manu!'�uture, rage is established. Instead, the buildable area will be detennined by other site developmcnt :d buffers, parking lot landscaping, surf'�ce water facilities, etc. guidelines that apply ro the project, sre Chapter 19. l I S FWRC. ements that apply ro thc project, se� Chapter 19.125 EWRC, that apply to the pruject, see Chapt�r l), l40 FWItC. :65 FWRC to determine what other provisions al'this titte ittay apply tu thr subject proper[y, s mny not exeeed a wtal ground fluor area of 16,UUU gruss sy. ft., uulrss appruved undrr ihe ! IUA80, or approved by the dir�ctur for minor additi�ns surh as entry strueiures, lubbirs, ay winduws, and similar feawres; pruvided that such :tdditiun(s) sh.ill iwt �xc�ed I,UOU sq. ti onsecutive l2-month periud. � sq. ft. of new single-story cunstruction mwy uccur on a subject pruperry, excluding increases isiuns of FWRC 19,110,080 and minor additiuns npproved by the director undrr note 11. ngs are not subject to notes 11 und 12; provided that each fluur cuntuins ut I�s+st 7S% of d�e >elow it anJ contains a principal ust(s) permitteJ in this zune, �y be redueed under the provisions of I�WRC 19J30.U20(3)(u), (b), (c), anJ �d). parking and purkin� ares�s, ser Cl�aprer 19.130 FWItC. � this height limit, xaa FWRC 19.I IUASU et sey, yards, see FWRC 19.125.160 nt seq. 1 ,.225.100 Covernment facility, Qublic aarks. transit shelter. The f'ollowin� uses shall be �SE Sn UIKr:C C1UN5 Z O � � � � � � � (A a a . Government Process None facility. 11 q�ti�-9n�1�� end-��ie Possible t�+�si� PCOcess sl�elte� Ill Pu6lic parks �Set note I r A � O C L�, N in the city center core (CGC) zone USE ZO find use . . . "I'H6N. across tor (2EGULAI'IONS O � L � 00 a" z� 75 ft. U fl. U tt. See parks; nutes 1 �ined un a and 9 See note 1 and 5 �, m �� m� �� i � Q � h � V..� �CL: Process 1 Prucess l, ll, !11 rnd lV we descrilxd in Chepter 19_55 FW12C, Chapter 19.6U PWRC, Chapter 19.65 FWRC, Chupter 19J0 FWRC res{�ectively. u b � � � .� C Q ' .`j v aa Determined 1. 'I'he ciry may, using proc un a case- dimensional requirements f b,ycuse u. 'fhe prupused developrr b:uis. b. 'I'he pruposed developn c. The saeet, utilities, And 2. Pruposed purks must be � 3. No maximum lot covera� reyuirements, i.e., required 4. Fur community design g 5. For landscaping requirer 6. For sign requirements th 7. Rofer to Chapter 19.265 8. Uther retail us�s not spe� if the proposed use is deter 9. Minor w�d supporting sti haight limitation, pruvided sipnilicantly impuct a�ijace K�2U 12 Code Amendments\Changt of U�e�uee chertn�l9•2:5• IUU CGC Guvnrnment I�acllity doc the regulations and notes set forth in this section: :CHART ZONE CC'C SPECIAL RECULATIONS AND NOTES � lll, modify required yard, hcight, IunJscape und bufter and other site Jesi�,n anJ a proposed develupment that meets the folluwing criteria: �t will bz consistent with the adupted comprehensive plan policies tor ihis zun�; .md it will bo consistrnt with applicably design guidelines; aiid her intiastructure in the area are adequute tu support die proposed develc�pmeni. �sistent with the city's udopted con�preh�nsive parks plvi. is established. lnstead, the builduble ar�a wilt be determined by uth�r site development �ffers, parking lot landscaping, surfuce water facilities, etc. (elines that apply to the project, se� Ch�pter l4. l 15 FWRC. nts that apply to the projeet, see Chapter 19.125 FWRC, apply to the project, see Chapter 19.13U FWRC, NRC to detetmine Whst other provisions uFthis chapter may upply w th� subjeci prnpertr ically listed in this zon� may be approved by the direccor ufrunimuniry development servic�s ned to be consistent with adopted comprrhenslvz plan pulicies for tliis zone. xures constructed as u functional rrquircment ol'public purks muy rs«rJ th� upplicabl� ut the dircctor ofcommunity development services determines that �ucli structiues �vill nui propenies, Fur othrr informaiiuu nbout pxrk i�g uud purking �urns, see Chnpter 19.I3U FWRC. Nur details of �vh'rt tn•ry e:cened 1 is hniyht liuti�, snr FWRC 19.) IU.USU r�. sey. Fur Jemils reg:udiug rryuireJ yu�ds, sre FWRC 19,125.160 e� snq. ^ � �+ m r� Q � �I 7 '� 19.230.010 Of�ce use. � O � d � ..I W � USE: The fo[lowine uses shall UIRECTIONS: FIRS'I', read � r S .� L O' aa Chapter 19.230. City :rmitted in the city center frame (CC-F) zone s USE tind use ,., THEN, ac;ross for REGULA'I'tONS t N � � V] C L � a w n a Uf�ice use, Process Il None mediCal and dental Possible ot�ice Prooess !11 See note 1 Ser notes 1 and 5 u � a � N � C 7 y � v aa 6epeFel e€F+�e: 1 fa each 30U sq, ft. ot' gross tloor area � �9F eat.9t�� g� �{, gr�+leeF � See nute 14 Procoss l, Il, lll uud !V ure described in Chapter 19.55 FWRC, Cheptnr I�) 6U FWRC, Chapter 19.65 FWRC, Cha�ter 14.70 FWRC resDectively. K�2012 Coda AmendmentslChynyr of UuW+e chiut�\�94�U-OlU CGF Uliicr Usc.UOC o� � V rT. G/1 notes 1, 2, and 5 above average building elevation i. ine ciry �nay usmg procass ui, m devdopment that meets the fotlowing a. The proposed development will b b. 'fhe proposed development wiil r c.1'he street, utilities, and other infi 2, No mure than a five-foot building ae by existing site improvements, easeme. open spacr, or otlur architeeturul elem lines is thr same as the perimnter buCte 3. Assmnbly or manufacwre of goods � n. The assembly or manufacturc is c alluwed use; b. '1'he assembled or roanulAcwrrd � c. Therr are no uutward apprarance 4. The 1'ulluwiug regulations apply to � a. Muy unly Ueut sumll ��iiwals on i b. M�y uot inelude outside ruus or � c. 'Cl�e si�e mus� be designrd so thai ucuustiaul angineer su�J tiled with the i 5. Struc�ures oi� prope�ty ihai udjuins a height uCstruc�ures sl�all not exceed 31 propeny liue, and shall not excatd 40 G. No maximum lot coverage is establi parking lut IanJscapiug, surface water 7. Pur cunuuuniry dasign guidelines di 8. For landscapiug rcquiremeuts that a '). For sign requirements that apply to IU. Rcfrr to Chapter 19.265 I�WRC tu I I. Single-slory buildiugs may uo� ex� approved by the director tor mi��or aJe additiun(s) shall uut excned I,UUU sq. I2. Nu uwrr t4�•rn 16,000 sq. t't. of nrN FWRC 19.1 IU.080 m�J miuur;�dditioi 13. Multiplr•stury builJings ure nu1 a� cuntains •r princip•rl usr(s) ponnitted ii 14. Reouired o�rkiva muv be reduced ter-Frame (CC-F) to the E CHART set forth in this section: ZONE CC-F SPECIAL REGULATIONS AND NOT�S yard, height, lundscape a proposed consistent with the adopted comprehensive plan policirY for diis mnc; ar�d consistent with applicable design guidelines; and structure in the azea are edequate to support Uie propoyed developmam. �ack is allowed adjacent to principal pedeatrian right(s)�of-way, as detenniueJ by tlie dirrcwr, uuless: it is precluiled re, topography, or other site eonstreints, as determined by tlir director; ur to a�low strrr[scupe ameuities, publi� uu•sier nt(s) or impruvanents approved under Chap�er 19,115 fWRC.1'hr minimum buiWin�, sc�Gack alung all oU�er pruperiy as reyuired by Chapter 19.125 FWRC. i the subjecc propeny is pnrmitreJ only if: :arly uccessury tu an allowrd use condueted on We subjea pruprtty rud is Jiredly rnl;�icd tu ❑riJ drp�ndem uu �his �ods are svailablc for purchnse and rerttuval t}um the xubject propeiYy und nre 1'or sulr .,uly iu ret:�il purclia,ers. ;wd �r impacts fi'om the assentbly or in•rnufacturr. :terivary otiicr ouly� �e subjrct prope�ty; IIICY OIIISI(IC I�CIIII ICY IOY (Ill' illlllll'SI3 noise t'rom this usa will twt be audiblt uft'the subject prupeny buard m� u crndi.rie lu this el'ter� �igu.•d by au evelupment permit applicatiuu. residrntial zune shatl be sei ba�k a minimum of2U R. 1'rom thr proµ;ny line a�jaccut �„ dre rrsideirtial mur 'fha R. AI�VC �VCl8�0 bUII�IIII� C�CV�UUII WIICfI IUl'OtC� bCIWCCII TU fl. :IIIII 4U 1�. 11'U01 U�t Ud):1CCI11 1'CSItICI1lI:lII)'4UIIC�I ;. ebove averagn building elevation wheu IixutnJ brtwern 4u d. und I uU fl. 1'ruw nuch pruprriy lurc, �hed. lnstead, thc buildable ureu will be de�rrmiued Uy uther aite drvrlopmem requiremeu�s, i c„ reyuircd buFfers, 2CIIIGCB, CIC. d upp1Y to d�t prujrcl, xrr Cl�upter 19.11 S FWILC. �ply to tlie project, ser CI»pter 14.125 FWItC, he projrct, sea Chapter 19.140 FWRC. �eteruunC what other pruvisiuns oC thid chapier uu�y apply w Il�e suGject pruprriy. �ed u toeul ground Ilour a�•ra of 16,OOU grus3 �y. fl., ut�less approveJ under th¢ y�vvi:uui�s ol' FWItC 19 I 10 u�U, �� tions such as entry structures, lubbies, se•rlit�g or dini�ig arra3, bay wiudu�vs, aud .imilur leuiurrs. pru� rl.d ih;�i ,��:I� . per buildinY iu auy une co��secutive 12-muud� period. singla-srory cm�strucliwi ro•ry uccur on a subjeci proprny. rxcluJiug wcr.a�rs xp�nuv.J uuder �lic pn,viswu; u( approved by thz Jirector uuder aote 1 I. jrct �u uutti I I rnd 12; pruvidrd thui �ucl� tlour cuutaiux at Irus� 7i9�w uf tli� gru,., s�� n ul'�hc Ilu.,r brlu�� i :unl thix zuur, • nder the orovisious uf FWRC 19.13U.02U(31(r). �bl. lel. m�d (dl. Fur oiher iufurmation abuut purking :u�i parkiug are•rs, see Chaptrr 19.13U FWRC. Fur det�ils ul'wlwt mey rxceeJ this he�µlu liu�it, se� FWRC 19.1 IU.OSU rt sey. For dewils re�;arding required ysvds, se�e FWRC 19.125.160 rt seq. � �aZ' /� � ,.�� vr� , .� r � 0 � `�` V' 19.230.120 Covernment facility, p,ublic parks, trAnsit shelter. The following uses shall be permitted in the city center frame � uix�� O � � w � °� � � us�: � � Guvernmrnt Process I 1'acility. pH�lftl'}�ttf�i3; ��USSIb�C u+►d�perb� I'rocess �r�►ts+t 111 sH�ltr�- See note public oarks I I'ubtic Transit trunsit shelter: �NS: F1RST, road down to find use ...' Minimums Re uired Yards x � o� � s � � � � � �,� o � •v .� w �, x xH None Governmrm 35 tl. facilities: abovr 2U ft, U fl. U fi. avnrage Public pnrks: building Detrrminnd on a elev:uiun See nut�s !, 3, and 9 notes I, 3, and 6. Nrocess I, tl, lll and IV arr described in Chaptrr 14.55 FWRC, Ch�ptrt 19,60 FWRC, Chapter 19,65 FWRC, Chap�er 19.10 f WRC respectively. K�2U12 Cude Amm�dments\Chunga uf Use\uye chattx\I9•2.1U• 12U CC•F Uovrrnmrm Fxciliiy doc zone subje t. to the regulatl USE ZO E CHART and notes set forth in this section; �. �� '_ :� � a� D�trrmined I. The city may, using un a case- dimensional requirem� byr�se a. 'Che proposed de basis. b. Thc proposed da c. The street utiliti� 2. Proposed parks mu: 3. Structures on prope adjacenttu the residen located between 2U ft, averagt building elevs 4, Nu maximum lot cc requirements, i.e., req 5. For communiry des 6. For landsa�ping rnc 7. �or sign reyuiremei 8. R�ler lu ChaNtrr IS pruperty, 9. Minor tutd suppurti h�iglil limit�tiun prov nu� signiticundy impu ZONE CC-F SPECIAL RECULATIONS AND NOT�S �rocess lit, modify requireJ ynrd, height, IanJs�ape and but'ter wid other site desigu :md �ts for n pruposed development thut meets the Collowing criteri�: elopment will be cunsistent with the edupteJ cumprchensivr pinn pulici�s lur thi� xun�; xnd rlopment will be consistent wiih applicuble Jesign guidelinrs; tmd and other infrustructure in the urca :ve adequate to suppun the prupwrJ Jcvelupmri�e. be consistent with the city's adupted comprehensive park plmi. y that adjoins a residential zone shall be snt back a minimum of 2U 11. Irum the prop¢rry liur al zone. The hzight of structures shall not exceed 3U tt, above averEi�r building elevatiun when nd 40 ft, from the adjacent residentiallyzoned property tine, and shall nut rxceeJ 4U fl. .ibove un when locntrd betwean 4U ft. and 1U01t. tiom such properry linr erage is established. lnstead, the buildable arrai will be detrrmined by utl�rr �i�c dev�lopinent red bufters, purking lot landscaping, surfucr wutrr facilitirs, etr. ,n guiJelines that upply to thr prujrct, ser Chaptrr I). I I S f W RC'. irements that upply to thr pruject, see Chapirr I�l.l?5 FWRC, s that apply ro the projrct, see Chapter 19.14U FWRC' !GS FWRC. W J�lrrniine what ixhrr prurisiuiu ul'U�i� �hapt�r muy appl�• w ihr sub��•it structures cunstrurled as u limctionul rcyuunmunt �l' public purk; iu;q e��rrd Uic applic;�blc :J tliut th� dircctvr uP�ununuuny d�vrlupmrnt srrvirrs �le<<rminrs that su:h �uuclurcs ��•ill udjacent proprrties. Fur other iuY'urmaiion ab t p•rrkiug wid p•rrkiag areas, see Chapter 19.13U FWRC. For details uCwhat may n ceeJ this hright limit, xer FWRC 19.1 IUASU rt. seq. Fur drtails rngardiug req 'red yurds, aae FWRC 19,125, I GO rt sry. 19.235.010 Of�ce/retail. The following uses shall be . �°" J f'a �. � � �- � � y � 9 � a �a �; v USE � � � � y � Office use, Process !I None medical and Possible dental oflice Ill See note 10 Retaii See note estabiishment 1 providing banking end relaced tinancial services; � 4�retail establishment providing ot�ice supplies, nrintine and -�► rn � � rn � � � � � � � "� � �.r► Process I,11, Ill and LV are described in Chapter 19.55 FWRC, Chapcer 19,60 FWRC, Chepter 19.65 FWRC, Chapter 19.70 FWRC respectively. in the office park (OP) zone USE ZONE CHART xe wrea r aras � ^ o. ''� w v� � �� ., s ` _ y V '' . A w � a: x� a a residential zones for side and rear yards See notes 2 and 12 il to the and notes set forth in this section: ZONE OP SPECIAL REGULATIONS AND NOTES 55 ft. F,er�eFel 1. If approved thi above office and to a maximum o1 average retail: t for a. The additioi building each 300 sq. b. The subject elevation ft. gross floor c. Each requin uea above average b� See notes d. The increas I and 3 {�4e�ieal� e. The increas� �ee= established by th �essH 2. Front yard seU �3-s�-#:-e€ buffer and storm gress-�3ee� in the front yard. ares 3. lf any portion of the structure s Mixed Uses: 4. Accessory use Determined a. The placem on a case-by- building and site case basis property as an o1 b. The exterio the exterior appe 5. 'Che subject pi where noise geni as possible from 6. May not cond sases. fumes or � ough process III, the height of a structure may exceed 55 ft. above average building elevation 70 ft., if all of the following criteria are mer. al height is necessary to accommodate the particular use conducred in the building; and property does not adjoin a residential zone; and d yard abutting the structure is increased one ft. for each one ft, the structure exceeds 55 tt. ilding elevation; and d height will not block views designated by the comprehensive plan; and d height is consistent with goals and policies for the area of the subject propeny as : comprehensive plari. ack: 25 R. if entry is.visible from R.O.W. and front facade is 15% glass; 35 ft. if landscape vater facilities are located in the front yazd; 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 azchitectural features of the proposed ilan demonstrate that this use will not deuact from the princip�l character of the subject ice park. appearance of [hat portion of the building housing the accessory uses will be comparable to rance of other buiidings on the subject property, perty must be designed so that any truck parking, loading and maneuvering areas; areas �ating outdoor uses and activities may occur, and vents and similar features are located as far u►y residendal zone. ct any acGvity or use on the subject propeny that involves the release of toxic or noxious For other infonnati n about pazking and parking areas, see Chapter 19.130 FWRC. For delails 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. 19.233.010 Oftice/retafl. (Continued) The fotlowin uses shall be ermitted in the office ark 0 USE ZONE CHART DIRk:C'I'IONS; I � O � � � q 0. v u � .5 .i H us� a a a a Process l, !!, ltl und IV are drscribed in Chupier I9.55 FWRC, Cl�apter 19.60 FWRC, Chapter I9.65 FW.RC, Ghuptrr 19.7U FWRC rcsprctively. �, m � �� . � � 0 - n � � � � � � � c� � a o� W � xy and notes set forth in this section: 1'I � ZONE � u �, OP �o. �i a a SPECIAL. RECULA7'IONS ANU NUT�S 7. Outdonr usr, ac ivity rnd sturage is reguluted by FWRC 19.125.170. 8. Access tu und f m drive•through facilities must be approved by the public works depanment, Drivr-throu�h facilities must be esigned su that vehicles will not block traftic in the street while waitinx iu liue �,td will nut unreusonably inter ere with on-site trnt�ic flow. 9. No maximum I t coverage is established. lnstead, the builddble area will be determined by u�hcr sit� development requi ements, i.e., required buf�'ers, parking Int I:�nJscaping, surfuce wuter t.icili�ics, ecc. IU. For communit design guidelines that apply to th� pruject, sre Chaptrr 19.115 FWR�. I 1. For IanJse�pin reyuirements that s�pply tu th� project, see Chapt�r 19.125 f� WRC. l2. For Sign requir ments th�t apply to the pruject, see Chapter 19.140 I�W1tC, 13, Reier W Chapt r 19.2K5 FWI2C to drtrrmine what uther pruvisic�ns ol'tl�is rhupter muy upply lu thr sub,jcct pruperty. for oihcr inl'ormatiuu abuut parkiug anJ �wrkiug are•rs, �re Chrpter 19.13U FWRC'. Fur deluils uf whal m y exceed cl�ia hei�l�t liuiit, ser FWRC 14.1 IU.OSU risry. For details rcgarding ryuired yards, soe FWRC 19.125.16U et srq. �, m � �. � .� � � � � � � �/ , t9.235.080 Covernment facility, nublic aArlcs, tr�nsit shelter. The f'ollowin� uses shall be permitted in the ofEice ��J� (7�vernment 1'rucess Nunr tirciliry. �kFie II �xNd See nole ya�1+�r�it Pussibl� 5 sHzlteF- Process Ste notr 1'u�lic transit 1 shelter z u,xcc. O � � N � U � � �� .� = aa shelter: Nrocess I W tind use . . . � � " ° � A .S ci :n a o� �, � � N 25 I�. U ft. U fl 3S fl. ur �buve 25 tl. ?U I't. 2U ti. a��eraor See noirs 2, 3�id � ��ilJin�, e�evation. I'rocess I,11, ttl and 1V are Jescribed in Chapter 19.55 FWRC, Chapter 19.6U FWRC, Chapier 19,65 FWRC, Chanter 19.70 FWRC resn�ctivelv. Sec nutes l, 2 :�nd tU OP zone sub'ect ro the e ulations and notes set USE ZONE CHART ucross fur CtEGULATIONS N u � �, � � V � � UetermineJ on a casc• byca�e b;ui�. K\3U12 Code Amrndmm�x\Change ul'UieWse eh�n�\I9•27 S•OBU OP O�varnmenl fxcilily.duc section; ZONE OP SI'ECIAL RECULATIONS ANl) NUTGS t, IfappruvrJ throu� i5 il., iPali ot'th� t'ol a. l'he additional N b. '1'hc subjrct pru c. Each rec�uired y building elev.aion; a d. 'I'he increased h �. 'th� increased h comprehensive plan. 2. If any portion of a not exceed 3U ft. nbc of the residential 2ur 3, 20 tt. side rnd rea Facilities �nd cafeter or open amphitheate 4. Propused parks m 5, No ms�ximum lot requiremtnts, i r., ro 6, For community d� 7. F'or landscuping r 8. C'ur sign requirerc 9. ReCer to Chwpter !0. Minur anJ supp� limitntion provided impact adjacent pro proCe�s ltl, thr hright uf a svucture muy rxco�d 35 1L fibuvr uverage builJing rlrvaiiun tu �i nia.eunum ui wing criteriFi iue m�t: ght is necessary to uccomrouifatr thr panicular use �onducted in ihr builJiu�: cuid rty durs nut adjain a rrsidential zun�; anJ 1 abutting dir structure is iner�:ueJ une q. Cur rach uur ti. thr strucwr� cx�rrJ� 35 Ii. abuvr aver;�_,c wiU not bla:k via�vs designateJ by th� comprchrnsive plan; ;uiJ is runsistrnt with go�ls & pulicies tor the nrea of lhe subject pro��erry as cstablished by the uccurr on lhe subject propeny is within IUO ft. ufa rrsiJenti;� zonr, lhrn lhat purtiun uf tlic strucUire sh.dl uverage building elevation and tht suucture shall be set back a minimiun ol'2U li. tium tlie prop�rry linr yard setbacks required for structures such ��s ottices, confrrcn�e tacilitirs, slurug� buildinKs, J:ry rarc s, No side or rear yurd sttbacks required 1'or struc[ures such ys transit, pi�nie ur uth�r shrlt�rs, spurts ruuru. �, ex�ept su specitieJ in notr 2, above. st be cunsistent with the city's adopteJ oumprchensive park plun. �ver�e is established. Instead, the buiWable urc� will be Jrtrrmined hy uth�r sitc dev�lopment �uirrd butters, parking lut landscuping, surlucr wuter 1'ucilities, etr. �ign guidelincs that upply w thr pruject, 5C2 CIIJpII'f Iy.I IS �'WRL .�uir�ments tha� a�pply w thc projeci 5CC C hap�er 19. l25 t'WRC. nts th<�t apply w the project, sre Chapter ly.l4U I�WItC'. �.265 1� WRC to drtennine whut other provisiuns of this chapter muy apply to th� subjrct properq . tiing structures constructrd as a Yunetional rcquiremant uf publi� pttrks may escrcd the tipplicablc liei�l�t iut the direcwr uf communiry development services drterrninrs that such structures will nu[ signii icuntly For other infurmatio about parking and parking areas, see Chapter 19,13U FWI2C. For details of what n ay exceed this height limit, see FWRC 19. (10.O5U zt. sey. For details regarding�required yards, see FWRC 19.125.160 et seq. � � m Q � � � 19.240.050 Vehicle, boat, equipment, and outdoor storage container sates, rental, Thr folluwinu uses shall be nennitted in the commercial rnternrise (CE) zonc subiect to the raeulation: U9E Sales, rental, or Irusing facilities for vehicles, trucks, buats, truilers, moturcycles, and equipment, outdoor 5lOfil�C C011titllt�f�, purtablr moving cuntainers � DIREC"I'IUN: O � � � V 4 � �3 ti '5 .� in a a" ,.�a �ll2S'f, read Jown w tind usr ... TI-IEN � Minimum Rr<uircd Yurds � a � Y N � c � p 4 ' '� y E ,� ° � c L '�' � � a..:L u`, i� a �z:� aa Sules, rental, and 40 fl. 5ales, leasin fa�ilitirs: abuve renial, and 2U ft. See avrrag� I�asing note I building facilities; I All others: elevation fur rvery 2U ft, See ��'°`�� 3U0 sy, ri. See note 1 � 55 ft, of gross note 4 AAI3E Hoor urea See notes 4, 5, See notr 2 Utherwise: anJ I� Jerermincd un u cuse- by�ase basis SC� IWII' Il for i rvumrnuw swe auu reur yur ull uther usrs, side aad rt�r y 2. IfapproveJ by the directur (AABE), to a maxiwum of 55 siructural, equipment, or opera heibht uf 13 ft. mid a mi��imwi one edditional li. fur each oue through variatiuus in ruuf I�eig 3. Building heigh� may not ex d. H'i� vehiolr service s[atiun i� side�s) uF the inini•ma�r, thm� i 5 Gns pump islauds, canupies, G. Nu uiorc tl�un two v¢6iclo s 7. No usr or activiry mry be c nrighburing uses and naiiuul s 8'I'hese uses shall rwsr no in prupeny liur, rxcrpt Uauspoit. :ur uut �udible from a rnsideuli 9. Exenpt fur priucipul sulas loi sWruge yardY for lhr sale or re� •rnd tha tiont property liue und IU, Mechauical rrpair, body re I I. Mechanical repair, body re app�icant and subjrct w accept 12. Srlf•service srorege faciliti I 13. The subject propeny must , sionge, and activities may ueu usc, na�ural systcros, •rnd pubti 14, No maximwn lot cuverage landscaping, siu'fnce water tiuc I5, I�or regulations pertaining I G fur cunununiry design gui I �. For landscaping reyuireme I8, For sign roquiremenis Qiat ll or Wlth SEPA, 1'rocess ql �lnchuniral repuir, hady repair, paintin�, ur rrluted servi�rs tur ��rhiclrs, trucks, b�au, uailers, u�uwrcycles. �nd equipm�nt Vrhidt snrvice station ur cur wash t'service storage ilities and [axi lots Process l, 11, Ill and IV arc drscribed in C'hapter 19.55 FWRC, Chapter 19,60 PWRC, Chapter 19.65 FWRC, Chanter 19.90 FWRC resaectively, � K:�2014 Code Anrondmemi\Changa of UuWae chrne\I9•240-OSO CE Vehfcla, Equipmrnt, Saleo etc.DOC � T K ✓ Fur other infunnatiun For details of what may For details regarcling rec ice, repair — Self service storag�- Tow anJ taxi Ints. utes set forth in U�is section, ZON�: CHAI2'1' ZONC CE si�h:c�,�� iir:r.u�� ANU N �•r�:s o fur s•rles, renlul 8111I ICOYIII�; (8l'Illll@Y SII'JII �t ZU Il. 8IUI1� fC31lI�IlU zoues amt IU fl:iloug all uiher rmics, �or ls slWll be 2U fl. aluog residrutial 2mies uud 1 S li. alung uthrr wnrs. i I'cuwmunity devnlopwrnt srrvices, the I�eiglit ul'� struc�w•e may rxceed 40 tl aUuvr uv Cl'�bl' I7111I�I111�, CIl'O:IIIU❑ 1. AAHE, if all uf thC 1'ullwving criteris� are u�rt: (a) 7'hr iucreased height is nrrr,sury w accumnwdai�• thc iunnl necds oYtlie use eunJucted iu the builJiug �Il�/UI' all bKUUltd lluuY xY ac�s ha�-e a miuiwum Iluur•�o-cri6ug depth uf IS ft.; (b) Hriy;ht couiplies with uutt 9; (c) Neiglu over 40 ti. is sr� back I'rom nv�rrcsidewiul murs by 1. ol' height over 4U ti.; w�d (J) Rool'liiins are designed �o avoid a preJumin.mlly tl;d uuJ tcuiuirle�s appearaner A, furms, anglrs, und materiuls. :rd 3U ti. AAbE whcu locuted within IUO tl. o(a residrutial zo�ir. �ludes a mii�i-man in the frou� yrrd �VIU7 J S�YdCPUY1r111CtI C111f:111Cd ;wd gas puwp irluuJ(s) ;ue al ihe rrw aadroi �e �ninimwn frow ynrd setback i3 tlie saiue as U�e perimrlrr lautlu:ap� bu11e� irqui�eJ bv Chapiri 19 I:�S FWRC xnd cuvers over pump islauds, may noi be lucuted cluser thau 2U 8. iu auy pruprny liu.•. rvicc statious uiuy br located at �hc xame iutrrsec�ion. III�IICII'l� (Itill IIIVUIVCS lI1C I'CICIISC UP WXIIIY� uusiuu3 gas.s, smuk�, fumrx, Just, uJurs, ur uUur Jis�lu�r�;r uu �stems. ierrut uud recurri�ig gruer�ied noise ur vibratiou that is �xrceptible widioui mstruo�rms m anp puint aloug u lioti :u�d delivery oper.�tiWi3lypie�lly aud cusluwarily ussuChnrd wilh Iha use, wKl pru� iJeJ thai such uprrwiuus al zuur wi a rrgular ur rccurring badis. s, oulduur stura�e arrus shull be luc•rleJ to the rrsu� unel/ur side(s) uf ihr principally prrwitted su'uciw�e. Uu�door aal of outduur storagr cnnwinrr3 or �wrtabla �nnving cwuaiiirrs mry uut be Iurui�J brt�vrru tlie priacipal building � wst be 2'enced anJ screened iu accurdar�ce with FWRC 19.125J7U, wtd tlie s�artd �untbii�ers m:iy not br stacked. air, and priutiu� shall be cmiducted compin�ely within encluarJ building(s). av, and painti��g shgll provide adequate parking for cuswmers, based un n p:ukiub �wdy prepared by ihe ce by du director of communiry development snrvicas. s may include one a��cessory livi�ig Caciliry. designed so thet truck parking, loading, und maneuvering arees; nre•rs where nuisr grurrating uutduur usrs, r; or vents und similar featwros; are located ns far as possib�a frum auy rrsidemial zunr, cunCurmiug rrsidential �plies, InstNad, the build�ble ares will be dnlennined by oihrr site develupmem regulaiiuns, i.r., rcyuired yurds, ��ICS, CIC. outdoor use, ac:tivity and sturnge, refrr w FWRC 19.125.190. liuea that apply to tl�a project, see Clwptrr 19.1 I S FWItC, s ihet upply to the projecb sce Chapter 19.125 FWRC. iply lu the projnct, see Chrntrr 19.140 FWRC. parking and parking areas, see Chapter l9,130 FWRC. d this height limit, see FWRC 19.1(0.050 et seq, yards, see FWRC t9.125.160 et seq. 19.240.080 Oftice uses. 'I'he folluwin uses sh�ll be ermi x uIRECTION5: O H a � a v � o � � � = �� .� N US�S 4' C$ ..J Medical tmd Prucess II Nonc dental ut7icrs, ur wi�h btticts. SL:PA, ba��kii�g, Pruce�s financial, reul I11 estate, insurun��,and uther prufessiun�l oflices arn � � . v� .� � Q '.�.� Research und development facilities whose primary purpose is not pruduct testing. (If the primary purpose is product testing, FWRC 19.24U.03U applies,) C � : �. O � � u, <'n a i. Sar note 2 See nute ) Process l, Il, Ill and IV are described in Chapter 19,55 FWRC, Chapttr 19.60 FWRC, Chapter 19,65 FWRC, Chapcer 19,70 FWRC respectively. F � � E ,� 2 � 'v ? < ? v, �i0 ft. xbove �vrrag� building rlevutiun (AALiEi), W SS fl. AAHL t�nd d tlours See notes 3 und 4 K.�2011 Code Amr�mnms\Chuiy{r oPUuWxe cliane\I9•440-0BO CG Otlice Usax UOC W ie sub ect to the ro ula�iu s x��d notes set Cunh in [his section: USE ONC CHAR'1' across for fL�GULA'flU S � � �N � � 9 •= C Y r� a NHt�k�Cf1ENI ei#i�c�-F-�i� -•.•.'�;;� stqr-F�rc�l' gres'�-Ek�er � At1� oflice: 1 for each 300 sq. fl, of gruss Iloor arcti 1, Minintum: 2. II'approvec tl, abuve uver fullo�ving crit equipmrnt, oi minimum flo� (c) Height ov� over 4U n.; ar through varia 3. Building h� 4, Veterintuy runs or other 19.24U.lOU; � property buse develupment , 5. brive-thro w�iting in lin guidelines es 6. No m:ixim Jevelupment 7. For regulai 8, For comm 9. For landse l0, For sign i t I . For other For other For details Fnr details ZONE CE SNE(:Ir�L l2ECUl.A'1'IONS ANll NO'1'k:ti ide nnd rear yarJs shull br 2U 1't. along rrsidruti:d zonrs <<nJ i N. uluug till uihrr toncs. by the direc[or of conununiry dcvrlupment services, the heigh[ uf u structurr muy r��erd 4U ige building elevutiun (AABE), W a maximum ol'SS tl. AAFjE and luur llours, it`all of ihc ,ria sve met: (a) The increased height is nrc�ssary to accurnmodate the structurtd, operation<d needs ol'the use conJucted in thr building, �nJ/ur all grounJ floor spaces hnve a r-tu-ceiling height of 13 ft. aind u minimum dCpth uf I S tl.; (b)1-Itighl cuntpli�� with note 3; r 4U fl, is set back tium non•residential wnes by onr additiunal ft, fur euch una tt ul' height J(d) Ctoof lines are designed to uvoid u predominandy tlat and teatureless uppear�nce ions in roof height, forms, angles and mareriels. igh[ may not exceed 30 ft, AAk3E when Iocated within !UU tt. ufa resiJrntial tone. rt'fices must meet all of the folluwing: (u) only sm�ll nnimuls may be treatrd; (b) outside iuuidr facilities are not pzrmitted; othenvise this use shall be reviewrd under FWRC �d (c) the site must be designeJ so that noise from this use will not br audibl� otfi' ihe subj�ct f on a Certificate to this et�'ect Signed by an acoustical enginerr and til�d with the �ermit npplictition. �gh fs�cilities must be slesigned so that vehiclts will not bluck traftic in the street whilc : and will not unreasonubly interfere with on-site cratTic llow, and must meet tlie desigu ablished in Chaprer 19.1 l5 FWRC. im lot coverage applies, lnsteed, the buildable urea will be d�temiined by othrr sit� regulations, i.e., required yards, lundsc;eping, surt'ace water facilities, etc, lons pertaining [o outdoor use, activity und storage, rcfer to C� WRC 19J 25.170. �nity d�sign guidelines that apply to the project, see Chapter 19.1 IS PWRC. fping requirements that apply to the project, see Chapter 19J25 FWRC. quirements that apply to the project, see Chapter 19.140 FWRC. �rovisions of this chapter that may apply to the subject proparty, see Chrpter 19,265 k� W RC. about parking and parking arees, see Chapter 19.13U FWRC. may exceed this height limit, see PWRC 19.1 IU.U50 et seq, �g required yerds, ste FWRC 19,125.16U et srq. 19.240.130 Covernment facilities., publir parks, and transit sheiter, � � t � m' / \ r �� r�/ I � US�. facility, pc+�4+a 11, or �Hdt�nesit witb sF►rkr� SEPA, Yrocess I'ubllc parks IIl 'I'ransit shelter process I, II, III and IV arr describad in Chaptrr 19.35 FWRC, Chcptar 19.G0 FWRC, Chapter 19.65 FWRC, Chap�nr 19.70 FWRC raspectively. shall br � O � a u � Q � � S u oG OC iitted in thr eummercial entrrprisr (C IS: I�IRS`f, r�ad duwu to tind use ... Minimums Rec uired YarJs '" 0 � W � � L � � � 3 O Q ? u � � .a u, �'n a � v, Government Government facilit : facility, 40 ti. 2U ft. IU lU ft, above avera;e �}, building Except 2U ft. ulung elevation residen�ial zones (AAl3t:) to 55 Public parks anJ ft. Ar1k3E. transit shelters: See notes t DetermineJ on a �� 2 case-by-case basis, provided, 2U ft. public pArk; along residential Determined on zones a �gse•by-case basis iSee note 9 See notes 2 and 4 Transit shelter; I S tt. above averzige building elevucion � K:�2U12 CoJe Amendmenla\Chunge uf UteWte chxne\I9•1J0•130 CE Qovernmsnt �acili�iey. WC � tu acruss tor �i � a N u pp •� C OC 0. Determinr on n cuse- by-case basis USE t. lf'upproveJ by above average b� met: (a)'fhe inc the usr conducte tt. end a minimui residential zones avoid a pr�domii materials. 2. Building heigl 3. Proposed park 4. Minor and su� allowed, provide Development Se impact adjscent, 5. The subject p� noise generating 'possible from an 6. No maximum regulations, i.e., 7. For regulatior 8. Fur communii 9.Forlandscapi 10. For sign reqi l l, For other pn Eor other For details For details notes srt forth in E CHART ZONE CE SPECIAL RECULATIONS AND NO'1'ES the director ot' community develupment services, the heighl of u struCture may excerd 40 fl, ilding elevation (AABE), tu a maximum uf 55 tl. AAH�:, iFall of the f�lluwuig critrri;i ar� eased height is necessary to gccomm�date the structutul, eyuipmcnt, ur upera�iunal neeJs ot' I in thr building, ancilor all ground tloor spaces hstve a minimum tlour-to-criling hrighi ul' I.) � drpth ot' l5 ft.; (b) Height eomplies with note 2; (c) Heigh� over 4U ti. is sr� back tium non- by one additional ti. for raCh une fl. ot'height uver 40 ft.; unJ (d) Ruul'lines urc d�siRncd w antly tlut and featureless �ppeuranee through variatiuns in roofheight, foruu, un�les, and may not exceed 3U ft. AAB6 when loc:ated within IUO ft, of e residential zune. must be consistent with the city's adopted comprehensive park plan, orting structures constructed as a functional requirement oC a public pnrk facility m�,y be a maximum height of 55 ft, AABE is not exceeded and the Director of Community �ices determines that the faciliry and any related supporting structures will not signitica�ntly xrty must be designed so that truck parki�►g, loading, und maneuvering area,; areas where utdoor uses and ectivities may occur; and vents and similsu features arc located as t :ir as residentiel zone, conforming residential use, natural systems, and public rights-of-w:iy. it coverage applies, Instead, the buildable area will be detemiined by other site devel�pment quired yards, landscaping, surface water facilities, etc. pertgining to outdoor use, activity and storage, refer to FWRC 19.125.17U. design guidelines th�t upply to the project, see Chapter 19.1 ! S FWItC. ; requirements that apply to the project, see Chapter 19.125 FW[tC. �ements that apply to the projrct, see Chapter 19.14U FWRC. isions of this ehaptet that may apply to the subjeot prupnrty set Chupter 19.265 F'W IZC. � aboui parking und purki��g areas, sre Chaptnr 19.13U FWRC. ay excced this height limit, ue fiWRC 19.110,050 et, seq. required yords, see FWRC l9.125,160 at seq. 19.240.070 Retail, general and specialty — Manufacturing and production, li 1'he followin�¢ uses shall be USE in z DIREC O � � � � ;� �a sales, as defined in this chapter, which includes, but is not necessarily limited to, products such es 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; sponing goods; signs; second hand merchandise; antiques; a►� works of art; ��etail services including laundry, dry cleaning, beaucy and barber, video rental, shoe repair, printing and duplicating Manufacturing and production, limited, as defined in this chapter Other retail sales or services not specificallv listed in this zone See note 13 or with �m Process 1, Il, 111 and IV are described in Chapter 19.55 FWRC, Chapter 19,60 FWRC, Chapter 19.65 FWRC, nmercial enterprise (CE) zone subject to the FIRST. read down to find use ... THEN. a � � v � � � � � w 'v� a �ne 5 R. See note See note 10 � o v 9 � � ,� E .�,e �� 40 ft. sbove 1 for 1. Minimum s average each 2. If approved building 300 sq. above average elevation ft. of following crid (AABE), to gross operational ne 55 ft. AABE floor to-ceiling hei@ and 4 floors azea ft. is set back ; Roof lines are See notes 2 height, forms, and 3 3. Building he K:�2012 Code Amendmrnt�Change of lJfelum ch�ru\I9•240-MO Renil Genenl, Muwfocwring REV Drsft 2.DOC line and will n established in S. The subject noise generati possible from 6. Except as n and/or side(s) 7. No maxim� regulations, i.� 8. For regulati 9. For commu 10. For lands< 11. For sign ri 12. For other 13. May be a� analogous to � policies for t� For other ii For details For details ZONE CHART ZONE CE SPECIAL REGULATIONS AND NOTES de and rear yards sh�ll be 20 ft. alon� residendal wnes and five ft. along all other zones. by the director of community devetopment services, the height of a svucture may exceed 40 tt. building elevation (.�1ABE) to a maximum of 55 R. AABE and four floors, if all of the ria are met: (a) The increased height is necessary to accommodate the structural, equipment, or ;ds of the use condueted in the building, and/or all ground floor spaces have a minimum floor- �t of 13 ft. and a minimum depth of I S ft.; (b) Heigt�t complies with note 3; (c) Height over 40 rom non-residential zones by one additional ft; for each one ft. of height over 40 R.; and (d) designed to avoid a predominantly flat and featureless xppearance through veriations in roof �►gles, and materials. ght may not exceed 30 f4. AABE when located within 100 ft, of a residential zone. ;h` facilities must be designed so that vehictes will not bbck uaf�'iC in the street while waiting in �t unreasonably interfere with on-site tr�c flow, and must meet the design guidelines �hapter 19.115 FWRC. property must be designed so that truck parking, loading, and maneuvering �reas; areas where ig outdoor uses and activities may oecur; and vents and similar features are located as far as sny residential zone, conforming residential use, natural system, or public right-ol=way. ay be allowed under FWRC 19.125.170, ouWoor storage areas shall be located to the rear �f the principally permitted structure. m lot coverage applies. Instead, the buildable area will be determined by other site development ., required yards, landscaping, surface.water facilities, etc. ms pertaining to outdoor use, activity and storage, refer to FWRC 19.125,170. �iry design guidelincs that apply to the project, see Chapter 19.115 FW RC. ' ping requiroments that apply to tt►e project, see Chapter 19.125 FWRC. uirements that apply W the project, see Chapter 19.140 FWRC. rovisions of this chapter that may apply to the subject properry, see Chapter 19.265 FWRC. roved if the director determines that the chata�teristics and impacts of the proposed use are er listed uses and the proposed use is consistent with the comprehensive plan goals and zone. �n aboutparking and perking areas,see Chapter 19.130 FWRC. may excoed this�height limit, see FWRC 19.110,050 et seq. required yards', see FWRC 19.125.160 et seq. �' � CiTY OF � Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way Rev�sed Code Reiated 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 Devetopment Requirements when there is a Change of Use F�LE 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 Federa! Way Revised Code {FWRC) Title i9, "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 for a change of use• and eliminate a section of the nonconformance standards that require site upgrades when there is a change of use. The Pianning Commission is being asked to review the proposed amendme�ts to EWRC T'itle 19, enciosed as Exhi6it A, and forward a recommendation to the City Council Land Use/Tra.nsportation Committee (LUTC) and City Council. This proposed code revision is part o�the 201 l Planning Commission Work Program as adopted by the City Council. II. BACKGROUIYD AND ANALYS[S A. Review Process for Minor Exterior Buitding Modification (Exceptions to Process I— I� (i) Existing code language related to exceplions to Process I— I[! , EWRC 19.15.020 identifies exceptions to Process [—[V review for construction of a single family dwel(ing, app(icable tenant improvements and maintenance, and for minor additions to house mechanicai equipment such as coo(ers and HVAC equipment_ (ii) Proposed amendment to FWRC 19.1 �_ 020. Staff recommends the addition of text exempting Erom Process t—[V review, minor exterior fa�ade modifications such as installing 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 applicab(e development and zoning regulations with the associated building, mechanical, or other permit (Exhibit A, FWRC 19.i5.020). (iii) Rationale for Proposed Change The Department of Community and Economic Devetopment receives many inquiries and appiications for minor exterior building modifications. Exempting the types of minor exterior fa�ade modifications would be less costly for businesses and would also streamline the development review process by eliminating a(and use review process for these types of minor modifications. Any improvements wouid still be required to comp(y with al! applicable zoning, dimensional, and design requirements of the City, but the review process woutd be condensed into the building permit review. $. lteview Process for Improvements to Developed Sites (i) Existing code language related to review process for improvements to developed sites. Existing code (anguage in FWRC 19.1�.030 atiows only very minor and timited improvements to devetoped 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 [, provided the improvements and/or additions do not exceed any of the following thresholds: (a) There is no change ojuse. (b) There is no reduction in the amount of required landscaping, buffering, open space, or public areas_ m er�a c nge or re uc ron �n t amount o require par 'ng. (d) There is no materia! change in the location of utilities, easements, or pedestrian connections. (e) There is no material change to the approved architectural design. � There are no additional adverse impacts to critical 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 IV (Exhibit A, EWRC 19.15.030). (iij Proposed amendments to FWRC 19. I.i.030. Staffrecommends the addition of text that defines an applicable use process review based generally on the size of the proposed improvements. Specifically, new improvemeats that do not exceed 25 percent of the gross �loor area of the existing building or 2,400 square feet of new gross floor area, would be aitowed pursuant to Process I review. Substantial improvements that do not exceed i 00 percent of the square footage of the existing building wouid be permitted via Process [[ review under most applications. Major improvements, which are not exempt from SEPA review and/oc exceed 100 percent of the esisting gross floor area, are required to be reviewed under the use process indicted on the zoning charts (typical(y Process III review). (Exhibit A, FWRC 19.15.034). StafF Report w the Planning Commission � page 2 K.120t2 Code Amendmenu\Change of UselPlanning CommissioalChange of usz Staff Report 3-26-20 t 2[t )_doc (iii) Rationale, jor Proposed Change The proposed code chaages implement a logical hierchy of land use review processes relative to the size and scale of proposed improvements. �I'he proposed text amendments would altocv minor improvements under a Process [ review, which is an expedient and reasonable land use review process for administrative decisions. Specific size limications are defined for what would be allowed under Process i. The proposed amendments would atso allow a generally larger addition (substantial) than currently altowed, which may not exceed 100 percent of the existing gross floor area of a site, uader a Process II ceview. Major improvements would be reviewed pursuant to the review process required by the applicabie zone use chart, which is no change from the current code. The proposed code amendments would be less costly for businesses and wouid aiso streamline the development review process for many improvements and addirions to devetoped sites by potentialty allowing larger, but reas�nably sized additions with a lower review process. Any improvements would stiti be required to comply with all applicabie zoning butk, dimensional, and design t�equirements of the City code, but in many cases, the (and use review process would be a more simp(e and less costly review process. C. Review Process for when 1�Tew Nan_residentiaLTenaats_Qccup}�Existin�uild' (Change flf Use) (i) Existing EWRC code definition of change of use is as foliows: Change of use " means the general character of a use has been modified This determination shall include but not be limited to a review of (IJ Hours of operation; (Z) Required parkinl;, (3) Tra�c generation: (4) General appearance; (�) Type, extent, or amount of indoor or outdoor storage, and (6) Constituents ofsurface water discharge or runoff_ Based on the definition above, every time a new teaant 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 resuit in unpredictable outcome for the applicant. The current process atso ptaces staff in the difficult position of attempting to make consistent decisions utilizing a subjective standard. (ii) Proposed addition of FWRC 19. l�_025, Change of Use. Due to the unpredictable nature of reviewinD change of use under the existing code, City staff recommends adding a new section to the FWRC to review and determine compliance with applicab{e zoning and development code requirements when a new non- Sta#'f Report W the Planning Commission p� � K:12012 Code Amendments\Change of UselPlannine Commission\Change of use Staff Report 3-26-2012[ i J.doc residentia( tenant is proposing to occupy an existing buiiding or site. To simplify the decision of determining if a change of use occurs, a change of use will have occurred if the new use is a permitted use in the zone, but the new use is identified in a different paragraph than the existing (previous) use in the use zone charts. Uses having different characteristics are grouped into separate paragraphs. As speci6ed in the proposed code 19. i5.025, each new change of use will be reviewed for comp(iance with use specific setbacks, parking standazds, and use specific special regutations 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 iand use appticarion when a change of use is determined to have occurred. In addition, as discussed below in section IV, typica(ty a change of use wiit not be required to upgrade existina site nonconformances (Exhibit A, FWRC 19.15.025). in 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 wne charts. Specifically, severai of the use zone charts lump several unrelated and various types of uses into a single para.graph. Since each paragraph will now be considered an individuat type of use, it is necessary to segregate some of the different uses into different paragraphs on several use zone charts. [n 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 recogniae that cfiange of uses occur frequently and that a basic zoning review is required and that it should be a quick and inexpensive process. T'he proposed modiftcation 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 wiil be reptaced with a more simple and efficient decision making process, with less cost to the applicant. [n concert w•ith the proposed amendments to the nonconforming code section discussed below, the proposed amendments coutd reduce the start up costs for businesses and woutd a(so stream(ine the development review process for many new businesses and tenants. Any new tenants would stil! be required to comply with key sta.ndards, such as building setback standards, parlcing sta.ndards, and use specific wning chart standards, but the review process for review of these zoning standards would be condensed into the building permit review, as opposed to a fuil land use review process. D. Nonconforming Development Requirements w6en there is a Change of Use (i) Existing code language related to review pr�ess for improvements to developed sites. 19 30. 090 Nonconforming development. (1) �any aspect, structure, improvement or development does not conform to the development regu[ations prescribed in this title, that aspect, structure, improvement or development ma�st 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 property used or occupied by a single tenant or use, the applicant shall meet those Staff Report w the Planning Commission Page 4 K:�2012 Code AmzndmenulChange of Use�Ptanning Commission\ChanQe of use Staff Report 3-26-20i2[i i.doc provisions determined by the director to be reasonably related and applicable to the change ojuse_ These provisions shall apply to the entire site. (b) Change of use — Multi-tenant site. !f an applicant proposes a change ojuse on only a portion o, f property occupied by multiple tenants or uses, the applicant shall meet those provisiorrs determined by the director to be reasonably related and applicable to the change of use. These provisions shall app[y only to that geographicportion oJthe site related to the use or tenant space on which the change is proposed. (ii) Proposed amendinents to FWRC 19.30.094 Noncanforming Development. Staff recommends e(imination of the code provisions that cause any aspect, structure, improvement, or deve(opment that does not conform to the current wning and deveiopment 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, PWRC 19.30.090). (iii) Rrrtionale jor 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 wouid be less costty for businesses at the time of start up and would aiso streamtine the development review process for many tenants. The code amendments would encourage occupancxof existin�vacant co rGia1_su�es in the Ciry by eliminating some of the upgrades to the site nonconforcnances required under the �current code when there is a change of use. [Ii PROCEDURAL SUMMARY 3/l6/12 Notice issued for P(anning Commission Public �Iearing 3/30/12 Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 4/4/12 Pubiic Hearing before the Planning Commission 4/13/i2 End of SEPA Comment Period 4/27/! 2 End of SEPA Appeal Period IV. PUBLIC COMMENTS No comments were received as of the date of this report. Staff Report to ffie Planning Commission Page 5 K:�Z012 Code Amendments\Change of UselPlanning CommissioniChange of use Staff Report 3-26-2012[I).doc V. REASON FOR P[..ANIYIIYG COMMISS[ON ACT[ON FWRC Chapter 19.80, "Process V[ Counci( Rezones," estabtishes a process and criteria for zoning code text amendments_ Consistent with Process V[ review, the role of the Planning Commission is as follows: 1. To review and evaluate the zoning code text regarding any proposed amendments. 2. T'o determine whether the proposed zoning code text amendments meets the criteria provided by EWRC 19.80.130. 3. To forward a recommendation to the City Council regarding adoption of the proposed zoning code text amendments. VI. DECtS[ONAL CRITERiA FWRC i9.80.13fl provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWRC 19.80.130. The City may amend the text of the EWRC on(y if it finds that: i. The proposed amendment is coasistent with the applicable provisions of the Federal Way Comprehensive Plan (FWCP). The proposed FWRC text amendments are consistent with the following EWCP policies and LUP3 Use design and performance standards to create attractive and desirable commercia( and office devetopments. LUP6 Conduct regular reviews of deve(opment regulations to determine how to improve upon the permit review process. LUP35 Allow a broad range of commerciai, reta.il, office, industria(, and supportive uses to meet the needs of workers and consumers, in we(1 integrated, well functioning, high qua.lity developments. EDG6 The City will encourage and support existing businesses to remain and/or expand their facitities within Federal Way. EDP10 The Ciry wili work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new deveiopment, businesses, and jobs to the community. EDP18 The City wi(l periodicaily monitor (ocal and regional trends to be ab(e to adjust ptans, policies, and programs. 2. The proposed amendment bears a substantial relationship to public heatth, safety, or welfare. Staff Report to the Planning Commission Page 6 K:�20 i 2 Code AmendmentslChange of UselPlanning Commission�Chanee of use Staff Report 3-26-2012[ 1].doc The proposed FWRC text amendments bear a substantial relationship to the public wetfare because they will allow a streamlined development �eview process for projects. �I'he proposed amendments wil( not adversely affect the public health o� safety. The proposed code amendments witl make the deveiopment ceview process more predictable and simple for applicabte proposals with tess 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 whoie by providing flexibi(ity in the zoning code, while establishing a more efficient review process for building permits and zoning approvats for new and existing non-residential uses. Approval of the proposed text amendments would benefit the city as a whole as they woutd provide the opportunity for a shorter and less costly review process for proposed devetopment and/or redevelopment of structures, and encou�age the development and occupancy of vacant existing non-residential buitdings in the city. VII. STAFF RECOMMEIYDA'fIOIY Based on the above staff analysis and decisional criteria, staff recommends that the proposed amendments shown in Exhibits A and B, summarized as fottows, be recommended for approval by the Planning Commission: 1_ Amentlmentc rn kie.==�..._�^,,; ,P„ss_aiici-eacreptians ��r mi��r exterior buitding modifications (Exhibit A). 2. Amendments to FWRC L9.t5.030 modifying the review process for improvements to deve(oped 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 1930.090 eliminating two sections pertaining to nonconforming development and change of use (Elchibit A). 5. Amendment to FWRC 19.15.090 modifying two sections pertaining to change of use and compiiance (E�chibit A). 6. Amendments to zoning use charts FWRC 19.210.010, 19.210.030, 19.215_010, 19.2 ( 5.080, 19.220.Ot0, t9.220.020, i9.220.030, 19.220_t iU, 19Z2S.010, 19.225.i00, 19.230.Ot0, 19.230.i20, 19235.010, i9.235.080, 19.240A50, I9.240.080, 19.240.130 (E�chibit B). VIII PLANN[NG COMM[SS[ON ACT[ON Consistent with the provisions of FWRC 19.80240, the Planning Commission may take the foilowing actions regarding the proposed zoning code text amendments: t. Recommend adoption of the FWRC text amendments as recommended by stafF 2. Modify the staff recommended FWRC text amendments and recommend to the City Council adoptioa of the F'WRC text amendments as modified; 3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or 4. Eorward the proposed FWRC text amendments to the City Counci( without a recommendation. Staff Report to the Planniag Commission Page 7 K:�2012 Code AmendmentslChange of UselPlanning Commission\Change of use Sraff_Report 3-26-20 (2[l j_doc Exx�rrs ExhibitA [3raft Code Amendments FWRC t9.030(c), i9.15_020, 19.15A25, 19.15.030, i9.15.090, 19.30.090. Exhibit B Amendments to the zoning use charts: FWRC 19.2i0.O1Q 19.210.030, 19.215.010, 19.215.080, 19.220.010, 19.220.020, 19.220.03D, 19.220.110, 19.225.010, 19.225.i00, 19.230.010, 19.230_120, t9.235.010, 19.235.084, 19.240.050, 19.240.480, 19.240.130_ Staff RepoR to the Pianning Commission Page 8 K:12Qt2 Code Amendments\Change of UselPlanning Commission\Change of use Staff Report 3-26-2012(1 ].doc Draft 3-27-2012 19.05.030 C definitions. "Canopy" means a permanent, rigid, roof-like structure that projects from a building as a sheiter, 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 structu�e 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-IN)"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. � u » r � � f f f . "Church, synagogue or other place of religious worship" means an establishment, the principal purpose of which is reiigious 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 desttuction and removal of vegetation by manua{, mechanical, or chemical methods. "Clearview zone" means the areas around intersections, i�cluding the entrance of driveways onto streets, which must be kept clear of sight obstruction. See FWRC 19.135.3Q0. "College or university" 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_ Ext��T 'I PAGE=O�_� Oraft 3-27-2012 19.15.020 €��s. Exemptions Permits for the foilowing are exempt from the provisions of process 1 through IV: (1) The development of detached dwelling units on pre-existing lots, except where a land use process is triggered by #he requirements ofi FWRC 19_145. (2) Any tenant improvements or normat maintenance on the subject property necessary to meet the varied requirements of continuing or succeeding tenants, except as identified in FWRC i 9.15.025. (3) The Direetar of Community and Economic Development sew4ses may exempt minor additions from the requirements of this chapter such as but not limited to additions necessary to house mechanicat equipment such as coolers, heating, ventita#ion, and ai� conditioning type of equipment, minor exterior buifdina fa�ade modifications such as awnings and canopies, installinq or relocating windows or doors. The Director may exempt o#her similar improvements for example improvements no# visible from riqhts of-wav or residential uses or zones. Proiects exempted from process I th�ouqh IV shall be reviewed for zoning compliance with the associated building, mechanicai or other permit. (Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-32.) 19.15.025 Zoninq and use review process for new tenants — Chanae of use at a developed site. The purpose of this section is to review and determine compliance with applicable ��i�-afld--develep+�e �wk�e existinq building or site, except sinqle familv and multi-familv reside�tial prot�osals. When a land use changes from one use cateqory in the zoninq cha�ts to another use cateqory, a zo�inq compliance review shall be performed as part of #he use process review, when required, or in coniunction with the required business reqistration and/or buildinq permit review. Each paraqraph in a zoninq cMar# is a use cateqory. I# the new use is in the same use cateqory as anv previous leqal use of the site, no zoninq compliance review is required. 1. Anv new use shaH comply with only those standards of the use zoninq charts that are directiv refated to the new use as determined bv the Director. Examples include parkinq, use specific se#backs, use specific special requlations and notes, and nonconforminq surface water quality improvements identified in FWRC section 19.30.120. Other nonconforminq aspects of the site which are not made nonconforming as a result of the change of use.are not required to be brouqht into conformance as a result of this subsec#ion. 2. If the review process for the new use is eQUa1 to or less than the review process required for anv previous legal use of the site, the zoning review shalt be completed as�pa�t of the required buildinq permit apqlication or if no buildinq permit is reQUired the review shall be completed as part of the business reqistration review: Except, anv new use that requires Process III (not as a result Ex�� A z PAGE�.t3�r�_ Qraft 3-27-2012 of SEPA reviewl or Process !V review will be required to apply for and receive approval of the use process indicated on the applicable use chart. � 3. if a new use requires a hiqher use process than the use process for any previous teqai use of the site then the applicant must appiy for and �eceive approval of the use process indicated on the appiicable use chart. 19.15.030 Review processes for improvements and additions to developed sites. lmprovements and/or additions to existing developed sites except critical area intrusions as �equlated bv FWRC Chapter 19 Oivision V, shall be subject to land use review processes as follows,: , , , �°-_- - (1) Minor improvements, modifications and addi#ions. Minor improvements. modifications and additions to a site such as pa�kinq tot and iandscape area modifications and improvements, and/or additions #o an existing developed site that are exempt from SEPA shalf be processed using process I, provided the improvements andlor additions do not exceed either of #he followinq thresholds: {a) 25% of the qross floor area of the exis#ing use; or (b� 2,000 squa�e feet of new gross floor area -�2) Substantial Improvements pr^,-�-n. Improvements and/or additions to an existing developed site that 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 gross floor area of the existinq use si�all be reviewed usinq process 1!. Substantial improvements to a site for a use which requi�es Process Ill or IV review shalt be reviewed pursuant to the use process indicated on the applicable use zone chart. (3) Major improvements �^^^r^„°^^°^+� .,,,� evomr�F fri+m ccoe. �mprovements and/or additions to an existing developed si#e that are no# exempt from SEPA and/or exceed 100% of the gross fiioor area of the exis#inq use shali be processed under process I11, 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 existinq developed site, the new improvement/addition shall be processed under the use process indicated bv the appticable use zone cha�t. E�Ck� � � ��' PAGE�_0��_ Oraft 3-27-2012 (Ord. No. 10-673, § 4, 10-'! 9-� 0; Ord_ No. 07-573, § 10, 12-4-07; Ord. No. 00-375, § 9, 10-3-00_ Code 2001 § 22-32_2_) 'l9.15.09fl Comple#e compliance required. (1) Generaily-€�ESeq� ' , aAn applicant must comply wi#h ali aspects, including conditions and restrictions, of an app�oval granted under this title in order to do everything authorizetl by that approval. (2) Requests fo� chanqes or modifications to an at�proved site that has been approved throuqh Use Process !-1V shall be processed in accordance with section 19.15.030 (1-4). L3� A �epuest to modifv a Process 1— iV aQproval, an approved site plan or a condition of approva! for a proposal that has been apnroved through Process I- IV must be submitted in writinct to the Director of Community and Economic Development and/or the Hearinq Examiner based upon the ievel of the underlving approved use process review. The Director andlor Hearina Examiner shall have the discretio� to approve those reques#s that are consistent with Citv codes. The Director or Hearing Examiner mav require notice to parties of record and/or adiacent propertv owners as deemed �- appropriate. Any requests #o 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 regula#ions prescribed in this title, that aspect, structure, improvement or development must be brought into conformance or o#herwise improved as set forth below. , , �X��' PAGE__��._��...�4 Draft 3-27-2012 (c) Increase in gross floor area_ if an applican# proposes to increase the gross floor area of any use on the subject property in any one of the foliowing ways, the appiicant shall comply with the development regulations in effect at the time of the proposai, as specified below: . {i) If expansion of gross floor area of an existing building occurs either through addition of new floors within the st�ucture or eniargement of the existing building footprint, the appticant shall compty with all development regulations in effect a# the time the expansion is proposed. If the property on which the expansion is proposed is occupied by muttiple tenants or uses, the applicant shall compty with those devetopment regulations applicable to the geographic portion of the site on which the expansion is proposed; or (ii) lf a new and separate structuce is being constructed on an already developed site, the applicant shalf comply with all development regulations applicable to the geographic portion of the site on which #he new structure and any �elated improvements are to be const�ucted; or (iii) tf the increase in gross floor area involves an existing singie-family residential dwelling, the applicant shall comply with the development regulations in effect at the time of the proposal. For single-famiiy residences, existing nonconfomnities may remain and continue so long as the existing nonconfo�mities a�e not being increased or expanded in any way. New construction or renovation which involves the �� applicable requirements of this Code including but not limited to provisions reiated to critical areas (FWRC Title 19, Division V), off-street parlcing (Chapter 19.130 FVVRC), improvements (Chap#er 19. � 35 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 19.225 FVIIRC, the existing building footprint shall not be enlarged, except the director may approve minor additions such as entry stn.�ctures, lobbies, seating or dinir�g areas, bay windows, and similar features; provided, that such addition{s) sha11 no# exceed 1,000 square feet per building in any one consecutive 12- month period, and shaN not increase the extent of any other nonconformance. (d) Abandonment. If an applicant proposes any work, including tenant improveme�ts, on property that has been abandoned, the appGcant shall comply wi#h afl development regulations applicabfe #o the subjecf property, to the extent physically or technicalty 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 andlor 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. (f} The applicant is making any alteration or changes or doing any work, other than normal maintenance, tenant improvements, or minor additions noted i� subsection {1){c)(iv) of this sec#ion, in any one consecutive 9 Z-month period to an improvement that is nonconforming and the fair marfcet value of the alteration, change or other work � ��j'� � EXt� - PaGE_�.��_ �J�- Draft 3-27-2012 exceeds 50 percent of the assessed or appraised value of that improvement. The appraisal must be from a sta#e-certified real estate appraiser. In the event this subsec#ion is triggered with respect to a singie-tenant or single-occupant site, the applicant shaA meet ail development regulations applicable to the property. In the event this subsection is #riggered witfi respect to a site occupied by multiple tenants or uses, the applicant sha11 comply with those development reguiations applicable to the geographic portion of #he site on which the alteration, change or improvement is proposed. For purposes of this determining value under this section, improvements requited pursuant to this sectian {nonconforming deveiopment), FWRC 19.30.110 (when public improvemen#s mus# be installed), 19.30.120 (nonconforming water quality improvements) and 9 9.135.030 (wMen public improvements must be ins#alled) shall not be counted towards the 50 percent threshold which would trigger appiication of this subsection. (2) This sec#ion does not govern applicatior� of Chapter 19.115 FV1/RC, Community Design Guidelines; application of Chapter 99.115 fWRC is govemed by FWRC 99.195.090 through 19.915.100, as amended. This section also does not govem application of devefopmen# regulations relating to water quality, signs, or street/sidewalk improvements; application of those development �egulations is govemed by FWRC 99.30.'l00, 19.30.1'!4, 19.30.120 and 19.135.020, all as amended. (Ord_ No. 90-652, § 7, 4-6-10; Ord. No. 06-515, § 3, 2-07-06; Ord_ No_ 04-468, § 3, '11- 16-04; Ord. No. 02-420, § 3, 7-2-02; Ord. No. 97-307, § 3, 92-1fi-97; Ord. No. 92-144, § 3(965_35(4�), 6-16-92; Ord. No. 92-13�, § 3{165.35(4)), 4-21-92; Ord. No. 91-113, . , - - ; @� . . , . , - - . 8- - Cross references: Off-street parking reguiations, Chapter 19.130 FWRC; zoning district regula6ons, FVNRC Title 19, Division VI; planned unit developments, Chapter 19250 FWRC. K:\2012 Code Amendments�Change of Use�Planning Commission�cou text 3-22. w-o track changes.docx �X�..�.�� PAGE � _43�.� CITY OF FEDERAL WAY PLANNING COMMISSION April 4, 2012 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Cornmissioners present: Merle Pfeifer, Tom MedhursY, Wayne Carlson, L.awson Bronson, and Sarady Long. Gommissioners absent: Hope Elder and Tim O'Neil (excused). Staffpresent: 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. AUpIENCE 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 amendmeuts 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 deveioped 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 — Arnendments to zoning use charts related to change of use. Commissioner Medhurst asked how minor improvements (as oppos�ed to substantial improvements) are defined. He understands that it will be done by square footage, but are there other criteria, such as impact, doilars 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 gross 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. EX� ��.r,.._._� K:1Planning Cartm�ission�201 IUNeeting Summary 04-04-12.dx .'1 PAGE_..� F__�__ Planning Commission Minutes Page 2 April 4, 2012 Commissioner Medhurst asked if a tenant moves into a multi-tenant building and over the years takes over almost ail, or all, of the building, would that trigger improvements, or would they be exempt under the proposed code amendment. Planning Manager Conlen repiied that if it is not a change of use, they would not need to do anything. If it is a change of use, it woutd trigger the city's review process. The proposed process to determine if a tenant is a change of use would ta.ke place during the business registration process (since there is 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 addirional review would be required. T'iie 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. Cornmissioner Bronson asked what type of substantial improvements to a site would require land use review process III or N. 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. Soxne 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 Counry 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 xneet 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 wili aliow 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 wiil 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��' 3 PAG�..�O�....�.. K:1Ptanning Commission12011 Vrteeti� Summazy 04-04-12.doc