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LUTC PKT 11-04-1999 ~ City of Federal Way City Council Land Use/Transportation Committee November 4, 1999 5:30 pm City Hall Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. APPROY AL OF MINUTES " ., . PUBLIC COMMENT (3 minutes) 4. COMMISSION COMMENT '. BUSINESS ITEMS A. 1998 Asphalt Overlay Project Acceptance/Retainage Re lease Action Salloum (5 mint B Military Road South/South 304th Street Action Traffic Signal Improvements Prejed Acceptance/Retainage Relea:o.e Salloum (5 mill) c. L:gislative Rezone Action Fewins (15 mill) D. Minor Sign Code Amendment Action McClung 1)0 min) E Telecommunications Ordinance Actiün Uark (30 min) F. Shoreline Changes Alction McClung (15 min) 6. FUTURE MEETING AGENDA ITEMS Ope:¡ Cut of ROW vs Boring End,mgered Species Act Update Regional Transportation Policies (Gates) 7. ADJOURN Comrnmee Members: Phil Watkins. Chair Jt:(.lI1ne ßwf¡id?,e ./yfary Gales City Staff' Stephen ClUion, Director, Community Development Services Sandy Lyle, Administrative Assistant 253.661.4116 1.'HJ.TRANSlnIJv4LUA City of Federal Way City Council Land Use/Transportation Committee October 18, 1999 5:30pm City Hall Council Chambers SUMMARY In attendance: Committee members Phil Watkins (Chair), Jeanne Burbidge and Mary Gates; Council Member Linda Kochmar; City Manager David Mosely; Director of Community Development Services Stephen Clifton; Public Works Director Cary Roe; Assistant City Attorney Bob Sterbank; Deputy Director of Community Development Services Kathy McClung; Deputy Public Works Director Ken Miller; Principal Planner Greg Fewins; Surface Water Manager Jeff Pratt; Street Systems Manager Marwan Salloum; Senior Planner Lori Michaelson; Assistant to the City Manager Derek Matheson; Contract Project Engineer Trent Miller; Planning Intern Joel Howitt; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER The meeting was called to order at 5:30 by Chairman Watkins. 2. APPROV AL OF MINUTES The minutes of the October 18, 1999, meeting were appròved as presented. 3. PUBLIC COMMENT Terry Woods of Sound Engineering in Tacoma approached the Committee with a request to rezone a 40 acre parcel of property near Fisher's Pond north of SW 320th Street, south of SW 316th Street, east of 8th Avenue SW if 8th were extended to SW 320th Street, and west of Mirror Wood Square and Manor (west of 3rd Place SW). Her request included rezoning the property from RS 7.2 to RS 9.6. Direction was given that she work with staff on a legislative rezone. Staff will return to the November 4, 1999, Land Use/Transportation meeting with details. 4. COMMISSION COMMENT There was no additional comment from any of the City Commissions. 5. BUSINESS ITEMS A. SWManagement/Department of Ecologv Ordinance & Manual Package - A committee consisting of the Department of Ecology (DOE), Federal Way consultants and Public Works and Community Development staff began meeting two years ago to revise and amend the City's Stormwater Management Ordinance. Their work was divided into 1) Stormwater Management Ordinance, 2) Operations and Maintenance Ordinance, and 3) Water Quality Ordinance. Also recommended for adoption and implementation was the King County Surface Water Design Manual and Federal Way Addendum. The ordinances will replace Chapter 21 of the FWCC Code. Rob Reiber, owner of the Flying J Truck Stop, was concerned about the impacts these new rules would have on the nonconforming code. Barbara Reid, a citizen, was concerned about possible impacts to existing wetlands. Following the informational presentation and discussion the Committee unanimously m/s/c recommendation of approval to the City Council at the November 2, 1999, meeting. B. South 320th Street Annexation Petition - Jerry Jackson came before the Committee to present a 10% Petition for annexation of six parcels of land located east of 1-5, north of South 320th Street and west of 32nd Avenue South adjacent to the recently annexed Quadrant Residential North property. The parcels, owned by William Pruett and Jerald Jackson, are geographically contiguous and are being processed concurrently as the 320th Street Annexation. According to King county, significant code violations exist on the Jackson property. The Committee unanimously rejected the petition for annexation until such time as the violations are corrected. C. Signs within Street Improvement Areas - Sign enforcement within the construction areas on South 320th Street and Pacific Highway South using standard procedures could result in the City purchasing newly replaced signs when the negotiations for land occur. Two alternatives are recommended to business/property owners. The first allows the sign to be displayed until construction occurs. A compliance agreement would be required and the City would not pay demolition costs. The second alternative would have the business owner replace the nonconforming sign placing the new sign behind the new right-of-way line. The City would pay 25% of the cost of replacement and removal of the old sign up to $2000 notwithstanding participation in the sign incentive program. The Committee m/s/c recommendation of approval to the City Council, which would result in a delay of sign code conformance of up to 18 months depending on the sign location and its relationship to the two Capital Improvement Projects and authorize the expenditure of funds from the South 320th/SR99 and Pacific Highway South Phase I Capital Improvement Projects. D. English Creek Maintenance Contract Final AccePtance - The Committee m/s/c recommendation to the City Council of final acceptance of the English Creek Project at the November 2, 1999, meeting. Summit Tree Service bid $24,800 with a contingency of $2,480 for a total of $27,280. Total project cost was $26,932.80, or $347.20 under the bid. Following Council acceptance, retainage will be released. 6. OTHER 7. FUTURE MEETINGS The next meeting will be held at 5:30pm in City Council Chambers on Thursday, November 4, 1999. 8. ADJOURN The meeting was adjourned at 6:45pm. I:\LU-TRANS\oct18LUS CITY OF - -: 8-: EC~ ~~ AY'" DA TE: October 14, 1999 TO: Phil Watkins, Chair Land Use/Transportation Committee FROM: Marwan Salloum, Street Systems Manager SUBJECT: AG 98-109; 1998 Asphalt Overlay Project Acceptance and Retainage Release BACKGROUND Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above referenced contract with M. A. Segale, Inc. is complete. The final construction contract amount is $1,900,029.52. This is $293,079.16 below the $2,193,108.00 (including contingency) budget that was approved by the City Council on May 18, 1998. Due to fact that the 1998 Street Overlay authorized funding (including contingency) was not expended and the City Council authorized Public Works Staff to add schedule El and G back in to the contract if the funding allows (see attached memorandum). Staff added schedule E1 and G in to the contract and extended the project completion date to 1999 due to weather condition. Staff will be present at the November 1 st Land Use & Transportation meeting to answer any questions the Committee might have. RECOMMENDA nON Place the following item on the November 19, 1999 Council Consent Agenda for approval: 1. Acceptance of the M. A. Segale, Inc. 1998 Asphalt Overlay Project, in the amount of $1,900,029.52, as complete. MS:ms cc: Cathy Rafanelli, Management Services Project file AG 98-109 Day file K:\LUTC\1999\98overly.fin CITY OF .. - 8_- EC~ ~~~ DATE: May 8, 1998 TO: Phil Watkins, Chair Land Use/Transportation Committee FROM: Ken Miller, Street Systems Manager SUBJECT: The 1998 Asphalt Overlay Project Bid Results BACKGROUND Four (4) bids were received and opened on May 12, 1998 at 10: 1 0 a.m. for the 1998 Asphalt Overlay Project, (see attached bid results for further detail). The lowest responsive, responsible bidder is M.A. Segale, Inc., with a total bid of$2,162,373.62. The budget for the 1998 Asphalt Overlay Project is $2,310,466, and is comprised of the following: 1998 Budget $1,013,566 1997 Carryforward $ 481,835 Utility Tax $ 800,000 Structures Budget $ 15,065 (Guardrails at 1't Ave S and 20th PI SW) In order to be within budget, it is recommended that Schedules E 1 (35th Avenue Southwest-South), and G (South 333rd Street) be deleted from the project, and a contract amount of $1 ,993,735.16 be awarded to M.A. Segale, Inc., and approve a 10% contingency of$199,373.52, for a total of$2, 193, 108.68. The estimated total project cost is $2,310,108.68, which includes the contract ($1,993,735.16), 10% contingency ($199,373.52), in-house design ($51,000), construction administration ($59,000 ), and printing and advertising ($7,000). RECOMMENDATION: Forward the following recommendations to the May 19, 1998 Council meeting for approval. 1) Award Schedules A, B, C, D, E, F, H, I, J, K, L of the 1998 Asphalt Overlay Project to M.A. Segale, Inc., the lowest responsive, responsible bidder, in the amount of $1,993,735.16, and approve a 10% contingency of$199,373.52. Authorize the City Manager to execute the contract. Authorize $59,000 for construction administration. If funding allows, and the contingency is not expended, approve adding all or a portion of Schedules Eland G back into the contract. 2) 3) 4) 1998 ASPHALT OVERLAY PROJECT BID RESULTS The following four (4) bids were received and opened on May 12, 1998 at 10:10 a.m. for the 1998 Asphalt Overlay Project: Contractor M.A. Segale, Inc. Woodworth and Co., Inc. Lakeside Industries Tucci and Sons, Inc. Engineer's Estimate 1998 Asphalt Overlay Budget Total Bid Amount $2,162,373.62 $2,311,825.30 $2,385,473.53 $2,418,720.85 $2,309,621.10 $2,310,466.00 The lowest responsive, responsible bidder is M.A. Segale, Inc.. Their bid for each schedule is as follows: Schedule Bid Project A $279,412.30 1 st Avenue South (Northend) B $229,771.87 1 st Avenue South (Southend) C $83,847.72 South 356th Street (Westend) D $123,112.59 South 356th Street (Eastend) E $201,325.36 35th Avenue Southwest (North) El $79,535.88 35th Avenue Southwest (South) F $611,692.97 Twin Lakes G $89,102.58 South 333rd Street H $163,560.33 Mar' Cheri I $50,758.46 Schaum Heights J $26,248.33 11 th Avenue Southwest K $32,829.00 Weyerhaeuser Digouts L $191,176.23 Adelaide The following is breakdown of the estimated total project construction costs with Schedules El and G deleted from the project. Contract Amount 10% Contingency Construction Administration In-house Design Printing and Advertising $1,993,735.16 199,373.52 59,000.00 51,000.00 7,000.00 Total $2310,108.68 K:\LUTC\ I 998\980LA WD.MEM (PSK) 5118/98 LUTC Meeting CITY OF .. ___8_- ~....,~~~ - -- ~~~'- ~~~ DATE: October 14, 1999 TO: Phil Watkins, Chair Land Use/Transportation Committee FROM: Marwan Salloum, Street Systems Manager SUBJECT: AG 98-185; Military Road South and South 304th Street and Traffic Signal Improvements Project Acceptance and Retainage Release BACKGROUND Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above referenced contract with Scocollo Construction, Inc. is complete. The final construction contract amount is $904,268.74. This is $17,029.93 below the $921,298.67 (including contingency) budget that was approved by the City Council on September 15, 1998. Staff will be present at the November 1st Land Use & Transportation meeting to answer any questions the Committee might have. RECOMMENDATION Place the following item on the November 19, 1999 Council Consent Agenda for approval: 1. Acceptance of the Scocollo Construction, Inc. Military Road South and South 304lh Street and traffic signal Improvements Project, in the amount of $904,268.74, as complete. MS:ms cc: Cathy Rafanelli, Management Services Project file AG 98-185 Day file K;\LUTC\1999\mili-304.fin DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES October 27, 1999 TO: Land Use and Transportation Committee / r7 ./ Stephen Clifton, Director of Community Development Services / FR: RE: Butko Legislative Rezone Request Recommendation The Land Use and Transportation Committee recommend to the City Council that the city initiate a legislative rezone process for the area identified on exhibit A., subject to the following condition: 1. An amount equivalent to quasi-judicial rezone and environmental appli~on fees shall be paid to the city prior to initiating the legislative rezone request. Bacbround At your October 19, 1999 meeting, Terry Woods, agent for Dick Butko, requested that the city initiate a legislative rezone. The request includes property located generally north ofSW 320th Street, south ofSW 3 16th Street, east of 8th Avenue SW (if extended to SW 320th Street) and west of the Mirror Woods Square and Manor developments (generally west of 3rd Place SW) (refer to exhibit A). The request is to rezone this area from single family residential ("'RS") 9.6 zoning to RS 7.2. Both zones allow the same type of uses with RS 9.6 and RS 7.2 requiring minimum lot sizes of 9,600 square feet and 7,200 square feet respectively. Rezoning this approximately 40.5 acre area would yield an estimated 46 additional single family homes based on raw land area. However the city's ownership of Fisher's Bog and the configuration of current development would yield significantly fewer than 46 additional homes. A complete evaluation of density and other development issues will be perfonned if the council initiates the rezone process. On September 2, 1999, city staff met with Mr. Butko to review a preapplication submittal for a proposed subdivision of nine lots and site specific quasi-judicial rezone from RS 9.6 to RS 7.2. The parcel is located directly west of 6th Avenue SW and south of SW 31-¡!h Place if extended west. A site specific rezone request of this type must be reviewed under the quasi-judicial rezone procedures of Federal Way City Code ("FWCC") Article VIII, Process V Review (refer to exhibit B). A quasi-judicial rezone is typically initiated by a property owner and involves only the owner's property. A request for quasi-judicial rezone is reviewed by the city's Hearing Examiner for recommendatron* to the City Council based on decisional criteria outlined in exhibit B, FWCC section 22-488(c)(2)(a-d). In summary, the applicant was advised that staff cannot support the rezone because it would not meet the required quasi-judicial rezone decisional criteria. Specifically, staff concluded that conditions in the vicinity have not significantly changed since adoption of the 1995 city wide zoning map and the rezone would not correct an inappropriate zone boundary (refer to exhibit B, FWCC section 22-488(c)(I)(b)(i-ii». Since staff's position is only advisory, the applicant could still submit and pursue a quasi-judicial rezone. Le2:islative Rezone Process Alternatively, FWCC establishes a process for the city to consider rezones on a larger area-wide basis. These types of rezones are called legislative rezones. Legislative rezones are distinguished from quasi-judicial rezones in that they are initiated by the city and include a large number of properties (refer to exhibit C, FWCC sectipn 22-525). As an example, adoption of the citywide zoning map in 1995 was a legislative zoning process. Criteria for considering legislative rezones are far more general than the criteria for quasi-judicial rezones (refer to exhibit C, FWCC section 22-526). Legislative rezones ~ reviewed by the Planning Commission for recommendation to the City Council. Requests for legislative rezones can be initiated by the city councilor council committee, or requested by the planning commission, city staff or any interested person including applicants, citizens, hearing examiner and staff of other agencies. In this case, staff directed the applicant to initiate this request with the Land Use and Transportation Committee ("LUTC") for direction. Relationshio to Comorehensive Plan Update Process LUTC members questioned how this action relates to the city's annual comprehensive plan amendment process. The site is currently designated by the compi'ehensive plan as single family high density. This designation contemplates both RS 9.6 and RS 7.2 as appropriate zone classifications. There~ore no comprehensive plan amendment is required for this rezone. In addition, the city is limited to amending the comprehensive plan one time per year. There is no such limitation on zoning map changes. This rezone action can occur at anytime without impacting the comprehensive plan process. Estimated Costs LUTC members questioned what city costs would be associated with this type of action. There is currently no city fee established for legislative rezones. For comparison purposes, quasi-judicial rezone fees for RS zoning include a base fee of $508.00 plus $282.00 per acre to a maximum of $12,416.00. In addition, environmental review fees would be $533.00. Quasi-judicial fees for this area of approximately 40.5 acres would result in rezone and environmental application fees of $12,462.00. Staff estimates that this fee represents the rough magnitude of staff time and expenses involved in this type of action. Summary Without taking a position on the merits of the legislative rezone, staff does support the applicant's request for the city to initiate a process to consider rezoning this area from RS 9.6 to RS 7.2. The area provides logical boundaries, is surrounded by zoning of comparable or higher zoning density, is consistent with the comprehensive plan and appears to be served by adequate urban services. If the council directs this legislative rezone process, a full analysis of density, infrastructure, services and potential impacts will be provided. Exhibits A Area Map ~. . B Federal Way City Code Article vm, Process V Review C Federal Way City Code Article IX, Process VI Review d16:butko.wp ~ ŒJ ; --------.-j i I I RS7.2 ..J 0.. I f- ro ~ en ~ <I: ~ CD RM3600 ~4 Mirror Woods Square Butko Property s.w. 317TH PL. "'II RS9.6 3: <Ii ~ <I: I f- r-- RS7.2 m~ --h -fi- .¡-+-- a i~ ." J>--- - N4te: This map is intended for use as a graphical representation only. T~ City of Federal Way makes no warranty as to its accuracy. Exhibit A - Area Map Size of Shaded Area: 40.59 Acres N + Map Printed-Oct 19 1999 § 22-460 FEDERAL WAY CITY CODE Sec. 22-460. Complete compliance required. (a) Generally. Except as specified in subsection (b) of this section, the applicant must comply with all aspects, including conditions and restrictions, of an approval granted under this article in order to do everything authorized by that approval. (b) Exception; subsequent modification. If a specific use or site configuration for the subject property was approved under this article or any quasi judicial process under a previous zoning code, the applicant is not required to apply for and obtain approval through this articl~:for a subse- quent change in use or site configúration unless: (1) There is a change in use and this chapter establishes different or more rigorous stan- dards for the new use than for the exist- ing use; or (2) The director of community development services determines that there will be substantial changes in the impacts on the neighborhood or the city as a result of the change. (Ord. No. 90-43, § 2(150.145), 2-27-90); Ord. No. 92-133, § 3(150.145), 4-21-92; Ord. No. 97-291, § 3, 4-1-97) Sees. 22-461-22-475. Reserved. ARTICLE VIII. PROCESS V REVIEW - QUASI-JUDICIAL REZONES* Sec. 22-476. Administration. This article describes process V. Under process V, the hearing examiner will hold a public hearing and based on the record of that hearing make a recommendation to city council, which will then decide upon the application. (Ord. No. 97-291, § 3, 4-1-97) *Editor's note-Ordinance No. 97-291, § 3, a~~ed April 1, 1997, amended §§ 22-476-22-498 to read as herein set out as new §§ 22-476-22-498. Formerly, such sections pertained to process III review and derived from Ord. No. 90-43, §§ 2055.05-155.110), 2-27-90. Cross references-City council, § 2-26 ~t seq.; hearing examiner, § 2-81 et seq; requirements for drainage review, § 21.87; power and jurisdiction of the hearing examiner, § 22-84; quasi judicial rezoning of certain districts to be under the process V review requirements, § 22-256 et seq. Supp. No 17 Sec. 22-477. Types of rezones. (a) There are two types of quasi judicial re- zones as follows: (1) Nonproject related. A quasi-judicial re- zone will be treated as nonproject-related if: a. The proposed rezone is initiated by the city and the subject property is not owned by the city; or The proposed rezone is from one single family residential zone classi- fication to another single family res- idential zone classification. (2) Project related. A quasi judicial rezone will be treated as project-related when it does not meet the reql}.irements of subsec- tion (a)(l) of this section. All project re- lated rezones require a specific develop- ment proposal for the subject property. (Ord. No. 97-291, § 3, 4-1-97) b. Sec. 22-478. Applications. (a) Who may apply. Any person may, person. ally or through an agent, apply for a decision regarding property he or she owns. (b) How to apply. The applicant shall file the following information with the department of community development services: (1) A completed application, with supporting affidavits, on forms provided by the de- partment of community development ser- vices; 'I\vo sets of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real prop- erty, as shown in the records of the county assessor for the subject property, within 300 feet of each boundary of the subject property; A copy of the county assessor's map iden- tifying the properties specified in subsec- tion (b)(2) of this section; A vicinity map showing the subject prop- erty with enough information to locate the property within the larger area; (2) (3) (4) 1388 EXH~B~T ~ PAGE t OF ') ( I \. (5) Any information or material that is spec- ified in the provision of this chapter that describes the applied-for decision; All information specified in section 22-32; and Any additional information or material that the director of community develop- ment services determines is reasonably necessary for a decision on the matter. (6) (7) (c) Fee. With the application the applicant shall submit the fee established by the city. The appli- cation will not be accepted:Unless it is accompa- nied by the required fee and meets the require- ments of section 22-32 and this section relating to what constitutes a complete application. (Ord. No. 97-291, § 3,4-1-97; Ord. No. 99-337, § 2, 3-2-99) Sec. 22-479. Compliance with State Environ- mental Policy Act. The State Environmental Policy Act applies to the decisions that will be made using this article. The director of community development services shall evaluate each application and, where appli- cable, comply with the State Environmental Pol- icy Act and with state regulations and city ordi- nances issued under the authority of the State Environmental Policy Act. (Ord. No. 97-291, § 3, 4-1-97) Sec. 22-480. Official file. (a) Contents. The director of community devel- opment services shall compile an official file on the application containing the following: (1) All application materials submitted by the applicant. (2) (3) The staff report. i.: All written comments received on the matter. The electronic recording of the public hear- ing on the matter. ~ The recommendation of the hearing exam- mer. (4) (5) Stipp. No. 21 ZONING § 22-481 (6) The electronic sound recording and min- utes of the city council proceedings on the matter. The decision of city council. (7) (8) Any other information relevant to the matter. (b) Availability. The official file is a public record. It is available for inspection and copying ill thë department of community development services during regular business hours. (Ord. No. 97-291, § 3, 4-1-97) Sec. 22-481. Notice. (a) Contents. The director of community devel- opment services shall prepare a notice of each application containing the following information: (1) The name õf the applicant, the project name (if applicable), the date of applica- tion, and the date of the notice of applica- tion. (2) The street address of the subject property or, if this is not available, a 10cationaI description in nonlegal language. Except for notice published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. The citation of the provision of this chap- ter describing the requested decision and to the extent known by the city, any other permits which are not included in the application. A brief description of the requested deci- sion, a list of the project permits included in the application, and, if applicable, a list of any studies requested under RCW 36.70A.440. The date, time, and place of the public hearing. A statement of the availability of the official file. (3) (4) (5) (6) (7) A statement of the right of any person to submit written or oral comments to the hearing examiner regarding the applica- tion. 1:389 EV~~1". ~.~. n.lii' 10 ffi;.,~: l II ;,;;2) , PAGE 2- OF j § 22.481 FEDERAL WAY CITY CODE A statement that only persons who sub- mit comments to the hearing examiner or specifically request a copy of the original decision may appeal the hearing examiner's decision. (9) The identification of existing environ men- tal documents that evaluate the proposed project and the location where the appli- cation and any studies can be reviewed. (10) A statement of the preliminary determi- nation, if one has been made at the time of notice, of those development regulations that will be used for proj~ct mitigation. (8) (b) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hear- ing as follows: (1) A copy will be sent to the persons receiv- ing the property tax statements for all property within 300 feet of each boundary of the subject property. (2) A copy will be published in the newspaper of general circulation in the city. (3) A copy will be posted on each of the official notification boards of the city. (c) Public notification sign. The applicant shall erect at least one public notification sign which complies with standards developed by the depart- ment of community development services. This sign shall be located on or near the subject prop- erty facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of community development services may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. (d) Timing. The public notification sii., o~ signs must be in place at least ten calendar days before the public hearing and removed within seven calendar days after the final decision of the city on the matter. " (Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-337, § 2, 3-2-99 ) Stipp. "D. 21 Sec. 22-482. Staff report. (a) Contents. The director of community devel- opment services shall prepare a staff report con- taining the following information: (1) All pertinent application materials. (2) All comments regarding the matter re- ceived by the department of community development services prior to distribution of the .staff report. (3) An analysis of the application under the relevant provisions of this chapter and the comprehensive plan. (4) A statement of the facts found by the director of community development ser- vices and the conclusions drawn from those facts. A recommendation on the matter. (5) (b) Distribution. At least seven calendar days before the hearing, the director of community development services shall distribute the staff report as follows: (1) A copy will be sent to the hearing exam- mer. ( A copy will be sent to the applicant. A copy will be sent to each person who has specifically requested it. (Ord. No. 97-291, § 3, 4-1-97) (2) (3) Sec. 22-483. Open record hearing. (a) General. The hearing examiner shall hold an open record hearing on each application. (b) Open to public. The hearings of the hearing examiner are open tothe public. (c) Effect. The hearing of the hearing examiner is the hearing for city council on the application. (Ord. No. 97-291, § 3, 4-1-97) Sec. 22-484. Electronic sound recording. The hearing examiner shall make a complete electronic sound recording of each public hearing. (Ord. No. 97-291, § 3, 4-1-97) 1390 EXH~BW1r F3 PAGE ? OF ~ Sec. 22-485. Burden of proof. The applicant has the responsibility of convinc- ing the city that, under the provision of this article, the applicant is entitled to the requested decision. (Ord. No. 97-291, § 3, 4-1-97) Sec. 22-486. Public comments and participa- tion at the hearing. Any person may participate in the public hear- ing in either or both of the following ways: (1) By submitting written comments to the hearing examiner, either by delivering these comments to the department of com- munity development services prior to the hearing or by giving these directly to the hearing examiner at the hearing. (2) By appearing in person, or through a representative, at the hearing and mak- ing oral comments directly to the hearing examiner. The hearing examiner may rea- sonably limit the extent of oral comments to facilitate the orderly and timely con- duct of the hearing. (Ord. No. 97-291, § 3, 4-1-97) Sec. 22-487. Continuation of the hearing. The hearing examiner may continue the hear- ing if, for any reason, he or she is unable to hear all of the public comments on the matter or if the hearing examiner determines that he or she needs more information on the matter. If, during the hearing, the hearing examiner announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given. (Ord. No. 97-291, § 3,4-1-97) Sec. 22-488. RecommendatÆn :by the hear- ing examiner. / I (a) Generally. After considering all of the infor- mation and comments submitted on the matter, the hearing examiner shall issué a written recom- mendation to the city council. Supp. No. 21 ZONING § 22-488 (b) TIming. Unless a longer period is agreed to by the applicant, the hearing examiner must issue the recommendation within ten working days after the close of the public hearing. (c) Decisional criteria. The hearing examiner shall use the following criteria for quasi judicial rezones: (1) - The city may approve an application for a quasi-judicial nonproject rezone only if it finds that: (2) The proposed rezone is in the best interest of the residents of the city; and The proposed rezone is appropriate because either: 1. Conditions in the immediate vi- cinity of the subject property have so significantly changed since the property was given its present zoning and that, under those changed conditions, a re- zone is within the public inter- est; or 11. The rezone will correct a zone classification or zone boundary that was inappropriate when established. It is consistent with the comprehen- sive plan; d. It is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan; and It is consistent with the public health, safety, and welfare. The city may approve an application for a quasi-judicial project related rezone only if it finds that: a. b. c. e. a. The criteria in subsection (1) above are met; and The proposed project complies with this chapter in all respects; and The site plan of the proposed project is designed to minimize all adverse b. c. 1390.1 EY.w.. L:I ~ fÇ.'~.".\.i:. :,¡.'=:'f,,~~ lj,..~'T '" k..'. c. '- PAGE 4- B OF ~ § 22-488 FEDERAL WAY CITY CODE ( d. impacts on the developed properties in the immediate vicinity of the sub- ject property; and The site plan is designed to mini- mize impacts upon the public ser- vices and utilities. (d) Conditions and restrictions. The hearing examiner shall include in the written recommen- dation any conditions and restrictions that the examiner determines are reasonably necessary to eliminate or minimize any undesirable effects of granting the requested rezone. . (e) Contents. The hearing examiner shall in- clude the following in the written recommenda- tion to city council: (1) A statement of facts presented to the hearing examiner that supports his or her recommendation, including any condi- tions and restrictions that are recom- mended. A statement of the hearing examiner's conclusions based on those facts. (2) (3) A statement of the criteria used by the hearing examiner in making the recom- mendation. (4) The date of issuance of the recommenda- tion. (f) Distribution of written recommendation. The director of community development services shall distribute copies of the recommendation of the hearing examiner as follows: (1) Mter the hearing examiner's written rec- ommendation is issued, a copy will be sent to the applicant, to each person who submitted written or oral testimony to the hearing examiner, and to each person who specifically requested it. ~. : Prior to the meeting where city council considers the application, a copy will be sent to each member of city council. The director of community devèlopment ser- vices shall include a draft resolution or ordinance that embodies the hearing (2) SlIpp. No. 21 examiner's recommendation with the copy of the recommendation sent to each city council member. (Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-337, § 2, 3-2-99) Sec. 22-489. City council action. (a) Generally. The city council shall consider the application at a scheduled meeting within 90 calendar days of the date of issuance of the hearing examiner's recommendation. This time period may be extended upon written agreement of the director of community development ser- vices and the applicant. Calculation of this time period shall not include any time necessary for a reopening of the hearing before the hearing ex- aminer under section 22-489(c). (b) Supplemental distribution. The director of community development services shall promptly send to each city council member any other rele- vant information not previously distributed to council members. ( (c) Scope of review. The city council review of the rezone application shall be limited to the record of the hearing before the hearing exam- iner, oral comments received during the public meeting (so long as those comments do not raise new issues or information not contained in the examiner's record), and the hearing examiner's written report. These materials shall be reviewed for compliance with review criteria set forth in section 20-125. The city council may also receive and review new evidence or information not con- tained in the record of hearing before the hearing examiner, but only if that evidence or informa- tion: (i) relates to the validity of the hearing examiner's decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence from the record. If the city council concludes, based upon a challenge to the hearing examiner recommendation or upon its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or inade- 1;190.2 E){HIB~T 13 PAGE '7 OF ~ ZONING § 22-489 quate to allow the city council to make a decision on the application, the city council may by motion remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion. ~ "0 , , ,. Supp. No. 21 1390.2.1 E X rrû ~ B, ~ lr._.~ PAGE ~ OF ~ ( (d) City council decision. After consideration of the entire matter, the city council shall, by action approved by a majority of the total membership, take one of the following actions: (1) Project related rezone. The city council has the option to: a. Grant the application as proposed; or modify and grant the application. In either case, it shall give effect to this decision by adopting a resolu- tion of intent to rezone. Deny the appJiCation. The city coun- cil shall give effect to a denial by adopting a resolution pursuant to section 22-489(g). b. (2) Non-project rezone. The city council has the option to: a. Approve the application, or modify and approve the application. In ei- ther case, it shall give effect to this decision by adopting an ordinance amending the zoning map of the city. Deny the application. The city coun- cil shall give effect to a denial by adopting a resolution pursuant to section 22-489(g). ( b. (e) Decisional criteria. The city council shall use the criteria listed in section 22-488(c). (û Conditions and restrictions. The city council shall include in the ordinance or resolution grant- ing the rezone any conditions and restrictions it determines are necessary to eliminate or mini- mize any undesirable effects of granting the re- zone. Any conditions and restrictions that are imposed become part of the decision. (g) Findings of fact and coTJ¿;lu~ions. The city council shall include in the or~nance or resolu- tion: (1) A statement of the facts that support the decision, including,any conditions and re- strictions that are lmposed; and The city council's conclusions based on those facts. (2) Supp. No 17 ZONING § 22-491 (h) Effect. The decision of city council on an' application for either a nonproject or project re- lated rezone is the fmal decision of the city. (Ord. No. 97-291, § 3, 4-1-97) Sec. 22-490. Notice of final decision. (a) General. Following the final decision by the city cQuncil, the director of community develop- ~ent services shall prepare a notice of the city's final decision on the application. (b) Distribution. After the city council's deci- sion is made, the director of community develop- ment services shall distribute a copy of the notice of the final decision as follows: (1) (2) . A copy will ?e mailed to the applicant. A copy will be mailed to any person who submitted written or oral comments to the hearing examiner. A copy will be mailed to each person who has specifically requested it. (3) (4) A copy will be mailed to the King County Assessor. (Ord. No. 97-291, § 3, 4-1-97) Sec. 22-491. Effect of city council approval of project-related rezone. (a) Effect on the applicant. The applicant may, subject to all applicable codes and ordinances, develop the subject property in conformity with the resolution of intent to rezone and the site plan approved as part of that resolution. (b) Effect on the city. If the applicant completes development of the subject property in conformity with the resolution of intent to rezone and the site plan approved as part of that resolution, the city shall give effect to the rezone by adopting an ordinance that makes the zone boundary or clas- sification change to the zoning map approved in the resolution of intent to rezone. (c) [Activity after notice.] The applicant may not engage in any activity based on the decision until the third working day after the notice of the final decision is distributed under section 22-490. 1:190.3 if:": ,\,"J" n 1:1 D IE» ¡:¡...~ "0-... Jk~c l'~ it'~1!j tÇJ) r! ¡ 1 ----. ¡/ F'/-\C;E 1 OF ~ § 22.491 FEDERAL WAY CITY CODE ( (d) Nonproject rezone. If the city council ap- proves a quasi-judicial nonproject rezone it will give effect to this decision by adopting an ordi- nance amending the zoning map of the city. (Ord. No. 97-291, § 3, 4-1-97) Sec. 22-492. Modifications. (a) Minor modifications. Subsequent to the adoption of the resolution of intent to rezone, the applicant may apply for a minor modification to the site plan approved as part of that resolution. The city will use process III described in sections 22-386 through 22-411 to review añd"aecide upon an application for a minor modification. The city may approve a minor modification only if it finds that: (1) The change will not result in reducing the landscaped area, buffer areas, or the amount of open space on the project; The change will not result in increasing the residential density or gross floor area of the project; The change will not result in any struc- ture, or vehicular circulation or parking area being moved more than ten feet in any direction and will not reduce any required yard; (2) (3) (4) The change will not result in any increase in height of any structure; The change will not result in a change in the location of any access point to the project; and (5) (6) The change will not increase any adverse impacts or undesirable effects of the project and that the change in no way signifi- cantly alters the project. (Ord. No. 97-291, § 3, 4-1-97) Cross reference--Process III review procedure require- ments, § 22-386 et seq. i: Sec. 22-493. Same-Major modifications. If the applicant seeks a modification to the approved site plan that does not m~et all of the requirements of section 22-493, the applicant may do so by submitting the application material required for a new quasi-judicial project related SUPI' No 17 rezone. The city will process and decide upon this application as if it were an application for a new quasi- judicial project related rezone. (Ord. No. 97-291, § 3, 4-1-97) Sec. 22-494. Judicial review. The action ofthe city in granting or denying an application under this article may be reviewed pursuant to RÇW 36.7üC in. King County Supe- rior Court. The land use petition shall be filed within 21 calendar days of the issuance of the final land use decision of the city. (Ord. No. 97-291, § 3, 4-1-97) Sec. 22-495. Lapse of approval. The applicant must begin construction, or sub- mit to the city a complete b\Ùlding permit appli- cation for the development activity, use ofland, or other actions approved under this article within one year after the final decision on the matter, or the decision becomes void, provided the city coun- cil may, in the resolution of intent to rezone, extend the time limits contained herein. The applicant must substantially complete construc- tion for the development activity, use of land, or other actions approved under this article and complete the applicable conditions listed in the decision within five years after the final decision of the city on the matter, or the decision becomes void. If litigation is initiated pursuant to this article, the time limits of this section are auto- matically extended by the length of time between the commencement and final termination of that litigation. Ifthe development activity, use ofland, or other action approved under this article in- cludes phased construction, the time limits of this subsection may be extended in the decision on the application. (Ord. No. 97-291, § 3, 4-1-97) ( Sec. 22-496. Time extension. (a) Application. Prior to the lapse of approval for a project related rezone under section 22-495, the applicant may submit a written application in the form of a letter with supporting documenta- tion to the department of community develop- ment services requesting a one-time extension of those time limits of up to one year. \ 13904 E "'17 \'1,.J1. ", r,F, )', Wij' B cø:.,¿J'\," J~¡~:"\'" "'-'. . P'A-,:;""'E=: B OF 9 . ~ -,-- (b) Criteria. The request must demonstrate that the applicant is making substantial progress on the development activity, use of land, or other actions approved under this article and that cir- cumstances beyond the applicant's control pre- vent compliance with the time limits of section 22-495. (c) Fee. The applicant shall include, with the letter of request, the fee as established by the city. The application will not be accepted unless it is. accompanied by the required fee. . (d) Review process. An application for a time extension will be reviewed:imd decided upon by the director of communitý development services. (, (e) Appeals. Any person who is aggrieved by the granting or denying of a request for a time extension under this section may appeal that decision. The appellantmùst file a letter of appeal indicating how the decision on the time extension effects the appellant's property and presenting any relevant material or information supporting the appellant's contention. The appeal will be heard and decided upon using process IV, de- scribed in section 22-476 et seq. Any time limit, pursuant to RCW 36.70B, upon the city's process- ing and decision upon applications under this article may, except as otherwise specifically stated in this chapter, be modified by a written agree- ment between the applicant and the director of community development services. (Ord. No. 97-291, § 3,4-1-97) Cross reference-Process IV review procedures, § 22-476 et seq. Sec. 22-497. Bonds. The city may require a bond under section 22-146 et seq. to ensure compliance with any aspect of the permit or approvaL (Ord. No. 97-291, § 3, 4-1-97) Cross reference-Bond requirements, § 22-146 et seq. Sec. 22-498. Complete eom~a~ee required. (a) General. Except as specified in subsection (b) ofthis section, the applicant must comply with all aspects, including conditions and restrictions, of an approval granted undèr this article in order to do everything authorized by that approval. Stipp. No, 21 ZONING § 22-516 (b) Exception, subsequent modification. If a specific use or site plan for the subject property was approved under this article, or any quasi- judicial process under a previous zoning code, the applicant is not required to apply for and obtain approval through this article for a subsequent change in a use or site plan unless: (1) There is a change in use and this chapter establishes different or more rigorous stan- -. dards for the new use than for the exist- ing use; or . (2) The director of community development services determines that there will be substantial changes in the impacts on the neighborhood or the city as a result of the change. (Ord. No. 97-291, § 3,4-1-97) Sees. 22-499-22-515. Reserved. ARTICLE IX. PROCESS VI REVIEW* Sec. 22-516. Purpose. Various places in this chapter indicate that certain proposals to amend the zoning map through a legislative rezone, amend the text of this chap- ter, or amend the comprehensive plan must be reviewed and decided upon using process VI. This article describes process VI. (Ord. No. 99-337, § 2, 3-2-99) *Editor's note-Ord. No. 99-337, § 2, adopted March 2, 1999 repealed article IX, §§ 22-516-22-538 in its entirety and enacted a new article IX, §§ 22.516-22.543. Former article IX pertained to similar material and derived from Ord. No. 90-43, § 2(130.10, 130.20, 130.25, 135.15, 140.15, 140.20, 140.25, 160.05,160.10,160.15,160.20,160.25,160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Feb. 27, 1990; Ord. No. 91.112, § 1(160.10, 160.15, 160.20, 160.25, 160.30,160.40,160.45,160.50,160.55,160.60, 160.65, 160.70, 160.75), adopted Dec. 3, 1991; and from Ord. No. 97-291, § 3, adopted April 1, 1997. Cross references-Requirements for drainage review, § 21-87; power and jurisdiction of the planning commission, § 22-59; amendments to the zoning regulations to be processed under the process VI procedure, § 22-216; amendments to the comprehensive plan to be processed through process VI review procedures, § 22-236; comprehensive plan, § 22-236 et seq.; legislative rezoning, § 22.276 et seq.; amendments, § 22-216 et seq.; legislative rezoning of certain districts to be under process VI review, § 22.276. 1~390.5 t? E)? ~.~ ¿i\\ ,I "r: ,r"" ¡; , -.,.,-.,.-.--...--.- P A G t:. '-" ~.._. () g'- ---'---.. (b) Criteria. The request must demonstrate that the applicant is making substantial progress on the development activity, use of land, or other actions approved under this article and that cir- cumstances beyond the applicant's control pre- vent compliance with the time limits of section 22-495. (c) Fee. The applicant shall include, with the letter of request, the fee as established by the city. The application will not be accepted unless it is. accompanied by the required fee. (d) Review process. An application for a time extension will be reviewed:ãnd decided upon by the director of community development services. ( (e) Appeals. Any person who is aggrieved by the granting or denying of a request for a time extension under this section may appeal that decision. The appellant must file a letter of appeal indicating how the decision on the time extension effects the appellant's property and presenting any relevant material or information supporting the appellant's contention. The appeal will be heard and decided upon using process IV, de- scribed in section 22-476 et seq. Any time limit, pursuant to RCW 36.70B, upon the city's process- ing and decision upon applications under this article may, except as otherwise specifically stated in this chapter, be modified by a written agree- ment between the applicant and the director of community development services. (Ord. No. 97-291, § 3, 4-1-97) Cross reference-Process IV review procedures, § 22-476 et seq. Sec. 22-497. Bonds. The city may require a bond under section 22-146 et seq. to ensure compliance with any aspect of the permit or approval. (Ord. No. 97-291, § 3, 4-1-97) Cross reference-Bond requirements, § 22-146 et seq. Sec. 22-498. Complete compRa~ce required. (a) General. Except as specified in subsection (b) of this section, the applicant must comply with all aspects, including conditions and restrictions, of an approval granted under this article in order to do everything authorized by that approval. SlIPI'. No.2] ZONING § 22.516 (b) Exception, subsequent modification. If a specific use or site plan for the subject property was approved under this article, or any quasi- judicial process under a previous zoning code, the applicant is not required to apply for and obtain approval through this article for a subsequent change in a use or site plan unless: (1) There is a change in use and this chapter establishes different or more rigorous stan- . dards for the new use than for the exist- ing use; or (2) The director of community development services determines that there will be substantial changes in the impacts on the neighborhood or the city as a result of the change. (Ord. No. 97-291, § 3, 4-1-97) Sees. 22-499-22-515. Reserved. ARTICLE IX. PROCESS VI REVIEW* Sec. 22-516. Purpose. Various places in this chapter indicate that certain proposals to amend the zoning map through a legislative rezone, amend the text of this chap- ter, or amend the comprehensive plan must be reviewed and decided upon using process VI. This article describes process VI. (Ord. No. 99-337, § 2,3-2-99) *Editor's note-Ord. No. 99-337, § 2, adopted March 2, 1999 repealed article IX, §§ 22-516-22-538 in its entirety and enacted a new article IX, §§ 22.516-22-543. Former article IX pertained to similar material and derived from Ord. No. 90.43, § 2(130.10, 130.20, 130.25, 135.15, 140.15, 140.20, 140.25, 160.05,160.10,160.15,160.20,160.25,160.30, 160AO, 160A5, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Feb. 27, 1990; Ord. No. 91-112, § 1(160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Dec. 3, 1991; and from Ord. No. 97-291, § 3, adopted April 1, 1997. Cross references--Requirements for drainage review, § 21-87; power and jurisdiction of the planning commission, § 22-59; amendments to the zoning regulations to be processed under the process VI procedure, § 22-216; amendments to the comprehensive plan to be processed through process VI review procedures, § 22-236; comprehensive plan, § 22-236 et seq.; legislative rezoning, § 22-276 et seq.; amendments, § 22-216 et seq.; legislative rezoning of certain districts to be under process VI review, § 22-276. 1390.5 E. ~,':?'P,UJ, n,', ¡l.:,},',) ;îc";,r t^ ¡;\j ~j'jlC~1i: "-----~_.- P.AGE_J__()F 7 § 22-517 FEDERAL WAY CITY CODE Sec. 22-517. Initiation of proposals. A proposal that will be reviewed using this article may be initiated by the city council or council committee, or requested by the planning commission, city staff, or any interested person, including applicants, citizens, hearing examiners, and staff of other agencies. (Ord. No. 99-337, § 2, 3-2-99) Cross references-City council, § 2-26 et seq.; planning commission, § 22-56 et seq. Sec. 22-518. Docket. The department of community development services shall maintain a docket of all changes to the comprehensive plan or development regula- tions and proposed by interested persons (includ- ing development applicants, citizens, hearing ex- aminers, and/or other agencies and staff). (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-519. Compliance with State Environ- mental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development services shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-520. City council review. (a) Docketed amendment requests. The city coun- cil shall review all requests docketed with the department of community development services concurrently, on an annual basis and consistent with RCW 36.70A.130(2). As part of such annual review, the council shall review all r~uests re- ceived prior to September 30 of the cale~dãr year. Requests submitted after September 30 shall be considered during the following annual review. In addition, for calendar year 1999 only, the city , council shall review all requests received prior to April 30, and shall consider and act upon those amendments during 1999. SlIpI'. No. 21 (b) Other amendments. The city council shall review city-initiated changes to the text of the comprehensive plan concurrently with docketed amendment requests. The city council may also review or amend the comprehensive plan when- ever an emergency exists, to resolve an appeal of the comprehensive plan or amendments thereto, or in other circumstances as provided for by RCW 36.70A130(2)(a). The citycouñciI may also review city-initiated changes to the text of this chapter or to the city's zoning map from time to time at the coùncil's discretion. (c) Additional information. The city council may request, through the city manager, that the department of community development services or any other department of the city provide any information or material on' the proposal(s), con- sistent with section 22-53L Cross reference-City council, § 2-26. (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-521. Timing of filing; notice. I Sixty days prior to September 30 in each cal- endar year, the city shall notifY all persons who submitted docket forms after September 30 of the previous calendar year. In 1999 only, 60 days prior to April 30, the city shall notify all persons whose comprehensive plan amendment requests were not considered during the 1998 amendment process. Notice shall also be given as follows: (1) Public notice notifying the public that the amendment process has begun shall be published in the city's official newspaper. (2) Notice shall be posted on the official city public notice boards. (3) A copy of the notice shall be mailed to other local newspapers. (4) All agencies, organizations, and adjacent jurisdictions with an interest, and all per- sons, who in the judgement of the director of community development services may be directly affected by changes to the comprehensive plan shall be sent a copy of the notice. In determining who may be affected by comprehensive plan changes, 1390.6 !E",,;,:,r¡,P<Jli',~ ¡ri:-", C !t:", '\ ' ': ¡: ...- --.----- PAC¡E l,U~= 7 ( the director may rely on written correspon- dence indicating an interest and received after September 30 of the previous year. (Ord. No. 99-337, § 2,3-2-99) I I , Sec. 22-522. Application. (a) Who may apply. Any person may, person- ally or through an agent, apply for a site-specific comprehensive plan designation change with re- spect to property he or she owns. In addition, any person may, personally or through an agent, re- quest changes to the text of the comprehensive plan or development reguJa.Jions codified in this chapter. - (b) How to apply. An applicant must complete a docket form prepared by the city. An applicant seeking a site-specific plan or zoning designation change shall also file the information specified in section 22-478 with the department of community development services. (c) The director of community development services shall have the authority to waive any of the requirements oftms section, ifin the director's discretion, such information is not relevant or would not be useful to consideration of the pro- posed amendment. (d) Fee. There is no fee for this initial applica- tion. After the prioritization process, applications to be considered during the amendment process shall submit the fee established by the city. (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-523. Criteria for prioritizing plan amendment requests. (a) Mter September 30 but prior to adopting any docketed amendment requests, the city coun- cil shall hold a public hearing and select those docketed amendment requests it wishes to con- sider for adoption. In 1999 only, selection shall occur after April 30, but prior to adoption of docketed amendments. i : (b) The city council shall consider the follow- ing criteria following a public hearing in selecting the comprehensive plan amendments to be con- sidered during the upcoming cycle: (1) Whether the same area or issue was stud- ied during the last amendment process StIpp. No. 21 ZONING § 22-524 and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. (2) Whether the proposed amendment is con- sistent with the overall vision of the com- prehensive plan. (3) Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. (4) In the case of text amendments or other amendments to goals and policies, whether the request benefits the city as a whole versus a selected group. (c) Ifthe request meets the criteria set forth in subsections (lH4) above, it shall be further evaluated accordinR to the following criteria: (1) Whether the proposed amendment can be incorporated into planned or active projects. (2) Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. Volume of requests received. A large vol- ume of requests may necessitate that some requests be reviewed in a subsequent year. (4) Order of requests received. (d) Based on its review of requests according to the criteria in subsections (b) and (c) above, the council shall determine which requests shall be further considered for adoption, and shall forward those requests to the planning commission for its review and recommendation. (3) (e) The council's decision to consider a pro- posed amendment shall not constitute a decision or recommendation that the proposed amend- ment should be adopted nor does it preclude later council action to add or delete an amendment for consideration. (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-524. Preapplications required. All applicants seeking an amendment to com- prehensive land use designations of the official 1390.7 E .f;'~'J~~nar C PA(~[3_0F -1- § 22-524 FEDERAL WAY CITY CODE ( comprehensive plan (site-specific requests) must apply for a pre-application conference with the city's development review committee (CDRC). (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-525. Legislative rezones. A legislative rezone is a rezone that meets the following criteria: a. It is initiated by the city; and b. It includes a large number of properties which would be similarly affected by the proposed rezone. . " All other rezones not meeting the above criteria are treated as quasijudicial rezones and are re- viewed and decided upon using process V. (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-526. Criteria for approving a legisla- tive rezone. The city may decide to approve a legislative rezone only if it finds that: (1) The proposal is consistent with the com- prehensive plan; (2) The proposal bears a substantial relation to public health, safety, or welfare; and (3) The proposal is in the best interest of the residents of the city. (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-527. Map change. If the city approves a legislative rezone it will give effect to this decision by making the neces- sary amendment to the zoning map of the city (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-528. Zoning text amendment crite- ria. ~ : The city may amend the text of this chapter only if it finds that: (1) The proposed amendment~ is consistent with the applicable provisions of the com- prehensive plan; Stipp. No. 21 (2) The proposed amendment bears a substan- tial relation to public health, safety, or welfare; and (3) The proposed amendment is in the best interest of the residents of the city. (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-529. Factors to be considered in a comprehensive plan amend- -mente The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan: (1) The effect upon the physical environment. (2) The effect on open space, streams, and. lakes. (3) The compatibility with and impact on adjacent land uses and surrounding neigh- borhoods. (4) The adequacy of and impact on commu- nity facilities including utilities, roads, public transportation, parks, recreation, and schools. The benefit to the neighborhood, city, and reglOn. ( (5) (6) The quantity and location ofland planned for the proposed land use type and density and the demand for such land. The current and projected population den- sity in the area. (7) The effect upon other aspects of the com- prehensive plan. For site-specific comprehensive plan amend- ments, the provisions of section 22-488(c) shall also apply. (Ord. No. 99-337, § 2,3-2-99) (8) Sec. 22-530. Criteria for amending the com- prehensive plan. The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substan- tial relationship to public health, safety, or welfare; and 1390.8 =';\r E~ fi :. ;' cc-~.. c D ' '~ ",..."-,- F' 1 ~:(,-"".i,'-'" OJ , r\...~t_.- The proposed amendment is in the best interest of the residents of the city. (3) The proposed amendment is consistent with the requirements of RCW 36.70A and with the portion of the city's adopted plan not affected by the amendment. (Ord. No. 99-337, § 2, 3-2-99) (2) Sec. 22-531. Official file. (a) Contents. The director of community devel-: opment services shall compile an official fùe con- taining all information and materials relevant to the proposal and to the citÝ's consideration of the proposal. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development during regular business hours. (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-532. Notice. ( Notice provisions under this section shall be followed for both the public hearing during which all requests for changes to the zoning map, zoning text, and the comprehensive plan are prioritized, as well as the public hearing held on individual requests. (a) Contents. The director of community de- velopment services shall prepare a notice of each proposal, for which a public hear- ing will be held, containing the following information: (1) The citation, if any, of the provision that would be changed by the pro- posal along with a brief description of that provision. A statement of how the proposal would change the affected provision. A statement ofw¥ areas, zones, or locations will be d~ectly affected or changed by the proposal. The date, time, and place of the public hearing. , A statement of the availability of the official file. (2) (3) (4) (5) Supp- No. 21 ZONING § 22-534 (6) A statement of the right of any per- son to submit written comments to the planning commission and to ap- pear at the public hearing of the planning commission to give com- ments orally. (b) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the - public hearing following the procedures of section 22-521. In addition, the proce- dures of section 22-481 shall be followed for site-specific requests regarding notifi- cation of adjacent property owners post- ing of the site. (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-533. Staff report. (a) General. The director of community devel- opment services shall prepare a staff report con- taining: (1) An analysis of the proposal and a recom- mendation on the proposal; and (2) Any other information the director of com- munity development services determines is necessary for consideration of the pro- posal, consistent with section 22-529. (b) Distribution. The director of community development services shall distribute the staff report as follows: (1) A copy will be sent to each member of the planning commission prior to the hearing. (2) A copy will be sent promptly to any person requesting it. (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-534. Public hearing. (a) Generally. The planning commission shall hold public hearings on each proposal, consistent with section 22-535, unless the city council elects to hold its own hearings on the proposal, in which case planning commission review pursuant to this article shall not be required. (b) Open to public. The hearings of the plan- ning commission are open to the public. 1390.9 F:" "")/7,', ',", 0 :,,-¡--¡¡ /', ~:F' ! , L--- PP\.Jt ~:.. 3- :0 F' 7 § 22.534 FEDERAL WAY CITY CODE (c) Effect. Except as provided in subsection (a) above, the hearing of the planning commission is the hearing for city council. City council need not hold another hearing on the proposal. (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-535. Material to be considered. (a) Generally. Except as specified in subsec- tions (b) and (c) of this section, the planning commission and city council may consider any pertinent information or materials in reviewing and deciding upon a proposal under this article. (b) Exclusion. Except as specified in subsec- tion (c) ofthis section, the city may not consider a specific site plan or project in reviewing and deciding upon a proposal under this process. (c) Exception for environment information. If a proposal that will be decided upon using this article is part of a specific project, the city may consider all information pertaining to SEPA envi- ronmental review and submitted under section 22-519 in deciding upon that proposal. (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-536. Electronic sound recordings. The planning commission shall make a com- plete electronic sound recording of each public hearing. (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-537. Public comment and participa- , tion at the hearing. Any interested person may participate in the public hearing in either or both of the following ways: (1) By submitting written comments to the planning commission either by delivering these comments to the departm~ of com- munity development services prior to the hearing or by giving them directly to the planning commission at the hearing. By appearing in person, ar through a representative, at the hearing and mak- ing oral comments. The planning com mis- (2) ~lIpp. No. 21 ( sion may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-538. Continuation of the hearing. The planning commission may, for any reason, continue the hearing on the proposal. If, during the hearing, the planning commission announces the time and place of the next public hearing on the proposal and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given. (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-539. Planning commission-Recom- mendation. : (a) Generally. Following the public hearing, the planning commission shall consider the pro- posal in light of the decisional criteria in sections 22-521, 22-523 or 22-525, and take one of the following actions: (1) If the planning commission determines that the proposal should be adopted, it may, by a majority vote of the entire membership, recommend that city council adopt the proposal. If the planning commission determines that the proposal should not be adopted, it may, by a majority vote of the members present, recommend that city council not adopt the proposal. If the planning commission is unable to take either of the actions specified in subsection (a)(1) or (a)(2) of this section, the proposal will be sent to city council with the notation that the planning com- mission makes no recommendation. C" (2) (3) (b) Modification of proposal. The planning com- mission may modify the proposal in any way and to any degree prior to recommending the proposal to city council for adoption. If the planning com- mission fundamentally modifies the proposal, the planning commission shall hold a new public 1390.10 J\"~' ,"'" n', ~ ~I'r:' 1<." p'fL:. \~~ C. _Jr- {J F 7 hearing on the proposal as modified prior to recommending the proposal to city council for action. (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-540. Same-Report to city council. (a) Generally. The director of community de- velopment services shall prepare a planning com- mission report on the proposal containing a copy of the proposal, along with any explanatory infor- , mation, and the planning commission recommen- dation, if any, on the proposal. (b) Transmittal to city eóuncil. The director of community development services shall transmit the planning commission report to the city man- ager for consideration by city council. (c) Distribution. The director of community development services shall promptly send a copy of the planning commission report to any person requesting it. (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-541. City council action. (a) General. Within 60 days of receipt of the planning commission report by the city manager, the city council shall consider the proposal along with a draft ordinance prepared by the city attor- ney, appropriate to enact or adopt the proposal. (b) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria listed in the provisions of this chapter describing the proposal. (c) City council action. After consideration of the planning commission report and, at its discre- tion, holding its own public hearing on the pro- posal, the city council shall by majority vote of its total membership: (1) Approve the proposal by adopting an ap- propriate ordinance; ~. (2) Modify and approve the Pl.op'osal by adopt- ing an appropriate ordinance; Disapprove the proposal by resolution; or (3) (4) Refer the proposal'back to the planning commission for further proceedings. If this occurs, the city council shall specify the Supp. No. 21 ZONING § 22-546 time within which the planning commis- sion shall report back to the city council on the proposal. (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-542. Transmittal to state. At least 60 days prior to final action being taken by the city council, but not prior to the close of the planning commission public hearing and transmittal of planning commission recommenda- tion to the LUTC, the state department of com- munity trade and economic development mCTED) and other interested affected local and state agen- cies, the county and surrounding jurisdictions, shall be provided with a copy of the amendments in order to initiate the 60-day comment period. All other parties previously notified shall be again notified that the draft amendments of the com- prehensive plan are available on request on a cost recovery basis. No later than ten days after adoption of the comprehensive plan, a copy of the adopted com- prehensive plan shall be forwarded to DCTED and others who submitted written comments on the draft comprehensive plan. (Ord. No. 99-337, § 2, 3-2-99) Sec. 22-543. Appeals. The action of the city in granting, modifying or denying an amendment to this chapter or to the comprehensive plan may be reviewed by the Cen- tral Puget Sound Growth Management Hearings Board pursuant to RCW 36.70A. (Ord. No. 99-337, § 2, 3-2-99) Sees. 22-544, 22-545. Reserved. ARTICLE X. TEMPORARY USES* Sec. 22-546. Administration. This article establishes a mechanism whereby the city may permit a use to be conducted on a short-term basis that would not otherwise be allowed in the zone in which it is proposed to be "Cross references-- Temporary business regulations, § 9.386 et seq.; temporary buildings or trailers for construction and real estate sales offices restricted, § 22-963. 1390.11 E"',,"'" ,. A .2~:' I',,' ~._--_._- PA' ",""" , L','-""~"'"" 1 ", ' " , '1 ' 'l:ïi C " ~- '- ~ --- ADDENDUM TO STAFF REPORT OF JUNE 2, 1999 CITY OF FEDERAL WAY Sign Code Amendments Multi-Tenant Centers with Distinct Parcels/Tenants Date: October 29, 1999 Staff Representative: Martin Nordby, Code Compliance Officer Staff Recommendation: Adopt one or a combination of the outlined options for multi-tenant site with multiple pads. I. BACKGROUND On February 28, 2000, the sign amortization period for all signs in Federal Way will end. All nonconforming signs will be required to meet current sign code requirements. As the end of the amortization period nears for businesses with nonconforming signs, a significant issue affecting multi-tenant complexes has arisen. A number of multi-tenant centers within the medium profile category contain single, separate pads or parcels. Many of these single tenants currently have their own freestanding signs. Many ofthese single tenant businesses are located on pads distinct from the adjacent multi-tenant center. These parcels can stand alone as if they were individually developed properties. They meet many or all the zoning requirements that apply to an individual development. They contain adequate parking and landscaping, and meet the setback requirements for the zone in which they are located. The Federal Way City Code (FWCC) establishes a definition for "subject property." That definition is needed to delineate the parcel or parcels involved in a development or are subject to the city's development regulations. This definition is used to define the entire scope of the property to be developed. Two criteria used by staff to define a subject property include the current or proposed architectural style of the buildings and whether the parcels are held in common ownership. However, this definition of subject property can confine a property owner with adjacent parcels that might otherwise not be included as part of that development or subject property for the purposes of determining signage. The definition of subject property in the FWCC states: "Subject property shall mean the entire lot or parcel, or series of lots or parcels, on which a development, activity or use is or will locate or on which any activity or condition regulated by or subject to this chapter is or will occur or take place." An example of this situation is the Red Lobster Restaurant. This business fronts South 32Qlh Street across from SeaTac Mall and is directly south of the Center Plaza complex. Both the restaurant and the plaza properties are owned by Andrew Cratsenberg. The criteria used by staff to define a subject property would include the restaurant property as part ofthe Center Plaza because of the common ownership. This could require Red Lobster to remove its sign even though the parcel is separate from the Center Plaza parcel and can stand alone for parking, landscaping, and setback requirements. Another example is the Rite Aid - Safeway shopping center located at SW 3361h and 21 sl Ave SW. This site contains several separate parcels that include a Washington Mutual Bank at the corner, a Godfather's Pizza restaurant, and a Dairy Queen restaurant. All are located on separate parcels and each building is distinct in design from the main shopping center complex. II. PROPOSED AMENDMENT OPTIONS Staff is proposing an amendment to the medium profile sign category be made allowing an applicant to have an additional sign when certain criteria are met. There are three options outlined below for establishing the criteria. The potential amendment could use one or a combination of these three options to establish the appropriate criteria: 1) The parcel for which an additional/separate sign would be considered must be able to stand alone as to code requirements for parking, setback, landscaping, and other relevant zoning requirements, except street access; is a separate and distinct parcel; and is not otherwise tied to the adjacent development's architectural theme or style and contains only a single tenant; or 2) The subject property is a separate parcel adjacent to more than one street frontage; or 3) The parcel has separate ownership or is subject to long term lease conditions and also meets the conditions in number 1. Addendum to Staff Report Page 2 Sign Code Amendments The intent of these options is to appropriately identify a distinct business or use that might otherwise be entitled to their own freestanding sign were they not in some way associated with a multi-tenant ¿enter. However, each has different implications when applied to specific sites or situations. FWCC Section 22-1601.2 governing Medium Profile free standing signs could be amended to add one or a combination of these options. The permitted additional signage could follow existing criteria for a medium profile site or establish a specific allowance for this situation. III. SUMMARY A number of sign codes from Puget Sound area cities, plus cities from around the country (including Raleigh, NC, from which we derived the low/mediumlhigh profile concept) were reviewed to see how they might handle similar situations. Few address this issue directly. However, most have some method for permitting additional signage in multi-tenant centers when certain criteria are met. Most often this has to do with the overall size of the parcel or length of street frontage. One city determined whether additional signage is permitted based on the distance ofthe secondary tenant to the primary structures. In the case of Raleigh, all multi-tenant developments are required to enter into what could be described as a "binding sign plan" with the city. The intent ofthis requested amendment is to reduce confusion for the business operator and/or property owner, clarify the code as it relates to a common development situation, and provide a reasonable option for those sites to have appropriate business identification without adding to the problem of sign clutter. IV. EXHIBITS A) Site Map of Center Plaza Property B) Site Map of Rite Aid - Safeway Center I: IDOCUMENTIS IGNREGSlAddendum, wpd Addendum to Staff Report Page 3 Sign Code Amendments h:""::"", .......:..:: .. -. .N .. 0' ~ ":J:. ~- m í - -" "¡'---O:' )/00 1::-') 1 , . . , . ./ ~ .....J . "". . , ..", .." :n.- -. . -. .~ . . , ,. ...." ct4:r ~~a ,;: : '-'. .:- ~ .~ _1' I.. ... , .. .. . " . , . . . r : : : : : " '..".' . " . -.. . . . , . ¡(! ~"':-I . ¡ j. ~. í / ',..~. . . '.'.' '.' . . , . , . , . . . , , . , . . , \:~::~,:" "'"""" ".-.......-::-:-. '.... " ." t. 0 "~~\~, C" . . ..> < m CA , . , , . . . . . , . . . . . I , . . , . . . , , . . . , '. .. I . " " .'" . , . . . . . . , . . . .'," '. . -.. -' . , , , , . , . . . .' , - . , . . . , . . . . . , . . . .. ..,....,.,.,.... . . ',-:': , ~ :~y~~gr~~:I?I~~: : : : : :: , . , , , . . , , , . . , , , , , . , . , . . . , . . . . . . . . , . . . '.' ... . . . . . . . . it . ... , . ., . , ' . , 'Ilf . a I . ar ...- . :' ...: :!! -' .. . '3 ..-' . ~ IKey Ba~" . . . . '. .. R~~~L~~r. ~" ""}, "\ \. S 320TH 8T '. . , . . . -' . . . '-"--"""'-' . .:.'.:.:.~::::~~:.:~..:...:.:.::.:.::J...:.~'...'. .': -., ,.. . Note: This map is intended for use as a graphical representaüon only. The City of Federal Way makes no warranty as to its accuracy. Map m8de by -Betty C ant Parcc.' '-'.. . I I.. -' Denny's' ---,', "00'" . ',' -. .9...: : r'" .~t::::::::::~\ , . "..........Ji í . i ,,; " '/ . :" .. .,! - OJ I» :J ~ ./ ". , . . I "",/'\_~.n-. '\ . '" . , 100 0 100 200 300 400 Feet ro---- I Medium Profile Site D Cratzenberg Property D Evergreen Plaza ¡Ç; :~:}j Buildings i . ..-. .! Pavement . ".~. '. Parcels ~~.~ .1 Sidewalk [~.~] Paved Edge of Roadwa~ Map Printed-oc:t 261999 N + Federal Way CityMap -.-.-- ~~~j~""...., ......} I...., I, "', . r,.pl;,;r;f/(IA:' ;': ì.:~~/'"~"-;',:" ¡ ';",,"""""'" : '- ,.lIMI',',-,' , ,,/'~ "t.~~~C::',¡ .,-... ....."",.'.... c. - /"'".,-', J i I : i r , ¡ ¡ i ¡ \...."...~/ /' "".' ""'" ...... '---;- """""",';, ",/" "" ". """"'<'-"""":,7"""-"""-"'<"'-'~7- ~ " " ..... .., ...." Ã'MP'US' 'DR'~'" \ "'" SW...C....... ......,.-.,...",\--....... :?~,......,...- '" ".....--'....-.--..'.-"\ ,/, , (,' ';.;-: . . , "~~;~:~i~~:~:;:;;:~,; ¡'Øt:""""';';':':'¡':' ... ,... .. ;'j4.~::;:;j ,:: '. WUII!IIØ>r.;¡t, " ~~;:~,~.;~¡~;.þ::~' :.""'" :""':': :"""-:'; :'; , ,'", " " " , ..." -.. , :,- ;.:; , , : ¡,'.;., :~,~~~¡;. . "" '.. " "'" , , ",."" " , , , , . , , , , " , , , , :1 " .,~ _.. ',' .. .,:." .., .,-'¡:~!.~m:':!"h';¡!~: ,¡:::~~:~:;;~';"~~;n;¡:.;~;:~~~:', : Tyter Terrace ;1,'.',',:.:.:.:"""", """""""""":-:':-:";'..:.',.....,.",..:",..:,;",,\;.~:.:- ",'", : 'Þ:::::~~::::::::::,:::::::::;;::::::\:;::;:::::;::::::::::::::;::::::::::;~;:~:~:~":"',,':' .ß~ail... .~~",...~!?~n);, @lj~yi%if~" ' """"""") .... ,.., """" , ." ... :.... ," , ...""""""'" ""'..~._.: , ..; ":,',";;::}~T:;,';.,::,¡ , ,. "':""::""~1~~' ~"", ',': ,.., '-1 :I:",'"~"..r""""'.'l",, i: ~ ",r."".r!i:i""""~"',i"',:"o",:::,i, ;"."",.. ";"",,," ':'~-"'-""':""""""'" . , I 1 '" t,......:;" ,t_-..~ ., :."."..,~ "" ' ..,,"""":~,:': , ""0" .., " ,,:,:~~:' ,.. - ,~ :. .,,/: , .... r'" ",' :"!~;::'" !" ...!... ,j .., "1 . ..00 "'....",... I I I h !..: , .... :00'" ,....: :,¡ !:::"...--.j .........,........ . , L2~~", ... .1 ....i ", "~,:";,,. C.....:.:........i L:'.'::...........! C':.':.':~~,,:;:':,::i """""'" L.~,.,.J """'.""". ",',' '! , " , : ............! 50 0 ~'!I"I- 50 200 Feet I 100 150 . .¡ Tyler Retail Shops 1:':::1 Rite Aid 1:::::::::1 Safeway 1:::::::::1 Bank D Godfather's 1:::;::>1 Dairy.shp 0 Twins.shp D Parcels &8 Buildings D Pavement . .......'........... Sidewalk Paved Edge of Roadway -~"~1 " , /j ."",,/ \,: , . r;~ , ,", ! " -- ~I\,) ,,/~~ .,en .",¡-I ¡ '» :<, :m" ~ CJ'J ; ~¡" ,,~ " ,& ". ',. '. \~ , :, i .. ~,,- :'-" I þ"" ( , . t",..",.....! + Twin Lakes Shopping Center Map PllnI8d-oct 28 1989 Federal Way CityMap Map made by -Betty CruT Note' This map is intended for use as a graphical ~sentation only, The City of Federal Way makes no warranty as to it.~ accurscy. CITY OF FEDERAL WAY MEMORANDUM DATE: October 28, 1999 To: Land Use/Transportation Committee (LUTC) FROM: Stephen Clifton, AI CP, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner Joel Howitt, Planning Intern Tim McHarg, Contract Senior Planner SUBJECT: Proposed Personal Wireless Service Facility Federal Way City Code Text Amendments I BACKGROUND The current City of Federal Way Personal Wireless Services Facilities (PWSF) review process, siting priorities, and development standards were established on September 19, 1997, through the adoption of Ordinance No. 97-300. The PWSF Ordinance was codified as Section 22-967 of the Federal Way City Code (FWCC). As part of its regular review of development regulations, staff has identified several aspects of the regulatory framework for PWSFs that are in need of amendment. This is due largely to rapidly changing telecommunications technology and the resulting siting preferences of the telecommunications industry. Attached as Exhibit A is a Draft Ordinance that identifies the proposed text amendments to the FWCC regarding personal wireless services facilities. The draft ordinance has been prepared in "line-in/line-out" format, with strikeouts (proposed deletions) and underline (proposed additions) indicated. Please note that subsequent to the Planning Commission's recommendation for approval of the Draft Ordinance that identifies the proposed text amendments to the FWCC regarding PWSFs, staff consulted further with the Public Works Department regarding collocation of PWSFs on structures within public rights-of-way. The Public Works Department supported collocation ofPWSFs on structures within public rights-of-way, provided specific conditions were met regarding functional impacts to the rights-of-way. City of Federal Way LUTC Report PWSF FWCC Text Amendments October 28, 1999 Page 1 Therefore, the Draft Ordinance attached as Exhibit A contains two alternatives for revision ofFWCC Section 22-966(d)(5), which addresses requirements for collocation ofPWSFs on structures within public rights-of-way. The two alternatives have been presented in side-by- side columns for purposes of comparison. In response to your comments and direction received at the September 14, 1999, LUTC meeting, the following materials are attached for your review: Exhibit B: Map of Existing and Proposed Personal Wireless Service Facilities Exhibit C: Site Photographs of Existing Personal Wireless Service Facilities, including the following facilities: Personal Wireless TypeofPWSF Location Address Provider 1. Metricom Pole-Top Unit Existing structure in Approximately at the the public right-of- southeast comer of 151 way. Way South and South 3341h Street. 2. Western Wireless Minor Facility Existing structure in East of 151 Way South the BP A trail. and south of SW 332od Street. 3a. US West PCS; and, 3a. Minor Facility; and, Existing structure in Northeast corner of 21 51 3b. Puget Sound Energy 3b. AMR "Cell-Master" the public right-of- Avenue SW and SW Control Station way. 325th Street. 4a. AT&T and, 4a. Monopole; and, 4a. RS 9.6 zoning Federal Way Fire 4b. Multiple Other 4b. Multiple Minor district; and, Station #39; 31617 1'1 Providers Facilities 4b. Existing Avenue South. broadcast, relay, and transmission towers. 5. Western Wireless Minor Facility RM-1800 zoning 30838 14th Avenue district on existing South. Note: the adjacent Airtouch building. Monopole is on another property and is a separate PWSF. 6. Sprint Lattice Tower BC zoning district. 1741 South 356th Street. City of Federal Way LUTC Report PWSF FWCC Text Amendments October 28, 1999 Page 2 II REASON FOR COUNCIL ACTION FWCC Chapter 22, Zoning, Article IX, Process VI Review, establishes a process and criteria for text amendments. Consistent with Process VI review, amendments to the FWCC text must be approved by the City Council based on a recommendation from the Planning Commission. III PLANNING COMMISSION RECOMMENDATION As indicated below in Section IV -- Procedural Summary of this staff report, the Planning Commission conducted a public hearing on the proposed text amendments to the FWCC regarding personal wireless services facilities on July 21, 1999. The public hearing was continued to August 18, 1999. After conclusion of the continued public hearing, pursuant to FWCC, Section 22-535, the Planning Commission considered the proposed text amendments in light of the decisional criteria outlined below in Section V of this report. By a unanimous vote of the membership present (5-0), the Planning Commission recommended that the City Council adopt the FWCC text amendments regarding PWSFs as outlined in Exhibit A. IV. PROCEDURAL SUMMARY July 21, 1999: Planning Commission Public Hearing August 18,1999: Continuation of Planning Commission Public Hearing September 14, 1999: LUTC Meeting November 4, 1999: LUTC Meeting V. DECISIONAL CRITERIA FWCC Section 22-523 provides criteria for text amendments. The following section analyzes the compliance of the proposed PWSF text amendment with the criteria provided by FWCC Section 22-523. The city may amend the text of Chapter 22, Zoning, only if it finds that: City of Federal Way LUTC Report PWSF FWCC Text Amendments October 28, 1999 Page 3 (1) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; The proposed FWCC text amendments regarding PWSFs are consistent with, and substantially implement, the following comprehensive plan goals and policies: LUG2 LUP4 LUP6 PUG 2 Develop an efficient and timely development review process based on a public/private partnership. Maximize efficiency of the development review process. Conduct regular reviews of development regulations to determine how to improve upon the development review process. Work with private utility companies to allow them to provide service in a way that balances cost-effectiveness with environmental protection, aesthetic impact, public safety, and public health. PUG 4 Ensure that development regulations are consistent with public service obligations imposed upon private utilities by Federal and State Law. PUP 3 PUP 4 The City should work to encourage, to the extent possible, the supply of all utilities to existing and new homes, offices, industrial, and commercial buildings. The City encourages the joint use of trenches, conduits, or poles, so that utilities may coordinate expansion, maintenance, and upgrading facilities with the least amount ofright-oi-way disruption. PUP 17 The City should require that site-specific utility facilities such as antennas and sub-stations are reasonably and appropriately sited and screened to mitigate adverse aesthetic impacts. PUP 19 The City should modify the zoning regulations to address the siting, screening, and design standards for wireless/cellular facilities, sub-stations, and antennafacilities in such a manner as to allow for reasonable and predictable review while minimizing potential land use and visual impacts on adjacent properties. City of Federal Way LUTC Report PWSF FWCC Text Amendments October 28, 1999 Page 4 (2) The proposed amendment bears a substantial relationship to public health, safety, or welfare; and The proposed FWCC text amendments will result in improved environmental and land use review processes, siting prioritization, and development standards for PWSFs, which have a direct relationship to the public health, safety, and welfare. (3) The proposed amendment is in the best interest of the residents of the city. The proposed FWCC text amendment will improve the compatibility ofPWSFs with surrounding land uses and to minimize land use conflicts between PWSFs and surrounding land uses through appropriate environmental and land use review processes, siting prioritization, and development standards. VI COUNCIL ACTION Pursuant to FWCC, Section 22-537(c), after consideration of the Planning Commission report, and, at its discretion, holding its own public hearing, the City Council shall by majority vote of its total membership take the following action: 1. Approve the proposed FWCC text amendment by ordinance; 2. Modify and approve the proposed FWCC text amendment by ordinance; 3. Disapprove the proposed FWCC text amendment by resolution; or 4. Remand the proposed FWCC text amendment back to the Planning Commission for further proceedings. If this occurs, the City Council shall specify the time within which the Planning Commission shall report back to the City Council on the proposed FWCC text amendment. LIST OF EXHIBITS Exhibit A Exhibit B: Exhibit C: Exhibit D: Draft Ordinance Amending the FWCC Text Map of Existing and Proposed Personal Wireless Service Facilities Site Photographs of Existing Personal Wireless Service Facilities Distribution List I :\DOCUMENTI T elecomlStaff Report.doc City of Federal Way LUTC Report PWSF FWCC Text Amendments October 28, 1999 Page 5 EXH[r- Þ. -"...,- PAG Ei. U F .ItL DRAFT CITY OF FEDERAL WAY ORDINANCE NO. 99 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY MUNICIPAL CODE PERTAINING TO SITING AND DEVELOPMENT STANDARDS AND REVIEW PROCESSES FOR PERSONAL WIRELESS COMMUNICATION FACILITIES WHEREAS, Section 704 of the Federal Telecommunications Act of 1996 preserves local zoning authority over decisions regarding the placement, construction, and modification of personal wireless service facilities, provided that regulation not discriminate among providers of functionally equivalent services nor prohibit, or have the effect of prohibiting, the provision of personal wireless services; and, WHEREAS, the Federal Telecommunications Act of 1996 and RCW 80.36.375 restricts and partially preempts a city's authority to regulate personal wireless service facilities; and, WHEREAS, personal wireless services facilities comprise a rapidly growing segment of the utilities and communications sector and have merit and value for the community and region as a whole; and, WHEREAS, personal wireless services facilities are supportive of the public health, safety, and welfare in that they provide useful portable communication services for personal convenience, business, and emergency purposes; and, WHEREAS, the City of Federal Way is concerned that future decisions regulating the siting and development of personal wireless services facilities, without appropriate standards and review processes, may adversely effect the public health, safety, and welfare of residents of the City of Federal Way; and, WHEREAS, the City of Federal Way reviewed potential impacts from the Personal Wireless Services Facilities Code Amendment Ordinance in compliance with the State Environmental Policy Act; and, WHEREAS, the Personal Wireless Services Facilities Code Amendment Ordinance will implement and is consistent with the Federal Way Comprehensive Plan; and, WHEREAS, the Planning Commission conducted a duly noticed public hearing on the draft Personal Wireless Services Facilities Code Amendment Ordinance and forwarded a recommendation of approval to the City Council; and, DRAFT ORDINANCE NO. 99- , PAGE I October 27, 1999 DRAFT EXJL~i![-C A [íL c .....~ P A G E.-& u r..5..L WHEREAS, the City Council finds that the Personal Wireless Services Facilities Code Amendment Ordinance is consistent with the intent and purpose of the Federal Telecommunications Act of 1996 and RCW 80.36.375. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, IN REGULAR SESSION, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The purpose of this Ordinance is to amend the Federal Way City Code to satisfy the following basic needs: A. B. To provide appropriate standards and review processes for decisions regulating the siting and development of personal wireless services facilities; and, To be consistent with and implement the Federal Communications Act of 1996 and RCW 80.36.375. Section 2. Section 22-1 of the Federal Way City Code is hereby amended to incorporate the following definitions in alphabetical order: Abandoned personal wireless service facilitv shall mean a PWSF that meets the following: (1) (2) (3) (4) Operation has voluntarily ceased for a period of 60 or more consecutive days: or, The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days: or, The antenna has been relocated at a point less than 80 percent of the height of the support structure: or, The number oftransmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. Cell-on-Wheels (C-O-W) shall mean a mobile temporary personal wireless service facility. Temvorarv Personal Wireless Service Facilitv shall mean a personal wireless service facility which is to be placed in use for a limited period of time, is not deployed in a permanent manner, and does not have a permanent foundation. DRAFT ORDINANCE NO. 99- , PAGE 2 October 27, 1999 DRAFT Section 3. Section 22-614 ofthe Federal Way City Code is hereby amended to read as follows: Sec. 22-614. Personal wireless service faciJity. The following uses shall be permitted in the suburban estate (SE) zone subject to the regulations and notes set forth in this section: USE Personal wireless service facility (PWSF) See note ~ 4 for allowed ~ PWSFs JJ R E G U L A T I 0 N S ~ Process MJNjMDM S REQUIRED YARDS LOT SIZE FRONT SIDE See note 2 See note I See note I See note I DRAFT ORDINANCE NO. 99- USE ZONE CHART ~.= DIRECTIONS: FIRST, read down to find use" , THEN, across for REGULATIONS liAYnfl~'< REAR w:¡: I MAXIMUM Ce"E~ ' CB HEIGHT See note I ~ , PAGE 3 Refer to Section 22- 967 for maximum heights for allowed types of ~ See note 2 LANDSCAPE SIGNS See note 4~ Me ....ø4 Not allowed on a PWSF PARKING II ZONE SE I SPECIAL REGULA nONS AND NOTES N/A t. t Iii iA OA S an~ A.."iIlO'" fer Ih"e itellO ill he in aeeBf~al e. lB Ihe oA~eli) it g .BI il.g for e.eh Bflhe li,te. ~. Not applicable PWSFs allowed on existing structures only. 2. The review process used will be as follows a. Pme", III ifl!.e P'I'SF ..ee.. II , o"~"')ÌI,g height Ii..it k. P,e,e" III ifll , P"'SF i, eell..ale~ aA OA !Hi,IiAg P"'SF e. pobliel\ ",j 'I..,to.. an. i, I", II RI I,' ohe , th. ",i,IiAg faeilit) or ,Irue",re a. Subject to meeting all applicable development standards, Process III for the following proposals i. The PWSF is collocated on an existing PWSF and is less than 15' above the existing facility; or, ii. The PWSF is located on a publicly used structure not located in a public right-of-way and is less than IS' above the structure; or, iii. The PWSF is located on an existing structure in the BP A trail and is less than IS' above the existing structure; or, iv. The PWSF is located on an existing structure in an appropriate public right-of-way and is less than IS' above the existing structure, plus any height granted under Chapter 22-967(b ). b. Variance process pursuant to FWCC Chapter 22, Article II, Division 8 for the following proposals, i. The PWSF is collocated on an existing PWSF and is more than 15' above the existing facility; or, ii. The PWSF is located on a publicly used structure not located in a public right-of-way and is more than 15' above the structure; or, iii The PWSF is located on an existing structure in the BPA trail and is more than 15' above the existing structure; or, iv. The PWSF is located on an existing structure in an appropriate public right-of-way and is more than 15' above the existing structure, plus any height granted under Chapter 22-967(b) c. All other types and locations of PWSFs are not allowed. J. Signs ate I el all. ed en a P":&F. 43. All PWSFs shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF dëvelopment regulations. At a minimum, ó4of a five (5) foot Type III landscaping !œ! shall be required ~ facility, unless the community development services director determines that the facility is adequately screened ~. S.. Seeli.n 22 ~(((,) ÞI...: New free-standing PWSFs are not allowed. PWSFs shall be ðftiy allowed 2!!!x on existing towers, ..,.¡ on publicly used structures not located in public rights-of-way, on existing structures located in the BPA trail, and on existing structures in appropriate public rights-of-way. Refer to Section 22-966(d) for development standards applicable to allowed types of PWSFs, October 27, tg G) rn m ',.9 ,'>'. , -, ---¡ 1\11 ( - 1'» 1999~ IV/ Section 4. DRAFT Section 22-649 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-649. Personal wireless service facility. The following uses shall be permitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section: USE u Personal wireless service facility (PWSF) See note ~ 4 for allowed types of PWSFs R E G U L A T I 0 N S ~ Process USE ZONE CHART uA=..fue DIRECTIONS: FIRST, read down to find use, " THEN, across for REGULATIONS MINIMUMS REQUIRED YARDS See note 2 LOT SIZE MHO I MAXIMUM GQ"E~ 'Œ ~ LANDSCAPE SIGNS FRONT SIDE REAR See note I Refer to Section 22- 967 for maximum heights for allowed types of PWSFs Not allowed on a PWSF See note I See note I See note 1 ~ See note 42 !;ee ~ See note 2 DRAFT ORDINANCE NO. 99- , PAGE 4 I ZONE I ~I ~ SPECIAL REGULA nONS AND NOTES N/A l. 11i.i,., ......."in., "f.rt~...it"..J ill~ei, ..aa ...e.t8t~e",."I)i'o...iI18f.. .."hoftlali".. ~ Not applicable PWSFs allowed on existing structures only 2. The review process used will be as follows. . Pma... III if the P"'&Y !om!!! the .....1) i, ~ ~eigI t Ii. it L n_~.._.. m ,e.L.. nu'er~- --"~.......L- -- ....,...,-~ ",HOC -- ....LU.. .._-~ -.-...,...... --~ ,- Lu ,L... "'_L tkea!li"i,~f.,ilit)I\'stn"t.'J ...-.. 0 ..,... , n_--_.- on .-- a Subiect to meeting all applicable development standards, Process III for the following proposals: i. The PWSF is collocated on an existing PWSF and is less than 15' above the existing facility; or, ii. The PWSF is located on a publicly used structure not located in a public right-of-way and is less than 15' above the structure: or, iii. The PWSF is located on an existing structure in the BP A trail and is less than IS' above the existing structure; or, iv. The PWSF is located on an existing structure in an appropriate public right-of-way and is less than IS' above the existing structure, plus any height granted under Chapter 22-967(b). b. Variance process pursuant to FWCC Chapter 22, Article II, Division 8 for the following proposals' i. The PWSF is collocated on an existing PWSF and is more than IS' above the existing facility; or, ii. The PWSF is located on a publicly used structure not located in a public ri~ht-of-way and is more than 15' above the structure; or, iii. The PWSF is located on an existing structure in the BP A trail and is more than 15' above the existing structure; or, iv. The PWSF is located on an existing structure in an appropriate public righl-of-way and is more than 15' above the existing structure, plus any height granted under Chapter 22-967(b) c. All other types and locations of PWSFs are not allowed 3.gi8,..,a..t.lla '".. .P"'gF. 43. All PWSFs shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF development regulations. At a minimum, ó4of a five (5) foot Type 1lI landscaping ~ shall be required ~ facility, unless the community development services director determines that the facility is adequately screened. ~. g.. geatia. 22 9H(a). þla.. New free-standing PWSFs are not allowed PWSFs shall be...,¡y allowed ~ on existing towers, """ on publicly used structures not located in public rights-of-way, on existing structures located in the BPA trail, and on existing structures in appropriate public ri,gllts-of-way- Refer to Section 22-966(d) for development standards applicable to allowed types of PWSFs October 27, 1999 ~ ( ~ G) m m X t::;:¡c - '-:::1 ~> I Section 5. DRAFT Section 22-681 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-681. Personal wireless service facility. The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section: USE Personal wireless service facility (PWSF) See note ~ 4 for allowed types of PWSFs u :1 G' u ~I T I O! N s =:;, Process MINIMUMS REQUIRED Y AltOS LOT SIZE FRONT SIDE See note 2 See note I See note I See note I DRAFT ORDINANCE NO. 99- USE ZONE CHART >LAY"""'" DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS REAR I,g:¡: I MAXIMUM CO' 'liP . CE ----¡:jEjffiff' SIGNS See note I ~ , PAGE 5 LANDSCAPE Refer to Section 22- 967 for maximum hei~hts for allowed types of PWSFs See note 41 .... .....,..; Not allowed on a PWSF See note 2 I ZONE I PARKING I RM SPECIAL REGULATIONS AND NOTES N/A I. IIi, illu, ,and A e i, 0' ,for th", i.." ill he in eee..de, et Ie II e -, .,..1) iAg eoniAg fm eeeh efthe 1i,lod ~ Not applicable PWSFs allowed on existin~ structuresQlliy 2 The review process used will be as follows e. P...." III if II.. p',/gr A ee.. lie _nderl)iAg I eight Ii",it. h. Pre.." III ifll,e pv:gr i- telleeeled eA Oft e"i"i, g p"'gr e, ~_hliel) 0". ,II_el_" en. i, I." then IS' ehe e Ihe e"iOlil! feeilil; or .true"". a. Subject to meetin~ all applicable development standards, Process III for the followin" proposals i. The PWSF is collocated on an existin~ PWSF and is less than IS' above the existing facility; or, ii. The PWSF is located on a publicly used structure not located in a public ri~ht-of-way and is less than 15' above the structure; or, iii. The PWSF is located on an existin" structure in the BP A trail and is less than IS' above the existin!< structure; or, iv. The PWSF is located on an existin!< structure in an appropriate public ri"ht-of-way and is less than 15' above the existing structure, plus any height !<ranted under Chapter 22-967(b) b. Variance process pursuant to FWCC Chapter 22, Article II, Division 8 for the followin!< proposals i. The PWSF is collocated on an existing PWSF and is more than IS' above the existing facility; or, ii. The PWSF is located on a publicly used structure not located in a public right-of-way and is more than IS' above the structure; or, iii. The PWSF is located on an existin!< structure in the BFA trail and is more than IS' above the existin!< structure; or, iv. The PWSF is located on an existin" structure in an appropriate public right-of-way and is more than IS' above the existing structure, plus any hei!<ht granted under Chapter 22-967(b) c. All other types and locations ofPWSFs are not allowed J. gig", ere' ðIalle..e. en e p'l/gr. 41 All PWSFs shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF development regulations. At a minimum, ~a five (5) foot Type III landscaping ~ shall be required ~ facility, unless the community development services director detemines that the facility is adequately screened ~. gee geetien JJ 9(((e). tlet,. New free-standin!< PWSFs are not allowed. PWSFs shall be""'" allowed 2!!!r on existing towers, """ on publicly used structures not located in public rights-of-way, on existing structures located in the BPA trail, and on existin!< structures in appropriate public rights-of-way. Refer to Section 22-966(d) for development standards applicable to allowed ty¡¡es of PWSFs. October 27, ~ r'\ bJ/ '=1. m """; -'. "'"'1 ¡\It ( n. ,. 1999~i Section 6. DRAFT Section 22-700 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-700. Personal wireless service facility. The following uses shall be permitted in the professional office (PO) zone subject to the regulations and notes set forth in this section: USE Personal wireless service facility (PWSF) See note ~ 4 for allowed ~ PWSFs lJ R E G U L A T I 0 N S ~ Process MINIMUMS REQUIRED YARDS LOT SIZE FRONT SIDE See note 2 See note I See note I See note I DRAFT ORDINANCE NO, 99- USE ZONE CHART ."v~ DIRECTIONS: FIRST, read down 10 find use, , , THEN, across for REGULATIONS REAR ¡,g:¡: MAXIMUM HEIGHT SIGNS LANDSCAPE ~^"~D .~C ~ ~~ See note I Refer to Section 22- 967 for maximum heights for allowed types of PWSFs Not allowed on a PWSF See note 4l - &eo fI6I<4 See note 2 , PAGE 6 I ZONE I PARKING I PO SPECIAL REGULA nONS AND NOTES N/A l. rli,i, 01 ,.nd",ino, ,futI,..eite., ill.ei, e.eerd..eelBlkeolde.l)i.g ..i'gfue.e' ailkeli,ted -- Not applicable. PWSFs allowed on existing structures-""'.Y. 2. The review process used will be as follows '.Preee"lIliflleP",£r, e""~eo.derl)ilglei6hlli.it . P",.e" 1Il iille pn'gF i, ,allae.ted.. e. ...i"i, g p"'gF 01 ~..Iiel) "oed ,"".,.". ..d i, I", >1 or I I' .be . '~e ."i,'i, g f..ilill '" ,tfUet"re. a Subject to meeting all applicable development standards, Process 1Il for the following proposals i. The PWSF is collocated on an existing PWSF and is less than 15' above the existing facility; or, ii. The PWSF is located on a publicly used structure not located in a public right-of-way and is less than 15' above the structure; or, iii. The PWSF is located on an existing structure in the BP A trail and is less than 15' above the existing structure; or, iv. The PWSF is located on an existing structure in an appropriate public right-of-way and is less than 15' above the existing structure, plus any height granted under Chapter 22-967(b ). b. Variance process pursuant to FWCC Chapter 22, Article If, Division 8 for the following proposals' i. The PWSF is collocated on an existing PWSF and is more than 15' above the existing facility; or, ii. The PWSF is located on a publicly used structure not located in a public right-of-way and is more than 15' above the structure; or, iii. The PWSF is located on an existing structure in the BPA trail and is more than IS' above the existing structure; or, iv. The PWSF is located on an existing structure in an appropriate public rightof-way and is more than 15' above the existing structure, plus any height granted under Chapter 22-967(b) c. All other types and locations of PWSFs are not allowed J. gign' are RBI alia .d... 1""&1' 43. All PWSFs shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF dëvelopment regulations. At a minimum, ¥-efa five (5) foot Type 1Illandscaping~ shall be required ~ facility, unless the community development services director determines that the facility is adequately screened ~. ge, g..li6' 22 ~..(,). tl"a New free-standing PWSFs are not allowed. PWSFs shall be""'" allowed £!!!r on existing towers, ..,.¡ on publicly used structures not located in public rights-of-way, on existing structures located in the BP A trail, and on existing structures in appropriate public rights-of-way. Refer to Sectiol112-96§«1l for development standards applicable to allowed tvpes ofPWSFs. October 27, 1999 ~ ::;) rn m t:-.:.~ &~ ~ { w ,0 I I > DRAFT Section 7. Section 22-730 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-730. Personal wireless service facility. The following uses shall be permitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section: USE u Personal wireless service facility (PWSF) See note ~ 4 for allowed types of PWSFs R E G U L A T I 0 N S - Process MINIMUMS REQUIRED YARDS LOT SIZE FRONT SIDE See note 2 See note I See note I See note I DRAFT ORDINANCE NO. 99- USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS ~nß'o REAR I,e:¡: MAXIMUM ~ I ZONE I PARKING I BN LANDSCAPE SIGNS rm=n .r~ ~~ - SPECIAL REGULA nONS AND NOTES See note I Refer to Section 22- 967 for maximum hei~hts for allowed types of PWSFs. I.lIi,i,o, ,.a.,.,ill1.a,fortbeseita", ill~aillaaaor.a..al.tl,,'.afl,i.g.o.i,~¡:"ra..1 afllali,te. - Not applicable PWSFs allowed 011 existin~ structures only 2. The review process used will be as follows. a Pro.a" III ifU,e p"'8r, a... "'. .n...I,i, ~ hai~òt Ii. it ~. Pre.a" III iftl.e P"'8. is a.llaaata. ..., .nistiag pn'8. or ~.~li.l; .". sli ..I.fa on. is It" "'a. IS' a~. . Iba ."isti, ~ faailil, or ,...It"e. a. Subject to meetin~ all applicable development standards. Process III for the followin~ proposals i. The PWSF is collocated on an existin~ PWSF and is less than 15' above the existin~ facility: or, ii. The PWSF is located on a publicly used structure not located in a public ri~ht-of-way and is less than IS' above the structure: or, iii. The PWSF is located on an existin~ structure in the BP A trail and is less than 15' above the existin~ structure: or, iv. The PWSF is located on an existin~ structure in an appropriate public ri~ht-of-way and is less than IS' above the existin~ structure, plus any hei~ht Rranted under Chapter 22-967(b) b. Variance process pursuant to FWCC Chapter 22, Article II, Division 8 for the foliowillR proposals i. The PWSF is collocated on an existinR PWSF and is more than 15' above the existin~ facility: or, ii. The PWSF is located on a publicly used structure not located in a public riRht-of-way and is more than IS' above the structure: or, iii. The PWSF is located on an existinR structure in the BP A trail and is more than 15' above the existinR structure: or, iv. The PWSF is located on an existin~ structure in an appropriate public ri~ht-of-way and is more than 15' above the existin~ Structure, plus any heiRht Rranted under Chapter 22-967(b) c. All other types and locations of PWSFs are not allowed J.8ignsar.,alalla a..,apn'g. 43. All PWSFs shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF dëvelopment regulations. At a minimum, ¥-<of a five (5) foot Type III landscaping~ shall be required around the facility, unless the community development services director determines that the facility is adequately screened ~. gea gaali.. n %qa). rlala: New free-standin~ PWSFs are not allowed. PWSFs shall be ""'" allowed 2!ili: on exiSting towers,""¡ on publicly used structures not located in public ri~hts-of-way, on existin~ structures located in the BPA trail, and on existinR structures in appropriate public ri~hts-of-way. Refer to Sect~n 22-966(d) for development standards applicable to allowed types ofPWSFs See note 4l ..... -...; N/A ~ Not allowed on a PWSF See note 2 , PAGE 7 October 27,1999 ~ rn )( G) ~1: m "'1 ~' ( ~> r DRAFT Section 8. Section 22-762 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-762. Personal wireless service facility. The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in this section: USE JJ Personal wireless service facility See note 5 ¡:;;;:---- allowed types of PWSFs RI E" G U L A T I 0 N S =::;. Process MINIMUMS REQUIRED YARDS LOT SIZE FRONT SIDE See note 2 !;eo - + See note I See note I ~ DRAFT ORDINANCE NO. 99- USE ZONE CHART "Áv"~a.o DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS REAR ¡,g:¡: SIGNS -- -.- .~- MAXIMUM ~ LANDSCAPE rn=n .r~ See note I Refer to Sëëii(;ñ22- 967 for maximum heights for allowed types of ~ Not allowed on a PWSF -.. See note ~:! !;eo -...;¡ See note 3 , PAGE 8 I ZONE I PARKING I BC SPECIAL REGULA nONS AND NOTES N/A I. l1i.i.1.n,., d, ,o"i .., ferth.,. i,., , ill., i, a...rde, e. I. th.., de.l)i, g '" i, g fer .a.h .fth.listed ~ For developed sites, the setback requirements shall be those of the principal use of the subiect property. For undeveloped sites, the setback requirements for new free-standing PWSFs shall be 20' for front, side, and rear yards 2. Subiect tn meeting all applicable development standards, :¡:!he review process used ill..1t!! f.lI. , shall be Process I, except for the following proposals: 0 PIB.." I iflhe PH'Sf i, eoll.o.led Oft. e"i'ling p'VEr. . P..eess III fur all, e free St.. dil g p"'gr,: ""'p' It!! , .dili,d i, "'." .,10.. a. Process III for the following proposals i. The PWSF is located within 300 feet of a residential zone; provided the PWSF is less than 15' above the building or structure, plus any height granted under Chapter 22-967(b); or, ii. The PWSF is located on a structure that is a residence or school or contains a residence or school; provided the PWSF is less than 15' above the structure; or, iii. The PWSF is a new free-standing PWSFs; except as""'¡¡¡:¡"'¡ provided in "c." below. b. Process IV iflhe PWSF is a lattice tower accommodating four or more providers. c. Variance process pursuant to FWCC Chapter 22, Article II, Diyision 8 fnr the following proposals i. The PWSF is collocated on an existing PWSF and is more than 15' above the existing facility; or, ii. The PWSF is located on a publicly used structure not located in a public right-of-way and is more than IS' above the structure; or, iii. The PWSF is located on an existing structure in the BPA trail and is more than 15' above the existing structure; or, iv. The PWSF is located on an existing structure in an appropriate public right-of-way and is more than IS' above the existing structure, plus any height granted under Chapter 22-967(b); or, v. The PWSF is located on a building or structure that is not a residence or school and does not contain a residence or school; provided the PWSF is more than 15' above the building or structore. J. Maximum allowed height for a new free-standing PWSF shall be the minimum necessary to provide the service up to 100', plus any height granted under Chapter 22-1047. A PWSF shall be allowed up to 120" if there ere two or more providers; except that a lattice tower of between 120' to 150' will be allowed under a combined application of four or more providers. 1.gig.,are,ol.1I0 .dil' aP"'sr ~. All PWSF shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF d;velopment regulations. At a minimum, -- a five (5) foot Type III landscaping ~ shall be required around the facility, unless the community development services director determines that the facility is adequately screened 5. New free-standing PWSFs are allowed subiect to height limits and collocation provisions. PWSFs are allowed on existing towers, on private buildings and structures, on publicly used structures not located in public rights-of- way, on existing structures located in the BPA trail, and on existing structures in appropriate public rights-of-way Refer to Section 22.967 for developmentstandards applicable to allowed types ofPWSFs. October 27, 1999 ~~ Ci):1: m~ ~Ú.~¡ ." ..'.') " j ! i C'~ ~: DRAFT Section 9. Section 22-802 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-802. Personal wireless service facility. The following uses shall be permitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section: Personal wireless service facility See note 5 ~ allowed ~ PWSFs USE u R E: G U L! A T I 0 N S ::::> Process MINJMiJMS REQUIRED YARDS LOT SIZE FRONT SIDE See note 2 &eo ""'" + See note I See note I None DRAFT ORDINANCE NO. 99- USE ZONE CHART DIRECTIONS: FIRST, read down to find use, , , THEN, across for REGULA nONS "-'-"ll n ß' 0 REAR ¡,g:¡: I ZONE I -~I CCC MAXIMUM HEIGHT LANDSCAPE SIGNS Cg"E~'(;;E SPECIAL REGULA nONS AND NOTES See note I Refer to sëëiIij;i22- 967 for maximum heights for allowed types of PWSFs I. lIinift ..., an~ ..."im..., fBrth... itu l' ill e. in "MI~.' a, 13 Ih.., ~.rI)ift! ooftift! M' ,a.1 .fll. I:,toà ~ For developed sites, the setback requiremeots shall be those of the principal use of the subject property For undeveloped sites, the setback requirements for new free-standing PWSFs shall be 20' for front, side, and rear ~ 2. Subject to meetin~ all applicable development standards, 'I'!he review process used ill e. a, fullo . shall be Process I, except for the followin~ proposals: a. Pro..," I ifth. p"'&r i, ..II..I1.~ eft a c"i..;,! r"'&f '--"----- """--_n --.. ,-~---~,_.. muo~. m___' -- --~,r._~ ,- "-" u.... ~ See note ~ ~ &eo -.; N/A Not allowed on a PWSF . ,_.w" ." ". .. , c ", . .. . .. - a. Process III for the following proposals' L The PWSF is located within 300 feet of a residential zone; provided the PWSF is less than 15' above the building or structure, plus any hei~ht granted under Chapter 22-967(b); or, iL The PWSF is located on a structure that is a residence or school or contains a residence or school; provided the PWSF is less than 15' above the structure; or, iii. The PWSF is a new free-standing PWSFs; except as"""¡;¡:;"¡ provided in "c." below b. Process IV if the PWSF is a lattice tower accommodatin~ four or more providers c. Variance process pursuant to FWCC Chapter 22, Article II, Division 8 for the following proposals' i. The PWSF is collocated on an existin~ PWSF and is more than IS' above the existin~ facility; or, iL The PWSF is located on a publicly used structure not located in a public right-of-way and is more than 15' above the structure; or, iii The PWSF is located on an existing structure in the BP A trail and is more than IS' above the existing structure; or, iv. The PWSF is located on an existing structure in an appropriate public right-{)f-wav and is more than 15' above the existing structure, plus anv hei~ht granted under Chapter 22-967(b); or, v. The PWSF is located on a building or structure that is not a residence or school and does not contain a residence or school; provided the PWSF is more than 15' above the building or structure 3. Maximum allowed height for a new free-standing PWSF shall be the minimum necessary to provide the service up to 100', plus any height granted under Chapter 22- 1047. A PWSF shall be allowed up to 120' if there are two or more providers; except that a lattice tower of between 120' to ISO' will be allowed under a combined application of four or more providers 1. &i!"." ,.talla .~ ôI a r"'&f, ~. All PWSF shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF d;;velopment regulations. At a minimum, --a five (5) foot Type III landscaping!!!!:! shall be required ~ facilitv, unless the community development services director determines that the facility is adequately screened. 5. New free-standin~ PWSFs are allowed subject to height limits and collocation provisions PWSFs are allowed on existing towers, on private buildin~s and structures, on publicly used structures not located in public ri~hts-of-way, on existing structures located in the BPA trail, and on existin~ structures in appropriate public rights-of-way. Refer to Section 22-967 for development standards applicable to allo",ed types ofPWSFs. See note 3 , PAGE 9 October 27, 1999 ~m G)~ mffi ~.'j c~.!'~ -r ' .Þ"" Fi¡ DRAFT Section 10. Section 22-817 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-817. Personal wireless service facility. The following uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth in this section: USE u Personal wireless service facility See note 5 ¡:;;;:--- allowed types of PWSFs R E G U L A T I 0 N S ~ Process MINIMUMS REQUIRED YARDS LOT SIZE FRONT SIDE See note 2 !iee - .¡. See note I See note I None DRAFT ORDINANCE NO. 99- USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS '"vnnßoo REAR bg:¡; MAXIMUM HEIGHT rm=nA= See note I Refer to Section 22- 967 for maximum hei~hts for allowed types of PWSFs. -.+ See note 3 ,PAGE 10 LANDSCAPE SIGNS See note ~ ~ !iee -.,..; Not allowed on a PWSF I ZONE I PARKING I CC- F SPECIAL REGULATIONS AND NOTES N/A I./li,i,", ,a.d, ..,i, """OIII...il.... iIlB.ina...rd....lolk.dlld..lji'g...ing,or...I.flk,li,l.d ~ For developed sites, tho setback requirements shall be those of the principal use of the subject property For undeveloped sites, the setback requirements for new free-standing PWSFs shall be 20' for front, side, and rear ~ 2. Subject to meeting all applicable development standards, :¡:!he review process used ill h. ... "-II. . shall be Process I, except for the followin~ proposals .. Poe"" lift.. r"'gr i. ..Il..".d.. a" i,li, g r"'&F. B. Poe.." lllffl' alii, ,ree ."', dil g p":gr,: ",..~I'" ...diNed i. "e." B.le wing proposals: within 300 feet of a residential zone; provided the PWSF is less than IS' above the 'Y hei~ht ~ranted under Chapter 22-967(b): or, I on a structure that is a residence or school or contains a residence or school;j>rovided ,ove the structure: or, - free-standing PWSFs: except as -- provided in "c" below : is a lattice tower accommodating four or more providers. ant to FWCC Chapter 22, Article n, Division 8 for the following proposals Ited on an existing PWSF and is more than 15' above the existing facility: or, d on a public~d structure not located in a public right-of-way and is more than IS' - E! . - ¡¡¡; -- --. - - - -- -- !E ,d on an existin~ structure in the BP A trail and is more than 15' above the existing - - ~ ,d on an existing structure in an appropriate public right-of-way and is more than 15' , plus any height granted under Chapter 22-967(b); or, - d on a building or structure that is not a residence or school and does not contain a œ d the PWSF is more than IS' above the building or structure. 3.' - - for a new free-standing PWSF shall be the minimum necessary to provide the service up to 100', plus any height granted under Chapter 22-1047. A PWSF shall be allowed up to 120' if there are two or more providers, except that a lattice tower of between 120' to 150' will be allowed under a combined application of four or more providers. 1. gig..... ..1 aile .d o. a p":gf. ~. All PWSF shall be landscaped and screened in accordance with Article xvn and the provisions of the PWSF dëvelopment regulations. At a minimum, -- a five (5) foot Type llliandscaping ~ shall be required ~ facility, unless the community development services director determines that the facility is adequately screened. 5. New free-standing PWSFs are allowed subiect to height limits and collocation provisions. PWSFs are allowed on existin~ towers, on private buildin~s and structures, on publicly used structures not located in public rights-of-way, on existin~ structures located in the BP A trail, and on existin~ structures in appropriate public rights-of-way Refer to Section 22-967 for develoJ'i11."nt standards applicable to allowed types ofPWSFs , !E October 27, 1999 ~m yX G):]: m=al eM.... -, 11 c:: ""T ;:þ ~' DRAFT Section 11. Section 22-835 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-835. Personal wireless service facility. The following uses shall be permitted in the office park (OP, OPI--4) zone subject to the regulations and notes set forth in this section: USE Personal wireless service facility See note 5 for allowed types of PWSFs u R E G U L A T I 0 N S ~ - Process MINIMUMS REQUIRED YARDS LOT SIZE FRONT SIDE See note 2 !iee !tete + See note I See note I None DRAFT ORDINANCE NO. 99- USE ZONE CHART DIRECTIONS: FIRST, read down to find use, ' , THEN, across for REGULATIONS .. A v~"'..e REAR ¡,Q:¡: PARKING I! OP~Z~El--4 I ~~ ~ MAXIMUM --¡::æ¡c¡¡IT LANDSCAPE SIGNS rAven A~~ SPECIAL REGULATIONS AND NOTES See note I Refer to Sectiõñ22- 967 for maximum hei~hts for allowed types of PWSFs 1:11;.i.o, sa'~, a"i"o, ,f~rI..,.il.n' ill..i.a"o'~.I..I.II'"'~eflji.geo.ingfor.a.1 .ft..list.~ ~ For developed sites, the setback requirements shall be those of the principal use of the subject property For undeveloped sites, the setback requirements for new free-standing PWSFs shall be 20' for front, side, and rear ~ 2. Subject to meeting all applicable development standards, :¡:!he review process used ill.. "" foll...s shall be Process I, excepUor the follo~ng proposals: Seenote"~ See ft6IH N/A -.+ Not allowed on a PWSF a P,ee." I ifl.e p"'£r i, .elle'4I'~ e, a ."i"i.g P".'£F, L n_____ll.U'...- _0 -~.<...-_.__A'_- =e~_. .u..--.. _.A'~.A ,- "." L-O.u -- ,.... '-.-.ols:---"'.- .....v.... ;;¡ of a residential zone: provided the PWSF is less than IS' above the - ted under Chapter 22-967(b): or, e that is a residence or school or contains a residence or school; provided UTe; or, . PWSFs; except as"""¡¡¡:¡"'¡ provided in "c." below .wer accommodating four or more providers -. Chapter 22, Article II, Division 8 for the following proposals ¡ting PWSF and is more than IS' above the existing facility; or, Y\Jsed structure not located in a public right-of-way and is more than IS' - -- See note 3 ~ - -. iE! " -' - -- - - -- '- ~ ongstructure in the BP A trail and is mo.re than 15' above the existing - ~ ng structure in an appropriate public right-of-way and is more than 15' , ;ht granted under Chapter 22-967(b); or, - g or structure that is not a residence or school and does not contain a œ ¡ more than IS' above the building or structure. 3. - - -" - - e-standing PWSF shall be the minimum necessary to provide the service up to 100', plus any height granted under Chapter 22-1047. A PWSF shall be allowed up to 120' if there are two or more providers; except that a lattice tower of between 120' to I SO' will be allowed under a combined application of four or more providers. 1. £ig" a", .1 alia .~ e, a P'\'£F M. All PWSF shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF dëvelopment regulations. At a minimum, ~a five (5) foot Type III landscaping!!!!:! shall be required around the facility, unless the community development services director detennines that the facility is adequately screened. 5. New free-standing PWSFs are allowed subject to height limils and collo<;alion provisions. PWSFs are allowed on existing towers, on private buildings and structures, on publicly used structures not located in public rights-<Jf-way, on existing structures located in the BPA trail, and on existing structures in appropriate public rights-<Jf"""ay. Refer to Section 22-967 for develo]JII1ent~tandards applicable to allow~es ofPWSFs .. ~ , PAGE I I October 27, ]999 ~~ GJ4: m ~~~ '-.----.:3...-, r- -; C..~ -- , I) ~\> DRAFT Section 12. Section 22-871 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-871. Personal wireless service facility. The following uses shall be permitted in the business park (BP) zone subject to the regulations and notes set forth in this section: USE Personal wireless service facility See note 5 ¡:;;;:-- allowed types of PWSFs u R E G U L A T I 0 N S ~ Process MINIMUMS REQUIRED YARDS LOT SIZE FRONT SIDE See note 2 Me ....... .¡. See note I See note I None DRAFT ORDINANCE NO. 99- "AV'~ DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULA nONS USE ZONE CHART REAR ¡,Q;¡; MAXIMUM HEIGHT ==0 A~C ~~~ See note I Refer to Section 22- 967 for maximum heights for allowed types of PWSFs. ~ See note 3 ,PAGE 12 LANDSCAPE I ZONE I PARKING I BP SIGNS SPECIAL REGULA nONS AND NOTES See note ~ ~ I. Iii, i".",a.d..",¡j, 0' ,fert.",i"", ill.,i....ord....I.I..""d"l)ilg...i'gfor...I.f~.li'l.d ~ For developed sites. the setback requirements shall be those of the principal use of the subject property. For undeveloped sites. the setback requirements for new free-standing PWSFs shall be 20' for front. side, and rear ~ 2. Subject to meeting all applicable development standards, "'the review process used ill.,... fell. ,shall be Process I. except for the following proposals' a. Pro,.., I ifl.. P"'£F i, ..ll...ted.. a ",i'li.g P"'Ef k. P,...., III f.r all,. 1<.. ,Ia.di g r"'gr.: ",..~I"" ðdi¡¡.d i, "." ..1... a. Process 11/ for the following proposals. i. The PWSF is located within 300 feet of a residential zone; provided the PWSF is less than 15' above the building or structure, plus any height granted under Chapter 22-967(b): or, ii. The PWSF is located on a structure that is a residence or school or contains a residence or school; provided the PWSF is less than 15' above the structure; or. iii. The PWSF is a new free-standing PWSFs; except as"""¡¡¡¡"¡ provided in "COO below. b. Process IV if the PWSF is a lattice tower accommodating four or more providers c. Variance process pursuant to FWCC Chapter 22, Article II, Division 8 for the following proposals i. The PWSF is collocated on an existing PWSF and is more than 15' above the existing facility: or. ii. The PWSF is located on a publicly used structure not located in a public right-of-way and is more than 15' above the structure: or, iii. The PWSF is located on an existing structure in the BPA trail and is more than IS' above the existing structure: or, iv. The PWSF is located on an existing structure in an appropriate public right-of-way and is more than 15' above the existing structure, plus any height granted under Chapter 22-967(b); or, v. The PWSF is located on a building or structure that is not a residence or school and does not contain a residence or school: provided the PWSF is more than IS' above the building or structure 3. Maximum allowed height for a new free-standing PWSF shall be the minimum necessary to provide the service up to 100', plus any height granted under Chapter 22-1047. A PWSF shall be allowed up to 120' if there are two or more providers; except that a lattice tower of between 120' to I SO' will be allowed under a combined application of four or more providers. 1. gig.. are not .ll. ,d.. a P"'Sf M. All PWSF shall be landscaped and screened in accordance with Article XVII and the provisions of the PWSF d;velopment regulations. At a minimum, ~a five (5) foot Type III landscaping ~ shall be required around the facility, unless the community development services director determines that the facility is adequately screened. 5. New free-standing PWSFs are allowed subject to height limits and collocation provisions PWSFs are allowed on existing towers, on private buildings and structures, on publicly used structures not located in public rights-of-way, on existi~ structures located in the BP A trail, and on existing structures in appropriate publicrigl>ts-of-way Refer to Section 22-967 for development standards applicable to allowed types of PWSFs. Me ......,..; N/A Not allowed on a PWSF October 27, 1999 ~m :Þ~ G> ~-s: fTI -j i:; .~ C~ ~i DRAFT Section 13. Section 22-906 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-906. Personal wireless service facility, The following uses shall be permitted in the corporate park (CP-l) zone subject to the regulations and notes set forth in this section: USE Personal wireless service facility See note 5 ¡:;;;-- allowed ~ PWSFs u R E G U L A T I 0 N S ~ Process DIRECTIONS: FIRST, read down to find use. USE ZONE CHART THEN, across for REGULA nONS MINIMUMS REQUIRED YARDS H A V~"'H< See note 2 LOT SIZE MAXIMUM HEIGHT bG'I' LANDSCAPE SIGNS FRONT SIDE REAR €Q"I!R' CI! !;eo - + Refer to Sëëiiõñ22- 967 for maximum heights for allowed types of PWSFs. Not allowed on a PWSF See note I See note I See note I -... See note ~ 4 !;eo ...-; None See note 3 DRAFT ORDINANCE NO, 99- , PAGE 13 I ZONE I PARKING I CP-l SPECIAL REGULA nONS AND NOTES N/A J.~li"ill"' ,o,d.onil .n ,MIne". i..", il/..i.....rd..o.'.th",derljing'8IIil1gLf8a.h.ft¡,.li,'.~ ~ For developed sites, the setback requirements shall be those of the principal use of the subject propeDy For undeveloped sites, the setback requirements for new free-standing PWSFs shall be 20' for front, side, and rear ~ 2. Subject to meeting all applicable development standards, :¡;!he review process used ill.... fell. , shall be Process I, except for the following proposals. 0 P".a.. I if,¡'. P"'EF i, ..Il.a...A", . ""istil 8 pn'SF L Do_---- no c.. -" --... c--- ----,,--~. . ,.~ , '--"--"-'-k - v.. v.... v e f~lIowin;;ro~;als: " v voe .. .." '" v vvov- --. ocated within 300 feet of a residential zone; provid.d the PWSF is less than IS' above the plus any height granted under Chapter 22-967(b); or, located on a structure that is a residence or school or contains a residence or school~rovided IS' above the structure; or, .!.new free-standing PWSFs; except as ~ provided in "c." below. PWSF is a lattice tower accommodating four or more providers. . pursuant to FWCC Chapter 22, ADicie U, Division 8 for the following proposals: collocated on an existing PWSF and is more than 15' above the existing facility: or, located on a publicly used structure not located in a public right-of-way and is more than IS' " s located on an existing structure in the ap A trail and is more than 15' above the existing Ei - -, !E ,- , - - - , " ~ ,0 - st , located on an existing structure in an appropriate poblic right-of-way and is more than IS' " Jctore, plus any height granted under Chapter 22-967(b); or, - located on a building or structure that is not a residence or school and does not contain a ~. ,rovided the PWSF is more than 15' above the building or structure. 3. " , , . height for a new free-standing PWSF shall be the minimum necessary to provide the service up to 100', plus any height granted under Chapter 22- 1047. A PWSF shall be allowed up to 120' if there are two or more providers; except thate lattice tower of between 120' to ISO' will be allowed under a combined application of four or more providers I.Ei!n...analall. aAanarn'8F. M. All PWSF shall be landscaped and screened in accordance with ADicie XVII and the provisions of the PWSF development regulations. At a minimum, --a five (5) foot Type llliandscaping!!!! shall be required ~ facility, unless the community development services director detennines that the facility is adequately screened 5. New free-standing PWSFs are allowed subject to height limits and collocation provisions PWSFs are allowed on existing towers, on private buildings and structures, on publicly used structures notl<xated in public rights-of-way, on existing structures located in the BPA trail, and on existing structures in appropriate public rights-of-way. Refer to Section 22-967 for developm"nt standards applicable to aI/owed !ypes ofPWSFs. - ~ October 27, 1999 ~m :ÞX G):b mffl I- ~,) '" ce' -1 o. F' DRAFT Exynr-'c Å r¡j LJ """-, PAGE--'M~J ~ Section 14. Section 22-966 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-966. Personal wireless service facilities (PWSF). (a) Purpose, This section addresses the issues oflocation and appearance associated with personal wireless service facilities. It provides adequate siting opportunities through a wide range of locations and options which minimize safety hazards and visual impacts sometimes associated with wireless communications technology. The siting of facilities on existing buildings or structures, collocation of several providers' facilities on a single support structure, and visual mitigation measures are required, unless otherwise allowed by the city, to maintain neighborhood appearance and reduce visual clutter in the city. (b) Definitions. Any words, terms or phrases used in this section which are not otherwise defined shall have the meanings set forth in section 22-1 of this Code. (c) Exemvtions. The following antennas and facilities are exempt from the provisions of this section and shall be permitted in all zones consistent with applicable development standards as outlined in the Use Zone Charts, Article XL District Regulations: (1) (2) (3) (4) (5) Wireless communication facilities used by federal, state, or local public agencies for temporary emergency communications in the event of a disaster, emergency preparedness, and public health or safety purposes. Industrial processing equipment and scientific or medical equivment using frequencies regulated by the FCC; provided such equivment complies with all avvlicable vrovisions of Section 22-960, Rooftov Appurtenances. and Chavter 22. Article XIII. Division 5. Height. Citizen band radio antennas or antennas operated by federally licensed amateur ("ham") radio operators; provided such antennas comply with all avvlicable provisions of Section 22-960. Rooftop Appurtenances. and Chapter 22. Article XIII. Diyision 5. Height. Satellite dish antennas less than two meters in diameter. including direct-to-home satellite services. when use~ as a secondary use of the property; provided such antennas comply with all apvlicable vrovisions of Section 22-960. Rooftov Appurtenances. and Chapter 22. Article XIII. Division 5. Height. Automated meter reading (AMR) facilities for the vurpose of collecting utility meter data for use in the sale of utility services. except for whip or other antennas greater than two (2) feet in length; provided the AMR facilities are within the scope of activities vermitted under a valid franchise agreement between the utility service vrovider and the city. DRAFT ORDINANCE NO. 99- , PAGE 14 October 27, 1999 DRAFT E)1M,...,.fJ'1~.. r .-- A PÅ G1 Eisu f' JtL (6) Routine maintenance or repair of a wireless communication facility and related equipment excluding structural work or changes in height, dimensions, or visual impacts of the antenna, tower, or buildings; provided that compliance with the standards of this chapter are maintained. W@ Prioritized locations, The following sites shall be the required order of locations for proposed PWSFs, including antenna and equipment shelters, unless the city elects to modify the prioritization. In requesting proposing a PWSF in a particular location, the applicant shall analyze the feasibility of locating the proposed PWSF in each of the higher priority locations and document, to the city's satisfaction, why a locatiening the PWSF in each higher priority location and/or zone is not being proposed. In order of preference, based on an assessmeB-t of feasibility the sites prioritized locations for PWSFs are as follows: (3) (4) (1) Structures located in the BP A trail: A PWSF may be located GQn any existing support structure currently located in the easement upon which are located U.S. Department of Energy/Bonneville Power Administration ("BP A") Power Lines regardless of underlying zoning. (2) Existing broadcast, relay and transmission towers: A PWSF may be located GQn any existing site or tower where a legal wireless telecommunication facility is currently located regardless of underlying zoning. If an existing site or tower is located within a one mile radius of a proposed PWSF location, the applicant shall document why collocation on the existing site or tower is not being proposed, regardless of whether the existing site or tower is located within the jurisdiction of the city. Publicly-used structures: If the city consents to such location, attached to a PWSF may be located on existing public facilities within all zoning districts, such as water towers, utility structures, fire stations, bridges, and other public buildings within all zoning districts; provided the public facilities are not located within public rights-of-way. Appropriate Bbusiness, commercial.. and city center zoned sites: Stmctures or sites used for research and development, commercial and office uses. A PWSF may be located on private buildings or structures within appropriate business, commercial, and city center zoning districts. The preferred order of zoning districts for this category of sites is as follows: BP--Business Park CP-I--Corporate Park OP through OP-4--0ffice Park DRAFT ORDINANCE NO, 99- ,PAGE 15 October 27, 1999 ~..... '. '"' ~. "'. "'. .., ~.. -' ~ I~. ' I . , 11-1\ P Â (;i t.: ~ u I~' !CL DRAFT CC-C--City Center Core CC-F--City Center Frame BC--Community Business (5) Appropriate public rizhts-of-wav:L Planning Commission Recommendation: For the purposes of this section, appropriate public rights-of-way shall be defined as including those public rights-of-way with functional street classifications of principal arterial. minor arterial. and principal collector. A PWSF may be located on existing structures in appropriate public rights-of-way. Structures proposed for location of PWSFs shall be separated by at least 330 linear feet. There shall be no more than one PWSF located on an existing structure. Existing structures in appropriate public rights-of-way shall not be eligible for submittal of a use process application for placement of a PWSF for one year from the date of the completion of construction or alteration. Location of a PWSF on an existing structure in an appropriate public right-of-way shall require a right-of-way permit in addition to the required use process approval. The preferred order of functional street classifications for this category of sites is as follows: Revised Staff Recommendation: For the purposes of this section, appropriate public rights-of-way shall be defined as including those public rights-of-way with functional street classifications of principal arterial. minor arterial. and principal collector. A PWSF may be located on existing structures in appropriate public rights-of-way. Structures proposed for location ofPWSFs shall be separated by at least 330 linear feet. The preferred order of functional street classifications for this category of sites is as follows: Principal Arterial Minor Arterial Principal Collector If the PWSF is proposed to be located in an appropriate public right-of-way and the surrounding uses or zoning are not the same, that portion of the right-of-way with the most intensive use and/or zoning shall be the 1 Subsequent to the Planning Commission's recommendation for approval of the Draft Ordinance which identifies the proposed text amendments to the Zoning Code regarding personal wireless services facilities, Staff consulted further with the Public Works Department regarding collocation ofPWSFs on structures within public rights-of- way. The Public Works Department supported collocation ofPWSFs on structures within public rights-of-way, provided specific conditions were met regarding functional impacts to the rights-of-way. Therefore, this Draft Ordinance contains two alternatives for revision ofFWCC Sec, 22-966(d)(5), which addresses requirements for collocation of PWSFs on structures within public rights-of-way. The two alternatives have been presented in side-by-side columns for purposes of comparison. DRAFT ORDINANCE NO. 99- , PAGE 16 October 27, 1999 EXH~E . A P A G ElIu F,-3tL DRAFT Principal Arterial Minor Arterial Principal Collector If the PWSF is proposed to be located in an appropriate public right-of-way and the surrounding uses or zoning are not the same. that portion of the right- of-way with the most intensive use and/or zoning shall be the preferred location. If the PWSF is proposed to be located in an appropriate public right-of-way and surrounding uses or zoning are the same. the preferred location shall be that portion of the right-of-way with the least adverse visual impacts. DRAFT ORDINANCE NO. 99- ,PAGE 17 preferred location. If the PWSF is proposed to be located in an appropriate public right-of-way and surrounding uses or zoning are the same. the preferred location shall be that portion of the right-of-way with the least adverse visual impacts. Existing structures in at;Jpropriate rmblic rights-of-way shall not be eligible for submittal of a use process application for placement of a PWSF for one year from the date of the completion of construction or alteration of the structure. Location of a PWSF on an existing structure in an appropriate public right-of-way shall require a right-of-way permit in addition to the required use process approval. There shall be no more than one PWSF located on an existing structure. unless approved by the director of community development services. PWSFs may be collocated on existing structures in appropriate public rights-of-way subject to meeting all of the following standards: a. The PWSFs and equipment enclosures shall be located and designed to minimize adverse visual and aesthetic impacts to surrounding land uses and structures. b. The PWSFs and equipment enclosures shall be located and designed to minimize visual and functional impacts to the public right-of-way. c. The cumulative effects of collocated PWSFs and equipment enclosures shall not adversely impact the visual character of surrounding land uses and structures or the function of the public October 27, 1999 DRAFT EXH~Bu~__A PAGEJJOF .Jo right-of-way. ~@ If the applicant demonstrates to the city's satisfaction that it is not technically possible to site in a prioritized location, the city reserves the right to approve alternative site locations if a denial would be in violation of the 1996 Telecommunications Act, as determined by the city. Sec. 22-967. Development Standards Cd) Dc'.lclepmcnt standards. The following development standards shall be followed in the design, siting, and construction of a personal wireless service facility. fB PW8Fs shall be sereened or eamouflaged through employing the best available teehnology and design, as determined by the city. This may be aeeomplisned by use of compatible materials, loeation, color, stealth teehniques such as, but not limited to artificial trees and hollow flag poles, and/or other taetics to achieve minimum 'lisibility of the facility as viewed from public streets or residential properties. ~úù Building or structure mounted PWSFs not in the right of way. PWSFs may be mounted on nonresidential existing buildings and structures not located in a public right-of-way shall conform to the following development standards wider the following conditions: (1) The PWSF shall consist only of the following types of facilities: a. The PWSF consists of a A microcell or a minor facility; or. b. A PWSF that exceeds the minor facility thresholds for number of antennas. dimensions. and/or area. but creates no more adverse impacts than a minor facility. as determined by the director of community development services. subject to meeting all of the following standards: 1. The facility shall not create substantially more adverse visual impact than a minor facility; and. 11. The equipment cabinet for the PWSF shall meet all requirements of FWCC 22-967(e); and. 111. The maximum size of the PWSF panels and number of antennas shall be determined by the director of community development services. based on the specific project location. surrounding environment. and potential visual impacts; and. IV. The PWSF shall comply with all other applicable standards of the DRAFT ORDINANCE NO. 99- , PAGE 18 October 27, 1999 DRAFT Evun~r ~ ^~nlj¡(r "'--,.,-- P AGE l!- \J r' 3A-- FWCC. b-.ill The combined antennas and supporting structure shall not may extend more than up to, but not exceed, 15 feet above the existing or proposed roof or other structure regardless of whether the existing structure is in conformance with the existing maximum height ofthe underlying zone as outlined in the Use Zone Charts, Article XL District Regulations. Antennas may be mounted to rooftop appurtenances provided they do not extend beyond 15 feet above the roof proper. e-. ill The antennas are mounted on the building or structure such that they are located and designed to minimize visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent practical, blend into the existing environment pursuant to Section 967( d). Panel and parabolic antennas shall be completely screened from residential views and public rights-of-way unless meeting the provision of section 22-960(b )(2). (b) PWSFs located on structures within appropriate public rights-of-wav. These facilities shall conform to the following development standards: ill The PWSF shall consist only of the following types of facilities: a. The PW8F consists of a A microcell or a minor facility; or, b. A PWSF that exceeds the minor facility thresholds for number of antennas, dimensions, and/or area, but creates no more adverse impacts than a minor facility, as determined by the director of community development services, subject to meeting all of the following standards: 1. The facility shall not create substantially more adverse visual impact than a minor facility; and, 11. The equipment cabinet for the PWSF shall meet all requirements of FWCC 22-967(e) and FWCC 22-967(f); and, 111. The maximum size of the PWSF panels and number of antennas shall be determined by the director of community development services, based on the specific project location, surrounding environment. and potential visual impacts; and, IV. The PWSF shall comply with all other applicable standards of the FWCC. (2) The combined antennas may extend up to, but not exceed, 15 feet above the existing structure. This distance may be increased by the minimum necessary DRAFT ORDINANCE NO, 99- ,PAGE 19 October 27, 1999 (3) (4) (5) DRAFT E"'~..H.. n~\"--r- A... þf;;.. n~: "--- PAGE~F.JtL additional height to meet the safety clearances required by the operator of the existing structure. The antenna extension may be permitted regardless of whether the existing structure is in conformance with the maximum height of the underlying zone as outlined in the Use Zone Charts, Article XI, District Regulations. The antennas shall be mounted on the structure such that they are located and designed to minimize adverse visual and aesthetic impacts to surrounding land uses and structures and shall, to the greatest extent practical, blend into the existing environment pursuant to Section 967( d). Structures in appropriate public rights-of-way proposed for location ofPWSFs shall be separated by at least 330 linear feet. Required setbacks shall not pertain to PWSFs within public rights of ways. ~{ç} New free standing PW8Fs New tree-standinf! PWSFs. These structures shall conform to the following site development standards: a-.ill b-.Q} ill e-.ß} à-.ill Placement of a freestanding PWSF shall be denied if placement of the antennas on an existing structure can meet the applicant's technical and network location requirements. Monopoles shall be the only free-standing structures allowed in the city; except that a lattice tower may be used to accommodate the collocation of four or more providers as part of a joint permit application. In no case shall a free-standing PWSFs be located closer than 500 feet to an existing free-standing PWSF whether it is owned or utilized by the applicant or another provider. A free-standing PWSF, including the support structure and associated electronic equipment, shall comply with all required setbacks of the zoning district in which it is located. For developed sites, the setback requirements shall be those ofthe principal use of the subject property. For undeveloped sites, the setback requirements for new free-standing PWSFs shall be 20 feet for front, side, and rear yards. Free-standing PWSFs shall be designed and placed on the site in a manner that takes maximum advantage of existing trees, mature vegetation, and structures so as to: -l-.a. Use existing site features to screen as much ofthe total PWSF as possible from prevalent views; and/or DRAFT ORDINANCE NO. 99- , PAGE 20 October 27, 1999 e-.@ f-.ill DRAFT E..-. ';.. {7 n..'. ~., A "/J\\ !!I' " PAG E--2L Li (JO ;?;.Q. Use existing site features as a background so that the total PWSF blends into the background with increased sight distances. In reviewing the proposed placement of a facility on the site and any associated landscaping the city may condition the application to supplement existing trees and mature vegetation to more effectively screen the facility. Support structures, antennas, and any associated hardware shall be painted a nonreflective color or color scheme appropriate to the background against which the PWSF would be viewed from a majority of points within its viewshed. The Pproposed color or color scheme te shall be approved by the hearing examiner or community development director as appropriate to the process. (d) Screeninf!. standards for all PWSFs. PWSFs shall be screened or camouflaged through employing the best available technology and design. as determined by the city. This may be accomplished by use of compatible materials. location. landscaping. color. stealth techniques such as. but not limited to. artificial trees and hollow flag poles. and/or other methods or techniques to achieve minimum visibility of the facility as viewed from public streets or residential properties. In addition. the provisions for landscaping as outlined in the Use Zone Charts. Article XL District Regulations. shall apply. f41úù Standards for electronics equivment enclosures. a-.ill Equipment enclosun~s shall be placed underground if practicable. The following shall be the required order of locations for proposed electronic equipment enclosures for all PWSFs. In proposing an equipment enclosure in a particular location. the applicant shall analyze the feasibility of locating the proposed equipment enclosure in each of the higher priority locations and document. to the city's satisfaction. why a locating the equipment enclosure in each higher priority location is not being proposed. In requesting a lower priority location for the equipment enclosure. the burden of demonstrating impracticability shall be on the applicant. In order of preference. the prioritized locations for equipment enclosures are as follows: (a) Equipment enclosures shall be placed underground. (b) Equipment enclosures shall be placed in an existing completely enclosed building. (c) Equipment enclosures shall be placed above ground in an enclosed cabinet that shall not exceed six feet in height and OCCUPy more than 48 square feet of floor area. including areas for maintenance or future expansion. DRAFT ORDINANCE NO. 99- , PAGE 21 October 27, 1999 b-.Q) (3) (4) DRAFT r:: ~..11 M.. n 11""'-- ~ p~¿ L~J 'JiL (d) Equipment enclosures shall be placed above ground in a new completely enclosed building. If above ground, screening of PW8F equipment enclosures shall be pro';ided screened with one or a combination ofthe following materials methods, which screening shall be acceptable to the city: fencing, walls, landscaping, structures, buildings or topography which will block the view of the equipment enclosure as much as to the greatest extent possible from any street and/or adjacent properties.. as determined by the director of community development services. Screening may be located anywhere between the enclosure and the above mentioned viewpoints. Landscaping for the purposes of screening shall be maintained in a healthy condition, as determined by the city. Except for equipment enclosures in public rights of ways. enclosures shall be located outside of required setback areas. If the equipment cabinet is located within a new completely enclosed building. the building shall conform to all applicable development standards and design guidelines for the underlying zone. The completely enclosed building shall be architecturally designed and shall be compatible with existing buildings on the site. The completely enclosed building shall be screened to the greatest extent possible from any street and/or adjacent properties by landscaping and/or topography. (t) Additional standards for equipment enclosures for PWSFs located on structures within avpropriate public rights-of-wav: (1) The following shall be the required order of locations for proposed electronic equipment enclosures for PWSF located within public rights-of-way. In proposing an equipment enclosure in a particular location. the applicant shall analyze the feasibility of locating the proposed equipment enclosures in each of the higher priority locations and document. to the city's satisfaction. why a locating the equipment enclosure in each higher priority location is not being proposed. In requesting a lower priority location for the equipment enclosure. the burden of demonstrating impracticability shall be on the applicant. In order of preference. the prioritized locations for equipment enclosures are as follows: (a) Equipment enclosures shall be placed underground on an adjacent property outside of the public right-of-way. (b) Equipment enclosures shall be placed above ground on an adjacent property outside of the public right-of-way in an existing completely enclosed building. DRAFT ORDINANCE NO. 99- , PAGE 22 October 27, 1999 (d) (e) (f) (2) DRAFT " t'r ,.',,-, '"~. -'.)"'>J U' '.IlL- (c) Equipment enclosures shall be placed above ground on an adjacent property outside of the public right-of-way in an enclosed cabinet that shall not exceed six feet in height and OCCUPy more than 48 square feet of floor area, including areas for maintenance or future expansion. Equipment enclosures shall be placed above ground on an adjacent property outside of the public right-of-way in a new completely enclosed building. Equipment enclosures shall be placed under~round within the public right- of-way. Equipment enclosures shall be placed above ground within the public right-of-way in an enclosed cabinet that shall not exceed six feet in height and occuPy more than 24 square feet of floor area, including areas for maintenance or future expansion. Equipment enclosures shall be designed, located, and screened to minimize adverse visual impacts from the public right-of-way and adjacent properties. (3) Equipment enclosures shall be designed, located, and screened to minimize adverse visual and functional impacts on the pedestrian environment. (4) Equipment enclosures and screening shall not adversely impact vehicular sight distance. e-. No wireless equipment re'iiewed ooder this section shall be located within required building setbaek areas. ~(g) Security Fencinz. Seeurity fencing, ifused, shall eonform to the following: a-.ill No fence shall exceed six feet in height as stipulated in section 22-1133(5). b-.ill Security fencing shall be effectively screened from view through the use of appropriate landscaping materials. e-.ru Chain-link fences shall be painted or coated with a nonreflective color. féj{h} Cumulative Effects. The city shall consider the cumulative visual effects of PWSFs mounted on existing structures and/or located on a given permitted site in determining whether the additional permits eaR may be granted so as to not adversely effect the visual character of the city. DRAFT ORDINANCE NO. 99- , PAGE 23 October 27,1999 [-~ ",..- A.._- P"Ü" \,' ~b" ..~ "in U L --.- .~ r~ --ÃIW- DRAFT tB(i} Signaf!e. No wireless equipment shall be used for the purpose of mounting signs or message displays of any kind, except for signs used for identification and name of provider. (ftG) Use zone charts, height and permit process, (1) The final approval authority for applications made under this section shall be defined by the appropriate permit process as outlined in the Use Zone Charts, Article XI, District Regulations. (2) Allowed heights shall be established relative to appropriate process as outlined in the Use Zone Charts, Article XI, District Regulations. Sec. 22-968. Nonconformance. Permit applications made under this section to locate a PWSF on property on which a nonconformance is located shall be exempt from the requirements of Chapter 22. Article IV. Nonconformance. to bring the property into conformance as follows: (a) To provide the public improvements required by Chapter 22. Article XVI. Improvements. as stipulated in Section 22-336. (b) To bring the property into conformance with the development regulations prescribed in Chapter 21 relating to water quality as stipulated in Section 22-337(a)(7). All other requirements of Section 22-337 to bring the property into conformance with the development regulations prescribed in Chapter 21 relating to water quality shall apply. Section 22-969. Temporary Personal Wireless Service Facilities. As determined by the director of community development services. a temporary personal wireless service facility. or cell-on- wheels. may be deployed and operated as follows: ( a) F or a period of 90 days during the construction of a free-standing PWSF which has been approved through the appropriate permit process; provided that the temporary personal wireless service facility or cell-on-wheels creates no more adverse impacts than the PWSF which was approved through the appropriate permit process. Only one temporary personal wireless service facility or cell-on- wheels shall be permitted for a single site. (b) For a period of 30 days during an emergency declared by the city. state. or federal government that has caused a free-standing PWSF which has been approved through the appropriate permit process to become involuntarily non-operational; provided that the temporary personal wireless service facility or cell-on-wheels creates no more adverse impacts than the PWSF which was approved through the appropriate permit process. DRAFT ORDINANCE NO, 99- ,PAGE 24 October 27, 1999 DRAFT E,' "'",'7",0, >1,11,' ."'",-~ c- ~ ':', , I'~', i,. r\ PAGEboF'JtL (c) Prior to installation of the temporary PWSF, the applicant shall provide the city with a cash bond in an amount to be determined by the director of community development services in order to guarantee performance of future removal and restoration of the site. Section 22-970. Ap{)lication ReQuirements. (g) Applicéltien requirements, (a) Except for Temporary Personal Wireless Facilities, I!nermit applications made under this section shall include the following minimum information in addition to that required for the underlying permit review process: (1) (2) (3) (4) (5) (6) (7) (8) A diagram or map showing the primary viewshed of the proposed facility. Photo simulations of the proposed facility from effected properties and public rights-of-way at varying distances. Architectural elevations of proposed facility and site. A coverage chart of the proposed PWSF at the requested height and an explanation of the need for that facility at that height and in that location. The explanation shall include an analysis of alternative sites aHd why the requested site is preferred oyer other possible locations the feasibility of locating the proposed PWSF in each of the higher lJriority locations as identified in Section 22-966( d), and documentation of why locating the PWSF in each higher priority location and/or zone is not being proposed. An inventory of other PWSF sites operated by the applicant or other providers that æ-e either in the eity or within ~one mile of its borders radius of the proposed PWSF location, including specific information about location, height, and design of each facility. A site/landscaping plan showing the specific placement of the PWSF on the site; showing the location of existing structures, trees, and other significant site features; and indicating type and locations of plant materials used to screen PWSF components. If the PWSF electronic equipment cabinet is proposed to be located above ground, regardless of the proposed location, whether on private or public property or within public right of way, an explanation of why it is impracticable to locate the cabinet undergrouund. I[the equipment cabinet is proposed to be located in a public right-or-way, an explanation of why it is impracticable to locate the equipment cabinet on adjacent property outside the public right-of-way. DRAFT ORDINANCE NO. 99- , PAGE 25 October 27, 1999 EXHIB~~.....A P tt G E ~ 0 F ....J.Q.. DRAFT tBí2.l Documentation of efforts to collocate on existing facilities. f&1í..1..ill Other information as deemed necessary by the community development director. (b) Permit applications for Temporary Personal Wireless Service Facilities shall include the following minimum information: 0) Documentation of previously permitted facility. (2) Site plan showing proposed location of temporary facility in relationship to the location of the previously permitted facility and property boundaries. including dimensions from the property lines and height of proposed facility. (3) Photographs of the proposed facility. Section 22-971. Collocation. (h)CellecéltÜm. tBíill A permittee shall cooperate with other PWSF providers in collocating additional antenna on support structures and/or on existing buildings and sites provided said proposed collocatees have received a permit for such use at said site from the city. A permittee shall allow other providers to collocate and share the permitted site, provided such shared use does not give rise to a substantial technical level impairment ofthe permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether a permittee has exercised good faith in accommodating a new applicant, the city may require a third party technical study at the expense of the permittee. Failure to comply with this provision may result in a revocation of the permit. ~ilil A signed statement indicating that the applicant agrees to allow for the potential collocation of additional PWSF equipment by other providers on the applicant's structure or within the same site location shall be submitted by the applicant as part of the permit application. If an applicant contends that future collocation is not possible on their site, they must submit a technical study documenting why. Section 22-972. EMF Standards and Interference. (i) EA1F stélndélrds and interference. tBíill The applicant shall comply with federal standards for EMF emissions. Within six months after the issuance of its operational permit, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at the subject site. The report shall quantify the EMF emissions-,- aRà compare the results with established federal standards. and provide a statement , PAGE 26 October 27, 1999 DRAFT ORDINANCE NO. 99- EXHIBnLÅ PAGE..:L1OF -IL DRAFT that the EMF emissions are within established federal standards. Said report shall be subject to review and approval of the city for consistency with the project proposal report and the adopted federal standards. If on review, the city finds that the PWSF does not meet federal standards, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to comply with the federal standards. If the permit is revoked, then the facility shall be removed. ~.Qù The applicant shall ensure that the PWSF will not cause localized interference with the reception of area television or radio broadcasts or the functioning of other electronic devices. If on review of a registered complaint the city finds that the PWSF interferes with such reception, the city may revoke or modify the permit. The applicant shall be given a reasonable time based on the nature of the problem to correct the interference. If the permit is revoked, then the facility shall be removed. Section 22-973. Removal of Facility. @ Facility remÐ"Val. fBíill Abandonment and removal. The owner or operator of a PWSF shall provide the city with a CoPY of the notice of intent to cease operations required by the FCC at the time it is submitted to the FCC. Additionally, +!he owner or operator of a PWSF shall notify the city in writing tif**l of the discontinued use abandonment of a particular facility within 30 days of the date the PWSF is abandoned. The abandoned PWSF shall be removed by the facility owner within 90 days of the date the site's use is discontinued PWSF is abandoned, it ceases to be operational, the permit is revoked, or if the facility falls into disrepair and is not maintained, as determined by the city. Disrepair includes structural features, paint, landscaping, or general lack of maintenance which could result in adverse safety or visual impacts. If there are two or more users of a single tower, then the city's right to remove the tower shall not become effective until all users abandon the tower. (b) Partial abandonment and removal. If the abandoned antennas on any PWSF are removed or relocated to a point where the top 20 percent or more of the height of the supporting structure is no longer in use, the PWSF shall be considered partially abandoned. The owner or operator of any partially abandoned PSWF shall notify the city in writing of the partial abandonment of a particular facility within 30 days of the date the PWSF is partially abandoned. The owner of the PWSF shall have 120 days from the date of partial abandonment to collocate another service on the PWSF. If another service provider is not added to the PWSF within the allowed 120 day collocation period, the owner shall in 210 days of partial abandonment, dismantle and remove that portion of the supporting structure which exceeds the point at which the highest operational antenna is mounted. ~( c) Removal and lien. If the provider fails to remove the abandoned or partially abandoned facility upon W 210 days of its discontinued use abandonment or partial abandonment, the responsibility for removal falls upon the property owner on which the , PAGE 27 October 27,1999 DRAFT ORDINANCE NO. 99- EXHIB~T__A PAGEZlOF -3Q.. DRAFT abandoned or partially abandoned facility has been is located. If the property ovmer fails to remove the facility within 30 days of notification by the city, the city or its agent may enter upon the subject property and cause the facility to be removed at the property owner's expense. The city shall then send to the property owner a verified statement of the cost of expenses. The property owner shall be liable for the payment of such costs and expenses. In the e','ent the property O'.VIler fails to pay the costs and expenses, the city may file a lien against the property o','mer's real property in the amount of such costs and e}(penses and record such lien with the King County Records Office. The city may enforce this paragraph using the procedures as set forth in FWCC, Article 3. Section 1-14. Section 22-974. Permit Limitations. W Permit limitations. fBíill A permit for a PWSF shall expire ten years after the effective date of the permit approval, unless earlier revoked by the city. A permittee wishing to continue the use of a specific PWSF at the end of the ten-year period must apply for an application to continue that use at least six months prior to its expiration. The renewal application shall comply with all applicable laws and regulations dictating new permit issuance. In ruling on said renewal the city shall consider all then existing regulations effecting the application that are appropriate to the technology and use. ~)ß2) Five years after the date of the eity's approval effective date of the land use process approval of a PWSF.. the permittee or assignee shall submit a written statement summarizing its current use and plans, if any, for that facility/site for the next five years to the best of their knowledge. ß1ill Consistent with the provisions of Section 22-408. AW1 approved permit for a PWSF shall be valid for one year from the date of the city's approval effective date ofthe use process approval, with opportunity for a one-year extension. If not used a building permit application is not received within one year of the effective date of the use process approval, or within the extension period, the permit use process approval shall become null and void. Section 22-975. Revocation of Permit. œ Revocation of permit. A permit issued under this article may be revoked, suspended or denied for anyone or more of the following reasons: fBíill Failure to comply with any federal, state or local laws or regulations; ~(b) Failure to comply with any of the terms and conditions imposed by the city on the issuance of a permit; DRAFT ORDINANCE NO. 99- , PAGE 28 October 27, 1999 E ~I!...... ß.,R U' [...zc.-'...."... " à ,., '~1 i ,... oL' .,J! ,J ""'> PAGE~_UF!1L DRAFT ~,(£l When the permit was procured by fraud, false representation, or omission of material facts; f4f@ Failure to cooperate with other PWSF providers in collocation efforts as required by this article; fB{£ì Failure to comply with federal standards for EMF emissions; and ~ill Failure to remedy localized interference with the reception of area television or radio broadcasts or the functioning of other electronic devices. t+j(g} Pursuant to Section 22- 7( c). the city. as the applicant. shall use the same process to determine if the permit shall be revoked as it used to grant the permit. Section 15. Section 22-1473 of the Federal Way City Code is hereby amended to read as follows: Sec. 22-1473. When public improvements must be installed. (a) The applicant shall provide the improvements required by this article if the applicant engages in any activity which requires a development permit, except for the following: (1) The applicant need not comply with the provisions of this article if the proposed improvements in any 12-month period do not exceed 25 percent of the assessed or appraised value (based on an MAl appraisal provided by the applicant) of all structures on the subject property, whichever is greater. (2) The applicant need not comply with the provisions of this article if, within the immediately preceding four years, public improvements were installed as part of any subdivision or discretionary land use approval under this or any prior zoning code. (3) The applicant need not comply with the provisions of this article if the proposal is to locate a Personal Wireless Services Facility (PWSF) on the subject property. (b) Right-of-way adjacent to and within subdivision and short subdivisions must be dedicated and improved consistent with the requirements of this article, unless different requirements are imposed by the city as part of the subdivision or short subdivision approval. Section 16. Severability. The provisions of this ordinance are declared separate and severable. The invalidity or unconstitutionality of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or DRAFT ORDINANCE NO. 99- , PAGE 29 October 27, 1999 DRAFT \\rrL~ r.'. ï...,.n A PAGÊ!oOF 3D- circumstance, shall not effect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 17. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage, approval, and publication, as provided by law. PASSED by the City Council ofthe City of Federal Way at a regular meeting of the City Council on the day of , 1999. APPROVED: RON GINTZ, MAYOR ATTEST: N. CRISTINE GREEN, CITY CLERK APPROVED AS TO FORM: LONDI K. LINDELL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: DRAFT ORDINANCE NO. 99- , PAGE 30 October 27, 1999 CITY OF FEDERAL WAY PWSFs 1 "",.~iJI¡¡:ir'",I:~:ii,~' ,.r" 'M '" ,!~:'¡r:~;, ,~'(" .='~~~~, ':::"~;~>:~' (, .~.. I ". ,.' ',':'~'\,:, :"':)~~:' '~',:, .;" . ",I':~' , , . :,:' "".,I,,~:'I~~\~, lÇ, .,~'" , ,I: '" Wide Angle Close-Up METRICOM POLE-TOP UNIT 1 st Way South @ SW 334th Street E)fP~r[:~'~- ,C.._-_.- PAGE-LOF ~ CITY OF FEDERAL WAY PWSFs 2 Antennas Equipment Enclosure WESTERN WIRELESS MINOR FACILITY East of 1 st Way S. & South of 332nd Street EXHIB~T,," C"d"'_'- PAGE 2.uFj, CITY OF FEDERAL WAY PWSFs 3 Equipment Enclosure Antenna US WEST/PCS AMR FACILITY NE Corner 21st Ave. SW & SW 335th PI. EXH~ß~~ ç.....--..- PAGE 3 OFt. Antenna CITY OF FEDERAL WAY PWSFs AT&T (at al) MONOPOLE Federal Way Fire Dept. 31617 1st Avenue South 4 Equip. Enclosure E}~H~Br~ C PAGE-4-0F~ CITY OF FEDERAL WAY PWSFs Rooftop view including adjacent Airtouch monopole 5 Roof-top Mount WESTERN WIRELESS BUILDING MOUNT South ridge House 30838 14th Avenue South EXHIB~T- .-' P A G E-L 0 F:j;-'-- CITY OF FEDERAL WAY PWSFs 6 Equipment Enclosure Antennas Sprint Spectrum (et al) Lattice Tower 1741 South 356th Street E){H~Br~ C P A G E-'- () F'A- PWSF FWCC Amendment Distribution List Outside Agencies/Organizations 1. Airtouch Cellular Josh Lonn The Walter Group 120 Lakeside Avenue, Suite 310 Seattle, W A 98122 Brian Johnson Voice Stream Wireless 3650 - 131st Avenue SE, #400 Bellevue, W A 98006 7. 2. 8. Brian Pollom Puget Sound Energy PO Box 90868 Bellevue, W A 98009-0868 Ross Baker AT &T Wireless 617 Eastlake Avenue East Seattle, W A 98109 9. Pamela Krueger Perkins Coie LLP 411-1O8thAvenueNE, Suite 1800 Bellevue, W A 98004-5584 3. Kate Stephens GTE Wireless 2445 - 140th Avenue NE, Suite 202 Bellevue, W A 98005 4. 10. Lisa Verner, AICP Commercial Design Solutions PO Box 70372 Seattle, W A 98107 Mary Murdoch Nextel Communications 1750 - llih Avenue NE, Suite C-I00 Bellevue, W A 98004 5. 11. Gregory J. McCormick, AICP Odelia Pacific 1201 - 3rd Avenue, Suite 320 Seattle, W A 98101 Donald Bordenave Sprint PCS 4683 Chabot Drive, Suite 100 Pleasanton, CA 94588 6. Kelly Campbell US West Wireless 450 - 11 Oth Avenue NE, Room 211 Bellevue, W A 98004 I:IDOCUMENTlTelecomlDistribution2 Listdoc EXHIBrr -~ PAGE-LOF J MEMORANDUM TO: Land Use and Transportation Committee Kathy McClung, Deputy CDS Director ~ FROM: RE: Shoreline Master Program Amendment DATE: October 28, 1999 Several months ago, the City Council passed amendments to the city's Shoreline Master Program. Once the Council passed the ordinance, we were required to submit the changes to the Department of Ecology. Attached is a the ordinance with Ecology's changes. I have italicized their changes and struck out their deletions. None of these changes substantially change the ordinance. For your convenience I will point out the changes: 1. Page 5- Section 18-164.02 (line #2) They wanted us to rename our conservancy designation"conservancy residential environment" because we allow some residential in this shoreline designation. This change is shown consistently through the document. 2. Page 5- Section 18-164.03 ( #1) elaborated when shoreline regulations apply to catch more circumstances. 3. Page 7- Section 18-165.03 (#1) added utilities as a use in the urban environment allowed waterward ofthe ordinary high water mark. (#5, c) deleted redundant language 4. Page 17- Section 18-165.11 (#1) replaced "shall not be allowed" with "are prohibited". 5. Page 22- Section 18-167 & 167.01 added "residential" to name of conservancy designation. 6. Page 22- Section 18-167.02 added more clarification about definitions of sensitive areas referred to in section 18.28 of the City Code. 7. Page 24- Section 167.06 &.07 added "residential" to name of conservancy designation. 8. Page 25- Section 168.04 and .06- replaced "shall not be pennitted" to "are prohibited". 9. Page 29-Section 18-173- renamed "substantial development" pennits to "shoreline" pennits. (B) changed wording to be consistent with state law. _n___-__- ARTICLE III. SHORELINE MANAGEMENT* *Cross reference(s)--Regulations regarding structures built over water, § 8-54; requirements for drainage review, § 21-87; supplementary zoning district regulations, § 22-946 et seq. State law reference(s)--Shoreline management act, RCW 90.58.030. n_----n- DIVISION 1. GENERALLY Sec. 18-161. Purpose and authority. The city adopts these regulation under the authority of the Shoreline Management Act of 1971, RCW ch. 90.58, as amended, and the Shoreline Management Guidelines, WAC ch. 173-14. (Ord. No, 90-38, § 1(24.10),2-27-90) See. 18 162. Shoreline master program. (a) The city adopts by reference thc follm,ving portions of King County Ordinance No. 3692, Shorelinc Ma3ter Program (goals, objcctives and policies), onc copy of'vvhieh is on file v.ith the office of the dty elerk: (1) (2) (3) Master progrftm elements. Shoreline environmeftt3. Shoreline me activities. (b) The city adopts by reference portions of the King Couftty Code, Title 25, Shoreline Mftfiagefi1eftt as [ollo'v'.s, one copy of Vv hieh is on file 'vYith the dt:y elerk: (1) (2) (3) (4) (5) (6) Chapter 25.04, Purpose, title, scope. Chapter 25. 08, Dcfinition3. Chapter 25.12, Envirofimeftt de3ignations. Chapter 25.16, Urban environment. Chapter 25.20, Rural environment. Chapter 25.24, COn3erVftficy environment. (7) Chapter 25.28, Natural environment. (Ord. Nô. 90 38, § 1 (2 1.20.10,24,20,20),2 27 90) Sec. 18-163 162. Jurisdiction. (a) The provisions of this article shall apply to all development proposed within the areas defined as shorelines in RCW 90.58.0230(2)( d), and shorelines of statewide significance in RCW 90.58.030(2)(e). The approximate location of these shorelines shall be designated on maps maintained by the department of community development; however, the property owner or applicant shall be responsible for determining the exact location of the shoreline when a permit is filed. (b) No development shall be undertaken by any person on the shorelines of the state without obtaining a shoreline permit from the department of community development; provided, that a permit shall not be required for development exempted from the definition of substantial development in WAC 173-27-040 and for developments exempted by RCW 90.58.140(9) and (10). (Ord. No. 90-38, § 1(24.30,10,24.30.20),2-27-90) Sec. 18-163. Additional definitions. Unless otherwise defined in this chapter, the definitions contained in this chapter, Chapter 22, RCW Chapter 90.58, and WAC 173-26 shall apply. Access: Public access means actual unobstructed access available to the general public from land to the ordinary high water mark or to the wetland directly abutting the ordinary high water mark. Access: Limited Dubhc access means: 1.0 Actual physical access from land to the ordinary high water mark or to the wetland directly abutting the ordinary high water mark, such access being limited to specific groups of people or to certain regularly prescribed times; or 2. Visual access available to the general public to the shoreline and adjacent waterbody, such access being specifically provided for in the development of the site. Average grade level means the average of the natural or existing topography at the center of all exterior walls of a building or structure to be placed on a site; provided, that in the case of structures to be built over water, average grade level shall be the elevation or ordinary high water. Backshore means a berm, together with associated marshes or meadows, on marine shores landward of the ordinary high water mark which is normal above high tide level and has been gradually built up by accretion. -2- Beach feedinf! means landfill deposited on land, or in the water. to be distributed by natural water processes for the purpose of supplementing beach material. Berm means one or several linear mounds of sand and gravel generally paralleling the shore at, or landward of. the ordinary high water mark which are normally stable because of material size or vegetation. Breakwater means an off-shore structure, either floating or not, which mayor may not be connected to the shore, such structure being designated to absorb and/or reflect back into the water body the energy of the waves. Bulkhead means a solid or open pile of rock, concrete, steel. timber, other materials, or a combination of these materials erected generally parallel to and near the ordinary high water mark for the purpose of protecting adjacent shore lands and uplands from waves or currents. Class I beach means a beach or shore having dependable, geologically fully developed, and normally dry backshore above high tide. Class II beach means a beach or shore having only marginally, geologically partially developed, and not dependably dry backshore above high tide. Class III beach means a beach or shore having no dry backshore available at high tide. Environment, or master vrogram environment, or shoreline environment means the categories of shorelines of the state established by the City of Federal Wav shoreline management master program to differentiate between areas whose features imply differing objectives regarding their use and future development. Float means a structure or device which is not a breakwater and which is moored, anchored, or otherwise secured in the waters of Federal Way, and which is not connected to the shoreline. Groin means a barrier type structure extending from the backshore into the water across the beach. The purpose of a groin is to interrupt sediment movement along the shore. Jetty means an artificial barrier used to change the natural littoral drift to protect inlet entrances from clogging by excess sediment. Littoral drift means the natural movement of sediment along marine or lake shorelines by wave breaker action in response to prevailing winds. Non-water-oriented uses means those uses which have little or no relationship to the shoreline and are not considered priority uses under the SMA. Examples include professional offices, automobile sales or repair shops, mini-storage facilities, multi-family residential -3- development. department stores. and gas stations. Stringline setback means a straight line drawn between the points on the primary buildings having the greatest projection (including appurtenant structures such as decks) waterward on the two adjacent properties. Water-dependent means a use or portion of a use which can not exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water dependent uses may include ship cargo terminal loading areas. ferry and passenger terminals. barge loading facilities. ship building and dry docking. marinas. aquaculture. float plane facilities and sewer outfalls. Water-eniovment means a recreational use, or other use facilitating public access to the shoreline as a primary characteristic of the use: or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through the location, design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water- enjoyment use. the use must be open to the general public and the shoreline oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water-enjoyment uses may include, but are not limited to, parks, piers and other improvements facilitating public access to shorelines of the state: and general water-enjoyment uses may include. but are not limited to. restaurants. museums. aquariums. scientific/ecological reserves, resorts and mixed-use commercial: Provided, that such uses conform to the above water-enjoyment specifications and the provisions of the master program. Water-oriented means any combination of water-dependent. water-related, and/or water- enjoyment uses and serves as an all-encompassing definition for priority uses under the SMA. Water-related means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic vitality is dependent UDon a water-front location because: (a) of a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water or. (b) the use provides a necessary service suDportive of the water-dependent commercial activities and the proximity of the use to its customers makes its services less expensive and/or more convenient. Examples include professional services serving primarily water- dependent activities and storage of water-transported foods. DIVISION 2. SHORELINE REGULATION Sec. 18-164. Environmental designations. -4- Sec. 18-164.01. Purpose. The purpose of these designations is to differentiate between areas whose geographical. hydrological. topographicaL or other features imply differing objectives regarding the use and future development of the shorelines of the city. Each environment designation represents a particular emphasis in the type of uses and the extent of development that should occur within it. The environmental designation system is designed to encourage uses in each environment that enhance or are compatible with the character of the environment while at the same time requiring reasonable standards and restrictions on development so that the character of the environment is not adversely impacted. Sec. 18-164.02. Names of environment designations. In order to accomplish the purpose of this title, environmental designations have been established to be known as follows: .L 2. ~ 4. Natural environment. Conservancy residential environment. Rural environment. Urban environment. Sec. 18-164.03 Limits of environment desi~nations. Each environment designation shall consist of: .L The entire water body from its centerline or point including all water below the surface. the land below the water bodv, the svace above the water bodv. and the shore lands associated with the water bodv. 2. The shoreline areas where severe biophysical constraints such as floodplains, steep slopes, slide hazard areas, and wetlands do not cover the entire associated shoreland. Proposed development in the remaining area may be permitted consistent with the character of the surrounding land use, the physical capabilities of the shorelands, and applicable city land use plans and policies. Sec. 18-164.04 Establishment of designations. .L The written descriptions of the boundaries of the shoreline environment designations as adopted by ordinance in the possession of the department shall constitute the official legal descriptions of the boundaries of those environment designations. 2. The official maps prepared pursuant to WAC 173-16 and 173.26 in the possession -5- of the department shall constitute the official descriptions of the limits of all shore lands in the City of Federal Way as defined by RCW 90.58.030 and section 18.163 of this chapter. ¿ The department may, from time to time as new or improved information becomes available, modify the official maps described in subsection 2 of this section consistent with state guidelines to more accurately represent, clarify, or interpret the true limits of the shorelines defined herein. Sec. 18-164.05. Location of boundaries. .L Boundaries indicated as following streets, highways, roads, and bridges shall be deemed to follow the centerline of such facilities unless otherwise specified. 2. Boundaries indicated as following railroad lines and transmission lines shall be deemed to follow the centerline of such rights-of-way or easements unless otherwise specified. ¿ Where different environmental designations have been given to a tributary and the main stream at the point of confluence, the environmental designation given to the main stream shall extend for a distance of200 feet up the tributary. 4. In case of uncertainty as to a wetland or environment boundary, the director of community development services shall determine its exact location pursuant to the criteria of WAC 173-22-055 and RCW 90.58.030, and the provisions of this chapter. Sec. 18-165. Urban environment. Sec. 18-165.01. Purpose. The purpose of designating the urban environment is to ensure optimum utilization of the shorelines ofthe state within urbanized areas by permitting intensive use and by managing development so that it enhances and maintains the shorelines of the state for a multiplicity of urban uses. The urban environment is designed to reflect a policy of increasing utilization and efficiency of urban areas, to promote a more intense level of use through redevelopment of areas now under utilized, and to encourage multiple use ofthe shorelines of the city ifthe maior use is water dependent or water related, while at the same time safeguarding the quality of the environment. Sec. 18-165.02. Desi~nation criteria. -6- Designation criteria for the urban environment shall be: .L Shorelines of the city used or designated for office and commercial and high intensity recreational use. 2. Shorelines of the city of lower intensity use, where surrounding land use is urban and urban services are available. ¿ Shorelines of the city used or designated for multifamily residential development. 4. Shorelines of the city developed for residential purposes and where surrounding land use is urban and urban services are available. 5. Shorelines of the city to be designated urban environment shall not have biophysical limitations to development such as floodplains, steep slopes, slide hazard areas, and wetlands. Sec. 18-165.03. General Requirements. .L Development waterward of the ordinary high water mark is prohibited except water dependent recreational uses and public utilities. 2. No structure shall exceed a height of 35 feet above average grade level. This requirement may be modified if the view of any neighboring residences will not be obstructed, if permitted outright by the applicable provisions of the underlying zoning, and if the oroposed development is water related or water dependent. ¿ All development shall be required to provide adequate surface water retention and sedimentation facilities during the construction period. 4. Develooment shall maintain the first 50 feet of prooerty abutting a natural environment as required open space. ~ Parking facilities, except parking facilities associated with detached single-family development shall conform to the following minimum conditions: a. Parking facilities serving individual buildings on the shoreline shall be located landward from the principal building being served, EXCEPT when the parking facility is within or beneath the structure and adequately screened, or in cases when an alternate location would have less environmental impact on the shoreline. b. Any outdoor parking area oerimeter, excluding entrances and exits, must be maintained as a planting area with a minimum width of five feet. c. Parking as a primary use shall be prohibited. over '"vater and within -7- 6. 7. shoreline jurigclietion. d. Parking in shoreline jurisdiction shall directly serve a permitted shoreline use. e. One live tree with a minimum height of four feet shall be required for each 30 linear feet of planting area. [ One live shrub of one-gallon container size. or larger. for each 60 linear inches of planting area shall be required. e. Additional perimeter and interior landscaping of parking areas may be required. at the discretion of the director. when it is necessary to screen parking areas or when large parking areas are proposed. In addition to any requirements imposed by Chaþter 21 of this code. collection facilities to control and separate contaminants shall be required where stormwater runoff from impervious surfaces would degrade or add to the pollution of recipient waters of adjacent properties. The regulations of this chapter have been categorized in a number of sections. regardless of the categorization of the various regulations. all development must comply with all applicable regulations. Sec. 18-165.04. Residential development. Single family and multiple family residential development may be permitted in the urban environment subject to the general requirements of Chapter 22. Article XL Divisions 3 and 4. and the following: .L 2. ~ -8- Single family or multiple family residential development is permitted in the underlying zone classification. Residential development is prohibited waterward of the ordinarv high water mark. Setbacks. a. Single familv residential development shall maintain a minimum setback behind the stringline setback. or 50 feet from the ordinary high water mark. whichever is greater. except in the following cases: .L If the prooerty is undeveloped and reasonable use of the property cannot occur without further encroachment of the setback due to physical constraints of the lot. then the director of community b. development services can reduce the setback to the minimum necessary in order to build a single family home. but in no case. less than 30 feet from the ordinary high water mark. For the purposes of this section. "physical constraints" includes but is not limited to that constraint created by the installation and location of a new septic system when public sewer service is not available. 2. If the property is developed with a single family home beyond the stringline setback or within 50 feet of the ordinary high water mark if there are no adjacent residences. then the residence can only be added to if the addition will not make the structure any more nonconforming as to its setback and the height of the addition within the setback area is not increased. or the applicant may request a shoreline variance and conditional use permit. ¿ If single family residential development is proposed on a lot where properties adjacent to both sides of the lot are developed in single family residences located less than 50 feet from the ordinary high water mark. then the proposed residential development may be located the same distance from the ordinary high water mark as the adjacent residences ( using stringline method) or 30 feet from the ordinary high water mark. whichever is greater. 4. If the residential development is proposed on shorelines that include one or more sensitive areas. as defined in Chapter 22 of this code. such development shall maintain setbacks in accordance with the regulations and procedures set forth in Article XIV of Chapter 22. Multifamilv residential development shall maintain a setback behind the stringline setback. or 75 feet from the ordinary high water mark. whichever is greater. except in the following cases: .L If the property is undeveloped and reasonable use of the property cannot occur without further encroachment of the setback due to physical constraints of the lot. then the setback can be reduced to the minimum necessary in order to build a single family home. but in no case less than 30 feet of the ordinary high water mark. 2. If the property is developed with a single or multifamily structure beyond the stringline setback or within 75 feet ofthe ordinary high water mark if there are no adjacent single or multifamily structures. then the structure can only be added to if the addition will not make the structure any more nonconforming as to its setback and -9- the height of the adition within the structure is not increased or the applicant may request a shoreline variance and conditional use permi t. ~ If the residential development is proposed on shorelines that include one or more sensitive areas, as defined in Chapter 22 of this code, such development shall maintain setbacks in accordance with regulations and procedures set forth in Article XIV of Chapter 22. 4. Residential accessory structures may be placed within the required shoreline setback, provided: a. No accessory structure, except swimming pools, shall cover more than 150 square feet. b. No accessory structure shall obstruct the view of the neighboring properties. c. No accessory structure shall exceed eight feet in height. Sec. 18-165.05. Residential piers. moorage. or launching facilities. Conditions. Any pier, moorage, float, or launching facility authorized by sections 18.165.04 through 18.165.06 shall be subject to the following conditions: -10- L Residential piers are prohibited on the Puget Sound shoreline. 2. No dwelling unit may be constructed on a pier. 3. Excavated moorage slips shall not be permitted accessory to single family residences, multifamily development or as common use facilities accessory to subdivisions and short subdivisions. 4. No covered pier, covered moorage, covered float or other covered structure is permitted waterward of the ordinary high water mark. ~ No pier, moorage, float or over water structure or device shall be located closer than 15 feet from the side property line extended, except that such structures may abut property lines for the common use of adjacent property owners when mutually agreed to by the property owners in a contract recorded with King County, a copy of which must accompany an application for a building permit or a shoreline permit such joint use piers may be permitted up to twice the surface area allowed by this title. 6. All piers, moorages, floats, or other such structures shall float at all times on the surface of the water, or shall be of open pile construction, provided no portion of the structure shall, during the course of the normal fluctuations of the elevation of the water body, protrude more than five feet above the surface of the water. Sec. 18-165.06. Residential piers. moorage. or launching facilities. Accessory to residential development. Piers, moorages, floats, or launching facilities may be permitted accessory to a single family residence, multifamily development, or as common use facilities associated with a subdivision, in accordance with this chapter and the following limitations: L Private. sinçde residence piers for the sole use of the property owner shall not be permitted outright on City of Federal Way shorelines. 2. A pier may be allowed when the applicant has demonstrated a need for moorage and has demonstrated that the following alternatives have been investigated and are not available or feasible: a. b. Commercial or marina moorage. Floating moorage buoys. Joint use moorage pier. £:. No more than one pier for each residence is permitted. On lots with less than 50 feet of waterfront, only joint use piers shall be permitted except when both lots abutting the subject lot have legally established piers then the lot with less than 50 feet of waterfront may be permitted an individual pier. ~ Multivle familv residence piers and piers associated with a subdivision as a common use facility shall not exceed the following: a. No more than one pier for each 100 feet of shoreline associated with the multifamily development, subdivision, or short subdivision is permitted. b. The total number of moorage spaces shall be limited to one moorage space for every two dwelling units in the multifamily development, subdivision, or short subdivision. 4. Pier and moorage size. a. The maximum waterward intrusion of any portion of any pier shall be 36 feet, or the point where the water depth is 13 feet below the ordinary high water mark, whichever is reached first, provided: -11- -12- ~ 6. .L If a pier is a common use pier associated with a multiple family development or subdivision this intrusion may be increased four feet for each additional moorage space over six moorage spaces to a maximum of76 feet. b. The maximum width of each pier shall be eight feet. ~ No float shall have more than 100 square feet of surface area. d. The total surface area of piers, moorages, floats, and/or launching facilities, or any combination thereof, associated with a single family residence shall not exceed 500 square feet. e. No pier, including finger pier, moorage, float, or over water structure or device, shall be wider than 25 percent of the lot with which it is associated. Moorage piles. Moorage piles not constructed in conjunction with a pier are limited by the following conditions: a. All piles shall be placed so as to not constitute a hazard to navigation. b. No pile shall be placed more than 80 feet waterward of the ordinary high water mark. ~ All moorage piles shall be placed in a water depth not to exceed 13 feet below the ordinary high water mark. d. No more than two moorage piles per residence are permitted. Launching ramps and lift stations require a shoreline conditional use permit and are limited by the following conditions: a. No portion of a launching ramp or lift station shall be placed more than 60 feet waterward of the ordinary high water mark. b. All portions of a launching ramp or lift station shall be placed at a depth not to exceed eight feet below the ordinary high water mark. c. Launching rails or ramps shall be anchored to the ground through the use of tie-type construction. Asphalt concrete, or other ramps which solidly cover the water body bottom are prohibited. d. No more than one launching rail per single family residence is permitted, and no more than two common use launching ramps for each 100 feet of shoreline associated with a multifamily development. short subdivision, or subdivision. 7. Floats are limited under the following conditions: a. b. c. d. One float per single family residence, multifamily development short subdivision, or subdivision is permitted. No portion of a float shall be placed more than 36 feet waterward of the ordinary high water mark. Retrieval lines shall not float at or near the surface of the water. No float shall have more than 100 square feet of surface area. Sec. 18-165.07. Utilities. Utility facilities may be permitted in the urban environment subject to the requirements of this chapter, provided: L Utility and transmission facilities shall: a. b. c. A void disturbance of unique and fragile areas. Avoid disturbance of wildlife spawning, nesting, and rearing areas. Overhead utility facilities shall not be permitted in public parks, monuments, scenic, recreation, or historic areas. 2. Utility distribution and transmission facilities shall be designed so as to: h b. c. d. Minimize visual impact. Harmonize with or enhance the surroundings. Not create a need for shoreline protection. Utilize to the greatest extent possible natural screening. 1:. The construction and maintenance of utility facilities shall be done in such a way so as to: -13- 4. ~ a. Maximize the preservation of natural beauty and the conservation of resources. b. Minimize scarring of the landscape. c. Minimize siltation and erosion. d. Protect trees. shrubs. grasses. natural features. and topsoil from drainage. e. Avoid disruption of critical aquatic and wildlife stages. Rehabilitation of areas disturbed by the construction and/or maintenance of utility facilities shall: a. Be accomplished as rapidly as possible to minimize soil erosion and to maintain plant and wildlife habitats. b. Utilize plantings compatible with the native vegetation. Solid waste transfer stations shall not be permitted within the shorelines of the state. Sec. 18-165.08. Office and commercial development. Office development may be allowed in the urban environment subject to the requirements ofthis chapter. provided: -14- L 2. ¿ The office or commercial use or activity is permitted in the underlying zoning classification. Office and commercial development shall maintain a setback behind the stringline setback. or 75 feet from the ordinary high water mark. whichever is greater. except in the following cases: a. If the property is developed with a structure within 75 feet of the ordinary high water mark. then the structure can only be added to if the addition will not make the structure any more nonconforming as to its setback. b. If a development is proposed on shorelines that include one or more sensitive areas. as defined in Chapter 22 of this code. such development shall maintain setbacks in accordance with regulations and procedures set forth in Article XIV of Chapter 22. Piers. moorages. floats. and launching facilities will not be permitted in conjunction with office or commercial development; unless they are developed as part of on-site public access to the shoreline. Sec. 18-165.09. Shoreline protection. Shoreline protection may be permitted in the urban environment, provided: .L 2. Bulkheads shall not be considered an outright permitted use on the Puget Sound shoreline. In order for a proposed bulkhead to be permitted on the Puget Sound shoreline, or for a lake shore bulkhead to qualify for the RCW 90.58.030(3)(e)(iii) exemption from the shoreline permit requirements, the City of Federal Way shall review the proposed bulkhead design as it relates to local physical conditions and the City of Federal Way shoreline master program and must find that: a. Erosion from waves or currents presents a clear an imminent threat to a legally established residence, one or more substantial accessory structures, or public improvements; b. The proposed bulkhead is more consistent with the intent of the City of Federal Way shoreline master program in protecting the site and adjoining shorelines than other non structural alternatives such as slope drainage systems, vegetative growth stabilization, ~ravel berms, and beach nourishment, and that such alternatives are not technically feasible or will not adequately protect a legally established residence or substantial accessory structure; c. The proposed bulkhead is located landward of the ordinary high water mark; and d. The maximum height of the proposed bulkhead is no more than one foot above the elevation of extreme high water on tidal waters, or four feet in height on lakes. A shoreline protection project replacing an existing bulkhead shall be placed along the same alignment as the shoreline protection it is replacing, subject to the following: a. When a bulkhead has deteriorated such that the ordinary high water mark has been established by the presence and action of water landward of the existing bulkhead, then the replacement bulkhead must be located at or as near as possible to the actual ordinary high water mark. b. When an existing bulkhead is being repaired by the construction of a -15- 3. vertical wall fronting the existing wall. it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. c. Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements, and when the project has been approved by the Department of Fish and Wildlife. Shoreline protection shall not have adverse impact on the property of others and shall be designed so as not to create a need for shoreline protection elsewhere. a. Shoreline protection shall not significantly interfere with normal surface and/or subsurface drainage into the water body and shall be constructed using an approved filter cloth or other suitable means to allow passage of surface and groundwater without internal erosion of fine material. b. Shoreline protection shall not be used to create new lands, except that groins may used to create or maintain a public Class I beach if they comply with all other conditions of this section. c. Groins are permitted only as part of a public beach management program. Jetties and breakwaters are not permitted. Sec. 18-165.10. Recreation. Recreational development may be permitted in the urban environment subject to the general requirements of this chapter, provided: .L 2. ~ 4. -16- The recreational development is permitted in the underlying zone. Swimming areas shall be separated from boat launch areas. The development of underwater sites for sport diving shall not: a. Take place at depths of greater than 80 feet. b. Constitute a navigational hazard. c. Be located in areas where the normal waterborne traffic would constitute a hazard to those people who may use such a site. The construction of swimming facilities, piers, moorages, floats, and launching facilities below the ordinary high water mark shall be governed by the regulations of sections 18.165.05 and 18.165.06 of this chapter. ~ Public boat launching facilities may be developed, provided: a. The traffic generated by such a facility can be safely and conveniently handled by the streets serving the proposed facility. b. The facility will not be located on a Class I beach. 6. Upland facilities constructed in conjunction with a recreational development shall be setback and/or sited to avoid contamination of the shorelines of the city. 7. Public pedestrian and bicycle pathways shall be permitted adjacent to water bodies. ~ Public contact with unique and fragile areas shall be permitted where it is possible without destroying the natural character of the area. 9. Water viewing, nature study, recording, and viewing shall be accommodated by space, platforms, benches, or shelter consistent with public safety and security. Sec. 18-165.11. Salmon and Steelhead Habitats L 2. ¿ Structures which prevent the migration of salmon and steelhead are prohibited ghall not be allovv"ed in the portions of the water bodies used by fish. Fish bypass facilities shall allow the upstream migration of adult fish. Fish bypass facilities shall prevent fry and juveniles migrating downstream from being trapped or harmed Landfills shall not intrude into salmon and steelhead habitats, except as provided in regulation 3. Landfills may intrude into salt water areas used by salmon and steelhead for migration corridors, rearing, feeding and refuge only where the proponent obtains a conditional use permit (CUP) and demonstrates all of the following conditions are met: a. The landfill is for water-dependent or water-related use. b. An alternative alignment or location is not feasible; c. The project is designed to minimize its impacts on the environment; -17- -18- d. The facility is in the public interest: and e. ¡fthe project will create significant unavoidable adverse impacts, the impacts are mitigated by creating in-kind replacement habitat near the project. Where in- kind replacement mitigation is not feasible, rehabilitating degraded habitat may be required as a substitute. 4. Unless the applicant demonstrates that bioengineering techniques will not be successfuL bulkheads and other shoreline protection structures are prohibited in salmon and steelhead habitat. .i. Where bulkheads and other shoreline protection structures are allowed, the toe of the bulkhead or structure shall be located landward of the ordinary high water mark except as provided in regulation 6 below. Where an existing bulkhead or structure cannot be removed because of environmental, safety, or geological concerns, the least environmentally impacting alternative shall be used. Any replacement bulkhead or shoreline protection structure shall be as close to the existing structure as possible. 6. Bulkheads, breakwaters, jetties, groins and other shoreline protection structures may intrude into salmon and steelhead habitats only where the proponent demonstrates all of the following conditions are met: a. An alternative alignment or location is not feasible: b. The project is designed to minimize its impacts on the environment: c. The facility is in the public interest: and d. If the project will create significant unavoidable adverse impacts, the impacts are mitigated by creating in-kind replacement habitat near the project. Where in- kind replacement mitigation is not feasible, rehabilitating degraded habitat may be required as a substitute. 7. Docks, piers, pilings and floats may be located in water areas used by salmon and steelhead for migration corridors, rearing, feeding and refuge, provided the facilities use open piling construction. Approach fills shall be located landward of the ordinary high water mark. Docks, piers, pilings and floats shall not be located in other salmon and steelhead habitats. The project shall be designed to minimize its impacts on the environment. ~ Open pile bridges are the preferred water crossing structures over salmon and steelhead habitats. If a bridge is not feasible, one of the following water crossing liL lL structures may be approved if the impacts are acceptable: temporary culverts. bottomless arch culverts. elliptical culverts or round culverts. These structures are listed in priority order. with the first having the highest preference and the last the lowest preference. In order for a lower priority structure to be permitted. the applicant must show the higher priority structures are not feasible. The project shall be designed to minimize its impacts on the environment. 9. Bridges and in-water utility corridors may be located in salmon and steelhead habitat provided the proponent shows that all of the following conditions are met: a. An alternative alignment is not feasible; b. The project is located and designed to minimize its impacts on the environment c. Any alternative impacts are mitigated; and d. Any landfill is located landward of the ordinary high water mark. Open piling and piers required to construct the bridge may be placed waterward of the ordinary high water mark. if no alternative method is feasible. Notwithstanding regulation 4. when installing in-water utilities. the installer may place native material on the bed and banks of the water body or wetland to reestablish the preconstruction elevation and contour of the bed. The project shall be designed to minimize its impacts on the environment. Dredging which will damage shallow water habitat used by salmon and steelhead for migration corridors. rearing. feeding and refuge shall not be allowed unless the proponent demonstrates all of the following conditions are met: a. The dredging is for a water-dependent or water-related use; b. An alternative alignment or location is not feasible; c. The project is designed to minimize its impacts on the environment d. The facility is in the public interest and e. If the project will create significant unavoidable adverse impacts. the impacts are mitigated by creating in-kind replacement habitat near the project. Where in- kind replacement mitigation is not feasible. rehabilitating degraded habitat may be required as a substitute. Dredging and the removal of bed materials below the water line is prohibited within salmon and steelhead spawning areas. -19- R II ~ Q ~ lL ~ In-water dredge spoil disposal sites shall not be located in salmon and steelhead habitats. Landfilling, dredging, channelization sand other activities which ne!:?atively impact habitat values are prohibited in wetlands, ponds, and side channels which provide refuge or other habitat for salmon or steelhead. Within salmon and steelhead habitats, permanent channel changes and realignments are prohibited. Aquaculture uses shall not be established in salmon and steelhead habitat except for areas that are only used for migration corridors. This regulation only applies to in-water aquaculture uses, not upland aquaculture uses. The removal of aquatic and riparian vegetation within or adjacent to salmon and steelhead habitats shall be minimized. Trees which shade side channels, streams, rivers, ponds and wetlands used by salmon and steelhead shall be maintained. Areas of disturbed earth shall be revegetated. Unless removal is needed to prevent hazards to life and property or to enhance fish habitat, large woody debris below the ordinary high water mark shall be left in the waterway to provide salmon and steelhead habitat. Outfalls within or upstream of salmon or steelhead spawning areas shall be designed and constructed to minimize disturbance of salmon and steelhead spawning beds. Sec. 18-166. Rural environment. Sec. 18-166.01. Purpose. The purpose of designating the rural environment is to restrict intensive development, function as a buffer between urban areas, and maintain open spaces and opportunities for recreation uses within the ecological carrying capacity of the land and water resource. New developments in a rural environment should reflect the character of the surrounding area by limiting intensity, providing permanent open space, and maintaining adequate building setbacks from the water to prevent shoreline resources from being destroyed for other rural types of uses. Sec. 18-166.02. Designation criteria. Designation criteria for the rural environment shall be: -20- .L Shorelines of the city used or designated for residential development at a density of three units per acre or less. 2. Shorelines of the city developed for residential purposes where surrounding land use is residential in character without all urban services. ~ Shorelines of the city to be designated rural shall not have limitations to development due to sensitive areas such as floodplains, steep slopes, slide hazard areas, and/or wetlands. Sec. 18-166.03. General requirements. The general requirements for development within a rural environment shall be the same as those for the urban environment, section 18.165.03. Sec. 18-166.04. Residential development. Single family residential development may be permitted in the rural environment subject to the general requirements of the residential provisions of section 18.165.04 ofthe urban environment. Sec. 18-166.05. Residential piers. moorage. or launching facilities. Piers, moorages, floats, or launching facilities may be permitted accessorv to a single family residence in accordance with sections 18.165.05 and 18.165.06 of the urban environment. Sec. 18-166.06. Subdivisions. The lot standards enumerated in this section apply to any lot that has buildable area within the shorelines of the city. Buildable area means that area ofthe lot, exclusive of any required open space, yards, or setbacks upon which a structure may be constructed. .L The minimum required area of a lot in the rural environment shall be five acres: provided, however: a. The minimum lot area may be reduced to 15,000 square feet when: .L All lots are part of an approved subdivision or short subdivision. 2. All lots are served by public water. ~ All lots are served by an approved sewage disposal system. 4. All lots are served by paved streets. ~ All lots have a minimum width of 100 feet. 2. Any lot located wholly or partially within the shorelines of the city shall be -21- subject to the substandard lot provisions of Chapter 22, Article IV. 3. Submerged land within the boundaries of any waterfront parcel shall not be used to compute lot area, lot dimensions, yards, open space, or other similar required conditions of land subdivision or development. Sec. 18-166.07. Utilities. Utility facilities may be permitted in the rural environment subject to the utilities requirements of the urban environment and the general requirements of section 18.165.03. Sec. 18-166.08. Shoreline protection. Shoreline protection may be permitted in the rural environment subject to the shoreline protection provisions of section 18.165.09 of the urban environment. Sec. 18-166.09. Recreation. Recreational development may be permitted in the rural environment subject to the general requirements of this chapter and the recreation provisions section 18.165.1 0 of the urban environment. Sec 18-166.10. Salmon and Steelhead Habitat Salmon and steelhead habitat shall be protected under section 18.165.10 0-18). Sec. 18-167. Conservancy residential environment. Sec. 18-167.01. Purpose. Conservancy residential areas are intended to maintain their existing character. This designation is designed to protect, conserve, and manage existing natural features and resources. The preferred uses are those nonconsumptive of the physical and biological resources of the area. Sec. 18-167.02. Desi~nation criteria. Designation criteria for the conservancy environment shall be: .L Shoreline areas, regardless of the underlying zoning, which have environmentally sensitive areas as aquifer recharze areas, fish and wildlife habitat. frequentlv flooded areas, geologicallv hazardous areas, streams, and wetlands as defined in Federal Wav City Code Section 18.28. 2. Shoreline areas that have poor drainage. -22- ~ Shoreline areas which are free from extensive development. 4. Shoreline areas of high scenic value. Sec. 18-167.03. General requirements. The general requirements for development within a conservancy environment shall be the same as those for the urban environment, section 18.165.03. Sec. 18-167.04. Residential development. Single family residential development may be permitted in the conservancy environment subject to the general requirements of Chapter 22, Article XL and the residential provisions of section 18.165.04 of the urban environment provided single family residential development shall maintain a minimum setback of 50 feet from the ordinary high water mark, except that: .L ¡fthe development is proposed on shorelines including one or more sensitive areas, as defined in Chapter 22, Article XIV, such development shall be done in accordance with that article. 2. Any pier, moorage, float, or launching facility permitted accessory to single family development, or a common use facility accessory to a subdivision or short subdivision, shall be subject to the pier, moorage, float, and launching facility provisions of section 18-165.06 ofthe urban environment provided no such authorized structure shall be located within 200 feet of any other structure. Sec. 18-167.05. Subdivisions. The lot standards enumerated in this section apply to any lot that has buildable area within the shorelines of the city. Buildable area means that area of the lot exclusive of any required open space, yards, or setbacks upon which a structure may be constructed. .L The minimum required area of a lot in the conservancy environment shall be five acres, provided, however: a. The minimum lot area may be reduced to 35000 square feet when: .L All lots are part of an approved subdivision or short subdivision. 2. All lots are served by public water. ~ All lots are served by an approved sewage disposal system. 4. All lots are served by paved streets. ~ All lots have a minimum width of 100 feet. 2. Any lot located wholly or partially within the shorelines of the city shall be subject to the substandard lot provisions of Chapter 22, Article IV. -23- ~ Submerged land within the boundaries of any waterfront parcel shall not be used to compute lot area, lot dimensions, yards, open space, or other similar required conditions of land subdivision or development. Sec. 18-167.06. Utilities. Utility facilities may be permitted in the conservancy environment subject to the utilities requirements of the urban environment and the general requirements of this chapter. Sec. 18-167.07. Shoreline protection. Shoreline protection may be permitted in the conservancy residential environment subject to the shoreline protection provisions section 18.165.09 of the urban environment. Sec. 18-167.08. Recreation. Recreational development may be permitted in the conservancy residential environment subject to the general requirements of this chapter and the recreation provisions section 18.165.10 of the urban environment. Sec. 18-167.09. Salmon and Steelhead Habitat Salmon and steelhead habitat shall be protected under section 18.165.1 0 (1-18). Sec. 18-168. Natural environment. Sec. 18-168.01. Purpose. The purpose of designating the natural environment is to preserve and restore those natural resource systems existing relatively free of human influence. These systems require severe restrictions of intensities and types of uses permitted so as to maintain the integrity of the natural environment. Sec. 18-168.02. Designation criteria. Designation criteria for the natural environment shall be: .L A shoreline area that provides food, water, or cover and protection for any rare, endangered, or diminishing species. 2. A seasonal haven for concentrations of native animals, fish, or fowl. such as a migration route, breeding site, or spawning site. ¿ Shoreline areas considered to best represent the basic ecosystem and geologic -24- types which are of particular scientific interest. 4. Shoreline areas which best represent undisturbed natural areas. ~ Shoreline areas with established histories of scientific research. 6. Those shoreline areas having an outstanding or unique scenic feature in their natural state. 7. In addition to the above criteria, the following should be considered when designating natural environments: a. b. c. d. Areas where human influence and development are minimal. Areas capable of easily being restored to a natural conditions. Saltwater wetlands. Class I beaches. Sec. 18-168.03. Residential development. Single family residential development may be permitted in the natural environment subject to the general requirements of Chapter 22, Article XL and the single family provisions, section 18,165.04 of the urban environment; provided, single family residential development shall maintain a minimum setback of 100 feet from the ordinary high water mark, except that: If development is proposed on shorelines including one or more sensitive areas, as defined in Chapter 22, Article XIV, such development shall be done in accordance with regulations and procedures set forth in that article. L Sec. 18-168.04. Residential piers. moora~e. or launchine facilities. Piers, moorages, floats, or launching are vrohibited 3fttlll fiot be permitted in a natural environment. Sec. 18-168.05. Subdivisions. L The minimum required area in the natural environment shall be five acres. 2. The minimum required lot width in the natural environment shall be 330 feet. ~ Any lot located wholly or partially within the shorelines of the city shall be considered a legal building site, provided that such lot shall be subject to the substandard lot provisions of Chapter 22, Article IV. -25- 4. Submerged land within the boundaries of any waterfront parcel shall not be used to compute lot area. lot dimensions. yards. open space. or other required conditions of land subdivision or development. Sec. 18-168.06. Shoreline protection. Shoreline protection is vrohibited shtlllllðt be Vet miffed in the natural environment. Sec. 18-168.07. Recreation. Recreational development may be permitted in the natural environment subject to the general requirements of this chapter. provided: .L The recreational development will not require any significant filling. excavation. or regrading involving more than 15 percent of that portion of the site within the shorelines of the city. 2. The construction of indoor swimming pools. gvms. and other indoor recreational facilities is prohibited. ¿ Piers. moorages. floats. or launching facilities constructed in conjunction with recreational development shall not be permitted. except that floating walkways or other similar over water pedestrian structures facilitating access to observation points or viewing areas may be permitted. Sec. 18-168.08. Salmon and Steelhead Habitat Salmon and steelhead habitat shall be protected under section 18.165.100-18). DIVISION 3. PROCESS Sec. 18-1-64 169. Application and public notice. An application for a substantial development permit shall be made to the department of community development on forms prescribed by the department. Upon submittal of a complete application, and required fees, the department shall instruct the applicant to publish notices of the application at least once a week on the same day of the week for two consecutive weeks in a newspaper of general circulation within the city. The applicant shall also provide additional public notice as prescribed in process IV, section 22-431 et seq. (Ord. No, 90-38, § 1(24.40),2-27-90; Ord. No. 97-291, § 3, 4-1-97) Cross reference(s)--Process IV review requirements, § 22-431 et seq. -26- Sec. 18--165 170. Procedure for review. The substantial development permit shall be reviewed under the provisions of process III, section 22-386 et seq. and the director of community development services shall be the final approval authority for the permit. (Ord. No. 90-38, § 1(24,50),2-27-90; Ord. No. 97-291, § 3,4-1-97) Cross reference(s)--Process III review requirements, § 22-386 et seq. Sec. 18-!66 171. Shoreline variance. (a) The purpose of a shoreline variance is to grant relief to specific bulk, dimensional or performance standards set forth in the shoreline master program, and where there is an extraordinary or unique circumstance relating to the property such that the strict implementation of the shoreline master program would impose unnecessary hardship on the applicant or thwart the policies of the Shoreline Management Act. (b) When a variance is requested, the substantial development permit and the variance shall be reviewed under the provisions of process IV, section 22-431 et seq., and the hearing examiner shall be the final approval authority. (c) A variance from the standards of the master program may be granted only when the applicant can demonstrate that all the following conditions will apply: (1) (2) (3) (4) (5) (6) That the strict requirements of the bulk, dimensional or performance standards set forth in the master program precludes or significantly interferes with a reasonable use of the property not otherwise prohibited by the master program; That the hardship described above is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features, and the application of the master program, and not for example, from deed restriction or the applicant's own actions; That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the shoreline environment; That the variance authorized does not constitute a grant of special privilege not enjoyed by other properties, and will be the minimum necessary to afford relief; That the public interest will suffer no substantial detrimental effect; That the public rights of navigation and use of the shorelines will not be adversely affected by the granting of the variance when the proposal is for development located waterward of the ordinary high-water mark, or within marshes, bogs or -27- (7) swamps; and That consideration has been given to the cumulative effect of like actions in an area where similar circumstances exist, and whether this cumulative effect would be consistent with shoreline policies or would have substantial adverse effects on the shoreline. (d) Shoreline variances may not be used to permit a use that is specifically prohibited in an environment, or to vary uses permitted within an environmental designation. (Ord, No. 90-38, § 1(24,60.10--24,60.40),2-27-90; Ord. No. 97-291, § 3,4-1-97) Cross reference(s)--Process IV review requirements, § 22-431 et seq, Sec. 18-l6f 172. Conditional uses. (a) Conditional use permits are allowed to provide greater flexibility in varying the application of the use regulations of the shoreline master program in a manner which will be consistent with the policies ofRCW ch. 90.28, particularly where denial of the application would thwart the policies of the Shoreline Management Act. (b) When a conditional use is requested, the substantial development permit and the conditional use shall be reviewed under the provisions of process V- IV, section 22-476 et seq., and the city council shall be the final approval authority. (c) Conditional uses have unique and special characteristics which require a special degree of control to make the uses compatible with other existing or permitted uses in the same environment, and to assure that the use is in the public interest. In authorizing a conditional use permit, special conditions may be attached to the permit by the city council to prevent undesirable effects or mitigate environmental impacts of the proposed use. (d) Conditional use permits shall be authorized only when they are consistent with the following criteria: (1) (2) (3) (4) -28- The proposed use is consistent with the policies of RCW 90.58.020 and the policies of the master program; The use will not interfere with normal public use of surface waters; The use will cause no unreasonable adverse effects on the shoreline or surrounding properties or uses, and is compatible with other permitted uses in the area; The public interest will suffer no substantial detrimental effect; (5) Consideration has been given to cumulative impact of additional request for like actions in the area. (e) Other uses not set forth in the shoreline master program may be authorized through a conditional use permit if the applicant can demonstrate that extraordinary circumstances pre elude reasonable use of the property; however, uses specifically prohibited by the master program may not be authorized. (Ord. No. 90-38, § 1(24.70,10--24.70,50),2-27-90) Cross reference(s)--Process III review requirements, § 22-476 et seq. Sec. 18-MS 173. Final approval of substantial devdopment shoreline permits. (a) The director of community development shall notify the following agencies or persons within five days of the final approval of a substantial development permit and any variances or conditional uses granted: (1) The applicant; (2) The state department of ecology; (3) The state attorney general; (4) Any person who has submitted written comments on the application; (5) Any person who has requested notification in writing prior to final approval ofthe permit. (b) No work may commence on a site requiring a :mb3tantial dc'v'clopmcnt shoreline permit until 3ft 21 days following the date of receipt filing of the 3ub3tantial development shoreline permit by the state department of ecology, and written notification has been received from the department of ecology that the rc-v'iew appeal period has been completed initiated, (Ord. No, 90-38, § 1(24.80,10,24.80,20),2-27-90) Sec. 18-!69 174. Combined hearing authority. In those cases when development proposed in the shorelines may require a public hearing under the authority of other chapters of this Code, the hearings may be combined. (Ord. No. 90-38, § 1(24,90),2-27-90) Sec. 18-¥t9 175. Alteration or reconstruction of nonconforming use or development. (a) Applications for substantial development or building permits to modify a nonconforming use or development may be approved only if: (1) The modifications will make the use or development less nonconforming; or -29- (2) The modifications will not make the use or development more nonconforming. (b) A use or development, not conforming to existing regulations, which is destroyed, deteriorated, or damaged more than 75 percent of its fair market value may be reconstructed only consistent with regulations set forth in this article. (Ord. No, 90-38, § 1(24.100),2-27-90) Sec. 18-170.176. Shoreline environment redesignation. A. Shoreline environments designated by the master program may be redesignated by the City Council upon finding that such redesignation will be consistent with: 1. The policies of Section 2 of the Shoreline Management Act of 1971. 2. The goals, objectives and policies of the master program; 3. The designation criteria of the shoreline environment designation requested. SHORCODEWPD -30-