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Planning Commission PKT 09-18-2013September 18, 2013 7:00 p.m. Commissioners Merle Pfeifer, Chair Lawson Bronson Hope Elder Tim O'Neil City of Federal Way PLANNING COMMISSION City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES June 24, 2013 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS • PUBLIC FEARING Proposed Zoning Code Amendments Related to Urban Agriculture • PUBLIC HEARING Proposed Code Amendments Related to Provisions for Allowing Departures from Required Community Design Guidelines in all Zoning Districts 7. ADDITIONAL BUSINESS 8. ADJOURN Tom Medhurst, Vice -Chair Wayne Carlson Sarady Long K1PIanning CommissioA201341genda 09- 18- 13.doc City staff Isaac Conlen, Planning Manager Margaret Clark, Principal Planner E. Tina Piety, Administrative Assistant 253 - 835 -2601 www. cltvoflederalway.com CITY OF FEDERAL WAY PLANNING COMMISSION June 24, 2013 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Lawson Bronson, Tom Medhurst, Sarady Long, and Tim O'Neil. Commissioners absent: Hope Elder (excused) and Wayne Carlson (unexcused). Staff present: Principal Planner Margaret Clark, Assistant City Attorney Peter Beckwith, and E. Tina Piety, Administrative Assistant II. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of March 6, 2013, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Ms. Piety announced there will be no Planning Commission meeting in July. COMMISSION BUSINESS ELECTIONS Commission Long moved (and it was seconded) to nominate Tom Medhurst as Vice - Chair. There was no further discussion and the motion carried. Commission Bronson moved (and it was seconded) to nominate Merle Pfeifer as Chair. There was no further discussion and the motion carried. PUBLIC HEARING — 2013 Comprehensive Plan Amendments Principal Planner Clark delivered the staff report. There are no proposed changes to the text of the Federal Way Comprehensive Plan. The Planning Commission will make a M ecommendation to the City Council on three citizen - initiated site - specific requests. Site - Specific Request #I is for the Federal Way High School, to change the zoning from Single - Family Residential (RS) 7.2 to Community Business (BC). Site - Specific Request #2 is for the Lakeview Professional Building, to change the zoning from Professional Office (PO) to Multi - Family Residential (RM) 1800. Site - Specific Request #3 is for the Summers property, to change the zoning from Corporate Park (CP -1) to RS 9.6. The city has not received any public comment on the requests. The meeting was opened for public testimony. Kate Baumann, Greene Gasaway Architects — She is here representing the Federal Way School District. Her comments are in response to questions asked by Chair Pfeifer. The district is anticipating building part of the new school up to three stories, and therefore, needs KAPlanning Commission\201 MMeeting Summary 06.24- 13.doc Planning Commission Minutes Page 2 June 24, 2013 to have a higher height allowance. It is possible the theater will also need to be three stories. They also do not have a specific plan yet for how close the school will be to Pacific Highway South, but they feel it is important for the school to be close in order to establish a presence on this important road. Commissioner Long asked in regards to the Summers (site #3) request if the city had spoken to anyone from the Lake Management group. Principal Planner Clark replied the only comment they heard from them was not related to the specific request. Commissioner O'Neil noted that the Summers request was made in early 2012 and asked why has it taken so long to appear before the Commission. Principal Planner Clark replied that by state law, the city may consider changes to the comprehensive plan only once a year and the Summers' request missed the deadline for 2012 (the deadline was September 30, 2011, for the coming year). She further explained that the city has only 1.5 FTE to work on Long Range Planning. In early 2013 she worked on finishing up the 2012 comprehensive plan amendments. There are a number of reports that must be made to the state that she also worked on in early 2013. The comprehensive plan amendments must go first go to the City Council to be selected, and then through the SEPA process. Commissioner Bronson noted that the parcels along the lake to the west of the subject site are zoned CP -1 and are not part of this request and asked if the city has considered adding them. Principal Planner Clark replied they are still owned by Weyerhaeuser, who has not expressed any interest in changing the zoning. Commission O'Neil moved (and it was seconded) to recommend adoption of the three site - specific requests for amendments to the Federal Wdy Comprehensive Plan as written. There was no further discussion and the motion carried. ADDITIONAL BUSINESS None ADJOURN The meeting was adjourned at 7:30 p.m. KAPlanning Commission\2013Weeung Summary 06.24- 13.doe CITY OF Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way Revised Code (FWRC) as follows: Chapter19.05, "Zoning and Development in General," and Chapter 19.140, "Signs, "; a new Chapter within Division VII, "Supplemental Development Regulations," and New Urban Agriculture Use Zone Charts for Each of the Existing Zoning Districts File No. 13-100902-00-UP Public Hearing of September 18, 2013 I. BACKGROUND This staff report presents recommended amendments to the Federal Way Revised Code (FWRC) for urban agriculture uses that are currently found, or likely to be sited, within the City of Federal Way. It also provides background information on earlier work done regarding urban agriculture and access to healthy food in Federal Way through the Communities Putting Prevention to Work (CPPW) grant in 2010 -2012, and the technical assistance provided by Forterra via the Environmental Protection Agency's (EPA) Building Sustainable Communities grant. There is currently no reference to urban agriculture in the FWRC. Therefore, whether or not land use review is required and the type of land use review process associated with proposed urban agriculture uses has been interpreted on a case -by -case basis. Staff has been working with Forterra and Urban Food Link on review of our current code and the development of recommendations for regulating urban agriculture uses in Federal Way. What do we mean by "urban agriculture "? The following graphic was adopted along with 2013 policy amendments to the Federal Way Comprehensive Plan (FWCP) and illustrates the various types of land use activities that can be characterized as urban agriculture. f11 729 School Home Pea- Urban farmers ir food ' GSA drop- gardens gardens patches farms Parmstands markets food off sites p=ssang The primary issues being considered in the proposed amendments to Federal Way development regulations include: • The FWRC does not contain a definition of "urban agriculture," or any of the associated land use activities. • The use zone charts in FWRC Title 19 do not specify "urban agriculture," or any of the associated land use activities as a permitted use in any of the zones (the Suburban Estates [SE] zone currently allows commercial agriculture, which is an entirely different type and scale of agricultural use). • Some, but not all, urban agriculture uses may have development characteristics such as parking, noise, stormwater impacts, or signage, which need to be considered in review of such uses. • What is appropriate in residential as compared with commercial zones should be given consideration. EXISTING URBAN AGRICULTURE IN FEDERAL WAY The graphic on the preceding page shows the types of urban agriculture that exist or are likely to be proposed in Federal Way. The following is a summary of existing urban agriculture uses found in Federal Way. Home Gardens: Home gardens are simply private residential gardens where food is being grown for the use of the residents. These gardens can be found throughout the city's residential areas and are not/will not be regulated. Home gardens are allowed as an accessory use to a residential use without any land use permit. Therefore, home gardens are not specified in the proposed code amendment. Community Gardens and School Gardens: Community gardens have been getting a great deal of attention in Federal Way. With the formation of the Federal Way Community Gardens Foundation, and in particular the guidance of CEO Mike Stanley, two large community gardens and a number of smaller elementary school gardens have been developed and are providing healthy organic produce for Federal Way's low income residents. The success of these gardens has inspired other groups to develop community,gardens, for example, the Light of Christ Community Garden that celebrated its first harvest season in 2012. School gardens have been developed at a number of Federal Way elementary schools in partnership with the Federal Way Community Gardens Foundation as discussed above. The Federal Way Community Gardens Foundation is working with the school district on an ongoing basis to expand the gardens to additional schools throughout the district. Farmers Markets: The Federal Way Farmers Market is a successful and popular seasonal Saturday market located in the City Center. The Farmers Market is looking at options to expand locations and/or days of the week and also operated a holiday market indoors at the Commons Mall during the 2012 holiday season. EXISTING REGULATIONS RELATED TO URBAN AGRICULTURE The FWRC is largely silent on urban agriculture as a land use. There is one reference to commercial agriculture in the Suburban Estates (SE) zoning district, which is the city's large, rural lot zone with a minimum lot size of five acres. The type of agriculture use considered for the SE zone is more typical of what would be found in rural areas, with consideration of the use of farm equipment and more emphasis on the keeping of animals than typically found in urban areas. Urban Agriculture Staff Report Page 2 Planning Commission Public Hearing September 10, 2013 Farmers markets are referenced in the FWRC as a permitted temporary use. This has worked rather well for the Federal Way Farmers Market in its current operation model as it meets the parameters of a temporary use. However, the Federal Way Farmers Market could take on a permanent character as many do in other cities. CPPW GRANT - FUNDED FOOD ACCESS STUDY In the spring of 2010, the City of Federal Way received grant funding from Public Health Seattle - King County through the Federal Center for Disease Control's Communities Putting Prevention to Work (CPPW) program. The work under this grant resulted in the development of a report entitled "The Food Landscape in Federal Way, Washington" by Urban Food Link and the University of Washington Northwest Center for Livable Communities. This study examined the number and location of healthy food vendors (supermarkets, grocery stores, farmers markets) and unhealthy food vendors, (fast food, convenience stores). Some of the key findings included: • Federal Way has almost four times as many unhealthy as health food vendors. • Over 85% of the city's geographic area is greater than %2 mile from a supermarket. • There are some areas with a high percentage of low income residents who do not live within walking distance of a supermarket, making access to healthy food more difficult for those residents, especially if they do not own a car. • Federal Way has a higher rate of obesity and other health- related issues than King County as a whole. The recommendations of the Food Landscape. Report were shared with the Planning Commission and City Council. The City Council adopted Resolution 12 -617 in March 2012 that directed staff to develop draft comprehensive plan and zoning code amendments for City Council consideration that apply the recommendations of CPPW grant- funded study related to urban agriculture. THE EPA BUILDING SUSTAINABLE COMMUNITIES CONSORTIUM GRANT Within a few months of completing work on the CPPW grant - funded program, planning staff learned of the opportunity to apply to Forterra for assistance with furthering the work of the CPPW grant on healthy food access and urban agriculture in particular. We applied for the technical assistance grant provided by Forterra staff through the EPA's Building Sustainable Communities Consortium program. Federal Way was one of six communities to receive grant resources through Forterra and the EPA- funded program. This has been a great opportunity for Federal Way as without the assistance of Forterra, we would not have had the resources to advance work on the comprehensive plan policy and regulations related to urban agriculture in 2012/13. Community Outreach and Input Forterra staff conducted workshops on urban agriculture policies and development regulations with the public on September 17, 2012, October 15, 2012, and January 8, 2013, and reached out to citizens representing the Farmers Market, Community Gardens, interested individuals, and elected and appointed officials. The workshops were very interactive with a great deal of discussion amongst workshop participants. Development and Adoption of Urban Agriculture Policies for the Comprehensive Plan The first product of the work with Forterra under the EPA grant was the development of urban agriculture policies for the comprehensive plan. These policies were reviewed by the Planning Commission and adopted by the City Council on January 15, 2013. Urban Agriculture Staff Report Page 3 Planning Commission Public Hearing September 10, 2013 Development of Recommended Strategies for Regulations Following preparation of draft Urban Agriculture Policies, Forterra and their subconsultant Urban Food Link turned their attention to review of our existing development regulations. The result of that review was a series of recommendations that were the subject of a study session with the Planning Commission in January of 2013. Prior to the Planning Commission study session, the recommendations were shared in public workshops facilitated by Forterra with the same group of interested parties who participated in the policy development workshop. The Planning Commission reviewed and provided comment on the recommended code amendments that have been considered in development of the proposed code language contained in attached Exhibits A -D. One of the comments was a request to not specifically define home gardens as an urban agriculture use as they are outright permitted uses customarily found in association with residential and, in certain cases, commercial uses. In addition, the consensus of the Planning Commission was to keep the regulations simple and straight forward. The Planning Commission is being asked to review the proposed changes to FWRC Title 19 (Exhibits A -D), and forward a recommendation to the City Council's Land Use/Transportation Committee (LUTC) and City Council. This proposed code revision was listed as a "High Priority" in the Planning Commission's 2012 and 2013 work program. II. SUMMARY OF PROPOSED CODE AMENDMENTS The proposed amendments to the FWRC Title 19, "Zoning and Development Code," would achieve the following: • Add definitions for various types of urbann agriculture uses within FWRC Chapter 19.05. • Add a new code section in FWRC Division VII "Supplemental Zoning Regulations" that specifies requirements for reviewing and approving urban agriculture uses. • Add "Urban Agriculture" use zone charts for each of the existing zoning districts in the city. • Amend Table 1 and Table 2 of FWRC Chapter 19.140 "Signs" to allow for identification signs for urban agriculture uses as appropriate. The following sections provide summaries of each of the proposed code amendments. The proposed text is enclosed in Exhibits A -D. 1. Adopt zoning code definitions for the following: • Urban Agriculture (overarching definition under which the following definitions would fall) • Community Garden (this definition would also include what are typically referred to as "pea- patches ") • Urban Farm • Farmers Market • Farm Stand • Cottage Food Operation The following table contains the recommended definitions: Urban Agriculture Staff Report Page 4 Planning Commission Public Hearing September 10, 2013 Table 1. Urban Agriculture Definitions Term Definition Urban Is an umbrella term encompassing a wide range of activities involving the Agriculture raising, cultivation, processing, marketing, and distribution of food. Urban agriculture land uses include: community gardens, urban farms, cottage food operations, farm stands, and farmers markets. See also definitions for "agricultural use," "community gardens," "cottage food operation," "farm stand," and "farmers market." (Reference Exhibit A5) Community Means privately or publicly owned land used for the cultivation of fruits, Gardens vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided. into separate plots for cultivation by one or more individuals, or may be farmed collectively by members of the group and may include common areas maintained for use by group members. Food grown is typically for community garden members or as a donation. See also definitions for "agricultural uses," "urban agriculture," and "farm stands." (See Exhibit A2) Pea Patch See definition for "community garden." (See Exhibit A4) Garden Urban Farm Means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by an individual, organization, or business with the primary purpose of growing food for sale. (See Exhibit A5) Farmers Market. Means a temporary (typically outdoor) or permanent (indoor or outdoor) market where farmers, producers, and other vendors sell whole produce; value -added agricultural products such as jams, jellies, and pickles; prepared food; plants; flowers; meats; dairy products; shellfish and fmfish; and other food- related products. Additionally, some vendors may sell non - food - related products and services; however, the majority of products for sale should be food - related products. Entertainment and other community building activities may also be provided; however, these other activities shall be ancillary in nature and support the primary purpose of providing a venue for farmers to sell fresh produce and other agricultural products. (See Exhibit A3) Farm Stand Means a structure accessory to a community garden, urban farm, or cottage food operation, for the display and sale of vegetables or produce, flowers, orchard products, animal products, locally- produced packaged food products, and similar products grown or produced on the general property on which the stand is located. See definitions for "community gardens," cottage food operation," and "urban farm." (See Exhibit A3) Cottage Food Means a business licensed by the State of Washington per WAC 16.149 to Operation make low -risk food products in a home kitchen and sell directly to consumers. (See Exhibit A2) 2. Modify existing f°Tables of Sign Allowances" in FWRC 19.140.120 to allow identification signs for urban agriculture uses. Signage is important for identification, and in some cases, educational purposes. During the development stages of the proposed code amendments, the need for signs was discussed with representatives of the Federal Way Farmers Market and Federal Way Community Gardens Foundation. In order to meet the needs of urban agriculture uses to communicate their location to interested citizens, the following modifications to the FWRC are proposed: Urban Agriculture Staff Report Page 5 Planning Commission Public Hearing September 10, 2013 a. Modify existing Table 1 to add "Farmers Market" to the existing category of "Civic event, or community service event," to allow both temporary and permanent signs subject to existing standards for these types of uses. (See Exhibit B 1) b. Modify existing Table 2 to allow for signage for urban agriculture uses in residential zones similar to the types of signs allowed other community -based uses typically found in residential zones such as parks, schools, day cares, preschools, and places of worship. (See Exhibit 132) 3. Modify existing use zone chart for "Raising of Agricultural Crops" in the Suburban Estates (SE) zone to add urban agriculture uses to list of permitted uses in this zone and add new use zone charts entitled "Urban Agriculture" for all remaining zoning districts. The table below summarizes what types of urban agriculture uses would be allowed in existing commercial and residential zones in Federal Way. Table 2. Urban Agriculture in Federal Way Zoning Districts Type Commercial. ,Residential Notes Zones Zones Community P P 1. Community gardens proposed in Garden (see note 1) residential zones that exceed 10,000 square feet shall be required to provide public notice to neighboring property owners. Urban Farm P P (see note 1) 1. Urban farms proposed in residential zones that exceed 10,000 square feet shall be required to provide public notice to neighboring property owners. Farmer's P (see note 1) P (see note 2) 1. Permitted in commercial zones that Market allow retail use. 2. Allowed as a temporary use per FWRC 19.275, "temporary uses." Farm Stand P -A (see note 1) P -A (see note l) 1. Allowed as an accessory use to community garden, urban farm, and cottage food operations. Cottage Food P -A P -A (see note 1) 1. By state law, these uses are to be Operation (see notes 1 and 2) considered as and comply with local home occupation standards, as well as state health standards. 2. In commercial zones, these uses would typically only be proposed as accessory to existing residential uses. Key: P = "permitted "; P -A = "permitted as an accessory use" In addition to the above, the use zone charts provide special notes that address the following: Urban Agriculture Staff Report Page 6 Planning Commission Public Hearing September 10, 2013 • Community garden and urban farm proposals will be reviewed utilizing "Process I" administrative review, and public notice will be required in cases where gardens /farms greater than 10,000 square feet are proposed in residential zones. • Parking needs, if any, will be determined on a case -by -case basis. • Height limits and setbacks for community gardens and urban farms varies by zoning district, but will be similar to other uses typically allowed in the respective zoning district. • Community garden and urban farm planting areas may be located within required yards and perimeter planting areas as long as the intent of the landscaping standards for the zoning district is met. • See Exhibits C 1 through C 10 for detailed specific recommended development standards proposed for urban agriculture uses in each zoning district. 4. Add a new chapter to FWRC Title 19 Division VII, "Supplemental Zoning Regulations," entitled "Urban Agriculture." Development regulations and procedural requirements specific to urban agriculture are proposed to be located in a new chapter of the FWRC under the "Supplemental Zoning Regulations" section. This code section is referred to in each of the proposed new "Urban Agriculture" use zone charts. This section of the code provides a direct point of access to the development regulations specific to a particular use of land and is where one can find regulations related to the keeping of animals, home occupations, and temporary uses, for example. The following are proposed elements of the urban agriculture supplemental development regulations: 1. Community gardens and urban farm uses will submit a management plan that addresses general operational standards including: a. Proposed equipment and chemical usage; b. Off -street parking if applicable; c. Garden/farm rules for users and/or employees; d. Location and plans for composting facilities; e. Stormwater management; f. Soil testing if the site is located within the area impacted by the Tacoma smelter plume; and g. Neighborhood notice if the proposed garden/farm is located in a residential zone and is larger than 10,000 square feet. 2. Farm stands will be limited to no more than one per site, no more than 200 square feet, and must be temporary and portable. 3. Cottage food operations must adhere to existing home occupation standards. 4. Accessory structures such as greenhouses and sheds are limited in size and square footage in residential zoning districts. 5. On -site sales of urban agriculture products is allowed subject to limitations on hours, calendar dates, and number of commercial deliveries /pick up when located in residential zones. In summary, the proposed supplemental development regulations for urban agriculture uses place greater limitations on the operational and physical characteristics when located in residential zoning districts. This is recommended in order to ensure that the residential nature of existing neighborhoods in not negatively impacted by noise, odor, stormwater runoff, or traffic that could potentially be generated by an urban agriculture use. Urban Agriculture Staff Report Page 7 Planning Commission Public Hearing September 10,2013 III. PROCEDURAL SUMMARY 9/30/13: Public Notice of 9/18/13 Planning Commission public hearing published and posted. 9/30/13: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA). 9/13/13: End of SEPA comment period. 9/27/13: End of SEPA appeal period. IV. PUBLIC COMMENTS No comments were received as a result of the public notice actions as of the date of this report. In addition to the required public notice measures outlined in Section III above, Forterra conducted a stakeholder meeting on September 9`h to discuss the proposed draft code amendments with interested citizens. Staff attended that meeting to receive input on the draft code amendments and answer any questions citizens had on the proposed regulations. Overall, citizen response to the draft code amendments was positive, and the Planning Commission should anticipate that there will be citizens in attendance at the public hearing to speak to the proposed code amendments. V. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the proposed zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendments meet the criteria established in FWRC 19.80.130. 3. To forward a recommendation to the City Council regarding adoption of the proposed zoning code text amendments. VI. DECISIONAL CRITERIA FWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The city may amend the text of the FWRC only if it finds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan. The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) policies and goals: Urban Agriculture Staff Report Page 8 Planning Commission Public Hearing September 10, 2013 Goal LUG9 Provide access to healthy food resources for all residents through opportunities for urban agricultural activities, such as farmers markets, farmstands, community supported agriculture (CSA) drop -off sites, community gardens, pea patches, school gardens, home gardens, and urban farms. Policy LUP51 Establish development regulations that allow for healthy food resources as a permitted use and provide for on -site sale and delivery of healthy foods, on public and private property, where appropriate. Goal LUG10 Encourage and support farmers market opportunities that are accessible to all residents. Policy LUP53 Establish development regulations that allow for farmers markets as a permitted use on public and private property, where appropriate. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. The proposed FWRC text amendments bear a substantial relationship to the public health, safety, and welfare because the text amendments will clarify that the City of Federal Way is supportive of urban agriculture uses that increase citizens access to locally grown, healthy foods, while also increasing educational and economic opportunities associated with developing and maintaining urban agriculture uses. 3. The proposed amendments are in the best interest of the residents of the city. The proposed FWRC text amendments are in the best interest of the residents of the city because greater availability of locally grown, healthy foods and opportunities to get involved in local urban agriculture activities will increase residents' access to healthy lifestyle choices; whether it be access to healthier food and/or access to healthy outdoor activities by participating in local urban farms and gardens. VII. STAFF RECOMMENDATION Based on the above staff analysis and decisional criteria, staff recommends that the following amendments to FWRC Title 19, "Zoning and Development Code," be recommended for approval to the Land Use /Transportation Committee (LUTC) and City Council. 1. Modifications to FWRC 19.05 "Zoning and Development in General" and 19.140.120 "Tables of Sign Allowances"; modifications to existing "Raising of Agricultural Crops" use zone chart for SE zone and new use zone charts for Urban Agriculture in all existing zoning districts; and the addition of FWRC 19.262, "Urban Agriculture" as identified in Exhibits A -D. Urban Agriculture Staff Report Page 9 Planning Commission Public Hearing September 10, 2013 VIII. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC Chapter 19.80.240, the Planning Commission may take the following actions regarding the proposed development code text amendments: 1. Recommend to the City Council adoption of the FWRC text amendments as proposed; 2. Modify the proposed FWRC text amendments and recommend to the City Council adoption of the FWRC text amendments as modified; 3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to the City Council without a recommendation. EXHIBITS Exhibit AI AS — FWRC 19.05.010, 19.05.030, 19.05.060, 19.05.160, and 19.05.210: Modifications to "A, C, F, P, and U Definitions" Exhibit Bl -B2 — FWRC 19.140.120, Modifications to "Tables of Sign Allowances" Exhibit CI -CIO —FWRC 19.195.030 Modifications to, "Raising agricultural crops," in the SE zone and new use zone charts for urban agriculture in all other existing zoning districts Exhibit D — FWRC Division VII, New Chapter in Division VII, "Supplemental Zoning Regulations" KA2012 Code Amendments \Urban Agriculture\Planning Commission \091813 Public Hearing Memo Urban Agriculture Staff Report Page 10 Planning Commission Public Hearing September 10, 2013 EXHIBIT Al Federal Way Revised Code (FWRQ Chapter 19.05, "Zoning and Development in General" 19.05.010 A definitions. "Abandoned" means knowing relinquishment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of throperty. "Abandoned" includes but is not limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure. "Abandoned personal wireless service facility" means a PWSI~` that meets the following: (1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or (2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; orh;;. (3) The antenna has been relocated at a point less than 80 percent of the h 4 of the support structure; by 75 percent a period of 60 or ,idental in size, scale, design, or supports the principal use or 19.265.'010. .anding detaoo structure, excluding outdoor 10ased as living facilities, or an attached rdelhng unit located on.the subject property, ely for one<igle housekeeping unit, including Zitation. See FWRC 19.265.020. ADUs include: t that has one or more vertical and/or horizontal unit that is not attached or physically connec dI&the primary- dwielling of "Accesspry living facility" means an or structure on the subject property, which is accessory to a permitted usen a commercial elect property, providing provisions for living, cooking, sleeping and S anitation for an employee on thestibject property and that employee's family, or for the business owner /operator ai��at person's faz�ly. "Active uses" mer uses that by tl ;eir very nature generate activity, and thus opportunities for natural surveillance, such as picnic areas, 6ttracurricular school activities, exercise groups, etc. "Adjoin' means p " r g dpertY �at touches or is directly across a street from the subject property. For the purpose of height regulations- any portion of a structure which is 100 feet or more from a low density zone is not considered to be adjoining that zone. "Administrator" for the purpose of sign regulations means the director or his/her designated representative. "Adult entertainment, activity, retail, or use " shall mean all of the following: (1) "Adult theater" shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified "sexual activities" or "specified anatomical areas" (defined below) for observation by patrons therein and which excludes minors by virtue of age. (2) "Adult entertainment" shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who FWRC 19.05.010 A Definitions Exhibit Al Page 1 are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined in FWRC 19.05.190) and which establishment excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in FWRC 1.2.10.010. (3) "Panorama " and 'peepshow " shall mean as defined in FWRC 12.10.010. (4) "Adult retail " shall mean a retail establishment which, for money or any other form of consideration, either: (a) Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult- oriented merchandise; or (b) Provides, as its substantial stock -in -trade, for the sale, exchange, rental, loan, trade, transfer, and/or viewing or use, off the premises, any adult- oriented merchandise. Activities and uses defined as "adult entertainment, activity, retails use" are only permitted in the zone where that term is specifically listed as an allowable use altly in conformance to the requirements as stated for that use. "Adult family home " means a residential home for which a person i licensed to provide personal care, special care, room, and board to more than one, but no ,, a than six, a n who are not related by blood or marriage to the person or persons providing the ss. The number o ents in an adult family home may be no more than the total of the resideri'�ing provided services, a family that includes at least one service provider. Any limitation on the nun y of residents resulting is defimition shall not be applied to the extent it would_prevent the .city fr�Jpaakingreaonable acco ations to disabled -. persons in order to afford such persons a ►al opportunity t ,ups �6, enjoy a dwelling ` wired by the Fair Housing Amendments Act of 1988;';" 3604(f)(3j is definition shall not be applied to the extent that would cause a residential strut' a ed by person with handicaps, as defined in the 11 Federal Fair Housing Amendments Act of 8, t heated differentl than a smaller residential structure occupied by other related or unrel divii i.,See F9.105.080. a� "Adult- oriented merch ' ""shall mean moods, vt i ct& comities, or other wares, and is the lrtdst current meths ogy that, be reasonably required for preventing, controlling, or abating the'pAutants associated: with a po � r nonpoint discharge. See also "best management practices." "Alluvium " mea* soil deposits sported by surface waters. Animal Care Facil`t ,,See defiq of "animal kennel. "Animal kennel" m6 any s re or premises in which animals are boarded (including day care) or bred for fee or compensaii6& AiIiinal kennels may also offer grooming, training, sales of ancillary items, and related activities. " Antenna(s) " means any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points, including, but is not limited to: (1) "Omni - directional (or `whip ) antenna(s) " transmits and receives radio frequency signals in a 360 - degree radial pattern. , (2) "Directional (or panel) antenna(s) " transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees. (3) "Parabolic (or `dish ) antenna(s) " is a bowl - shaped device for the reception and/or transmission of communications signals in a specific directional pattern. FWRC 19.05.010 A Definitions Exhibit Al Page 2 (4) `Ancillary antenna" is an antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna. "Antique " or "collectible " means any article which, because of age, rarity, or historical significance, has a monetary value greater than its original value, or which has an age recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise. "Applicant" means a person who, whether personally or through an agent, seeks, requests, or applies for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC); a person who is the owner of property subject to this title, and a person who is engaged, whether personally or through an agent, in development activity. "Applicant" includes both the principal and any agent. "Aquifer" means a geological formation that is capable of y7 jft a usable amount of fresh water to a well or spring. V "Arcade " means a linear pedestrian walkway that abuts aW runs aitg the facade of a building. It is covered, but not enclosed, and open at all times to publiCse. Typically,tvhas a line of columns along its open side. There may be habitable space above the arde `Architectural embellishments for sign regulations means the aesthetic eli�nts of the structure that includes or encloses a sign. They do not include any eepy, text, logos, graphics, o01tnther elements of the sign face or sign base, but are solely intended to enhane the aest ei of the structilements surrounding or supporting the sign. "Average building elevation (ABE) " jeans the average o� ighest and lowest existing or proposed elevations, whichever is lowest, taken at the base of the exterid lls of the structure, or it means five feet above the lowest of the existing or proposed elevations, whiche ; r,is lowest. ABE is the elevation from which building height is measured. ', O\p e t s I F t E e 4 e ! 1 k i M ! 1 RetCe sl chum (ADS) 9m+ lion "Average slope" meafi � av*rage grade of land within each land area representing a distinct topographical change. "Awning" means a nonrigid; roof- -like cover that projects from a building as a shelter, but that does not project above the adjacent parapet or roof of a supporting building. (Ord. No. 11 -700, § 3, 9- 20 -11; Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord. No. 09 -593, § 24,1-6-09; Ord. No. 08 -585, § 3(Exh. A), 11 -4 -08. Code 2001 § 22 -1.1.) FWRC 19.05.010 A Definitions Exhibit Al Page 3 EXHIBIT A2 Federal Way Revised Code (FWRC) Chapter 19.05, "Zoning and Development in General" 19.05.030 C definitions. "Canopy" means a permanent, rigid, roof -like structure that projects from a building as a shelter, with no habitable space above it, but that does not project above the adjacent parapet or roof of a supporting building. A freestanding canopy is a rigid, roof -like structure providin "helter that is supported by one or more posts embedded in the ground. y� Cargo Containers. See "outdoor storage containers" and "Po0w,moving containers." "Cell -on- wheels (C -O -W) " means a mobile temporary pejsal Wirejess service facility. "Cemetery" means land used or intended to be used,for the'burial of the dead and dedicated for cemetery purposes, including columbariums, crematorigs mausoleums and`ortuaries, and related uses, when operated in conjunction with and within boupdaies of such cemetery." r "Church, synagogue or other place of religious Worship " means an establishment, the principal purpose of which is religious worship and for which th` boi'ding ding or other s: ture contains the sanctuary or principal place of worship, and which establi meq stay "include related ac ssory uses. "Clearing" means the destruction and 'to of vegetatio t y "manual, mechanical,,", or chemical methods. "Clearview zone "means the areas arou intersect ons, includin,Joe entrance of driveways onto � � �� streets, which must be kept clear of sight obruction. ee.FWRC 11,300. "College or university' °emeansa post- seconury insttitotilar higher lrning that grants associate or bachelor degrees and ma T lso a e research f4dhties c r`p6ift sionalaschools that grant master and doctoral degrees. This m€ty`also include community colD s that g(r associate or bachelor degrees or certificates of completion`�n business or:technical it J, "Collocation " means the placement and arrangeniep, of multiple providers' antennas and equipment on a single suprporl:structure or pt eht p clsarea. "Commercial i~e�n facili ' means an i door facility and use operated for profit, with private facilitiek,'equipment or services for'reereational pufposps including swimming pools, tennis courts, playgrounds and other similes uses. The use of such a' darea may be limited to private membership or may be open to ",public upon the pnent ova fee. "Commercial use " means the "uses allowed in the commercial zones and the nonindustrial uses permitted in the coi 3mercial enterprise zone and not permitted in any other zones of the city. "Commercial vehhi" means any truck over 10,000 pounds gross vehicle weight rating (GVWR), as defined in RCW 46.25`.0,,f0,, which is typically used principally for the transportation of commodities, vehicles, merchandise, proce, freight, or animals; as well as any bulldozers, backhoes, cranes, or similar construction equipment,,,,'' "Commercial zones " means the BN, BC, CC -C and CC -F zoning districts. "Common recreational open space usable for many activities " means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational . activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. "Common space " means an area within a development, which is used primarily by the occupants of that development, such as an entryway, lobby, courtyard, outside dining area, etc. FWRC 19.05.030 C Definitions Exhibit A2 Page 1 "Community wardens" means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or more individuals, or may be farmed collectively by members of a group and may include common areas maintained or used by group members, Food grown is typically for community garden members or as a donation. See also the definitions for "agricultural use," "urban agriculture," and "farm stand." "Community recreation area or clubhouse" means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. "Community service event" or "civic event" means an event or pt ing (such as a food fest, concert, fun run, cultural exhibition, or charitable fund- raising event) s d by a private or public nonprofit organization. Sponsoring organizations can include, but are mttel to, schools, churches, and/or civic fraternal organizations, theater and arts groups, and charitablu itgami ons. The event may not be primarily for the purpose of selling or promoting mere `r 'se or services "Comprehensive plan" means the ordinances of the z, `, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and oreline master programs "Contour line " means the interconnection of poi laving the same height alaye sea level. "Convalescent center "-means an inpatient facili ty, e� ding f es .defined ass�pitals, for patients who are recovering from an illness or wla are receiving C��onic conditions; rital, physical; emotional or developmental disabilities nal illness; or aol or drug treatment and may include assisted living facilities. "Copy for signs means the graphic co t of surface in)Ox er permanent or removable letter, pictographic, symbolic, or alphabetic form z , u stipulated in Chapter 19.250 FV RC. V� "Critical aquifer recharge ar meankireas in which water reaches the zone of saturation by surface infiltration and includes areas hydrogeoiogically susceptible to contamination and contamination loading potential including, but not kited to, sole water source aquifer recharge areas, special protection groundwater management areas, we,41head protection areas, and other areas with a critical recharging effect on aquifers used far, atabl , *toter. "Critical root zone " mein a equal to 12 inches radius for every one inch of tree diameter measured at four and one-half et above ground. "Cross - section (drawing) " means a visual representation of a vertical cut through a structure or any other three - dimensional form. "Curb cut" means the connection of a driveway with a street, which may entail a structural alteration to the curb by lowering the height of part of the curb. "Cut" means a portion of land surface or area from which earth has been removed or will be removed by excavation. Also known as excavation. (Ord. No. 12 -724, § 3, 6 -5 -12; Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -605, § 3(Exh. A), 3 -3 -09; Ord. No. 09 -593, § 24,1-6-09; Ord. No. 08 -585, § 3(Exh. A), 114-08. Code 2001 § 22 -1.3.) FWRC 19.05.030 C Definitions Exhibit A2 Page 2 EXHIBIT A3 Federal Way Revised Code (FWRQ Chapter 19.05, "Zoning and Development in General" 19.05.060 F definitions. "Facade "means the entire building front including the parapet. "Family" means an individual; a group of not more than five ins related by not more than four degrees of affinity or consanguinity,, guardianship. Any limitation on the number of residents resulting 'f to the extent it would prevent the city from making reasonable I acc< order to afford such persons equal opportunity to use and enjoy A d Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b).:.This de uals; or two or more individuals ding persons under legal this definition shall not be applied odations to disabled persons in it g as required by the Fair ion shall not be applied to the extent that it would cause a residential structure occupied by persons wit h�#ta picaps, as defined in Lite Federal Fair Housing Amendments Act of 1988, to be treated differently thE6,a similar residential structure occupied by other related or unrelated individuals. "Family day care" means a business regularly providing :care d,i fewer persons, including children and /or adults, and the children, i] in the family abode of the person or persoas"under whose dif' ca Family day care includes family day care _haines=for children as day care for adults. See FWRC 19.105.070. ,pg.part of the -ldour day to 12. or, pplicable, of the -,care provider, those receiving ca4are placed. fed by RCW 35.63.170 and in -home ff cottaze food overatio " and "ur a farm." "Fast food restaurants means Aii "establishment which offers quick food service which is accomplished through one or more of the follb*ing mechanisms: (1) Limited menu of easily produced items. (2) Orders are not taken at the customer's table. (3) Food is served in disposable wrappings or containers. "Fence " means a manmade barrier or wall constructed for the purpose of enclosing space or separating parcels of land. "Festoons " means a string of ribbons, tinsel, small flags, or pinwheels. "Fill" means depositions of earth materials by artificial means. "Fill material " means dirt, rock, gravel, broken concrete, and similar substances used to change the level of the ground or to provide an even surface, but excluding topsoil, bark, rocks, or gravel placed on the surface of the ground for gardening, landscaping, or ornamental purposes. FWRC 19.05.060 F Definitions Exhibit A3 Page 1 "Finished grade " means the final contour of the land surface prior to landscaping. "Flag" means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem, or for decoration: "Flag lot" or `panhandle lot" means a lot in the shape of a flag or pan that is connected to the road or street right -of -way by a narrow strip of land. The narrow strip of land connecting the main portion of the lot to the road or street right -of -way is the "flag pole" or "access panhandle" part of the lot. "Floor" means the horizontal surface inside a structure designed and intended for human use and occupancy. "Floor area "means the total area of a building floor plate in gross square feet. "Frontage of a property" means the length of the property line along any public right -of -way on which it borders. "Frontage of a building" means the length of an outside building wall on a public right -of- way._ (Ord. No. 09 -610, § 3(Exh. _A), 4 -7 -09; Ord. No. 09 -605, § 3(Exh. A),; 3=89; Ord. No. 09 -593, § 24,1-6-09. Code 2001 § 22 -1.6.) FWRC 19.05.060 F Definitions Exhibit A3 Page 2 EXHIBIT A4 Federal Way Revised Code (FWRQ Chapter 19.05, "Zoning and Development in General' 19.05.160 P definitions. "Panhandle lot" means flag lot. "Parking area" means any area designed or used for parking "Parking space " means an area which is improved, maintain temporarily accommodating a motor vehicle that is not in use. "Parking structure" means a building or structure consisting; below ground, and used for temporary storage of motor vehicle: "Personal wireless service facility (PWSF) "me microcell, that is a facility for the transmission anc may include antennas, equipment shelter or cabin the necessary elevation, and reception and transmi "Personal wireless services " means 5gmmerci2 common carrier wireless exchange acce�ervices "Plaza" means a pedestrian space thai`l� � a to a building or is clearly visible and acce le 4 furnishings include special paving, landscape P protection, water features, o as receptacles, "Portable moving containers" means new or.u,, or business customers jr1r temporary accessory me to, such products tradem ed as "PODS." (Person "Door to Door." Such containers are tyicly deli loading period, then retrieved truck ti Adli facility. See-F.W11&,0I2 7,55.020. "Preappication conj reface" meap 4 meeting) review committee, which to Dertinent'cbdes and reu for the sole purpose of than one level, above and/or n "vJireless communication facility, including a ar reception of radio fregieaey signals, and which smission cables, a suppoTt, structure to achieve ;**ices 494 antennas. s z mobile lc unlicensed wire services, and as define ;ederal laws and regul "ions. le for publie use and is situated near a main entrance kAle adjacent ht -of -way. Typical features and les t scale lightin g, seating areas, weather I bicycle cks. d profabri &ated :units that can be rented by residential 'N aid storage-Activities, including, but not limited `bemand Storage), "SAM" (Store and Move), and ere��t�o a site by truck, left on site for a temporary d O mother location, which may include a storage an applicant and members of the development , during which the project is discussed relative "Primary eht ,, Iar access " mans the street, vehicular access easement, or private tract from which the majority of We�tes enter the sulect property. "Principal use " means the primary, or predominant use of any lot or parcel. "Private club " meAftlu association of persons organized for some common purpose, but not including groups organized pr�ny to sell merchandise or render a service which is customarily carried on as a business. "Property line " means those lines enclosing the subject property and those lines defining a recorded vehicular access easement or tract. The following are categories of property lines: (1) The front property line is any property line that is adjacent to a primary vehicular access. If the subject property is adjacent to more than one primary vehicular access, the applicant shall designate which of the adjacent property lines is the front property line and the remainder of such adjacent property lines will be considered as either a rear property line or side property line, based on the definition in this section, except the property line adjacent to an arterial or primary collector shall not be designated as a primary vehicular access. (2) For flag lots, the yard setbacks shall be applied per the following graphic: FWRC 19.05.160 P Definitions Exhibit A4 Page 1 ofiveway for Lao ?J Access e0seMetv for to I Lot 2 Lot I .......... Flag Lot Setbacks or ........... ------- Lot 2 Lot 2 opt WJ, INV .......... ........ "a ......... lif. Lot I Lot 1 .. .. .I i V------------------ Sow orkwWay Not an arterial' D*m** for Loi 2 Arterial or tor Lot 2 Or principal COIISCtOr Lo SWccWE4$*n" rfnjfpjf-00[tWtjr A -� t I (3) The rear property line Ifk- the front property line that is farthest from, and essentially parallel to, property line. (4) The side property line is any property line other than a front property line or a rear property line. "Public park" means a natural or landscaped area, provided by a unit of government, to meet the active or passive recreational needs of people. "Public space " means a passive or active recreational area designed specifically for use by the general public as opposed to serving merely as a setting for the building. Such areas may include parks, gardens, plazas, entrance lobbies, arboretums, solariums, and bandstands, or an approved combination thereof, and may contain exterior or interior spaces. Such areas shall be easily accessible from adjacent public areas and available to the public at least 12 hours each weekday. Public on-site open space may be privately owned, but must be permanently set aside and maintained for the use and benefit of the public. FWRC 19.05.160 P Definitions Exhibit A4 Page 2 : ­ ........ ko Lot ,3 to W --per - ------ DAVGWBY tat Lot 3 Lot MWACCO" for Lot 2 Lot 1 F = Front Yard Not an arterial S = Side Yard 6-r-pii5c-1621 i6lWCfC;r R = Rear Yard (3) The rear property line Ifk- the front property line that is farthest from, and essentially parallel to, property line. (4) The side property line is any property line other than a front property line or a rear property line. "Public park" means a natural or landscaped area, provided by a unit of government, to meet the active or passive recreational needs of people. "Public space " means a passive or active recreational area designed specifically for use by the general public as opposed to serving merely as a setting for the building. Such areas may include parks, gardens, plazas, entrance lobbies, arboretums, solariums, and bandstands, or an approved combination thereof, and may contain exterior or interior spaces. Such areas shall be easily accessible from adjacent public areas and available to the public at least 12 hours each weekday. Public on-site open space may be privately owned, but must be permanently set aside and maintained for the use and benefit of the public. FWRC 19.05.160 P Definitions Exhibit A4 Page 2 "Public utility" means the facilities of a private business organization such as a public service corporation, or a governmental agency performing some public service and subject to special governmental regulations, the services which are paid for directly by the recipients thereof. Such services shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and transportation for persons and freight. The term also includes broadcast towers, antennas and related facilities operated on a commercial basis. "Public works director " means the director of the department of public works of the city. (Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -593, § 24, 1 -6 -09; Ord. No. 08 -585, § 3(Exh. A), 11 -4 -08. Code 2001 § 22- 1.16.) FWRC 19.05.160 P Definitions Exhibit A4 Page 3 EXHIBIT A5 Federal Way Revised Code (FWRC) Chapter 19.05, "Zoning and Development in General' 19.05.210 U definitions. "Urban agriculture" is an umbrella term encompassing a wide range of activities involving the raising, cultivation, processing, marketing, and distribution of food. Urban agriculture land uses include: community gardens, urban farms, cottage food operations, farm stands, and farmers markets. See also the definitions for "agricultural use," "cos*imity gardens," "cottage food operation," "farm stand," and "farmers market." "Urban farm" means privately or publicly owned land used for thecultivation of fruits, vegetables, plants, flowers, or herbs by an individual, oreanization, oyr'l usiness with the primary purpose of growing food for sale. "Use" means the activities taking place on propel or within structures ther Each separate listing under the "Use "-column in FWRC 19.195.010.through 1,9.245.010;f separate use .� (Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09, Ord No. 09 -593, § 24, 1609 Code 2001 §22-1.21.) 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V X W w .fl C4 N N V s. a luoJ3 0l H S j0'] e� •% tw O O U ssaaoad baInag ■r - q D C pajinDaV A o aw��1a q V ►`� U 'a `o V ml w � ei cu bn n. V X W w .fl C4 N N V V arn;ana ;S II" � 3 m ° a wad AOJ 40-1 00 W al Lo w y a � o �eag arn;ana ;S II" � 3 li of of m ° a wad AOJ 40-1 9 al Lo w y a � o �eag E a gasa ap!S a 1aoa3 u w az�s �o I of C z z � � U ssaaord Ma�nag p WS�i paam ag u � o .G 7 � � U li of of c co a 00 � u K W 4 u Q D 0 w c N a 7 m 9 al Lo w w zl � o c co a 00 � u K W 4 u Q D 0 w c N a 7 W •� X� W ti s, w C C s, 0 N rl Vi M N 01 r-I i a I� v d R m a s, 0 N IA m N O� e� L 0 V V H m �? 4� W ti at s, a v T is Ri L 0 kn rl N O� v a 0 v X W U Q t7 cd Ln O N O d' N O+ N V f7L EXHIBIT D PROPOSED NEW SECTION Federal Way Revised Code (FWRC) Title 19, "Zoning and Development Code" Chapter 19.262, "Urban Agriculturei' Sections: 19.262.010 Purpose. 19.262.020 Applicability. 19.262.040 Farmers markets. 19.262.050 Farm stands. 19.262.060 Cottage -food operations. 19.262.070 Accessory structures. 19.262.010 Purpose. this chapter. (1) a. of surrounding uses and natural systems and includes the followine: i. Off - street parking, if applicable; ii. Garden/farm management rules that will govern garden /farm users and /or employees; iii. Location, size, and type of any proposed accessory structures; iv. Processing and /or sale of food produced on site; V. Storage and application of agricultural chemicals, including fertilizers and pesticides, and a hazardous material checklist if site is located within a designated wellhead protection zone; A. Location and plans for composting facilities; Proposed New Section, Chapter 19.262, "Urban Agriculture" Exhibit D Page I of 3 vii. Mechanical equipment to be used on site; viii. Stormwater management; and ix. Soil testing if site is located within area desienated as potentially contaminated at greater than 20 parts per million (ppm) by the Tacoma smelter plume. b. Written notice shall be provided by mail for community garden and urban agriculture uses that are larger than 10,000 square feet in size and located within a residential zoning district, to persons receiving property tax statements for all properties within 300 ft. of each boundary of the subiect property. The notice shall contain the following information: followine criteria: a. Farm stands are limited to 200 square feet in area and shall be no more than 15 ft. in heieht. b. No more than one farm stand shall be permitted on a subject site. c. Farm stands shall be designed to be temporary and portable structures and shall not be Permanently affixed to the ground. d. See FWRC 19.262.080 for requirements related to on -site sale of urban agriculture products. Proposed New Section, Chapter 19.262, "Urban Agriculture" Exhibit D Page 2 of 3 19.262.060 Cottage food operations. (1) Cottage food operation uses are permitted in any zone as an accessory use to a permitted use subiect to the following criteria: a. Cottage food operations shall adhere to the requirements of RCW 69.7.100 and RCW 69.07.120. b. Cottage food operations shall adhere to the requirements of FWRC 19.270 "Home Occupations." 19.262.070 Accessory structures. Accessory structures supportive of the url Property subiect to the following reeulations: (1) Structures that are considered access( requirements specific to "farm stands. ") (2) Accessory structures in residenti requirements: a. The cumulative site area occi less. b. in height. (2) O n star IyF. C. (3) A Eau a. IV for b. a 1 'Cross references: Licenses and business regulations FWRC Title 12• business registration fee for home occupations FWRC 12.05.090; animals. Chapter 19.260 FWRC. Proposed New Section, Chapter 19.262, "Urban Agriculture" Exhibit D Page 3 of 3 STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way Revised Code (FWRC) Chapter 19.115.020, "Community Design Guidelines, Administration" File :No. 13 - 103467 -00 -UP Public Hearing of September 18, 2013 I. BACKGROUND AND PROPOSED AMENDMENTS The proposed amendments to the Federal Way Revised Code (FWRC) Title 19, "Zoning and Development Code," would amend the administration section FWRC 19.115.020 of the Federal Way Zoning and Development Code; Division IV, Community Design Guidelines. The Planning Commission is being asked to review the proposed changes to FWRC Title 19 (attached as Exhibit A), and forward a recommendation to the City Council's Land Use/Transportation Committee (LUTC) and City Council. These proposed code revisions were not specifically identified in the 2013 Planning Commission Work Program, but fall within the business friendly code amendments category as adopted by the City Council. This code amendment was initiated by the Director of Community and Economic Development. II. ANALYSIS OF PROPOSED CODE AMENDMENT A. Proposed Code Amendments 1. Recommended modificatioin to the administration section of the Community Design Guidelines (FWRC 19.115.020). This proposed amendment would allow greater flexibility in administration of the community design guidelines contained in the city's zoning and development code. Specifically, the proposed amendments would allow for departure from any specific or numeric provisions contained in these design guidelines, provided the end result is consistent with the purpose statement of the Community Design Guidelines chapter. B. Rationale for Proposed Code Amendments All commercial, multi- family, and institutional uses are subject to the city's design guidelines. The community design guidelines contained in the FWRC currently have a limited amount of flexibility. The city's community design guidelines are written like zoning standards with specific and numeric requirements. Specifically, the guidelines contain many numeric and overly specific standards that apply to all type of land uses and developments. The intent of the code revision is to allow the design guidelines to be implemented more as traditional guidelines rather than standards. Guidelines are intended to outline best practices, and should be implemented with common sense and flexibility, rather than act as rigid standards. The proposed code amendments would allow greater flexibility in administering the community design guidelines for all land uses and developments that are subject to the code. The proposed code amendments would allow for increased creativity for building and site designers, and would allow departures from specific and numeric standards of the community design guidelines. Further, the revisions to the administration section are intended to allow the guidelines to act as performance objectives for siting and designing buildings, rather than acting as specific and/or numeric requirements. As currently written, many of the same design guidelines apply to all types of land use development. For example, under the current code, a 20 -unit multi - family apartment complex would be subject to many of the same design standards in the guidelines as a commercial retail center. The proposed amendments are intended to allow for greater flexibility in the siting and designing of unique land uses, unique site characteristics, and unique site and building architecture. Under the proposed amendments, building designs may be afforded relief from specific requirements of the guidelines, provided the overall building and siting meets the larger intent of the guidelines. As stated in the purpose section of FWRC Chapter 19.115, the guidelines are intended to require minimum standards for design review to maintain and protect property values and enhance the general appearance, as well as improve and expand pedestrian circulation, public space, and pedestrian amenities in the city. III. PROCEDURAL SUMMARY Public notice of the September 18,. 2013, Planning Commission public hearing was published in the city's official newspaper on August 31, 2013, and posted on or before September 4, 2013, in accordance with the city's procedural requirements. IV. PUBLIC COMMENTS No comments were received as a result of the public notice actions as of the date of this report. V. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the proposed zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendments meet the criteria established in FWRC 19.80.130. 3. To forward a recommendation to the City Council regarding adoption of the proposed zoning code text amendments. FWRC Design Guidelines Code Amendment File 13- 103467 -00-UP September 18, 2013, Planning Commission Public Hearing Page 2 of 4 V1. DECISIONAL CRITERIA FWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The city may amend the text of the FWRC only if it finds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan. The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) policies and goals: EDG -6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. EDP10 The City will work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development,,. businesses, and jobs to the community. EDPI S The City will continue to implement a streamlined permitting process consistent with state and federal regulations to reduce the upfront costs of locating businesses in the City. LUGI Improve the appearance and function of the built environment. L UPI Use residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses. LUP2 Use design and performance standards to achieve a greater range of housing options in multiple family designations. LUP3 Use design and performance standards to create attractive and desirable commercial and office developments. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. The proposed FWRC text amendments bear a substantial relationship to the public health, safety, and welfare because the amendments would allow greater flexibility in designing and siting of various types of land uses and development, while maintaining and protecting property values and enhancing the general appearance of the city. 3. The proposed amendments are in the best interest of the residents of the city. The proposed FWRC text amendments are in the best interest of the residents of the city because the proposed amendments would allow greater flexibility in administration of the community design guidelines, and the proposed amendments will support economic development in the city by allowing increased creativity in building and site design, while enhancing the general appearance of the city. FWRC Design Guidelines Code Amendment File 13- 103467 -00 -UP September 18, 2013, Planning Commission Public Hearing Page 3 of 4 VII. STAFF RECOMMENDATION Based on the above staff analysis and decisional criteria, staff recommends that the following amendments to FWRC Title 19, "Zoning and Development Code," be recommended for approval to the Land Use /Transportation Committee (LUTC) and City Council. 1. Modification to FWRC 19.115.020, as identified in Exhibit A. VIII. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC Chapter 19.80.240, the Planning Commission may take the following actions regarding the proposed development code text amendments: 1. Recommend to the City Council adoption of the FWRC text amendments as proposed; 2. Modify the proposed FWRC text amendments and recommend to the City Council adoption of the FWRC text amendments as modified; 3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to the City Council without a recommendation. EXHIBIT Exhibit A — Proposed Draft Code Amendments: • FWRC Title 19, "Zoning and Development Code," 19.115.020 FWRC Design Guidelines Code Amendment File 13- 103467400 -UP September 18, 2013, Planning Commission Public Hearing Page 4 of 4 Exhibit A Proposed Draft Code Amendments FWRC Title 19, "Zoning and Development Code" 19.115.020 19.115.020 Administration. Applications subject to community design guidelines and crime prevention through environmental design (CPTED) shall be processed as a component of the governing land use process, and the Director shall have the authority to approve, modify, or deny proposals under that process. Unlike development site. Decisions under this chapter will consider proposals on the basis of individual merit and will r encourage creative design alternatives in order to achieve the stated purpose and objectives of this chapter. To further such creative design alternatives and in reco ign,_tion o site -speci is o portunities and constraints decisions under this cha tp er may allow for departure from any specific or numeric provisions 'r contained in these guidelines, provided the end result is consistent with the purpose statement of this l chapter. Decisions under this chapter are appealable using the appeal procedures of the applicable land use process. Exhibit A, Proposed Draft Code Amendments File 11- 103951 -00-UP September 18, 2013, Planning Commission Public Hearing Page 1 of 1