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LUTC PKT 09-15-1997 e&1c- l City of Federal Way City Council Land Use/Transportation Committee September 15, 1997 5:30 pm City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. AFPROV AL OF MINUTES 3. PUBLIC COMMENT (3 minute limit) 4. BUSINESS ITEMS A. SR99 Redevelopment Study Presentation Info WSDOT (15 min) B. RTA Coordination Info Keightley (15 min) C. Non-Conforming Code Amendments Action i. General Amendments Completed ii. Streets (Waiver of Modification) Hi. Water Quality Clifton/Pratt (45 min) D. Street Lights Action Perez (10 min) E. Subdivision Signs Action McClung (10 min) F. Update on Sign Code Compliance Info McClung (10 min) G. Code Amendment Request (Sign Code) Info Moore (5 min) 5. ADJOURN Committee Members: Phil Watkins, Chair Ron Gintz Mary Gates City Staff: Greg Moore, Director, Comrrumity Development Services Sandy Lyle, Administrative Assistant 661-4116 I:\LU-TRANS\SEP15LUT .AGN City of Federal Way City Council Land Use/Transportation Committee September 3, 1997 5:30pm City Hall Council Chambers SUMMARY In attendance: Committee members Phil Watkins (Chair) and Ron Gintz (Mary Gates' absence was excused); Mayor Skip Priest; Director of Community Development Services Greg Moore; Deputy Director of Community Development Services Kathy McClung; Public Works Director Cary Roe; Assistant City Attorney Bonnie Lindstrom; Street Systems Manager Ken Miller; Surface Water Manager Jeff Pratt; Development Services Manager Stephen Clifton; SWM Project Engineer Marwan Salloum; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER The meeting was called to order at 5:30pm by Chairman Phil Watkins. 2. AFPROV AL OF MINUTES The minutes of the September 3, 1997, meeting were approved as presented. 3. PUBLIC COMMENT There was no public comment on items other than those included in the agenda. 4. BUSINESS ITEMS A. 1996 Asphalt Overla.y Final Approval- The Committee m/s/c recommendation to approve to Council final acceptance of the 1996 Asphalt Street Overlay Program, thus releasing retainage fees to the contractor, M. A. Segale, Inc., for the successfully completed project. The final cost of the 1996 Asphalt Overlay Project was $567,699.58, which is $86,221.64 below the approved constmction contract amount of $653,921.22. The $86,221.64 will remain in the asphalt overlay account. B. Nonconformin~ Code Revisions: Street Improvements. Water Ouality - The Committee continued discussion regarding nonconforming codes that require street and sidewalk improvements. Keith Dearborn of Seattle, attorney for Dunn Lumber, and Elaine Mansoor, Manager of SeaTac Mall, spoke against the current 25% nonconforming triggers as expensive and contrary to attracting business to Federal Way. Both agreed that if the 25 % triggers were retained, additional code language would be essential. The Committee prefers the 25 % trigger and asked for additional discussion on waiver provisions at their next meeting. There was discussion by the Committee on the definition of redevelopment related to water quality. The discussion was not completed and was continued to the September 15, 1997, meeting. The Committee also requested review of prior concerns on general nonconforming issues at the next meeting. C. Kin~ Conservation District - The Committee thoughts were to withdraw from the King Conservation District. The Committee requested that a letter stating the Committee's issues and concerns be drafted and presented to the Suburban Cities Association by Mary Gates, who is president of that organization. D. South 336thlKitts Re~ional Stora~e Facility Slo.pe R~pair Bid Award - During the winter storms of 1996/1997 a slope failure (mud slide) occurred along a portion of slope within the primary detention cell at the S336th/Kitts Corner regional storm water storage facility. The Committee recommended approval to Council of the contract for repair work to be performed by the lowest responsive, responsible bidder, Muck Creek Constmction, Inc., in the amount of $40,551.24 and a 10% contingency of $4,055.00. The matter was forwarded to the September 16, 1997, Council meeting. E. Subdivision Si¡:ns - The Committee moved this item to the September 15, 1997, agenda for discussion. 5. FUTURE MEETINGS The next meeting will be held on September 15, 1997 at 5:30pm in City Council Chambers. 6. ADJOURN The meeting was adjourned at 6:55pm. I: \LU- TRANS\SEP3LUT.SUM DATE: 10 September 1997 TO: Land Use/Transportation Committee - Councilmember Phil Watkins, Chair - Councilmember Mary Gates - Councilmember Ron Gintz Philip D. Keightley, Deputy City Manag& FROM SUBJECT: Transportation study for RTA related facilities in the City Center There is the need for a transportation study to determine the best location for RT A funded facilities to be located in the City Center of Federal Way. Attached is a draft outline of a scope of service for the study. This study outline is included with the recommendations of the Image and Downtown Committee recommendations going before the City Council on September 16, 1997 for consideration. We hope that the RTA will fund and take the lead in the study but have the City as a partner throughout. Recommendation. Recommend approval of the following to the City Council on September 16, 1997: 1. Approve the attached transportation study for RT A facilities in concept. 2. Authorize staff to work with RT A staff to finalize a scope of services for the study. 3. The final scope of services be returned to the LUTE and City Council for approval. CITY OF FEDERAL WAY TRANSPORTATION STUDY FOR RTA RELATED FACILITIES 9/9/97 DRAFT Purpose Detennine the best downtown Federal Way location of the following facilities that meets the long and short term needs of the City of Federal Way (transportation, transit, public infrastructure, economic development, downtown revitalization and image improvement, and private sector redevelopment), the RTA and effected agencies for both local and regional transportation: . Federal Way transit center (RTA funded) Federal Way 1-5 center lane transit direct access (RTA funded) Federal Way park and ride using structured parking (RTA funded) Federal Way park and ride expansion using structured parking (WSDOT and ABAM Perrini project) Federal Way park and ride expansion using structured parking (King County and possibly NextTEA funded) Federal Way light rail station likely future location (RTA study funded) . . . . . Criteria The alternatives to be considered and the best location recommended for the above facilities need to meet the following criteria: . City of Federal Way Comprehensive Plan King County Countywide Planning Policies Growth Management Act Transportation Plans of Federal Way, RTA, King County and PSRC Proved efficient, effective and least long tenn cost local and regional transportation Encourages downtown Federal Way revitalization and improves Federal Way image Provides the best facilities for the long term benefit of the businesses in downtown Federal Way and for the citizens of Greater Federal Way Integrates with and mutually enhances the following other public projects funded or planned in the Federal Way downtown: . 23rd Avenue S (S 317th Street to S 324th Street) project (partially funded) . S 312th Street (SR-99 to 23rd Avenue S) project (fully funded) . S 320th Street and SR-99 intersection project (fully funded) . S 320th Street (11 th Avenue S to 1-5) beautification project (fully funded) . SR-99 (S 310th Street to S 324th Street) project (design funded) . . . . . . . ;<./ . . 1-5 HOV lanes addition beside the Federal Way downtÇ>wn (WSDOT funded) Integrates with and mutually enhances the following possible private sector projects presently being planned: . Holiday Inn (south of S 320th Street and west ofl-5) . Marriot Hotel in Gateway Plaza (North ofS 320th Street and east of 25th Ave S) . SeaTac Mall expansion (possible multi-story parking garage, theaters and other expansions) Comfort lnn/Hotel (South of S 3l6th Street between SR-99 and 20th Ave S) Executel expansion (SW comer ofS 316th Street and 20th Avenue S) Rainier Plaza/Wall Mart (east of 20th Avenue S between S 3l2th Street and S 16th Street) Meridian Court and Willamette Court low income senior housing (east of23rd Avenue S between 312th Street and S 3l7th Street) Pavillion Center phase 2 (south of S 316th Street and west of SR-99) Many other redevelopment projects in downtown Federal Way . . . . . . Public Process Provide for a public process that includes stakeholders such as the property owners and businesses of downtown Federal Way, the Federal Way Chamber of Commerce, the citizens of greater Federal Way, the Federal Way School District and both present and future public transportation users. The decision process needs to include the Federal Way City Council Land UselTransportation Committee, the Federal Way City Council, the RTA Board and other agencies as appropriate such as King County. Lead Agency RTA is the lead agency with the City of Federal Way as a partner, which includes the scope of services development and the review and support of the study and its findings. ;iJ-, I N R T E MEMO 0 F I F c E To: From: Date: Subject: Land Use Trasnportation Committee Phil Watkins, Chair Mary Gates and Ron Gintz, Committee Members Greg Moore ~ . Director of Community Development Services September 10, 1997 Nonconformance Provisions Attached you will find the following materials for your review: . Draft Ordinance on previously agreed upon non-conforming code amendments . August 27, 1997, letter to LUTC on water quality from IeffPratt . August 28, 1997, etter to LUTC on street requirements from Ken Miller . August 18, 1997, letter from Ed Dunn, Jr. . September 3, 1997, letter from Dan Casey . Memo from Public Works on traffic to be placed in boxes on Friday, 9/12/97 . Memo from Public Works on water quality to be placed in boxes on Friday, 9/12/97 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY. WASHINGTON. AMENDING CHAPTERS 16 AND 22 OF THE FEDERAL WAY CITY CODE. PERTAINING TO LAND USE AND ZONING. ADOPTING NEW DEFINITIONS. REVISING EXISTING NONCONFORMANCE PROVISIONS AND CONSOLIDATING THE REQUIREMENTS FOR PUBLIC IMPROVEMENTS INTO THE NONCONFORMANCE. ARTICLE IV OF CHAPTER 22. A. Amendments to the Federal Way City Code (FWCC) text are authorized pursuant to FWCC Sections 22-216 and 22-217 pursuant to Process VI review; and B. The Federal Way City Council has considered a proposed change to the FWCC relating to the nonconformance provisions of the code; and C. The Federal Way City Council, pursuant to FWCC 22-517 having determined the Proposal to be worthy of legislative consideration, referred the Proposal to the Federal Way Planning Commission for its review and recommendation; and D. The City of Federal Way SEPA responsible official has determined that the proposed amendments are procedural in nature and categorically exempt from SEPA as authorized by WAC 197-11-800(20); and E. The public was given opportunities to comment on the Proposal during the Planning Commission review; and F. The Federal Way Planning Commission, having considered the Proposal at a public workshop on April 16, 1997 and public hearings on May 7th and May 21 st, 1997 pursuant to FWCC Section 22-523, and all public notices having been duly given pursuant to FWCC Section 22-521; and 1 G. Following the public hearings, the Planning Commission submitted to the Land Use and Transportation Committee of the City Council its recommendation in favor of proposed zoning text amendments affecting various sections of the FWCC as noted previously; and H. The Federal Way land Use and Transportation City Council Committee met on July 21, 1997 to consider the recommendation of the Planning Commission and has moved to forward the Proposal, with amendments, to the full City Council; and I. There was sufficient opportunity for the public to comment on the Proposal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOllOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way makes the following findings with respect to the Proposal and the proposed amendments to the Federal Way City Code ("FWCC"): 1. The proposed code revisions will provide more flexibility relative to structures and developments that were built in accordance with the codes and laws in effect at the time of construction; and 2. The proposed code revision will require improvements that are reasonably related to the work being proposed on a given property; and 3. The City of Federal Way is experiencing a high occupancy rate of commercial properties, particularly in the City Center Core and Frame areas; and 4. The Federal Way SEPA responsible official has determined that the proposed amendments are procedural in nature and categorically exempt from SEPA as authorized by WAC 197-11-800(20); and 2 5. The proposed code amendments would not adversely affect the public health, safety or welfare; and 6. The Planning Commission, following notice thereof as required by RCW 35A.63.070, held work sessions and public hearings on the proposed regulatory amendments and has considered the testimony, written comments, and material from the public by and through said hearings. Section 2. Conclusions. Pursuant to FWCC Section 22-217 and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the Proposal: 1. The Proposal is consistent with the following Comprehensive Plan goals and policies: A. LUG2 - Develop an efficient and timely development review process based on a public/private partnership. B. LUP6 - Conduct regular reviews of development regulations to determine how to improve upon the permit review process. 2. The Proposal bears a substantial relationship to the public health, safety and welfare because it addresses concerns for the public health, safety, and welfare by establishing coherent regulations that reflect a reasoned balance between the rights of individual property owners and the broader community interest. 3. The Proposal is in the best interests of the residents of the City in that the proposed code revision allows structures which complied with the applicable codes and laws in effect at the time of construction, to continue to be utilized with reasonably related 3 upgrades of the subject property and improvements required by the nonconformance provisions of the zoning code. Section 3. Amendment. The Federal Way Zoning Code, Chapter 22, is amended to provide as set forth in Attachments A through C which are attached and by this reference are incorporated herein. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance. or the validity of its application to other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,1997. CITY OF FEDERAL WAY MAYOR, MAHLON S. PRIEST ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC 4 APPROVED AS TO FORM: CITY ATTORNEY, LONDI K LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 5 ATTACHMENT A SECTION 22-1- DEFINITIONS 6 Abandoned shall mean 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 the property. "Abandoned" shall include but not be limited to circumstances involving tax forfeiture, bankruptcy. or mortgage foreclosure). Accessory shall mean a use, activity, structure or part of a structure which is subordinate and incidental to the main activity or structure on the subject property. Accessory dwelling unit (ADU) shall mean either a freestanding detached structure or an attached part of a structure which is subordinate and incidental to the main or primary dwelling unit located on the subject property, providing complete, independent living facilities exclusively for one single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation. ADU, attached shall mean an accessory dwelling unit that has one or more vertical and/or horizontal walls, in common with or attached to, the primary dwelling unit. ADU, detached shall mean a freestanding accessory dwelling unit that is not attached or physically connected to the primary dwelling unit. Accessory hardship dwelling unit shall mean an attached ADU which satisfies the criteria set forth in Section 22-633 of this Code. Accessory living 'aalify shall mean an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee's family, or for the business owner/operator and that person's family. Adjoining shall mean property that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is more than 100 feet from a low density zone is not considered to be adjoining that zone. Adult entertainment activity 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 as follows) for observation by patrons therein and which excludes minors by virtue of age. a. Specified anatomical areas shall mean both of the following: (2) Any person who is engaging in an activity governed by this chapter or who is the owner of property subject to this chapter. 7 Average building elevation shall mean a reference datum on the surface topography of a subject property from which building height is measured. The reference datum shall be a point no higher than five feet above the lowest elevation taken at any exterior wall of the structure either prior to any development activity or at finished grade, whichever is lower, provided the reference datum is equal to or lower than the highest elevation at any exterior wall of the structure prior to development activity. Average slope shall mean the average grade of land within each land area representing a distinct topographical change. Backfill shall mean material placed into an excavated area, pit, trench or behind a constructed retaining wall or foundation. Building shall mean a roofed structure used for or intended for human occupancy. Building mounted signs shall mean all of the following: wall mounted signs, marquee signs, under marquee signs and projecting signs. Bulkhead shall mean a wall or embankment used for retaining earth. Business college shall mean a post secondary institution that offers instruction in business principles and practices that will enhance one's ability to perform in a business setting, Le., secretarial, accounting, purchasing, computers. Cemetery shall mean land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses, when operated in conjunction with and within boundaries of such cemetery . Center identification sign shall mean a building mounted sign or ground mounted sign which identifies the name of a development containing more than one office, retail, institutional or industrial use or tenant and which does not identify any individual use or tenant. 8 Medium density use shall mean detached, attached or stacked dwelling units on a subject property which contains at least 3,600 square feet of lot area per dwelling unit but not more than 7,199 square feet of lot area per dwelling unit. Medium density zones shall mean the following zones: RS 5.0, RM 3.6 and comparable zones in other jurisdictions. Minor stream shall mean any stream that does not meet the definition of major stream. Monument sign shall mean a ground mounted sign which is attached to the ground by means of a wide base of solid appearance and which complies with the standards of Plate 3. Moorage facility shall mean a pier, dock, buoy or other structure providing docking or moorage space for waterborne pleasure craft. Multiuse complex shall mean all of the following: a group of separate buildings operating under a common name or management; or a single building containing multiple uses where there are specific exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that request treatment as a multiuse complex. Natural features shall mean physical characteristics of the subject property that are not manmade. Natural materials shall mean materials chemically unaltered from their natural state. Noise shall mean the intensity, duration and character of sound from any and all sources. Nonconformance shall mean any use, structure, lot, condition, activity or any other feature or element of private or public property.. or the use or utilization of private or public property. that does not conform to any of the provisions of this chapter or that was not approved by the City of Federal Way eity-through the appropriate decision-making process required under this chapter. Nonliving ground cover shall mean gravel, chipped bark or similar nonpolluting material through which water can freely percolate to the soil beneath. Normal maintenance shall mean normal maintenance includes interior and exterior repairs and incidental alterations. Normal maintenance and repair may include, but is not limited to, painting, roof repair and replacement, plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization. Incidental alterations may include construction of nonbearing walls or partitions. Normal maintenance - signs may include. but is not limited to: replacing light bulbs. painting faded or peeling paint. replacing small pieces of a damaged sign. This does not include change of color. materials. sign type. size height or text. except for that specifically permitted for a new tenant change to a multi tenant sign. 9 On-site hazardous waste treatment and storage facilities shall-mean facilities which treat and store hazardous wastes generated on the same lot or geographically contiguous or bordering property. Travel between two properties divided by a public right-of-way, and owned, operated or controlled by the same person, shall be considered on-site travel if: (1 ) (2) The travel crosses the right-of-way at a perpendicular intersection, or The right-of-way is controlled by the property owner and is inaccessible to the public (see WAC 173-303-040(39)). Property line shall mean 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 ) (2) (3) The front property line is any property line that is adjacent to a right-of-way which is more than 21 feet in width, excluding Interstate 5. If the subject property is adjacent to more than one right-of-way which is more than 21 feet in width, 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. If . the subject property is not adjacent to a right-of-way which is more than 21 feet in width, then the front property line is the property line adjacent or principally oriented to the street providing primary vehicular access to the subject property, as determined by the director of the department of community development. The rear property line is any property line that is farthest from, and essentially parallel to, the front property line. The side property line is any property line other than a front property line or a rear property line. Public park shall mean a natural or landscaped area, provided by a unit of government, to meet the active or passive recreational needs of people. Public utility shall mean 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 shall mean the director of the department of public works of the city. 10 ATTACHMENT B ARTICLE IV - NONCONFORMANCE 11 ARTICLE IV. NONCONFORMANCE* *Cross reference(s)--Effective date of the zoning regulations and requirements, § 22-9; district regulations, § 22-571 et seq.; supplementary district regulations, § 22-946 et seq. --- Sec. 22-325. Purpose and intent. The purpose of this Article is to allow for the continuance and maintenance of legally established nonconforming uses and structures. and to provide standards delineating the circumstances in which nonconforming uses and structures must be brought into conformance with the standards and provisions prescribed within this chapter. In particular. the intent of this Article is to: w ilù .(çl !ill .(g). Ensure a reasonable opportunity for use of legally created lots which do not meet current minimum code requirements for the zoning district in which they are located. Ensure a reasonable opportunity for use. maintenance and minor improvement of legally constructed buildings. structures and site development features. encourage a reasonable opportunity for a change of tenants using such buildings. structures. or features. even where those buifdings. structures and features do not comply with development regulations prescribed by this chapter. and provide more flexibility relative to structures and developments that were built in accordance with the codes and laws in effect at the time of construction; Ensure a reasonable opportunity for continuation of legally established uses which do not conform to use regulations for the zoning district in which they are located. Encourage the replacement of nonconforming uses having potentially undesirable impacts on conforming uses. . Encourage the upgrading of nonconforming buildings. structures and site development features which do not comply with development regulations prescribed by this chapter. Sec. 22-326. Administration. This article establishes when and under what circumstances nonconforming aspects of a use or development must be brought into conformance with this chapter. The provisions of this article should be used only if there is some aspect of the use or development on the subject property that is not permitted under this chapter. (Ord. No. 90-43, § 2(165.05),2-27-90; Ord. No. 91-113, § 4(165.05),12-3-91; Ord. No. 92-135, § 3(165.05),4-21-92; Ord. No. 92-144, § 3(165.05),6-16-92) 12 Sec. 22-327. When conformance is required. If an aspect, element, activity or use of or on the subject property conformed to the applicable zoning chapter in effect at the time that aspect, element. activity or use was constructed or initiated, that aspect, element, activity or use may continue and need not be brought into conformance with this chapter unless a provision of this article requires conformance. (Ord. No. 90-43, § 2(165.10),2-27-90; Ord. No. 91-113, § 4(165.10),12-3-91; Ord. No. 92-135, § 3(165.10),4-21-92; Ord. No. 92-144, § 3(165.10),6-16-92) Sec. 22-328. Regulations applicable to legal nonconforming use. If a use is nonconforming in the zone in which it is located, this chapter does not establish applicable dimensional or other regulations. If the use is a legal nonconforming use. Therefore, to determine --that regulations apply, the city will. in order to identify applicable regulations. determine the zone that allows the nonconforming use~ that is most similar to the zone in vihich the-nonconforming use is located and apply the development regulations of that zone. If the use is a legal nonconforming use that is allowed in one or more zones other than the zone in which it is located. the City determine the zone most similar to the zone in which the nonconforming use is located and apply the development regulations of that zone. (Ord. No. 90-43, § 2(165.15),2-27-90; Ord. No. 91-113, § 4(165.15),12-3-91; Ord. No. 92-135, § 3(165.15),4-21-92; Ord. No. 92-144, § 3(165.15),6-16-92) Sec. 22-329. Abatement of nonconformance that was illegal when initiated. (a) Generally. Except as specified in subsection (b) of this section, any nonconformance that was illegal when initiated must immediately be brought into conformance with this article. The city may, using the provisions of article IV of this chapter or any other applicable law, immediately abate any nonconformance that was illegal when initiated. (b) Exceptions. If a nonconformance has ever been in complete conformance with an applicable zoning code it may continue to exist subject to the provisions of this article, and it is not subject to abatement under subsection (a) of this section. (Ord. No. 90-43, § 2(165.20),2-27-90; Ord. No. 91-113, § 4(165.20),12-3-91; Ord. No. 92-135, § 3(165.20),4-21-92; Ord. No. 92-144, § 3(165.20),6-16-92) Sec. 22-330. Immediate compliance with certain provisions required. (a) General/y. Regardless of any other provision of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (1 ) Nonconformance with the noise standards in section 22-956; 13 (2) (3) (4) (5) (6) (7) (8) (9) (10) (11 ) Nonconformance with the lighting standards in section 22-954; Nonconformance with the heat emission standards in section 22-951; Nonconformance with the radiation standards in section 22-959; Nonconformance with the air quality standards in section 22-947; Nonconformance with the odor standards in section 22-958; Nonconformance with the provisions in section 22-1111 et seq.; regarding parking and storage of large vehicles in residential zones; Nonconformance with the provisions in section 22-952 regarding junk; Nonconformance with the glare standards in section 22-950; Nonconformance with the provision in section 22-1596 regarding portable outdoor signs; Nonconformance with the provision in section 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of section 22-121 et seq. or any other applicable law, to immediately abate or seek discontinuance of any nonconformance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25),2-27-90; Ord. No. 91-113, § 4(165.25),12-3-91; Ord. No. 92-135, § 3(165.25),4-21-92; Ord. No. 92-144, § 3(165.25),6-16-92) Cross reference(s)--Enforcement of the provisions regarding nonconformance with the zoning regulations, § 22-121 et seq.; maximum environmental noise levels, § 22-956; lighting standards, § 22-954; heat regulation, § 22-951; radiation, § 22-959; air quality, § 22-947; odors, § 22-958; water quality, § 22-1196 et seq.; parking and storage of outdoor equipment, § 22-1111 et seq.; junk and junkyards, § 22-952; glare regulations, § 22-950; portable outdoor signs, § 22- 1596 et seq.; signs extending over rights-of-way, § 22-1596 et seq. Sec. 22-331. Certain nonconformances specifically regulated--Generally. (a) Sections 22-332 through 22-337 22-336 specify when and under what circumstances certain nonconformances must be corrected. If a nonconformance must be corrected under this section, the applicant must, as part of the application for any development permit, submit all information that the city reasonably needs to review the correction. In addition, the city will not issue a certificate of zoning compliance or permit occupancy until the correction is made. 14 (b) If section 22-330 applies to a specific nonconformance, the provisions of this section do not apply to that same nonconformance. (Ord. No. 90-43, § 2(165.35(1»,2-27-90; Ord. No. 91-113, § 4(165.35(1»,12-3-91; Ord. No. 92- 135, § 3(165.35(1»,4-21-92; Ord. No. 92-144, § 3(165.35(1», 6-16-92} Sec. 22-332. Same--Nonconforming use. Any nonconforming use must be terminated brought into conformance or discontinued if: (1 ) (2) (3) (4) The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the nonconforming use; Other than as specified in subsection (1) of this section, the applicant is making changes or alterations or doing work, other than normal maintenance, in any ~ consecutive 12 month period to any structure that houses or supports the nonconforming use and the fair market value of that change, alteration or work exceeds 15 percent of the assessed or appraised value of that structure. The applicant may provide an appraisal of the improvement structure on the subject property. 't'ihich has been damaged. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts (value of assessment or appraised value) shall be used; The subject property has been abandoned for 90 or more consecuthre days or the nonconforming use has ceased for 180 or more consecutive days; or The applicant replaces the use with a different use. The city may allow this change in use, if through process H IV (FWCC Sections 22-431 - 22- 460. or as amended), the city determines that the proposed new use will be less nonconforming and will have fewer detrimental effects on the neighborhood than did the existing use. (Ord. No. 90-43, § 2(165.35(2», 2-27-90; Ord. No. 91-113, § 4(165.35(2», 12-3-91; Ord. No. 92- 135, § 3(165.35(2»,4-21-92; Ord. No. 92-144, § 3(165.35(2}}, 6-16-92} Cross reference(s)--Building code standards, § 5-66. Sec. 22-333. Same--Nonconforming procedure. If the subject property contains a use Q[ aspect, activity or development requiring approval through process I, II, Of III, or IV. and the use or activioc.which was not approved or reviewed by the Hearing Examiner throÜgh any quasi judicial process under this chapter or any prior applicable zoning provision, that use Q[ aspect, activity or development must be reviewed and approved using the appropriate process ßl under this chapter if: 15 (1 ) (21) (3~) (4~) There is a change in use and this chapter established diff-erent or more rigorous standards for the ne'fi' use than for the existing use; The applicant is making additions, changes or alterations or doing work, other than normal maintenance or other than tenant improvements, to the subject property in one consecutive 12 month period the fair market value of which exceeds 50 percent of the assessed or appraised value of all structures on the subject property. The applicant may provide an appraisal of the structures on the subject property. improvement 'wpich has been damaged. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used; The subject property has been abandoned f.or 90 or more consecutive days or The use conducted on the subject property has ceased for 90 t8&0r more consecutive days; or The director of community de'veloprnent determines that there w'j be substantial changes in the impacts on the neighborhood or the city as a result of the proposed change The applicant proposes to increase the gross floor area of any use on the subject property by 25% or more. either through addition of new floors within the structure or enlargement of the existing building foot print. (Ord. No. 90-43, § 2(165.35(3»,2-27-90; Ord. No. 91-113, § 4(165.35(3»,12-3-91; Ord. No. 92- 135, § 3(165.35(3», 4-21-92; Ord. No. 92-144, § 3(165.35(3»,6-16-92) Sec. 22-334. Same--Nonconforming Development If any aspect. structure. improvement or development does not conform to the development regulations prescribed in this chapter. that aspect. structure. improvement or development must be brought into conformance or otherwise improved as set forth below. If there are few'er parking spaces f.or the uses conducted on the subject property than are required under this chapter, the additional required number of spaces must be provided if: (1 ) í2l Change of use - single tenant site: If an applicant proposes a change of use on property used or occupied by a single tenant or use. the applicant shall meet those provisions determined by the Director to be reasonably related and applicable to the change of use. These provisions shall apply to the entire site. Change of use - multi tenant site: If an applicant proposes a change of use on only a portion of property occupied by multiple tenants or uses, the applicant shall meet those provisions determined by the Director to be reasonably related and applicable to the change of use. These provisions shall apply only to that geographic portion of the site related to the use or tenant space on which the change is proposed. =fhe 16 (4) (5) (6) applicant is going to change the use conducted on the subject property and this chapter requires more parking spaces for the ne'vv use than for the former use; (3) Increase in Gross Floor Area: If =fhe-sm applicant proposes to is-increase increasing the gross floor area of any use on the subject property in anyone of the following ways. the applicant shall meet the development regulations specified below: £.. If expansion of gross floor area of an existing building occurs either through addition of new floors within the structure or enlargement of the existing building foot print. the applicant shall meet all development regulations applicaQill to the geographic portion of the site on which the expansion is proposed: or b.. If a new and separate structure is being constructed on an already developed site. the applicant shall meet all development regulations applicable to the entire portion of the property on whicl:L.1he new structure and any related improvements are to be constructed. Abandonment: If an applicant proposes any work, including tenant improvements, on the subject property 1bgt has been abandoned for 90 or more consecutive days, the applicant shall meet all development regulations app!.içgQJe to the subject property to the extent physically or technically practicable on the site: or the use conducted on the subject property has ceased for 180 or more consecutive days. The use conducted on the subject property has ceased for more than one year. in which case the applicant shall repair and/or restore the improvements on the site (e.g. drainage. landscaping. curbing. parking. parking lot landscaping. etc.) to a condition as near as physically possible to the condition required_by the requirements of approval of the existing development: The applicant is making any alteration or changes or doing any work. other than normal maintenance or other than tenant improvements. in anyone consecutive 12 month period to an improvement that is nonconforming and the fair market value of the alteration. change or other work exceeds 50 percent of the assessed or appraised valued of that improvement. The applicant may provide an appraisal of the improvement(s). The appraisal must be from a source acceptable to the City. The Director may require the applicant to provide an appraisal from a second source acceptable to the City if the assessed valuation appears to be inaccurate or inappropriate. If more than one appraisal is provided by the applicant or required by the City. the larger of the two amounts shall be used. In the event this subsection is triggered. the applicant shall meet all development regulations applicable to the property. This section (22-334) does not govern application of Art~X. Community Design Guidelirlä application of Article XIX is governed by FWCC 22-1630 - 22-1639. as amended. 17 (Ord. No. 90-43, § 2 (165.35(4», 2-27-90; Ord. No. 91-113 § 4 (165.35(4)),12-3-91; Ord. No. 92- 135 § 3 (165.35{4», 4-21-92; Ord. No. g2-144 § 3'165.35(4», 6-16~92). Cross reference(s)-Zoning district regulations, § 22-571 et seq.; plan unit developments, § 22-921 et seq; off street parking regulations, § 22-1376 et seq. Sec. 22-335. Nonconforming signs. (a) Purpose In order to ease the economic impact of this code on businesspersons with substantial investment in signs in existence on the date of adoption of this code, this section provides for up to ten years of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this ten-year time period and/or may be amortized for federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. (b) Definitions. A nonconforming sign shall mean any sign as defined by section 22-1597 which was legally in existence on the effective date of this code, February 28, 1990 but which does not comply with the sign regulations of Article XVIII, "signs" or any other sections of this code. Any words, terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in sections 22-1 and 22-1597 of this Code. (c) Legal nonconformance. (1 ) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of this code, February 28, 1990, or located in areas annexed to the city thereafter which does not conform with the provisions of this code, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: (I) The sign was covered by a sign permit on the date of adoption of this code, if one was required under applicable law; or (ii) If no sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the date of adoption of this code. (2) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this section. (3) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be eligible for characterization as legal nonconforming signs. (d) Legal nonconforming sign permit. 18 (1 ) (2) (3) Required. A legal nonconforming sign permit is required for each legal nonconforming sign. The permit shall be obtained by the sign user or the sign owner, or the owner of the property upon which the sign is located, within 60 days of notification by the city that the sign is legal nonconforming. The permit shall be issued for no fee and shall expire at the end of the applicable amortization period prescribed in FWCC 22-335(E). Necessary information. Applications for a legal nonconforming sign permit shall contain the name and address of the sign user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the director of community development may require to ensure compliance with the code, including proof of the date of installation of the sign. Failure to comply. A legal nonconforming sign for which no permit has been issued within the 60-<fay period shall within six months be brought into compliance with the code or be removed. Failure to comply shall subject the sign user, owner andlor owner of the property on which the sign is located to the remedies and penalties of section 22-1604. (e) Amortization. All legal nonconforming signs shall be discontinued and removed or made conforming within ten years from the effective date of this code, on or before February 28,2000, and all signs which are made nonconforming by a subsequent amendment to this code shall be discontinued and removed or made conforming within five years after the date of such amendment (collectively the "amortization period"). Upon the expiration of the amortization period, the sign shall be brought into conformance with this code, with a permit obtained, or be removed. A sign prohibited pursuant to section 22-1600 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. (f) Extension or exemption from amortization period. (1 ) (2) (3) (4) Applicability. This subsection applies to any sign which is required to be removed pursuant to subsection (e) of this section following expiration of the amortization period. Purpose. A sign amortization exemption or extension is a mechanism by which the city may provide relief from the effect of the sign amortization program when its enforcement would fail to noticeably improve the appearance of the neighborhood and the city any when a hardship would result from its enforcement. Who may apply. the property owner or the person displaying the sign which is required to be removed pursuant to subsection (e) of this section may apply for a sign amortization extension or exemption. Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: 19 (a) (b) (c) (d) (e) (f) (g) (5) The sign is compatible with the architectural design of structures on the subject property. The sign substantially complies with the requirements of the sign code for the land use district in which it is located. For purposes of this subsection, .. substantial compliance" shall mean that the height ofthe sign is within ten percent of the sign height required by Article XVIII of this code and that the sign area of the sign is within 20 percent of the sign area required by article XVIII of this code. Minor deviations from these percentages may be approved by the administrator if he or she concludes that the resulting sign is harmonious with the character of the primary structures on the subject property and with the signs and structures on surrounding properties; The enforcement of this code would result in a substantial hardship to the applicant due to the size, shape, topography, location or surroundings of the subject property and such hardship was not created by any action of the applicant or would result in a substantial economic hardship to the applicant because the applicant erected a sign, or made an application for a sign permit, between February 28, 1990 and June 6, 1995 in compliance with the existing sign code. The sign complies with the city's minimum sign distance at intersection requirements pursuant to section 22-1151 et seq.; If illuminated, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not correctly visible; It is consistent with the city' comprehensive plan; and It is consistent with the public health, safety and welfare. Applicable procedure. Except as otherwise provided by this subsection (f), the city will process an. application for a sign amortization exemption or extension through Process I. Article VI of this code. (g) Loss of legal nonconforming sign status. All nonconforming signs shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated; (1 ) 20 (2) (3) (4) (5) (6) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12-month period to any structure that houses or supports the use with which the nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure as determined by the King County Assessor; Abandonment or business cessation. The subject property containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days; Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. Change in use. There has been a change in use on the subject property as that term is defined by section 22-1 of this code. Change in tenant. There has been a change in tenant or business on the subject property. In connection with any multiuse or multitenant complex, the foregoing events which require that a nonconforming sign be either removed or brought into conformance with this code, shall apply only to the individual owner's or tenant's building mounted or freestanding signs who has triggered the elimination of the legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification or tenant director sign in order to include such tenant's name. (h) Historic signs. Nonconforming on-site historical signs may be retained through Process II, Article VII of this code, if the sign is determined to be of historic significance by satisfying all of the following criteria: (1 ) (2) (3) (4) The sign is used in connection with a building which has been designated as a historic building pursuant to any federal, state or local preservation authority; The subject sign or signs are substantially unchanged or unaltered since initial installation; The subject sign or signs are a good example of the prevailing signage during the period in time it was installed; and The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfare. 21 (I) Exemption. The city may elect not to apply any provisions of this section 22-335 if the removal of a sign would require the city to pay compensation under any federal, state or other law, including RCW ch. 47.42. (Ord. No. 90-43, § 2(165.35(5)),2-27-90; Ord. No. 91-113, § 4(165.35(5)),12-3-91; Ord. No. 92- 135, § 3(165.35(5)), 4-21-92; Ord. No. 92-144, § 3(165.35(5)),6-16-92; Ord. No. 95-235, § 3, 6-ß- 95} Cross reference(s)--Sign regulations, § 22-1596 et seq. Sec. 22-336. When public improvements must be installed. 5ame--Nonconforming buffers. An applicant for a development permit for any type of activity on property on which a nonconformance is located shall provide the improvements required by Article XVI of this chapter. as provided in FWCC 22-1473. (Ord. No. 90-43. § 2(11 0.20). 2-27-90) Cross reference(§)-Streets. sidewalks and other public places. ch. 13: rights-of-way, § 13- 26 et seq.: subdivision required improvements. § 20-176 et seq.: drainage program. § 21-26 et seq. If the subject property does not contain the buffers required by this chapter, the required buffers must be provided if: (1 ) (2) (3) (4) There is any increase in the gross floor area of any structure on the subject property. Ilo\,(8'ger, the buffers adjacent to preexisting buildings on the subject property need only be increased to the extent that the land is available for the increase; There is a change in use on the subject property and this chapter requires larger or denser buffers for the new use than (.or the former use; Cxœpt as specified in subsection (1) of this section, the applicant is making changes, alterations or doing other work, other than normal maintenance or other than tenant improvements, in any 12 month period to any structure on the subject property and fair market value of these changes, alterations or other 'Nork exceeds 50 percent of the assessed or appraised value of that structure. The applicant may provide an appraisal of the imprßveffient 'vvhich has been damaged. The appraisal must be ffom a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used; however, the buffers adjacent to preexisting buildings on the subject property need only be increased to the extent that the land is available for the increase; or The subject property has been abandoned for 90 or more consecutive days or the use conducted on the subject property has ceased for 180 or more consecutive days. 22 (Ord. No. 90-43, §2(165.35(6)), 2-27-90; Ord. No. 91-113, §4(165.35(6», 12-3-91; Ord. No. 92 135, § 3(165.35(6», -4 21 92; Ord. No. 92 1-4-4, § 3(165.35(6»,6 16 92) Cross reference(s)--Landscaping, § 22-1561 e1 seq. Sec. 22-337. Same--Any other nonconformance. If any nonconformance exists on the subject property, other than as specifically listed in sections 22-333 through 22-336 with the exception of Article XIX Community Design Guidelines, these must be brought into conformance if: f47 t2t (3) The applicant is making any alteration or changes or doing any 'Nork, other than normal maintenance or other than tenant impro'v'ements, in any consecutive 12- month period to an improvement that is nonconfQrming or houses, supports or is supported by the nonconformance and the fair market value of the alteration, change or other work exceeds 50 percent of the assessed or appraised value of that impr'Ovement. The applicant may provide an appraisal of the improvement which has been damaged. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal ffom a source acceptable to the city if the assessed 'v'aluation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used; The use on the subject property is changed and this chapter establishes more stringent or different standards or requirements for the nonconforming aspect of the new use than this chapter establishes for the former use; or The subject property has been abandoned for 90 or more consecutive days or the use conducted on the subject property has ceased for 180 or more consecutive days. (Ord. No. 90-43, § 2(165.35),2-27-90; Ord. No. 91-113, § 4(165.35), 12-3-91; Ord. No. 92-135, § 3(165.35),4-21-92; Ord. No. 92-144, § 3(165.35),6-16-92) Sec. 22-338. Additional provision if a quasi-judicial decision is required. In addition to any other provisions of this article, if a de'.¡elopment activity or use on the Sttbject property is being decided upon using either process I, II or III, the city shall, in such process, consider the degree of nonconformance and its relationship to the proposed use or development acti'v'ity, and the city may require that the applicant correct any nonconformance that exists on the subject pmperty. (Ord. No. 90-43, § 2(165.40),2-27-90; Ord. No. 91-113, § 4(165.40), 12-3 ~1; Ord. No. 92 135, § 3(165.40), -4 21 92; Ord. No. 92 144, § 3(165.40),6 16-92) Sec. 22-339. Special provisions for residential uses. 23 If the subject property contains a residential use that became nonconforming as to use or density as a result of the adoption of this chapter, that nonconforming use or density is exempt from the provisions of sections 22-327 through 22-338 and, instead, the following regulations apply: (1 ) (2) (3) If the improvements on the subject property are damaged or destroyed by any sudden cause, the structure may be rebuilt; provided that the number of dwelling units and the gross floor area in and on the subject property may not be increased from that which existed immediately prior to the damage or destruction and any other nonconformity of or on the subject property may not in any way be increased. The provisions of this subsection (1) are only available if the applicant applies for a building permit within 12 months after the sudden damage or destruction and construction is commenced and completed under that building permit. Other than as specified in subsection (1) of this section, the nonconforming use or density must be corrected if the applicant is making changes, alterations or doing other work, other than normal maintenance, in any 12-month period to any structure on the subject property and fair market value of these changes, alterations or other work exceeds 50 percent of the assessed or appraised value of that structure. The applicant may provide an appraisal of the improvement which has been damaged. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. The entire subject property has been abandoned for 90 or more consecutive days or all use conducted on the subject property has ceased for 180 or more consecutive days. (Ord. No. 90-43, § 2(165.45),2-27-90; Ord. No. 91-113, § 4(165.45),12-3-91; Ord. No. 92-135, § 3(165.45),4-21-92; Ord. No. 92-144, § 3(165.45),6-16-92) Cross reference(s)--District regulations, § 22-571 et seq. Sec. 22-339.1. Nonconforming accessory dwelling units. (a) Eligibility. Any nonconforming accessory dwelling unit ("ADU") located within the city limits on the date of adoption of this Code, February 28, 1990, or located in areas annexed to the city thereafter, which does not conform to Sections 22-613, 22-648, 22-965 or any other provisions of this Code, is eligible for designation as a legal nonconforming ADU provided it meets the following requirements: (1 ) The ADU was covered by a permit on the date of adoption of this Code, if one was required under applicable law; or 24 (2) If no permit was required under applicable law, the ADU was in compliance with applicable law on the date of adoption of this Code. (b) Allowed. All legal nonconforming ADUs are allowed subject to the provisions related to loss of nonconforming status and other limitations set forth in this chapter. (c) Loss of legal nonconforming ADU status. All nonconforming ADUs shall be immediately removed or modified to conform to all of the provisions of this Code and a permit secured therefor, and shall lose their legal nonconforming designation when one or more of the following events occur: (1 ) (2) (3) (4) Increase in square footage. The applicant is increasing the gross floor area of any ADU; Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12-month period to any ADU and the fair market value of such changes, alterations or other work exceeds 50 percent of the assessed value of that ADU as determined by the King County Assessor; Abandonment or cessation of occupancy. The subject property containing the ADU is abandoned for 90 or more consecutive days or the ADU is not occupied for 180 consecutive days; or Change in use. There has been a change in use on the subject property as that term is defined by Section 22-1 of this Code. (Ord. No. 95-245, § 3(E), 12-5-95) Editor's note-Provisions enacted by § 3(E) of Ord. No. 95-245, adopted Dec. 5, 1995, as § 22-339, have been included herein at the discretion of the editor as § 22-339.1. Sec. 22-340. Special provisions for compliance with government regulations. The provisions of this section will be followed regardless of any conflicting regulations of this article. Any regulations of this article which do not conflict with the provisions of this section are unaffected by this section. (1 ) Oil tanks. Any excavation, development activity or construction performed to comply with the "Underground Storage Tanks; Technical Requirements and State Program Approval; Final Rules" (40 CFR "280 and 281), as now existing or as hereafter amended or with the provisions of RCW ch. 90.76, or any regulations adopted thereunder, may not be used as the basis, or part of the basis, for requiring that nonconformance on the subject property be corrected. 25 (2) Other government regulations. Other than as specified in subsection (1) of this section, the city may, using process tt IV, exempt a property or use from any of the requirements of this article if: a. The actions or events which form the basis of requiring that nonconformance on the subject property be corrected are necessitated solely to comply with local, state or federal regulation; b. The actions necessitated to comply with those regulations will not significantly extend the expected useful life of the nonconforming aspect; and c. The public benefit of complying with the local, state or federal regulation clearly outweighs the public benefit in correcting the nonconformance. (Ord. No. 90-43, § 2(165.50),2-27-90; Ord. No. 91-113, § 4(165.50),12-3-91; Ord. No. 92-135, § 3(165.50), 4-21-92; Ord. No. 92-144, § 3(165.50),6-16-92) Sec. 22-341. Prohibition on increasing nonconformance. No nonconformance may, in any way, be enlarged, expanded, increased, intensified, compounded or in any other way made greater, except as specifically permitted in this article. (Ord. No. 90-43, § 2(165.55),2-27-90; Ord. No. 91-113, § 4(165.55), 12-3-91; Ord. No. 92-135, § 3(165.55),4-21-92; Ord. No. 92-144, § 3(165.55),6-16-92) Sec. 22-342. Applicability of uniform codes. Nothing in this article in any way supersedes or relieves the applicant from compliance with the requirements of the city's building codes and other construction-related codes as adopted and amended from time to time by the city. (Ord. No. 90-43, § 2(165.60),2-27-90; Ord. No. 91-113, § 4(165.60),12-3-91; Ord. No. 92-135, § 3(165.60), 4-2~-92; Ord. No. 92-144, § 3(165.60), 6-16-92) Cross reference(s)--Buildings and building regulations, ch. 5. Sec. 22-343. Special provision for damaged improvements. If a nonconforming improvement is damaged by sudden accidental cause, that improvement may be reconstructed only if it meets the following requirements and not otherwise: (1 ) The cost of reconstructing the damaged improvement does not exceed 75 percent of the assessed or appraised value of that improvement prior to the damage. The applicant may provide an appraisal of the improvement which has been damaged. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal form a source 26 acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. . (2) The improvement, as reconstructed, is not any more nonconforming than it was immediately prior to the damage. (3) The applicant applies for a building permit to reconstruct the damaged improvement within six months of the date of the damage and reconstructs the improvement pursuant to that building permit. (Ord. No. 90-43, § 2(165.30),2-27-90; Ord. No. 91-113, § 4(165.30),12-3-91; Ord. No. 92-135, § 3(165.30),4-21-92; Ord. No. 92-144, § 3(165.30),6-16-92) 27 ATTACHMENT C OTHER FEDERAL WAY CITY CODE SECTIONS 28 Sec. 16-46. Underground requirements--New facilities. (a) All major additions of new facilities (three or more spans ánd/or 500 feet or more) shall be underground. (b) Minor additions of new facilities may be constructed aerially where existing facilities are aerial. (c) A permit from the city public works department shall be required. (Ord. No. 91-90, § 3(A), 3-19-91) Sec. 16-47. Same--Rebuilds, replacements and additions. (a) A relocation necessitated by a public works project including, but not limited to, road realignment, widening or sewer and water main projects; a major rebuild; or replacement of existing aerial facilities (three or more spans and/or 500 feet or more) shall be underground and a permit from the city public work~ department shall be required; except: undergrounding shall not be required in those cases where the public works director finds that undergrounding will not be in the best interest of the public. (b) A minor rebuild, replacement or relocation of existing aerial facilities may be constructed aerially. No permit shall be required. (c) When there is casualty damage to an overhead service system or other major service outage, the facilities may be restored aerially. No permit shall be required. (d) An addition of three phase conductors or reconductoring which does not constitute a major rebuilding will be allowed on existing aerial facilities. No permit shall be required. (e) The provisions of this section shall not apply to areas when constructing single family homes in areas zoned for single-family residences, or in other zones if 75 percent of the affected parcels within the perimeters of the specific project is made up of single-family residences. (Ord. No. 91-90, § 3(8),3-19-91) Sec. 16-48. Same--Service connections. Service connections are facilities extending from a distribution system and terminating on private property to serve a customer or subscriber. Service connections shall be underground, unless the distribution system serving the customer or subscriber is aerial, and the building, structure or facility to be served is new construction or an addition, alteration, or repair thereto is under $20,000.00 in value. 29 Sec. 22-1113. Commercial and industrial uses. (a) Generally. Subject to the requirements of subsections (b) through (g) of this section, the uses and activities that are permitted on a site under this chapter may be conducted out of doors unless otherwise regulated or prohibited by this chapter. (b) Site plan. The applicant shall submit, for approval to the department of community development, a site plan drawn to scale showing and describing the following items: (1 ) (2) (3) (4) (5) (6) Locations and dimensions of all structures and fences on the subject property. Locations and dimensions of all parking and driving areas on the subject property. Locations and dimensions of all existing and proposed outdoor use, activity or storage areas on the subject property. Locations and description of all existing landscaping and buffer on the subject property. The nature of the outdoor use, activity or storage. The intended duration of the outdoor use, activity or storage. (c) Specific use and development requirements. The city will administratively review and either approve or deny any application for outdoor use, activity and storage based on the following standards: (1 ) (2) (3) (4) (5) All outdoor use, activity and storage areas must comply with required buffers for the primary use. A minimum six-foot-high solid screening fence or other appropriate screening approved by the director of community development is required around the outside edges of the area devoted to the outdoor use, activity or storage. Outdoor use, activity or storage areas located adjoining residential zones or permitted residential uses may not be located in the required yards adjoining the residential use or zone. If the outdoor storage area is surrounded on all sides by industrial zones, then the height of the outdoor storage shall not exceed the height of the primary structure on the subject property. In all other cases, the height of items stored outdoors shall not exceed six feet above finished grade. The outdoor use, activity or storage area may not inhibit safe vehicular and pedestrian movement to, from and on the subject property. 30 (d) Exceptions to outdoor use, activity or storage. The following outdoor uses and activities, when located in commercial and industrial zones, are exempt from the requirement of subsections (b) and (c) of this section, provided that the use, activity or storage shall not inhibit safe vehicular and pedestrian movement to, from and on the subject property: (1 ) (2) (3) (4) (5) Outdoor Christmas tree lots if these uses will not operate more than 30 days in any year. Outdoor amusement rides, carnivals and circuses and parking lot sales which are accessory to the indoor sale of the same goods and services if these uses will not operate more than seven days in any six-month period. Outdoor dining and refreshment areas, including espresso carts. Outdoor display of vehicles for sale or lease; provided that the display area complies with the parking area screening from rights-of-way requirements in section 22- 1567(e). Year round outdoor sales and storage of lawn and garden stock, which are accessory to the indoor sale of the sale goods and services, provided that the use does not include outdoor play equipment, storage sheds, furniture or mechanical equipment. (e) Gross floor area. For the purpose of this chapter, an outdoor use, activity or storage area will be used in calculating the gross floor area of a use or development if this area will be used for outdoor use, activity or storage for at least two consecutive months out of every year. (f) Improvements. If the outdoor use, activity or storage is located on an unimproved area of the site, the underlying ground must be improved as required by the departments of public works and community development. (g) Modification. The applicant may request a modification of the requirements of subsection (c) of this section. This request will be reviewed and decided upon under process II. The city may approve the modification if: (1 ) (2) (3) The modification will not create a greater impact on any nearby residential use than would be created without the modification. The modification will not detract from the character of any use. The modification will not be injurious to public health, safety or welfare. (Ord. No. 90-43, § 2(115.105(3)), 2-27-90; Ord. No. 96-270, § 3(C), 7-2-96) 31 Sec. 22-1402. Buffer requirements. The buffer requirements of section 22-1446 may be modified if: (1 ) The existing topography of or adjacent to the subject property decreases or eliminates the need fûr visual screening; (2) The modification will be of more benefit to the adjoining property by causing less impairment of view or sunlight; or (3) The modification will provide a visual screen that is comparable or superior to the buff-er required by section 22-1446. 32 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 provision of this article if the proposed improvements in ar1Y 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. (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. (Ord. No. 90-43, § 2(110.20),2-27-90) Cross reference(s)-5treets, sidewalks and other public places, ch. 13; rights-of-way, § 13- 26 et seq.; subdivision required improvements, § 20-176 et seq.; drainage program, § 21-26 et seq. 33 Land Use & Transportation Committee ~ Ken Miller, Street Systems Manager Stephen Oifton, Development Svcs Manager Nonconformance Code Revision August 28, 1997 To: From: Subject: Date: MEMORAHOUM ---------------------------------------------------------------------------------------------- Development & Threshold Vacant site; New development. Abandoned site (90 days); When the site improvements are greater than 25% of the assessed value of the structure. New development on discrete portion of a developed site (i.e., a "Trader Joe's" at SeaTac Mall, Taco Bell, or school portables); when the site improvements are greater than 25% of the assessed value of the structure. Expansion of existing building (e.g., building footprint) that requires site; plan approval; When the site improvements are greater than 25% of the assessed :value of the structure. FRAMEWORK OF COMPLIANCE Proposed Compliance Full compliance with all applicable codes. Compliance with applicable codes to the extent physically or technically practicable. Compliance with code provisions applicable to that portion of the site on which the development is proposed. .-.. Compliance with code provisions applicable to the entire building being expanded or remodeled. In the event a single building is to be converted into multi- tenant status, or in the event a portion of an existing, multi-tenant building is to be expanded, the expansion shall meet all provisions applicable to the entire portion of the building to be occupied by the applicant proposing the expansion. Current Code Requirement Entire site - 100% compliance. Right of way improvements, e.g., curbs, sidewalk, landscape strip, street trees, roadway, streetlights, drainage, underground utilities. Entire site - 100% compliance. Right of way improvements, e.g., curbs, sidewalk, landscape strip, street trees, roadway, streetlights, drainage, underground utilities. Improvement to adjacent right of way e.g., curbs, sidewalk, landscape strip, street trees, roadway, streetlights, drainage, and underground utilities where improvements are not existing and/or not to code. Improvements to adjacent right of way e.g. curb, sidewalk, landscape strip, street trees, street lights, drainage, underground utilities. ~mprovements to South 320th Street adjacent to the K-Mart to Safeway site were existing at time of permit issuance, therefore no improvements to the right of way were required. Improvements on Pacific Highway South adjacent to Key Bank were not existing, therefore road widening, sidewalks, street trees, and landscape strip were required). land Use & Transportation Committee Page 2 August 28, 1997 Single tenant site; change of use; when the site improvements are greater than 25% of the assessed value of the structure. Compliance with applicable codes to the extent physically or technically practicable. Single and multi-tenant sites; tenant replacement. For interior tenant improvements only. Improvement to adjacent right of way e.g. curb, sidewalk, landscape strip, street trees, street lights, drainage, and underground utilities where improvements do not exist already. No street requirements. FWCC22-1473 When Public Improvements must be Installed - This section of the code, although not a part of the non-conformance section, also applies to redevelopment of property. Specifically, an applicant is required to provide the improvements required by Article XVI if: 1. Proposed improvements in any 12-month period exceed 25 percent of the assessed or appraised value of all structures on the subject property, whichever is greater. Public improvements were not installed within the past four years, as part of any subdivision or discretionary land use approval under this or any prior zoning code. 2. Sections within Article XVI reference dedication of right of way and authority to require dedication, development standards of Sections 22-1524 and 22-1525, additional dimensions and improvements, easements, right of way improvements (Le. medians, bicycle facilities, landscaping, sidewalks, utilities, street lighting and other necessary improvements), partial right of way improvements, easements, and driveways. Section 22-1477 provides for granting of modifications, deferments, and waivers related to these requirements. pw k:\lutc\nonconf.mem 8f26/97 t' CITY OF .. - . EJ:]~ ~~~ DATE: August 27, 1997 TO: Phil Watkins, Chair Land U seITransportation Committee Jeff Pratt, Surface Water Man~ Nonconfonning Code Revisions - Water Quality FROM: SUBJECT: BACKGROUND: During its July 21, 1997 meeting, the Committee considered the issue of water quality nonconfonnance. Some of the salient points of that night's discussion include: the fact that, under current code guidelines, sites not in compliance with State water quality standards are required to install appropriate water quality facilities immediately; the fact that, under current code guidelines, no water quality thresholds or triggers exist and that therefore all sites regardless of size, use, or redevelopment activity should be brought into immediate compliance; the fact that currently City staff are not applying the code as written but rather have established an informal threshold (Le., redevelopment) that must be crossed before the water quality retrofit of an existing site is required. . That night's discussion of the issue touched on several related matters that evening. The Committee was not comfortable with the State Department of Ecology's definition of redevelopment. The Committee felt that immediate compliance was untenable and that a "phased" approach to water quality compliance seemed more reasonable. The committee accepted the State's minimum threshold, Le., 5000 square feet, as a working minimum. And the Committee preferred to see the option of "underground" water quality facilities offered to developers of commercial sites within the City. ..- . - ----- Subsequent to the July 21st meeting, staff revisited the appropriate areas of the upcoming proposed code revisions - those revisions required to meet State stonnwater program standards - and revised those areas according to the Committee's direction. The first area visited was the definition of "Redevelopment". Currently the State's proposed definition reads as follows: '":.. on an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, and/or replocement of impervious surface that is oot part of routine maintenance activity, and land disturbing activities G.5sociated with structural or impervious redevelopment... ': Following the Committee's direction staff now proposes that definition of redevelopment, with respect to surface and storm water, be revised to include thresholds and read as follows: "... On an already developed site: . The creation or addition of impervious surfaces having an area of 5,000 square feet or more Structural development including construction, installation, or expansion of a building or other structure having a surface area of 5,000 square feet or more Repair or replacement of an impervious surface that is not part of a routine maintenance activity involving an area of 5,000 square feet or more Collection and concentration of surface and stormwater runoff from a drainage area of 5,000 square feet or greater Projects which contain or abut a floodplain, stream, lake, wetland, or closed depression, or a sensitive area as defined by ordinance or determined by the public works director Projects which involve a change in use which has a potential to release new pollutants to the City's surface water systems Projects which propose an estimated $100,000 or more of improvements to an existing ¡'high use"} site Projects which propose an estimated $500,000 or more of improvements and include the removal and replacement of any existing impervious surface with 5,000 square feet or more of pollution generating impervious surface Any project which discharges to a receiveing water that has a documented water quality problem.. " . . . . . . . . The proposed definition provides both the thresholds and clarification requested by council and is to be inserted into the upcoming model surface and stormwater management ordinance for committee consideration later this year. . The second area of the proposed code revisions to be revisited and modified as a result of the July 21st Committee discussion deals with compliance schedule, i.e., immediate còmpliance versus phased compliance. The Committee's direction suggested that any redevelopment proposal involving a site that was one acre or greater in size be offered the option of phased water quality compliance due to the significant expense involved in the water quality retrofit of larger sites. To accomplish this directive staffrecommends that the proposed code changes include a section which reads as follows: ... l' "...for redevelopment projects which are part of a site that is an acre or more in size, a stormwater management plan which includes a five year implementation schedule meeting the minimum requirements to the maximum extent possible and approved by the Director of Public Works may be prepared añd submitted as an option to immediate water qu'ality compliance... ,,'- .. ---~ Finally, under provisions of the City's current code, the preferred method for treating stormwater is in above ground facilities. Members of the Committee as well as many residents, business owners, i"High use" site means anyone of the following: a commercial or industrial site subject to an ADT of 100 vehiclesll,ooo sq ft gross floor site subject to petroleum storage or transfer in excess of 1,500 gal/year site subject to use, storage, or maintenance of a fleet of 25 or more 10 tG VW diesel vehicles a road intersection with an ADT of 25,000 or more vehicles on major roadway or 15,000 or more vehicles on an intersecting roadway , ,,' ','. and land developers have questioned the wisdom of tlùs approach on commercial properties. In addition to their unsightly appearance, above ground water quality facilities occupy valuable commercial real estate which can be used in other ways. The Committee directed staff to include appropriate language within the proposed ordinance to offer commercial properties the option of placing the required water quality facilities below ground. In response to tlùs directive staff suggests that language indicating that "...underground water quality facilities are an acceptable option on commercially wned properties-.. " at appropriate points in the proposed code modifications. Exactly wlùch locations might be included are not yet known. RECOMMENDA TIONS: Staff seeks the Committee's concurrence on its previous guidance and recommends that the above modifications be included in the proposed code revision package which is to be considered by the Committee and Council ~th1S ye~i Çe~~~ ,~-nL t,\fTC- K:\LUfC\ WQNCNFRM.LU2 .- ,"-00"- II ')" " ~ Corporate Office P.O. Box 45550 Seattle, WA 98145-0550 (206) 632.2129 . Fax 547.5910 ". - August 18, 1997 Land Use and Transportation Committee Members City of Federal Way 33530 First Way South Federal Way, W A 98003 RE: 32727 Pacific Highway South! Fonner Dunn Lumber Dear Councilmembers: I am writing to express my concem regarding the general site and building improvements required by the City of Federal Way related to retenanting properties located within the City. For over two years, we have actively sought a tenant to replace Dunn Lumber. During that period of time, the property has had substantial interest from a wide of potential users. Unfortunately, we have not been able to complete a transaction. We believe that a great deal of the responsibility for our inability to successfully consummate any transaction on this property has been related to the improvement requirements of the City when properties are proposed for partial redevelopment. Attached is a synopsis of the estimated costs associated with the site improvements that would be required by the City of Federal Way as taken from a feasibility report prepared by one potential tenant and a recent preapplication meeting (Aprill997) for another potential user. I understand that some of these codes are now being addressed by the City Council and possibly will be revised to allow owners to either sell or lease their facilities without expending large sums of money on both site and building improvements. I applaud the City's efforts to reduce the economic burden associated with "nonconfonning" properties and believe that changes in existing codes are needed to allow properties such as Dunn Lumber to change use and reopen as viable business operations. Federal Way is obviously in a transition stage and the next wave of users that will occupy a great deal of the now vacant commercial properties in Federal Way are interim uses. In time, these too will be displaced by higher and better uses that will inevitably be more appropriately suited to absorb the substantial costs associated with the site and building upgrades currently required by the City of Federal Way Sincerely, ~~]. Enclosure cc: Nick Cassino, Trammell Crow Company Keith Dearborn, Bogle & Gates P.LLC. ;' ~ " REDEVELOPMENT IMPROVEMENT COSTS DUNN LUMBER SITE Site: Building Area: 3.5 acres 20,000 square feet Assessed Value (I996): Land: $922,000 Bldg: $464.000 $1,386,000 Street Improvements: $219,000 Water Quality: $100,000 Landscaping: $140.000 Total: $459,000 SEP 03 '97 16:49 Q.c. I. , INc. 398 P02 GATEWAY CENTER September 3, 1997 Phil Watkins Chairman Land Use/Transportation Committee City of Federal Way 33530 1st Way South ff>.rtf>.rñ.1 Wrsy, WI'IFihinfJtnn QROO,-fi771 Ron Gintz Member Land Use/Transportation Committee City of Federal Way 33530 1st Way South Federal Way, Washington 98003-6221 Mary Gates Member Land Use/Transportation Committee City of Federal Way 33530 1st Way South Federal Way, Washington 98003-6221 Re: Non-Conforming Code Revisions-Water Quðlity Dear Phil, Ron and Mary, Following up on meetings among several City Center commercial property owners I wanted to offer the following input from our prospective. First of all, the water quality needs to be addressed from a proportional approach similar to all other non-conforming impacts. In fact, the technical ability to phase in an entire system, albeit over a number of years as proposed by staff, does not really help much. It just is the time value money deferred on the average two and a half years for a five year period and still can present daunting or impossibly high hurdles for the expansion or addition of square footage if in excess of the 5,000 square foot threshold proposed. Just as a water quality system can be phased so to should a water quality system be amenable to proportional improvements linked to each incremental expansion. Otherwise, a 6,000 square foot expansion or new pad building within the confines of a mall for example triggers upgrade of the entire ~all storm drainage water quality facilities which, in turn, precludes modest expansions for such larger commercial developments. In the strongest terms possible we also want to express dismay the staff is proposing the allowance tor underground water quality systems beyond the City Center. At Gateway Center we have spent months working with staff to progress from bioswale to an underground system for Gateway Center under an established city wide master plan which specificall¥ allows for the underground system use for the City Center. Th~s is one of the few areas of flexibility that is available Gateway Center, Inc. 1 ~K,1I1\1I1' (;.ltt'w.,y C{'nt('r ßouk'vard South i\nd South 320th, Fcd~ré\1 Way, ~~~~~ngt\.,)11 M.lilil1~' HOO F.ls! Dm,ond lioulcvard. Suite 3-505, Amhor"g<"^\rk~')o(,') ~R2.Y(~ AI1.-hllr,'gl' (\107) }4\).h4/H. ...,x ('X17) :W~-~Ot\7 . ${'attl~. (206) 292-2211. ,', ~ . SEP 03 '97 16:50 Q.c. I.. INc. 398 P03 Land Use Committee letter September 3, 1997 page 2 for City Center development and most appropriately affects the ability to secure the densities of development desirable in the City Center. The availability of underground water quality remediation city wide for all commercial properties takes away one of the few offsetting advantage for developing the City Center relative to the substantial disadvantages already faced in the zone. It seems for at least five to ten years, minimally, this change in policy allowing underground quality water 6ystems should be limited to City Center projects. It also is important to note that in less dense developments outside the City Center land areas are supposed to be available for bioswale facilities. The bioswale as the water quality treatment method is not "unsightly" as the memo purports and can be landscaped. It is a matter simply of ground area and everyone recognizes it is the most effective water quality treatment approach. It is important the council keep in mind that it is different from detention. The large detention ponds you see are a different function which is to collect dollops of water and meter it out into the storm drain system. That function might be accomplished with underground vaults and should have a different role than the bioswale surface water treatment for commercial developments outside the City Center. As a comment and/or suggestion regarding staff's proposed alternative definition of the triggering thresholds, it would appear nine points in aggregate are now substantial in length and depth and may be consolidated and into a more concise paragraph. There are also some questions. For example, the ninth item would appear to be all inclusive and the definition of "documented water quality problems" could well involve all storm drainage systems in the city at present relative to the long term targets for storm drain water quality run- off. Most of the storm drainage now has a substantial volume of non- treated run-off, including the run-off from the city street system. Thank you for your consideration in this matter. Sincerely, .£k.-n<.-<-Å- r1 ~~'7 ~ Daniel A. Casey President fedway28 interoffice MEMORANDUM to: Phil Watkins, Chair Land Use and Transportation Committee Rick Perez, Traffic Engineer if City Center Street Lighting Design September 10, 1997 from: subject: date: Backeround The Downtown Image/Revitalization Committee has recommended funding for improvements along the South 320th Street corridor between 1-5 and lith Place South, however no recommendations were made regarding the type of luminaire fixtures and poles to be used. In the meantime, Public Works staff has been receiving requests from design consultants of the Celebration Park and other private development projects in the City Center for direction on street light standards to be used in their frontages. In an effort to be responsive to the design of Celebration Park, the development community, as well as developing a consistent theme in the downtown core and frame, staff is seeking direction on the preferred lighting standard. Action Staff has contacted various street light vendors to explore alternative decorative light fixture/pole styles that, while aesthetically pleasing, also meet minimum street illumination requirements at comparable costs to regular luminaires and the street lighting budget included in the Downtown ImagelRevitalization Committee recommendation. The following table summarizes staff findings on luminaires meeting these requirements: Monthly Number of Unit Operating Total Total Annual Vendor Luminaires Wattage Cost Cost Per Hardware Operating Required! ($) Unit ($) Cost ($) Costs ($) Hadco 84 250 1500 14.54 126000 14700 Holophane 66 400 1600 19.18 105600 15200 ZED 115 250 1200 14.54 138000 20100 High/Low Mount 60 400/250 2400 16.86 144000 12200 For S. 320th Street between lIth Place Sand 1-5. Land Use and Transportation Committee Page 2 September 10, 1997 It should be noted that the above costs are preliminary estimates and that design, installation, pole foundation, wiring, and maintenance costs are not included and may be assumed equal for comparison purposes. Various styles are available from each of the above vendors as indicated in their catalogs. PW staff will be present at the September 15th Land Use/Transportation Committee meeting to provide the committee with a presentation on the various lighting alternatives. Recommendations Based on the staff presentation of the various lighting alternatives and resulting questions raised by the Land Use/Transportation Committee, staff will be requesting direction on the type of fixture/pole to be used in the City Center and the Celebration Park roadway system/parking lot. Staff is also requesting the Committee forward recommendations to the next evening's September 16, 1997 City Council meeting. HE:jg k:\1utc\sdightmem Mcc1ing Date: 9/lS/97 ." MEMO FROM: Land Use and Transportation Committee Kathy McClung, Deputy Director CDS ~ TO: DATE: August 28th, 1997 RE: Subdivision Signs ----------------------------------------------------------------- In wrapping up the notification of all property owners about non- conforming signs, it has come to my attention that we have 57 subdivision signs that are out of compliance with the Code. About two thirds of the subdivisions do not have homeowner's associations. Eight of the signs are in public right of way. The other reasons for non-conformance are as follows: * 13 exceed the maximum number allowed per subdivision * 11 exceed the height restriction * 9 exceed the width allowed * 21 do not have a required base 17 of these signs would qualify for substantial compliance under the provisions of the existing code. " We have two main issues with these signs and are looking for some Council direction. 1. Where there is no Homeowner's Association, we have a notification problem. We could notify every property owner in the subdivision but it could result in no one being ultimately responsible, will create confusion with citizens that won't understand why they are being contacted, and has the potential to make a number of citizens angry for something they feel they are not responsible for. We have held back most of the notices to the Homeowner's Associations because we think all subdivision signs should get the same treatment. I 2. Subdivision signs are commonly placed in public right of way. At the time the subdivision is developed, the property belongs to the developer and is later dedicated to the City. To require that established signs be replaced on private property will be expensive for homeowners and may not be possible if the adjacent property owner is not willing or the topography does not allow it. I have discussed this issue with the Public Works Director and the Street Systems Manager. Their opinion is that these existing signs are not a problem for the city. Some options to consider are: A. The code allows an exception to bringing signs into compliance if they substantially comply with the code. However, it requires that the applicant apply for this exception. Since 17 signs would qualify for this exemption we could grant the exception without an application. B. We could broaden the language in the exceptions to include more or all of the subdivision signs. c. Cary Roe suggested that we provide an administrative variance for subdivision signs in public right of way. Generally, the city would not encourage subdivision signs in what will be public right of way but sometimes there is no good alternative. This could address future and existing signs. At the meeting we will provide pictures so that you can see the signs we are discussing. We are asking for direction on this matter as we are concluding our notification program. Any code language could be tacked on to the existing non-conforming amendments, the up-coming subdivision code amendments, or delayed to the 1998 work program. .".,.v"<,~,,.,.~~ CITY OF - . - ~...., ~ r7' L:YI -~~ RY-="~'- DATE: August 26, 1997 TO: Phil Watkins, Chair Land Use/Transportation Committee Jeff Pratt, Surface Water Manager ~ FROM: SUBJECT: S336th/Kittts Regional Storage Facility Repair - Bid Award BACKGROUND: During the Winter storms of '96/'97 a slope failure (mud slide) occurred along a portion of slope within the primary detention cell at the S336th/Kitts Comer regional storm water storage facility. The referenced project proposes repair of the failed slope. The design of the proposed repair was submitted by CH2M Hill, Inc. the City's design consultant on the original project with an estimated cost of $52,810.01. The Surface Water Management Division invited five of its small works roster contractors to bid on the above repair project. On August 26, 1997, the City received two bids. The low-bid contractor for this project is Muck Creek Construction, with a total bid amount of $40,551.24. This bid amount is 23 % lower than the engineer's estimated construction cost for this project (see attached bid tabulation). Based on the reference checks completed by City staff, there is no known reason why this low bidder should not be able to successfully complete this project to the City's satisfaction. Due to the declaration of this storm event as a Major Disaster, the City will recover portion of the repair costs, approximately $28,000.00, from the State and the Federal Emergency Management Administration. The balance of the cost will be paid from the Surface Water Minor Capital Improvement Fund. RECOMMEND A TI 0 N : Staff recommends the award of this project to the lowest responsive, responsible bidder, Muck Creek Construction Inc., in the amount of $40,551.24 and that a 10% construction contingency totaling $4,055.00 be established for this project. In addition, staff recommends that this matter be placed on the September 16, 1997 City Council meeting consent agenda for their consideration. K:\LUTC\KITfSREP.LUT Bid Tabulation South 336th Regional Storage Facility Repair of primary Detention Cell BID OPENING AUGUST 26, 997 Bid 1 Bid 2 Bid 3 II:!Id4 BidS Vendor Name -> Muck Creek Construction Lloyed Enterprises, Inc ENGINEER'S ESTIMATE Location -> Eatonville WA Federal Way WA Item Amount Price Total Price Total Price Total Price Total Price Total Price Total 1 Mobilization 1 5,150.00 5,150.00 3,000.00 3,000.00 0.00 0.00 0.00 0.00 0.00 0.00 6,343.00 6,343.00 2 Excavation Including Haul 1 6,000.00 6,000.00 19,500.00 19,500.00 0.00 0.00 0.00 0.00 0.00 0.00 10,400.00 10,400.00 3 LaN Permeability Soil 360 8.00 2,880.00 15.00 5,400.00 0.00 0.00 0.00 0.00 0.00 0.00 4.00 1,440.00 4 Gravel Backfill for Drain 470 15.00 7,050.00 15.00 7,050.00 0.00 0.00 0.00 0.00 0.00 0.00 20.00 9,400.00 5 Quarry Spa lis 360 17.00 6,120.00 20.00 7,200.00 0.00 0.00 0.00 0.00 0.00 0.00 18.00 6,480.00 6 Underdrain Pipe 6 In. Dia 650 7.50 4,875.00 10.00 6,500.00 0.00 0.00 0.00 0.00 0.00 0.00 2.50 1,625.00 7 Topsoil Type A 120 12.00 1,440.00 15.00 1,800.00 0.00 0.00 0.00 0.00 0.00 0.00 15.00 1,800.00 8 Landscaping 1 3,825.00 3,825.00 7,500.00 7,500.00 0.00 0.00 0.00 0.00 0.00 0.00 11,140.00 11,140.00 SUBTOTAL 0.00 n.n~ 0;00 48 1>78.00 Sales Tax 1ft¡ 8.6% 1 3211.24 4983.70 0.00 0.00 0.00 4182.01 TOTAL 40.:>:>1.24 62.933.70 0.00 ~ 0.00 52810.01 ¡:\jd-Sìnnature es es Bid Bond Yes Yes Addendums NA NA NA NA NA .~ M~O TO: Land Use and Transportation Committee Kathy McClung, Deputy CDS Director'~ FROM: DATE: September 10, 1997 RE: Sign Enforcement Update I am pleased to announce that the sign notification program has been completed! This program has been a on-going project since 1995 when the City Council adopted new sign regulations and gave the city staff direction about conducting an inventory of all signs within the city and informing property and business owners about their sign status. In 1995, shortly after the new code language was adopted, we hired four interns (including Betty Cruz) to inventory all the signs within the city. That summer they measured height and size, photographed, logged, registered, labeled and computerized 2730 signs. since that summer, the staff has notified 1566 businesses about their signs. Of those businesses, 473 received notices of conformance and 781 had at least one non-conforming sign. Three hundred and twelve files have been closed due to consolidation or the businesses no longer exist. Over 1000 Notice to Correct Violations have been issued which has resulted in over 2000 illegal signs being removed around the city. In addition, approximately 2000 signs have been removed from the public of way by Community Development staff. The city has issued civil citations with 23 of those being appealed. The City prevailed in all appeals. right 250 has All of this has been accomplished with a very big team effort. We needed the help of 11 college interns, support staff who assisted with mailing and data entry, and building and electrical inspectors that picked up signs in public right of way when we didn't have interns on staff. Legal Staff were available for guidance and legal advice. Planning staff assisted with the average 35 sign and counter calls per day (during the peak). Management Service staff assisted with providing the equipment we needed and collected monetary penalties. The former Building Official, Dick Mumma, designed the data system and helped the staff with numerous problems. Martin Nordby has handled most of the sign appeals and answered a number of the phone inquiries during the peak times. But through it all, it has been Betty Cruz who has trained the staff, hired the interns, worked with the Chamber of Commerce and numerous business people, she has had to be persistent and patient and has learned how to lead a team to accomplish the goal. I would like to publicly commend her for her valuable efforts. The results are a much cleaner looking city. The word is out. Our sign permits are way up and we are finding fewer and fewer contractors putting signs up without permits. We would like to take this opportunity to thank the Council for backing the staff and the Code. without that support we would not able to accomplish what we have so far. c. Council members: Skip Priest Hope Elder Jack Dovey Mike Park Ken Nyberg, City Manager Betty Cruz, Code Compliance Officer Martin Nordby, Code Compliance Officer Jim Chandler, Interim Building Official N T E R MEMO 0 F F I c E To: Land Use/Transportation Committee Phil Watkins, Chair Mary Gates and Ron Gintz, Members Greg Moore -.1Â1M Director of Co~:Jt~ Development Services Request for Code Amendment on Church Signs September 4, 1997 From: Subject: Date: Attached you will find a letter tfom Pastor Joe Rinehart of Cascade Christian Church requesting a Code amendment to allow portable signs for churches in leased facilities. The Land UselTransportation Committee is requested to give direction as to whether or not to add this to the Code amendment list and, if so, to assign its priority. Attached, also please find the status chart on Code amendments. . ." ". PROPOSAL TO REVISE THE SIGN CODE City of Federal Way, Washington September 2, 1997 Rationale: A number of churches in Federal Way currently meet in leased facilities and require the use of portable signs to direct people to their meeting sites. The lack of permanent facilities makes the necessity of having directional signs essential to the survival and success of these congregations: Vineyard Fellowship of Federal Way Community Presbyterian Church Cascade Christian Church Better Life Fellowship First Evangelical Free Church Calvary Chapel of Federal Way Federal Way Free Methodist Church Numerous ethnic congregations The signs that each congregation uses and/or would use corresponds to the purpose of signage contained in Article XVII, Section 22-1596, and the physical requirements of the current regulations. In addition these signs are the only reasonable and visible means by which to direct people to the meeting sites, and thus play an essential role in survival. Proposed Amendments: The current regulations do not address signage for churches using temporary, leased facilities, though precedent exists in the sign code for changes which would address the need in a relevant matter. Under Section 22-1599, "Permits," and subsection C, "Permit Exceptions", provision has been made for real estate agents who use on and off-site portable signs to direct people to an open house or similar sales event. Under these regulations agents are allowed to use six such signs after securing a valid permit. Such precedent would apply well to churches whose services in temporary facilities would last a similar length of time to an open house event. We would propose that the following paragraphs be added to the sign code as follows: I. Under Section 22-1599, subsection C, and number (2) Exempt signs, to read as follows: (z). Church directional signs (for those using temporary, leased facilities) .._._--~ (1) Off-site. The number of off-site church directional signs shall be limited to six per church, synagogue or similar organization, provided, however that there shall be a minimum separation of 200 lineal feet between such signs. The area of such signs shall be no greater than six square feet per sign face. All off-site church signs may be placed twenty four hours prior to the service and must be removed immediately following services. (2) On-site. The number of on-site church signs shall be limited to one per church, synagogue, or similar organization per street frontage. The area of on-site signs shall be no greater than six square feet per sign face. All on-site church signs may be placed prior to the commencement of services at the temporary, leased facilities and shall be removed at the conclusion of services. Alternate reading: (z). Church directional signs (off-site, for those using temporary leased facilities) (1). Off-site. The number of church directional signs shall be limited to six per church, synagogue or similar organization, provided, however that there shall be a minimum separation of 200 lineal feet between such signs. The area of such signs shall be no greater than six square feet per sign face. All church signs must be removed each day at the conclusion of services or related events and are permitted only when the congregation is present in the leased facilities. (2) On-site. The number of on-site church signs shall be limited to one per church, synagogue or similar organization per street frontage. The area of on-site signs shall be no greater than six square feet per sign face. All on-site church signs may be placed prior to the commencement of services at the temporary, leased facilities and shall be removed at the conclusion of serVIces. II. Under Article XVII, Section 22-1597, "Definitions", as follows: (73). Church, off-site directional sign (for those using temporary leased facilities) means a portable or temporary sign announcing the meeting place of services of a church using temporary, leased facilities, and providing directions to such facilities. .- ",---------,----'----'-'-"-~' .. (74). Church, on site sign means a sign placed outside a temporary leased facility and announcing the site as open for services at that time. Respectfully Submitted, Joe Rinehart Pastor, Cascade Christian Church Federal Way, Washington 9/4/97 Projected Timelines for Code Admendments ;:~q61ï~~t :~,~:#i" " ':'S"""""..x. " , "'ìåiini'.'~"; ',> . Lmc '" : .", . ""~¡ .;, BFA' P '",,<" . :~""v-., .~ i,':,i, . . '<')' ng""', ., . ,1 ' ".~..'.. .:: ~':~fti:..:,-=-:::.~ .'.,', .. ," . "",. :..!<,/<;:;~.~:,:,;.X: ~~"" , :'.coßìiñJ~s18n\f ,,\0 ,,0,$ . :~J4q~~ XComþlët,è:',; fÄ~wtm". ' , ~ " '""h>" v:, : '" '"' " '" , 1724 N/A Complete Complete Complete Complete Downtown Parking Complete Complete N/A Complete Complete Essential Public Facilities Complete Complete Complete Complete Complete Non- Conforming In-house Complete 5/15 Complete On-going Subdivision Complete Complete 5/30 Complete October Tele- 7/2-7/16- communications Complete 5/23 7/16 7/30 Complete Sensitive Areas Complete Complete 6/11 September October Affordable Housing Complete July September October November Shoreline Complete September October October November Comprehensive Plan Update In-house October November November December Residential Design Pending Wellhead Protection Pending Enchanted Parkway and Weyerhaeuser Annexations are largely dependent on applicants and will be scheduled when ready. Regional Goverenance is dependent on Suburban Cities Association Committee work. [: IDOCUM EN1\CO D EAD MN . C lIT Date: To: From: Subject: City of Federal Way Memorandum September 12, 1997 Phil Watkins, Chair Land Use/Transportation Committee Cary Roe, Public Works Director ~ Stephen Clifton, Development Services ~er Revisions to the Federal Way City Code Regarding Street Frontage Improvements BACKGROUND During the September 3, 1997 Land Use and Transportation Committee meeting, committee members requested staff provide additional information to clarify how non-conforming street frontage improvements are brought into conformance with City Code at the time a property is redeveloped. Specifically, items to discuss include: 1) 2) Confirmation from the City Council that the 25 % threshold described below continues to be the appropriate trigger for requiring street frontage improvements. Developing policy relating to granting modifications, deferments or waivers using Federal Way City Code (FWCC) Section 22-1477 reason #4 below. CITY CODE REDEVELOPMENT COMPLIANCE TRIGGERS FOR STREET FRONT AGE IMPROVEMENTS According to FWCC22-1473 "When Public Improvements must be Installed", an applicant shall provide the improvements required by Article XVI if the applicant engages in any activity which requires a development permit. The exception to this section is if: 1. Proposed improvements in any 12-month period do not exceed 25 percent of the assessed or appraised value of all structures on the subject property, whichever is greater. Public improvements were installed within the past four years, as part of any subdivision or discretionary land use approval under this or any prior zoning code. 2. Sections within Article XVI reference dedication of right of way and authority to require dedication, development standards of Sections 22-1524 and 22-1525, additional dimensions and improvements, easements, right of way improvements (Le. medians, bicycle facilities, landscaping, sidewalks, utilities, street lighting and other necessary improvements), partial right of way improvements, easements, and driveways. Section 22-1477 allows the Public Works' Director to modify, defer, or waive the requirements of Article XVI only after consideration of a written request for the following reasons: 1) The improvement as required would not be harmonious with existing street improvements, would not function properly or safely or would not be advantageous to the neighborhood or city as a whole. Unusual topographic or physical conditions preclude the construction of the improvements are required. Proper vertical or horizontal alignments cannot be determined because the existing streets do not have correct alignments. The required improvement is part of a larger project that has been scheduled for construction in the City's capital improvement program. 2) 3) 4) DISCUSSION RELATED TO REASON #4 The Department of Public Works has, in the past, requested a monetary contribution from developers in-lieu-of actual frontage improvements if a project is proposed near a Capital Improvement Project (CIP) that is within a couple of years of actual construction, specifically 5 years or less. An example of this is the future Rainier View Plaza. A pro-rata share monetary contribution will be collected at the time of permit issuance and applied to the future South 312th Street Project. It becomes difficult to grant deferment, waivers or modifications using reason #4 as a basis when adjacent CIPs are scheduled beyond 5 years from when an applicant wants to construct a project. This is due in part to existing state law, i.e., any money collected from an applicant to address a street related non-conformance must be spent on the CIP within 5 years of collecting the money. Failure to spend the applicant's money within 5 years results in the City refunding the applicant's money. Public Works staff recently contacted jurisdictions in the area, e.g., Bellevue, Redmond, Kirkland, to see how these cities address the issue of bringing non-conforming street standards up to code during redevelopment of a project when they are adjacent to a CIP scheduled beyond the 5-year period. These cities allow an applicant to enter into an agreement to defer the actual construction of improvements if an applicant agrees to pay money up-front and waive the 5-year spending limit. The Federal Way Law Department is currently evaluating the ability of the City and applicant to waive this limit. Public Works staff is requesting the City Council consider the following options in order to bring non-conforming street frontage improvements up to code: A. B. C. SUMMARY If a CIP project is going to be constructed within 6-years of an applicant constructing his/her project, then the City has the option to: 1) Request that an applicant pay the City an amount contributing to the cost of street improvements immediately adjacent to their project. They would pay the money up-front and waive, via an agreement, the 5-year spending limit, or 2) Request that the applicant enter into an agreement with the City which would allow the applicant to defer the improvement if they a) agree to pay the money at the time the City commences construction and b) waive the 5-year spending limit. If the City elects this option, the applicant must provide a bond for the amount of street frontage improvements. This is necessary to guarantee that the applicant eventually pays for improvements at the time a CIP is constructed. An agreement would supplement the bond and include language which would waive the 5-year spending limit. If a CIP project is IW.t going to be constructed within 6 years of the applicant constructing his/her project, but is listed on the City's 20-year CIP project list, then the City has, in addition to options Al and A2, the option to: 1) Request that the applicant construct the improvements immediately as part of the project. A member of the development community requested that the City Council consider the following: If an City project is on the 20-year CIP, defer the improvement and enter into an agreement (not bond) to guarantee eventual payment of the improvement at the time a CIP is constructed adjacent to the project. City staff is not recommending this approach as it provides less security to construct improvements. Without a bond, there is no guarantee that the City can collect money towards the project. The above listed options are for your consideration. Support of options A and B above will give the Director of Public Works additional flexibility in administering Section 22-1477(4). Public Works staff will be available at the September 15, 1997 LUTC meeting to discuss these policies with committee members. CITY OF FEDERAL WAY MEMORANDUM DATE: September 12, 1997 TO: Land Use/Transportation Committee Jeff Pratt, Surface Water Manag~ Federal Way City Code (FWCC) Subsection 22-330(a)(6) - Water Quality Nonconformance FROM: RE: BacklP"°und: Currently Council is reviewing proposed modifications to the Nonconformance section of the city's code - Chapter 22 "Article N. Nonconformance." A small but important part of this chapter is the provision which pertains to water quality - Sec. 22-330(a)(6) "Nonconformance with the water quality standards in section 22-1196 et seq.;". A strict interpretation of the water quality code section suggests that, under the current code provisions, any property not meeting the standards contained within FWCC Chapter 22 Division 12 "Water Quality" (water quality standards copied from State law) must be brought into immediate compliance. Currently there are no triggers or thresholds which must be achieved before requiring compliance with water quality standards - if standards are violated, compliance is required immediately across the spectrum of residential, commercial, and industrial properties regardless of property size, use, or activity. It is important to note that under current State practices many existing properties (as opposed to new construction) are presumed to be in violation of the State standards contained within code section 22-1196 et seq. Taken together, the above facts literally suggest that the immediate compliance provisions of current code requires that all sites within the city, which were constructed prior to current water quality construction standards, must immediately retrofit their storm water systems in order to achieve consistency with State standards. (Since about 1990, all new construction projects have been required to install water quality facilities which are designed to ensure their compliance with water quality standards. Therefore, new construction will not be a topic of this discussion). Staff seeks Council's guidance on proposed modifications to the existing code pertaining to water quality nonconformance (in the context of redevelopment). In the following subsections this memo presents the Department of Ecology (Ecology) guidelines pertaining to issues related to nonconformance and redevelopment: "Redevelopment Defined", "Compliance Triggers", and "Water Quality Retrofit Timing". A final section discussing the desirability of subsurface rather than surface storm water facilities within designated areas of the City completes the memo. With this information it is hoped that the Committee will be able to provide direction to staff for use in preparation of the forthcoming code amendment. Redevelopment Defined: To leave little room for interpretation of its mandates, the State requires that cities and counties adopt a storm water program consistent with the model storm water management program developed by Ecology. This model program contains provisions for controlling the quality of storm water runoff. The model program contains many technical documents which set minimum standards and assist local governments in achieving State storm water management goals. While much of the model program addresses water quality issues such as pollutant source control and enforcement procedures, a vital part of the program addresses redevelopment - i.e., construction activity that is normally associated with existing facilities. In the State's model program and their proposed "Model Storm water Management Ordinance" (model ordinance), redevelopment is defined as ": . . on an already developed site, the creation or addition of impervious suifaces, structural development including construction, installation or expansion of a building or other structure, and/or replacement of impervious suiface that is not part of routine maintenance activity, and land disturbing activities associated with structural or impervious redevelopment... N. When presented with this definition previously, the Committee feared that the definition might be overly broad, somewhat ambiguous and that when applied literally might present an unnecessary obstacle to redevelopment within the City. Subsequent discussions have resulted in suggested clarifications to the Ecology definition and the development of "water quality triggers" (discussed below). The intent is that the definition now simply distinguish between new construction and redevelopment - ftom a strict water quality perspective. The definition is D.Q1 meant to imply that any project meeting the definition of "redevelopment" meet water quality standards. However, if a project is considered "redevelopment" and the scope of the redevelopment exceeds certain thresholds, then the redevelopment project will trigger the requirement of a water quality retrofit. More detail on the triggers is offered below. With this in mind the following is suggested as a City definition of redevelopment: "Redevelopment - On an already developed site, the creation or addition of new impervious surface, the expansion of a building footprint or addition of a structure, structural development including interior and exterior construction or remodeling, the repair or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities associated with impervious redevelopment" This proposed definition removes some of the questions about the applicability of the term redevelopment to what are more correctly classified "tenant improvements." This definition also has the advantage of being very close to Ecology's suggested definition. Compliance Triggers: Because a project is detennined to meet the definition of redevelopment, it does not necessarily follow that a water quality retrofit is necessary. Instead it must be determined whether or not the redevelopment project is significant enough to warrant the necessary water quality improvements. In order to determine the need for retrofit Ecology has suggested that redevelopment projects which exceed certain thresholds trigger a water quality retrofit requirement. The following thresholds (or triggers) are suggested by staff as both comprehensive and appropriate for achieving the City of Federal Way's water quality goals and meeting State water quality standards: . Redevelopment projects which involve the creation or addition of impervious surfaces having an area of 5, 000 square feet or more Redevelopment projects which involve the construction or expansion of a building or other structure having a surface area of 5,000 square feet or more Redevelopment projects which involve the repair or replacement of an impervious surface that is not parl of a routine maintenance activity involving an area of 5, 000 square feet or more Redevelopment projects which involve the collection and concentration of surface and storm water runoff from a drainage area of 5,000 square feet or greater Redevelopment projects which contain or directly discharge to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area determined by the public works director Redevelopment projects which involve a change in use and have a potential to release new pollutants to the City's surface water systems Redevelopment projects which propose an estimated $100,000 or more of improvements to an existing "high use"} site Redevelopment projects which propose an estimated $500,000 or more of improvements and include the removal and replacement of any existing impervious surface with 5,000 square feet or more of pollution generating impervious surface Any redevelopment project which discharges to a receiving water that has a documented water quality problem and which is identified as requiring additional specific controls... " . . . . . . . . Note that the 5,000 square foot threshold used above is the Ecology minimum requirement. Ecology approval would be necessary for the City to use a longer threshold. . I "High use" site means anyone of the following: a commercial or industrial site subject to an ADT of 100 vehiclesll ,000 sq ft gross floor site subject to petrolewn storage or transfer in excess of 1,500 gallyear site subject to use, storage, or maintenance of a fleet of 25 or more 10 tG VW diesel vehicles a road intersection with an ADT of 25,000 or more vehicles on major roadway or 15,000 or more vehicles on an intersecting roadway . . . Water Quali~ Retrofit Timioa: Once a "redevelopment" project has been determined to trigger the requirement of a water quality retrofit the question arises as to the timing of the retrofit. Requiring that the retrofit be installed immediately can be overly burdensome - thus discouraging redevelopment. Staff suggests an alternative to immediate installation of the water quality treatment facilities, i.e., phasing of the required improvements. The option of phasing the required improvements could be offered to those projects on parcels one acre or larger in size. For those projects opting to phase the necessary water quality improvements, a water quality management plan is prepared which includes a schedule for implementing the necessary improvements over a five year period. Should the City allow the phasing of water quality improvements, we would require that the full value of the improvements be bonded to preclude the possibility of default on the five year plan. Therefore, should the improvements not be completed within the specified period, the City attaches the bond and completes the required improvements. Surface vs Subsurface Water Quali~ Facilities: From both an economic and aesthetic viewpoint, it may be desirable in some areas of the City to encourage the installation of subsurface storm water facilities rather than the preferred surface facilities. Although there may be slight decreases (these decreases are not documented) in the treatment efficiency of the facilities when they are installed subsurface, these decreases are offset by the increases in buildable area and visual appeal of the projects. Further, in certain areas of the City all of the storm water runoff benefits ITom the "polishing" which occurs in our regional storm water control facility - a fact which also tends to offset the decrease in the efficiency of the subsurface treatment facilities. Because subsurface water quality treatment decreases are not documented and in light of the fact that that a regional storm water facility exists and it receives drainage ITom a distinct portion of the City (the City Center Core and Frame) in which the gains in buildable area and visual appeal are essential, staff recommends that those storm water facilities required in the City Center Core and Frame areas be encouraged to be designed and installed as subsurface facilities. Summary: This memo presents the idea of "redevelopment" as distinguished ITom "new development." It suggests that should a "redevelopment" project be determined to be significant, using certain State and City defined thresholds, then the requirement to retrofit the site with water quality facilities is "triggered." On projects which trigger the requirement for retrofit - included, as a part of the redevelopment plan, is the preparation of a plan for the retrofit of the site with water quality facilities and the implementation of this plan over a specified period. Finally it is suggested by staff that it is appropriate to encourage the installation of subsurface storm water facilities in certain areas of the City, i.e., City Center Core and Frame. Recommendations: Staff seeks the Committee's concurrence of or amendment to the foregoing discussion. Staff recommends that the foregoing as amended and concurred to by the Committee be included in the forthcoming Surface and Storm Water Management code revision package which is to be considered by the Committee and Council later this year and subsequently submitted to the State for approval. K:\LUTC\ WQNCNFRM.LU3