LUTC PKT 09-15-1997
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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
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E
MEMO
0
F
I
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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
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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.
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