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LUTC PKT 07-21-1997City of Federal Way City Council Land Use/Transportation Committee July 21, 1997 5:30 pm AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES 3. PUBLIC COMMENT (3 minute limit) 4. BUSINESS ITEMS A. Non -conforming Provision Action (a code amendment) B. Final Acceptance of 6th Avenue SW Action & Campus Drive Construction Contract C. 1997 Asphalt Overlay Change Orders Action 5. OTHER ITEMS 6. FUTURE MEETINGS/AGENDAS 7. ADJOURN Committee Members: Phil Watkins, Chair Ron Gintz Mary Gates I: \LU-TRANSUUL21 UT. AGN City Hall Council Chambers McCormick/60 min Miller/10 min Miller/ 10 min City Staff. - Greg Moore, Director, Community Development Services Sandy Lyle, Administrative Assistant 661-4116 June 16, 1997 5:30pm City of Federal Way City Council Land Use/Transportation Committee SUMMARY City Hall Council Chambers In attendance: Committee members Phil Watkins (Chair), Ron Gintz and Mary Gates; Mayor Skip Priest; Councihnember Hope Elder; Director of Community Development Services Greg Moore; Management Services Director Iwen Wang; Deputy Director of Community Development Services Kathy McClung; Assistant City Attorney Bob Sterbank; Street Systems Manager Ken Miller; Surface Water Manager Jeff Pratt; Traffic Engineer Rick Perez; Senior Planner Greg McCormick; Water Quality Program Coordinator Dave Renstrom; Code Compliance Officer Martin Nordby; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER The meeting was called to order at 5:35 pm by Chairman Phil Watkins. 2. APPROVAL OF MINUTES The minutes of the May 19, 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. Downtown P ddng (a code anigWinent) -At the May 20, 1997, meeting the City Council expressed concerns about the Downtown Parking code amendment. The Federal Way Comprehensive Plan sets several policies to implement a denser downtown. One means is through different parking strategies. The proposed changes encourage structured parking, increase compact stall ratios, shared parking criteria, and the ability to increase or decrease stalls based upon certain criteria. Staff presented new information which recommends that retail parking ratios remain unchanged. The Committee wants office and retail ratios to remain and decided that variations from minimum parking provisions would no longer be justified by a traffic study. Structured parking does not mean reduced parking and shared parking will be encouraged where practical. The Committee noted the different height limits of City Center Core and City Center Frame zones. The Committee discussed compact parking stalls and decided that placement of compact stalls will be left to the discretion of the developer. Pedestrian facilities would continue to be improved. On -street parking was unchanged. B. Popilation/Household Forecast - Staff provided an update on revised household and employment targets for the City. The new capacity analysis indicates that Federal Way does not have the ability to accommodate the household targets adopted in the King County Countywide Planning Policies under the current zoning plan. A letter has been sent to the Urban Center/Household and Employment Allocation Subcommittee requesting that the committee re-examine the household allocations in general and Federal Way's in particular. It was the consensus of the Land Use/Transportation Committee that staff was correct to continue to monitor population and employment targets. C. Non -Conforming Provision (code amendment) - Discussion on the Nonconformance Code Revision was deferred to the July 7, 1997, Land Use/Transportation Committee meeting. D. 21st Avenue SW at 325th Place SW Traffic Signal & Intersection Improvement Proiect - Tucci and Sons is the apparent lowest responsible bidder for the 21st Avenue SW and SW 325th Place Traffic Signal & Intersection Improvement project contract in the amount of $590,052.50. The Committee m/s/c recommendation of approval of the contract to the Council at the July 1, 1997, meeting with approval of a 10% construction contingency of $59,005.25. Also recommended was approval of the transfer of $115,058.02 ($61,058.02 + $54,000.00) from the SW Campus Drive and 6th Avenue SW Signal project savings into the 21st Avenue SW and SW 325th Place Traffic Signal & Intersection Improvement project. E. West Hylebos Stream Rehabilitation - Plans and specifications for a stream rehabilitation project on the West Fork of Hylebos Creek are 85 % complete. This and additional future projects in the stream south of 356th street are intended to enable the stream to accommodate increased flows, resist incisions, and allow recovery of aquatic habitat, including fish spawning and rearing habitat. The reduction in sediment transport which will result from these projects will also decrease the recurring need for channel dredging in the reach about South 373rd Street. Estimated total project cost is $83,081 which includes estimated construction cost of $49,753 and design and surveying costs of $33,328. The project cost is budgeted within the Small Capital Improvement portion of the Surface Water Management Capital Project Fund. The Committee m/s/c recommendation of project approval to Council at the next meeting. F. Applewood Annexation - This annexation area as proposed by its petitioners includes the Applewood subdivision and five unplatted parcels between Applewood and Pacific Highway South to the east. Applewood is bordered to the south by South 284th Street, to the north at approximately South 281st, to the east by the eastern side of the Pacific Highway South right-of- way, and to the west at approximately 14th Avenue South. There are a total of 38 parcels, 33 of which are in Applewood proper. Staff recommends five additional parcels be included in this annexation. These extend the proposed annexation area north along Pacific Highway South to South 279th Street. These parcels are included in Federal Way's Potential Annexation Area (PAA) and are adjacent to Pacific Highway South. They are bordered on the west by the Des Moines PAA. Mr. Michael Reid of the Granville Southern Corporation of Kirkland spoke about his concerns regarding one parcel he owns in the Des Moines PAA and three others on which he has purchase/development options located in the Federal Way PAA. The Committee indicated the possibility of annexation to Federal Way if he could obtain a release of his property from the Des Moines PAA. The Committee m/s/c recommendation of approval to Council to accept the 10 % petition for annexation of Applewood including the additional parcels adjacent to Pacific Highway South, to require simultaneous zoning pursuant to Federal Way City Code Section 19-103 regarding zoning, and assumption of the proportionate share of bonded indebtedness. G. Brifffing on RTA Capital Improvements - On November 5, 1996, voters approved the RTA proposal to develop a rapid transit system for the Puget Sound Region. Three express bus service routes will begin between 1998 and 2000. Improvements totaling $8 million will also be made to the existing Federal Way Park and Ride lot. Between 2001 and 2003, a Federal Way Transit Center will be sited and constructed for $4 million. Another $8 million in improvements will be made to improve the Star Lake Park and Ride lot. Within the context of planned improvements to the 23rd Avenue South, improvements recommended by the Downtown Committee, possible expansion of SeaTac Mall, and a 1000 space parking structure at the Federal Way Park and Ride, the City will be working with RTA to site a Transit Center, improve the Existing Park and Ride and create direct access ramps to the HOV lanes to I-5. The negotiation and acceptance of an interlocal agreement creates an opportunity to request RTA funding to develop a plan to coordinate and implement these improvements. RTA will be discussed further at the July 21, 1997, Land Use/Transportation Committee Meeting. H. TImmportation Improvement Plan (TIPI - In accordance with the requirements of RCW 35.77 and 47.26, the City adopted its original TIP and ASIP on July 23, 1991. The City is required to adopt a revised TIP and ASIP on an annual basis that reflects the City's current and future street and arterial needs. The City is required to hold one public hearing on the revised plans which is proposed for the July 1, 1997 Council meeting. The proposed plans do not significantly differ from the previous year's plans. However, four new projects have been added to the 6 -year TIP and ASID, two of which reflect grant -funded pedestrian safety projects and two which reflect concurrency requirements. The Committee m/s/c to set the public hearing for July 1, 1997, and forwarded recommendation of approval of the revised TIP and ASID to Council for review and adoption. I. Street Name Chanees - An update on the process of renaming South 320th Street and Pacific Highway South was heard by the Committee on April 21, 1997. Six hundred five surveys were mailed out on April 18, 1997. A telephone hotline for citizen input was set up. Ten newspaper articles have been published in the Federal Way News and the Tacoma News Tribune on the potential renaming. The Federal Way Chamber of Commerce conducted a survey at a general membership luncheon, and mailed and faxed surveys to their membership. The Committee referred further action on the street renaming to the Downtown Revitalization Committee. J. Regional Governance/Land Use - Staff presented an update on the planning, permitting, and code enforcement case study of the Regional Finance and Governance Oversight Committee. The alternatives for handling land use issues in the Potential Annexation Area (PAA) were presented. As an information item only, no action was required from the Committee. 5. OTHER ITEMS There were no other items to discuss. 6. FUTURE MEETINGS/AGENDAS The next meeting will be July 7, 1997. 7. ADJOURN The meeting was adjourned at 8:40 pm. I:\LU-TRANS\JUN16LUT.SUM CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM DATE: July 17, 1997 TO: Land Use & Transportation Co C i ee FROM: Greg McCormick, AICP !W SUBJECT: Nonconformance Code Revisions Attached are the nonconformance code revision packet materials provided in the June 16, 1997, Land Use/Transportation Committee meeting. Discussion was deferred to the July meeting and changes continue to be finalized. Updated information will be distributed at the July 21, 1997, meeting for your review and consideration. To: Land Use & Transportation ommitt From: Greg McCormick, AICP MEMORANDUM Subject: Nonconformance Code !kevision Date: June 10, 1997 The following are two examples of how the Planning Commission recommended alternative of proportional compliance would affect development. Also included is an alternative way of calculating the level of compliance required. The formula in the Commission's recommendation uses a percentage based on the value of the proposed improvements related to the value of the existing improvements on the site. The alternative will use a percentage based on the square footage being added to the site in relation to the size of the existing structures on the site,. SCENARIO #1 Location: SeaTac Mall Development: 10,000 square foot pad building along South 320th Street Assumptions: 1. Value of new structure based on Uniform Building Code valuation for Type V -N construction - $42 per square foot. 2. For purposes of this example, the Bon Marche and Sears stores will not be included for either square footage or valuation, as they are on separate tax parcels from the rest of the Mall. 3. Cost of bringing the Mall site into compliance with current code requirements is $1,000,000. This does not include water quality or street improvements that may be required on the site. 4. Use latest King County Assessors information for structure valuation. Proposed Building: Cost - $420,000; Size - 10,000 square feet. Existing Mall: Value of existing structure - $25,447,500; Size - 523,758 square feet. Percentage by value calculation: Q $24,447,500/$420,000 = 1.7% Q $1,000,000 x 1.7% = $17,000 worth of improvements must be done on the Mall site. Percentage by size calculation: Land Use & Transportation Committee Page 2 June 16, 1997 11 523,758 sq.ft./10,000 sq.ft. = 1.9% 11 $1,000,000 x 1.9% = $19,000 worth of improvements must be done on the Mall site compared to the $17,000 based on valuation. SCENARIO #2 Location: Federal Way High School Development: 860 square foot portable classroom structure Assumptions: 1. Value based on Uniform Building Code valuation for Type V -N construction - $64 per square foot. 2. Cost of bringing the Federal Way High School site has been estimated by the District at $197,000. Portable Classroom: Cost - $55,000; Size - 860 square feet Existing School: Value of existing structure - $11,520,000; Size - 180,000 square feet. Percentage by value calculation: 0 $11,520,000/$55,000 =.5% 0 $195,000 x.5% = $975 worth of improvements must be done on the Federal Way High School site. Percentage by size calculation: 0 180,000 sq.ft./860 sq.ft. =.5% O $195,000 x.5% = $975 worth of improvements must be done to the Federal Way High School site compared to the $975 under the valuation calculation. As can be seen from the examples above, there are situations when small improvements or relatively small improvements are being proposed, the resulting upgrade of the property will be minimal regardless of the basis being used for calculating the amount to be spent on compliance. What the LUTC may want to consider, that wasn't discussed at the Planning Commission, is establishing a minimum proportional compliance level. A range of between 10% - 25% would seem a reasonable starting point for discussion purposes. In the examples above, SeaTac Mall would be required to provide between $100,000 and $250,000 in improvements based on the suggested range, rather than the approximately $17,000. The school district would be required to provide $19,500 to $48,750 in Land Use & Transportation Committee Page 3 June 16, 1997 improvements rather than the $975 indicated above, depending on the minimum established. In situations where the minimum percentage was surpassed, the larger of the two percentages should apply. Establishing a minimum level of compliance would provide the city a mechanism to ensure some level of upgrading of nonconforming sites, at the same time giving applicants some relief from the full compliance requirements now in the city's code. The formula proposed in the code amendments addresses only when additional square footage is being added to a site that is nonconforming. What is not addressed is when other nonconformance thresholds are exceed such as when a use has ceased for more than 90 days or when a site is abandoned for more than 180 days or when a use has changed. By establishing a minimum, when these thresholds are exceed there would be a mechanism in the code to allow proportional compliance in these situations as well. Another issue addressed to some degree with a minimum compliance requirement is that of equity. The equity issue is that when an undeveloped site develops, all of the city's code and ordinances must be adhered to. If a developed site which has nonconforming aspects is allowed make improvements to the building and/or other upgrades and not have to achieve some level of compliance with current code requirements puts the developer of the undeveloped site at a disadvantage. Requiring a minimum upgrading of nonconforming development would address this equity issue to some degree. RECOMMENDATION: Staff recommends the following: 1. Use area calculation rather than valuation for determining level of compliance on nonconforming sites where additional square footage is being added to the site; 2. Establish a minimum compliance percentage of 25% for sites that are adding square footage. This would also apply to sites that are not adding square footage but have exceeded a nonconformance threshold such as change of use, abandonded site or discountivance of a use. I:\GREG\NONCONFR\LUTCMEM.616 CITY OF FEDERAL WAY PLANNING COMMISSION MEMORANDUM DATE: IMay 29, 1997 TO: FEDERAL WAY CITY COUNCIL FROM: ROBERT VAUGHAN, CHAIR FEDERAL WAY PLANNING COMMISSION SUBJECT: RECOMMENDATION FOR APPROVAL OF AMENDMENTS TO VARIOUS CHAPTERS OF THE FEDERAL WAY CITY CODE RELATED TO THE NONCONFORMING PROVISIONS OF THE CODE. SEPA STATUS: DETERMINATION OF NONSIGNIFICANCE (DNS) ISSUED MARCH 28, 1997. BACKGROUND In 1992, a series of amendments to the nonconformance provisions of the Federal Way City Code (FWCC) were adopted by City Council. These amendments included the following: A. Adding hew definitions to the code for change of use, normal maintenance and tenant improvements; B. The requirement for an MAI appraisal was removed and appraisals were made optional for the applicant (source acceptable to the city); C. Normal maintenance and tenant improvement costs were deleted for calculations of all nonconformance thresholds; and D. The threshold for nonconforming procedure was raised from 35% to 50% of the assessed or appraised value of the structure(s) on the subject property. In August of 1996, the Council put the nonconformance issue back on the Planning Commission's work program for 1997. The major focus of this code revision was to develop alternative compliance methods for nonconforming development. As detailed in the attached staff report, staff proposed four alternative approaches to nonconformance compliance including exceptions, proportional compliance, phased compliance and 1 deferred compliance. Other more minor, housekeeping type amendments were also reviewed by the Commission. H. PLANNING COMMISSION RECOMMENDATION The Planning Commission held a workshop on the proposed code revision on April 16, 1997. On May 7th the Commission held a public hearing on the nonconforming code amendment. This public hearing was concluded on May 21st. At the conclusion of the hearing based on city staffs presentation of the staff report and analysis, public testimony and Commission deliberations, the following recommendation is made: A. Proportional compliance - this revision to the FWCC will allow less than 100% compliance for nonconforming parking, buffers and landscaping. Proportional compliance is not recommended to apply to nonconforming use, procedure, water quality, street improvements or signs. The proportion of compliance is calculated using the following method: 1. Divide the dollar value of the proposed site improvements by the value of the existing structures on the site; 2. The percentage resulting from #1 above is multiplied by the dollar amount that is necessary to bring the site into compliance with the current code provisions identified in the required conformance plan; 3. The resulting dollar amount is then applied toward reducing the nonconforming aspects of the site. Refer to staff memorandum dated May 29, 1997 for recommended code language. B. Water quality improvements - currently, the code requires immediate compliance (FWCC Section 22-330) for a number of items, water quality facilities is one of them. This provision would be extremely difficult to administer and has not been administered by city staff in this fashion. In 1995, the city's public works staff developed a working policy to help the department in administering this provision of the code. his ed asp art of the staff report. The Planning Commission is recommending that water qua i y e e eted from the immediate compliance section (Section 22-330) and a new section be created that codifies that public works departmental policy on this issue. Refer to the attached staff report for proposed language on this proposed amendment. C. Street improvements - Section 22-1473, FWCC is a section that addresses when public improvements must be installed. This section essentially addresses nonconforming public improvements. Planning and public works staff_ recommended that this section be moved into Chapter 22, Article IV - Nonconformance which is the section of the code that addresses other nonconforming provisions. The Commission agrees with staff recommendation that a new section be created under the nonconformance article of the code to include 2 this provision. D. Housekeeping items - other minor amendments are being proposed to address a number of issues. A summary of those recommended changes include: 1. Consistency in language referring to time frames in the nonconformance thresholds; 2. Amending sections to be consistent with recently adopted code amendments related to Engrossed Substitute House Bill 1724 (ESHB 1724); 3. Clarifying the following definitions: a. junk by adding junk yards to the definition; b. buffer; C. quasi judicial; d. normal maintenance - signs; e. abandoned. 5. Clarify gross floor area expansion; 6. Delete Section 22-1402 (overlooked during the landscape code revision); and 7. Include "public" in the definition of "Nonconformance" in Section 22-1. The language for these proposed amendments is contained in the attached staff report. Ill. FINDINGS The planning commission made the following findings in support of the above recommendations: 1. Current nonconformance criteria and thresholds discourage upgrading, remodeling, and bringing sites and structures into conformance, by not allowing options or much flexibility. This in turn can encourage citizens to move to other less restrictive areas 2. Proposed nonconformance criteria and thresholds will encourage upgrading, remodeling and bringing sites and structures into conformance, by allowing options and flexibility. 3. Proposed "housekeeping" changes will clarify specified sections of the code by adding new definitions, changing the process numbering system to the newly approved system 4. Proposed nonconformance criteria will meet the Federal Way Comprehensive Economic Development objectives to: ♦ Redevelop and improve the quality of the mixed use development along 3 Pacific Highway South from South 272nd Street to South 356th Street (1995-2020); ♦ Encourage quality development throughout the City to attract desirable economic development in Federal Way; ♦ Maintain and improve the quality and character of the exi8ting residential neighborhoods. 5 Proposed nonconformance criteria will meet the following Federal Way Comprehensive Plan goals: ♦ Develop incentives to encourage desired development in commercial areas, especially in the City Center Core and Frame (LUP55); ♦ The City will periodically monitor local and regional trends to be able to adjust plans, policies, and programs (ED17); ♦ The City will actively work with representative groups of business and property owners, including the Chamber and other local business associations, to enhance citywide and subarea improvements and planning (ED18); and ♦ Focus on improving the existing character and image of the City Center (CCG6). ROBERT VAUGHAN, CH FEDERAL WAY PLANNING COMMISSION DA E Attachments 1AGREGW ONCONFRIPC-RECMN 11 To: City of Federal Way Planning Commission From: Greg McCormick, AICP - Senior Planner MIMOMNDUM Penelope Bell, AICP - Consultant Subject: Non-conformance Code Revision - Supplemental Information _ Date: May 15, 1997 INTRODUCTION This memorandum suggests modifications to nonconformance items discussed at the Planning Commission meeting of 7 May 1997. The hearing was continued to 21 May 1997. This revised Proportional Compliance alternative deletes possible conflicts with existing nonconformance thresholds in the zoning code. Additional housekeeping items have been added to clarify that street improvement requirements and water quality standards must be fully met when bringing a site, structure or use into compliance. Some section numbers will be changed, as appropriate, to incorporate new sections. The actual renumbering will be done at the time of codification. ALTERNATIVE - PROPORTIONAL COMPLIANCE Section 22- Proportional Compliance M Purpose. Proportional compliance is a mechanism by which the city may allow less than 100 percent conformance. 0 Who may apply. Anyone may apply who is required to bring a site or structure into conformance with current regulations. M Applicability. Proportional compliance may be applied when a nonconformance threshold is met or exceeded, and expansion, remodel or use of, is not permitted without meeting full requirements for: a. parking (see Sec. 22-334) b. buffers see Sec. 22-336 C. landscaping(see Art. XVII Proportional compliance cannot be used for: a. nonconforming use (see Sec. 22-332 b. nonconforming procedure (see Sec. 22-333 C. water quality (see Section 22- ) d. street improvements (see Section 22- e. signs (see Sec. 22-335) (�A Decision criteria. An application for roportional compliance may be approved or approved with modification. if it satisfies all the following: City of Federal Way Planning Commission Page 2 June 5, 1997 a. A Conformance Plan shall be required to identify the site, structure and/or use nonconformities as well as the detailed cost of individual improvement( s). b. It is consistent with the city's comprehensive plan and city code, and; C. It is consistent with public health, safety and welfare. d. The percentage of required physical improvements to be installed to reduce the nonconformity(s) of the site or structure shall be established by the following formula: 1. Divide the dollar value of the proposed site improvements by the replacement value of the existing structure(s) as determined by the Director, up to 100 percent. 2. That percentage is then multiplied by the dollar amount identified by the conformance plan as necessary to bring the site and/or structures into compliance. 3. The dollar value of this equation is then applied toward reducing the nonconformities. Example: Value of existing structure(s) excluding mechanical systems = $20.000 Value of proposed improvements excluding mechanical systems = $6.000 $20.000 divided into $6.000 equals 30% Cost identified in Conformance Plan equals $4.000 30% times $4.000 equal $1.200 $.200 would be applied toward reducing the nonconformities. 4. The Director shall determine the type, location and phasing sequence of the proposed site improvements, based on information provided in the conformance plan. fQ Applicable Procedure. Except as otherwise provided by this subsection the city will process an application for proportional compliance for nonconforming structures through Process III. ADDITIONAL HOUSEKEEPING ITEMS M. Based on the proposed codification of a Public Works policy developed in 1995 (see Attachment A of the 7 May 1997 staff report), and the intent to clarify when public improvements (streets, utilities etc.) should be installed, Section 22-330 (a) (6) should be deleted. CITY OF FEDERAL WAY Planning Commission DATE 7 May 1997 APPLICANT City of Federal Way PROPOSED ACTION Amendments to Chapter 22, Article IV of Federal Way City Code (Zoning - nonconformance) and other sections relating to nonconformance STAFF Greg McCormick, AICP - Senior Planner Penelope Bell, AICP Consultant SEPA Determination of Non Significance (DNS) issued 28 March 1997 STAFF RECOMMENDATION Staff recommends that the Planning Commission review and approve the staff recommendations. Attachments: A. Public Works memorandum re: Criteria for Water Quality Retrofit, dated 31 July 1995 B. Nonconformance Thresholds - Existing C. Alternatives Compared to Three Cases I. INTRODUCTION This -proposed code revision is a result of 1. Requests from the business community to provide phasing of improvements so the applicant can generate revenue before all of the improvements are completed, 2. Direction from Council members to provide flexibility when small expansions are requested for a site, and 3. Requests from staff to fine tune the nonconformance provisions and provide clarification. There are an unknown number of potential projects with nonconforming site and structure aspects that never get to the permit stage. Some applicants have stated that their project is not feasible based on the nonconforming requirements. Other applicants go through the preapplication meeting and decide not to pursue their project due to the high cost of bringing a project or structure into conformance. Situations have been identified, such as the Federal Way School District applying for Sec. 22, Article IV. Nonconformance, revision Page: I of 23 portable classroom permits, that have nonconforming aspects to them. The portable classroom may be in place from a few months to a few years. Another example is a single tenant's improvement requiring conformance for an entire shopping center. In both cases, immediate full compliance for the entire site is required. ` II. BACKGROUND In 1992, City Council approved modifications to the nonconforming provisions of the zoning code. The following amendments were made during that zoning code revision process: A The following definitions were added to the Federal Way Zoning Code (FWZC) -Change of Use -Normal Maintenance -Tenant Improvement B. The requirement for a MAI appraisal was deleted. The provision of an appraisal is optional for the applicant (from a source acceptable to the city) unless the community development director feels an appraisal is needed. C. Normal maintenance costs were deleted from the calculations on all nonconformance thresholds. - . D. The threshold for nonconforming procedures was raised from 35% to 50% of the assessed or appraised value. E. Tenant improvement costs were deleted from the threshold calculation for certain nonconformances such as procedure, buffers, and parking etc. F. Tenant improvements and normal maintenance costs were excluded from site plan review requirements. In August 1996, the Council determined that revisions to the nonconformance portion of the zoning code would be done prior to the Comprehensive Plan update and that this code revision should address the topic comprehensively, including the issues raised by the School District when siting portables. For the current proposed changes, city staff was interviewed to determine their concerns when using the nonconformance section. There were many requests for clarification of terms and use of the current code. Sec. 22, Article IV. Nonconformance, revision Page: 2 of 23 III DISCUSSION ITEMS A. PUBLIC AND PRIVATE There is one key issue that should be determined prior to decision on a method of compliance. Shall public property and its use be included in nonconformance requirements? The question "to whom does the nonconformance section apply?" is presented to staff frequently. Although the current definition of nonconformance refers only to private property, staff has consistently applied the requirements to both private and public situations. To clarify the current uncertainty, there are three options. 1. No change - leave the language specifying only "private" property; 2. Amend the definition to delete the word "private," thereby applying the nonconformance requirements to all; or 3. Amend the definition to include the word "public," thereby applying the nonconformance requirements to all. Option 1 (no change) The following definition of "nonconformance" would continue to read: Chapter 22, Article IV - Nonconformance ARTICLE I. Sec. 22-1. Definitions Nonconformance shall mean any use, structure, lot, condition, activity or any other feature or element of private property or the use or utilization of private property that does not conform to any of the provisions of this chapter or that was not approved by the city through the appropriate decision-making process required under this chapter. Option 2 (delete reference to "private" property) If the Planning Commission determines that all property, sites, uses and structures should be included, the following definition of "nonconformance" should be amended to read: Chapter 22, Article IV - Nonconformance ARTICLE I. Sec. 22-1. Definitions Nonconformance shall mean any use, structure, lot, condition, activity or any other feature or element of private property or the use or utilization of Mete property that does not conform to any of the provisions of this chapter or that was not approved by the city through the appropriate decision-making process required under this chapter. Sec. 22-, Article IV. Nonconformance, revision Page: 3 of 23 Option 3 (add "public" to definition) If the Planning Commission determines that all property, sites, uses and structures should be included, the following definition of "nonconformance" should be amended to read: Chapter 22, Article IV - Nonconformance ARTICLE I. Sec. 22-1. Definitions 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 through the appropriate decision- making process required under this chapter. B. NONCONFORMANCE THRESHOLDS Currently the thresholds for nonconformance vary. The varying percentages are a reflection of the first City Council's determination of the relative importance of each item. There has been discussion regarding the consideration of making thresholds that are even or consistent, such as all thresholds at 50%. If this threshold percentage were to be adopted, it would erase the original intent of weighting the degree of importance of each type of threshold (e.g., a 25% threshold indicates a higher concern for compliance than a 50% threshold). Public Works staff recommends that if there are to be changes to some portions of the nonconformance chapter, there should be no change in the existing thresholds for water quality standards and public improvements. These should remain at full and immediate compliance. Attachment "C" shows the "Nonconformance Thresholds - Existing." C. PUBLIC IMPROVEMENTS To clarify when public improvements (streets, utilities etc.) should be installed, Public Works and Planning staff agree that a new section should be added to Article IV, Section 22. 1) The language regarding abandonment of property or ceasing of use is usually stated as "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." Public Works staff recommends the Planning Commission consider extending the time frame for street improvements, to 180 days and one (1) year respectively. Sec. 22-. Article IV. Nonconformance, revision Page: 4 of 23 2) Prior to 1995, FWCC Section 22-330 (which requires immediate compliance with water quality standards of Sec. 22-1196 - effective 2/28/90) had been difficult to enforce because it literally applied to every property in the city. To help -administer this provision of the code, Public Works staff developed a policy, in 1995, which requires a site to be brought into compliance when the proposed work on site meets certain criteria. (See Attachment "A" - Public Works memorandum re: Criteria for Water Quality Retrofit). This policy should be codified. 3) Sec. 22-1473 should be moved into the nonconformance section. Sec. 22-1473 should be deleted and moved: - -- --- --- --- - - -- -- _.. . - - --- - ----- - -- -- - - - - -- - - -- - - -- --- ----------- -- -- - -- -- -- - -- - ------ -- LIP -- - --- - ------ --- - ----- - - --- - - -- --- --- Marlse- _.. : -- - -- ---- - -- -- -- -- - ---- .... - -- -- -- - R-1- - - ---- - --- -- --- - - -- --- --- ---- -- ----- - -- - - - --- - - - --ILIL- - - -- ------ - - - ---- -- -- --- - -- - -- - -- - -- - - - - --- - ----- - - - -- - ---- --- -- --- - - - - --- -- - -- - - - - - -- ---- - --- :IMA - - - -- - -- --- ---- - -- 11101 - --- -- - • jL6 _ - • - Article IV should be amended by adding: Art. IV, Sec. 22- . When public improvements must be installed. !a1. The applicant shall provide the improvements required by Article XVI, if the applicant engages in any activity which requires a development permit, except for the following: Sec. 22-. Article IV. Nonconformance, revision Page: 5 of 23 The applicant need not comply with the provision of Article XVI if the proposed improvements in anyone consecutive 12 -month period do not exceed 25 percent of the assessed or appraised value of all structures on the subject property, whichever is greater. The appraisal must be from a source acceptable to the city if the assessed valuation appears to be inappropriate. The applicant need not comply with the provisions of Article XVI 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. Right-of-way adjacent to and within subdivision and short subdivisions must be dedicated and improved consistent with the requirements of Article XVI, unless different requirements are imposed by the city as part of the subdivision or short subdivision approval. LcL For street improvements only, when the subject nonconforming property has been abandoned for 180 days or more consecutive days or the use conducted on the subject property has ceased for one () year. _ M Retrofit of water quality treatment facilities will be required for commercial projects when the proposed work on site: 1) consists of all new construction or expansion of an existing building: or, 2) requires a land use action: or. 3) costs more than 50% of the assessed value of the existing buildings on the site: or, 4) generates pollutants having potentially a significant impact on the quality of the runoff from the site (i.e.. a gas station, parking lot greater than three (3) acres in size, truck stop, chemical storage facility. etc.l IV. ALTERNATIVES The existing requirement is for immediate, full compliance. Four compliance alternatives are addressed below. If more than one alternative compliance tool is accepted, it should be made clear that an applicant may use only one compliance tool per project. A. Exceptions B. Proportional Compliance C. Phased Compliance D. Defer Compliance Sec. 22, Article IV. Nonconformance, revision Page: 6 of 23 A. EXCEPTIONS Exceptions to nonconforming requirements would be allowed only for public (government) entities. Threshold: • Need for temporary additional buildings (increase in gross floor area) for public schools or other government entity - which, if permanent, would require immediate, full implementation of requirements for landscaping, parking, buffers and street improvements and water quality standards? PROS CONS Allowance for flexibility A public entity cannot be bonded to assure compliance Establishes a different standard for public projects which may be criticized by the rest of the community Public projects may never be brought up to current standards No Conformance Plan is required If the "Exception" alternative is chosen, the following language should be added to read: Sec. 22- Exemption for portable structure Applicability. This subsection applies to any portable nonconforming structure for public use such as public schools or other government buildings. which expansion or use of, is not permitted without meeting full requirements for parking, landscaping, buffers, street improvements and water quality standards. Purpose. A portable structure exception is a mechanism by which the city may provide relief from the effect of the parking landscaping, buffer and possibly street requirement(s) when their enforcement would create a hardship. Water quality standards are not excepted. Sec. 22-. Article IV. Nonconformance, revision Page: 7 of 23 (3) Who may apply. The property owner or public entity required to compiv may apply for a portable structure exception. Decision criteria. An application for a portable structure exception may be approved, or approved with modification, if it satisfies all of the following criteria: LgJ_ the portable structure(s) would be in glace no longer than three ears: fW The portable structure should be compatible with the architectural design and appearance of existing structures on the subject property, to the extent possible: U The site and existing structures on site are in compliance with the parking and landscaping and buffer requirements for the land use district in which they are located. Minor deviations from this parking landscaping and/or buffer requirement may be approved by the administrator if he or she concludes that the reduction meets the needs of the use, during the temporary use of structure(s). without significant impact to surrounding properties: fM There is no other existing request for proportional, phased or deferred compliance for this site: LM It is consistent with the city's comprehensive plan and city code: and It is consistent with the public health, safety and welfare requirements: and Lqj There is no exception for water quality standards. Applicable procedure. Except as otherwise provided by this subsection the city will process an application for a portable structure exception through Process III of this code. B. PROPORTIONAL COMPLIANCE This proportional compliance alternative is similar to the City of Bellevue code, which has been used frequently and successfully in that city for 3-4 years. Sec. 22-. Article IV. Nonconformance, revision Page: 8 of 23 Thresholds: Value(s) during a 3 -year period for remodeling are 30% or greater and less than 100% of replacement value of existing structure. Expansion of any structure or group of structures on a single site is less than 50% of the existing floor area. [If 50% or greater, full compliance is required.] PROS CONS Time base for calculations = 3 years Somewhat complicated formula Uses percentages rather than dollars, Requires appraisal of existing which allows for changes in dollar value improvements such as inflation. amount required toward reducing $ 20,000 Requires estimate of cost of compliance Bonding or similar assurance should be Bonding is time and staff intensive and required can delay approval time 2-4 weeks. Requires additional review of a Conformance Plan Tracking compliance is very time consuming for staff and therefore costly to the city Public entities cannot be bonded The following example is shown in the text of the proportional option: Value of existing structure(s) excluding mechanical systems = $20,000 Value of proposed improvements excluding mechanical systems = $6,000 $20,000 divided into $6,000 equals 30% Cost identified in Conformance Plan equals $4,000 25% times $4,000 equal $1,200 $1,200 would be applied toward reducing the nonconformities. value of improvements Resulting % multiplied by compliance — -------------------------------- = X% cost identified in Conformance Plan = X$ replacement value of existing structure $ 6,000 30% x $4,000 = $1,200 (minimum __---- _----------- _------- _- = 30% amount required toward reducing $ 20,000 nonconformities) Sec. 22-. Article IV. Nonconformance, revision Page: 9 of 23 If the "Proportional Compliance" alternative is chosen, the following language should be added to read: Section 22- Proportional Compliance M Applicability This subsection applies to specified remodels or expansions when value(s) during a three (3) year period is 30% or greater, and less than 100% of replacement value of the existing structure or expansion of any structure or -group of structures on a single site is less than 50% of the existing gross floor area, which expansion remodel or use of is not permitted without meeting full requirements for parking landscaping buffers street improvements and water quality requirements. 0 Purpose Proportional compliance is a mechanism by which the city may allow less than 100 percent conformance. Who may apply. Anyone may apply who is required to bring a site or structure into conformance with current regulations. W Decision criteria An application for proportional compliance may be approved or approved with modification, if it satisfies all the following: A Conformance Plan shall be required to identify the site, structure and/or use nonconformities as well as the detailed cost of individual improvement(s). a. The percentage of required physical improvements to be installed to reduce or eliminate the nonconformity of the site or structure shall be established by the following formula: 1. Divide the dollar value of the proposed site improvements by the replacement value of the existing structure(s) as determined by the Director, up to 100 percent. 2. That percentage is then multiplied by the dollar amount identified by the conformance plan as necessary to bring the site and/or structures into compliance. 3. The dollar value of this equation is then applied toward reducing the nonconformities. Example: Value of existing structure(s) excluding mechanical systems = $20.000 Value of proposed improvements excluding mechanical systems = $6.000 Sec. 22, Article IV. Nonconformance, revision Page: 10 of 23 $20.000 divided into $6,000 equals 30% Cost identified in Conformance Plan equals $4.000 30% times $4.000 equal $1,200 $1.200 would be applied toward reducing the nonconformities. 4. The Director shall determine the type, location and phasing sequence of the proposed site improvements, based on information provided in the conformance plan. b. There is no other request for exception,_ phased or deferred compliance for the site C. It is consistent with the city's comprehensive plan and city code: d. It is consistent with public health, safety and welfare: and e. There is no proportioning for water quality standards. Applicable Procedure Except as otherwise provided by this subsection, the city will process an application for proportional compliance for nonconforming structures through Process III C. PHASED COMPLIANCE With phasing, a level of compliance is established on an annual basis based through an approved Conformance Plan. Unlike the proportional compliance approach, the phasing approach would require full compliance, and allow improvements to be made over a specified period of time. (E.g. 25% of the required improvements for each year of a four-year phasing plan) With phased compliance, an applicant could phase its Conformance Plan as follows Phase (year) I a) Move needed temporary structures in. b) Planting and irrigation created or enhanced at entrance to school property, or c) Determine that, within a few months the site/situation no longer requires portable structures, and they are removed. If all portable Sec. 22-. Article IV. Nonconformance, revision Page: I 1 of 23 structures are removed, the director shall make the determination if remaining landscaping, parking or buffer requirements are still required. Phase (year) 2. a) Planting and irrigation created or enhanced around perimeter, to enhance visual attractiveness from the neighborhood and from the site, or b) Determine that the site/situation no longer requires portable structures, and they are removed. If all portable structures are removed, the director shall make the determination if remaining landscaping, parking or buffer requirements are still required. Phase (year) 3 a) Determine that the need for structure(s) at the site, is long term and new permanent structures will be built to accommodate the need. Design and get permits for permanent structure(s), or b) Determine that the site/situation no longer requires portable structures, and they are removed. If all portable structures are removed, the director shall make the determination if remaining landscaping, parking or buffer requirements are still required. Phase (year) 4 Portable structure(s) could remain in place during construction of permanent structures. Requirements such as landscaping are completed according to original Conformance Plan and building and related plans for new permanent structures. Threshold: • Need for portable buildings (increase in gross floor area) such as school classrooms, which, if permanent, would require immediate, full implementation of requirements for landscaping, parking and buffers, street improvements, and water quality standards. Sec. 22-. Ar icle IV. Nonconformance, revision Page: 12 of 23 PROS CONS Require full compliance over an agreed Full compliance delayed period of time, i.e., 25% of the improvements in each of 4 years. At least partial compliance will happen, Full compliance may not happen, if based on Conformance Plan required by threshold uses cease or structures are permit. removed, such as temporary school buildings which are no longer needed at a specific site. Phasing landscape requirements could Requires additional review of a allow the most visually effective and Compliance Plan possibly least costly compliance first. Phasing landscaping, parking and buffer Bonding can delay approval time 2-4 requirements could allow adequate weeks budgeting of required conformance Bonding could assure compliance Public entities cannot be bonded Time base for calculations is variable Tracking compliance is very time consuming for staff and therefore costly to the city Phasing for longer than two (2) years becomes complicated to track, is staff intensive, and difficult to enforce, thus reducing the probability of full compliance. If the "Phased Compliance" alternative is chosen, the following language should be added to read: Section 22- Phased Compliance 01 Applicability. This subsection al2plies to any nonconforming site/structure, which expansion or use of is not permitted without meeting requirements for parking, landscaping buffers street improvements and water quality standards. aL Purpose Phasing allows improvements and compliance to be made over a specified period of time (e.g., 25% for each year of a four year period) Sec. 22-. Article IV. Nonconformance, revision Page: 13 of 23 (3) Who may apply. Anyone may pply who is required to bring a site use or structure into conformance with current regulations. Decision criteria. An application for phased compliance may be approved, or approved with modification if it satisfies all of the following. La,), A conformance plan which identifies the site nonconformaties, as well as the cost of individual site improvements: Phasing shall be specific as to what aspects of the project are to be accomplished by when, and by whom. All items that are necessary to provide conformance shall be addressed: U— Phasing shall not exceed four (4) years from date of approval of the conformance plan or the entitlement, which ever comes first: L, There is no other request for exception, proportional or deferred compliance: U It is consistent with the city's comprehensive plan: ffA It is consistent with the public health, safety and welfare: and Lq). There is no phasing for water quality standards. LU Apg icable procedure. Phased compliance shall be by Process III. D. DEFERRED COMPLIANCE When deferring compliance, full compliance would be delayed for up to two years, based on an approved conformance plan. Like the phasing approach, deferred compliance would require full compliance. Thresholds: Need for additional structure(s) (increase in gross floor area), which would require immediate, full implementation of requirements for landscaping, parking and buffers. Change of use, ceasing of use, abandonment of 50% of assessed value Sec. 22-. Article IV. Nonconformance, revision Page: 14 of 23 PROS CONS Require full compliance over a two year Full compliance delayed up to two years period Full compliance will happen, based on Full compliance may not happen, if required Conformance Plan threshold uses cease, temporary structures are removed or applicant cannot complete Conformance Plan. Bonding could assure compliance Public entities cannot be bonded Possible shorter compliance period than Tracking compliance is very time phasing option consuming for staff and therefore costly to the city Bonding can delay approval time 2-4 weeks If the "Deferred Compliance" alternative is chosen, the following language should be added to read: Sec. 22- Deferred Compliance La Applicability. This subsection applies to any nonconforming site/structure, which expansion or use is not permitted without meeting requirements for parking landscaping, buffers, street improvements and water duality standards. fes, Purpose. Phasing allows improvements and compliance to be made over a two year period. a. Who may apply. Anyone may apply who is required bring a site, use or structure into conformance with current regulations. i'h Decision criteria. An application for deferred compliance may be approved, or approved with modification if it satisfies all of the following_ Ua, A conformance plan which identifies the site nonconformities, as well as the cost of individual site improvements: Deferred compliance shall be specific as to what aspects of the project are to be accomplished by when, and by whom. All items that are Sec. 22-. Article IV. Nonconformance, revision Page: 15 of 23 necessary to provide conformance shall be addressed: kM_ Deferred compliance shall not exceed two (2) years from date of approval of the conformance plan or the entitlement which ever conies first: There is no other request for exception proportional or phased compliance: W It is consistent with the city's comprehensive plan and city code: W It is consistent with the public health, safety and welfare: and & There is no deferment for water quality standards. ,L, AgQlicable procedure. Deferred compliance shall be by Process III V. HOUSEKEEPING ITEMS A. On 3 March 1997, the Land Use Committee approved amending the Codes to reflect the requirements of ESHB 1724. This includes the restructuring of the process numbering through which an application is processed. Also clarification is needed to specify the duration during which a change or alteration is made. Section 22-333 Certain nonconformance specifically regulated - Nonconforming procedure, should be amended to read: If the subject property contains a use, aspect, activity or development requiring approval through process +, 11 of-++ II. III. or IV whichwas not approved through any quasi-judicial process under this chapter or any prior applicable zoning provision, that use, aspect, activity or development must be reviewed and approved using the appropriate process under this chapter if: (2) 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 anyone 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 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 Sec. 22, Article IV. Nonconformance, revision Page: 16 of 23 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; B. Clarification is needed to specify the duration during which a change or alteration is made. Sec. 22-336. Same --Nonconforming buffers, should be amended to read: (3) Except 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 one consecutive 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; 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; C. Change to new process numbering designations. Article IV, Sec. 22-340, should be amended to read: (2) Other government regulations. Other than as specified in subsection (1) of this section, the city may, using process * IV, exempt a property or use from any of the requirements of this article if: D. In 1996, Sec. 22-330 (9) -"Junk" was clarified to include "junkyard." Junk and junkyard are now separately defined in Sec. 22-1. In order to clarify this change, Article IV, Section 22-330, should be amended to read: "Article IV, Section 22-330, Immediate compliance with certain provisions required. (a) (9) nonconformance with the provisions in section 22-952 regarding junk and junkyards"; E. There have been questions as to how "gross floor area" is defined and what is the threshold for expanding gross floor area. Currently Ln I expansion of a nonconforming Sec. 22, Article IV. Nonconformance, revision Page: 17 of 23 use triggers the requirement to bring a site, structure, or use into conformance. In the Federal Way code, gross floor area is defined in two ways. 1) "Sec. 22-1 definitions: Gross Floor Area - Gross floor area shall mean the total square footage of all floors, excluding parking area, in a structure measured from either the interior surface of each exterior wall of the structure or, if the structure does not have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area. " and 2) "Sec. 22-1113 (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 months out of every year." Additionally, the Building Division considers gross floor area to be any addition to the exterior dimensions (outside wall) of a building. Building looks at the addition of a bay window as an alteration, if it has no support to the ground. To clarify when expansion of commercial and industrial uses should be considered in the gross floor area, Article IV, Section 22-1113 should be amended to read: Sec. 22-1113. Commercial and industrial uses. (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. To clarify the frequency of a consecutive 12- month period, Article IV, Sec. 22-337 should be amended to read: Article IV, Sec. 22-337. Same -Any other nonconformance. (1) The applicant is making any alteration or changes or doing any work, other than normal maintenance or other than tenant improvements, in any one consecutive 12 -month period to an improvement that is nonconforming 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 addressed or appraised value of that improvement. Sec. 22-. Article IV. Nonconformance, revision Page: 18 of 23 G. To clarify the meaning of buffer, Article IV, Sec. 22-1 should be amended by adding: Buffer shall mean a landscaped strip that may be required to be of a frequency. width, length, location, density and height of planting, as specified by regulations, conditions and/or recommendations of staff. H. There has been some question as to the meaning of "abandoned" in referring to property. Property is defined in Volume 1, General Ordinances, Chapter 1 General Provisions Sec. 1-2 Definitions and rules of construction. "Personal property. The term `personal property' includes every species of property except real property." Further, the term property is defined as "The word `property' shall include real, personal and mixed property." The term real property is defined as ... real property shall include lands, tenements and hereditaments." To clarify the meaning of abandoned, Article IV, Sec. 22-1 should be amended to read: "Abandoned shall mean knowing relinquishment of right or claim to the subject property or structure on that property, by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property [such as sale, loss of lease, eviction etc.l" I. To clarify a reference to buffers in Sec. 22-1402 Buffer Requirements, which refers to a nonexistent Sec. 22-1446, Article IV, Sec. 22- 1402 should be deleted. NMI PUZ.A. Sec_ 22, Article IV. Nonconformance, revision Page: 19 of 23 J. To clarify the duration during which an alteration is being made and to provide consistency with other sections, it is suggested that the word "one" be added to Sec. 22-337. Also, there appears to be unrelated wording about damage in the section. To clarify that section, Sec. 22-337 (1) should be amended to read: 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, these must be brought into conformance if: (1) The applicant is making any alteration or changes or doing any work, other than normal maintenance or other than tenant improvements, in any one consecutive 12 -month period to an improvement that is nonconforming 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 improvement. The applicant may provide an appraisal_ of the 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; K. To clarify what is meant by normal maintenance for signs, it is suggested that Section 22-1 be amended to add: Normal Maintenance - signs may include but not be 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." L. To clarify what is meant by quasi judicial, it is suggested that Section 22-1 be amended to add: Quasi judicial shall mean the Hearing Examiner and the Hearing Examiner process M. Ordinance 91-90 (codified as Article II, Electric, Division 2, Installation, Sec. 16-4) addressing undergrounding of electrical or communications facilities, when read literally seems not to require undergrounding of electrical or communications facilities for non -single family development in single family zones. To clarify the section, it is recommended that Chapter 16, Article II, Electric, Division 2, Sec. 47 (e) be amended to read: Sec. 22-. Article IV. Nonconformance, revision Page: 20 of 23 Sec. 16-47. Same --Rebuilds, replacements and additions. (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. 99-90, § 3(B), 3-99-99) VI. CONCLUSIONS AND RECOMMENDATION There are three categories for review and determination. Staff recommends the following actions: DISCUSSION ITEMS A. Public and private Review and recommend to City Council one of the three options on inclusion of public property in the requirement for nonconformance compliance, as shown on pages 3 and 4. B. Nonconformance Thresholds (page 4) 1. Review with no recommendation, if it is determined that the current varying thresholds represent the intent of the Planning Commission, or 2. Review and recommend to City Council change of thresholds to a consistent number such as 50%, indicating that there is no desire to weight the degree of importance of each type of threshold. C. When Public Improvements Must Be Installed (pages 4 through 6). Review and recommend to City Council deleting Art. XVI Div. 1, Sec. 22-1473, as shown on page 5, and adding new section Art. IV, Sec. 22- - When Public Improvements Must Be Installed, as shown on pages 5 and 6. ALTERNATIVES Review and recommend to City Council, one or more of the Compliance Alternatives (exception, proportional compliance, phased compliance, defer compliance) addressed on pages 6 through 16. If more than one compliance tool is recommended, the Commission should clarify if it intends that an applicant can use only one compliance tool per project. HOUSEKEEPING ITEMS Review and recommend approval to City Council of all 13 "housekeeping" items (A -M), on pages 16 through 21, which do the following: A. Change process numbering to match recent City Council approval, and to Sec. 22-. Article IV. Nonconformance, revision Page: 21 of 23 specify the duration during which a change or alteration is made° B. Clarify duration during which a change or alteration is made C. Change process numbering system reference D. Clarify to add the word junkyard - E. Clarify the term gross floor area - when expansion of commercial and industrial becomes gross floor area. F. Clarify timing of a 12 month period G. Define buffer H. Define abandoned I. Delete reference to a non-existent section regarding buffers J. Clarify duration during which an alteration is made, and to delete irrelevant wording K. Define normal maintenance - signs L. Define quasi-judicial M. Clarify what is exempt from undergrounding of utilities - electrical service. FINDINGS The following preliminary findings are provided to the Planning Commission in support of the recommended code changes. 1. Current nonconformance criteria and thresholds discourage upgrading, remodeling, and bringing sites and structures into conformance, by not allowing options or much flexibility. This in turn can encourage citizens to move to other less restrictive areas 2. Proposed nonconformance criteria and thresholds will encourage upgrading, remodeling and bringing sites and structures into conformance, by allowing options and flexibility. 3. Proposed "housekeeping" changes will clarify specified sections of the code by adding new definitions, changing the process numbering system to the newly approved system 4. Proposed nonconformance criteria will meet the Federal Way Comprehensive Economic Development objectives to: *Redevelop and improve the quality of the mixed use development along Pacific Highway South from South 272nd Street to South 356th Street (1995-2020) *Encourage quality development throughout the City to attract desirable economic development in Federal Way *Maintain and improve the quality and character of the existing residential neighborhoods. Sec. 22-. Article IV. Nonconfonnance, revision Page: 22 of 23 5 Proposed nonconformance criteria will meet the following Federal Way Comprehensive Plan goals: *Develop incentives to encourage desired development in commercial areas, especially in the City Center Core and Frame (LUP55) - *The City will periodically monitor local and regional trends to be able to adjust plans, policies, and programs. (ED17) *The City will actively work with representative groups of business and property owners, including the Chamber and other local business associations, to enhance citywide and subarea improvements and planning (ED 18) Focus on improving the existing character and image of the City Center (CCG6) Sec. 22-. Article IV. Nonconformance, revision Page: 23 of 23 l SEATAC M•A•L•L June 16, 1997 Land Use and Transportation Committee City of Federal Way 33530 1st Way South Federal Way, WA 98003-6221 Dear LUTC Members: Attached is the letter sent to the Planning Commissioners on May 7, 1997 regarding Non conforming Codes. Verbal public testimony was also given on this day. A quick review has been made of Dan Casey's June 10, 1997 letter by Ed Buffaloes. SeaTac Mall's Architect and myself. We concur with Dan Casey's recommendations and specifically show support to the following suggestions: • Extending proportionality to water quality, street improvements, and signs. • Eliminate phrase "It is consistent with public health, safety, and welfare". • Revise proportional formula to be based on square footage. • Eliminating outdoor square footage from consideration. Additionally we support a cap to the formula including the costs incurred hiring consultants to do the planning and developing of the Conformance Plan. "The costs of providing non-conformance upgrades need not exceed 20 percent of the overall costs of the alterations or addition, including the expense of developing the Conformance Plan." Please do not hesitate to call if you have any questions. Sincerely, Elaine C. Mansoor General Manager 1928 South SeaTac Mall -,. Federal Way, WA 98003 Fax (253) 946.1413 Management Office (253) 839-6156 Marketing Office (253) 94 1 -9238 0 l SEATAC - MzA4L5L May 7, 1997 Planning Commissioners City of Federal Way 33530 1st Way South Federal Way, WA 98003-6221 Dear Planning Commissioners: As described in the Findings section of the report, the current Non conforming Codes discourage upgrading, remodeling and small expansions. We appreciate this review process to develop a fair and beneficial code for all parties. Four compliance alternatives are outlined in the report. SeaTac Mall supports the Proportional Method of Compliance. This is the only method that will encourage small projects. This is the most fair and least costly alternative which will invite improvements. The hypothetical examples of attachment "C" are significant projects as a percentage of existing construction. A hypothetical example for a project of 5% would demonstrate the unreasonable costs associated with compliance through use of the other alternatives. In result, projects could be prohibited based on costs even if distributed over a few years. The Proportional Method of Compliance will be fair for a large or small project. The other alternatives will only be beneficial for large projects. SeaTac Mall has had to halt improvement projects requested by tenants since any increase in floor area triggers non conformance. Implementing a threshold of 5% for parking, legal non conforming sign status, buffers, water quality and codes' 22-337 and 22-339 would allow these minuscule but yet attractive and sales generating projects to proceed. The Seattle Land -Use Code defines "Gross floor area" as the number of square feet of total floor area bounded by the inside surface of the exterior wall of the structure as measured at the foot line. We recommend this definition for consideration. Please call if you have any questions. Sincerely, Elaine C. Mansoor General Manager 1928 South SeaTac Mall Federal Way, WA 98003 Fax (253) 946-1413 Management Office (253) 839-6156 Marketing Office (253) 94 1 -9238 DATE: July 14, 1997 TO: Phil Watkins, Chair Land Use/Transportation Committee FROM: Ken Miller, Street Systems Manager KJA SUBJECT: Final Acceptance of the SW Campus Drive and 6th Avenue SW Traffic Signal Contract Background Prior to release of retainage on a Public Works project, the City Council is required to accept the work as complete to meet State Departments of Revenue and Labor and Industries requirements. The final cost for the SW Campus Drive and 6th Avenue SW Traffic Signal project is $515,936.24, which is $31,308.42 below the approved construction contract budget of $547,244.66, including the 10% construction contingency. Recommendation Forward the following item to the August 5, 1997 City Council with the recommendation to approve: 1. Acceptance of Active Construction Inc.'s, SW Campus Drive and 6th avenue SW Traffic Signal Construction contract as complete. KM:jg kA1utc\6thcampAn Meeting Date: 7/21/97 CITY OF G �� FTV DATE: July 11, 1997 TO: Phil Watkins, Chair Land Use/Transportation Committee FROM: Ken Miller, Street Systems Manager Y g SUBJECT: The 1997 Asphalt Overlay Project - Change Ogler At the May 20, 1997, the Council approved the 1997 Asphalt Overlay Project budget and awarded the contract to Lakeside Industries. The following is a recap of the project costs and budget presented at the meeting. Summary of Project Funds Total Available Budget $1,954,000.00 Contract Amount -1,597,987.89 10% Contingency -159,798.79 Construction Administration -85,000.00 Printing and Advertising -7,500.00 In-house Design -51,000.00 Unencumbered Funds $52 7 The project is approximately 50% complete, and the costs are within the original contract budget. Therefore, at least 50% of the contingency funds will not be expended on the project. It is also anticipated that there will be a savings of approximately $20,000 in construction administration, combined with the unencumbered 1997 Asphalt Overlay funds, there is $152,612.77 ($79,899.45 (50% of contingency) + $20,000 (construction administration savings) + $52,713.32 (unencumbered funds)) available for additional work. At the March 4, 1997 City Council meeting, staff presented Council with a proposed list of projects for the 1997 Asphalt Overlay program, which consisted of 13 schedules. Four of those schedules were deleted at the cost estimating stage to keep the project within budget. Due to the excellent bids received as well as the project costs being on budget, staff proposes to add schedules 7 and K (a portion of arterial streets' Schedule E, and residential Schedule F, in the original proposal) back into the program. Staff has received the bids for the two schedules based on contract unit prices from Lakeside Industries, and they are as follows: , 44 7 $43,414.77 K $75,972.75 The estimated total project cost for this additional work is: Change order amount $119,387.52 10% Contingency 11.938.75 Total $131.326.27 Southwest 348th Street Rainier Manor There are sufficient funds available to complete this work, therefore, staff recommends adding these two schedules to the 1997 Asphalt Overlay Project. kelml-Diet� Forward the following recommendations to the August 5, 1997 Council meeting for approval. 1) Approve adding Schedules 7 and K to Lakeside Industries' contract for the 1997 Asphalt Overlay Project in the amount of $119,387.52. 2) Approve a 10% contingency of $11,938.75. KALUT0970LYCO.MEM (PSK) 7/21/97 Mtg