LUTC PKT 10-06-2014MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMITTEE BUSINESS
Topic
Title/ Description
City of Federal Way
Approval of Minutes: September 8, 2014
B.
City Council
Page
S to 4th Ave S)
Land Use /Transportation Committee
Demolition of Structure at 28866 Pacific
Upton
October 6, 2014 City Hall
5:30 p.m. Council Chambers
D.
S 3201h Street (11th PI S to I -5 Limited
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMITTEE BUSINESS
Topic
Title/ Description
A.
Approval of Minutes: September 8, 2014
B.
Nautilus '14 NTS — S 304th Place (Is' Ave
Page
S to 4th Ave S)
C.
Demolition of Structure at 28866 Pacific
Upton
Highway South — Project Acceptance
D.
S 3201h Street (11th PI S to I -5 Limited
5 min
Access) Preservation Project — Project
5
Acceptance
E.
2015 Pedestrian Safety Program —
Authorization to Bid
F.
S 3201h Street — Provision of Honorary
Name of 'Veterans Way"
G.
Amendments to FWRC Title 19 for
October 21, 2014
Marijuana - Related Businesses
Perez 13 Action October 21, 2014 10 min
Consent
Perez 19 Action October 21, 2014 5 min
Consent
Welsh 21 Action October 21, 2014 10 min
Ordinance
4. OTHER
5. FUTURE MEETINGS /AGENDA ITEMS:
The next LUTC meeting will be Monday, November 3, 2014 at 5:30 p.m. in City Hall Council Chambers.
6. ADJOURN
Committee Members
Bob Celski, Chair
Kelly Maloney, Member
Lydia Assefa - Dawson, Member
City Staff
Marwan Salloum P. E., Public Works Director
Shawna Upton, Administrative Assistant II
253- 835 -2703
Action
Presenter
Page
or Info
Council Date
Time
Upton
3
Action
N/A
5 min
Preston
5
Action
October 21, 2014
5 min
Consent
Doucette
9
Action
October 21, 2014
5 min
Consent
Mulkey
11
Action
October 21, 2014
5 min
Consent
Perez 13 Action October 21, 2014 10 min
Consent
Perez 19 Action October 21, 2014 5 min
Consent
Welsh 21 Action October 21, 2014 10 min
Ordinance
4. OTHER
5. FUTURE MEETINGS /AGENDA ITEMS:
The next LUTC meeting will be Monday, November 3, 2014 at 5:30 p.m. in City Hall Council Chambers.
6. ADJOURN
Committee Members
Bob Celski, Chair
Kelly Maloney, Member
Lydia Assefa - Dawson, Member
City Staff
Marwan Salloum P. E., Public Works Director
Shawna Upton, Administrative Assistant II
253- 835 -2703
This page left blank intentionally.
City of Federal Way
City Council
Land Use /Transportation Committee
September 8, 2014 City Hall
5:30 p.m. Council Chambers
MEETING SUMMARY
Committee Members in Attendance: Committee Chair Bob Celski and Committee members Kelly Maloney and Lydia
Assefa- Dawson. Council members in attendance: Deputy Mayor Burbidge.
Staff in Attendance: Public Works Director Marwan Salloum, Deputy City Attorney Ryan Call, City Traffic Engineer Rick
Perez, Interim Streets Manager John Mulkey, Street Systems Engineer Jeff Huynh, Senior Traffic Engineer Erik Preston, and
Administrative Assistant II Shawna Upton.
1. CALL TO ORDER
Committee Chair Celski called the meeting to order at 5:30 PM.
2. PUBLIC COMMENT (3 minutes)
There were no public comments.
3. COMMITTEE BUSINESS
Forward to
Topic Title/ Description Council
A. Approval of Minutes: August 4, 2014 N/A
Committee approved the August 4, 2014, LUTC minutes as presented.
Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0
B. Change Order to NTS Contract for SW 3301h Street Roundabouts September 16, 2014
Consent
Mr. Preston noted that the NTS program holds a two -year contract. The NTS contract is
a two -year contract limited to $80,000. The Council recently approved the Panther Lake
NTS project for $90,000. In order to complete the work in a timely manner, staff has
chosen to use the current contractor. The existing contract needs to be increased by
$90,000 to cover the costs of the Panther Lake NTS project.
Committee forwarded Option #1 as presented.
Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0
C. 2014 Asphalt Overlay Project — Project Acceptance September 16, 2014
Consent
Mr. Huynh noted this project is complete. He presented final project costs which came in
under budget.
Committee forwarded Option #1 as presented.
Moved: Assefa- Dawson Seconded: Maloney
Committee Members
Bob Celski, Chair
Kelly Maloney, Member
Lydia Assefa- Dawson, Member
Passed: Unanimously, 3 -0
City Staff
Marwan Salloum, P. E., Public Works Director
Shawn Upton, Administrative Assistant II
253- 835 -2703
D. 2015 Asphalt Overlay Program Preliminary List and Authorization to Bid September 16, 2014
Consent
Mr. Huynh noted staff has developed a list of recommended streets for the 2015 asphalt
overlay program. At this time, costs are estimated and will be refined as the design of each
schedule is completed.
Committee forwarded Option #1 as presented.
Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0
Lakota Middle School 13th Ave SW Sidewalk Connection Project — Project Acceptance September 16, 2014
Consent
Mr. Mulkey presented this project as complete. The Lakota Middle School 13th Ave SW
Sidewalk Connection project was completed below budget. Mr. Mulkey showed pictures
of the before and after and committee members noted that the improvements look great.
Committee forwarded Option #1 as presented.
Moved: Assefa- Dawson Seconded: Maloney Passed: Unanimously, 3 -0
S328 th St @ 1st Ave S Intersection Improvements — 30% Design Status Report September 16, 2014
Consent
Mr. Mulkey presented a summary of progress to date and addressed ongoing tasks. This
project will construct a traffic signal and a northbound right turn lane at the intersection
of S 328th St and 1st Ave S. The project design is approximate 30% complete. As staff
proceeds with the design of the project, refined costs will be presented to Committee and
Council for further action. This project is not scheduled for construction at this time due
to a need for funding.
Committee forwarded Option #1 as presented.
Moved: Maloney Seconded: Assefa- Dawson Passed: Unanimously, 3 -0
G. S356 th Street — SR99 to SR161 Street Improvement Project — 30% Status Report September 16, 2014
Consent
Mr. Mulkey provided background information on this project noting that it would result in
the construction of a 5 -lane arterial with bike lanes between Pacific Hwy S and Enchanted
Parkway. The project design is approximately 30% complete. Tasks completed, ongoing
tasks and project expenditures were noted. As staff proceeds with the design of the
project, refined costs will be presented to Committee and Council for further action.
Committee forwarded Option #1 as presented.
Moved: Maloney Seconded: Assefa - Dawson Passed: Unanimously, 3 -0
4. OTHER
5. FUTURE MEETINGS /AGENDA ITEMS:
Due to Labor Day, the next LUTC meeting will be Monday, October 6, 2014 at 5:30 p.m. in City Hall Council Chambers.
6. ADJOURN
The meeting adjourned at 6:07 PM.
COMMITTEE APPROVAL:
Bob Celski, Chair
Kelly Maloney, Member
Attest:
Shawna Upton, Administrative Assistant I1
Lydia Assefa - Dawson, Member
Committee Members City Staff
Bob Celski, Chair 4 Marwan Salloum, P. E., Public Works Director
Kelly Maloney, Member Shawna Upton, Administrative Assistant II
Lydia Assefa- Dawson, Member 253- 835 -2703
Subject: Nautilus NTS 2014 — S 304" Pl (1St Ave S to 4t" Ave S)
POLICY QUESTION: Should the Council approve the installation of 2 speed humps on S 3046' P1 between 1St
Ave S and 4th Ave S?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 6, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Erik Preston, P.E. —Senior Traffic Engineer DEPT: Public Works
.......... ............_.....................__............... ......... __.................... ......... _......_............_....._._............_................_._................__._._....................._......_........... ....... ..... ...._._ .................. .. .... .........._........._......................._._........... ............._.._..._._.._....- ....._. _..._.......... .............................._
Attachments: Land Use and Transportation Committee memorandum dated October 6, 2014
Options Considered:
1. Authorize the installation of 2 speed humps on S 304th PI between 15` Ave S and 4th Ave S.
2. Do not authorize the installation of the proposed traffic calming devices and provide direction to staff.
....................................... .......... ............ .-._.._. ........................ . ........ _ ......... _ .......... _ ...... _ ................ ........... _......__ .......... ............ . ......... .._................................... --- .......... ..............-._ ...................................................... _ ......... . ......... __ ...... _......_.................. _..._.. ............... . _.._..__.._......... _ ........ __
MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the October 21, 2014 City Council
Consent Agenda for approval. _ _ k
MAYOR APPROVAL: /� [7/y CTOR APPROVAL
Commit e / un _'
CHIEF OF STAFF: 'd /�J� j/' M y
Co to o
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the October 21, 2014 consent agenda for
approval.
Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member
PROPOSED COUNCIL MOTION: "I move approval of the installation of 2 speed humps on S 304`1` Pl between
IS` Ave S and 4`l` Ave S. "
(BELOW TO BE COMPLETED BYCITYCLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED /DEFERRED /NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/20 10 RESOLUTION #
5
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 6, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Director of Public Works
Erik Preston, P.E., Senior Traffic Engineer
SUBJECT: Nautilus NTS 2014 — S 304'h PI (Is` Ave S to 4`" Ave S)
BACKGROUND:
Residents living along S 304`h P1 between 1" Ave S and 4th Ave S submitted a petition requesting the installation
of traffic calming devices to control vehicle speeds in an effort to improve vehicular and pedestrian safety along
S304 th Pl. A traffic study was conducted and the results are as follows:
• Average Daily Traffic (ADT): 1,049
• 85`x` percentile speed: 32.2 mph
• 5-year Collision History: 2 collisions, 0 injury
Based on the current adopted NTS installation criteria (per Table 1 below), S 304`h Pl scored 3.0 total
severity points. This meets the minimum 3.0 severity point to qualify for the installation of traffic
calming devices.
Table 1
Minor Collector Street NTS Criteria
Point
Scale
85th Percentile
Speed
Average Daily
Traffic (ADT)
Location
School /Park
5 -Year Collision History
Total
Injury
Fatal
0.0
0-25
0 - 1,000
No
1
-
-
0.5
26-27
1,001 —1,800
Yes
2
-
-
1.0
28-29
1,801 — 2,600
-
3
1
-
1.5
30-31
2,601 — 3,400
-
4
-
-
2.0
32-33
3,401 — 4,200
-
5
2
1
2.5
34-35
4,201 — 5,000
-
6
-
-
3.0
36+
5,001+
-
7+
3+
2+
Points
Given
2.0
0.5
0
0.5
0
0
Total Points Scored
3.0
A neighborhood traffic safety meeting was held on August 25, 2014 and was attended by 8 residents. The
attending group consensus was to install two speed humps on S 304`" PI and one traffic circle at the
intersection with 3`d Ave S as spacing and grades allow.
2
October 6, 2014
Mark Twain NTS 2014
Page 2
Traffic Division staff evaluated possible speed hump and traffic circle locations and proposed two speed
humps at the following locations;
1) 111 S 304'' Pl
2) 330 S 304'' PI
The speed table locations were based upon spacing from STOP signs, driveway placement, roadway grade
limitations (less than 8% required), intersection spacing, and placement for optimal effectiveness against
speeding. Proposed speed hump locations have been marked on the street as shown on the attached map. It
was found that a traffic circle at the 3rd Ave S intersection would only be 220 feet from the speed hump at 330
S 304'' PI, much less than the minimum 300 foot spacing recommended. The number of devices also seemed
out -of- proportion to the length of this roadway segment.
In accordance with established NTS policies, staff sent ballots to property owners and occupants within
600 feet of the proposed traffic calming device locations and also to those with the proposal located along
their sole access route. The following table summarizes the ballot results:
Device Traffic Calming
Ballots Sent
125
Ballots Returned
30
24.0%
Undeliverable
11
Yes Votes
26
89%
No Votes
4
11%
Returned w/o Response
0
0%
One of the installation criteria requires a 51% majority approval of the returned ballots. Based on the
ballot results represented in the above table, the balloting exceeds this majority.
The estimated cost of this project is approximately $11,000, which falls within the $15,000 per
neighborhood per year budget limitation policy. The current allocated NTS budget per year is $50,000
with $20,000 designated specifically for school NTS and /or school safety related improvements. Staff
recommends approving the installation of two speed humps on S 304'h P1 between 1St and 4'' Ave S.
The proposed package should be effective in reducing speeds and improving vehicular and pedestrian
safety. However, there may be some negative impacts to the neighborhood including inconvenience,
noise and a slight increase in emergency response time.
cc: Project File
Day File
This page left blank intentionally.
COUNCIL MEETING DATE: October 21, 2014 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: DEMOLITION OF STRUCTURE LOCATED AT 28866 PACIFIC HWY SOUTH — PROJECT ACCEPTANCE
POLICY QUESTION: Should the Council accept the contract for the demolition and removal of the structures located at
28866 Pacific Hwy South to Russ Lloyd Clearing & Demolition as complete?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 6, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Tony Doucette, P.E.,_Surface Water Management Engineer' V DEPT: Public Works
Attachments: Land Use and Transportation Committee memorandum dated October 6, 2014
Options Considered:
1. Authorize final acceptance of the demolition contract for the demolition and removal of the structures
located at 28866 Pacific Hwy South, constructed by Russ Lloyd Clearing & Demolition in the amount of
$44,121.76 as complete.
2. Do not authorize final acceptance of the completed demolition contract for the demolition and removal of
the structures located at 28866 Pacific Hwy South, constructed by Russ Lloyd Clearing & Demolition as
complete and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the October 21, 2014 City Council
Consent Agenda for approyaj. _ h
MAYOR APPROVAL: y��� / /PRECTOR APPROV
om ee o it
CHIEF OF STAFF: `dl.��+ ,dAj-", f"
C0960W Council
COMMITTEE RECOMMENDATION: I move to forward option 1 to the October 21, 2014 City Council Consent Agenda
for approval.
Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member
PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the demolition contract for the demolition
and removal of the structures located at 28866 Pacific Hwy South, constructed by Russ Lloyd Clearing &
Demolition in the amount of $44,121.76 as complete."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
1ST reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 08/12/2010
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 6, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Public Works Director
Tony Doucette , Surface Water Management Engineer'
SUBJECT: Demolition of Structure at 28866 Pacific Hwy South — Project Acceptance
BACKGROUND:
Prior to release of retainage on a Public Works construction project, the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The Demolition of Structure at 28866 Pacific Hwy South Project contract with Russ Lloyd
Clearing and Demolition is complete. The final construction contract amount is $44,121.76. This is
$2,645.46 below the $46,767.22 (including contingency) budget that was approved by the City Council
on August 12, 2014.
cc: Project File
Central File
KALUT02013 \10 -06 -14 2014 DEMOLITION OF STRUCTURE AT 28866 PACIFIC Hwy SOUTH — PROJECT ACCEPTANCE MOC
10
COUNCIL MEETING DATE: October 21, 2014 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: S 320th Street (1 Ith PI South to I -5 Limited Access) Preservation Project — Project Acceptance
POLICY QUESTION: Should the Council accept the S 320th Street (11th PI South to I -5 Limited Access)
Preservation constructed by ICON Materials as complete?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 6, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: John Mulkey, Interim Street Systems Manager5O"`' DEPT: Public Works
Attachments: Memorandum to Land Use and Transportation Committee dated October 6, 2014
Options Considered:
1. Authorize final acceptance of the S 320th Street (11th PI South to I -5 Limited Access) Preservation
Project constructed by Miles Resources, LLC, in the amount of $1,112,647.73 as complete.
2. Do not authorize final acceptance of the completed S 320th Street (11th PI South to I -5 Limited Access)
Preservation Project constructed by Miles . ................................... .........
MAYOR'S RECOMMENDATION: The mayor recommends Option 1 be forwarded to the October 21, 2014
Council Consent Agenda for ap-proval. A
MAYOR APPROVAL: `J c[RECTOR APPROVAL:
Co i tee �I/Dal,��,7/5/
Initial /Date I
CHIEF OF STAFF: ZD , x y ,d %/iy�itl�h
Committee Council
Initial /Date Initial /Date
COMMITTEE RECOMMENDATION: I move to forward Option I to the October 21, 2014 Council Consent
Agenda for approval.
Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member
PROPOSED COUNCIL MOTION: "I move approval offinal acceptance of the S 320th Street (11th PI South to
I -S Limited Access) Preservation Project constructed by Miles Resources, LLC, in the amount of
$1,112,647.23 as complete. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
IsT reading
❑ TABLED /DEFERRED /NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED - 02/06/2006
RESOLUTION #
11
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 6, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
Marwan Salloum, P.E., Public Works Director
FROM: John Mulkey, Interim Street Systems Manager��
SUBJECT: S 320th Street (11th P1 South to 1 -5 Limited Access) Preservation Project — Project
BACKGROUND:
Prior to release of retainage on a Public Works construction project, the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The S 320th Street (11th PI South to I -5 Limited Access) Preservation Project contract
with Miles Resources, LLC, dba Woodworth and Company is complete. The fmal construction contract
amount is $1,112,647.73. This is $207,336.61 below the $1,319,984.34 (including contingency) budget
that was approved by the City Council on March 18, 2014.
cc: Project File
Central File
K: \LUTC\2014 \10 -06 -14 S 320th Street (I I th PI South to 1 -5 Limited Access) Preservation Project - Project Acceptance.doc
12
SUBJECT: 2015 PEDESTRIAN SAFETY PROGRAM — AUTHORIZATION TO BID
POLICY QUESTION: Should City Council approve the revisions to the Pedestrian Safety Program criteria and
authorize for bid the proposed list of projects for 2015?
COMMITTEE: Land Use / Transportation MEETING DATE: October 6, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Rick Perez P.E. City raffic Engineer DEPT: Public Works
--- ......................_........................................._....----........_....._._...-...................................... ............r................_Y ..................... ........................ ........ ...... .................. ......................... ..... ... .................... .............'.. ... .................... ....... ...... .... ...... ... ....... _. .......
._......_..-
Attachments: Memorandum to Land Use and Transportation Committee dated October 6, 2014
Options Considered:
1. Approve the use of prioritization criteria amendments for pedestrian crossing improvements and
authorize staff to bid the proposed projects for 2015.
2. Do not approve the use of prioritization criteria amendments for pedestrian crossing improvements and
authorize staff to bid the proposed projects for 2015 and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the October 21, 2014 City
Council Consent Agenda f9payproval. _1--., \ 1
MAYOR APPROVAL:
CHIEF OF STAFF: v .9r+
9,yy Council
DIRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: I move to forward Option I to approve the use of prioritization criteria
amendments for pedestrian crossing improvements and authorize staff to bid the proposed projects for 2015 to the
October 21, 2014 consent agenda for approval.
Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member
PROPOSED COUNCIL MOTION: "I move approval of Option I to approve the use of prioritization criteria
amendments for pedestrian crossing improvements and authorize staff to bid the proposed projects for 2015 to
the October 21, 2014 consent agenda for approval. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 15T reading
❑ TABLED /DEFERRED /NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 08/12/20 10 RESOLUTION #
13
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 6, 2014
TO: Land Use / Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P.E., Director of Public Works
Rick Perez, P.E., City Traffic Engineer C
SUBJECT: 2015 Pedestrian Safety Program — Authorization to Bid
BACKGROUND:
In December of 2009, the City Council authorized staff to create a "Citywide Pedestrian Improvements
Project" funded by gas tax revenue dedicated to transportation safety improvements. Based upon the
developed prioritization program, eight rectangular rapid flashing beacon (RRFB) installations were
constructed in the spring and summer of 2011 bringing the total number of RRFB systems to 13. Since
then, six more have added by capital projects, the School Zone Enhancement Program, and developer
mitigation. The program was placed on hold in 2012 by the Mayor. Recent Council inquiries have
prompted staff to investigate reinstating the program.
The intention of the Citywide Pedestrian Safety Improvements Program as currently implemented is to
improve safety for pedestrians crossing roadways. Pedestrian collision history shows where past
collisions have occurred and where a need for further safety measures exists. Documented pedestrian
collision history is a critical component of the prioritization criteria and thus has been weighted on a scale
double that of the other criteria. At locations where existing flashing beacon systems are installed, only
collision data following the installation is analyzed.
Based upon the previously established criteria with some modifications (indicated in red) to further refine
the selection criteria, staff have identified and evaluated criteria to recommend further locations for RRFB
installations in 2012. Criteria and weight were given to determine potential locations where pedestrian
crossings are most likely to occur, and existing locations where RRFB's would provide additional
pedestrian safety.
Point
Scale
Collision Rate
Per Year
Total
Fatal
0
-
1
0.1
-
2
0.2
-
3
0.3
-
4
0.4
0.1
5
0.5
-
6
0.6+
0.2+
14
October 6, 2014
Land Use and Transportation Committee
2015 Pedestrian Safety Program — Authorization to Bid
Page 2
Existing roadway, traffic and crosswalk location criteria had been developed and approved by Council.
Locations with greater crossing distances and higher traffic volumes were scored higher as such
conditions determine a higher need for pedestrian safety features. Locations where the roadway cross -
section is greater than 79 feet were not considered for placement of mid -block pedestrian crossings.
These locations consist exclusively of cross - sections with HOV lanes. The pedestrian crossing distance at
such locations is too great to conclude that an RRFB system would provide for adequate pedestrian
safety. Distance to the nearest marked pedestrian crosswalk determines if alternate pedestrian crossings
are available in the vicinity and the likelihood that a new or improved crosswalk would generate more
pedestrian traffic.
Criteria were established to determine locations in which pedestrians were likely to use a marked
crosswalk as well as locations which tend to be utilized by more vulnerable pedestrians. These criteria
included frontage to schools or the presence of safe walking routes to schools. Safe walking routes are
designated by school districts for Elementary Schools and Middle Schools. Feasible walking routes for
High Schools were also considered. Adjoining Land Uses were considered based upon land uses which
would tend to attract more pedestrians.
Point
Roadway & Traffic
Crosswalks
Point
Scale
Roadway
Crossing
Width (ft) **
Average Daily
Traffic (ADT /Lane)
Distance to Nearest (ft)
Existing Marked
Crosswalk
0
0 - 24
0 - 1499
0 - 299
0.5
25 - 34
1500 - 2499
300 - 599
1
35 - 44
2500 - 3499
600 - 899
1.5
45 - 54
3500 - 4499
900 - 1199
2
55 - 64
4500 - 5499
1200 - 1499
2.5
65 - 74
5500 - 6499
1500 - 1799
3
75 - 79
6500+
1800+
Criteria were established to determine locations in which pedestrians were likely to use a marked
crosswalk as well as locations which tend to be utilized by more vulnerable pedestrians. These criteria
included frontage to schools or the presence of safe walking routes to schools. Safe walking routes are
designated by school districts for Elementary Schools and Middle Schools. Feasible walking routes for
High Schools were also considered. Adjoining Land Uses were considered based upon land uses which
would tend to attract more pedestrians.
Point
School Frontage or
Parks, Recreation & Libraries
Adjoining Land Uses
Scale
Safe Walking Routes
0
-
-
-
0.5
Potential High School
Private Indoor Recreational Facilities &
Business Park & Office
Walking Route
Private Outdoor < 25 acres
1
High School Frontage
FW Open Space < 25 acres & Private
Community Business
Outdoor Recreation > 25 acres
1.5
Middle School Walking
FW Open Space > 25 acres & State
Single Family Residential
Route
Parks /Lands
2
Middle School
Dumas Bay Center Senior Center, KC
Multi- Family Residential
Frontage
Aquatic Center & Weyerhaeuser Trails
2.5
Designated Elementary
FW Neighborhood Parks
Neighborhood Business
School Safe Route
Elementary School
FW Community Parks, FW Designated
City Center Core &
3
Frontage
Trails, FW Community Center & KC
Frame
Libraries
15
October 6, 2014
Land Use and Transportation Committee
2015 Pedestrian Safety Program — Authorization to Bid
Page 3
Existing Transit Ridership Data for Bus Stops in the immediate vicinity along with nearby bus stops were
considered as riders are likely to cross the roadway to get to /from a stop. King County Metro does not
collect data for Dial a Ride Transit (DART) stops thus daily ridership assumptions were made for these
stop locations. Evaluation of bus stop locations will be performed for selected locations and coordination
will occur between the City and affected transit agencies to determine if modifications to stop locations
are desired.
Point
Scale
Existing Transit Ridership Data
Riders per Weekday
Bus Stops
within 400 ft.
Bus Stops within
1/3 mile
0
0 - 14
0 - 29
0.5
15 - 29
30 - 59
1
30 - 44
60 - 89
1.5
45 - 59
90 - 119
2
60 - 74
120 - 149
2.5
75 - 89
150 - 179
3
90+
180+
Based upon this criteria weighting system, a prioritized location list was created. Existing locations with
pedestrian crossing treatments were analyzed to check the validity of the criteria and to determine if any
upgrade of the system to an RRFB installation was warranted.
Based upon the previously mentioned prioritization list, 72 locations were reviewed for analysis. Based
upon the preliminary cost estimates, locations were re- scored for cost feasibility.
Point
Scale
Preliminary Cost Estimate
($)
-1.5
+
$50,001
-1.0
$50,000
-
$35,001
-0.5
$35,000
-
$30,001
0.0
$30,000
-
$25,001
0.5
$25,000
-
$20,001
1.0
$20,000
-
$15,001
1.5
$15,000
-
$0
An additional 1.5 points was also considered for locations where desired countermeasures would address
vehicular safety issues. Countermeasures could include restriping to provide two -way left turn lanes,
designated bus stops or right turn lanes, and addition of c- curbing to restrict vehicular movements which
have already been restricted via signage. No scores were given for short listed locations.
The following is a priority location list of the highest ranking existing, future and potential locations and
their respective point totals. Over seventy pedestrian crosswalk locations were evaluated including those
16
October 6, 2014
Land Use and Transportation Committee
2015 Pedestrian Safety Program — Authorization to Bid
Page 4
with existing midblock crossings, locations where past pedestrian accidents have occurred and locations
where citizens have in the past expressed a desire for mid -block pedestrian crosswalks.
Priority
Number
Proposed Installation
Street
Reference Location
Total
Points
Preliminary
Cost
Estimate
Recommended for Construction in 2015
1
1St Way S
1St Place S
Northeast Leg
20.5
$22,500
2
SW Dash Point Road
SW 306 Street /
12th Avenue SW
Southwest Leg
15.5
$23,500
2
SW 3201 Street
36t Avenue SW
315 ft West
15.5
$22,250
4
SW 320 Street
SW 323rd Street
500 ft East
13.0
$27,250
4
19t Avenue SW
SW 3401 Street
410 ft North
13.0
$21,500
6
SW 320 Street
3r Place SW
200 ft West
12.5
$42,513
7
SW 3301 Street
West Campus Trail
12.0
$15,500
8
S32 ot Street
5t Avenue S
220 ft West
11.5
$47,452
9
1st Way S
S 3401 Street
410 ft North
11.0
$37,996
Sub -Total Schedules =
$226,258
10% Construction Contingency
$22,626
Construction Administration
$45,251
Printing of Advertisement
$3,500
Estimated Total
$297,635
Potential Locations for Construction in 2016
9
SW 325 Place
13 Avenue SW
East Leg
11.0
$15,958
11
SW 3201 Street
18t Avenue SW
200 ft East
10.5
$37,815
11
Hoyt Road SW
SW 3291 Way
North Leg
10.5
$23,500
11
SW 3121 Street
4 Ave SW
310 ft West
10.5
$21,500
11
21St Avenue SW
SW 3071 Street
South Leg
10.5
$17,500
11
SW 356 Street
18t Avenue SW
West Leg
10.5
$38,600
11
Hoyt Road SW
SW 3261 Street
South Leg
10.5
$23,500
11
12th Avenue SW
SW 344 Street /
BPA Trail
South Leg
10.5
$21,500
11
16t Avenue SW
SW 3061 Street
North Leg
10.5
$23,500
Sub -Total Schedules =
$223,373
10% Construction Contingency
$22,337
Construction Administration
$44,674
Printing of Advertisement
$3,500
Estimated Total
$293,884
The estimated cost of $297,635 is a preliminary figure used for estimating purposes only and includes
construction administration, construction contingency, printing and advertising. The program would be
funded from the Transportation Safety Fund, established by the Council in 2005 with revenue from the
additional 0.5 cents in fuel tax that cities received in that year's fuel tax increase. This source generates
approximately $320,000 annually.
17
October 6, 2014
Land Use and Transportation Committee
2015 Pedestrian Safety Program — Authorization to Bid
Page 5
Once Council approves the list of locations for the 2015 Citywide Pedestrian Safety Improvements
Program, staff will begin the project design. The anticipated date for advertisement is January 2015 with
construction beginning in May 2015. Staff would present a final recommendation for 2016 in Fall 2015.
One issue that Council may want to consider is "how much is enough ". The criteria understandably place
a high priority on crossing major arterials where transit ridership exists. However, the result is that these
crossings will be placed roughly every quarter mile on S and SW 320`h Street. Similarly, the adopted
criteria have no minimum score. At some point in the future, pedestrian safety may be better served by
extending sidewalk than establishing additional crossing locations. As such, staff may propose a
minimum score to qualify for future installations, as we currently have for traffic calming projects.
Staff will also continue to pursue other funding sources to procure pedestrian improvement installations
through existing and future grant funding programs.
cc: Project File
Day File
18
SUBJECT: S 320th Street — Provision of honorary name of "Veterans Way ".
POLICY QUESTION: Should the Council authorize provision of the honorary name of "Veterans Way" to S 320`
Street between I -5 and 11th Place South and authorize the purchase and installation of street name Signs?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 6, 2014
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer DEPT: Public Works
Attachments: Memorandum to Land Use and Transportation Committee dated October 6, 2014
Options Considered:
1. Authorize the provision of the honorary name "Veterans Way" to S 320th Street between I -5 and 11 th
Place South and authorize the mayor to purchase and install new street name signs reflecting the honorary
name.
2. Do not authorize the provision of an honorary name for S 320`'' Street and provide direction to staff.
.....__..._ ..................._ ..... _....... .....P.._........ _._.............. ..............__............... _ ............. ..........._........__.. .........._._......... ._....... ........... _
MAYOR'S RECOMMENDATION: The mayor recommends Option 1 be forwarded to the October 21, 2014
Council Consent Agenda fl"proval.
MAYOR APPROVAL:
CHIEF OF STAFF:
ttee Council
InitialiDate Initial/Date
Council
DIRECTOR APPROVAL:
COMMITTEE RECOMMENDATION: I move to forward Option I to the October 21, 2014 Council Consent
Agenda for approval.
Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member
PROPOSED COUNCIL MOTION: "I move to authorize the provision of the honorary name "Veterans Way" to
S 320ii` Street between I -5 and 11 `h Place S and authorize the Mayor to purchase and install new street name
signs.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1ST reading
❑ TABLED /DEFERRED /NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 02/06/2006 RESOLUTION #
19
CITY OF FEDERAL WAY
MEMORANDUM
DATE: October 6, 2014
TO: Land Use and Transportation Committee
VIA: Jim Ferrell, Mayor
FROM: Marwan Salloum, P. ublic Works Director
Rick Perez, P.E., City Traffic Engineer
SUBJECT: S 3201h Street - Provision of honorary name of "Veterans Way ".
BACKGROUND
The Mayor has requested that S 3201h Street be provided an honorary name of "Veterans Way" between I-
5 and 11 `h Place S. The purpose of the honorary name is to provide for a memorial to those who have
served the City of Federal Way, the State and our Country, giving their lives to protect our freedoms. The
timing of the naming will complement the installation of the new flag pole and flags along S 320`h Street.
The Mayor is requesting for provision of the honorary name of Veterans Way and approval to purchase
and install new street signs. A total of 12 signs will be installed to replace the existing Signs on S 3201h
Street between I -5 and 11`h Place S. King County will fabricate and install the signs by November 10,
2014 in order to be in place for the dedication of the flag poles on November 11, 2014.
The Mayor has selected the preferred design template for these signs, which is in keeping with the design
already used for Historical name signs currently in use:
Cc: Day File
20
COUNCIL MEETING DATE: October 21, 2014 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: Proposed amendments to the Federal Way Revised Code (FWRC) related to the siting of
marijuana- related businesses.
POLICY QUESTION: Should the City prohibit the siting of marijuana - related businesses?
COMMITTEE: LUTC MEETING DATE: October 6, 2014
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stacey Welsh Associate Planner DEPT: CD
_..._.........._._....- --.....-_..._.... ........— �'..__......_._.._.._r _......_..... _- ..........._..... - - - -- ......_...._........__.._. ............. _- .- .._..._._.._..._........... -- ....._ - -..._ - -- - ._._._._.__.. - -- - ...... __.... - - - -- - --
Attachments: 1) Staff Memo to the LUTC; 2) Draft Ordinance; 3) September 17, 2014 Staff Report to the Planning
Commission with Exhibits A -D; 4) August 20, 2014 Staff Report to the Planning Commission with Exhibits; 5) Draft
Minutes of the September 17, 2014 Planning Commission Public Hearing; and 6) Minutes of the August 20 , 2014
Planning Commission Study Session; and 7) Comment letter from George Garrett dated September 17, 2014.
Options Considered: 1) Adopt the Planning Commission's recommendation as shown in the Draft Ordinance; 2) Adopt
the Planning Commission's recommendation as further amended by the LUTC; 3) Do not adopt the Planning
Commission's recommendation.
PLANNING COMMISSION'S RECOMMENDATION: The Planning Commission recommends prohibiting
marijuana- related businessea within the city limits expressed in the Draft Ordinance.
MAYOR APPROVAL: _6J_1 &r L D /,D RECTOR APPROVAL:
YJ
Commi a uncil c7!
CHIEF OF STAFF: -4171--
47 P
COMMITTEE RECOMMENDATI : I move to forward the proposed ordinance to First Reading and Enactment
on October 21, 2014.
Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member
PROPOSED COUNCIL MOTION(S):
"I move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 08/12/2010 RESOLUTION #
21
CITY OF FEDERAL WAY
MEMORANDUM
DATE: September 24, 2014
TO: Land Use and Transpo tion Committee /
VIA: Jim Ferrell, Mayor
FROM: Janet Shull, Senior anne G y/
SUBJECT: Marijuana Related Busin es,
BACKGROUND:
On November 5, 2013, the City Council enacted a moratorium on marijuana- related land uses. The
moratorium is due to expire on November 5, 2014.
Staff conducted research on the potential implications of siting marijuana - related businesses as allowed
under Initiative 502 (I -502) if the City Council were decide to allow such uses within Federal Way.
A summary of the research findings and recommendations for amending the Federal Way Revised Code
(FWRC) Chapter 19 — Zoning to allow for marijuana- related businesses can be found in Staff Reports to
the Planning Commission dated September 17 and August 20, 2014 and attached to the Council Agenda
Bill as Attachments 3 and 4 respectively.
The staff recommendations for allowing marijuana - related uses were aligned with the requirements of I-
502 and the Washington State Liquor Control Board ( WSLCB).
Preliminary recommendations were reviewed with the Planning Commission at a study session conducted
on August 20, 2014. At the conclusion of the study session, staff was directed to proceed with
development of final recommendations for siting of marijuana- related businesses to be considered during
a public hearing.
Final staff recommendations were presented during the public hearing held on September 17, 2014.
There was no public testimony, but one letter was submitted for the record on behalf of George Garrett
(Attachment 7). Mr. Garrett is one of three WSLCB lottery winners in Federal Way and desires to
operate a marijuana retail business.
At the public hearing, the Planning Commission discussed the staff recommendation and had some
concerns regarding the application of state - required separation standards of sensitive land uses from
marijuana- related businesses. Discussion focused on whether or not there should be additional use
categories added to the state - mandated requirements (churches and group homes type III). Following the
discussion, a motion was made and seconded to ban marijuana - related uses in Federal Way. There was no
discussion following the motion. The vote was taken, and the motion passed 5 to 1.
Therefore, the recommendation before the LUTC is to prohibit marijuana - related businesses in Federal
Way. A draft Ordinance (Attachment 2) has been prepared based on this recommendation.
Staff would like to point out that the draft regulations only pertain to marijuana - related businesses, and
therefore may not address all medical marijuana uses currently allowed under state law. At the time of
22
ATTACHMENT 1
September 24, 2014
Land Use and Transportation Committee
Page 2
enactment of the moratorium, there was an expectation that there would be further guidance from the state
regarding medical marijuana uses, but that guidance was not forthcoming. Therefore, staff proceeded with
land use regulations for the marijuana- related uses governed by I -502.
The planning commission recommendation before the LUTC is for a ban on marijuana- related businesses.
There may be a question as to whether or not the ban would specifically apply to medical marijuana
dispensaries.
If the LUTC would like to recommend to the City Council that the ban also specifically address medical
marijuana dispensaries, then staff recommends that the LUTC direct staff to amend Section 1 of the draft
ordinance to read as follows:
"Section 1. Recreational and medical marijuana- related businesses such as marijuana
production, processing or retail sales, including medical marijuana dispensaries, as may be
allowed by State Law, are expressly prohibited from locating or operating in any zone within the
City of Federal Way."
The ban would not apply to medical marijuana collective gardens as authorized by RCW 69.51A:085.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommends prohibiting marijuana - related businesses within the city as
expressed in the Draft Ordinance.
LUTC OPTIONS:
The LUTC has the following options:
1. Recommend adoption of the Planning Commission's recommendations as shown in the Draft
Ordinance;
2. Recommend adoption of the Planning Commission's recommendation as further amended by the
LUTC; or
3. Do not recommend adopting the Planning Commission's recommendations.
cc: Project File
Day File
23
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to prohibiting all marijuana- related businesses including retail,
production and processing.
WHEREAS, in November 2012, Washington State voters approved Initiative 502 (1 -502),
codified in RCW Chapter 69.50, which "authorizes the Washington State Liquor Control Board to
regulate and tax marijuana for persons twenty -one years of age and older," and license marijuana
producers, processors, and retailors; and
WHEREAS, on November 5, 2013 the City of Federal Way City Council passed Ordinance NO.
13 -749 imposing a one year moratorium on marijuana collective gardens and other activities involved in
the sale, manufacturing, or distribution of marijuana to allow for time to determine how best to respond to
I -502 within the City; and
WHEREAS, the proposed Washington State Liquor Control Board recreational marijuana rules
do not affect local zoning and building regulations, but do place location restrictions on recreational
marijuana businesses; and
WHEREAS, staff prepared draft code amendments related to the siting of marijuana- related
businesses, including marijuana production, processing and retail sales; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for
the draft code amendments on September 5, 2014, and no comments or appeals were received and the
DNS was finalized on October 3, 2014; and
WHEREAS, the Planning Commission conducted a public workshop on the proposed code
amendments, on August 20, 2014; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these
code amendments on September 17, 2014; and
Ordinance No. 14-
24
Page I of 3
Rev 1 /10LU
ATTACHMENT 2
WHEREAS, during the public hearing, the Planning Commission discussed the proposed code
amendments and identified concerns regarding the relationship of marijuana - related businesses with other
permitted uses that could potentially locate near them; and
WHEREAS, following discussion of the proposed code amendments, the Planning Commission
voted to forward a recommendation to prohibit marijuana- related businesses in the city to the City
Council; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council
considered the Planning Commission's recommendation on October 6, 2014, and recommended adoption
of the Planning Commission recommendation; and
WHEREAS, the City Council finds that prohibiting marijuana- related businesses, including
marijuana production, processing and retail sales, as a land use is in the best interest of the citizens of the
City of Federal Way; and
WHEREAS, on January 16, 2014, the Washington State Attorney General issued an opinion
(AGO 2014 -2) offering the opinion that Initiative 502 does not preempt counties, cities and towns from
banning marijuana production, processing and retail businesses within their jurisdictions, and concluding
that the issuance of a license from the Liquor Control Board does not entitle licensees to locate or operate
a marijuana production, processing or retail business in violation of local rules or without necessary
approval from local jurisdictions, concluding that local jurisdictions are permitted under the law to
prohibit such activities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Marijuana- related businesses, such as marijuana production, processing or retail sales,
as may be allowed by State Law are expressly prohibited from locating or operating in any zone within
the City of Federal Way.
Section 2._Severabili1y. 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
Ordinance No. 14- Page 2 of 3
Rev 1 /10 LU
25
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 any other persons or circumstances.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical
errors, references, ordinance numbering, section/subsection numbers, and any references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way this 21" day of October, 2014.
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
ATTEST:
CITY CLERK, STEPHANIE COURTNEY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 14-
26
Page 3 of 3
Rev 1 /10LU
A�k
CITY OF
Federal Way
STAFF REPORT TO THE PLANNING COMMISSION
Amendments to Federal Way Revised Code (FWRQ
Pertaining to Marijuana- Related Businesses
Revised Sections 19.05.13019.05.180 and 19.05.210; New Sections 19.220.150,
19.240.190, and 19.280 et seq. "Marijuana Related Businesses"
File No. 14- 102659 -00 -UP
Public Hearing of September 17, 2014
I. BACKGROUND
In November of 2012, Washington voters approved I -502 legalizing the possession of limited
amounts of marijuana. According to King County election data, 63.5% of King County voters voted
in favor of I -502. Statewide, the initiative passed with an approval rate of 55.7 %. In the City of
Federal Way, the approval rate was 53 %. The initiative:
• Legalizes the use of marijuana by people 21 years or older. They may possess up to one
ounce of marijuana, 16 ounces of marijuana - infused product in solid form, and 72
ounces of marijuana - infused product in liquid form.
• Specifies that only state - licensed marijuana production, processing, and sale of
marijuana are permitted.
• Requires licensed facilities to be at least 1,000 feet from schools, playgrounds,
recreation centers, child care centers, public parks, public transit centers, libraries, and
arcades.
• Limits signage to a maximum of one that is no larger than 11 square feet in area.
• Prohibits retail facilities from:
• Displaying marijuana or marijuana products so they are visible from the public
right -of -way;
• Selling anything other than marijuana, marijuana - infused products, and
paraphernalia.
• Prohibits, for all recreational marijuana facilities, the following activities:
• Advertising, in any medium, within 1,000 feet of any school, playground,
recreation center, child care center, public park, transit center, library, or arcade.
• Advertising on publically -owned or operated property, or within a public transit
vehicle or shelter.
• Prohibits on- premises consumption.
• Establishes a standard for driving under the influence of marijuana.
FWRC Code Amendments — Marijuana- Related Businesses File 14- 102659 -00 -UP
September 17, 2014; Planning Commission Public Hearing Page 1 of 10
27
ATTACHMENT 3
How many retail, producer, and /or processer businesses may be located in Federal Way?
• State law specifies that no more than three retail outlets may be allowed within the Federal Way
city limits.
• A retailer may only be a retailer (not also a producer and /or processor).
• A licensee may hold a producer and processor license together, but they must apply for two
separate licenses, one for producer and one for processor.
• There is currently no limit on the number of producer or processor businesses under state law.
What is the current status of applications for marijuana- related businesses in Federal Way?
Information on the proposed number and location of marijuana - related businesses is available from
the Washington State Liquor Control Board ( WSLCB). As stated above, the state will only license up
to three retail operations in Federal Way. This number is based on population the greater the
population, the greater number of potential retail businesses within a city. There are currently 15
businesses within the city limits listed as applying for a state license, but no more than three will be
able to obtain a license. The WSLCB did conduct a lottery to determine priority ranking for proposed
businesses within each jurisdiction, subject to the business meeting all the local regulations. If the
proposed businesses with a lottery ranking of # 1, 2, or 3 are unable to obtain local approval for
example, then businesses ranked 4, 5, etc. would be the next eligible for the three licenses, and so on
until either three licenses are successfully issued, or all proposals have been exhausted. (See maps on
pages 6 and 7 for the proposed retail business locations.)
How have other jurisdictions' responded to I -502?
The Municipal Research Services Center (MRSC) maintains a web page with the most recent white
papers, links to the WSLCB, and relative WACs and RCWs related to marijuana businesses.
The MRSC maintains a table with the status of local jurisdictions' response to I -502 to date. Staff
reviewed the table available online at http_ / /www.mrse.org/subiects /legal /502 /recmariivana.aspx at the
time of the preparation of this staff report. Currently, some jurisdictions have a moratorium in place
related to marijuana and are presumably conducting study of the issue. Other jurisdictions have
recently adopted regulations in response to I -502, while a handful of jurisdictions have adopted interim
regulations.
Some jurisdictions have implemented a ban on marijuana- related businesses. This option is allowed
per the opinion of the State Attorney General's office (http:// insight .mrsc.org/2014 /01. /16 /state-
attorney- general - sans -ei. ties -and- counties- can - ban - recreational - marijuana - uses. However, the State
Attorney General's opinion is not binding on the state courts. Some jurisdictions that have banned
recreational marijuana have been challenged. Most recently in the news has been the City of Fife. Fife
was sued by a potential business owner for banning marijuana- related businesses. On August 29,
2014, the Pierce County Superior Court judge ruled in favor of Fife's ban based on the same finding
as the State Attorney General's office —that I -502 does not preclude local jurisdictions banning
marijuana- related businesses. However, the party that filed the suit has indicated they will appeal the
decision and take the case all the way to the Supreme Court if necessary.
FWRC Code Amendments— Marijuana- Related Businesses File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing 28 Page 2 of 10
The following table contains a sample list of other jurisdictions status related to marijuana- related
businesses taken from the MRSC table referenced above.
Table 1
Jurisdictions' Status Related to Marijuana- Related Business Re ulation
STATUS
Ban
Moratorium
Interim Zoning
Zoning Enacted
JURISDICTION
Fife
Auburn
Bellevue
Burien
Lakewood
Bainbridge Island
Bellingham
Centralia
Pasco
King County
Everett
Des Moines
Pierce County
Edmonds
Kirkland
Gig Harbor
Richland
Kennewick
Lynnwood
Issaquah
Sea Tac
Kent
Tacoma
Moses Lake
Yakima
Longview
Walla Walla
Mountlake Terrace
Mill Creek
Mount Vernon
Milton
Mukilteo
Puyallup
Pullman
Redmond
Seattle
Renton
Spokane
Sammamish
Spokane Valley
Snohomish
Tukwila
University Place
Tumwater
Woodinville
Vancouver
In preparation of the draft regulations attached to this report, staff reviewed other jurisdictions' adopted
regulations (zoning enacted). In review of the adopted regulations, the following common elements
were noted:
Most jurisdictions do not allow outdoor growing of marijuana.
Most jurisdictions have adopted the state's definitions contained in RCW 69.50. 101 for:
o Marijuana;
o Marijuana processor;
o Marijuana producer;
o Marijuana retailer;
o Marijuana - infused products;
o Retail marijuana outlet; and
o Usable marijuana.
Most jurisdictions have adopted the state - required separation standards from sensitive uses.
Most jurisdictions do not allow marijuana- related businesses within residential zoning districts.
Most jurisdictions clearly reference the state licensing requirements and other business - related
requirements for signage, advertising, etc.
II. PROPOSED CODE AMENDMENTS
This section provides a summary of the proposed code amendments. The proposed zoning code text is
attached as Exhibits A -D.
Based on the review of existing comprehensive plan and zoning code language, state law, and other
jurisdictions treatment of marijuana- related businesses, this section identifies staff's recommendations
for zoning code amendments that would allow these uses in specific zoning districts subject to
applicable development regulations.
FWRC Code Amendments — Marijuana - Related Businesses
September 17, 2014, Planning Commission Public Hearing
29
File 14- 102659 -00 -UP
Page 3 of 10
1. Appropriate zones for maryuana- related businesses.
Staff recommends that marijuana- related businesses be allowed in the Community Business (BC)
and Commercial Enterprise (CE) zones. The BC and CE zones are two of the commercial zoning
districts in the city that have land area that is greater than 1,000 feet from one or more sensitive
land uses (see discussion of separation standards in Section 2 below). Specifically, staff
recommends that retail marijuana businesses be allowed in both the BC and CE zones and that
producer and processor businesses be allowed in the CE zone only. The table below summarizes the
proposed allowable zones for the siting of marijuana - related businesses in Federal Way.
Table 2
Marijuana - Related Businesses in Federal Way Zoning Districts
Type
SE
RS
RM
PO
BN
BC
CC -C
CC -F
OP
CE
Retailer Businesses
P
P
Producer Businesses
P
Processor Businesses
P
Note: P = Permitted. For comparison, commercial zones that currently allow for liquor stores are BN, CC -C,
and CC -F in addition to BC and CE zones.
With regard to marijuana- related retail businesses, staff is recommending they only be allowed in
the BC and CE zones as they are more auto - oriented retail zones, and therefore, less likely to be
developed over time with sensitive and family- friendly land uses such as parks and schools. The
Neighborhood Business (BN) and City Center -Core and -Frame (CC -C and CC -F) zones are more
likely to be developed with sensitive land uses and mixed use, pedestrian- oriented development
over time, and therefore, would be less compatible with marijuana - related businesses in light of
state licensing and operation requirements.
The reason that the producer and processor businesses are only recommended to be allowed in the
CE zone, is that the CE zone allows for larger- scale, big box, and light industrial type uses. The
growing of marijuana is anticipated to require larger site sizes, large buildings or greenhouse
structures, and have greater water and energy usage, and wastewater and solid waste production.
Marijuana production and processing would be considered most similar to light manufacturing
uses and the CE zone is the only zone in the city that allows such a use outright.
2. Appropriate separation standards for maryuana- related businesses.
Staff is recommending that Federal Way adopt the state mandated separation standards from
sensitive land uses. Under I -502, recreational marijuana licensed business cannot be within 1,000
feet of the perimeter of the grounds of any of the following entities:
1. Elementary or secondary school;
2. Playground;
3. Recreational center or facility;
4. Child care center;
5. Public park;
FWRC Code Amendments — Marijuana - Related Businesses File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing 30 Page 4 of 10
6. Public transit center;
7. Library; or
8. Any game arcade where admission is not restricted to persons age 21 or older.
Per I -502, distances are measured as follows: measure distance in a straight line, from the
perimeter of a restricted area to the perimeter of a potential location.
The maps on the following pages show where marijuana- related businesses could potentially
locate within the City of Federal Way under the proposed code amendment.
3. Proposed definitions for mar�uana- related businesses.
Staff recommends adopting the following new definitions from RCW 69.50.101 as follows:
"Maryuana" means all parts of the plant Cannabis, whether growing or not, with a TUC
concentration greater than 0.3 percent on a dry weight basis; the seeds thereof, the resin
extracted from any part of the plant; and very compound, manufacture, salt, derivative, mixture,
or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the
plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the
resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is
incapable of germination.
"Marijuana processor" means a facility licensed by the State Liquor Control Board to process
marijuana into useable marijuana and marijuana - infused products, package and label useable
marijuana and marijuana - infused products for sale in retail outlets, and sell useable marijuana
and marijuana - infused products at wholesale to marijuana retailers.
"Mar�uana producer" means a facility licensed by the State Liquor Control Board for the
production and sale at wholesale of marijuana to marijuana processors and other marijuana
producers.
"Mar�uana retailer" means a facility licensed by the State Liquor Control Board where useable
marijuana and marijuana - infused products may be sold at retail.
"Maryuana- infused products" means products that contain marijuana or marijuana extracts and
are intended for human use. The term "marijuana- infused products" does not include usable
marijuana.
"Retail maryuana outlet" means a location licensed by the State Liquor Control Board for the
retail sale of usable marijuana and marijuana - infused products.
"Usable maryuana" means dried marijuana flowers. The term "useable marijuana" does not
include marijuana - infused products.
In addition to the above definitions, language is proposed in new FWRC Chapter 19.280 that refers to
WAC 314 -55 -050 for definitions, of specific land uses that shall have a 1,000 foot buffer applied.
FWRC Code Amendments — Marijuana- Related Businesses File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing 31 Page 5 of 10
The map below shows where marijuana- related businesses could be allowed in the southerth end of the
city. The dark grey areas represent the areas where businesses could locate within BC and CE zoning
districts when 1,000 -foot separation standards are applied. The blue dots represent locations where people
have applied for state licenses for retail businesses.
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FWRC Code Amendments — Marijuana- Related Businesses File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing 32 Page 6 of 10
The map below shows where marijuana- related businesses could be allowed in the northern end of the
city. The dark grey areas represent the areas where businesses could locate within BC and CE zoning
districts when 1,000 -foot separation standards are applied. The blue dots represent locations where people
have applied for state licenses for retail businesses. Note that some of the proposed business locations are
not located within the grey shaded areas, meaning that they are located within 1,000 feet of one or more
sensitive land uses and therefore, do not meet the state minimum separation requirement standard.
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September 17, 2014, Planning Commission Public Hearing 33 Page 7 of 10
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September 17, 2014, Planning Commission Public Hearing 33 Page 7 of 10
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FWRC Code Amendments — Marijuana- Related Businesses File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing 33 Page 7 of 10
4. Add anew Chapter 19.280 "MarUuana- Related Businesses" to FWRC Title 19.
Staff recommends establishing a new chapter in Title 19 (Exhibit D) that will clearly identify the
requirement for compliance with all state licensing requirements of I -502 and the Washington
State Liquor Control Board (WSLCB). This chapter highlights important development and safety
standards, including:
• Marijuana - related businesses must take place within secure, enclosed structures.
• Marijuana- related businesses may not be an accessory use.
• Marijuana- related businesses may not be a home occupation.
• Marijuana- related businesses must have a state license to operate, as well as a city business
license.
• No marijuana production and /or processing activities shall be visible from public areas.
• Signage must comply with state requirements in addition to city standards.
• Application of separation standards.
• Security measures must be in place.
• City personal shall be allowed to inspect site and facilities at any time during regular
business hours.
III. PROCEDURAL SUMMARY
8/29/14: Public Notice of 9/17/14 Planning Commission public hearing published and posted
9/5/14: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental
Policy Act (SEPA)
9/19/14: End of SEPA Comment Period
10/3/14: End of SEPA Appeal Period
IV. PUBLIC COMMENTS
No comments were received as of the date of this report.
V. REASON FOR PLANNING COMMISSION ACTION
FWRC Chapter 19.80, "Process VI Council Rezones," establishes a process and criteria for zoning
code text amendments. Consistent with Process VI review, the role of the Planning Commission is as
follows:
1. To review and evaluate the proposed zoning code text regarding any proposed amendments.
2. To determine whether the proposed zoning code text amendments meet the criteria established
in FWRC 19.80.130.
3. To forward a recommendation to the City Council regarding adoption of the proposed zoning
code text amendments.
FWRC Code Amendments — Marijuana- Related Businesses File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing 34 Page 8 of 10
VI. DECISIONAL CRITERIA
FWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section
analyzes compliance of the proposed zoning text amendments with the criteria provided by this
chapter. The city may amend the text of the FWRC only if it finds that:
1. The proposed amendments are consistent with the applicable provisions of the
comprehensive plan.
The Federal Way Comprehensive Plan (FWCP) does not specifically address marijuana - related
business uses. In determining appropriate zones for marijuana - related businesses, staff considered
the general intent of each of the city's commercial zones, as well as the state requirements for a
minimum 1,000 -foot separation from identified sensitive land uses. Based on the comprehensive
plan land use designations, staff is proposing that marijuana- related businesses only be allowed in
the Community Business (BC) and Commercial Enterprise (CE) zones.
2. The proposed amendments bear a substantial relationship to public health, safety, or
welfare.
The proposed FWRC text amendments bear a substantial relationship to the public health, safety,
and welfare because the text amendments establish zoning districts where marijuana- related
businesses may potentially locate, and also establish separation standards from state identified
sensitive land uses. The location of the zoning districts and overlay of the separation buffer will
help protect the general safety and welfare of Federal Way residents by limiting the potential for
minors to be exposed to these business operations.
3. The proposed amendments are in the best interest of the residents of the city.
The proposed FWRC text amendments are in the best interest of the residents of the city because
the voters of the state of Washington approved through the passage of Initiative 502 the
establishment of businesses that produce, process, and sell recreational marijuana. The
recommended zoning districts for the establishment of these uses would allow for these
businesses to locate in areas that are at least 1,000 feet from state identified sensitive uses.
VII. STAFF RECOMMENDATION
Based on the above staff analysis and decisional criteria, staff recommends that the following
amendments to FWRC Title 19, "Zoning and Development Code," be recommended for approval to
the Land Use/Transportation Committee (LUTC) and City Council.
1. Modifications to FWRC 19.05.130, 19.05.180, and 19.05.210; the addition of Use Zone
Charts FWRC19.220.150 and 19.240.190; and new FWRC Chapter 19.280 as
identified in Exhibits A -D below and attached to this staff report.
FWRC Code Amendments — Marijuana- Related Businesses File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing 35 Page 9 of 10
VIII. PLANNING COMMISSION ACTION
Consistent with the provisions of FWRC Chapter 19.80.240, the Planning Commission may take
the following actions regarding the proposed development code text amendments:
1. Recommend to the City Council adoption of the FWRC text amendments as presented;
2. Modify the proposed FWRC text amendments and recommend to the City Council adoption of
the FWRC text amendments as modified;
3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or
4. Forward the proposed FWRC text amendments to the City Council without a recommendation.
EXHIBITS
Exhibit — FWRC 19.05.130, 19.05.180, and 19.05.210; Modifications to "M ", "R" and "U"
definitions adding new definitions pertaining to marijuana- related businesses
Exhibit B — FWRC 19.220.150, Proposed New BC Use Zone Chart: "Marijuana Retailer"
Exhibit C— FWRC 19.240.190, Proposed New CE Use Zone Chart: "Marijuana- Related Businesses"
Exhibit D — FWRC Title 19, Division VII, "Supplemental Zoning Regulations" adding a new
Chapter 19.280, "Marijuana- Related Businesses"
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September 17, 2014, Planning Commission Public Hearing 36 Page 10 of 10
Exhibit A -1
FEDERAL WAY REVISED CODE (FWRC)
Title 19, Zoning and Development Code
Chapter 19.05, Zoning and Development in General
19.05.130 M definitions.
"Maintenance, " for signs, means the cleaning, painting, and minor repair of a sign in a manner that does not
alter the basic design, size, height, or structure of the sign.
"Major stream " means any stream, and the tributaries to any stream, which contains or supports, or under
normal circumstances contains or supports, resident or migratory fish. If there exists a natural permanent blockage
on the stream course which precludes the upstream movement of anadromous salmonid fish, then that portion of the
stream which is downstream of the natural permanent blockage shall be regulated as a major stream.
"Manufactured home" means a factory-built structure transportable in one or more sections which is built on a
permanent chassis and designed to be a dwelling with or without a permanent foundation when connected to
required utilities. A manufactured home shall be built to comply with the National Manufactured Home
Construction and Safety Standards Act of 1974 (regulations effective June 15, 1976).
"Manufacturing and production " means the mechanical or chemical transformation of materials or substances into
new products, including the assembling of component parts, the creation of products, and the blending of materials,
such as oils, plastics, resins, or liquors. Manufacturing and production is divided into the following categories:
(1) "Manufacturing and production, general, " means establishments typically manufacturing and
producing for the wholesale market.
(2) "Manufacturing and production, limited, " means retail establishments engaged in the small -scale
manufacture, production, and on -site sales of custom goods and products. These uses are distinguished from
"manufacturing and production, general," by a predominant use of hand tools or domestic mechanical equipment,
limited number of employees, limited sales volume, limited truck deliveries, little or no outdoor storage, typical retail
hours of operation, and an obvious retail storefront with a public entrance that is in scale with the overall building and
oriented to the right -of -way. This category includes uses such as ceramic studios; candle - making shops; custom
jewelry manufacturing; woodworking and cabinet making; manufacturing of specialized orthopedic appliances such
as artificial limbs or braces; manufacturing of dental appliances such as bridges, dentures, and crowns; production of
goods from finished materials such as wood, metal, paper, glass, leather, and textiles; and production of specialized
food products such as caterers, bakeries, candy stores, microbreweries, and beverage bottlers.
"Marijuana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration
greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or
resin. The term does not include the maior stalks of the plant, fiber produced from the stalks, oil, or cake
made from the seeds of the plant, any other compound, manufacture, salt, derivative mixture, or preparation
of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the
plant which is incapable of germination.
" Mariivana processor" means a facility licensed by the State Liquor Control Board to process marijuana
into useable marijuana and mariivana- infused products, package and label useable mariivana and
mariivana- infused products for sale in retail outlets, and sell useable marijuana and marijuana- infused
products at wholesale to mariivana retailers.
FWRC Code Amendments— Marijuana- Related Businesses, ExhiBiTA -1 File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 1 of 2
"Marijuana producer" means a facility licensed by the State Liquor Control Board for the production and
sale at wholesale of marijuana to marijuana processors and other mariivana producers.
"Mariivana retailer" means a facility licensed by the State Liquor Control Board where useable
marijuana and marijuana- infused products may be sold at retail.
"Marijuana- infused products "means products that contain marijuana or marijuana extracts and are
intended for human use. The term " mariivana- infused products" does not include usable marijuana.
"Maximum lot coverage" means the maximum percentage of the surface of the subject property that may be
covered with materials which will not allow for the percolation of water into the underlying soils. See FWRC
19.110.020 et seq. for further details.
"Mean sea level" means the level of Puget Sound at zero tide as established by the U.S. Army Corps of
Engineers.
"Medium density zones" mean the following zones: RS 15.0, RS 35.0 and comparable zones in other
jurisdictions.
"Microcell " means a wireless communication facility consisting of an antenna that is either:
(1) Four feet in height and with an area of not more than 580 square inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet high.
"Minor facility" means a wireless communication facility consisting of up to three antennas, each of which is
either:
(1) Four feet in height and with an area of not more than 580 inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length.
A minor facility includes any associated equipment cabinet that is six feet or less in height and no more than 48
square feet in floor area.
"Minor stream" means any stream that does not meet the definition of "major stream."
"Mixed -use building" means a building containing two or more different principal permitted uses, as
determined by the director, and which occupy separate tenant spaces.
"Moorage facility" means a pier, dock, buoy or other structure providing docking or moorage space for
waterborne pleasure craft.
"Multiple -story building" means a building containing two or more floors of active permitted use(s), and each
upper floor area, excluding any storage, mechanical, and other similar accessory, nonactive areas, contains at least
33 percent of the ground floor area.
"Multi- tenant complex" means a complex containing two or more uses or businesses.
"Multi -use complex" means 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 multi -use
complex.
"Mural" means a design or representation that is painted or drawn on the exterior surface of a structure and that
does not advertise a business, product, service, or activity.
(Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -593, § 24, 1 -6 -09. Code 2001 § 22- 1.13.)
FWRC Code Amendments — Marijuana- Related Businesses, Exhibo A -1 File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 2 of 2
Exhibit A -2
FEDERAL WAY REVISED CODE (FWRC)
Title 19, Zoning and Development Code
Chapter 19.05, Zoning and Development in General
19.05.180 R definitions.
............ . ............... . . . . . . . . . . . . . . . . . ................. . . . . . .. . . . . . . . . . . . . . . . . ...................................... . . . . . .............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................... . . . . . . . . . . . ...........
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
"Recreational vehicle " means a travel trailer, motor home, truck camper, or camping trailer that is
primarily designed and used as temporary living quarters, is either self - propelled or mounted on or drawn
by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or
permanently affixed to a mobile home lot.
"Registration sticker" for the purpose of sign regulations means the sticker that is assigned to a sign
that has been inventoried and has been determined to comply with this title and other sections of this Code.
"Regulated lakes" means Wetlands Nos. 8- 21 -4 -26, 7- 21 -4 -71, 11- 21 -3 -9, 14- 21 -3 -2, 14- 21 -3 -5, 13-
21-3-12, 9- 21 -4 -38, 17- 21 -4 -55, 20- 21 -4 -57, and 20- 214-61 as shown in the June 19, 1999, city of
Federal Way final wetland inventory report, except vegetated areas which are located in and around the
margins of regulated lakes and fall under FWRC 19.175.020.
"Relative ".means persons connected through blood, marriage or other legal relationships by not more
than four degrees or affinity or consanguinity and including persons under legal guardianship.
"Required yard" means the area adjacent to and interior from a property line or the ordinary high
water mark (OHWM) of a lot, as prescribed by regulations, and is the minimum required distance
between a structure and a specific line, such as a property line, edge of private tract, or vehicular access
easement that is required to remain free of structures. If two or more required yards are coincidental, the
area will be considered the required yard with the greater dimension. Yards are also known as setbacks.
Except for flag lots, required setbacks are categorized as follows:
(1) Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance
therefrom equal to the required front yard depth.
(2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance
therefrom equal to the required rear yard depth.
(3) Side. That portion of a lot adjacent to and parallel with each side property line and at a distance
therefrom equal to the required side yard depth. All required yards not otherwise categorized shall be
designated side yards.
"Residential use " means developments and occupancy in which persons sleep and prepare food,
other than developments used for transient occupancy.
"Residential zone" means the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM
3.6, RM 2.4, RM 1.8 and comparable zones in other jurisdictions.
"Restaurant" or "tavern" means commercial use (excluding fast food restaurants) which sells
prepared food or beverages and generally for consumption on the premises.
FWRC Code Amendments — Marijuana - Related Businesses, Exhila A -2 File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 1 of 2
"Retail establishment" means a commercial enterprise which provides goods and/or services directly
to the consumer, where such goods are available for immediate purchase and removal from the premises
by the purchaser.
"Retail marijuana outlet" means a location licensed by the State Liquor Board for the retail sale
of usable mariivana and mariivana- infused products.
"Retail sales, bulk, " means a retail establishment engaged in selling goods or merchandise to the
general public as well as to other retailers, contractors, or businesses, and rendering services incidental to
the sale of such goods, involving a high volume of sales of products in a warehouse setting, and may
include membership warehouse clubs, i.e., "big box" retail. Bulk retail is differentiated from general retail
by any of the following characteristics:
(1) Items for sale include large, categorized products, e.g., lumber, appliances, household
furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may
also include a variety of carry out goods, e.g., groceries, household, and personal care products;
(2) A large inventory of goods and merchandise is stored on the subject site in high- ceiling
warehouse areas, high -rack displays, and/or outdoor storage areas; and
(3) High volume truck traffic, regular pick up and delivery of large items, a designated contractor
pick -up area, and high parking -to- building ratios.
"Retail sales, general and specialty, " means a retail establishment that is not engaged in bulk retail
and includes the sale of smaller items such as groceries, drug store sundries, specialty hardware, paint
supplies, and sports equipment, etc., typically selling to the general public and is differentiated from bulk
retail by the size of the building, size of items purchased, sales volume, and typically does not sell at a
discount or in a volume warehouse store.
"Retail shopping center, regional" means a series of unified commercial establishments that provide
retail, entertainment, or professional services on a site comprised of at least 50 acres, with direct access to
a state or federal highway, with shared parking facilities, with a combined gross floor area of at least
500,000 square feet, and with all or some of the stores configured with an inward orientation and
connected with common interior walkway(s).
"Right -of -way, " in addition to its normal meaning, may include, for purposes of the community
design guidelines or sign regulations, land privately owned, used primarily for the movement of vehicles
or pedestrian traffic, so long as such privately owned land has been constructed in compliance with all
applicable laws and standards fora public right -of -way.
"Right -of -way realignment" means the changing of the horizontal position of the improvements in a
right -of -way.
"Roofline " means the line formed by the outside of the gable of the roof, or if the roof is flat or
mansard, the top of the roof or mansard.
"Runoff" means the overland or subsurface flow of water.
(Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -607, § 3(Exh. A -1), 4 -7 -09; Ord. No. 09 -593, § 24,1-6-09.
Code 2001 § 22- 1.18.)
FWRC Code Amendments — Marijuana- Related Businesses, ExhWDA -2 File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 2 of 2
Exhibit A-3
FEDERAL WAY REVISED CODE (FWRC)
Title 19, Zoning and Development Code
Chapter 19.05, Zoning and Development in General
19.05.210 U definitions.
"Urban, agriculture" is an umbrella term encompassing a wide range of activities involving the raising,
cultivation, processing, marketing, and distribution of food. Urban agriculture land uses include:
community gardens, urban farms, cottage food operations, farm stands, and farmers markets. See also the
definitions for "agricultural use," "community gardens," "cottage food operation," "farm stand," and
"farmers market."
"Urban farm " means privately or publicly owned land used for the cultivation of fruits, vegetables,
plants, flowers, or herbs by an individual, organization, or business with the primary purpose of growing
food for sale.
"Usable marijuana" means dried marijuana flowers. The term "usable madivana" does not include
marijuana- infused products.
"Use " means the activities taking place on property or within structures thereon. Each separate listing
under the "Use" column in FWRC 19.195.010 through 19.240.170 is a separate use.
(Ord. No. 13 -754, § 7, 12 -3 -13; Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -593, § 24, 1 -6 -09.
Code 2001 § 22- 1.21.)
FWRC Code Amendments — Marijuana- Related Businesses, Exhibit A -3 File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 1 of 1
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Exhibit D
PROPOSED NEW SECTION
FWRC Chapter 19.280, Marijuana- Related Businesses
Sections:
19.280.010 Purpose.
19.280.020 Applicability.
19.280.030 General requirements.
19.280.040 Separation
requirements.
19.280.050 Application
requirements.
19.280.060 Si
nape.
19.280.070 Security requirements.
19.280.010 Purpose.
The purpose of this chapter is to minimize the impacts of marijuana- related businesses on
surrounding_ properties and ensure public safe1y while providing for appropriate sitin of f mariivana-
related businesses licensed in accordance with state law.
19.280.020 Applicability.
This chapter establishes special regulations that govern marijuana- related businesses. Marijuana -
related businesses uses include marijuana processor, marijuana producer, and marijuana retailer as
defined in FWRC 19.05. Marijuana- related businesses do not include medical marijuana collective
gardens or medical marijuana dispensaries as regulated under Chapter 69.51A RCW.
19.280.030 General requirements.
Marijuana- related businesses shall:
1. Be entirely within a secure, fully - enclosed structure with rigid walls, a roof, and doors. The
structure shall comply with the City of Federal Way building codes and any other applicable codes;
2. Shall not operate as an accessory to a primary use or as a home occupation;
3. Not be established or conducted in a building that includes a residential use;
4. Be operated by_persons or entities holding a valid marijuana license from the Washington State
Liquor Control Board issued under Chapter 3 14-5 5 WAC and any other applicable state laws and
regulations;
5. Obtain a city business license;
6. Ensure that no horticulture production, processing, or delivery of marijuana shall be visible to the
public;
7. Be subject to all applicable requirements of Title 69 RCW and Chapter 314 -55 WAC and other
state statutes, as they now exist or may be amended;
8. Comply with any and all requirements of the Washington State Liquor Control Board; and
9. Allow inspection of the site and facilities by cily personnel, including law enforcement, for
compliance with all applicable permits and licenses at any time during, regular business hours.
19.280.040 Separation requirements.
1. Only one (1) marijuana- related business is allowed in a single tenant space, except a marijuan a
licensee holding both marijuana producer and marijuana processor licenses may locate their combined
operation in a single tenant space;
FWRC Code Amendments — Marijuana- Related Businesses, Exhi?bO D File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 1 of 2
2. No mariivana- related business shall be Dermitted within one thousand (1,000) feet of anv of the
entities as specified and defined in RCW 69.50.331 and WAC 314 -55 -050, as those sections currently
exist or may be modified in the future, including the following:
a. Elementary or secondary, school;
b. Playground;
c. Recreation center or facility;
d. Child care center;
e. Public park;
f. Public transit center;
g Library;
h. Game arcade where admission is not restricted to persons age twenty -one (21) and over.
The distance shall be measured as the shortest straight line distance from the property line of the
licensed premises to the property line of a use listed above, as provided in Chapter 314 -55 WAC, as those
sections currently exist or may be modified in the future, and
3. if a use listed in subsection 2 above, locates within 1,000 (one- thousand) feet of a marijuana- related
business after the marijuana- related business is lawfully established, such use shall not benefit from the
separation requirements of this subsection. A marijuana- related business is lawfully located under the
FWRC if it has located within the city in accordance with the requirements of this section.
19.280.050 Application requirements.
An application for a marijuana- related business shall include the following information in addition to
the standard submittal requirements for the applicable development permit.
1. The application shall be made by:
a. A marijuana licensee; or
b. An applicant for a marijuana license.
2. The application shall include a copy of the license or a copy of the license application. A
development permit shall not be issued for a marijuana- related business unless the applicant is a
marijuana licensee.
3. A map drawn to scale showing that the proposed marijuana- related business is at least one
thousand (1,000) feet from all uses specified in RCW 69.50.331 and WAC 314 -55 -050. A survey
prepared by a surveyor licensed in the state of Washington may be required by the Director.
4. The applicant shall submit a copy of the operating plan required by the Washington State Liquor
Control Board as part of the license application.
19.280.060 Signne.
All marijuana- related business si nage shall comply with the requirements specified in WAC 314 -55-
155, as well as FWRC Chapter 19.140, "Signs," as applicable.
19.280.070 Security requirements.
A marijuana- related business shall:
1. Have installed, prior to issuance of a certificate of occupancy, an operational security system that is
monitored twen , -four 24) hours a day;
2. Have installed, prior to issuance of a certificate of occupanU, an perational security camera
system which retains recordings from all installed cameras for a period of not less than sixV (60) dam
and
3. Comply with all other provisions in WAC 314 -55 -083.
FWRC Code Amendments— Marijuana - Related Businesses, Exhi4JD File 14- 102659 -00 -UP
September 17, 2014, Planning Commission Public Hearing Page 2 of 2
41k
CITY OIL
Federal Way
Development Regulations for
Marijuana- Related Businesses
Planning Commission Study Session
August 20, 2014
I. INTRODUCTION
This staff report presents an overview of recreational marijuana- related businesses and preliminary
recommendations for amendments to the Federal Way Revised Code (FWRC) to address their siting.
Marijuana related business zoning is designated as a "high priority" item on the Planning Commission's
work program. The Planning Commission is being asked to review proposed amendments to FWRC
Title 19 and forward a recommendation to the City Council's Land Use /Transportation Committee
(LUTC) and City Council.
Following the passage of Initiative 502 (I -502), which legalizes the use of marijuana and the
operation of certain marijuana- related businesses in Washington State, the Federal Way City Council
enacted a moratorium on the business operation component in order to allow for adequate time to
study the issue and determine how best to respond to the enactment of I -502 within the Federal Way
city limits. The moratorium (Ordinance 13 -749) is due to expire on November 5, 2014. Therefore, the
City Council must either adopt regulations that govern marijuana- related businesses prior to that date,
or extend the moratorium if more time is needed to study the issue prior to the adoption of applicable
regulations.
The Federal Way City Council must take one of the following actions prior to the expiration of the
moratorium:
1. Adopt regulations related to the siting of recreational marijuana - related businesses;
2. Adopt an ordinance banning the siting of recreational marijuana- related businesses;
3. Extend the moratorium to allow for further study of the issue prior to adoption of local
regulation; or
4. Allow the moratorium to expire with no marijuana- related business regulations in place.
What is meant by the term "Recreational Marijuana- Related Businesses "? Recreational marijuana -
related businesses are characterized as one of three business types under state law:
Retail operations;
Production operations; and
Processing operations
FWRC Code Amendments — Marijuana- Related Businesses File 14- 102659 -00 -UP
August 20, 2014, Planning Commission Study Session Page 1 of 8
48
ATTACHMENT 4
Retail operations are stores where marijuana products may be sold to buyers of legal age. Production
operations are often referred to as grow operations or facilities or farms, and are businesses that grow
marijuana plants. Finally, processing operations are businesses that take the marijuana plant material
and process the plant material into consumable products that can then be sold at the retail operations.
What is the focus of the proposed zoning code amendments for marijuana- related businesses?
The primary issues being considered in the proposed amendments to Federal Way development
regulations include:
• Determine which zoning districts are potentially appropriate for the siting of
marijuana- related businesses within the City of Federal Way.
• Determine the appropriate locational and development standards for permitting
marijuana- related businesses.
• Adopt definitions of marijuana- related businesses.
• Clarify that marijuana- related businesses are not allowed as a home occupation.
II. BACKGROUND
In November of 2012, Washington voters approved I -502 legalizing the possession of limited
amounts of marijuana. According to King County election data, 63.5% of King County voters voted
in favor of 1 -502. Statewide, the initiative passed with an approval rate of 55.7 %. In the City of
Federal Way, the approval rate was 53 %. The initiative:
• Legalizes the use of marijuana by people 21 years or older. They may possess up to one
ounce of marijuana, 16 ounces of marijuana - infused product in solid form, and 72
ounces of marijuana- infused product in liquid form.
• Specifies that only state - licensed marijuana production, processing, and sale of
marijuana are permitted.
• Requires licensed facilities to be at least 1,000 feet from schools, playgrounds,
recreation centers, child care centers, public parks, public transit centers, libraries, and
arcades.
• Limits signage to a maximum of one that is no larger than 11 square feet in area.
• Prohibits retail facilities from:
• Displaying marijuana or marijuana products so they are visible from the public
right -of -way;
• Selling anything other than marijuana, marijuana- infused products, and
paraphernalia.
• Prohibits, for all recreational marijuana facilities, the following activities:
• Advertising, in any medium, within 1,000 feet of any school, playground,
recreation center, child care center, public park, transit center, library, or arcade.
• Advertising on publically -owned or operated property, or within a public transit
vehicle or shelter.
• Prohibits on- premises consumption.
• Establishes a standard for driving under the influence of marijuana.
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August 20, 2014, Planning Commission Study Session 49 Page 2 of 8
How many retail, producer, and /or processer businesses may be located in Federal Way?
• State law specifies that no more than three retail outlets may be allowed within the Federal Way
city limits.
• A retailer may only be a retailer (not also a producer and /or processor).
• A licensee may hold a producer and processor license together, but they must apply for two
separate licenses, one for producer and one for processor.
• There is currently no limit on the number of producer or processor businesses under state law.
What is the current status of applications for marijuana - related businesses in Federal Way?
Information on the proposed number and location of marijuana- related businesses is available from
the Washington State Liquor Control Board ( WSLCB). As stated above, the state will only license up
to three retail operations in Federal Way. This number is based on population the greater the
population, the greater number of potential retail businesses within a city. There are currently 15
businesses within the city limits listed as applying for a state license, but no more than three will be
able to obtain a license. The WSLCB did conduct a lottery to determine priority ranking for proposed
businesses within each jurisdiction, subject to the business meeting all the local regulations. If the
proposed businesses with a lottery ranking of # 1, 2, or 3 are unable to obtain local approval for
example, then businesses ranked 4, 5, etc. would be the next eligible for the three licenses, and so on
until either three licenses are successfully issued, or all proposals have been exhausted. (See Exhibit
A for the proposed business locations.)
How have other jurisdictions' responded to I -502?
The Municipal Research Services Center (MRSC) maintains a web page with the most recent white
papers, links to the WSLCB, and relative WACs and RCWs related to marijuana businesses.
The MRSC maintains a table with the status of local jurisdictions' response to I -502 to date. Staff
reviewed the table available online at htip: / /www.rnrsc.org/ subjects /legal/502 /recmarijuana.aspx at the
time of the preparation of this staff report. Currently, most jurisdictions have a moratorium in place
related to marijuana and are presumably conducting study of the issue. There are a few jurisdictions
that have recently adopted regulations in response to I -502, while a handful of jurisdictions have
adopted interim regulations.
Some jurisdictions have implemented a ban on marijuana- related businesses. This option is allowed
per the opinion of the State Attorney General's office (http:// insight .mrsc.orW201.4 /01 /16 /state-
attornev- general -says- cities- and - counties- can - ban - recreational- marijuana - uses /). However, the State
Attorney General's opinion is not binding on the state courts, and there also was a bill (HB 2322)
introduced in early 2014 that would prevent local jurisdictions from prohibiting the location of
marijuana- related businesses within their borders.
The following table contains a sample list of other jurisdiction's status related to marijuana- related
businesses taken from the MRSC table referenced above.
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Table 1
Jurisdictions' Status Related to Marijuana- Related Business Re ulation
STATUS
Ban
Moratorium
Interim Zoning
Zoning Enacted
JURISDICTION
Fife
Auburn
Bellevue
Burien
Pierce County
Bainbridge Island
Kirkland
Des Moines
Sea Tac
King County
Gig Harbor
Edmonds
Issaquah
Kent
Mountlake Terrace
Mill Creek
Seattle
Milton
Spokane
Puyallup
Tukwila
Redmond
Tumwater
Renton
Sammamish
Snohomish
University Place
Woodinville
In preparation for the discussion of this topic with the Planning Commission, staff primarily focused on
the jurisdictions that have adopted regulations (zoning enacted). In review of the adopted regulations,
the following common elements were noted:
• Most jurisdictions do not allow outdoor growing of marijuana.
• Most jurisdictions have adopted the state's definitions contained in RCW 69.50. 101 for:
• Marijuana;
• Marijuana processor;
• Marijuana producer;
• Marijuana retailer;
• Marijuana - infused products;
• Retail marijuana outlet; and
• Usable marijuana.
• Most jurisdictions have adopted the state - required separation standards from sensitive
uses without any additional separation standards.
• Most jurisdictions do not allow marijuana- related businesses within residential zoning
districts.
• Most jurisdictions clearly reference the state licensing requirements and other business-
related requirements for signage, advertising, etc.
IIT. PRELIMINARY RECOMMENDATIONS
This section provides a summary of each of the proposed code amendments. Staff would like to
emphasize that, at this point in the process; this information is provided primarily to prompt
discussion with the Planning Commission. Your comments and suggestions in reaction to the
preliminary draft zoning code language will help staff fine -tune the draft regulations prior to
presentation at the public hearing.
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August 20, 2014, Planning Commission Study Session 51 Page 4 of 8
The staff's preliminary recommendations for zoning code amendments are based on the review of the
city's existing comprehensive plan and zoning code language, state law, and other jurisdictions'
treatment of recreational marijuana - related businesses.
1. Appropriate zones for maryuana- related businesses.
Staff is recommending that marijuana- related businesses be allowed in the Community Business
(BC) and Commercial Enterprise (CE) zones. The BC and CE zones are two of the commercial
zoning districts in the city that have some land area that is greater than 1,000 feet from one or more
sensitive land uses (see discussion of separation standards in Section 2 below). Specifically, staff
recommends that retail marijuana businesses be allowed in both the BC and CE zones and that
producer and processor businesses be allowed in the CE zone only. The table below summarizes the
proposed allowable zones for the siting of marijuana - related businesses in Federal Way.
Table 2
Marijuana- Related Businesses in Federal Way Zoning Districts
Type
SE
RS
RM
PO
BN
I BC
CC -C
CC -F
OP
CE
Retailer Businesses
P
P
Producer Businesses
P
Processor Businesses
P
Note: P = Permitted. For comparison, commercial zones that currently allow for liquor stores include BN, CC -C, and
CC -F in addition to BC and CE zones.
With regard to marijuana- related retail businesses, staff is recommending they only be allowed in
the BC and CE zones as they are more auto-oriented retail zones, and therefore, less likely to be
developed over time with sensitive and family- friendly land uses such as parks and schools. The
Neighborhood Business (BN) and City Center -Core and -Frame (CC -C and CC -F) zones are more
likely to be developed with sensitive land uses and mixed use, pedestrian- oriented development
over time, and therefore, would be less compatible with marijuana- related businesses in light of
state licensing and operation requirements.
The reason that the producer and processor businesses are only recommended to be allowed in the
CE zone, is that the CE zone allows for larger- scale, big box and light industrial type uses. The
growing of marijuana is anticipated to require larger site sizes, large buildings or greenhouse
structures, and have greater water and energy usage, and wastewater and solid waste production.
Marijuana production would be considered a manufacturing use and the CE zone is the zone in
the city that allows such a use outright.
2. Appropriate separation standards for mar�uana- related businesses.
Staff is recommending that Federal Way adopt the state mandated separation standards from
sensitive land uses. Under I -502, recreational marijuana licensed business cannot be within 1,000
feet of the perimeter of the grounds of any of the following entities:
1. Elementary or secondary school;
2. Playground;
3. Recreational center or facility;
4. Child care center;
5. Public park;
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August 20, 2014, Planning Commission Study Session 52 Page 5 of 8
6. Public transit center;
7. Library; or
8. Any game arcade where admission is not restricted to persons age 21 or older.
Per I -502, distances are measured as follows: measure distance in a straight line, from the
perimeter of a restricted area to the perimeter of a potential location.
Staff is working on an exhibit (map) that we will provide at the workshop that shows where
marijuana- related businesses could potentially be located based on these separation standards.
Also, superimposed for reference on this exhibit will be the locations of the proposed retail
businesses based on information obtained from the WSLCB. You will see that in some cases,
businesses have been proposed in locations that will not be permissible based on application of
state mandated separation standards.
The exhibit will show the BC and CE zoning district boundaries in relation to the separation
standards to represent the potential area available to locate marijuana- related businesses based on
the preliminary recommendations for appropriate zoning districts presented in Section 1 above.
3. Proposed definitions for mar�uana- related businesses.
Staff recommends adopting the following new definitions from RCW 69.5 0.101 as follows:
"Mar�uana" means all parts of the plant Cannabis, whether growing or not, with a THC
concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted
from any part of the plant; and very compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds or resin. The term does not include the mature stalks of the
plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the
resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable
of germination.
"Maryuana processor" means a facility licensed by the State Liquor Control Board to process
marijuana into useable marijuana and marijuana - infused products, package and label useable
marijuana and marijuana - infused products for sale in retail outlets, and sell useable marijuana
and marijuana - infused products at wholesale to marijuana retailers.
"Mar�uana producer" means a facility licensed by the State Liquor Control Board for the
production and sale at wholesale of marijuana to marijuana processors and other marijuana
producers.
"Marifuana retailer" means a facility licensed by the State Liquor Control Board where useable
marijuana and marijuana - infused products may be sold at retail.
"Maryuana- infused products " means products that contain marijuana or marijuana extracts and
are intended for human use. The term "marijuana- infused products" does not include usable
marijuana.
"Retail maryuana outlet" means a location licensed by the State Liquor Control Board for the
retail sale of usable marijuana and marijuana - infused products.
"Usable maryuana" means dried marijuana flowers. The term "useable marijuana" does not
include marijuana - infused products.
4. Add anew section to FWRC Title 19 called "Mar�uana- Related Businesses.
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August 20, 2014, Planning Commission Study Session 53 Page 6 of 8
This new section in Title 19 would clearly identify the requirement for compliance with all state
licensing requirements (see www.liq.wa.gov for specifics) including, but not limited to:
• Signage /advertising
• Facility size
• Staffing
• Background checks
• Product labeling/packaging
• Security
• Hours of operation (8 am to 12 am)
• Indoor /outdoor: Grow operations shall be in buildings/greenhouses (note: I -502 allows for
outdoor grow but public view must be obscured by a wall or fence at least eight feet in
height and must meet security requirements described in WAC 314 -55 -083)
• State law does not allow for grow operations at a personal residence
Other concerns:
• Solid waste management from producer and processer businesses.
• Waste water management—may contain insecticide and fertilizer chemical concentrations.
• Odors.
• Fire protection and permitting — especially related to hazardous flammable /explosive
materials.
• Building code compliance.
The growing and processing of marijuana is anticipated to require a lot of water for
growing, and generate wastewater from production. In addition, the growing and
processing of marijuana may involve agrichemicals that could find their way into
wastewater and solid waste, so proper handling of waste needs to be addressed in
reviewing and approving the siting of these facilities. Additionally, fire protection is a
special consideration when the processing of marijuana involves solvents or other
hazardous and potentially explosive materials.
IV. PLANNING COMMISSION DISCUSSION POINTS
Staff is asking for Planning Commissioners' input on the draft recommendations presented in this staff
report and look forward to hearing your feedback on the issues listed below, as well as any additional
issues you may have identified related to the siting of marijuana- related businesses in Federal Way. With
your advance input on this topic, staff will then prepare a report that provides further analysis of these
issues, as well as a series of specific recommendations for your consideration and action at an upcoming
meeting.
1. APPROPRIATE ZONES
Staff s preliminary recommendation is that marijuana - related businesses only be allowed in the
Community Business (BC) and Commercial Enterprise (CE) Zones.
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August 20, 2014, Planning Commission Study Session 54 Page 7 of 8
Discussion: Do you agree with the general siting recommendations outlined in Table 2?
2. SEPARATION STANDARDS
Staff's preliminary recommendation is that the city adopts the state - required separation standards
for marijuana- related businesses of 1,000 feet from designated sensitive uses.
Discussion: Do you agree with the general recommendations for separation standards for
marijuana- related businesses?
3. PROPOSED DEFINITIONS
Staff's preliminary recommendation is that the city adopts the state's definitions for marijuana
and marijuana- related businesses as established by RCW 69.50.101.
Discussion: Are you comfortable with the proposed definitions for marijuana and
marijuana- related businesses?
4. PROPOSED NEW CODE SECTION ON MARIJUANA- RELATED BUSINESSES
Staff's preliminary recommendation is that city adopt a new code section in Title 19 on
Marijuana- related businesses
Discussion: Do you have any particular concerns, comments or questions about the
preliminary recommendations for a new code section on marijuana - related businesses?
5. OTHER DISCUSSION POINTS
Are there other discussion topics or questions pertaining to marijuana- related businesses that the
Planning Commission would like to raise at this time?
V. PLANNING COMMISSION NEXT STEPS
Staff will consider the input of the Planning Commission and prepare detailed proposed code
amendments for your consideration at an upcoming public hearing tentatively scheduled for
September 17, 2014.
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August 20, 2014, Planning Commission Study Session 55 Page 8 of 8
CITY OF FEDERAL WAY
PLANNING COMMISSION
September 17, 2014 City Hall
7:00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Tom Medhurst, Lawson Bronson, Hope Elder, Sarady Long, Wayne Carlson,
Diana Noble - Gulliford, Anthony Murrietta, and Nikole Coleman - Porter. Commissioner absent: Tim
O'Neil (excused). City Council Members present: Bob Celski and Lydia Assefa- Dawson. Staff present:
Interim Community Development Director Larry Frazier, Planning Manager Isaac Conlen, Principal
Planner Margaret Clark, Senior Planner Janet Shull, Senior Planner Matt Herrera, Officer Sierra Baker,
Assistant City Attorney Ryan Call, and Administrative Assistant II Tina Piety.
CALL TO ORDER
Chair Medhurst called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
The minutes of August 20, 2014, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Planning Manager Conlen introduced Alternate Commissioners Murrietta and Coleman- Porter, and Interim
Community Development Director Frazier. He stated the next Commission meeting will be October 15,
2014. Because of a City Council budget meeting, the Planning Commission will be meeting in the Patrick
Maher Room.
COMMISSION BUSINESS
PUBLIC HEARING— Proposed Amendments Related to Development Regulations for Marijuana -
Related Businesses
Senior Planner Shull delivered the staff presentation. She went over the background and the staff's overall
approach, which is intended to align with I -502 and the Washington State Liquor Control Board
(WSLCB) licensing requirements. Staff has been researching what other jurisdictions are doing and she
noted that of those that have adopted regulations, most have adopted the state regulations. The proposed
amendments will allow marijuana retail businesses in the Community Business (BC) and Commercial
Enterprise (CE) zones. They will allow marijuana production and processing businesses. only in the CE
zone. The proposed amendments will adopt the state's minimum 1,000 -foot separation from sensitive
uses, as well as the state's definitions. Lastly, the. proposed amendments propose a new chapter that deals
with other marijuana- related businesses regulations, such as signage must meet state regulations and they
may not be a home occupation.
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The meeting was opened for public testimony. Senior Planner Shull read a letter into the record from
George Garrett, CMA. He is in support of the proposed amendments. He is one of the three winning
lottery applicants selected to receive a retail marijuana license as issued by the state. He writes:
"My statement is simple: residents of Federal Way are using marijuana and marijuana - related
products every day despite the ban on legal retail marijuana facilities. Without any legal
channels by which to obtain marijuana currently, a marijuana consumer is forced to obtain his
or her product on the black market. By moving forward to allow the legal and highly
regulated sale of marijuana and marijuana- related products, you move this existing business
out of the black market and into a business that contributes to the community by generating
well - paying jobs and tax revenues. Of further importance, you remove money from the
underground economy, much of which ends up supporting illegal activities, locally,
nationally and beyond our borders."
Commissioner Carlson complimented staff on their work and that they took the Commission's direction
to follow the state guidelines. He agrees that the BC and CE zones are the most compatible for this type
of use. He is concerned that the city recently passed an amendment locating Group Homes Type III in
these zones as well. Specifically, his concern is that those who may be struggling with the use of
controlled substances will possibly be housed close to a business selling a previously controlled
substance. He proposed a separation standard of 300 feet from Group Homes Type III be included in the
proposed amendments. The Commission debated this issue. Commissioner Elder commented that she
agrees that the city has to be sensitive to group homes. Alternate Commissioner Coleman-Porter
expressed concern that additional separation standards would decrease the amount of property available
for marijuana- related businesses. Commissioner Noble - Gulliford stated that many churches may house a
sensitive use (day care, school) and should also be included in the separation standards. Senior Planner
Shull commented that if a church has a sensitive use registered with the state (i.e. day care) they will be
subject to the separation standards. Staff did not include churches in general in the separation standards
because many are located in retail outlets and including them could decrease the amount of property
available for marijuana- related businesses.
Commissioner Bronson commented that he is concerned that if a marijuana- related business is established
and later a sensitive use (day care, maybe group home) chose to site closer to the marijuana- related
business than the separation standards, that would make the marijuana- related business nonconforming.
Senior Planner Shull stated if a sensitive use chooses to be established within the separation standards,
that would not make the already established marijuana- related business nonconforming. She went on to
say that the city cannot deny a sensitive use (day care) if it chooses to locate within the separation
standards. Commissioner Elder commented that allowing a sensitive use to establish within the separation
standard does not sound consistent.
Commissioner Long expressed concern regarding the possibility of a marijuana- related business located
near a family- oriented business (such as Pattison's West). He requested that staff sent a notice to all
family- oriented businesses in the BC and CE zones that the city is proposing these amendments and a
marijuana- related business may locate near them.
Alternate Commissioner Murrietta stated that the people voted yes for 1 -502 and the Commission and city
should honor that decision. Commissioner Bronson agreed and noted that liquor- related businesses do not
have separate regulations. Chair Medhurst commented that this is a stewardship moment our city. We
need to consider what we want our city to be.
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Commissioner Bronson moved (and it was seconded by Commissioner Noble - Gulliford) to ban marijuana -
related businesses in the City of Federal Way. There was no further discussion. A roll -call vote was held:
Chair Medhurst — Yes
Vice -Chair Bronson — Yes
Commissioner Elder — Yes
Commissioner Carlson — No
Commissioner Long — Yes
Commissioner Noble - Gulliford — Yes
With five (5) yes and one (1) no, the motion carries. The public hearing was closed
Commissioner Bronson moved (and it was seconded) to change the order of the agenda and hold the
Briefing on the Critical Areas Ordinance before the Briefing on the Comprehensive Plan Update. There
was no further discussion and the motion carried.
BRIEFING — Critical Areas Ordinance Update
Senior Planner Herrera delivered the staff presentation. The purpose of this briefing is to share the
findings from the city's consultant (Environmental Science Associates). He went over the background,
explained what critical areas are, and what the critical areas ordinance does. Our consultant found gaps in
our existing ordinance:
• Provisions regarding unauthorized alterations and enforcement.
• Mitigation sequencing steps.
• Wetland mitigation ratios for creation, restoration, or enhancement.
• Wetland rating system that considers wetland functions and value.
• No stream buffer enhancement requirements.
• No buffer from geologically hazard area setback.
They also found opportunities for change:
* Use State Department of Natural Resources stream typing.
* Could provide greater flexibility of buffers /setbacks for non - salmon bearing streams.
* No gaps or confusion between state and local regulations.
Rely on state's best available science.
• Use State Department of Ecology wetland classification.
* Applicants would no longer need to apply both city and state ratings in order to obtain permits.
* Again, we can rely on state's best available science.
• Allow offsite mitigation of wetland impacts.
• Provide a list of allowed activities that do not require permits.
* Modification of existing structures, invasive removal, grandfathered vegetative maintenance.
• Allow administrative decisions for certain permits.
* Encroachments into stream and wetland buffers.
* Public notice of application and opportunity to comment would remain.
* Structure the code for better ease of use.
* Housekeeping
* All definitions, purpose statements and policies within the critical areas chapter of zoning and
development code.
Senior Planner Herrera commented that the city has a lot of information on the city's webpage
( www. ciiyoffederalwgy .com /criticalareas), including a survey, a short video explaining several
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environmental considerations, and several city documents (map, staff presentation, etc.). The city plans to
hold a public workshop in October or November 2014 and focus /stakeholder group interviews in October
or November 2014. The proposed amendments will then go to the Land Use/Transportation Committee
for a briefing in December 2014 and a study session with the Planning Commission in January 2015.
Commissioner Noble - Gulliford asked for a copy of the PowerPoint presentation. She also asked if aquifer
recharge areas are a part of the critical areas ordinance update and what to do about old ones. Specifically,
she is concerned because Federal Way's first well, which is located at Brooklake and is close to a
wetland, and a new fire station may be built on the site. Senior Planner Herrera replied that current aquifer
recharge areas are part of the ordinance update. He will need to research about the old ones.
Commissioner Noble - Gulliford asked what the city can do in the meantime about the gaps found by the
consultants. Senior Planner Herrera replied that the State Environmental Protection Act (SEPA) process
will address the gaps. Planning Manager Conlen assured the Commission that the city's current
regulations are not dysfunctional or non - effective, but they can be improved.
BRIEFING — Federal Way Comprehensive Plan (FWRC) Major Update — Chapter Ten, "Private Utilities"
Commissioner Long recused himself; he is working on this project as a staff member. Principal Planner
Clark delivered the presentation. She went over the background and stated that staff will be streamlining
the plan to make it easier for the citizens and decision makers to read and quickly grasp the vision and
how it will be implemented. It is difficult for staff to update this chapter due in part to changes in
technology and upgrades/ changes by the utilities. For this GMA required chapter, most other
jurisdictions describe what exists and generally what may exist in the future and the city will do the same
in our chapter with this update. The majority of the edits are corrections of outdated language and
elimination of unnecessary language. The city is in process of obtaining information from some private
utilities (such as Puget Sound Energy), but this should not affect the policy level discussion.
Staff proposes to delete the detailed descriptions on how the utilities work because this information is
easily found elsewhere. Staff recommends deleting the Issue Statements as they do not appear to add
value to the chapter (in addition, no other chapters have Issue Statements). Staff proposes to delete two of
the current goals and add a different goal. Finally, staff proposes deleting five of the current 23 polies and
adding two new policies.
Commissioner Noble - Gulliford noted that Waste Management is not included in the chapter and asked if
they are exempt. Principal Planner Clark replied she does not know why they have not been included and
will talk with the city's Solid Waste Coordinator about adding information on Waste Management.
Commissioner Noble- Gulliford also noted that the city has a franchise with the Zayo Group for a fiber
optic network in the city and suggested that utilities of this type be added to the chapter. Principal Planner
Clark replied that she will research the issue.
Alternate Commissioner Coleman-Porter suggested that the staff indicate any goals and/or policies
required by the state or county. Senior Planner Clark replied that the state and King County each has one
for private utilities.
ADDITIONAL BUSINESS
None
ADJOURN
The meeting was adjourned at 8:30 p.m.
KAPIanning Commission\2014%4eeting Summary 09- 17- 14.doc
59
CITY OF FEDERAL WAY
PLANNING COMMISSION
August 20, 2014 City Hall
7:00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Lawson Bronson, Sarady Long, Wayne Carlson, Tim O'Neil, Diana Noble -
Gulliford, and Nikole Coleman- Porter. Commissioners absent: Tom Medhurst, Hope Elder, and Anthony
Murrietta (all excused). City Council present: Deputy Mayor Jeanne Burbidge, Members Lydia Assefa-
Dawson, and Martin Moore. Guest present: King County Environmental Health Planner Amy Shumann.
Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Clark, Senior Planner Janet
Shull, Associate Planner Stacey Welsh, Officer Sierra Baker, Assistant City Attorney Ryan Call, and
Administrative Assistant II Tina Piety.
CALL TO ORDER
Vice -Chair Bronson called the meeting to order at 7:05 p.m.
APPROVAL OF MINUTES
The minutes of July 2, 2014, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Planning Manager Conlen stated the next Commission meeting will be a public hearing on the proposed
amendments regarding marijuana- related business on September 17, 2014. He commented that the
Commission will be meeting often the next few months regarding the 2015 Comprehensive Plan Major
Update.
COMMISSION BUSINESS
PRESENTATION — Seattle King County Health Department, "Health and Comprehensive Planning"
King County Environmental Health Planner Amy Shumann delivered the presentation. While King County
ranks high in regards to general health, South King County is less healthy. She reviewed health statistics
and provided Commissioners with a copy of the Federal Way and East Federal Way Health profiles. In
addition, she gave the Commissioners information about Communities Count, which is a public - private
partnership committed to providing reliable, timely, and relevant data to improve the quality of life for
King County residents (www.communitiescount.oriz). Ms. Shumann noted that community-wide policies
and traits impact each person's health. Such policies and traits include:
• Tobacco advertising near children
• Availability of smoke -free housing
• Bike and pedestrian facilities — access and quality
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• Parks — access and quality
• Access to healthy foods
• Density of liquor stores
Good bike and pedestrian infrastructure; high quality public transportation; and quality, affordable
housing all provide health, economic, and environmental benefits. Commissioner Carlson commented
that if staff uses this data, be aware that correlation does not necessarily mean causation. Commissioner
Noble - Gulliford asked what will happen to the data when the Federal Way Health Clinic closes. Ms.
Shumann replied that there are no answers at this time. Commissioner Noble - Gulliford asked if marijuana
use will be included in future statistics. Ms. Shumann replied that she will have to research this question
and will let staff know the result. Commissioner Long asked how access to healthy food is measured. Ms.
Shumann replied it is by how far one lives from a full - service grocery store.
STUDY SESSION— Proposed Amendments Related to Development Regulations for Marijuana -
Related Businesses
Senior Planner Shull delivered the staff presentation. The intent of the study session is to provide an
overview of state law and obtain Commissioner input. The City Council enacted a moratorium on
marijuana- related businesses and directed staff to begin working on recommended regulations that
address: appropriate zoning; health and safety; licensing; and compliance with the law. The moratorium
expires on November 5, 2014. Per state law, up to three retail establishments may be located in Federal
Way. The state does not limit the number of processing (turning marijuana into a product) or production
(growing) establishments. There are separation standards from sensitive uses (schools, libraries, parks,
etc.). Given partially to these separation standards, there is little area in Federal Way where marijuana
establishments may locate. To date, 15 applicants have applied for a Washington State Liquor Board
marijuana retailer license in Federal Way. Staff is keeping track of how other jurisdictions are responding
to this issue.
Staff's preliminary recommendations for amendments to the Federal Way Revised Code (FWRC) deal
with appropriate zoning districts, separation standards, and definitions. Staff recommends that retail
establishments be allowed in the Community Business (BC) and Commercial Enterprise (CE) zoning
districts, with processing and production facilities allowed only in the CE zoning district. Adoption of the
staff's recommendation of zoning districts would mean that establishments would be able to locate in a
few areas at the south end of the Pacific Highway South corridor at SR 18 /South 348`" Street and the
north end of the Pacific Highway South corridor at South 312"' and north to the city limits. Staff proposes
adopting the state's minimum 1,000 -foot separation from sensitive uses. Such uses include: elementary
and secondary schools; playgrounds; recreational center or facility; child care center; public park; public
transit center; library; and game arcades open to people under 21. Staff proposes adopting the state
definitions for: marijuana; marijuana processor; marijuana producer; marijuana retailer; marijuana -
infused products; retail marijuana outlet; and usable marijuana. Staff recommends adoption of a new code
section that would address: signage; facility size; security; visibility; hours of operation; indoor or
outdoor growing; waste management; and fire protection.
Upon receipt of Commissioner input, staff will proceed with development of specific recommendations
for the FWRC amendments. The recommendations for amendments will be brought to the Planning
Commission for consideration at a Public Hearing scheduled for September 17. The Planning
Commission recommendation is tentatively scheduled to go to the Land Use/Transportation Committee
October 6 and to the City Council October 21.
Commissioner O'Neil asked if the city currently has any medical marijuana dispensaries and does the city
have any applications for processing and/or production facilities. Senior Planner Shull responded that the
city does not have any medical marijuana dispensaries (she noted that the legal opinion is that now with I-
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502, any medical dispensaries will have to be retail outlets). Another possibility for medical marijuana is
a collective garden. We do not have any that staff is aware of in Federal Way. It is unclear under I -502
how collective gardens will be regulated. Senior Planner Shull does not know if any processing and/or
production facilities have been applied for. She can research the answer.
Commissioner Carlson feels the staff is heading in the right direction. He is concerned about allowing
group homes and marijuana- related businesses in the same area. The city may be placing people who
struggle with the tendency to abuse next to retail sales of the product. Perhaps a smaller separation
standard could be required for them (say a couple hundreds of feet, so we do not amplify that temptation).
Senior Planner Shull responded that she has not seen a jurisdiction that has a separate separation standard
for group homes, but she has seen some with separate separation standards for similar facilities. Staff will
need to research this issue.
Commissioner Long asked if a jurisdiction bans marijuana- related businesses, would another jurisdiction
be allowed more than three retail establishments. Senior Planner Shull responded no, it is her
understanding that the state will only allow a certain number of retail establishments in a jurisdiction
based on its population.
Commissioner Noble - Gulliford expressed concern that churches are not included in the separation
standards because many of them have schools and daycares. Senior Planner Shull responded that if a
church daycare is registered with the state, they would be protected by the separation standard. She is not
sure about schools in churches and if they are registered with the state. She will have to research this
issue. Vice -Chair Bronson expressed concern that if church and home schools are registered with the state
and protected by the separation standard, there may be no place in the city that a marijuana - related
business could locate.
Commissioner Long inquired if there is any information from Colorado regarding before and after crime
rates. Officer Baker responded there are a few articles that discuss this issue and she can look up statistics
that show that establishment in Tacoma are often robbed (because they are cash businesses). The potential
for violence is there and some articles state they believe marijuana- related businesses have increased the
crime rate in Colorado.
Alternate Commissioner Coleman -Porter encouraged staff to base most of their proposed amendments on
current state regulations because this is a fluid issue and those regulations may change, which could leave
more detailed Federal Way regulations in conflict with the state regulations.
Commissioner Long encouraged staff to make a special effort to let businesses in the proposed zoning
districts and nearby areas know that amendments are being proposed that may allow marijuana- related
establishments to locate near them.
Vice -Chair Bronson noted that the Commission's consensus is for staff to proceed with the current
direction regarding proposed amendments on marijuana- related businesses.
ADDITIONAL BUSINESS
Planning Manager Conlen introduced Alternate Commissioner Nikole Coleman-Porter and Assistant
Planner Stacey Welsh.
ADJOURN
The meeting was adjourned at 8:30 p.m.
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George Garrett, CMA
19124 12th Avenue NW
Shoreline, WA 98177
206 - 792 -6857; george.garrett206 @gmaii.com
September 17, 2014
To: Federal Way Planning Commission
Re: Federal Way Revised Code (FWRC) to regulate recreational marijuana - related retail, production, and
processing businesses within the city.
By way of background, I am one of the three winning lottery applicants selected to receive a retail marijuana
license as issued by the State, pursuant to 1 -502.
I encourage the City's Planning Commission to move forward with the planning for and implementation of
rules and regulations allowing marijuana and marijuana - related retail sales within the City, in accordance
VV I`l h rile voter's initiative I -r-n,)
JVL•
My statement is simple: residents of Federal Way are using marijuana and marijuana- related products every
day despite the ban on legal retail marijuana facilities. Without any legal channels by which to obtain
marijuana currently, a marijuana consumer is forced to obtain his or her product on the black market.
By moving forward to allow the legal and highly regulated sale of marijuana and marijuana - related products,
you move this existing business out of the black market and into a business that contributes to the
community by generating well - paying jobs and tax revenues. Of further importance, you remove money
from the underground economy, much of which ends up supporting illegal activities, locally, nationally and
beyond our borders.
Regards,
George Garrett, CMA, Managing Member
Green Grotto LLC
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