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Planning Commission PKT 09-20-2017City of Federal Way PLANNING COMMISSION September 20, 2017 City Hall 6:30 p.m. Council Chambers Commissioners Lawson Bronson, Chair Hope Elder Tim O'Neil Dawn Meader McCausland Dale Couture, Alternate AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES September 6, 2017 4. AUDIENCE COMMENT- UNRELATED To HEARING 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS • Public Hearing Proposed Amendments Related to FWRC Title 19 for Code Clarification and Use Tables Amendments 7. ADDITIONAL BUSINESS 8. ADJOURN Tom Medhurst, Vice -Chair Wayne Carlson Diana Noble-Gulliford Anthony Murrietta, Alternate K TIanning Comnrission\2017Agenda 09-20-17.doe City Staff Robert "Doc" Hansen, Planning Manager Margaret Clark, Principal Planner E. Tina Piety, Administrative Assistant 253-835-2601 www.citvoflederalway.com CITY OF FEDERAL WAY PLANNING COMMISSION September 6, 2017 City Hall 6:30 p.m. City Council Chambers MEETING MINUTES Commissioners present: Lawson Bronson, Hope Elder, Wayne Carlson, Diana Noble-Gulliford, Tim O'Neil, Dawn Meader McCausland, Anthony Murrietta and Dale Couture. Commissioners absent: Tom Medhurst (ex). City Staff present: Planning Manager Robert "Doc" Hansen, Senior Planner David Van De Weghe, Deputy City Attorney Mark Orthmann, and Administrative Assistant Tina Piety; Guest: W. Scott Snyder, Special Council, Ogden Murphy Wallace Attorneys. CALL TO ORDER Chair Bronson called the meeting to order at 6:30 P.m. APPROVAL OF MINUTES The minutes of August 2, 2017, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Moved to the end of Commission Business. COMMISSION BUSINESS Study Session — Personal Wireless Service Facilities in the Right -of -Way Deputy City Attorney Orthmann introduced Scott Snyder, Special Council, with Ogden Murphy Wallace Attorneys, who will give the presentation. He is here to give an update. He commented that he has contacted wireless providers and others, asking where they expect to locate small cells in the near future. One area of emphasis is the corridor between Tacoma and Seattle. In order to prepare for this, he suggests the next step for the city is to consider revisions to its franchising and right-of-way ordinances, as well as revisions to the zoning code regarding definitions and personal wireless service facilities. He stated there is a sense of urgency because our area is one of the first areas likely to see deployment. Federal law requires that if the city receives an application for permit for a small cell, we only have 60 to 90 days to issue the permit. If it is not dealt with in that time, the permit will be deemed approved. If the city doesn't have regulations in place, we could find ourselves with small cells we are not happy with. While the KAPlanning Commission\2016\Meeting Summary 09-06-17.doc Planning Commission Minutes Page 2 September 6, 2017 GMA excludes right-of-way permits in general from land use regulations (regulations for items in the right-of-way are dealt with through a franchise by the City Council), there are some land use regulations the city can put into place, such as design standards. These standards can deal with such issues as areas of the city that need to be protected (such as where utilities are undergrounded [where utility poles are not available for use], critical areas, and shorelines) and concealment strategies. Mr. Snyder suggested the city develop a process that the providers must show that the installation is needed. The plan at this time is to get a basic framework of regulations in place to guide the deployment of small cells. The majority of the regulations will be under a franchise. Commissioner O'Neil asked what leeway does the city have to dictate where small cells will be located. Mr. Snyder replied that state law requires the city to accommodate small cells in some way and the city cannot discriminate against them (meaning is Verizon requests to locate a small cell on one street and T - Mobile wants to have one on the same street, the city must either allow or deny both). Mr. Snyner stated that the city does have some regulatory power through a franchise and through the zoning code with design standards. Commissioner O'Neil inquired if a property owner could offer the use of their roof for a small cell and if so, can the city regulate it? Mr. Snyder responded that first, anything on private property is regulated by the zoning code. Second, a property owner could offer the use of their roof, but it is unlikely to work because the technology needs a 360 degree and direct line -of -sight view. Commissioner O'Neil asked if the city could receive rent for the small cells. Mr. Snyder replied that in the city could charge rent in certain circumstances, such as for ground -mounted equipment (poles are not owned by the city). Commissioner Carlson would like the requlations to concentrate less on concealment and more on the type of pole used; concealment can end up very bizarre. Mr. Snyder suggested that the city consider requiring a pre-approvded design so staff can see exactly what the small cell will look like. It will be a challenge to design small cells for areas where utilities are undergrounded. For concealment, the city needs to ask how will it blend into the community? Mr. Snyder knows of instances where small cells have been concealed in trash cans where the top is for trash and the bottom has the equipment; the same for benches. Commissioner Meader McCausland asked, since small cells require direct line -of -sight, must the sight - line be clear of intrusions, such as trees? Mr. Snyder stated that tree leaves can reduce the distance microwave signals can be transmitted. Small cells can be placed above the trees, or closer together. He went on to say they don't necessary have to be placed on a pole. For example, small cells could be located on the cables for an intersection light. Commissioner Meader McCausland inquired if multiple cells can be placed on one pole. Mr. Snyder replied that up to three antennas can be accommodated. Small cells cannot collocate, but a provider may want more than one antenna because they use more than one frequency. He noted the size of the antenna depends on the frequency used. Alternate Commissioner Couture expressed his concern that this could lead to unsightly streets due to the number of poles for small cells. Mr. Snyder stated that is a possibility. Having design standards in place should help. Chair Bronson commented that since the subject is proceeding, he assumes there are no health issues with the small cells. Mr. Snyder commented that the federal government has determined that they can be used. Each facility will be checked for any issues and the city will receive the certification. The microwaves are high, so people should not come into their line -of -sight. In addition, the city should have a cut-off clause in case an issue does arise. Chair Bronson asked if they anticipate any concerns with interference. Mr. Snyder replied that is regulated by the federal government and is one of the reasons providers use a number of different frequencies. Providers are required to insure noninterferance with first responder networks. Commissioner Noble-Gulliford asked if the small cells will be accessible by law enforcement. Mr. Snyder responded that they should be accessible with the appropriate warrant. KAPIa ing Commission\2016\Meeting Summary 09-06-17.doc Planning Commission Minutes Page 3 September 6, 2017 Commissioner Carlson asked what is the schedule for this subject. Deputy City Attorney Orthmann replied that the subject first needs to go to the City Council for the franchise. He expects it will come back to the Planning Commission in two to four months. ADMINISTRATIVE REPORT Planning Manager Hansen handed out information on the upcoming Planning Short Course. It will be held during the American Planning Association's Washington State Conference and would be a good opportunity to network with commissioners and planners from other jurisdictions. The next meeting will be September 20th and there will be two public hearings that evening. One on code amendments and the second on a comprehensive plan amendment to change the Capital Improvements Plan table. The City Council approved a moratorium on self -storage facilities for one year. The city has received a large number of requests for self -storage facilities and the time will be used to research why so many want to locate here, whether they fit well in the zones they are allowed, and how they are handled by other jurisdictions. A public hearing on the moratorium will be held by the City Council on October 17th. ADDITIONAL BUSINESS None ADJOURN The meeting was adjourned at 7:35 P.M. KAPIanning Commission\2016\Meeting Summary 09-06-17.doc A . C I T Y O Fri= Federal Way PLANNING COMMISSION STAFF REPORT DATE: September 20, 2017 To: Lawson Bronson, Planning Commission Chair FROM: Brian Davis, Community Development Director Robert "Doc" Hansen, Planning Manager SUBJECT: Amendments to Title 19 of the FWRC, "Zoning and Development Code" I. Introduction Staff has observed and noted a number of items within the Code that has at times resulted in confusion to the public or require interpretation of the Code. Additionally, there are some uses that are in demand that have not been addressed within the Code and, if permitted, where such uses can be placed. The purpose of this proposed amendment is to address some of these issues. This amendment is not intended to address all of the needs within the Code needing clarification. Only items that have been documented by staff over the year having issues with interpretation of the existing Title 19 of the Code are focused upon at this time. Further suggested Code amendments that warrant clarification or issue resolution will be introduced in the future. Per Code, these future amendment proposals can be introduced separately or within the annual Docket procedure. All of the amendments proposed are "non -project" proposals and relate to change in Code text and do not address any proposed project. Any project that is proposed in the future will be required to be processed through existing Code analysis. II. Proposed Code Amendments The current proposed amendment has 10 items for consideration. Each of the Exhibits displays a proposal to amend one section of Title 19. Three items proposed for amendment are all related to Section 19.125 of the Code and are included within only one of the Exhibits. The sections of the Code proposed for amendment are as follows: 1. FWRC 19.65.070(2)(b), Exhibit A. In this section the current Code language reads, "notice of application will be conspicuously posted on or near the subject property. At least one will be posted on or adjacent to every public right-of-way providing primary vehicular access to any property that abuts the subject property." This has been indicated as confusing, causing some to post on several points of the property. The proposed amendment would change this to read, "The notice of application shall be posted on or near the subject property facing a right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property." This amendment will clarify that the sign notification is required to be posted on the site facing the right-of-way. Page 1 2. FWRC 19.110.020(2)(c), Exhibit B. Current language reads that "One-half of the area covered with grass grid pavers will be considered as impervious surface in determining compliance with the maximum lot coverage requirement of this title." The Surface Water Manual (SWM) allows all areas of grass grid to be counted as pervious area for stormwater purposes. The removal of this language in this zoning section will make the Code consistent with SWM. 3. FWRC 19.125 Exhibit C. 19.125.030(2) states, "Required landscape plans for all projects shall be prepared by a Washington State licensed landscape architect." 19.125.035(1)(a) states that persons qualified to prepare landscape plan shall be either "a landscape architect licensed in the state of Washington, a nursery professional certified pursuant to the Washington Certified Nursery Professional program, or a Washington State certified landscape technician." The two languages provide two separate criteria, Section 19.125.030 being more restrictive. Section .030 can be stricken to permit landscape plans to be developed with less cost to the developer/landowner, yet with similar proficiency. In Section 19.125.040(28), current language in this section reads, "Landscaping is not required along perimeter lot lines abutting rights-of-way where no required yards apply pursuant to Division VI, Zoning Regulations." The intent by this section is to release the owner/developer from the requirement to landscape when construction occurs to the property line and no perimeter landscaping can be provided. Perimeter landscaping should still be required if the building is set back from the property line. Based on the way the Code is written, it appears that no perimeter landscaping along the ROW is required even if the building is set back from the property line. This intent could be clarified by replacing and re- wording the current language as suggested in Attachment C within this section. Within Section 19.125.170(5), current language references FWRC 19.275.110 and 19.275.120 for regulations related to temporary use of outdoor storage. This is an incorrect citation. It should read "19.275.080" and "19.275.090" respectively. In Section 19.125.180(1), current language in this section has the similar scrivener error. References "FWRC 19.275.110" and "19.275.120" should be changed to read "19.275.080" and "19.275.090" respectively. 4. FWRC 19.135.100(2) and 19.135.130(2), Exhibit D. Current language within Title 19 provides standards that may not be consistent with City's adopted Development Standards administered by Public Works. It is suggested that this section reference the Public Works Development Standards so that the developer/citizen/administrator does not have to review two separate and potentially inconsistent sources. Also, 19.135.130(2) suggests that the primary road construction standards are the King County standards. The current construction standards of the County should only apply if there are no City standards addressing a particular situation. 5. FWRC 19.05 and 19.195, Exhibit E. No language exists within the Code relating to the demand and desire to create local, small scale wineries, breweries and distilleries. Administrative interpretations have been made regarding such activities even though no language has been drafted providing guidelines for such activity. It is proposed that language be adopted defining these operations and indicating at this time that they occur within the SE zone, which provides activity related to urban agriculture. Such activities would be limited in size and amount of activity to ensure compatibility of the use with surrounding residential and farm activity. 6. FWRC 19.200.010(3), Exhibit F. A condition within the table has language that is confusing. Those that are not familiar with the Code sometimes question whether the side Page 2 yard on a corner lot is 5 feet or 10 feet. The yard not considered the front on a corner lot is 10 feet and language change is proposed to indicate such. 7. FWRC 19.220 and 19.240, Exhibit G. No language currently exists within the Code allowing public utilities and essential public facilities within the Community Business (BC) or Commercial Enterprise (CE) zones. This probably resulted from an oversight, and since they are allowed within all other zones, they should be allowed in these zones under the same conditions and requirements as in the other zones. III. Timeline The actions that have occurred and the anticipated timeline for completion of the code amendments process are shown below: *SEPA Notice to Newspaper 8/11/2017 *Issue SEPA Determination 8/11/2017 * 14 -Day Comment Period Ends 8/25/2017 *Notice of Planning Commission Public Hearing Reschedule to 9/20/17 8/11/2017 8/25/2017 Planning Commission Public Hearing 9/20/2017 21 -Day SEPA Appeal Period Ends 9/15/2017 Land Use/Transportation Committee Meeting 10/02/2017 City Council I51 Reading 10/3/2017 City Council 2nd Reading 10/17/2017 Notice of Action of Hearing in Newspaper and send final version to Department of Commerce 10/18/2017 Ordinance Effective 10/23/2017 *Actions which have already been accomplished. IV. Public Comments Two comments have been received regarding this proposal as of September 13, 2017. One was related to a project -specific proposal and was not related to the proposal being presented. V. Reason for Planning Commission Action FWRC Chapter 19.80.050(2) allows the City Council to review city -initiated changes to development regulations at the Council's discretion. The section establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: To review and evaluate the proposed zoning code text regarding any proposed amendments. 2. To determine where the proposed zoning code text amendments meet the criteria established in FWRC 19.80.130 including: Page 3 a. That the proposed amendment is consistent with the applicable provisions of the comprehensive plan; b. The proposed amendment bears a substantial relation to public health, safety or welfare; and c. That the proposed amendment is in the best interest of the residents of the city. 3. To forward a recommendation to the City Council regarding adoption of the proposed zoning code text amendments. VI. Decisional Criteria FWRC 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 if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. Staff Response — The adopted Comprehensive Plan is to be implemented by development regulations as indicated within the Growth Management Act. Within the "Introduction" of the Federal Way Comprehensive Plan it states that the role of the plan "is to clearly state the community's vision for its future." One purpose of the amendment is to more clearly define implementing measures meeting the Plan's intent. Another proposed code amendment is to allow wine and brewery uses, which enhances economic development, meeting the following Federal Way and County -wide policies: MPP-Ec-S: Foster a supportive environment for business startups, small businesses, and locally owned businesses to help them continue to prosper. EC -6: Foster the retention and development of those businesses and industries that export their goods and services outside the region. Allowing these industries at a small scale will foster business start-up. Small wineries and breweries often export their products to other areas, which increases economic development. Allowing such a use through a Process III review process also ensures that the economic development activity is compatible within the neighborhood and therefore meets the following Comprehensive Plan policy: LUP36: Require development to be compatible and well integrated into its surroundings and adjacent zones through site and building design and development standards that reduce or eliminate land use conflicts and nuisance impacts; ensure project aesthetics; promote sharing of public facilities and services; and improve vehicular and pedestrian traffic flow and safety, including access control and off-street interconnectivity between adjoining properties where feasible. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. Staff Response — The proposed code amendment bears a substantial relationship to public welfare because it provides implementing clarifications to a number of sections of Title 19 of FWRC. The amendment also offers economic incentive for a new and creative use Page 4 within the City, which is made compatible with surrounding environments and the potential increase in tourism. The clarification of various sections of the Code will eliminate interpretation within those sections proposed for amendment and less "guessing" on the part of landowner and/or developer. The proposed amendment is in the best interest of the residents of the City. Staff Response — The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it clarifies a number of regulations that have required interpretation, which can result with inconsistency in implementation. The amendment also creates an opportunity for small businesses, which may increase the economic base of the City. VII. Planning Commission Action Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed development regulation amendments: 1. Recommend to City Council adoption of the FWRC text amendments as proposed; 2. Modify the proposed FWRC text amendments and recommend to City Council adoption of the FWRC text amendments as modified; 3. Recommend to City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to City Council without a recommendation. EXHIBITS Exhibit A: FWRC 19.65.070 (2)(b) - Appropriate Posting of Proposals Exhibit B: FWRC 19.110.020(2)(c) - Providing Consistency with Impervious Surface Definition Exhibit C: FWRC 19.125.030, 19.125.035, 19.125.040, 19.125.170 and .180 - Proposal to Amend Landscape Language within Section 19.125 Exhibit D: FWRC 19.135.100(2) and 19.135.130(2) - Referencing City Road Standards and County Road Standards Exhibit E: FWRC 19.05, 19.195.080, 19.262 and 19.195.270 - Allowing Breweries and Wineries Exhibit F: FWRC 19.200.010(3) - Clarification of Sideyard Requirements on Corner Lots Exhibit G: FWRC 19.220 and 19.240 - Allowing Public Utilities in All Zones Page 5 Exhibit A: Appropriate Posting of Proposals Page 6 Chapter 19.65 PROCESS III — PROJECT APPROVAL Sections: 19.65.010 Process III generally. 19.65.050 Compliance with State Environmental Policy Act. 19.65.060 Official file. 19.65.070 Notice. 19.65.080 Burden of proof. 19.65.090 Written comments. 19.65.100 Director's decision. 19.65.120 Appeals. 19.65.010 Process III generally. Various places in the Code indicate that certain developments, activities or uses are permitted only if approved using process III. This chapter describes process III. All commercial, office, industrial, institutional, and multifamily development applications subject to the provisions of this chapter, including applications for remodeling and expansion of an existing use, shall also meet the requirements of Chapter 19.115 FWRC, Community Design Guidelines. If the development, activity, or use that requires approval through process III is part of a proposal that also requires approval through process IV, the entire proposal will be decided upon using process IV, if the director determines that this will result in more efficient decision making. Under process III, the director will make the initial land use decision and the decision on the community design guidelines based on written comments and information. Any appeals of either decision will be decided by the hearing examiner after a public hearing. (Ord. No. 09-594, § 50,1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(145.05), 2-27-90. Code 2001 § 22- 386.) Cross reference: Hearing examiner, Chapter 2.95 FWRC. 19.65.050 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this chapter. The director shall evaluate each application and, where applicable, comply with the State Environmental Policy Act and with state regulation and city ordinances issued under the authority of the State Environmental Policy Act. (Ord. No. 09-594, § 54, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(145.20), 2-27-90. Code 2001 § 22- 390.) Cross reference: Environmental policy, FWRC Title 14. 19.65.060 Official file. (1) Contents. The director shall compile an official file on the application containing the following: (a) All application material submitted by the applicant. (b) All written comments received on the matter. (c) The written decision of the director. (d) If the decision of the director is appealed, the following will be included in the file: (i) The notice of appeal. (ii) All written comments received regarding the appeal. (iii) The staff report on the appeal. (iv) The electronic sound recording of the hearing on the appeal. (v) The decision of the hearing examiner on the appeal. (e) Any other information relevant to the matter. (2) Availability. The official file is a public record. It is available for inspection and copying in the department during regular business hours. (Ord. No. 09-594, § 55, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(145.25), 2-27-90. Code 2001 § 22 391.) 19.65.070 Notice. (1) Content. The director shall, within 14 days of issuing a letter of completeness on the proposal, prepare a notice of application containing the following information: Page 7 (a) The name of the applicant and, if applicable, the project name. (b) The date of application, the date of the notice of completion for the application, and the date of the notice of application. (c) The street address of the subject property or, if this is not available, a description of the location of the property in nonlegal language. Except for notice published in a newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (d) A brief description of the requested decision, including a citation to the provision of this title governing the request, a list of the project permits included in the application and, if applicable, a list of any studies requested. To the extent known by the city, the notice shall include any related permits which are not included in the application. (e) A statement of the availability of the official file. (f) A statement of the right of any person to submit written comments to the director regarding the application within 15 days of the date of the notice. (g) A statement that only the applicant, persons who submit written comments to the director, or persons who specifically request a copy of the original decision may appeal the director's decision. (h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (i) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.7013.040. (2) Distribution. Within 14 calendar days of issuing the letter of completeness, the director shall distribute this notice of application as follows: (a) A copy of the notice of application will be published in the official daily newspaper of the city. (b) The notice of application shall be posted on or near the subject property—At facing the public right-of-way or vehicle access easement or tract providing p4mary direct vehicular access to a44y the subject property. Page 8 Exhibit B: Providing Consistency with Impervious Surface Definition Page 9 _ _ Chapter 19.110 DENSITY AND DIMENSIONS Sections: 19.110.010 Affordable housing regulations. 19.110.020 Calculating lot coverage. 19.110.030 Rounding of fractions of dwelling units. 19.110.040 Regulation of distance between structures — Regarding maximum horizontal facade. 19.110.050 Compliance generally. 19.110.060 Exceptions. 19.110.070 Rooftop appurtenances — Required screening. 19.110.080 Increases to single -story construction limits — City center core and frame. 19.110.010 Affordable housing regulations.'- ................... ........................... ................... ............................................................................ ............. ...... (1) Purpose. To provide affordable housing to the citizens of Federal Way and to comply with the Growth Management Act and the county -wide planning policies for King County. (2) Affordable housing defined. "Owner -occupied affordable housing" means dwelling units that are offered for sale at a rate that is affordable to those individuals and families having incomes that are 80 percent or below the median county income. "Rental affordable housing' means dwelling units that are offered for rent at a rate that is affordable to those individuals and families having incomes that are 50 percent or below the median county income. (3) Multiple -family developments; senior citizen housing; assisted living facilities; townhouse development; zero -lot line townhouse development; mixed-use projects; and cottage housing in multifamily zones. New projects involving 25 dwelling units or more are required to provide affordable dwelling units as part of the project. At least two dwelling units or five percent of the total number of proposed units, whichever is greater, shall be affordable. Projects including affordable dwelling units may exceed the maximum allowed number of dwelling units as follows: (a) One bonus market rate unit for each affordable unit included in the project; up to 10 percent above the maximum number of dwelling units allowed in the underlying zoning district. (4) Single-family developments. New single-family developments in the RS -35, RS -15, RS -9.6, and RS -7.2 zoning districts have the option of providing affordable dwelling units as part of the project. Projects including affordable dwelling units may reduce minimum lot size as follows: (a) Those lots in a new single-family conventional subdivision or short subdivision which are proposed to contain affordable dwelling units may be reduced in area by up to 20 percent of the minimum lot size of the underlying zoning district; provided, that the overall number of dwelling units in the subdivision may not exceed 10 percent of the maximum number of units allowed in the underlying zoning district. (5) Provisions for affordable housing for cottage housing development in single-family residential zones are set forth in Chapter 19.250 FWRC. (6) Duration. An agreement in a form approved by the city must be recorded with King County department of elections and records requiring affordable dwelling units which are provided under the provisions of this section to remain as affordable housing for the life of the project. This agreement shall be a covenant running with the land, binding on the assigns, heirs and successors of the applicant. Page 10 (Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 07-554, § 5(Exh. A(8)), 5-15-07; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 97-306, § 3,12-2-97. Code 2001 § 22-976.) 19.110.020 Calculating lot coverage. (1) General. Except as specified in subsection (2) of this section, the area of all structures, pavement and any other impervious surface on the subject property will be calculated as a percentage of total lot area, exclusive of the area of any recorded access easements, in determining compliance with maximum lot coverage required in this title. If the subject property contains more than one use, the maximum lot coverage requirements for the predominant use will apply to the entire development. (2) Exceptions. The following shall be excepted from the provisions of this section: (a) A wood deck will not be considered as an impervious surface for maximum lot coverage proposed if the deck is constructed with gaps between the boards and if there is a pervious surface below the deck. (b) A vehicular access easement, private tract, or that portion of a private driveway located within the "flag pole" or "access panhandle" part of the lot will not be used or considered in determining compliance with the maximum lot coverage requirement of this title. Page 11 Exhibit C: Proposal to Amend Language within Section 19.125 Page 1 Sections: Chapter 19.125 OUTDOORS, YARDS, AND LANDSCAPING'' Article I. Landscaping 19.125.010 Purpose. 19.125.020 Applicability. 19.125.030 Landscape plan approval. 19.125.035 Landscape and irrigation plan submittal requirements. 19.125.040 General landscaping requirements — All zones. 19.125.050 Landscaping types. 19.125.060 Landscaping requirements by zoning district. 19.125.070 Parking lot landscaping. 19.125.085 Planting requirements for certain trees. 19.125.090 Performance and maintenance standards. 19.125.100 Modification options. Article II. Fences and Screening 19.125.120 Barbed wire. 19.125.130 Electrified fences. 19.125.140 Razor wire fences prohibited. 19.125.150 Solid waste receptacles — Placement and screening. Article III. Yard Requirements 19.125.152 Scope of article. 19.125.156 Exceptions and limitations in some zones. 19.125.160 Structures and improvements. Article IV. Outdoor Activities and Storage 19.125.165 Application of article. 19.125.170 Commercial and industrial uses. 19.125.180 Regulation of outdoor storage containers for permanent accessory storage. Page 13 19.125.190 Permit requirements for permanent accessory outdoor storage containers. Article 1. Landscaping 19.125.010 Purpose............................................................. The purpose of this article is to: (1) Provide minimum standards for landscaping in order to maintain and protect property values and to enhance the general appearance of the city. (2) Encourage creative landscaping designs that utilize native vegetative species, drought -tolerant species, and retain natural vegetation, in order to reduce the impact of development on the water resources of the city. (3) Respond to state -level mandates for action in such areas as water conservation, energy conservation, enhancement of water quality, and improvement of air quality. (4) Reflect current city planning goals, urban design standards, and ecological awareness. (5) Provide an appropriate amount and quality of landscaping related to all land use in the city. (6) Establish a minimum level of regulation that reflects the purposes of this title. (7) Provide for design flexibility. (8) Retain stands of trees and mature vegetation, a valuable natural resource of the community. (9) Recognize the unique qualities embodied in public facilities by providing for a reasonable degree of flexibility in structure while protecting adjacent uses. (10) Encourage low -impact techniques including the use of native or drought -tolerant plants. (Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 01-390, § 3, 6-5-01; Ord. No. 93-170, § 4, 4-20-93. Code 2001 § 22- 1561.) 19.125.020.. Applicability. ....................................................................... ....................................................................................................................................................................... This article shall apply to all development applications in the city, with the exception of individual single-family residential lots which shall only comply with the applicable requirements of FWRC 19.120.130 for tree and vegetation preservation. (Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 93-170, § 4, 4-20-93. Code 2001 § 22-1562.) 19.125.030 Landscape plan appal. rov ......................................................................................................................................................................... (1) No permit shall be issued to erect, construct or undertake any development project without prior approval of a landscape plan by the department of community development. (2) Required landscape plans for all projects shall be prepared by persons qualified pursuant to FW RC 19.125.035(1)(a) 19.125.035 Landscape and irrigation plan s­11.111-1ubmittal requirements. The applicant shall submit the appropriate number of landscape and irrigation plans for review, as determined by the department of community development services. The landscape and irrigation plan may be provided separately or incorporated into plans submitted for site plan review. Landscaping and irrigation may be shown on the same plan. No permit for use which is subject to the requirements of this section shall be issued until the Page 14 landscape and irrigation plan for such use has been approved by the department of community development services. (1) Landscape plans. (a) Persons qualified to prepare landscape plan. The landscape plan shall be prepared by a landscape architect licensed in the state of Washington, a nursery professional certified pursuant to the Washington Certified Nursery Professional program, or a Washington State certified landscape technician. (b) The landscape plan shall be prepared to an appropriate scale, not less than one inch to equal 40 feet, necessary to depict the following: (i) Name and address or location of project; (ii) Vicinity map; (iii) Scale, north arrow, and date of plan; (iv) All property lines, impervious surfaces (including the total, paved impervious surface), vehicular drives, parking lots, proposed structures (including the square footage of such structures), natural or manmade water features or bodies, above ground stormwater detention and treatment areas, proposed fences and retaining walls, critical lands and associated buffers, and designated recreational open space areas; (v) All existing and proposed landscape areas showing existing trees and/or vegetation to be retained and vegetation to be removed and proposed plants to be installed. The area of all existing and proposed landscaping shall be calculated and shown on the plan; (vi) A plant schedule containing the botanical and common names of the new plant material, existing plant material proposed to be retained, typical spacing for that species, the planting size of the material, the quantity of each plant, and any special planting instructions; (vii) All topographic features of the area to be landscaped such as swales. A contour map detailing intervals at two feet shall be provided; and (viii) All existing and proposed drainage and watering facilities. (2) Irrigation plans. Where an irrigation plan is required to ensure that the planting will receive sufficient water for survival and growth, the following shall apply: (a) Persons qualified to prepare plans. The irrigation plan shall be prepared by a Washington State registered landscape architect or irrigation designer certified by the Irrigation Association. (b) Where automatic irrigation is required, a subsurface irrigation or drip irrigation system shall be provided in accordance with all state and local rules, regulations, and ordinances, including approved backflow devices. The tap, service, and meter shall be coordinated with the city's public works director. The system shall completely cover all planting areas. (c) The spacing of sprinkler heads shall not exceed the spacing recommended by the manufacturer of the head. Where an area may be utilized by pedestrians, pop-up heads are preferred. The system shall be designed to achieve maximum water efficiency and overthrow onto public sidewalks or streets shall be kept to a minimum. (3) Review of landscape, irrigation, and tree plans. Where landscape, irrigation, or tree plans are required in concert with other site development permit applications, the plans shall be reviewed by the department of community development services or the city's consultant, as determined by the department of community development services. If the department of community development services designates the plans be reviewed Page 15 by the city's consultant, the applicant shall cover the cost of the third party review as required in accordance with the city's fee ordinance. (Ord. No. 09-610, § 3(Exh. A), 4-7-09. Code 2001 § 22-1563.1.) 19.125.040 General landscaping requirements — All zones (1) All portions of a lot not used for buildings, future buildings, parking, storage or accessory uses, and proposed landscaped areas shall be retained in a "native" or predeveloped state. The department of community development may allow or require supplemental plantings in these areas, pursuant to the provisions of this title. (2) All outside storage areas shall be fully screened by Type I landscaping a minimum of five feet in width, as described in FWRC 19.125.05;.(1), unless determined by the community development review committee (CDRC) that such screening is not necessary because stored materials are not visually obtrusive. (3) Slopes in areas that have been landscaped with lawn shall generally be a 3:1 ratio or less, length to height, to assist in maintenance and to allow irrigation systems to function efficiently. In other areas of plantings, a slope of up to a 2:1 ratio, length to height, may be used if acceptable to the public works director, upon review of a geotechnical/soils study submitted by an applicant to ensure soil slope integrity. Figure 1 — FWRC '19.125.040(4) (4) All trash enclosures shall be screened from abutting properties and/or public rights-of-way by a 100 percent sight -obscuring fence or wall and appropriate landscape screen. (5) Type III landscaping, defined in FWRC ___„(3), shall be placed outside of sight -obscuring fences abutting public rights-of-way and/or easements unless determined by the director of community development that such arrangement would be detrimental to the stated purpose of this article. (6) With the exception of lawn areas, at least 25 percent of new landscaping materials (i.e., plants, trees, and groundcovers) shall consist of drought -tolerant species. All developments are encouraged to include native Pacific Northwest and drought -tolerant plant materials for all projects. (7) Deciduous trees shall have a caliper of at least 1.5 inches at the time of planting measured 4.5 feet above the root ball or root structure. (8) Evergreen trees shall be a minimum six feet in height (measured from tree top to the ground) at the time of planting. (9) Shrubs shall be a minimum 12 to 24 inches in height (measured from top of shrub to the ground) at the time of planting based on the following: Page 16 (a) Small shrubs — 12 inches. (b) Medium shrubs — 18 inches. (c) Large shrubs — 24 inches. (10) Groundcovers shall be planted and spaced, using a triangular planting arrangement, to result in total coverage of a landscaped area within three years. (11) Areas planted with grass/lawn shall: (a) Constitute no more than 75 percent of landscaped areas, provided, there shall be an exception for biofiltration swales; and (b) Be a minimum of five feet wide at the smallest dimension. (12) Grass and required landscaping areas shall contain at least four inches of topsoil at finish grade (13) Existing clay or sandy soils shall be augmented with an organic supplement. (14) Landscape areas shall be covered with at least two inches of mulch to minimize evaporation where plant materials will cover and three inches of mulch over bare soil. (15) In order to reduce irrigation requirements, design principles using xeriscape techniques are encouraged. In meeting water conservation goals, and to deliver appropriate amounts of water necessary to maintain planted vegetation, species that are not drought tolerant should be grouped together and have irrigation systems, and be separated from any other irrigation system provided for drought -tolerant species. (16) Mulch shall be used in conjunction with landscaping in all planting areas to meet xeriscaping goals, assist vegetative growth and maintenance or to visually compliment plant material. Mulches include organic materials such as wood chips and shredded bark. Nonvegetative material shall not be an allowable substitute for plant material. (17) All development shall comply with city of Federal Way street tree requirements. (See the City of Federal Way Right -of -Way Vegetation Standards and Specifications Manual.) (18) Landscaping proposed to be located within or adjacent to utility easements shall be reviewed by the respective utility agency(ies). (19) Landscaping and fencing shall not violate the sight distance safety requirements at street intersections and points of ingress/egress for the development. (20) All tree types shall be spaced appropriate for the compatibility of the planting area and the canopy and root characteristics of the tree. (21) All permanent lawn or sod areas shall have permanent irrigation systems (22) Screening of blank building walls. Building walls which are uninterrupted by window, door, or other architectural feature(s) listed in Chapter 19.115 FWRC, Community Design Guidelines, FWRC '1 9.115.060(3)(b), that are 240 square feet or greater in area, and not located on a property line, shall be screened by landscaping. Such planting shall include trees, shrubs and groundcover appropriate for the area proposed. (23) Foundation landscaping is encouraged for all developments to reduce the scale, bulk and height of structures. Page 17 (24) All loading areas shall be fully screened from public right-of-way or nonindustrial/manufacturing uses with Type I landscaping. all me r Figure 2 — FWRC 19.125.040(23) (25) Use of products made from post -consumer waste is encouraged whenever possible. (26) Soil in parking lot landscaped areas must be noncompacted to a depth of 18 inches prior to planting of any shrubs, trees, or groundcovers. (27) Landscaping shall not be required along interior lot lines within a development where parking is being shared. (28) Landscaping is not required along perimeter lot lines abutting rights-of-way where the building is constructed so that the bulding's side(s) rest directly on the lot line and no requiFed yards apply can be provided pursuant to Division VI, Zoning Regulations. Landscaping along the perimeter lot lines abutting rights- of-way shall be required pursuant to Division VI Zoning Regulations where the building is constructed so that the building's side(s) do not rest directly on the lot line (Ord. No. 10-678, § 6,12-7-10; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 93-170, § 4, 4-20-93. Code 2001 § 22-1564.) 19.125.050...Landscaping type. s............................................................................................................ .................... (1) Type I — Solid Screen. (a) Purpose. Type I landscaping is intended to provide a solid sight barrier to totally separate incompatible land uses. This landscaping is typically found between residential and incompatible nonresidential land uses, such as industrial/manufacturing uses, and around outdoor storage yards, service yards, loading areas, mechanical or electrical equipment, utility installations, trash receptacles, etc. (b) Description. Type I landscaping shall consist of evergreen trees, large shrubs and groundcover, which will provide a 100 percent sight -obscuring screen within three years from the time of planting; or a combination of approximately 75 percent evergreen and 25 percent deciduous trees, with an allowable five percent variance, with large shrubs, and groundcover backed by a 100 percent sight -obscuring fence. Tree, shrub, and groundcover spacing shall be appropriate for the species type, and consistent with the intent of this section. Page 18 Figure 3 — FWRC 19.125.050(1) (2) Type 11 — Visual Screen. (a) Purpose. Type II landscaping is intended to create a visual separation that may be less than 100 percent sight -obscuring between incompatible land use zones. This landscaping is typically found between commercial and industrial zones; high density multifamily and single-family zones; commercial/office and residential zones; and to screen industrial uses from the street. (b) Description. Type II landscaping shall be evergreen or a combination of approximately 60 percent evergreen and 40 percent deciduous trees, with an allowable five percent variance, interspersed with large shrubs and groundcover. A sight -obscuring fence may be required if determined by the CDRC that such a fence is necessary to reduce site specific adverse impacts to the adjacent land use. Trees, shrub, and groundcover spacing shall be appropriate for the species type, and the intent of this section. �L'�lO1J Figure 4 — FWRC 19.125.050(2) (3) Type 111 — Visual Buffer. (a) Purpose. Type III landscaping is intended to provide partial visual separation of uses from streets and main arterials and between compatible uses so as to soften the appearance of parking areas and building elevations. (b) Description. Type III landscaping shall be a mixture of evergreen and deciduous trees interspersed with large shrubs and groundcover. Tree, shrub, and groundcover spacing shall be appropriate for the species type, and the intent of this section. Page 19 .fiat.t YLA,•..1 t A5 110 n Figure 5 — FWRC 19.125.050(3) (4) Type IV — Open Area Landscaping. (a) Purpose. Type IV landscaping is primarily intended to provide visual relief and shading while maintaining clear sight lines typically used within vehicular paved areas. (b) Description. Type IV landscaping shall consist of trees planted with supporting shrubs and groundcover. Shrubs shall be pruned at 40 inches in height, and the lowest tree branches shall be pruned to keep an eight -foot clearance from the ground. One tree per landscape island up to 150 square feet shall be planted. One additional tree shall be planted for landscape islands up to 305 square feet. Tree, shrub, and groundcover spacing shall be appropriate for the species type, and the intent of this section. See FWRC 19.125.070 for location of Type IV landscaping. Figure 6 — FWRC 19.125.050(4) (Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 93-170, § 4, 4-20-93. Code 2001 § 22-1565.) 19.125.060 Landscaping.requirements by zoning district. (1) Suburban Estates, SE. (a) Type III landscaping 10 feet in width shall be provided along all property lines of nonresidential uses in the SE zoning district, except as provided in FWRC 19.125.070. (2) Single -Family Residential, RS. Page 20 (a) Type III landscaping 10 feet in width shall be provided along all property lines of nonresidential uses in the RS zoning districts, except as provided in FWRC 19.125.070. (3) Multifamily Residential, RM. (a) Type III landscaping 20 feet in width shall be provided along all public rights-of-way and ingress/egress easements, except for zero lot line townhouse and small lot detached development, which shall be required to provide Type III landscaping 10 feet in width along all arterial rights-of-way. Said landscaping shall be in a separate tract and shall be credited to the common open space requirement. (b) Type II landscaping 20 feet in width shall be provided along the common boundary abutting single- family zoning districts, except for zero lot line townhouse and small lot detached development. (c) Type III landscaping 10 feet in width shall be provided along all perimeter lot lines, except as noted in subsections (3)(a) and (b) of this section and except for zero lot line townhouse and small lot detached development. (4) Professional Office, PO. (a) Type III landscaping eight feet in width shall be provided along all property lines abutting public rights-of-way and access easements. (b) Type I landscaping 10 feet in width shall be provided along all perimeter property lines abutting a residential zoning district except for schools which shall provide 10 feet of Type Il. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in subsections (4)(a) and (b) of this section. (5) Neighborhood Business, BN. (a) Type III landscaping five feet in width shall be provided along all properties abutting public rights-of- way and ingress/egress easements. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width along all perimeter lot lines except as noted in subsections (5)(a) and (b) of this section. (6) Community Business, BC. (a) Type III landscaping five feet in width shall be provided along all properties abutting public rights-of- way and ingress/egress easements. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (6)(a) and (b) of this section. (7) City Center, CC. (a) Type III landscaping five feet in width shall be provided along the perimeter of parking areas abutting public rights-of-way. Page 21 (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (7)(a) and (b) of this section, except that landscaping is not required along perimeter lot lines abutting rights-of-way, where no required yards apply pursuant to Chapter 19.225 FWRC. (8) Office Park, OP; and Corporate Park, CP -1 (a) Type III landscaping 10 feet in width shall be provided along all property lines abutting public rights- of-way and access easements. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in subsections (8)(a) and (b) of this section. (9) Commercial Enterprise, CE. (a) Type III landscaping five feet in width shall be provided along all property lines abutting public rights- of-way and access easements, except industrial uses shall provide Type II landscaping 10 feet in width along such property lines. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of the property abutting a residential zoning district, except industrial uses shall provide Type I landscaping 25 feet in width along such property lines. (c) Type III landscaping five feet in width shall be provided along the perimeter of the property abutting a nonresidential zoning district, except industrial uses shall provide Type II landscaping 10 feet in width along such property lines. (Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 07-554, § 5(Exh. A(13)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 96-270, § 3(E), 7-2-96; Ord. No. 93-170, § 4, 4-20-93. Code 2001 § 22-1566.) 19.125.070 Parking lot landscaping. .................... ...................1........ ............. (1) Purpose. The purpose of this section is to break up large areas of impervious surfaces, mitigate adverse impacts created by vehicle use areas which include noise, glare and increases in heat reflection by buffering, screening adjacent properties and shading, respectively, to facilitate movement of traffic, and improve the physical appearance of vehicle use areas. Developments are encouraged to use parking lot landscaping as on- site LID stormwater infiltration facilities, unless such techniques are infeasible. LID stormwater infiltration facilities shall be designed and constructed accordance with FWRC Title 16, Surface Water Management. (2) Type IV Landscaping. Type IV landscaping shall be provided within surface parking areas as follows: (a) Required interior lot landscaping. Landscape area shall be provided at the following rate within paved areas: (i) Commercial, industrial, and institutional developments shall provide the following: (A) Twenty square feet per parking stall when up to 49 parking stalls are provided; and (B) Twenty-two square feet per parking stall when 50 or more parking stalls are being provided. (ii) Residential developments with common parking areas including, but not limited to, subdivisions, PUDs or multifamily, shall provide landscape areas at a rate of 15 square feet per parking stall. Page 22 Figure 7 — FWRC 19.125.070(3) (3) Landscape islands. Landscape islands shall be a minimum size of 64 square feet and a maximum of 305 square feet, and a minimum width of six feet at the narrowest point for islands at the end of 90 -degree parking rows, three feet at the end of rows with angled parking, and eight feet in width for islands used to separate head-to-head parking stalls and shall be provided at the following locations: (a) At the end of all rows of parking; and (b) For separation buffering between loading doors or maneuvering areas and parking areas or stalls; and (c) Any remaining required landscaping shall be dispersed throughout the interior parking area in a manner to reduce visual impact of the parking lot; (d) Deciduous trees are preferred for landscape islands within interior vehicle use areas. (4) Curbing. Permanent curbing shall be provided in all landscape areas within or abutting parking areas. Based upon appropriate surface water considerations, other structural barriers may be substituted for curbing, such as concrete wheel stops. Page 23 Figure 8 — FWRC 19.125.070(4) (5) Parking areas/screening for rights-of-way. (a) Parking areas adjacent to public right-of-way shall incorporate berms at least three feet in height within perimeter landscape areas; or alternatively, add substantial shrub plantings to the required perimeter landscape type, and/or provide architectural features of appropriate height with trees, shrubs and groundcover, in a number sufficient to act as efficient substitute for the three-foot berm, to reduce the visual impact of parking areas and screen automobiles, and subject to approval by the director of community development. (b) Parking adjacent to residential zones shall reduce the visual impact of parking areas and buffer dwelling units from light, glare, and other environmental intrusions by providing Type I landscaping within required perimeter landscape areas. (6) Vehicular overhang. Vehicular overhang into any landscaping area shall not exceed two feet. + r _ Y_ � rf u R ^0" All Iww.4:erJ' � W�rM Figure 9 — FWRC 19.125.070(6) (7) Landscaping and irrigation. (a) All landscape islands within parking areas shall use drought -tolerant trees, shrubs and groundcovers. The use of plants native to the Pacific Northwest is encouraged. Lawn shall not be permitted in landscape islands less than 200 square feet and shall be used as an accessory planting material to required trees, shrubs, and other groundcovers. (b) No plant material greater than 12 inches in height shall be located within two feet of a curb or other protective barrier in landscape areas adjacent to parking spaces and vehicles use areas. (Ord. No. 09-630, § 36, 10-20-09; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 93-170, § 4, 4-20-93. Code 2001 § 22-1567.) 19.125.085 Planting requirements for certain trees. ........__.............._............................_.............................._................._....__..............._.............._................................................................... .... .............. (1) The following types of trees may not be planted closer than the listed minimum planting distance to rights- of-way or sewers: Minimum Planting Trees Distance Page 24 (2) In addition to any other enforcement mechanism or penalty contained within or authorized by this chapter, any person violating this provision is responsible for any damage caused by the tree or trees. (3) All street trees and other plantings shall be installed in conformance with standard landscaping practices and with appropriate city guidelines and regulations. (Ord. No. 09-610, § 3(Exh. A), 4-7-09. Code 2001 § 22-1568.1.) 19.125.090 Performance and maintenance standards. .......................--............................................................................................................_................................ (1) Performance. (a) All required landscaping shall be installed prior to the issuance of a certificate of occupancy (CO) or final inspection, unless the applicant submits a performance assurance as noted in subsection (1)(b) of this section. (b) Performance assurance. If the required landscaping pursuant to an approved site plan will not be installed prior to the issuance of certificate of occupancy, a performance bond or assignment of funds in a form acceptable to the city attorney must be provided to the city to not let than 125 percent of a contractor's bid. The bond or assignment of funds must be approved by the city and will commit to install the landscape plantings within six months. The bond must be submitted on forms supplied by the city. The bid bond amount must include labor and materials. (c) When landscaping is required pursuant to this title, an inspection shall be performed to verify that the installation has been installed pursuant to the standards of this title. (d) Upon completion of the landscaping work, the community development department shall inspect the landscape upon request for compliance with the approved landscape plan. (e) A CO or final inspection may be issued prior to completion of required landscaping provided the following criteria are met: (i) An applicant or property owner files a written request with the department of community development prior to five days of a CO inspection; (ii) The request contains an explanation as to why factors beyond the applicant's control, or which would create a significant hardship, prevent the installation of the required landscaping prior to issuance of the CO; Page 25 Trees Minimum Planting Distance (a) Ailathus altisinia (Tree of Heaven) 25' (b) Catalpa 25' (c) Cottonwood 40' (d) Juglamus nigra (Black Walnut) 25' (e) Platanus (Plane, Sycamore) 40' (f) Populus (Poplars) 40' (g) Salix (Willows) 25' (h) Tilia americana (Basswood) 25' (i) Ulmus (Elm) 40' (2) In addition to any other enforcement mechanism or penalty contained within or authorized by this chapter, any person violating this provision is responsible for any damage caused by the tree or trees. (3) All street trees and other plantings shall be installed in conformance with standard landscaping practices and with appropriate city guidelines and regulations. (Ord. No. 09-610, § 3(Exh. A), 4-7-09. Code 2001 § 22-1568.1.) 19.125.090 Performance and maintenance standards. .......................--............................................................................................................_................................ (1) Performance. (a) All required landscaping shall be installed prior to the issuance of a certificate of occupancy (CO) or final inspection, unless the applicant submits a performance assurance as noted in subsection (1)(b) of this section. (b) Performance assurance. If the required landscaping pursuant to an approved site plan will not be installed prior to the issuance of certificate of occupancy, a performance bond or assignment of funds in a form acceptable to the city attorney must be provided to the city to not let than 125 percent of a contractor's bid. The bond or assignment of funds must be approved by the city and will commit to install the landscape plantings within six months. The bond must be submitted on forms supplied by the city. The bid bond amount must include labor and materials. (c) When landscaping is required pursuant to this title, an inspection shall be performed to verify that the installation has been installed pursuant to the standards of this title. (d) Upon completion of the landscaping work, the community development department shall inspect the landscape upon request for compliance with the approved landscape plan. (e) A CO or final inspection may be issued prior to completion of required landscaping provided the following criteria are met: (i) An applicant or property owner files a written request with the department of community development prior to five days of a CO inspection; (ii) The request contains an explanation as to why factors beyond the applicant's control, or which would create a significant hardship, prevent the installation of the required landscaping prior to issuance of the CO; Page 25 (iii) The property owner has demonstrated a good faith effort to complete all required landscaping. (f) The time period extension for completion of the landscaping shall not exceed 90 days after issuance of a certificate of occupancy to install required landscaping. (g) Failure to complete landscape installation by an established 90 -day extension date shall constitute a zoning violation. If a performance bond has been used, the city shall use the bond to complete the required landscaping. If the amount of the bond or cash deposit is less than the cost incurred by the city, the applicant/property owner shall be liable to the city for the difference. If the amount of the bond or assignment of funds exceeds the cost incurred by the city, the remainder shall be released. (2) Maintenance. The purpose of this section is to establish minimum maintenance standards for landscaping. (a) Plant maintenance. Maintenance of planted areas shall include continuous operations of removal of weeds before flowering; mowing; trimming; edging; cultivation; reseeding; plant replacement; appropriate fertilization; spraying; control of pests, insects, and rodents by nontoxic methods whenever possible; watering; or other operations necessary to assure normal plant growth. In particular, maintenance shall promote landscape performance criteria of this title. Plant materials that have died shall be replaced at the beginning of the next appropriate planting season and planting areas shall be kept reasonably free of noxious weeds and trash. (b) Irrigation maintenance. All portions of any irrigation system shall be continuously maintained in a condition such that the intent of an irrigation design is fulfilled. Uncontrolled emission of water from any pipe, valve, head, emitter, or other irrigation device shall be considered evidence of nonmaintenance. (c) Other maintenance. Maintenance of all landscaped areas shall also include operations as needed of painting, repairing, reconstruction, and rehabilitation of landscape structures such as walls, fences, overheads, trellises, and the removal of trash. (d) Failure to comply with landscape maintenance standards shall constitute a zoning violation under FW RC 19.05.340. (Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 93-170, § 4, 4-20-93. Code 2001 § 22-1569 19.125.100 Modification options. (1) Purpose. The purpose of this section is to provide an opportunity for development of exceptional or unique landscape designs that do not meet the express terms of FWRC 19.125.040 through 19.125.070, and/or flexibility of landscape designs. The director of community development services shall have the authority, consistent with the criteria stated herein, to modify specific requirements or impose additional requirements in unique or special circumstances to assure the fulfillment of the stated purpose of this title and to allow for flexibility and creative design. Special circumstances or unique conditions shall be reviewed with the director of community development services concurrent to submittal the review of a landscape plan. Examples of special conditions might include: (a) Preservation of unique wildlife habitat; (b) Preservation of natural or native areas; (c) Compliance with special easements; (d) Renovation of existing landscaping; (e) Unique site uses. The alternative landscape modifications described in subsections (3) through (6) of this section shall be allowed only if the proposed modification meets the threshold criteria of subsection (2) of this section, in addition to the Page 26 special criteria of subsections (3) through (6) of this section. In the case of public parks, schools, and public recreational facilities, these uses must meet subsections (1)(a) through (d) of this section only. (2) Modifications to the landscape standards may be granted by the director of community development if: (a) The proposed modification represents a superior result than that which could be achieved by strictly following the requirements of this title; and (b) The proposed modification complies with the stated purpose of this title and any applicable subsections of this title; and (c) If the proposed modification will not violate any city of Federal Way Revised Codes or ordinances. In particular, a modification shall not be a substitute for any zoning variance; and (d) Where applicable, the proposed modification would result in an increased retention of significant trees and/or naturally occurring vegetation on the site; and (e) The proposed modification also satisfies the criteria listed in subsection (2), (3), (4), (5), or (6) of this section. (3) The width of the perimeter landscaping may be reduced up to 25 percent when the proposed landscaped area incorporates a combination of plant materials, berms a minimum of three feet in height, and architectural elements of appropriate height and scale sufficient to act as an efficient substitute for the three-foot berm. (4) The landscaping requirement may be modified when necessary, because of special circumstances relating to the size, shape, topography, vegetation, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which it is located, or if strict application would result in scenic view obstruction. (5) Perimeter landscape strips may be averaged, provided the minimum width shall not be less than 50 percent of the underlying width requirement. (6) If the property abutting the subject property is in the same or a more intensive land use zoning district than the subject property, the landscaping required along that common interior property line may be reduced by 25 percent in area. In addition, the remaining 75 percent of the required landscaping may be relocated upon approval of the community development director, consistent with the standards of this title. (7) Biofiltration swales and other surface water/water quality structures may be incorporated into required landscape areas provided the landscaping standards of this title are met and the integrity of the surface water function is not compromised. The community development director shall approve any modification of this nature. (8) Modification submittal requirements. A request for modification shall: (a) Be submitted in the same form and according to the same terms as the required landscape documents of this section and subject to the same enforcement requirements; and (b) Be clearly labeled as "Landscape Modification Plan"; and (c) Clearly delineate and identify the deviations requested from the provisions of this or any other section; and (d) Be approved by the community development director. (9) Pedestrian facilities, transit stops, and handicapped access may be allowed in required landscape areas without requiring additional buffer area; provided, that the intent of this article is met and that the function and safety of the pedestrian facility, transit stop or handicapped facility is not compromised. Page 27 (Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 01-390, § 3, 6-5-01; Ord. No. 93-170, § 4, 4-20-93. Code 2001 § 22- 1570.) Article H. Fences and Screening 19.125.120 Barbed wire. 1 _..__.1.1.1 .......... ................................................................................................................ Barbed wire is permitted only atop a fence or a wall at least six feet in height or between two agricultural uses. (Ord. No. 90-43, § 2(115.40(1)), 2-27-90. Code 2001 § 22-1026.) 19.125.130 Electrified fences. Electrified fences are not permitted in the city, except to contain large domestic animals. All electric fences and appliances, equipment and materials used in connection with an electrified fence must be listed or labeled by a qualified testing agency and shall be installed in accordance with manufacturer's specifications. All electric fences shall be posted with permanent signs, which are a minimum of 36 square inches in area, at intervals of 15 feet along the fence stating that the fence is electrified. The permitted location of electrified fences is as follows: (1) Electrified fences separating agricultural uses may be located anywhere on the subject property, including on the property line. (2) Other than as stated in subsection (1) of this section, an electrified fence must be located at least 18 inches inside of a wood fence if the electrified fence is within 20 feet of any property line. (Ord. No. 90-43, § 2(115.40(2)), 2-27-90. Code 2001 § 22-1027.) 19.125..140 Razor wire fences prohibited. .................................................................... -............................................. ..................................................... ............. Razor wire fences are prohibited in the city. (Ord. No. 90-43, § 2(115.40(3)), 2-27-90. Code 2001 § 22-1028.) t and screening 19.125 150 Solid waste receptacles — Placemen _ 1111_ _ _.._.......... _.............. _ . (1) Storage area. Storage areas for garbage, recycling, and compostables receptacles for managing solid waste materials generated on site shall be required to be incorporated into the designs for multifamily, commercial, and institutional buildings constructed after January 1, 1993. Common solid waste materials include generic recyclables (paper, metal, plastics, and other materials); garbage; noncompostable rubbish and trash; compostables and yard debris; properly stored medical or moderate risk wastes; bulky items such as mattresses and appliances; and recyclable semi-liquid wastes (such as used cooking oil). (2) Exemptions. The following structures are exempt from the requirements of this section: (a) Storage receptacles for parks or construction sites. (b) Structural alterations or increases in gross floor area to existing nonconforming structures which do not meet the threshold levels described in Chapter.FWRC. ....._..... (3) Storage area defined. Storage areas shall include the areas containing receptacles served by collection equipment and may also include interim on-site storage areas used to aggregate material prior to delivering it to the collection storage area. (4) Location. Solid waste and recycling receptacles, including underground facilities: (a) May not be located in required yards; (b) May not be located in landscape buffer areas required by or under this code; and Page 28 _ __ (c) Must be screened according to FWRC 19.125.010 et al. (5) Security and accessibility. The following provisions shall apply to all solid waste and recyclable storage areas which contain receptacles served by commercial collection equipment. (a) The storage area for recycling receptacles shall be located adjacent to the solid waste storage area. The enclosures shall be easily accessible to users occupying the site. Collection equipment must have an adequate vertical clearance and an adequate turning radius to ensure access and ease of ingress and egress to the storage area, whether located either inside or outside a structure. (b) Storage areas shall not interfere with the primary use of the site. The area shall be located so that collection of materials by trucks shall not interfere with pedestrian or vehicular movement to the minimum extent possible. The storage area shall not be located in areas incompatible with noise, odor, and frequent pedestrian and vehicle traffic. (6) Design guidelines — General. The following provisions shall apply to all storage area designs: (a) Design and architectural compatibility. Solid waste and recycling storage area design shall be consistent with the architectural design of the primary structure(s) on the site. Storage areas shall be built on a flat and level area at the same grade as the truck access area. (b) Enclosure and landscaping. All outdoor trash enclosures for solid waste and recycling receptacles shall be screened according to FWRC 19.125.040(4) and (5). In all cases, gates shall be of sufficient width to allow direct, in-line access by solid waste and recycling collectors and equipment. In uses where two or more separate detachable containers (commonly referred to as dumpsters) are situated side-by- side within an enclosure, there must be a minimum of 18 feet of unobstructed access when gates are fully opened (hardware, hinges, and walls will add to total enclosure width, based on design and materials used). Gate openings must be at least 12 feet wide when an enclosure houses a single drop box or compactor unit. Enclosure gates shall not include center posts that would obstruct service access. All landscaping shall be designed not to impede access to the enclosure. (c) Signage. Exterior signage on enclosures shall conform with Chapter 19.140 FWRC and shall not exceed four square feet per sign face. The containers for recycling, garbage, and other source - separated solid waste materials shall be identified using clearly visible signs. (d) Weather protection. All solid waste storage areas (enclosures) require a spill prevention plan for management of liquids generated on or discharged from the storage area. The storage area spill prevention plan must detail how all liquids either precipitated, sprayed, washed, spilled, leaked, dripped, or blown onto the storage area will be collected and managed in compliance with city surface water protection standards. The storage area spill prevention plan shall be provided to the city's surface water management program, to be kept on file in order to inform periodic site monitoring. (i) All storage areas without a roof require a functioning oil water separator to be installed and maintained. The oil water separator must be sized and designed to accommodate all liquids exiting the storage area, as well as all surrounding impervious surface that drains to the oil water separator's location. The storage area pad shall be sloped at the minimum grade required to channel all such liquids to the oil water separator. (ii) Storage areas larger than 175 square feet in size must have a roof covering the storage area. This roof shall provide adequate overhang surface to prevent the direct entry of precipitation to the enclosure area. Storage areas with a roof require adequate floor drainage connected and conveyed to sanitary sewer. Precipitation runoff from the roof shall not be discharged to the sanitary sewer. Roofed or covered storage areas must provide adequate clearances to allow access by haulers and collection equipment. (7) Space and access requirements. The following minimum space and access requirements for solid waste and recycling storage areas shall be incorporated into the design of all buildings: Page 29 (a) Except as provided in subsection (7)(a)(i) of this section, for all uses, storage space for solid waste and recyclable materials containers shall be provided as shown in Table A for all new structures and for existing structures to which two or more dwelling units are added. (i) Residential uses proposed to be located on separate lots, for which each dwelling unit will be billed individually for utilities, shall provide one storage area per dwelling unit that has minimum dimensions of two feet by six feet. (ii) In addition to the requirement in subsection (7)(g) of this section, plans for stacked multifamily dwelling units shall require designated interior solid waste accumulation or storage areas on each level, including details on how solid waste is conveyed to shared storage space(s). (iii) Residential development for which a homeowner's association, or other single entity, exists or will exist, as a sole source for utility billing, may meet the requirement in subsection (7)(a)(i) of this section, or the requirement in Table A. Residential and nonresidential development shall meet the respective requirements in Table A. Table A: Shared Storage Space for Solid Waste Containers Residential Development Minimum Area for Shared Storage Space 2 — 8 dwelling units 84 square feet 9 — 15 dwelling units 150 square feet 16 — 25 dwelling units 225 square feet 26 — 50 dwelling units 375 square feet 51 — 100 dwelling units 375 square feet plus 4 square feet for each additional unit above 50 More than 100 dwelling units 575 square feet plus 4 square feet for each additional unit above 100, except as permitted in subsection (7)(c) of this section Nonresidential Development (Based on gross floor area of all structures on the lot) Minimum Area for Shared Storage Space 0 — 5,000 square feet 82 square feet 5,001 —15,000 square feet 125 square feet 15,001 — 50,000 square feet 175 square feet 50,001 — 100,000 square feet 225 square feet 100,001 — 200,000 square feet 275 square feet 200,001 plus square feet 500 square feet Mixed-use development that contains both residential and nonresidential uses shall meet the requirements of subsection (7)(b) of this section. (b) Mixed-use development that contains both residential and nonresidential uses shall meet the storage space requirements shown in Table A for residential development, plus 50 percent of the requirement for nonresidential development. In mixed use developments, storage space for solid waste may be shared between residential and nonresidential uses, and designated storage space for recycling services shall also be provided. Page 30 (c) The storage space required by Table A shall meet the following requirements: (i) The storage space must have adequate dimensions to enclose solid waste containers and also allow users to access these containers. For multifamily developments with eight or fewer dwelling units, and for nonresidential development with gross floor area of 5,000 square feet or less, the storage space must have a minimum dimension from the front gates to the back wall of at least seven feet. For all other uses, the storage space must have a minimum dimension from the front gates to the back wall of at least 10 feet. Storage space for trash compactor units and for larger developments will generally exceed this 10 -foot dimension from front gates to back wall. (ii) The floor of the storage space shall be level and hard -surfaced, and the floor beneath garbage or recycling compactors shall be made of high-strength concrete. (d) The location of all storage spaces shall meet the following requirements: (i) The storage space shall be located on the lot of the structure(s) it serves (ii) The storage space shall not be located in any required driveways, parking aisles, or parking spaces; (iii) The storage space shall not block or impede any fire exits, any public rights-of-way, or any pedestrian or vehicular access; (iv) The storage space shall be located to minimize noise, odor, and visual impacts to building occupants and neighboring lots; (v) The storage space shall not be used for purposes other than solid waste materials storage and access; and (vi) The storage space(s) shall be no more than 150 feet from the common entrance(s) to residences and/or service entrances to nonresidential buildings located on the site. (e) Access for service providers to the storage space from the collection location shall meet the following requirements: (i) For containers two cubic yards or smaller: (1) Containers to be manually pulled for service and emptying shall be placed no more than 50 feet from a curb cut or collection location; (2) Access ramps to the storage space shall not exceed a grade of six percent; and (3) Site -access routes and entries for use by collection trucks shall be a minimum of 11.5 feet wide. (ii) For containers larger than two cubic yards and all compacted refuse containers: (1) Direct access shall be provided from the alley or street to the containers; (2) Site access routes and entries for trucks shall be a minimum of 11.5 feet wide; and (3) If accessed directly by a collection vehicle, whether inside or outside a structure, a 21 -foot overhead clearance shall be provided. (f) Access for occupants to the storage space shall meet the following requirements: (i) Direct access shall be provided from the alley or street to the containers; Page 31 (ii) A pick-up location within 50 feet of a curb cut or collection location shall be designated that minimizes any blockage of pedestrian movement along a sidewalk, pedestrian path, or other right- of-way; (iii) If a planting strip is designated as a pick-up location, any required landscaping shall be designed to accommodate the solid waste and recyclable containers temporarily placed within this area; and (iv) All storage space openings and access points for pedestrians shall be a minimum of five feet wide. (g) The solid waste and recyclable materials storage space, access, and pick-up/service specifications required in this section, including the number and sizes of containers, shall be included on the plans submitted with the land use or building permit application for any development subject to the requirements of this section. (h) Multifamily and nonresidential mandatory recycling requirements. Multifamily, nonresidential, and mixed-use development occupants shall participate in separation for recycling of the following materials that will include, at a minimum: newspapers; mixed papers; recyclable bottles, cans, and plastic containers; and compostable materials where collection services are available. All recyclable materials shall be placed in properly labeled containers or carts as distributed by the city's solid waste collection contractor. All compostables separated for collection shall be placed in properly labeled containers or carts. All multifamily property owners shall provide residents with a minimum total weekly volume of recycling container capacity equal to or greater than the total weekly volume of garbage capacity. To the greatest extent possible, receptacles for garbage, recycling, and compostable materials shall be co -located in one storage space. (i) The public works director or designee may modify the requirements of this subsection at his or her discretion, or upon the request of the property owner, if, in the opinion of the director, the exception is necessary. The modification must be granted in writing and may be revoked by the director at any time if the necessity for the modification ceases to exist as determined by the director, or designee, which determination shall not be made unreasonably. Any such revocation will be effective on a date selected by the director, but no less than three business days from the date of notice. (8) Compliance with other applicable codes. All enclosures installed or altered under this chapter must comply with all applicable federal, state, and local regulations, including without limitation the provisions of the International Building Code and the National Electric Code as adopted in FWRC Title 13. If any provision of this chapter is found to be in conflict with any provision of any zoning, building, fire, safety, or health ordinance, or code of the city, the provision that establishes the higher standard shall prevail. (Ord. No. 17-834, § 10, 5-16-17; Ord. No. 93-170, § 5, 4-20-93; Ord. No. 92-158, § 3, 12-15-92; Ord. No. 90-43, § 2(115.45), 2-27-90. Code 2001 § 22-949.) Cross reference: Solid waste, FWRC Title 11, Division II. Article III. Yard Requirements 19.125.152 Scope of article. This article establishes what structures, improvements and activities may be in or take place in required yards as established for each use in each zone by this title. (Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-1131.) 19.125.156 Exceptions and limitations in some zones. Page 32 This title contains specific regulations regarding what may be in or take place in required yards in certain instances. Where applicable, those specific regulations replace any inconsistent provisions of this article. (Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-1132.) 19.125.160 Structures and improvements. No improvement or structure may be in a required yard except as follows: (1) A driveway and/or parking area subject to the standards of FWRC 19.130.240. (2) Any improvement or structure, other than a driveway and/or parking area, that is not more than four inches above finished grade may be anywhere in a required setback yard. (3) An improvement or structure that is not more than 18 inches above finished grade may extend not more than five feet into a required yard. (4) Chimneys, bay windows, greenhouse windows, eaves, awnings and similar elements of a structure that customarily extend beyond the exterior walls of a structure may extend up to 18 inches into any required yard. The total horizontal dimension of the elements that extend into a required yard, excluding eaves, may not exceed 25 percent of the length of the facade of the structure from which the elements extend. (5) Fences and railings not over six feet in height may be located in required yards subject to the fence regulations contained within this chapter. (6) Rockeries and retaining walls may be located in required yards if: (a) The rockery or retaining wall is not being used as a direct structural support for a major improvement; (b) The rockery or retaining wall is reasonably necessary to provide support to a cut, fill, or slope; and (c) The rockery or retaining wall also meets the requirements of FWRC 19.120.120 et seq. (7) Signs may be located in required yards subject to provisions of Chapter 19.140 FWRC. (8) Covered walkways, no more than eight feet wide and 10 feet above finished grade and open along the sides, are permitted in required yards in commercial, office and industrial zones. (9) In low and medium density residential zones, the applicant may, through process III, request approval to locate a storage shed in a required yard, except a required front yard. The city may approve the application if: (a) The proposed structure is no more than eight feet high above finished grade (b) The maximum length of the facade of the proposed structure parallel to each property line, from which the required yard is not provided, shall not exceed 10 feet; (c) The proposed structure contains no more than 120 square feet in total area; (d) No reasonable alternative location exists on the subject property due to special circumstances regarding the size, shape, topography or location of the subject property or the location for legally constructed pre-existing improvements of the subject property; and (e) Permitting the intrusion onto the required yard will not create a material, negative impact on the character of nearby residential uses. Page 33 (10) Construction -related outdoor storage containers may be temporarily placed in the required front yard of a single-family residential lot if approved under FWRC 19.275.110, and portable moving containers may be temporarily placed in the required front yard of any lot if approved under FWRC 19.275.120. (Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 07-573, § 44,12-4-07; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 00-375, § 24, 2000; Ord. No. 90-43, § 2(115.115(3)), 2-27-90. Code 2001 § 22-1133.) Cross references: Streets and sidewalks, FWRC Title 4, Division ll; buildings and building regulations, FWRC Title 13; subdivision improvements, Chapter 18.60 FWRC; off-street requirements, Chapter 19.130 FWRC; development improvements, Chapter 19.135 FWRC. Article IV. Outdoor Activities and Storage 19.125.165 Application of article. . This article establishes regulations applicable to outdoor uses, storage and activity. (Ord. No. 08-585, § 3(Exh. A), 11-4-08. Code 2001 § 22-1111.) 19.125.170 Commercial and industrial uses. .. ................. ....._..................................... ..................... ....... ......._.............._._.._............................. ........_...................................................__....._..................................................._._...... (1) Generally. Subject to process I and the following requirements, the commercial and industrial uses that are permitted on a site under this title may be conducted out-of-doors unless otherwise regulated or prohibited by this title. (2) Site plan. The applicant shall submit, for approval to the department of community development, a site plan drawn to scale showing and describing the following items: (a) Locations and dimensions of all buildings, structures and fences on the subject property. (b) Locations and dimensions of all parking and driving areas on the subject property. (c) Locations and dimensions of all existing and proposed outdoor use, activity, or storage areas and related buildings or structures on the subject property. (d) Locations and description of all existing and proposed landscaping on the subject property. (e) The nature of the outdoor use, activity, storage area or related building or structure, including a detailed description of all items proposed to be stored outdoors. (f) The intended duration of the outdoor use, activity or storage. (3) Specific use and development requirements. The city will administratively review and either approve or deny any application for outdoor use, activity, or storage based on the following standards: (a) All outdoor use, activity and storage areas must comply with required buffers for the primary use. (b) A minimum six -foot -high solid screening fence, wall, or other appropriate architectural screening, surrounded by five feet of Type I landscaping as defined by FWRC 19.125.050(1), or combination of architectural and landscape features, approved by the director of community development services is required around the outside edges of the area devoted to the outdoor use, activity or storage area, unless determined by the director that such screening is not necessary because the use or stored materials are not visually obtrusive. Proposed architectural and landscape screening methods shall be consistent with Chapter 19.115 FWRC, Community Design Guidelines, and Article I of this chapter (Landscaping). Page 34 (c) Outdoor use, activity or storage areas located adjoining residential zones or permitted residential uses may not be located in the required yards adjoining the residential use or zone. (d) The height of uncontained items stored outdoors shall not exceed six feet above finished grade, unless the director approves a different height limitation after considering the zoning of the site and the surrounding properties and the extent to which the location or methods of screening the items minimizes visibility from adjacent streets and properties, and the items are not visually obtrusive and do not detract from the aesthetic quality of the overall development. (e) The outdoor use, activity or storage area may not inhibit safe vehicular and pedestrian movement to, from and on the subject property. (4) Exceptions to outdoor use, activity or storage. The following outdoor uses and activities, when located in commercial and industrial -commercial zones, are exempt from the requirement of subsections (2) and (3) of this section; provided, that the use, activity or storage shall not inhibit safe vehicular and pedestrian movement to, from and on the subject property: (a) Outdoor Christmas tree lots if these uses will not operate more than 30 days in any year. (b) Outdoor amusement rides, carnivals and circuses and parking lot sales which are accessory to the indoor sale of the same goods and services if these uses will not operate more than seven days in any six-month period. (c) Outdoor dining and refreshment areas, including espresso carts. (d) Outdoor display of vehicles for sale or lease; provided, that the display area complies with all other applicable requirements of this chapter. (e) Year-round outdoor sales and storage of lawn and garden stock, which are accessory to the indoor sale of the same goods and services; provided, that the use does not include outdoor play equipment, storage sheds, furniture or mechanical equipment. (f) Outdoor accessory sales area(s) adjacent to the entrance of the primary structure, if such area is fully covered by a pedestrian -height awning, canopy, roof overhang, or similar feature, that is permanently attached to the primary structure; and all of the following criteria are met: (i) the area maintains a five- foot -wide unobstructed pedestrian pathway to the building entrance, and in no way blocks any required ingress/egress; (ii) sale items are displayed only during normal business hours; (iii) no coin-operated vending machines or similar items are displayed; (iv) the area complies with subsections (3)(a), (c) and (e) of this section; and (v) the area complies with all fire, building, and zoning requirements. (5) Gross floor area. For the purpose of this title, an outdoor use, activity or storage area will be used in calculating the gross floor area of a use or development if this area will be used for outdoor use, activity or storage for at least two months out of every year, excluding the uses listed under subsection (4) of this section and the following uses: temporary trailers, buildings and structures listed in FWRC 19.275.448080; portable moving containers listed in FWRC 19.275.4-28090; and outdoor storage containers used to store emergency preparedness supplies or related materials if approved under FWRC 19.125.180. (6) Improvements. If the outdoor use, activity or storage is located on an unimproved area of the site, the underlying ground must be improved as required by the departments of public works and community development. (7) Modification. The applicant may request a modification of the requirements of subsection (3) of this section. This request will be reviewed and decided upon under process ll. The city may approve the modification if: Page 35 (a) The modification will not create a greater impact on any nearby residential use than would be created without the modification. (b) The modification will not detract from the character of any use. (c) The modification will not be injurious to public health, safety or welfare. (Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 96-270, § 3(C), 7-2-96; Ord. No. 90-43, § 2(115.105(3)), 2-27-90. Code 2001 § 22-1113.) Cross references: Drainage program, FWRC Title 16; site plan review, Chapter 19.60 FWRC; district regulations, FWRC Title 19, Division VI; yard requirements in the supplementary district regulations, FWRC Title 19, Division VII. 19.125.180 Regulation of outdoor storage containers for permanent accessory storage (1) Allowed uses and zones. If approved under this section, outdoor storage containers may be used as permanent accessory storage in conjunction with any allowed principal use in any nonresidential zone. In residential zones they may be used as permanent accessory storage only in conjunction with institutional or quasi -public uses, and not with any other permitted use(s). Outdoor storage container(s) may in no case be the principal structure or use of a property. Refer to FWRC 19.275.44-9080 and 19-275.4-9G090 for regulations related to the temporary use of outdoor storage containers and portable moving containers in residential and nonresidential zones. Page 36 Exhibit D: Referencing City Road Standards and County Road Standards Page 37 Sections: Chapter 19.135 DEVELOPMENT IMPROVEMENTS'' Article I. Generally 19.135.010 Special regulations in designated areas. 19.135.020 Official right-of-way map adopted. 19.135.030 When public improvements must be installed. 19.135.040 Required public and private improvements. 19.135.050 Additional improvements. 19.135.060 Traffic control devices and signing. 19.135.070 Modifications, deferments and waivers. 19.135.080 Bonds. Article II. Vehicular Access Easements Improvements 19.135.090 When required. 19.135.100 Exceptions. 19.135.110 Easement to be unobstructed. 19.135.120 Recording required. Article III. Right -of -Way Improvements 19.135.130 Construction standards and specifications. 19.135.140 Medians. 19.135.150 Bicycle facilities. 19.135.160 Landscaping. 19.135.170 Sidewalks. 19.135.180 Utilities. 19.135.190 Street lighting. 19.135.200 Other standards and necessary improvements. 19.135.205 Complete streets. 19.135.210 Principal arterial rights-of-way. Page 38 19.135.220 Minor arterial rights-of-way. 19.135.230 Principal collector rights-of-way. 19.135.240 Minor collector rights-of-way. 19.135.250 Local street rights-of-way. 19.135.251 Block perimeters. Article IV. Access Management 19.135.260 Scope. 19.135.270 Width of driveways. 19.135.280 Separation of intersections and driveways. 19.135.290 Modification procedures. Article V. Sight Distance at Intersections 19.135.300 Generally. 19.135.310 Permissible intrusion in the area to be kept clear of sight obstruction. Article I. Generally 19.135.010 Special regulations in designated areas. If the city council has approved a public improvements master plan or special design guidelines for a particular area that includes a right-of-way, the master plan or other guidelines will be filed with the city clerk and will govern the improvements to be provided by developments that abut that right-of-way. (Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 02-417, § 1, 3-19-02; Ord. No. 02-414, § 3, 2-19-02; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.10), 2-27-90. Code 2001 § 22-1471.) 19.135 020 Official right -of way map adopted. 1111.... .._ . _ _........._ _.. The public works director shall produce and keep current an official right-of-way classification map that classifies each of the improved and proposed rights-of-way, other than alleys, based on the classification standards contained within FWRC 19.135.210and 19.135.220 and the objectives of the comprehensive plan. This right-of-way classification map, as adopted and amended from time to time, shall have the full force as if its provisions were fully set forth within this title. (Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 02-417, § 1, 3-19-02; Ord. No. 02- 414, § 3, 2-19-02; Ord. No. 98-330, § 3,12-15-98; Ord. No. 90-43, § 2(110.15), 2-27-90. Code 2001 § 22-1472.) Cross reference: Rights-of-way, Chapter 4.25 FWRC. 19.135 030 When public improvements must be installed. .1._1.1'..1. .1111.. ....... ....... ................_. 1111.._ 1111 (1) The applicant shall provide the improvements required by this chapter if the applicant engages in any activity which requires a development permit, except for the following: (a) The applicant need not comply with the provisions of this chapter if the proposed improvements in any 12 -month period do not exceed 25 percent of the assessed or appraised value (based on an Page 39 appraisal conducted by a state -certified real estate appraiser provided by the applicant) of all structures and land combined on the subject property, whichever is greater, except that if the subject property is equal to or greater than 100,000 square feet in size, the land value shall not be included in the assessed or appraised value used to determine the 25 percent. If the 25 percent threshold is exceeded, public improvements will be required under FWRC 19.135.040 to the extent they are commensurate with the impacts of the development, as determined by the director. (b) The applicant need not comply with the provisions of this chapter if, within the immediately preceding four years, public improvements were installed as part of any subdivision or discretionary land use approval under this or any prior zoning code. (c) The applicant need not comply with the provisions of this chapter if the proposal is to locate a personal wireless services facility (PWSF) on the subject property. (d) The applicant need not comply with the provisions of this chapter if the proposal is for facade improvements only. In addition, the cost of improvements required by Chapter 19.115 FWRC, Community Design Guidelines, shall not be included in the total cost of improvements measured over a 12 -month period pursuant to subsection (1)(a) of this section. (e) Tenant improvements, unless the proposed improvements add additional floor area. (f) If the required improvement is part of a larger project that has been scheduled for construction in the city's adopted six-year transportation improvement program, the public works director may permit the applicant to fulfill the applicant's obligation under this section by paying to the city the pro rata share of the costs of the required improvements attributable to the development of the subject property, as determined by the public works director. For purposes of determining the applicant's pro rata share, funds received by the city from any federal, state, or local grant for the project shall be excluded from the total cost of the planned six-year transportation improvement. (2) Right-of-way adjacent to and within land divisions must be dedicated and improved consistent with the requirements of this chapter, unless different requirements are imposed by the city as part of the land division approval process. (3) Ingress/egress and utilities easements or alleys may be permitted subject to the conditions established in the city of Federal Way public works development standards. (Ord. No. 10-652, § 15, 4-6-10; Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 02 417, § 1, 3-19-02; Ord. No. 02-414, § 3, 2-19-02; Ord. No. 00-363, § 15,1-4-00; Ord. No. 98-330, § 3,12-15-98; Ord No. 90-43, § 2(110.20), 2-27-90. Code 2001 § 22-1473.) Cross reference: Rights-of-way, Chapter 4.25 FWRC. 19.135.040 Required public and private improvements .................................................... (1) Generally. The development standards portion of FWRC 19.135.200 through 19.135.250 establish the improvements that must be installed, based on the classification of the various rights-of-way within the city. The applicant shall, consistent with the provisions of this chapter, install all improvements established in FWRC 19.135.200 through 19.135.250 along the frontage of each right-of-way that abuts and traverses the subject property, commensurate with the impacts of the development. At a minimum, improvements shall be required on the abutting side of the right-of-way and a 10 -foot lane on the side of the right-of-way opposite the frontage. (2) The public works director shall have the authority to adopt and modify standards for ingress/egress and utilities easements or alleys which may be determined subject to the conditions and standards established in the city of Federal Way public works development standards. Page 40 (3) Additional dimensions and improvements. The applicant may increase the dimensions of any required improvement or install additional improvements within the right-of-way with the written consent of the public works director. (4) Authority to require dedication. If a right-of-way abutting the subject property has inadequate width based on the requirements in FWRC 19.135.200 through 19.135.250, the applicant shall dedicate a portion of the subject property parallel to the right-of-way and equal in width to the difference between the present right-of-way width and the width required by FWRC 19.135.200 through 19.135.250 for that right-of-way. The public works director may waive additional dedication or may permit dedication of a lesser amount of the subject property for additional right-of-way width if: (a) It is likely to anticipate that, within the near future, the private property across the right-of-way will be required to dedicate property for public right-of-way; or (b) The reduction in the required right-of-way width will nonetheless provide adequate room for all improvements, infrastructure and functions within the right-of-way. For the purpose of determining the rough proportionality of right-of-way dedication to the development's impacts, the city may require up to 300 square feet of right-of-way dedication per average daily trip generated by the development. All dedications under this subsection shall be by conveyance through a statutory warranty deed. (5) Partial right-of-way improvements. Where a right-of-way abutting the subject property does not, even after dedications required under subsection (4) of this section, contain adequate width to install all of the improvements required within that right-of-way under this chapter, the applicant shall install improvements within the right-of-way which will provide a safe and efficient right-of-way and which will facilitate completion of all right-of-way improvements required in this chapter at a later date. The specific extent and nature of improvements, where full right-of-way width is not available, will be determined by the public works director on a case-by-case basis. (6) Easements. The public works director may require the applicant to grant such easements over, under and across the subject property as are reasonably necessary or appropriate under the circumstances, including but not limited to easements for the following: (a) Pedestrian access and sidewalks. (b) Street lighting. (c) Traffic control devices. (Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 02-417, § 1, 3-19-02; Ord. No. 02-414, § 3, 2-19-02; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.25), 2-27-90. Code 2001 § 22-1474.) 19.135.050 Additional improvements. The city may require the applicant to pave or install additional improvements within rights-of-way, either abutting or not abutting the subject property. This may include traffic signals, channelizations, turn lanes, and other improvements necessary or appropriate to improve traffic circulation and safety, the need for which is directly attributable to development of the subject property. Where appropriate, the public works director may permit the applicant to fulfill the applicant's obligation under this section by paying to the city the pro rata share of the costs of the required improvements attributable to development of the subject property, as determined by the public works director. The city may also require the applicant to provide traffic studies and other data describing the traffic impacts of the proposed development, the need for improvements under this section, and the reasonable pro rata share of the costs of these improvements to be borne by the applicant. (Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 02-417, § 1, 3-19-02; Ord. No. 02-414, § 3, 2-19-02; Ord. No. 98-330, § 3,12-15-98; Ord. No. 90-43, § 2(110.30), 2-27-90. Code 2001 § 22-1475.) Page 41 19.135.060 Traffic control devices and signing. .......... .................................... ...................................................._................................_.................................. ........................................ ........................... .................... ........................................ All traffic control devices and pavement markings shall conform to the Manual on Uniform Traffic Control Devices (M.U.T.C.D.) as adopted, from time to time, by the State Department of Transportation. (Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 02-417, § 1, 3-19-02; Ord. No. 02-414, § 3, 2-19-02; Ord. No. 98-330, § 3,12-15-98; Ord. No. 90-43, § 2(110.55), 2-27-90. Code 2001 § 22-1476.) 19.135.070 Modifications, deferments and waivers. .............. ............._........._.................._......._..._.......................................................................... ............................. ............................ ................. The public works director may modify, defer or waive the requirements of this chapter only after consideration of a written request for the following reasons: (1) The improvement as required would not be harmonious with existing street improvements, would not function properly or safely or would not be advantageous to the neighborhood or city as a whole. (2) Unusual topographic or physical conditions preclude the construction of the improvements as required. (3) Proper vertical or horizontal alignments cannot be determined because the existing streets do not have correct alignments. (4) The required improvement is part of a larger project that has been scheduled for construction in the city's adopted six-year transportation improvement program. (Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 02-417, § 1, 3-19-02; Ord. No. 02-414, § 3, 2-19-02; Ord. No. 98-330, § 3,12-15-98; Ord. No. 90-43, § 2(110.60), 2-27-90. Code 2001 § 22-1477.) 19.135.080 Bonds. -.11.1 .........................................-...................................................................................................................................................................................................-.................................................................I.......... The city may require or permit a bond under Chapter 19.25 FWRC to insure compliance with any of the requirements of this chapter. (Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 02-417, § 1, 3-19-02; Ord. No. 02-414, § 3, 2-19-02; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.65), 2-27-90. Code 2001 § 22-1478.) Article II. Vehicular Access Easements Improvements 19.135.090 When required. ................................................................................................................................._...................._.............__........._................................._......-......-................-.............................. If access to the subject property is over a vehicular access easement or tract, the applicant shall, except as specified in FW RC 19.135.100, install improvements within the vehicular access easement or tract consistent with the requirements for rights-of-way, as established in this chapter, from the point the subject property obtains access to the vehicular access easement or tract to the nearest intersecting right-of-way. The public works director shall determine which of the provisions of FW RC 19.135.200 through 19.135.250 apply to the vehicular access easement or tract based on the classification criteria of those charts. (Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.35(1)), 2-27-90. Code 2001 § 22-1496.) 19.135.100 Exceptions...................................................................................................................................... The following provisions of this article shall apply: (1) A vehicular access easement or tract (ingress/egress and utilities easement) may be permitted subject to the conditions established in the city of Federal Way public works development standards. (2) If the vehicular access easement or tract does not have adequate width for the installation of the improvements required by this chapter, the public works director shall determine the nature and extent of the improvements to be installed in the vehicular access easement or tract on a case-by-case basis. At a minimum the vehicular access easement or tract must have a GGRGFete n asphalt s ,-f. at least 20 feet width meet Page 42 current Development Standards adopted by the Citv of Federal Way and administered by the Department of Public Works. Pervious paving techniques may be used on private roads where feasible, as authorized by the public works director and in accordance with FWRC Title 16, Surface Water Management. (3) Streetlights are required at the intersection of a vehicular access easement or tract and a right-of-way, but not at any other location within the vehicular access easement or tract, unless specifically required by the public works director. (4) Notwithstanding any other provision in this chapter, vehicular access easements and tracts must comply with applicable standards of the serving fire district. (Ord. No. 09-630, § 37, 10-20-09; Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.35(2)), 2-27-90. Code 2001 § 22-1497.) 19.135.110 Easement to be unobstructed. The entire width of a vehicular access easement or tract must remain unobstructed at all times up to a height of 16 feet above the surface of the vehicular access easement or tract. No parking or structures are permitted in this area. (Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.35(3)), 2-27-90. Code 2001 § 22-1498.) 19.135.120 Recording required. If access to the subject property is by a vehicular access easement or tract, the right of each served property and the responsibility of the served properties to construct, maintain and reconstruct the improvements within the vehicular access easement or tract must be established by written document approved by the city attorney. This document must be recorded in the county to run with all affected properties. (Ord. No. 07-554, § 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, § 3, 12-15-98; Ord. No. 90-43, § 2(110.35(5)), 2-27-90. Code 2001 § 22-1500.) Article III. Right -of -Way Improvements3 19.135.130 Construction standards and specifications (1) Generally. The public works director shall prepare and make available for distribution administrative standards and specifications for right-of-way construction and construction of ingress/egress and utilities easements and alleys based on current and generally accepted engineering practices. The standards shall include specifications and/or drawings for rights-of-way cross-sections, safety railings and guardrails, appurtenances within the street, surfacing requirements, illumination, trench backfill and restoration, drainage, utilities, construction materials, survey monuments and other related construction elements. (2) Current standards. The construction standards specified in the current edition of the City of Federal Way Development Standards administered by the Department of Public Works will apply.. Where there are conflicts between the Kina County Road Standards and the City road standards, -the FWRC Development Road Standards shall apply Vie. Where no city standards existing to address a road situation the King County road standards shall aoply. Page 43 Exhibit E: Allowing Small Breweries and Wineries as Home Occupations and Urban Agriculture Page 44 19.05.130 M definitions. ._-1.1-1.1 11 .......... ­ ............... .......... ­­ _­... I ............. -.1 - . I., I.-.1.. `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. "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. "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. `Micro-brewery,or micro -winery" means a small-scale brewery limited to production of less than 400 barrels per year, or small-scale winery limited to production of less than 3000 cases per year, either of which is designed toproduce and/or sell and/or bottle the product along with any tasting room(s) less than 1000 square feet primarily designed for the purpose of offering sample of the product Page 45 Chapter 19.195 SUBURBAN ESTATE (SE} Sections: 19.195.010 Detached dwelling unit. 19.195.020 Public or private stables. 19.195.030 Raising agricultural crops. 19.195.040 Keeping, raising animals, etc. 19.195.050 Other agricultural, livestock uses. 19.195.060 Churches, etc. 19.195.070 Golf course. 19.195.080 Micro -breweries, distilleries and wineries 19.195.090 Day care facilities, commercial — Up to 50 attendees. 19.195.100 Schools. 19.195.110 Noncommercial sports fields, etc. 19.195.120 Community recreation areas. 19.195.130 Public transit shelter. 19.195.140 Public utility. 19.195.150 Government facility. 19.195.160 Public parks. 19.195.170 Cemeteries. 19.195.180 Accessory dwelling units. 19.195.190 Personal wireless service facility. Page 46 r a) cz cu -0 N — r LO— M0 +� p a) cis N (C E : U O to N> -O cU «- pO 0 N U O r- O "p a) co O N L O p N Q a= _cn N O a) d p O U m U S N a) 3 p N "O0 a) cif N i O a x a) O „_' N C V •O p O p O N O O O O CDN Z O N O O y «_' a) c0 p> N c p a) C C 'a) N N to N N cn U Q 3 p 0 c o p -O O— E p 0 E N C L O� a) a N cn Zn >c acts p Y aci U _�_ s���oo� a) U p p b$ -C cv O p N.0 •.• din co° p 2 '— c U — N E >i cn U .0 p a) cif LL > J E �' ..-, N _= 4) .� cU .N `— N .E p ca U U cC N N c (C can LO O N ui W a) N >O ;«..0 > cC -- = "O � 0 -t 0 N> cn O cn O O E N "p N O i y N 'O �, ._ -� «+ a) to N pj ECIj E N i O co N N N i a) E o s � i M� O� � O � " E� N _Q M N O O — w .— «. E N cn a) cif � cn — O -"E '— N N a) > O ca � a) "O_N c0 .� c0 � cn V co � N a) co O -C — O N t M co 00 O 'a) N o p ctf t O O in a fn E c co a)M cn CD U° o api ° c>s c � co r- O a)> w U o �� 0 cH r ciz �.+� L a) c ..� p a) O t cl L o O cn c. c N T N Z O N p -6L � (C .? a) N M C cif O O N a) p Id t p 6 co J r 3 a) N U C N O N .F "O _ U a) c0 c ` cn L U (O Z 0 � c N m N O 6 N U LU .� t6 E cz Uz m N O o �a.fn a) cu C U W NJ 0 o - tel N O O a) C), E O — > 2 E = N M C a) X N r Co i p J > 01 o v 0I oMl o a E -00 Ncu a o ai E •S CO ofU- U- Col a)I &j ZO OI -i N O z f= 4))3Un) w U '- a a) y co M 0 o°1C y O U 2 =1 z O o U) 2 a 0 a`) w o 0 I I cn �I U_ � _U A - O N a) C/)(D O N cn W O'er U .> m F- (L)0 Z = CU c ca'U E co O z o C C Z 0.0 O 0 co Z �F U=.c 0 U t`v 4 _ c0 a) C3 LL cn W N (D 0 N U N '— 'm oC J 3 O Q F C N W Z LL � O W ' E L (D y N � _ U) cz U o z o n O >>ca� inr-Oa o `U s LL J 'o c N m _ O U W 7 O 0 o �acn N C d W o 0 O UJ 0 E N 2 X O m r JI > � a) � O U o R c p � U '0oil N am N E 'm OI Ir W _cn LL z JIinI O = 0 U w.5 a)a) v cc yyo o ��a z 0 �I _ W :I�� Chapter 19.262 URBAN AGRICULTURE Sections: 19.262.010 Purpose. 19.262.020 Applicability. 19.262.030 Community gardens and urban farms. 19.262.040 Farmers markets. 19.262.050 Farm stands. 19.262.060 Cottage food operations. 19.262.070 Accessory structures. 19.262.080 On-site sale of urban agriculture products. 19.262.010 Purpose. The purpose of this chapter is to: (1) support urban agriculture uses, including community gardens, urban farms, farmers markets, farm stands, and cottage food operations; (2) provide opportunities for Federal Way residents to access locally produced healthy foods; (3) increase local food security; (4) reduce greenhouse gas production related to transport of fresh produce from distant locations; (5) provide additional economic opportunities for Federal Way citizens; and (6) ensure that urban agriculture uses are compatible with surrounding land uses. (Ord. No. 13-754, § 19, 12-3-13.) 19.262.020 Applicability. ............. This chapter establishes special regulations that govern urban agriculture. Urban agriculture uses include community gardens, urban farms, farmers markets, farm stands, and cottage food operations as defined in Chapter __ FWRC. Urban agriculture does not include landscaping or gardening that is incidental to any permitted use. In recognition of site-specific opportunities and constraints, the director shall have the authority to allow for departure from the specific or numeric provisions contained in these regulations, provided the end result is consistent with the purpose statement of this chapter. (Ord. No. 13-754, § 19, 12-3-13.) 19.262.030 Community gardens and urban .............. farms. ................................................... (1) Community garden and urban farm uses are permitted in any zone. (a) Applicants for community garden and urban farm uses shall submit a community garden/urban farm management plan for director approval that addresses the potential impacts on surrounding uses and natural systems and includes the following: (i) Off-street parking, if applicable; (ii) Garden/farm management rules that will govern garden/farm users and/or employees; (iii) Location, size, and type of any proposed accessory structures; (iv) Processing and/or sale of food produced on site; _. Page 49 (v) Storage and application of agricultural chemicals, including fertilizers and pesticides, and a hazardous material checklist if site is located within a designated wellhead protection zone; (vi) Location and plans for composting facilities; (vii) Mechanical equipment to be used on site; (viii) Stormwater management; and (ix) Soil testing if site is located within area designated as potentially contaminated at greater than 20 parts per million (ppm) by the Tacoma smelter plume. (b) Written notice shall be provided by mail for community garden and urban agriculture uses that are larger than 10,000 square feet in size and located within a residential zoning district, to persons receiving property tax statements for all properties within 300 feet of each boundary of the subject property. The notice shall contain the following information: (i) The name of applicant and, if applicable, the project name. (ii) The street address of the subject property, or if this not available, a description of the location of the property in nonlegal language, along with a vicinity map that identifies the subject property. (iii) A statement of the right of any person to submit written comments to the director regarding the application within 14 days of the date of the notice. (iv) A statement that only the applicant, persons who submit written comments to the director, or persons who specifically request a copy of the original decision may appeal the director's decision. (c) The director shall approve the proposed community garden/urban farm use upon finding that the proposal adequately addresses the following criteria: (i) The proposed use does not negatively impact sensitive areas on or adjacent to the subject site; (ii) The proposed use will not result in excessive noise or emissions that are not typically associated with operation of household mechanical equipment; (iii) Applicable provisions of Chapter 19.120 FWRC, Clearing, Grading, and Tree and Vegetation Retention, are addressed; (iv) On-site parking needs, if any, are addressed; and (v) On-site contaminated soils, if any, are addressed. (d) The director may condition or modify the community garden/urban agriculture proposal as necessary to ensure the above criteria are met. (Ord. No. 13-754, § 19, 12-3-13.) 19.262.040 Farmers markets. .............. - _....... (1) Farmers markets are permitted as a temporary use in all zones subject to the requirements of Chapter 19.275 FWRC, Temporary Uses. (2) Farmers markets are permitted as a permanent use in all nonresidential zones that allow retail use. (Ord. No. 13-754, § 19, 12-3-13.) Page 50 19.262.050 Farm stands. .................... _..........._..............................................._.. ................ .......................................... .............. ........................................................................................ ........................... ............ ............. I................. (1) Farm stand uses are permitted in any zone as an accessory use to any permitted urban agriculture use for the purpose of on-site sale of urban agricultural products subject to the following criteria: (a) Farm stands are limited to 200 square feet in area and shall be no more than 15 feet in height. (b) No more than one farm stand shall be permitted on a subject site. (c) Farm stands shall be designed to be temporary and portable structures and shall not be permanently affixed to the ground. (d) See FWRC 19.262.080 for requirements related to on-site sale of urban agriculture products. (Ord. No. 13-754, § 19, 12-3-13.) 19.262.060 Cottage food operations. .................................................................................................................................................................................. (1) Cottage food operation uses are permitted in any zone as an accessory use to a permitted use subject to the following criteria: (a) Cottage food operations shall adhere to the requirements of RCW 69.07.100 and 69.07.120. (b) Cottage food operations shall adhere to the requirements of Chapter 19.270 FWRC, Home Occupations. (Ord. No. 13-754, § 19, 12-3-13.) 19.262.070 Accessory. structures. .......... .....-......... ..................... ............. ..........._.......... .......... _................__.. Accessory structures supportive of the urban agriculture use are allowed on the subject property subject to the following regulations: (1) Structures that are considered accessory to urban agriculture uses include greenhouses and sheds, and similar structures as determined by the director. Structures like hoophouses and coldframes that are less than six feet tall and are portable, not affixed to a foundation, and have no floor are typically not considered structures under this section. (See FWRC 19.262.050 for requirements specific to "farm stands.") (2) Accessory structures in residential zoning districts must adhere to the following requirements: (a) The cumulative site area occupied by accessory structures supportive of urban agriculture shall not occupy more than 10 percent of the lot area, or 1,900 5000 square feet, whichever is less. (b) Accessory structures supportive of urban agriculture shall be equal to or less than 4-5-35 feet in height. (Ord. No. 13-754, § 19, 12-3-13.) 19.262.080 On-site sale of urban agriculture. products. ........... ...................................................................... _............................................... (1) On-site sale of urban agriculture products at community garden or urban farm sites is limited to plants and food grown on site, or food products made from food grown on site, such as jams and pickles except for micro - breweries or micro -wineries. (2) On-site sale of urban agriculture products in residential zoning districts taking place via farm stands must adhere to the following requirements: Page 51 (a) On-site sales are limited to the calendar period between May 1 st and October 31 st. (b) On-site sales are limited to the hours of 8:00 a.m. to 7:00 p.m. (c) Commercial pickups and deliveries are limited to one a day. (3) Micro -breweries and wineries may occur provided: (a) The fruit or grain used in production of the product is grown within the State of Washington• (b) On-site sales and tastings of the product are limited between the hours of 12 p.m and 7 p m (c) Commercial pick-up and deliveries are limited to one per day; and (d) The activity is accessory to the primary residential use. (e) The activity has obtained permits and licenses required by all local state and federal agencies for production and/or sale of alcoholic beverages. {3)4. A business registration may be required per the requirements of FWRC Title 12. In general, business registration for on-site sale of urban agriculture products shall apply as follows: (a) An applicant for an on-site sales use that meets the parameters of Chapter 19.275 FWRC may apply for a temporary business registration. (b) An applicant for an on-site sales use associated with a principal residential use may apply for a home occupation business registration. Page 52 Chapter 19.270 HOME OCCUPATIONS'' Sections: 19.270.010 Application. 19.270.020 Purpose. 19.270.030 Home occupation. 19.270.050 Accessory structure. 19.270.010 Application. _ ............................. ............................ ............................... .................... ........................ ............................. ............................... ..................................... ......... The regulations of this chapter apply to every residential use within the city. (Ord. No. 91-87, § 12(115.65(1)), 2-5-91; Ord. No. 90-43, § 2(115.65(1)), 2-27-90. Code 2001 § 22-1066.) 19.270.020...Purpose................................................................................... ....................................... ............................... -.............................. .................. ...................... .......................... .. The purpose of this chapter is to allow commercial occupations incidental to residential uses to be located in residences while providing protection to all residents from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial uses being conducted in residential areas. (Ord. No. 91-87, § 12(115.65(2)), 2-5-91; Ord. No. 90-43, § 2(115.65(2)), 2-27-90. Code 2001 § 22-1067.) 19.270.030 Home occupation. ........................................................................................................................................................................................................ (1) A home occupation is permitted if it meets all of the following requirements: (a) The dwelling unit in which the business is located must be the primary residence of the business owner. (b) The business must be carried on by a family member(s) who resides in the dwelling unit. (c) The use must have no outside storage, exterior indication, or outside activity. (d) The use must not involve those heavy equipment, power tools, or power sources which are not common to a residential use. (e) The use must not involve any pickups or deliveries by commercial vehicles over 26,000 pounds gross vehicle weight rating (GVWR) as defined in RCW 46.25.010. (f) The use must not include more than four persons per day coming to the subject property for goods or services. (g) The use must not create any noise, dust, glare, vibration, odor, smoke, or other impact adverse to a residential area. (2) A home occupation which does not meet the requirements of subsection (1) of this section may be approved using process III, if: (a) It will not harm the character of the surrounding neighborhood; (b) It will not include outdoor storage or operation of machinery, commercial vehicles, building materials, or tools which will be visible or audible from or have an effect on other properties; and Page 53 (c) It does not create a condition which injures or endangers the comfort, repose, health, or safety of persons. (Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 00-375, § 21, 2000; Ord. No. 91-87, § 12(115.65(3)), 2-5-91; Ord. No. 90-43, § 2(115.65(3)), 2-27-90. Code 2001 § 22-1068.) 19.270.050 Accessory structure. ...............................................................................................................................................................................................................................................I--............................................................................__. Structures, other than the dwelling unit, used to house or support the home occupation may not exceed 1,000 square feet in area except for micro -breweries or micro -wineries which may not exceed 5000 square feet in area. Page 54 Exhibit F: Clarification of Sideyard Requirements on Corner Lots Page 55 Chapter 19.200 SINGLE-FAMILY RESIDENTIAL (RS)i Sections: 19.200.010 Detached dwelling unit. 19.200.020 Zero lot line townhouse and townhouse (attached) dwelling units. 19.200.040 Manufactured home parks. 19.200.050 Churches, etc. 19.200.060 Golf course. 19.200.080 Day care facilities, commercial — Up to 50 attendees. 19.200.090 Schools. 19.200.100 Senior citizen or special needs housing. 19.200.110 Noncommercial sports fields, etc. 19.200.120 Recreation areas. 19.200.130 Public transit shelter. 19.200.140 Public utility. 19.200.150 Government facility. 19.200.160 Public parks. 19.200.170 Cemeteries. 19.200.180 Accessory dwelling units. 19.200.190 Personal wireless service facility. 19.200.200 Urban agriculture. Page 56 N_ U N N_ cz a) Z C to to 0 N W H O O O c6 O EF" O O a) p .O ZE O G C 'E 'F E o E E p 0 — to 0 U O Q E E �_ ._E E �_ � m .� .� oC E E c >_ 0 Q N Z a) a) w a) C co a) a) ❑ U O a) O O to U LL .N O Lt1 Q Z -O cn to _ vi - U 0 '> Q N U U O U a p O N a` ) .� (1)a)a` )) o to O 3 Q ca of Q ro N J Q N " NO C O U) O O O C-,5 f0 Y Q O to O. a) LL 0 N W N p p N N N N E N C cz U� a) - in O "JON MO0O(A O U)C) U) t��; LO c C,� i a) 0 NL c0' -'L "-' O N or OIE`�—+--L�.� O Q L-6 E �M�rU)0U)0�0 �� �� 0'a) 00 O O�-2•�r� 3U 3 E O C C O cn_ cn_ a).� O O C O— (tT O «- �.� 0 0 >, O QQ>, -aE W a E N_ E_ `° N Q N "rn�i` O N—OIZZ C C QC O 2 ID Q 0 L � U m 3 a) � as �12� to ca m��cn U) U `° U °? >g r v°>� N O cz N O t0/) in M O ff. �� cz N L6 "OO E O y CM to C d O) U) _i 7 y V � a) � O OZ a Q. 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