Ord 92-158�
ORDINANCE NO. 92-158
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
, OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE
NO. 90-43 BY AMENDING FEDERAL WAY ZONING CODE
SECTION 115.45, TO REQUIRE THAT SOLID WASTE
AND RECYCLING STORAGE SPACE REQUIREMENTS BE
INCLUDED IN BUILDING PLANS FOR ALL NEW MULTI-
FAMILY AND COMMERCIAL DEVELOPMENTS.
WHEREAS, amendments to the Federal Way Zoninq Code text
are authorized pursuant to Federal Way Zoning Code g135 and §160;
and
WHEREAS, Federal Way Zoning Code §135.15 and $160.75.2
contain criteria for amending Zoning Code text; and
WHEREAS, a threshold review of this proposal having been
considered by the Federal Way Land Use City Council Committee on
November 4, 1992, pursuant to Federal Way Zoning Code $160.20; and
WHEREAS, the Federal Way City Council Committee, having
determined the proposal to be meritorious, referred the proposal to
the Planning Commission for its review and recommendation; and
WHEREAS, the Planninq Commission having considered the
proposal at a public hearing on November 18, 1992, and all public
notice having duly been given, pursuant to Federal Way Zoning Code
§160.30 and §160.40; and
WHEREAS, following the public hearing, the Planning
Commission submitted its recommendations for proposed zoning text
amendment to the City Council; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
ORIGINAL
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Section 1. The Findings of the Federal Way Planning
Commission contained in its report dated November 23, 1992,
pertaining to these amendments, are adopted by reference in
totality by the Federal Way City Council.
Section 2. Pursuant to Federal Way Zoning Code �135.15
and �160.75.2 and based upon the above Findings, the Federal Way
City Council makes the following Conclusions of Law:
A. The proposed amendments are consistent with the
applicable provisions of the Comprehensive Plan:
A review of the Comprehensive Plan suggests that the
proposed amendments are consistent with the applicable provisions
of the Comprehensive Plan.
B. The proposed amendments bear a substantial
relationship to public health, safety and welfare:
The amendments do substantially benefit public
welfare. By increasing the amount of recyclable _.material
collected, landfill life will be prolonged. An increase in
landfill life minimizes long-term solid waste disposal costs and
provides for better ahort-term and lonq-term disposal capacity.
The process used to adopt the amendments ensures
that public healthy, safety and welfare are protected. The City of
Federal Way prepared a public hearing notice related to the
amendments and distributed the notice in accordance with Chapter
160 of the Federal Way Zoning Code. The public hearinq was held on
November 18, 1992.
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C. The proposed amendments are in the best interest of
the residents of the City:
Adoption of the amendments will increase the amount
of recyclables collected from multi-family and commercial
developments. In addition, the intent of the proposed amendments
is to comply with state law. Adoption of the amendments will allow
the City to make use of available grant monies, relieving City
residents of being the sole funding source for state law
compliance.
i. Consistent with WAC.
The WAC requires that storage space for
recyclables be required. The relevant languaqe in
Chapter 51 of the WAC is as follows:
"All local jurisdictions shall require that
space be provided for the storage of recycled
materials and solid waste for all new
buildings."
ii. �tate Fund Eliqibility.
There are two primary grant programs in
existence for waste reduction and recycling
programs. In order to be eligible for these funds,
cities must be in compliance with the County PYan.
The first such funding source is the State
Coordinated Prevention Grant program. Throug� King
County, cities are allocated grant funds. Grant
funds available to the City of Federal Way will
total between $725,000 and $966,00 for the seven-
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year period from January, 1993, to December, 1999.
King County grant monies for the same period
will, at a minimum, total at least $207,000. In
order to be awarded the $208,000 in County funds,
recycling space requirements must be adopted by
cities before December 31, 1992.
' Section 3. The Federal Way Zoninq Code Chapter 115.45 is
amended to require solid waste and recyclinq storaqe space
requirements be included in buildinq plans for all new multi-family
and commercial developments as follows:
Chapter 115.45.
115.45 Garbage and Recycling Receptacles, Placement
and Screening
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2 . Exemptions - ���e—�eeep�t-,a��es—€en—�P}�±�'�=�—���� 1=::'
, The followinq
structures are exempt from the requirements of this
section:s
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- Storage receptacles for detached dwellinq units,
parks or construction
sites.
- Structural alterations or increases in gross floor
area to existing
non-con�orming structures which do not meet the
threshold levels
described in Chapter 165 of this Code.
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January 1. 1993.
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3. Storage Area Defined - Storage areas'shall include the
� 4. 6e�e�a� Location - Except as specified in paragraph 2 of
this section, garbaqe and recycling receptacles,
includinq underground facilities -
a. May not be located in required yards;
b. May not be located in buffer areas r�quired by or
under this Code; and
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6. Design Guidelines - General - The following provisions
shall apply to all storaqe area desiqns-
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to the collection storaqe area.
a structure, collection equipment must have an
adeguate vertical clearance and an adequate turning
radius to insure access and ease of inc,�ress and
egress.
torage areas shall not interfere with the primarv
use of the site. The area shall be located so that
collection of materials by trucks shall interfere
with pedestrian or vehicular movement to the
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b. Enclosure and Landscapinq. - All outdoor trash
enclosures for garbage and recycling receptacles
shall be screened from abuttinq .�roperties and�or
public rights of way by a one-hundred (100) �ercent
siqht-obscuring fence or wall, a minimum of six
feet high, and appropriate landscape screen. Gate
Qnenings should be at least twelve feet wide if
garbage and�or recyclinq drop boxes are used. In
c.
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7. S�ace Requirements - The followinq minimum soace
�equirements for recycling storage areas shall be
incorporated into the desiqn of all buildincrs -
a. Multi-Family: 1.5 square feet per unit, with a
minimum of 65 square feet.
b. General Commercial: Three square feet of storaqe
space, with a maximum of 1, 000 scruare feet, for
ev� 1.000 scxuare feet Gross Floor Area, with a
minimum of 65 square feet.
� Retail: Five sc�uare feet of storage space, with a
maximum of 1,000 square feet, for everv 1,000
square feet Gross Floor Area, with a minimum of 65
square feet.
d. �ducational and Institutional: Two square feet of
a minimum of 65 sc�uare feet.
Section 4- Ratification. Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
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not to impede access to the storaqe area.
Weather �rotection - Storage containers shall be
x�rotected from weather damage by using containers
that are larqely weather-proof or by coverinQ the
storage area. Roofed storage areas must be
accessible to haulers and collection eq�nment.
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Section 5 - Severabilitv.
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The provisions of this
ordinance are declared separate and severable. The invalidity of
any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to
any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
Sectian 6- Effective Date. This ordinance shall be
effective thirty (30) days after passage, as provided by law.
PASSED by the City Council of the City of Federal Way
this 15th day of December , 1992.
CITY OF FEDERAL WAY
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, ��� ����1 � � I 1J ��1
i'i� • • �
; MAUREEN I,1[. SWANEY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, CAROLYN A. LAKE
FILED WITH THE CITY CLERK: December l, 1992
PASSED BY THE CITY COUNCIL: December 15, 1992
PUBLISHED: December 18, 1992
EFFECTIVE DATE: January �4, 1993
ORDINANCE NO. 92-158
la\kathleer\ordin�recyclap.rev
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