Loading...
Ord 92-158� ORDINANCE NO. 92-158 � 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 � • 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. -2- • � 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- -3- . � 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 � 2 . Exemptions - ���e—�eeep�t-,a��es—€en—�P}�±�'�=�—���� 1=::' , The followinq structures are exempt from the requirements of this section:s . - �.- . � .- ;-�►-. . • • - • - •� - - 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. -4- January 1. 1993. r� u �� 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 - - - _��s zs - . • •. - . - . ' �. . . _ •t �_ ... . . - .. - _ . ..- . -..- . t � •� -_� - -• . - - -• • •�iil . • - • -•�_ •ii- � �i b 6. Design Guidelines - General - The following provisions shall apply to all storaqe area desiqns- � �� 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 _ . - - . -_ . _ �� �_�� �� . -- .�, -�• �- ��- . ..- �- ,. -_ - � ! 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. � 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. Q� 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. � Section 5 - Severabilitv. � 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 , , � , ��� ����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 -7- �