Ord 92-148
ORDINANCE NO.
92-148
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, AUTHORIZING VEHICLE REPAIR AND
VEHICLE PAINTING RETAIL FACILITIES WITHIN
COMMUNITY BUSINESS (BC) ZONES AND
MANUFACTURING PARK (MF) ZONES BY ADDING NEW
FEDERAL WAY ZONING CODE SECTIONS 45.100 AND
65.60.
WHEREAS, amendments to the Federal Way Zoning Code text
are authorized pursuant to the Federal Way Zoning Code §135 and
§160; and
WHEREAS, the Federal Way Zoning Code §135.15 contains the
criteria for amending the text of the Zoning Code; and
WHEREAS,
a
threshold
review
of
this
proposal
was
considered by the Federal Way City Council pursuant to Federal Way
Zoning Code §160.20; and
WHEREAS, the Federal Way City Council, having reviewed
the proposal and having prioritized it on the Planning Commission's
Work Plan, referred the proposal to the Planning commission for its
review and recommendation; and
WHEREAS, the Planning commission considered the proposal
at a public hearing on June 24, 1992, and all public notice was
duly given pursuant to Federal Way Zoning Code §160.30 and §160.40;
and
WHEREAS,
following
public
hearings,
the
Planning
commission determined that
certain proposed
Zoning Code text
amendments should be adopted and submitted Findings of Facts and
Recommendations to the city Council; and
COpy
WHEREAS, the City Council considered such recommendations
at a public meeting on July 21, 1992; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
The Findings of Fact of the Federal Way
Planning Commission pertaining to the amendments as contained in
the Planning commission Staff Report dated July 15,
1992,
and
attached her4;!to as Exhibit "A" are adopted by ref4;!rence.
section 2.
A new §45.100 is added to the Federal Way
Zoning Code as set forth in Exhibit "B" incorporated herein by this
ref4;!rence.
Section 3.
A new § 65.60 is added to the Federal Way
Zoning Code as set forth in Exhibit "c" incorporated herein by this
r4;!f4;!r4;!nc4;!.
section 4.
Ratification.
Any act consistent with th4;!
authority and prior to the effectiv4;! dat4;! of this ordinance is
hereby ratified and affirmed.
section
5.
Severability.
The
provisions
of
this
ordinance are declared separate and s4;!verable.
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.
section 6.
Effective Date.
This ordinance shall be
eff4;!ctive
five
(5)
days
after passage
and publication
of
an
approved summary consisting of th4;! title hereto.
-2-
PASSED by the City Council of the City of Federal Way
this "/~ day of
( /Æ..'rf,¡J
, 19 J~ .
CITY OF FEDERAL ~
~~c:t ) ~
0 , ROBERT STEAD
ATTEST:
'\
L~
CITY LERK, MAUREEN SWANEY, CMC
./
.. CPR°j¡c::-/-,
ACTrÑG CITY ATTORNEY, CAROLYN A. LAKE
FILED WITH THE CITY CLERK: 8/4/92
PASSED BY THE CITY COUNCIL: 8/4/92
PUBLISHED: 8/7 /92
EFFECTIVE DATE: 8/12/92
ORDINANCE NO. 92-148
\LA\SUSANM\ORD\91-87.0RD
-3-
EXHIBIT A
CITY OF FEDERAL WAY
PLANNING COMMISSION
MEMORANDUM
DATE:
JULY 15, 1992
TO:
MA YOR STEAD AND CITY COUNCIL
FROM:
PHIL WATKINS, CHAIRMAN
FEDERAL WAY PLANNING COMMISSION
SUBJECT:
RECOMMENDATION OF AMENDMENTS TO CHAPTERS 45,
COMMUNITY BUSINESS (Be) AND 65, MANUFACTURING PARK
(MP) OF THE FEDERAL WAY ZONING CODE
SEPA STATUS: EXEMPT
1.
Background
The Planning Commission reviewed proposed changes to Chapter 45 and 65 at a public hearing
on June 24, 1992. The proposed amendments were twofold. The first part of the amendment
would allow auto body repair and paint shops in the BC zoning district through a Process II.
The second aspect of this code reyision was to allow auto body repair and paint shops in the MP
zoning district using Process 1. City staff presented the Planning Commission with a staff report
and draft zoning code language (both attached) that incorporate the changes recommended by
city staff.
II.
Plannin!! Commission Recommendation
After review of the staff report presented and staff presentations from the planning staff, the
Planning Commission recommends the zoning code amendments rontained in the attached draft
code language.
ill.
Findin!!s in Support of the Recommendation
1.
The proposed code revision will allow improvement and expansion of existing
auto repair and paint shops to take place. By permitting these uses in BC zones,
existing operations of this type will, with satisfactory siting, design, and
operation, be able to expand or improve under the provisions of Process II.
2.
3.
\.
IV.
Review under provision of Process II ensures that opportunities for public
comment on specific proposals will be maximized. All landowners within 300
feet, and all adjoining residents are notified of any application for new or
expanded auto repair and paint shops. The final decision would be made by the
Hearing Examiner after a public hearing. This decision may be appealed to the
City Council.
Review under the provisions of Process II ensures that the Planning Official can
impose conditions on siting, design, or operations to regulate noise, fumes, dust,
and any other forms of pollution in order to protect surrounding land uses.
4.
Both alternative two and three address the need to allow auto repair and paint
shops in BC zones. However, the staff feel that only alternative three allows
these uses to be sensitively controlled through broad consultation, to protect
surrounding uses, or protect the character of sensitive areas in BC zones.
5.
Auto body repair and painting shops should be a permitted use in the MP zone.
This activity is similar to the other industrial and manufacturing uses specifically
permitted in the MP zone. Such uses are currently a permitted use in the MP
zone based on an existing administrative decision.
6.
Auto body repair and painting shops should be reviewed using Process 1. The
MP zone contains performance standards necessary to protect neighboring uses
from the potential impacts of this activity. Auto body repair and paint facilities
are similar to other land uses permitted in the MP zone using Process 1.
7.
A public education program is necessary to enhance enforcement efforts related
to these uses. The city should coordinate enforcement efforts with appropriate
regional, state, and federal agencies.
ATTACHMENTS
Staff Report
Draft Ordinance
~~
Phil Watkins, Chairman
Federal Way Planning Commission
7 - JS-9~
Date
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USE ~
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Section
1,5.100
Ret" i 1
EstabLish-
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l'rovidin¡;
Vehicle
Repair
and/or
Paint in".
DInECTIONS:
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If ad
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USE ZONE CIIAnT
This' use may be permitted under this section onr-yíf
it meets (but is not limited to) the following
criteria:
1. Building layout and design must mitigate imp"ct
of dust, Lumes, noise, glare, odor, or any other
discharge on neighboring uses and natural
systems.
2. Building layout and design must mitigate to
protect neighboring uses and natural systems
from accidental spillage, leakage, or discharge
of hazardous material and pollutants.
3. All storage, operations. service, painting and
repair shall be conducted within enclosed
buildings. Storage of vehicles shall be in an
enclosed and completely screened yard.
4. The design and layout shall be compatible with
neighborin" uses in terms of visual and traffic
impact, and shall make a positive contribution
to the townscape.
5. Refer to Chapter 1 to determine other applicable
regulations which apply to this use.
6. Any facade that exceeds 50' in length must be
modulated as follows:
a. Minimum depth is 3'.
h. Minimum width is 4'.
c. Maximum width is 35'.
7. If approved through Process II, the height of a
structure may exceed 35' above average building
elevation if:
a. The subject property does not adjoin a low
I density zon~
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SI'J1CIAL RIJG ULA'nONS AND Nun!S
PAGE
45-19
DlnECìlONS:
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Section
L,5.100
Reti1; I
Esti1bl ish-
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Providln¡(
Veldc Ie
Repi1ir
and/or
Paintin¡(
Continued.
MAXIMUMs
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SI'IICIAL IŒGlJLA'JlONS AND NO"Il'.S
b. Each requ'ired yard abutting thestructure is
increased I' for each l' the structure exceeds
35' above average building elevation;
c. The increased height will not block nny
views desi¡(nated by the Comprehensive Plan; and
d. The increased height is either in character
with the surrounding uses or consistent with
desirable development in the area of the
subject property os established by the
Comprehensive Plan.
8. Hours of operation must be consistent with the
uses in the vicinity so as not to adversely
effect neighhoring properties.
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PAGE
45-20
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See tion
65.60
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and/or
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J"DNE
MP
S!'OCIAL JUlGUI..Al10NS AND N<111!S
This use may be permitted under this section ~nly if
it meets (but is not limited to) the following
criteria:
[. Building layout and design must mitigate impact
of dust, fumes, noise, glare, odor, or any other
discharge on neighboring uses and natural
systems.
2. Building layout and design must mitigate to
protect neighboring uses and natural systems
from accidental spillage, leakage, or discharge
of hazardous materials and pollutants.
3. All storage, operations, services, painting, and
repair shall be conducted within enclosed
buildings. Storage of vehicles shall be in
an enclosed and completely screened yard.
4. The design and layout shall be compatible with
neighboring uses in terms of visual and traffic
impact, and shall make a positive contribution
to the townscape.
5. Landscaping: The first 25' of the required
front yard, starting from the street, must be
landscaped and contain a 3' high beam, or 3'
high dense, sight-obscuring vegetation. The
city may require additional landscaping if
necessary to screen parking areas. Parking
and driving areas shall be located in the
second 25' of the required front yard.
1~ I I L ~F"'olhn'InIOlmo"nnnuoul,""lngnn"p""og.,.o.,'ooChOplollOc,
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75 IIf adjoin
ing a low
density
zone,
then 30'
above
E
average
building
elevation
otherwise
35' above
average
elevation
PAGE
65-[8
DIRECTIONS:
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65.60
Any Repilir
ilndfnr
Painting or
Vehicles
Continued.
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MINIMUMS
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MP
SI'I!CIALRHGUI.Al10NSAND NO'lì!S
6. The facade of any structure excee~ing 50' in
length must be modulated as follows:
a. Minimum depth is 3'.
b. Minimum width is 4'.
c. Maximum width is 35'.
7. Additional buffering beyond the requirements of
this code, may be necessary to mitigate the
impact on neighboring uses.
B. The development must contain at least 5 acres;
provided however this use may be developed and
conducted on a lot of any size if:
a. The Int 1 ¡nes defining the lot were lawfully
created pdur tu Mill'ch 1, 1990; and
b. The applicant has not owned any contiguous lot
or lots since March 1, 1990.
For development of less than 5 acres m~er this
paragraph, the Planning Official will determine
the required yard landscape and buffer, and
other similar dimensional requirements on a
case by case basis, based on the size and
location of the subject property and the nature
and intensity of the proposed use and development
on the subject property.
9. If approved through Process II, the height of a
structure may exceed 35' above average building
elevation if:
a. The subject property does nut adjoin a low
density zone;
b. Each required yard abutting the structure is
increased l' for each I' the structure
exceeds 35' above average building elevation;
-r::::==. r.. 01"0' 'nlormn"o" nbou' pO'kl"" n,," pn'kln" o,on" ,.. ChOp'nr 1 uo.
r.. "n'n", ",",n ,n"Uln"n",',,"'1s cnln"..y, son Chnplm 110
. rm ,'n'n'" nr "'n 'n""'n"n", ", 'his cnln"m" son Chnp,..!<J
,.. ''"In'lsulw''nl """""nn"""'h",,,h"""",,""Chnp"" "',
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P^GE
65-19
OlnE<:nONS:
FlIS',"'","""""""'.......lHEN, nc"s"ol nEGUlJ\lIONS
USE ZONE CHAnT
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S¡'IJeIALRHGULA110NSAND NO'l1!S
Sect inn
65.60
c. The increased height will not block any
views designated by the Comprehensive Plan;
and
d. The increased height is either in character
with surrounding uses or consistent with
desirable development in the area of the
s~~ect property as established by the
Comprehensive Plan.
10. Under this Section this use may include an
accessory office utilizing no more than 30% of
the gross floor area of this use and accessory
retail sales and service facilities utilizing no
more than iO% of the gross floor area of this
use.
Any R,' ", i r
and/or
Painting o[
Vehicles
Con t inlled.
I '-1--' I L L L-. F... olh" In/...mn"on n"oul pmk"n nnd p..klnn n"o,. ..0 Chnpl" '05.
. rOI dolnlls 01 1M ,onulo"ons In Ihls cnlouolY, soo Chopl" 95
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PAGE
65-20