Council PKT 05-15-2001 Special/Regular
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AGENDA
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FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
May 15,2001
(www.ci.federal-way.WOo".r)
*****
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I.
~IAL MEETING - 5:30 p.m.
CALL MEETING TO ORDER
ll.
P ARKSIRECREATION COMMISSION INTERVIEWS
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III.
ADJOUR.NMEbTT. i; :'/, ','
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J,ŒGULAR¡\1EETING - 7:00 p.m. '.';'
CALL MEÈnNG'TO'ORDER"; <
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PLEDGEÖF'ÄLLEGIANCE'" .'
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III.
PRESENTATlúNS
a.
b.
c.
d.
ProclamationlMental Health Month
ProclamationlCancerRelay for Life'
City ManagerlIntroduction of New Employees
City ManagerÆmerging Issues' ,
'" .~ .
IV.
CITIZEN COMMENT
PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING.
Citizens may address City Council at this time. When recognized by the Mayor. please come forward to the
podium, adjust the microphone to proper height. and state your name and address for the record. PLEASE
LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may inte1T1lpt citizen comments that
continue too long, relate negatively to other individuals, or are otherwise inappropriate
over please. . .
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.v.
CONSENT AGENDA
(Items listed below have been previously reviewed by a Council Committee of three members and brought
before full Council for approval; all items will be enacted by one motion; individual items may be removed
by a Councilmember for separate discussion and subsequent motion.)
a.
b.
c.
d.
VI.
a.
b.
VII.
a.
Vill.
IX.
X.
a.
b.
XI.
MinuteslMay 1. 200 I Regular Meeting
Council Bill #267/Public Parks Code Amendment/Enactment Ordinance
Interlocal Agreement with Federal Way Fire Department
Planning Commission AppointmentlUnexpired Term
CITY COUNCIL BUSINESS
ParkslRecreation Commission Appointments
Skate Park Bid Award
INTRODUCTION ORDINANCES
Council Bill #268/Five-StOlY Wood Fràlné Buildings Code Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER FIVE OF THE FEDERAL WAY CITY
CODE TO ALLOW CONSTRUCTION OF FIVE-STORY WOOD FRAME
BUILDINGS. '
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b.
Council Bill #269/Height & Landscaping Code Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY
CITY CODE TO ADDRESS HEIGHT AND LANDSCAPING REQUIREMENTS FOR
PUBLIC PARK AND RECREATIONAL FACILITIES, SCHOOLS, GOLF COURSES
AND GOLF DRIVING RANGES. '
\,
.. THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA..
CITY COUNCIL REPORTS
CITY MANAGER REPORT
EXECUTIVE SESSION
Potential LitigationlPursuant to RCW 42.30. 110(1)(i)
Property AcquisitionlPursuant to RCW 42.30. 110(1)(b)
ADJOURNMENT
THERE ARE 2 COMPLETE AGENDA PACKETS AVAILABLE FOR CITIZEN REVIEW
OF DETAILED ITEMS ON THE CONFERENCE TABLE AT THE BACK OF COUNCIL CHAMBERS
MEETING DATE: May 15, 2001
ITEM # :L( tt)
..--....----...--........- ..-......-..-........-.....-...... ...... ...-...--.. ---.....--....---..........--- ----..
-....-....--...-.--.--.
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: City Council Meeting Minutes
'-""'--"""""-"'--"-"""""""""""""""""""-"""""""'-"'"-.........-..-.....-.........-..........-.............-..--..-.-...--....-.-----.-..-.....-.--....-.......--...-...--.............
CATEGORY: BUDGET IMPACT:
X CONSENT
ORDINANCE
_BUSINESS
HEARING
FYI
_RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Req'd: $
..................--...--......---.-........-.........-....----.............. _............... ..... -... -...-.....- ........... -........- .-..--.-.....-..-............. ...........................
............... .......................... ............ ......... .................................. no""'"
ATTACHMENTS: Official minutes of the regular City Council meeting on May 1,2001.
............................................................................................................"""""""""""""""""""""""""""""""""""""""""""""""""""""".....................................
..........................................................................."""""""""""""""""""
SUMMARYIBACKGROUND: Official City Council meeting minutes for permanent records pursuant
to RCW requirements.
........-.. ...--....-...... .................-...............-........... ...... -......-.................................-.... -..............-............. ........-........................-......
......-........................... .-........ ........................................................- ...- ................. .........
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
..... .........----........- ...-........--...-....... """"'-- .........-. - ...............-....................................... ..... _........... - -....-.....- ........ --....
""""""'-""""-""""""""""'-""""""""-""""'-"""""""'"
PROPOSED MOTION: I MOVE APPROVAL OF THE OFFICIAL MINUTES OF THE REGULAR
CITY COUNCIL MEETING ON MA Y 1, 2001.
......................................... -. --.-.-.............- """""""-""" - .-.. ..........".....................--................................................... ........ ..........
..... ........ ....-..... ........... ........ - ................................... ............ -..-..-.. .-........
APPROVAL OF CITY MANAGER: ~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
_APPROVED
DENIED
- T ABLED/DEFERRED/NO ACTION
- MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
FED ERAL WAY CITY CO UN CIL
Council Chambers - City Hall
May 1,2001- 7:00 p.m.
Regular Meeting
ÐfJIff
*****
I.
CALL MEETING TO ORDER
Mayor Park called the regular meeting of the Federal Way City Council to order at the
hour of7:06 p.m.
Councilmembers present: Mayor Mike Park, Councilmembers Jeanne Burbidge, Mary
Gates, Eric Faison, Dean McColgan, and Michael Hellickson.
Deputy Mayor Kochmar was excused.
Staff present: City Manager David Moseley, City Attorney Bob Sterbank, City Clerk
Chris Green, and Deputy City Clerk Stephanie Courtney.
II.
PLEDGE OF ALLEGIANCE
Councilmember McColgan led the flag salute.
III.
PRESENTATIONS
a.
SPIRIT Award/Month of May
City Manager David Moseley announced and awarded the May SPIRIT Award to the
Public Safety Department/Traffic School division for their outstanding job on the award-
winning traffic school program which receives constant positive feedback form citizen
participants. He recognized Lieutenant John Stray, Traffic School Administrator Pam
Hall, and Officers Crawford, Klingele, Clary, Tucker, Anderson, Stieben, Deyo, Kamiya,
Laird, and O'Neil; all of whom have invested time into the program to make it a success.
Public Safety Director Anne Kirkpatrick accepted the award on their behalf.
b.
Max Fisher Memorial FundlFamily Acknowledgment
Parks, Recreation, Cultural Services Department Recreation Supervisor John Hutton read
and presented the acknowledgement to the Max Fisher Family, recognizing the impact
Max Fisher had on the people he spent time with. The family has generously donated in
his name to begin the Max Fisher Youth Memorial Fund, which will be a scholarship
program dedicated to youth sports programs for youth of low income families.
Federal Way City Council Regular Meeting Minutes
May 1, 2001 - Page 2
The Fisher family accepted the acknowledgement and thanked the Parks Department and
City Council for the recognition.
c.
Proclamation/Police Memorial Week
Councilmember McColgan read and presented the proclamation to Public Safety
Department Police Officer Bob Schubert. Officer Schubert accepted the proclamation,
thanking council and reminding citizens on the importance of blue ribbons that had been
handed out as a memorial to fallen comrades.
d.
City ManagerlIntroduction of New Employees
City Manager David Moseley announced and introduced new employees: Donna Hanson,
the new Assistant City Manager, Rox Burhans, the new Associate Planner for the
Community Development Department, Karen Kirkpatrick, the new Assistant City
Attorney, and Jamal Mohamed as the new Parks Maintenance Worker.
e.
City ManagerŒmerging Issues
City Manager David Moseley announced there we no emerging issues.
IV.
CITIZEN COMMENT
There was no citizen comment.
v.
a.
b.
c.
d.
e.
f
g.
h.
1.
CONSENT AGENDA
Minutes/April 17. 2001 Regular Meeting - Approved
Vouchers- Approved
Monthly Financial ReportlMarch 2001- Approved
Nautilus Neighborhood Traffic Safety Project Approval- Approved
Federal Way High School Neighborhood Traffic Safety Project Approval-
Approved
1999-2000 Citywide Pavement Marking Project Closure- Approved
Year 2001 Asphalt Overlay Project Bid Award- Alproved
23rd Ave So Road Improvements Project (So 316 to So 3241h St) Bid
Award- Approved
Purchase of Plate Compactor with Replacement Reserves- Approved
COUNCILMEMBER HELLICKSON MOVED APPROVAL OF THE CONSENT
AGENDA AS PRESENTED; COUNCILMEMBER MCCOLGAN SECOND. The
motion passed as follows:
Federal Way City Council Regular Meeting Minutes
May 1, 2001 - Page 3
Burbidge
Faison
Gates
Hellickson
Yes
Yes
Yes
Yes
Kochmar
McColgan
Park
VI.
CITY COUNCIL BUSINESS
Excused
Yes
Yes
Selection of Voting Delegates for A WC Annual Business Meeting
COUNCILMEMBER HELLICKSON MOVED TO APPOINT MAYOR PARK,
COUNCILMEMBER BURBIDGE, AND COUNCILMEMBER FAISON AS
VOTING DELEGATES, AND DEPUTY MAYOR KOCHMAR AS AN
ALTERNATE FOR A WC ANNUAL BUSINESS MEETING; COUNCILMEMBER
GATES SECOND. The motion passed as follows:
Burbidge
Faison
Gates
Hellickson
Yes
Yes
Yes
Yes
Kochmar
McColgan
Park
VII.
INTRODUCTION ORDINANCE
Council Bill #267lPublic Parks Code Amendment
Excused
Yes
Yes
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
. WASHINGTON, AMENDING ARTICLE II TO CHAPTER 11 OF THE FEDERAL
WAY CITY CODE TO ADOPT BY REFERENCE RCW 66.44.100 OPENING OR
CONSUMING IN PUBLIC PLACE (AMENDS ORDINANCE NO. 91-82).
COUNCILMEMBER BURBIDGE MOVED COUNCIL BILL #267/PUBLIC
PARKS CODE AMENDMENT TO SECOND READING/ENACTMENT AT THE
MAY 15TH REGULAR COUNCIL MEETING; COUNCILMEMBER
HELLICKSON SECOND. The motion passed as follows:
Burbidge
Faison
Gates
Hellickson
Yes
Yes
Yes
Yes
Kochmar
McColgan
Park
VIII.
CITY COUNCIL REPORTS
Excused
Yes
Yes
Councilmember Gates updated Council on her attendance at various regional meetings
and distributed a written update on Sound Transit. She brought attention to a recent
Federal Way City Council Regular Meeting Minutes
May 1, 2001-Page 4
article in a nationwide magazine, on a new company that has located to the city; she
noted this was wonderful opportunity to showcase Federal Way.
Councilmember Burbidge updated council on her recent attendance at various regional
meetings, and announced the next meeting of the ParkslRecreation/Human
Services/Public Safety Committee will be held Monday, May 14th at 12:00 noon. She also
reminded citizens of upcoming events at the Knutzen Family Theatre and other events in
the community.
Councilmember Hellickson reported that he would like to review the possibility of
implementing a K-9 unit into the Federal Way Public Safety Department. He added the
Public Safety Department is doing a phenomenal job, but would be enhanced with this
added resource.
Councilmember Faison had no report.
Councilmember McColgan reported on the Hershey track meet that will be hosted by the
City of Federal Way in June/July. He announced the next meeting of the Land
Use/Transportation Committee will be held Monday, May 7th at 5:30 p.m. in Council
Chambers.
Mayor Park noted he attended the trade show that was hosted by the SeaTac Mall; the
city received an award for Best Gallery, Best Park and Best Live Theatre. He added he
would attending the Asia Pacific Conference in Seattle with City Manager; and where
Mayor Nakasato ffom Hachinohe, Japan, who will also be attending the conference, will
be visiting City Hall on Tuesday, May 8th.
IX.
CITY MANAGER REPORT
City Manager David Moseley update council on Mayor Nakasato's upcoming visit on
Tuesday, May 8th; and thanked Weyerhaeuser and its subsidiary Westwood Shipping for
donating a suite at Safeco Field for a Mariners Game for Mayor Nakasato and his
entourage.
Mr. Moseley also noted there will be a public forum on Thursday, May lOth for the
purposes of discussing e-government with residents and local businesses. He asked
anyone who would like to attend or would like more information to contact the
Community Development Department.
He reported the city has received nine community development block grant applications
that will be reviewed by staff and then forwarded to the Human Services Commission for
a recommendation.
Federal Way City Council Regular Meeting Minutes
May 1, 2001 - Page 5
City Manager David Moseley also commended the Parks, Recreation, and Cultural
Services Department on the awards the city received for Best Park and Best Live Theatre.
Mr. Moseley also thanked Eagle Scout Jeff Crowder for the landscaping he completed at
Celebration Park and the entrance to the BP A Trail; he noted this landscaping project
saved the city a large amount of time and resources.
He further reminded Council of the need for an executive session for the purposes of
discussing potential litigation/pursuant to RCW 42.30. 110(1)(i); it will last approximately
thirty minutes with no action anticipated.
x.
EXECUTIVE SESSION
At 7:45 p.m. Mayor Park announced the council would be recessing to an executive
session for approximately thirty minutes with no action anticipated.
Potential Litigation/Pursuant to RCW 42.30.110(1 )(i)
At 8: 15 p.m. Assistant City Manager Derek Matheson requested an additional ten
minutes.
Council returned to chambers at 8:35 p.m.
XI.
ADJOURNMENT
There being no further business to come before the Federal Way City Council, Mayor
Park adjourned the meeting at 9:56 p.m.
Stephanie D. Courtney
Deputy City Clerk
IS:
MEETING DATE: May ZOO 1
ITEM~ JC (f-)
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Ordinance/Amending Park Regulations Regarding alcoholic Beverages in a Public Place
CATEGORY:
^ CONSENT
X ORDINANCE
BUSINESS
HEARING
FYI
BUDGET IMPACT:
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Memorandum to Council Amending Park Regulations Regarding Alcoholic
Beverages in a Public Place, Draft Ordinance
SUMMARYIBACKGROUND: The Federal Way City Code 11-64 criminalizes the possession of an open
container of alcohol in a public park. The 1999 state legislature amended the state law thereby making possession
of an open container a class 3 civil infraction. In order to enforce this change in the state law, an amendment to the
Parks Regulations is required.
This amended language to Section 11-64 of Article II to Chapter 11, Park Regulations is shown as underline:
Sec. 11-64. Alcohol beverages prohibited
It is unlawful for any person to use or possess any alcoholic beverage in a park, including unopened beverage
containers, provided this prohibition shall not apply to organized groups which have secured a permit from the
director and, if required, from the state liquor control board. A violation of this section shall be subject to the
penalties as set forth in RCW 66.44.100. or hereafter amended. as adopted by reference in Section 6-36.
CITY COUNCIL COMMITTEE RECOMMENDATION: A motion to forward the proposed ordinance,
amending ordinance no. 91-82, section 11-64 of Article II to Chapter 11 of the Parks Regulations, to full Council on
May 1,2001.
CITY MANAGER RECOMMENDATION: Motion to move proposed Ordinance to 2nd reading and enactment at
the May 15 regular meeting.
APPROVED FOR INCLUSION IN COUNCIL PACKET:
~\
\
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
YltJý"'tt iv S&;¿¡y>.ti fY-((d,¿~(j/£l11¿dlJ1e/rd ai (!1{Lfl ì,5f/¡ iðÙl1&{ rlLt't'h7'J
APPROVED
DENIED
_TABLEDIDEFERREDINO ACTION
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ITEM 5.D
PARKS, RECREA nON AND CULTURAL SERVICES DEPARTMENT
MEMORANDUM
DATE:
March 21,2001
TO:
PRHSPS Council Committee
SUBJECT:
Jennifer Schroder, Director
Dovid MO~g"
AMENDING PARK REGULATIONS REGARDING ALCHOLIC BEVERAGES
IN A PUBLIC PLACE
FROM:
VIA:
BACKGROUND
The Federal Way City Code 11-64 criminalizes the possession of an open container of alcohol in a public
park. The 1999 state legislature amended the state law thereby making possession of an open container a
class 3 civil infraction. In order to enforce this change in the state law, an amendment to the Parks
Regulations is required.
The amended language to Section 11-64 of Article II to Chapter II, Park Regulations is shown as
underline:
Sec. 11-64. Alcohol beverages prohibited
It is unlawful for any person to use or possess any alcoholic beverage in a park, including unopened
beverage containers, provided this prohibition shall not apply to organized groups which have secured a
permit from the director and, if required, from the state liquor control board. A violation of this section
shall be subject to the penalties as set forth in RCW 66.44.100. or hereafter amended. as adopted by
reference in Section 6-36.
STAFF RECOMMENDATION
Staff recommends the committee to move for full council approval, the ordinance, amending Ordinance
No. 91-82, Section 11-64 of Article II to Chapter II of the Parks Regulations No. 91-82.
COMMITTEE RECOMMENDATION
Motion to forward the proposed ordinance, amending Ordinance No. 91-82, Section 11-64 of Article II to
Chapter 11 of the Parks Regulations, to the full City Council, with a "do pass" recommendation.
APPROVAL BY COMMITTEE:
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Committee Member
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lJé¿~mittee MeIJ1J(ér
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DRAFT
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, W ASIllNGTON, AMENDING ARTICLE
II TO CHAPTERll OF THE FEDERAL WAY CITY CODE
TO ADOPT BY REFERENCE RCW 66.44.100 OPENING OR
CONSUMING IN PUBLIC PLACE (Amends Ordinance No. 91-
82)
WHEREAS, Federal Way City Code 11-64 criminalizes the possession of an open
container of alcohol in a public park;
WHEREAS, during the 1999 legislative session the Washington State Legislature amended
the state law thereby making possession of an open container a class 3 civil infraction; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section I. Amendment. Section 11-64 of Article II to Chapter 11, Parks Regulations,
of the Federal Way City Code is hereby amended to provide as follows:
Sec. 11-64. Alcoholic beverages prohibited.
It is unlawful for any person to use or possess any alcoholic beverage in. a park, including
unopened beverage containers, provided this prohibition shall not apply to organized groups which
have secured a permit from the director and, if required, from the state liquor control board.--A
violation of this section shall be subject to the penalties as set forth in RCW 66.44.100, or
hereafter amended, as adopted by reference in Section 6-36.
Section 2. 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
ORD#
, PAGE I
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affect the validity of the remainder of the ordinance, or the validity of its application to other
persons or circumstances.
Section 3. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 4. Effective Date. This ordinance shall take effect and be in force five
(5) days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
, 2001.
day of
CITY OF FEDERAL WAY
MAYOR, MIKE PARK
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K: \0 RDIN\alcoholparks .amd
Revised 3ntOI
ORD#
, PAGE 2
MEETING DATE: May 15,2001
ITEM# ~ Cci.J
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Interlocal Agreement with the Federal Way Fire Department
CATEGORY: BUDGET IMPACT:
x CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
_OTHER:
Amount Budgeted: $N/A
Expenditure Amt: $N/ A
Contingency Reqd: $N/ A
ATTACHMENTS: Draft Interlocal agreement with Federal Way Fire Department (FW Fire District
#39) and staff memo.
;UMMARYIBACKGROUND: This draft inter-local agreement is intended to replace the existing inter-local
agreement. The current agreement is nearly 10 years old and does not accurately reflect current practices.
CITY COUNCIL COMMITTEE RECOMMENDATION: On Apri123, 2001, the committee recommended
to the full council approval of the inter-local agreement as recommended by staff.
CITY MANAGER RECOMMENDATION: Motion to authorize the City Manager to sign the interlocal
agreement between the city and the fire department
APPROVED FOR INCLUSION IN COUNCIL PACKET:
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
_APPROVED
DENIED
_TABLEDIDEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
To:
Land Use and Transportation Committee
Date:
Mary Kate Gaviglio, Building Official
David ~anager
APri123,200V . ,
From:
Via:
Subject: Inter-local Agreement with Federal Way Fire Department
I.
INTRODUCTION AND BACKGROUND
In August 2000, Battalion Chief Jerry Thorson of the Federal Way Fire Department
requested that the 10 Yz year old inter-local agreement between the city and the fire
district be updated to reflect current practices and to eliminate unclear language. Over the
next six months fire department staff, the building official and the legal department
revised portions of the agreement. This version is the final product of that negotiation
and review. The changes to the agreement can be summarized as follows:
~
Editorial Changes:
Update outdated code references
Update outdated occupancy classifications
~
Formalize Current Procedures:
Eliminate references to issuance of Fire Department Pennits
Establish written notice of violations procedures
Establish time frame for re-inspection of violations
Give specific direction for coordination of fire investigations
with FW Building Department
~
Clarify Service language:
Include fire sprinkler and fire alann modifications in review
responsibilities
Clarify final inspection coordination language
Add language to indicate City responsibility for electrical
pennits associated with alann systems
~
Modify Annual Inspection Schedule:
Modify annual inspection schedule to reflect bi-annual
inspections for certain businesses/occupancies
- II.
PROCEDURAL SUMMARY
The inter-local agreement has been reviewed by the City's legal department and by
Federal Way Fire Department
III.
COUNCIL ACTION/STAFF RECOMMENDATION
The Council shall by majority vote of its total membership take the following action:
1.
Approve the proposed inter-local agreement;
2.
Modify and approve the proposed inter-local agreement; or
3.
Return the agreement to staff with direction for further negotiation.
Staff recommends approval ofthe inter-local agreement as proposed.
IV.
LAND USE/ TRANSPORTATION COMMITTEE RECOMMENDATION
It is the City's practice that inter-local agreements be presented to the LUTe. The LUTC
discussed the fire department inter-local agreement and staffs recommendation during an
April 16, 2001 public meeting.
LUTC forwards the agreement to the full Council for first reading as follows:
As recommended by staff
As recommended by staff and amended by the LUTC
Approval of Committee Action
//Â. ..
~~)~
,/ anne Burbidge
g;;;;: If ~
Eric Faison
DRAfT
S19/t5/
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND
FEDERAL WAY FIRE DEPARTMENT, RELATING TO DEVELOPMENT
REVIEW PROCESS AND THE ENFORCEMENT OF THE UNIFORM FIRE
CODE.
THIS AGREEMENT is made and entered this date by and between Federal Way Fire
Department, a political subdivision of the State of Washington (hereinafter referred to as
the "District") and the City of Federal Way, a non-charter optional municipal code city,
incorporated under the laws of the State of Washington (hereinafter referred to as the
"City").
WHEREAS, the City has adopted land use regulations and a series of safety codes having
to do with the building, maintenance, and use of structure and their occupancies,
including the Unifonn Building Code (UBC) and the Unifonn Fire Code (UFC), and
WHEREAS, the District has a fully functional Fire Prevention Division, staffed with
trained personnel that regularly conducts fire code safety inspections and plan review in
an area that includes the City, and
WHEREAS, the District has provided fire code safety inspections for the City since the
City was incorporated in 1990 through an Interlocal Agreement entitled THE
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND
KING COUNTY FIRE PROTECTION DISTRICT NUMBER 39, RELATING TO
DEVELOPMENT REVIEW PROCESS AND THE ENFORCEMENT OF THE
UNIFORM FIRE CODE ("1990 Interlocal"); and
WHEREAS, the parties to the interlocal agreements referenced above wish to tenninate
that agreement in order to update various provisions as set forth in this Agreement,
NOW THEREFORE, pursuant to the provisions ofthe Interlocal Cooperation Act,
Chapter 39.34 RCW, the City and the District agree as follows: In consideration of the
mutual tenus, provisions and obligations contained herein, it is agreed by and between
the City and the District as follows:
1. The District will appoint a representative(s) to participate in the City's
development review process. This will include such items as Site Plan Review
process, Community Development Review Committee, Pre-Construction
conferences, and code enforcement. The City will advise the District in a timely
manner of meetings that require their attendance.
1
2. The District will carry out the intent of the Uniform Fire Code (UFC) for the City
by conducting inspections, investigations, performing plan review, and
maintaining a Fire Prevention Division. All references to the UFC in this
document refer to the 1997 UFC as it now exists or as is hereafter amended.
Inspections of existing occupancies will be conducted as follows:
a. Inspections are to be performed as per section 103.3.1.1 and Section 105.4
of the UFC as presently constituted or subsequently amended.
b. Inspections in accordance with Section 103.1.1 and 105.4 shall be
conducted at least one time during every two-year period, except Group A
and H occupancies, which shall be inspected on an annual basis. In all
cases the inspections are to be conducted in a regularly scheduled manner.
c. The District will serve written notice of violations of the UFC to the
property and/or business owner as is appropriate. Re-inspection of failed
inspections will be conducted not more than 30 calendar days after the
initial inspection. The thirty-day limit may be exceeded if so doing does
not endanger persons occupying or accessing the occupancy and the fire
inspector sets and documents in writing a date certain for re-inspection.
d. If compliance is not achieved after the first re-inspection, a second written
notice will be served.
e. If after a second re-inspection for violation, a non-compliance still exists,
then the Fire Marshal shall confer with the Building Official and jointly
prepare the enforcement action.
f. At the time of the first inspection, Fire Department Inspectors will
determine if a valid permit is held by occupancies requiring a permit,
pursuant to UFC Article 4. If a valid permit is not held, the inspector will
take appropriate action to inform the occupant of the local requirements.
g. Notwithstanding the foregoing, immediate enforcement and or other
actions may be undertaken by the City in lieu of warnings or reinspections
if to do so is necessary to comply with applicable law or for other
circumstances as determined by the City. The District shall reITain ITom
performing any of the services specified in this paragraph upon request by
the City.
3. The District will conduct Fire Investigations in conformance with the UFC and
other local, state or federal regulations. Fire investigators will advise the City's
Building Official of structure fires as soon as possible but no later than the
conclusion of the initial investigation, and prior to any work being done by a
contractor to repair fire damage. All investigations involving the crimes of arson
or mischievous burning are to be conducted and the appropriate police agency
notified. This does not preclude any coordination or cooperation of any other
appropriate agency.
2
4. A copy of plans submitted to the City for building construction and/or alteration
will be submitted to the District for review. Generally, the District will be
responsible for determining:
a. Fire hydrant locations.
b. Locations of Fire Department connections for standpipes and sprinkler
systems.
c. Key box locations and approvals.
d. Fire flow availability in areas where the Water/Sewer District does not
have sufficient information
e. Road access to property and buildings for fire fighting purposes, including
designating fire lanes.
f. Fire sprinkler and fire alarm modifications.
5. The District will review plans for Automatic Fire Suppression Systems and Fire
Alarm and/or Detection Systems. Associated electrical installations will be
reviewed and permitted separately by the City.
6. The District will assist the City as necessary, to perform field inspections during
various stages of construction on new and renovated buildings.
7. The District will be responsible for witnessing tests of Automatic Fire
Suppression Systems and Fire Alarm and/or Detection Systems. Such tests are to
be performed by the installer.
8. The City and the District will jointly conduct final inspections of new buildings.
9. For such assistance of enforcing the codes and ordinances as adopted by the City,
the City agrees to pay the District on a quarterly basis as follows:
a. For assistance with plan review and inspection of buildings classified as
Group A, B, E, F, H, I, M, Rl, and S Occupancies as set forth in the UBC,
the Fire Department Plan Check Fee collected pursuant to the Uniform
Fire Code Fee Resolution as adopted by the City.
b. For assistance with plan review and inspection of Automatic Fire
Suppression Systems and Fire Alarm and/or Detection Systems, the Fire
Department Plan Check Fee and the Fire Department Permit Fee for such
systems collected pursuant to the Uniform Fire Code Fee Resolution as
adopted by the City.
10. The District will review applications and perform field inspections of public
fireworks displays to ensure compliance of applicable State and City laws.
. 3
11. The Chief of the District or the Chiefs designee, and the City Manager or the
Manager's designee shall administer this agreement.
12. (a) The City is contracting with the District to obtain the expertise, which the
District acknowledges, and warrants its personnel possess. The employees of the
District performing services under this Agreement shall, under no circumstances,
be construed as being employees of the City. The District, with respect to the
services provided by the District pursuant to this Agreement, hereby agrees to
indemnify, defend and hold the City hannless fTom any and all claims for
personal injury, property damage or other claims of any nature whatsoever arising
out of the acts, omissions, or performance of any of the District's personnel in
carrying out services contracted to be provided under this Agreement. Said
agreement of indemnification shall include indemnification by the District of the
City for any claims for injuries made by the District's agents or employees against
the City, not withstanding any immunities that might otherwise have been
available to the District by virtue of the Workman's Compensation Act, Title 51
RCW.
(b) The City, with respect to this Agreement, hereby agrees to indemnify, defend
and hold the District hannless fTom any and all claims for personal injury,
property damage or other claims of any nature whatsoever arising out of the acts,
omissions, or performance of any of the City's personnel in carrying out services
contracted to be provided under this Agreement.
13. The 1990 Interlocal, as identified in the recitals of this Agreement, is hereby
terminated as of the date of this Agreement.
14. Either party may terminate this Agreement upon sixty (60) days written notice
unless a shorter period is mutually agreed upon the by the parties. Paragraph 12
of this Agreement shall survive termination.
15. Any notices required to be given by the City or by the District shall be delivered
to the Parties at the addresses set forth below.
City:
District:
City Manager
City of Federal Way
33530 1st Way S.
P. O. Box 9718
Federal Way, WA 98063-9718
Interim Administrator
Federal Way Fire Department
31617 1st Avenue S.
Federal Way, W A 98003
16.
Filing of Agreement. This Agreement shall be filed with the City Clerk of the
each municipality and the King County Auditor as required by law.
4
The foregoing items are not intended to be all-inclusive, but to demonstrate intent of a
cooperation needed to comply with the codes and goals of the City and the District.
IN WITNESS THEREOF, the parties have executed this Agreement.
CITY:
DISTRICT:
David H. Moseley, City Manager
(Name)
Date:
Date:
K:\interlocal\FW Fire Dept Dev Review2
5
VlEETING DATE: May 15, 2001
ITEM # ::¡z- GQ)
""--"'-"""'-'--'--"--"""-""'-""""""---'-"---""'-"""""""""-""-""""'-"-"'-""""--"""""""""""......-....."........-...--...-...-.-.....
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Planning Commission AppointmentlUnexpired Term
......- ..-......." -.. -. ...'-""" ...... ................................. ............ ................... ..... ....... ................ .............. ..,............... ......
..................... ...-.............................-................-.............................-..-.-...................-.-...--
CATEGORY: BUDGET IMPACT:
X CONSENT
_ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Req'd: $
......................................-...................-...............",,""""""""""""""""""""""""""""""'".............................................'-"""""""""""""""""""""""""""""""""""""""""""
"""""'"........................................................._...............,.
ATTACHMENTS: None
.- ..........................-..........................-..............................................................................................................................................
................................................................................................""""""""""'-"...............--....-.........-........
~UMMARYIBACKGROUND: As a result of the resignation of Planning Commissioner Karen
Kirkpatrick on April 19, 2001, it is necessary to name a replacement. It is the consensus of Council to
appoint current alternate Sophia McNeil as a voting member, to fill the unexpired term of Commissioner
Kirkpatrick.
(The City Clerk will arrange for introduction and presentation of the appointment certificate for the new
appointee at the June 5 regular meeting)
...... ..-..-...-....-..-................-........... ........_-_. -...-.....-..............-................--..-..-.....",...-...........--.......-.- .-.......... ............-................-
................-.-........'-'" ......-...... ........-....."....... ..-.............-................
CITY COUNCIL COMMITTEE RECOMMENDATION: N/ A
. ........ ..-.. ...............-...." ......... .......---.... ........-........-....... ....................-..--....-......-...................-....-..-.......-.......-......,--...-....-.....---..
....... ............ ...........-.............-.............-.-................-.--..--..."""""""'"
PROPOSED MOTION: I MOVE THE APPOINTMENT OF SOPHIA MCNEIL AS A VOTING
MEMBER OF THE PLANNING COMMISSION, TO FILL THE UNEXPIRED TERM OF
COMMISSIONER KIRKPATRICK THROUGH SEPTEMBER 30, 1001.
.......... .... .....- ............................. .............. - ....... -.......... -......... ....-..-.. .............-......... ...-....... ..............................-...-..-.............
... ......... ...__..... -..-.......-....... ............."........... -............ ....-.-.... -..-.. .....-....--......-...-.. --.-- ......,.......
APPROVAL OF CITY MANAGER: ~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
_APPROVED
_DENIED
T ABLED/DEFERRED/NO ACTION
- MOVED TO SECOND READING (ordinances only) .
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
I:\COVERCC-S/4/01
\1EETING DATE: May 15,2001
ITEM # -:xzr (éA)
.-.....-....------.....
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: ParksIRecreation Commission Appointments
- -..-- -... -.. -... .-....--.- - ....-- ......... ....._.... - .......... ..-...-. -.... .-....-..--.. .-...................-.-...- ... ....-......-...- -..-..-.
...----..-----. .....-.------....-
CATEGORY:
BUDGET IMPACT:
CONSENT
ORDINANCE
X BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Req'd: $
....... """-"""-'" ..--.. ....-..-..--.-.....-. """""'" -...-.. .......--.............. - ..............._...... ......... - .-.......-... .....-......-............-. -... -..........-.....-..-....-.
........................... ........... ..................... .................. ................ .................. .....-.
A TTACHMENTS: None
.......... --............. ..... -"'-'-"""""-"-""""""'" -.......... ...... ..... ...... -.................. -... ......... ............ ..........-...............-..-...-..""" -......-.............
-..-..--....-. .............,............ ............ .....................-............-................ ..-.-................. -.
SUMMARYIBACKGROUND: At a special meeting on May 15,2001, the City Council of Whole will
interview applicants to fill four (4) positions on the city's ParkslRecreation Commission. Council-
members will confirm their appointments at that evening's meeting. Since the commission does not
currently have any alternates, the Council also has the option of appointing additional applicants as
alternates.
(The City Clerk will arrange for introduction and presentation of the appointment certificates for the new
appointees at the June 5 regular meeting)
..........- ...... .-.....-.... _...... ...-.............. _.....- .-...... -.......-......-... ......... ...... ..-. .......... ............ ....... ..............---...- .-.......-.................
..... ...-....... .... ....-.......-..""""""" ....................--.. ........-...... ....... ...... ... ....... ............... ......
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
........-........-.......--..--...-......-......-.........--"'--"""""'-""'-'-""'--"""-""--"-"""'-""'-'--'--.-.....-........,..---...............................-...........-.......---......-..-......
..............-..-.....-....-...
PROPOSED MOTION: I MOVE THE APPPOINTMENT OF THE FOLLOWING PERSONS TO
THE CITY'S PARKS/RECREATION COMMISSION.' (names); AND FURTHER MOVE THE
APPOINTMENT OF THE FOLLOWING PERSON(S): (name(s)) AS ALTERNATE(S) TO THE
COMMISSION,' ALL FOR 3-YEAR TERMS ENDING ON APRIL 30, 2004.
. - ~; ~ ~:::: ~ ~:: ~: ~ =- - - - - - - - - --
COUNCIL ACTION:
_APPROVED
_DENIED
- T ABLEDIDEFERREDINO ACTION
- MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
I:\COVERCC-5/4/01
MEETING DATE: May 15,2001
ITEM #
:JLL Cð- )
"""""""""""""""""""""""""""""""""""""""""..............................................................................................................................................................
........"""""""""""""""""""""""""""""""""""""""""'".................................
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Skate Park Bid Award
""""""""""""""""""""""""""""""""""""""""""""""""""""'"...................................................................................................."""""""""""""""""""""""""""""""""""""""""""""
"""""""""""""""""""""""""""""""""'"
CATEGORY:
BUDGET IMPACT:
CONSENT
ORDINANCE
X BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Req'd: $
.......................................................................................................................................................................................................
.......................................................................................................................................................................
ATTACHMENTS: May 14,2001, Parks, Recreation, Human Services & Public Safety Committee Memorandum
.......................................................................................................................................................................................................
.......................................................................................................................................................................
SUMMARY/BACKGROUND: April 27, 2001, Staff began advertising the construction documents for the
public bid process starting. The Bid open is scheduled for Friday, May 11, 2001 at 10: 15 a.m. After the bid open,
<;taff will review the bid results and tabulate the results for the May 14 Council Committee meeting. The tabulation
,heets will be handed out at the meeting with a short presentation to the Committee. (Staff will provide Council with
the Committee's Recommendation prior to the City Council Meeting).
.......................................................................................................................................................................................................
.......................................................................................................................................................................
CITY COUNCIL COMMITTEE RECOMMENDATION: Recommends awarding the Skate Park bid to
the lowest responsive responsible bidder. (Staff will present the bid tabulation sheet to the Committee and Council)
........................................................................................................................................,..............................................................
...............................................................................""""""""""""""""""""""""""""""""""""""""""""
PROPOSED MOTION: I move approval of the Skate Park bid to the lowest responsive responsible
bidder (Staff will provide Council with the Name of the Contactor and bid amount prior to the City Council Meeting.).
.......................................................................................................................................................................................................
.......................................................................................................................................................................
APPROVAL OF CITY MANAGER:
--\fN\
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
T ABLED/DEFERRED/NO ACTION
- MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
I:\CQYERCC-5/4/0 1
Item 5.J
CITY OF FEDERAL WAY
PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT
MEMORANDUM
Date:
May 7,2001
To:
Parks, Recreation, H man Services & Public Safety Council Committee
Subject:
David Mosel, anager
Jon Jainga, Park PlaIDling and Development Manag?
Skate Park Bid Award
Via:
From:
The following is the latest update regarding the Skate Park Structure at Steel Lake Park Construction
Project, RFB Number 01-105:
Back~round:
September 2000, City Council approved the 90% Construction Drawing for the revised Skate Park
Design.
October 2000, City Council approved the Final Skate Park Design and authorized staff to move forward
with the public bidding process on completion of the Land Use Process 1.
Master Land Use Review
May 4,2001, Community Development completed the Master Land Use Review of the engineering
documents, plans, and specifications.
Public Bid Process
April 27, 2001, staff advertised the construction documents for the Skate Park Structure. The Bid
opening is scheduled for Friday, May 11, 2001 at 10: 15 a.m. After the bid opening, staff will review the
bid results and tabulate the results for the May 14 Council Committee meeting. The tabulation sheets will
be handed out at the meeting with a staff recommendation to award the bid.
Available Funding
The available funding for the Skate Park Project is $220,778.00
Recommendation:
Staff recommends awarding the Skate Park bid to the lowest responsible responsive bidder.
(Staff will present the bid tabulation sheet to the Committee)
APPROV AL OF COMMITTEE REPORT:
Committee Chair
Committee Member
Committee Member
L+em
I. CITY OF FEDERAL WAY
PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT
MEMORANDUM
Date:
May 11, 2001
To:
Parks, Recreation, Human Services & Public Safety Council Committee
David ~ager
Jon J.lng., p~~ ;;.:n,:g .nd Dovelopm,nt M.n.g,~
Skate Park Bid Award (Update) U V .
Via:
From:
Subject:
i:5.J.
The following is the latest update regarding the Skate Park Structure at Steel Lake Park Construction Project, RFB
Number 01-105:
Backeround:
September 2000, City Council approved the 90% Construction Drawing for the revised Skate Park Design.
October 2000, City Council approved the Final Skate Park Design and authorized staff to move forward with the
public bidding process on completion of the Land Use Process 1.
Master Land Use Review
May 4,2001, Community Development completed the Master Land Use Review of the engineering documents,
plans, and specifications.
Public Bid Process
April 27, 2001, Staff began advertising the construction documents for the public bid process.
The bid opening was Friday, May 11, 2001 at 10:15 a.m.
Five contractors purchased a set of the bid documents; two of the five submitted a sealed bid. As part of the bidding
process, bidders where required to fill out the contractor's qualification sheet displaying evidence of their technical-
experience in pour-in-place concrete and shortcrete application. These are very skilled application used in building
skate park structures. T.F. Sahli Construction submitted the lowest responsive responsible bid and met all the
technical bidding qualifications. T.F. Sahli total bid amount is for $188,480.00. The following is a list of recent
skate parks built by T. F. Sahli Construction:
1. Auburn
2. Burien
3. Burlington
4. Everett
5. Gig Harbor
6. Kent (Downtown)
7. Kent (West Hill)
8. Lakewood
9. Orting
10. Maple Valley
11. Olympia
12. Silverdale
Available Fundine
The available funding for the Skate Park Project is $218,778.00
The bid amount is within the budgeted project amount.
Recommendation:
Staff recommends awarding the Skate Park bid to T.F. Sahli Construction, Burien, W A.
the lowest responsible responsive bidder in the amount of$188,480.00 and approve the construction budget amount
of $218.77ROO which includes Washington State Sales Tax. 2% for th~ Arts and a Project Contingencv. I'
Ii
a~~
Committee Mem er
APPROVAL OF COMMITTEE REPORT:
MEETING DATE: May 15, 2001
ITEM#
~~)
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Federal Way Code City Code, Chapter 5 Amendment
CATEGORY: BUDGET IMPACT:
CONSENT
x ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $N/ A
Expenditure Amt: $N/ A
Contingency Reqd: $N/A
ATTACHMENTS: Draft Ordinance, staff memo
SUMMARYIBACKGROUND: This draft ordinance is intended allow five-story wood ftame construction
mder the alternate methods and materials section of the 1997 Uniform Buildng Code, adopted by the City
of Federal Way by reference.
CITY COUNCIL COMMITTEE RECOMMENDATION: On Apri123, 2001, the committee recommended
to the full council adoption of this ordinance amending Chapter 5 ofthe Federal Way City Code as
recommended by staff.
CITY MANAGER RECOMMENDATION: Motion to move ordinance to second reading and enactment at
the regular meeting on June 5, 2001
APPROVED FOR IN CLUSI ON IN COUNCIL P ACIŒT:~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
T ABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
~(pR
To:
Land Use and Transportation Committee
Date:
Mary Kate Gaviglio, Building Official
David ~anager
April 23, 2001
From:
Via:
Subject:
Amendment to the Federal Way City Code (FWCC) Chapter relating to Building
Code Requirements
Alternate materials, alternate design and methods of construction -
Five Story Wood Frame Construction
I.
INTRODUCTION AND BACKGROUND
Many cities are looking at ways to optimize small building sites. Five-story wood frame
construction is one solution that has been used in several cities including Portland,
Seattle, Tacoma, and Everett. While not currently incorporated into the unifonn codes,
five-story wood frame construction, where it has been allowed, has an excellent 1ife-
safety record.
Ordinances in the cities noted above vary according to the fire fighting capability of
individual fire departments or districts. This ordinance is intended to provide for the
safety of occupants regardless of variable or fluctuating response capabilities of local fire
departments. The building's fire-life safety features represent the same level of safety
expected from any building built under the provisions of the UBC. Changes to the
Unifonn Building Code (UBC) with regard to basic fire-life safety provisions were
avoided. Only those requirements pertaining directly to the impacts of an additional
wood frame story (number of stories, allowable area) were amended. (See the attached
comparison to the 1997 UBC.)
The concept assumes that the addition of the fifth story requires a greater degree of fire-
resistivity for the first wood frame story in order to protect the structural integrity of both
the building itself and the exit structures. The exit enclosures are provided with
pressurization to compensate for the additional distance that the occupants must travel
from the fifth floor. This is a conservative approach in as much as the UBC and the
International Building Code (IBC) require no additional fire protection based on exit
travel distance once occupants are in a protected exit enclosure. Emergency power is
required to operate at least one elevator and all emergency related systems. All other
requirements of the UBC apply as appropriate based on occupancy type.
This ordinance will be presented in the fonn of a code amendment to the Washington
State Building Code during the next cycle. In the meantime, as has been discussed with
State Building Code Council (SBCC) staff, this ordinance can be utilized under section
104.2.8- Alternate materials, alternate design and methods of construction, 1997 UBC.
SBCC staff has confirmed that local jurisdictions have the authority to adopt such
regulation as is beneficial to their communities, as long as it meets the intent of section
104.2.8. Furthermore, SBCC staff has found no substantial flaws in technical content,
legal authority or process. They have recently responded to a group of three Eastside
jurisdictions in writing to this effect. Fire department personnel in several cities have
reviewed the ordinance and have been supportive of the concept and the approach to fire
safety. The City of Burien has already adopted this ordinance as part oftheir building
code.
II.
PROCEDURALSU~ARY
A generic version of this ordinance has been presented to the King County
Growth Management Board, the Washington Association of Building Officials
(W ABO), and the King County Advisory Committee. The State Building Code
Council staff has also reviewed the document. In February, the City of Burien
approved a version ofthe ordinance.
III.
COUNCIL ACTION/STAFF RECOMMENDATION
The Council shall by majority vote of its total membership take the following
action:
1.
Approve the proposed Building Code amendment by ordinance;
2.
Modify and approve the proposed Building code amendment by ordinance;
or
3.
Disapprove the proposed Building Code Amendment.
Staff recommends adoption ofthe ordinance amending Chapter 5 of the Federal
Way City Code
IV.
LAND USE! TRANSPORTATION COMMITTEE RECOMMENDATION
It is the City's practice that all building code amendments be presented to the
LUTe. The LUTC discussed the ordinance and staffs recommendation during an
April 16, 2001 public meeting.
LUTC forwards the proposed amendment to the full Council for first reading as
follows:
As recommended by staff
As recommended by staff and amended by the LUTC
1 of Committee Action
t..
~ef5~
1?11-- ~
Eric Faison
CODE COMPARISON
Uniform Building Code (1997 UBC)
vs.
Five-story Wood Frame Construction
ELEMENT
Number of Wood Frame
Stories Allowed
UBC
Fou r1
FIVE-STORY WOOD FRAME
Five
First Story Construction
Type V i-hour
Type V i-hour
Structural frame:
2-hour fire resistive
construction
Remaining Story
Construction
Sprinkler Substitution for
V i-hour construction
Occupancies Allowed
Type V i-hour
Type V i-hour
Not allowed
Not allowed
A, B, F-l, F-2, M, S-l, S-2,
S-3 S-5 R-l
, ,
Stair Enclosure Two-hour + 1'12 hour
'nstruction 0 enin rotection
::J rinkler S stem Re uired
Alarm S stem Re uired
Class I stand i e Re uired
Stairwell Pressurization Not re uired
Stand-b ower Conditionall re uired
Hei ht 50 2
Maximum Allowable Area 56,0004
Structural Observation Conditionall Re uired
1 Includes one story increase for sprinklers
2 Measured to the highest habitable floor.
3 May trigger high rise requirements if height exceeds 55 feet above lowest fire
department access (FWCC)
4 This number is for the purpose of comparison only. Buildings proposed with
mixed uses may be affected by other code requirements and may be less than
shown.
A, 8, F-l, F-2, M, S-l, S-2,
S-3 S-5 R-l
Two-hour + 11/2 hour
0 enin rotection
Re uired
Re uired
Re uired
Re uired
Re uired
652,3
70 000 4
Re uired
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY FEDERAL WAY, WASHINGTON,
AMENDING CHAPTER FIVE OF THE FEDERAL
WAY CITY CODE TO ALLOW CONSTRUCTION
OF FIVE-STORY WOOD FRAME BUILDINGS.
WHEREAS, the City of Federal Way desir
economically viable mixed-use buildings; and
e approval of
WHEREAS, Chapter 5 of the Federal Way
alternate material, methods of design, and methods of cons
frame construction for mixed-use buildin
I professionals who
'onal story of wood
and inspection
WHEREAS, the City solicited inp
recommended adoption of alternate methods and
standards are met, and
197-11-800(20) adoption of the regulations
ontaining no substantive standards respecting
om the procedural requirements of the State
Environmenta 0
additional incentive for t
occupancies within downtown
is alternate method of construction will provide an
Ion of economically viable mixed-use and residential
use element policies which pro
al Way, consistent with the City's Comprehensive Plan land
e for high density uses in the downtown;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES
HEREBY ORDAIN AS FOLLOWS:
, PAGE 1
ORD#
Section 1.
amended as follows:
Amendment Chapter 5 of the Federal Way City Code is hereby
A. The table of contents of Chapter 5 is amended as follows:
Chapter 5
B~DINGS AND B~DING
Article I. In Genera
Sec. 5-1. Purpose.
Sec. 5-2. Conflicts.
Sec. 5-3. Interpretation.
Sec. 5-4. Application and scope.
Sec. 5-6. Appe
Sec. 5-7. Enforcement
Sees. 5-8--5-35. Reserved.
Article II. Administration
Sec. 5-36. Right of entry.
Sec. 5-37. Authority to adopt rules and regulations.
ORD#
, PAGE 2
Sec. 5-38. Liability.
Sec. 5-39. Deviations.
Sec. 5-40. Additional conditions.
Sec. 5-41. Appeals.
Sec. 5-42. Permits.
Sec. 5-43. Enforcement (administration).
Sees. 5-44--5-65. Reserved.
Article III. Building Cons
Sec. 5-66. Building codes adopted.
Sec. 5-68. Uni
Five-Story Wood Frame Buildin2s
Sec. 5-69. Purpose-General
Sec. 5-70. Construction.
Sec. 5-71. Occupancy.
ORD#
, PAGE 3
Sec. 5-72. Stair Enclosures.
Sec. 5-73. Fire Detection and Protection.
Sec. 5-74. Height.
Sec. 5-75. Basic Allowable Floor Area
Sec. 5-91. Appeals.
Article V.
Sec. 5-76. Fire Department Access.
Sec. 5-77. Construction Inspection.
Sec. 5-78. Maintenance of Fire Protection Systems.
Division 1. Generally
Sec. 5-92. Enfì
Division 2. Permit
Sec. 5-101. To whom issued.
Sec. 5-102. Fees.
Sees. 5-103--5-115. Reserved.
ORD#
, PAGE 4
Division 3. Standards
Sec. 5-116. Plumbing code adopted.
Sec. 5-117. Amendments.
Sec. 5-118. County rules and regulations adopted relating to
Sees. 5-119--5-140. Reserved.
Article VI. Existing Buildings Mec
Sec. 5-141. Code adopted.
Sec. 5-142. Amendments.
Sec. 5-143. Appeals.
Sec. 5-167. Appeals.
Existine Buildines
Sec. 5-168. Amendments--Uni onn Code for the Abatement of Dangerous Buildings.
Sees. 5-169--5-215. Reserved.
Article VIII. Moving Buildings Swimmine Pools. Hot Tubs. Spas
ORD#
, PAGE 5
Sec. 5-216. Reserved.
Sec. 5-217. Compliance required.
Sec. 5-218. Enforcement.
Sec. 5-219. Violations and penalties.
Sec. 5-220. Satisfactory alternate.
Sec. 5-221. Retroactive effect.
Sec. 5-222. Fences and gates--Required.
Sec. 5-223. Same--Waiver for inaccessibility.
Sec. 5-226. Ap
/Jr'
Mavin!! Buildin!!s
Sec. 5-224. Same--Covered pools.
Sec. 5-246. Purpose and scope.
Sec. 5-247. Definitions.
Sec. 5-248. Classification of movements.
ORD#
, PAGE 6
Sec. 5-249. Pennit required.
Sec. 5-250. Application for pennit.
Sec. 5-251. Fees.
Sec. 5-252. Deposits; insurance.
Sec. 5-253. Conditions for issuance of penn its.
Sec. 5-254. Escort.
Sec. 5-255. Time.
Sec. 5-256. Lights.
Sec. 5-257. Notice to utilities.
ide X. Electrical Code
Sec. 5-320. Electrical codes adopted.
Sec. 5-321. Effect of chapter on existing wiring.
Sec. 5-322. Amendments.
ORD#
, PAGE 7
B. Chapter 5 of the Federal Way City Code is amended as by the addition of a new
article follows:
ARTICLE IV. FIVE-STORY WOOD
Sec. 5-69. Purpose-General
The u ose of this article to
1997 Edition of The Unifonn Buildin
must be met before a buildin
Sec. 5-70. Construction.
{ill
ill
shall be constructed of T e V 1-hour fire-
11 structural frame and load bearin elements must consist of
approved. two-hour fire-resistive construction.
Í£}
Upper Four Stories.
The upper four stories of a 5-storv wood frame building shall be constructed of at least Type V
I-hour fire-resistive construction.
ORD#
, PAGE 8
@
Use of Type V above Type I Construction.
Where Tvpe V wood fÌ"ame stories are constructed over Type I construction, the Type V stories
shall be separated fÌ"om the Type I stories as provided in Uniform Building Code Section
311.2.2.1 (1997 Edition), as presently constituted or as may be subsequently amended.
Sec. 5-71. Occupancy.
Occu anc
@}
Uniform Buildin
íQ}
Sec. 5-72. Stair Enclosures.
Sec. 5-73. Fire!!
@}
Code Standard 9-1
and contained in the 1997 U
Use of the automatic fire s .
er s stem shall be in addition to not in lieu of I-hour fire-
,
resistive construction requirede in Section 5-70. Automatic fire sprinklers may not be used to
increase the number of stories; no more than five stories of wood fÌ"ame construction may be
permitted.
ORD#
, PAGE 9
ill
All stair enclosures and elevator shafts shall be pressurized as set forth in Unifonn
Building Code sections 905.3.2 and 905.5.3.3. as presently constituted or as may be subsequently
amended. In addition a class I standpipe system as reQuired by Unifonn Building Code section
904.5 and Unifonn Building Code Standard 9-2. as presently constituted or as may be
subsequently amended. shall be installed.
æl
1997 Unifonn Buildin Code section 403.8.1 and the 1999
A standb
@ A monitored manual and automatic fire deteci"
jF
Fire Chief shall be installed throu out the buildin~+!and r
monitoring of the automatic fire sprinkler system.
Sec. 5-74. Hei2ht.
d and constructed ursuant to this section shall
"ded in the 1997 Unifonn Buildin Code as
the re uirements of
Sec. 5-75. Basic Allowable F
The basic allowable area of floors of five-story wood frame buildings shall be as allowed
In Table 5-B and sections 504 - 505. Uniform Building Code. 1997 Edition. as presently
constituted or as may be subseQuently amended. plus 25%.
, PAGE 10
ORD#
Sec. 5-76. Fire Department Access.
Site design for any five-story wood ftamed building shall include access sufficient for
Fire Department vehicles. as detennined by the Fire Chief and Building Official. Fire
Department vehicle access shall be documented on site and building plans.
Sec. 5-77. Construction Inspection.
The followin
section:
1.
Structural observation
elements; and
2.
Unifonn Buildin
and shall be forwarded to t
al and be available to the ins ection authori .
Section 2.
. 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 any other
persons or circumstances.
ORD#
, PAGE 11
Section 3.
Ratification. Any act consistent with the authority and prior to the
effective date ofthis ordinance is hereby ratified and affinned.
Section 4.
Effective Date. This ordinance shall take effect and be in force thirty (30)
days from the time of its final passage, as provided by law.
PASSED by the City Council of the City of
,2001.
ATTEST:
CITY CLERK, N. CHRISTINE GREE, ,
APPROVED AS
FILED WITH THE CITY CLE
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTNE DATE:
ORDINANCE NO.
ORD#
, PAGE 12
day of
MEETING DATE: May 15, 2001 ITEM# ..:J/J ( .~ W
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: AMENDMENTS TO FEDERAL WAY CITY CODE (FWCC), CHAPTER 22
RELATING TO IlEIGIIT AND LANDSCAPE REQUIREMENTS FOR PUBLIC PARKS, SCHOOlS,
GOLF COURSES AND GOLF DRIVING RANGES.
CATEGORY:
CONSENT
X ORDINANCE
BUSINESS
BEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
BUDGET IMPACf:
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
0
0
0
ATTACHMENTS: (1) April 23, 2001 Memorandum to the City Council Land Use and Transportation Committee
(LUTe); (2) Draft Ordinance; (3) Proposed Amendments to Land Use Charts and FWCC, Sec. 22.1561 Purpose
and 22.1570 Modification Options; (4) Staff Report to the Planning Commission
SUMMARYIBACKGROUND: Proposed amendments to Federal Way City Code to provide administrative
authority to increase heights for minor and supporting structures (e.g. flagpoles; lighting; bleachers; backstops)
that are necessary and integral to schools, parks, golf courses and golf driving ranges, as well as provide greater
latitude in landscaping requirements due to the unique nature and functional requirements of public parks and
schools.
CITY COUNCIL COMMITTEE RECOMMENDATION: LUTC unanimously recommended forwarding the
proposed amendments to the City Council for first reading of the ordinance.
CITY MANAGER RECOMMENDATION: Motion to move to second reading and enactment at the next regular
meeting.
APPROVED FOR INCLUSION IN COUNCIL PACKET: ~
(BELOW TO BE COMPLEIED BY CIlY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLEDIDEFERRED/NO ACTION
COUNCIL BILL #
ORDINANCE #
RESOLUTION #
-<to?
CITY OF FEDERAL WAY
MEMORANDUM
To:
Dean McColgan, Chair
Land Useffransportation Committee (LUTC)
VIA:
Kathy McClung, Director of Com~~~ Development Services
Greg Fewins, Deputy Director, C~
David Moseley, City Manager
~
FROM:
DATE:
April 23,2001
SUBJECT:
Amendments to Federal Way City Code (FWCC) Relating to Public Park and Recreation
Facilities, Schools, Golf Courses, and Golf Driving Ranges Heights and Landscaping
I.
INTRODUCTION AND BACKGROUND
As part of its regular review of development regulations and based on direction received from the
Land Use & Transportation Committee, I Staff has proposed code amendments to provide for an
increase in the maximum height requirements for sports field lighting, flag poles, and other minor
and supporting structures such as back stops associated with schools, public parks, golf courses, and
golf driving ranges, and to provide for flexibility regarding landscaping requirements specifically for
schools and public parks.
Text sections of Chapter 22, "Zoning," of the FWCC regarding review processes is proposed to be
amended based on: 1) existing code interpretations by the Director of Community Development
Services; and 2) the need to improve upon the current limitations regarding specific height and
landscaping requirements for schools, public parks, recreational facilities, golf courses, and golf
driving ranges. This is necessary in order to logically provide for the improvement and addition of
minor and supporting structures greater in height than currently allowed by the FWCC that are
necessary and integral to the subject use, as well as greater latitude in landscaping requirements due
to the unique nature and functional requirements of public parks and schools.
Currently, minor and supporting structures cannot exceed the height limit in certain zones, and
landscaping requirements for parks and schools do not reflect the unique nature and requirements
generally associated with these uses. At present, a variance process is required to allow for height
increases. Staff believes that there should be amendments to the zoning code.
Many minor and supporting structures in public facilities, such as lighting, bleachers, backstops, etc.,
exceed the height limit. Currently, a variance must be applied for each time a structure exceeding the
height limit is required. This is an unnecessary process for placing a minor and supporting structure
that is already an allowed use at these types offacilities.
I The 2000 Planning Commission Work Program was presented to the LUTC on January 10, February 24, and April 17,2000. At
the LUTC's April 17,2000 meeting, the LUTC made a motion to recommend approval to the City Council of the work program,
which included heights and landscaping amendments under "Miscellaneous Code Amendments." The work program was
approved by the City Council at their May 2, 2000, meeting.
The identified uses, public parks and recreational facilities, schools, and golf driving ranges, are
allowed in all zones with the exception of Corporate Park zone (CP).
II! DECISIONAL CRITERIA AND ANALYSIS
FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes
the compliance of the proposed zoning text amendments regarding landscaping and heights with the
criteria provided by FWCC Section 22-528.
The City may amend the text of the FWCC only if it finds that:
1.
The proposed amendment is consistent with the applicable provisions of the Comprehensive
plan.
The proposed amendment regarding heights and landscaping are consistent with, and
substantially implement, the following Comprehensive Plan goals and policies:
LUG 1 Improve the appearance andfunction of the built environment.
LUP 4 Maximize efficiency of the development review process.
2.
The proposed amendment bears a substantial relationship to public health, safety, or welfare.
The proposed FWCC text amendments will provide greater flexibility in placing minor and/or
supporting structures above the current height limit, by eliminating the requirement to go
through a costly and time-consuming variance procedure. Landscaping flexibility will promote
retaining the natural environment, as found in parks to a greater degree.
The proposed amendments will require that the proposed height of minor and supporting
structures (if greater than currently allowed in the zoning tables) for schools, public parks and
recreational facilities, golf courses and golf driving ranges, and landscaping modifications for
schools, public parks and recreational facilities be subject to individual administrative review
by the Director of Community Development Services. This review will assess each proposal on
a case-by-case basis to ensure that the minor and supporting structures would not have a
significant adverse effect on surrounding properties, and that landscaping modifications are
established consistent with the review criteria found in FWCC Section 22-1570.
In addition, flexibility in landscaping will in certain instances help promote public safety
through adherence to Crime Prevention Through Environmental Design (CPTED) standards.
For example, a reduction in perimeter landscaping requirements may allow greater visability of
a public facility by the police, and discourage unlawful activities.
Additionally, the proposed FWCC text amendments will result in improved review processes,
which have a direct relationship to public health, safety, and welfare.
3.
The proposed amendment is in the best interest of the residents of the city.
The proposed FWCC text amendment will improve review processes, resulting in increased
efficiency and effectiveness of city resources.
Page 2 of 4
III. PLANNING COMMISSION RECOMMENDATION AND PROCEDURAL SUMMARY
FWCC Chapter 22, Zoning, Article IX, Process VI Review, establishes a process and criteria for
zoning code text amendments. Consistent with Process VI review, the Planning Commission
considered the proposal in light of the decisional criteria in FWCC 22-521. The role of the Planning
Commission was as follows:
.
To review and evaluate the zoning code text regarding any proposed amendments;
.
To determine whether the proposed zoning code text amendment meets the criteria
provided by FWCC Section 22-528; and,
.
To forward a recommendation to City Council regarding adoption of the proposed
zoning code text amendment.
The proposed text amendments to the Zoning Chapter of the FWCC involve exclusively land use
procedures and do not contain substantive standards respecting use or modification of the
environment. Therefore, the proposed text amendments are categorically exempt from the provisions
of the State Environmental Policy Act (SEP A), pursuant to FWCC Section 18-71.
A Notice of Public Hearing, the Planning Commission Staff Report, and the Draft FWCC text
amendments regarding development review processes were published, posted, and distributed
consistent with code requirements.
The Planning Commission conducted a public hearing on the proposed FWCC text amendments on
April 4, 2001. The Planning Commission considered the proposed text amendments (Exhibit A) in
light of the decisional criteria outlined above in Section II of this report. By a unanimous vote (6-0),
the Commission recommended that the City Council adopt the zoning code text amendments
IV. COUNCIL ACTION
Consistent with the provisions of FWCC Section 22-541, after consideration of the Planning
Commission report and at its discretion holding its own public hearing, the City Council shall by
majority vote of its total membership take the following action:
1.
Approve the proposed zoning code text amendment by ordinance;
2.
Modify and approve the proposed zoning code text amendment by ordinance;
3.
Disapprove the proposed zoning code text amendment by resolution; or
4.
Remand the proposed zoning code text amendment back to the Planning Commission for
further proceedings. }fthis occurs, the City Council shall specify the time within which the
Planning Commission shall report back to the City Council on the proposed zoning code text
amendment.
Page 3 of 4
V. LAND USErrRANSPORTATION COMMITTEE RECOMMENDATION
It is the city's practice that all land use related items be presented to the LUTC. The LUTC will
discuss the Planning Commission's recommendation during an April 23, 2001, public meeting.
The LUTC forwards the proposed amendments to the full Council for first reading with the
following recommendation:
- Recommend APPROVAL of the proposal by adopting an appropriate ordinance.
- Recommend APPROVAL of the proposal as MODIFIED by adopting an appropriate
ordinance.
- Recommended DISAPPROVAL of the proposal by resolution.
ApPROVAL OF COMMITIEE ACTION
/~
( ..~ 6~~
Jeanne Burbidge
~
'/
v Enè :aisoó - -
VI. EXHIBITS
1.
Draft Ordinance
A.
Proposed Amendments: Land Use Charts and Federal Way City Code, Article XVII
Section 22-1561, "Purpose," and Section 22-1570, "Modification Options."
2.
Staff Report to the Planning Commission (April 4, 2001, Planning Commission Meeting)
Page 4 of4
CITY OF FEDERAL WAY
DRAFT
st?/fJ (
ORDINANCE NO. 01 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE
FEDERAL WAY MUNICIPAL CODE TO ADDRESS HEIGHT AND
LANDSCAPING REQUIREMENTS FOR PUBLIC PARK AND
RECREATIONAL FACILITIES, SCHOOLS, GOLF COURSES, AND GOLF
DRIVING RANGES
WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which
significantly revised the Federal Way City Code (FWCC), Chapter 22 (Zoning);
WHEREAS, the City of Federal Way finds that the amendments to FWCC Chapter 22 (Zoning), to
modify standards relating to height and landscape requirements for public park and recreational facilities,
schools, golf courses, and golf driving ranges will provide for improved review processes;
WHEREAS, the City of Federal Way finds that the code amendments relating to height and
landscape requirements for public park and recreational facilities, schools, golf courses, and golf driving
ranges will implement and is consistent with the Federal Way Comprehensive Plan;
WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code
amendments relating to the proposed changes on April 4, 2001, and forwarded a recommendation of
approval to the City Council;
WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered
the code amendments on April 23, 2001, following which it recommended adoption of the text
amendments; and
WHEREAS, the City Council finds that the proposed code amendments are consistent with the
intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and
welfare of the general public.
ORDINANCE NO. 01- , PAGE 1
EXHIBIT A
PAGE I OF 3
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council of the City of Federal
Way finds that the proposed code amendments will protect and will not adversely affect the public health,
safety, or welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law
with respect to the decisional criteria necessary for the adoption of the proposal:
1.
The proposed FWCC text amendments are consistent with, and substantially implement, the
following Comprehensive Plan goals and policies:
LUGI Improve the appearance and function of the built environment.
LUP 6 Conduct regular reviews of development regulations to determine how to
improve upon the development review process.
LUG 3 Preserve and protect Federal Way's single-family neighborhoods.
LUP 15 Protect residential areas from impacts of adjacent non-residential uses.
2.
The proposed amendment bears a substantial relationship to public health, safety, or welfare
because they will result in improved review processes, by providing consistency between
requirements and standards.
3.
The proposed amendment is in the best interest of the residents ofthe city because they will
improve review processes by clarifying and standardizing requirements, resulting in increased
efficiency and effectiveness of city resources.
Section 3. Amendment. FWCC Chapter 22 shall be amended as set forth in the attached Exhibit A.
Section 4. Severability. 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 any other persons or circumstances.
ORDINANCE NO. 01-
, PAGE 2
EXHIBIT A
PAGE ;;¿ OF 3
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council
on the
day of
,200 I.
ApPROVED:
MAYOR, MIKE PARK
ATTEST:
CITY CLERK, N. CRISTINE GREEN, CMC
ApPROVED AS TO FORM:
CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No.:
ORDINANCE NO. 01-
, PAGE 3
EXHIBIT A
PAGE 3 OF 3
IIDOCUMENl\M;scclianeous Code AmendmentslP.,ks & School He;ghtsIOrig;nal Ordinance doclLast printed 04/10/200101 :35 PM
Sec. 22-753. Entertainment, etc.
The following uses shall be pennitted in the community business (BC) zone subject to the regulations and notes set forth in this section:
USE
Retail
establishment
providing
entertainment,
recreational or
cultural services
or activities.
Private club or
lodge.
Health club, golf
course, driving
range, indoor
pistol range,
bingo hall.
Restaurant or
tavern.
;gm
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m::E:
t~
0
~
Fast food
restaurant.
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS
MINIMUMS
REQUIRED YARDS
rJ)
Z
0
....
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-<
,..;¡
~
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en
en
¡.¡.¡
~
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~~
Process II INone
Possible
Process III
See notes I
&4.
Process I, n, ill and IV are described in
§§ 22-386-22-411,
22-431-22-460,
~122-416-22-498 respectively.
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~
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en
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Restaurant: I
for each 100
sq. ft. of gross
floor area.
Fast food
restaurants: I
for each 80 sq.
ft.;
Otherwise
determined on
a case by case
basis.
T
ZONE
BC
SPECIAL REGULATIONS AND NOTES
I. If approved through Process III, the height of a structure may exceed 3S' above average building elevation to a
maximum ofSS', ifall of the following criteria are met:
a. The additional height is necessary to accommodate the particular use conducted in the building; and
b. The subject property does not adjoin a residential zone; and .
c. Each required yard abutting the structure is increased I' for each I' the structure exceeds 3S' above average
building elevation; and
d. The increased height will not block views designated by the comprehensive plan; and
e. The increased height is consistent with goals & policies for the area of the subject property as established by the
comprehensive plan.
2. Access to and from drive-through facilities must be approved by the public works department. Drive-through
facilities must be designed so that vehicles will not block traffic in the street while waiting in line and will not
unreasonably inteñere with on-site traffic flow.
3. Fast food restaurants must provide one outdoor waste receptacle for every 8 parking spaces.
4. If any portion of a structure on the subject property Is within 100 feet ofa residential zone, then that portion of the
structure shall not exceed 30 feet above average building elevation and the structure shall be set back a minimum of
20 feet from the property line of the residential zone.
S. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development
requirements, I.e., required buffers, parking lot landscaping, suñace water facilities, etc.
6. For community design guidelines that apply to the project, see Article XIX.
7. For landscaping requirements that apply to the project, see Article XVII.
8. For sign requirements that apply to the project, see Article XVIII.
9. Refer to Sec. 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property.
10. For community design guidelines that apply to the project, see Article XIx.
II. Minor and supporting structures constructed as a functional reQuirement of golf courses and zol£ drlvinz ranges
mav exceed the applicable heizht limitation. provided that the director of communitY development services
determines that such structures will not si!;nificantly impact adjacent properties.
For other ¡nfonnation about parking and parking areas, see § 22-1316 et seq.
For details of what may exceed this height limit, see § 22-1046 et. seq.
For details regarding required yards, see § 22-1131 et seq.
(Ord. No. 90-43, § 2(45.40). 2.21.90; Ord. No. 93.110, § 1(Exh. B), 4-20.93; Ord. No. 96.210, § 5, 1.2-96; Ord. No. 91.291. § 3, 4.1.91; Ord. No. 99.333, § 3,1-19.99)
f-o
Ô
IX
"'"
0'
0'
0'
3S'above
average
building
elevation.
See notes
1,4 & II.
. "",~." ",.m."...tt..-." I"nA. Am.nAm,n"IP"k. k ~chool H,i.hI!IFED WAY UZ BC.docll...'t print..! 03/28/2001 09:22 AM
See notes S & 7.
Sec. 22-761. Government facility.
The following uses shall be pennitted in the community business (Be) zone subject to the regulations and notes set forth in this section:
USE
Government
facility, public
parks, and
transit shelter.
om
==-><
';")...
1...-
-
OJ
ú-
-I
I
:>
ï1
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use. ., THEN, across for REGULATIONS
MINIMUMS
REQUIRED YARDS
r/J
Z
0
~
-<
~
;:J
C-'
~
CIJ
~
g
O~
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;:J-
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~
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§
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u
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~
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0
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~ts.~
~~~
gg~
~~CIJ
CIJ
¡,¡.¡
u
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¡:,.
OCIJ
~t:)
§~
~¡:,.
ZONE
BC
SPECIAL REGULATIONS AND NOTES
I. If approved through Process III, the height of a structure may exceed 35' above average building elevation to a
maximum of 55', ifall of the following criteria are met:
a. The additional height is necessary to accommodate the particular use conducted in the building; and
b. The subject property does not adjoin a residential zone; and
c. Each required yard abutting the structure is increased I' for each I' the structure exceeds 35' above average
building elevation; and
d. The increased height will not block views designated by the comprehensive plan; and
e. The increased height is consistent with goals & policies for the area of the subject property as established by
the cornprehensive plan.
2. Proposed parks must be consistent with the City's adopted comprehensive park plan.
3. If any portion of a structure on the subject property is within 100 feet of a residential zone, then that portion of
the structure shall not exceed 30 feet above average building elevation and the structure shall be set back a
minimum of20 feet from the property line of the residential zone.
4. No maximum lot coverage is established. Instead, the buildable area will be detennined by other site
development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc.
5. For community design guidelines that apply to the project, see Article XIX.
6. For landscaping requirements that apply to the project, see Article XVII.
7. For sign requirements that apply to the project, see Article XVIII.
8. Refer to Sec. 22-946 et seq. to detennine what other provisions of this chapter may apply to the subject
property .
9. Minor and supporting structures constructed as a functional requirement of public parks may exceed the
applicable height limitation, provided that the director of community development servcies detennines that such
structures will not significantly impact adjacent properties.
For other information about parking and parking areas, see § 22-1376 et seq.
Process II None Government facility: Government \ Detennined
Possible facilities: on a case by
Process III 0' 35' above average case basis.
See note I. building elevation.
Public parks: IP bl' k
Detennined on a case u IC ~ar s:
by case basis Detenntned on a.
case by case basIs.
Process I, il, III and IV are described in
§§ 22-386-22-411,
22-431-22-460,
22-476-22-498 respectively.
~
~
~
For details of what may exceed this height limit, see § 22-1046 et. seq.
For details regarding required yards, see § 22-1131 et seq.
-
-D
C:iJ
(Ord. No. 90-43, § 2(45.92), 2-27.90; Ord. No. 93.170, § 7(Exh. B), 4-20-93; Ord. No. 96.270, § 5, 7.2.96; Ord. No. 97.291. § 3. 4.1-97)
Transit shelter:
Transit shelter:
IS' above average
building elevation.
0'
0'
0'
See notes 1 & 9.
See notes 3 & 6.
-- '--" .. .. ..,
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.-1
0
-n
F'~
Sec. 22-728. Government facility.
The following uses shall be pennitted in the neighborhood business (BN) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS
Vi MINIMUMS
Z ~ REQUIRED YARDS CI1
0 J"IJ J"IJ ZONE
u
- g «
E-o ~~ ~ BN
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Government Process None Government facility: 35' above Determined I. If any portion of a structure on the subject property is within 100 feet of a residential zone, then that
facility, III 110' average on a case by portion of the structure shall not exceed 30 feet above average building elevation and the structure shall
public parks, 20' 10' building case basis. be set back a minimum of20 feet from the property line of the residential zone.
and public elevation. 2. Proposed parks must be consistent with the City's adopted comprehensive park plan.
transit shelter. Public parks: See notes I 3. No maximum lot coverage is established. Instead, the buildable area will be determined by other site
&8. development requirements, I.e., required butTers, parking lot landscaping, surface water facilities, etc.
Determined on a case 4. For community design guidelines that apply to the project, see Article XIX.
by case basis. 5. For landscaping requirements that apply to the project, see Article XVII.
6. For sign requirements that apply to the project, see Article XVIII.
Public transit shelter: 7. Refer to Sec. 22.946 et seq. to determine what other provisions of this chapter may apply to the
10' subject property.
0' 0' 8. Minor and supporting structures constructed as a functional requirement of public parks may exceed
the applicable height limitation, provided that the director of communitY development services
See notes I & 5. determines that such structures will not sll!:nificantly impact adiacent properties.
Process I, ll, m and IV are described in L For other infonnation about parking and parking areas, see § 22.1376 et seq.
§§ 22.386-22-411,
22-431-22-460, For details of what may exceed this height limit, see § 22.1046 et. seq.
22-476-22-498 respectively.
For details regarding required yards, see § 22.1131 et seq.
(Ord. No. 90-43, § 2(40.62),2-27-90; Ord. No. 93-170, § 7(Exh. B), 4.20-93; Ord. No. 96-270, § 5, 7-2.96); Ord. No. 97-291, § 3, 4-1-97)
1:\DOCUMEN1\MisceJlaneous Code Amendment!IParks & School Height!\FED WAY UZ BN.docILast printed 03/281200109:27 AM
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Sec. 22-870. Government facility.
The following uses shall be pennitted in the business park (BP) zone subject to the regulations and notes set forth in this section:
USE
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULA nONS
MINIMUMS
REQUIRED YARDS
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BP
SPECIAL REGULATIONS AND NOTES
I. If approved through Process III, the height of a government facility may exceed 40' above average
building elevation, to a maximum ofSS' ifall of the following criteria are met:
a. The additional height is necessary to accommodate the particular use conducted in the building; and
b. The subject property does not adjoin a residential zone; and
c. Each required yard abutting the structure is increased l' for each I' the structure exceeds 3S' above
average building elevation; and
d. The increased height will not block views designated by the comprehensive plan; and
e. The increased height is consistent with goals and policies for the area of the subject property, as
established by the comprehensive plan.
2. If any portion of a structure on the subject property is within 100 feet of a residential zone, then that
portion of the structure shall not exceed 30 feet above average building elevation and the structure shall be
set back a minimum of20 feet from the property line ofthe residential zone.
3. Proposed parks must be consistent with the City's adopted comprehensive plan.
4. No maximum lot coverage is established. Instead, the buildable area will be determined by other site
development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc.
S. For community design guidelines that apply to the project, see Article XIx.
6. For landscaping requirements that apply to the project, see Article XVII.
7. For sign requirements that apply to the project, see Article XVIII.
8. Refer to Sec. 22-946 et seq. to determine what other provisions of this chapter may apply to the subject
property.
9. Minor and supporting structures constructed as a functional reQuirement.ofpubllc parks and public
recreation facilities may exceed the applicable height limitation. provided that the director of community
development services determines that such structures will not significantly impact adjacent properties.
For other infonnation about parking and parking areas, see § 22-1376 et seq.
Government ¡Process II INone IGovernment
facility. Possible facilities:
Process III
Public transit I See note 1.
shelter and
facilities.
Government \ Determined
facilities: on a case by
40' above average case basis.
building elevation
Public Park &
recreation
facilities.
Process I, IT, ill and IV are described in
§§ 22.386-22-411,
22-431-22-460,
22-476-22-498 respectively.
2S'
10'
10'
For details of what may exceed this height limit, see § 22-1046 et. seq.
For details regarding required yards, see § 22-1131 et seq.
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(Ord. No. 90-43, § 2(65.45), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93¡ Ord. No. 96-270, § 5. 7-2.96 ¡ Ord. No. 97-291, § 3, 4-1-97)
Public transit, parks I See note 1.
and recreation:
Determined on a case Public transit:
by case basis. 1 S' above average
building elevation
See notes 2 &6.
Park &
Recreation:
Determined on a
case by case
basis.
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ŒNnM¡,celianeou, Code Amendments\Parks & School HeightsIFED WAY UZ BP.docILa't printed 03/28/2001 09:-
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Sec. 22-800. Government facility.
The following uses shall be pennitted in the city center core (CC-C) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use, , , THEN, across for REGULATIONS
MINIMUMS
REQUIRED YARDS
USE
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CC-C
SPECIAL REGULATIONS AND NOTES
I, The City may, using Process III, modify required yard, height, landscape and buffer and other site design and
dimensional requirements for a proposed development that meets the following criteria:
a. The proposed development will be consistent with the adopted comprehensive plan policies for this zone; and
b. The proposed development will be consistent with applicable design guidelines; and
c. The street, utilities, and other infrastructure in the area are adequate to support the proposed development.
2. Proposed parks must be consistent with the City's adopted comprehensive parks plan.
3. No maximum lot coverage is established. Instead, the buildable area will be detennined by other site
development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc.
4. For community design guidelines that apply to the project, see Article XIx.
5. For landscaping requirements that apply to the project, see Article XVII.
6. For sign requirements that apply to the project, see Article XVIII.
7. Refer to Sec. 22.946 et seq. to detennine what other provisions of this chapter may apply to the subject
property.
8. Other retail uses not specifically listed in this zone may be approved by the Director of Community
Development Services if the proposed use is detennined to be consistent with adopted comprehensive plan policies
for this zone.
9. Minor and supporting structures constructed as a functional requirement of public parks may exceed the
applicable height limitation. provided that the director of communi tv development services detennines that such
structures will not ~ignificantly impact adjacent properties.
Government Process II
facility, Possible
public parks, Process III
and public See note I.
transit shelter.
None I Government facilities: 175' I Detennined
on a case by
20' 10' 10' ¡See notes I case basis.
I &9.
Process I, IT, ill and IV are described in
§§ 22.386-22-4 II ,
22-431-22-460,
22-476-22-498 respectively.
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Detennined on a case
by case basis.
Public transit shelter:
0'
O'
0'
I
For other infonnation about parking and parking areas, see § 22.1376 et seq.
For details of what may exceed this height limit, see § 22.1046 et. seq.
For details regarding required yards, see § 22.1131 et seq.
~
(Ord. No. 90-43, § 2(SO.92), 2.27-90; Ord. No. 93-170. § 7(Exh. B), 4.20.93; Ord. No. 96-270, § S, 7.2-96; Ord. No. 97.291, § 3, 4-1.97)
See note 1.
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Sec. 22-815. Government facility.
The followiri.g uses shall be permitted in the city center frame (CC-F) zone subject to the regulations and notes set forth iri. this section:
USE
USE ZONE CHART
DIRECTIONS: FI~ST, read down to find use. . . THEN, across for REGULATIONS
MINIMUMS
REQUIRED YARDS
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Government Process II
facility, Possible
public parks, Process III
and public See note I.
transit shelter.
Process I, ll, ID, and IV are described in
§§ 22.386-22-4 II ,
22-431-22-460,
22-476-22-498 respectively.
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Government facilities: 135' above \Determined
average on a case by
20' 10' 10' ¡building case basis.
elevation.
ZONE
CC-F
SPECIAL REGULATIONS AND NOTES
I. The City may, using Process III, modify required yard, height, landscape and buffer and other site
design and dimensional requirements for a proposed development that meets the following criteria:
a. The proposed development will be consistent with the adopted comprehensive plan policies for this
zone; and
b. The proposed development will be consistent with applicable design guidelines; and
c. The street utilities and other infrastructure in the area are adequate to support the proposed
development.
2. Proposed parks must be consistent with the City's adopted comprehensive park plan.
3. If any portion of a structure on the subject property is within 100 feet of a residential zone, then that
portion of the structure shall not exceed 30 feet above average building elevation and the structure shall
be set back a minimum of20 feet from the property line of the residential zone.
4. No maximum lot coverage is established. Instead, the buildable area will be determined by other
site development requirements, Le., required buffers, parking lot landscaping, surface water facilities,
etc.
5. For community design guidelines that apply to the project, see Article XIX.
6. For landscaping requirements that apply to the project, see Article XVII.
7. For sign requirements that apply to the project, see Article XVIII.
8. Refer to Sec. 22-946 et seq. to determine what other provisions of this chapter may apply to the
subject property.
9. Minor and supporting structures constructed as a functional requirement of public parks may exceed
the applicable height limitation. provided that the director of communitY development services
determines that such structures will not significantlY impact adjacent properties.
L For other infOnTIation about parking and parking areas, see § 22.1376 et seq.
For details of what may exceed this height limit, see § 22-1046 et. seq.
For details regarding required yards, see § 22-1131 ct'seq.
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(Ord. No. 90-43, § 2(50.92), 2-27.90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 96-270, § 5, 7-2-96); Ord. No. 97.291, § 3. 4-1-97)
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Public parks:
Determined on a case
by case basis.
See notes
1,3.&9.
Public transit shelter:
0'
0'
0'
See notes I &3.
Sec. 22-833. Government facility.
The following uses shall be permitted in the office park (OP) zone subject to the regulations and notes set forth in this section:
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DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS
r/:J MINIMUMS
Z en en
en REQUIRED YARDS
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Government Process II None 25' 0' 0' 35' above Determined I. If approved through Process III, the height ora structure may exceed 35' above average building elevation to a
facility, Possible average on a case by maximum of 55', if all of the following criteria are met:
public parks, Process III See note or building case basis. a. The additional height is necessary to accommodate the particular use conducted in the building, and
and public See note I. 5. elevation. a. The subject property does not adjoin a residential zone; and
transit shelter. 25' 20' 20' b. Each required yard abutting the structure is increased l' for each I' the structure exceeds 35' above average
See notes building elevation; and
See notes 2, 3 & 7. I, 2...§f c. The increased height will not block views designated by the comprehensive plan; and
lQ. d. The increased height is consistent with goals & policies for the area of the subject property as established by the
comprehensive plan.
2. If any portion of a structure on the subject property is within 100 feet of a residential zone, then that portion of the
structure shall not exceed 30 feet above average building elevation and the structure shall be set back a minimum of
20 feet from the property line of the residential zone.
3. 20' side and rear yard setbacks required for structures such as offices, conference facilities, storage buildings, day
care facilities and cafeterias. No side
or rear yard setbacks required for structures such as transit, picnic or other shelters, sports courts, or open
amphitheaters, except as specified in note #2., above.
4. Proposed parks must be consistent with the City's adopted comprehensive park plan.
5. No maximum lot coverage is established. instead, the buildable area will be determined by other site development
requirements, I.e., required buffers, parking lot landscaping, surface water facilities, etc.
m 6. For community design guidelines that apply to the project, see Article XIX.
7. For landscaping requirements that apply to the project, see Article XVII.
>< 8. For sign requirements that apply to the project, see Article XVIII.
:c 9. Refer to Sec. 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property.
- 10. Minor and supportin2 structures constructed as a functional requirement of public parks may exceed the
OJ applicable hei2ht limitation, provided that the director of community development services determines that such
structures will not sÌlmificantlv imnact adjacent orooerties.
- L For other information about parking and parking areas, see § 22-1376 et seq.
-I Process i, II, III and IV are described in
§§ 22-386-22-411,
22-431-22-460, For details of what may exceed this height limit, see § 22-1046 et. seq.
t-;- '\ 22-476-22-498 respectively.
For details re2ardinl!: reauired vards see & 22-1131 et sea.
(Ord. No. 90-43, § 2(55.37). 2-27.90; Ord. No. 93.170, § 7(Exh. B), 4-20-93; Ord. No. 96-270. § 5, 7-2-96; Ord. No. 97.291, § 3, 4-1.97)
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Sec. 22-698. Government facility.
The following uses shall be pennitted in the professional office (PO) zone subject to the regulations and notes set forth in this section:
USE
Government
facility,
public parks
and public
transit.
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS
MINIMUMS
REQUIRED YARDS
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III See parks:
note 4.
0'
For government
facility:
~110'
See notes I & 6
Process 1, n. ill and IV are described in
§§ 22-386-22-411,
22-431-22-460,
22-476-22-498 respectively.
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PO
SPECIAL REGULATIONS AND NOTES
Determined \1. If any portion of a structure on the subject property is within 100 feet of a residential zone, then that
on a case by portion of the structure shall not exceed 30 feet above average building elevation and the structure shall
case basis. be set back a minimum of20 feet from the property line of the residential zone.
2. If determined necessary to mitigate visual or noise impacts to surrounding properties, the City may
require additional landscaping or buffers on a case by case basis.
3. Proposed parks must be consistent with the City's adopted comprehensive parks plan.
4. No maximum lot coverage is established. Instead, the buildable area will be determined by other site
development requirements, Le., required buffers, parking lot landscaping, surface water facilities, etc.
5. For community design guidelines that apply to the project, see Article XIX.
6. For landscaping requirements that apply to the project, see Article XVII.
7. For sign requirements that apply to the project, see Article XVIII.
8. Refer to Sec. 22-946 et seq. to determine what other provisions of this chapter may apply to the
subject property.
9. Minor and supporting structures constructed as a functional requirement of public parks may exceed
the applicable height limitation. provided that the director of communitY development services
determines that such structures will not significantly impact adjacent properties.
C For other information about parking and parking areas, see § 22-1376 et seq.
For details of what may exceed this height limit, see § 22-1046 et. seQ.
For details regarding required yards, see § 22.1131 et seq.
(Ord. No. 90-43, § 2(35.37), 2.27.90; Ord. No. 93.170, § 7(Exh. B), 4.20.93; Ord. No. 96.270, §5, 7.2.96; Ord. No. 97.291, § 3, 4.1.97)
\fJ
3S'above
average
building
elevation.
See notes 1
&9.
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Sec. 22-674. Schools.
The following uses shall be permitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS
MINIMUMS I MAXIMUMS
REQUIRED YARDS
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Process 17,200 ¡If this can
III sq. ft. accommodate 50 or
more attendees. then:
50'
50'
50'
Otherwise:
20'
20'
20'
Process I. ll. ill and IV are described in
§§ 22-386-22-411.
22-431-22-460,
22-476-22-498 respectively.
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on a case by
case basis.
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RM
SPECIAL REGULATIONS AND NOTES
-
1. This use may locate on the subject property only ifit will not be detrimental to the character of the neighborhood In
which it is located and:
a. It will serve the immediate area in which it is located; or
b. The subject property is adjacent to a collector or arterial right-of-way.
2. ¡fthe use will serve children. the subject property must contain an outdoor play area with at least 75 sq. ft. for each
child using the area at anyone time. This play area múst be completely enclosed by a solid fence or other screen at
least 6' in height. Play equipment and structured play areas may not be in required yards.
3. Hours of operation and maximum number of attendees may be limited by the city to reduce impact on nearby
residential uses.
4. The city may require an on-site passenger loading area, depending on the number and nature of attendees and the
extent and nature of existing street improvements.
5. Site design. including, the location of parking and passenger loading areas shall be designed to reduce impacts on
nearby residential uses.
6. If any portion of a structure on the subject property is within 100' of a zone density use. then either:
a. The height of that structure shall not exceed IS' above average building elevation; or
b. The facade of that portion of the structure parallel to the low density zone shall not exceed 50' In length.
7. May include accessory living facilities for one staff person.
8. This use must comply with the requirements of the state department of social and health services and/or the state
superintendent of public instruction.
9. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property.
10. Refer to Article XVII. Landscaping, for appropriate requirements.
II. For sign requirements that apply to the project, see Article XVIII.
12. For community design guidelines that apply to the project, see Article XIx.
13. Minor and supportine: structures constructed as a functional requirement of schools may exceed the applicable
heie:ht limitation. provided that the director of community development services determines that such structures will
not sie:nificantlv impact adjacent properties.
For other information about parking and parking areas. see § 22-1376 et seq.
For details of what may exceed this height limit, see § 22-1046 et seq.
For details regarding required yards. see § 22-1131 et seq.
(Ord. No. 90-43, § 2(25.45), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4.20-93; Ord. No. 97-291. § 3. 4-1-97; Ord. No. 99-333, § 3.1-19-99)
75% In RM 3.6
and 2.4
zones. 30'
above
average
building
elevation.
In RM 1.8
zones, if
adjoining a
low density
zone. 30'
above
average
building
elevation.
Otherwise.
35' above
average
building
elevation.
See note 13.
(:IDOCUMENnMiscelianeous Code AmendmentSIParb &. School HeightSIFED WAY UZ RM.doc/l.ast printed 03/2812001 09:S4 AM
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Sec. 22-680. Public parks.
The following uses shall be pennitted in the multifamily residential (RM) zone subject to the regulations and notes set forth in this section:
DIRECTIONS: FIRST, read down to find use. ., THEN, across for REGULATIONS
MINIMUMS I MAXIMUMS
REQUIRED YARDS
USE
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Public Parks ¡Process INone
III
Detennined on a case 175% IDetennined \Detennined
by case basis. on a case by on a case by
case basis. case basis.
See note 7.
Process I, ll, m and IV are described in
§§ 22-386-22-411,
22-431-22-460,
22-476-22-498 respectively.
USE ZONE CHART
ZONE
RM
SPECIAL REGULATIONS AND NOTES
I. This city will determine the specific structures and facilities and the nature and extent of improvements
within each park based on the following factors:
a. The size and location of the park.
b. The neighborhood in which it is located.
c. The recreational needs of the neighborhood in which it is located and the city or region as a whole.
d. The best interests of the public.
2. If any portion of a structure on the subject property is within 100' of a low density zone, then either:
a. The height of that structure shall not exceed IS' above average building elevation; or
b. The facade of that portion of the structure parallel to the low density zone shall not exceed 50' in
length.
3. Refer to § 22-946 et seq. to detennine what other provisions of this chapter may apply to the subject
property .
4. Refer to Article XVII, Landscaping, for appropriate requirements.
5. For sign requirements that apply to the project, see Article XVIll.
6. For community design guidelines that apply to the project, see Article XIX.
7. Minor and supportinlz structures constructed as a functional requirement of public parks may exceed the
applicable height limitation. provided that the director of communitY development services determines that
I such structures will not significantly impact adjacent properties.
L For other information about parking and parking areas, see § 22-1376 et seq.
For details of what may exceed this height limit, see § 22-1046 et seq.
For details regarding required yards, see § 22.1131 et seq.
(Ord. No. 90-43, § 2(25.70), 2.27-90; Ord. No. 93.170, § 7(Exh. B), 4.20.93; Ord. No. 97.291, § 3, 4.1-97; Ord. No. 99.333, § 3,1-19-99)
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Sec. 22-636. Golf course.
The following uses shall be permitted in the single family residential (RS) zone subject to the regulations and notes set forth in this section:
DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS
MINIMUMS I MAXIMUMS
REQUIRED YARDS
USE
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Golf course I Process 15 acres ISO'
IV
Process t. IT, m and IV described in
§§ 22.386-22-411.
22-431-22-460,
22-476-22-498 respectively.
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USE ZONE CHART
ZONE
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SPECIAL REGULATIONS AND NOTES
1. This use may be pennitted only if it will not unreasonably interfere with the nearby residential uses.
2. Site design must minimize adverse impacts on nearby residential areas.
3. May not include miniature golf.
4. The following accessory uses may be pennitted as part of this use:
a. Golfequipment storage facilities.
b. Retail sales and rental of golf equipment and accessories.
c. Clubhouse facilities.
5. If any portion of a structure on the subject property is within 100' ora low density use, then either:
a. The height of that structure shall not exceed 15' above average building elevation; or
b. The facade of that portion of the structure parallel to the low density use shall not exceed 50' in length.
6. Refer to § 22.946 et seq. to detennine what other provisions of this chapter may apply to the subject property.
7. Refer to Article XVII, Landscaping, for appropriate requirements.
8. For sign requirements that apply to the project, see Article XVIII.
9. For community design guidelines that apply to the project, see Article XIx.
10. Minor and supportinR structures constructed as a functional reQuirement of Rolf courses may exceed the applicable
hei2ht limitation. provided that the director of communitY development services detennines that such structures will not
significantly impact adjacent properties.
For other inronnation about parking and parking areas, see § 22.\376 et seq.
For details or what may exceed this height limit. see § 22.1046 et seq.
For details regarding required yards, see § 22.\\3\ et seq.
(Ord. No. 90-43, § 2(20.30), 2.27.90; Ord. No. 93-170, § 7(Exh. B), 4.20.93; Ord. No. 97.291, § 3. 4.\-97; Ord. No. 99.333, § 3, \-\9.99)
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50'
50'
75% 130' above
average
building
elevation.
See note
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I:\DOCUMEN1\MiscelianeouI Code AmendmenlSIParks &. School HeighlSlFED WAY UZ RS.doclLast printed 03/28/200 I 10:24 AM
Sec. 22-639. Schools.
The following uses shall be pennitted in the single family residential (RS) zone subject to the regulations and notes set forth in this section:
)
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS
C/'J MINIMUMS MAXIMUMS
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Schools Process As If this can 75% 30' above 1. Minimum lot size per dwelling unit is as follows:
III established accommodate 50 or average a. In RS 35.0 zones, the minimum lot size is 35,000 sq. ft.
on the more attendees, then: building b. In RS 15.0 zones, the minimum lot size is 15,000 sq. ft.
zoning elevation. c. In RS 9.6 zones, the minimum lot size is 9,600 sq. ft.
map. See SO' SO' SO' See note d. In RS 7.2 zones, the minimum lot size is 7,200 sq. ft.
Note I. 14. e. In RS 5.0 zones, the minimum lot size is 5,000 sq. ft.
Otherwise: 2. This use may locate on the subject property only ifit will not be detrimental to the character of the neighborhood in which it is
located and:
20' 20' 20' a. It will serve the immediate area in which it is located; or
b. The subject property is adjacent to a collector or arterial right-of-way.
3. lethe use will serve children, the subject property must contain an outdoor play area with at least 75 sq. ft. for each child using
the area at anyone time. This play area must be completely enclosed by a solid fence or other screen at least 6' in height. Play
equipment and structured play areas may not be in required yards.
4. Hours of operation and maximum number of attendees may be limited by the city to reduce impacts on nearby residential uses.
5. The city may require an on-site passenger loading area, depending on the number and nature of attendees and the extent and
nature of existing street improvements.
6. Site design, including, the location of parking and passenger loading areas shall be designed to reduce impacts on nearby
residential uses.
7. If any portion of a structure on the subject property is within 100' of a low density use, then either:
a. The height of that structure shall not exceed IS' above average building elevation; or
b. The facade of that portion of the structure parallel to the low density use shall not exceed 50' in length.
8. May include accessory living facilities for one staff person.
9. This use must comply with the requirements of the state department of social and health services and/or the state superintendent
of public instruction.
I 10. Refer to § 22-946 et seq. to detennine what other provisions of this chapter may apply to the subject property.
I II. Refer to Article XVll, Landscaping, for appropriate requirements.
I 12. For sign requirements that apply to the project, see Article XVIll.
I 13. For community design guidelines that apply to the project, see Article XIX.
I 14. Minor and supporting structures constructed as a functional requirement of schools may exceed. the applicable heÍltht
limitation, provided that the director of communitY development services detennines that such structures will not significantly
impact adjacent properties.
I~ I L For other infonnation about parking and parking areas, see § 22-1376 et seq.
Process 1, ll, ill and IV described in
§§ 22.386-22-411,
22-431-22-460, For details of what may exceed this height limit, see § 22-1046 et seq.
22-476-22-498 respectively.
For details regarding required yards, see § 22-1131 et seq.
(Ord. No. 90-43, § 2(20.42),2-27-90: Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-333, § 3,1-19-99)
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Sec. 22-646. Public parks.
The following uses shall be permitted in the single family residential (RS) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS
MINIMUMS I MAXIMUMS
REQUIRED YARDS
USE
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Public parks ¡Process INone ¡Will be determined on175%
III a case by case basis.
Process I, ll, m and IV are described in
§§ 22-386-22-411,
22-431-22-460,
22-476-22-498 respectively.
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SPECIAL REGULATIONS AND NOTES
Will be
determined
on a case by
case basis.
See note 6.
1. This city will determine the specific structures and facilities and the nature and extent of improvements
within each park based on the following factors:
a. The size and location of the park.
b. The neighborhood in which it is located.
c. The recreational needs of the neighborhood in which it is located and the city or region as a whole.
d. The best interests of the public.
2. If any portion of a structure on the subject property is within 100' of a low density use, then either:
a. The height of that structure shall not exceed IS' above average building elevation; or
b. The facade of that portion of the structure parallel to the low density use shall not exceed 50' in length.
3. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject
property .
4. For sign requirements that apply to the project, see Article XVIII.
5. For community design guidelines that apply to the project, see Article XIX.
6. Minor and supportinl!; structures constructed as a functional requirement of public parks may exceed the
applicable heil!;ht limitation, provided that the director of community development services determines that
,such structures will not sil!;nificantly impact adjacent properties.
L For other ¡nfoonation about parking and parking areas, see § 22-1376 et seq.
For details of what may exceed this height limit, see § 22-1046 et seq.
For details regarding required yards. see § 22.1131 et seq.
(Ord. No. 90-43, § 2(20.70), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4.20-93; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-333, § 3,1-19-99)
1:\DOCUMENTlMiscelianeous Code AmendmentJIParks k School HeishtJIFED WAY UZ RS 2.dO<:lLast printed 03/28/2001 10:28 AM
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Sec. 22-602. Golf course.
The following uses shall be pennitted in the suburban estate (SE) zone subject to the regulations and notes set forth in this section:
DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS
MINIMUMS I MAXIMUMS
REQUIRED YARDS
USE
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Golfcourse IProcess 15 acres 150'
IV
50'
50'
Process I, ll, m and IV are described in
22.386C22-4I1,
22-43IC22-460,
22-476C22-498 respectively.
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USE ZONE CHART
ZONE
SE
SPECIAL REGULA nONS AND NOTES
I. This use may be permitted only if it will not unreasonably interfere with the nearby residential uses.
2. Site design must minimize adverse impacts on nearby residential areas.
3. May not include miniature golf.
4. The following accessory uses may be permitted as part ofthis use:
a. Golf equipment storage facilities.
b. Retail sales and rental of golf equipment and accessories.
c. Clubhouse facilities.
5. If any portion of a structure on the subject property is within 100' of a low density use, then either:
a. The height of that structure shall not exceed IS' above average building elevation; or
b. The facade of that portion of the structure parallel to the low density use shall not exceed 50' in length.
6. Refer to § 22-946 et seq. to determine what other provisions of this chapter may apply to the subject
property.
7. Refer to Article XVII, Landscaping, for appropriate requirements.
8. For sign requirements that apply to the project, see Article XVIII.
9. For community design guidelines that apply to the project, see Article XIX.
10. Minor and supporting structures constructed as a functional reQuirement 11:0lfcourses may exceed the
applicable height limitation. provided that the director of communitY development services determines that
,such structures will not significantlY impact adjacent properties.
L For other infonnation about parking and parking areas, see § 22.1376 et seq.
For details of what may exceed this height limit, see § 22.1046 et seq.
For details regarding required yards, see § 22.1131 et seq.
(Ord. No. 90-43, § 2(15.40), 2.27.90; Ord. No. 93.170, § 7(Exh. B), 4-20.93; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99.333, § 3, 1-19-99)
75% 135' above
average
building
elevation.
See note
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I:\DOl-uMEN1\Miscelianeous Code AmendmentsIParks & School HeightsIFED WAY UZ SE 2.doc/l...,t printed 0312812001 10:3..
Sec. 22-605. Schools.
The following uses shall be permitted in the suburban estate (SE) zone subject to the regulations and notes set forth in this section:
USE
Schools
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DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULA nONS
MINIMUMS I MAXIMUMS
REQUIRED YARDS
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§§ 22-386-22-411,
;;~;t;;~~~' t' I I I For details of what may exceed this height limit. see § 22-1046 et seq.
I. respec Ive y. For details regarding required yards, see § 22.1131 et seq.
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(Ord. No. 90-43, § 2(15.52), 2.27-90; Ord. No. 93.170, § 7(Exh. B), 4-20-93; Ord. No. 97-291, § 3,4-1.97; Ord. No. 99-333. § 3,1-19-99)
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Process Is acres Ifthiscan
III accommodate SO or
more attendees, then:
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1. This use may locate on the subject property only i(it will not be detrimental to the character ofthe neighborhood in
which it is located and:
a. It will serve the immediate area in which it is located; or
b. The subject property is adjacent to a collector or arterial right-of-way.
2. If the use will serve children, the subject property must contain an outdoor play area with at least 75 sq. ft. for each
child using the area at anyone time. This play area must be completely enclosed by a solid fence or other screen at least
6' in height. Play equipment and structured play areas may not be in required yards.
3. Hours of operation and maximum number of attendees may be limited by the city to reduce impacts on nearby
residential uses.
4. The city may require an on-site passenger loading area, depending on the number and nature of attendees and the
extent and nature of existing street improvements.
S. Site design, including, the location of parking and passenger loading areas shall be designed to reduce impacts on
nearby residential uses.
6. If any portion ofa structure on the subject property is within 100' ofa low density use, then either:
a. The height of that structure shall not exceed IS' above average building elevation; or
b. The facade of that portion of the structure parallel to the low density use shall not exceed SO' in length.
7. May include accessory living facilities for one staff person.
8. This use must comply with the requirements of the state department of social and health services and/or the state
superintendent of public instruction.
9. Refer to § 22-946 et seq. to detennine what other provisions of the chapter may apply to the subject property.
10. Refer to Article XVII, Landscaping, for appropriate requirements.
11. For sign requirements that apply to the project, see Article XVIII.
12. For community design guidelines that apply to the project, see Article XIX.
13. Minor and supporting structures constructed as a functional requirement of schools may exceed the applicable heiRht
limitation. provided that the director of communitY development services detennines that such structures will not
. significantly impact adjacent properties.
L For other infonnation about parking and parking areas, see § 22-1376 et seq.
SO'
Otherwise:
20'
20'
75% 130' above Detennined
average on a case by
building case basis.
elevation.
See note
11.:
1:\DOCUMEN1\Miscelianeous Code AmendmentsIParkl 8t. School HeightsIFED WAY UZ SE 2.doclLut printed 03/28/200 I 10:34 AM
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Sec. 22-611. Public parks.
The following uses shall be permitted in the suburban estate (8E) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS
r/) MINIMUMS MAXIMUMS
Z en REQUIRED YARDS ¡fj
0 en ZONE
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USE Ç,,:) ;:Jt.L en ~ ~ß g~
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Public parks Process None Detennined on a case 75% Detennined Detennined 1. This city will detennine the specific structures and facilities and the nature and extent of improvements
III by case basis. on a case by on a case by within each park based on the following factors:
case basis. case basis. a. The size and location of the park.
See note 6. b. The neighborhood in which it is located.
c. The recreational needs of the neighborhood in which it is located and the city or region as a whole.
d. The best interests of the public.
2. If any portion of a structure on the subject property is within 100' of a low density use, then either:
a. The height ofthat structure shall not exceed IS' above average building elevation; or
b. The facade ofthat portion of the structure parallel to the low density use shall not exceed SO' in length.
3. Refer to § 22-946 et seq. to detennine what other provisions of this chapter may apply to the subject
property.
4. For sign requirements that apply to the project, see Article XVIII.
5. For community design guidelines that apply to the project, see Article XIX.
6. Minor and supportin~ structures constructed as a functional reQuirement of public parks may exceed the
applicable hei~ht limitation. provided that the director of communitY development services detennines that
such structures will not si~nificantly impact adjacent properties.
Process I. n, ill and IV are described in L For other infonnation about parking and parking areas, see § 22-1376 et seq.
§§ 22-386-22-411,
22-431-22-460, For details of what may exceed this height limit, see § 22-1046 et seq.
22-476-22-498 respectively. For details regarding required yards, see § 22-1131 et seq.
(Ord. No. 90-43, § 2(15.75), 2-27-90; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-333, § 3,1-19-99)
1:\DOCUMENTlMiscenaneous Code AmendmentsIParlc.s & School HeightsIFED WAY UZ SE.dodLast printed 03/28/2001 10:39 AM
FWCC ARTICLE XVII. LANDSCAPING
Sec. 22-1561. Purpose.
The purpose of this article is to:
(l) Provide minimum standards for landscaping in order to maintain and protect property values and to
enhance the general appearances 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 ofregulation that reflects the purposes of this chapter.
(7) Provide for design flexibility.
(8) Retain significant trees, 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.
22-1569 No Change.
Sec. 22-1570. Modification options.
(a) Purpose. The purpose of this section is to provide an opportunity for development of exceptional
or unique landscape designs which do not meet the express terms of sections 22-1564 through 22-1567,
and/or flexibility of landscape designs. The director of community development shall have the authority,
consistent with the criteria stated herein, to modify or reduce specific requirements or impose additional
requirements in unique or special circumstances to assure the fulfillment of the stated purpose of this
chapter, and to allow for flexibility and creative design. Special circumstances or unique conditions shall
be reviewed with the director of community development concurrent to submittal the review of a
landscape plan. Examples of special conditions might include:
(I) Preservation of unique wildlife habitat;
(2) Preservation of natural or native areas;
(3) Compliance with special easements;
(4) Renovation of existing landscaping;
(5) Unique site uses.
The alternative landscape modifications described in sections (c) through (f) shall be allowed only if the
proposed modification meets the threshold criteria of subsection (b) below, in addition to the special
criteria of sections (c) through (t). In the case of public parks, schools, and public recreational facilities,
these uses must meet (1-4) only.
Sec. 22-1570 (c) ::::> (h) No change.
Sees. 22-1571 =:> 22-1595. Reserved. No change.
EXHIBIT 9
PAGE I? OF 11'
I\DOCUMEmìMiscellaneous Code AmendmentsIParks &. School Heights\FED WA Y e,h B.doclLasl printed 04/101200101 :38 PM
§ 22-1569
FEDERAL WAY CITY CODE
mowing; trimming; edging; cultivation; re-
seeding; plant replacement; appropriate fer-
tilization; spraying; control of pests, insects,
and rodents by nontoxic methods whenever
possible; watering; or other operations nec-
essary to assure normal plant growth. In
particular, maintenance shall promote land-
scape performance criteria of this chapter.
(2) Irrigation maintenance: All portions of any
irrigation system shall be continuously
maintained in a condition such that the in-
tent of an irrigation design is fulfilled. Un-
controlled emission of water from any pipe,
valve, head, emitter, or other irrigation de-
vice shall be considered evidence of non-
maintenance.
(3) [Other maintenance.] Maintenance of all
landscaped areas shall also include opera-
tions as needed of painting, repairing, re-
construction, and rehabilitation of land-
scape structures such as walls, fences,
overheads, trellises, and the removal of
trash.
(4) Failure to comply with landscape mainte-
nance standards shall constitute a zoning
violation under Federal Way Zoning Code,
Section 22-11 of the Federal Way City Code.
(Ord. No. 93-170, § 4, 4-20-93)
Sec. 22-1570. Modification options.
(a) Purpose. The purpose of this section is to
provide an opportunity for development of excep-
tional or unique landscape designs which do not
meet the express terms of sections 22-1564 through
22-1567, and/or flexibility of landscape designs.
The director of community development shall have
the authority, consistent with the criteria stated
herein, to modify specific requirements or impose
additional requirements in unique or special cir-
cumstances to assure the fulfillment of the stated
purpose of this chapter and to allow for flexibility
and creative design. Special circumstances or
unique conditions shall be reviewed with the di-
rector of community development concurrent to
submittal the review of a landscape plan. Exam-
ples of special conditions might include:
(1) Preservation of unique wildlife habitat;
Supp. No.2
(2) Preservation of natural or native areas;
(3) Compliance with special easements;
(4) Renovation of existing landscaping;
(5) Unique site uses.
The alternative landscape modifications described
in sections (c) through (f) shall be allowed only if
the proposed modification meets the threshold cri-
teria of subsection (b) below, in addition to the
special criteria of sections (c) through (f).
(b) Modifications to the landscape standards
may be granted by the director of community de-
velopment if:
(1) The proposed modification represents a su-
perior result than that which could be
achieved by strictly following the require-
ments of this chapter; and
(2) The proposed modification complies with
the stated purpose of this chapter and any
applicable subsections of this chapter; and
(3) If the proposed modification will not vio-
late any City of Federal Way Municipal
Codes or ordinances. In particular, a mod-
ification shall not be a substitute for any
zoning variance; and
(4) Where applicable, the proposed modifica-
tion would result in an increased retention
of significant trees and/or naturally occur-
ring vegetation on the site.
(5) The proposed modification also satisfies the
criteria listed in section (b), or section (c), or
section (d), or section (e), or section (f).
(c) The width of the perimeter landscaping may
be reduced up to 25 percent when:
(1) A development retains an additional ten
percent of significant trees or ten signifi-
cant trees per acre on-site, whichever is
greater.
(2) The proposed landscaped area incorporates
a combination of plant materials, berms a
minimum of three feet in height, and ar-
chitectural elements of appropriate height
and scale sufficient to act as an efficient
substitute for the three-foot berm.
1628.6
EXHIBIT Ð
P^f'..J: jp nc 1Cï'
trees, to provide the best protection for sig-
nificant trees:
a.
No clearing shall be allowed on a pro-
posed development site until the tree
retention and landscape plans have
been approved by the City of Federal
Way;
A no disturbance area, which shall be
defined to be to the drip line of the sig-
nificant tree, shall be identified during
the construction stage with either:
i. A temporary five-foot chain link
fence.
ii. A line of five-foot high, orange-
colored two-by-four inch stakes
placed no more than ten feet apart
connected by highly visible survey-
or's ribbon.
No impervious surfaces, fill, excava-
tion, or storage of construction mate-
rials shall be permitted within the no
disturbance area;
If the grade level around the tree is to
be raised by more than one foot, a rock
well shall be constructed. The inside
diameter of the rock well shall be equal
to the diameter of the tree trunk plus
ten feet. Proper drainage, and irriga.
tion if necessary, shall be provided in
all rock wells;
The grade level shall not be lowered
within the larger of the two areas de-
fined as follows:
b.
c.
d.
e.
The drip line of the tree(s); or
An area around the tree equal to
one foot in diameter of each inch of
tree trunk diameter measured four
feet above the ground.
f. Alternative protection methods may be
used if accepted by the director of com-
munity development department to pro-
vide equal or greater tree protection.
g. Encroachment into the no disturbance
area may be allowed where the director
determines encroachment would not be
detrimental to the health of the tree.
(Ord. No. 93-170, § 4, 4-20-93)
i.
ii.
Supp. No.2
WNING
§ 22-1569
Sec. 22-1569. Performance and maintenance
standards.
(a) Performance.
(1) All required landscaping shall be installed
prior to the issuance of a certificate of oc-
cupancy (CO) or final inspection.
(2) When landscaping is required pursuant to
this chapter, an inspection shall be per-
formed to verify that the installation has
been installed pursuant to the standards of
this chapter.
(3) Upon completion of the landscaping work,
the community development department
shall inspect the landscape upon request
for compliance with the approved landscape
plan.
(4) A CO or fmal inspection may be issued prior
to completion of required landscaping pro-
vided the following criteria are met:
a. An applicant or property owner files a
written request with the department
of community development prior to five
days of a CO inspection;
b. The request contains an explanation as
to why factors beyond the applicant's
control, or which would create a signif.
icant hardship, prevent the installa-
tion of the required landscaping prior
to issuance of the CO;
c. The property owner has demonstrated
a good faith effort to complete all re-
quired landscaping.
(5) 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.
(6) Failure to complete landscape installation
by an established 90-day extension date
shall constitute a zoning violation.
(b) Maintenance. The purpose of this section is
to establish minimum maintenance standards for
landscaping.
(1) Plant maintenance: Maintenance of planted
areas shall include continuous operations
of removal of weeds before Oowering;
1628.5
EXHIBIT 23
PAGE 11 OF /1
STAFF REPORT TO THE PLANNING CO MMISSI 0 N
Public Park and Recreation Facilities, Schools, Golf
Courses, and Golf Driving Ranges Heights and Landscaping
Federal Way City Code (FWCC) Amendments
Planning Commission Meeting of April 4, 2001
I.
BACKGROUND
As part of its regular review of development regulations and based on direction
received from the Land Use & Transportation Committee (LUTC),l Staff has
proposed code amendments to provide for an increase in the maximum height
requirements for sports field lighting, flag poles, and other structures such as back
stops associated with schools, public parks, golf courses, and golf driving ranges,
and to provide for flexibility regarding landscaping requirements specifically for
public parks and schools.
Text sections of Chapter 22, "Zoning, of the Federal Way City Code (FWCC)
regarding review processes is proposed to be amended based on: I) existing code
interpretations by the Director of Community Development; and 2) the need to
improve upon the current limitations regarding specific height and landscaping
requirements for schools, public parks and recreational facilities, golf courses, and
golf driving ranges. This is necessary in order to logically provide for the
improvement and addition of structures greater in height than currently allowed by
the FWCC that are necessary and integral to the subject use, as well as greater
latitude in landscaping requirements due to the unique nature and functional
requirements of public parks and schools.
Currently, structures cannot exceed the current height limit in certain zones, and
landscaping requirements for parks and schools do not reflect the unique nature and
requirements generally associated with landscaping in parks and schools. At present,
a variance process is required to allow for height increases. Staff believes that there
should be amendments to the zoning code.
Many functional structures in public facilities, such as lighting, bleachers, backstops,
etc., exceed the height limit. Currently, a variance must be applied for each time a
structure exceeding the height limit is required. This is an unnecessary process for
placing a structure that is already an allowed use at these types of facilities.
I The Land Use and Transportation Committee (LUTe) is a committee of the City Council charged with
the review and approval for fOlwarding to the City Council the various amendments.
EXHIBIT c
PAGE .,-OF L/
The identified uses, public parks and recreational facilities, schools, and golf driving
ranges, are allowed in all zones with the exception of the Corporate Park zone (CP).
Attached is a draft ordinance that identifies the proposed text amendments to the
Zoning Chapter of the FWCC. The draft ordinance has been prepared in "line-
in/line-out" format, with strikeouts (proposed deletions) and underline (proposed
additions) indicated.
II. REASON FOR PLANNING COMMISSION ACTION
FWCC Chapter 22, "Zoning," Article IX, Process VI Review, 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 zoning code text regarding any proposed
amendments;
.
To determine whether the proposed zoning code text amendment
meets the criteria provided by FWCC Section 22-528; and,
.
To forward a recommendation to City Council regarding adoption of
the proposed zoning code text amendment.
III. PROCEDURAL SUMMARY
The 2000 Planning Commission Work Program was presented to the LUTC on
January 10, February 24, and Aprill7, 2000. At the LUTC's Aprill7, 2000, meeting
the LUTC made a motion to recommend approval to the City Council of the work
program, which included heights and landscaping amendmenis under "Miscellaneous
Code Amendments". The work program was approved by the City Council at their
May 2, 2000, meeting.
The proposed text amendments to the zoning chapter of the FWCC involve
exclusively land use procedures and do not contain substantive standards respecting
use or modification of the environment. Therefore, the proposed text amendments
are categorically exempt from the provisions of the State Environmental Policy Act
(SEPA), pursuant to FWCC Section 18-71.
A Notice of Public Hearing, the Planning Commission Staff Report, and the Draft
FWCC text amendments regarding development review processes were published,
posted, and distributed consistent with code requirements.
Public Parle and Recreation Facilities, Schools, Golf Courses, and Golf Driving Ranges Heights and Landscaping FWCC Amendments
Planning Commission Staff Report Page 2 of 4
EXHIBIT
c.
--
I ,
IV. DECISIONAL CRITERIA
FWCC Section 22-528 provides criteria for zoning text amendments. The following
section analyzes the compliance of the proposed zoning text amendments regarding
landscaping and heights with the criteria provided by FWCC Section 22-528.
The City may amend the text of the FWCC only if it finds that:
1.
The proposed amendment is consistent with tlte applicable provisions of tlte
Comprehensive plan;
The proposed amendment regarding heights and landscaping are consistent
with, and substantially implement, the following Federal Way Comprehensive
Plan (FWCP) goals and policies:
LUG 1 Improve the appearance and function of the built
environment.
LUP 4 Maximize efficiency of the development review process.
2.
The proposed amendment bears a substantial relationship to public health,
safety, or welfare; and
The proposed FWCC text amendments will provide greater flexibility in placing
minor and/or supporting structures above the current height limit, by eliminating
the requirement to go through a costly and time-consuming variance procedure.
Landscaping flexibility will promote retaining the natural environment, as well
as that environment generally found in parks and schools to a greater degree.
The adherence to Crime Prevention Through Environmental Design Standards
(CPTED) will promote public safety through coordination of flexible
landscaping with crime prevention standards.
Additionally, the proposed FWCC text amendments will result in improved
review processes, which have a direct relationship to the public health, safety,
and welfare.
3.
The proposed amendment is in the best interest of tire residents of the city.
The proposed FWCC text amendment will improve review processes, resulting
in increased efficiency and effectiveness of city resources.
Public Parle and Recreation Facilities, Schools, Golf Courses, and GolfDñving Ranges Heights and Landscaping FWCC Amendments
Planning Commission Staff Report Page 3 of 4
EXHIBIT c
~ -... r> ~.... ( I
V. PLANNING COMMISSION AcrlON
Consistent with the provisions of FWCC Section 22-539, the Planning Commission
may take the following actions regarding the proposed zoning code text amendments:
1.
Recommend to City Council for adoption of the FWCC text amendments
as proposed;
2.
Modify the proposed FWCC text amendments and recommend to City
Council for adoption of the FWCC text amendments as modified;
3.
Recommend to City Council that the proposed FWCC text amendments not
be adopted; or,
4.
Forward the proposed FWCC text amendments to City Council without a
recommendation.
VI. STAFF RECOMMENDATION
The following motion is suggested:
Move to recommend to the City Council for adoption of the proposed
FWCC text amendments regarding public facilities heights and landscaping
requirements. (If changes occur as a result of Planning Commission
deliberations, add, "...~ amended by the Planning Commission.")
VII. EXHIBITS
Exhibit A - Use Zone Charts Amendments
Exhibit B - Article XVII, Landscaping Amendments
1:\DOCUMEN1\Miscd1aneous Code AmcndmcncsIParb &: SchooIlkights\FED WAY plcs&hcs STAFf RPT.doc/Last printed 0312&12001 09:06 AM
Public Parle and Recreation Facilities, Schools. GolfCoucses, and Golf Driving Ranges Heights and Landscaping FWCC Amendments
Planning Commission Staff Report Page 4 of 4
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