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Council PKT 05-15-2001 Special/Regular . . ",. ":- AGENDA , , ", FEDERAL WAY CITY COUNCIL Council Chambers - City Hall May 15,2001 (www.ci.federal-way.WOo".r) ***** ~' I. ~IAL MEETING - 5:30 p.m. CALL MEETING TO ORDER ll. P ARKSIRECREATION COMMISSION INTERVIEWS : ,,> III. ADJOUR.NMEbTT. i; :'/, ',' ", , ""c"" ",..".. ""'," .",', c." , ,,;:\'; ,;~>v:,:{, , ,,',":':2i.,:;"\\:';",! " '; J,ŒGULAR¡\1EETING - 7:00 p.m. '.';' CALL MEÈnNG'TO'ORDER"; < .;. i, , , PLEDGEÖF'ÄLLEGIANCE'" .' , "':\~'/:','.:,,:i-;""~',,"("" 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. . . " ' ,; " ,:"",'""" . .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. ' , "" 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 '0'5-0 (-0 I ~ 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: ø~ ~ Committee Member /j ./' . ..?, .-.: 7/. . ,.' '//' ,/ .I "1,' ¿/ -- /,' i .. /. '/};<I' I, '. /"-I-¿~, , / , l., '- /}:~ lJé¿~mittee MeIJ1J(ér (I ( DRAFT ~7ItJ( 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 ( c 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 G»< 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 .... E-< -< ,..;¡ ~ C-' ~ en en ¡.¡.¡ ~ ~~ ;:¡¡.¡.¡ ~~ 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. t;) ~ Vi b ...1 ¡ ~ ~ Vi ~ ~~ :2~ ~en en ¡.¡.¡ U <: ¡:>., ¡:¡en !~ ~¡:>., 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~ ~~ -¡,¡.¡ ;:J- 0'> ~~ ~ CIJ § :ê u '" ~ ¡,¡.¡ 0 ëi5 ~ts.~ ~~~ gg~ ~~CIJ CIJ ¡,¡.¡ u -< ¡:,. 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. -- '--" .. .. .., ~m G)( m:c I~~ .-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 -< og: ¡ OCl1 ~ ~::= J"IJ °ËJ ~o USE ;:J -J"IJ t:J ~ ~ !ë;:¡ §~ Co:) 5> CI1 ~ ~ ~~ b ~ e 9¡: SPECIAL REGULATIONS AND NOTES ..J ~ CI1 ~CI1 ~~ 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 om :::->< ;'):r.: -n - OJ ~::¡ , ~ .." --- --D 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 rf:¡ Z 0 .... E-< -( ...:¡ ;:J íJ ~ <I:) <I:) IJJ g OC:<: ~¡:,. -~ ;:;)- 0'> ~~ IJJ t:: <I:) f-o 0 ...J -.. .::: u '" ~ IJJ 0 ëi5 ~~ ~b Q~ ~<I:) ~ c:<: ~ ~ ¡ß u ~ 0<1:) ~c g~ ~~ ZONE 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. c::Ð (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. I: ŒNnM¡,celianeou, Code Amendments\Parks & School HeightsIFED WAY UZ BP.docILa't printed 03/28/2001 09:- See notes 2 & 9. 'm 1>< ::c - ,m ~\ ;:¡ ) .1 .... -Ð 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 rJ:¡ Z 0 ..... ¡... <: ~ ~ í..? ~ eI) eI) ¡,¡;¡ g Q~ ~~ -¡,¡;¡ ::J- 0'> ~~ ¡,¡;¡ ~ eI) b ..J -. .c u '" ~ ¡,¡;¡ 0 ;;; ~ ~ ~~ !;:::J Q~ ~¡;; eI) ¡,¡;¡ U ~ ¡:o. Oel) U ~¡:o. ZONE 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. ~ ~ "'" Public parks: 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. t:\DOCUMENi\Miscelianeous Code AmendmentsIParlcs 8< School Heights\FED WAY UZ CC-C.doclLlSt printed 03/28/2001 09:34 AM "Om »< -;):c :11 - tD Õ':¡ , to -n I t=:D I 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 C/'.J Z 0 ~ -< ~ ;:¡ Co:) ~ '" '" ¡¡¡ ~ Og: ~~ -¡¡¡ ¡s,s: ~~ None 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. ¡¡¡ t;:¡ '" § """' ..c:: g ~ ¡¡¡ 0 ëi5 ~~ !;:t3 9~ ~'" '" ¡¡¡ U < ~ 0'" ~" ~~ ~~ 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. w (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) g ¡:.:: ¡.¡. ~ 1:\ ŒN1\Miscellan<ous Code AmendmentsIPark.! &. School HeightsIFED WAY UZ CC-F,doclLast printed 0312812001 0 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: 0 > ;) n USE ZONE CHART DIRECTIONS: FIRST, read down to find use. . . THEN, across for REGULATIONS r/:J MINIMUMS Z en en en REQUIRED YARDS 0 ¡.¡¡ ¡.¡¡ ZONE - g U ¡... ~~ ~ OP -< o¡::.:: :2' oen ,..;¡ ~ø.. ¡.¡¡ o~ ~" USE ;:¡ -~ ¡::;¡ :;! ~ ::J!:!:! en ~ ~ ~ 5::J g~ O';> !- ¡.¡¡ Q¡: ~ ~~ 0 E:: 8 SPECIAL REGULATIONS AND NOTES ~ ....¡ en ~en ~ø.. 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) -J :> T1 "" -Jj !:\DOCUMEN1\MiscelJaneous Code AmendmentsIParIcJ &. School HeightslFED WAY UZ OP.doclLast printed 0312812001 09:43 AM ~~ C):c m - I QQ S!! ~ 0 11 ~ -.[) 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 rJ:J Z 0 .... Eo-< j ~ t-' ~ CI) CI) ¡.¡¡ ~ Oø., ~¡:t 5¡.¡¡ as: ~~ ~ rt ::a- u ., ~ ¡.¡¡ 0 V) ¡.¡¡ ¡::;¡ CI) b ..J Process INone For transit and public 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. ~ ~~ !i:~ g~ ~CI) CI) ¡.¡¡ U <: ø., OCl) ~t:) §~ ~ø., ZONE 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. I:ID ,N1ìMilcel1aneoul Code AmendmentsIParkl &. School HeightsIFED WAY UZ PO.docILast printed 03128/200109:4'. 1m J>< ::t: - m ~;:¡ ) 1 !) 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 Ci'J Z 0 - ¡... < ~ ;;J USE I í-' ~ Schools ~ ~ ~ Oø., ~~ Sf:!:1 0':> ~~ ~ IX .... :ê' u '" ~ w 0 ëi5 w t::j ~ b ...¡ 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. Q) ~ w " ~ ~ u b ...¡ ~~ ~~ ~~ ~ w u :; O~ ~" ~~ ~ø., Determined on a case by case basis. 1 ZONE 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 ~m ~>< ~:c - ,OJ ';J. - ~ :> "'11 ,""- \~ 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 C/1 Z 0 .... ¡.. 0( ;5 e" ~ ~ ~ CI) CI) ¡¡¡ g o~ ~~ -¡¡¡ §;; ~~ ¡¡¡ C ;:;¡ ~ u b ..J ~~ ]~ ~~ :;: t.> ., ~ ¡¡¡ 0 ¡¡) ¡¡¡ ¡::;¡ CI) b ..J ~ æ CI) ¡¡¡ U <: =- OCl) ~c §~ ~=- 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) QJ l:1f ~N1\Miscellaneous Code AmendmenuIParks &. School HeighuIFED WAY UZ RM 2,doclLast printed 03/281200 1 10 m >< :I: - m - ~ \£) 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 rJ'J Z 0 ~ < ~ ;:J ¡;,:, ~ CI) t3 g CI¡:<: ~ø.. -~ ;:J¡¡¡ 0'> ~~ 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. ¡¡¡ N ëij b ..J ,-. ..<:: g ~ ¡¡¡ CI ëij ~ ~ ¡¡¡ " ~ ~ 0 u b ..J ~~ g~ ~CI) CIJ ¡¡¡ U ~ ClCI) ~" ~~ Detennined on a case by case basis. USE ZONE CHART ZONE RS 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) ~ ff: 50' 50' 75% 130' above average building elevation. See note 10. 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 Z C/) REQUIRED YARDS C/) 0 C/) ¡.¡¡ ¡.¡¡ ZONE ¡.¡¡ c ~ - ~ E-o i ~~ ø. RS j oíê :2' oC/) ~~ ¡.¡¡ g ~c ;::¡ t::J ~ ~ §~ íJ -¡.¡¡ C/) ~ U ~~ USE Õ> b ¡.¡¡ b ~ ~~ .e: e SPECIAL REGULATIONS AND NOTES ~ ,..¡ C/) ,..¡ ~C/) ~ø. 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) " ) n ~ n -..t') t.ITVV'" TM1'NTlMi«ell.neous Code AmendmentsIParks & School Hei~hts\FED WAY UZ RS.doolLut printed 03/28/2001 10:24 AM :gm C»< m:C - ---ID \.>.)- ~ 0 ." F'~ 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 rJ:J Z 0 ..... ¡-c -< ~ ~ e" ~ ~ ¡:.:: "" ,-. .c ~ ..!:!. t.IJ 0 ëij C/) C/) t.IJ ~ O¡:.:: ~ø. S~ 0'> ~~ W N Vj § 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. ~ w C ~ bO ..JU ""~ ~b g~ ~C/) C/) W U ø:: oC/) ~C g~ ~ø. ZONE RS 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 ;gm ø>< [~ ë~ 0 ,'"'1"1 . - at) -f) 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 rJ) Z 0 - Eo- « ~ ;;J CJ ~ ~ CIJ CIJ ¡.¡.¡ g 0" ~~ -¡.¡.¡ ;:¡S; ~~ .-. .c ~ ~ ¡.¡.¡ 0 V; ¡.¡.¡ ~ CIJ b ,..¡ ¡-o ~ 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. ¡.¡.¡ ~ ð C,) b ,..¡ ~~ ~g -¡: ~CIJ Determined on a case by case basis. CIJ Ô ~ OCIJ ~C §~ ~ø.. 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 !Q. 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 '0 C> :;') T1 ......... 0-, 0 -n ~ USE ZONE CHART DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULA nONS MINIMUMS I MAXIMUMS REQUIRED YARDS C/'1 Z 0 .... Eo-< -< ~ ;:¡ Ç,:) ~ CI:) ~ g ~~ ~~ S~ 0';> ~~ ~ ~ ,.-.. ..c <.) '" ~ UJ (:) C;; ZONE SE ~ UJ C ~ ð u 9 en ¡,¡,¡ ~ ~ oen ~c ~~ SPECIAL REGULATIONS AND NOTES m >< :c - tD - ~ Process I, ll, m and IV are described in §§ 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. \ij (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) UJ t::: en 5 ...¡ Process Is acres Ifthiscan III accommodate SO or more attendees, then: SO' SO' ~~ ~b S2~ ~en 20' 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 ;gm C»< m::r: I~ ãi I;:; 0 -n 1- It:) --r) 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 t.L u .... g < E-< t.L ~~ p.. SE j oc:.: :ê' oen ~p.. t.L ~ ~ ~o ;:¡ -~ t:::i ~ ~ g~ USE Ç,,:) ;:Jt.L en ~ ~ß g~ ~ 0'S: !5 e SPECIAL REGULATIONS AND NOTES ~~ ...¡ rt en Su ~en ~p.. 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 C t..( EXHIBIT P4r.s: t.f OF