2020-06-17 Planning Commission PacketCommissioners City Staff
Lawson Bronson, Chair Tom Medhurst, Vice-Chair Robert “Doc” Hansen, Planning Manager
Wayne Carlson Hope Elder Stacey Welsh, Principal Planner
Dawn Meader McCausland Tim O’Neil E. Tina Piety, Administrative Assistant
Diana Noble-Gulliford Dale Couture, Alternate 253-835-2601
Eric Olsen, Alternate www.cityoffederalway.com
K:\PLN Planning Commission\2020\Agenda\Agenda 06-17-20.doc
City of Federal Way
PLANNING COMMISSION
June 17, 2020, 6:30 p.m. City Hall, Zoom Meeting
AGENDA
Notice: Pursuant to Governor Inslee’s Proclamation 20-28, all in-person meetings are prohibited until further
notice. The Mayor and City Council are providing opportunities for public comment by submitting written comment
or calling into the meeting to provide oral testimony. To access these options please use the following:
Click Here to Watch Online Live Streaming Video of the Meeting
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comment during the meeting (via telephone) / you will be given access during the
public testimony portion
Click Here 2 hours before the meeting starts to submit written comments to the
Planning Commission; reference “Planning Commission Public Hearing – June 17”
Watch from the Zoom mobile app with meeting: 960 6450 8156 and password: 182927
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
a. Planning Commission Meeting of February 19, 2020
4. PUBLIC COMMENT
5. COMMISSION BUSINESS
a. Public Hearing – Amendment to Flood Damage Prevention
b. Discussion – Amendment to Add New Section FWRC 19.135.252,
“Vacation of Right-of-Way”
c. Discussion – Amendment to FWRC 19.250, Cottage Housing
d. Discussion – Amendments to Comprehensive Plan Designations
6. STAFF BUSINESS
a. Director’s Report
7. NEXT MEETING
a. July 1, 6:30 p.m.
8. ADJOURNMENT
Planning Commission Meeting Minutes
February 19, 2020
Planning Commission Minutes Page 1 February 19, 2020
CITY OF FEDERAL WAY
PLANNING COMMISSION
February 19, 2020 City Hall
6:30 p.m. City Council Chambers
MEETING MINUTES
Commissioners present: Lawson Bronson, Tom Medhurst, Hope Elder, Wayne Carlson, Dawn Meader
McCausland, Tim O’Neil, Diana Noble-Gulliford, Dale Couture, and Eric Olsen. Commissioners absent:
none. City Staff present: Planning Manager Robert “Doc” Hansen, Assistant City Attorney Eric Rhoades,
and Administrative Assistant II Tina Piety.
CALL TO ORDER
Chair Bronson called the meeting to order at 6:30 P.M.
MINUTES
The January 29, 2020, minutes were approved as presented.
PUBLIC COMMENT
None
COMMISSION BUSINESS
a. Review Results from Sound Transit Tacoma Link Open Houses and Questionnaires – Planning
Manager Hansen delivered the report regarding Federal Way South. The information is being
presented for informational proposes. Focus has been placed on walkability in the area. It is
envisioned as a small but intense neighborhood with housing and shopping with lots of parking.
Commissioner O’Neil asked how does this area fit with our downtown. Manager Hansen replied that
downtown will be more intense then Federal Way South. Commissioner Noble-Gulliford asked if the
city has a formal definition of Transit Oriented Design (TOD). Will the final report have a glossary of
planning terms? Manager Hansen replied that the report will have a glossary. Regarding TOD, the
city doesn’t have a formal definition. TOD development is intended to support transit use, including
housing, within a radius of about ¼ of a mile (four to five blocks). Commissioner Noble-Gulliford
continued that it is her understanding that Sound Transit has a formal definition. For planning, will
the city’s or Sound Transit’s definition be used? Manager Hansen answered it will be a combination.
Commissioner Medhurst noted that the response to this survey is a small sampling of the city’s
population. How closely does it represent the full population of Federal Way? Manager Hansen
replied that it is not a representative sample, but it still gives staff useful information. Commissioner
Meader McCausland commented that the responses show a strong interest in entertainment and
dinning. What can the city do to encourage these and other types of small businesses? Manager
Planning Commission Minutes Page 2 February 19, 2020
Hansen replied that the city’s Economic Development Director works to encourage small and large
businesses in Federal Way. He is considering a meeting with stakeholders to discuss what type of
incentives would encourage them to locate in the city. Commissioner Couture commented tat TOD
can be a good magnet for development. He feels that it is a good idea to meet with developers to
discuss what would work in the area. Chair Bronson expressed his disappointment with the small
number of responses. The city needs to find a way to hear from more people. More specific
information about plans and discussions need to be shared with the public.
b. Discussion of Scope for the Housing Action Plan and Consultant Chosen – Manager Hansen delivered
the staff report. The information provided in the Planning Commission Packet is the tasks required by
the state. The city has chosen Berk Consultants as our consultant partially because they showed more
willingness to interact with staff and officials than the other consultants. Commissioner O’Neil asked
what is the ultimate goal of the housing plan? Manager Hansen replied that it begins our comprehensive
plan housing element update; will be the base for our plan. Through this research the city will find out what
housing needs we have. The plan will identify current housing needs in order to provide housing for all people.
Affordable housing is a loaded term and not always what people think it is. It needs to be clarified as affordable
is different in Seattle compared to the South Sound. Once we know where want to go, staff will start on housing
policies. These will go through the Planning Commission for a public hearing, and on to the Land Use and
Transportation Committee and City Council for approval. Commissioner Noble-Gulliford noted that the
property tax is higher in many areas of the South Sound. Will this be taken into consideration? She
also asked if there is consideration of elimination of single-family zoning? Manager Hansen replied
that property tax information will be considered. Currently, there is a bill before the state legislature
that would regarding single-family that would require allowing duplexes, triplexes, etc. within ½ mile
of a transit station. This would mean Federal Way would have to allow them on Steel Lake, which the
city opposes. Commissioner Noble-Gulliford commented that she is concerned that this would mean
upgrading water/sewer and roads, which would be very expensive for individual lot owners.
STAFF BUSINESS
a. Director’s Report – Manager Hansen reported that the department has three positions open; an
Associate Planner, Intern, and Sound Transit Liaison Planner. The City Council adopted the
Planning Commission Work Plan. It is very aggressive and Manager Hansen asked Commissioners
to let Assistant Piety know their anticipated schedule so it can be taken into consideration while
scheduling meetings.
Commissioner Carlson asked if the staff is planning to solicit stakeholders for the upcoming projects?
Manager Hansen responded he would like to involve stakeholders and asked Commissioners to let
him know of anyone who should be considered a stakeholder (they don’t have to live in the city).
NEXT MEETING
March 4, 2020, 6:30 p.m., Federal Way City Hall Council Chambers
ADJOURN
The meeting adjourned at 7:40 P.M.
K:\Planning Commission\2016\Meeting Summary 02-19-20.doc
Planning Commission Public Hearing
Amendment to Flood Damage Prevention
CITY OF FEDERAL WAY
MEMORANDUM
DATE: June 17, 2018
TO: Lawson Bronson, Chair
Planning Commission
FROM: Brian Davis, Community Development Director
Robert “Doc” Hansen, Planning Manager
SUBJECT: Amendments to Chapter FWRC 19.142 Regarding Flood Damage Prevention
I. FINANCIAL IMPACT
The approval of the following proposed code amendment will not cost the city any additional
funds, and will require no transfer of general funds for the action.
II. BACKGROUND
In February, new digital maps designating the City of Federal Way’s coastal area and determining
the floodplains location were adopted by Federal Emergency Management Agency (FEMA) and
the State of Washington. On February 19 ,2020, the city was sent a letter from FEMA regarding
amendments that need to be made to Federal Way Revised Code (FWRC) 19.142 to meet to the
new federal floodplain standards. The amendments are necessary for the city to keep its floodplain
insurance provided by the federal government.
Most lands considered “floodplains,” or special flood hazard area (SFHA), are located on the
city’s coastline according to past Floodplain Insurance Rate Maps (FIRM). The new digitized
maps to be adopted and go into effect as of August 19th will not significantly change these
previous maps.
III. PROPOSED CHANGES TO CODE
The draft proposed code amendments are attached as Exhibit A at the end of this brief. The
amendments will mainly place more responsibility on the city for implementation, and place
greater limitation on developments in areas that have more environmental significance. In
summary, the proposed amendments will:
1. Amend and add a number of definitions to the code, many of which are designed to provide
clarity to intentions of the regulation relating to substantial improvement, meaning of new
construction, and reference to measuring water level. Manufactured homes are identified
more specifically in a number of definitions; as are historic structures for their protection.
2. Reference the effective date that new maps will be used.
3. Place more responsibility upon local agencies in approving permits and variances.
Amendments to Chapter FWRC 19.142 Page 2 of 2
Planning Commission Memo June 17, 2020
4. Require the director to notify the Federal Insurance Administrator whenever development
may change the mean sea level on the property.
5. Provide greater distinction between the “AE” zone and the more environmental sensitive
“VE” zone as identified on the new maps by placing greater restrictions on development
proposed in the “VE” zone.
IV. PLANNING COMMISSION ACTION
Per code, the Planning Commission is required to hold a public hearing and make a recommendation
to the City Council on proposed code amendments after adequate public notification has been made.
Public Notice was made in the official newspaper on May 15, 2020, and was posted on line. No
comments have been received regarding the proposal. The Planning Commission has option to:
1. Recommend approval of the proposed amendments to the Council.
2. Recommend approval of the proposed amendments with modification to the Council.
3. Recommend denial of the proposed amendments to the Council.
V. TIMELINE
The planned actions to amend FWRC 19.142 are planned as shown below:
1. Notice of Planning Commission Public Hearing – May 29, 2020
2. SEPA DNS Notice Issued – May 15, 2020
3. Planning Commission Public Hearing – June 17, 2020
4. Land Use/Transportation Committee Public Meeting – July 6, 2020
5. City Council Public Meeting 1st Reading of Ordinance – July 15, 2020
6. City Council Public Meeting 2nd Reading of Ordinance – August 4, 2020
7. Ordinance Effective – August 7, 2020
VI. MAYOR’S RECOMMENDATION
After consideration of the review of the staff analysis and options available for action (approval,
approval with modification, or denial), the Mayor recommends that the proposed amendments be
approved as presented to the Planning Commission.
Page 1 of 16
Exhibit A
Amendments to FWRC 19.142
Chapter 19.142
FLOOD DAMAGE PREVENTION
Sections:
Article I. Generally
19.142.010 Purpose.
19.142.020 Adoption of state and federal statutes and regulations.
19.142.030 Methods of reducing flood losses.
19.142.040 Definitions.
Article II. Provisions
19.142.050 General provisions.
19.142.060 Development activities subject to floodplain development permits.
19.142.070 Use of other base flood data (in A and V zones).
19.142.080 Information to be obtained and maintained.
19.142.090 Alteration of watercourses.
19.142.095 Notification to Other Entities Changes to Floodplain Maps
19.142.100 Conditions for variances.
19.142.110 Provisions for flood hazard reduction.
19.142.120 Subdivision proposals.
19.142.130 Review of building permits.
19.142.140 Specific standards.
19.142.150 AE and A1-30 zones with base flood elevations but no floodways.
19.142.160 Floodways.
19.142.170 Critical facility.
Article I. Generally
19.142.010 Purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare and
minimize public and private losses due to flood conditions in specific areas by provisions
designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
Page 2 of 16
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains; electric,
telephone and sewer lines; streets; and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas
of special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood
hazard;
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for
their actions.
19.142.020 Adoption of state and federal statutes and regulations.
The following state statutes and administrative regulations as currently existing and hereafter
amended are hereby adopted by this reference as if set forth in full:
(1) Chapter 86.16 RCW, Floodplain Management.
(2) 44 CFR 59.22(a).
(3) 44 CFR 60.3(c)(1)(d)(2).
(4) 44 CFR 60.3(b)(1).
(5) 44 CFR 59.22(b)(1).
(6) 44 CFR 60.3(a)(2).
(Ord. No. 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-101. Formerly 16.40.020.)
19.142.030 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective
barriers, which help accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging, and other development which may increase flood
damage; and
(5) Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters
or may increase flood hazards in other areas.
19.142.040 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. Terms not defined here are defined according to Chapter 19.05 or 16.05 FWRC or
FWRC 1.05.020, in that order.
Page 3 of 16
“Actual start of construction” means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, any work beyond the stage of excavation, or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, or foundations or the
erection of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. “Actual start of construction,” for a substantial improvement, means the first alteration
of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
“Alteration of watercourse” means any action that will change the location of the channel
occupied by water within the banks of any portion of a riverine waterbody.
“Appeal” means a request for a review of the interpretation of any provision of this chapter or a
request for a variance.
“Area of shallow flooding” means designated as AO or AH zone on the flood insurance rate map
(FIRM). AO zones have base flood depths that range from one to three feet above the natural
ground; a clearly defined channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident. AO is characterized as sheet flow; AH
indicates ponding, and is shown with standard base flood elevations.
“Area of special flood hazard” means the land in the floodplain within a community subject to a
one percent or greater chance of flooding in any given year. Designation on maps always
includes the letter A or V.
“Base flood” means the flood having a one percent chance of being equaled or exceeded in any
given year (also referred to as the “100-year flood”). Designated on flood insurance rate maps
by the letter A or V.
“Base flood elevation (BFE)” means the elevation to which floodwater is anticipated to rise
during the base flood.
“Basement” means any area of the building having its floor sub-grade (below ground level) on
all sides.
“Breakaway wall” means a wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces,
without causing damage to the elevated portion of the building or supporting foundation system.
“Coastal high hazard area” means an area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. The area is designated on the FIRM as
zone V1-30, VE or V.
“Critical facility” means a facility for which even a slight chance of flooding might be too great.
Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire
and emergency response installations, and installations which produce, use, or store hazardous
materials or hazardous waste.
“Development” means any manmade change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavations, drilling operations, or storage of equipment or materials located within the area of
special flood hazard.
Page 4 of 16
“Director” means the director of the city of Federal Way community development department or
his or her designee.
“Elevated building” means, for insurance purposes, a nonbasement building that has its lowest
elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings,
or columns.
“Elevation certificate” means the official form (FEMA Form 81-31) an administrative tool of the
National Flood Insurance Program that can be used to track development, provide elevation
information necessary to ensure compliance with community floodplain management
ordinances, and to determine the proper insurance premium rate, with Section B completed by
Federal Way, and to support a request for a Letter of Map Amendment (LOMA), or Letter of
Map Revision – Based on Fill (LOMR-F).
“Existing manufactured home park or subdivision” means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is
completed before the effective date of the adopted floodplain management regulations.
“Expansion to an existing manufactured home park or subdivision” means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
“Flood” or “flooding” means a general and temporary condition of partial or complete inundation
of normally dry land areas from:
(1) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
(3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in (a)(2) of
this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry
land areas, as when earth is carried by a current of water and deposited along the path of the
current.
(b) The collapse or subsidence of land along the shore of a lake or other body of water as a
result of erosion or undermining caused by waves or currents of water exceeding anticipated
cyclical levels or suddenly caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or
an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding as defined in (a)(1) of this definition.
“Flood insurance rate map (FIRM)” means the official map on which the Federal Insurance
Administrationor has delineated both the areas of special flood hazards and the risk premium
zones applicable to the community.
“Flood insurance study (FIS)” means the official report provided by the Federal Insurance
Administration that includes flood profiles, the flood boundary-floodway map, and the water
surface elevation of the base flood.an examination, evaluation, and determination of flood
hazards and, if appropriate, corresponding water surface elevations, or an examination,
evaluation, and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
Also known as a Flood Elevation Study.
“Floodplain or flood-prone area” means any land area susceptible to being inundated by water
from any source. See “Flood or flooding.”
Page 5 of 16
“Floodplain management regulations” means zoning ordinances, subdivision regulations,
building codes, health regulations, special purposes ordinances (such as floodplain ordinance,
grading ordinance, and erosion control ordinance), and other applications of police power. The
term describes such state or local regulations, in any combination thereof, which provide
standards for the purpose of flood damage prevention and reduction.
“Flood proofing” means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate risk of flood damage to real estate or
improved real property, water and sanitary facilities, structures, and their contents. Flood
proofed structures are those that have the structural integrity and design to be impervious to
floodwater below the Base Flood Elevation.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot a designated height. Also known as a Regulatory
Floodway.”
“Functionally dependent use” means a use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes only docking facilities,
port facilities that are necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities; and does not include long term storage or related
manufacturing facilities.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
“Historic structure” means any structure that is:
1) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register;
2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district, or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
3) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
a) By an approved state program as determined by the Secretary of the Interior, or
b) Directly by the Secretary of the Interior in states without approved programs.
“Lowest floor” means the lowest enclosed area (including basement), except that where an
unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or
storage in an area other than a basement area, is built in compliance with the applicable non-
elevation design requirements of FWRC 19.142.140(1)(b), the next lowest enclosed area is the
lowest floor.
“Manufactured home” means a structure, transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities, but does not include a recreational vehicle.
“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Page 6 of 16
“Mean Sea Level” means for purposes of the National Flood Insurance Program, the vertical
datum to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are
referenced.
“New construction” means for which the start of construction commenced on or after the
effective date of the ordinance codified in this chapter for the purposes of determining insurance
rates, structures for which the “start of construction” commenced on or after the effective date of
an initial Flood Insurance Rate Map or after December 31, 1974, whichever is later, and
includes any subsequent improvements to such structures. For floodplain management
purposes, “new construction” means structures for which the "start of construction" commenced
on or after the effective date of a floodplain management regulation adopted by a community
and includes any subsequent improvements to such structures.
“New manufactured home park or subdivision” means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed on or after the
effective date of adopted floodplain management regulations.
“Recreational vehicle” means a vehicle:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
“Start of construction” includes substantial improvement, and means the date the building permit
was issued, where the actual start of construction, repair, reconstruction, placement or other
improvement occurs within 180 days of the permit date. See also “actual start of construction.”
“Structure” means a walled and roofed building, including a gas or liquid storage tank that is
principally above ground, as well as a manufactured home.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
“Substantial improvement” means any improvement of a structure, including any repair or
reconstruction, rehabilitation, addition, or other improvement of a structure where the cost of
which the improvement equals or exceeds 50 percent of the market value of the structure either
before the improvement is started or, if the structure has been damaged and is being restored,
before the damage occurred.
Substantial improvement does not include: “Start of Construction” means the improvement of
structures which have incurred “substantial damage,” regardless of the actual repair work
performed. The term does not, however, include either:
(a) any project for improvement of a structure to correct pre-cited existing violations of state
or local health, sanitary, or safety code specifications which have been previously
identified by the local code enforcement official and which are the minimum necessary to
assure safe living conditions; or
Page 7 of 16
(b) any alteration of a “historic structure” that precludes the structure’s continued
designation as a “historic structure” listed on the National Register of Historic Places or a
State Inventory of Historic Places.
Substantial improvement begins when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration affects the external
dimensions of the structure.
“Variance” means a grant of relief from the requirements of this chapter that permits
construction in a manner that would otherwise be prohibited by this chapter.
“Violation” means the failure of a structure or other development to be fully compliant with the
community's flood plain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in this
ordinance is presumed to be in violation until such time as that documentation is provided.
“Water-dependent” means a structure for commerce or industry that cannot exist in any other
location and is dependent on the water by reason of the intrinsic nature of its operations.
Article II. Provisions
19.142.050 General provisions.
(1) Application of chapter. This chapter shall apply to all areas of special flood hazards within
the jurisdiction of Federal Way. The areas of special flood hazard identified by the Federal
Insurance Administrationor in a scientific and engineering report entitled “The Flood Insurance
Study for King County, Washington and Incorporated Areas” dated May 16, 1995 August 19,
2020, and any revisions thereto, with an accompanying flood insurance rate map (FIRM), and
any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter.
The flood insurance study and the FIRM are on file at Federal Way City Hall. The best available
information for flood hazard area identification as outlined in FWRC 19.142.070 shall be the
basis for regulation until a new FIRM is issued that incorporates data utilized under
FWRC 19.142.070.
(2) Penalties for noncompliance. No structure or land shall hereafter be constructed, located,
extended, converted, or altered Any person responsible for constructing, locating, extending,
converting, or altering a structure or land without full compliance with the terms of this chapter and
other applicable regulations shall be subject to civil enforcement penalties under FWRC 1.15.
(3) Summary abatement. Whenever any violation of this chapter causes or creates a condition
which constitutes or contributes to an immediate and emergent threat to the public health, safety
or welfare or to the environment, the director may summarily and without prior notice abate the
condition. Notice of such abatement, including the reason for it, shall be given to the person
responsible for the violation as soon as reasonably possible after abatement. The costs of such
summary abatement shall be recoverable via procedures for recovery of abatement costs as set
forth in Chapter 1.15 FWRC, Civil Enforcement of Code.
(4) Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this chapter
and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
(5) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
Page 8 of 16
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(6) Warning and disclaimer of liability. The degree of flood protection required by this chapter is
considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be
increased by manmade or natural causes. This chapter does not imply that land outside the
areas of special flood hazards or uses permitted within such areas will be free from flooding or
flood damages. This chapter shall not create liability on the part of Federal Way, any officer or
employee thereof, or the Federal Insurance Administration, for any flood damages that result
from reliance on this chapter or any administrative decision lawfully made hereunder.
19.142.060 Development activities subject to floodplain development permits.
(1) Floodplain development permit required. A floodplain development permit shall be obtained
before construction or development begins within any area of special flood hazard established
in FWRC 19.142.050(1). The permit shall be for all structures including manufactured homes, as
set forth in FWRC 19.142.040, and for all development including fill and other activities, also as
set forth in FWRC 19.142.040.
(2) Nondevelopment activities. The following aActivities that do not meet the definition of
“development” in this chapter are allowed in the regulatory floodplain without the need for a
floodplain development permit under this chapter, provided all other federal, state, and local
requirements are met. The following are examples of activities not considered development or
manmade changes to improved or unimproved real estate:
(a) Routine maintenance of landscaping that does not involve grading, excavation, or
filling;
(b) Removal of noxious weeds and hazard trees and replacement of nonnative vegetation
with native vegetation;
(c) Normal maintenance of structures, such as reroofing and replacing siding, as long as
such work does not qualify as a substantial improvement;
(d) Normal maintenance of above ground public utilities and facilities, such as replacing
downed power lines;
(e) Normal street and road maintenance, including filling potholes, repaving, and installing
signs and traffic signals, but not including expansion of paved areas; and
(f) Normal maintenance of a levee or other flood control facility prescribed in the
operations and maintenance plan for the levee or flood control facility.
(3) Other activities. All other activities not described in subsection (2) of this section are allowed,
as long as a floodplain development permit is approved, and, if required, as long as such
activities meet all the other requirements of this chapter and the other provisions of the FWRC.
(4) Application for floodplain development permit in the AE zone. Application for a floodplain
development permit shall be made and will include, but not be limited to, plans in duplicate
drawn to scale showing the nature, location, dimensions, and elevations of the area in question,
existing or proposed structures, fill, storage of materials, drainage facilities, and the location of
the foregoing. Specifically, the following information is required:
Page 9 of 16
(a) Proposed Eelevation in relation to mean sea level, of the lowest floor (including
basement) of all structures recorded on a current elevation certificate (FEMA Form 81-31)
with Section B completed by the city of Federal Way building official;
(b) Proposed Eelevation in relation to mean sea level to which any structure has been will
be floodproofed;
(c) Certification by a registered professional engineer or architect that the floodproofing
methods for any nonresidential structure meet floodproofing criteria in
FWRC 19.142.140(2);
(d) Description of the extent to which a watercourse will be altered or relocated as a result
of proposed development.
(5) Application for development permit for Zone VE. Application for a floodplain development
permit shall be made and will include, but not be limited to, plans in duplicate drawn to scale
showing the nature, location, dimensions, and elevations of the area in question, existing or
proposed structures, fill, storage of materials, drainage facilities, and the location of the
foregoing. Specifically, the following information is required:
(a) Proposed elevation in relation to mean sea level of the bottom of the lowest structural
member of the lowest floor (excluding pilings and columns) of all structures, and whether
such structures contain a basement;
(b) Base Flood Elevation data for subdivision proposals or other development, including
manufactured home parks or subdivisions, greater than 50 lots or 5 acres, whichever is
the lesser; and
(c) Description of the extent to which any watercourse will be altered or relocated as a
result of proposed development.
(56) Designation of the local administrator. The director or designee is hereby appointed to
administer, and implement and enforce this chapter by granting or denying development permit
applications in accordance with its provisions. The director shall:
(a) Review all development applications to determine that the requirements of this chapter
have been satisfied;
(b) Review all development applications to determine that all necessary permits have been
obtained from those federal, state, or local governmental agencies from which prior
approval is required; and
(c) Review all development applications to determine if the proposed development is
located in the floodway. If located in the floodway, assure that the encroachment
provisions of FWRC 19.142.160(1) are met.
(67) Project requirements. If the project is located in the regulatory floodplain and includes
activities not listed in subsection (2) of this section, the application shall include a habitat impact
assessment completed by a professional biologist. If that assessment determines that impacts
upon the habitat would result from the project, the application shall also include a habitat
mitigation plan. The habitat assessment and the habitat mitigation plan shall be performed as
described in FEMA’s Regional Guidance for Floodplain Habitat Assessment and Mitigation in
the Puget Sound Basin, 2013, and any revisions thereto.
(78) Third-party review. For any habitat impact assessment or habitat mitigation plan, the city
may require a third-party review. Third-party review requires the applicant’s habitat impact
assessment, habitat mitigation plan, and/or additional technical studies to be reviewed by an
Page 10 of 16
independent third party, paid for by the applicant, but hired by the city. Third-party review shall
be conducted by a qualified consultant as defined in the Floodplain Habitat Assessment and
Mitigation Regional Guidance, FEMA Region X, 2010, and any revisions thereto.
19.142.070 Use of other base flood data (in A and V zones).
When base flood elevation data has not been provided (in A or V zones) in accordance with
FWRC 19.142.050(1), the director shall obtain, review, and reasonably utilize any base flood
elevation and floodway data available from a federal, state or other source, in order to
administer FWRC 19.142.140, Specific standards, and FWRC 19.142.160, Floodways.
19.142.080 Information to be obtained and maintained.
(1) Where base flood elevation data is provided through the FIS, FIRM, or required as in
FWRC 19.142.070, the applicant shall obtain and record the actual (as-built) elevation (in
relation to mean sea level) of the lowest floor (including basement) of all new or substantially
improved structures, and whether or not the structure contains a basement and provide such
information to the director or designee on a current FEMA elevation certificate (FEMA Form 81-
31). Section B will be completed by the city.
(2) For all new or substantially improved floodproofed nonresidential structures where base
flood elevation data is provided through the FIS, FIRM, or as required in FWRC 19.142.070, the
applicant shall obtain and record the elevation (in relation to mean sea level) to which the
structure was floodproofed and provide such information to the city. The city shall maintain the
floodproofing certifications required in FWRC 19.142.060(2)(c).
(3) The city shall maintain for public inspection all records pertaining to the provisions of this
chapter.
19.142.090 Alteration of watercourses.
The city shall notify adjacent communities and the Department of Ecology prior to any alteration
or relocation of a watercourse, and submit evidence of such notification to the Federal
Insurance Administrationor and shall require assure that maintenance is provided within the
altered or relocated portion of said watercourse so that the flood carrying capacity is not
diminished the carrying-capacity of the altered or relocated portion of said watercourse is
maintained.
19.142.095. Notification to Other Entities Changes to Floodplain Maps
Base Flood Elevations may increase or decrease resulting from physical changes affecting
flooding conditions. As soon as practicable, but not later than six months after the date such
information becomes available, the director shall notify the Federal Insurance Administrator of
the changes by submitting technical or scientific data in accordance with Volume 44 Code of
Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of
those physical changes affecting flooding conditions, risk premium rates and floodplain
management requirements will be based upon current data.
The director shall notify the Federal Insurance Administrator in writing of acquisition by means
of annexation, incorporation, or otherwise, of additional areas of jurisdiction.
Page 11 of 16
19.142.100 Conditions for variances.
(1) Generally, the only condition under which a variance from the elevation standard may be
issued is for new construction and substantial improvements to be erected on a small or
irregularly shaped lot one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level. As the lot size increases the technical
justification required for issuing the variance increases.
(2) Variances shall not be issued within a designated floodway if any increase in flood levels
during the base flood discharge would result.
(3) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(4) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship
to the applicant; and
(c) A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict with other existing laws or ordinances.
(5) Variances as interpreted in the National Flood Insurance Program are based on the general
zoning law principle that they pertain to a physical piece of property; they are not personal in
nature and do not pertain to the structure, its inhabitants, economic or financial circumstances.
They primarily address small lots in densely populated residential neighborhoods. As such,
variances from flood elevations should be quite rare.
(6) Variances may be issued for nonresidential buildings in very limited circumstances to allow a
lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined
that such action will have low damage potential, complies with all other variance criteria except
subsection (1) of this section and otherwise complies with FW RC 19.142.110(1) and (3),
and 19.142.120.
(7) Any applicant to whom a variance is granted shall be given written notice over the signature
of the director that the permitted issuance of a variance to construct a structure will be built with
its lowest floor below the base flood elevation and that the cost of flood insurance will be
commensurate with the increased risk will result in increased premium rates for flood insurance
up to amounts as high as $25 for every $100 of insurance coverage and that such construction
below the BFE increases risks to life and property.
(8) The director shall maintain a record of all variance actions, including justification for their
issuance.
(9) The director shall condition the variance as needed to ensure that the requirements and
criteria of this chapter are met.
19.142.110 Provisions for flood hazard reduction.
In all areas of special flood hazards, the following standards are required:
(1) Anchoring.
Page 12 of 16
(a) All new construction and substantial improvements shall be anchored to prevent
flotation, collapse, or lateral movement of the structure resulting from hydrodynamic or
hydrostatic loads, including the effects of buoyancy;
(b) All manufactured homes shall be anchored to prevent flotation, collapse, or lateral
movement, and shall be installed using methods and practices that minimize flood
damage. Anchoring methods may include, but are not limited to, use of over-the-top or
frame ties to ground anchors.
(2) Construction materials and methods.
(a) All new construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage.
(b) All new construction and substantial improvements shall be constructed using methods
and practices that minimize flood damage.
(c) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other
service facilities shall be designed and/or otherwise elevated or located so as to prevent
water from entering or accumulating within the components during conditions of flooding.
Locating such equipment below the base flood elevation may cause annual flood
insurance premiums to be increased.
(3) Utilities.
(a) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems;
(b) Water wells shall be located on high ground that is not in the floodway;
(c) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the systems into
floodwaters;
(d) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(4) Storage of Materials and Equipment
(a) The storage or processing of materials that could be injurious to human, animal, or
plant life if released due to damage from flooding is prohibited in special flood hazard
areas.
(b) Storage of other material or equipment may be allowed if not subject to damage by
floods and if firmly anchored to prevent flotation, or if readily removable from the area
within the time available after flood warning.
19.142.120 Development proposals, including manufactured home parks and
Ssubdivision proposals.
All development proposals, including manufactured home park or subdivision proposals, shall:
(1) All subdivision proposals shall bBe consistent with the need to minimize flood damage;
(2) All subdivision proposals shall hHave public utilities and facilities, such as sewer, gas,
electrical, and water systems located and constructed to minimize or eliminate flood damage;
(3) All subdivision proposals shall hHave adequate drainage provided to reduce exposure to
flood damage;
Page 13 of 16
(4) Where base flood elevation data has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals and other proposed
developments which contain at least all development proposals greater than 50 lots or five
acres (whichever is less).
19.142.130 Review of building permits.
Where elevation data is not available either through the FIS, FIRM, or from another authoritative
source (FWRC 19.142.070), applications for building permits shall be reviewed to assure that
proposed construction will be reasonably safe from flooding as determined by the director. The
test of reasonableness is a local judgment and includes use of historical data, high water marks,
photographs of past flooding, etc., where available.
19.142.140 Specific standards.
The following provisions are required in all areas of special flood hazards where base flood
elevation data has been provided as set forth in FWRC 19.142.050(1) or 19.142.070.
(1) Residential construction in Zone AE.
(a) New construction and substantial improvement of any residential structure shall have
the lowest floor, including basement, elevated one foot or more above the base flood
elevation (BFE).
(b) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited,
or if used solely for parking, access, or storage, shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must either be certified by a registered
professional engineer or architect or must meet or exceed the following minimum criteria:
(i) A minimum of two openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding shall be provided.
(ii) The bottom of all openings shall be no higher than one foot above grade.
(iii) Openings may be equipped with screens, louvers, or other coverings or devices;
provided, that they permit the automatic entry and exit of floodwaters.
Foundation vent standards required by the IBC/IRC outside the floodplain do not meet this
standard and are often inadvertently permitted. Insurance rates reflect an “all or nothing”
standard. Partially ventilated crawlspaces may be subject to an additional loading fee of 20 to
25 percent attached to the annual insurance premium.
Upon completion of the structure, certification by a registered professional engineer or surveyor
that the elevation requirements of the lowest floor, including basement, of this section have
been satisfied shall be provided to the director for verification.
(2) Residential construction in Zone VE:
(a) Be located landward of the reach of mean high tide;
(b) Have the bottom of the lowest structural member of the lowest floor (excluding pilings and
columns), elevated to or above the Base Flood Elevation;
Page 14 of 16
(c) Have the pile or column foundation and structure attached thereto be anchored to resist
flotation, collapse, and lateral movement due to the effects of wind and water loads acting
simultaneously on all building components. Water loading values used shall be those
associated with the base flood. Wind loading values used shall be those required by applicable
state or local building standards;
(d) Have the space below the lowest floor, usable solely for parking of vehicles, building access,
or storage, either free of obstruction or constructed with non-supporting breakaway walls, open
wood lattice-work, or insect screening intended to collapse under wind and water loads without
causing collapse, displacement, or other structural damage to the elevated portion of the
building or supporting foundation system. For the purposes of this section, a breakaway wall
shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per
square foot;
(e) Prohibit the use of fill for structural support of buildings; and
(f) Prohibit man-made alteration of sand dunes and mangrove stands.
A registered professional engineer or architect shall develop or review the structural design,
specifications and plans for the construction, and shall certify that the design and methods of
construction to be used are in accordance with accepted standards of practice for meeting the
provisions of this section.
Upon completion of construction, certification by a registered professional engineer or architect
that these design standards have been satisfied, and certification by a registered professional
engineer or surveyor that the elevation requirements of the bottom of the lowest structural
member of the lowest floor, excluding pilings and columns, of this section have been satisfied
shall be provided to the director for verification.
(23) Nonresidential construction in an AE zone. New construction and substantial improvement
of any commercial, industrial or other nonresidential structure shall either have the lowest floor,
including basement, elevated one foot or more above the base flood elevation; or, together with
attendant utility and sanitary facilities, shall:
(a) Be floodproofed so that below one foot or more above the base flood level the
structure is watertight with walls substantially impermeable to the passage of water;
(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
(c) Be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for
meeting provisions of this subsection based on their development and/or review of the
structural design, specifications and plans. Such certifications shall be provided to the
official as set forth in FWRC 19.142.060(2);
(d) Nonresidential structures that are elevated, not floodproofed, must meet the same
standards for space below the lowest floor as described in subsection (1)(b) of this
section.
Applicants who are floodproofing nonresidential buildings should beware that flood insurance
premiums will be based on rates that are one foot below the floodproofed level (e.g., a building
floodproofed to the base flood level will be rated as one foot below). Floodproofing the building
an additional foot will reduce insurance premiums significantly.
Upon completion of the structure, certification by a registered professional engineer or surveyor
that the elevation requirements of the lowest floor, including basement, of this section have
Page 15 of 16
been satisfied shall be provided to the director for verification; or certification by a registered
professional engineer or architect that the floodproofing design of this section is satisfied,
including the specific elevation in relation to mean sea level to which such structures are
floodproofed, shall be provided to the director for verification.
(4) Non-residential construction in Zone VE. Floodproofing of non-residential structures is
prohibited. All structures must be elevated and constructed according to the requirements set
forth in FWRC 19.142.140(1).
(35) Manufactured homes. All manufactured homes in the floodplain to be placed or
substantially improved on sites shall be elevated on a permanent foundation such that the
lowest floor of the manufactured home is elevated one foot or more above the base flood
elevation and be securely anchored to an adequately anchored foundation system to resist
flotation, collapse and lateral movement.
Upon completion of installation of the manufactured home, certification by a registered
professional engineer or surveyor that the elevation requirements of this section have been
satisfied shall be provided to the director for verification.
(6) Manufactured homes in Zone VE. All manufactured homes to be placed or substantially
improved on sites shall meet the standards of residential construction in VE Zones in FWRC
19.142.140(1).
Upon completion of installation of the manufactured home, certification by a registered
professional engineer or surveyor that the elevation requirements of this section have been
satisfied shall be provided to the director for verification.
(47) Recreational vehicles. Recreational vehicles placed on sites are required to either:
(a) Be on the site for fewer than 180 consecutive days; or
(b) Be fully licensed and ready for highway use, on wheels or jacking system, attached to
the site only by quick disconnect type utilities and security devices, and have no
permanently attached additions; or
(c) Meet the requirements of subsection (3) of this section and the elevation and anchoring
requirements for manufactured homes.
19.142.150 AE and A1-30 zones with base flood elevations but no floodways.
In areas with base flood elevations (but a regulatory floodway has not been designated), no new
construction, substantial improvements, or other development (including fill) shall be permitted
within zones A1-30 and Zone AE on the community’s FIRM, unless it is demonstrated that the
cumulative effect of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the base flood more
than one foot at any point within the community.
19.142.160 Floodways.
Located within areas of special flood hazard established in FWRC 19.142.050(1) are areas
designated as floodways. Chapter 86.16 RCW will need to be consulted in addition to this Code.
The more restrictive provisions shall apply. Since the floodway is an extremely hazardous area
due to the velocity of floodwaters that can carry debris, and increase erosion potential, the
following provisions apply:
Page 16 of 16
(1) Encroachments, including fill, new construction, substantial improvements, and other
development shall be prohibited unless certification by a registered professional engineer is
provided demonstrating through hydrologic and hydraulic analyses performed in accordance
with standard engineering practice that the proposed encroachment would not result in any
increase in flood levels during the occurrence of the base flood discharge.
(2) Construction or reconstruction of residential structures is prohibited within designated
floodways, except for (a) repairs, reconstruction, or improvements to a structure which do not
increase the ground floor area; and (b) repairs, reconstruction or improvements to a structure,
the cost of which does not exceed 50 percent of the market value of the structure either (i)
before the repair, or reconstruction is started, or (ii) if the structure has been damaged, and is
being restored, before the damage occurred. Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or safety code specifications which
have been identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions, or to structures identified as historic places, may be
excluded in the 50 percent.
(3) If subsection (1) of this section is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction provisions of FWRC
19.142.110, Provisions for flood hazard reduction.
19.142.170 Critical facility.
Construction of new critical facilities shall be, to the extent possible, located outside the limits of
the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities
shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities
constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the
height of the 500-year flood, whichever is higher. Access to and from the critical facility should
also be protected to the height utilized above. Floodproofing and sealing measures must be
taken to ensure that toxic substances will not be displaced by or released into floodwaters.
Access routes elevated to or above the level of the base flood elevation shall be provided to all
critical facilities to the extent possible.
Planning Commission Discussion B
Amendment to Add New Section
FWRC 19.135.252, “Vacation of Right-of-Way”
CITY OF FEDERAL WAY
MEMORANDUM
DATE: July 1, 2020
TO: Planning Commission
VIA: Jim Ferrell, Mayor
FROM: EJ Walsh, P.E., Director of Public Works
SUBJECT: ORDINANCE: Relating to vacation of Right of Ways
FINANCIAL IMPACTS:
This Ordinance does not contain financial considerations which propose an impact.
BACKGROUND:
Public Right of Ways are held by the City in trust for public use, and, relinquishing a Right of Way
restricts public movement and is therefore a significant act.
From time to time the City receives requests to vacate public Right of Ways. Typically, these requests are
in conjunction with, or as a result of, private development. Current adopted code does contain a section
related to Right of Way vacations, however does not establish criteria under which such requests should
be reviewed. Further, in accordance with the Revised Code of Washington, vacations should only be
completed when it significantly serves the public interest.
Therefore, the proposed Ordinance establishes criteria under which to review requests for Right of Way
vacation, requires the applicant to demonstrate the public benefit, and directs establishment of
Administrative policies, including an application and checklist.
Ordinance No. 19-_____ Page 1 of 4
Rev 2/19
ORDINANCE NO. _________
AN ORDINANCE of the City of Federal Way, Washington, relating to
Right of Way Vacations; modifying chapter 4.20 and adding a new
section to chapter 19.135 FWRC.
______________________________________________________________________________
WHEREAS, the City of Federal Way (“City”) is a non-charter code city under Title 35A
of the Revised Code of Washington (“RCW”); and
WHEREAS, occasionally property owners desire to acquire the Right of Way next to their
property; and
WHEREAS, the City holds Right of Ways in trust for public use; and
WHEREAS, relinquishing the easement and restricting public movement through the Right
of Way is a significant act and not done lightly; and
WHEREAS, the City Council shall determine that doing so significantly serves the public
interest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Chapter 4.20 of the Federal Way Revised Code is hereby amended to add a new
section 4.20.120(2)(f) to read as follows:
4.20.120 Conduct of hearing – Basis for decision.
A public hearing on a proposed street vacation shall be held before the city council. At the time
of the hearing on the vacation, or at such time as the same may be continued by the city council,
the matter shall be considered and those desiring to speak on the vacation shall be heard.
Following the hearing, the council shall decide whether to grant or deny the petition for vacation.
Such determination shall include, but not be limited to:
(1) Compliance with the following criteria:
Ordinance No. 19-_____ Page 2 of 4
Rev 2/19
(a) The vacation provides a public benefit or is for a public benefit. The benefit may
include economic or business support the community as a whole derives from the abutting
property owner;
(b) The street, alley or portion thereof is no longer required for public use;
(c) The vacation does not abut a body of water, such as a river, lake, or salt water, except
for a public purpose such as a park or port facility and which reverts to a public authority;
and
(2) Consideration of the following criteria:
(a) The vacation meets the intent of the city’s comprehensive plan’s general purposes and
objectives;
(b) The vacation provides for an exchange of public property in the public interest;
(c) Whether conditions may so change in the future as to provide a greater use or need than
presently exists;
(d) Whether objections to the proposed vacation are made by owners of private property,
exclusive of petitioners, abutting the same;
(e) The vacation would not interfere with future development or access to other existing or
future developments.
(f) The petitioner has demonstrated the vacation complies with FWRC 19.135.252.
Section 2. Chapter 19.135 of the Federal Way Revised Code is hereby amended to add a
new section 19.135.252 to read as follows:
19.135.252 Vacation of Right of Way.
(1) Generally. The Public Works Director shall prepare and make available for distribution
administrative Street Vacation Policies, including an application checklist and application.
(2) Right of Way may be reduced or vacated only after the following requirements are
completed:
(a) Analysis and documentation consistent with the Street Vacation Policies.
Ordinance No. 19-_____ Page 3 of 4
Rev 2/19
(b) Demonstration that the remaining street network meets the block perimeter standards
of FWRC 19.135.251. Where block perimeter standards are not met prior to vacation, any
vacation of public Right of Way shall not result in an increase in the non-conforming
block length.
(C) A traffic analysis demonstrating that there will be no increase in trips by vehicles,
pedestrians, or other modes on the Right of Way network as a result of the vacation; or
proposed improvements required for mitigation so there is no resulting increase in trips
on the Right of Way network.
(D) A public hearing before the City Council complying with the requirements of FWRC
4.20.120.
Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this ordinance or its application to any other person or situation. The City Council of the City of
Federal Way hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
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 take effect and be in force thirty (30) days
Ordinance No. 19-_____ Page 4 of 4
Rev 2/19
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this _________ day of
___________________, 20___.
CITY OF FEDERAL WAY:
________________________________
JIM FERRELL, MAYOR
ATTEST:
________________________________________
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
__________________________________________
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Planning Commission Discussion C
Amendment to FWRC 19.250
Cottage Housing
Planning Commission Staff Report June 17, 2020
2020 Comprehensive Plan Amendment – Eliminate Affordable Units Requirement Within Cottage Housing Page 1 of 2
PLANNING COMMISSION
STAFF REPORT
June 17, 2020
TO: Lawson Bronson, Federal Way Planning Commission Chair
FROM: Brian Davis, Community Development Director
Robert “Doc” Hansen, Planning Manager
SUBJECT: FOR DISCUSSION – Amendment to Title 19.250, to Eliminate Requirement for
Affordable Units Within a Cottage Housing Development
INTRODUCTION
On June 21, 2006, the Planning Commission conducted a public hearing and submitted to the Land Use
and Transportation Committee and City Council its recommendation to adopt design guidelines and
criteria for permitting cottage housing within the City of Federal Way. On September 19, 2006, the City
Council approved allowance of cottage housing per Ordinance 06-533, which outlined the development
standards and demonstration project selection process and criteria.
Federal Way Revised Code (FWRC) 19.250.030 indicates that a cottage housing development can be between
4 and 16 units. Yet the next line limits the number of cottage housing developments to 12 units. The purpose
of the limitation is to encourage the development of affordable units in cottage housing developments.
Only one cottage housing development has occurred since the adoption of the ordinance. However, due to
the increased need for housing and the limited amount of developable land that exists in residentially zoned
lands in the City of Federal Way, development of cottage housing is expected to increase if permitted.
The development of a cottage housing unit is not inexpensive. While less land is needed for the
development of a single-family residence, the amount of preparation for the site is sometimes expensive
to meet facility standards. Design criteria also contributes to the increased expense in development of the
unit. For this reason, developers will not develop an affordable unit for the benefit of gaining one
additional market-rate unit since the cost to build the unit often exceeds the amount that the builder is
compensated for that additional unit. Because of this situation, it is suggested that the requirement to have
two units “affordable,” as defined in the FWRC, of a 16-unit cottage housing development in order to
build the 16 units be removed from the code. From this section of the code’s development, one can
conclude that 16 units is compatible with single-family development. Therefore, it can be assumed that
elimination of the affordability requirement will not have any impact upon the nature of the single-family
environment. The proposed language amendment to FWRC 19.250.030(1)(b) is as follows:
Planning Commission Staff Report June 17, 2020
2020 Comprehensive Plan Amendment – Eliminate Affordable Units Requirement Within Cottage Housing Page 2 of 2
(b) CHDs shall contain clusters consisting of a minimum of four dwelling units and a
maximum of 16 units. In RS 5.0 and 7.2 zones, no more than 12 dwelling units are permitted
in a CHD, unless additional dwelling units are permitted subject to FWRC 19.250.150. A
CHD may be integrated into a larger conventional subdivision.
An amendment will also be necessary to FWRC 19.250.150. The entire section will be eliminated as follows:
In the RS zones, CHDs that include affordable units may exceed the base level of 12 dwelling
units up to a total of 16 dwelling units (assuming adequate overall lot size). One-half of all
dwelling units over the base level of 12 must be affordable (for example, a total of four
additional dwelling units may be permitted if two of these are affordable).
(1) Affordable cottages shall be sold at a price which is affordable for a two-person
household with an annual income equal to or less than 80 percent of median income.
Affordable CSF units shall be sold at a price which is affordable to a three-person household
with an annual income equal to or less than 80 percent of median income. The director of
community development shall prepare administrative guidelines for calculation of sale price
and determination of income eligibility.
(2) Affordable dwelling units shall have the same appearance and utilize the same exterior
materials as market rate dwelling units and shall be dispersed throughout the CHD.
(3) A deed, covenant or title restriction shall be recorded on the deed/title of affordable
dwelling units. The restriction shall effectively maintain the units as affordable for a period of
not less than 15 years from initial occupancy. The restriction shall be in a form acceptable to
the director of community development.
Planning Commission Discussion D
Amendments to
Comprehensive Plan Designations
Shelter Resources Property
Eliminate “Minor Collector” Classification
Planning Commission Staff Report June 17, 2020
Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 1 of 3
PLANNING COMMISSION
STAFF REPORT
June 17, 2020
TO: Lawson Bronson, Federal Way Planning Commission Chair
FROM: Brian Davis, Community Development Director
Robert “Doc” Hansen, Planning Manager
SUBJECT: File 16-105018-UP – 2020 Proposed Comprehensive Plan Amendment and Rezone
of Shelter Resources Property from RS-7.2 Single-Family High Density Residential
and Single-Family to RM 1800 Multifamily Residential and Multifamily
I. INTRODUCTION
Pursuant to RCW 36.70A(2)(a), the City of Federal Way may update its comprehensive plan
annually. Per Federal Way Revised Code (FWRC) 19.80.050, the city has elected to review
citizen-initiated requests on an annual basis. As part of the annual review, the city may also make
changes to chapters and maps of the comprehensive plan. The governing body shall consider all
proposals concurrently so that the cumulative effect of the various proposals can be ascertained.
Shelter Resources, Inc. re-submitted a request for a comprehensive plan amendment and rezone
on September 19, 2019, to change the designations of parcels #720480-0172 and #720480-0174
from Single-Family High Density Residential and Single-Family (RS 7.2, one unit per 7,200
square feet) to Multifamily Residential and Multifamily (RM 1800, one unit per 1,800 square
feet). Shelter Resources, Inc. is requesting the comprehensive plan designation and rezone in
order to allow transit-oriented multifamily housing as the parcels are within one half mile of the
planned 272nd Sound Transit Light Rail Station, which will be constructed in 2024 at the existing
Star Lake Park and Ride, located adjacent to the intersection of I-5 and South 272nd Street.
These parcels do not front on a public street. However, the applicant has acquired the Silver
Shadow Apartments which is adjacent to the west, in order to provide the necessary access to
parcels #720480-0172 and #720480-0174.
II. REASON FOR PLANNING COMMISSION ACTION
FWRC Chapter 19.80, “Council Rezones,” establishes a process and criteria for comprehensive
plan amendments. Consistent with Process VI review, the role of the Planning Commission is as
follows:
Planning Commission Staff Report June 17, 2020
Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 2 of 3
1. To review and evaluate the requests for comprehensive plan amendments;
2. To determine whether the proposed comprehensive plan amendments meet the
criteria provided by FWRC.80.140, 19.80.150, and 19.75.130(3); and
3. To forward a recommendation to the City Council regarding adoption of the
proposed comprehensive plan amendments.
III. PROCEDURAL SUMMARY
Steps Date
Issuance of Determination of Nonsignificance (DNS) Pursuant to the State
Environmental Policy Act (SEPA)
March 13, 2020
End of SEPA Comment Period March 27, 2020
End of SEPA Appeal Period April 17, 2020
Public Hearing before the Planning Commission July 15, 2020
LUTC Meeting August 3, 2020
City Council 1st Reading September 1, 2020
City Council 2nd Reading September 15, 2020
IV. BACKGROUND AND PROJECT DESCRIPTION
The land requested for rezone is 3.5 acres in size and is now vacant. The parcel has no direct
access to any city street, and its land-locked situation is most likely the reason that the land has
not been developed.
In 2017 Shelter Resources, Inc. wanted the land being considered for rezone to be used for a
potential multiple-family, transit-oriented development, and made application for rezone. The
property does not front on a public street, and there was no documented access point to Pacific
Highway South when the application was made. Access had to be secured before the site would
be suitable for the requested RM 1800 zoning. The land owners indicated that they would
eventually obtain public access by the time of the public hearing, and the city submitted the
proposal to the state’s Department of Commerce for review of the proposal and its adherence to
RCW 36.70A, the Growth Management. No issues were raised by the Department of Commerce
and the proposal is considered to have been reviewed by the state.
Since the first application was made, the applicants for the proposal have secured public access to
the property through an existing multiple-family development. Such access was not available
when the application was first made in 2018, which prevented the city from processing the request.
Land Use
An existing multiple family residential area is located adjacent and west of the proposed rezone/
comprehensive plan site, similar to the request made by the applicants. A Metro Transit Park and
Ride area is located north of the site and is zoned Business Commercial (BC). Land at the
northeast point of the site is zoned RM 1800 and is developed with multifamily housing. Land
Planning Commission Staff Report June 17, 2020
Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 3 of 3
directly east of the proposed change is zoned RS 7.2 and is vacant, and approximately 200 feet
southeast from the southeastern corner of the proposed rezone site is a single-family subdivision
which has been developed, zoned RS 7.2. Land directly south and adjacent of the site is vacant
and zoned 7.2. The single-family development to the southeast is buffered from this site by
wetlands and a Native Growth Protection Easement (NGPE), where development is prohibited.
Multi-family housing is not allowed in the existing RS 7.2 zone. However, it is allowed in the
requested RM 1800 zone. The applicant is requesting a comprehensive plan designation and
rezone in order to allow transit-oriented multi-family housing as the parcel is within one half mile
of the planned 272nd Sound Transit Light Rail Station, planned to be operating by 2024 at the
existing Star Lake Park and Ride, a stop located adjacent to the intersection of I-5 and South
272nd Street.
Planning Commission Staff Report June 17, 2020
2020 Comprehensive Plan Amendment – Elminate “Minor Collector” Classification in Map III-3 Page 1 of 1
PLANNING COMMISSION
STAFF REPORT
June 17, 2020
TO: Lawson Bronson, Federal Way Planning Commission Chair
FROM: Brian Davis, Community Development Director
Robert “Doc” Hansen, Planning Manager
SUBJECT: SUMMARY INFORMATION – Comprehensive Plan Amendment, Eliminate the “Minor
Collector” Classification in Chapter 3, Map of the Comprehensive Plan
BACKGROUND
Pursuant to RCW 36.70A(2)(a), the City of Federal Way may update its comprehensive plan annually. Per
Federal Way Revised Code (FWRC) 19.80.050, the city has elected to review citizen-initiated requests on
an annual basis. As part of the annual review, the city may also make changes to chapters and maps of the
comprehensive plan. The governing body shall consider all proposals concurrently so that the cumulative
effect of the various proposals can be ascertained.
A proposal was initiated by the City Council to have the Planning Commission make a recommendation
to amend the Federal Way Comprehensive Plan, Chapter 3, Map III-3 by removing the designation of
“Minor Collector” of 376th Street adjacent to Milton and through the Redondo Subdivision on 19th
Avenue. The comprehensive plan amendment and rezone will permit the same residential density as the
adjacent properties to the east of the proposed amendment area.
A comprehensive plan amendment and rezone for 26 parcels (56.06 acres) in the Milton Road area east of
I-5 (Exhibit A) from Single-Family Medium Density Residential RS 35.0 (one unit per 35,000 square feet)
to Single-Family High-Density Residential RS 7.2 was approved on April 2, 2019. Along with the
approval of the amendment and rezone, Council requested the staff to evaluate and provide a draft
proposal to remove the “Minor Collector” classification of the 376th Street/19th Avenue connection
between I-5 and Enchanted Parkway.
Any proposals that may result from the rezone action by the Council in 2019 will be subject to future review
for compliance with all codes. Specifically, any future development, regardless of the road classification
within the comprehensive plan, will be required to construct street improvements consistent with city
roadway standards.