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City Council Staff Report 2019 SMP Update Page 1 of 12
CITY OF FEDERAL WAY
MEMORANDUM
DATE: May 23, 2019
TO: Federal Way City Council
VIA: Jim Ferrell, Mayor
FROM: Brian Davis, Community Development Director
Robert “Doc” Hansen, Planning Manager
Margaret Clark, AICP, Principal Planner
SUBJECT: 2019 Periodic Update of the Shoreline Master Program (Non-Project Action)
Files: 17-105423-UP & 19-101677-SE
MEETING DATE: June 3, 2019
I. FINANCIAL IMPACT
The approval of the proposed Update of the Shoreline Master Program will not cost the City any
additional funds, and will require no transfer of general funds for the action.
II. BACKGROUND
The City of Federal Way is undertaking a periodic review of its Shoreline Master Program (SMP), as
required by the Washington State Shoreline Management Act (SMA). The city adopted its current
SMP in 2011. The focus of this periodic review is on consistency with changes to state law made
since its adoption in 2011. The review will also address consistency with the city’s comprehensive
plan and development regulations. The goal is to adopt the updated SMP by June 30, 2019.
After review of the SMP and shoreline regulations, it was determined that no amendments were
necessary to be made to the comprehensive plan to meet state requirements. However, it was
determined that several amendments were needed to the Federal Way Revised Code (FWRC)
Title 15 and Title 19 to meet state law and the intent of the SMA.
City Council Staff Report 2019 SMP Update Page 2 of 12
III. REASON FOR CITY COUNCIL ACTION
FWRC Chapter 19.80, “Council Rezones,” establishes a process and criteria for code
amendments. Consistent with Process VI review, the role of the City Council is as follows:
1. To review and evaluate the proposed code amendments;
2. To determine whether the proposed code amendments meet the criteria in FWRC
19.80.130.
IV. PROCEDURAL SUMMARY
Steps Date
Open House January 30, 2019
Planning Commission Study Session April 3, 2019
Issuance of Determination of Nonsignificance (DNS) pursuant to the State
Environmental Policy Act (SEPA)
April 12, 2019
Planning Commission Study Session April 17, 2019
Public Hearing before the Planning Commission May 1, 2019
LUTC Meeting June 3, 2019
City Council 1st Reading June 18, 2019
City Council 2nd Reading July 2, 2019
City Council Staff Report 2019 SMP Update Page 3 of 12
V. PUBLIC COMMENTS RECEIVED
The following public comments were received:
Date Name Comment Staff Responses/Comments Recommendation
1/25/19 Futurewise Strongly supports the Update; recent scientific
data shows that Puget Sound continues to be
under stress.
Noted. No change.
1/25/19 Futurewise There is evidence that shoreline master programs
are not achieving “No net loss.”
Re-evaluation of the no net loss assessment
originally conducted as part of the previous
comprehensive SMP update is not part of this
Periodic Update.
No change.
1/25/19 Futurewise Recent scientific studies indicate that reduced
Chinook salmon runs undermine the potential for
the southern resident orca population to
successfully reproduce and recover. The Puget
Sound Chinook runs are below their recovery
goal and getting worse.
Noted. No change.
1/25/19 Futurewise They recommend that Federal Way evaluate its
SMP to ensure that it is achieving no net loss of
ecological functions including protecting
shorelines and water quality. The Washington
State Department of Ecology has recently
published a method of evaluating the adequacy
of wetland buffers and local government buffer
requirements. This method could be adapted to
evaluate marine and riparian buffers required by
the Federal Way Shoreline Master Program, in
addition to its wetland buffers.
Re-evaluation of the no net loss assessment
originally conducted as part of the previous
comprehensive SMP update is not part of this
Periodic Update.
No change.
1/31/19 Larry Flesher,
Citizen
Does the watershed boundary, see attached
picture from King County Gov., also extend the
200 foot buffer boundary around bodies of water
shorelines?
For Hylebos Creek, there was limited USGS
stream gage data from what I could find, but the
average measurement over the course of 2015
was 9.77 cubic feet per second. The threshold to
No change.
City Council Staff Report 2019 SMP Update Page 4 of 12
Date Name Comment Staff Responses/Comments Recommendation
Additionally, who monitors watersheds and
potential misuses or change impacts?
be in shoreline jurisdiction is 20 cubic feet per
second. Unfortunately, further technical review
of mean annual flow for potential new streams in
shoreline jurisdiction is outside the scope of this
SMP Periodic Update.
2/27/19 Larry Flesher,
Citizen
I did not see, or recognize anywhere in the report
that talked about the rational to drop the
shoreline buffer from 200 feet to the new 175
foot width. Can you provide me that analysis?
SMP jurisdiction extends 200 feet from the
Ordinary High Water Mark of “Shorelines of the
State” (Lakes over 20 acres and the marine
shoreline in Federal Way) and includes
associated wetlands as part of jurisdiction. There
is no watershed boundary per se that strictly
includes SMP jurisdiction unless it is captured by
the SMP jurisdiction definition.
The potential buffer reduction under City
consideration is in wetland buffers for lower
functioning wetlands, based upon Ecology recent
guidance. This reduction is not related to
Shoreline Master Program shoreline buffers or
shoreline jurisdiction. The link to the Ecology
reduced buffer guidance can be found here:
https://fortress.wa.gov/ecy/publications/parts/160
6001part1.pdf
In Summary, no reduction in shoreline buffers or
change in shoreline jurisdiction is proposed as
part of this update. No shoreline buffer is
proposed to be reduced from 200 feet to 175 feet.
Shoreline jurisdiction is typically 200 feet
landward of the Ordinary High Water Mark of
Shorelines of the State (Puget Sound, North
Lake, Steel Lake, and NW portion of Lake
Killarney in City limits), although associated
wetlands may make this area larger. Therefore,
shoreline jurisdiction will not decrease as part of
this proposal.
No change.
City Council Staff Report 2019 SMP Update Page 5 of 12
Date Name Comment Staff Responses/Comments Recommendation
4/03/19 Larry Flesher,
Citizen
He is concerned with watersheds and how the
proposed regulations might affect them. It is his
understanding that the government awards grants
for research on watersheds and the impacts on
them. Does the city have any such grants?
Manager Hansen referred him to Surface Water
Manager Theresa Thurlow to ask about grants.
No change.
4/03/19 Peter Townsend,
Citizen
He asked if recent federal regulation changes
have affected the city.
Manager Hansen replied that nothing has
affected the city; most of the proposed
regulations have come from the state.
No change.
4/03/19 Peter Townsend,
Citizen
He asked if there is anything from the city’s
perspective and/or staff experience in the
proposal.
Manager Hansen replied that he is reviewing a
number of items in light of our perspective and
experience. Staff is also considering comments
from the public.
No change.
4/14/19 Hugo Flores,
Department of
Natural
Resources
The Department of Natural Resources would like
more information about under what conditions
we would allow bulkheads to be higher than one
foot. Is it because of rising sea levels due to
climate change?
Existing bulkheads on many shoreline properties
are taller than the bulkhead height maximum of
one foot above mean higher high water mark.
Changing bulkhead maximum height from one
foot above mean higher high water mark to the
minimum necessary for protection of upland
structures will help avoid unnecessary variances.
Minimum necessary requirements can be
supported by recorded tidal events and
geotechnical documentation.
No change.
5/7/19 Larry Flesher,
Citizen
I think there is a major issue…
Per the SMP Inventory and Characterization
Report Alex sent:
1.1 Background and Purpose
The purpose of this study is to conduct a
baseline inventory and characterization of
conditions relevant to the shoreline resources of
the City of Federal Way (City), Washington.
According to Substitute Senate Bill (SSB) 6012,
passed by the 2003 Washington State
Legislature, cities and counties are required to
amend their local shoreline master programs
(SMPs) consistent with the Shoreline
Updating the City’s Inventory and
Characterization Report is not within the scope
of this Periodic Update, per ecology guidance.
For reference, WAC 173-26-090 provides a
scope of the periodic update.
No change.
City Council Staff Report 2019 SMP Update Page 6 of 12
Date Name Comment Staff Responses/Comments Recommendation
Management Act (SMA), Revised Code of
Washington (RCW) 90.58 and its implementing
guidelines, Washington Administrative Code
(WAC) 173-26. The City is updating its SMP
with the assistance of a grant from the
Washington Department of Ecology (Ecology)
(Grant Agreement No. G0600119). A first step
in the comprehensive update process is
development of a shoreline inventory and
characterization. The inventory and
characterization documents current shoreline
conditions and provides a basis for updating the
City’s SMP goals, policies, and regulations.
This characterization will help the City identify
existing conditions, evaluate existing functions
and values of its shoreline resources, and
explore opportunities for conservation and
restoration of ecological functions. This study
characterizes ecosystem-wide processes and
how these processes relate to shoreline
functions. Processes and functions are evaluated
at two different scales: a watershed or landscape
scale, and a shoreline reach scale. The purpose
of the watershed or landscape scale
characterization is to identify ecosystem
processes that shape shoreline conditions and to
determine which processes have been altered or
impaired. The intent of the shoreline reach scale
inventory and characterization is to: 1) identify
how existing conditions in or near the shoreline
have responded to process alterations; and 2)
determine the effects of the alteration on
shoreline ecological functions.”
I call your attention to the bold red in the report
excerpt above. As this inventory is 12 years old
at best… How can the Federal Way SMP be
updated without first making sure the inventory
is correct?
City Council Staff Report 2019 SMP Update Page 7 of 12
Date Name Comment Staff Responses/Comments Recommendation
In the last few years we have become smarter
about our delicate environment and recognized
the dramatic impacts of neglect. Federal Way
really needs to update their inventory, and make
sure their watersheds are accounted in the
planning. To say the scope of the SMP update
does not include all the inventories (like
watersheds) just has to be wrong.
Please help me understand why the inventories
are not being updated as a precursor to the SMP
update.
5/13/19 Jack
McCullough,
McCullough Hill
Leary Law Firm
He was concerned about the proposal to
eliminate limited office and commercial
development in the Urban Conservancy
Environment. They state that under the SMP, the
purpose of the Urban Conservancy Designation
is to “protect and restore ecological functions of
open space, floodplain, and other sensitive lands
where they exist in urban and developed settings,
while allowing a variety of compatible uses.” In
the case of the Federal Way Campus, LLC, on
the west side of North Lake the zoning for this
property allows commercial and industrial uses.
Elimination of the limited allowance for office
and commercial uses in the Urban Conservancy
Environment in this location will result in an
effective “split-zoning” of that portion of the site,
with residential uses allowed in the shoreline
environment and commercial uses allowed in the
adjacent upland area.
During staff’s presentation to the Planning
Commission at their May 1, 2019, public
hearing, we recommended making no changes
related to allowing office and commercial
development in the Urban Conservancy
Environment; therefore, the existing code
language will remain unchanged.
The proposed change to the
Urban Conservancy
Environment will be removed.
The existing code will remain
unchanged.
5/13/19 Futurewise We recommend that the City of Federal Way
review and improve its Shoreline Management
Program (SMP) to ensure that it is achieving no
net loss of ecological functions and to support the
recovery of the Chinook salmon and the
Southern resident orcas.
A no net loss of ecological functions assessment
is not required as part of this update.
No change.
City Council Staff Report 2019 SMP Update Page 8 of 12
Date Name Comment Staff Responses/Comments Recommendation
5/13/19 Futurewise We strongly support the adoption of the
improved wetland buffers. See FWRC
19.145.420(2).
Staff Concurs. No change.
5/13/19 Futurewise Amend the hard-armoring requirements in
FWRC 15.05.050(1) so they are consistent with
WAC 173-26-231(3)(a)(iii)(B).
Staff Concurs with Futurewise’s comment and
will add the underlined language under the
corresponding “Recommendation” column.
FWRC 15.05.050(1) Shoreline
modifications, is proposed to
read as follows:
(i) The applicant shall provide a
geotechnical report, prepared
by a qualified professional, that
estimates the rate of erosion
and evaluates alternative
solutions; the urgency
associated with the specific
situation; and demonstrate the
project is consistent with WAC
173-26-231(3)(a)(iii)(B); and
5/13/19 Futurewise Protect people and property from sea level rise
and increased coastal erosion. They recommend
that the following new regulations be added to
Section 15.05.040, General Development
Standards, of the SMP update:
i. New lots shall be designed and located so that
the buildable area is outside the area likely to be
inundated by sea level rise in 2100, and outside
of the area in which wetlands will likely migrate
during that time.
ii. Where lots are large enough, new structures
and buildings shall be located so that they are
outside the area likely to be inundated by seal
level rise in 2100, and outside of the area in
which wetlands and aquatic vegetation will likely
migrate during that time.
While sea level rise is an important long-range
planning consideration, it is not a requirement to
assess as part of this periodic update. The City
may include this level of assessment at a later
date.
No change.
City Council Staff Report 2019 SMP Update Page 9 of 12
Date Name Comment Staff Responses/Comments Recommendation
5/13/19 Futurewise The SMP should require site investigations for
sites that the Washington State Department of
Archeology and Historic Preservation predictive
model rates as “survey recommended: moderate
risk,” “survey highly advised: high risk,” and
“survey highly advised: very high risk.”
Staff Concurs. FWRC 15.05.040(6),
Archeological and historic
resources, is proposed to be
amended to encapsulate this
comment:
(d) Archeological site
investigations are required for
sites as defined by
Washington State Department
of Archeology and Historic
Preservation predictive model
rates as “survey
recommended: moderate risk,
“survey highly advised: very
high risk,” and “survey highly
advised: very high risk.”
5/13/19 Futurewise We support extending the “stringline”
requirement in FWRC 15.05.080(5)(i)(C) to
marine shorelines
Staff Concurs. No change.
5/13/19 Futurewise Adopt regulations to document all project review
actions in shoreline jurisdiction and periodically
evaluate the cumulative effects of authorized
development on shoreline conditions at least as
frequently as periodic reviews.
Cumulative impacts analysis of authorized
development is not a requirement of this SMP
periodic update.
No change.
City Council Staff Report 2019 SMP Update Page 10 of 12
VI. SUMMARY OF CODE AMENDMENTS
1. Amendment to the Critical Areas Regulations – The Department of Ecology issued guidance on
their revised rating system in 2014. This revised rating system represents the best available
science (BAS) as it is based on a better understanding of wetland functions, ways to evaluate
them, and what is needed to protect them. While local governments are not required to use
Ecology’s revised rating system, Ecology encourages local governments to use them.
2. Proposed Amendments to the SMP – These are proposed amendments to the SMP intended to
address gaps in the City’s SMP, related to changes in state law between 2011 and 2017, and
to address other issues as part of the periodic update process to produce a more effective
SMP. The City’s periodic review proposes to:
• Revise or add several definitions.
• Incorporate an updated Environmentally Critical Areas Ordinance, repealing
the reference to FWRC 15.10 and referencing FWRC 19.145.
• Update language consistent with recent changes in state laws and rules.
• Add a section on shoreline setback vegetation conservation standards.
• Ensure consistency with other city plans and regulations.
VII. DEVELOPMENT REGULATION AMENDMENT CRITERIA
FWRC 19.80.130 provides criteria for evaluating text amendments. The following section
analyzes compliance of the proposed zoning text amendments with the criteria provided by this
section. The City may amend the text of the FWRC if it finds that:
(1) The proposed amendment is consistent with the applicable provisions of the comprehensive plan;
Staff Response: The adopted Federal Way Comprehensive Plan (FWCP) is to be implemented
by development regulations as indicated within the Growth Management Act. The proposed
FWRC text amendments are consistent with the following FWCP goals and policies:
Goal
SMPG2 Residential use of shoreline areas should be continued and encouraged in
areas that have not been designated as Natural environments by the SMP, allowing a
variety of housing types. New development or redevelopment of residential uses should
cause no net loss of shoreline ecological function as identified in the SMP’s Shoreline
Inventory Characterization and Analysis.
Policies
SMPP10 Residential developments should be designed to achieve no net loss of
shoreline ecological functions and minimize interference with visual and physical access.
Unavoidable impacts to the shoreline environment from residential development should
be mitigated to assure no net loss of shoreline ecological functions.
City Council Staff Report 2019 SMP Update Page 11 of 12
a. Residential development in designated critical areas or their associated buffers
should be regulated as required by the City’s SMP regulations.
b. Residential development on piers or over water is prohibited.
c. Landfill for residential development that reduces water surface or floodplain
capacity shall not be permitted.
d. In residential developments, the water’s edge should be kept free of buildings and
fences.
e. Development standards should require the retention of natural shoreline vegetation
and other natural features of the landscape to the greatest extent possible during site
development and construction.
(2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and
Staff Response: The proposed amendments bear a substantial relation to public health, safety,
and welfare as its implementation will prevent uncoordinated and piecemeal development, while
protecting against adverse impacts to public health, the land and its vegetation, and wildlife.
(3) The proposed amendment is in the best interest of the residents of the City.
Staff Response: The proposed amendments are in the best interest of the residents of the City
because they permit for development of the shorelines where appropriate, while still protecting
the shoreline environment. The update process also allows the City to update its code to
comply with changes in state law and with the best available science (BAS) as it evolves.
VIII. PLANNING COMMISSION ACTION
At a public hearing on May 1, 2019, the Planning Commission heard a presentation on the
proposed code amendments by the Community Development staff. After deliberation, the
Planning Commission voted unanimously to recommend approval of the proposed Ordinance.
IX. PROPOSED CHANGES BY STAFF AFTER PLANNING COMMISSION ACTION
After the Planning Commission’s recommendation on May 1st, staff consulted with one of the
City’s wetland consultants after an internal staff discussion and proposes a change to FWRC
19.145.420(2) to increase the wetland buffers as shown on the new Table I, and retain the existing
language for buffer reduction in FWRC 19.145.440(6), and buffer increases (FWRC
19.145.440[7]). The reason for this recommendation is that the existing criteria for buffer
reduction and increase are straight forward and easy to administer as opposed to the minimization
language recommended by the Department of Ecology.
City Council Staff Report 2019 SMP Update Page 12 of 12
X. CITY COUNCIL ACTION
Consistent with the provisions of FWRC 19.80.260, the City Council may take the following
actions regarding the proposed code amendments:
1. Approve the code amendments as proposed;
2. Approve the code amendments with further amendments; or
3. Disapprove the proposed code amendments;
4. Refer the amendments back to the planning commission for further proceedings.
XI. MAYOR’S RECOMMENDATION
After consideration of the staff analysis and options available for action (approval, approval with
modification, disapproval, or referring them back to the Planning Commission), the Mayor
recommends the proposed amendments be approved.
