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12-101499 FILE CITY OF 11""'""%..r' Federal Way Department of Community and Economic Development Interpretation #12-01 Subject Measurement of`existing grade'and`proposed grade' in calculation of`Average Building Elevation'(ABE). Interpretation This interpretation is intended to clarify the intent of language in the Federal Way Revised Code(FWRC)Title 19,Division I, `Administration,' definition of`Average Building Elevation(ABE)—specifically,the measurement of"existing elevation"and"proposed elevation"(undefined terms within the definition of ABE). "Existing elevation"as used in the definition of ABE shall mean the elevation that existsl (or has been approved by city land use/grading permit)at the time of building permit application(or time of building construction when there is no building permit required). "Proposed elevation"as used in the definition of ABE shall mean the finished grade proposed in a building permit application(or constructed finished grade of building when there is no building permit required). Discussion Large sites with any degree of topography will require grading-likely both cut and fill sections in order to achieve accessibility for vehicles and pedestrians across the site.The fill sections will result in a rough grade that is above the elevation that existed prior to start of construction.The definition of ABE is: "Average building elevation (ABE)"means the average of the highest and lowest existing or proposed elevations,whichever is lowest,taken at the base of the exterior walls of the structure,or it means five feet above the lowest of the existing or proposed elevations,whichever is lowest.ABE is the elevation from which building height is measured. This definition requires that building height be measured from the lower of existing or proposed elevation.In the fill sections of a site,the lower will always be the elevation that existed before placement of fill.If the elevation that existed before placement of fill is considered to be the"existing elevation"for the purpose of building height measurement,then the allowable height of buildings is effectively lowered by the depth of fill placed on that part of the site.With such an interpretation,fill sections would be largely unbuildable in many instances.Such an interpretation would be contrary to the intent of allowing the reasonable development of property and could result in some properties being infeasible to develop from an economic perspective. An alternative interpretation of the code,the interpretation made effective in this document,is that the"existing elevation"is the elevation that results from the exercise of creating a usable site with accessibility from one end to the other.Another way to express this interpretation is that"existing elevation"is the elevation at the time the building permit application is submitted.The term"existing elevation"is not defined and therefore is interpretable. 1 Elevation created by illegal grading action shall not be considered"existing grade." ti The purpose of the language requiring height measurement from the lower of existing or proposed elevation is to prevent the artificial"mounding"of a site in order to achieve improved views or visibility for a subject property relative to and at the detriment of surrounding properties.This purpose can be enforced by reviewing grading permits with this issue in mind and by conditioning them to prevent such artificial"mounding"and resulting detrimental impacts to adjacent properties.This interpretation of ABE is based on the premise that staff will not permit"mounding"or similar practices in rough grading or building permits. Another factor to take into consideration is past practice.It appears this interpretation has been utilized,if never articulated,in many instances in the past.Examples include almost any subdivision built on land with more than minimal topography as well as a number of commercial sites,especially larger sites with multiple buildings. The logical conclusion is that the code has generally been interpreted consistent with this written interpretation. This interpretation simply formalizes past practice and provides clear guidance going forward. The meaning of"proposed elevation"is less in question and should be interpreted as described in this document. Criteria Pursuant to FWRC 19.50.040(2),the Director shall base an interpretation on: (a) The defined or common meaning,as applicable,of the words in the provision; Response: The words are used in their common meaning in the interpretation. (b) The general purpose of the provision as expressed in the provision;and Response: The words in question are part of a defmition.There is no purpose statement for the definition portion of the code. (c) The logical or likely meaning of the provision viewed in relation to the comprehensive plan,the Federal Way Revised Code as a whole,or other plans or studies prepared or adopted by the city. Response: The comprehensive plan is supportive of reasonable development of property within the city while at the same time envisions protection of adjacent properties and uses from the impacts of unreasonable development.The interpretation is consistent with both aspects of the comprehensive plan.Applicable goals and policies are listed below. HGI Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character. HG3 Develop a Comprehensive Plan and zoning code that provide flexibility to produce innovative housing solutions, do not burden the cost of housing development and maintenance, and diversify the range of housing types available in the City. HP15 Review zoning, subdivision, and development regulations to ensure that they further housing policies and don't create unintended barriers. HP31 Encourage new residential development to achieve maximum allowable density based on gross area. The interpretation is fully consistent with the above goals and policies, which establish the need to allow reasonable development,while also minimizing impact on adjacent properties—which is what the interpretation accomplishes. 12-101499 Doc.ID.60855 The interpretation is also consistent with the overall purpose of the FWRC,which is to promote and protect the general health, safety, and welfare of the citizens of Federal Way.The interpretation is also consistent with the purpose statement in the clearing and grading section of the code"to promote the public health, safety,and welfare of the citizens of Federal Way without preventing the reasonable development of land."Interpreting the code otherwise would,in many circumstances,prevent the reasonable development of land. Conclusions This interpretation of ABE is necessary to clarify an ambiguous provision of the zoning code,is necessary to allow reasonable development of land,and is supported by the criteria for interpretation. "Existing elevation"as used in the definition of ABE shall mean the elevation that exists(or has been approved by city land use/grading permit)at the time of building permit application(or time of building construction when there is no building permit required). "Proposed elevation"as used in the definition of ABE shall mean the finished grade proposed in a building permit application(or constructed finished grade of building when there is no building permit required). Pa Doherty,Community Economic Development Director Date 12-101499 Doc.I .60855 .. •IXt Y' 416 . ?' Yip. k ft4d,aal way NOTICE OF INTERPRETATION FILE#12-01 filliaar Code Prevision Rife lr Nrpretation clarifies the intent of laa tip!Federal Way Revised Code (FWRC) * ow I, "Administration," definition of`may 101041k10 Elevation (ABE) - specifically, the i11 wwnent of'existing elevation and proposed'O- Ileks statement of Interpretation elevation"as used in the definition iplef Mean the elevation that exists (or hasten awned by city land use/grading permit) t *Op of building permit application (or t# bffillffiirg.construction when there is no b' p tii it required). "Proposed elevation"as $0 04 Olt diffinftion of ABE shall mean the finished e /taMNd in a building permit application (0111110, irk finished grade of building when*Oil il g permit required). Interpretation . .3 2012 AffillffillAity of Official File 11ri labial project file is available for review$fM Oibt re federal Way Department of Community MO Enoraic Development (Federal Way City 5 8th Avenue South, Federal Way,WA N$9718),.253-835-2607, from 8 a.nr.** Elonday through Friday. WO Appeal Ailpla son who is aggrieved by this interpo n>Igr es a written letter of appeal to Directao Imo. all IMherty, indicating how the interpretaS An Nis or her property or other inter prawn any relevant arguments or informal*.. litre=detrectness of the interpretation, widlliveds rfort df the issuance of the decision.The appi1 ON include the appeal fees as established The appeal will not be accepted unless 1 t'O wildiee accompanies it. An*peal of this interpretation will be rerltting and decided upon using the process for �in FWRC 19.55.050"Appeals." for Filing an Appeal iApril 30,2012 ..,R Cortfaci Manager Isaac ConInn,253 , ,., . . 'r fiillly ' z irij- 1 31919 1 s' Ave S, Suite 101 I Federal, Way, WA 98003 1253.925.5565 1253.925.5750 (f) Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a semi-weekly newspaper. That said newspaper is published in the English language continually as a semi- weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way - Community Development Department as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive weeks(s), commencing on the 13th day of April 2012, and ending on the 13th day of April 2012, both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $98.06, which amount has been paid in full, or billed at the legal rate according to RCW 65. 16.090. Subscribed to and sworn before me this 1st day of May 2012. Notary Public in and for the State of Washington, ```tots i H ,iii��i Residing at Federal Way s: �1 ek , ,% \$ ••........ ,e 4 Q..••.•‘ssi01VF+.•`j �i 4� •Olt �1•CI�. `' NOTARY N� 7. : PUBLIC i.z. .. /7-,c- L (-7:42/14-'' 'L: /‘ '•.•rr.24.A5•.••' '�Q��� FILE CITY OF Federal Way NOTICE OF INTERPRETATION FILE #12-01 Citation of Code Provision This interpretation clarifies the intent of language in the Federal Way Revised Code(FWRC)Title 19, Division I,"Administration,"definition of`Average Building Elevation(ABE)—specifically, the measurement of`existing elevation and proposed elevation.' Summary Statement of Interpretation "Existing elevation"as used in the definition of ABE shall mean the elevation that exists(or has been approved by city land use/grading permit)at the time of building permit application(or time of building construction when there is no building permit required). "Proposed elevation"as used in the definition of ABE shall mean the finished grade proposed in a building permit application(or constructed finished grade of building when there is no building permit required). Date of Interpretation April 13,2012 Availability of Official File The official project file is available for review at the City of Federal Way Department of Community and Economic Development(Federal Way City Hall, 33325 8th Avenue South, Federal Way, WA 98063- 9718),253-835-2607, from 8 a.m. to 5 p.m., Monday through Friday. Right to Appeal Any person who is aggrieved by this interpretation may file a written letter of appeal to Director Patrick Doherty, indicating how the interpretation affects his or her property or other interest and present any relevant arguments or information on the correctness of the interpretation, within 14 days of the issuance of the decision. The applicant shall include the appeal fees as established by the City. The appeal will not be accepted unless the required fee accompanies it. An appeal of this interpretation will be reviewed and decided upon using the process for appeals outlined in FWRC 19.55.050"Appeals." Deadline for Filing an Appeal 5:00 p.m.,April 30,2012 City Staff Contact Planning Manager Isaac Conlen, 253-835-2643 Published in the Federal Way Mirror on April 13,2012. Doc.I .60818 DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 3332 Sout Avenue 98003 Federal Way WA 98003 CITY OF �� 253-835-7000;Fax 253-835-2609 www.cityoffederalway.com Federal Way DECLARATION OF DISTRIBUTION I, at,,,\, k ) >c, hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action 0 Land Use Decision Letter ❑ Notice of Determination of Significance 0 Notice of Public Hearing before the (DS) and Scoping Notice Hearing Examiner ❑ Notice of Environmental Determination 0 Notice of Planning Commission Public of Nonsignificance (SEPA, DNS) Hearing ❑ Notice of Mitigated Environmental 0 Notice of LUTC/CC Public Hearing Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Application for Shoreline Management Permit ❑ Notice of Land Use Application & Optional DNS/MDNS 0 Shoreline Management Permit eti FWRC Interpretation 0 Adoption of Existing Environmental Document ❑ Other was 0 mailed 0 faxed Xe-mailed and/or 0 posted to or at each of the attached addresses on NA \ 11 , 2012. Project Name 1,4e r r-e'tA o(N o Ab'E File Number(s) 1i. .-IbI Y 9 9 Signature Date Y "/.) r I a K:\CD Administration Files\Declaration of Distribution.doc/last printed 1/12/2012 2:20:00 PM CITY OF " f Federal Way NOTICE OF INTERPRETATION FILE #12-01 Citation of Code Provision This interpretation clarifies the intent of language in the Federal Way Revised Code(FWRC)Title 19, Division I,"Administration,"definition of`Average Building Elevation(ABE)—specifically,the measurement of`existing elevation and proposed elevation.' Summary Statement of Interpretation "Existing elevation"as used in the definition of ABE shall mean the elevation that exists(or has been approved by city land use/grading permit)at the time of building permit application(or time of building construction when there is no building permit required). "Proposed elevation"as used in the definition of ABE shall mean the finished grade proposed in a building permit application(or constructed finished grade of building when there is no building permit required). Date of Interpretation April 13,2012 Availability of Official File The official project file is available for review at the City of Federal Way Department of Community and Economic Development(Federal Way City Hall, 33325 8th Avenue South,Federal Way,WA 98063- 9718), 253-835-2607, from 8 a.m. to 5 p.m.,Monday through Friday. Right to Appeal Any person who is aggrieved by this interpretation may file a written letter of appeal to Director Patrick Doherty, indicating how the interpretation affects his or her property or other interest and present any relevant arguments or information on the correctness of the interpretation,within 14 days of the issuance of the decision. The applicant shall include the appeal fees as established by the City. The appeal will not be accepted unless the required fee accompanies it. An appeal of this interpretation will be reviewed and decided upon using the process for appeals outlined in FWRC 19.55.050"Appeals." Deadline for Filing an Appeal 5:00 p.m.,April 30,2012 City Staff Contact Planning Manager Isaac Conlen, 253-835-2643 Published in the Federal Way Mirror on April 13,2012. Doc.I .60818 Tamara Fix From: Rudi Alcott[ralcott@fedwaymirror.corn] Sent: Wednesday,April 11, 2012 4:25 PM To: Tamara Fix Subject: Re: Legal Notice- Interpretation No problem. We will get this in for you. Take care, Rudi Alcott Publisher Federal Way Mirror p: 253.925.5565 x-1050 c: 253.336.5359 t: 206.390.5925 On Wed, Apr 11, 2012 at 4:24 PM, Tamara Fix <Tamara.Fix@cityoffederalway.com> wrote: Please publish the following legal notice (Interpretation 12-01) in Friday's (April 13, 2012) issue. Please confirm and issue an affidavit of publication. Thanks! Lamara. }'ix Ad m.in. .ssst. City qf federaC Way tcimarafix@cityoffedera[way.corn "When life gives you a hundred reasons to cry, show life that you have a thousand reasons to smile." Unknown 1 • ••., ,,.. DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES A. 33325 8th Avenue South Federal Way WA 98003 CITY OFF`� 253-835-7000; Fax 253-835-2609 Federal Way www.citvoffederalway.com DECLARATION OF DISTRIBUTION i, 110 0a1 1-k-CA �JY1/t�"' hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Land Use Decision Letter ❑ Notice of Determination of Significance 0 Notice of Public Hearing before the (DS) and Scoping Notice Hearing Examiner ❑ Notice of Environmental Determination 0 Notice of Planning Commission Public of Nonsignificance (SEPA, DNS) Hearing ❑ Notice of Mitigated Environmental 0 Notice of LUTC/CC Public Hearing Determination of Nonsignificance (SEPA, MDNS) 0 Notice of Application for Shoreline Management Permit ❑ Notice of Land Use Application & Optional DNS/MDNS 0 Shoreline Management Permit ❑ FWRC Interpretation 0 Adoption of Existing Environmental 1 Document WOther 3c c k•Ce \v` e Qre- - was ff mailed? 0 faxed 0 e-mailed and/or osted to or at each of the attached addresses on l7 2012. Project Name 1v 0 1`�% V-- ""r q(Qk k r File Number(s) Signature arm L04/2}4--- Date ( /LZ, Lt.[ '' K:\CD Administration Files\Declaration of Distribution.doc/Last printed 4/13/2012 8.13:00 AM .� .+► , Posted Sites: Federal Way City Hall: 33325 8th Ave South Federal Way Library: 34200 1st Way South Federal Way 320th Library: 848 S. 320th St K:\CD Administration Files\Declaration of Distribution.doc/Last printed 4/13/2012 8:13:00 AM CITY OF 1111 '1mos/ Federal Way NOTICE OF INTERPRETATION FILE #12-01 Citation of Code Provision This interpretation clarifies the intent of language in the Federal Way Revised Code(FWRC)Title 19, Division I,"Administration,"definition of`Average Building Elevation(ABE)—specifically,the measurement of`existing elevation and proposed elevation.' Summary Statement of Interpretation "Existing elevation"as used in the definition of ABE shall mean the elevation that exists(or has been approved by city land use/grading permit)at the time of building permit application(or time of building construction when there is no building permit required). "Proposed elevation"as used in the definition of ABE shall mean the finished grade proposed in a building permit application(or constructed finished grade of building when there is no building permit required). Date of Interpretation April 13,2012 Availability of Official File The official project file is available for review at the City of Federal Way Department of Community and Economic Development(Federal Way City Hall,33325 8th Avenue South, Federal Way, WA 98063- 9718), 253-835-2607, from 8 a.m. to 5 p.m., Monday through Friday. Right to Appeal Any person who is aggrieved by this interpretation may file a written letter of appeal to Director Patrick Doherty, indicating how the interpretation affects his or her property or other interest and present any relevant arguments or information on the correctness of the interpretation, within 14 days of the issuance of the decision. The applicant shall include the appeal fees as established by the City. The appeal will not be accepted unless the required fee accompanies it. An appeal of this interpretation will be reviewed and decided upon using the process for appeals outlined in FWRC 19.55.050"Appeals." Deadline for Filing an Appeal 5:00 p.m.,April 30,2012 City Staff Contact Planning Manager Isaac Conlen, 253-835-2643 Published in the Federal Way Mirror on April 13,2012. Doc.I.D.608I8